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May 2015 Archives

Man Files Product Liability Lawsuit Against Blue Bell Creameries

A Houston man's product liability lawsuit claims he suffered serious injuries after eating Listeria-contaminated Blue Bell products. 

Blue Bell Creameries, the iconic Texas ice cream maker, has been embroiled in a financial and public relations crisis since it recalled its products in April because of possible Listeria monocytogenes contamination. Blue Bell's difficulties expanded to the courthouse this week after a former Houston resident who alleges that he contracted the disease from eating Blue Bell products sued the Brenham company.

Attorney Negligence At Center Of Suit Over Massive Disability Fraud Scheme

An attorney negligence lawsuit against Kentucky lawyer Eric C. Conn has been filed on behalf of one of over 900 people whose disability benefits are being suspended pending a government investigation of Conn and others. 

A Mingo County lawsuit may be just the first salvo in a legal battle targeting the Social Security Administration and Kentucky attorney Eric C. Conn, the very lawyer credited with winning years of disability benefits for those now caught in the middle of a sweeping fraud investigation.

Orange County D.A. Chief Of Staff To Disclose Potential Conflicts Of Interest

Chief of Staff Susan Shroeder is required by the Orange County District Attorney's Office to file financial statements that could reveal possible conflicts of interest.

After a formal complaint was filed by government watchdog Shirley Grindle, District Attorney Tony Rackauckas’ office announced in April it would require Schroeder to file the statements beginning this year.

Alleging Attorney Negligence And Fraud, Ex-Clients Sue Multiple Texas Firms And Lawyers

Mexican residents who were plaintiffs in lawsuits surrounding a 2007 deadly offshore oil platform explosion are now seeking over $1 million in an attorney negligence lawsuit against three Texas law firms and seven lawyers who represented them.

The plaintiffs allege that the defendant firms and lawyers "failed to 'prosecute their cases in good faith,'" and as a result they are "forever barred" from refiling their personal injury suits.

Traumatic Brain Injuries in High School Football At Center Of Class Action Suit

While concussions sustained by professional and NCAA football players is a high-profile issue, the risk of traumatic brain injuries faced by over 1 million high school boys a year remains largely under the radar. 19-year-old Alex Pierscionek is looking to change that.

Pierscionek, now a college student, is the lead plaintiff in one of the first class-action lawsuits over concussions in high school football. For him, it's personal.

California Mother Files Zofran Lawsuit For Son's Heart Defect

Mother whose son was born with a serious heart defect has filed a Zofran lawsuit against manufacturer GlaxoSmithKline, LLC. 

The Oakland, California woman seeks compensation for medical and hospital expenses, as well as compensatory and punitive damages. Plaintiff Claims Zofran Caused her Son's Heart Defect According to her complaint, the plaintiff was prescribed Zofran (ondansetron) to alleviate the symptoms of morning sickness starting early in her first trimester of pregnancy with her son. She gave birth in 2010, after which the baby was diagnosed with "supraventricular tachycardia (SVT)." The condition is caused by improper electrical activity in the heart, and results in a rapid heartbeat. Though SVT is rarely life threatening, it can cause dizziness, chest pain, shortness of breath, and fainting, with episodes lasting from a few seconds to a couple days. Children with SVT also need medications to reduce the number of episodes, and often require ongoing medical monitoring and treatments. Studies Raise Concerns About Zofran Birth Defects The FDA approved Zofran for treatment of nausea and vomiting in cancer patients in 1991. GSK advertised the product for "off-label" use, however, in pregnant women, even though they did not have study results showing that the drug was safe for expectant mothers. Subsequent studies on the medication indicated that there was some risk. In 2006, Siu et al. showed that the drug was able to cross the placental barrier, with a significant amount of it found in all embryonic compartments. Between 1992 to the present, GSK received more than 200 reports of birth defects in children exposed to Zofran during pregnancy. In 2012, researchers found that Zofran, when used in the first trimester, increased risk of cleft palate. In August 2013, results from a nationwide cohort study in Denmark showed the drug increased risk of major congenital heart defects in mothers who used it during the first trimester. In 2014, researchers looked at about 1,300 babies born to women who had taken Zofran during early pregnancy, and found an increased risk for heart defects, notably for a cardiac septum defect. GSK Ignored the Evidence The plaintiff claims GSK was well aware of these studies, and of the "mounting evidence showing that Zofran presents an unreasonable risk of harm to babies who are exposed to the drug during pregnancy." That, coupled with the reports the company received of major birth defects associated with prenatal exposure to Zofran, should have alerted them to the seriousness of the issue. Yet the company failed to provide any new warnings as to the risk of birth defects, and continued to promote the drug to physicians and patients specifically for treating morning sickness in pregnant women. In addition, the prescribing information for the drug continued to classify Zofran as a "Pregnancy Category B" medication, stating that animal studies had revealed no evidence the drug posed harm to a fetus, and that "no adequate and well-controlled studies in pregnant women" had been completed. The plaintiff's Zofran lawsuit brings counts of negligence, products liability, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, and breach of warranties. The case is pending in the Superior Court for the State of California, Alameda County. Originally posted by Roopal Lahuna on Zofran Lawsuit - Ball & Bonholtzer Trial Attorney - Los Angeles

Attorney Pleads Guilty To Defrauding Clients Out Of $500,000; Legal Malpractice Case Pending

Georgia attorney Wilson R. Smith plead guilty in federal court on Friday to mail fraud and aggravated identity theft, has separate legal malpractice case pending against him.

The guilty plea before U.S. District Chief Judge Lisa Godbey Wood came on a negotiated plea to a three-count indictment charging him with converting numerous settlements for clients for his own use.

Boston Scientific Agrees To Settle Some Transvaginal Mesh Lawsuits

The Massachusetts-based manufacturer will settle 2,970 transvaginal mesh lawsuits for $119 million. More than 25,000 claims surrounding the medical product have been filed in federal and state courts against the company.

Transvaginal mesh, also known as TV mesh or pelvic mesh, are medical products typically used to treat pelvic organ prolapse (POP) or stress urinary incontinence (SUI). Literally tens of thousands of patients who were implanted with the product from different manufacturers suffered complications such as bleeding, pain, inability to have sex, and infection among others. Further, reports of the product "eroding" into other organs often requires a revision surgery as a remedy. As a result of these complications, transvaginal mesh lawsuits have been filed against multiple TV Mesh manufacturers and many have been successful in recovering damages. For example in 2013, a New Jersey jury returned an $11 million verdict against Ethicon for injuries caused by its Gynecare Prolift. Another woman also won $1.2 million in Texas state court against Johnson & Johnson. In November, Boston Scientific lost its first two federal trials, in West Virginia and Miami. The announcement indicated that the "Company reached an agreement with certain plaintiffs' counsel" to settle a limited number of the claims and that settlement "was entered into solely by way of compromise and does not constitute an admission or concession by the Company of any liability or wrongdoing". Further, the plaintiffs' counsel entire inventory of cases is to be covered by the settlement agreement, "including a case in the District Court of Dallas County (TX) for which there is a judgment of approximately $35 million that is currently subject to appeal." "Although certain conditions must be met, like meeting a certain level of plaintiffs who agree in the settlement, we are encouraged that these injured women are finally getting some relief," said Paul Coppola, President of Fair Rate Funding, a company which specializes in advancing cash to plaintiffs prior to settlement. "Unfortunately, there is no indication of how the remaining cases, over 20 thousand of them against Boston Scientific alone, will be resolved. For the rest of the victims, the wait continues." Originally posted by Fair Rate Funding on Transvaginal Mesh Lawsuits - Ball & Bonholtzer Trial Attorney - Los Angeles

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