October 2021

Workers Comp 101: How An Attorney Can Help You Recover

ou’ve been injured on the job. Now what? No matter the severity of your injury, workers’ compensation can help cover medical bills and wages lost due to your injury, as long as you file a claim within the appropriate amount of time and with sufficient information. In order to be eligible for a claim, your injury will need to fall under one or more specific circumstances, including: injury by accident, a specific traumatic injury or an occupational illness or disease.

Federal Panel Rules Against Nursing Homes; COVID-19 Lawsuits Belong in State Court

In an early blow to skilled nursing facilities, the 3rd U.S. Circuit Court of Appeals ruled against two nursing homes in New Jersey, finding the COVID-19 lawsuits should continue in state court.

Negligence and wrongful-death lawsuits were initially filed in April 2020 in state court against Andover Subacute & Rehabilitation I & II by families of four residents who died of COVID-19. The ruling, issued last week, is believed to be the first decided by a federal appeals court on the matter, according to the opinion.

The lawsuits alleged the facilities did not take precautions to contain the spread of COVID-19, including failing to monitor food preparation, failing to provide personal protective equipment and allowing visitors and employees to enter the facilities without taking their temperatures or making them wear a mask, the ruling stated.

After the lawsuits were filed in state court the nursing home defendants requested the cases be transferred to district court. The district court judge dismissed the case because it lacked jurisdiction and sent it back to state court, according to the opinion. The nursing homes appealed that decision.

The defendant nursing homes argued on appeal that they were covered by the Public Readiness and Emergency Preparedness Act (PREP), and the cases should be heard in federal court.

What Is the Philips CPAP MDL?

In June 2021, Philips Respironics recalled millions of continuous positive airway pressure (CPAP) and other respiratory devices after receiving complaints of defects and new or worsened illnesses from consumers. The complaints and legal claims that followed were due to the breakdown of the polyurethane (PE-PUR) foam, which exists to provide a noise-abating layer, in certain models.

The PE-PUR foam degradation in Philips CPAP machines caused some consumers to ingest and even inhale toxic and carcinogenic compounds. This could lead to a range of illnesses, including chemical poisoning, asthma, pulmonary fibrosis, and liver damage.

By the end of September, 93 proposed class action lawsuits were filed against Philips in response to injuries, risks, and disruptive use of affected CPAP machines. Since then, even more lawsuits have emerged.

Due to the similarity of these claims, the Judicial Panel on Multidistrict Litigation (JPML) ruled to consolidate 110 federal lawsuits against Philips in multidistrict litigation (MDL).

Mother of Elijah McClain Settles Wrongful Death Suit with Aurora Police

The mother of Elijah McCain, a Black man who died after an altercation with Colorado law enforcement, has settled her federal civil rights lawsuit against the city of Aurora and its police department.

McClain, notes CBS News, was walking home from a convenience store when someone called 9-1-1 to report a person acting suspiciously. Police arrested McClain shortly after sighting him. A confrontation ensued when officers ordered McClain to stop.

However, McClain kept walking, and officers tried to subdue him.

After speaking with police, McClain told officers that he was on his way home and had not harmed or meant to harm anyone. He then explained that he had been listening to music and had thus not heard the officers’ commands.

While Aurora police officials said that McClain was violent and had tried reaching for their guns, body-camera footage of the encounter does not capture any evidence of these claims.

C.R. Bard, Inc. Faces First Bellwether Trial Over Hernia Mesh Injuries

C.R. Bard, Inc. is one of many medical device companies involved in large nationwide litigation concerning defective hernia mesh products. C.R. Bard, Inc. faces more than 25,000 lawsuits in state and federal courts, with the first trial in the federal multidistrict litigation (MDL) fully underway.

Before trials begin in mass tort litigation, the parties propose what cases should go to trial first as a way of determining how a jury is likely to decide in a typical hernia mesh lawsuit. In the first bellwether trial, the plaintiff alleges that he suffered pain, inflammation, infection, and the need for revision surgery because of the defective and dangerous nature of C.R. Bard, Inc’s hernia mesh products.

Month: October 2021

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