The Pound Civil Justice Institute announces 2016 Appellate Advocacy Award. According to its website, the Institute “is a national legal ‘think tank’ created by pioneering members of the trial bar and dedicated to ensuring access to justice for ordinary citizens. Through its activities, the Institute works to give lawyers, judges, legal educators and the public a balanced view of the issues affecting the U.S. civil justice system.” This year’s winners of the award have certainly accomplished the mission of the Pound Civil Justice Institute.
Verdicts & Settlements
Baggett McCall and Unglesby Law Firm joined forces to win a $7M verdict for family in take-home asbestos exposure case in Louisiana. The case was decided in the family’s favor on April 29, 2016. In this case, the victim was not the asbestos-exposed employee, but rather, his wife.
John Doe, as he is identified in the federal lawsuit in U.S. District Court in Alexandria, Virginia, was expelled from George Mason University in 2014 for engaging in an unconventional relationship. The student expelled for consensual sadomasochistic sex wins case for reinstatement as a student. As they say, “Sticks and stones may break my bones, but whips and chains won’t prevent me from graduating.” Well, OK, so I paraphrased a bit.
Justice was served in Philadelphia today and it came with a whopping bill. Johnson and Johnson hit with $13.5M pelvic mesh verdict. The case involved claims that J&J’s pelvic mesh implants caused a woman almost constant pain & discomfort and left unable to have sexual relations.
Medical device manufacturer Johnson & Johnson agreed to $120M vaginal mesh settlement. The settlement resolves 2,000 – 3,000 vaginal mesh cases. This is a huge move in the years-long litigation in which tens of thousands of women claim constant pain and organ damage as a result of eroded mesh products.
One of the U.S.’ Big Pharma giants is opening the checkbook over an old drug, but this time the investors are getting the payout. Merck feels pain of securities settlement over now-recalled Vioxx pain reliever. The $830M settlement brings to a close a federal class action suit in which Merck’s investors claim the company didn’t adequately inform them of the risk of heart disease caused by Vioxx.
GM’s luck ran out as a federal bankruptcy judge ruled that plaintiffs in the faulty ignition suits could collect punitive damages if they could prove that “New GM” knew about “Old GM’s” defect and covered it up. Gone are the previous protections afforded the automaker by its 2009 bankruptcy.
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.
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.