Blog Posts in 2017
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How to File a Premises Liability Claim in Kentucky
Posted By Brett H. Oppenheimer, PLLCIf you are injured on someone else’s property, you may be able to pursue compensation through a premises liability claim. However, there are certain conditions that must be met. In order to prove liability, you must show that the landowner owed you a duty of care, breached that duty of care, and directly caused your injuries. The state of Kentucky categorizes 3 types of visitors on a property: ...Continue Reading -
St. Louis Judge Upholds $110 Million Talc Verdict Against Johnson & Johnson
Posted By Brett H. Oppenheimer, PLLCIn May of 2017 a Missouri jury awarded $110 million to a plaintiff who claimed she developed ovarian cancer after prolonged use of Johnson & Johnson’s Baby Powder. The verdict was one of five decisions against Johnson & Johnson. The jury’s verdict was appealed by the defense who argued that the award should be thrown out due to a lack of jurisdiction in the state of Missouri. However, in late ...Continue Reading -
FARXIGA AND RISKS OF KIDNEY PROBLEMS
Posted By Brett H. Oppenheimer, PLLCWhat is Farxiga®? Farxiga® is one of a class of type II diabetes drugs called Sodium-Glucose Costransporter-2 (SGLT-2) inhibitors. SGLT-2 Inhibitors work by altering the normal kidney function so that less sugar is reabsorbed into the blood and the surplus glucose is excreted through the urine. Farxiga® received FDA approval in January of 2014. Farxiga® was originally developed by Bristol-Myers ...Continue Reading -
DePuy Orthopedics Hit with $247 Million Verdict or Metal-on-Metal Hips
Posted By Brett H. Oppenheimer, PLLCJohnson & Johnson, and its DePuy Orthopaedics division, suffered a loss in federal court in recent weeks after a jury awarded $247 million to six plaintiffs who the jury found were injured as the result of defective Pinnacle Hip implants. This is the third straight verdict against Johnson & Johnson/DePuy. DePuy manufactured and marketed these metal-on-metal hip implants that were eventually ...Continue Reading -
Poor Communication Between Doctors and Patients
Posted By Brett H. Oppenheimer, PLLCMany people suffer preventable injuries because of the negligence of their doctor, nurse or other health care professional. Medical negligence can result in life-altering or life ending injuries, which may require extensive or lifelong treatment. While medical malpractice victims have the option to recover compensation for damages, it is important to know the root cause of this negligence. Are ...Continue Reading -
At What Age Can Cerebral Palsy Be Diagnosed?
Posted By Brett H. Oppenheimer, PLLCAlthough risk factors, such as a birth trauma, delay in performing a C-Section (Cesarean Section), anoxic or hypoxic (oxygen deprivation) event during labor, premature birth or low weight, may point to a future cerebral palsy diagnosis, symptoms and signs appear at different ages for each child. As a parent, it is important to obtain a complete diagnosis of the specific type of cerebral palsy that ...Continue Reading -
FDA Warnings on Absorb GT1 Bioresorable Vascular Scaffold (BVS)® and Adverse Cardiac Events
Posted By Brett H. Oppenheimer, PLLCIn March of 2017 and again in October of 2017, the FDA sent letters to healthcare providers warning that an ongoing study involving the Absorb GT1 Bioresorbable Vascular Scaffold (BVS)® indicates an increased rate of major adverse cardiac events and an increased risk of developing blood clots in patients. WHAT IS THE ABSORB GT1 BVS®? Abbott Vascular manufactures the Absorb GT1 BVS® medical device. ...Continue Reading -
A Kentucky Judge Strikes Down Medical Review Panels
Posted By Brett H. Oppenheimer, PLLCA Kentucky judge has struck down Kentucky law requiring that a panel of doctors review all medical malpractice claims prior to trial on the grounds that the law is unconstitutional. This Medical Review Panel law both went into effect and was struck down in 2017. On October 30, 2017 Judge Philip Shepherd, a Franklin Circuit Court Judge, said that the medical panel review board would not serve to ...Continue Reading -
AbbieVie Suffers a Second Verdict Against AndroGel®
Posted By Brett H. Oppenheimer, PLLC$140 Million Verdict Against AbbieVie in “Low T” Trial Jurors returned a $140 million verdict for the plaintiff in the latest testosterone (“Low T”) trial against manufacturer, AbbVie in October of 2017. The plaintiff had used Androgel® for two months prior to experiencing a heart attack. He sued AbbieVie in 2015. This is the second straight verdict against AbbieVie’s Androgel®, a testosterone ...Continue Reading -
First Equifax "Data Breach" Class Action Lawsuit
Posted By Brett H. Oppenheimer, PLLCThe 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 www.equifaxsecurity2017.com and learned that he was a possible victim of the breach. ...Continue Reading -
Rheumatoid Arthritis Drug Actemra Linked to 100+ User Deaths
Posted By Brett H. Oppenheimer, PLLCThe 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 ...Continue Reading -
FDA Issues Critical Letter to EpiPen for Failure to Address Product Failures
Posted By Brett H. Oppenheimer, PLLCIn 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. ...Continue Reading -
EQUIFAX DATA BREACH
Posted By Brett H. Oppenheimer, PLLCThe 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, ...Continue Reading -
Johnson & Johnson Baby Powder and Ovarian Cancer
Posted By Brett H. Oppenheimer, PLLCJohnson & 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 ...Continue Reading -
Prescription Opioid Crisis in America
Posted By Brett H. Oppenheimer, PLLCFor 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 ...Continue Reading
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