Mass Torts Archives

Private Calif. Plaintiffs Seemingly Enforcing FDCA, Drug & Device Law Blog Says

April 12th, 2019|Categories: Complex Business Litigation, HB Tort Notes, Mass Torts|Tags: Emerging Litigation & Risk, Medical Malpractice, Personal Injury, Product Liability|

"Doctors treated two plaintiffs for severe psychological problems, ultimately employing defendant’s Thymatron System IV to perform electroconvulsive therapy. Plaintiffs claimed that, as a result, they suffered brain trauma, memory loss and other brain-related injuries. They filed product liability claims based, in the main, on the manufacturer’s alleged failure to report adverse events. The decision in Riera addressed summary judgment motions, ones filed by both the plaintiffs and the defendant. You don’t ordinarily see summary judgment motions by plaintiffs, and Riera is an example of why." Read the complete post by John J. Sullivan of Cozen O'Connor.

Attorney General Ferguson of Washington Sues State’s Top Opioid Distributers

March 20th, 2019|Categories: Class Actions, Emerging Litigation & Risk, HB Risk Notes, HB Tort Notes, Mass Torts|Tags: Drug Laws, Drugs & Devices, Healthcare|

“We are woefully under-resourced when it comes to treatment. The people who are responsible for this epidemic should being paying for it. We are going to hold these companies accountable and get more money into our communities for treatment.” --Washington AG Bob Ferguson The three largest distributors of prescription opioids in Washington State are being sued by Attorney General Bob Ferguson for fueling the state's opioid epidemic. Detailed in Ferguson's King County lawsuit are the billions of dollars made from these suspicious shipments of over 2 billion pills of unregulated oxycodone, fentanyl, hydrocodone and other opioids. "Prescriptions and sales of opioids in Washington skyrocketed more than 500 percent between 1997 and 2011. In 2011, at the peak of overall sales in Washington, more than 112 million daily doses of all prescription opioids were dispensed in the state — enough for a 16-day supply for every woman, man and child in Washington," according to the AG's announcement. "In 2014 McKesson, Cardinal Health and AmerisourceBergen shipped enough opioids to Pend Orielle County to supply every single resident with dozens of pills. In 2009, McKesson alone supplied enough for dozens of pills for every resident of the county. The specific shipment numbers are currently under seal." The accused distributors are in the top 15 Fortune 500 list based on 2017 revenue. In addition to the [...]

Foggan & Huggins on Opioid Litigation Defense Coverage

October 31st, 2018|Categories: HB Risk Notes, Insurance, Mass Torts|Tags: Comprehensive General Liability (CGL), Duty to Defend, Errors and Omissions (E&O), Insurance Companies|

Is a drug company that's sued in connection with the manufacture, promotion and distribution of opioids covered by its insurer for defense costs? According to Laura A. Foggan and Michael Lee Huggins of Crowell & Moring, LLP, that determination will come down to whether, in the relevant state, an accident takes place when either the act or the injury was unintentional, or whether an accident occurred if only the act was unintentional. This definition will vary by state, Foggan and Huggins wrote in California Litigation, published by the Litigation Section of the California Bar earlier this year. South Carolina may permit coverage if "either the act or the injury was unintentional," they explained. In Liberty Mutual v. J.M. Smith, the Fourth Circuit held that if a drug company failed to identify and alert regulatory agencies of suspicious drug orders, then there may be a duty to defend. But in California, the Crowell & Moring attorneys wrote, with that state's definition of "accident" a state appellate court in Travelers v. Actavis held that a "deliberate act is not an accident, even if the injury is unintentional, unless the injury was produced by an additional, unexpected, independent, and unforeseen happening." In that case drug company Actavis allegedly engaged in deceptive marketing in order to sell more opioids and reap more profits. According to Foggan and Huggins, [...]

Complex Post-Settlement Liens | CLE Course | Recorded July 26, 2018

September 1st, 2018|Categories: CLE OnDemand, Complex Business Litigation, HB Tort Notes, Mass Torts|Tags: Claims management, Lien Resolution, Settlements|

[two-fifths-first] Two ways to access this session. Get it direct from HB for just $197 for the video -- audio synced with slides. Or, it's included in your West LegalEdcenter (Thomson Reuters) subscription. ____________________ Speakers Franklin Solomon Solomon Law Firm Brett Newman Lien Resolution Group [/two-fifths-first] [three-fifths] Complex Post-Settlement Liens: Beyond Traditional Medicare and Medicaid Issues Take this highly practical course with two deeply experienced practitioners who share insights on issues that impact the cases on your desk today. Learn about the newest case law, agency positions and litigation tactics affecting health and disability plan reimbursement claims, including how to protect your clients and your practice in this rapidly developing area. Our speakers discuss: Medicare Advantage Plans Federal Employees Health Benefits Act (FEHBA) Plans Employee Retirement Income Security Act (ERISA) Claims Medicare set-asides TRICARE Veterans Administration Claims Speaker Bios Franklin P. Solomon | Solomon Law Firm Franklin Solomon has a nationwide practice focused on evaluation, litigation and resolution of healthcare lien/reimbursement claims. He represents personal injury victims and their attorneys in defending against claims by health plans and government benefits programs seeking payment out of tort recoveries. Most recently, he was plaintiffs’ counsel in two federal appellate court cases decided last summer: Wurtz v. The Rawlings Company, ___ F.3d ___, (2d Cir. 2014), a class action challenging New York insurers’ reimbursement claims [...]

HB Announces Alliance with Alliance of Women Trial Lawyers

August 28th, 2018|Categories: HB Tort Notes, Law Firm Operations, Mass Torts|Tags: Emerging Litigation & Risk, Law Practice Management, Trial, Trial Skills|

We are proud to announce our latest alliance with a new trial attorneys group just for women on the plaintiff side of tort litigation. Founded by plaintiff law conference veteran Nancy Holston, the Alliance of Women Trial Lawyers is committed to empowering these professionals, helping them to overcome "systematic obstacles and to realize greater self-sufficiency and wholeness through support, acknowledgement and utilization of dormant, yet innate strengths." Before founding the Alliance in July 2018, Nancy was a principal at 360 Advocacy and before that the first Executive Director of Mass Torts Made Perfect. Nancy is well-connected in the plaintiff bar and is excited by the initial reaction to her new venture. Nancy is equally inspired by the feedback she is getting for the Alliance's first national conference which will be held from Saturday, Oct. 27th through Monday, Oct. 29 at the Ritz-Carlton in New Orleans. The program features many of the leading women trial attorneys in the country and a range of topics on practice development, litigation strategy, preparing witnesses, jury selection, deposition skills, direct examination, opening arguments and ethical issues involved in settlements. "I admire anyone who takes a risk to do something they believe in, and Nancy has demonstrated both enthusiasm and commitment to improving the professional lives -- and personal lives, for that matter -- of women who represent plaintiffs in mass [...]

Right to Try Act: Commentary Roundup

July 20th, 2018|Categories: Complex Business Litigation, Corporate Compliance, HB Tort Notes, Mass Torts|Tags: Alternative Dispute Resolution (ADR), Arbitration, Mediation, Negotiation skills, Settlements|

A Life Saver, Political Grandstand, or Harmful Scam? Depends on Who You Ask. And When. It's been two months since President Donald J. Trump signed into law the Right to Try Act which allows terminally ill patients access to experimental drugs not yet approved by the FDA. Like many things in America in 2018, opinions on the efficacy of this new law vary along party or ideological lines. Will it give hope and precious life-extending solutions for patients fighting terminal disease? Or is it a money-driven scheme intended to enrich corporations and the super rich? Signed into law on May 24, 2018, is it something that can be implemented effectively? Here are a few quotes that explain the controversy. Additional commentary or insights welcome. Send yours to Editor@LitigationConferences.com. "Timely access to promising treatments in ... devastating circumstances." "This new law amends the Federal Food, Drug, and Cosmetic Act to establish a new pathway aimed at increasing access to unapproved, investigational treatments for patients diagnosed with life-threatening diseases or conditions who have exhausted approved treatment options and who are unable to participate in a clinical trial. Our implementation of the Right to Try Act will build on our long-standing efforts to help patients and families who are facing life-threatening diseases or conditions, in a way that seeks to protect their autonomy, [...]

Class Actions Weekly Roundup from Top Class Actions

March 31st, 2018|Categories: Class Actions, HB Tort Notes, Mass Torts|Tags: Drugs & Devices, Product Liability, Product Recall|

This roundup is prepared exclusively for HB Litigation Conferences by: Walmart Class Action Claims Glucosamine Tablets are Mislabeled Walmart has been hit with a class action lawsuit claiming that their store brand glucosamine tablets are mislabeled. Plaintiffs Cynthia Parker, Reba Garth, Margaret Herrin, and Shirley Reinhard allege that Walmart misrepresents its store-brand glucosamine sulfate dietary… Read More Sorin 3T Heater Cooler Lawsuit Alleges Serious M. Chimaera Bacterial Infection An Indiana man has filed a Sorin 3T heater cooler lawsuit against LivaNova PLC, alleging their cardiac heater cooler device had caused him to develop a potentially fatal infection. The claimant filed the Sorin 3T heater cooler… Read More Coca-Cola Seeks Dismissal of Diet Coke Class Action Lawsuit Coca-Cola asked a New York federal court to toss a class action lawsuit alleging the company’s use of the name “Diet Coke” is misleading. The company argues that claims against its use of the word “diet” in… Read More Couple Files Stryker Hip Recall Lawsuit Over Metallosis Complications Thousands of hip implants were affected by a Stryker hip recall after they were linked with serious complications, including metallosis. Some patients affected by these major side effects have turned to litigation, hoping to regain some… Read More Facebook Class Action Challenges Facial Recognition Technology Facebook faces a new class action lawsuit alleging that the social media site captured and stored biometric information of [...]

Top Class Actions’ Top Trends Affecting Class Actions in 2018

March 31st, 2018|Categories: Class Actions, HB Tort Notes, Mass Torts|Tags: Emerging Litigation & Risk, Multi-District Litigation (MDL), Product Liability|

Editor's Note: This article was written by Kim Gale at Top Class Actions and is reprinted here with the permission of the publisher. Scott Hardy, the company's President & CEO, is one of the speakers featured at HB's Class Action Mastery conference May 9-11, 2018 in New York. Top Class Actions is sponsoring that event and its companion program, Mass Tort Med School, the same week. As we come close to rounding out the first quarter of 2018, it is clear that several class action lawsuit trends from 2017 will continue to ripple through the court system this year. Class Action Lawsuit Stats Did you know three areas are responsible for a third of all class action lawsuits filed in the U.S.? The federal courts in California, Southern District (Miami) of Florida, and the Eastern District (Brooklyn) of New York keep lawyers and judges the busiest. In the initial nine months of 2017, a total 3,136 federal class action lawsuits were filed in those areas alone, according to an article published Dec. 9, 2017 by PorterWright.com. These statistics are apt to change because new Supreme Court decisions (Bristol-Myers Squibb v. Superior Court of California and BNSF Railway Co. v. Tyrrell) rein in a court’s jurisdiction and ability to litigate matters when residents from outside the court’s state make claims. These new decisions mean a [...]