Articles Posted in Legal News

The CPAP recall lawsuits against Philips have spawned a new group of related satellite lawsuits against SoClean, Inc. SoClean is a company that makes a product that is specifically used to sanitize the recalled CPAP devices. So far around a dozen lawsuits have been filed against SoClean alleging that that company falsely marketed that their product was “safe” and “healthy” to use for sanitizing CPAP machines and other breathing devices. According to the lawsuits, SoClean’s product was not safe because it omits harmful levels of ozone gas which exceeded the maximum safe limits set by the FDA.

SoClean CPAP Sanitizing Machine Lawsuits

The SoClean lawsuits have been filed in 7 states including Texas, Georgia, Mississippi, Kansas, and Louisiana and they come after manufacturer Philips recalled millions of its CPAP (Continuous Positive Airway Pressure) breathing machines due to sound abatement foam that can degrade and release harmful chemicals. Earlier this month, a new Philips CPAP recall MDL was created in the Western District of Pennsylvania.

Ten years ago, I posted data showing the average personal injury verdict in Maine was approximately $27,000. These numbers do not tend to change much historically. So my guess is the average personal injury settlement in Maine is between $10,000 and $20,000.

But you really have to understand how useless that is if you have a personal injury claim in Maine and you are trying to calculate or predict your settlement compensation payout.

Sample settlements and verdicts are not necessarily much better at projecting settlement amounts. But these are weapons you can used to better understand potential settlement compensation for an injury case in Maine.

This week the MDL Judge in the Paragard IUD lawsuits will consider a motion to dismiss filed by the manufacturers of the defective birth control device. The Paragard MDL now has 550 individual cases by plaintiffs who claim that their Paragard IUD had a defect causing it to fracture during removal and leave broken pieces inside their uterus. Last month, the defendants in the Paragard lawsuits filed a motion to dismiss on the grounds that the plaintiffs’ failure to warn claims were preempted under federal law.

The MDL is currently balking at ruling on this motion and based on comments made at the motion hearing and subsequent proceedings in the MDL it seems highly unlikely that she intends to grant the motion. Instead, the MDL judge seems much more interested in getting the first bellwether trials scheduled.

Paragard Lawsuits Backstory

Hundreds of sunscreen recall lawsuits have been filed against Johnson & Johnson since the discovery of benzene in sunscreen prompted the company to recall 5 major brands of Neutrogena and Aveeno spray-on sunscreen. Thousands of additional sunscreen lawsuits are expected to be filed against J&J (and possibly other manufacturers) moving forward. These sunscreen lawsuits will likely be consolidated into a new “class-action” MDL.

In this post, we will evaluate how much these sunscreen recall lawsuits might eventually be worth (if they are successful) by comparing them to settlements in prior mass tort cases involving defective products and similar injuries.

UPDATE October 2021: in response to the recent discovery of benzene in spray-on sunscreen products, the FDA recently announced new quality control regulations for sunscreen protection products. The new rules will subject sunscreen to stricter labeling, testing and numerous other requirements in order to be deemed safe and effective by the FDA. 

The post is about the settlement compensation payouts you can expect in Pennsylvania.

A recent study of jury verdicts found that the average personal injury jury verdict in Pennsylvania is $903,705.00.pennslyvania injury verdicts

Now let’s turn the kaleidoscope and look at the median.  If you remember from the 9th grade, the median is found by ranking the data from biggest to smallest, and then identifying the middle of the data so that there is an equal number that is larger and smaller on each side.  If you had 1001 data points, the 500th biggest number would be in the middle.

For many groups of data, the gap between the average and the median is the same or very close to it.  With personal injury verdicts, they are usually light-years apart.  This is reflected in this new study that just came out in Pennsylvania.  The median compensatory award in Pennsylvania in the study was $45,000.00

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Our lawyers have been involved in the 3M earplug claims from the beginning.  Veterans calling us today are increasingly asking a new question: has the statute of limitations deadline passed to bring my 3M earplug lawsuit?

This is a battlefield in the Atkins trial which is now underway.  On September 29, 2021, the MDL trial judge ruled that whether or not the statute of limitations deadline has passed for the plaintiffs’ 3M earplug lawsuit is a question for the jury.  So when the deadline to file a 3M lawsuit in these cases is a moving target.

So my stock answer is that you should move your case forward as quickly as possible but there likely will not be a statute of limitations problem.  But the real answer is more complicated and that is what I want to explain to you today.

People who have developed Parkinson’s from Paraquat want to better understand the range of settlement amounts they can expect in their Paraquat lawsuit.

It is early in the Paraquat litigation so settlement compensation payouts are speculative.  But we can look at other similar injuries to try to get a settlement range if plaintiffs’ lawyers are successful, as expected, in this litigation.  The expected Paraquat settlement amounts will fluctuate as the litigation progress. So our lawyers will continue to update this page.  The last update was on September 20, 2021.

Paraquat Lawsuits

Yesterday afternoon, the first bellwether test trial in the hernia mesh litigation against C.R. Bard ended in a surprising loss for the plaintiff. The jury ruled in favor of the defense on all of the plaintiff’s product liability claims and award zero damages. In this post, we will look at how this happened and explain why it won’t have much impact on the big picture outcome of the hernia mesh litigation.

Johns v. Davol Inc., et al.: The First Hernia Mesh Bellwether Case

Utah resident Steven Johns underwent abdominal hernia repair surgery back in 2015. As part of the procedure, Mr. Johns’ surgeon implanted a Ventralight ST hernia mesh patch to help support and strengthen the surgically repaired muscle tissue. The Ventralight is part of a new line of permanent hernia mesh patches designed and manufactured by C.R. Bard Inc. (“Bard”).

Medical device company C.R. Bard Inc. is currently defending over 12,000 lawsuits alleging that its hernia mesh devices were defective and resulted in injuries and complications for thousands of hernia surgery patients.

This post will provide a brief historical overview of the hernia mesh lawsuits against C.R. Bard and look at the current status of the Bard hernia mesh class-action MDL as of October 25, 2021.

October 25, 2021 Bard Hernia Mesh Lawsuit Update

Ethicon (a Johnson & Johnson subsidiary) is defending over 3,000 lawsuits alleging that the defective design of its Physiomesh® hernia mesh product caused serious complications and injuries for surgery patients who had it implanted inside them.

The Ethicon Physiomesh hernia mesh lawsuits have been pending for 4 years and progress was significantly delayed by COVID shutdowns in 2020.

In this post, we will take a brief look at the Ethicon Physiomesh lawsuits and the current status of the Physiomesh class-action MDL as of September 2021.

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