Lawsuit Information Center

August 13, 2021

Survey Finding Flaws in MDL System Misses the Mark

Last month, Elizabeth Burch (University of Georgia School of Law) and Margaret Williams (Johns Hopkins) published a paper entitled Perceptions of Justice in Multidistrict Litigation. The paper was based on a survey of 217 women who are plaintiffs in various mass tort MDLs. Based on this survey, the authors conclude that the MDL system for handling mass torts in federal court is deeply flawed and fails to deliver justice to victims.

This paper has been making the rounds in legal academic circles and received some attention from national news outlets like Reuters. In my humble opinion as a lawyer directly involved in the MDL mass tort system, this paper is based on an absurdly flawed survey that is not reflective of most MDL plaintiffs.

Summary of the Survey

July 16, 2021

Will Sunscreen be the Next Big Mass Tort or Just the Next Big Safety Recall?

by Ronald V. Miller, Jr.

It’s the peak of the summer beach season, but if you drop by your local retailer to pick up some sunscreen, you will likely see a lot of empty shelf space. Why? Because independent consumer product testing recently discovered that a number of major sunscreen products contained hazardous levels of benzene. Benzene is a notorious and well-known human carcinogen that is very harmful to the human body.

In response to this discovery, manufacturers and major retailers have started pulling sunscreen spray, lotion, and other products from their shelves. Now plaintiffs’ lawyers around the country are evaluating whether contaminated sunscreen lawsuits could be the next big mass tort.

Valisure Finds Dangerous Levels of Benzene in Sunscreen Products

May 24, 2021

Vici Venous Stent Lawsuits

by Ronald V. Miller, Jr.

Medical device manufacturer Boston Scientific has issued an emergency safety recall of its Vici Venous stent devices because a defect in the stents causes them to migrate once inside the body.

If you had a Vici Venous stent surgically implanted and it subsequently migrated inside your body, you may be entitled to financial compensation. Our medical device lawyers are currently new Vici Venous stent cases against Boston Scientific.

Bard PowerPort lawsuits in 2023 focus on vascular injuries

March 25, 2021

New Mexico Supreme Court Blesses Malpractice Cap

by Ronald V. Miller, Jr.

Last week, in Siebert v. Okun, the New Mexico Supreme Court ruled that the state’s damages cap in medical malpractice cases was constitutional, concluding the law did not violate the right to a trial by jury. This ruling struck down the Bernalillo County District Court’s 2018 ruling on Siebert v. Okun.

New Mexico’s Medical Malpractice Act

The New Mexico legislature passed the Medical Malpractice Act in 1976. The law caps damages in medical malpractice cases at $600,000. It applies to lost wages and pain and suffering. The cap excludes punitive damages and compensation for medical and rehabilitative treatments.

March 19, 2021

Average Settlement for Hernia Mesh

by Ronald V. Miller, Jr.

To date, thousands of lawsuits related to defective hernia mesh implants have been filed in courts across the country. These suits claim that defective surgical implant devices were the cause of chronic pain, serious infections, obstructed bowels, perforated abdomen lining, and the development of adhesions. Some plaintiffs’ injuries were severe enough that they needed further surgeries to correct these issues.

Hernia mesh litigation update for 2023
Bard mesh lawsuits and their projected settlement payouts

December 11, 2020

Baseball-related Verdicts and Settlements

by Ronald V. Miller, Jr.

Years, ago, I wrote a blog about a frivolous Little League baseball lawsuit. Going through that old post in 2020, I realized no one really cared seven years later. (in fact, I started to post the old post at the end of the piece but decided it was truly worthless.

But settlement and verdicts in baseball-related personal injury lawsuits does seem of interest to many of us who spend our winters indoors playing baseball and out spring, summer, and fall out on the baseball field.

Baseball-Related Verdicts and Settlements

December 6, 2020

Liver-Related Malpractice Lawsuits

by Ronald V. Miller, Jr.

A number of cancers arise in the liver or biliary system. Unlike many cancers, liver cancer (and liver disease) appear to be on the rise. From 1999 to 2016, annual deaths from liver cancer doubled to 11,073. Liver cancer is now the fastest increasing cause of cancer death in the United States.

Why? it is a good question. The tragedy is that liver cancer is often preventable. Approximately 71 percent of liver cancer diagnoses in the U.S. can be attributable to preventable risk factors. Some of these deaths are also caused by malpractice. You need to diagnose and treat liver cancer quickly to have the best chance of curing it.

Liver Cancer Examples

October 9, 2020

Whistleblower Lawsuits for Unnecessary Hospitalizations (Winter v. Gardens Regional)

by Ronald V. Miller, Jr.

Earlier this year in Winter v. Gardens Regional Hospital, the 9th Circuit Court of Appeals revived a False Claims Act case filed by the Director of Care Management in a California hospital that claimed nearly $1.3 in Medicare claims that sought reimbursement for inpatient hospitalizations that were not medically necessary.

The U.S. District Court of Utah dismissed the case, without leave to amend, for failing to state a claim under the FCA. Specifically, the court believed that the qui tam plaintiff’s complaint failed to state a cause of action under the FCA because the allegations as a matter of law were “subjective medical opinions” that demonstrated a mere “difference of opinion” as to the medical necessity of inpatient hospital admissions.

Facts of Winter v. Gardens Regional Hospital

August 25, 2020

Georges v. Ob-Gyn Servs. | Birth Injury Appellate Opinion

by Ronald V. Miller, Jr.

In Georges v. Ob-Gyn Servs., P.C. the defendants, a midwife, and a medical practice, unsuccessfully attempted to overturn and $1.6 million in interest that accumulated as the result of the defendants’ refusal to accept an offer of compromise after a $4.2 million jury award.

Facts of Georges v. Ob-Gyn Servs.

The plaintiffs’ birth injury lawyer filed their original complaint alleging that the defendants committed malpractice during the mother’s pregnancy, labor, and delivery of her child. The plaintiffs claimed this malpractice caused the child to suffer severe and permanent injuries. The lawsuit claims that as a result of the defendants’ medical malpractice in managing shoulder dystocia, a young girl sustained a severe, permanent injury to her right brachial plexus.

July 7, 2020

What Are My Legal Options if My Car Accident Claim Is Denied?

by Ronald V. Miller, Jr.

We buy car insurance hoping we never need to go through the process of submitting a claim. When accidents happen, we hope the claims process is smooth and simple. Seems like a reasonable expectation because you or the at-fault driver paid your premium every month in a way that made it smooth and simple for the insurance company. But it does not work that way, right?

There are several reasons that your claim may be denied. This denial can often cause a significant financial strain on you and your family. . If you’ve recently been in a car accident, you may be counting on the money from the insurance claim to pay medical and other bills.

If your claim has been denied, you need to figure out quickly why and what you can do to get the money you deserve.