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  • Sickening Stock Drop Prompts Boeing 737 ERISA Lawsuit
    Apr-19-19 Chicago, IL On March 31, participants in the Boeing Voluntary Investment Plan (VIP Plan) filed a class action ERISA lawsuit in the Northern District of Illinois. The lawsuit alleges that Boeing knew about problems with its 737 MAX series of airplanes and hid the bad news, all while encouraging plan participants to invest in company stock though the...
  • Patients Battle Surprise Emergency Room Charges
    Feb-20-19 Washington, DC Dr. Joaquin Lopez ‘s surprise emergency room bill came after he and his insurer had already paid $11,000 toward the cost of emergency gallbladder surgery . For dentist Brad Buckingham, who fell off his bicycle, the shock was a $70,000 bill to repair a broken hip. For Stacey Shapiro, it was a $6,720 emergency room fee to treat sudd...
  • Is a Health Plan Liable for the Negligence of an Unqualified Claims Reviewer?
    Oct-23-18 Sherman, TX Johnson v. UnitedHealthcare raises more questions than it answers about how ERISA protects health plan participants who bring bad faith insurance lawsuits over denied medical claims. Stephen Johnson had more than his share of hardship. The law hasn’t helped him. But it’s a complicated story that will affect claimants and health in...
  • Ninth Circuit Champions Wrongly Denied Disability Claimant
    Jun-8-18 Los Angeles, CA In Bowlin v. The Prudential Life Insurance Company of America , the United States District Court for the Central District of California overruled Prudential’s decision to deny long term disability benefits to a worker who gave evidence of many physical and psychological ailments. Bowlin is something of a rarity in long term deni...
  • The FDA Warning Letter RE: St. Jude ICD Batteries One Year Later
    Feb-10-18 Sylmar, CA: We will soon be coming up to the one-year anniversary of the receipt by Abbott Laboratories of a scathing warning letter by the US Food and Drug Administration (FDA). At issue were various allegations and findings of non-compliance and failures to maintain good manufacturing practices determined during an inspection of its facility in Sylmar, C...
  • Are ER’s Cashing in on Upcoding?
    Feb-3-18 Washington, DC Since 2009 emergency room charges have jumped by as much as 85 percent . Are patients really sicker? Has the actual cost of care gone up that much? Are hospitals price-gouging? For both uninsured patients and those with big deductibles, the bottom line is the same – a gaping hole in the pocketbook. The secret (and thus perha...
  • Stockert 3T Heater-Cooler Case Awaits Consolidation Decision
    Jan-29-18 Minneapolis, MN Lawyers and plaintiffs are awaiting an important decision in the Stockert 3T heater-cooler litigation process as the Judicial Panel Multidistrict Litigation (JPML) decides whether or not to consolidate 42 lawsuits into a single federal MDL. Plaintiffs allege the German manufactured operating room device infected some thoracic cardiovasc...
  • Kmart settles healthcare fraud lawsuit for $32.3 million
    Jan-20-18 Washington, DC The Department of Justice announced that Kmart Corporation has agreed to pay $32.3 million ($59 million including state law issues) to settle a lawsuit that claims in-store pharmacies overbilled Medicare Part D, Medicaid, and TRICARE. The healthcare fraud scheme, which a Kmart pharmacist stumbled upon only when he had his own presc...
  • Cook Celect Filters Approved Through FDA Shortcut Protocol
    Dec-16-17 Washington, DC: When the Cook IVC filter manufactured by Cook Medical and identified as the Cook Gunther Tulip Filter System achieved formal approval by the US Food and Drug Administration (FDA) in 2003, it was approved under an FDA 510(k) Clearance designation – a shortcut to the approvals process that continues to generate a fair bit of controversy...
  • Untold Story of Opioid Epidemic: Attorney Explains Kickbacks and Billing Fraud
    Nov-27-17 Washington, DC It’s not the users. It’s the doctors. In a November 22 interview with lawyersandsettlements.com, attorney Jason Brown told a strange two-track story where healthcare whistleblower lawsuits  meet the opioid epidemic. It’s not pretty. He believes that 2018-2019 will bring a proliferation of whistleblower lawsuits that...
  • Consumer Advocate Blames both Manufacturer and FDA for Dragging their Heels
    Nov-23-17 Washington, DC: Public Citizen is an internationally-recognized consumer advocacy group founded by perhaps the original consumer advocate, Ralph Nader. He’s the guy who railed over the safety of cars, and advocated for seat belts. And today, the organization he founded holds, amongst other things, the feet of the pharmaceutical and medical device ind...
  • You Can Easily Trace a Car’s History, but Not Necessarily Their Parts
    Oct-27-17 Hoboken, NJ: Amongst the steady stream of media reports decrying the emerging issue of recycled airbag injuries and their relationship to recalled airbags inexplicably returned to circulation, is a television report produced by News 12 New Jersey (06/07/17). While injuries attributed to defective, original-equipment airbags have been an issue for som...
  • Criticism for Both St. Jude Medical and FDA over Defective St. Jude ICD Batteries
    Oct-20-17 Washington, DC: A troubling report that ran in The New York Times back in April shed a dark shadow on defective St. Jude cardiac defibrillators and the batteries that powered them. St Jude ICD and CRT-D device lawsuits have alleged further than the original manufacturer of the medical devices, St. Jude Medical, downplayed reports of device failure fo...
  • Airbag Attorney Urges Everyone to Check their Vehicles—You May Be in Danger
    Oct-17-17 Orlando, FL: Chances are, you know about the airbag recall that has affected more than 100 million vehicles worldwide. But you may be unaware that the vehicle you are driving could have defective airbags, putting yourself and others at risk of serious injury. Attorney Frank Melton, whose firm represented Corey Burdick in 2014 and brought the recall to...
  • Medtronic SynchroMed Infusion Pump: a History of Problems
    Oct-15-17 Harrisburg, PA: The dog-eared adage suggesting ‘there is a place for everything, and everything in its place’ certainly applies to marketing undertaken by the pharmaceutical and medical device communities: witness television commercials expounding upon the virtues of a drug, only to have a litany of potentially serious side effects narrated by...
  • Add Pancreatic Cancer to Your List of Saxagliptin Worries
    Oct-9-17 Washington, DC: While patient lawsuits have focused on the danger of heart failure as a Saxagliptin side effect , the risk of pancreatic cancer may be flying under the radar. It can be just as deadly, and research suggests a link between Saxagliptin and the disease. Saxagliptin is the generic form of a number of brand- name drugs used to treat type...
  • The Recalled Fetch 2 Aspiration Catheter Received FDA 510(k) Clearance
    Oct-8-17 Washington, DC: When the Fetch 2 Aspiration Catheter was originally launched by Bayer Medical Care Inc., (Bayer), there was no shortage of platitudes which, sometime later presented as a stark contrast to the eventual global recall that resulted in many a lawsuit amidst allegations of defective catheters causing injury . &ldquo...
  • St. Jude Battery Failure, Delayed Recall and it all comes down to Money
    Sep-28-17 Santa Cruz, CA: The battery seems to have run out, so to speak, on St. Jude’s recall process. The company made a change to its battery design back in 2015 but didn’t acknowledge the reasoning behind the design—until the lithium battery defects were confirmed internally. The FDA finally initiated a Class I recall (the most seri...
  • Why so many Catheters Recalled?
    Sep-27-17 Santa Cruz, CA: Another catheter was recalled last week, and this one got a Class 1 recall category, meaning the most serious kind. The FDA recalled a bridge occlusion balloon catheter “due to the possibility of blocked guidewire lumen in select device units”. The Bridge Occlusion Balloon Catheter, made by Spectranetics, is design...
  • Bayer Pulls Essure Birth Control Device From All Countries Except US
    Sep-26-17 Washington, DC: Bayer has announced that it is taking its female sterilization device, Essure, off the market in all countries where it is currently marketed and sold, except the US. The company said it was taking this action due to commercial reasons, and not because of allegations of side effects associated with the device. Bayer said it...
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