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A doctor’s failure to properly handle uterine rupture symptoms during childbirth can lead to the death of the child, and injury or death to the mother.   This article discusses these cases and addresses: 

  1. The acts of a physician that lead to vaginal rupture cases.
  2. The types of accidents that lead to large settlements and verdicts.

potiga black box warningThe concerns over the anti-seizure drug Potiga were given new weight by a new black box warning.  The problem is concerns of possible vision loss and blue discoloration of the skin that can be permanent.  The FDA says that anyone who considers this drug should get an eye examination both before initiating treatment and every six months during the course of the treatment.

Just as importantly, the FDA underscores the limits of this medication by essentially saying that this medication should only be used by those who have not done well with other options.  Why?  The risks of taking the drug are pretty high.  So it makes sense to make sure every other option has been fully explored with your doctor.  So this drug has its place, but only in those situations where Protiga’s benefits outweigh the risk.  Of course, this is true with every drug, but particularly so when the risks are what they are here.
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Risperdal lawsuits have have mostly been resolved as of 2024 after a global settlement was reached.  We have updated this post in 2024 to talk about the Risperdal settlements and are leaving the rest of this post up for informational purposes.  Our lawyers are no longer seeking new claims.

2024 Risperdal Litigation Update

The lawsuits were primarily based on allegations that Risperdal, an antipsychotic medication, led to the development of gynecomastia in boys and young men, a condition characterized by the growth of breast tissue.

The vaginal mesh cases are heating up everywhere as plaintiffs’ lawyers, who frankly smell blood, are pushing with greater vigor to get and hold trial dates.  Multi-million dollar verdicts will do that.

In the Boston Scientific transvaginal mesh cases, lawyers are pushing fast to get a trial date and are expected to get one soon.  How do you define “soon” in tort law?  Early next year.

All these federal cases have been consolidated in an MDL under a good judge in West Virginia.   The class action lawsuit against Boston Scientific contents the mesh that was supposed to protect them from pelvic organ prolapse or stress urinary incontinence has done nothing but make their health problems far worse.

morgan state lawsuitA Baltimore City Circuit Court judge has given the “go ahead” for a student’s lawsuit to proceed – for now, at least – against Morgan State University, denying a Motion to Dismiss the lawsuit.

Awful details here.  The 23-year-old Plaintiff has filed suit against Morgan State for failing to act to protect students and visitors on the university campus.  The lawsuit, which seeks more than $75,000 on each of three counts consistent with Maryland’s new law not to ask for specific damages in the Complaint,  was filed as a result of a horrific beating that the Plaintiff received by the hands of a man later found not criminally responsible due to mental illness.

The lawsuit alleges that there was foreseeability on the school’s part that something bad would happen.  That’s where the claim gets a little tricky.   The attacker, prone to violent outbursts at college events, attacked the Plaintiff with a baseball bat wrapped in barbed wire, blinding him in one eye.  The lawsuit states that the warning signs were there, but that Morgan State failed to act.  Previously found wielding a machete on campus, and known to leave satanic rants on social media sites, the attacker has since been arrested on a separate case.  Charged with murder, it is alleged that he killed and dismembered a family friend, and consumed some of the deceased’s organs.

louisville police lawsuit

Tough Wrongful Death Case Resolves

Three years after the death of a beautiful 22-year-old girl, her family has settled a wrongful death lawsuit with the Louisville Metro Police Department.  The case settled for $700,000 – and a letter.  A letter to the family of the deceased from the driver responsible for the crash, an off-duty police officer.

In a letter to the family, as part of the settlement, the detective admitted that he was speeding at the time of the accident, which was a “contributing factor to this accident.”  An investigation determined that he was driving at approximately 80 mph, around a curve sloping down a hill.  The Louisville Metro Police Department, who admits that speeding off duty is an ongoing problem, suspended the detective for 30 days, the department’s strictest discipline, short of being fired.  According to the department, he was not fired for a number of reasons, one of which was the fact that the deceased was found to have a blood-alcohol content higher than the state’s 0.08 level for drunk driving – an allegation argued by the family’s attorney as the blood-alcohol sample was lost.

A Mississippi Appeals court recently affirmed a trial court decision to throw out a Wal-Mart premise liability case involving a damaged container and corrosive burns. Instead of letting the events (and the injuries) speak for themselves, the court places an extremely high evidentiary expectation that was out of the plaintiff’s grasp. Should courts be allowing corporations to escape liability just because the plaintiff is unable to show every single detail of the accident when he is clearly injured? It is a challenge courts have wrestled with for hundreds of years.

What happened? A patron visited a Mississippi Wal-Mart in the fall of 2010. While perusing the aisles, he selected a bottle of bleach to put in his basket. After leaving the checkout counter, the patron realized he accidentally forgot to purchase the bleach and placed the bottle on his lap to return to the cashier. Unfortunately, this bottle of bleach was leaking and spilled its contents on his legs and thighs. Because of a prior injury, the man had been paralyzed from the waist down since 1967 and he did not become aware of the spilled bleach until the cashier noticed the leaking bottle. The bleach caused chemical burns on his thigh and knee, and he brought suit against the Wal-Mart Corporation.

The patron filed a premise liability claim that alleged Wal-Mart was negligent and had knowledge of a dangerous condition. Wal-Mart made a motion for summary judgment, and the trial court dismissed the case, saying that the patron failed to prove Wal-Mart’s negligent act. The Mississippi Appeals Court affirmed the lower court’s decision.

Last week, the Court of Appeals of Missouri decided a subsequent remedial measures case that I think is of interest to all personal injury lawyers no matter where you practice.

The subsequent remedial measures rule is one of those law school standards that any second-year student can explain in about two minutes. Despite its seeming simplicity, as we see in Emerson v. Garvin Group, the rule is more complicated to apply.

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