Wendy Fleishman in Law360 on NY Court’s Thoughtful Resolution of Challenging Legal Issue in Newborn Injury Case

Wendy Fleishman on Birth Claims Timing

As reported by Law360, New York’s highest court has issued a ruling in favor of two couples whose children were born with genetic defects that would have been avoided had the fertility clinic involved been forthcoming about the medical condition of the egg donor. The case’s progression hinged on a timing issue, that of when the statute of limitations should be held to run for the couples to take legal action. The clinic argued the couples’ window for a lawsuit should open at embryo implantation; the couples’ argument was that it should instead run from the time of birth — the point where the couples could reasonably have discovered the problem and when the extraordinary medical expenses for dealing with the problem would commence. [Read more…]

AAJ Report: Worst Corporate Conduct of 2017

AAJ Report: Worst Corporate Conduct of 2017

The American Association for Justice (AAJ) has published “Worst Corporate Conduct of 2017,” a report detailing “this year’s worst corporate offenders, the aggressive corporate culture plaguing in the United States, and the need for a strong civil justice system to ensure consumers and workers can hold corporations accountable and deter corporate misconduct.” [Read more…]

New Zealand Becomes First Major Country to Ban Vaginal Mesh Implants

New Zealand Becomes First Major Country to Ban Vaginal Mesh Implants

New Zealand has become the first major country to effectively ban surgical mesh implants for all pelvic operations in response to safety concerns and reported mesh hazards. The order from the country’s Ministry of Health is intended to force mesh suppliers to stop marketing the mesh products or prove that they are safe to use. [Read more…]

Brain Scan Reveals CTE in Ex-NFL Player for the First Time

Brain Scan Reveals CTE in Ex-NFL Player for the First Time

It has taken four years, but doctors have been able to confirm that they can now use brain scans of the living to find evidence of chronic traumatic encephalopathy (CTE). Previous approaches to detecting the disease, which appears to affect a disproportionate number of professional football players, could only find evidence of the debilitating and lethal condition once a victim had died. [Read more…]

Judge Grants Final Approval to $741M Takata Airbag Settlement

Judge Grants Final Approval to $741m Takata Airbag Settlement

A Florida federal judge has granted final approval to an aggregate settlement of $741 million with Toyota, BMW, Subaru and Mazda over claims relating to vehicles containing dangerous and defective Takata airbags, linked to more than 100 injuries and 19 deaths worldwide. [Read more…]

New Talc Injury Trials Focus on How Asbestos Can Contaminate Talc

Johnson & Johnson’s Talcum Powder Accused of Asbestos Contamination

The focus of some trials against Johnson and Johnson (J&J) over the link between the company’s talcum powder products and women’s terminal ovarian cancer has shifted to the connection between the talc itself and contamination from asbestos, a fiber that includes the mineral chrysotile and has been known for decades to lead to deadly diseases such as mesothelioma, asbestosis, and cancer. [Read more…]

4,800 Women Sue Johnson & Johnson Over Baby Powder Product Linked to Ovarian Cancer

4,800 Women Sue Johnson & Johnson Over Baby Powder Product Linked to Ovarian Cancer

The New York Times reports that as of July 2017, 4,800 women are suing pharmaceutical and consumer products giant Johnson & Johnson (J&J) over ovarian cancer injuries allegedly caused by long-term use of J&J’s talc baby powder products. According to the paper, unlike many large-scale injury cases, “the plaintiffs [in talc] are not working as a team. They are taking the company to court one at a time.” [Read more…]

FDA Optimistic New Disposable Caps on Medical Scopes Will Help Fight Superbug Infections

FDA Optimistic New Disposable Caps on Medical Scopes Will Help Fight Superbug Infections

With nearly 700,000 endoscopic procedures done every year in the U.S., the Food and Drug Administration (FDA) is eager for remedies to prevent “superbug” infection outbreaks that have plagued patients and hospitals alike. A change to duodenoscope design by Japanese device maker Pentax that involves the use of disposable device caps has federal officials optimistic about potential reductions in infections that will protect patient health.

[Read more…]

Pennsylvania Jury Hits Johnson & Johnson with $57.1 Million Damages Verdict in Pelvic Mesh Implant Injury Trial

Transvaginal Surgical Mesh Injury Lawsuits

A jury in Philadelphia has awarded over $57 million in damages to a woman who alleged that surgical mesh manufacturer Johnson & Johnson was responsible for serious mesh-related injuries that left her internally scarred and incontinent. The award, the largest so far in several recent mesh injury trials in the state, includes $50 million in punitive damages for negligence and defective design by J&J and its subsidiary Ethicon, Inc. [Read more…]

Concussion Expert Says Youth Football is the “Definition of Child Abuse”

Concussion Expert Says Youth Football is the “Definition of Child Abuse”

A recent study published in The Journal of the American Medical Association (JAMA) revealed that 110 of the 111 National Football League (NFL) players whose medical records were analyzed suffered from chronic traumatic encephalopathy (CTE) due to repetitive head trauma. Forensic neuropathologist Dr. Bennet Omalu, whose work uncovered the core connection between playing tackle football and near-inevitable serious brain injury and whose life was dramatized in the 2015 Will Smith movie “Concussion,” states that this newest study confirms how harmful playing the aggressive sport can be. He goes as far as to say that letting the young play football is the “definition of child abuse.” [Read more…]

Expert in 1st CA Talc Cancer Trial Says Talc is Toxic, Causes Cancer

Talcum powder, baby powder

In the first California jury trial on claims that long-term use of Johnson & Johnson’s talc products can cause ovarian cancer, plaintiff’s expert toxicologist and pharmacologist Laura Plunkett testified that talc is toxic and causes cancer. Based on her experience and training as well as review of relevant scientific literature, Plunkett determined that “talc is toxic, and when used on a woman’s genital area, can cause ovarian cancer….” As noted by Law360 (subscription), Plunkett cited studies indicating regular small-dose application of talc was “key” to seeing the potentially lethal effects. [Read more…]

Exploding Takata Airbag Kills Florida Driver in Car Crash

Exploding Takata Airbags

In the newest fatality relating to defective Takata airbags, a Florida driver was killed in a car accident when the inflator in a Takata airbag suddenly ruptured and exploded. The individual was driving a 2002 Honda Accord whose airbags had not been fixed in the massive Takata recall and repair scheme. As reported by the Los Angeles Times, “if the airbag [indeed] caused the death, it would be the 19th death worldwide and the 13th in the U.S. blamed on the inflators.” [Read more…]

New Study Finds Correlation Between Playing Professional Football and CTE

New Study Finds Correlation Between Playing Professional Football and CTE

The Journal of the American Medical Association recently published a study, conducted by neuropathologist Dr. Ann McKee, which examined the brains of 202 deceased football players from every position on the field – quarterbacks, running backs, offensive and defensive lineman, ranging from high school, college, and at the professional level. [Read more…]

Lieff Cabraser Files Morcellator Wrongful Death Case in New Jersey

Lieff Cabraser Files Morcellator Wrongful Death Case in New Jersey

Lieff Cabraser has filed a product liability and negligence wrongful death lawsuit in federal court in New Jersey against surgical tool maker Karl Storz GMBH & Co. relating to its power morcellator surgical tool and allegedly increased cancer risks relating to the device’s use in hysterectomies. [Read more…]

Takata Recalls An Additional 2.7 Million Airbags Over Hazardous Defect

Takata Recalls An Additional 2.7 Million Airbags Over Hazardous Defect

Takata Corp. has announced plans to recall another 2.7 million faulty airbag inflators that were built between the years 2005- 2012 and installed in Ford, Nissan and Mazda vehicles sold in the U.S. This addition expands Takata’s airbag recall, already the largest automotive industry recall in U.S. history, over dangerously explosive airbags that have been tied to at least 11 deaths. [Read more…]

Federal MDL Created for Stryker LFIT Anatomic CoCR V40 Prosthetic Hip in the District of Massachusetts Before Judge Indira Talwani

Federal MDL Created for Stryker LFIT Anatomic CoCR V40 Prosthetic Hip

LFIT V40 Femoral Head Recall

The Judicial Panel on Multidistrict Litigation (JPMDL) has created new MDL No. 2768 to hear products liability litigation involving the Stryker-branded LFIT Anatomic CoCR V40 femoral heads, a prosthetic hip replacement device. [Read more…]

Congressional Bill HR 1215 Will Restrict Americans’ Rights to Obtain Justice in Medical Malpractice Cases

American Healthcare issues

Congress is about to vote on a bill that could restrict the rights of all Americans to obtain justice in our court system in cases of medical malpractice, including in cases involving negligent nursing homes and defective prescription drugs and medical devices. This bill would tip the scale against injured patients and their families in favor of the insurance industry and other large corporations. [Read more…]

New Lawsuit Accuses J&J of Targeting Minority Women with Deadly Talc Products

Talcum powder linked to ovarian cancer

According to plaintiff lawyers in a new talc injury trial commencing in Missouri, Johnson & Johnson worked to increase sales of its talc powder products by specifically targeting African-American women — women who already face a higher cancer risk relating to talc use. The lawsuit is being brought on behalf of three African-American women who died of ovarian cancer after long term use of Johnson & Johnson’s talcum powder products. [Read more…]