Articles Posted in Class Action

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Takata, one of the largest manufacturers of airbags in the world, was hit with another recall by Toyota and Lexis. The latest recall involves almost 198,000 vehicles. The Toyota airbag recall comes on the heels of a General Motors recall of more than 200,000 vehicles.

The alleged design defect in the airbags has been attributed to a dual stage front passenger inflator, which is susceptible to failure or rupture upon deployment in the event of an accident. The result of which can propel metal fragments into vehicle passengers causing serious personal injury.

Toyota and General Motors have both issued recall statements, in particular 2008-model year Corollas and Lexus SC 430’s manufactured between 2008 and 2010. According to GM, vehicles with Takata airbags may also impact SAABS, Saturn, and other vehicles in model years ranging from 2003 to 2011. More than 34 million vehicles with Takata airbags have recalled been in the United States.

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BOSTON SCIENTIFIC TRANSVAGINAL MESH TRIALS

            Mesh trials against Boston Scientific for pelvic mesh products have been met with mixed results. To date twelve cases have gone to a jury against the manufacturer of the recalled Pinnacle system, the Uphold system, and the Obtryx sling.  The Plaintiffs’ have won eight of these cases and the Defendant has won four.

Most recently in Missouri, Boston Scientific prevailed in a case in Kansas City, Missouri. A jury found that the Solyx mesh product, and a C.R Bard mesh product named the Align, were not defectively designed. This trial marked the first time that a mesh trial was conducted against the manufacturers of two different mesh products.

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Transvaginal Mesh Update

As summer ends there is optimism regarding upcoming transvaginal mesh settlements. Recently firms have settled with C.R. Bard, and Coloplast for sums that exceed the previous settlements with American Medical Systems, (AMS).

Recently C.R. Bard settled approximately 3,000 cases for 200 million dollars. This number exceeds the previous per case average set by the American Medical Systems settlement from May of 2014. C.R. Bard manufactured Avaulta mesh for pelvic organ prolapse, and several other products for stress urinary incontinence, such as the Align, and the Ajust. The Naumes Law Group is optimistic that settlements for women who have been injured by products manufactured by Boston Scientific and Ethicon will occur in the near future.

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Last night, Amtrak Northeast Regional train 188 derailed in Philadelphia, killing 6 and injuring hundreds. The train, operating from Washington to New York, overturned and crashed at approximately 9:45 p.m. It was carrying 238 passengers and a crew of 5 at the time of the accident.

Emergency crews worked thru the night to rescue passengers from the wreck. Firefighters needed hydraulic tools to cut the twisted steel and free trapped passengers and crew members. 6 cars in the train derailed, one of which struck a steel utility pole.

The accident occurred near Frankford Ave in northeast Philadelphia while rounding a sharp curve. This area was also the scene of a 1943 train accident in which 79 people were killed. The 1943 accident was caused by equipment failure. Continue reading

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          Travelers Insurance Finally Agrees to Pay Asbestos Victims

               Ten years after reneging on a settlement agreement with asbestos victims, Travelers Insurance has finally agreed to fund the settlement. On January 5, 2015 the U.S. Court of Appeals for the Second Circuit denied their latest motion for a rehearing and further review by the Circuit Court, ending a “fiendishly complex case”.

               The litigation began in 2001, when a group of asbestos victim’s law firms filed lawsuits in Hawaii, West Virginia and Massachusetts state courts over Travelers unfair settlement practices. After the cases were removed to U.S. Bankruptcy Court for the Southern District of New York, Travelers settled following a mediation with Governor Mario Cuomo. The company agreed to pay the Statutory Settlement Claimants $ 360 million, in addition to payments for Common Law and Hawaii victims.

               When other insurance companies attempted to intervene in the litigation, Travelers used that as an excuse to renege. The Plaintiff’s firms refused to give up and the case went from Bankruptcy Court to the District Court, U.S. Court of Appeals (twice), and the United States Supreme Court (twice). Thankfully thousands of asbestos victims will now get the compensation they deserve with millions of dollars of interest added to the settlements. Continue reading

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Medical Overview

Mesothelioma is a caner caused by asbestos. It is an aggressive type of cancer. One way Mesothelioma is classified is by the location it takes hold in an individual’s body. Three areas the cancer targets include the abdomen (Peritoneal Mesothelioma), the chest (Pleural Mesothelioma), and the heart (Pericardial Mesothelioma). The most common sites of mesothelioma are the chest and abdomen; the least common occurs in the heart.

Although there is not one survival rate for all patients, survival rate among mesothelioma patients is not high. Patients diagnosed with peritoneal mesothelioma (abdomen) typically have ten months to survive from the onset of the caner, while patients diagnosed with pleural mesothelioma (chest) generally have only 17 months.

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