Tag: Personal Injury
-
J&J Hit with $120 Million Verdict at Mesh Trial
A Philadelphia jury returned a $120 million verdict against Johnson & Johnson after finding that a negligently designed pelvic mesh implant caused chronic pain and suffering, which left plaintiff Susan McFarland incontinent and unable to have sex for the last 10 years. McFarland alleged the implant she received in 2008 caused the product to saw through the soft tissue in her pelvis and become exposed in her vagina. She had to undergo a second surgery to remove a portion of the implant (Susan McFarland,et al. v. Ethicon Inc., et al., No. 130701577, Phila. Comm. Pls. Ct.).
This is the second of two trials. The jury in the first trial was deadlocked, unable to agree on the extent of negligence of the design of the Ethicon product. Tracie Palmer, McFarland’s attorney, added in the second trial that the vaginal mesh was on market prior to clinical studies determining its safety and efficacy.
Defense attorney Adam Spicer maintained that the chronic pain McFarland experienced could be due to other causes, including her age. He said the product had been used for years prior.
McFarland’s case is one of more than 100,000 cases brought together in the MDL, down from nearly 105,000 cases against seven manufacturers. The MDL will be closing and there will be two more waves of trial, with next wave comprising 150 cases. Final settlement conferences are scheduled for August 1 with trial set to begin August 14.
McFarland and her husband are represented by Tracie Palmer, Braden Lepisto, Shanin Specter and Lee Balefsky of Kline & Specter PC.
Ethicon is represented by Kate Skagerberg of Beck Redden LLP, Adam Spicer, Paul Rosenblatt and Jordan Walker of Butler Snow LLP, and D. Alicia Hickok, Kenneth Murphy and Melissa Merk of Drinker Biddle & Reath LLP.
-
Philadelphia Jury Hits J&J with $120M Award in Mesh Injury Case — Law360
[one-half-first]
[/one-half-first] [one-half]“Jurors credited claims from Susan McFarland that the negligent design of a mesh implant she received in 2008 caused the product to saw through the soft tissue in her pelvis and become exposed in her vagina. She was eventually forced to undergo a second surgery to remove a portion of the implant.
“The pain she’s been left with as a result of the complications, she says, has prevented her from having sex with her husband for the last 10 years.
“This is the second time jurors have been asked to determine whether McFarland and her husband should be awarded damages for injuries she attributes to alleged defects in a so-called TVT-O implant she received to treat urinary stress incontinence.”
Read the complete article on Law360 here. [/one-half]
-
Top Class Actions: Vaccine Litigation Case Roundup
[one-half-first]
[/one-half-first] [one-half]There have been numerous lawsuits filed alleging injuries caused by the shingles vaccine Zostavax. Cases have stated they were not warned of the adverse side effects of the vaccine alleging it caused the diseases it is meant to prevent, among other things.Here is what the CDC says to consumers: “Your risk of shingles and postherpetic neuralgia (PHN) increases as you get older. CDC recommends that people 60 years old and older get shingles vaccine (Zostavax®) to prevent shingles and PHN. Shingrix (recombinant zoster vaccine) is the preferred vaccine, over Zostavax® (zoster vaccine live), a shingles vaccine in use since 2006. Zostavax may still be used to prevent shingles in healthy adults 60 years and older. For example, you could use Zostavax if a person is allergic to Shingrix, prefers Zostavax, or requests immediate vaccination and Shingrix is unavailable. Zostavax (zoster vaccine live) was licensed by the FDA in 2006. This vaccine reduces the risk of developing shingles by 51% and PHN by 67%. It is given in one dose as a shot, and can be given in a doctor’s office or pharmacy.“
Read more: https://www.cdc.gov/vaccines/vpd/shingles/public/zostavax/index.html
The vaccine is produced by Merck & Co. Their product information can be found here: https://www.merckvaccines.com/Products/Zostavax
Here is a roundup of the cases filed.
[/one-half]
1.Husband and Wife File Zostavax Shingles Vaccine Lawsuit
“A North Carolina husband and wife recently filed a new Zostavax shingles vaccine lawsuit against pharmaceutical giant Merck & Co., alleging the vaccine caused serious side effects.
“The plaintiff, Cecilia S., says she was inoculated with the Zostavax vaccine on March 5, 2017, in order to prevent shingles (or herpes zoster). Unfortunately, the day after receiving this vaccine, Cecilia alleges she suffered from a number of problems, including herpes zoster, cellulitis, and postherpetic neuralgia.”
2. Zostavax Lawsuit Says Vaccine Caused Shingles
“West Virginia patient has filed a Zostavax lawsuit claiming the shingles vaccine gave her shingles instead of preventing her from getting it.
“Shingles is a rash caused by a virus, and can have lasting effects, according to Science News. Shingles is more common in older people, and recently, Pharmacy Times reported that there has been a push to increase vaccination rates.”
3. Can You File a Shingles Vaccine Lawsuit?
“Some patients have come forward with reports of major complications after treatment with Zostavax, a popular shingles vaccine—and some have even filed a shingles vaccine lawsuit over these Zostavax side effects.”
4. No Warning of Severe Reactions to Shingles Vaccine, Couple Claims
“A couple from Illinois alleges they are suffering from severe reactions to shingles vaccine, complications that pharmaceutical company Merck allegedly failed to warn about.
“The couple filed legal action after discovering other patients had reported similar adverse vaccine reactions soon after getting the Zostavax shot.
“Plaintiffs Victoria and Earl V. filed this Zostavax lawsuit alleging Victoria developed shingles, or herpes zoster, despite having been vaccinated against it.”
5. Lawsuit Alleges Hearing Problems Due to Zostavax Shingles Vaccine
“Plaintiff Kim M. is the latest to lodge a lawsuit against Zostavax maker Merck and Company, arguing that the shingles vaccine causes preventable and dangerous Zostavax side effects such as hearing loss. She argues that she might have made a different decision about getting the shot if she had known about the risks.
“The plaintiff alleges that she received the Zostavax vaccine for regular health purposes and prevention of shingles in February 2016 while a resident of California.”
6. Lawsuit Alleges Shingles Vaccine Adverse Effects are Permanent
“A couple has filed a lawsuit alleging they suffer from shingles vaccine adverse effects.
“Plaintiffs Kathleen H. and Joseph W. say Kathleen received the Zostavax vaccine in 2017 for the prevention of shingles, medically known as herpes zoster.
“They allege she suffered severe side effects from the inoculation, including a stroke, physical limitations, mental and emotional distress and severe, permanent personal injuries.”
7. Common Zostavax Shingles Vaccine Complaints Named in New Lawsuit
“The Zostavax shingles vaccine emerged on to the market as a new option for people at risk for developing shingles to guard against it. The CDC recommends that individuals aged 60 and older get the shingles vaccine whether or not they remember having had chicken pox previously in their life. According to research studies, more than 99 percent of Americans 40 and beyond have gotten chickenpox even if they don’t remember getting the disease.”
8. Growing MDL Alleges Serious Zostavax Shingles Vaccine Reactions
“Merck & Co. is facing a growing multidistrict litigation (MDL) consisting of similar claims alleging patients developed serious side effects from the company’s Zostavax shingles vaccine.
“One of the most recent Zostavax shingles lawsuits was filed by a woman from Tennessee, who alleges Merck failed to disclose the full scope of potential vaccine reactions.”
9. Zostavax Lawsuit alleges Vaccine caused Permanent Cardiovascular Complications
“This Zostavax lawsuit is joining a growing multidistrict litigation (MDL), which consists of similar claims alleging Merck failed to warn them against the full severity of the potential side effects associated with their shingles vaccine.
“Plaintiff couple Terrance and Brenda O. conjointly filed this Zostavax lawsuit, stating the side effects of the shingles has permanently impacted their marriage and their quality of life. Like numerous other patients in the United States, Terrance says he was prescribed the Zostavax injection to prevent shingles soon after he turned 60.”
10. Lawsuit Claims Shingles Vaccine and Eye Problems Connection
“Many consumers have already come forward to allege a connection between the Zostavax shingles vaccine and the development of shingles itself.
“However, more patients are now arguing that the shingles vaccine and eye problems is another troubling connection about which the public is not aware.”
-
Private Calif. Plaintiffs Seemingly Enforcing FDCA, Drug & Device Law Blog Says
“Doctors treated two plaintiffs for severe psychological problems, ultimately employing defendant’s Thymatron System IV to perform electroconvulsive therapy. Plaintiffs claimed that, as a result, they suffered brain trauma, memory loss and other brain-related injuries. They filed product liability claims based, in the main, on the manufacturer’s alleged failure to report adverse events. The decision in Riera addressed summary judgment motions, ones filed by both the plaintiffs and the defendant. You don’t ordinarily see summary judgment motions by plaintiffs, and Riera is an example of why.”Read the complete post by John J. Sullivan of Cozen O’Connor.



