Judge in USC Tyndall Sex Abuse Gender Violence Case Issues Order Granting Plaintiffs’ Renewed Motion for Preliminary Settlement Approval

USC

On June 13, 2019, Judge Steven V. Wilson of the U.S. District Court for the Central District of California issued an order granting Plaintiffs’ renewed motion for preliminary approval of the class action settlement of the gender violence and sexual abuse litigation against Dr. George Tyndall and the University of Southern California. The settlement will require USC to adopt and implement procedures for identification, prevention, and reporting of sexual and racial misconduct, as well as recognize the harm done to all of Tyndall’s patients through a $215 million fund that gives every survivor a choice in how to participate.  [Read more…]

Sarah London Addresses Challenges to Pacific Fertility Clinic Egg and Embryo Failures Lawsuit

Sarah London Addresses Challenges to Pacific Fertility Clinic Egg and Embryo Failures Lawsuit

On Wednesday June 5, 2019, Prelude Fertility Inc., the parent company of San Francisco-based Pacific Fertility Center, asked U.S. Magistrate Judge Jacqueline Scott Corley to dismiss the proposed class action lawsuit accusing Pacific Fertility of negligently allowing patients’ stored eggs and embryos to be destroyed in a cryogenic tank failure. The defendants seek dismissal of the suit on procedural grounds, that the patients improperly lumped claims together in the suit against it and a related but separate entity, Pacific MSO LLC. [Read more…]

Mark Chalos Talks to News4 Nashville About “Shocking” Provisions in Scooter Agreements

Mark Chalos Talks to News4 Nashville About “Shocking” Provisions in Scooter Agreements

Lieff Cabraser Nashville office Managing Partner Mark Chalos spoke at length with News4 Nashville to reveal “shocking” provisions and lapses in scooter app use agreements. After extensive research into potential lawsuits against the scooter industry showed that smartphone app scooter rental companies like Lime, Bird, and Lyft believe they have no accountability for user accidents or faulty equipment, Chalos explained, “There are some really shocking provisions they’ve hidden in the fine print.” [Read more…]

Kenny Byrd to Serve in Leadership Role on Early Vetting Committee in 3M Combat Arms Earplug Defects Hearing Damage Litigation

Kenny Byrd to Serve in Leadership Role on Early Vetting Committee in 3M Combat Arms Earplug Defects Hearing Damage Litigation

On May 22, 2019, Judge M. Casey Rodgers of the U.S. District Court for the Northern District of Florida issued an order naming Lieff Cabraser partner Kenny S. Byrd to the Early Vetting Committee in the nationwide product defect lawsuit against 3M relating to allegations that for over a decade, 3M provided defective earplugs to men and women in the U.S. military. Complaints in numerous lawsuits allege that the ear plugs, distributed between 2002 and 2015, were too short for proper insertion into users’ ears, putting users at risk for permanent hearing loss, hearing impairment, and tinnitus. [Read more…]

Cal Fire Determines 2018 Camp Fire Was Caused by PG&E Electrical Lines

California Wildfires

The California Department of Forestry and Fire Protection (CAL FIRE) has issued a news release stating that “a very meticulous and thorough investigation” has determined that the November 2018 Camp Fire in Butte County “was caused by electrical transmission lines owned and operated by Pacific Gas and Electricity (PG&E) located in the Pulga area.” The deadliest and most destructive fire in California history, the Camp fire began on the morning of November 8, 2018, and burned a total of 153,336 acres, destroying 18,804 structures and resulting in 85 civilian fatalities and several firefighter injuries. [Read more…]

Roundup Weedkiller Jury in California Orders $2 Billion Damages Verdict Against Monsanto and Bayer

A man spraying herbicide

As reported across a wide range of media, a jury in California has hit Monsanto and Bayer with a $2 billion-plus damages verdict over serious cancer risks associated with its Roundup weedkiller, the third consecutive trial loss for Bayer and Monsanto relating to aggressive cancer injuries held to stem from use of the Roundup herbicide. After less than two days of deliberations, the 12 member jury determined that it was more likely than not that Roundup was a “significant contributing factor” in the plaintiffs’ non-Hodgkin lymphoma. The plaintiffs’ suit claimed that decades of Roundup use on their properties gave them both aggressive cancer. [Read more…]

Oklahoma Supreme Court Strikes Down Civil Justice Damages Cap

Oklahoma Supreme Court Strikes Down Civil Justice Damages Cap

The Oklahoma Supreme Court has invalidated a state law that limited damages for pain and suffering in personal injury lawsuits to $350,000. The court ruled that the 2011 civil justice statute implementing the damages cap was an unconstitutional “special law” that treats people who survive injuries differently than those who don’t; Oklahoma’s constitution forbids caps on damages in death cases. [Read more…]

FDA Orders Medical Device Manufacturers to Stop Selling Transvaginal Mesh Surgical Products

FDA Orders Medical Device Manufacturers to Stop Selling Transvaginal Mesh Surgical Products

The U.S. Food and Drug Administration has ordered Boston Scientific and Coloplast medical device companies to stop selling trans vaginal mesh, also known as pelvic mesh or bladder sling, products used for the transvaginal repair of pelvic organ prolapse and stress urinary incontinence. [Read more…]

New York AG Sues Private Stem Cell Clinic for Injury and Fraud

Stem Cells

Attorney General sues on behalf of injured patients over “reckless” conduct, “egregious” injuries from wildly expensive treatments

Last week, New York State Attorney General Letitita James sued Park Avenue Stem Cell, a private NYC clinic, for allegedly injuring and defrauding patients. Attorney General James is one of many state and federal regulators scrutinizing a growing field of private clinics and their affiliates that represent — recklessly and without full information — to prospective patients that a variety of illnesses can be reversed or made more tolerable by very expensive stem cell injections. [Read more…]

Arbitration Barred for Parent Co. in Pacific Fertility Clinic Destroyed Embryos Litigation

Arbitration Barred for Parent Co. in Pacific Fertility Clinic Destroyed Embryos Litigation

As reported by Law360 (subscription), U.S. Magistrate Judge Jacqueline Scott Corley of the Northern District has ruled that claims against Pacific Fertility Clinic’s parent company, Prelude Fertility Inc., over eggs and embryos destroyed after a cryogenic tank failure cannot be resolved in arbitration. Those claims will instead get a full hearing in an open and public court of law. [Read more…]

Retired Fort Campbell Infantry Soldier Sues 3M Over “Combat Arms” Earplugs Hearing Damage

3M Defective Earplugs Lawsuit

Lieff Cabraser Partner Mark Chalos Talks to NPR about the growing 3M defective ear plug injury lawsuits

On March 25, 2019, National Public Radio (NPR) interviewed Lieff Cabraser Nashville partner Mark P. Chalos about the growing number of lawsuits filed against 3M over the company’s 10+ year provision of allegedly defective combat ear plugs to men and women serving in the US military. Complaints in the lawsuits by military and ex-military personnel, including large numbers of service men and women from Clarksville’s Fort Campbell and numerous other Tennessee areas including Memphis allege the ear plugs, distributed between 2002 and 2015, were too short for proper insertion into users’ ears, putting users at risk for permanent hearing loss, hearing impairment, and debilitating tinnitus.  According to NPR, “service members used the specially-designed earplugs at firing ranges and while driving in noisy military vehicles. One end was supposed to muffle all sound and the other would block only the loudest concussions.” [Read more…]

FDA Warning Letters to Manufacturers Heighten Safety Concerns About Breast Implant Health Threats

Breast Implants

As reported by various sources including the UK’s Daily Mail, regulators for the U.S. Food and Drug Administration recently sent warning letters to two of the top breast implant manufactures for “failing to complete the safety studies” required for medical devices to remain on the market. The letters were issued just days before a new hearing that will be held on breast implant safety. The breast implants “have stayed on the market for years without adequate safety data, despite ranking in the highest risk bracket for medical devices.” [Read more…]

California Jury Finds That Monsanto’s Roundup Weedkiller Likely Caused Man’s Cancer

Monsanto roundup weedkiller

As reported by Law360, a jury in federal court in California determined that Monsanto’s widely-used weedkiller product Roundup was a substantial factor in causing cancer in a Santa Rosa man, “delivering a major blow to the Bayer AG [Monsanto] unit in the first such federal bellwether trial and setting the stage for a second phase to determine damages.” The found that use of Roundup contributed substantially to his cancer, rejecting the argument put forth by Monsanto that there was just no way to know what caused the lymphoma at issue in the trial. [Read more…]

Lieff Cabraser Files Personal Injury Lawsuit Against 3M Company and Aearo Technologies for Debilitating Hearing Loss and Tinnitus from Use of Defective and Unreasonably Dangerous Combat Arms™ Earplugs

U.S. Army Infantry Soldier George Dooley (ret'd)

Lawsuit alleges 3M and Aearo knew Combat Arms Earplugs were defective prior to selling them, but falsified test results and misrepresented their performance to qualify for a multi-million dollar contract with the United States military

Nashville, TN—(BUSINESSWIRE)—On March 18, 2019, Mark Chalos of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP announced that U.S. Army veteran George Dooley has filed a lawsuit in federal court in the Middle District of Tennessee against 3M Company and Aearo Technologies for hearing loss and tinnitus caused by his use as an infantry officer, including in Iraq, of defective and unreasonably dangerous Dual-Ended Combat Arms™ Earplugs (Version 2 CAEv2). The Complaint alleges that 3M and Aearo knew the Combat Arms Earplugs were defective prior to selling them, but falsified test results and misrepresented the earplugs’ performance to qualify for a multi-million dollar contract with the United States military, leading to the hearing injuries sustained by George Dooley in training and on active military duty. [Read more…]

AAJ Commends House Subcommittee for Highlighting Danger of Carcinogenic Talc in Cosmetics

Talcum Powder

The American Association for Justice commends the U.S. House of Representatives subcommittee on Economic and Consumer Policy for its exemplary work on behalf of the public in “shining light on the danger of carcinogenic cosmetics.” A panel of victims, family members, and experts attended a hearing on Capitol Hill in Washington, DC on March 12, 2019 in response to a House request for testimony on the risks of using products containing talc, such as baby powder and makeup. “Subcommittee members and witnesses discussed the science linking talc to cancer, and the need for corporations like Johnson & Johnson to finally take steps to protect and educate American consumers who use their products that contain carcinogens,” notes the AAJ in a released statement. [Read more…]

Passage of NY Child Victims Act Presents Vital Opportunity for Survivors of Sexual Abuse at Rockefeller Hospital to Seek Redress

Rockefeller Hospital Sex Abuse Cases Much More Actionable After the Passing of the NY Child Victims Act

In 2018 The New York Times published an explosive article detailing a widespread pattern of sexual exploitation and abuse by now-deceased Dr. Reginald Archibald at New York’s Rockefeller University Hospital in a staggering range of incidents dating as far back as the 1950s and extending to a thousand patients or more. Now that New York legislature has passed a groundbreaking expansion of the time period in which survivors can bring lawsuits relating to such offenses, affected patients of Dr. Archibald are empowered to seek redress for their past victimization via legal means. [Read more…]

New Study Finds Monsanto Weedkiller Chemical Increases Cancer Risk by up to 41%

New Study Finds Monsanto Weedkiller Chemical Increases Cancer Risk

A new study conducted by researchers at the University of California, Berkeley has found that exposure to glyphosate, the active ingredient in Monsanto’s Roundup weed killer, can increase a person’s risk of cancer by up to 41 percent. As reported by the Daily Mail, “Roundup is believed to be the UK’s most widely used weedkiller and, globally, the most popular in history.” [Read more…]

New York State Senate Passes Child Victims Act

Rockefeller Hospital Sex Abuse Cases Much More Actionable After the Passing of the NY Child Victims Act

After years of being blocked by a Republican-controlled legislature, the Child Victims Act, sponsored by Senator Brad Hoylman’s and Assembly Member Linda Rosenthal, has finally been passed by the New York State Senate. As reported by The New York Times, for the past 13 years, activists and Democratic officials in the state of New York have fought to strengthen protections for childhood abuse victims, only to face significant resistance from powerful interests groups including insurance companies, private schools, and leaders from the Roman Catholic Church and Orthodox Jewish communities. [Read more…]

State Judge in Mississippi Denies Johnson & Johnson Attempt to Throw Out Talc Class Action Lawsuit

Mississippi Talc Blog

As reported by Law360 a Mississippi state judge has denied an attempt by Johnson & Johnson J&J to throw out a first-of-its-kind class action injury lawsuit filed by the state’s attorney general. The suit alleges the pharmaceutical giant is putting tens of thousands of women at risk by failing to disclose that the use of its talcum powder products can lead to ovarian cancer. [Read more…]