Legal Examiner

“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.”

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 […]

As the lawsuits on behalf of the families of victims killed by metal shrapnel from defective Takata airbags mount, it is interesting to read about the strategy of plaintiff’s counsel in these cases.  The most recent Takata lawsuit was filed […]

“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 […]

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 […]

The FDA announced that it is recalling MicroPort Orthopedics’ ProFemur Long Cobalt Chrome 8 Degree Varus and Valgus Modular Neck implants over issues with the acute fractures.  The agency labeled the recall as a Class I, the most serious type of recall, […]

Faulty Ignition Switches Lead to Loss of Engine Power, Power Steering, Braking and Airbags On June 3, 2015, Chrysler updated its recall of Jeep Grand Cherokees (model years 2005-2007) and Jeep Commanders (model years 2006-2007) over an ignition switch defect, which Chrysler described as follows: Chrysler has decided that a defect, which relates to motor […]

  The FDA recently scheduled a public meeting to review scientific data on the Essure birth control implant. The meeting will take place on September 24th 2015 with the Obstetrics and Gynecology Devices advisory panel. This is in response to over 5,000 complaints that the implant is causing major health problems. The Essure Permanent Birth Control […]

Judge Joseph Goodwin of the United States District Court for Southern West Virginia is overseeing the multi-district litigation (MDL) involving thousands of the lawsuits filed over C.R. Bard’s pelvic mesh devices for pelvic organ prolapse and stress urinary incontinence.  Bard faces more than 12,400 pending cases.  In an MDL hearing this week, Judge Goodwin made comments that appear to […]

Wal-Mart Stores, Inc. and Wal-Mart Transportation were sued in the United States District Court for the District of New Jersey by Tracy Morgan and others in connection with the deadly tractor trailer truck crash last summer on the New Jersey Turnpike that left one person dead and left the 30 Rock star in critical condition. […]