Published on:

In Phoenix, a woman that was injured by her defective C.R. Bard G2 filter has been awarded $3.6 million. This was the first bellwether multidistrict litigation of its kind regarding a Bard device. The injured party, Sherr-Una Booker, was implanted with a defective C.R. Bard G2 filter in 2007. Booker experienced a range of negative side effects when her IVC filter fractured and as a result migrated from its initial location and perforated her vena cava.

As it was explained at the onset of this trial there were two phases of litigation. In the first phase, the federal jurors ultimately ruled for $2 million in compensatory damages, Bard being deemed 80 percent ($1.6 million) at fault and an unnamed party doctor 20 percent at fault. In the second phase, the injured party was also awarded $2 million in punitive damages.

At the end of April, C.R. Bard moved for a new trial regarding this decision.

Published on:

This week, a New Jersey jury has handed down another substantial verdict in the most recent pelvic mesh lawsuit. The product liability verdict states C.R. Bard must pay out compensatory damages totaling $33 million and punitive damages totaling $35 million.

The reasoning behind this multi-million dollar verdict was that C.R. Bard overall failed to warn doctors about their mesh product’s potential negative side effects and risks. Accordingly, C.R. Bard’s mesh products were deemed deficient and unsafe.

The plaintiff in this caseMary McGinnis was implanted with the company’s Avaulta Solo Support System and Align Trans-Obturator Urethral Support System in 2009. After undergoing her implant procedure involving the C.R. Bard mesh products she experienced multiple unwanted negative side effects. The unwanted results lead to McGinnis filing a product liability claim against the company in 2011.

Published on:

After a trial that lasted over two months, Johnson & Johnson and Imerys Talc America Inc. have been handed down a verdict that sees the companies now responsible for $37 million in compensatory damages and another $80 million in punitive damages to be paid to a New Jersey man and his family.

The lawsuit was brought by Stephen Lanzo III, 46, and his wife. Lanzo claimed that the prolonged use and inhalation of the company’s talc products lead to his cancer of the lungs. It was found that Johnson & Johnson’s popular products, including baby powder and Shower to Shower contained asbestos. At the conclusion of the trial, the New Jersey jurors concurred with the overall claims made by the Lanzo family.

Lanzo had been using the company’s products for over three decades, starting from when he was an infant and his mother would apply it on him. His use of the talc products spanned from between 1972 and 2003. The court reasoned that this exposure to the toxic minerals in Johnson & Johnson’s products contributed a substantial amount overall to Lanzo developing mesothelioma.

Published on:

Earlier this month, after a nine-day trial an Indiana federal jury ruled in favor of a women who claimed she was damaged by her pelvic mesh implant. The $35 million jury verdict was handed down after it was ruled that the pelvic mesh implant was negligently designed as well as the failure of the manufacturers to adequately warn patients and medical professional of the negative risks or side effects that accompany their pelvic mesh implants.

The jury verdict in favor of the Indiana resident Barbara Kaiser came two weeks after the trial began. The breakdown of the $35 million verdict is: $10 million in compensatory damages and $25 million in punitive damages.

The injured party, Barbara Kaiser, was implanted with the Ethicon Prolift pelvic mesh in 2009 in order to treat her pelvic organ prolapse. Approximately two years after the procedure, she complained to her doctors of lower pelvic pain, groin spasms, bladder spasms among other issues. Doctors explained that the pain and negative side effects she was experiencing could be tied to the implant from the 2009 pelvic mesh procedure.

Published on:

Thousands of individuals have brought, and continue to bring, lawsuits against the manufacturers of defective IVC filters. On March 14th, the first bellwether trial against the manufacturer of defective IVC filters will take place. The results of this bellwether trial will be used by the parties to further gauge how future litigation may fare.

The March bellwether trial is set to be heard in the District of Arizona by U.S. District Judge David Campbell. The plaintiff selected for the first bellwether case is Sherr-Una Booker.

In 2007, Booker underwent a procedure in which a C.R. Bard G2 IVC filter was implanted. As a result of that procedure, she suffered from various health issues when her device migrated and fractured. After enduring multiple intense corrective procedures, it was concluded that one of the struts from her device would not be able to be removed and will remain in Booker’s inferior vena cava.

Published on:

Hernia mesh manufacturer C.R. Bard and subsidiary Davol, Inc., are facing a growing number of hernia mesh lawsuits for products that were brought to market through the FDA’s 510(k) program. Plaintiffs in Louisiana and Mississippi are suing Bard and Davol for selling hernia mesh repair products that are incompatible with human tissue; they allege that because of the fast track provided by FDA’s 510(k) approval, human trials were not required.

Numerous hernia mesh devices were brought to market under U.S. Food & Drug Administration’s 510(k) program which is a fast track clearance program that allows products to go to market that are similar to pre-existing market devices. Current claims allege that hernia mesh manufacturers failed to produce a safe product, used unsafe and inferior materials in their products, and that materials are not compatible with human tissue. It is this incompatibility with human tissue that results in corrective surgeries. Complications from these products include extreme pain, abscesses, infection, migration, obstructions, and swelling that often multiple corrective surgeries.

Recently, Randy Roberts and Reginald Sanders sued C.R. Bard, Inc. and its Davol, Inc. subsidiary in Louisiana. Both plaintiffs allege hernia mesh complications, including severe abdominal pain and infections, requiring corrective surgeries. In January, Patrick Dove filed suit in the Southern District of Mississippi after experiencing similar complications from the Bard Ventralex patch device. The complaint alleges that that the material used in the hernia mesh was ultimately incompatible with human tissue and the defendants knew or should have known of this incompatibility.

Published on:

This week in Dallas a jury has ordered Johnson & Johnson to pay $247 million to six patients that were negatively affected by the company’s Pinnacle artificial hips. The awarded amount broke down as $79 million in actual damages and $168 million in punitive damages. The patients that brought the claims all had to have their Pinnacle artificial hips surgically removed as a result of a defect. All six patients are residents of New York.

The New York patients that brought this claim included: Uriel Brazel, who is an 88-year-old physician; Karen Kirschner, a 67-year-old elementary school teacher; Ramon Alicea, a 61-year-old chauffeur; Hazel Miura, a 60-year-old housing official; Eugene Stevens, a 53-year-old health-care aide; and Michael Stevens, a 52-year-old financial analyst.

The Depuy unit is the manufacturer of this type of hip replacement for Johnson & Johnson. The jury ruled that Depuy knew that the Pinnacle artificial hip devices were defective and that the metal hip implants were defectively designed, but Depuy failed to properly warn medical professionals and patients about the risk of the device failing prematurely.

Published on:

Cook Medical is going to soon find themselves in court according to recent court developments. This news comes in the light of thousands of lawsuits that have been filed against Cook Medical and their IVC filters. The first bellwether trial is now on the horizon, after Cook Medical, Inc. was unsuccessful in their motion for summary judgment earlier this month.

According to the Southern District of Indiana, the jury selection process for the first trial will begin on October 23, 2017. Overall, a total of three bellwether trial are slated to take place, which will allow those negatively affected and their representation a range of settlement values regarding IVC filter lawsuits.

The case that has been selected for first bellwether trial is Hill v. Cook Medical, Inc., et al. This case involves Elizabeth Hill, a Florida resident. She was implanted with a Cook Celect IVC filter prior to her scheduled back surgery. Hill has alleged that she was negatively affected by her Cook Medical IVC filter and subsequently required multiple medical corrective procedures.

Published on:

Recently, in the Northern District of Texas, the fourth bellwether trial focused on allegedly defective metal on metal hip replacement devices began. This bellwether trial is concentrated on the DePuy Orthopedics’ Pinnacle Hip Replacement System. The bellwether trial has consolidated six hip replacement lawsuits filed by plaintiffs and their family members who allege that they suffered unwanted complications or serious negative side effects due to the premature failure of their DePuy Pinnacle Hip Replacement System device.

This bellwether trial also focuses on the allegations that Johnson & Johnson, and its subsidiary company DePuy, brought their metal-on-metal hip replacement devices to market albeit knowing the device was or may have been manufactured with defects. Among the alleged defects was the low-level quality equipment used to make the devices. Due to the material used in the production of the devices, many patients suffered the negative side effects, including having toxic metal debris to be allowed into their bloodstream or tissue surrounding their joints.

Moreover, through examination of their marketing process, emails and commissioned studies counsel for the plaintiffs has argued it may be shown that Johnson & Johnson, and DePuy took part in deceptive behavior. That highlighted conduct was allegedly aimed toward deceptively encouraging the use of their metal on metal hip replacement devices in hip implant surgeries.

Published on:

On September 12th, Philadelphia Municipal Court Judge Thomas Gehret dismissed the criminal charges brought against Brian Bostian in regards to the 2015 Philadelphia train derailment. Bostian, 34, was the engineer of the Philadelphia train that derailed and as a result the Amtrak train killed eight individuals while also injuring more than 200.

In 2015, the derailment took place just outside of Philadelphia. Bostian was the engineer, on the date of the accident, when the train approached a curve with a 50-mph speed limit. The train was traveling over double the speed limit, at 105-mph, at the time of the derailment. As a result, Bostian was charged with eight counts of involuntary manslaughter, one count of causing or risking a catastrophe, and 238 counts of reckless endangerment.

Ultimately, Judge Gehret determined that there was not enough evidence to proceed to a criminal trial. According to the court reports, Judge Gehret said that based on the evidence, “I think it’s more likely than not this was an accident and not criminal.”

Posted in:
Published on:
Updated: