Lawsuit Information Center

February 11, 2022

Infant Formula Manufacturers Request MDL for NEC Lawsuits

New research has revealed that cow-milk infant formulas can increase the risk of a deadly neonatal condition called necrotizing enterocolitis (NEC) in premature infants.

This has prompted a growing number of lawsuits against the manufacturers of infant formulas Similac (Abbott Laboratories) and Enfamil (Mead Johnson) by parents of premature infants who were fed with formula and developed NEC. The lawsuits allege that Abbott and Mead negligently failed to warn parents and doctors about the NEC risk their products posed for preemies.

There are currently around 60 NEC infant formula lawsuits pending in both state and federal courts around the country, but hundreds and possibly thousands more are expected to be filed in the near future. This has prompted both Abbott and Mead to request that all NEC lawsuits in federal courts be consolidated into a new MDL. In this post, we will look at the MDL requests and speculate on the most likely venue and what it might mean for the NEC litigation moving forward.

February 7, 2022

Knee Replacement and Implant Lawsuits

by Ronald V. Miller, Jr.

Knee replacement and knee implant lawsuits allege that devices loosened or did not last as long as they should. Zimmer faced over 15,000 Biomet lawsuits over its NexGen implant. DePuy Synthes Attune Knee implant lawsuits were also a big thing. Now Exactech recall lawsuits will be getting filed in massive numbers in 2022 after a big recall.

There have been a lot of questions about hip and knee replacements in recent years. DePuy, Exactech, Stryker, and Zimmer have had – to put it mildly – concerns raised about their products. These companies would argue that the problems are mostly with patients who are having bad outcomes and blaming the insurance companies.

Continue reading

January 16, 2022

Emergency Room Malpractice in Georgia

by Ronald V. Miller, Jr.

Many states are trying to carve out malpractice caps and different standards of care for emergency room doctors in medical malpractice cases.

The thinking starts out okay. Emergency department doctors should be given the benefit of the doubt because things are happening so quickly. But ER doctors are always getting the benefit of the doubt from jurors. There is statistical evidence of this.

More importantly, the standard of care already bakes in the fact that things are sometimes happening at the speed of light in the ER. That is why reasonableness is always based on all the facts and circumstances. Continue reading

December 30, 2021

Shampoo & Conditioner Benzene Recall

by Ronald V. Miller, Jr.

Procter & Gamble issued a recall of 30 dry conditioners and shampoos because these products may contain benzene, a cancer-causing chemical P&G recalled aerosol spray products will familiar names such as Aussie, Pantene, Herbal Essence, and Waterless. dry shampoo products from Old Spice and Hair Food.

The products were made by Proctor & Gamble and distributed nationwide through online sales like Amazon and through traditional retailers.

Is this a big deal or a little deal? Is the Benzene risk real? This post talks about the recall and what it means.

March 25, 2021

New Mexico Supreme Court Blesses Malpractice Cap

by Ronald V. Miller, Jr.

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.

December 6, 2020

Liver-Related Malpractice Lawsuits

by Ronald V. Miller, Jr.

A number of cancers arise in the liver or biliary system. Unlike many cancers, liver cancer (and liver disease) appear to be on the rise. From 1999 to 2016, annual deaths from liver cancer doubled to 11,073. Liver cancer is now the fastest increasing cause of cancer death in the United States.

Why? it is a good question. The tragedy is that liver cancer is often preventable. Approximately 71 percent of liver cancer diagnoses in the U.S. can be attributable to preventable risk factors. Some of these deaths are also caused by malpractice. You need to diagnose and treat liver cancer quickly to have the best chance of curing it.

Liver Cancer Examples

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.

October 16, 2018

Breast Cancer and Chemotherapy | A New Study

by Ronald V. Miller, Jr.

Recent findings from the Trial Assigning Individualized Options for Treatment (Rx), also known as the TAILORx trial, show that chemotherapy is not beneficial to the most commonly found form of breast cancer.

Sponsored by the National Cancer Institute (NCI), researchers found that chemotherapy does not benefit 70 percent of women with estrogen receptor-positive, HER2-negative, axillary lymph node-negative breast cancer. Hormone therapy combined with chemotherapy is not more beneficial than treating breast cancer with hormone therapy alone. Researchers released this data at the American Society of Clinical Oncology’s annual meeting this year in Chicago.

Details of the study

October 1, 2018

Invokana Lawsuit Update

by Ronald V. Miller, Jr.

In August 2018, the FDA warned that sodium-glucosecotransporter-2 (SLGT2) inhibitors such as Invokana can cause a rare but serious infection that could cause an amputation of the genital area.

This is a big deal because Invokana is a commonly used diabetes medication. The list of diabetes drugs that have let patients down is long. The money in these drugs is unreal. To make the most money, you need to rush your product on the market without fully testing the drug. That is the biggest problem.

Long before the FDA got involved, I have been looking at potential Invokana lawsuits. These are the 11 questions victims have about Invokana and the Invokana litigation.

October 1, 2018

$31 Million Awarded for Circumcision Malpractice in Georgia

by Ronald V. Miller, Jr.

This post is about a significant verdict in Georgia after an awful circumcision mishap caused a boy severe and permanent injuries. In this post, I talk about this tragic case and take a deep dive into the statute of limitations in Georgia in birth injury cases.

The Big Verdict

A jury in Clayton County, Georgia, awarded a mother and her four-year-old son $31 million for a circumcision gone wrong. This malpractice incident occurred at an OB/GYN and pediatric clinic. This is a significant verdict for the most common surgical procedure in the country and one that is rarely the subject of a malpractice lawsuit.