C. Calvin Warriner III

C. Calvin Warriner III

Searcy Denney Scarola Barnhart & Shipley

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Latest Publications


Covidien and C.R. Bard Could Be Moving Toward Mesh Settlement

Covidien is not one of the large names associated with pelvic mesh lawsuits. There are 65,000 product liability lawsuits consolidated in a federal court in West Virginia filed by women alleging life-altering complications...more

8/20/2014 - Medical Devices Multidistrict Litigation Settlement Transvaginal Mesh

Huskey V. Ethicon: Case Survives Federal Preemption Argument by Ethicon

Johnson & Johnson’s Ethicon division tried, as it had before, to have its upcoming federal transvaginal mesh case thrown out of court. The healthcare giant was unsuccessful. On July 8, Judge Joseph Goodwin, who is...more

7/24/2014 - Class Action Ethicon Johnson & Johnson Medical Devices Preemption Transvaginal Mesh

Helpful Hints: The Revision Decision – What Should I Do?

Virtually all Rejuvenate and ABG II patients have received notice from their doctor that the devices have been recalled. These patients are all now faced with the prospect of a painful and risky revision surgery. Rejuvenate...more

7/17/2014 - Medical Devices Product Recalls

New DePuy Hip Implant Targeted for Safety Concerns

How does one of the largest, well-known orthopedic device manufacturers in the world produce a hip implant that poisons, putrefies and requires premature replacement? It decides that immediate profit outweighs testing...more

7/16/2014 - DePuy Hip Replacement Medical Devices

FDA Urges Healthcare Professionals To Consider Alternatives to Power Morcellation

The scrutiny that has arisen within the healthcare community over hysterectomies performed by laparoscopic power morcellation has the Food and Drug Administration (“FDA”) thinking twice about the safety of the procedure....more

7/15/2014 - FDA Healthcare

Settlement Over Deceptive Implant Marketing

Johnson & Johnson (“J&J”) has reached a four million settlement with the state of Oregon to resolve allegations that J&J improperly marketed its DePuy ASR metal-on-metal hip implants. J&J has recalled 93,000 ASR hip...more

7/10/2014 - DePuy DePuy Hip Replacement GlaxoSmithKline Johnson & Johnson Manufacturers Marketing Medical Devices Pharmaceutical Manufacturers Settlement

GM Driven to Safety Initiative

In the past year, General Motors has recalled more than 2.6 million cars built with defective ignition switches. These defective ignition switches have been linked to the death of a recorded 13 people. This case has received...more

7/1/2014 - Automobile Recall Automotive Industry General Motors

Viagra May Increase Melanoma Risk

According to a new study, the erectile dysfunction drug Viagra may have a side effect no one predicted – a link to an increased risk of melanoma. Viagra, also known as sildenafil citrate may allow the increase of...more

6/25/2014 - Side Effects Viagra

Lawsuit Against Medtronic Alleges Racketeering Over Infuse Bone Graft

When one big industry sues another we learn a lot about how business as usual is conducted. In this case Humana, a giant health insurer, has sued the medical device company Medtronic, maker of the Infuse bone graft. ...more

6/24/2014 - Bone Grafts DOJ FDA Healthcare Hospitals Humana Insurers Medical Devices Medtronic Off-Label Promotion Off-Label Use Physicians Popular RICO

FDA: Seafood Will Not Have Labels for Mercury

Imagine shopping for seafood at a fish counter and seeing a display on the mercury levels contained within the varieties of fish sold. In an ideal world, that disclosure would be transparent for pregnant women and for all...more

6/17/2014 - EPA FDA Food Labeling Mercury Seafood

More Stryker Rejuvenate and ABG II Cases Filed

We’ve filed another 65 cases this week in the rapidly growing Stryker Rejuvenate litigation centered in New Jersey state court. Our clients have suffered terrible injuries caused by Stryker’s negligence in how they designed...more

6/16/2014 - Medical Devices Negligence

Johnson & Johnson Quietly Settles Three Transvaginal Mesh Cases in Missouri

After committing to fight each of the thousands of transvaginal mesh cases it is facing, healthcare giant, Johnson and Johnson (J&J) quietly settled three mesh-injury cases in Joplin, Missouri last month. The three women had...more

6/13/2014 - Bodily Injury Settlement Transvaginal Mesh

Is J&J Baby Powder Carcinogenic?

The question about whether or not Johnson & Johnson’s Baby Powder contains carcinogens is reportedly about 30 years old. That is alleged in a plaintiffs’ lawsuit against Johnson & Johnson over its Baby Powder claiming there...more

5/23/2014 - Cancer Class Action Johnson & Johnson Toxic Exposure

Shouldn’t A Permanent Medical Device Implant Be Considered High-Risk?

It really doesn’t sound like a question we need to be asking because it should be a matter of common sense. Shouldn’t any medical device that is permanently implanted in the human body be put through a high degree of...more

5/21/2014 - FDA Health Safety Medical Devices Public Comment Transvaginal Mesh

Putting Testosterone to the Test

Testosterone is the new big drug on the market. Marketed to men with ow T, a vague illness with even vaguer symptoms, there has been a recent explosion in its use. In line with this explosion are also the vast amounts of ways...more

5/13/2014 - Clinical Trials EU FDA Marketing Medical Research Off-Label Use Pharmaceutical Prescription Drugs

FDA: Proposal to Call Pelvic Mesh High-Risk, Require Testing

A major move toward public safety may be one step closer with the U.S. Food and Drug Administration announcing this week that it will put a proposal out for public comment that would reclassify pelvic organ prolapse (POP)...more

5/2/2014 - Bodily Injury FDA Medical Devices Transvaginal Mesh

Newest Published Literature Latest to Slam Stryker Rejuvenate Failures

Recently published literature in the Journal of Bone and Joint Surgery draws the conclusion that the short-term, high rate of corrosion-related revision with Rejuvenate modular neck implants is “striking.”...more

4/10/2014 - Healthcare Medical Devices

Public Citizen Wants Black Box on Testosterone Products

There appears to be no shortage of advertising for testosterone products for men to relieve low sex drive and fatigue. But these products remain without any warning on the product labels despite a recent study that showed the...more

4/10/2014 - Pharmaceutical Prescription Drugs

FDA Reports Rise in Medical Device Recalls and Warnings

This news is not surprising to anyone who pays attention to medical device recalls. There has been a substantial jump in medical device recalls – up 97 percent over the last decade! This news comes from the division...more

4/9/2014 - FDA Medical Devices Product Recalls

Intuitive Surgical Sued by Shareholders Over Withheld Complications

Shareholders have sued the maker of a surgical robot claiming the company has “grossly underreported” injuries and deaths attributed to the da Vinci....more

4/7/2014 - Healthcare Medical Devices Shareholder Litigation Shareholders

The Penalty Game

Johnson and Johnson (J&J) and its subsidiary Janssen Pharmaceuticals have been dealing with multiple lawsuits stemming from its drug Risperdal. Shortly after dodging a $1.2 billion judgment in Arkansas, J&J has returned its...more

4/1/2014 - Civil Monetary Penalty Complex Litigation Johnson & Johnson Multidistrict Litigation Punitive Damages

Living off the Label

Doctors and physicians are given a great deal of discretion when it comes to prescribing drugs for uses other than those indicated by the FDA. This is known as “off-label” use. The FDA, realizing the danger of off-label...more

3/24/2014 - FDA Labeling Off-Label Use Pharmaceutical Prescription Drugs

Coloplast: $16 Million to Settle 400 Transvaginal Mesh Lawsuits

While it is not official, Bloomberg is reporting that Coloplast A/S, one of the smaller manufacturers of transvaginal meshes, is said to be willing to settle a number of lawsuits for $16 million....more

3/20/2014 - Healthcare Settlement Transvaginal Mesh

GM’s Recalls 1.3 Million Vehicles Over Ignition Switch - What Did Company Know?

General Motors has received reports of 13 deaths caused by an ignition-switch failure. GM’s Chief Executive says she is sorry. Mary Barra, who took over the Detroit-based company in January, told Reuters the company will...more

3/12/2014 - Automobile Recall General Motors Product Recalls

Endo/AMS Puts Aside $520 Million for Mesh Litigation

Even if you eventually win, being involved in transvaginal mesh litigation is an expensive proposition, so Endo Health Solutions has put aside at least $520 million to prepare for any outcome....more

3/6/2014 - Transvaginal Mesh

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