Virginia now has a Discovery Rule for Medical Device Cases

“In products liability actions against parties other than health care providers…for injury to the person resulting from or arising as a result of the implantation of any medical device, [the cause of action shall be deemed to accrue] when the person knew or should have known of the injury and its causal connection to the device.”

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Takata 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 […]

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Patients Should Know: Power Morcellation to Treat Uterine Fibroids May Spread Cancer

The surgical procedure called power morcellation has become a popular treatment for uterine fibroids.  Laparoscopic power morcellators are electric surgical devices.   Morcellation refers to the cutting up of tissue into smaller pieces or fragments.  The technique involves insertion of a tiny instrument with rapidly spinning blades, the morcellator, used to break up the fibroids […]

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Confusing Reports about J&J DePuy ASR Hip Settlement

Last week it was reported widely that Johnson & Johnson had “tentatively agreed to a settlement” that could reach up to $4 billion to resolve thousands of lawsuites filed for patients injured by defective DePuy ASR hip implants.  DePuy Orthopaedics is a division of Johnson & Johnson.  Reports by the New York Times, Bloomberg, and others […]

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