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Florida man not bound by nursing home’s binding arbitration in neglect case

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Residents of Florida nursing homes who lack the capacity of sign contracts cannot be held accountable to them, including binding arbitration clauses in nursing home new resident contracts, the Florida Supreme Court has ruled. Juan Mendez Sr. and his son, Juan Mendez Jr., sued Miami-based Hampton Court Nursing Center, alleging Mr. Mendez Sr. had suffered neglect under their care. The lawsuit claimed that while living at the facility, the elder Mendez had developed an eye infection which later led to the removal of his left eye. Before the matter could be discussed between the two parties, the nursing home invoked ... Read More

Hospice Provider Settles Whistleblower Suit alleging It Paid For Patient Referrals

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Vitas Healthcare Corporation Midwest, part of a national hospice care provider, and related companies agreed to pay the U.S. $200,000 to resolve allegations it violated the False Claims Act and Anti-Kickback Statute by paying a convicted cancer doctor for patient referrals. According to U.S. Attorney Barbara L. McQuade, whose office prosecuted the case alongside the Department of Health and Human Services, Eastern District of Michigan, Vitas paid Swan For Life Cancer Foundation, a charity established by Dr. Farid Fata, several thousand dollars in exchange for patient referrals. Dr. Fata, the former owner of Michigan Hematology and Oncology, is serving a ... Read More

Beasley Allen attorney selected to serve as co-lead counsel in talc MDL

talc ovarian cancer

In October federal lawsuits that had been filed across the country alleging injuries related to talc were consolidated into a multidistrict litigation (MDL) in New Jersey federal court under Judge Freda L. Wolfson. New Jersey was chosen because it is the headquarters of the primary defendant, Johnson and Johnson, and Judge Wolfson was chosen because she is already handling the most advanced case in the MDL, said Law360. In only a few months, the MDL has grown from the 11 lawsuits reported by the New Jersey Law Journal the first week of October to more than 70 plaintiffs in the ... Read More

Attorneys work to get talc cases tried for terminal plaintiffs

talc ovarian cancer

The Northern California Record reports on some reasons why plaintiff’s attorneys in talc cases against Johnson and Johnson and Imerys Talc America Inc. are choosing California for filing lawsuits on behalf of women who have allegedly developed ovarian cancer due to their years of use of Johnson and Johnson’s talc products for feminine hygiene. When representing women who are suffering from an often fatal disease, many with only months left to live, plaintiffs’ attorneys have unique concerns. California’s Judicial Council Coordinated Proceedings (JCCP), overseen by Judge Elihu Berle, manages thousands of products liability and personal injury claims. James B. Matthews ... Read More

Opening arguments begin in sixth Risperdal side effects trial

risperdal

Opening arguments in Tommy Moroni’s lawsuit against pharmaceutical giant Johnson & Johnson and its subsidiary Janssen Pharmaceuticals over claims that the companies’ antipsychotic Risperdal disfigured his body, opened with a picture of Moroni’s swollen female-like breasts, a condition called gynecomastia. Moroni claims he began taking Risperdal in 2004 when he was 7 and undergoing psychiatric treatment. He took the medication for four years and, in 2010, was diagnosed with gynecomastia. Moroni’s lawsuit claims that his doctor prescribed the drug – which was not approved for treating children at that time – after the doctor attended a Janssen event at a ... Read More

Lawsuits filed over injuries allegedly caused by Ethicon’s Physiomesh for hernia repair

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A Florida woman is suing Johnson & Johnson’s Ethicon alleging the company’s Physiomesh device implanted in her during hernia repair embedded into her abdominal wall, blocked her intestines and caused her chronic pain. Her lawsuit comes just five months after an Illinois man filed a similar lawsuit over Ethicon’s Physiomesh alleging the device caused him to develop an infection, two abscesses and an intestinal fistula. Physiomesh is a fibrous plastic device that is intended for hernia repair. It is made from polypropylene, the same product used in Ethicon’s controversial transvaginal mesh, which has been the subject of hundreds of lawsuits ... Read More

AbbVie asks judge to toss bellwether case in testosterone side effects MDL

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Drug maker AbbVie Inc. asked a federal judge to toss a lawsuit alleging the company’s testosterone replacement therapy AndroGel causes injuries, arguing the plaintiff withheld information about his condition until after the discovery process was completed. AbbVie told U.S. District Judge Matthew Kennelly in Chicago that Froylan Garcia’s claim was no longer valid because his attorney did not find an expert witness to back up his claims that AndroGel caused him to develop a blood clot in 2013. Garcia’s case was one of eight selected by Judge Kennelly to serve as bellwether trials in a multidistrict litigation (MDL) of more than 5,500 ... Read More

Johnson & Johnson, DePuy Slapped with $1 billion Verdict in Metal-on-Metal Hip Implant Trial

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In a two-month trial that ended on November 30th, the jury has found Johnson & Johnson and its subsidiary, DePuy Orthopaedics, liable for more than $1.04 billion due to their hip implant systems that shed metal debris. The six-plaintiff bellwether trial verdict comes mere months after a jury ruled in favor of plaintiffs in a $500 million verdict, which was ultimately reduced to $150 million under a Texas legal punitive damages cap. This time, however, the trial is under California law, not subject to the same cap. Jurors deliberated for less than a day before finding J&J and DePuy liable for negligent design ... Read More

Drunk Truck Driver Barred From Commercial Driving After Vermont Crash

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The Federal Motor Carrier Safety Administration (FMCSA) said it has declared a commercially licensed truck driver from Connecticut to be an “imminent hazard to public safety” and ordered him to immediately cease driving any commercial vehicles. The FMCSA said it issued the order to Allen R. Johnson, Sr., on Nov. 8, less than a week after he was involved in a single-vehicle crash. According to the agency, Mr. Johnson, who holds a Connecticut commercial driver’s license, was traveling along Interstate 89 in Vermont on Nov. 2 when he lost control of his tractor-trailer and flipped. No other vehicles were involved ... Read More

J&J may face talc lawsuits overseas related to its products’ link to ovarian cancer

talc ovarian cancer

Chemical Watch reports that Johnson and Johnson faces potential European talc-cancer cases. European plaintiffs are paying close attention to the Johnson and Johnson talc trials happening in America. This year three Missouri juries determined that the company’s talc products contributed to the development of two women’s ovarian cancer and one ovarian cancer death. They were presented with evidence of the science that has been linking talc to ovarian cancer since 1982, as well as evidence that the defendants have long been aware of the numerous studies finding this association. The juries awarded the victims and their families a total of ... Read More