First Bellwether Trials in Xarelto Multi-District Litigation Scheduled for Early 2017

The first batch of cases in the Xarelto multi-district litigation are set to go forward in early 2017. Situated in the Eastern District of Louisiana, the multi-district litigation includes numerous cases from plaintiffs alleging that they suffered serious injuries as a result of taking Xarelto, an anti-coagulant drug manufactured by Johnson & Johnson. A multi-district litigation, or MDL, is similar to a class action in that multiple claims are grouped together when there are sufficient similarities. Unlike in a class action, however, the plaintiffs in an MDL maintain their status as separate cases, and each plaintiff must still prove his or her individual case. Damages are not awarded to the class in general but are awarded to each plaintiff depending on the strength and merit of each individual case.  Read More

Experts in Medical Case Allowed to Testify Regarding Cause of Death Even Though There Were Multiple Causes

Medical malpractice cases are extremely complicated because they involve a highly specialized knowledge of medicine and medical care. In a recent case, a medical malpractice claim was filed against a woman’s doctors after she died while in their care. The woman went to the emergency room at a hospital to seek medical treatment. The emergency room doctor ordered tests and diagnosed the woman with an incarcerated hernia and possible bowel obstruction, and he tried to reduce the hernia.  Read More

Nurse Escapes Liability Due to Sovereign ImmunityWe all depend on medical professionals to take care of us while we are in the hospital. However, what we may not realize is that some hospitals can escape liability just because the hospital is operated by the state. In a recent case, a man had surgery to reconstruct the back of his mouth at a state university hospital. He was then taken to the intensive care unit in the hospital to recover. The care required in the unit is complex because patients are often in very critical condition. Each nurse cares for two patients at most at a time. The nurses are required to closely monitor patients and carry out the orders given by the surgery team.  Read More

Student Hit While Crossing the Street to Board School Bus Entitled to Benefits Under Bus’ Insurance

School bus drivers’ duties may be considered to start and end with children getting on & off the bus. But school bus drivers may also be responsible for making sure that students safely cross the street when entering or exiting the bus. Recently , a court held that a bus driver’s duties extended to helping children safely cross the street, & the bus’ car insurance was required to pay benefits as a result. Read More