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…]
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…]
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…]
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…]
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…]
U.S. District Judge Ed Kinkeade has selected seven DePuy hip injury bellwether cases to proceed to trial in the multidistrict injury litigation against Johnson & Johnson’s DePuy Orthopaedics Inc. unit. J&J had asked Judge Kinkeade to stay (pause) the cases pending J&J’s appeal of a previous $497.6 million injury-related verdict against the company, but he refused, slating the 7 bellwether cases to begin trials starting September 6, 2016. The other 8,800 cases in the MDL will be put on hold until all of the bellwether trials take place. [Read more…]
The British Medical Journal (BMJ) reports that nearly 250,000 Americans die every year as a result of medical mistakes in hospitals and other health care facilities — mistakes that are entirely preventable. Medical errors are now the third-leading cause of death in the U.S., after heart disease and cancer. In “The Real Cause of Deadly Medical Errors,” Ashish Jha outlines for Scientific American exactly what constitutes a medical error how this systemic failure results in wholly unnecessary suffering for patients. [Read more…]
Electronic cigarettes and vaping devices contribute to a $3.7 billion dollar annual industry, with sales expected to surpass traditional tobacco products within the next decade. As of 2015, there were more than 9 million adults regularly using e-cigarettes, as reported by a National Health Interview Survey (NHIS) conducted by the CDC. The study noted that nearly 1 in 8 (12.6%) of adults in the U.S. have tried an e-cigarette, and the percentage is even higher among individuals aged 18-24. Men are also more likely than women to have tried an e-cigarette. [Read more…]
According to a new study from Northwestern Medicine published in the journal Obstetrics and Gynecology, 22% of a series of high-risk medical devices approved for use in women between 2000 and 2015 won FDA approval based on flawed safety data. [Read more…]
On March 4, 2015, state health inspectors declared a rare “immediate jeopardy” ruling for certain medical scopes at Los Angeles’ UCLA Ronald Reagan Medical Center, which according to the inspectors put patients at risk by violating multiple safety standards. Inspectors discovered “staff using contaminated water and a tainted liquid cleaner dispenser being used to ready colonoscopes and other devices for the next patients,” as reported by the Los Angeles Times. Twenty-one days later, inspectors raised another immediate jeopardy notification again, this time for LA’s Cedars-Sinai Medical Center. [Read more…]
There are 251,454 deaths as a result of medical malpractice every year – this equates to nearly 700 deaths a day and makes up 9.5% of annual deaths in the U.S. According to Johns Hopkins University researchers, it is estimated that medical errors are now the third leading cause of death in the nation, following heart disease and cancer. Preventable medical errors in hospitals and other health care facilities claim the lives of Americans more than respiratory disease, accidents, stroke, Alzheimer’s, and diabetes. [Read more…]
The Third Circuit has unanimously affirmed an uncapped settlement between a group of former professional football players and the National Football League (NFL) over concussions and subsequent long term health effects from multiple head injuries to some players. [Read more…]
Numerous news outlets, including ESPN, NBC, and the Buffalo News are reporting that second-year Buffalo Bills linebacker AJ Tarpley has announced his retirement from football because of heightened concerns about the health risks of playing NFL football relating to concussion injuries. Tarpley’s statement noted that he’d suffered the third and fourth concussions of his career last year. The risks of continuing to play the sport he loves are seen as outweighing any satisfactions from the game, both personal and financial. [Read more…]
In 2013, the National Football League (NFL) agreed to pay $765 million to settle a lawsuit based on claims from more than 4,500 retired athletes and their families that League officials concealed the serious risks of dangerous head injuries from playing the aggressive sport. As reported by the Centers for Disease Control and Prevention (CDC), an estimated 1.6 to 3.8 million sports-related concussions occur each year nationwide.
The Florida Supreme Court ruled this week that the widow of a smoker who died of lung cancer can seek punitive damages against R.J. Reynolds Tobacco Co., marking a significant win for injured smokers and families of deceased smokers who have been fighting cigarette companies in Florida courts over the past 20 years.
As reported by Scientific American, recent studies reveal that concussions are now known to be much more serious injuries than once thought. New research published in the Canadian Medical Association Journal reveals that even mild “ordinary” concussions may well be more detrimental than anyone anticipated; the study found that for individuals who have experienced even a single concussion, the long-term risk of adult suicide increases threefold.
The New York Times reports that Ken Stabler, iconic football star quarterback of the 1970s, suffered greatly from the deprivations of chronic traumatic encephalopathy (CTE) before his death last summer at 69, including rapid declines in his thinking and other progressive brain damage. Earlier, Stabler had added his name to the class-action lawsuit brought by former players against the NFL seeking damages from decades of concussions. [Read more…]