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…]

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

California Expands Window for Filing Child Sexual Abuse Cases

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 York State Senate Passes Child Victims Act

California Expands Window for Filing Child Sexual Abuse Cases

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…]

New Reuters Report Reveals Johnson & Johnson Knew for Decades About Dangerous Asbestos in Talc

talc

A recent in-depth investigation published by Reuters reveals Johnson and Johnson knew for decades that its talc products like baby powder include asbestos fibers, and that exposure to those fibers can lead to ovarian cancer. The revelation caused J&J shares to drop 10% resulting in a $45 billion reduction in value for the company. This newest drop follows a July 2018 jury ruling that ordered J&J to pay $4.69 billion to women who claimed asbestos in J&J body products caused them to develop cancer. [Read more…]

Sexual Assault Subpoenas Issued to All New York Catholic Dioceses by NY Attorney General

Hospital

As reported by U.S. News, the Chicago Sun-Times, the Washington Post, and numerous other outlets, a major investigation has been launched in New York looking into allegations of widespread sex crimes committed by Catholic Church priests that were subsequently covered up by church leadership. Sources indicate that the NY AG’s office issued civil subpoenas to all eight Catholic dioceses in New York state, following close on the heels of “shocking” grand jury reports in Pennsylvania of predator priests in more than 1,000 incidents involving approximately 300 priests across that state. As NBC posted, “New York Attorney General Barbara Underwood has subpoenaed all eight Roman Catholic dioceses in the state as part of her office’s investigation into the church’s handling of sex abuse allegations.” [Read more…]

Federal Judge Finalizes $245 Million Award to Plaintiffs in Johnson & Johnson Hip Implant Injury Bellwether Case

Federal Judge Finalizes $245m Award to Plaintiffs in Johnson & Johnson Hip Implant Injury Bellwether Case

District Judge Ed Kinkeade in Texas has finalized the $245 million judgments for New York plaintiffs reached by the jury in November 2017 in a bellwether case against Johnson & Johnson (J&J) over its allegedly defective DePuy Pinnacle metal-on-metal hip implants that failed, injuring patients across the U.S. (A bellwether trial is a case that the court and the parties select to test their arguments, with the goal of moving the overall larger litigation towards resolution.) The verdict, now final, is intended to compensate plaintiffs for past and future medical expenses, as well as for pain and suffering from hip implant failures. [Read more…]

USC President Steps Down In Wake of Tyndall Sex Abuse Scandal

USC President Steps Down In Wake of Tyndall Sex Abuse Scandal

University of Southern California President C.L. Max Nikias stepped down on Tuesday in the wake of the school’s sex abuse scandal over the decades-long conduct of campus gynecologist Dr. George Tyndall. USC’s Trustees appointed alumna and former Aerospace Corp. president Wanda Austin as interim president until a permanent replacement can be found. [Read more…]

Long Overdue Changes Emerging on Sexual Harassment as USC Gynecologist Scandal Widens

Long Overdue Changes Emerging on Sexual Harassment as USC Gynecologist Scandal Widens

Op-ed piece by Lieff Cabraser associate Laura Heiman & summer associate Rachel Green

The #MeToo and Times Up movements have changed the national and global conversation about sexual harassment and assault, heralding the rise of an important and long-needed cultural shift. The #MeToo movement‘s encouragement of survivors to come forward to share their stories in solidarity has sparked a marked increase in the public reporting of sexual misconduct. [Read more…]

First Trial to Raise Asbestos Link in Talcum Powder Ovarian Cancer Trial Wins $4.7 Billion Verdict

First Trial to Raise Asbestos Link in Talcum Powder Ovarian Cancer Trial Wins $4.7 Billion Verdict

The first case to formally allege a link between asbestos and Johnson & Johnson’s talcum powder causing ovarian cancer recently won a verdict of $4.69 billion at trial. The award included individual payments for each of the 22 plaintiffs, with a staggering $4.14 billion in punitive damages against J&J. As noted by Law360, “experts say [this] novel approach could represent a new stage for the myriad suits alleging talcum powder causes cancer.” [Read more…]

Ford Motor Co. to Settle its Takata Airbag Case for $300 Million

Ford Motor Co. to Settle its Takata Airbag Case for $300 Million

Automaker Ford Motor Co. has agreed to a $299.1 million settlement in the multidistrict Takata airbag defects litigation. Nearly 70 million airbags from more than nearly 20 different auto manufacturers worldwide have been recalled due to dangerous flaws in vehicle airbags manufactured by Japan-based Takata Corporation. [Read more…]

Staggering $4.7 Billion Verdict Against Johnson & Johnson in Talc Cancer Trial

Talcum powder linked to ovarian cancer

$4.1 billion in punitive damages against the company for covering up testing data and scientific studies it knew showed the cosmetic-grade talc contained asbestos

A Missouri federal court has ordered Johnson & Johnson to pay an extraordinary $4.7 billion to a group of injured women who alleged that talc products sold by J&J led them to develop ovarian cancer. The women had claimed the company’s talcum powder products contained asbestos and gave cancer to 22 women, six of whom have already died. [Read more…]

In Wake of USC Sex Scandal Huffington Post Publishes Primer on What Patients Should Expect and Accept During a Gynecologist Appointment

In Wake of USC Sex Scandal Huffington Post Publishes Primer on What Patients Should Expect and Accept During a Gynecologist Appointment

As outrage and media attention continue to escalate in the wake of the USC Dr. George Tyndall sex abuse scandal, the Huffington Post has published a helpful article on “What’s Not Normal (And What Is) When You Go To The Gynecologist.” Lieff Cabraser and other law firms have filed numerous lawsuits on behalf of women who allege they were sexually abused, harassed, and/or molested by gynecologist George Tyndall, M.D., while they were students attending the University of Southern California (“USC”). [Read more…]

New Study Shows Physician Burnout, Fatigue and Depression Lead to Major Medical Errors

New Study Shows Physician Burnout, Fatigue and Depression Lead to Major Medical Errors

According to the Institute of Medicine, medical errors contribute to an estimated 100,000 to 200,000 deaths per year. A new study conducted by Stanford University School of Medicine shows that physician burnout, fatigue, and depression can potentially lead to major medical errors, including errors in judgment, incorrect diagnoses, and technical errors. [Read more…]

New Embryo Preservation Law Aims at Government Oversight of Fertility Centers

Fertility clinic failures

Recent equipment failures in California and Ohio destroyed thousands of eggs, embryos

As reported by the Washington Post, Ohio state senator Joe Schiavoni is pressing for legislation intended to improve standards and operational security at fertility clinics that store human eggs and embryos for future use. Coming in the wake of failures at clinics in California and Ohio that led to the destruction of thousands of preserved eggs and embryos, the measure includes express penalties for clinics found to violate the new safeguards. Preliminary data from an investigation into March 2018 Cleveland clinic failures indicates the large-scale egg and embryo loss was largely preventable; health authorities in Ohio noted that the facility had previously reported recordkeeping deficiencies as well as insufficient communication mechanisms for potential preservation tank problems. [Read more…]

Outrage Grows as USC Tyndall Doctor Sex Abuse Scandal Widens

Outrage Grows as USC Tyndall Doctor Sex Abuse Scandal Widens

Widespread media attention and public awareness are growing in the wake of the filing of a class action lawsuit on behalf of women who were patients of gynecologist George Tyndall, M.D. as students at the University of Southern California (“USC”). [Read more…]