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attorneys 443 articles

Settlement reached in da Vinci robot lawsuit

whistleblower-4

Intuitive Surgical Inc., has reached a settlement agreement in a $30 million lawsuit filed by a woman who claimed the company’s medical robot called the da Vinci robot, used to assist with her hysterectomy procedure tore a hole in her vaginal wall, causing her bowels to fall out of her body. The terms of the settlement were not disclosed, but plaintiff Michelle Zarick was seeking more than $43,000 in medical expenses, $5 million to $10 million in past pain and suffering, and $10 million to $20 million for future pain and suffering. Zarick had requested $300 million in pretrial hearings. The ... Read More

Snooki and diet pill maker face false advertising claims

Snooki

Jersey Shore star Nicole “Snooki” Polizzi and the little-known diet pill maker that hired her as a spokesperson are fighting to have a judge dismiss a false advertising lawsuit that alleges the weight loss product is not safe or effective. Putative class action lawsuits were filed in December 2013 by Ashley Brady and Stephanie Dalli Cardillo, who claimed that they were deceived by Polizzi to buy Zantrex weight loss products, including Zantrex-3 high-energy fat burner and Zantrax-2 power crystals, but the products did not suppress their appetites or help them lose weight. Their lawsuit names Polizzi, Utah-based dietary supplement maker Basic ... Read More

Spokeswoman for 3M Says Lawsuits Against Bair Hugger are Due to “Bad Science”

Bair Hugger

3M, the maker of the Bair Hugger device used during surgeries to keep patients’ temperatures regulated, claims that the lawsuits against it regarding infection linked to the single-use blankets are based on “bad science.” In an article by Star Tribune, 3M spokeswoman Donna Fleming Runyon said, “3M will vigorously defend the product and the science against these unwarranted lawsuits.” She also added, “We think it’s unfortunate that the plaintiffs’ attorneys are using bad science to blame their clients’ infections on a device that has helped so many people.” The Bair Hugger forced-air warming blanket is used in four out of five hospitals ... Read More

J&J Talc trial getting underway this week is being watched intently

talc ovarian cancer

Courtroom View Network (CVN) has announced that it will begin webcasting plaintiff Gloria Ristesund’s talc trial against Johnson & Johnson that began this Monday in Missouri as soon as opening statements begin, which should be later this week. This trial is being watched intently, as just two months ago in the same St. Louis court a jury found the world’s leading pharmaceutical company guilty of negligence, conspiracy and fraud and awarded the family of Jacqueline Fox $62 million in punitive damages and $10 million in compensatory damages. Ms. Fox died of ovarian cancer just a few months before her trial began and ... Read More

GM Settles Third Ignition Switch Bellwether Case Ahead of Trial

GM recall

General Motors (GM) has settled the third of six lawsuits picked to be tried as bellwether cases for deaths and injuries stemming from its defective ignition switches, which put millions of its vehicles at risk of suddenly losing power and crashing without airbag protection. GM’s lawyers filed a letter in federal court in Manhattan Thursday saying it had entered into a confidential settlement with plaintiff Nadia Yingling, who sued the automaker in 2013 after her husband James was killed when his 2006 Saturn Ion lost power and crashed on a Pennsylvania highway. Ms. Yingling’s case had been set to go ... Read More

Experts wonder why Johnson & Johnson refused to abandon talc in Baby Powder

talc ovarian cancer

It isn’t a new thing for Johnson & Johnson to continue to espouse the safety of chemicals that have become so questionable the company removed them from its products  – things like formaldehyde, parabens, phthalates, and triclosan. “In every case, J&J states that the chemicals haven’t been proven harmful or that they were used in small enough amounts to be safe, but the company decided to remove them from its products anyway,” a recent article published by Bloomberg reports. The article quotes Johnson and Johnson’s website: “For phthalates, the company says it recognizes that ‘the best way to keep your confidence was not to ... Read More

FDA notifies public, Boston Scientific may have used counterfeit raw materials in surgical mesh

transvaginal mesh

The Food and Drug Administration wants health care professionals and patients to be aware that they are in the process of investigating allegations that Boston Scientific used counterfeit raw materials in its urogynecologic surgical mesh products. Additional testing is being done to determine if the mesh manufactured using the raw materials that have come under recent allegations is equivalent to the mesh originally approved by the FDA. The tests will also address the safety and effectiveness of the final product. The FDA anticipates these tests lasting several months and it will update its webpage with new information as it becomes available. It ... Read More

U.S. Forms Ten Regional Task Forces To Tackle Elder Abuse

woman in hospital bed

The U.S. Justice Department announced the launch of 10 regional Elder Justice Task Forces that will combine the resources and efforts of federal, state, and local prosecutors with law enforcement agencies and providers of services to the elderly to better pursue elder abuse in nursing homes that provide “grossly substandard care” to their residents. The newly launched Elder Justice Task Forces will include representatives from the U.S. Attorneys’ Offices, state Medicaid Fraud Control Units, state and local prosecutors’ offices, the Department of Health and Human Services (HHS), state Adult Protective Services agencies, Long-Term Care Ombudsman programs, and law enforcement. The task forces ... Read More

‘Independent’ reanalysis of study funded by Risperdal makers

risperdal

Findings of a medical paper that understated claims regarding side effects with the antipsychotic Risperdal – specifically that the medication can cause adolescent boys to grow breasts – were upheld by a so-called independent reanalysis, which was later found to have been funded by the manufacturers of the drug. During a Risperdal side effects trial against Johnson & Johnson and its subsidiary Janssen Pharmaceuticals last year, after which a jury found in favor of the plaintiff, attorneys found internal records that showed Janssen had spearheaded the study, even instructing researchers to “refute the results” of the controversial findings. Risperdal, known ... Read More

Zimmer settles Durom Cup hip implant litigation

metal on metal hip parts

As of  Feb. 11, Zimmer Biomet Holdings Inc. has settled most of its litigation for Durom Cup hip implants, which includes about 400 lawsuits alleging that its metal hip implant device loosens, resulting in pain, injury and additional surgeries. The Zimmer settlement is part of litigation surrounding metal-on-metal hip implants involving numerous manufacturers. Many of the metal-on-metal hip implants being investigated in this litigation have been found to fail within as little as five years. Many patients have had to undergo revision surgery to remove and replace their defective metal hip implant. These surgeries are typically more invasive and require longer recovery than ... Read More