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Lawsuit Joins DePuy ASR Hip Multidistrict Litigation

The national law firm of Parker Waichman LLP has filed a lawsuit in U.S. District Court for the Northern District of Ohio, Western Division on behalf of a man who suffered pain and complications allegedly caused by the DePuy ASR Hip implant. The lawsuit joins many other cases in multidistrict litigation against defendants DePuy Orthopaedics, Inc., DePuy Inc., DePuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc., and Johnson & Johnson International.

The lawsuit says the plaintiff received the DePuy ASR metal-on-metal hip implant in July 2007, after which he began to experience pain in weakness in his leg and hip. The suit claims that DePuy failed to warn consumers and physicians about the risks associated with the device, and that the plaintiff was unaware of these risks until the company issued a global recall of the ASR device in 2010. More Lawsuit Joins DePuy ASR Hip Multidistrict Litigation

J&J Settles with States over Risperdal

While admitting no guilt, Johnson & Johnson and 36 states have reached a $181 million settlement over Risperdal marketing and off-label promotion.

While the settlement is considered the largest multi-state settlement, the battle against J&J and subsidiary Janssen Pharmaceuticals is not over. In fact, J&J paid a $158 million settlement to stop a Texas trial, and is planning on appealing a $1.2 billion penalty imposed in Arkansas. The drug giant is also in negotiations with the U.S. Department of Justice over potential criminal charges and a $2 billion penalty resulting from a separate investigation. More J&J Settles with States over Risperdal

NY Fracking Guidelines Expected Soon

Amidst high controversy, New York State’s Department of Environmental Conservation is expected to release their final guidelines regarding hydraulic fracturing gas drilling in the coming days, after spending four years studying the research surrounding the process.

While supports and representatives from the fracking industry complain that it has taken far too long for approval to come, opponents of the natural gas drilling technique say that they will be analyzing the guidelines to ensure they were completed according the State Environmental Quality Review Act. The Act requires the Department of Environmental Conservation to review the fracking process thoroughly, including its potential effect on the environment, and alternative techniques. More NY Fracking Guidelines Expected Soon

Potential Statue of Limitations Breakthrough for Sex Abuse Victims

U.S. District Court Judge Frederic Block has issued what some have called the “best news out of a court for the victims of sexual abuse this year,” when he decided that a state’s  statute of limitations does not automatically disqualify a sex abuse case. This is particularly good news for child sexual abuse victims in New York, which has one of the strictest sexual abuse limitation windows.

Judge Block’s ruling was regarding the allegations of 12 alumni of the Brooklyn private school, Poly Prep Country Day School, who claim they were raped and molested by Coach Philip Foglietta. The allegations go back as far as 1966 when Foglietta started his career as the school’s football coach. More Potential Statue of Limitations Breakthrough for Sex Abuse Victims

National Law Firm Files Transvaginal Mesh Lawsuit

The national law firm of Parker Waichman LLP has filed a lawsuit in the U.S. District Court for the Southern District of West Virginia against Ethicon, Inc., Ethicon Women’s Health and Urology, Gynecare, Johnson & Johnson and American Medical Systems, Inc, over injuries allegedly caused to a Mississippi woman who was implanted with transvaginal mesh products.

In 2009, for the treatment of pelvic organ prolapse and stress urinary incontinence, the plaintiff was implanted with three transvaginal mesh products; the Elevate Anterior and Apical System with Intepro Lite, the Elevate Apical and Posterior System with Intepro Lite, both by American Medical Systems, and the Gynecare TVT System by Johnson & Johnson, the lawsuit says. More National Law Firm Files Transvaginal Mesh Lawsuit

Environmental Agencies Sue over Safety Regulation Enforcement Failures

The Center for Food Safety and the Center for Environmental Health have filed a lawsuit in U.S. District Court for the Northern District of California, against the U.S. Food and Drug Administration and the Office of Management and Budget over alleged failures of implementation and enforcement of new food safety laws that, the groups say, could prevent the death and illness of thousands of people each year.

According to the lawsuit, the government agencies involved have repeatedly neglected to issue the finalized regulation required by the 2011 Food Safety Modernization Act. The lawsuit seeks a court order to force the government to implement and enforce the law, Reuters reports.

Andrew Kimbrell, Center for Food Safety Executive Director said, “President Obama says the passage of this bill is one of the hallmarks of his first administration.” However, Kimbrell continues, “The bill is useless unless the agencies actually promulgate regulations that make it work. This is very serious. They are twiddling their bureaucratic thumbs while Americans become sick and die.”

The new law would update food standards and procedures, as well as traceability protocols, which would force the food company to identify sources of contamination and prevention tactics.

 

Two-year Statute of Limitations May Halt DePuy Hip Lawsuits

August 26, 2012 marked the two-year anniversary of the DePuy ASR hip implant recall, which means that attorneys for Johnson & Johnson subsidiary DePuy Orthopaedics can argue to cut off claims filed after that date.

The statute of limitations period depends on the state in which the hip replacement surgery occurred as well as what injuries were allegedly suffered due to the device. Many states have a two-year statute of limitations window.

So far, no court has ordered a halt to lawsuit filings; it may be too early to tell how the window will affect new suits.

Currently most federally filed DePuy ASR hip replacement lawsuits have been consolidated to the U.S. District Court for the Northern District of Ohio under Judge David Katz, while nearly 1,100 lawsuits have been consolidated in multidistrict litigation in Texas under Judge James Kinkeade.

In the Ohio court, Judge Katz ordered both parties to present four cases for consideration as bellwether trail candidates for trials in 2013. Recently, DePuy settled a Nevada lawsuit, which was scheduled for a December trial, as well as two other cases for an estimated $600,000.

 

 

 

NuvaRing Bellwether Trial Set in NuvaRing Lawsuit MDL

U.S. District Judge Rodney W. Sippel has issued an order scheduling the first bellwether trial in the federal NuvaRing multidistrict litigation consolidated to U.S. District Court for the Eastern District of Missouri. The trial date is set for May 6, 2013.

The bellwether was chosen out of approximately 800 cases centralized under Judge Sippel, and was filed by Marianne Prather who alleged the birth control ring NuvaRing caused her to suffer a pulmonary embolism at the age of 33. Both plaintiffs and defendants will choose additional cases to be considered as the second and third bellwether cases for trial. More NuvaRing Bellwether Trial Set in NuvaRing Lawsuit MDL

Bill Requires California College Employees to Report Child Sex Abuse

The California Senate has passed bill AB1434 requiring employees of any California college to report anyone suspected of child sexual abuse.

Though under California law, all teachers, teacher aides, doctors, as well as any other person who supervises children are required to report abuse suspicions, Bill AB1434, which is awaiting Assembly approval, will require college and university employees to report suspicions also. More Bill Requires California College Employees to Report Child Sex Abuse

Patients Warned to Seek Legal Advice Prior to Having Artificial Hips Removed as DePuy ASR Hip Implant Judge Issues Explant Preservation Order

The national law firm of Parker Waichman LLP has issued a warning to all patients who have faulty hip or knee replacement devices to seek legal advice before having the device removed or replaced. The firm says that the device, as well as any tissue surrounding the device could prove to be crucial evidence in any personal injury lawsuit the patient may currently be pursuing, or may consider pursuing in the future.

An attorney for the firm says that if the device is not removed following proper explantation protocols, there is risk that a court would declare the evidence spoiled, which could potentially put any legal claims in jeopardy. More Patients Warned to Seek Legal Advice Prior to Having Artificial Hips Removed as DePuy ASR Hip Implant Judge Issues Explant Preservation Order