Michael Phelan - The Legal Examiner

Americans’ rights under attack

Have you ever read the Seventh Amendment to the Constitution? It says “the right of trial by jury shall be preserved.” (emphasis added). Wouldn’t it be great if our elected officials were as concerned with preserving consumers’ Constitutional right to a trial by jury in…

By Michael Phelan

/ 13 Mar 2017

Facts about E-Cigarette Explosions

E-cigarettes or electronic vaporizers are battery-powered devices that simulate tobacco smoking by producing a heated vapor. According to an October 2014 article by the U.S. Fire Administration entitled, Electronic Cigarette Fires and Explosions, E-cigarettes were first patented in 2003 and have bee

By Michael Phelan

/ 9 Feb 2017

E-Cigarette Explosions

According to the U.S. Food and Drug Administration, at least 66 e-cigarette batteries have exploded since 2015. The FDA is currently reviewing e-cigarette explosions, but has yet to take action. Recently, New York Senator, Chuck Schumer, asked the FDA and the Consumer Product Safety Commission…

By Michael Phelan

/ 22 Dec 2016

Stryker Hip Recall

Why is the Stryker V40 femoral head subject to Recall and Hazard Alert? Stryker LFIT Anatomic CoCr V40 femoral heads are modular components used in total hip replacement surgeries. This product is the subject of recall and hazard alert because some of the V40 femoral…

By Michael Phelan

/ 20 Dec 2016

Stockert 3T Heater-Cooler Device – Infectious Diseases

The Stockert 3T heater-cooler device, which is used to regulate body temperature during certain surgeries, has been linked to a dangerous microorganism that can cause infections and death. The Stockert 3T heater-cooler system is used to regulate a patient’s body temperature during cardioplegic surge

By Michael Phelan

/ 13 Dec 2016

Justice Against Sponsors of Terrorism Act (JASTA)

The Senate voted overwhelmingly today to override President Obama’s veto of JASTA. Senators voted 97-1 to override the veto. The lone “no” vote was cast by Harry Reid. The House vote on the president’s veto is expected later today. If the House overrides, the bill…

By Michael Phelan

/ 28 Sep 2016

Almost 100 Hepatitis A Cases Linked to Tropical Smoothie

The number of hepatitis A cases linked to contaminated frozen strawberries served by Tropical Smoothie Cafe’ seems to grow daily. The number is now up to 100, with at least 80 Virginia residents reported to have contracted hepatitis A after drinking smoothies from Tropical Smoothie…

By Michael Phelan

/ 9 Sep 2016

55 Cases of Hepatitis A in VA Linked to Tropical Smoothie

The Virginia Department of Health confirmed Wednesday that 55 Virginia residents have tested positive for hepatitis A associated with the contaminated Tropical Smoothie Café strawberries from Egypt, including six from the Central Region, which includes Richmond. An official with the Centers for Dise

By Michael Phelan

/ 1 Sep 2016

Why are E-Cigarettes Blowing Up?

Before any of you vaping fanatics get all fired up (pun intended) about this post, watch this You Tube video – E-Cigarette Explodes in Man’s Pocket. The poor guy is simply trying to pay for something at the Shell station when the battery in the…

By Michael Phelan

/ 29 Jul 2016

Virginia now has a Discovery Rule for Medical Device Cases

“In products liability actions against parties other than health care providers…for injury to the person resulting from or arising as a result of the implantation of any medical device, [the cause of action shall be deemed to accrue] when the person knew or should have known of the injury and its ca

By Michael Phelan

/ 28 Jul 2016

Post-Trial Rulings on $497 Million Pinnacle Hip Verdict

As reported in our article about the second bellwether trial involving an allegedly defective metal-on-metal Pinnacle hip implant, $360 million of the $497.6 million verdict rendered in March to five plaintiffs against Johnson & Johnson and its DePuy unit was awarded as punitive damages. As…

By Michael Phelan

/ 7 Jul 2016

Pinnacle Hip Implant Trials to Continue

The multidistrict litigation (MDL) regarding allegedly defective Pinnacle metal-on-metal hip implants made by Johnson & Johnson’s DePuy Orthopaedics, Inc. unit is being overseen by Texas U.S. District Judge Ed Kinkeade. The first bellwether trial in the Pinnacle hip implant MDL ended in October 201

By Michael Phelan

/ 14 Jun 2016