Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Amanda Bronstad | August 18, 2017
A jury in the third bellwether trial over the blood thinner Xarelto has sided with defendants Janssen Pharmaceuticals Inc. and Bayer – again. The verdict, rendered on Friday, came about three hours after the jury began deliberating and despite the absence of star defense attorney Beth Wilkinson.
By Max Mitchell | August 17, 2017
Ethicon, the main defendant in the pelvic mesh mass tort in Philadelphia, is appealing a judge's decision to revive a suit that initially ended in a win for the manufacturer.
By Larry E. Coben | August 10, 2017
Automobile manufacturers are legally obligated to design, build and sell vehicles that are crashworthy, as in Gaudio v. Ford Motor, 926 A. 2d 524 (Pa. Super. 2009), appeal den., 989 A. 2d 917 (2010). Crashworthiness is the designed protection a vehicle affords occupants against injury or death in a collision, as in Harsh v. Petroll, 840 A.2d 404, 417-418 (Pa. Commwlth 2003). If a motorist or passenger is involved in a collision and she suffers enhanced injuries, the vehicle manufacturer will be liable for those injuries—if the producing harm was caused by a defective design, as in Hutchinson v. Penske Truck Leasing, 876 A. 2d 978 (Pa. Super. 2005), aff'd. 592 Pa. 38 (2007). Before the 2011 amendments to the Pennsylvania Comparative Negligence Act, the tortfeasor causing the accident and the tortfeasor-manufacturer whose product enhanced the injuries were jointly and severally liable. Thus, if a jury found the offending driver 80 percent liable and the vehicle's faulty design 20 percent liable (for the purpose of perfecting a claim for contribution) for the enhanced injury, the victim could recover the full amount of the verdict from either party. However, in 2011, the legislature altered the common law and passed 42 Pa. C. S. 7102 (a.1) and (a.2) to establish several liability based upon jury apportionment of each defendant's liability, 42 Pa. C. S. 7102 (a.3) allows for joint and several status of a defendant found "not less than 60 percent" liable. The question that has not been addressed in connection with the doctrine of crashworthiness is whether apportionment of liability is appropriate when the plaintiff's harm is divisible or indivisible? As set forth below, the most logical answer is: no.
By Max Mitchell | August 7, 2017
The judge overseeing the pelvic mesh mass tort in Philadelphia has agreed to reconsider the state court's jurisdiction over 91 cases pending in the venue.
By Max Mitchell | August 3, 2017
The father of a man who died from an opiate-related overdose has asked the Pennsylvania Superior Court to reinstate his case against drugmaker Teva, over the marketing of its powerful fentanyl lozenge Actiq.
By Max Mitchell | July 24, 2017
An Ohio woman suing Johnson & Johnson over its surgical pelvic mesh has won a damages hearing a little more than a month after a jury found the product did not cause her claimed damages.
By P.J. D'Annunzio | July 24, 2017
A federal appeals court has ruled that security company ADT and appliance maker Honeywell could not be held liable for an alarm system that failed to activate during the theft of a couple's gun ultimately used to murder the mother's son.
By Max Mitchell | July 24, 2017
Three plaintiffs suing Boston Scientific in Philadelphia over allegedly defective pelvic mesh have agreed to litigate their cases elsewhere in light of the latest jurisdictional pronouncement from the U.S. Supreme Court.
By Max Mitchell | July 19, 2017
The high-profile litigation in Missouri over talcum powder might be beginning to cool down, thanks to a recent U.S. Supreme Court decision, but a talc-related litigation in Pennsylvania is beginning to heat up, and may set a pattern for a growing area for tort claims.
By Max Mitchell | July 18, 2017
Pharmaceutical companies facing more than 100 lawsuits in federal court over improperly labeled birth control pills want the plaintiffs to provide pre-discovery information linking their claimed injuries to the defendants' products.
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