United States of America

Last week, in Siebert v. Okun, the New Mexico Supreme Court ruled that the state’s damages cap in medical malpractice cases was constitutional, concluding the law did not violate the right to a trial by jury. This ruling struck down the Bernalillo County District Court’s 2018 ruling on Siebert v. Okun.

New Mexico’s Medical Malpractice Act

The New Mexico legislature passed the Medical Malpractice Act in 1976. The law caps damages in medical malpractice cases at $600,000. It applies to lost wages and pain and suffering. The cap excludes punitive damages and compensation for medical and rehabilitative treatments.

A Jury Verdict Research study finds that the compensatory median award for personal injury trials in New York is $287,628, dwarfing the nationwide median is $34,550.

Why Are New York Personal Injury Verdicts Are So High?

New York has favorable juries, particularly in its urban areas. But the reality is that this number is distorted by the lack of smaller and mid-sized car accident lawsuits. Under New York’s no-fault law, an insurance company is required to pay drivers, passengers, and pedestrians up to $50,000.00 for their legitimate economic and medical losses but does not provide for pain and suffering.

Only permanent injury cases can recover more than $50,000. This leads to fewer lawsuits in smaller cases – of which there are many – which increases the overall award in New York.

IVC filters have been linked to an increased risk of fracture which can cause serious injury or death.  Our law firm is focused on Cordis and Cook IVC filter cases.

The IVC filter lawsuits have been going on for a long time, too long.  Our lawyers frequently get calls from people who are frustrated that their lawyer has “done nothing” to advance their case towards settlement. We also get calls from victims who cannot find a lawyer.    This page gives you information if you have filed an IVC filter lawsuit or are thinking of filing such a claim.

Note: 2021 Update Below

Injectafter lawsuits are starting to be filed around the country amid allegations that the iron supplement causes hypophosphatemia (HPP), leading to fatigue, muscle pain and weakness, and bone pain.

Injectafer History

In 2013, the FDA approved the iron supplement Injectafer. This drug is used to treat iron deficiency anemia, a condition where the body lacks enough iron to produce healthy red blood cells. Shortly after FDA approval, studies revealed that use of Inectafer could cause severe hypophosphatemia (HPP) in some patients.

Last February, just before the coronavirus shutdowns put everything on pause, the Food and Drug Administration (FDA) issued a Drug Safety Communication for the weight-loss drug Belviq. According to the FDA, studies show that Belviq increases the risk of certain types of cancers. In response to the FDA safety announcement for Belviq, Easai Inc. agreed to voluntarily withdraw the drug from the market. It now appears that Belviq is destined to suffer the same disastrous fate as many other prescription weight control drugs.

What is Belviq?

Belviq is the brand name for Lorcaserin, a new type of hormone appetite suppressant medication developed for the treatment of obesity. It was originally developed by Arena Pharmaceuticals and later manufactured and sold by Japanese-based pharmaceutical company Eisai.

This page looks at the settlement and trial value of personal injury cases in California.   This page was last updated on May 26, 2021.

What Is a California Personal Injury Case Worth?

Jury Verdict Research found that the average money damage award for personal injury trials in California is $1,814,094. The median verdict, perhaps a better statistic, is $114,305.

The average personal injury verdict at trial in Connecticut is $2,519,637, according to Jury Verdict Research.

This is great ammo if you are a personal injury lawyer trying to trump up the value of your case or if you are a tort reform advocate trying to show that juries are going wild. But this is unbelievably misleading.

The median personal injury verdict in Connecticut is $22,499, less than 10% of the average. Only 4% of verdicts exceed $1 million and I would love to see how many of these verdicts are actually collected. My guess? Less than half. Someone got a $326 million verdict in this study. I didn’t look up the verdict, but somehow I doubt someone wrote a $326 million check.

There are reports that Penumbra’s JET 7 7 Ultra Flex Catheter has a defect that can cause serious injury or death. As a result, the medical device manufacturer recalled it inDecember 2020. One month later, one of Penumbra’s investors filed a class-action suit, alleging that it concealed information on the catheter’s defects.  Can we expect injury and wrongful death lawsuits to be filed in connection with this recall?  Let’s talk about this recall and what we might expect moving forward.

What Is the JET 7 Reperfusion Catheter? 

court-of-appeals-199x300The JET 7 Reperfusion Catheter with Xtra Flex Technology is a medical device intended to remove stroke patients’ blood clots and restore blood flow. It works by sucking the blood clot from the affected artery. The catheter’s manufacturer, Penumbra, introduced it to the U.S. market in July 2019. By the end of the year, this device accounted for over 30 percent of Penumbra’s total revenue.

The Zantac cancer lawsuits are heating up.  Discovery is moving forward surprisingly quickly given the pandemic and it may not be long before trials are being scheduled.

Plaintiffs’ lawyers are pushing like crazy for Zantac victims, including our law firm.  Our lawyers are moving quickly and we have already signed up scores of plaintiffs for the  Zantac cancer lawsuits. If you have cancer and were taking Zantac, don’t delay.  We are at the point where there are statute of limitations concerns.  Call us today at 800-553-8082 or get a free online claim evaluation.

On April 1, 2020, in the middle of a pandemic, the U.S. Food and Drug Administration (FDA) requested the removal of all Zantac and generic ranitidine products from the market, after discovering that levels of NDMA in the drug could increase with time and exposure to high temperatures.

From the mass tort work our lawyers do, we form opinions about the value of various class action type lawsuits, most involving pharmaceutical drugs or medical devices.

Our law firm makes virtually the same effort in all these cases.  We tell lawyers and victims what we know about the litigation on our blogs and websites.  That is the only “marketing” that we do.

But, clearly, different cases have different potential values.  How do we compare the expected trial or settlement value of different mass torts?

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