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James Humann

IVC FILTER UPDATE: Second Bard IVC Bellwether Case Moves Forward as MDL Judge Narrows the Issues for Trial

Currently, there are thousands of personal injury cases pending against Bard in the MDL and the first bellwether trial, Sherr-Una Booker v. C.R. Bard, Inc., et al., will soon be in the hands of an Arizona jury. Recently, District Judge David G. Campbell issued a ruling on Bard’s summary judgment motion that will define the issues for the second bellwether trial which is currently scheduled to begin on May 15, 2018.

David Mittleman

Dr. Raymond Allard Accused of Sexual Harassment in 2014; Part IV

As early as 2014, numerous Sparrow officials knew of Dr. Allard’s misconduct, abhorrent behavior, and unsanitary medical practices. In 2014 Carson Hospital received complaints against Dr. Raymond Allard’s conduct.  A surgical assistant who had a long time relationship with Dr. […]

T. Thomas Metier

Did Plaintiffs Impliedly Waive Physician-Patient Privilege Such That Ex Parte Interviews May Be Permitted in a Medical Malpractice Action?

The Supreme Court of Colorado undertook this complicated question in In Re Bailey v. Hermancinski, No. 17SA20, (2018 CO 14). In this original proceeding, the Supreme Court of Colorado considers the scope of the physician–patient privilege in a medical-malpractice action. […]

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.

David Mittleman

Sparrow Hospital Infection Investigation by Feds Released

Numerous Sparrow Hospital officials were aware that orthopedic surgeon Raymond Allard, D.O., was engaging in unsanitary surgical and post-surgical practices that were causing patients to develop rampant infection, including antibiotic resistant infections.  The Sparrow Hospital officials, including hospital administration and […]

Mark Bello

Lavern’s Law Rights a Wrong in New York’s Medical Malpractice System

Five years after the Daily News told Lavern Wilkerson’s tragic story, New York Governor Andrew Cuomo has signed a bill extending the amount of time in which a patient can file a medical malpractice lawsuit for a missed cancer diagnosis. […]

Thomas Greer

Child Injured During Birth; Hospital Called Out In Social Media

For most, an injury to their new infant during birth would be a devastating occurrence—yet, for one Tennessee family, insult was added when Vanderbilt University Medical Center in Nashville charged the family in full for the service, minus any kind […]

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.

John Bair

This New NY Law Protects Medical Malpractice Plaintiffs

In New York State, a huge move in the civil justice space has just increased protections for patients injured as a result of medical malpractice. New York Governor Andrew Cuomo has officially signed Lavern’s Law, which extends the amount of […]

T. Thomas Metier

In a Medical Negligence Case, Should the Initial Provider Be Allowed to Present Evidence That a Later Provider’s Negligence Caused the Injury?

In Danko v. Conyers, No. 16CA1383, (2018 COA 14), the Colorado Court of Appeals took on this complicated question. David J. Conyers, M.D., (“Conyers”) performed carpal tunnel surgery on Deborah Danko (“Danko”). According to Danko, Conyers negligently failed to detect […]