HO&P BLOG

Ninth Circuit reverses order compelling arbitration, reinstates proposed TCPA class action against Sirius XM

When Erik Knutson purchased a Toyota Tacoma truck in November 2011, it came with a 90–day trial subscription to Sirius XM satellite radio. Knutson’s Sirius XM account was activated for the trial period on November 7, 2011. Then, on November 29, 2011, Sirius XM mailed a “Welcome Kit” to Knutson that arrived in the mail on or about December 12, 2011, over a month after Knutson’s satellite receiver was activated. Read the full article…

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GEICO policyholder awarded $897,000 in damages for injuries caused by underinsured motorist

A 28-year-old South Carolina man, James Smith, sustained a back and shoulder injury in a 2012 crash on I-26. The accident was caused by Joseph Giordano rear-ending a vehicle behind Smith’s and pushing that vehicle into Smith’s, according to the lawsuit Smith filed. Smith’s injuries from the crash caused Smith to abandon his planned career in the military and instead obtain a medical discharge from the U.S. Army, according his suit. Read the full article…

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Transvaginal mesh lawsuit verdicts: $18.5 million against Boston Scientific, $3.6 million against Bard

A federal court jury in West Virginia has ordered Boston Scientific Corp. to pay $18.5 million to four women after finding their injuries were caused by the Obtryx transvaginal surgical mesh implant. Jurors found Boston Scientific sold defective pelvic mesh devices and failed to adequately warn the women and their doctors about the risks associated with the Obtryx mesh implant. Read the full article…

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Faulty Takata airbags in Honda recall used chemical linked to Texas fertilizer plant explosion

Takata—the Japanese auto parts supplier whose defective airbags have led to the recall of 14 million vehicles made by Honda and other companies—used the same explosive chemical in its airbags that caused a 2013 fertilizer plant explosion in West, Texas, the New York Times has reported. At least six deaths and 30 cases of serious injuries have been linked to car accidents involving Takata airbags. Read the full article…

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Court rules that California propoxyphene lawsuits should be heard in federal court

Propoxyphene is a powerful prescription painkiller that was used in the United States to treat mild to moderate pain until November 2010, when drugs containing propoxyphene were taken off the market because of safety concerns. Propoxyphene was withdrawn from the market because it has been linked to a potentially deadly heart-rhythm abnormality even when taken at recommended doses, according to the FDA. Read the full article…

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Wrongful death malpractice lawsuit filed against doctor following patient’s fentanyl overdose death

Thomas O’Brien, 55, became a patient of Steve Rogoff, M.D. in early 2011, complaining of chronic back pain from a previously diagnosed lumbar disk problem, according to a lawsuit recently filed in Hawaii. The suit alleges the Kauai physician prescribed Schedule II narcotics to O’Brien to the point of intoxication and overdose. The wrongful death lawsuit for medical malpractice over O’Brien’s fentanyl overdose death has been brought against Dr. Rogoff and Hale Lea Medicine. Read the full article…

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New Jersey man struck by 18-wheelers reaches $3.8 million settlement lawsuit against trucking companies

Early one morning in the summer of 2010, Kyle Kelly was driving home from work on Interstate 380 near Coolbaugh Township, New Jersey. An 18-wheeler travelling on the opposite side of the divided highway veered across the grass median and struck Kelly’s SUV head-on. Kelley and his disabled vehicle were then struck by a second 18-wheeler. Kelly was seriously injured. Read the full article…

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Laundry Detergent Pods Pose Poisoning Risk for Young Children

Thousands of young children and infants in the U.S. are poisoned each year after accidentally ingesting laundry detergent pods. Experts say that the brightly colored pods are more dangerous than other types of laundry detergent because they can be mistaken for candy by children, making them think it is okay to put the packets in their mouth. Read the full article…

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