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Miami Doctor’s Negligence Costs Government $33.8 million

A normal pregnancy turned high-risk after Dr. Ata Atogho made several life-altering mistakes during the 90 minute delivery of a little boy. Dr. Atogho walked away from his mother’s room for long periods of time including once for an eight-minute phone call from his stockbroker.  Dr. Atogho  failed to perform a necessary Cesarean section and negligently ordered nurses to restart pitocin to strengthen contractions. By the time Marla Dixon delivered her son on December 2, 2013, her baby was blue in the face with limp limbs. The tragic outcome for Marla Dixon and her permanently brain damaged baby resulted in a $33.8 million malpractice...

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Unsterilized Medical Equipment Halts Surgeries at Brooke Army Medical Center

Scheduled surgeries have been stopped at Brooke Army Medical Center, one of San Antonio’s largest hospitals.  Broke Army Medical Center, known for treating the Army’s health system is famous for its burn ward that has treated hundreds of war-victims. This past weekend, San Antonio Express-News reported that the hospital has closed more than half of its operating rooms after the hospital found improper sterilization of its surgical instruments. Seventy-three cases of improper sterilized instruments cases were reported last month at BAMC, including sixteen incidents which fragments of organic material were discovered on surgical tools such as bone, skin, or blood....

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$1 Injection could treat dangerous bleeding after childbirth

  A third of new mothers who suffer from deadly hemorrhaging after child birth could be saved by a low-cost treatment, a UK international study found. The loss of a mother during child birth is devastating and countless scientists have searched for a way to end this tragedy. Melinda Gates has called the issue a top priority for her and her family and even went so far as to donate $1.5 billion from her family’s foundation to the cause. One in five new mothers die every year due to severe bleeding after child birth. WOMAN Study Conducted in 193 hospitals in 21 countries, the...

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Johnson& Johnson, Bayer accused of Hiding Blood-Thinning Drug’s Flaws

The first trial began on Monday in New Orleans against Johnson & Johnson and Bayer’s anticoagulant Xarelto for Joseph Boudreaux.  Johnson & Johnson and Bayer are facing more than 18,000 US patient suits that blame Xarelto for internal bleeding.  The FDA has reported that the drug has been linked to at least 370 deaths. The case in New Orleans is the first of four lawsuits that the US District Judge Eldon Fallon of New Orleans will be slated for.  The trials will be completed in the next three months. Basis of the Lawsuit Johnson & Johnson and Bayer are accused of falsely...

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H.R.1215, how beneficial is it?

H.R.1215 is a bill that creates provisions managing health care lawsuits where coverage for the care was provided or subsidized by the federal government, including through a subsidy or tax benefit. The bill does not obstruct certain state laws and federal vaccine injury laws and rules. The statute of limitations is three years after the injury or one year after the plaintiffs discovers the injury, whichever comes first. However, for a minor the statute of limitations is a bit different. A case for a minor has the statute of limitations capped at three years after the injury, but if the...

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FDA responds to Big Pharma’s Citizen Petition

Big Pharma asked the U.S. Food and Drug Administration to overhaul a newly finalized regulation that gives the agency wide latitude to police off-label promotion. Pharmaceutical Research and Manufacturers of America, the Biotechnology Innovation Organization and a drug maker coalition known as the Medical Information Working Group, filed the petition on February 8, 2018.  The petition claims the rule contains unconstitutional policy changes. These organizations represent many drug makers, and their petition challenges the FDA's new rule for evaluating “intended use” of prescription drugs and medical devices.  An important concept, intended use helps the FDA assess whether companies are intentionally marketing products for unapproved uses. The...

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Are your nursery products safe for your children?

A new study found that every eight minutes a child is injured in an accident involving baby products like carriers, crib bedding, and strollers. That means approximately 66,000 injuries occur a A study by Nationwide Children’s Hospital, indicates this number continues to grow. Since January 1991, researchers have looked closely at nursery product related injuries. Baby carriers caused the most injuries (20%) followed by cribs and mattresses (19%) and strollers and carriages (17%). Most of the injuries happened at home and about 80% of the time they involved falls.  In the last 8 years of the study,  nursery product-related injuries steadily increased, rising by nearly...

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Multidistrict Litigation: What and Why?

Previously, The Janicek Law Firm provided a further understanding of MDL cases and how they work. Multidistrict litigation works well for large, complex cases that involve one or more common issues of fact. In the federal system, the Judicial Panel on Multidistrict Litigation decides when to transfer cases to an MDL. It usually occurs when there are large numbers of cases against common defendants and the courts expect more plaintiffs to file lawsuits. At the state level, a similar body or a state supreme court can decide to consolidate similar cases. Type of Cases Subject to Litigation Multidistrict litigation cases include damages due to dangerous...

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Multidistrict Litigation: Know How It Works

  Multidistrict litigation includes lawsuits involving dangerous narcotics, medical devices, aircraft crashes, and intricate issues affecting a large group of people.  Federal judges transfer these cases and consolidate them into multidistrict litigation (MDL). How Multidistrict Litigation Works In 1968 Congress created the Multidistrict Litigation system in order to manage multiple federal civil cases that share a common issue, and are transferred to a single district court. The goals of MDL are to save money and time by joining similar cases into one action. The United States Judicial Panel on Multidistrict Litigation decides when multiple lawsuits should be consolidated into an MDL. The panel consists of seven members...

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Understanding Multidistrict Litigation: Part 1

Multidistrict litigation Multidistrict litigation (MDL) is a procedure in which federal civil cases from around the country are transferred to one court. The court consists of a panel of seven judges appointed by the Chief Justice of the United States Supreme Court. The judicial panel has the ability to transfer related cases to one federal judge for organized and united pre-trial discovery.   Due to difficulty courts had in coordinating over a thousand related cases that were pending in 36 districts around the country, the panel was created in 1968. This procedure avoids duplication of discovery, prevents pretrial rulings, and conserves...

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