Monthly Archives: January 2018

What’s Happening With The Bair Hugger Litigation?

State Judge Dismisses Some Bair Hugger Lawsuits

A district court judge has dismissed dozens of lawsuits filed by Minnesota residents who allege that the Bair Hugger forced-air warmer caused their deep joint infections during joint replacement surgery by blowing contaminants off of the floor and into …

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First Two Bair Hugger Bellwether Trials Scheduled to be Ready to Go by April 2018

http://newyork.legalexaminer.com/medical-devices-implants/first-two-bair-hugger-bellwether-trials-scheduled-to-be-ready-to-go-by-april-2018/

The much-anticipated bellwether trials for the Bair Hugger litigation are set to begin this year.

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Developments in Medical Malpractice Litigation

Woman who lost her limbs after botched surgery wins $109m in malpractice suit

Representational image Reuters

Lisa-Maria Carter underwent an operation to remove an ovarian cyst when a surgeon allegedly cut her small bowel, releasing flesh-eating bacteria, which destroyed her abdominal tissue.

 A former intelligence contractor for the US military, who lost her limbs, abdominal muscles and sections of her digestive organs following a botched surgery, has won a $109M lawsuit.

Lisa-Maria Carter has spent eight years fighting a court case against the University of South Florida’s (USF) medical team after the 2010 surgery.

“I’m very, very happy. I am so thankful to God for blessing me at this point,” the 53-year-old told Fox 13 News.

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Key Tips on Handling a Difficult Lawsuit When It Comes to Malpractice

Medical malpractice lawsuits are often difficult to win, with the majority of them being won by the defense (the doctor’s side).

There are many challenges that you need to face before you can prove and win your case.

Aside from the fact that medical …

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Continuance sought in med-mal against Christus

https://setexasrecord.com/stories/511324683-continuance-sought-in-med-mal-against-christusA continuance is being sought in a suit brought by a Jefferson County widow against Beaumont health care providers, which alleges their negligence caused the death of her husband.

Jessica Morris filed a lawsuit March 14, 2016 in Jefferson County District Court against Christus Hospital – St. Elizabeth, Dr. Frank J. Fasullo Jr.

Original story

Man shot in neck last year files medical malpractice suit against Geisinger

Norman Lynch was shot in the neck early on Feb. 28, records show, and was transported to Geisinger Wyoming Valley Medical Center in Plains Township.

A lawsuit filed Wednesday in Luzerne County Court argues that Geisinger is responsible for a significant …

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Coroner Refuses to Pronounce Breathing, Moving Man Dead

http://www.newser.com/story/254805/coroner-refuses-to-pronounce-breathing-moving-man-dead.htmlFor nearly three hours, New York emergency room doctor Gregory Perry ignored requests to re-check a heart attack victim, according to a malpractice lawsuit filed by the victim’s wife.

Niagara County coroner Joseph Mantione had been called to pronounce 46-year-old Michael Cleveland dead and was one of those trying to get Perry to reassess the situation, according to a recent deposition obtained by the Buffalo News.

“Dead people don’t move. He needs to go in there and check his pulse,” Mantione says he told ER staff at DeGraff Memorial Hospital. He says he arrived to pronounce Cleveland dead only to find the patient with his eyes open and breathing.

“It was something I hope to never see again,” Mantione tells the News .

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Woman who lost hands and feet in botched ovarian cyst surgery awarded £70million in damages

https://www.mirror.co.uk/news/us-news/woman-who-lost-hands-feet-11948883A woman who lost both her hands and feet after botched surgery to remove a benign cyst on her ovary has been awarded more than £70 million in damages.

Lisa-Maria Carter, from Tampa, Florida, said she endures constant abdominal pain after her small intestines were sliced open and is now unable to feed or dress herself following the surgery at Tampa General Hospital back in 2010.

What is left of her intestines sits outside her body in a skin sack and she has to use an colostomy bag.

Now, after battling through three court cases, she has been awarded the massive sum from the University of South Florida, which employed the surgeon through its college of medicine.

During the operation a doctor sliced through her small intestine, releasing flesh-eating bacteria, which doesn’t cause any damage to the bowels, but destroyed her abdominal tissue, according to a medical malpractice lawsuit.

It also caused her to lose huge amounts of blood, so she had to be given a medication that constricts blood flow from the extremities to preserve the vital organs.

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New NY law extends deadline for cancer lawsuits

ALBANY
As he signaled earlier this week, Gov. Andrew M. Cuomo signed a law Wednesday to extend the time cancer patients have to file medical malpractice lawsuits.

As a result, the statute of limitations for filing a suit now will be either 2 1⁄2 …

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Can three titans of modern industry revolutionize your health care?

http://us.cnn.com/2018/01/31/opinions/health-care-triple-threat-opinion-vox/index.htmlFord Vox is a physician specializing in rehabilitation medicine and a journalist.

He is a medical analyst for NPR station WABE-FM 90.1 in Atlanta.

The opinions expressed in this commentary are his.

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New York State bill to allow patients to sue for poor cancer treatment

http://www.whec.com/news/medical-malpractice-nys/4765117/Both houses of the state Legislature have approved a proposal to make significant changes to New York’s medical malpractice law by allowing patients to sue years after an alleged misdiagnosis or mistreatment for cancer.

The Republican-controlled Senate and the Democrat-controlled Assembly passed the measure Tuesday, two days after Democratic Gov. Andrew Cuomo and legislative leaders – Senate Majority Leader John Flanagan and Speaker Carl Heastie – announced an agreement on the legislation.

Dubbed “Lavern’s Law” after Lavern Wilkinson, the bill changes the statute of limitations for filing a lawsuit for a missed cancer diagnosis to 2½ years after the time when a patient first learns of the medical error.

The current law’s limitation is 15 months after a misdiagnosis.

Wilkinson, of Brooklyn, died in 2013 after a missed cancer diagnosis.

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Study finds chemotherapy spreads cancer throughout the body

https://www.sott.net/article/375885-Study-finds-chemotherapy-spreads-cancer-throughout-the-bodyImagine if there was a natural remedy everybody was using to treat cancer, but then the FDA and CDC found out it actually caused more cancers to develop in the body, and scientific studies proved it.

How fast would the FDA and CDC come in, shut it all down and make the treatment illegal?

The news would be plastered all over mass media and everyone would know.

There would be lawsuits for millions, if not billions of dollars, levied against the creators of the treatment.

We would never hear the end of it.

Consider, on top of that horror story, if thousands of doctors actually knew that the treatment method was a fraud, but kept using it on their cancer patients anyway because of the major revenue.

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What’s Happening With Talcum Powder / Baby Powder Lawsuits?

Talcum Powder Lawsuits Move Forward Against Johnson & Johnson As Mesothelioma Trial Opens in New Jersey

https://www.prnewswire.com/news-releases/talcum-powder-lawsuits-move-forward-against-johnson--johnson-as-mesothelioma-trial-opens-in-new-jersey-bernstein-liebhard-llp-reports-300586848.htmlThe Plaintiff, a 46-year-old man from Verona, New Jersey, alleges that his frequent and long-term use of Johnson & Johnson talcum powders “generated dust and exposed him to respirable asbestos fibers.”

He further asserts that company officials had long …

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Talcum Powder Lawsuits: How Asbestos-Contaminated Talc Harms People

https://www.mesothelioma.com/blog/authors/jackie/talcum-powder-lawsuits-how-asbestos-contaminated-talc-harms-people.htm/Talcum powder lawsuits have been a hot topic lately, especially as new documents reveal that Johnson & Johnson, a defendant in many of these cases, may have been aware of the toxic contaminants in their products all along.

Court documents revealed that the company explicitly trained their employees to always reassure any concerned consumers that the products never contained any asbestos, despite knowing for decades that their talc had been contaminated.

But Johnson & Johnson isn’t the only company with products on the market that knowingly contained asbestos and put consumers in danger.

Other products like Cashmere Bouquet talcum powder from Colgate-Palmolive and Desert Flower from Whittaker Clark and Daniels have also been targeted for talcum powder lawsuits against them once consumers were diagnosed with mesothelioma decades after using these products.

Asbestos-Contaminated Talc Powder Talcum powder has been used for many years in a wide variety of products, from baby powder and soap to more industrial lubrication and ceramics.

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Johnson & Johnson Back on Trial in Mesothelioma Case

https://www.asbestos.com/news/2018/01/30/johnson-johnson-mesothelioma-trial-begins/The climate changed significantly in 2015 after a California woman won a $13 million lawsuit against Colgate Palmolive, believing she developed mesothelioma from asbestos in Cashmere Bouquet talcum powder.

Another California Superior Court jury awarded $18 …

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Jury Awards Record $417M In Lawsuit Linking Baby Powder to Cancer

A Los Angeles jury on Monday, Aug. 21, 2017, ordered Johnson & Johnson to pay a record $417 million to Eva Echevarria, a hospitalized woman who claimed in a lawsuit that the talc in the company’s iconic baby powder causes ovarian cancer when applied …

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Baby powder battles: J&J memos show asbestos concerns

The lawsuits are by victims of mesothelioma …

“It would seem more than appropriate that we upgrade the quality control on our talc and baby powder, particularly as to the potential asbestos content.”

This is what another company memo in April, 1973, noted that …

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What’s Happening With The Transvaginal Mesh Lawsuit?

J&J withdraws pelvic mesh device from Australian market

Similar class actions involving thousands of women are also under way in the UK and US.

More than 100,000 transvaginal mesh lawsuits have been filed in the US, the largest number against Johnson & Johnson, the manufacturer of the most commonly used meshes.

Original story

Common Transvaginal Mesh Complications ~ 3 Problems All Women Should Know About BEFORE Having Surgery

Transvaginal mesh implants have become a common treatment for a variety of pelvic floor disorders such as stress urinary incontinence (SUI) and pelvic organ prolapse (POP).

Unfortunately, many patients have seen severe complications from these surgeries.

Before having a transvaginal mesh implant, you should be aware of the risks and potential problems.

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Transvaginal Mesh Lawsuit News: New Order Governs Discovery For Third Wave of Bellwether Cases In Federal C.R. Bard Litigation

Thousands of transvaginal mesh lawsuits filed against C.R. Bard, Inc. continue to move forward in the federal multidistrict litigation now underway in U.S. District Court, Southern District of West Virginia …

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NJ Jury Awards $15 Million in Ethicon Mesh Lawsuit

NEW YORK
A New Jersey woman who has endured near constant pain since receiving Ethicon, Inc.’s pelvic mesh devices to treat stress urinary incontinence and pelvic organ prolapse has been awarded $15 million by the Bergen …

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New Transvaginal Mesh Lawsuits Added to C.R. Bard Litigation in Bergen County NJ

More than 1,600 C.R. Bard transvaginal mesh lawsuits are now pending in a consolidated litigation underway in New Jersey’s Bergen County Superior Court, Bernstein Liebhard LLP reports.

A Case List updated on …

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PA’s 6th Transvaginal Mesh Lawsuit: $57.1 Million

NEW YORK
A Pennsylvania woman has been awarded $57.1 million, after the Philadelphia jury hearing her transvaginal mesh lawsuit found that Ethicon Inc.’s defective TVT implants had eroded into her urethra, resulting in …

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Top 10 Employment Discrimination Charges in 2017

Top 10 Employment Discrimination Charges in 2017

A total of 84,254 workplace discrimination charges were filed with the Equal Employment Opportunity Commission (EEOC) nationwide during fiscal year (FY) 2017, according to the federal agency.

The EEOC said it secured $398 million for victims in the private …

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https://twitter.com/Alt_LeftAlabama/status/958161095797157889

Doors open for gay MBA graduates

https://www.ft.com/content/e98e1624-f564-11e7-a4c9-bbdefa4f210bDoors open for gay MBA graduates Schools and employers want to tap into the LGBT+ talent pool.

Nick Deakin had a very specific reason for going to business school.

After working as a doctor for two and a half years at Barts hospital in central London, he enrolled on an MBA because he thought a commercial career would suit him better as a gay man.

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Exclusive: 5 Women Sue Monster Energy Over Abusive, Discriminatory Culture

Another manager, Phillip Deitrich, regularly humiliated a female subordinate in front of co-workers and sabotaged her ability to work effectively, according to a sex discrimination lawsuit she filed.

He still has a job.

She left the company.

Hamilton …

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EEOC Records Drop In Job-Based Disability Discrimination Complaints

After two record-setting years, federal officials are reporting that complaints of disability-based job discrimination are down.

The U.S. Equal Employment Opportunity Commission said charges of job bias related to disability dropped to 26,838 in 2017 from …

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Female Shareholder Sues Employment Defense Firm, Ogletree Deakins, For Gender Discrimination

SAN FRANCISCO
Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (“Ogletree”), one of the nation’s largest law firms specializing in defending employers against employment discrimination lawsuits, has itself been sued for …

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3 Things Every Company Must Do in 2018 to Attract and Empower Women Employees

https://www.inc.com/elizabeth-kiehner/3-things-every-company-must-do-in-2018-to-attract-empower-women-employees.htmlWhy we need to move from policy to action.

Elizabeth Kiehner leads the global design practice for IBMiX with multi-disciplinary experience in design and technology.

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Most workplace harassment victims stay silent

https://www.bizjournals.com/bizwomen/news/latest-news/2018/01/most-workplace-harassment-victims-stay-silent.htmlAlthough the #MeToo movement is empowering victims of sexual harassment to speak up, most employees remain silent about inappropriate behavior at work.

Of employees who say they’ve experienced sexual harassment in the workplace, 72 percent did not report the incident, and 54 percent did not confront the person responsible, according to a survey from CareerBuilder.

One in 10 employees say they were sexually harassed at work – 17 percent of women said they’ve been harassed compared to 7 percent of men.

CareerBuilder surveyed 809 full-time employees in the private sector, and the survey was conducted through The Harris Poll.

More than half – 60 percent – of workers said they were sexually harassed by a peer, while 36 percent said they were harassed by a manager or supervisor.

Of the 46 percent of respondents who reported an incident, 13 percent said the situation stayed the same, and 9 percent said it became worse.

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UPDATE: Fatal Car Accidents Around The Country

Stop driving children to school: It could be a lifesaver

https://www.thestar.com/news/gta/2018/01/16/stop-driving-children-to-school-it-could-be-a-lifesaver.htmlShocking. Saddening. But not surprising. The death of 5-year-old Camila Torcato, I mean.

When the news came that she had died after being pinned between two cars in the drop-off-and-pick-up area outside the Downsview school where she attended kindergarten, that was the order of reactions.

If you, like me, are the parent of primary-school-age children, the news may have seemed particularly horrifying.

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https://twitter.com/acatherineee3/status/953751502673367046

Fatal accidents kill one CHP officer, injure others in matter of weeks

CONCORD, California — California Highway Patrol officials arrested a Pittsburg woman on suspicion of driving under the influence after she caused a collision that seriously injured a CHP motorcycle officer Monday evening on state Highway 4 in Concord.

There have been two incidents involving CHP officers as victims of accidents in a one month time period one fatal, the other with the officer suffering serious injuries.

A court hearing for the deadly accident, which happened Christmas Eve in Hayward, took place Tuesday.

Twenty-two-year-old Mohammed Abraar Ali appeared in court in a wheelchair.

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Cameras coming to ignition interlock systems

https://article.wn.com/view/2018/01/17/Cameras_coming_to_ignition_interlock_systems/Cameras on ignition interlock systems used by those convicted of drunken driving may begin to appear on dashboards as soon as July.

In the heat of the moment, even when you think you had a full view of the road, there are still times when we miss what really happened in an accident.

A dash cam could be the answer in settling insurance disputes and claims, and may help you to improve the way you drive.

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3 die after crashes send vehicles into icy bodies of water

BURLINGTON, N.J.
Three people were killed in two crashes in which vehicles plunged into icy bodies of water, and charges were filed in one of the accidents, authorities said.

A car believed to have been traveling at high speed struck a parked vehicle in Burlington on Sunday afternoon and then went over the river wall into the icy Delaware River, the Burlington County prosecutor’s office said.

The driver escaped, but the female passenger was still in the front seat and was submerged.

Twenty-three-year-old Stephanie White, of Burlington, was pronounced dead at a hospital in Willingboro.

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Metro riders have adjusted after years of subway troubles: They expect the worst

https://www.washingtonpost.com/news/tripping/wp/2018/01/17/metro-riders-have-adjusted-after-years-of-subway-troubles-they-expect-the-worst/Maybe it’s because there are so many other things to worry about these days, but Metro riders seem to have become downright philosophical about how lousy Washington’s transit system is.

Few seem shocked in any way that a Metro train jumped the tracks on Monday.

After all the other problems that have come to light in the past few years, it’s almost as if D.C. commuters expect a derailment now and then.

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