HO&P BLOG

Pennsylvania couple awarded $5.9 million over paralysis from defective Mercury Sable airbag system

Four years ago, John Cancelleri was driving down Route 307 in Spring Brook Township, Pennsylvania. An oncoming car suddenly turned in front and collided with Cancelleri. The airbag in Cancelleri’s 2005 Mercury Sable failed to deploy. Mr. Cancelleri suffered a disc herniation and lower-extremity paralysis as a result of the auto accident. Read the full article…

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Travelers ordered to pay $8.5 million in insurance coverage dispute over well blowout cleanup costs

Travelers insurance has been ordered to pay $8.5 million in a policy overage dispute with Eagle Oil. The dispute arose from a September 2011 well blowout at an Eagle Oil facility in Reeves County, Texas. Eagle Oil had a well drilling insurance policy with Travelers that provided protection against oil well blowouts and reimbursement for expenses incurred in bringing the well under control. Read the full article…

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Cardiologists file whistleblower lawsuit against Texas hospital over illegal patient referral program

Drs. Dakshesh Parikh, Harish Chandna, and Ajay Gaalla are cardiologists who formerly practiced at Citizens Medical Center, a county-owned hospital in Victoria, Texas. They have filed a whistleblower lawsuit under the False Claims Act against Citizens, the hospital’s administrator, David Brown, and a cardiologist employed by the hospital, Dr. William Campbell, Jr. The lawsuit alleges numerous False Claims Act violations concerning improper incentives for patient referrals. Read the full article…

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FDA warns consumers about fake Ebola virus drugs

The U.S. Food and Drug Administration is advising consumers to be aware of products claiming to prevent or treat the Ebola virus. According to the FDA, it has received consumer complaints about a variety of products claiming to either prevent the Ebola virus or treat the infection. In reality, there are currently no FDA-approved vaccines or drugs to prevent or treat Ebola. Read the full article…

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Louisiana residents receive $48 million in class action settlement after they were forced to evacuate homes due to salt dome mine sinkhole

Bayou Corne, Louisiana sits atop the Napoleon Salt Dome, which covers a one by three mile area and has 53 caverns. Salt domes are large, ancient formations of salt in the ground. Salt domes are used for the commercial mining of petroleum, salt and sulphur. According to the National Oceanic and Atmospheric Administration, such domes are mostly found along the northern coast of the Gulf of Mexico. Louisiana has more than 100 identified salt domes. Read the full article…

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Delaware doctor who failed to disclose risks of FDA unapproved surgery hit with $4.4 million malpractice verdict

John Houghton fell from a ladder and suffered multiple rib fractures. He was admitted to Christiana Hospital in Newark, Delaware. Despite receiving oral pain medication, Houghton continued to experience severe chest pain. He was referred to Dr. Nadiv Shapira, a thoracic surgeon affiliated with Christiana Hospital. Shapira determined that Houston was a candidate for a procedure intended to treat pain caused by rib fractures known as an “On–Q procedure.” Read the full article…

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Johnson & Johnson recalls hysterectomy device linked to risk of spreading uterine cancer

Johnson & Johnson has announced that it is recalling a surgical device used to perform hysterectomies due to concerns the product may raise the risk of spreading uterine cancer. The devices—known as laparoscopic power morcellators—are used to perform hysterectomy surgery and treat uterine growths called fibroids, either by removing the growths themselves or the entire uterus. Read the full article…

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Court rules common damages not required for class certification, reinstates consumer product class action

Federal courts throughout the country have treated the decision in Wal–Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011) as narrowing the circumstances that are appropriate for class action litigation. In Dukes, the Supreme Court emphasized that plaintiffs seeking certification of a class must establish that “there are questions of law or fact common to the class.” The court explained that a “common contention, moreover, must be of such a nature that it is capable of classwide resolution—which means that determination of its truth or falsity will resolve an issue that is central to the validity of each one of the claims in one stroke.” Id., at 2551. Read the full article…

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