By admin on April 30, 2013 -
As a consumer, there is usually no question as to whether the product being purchased is safe. Many products are, in fact, safe, but this should not discount the dangers posed by defective products. In this three-part blog series, our legal team will discuss issues surrounding general product safety, medication and medical device defects, and the key components in automobile safety.
A product may be considered defective for a number of reasons, including design and manufacturing flaws and failure to warn of potential hazards. If the current design of a particular product makes it dangerous to use as intended, it is considered defective. Additionally, if a product malfunctions due to a manufacturing error or poses safety hazards that could have been avoided with appropriate warning or instruction, it is also considered defective.
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By admin on March 18, 2013 -
Senator Tom Harkin and Representative Henry A. Waxman have filed a brief of amici curiae in support of Karen L. Bartlett over the Supreme Court of the United State’s decision in the case of Mutual Pharmaceutical Company, Inc. v. Karen L. Bartlett. The brief concerns pharmaceutical regulation and federal preemption under the Food, Drug, and Cosmetic Act (FDCA) and the Hatch-Waxman Amendments, of which Representative Waxman was co-sponsor during its creation in 1984. Under preemption, federal law overrides state law. In regard to issues of defective drugs or product liability, preemption would mean that plaintiffs can’t file claims in state court if a federal agency such as the U.S. Food and Drug Administration (FDA) has already approved the product in question.
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By admin on March 13, 2013 -
In addition to proposed Los Angeles County trial location changes, pending budget cuts will, if approved, range from $56 to 85 million dollars, and negatively impact multiple other aspects of the legal system. The law firm of Robinson Calcagnie Robinson Shapiro Davis, Inc. is against the cuts due to the limitations they will impose on justice and fairness in both civil and criminal courts if passed.
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By admin on March 12, 2013 -
On Friday, March 8, 2013, a Los Angeles County jury awarded $8.3 million to the plaintiff in a lawsuit alleging personal injuries resulting from defects in DePuy hip implants. The case was brought against Johnson & Johnsonâs DePuy Orthopaedics unit by a 65-year-old former prison guard who alleged that he had suffered from a wide range of health problems caused by a defectively designed DePuy ASR XL hip implant he received in 2007.
Of the approximately 11,000 similar lawsuits filed against Johnson & Johnson since the metal-on-metal hip replacement systems were recalled two years ago, this was the first such case to go to trial. Many of the plaintiffs claim that the failure of their hip implants has resulted in crippling injuries or replacement surgeries, and that Johnson & Johnson knew of problems with the implants in 2008.
Despite the outcome of the trial, DePuy plans to appeal the decision, and maintains that the ASR XL hip replacement system was properly designed and that the companyâs actions were responsible and appropriate.
By admin on March 11, 2013 -
United States Senator Mary L. Landrieu has drawn attention to and taken a stand for consumer protection in regards to the safety of generic drugs through proper labeling and labeling changes for making side effect risks known. The American Association for Justice (AAJ) worked with Sen. Landrieu’s office to complete the letter, which was given to Dr. Margaret Hamburg, the Commissioner of the U.S. Food and Drug Administration (FDA), on February 15, 2013. As consumer advocates, the mass tort lawyers at Robinson Calcagnie Robinson Shapiro Davis, Inc., are pleased with and support Sen. Landrieu’s efforts.
One of the main points of the letter highlights that as the regulatory framework exists now per the recent decision by the United States Supreme Court in Pliva, Inc. v. Mensing, consumers are not being offered appropriate protection. The letter urges the FDA to call for new regulations that will concentrate on the problematic aspects of the Mensing decision. Overall, Sen. Landrieu is asking the FDA to allow for generic drug manufacturers to initiate alterations to a drugâs approved labeling through the Changes Being Affected process and Prior Approval Supplement process.
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By admin on March 6, 2013 -
Proposed cuts to the California state budget by Governor Jerry Brown, if approved, will be taking a toll on courts throughout the state, with Los Angeles feeling major effects. While there was previously a total of $105 million in reduction, another $56 to 85 million in cuts are expected to be made. Recently, Consumer Attorneys Association of Los Angeles (CAALA) held a New Court Procedures Seminar with supervising Judge Hon. Dan Buckley, providing vital information on alterations to the justice system in southern California. At Robinson Calcagnie Robinson Shapiro Davis, Inc., we are against these cuts, which, if passed, will significantly impact a wide range of court cases, and therefore, the lives of those involved.
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By admin on February 20, 2013 -
For years, the pharmaceutical industry has targeted physicians and teaching hospitals to help them market their products. Drug companies provide free samples of their product for physician’s to use and offer lucrative opportunities for those who promote their drug, including gifts, dining and entertainment, lecturing opportunities in resort destinations and other forms of payment. This relationship helps the pharmaceutical company and the physician but not necessarily the patient. A physician who is being paid to promote a product may not be objective when determining the most effective medication for a patient.
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By Kevin Calcagnie on February 11, 2013 -
Nalwa v. Cedar Fair, L.P., (Supreme Court of California, December 31, 2012) — P.3d—, 2012 WL 6734705
A woman who was injured on a bumper car ride at an amusement park filed suit against the park owner for negligence. The plaintiff alleged that toward the end of the ride her bumper car was bumped from the front and then from behind, and that while bracing herself by putting her hand on the car’s dashboard, her wrist was fractured. The plaintiff also alleged that the defendant owed her a duty to take reasonable measures to eliminate or minimize head-on bumping, which she characterized as beyond the inherent risks of a bumper car ride.
The trial court granted the defendant’s motion for summary judgment, concluding that the doctrine of primary assumption of the risk barred recovery because the injury arose from being bumped, a risk inherent in the activity of riding bumper cars. The Court of Appeal reversed in a divided decision, holding that the public policy of promoting safety at amusement parks precludes application of the primary assumption of risk doctrine, and that the defendant could have reduced the ride’s risks by configuring it to minimize head-on collisions. However, the California Supreme Court reversed the court of appeal, holding that bumper cars are subject to the doctrine of primary assumption of the risk, and that the defendant was not a common carrier with respect to the bumper car ride: Read the rest »
By admin on February 7, 2013 -
Over 4,000 lawsuits involving Fosamax®, an osteoporosis drug manufactured by Merck & Co., Inc., are pending in federal and state courts. On February 5, 2013, in Scheinberg v. Merck & Co, Inc., Merck encountered its second loss out of seven cases in which the company will pay $285,000 to the plaintiff, Rhoda Scheinberg.
The 69-year-old plaintiff argued that Fosamax lead to her suffering prolonged healing and a bone disease of the jaw after a tooth extraction. An eight-person jury in U.S. District Court in Manhattan determined that Merck failed to warn the plaintiff’s doctors about the risks of taking Fosamax and that this failure to warn caused the plaintiff’s injury. However, the plaintiff’s claim that Fosamax is a defective product was denied by the jury.
Merck noted in a statement that it does not agree with the verdict and stated that the jury produced a mixed verdict.
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By admin on January 21, 2013 -
Undergoing hip replacement surgery is demanding of the body and requires weeks, months, or up to years, of recovery and rehabilitation, but the final result of improved mobility and well-being usually makes the process worth it. Unfortunately, according to The New York Times, about 500,000 patients who received metal-on-metal hip replacements have reported hip implant failure. In many of these cases, a patient will need corrective surgery, but this is typically after already having to endure physical pain, emotional grief, and other risks, such as the release of metal particles into the body and bloodstream.
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