mass torts Archives

J&J Hit with $120 Million Verdict at Mesh Trial

May 13th, 2019|Categories: Complex Business Litigation, HB Risk Notes, Mass Torts|Tags: complex litigation, mass torts, medical malpractice, personal injury, Product Liability|

A Philadelphia jury returned a $120 million verdict against Johnson & Johnson after finding that a negligently designed pelvic mesh implant caused chronic pain and suffering, which left plaintiff Susan McFarland incontinent and unable to have sex for the last 10 years. McFarland alleged the implant she received in 2008 caused the product to saw through the soft tissue in her pelvis and become exposed in her vagina. She had to undergo a second surgery to remove a portion of the implant (Susan McFarland,et al. v. Ethicon Inc., et al., No. 130701577, Phila. Comm. Pls. Ct.). This is the second of two trials. The jury in the first trial was deadlocked, unable to agree on the extent of negligence of the design of the Ethicon product. Tracie Palmer, McFarland’s attorney, added in the second trial that the vaginal mesh was on market prior to clinical studies determining its safety and efficacy. Defense attorney Adam Spicer maintained that the chronic pain McFarland experienced could be due to other causes, including her age. He said the product had been used for years prior. McFarland’s case is one of more than 100,000 cases brought together in the MDL, down from nearly 105,000 cases against seven manufacturers. The MDL will be closing and there will be two more waves of trial, with next wave comprising [...]

Philadelphia Jury Hits J&J with $120M Award in Mesh Injury Case — Law360

April 25th, 2019|Categories: Complex Business Litigation, HB Tort Notes, Mass Torts|Tags: mass torts, medical malpractice, personal injury, Product Liability, Settlements|

[one-half-first][/one-half-first] [one-half] "Jurors credited claims from Susan McFarland that the negligent design of a mesh implant she received in 2008 caused the product to saw through the soft tissue in her pelvis and become exposed in her vagina. She was eventually forced to undergo a second surgery to remove a portion of the implant. "The pain she’s been left with as a result of the complications, she says, has prevented her from having sex with her husband for the last 10 years. "This is the second time jurors have been asked to determine whether McFarland and her husband should be awarded damages for injuries she attributes to alleged defects in a so-called TVT-O implant she received to treat urinary stress incontinence." Read the complete article on Law360 here. [/one-half]

Top Class Actions: Vaccine Litigation Case Roundup

April 19th, 2019|Categories: Class Actions, HB Risk Notes, Mass Torts|Tags: class actions, emerging litigation, mass torts, personal injury, Product Liability|

[one-half-first][/one-half-first] [one-half]There have been numerous lawsuits filed alleging injuries caused by the shingles vaccine Zostavax. Cases have stated they were not warned of the adverse side effects of the vaccine alleging it caused the diseases it is meant to prevent, among other things. Here is what the CDC says to consumers: “Your risk of shingles and postherpetic neuralgia (PHN) increases as you get older. CDC recommends that people 60 years old and older get shingles vaccine (Zostavax®) to prevent shingles and PHN. Shingrix (recombinant zoster vaccine) is the preferred vaccine, over Zostavax® (zoster vaccine live), a shingles vaccine in use since 2006. Zostavax may still be used to prevent shingles in healthy adults 60 years and older. For example, you could use Zostavax if a person is allergic to Shingrix, prefers Zostavax, or requests immediate vaccination and Shingrix is unavailable. Zostavax (zoster vaccine live) was licensed by the FDA in 2006. This vaccine reduces the risk of developing shingles by 51% and PHN by 67%. It is given in one dose as a shot, and can be given in a doctor’s office or pharmacy.“ Read more: https://www.cdc.gov/vaccines/vpd/shingles/public/zostavax/index.html The vaccine is produced by Merck & Co. Their product information can be found here: https://www.merckvaccines.com/Products/Zostavax Here is a roundup of the cases filed. [/one-half] 1.Husband and Wife File Zostavax Shingles Vaccine Lawsuit "A North Carolina husband and [...]

The Need for Real MDL Rules Will Only Grow More Acute — Drug and Device Law Blog

April 16th, 2019|Categories: Complex Business Litigation, HB Tort Notes, Mass Torts|Tags: complex litigation, Drugs & Devices, emerging litigation, mass torts, mult--district litigation (MDL)|

By Bexis [one-half-first].[/one-half-first] [one-half]"In the ensuing procedural gamesmanship, plaintiffs are in the process of losing one of the main ways they gamed the system to keep diverse cases in state court – the so-called 'forum defendant rule' whereby even a diverse action could be kept in state court by the presence of defendant domiciled in the plaintiff’s chosen forum. The forum defendant rule applies only to parties 'properly joined and served,' and technologically-savvy defendants have discovered that, by monitoring electronic dockets, they can remove diverse cases faster than plaintiffs can serve forum defendants. We call this 'pre-service,' 'snap,' or 'wrinkle' removal, and we’ve chronicled (and advocated) its rise since 2007." Read the complete post by Bexis on Drug and Device Law Blog here. [/one-half] This is an excellent blog. One of my favorites. It's unapologetically defense-oriented, of course. A phrase like "gamed the system" is practically an invitation for rebuttal! So if you would like to respond, rebut, or rebuke, please write to us at Editor@LitigationConferences.com. --Tom Hagy, HB

A Generic Drug Failure to Warn Claim? –Michelle Hart Yeary

April 14th, 2019|Categories: Complex Business Litigation, HB Tort Notes, Mass Torts|Tags: Drugs & Devices, emerging litigation, Litigation & appeals, mass torts, Product Liability|

[one-half-first][/one-half-first] [one-half] "Rather than focusing on what plaintiff’s off-label marketing claim really was – a claim that defendant’s label should have contained different information or warnings about off-label uses – an impliedly preempted claim, the court got distracted trying to fit the case in under Bausch and started talking about parallel violation claims. "The court found that because plaintiff was alleging a violation of federal regulations, his claims “run parallel to [defendant’s] state law duties,” and thus were not preempted. The problem with this is that Mensing is not an express preemption case. It was an implied preemption case, and the district court had no business applying 'parallel claim' analysis to implied preemption, where a 'parallel claim' exception does not exist. It makes no difference whether plaintiff’s off-label promotion claim is 'parallel' to federal regulations, defendant could not have offered any different warning so any claim that the warning or information it provided was inadequate is preempted under Mensing. The court was trying to fit a square peg into a round whole – and the only way that works is to cut off the corners." Read the complete post by Dechert's Michelle Hart Yeary here! [/one-half]

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, mass torts, 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: class actions, Drug Laws, Drugs & Devices, Healthcare, mass torts|

“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, mass torts|

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, [...]

Cyber Insurance Policy Language Review: A Deep Dive Into Key Policy Provisions and Important Differences Among Cyber Policies | Oct. 25, 2018 | Now On-Demand!

October 3rd, 2018|Categories: HB Risk Notes, Insurance, Technology Law|Tags: Business Interruption, class actions, cybersecurity, Insurance Companies, mass torts|

[one-third-first] Now Available On Demand PLACE: Your computer or mobile device PRICE: $197 CLE: 1 credit Please send CLE questions to CLE@LitigationConferences.com SPEAKERS: Judy Selby Principal Judy Selby Consulting LLC Scott Godes Partner Barnes & Thornburg Please contact us with any registration questions: Brownie.Bokelman@LitigationConferences.com Kathleen.McFadden@LitigationConferences.com Your registration includes: • A site license to attend this webinar (invite as many people in one location as you can fit around your computer at no extra charge). • Downloadable PowerPoint presentations from our speakers. • The opportunity to connect directly with speakers via email to HBWebinars@LitigationConferences.com • At least one-hour of CLE credit. Produced in collaboration with Judy Selby Consulting LLC Also available as part of your subscription at the Thomson Reuters West LegalEdcenter. [/one-third-first] [two-thirds] What's in your cyber policy? Cyber insurance can provide a lifeline to companies dealing with today’s high stakes and constantly evolving cyber risk and regulatory compliance landscape. But not all cyber policies are created equal, and a single policy word can mean the difference between a covered and an uncovered claim. In this session, we analyze various cyber insurance coverage terms, conditions, and exclusions and describe how the words can impact coverage for real-life claims. What you will learn: • Important differences among generally available insurance coverages for cyber and privacy risks • Understanding basic cyber insurance policy conditions and [...]

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

September 1st, 2018|Categories: Complex Business Litigation, HB Tort Notes, Mass Torts, Torts-On-Demand-CLE|Tags: Claims management, class actions, lien resolution, mass torts, 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, Law Practice Management, mass torts, 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 [...]

Class Actions Weekly Roundup from Top Class Actions

March 31st, 2018|Categories: Class Actions, HB Tort Notes, Mass Torts|Tags: class actions, Drugs & Devices, mass torts, 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 [...]