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Hundreds Of Lawsuits Against DePuy Cause State and Federal Courts To Seek Consolidation

After DePuy Orthopaedics and parent company Johnson & Johnson recalled the ASR hip replacements, the number of lawsuits grew high enough to cause New Jersey state and federal Courts to seek to consolidate cases in an effort to reduce costs, avoid duplication and prevent conflict.

All pending and future New Jersey ASR hip replacement recall cases will be assigned to Judge Brain R. Martinotti in Bergen County, NJ.  In the Northern District of Ohio federal cases are already being consolidated, and California cases are being consolidated in San Francisco County. More Hundreds Of Lawsuits Against DePuy Cause State and Federal Courts To Seek Consolidation

The First Class Action Lawsuit in Sony PlayStation Data Breach Has Been Filed

A class action lawsuit, started by Kristopher John of Alabama, has been filed against Sony Playstation Networks for failing to warn customers in a timely manner about a security breach that left millions of records compromised.

The lawsuit also claims that Sony did not take reasonable care in protecting and securing the breached records that contained sensitive user data, including passwords and credit card information as well as user names and residential addresses. More The First Class Action Lawsuit in Sony PlayStation Data Breach Has Been Filed

Lawsuit Filed In Pennsylvania Natural Gas Well Fire

Chesapeake Appalachia is being sued in West Virginia by two workers who were injured in an explosion at a natural gas drilling site just outside of Avella, a small town in southwestern Pennsylvania, about 25 miles from Pittsburgh.   Hydraulic fracturing of the well had been completed at the time of the fire.

Though Chesapeake has not commented on the lawsuit, the Pennsylvania Department of Environmental Protection has reported that Chesapeake mismanaged flammable byproducts before the February 23 explosion. More Lawsuit Filed In Pennsylvania Natural Gas Well Fire

Botox Lawsuit Awards Virginia Man $212 million

A U.S. District Court awarded Douglas Ray Jr. $212 million after lawsuit claims Botox manufacturer Allergen failed to warn his doctor about the risks of Botox which left Ray brain damaged and disabled.

In one of the largest awards regarding Botox lawsuits, one of Ray’s lawyers said the lawsuit asked for $12 million in compensatory damaged and left the punitive damage amount up to the jury. More Botox Lawsuit Awards Virginia Man $212 million

Medtronic Spine Device Lawsuit Dismissed After Reaching Settlement

Judge Daniel R Dominguez dismissed with prejudice a product liability lawsuit against Warsaw Orthopedic Inc., (DBA Medtronic Sofamor Danek USA Inc) after the parties involved reached a confidential settlement. The original lawsuit filed by Aileen Beltran Alicea, sought damages in the amount of $11.9 million for physical pain and anguish, mental and moral anguish, medical expenses and lost wages as well as compensation for the emotional distress caused to her family.

Alicea filed the lawsuit after having a lumbar fusion surgery in 2008, in which a Danek 3-D TSRH Spinal System was inserted into her spine.  Within a year, the part of the inserted system shattered, forcing Alicea to have a second surgery. In August 2009, another part of the implanted system failed and Alicea was forced to have a third surgery which, the suit claims resulted in life threatening complications. More Medtronic Spine Device Lawsuit Dismissed After Reaching Settlement

Growing Number of Lawsuits Filed Against Plavix Manufacturers

Bristol Myers Squibb Co and Sanofi-Aventis filed a request for mass tort designation in New Jersey earlier this month because of  the number of Plavix lawsuits filed by former users.

Plavix, a blood thinner that prevents clots, is a highly popular drug that generated more than $6 billion in U.S. sales alone. The complaints filed against its manufacturers allege that they failed to provide adequate warning about the risk of potentially life threatening side effects, and fraudulently promoted the medication as a safer alternative to the far less expensive aspirin. More Growing Number of Lawsuits Filed Against Plavix Manufacturers

Fosamax Lawsuit Accuses Manufacturer of Concealing Unreasonably Dangerous Risks

Josephine P. Naccio, Louisiana,  filed a personal injury lawsuit against Merck Sharp & Dohme Corp, the manufacturers of the drug Fosamax, regarding over-promotion of the drug for alleged non-approved or “off-label” uses.

Naccio accuses Merck Sharp & Dohme Corp of concealing the “unreasonably dangerous risks” , after she sustained an unexplained femur fracture.  The plaintiff stated that she would not have taken Fosamax if she had been aware of the side effects and risks caused by long term use of the drug. More Fosamax Lawsuit Accuses Manufacturer of Concealing Unreasonably Dangerous Risks

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A lawsuit filed by an Ohio woman claims that long-term use of Nexium caused her leg bone to break in half because of severe bone deterioration. The suit also states that while Nexium is used to treat heartburn and acid reflux,  a major side effect of the drug is that it prevents calcium absorption.

The lawsuit claims that “Despite knowing Nexium causes bones to deteriorate and break, Defendants marketed and sold Nexium without warning consumers of the significant risks of bone deterioration and fractures.” The suit also says that the FDA issued a safety alert regarding osteoporosis and fractures, and that studies show a significant increase in fracture risks for patients over 50. More .Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker
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The Supreme Court recently decided that companies can require customers and employees to file lawsuits individually, instead of joining with others who have similar grievances to file class action lawsuits.

This decision overturns a 2005 California Supreme Court ruling that allowed customers to form a class even if contractual arbitration agreements prohibited class actions. The previous ruling said that banning class actions protected companies while potentially leaving individuals with small claims little recourse. More .Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker
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What started as a law to forbid lawsuits for combat-related injuries and deaths soon grew to bar any injury “incident to service”. The 1950 Feres Doctrine protects military medical personnel from negligence lawsuits by preventing service members from suing for damages.

If Feres is overturned by the Supreme Court, and at least one justice is highly critical of the law, the government may face millions in yearly medical malpractice claims. More .Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker Owned By Lucky@Hacker
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