The Law Blog of Plaintiff's Attorney Max Kennerly
It’s that time of year again. The United States Supreme Court, the least productive court in the nation, is back on summer recess until October. Let’s review what they imposed upon us over the past nine months.
I’ve written before about the problems with the Supreme Court. They change the rules of their own…
Sometimes, a law blogger has to look for compelling legal issues to write about, and sometimes the issues come to them, like when Lady Gaga gets hit with a class action for fraud:
The $5 million class action suit alleges that Gaga and her co-defendants, including Universal Music Group and its merchandising company, Bravado,
…
You would think that headline was in The Onion, but sadly it’s real:
NASHVILLE, Tenn. (AP) – State lawmakers in country music’s capital have passed a groundbreaking measure that would make it a crime to use a friend’s login — even with permission — to listen to songs or watch movies from services…
Felix Salmon isn’t impressed by the explanation of how the NYTimes found emails intended to be delivered to former Goldman Sachs trader Fabrice Tourre. As a reminder, as the NYTimes puts it, Tourre earned "the dubious distinction of becoming the only individual at Goldman and across Wall Street sued by the Securities and Exchange Commission…
Although the big financial meltdown began around 2007, financial fraud lawsuits are still all the rage among trial lawyers these days. It usually takes a couple months for an investor to realize they’ve been swindled by a bank and a couple years for the lawsuits to be investigated, filed, litigated, and then sent to trial. …
…
[Update, May 31, 2013: The Pennsylvania Superior Court, reviewing the case on appeal, ordered the trial court to further explain the basis for entering nonsuit against the plaintiffs. It’s not a victory, exactly, but it’s a step in the right direction, and perhaps a prelude to reversal (or the trial judge…
[Update, December 2012: as predicted, case dismissed, and dismissal just affirmed by the Second Circuit. The court didn’t even reach the class action issue, it just denied it on the merits. “[P]laintiffs were perfectly aware that The Huffington Post was a forprofit enterprise, which derived revenues from their submissions through advertising. Perhaps most importantly,…
[Update: Unfortunately, the “Fair Share Act” passed. Stuart Carpey has some details.]
It’s that time of year again. As The Legal Intelligencer and other sources report, Pennsylvania’s joint and several liability laws — which ensure that the economic damage caused by negligent companies falls on insurers and other defendants proven to have…
They say you learn something new every day. Here’s what you’re going to learn today:
Over-the-counter Motrin can burn the skin off your face.
Commonly prescribed drugs like the yeast-infection treatment Nystatin and the antibiotic Azithromycin can do the same. All of them, and over a dozen other drugs, can also cause ulcers and lesions to develop on the membranes in your mouth and on your lips, making it impossible to eat.
Take a step back and think of how many of those you took in the last year. Who didn’t take Motrin or some other ibuprofen in the past year?
Who didn’t give it to their kid?
Janet Leland gave Children’s Motrin to her nine year old daughter, Kiley Wolfe, just like her pediatrician told her to, to relieve headache, stomach pains, and a fever. As the District Court for the Eastern District of Pennsylvania described last week:
Despite taking Children’s Motrin, plaintiff’s symptoms did not improve. Instead, she developed a rash on her cheeks. Nonetheless, nurses at plaintiff’s pediatrician’s office advised Leland to continue administering the drug to plaintiff. Leland proceeded to give plaintiff doses of Children’s Motrin until Saturday, June 1, when she noticed blisters on plaintiff’s ears while the family was staying in Boston.
Later that day, Leland took her daughter to Boston Children’s Hospital. Doctors there diagnosed her with Stevens-Johnson Syndrome (‘SJS’) [2] While hospitalized, plaintiff exhibited symptoms of acute Vanishing Bile Duct Syndrome (‘VBDS’). [3] Because of damage to her liver, plaintiff eventually required a liver transplant.
FOOTNOTES
2 SJS is ‘a rare, serious disorder in which your skin and mucous membranes react severely to a medication or infection.’ Mayo Clinic, Stevens-Johnson Syndrome, http://www.mayoclinic.com/health/stevens-johnson-syndrome/DS00940 The disease is ‘sometimes fatal.’ Dorland’s Illustrated Medical Dictionary 1833 (30th ed. 2003).
3 VBDS is a condition where the bile ducts in the liver are destroyed.
Wolfe v. McNeil-PPC, Inc., 2011 U.S. Dist. LEXIS 34714, at *4–5 (E.D. Pa. Mar. 30, 2011).
Continue Reading Failure To Warn Quiz: Do You Know Children’s Motrin Side Effects?