LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Orthopedic Surgeon's Opinions On Spine Injury Reliable, Magistrate Says

SAN ANTONIO - A doctor's expert opinion on whether a spinal injury was caused by an car crash "is sufficiently reliable for admissibility purposes," a Texas magistrate judge ruled Nov. 9 (Benjamin Koenig v. Anthony Beekmans, No. 5:15-cv-00822, W.D. Texas, 2017 U.S. Dist. LEXIS 185797).

Mealey's PI/Product Liability - Wyo. Supreme Court Orders Partial Summary Judgment In Medical Malpractice Suit

CHEYENNE, Wyo. - The Wyoming Supreme Court on Nov. 9 ordered that a medical malpractice suit be remanded to a trial court and that partial summary judgment be ordered in favor of a hospital after finding that the hospital did not waive its immunity by purchasing insurance because the insurance did not...

Mealey's PI/Product Liability - Texas Appeals Panel Reinstates Sexual Assault Lawsuit

FORT WORTH, Texas - A majority of a Texas appellate panel on Nov. 9 reversed a trial court's decision to dismiss a sexual assault civil action against a doctor after finding that a woman who claims that she was sexually assaulted while taking her children in for treatment did not need to file an...

Mealey's PI/Product Liability - Opinions That Accident Led To Death By Painkillers Allowed By Federal Judge

PHILADELPHIA - Three of four doctors offering expert opinions in a wrongful death action can testify that an accident on a U.S. military base caused a man's injuries and subsequent death from taking too many pain medications for the injuries, a Pennsylvania federal judge held Nov. 8, finding the...

Mealey's PI/Product Liability - Florida High Court Deems Malpractice Suit Interview Provision Unconstitutional

TALLAHASSEE, Fla. - State law amendments in 2013 providing for secret ex parte interviews of a medical malpractice claimant's physicians violate the Florida Constitution's guarantees of privacy and court access, a Florida Supreme Court majority ruled Nov. 9, finding that including the interviews...

Mealey's PI/Product Liability - Colorado Supreme Court Affirms Vacated Verdict In Product Liability Suit

DENVER - The Colorado Supreme Court on Nov. 13 unanimously held that a trial court erred when it gave the jury in a product liability suit against Ford Motor Co. an instruction allowing the jurors to use the consumer expectation test to determine if a driver's car seat was unreasonably dangerous...

Mealey's PI/Product Liability - Jury Deliberating In 4th DePuy Pinnacle Hip MDL Trial With 6 Plaintiffs

DALLAS - A Texas federal jury on Nov. 13 began deliberating in a multiplaintiff DePuy Pinnacle hip trial after nine weeks of testimony (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 11-md-02244, Ramon Alicea, et al. v. DePuy Orthopaedics., Inc., et...

Mealey's PI/Product Liability - Risperdal Gynecomastia Defense Verdict Reversed On Appeal For 'Expert' Testimony

PHILADELPHIA - A Pennsylvania state appeals court panel on Nov. 13 reversed a Risperdal gynecomastia defense verdict, finding that the trial court erred in not treating physician assistant's testimony as that of a causation expert (W.C. v. Janssen Pharmaceuticals, Inc., et al., No. 2451 EDA 2015...

Mealey's PI/Product Liability - Pennsylvania Appeals Court: 2 Risperdal Gynecomastia Cases Time-Barred

PHILADELPHIA - A Pennsylvania appeals panel on Nov. 13 affirmed defense summary judgment in two Risperdal gynecomastia cases, ruling that the plaintiffs reasonably should have known that their alleged injuries were caused by the drug before they filed suit a minimum of six years too late (Jonathan Saksek...

Mealey's PI/Product Liability - Magistrate: Insufficient Evidence Of Exposure To Original Products In Asbestos Case

SCOTTSDALE, Ariz. - To hold two companies liable for supplying valves to the U.S. Navy, a plaintiff must also submit evidence that the asbestos-containing gaskets and packing were original or that the companies supplied replacement parts, a federal magistrate judge in Arizona said in a Nov. 9 report...

Mealey's PI/Product Liability - MDL Judge Will Allow Limited Discovery Into C-Qur Patch Swedish Parent Company

CONCORD, N.H. - The New Hampshire federal judge overseeing the C-Qur mesh multidistrict litigation on Nov. 14 denied without prejudice a motion by the defendants' Swedish parent company to be dismissed for lack of personal jurisdiction and instead allowed plaintiffs to conduct limited discovery on...

Mealey's PI/Product Liability - 1st Circuit Affirms Summary Judgment In Car Crash Suit

BOSTON - The First Circuit U.S. Court of Appeals on Nov. 13 affirmed a decision by a district court to grant summary judgment to the defendants in a car crash suit after finding that a magistrate judge did not err by striking expert reports from a plaintiff's opposition to summary judgment (Nana...

Mealey's PI/Product Liability - Arkansas Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit

LITTLE ROCK, Ark. - A panel of the Third Division of the Arkansas Court of Appeals on Nov. 15 affirmed a defense verdict in a medical malpractice suit after finding that the trial court did not err by giving the jury an instruction stating that the jury may only consider the expert testimony of nurses...

Mealey's PI/Product Liability - Public Citizen Petitions FDA To Remove Benicar Blood Pressure Drug From Market

WASHINGTON, D.C. - Advocacy group Public Citizen on Nov. 15 petitioned the Food and Drug Administration to immediately require the removal of Benicar from the market because it says the blood pressure drug "has unique serious risks but no unique benefit."

Mealey's PI/Product Liability - Federal Judge Compels Discovery From Plaintiffs In Asbestos-Drilling Mud Case

BATON ROUGE, La. - Plaintiffs alleging asbestos exposure in drilling mud must respond to written discovery seeking information regarding injuries, exposure and work history and seeking the release of related medical records and work histories, a federal judge in Louisiana said Nov. 14 (Manuel Garza v...

Mealey's PI/Product Liability - Woman Wants Delaware Household Asbestos Case Against Manufacturers Revived

WILMINGTON, Del. - Two companies supplied tons of asbestos-containing paper to a manufacturer without any type of warning, despite clear evidence of the fiber's dangers to workers and household members, a women tells Delaware's top court in urging it to reinstate her second-hand exposure case...

Mealey's PI/Product Liability - Montana High Court Finds Bankruptcy Stay Tolled Asbestos Suits Against Railway

HELENA, Mont. - W.R. Grace's bankruptcy order enjoining new litigation tolled the Federal Employer's Liability Act (FELA) three-year statute of limitations for suing an associated railroad that allegedly exposed a worker to asbestos-contaminated vermiculite, the Montana Supreme Court held Nov...

Mealey's PI/Product Liability - Boiler, Furnace Companies, Supply Houses Secure Verdict In Pa. Asbestos Trial

SCRANTON, Pa. - A Pennsylvania jury on Nov. 15 returned a defense verdict for a handful of boiler and furnace manufacturers and parts supply houses, finding that the asbestos-containing products in question were not unreasonably dangerous and that none of the five defendants acted negligently (Diane...

Mealey's PI/Product Liability - Jury Finds For Defense In 1st Testim Bellwether Trial In Testosterone MDL

CHICAGO - Jurors in the first testosterone replacement therapy multidistrict bellwether trial involving Testim on Nov. 16 found in favor of defendant Auxilium Pharmaceuticals LLC (In Re: Testosterone Replacement Therapy Litigation, MDL Docket No. 2545, Steve Holtsclaw v. Auxilium Pharmaceuticals LLC...

Mealey's PI/Product Liability - 6 Plaintiffs Awarded $247M In 4th DePuy Pinnacle Hip MDL Bellwether Trial

DALLAS - A Texas federal jury on Nov. 16 awarded six plaintiffs $247.49 million in the fourth multidistrict litigation bellwether trial involving the DePuy Orthopaedics Inc. Pinnacle hip (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 11-md-02244,...

Mealey's PI/Product Liability - Louisiana Appeals Panel Affirms $500,000 Verdict In Medical Malpractice Suit

SHREVEPORT, La. - A Louisiana appeals panel on Nov. 15 affirmed a $500,000 verdict in a medical malpractice suit after finding that the trial court did not err by excluding the credibility evidence of the expert of a woman who claimed that a doctor breached the standard of care that caused her husband's...

Mealey's PI/Product Liability - Texas Appeals Panel Affirms Defense Verdict In Medical Malpractice Suit

BEAUMONT, Texas - A panel of the Ninth District Texas Court of Appeals on Nov. 16 affirmed a verdict in favor of a hospital where a man was given an injection and developed severe pain in his leg following the injection after finding that the verdict was not against the weight of the evidence (Lonnie...

Mealey's Toxic Tort/Environmental - County Tells Texas Court Deceased Judge's Asbestos Case Barred By Workers' Comp

HOUSTON - A resolution extending benefits to optional employees is valid and places an asbestos case brought on behalf of a former judge under the exclusivity provision of the workers' compensation system, a government entity told a Texas appeals court on Nov. 15 (Jefferson County, Texas v. Ellarene...

Mealey's PI/Product Liability - Los Angeles Jury Returns Asbestos Verdict For J&J, Talc Miner

LOS ANGELES - A California jury on Nov. 16 returned a verdict in favor of Johnson & Johnson in the first ever cosmetic-talc asbestos case taken to trial against the company, while also handing a defense verdict to the company that mined the raw talc, sources told Mealey Publications (Tina Herford...

Mealey's PI/Product Liability - County Tells Texas Court Deceased Judge's Asbestos Case Barred By Workers' Comp

HOUSTON - A resolution extending benefits to optional employees is valid and places an asbestos case brought on behalf of a former judge under the exclusivity provision of the workers' compensation system, a government entity told a Texas appeals court on Nov. 15 (Jefferson County, Texas v. Ellarene...