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attorneys 414 articles

Gender discrimination lawsuit returns $130K for each of the three female plaintiffs


Gender discrimination in the workplace may seem to be an antiquated subject, but many Americans would be surprised to know how relevant the issue still is today. Last month, three Minnesota women won a gender discrimination case after losing their chauffeur jobs due to a Saudi prince’s demand that he only be chauffeured by males. According to the Insurance Journal, Gretchen Cooper, Barbara Herold and Lisa Boutelle were all awarded $130,000 when U.S. District Judge Joan Ericksen ruled in favor of the three wrongfully discharged women. The damages are broken down into $100,000 each for mental anguish and suffering under ... Read More

Ethicon’s Transvaginal mesh tape next to trial in Philadelphia mass tort

transvaginal mesh

Philadelphia’s mass tort program, trying nearly 180 cases against Johnson and Johnson unit Ethicon Inc. over alleged injuries caused by the unit’s transvaginal mesh, is moving right along. In December a verdict was reached in the first case to go before a jury, finding the company responsible for both negligence in design of the Prolift pelvic mesh product as well as for having failed to adequately warn doctors of the products risks. The plaintiff was awarded $5.5 million in compensation and $7 million in punitive damages. This week a second trial against Ethicon got underway. According to her attorney, Plaintiff Sharon Carolino ... Read More

High court upholds $140 million verdict involving Children’s Motrin injuries


The U.S. Supreme Court denied Johnson & Johnson’s petition to have a $140 million jury verdict reviewed in a failure-to-warn case involving a teenage girl who developed a serious skin reaction blamed on the company’s Children’s Motrin. Johnson & Johnson had argued that claims made by Samantha Reckis and her parents that the over-the-counter painkiller gave her a painful and blistering skin condition should have been preempted by the 2009 Supreme Court decision in Wyeth v. Levine, which found that drug makers cannot be held liable for not including a label that “clear evidence” indicates the FDA would not have ... Read More

Rapid growth of lawsuits in Bair Hugger multidistrict litigation

Bair Hugger

The start of 2016 was met with rapid growth in new multidistrict litigations (MDL) involving claims that Bair Hugger surgical warming blankets, manufactured by 3M Company and its subsidiary Arizant Healthcare, caused serious infections in patients resulting in permanent disability, amputations and death. Bair Huggers are a forced-air warming blanket used primarily to help maintain a patient’s body temperature during surgery. The system pushes warm air through a flexible hose attached to a blanket that is draped over the patient’s body. Research has shown that the blankets can circulate contaminated air over a patient’s body, including the surgical incision site, ... Read More

Patients sue Cook Medical over faulty blood clot device

IVC filter

Six lawsuits have been filed in St. Clare County Circuit Court in Illinois against Cook Medical claiming its filter devices designed to prevent blood clots from reaching the heart and lungs are defective and can cause serious, life threatening injuries and death. The lawsuits were filed by Matt Byrd of Illinois, Laurence Denslow of Florida, Amanda Forsythe of Utah, Ollie Jefferson-Bey of Missouri, Preston Ponder of North Carolina, and Rita Van Straalen of Michigan. The plaintiffs claim Cook knew its IVC filters were dangerous but failed to warn the public. The Cook IVC filters named in the lawsuits include the ... Read More

Lawsuit blames antidepressant Paxil for man’s suicide


U.S. District Judge James B. Zagel declined motions for a summary judgment by the defendant and ruled that a lawsuit blaming drugmaker GlaxoSmithKline (GSK) of manipulating data linking its antidepressant Paxil to suicide should move straight to trial. The lawsuit was filed by Wendy Dolin, widow of Reed Smith LLP attorney Stewart Dolin, who committed suicide shortly after beginning treatment with Mylan Inc.’s generic version of Paxil, known chemically as paroxetine. Mylan is also named in the lawsuit. Dolin claims that GSK attempted to downplay the risks of Paxil in one clinical trial by increasing the number of suicide attempts ... Read More

Judge weighing statute of limitations ruling in litigation over Mirena IUD complications

mirena IUD

A Kentucky woman suing Bayer Healthcare over injuries allegedly caused by the company’s Mirena IUD is asking the New York federal judge overseeing the multidistrict litigation (MDL) not to throw out her lawsuit based exceeding the one-year statute of limitations for personal injuries in her state until the New Jersey Supreme Court rules on the same issue in an Accutane case. The New Jersey high court is currently weighing whether New Jersey law on statute of limitations or the law of a consumer’s state of residence should determine if a claim was filed on time. Amanda Vanhook’s attorneys argued that ... Read More

Lawsuit blames Children’s Tylenol for boy’s death

childrens liquid tylenol

Jonson & Johnson unit McNeil-PPC knew that a raw ingredients were contaminated with bacteria but made a “conscious choice” to use the ingredients in a batch of its Children’s Tylenol, which ultimately led to the death of an 11-year-old boy, claims a lawsuit filed by the boy’s mother. Kindra Robertson filed her original lawsuit against McNeil in 2011 after her son Tyler died of sepsis caused by pneumonia several days after his mother gave him Children’s Tylenol for an on-and-off viral cold. The lawsuit alleges that Tyler’s condition worsened after he was treated with the drug. Robertson later learned that ... Read More

Class action lawsuit claims TVM manufacturers used counterfeit materials


Manufacturers of transvaginal mesh (TVM) have been under intense scrutiny of late. The U.S. Food and Drug Administration (FDA) started out the new year with an order that all current TVM manufacturers have 30 months to submit premarket approval applications for their products, basically reapplying for FDA approval with a strict safety evaluation. There are tens of thousands of lawsuits against the seven manufacturers already underway, alleging the devices cause serious injuries including erosion of the mesh into the vaginal tissue, organ perforation, pain, infection, painful intercourse, and urinary and fecal incontinence. Often women require surgery to remove the mesh. In some ... Read More

Invokana warnings updated to include ketoacidosis risk


The safety label of the type 2 diabetes drug Invokana (canagliflozin) and others in its class have been updated to include a new warning for ketoacidosis, a serious life-threatening condition in which too much acid builds up in the blood causing complications such as difficulty breathing, nausea and vomiting, abdominal pain, confusion, unusual fatigue, diabetic coma and death. Invokana was approved by the Food and Drug Administration (FDA) in March 2013, becoming the first SGLT2 inhibitor to hit the market. It is manufactured by Johnson & Johnson subsidiary Janssen Pharmaceuticals. In May, the FDA ordered makers of SGLT2 inhibitors to ... Read More