The Centers for Disease Control and Prevention (CDC) has warned about an outbreak of fungal meningitis that affects several states, including Maryland. Meningitis is a serious and potentially fatal infection near the brain and spinal cord that can cause brain damage or death. Anyone at risk should get to the…
Articles Posted in Products Liability
Tylenol/Acetaminophen Lawsuits
If you have a pulse, you are familiar with Johnson & Johnson’s pain reliever, Tylenol. I’ll bet you anything if Tylenol was a person, it would be one of the 20 most recognizable people in the world. I project Tylenol just above Lady Gaga and just below Bill Clinton. Johnson…
DePuy Hip Implant Claim Update: August 13, 2012
There are thousands of DePuy ASR hip replacement lawsuits, most of them alleging pain and defects that frequently require a revision hip surgery and implantation of a safer device (something that is not a metal-on-metal hip implant). Speaking frankly, I think most plaintiffs’ lawyers consider these DePuy cases to have…
Defective Stryker Metal-on-Metal Hip Implant Recall
Finally, Stryker Recalls Defective Hip Implants In a somewhat tight-lipped press release and website page, Stryker Orthopaedics notes that it is voluntarily recalling two components of its metal-on-metal hip implant devices. The hip implant recall, according to Stryker, is based on post-market surveillance, which means that there have been a lot…
Johnson & Johnson/DePuy Hip Implant Recalls: Lawsuit Update
Patients with DePuy ASR hip implants, recalled in 2010, are making their way to trial. DePuy is a subsidiary of Johnson & Johnson, and they are defendants in a type of class action known as multidistrict litigation (MDL). There are over 6,000 lawsuits, about 4,000 in a federal Ohio court,…
Risk/Utility in Strict Liability Design Defect Claims
The Pennsylvania Supreme Court stuck down a $5 million verdict in an Ethicon endocutter design defect case last week, finding that the trial court was not restricted to considering only one use of the device and that it correctly applied a risk-utility analysis. The case talks about product liability risk-utility…
Confidential Settlements
Pat Malone writes a guest blog on Don Keenan’s Trial Blog arguing that confidential settlements undermine public safety and justice. 2013 Update: the link is now broken, but this post is still worth reading. His point is that confidential settlements make it harder for future plaintiffs to get evidence and…
Zimmer Knee Replacement Problems
In the United States alone, approximately 581,000 knee replacement surgeries are performed each year. Getting a knee replacement is a big deal: if you need a replacement, you have really run out of options with the knee problems that you are having. So knee replacement surgery is the last line…
Zocor Lawsuits
The history of “bad cholesterol” has had a checkered past. Bayer’s cholesterol-reducing blockbuster Baycol allegedly caused over 100 deaths. Bayer paid over $1 billion to settle the Baycol cases. Now come Crestor and Zocor, two more widely prescribed prescription-strength drugs designed to lower “bad cholesterol”. Both drugs allegedly cause serious…
Medicare Liens: New and Better Law?
Almost two years ago now, Medicaid/Medicare liens became even more difficult to deal with as the law pushed to the lawyers and insurance companies the obligation of confirmation and resolution of Medicare/Medicaid liens. I’m sure betting an insurance company has yet to receive a fine for not verifying a lien…