Lawsuit Information Center

March 19, 2021

Average Settlement for Hernia Mesh

To date, thousands of lawsuits related to defective hernia mesh implants have been filed in courts across the country. These suits claim that defective surgical implant devices were the cause of chronic pain, serious infections, obstructed bowels, perforated abdomen lining, and the development of adhesions. Some plaintiffs’ injuries were severe enough that they needed further surgeries to correct these issues.

Hernia mesh litigation update for 2023
Bard mesh lawsuits and their projected settlement payouts

December 11, 2020

Baseball-related Verdicts and Settlements

by Ronald V. Miller, Jr.

Years, ago, I wrote a blog about a frivolous Little League baseball lawsuit. Going through that old post in 2020, I realized no one really cared seven years later. (in fact, I started to post the old post at the end of the piece but decided it was truly worthless.

But settlement and verdicts in baseball-related personal injury lawsuits does seem of interest to many of us who spend our winters indoors playing baseball and out spring, summer, and fall out on the baseball field.

Baseball-Related Verdicts and Settlements

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

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 the 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 filed their original complaint alleging that the defendants committed malpractice during the mother’s pregnancy, labor, and delivery of her child. The plaintiffs claimed this malpractice caused the child to suffer severe and permanent injuries. The lawsuit claims that as a result of the defendants’ medical malpractice in managing shoulder dystocia, a young girl sustained a severe, permanent injury to her right brachial plexus.

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 28, 2019

The Opioid Settlement (and what it means to you)

by Ronald V. Miller, Jr.

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:

April 11, 2019

Failure to Diagnose Fetal Macrosomia Costs Minnesota Midwife $8.9 Million

by Ronald V. Miller, Jr.

In October, an $8.9 million birth injury malpractice payout was awarded against a Minnesota midwife. This case underscores the danger of failing to accurately estimate the fetal size and weight before delivery.

This post looks at this Minnesota birth injury lawsuit and provides sample fetal macrosomia settlement amounts and jury awards.

Our lawyers handle fetal macrosomia lawsuits throughout the country. If you want to bring a claim or have a question about your claim, call our birth injury attorneys at 800-553-8082.

February 26, 2019

New York Statutes of Limitations for Child Abuse Victims

by Ronald V. Miller, Jr.

In February 2019, New York Governor Andrew Cuomo signed Child Victims Act into law. It extends the statute of limitations for victims of child abuse. Child sex abuse victims are now allowed to file criminal charges against their abuser before they turn 28. Victims are allowed to file civil charges against their abuser before they turn 55. Previously, victims had to file both civil and criminal charges before they turned 23. The law also allows a one-year period for individuals to file cases that happened longer than what the statute of limitations would have allowed. It also requires judges to have some training on how to handle child sex abuse cases.

What are statutes of limitations, and why do we have them?

Statutes of limitations (SOL) are a predetermined period that the state is allowed to charge someone with a crime. Different crimes have different extended periods of time when one can file charges against someone. However, the same crime may have a different SOL depending on the state. There are SOL laws because of concerns that witness testimony might be unreliable. A victim may not necessarily remember enough about their abuse that the jury may not find them credible. Physical evidence may also deteriorate over time, which further questions credibility.

Why extend the statute of limitations if someone might not remember what happened to them?

DNA, audio or video recordings, emails, and texts do not disintegrate over time, making them more credible forms of evidence over a longer period. Society has also improved their understanding of the trauma that victims of child sexual abuse experience. People now understand that it can take many years or even decades before someone finally comes forward. While laws on statutes of limitations are put in place to ensure credibility, there are exceptional cases such as child sexual abuse which necessitates lengthened the statute of limitations.

October 31, 2018

MiraLAX Problems and Children (and COVID)

by Ronald V. Miller, Jr.

The Children’s Hospital of Philadelphia (CHOP) has been conducting a study on polyethylene glycol 3350 (PEG 3350), the active ingredient in MiraLAX, and its effect on a child’s brain. The study came about after reports that children have been experiencing behavioral problems after taking MiraLAX.

If you are allergic to MiraLAX, you should talk to your doctor before you get the COVID vaccine (interesting article) and maybe bring an EpiPen when you get vaccinated

What is MiraLAX and how is it different?