We were greatly disappointed to learn that the United States Court of Appeals for the First Circuit has denied the plaintiffs’ appeal in the Zofran litigation. This ruling upheld the MDL judge’s decision dismissing the cases under the doctrine of “clear evidence preemption.” As a result, after eight years of fighting on behalf of injured …
Exactech Expands Orthopedic Hip Implant Recall
As you may recall, in July 2021, Exactech issued an urgent worldwide recall regarding its Connexion GXL hip implant due to the inserts being stored in “non-conforming” vacuum bags. As stated in the recall letter – in Exactech’s own words – the consequence of the defective bags is there is: Increased oxygen diffusion to the …
President Biden Signed the PACT Act Into Law — August 10, 2022
President Biden signed the PACT Act today after Senate Republicans relented to pressure from veterans groups and activists. The Act gives Camp Lejeune victims a 2-year deadline from today to file their civil lawsuit. This means that all Camp Lejeune victims will have until August 10, 2024, to bring their claims under the Act. From …
Zofran – Update on the Appeal — Briefs Attached
Recap of Zofran MDL By way of recap, on June 1, 2021, Judge Saylor, the federal court judge overseeing the Zofran multi-district litigation, granted the GSK’s motion for summary judgment on the issue of federal preemption. The core of Judge Saylor’s reasoning is that Judge Saylor believed that there was “clear evidence” that had GSK …