Today's Date: Add To Favorites
Medical Device Ruling Redraws Lines on Lawsuits
Breaking Legal News | 2008/02/22 04:56

The Supreme Court’s decision Wednesday protecting many types of medical device makers from personal injury lawsuits began rippling through the courts and law offices almost immediately.

Hours after the decision in the case, Riegel v. Medtronic, was announced, lawyers involved in a group of Florida state court cases related to Johnson & Johnson’s drug-coated Cypher heart stent received an e-mail message from Judge Mary Barzee Flores asking for briefs on whether the lawsuits should be allowed to continue.

And lawyers for patients with injuries they attribute to other devices like heart valves, artificial hips and defibrillators said they were girding for a flood of court filings from device makers like Medtronic asking judges to dismiss such lawsuits.

“Medtronic probably already has summary judgment motions ready to go, and I expect to see them filed in the next few days,” said Hunter J. Shkolnik, a New York lawyer.

“The next six months will be consumed fighting about such motions,” Mr. Shkolnik predicted.

He represents more than 600 plaintiffs with lawsuits in state court in Minneapolis stemming from potentially faulty electrical leads Medtronic made for heart defibrillators.

Lasr fall, Medtronic recalled the product, known as the Sprint Fidelis, after reports that the leads — wires that connected the device to the heart — were more prone to developing potentially deadly fractures than an older lead called the Quattro.

In addition to the Sprint Fidelis and the heart stent cases — some in Massachusetts have named Boston Scientific rather than Johnson & Johnson as the defendant — lawyers said Wednesday’s Supreme Court ruling could also affect the course of personal injury lawsuits filed against St. Jude Medical over a silver-coated heart valve recalled in 2000.

There were 19 state and federal cases pending involving the St. Jude valve as of last October, according to filings with the Securities and Exchange Commission by the company, which is based in St. Paul.

Other lawsuits that could be affected are ones against Johnson & Johnson and Synthes over spinal disks, and Stryker over artificial hip components. Soundtec, an Oklahoma City-based producer of an implantable hearing aid, had been told just two weeks ago by the Arkansas State Supreme Court that the federal approval of its device did not protect it from a claim in state court that its design was defective. Lawyers say the Arkansas decision is now likely to be reversed.

Recent settlements of large groups of lawsuits on terms relatively favorable to device makers are a sign that lawyers had been anticipating the Supreme Court outcome, according to Mark Herrmann, a Chicago lawyer who defends drug and device companies.

In December, for example, Medtronic announced an agreement to pay $114.1 million to settle 2,682 injury lawsuits related to its 2005 recall of defibrillators with a defective battery. In November, Boston Scientific agreed to pay up to $240 million to settle 8,550 claims stemming from recalls of defibrillators made by a subsidiary, Guidant.

Plaintiffs in those cases are free to stay out of the settlements and try to continue suing the companies. But the odds against their success are much steeper now, according to both plaintiffs and defense lawyers.



[PREV] [1] ..[5260][5261][5262][5263][5264][5265][5266][5267][5268].. [8292] [NEXT]
All
Class Action
Bankruptcy
Biotech
Breaking Legal News
Business
Corporate Governance
Court Watch
Criminal Law
Health Care
Human Rights
Insurance
Intellectual Property
Labor & Employment
Law Center
Law Promo News
Legal Business
Legal Marketing
Litigation
Medical Malpractice
Mergers & Acquisitions
Political and Legal
Politics
Practice Focuses
Securities
Elite Lawyers
Tax
Featured Law Firms
Tort Reform
Venture Business News
World Business News
Law Firm News
Attorneys in the News
Events and Seminars
Environmental
Legal Careers News
Patent Law
Consumer Rights
International
Legal Spotlight
Current Cases
State Class Actions
Federal Class Actions
New Hampshire courts hear 2 ..
PA high court orders countie..
Tight US House races in Cali..
North Carolina Attorney Gene..
Republicans take Senate majo..
What to know about the unpre..
A man who threatened to kill..
Ford cuts 2024 earnings guid..
Kenya’s deputy president pl..
South Korean court acquits f..
Supreme Court grapples with ..
Supreme Court leaves in plac..
Kentucky sheriff accused of ..
New rules regarding election..
North Carolina appeals court..


Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
East Greenwich Family Law Attorney
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
  Law Firm Directory
 
 
 
© ClassActionTimes.com. All rights reserved.

The content contained on the web site has been prepared by Class Action Times as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Affordable Law Firm Web Design