November 21, 2007

Boston Scientific Increases Amount of Guidant Settlement

The Massachusetts-based medical device company that bought Indianapolis-headquartered Guidant in 2006 recently announced it will pay an additional $45 million into a fund to settle more than 8,500 products liability claims.

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November 21, 2007

Kugel MDL Is Organized in Rhode Island

Recently, the panel of federal judges that oversee consolidation of products liability cases throughout the country consolidated cases involving the Kugel Mesh Patch in the District of Rhode Island.

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November 11, 2007

Merck Agrees to Settle Vioxx Litigation for $4.85 Billion

On Friday, Merck & Co., Inc. announced that it had agreed to settle thousands of lawsuits filed against the company by patients who took Vioxx and suffered either a heart attack or stroke. While this sounds like a lot, it is far less than original estimates of liability the company faced when it withdrew its blockbuster arthritis drug on September 30, 2004.

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November 5, 2007

Dram Shop Act

Did you know that in Indiana, any bar or restaurant who knowingly serves alcoholic beverages to someone who appears to be intoxicated can be sued if that person then is involved in an automobile accident with another person and injures or kills the other person? They can according to Indiana Code § 7.1-5-10-15.5(b)(1)-(2). In addition, bars can be found liable if the person drinking is over 21 or older and suffers injury or death due to the overintoxication. Indiana Code § 7.1-5-10-15.5(c).

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November 5, 2007

Wrongful Death Action

An acquaintance of mine recently asked me whether it was appropriate to bring a wrongful death action on behalf of someone’s estate even though criminal charges had not yet been filed against a defendant.

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