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Articles Posted in Medical devices

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large clockIf you believe that you have a claim for personal injuries or for a loved one’s wrongful death, you should speak to an attorney about your case as soon as possible. This is because there is a limited time for filing both injury and death cases. This Tennessee product liability lawsuit case is a reminder that the statute of limitations isn’t flexible.

The statute of limitations prescribes the exact time period for bringing a claim, such as a negligence action arising from a motor vehicle collision, an act of medical malpractice, or an injury from a defective product. There may also be an applicable statute of repose that places additional constraints on the time for filing suit, based on factors such as, for example, the date an allegedly defective product was manufactured.

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By Jessica Surber, attorney
English, Lucas, Priest and Owsley, LLP

file0001532482557 morguefile drummerboyA Missouri jury found in favor of a woman who developed ovarian cancer after long-term use of talcum powder in her genital area, awarding her $70 million in damages in late October.

This is the third large verdict against Johnson and Johnson in 2016, with two other juries handing out $55 million and $72 million verdicts to women or their families who were affected by ovarian cancer after the women’s long-term use of talcum powder products. Johnson and Johnson is the maker of Johnson’s Baby Powder and Shower to Shower, both products containing talc that have been used by women in the genital area for decades. The public recently learned that Johnson and Johnson and other companies knew of this product’s link to ovarian cancer, but continued to market the product as safe for such use.

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By Jessica Surber, attorney
English, Lucas, Priest and Owsley, LLP

medic-hospital-laboratory-medical-40559Kentucky Attorney General Andy Beshear announced today that he is suing Johnson & Johnson for false marketing of transvaginal mesh, a medical product that the company sold to doctors and surgeons. The mesh is an implant used to treat pelvic organ prolapse and relieve stress urinary incontinence.

Beshear said in a press conference that the mesh has been implanted in 15,000 Kentucky women without Johnson & Johnson or Ethicon, the medical device subsidiary, providing proper information to women about the product.

The lawsuit doesn’t seek compensation for women harmed by the transvaginal mesh. Instead, it seeks civil penalties against Johnson and Johnson.

This type of lawsuit by an attorney general is unusual, and while it seeks to punish the manufacturer of transvaginal mesh, it doesn’t help women who are suffering because of this product. Anyone who has been injured is strongly urged to seek help from a qualified attorney, who can help them advocate for their rights.

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