Dangerous Product alert: GM recall of Chevrolet Cobalt

General Motors announced last month that is has recalled the Chevrolet Cobalt which has been linked to fatal accidents due to a faulty ignition switch. This ignition switch issue has been linked to at least 13 deaths. The problem is attributed to heavy key rings which can accidentally pull the key into the "off" position, an issue which can also happen when the car goes over a bump, disabling the car’s airbags. According to the Los Angeles Times, GM said in a statement that all of the crashes occurred off-road and at high speeds.  Evidence revealed that GM may have been aware of the problem as early at 2004, but just recently issued the recall.

Dangerous Drug Update: Jury Awards $3 Million in Topamax Birth Defect Case

A Philadelphia jury awarded $3 Million to a family of a five year-old girl who suffered a severe cleft lip and cleft palate birth injury due to the mother’s use of Topamax during pregnancy.  The jury found that the drug maker, Janssen Pharmaceuticals, a subsidiary of Johnson and Johnson, failed to warn the public about the risks of Topamax during pregnancy.

Topamax is prescribed for severe migraines and as an anti-seizure medication. Annual sales of the drug were over $2 billion.  Evidence and arguments at trial suggested that Janssen ignored important red flags about risk of birth defect and only updated their warnings after the FDA forced them to do so.

Johnson and Johnson’s Janssen company was ordered to pay $4.02 million in an October, 2013 verdict and $11 million in a November, 2013 verdict in two other Topamax birth defect cases.

Victory for Asbestos Victims: Washington Court of Appeals Decision

On March 3, 2014, Washington’s Court of Appeals handed down an opinion favorable to hardworking people exposed to asbestos. In Farrow v. Flowserve USA, Inc., a case handled by SGB’s asbestos trial attorneys, Kristin Houser, Tom Breen, and Bill Rutzick, Division I reversed a trial court’s decision that originally favored corporate defendant Flowserve. The newly published case is important because it holds that so long as other corporate defendants have a similar motive when examining an adverse witness, the testimony of the witness can be used against a corporate defendant who for whatever reason did not attend the first deposition. A party wishing to use the testimony must show that those who were present at the deposition had a similar motive (e.g., to discredit the witness) as those who did not attend the deposition would have had.

There’s no question: when it comes to making good law on Washington asbestos cases, no other law firm has a track record like SGB. As the law firm with the longest tenure championing the rights of Washington victims of mesothelioma, this victory is particularly gratifying. In an era when an asbestos law firm will travel the globe looking for mesothelioma cases, we’re content to do what we do best – representing mesothelioma victims who live right here in our home state, Washington .

Dangerous Drug Alert: Acetaminophen-the key ingredient in Tylenol and other pain and fever drugs-used during pregnancy may be linked to ADHD in children

As an attorney that handles both product liability cases and birth injury medical malpractice cases, this story shocked me.  According to a new study published in JAMA Pediatrics, acetaminophen used during pregnancy—the key ingredient in Tylenol and other pain and fever drugs—may be linked to ADHD in children. Researchers found that children of mothers who used acetaminophen during pregnancy were 37% more likely to be diagnosed with hyperkinetic disorders, 29% more likely to use ADHD medications, and 13% more likely to exhibit ADHD-like behaviors at age 7 years. According to The LA Times “the risk increased the most – by 63% – when acetaminophen was taken during the second and third trimesters, and by 28% when used in the third trimester alone.” When taken just during the first trimester, however, “the added risk was 9%.” The study came out of Denmark where over 64,000 women participated and over half took the drug during pregnancy.  The drug is thought to interfere with hormone systems that ultimately alter brain development. Correlation does not necessarily mean causation.  As The USA Today reports, more study is needed to prove a cause and effect relationship, but pregnant women will no doubt think twice now about using acetaminophen.

Dangerous Product Update: Judge Throws Out Trans-Vaginal Mesh Case; Appeal Expected

Preliminary reports out of Charleston West Virginia are that U.S. District Judge Joseph Goodwin has granted a “directed verdict” for Johnson and Johnson in the “pelvic mesh” or “trans-vaginal mesh” (TVM) trial that had been underway in that state.  In a move that is very likely to be appealed, the judge apparently took the decision away from the jury stating that the plaintiffs failed to present sufficient evidence to support her claim that a defect in the J&J “TVT Retropubic sling” caused her injury. Judge Goodwin is handling about 50,000 cases over the implantation of trans-vaginal mesh as part of the federal “multi district litigation” (MDL).

The ruling comes as a shock to many, given the link between the use of these trans-vaginal mesh products and vaginal injury.   The ruling is particularly surprising given that a New Jersey jury in state court ordered J&J’s Ethicon to pay a woman implanted with trans-vaginal mesh $3.35 million in compensatory damages and $7.76 million in punitive damages, so there was clearly enough evidence for that jury to reach the conclusion that J&J’s TVM products cause injury.  What is worse, the Court ignored its own ruling that J&J improperly destroyed documents about some vaginal mesh implants.

Though disappointing, the battle over this controversial product will continue.  The next trial is set for April against American Medical Systems, according to the federal court calendar. SGB and firms like it will not be deterred by this setback and will continue to fight for the rights of the women who have suffered injuries due to trans-vaginal mesh.