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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

Product Liability Update - October 2015

Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more

Feds Go After Websites Selling Suspect Medicine and Devices

Partnering with international regulatory and law enforcement agencies, the FDA last month put the screws to more than 1,000 websites that illegally sell potentially dangerous drugs and medical devices directly to consumers....more

ABA Hijinks – Defeat the Resolution Supporting Unlimited Punitive Damages

Most of us are members of the American Bar Association. Some of us are more active than others. At one extreme, Bexis has been in what the ABA calls “leadership,” as editor of the Mass Torts Newsletter, for some 15 years. ...more

"Damages" in an Injury Lawsuit: An Introduction for Lay People [Video]

Anyone who has survived a serious injury caused by someone else's fault wants to know what the legal system provides by way of hard dollars. In this video, attorney Alfred Clarke explains the different types of "damages" an...more

Your Deposition: What to Expect [Video]

Depositions sound intimidating to any lay person involved in a civil lawsuit. Whether the case is about a personal injury, a commercial dispute, an employment issue or any other kind of claim that winds up in civil court,...more

Bringing a Lawsuit to Find Out What Happened and Why [Video]

When a traumatic event has happened to someone, what is the point of seeing a lawyer? One basic reason is to answer the questions of what happened, why it happened, and whether anyone is at fault. This is particularly true...more

Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits [Video]

Injured people bringing lawsuits against whoever caused the harm need to know about "subrogation" claims. These are piggyback claims typically brought by a health insurer, seeking part of whatever the injury victim recovers...more

Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant) [Video]

Confidentiality agreements at the end of injury lawsuits are commonplace, but often are bad for the injured person, and bad for the civil justice system, in ways that lawyers sometimes don't think through. When settling a...more

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

Plaintiff's Rights Regarding an Independent Medical Examination

When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response. More likely than not, plaintiff counsel is going to allow the plaintiff to submit to...more

Robotic Surgical Machines: Safe or Deadly?

Imagine your doctor recommends routine spleen removal surgery. When discussing your surgical options, the doctor tells you about da Vinci® - an increasingly used surgical robot. The doctor raves about the safety,...more

Why Should a Personal Injury Attorney Conduct and Asset Search

If used properly and if conducted by a reputable Asset Search Company, asset searches can be used as a valuable tool in both pre and post litigation. Often is the case when a personal injury attorney has a client with...more

The Skinny on Bank Account Searches and Why Choosing the Right Asset Search Firm is so Important

Short Answer: As an attorney who has been conducting asset searches for other attorneys for over 20 years, I am repeatedly contacted or approached by lawyers and other professionals and asked whether it is permissible for a...more

Why It Is Critical To Conduct Asset Searches Aside From Bank Account Searches

On November 12, 1999, President Clinton signed the “Financial Services Modernization Act” into law, which made conducting bank account searches by asset search companies impermissible and a federal crime as you could no...more

Your Money or Your Life: Injury Toll from Pain Injection Drugs Climbs

As more patients in Maryland, Virginia and seven other states are found with severe meningitis infections from an injected steroid pain drug, the tradeoff in how the drug got made is becoming increasingly plain. It's a new...more

The High Rate of Inappropriate Prescriptions for Seniors

Just as children require medical treatment different from that of adults, seniors have specific health-care needs as well. As we’ve noted, elderly patients are more sensitive to some drugs, less to others, can present...more

Wrongful Death

UPDATED THROUGH SEPTEMBER 4, 2012 Product Liability – Tobacco. In an action by individual class member, did the trial court err in application of finding reached by jury and affirmed by Florida Supreme Court in class...more

Young Lawyers' Recommended Reading List

A summary of four key books for young lawyers to read to assist in obtaining a better grasp on their trial advocacy skills in the courtroom. These four books will assist in defeating defense strategies and connecting with...more

Mock Trial Arbitrations and Mediations: A New Approach To Case Resolution

In many cases, the stumbling block to settlement is the parties’ polar opposite views of what the likely jury verdict will be. Impasse is typically reached in these situations when the parties dig their heels in, often...more

Mock Trials and Focus Groups: How Are They Conducted?

The goal of the trial lawyer in using a mock trial or focus group in his or her case is to obtain objective information from a group of individuals demographically similar to the real jurors. Consequently, the mock trial or...more

TV Doctors: Good Entertainment, Bad Medicine

We couldn’t have said it better than the Los Angeles Times: “ Television is great for sports, reality shows and reruns of ‘The Big Bang Theory,’ but if you're getting your health information from TV, you might not be as...more

Seniors Stop Taking Antidepressants When They Fall Into Medicare’s Donut Hole

The advent of Medicare’s Part D drug plan introduced everyone to the concept of the “donut hole.” That’s the point at which prescription drug coverage ceases for a period during which the plan member pays full price. The gap...more

When a Medical Device Warning Was Ignored, the Patient Died

Last month, we wrote about the danger of drug and medical device warnings and recalls that go unnoticed by hospitals and doctors, much less patients. A recent story reported by CNN demonstrates the tragic consequences of such...more

Weekly Law Resume - June 7, 2012: Defendant in a Personal Injury Action Must Prove Each of the Elements of a Claim for Medical...

Katerina Chakalis v. Elevator Solutions, Inc., et al. Court of Appeal, Second District (May 18, 2012) In Wylson v. Rittl (2003) 105 Cal.App.4th 361, the court held that a non-party medical doctor cannot be found...more

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