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Surgical Warming Blanket Infection Lawsuits Move Forward

In December 2017 thousands of plaintiffs pursuing Bair Hugger lawsuits for hip and knee replacement infections allegedly caused by the surgical warming system learned that the federal judge overseeing their cases refused to bar their preferred expert witnesses from testifying. This was in response t

By Joseph H. Saunders

/ 1 Mar 2018

Surgical Warming Blanket Infection Lawsuits Move Forward

Workers Comp is based on disability

An injured worker is entitled to only three types of payments from workers’ comp: (1) payment for medical treatment, (2) payment for lost wages, and (3) payment for any permanent injuries.

By Legal Examiner Staffer

/ 1 Mar 2018

Cordis Surgical Blood Filter Device Lawsuits Grow

Litigation continues to grow against Cordis Corportion, manufacturer of the Trap OptEase and TrapEase IVC filters, nickel titanium alloy devices indicated for use in patients at risk for pulmonary embolism. Three IVC filter lawsuits are currently pending in Florida’s Palm Beach County Circuit Court.

By Joseph H. Saunders

/ 1 Mar 2018

How the Public Duty Doctrine Plays a Role in Tragedies Like the Parkland Shooting

As the weeks have started to pass on the horrific shooting at Stoneman Douglas High School in Parkland, Florida, we have seen a massive grass roots effort by the students themselves to strengthen school safety that is sweeping the nation, we have heard Presidential promises of…

By Matthew Nace

/ 28 Feb 2018

DePuy Attune Knee Implant Failures Continue

Patients who have received a DePuy Synthes Attune knee replacement have experienced an unusually high rate of early failure of the tibial component. Many experts say that estimate is far to low since it fails to consider unreported events. A close at look the FDA’s…

By Joseph H. Saunders

/ 28 Feb 2018

The District Court Says a School District Must Pay for the Private Schooling of a Special Needs Child in Colorado After US Supreme Court Ruling.

In Endrew f. v. Douglas County School District, No. 12-cv-2620, (Dist. Ct. Colo. 2018) the United States Supreme Court granted certiorari to hear the case. On March 22, 2017, the Supreme Court ruled that the legal standard used by the Tenth Circuit to assess whether…

By T. Thomas Metier

/ 28 Feb 2018

Invokana Side Effects – Amputation

An FDA mandated trial has shown that Invokana use doubles the risk of lower limb amputation. The FDA promptly (July 2017) ordered a black box warning, the most serious warning available. The drug had already been linked to other dangerous side effects – ketoacidosis, bone…

By Legal Examiner Staffer

/ 28 Feb 2018

Latest Pennsylvania Superior Court ruling permits Punitive Damages in Philadelphia Risperdal Suits

On January 9, 2018, a three-judge Superior Court panel handed down a decision that could significantly change the landscape of the Philadelphia Risperdal Docket. The three-judge panel ruled that plaintiffs in the Philadelphia cases may apply the law of their home state to seek punitive…

By Legal Examiner Staffer

/ 28 Feb 2018

Hernia Mesh Problems Continue into 2018

It was not far into the New Year when Ethicon, Inc.—a Johnson & Johnson subsidiary—was named in a hernia mesh lawsuit filed in Idaho by a plaintiff who claims to have suffered from chronic pain and prolonged abdominal weakness for seven years after an incisional…

By Legal Examiner Staffer

/ 27 Feb 2018

Spring Break Road Trip? Beware of RVs

As spring break approaches and the cost of plane tickets increase, many families consider a road trip as a cost-efficient way to take a family vacation. RVs offer both transportation and lodging for the whole family – making them a popular choice for consumers. However,…

By Legal Examiner Staffer

/ 27 Feb 2018

Homestead, You May Own It But That Does Not Mean You Control It

Individuals commonly believe that if they own a piece of real property then they can sell it when they want, transfer it to whomever they want, or devise it through their estate planning documents however they choose. But that is not always the case if…

By Legal Examiner Staffer

/ 27 Feb 2018

When a Party’s Liability is Based Entirely on Respondeat Superior, Is Any Settlement with the Agent Setoff Against the Jury Verdict Entered Against the Principal?

In Marso v. Homeowners Realty Agency, No. 16CA1521, (2018 COA 15) the Colorado Court of Appeals takes on the question. Emily Dilbeck (“Dilbeck”) who was employed by Homeowners Realty, Inc., d/b/a/ Coldwell Banker Home Owners Realty, Inc. (“Coldwell”), acted as Sam and Audrey Marso’s (“Marsos”)…

By T. Thomas Metier

/ 26 Feb 2018