Lawsuit Information Center

June 28, 2019

The Opioid Settlement (and what it means to you)

An opioid settlement is coming. How much money is in it for you? If you have suffered, it is a fair question. But this is a different kind of opioid settlement.

Thousands of counties, townships, and local jurisdictions across the country are currently suing pharmaceutical companies that manufacture and sell prescription opioid painkillers. The local jurisdictions are seeking money to reimburse them for the billions of dollars they have been forced to spend in response to the opioid abuse epidemic. After months of little or no movement in this matter, reports suggested that a global settlement proposal may finally be in the works.

Opioid manufacturers, distributors, and pharmacies have collectively paid more than $50 billion in settlements. These funds are earmarked for a range of programs and initiatives designed to tackle the opioid crisis, such as:

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 15, 2018

AbbVie Androgel Lawsuits | 2022 Settlement Update

by Ronald V. Miller, Jr.

In June 2019, AbbVie’s AndroGel testosterone lawsuits settled for $775 million. (Our lawyers are still taking testosterone lawsuits in 2022. Just no longer involving this testosterone supplement.)

Lawsuits had been filed claiming that the makers of Androgel, AbbVie, failed to warn thousands of men about the potential side effects of the drug. These side effects include heart attacks, blood clots, stroke, and even sudden death in extraordinary cases. As the litigation wheels start turning here, AbbVie is trying to gum them up with objections to slow down the process. You could say everything is going according to plan…

What Is AndroGel?

Androgel is a form of testosterone replacement therapy (TRT). The purpose of testosterone is to increase levels of testosterone in the blood of humans. So TRT is a process to supplement our naturally occurring levels of testosterone. Why? Because some men have low testosterone production (and some just want more).

AndroGel is a synthetic testosterone gel formulation. The gel formulation was developed to give transdermal delivery of testosterone continuously for 24 hours.

Androgel Lawsuits

If you are reading this you probably already know this. But let’s recap. There were about 7,000 lawsuits against AbbVie percolating around the federal court system.

The various suits alleged that the makers of Androgel, AbbVie, neglected to warn thousands of men about the serious side effects of the “Low-T” treatment drug.

This drug has certainly been a big hit, understandably so, considering that it promises men physical enhancement to counteract the forces of aging. But thousands of lawsuits allege that low-T drugs can lead to heart attack, stroke, pulmonary embolism, deep vein thrombosis, or other injuries, prompting men across the U.S. to sue AbbVie and the other manufacturers for not being adequately warned of the risks.

That really is what this is about. No one — at least not many people — was calling for a low-T recall. The risk might outweigh the benefit for some, although probably not many of us. It is about giving patients and doctors a choice. Tell us what can happen and let us make the call. They are giving this warning now. They should have given it to us before. That is what these lawsuits were about.

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.

August 4, 2015

What is the Statute of Limitations? | Learning About Lawsuits

by Ronald V. Miller, Jr.

Every aspect of litigation is based on time. Litigants only have a certain number of days to respond to motions, answer discovery, or serve a summons. Perhaps the biggest time-related concern in litigation is the statute of limitations. The statute of limitations is the due date for a lawsuit. If a claim is brought outside the statute of limitations, it is ~~generally~~ almost always barred and must be dismissed. Americans are now appreciating more how harsh limitations can be seeing Bill Cosby not being asked to account of the allegations against him.

How Statutes of Limitation Work

A statute of limitations should be thought of more of a time frame and less of a deadline. The right to bring legal action accrues whenever the subject matter of the claim occurred. For example, in a car accident case, the right to bring a claim begins right when the accident occurred. In a medical malpractice case, the period begins when the malpractice occurs or when the victim discovers it. Once that period has officially started, the clock on the potential claim has begun ticking. The relevant statute of limitations will then lay out a period during which that claim must be brought. For example, in Maryland, the statute of limitations on most personal injury actions is three years. This means that a lawsuit for a car accident must be brought within the three years that begins when the accident occurs. If the case is not brought within that time, it can never be brought.

August 4, 2015

What Is An Expert Witness?

by Ronald V. Miller, Jr.

This blog deals with big personal injury lawsuits across the country. These lawsuits typically involve class actions, multidistrict litigation, and mass torts against corporations for their defective products, medications, or their general negligence. But we also talk about motor vehicle accident and malpractice claims, too. For all of these cases, you are almost invariably going to need an expert to testify if you want to get your case to a jury. Experts are obviously different from the typical fact witness. This post should give you a basic understanding of the nuances of expert witnesses and testimony.

July 27, 2015

How Do Appeals Work? | Learning About Lawsuits

by Ronald V. Miller, Jr.

Once a jury hands down their verdict, the case is over, right? Sometimes, but not always. At the close of trial, both sides generally have the ability to appeal certain issues or things that may not have gone their way. Most important to remember here though: parties can only appeal legal issues, not factual ones. So an appeal should not be thought of as another opportunity to try a case. Instead, appeals are there to correct mistakes or misapplications of law. Should they determine that a new trial is warranted, appeals courts have the ability to order one. But they are strictly there to determine legal issues, not factual ones.

Framework For Appeals

Every state is different, meaning every court system is different. Since this blog covers issues pertaining to the national personal injury community, I will use the federal appeals process to lay out how things work. Granted, the federal appeals courts share some similarities with many states (especially Maryland), so this should give you an idea of how things work from state to state.

The federal court system is three-tiered. There are the trial courts, which are referred to as Federal District Courts. There are the intermediate appeals courts, which are called Federal Circuit Courts. And the “court of last resort” in the federal system is the Supreme Court of the United States (SCOTUS). The state of Maryland has a similar system with trial courts, an intermediate appeals court, and a state court of last resort.

July 27, 2015

What is a Wrongful Death Claim? | Learning About Lawsuits

by Ronald V. Miller, Jr.

Wrongful death? Survival action? What’s the difference?

Whether it stems from medical malpractice or an auto accident, negligence can unfortunately result in death. In most personal injury lawsuits, the plaintiff filing the lawsuit is the one that suffered some sort of physical injury. They are suing because they desire compensation for the injuries they sustained, and the costs associated with those injuries.

When the plaintiff dies, although they have sustained harm from another’s negligence, they are obviously not around to sue that party. A wrongful death claim allows those who were affected by that person’s death to sue the person responsible. However, there are two separate types of claims involving deaths: Wrongful Death Claims and Survival Actions.

July 20, 2015

Difference Between Jurisdiction and Venue

by Ronald V. Miller, Jr.

Jurisdiction and venue often arise in the context of “forum shopping” when filing a lawsuit.

Unquestionably, it is better to file a lawsuit in some places compared to others and good lawyering requires careful consideration of venue and jurisdiction and the distinction between the two.

In many jurisdictions, like Maryland and Virginia, one or two places tend to be the preferred stop for plaintiffs’ lawyers for personal injury lawsuits.

To better understand “forum shopping,” you have to understand the concept of a “forum” in the first place, which requires an understanding of the difference between personal jurisdiction and venue. Before we distinguish jurisdiction from venue, let’s talk about them both.

What Is Jurisdiction?

Personal jurisdiction is an incredibly important piece of the puzzle when putting together a lawsuit. It boils down to is a court’s ability to exercise its power over an entity, whether that is a person, business, trust, etc.

For example, say you are a Maryland resident, it would feel unfair if an Oklahoma court could render a judgment over you if you have no connections to that state. That is where the doctrine of jurisdiction comes into play: it is all about the court’s ability to bring you under its power.