Articles Posted in Featured Lawsuits

In the realm of personal injury law, product liability claims hold a unique and critical space. It is essential to understand that these claims can be broadly categorized into three types, where defendants can be held liable for personal injury or other damages. Here, we’ll delve into each of these three main types of product liability claims and provide examples of evidence or warnings that could potentially put you at risk.

Manufacturing Defect Claims

Manufacturing defect claims top the list in terms of frequency among product liability cases. These claims arise when a product, produced with a safety defect, poses an unreasonable risk for the consumer. The basis of such a claim is that the manufacturer deviated from a safe design, producing a good with a defect.

When the cryptocurrency company FTX dissolved, many innocent investors lost millions. The FTX collapse prompted a class-action lawsuit by aggrieved investors. A number of high-profile celebrities and athletes, including Larry David, Tom Brady, and Steph Curry, have been named in the class-action lawsuit because they were paid spokespersons for FTX. Let’s point out from the beginning: it seems like a crazy stretch to sue these people.

One of the famous people named in the lawsuit is former basketball icon Shaquille O’Neal. Over the last several months, however, Shaq has allegedly been actively avoiding service of process attempts by attorneys representing the plaintiffs in the lawsuit. Brady, Curry, and the rest of the big-name defendants have all voluntarily accepted service in the case, but Shaq remained a deliberately elusive target for process servers, prompting some to call for a foul.

Update: The process server attended Game 4 by purchasing a ticket – which had to cost a fortune – and approached O’Neal while he was on the Inside the NBA set. Two lawsuits were served to him, with the second one relating to his Astrals NFT Project. It is alleged that O’Neal was not amused by the situation and had the process server removed from the arena, which is crazy.

Gwyneth Paltrow, the famous actress and business woman, is being sued by a man in Utah who claims that Paltrow negligently injured him during a skiing accident. The trial in this case is currently underway and it is proving to be regular source of headlines and viral video clips. In this post, we will give you the full background story behind the lawsuit and our prediction for the outcome of the trial.

UPDATE: Paltrow Wins Ski Accident Case

On March 30, 2023, the jury in Utah ruled in favor of Gwyneth Paltrow in the skiing accident lawsuit brought against her. The jury determined that the plaintiff (a 76-year-old retired optometrist) was the one who caused the 2016 accident on the slopes at the Deer Valley resort in Park City. The jury found in favor of Paltrow on her counterclaim for $1. It took only 2 hours of deliberation to reach the verdict.

Social Security Disability Insurance (SSDI) is a government program that is supposed to provide financial support to anyone who is unable to work because they have become permanently disabled due to an illness or injury. To qualify for SSDI benefits you have to file a disability claim with the Social Security Administration (SSA) and your claim must be approved.

Each year the SSA received over 2 million claims for disability benefits. The odds of getting a claim approved are not very good. Only about 35% of all SSDI claims are ultimately approved and only 30% of disability applications are approved at the initial stage. In some cases, disability claims are properly denied because the applicant is not truly disabled and simply does not meet the eligibility requirements. In many other cases, however, claims are denied for technical reasons which usually involves an incomplete application or insufficient medical documentation.

Chances of Disability Claim Success at Each Level

The jury is still out this Wednesday after Memorial Day in the defamation lawsuit filed by actor Johnny Depp against his ex-wife Amber Heard.

UpdateNetflix recently released a new documentary film on the Jonny Depp / Amber Heard defamation trial. The show, Depp v. Heard, features clips of testimony from the trial, mostly from Johhny and Amber themselves.

Update: Johnny Deep Wins!  $15 million in punitive damages. But they awarded Heard $2 million for her counterclaim.  Summary: what an utter mess. 

Cowboys star wide receiver CeeDee Lamb was sued last week by a sports memorabilia and trading card company after Lamb allegedly breach a contract with the company by failing to autograph a certain number of player cards.

The lawsuit drew some attention because sports memorabilia companies rarely sued players for this sort of thing.

Literally, since I started writing this piece,  the lawsuit became moot. Yesterday afternoon the memorabilia company announced on Twitter that Lamb had fulfilled his obligations under the contract.   Because often filing a lawsuit is what is needed to wake someone up who is not fulfilling their obligations.  But I finished the post because it is a good story.

morcellator cancer lawsuit

Doctors are being discouraged from using morcellators

The FDA last week for the first time discouraged doctors from using morcellators when performing hysterectomies.  The FDA also said morcellators should be avoided when removing uterine fibroids. The concern is that if there is cancerous tissue in the abdomen, it will hurt a patient’s chance of recovering from the cancer.  In some cases, surgeons can be stirring up cancer that neither the doctor or the patient even knows exists.   How real of a concern is that? The FDA says that 1 in 350 women who are undergoing a hysterectomy or myomectomy for fibroids have a uterine sarcoma, an unsuspected type of uterine cancer that can be deadly.

What is a morcellator?

A morcellator is a surgical device that is used to divide and remove tissue masses during laparoscopic surgery.  In a hysterectomy, the device divides the uterus.   It is also frequently used to dissect uterine fibroids during myomectomies/fibroidectomies.

This surgical device cuts the tissue mass into pieces.  The surgeon then pulls out the pieces through extremely small incisions.   There is no question there is an upside to this technique.  It is minimally invasive surgery which means no big scars, shorter recovery time, and less of the other risks that come with surgery.

So the FDA’s announcement is a major development.   Morcellators are being used in massive numbers.  It is used in tens of thousands of hysterectomies each year.

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stryker hip replacement settlement

Stryker hip settlements are being reached

Settlements are being reached in more Stryker Rejuvenate hip replacement cases filed in New Jersey state court.   More resolutions of these cases are likely to be imminent.

The first phase, a group of 10 cases previously selected for early mediation, has resulted in the conclusion of all 10 cases. Additionally, at least two cases from the second phase have resolved.  This is a harbinger of broad agreements on the remaining cases, not only for the 950 cases pending in New Jersey state court but also for the cases pending in the MDL class action.

What are the Stryker Claims About?

Stryker Rejuvenate hip systems were removed from the market less than two years after the design was introduced. While originally designed to last 15 to 20 years, they began to fail immediately.   So that was the first problem.  The second problem is that the Stryker initially did little to try to cure the problem.

What was the complication with this device?  Consisting of modular neck-stems with two pieces that fit inside of each other, they were designed to allow the surgeon to customize the length of the femoral component.  Traditional hip implants consisted of a single femoral component.  So you can see how this was an innovation.  Why did it so epically fail?   What happened was the rubbing of the neck and stem can release microscopic metal debris into the body as the chromium-cobalt neck rubs against the titanium femoral stem.  In simpler terms, the debris is caused by the micromotion of the metal joints rubbing in the artificial hip.  That’s not a good sign – or, a good product.
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