John Sammon News
Maryland court rules state law reigns over federal in suit over woman’s Medicare payments
ANNAPOLIS, Md. (Legal Newsline) – The Maryland Court of Special Appeals on July 5 turned back the appeal of a representative of a deceased woman who claimed the state’s Maryland Act should be pre-empted by a federally run Medicare Secondary Payer (MSP) Act.
Transport company’s appeal of $490K oil spill award turned back by Maine Supreme Court
PORTLAND, Maine (Legal Newsline) – The Maine Supreme Judicial Court on July 12 denied the appeal of a trucking company, affirming an earlier trial court judgment of $490,000 in favor of a Maine couple for an oil spill that degraded their property.
California court denies appeal of snowboarder whose leg was amputated after striking snowcat
SACRAMENTO, Calif. (Legal Newsline) – The Court of Appeals for the State of California 3rd District on June 27 denied the appeal of a woman who sued the ski run where she was severely injured in a snowboarding accident.
Fla. court keeps TCPA case alive; Texting a 'risky venture' for companies
TAMPA, Fla. (Legal Newsline) – The U.S. District Court for the Middle District of Florida on June 7 dismissed a motion by a defendant to dismiss a case alleging a man’s privacy rights were violated when he received texts that were marketing ploys.
Companies petition U.S. Supreme Court for review of California lead-based paint judgment
SAN FRANCISCO – Three companies on the hook for a potential billion dollar judgment have asked the U.S. Supreme Court to review a public nuisance case filed by 10 counties and cities in California mandating they clean up lead-based paint in dwellings.
Jurors pound Johnson & Johnson with $4.69 billion judgment; Company vows to appeal
ST. LOUIS – Jurors on July 12 handed Johnson & Johnson a body-blow, levying a total $4.14 billion in punitive damages and $550 million in compensatory damages to 22 women who claimed its talcum powder contained asbestos that caused them to develop ovarian cancer.
Kentucky judge allows disbarred attorney Lerach to stay on case
FRANKFORT, Ky. (Legal Newsline) – Judge Phillip Shepherd of Kentucky's Franklin Circuit Court rejected a motion April 17 by defendants asking whether disbarred attorney William S. Lerach should be prevented from working as a “pension consultant” in a major investment-gone-wrong lawsuit.
U.S. Supreme Court to hear objection of $8.5M Google settlement; Class members get nothing, funds sent to lawyers' alma maters
WASHINGTON (Legal Newsline) – Petitioners opposing Google's settlement of a class action lawsuit are asking the U.S. Supreme Court to provide greater clarity on the use of the doctrine of “cy pres” after a federal appeals court approved the agreement, sending millions of dollars to nonprofit organizations that are not plaintiffs in the case.
Jury hits C.R. Bard with $35 million in punitive damages in N.J. pelvic mesh implant trial
HACKENSACK, N.J. (Legal Newsline) – A jury on April 13 hit New Jersey maker of mesh implant devices C.R. Bard with $35 million in punitive damages in addition to the $33 million in compensatory damages awarded the previous day for the alleged physical damage its mesh device caused a North Carolina woman.
Jury awards woman $23 million in C.R. Bard implant trial in New Jersey
HACKENSACK, N.J. (Legal Newsline) – A jury by 7-1 vote on April 12 ruled that $23 million in damages be awarded to plaintiff Mary McGinnis after deciding a pelvic mesh implant caused the 70-year-old North Carolina woman to suffer inflammation, severe pain, loss of lifestyle and mounting medical bills when the mesh had to be removed over subsequent surgeries.
Doctor says woman’s osteoarthritis not asymptomatic in C.R. Bard mesh trial
HACKENSACK, N.J. (Legal Newsline) – A noted orthopedic surgeon maintained that a woman suing New Jersey-based C.R. Bard over allegations that a pelvic implant device caused pain experienced issues because of arthritis, not the implant.
Allegations of pelvic mesh shrinkage considered in C.R. Bard trial
HACKENSACK, N.J. (Legal Newsline) – An attorney for Mary McGinnis in her lawsuit against C.R. Bard said during trial that the pelvic mesh McGinnis had installed in her pelvic region in 2009 shrunk and distorted, while the defendant contends it can be tissues attempting to heal that causes mesh shape change, not the mesh.
Former C.R. Bard VP said company 'chose not to remind' resin maker over use of resin in medical products
HACKENSACK, N.J. (Legal Newsline) – A former C.R. Bard vice president told a jury April 6 that the use of a resin substance in pelvic implant devices had not been communicated to a supplier of the resin because if the supplier found out its resin material was being used for medical purposes, it might prohibit its availability.
Attorneys in C.R. Bard mesh implant trial dispute woman’s physical condition
HACKENSACK, N.J. (Legal Newsline) – Attorneys for the plaintiff and defendant jousted again over the issue of whether a pelvic mesh implant intended to treat a sagging bladder was the cause of damage to a woman’s body, or whether it was her own arthritic condition that caused her alleged pain.
Attorneys in C.R. Bard mesh trial spar over wording
HACKENSACK, N.J. (Legal Newsline) – Adam Slater, the attorney for plaintiff Mary McGinnis, attempted to use the previously published words of a noted female pelvic specialist serving as a witness for defendant C.R. Bard to refute the contention that mesh implant devices were safe.
Attorneys for C.R. Bard examine woman’s medical history in implant mesh trial
HACKENSACK, N.J. (Legal Newsline) – Attorneys for defendant C.R. Bard on April 2 called their own witness, a urologist and pelvic reconstruction surgeon specialist, who said the cause of plaintiff Mary McGinnis’ painful symptoms were not a result of a defective vaginal mesh implant, but her pre-history of arthritis.
Plaintiff's attorney challenges star defendant witness in C.R. Bard mesh implant case
HACKENSACK, N.J. (Legal Newsline) – The attorney for the plaintiff went after a defendant's star witness on April 3, downplaying the urologist and reconstruction surgeon specialist’s experience with a pelvic mesh implant device the plaintiff alleged damaged her life and resulted in excruciating pain.
Plaintiff recounts pain she says came from mesh implant in C.R. Bard trial in New Jersey
HACKENSACK, N.J. (Legal Newsline) – Plaintiff Mary McGinnis told a jury March 29 how her life had changed because of the polypropylene mesh implant she had surgically placed in 2009, which instead of propping up a sagging bladder as intended, allegedly caused tissue inflammation and intense burning pain, necessitating removal by surgery.
Plaintiff's prior medical history discussed in New Jersey pelvic mesh trial
HACKENSACK, N.J. (Legal Newsline) – Attorneys representing a medical device company alleged to have manufactured a pelvic mesh implant a woman claims caused her injury sought to portray the source of the woman’s pain not a result of the implant, but unrelated arthritic conditions in trial March 28.
Benefits/risks of pelvic mesh addressed in C.R. Bard trial taking place in New Jersey
HACKENSACK, N.J. (Legal Newsline) – The trial over a woman’s allegations against a medical manufacturer over a mesh implant device that allegedly caused her intense pain and physical damage focused March 27 on the perceived risk versus benefit of the device.