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attorneys 474 articles

Pennsylvania Farmers Sue Insurer In Wake of Gas Explosion

explosion

A  Southwest Pennsylvania couple whose cattle farm was partially destroyed by a natural gas explosion likely caused by corroded underground pipes are suing their insurance company in federal court, alleging it is holding out on paying them their full policy limit until it gets paid by pipeline owner and utility Spectra Energy Corp. Randy and Wendy Gillis, whose family-owned farm has produced crops and pastured cows for nearly a century, sued State Automobile Mutual Insurance Co. of Columbus, Ohio, alleging the insurer is compounding the suffering they’ve already experienced in the aftermath of the April 29 blast. The gas explosion ... Read More

Influential closing arguments from talc trial reveal case for ovarian cancer link

talc ovarian cancer

With new talc trials on the horizon, with two having been scheduled for September according to Law360, Courtroom Connect’s CVN brings a clip from this May’s talc trial out of the video vault. “It was a closing argument that swayed jurors on the purported dangers of talc, and opened the door to a $55 million verdict in a trial that will likely influence years of coming litigation,” the CVN broadcast reported. CVN focuses on the closing arguments of plaintiff’s attorney Allen Smith who had to convince jurors that a product they’d known and trusted their entire lives, Johnson’s Baby Powder, “can ... Read More

OSHA Tests New Method Of Reviewing, Processing Whistleblower Complaints

whistleblower retaliation

The U.S. Department of Labor said this week it is launching a pilot process in its Western region called the “Expedited Case Processing Pilot,” which enables a whistleblower complainant protected by certain statutes to ask the Occupational Safety and Health Administration (OSHA) to cease its investigation and hand over its findings for the department’s Office of Administrative Law Judges to consider. The move is possible only if the case meets certain criteria, but administrative law judges may order the same remedies as OSHA would, including back pay, compensatory damages, punitive damages, attorneys’ fees, and job reinstatement. In announcing the new ... Read More

Study finds prevalence of diabetic kidney disease hasn’t risen when chronic kidney disease has

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A study published last week in JAMA found that among U.S. adults with diabetes from 1988 to 2014, the overall prevalence of diabetic kidney disease did not change significantly. Researchers found that during that time period the prevalence of albuminuria declined. Albuminuria, the presence of albumin in the urine, is a first sign of diabetic kidney disease. However, the prevalence of reduced estimated glomerular filtration rate (eGFR) increased. This is a test that assesses kidney function, and reduced eGFR indicates reduced or impaired kidney function. In fact, according to the National Institute of Diabetes and Digestive and Kidney Diseases, during a ... Read More

Shire Pharmaceuticals, U.S. Near $350-Million Deal To Settle False Claims Act Lawsuit

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Shire Pharmaceuticals told investors it is nearing an agreement with the U.S. government to settle a False Claims Act lawsuit over alleged violations involving its Dermagraft sales and marketing. If finalized and approved, the tentative agreement would require the Massachusetts-based biotech firm to pay the U.S. and participating states at least $350 million. Federal officials have been investigating claims that Shire cheated the Medicaid program with its sales and marketing campaigns for Dermagraft, a mesh tissue containing human neonatal fibroblast cells that regenerates skin when applied to open wounds and burn injuries. Dermagraft became a Shire product when Shire acquired ... Read More

Johnson and Johnson can’t escape the talc truth!

talc-truth

Johnson and Johnson is attempting for the second time to have a talc trial moved away from St. Louis and into a different court in the hopes that the next jury might not find in favor of the plaintiffs, Law360 reports. Johnson and Johnson claims that the number of talcum powder litigation ads broadcast in the St. Louis area will deprive them of a fair trial. The company filed in July to have the next talc trial take place 100 miles away from St. Louis. After the first jury trial in St. Louis, in February, in which the jury dealt ... Read More

Lawyer: More large verdicts in Risperdal side effects cases expected

risperdal

Last month’s landmark $70 million verdict awarded to a Tennessee boy who claimed he was disfigured by the antipsychotic Risperdal is only the tip of the iceberg, and Johnson & Johnson and Janssen Pharmaceuticals should expect to see more large verdicts in the future, attorneys for the plaintiff said. Andrew Yount and his family sued the drug companies, claiming Yount started taking the drug in 2003 at the age of 5 to treat a severe psychiatric condition. A year later, he was diagnosed with gynecomastia, a condition in which boys grow female breasts. Yount alleged he suffered emotional pain from ... Read More

Whistleblower’s FCA Lawsuit Against Atrium Medical Leads To $11.5 Million Recovery

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A whistleblower who accused medical device manufacturer Atrium Medical Corp. of providing kickbacks to doctors for recommending its stents for unapproved uses, then billing Medicare and other government health care programs for those procedures, has helped the U.S. government recover $11.5 million. The whistleblower, a former Atrium sales representative and territory business manager from 2007 to 2012, sued her former employer in a Texas federal court under the federal False Claims Act, which authorizes private parties to file suit on behalf of the U.S. government in cases of suspected fraud targeting U.S. agencies and programs. The U.S. investigated the whistleblower’s ... Read More

Risperdal makers ask judge to reduce $70 million in gynecomastia risk lawsuit

risperdal

Johnson & Johnson and its subsidiary Janssen Pharmaceuticals told a Pennsylvania state judge that the pain and mental anguish a Tennessee man suffered from alleged disfigurement caused by the company’s antipsychotic drug Risperdal did not warrant the $70 million verdict the jury had awarded the man. The consumer health and pharmaceutical giant told the judge that improper and irrelevant evidence was presented to the jury during the trial and that its attorneys were prevented from mounting a strong defense. Andrew Yount and his family filed the lawsuit in April 2013 claiming the boy began taking Risperdal in 2003 at the ... Read More

Women allegedly injured by Essure contraceptive request new MDL

Essure

Attorneys representing more than 1,000 women who claim they have been injured by the permanent birth control device Essure have asked a federal judicial panel to create a new multidistrict litigation (MDL) targeting the contraceptive’s manufacturer, Bayer. The motion, filed last week with the U.S. Judicial Panel on Multidistrict Litigation, seeks to consolidate before U.S. District Judge Gerald McHugh in the Eastern District of Pennsylvania 30 Essure lawsuits that have been filed on behalf of more than 1,000 patients. McHugh is currently overseeing three lawsuits involving Bayer’s Essure. Essure was approved by the Food and Drug Administration (FDA) in 2002 ... Read More