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Articles Posted in Product Defect Litigation

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U.S. Court of Appeals Affirms Transvaginal Mesh Medical Device Defect Verdict Totaling $20 Million, Including Punitive Damages

Barbara Kaiser had surgery to implant the Prolift Anterior Pelvic Floor Repair System, a transvaginal mesh medical device that supports the pelvic muscles. Within a few years of her surgery, she began to experience severe pelvic pain, bladder spasms, and pain during intercourse. Her doctor attributed these conditions to contractions…

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U.S. Court of Appeals Reverses Dismissal of Zimmer Hip Device Injury Case Based on When Plaintiff Knew of Defect

Marilyn Adams had a long history of hip pain. In September 2010, she was diagnosed with advanced degenerative arthritis. Her orthopedic surgeon recommended a total hip replacement. She was told that the Zimmer hip device implanted in January 2011 could be expected to last 15-20 years. However, in late 2012,…

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U.S. Court of Appeals Affirms Grant of Summary Judgment in Product Liability Lawsuit Related to Experts and as to Recalled Motorcycle Helmets

The 7th Circuit United States Court of Appeals in Chicago affirmed a verdict by the U.S. District Court as to the injuries suffered by Donald and Mary Timm in July 2013.  During that time period, the Timms set off on a cross-country motorcycle trip on their Harley-Davidson motorcycle. The Timms’…

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$1.3 Million Settlement for Worker’s Injury Caused by Inadequate Guard on Mold Press Machine

John Smokes worked for a temporary employment agency, Adecco Staffing and was assigned to work at Dentsply Prosthetics. While at work at Dentsply, Smokes was trained on the operation of a rotary mold press machine. Two weeks after starting his training, while placing a mold into the load area of…

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$4.7 Billion Talcum Powder Verdict Upheld Despite Johnson & Johnson’s Motions; New Trial Denied

St. Louis City Circuit Court judge refused to grant Johnson & Johnson’s motions following the July 13, 2018 jury verdict of $4.7 billion against Johnson & Johnson for injuries suffered by 22 women. This verdict was the largest by far against Johnson & Johnson in cases against it brought by…

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Illinois Appellate Court Rules That a Party’s Failure to Seek a Contribution Action in the Underlying Lawsuit Would Be Barred from Later Filing

The First District Appellate Court affirmed a decision of a Cook County trial court. In 1999, Snake River Technology d/b/a Rocky Mountain Cryobanks, a Wyoming company, was purchased by the New England Cryogenics Center, a Massachusetts corporation that collects, stores and sells human sperm. The purchase included the sperm donor…

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U.S. Court of Appeals Affirms Dismissal of Pharmaceutical Defect Lawsuit as Plaintiff’s Expert Witness is Excluded

The United States Court of Appeals for the Seventh Circuit in Chicago has affirmed the grant of defendant’s motion for summary judgment in the plaintiff’s lawsuit that alleged that the product Testim, which was manufactured by Auxilium Pharmaceuticals as a topical gel containing testosterone, caused the plaintiff, Isaac Owens, to…

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U.S. Court of Appeals Affirms Dismissal of Knee Replacement Product Defect Case

Theodore Joas underwent a total knee replacement at a Wisconsin hospital receiving a Zimmer NexGen Flex knee implant.  Within a few years, he began experiencing pain in his new knee.  X-rays confirmed that the implant had loosened and required a surgical repair. He brought a series of claims against Zimmer…

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$35 Million Jury Verdict for Woman Injured by Vaginal Mesh Implant

An Indiana federal jury returned a $35 million verdict in favor of Barbara Kaiser who alleged she was injured by a vaginal mesh implant. The jury’s verdict found that defendants Johnson & Johnson and Ethicon Inc. were negligent in the design of the trans-vaginal mesh and then chose not to…

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Lawsuits Continue to be Filed for Catastrophic Injuries or Death Caused by X-LITE Guardrails

There have been multiple reports of deaths and/or agonizing, horrible injuries caused when motorists strike highway or road guardrails designed and manufactured by Lindsay Corp., the maker and designer of X-LITE guardrails. The recent lawsuits filed in South Carolina and Tennessee allege that Lindsay Corp. was negligent in design of…

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