Articles Tagged with settlement

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Personal injury lawyer signs up a new injured client.
If you suffered serious injuries and sustained a lot of damages in an accident such as a car wreck, winning your personal injury claim can make or break your future. Therefore, it’s of utmost importance to take care when pursuing your claim. Get professional legal advice and follow all legal procedures carefully to avoid wrecking your case.

Below are five ways you can benefit your personal injury case and increase your chances of winning and getting the settlement you need.

#1: Collect Every Shred of Evidence

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10142014A Texas jury recently released a verdict for a 2010 case of a 9-year-old boy who suffered serious injuries at Pump It Up, an indoor inflatable playground. The Thundyil family was awarded $1.3 million in damages for their son’s injuries that occurred at the Pump It Up located at 536 Sawdust Road near the Woodlands.

According to Kimberly Thundyil, her son was sitting on part of the inflatable equipment about 7 feet from the ground when he fell off, striking his head on the carpeted concrete floor below. The lawsuit from the Thundyil family claims that part of the inflatable where their son was playing was not supposed to be played on but there were no barriers or safety monitor to keep children out of the area.

Thundyil’s son suffered a fractured skull and internal bleeding in three places on the brain. She now claims he suffers from a stutter, memory issues, and other mental and emotional ailments due to the injury.

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shutterstock_1447926761-300x200Attorneys for Bard, Endo Health Solutions, Inc., Boston Scientific Corp., Coloplast A/S and Cook Medical, Inc., all manufacturers of transvaginal mesh implants, are in settlement talks over literally thousands of lawsuits, say sources familiar with the cases. Transvaginal mesh is used to support women’s pelvic muscles during stress urinary incontinence (SUI) and pelvic organ prolapse (POP) surgeries. Plaintiffs allege to have experienced severe emotional and physical damage from these implants after surgery . Johnson & Johnson is also facing countless lawsuits but isn’t involved in these talks, according to sources.

Plaintiffs’ attorneys are requesting that U.S. District Judge Joseph Goodwin (the judge overseeing these federal lawsuits) appoint a settlement committee. The talks are designed to resolve over 30,000 suits that have been consolidated for pre-trial information exchanges. The number of suits may rise to as many as 50,000 as more women seek to participate in what could be a multi-billion dollar settlement.

Some manufacturers such as Bard and Endo have already settled lawsuits over these implants. In fact, earlier this year, Endo officials paid $54.5 million in settlements over their defective devices.

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shutterstock_105328082-200x272Johnson & Johnson is the largest seller of healthcare products. When you consider that fact, $3 billion seems like a drop in the bucket to settle lawsuits over its recalled hip implant cases.

There are up to 11,500 lawsuits pending in the United States against the corporate giant, and to resolve them, it may pay more than $300,000 per case. If these plaintiffs accept their offers, the total amount would exceed $3 billion, which would top the $1 billion paid in 2001 by Suizer AG, a Switzerland-based pump maker, to resolve lawsuits from patients who claimed the company’s hip and knee implants were defective. This was the largest settlement of its kind, so if J&J follows through, its settlement will be a record-breaker.

Johnson & Johnson wants the U.S. cases resolved by early 2014, according to undisclosed sources. In 2010, J&J’s DePuy unit recalled 93,000 implants with 37,000 of those being in the U.S.

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shutterstock_1215026651-300x199Yesterday, a settlement was proposed in Wanda L. and Greg T. Queen v. C.R. Bard case, the second of four federal bellwether transvaginal mesh cases against against the manufacturer of transvaginal mesh products. Wanda was implanted with the Bard Avaulta Solo Anterior Synthetic Support system during her pelvic organ prolapse surgery. The first federal trial awarded $2 million to Donna Cisson in her case against C.R. Bard. There are currently 28,000 consolidated cases in the court naming six total manufacturers of transvaginal mesh products.

Now we have word that the Queen case has been settled and no trial will be held. In settlement cases, amounts awarded to the plaintiff are usually not available to the general public and the defendant doesn’t admit liability.

It is understandable why C.R. Bard would want to settle, and avoid further punitive damages (like last week’s $2 million jury verdict against bard). Of all the people injured by the transvaginal mesh used in surgeries, Wanda Queen suffered the most. She experienced extreme physical and emotional pain and deformity, as well as impaired physical relations with her husband, Plaintiff Greg Queen. The good news is that a settlement can’t be appealed, and the plaintiff will not have to endure further litigation.

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