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Blog Posts in 2017

  • $110M Jury Award in Another J&J Talcum Powder Ovarian Cancer Case

    Talcum powder ovarian cancer lawsuits continue to come in from all around the country, and Johnson & Johnson (J&J) continues to struggle defending itself in court. A recent case out of Missouri has concluded with a jury awarding a Virginia woman a grand total of $110 million in total awards. The 62-year old was diagnosed with ovarian cancer in 2012 and alleged that J&J intentionally misled ...
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  • Tort Reform in Kentucky: Medical Malpractice Case Changes & More

    Kentucky’s medical malpractice claim procedures will soon be subjected to higher scrutiny due to recently approved tort reform. Whenever a medical malpractice claim is filed in the state, a three-doctor panel backed by a supervising attorney will need to review the case for validity. If the panel does not approve the claim, it will not reach courts. The panel, which will first start reviewing ...
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    The widely-used weed killer, Roundup®, will soon require a warning label when sold in the state of California. That is because the main ingredient in Roundup® is glyphosate, which may cause cancer, including non-Hodgkin’s Lymphoma. Monsanto, the maker of Roundup® will have approximately one year from July 7, 2017 to add warning labels to its product. While not all states will require a warning ...
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    The U.S. Food and Drug Administration (The FDA) issued a Black Box Warning regarding Invokana® in May of 2017. This warning was sent to physicians and the medical community to address two recently published, independent studies indicating that patients prescribed the Type 2 Diabetes drug, Invokana® (also Invokamet® and Invokamet XR®) had two times the likelihood of needing toe, foot or leg ...
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  • Supreme Court Decision Against Bristol-Myers Squibb

    The US Supreme Court recently rendered a decision in the California State Court action involving several plaintiffs against Bristol-Myers Squibb that may impact how individuals who have been injured by defective products can bring suit against these large corporate manufacturers. Below is a link to that opinion: In Bristol-Myers Squibb ...
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  • The Liability of Hospitals and Doctors Printing 3D Medical Devices

    The 3D printing process entails building solid, three-dimensional objects from digital models, using an additive process in which successive layers of material are assembled on top of one another to build a product. As 3D printing becomes more commonplace, it presents several liability questions for those injured by these products and devices. But when a doctor or hospital prints the device at ...
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  • Study Shows One Third of Drugs Approved by FDA Have Major Safety Concerns

    Pharmaceutical drugs can save lives and offer relief from medical conditions for millions of people in this country. All drug companies must go through an approval process with the Food and Drug Administration (FDA) in order to sell a prescription drug. The process requires laboratory and animal testing and studies using humans. The pharmaceutical company then submits an application to the FDA ...
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  • EpiPen Defective - Recall

    Last month, the U.S. Food and Drug Administration (FDA) alerted consumers to Meridian Medical Technologies’ voluntary recall of 13 lots of Mylan’s EpiPen and EpiPen Jr Auto-Injector products used for emergency treatment of serious allergic reactions. The recall has been administered due to the possibility that these devices may have a defect that leads to the devices’ failure to activate. Although ...
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  • Attorney Brett Oppenheimer is Officially Certified in Mediation

    Attorney Brett Oppenheimer of Brett H. Oppenheimer, PLLC is known throughout Louisville and all of Kentucky for being an attorney who focuses on personal injury cases and litigation. However, not all cases need to go all the way to trial to reach resolution. Some can be resolved quickly, quietly, and just as effectively through mediation. Mediation is a form of “Alternative Dispute Resolution” or ...
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  • Xarelto Update

    Xarelto is an oral blood thinner prescribed for the prevention of strokes in patients with Atrial Fibrillation. Xarelto is marketed by Janssen Pharmaceutical and is manufactured by Bayer. Xarelto is commonly prescribed for atrial fibrillation, Deep Vein Thrombosis (DVT) and pulmonary embolism (PE). There are currently about 14,000 lawsuits involving Xarelto alleging the increased risk of severe ...
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  • What is a Class Action Lawsuit as Opposed to a Multi-District Litigation (MDL)?

    Many of my current and potential clients believe that they have been injured by a pharmaceutical drug or a medical device. Often these clients read about pending lawsuits in the news or see a commercial on television that makes them aware of the potentially harmful side-effects of a defective drug or medical device. Frequently lawsuits that are directed at the pharmaceutical industry have large ...
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  • Medical Malpractice Claims Have Actually Dropped over 55% in the Last Two Decades

    In January I discussed that Kentucky and many other states are passing Tort Reform legislation. The main argument that these state governments are making is that changes are necessary due to soaring medical malpractice costs for doctors and health care providers as the result of “frivolous” lawsuits. The medical community is claiming that both insurance premiums and medical malpractice claims are ...
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    On March 22, 2017, US District Court Judge Feldman of Louisiana, ruled in favor of the plaintiffs against a defense Motion to Dismiss the case in the Nexium litigation. This ruling confirmed that the Plaintiff’s sufficiently pled that the acid reflux drug was defective in formulation and that safer designs of the drug exist. The ruling also supports the claims that Pfizer, the makers of Nexium, ...
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  • Update on IVC Filter Multidistrict Litigation (MDL)

    U. S. District Court Judge Richard Young has recently released the IVC (Inferior Vena Cava) Filter bellwether trial plan involving Cook Medical (a medical device manufacturer). Two of the cases will be ready for trial by October 2, 2017. The third case will be ready by April 2, 2018. WHAT IS AN IVC FILTER AND WHAT IS THE BASIS OF THE LAWSUIT? An IVC filter is a medical device that is designed to ...
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  • How to Determine the Value of Your Brain Injury Claim

    Did you or a loved one recently suffer a traumatic brain injury? If the answer is “yes,” you may not be familiar with what proper steps to take. You may be emotionally overwhelmed with medical bills and knowing that you are no longer able to work and earn a living. However, if your injury was caused by the negligent and reckless actions of another party, you may be entitled to financial ...
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