Month: March 2018

$3.6 Million Award in First Bard IVC Filter Case

A woman who was injured by a device that was implanted to prevent blood clots was awarded $3.6 million by a federal jury in Phoenix.

Sherr-Una Booker said she was harmed by an inferior vena cava (IVC) filter made by C. R. Bard. The filter was implanted June 21, 2007. Jurors on Friday, March 30, 2018, ordered Bard to pay Booker $1.6 million for failure to warn of the dangers of the device. That was 80 percent of the $2 million in total compensation jurors said she was due.  Jurors ruled another third party is responsible for the rest.

4 Reasons Why Personal Injury Lawsuits Take So Long

Personal Injury Lawsuits Take A Long Time

If you’ve ever asked yourself, “why do personal injury lawsuits take so long?”, then today we’re going to try and answer. We’re going to share four factors that can play a part in how long your case takes.

Bard wins 3DMax hernia mesh appeal

The New Jersey Superior Court’s Appellate Division this week tossed a win to C.R. Bard), refusing to reinstate a hernia mesh product liability suit on grounds that expert witnesses couldn’t prove the design of the product was defective or that significant negligence occurred.

In the case, plaintiff Kemuel Goodson claims that implantation of Bard’s 3DMax polypropylene mesh during a laparoscopic bilateral inguinal hernia repair in 2006 caused a number of different complications, including remaining pain and the removal of a testicle, and required a number of future procedures.

In his original suit, the plaintiff asserted claims of defective design, negligence and fraud and misrepresentation.

Can This Judge Solve the Opioid Crisis?

Judge Dan Aaron Polster of the Northern District of Ohio has perhaps the most daunting legal challenge in the country: resolving more than 400 federal lawsuits brought by cities, counties and Native American tribes against central figures in the national opioid tragedy, including makers of the prescription painkillers, companies that distribute them, and pharmacy chains that sell them. And he has made it clear that he will not be doing business as usual.

During the first hearing in the case, in early January, the judge informed lawyers that he intended to dispense with legal norms like discovery and would not preside over years of “unraveling complicated conspiracy theories.” Then he ordered them to prepare for settlement discussions immediately.

Not a settlement that would be “just moving money around,” he added, but one that would provide meaningful solutions to a national crisis — by the end of this year.

“I did a little math,” he said, alluding to the rising number of overdoses. “About 150 Americans are going to die today, just today, while we’re meeting.”

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