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Hip implant jury won’t hear witness tampering claims

U.S. District Judge Ed Kinkeade refused to allow jurors in a trial over alleged defective hip implants manufactured by Johnson & Johnson’s DePuy Orthopaedics to hear testimony related to alleged witness tampering involving communication between a DePuy attorney and a company pharmaceutical sales representative. The ruling comes after an investigation by the FBI and the U.S. Attorney’s Office into allegations that DePuy sales representative Glenn Swajger influenced David Shein, a surgeon who had treated three of the six plaintiffs, when the two conversed just days before Shein was to testify for the plaintiffs. Swajger agreed to be questioned by the ... Read More

Alabama Jury Awards Army Vet $7.5 Million For Walmart Injury

Walmart representatives say the retail giant intends to appeal a $7.5 million jury award to an Alabama man whose foot became stuck in a wooden pallet at a Phenix City Walmart store, causing him to shatter his foot and hip. Henry Walker, a 59-year-old Army veteran, sued Walmart after the accident, claiming it robbed him of his ability to participate in and enjoy everyday activities. On June 25, 2015, Mr. Walker was getting a watermelon from a bin at Walmart when his foot became trapped in the pallet below. Not realizing his foot was in between the slats of the ... Read More

Air Evac Lifeteam Helicopter Crashes, 3 Injured

An Air Evac Lifeteam helicopter crashed during a non-medical flight Wednesday in a residential area in Union City, Tennessee, the Associated Press reports. Three crew members, including the pilot, flight nurse and a paramedic, were taken to a nearby hospital where they were treated for minor injuries and released. According to the Jackson Sun, no houses were damaged and no other injuries were reported. The location of the crash is approximately 100 miles northeast of Memphis. The helicopter was part of Air Evac 143, which is based in Troy, Tennessee. The crew was flying to the 911 Dispatch Center in ... Read More

Takata Airbag Class Settlements Get Final Approval

A $741-million settlement resolving consumer class actions against BMW, Mazda, Subaru, and Toyota for dangerously defective Takata airbag the automakers used in their vehicles has been granted final approval. U.S. District Court Judge Federico A. Moreno in Florida approved the settlements on Nov. 1. The four automakers are the first to exit sweeping multidistrict litigation (MDL) over consumer economic-loss claims stemming from Takata airbags, which prompted the largest auto safety recall in U.S. history. The settlements were initially announced in May, with Toyota agreeing to pay $278.5 million. BMW of North America agreed to pay $131 million to resolve the ... Read More

Witness tampering investigated in hip implant trial

A Texas federal judge asked two FBI agents and a federal prosecutor to interview witnesses about possible tampering in a bellwether trial involving Johnson & Johnson’s DePuy Orthopaedics’ hip implants. The request was made after a plaintiffs’ attorney accused the pharmaceutical company’s attorneys of indirectly pressuring a doctor for the plaintiffs. “This is a serious matter that requires – you know – serious treatment and has serious ramifications,” said U.S. District Judge Ed Kinkeade of the Northern District of Texas during the hearing, adding he wouldn’t jump to conclusions but, “it is certainly disturbing and disconcerting to me.” The issue ... Read More

More questions about the safety of J&J’s talc

In the largest Missouri talc ovarian cancer verdict, Lois Slemp was awarded $110 million by jurors who found Johnson and Johnson and its talc supplier Imerys Talc America Inc. responsible for her ovarian cancer. There have so far been seven completed talc trials in three states, with six plaintiff wins and damages of $724 million. All of these have alleged that talc particles when used in the genital area can travel through the female reproductive tract to the ovaries where they cause inflammation that leads to ovarian cancer. Slemp’s case was different from the other talc cases, which all accuse ... Read More

New Jersey Teacher Alleges Whistleblower Retaliation

A third-grade public school teacher has filed a retaliation complaint against the Rochelle Park, New Jersey, township school board and school superintendent alleging the defendants lashed out against him for speaking out against wrongdoing. Teacher Thomas Hornes filed his complaint in New Jersey Superior Court Sept. 14, claiming he was suspended from his job without pay for voicing concerns about Superintendent Geoffrey Zoeller’s conduct on the job. According to NorthJersey.com, the whistleblower retaliation complaint alleges that Mr. Hornes spoke out against Mr. Zoeller at a public meeting in May 2015 regarding refunds owed to parents over a class trip. “Hornes ... Read More

Worker Crushed by 2,800-Pound Transformer Awarded $8.5M

A worker who survived being crushed by a 2,800-pound electrical transformer has been awarded $8.5 million in a lawsuit against the delivery company and his employer. Jason Pinnock, an employee of National Delivery Services, was assisting with the offloading of the transformer from a Midway Services truck, who had taken the delivery of the massive device. When another worker pushed the transformer into Pinnock, it fell onto him, law.com reports. According to Pinnock’s pretrial memorandum, he “lay crushed and screaming on the ground” until other workers could come to his aid. When the workers attempted to lift the device off of him using their own ... Read More

AndroGel marketing ‘insidious,’ lawyers claim

AbbVie Inc.’s marketing of its testosterone replacement therapy AndroGel was part of an “insidious” plan to up its profits, argued attorneys for a man suing AbbVie over claims that the drug company didn’t study AndroGel’s cardiovascular risks. Jeffrey Konrad claims he used AndroGel for a few months before suffering a heart attack in 2010. He alleges that AbbVie was aware at that time that testosterone treatments were linked to cardiovascular risks, including heart attacks, strokes, and blood clots – all of which could be fatal. But AbbVie failed to adequately warn Konrad or his doctor of the risks so that ... Read More

Indiana Man Files Lawsuit Over Tilted IVC Filter after retrieval attempt fails

An Indiana man has filed a lawsuit against the manufacturer of his temporary IVC filter after it tilted and became stuck in his vein. Lance W. of Fort Wayne, Indiana, was given an Option ELITE temporary inferior vena cava (IVC) filter, the Daily Hornet reports. It was implanted on May 2, 2015, by Dr. Michael E. Parker at Lutheran Hospital of Indiana located in Fort Wayne. The IVC filter was intended to prevent pulmonary embolism, a deadly condition in which a blood clot enters the heart or lungs. The IVC filter, which resembles a cage with a hook at its apex, is designed to trap blood ... Read More