James Humann

Complications Associated with Bard’s Recovery IVC Filter May be Introduced in Upcoming Trial Concerning Bard’s G2 IVC Filter

On March 1, 2018, the Court ruled that evidence of the Bard Recovery IVC filter problems may be introduced during the first bellwether trial in multidistrict litigation 2641 (MDL 2641). The Court stated that it would be difficult to try the Booker case without evidence of the Recovery filter and the problems it encountered. Accordingly, Bard’s motion to exclude the evidence was denied and reported problems with the Bard Recovery filter will be fair play in the Booker trial next week.

Thomas Curcio

Most Distracting Phone Apps while Driving

We have all been distracted by our phones. As I sit here writing this blog I’m tempted to check facebook or my messages. However, teenagers are even worse at utilizing willpower, often checking social media in school, while working, and […]

James Humann

Hernia Mesh Litigation Moves Forward as MDL Court Establishes Case Selection Timeline and Bellwether Date for Ethicon Physiomesh

Hernia Mesh Litigation Moves Forward as MDL Court Establishes Pretrial Timeline and Bellwether Date for Ethicon Physiomesh. After years of battling transvaginal mesh lawsuits, Johnson & Johnson subsidiary Ethicon finds itself at the forefront of the expanding litigation over defective hernia mesh products.

Thomas Curcio

Types of Driving Distractions

Last time we discussed examples of distracted driving, but this post we will delve deeper into the types of distracted driving. Distracted driving falls under 3 categories: Visual, Manual, and Mental. Visual is anything that takes your eyes off the […]

Thomas Curcio

The Truth Behind Distracted Driving

Distracted driving has been a buzzword since the penchant for constant communication took hold. The CDC claims that nine people are killed daily due to distracted driving. According to the Governor’s Highway Safety Association, in 2016, distracted driving was reported […]

James Humann

COOK IVC FILTER UPDATE: MDL Court Denies Cook’s Motion to Sever and Orders Remand of Blood Clot Filter Cases to State Court Based on the Forum Defendant Rule

The U.S. District Court in the Southern District of Indiana ordered remand for several Cook IVC filter cases that had been improperly removed to the multidistrict litigation (MDL 2570) from their respective state courts in South Dakota, Texas, and California.

The central question decided by District Judge Richard L. Young was whether medical malpractice claims against in-state implanting physicians should be severed from the product liability claims against the manufacturer.

Thomas Curcio

Guardrail Safety

This year, CurcioBergeron retained a case involving guardrail safety. It got us to thinking about guardrails and what people know about them. In 2015, the Virginia Department of Transportation (VDOT) and the Federal Highway Administration (FHA) both released memos about […]

Mark Emison

Reclined Car Seats Can Be Deceptively Unsafe

Reclined seat attorneys taking a case to trial must prove that the reclined seat defect caused or worsened the plaintiff’s injuries. Often times, attorneys can show that out of several vehicle occupants, only the passenger in the reclined seat suffered serious injuries.

Thomas Curcio

Self Driving Cars and Infrastructure Needs

Autonomous vehicles pride themselves on being able to navigate our busy roads without driver input, however, in order to do that certain smart technology may need to be installed.

Chris Nace

Stroke Response Time Gets a Boost

Victims of strokes may be familiar with the saying that “time is tissue.” This of course means that the time that elapses from the onset of a stroke to treatment directly affects the long-term prognosis for recovery. Doctors are typically […]