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  • First IVC Bellwether Trial Yields $2 Million Verdict Against Bard

    In March of 2018 jury awarded 2 million dollars to a woman who suffered serious injuries from an IVC Filter, which is a blood clot capturing device made by C. R. Bard Inc. Bard is liable for $1.6 million of the amount, and a radiologist who failed to find a splintered piece of the IVC filter in an X-ray was responsible for the remainder of the verdict. What is an IVC Filter? An IVC filter ...
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  • Prescribing Medicare Doctors Received Payments from Opioid Manufacturers

    CNN and Harvard researchers analyzed information from a federal government database that tracks payments from pharmaceutical companies (drug companies) to doctors and a separate federal database that tracks prescriptions doctors write for Medicare patients. The results of the analysis found that doctors who were paid the most money from opioid manufacturers tended to prescribe the most opioids. ...
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  • St. Louis Judge Upholds $110 Million Talc Verdict Against Johnson & Johnson

    In 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 ...
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  • FDA Warnings on Absorb GT1 Bioresorable Vascular Scaffold (BVS)® and Adverse Cardiac Events

    In 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. ...
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  • A Kentucky Judge Strikes Down Medical Review Panels

    A 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 ...
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  • EQUIFAX DATA BREACH

    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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  • 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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  • 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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  • 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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  • Doctors May Choose to Not Reveal Mistakes Made by Other Doctors

    When was the last time you discovered that one of your coworkers made a mistake and decided to not do something about it? Most of the time, we need not be concerned about coworkers overlooking the slipups of their colleagues, but when it comes to medical practitioners, those mistakes could jeopardize a patient’s health. The New England Journal of Medicine (NEJM) has warned in an article that ...
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  • Study Suggests Medical Error is Third Leading Cause of Death in the United States

    A recent study by Johns Hopkins University researchers claims that Medical Errors are now the third leading cause of death in the United States. People are going to doctors and hospitals in the hopes of protecting their health, yet 251,454 deaths a year can be attributed to preventable medical errors. According to the Centers for Disease Control (CDC) heart disease is the number one cause of death ...
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