Monthly Archives: April 2017

UPDATE: High Profile Wrongful Death Lawsuits

Parents of slain Missouri girl settle wrongful death lawsuit parents of a 10-year-old homicide victim have settled a wrongful death lawsuit with the man charged with kidnapping, raping and killing the girl in southwest Missouri.

The Springfield News-Leader reports that court …

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Polaris Faces Wrongful Death Lawsuit

A wrongful death lawsuit has been filed against a major ATV manufacturer after two Arizona women died last year in Utah when their ATV rolled over and caught fire.

The families of the women have brought a wrongful death lawsuit against Polaris Industries, the makers …

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Hailey Owens’ parents settle wrongful death lawsuit with Craig Wood, Missouri
The mother and father of Hailey Owens settled a wrongful death lawsuit for an undisclosed amount.

The parents, Stacey Barfield and Ryan Owens, who are not married to each other, reached the settlement with Hailey’s accused …

The original KY3 report is here

Third wrongful death lawsuit alleges Brius nursing home abandoned patient Eureka Rehabilitation and Wellness Center is named as a defendant in a March wrongful death lawsuit alleging the facility abandoned a 65-year-old blind patient with mental illness at a Eureka hotel where he died in October 2016.

The Times-Standard …

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Yorkville police sued over teenager’s death in crash during pursuit south suburban family has filed a wrongful death lawsuit against the Yorkville Police Department, saying they are at fault in the January death of a teenage girl who crashed her car while fleeing a Yorkville police officer in a residential …

Chicago Tribune report

Father of worker killed in La. containerboard mill blast files wrongful death suit TEXAS
A blast at a Louisiana containerboard mill earlier this year has resulted in a wrongful death lawsuit, according to recent Harris County District Court records.

In a lawsuit filed on Apr. 25 against Packaging Corp. of America in the Harris …

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Hagg Lake wrongful death lawsuit headed to Oregon Court of Appeals Washington County Judge has dismissed a lawsuit against Washington County after a A Washington County Circuit Court judge threw out a wrongful death lawsuit this week which sought $4 million after the 2014 drowning of four people in …

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Attorney wants out of wrongful death lawsuit against Easton police attorney who accused an Easton police sergeant of allowing the man he shot to bleed to death and who accused the city police department of condoning the excessive use of force now wants permission to withdraw from the case.

Attorney Patrick Geckle …

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Crawford County Memorial Hospital Facing Three More Wrongful Death Lawsuits year after reaching a $500,000 settlement in a lawsuit for the wrongful death of Carole Christiansen, who died in November 2014 after a “botched” colonoscopy, Crawford County Memorial Hospital (CCMH) in Denison has now been named in three more …

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Small Iowa hospital hit with four wrongful death suits in two years small western Iowa hospital that tried last year to keep the public from learning the amount of a wrongful-death lawsuit settlement is now facing three more such suits.

Two of the lawsuits against the Crawford County Memorial Hospital in Denison were …

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Fresenius agrees to pay $250M to settle GranuFlo and NaturaLyte

Fresenius slips 1st Naturalyte bellwether trial Medical Care (NYSE:FMS) last week won the 1st bellwether trial in a series of product liability lawsuits brought over its GranuFlo and NaturaLyte dialysis drugs, after a Massachusetts jury found that the plaintiff’s estate failed to prove its …

Full article

Beshear sues nation’s largest kidney dialysis provider claimed in the suit filed in Franklin Circuit Court that Fresenius, headquartered in Waltham, Mass., promoted its kidney dialysis product, GranuFlo, as safe despite clinical trials finding it harmful.

The lawsuit seeks to recover damages and …

Full article

Lawsuit claims DaVita hid harmful effects of dialysis solution that caused heart attacks lawsuit says that since at least 2004, DaVita used a dialysis solution called GranuFlo that caused complications including heart attacks and strokes.

On Nov. 4, 2011, an internal study by Fresenius Medical Care, the maker of GranuFlo, resulted in a …

Full article

$250 Million Settlement Reached in Granuflo Litigation Medical Care, one of the largest providers of dialysis products in the world, has agreed to set aside $250 million to settle more than 10,000 lawsuits filed by dialysis patients and family members.

The plaintiffs in those lawsuits allege use …

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Fresenius pays $250M to settle GranuFlo/NaturaLyte lawsuits Medical Care AG & Co. KGaA (NYSE:FMS) agrees to pay $250M to resolve U.S. litigation related to its GranuFlo and NaturaLyte products.

Under the terms of the agreement, 97% of the plaintiffs must agree to the settlement by July to receive …

Full article

First Xarelto federal bellwether trial beginning in Louisiana

First Xarelto federal bellwether trial beginning in Louisiana’s Complex Litigation Center is also expected to see its first trial this year.

Plaintiffs charge Xarelto manufacturers with failing to properly warn patients that Xarelto use presented increased risks for cranial and gastrointestinal …

Full article

J&J, Bayer Accused of Hiding Xarelto Dangers in First Trial Boudreaux took Xarelto to help cut his stroke risk, but instead the drug caused serious gastrointestinal bleeding, according to his lawsuit.

Boudreaux spent a week in the intensive care unit and needed several blood transfusions and heart …

See the DrugWatch article

J&J, Bayer Accused of Hiding Blood-Thinning Drug’s Flaws Boudreaux says taking Johnson & Johnson’s blood-thinning drug Xarelto was one of the biggest mistakes of his life.

While Xarelto was supposed to help cut his stroke risk, Boudreaux says it instead caused internal bleeding that required a week …

Original Bloomberg post

First Xarelto Case to Test Views Over Attorney Ads Judiciary Committee Chairman Bob Goodlatte, who co-authored a tort reform bill that the U.S. House of Representatives passed last month, referenced the Xarelto litigation in letters last month calling on the American Bar Association and various …

National Law Journal has the full story

Pharmaceutical companies seeking to ascertain if third-party funding in Xarelto litigation their motion, Xarelto manufacturers asked if any third-party “has the right to control or be consulted about the plaintiffs’ litigation and whether there is a third-party source of funding for the plaintiffs’ litigation”, in addition to seeking the …

Full Penn Record article

Defendants on Philadelphia Xarelto Mass Tort Seek Disclosure of Third-Party Funding, PA
As the Philadelphia Xarelto mass tort moves closer towards the bellwether trial stage, Xarelto principles Bayer AG and Janssen Pharmaceuticals have signaled that they want to know the identity of any third-party funders associated with …

Full article


IVC Filter lawsuits still going strong

Lawsuit Filed Over Commonly Used Cardiac Device lawsuit was filed by Steven E., a man from Maryland who was injured by the Günther Tulip® Inferior Vena Cava Filter (“IVC Filter”) manufactured by Cook Medical, LLC.

The filter was surgically implanted in his body on March 14, 2012 at Arnot Ogden …

Lawsuit Filed Over Commonly Used Cardiac Device

Lawsuit Filed by Woman Injured by Günther Tulip® IVC Filter Medical is facing around 1,500 other IVC filter lawsuits in a centralized federal Multi-District Litigation (MDL No. 2570) —

In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices, and Products Liability Litigation. The plaintiff is …

Lawsuit Filed by Woman Injured by Günther Tulip® IVC Filter

Ohio Woman Files IVC Filter Lawsuit Against Cook Medical lawsuit was filed by Kathryn H., a woman who was surgically implanted with the Cook Medical Günther Tulip® Inferior Vena Cava (IVC) filter on May 14, 2007 at Grant/Riverside Methodist Hospital in Columbus, Ohio.

The Gunther Tulip is a small medical …

Ohio Woman Files IVC Filter Lawsuit Against Cook Medical

Court Schedules Settlement Conferences for Cook IVC Litigation Cook Medical, Inc. IVC Filters Marketing, Sales Practices and Product Liability Litigation (MDL 2570) was established in the U.S. District Court for the Southern District of Indiana by the Judicial Panel of Multidistrict Litigation on October 15 …

Court Schedules Settlement Conferences for Cook IVC Litigation


Talcum Powder Litigation: J&J Lawyers Gearing Up for Round 5

Talcum Powder Litigation: J&J Lawyers Up for Round 5 winning the fourth trial in talcum powder litigation, pharmaceutical giant and habitual corporate offender Johnson & Johnson has beefed up its defense team as it goes into Round 5 in its long-running and ongoing legal battle to avoid …

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Johnson & Johnson’s latest talc powder showdown kicks off, with thousands more lawsuits to go month after scoring a rare victory in a fight to defend the safety of its talcum powder, Johnson & Johnson is back in court hoping to extend the winning streak.

On Tuesday, the drugmaker’s lawyers clashed with attorneys for Lois Slemp as a new case …

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Missouri Talcum Powder Cancer Lawsuit Could Go to New Jersey MDL plaintiffs claimed that Johnson & Johnson’s Baby Powder and Shower-to-Shower products caused ovarian cancer.

The lawsuit, which Johnson & Johnson removed from state court to Missouri Western District federal court on Mar. 31, was one of …

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Bid To Overturn A Verdict On Talcum Powder Ovarian Cancer Lawsuits Denied“There are a number of women who have filed claims and many who have won against the pharmaceutical company,” says a representative of, a website that offers information to women about talcum powder ovarian cancer lawsuits.

“There …

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Man Dragged From Plane Settles With United

18 days from incident to settlement…now THAT is damage control!

Guy Dragged From Plane Settles With United Dao’s legal team announced the settlement Thursday in a brief statement.

The agreement includes a provision that the amount will remain confidential.

Cellphone video of the April 9 confrontation aboard a jetliner at Chicago’s O’Hare Airport …

Developing story

David Dao & United Airlines Reached An “Amicable Settlement” passenger who was dragged off a United Airlines plane earlier this month has reportedly reached a settlement agreement with the airline.

Lawyers for Dr. David Dao announced he’s reached an “amicable settlement” with United Airlines on Thursday.

Full story


Judge Blocks Trump’s Targeting of Sanctuary Cities

Judge Blocks Trump’s Targeting of “Sanctuary Cities,” Ahead of May 1st Immigrant Rights Protest

Local groups react after judge blocks Trump’s sanctuary city order, Wisconsin
President Trump is firing back after a judge blocks part of his executive order on sanctuary cities.

The president is vowing to take this to the supreme court, but for some local groups, they’re breathing a temporary sigh of …

Read the full NBC15 report

Emanuel hits Trump on sanctuary cities ruling, tax plan mayor Rahm Emanuel on Wednesday took a couple of shots at President Donald Trump’s policies, saying sanctuary cities like Chicago are on firm moral and legal ground and criticizing the president’s proposed overhaul of the tax system…

Read the Chicago Tribune post

Judge blocks Trump order on sanctuary city funding federal judge on Tuesday blocked any attempt by the Trump administration to withhold funding from “sanctuary cities” that do not cooperate with U.S. immigration authorities, saying the president has no authority to attach new conditions to federal …

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Judge Blocks Trump Effort to Withhold Money From Sanctuary Cities judge in San Francisco on Tuesday temporarily blocked President Trump’s efforts to starve localities of federal funds when they limit their cooperation with immigration enforcement, a stinging rejection of his threats to make so-called sanctuary …

NY Times has the full story

UPDATE: Aviation Accidents in the News

NTSB report concludes winds, pilot error led to fatal crash at Aspen high winds have been attributed to a fatal airplane crash on the runway of Aspen-Pitkin County Airport more than three years ago, the experience of the …

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Updated: Super Puma ban to remain in place following latest crash report Puma 225 flying restrictions will not be lifted based on the findings of a new report into last year’s fatal helicopter crash in Norway.

The UK Civil Aviation Authority (CAA) said in a letter that “no new information” had emerged from the latest …

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Federal probe of Meriden-Markham crash could take more than a year 2001 and 2011, about 40 percent of fixed wing general aviation accidents occurred because pilots lost control of their airplanes, according to the NTSB.

In accidents where pilots lost control, approach to landing, maneuvering and climb have …

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Officials determine circumstances, cause of plane crash that killed nine in 2015 report put forth by the NTSB, addresses several pieces of evidence that influenced the investigators tasked with finding out what factors contributed to the fatal crash, including an iPad found at the crash site that belonged to a passenger, and …

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Small plane crash lands in Goodyear field Diamond DA40 is a four-seat aircraft with fixed tricycle landing gear and a T-tail.

According to a 2011 analysis by Aviation Consumer magazine, the Diamond DA40 has the lowest fatal accident rate in U.S. general aviation.

“Its overall and fatal …

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Autopsies Can be Helpful in Establishing Medical Malpractice

Superior Court affirms medical malpractice win for defendants
The Superior Court recently ruled in favor of defendants Chestnut Hill Hospital, Tri-County Emergency Physicians and many of its associates in an appeal filed by Ellesia Blaque of a trial court decision clearing the healthcare provider …

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Defendants deny claims in medical malpractice lawsuit affirmative defenses, the answer claims that the complaint fails to comply with requirements under Ohio Revised Code, that any injuries, losses and damages were a result of a superseding, intervening cause and/or the plaintiff’s own negligence …

Full report

Miami Gardens family wins $33.8 million medical malpractice award against federal government federal government will have to pay a Miami Gardens family a $33.8 million award in a medical malpractice lawsuit after a judge ruled on Monday that a federally employed doctor’s decisions caused a teen’s baby boy to suffer irreversible …

Full Local10 report

Governor expected to approve medical malpractice lawsuits limits and Republicans in the Iowa legislature have had fierce debates over liability issues this year.

However, a bill that would place new limits on medical malpractice lawsuits now has made it through the House and Senate with bipartisan support.

Original post

Autopsies Can be Helpful in Establishing Medical Malpractice“Even if you don’t believe that your doctor did anything wrong or out of the ordinary, it is advisable to ask for an autopsy to be performed within 24 hours of death.”

“And you should immediately suspect that something is wrong if the request is refused.”

To prove that medical malpractice played a role in the death of a loved one, you must first determine the exact cause of death and provide conclusive actions linking the attending specialist to that cause.

If a hospital refuses to agree to an autopsy …

Full report

Medical malpractice bill passes Iowa Senate Iowa Senate gave final approval Monday to legislation aimed at limiting medical malpractice lawsuits, one of the key priorities of majority Republicans’ policy agenda for the 2017 session.

Senate File 465 includes provisions governing doctor …

Full report

Bills stir debate over medical malpractice ROUGE — A pair of bills calling for an increase in the $500,000 cap on economic damages for medical malpractice has prompted lawmakers to consider broader changes in state laws.

The House Civil Law and Procedure Committee voted Thursday to …

Full report

GOP Bill Would Make Medical Malpractice Suits Harder to Win
Low-income people and older Americans would find it more difficult to win lawsuits for injuries caused by medical malpractice or defective drugs or medical devices under a bill drafted by House Republicans as part of their plan to replace …

Full NY Times article

97 Percent of Sexual Abuse Reports Aren’t Investigated

97 Percent of Sexual Abuse Reports in Detention Centers Aren’t Investigated spokesperson for the DHS Office of Inspector General told the news site that with a staff of about 725 people, the office is “not in a position to investigate all, or even most” of the reports it hears.

CIVIC is calling on the victims of …

Full report

Spike in N.J. prison sex abuse cases prompts revamped training, NEW JERSEY
State corrections officials are revamping training for prison staff following a spike in sexual abuse cases at New Jersey’s women’s prison.

That came after several years in which the department recorded just a single …

Original article

BREAKING: Ex-Lawrence court officer gets one-year sentence, but appeal delays jail time a nine-day trial, Martinez was acquitted of raping a female prisoner, but found guilty of evidence tampering.

Martinez had been accused of raping a female prisoner, now age 34, in the Lawrence District Courthouse on three occasions in 2009 and 2014.

Full article

Soldier jailed after admitting rapes on tape Tuesday, judge Michael O’Grady QC heard that Johnstone had suffered psychological trauma as a consequence of serving in Bosnia and working in the prison service.

But judge O’Grady told Johnstone that he had no other option to but to send him to …

Full story

Former Jemez Spring police chief accused of rape gets no prison time, N.M.
No prison time for a former police chief accused of raping a woman he pulled over.

Shane Harger was the chief of the Jemez Springs Police Department in 2014 when he pulled over a woman and three men.

Another officer …

Full story