Virginia Personal Injury and Medical Malpractice Blog

Truck Litigation: Freight Broker Liability

Working as co-counsel with other national truck litigation firms, our firm won an important federal court ruling from the United States District Court in the Western District of Virginia, Roanoke Division, in the area of freight broker liability. The lawsuit was filed by three plaintiffs against the freight broker, C.H. Robinson Worldwide, Inc. We alleged…
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E-cigarette battery explosion lawsuit

A married Illinois couple filed an e-cigarette battery explosion lawsuit against two vape shops in Joliet, Illinois, claiming that e-cigarette batteries purchased at the shops caught fire in the husband’s pants pockets, causing second and third degree burns to his legs and genitals and damaging the couple’s love life. E-cigarettes are battery powered devices that…
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Takata Bankruptcy Follows Airbag Debacle

Airbag manufacturer Takata’s airbags have been linked to multiple deaths caused by exploding shrapnel, which prompted the largest automobile recall in U.S. history. Unable to weather this storm, Takata Americas, the U.S. division of Takata Corp., filed for Chapter 11 bankruptcy protection in Delaware over the weekend, and the parent company filed for protection under…
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NJ Consolidates Stryker LFIT V40 Hip Implant Cases

The New Jersey Supreme Court granted a motion to consolidate state court lawsuits in connection with Stryker LFIT Anatomic Cobalt Chromium V40 femoral heads filed against Howmedica Osteonics Corp, a division of Stryker Corp. The consolidated multi-county litigation (MCL) has been assigned for centralized case management to Bergen County Superior Court Judge Rachelle Harz, who…
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"Frivolous Lawsuits" – Fake News

“Frivolous lawsuits.”  Everybody knows that there are too many frivolous lawsuits in this country, right?  Everybody knows that our jury system is so broken that hordes of dishonest plaintiffs and their “greedy trial lawyers” file thousands of baseless claims every year, right?  Everybody knows that honest doctors are being driven out of the practice of…
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INVOKANA: the risks keep growing

Invokana belongs to a newer class of Type 2 diabetes drugs called sodium-glucose cotransporter 2 (SGLT2) inhibitors . Instead of metabolizing blood sugar, which is how insulin and other Type-2 diabetes drugs work, Invokana, by design, stops glucose from being reabsorbed into the blood and converted into an energy source that the body can use.…
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Roundup Cover Up?

The International Agency for Research on Cancer (IARC), the specialized cancer agency of the World Health Organization’s (WHO), assessed the carcinogenicity of the herbicide glyphosate. Glyphosate currently has the highest global production volume of all herbicides and is the key ingredient in the popular weed killer Roundup. See IARC Monograph Vol. 112 (March 20, 2015).…
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Xarelto Causes More Bleeding Than Pradaxa

Xarelto and Pradaxa are non-vitamin K oral anticoagulants (blood thinners). A cohort study published in November 2016 JAMA International Medicine found that Xarelto 20 mg once daily use was associated with statistically significant increases in intracranial hemorrhage and major extracranial bleeding events, including major gastrointestinal bleeding, compared with Pradaxa 150 mg twice daily. The study…
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DIAGNOSIS ERRORS – A Prescription for Medical Malpractice

If you pay attention to health care news like I do, you’ve probably noticed that most of the coverage lately has focused heavily –almost exclusively – on proposed changes to our current system and the costs associated with the various options.  As politicians in Washington argue about dollars and cents and about who is to…
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Xarelto Defendants Lose on Preemption

Judge Eldon Fallon, the U.S. District judge overseeing the Xarelto MDL, denied two motions for partial summary judgment that were filed on January 20, 2017 by defendants Bayer AG and Janssen Pharmaceuticals, Inc. Both motions sought dismissal of Xarelto pre-market design defect claims based on inadequate warnings and updated labels. The motions relied on the…
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Tractor Trailer Trucks Must be Regulated

It should come as no surprise that stakeholders in the trucking industry – trucking companies, freight brokers, shippers, trucking associations and insurance companies – spend a lot of money lobbying Congress to de-regulate the trucking industry. And, unfortunately, they have been succeeding. These special interest groups have blocked Congress from raising the minimum required insurance…
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Virginia Trucking Companies Indicted for Hours of Service Conspiracy

The primary mission of the Federal Motor Carrier Safety Administration (FMCSA) is to reduce injuries and deaths due to large truck crashes and bus crashes. One important way in which FMCSA pursues this goal is to regulate the number of hours that truck drivers can drive continuously a without rest. Obviously, fatigued driving is a…
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How to Find a Virginia Truck Accident Attorney

In a split second a truck accident can cause you serious personal injury and change your life forever. After receiving medical attention, you or someone on your behalf need to speak with a Virginia truck accident attorney immediately. This may sound like an overused cliche’, but if you’ve been injured in a tractor trailer truck…
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FDA to Hold Public Workshop on E-Cigarette Explosions

The Food and Drug Administration (FDA) Center for Tobacco Products (CTP) announced in the Federal Register its concerns related to exploding e-cigarette batteries and batteries used in other so-called electronic nicotine delivery systems (ENDS). The agency will hold a public two day workshop in Silver Spring, MD on April 19 and 20 on e-cigarette explosions…
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Phelan Petty Firm Files Exploding E-Cigarette Lawsuits

Electronic cigarettes, or e-cigarettes, claim to provide a tobacco free alternative to traditional cigarettes. E-cigarettes deliver doses of nicotine with a vaporized solution that comes in non-nicotine flavors such as vanilla, bubble gum, gummy bear, and blueberry pancake. All e-cigarettes have similar parts: a tank or cartridge, a heating element to vaporize a liquid solution,…
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Talcum Powder as a Cause of Mesothelioma

In October 2014, the International Journal of Occupational and Environmental Health (IJOEH) published a study in which a specific brand of talc was analyzed at four different labs.The study found that talcum powder coming from asbestos contaminated mines can find its way into consumer talcum powder that can be inhaled during use and cause or…
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JASTA Update: Insurance Companies Suing Saudi Arabia

Last Thursday dozens of insurers filed a $6 billion lawsuit in the U.S. District Court for the Southern District of New York in Manhattan against Saudia Arabia seeking to hold the kingdom liable for business and property damage caused by the September 11, 2001 terrorist attacks. The insurers plan to show that the September 11…
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Automobile Recalls

I saw two alarming headlines today. The first, reported that “Automakers recalled 53.2 million vehicles in 2016.” The second stated, “Carfax report: One in four vehicles on US roads has unfixed safety recall.” At a time when vehicle recalls are at alarmingly high levels, why is it that so many vehicle owners have not had…
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Fosamax Femur Fracture Update

UPDATE: March 22, 2017 In a 3-0 decision, the 3rd Circuit Court of Appeals in Philadelphia held that plaintiffs may proceed to trial on their failure-to-warn claims, and that a lower court erred in finding the claims were pre-empted by federal law. The case is In re: Fosamax (Alendronate Sodium) Products Liability Litigation, 3rd Circuit…
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Stryker Accolade TMZF and LFIT V40 Chrome/Cobalt Hip Replacement Defects

Stryker hip stems made of TMZF are proving to be very problematic. The most commonly implanted Stryker hip stem has been the Stryker Accolade. When a Stryker LFIT V40 Chrome/Cobalt head is placed on a Stryker Accolade TMZF system, the same combination of mixed metals exists as the combination that caused such problems with the…
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