HO&P Legal Blog

Cyberonics has recalled its AspireSR Model 106 Generators six times

The Food and Drug Administration approved Cyberonics’ AspireSR Model 106 Generators in 1997 for the treatment of patients with epileptic seizures. In 2005, the FDA also approved the Model 106 Generators for patients with depression that cannot be treated with medication. Read the full article…


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Eric Pearson

by Eric Pearson

Cyberonics recalls VNS Therapy System generators used to treat seizures and depression due to risk of device failure

The Texas medical device manufacturer Cyberonics has recalled its Model 106 AspireSR VNS Therapy generators over concerns about a risk of device failure. According to a warning letter issued by the company, software problems on the Cyberonics Model 106 generators may cause them to stop working, putting patients at risk of complications. Read the full article…


Roundup cancer victim awarded $189 million in California lawsuit against Monsanto

A jury in California has awarded $189 million in damages to a former school groundskeeper who alleged that he developed a fatal cancer after years of exposure to Monsanto’s weedkiller, Roundup. The lawsuit was the first of thousands of lawsuits filed against Monsanto over the link between Roundup and an increased risk of a form of cancer known as non-Hodgkin’s lymphoma. Read the full article…


Jim Orr

by Jim Orr

Who is eligible to file a qui tam whistleblower lawsuit?

Qui tam lawsuits – also known as whistleblower lawsuits – involve allegations of fraud against federal or state government agencies. Federal whistleblower lawsuits are filed under a federal law known as the False Claims Act, while state-level actions are filed under similar laws in the state where the fraud is alleged to have occurred. Read the full article…


Colgate-Palmolive agrees to settle lawsuit over talcum powder and mesothelioma cancer on the eve of trial

Colgate-Palmolive has agreed to settle a lawsuit linking the company’s talcum powder products to an increased risk of mesothelioma cancer. The lawsuit, filed by a man who was diagnosed with mesothelioma after using baby powder products sold by Colgate-Palmolive, alleged that Cashmere Bouquet, Mennen Baby Powder, and other talc products sold by the company were contaminated with asbestos. Read the full article…


Roundup cancer lawsuits against Monsanto and Bayer can go to trial, California judge rules

A California federal judge has ruled that hundreds of lawsuits against Monsanto alleging that the company’s weed killer Roundup causes cancer can proceed to trial. U.S. District Judge Vince Chhabria in San Francisco ruled that there was enough evidence linking Roundup with an increased cancer risk to allow hundreds of lawsuits filed by cancer survivors or families of those who died of cancer after being exposed to glyphosate weed killers to move forward. Read the full article…


J&J ordered to pay $4.69 billion in damages in lawsuit filed by 22 women diagnosed with ovarian cancer after using talcum powder products

Johnson & Johnson has been hit with a massive $4.69 billion verdict in a lawsuit filed over allegations that its talcum powder products cause ovarian cancer. The lawsuits – filed on behalf of 22 women who were diagnosed with ovarian cancer after using baby powder products sold by Johnson & Johnson – alleged that asbestos in the company’s talc brands caused ovarian cancer in women who used the products for feminine hygiene. Read the full article…


Jury sides with Buc-ee’s in intellectual property lawsuit against rival convenience store chain

A Houston jury has sided with the popular Texas convenience store chain Buc-ee’s in a copyright infringement lawsuit filed in federal court against a rival company. The lawsuit alleged that the cartoon alligator logo of a San Antonio and South Texas based convenience store chain called Choke Canyon was too similar to the famous Buc-ee’s cartoon beaver logo. Read the full article…


Opioid lawsuits filed by Texas counties consolidated in statewide MDL

The Texas Judicial Panel on Multidistrict Litigation has announced that it will consolidate 16 opioid lawsuits filed by county governments across Texas in a statewide multidistrict litigation (MDL). These lawsuits – filed against opioid painkiller manufacturers like Purdue Pharma and distributors such as McKesson Corp. – accuse companies involved in the sale and distribution of opioid painkillers with making false and misleading claims about these drugs. Read the full article…


Texas residents file class action lawsuit over flood damage caused by poor drainage along Union Pacific railroad tracks

Residents of a Texas town whose property was destroyed by heavy flooding in 2016 have filed a lawsuit in federal court against the railroad company who they allege was responsible for the damage. The lawsuit – filed by residents of Palestine, Texas against the Union Pacific Railroad – alleges that faulty drainage along the railroad’s tracks caused flooding that led to millions of dollars in damages to their homes and property. Read the full article…