Posts by Michael Phelan
Post-Trial Rulings on $497 Million Pinnacle Hip Verdict
As reported in our article about the second bellwether trial involving an allegedly defective metal-on-metal Pinnacle hip implant, $360 million of the $497.6 million verdict rendered in March to five plaintiffs against Johnson & Johnson and its DePuy unit was […]
Read MoreAnother Person Killed by a Takata Airbag
Days after Honda Malaysia announced a recall of an additional 145,000 Hondas to replace defective front passenger airbag inflators, a Malaysian woman died after the airbag in her Honda ruptured in a minor collision. When police arrived at the scene, the driver airbag had ruptured and the driver was bleeding from her chest from a…
Read MoreA Concussion is a Traumatic Brain Injury
I am tired of hearing defense-oriented doctors act like concussions aren’t real injuries. A concussion is a brain injury. Some concussions resolve relatively quickly, some take up to two years to resolve, and, in a minority of cases, the effects are permanent. This should not be a controversial premise. It is the position of the…
Read MoreTakata Airbags and Products Liability Law
Takata Airbag Recall Largest in U.S. History
Mark Rosekind, administrator of the National Highway Traffic Safety Administration (NHTSA), announced on Wednesday that NHTSA was requiring Takata to work with automakers to recall an additional 35-40 million Takata airbags. This brings the Takata airbag recall number in the U.S. to nearly 65 million airbags, the largest in U.S. history. NHTSA’s announced reason for…
Read MorePinnacle Hip MDL: 5 Things to Know
This is part two of a two part question and answer piece about the DePuy Pinnacle metal-on-metal hip implant system. Part one focused on the recent $502 million verdict against Johnson & Johnson and its unit, DePuy Orthopaedics. This part focuses on the multidistrict litigation (MDL) involving the Pinnacle Hip Implant litigation. We first wrote…
Read MoreThe Challenges of Proving Traumatic Brain Injury
One of the most challenging aspects to proving a case involving traumatic brain injury is rebutting the testimony of medical expert witnesses hired by the defense who claim that no such injury exists. The very defense experts who make their living testifying against plaintiffs in traumatic brain injury cases have also testified against brain-injured veterans…
Read MoreStudy Links Talcum Powder Use to Increased Risk of Ovarian Cancer
“A sprinkle a day keeps the odor away,” according to the old ads for Johnson & Johnson baby powder and Shower to Shower. For millions of people, sprinkling baby powder on their bodies and underclothing was a daily routine. According […]
Read MoreTakata Airbag Recalls and Deaths Mounting
Takata airbags have been recalled in approximately 25 million vehicles worldwide, and at least 12 deaths have been attributed publicly to the defective airbags. I say “publicly” because there have been confidential settlements, which may have been kept from the […]
Read MoreNBC Exposes Bard IVC Filters
Inferior Vena Cava (IVC) filters are medical devices used in patients who are contraindicated for anticoagulant therapy. They are spider-shaped metal filters implanted into the largest vein in the body called the inferior vena cava, and are designed to prevent blood clots from traveling up to the heart and lungs. Medical device giant, C.R. Bard, made…
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