Lawsuit Information Center Blog

November 25, 2020

Paragard and the History of IUDs and Product Liability in the U.S.

Yesterday, I wrote about the rising Paragard litigation and the possibility of a class-action lawsuit. Today, I’m writing about the history of IUDs for birth control.

The Paragard IUD is the most recent intrauterine contraceptive device to find itself embattled in a wave of product liability lawsuits in the U.S. Like so many of its predecessors in the IUD market, the Paragard turned out to have a hidden defect that caused serious health problems in many users.

The recently discovered issue with the Paragard is that the device frequently breaks apart when doctors attempt to remove it, causing fractured shards of plastic to poke around inside the uterus. This defect has already prompted a wave of Paragard IUD lawsuits around the country.

November 20, 2020

Beovu Vision Loss Class Action Lawsuit Possible

by Ronald V. Miller, Jr.

Recent studies and reports have found an association between Beovu and retinal vasculitis with vision loss. This comes only months after it received FDA approval.

What Is Beovu?

Brolucizumab-dbll, known by the brand name Beovu, is a vascular endothelial growth factor (VEGF) inhibitor. It is intended to treat wet AMD (age-related macular degeneration). Beovu is manufactured by the Swiss pharmaceutical giant Novartis. It is administered via intravitreal injection. Beovu comes in a 6mg single-use vial. The recommended dose is a monthly injection for the first three months. This is followed by an injection every 8-12 weeks. The FDA approved Beovu in October 2019.

What Are Beovu’s Common Side Effects?

November 18, 2020

Elmiron Eye Class Action Lawsuit Settlements

by Ronald V. Miller, Jr.

Elmiron is the brand name of a popular prescription drug manufactured by Janssen Pharmaceuticals. Millions of people take Elmiron every day to treat chronic bladder conditions. Last year, however, a research study confirmed that prolonged use of Elmiron can cause serious damage to the retinas in the eyes. Studies have conclusively established that extended use of Elmiron at high doses has caused permanent blindness and impaired vision.

After the release of these findings linking Elmiron to eye damage, a steady stream of dangerous drug lawsuits has been filed against Janssen alleging vision loss or damage caused by Elmiron. To date, just over 100 individual Elmiron lawsuits have been filed in federal courts around the country. More of these bladder medication lawsuits have been filed in state courts.

Elmiron MDL Class Action Pending

November 9, 2020

California Man Gets $9 Million for Unauthorized Penis Surgery

by Ronald V. Miller, Jr.

If you are having a hard time contemplating how “unauthorized penis surgery” can happen, you are not alone. I had the same reaction when I first saw the headline about this case. But as explained below, unauthorized penis surgery is something that actually happened to a man in California and he got a malpractice award of $9 million.

Before getting into the details of the case, it is worth noting here that California caps damages for pain & suffering in malpractice cases at $250,000. This is one of the strictest caps on damages in the entire country, but it didn’t prevent the plaintiff in this case from getting a big award for what happened to this penis.

This post is about this case but also provides settlement and verdicts in penis injury medical malpractice cases.

October 27, 2020

Window Tint Laws in Maryland and D.C.

by Ronald V. Miller, Jr.

Window tints laws require a significant amount of light to be transmitted in car windows. Once pulled over, a police officer may check to see if your car’s window tints are legal or not. You may ask yourself how police officers can do that. In addition to knowing how to check for too much tint, you must know the window tint laws in both Maryland and D.C.

How do the police determine if a window has too much tint?

The only way to determine if there is an actual violation of the statute is for the officer, after stopping the vehicle, to conduct a test utilizing a “two-piece window tint meter.” When observing a vehicle without the benefit of such a device there is no definitive way to determine if the window tint on a car is in violation of the statute other than by eyeballing it.

What is the legal tint in Maryland?

In Maryland, legal tint varies by vehicle. All windows in passenger cars, convertibles, and station wagons are required to have at least 35% light transmittance. These cars are also not allowed to have red, yellow, amber, and reflective window tint.

October 9, 2020

Whistleblower Lawsuits for Unnecessary Hospitalizations (Winter v. Gardens Regional)

by Ronald V. Miller, Jr.

Earlier this year in Winter v. Gardens Regional Hospital, the 9th Circuit Court of Appeals revived a False Claims Act case filed by the Director of Care Management in a California hospital that claimed nearly $1.3 in Medicare claims that sought reimbursement for inpatient hospitalizations that were not medically necessary.

The U.S. District Court of Utah dismissed the case, without leave to amend, for failing to state a claim under the FCA. Specifically, the court believed that the qui tam plaintiff’s complaint failed to state a cause of action under the FCA because the allegations as a matter of law were “subjective medical opinions” that demonstrated a mere “difference of opinion” as to the medical necessity of inpatient hospital admissions.

Facts of Winter v. Gardens Regional Hospital

August 25, 2020

Georges v. Ob-Gyn Servs. | Birth Injury Appellate Opinion

by Ronald V. Miller, Jr.

In Georges v. Ob-Gyn Servs., P.C. the defendants, a midwife, and a medical practice, unsuccessfully attempted to overturn and $1.6 million in interest that accumulated as the result of defendants’ refusal to accept an offer of compromise after a $4.2 million jury award.

Facts of Georges v. Ob-Gyn Servs.

The plaintiffs’ birth injury lawyer (James D Horwitz of Koskoff, Koskoff & Bieder) filed their original complaint alleged that the defendants committed malpractice during the mother’s pregnancy, labor, and during the delivery of her child. The plaintiffs claimed that this malpractice caused the child to suffer severe and permanent injuries. The lawsuit claim that result of the defendants’ medical malpractice in managing shoulder dystocia, a young girl sustained a severe, permanent injury to her right brachial plexus.

July 8, 2020

Z-Pac and Cardiovascular Risk

by Ronald V. Miller, Jr.

When I get sick, I assume an antibiotic will solve my problems. I’m slightly allergic to amoxicillin. Zithromax, Z-Pak (Z-Pac, I’ve seen both), Zmax, or any similar antibiotic to treat bacterial infections is my drug of choice for ear infections, strep throat, pneumonia, traveler’s diarrhea, or other intestinal infections.

There are risks with any drug. You have been told that time and time again. But if you are like me, you just want to feel better and you have a history with antibiotics of doing just that.

A new study underscores that maybe we should slow our roll in racing to get Zithromax. Because the study suggests that the potential side effects are more than just theoretical and can increase the risk of heart problems and death. This gets my attention. Because I’d rather be sick than dead.

July 7, 2020

What Are My Legal Options if My Car Accident Claim Is Denied?

by Ronald V. Miller, Jr.

We buy car insurance hoping we never need to go through the process of submitting a claim. When accidents happen, we hope the claims process is smooth and simple. Seems like a reasonable expectation because you or the at-fault driver paid your premium every month in a way that made it smooth and simple for the insurance company. But it does not work that way, right?

There are several reasons that your claim may be denied. This denial can often cause a significant financial strain on you and your family. . If you’ve recently been in a car accident, you may be counting on the money from the insurance claim to pay medical and other bills.

If your claim has been denied, you need to figure out quickly why and what you can do to get the money you deserve.

June 24, 2020

Elmiron Vision Loss Lawsuits

by Ronald V. Miller, Jr.

Elmiron vision loss lawsuits are being filed at an increasing rate. Anyone that has been using the drug Elmiron to treat bladder conditions should be aware of the growing tide of concerns regarding the long-term side effects of this popular drug for interstitial cystitis.

After an initial wave of reports linking the use of Elmiron to serious vision impairment, the Food and Drug Administration (FDA) has recently stepped in and required the manufacturer of Elmiron to add a new warning label.

The new warning label alerts doctors and patients that Elmiron may cause a rare eye disease called pigmentary maculopathy that can cause vision impairment or blindness. The new warning label comes just as Elmiron vision loss lawsuits are already being filed across the country. Ultimately, when an Elmiron class action settlement is reached down the road, I predict a strong, unambiguous black box warning of the side effects that include vision loss.