You Have Rights Blog
Wyeth Concedes that Levine Case is not suitable to rule on broad preemption
Thursday, September 18, 2008
In a stunning legal turn of events, attorneys representing pharmaceutical maker Wyeth in a lawsuit brought by a Vermont woman who lost an arm after being given a Wyeth nausea drug have apparently thrown in the towel on the argument that makers of all FDA-approved drugs should be shielded from state personal-injury claims. Legal scholars, plaintiff's attorneys, and injured parties across the country have been closely watching developments in the United States Supreme Court case between Wyeth and Diana Levine. Many had been bracing for a landmark legal ruling that would have far-reaching effects on the rights of all patients…
Mark & Associates, P.C. Offering Free Legal Consultations for Hip Patients and Their Families
Tuesday, August 19, 2008
Mark & Associates, P.C., a law firm representing victims of defective medical devices, is investigating reports of defective Zimmer Durom Cup artificial hip devices. The firm has been contacted by numerous patients whose Durom Cup hip replacements have failed and caused them to undergo a second hip replacement surgery. Patients and families of patients who suffered from defective Zimmer Durom Cup hip replacement devices are encouraged to request a free legal consultation at www.ZimmerHipLawsuit.com or by calling 1-866-50-RIGHTS (1-866-507-4448). The Durom Cup went on the market in 2006 and has been implanted in over 12,000 patients. Dr. Lawrence Dorr, an…
Judicial Panel on Multi-District Litigation Transfers all Medtronic Sprint Fidelis Cases
Monday, February 25, 2008
All cases filed in Federal Courts moved to District of Minnesota Earlier this week, the Judicial Panel on Multi-District Litigation issued a transfer order, transferring all Medtronic Sprint Fidelis cases filed in various federal courts to the District of Minnesota. Mark & Associates, P.C. continues to aggressively evaluate new cases involving recalled Medtronic Sprint Fidelis defibrillator leads. Defibrillator patients can request a free legal consultation by visiting http://www.MedtronicLegalAction.com. On October, 15, 2007, Medtronic Inc. announced it was recalling its Sprint Fidelis leads from the worldwide market due to a risk of fracture, which can potentially cause a defibrillator to either…
The Supreme Court’s Ruling in Riegel v. Medtronic Will Not Stop the Pursuit of Justice
Friday, February 22, 2008
On February 20, 2008 the United States Supreme Court decided in an 8-1 decision that federal law “preempted” state tort lawsuits involving some defective medical devices. Without getting into all of the specifics of the case, the decision essentially means that victims of defective medical devices will have a more difficult time filing suits against manufacturers of defective medical devices, if that product was approved by the FDA through the premarket approval process or PMA. This decision may impact the Medtronic Sprint Fidelis leads cases, as well as cases involving all other defective medical devices, but it does not completely…