Thursday, 23 May 2013 12:20

Homeowners File Class Action Lawsuit Over Fracking Sinkholes

By Justin Carson

A class action lawsuit against Texas Brine in Assumption Parish, Louisiana, is seeking damages based on salt mining tactics that could lead to potentially catastrophic sinkholes in the area. It is another reminder that mining and resource extraction can pose a potential danger to residents in many areas.

According to residents, the company used a solution to extract salt underneath the bayous in the area. The extent of the work brought the company's equipment to the edge of the cavern where the salt was located. It has also received national attention of a sort, not from news reports, but rather the History Channel reality show "Swamp People," which chronicles the month-long alligator-hunting season in Louisiana.

Wednesday, 22 May 2013 19:17

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Vaginal Mesh Implants May Damage Pelvic Organs

By Robert J. Boumis

 

Under certain circumstances, major organs may fall out of place. When this happens to the reproductive, urinary and digestive organs of the pelvis, this condition is called Pelvic Organ Prolapse or POP. Childbirth is a major cause of this injury. Several treatments exist for this and related maladies. In the 2000s, surgical mesh was promoted as a way to repair this damage. However, it has come to light that this surgical tool may have substantial drawbacks.
    
Surgical mesh may consist of either biodegradable material or long-lasting synthetic compounds. The biological meshes tend to be made from animal tissues like collagen. These meshes are usually designed to dissolve as the patients’ bodies heal from their injuries, leaving the patient free of mesh by the time their pelvic muscles have strengthened enough to hold their organs in place. Synthetic surgical mesh is not designed to degrade and is treated as a permanent medical implant. Complications have been reported from a number of manufacturers and designs of mesh, despite the wide range of surgical meshes available.

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Wednesday, 22 May 2013 11:00

Judge Sees Value in Female Mirena IUD Lawsuit Attorneys

By John Curran

Outside of a few men who join claims with their wives over Mirena IUD infertility side effects, the overwhelming majority of plaintiffs in the multidistrict litigation will be women. However, the current executive committee has no female counterparts among its panel of four. District Court Judge Cathy Seibel says that could represent a problem.

Plaintiffs in any cases, including those regarding the intrauterine device made by Bayer Pharmaceuticals, should focus chiefly on the relative experience in choosing legal representation. However, in the case of any contraceptive, this can become a double-edged sword. A male Mirena IUD lawsuit attorney may have the same access to experts, but the lack of understanding of the damage caused by organ perforation or an ectopic pregnancy can lead to issues.

Tuesday, 21 May 2013 14:59

Charles Schwab Omits Class Action Lawsuit Waiver

By Francis Matthews

For many consumers, they don't hold the power when it comes to signing contracts on things like an iPhone or Xbox Live service. Knowingly or not, they often sign away the ability to initiate a class action lawsuit if they fall victim to a defect product or service.

However, a combination of more clout and an investigation by the Financial Industry Regulatory Authority has led the investment bank Charles Schwab Corp. to remove its “no class action” clause requiring its clients enter into arbitration rather than go to the courts for redress.

Monday, 20 May 2013 11:00

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Caldera Medical Hit with Vaginal Mesh Injury Lawsuit

By Courtney Coren

 

A new vaginal mesh lawsuit was filed on May 3, 2013, in Los Angeles Superior Court against Caldera Medical by a woman who claims the company’s a Caldera T-sling vaginal mesh implant caused her serious and ongoing complications. The vaginal mesh lawsuit was brought by both the plaintiff and her husband, who also claims that his wife's complications have resulted in a loss of companionship with her.

The plaintiff received the Caldera T-sling vaginal sling implant on July 2, 2007, to treat her stress urinary incontinence (SUI) and pelvic organ prolapse (POP). After the surgery, the plaintiff claims she started experience complications from the vaginal mesh implant such as ongoing pain, cramping, painful intercourse, and a return of her urinary incontinence problem.

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Monday, 20 May 2013 11:00

New iPhone Class Action Accuses Apple, AT&T of RICO Violations

By Justin Carson

Omertà is the code of silence reportedly enforced by mafia bosses and their soldiers. To combat it, Congress passed the Racketeer-Influenced and Corrupt Organizations Act in 1970 to better connect higher-ups with actions they ordered underlings to do. However, a growing number of class action lawsuits, including those against AT&T and Apple, are also citing RICO violations.

The reason is that, in light of recent Supreme Court decisions that tightened rules for class certification, invoking the RICO Act actually strengthens the legal justifications needed for a case to move forward. This is the root of a new class action lawsuit claim that AT&T and Apple colluded to sell the iPhone 4 in spite of an alleged problem with the power button where it would fail after roughly one year to 18 months.