Articles Posted in Featured Lawsuits

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humirajudgeopinionFiling for St. Jude Riata defibrillator lead lawsuits is alive after a critical ruling by U.S. District Court Judge James V. Selna.

The background of this motion was ominous for plaintiffs.  The court had previously kept their claims alive by a shoestring and struck many of the key “failure to warn” claims that were made in the lawsuits.   Plaintiffs received an opportunity to cure the defects in the Complaint which they, thankfully, did.

Judge Selna denied a motion to dismiss that was filed in multiple product liability lawsuits filed on behalf of individuals who experienced problems from the leads. These suits allege the manufacturer improperly designed and sold a defective product. Although St. Jude attorneys maintained that the product was FDA approved, Judge Selna determined the allegations were based on violation of FDA regulations.

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lipitor, lawsuits and profits

Lipitor Statute of Limitations

If you took Lipitor and developed diabetes, you could be facing a deadline (or what is known as a statute of limitations) to file a product liability claim against Pfizer.

What am I talking about?  Different states have different rules for how long the statute of limitations is and different rules for what triggers the running of the statute.  For some states that have a two year SOL, it is possible that limitations could be found to run in February which is the two year anniversary of Pfizer putting a strong diabetes warning on its it product in February, 2012.

No one knows how the SOL issues will flush out in any case.  But the take home message is clear:  if you are sitting home wondering whether to file a claim, the clock is ticking on your claim (and it could have already struck midnight).  The best way to be safe is to call a lawyer immediately and let them investigate what the deadline is for bringing your claim. Continue reading →

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simply thickSimplyThick, LLC is facing over 20 different lawsuits from parents of children who have experienced serious injuries or death from the food thickening agent. These lawsuits claim that the infants were severely ill and/or died after experiencing necrotizing enterocolitis (NEC). Continue reading →

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infuseA Missouri federal district court judge has ordered a Medtronic bone graft lawsuit back to state court.

The case stems from an off-label spinal fusion procedure. Plaintiff sued Medtronic and his surgeon claiming that Infuse bone graft was used in a manner that had not been approved by the U.S. Food and Drug Administration, and was therefore an unauthorized off-label use.

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metalonmetalApproximately five days prior to trial, and one day after a judge denied Defendants’ attempt to dismiss, a settlement was reached in a pending Wright Profemur lawsuit.  This is one of at least two Wright Profemur hip settlements that have been reached just before trial.   The terms of the settlement were not disclosed.

I don’t know what they are, either.  But let me tell you how much I think this case settled for: more than the market value for the claim.  Why?  Because the attorneys handling these case for Wright are pretty smart.  They know full well the best way for the settlement value of these cases to get completely out of hand is to let plaintiffs start seeing jury verdicts.  Right now, Wright can pretend that they are someone situated different than DePuy.   Everyone who is in these cases – on both sides – knows the real score.  But the last thing Wright needs at this point is a big verdict to get plaintiffs’ expectations soaring through the roof.
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Boehringer Ingelheim hit with a million dollar fine

As the result of litigation wrongdoings a federal judge called egregious, Pradaxa manufacturer, Boehringer Ingelheim, was hit with a fine in the amount of $931,500, approximately $500 per case.  Let me tell you: this does not happen every day.  This is a harsh sanction and it underscores that this company is either negligently or intentionally failing its discovery obligations.  Will this benefit Boehringer Ingelheim more than the measly, in the general scheme of things, million bucks?  It might.

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humira federal courtMany product liability cases have a medical malpractice component to them. Certainly, in the mass tort world, the da Vinci robotic surgery claims come to mind.  In those cases, patients often blame the manufacturer of the robot and the doctor who performed the operation.  The question in these cases is whether jurisdiction for the claim is in state court or federal court, assuming the plaintiff prefers state court as we often do.

In Larson v. Abbott Laboratories, a new federal court decision in Baltimore, Maryland, the plaintiff, who was an HIV positive space engineer, alleged that the prescription drug Humira caused him an infection that left him with permanent brain damage.  So we have real stakes for everyone.  A big selling pharmaceutical drug – with billions of dollars in sales a year – that is on the verge of being the subject of a big time mass tort and a plaintiff who has a brain injury which could lead to a very large jury award.  So the stakes are high.  (The Humira claims are rarely involving HIV patients and infections, to be clear.  But the point is a large verdict and Humira is going to set off the Pavlovian dogs.)

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davinci-robot

Da Vinci Recall

Add one more issue to the mounting problems that Intuitive Surgical is facing with its da Vinci Surgical Robot.  The FDA has announced that the mechanical arms on some of the da Vinci robots could stall during robotic surgery, resulting in short-term or medically reversible health problems, or even serious injury.  The recall affects 1,386 Patient Side Manipulators on da Vinci S, Si and Si-e Surgical Systems.

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onfi

Onfi Linked to Cases of SJS and TEN

The FDA announced yesterday that Onfi (clobazam), an anti-seizure drug, can cause rare but serious skin reactions that can result in permanent harm and death.  Two such skin reactions are Stevens-Johnson Syndrome (SJS) and Toxic Epidural Necrolysis (TEN).  The FDA has identified 20 cases of SJS/TEN associated with the medication and at least five children have been seriously injured by this product.

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