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2017

Blog Posts in 2017

  • 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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  • UPDATE ON NEXIUM (PROTON PUMP INHIBITOR) UPDATE

    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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  • Zimmer Biomet Comprehensive Reverse Shoulder Implant

    The Zimmer Biomet Comprehensive Reverse Shoulder is a device that is surgically implanted to help patients restore arm movement. Those with rotator cuff tears or severe shoulder arthritis were some of the intended patients for this device. Instead of improving arm movement, however, the implant caused several problems and, on December 20, 2016, Zimmer Biomet recalled these devices due to their ...
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  • Hernia Surgical Mesh Implants

    There are currently lawsuits filed and being filed on behalf of patients injured by hernia mesh implants. These lawsuits allege that hernia mesh can cause such adverse reactions as organ damage perforation, bowel obstruction, infection, and hernia recurrence. Furthermore, the lawsuits allege that the makers of these hernia mesh implants failed to adequately research these implants, failed to ...
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  • Taxotere Chemo Drug Lawsuit Update

    The lawsuits filed on behalf of cancer patients who allegedly experienced permanent hair loss following treatment with the chemotherapy drug Taxotere are moving forward in a multidistrict litigation established in the U.S. District Court, Eastern District of Louisiana. Initially, the MDL began with 33 cases. In December, the number of cases was reported at 267. As of January 18, 2017, there were ...
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  • Kentucky May See Laws That Cap Tort Recoveries in Near Future

    Following the November election cycle, the GOP took majorities in both the Senate and House of Representatives, and picked up gubernatorial seats across the country. In Kentucky, this new super-majority has some worried about the future of personal injury and medical malpractice lawsuits . In the past, Republican members of Kentucky’s legislature have expressed keen interest in tort law reform to ...
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