Lawsuit Information Center

October 16, 2022

What Is a Bellwether Trial?

Bellwether trials are like “test” cases used is big mass torts such as class action MDLs involving hundreds or even thousands of individual plaintiffs. To understand what a bellwether trial is, you need to understand how modern mass tort litigation works.

Understanding Mass Torts

In mass tort litigation, there is a very large group of plaintiffs (anywhere from a few dozen to a few thousand) all of whom have filed lawsuits involving identical tort claims. The most common example is in the pharmaceutical context where thousands of people are injured by a defective drug (e.g., Ozempic) and they all file identical lawsuits around the same time.

September 26, 2022

Update on the Atrium C-Qur Hernia Mesh Lawsuits

by Ronald V. Miller, Jr.

In this post, we will provide a status update on what’s happening in the Atrium C-Qur hernia mesh litigation.

The Atrium hernia mesh MDL (Atrium Medical Corp. C-Qur Mesh Products Liability Litigation 16-md-2753) has over 2,500 cases consolidated in the U.S. District Court for New Hampshire. This is the smallest of the three hernia mesh MDLs that are currently pending around the country.

As of September 2022, the number lawsuits pending in the Atrium hernia mesh class action(the smallest of the big 3 hernia mesh MDLs) increased by 17 over the last monthly period (August 15 to September 15). This brings the total number of pending cases up to 3,308.

September 2, 2022

Top 12 Common Household Items That May Harm Your Baby

by Ronald V. Miller, Jr.

As you care for your little one, you should be mindful of everyday items in your home that can risk their safety. Just because an item was made for babies does not mean it is entirely safe. Cribs and strollers can still be a safety risk to your baby. However, this means if you use them, use them safely.

1. Strollers

Your baby’s stroller can be a significant risk to their safety. A Consumer Product Safety Commission (CPSC) report estimates 13,400 reported cases of stroller-related injuries that required a visit to the emergency room. Many of these injuries were caused by a fall or strangulation (two injuries every hour). An average of two children die yearly from stroller-related accidents. Many stroller-related injuries or deaths occur when infants are left to sleep while the stroller’s back is in the recline position.

August 14, 2022

Johnny Depp vs. Amber Heard Defamation Trial

by Ronald V. Miller, Jr.

The jury is still out this Wednesday after Memorial Day in the defamation lawsuit filed by actor Johnny Depp against his ex-wife Amber Heard.

Update: Netflix recently released a new documentary film on the Jonny Depp / Amber Heard defamation trial. The show, Depp v. Heard, features clips of testimony from the trial, mostly from Johhny and Amber themselves.

Update: Johnny Deep Wins! $15 million in punitive damages. But they awarded Heard $2 million for her counterclaim. Summary: what an utter mess.

August 1, 2022

Zimmer NexGen Knee Bellwether Trials

by Ronald V. Miller, Jr.

There 1,300 Zimmer NexGen knee product liability lawsuits are pending throughout the country. Countless more victims are waiting on the sidelines (maybe soon to lose their rights because of the statute of limitations).

The progress on these knee replacement lawsuits in recent months can best be summarized by “well, they are coming along.” Now, at least, there is a more concrete plan to move this litigation forward.

2024 Update: The Exactech recall will lead to new knee implant lawsuits
2024: Zimmer Biomet hip replacement lawsuit

On March 24th, Judge Rebecca R. Pallmeyer, the judge overseeing all the consolidated federal cases pending in the U.S. District Courts, identified six cases that will be part of the “initial tranche” of Zimmer NexGen bellwether trials. A bellwether trial consists of test cases that allow the parties to see what a jury will do with a claim that is typical of the class. Why? So the parties can get a better idea of the value of the cases. These are called bellwether cases, often precursors for settlement talks, are expected to begin in 2015.

First introduced in 1995, NexGen Complete Knee Solution System was one of Zimmer’s most successful knee products.

In 2001, Zimmer attempted to capitalize on the success of this product line by releasing a modified version of the original design, the NexGen Flex line of products, designed to achieve 155 degrees of flexion.

Most components were approved without extensive trials or FDA investigation into their safety through the 510K fast-track approval program. This FDA program allows medical devices to enter the market without requiring manufacturers to conduct clinical studies.

Instead, the manufacturer must only demonstrate the device is substantially equivalent to other similar products already on the market. So the actual product that goes into a patient’s knee is not tested like these medical devices should be tested.

July 24, 2022

Injectafer Lawsuits Allege Drug Causes Severe Hypophosphatemia

by Ronald V. Miller, Jr.

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

Infectafer Lawsuit Update – July 2022

A total of 13 Injectafer product liability lawsuits have been filed in federal courts so far in 2022. 12 of the 13 Injectafer lawsuits were filed in the Eastern District of Pennsylvania and 1 of the cases was filed in the Middle District of Florida.

July 17, 2022

Pennsylvania Birth Injury Verdict Overturned: Charlton v. Troy

by Ronald V. Miller, Jr.

In Charlton v. Troy, a Pennsylvania Superior Court nixed a $40 million verdict, ordering a new trial in a birth injury lawsuit alleging excessive traction caused a severe spinal injury.

Facts of Charlton v. Troy

The case revolves around the events that occurred during the birth of the Charlton twins. Mrs. Charlton underwent routine prenatal testing at the hospital when she was 37 and a half weeks pregnant with twins. The ultrasound revealed that “Twin B” was 25 percent smaller than “Twin A,” indicating discordant growth and some tachycardia in Twin B.

June 11, 2022

Cauda Equina Syndrome Settlements and Verdicts

by Ronald V. Miller, Jr.

Cauda equina syndrome is a neurological disorder that stems from an injury to the nerve root bundle that exits the spinal cord.

Symptoms of CES include severe back pain, weakness or numbness in the legs, bowel or bladder dysfunction, and sexual dysfunction. If not treated promptly and adequately, CES can lead to permanent nerve damage and even paralysis.

When a patient presents with symptoms of cauda equina syndrome, healthcare professionals must recognize the condition promptly and provide appropriate treatment. Unfortunately, medical malpractice can occur when healthcare providers fail to diagnose or properly treat CES, leading to permanent nerve damage, paralysis, and other long-term injuries.

If you or a loved one has suffered from CES due to medical malpractice, you may be entitled to compensation for your injuries. Our experienced malpractice attorneys can help you understand your legal rights and pursue justice via a medical malpractice lawsuit on your behalf.

The treatment for cauda equina syndrome is generally immediate surgical decompression. The sooner this can be achieved, the better. You usually have a 48-hour window of opportunity to reverse the symptoms. The malpractice lawsuits occur when the symptoms were there to be seen during that window but were missed, usually in the ER or by a primary care doctor, or by the surgical staff after spinal surgery.

Cauda Equina Syndrome Causes and Symptoms

CES is caused by compression of the cauda equina nerves located at the base of the spinal cord. The condition can result from a variety of underlying factors, including:

Herniated disc
Trauma to the spinal cord
Tumor or lesion on the spinal cord
Spinal stenosis
Infection or inflammation

Symptoms of cauda equina syndrome can include:

Severe back pain
Weakness or numbness in the legs
Loss of bladder or bowel control
Sexual dysfunction
Numbness in the groin or genital area
Loss of sensation in the buttocks, inner thighs, or back of the legs

June 5, 2022

Uterine Cancer

by Ronald V. Miller, Jr.

Over 60,000 women in the U.S. get diagnosed with uterine cancer every year, making cancer of the uterus the 2^nd most common female cancer. Recently, uterine cancer has been linked to exposure to certain chemicals, putting this disease at the center of several mass torts, including hair relaxer lawsuits and Camp Lejeune toxic water lawsuits. On this page we provide a simple overview of uterine cancer from a medical standpoint and look at how it has become involved in litigation.

The Uterus

The uterus is the largest female reproductive organ. This pear-shaped organ is often called the “womb” and is where human life begins in the form of fetal development during pregnancy. The uterus is comprised of 3 separate parts: (1) fundus, (2) isthmus, and (3) cervix.

May 31, 2022

Abbott Dragonfly OpStar Imaging Catheter Recall

by Ronald V. Miller, Jr.

Last week, the FDA announced Abbott’s recall of its Dragonfly OpStar Imaging Catheter on May 26, 2022. Abbott recalled the device because some parts of it may break off and remain in the body. The FDA reported that this defect may cause severe injuries, including ischemia, infections, embolisms, thrombosis, and death.

What is a catheter?

A catheter is a flexible tube that healthcare providers insert into a narrow opening in the body. They are used in various medical procedures, including: