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statute of limitations 12 articles

Fair Labor Standards Act: Workers Compensation, statutes of limitation and eligible claims

The Fraud List: Fair Labor Edition

This is the seventh installment in The Fraud List: Fair Labor Series The Fair Labor Standards Act (FLSA) regularly protects workers’ rights on a wide range of issues related to overtime, minimum wage and even child labor. Labor laws also ensure workplace safety, and provide for compensation for employees who are injured on the job thorough a program known as worker’s compensation. Workers’ compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards. These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. ... Read More

Janssen asks judge to set deadline on Risperdal gynecomastia lawsuits

Johnson & Johnson subsidiary Janssen Pharmaceuticals is asking a judge to rule that the statute of limitations has run out for hundreds of lawsuits filed against the company for an embarrassing side effect of its antipsychotic drug Risperdal. The lawsuits are part of a growing mass tort docket alleging Risperdal, also known as risperidone, caused gynecomastia, a condition in which boys and young men grow breasts. The condition can be painful and breasts can lactate. Treatment for gynecomastia often involves surgeries such as liposuction or mastectomy. The Risperdal lawsuits claim the company promoted Risperdal for unapproved uses in adolescent boys while providing inadequate ... Read More

Bayer files motion to dismiss some of its Mirena IUD lawsuits

Bayer Healthcare Pharmaceuticals is hoping to ditch some of the 450 lawsuits it faces over inadequate warnings for possible complications with its Mirena intrauterine device on the grounds that the cases have exceeded the statute of limitations. The Mirena IUD is a flexible, T-shaped device that is inserted into the cervix to prevent pregnancy for up to five years. U.S. District Judge Cathy Seibel asked attorneys on both sides of the issue to select a dozen cases to serve as an initial disposition pool with a goal of going to trial. The lawsuits allege that the Mirena IUD can migrate from ... Read More

Drug companies’ high-dollar settlements for false claims could be coming to end

Johnson & Johnson’s $2.2 billion settlement to resolve False Claims Act allegations that it paid doctors kickbacks and promoted some drugs for off-label uses may be one of the last high-dollar settlements in the federal government’s long-running campaign to stop drug companies from marketing drugs for uses in which they are not approved. Johnson & Johnson was ordered to pay the 10-figure settlement based on illegal marketing of three of its drugs including the antipsychotic Risperdal, the schizophrenia drug Invega, and the cardiac drug Natrecor. The practice, attorneys said, put fragile patients – such as the elderly and children – ... Read More

Transvaginal mesh manufacturers face more than 30,000 lawsuits alleging defective design

More than 10,000 lawsuits involving Ethicon Gynecare transvaginal mesh have been filed in the Southern District of West Virginia, all claiming the surgical mesh products were defectively designed and made, and that Ethicon failed to warn doctors and patients of the risks associated with the devices. Ethicon, a subsidiary of Johnson & Johnson, is also facing an additional 4,400 transvaginal mesh lawsuits currently pending in multi-county litigation in New Jersey’s Atlantic County Superior Court. Ethicon is just one of six manufacturers of transvaginal mesh. There are more than 30,000 transvaginal mesh lawsuits currently pending in separate proceedings in just the ... Read More

California plaintiffs allegedly injured by ExxonMobil contamination win appeal

Dozens of personal injury claims filed by former residents of a Los Angeles County public housing complex against ExxonMobil Corp. may go to trial, a California appeals court ruled Sept. 24, reversing a decision of a trial court that found the cases had expired on statute of limitations. Fifty-eight occupants of the Ujima Village Apartments complex who sued ExxonMobil in 2010 after discovering contamination of the land and groundwater at the housing site posed serious health risks argued that those risks weren’t disclosed in 2007, the year county authorities held community meetings to announce future housing options in the event the ... Read More

Transvaginal mesh manufacturer’s stock drops in light of personal injury lawsuits

Humlebaek, Denmark-based transvaginal mesh manufacturer Coloplast A/S said last week that it didn’t expect lawsuits waged against the company in the United States would have “significant financial impact,” but investors are skeptical. The company’s stock fell as much as 1.8 percent – the lowest since May 2 – making it the worst performing in the benchmark OMX Copenhagen index. The blow comes just a week after a jury in the first federal transvaginal mesh trial – against competitor C.R. Bard Inc. – ordered the manufacturer to pay $2 million in damages to a woman who claimed Bard’s transvaginal mesh device ... Read More

New treatment for pelvic organ prolapse less risky than transvaginal mesh

Women who suffer from common pelvic floor disorders such as pelvic organ prolapse (POP) or stress urinary incontinence (SUI) can experience uncomfortable or embarrassing symptoms including pain and incontinence. Unfortunately, in 2011, the Food and Drug Administration (FDA) warned that the most popular surgical procedure used to treat the condition – a process in which surgical mesh is inserted through the vagina to hold up prolapsed organs – was associated with a large number of complications. Problems involved the mesh eroding in tissue causing infections, pain, disability, and hemorrhaging. Some women had to undergo repeated surgeries to remove the mesh, and some ... Read More

Time may be running out for lawsuits against transvaginal mesh manufacturers

Thousands of lawsuits against six manufacturers of transvaginal mesh have been filed and more are expected as a two-year statute of limitations in many states approaches. Transvaginal mesh is a type of surgical mesh used to treat common pelvic floor disorders like pelvic organ prolapse and stress urinary incontinence, conditions that can cause pain and discomfort. The mesh is inserted through the vagina and works like a hammock to hold up organs that have dropped. In July 13, 2011, the Food and Drug Administration (FDA) issued a warning that 10 percent of women who had received transvaginal mesh experienced a complication ... Read More

Attorneys for recalled artificial hip may ask for statute of limitations cutoff on claims

Patients who received a defective hip replacement system that was recalled may be out of time to file lawsuits against the manufacturer if states and judges decide to uphold a two-year statute of limitations on filed claims. No judge has ordered a halt, but lawyers representing patients who suffered injuries from the defective devices are warning that the defendants’ attorneys may argue for such a cut-off. The statute of limitations period varies by state and depends on the state in which a patient’s surgery took place as well as the circumstances of the injury. Most states have a two-year statute of ... Read More