Illinois Injury and Mass Tort Lawyer Blog

Published on: May 24, 2017

JPML to Hear Argument on Forming MDL for J&J Physiomesh Product

Photo Credit: aerogondo2 / Shutterstock.com

This month, the Judicial Panel on Multidistrict Litigation (JPML) will hear arguments regarding whether to consolidate the numerous pending cases against Ethicon, a subsidiary of Johnson & Johnson, regarding its physiomesh products. The JPML is the body responsible for overseeing multi-district litigation (MDL), which is a legal process that is somewhat similar to class actions. When dangerous products harm numerous victims, the cases often involve similar factual allegations and legal claims. To streamline the process and promote efficiency, the cases can be organized in an MDL proceeding before one judge. Unlike a class action, each plaintiff maintains his or her individual case and must prove that he or she is entitled to damages.

Physiomesh is a product targeted toward hernia repair surgeries. It is a synthetic mesh material that is marketed to be used in laparoscopic herniorrhaphy procedures. The product’s unique design features five separate layers. Two types of material make up the first four layers, while the final layer is polypropylene mesh. This design has not been used in other mesh products. According to Ethicon, the multi-layer feature is designed to reduce adhesions and inflammation and to help fixate and incorporate the mesh into the abdominal area.

The concern regarding Ethicon’s physiomesh arose in May 2016 when the company issued a recall after discovering that the product leads to higher revision rates when used in a specific type of hernia repair. Revision surgeries can be extremely painful and expensive for patients, especially when they anticipated having their medical issue resolved during the first procedure.

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Published on: May 19, 2017

Defective Design Lawsuit Claims Keurig Coffee Machine Caused House Fire

By Moll Law Group

When someone suffers injuries as a result of a defective or dangerous product, the potential defendants that may be held liable range from the company that designed the product to the manufacturer and even the retailer. Product liability cases involving product defects can arise from defects in manufacturing or defects in the product’s design. Manufacturing defect cases involve a defect in a product caused when the product was not manufactured according to its intended design. In contrast, design defect cases involve a defect in a product caused when the product’s design was unreasonably dangerous. There can also be marketing defects in cases in which there was an insufficient warning of the product’s dangers.

In an Illinois defective design case, a plaintiff must prove that the product had an unreasonably dangerous condition, the condition existed when the product left the defendant’s control, and the condition caused the plaintiff’s injuries. There are different tests courts use to determine whether a product is “unreasonably dangerous.” Under the consumer-expectation test, the question is whether a product failed to perform as safely as an ordinary consumer would expect. In contrast, under the risk-utility test, the question is whether a product’s risks outweighed its benefits. The risk-utility test considers a number of different factors, including the feasibility of alternate designs, whether the design conformed to industry standards, the utility of the product, the likelihood of injury, and the manufacturer’s ability to eliminate the unsafe condition.

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Published on: May 17, 2017

Determining Liability in Illinois Multi-Vehicle Car Accidents

By Moll Law Group

Personal injury claims arising out of car accidents usually involve acts of negligence, and they often involve multiple parties. For example, there may be allegations that a driver failed to obey traffic laws, failed to drive safely considering the conditions, or failed to properly maintain the vehicle’s brakes. There also may be allegations that a driver was negligent in responding to another driver’s actions or violated a traffic rule or law.

Depending on the circumstances surrounding an accident, if a driver violated a statute, ordinance, or traffic regulation, it may be considered negligence per se. If so, the driver’s conduct may give rise to a rebuttable presumption of negligence, or it may be considered evidence of negligence. In cases involving multiple parties, each party’s actions may come under scrutiny, potentially reducing the plaintiff’s compensation.

Comparative Negligence

Traditionally, under a different doctrine called contributory negligence, if a plaintiff was found to be partially at fault, the plaintiff could not recover any compensation from the defendant. However, today Illinois follows the doctrine of modified comparative negligence. Under the doctrine of comparative fault, or comparative negligence, a plaintiff’s recovery may be reduced by their own percentage of fault.

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Published on: May 15, 2017

Missouri Jury Returns Verdict in Favor of Plaintiff in Johnson & Johnson Talcum Powder Cancer Lawsuit

By Moll Law Group

Earlier this month, a Missouri jury returned a verdict assessing $110 million in damages against household product maker Johnson & Johnson in a lawsuit regarding its talcum powder products. This litigation marked the fifth trial that the company has faced regarding whether or not these products lead to the development of ovarian cancer. The plaintiff in this lawsuit, a woman from Virginia, alleged that she used the company’s talc-based products for over four decades and developed ovarian cancer as a result. The plaintiff was required to undergo chemotherapy after she was diagnosed with cancer, which later spread to her liver. In her complaint, the plaintiff specifically identified Johnson & Johnson’s Shower Powder and Baby Powder products.

The talcum powder that Johnson & Johnson uses for its talc-based products is sourced from a company called Imerys Talc America. This company is owned by another company based in Paris.

Currently, there are over 2,000 lawsuits containing similar allegations pending against Johnson & Johnson. One of the primary causes of action asserted in the complaints is that Johnson & Johnson failed to provide adequate warnings regarding the potential risk of developing certain cancers from the use of its talc-based products, despite evidence available at the time the product was marketed suggesting a linkage. These lawsuits are mostly still pending in St. Louis, Missouri.

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Published on: May 12, 2017

Smartphones Behind the Wheel: Help or Hindrance?

By Moll Law Group

Advancements in technology have made vast improvements in travel and transportation. Some of the biggest technological changes to how we get around are smartphones and other digital computer platforms. Nowadays, it is not uncommon for vehicles to be equipped with their own computer systems in the dashboard, which offer motorists a variety of assistance and luxury features. Now, developers are finding ways to put these technological advancements to use for driver safety.

A recent study from the National Highway Traffic Safety Agency (NHTSA) has identified some important questions regarding how smartphones and vehicles could interface in the future. The report could spur some smartphone makers to include vehicle safety technologies in their infotainment system applications. This feature would then lock out or prevent the driver from accessing certain features while he or she is operating the vehicle.

The NHTSA released another study in 2016 that discussed a safety proposal for smartphone manufacturers. It suggests that the smartphone operating systems be equipped with a Driver Mode that will prevent the driver from accessing certain features on the phone while in transit. Some of the features that would be off-limits during travel would be social media, video, web surfing, and manual text entry. The proposal also considered taking Driver Mode one step further and having it automatically activate if the driver has not engaged it prior to operating the vehicle or if the driver has not paired it with his or her vehicle.

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Published on: May 12, 2017

Jury Returns $20 Million Verdict Against Johnson & Johnson in Ethicon Pelvic Mesh Bellwether Case

By Moll Law Group

A Pennsylvania jury recently returned a $20 million verdict against major household product and medical device maker Johnson & Johnson in a lawsuit regarding its pelvic mesh products. The lawsuit is part of the ongoing pelvic mesh multi-district litigation (MDL), and it constituted the third bellwether trial to proceed. According to some reports, there are over 54,000 additional lawsuits pending against the company, which is the largest health care product manufacturer in the world.

MDLs are similar to class actions in that they involve grouping claims that assert similar factual allegations and legal claims. They are different from class actions, however, in that each plaintiff must still prove his or her damages. In a class action, the entire class is awarded a collective settlement that is then distributed according to amounts and procedures approved by the court. To gauge the legal soundness of the plaintiffs’ claims, bellwether trials are conducted to gauge the likely level of liability and to assess the likely damages award against the defendant. These trials are crucial indicators of how the remaining cases pending in the MDL may play out.

In the most recent case, the plaintiff alleged that she received a TVT-Secur mesh product during a surgical procedure to address her stress urinary incontinence and that the product began to erode after two months. The plaintiff stated in her complaint that she underwent three surgeries to remove the mesh product and that Johnson & Johnson marketed the product despite its risks and without providing warnings about these risks.

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Published on: May 12, 2017

Reality T.V. Star Charged with Fleeing Scene After Allegedly Rear-Ending Tractor

By Moll Law Group

Many car accidents are caused by a driver’s negligence. Often, these accidents involve the negligent driver not paying attention to the road and rear-ending the vehicle in front of them. According to recent statistics from the National Highway Traffic Safety Administration (NHTSA), rear-end collisions account for the majority of all motor vehicle accidents, comprising about 33 percent of all crashes.

Rear-end collisions are simply defined as collisions in which one vehicle collides with the rear of another vehicle. Across the country, over 2,000 rear-end collisions resulted in a fatality, and over 500,000 resulted in an injury. In Illinois, if another driver is to blame, an accident victim may recover damages from any defendant who was more at fault than they were in causing the accident.

Bachelor Star Charged with Causing Fatal Accident and Fleeing the Scene

According to one news source, a former star of the T.V. series “The Bachelor” has been charged with causing a traffic accident that killed a driver and fleeing the scene. Allegedly, the reality show star was driving a pickup truck at around 8 p.m. on a Monday evening in Iowa and rear-ended a tractor. The tractor then rolled over and fell in a ditch. The reality star’s truck fell in a ditch on the opposite side of the road. The tractor driver, a farmer, was taken to the hospital, where he was pronounced dead. He was 66 years old and is survived by his wife, two sons, and three grandchildren.

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Published on: May 10, 2017

FDA Issues New Announcement Regarding Potential Link Between Breast Implants and Cancer

By Moll Law Group

Breast implants are one of the most popular elective surgeries throughout the world. Although breast implants have been around for several decades, the U.S. Food and Drug Administration has recently identified a possible linkage between these medical devices and anaplastic large cell lymphoma (ALCL). This condition is categorized as an uncommon type of non-Hodgkin’s lymphoma. The FDA first identified the potential connection in 2011.

Now, in 2017, the FDA has indicated that it has collected additional evidence regarding this linkage. When it first started its investigation six years ago, the FDA was only able to identify a few cases involving the development of the disease in relationship to breast implants. This made it more difficult to identify the factors that would contribute to the disease’s onset. The agency prepared a report detailing its understanding of the potential linkage and calling for the assessment of additional information and identification of additional cases.

In partnership with the World Health Organization, the FDA has now obtained additional information and data regarding the potential link between ALCL and breast implants. The World Health Organization is an international agency dedicated to improving human health throughout the world, particularly when it comes to combating diseases. The FDA’s latest announcement describes ALCL as a rare T-cell lymphoma that may develop after an individual receives breast implants.

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Published on: May 8, 2017

Woman Awarded $20 Million in Pelvic Mesh Case

By Moll Law Group

Medical products and devices are often used in surgical procedures and other medical treatments. In some cases, these devices can save lives. However, sometimes these devices can be dangerous and may result in more serious injuries than the injuries they are used to treat.

Pelvic mesh, sometimes called vaginal mesh or surgical mesh, is a medical device that is used in procedures to support repairing weakened or damaged tissue. The Food and Drug Administration (FDA) has warned of complications associated with surgical mesh when placed in the vagina.

In some cases, the mesh can erode and cause patients pain, infection, bleeding, and other issues. Pelvic mesh implants became common a decade ago to treat urinary incontinence, or involuntary leakage of urine. Many women experience a condition in which the bladder and other organs, weakened by childbirth, sag over time, causing incontinence. In recent years, thousands of lawsuits have been filed against Johnson & Johnson, the manufacturer of pelvic mesh, by women alleging they were harmed by the implants.

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Published on: May 5, 2017

Nursing Home Failed to Resuscitate Woman

By Moll Law Group

There are several different types of claims that can be filed against nursing homes for injuries caused to residents. These claims include those based on intentional abuse, medical malpractice, and general negligence. A negligence claim is a common claim against a nursing home, and it arises from a provision of care that does not meet the standard expected of nursing homes.

Nursing homes may be liable for acts or omissions that cause injuries to residents. Nursing homes are required to exercise reasonable care in caring for and protecting residents. Thus, in general, a nursing home has to exercise the degree of care and skill normally used by other long-term care facilities under the same or similar circumstances.

Woman’s Family Claims Nursing Home Failed to Resuscitate Her After She Was Found Not Breathing

According to a news article, a family recently brought a lawsuit against a Highland Park nursing home, alleging that staff caused a woman’s death by failing to administer CPR when she was found not breathing in her bed. The resident, who was 52 years old, had diabetes and suffered from kidney failure, but she was only supposed to be at the home for a few weeks while recovering from pneumonia. Last month, a nurse went into her room at around 4 a.m. and found the woman “lifeless and not breathing.” The family alleges that the nurse misread the woman’s chart, which stated whether she wanted to be resuscitated. The family said she wanted to be resuscitated, but no one administered CPR.

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