A request by Depuy Orthopaedics Inc. to delay more trials concerning its Depuy Pinnacle hip implants is pending in the federal court in charge of thousands of cases against the company. The request came from Depuy on May 24. Depuy asks the Court to hold off on further trials…
North Carolina Product Liability Lawyer Blog
Transvaginal Mesh: Chilling Allegations in State Lawsuits Against Johnson & Johnson
So maybe you’ve heard the news that Washington and California recently sued Johnson & Johnson for misrepresenting the safety of its transvaginal mesh (or “pelvic mesh”) products. I pulled the Washington lawsuit and read it. It is alarming. If Washington can prove the allegations in the complaint, it will be…
Zofran Lawsuits: Use During Pregnancy Alleged to Cause Birth Defects
Pregnancy brings with it many physical challenges, including nausea and vomiting which impact about 80% of pregnant women. It can range from being a minor issue to a potentially serious health risk, depending on the severity of the nausea and health of the mother. The drug Zofran is designed to…
My Depuy ASR Hip Is Still Implanted: Do I Have a Claim for Compensation?
I have been getting a few calls recently from people who still have the Depuy ASR hip implanted in one or both hips. They are asking the right questions: Are the metal levels in my blood too high? How will metallosis affect my long-term health? Will the component slip on…
Cook IVC Filter Litigation: “Discovery” Allowed on Cook’s Failure to Report Risks
In every lawsuit the court issues key rulings which will impact the outcome of the case. By “court” I mean the presiding judge. Some court decisions end the lawsuit (e.g., a judge granting a defendant’s summary judgment motion). Some decisions kick a leg of the stool out from under one…
Cook IVC Filter: Injuring Patients, Lawsuits Mounting
When medical devices work as intended they are wonderful things. They can extend lives and improve the quality of life for patients and ease the stress on patients’ families. When they don’t work as intended medical devices can do more harm than good, possibly killing the patient. One example is…
Loss of Consortium in Transvaginal Mesh, Artificial Hip, IVC Filter Cases
Most people have heard of the claim “loss of consortium.” It comes from the root word consort meaning to associate, to spend time, to hang out with. The definition of the legal claim goes like this: loss of consortium is a claim for (money) damages by the spouse or close…
Transvaginal Mesh Lawsuits: $4.4 Million Jury Verdict, Appeal of $11.1 Million Award
(Part 6) Let’s get back to a look at recent developments with transvaginal mesh lawsuits. In two big victories recently, a Georgia jury awarded $4.4 million to a woman injured by transvaginal mesh, and a New Jersey appeals court upheld an $11.11 million dollar jury verdict. Transvaginal mesh (TVM) is…
Bard IVC Filter Statute of Limitations Court Order a Victory for Injured
I would chalk up this court decision as a victory for any injured person dealing with the C.R. Bard IVC filter. I would also chalk up the decision as yet another example of the complexities of handling statutes of limitations in defective product cases. As always, let’s take a step…
Your Product Liability Case and the (Dreaded) Statute of Limitations
The statute of limitations can be the strongest defense a product manufacturer will bring to defend itself and avoid paying money in a product liability lawsuit. It can be deadly to your medical device or drug case. The problem is, determining the proper deadline to bring your lawsuit is rarely…