| Read Time: < 1 minute | Defective Medical Devices

U.S. District Court of New Hampshire Consolidates Actions into MDL Against Atrium

December 2018 – Per the U.S. Judicial Panel’s Transfer Order, the six outside pending actions against  Atrium were consolidated into the District of New Hampshire MDL. Visit our hernia mesh lawsuit page for more information. Please don’t hesitate to call us today if you think you need help with a similar case. Reference: U.S. District Court, District of New Hampshire, https://www.nhd.uscourts.gov/multi-district-litigation-mdl.

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| Read Time: < 1 minute | Defective Medical Devices

Thousands of Hernia Mesh Cases Consolidated and Preparing for Trial

Thousands of Cases Consolidated – Heading for Trial September 2018 – Thousands of cases have been consolidated in the U.S. District Court for the Northern District of Georgia in front of Judge Richard W. Story.  The Court entered an order in January 2018 which created an initial group of 34 cases to prepare for trial. The initial group of cases was supposed to be narrowed down to 10 by December 1, 2018, with a scheduled first trial for September 16, 2019.  However, the Judge issued an order pushing all deadlines out 75 days. The judge was expected to create a second group of cases in early 2019. References “Physiomesh/Hernia Mesh.” TorHoerman Law, LLC, 05 November 2020, https://www.torhoermanlaw.com/defective_product_lawsuit/hernia-mesh/

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| Read Time: 4 minutes | Defective Medical Devices

Currently Pending MDLs Against Hernia Mesh Manufacturers

October 2020 – There are currently three separate multidistrict litigations (MDLs) open against manufacturers of hernia mesh surgical devices, as listed below: Atrium C-QUR Mesh MDL In re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation, Case No.: 16-MD-2753 LM (New Hampshire). The judicial panel established the consolidated litigation in December 2016. To date, approximately 2,100 lawsuits over Atrium C-QUR mesh are pending in the U.S. District Court for the District of New Hampshire. The first bellwether trial was scheduled to begin in the spring of 2020, but was continued due to the COVID-19 pandemic. While the FDA has not yet recalled C-Qur mesh, the FDA has conducted multiple investigations into the potential consumer risks of C-Qur mesh, as well as the business practices of the product manufacturer, Atrium. In 2015, the FDA filed a lawsuit against Atrium, claiming the manufacturer had introduced adulterated medical devices into the market. FDA investigations into C-Qur mesh have opened inquiries into the potential dangers posed to consumers. While C-Qur is advertised as unlikely to create scar tissue or fuse with muscle tissue, there have been a large number adverse events reported by consumers — including allergic reactions, inflammation, bowel obstruction, infection, and a tendency to fuse with abdominal muscle tissue. These alleged medical issues were the basis for a number of healthcare professionals and hospitals to discontinue using C-Qur. Since the FDA’s investigation into Atrium, there have been many cases filed across several district courts. Plaintiff’s allegations range from adverse effects caused by C-Qur mesh to Atrium’s failure to properly warn consumers of the potential dangers involved with C-Qur. Ethicon Physiomesh MDL In Re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation, MDL No. 2782 (New Jersey and Georgia). The Judicial Panel on Multidistrict Litigation established the MDL in June 2017. The U.S. District Court for the Northern District of Georgia oversees 2,989 pending lawsuits as of June 29, 2020. The worldwide recall of Ethicon’s Physiomesh Flexible Composite products in May 2016 came as a result of unpublished data from multiple European hernia registries that correlated Physiomesh and higher than average recurrence and revision rates as compared to other laparoscopic hernia meshes. Thousands of hernia mesh lawsuits filed against Ethicon were consolidated in a federal MDL and in a state court proceeding in New Jersey. Ethicon, Inc., a subsidiary of Johnson & Johnson, is based in New Jersey. The first bellwether trials against Ethicon in either MDL 2782 or the New Jersey state court proceedings were scheduled for 2020, but those schedules were disrupted due to the COVID-19 pandemic. On May 19, 2020, the court in MDL 2782 set the first trial for November 2, 2020. Davol/Bard Hernia Mesh MDL In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, MDL No. 2846 (Ohio and Rhode Island). The MDL panel established the litigation on August 2, 2018 over different brands of Bard Davol’s polypropylene products in the U.S. District Court for the Southern District of Ohio. On May 5, 2020, the court set the first federal Bard hernia mesh lawsuit for trial on September 29, 2020. There is a possibility this trial will be further postponed due to the Covid-19 pandemic. As of May 18, 2020, there were 7,098 cases filed in the federal Bard consolidated proceedings. Because C.R. Bard is headquartered in Rhode Island, many hernia mesh lawsuits have been filed in Rhode Island state court. Approximately 8,000 cases are pending against Bard in Rhode Island state court. Bard’s Ventralex mesh, Perfix plug and Composix Kugel mesh are the hernia mesh products most commonly at issue in these lawsuits. However, cases have been filed for injuries from over 20 Bard hernia mesh products including the 3D Max, Ventrio, Ventralex ST, Ventrio ST, Ventralight ST, Perfix Light Plug, Composix, Bard Mesh, Bard Soft Mesh and Sepramesh IP. Covidien Parietex and W.L. Gore Hernia Mesh Lawsuits In Re: Covidien Hernia Mesh Products Liability Litigation June 5, 2020 — Plaintiffs filed a motion asking that the U.S. Judicial Panel on Multidistrict Litigation transfer related Covidien hernia mesh product liability actions for coordination as a fifth MDL for hernia mesh litigation. In doing so, they recognized that the Panel had already established an MDL in 2016 for products manufactured by Atrium, in 2017 for products made by Ethicon, and in 2018 for products by Bard/ Davol. Covidien, Inc., a subsidiary of Medtronic, Inc., manufactured several hernia mesh products that are the target of personal injury lawsuits alleging injuries from Parietex Mesh, Parietex Composite Mesh/Patch and Parietex ProGrip Mesh. The Parietex products are unique because they are composed of polyester (polyethylene) rather than the polypropylene that most hernia mesh products are made of. The Plaintiffs claim that it is now necessary and appropriate for the Panel to establish a fifth MDL proceeding for the copy-cat cases that allege manufacturing, design, and warning defects in the hernia mesh Covidient products. Lawsuits have also been filed against W.L Gore for injuries from its Gore-Tex Mesh products. To date, neither the Covidien nor W.L. Gore cases have been consolidated at either the federal or state court level. Most Covidien hernia mesh lawsuits have been filed in Minnesota state courts, where Covidien is headquartered. Currently, there are over 140 state court hernia mesh lawsuits on file. The Judicial Panel on Multidistrict Litigation was scheduled to hear arguments on July 30, 2020 for and against consolidating the handful of Covidien lawsuits before a single federal court. References Doyle APC Law Firm. “Hernia Mesh Lawsuits & Settlements, Summer 2020 Update.”  Hernia Mesh Lawsuits and Settlements, 10 July 2020,  https://www.herniameshlawsuit.org/hernia-mesh-lawsuits-summer-2020-update/.

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| Read Time: 4 minutes | Dangerous Drugs

What Is the Average Wrongful Death Settlement?

Losing a loved one in an accident leaves their family and friends devastated. As they move through the stages of grief, they begin searching for answers and recognize the financial stresses associated with the loss of a loved one. Potential plaintiffs often ask what a wrongful death lawsuit average is when deciding if they want to pursue one. Unfortunately, there is no one average number. No two cases are exactly alike, so there is no way to compare cases to each other. The amount of compensation you can receive will depend on a number of factors. Understanding what a wrongful death claim requires and how damages are calculated can help the family decide how to proceed. What is a Wrongful Death Suit? Wrongful death is a civil claim brought by the deceased’s surviving family or personal representative against the negligent party. It is completely separate from a criminal charge, with a different burden of proof. Every state defines wrongful death in their own way, but there are common elements: Duty of Care. The plaintiff must show that the defendant had a responsibility to avoid behaviors that could cause foreseeable harm to the plaintiff (the deceased);  Breach of Duty. The plaintiff must show that the defendant violated their duty of care; Causation. The defendant’s violation/breach caused the person’s death; and Damages. The deceased and their family suffered injury or damage as a result. In these situations, the family has the option to file a wrongful death lawsuit and seek compensation. What Damages Are Available in a Wrongful Death Case? A wrongful death claim covers those losses experienced by the next of kin after the deceased’s death. These can include: Loss of future inheritance, Loss of parental guidance (if they had minor children), Loss of spousal companionship (also called consortium), Loss of the decedent’s benefits such as retirement, and Loss of the decedent’s future income. Depending on your state, you may also be able to pursue a claim for losses suffered by the deceased prior to their death, such as medical expenses and pain and suffering. Your attorney can help you understand the laws that apply to you. How Are Wrongful Death Damages Calculated? Because each case is so different, it’s hard to name a number, or even a range, for damages. However, there are several factors that may affect a settlement amount. Usually, the main consideration is the decedent’s status and circumstances at the time of death. Factors to consider include: Age of person at time of death; The deceased’s career, education, and earning capacity; Their state of health; Income at time of death; and The age and needs of the deceased’s legal dependents. The final amount of damages cannot be a guess. It must be supported by objective evidence, which can require expert witnesses. Because of this, it is so important to have a personal injury attorney on your side who knows how wrongful death cases work. If a case does reach a jury, the plaintiff can also ask for punitive damages. Punitive damages are intended to punish a defendant whose conduct is considered grossly negligent or intentional. Some states put a cap (limit amount) on this category. In Indiana, punitive damages are capped at the greater of three times compensatory damages or $50,000, whichever is greater. Kentucky and Illinois do not limit punitive damages. Who Can Bring a Wrongful Death Claim? Each state has its own laws stating who has standing to bring a wrongful death claim and who can collect damages. Usually, only immediate family members like spouses, children, and parents of unmarried children can recover damages in a wrongful death suit. Often, these individuals also have standing to bring the wrongful death suit. However, many states require a deceased’s personal representative (executor, executrix, or court appointed administrator) to bring suit on behalf of the family members. Is a Wrongful Death Settlement Taxable? The IRS considers any portion of a settlement or award that is “compensatory” as non-taxable. Compensatory damages are intended to repay someone for a loss that they have already sustained and are not considered “income” for tax purposes. If the case goes to trial and a jury awards punitive damage, the result may be different. It is possible that any punitive damages in a jury award or settlement may be taxed.  How a Wrongful Death Lawyer Can Help You Navigating a wrongful death claim can be complicated and overwhelming. You may be grieving and wondering if a claim is in the family’s best interest. Sometimes insurance companies contact family members shortly after an accident and offer an amount that seems substantial. But in most cases, their offer will be significantly less than the family’s actual losses. A wrongful death claim will take an additional toll on everyone involved, so having an attorney is essential. First, they will be your advocate against the responsible party, insurance company, or opposing counsel. They know the law and how to navigate the legal system on your behalf. The loss of a loved one cannot be reclaimed through a personal injury action. But a claim can compensate a family for emotional and economic harms so that they can begin to move forward. An experienced lawyer can help you negotiate a settlement or represent you at trial if necessary. Suffering the Loss of a Loved One? Go with Experience. Go with Gerling. Did you lose a family member or loved one due to the negligent actions of another? The team at Gerling Law is incredibly sorry for your loss, and we want to help you if we can. Our attorneys are dedicated advocates who will fight hard to get you the compensation you deserve after such a tragedy. We have successfully represented clients in Indiana, Illinois, and Kentucky in wrongful death suits and other personal injury matters for over 50 years. Call us at 866-651-2195 or fill out our online contact form to schedule a free case consultation today!

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| Read Time: 2 minutes | Dangerous Drugs

Your Wrongful Death Attorney

Unfortunately, at Gerling Law, our professional team is familiar with accidents that result in wrongful death. If you know someone who has passed away due to another person’s negligent behavior, we offer our deepest apologies. This time is difficult, painful, and unfair. To make the situation worse, these particular types of cases are often constricted by a statute of limitations. You and your family should be grieving at this time, not stressing over the legal process. Therefore, we invite you to leave the law to us. An Attorney Can Help According to the Centers for Disease Control and Prevention, more than 90,000 deaths occur throughout the United States due to medical malpractice, which is just one example of wrongful death. Wrongful death can occur from many types of accidents, including the following: an automobile accident, a slip, and fall accident, a workplace accident, a product liability accident, and more. As stated time and time again, accidents do happen every single day. However, when the accident could have been prevented, then the responsible party needs to be held accountable for his or her negligent actions. An educated and skilled attorney can help you. Firstly, the legal process can often be complicated and tedious. Second of all, it goes without saying that most clients, rightfully so, do not have a clear mind during this trying time. From tracking down witnesses to making phone calls on your behalf, at Gerling Law, our main concern is you. Contact a Gerling Wrongful Death Attorney Today Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help.  You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

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| Read Time: 2 minutes | Car Accident

Go With Experience

If you are searching for legal counsel in Evansville, Indianapolis, Louisville, Owensboro, or surrounding communities, contact Gerling Law. Our lawyers have one purpose: to make your life better through assertive advocacy, legal experience, and a commitment to results. For over five decades, our firm has helped individuals get their lives back after an accident or when they can no longer work due to an injury or illness. We are dedicated to getting the compensation you deserve and have a solid reputation as a large settlement attorney law firm. “I am proud that Gerling Law is a leading personal injury law firm. We have represented thousands of people over the past 50 year and obtained recoveries totaling more than $300 million,” stated Owner Gayle Gerling Pettinga. Professional Results Just some of the recoveries made by Gerling Law include: $7.5 Million Settlement; Brain Injury to Child; Auto and Tractor-Trailer Collision $3.01 Million Judgment; Permanent Brain Injury; Motorcycle – Tractor-Trailer Collision $2.5 Million Settlement; Wrongful Death; Auto and Tractor-Trailer Collision $2.1 Million Settlement; Traumatic Brain Injury; Motorcycle and Tractor-Trailer Collision $350,000 Settlement; Burn Injuries; Propane Tank Explosion $225,000 Settlement; Shoulder Injury; Pedestrian Struck by Auto Of course, these results are provided for informational purposes only and are not to be considered as a promise or guarantee as to the outcome of your specific case. Each case contains different facts and circumstances. The facts and circumstances of other cases will likely differ from the facts of the cases listed. Contingency At Gerling Law, we work on a contingency fee basis. That means you don’t have to pay us anything upfront or directly. We get paid only at the end of your case and when your case ends successfully. If your case is not successful, and you do not receive any kind of financial recovery, we will not charge you for the services we provided on your behalf. You’ll owe absolutely nothing. A Final Word Gerling Law has successfully represented clients from every walk of life and with every sort of legal challenge. We are confident that we can assist you with your legal needs. Clients are always treated fairly and with courtesy and respect. Every case receives the highest-quality representation matched by unparalleled integrity to obtain the compensation you deserve. Call the Gerling Firm today at 888-437-5464 for a no-obligation initial consultation.

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