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Blog Posts in 2017

  • First Equifax "Data Breach" Class Action Lawsuit

    The law firms of Bingham Greenebaum Doll, PLLC and Brett H. Oppenheimer, PLLC on Friday filed the first Equifax “data breach” class action lawsuit in the Federal Court/Western District of Kentucky. The lawsuit was filed on behalf of Robert Todd Benson and others similarly situated. Mr. Benson went to and learned that he was a possible victim of the breach. ...
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  • Rheumatoid Arthritis Drug Actemra Linked to 100+ User Deaths

    The rheumatoid arthritis (RA) medication Actemra – which is a brand-prescription for the medication called tocilizumab – has been linked by recent studies to serious and potentially fatal side effects when taken by users of all age groups. The publication group STAT conducted the study by pouring over more than half a million reports regarding RA drug side effects and ultimately concluded that ...
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  • FDA Issues Critical Letter to EpiPen for Failure to Address Product Failures

    In early September 2017, the U.S. Food and Drug Administration (FDA) sent a scathing letter to Meridian Medical Technologies rebuking the company for failing to investigate and address component and product failures in its EpiPen products. The FDA cited hundreds of customer complaints that were linked to life-threatening emergencies in which the EpiPen auto-injectors failed to operate correctly. ...
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    The news of the Equifax data breach is dominating headlines as it appears approximately 143 million American consumers are at risk of identity theft. There are already over 60 class action lawsuits filed in 26 states. Additionally, some state attorney generals have announced lawsuits claiming Equifax has violated state laws by not protecting people’s personal data. Equifax, based in Atlanta, GA, ...
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  • Johnson & Johnson Baby Powder and Ovarian Cancer

    Johnson & Johnson was hit with yet another verdict, in the most recent lawsuit alleging talcum powder is linked to ovarian cancer. In August of 2017, a Los Angeles jury awarded $417 million in damages to a plaintiff who claimed she developed ovarian cancer after prolonged use of Johnson & Johnson’s Baby Powder. Evidence in this trial indicated that Johnson & Johnson knew of the ovarian cancer ...
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  • Prescription Opioid Crisis in America

    For years, local and state governments, along with the healthcare world, have come to understand the devastating impact of opioid over-prescription, misuse, abuse, dependence and addiction. Now, the opioid crisis is being viewed as a National Emergency, as declared by the U.S. President. The United States statistics [i] behind this declaration are dire and appear to be getting worse: There are ...
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  • Legionnaires' Disease

    Legionnaires’ disease is a type of pneumonia caused by bacteria. People usually contract Legionnaires’ by inhaling mist or vapor from water containing bacteria. The bacteria was named Legionella Pneumophila after the 1976 outbreak at the American Legion Convention in Philadelphia which resulted in 221 cases of pneumonia – 34 of which were fatal. Legionnaires’ disease continues to occur, generally ...
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  • Uber and Fatigued Drivers: What You Need to Know

    Uber has completely revolutionized the transportation industry. Ride-sharing has become common-place in many parts of the country and the world. As the industry has grown, Uber has offered flexible and economical alternatives for its customers to travel from place to place, an innovative option for food service delivery, employment opportunities for drivers, and a reduction in DUIs and drunk ...
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  • Update on Testosterone Therapy AndroGel® Trial

    $150 Million Verdict Against AbbVie in “Low T” Trial On July 24, 2017, jurors returned a $150 million verdict for the plaintiff in the latest testosterone (“Low T”) trial against manufacturer, AbbVie. Jurors decided that the drug maker fraudulently misrepresented its product, AndroGel®, to the public in its marketing tactics. However, the jurors did not find that AbbVie was responsible or ...
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  • $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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