Attention Texas Property Owners – FILE NOW

By Cindy Nations
August 30, 2017

To our friends in Texas. The Texas insurance laws are changing this week. FILE your property damage claims BEFORE FRIDAY SEPT 1st. Any claims filed after tomorrow will be under the new law. The new law, HB 1774, reduces your protection and remedies against the insurance company should they deny your claim or drag their feet in processing and paying valid claims. File with every property insurance company you have. Flood insurance is sold separately from your homeowner’s policy. Property owners along the coast may have an additional policy with the Texas Windstorm Insurance Association. THIS IS NOT A SCAM.

Click here for more information: Hurricane Harvey

ACTOS CASE UPDATE

By Buck Daniel

August 14, 2013 – Since our last update, several big developments have occurred in the nationwide Actos litigation. The first Actos lawsuit was tried outside of the MDL in Los Angeles, California, where the plaintiff, like all of our own clients, alleged that Takeda failed to warn him of the risks associated with Actos. This lawsuit ended with a verdict for the plaintiff, but the California judge in that case overturned the verdict on a legal technicality. The California case is an example of why it can be dangerous to  file cases outside of a consolidated group, such as the MDL or Illinois state court. However, even though the plaintiff lost that particular case, we see it as a win for our clients, and the remaining plaintiffs, as we can easily spot and avoid the issues that arose during that trial.

The bellwether trial cases mentioned in our last update have now been officially set for January 27, 2014 and April 14, 2014.  Hopefully at the conclusion of these trials, Takeda will take action towards resolving the remaining cases throughout the country. For now, most of our clients are in the process of completing the court ordered Plaintiff Fact Sheets that include a brief personal and medical history. This is the next step in successfully bringing an Actos claim, and one that is essential. So if you are a client and have not completed a Plaintiff Fact Sheet, please be in contact with our office immediately.

ASR Trial Verdict: What Does it Mean for Your ASR Hip Case?

Posted by Kim Truongle

March 9, 2013 – As reported in this blog yesterday, a jury in California returned a verdict for the Plaintiff for nearly $8.34 million.  $8 million of that figure was awarded for non-economic damages, including physical pain and emotional suffering and distress.  The jury agreed the ASR hip was defectively designed and the warnings regarding the risks of the implant were inadequate.  The verdict was awarded after successful arguments by the Plaintiff’s attorneys to overcome defense attempts at blaming the method of implantation and the Plaintiff’s other health conditions.  This is a large victory for the California Plaintiff, as well as for all other Plaintiffs who have an ASR case pending against DePuy and Johnson & Johnson.

What does this first trial verdict in an ASR case mean for your hip case?

Does this mean my case will gross millions of dollars? 

No.  The amount of this verdict has NO immediate bearing on the value of individual cases.  It is important to remember that trials involve very specific facts; some of them may be applicable to you, and some may not.  Additionally, case expenses are usually borne by the client, meaning that the costs of bringing this Plaintiff’s case to trial will most likely come out of the funds he ultimately receives – trying a case against DePuy, Johnson & Johnson, or any pharmaceutical company is not cheap.

The real impact this verdict has on the individual cases is that it is a weight that can push the Defendants to come to the negotiating table.  This does not mean they will settle the cases immediately, but it is a force that may push them towards negotiations sooner than later.

When will my ASR hip trial occur? 

The likelihood of your individual ASR hip case going to trial is low.  There are many cases ahead of you in the court system, and the Judges overseeing the state and federal consolidations selected trials from the earliest cases in their courts, long before we came to know of you.  However, this does not necessarily mean you will have to wait longer than most others for resolution of your claim.  For cases like these with many claimants around the country, our experience is that if we reach a settlement, the defendants will likely negotiate a settlement of all our firm’s cases at once.  This does not mean everyone we represent, nor everyone around the country, will necessarily gross the same amount.  This is not a class action.  We will post more information explaining the possible settlement process when the time for negotiations nears and is more appropriate.  We are not at that stage of these cases yet.

With yesterday’s verdict in California, the Plaintiffs are on the right track in this litigation.  For additional questions on your ASR hip case, please call us at (800) 269-3050.