Lawsuit Information Center

July 20, 2018

Essure Lawsuit

Bayer announced today that after thousands of reports of injuries from women and repeated safety restrictions by regulators said Friday that it will stop selling the device in the U.S.

What is the deal with these medical devices, and what is happening with the lawsuits in these cases?

The Essure Permanent Birth Control System was to provide women with a safer, less involved (and painful) tubal ligation alternative. This medical device was triumphantly marketed as the “[only] FDA-approved permanent form of birth control with a procedure that can be performed in an office setting without general anesthesia.” Unfortunately for the 750,000 women who have used this system since the Food & Drug Administration (FDA) approved it in 2002, both new scientific research and anecdotal evidence suggest that Essure has caused substantial injuries to thousands of patients, motivating calls among consumer advocates for the drug’s recall and spurring legal action.

This page was written many moons ago (2018 actually) but we do provide a 2023 Essure litigation update at the bottom of this page.

How Essure Works and Why the System Appeals to Women

The Essure system consists of two flexible coils that are inserted into the Fallopian tubes to produce permanent sterilization. Both patients and doctors have liked Essure, at least conceptually, because the system offers a less-invasive solution than tubal ligation and other birth control surgeries, ostensibly with shorter healing time and fewer side effects. Premarket studies tracked women’s pregnancies before and after Essure implantation, leading Bayer to assert that the device is 99.83 percent effective at preventing pregnancy and that “mild to moderate pain” and “spotting” are the most common side effects.

February 14, 2018

Stockart and Sorin 3T Heater-Cooler NTM Infection Lawsuits

by Ronald V. Miller, Jr.

Some 3T heater-cooler devices manufactured by LivaNova, PLC may have caused dangerous and deadly Nontuberculous Mycobacteria (NTM) infections in many patients. 3T heater-cooler devices are used in cardiothoracic surgeries, which usually involve the heart, lungs, or esophagus. The common nature of these surgeries means that more than 500,000 patients may have a cause for concern.

As a result, a 3-T Heater-Cooler class action lawsuit has been filed. Our law firm is talking to potential victims about joining the class action lawsuit (technically an MDL).

What Is Going On?

The Food and Drug Administration (FDA) started receiving reports about NTM infections caused by heater-cooler devices in 2010. “Between January 2010 and August 2015, the FDA received 32 Medical Device Reports (MDRs) of patient infections associated with heater-cooler devices or bacterial heater-cooler device contamination. Twenty-five of these MDRs were reported to the FDA in 2015.”

February 9, 2018

Average Personal Injury Case in Minnesota

by Ronald V. Miller, Jr.

The average verdict in a personal injury case in Minnesota is $271,577. The national average is $885,600.

Does this mean Minnesota juries are not sympathetic to personal injury victims? I think it might, actually. In fact, I think the statistics might actually underestimate how stingy Minnesota juries can be.

Why? The biggest driving force in personal injury verdicts is car accidents because is the most common type of personal injury case. So the state’s law in dealing with car accident claims will make a more meaningful impact on personal injury statistics.

February 7, 2018

Just for Men Hair Lawsuit

by Ronald V. Miller, Jr.

Just for Men pitchmen like Keith Hernandez may promise we will “Go from Grey to Great” but some are finding an unpleasant catch to the inexpensive hair and beard dye. Specifically, customers are complaining of painful reactions after using the product to clean up their patches of grey.

Just for Men’s manufacturer, Combe Incorporated hasn’t issued a recall of any of their hair dye products and most negative reactions to the products are usually temporary. But for many middle-aged men hoping to hold onto that youthful look a little longer, Just for Men’s potential for skin irritation and other issues may do more harm than help.

In late-2022, hair relaxer lawsuits are being brought for uterine cancer, uterine fibroids, breast cancer, and other injuries

January 4, 2018

Do I Have a Birth Injury Claim?

by Ronald V. Miller, Jr.

Parents of newborns are quick to ask whether something happening during the birth process that caused harm to their child. Sometimes, there are signs that are a reasonable cause for concern. Of course, there are also instances where we fear for our children without a lot of foundation.

Ground Zero for Concern

The most reasonable cause of concern for parents of a newborn with a birth injury is if they were told that their child suffered a loss of oxygen. Birth injury cases have a lot of different fact patterns. But, the most common thread our birth injury lawyers see is oxygen deprivation during the birthing process. If you are told that your child was deprived of oxygen for any significant period, there is a reason to fear a birth injury that could impact your child. Still, it does not mean that your child suffered any injury.

September 14, 2017

New York Settles with Boxer Abdusalamov for $22 Million

by Ronald V. Miller, Jr.

The state of New York agreed on Friday to settle a lawsuit filed by former heavyweight boxer Magomed Abdusalamov for $22 million. It is thought to be the largest amount ever paid by the state of New York in a settlement.

Facts in Abdusalamov

Abdusalamov, now 33, fought at Madson Square Garden. He lost the fight but was not knocked out. He was evaluated by a New York State Athletic Commission (NYSAC) doctor after the fight. Instead of sending him to the hospital after showing symptoms consistent with an acute blood clot in his brain, they released him. He took a cab later to the hospital himself. The ER doctors immediately diagnosed his blood clot, and he had immediate surgery.

August 4, 2015

What is the Statute of Limitations? | Learning About Lawsuits

by Ronald V. Miller, Jr.

Every aspect of litigation is based on time. Litigants only have a certain number of days to respond to motions, answer discovery, or serve a summons. Perhaps the biggest time-related concern in litigation is the statute of limitations. The statute of limitations is the due date for a lawsuit. If a claim is brought outside the statute of limitations, it is ~~generally~~ almost always barred and must be dismissed. Americans are now appreciating more how harsh limitations can be seeing Bill Cosby not being asked to account of the allegations against him.

How Statutes of Limitation Work

A statute of limitations should be thought of more of a time frame and less of a deadline. The right to bring legal action accrues whenever the subject matter of the claim occurred. For example, in a car accident case, the right to bring a claim begins right when the accident occurred. In a medical malpractice case, the period begins when the malpractice occurs or when the victim discovers it. Once that period has officially started, the clock on the potential claim has begun ticking. The relevant statute of limitations will then lay out a period during which that claim must be brought. For example, in Maryland, the statute of limitations on most personal injury actions is three years. This means that a lawsuit for a car accident must be brought within the three years that begins when the accident occurs. If the case is not brought within that time, it can never be brought.

August 4, 2015

What Is An Expert Witness?

by Ronald V. Miller, Jr.

This blog deals with big personal injury lawsuits across the country. These lawsuits typically involve class actions, multidistrict litigation, and mass torts against corporations for their defective products, medications, or their general negligence. But we also talk about motor vehicle accident and malpractice claims, too. For all of these cases, you are almost invariably going to need an expert to testify if you want to get your case to a jury. Experts are obviously different from the typical fact witness. This post should give you a basic understanding of the nuances of expert witnesses and testimony.

August 4, 2015

Bair Hugger Infections/Joint Replacement Lawsuits

by Ronald V. Miller, Jr.

3M and one of its subsidiaries, Arizant Healthcare, are facing some heat over their Bair Hugger warming blanket. Lawsuits are starting to be filed, suggesting that the company knew that the use of the Bair Hugger could expose surgical patients to the risk of infection. Patients who underwent surgery for hip or knee replacements are at the greatest risk of infection.

2023 infection litigation: Ezri eye drop suits

The Bair Hugger

The Bair Hugger is a fairly interesting and ingenious device. When under anesthesia, the core body temperature drops a few degrees. While only a minor fluctuation, this drop in body temperature causes bleeding to increase in addition to longer recovery times. To address this, an anesthesiologist developed the Bair Hugger back in the 1980s. The device is a blanket of sorts that wraps around the patient on the operating table, blowing warm air to regulate their body temperature. As a result, a surgical patient’s core temperature can be maintained at exactly 98.6, ensuring minimal bleeding and recovery time.

The device is incredibly popular considering that it sees use in around 90% of all major surgeries. It is estimated that there are around 50,000 Bair Huggers in use around the country, meaning they are somewhat of a mainstay in the modern operating room.

July 27, 2015

How Do Appeals Work? | Learning About Lawsuits

by Ronald V. Miller, Jr.

Once a jury hands down their verdict, the case is over, right? Sometimes, but not always. At the close of trial, both sides generally have the ability to appeal certain issues or things that may not have gone their way. Most important to remember here though: parties can only appeal legal issues, not factual ones. So an appeal should not be thought of as another opportunity to try a case. Instead, appeals are there to correct mistakes or misapplications of law. Should they determine that a new trial is warranted, appeals courts have the ability to order one. But they are strictly there to determine legal issues, not factual ones.

Framework For Appeals

Every state is different, meaning every court system is different. Since this blog covers issues pertaining to the national personal injury community, I will use the federal appeals process to lay out how things work. Granted, the federal appeals courts share some similarities with many states (especially Maryland), so this should give you an idea of how things work from state to state.

The federal court system is three-tiered. There are the trial courts, which are referred to as Federal District Courts. There are the intermediate appeals courts, which are called Federal Circuit Courts. And the “court of last resort” in the federal system is the Supreme Court of the United States (SCOTUS). The state of Maryland has a similar system with trial courts, an intermediate appeals court, and a state court of last resort.