Author Archives: Jay Butchko
3M Continues to Face Lawsuits Over Defective Military Earplugs
It is bad enough when consumers are injured by a defective consumer product. But it is exponentially worse when members of our armed forces–the very people we entrust to protect our life and liberty–suffer serious, long-term health problems as the result of a negligently designed or manufactured product. One such example of this is… Read More »
Louisiana Judge Clears Defective Hernia Mesh Lawsuit to Proceed
Surgical mesh is commonly used in hernia repair surgeries to reduce the chances of future complications for the patient. But in many cases, defective hernia mesh has actually caused complications. Throughout the country, thousands of lawsuits are now pending against the manufacturers of various hernia mesh products over these defects. Parietex Mesh Allegedly “Weak”… Read More »
Judge Declines to Throw Out $1.2 Million Pradaxa Verdict
Doctors often prescribe blood thinners, such as Pradaxa, to help prevent the formation of potentially deadly blood clots. Unfortunately, in recent years there have been an alarming number of reported side effects caused by Pradaxa, including uncontrolled bleeding, hemorrhages, and strokes. Many patients and their families have sued Pradaxa’s manufacturer, Boehringer Ingelheim Pharmaceuticals, Inc.,… Read More »
TN Hospital Accused of “Coercing” Expert Witness in Medical Malpractice Case
In some personal injury cases, notably those involving product liability or medical malpractice, expert testimony is often necessary to establish the defendant’s negligence. Indeed, in any health care liability case, Tennessee law requires the testimony of at least one qualified expert who can explain how the defendant deviated from the accepted “standard of care”… Read More »
ALN Faces IVC Filter Lawsuit Over “Failure to Warn” Patient
Every medical device manufacturer has a legal duty to warn doctors and patients of any known (or knowable) risk when using their products. Indeed, a failure to warn can put the patient’s life at risk–and lead to litigation. For example, thousands of lawsuits are currently pending throughout the country against the manufacturers of IVC… Read More »
How Store Surveillance Footage Can Defeat Your Personal Injury Claim
When it comes to personal injury cases, a picture can be worth a thousand words. That is to say, visual evidence is typically more persuasive than oral argument. This can prove to be a double-edged sword for injury victims who allege an accident occurred one way–yet video evidence produced by the defense suggests a… Read More »
Federal Court Revives Lawsuit Against Amazon Over Defective Hoverboards
Self-balancing scooters–sometimes referred to as “hoverboards”–have led to a number of consumer injuries in recent years, primarily due to overheating in the devices’ lithium-ion batteries. According to the U.S. Consumer Product Safety Commission, there have been at least “250 hoverboard incidents related to fires or overheating since 2015,” including at least one fatality and… Read More »
Tennessee AG May Ask Supreme Court to Reinstate Cap on Punitive Damages
Last December, a federal appeals court delivered an important ruling for personal injury victims and their families when it declared unconstitutional a Tennessee law limiting jury awards of punitive damages. According to the Knoxville News-Sentinel, Tennessee Attorney General Herbert L. Slatery III is in the process of deciding whether to ask the U.S. Supreme… Read More »
Report: Johnson & Johnson Will Pay $1 Billion to Settle Pinnacle Hip Replacement Claims
In 2010, Johnson & Johnson’s DePuy subsidiary was forced to recall its metal-on-metal Pinnacle hip replacement implants as evidence mounted the devices were defective. Once touted by Johnson & Johnson as the “Rolls Royce” of hip implants, in reality the Pinnacle implants yielded thousands of patient complaints of swelling, loosening, misalignment, bone fractures, and… Read More »
Can You Seek Damages for Your Own “Loss of Household Services” in a Personal Injury Case?
There are many different types of damages a plaintiff may seek in a personal injury lawsuit. Some of the more common categories include economic losses like medical bills and non-economic damages such as “pain and suffering” and “loss of enjoyment of life.” But what about “loss of household services.” By this, we mean the… Read More »