Lawsuit Information Center

July 30, 2012

CPSC Files a Complaint Over Buckyballs

CPSC Suit Against the Manufacturer of Buckyballs

The Consumer Product Safety Commission (CPSC) has asked Buckyball manufacturer, Maxfield and Oberton, to stop sales of the Buckyball product, and to alert consumers that it is defective. Not only have they asked Maxfield and Oberton to stop sales, they have gone so far as to file an administrative complaint against the company.

The CPSC is claiming that there is a defect in the design, packaging, warnings, and instructions, posing a substantial risk of injury to the public. The complaint was filed after discussions with the company and its representatives failed to result in a voluntary recall plan that CPSC staff considered to be adequate. What is important here to note, is that this type of legal action against a company is rare, as this is only the second administrative complaint filed by CPSC in the past 11 years.

July 26, 2012

MI Windows Class Action Lawsuit: What a Mess

by Ronald V. Miller, Jr.

This blog post is about defective Windows made by MI Windows and Doors. I am writing about this because I find it interesting. There are lawyers handling these cases all around the country. Our law firm is not handling these cases. So while you are always welcome to call us, we will not be of much help to you in these cases. I don’t think it is a terrible idea, however, to listen to some thoughts from a lawyer that does not have any chips on the table.

July 18, 2012

Injured Victims Seek Biomet Metal Hip Implant Consolidation in Federal Court

by Ronald V. Miller, Jr.

Biomet Hip Defect Lawsuits Have Many Chapters

Biomet is one of the manufacturers of the much-maligned metal-on-metal hip implants. It makes the M2A Magnum, an all-metal implant that plaintiffs and scientists believe causes serious medical problems, including failure and blood poisoning.

In late June 2012, plaintiffs in several federal Biomet hip implant lawsuits filed a motion with the Judicial Panel on Multidistrict Litigation, asking that all federal Biomet hip implant injury cases be grouped together in one court, before one judge. Specifically, the plaintiffs asked the court to move the cases to the Northern District of California, or the Southern District of New York.

This move is basically a request to open up a metal-on-metal hip implant class action lawsuit. In multidistrict litigation (MDL), all cases of the same type that are filed in federal courts are automatically sent to one judge. That judge oversees the cases and ensures that there is unified (and not duplicative) discovery. The judge may encourage early test trials (called bellwether cases), from which the parties can determine the relative strengths and weaknesses of their cases, as decided by a jury. Those test cases often allow the lawsuits to settle en masse. If they don’t settle, or if an individual plaintiff chooses not to settle with the group, the non-settling cases are sent back to their home federal court for further proceedings, including trial.

July 17, 2012

Zoloft Birth Defect Lawsuits

by Ronald V. Miller, Jr.

U.S. District Court Judge Cynthia M. Rufe of the Eastern District of Pennsylvania appointed long time mass tort lawyer Dianne M. Nast of RodaNast in Lancaster, Pa., and Mark P. Robinson Jr. of Robinson Calcagnie Robinson Shapiro Davis in Newport Beach, Calif., as plaintiffs’ co-counsel and as members of the Plaintiffs’ Executive Committee.

July 16, 2012

Fighting Cerebral Palsy: A New Weapon

by Ronald V. Miller, Jr.

Preliminary results from a fascinating new study could spell the eventual end for cerebral palsy. Cerebral palsy is a neurological disorder that prevents the brain from being able to adequately communicate with the body, causing physical difficulties with tasks like walking.

In the first part of the study, investigators from Duke University Medical Center used an intravenous infusion of a child’s own cord blood to see if it had an effect on their cerebral palsy. Initial data from the first part of the study showed that some patients had improved speech, mobility and movement.

A team of scientists from Duke University Medical Center is now on phase II and is seeking participants for its Cerebral Palsy Autologous Cord Blood Study. This part of the study is a randomized, placebo-controlled crossover study, which means that some participants will receive full treatments, and others will receive a placebo. This is the gold standard for medical research. The team expects to complete the study by July 2013. There is another study taking place at the Medical College of Georgia.

The implications of these studies are heart-warming, to say the least. Something like this could be the miracle cure that thousands of parents have been hoping for. Even though the study is slated to be complete next year, there are other concerns. For example, the study only involves the use of a child’s own cord blood–it won’t be immediately apparent whether donated cord blood could yield the same benefits. Banking cord blood can be an expensive process–one company charges $2,195 for the first year.

Our law firm has been concerned with cerebral palsy for years, particularly as it is sometimes caused by medical malpractice. We handle birth injury cases where children develop cerebral palsy because of delays and complications during labor. When the baby’s oxygen and blood supply is cut off, whether because of complications of shoulder dystocia, fetal distress or umbilical cord prolapse, cerebral palsy and other developmental delays can be the unfortunate result.

These are awful cases that are, frankly, very lucrative for malpractice lawyers. But nothing would make us happier than to give up those lawsuits and see children with cerebral palsy cured. Any progress towards this goal would be just unbelievable.

Cerebral Palsy Basic Facts

There are about 8,000 new cases each year in the United States. The United Cerebral Palsy Foundation estimates that over 750,000 people in the U.S. have one or more of the symptoms of cerebral palsy. All CP injuries come from a static lesion of the brain but the outcomes vary wildly. The symptoms vary from insignificant to all-consuming. Although the injury usually occurs during or near childbirth, most kids are not diagnosed for at least a year, although parents usually have suspicions and concerns long before a concrete diagnosis.

Every CP case is different. Neurologic classifications of cerebral palsy include spastic (pyramidal) cerebral palsy, dyskinetic (extrapyramidal) cerebral palsy, ataxic (rare) cerebral palsy, and mixed types.

Our lawyers mostly see spastic cerebral palsy cases. Spastic types CP has five subtypes

Monoplegia – one limb involvement
Diplegia – primarily lower limb involvement
Triplegia – involves three limbs
Tetraplegia – four extremities and truncal involvement
Hemiplegia – one side of the body involved including arm and leg

July 3, 2012

Dialysis Heart Attack Injuries: GranuFlo and NaturaLyte

by Ronald V. Miller, Jr.

People on dialysis have enough problems without having to worry about heart attacks. But it seems that the nation’s leading supplier of dialysis products (mostly through its own dialysis centers) may be causing an untold number of dialysis patients to have heart attacks and other cardiac problems.

Fresenius Medical Care creates two products for use in dialysis—GranuFlo (a dry acid dissolution system) and NaturaLyte (the liquid version). Patients who need dialysis have problems with kidney function. One of the side effects of kidney problems is that the body builds up acid in the bloodstream. To treat this, physicians often prescribe bicarbonate. If you remember your high school chemistry (I didn’t), bicarbonate can neutralize the acid.

The problem with GranuFlo and NaturaLyte is that some of the ingredients can be converted by the body into bicarbonate. If the physician doesn’t know that, then the patient can receive a double-dose of bicarbonate. Too much bicarbonate can cause cardiac problems, like heart attacks.

June 26, 2012

Insurance Law: Fortuity Revisited

by Ronald V. Miller, Jr.

In my insurance law class, I talk in Chapter 2 about the idea of fortunity. It is mostly a theoretical concept. Insurance is intended to provide protection against unknown events that occur in the future. So obviously, the law and common sense dictate that when you buy car insurance after a car accident, the “loss in progress” doctrine will bar coverage.

In Schwartz Manes Ruby & Slovin, L.P.A. v. Monitor Liability Managers, LLC, the 6th Circuit looked at whether or not the insured reasonably could have foreseen that a claim would be made prior to the signing of an insurance policy.

The case involved legal malpractice coverage. The law firm – an Ohio firm – clearly screwed up in defending a lawsuit. The client fired the firm. The new firm asked why the firm failed to appear at the trial, particularly since its file contained a notice for the trial. The law firm did one smart thing: they put their agent on notice who apparently told no one. Then, a new policy of legal malpractice insurance was issued.

The malpractice insurer disclaimed coverage becasue prior to its policy’s inception, the law firm knew it had a motza ball of a potential lawsuit hanging out there.

May 10, 2012

Compound in Teflon May Cause Cancer

by Ronald V. Miller, Jr.

There is a growing concern there there is a compound in Teflon® that may cause cancer. No one is filing any lawsuits about this, at least not yet. Science has to dig a lot deeper into all of this. The purpose of this post is just to give you an overview of the concern about the possible.

Teflon® is the brand name for DuPont’s product, has been used as a non-stick coating surface for pans and cookware, as well as in other products such as fabric protectors since the 1940’s. Teflon® is the brand name for polytetrafluoroethylene (PTFE), a man-made chemical. C8, otherwise known as Perfluorooctanoic acid (PFOA), is another man-made chemical that is used during the manufacturing of Teflon® and other flurotelormers. C8 is not present in significant amounts in the end product, as it is burned off during the manufacturing process of Teflon®.

PTFE is known for its exceptional chemical resistance and non-stick properties, making it useful in a wide range of applications, including non-stick cookware, electrical insulation, industrial coatings, and biomedical implants. PTFE is also known for its low friction, high melting point, and excellent resistance to UV radiation and weathering, which makes it an ideal material for applications that require high performance under extreme conditions.

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April 17, 2012

Man Sues Hospital For Circumcising Him

by Ronald V. Miller, Jr.

A 28-year-old prison inmate is suing the hospital that circumcised him as a newborn. The reason? He is claiming the procedure has robbed him of his sexual prowess.

He is alleging that the doctor misled his mother into thinking that the circumcision was a necessary medical procedure. He is arguing that it was unnecessary, unethical and without medical benefit.

What’s even more odd is what he is asking for as compensation. In addition to $1,000 in compensatory and punitive damages, he is asking that his foreskin be restored “in the hopes I could feel whole again,” though he acknowledges that he doesn’t expects the “restoration” to be anything more than aesthetic.

March 22, 2012

Fatal School Bus Accident Prompts Suit Involving Seatbelts

by Ronald V. Miller, Jr.

A fatal school bus accident last week has prompted a lawsuit alleging unsafe conditions for the bus’ lack of seatbelts.

The details here are sad. The 60 year old school bus driver and a five-year-old little girl were killed in the crash. The bus, which struck a bridge, was carrying approximately 50 children, ages 5-16.

A suit has now been filed by the family of three of the injured children, with injuries ranging from a broken leg to claims of post-traumatic stress. The suit claims that the bus company failed to inspect the school bus for defective and unsafe conditions, including the lack of seatbelts, though a state police investigation determined that the bus was in fine working condition. The suit further alleges that the company failed to “discover, determine, and /or monitor the health conditions” of the school bus driver, though an autopsy revealed no signs of a medical condition that may have caused the driver to strike the bridge.

This is obviously only one of many more suits to come. The accidental death of anyone, especially a child, prompts frustration and anger, but I’m not sure how the unsafe claim for the bus’ lack of seatbelts will play out.