Kelly Hyman

Kelly Hyman

Searcy Denney Scarola Barnhart & Shipley

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11th Circuit Upholds Award of Summary Judgment in Mirena Lawsuit

In March 2014, Jenna Thurmond sued Bayer in the U.S. District Court for the Northern District of Georgia, alleging that her use of the Mirena contraception system caused her to develop pseudotumor cerebri. Her symptoms...more

9/16/2016 - Bayer Breach of Warranty Express Warranty Failure To Warn Implied Warranties IUD Medical Devices Mirena IUD Negligence Negligent Misrepresentation Pharmaceutical Industry Product Defects Strict Liability Summary Judgment

Do Consumers Know Better? Chobani, Facing False-Advertising Suit, Thinks So

As with cigarettes like American Spirit and other products, consumers have been conscripted into the crux of a legal battle against a food manufacturer and its Greek yogurt. Yes, you, I and millions of other Americans who...more

9/9/2016 - Chobani Inc False Advertising Food Labeling Food Manufacturers Food Marketing

American Spirit Cigarettes — Tobacco is back with ad deception…

On August 27, 2015, the Food and Drug Administration sent a warning letter to Santa Fe Natural Tobacco Co. Inc. and Reynolds American Inc., the company that owns Santa Fe Natural Tobacco and produces American Spirit...more

7/25/2016 - Deceptively Misdescriptive False Advertising Marketing Multidistrict Litigation Tobacco Litigation

Takata Exploding Airbag Claims Another Young Life

A Texas teenager, Huma Hanif was killed when the Takata airbag in her Honda Civic exploded as a result of a crash. Since 2011, the Honda Civic has been recalled multiple times. According to the victim’s family, they have...more

6/3/2016 - Airbags Automobile Recall Automotive Industry Design Defects Takata

Miscommunication leads to many railway and train accidents

An Amtrak train collided with a maintenance vehicle in Chester, Pennsylvania, killing two Amtrak employees, Backhoe operator Joseph Carter Jr., and supervisor Peter Adamovich in the early morning of April 3, 2016. About 30...more

5/11/2016 - Amtrak Bodily Injury Federal Railroad Administration Railroads Railways Train Accidents

Judge Restricts Research Into Potential Jurors

The Federal Judge assigned to the copyright lawsuit Google Inc. against Oracle Corporation had taken a traditional approach in jury selection. U.S. District Judge William Alrup rejected the proposed jury questionnaire,...more

4/13/2016 - Copyright Infringement Google Juror Selection Jury Selection Oracle Personal Data

Heater-Cooler Devices Linked to Infections

Heater-cooler devices are used during cardiothoracic surgeries, and other medical and surgical procedures to warm or cool a patient. They include water tanks that provide temperature-controlled water to external heat...more

4/12/2016 - Adverse Events FDA Medical Devices

FDA Recalls Custom Ultrasonic

AERs (automatic endoscope reprocessor) are free-standing units used in health facilities to disinfect flexible endoscopes and scope accessories between uses. Custom Ultrasonic AERs should wash and high- level disinfect...more

4/8/2016 - FDA Medical Devices Product Defects Product Recalls

Tobacco Companies Resist Truthful Disclosures

In 1999, the U.S. Department of Justice filed a civil racketeering suit that accused tobacco companies of deceiving the public about their products. The case is before U.S. District Court Judge Gladys Kessler of the United...more

3/8/2016 - Advertising DOJ Racketeering Tobacco

Power Morcellator Cases Transferred to Kansas

Power morcellators are electric surgical devices used to cut tissue has been used in recent years as an alternative to traditional, abdominal surgical hysterectomies, laparotomies and myomectomies. In April 2014, the...more

3/1/2016 - Cancer Design Defects Ethicon Failure To Warn FDA Johnson & Johnson Medical Devices Multidistrict Litigation Power Morcellators

Mentor Case Time Barred

In 2004, North Carolina resident Melanie Cole was implanted with Mentor’s OB Tape, which is a sling device that is used to treat urinary incontinence. Three weeks after the surgery, Ms. Cole visited her surgeon and...more

2/29/2016 - Breach of Warranty Design Defects Failure To Warn Medical Devices Multidistrict Litigation Negligence Strict Liability

Boston Scientific Prevails in North Carolina Mesh Case

The Uphold Vaginal Support System is a transvaginal mesh product used to treat pelvic organ prolapse (“POP”). Marta Carlson sued Boston Scientific Corporation (“Boston Scientific”), the maker of the Uphold Vaginal Support...more

2/24/2016 - Boston Scientific Breach of Warranty Design Defects Failure To Warn Implied Warranties Multidistrict Litigation Strict Liability Transvaginal Mesh

Summary Judgment Upheld in Boston Scientific Vaginal Mesh Case

On February 9, 2009, a North Carolina resident was implanted with the Obtryx Transobturator Mid-Urethral sling. This patient filed suit against the maker of her vaginal mesh, Boston Scientific (“Boston”), asserting claims of...more

12/1/2015 - Boston Scientific Breach of Warranty Genuine Issue of Material Fact Multidistrict Litigation Summary Judgment Transvaginal Mesh

Judge Severs Transvaginal Mesh Lawsuit

In November 2011, a Maryland woman underwent surgery at Calvert Memorial Hospital in Maryland where Dr. Jeffrey Welgoss implanted her with a sling manufactured by Ethicon. The patient asserts that she continued to experience...more

11/13/2015 - Medical Negligence Motion To Sever Multidistrict Litigation Product Defects Transvaginal Mesh

Judge Denies C.R. Bard’s Request to Seal Documents in IVC Settlement

In August 2005, a patient was implanted with a Bard Recovery Filter System in order to catch blood clots or “thrombi” traveling from the lower portions of his body toward his heart and lungs. Unfortunately, the device failed...more

11/10/2015 - Failure To Warn Manufacturing Defects Product Defects Sealed Records

Plaintiffs Allege GSK Hid Risk of Birth Defects

The Food and Drug Administration approved Zofran in 1991 for use in cancer patients who required chemotherapy or radiation therapy. The two women have sued GlaxoSmithKline (GSK), the maker of Zofran, accusing it of promoting...more

10/26/2015 - Birth Defects Breach of Warranty Cancer Compensatory Damages Failure To Warn FDA Approval Fraudulent Concealment Misrepresentation Negligence Negligence Per Se Negligent Infliction of Emotional Distress Negligent Misrepresentation Off-Label Promotion Off-Label Use Pharmaceutical Industry Punitive Damages

Ohio Couple Says Zofran Caused Infant’s Death

In 1991, the Food and Drug Administration (FDA) approved Zofran, which is manufactured by GlaxoSmithKline LLC (GSK) for use in cancer patients who require chemotherapy or radiation therapy. An Ohio couple has sued GSK, the...more

10/14/2015 - Birth Defects Design Defects Failure To Warn FDA Fraud GlaxoSmithKline Loss of Consortium Negligence Negligent Misrepresentation Off-Label Promotion Zofran

More Lawsuits Filed Against the Makers of Zofran

Zofran (ondansetron) is an anti-nausea medication made by GlaxoSmithKline (“GSK”). In 1991, the Food and Drug Administration (“FDA”) approved it for chemotherapy patients with severe nausea and vomiting. However, it has been...more

8/6/2015 - Birth Defects Failure To Warn FDA Approval GlaxoSmithKline Negligence Off-Label Use Zofran

GlaxoSmithKline Files Motion To Consolidate Zofran Litigation In Philadelphia

Zofran was developed to prevent nausea and vomiting caused by cancer chemotherapy. However, doctors prescribed it for the treatment of morning sickness in pregnant women. GlaxoSmithKline is the world’s seventh largest...more

7/21/2015 - Birth Defects Failure To Warn GlaxoSmithKline Mass Tort Litigation Multidistrict Litigation Off-Label Promotion

The Ethicon Mesh Litigation

Since transvaginal mesh was first introduced into the market over 20 years ago, many hundreds of thousands of women have undergone operations where doctors have inserted vaginal mesh devices, threading them through incisions...more

6/9/2015 - Bellwether Verdicts Multidistrict Litigation Product Defects Transvaginal Mesh

The Bard Mesh Litigation

All filed federal product liability lawsuits claiming injuries with transvaginal mesh or bladder slings used for repair of pelvic organ prolapse (POP) and female stress urinary incontinence (SUI) are centralized. In February...more

6/6/2015 - Bellwether Verdicts Design Defects Failure To Warn Manufacturing Defects Multidistrict Litigation Negligence Product Defects Punitive Damages Transvaginal Mesh

The Transvaginal Mesh Litigation

Multidistrict litigation (MDL) is a consolidation of civil cases transferred from different jurisdictions around the country to a single U.S. District Court to achieve certain pre-trial efficiencies. All transferred cases...more

6/4/2015 - Bellwether Verdicts FDA Multidistrict Litigation Transvaginal Mesh

The Coloplast Mesh Litigation

In 2010, doctors in the United States inserted more than 70,000 mesh devices in patients, threading them through incisions in the vagina to fortify pelvic muscles that failed to support internal organs or to treat...more

6/3/2015 - Bellwether Verdicts Multidistrict Litigation Product Defects Transvaginal Mesh

The Boston Mesh Litigation

Mesh products have been regularly used to repair abdominal hernias since the 1950s. In the 1970s, gynecologists used surgical mesh products designed for abdominal hernia repair to repair prolapsed organs....more

6/3/2015 - 510(k) RTA Breach of Warranty Failure To Warn FDA FFDCA Loss of Consortium Manufacturing Defects Medical Devices Multidistrict Litigation Negligence Punitive Damages Transvaginal Mesh

Searcy Denney Files Another Lawsuit Over Defective DePuy Pinnacle Hip Implant

In early May, Searcy Denney mass tort lawyers Cal Warriner and Brenda Fulmer filed yet another lawsuit against Johnson & Johnson and DePuy Orthopaedics, Inc. This latest case was filed on behalf of a Southwest Florida...more

5/12/2015 - DePuy Hip Replacement Johnson & Johnson Multidistrict Litigation

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