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Virginia 199 articles

Mercedes-Benz faces lawsuit over fuel leaks in E-Class vehicles

mercedes

Mercedes-Benz USA, parent company Daimler AG, and 15 Meredes-Benz dealerships in New Jersey have been hit with a federal lawsuit claiming gasoline leaks in certain E-Class model vehicles exposed occupants to serious health risks. Defects in the fuel delivery system of 2003 to 2009 E-Class model vehicles cause gasoline and vapor to seep into the cars, the lawsuit alleges. Gasoline vapor is a suspected carcinogen that can cause liver damage, harm to developing fetuses and problems with female fertility. The fumes are also a fire hazard because the vehicles are sold with ashtrays and cigarette lighters. Since Mercedes-Benz reasonably expects ... Read More

Virginia sues Trinity over potentially deadly guardrails

guard-rail - KCPQ-TV image

Virginia has become the first state to take legal action against Trinity industries over its ET-Plus guardrail systems, claiming the manufacturer sold it guardrails that were unapproved, untested, and potentially dangerous to motorists. The state’s complaint was prompted by a lawsuit filed against Trinity by whistleblower Joshua Harman under the federal False Claims Act. Mr. Harman accused Trinity of secretly altering its widely used ET-Plus guardrails in 2005 without the consent or approval of U.S. highway safety regulators. The redesign, Mr. Harman asserted, made the guardrails dangerous, turning them into giant spears that could impale vehicles and their occupants. A federal ... Read More

Xarelto side effects lawsuits consolidated in multidistrict litigation

blood cells

The U.S. Judiciary Panel on Multidistrict Litigation has consolidated nearly two dozen lawsuits in Louisiana federal court filed against Johnson & Johnson subsidiary Janssen Pharmaceuticals and Bayer Corp., alleging the drug companies failed to warn that the blood thinner Xarelto could cause serious bleeding events. Defendants fought centralizing the lawsuits, claiming discrepancies in dosage and patients’ medical history made the cases too dissimilar. But the panel found the Xarelto side effects lawsuits struck a similar chord in their claims that the drug companies withheld information from clinical trials that showed the drug could increase the risk for life-threatening bleeding events. ... Read More

Injuries from Takata exploding airbags often resemble bullet and knife wounds

Takata airbag - image source alexauto321, wikicommons

Motorists injured by exploding airbags made by Japanese supplier Takata often look like they have been stabbed or shot, CNN reported, citing police who responded to emergencies involving the potentially deadly airbags. In September 2013, Police who first arrived at the scene of a minor car accident in Alhambra, Calif., thought that the driver, Hai Ming Xu, had sustained a gunshot to the face. But Mr. Hai wasn’t the victim of foul play. He was simply maneuvering his 2002 Acura TL in the parking lot of a restaurant where he worked when he accidentally struck the wall of an adjoining ... Read More

Small jet crashes into suburban DC house, killing at least three

plane crash Maryland - photo by WTOP ABC7 News

Three people are dead and three remain unaccounted for after a small jet crashed into a home in Gaithersburg, Md., Monday morning. Montgomery County Fire Chief Steven Lohr told reporters that three people aboard the airplane were killed in the crash, while three in the house that was hit, reportedly a mother and her two young children, remain unaccounted for. Investigators are trying to determine whether there was a fourth person aboard the downed airplane. The 10-seat corporate jet was a 2009 Embraer EMB-500/Phenom 100 twin-engine jet registered to Sage Aviation of Chapel Hill, N.C. The airplane was on approach ... Read More

Trinity guardrails to be independently tested after federal jury sides with whistleblower

guard-rail - KCPQ-TV image

Federal highway regulators said they will re-test a certain guardrail system model manufactured by Trinity Highway Products LLC after the company lost a whistleblower lawsuit last month and was ordered to pay the U.S. $175 million. The new crash tests of Trinity’s ET-Plus guardrails will be conducted at an independent lab in San Antonio, Texas, in mid-January. The results are expected by the end of February. The results of the tests will determine whether the government will reimburse states that continue to use the Trinity guardrails, although the manufacturer suspended sales of the ET-Plus shortly after the verdict against it in ... Read More

Florida jury awards $26.7 million to four women injured by transvaginal mesh

bladder sling

A Florida federal jury determined that medical device maker Boston Scientific should pay $26.7 million to four women who claim they were injured by the company’s transvaginal mesh. The jury found Boston Scientific negligent in manufacturing the Pinnacle Pelvic Floor Repair Kit, a type of surgical mesh that is used to treat common pelvic floor disorders such as pelvic organ prolapse and stress urinary incontinence. Jurors found that the device was defective at the time of its sale because it didn’t meet reasonable expectations of its intended users, and that the benefits of the device were overshadowed by the risks, ... Read More

Plaintiffs in transvaginal mesh lawsuit fight to use medical expert

bladder sling

Plaintiffs in a transvaginal mesh multidistrict litigation (MDL) told a West Virginia federal judge that an expert who testified for C.R. Bard Inc., in previous litigation should not be barred from testifying for plaintiffs since he never signed a confidentially agreement from the medical device maker. Neeraj Kohli is a medical doctor that C.R. Bard used as an expert in a transvaginal mesh lawsuit in California state court in 2010. He was scheduled to testify in two bellwether cases as part of the MDL, but the company ended the arrangement after discovering an article Kohli had published in a medical ... Read More

Tampons may help doctors detect ovarian cancer

baby powder contains talc

Tampons could one day be used as a diagnostic tool for ovarian cancer, according to researchers fro the University of Virginia in Charlottesville. Researchers studied tampons that had been placed in the vaginas of ovarian cancer patients and found tumor DNA in cells trapped within the tampon fibers. “In about 60 percent of the patients who had their (fallopian) tubes still intact, we were able to pick up tumor cells, or essentially tumor DNA, in the vaginal tract,” said Dr. Charles Landen, associate professor of gynecologic oncology. Having fallopian tubes still intact would be key for the study since the ... Read More

Verdict in whistleblower guardrail case could be breakthrough for False Claims Act suit

guard-rail - KCPQ-TV image

Just because the U.S. government fails to intervene in a False Claims Act case doesn’t mean the lawsuit can’t prevail in court, a fact demonstrated by the $175-million verdict a Texas federal jury handed down this week in a whistleblower case against the nation’s leading guardrail manufacturer. According to the Wall Street Journal, the verdict in whistleblower Josh Harman’s case against Trinity Industries Inc. should serve as a “False Claims Act wake-up call” to companies that contract with or in other ways do business with federal agencies and programs, signaling that even false claims lawsuits without the government’s backing can ... Read More