DePuy Hip Replacement Lawsuits Are Going To Be Big

I spent several hours last week reviewing the evidence surrounding the DePuy ASR and ASR XL hip recall, and I’ve come to the conclusion that these are going to be great lawsuits from a damages perspective. Some people who received recalled DePuy hip replacements have had to undergo multiple hip replacement surgeries.  The medical bills


Los Angeles Juries Aren’t Always Pro-Plaintiff

Generally speaking, California is where a plaintiff is best off bringing a product liability lawsuit.  But not always, as shown by this defense verdict in a case against a helmet manufacturer.  Lawyers for Richard and Kandy Eubanks had asked for $18 million in damages, most of it for the future lifetime care of their 20-year-old son, Justin, who


Average Medtronic Settlement Is $33,000 Dollars

Somewhat coincidentally, I drove past a Medtronic facility the day this was announced.    “Medtronic is pleased we were able to negotiate terms that were mutually agreeable to the parties,” Christopher Garland, a company spokesman, said in a telephone interview. The settlement covers about 8,100 cases, or “virtually all” U.S. claims, Garland said. The settlement resolves


Class action lawsuit over questionable charges for medical record retrieval

One of the little frustrations that pop up in every product liability lawsuit is ordering medical records.  Ordering medical records is always complicated, expensive, and takes too long.  What should be a relatively simple process can turn into a multiple-month ordeal in which the medical provider has to be contacted multiple times.  While this lawsuit won’t make ordering medical


Are Twombly and Iqbal Up For Review?

  The Forbes law blog thinks they might be:  The Supreme Court may announce as early as Monday that it plans to revisit the controversial issue of pleadings standards under Rule 8 of the Federal Rules of Civil Procedure.  * * * * Critics of Iqbal respond that unless they can get past the pleadings stage


I-1082 = Higher Taxes On Washington Small Business

I don’t know of a lot of small businesses in Washington who can afford to see their premiums go up by 28%: As written, I-1082 would virtually eliminate oversight of workers’ compensation claims, leaving injured workers in the lurch. I-1082 is also a terrible hit on small business owners — increasing their tax burden at



Site Redesign At My Reglan Lawyer Blog

My Reglan Lawyer blog, Find The Right Reglan Lawyer, got overhauled this weekend.  Because the statute of limitations for many (perhaps even most) Reglan lawsuits will be up in February, I’m paying some extra attention to the site this month and next.  If you’re looking for documents from Reglan lawsuits (including expert witness reports), you


Lawsuit alleges that talcum powder can cause ovarian cancer

Unfortunately, the headline from the article below implies that the judge has made some sort of decision on the merits regarding this case: The complaint alleges that research from 1988 to 1992 found that frequent application of talc-based powder in the genital area increases the risk of ovarian cancer. Johnson & Johnson failed to inform


Are All 15-Passenger Vans Defective?

Some auto experts think that all 15-passenger vans are defectively designed because they have a propensity to roll over.  This quote raised my eyebrow: “The rollover rate for fully loaded or nearly loaded 15-passenger vans is about three times the rollover ratio of vans with fewer than five passengers,” the report said. Source: Consumer Groups: Type of Van