New York Court Denies NFL’s Bid to Throw out CTE Injury Lawsuit

New York Court Denies NFL’s Bid to Throw out CTE Injury Lawsuit

As reported by Law360 (subscription), New York Supreme Court Justice Manuel J. Mendez has denied the NFL’s attempt to dismiss a personal injury lawsuit involving the 2013 death from chronic traumatic encephalopathy (CTE) of former football player Arthur DeCarlo, Sr. Among other things, Judge Mendez ruled that the statute of limitations had not passed due to the fact that DeCarlo Sr.’s neurological illness, CTE, was not discoverable until an autopsy was performed after his death. [Read more…]

Over 650,000 Vehicles Added to Takata Airbag Recall, Including Tesla, BMW & Nissan

652,000 More Vehicles Added to Takata Airbag Recall, Including Tesla, BMW & Nissan

Over a dozen automakers, including Tesla, BMW and Nissan, have recalled 652,000 more vehicles containing the faulty Takata airbag inflators, which can explode upon impact in an accident and dangerously shoot out metal debris from the casing towards drivers and passengers. This recall is expected to start in February. The newly added vehicles join 6 million already recalled in the U.S., and 34 million more worldwide. [Read more…]

Judge Reduces $1 Billion DePuy Pinnacle Hip Injury Jury Verdict Per Supreme Court Limits

Judge Reduces $1 Billion DePuy Pinnacle Hip Injury Jury Verdict Per Supreme Court Limits

On December 1, 2016, a Texas jury found in favor of six plaintiffs in a trial against Johnson & Johnson and its subsidiary DePuy Orthopaedics over injuries relating to the companies’ Pinnacle brand metal-on-metal hip implants that failed in many patients. As reported by Law360, on January 3, 2017 U.S. District Judge Ed Kinkeade reduced the more than $1 billion in punitive damages the jury awarded in the case to $543 million in light of Supreme Court precedent finding constitutional limits to punitive damage awards. [Read more…]

Criminal Trial Begins for Pharmacy Exec Following Deaths Across U.S. from Contaminated Meningitis Meds

Criminal Trial Begins for Pharmacy Exec Following Deaths Across U.S. from Contaminated Meningitis Meds

As reported by USA Today, criminal prosecution of those allegedly responsible for the 2012 distribution of contaminated and lethal back pain medication begins this week as the first pharmacy executive involved goes to trial in federal court in Boston. The criminal prosecution follows a federal probe and two years of civil litigation, as hundreds were injured and at least 76 died after contracting fungal meningitis from the contaminated steroid injections. [Read more…]

U.S. Vehicle Safety Officials Investigating Fiat Chrysler Roll-Away Crashes

U.S. Vehicle Safety Officials Investigating Fiat Chrysler Roll-Away Crashes

The National Highway Traffic Safety Administration (NHTSA) is investigating a potential Fiat Chrysler auto defect, in which the vehicles roll away despite being shifted into park. U.S. auto safety regulators will be inspecting about 1 million 2013-2016 model year Ram 1500 pickup trucks and 2014-2016 Dodge Durango SUVs in the wake of numerous vehicle roll-away reports. These auto injury reports have included nine injuries and 25 crashes so far. [Read more…]

Bristol-Myers Squibb Pays $19.5 Million Over Improper Abilify Drug Marketing

Abilify Gambling Addiction Injuries

Bristol-Myers Squibb has agreed to pay $19.5 million to settle claims of improper advertising relating to its top-selling drug Abilify. 42 states and Washington D.C. alleged that the company improperly advertised antipsychotic drug Abilify, first approved in 2002 by the FDA to treat schizophrenic in adults. However, Bristol-Myers Squibb thereafter began promoting Abilify for off-label uses not approved by the FDA. These off-label uses had not been established as safe or effective. [Read more…]

Single Concussion Can Have Serious Negative Lasting Impact – NY Times

Single Concussion Can Have Serious Negative Lasting Impact

The New York Times has reported on a new study of over 100,000 head injury victims indicating that a single concussion in a teenager or younger child can have “lasting repercussions on mental health and intellectual and physical functioning throughout adulthood,” and further that multiple concussions notably increase the risks of later problems. [Read more…]

Talc As The New Tobacco – Elizabeth Cabraser Comments on Talc Lawsuits Against Johnson & Johnson

Is Talc The New Tobacco?

Law360 notes that multiple trial victories in Missouri state court totaling $200 million against Johnson & Johnson’s talc baby powder product have shed light on the seeming parallels between the litigation on talc injuries and the long-running cases against tobacco companies. It seems in both instances, misleading product advertising and failures to adequately inform the public of product health risks were tragic way stations on paths that led to serious personal injuries and wrongful deaths. [Read more…]

Consumer Reports Warns of Deadly Infections From Surgical Heater-Cooler Devices

Consumer Reports Warns of Deadly Infections From Surgical Heater-Cooler Devices

Fifteen patients at Greenville Medical Center in South Carolina have been diagnosed with a rare infection known as non-tuberculosis mycobacteria (NTM), which has been linked to heater-cooler devices (HCDs) used in certain heart and lung operations. Four out of the fifteen patients have already died from the infections. [Read more…]

Riverside County Crash Death Linked to Defective Takata Airbags – 11th U.S. Victim

Riverside County Crash Death Linked to Defective Takata Airbags – 11th U.S. Victim

A 50-year-old woman driving a 2001 Honda Civic died in a September 30 Riverside County car crash when her airbag failed to deploy, becoming the 11th known U.S. victim of defective Takata airbag inflators. This brings the total number of deaths to as many as 16 worldwide. To date, the Takata airbag recall is the largest automotive recall in U.S. history, affecting “1 out of every 7 vehicles on American roads today,” as noted by KTLA. [Read more…]

The FDA Wants Consumers to Report Problems with MedWatch

FDA Invites Consumers to Report Problems to MedWatch

The U.S. Food and Drug Administration (FDA) has enhanced its MedWatch program and is actively asking consumers to report adverse events and serious safety issues with regard to FDA regulated products, whether they be medications, medical devices, or food products. The FDA encourages strongly consumers to use the MedWatch platform, first created in 1993, to report experiences with problematic products that seem to have unexpected side effects, injurious medical errors, therapeutic failures, issues with product quality, and any other safety hazards. [Read more…]

Abilify Gambling Lawsuits Consolidated in Florida Federal Court

Abilify Gambling Lawsuits Consolidated in Florida Federal Court

The Judicial Panel on Multidistrict Litigation has consolidated more than 20 lawsuits against Bristol-Myers Squibb Co. over claims of pathological gambling side effects in patients using the antipsychotic drug Abilify in federal court in Florida. The serious impulse-control problems described in the complaints reportedly stop when the medicine is discontinued. 22 actions pending in 12 districts will be centralized under Chief District Judge M. Casey Rodgers. [Read more…]

GM Auto Recall of 4.3 Million Vehicles Due to Airbag Software Defect

GM Auto Recall of 4.3 Million Vehicles Due to Airbag Software Defect

General Motors will voluntarily recall nearly 4.3 million vehicles worldwide due to an airbag software defect linked to at least one death and three injuries in the United States. The defect purportedly prevents the airbags from inflating in a car accident. The auto recall affects about 3.64 million vehicles in the U.S., including trucks, cars, and SUVs with the 2014-2017 model years. [Read more…]

Lieff Cabraser Announces Filing of Personal Injury Lawsuit Against Bristol-Myers Squibb and Otsuka Pharmaceutical for Damages Caused by Abilify Prescription Drug

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Gambling addiction lawsuit alleges claims including Strict Liability, Negligent Misrepresentation, and Fraudulent Concealment, and seeks damages for neuropsychiatric, mental, physical, and economic damages, as well as punitive damages

Lexi J. Hazam of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP, announces that Rikki Carlson of Fall River, Massachusetts, has filed a personal injury lawsuit against Bristol-Myers Squibb Company, Otsuka Pharmaceutical Co., Ltd., and Otsuka America Pharmaceutical, Inc. (“Defendants”) for damages suffered as a direct and proximate result of Defendants’ wrongful conduct in connection with the development, design, testing, labeling, packaging, promoting, advertising, marketing, distribution, and selling of the blockbuster prescription drug Abilify.

[Read more…]

Texas Law Leads to Reduction of $496 Million Hip Defect Judgment Against DePuy

Texas Law Forces Huge Cut in $496 Million Hip Defect Judgment Against DePuy

As reported by Law360 (subscription), U.S. District Court Judge Ed Kinkeade has reduced a $496 million judgment against Johnson & Johnson’s DePuy Orthopaedics in five combined Pinnacle implant hip injury bellwether trials to keep the amount in line with the Texas punitive damages cap. Attorneys in the case indicate the new overall amount assessed against DePuy for its allegedly defective and dangerous Pinnacle hip implants will be closer to $150 million. A jury in the consolidated trial in Dallas had found the companies liable for serious health problems, including bone erosion and metal poisoning, that plaintiffs claimed were directly related to the metal-on-metal hip implants. Judge Kinkeade lowered the $360 million punitive damages award by $350 million in the face of Texas’ statutory $10 million limit on punitive damages. [Read more…]

$127 Million Verdict Against Johnson & Johnson in Talcum Powder Lawsuits

$127 Million Verdict Against Johnson & Johnson in Talcum Powder Lawsuits

New Jersey-based health care company Johnson & Johnson has lost two trials in St. Louis over claims its talcum baby powder product is linked to ovarian cancer. The verdicts total $127 million – $55 million was awarded to plaintiff Gloria Ristesund in May 2016 and $72 million to the estate of Jacqueline Fox in February. [Read more…]

Nationwide Ikea Furniture Recall: 29 Million Dressers Recalled after Six Children Killed

Ikea Furniture Recall: 29 Million Dressers Recalled after Six Children Killed

Swedish retailer Ikea is recalling 29 million chests and dressers in the United States and Canada after the death of six children linked to a severe furniture tip-over hazard when the pieces are not properly secured. All of the children killed were 3 years old or younger. [Read more…]

Second J&J DePuy Pinnacle Bellwether Trial Receives Nearly $500 Million Verdict

Second J&J DePuy Pinnacle Bellwether Trial Receives Nearly $500 Million Verdict

In the second multidistrict bellwether trial over allegedly defective DePuy Pinnacle hip implants, a Texas jury awarded a $497.6 million in a verdict against Johnson & Johnson. The five plaintiffs in the aggregate trial who sued over health problems from the metal hip implant devices received $360 million in punitive damages. [Read more…]

$1 Billion Settlement Approved in NFL Concussion Case

$1 Billion Settlement Approved in NFL Concussion Case

Last April, U.S. District Judge Anita Brody approved an uncapped settlement of nearly $1 billion in the NFL concussion class action lawsuit, where about 5,000 former professional football players sought damages for their suffering from concussions and head trauma linked to playing pro football. These repetitive head injuries could lead to a degenerative brain condition known as CTE. [Read more…]