Michael Phelan - The Legal Examiner (Page 3)

Federal Judge Warns Bard Shareholders: Settle Pelvic Mesh Lawsuits

Judge Joseph Goodwin of the United States District Court for Southern West Virginia is overseeing the multi-district litigation (MDL) involving thousands of the lawsuits filed over C.R. Bard’s pelvic mesh devices for pelvic organ prolapse and stress urinary incontinence. Bard faces more than 12,400

By Michael Phelan

/ 12 Dec 2014

Takata Airbag Cover Up: another example of why Tort Reform is a Terrible Idea

At least 139 people have been injured as a result of shrapnel shot out from defective Takata airbags. And, millions of vehicles are now on NHTSA’s recall list because of the Takata airbag recall. Honda had to recall 5.1 million vehicles equipped with Takata airbags.…

By Michael Phelan

/ 11 Nov 2014

Wal-Mart Refuses to Accept Responsibility in Tracy Morgan Case

Wal-Mart Stores, Inc. and Wal-Mart Transportation were sued in the United States District Court for the District of New Jersey by Tracy Morgan and others in connection with the deadly tractor trailer truck crash last summer on the New Jersey Turnpike that left one person…

By Michael Phelan

/ 30 Sep 2014

Karl Storz Threatens to Sue Doctor Who is Campaigning Against Power Morcellators

The case of Dr. Amy J. Reid has helped bring world-wide attention to the risks that power morcellation procedures can spread cancer inside a woman’s body. Dr. Reid, a 41 year old radiologist and mother of six children, had a power morcellation procedure to remove…

By Michael Phelan

/ 28 Aug 2014

Repeal Mensing in Response to AL Generic Drug Decision

The Alabama Supreme Court ruled Friday that brand-name drug makers can be held liable for warnings on a generic version of the company’s medication made by another company. The case, which was originally filed in federal court by Danny and Vick Weeks, alleged that Mr.…

By Michael Phelan

/ 18 Aug 2014

Power Morcellator Recall by J&J’s Ethicon Unit

Medical devices known as power morcellators are a set of spinning blades used during laparoscopic surgeries to cut tissues. Morcellation refers to the division of tissue into small fragments, which allows the surgeon to remove the tissue through small incission sites. Power morcellation has been…

By Michael Phelan

/ 31 Jul 2014

Six Things to Know about Pooled Special Needs Trusts

I am posting this article for a friend and guest blogger, JoAnn Marcus. JoAnn is the Executive Director of Commonwealth Community Trust, a nonprofit organization that administers pooled special needs trusts. Her post follows: Special needs trusts are a common tool used by attorneys…

By Michael Phelan

/ 25 Jun 2014

Patients Should Know: Power Morcellation to Treat Uterine Fibroids May Spread Cancer

The surgical procedure called power morcellation has become a popular treatment for uterine fibroids. Laparoscopic power morcellators are electric surgical devices. Morcellation refers to the cutting up of tissue into smaller pieces or fragments. The technique involves insertion of a tiny instru

By Michael Phelan

/ 19 Jun 2014

Are Uber and Lyft Drivers Insured?

Consumers love Uber and Lyft, two ride services that use mobile apps to connect passengers with part-time drivers who use their own vehicles. The businesses operate outside of most state regulations of a traditional taxi service, and are therefore coming under much scrutiny from state…

By Michael Phelan

/ 6 Jun 2014

Let There Be Light

The best way to ensure that the products sold on the U.S. market are safe for their intended and foreseeable purposes is not through regulation or legislation, but rather through a strong and transparent civil justice system. The preservation of the right to trial by…

By Michael Phelan

/ 22 Apr 2014

Risks of Testosterone Therapy for “Low T”

Are you a middle-aged man experiencing low libido, weaker erections, fatigue, irritability, or muscle loss? If so, you’ve probably noticed the ubiquitous drug company advertisements touting testosterone therapy as the panacea for these and other conditions. According to a statement from the Endocri

By Michael Phelan

/ 20 Feb 2014

Low T – A Common Effect of Aging, Not Another Reason to Push Drugs

Testosterone therapy has been widely advertised as a way to help aging men improve low sex drive and regain their energy. Indeed, the television ads are ubiquitous. An athletic looking man who appears to be in his forties applies a gel to his underarm, just like…

By Michael Phelan

/ 9 Feb 2014