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litigation 1073 articles

Alabama man injured by cardiac defibrillator sues manufacturer

Beasley Allen Law Firm attorneys P. Leigh O’Dell and Ted G. Meadows filed a lawsuit on April 29, 2009, on behalf of Patrick M. Lancaster of Alabama, alleging that the plaintiff suffered injuries as a result of having been implanted with a Sprint Fidelis Lead manufactured by Medtronic, Inc. The lawsuit names defendants Medtronic Inc., Medtronic Puerto Rico, Inc., and Medtronic Puerto Rico Operations Co. The complaint incorporates by reference the relevant portions of the Master Consolidated Complaint for Individuals on file with the Clerk of the Court for the United States District Court for the District of Minnesota in ... Read More

FDA told pain pump manufacturers ‘no,’ but they refused to listen

Manufacturers of pain pumps were denied approval by the Food and Drug Administration (FDA) to use the devices in a different manner than what had been previously approved by the FDA for shoulder surgery. But that didn’t stop the manufacturers from advising physicians to use the devices improperly. That improper use has lead to a painful and debilitating condition in many shoulder surgery patients. Pain pumps are devices that hold pain medication that is gradually released into the shoulder tissue through a catheter implanted in the surgical site. Once the pain medication has been released into the joint, the catheter ... Read More

Engineers raised questions about coal ash pond walls decades ago

For decades, engineers raised questions about the walls of an impoundment pond containing toxic coal ash at the Tennessee Valley Authority (TVA) Kingston, Tennessee coal-burning plant, according to the KnoxvilleBiz.com. They questioned the way the walls were built and argued that they were not initially designed to stand as tall as they did. Those concerns fell on deaf ears then, but now have a voice after the walls of the pond broke loose last December and dumped 1.1 billion gallons of toxic material on to 300 acres of an east Tennessee community and into the waters of the Emory River. ... Read More

Beasley Allen files two gadolinium lawsuits

Today Beasley Allen filed two complaints in multidistrict litigation (MDL) on behalf of clients injured by gadolinium. Gadolinium is linked to adverse health effects on patients with renal insufficiency or kidney failure, including Nephrogenic Systemic Fibrosis (NSF), which causes fibrosis of the skin and connective tissues and scarring of organs including lungs, heart, and liver and may lead to death. Beasley Allen attorneys Andy D. Birchfield, Jr., and Benjamin L. Locklar filed the complaint in United States District Court, Northern District of Ohio Eastern Division under Judge Dan Aaron Polster on behalf of plaintiffs Caroll L. Jett, a resident of ... Read More

New rule makes obtaining nursing home information more difficult

A new rule issued in September by the Bush Administration has made a once routine process of obtaining information from nursing homes to back up claims of abuse and neglect almost impossible. That juggernaut has people who are suing nursing homes wrangling between state and federal officials, according to the Washington Post. Apparently the new rule slid under most radars, but the results have left those pursing lawsuits fighting a more difficult battle than before to prove their cases against nursing homes. The rule designates state inspectors and Medicare and Medicaid contractors as federal employees, which helps prevent them from ... Read More

Judge tosses medtronic lawsuits, doesn’t disclose son’s ties

U.S. District Judge Richard Kyle dismissed thousands of lawsuits against Medtronic Inc., manufacturer of the faulty Sprint Fidelis defibrillators that have allegedly injured and killed several people. Attorneys serving the patients, however, may seek to have the judge disqualified from the case because he never disclosed that his son works for the law firm representing Medtronic. Medtronic defended the Minnesota judge on Friday, saying that “this is clearly an effort to remove a well respected judge following rulings the plaintiffs’ lawyers do not like.” Richard H. Kyle, Jr., works for a Minneapolis based law firm with offices in the Midwest, ... Read More

Advocacy group demands answers from state

A watchdog group that advocates for the developmentally disabled is pressuring Nebraska state leaders to look into the care at the troubled state-run Beatrice State Developmental Center, according to the Fremont Tribune. Three deaths that occurred in three weeks on the same floor of the 240-bed home for the developmentally disabled have raised the suspicions of Nebraska Advocacy Group. “This demands an immediate response, not a promise to do something in the future. They’ve had a history of un-kept promises,” Nebraska Advocacy Group litigation director Bruce Mason told the newspaper. The group sent a letter last week to state leaders including ... Read More

Goodwin to seperate federal digitek complaints

U.S. District Judge Joseph Goodwin, who is striving to resolve the national litigation over Digitek, wants separate complaints from separate plaintiffs. On December 2, he signed an order stating that all Digitek attorneys who have numerous plaintiffs in single suits must separate the claims. According to the West Virginia Record, Goodwin wrote, “Some complaints in this MDL action join multiple plaintiffs whose only apparent connection with one another is that they ingested the drug at issue.” Goodwin gave all plaintiff lawyers a Dec. 31 deadline “to identify all multi-plaintiff actions subject to his order and propose a severance order.” After ... Read More

Zero accountability for drug companies?

Bloomberg recently ran an interesting and comprehensive article about pharmaceutical companies enjoying their “get out of jail free cards” — revisions to regulations that favor the rights of pharmaceutical companies over consumers who use their drugs. The revised regulations, written just after George W. Bush’s inauguration in 2005, allow federal law to trump (or pre-empt) state law, thereby clearing the path for drug manufacturers to develop, test, market, and essentially do business with impunity from the law. Think corporate Utopia. Think David vs. Goliath where Goliath enjoys a major handicap. According to the U.S. Constitution, any decision to pre-empt state ... Read More

Tire Retirement

On June 2, 2008, after many years of prodding by consumer advocacy groups and attorneys, the National Highway Traffic Safety Administration (NHTSA) issued a consumer advisory concerning aging tires. This follows numerous lawsuits involving Explorer/Firestone rollovers, which made the public aware of the potential dangers of tire aging. Additional industry documents and studies have made clear that tires more than six years old are hazardous to drivers, and can result in tread separations, crashes and rollovers. A NHTSA study on Firestone ATX/Wilderness tire defects found that age was a definitive factor in failure, particularly in high-temperature environments that cause tire ... Read More