Yasmin Lawsuit

January 28, 2010, by Ronald V. Miller, Jr.

Our Yasmin lawyers are investigating potential Yasmin lawsuits throughout the country. Yasmin lawsuits continue to rise due in no small part to the fact that there has been no Yasmin recall: this birth control drug has remained on the market.

There are two types of Yasmin lawsuits we are evaluating: The first is for Yasmin users that took Yasmin and suffered deep vein thrombosis (blood clots), pulmonary embolism, stroke, or other heart condition.

The second type of Yasmin lawsuit involves gallbladder injuries. Doctors and the medical literature have indicated a significant spike in gallbladder disease among otherwise healthy young woman. The common thread? Drospirenone-containing birth control medications such as Yasmin.

Why does this happen? Doctors believe that Yasmin can increase cholesterol levels in bile while at the same time decreasing gallbladder movement, leading to gallstones.

What specifically are the injuries? Plaintiff's Yasmin lawsuits claim many women on Yasmin must have their gallbladder take out, requiring surgery, scarring and sometimes other long term effects.

If you believe you may have a potential Yasmin lawsuit, call 800-553-8082 or get a free online Yasmin lawsuit consultation.

Will Savella Be Recalled?

January 27, 2010, by Ronald V. Miller, Jr.

Public Citizen is asking the FDA to take Savella off the market. Savella is a drug used to treat fibromylagia, a tough disease that doctors have a difficult time solving that causes a host of maladies including muscle soreness and pain, headache, fatigue and depression.

Public Citizen's beef with Savella? Essentially, this consumer watchdog argues that Savella just does not work and it causes high blood pressure. With respect to causing high blood pressure in some patients, this is set forth very clearly on Savella label as well as the increased risk of suicidal behavior.

The manufacturers of Savella, as you can imagine, disagree. They contend that the safety and efficacy of Savella was clear established in clinical trials and that the risk of high blood pressure is worth the benefits of Savella.

There are no lawsuits yet involving Savella and, regardless of who is right here or even if there is an eventual recall because post-marketing data finds the clinical trial findings to be false, I don't think there is going to be any litigation involving Savella.

Toyota Recall

January 23, 2010, by Ronald V. Miller, Jr.

Toyota Motors recalled 2.3 million cars Thursday because Toyota learned that accelerator pads may stick, causing the car or truck to unintentionally speed up. The recall covers car and truck models 2005 to 2010. This recall includes the 2005-10 Avalon; 2007-10 Camry and Tundra; 2008-10 Sequoia; 2009-10 RAV4, Corolla and Matrix; and 2010 Highlander. It also covers the 2009-10 Pontiac Vibe.

It appears that the genesis of the recall comes a car accident in December in which four people died when a Toyota Avalon went off the road into a pond, apparently from sudden acceleration which is the problem that led to the recall.

Chrysler Break Recall

January 21, 2010, by Ronald V. Miller, Jr.

Chrysler has issued a recall of almost 25,000 vehicles with defective breaks that may cause brake failure. The Chrysler Recall applies to a number of 2009 and 2010 cars and trucks, these include, the 2009-2010 Dodge Ram trucks and 2010 Chrysler Sebring, Jeep Liberty, Dodge Avenger, Dodge Nitro and Commander and Grand Cherokee SUVs.

Product liability lawyers do not often praise auto giants. But it seems like Chrysler is being very responsible by getting out on the front end of a problem before people start getting seriously hurt or killed in accidents.

Medtronic Lawsuit Status

January 20, 2010, by Ronald V. Miller, Jr.

The Medtronic Sprint Fidelis wire lead lawsuits have been treading water since Riegel v. Medtronic, waiting for the Medical Device Safety Act of 2009 to legislatively reverse the Supreme Court's pro-preemption decision.

Scott Brown's win in Massachusetts last night was likely a blow for those Medtronic lead wire victims that have turned their desperate eyes to Congress for help. Nothing is going to have on medical devices until after health care reform. Shortly before or after that vote, Scott Brown is going to be seated and it is going be that much harder to pass anything in the Senate.

It was a rough road for Medtronic leads and Seroquel lawsuits in 2009. Regrettably, 2010 does not appear to be much different.

Galveston County Verdict

January 20, 2010, by Ronald V. Miller, Jr.

A Galveston County jury has awarded $1.72 million to man severely injured in an accident at BP America Inc. oil refinery in Texas City. Plaintiff was struck by an oil burner being lifted by a crane operator, suffering severe injuries requiring over a half million dollars in medical bills.

On the job injuries where there is a third party defendant exempt from the protection of the workers compensation statue are often the types of cases where our lawyers can obtain the largest verdicts and settlements for our clients. This is because they often involve big companies and there are no limitations on the amount of insurance coverage at issue because the company either has adequate insurance or has the ability to pay any verdict in excess of the insurance policy.

Recall of Benadryl, Motrin, Tylenol, Etc.

January 19, 2010, by Ronald V. Miller, Jr.

Johnson & Johnson recalled several hundred batches of Benadryl, Motrin, Rolaids, Simply Sleep, St. Joseph Aspirin and Tylenol, among others, due to consumer complaints of a moldy smell upon opening.

Is this recall going to lead to lawsuits? I doubt it, there have been no reports of serious injuries that I am aware of that would lead to a products liability lawsuit. But J&J looks bad in all of this because the recall comes 20 months after complaints began. Should they have to jump on a contaminant that does not appear to cause serious injury in a matter of days? Maybe not. But 20 months later? If nothing else, someone in PR has to either be listened to or fired.

Apparently, chemicals used to treat the wood pallets that transport the products were source of the moldy smell, which would explain why the contamination was across several products.

Tennessee Malpractice Law

January 14, 2010, by Ronald V. Miller, Jr.

Nashville Public Radio (via TortsProf) reports that number of medical malpractice lawsuits in Tennessee has dropped 60% after implementation of new certificate of merit requirements in Tennessee, requiring certification of a contention that is difficult to dispute.

The article quotes a Tennessee state senator named Mark Norris who loves the new law. What does Mr. Norris do? He's a (defense) medical malpractice lawyer. He claims that medical malpractice rates raise for doctors every time a malpractice lawsuit is filed.

Is this true? Why would this be true? Let's say a lawyer files a malpractice case to preserve limitations and never serves the complaint. His malpractice insurer is going to raise his rates as a result? Why, in this case, would we blame malpractice lawyers for the rates going up? Wouldn't the doctor's beef be with his own insane medical malpractice carrier? If they think so many suits are frivolous, why would the mere filing of a claim be a mark on the doctor's record?

Norris also says a drop in premiums for doctors could mean lower billing rates for patients down the line. Hold your breath.

What astounds me is that neither Norris or the author pointed out that lawyers rushed to file before the new law took effect which complete inflates the data. I don't know how the author researched this story and talked to Norris and this fact still never came out. (I learned this from a comment to the TortProf post.)

All of that said, I really don't disagree with the most fundamental premise of the new Tennessee law requiring a doctor to certify before a lawsuit if filed that there is malpractice and resulting injury in the case.

Kentucky Auto Accident Statistics

January 11, 2010, by Ronald V. Miller, Jr.

The Kentucky Injury Lawyer Blog has some interesting statistics on auto accident in Kentucky. Approximately 20% of Kentucky accident happen in Jefferson County.

One thing you have to keep in mind if you are handling a car accident case in Kentucky. The Kentucky statute of limitations is downright draconian.

Inadequate Supervision Settlement

January 5, 2010, by Ronald V. Miller, Jr.

The family of a mentally ill man who fell 20 feet from a hospital window reached a $1.3 million settlement with Pierce County, Wash. The inadequate supervision lawsuit filed by the family alleged that Puget Sound Hospital should have better supervised the victim, who suffered serious and multiple fractures from the fall.

If you have a potential inadequate supervision lawsuit, call 800-553-8082 or get a free online consultation.

How to Sue Your Own Insurance Company: Case Caption

January 4, 2010, by Ronald V. Miller, Jr.

Sample uninsured motorist caption: