LexisNexis® Legal Newsroom
10th Circuit Majority Says Infuse Off-Label Claims Are Preempted By Congress

DENVER — (Mealey’s) In a 2-1 decision, a panel of the 10th Circuit U.S. Court of Appeals on April 21 affirmed that a plaintiff’s claim alleging off-label promotion and use of Medtronic Inc.’s Infuse bone graft system is preempted by federal law and congressional intent ( Patricia...

Florida Jury Awards $46.5 Million To Longtime Smoker With COPD (Watch The Closing Argument Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) A state court jury awarded $25 million in punitive damages April 21 to a man who alleged that his chronic obstructive pulmonary disease (COPD) was caused by his 40 years of smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. ( Thomas Ryan v. R.J...

Equitable Tolling Applies To Suits Under Federal Tort Claims Act, Split U.S. Supreme Court Rules

WASHINGTON, D.C. — (Mealey’s) The time limits set forth for suits against the federal government in Section 2401(b) of the Federal Tort Claims Act (FTCA) are subject to equitable tolling, the U.S. Supreme Court ruled April 22 in a 5-4 decision ( United States v. Kwai Fun Wong , No. 13-1074...

Florida Jury Returns Verdict For Reynolds, Philip Morris In COPD Suit (Watch The Closing Arguments Videos)

MIAMI — (Mealey’s) A Florida state court jury returned a defense verdict April 23 in a suit alleging that a woman’s chronic pulmonary disease (COPD) and death were caused by her more than 30 years of smoking cigarettes manufactured by Philip Morris USA Inc. and R.J. Reynolds Tobacco...

Takeda To Pay Up To $2.4 Billion To Settle About 9,000 Actos Bladder Cancer Claims

LAFAYETTE, La. — (Mealey’s) Takeda Pharmaceutical Co. Ltd. will pay up to $2.4 billion to settle the “vast majority” of Actos bladder cancer lawsuits in the United States, the company, plaintiff attorneys and the multidistrict litigation court said April 28 ( In Re: Actos [Pioglitazone...

California Jury Awards $13 Million In Couple’s Asbestos-Tainted Talc Case

LOS ANGELES — (Mealey’s) A California jury on April 28 awarded a couple more than $13 million in a mesothelioma case alleging asbestos exposure from tainted talc. It is the first asbestos-tainted talcum powder verdict against Colgate-Palmolive Co., sources told Mealey Publications ( Judith...

Another Specialty Pharmacy Settles Exjade False Claims Allegations For $45 Million

NEW YORK —(Mealey’s) Specialty pharmacy Accredo Health Group Inc. on April 30 agreed to pay $45 million to settle a whistle-blower’s allegations that its efforts to push prescriptions for the iron chelation drug Exjade resulted in false claims being submitted to federal health care...

Florida Jury Hears Opening Statements In Suit Over Smoker’s Fatal Heart Disease (Watch The Videos Of The Opening Statements)

BRADENTON, Fla. — Trial got under way in Florida state court April 29 with opening statements in a suit alleging that the death of a smoker of coronary artery disease at age 45 was the result of his years of smoking ( Madonna Dupre, et al. v. R.J. Reynolds Tobacco Co., et al. , No. 2011CA005529...

Jury Verdict Round-Up: April Top Personal Injury Suits

During April, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. Every month, we try to make a list of the top five cases that captured our attention. This month, however, we covered so many really interesting cases, we decided...

U.S. Supreme Court Refuses To Hear Risk-Contribution Constitutionality Case

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 18 denied certiorari in a case in which a former maker of lead-based paint had argued that Wisconsin’s risk-contribution theory violates the due process clause of the U.S. Constitution “by eliminating any meaningful causation...

U.S. High Court Denies Review Of Last Pending Appeal Of Generic Label-Update Claim

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 18 denied review in the last pending “failure-to-update-warnings” preemption appeal by generic drug manufacturers ( Teva Pharmaceuticals USA, Inc., et al. v. Paul E. Hassett , No. 14-705, U.S. Sup. [lexis.com subscribers...

Bullivant Houser Bailey PC: Superior Court of Pennsylvania Strikes Down ‘Any Exposure’ Theory in Asbestos Litigation

By Melissa Tarab The Superior Court of Pennsylvania recently issued another decision holding that the purported "any exposure" or "each and every fiber" theory is not sufficient to establish causation in cases alleging exposure to asbestos. In Nelson v. Airco Welders Supply, et...

Florida Jury Says Smoker Not Addicted, Returns Defense Verdict (Watch Video Excerpts Of The Closing Statements)

PENSACOLA, Fla. — (Mealey’s) A Florida state court jury returned a defense verdict May 21 in a suit alleging that the death of a former smoker from chronic obstructive pulmonary disease (COPD), coronary artery disease and peripheral vascular disease was caused by his years of smoking ( Ethel...

Arizona Jury Awards $2.5 Million To Estate Of Nursing Home Resident (Watch The Video Excerpts Of Opening, Closing Statements)

PHOENIX — (Mealey’s) An Arizona state court jury on May 22 awarded $2.5 million to the estate of a woman who contracted Methicillin-resistant Staphylococcus aureus (MRSA) after developing a bedsore while in a nursing home ( The Estate of Doris L. Cote, et al. v. Five Star Quality Care Inc...

Washington Judge Hears Arguments In Suit Alleging Security System Was Faulty (Watch Video Excerpts Of Opening, Closing Statements)

SEATTLE — (Mealey’s) A Washington state court judge heard closing arguments May 27 in a suit alleging that negligent design and installation of a home security system allowed intruders to break into a home and seriously injure one of its occupants ( Deep Rawat, et al. v. Comcast Broadband...

Delaware Jury Awards $100 Million In Boston Scientific Pelvic Mesh Injury Case

WILMINGTON, Del. — (Mealey’s) A Delaware state court jury on May 28 awarded $100 million to a woman who says she was injured by pelvic mesh devices made by Boston Scientific Corp. ( Deborah A. Barba v. John C. Carlson, D.O., et al. , No. N11C-08-050, Del. Super., New Castle Co.). According...

Florida Jury Hears Openings In Suit Tying COPD Death To 50 Years Of Smoking (Watch Video Excerpts Of The Opening Statements)

MIAMI — (Mealey’s) Trial got under way in state court on June 4 in a suit alleging that a Florida man’s death from chronic obstructive pulmonary disease (COPD) was caused by his addiction to cigarettes ( Joyce Hardin, et al. v. R.J. Reynolds Tobacco Co., et al. , No. 07-46973-CA-22...

Jury Hears Openings In Florida Suit Alleging Electric Shock Caused Man’s Death (Watch The Videos)

SARASOTA, Fla. — (Mealey’s) Trial got under way June 4 in the 12th Judicial Circuit Court for Manatee County, Fla., in a suit alleging that a 33-year-old man’s death from a pulmonary embolism stemmed from an electrical accident that occurred at a local school six years earlier ( Stephanie...

NTSB Says Engineer Was Not Using Cell Phone When Amtrak Train Derailed

WASHINGTON, D.C. — (Mealey’s) The National Traffic Safety Board (NTSB) said June 10 that the engineer of an Amtrak passenger train that derailed in Philadelphia on May 12 was not using his cell phone at the time of the accident (NTSB Accident ID DCA 15MR010). The agency said analysis of...

Florida Jury Finds School Not Responsible For Death Following Electrical Exposure (Watch The Closing Argument Videos)

SARASOTA, Fla. — (Mealey’s) A state court jury returned a defense verdict June 10 in a suit alleging that a 33-year-old man’s death from a pulmonary embolism stemmed from an electrical accident that occurred at a local school six years earlier ( Stephanie Goberman, et al. v. The Out...

California Jury Awards $2.5 Million In Wright Medical Technology Profemur R Hip Case

LOS ANGELES — (Mealey’s) A California state court jury on June 12 found that the femoral stem of a Wright Medical Technology Inc. Profemur R hip prosthesis was defectively manufactured and ordered the manufacturer to pay $2.5 million to a patient and his wife for pain, suffering and loss...

Texas Jury Awards $6.5 Million, Including $ 5 Million In Punitives, To Construction Worker Who Suffered Partial Foot Amputation Following Worksite Injury

On May 29, 2012, Rolando Cumpian was working for Leal Welding & Erection, Inc. in San Antonio, TX. At that time, Leal was operating as the subcontractor for Joeris General Contractors, Ltd., which was acting as the general contractor for a construction project at Dr. Folks Middle School. While on...

Florida Jury Awards $776,000 To Widow Of Smoker Who Died Of COPD (Watch The Closing Argument Videos)

MIAMI — (Mealey’s) A Florida state court jury awarded $776,000 June 18 to the widow of a man who died of chronic obstructive pulmonary disease (COPD) after more than 50 years of smoking ( Joyce Hardin, et al. v. R.J. Reynolds Tobacco Co., et al. , No. 07-46973-CA-22, Fla. 11th Jud. Cir.,...

Florida Jury Hears Openings In Trial Of Suit Filed By Widower Of Longtime Smoker (Watch The Opening Argument Video Excerpts)

FORT LAUDERDALE, Fla. — (Mealey’s) Trial got under way in Florida state court on June 23 with opening statements in a suit alleging that a woman’s death from lung cancer and other smoking-related diseases was caused by her addiction to cigarettes ( John McCoy, et al. v. R.J. Reynolds...

Florida Jury Hears Openings In Suit By Family Of Smoker Who Died Of Lung Cancer (Watch The Opening Statements Video Excerpts)

FORT LAUDERDALE, Fla. — (Mealey’s) Trial got under way with opening statements on July 22 in a suit alleging that a woman’s death from lung cancer was caused by her 52 years of smoking cigarettes manufactured by R.J. Reynolds Tobacco Co. ( Lillian Kaplan v. R.J. Reynolds Tobacco Co...