Lawsuit Information Center

July 20, 2015

What Are Special Damages? | Learning About Lawsuits

The American civil justice system allows for one type of recovery in personal injury cases: damages. Damages, or compensation, can manifest themselves in a few different forms in personal injury cases. People tend to throw around terms such as “general damages,” “special damages,” “non-economic,” and “economic” damages, so this post should help you differentiate between these various types of damage awards.

What Are Special Damages?

What is so special about special damages? Well, not much other than the fact that they can be readily quantified. Whenever a car accident or other type of personal injury accident occurs, the injured person will incur expenses associated with the accident. These are hard numbers that can be measured.

June 25, 2015

Changes to the Federal Rules | Discovery Implications

by Ronald V. Miller, Jr.

Big changes are coming to the Federal Rules of Civil Procedure. A few of these changes make some pretty significant amendments to language in the discovery rules. Depending on how they are applied and interpreted, there is real potential for a reduction in the amount of information that can be discovered, which would reduce the cost of litigation across the board.

The Changes

Here’s a quick breakdown of the changes that were approved by the Supreme Court in April:

Getting rid of the language in Rule 26 that allows for discovery of information “that may lead to the discovery of admissible evidence.”
Relying on a balancing test to limit the scope of discovery.
Making fee-shifting a bigger deal when handling protective orders.
Will amendments to the FRCP change the landscape of discovery in federal courts?
Requiring objections to requests for production to state if documents are actually being withheld as a result of the objection.
Making changes to how electronically stored information (ESI) is preserved and destroyed.
Getting rid of the appendix of forms.
Reducing the time to serve a summons after filing a complaint by 30 days.
Reducing the time for a court to enter a scheduling order by 30 days.

What This Means For Discovery

Changes in discovery rules is a big deal. We have been all playing under the old rules for a long time now. This is a big change. Discovery is ALWAYS a battlefield in civil litigation. We are all looking for some angle to advance our case in a way that increases (plaintiffs, the good guys) the value of the case.

June 17, 2015

HeartWare VAS Recall: Defects Could Cause Serious Injury

by Ronald V. Miller, Jr.

Nearly 2,000 HeartWare Ventricular Assist Systems (VAS) are being recalled because of potentially faulty power supply connectors. The defect could lead to serious injury or death in the event that power failure causes the entire system to stop working.

The Recall

The FDA issued a Class I recall for certain VAS devices after receiving numerous reports of malfunctions. Luckily, most of the failures did not result in any damage, but there was at least one serious injury reported due to a power failure. A “Class I” recall means that the FDA thinks that there is a “reasonable probability” that the continued use of the product will lead to serious health consequences or even death. Obviously, this is a recall to take very seriously should you use VAS. Mechanically, the main issue is that power connector ports tend to wear down over time. Should they become worn down enough, the power supply would lose its connection to the system, effectively rendering the VAS useless. Patients have reported that the power supply connectors have become twisted or bent, which prevents them from connecting the device control unit to the VAS itself. You know how when you’re vacuuming and you round a corner too quickly, ripping the cord out of the wall and bending up the power cord prongs? That’s what is going on here. The stakes are just a little higher.

June 4, 2015

No Bifurcation in Androgel Lawsuits, Trials to Proceed

by Ronald V. Miller, Jr.

AbbVie, manufacturer of the drug Androgel, recently asked a federal judge overseeing litigation against them to bifurcate expert discovery and summary judgment in pretrial proceedings. After rejecting the request, the judge then outlined a schedule for bellwether trials to move forward.

AbbVie’s Request

Low T Cases Moving Forward

In the ongoing MDL involving Androgel and other “low T” treatment drugs, AbbVie recently asked Judge Matthew Kennelly to amend the schedule for choosing bellwether cases for trial, specifically noting that they wished to bifurcate expert discovery and summary judgment. Summary judgment would have involved causation and other relevant issues. Judge Kennelly decided that doing so would not be fair and reasonable to both parties, although he extended the general process for choosing bellwether cases. AbbVie is probably pretty happy about this extension considering that they tried to slow down the bellwether trial process before.

While a previous case management order suggested that cases should start going to trial in 2016, Judge Kennelly is now requiring the parties to submit a proposal for the selection process by August 10, 2015. Cases will be divvied up into two categories: 1) blood clot cases involving thromboembolism or deep vein thrombosis and 2) heart attack cases. If all goes to plan, a final bellwether selection should be made by the end of August.

March 30, 2015

Antibiotics and Nerve Damage | Avelox, Cipro, Levaquin

by Ronald V. Miller, Jr.

I recently heard that if we all keep taking antibiotics we will be responsible for creating the “superbug.” The theory is that since the advent of antibiotics nearly a century ago, we have caused bacteria to become so resilient that normal antibiotics will be ineffective in the not so far future. Incurable infection and bacteria will purportedly run rampant through the streets, and I can only assume that our society and landscape will be a barren wasteland similar to that of Mad Max. Ok, maybe not that last part, but there’s no denying that there has been a serious proliferation of antibiotics. While these have revolutionized medicine and generally increased health on the whole, there are complications that can arise unrelated to the infections that antibiotics are prescribed to treat.

Recently, a group of antibiotics referred to as “fluoroquinolones” has been linked to permanent nerve damage. The risk is real, and the side effect is referred to as peripheral neuropathy.

January 6, 2015

Benicar, Azor, and Tribenzor Lawsuits Continue

by Ronald V. Miller, Jr.

Much has been said and written about Benicar and its sprue-like enteropathy side effects, symptoms very much like that of celiac disease. Less has been said about two other Daiichi Sankyo manufactured medications, Azor and Tribenzor, though lawsuits are on the rise.

In November, an Iowa woman and her husband filed suit against the Japanese pharmaceutical company Daiichi Sankyo Inc., claiming that after being prescribed Azor in January 2011, she continued to take the hypertension medication as directed for some time. During this time, the Plaintiff suffered several injuries, including sprue-like enteropathy “with severe, chronic diarrhea resulting in substantial weight loss and malnutrition…” sustaining severe and permanent personal injuries in addition to constant pain and suffering.

This post was written in 2015, but portions have been updated in 2024 to explain the history of the litigation and how it turned out.

October 3, 2014

Viagra and Vision Side Effects

by Ronald V. Miller, Jr.

Recently, we told you that new studies are reporting that men who have used Viagra for ED had a significantly elevated risk of melanoma. New studies prove there’s yet a new concern.

One of the most well-recognized brand-name medications, Viagra is used to treat erectile dysfunction (ED) by relaxing muscles and increasing blood flow to particular areas of the body. New research has indicated that approximately one out of every 50 men who have used Viagra may experience visual disturbances. These disturbances can include blurred vision, sensitivity to light, and even total blindness.

Researchers are now reporting that Viagra may not be suitable for men who carry a gene mutation associated with the inherited eye condition, retinitis pigmentosa. Retinitis pigmentosa is a hereditary condition that causes progressive loss of light reception and the outer fields of vision, leading to tunnel vision and blindness. As temporary visual disturbances have been reported by some people after taking sildenafil, a study investigating the effects on the retina of mice was conducted.

June 3, 2014

Viagra and Melanoma | Is there a Link?

by Ronald V. Miller, Jr.

If you want an erection, Viagra seems to work. Over 23 million men a year can’t be wrong. It is easy to joke about, but it is obviously a great thing for many men. But for the last 16 years since Viagra received FDA approval in 1998, we have been trying to figure out what side effects Viagra has. Because people have a right to balance their desire to keep an erection – and also consider the other drugs they might use – and the medication’s side effects. We have heard lots of discussion of vision-threatening complications and hearing loss. Now there is a new deadly concern: melanoma.

Sildenafil citratre, more commonly known as Viagra, is used to treat erectile dysfunction (ED) by relaxing muscles and increasing blood flow to particular areas of the body. Now, in a study recently published online in JAMA Medicine, it has been reported that men who have used Viagra for ED had a significantly elevated risk of melanoma. Melanoma, the most dangerous type of skin cancer, is the leading cause of death from skin disease. While melanoma accounts for less than 2% of skin cancer cases each year, it makes up the majority of skin cancer fatalities.

The study, involving researchers from Harvard and Brown Universities, compared the medical charts of 26,000 men to see if cancer rates differed among those who took Viagra and those who did not. The study revealed that men who had taken Viagra for erectile dysfunction had double the risk of developing melanoma than men who had not taken the drug.

April 22, 2014

Two New Pennsylvania Appellate Nursing Opinions

by Ronald V. Miller, Jr.

Unfortunately, most courts around the country have enforced nursing home agreements executed by residents agreeing to forgo civil claims in favor of arbitration for negligence claims.

The game changes in wrongful death cases. Usually this is for a very simple reason: the parties have changed. Courts in Maryland and other jurisdictions have largely declined to enforce arbitration agreements between nursing homes and deceased residents because any wrongful death action is not an “asset” of the estate but a claim brought under the plaintiffs’ own right for the loss of their spouse or parent.

There are two new Pennsylvania nursing home cases that favor plaintiffs in these disputes.

Pisano v. Extendicare

In Pisano v. Extendicare Homes, a Pennsylvania intermediate court affirmed the trial court’s motion for summary judgment in a wrongful death and survival action filed against a nursing home. The nursing home attempted to compel arbitration over both causes of action based on the existence of an agreement to arbitrate all claims against the nursing home, expressly including survival and wrongful death actions. This was an issue of first impression in Pennsylvania.

The nursing home’s best argument in these cases, which they made in Pisano, is that a wrongful death claim is a derivative of and defined by the decedent’s rights. While it is their best argument, it is weak. The Pennsylvania court agreed using a lot of complicated legal analysis that can best be described as follows: the parties are different so it is not derivative.

April 10, 2014

More Stryker Rejuvenate Hip Replacement Settlements

by Ronald V. Miller, Jr.

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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