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DuPont Heads To Court Over Imprelis Fiasco

?A federal judge will arguments  on September 20 regarding a motion to require DuPont to notify victims of  Imprelis herbicide of the steps needed to preserve evidence of tree damage.

Imprelis was pulled from the market in early August after DuPont acknowledged the herbicide killed or damaged certain species of trees. More DuPont Heads To Court Over Imprelis Fiasco

Boston Scientific, American Medical System Accused In Transvaginal Mesh Lawsuit

Boston Scientific Corp., and American Medical Systems Holding Inc., have been named in a lawsuit alleging that the companies sold transvaginal mesh products that were defective and caused severe injuries to women who had the products implanted to reinforce and support organs that prolapsed (Pelvic Organ Prolapse or POP)into the vagina due to various causes, including childbirth, obesity and age.

The lawsuit follows other complaints filed against C.R. Bard for the Avaulta transvaginal mesh. The lawsuits allege that the mesh causes tissue erosion, infections, and tend to migrate from the implant site. Because tissue weaves through the mesh to hold it in place, the mesh is nearly impossible to totally remove. More Boston Scientific, American Medical System Accused In Transvaginal Mesh Lawsuit

Over 350 Lawsuits Filed In August Against DePuy Orthopaedics ASR Hip Implants

Johnson & Johnson subsidiary DePuy Orthopaedics is facing an ever growing list of lawsuits alleging issues with the metal-on-metal ASR hip replacement devices.

Nearly 700 lawsuits were filed in the past two months, with a total of over 1,700 since the original consolidation in the Northern District of Ohio, under Judge David Katz, when the court ordered that patients be allowed to directly join the litigation rather than file in separate districts and have to wait for the cases to be transferred to the Ohio court. Katz ruled this would “eliminate delays associated with transfer of cases in or removed to other federal district courts to this Court, and to promote judicial efficiency.” More Over 350 Lawsuits Filed In August Against DePuy Orthopaedics ASR Hip Implants

Judge Tosses Part Of Bellwether Lawsuit Against Fosamax

U.S. District Judge John Keenan has tossed part of a bellwether lawsuit filed by Linda Secrest saying that no reasonable jury could rule in her favor regarding punitive damages over the claim the Merck failed to warn consumers and physicians of the possibility of increased side effects of Fosamax.

Secrest claims that she used Fosamax from 1998 to 2005, which caused her to develop osteonecrosis of the jaw as well as other jaw and oral cavity problems. More Judge Tosses Part Of Bellwether Lawsuit Against Fosamax

Del Monte Fresh Files Notice Of Intent to Sue Oregon Public Health

Del Monte Fresh Produce N.A., a subsidiary of Fresh Del Monte Produce Inc., has filed a notice of intent to sue the Oregon Health Authority Public Health Division and a health official, because of its conduct and misleading allegation that Del Monte Fresh imported cantaloupes were the source of a Salmonella outbreak, even though the agency had no sufficient factual basis to make those claims.

In a press release, Del Monte Fresh announced, “[t]he FDA investigation ultimately found no connection between Del Monte Fresh cantaloupes and any cases of Salmonella Panama, including in Oregon,” the company says. “FDA issued a notice ending the recall on July 29, 2011.” More Del Monte Fresh Files Notice Of Intent to Sue Oregon Public Health

Texas Product Liability Lawsuit Filed Against Zimmer NexGen Knee Replacement

Gerald Waterston has filed a product liability lawsuit against Zimmer Inc., Zimmer Holdings, and Zimmer Orthopaedic Surgical Products., in the Eastern District of Texas, Marshall Division alleging their knee replacement device loosens after implantation, causing the need to replacement surgery.

Earlier this month, the U.S. Judicial Panel on Multidistrict Litigation ordered that all Zimmer Nexgen Knee implant lawsuits be consolidated and transferred to U.S. District Court in Illinois.  The lawsuits involved in  the  <a href=”http://www.yourlawyer.com/topics/overview/Zimmer-NexGen-Knee-Replacement-CR-Flex-Lawyer-Lawsuit-Recall-Attorney”>Zimmer NexGen CR-Flex femoral components</a>, <a href=”http://www.yourlawyer.com/topics/overview/Zimmer-NexGen-MIS-Tibial-Component-Complete-Knee-Recall-Lawsuit”>Zimmer NexGen MIS Tibial components</a> or <a href=”http://www.yourlawyer.com/topics/overview/Zimmer-NexGen-LPS-FLEX-Knee-Implant-Recall-Lawsuit-Lawyer”>Zimmer NexGen LPS-Flex femoral components</a>. More Texas Product Liability Lawsuit Filed Against Zimmer NexGen Knee Replacement

DePuy Lawsuit Filed By Texas Woman Over ASR XL Acetabular Hip Replacement

Carrie Patrizi of Beaumont, Texas, has filed a lawsuit against DePuy Orthopaedics Inc., and Johnson & Johnson Services Inc., in the Eastern District of Texas, Beaumont Division, alleging the companies knew the ASR XL Acetabular Hip Replacement devices were prone to fail within two years, even though the device is promoted as lasting over 15 years, the Southeast Texas Record reported.

Patrizi had hip replacement surgery in 2009 and the defendants voluntarily recalled the ASR devices in 2010. In the lawsuit, Patrizi said she would not have had the implant if she had known that she would have to undergo a second surgery to remove the hip replacement. More DePuy Lawsuit Filed By Texas Woman Over ASR XL Acetabular Hip Replacement

Florida Woman Sues Over Fosamax Jaw Necrosis

The trial for a lawsuit filed by Linda Secrest of Florida, against Merck alleging that the drug company failed to warn consumers about serious side effects caused by long-term use of its popular osteoporosis drug Fosamax, is set to begin September 7, in U.S. District Court for the Southern District of New York.

Merck is facing over 1,100 lawsuits regarding Fosamax and an increased risk of developing the serious side effect of jawbone decay. Many of the lawsuits have been consolidated as part of a MDL in the U.S. District Court for the Southern District of New York. Of the bellwether trials that have been held thus far, Merck has been successful in defending Fosamax in three cases, however, one case resulted in an $8 million jury award to a plaintiff who suffered jaw damage and who alleged that Merck did not adequately research or warn consumers about the jaw necrosis side effects of the drug. More Florida Woman Sues Over Fosamax Jaw Necrosis

Judge Rules Against Fracking Lease in New York

Supreme Court Judge James Gilpatric has ruled that a gas drilling lease signed by a Narrowsburg, New York resident violated a ban in the homeowners association covenants regarding commercial use.

The Weiden Lake Property Owner’s Association filed a lawsuit after resident Jeff Klansky signed a lease that gave Texas based Cabot Oil & Gas five years to “explore for, drill for, produce and market, oil, gas and other hydrocarbons” from Klansky’s 66 acre tract. The association claimed that Klansky’s lease with the gas drilling company violated “clear and unambiguous” covenants that prohibit commercial activities like oil and gas drilling. More Judge Rules Against Fracking Lease in New York

Chantix MDL To Begin Deposition Phase

Hundreds of lawsuits against Chantix have been consolidated into Multidistrict Litigation (MDL) under U.S. District Judge Inge Johnson, at the U.S. District Court for the Northern District of Alabama. The lawsuits allege that Chantix, a smoking cessation drug, caused users to suffer serious psychological side effects, including causing them to commit suicide. It has also been alleged that Chantix, manufactured by Pfizer can cause aggressive behavior.

Lawyers appearing before the judge for a status conference said they will begin taking individual plaintiff depositions mid-September from a small group of cases that have been selected for initial discovery to be included in bellwether trials, and that Pfizer employee depositions will continue. More Chantix MDL To Begin Deposition Phase