C.R. Bard finally exhausted its appeals in the first case to go to trial involving its Avaulta transvaginal mesh product. The jury awarded plantiff Christine Scott $5.5M, split 60/40 between Bard and the operating surgeon. Bard immediately appealed. The last chance for reversal came in February 2015 and Bard broke out the checkbook in March. This was kept quiet; a reporter following the case discovered the payment by reviewing Bard’s public SEC investor reports.
Lawsuits & Litigation
As more customers report illness after eating at certain Chipotle restaurants in Washington and Oregon, the company is facing more than just negative publicity. One Washington customer is suing the chain for over $75,000 after her burrito bowl allegedly caused her nausea and diarrhea. Her suffering was so severe, she sought treatment at an area hospital.
The U.S. government recently announced a settlement for $850,000 over claims that a routine prostate surgery at an government hospital left the plaintiff blind, impotent and incontinent. The surgery took roughly three times the usual duration of two and a half hours and the plaintiff was never informed that if it took longer than five hours, blindness may result.
Facebook won the dismissal of a $15B lawsuit alleging that its “cookies” secretly tracked and collected users’ Internet activity even after they logged out of the world’s largest online social media network. The judge found that the plaintiffs had failed to specify how, exactly, they were harmed. Plaintiffs have until November 30 to revise and refile their claims.
A couple in Connecticut sued an OB/GYN specialist over the wrongful death of their 22-week-old fetus. The mother, Melanie Foster, was undergoing an IUD removal when the doctor punctured her fetal membrane. Ten days later, the fetus was born alive; however, it only survived two hours post-partum. The question in front of the court is whether the fetus had achieved personhood status such that it could be considered the victim in a wrongful death suit.
Duke Energy Ohio plans to settle a suit alleging it gave preferential treatment and kickbacks to certain large business and industrial customers from 2005 to 2008. The kickbacks, according to plaintiffs, were for these larger customers withdrawing their objections to a rate increase. The rate increase was later passed. Duke will pay $81M to settle the suit.
Bayer’s Essure implantable birth control device is responsible for destroying thousands of women’s lives. They have had total hysterectomies in their early 20s, been diagnosed with fibromyalgia, lupus and even cancer. All for the sake of Bayer’s almighty bottom line. No more! Hey Bayer! #ImReal and I’m not going away!
A Louisiana man died from complications brought on by taking the anti-coagulant drug, Pradaxa. The new-gen drug has no known antidote that will counteract it’s blood thinning effects. In the event of a medical emergency, such as internal bleeding, patients must first endure multiple blood transfusions in order to remove Pradaxa from their systems.
The blast at the West Fertilizer plant killed 15 people altogether, injured 170, damaged nearby buildings and over 150 homes in the city of West, obliterating the plant, and even caused the equivalent of a 2.1 magnitude earthquake. With jury selection set to begin on Monday, authorities for the county told hundreds of prospective jurors on Sunday evening that they would not be needed for the trial involving the plant’s ownership and suppliers and the families of the deceased; Kevin Sanders, William Uptmor and Kenneth Harris. Waco District Court Judge Jim Meyer had divided the litigation regarding the explosion into three separate lawsuits, with the aforementioned case serving as a potential bellwether for the other two cases, which will contain hundreds of plaintiffs.
The 2-1 panel decision in favor of the attorneys general of 18 states follows a similar ruling issued in late August in North Dakota federal court in a separate lawsuit involving 13 states. That stay was ordered a day before the rule was to have gone into effect. The most recent ruling, which was a consolidated appeal of four separate lawsuits by the states and other interest groups, greatly expands the geographically-limited North Dakota decision and instead blocks the majority of the country from the Obama-led initiative.