United States of America

courtroomSome 3T heater-cooler devices manufactured by LivaNova, PLC may have caused dangerous and deadly Nontuberculous Mycobacteria (NTM) infections in many patients. 3T heater-cooler devices are used in cardiothoracic surgeries, which usually involve the heart, lungs, or esophagus. The common nature of these surgeries means that more than 500,000 patients may have a cause for concern.

As a result, a 3-T Heater-Cooler class action lawsuit has been filed.  Our law firm is talking to potential victims about joining the class action lawsuit (technically an MDL).

What Is Going On?

Just for Men pitchmen like Keith Hernandez may promise we will “Go from Grey to Great” but some are finding an unpleasant catch to the inexpensive hair and beard dye. Specifically, customers are complaining of painful reactions after using the product to clean up their patches of grey.

Just for Men’s manufacturer, Combe Incorporated hasn’t issued a recall of any of their hair dye products and most negative reactions to the products are usually temporary. But for many middle-aged men hoping to hold onto that youthful look a little longer, Just for Men’s potential for skin irritation and other issues may do more to harm than help.

Consumer Complaints Old and New

New York City
Jury Verdict Research’s recent study finds that the compensatory median award for personal injury trials in New York is $287,628, dwarfing nationwide median is $34,550.

New York has favorable juries, particularly in its urban areas. But the reality is that this number is distorted by the lack of smaller and midsized car accident lawsuits. Under New York’s no-fault law, an insurance company is required to pay drivers, passengers, and pedestrians up to $50,000.00 for their legitimate economic and medical losses but does not provide for pain and suffering. Only permanent injuries cases can recover more than $50,000. This leads to fewer lawsuits in smaller cases – of which there are many – which increases the overall award in New York.

Parents of newborns are quick to ask whether something happening during the birth process that caused harm to their child. Sometimes, there are signs that are a reasonable cause for concern. Of course, there are also instances where we fear for our children without a lot of foundation.

Ground Zero for Concern

The most reasonable cause of concern for parents of a newborn with a birth injury is if they were told that their child suffered a loss of oxygen. Birth injury cases have a lot of different fact patterns. But, the most common thread is oxygen deprivation during the birthing process. If you are told that your child was deprived of oxygen for any significant period of time, there is a reason to fear a birth injury that could impact your child. Still, it does not mean that your child suffered any injury.


Mirena Lawsuits Gearing Up for Trial

There is a lot of confusion out there about Mirena lawsuits.  Women are confused that there are so many lawyers in 2018 looking for Mirena cases yet they cannot find a lawyer.  If you are frustrated, I completely understand.  Let me try to explain because there are not a lot of good explanations out there.

When these lawsuits began, plaintiffs’ lawyers filed thousands of Mirena lawsuits.  The focus in the litigation was:

  1. What Bayer HealthCare Pharmaceuticals knew about the risks associated with IUDs in general and, specifically, with Mirena?
  2. Why didn’t the company do a better job of communicating the risks of uterine perforation and migration?
  3. What Bayer tried to do to make its IUD as safe as possible?
  4. Were profits the motive to avoid making the warning clearer?

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A Philadelphia jury crushed Bayer and Johnson and Johnson earlier this month with a $27.8 million verdict.  The jury awarded $1.8 million in compensatory damages and $26 million in punitive damages.

The punitive damage award is key because Bayer had to be thinking they could win these cases after winning three in a row in federal court.  This resounding victory changes the game.

While $28 million is chump change to these companies.  But these cases could be worth billions.  This gets the attention of corporate.  The value the Xarelto is a big question mark on their balance sheets right now. Moreover, the fear of loss of revenue from these drugs.  Meaningful settlement talks a global class action settlement may not be far away.

The state of New York agreed on Friday to settle a lawsuit filed by former heavyweight boxer Magomed Abdusalamov for $22 million.  It is thought to be the largest amount ever paid by the state of New York in a settlement.

gavel-300x199Facts in Abdusalamov

Abdusalamov, now 33, fought at Madson Square Garden.  He lost the fight but was not knocked out.  He was evaluated by a New York State Athletic Commission (NYSAC) doctor after the fight.  Instead of sending him to the hospital after showing symptoms consistent with an acute blood clot in his brain, they released him. He took a cab later to the hospital himself.  The ER doctors immediately diagnosed his blood clot and he had immediate surgery.

Jury Verdict Research found that the average money damage award for personal injury trials in California is $1,814,094. The median verdict, perhaps a better statistic, is $114,305. Other interesting facts from the study:

  • The median verdict in a wrongful death case is $2,212,936, compared to the national average of $1,450,000
  • Approximately 17% of the verdicts in California were back and neck strains. They pull the median and average verdicts down. The median back and neck strain verdict was $10,885

Cervical cancer is one of the most common cancers among women throughout the world. In the United States, it is estimated that approximately 75% of women will contract human Papillomavirus (“HPV”) infection, a sexually transmitted virus that causes cervical cancer. Carcinoma of the cervix is one of the most common malignancies in women.  It accounts for 5,000 deaths in the United States each year.

concerned-girl-300x200Cervical cancer begins in the cervix, which is at the bottom of the uterus. The cervix connects the body of the uterus to the vagina. The part of the cervix closest to the body of the uterus is called the endocervix. The part next to the vagina is the exocervix (or ectocervix). The 2 main types of cells covering the cervix are squamous cells (on the exocervix) and glandular cells (on the endocervix). The place these 2 cell types meet is called the transformation zone. The transformation zone is the area located in the cervix where precancerous and cancerous changes are most likely to occur.

There are two main types of cells covering the cervix: flat, scale-like squamous cells (on the exocervix) and rectangular columnar glandular cells (on the endocervix).  These cell type meet in what is called the transformation zone. Most cervical cancers begin in the cells lining the cervix in this transformation zone.  Initially, precancerous lesions are confined above the basement membrane of the surface of the cervix.  But if they progress, these cells can migrate to healthy cervical tissue as invasive carcinoma.

In 2000, Bayer Healthcare introduced the Mirena IUD, which is a flexible T-shaped RUD implant that is placed in the uterus for up to five years as a form of birth control.   It has been a relatively effective birth control device. It is even more effective in preventing pregnancy than even female sterilization.  But while effective for its intended purpose, a lot of problems have been reported with the Mirena IUD.  Since 2004, the FDA has received over 77,000 adverse event reports relating to Mirena.

Mirena IUD’s have been linked to shutterstock_130064462-229x300perforating uteri, and the IUD’s have been known to move out of position on occasion, causing internal injuries, with over 4,000 lawsuits pending from women.  The reality is these cases have either failing or have already failed.  It is unfair but our justice system is not always fair. Recently, however, a new type of lawsuit has started to arise regarding Mirena IUD’s and Bayer Healthcare Pharmaceuticals.

Pseudotumor Cerebri(PTC)

PTC is called many different things: idiopathic intracranial hypertension, pseudotumor cerebri, benign intracranial hypertension are the most common.  This serious condition is characterized by a buildup of fluid pressure on the brain. This fluid buildup results in severe headaches, vision loss, and possibly other problems.

PTC is most commonly in obese females of reproductive age.  The biggest symptom of PTC is papilledema.  Early symptoms include headaches and visual disturbances. Patients with these symptoms, particularly obese patients or those with recent weight gain, should be screened for papilledema and, if present, the patient should be referred to a neurologist for further diagnosis and care.  Continue reading