Law360 recently published an article written by attorney Altom Maglio titled, “A New Way Forward For COVID Vaccine Lawsuit Immunity.” The article explores the upcoming changes as legal protections for COVID-19 vaccine manufacturers and administrators under the PREP Act come to an end. These protections, which have largely prevented lawsuits, are now expiring. The article […]

On Tuesday April 30th, the Department of Justice announced that the Attorney General intends to reclassify marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act (“CSA”). This could be an important change to the way that cannabis is regulated at a federal level, but its effects may not […]

The family of a man from Oregon, who died after using kratom, is seeking $10 million in damages through a wrongful death lawsuit. This case is against a Portland, Oregon area head shop chain and unnamed individuals. The family’s demand for compensation is in line with past cases, including a recent $11 million award in […]

Attorney Talis Abolins from mctlaw testified before the Maryland House of Delegates this afternoon over a bill that does not go far enough to protect the public from kratom. House Bill 1229, also titled “Kratom Consumer Protection Act,” went before the Maryland Health & Government Operations Committee today. It’s a first step in a much longer legislative […]

Mctlaw is honored to announce the promotion of attorney Michael Cowgill to a partnership position. Mctlaw is nationally recognized for its work in complex litigation including  product liability, defective hip and knee replacements, kratom wrongful death lawsuits, vaccine injury compensation, and representation of Native American tribes. Michael Cowgill’s promotion to partner at mctlaw is the […]

Mctlaw is honored to announce the promotion of attorney Jessica Olins to a partnership position with the Firm. Ms. Olins is an attorney in the firm’s vaccine injury compensation division. Jessica’s advancement is a testament to her outstanding legal achievements and commitment to her clients.   Since joining mctlaw as an associate in 2016, Ms. Olins […]

Thousands of people with Exactech recall lawsuits across the country could benefit from an unprecedented legal strategy to coordinate bellwether trials between a Florida state court and a federal Multi-District Litigation process. A bellwether trial is a test case used to understand how future trials may turn out. This can help both sides find a […]

CBS News Investigative reporter Mark Strassman talked to the family of Dusin Hernandez, who tragically died from the toxic effects of kratom. Strassman also interviews mctlaw attorney Talis Abolins, who explains that the people using kratom are putting their trust in an industry that commits fraud to import the product. Click on the image below […]

A second kratom wrongful death lawsuit has been filed in Cowlitz County, WA following the tragic death of 37-year-old Jordan McKibban. The lawsuit involves multiple defendants, including manufacturers and sellers of kratom brands such as Whole Herbs kratom capsules and Hush Kratom liquid shots, as well as a bulk kratom powder sold by Cloud House […]

Right now, there is a bill in Congress called the “Kratom Consumer Protection Act.”  Despite its name, this bill does not protect consumers at all. Instead, it protects the companies that make and sell kratom. You can tell lawmakers to vote NO on this bill, so it does not become a law. The American Kratom […]

The United States Patent and Trademark Office (USPTO) is not the first place tribes and practitioners of traditional knowledge have historically turned to protect Indigenous culture. The USTPO operates mainly to commodify, quantify, and draw borders around who may know what, in the service of protecting proprietary knowledge. Tribal cultural knowledge generally does not operate […]

The attorneys at mctlaw argue that the Countermeasures Injury Compensation Program (CICP) is a failure and unable to effectively compensate people with COVID-19 vaccine injuries. Instead, these cases should shift to the Vaccine Injury Compensation Program (VICP) which has a 35-year proven track record. A recent lawsuit to fix the Countermeasures Program is pointless when the VICP […]

Grant To Be Used for a United Keetoowah Band of Cherokee Indians Juvenile Healing to Wellness Court We are thrilled to report that the United Keetoowah Band of Cherokee Indians in Oklahoma (“UKB”) recently received a substantial grant from the Department of Justice to continue their court development project. Mctlaw attorney Sophie Asher played a […]

Helping Tribes Make Modern Constitutions and Improve Tribal Governing Documents Attorney Jeffrey Nelson from the Firm’s Indian Law group discusses the history of the Mattaponi Tribe in Virginia, as well as their recent election under their newly drafted election code and constitution. He highlights the importance of tribal governance documents written for and with the […]

Leading national litigation firm, mctlaw, proudly announces the appointment of partners Danielle Strait, Ilyas Sayeg, and Jeffrey Nelson to its Attorney Management Team. Their leadership will strategically drive the firm’s continued growth and success. “These attorneys represent the core values of mctlaw,” remarks founding partner Altom Maglio. “They will help guide us with integrity, excellence, […]

On May 15, 2023, the Department of the Treasury announced that it would be holding consultation sessions on the status of tribally chartered corporations. Two consultation meetings were held via conference call in June.  The Department will be receiving written comments until Friday, August 18, 2023.  This is an important opportunity of which all tribes […]

The Native American Housing Assistance and Self Determination Act (NAHASDA) is THE law that funds housing for Native American people through block grants, special loan programs, and other funding sources. It had not been re-authorized since 2013. Last Thursday, July it was re-authorized with a bipartisan vote of 86 to 11—a significant renewal on its […]

It was recently announced that the Tulalip Tribes of Tulalip, WA had entered into a partnership with a local dairy farm to operate a dairy digester that decomposes manure and food waste and turns them into renewable energy that is used to provide energy to about 700 nearby homes.  The digester also produces a high-grade […]

(COWLITZ COUNTY, WA – July 19, 2023) A Washington state jury awards a groundbreaking $2.5 million dollar verdict in a kratom wrongful death case. On Tuesday, July 18th, a twelve-person jury found defendants Wendianne Rook and her company, Society Botanicals, LLC, liable on four claims arising from the kratom death of 39-year-old Patrick Coyne. This is […]

(West Palm Beach, FL – July 27, 2023) A Florida judge orders a kratom distributor to pay more than $11-million dollars in a wrongful death lawsuit (US District Court, Southern District of FL, Case No. 9:22cv-81731). Judge Donald Middlebrooks issued a final default judgment against Grow, LLC, and Sean Michael Harder, owner and operator of […]

The Supreme Court recently issued one of its more frightening Indian law decisions in Arizona v. Navajo Nation. The decision holds that the although the Navajo Nation Treaty of 1868 reserved the necessary water to accomplish the purposes of the Nation and the United States in creating the Navajo Reservation, it does not require the […]

Only 1 single person in the United States with COVID-19 vaccine injuries was compensated by the Countermeasures Injury Compensation Program (CICP) since April 2023. There are still 11,806 people waiting to find out if their claims will be approved. The newest “update” awards only $3,957 to a person diagnosed with Myocarditis after getting the COVID-19 […]

Today the Supreme Court upheld the Indian Child Welfare Act (“ICWA”) in its 7-2 decision in Brackeen v. Haaland. This case, brought by the State of Texas and individual plaintiffs seeking to adopt Indian children, challenged the constitutionality of the ICWA. The Supreme Court rejected every challenge raised by the plaintiffs either through outright affirmation […]

After the Supreme Court overturned the federal ban on sports wagering in 2018, sports wagering not only exploded in popularity but was also quickly launched into the 21st century with the proliferation of online sportsbooks, particularly mobile app-based sports betting platforms. It is impossible to turn on the TV without being flooded with advertisements for […]

On May 30 Minnesota became the 23rd State to legalize recreational cannabis. It joins a much smaller list of states that included Tribes in their cannabis regulatory scheme. One perk that Minnesota Tribes will enjoy under this new law (that is not the case in Washington state) is that Tribes can enter into tax agreements […]

Washington, DC May 11, 2023 – Mctlaw won more than $2 million in Vaccine Injury Compensation Program awards for 12 of our vaccine injury clients since January.  These clients experienced severe life altering reactions, including: Intussusception, Shoulder Injury Related to Vaccine Administration (SIRVA), Acute Disseminated Encephalomyelitis (ADEM), Guillain-Barré Syndrome (GBS), and Thrombocytopenic Purpura. The vaccines […]

The Mattaponi Indian Tribe of Virginia held a groundbreaking election on April 29th, 2023, where voting members unanimously elected their first-ever written constitution, drafted with the assistance of mctlaw attorney Derril Jordan. This landmark election represents a significant step towards the Tribe becoming federally recognized. With 35 years of experience in Indian law, Jordan is a member […]

A Federal Judge sanctions Johnson & Johnson for leveraging the court system to delay a Pinnacle hip replacement lawsuit and wasting the plaintiffs’ time and money on an issue that he finds “objectively unreasonable.” Judge Ricardo Martinez even ruled J&J pay the plaintiff’s legal fees in this matter (Case No. C22-01406 RSM – United States […]

Going Off the Rails – Misuse of Railway Easements in Indian Country – If You Missed it at RES 2023 If you weren’t able to attend RES 2023, then we’ll bring RES to you. Here’s a recap of our panel discussion “Going Off the Rails – Misuse of Railway Easements in Indian Country,” hosted by […]

A negligence ruling by a Washington State Judge in a kratom wrongful death lawsuit is the first of its kind in the United States. Judge Gary Bashor entered a summary judgment against Society Botanicals, finding the Oregon company negligent due to “inadequate warnings and instructions” on the packaging of their product, Kratom Divine.  Thirty-nine year […]

Our vaccine injury lawyers can represent you in the Vaccine Injury Compensation Program (VICP) no matter where you live in the country. We help people in every state get compensation for serious side effects to vaccines.  If you’ve experienced a severe vaccine reaction lasting more than 6 months, you might qualify for a payout from […]

Attorneys at mctlaw win a legal victory for people across the country in the Pinnacle hip replacement litigation. A federal judge ruled that 33 cases could be reinstated against Johnson & Johnson in New Jersey state court where J&J is headquartered. This means people from around the country may be able to file lawsuits in […]

An Alachua County judge ruled against Exactech’s attempt to limit who can file a lawsuit in Florida this week (Case No. 01-2022-CA-2670). This decision opens the door for anyone in the country to file the claims in the consolidated lawsuit in Gainesville, Florida.  Lawyers for Exactech, a Florida company based roughly 5 miles from the […]

Ennis, TX – (Nov 28, 2022) The family of a 29-year old Texas man, Dustin Hernandez, who died after drinking kratom tea, has filed a wrongful death lawsuit in Ellis County Court (Case No. 109825). The lawsuit alleges that Dustin Hernandez’s death was caused by kratom products imported, distributed, and sold by Jacob Fletcher; Shaman […]

PALM BEACH, FLA. (PRWEB) NOVEMBER 28, 2022 The family of a Palm Beach County woman has filed a wrongful death lawsuit (Case No. 9:22cv81731) against Sean Michael Harder, of Grow LLC (d/b/a KD Incorporated and The Kratom Distro). The lawsuit alleges that Mr. Harder’s kratom products are responsible for the death of 39-year-old mother of […]

Today, mctlaw appellate attorney Jennifer Maglio appeared before the Ninth Circuit Court of Appeals in Seattle on behalf of the Sauk-Suiattle Indian Tribe. She presented oral argument in the appeal of a sub-proceeding in U.S. v. Washington, the well-known treaty fishing rights case in the State of Washington. The Tribe’s appeal concerns whether the Tribe […]

mctlaw recently completed the trademark registration for the word “Keetoowah ” on behalf of the United Keetoowah Band of Cherokee Indians (UKB). It is now registered with the U.S. Patent and Trademark Office. This new trademark comes after mctlaw also helped the UKB register for trademark protections on their tribal seal. Mctlaw attorney Sophie Asher […]

The Court overseeing the consolidated Exactech case lawsuits in Florida has appointed Ilyas Sayeg, partner at mctlaw, as “Co-Lead” of the litigation. (Case No. 01-2022-CA-2670). These lawsuits involve recalled hip, knee, and ankle implants with faulty plastic components. The use of similar plastic components in implants like these is generally regarded as the “gold standard” and provides […]

Justice is moving swiftly for plaintiffs in the Exactech hip, knee, and ankle litigation. The first trial date is set for November 6th, a little more than a year from now. Mctlaw attorney, Ilyas Sayeg won arguments to move all FL Exactech lawsuits into a consolidated master case in the Eighth Judicial Circuit of Florida (Case No. 01-2022-CA-2670). Further, […]

Recently, an article published in the August Issue of “Food and Drug Law Journal” titled Immunizing the Immunizers: How COVID-19 Vaccine Injury Claims and the CICP Will Increase Anti-Vaccine Sentiment in the United States and How HRSA Can Prevent It, described several ways that the Countermeasures Injury Compensation Program (CICP) could change the way it […]

In July, mctlaw‘s Indian law practice group attorneys Jeffrey Nelson, Derril Jordan, Sophie Asher, and Kehl Winkle visited the Sauk-Suiattle Indian Tribe, one of the firm’s tribal clients, at the Tribe’s Reservation near Darrington, Washington. After a meeting with members of the Tribal Council, they accompanied Tribal Council member Kevin Lenon into the backcountry to […]

Gulfside Bank recently highlighted the bank’s relationship with mctlaw in the Business Observer. The bank covered mctlaw’s national scope, litigation focus, and technology prowess.  The bank extensively quoted the founding partner of mctlaw, Altom Maglio. “We’ve always taken on uneven matches against bigger adversaries from huge multinationals to federal agencies with virtually unlimited litigation budgets,” […]

Mctlaw Attorney Michael Cowgill was recently interviewed by radio host Juan Pablo Salas on La Numero Uno 99.1 FM, 1280 for their business segment. They discussed the matters mctlaw handles in the Sarasota County area and nationwide. Attorney Cowgill discussed wrongful death litigation involving Kratom, which is often sold as a powder, tea, or pill, and is marketed […]

mctlaw recently completed the trademark registration for the United Keetoowah Band of Cherokee Indians’ insignia, or seal. It is now registered with the U.S. Patent and Trademark Office. The tribal seal is the official emblem of the UKB. The UKB places its seal on almost everything — including official correspondence, flags, T-shirts, tribal government vehicles, […]

On June 14, 2022, the Department of the Interior published notice of the Sauk Suiattle Indian Tribe Gaming Compact Amendment that now authorizes the Tribe to operate sports betting. Attorney Kehl VanWinkle authored this amendment and testified before the State Legislature on behalf of our clients, the Sauk Suiattle Indian Tribe. You can review the […]

Sarasota, FL — (June 3, 2022)—A legal victory by attorneys at mctlaw means current and future Pinnacle hip replacement plaintiffs across the country will no longer have to wait years to begin pursuing their rights.  In 2011, a “Multi-District Litigation” was created in federal court to coordinate the many thousands of cases being filed over DePuy’s “Pinnacle” metal […]

Kehl Van Winkle of mctlaw just completed a long-standing goal of the Sauk-Suiattle Indian Tribe by finalizing an Alcohol Sales Memorandum of Understanding with the State of Washington.  Alcohol sales have never before been allowed on the Sauk-Suiattle Reservation, which was created in 1984.  But under the terms of the new MOU, the Tribe will […]

mctlaw recently learned that the funding request our legal team helped submit for the United Keetoowah Band of Cherokee Indians was approved by the Bureau of Indian Affairs (BIA). The BIA is providing the United Keetoowah Band of Cherokee Indians Tribal Court with $237,401 for use in their tribal court program services. That’s $47,401 more […]

(SARASOTA, FL) March 22, 2022 – Attorney Altom M. Maglio was recently appointed to the Gulf Coast CEO Forum. Maglio is the managing partner at mctlaw, a national litigation law firm headquartered in Sarasota. The CEO Forum is made up of Chief Executive Officers who lead larger businesses on the West Coast of Florida. The […]

SARASOTA, FL — (March 16, 2022) – mctlaw announces the addition of attorney Catherine Costigan to the Firm’s Vaccine Injury practice. Ms. Costigan comes to mctlaw from the New York County Defender Services with extensive experience as a lead attorney, representing clients in felony and misdemeanor cases and trials. She successfully represents clients in tough […]

Source: Law360 Law360 (March 15, 2022, 6:02 PM EDT) — The heads of two Oklahoma tribes have asked a D.C. federal judge to hand them a win in a suit against them and the U.S. Department of the Interior by four other tribes challenging their gambling compacts with the governor, saying the case lacks legal […]

Lawsuit Alleges the Recalled Exactech Connection GXL hip system are Defective Sarasota, FL — (March 8, 2022)—Three women say the Exactech hip replacements surgically implanted in their bodies were defective and the company knew about it but never warned them or their surgeons. The plaintiffs experienced pain, decreased range of motion, and bone and tissue […]

mctlaw has the honor of nominating Kristie Bradley, from the United Keetoowah Band of Cherokee Indians (UKB), for the 2022 Native American 40 Under 40 award. Kristie is the UKB’s Tribal Court Administrator, and she has shown extraordinary leadership, perseverance, and dedication to her mission to expand the UKB’s Tribal Court, all while dealing with […]

The Appellate and Indian Law Groups at mctlaw have filed an Opening Brief before the Ninth Circuit on behalf of the Sauk-Suiattle Indian Tribe of the State of Washington.  The issue on appeal is whether the Sauk-Suiattle have treaty fishing rights in the Skagit River.    The 1855 Treaty of Point Elliott guaranteed all of […]

mctlaw EXPANDS ITS CIVIL LITIGATION AND APPELLATE PRACTICES SARASOTA, FL — (February 14, 2022) – Mctlaw announces the addition of two attorneys to our expanding litigation, trial, and appellate law practices. Tamara J. Williams and Benjamin Christian join the Firm’s Sarasota, FL office. Tamara J. Williams joins mctlaw as an experienced litigator and trial attorney. Ms. Williams has served as lead counsel in over 50 county and circuit court cases as a […]

The family of 39-year-old Patrick Coyne, from Castle Rock, WA, filed a wrongful death lawsuit alleging he died from taking Kratom Divine products. The complaint alleges Coyne, a husband and father of 3, was found dead in his recliner after drinking Kratom Divine’s Maeng Da tea. The complaint describes how his wife and father-in-law spent […]

Attorney Altom Maglio to Speak at European International Legal Conference About the Benefits and Pitfalls of the U.S. Vaccine Injury Compensation Program Attorney Altom M. Maglio of mctlaw, the leading vaccine injury law firm in the United States, is a featured speaker at the 2021 Pan European Organisation for Personal Injury Lawyers (PEOPIL) Annual Conference […]

The Indian law group at mctlaw is excited to join the Sauk-Suiattle Indian Tribe’s ongoing efforts to convince the City of Seattle to modify its 300-foot-high Gorge Dam on the Skagit River to allow salmon passage. The dam has blocked salmon and other migratory fish from traveling upriver to spawn for the last 100 years, […]

Appointment of Attorney Sophie Asher for Prosecutions Congratulations to mctlaw’s Sophie Asher on being appointed as an outside-counsel Assistant Attorney General at the United Keetoowah Band of Cherokee Indians in Oklahoma. Sophie will now assist the Tribe by prosecuting criminal defendants in UKB Tribal Court, mostly by remote connection from Seattle! AG Appointment of Sophie […]

Attorney Elizabeth Abramson Joins mctlaw Mctlaw is pleased to announce the addition of attorney Elizabeth Abramson to the Firm’s Vaccine Injury Practice Group. Previously, Ms. Abramson worked in the Vaccine Injury Compensation Program (VICP) as a federal judicial law clerk to Chief Special Master Brian Corcoran in the United States Court of Federal Claims Office of […]

This past Monday the U.S. Food and Drug Administration added a new warning to the J&J COVID-19 vaccine fact sheet. This warning indicates an increased risk for an autoimmune disorder called Guillain-Barre syndrome. GBS causes a person’s immune system to attack its own peripheral nervous system. The FDA suggests that J&J vaccine recipients should seek […]

RECORDED WEBINAR Cutting Through the Smoke: A Clearheaded Look at Marijuana as Tribal Enterprise Watch Webinar Now: https://www.youtube.com/watch?v=FuOzfPj5O4w Watch Now

Mctlaw is honored to begin its representation of the Sauk-Suiattle Indian Tribe in the State of Washington!  We look forward to working with the Tribe’s leaders and co-counsel on a number of critical matters.  You can learn more about the Sauk-Suiattle Indian Tribe here: www.sauk-suiattle.com

Attorney Ilyas Sayeg’s article published in July’s issue of AAJ’s trial magazine Mctlaw | Read attorney Ilyas Sayeg’s recent article “Sharing is the Law” published in this month’s issue of AAJ’s Trial Magazine. This article explains how sharing provisions helps clients in similar litigations access discovery in an efficient way rather than duplicating the same work. […]

Attorneys Sophie Asher and Kehl Van Winkle Join mctlaw Mctlaw is pleased to announce the additions of Attorneys Sophie Asher and Kehl Van Winkle, Esq. to the Firm’s Indian Law and Civil Litigation Practice Group. “I’m excited to welcome Sophie Asher and Kehl Van Winkle into our expanding Indian Law practice,” says Managing Partner Altom […]

Health and Human Services (HHS) says it will no longer move forward with removing SIRVA and syncope, or fainting, from the Vaccine Injury Compensation Program.  This is a complete turnaround from the previous administration’s plans to enact this change on February 22nd.  The rule to strip these claims from the program would have severely limited the […]

It’s official.  A third COVID-19 vaccine is out for distribution in the United States. This Saturday, the Food and Drug Administration (FDA) authorized Johnson & Johnson’s COVID-19 vaccine. It is the first vaccine to only require one shot for immunization. An estimated 3.9 million doses of this third vaccine will be distributed across the U.S […]

Americans today have a lot of questions about the COVID-19 vaccine. The most frequently asked question is: “Should I get the vaccine if I’ve had a reaction to other vaccines in the past?” Typically, they’re referring to other vaccines such as the flu shot. The answer, according to the Centers for Disease Control and Prevention […]

The FDA approves a second COVID-19 vaccine as daily death and infection rates spike across the country.  The CDC voted 11-0 to approve the Moderna vaccine in people 18 and older. Earlier in the week, the FDA gave Moderna an Emergency Use Authorization (EUA) after reviewing clinical trials. Moderna vaccines will begin shipping out on […]

The first COVID-19 vaccine approved by the CDC will start rolling out on Monday. On Saturday, Dec 12th, the CDC’s Advisory Committee on Immunization Practices (ACIP) unanimously voted 11-0 to approve the Pfizer – BioNTech version of the vaccination. The panel approved the 2-shot vaccine for people 16 years and older. Hospitals expect to get […]

A St. Louis jury sent a $20 million dollar message to Biomet Orthopedics in Federal Court today. The verdict sided clearly in favor of Mary Bayes, who suffered extensive heavy metal poisoning and 6 traumatic hip revision surgeries because of the metal-on-metal hip replacement.  The trial relied upon testimony and evidence uncovered by the metal-on-metal […]

A new study shows up to 80% of COVID-19 patients have experienced neurological symptoms. The Northwestern University Feinberg School of Medicine study of 509 patients found the coronavirus can affect more than the respiratory system, with some alarming potential impacts to the brain. Common symptoms of the virus are loss of smell, fever, fatigue, and […]

Those who suffer injuries or life-altering conditions from the upcoming COVID-19 vaccine will face difficulties getting vaccine injury payouts. The Wall Street Journal reporting COVID-19 vaccine injuries will be covered by what’s called the countermeasures vaccine injury compensation fund. It was set up 10 years ago to cover injuries from vaccines for a flu pandemic, […]

Another COVID-19 vaccine trial is now on pause after a study participant’s unexplained illness. The Associated Press reports that Johnson & Johnson is investigating if the person’s illness is related to the coronavirus vaccine. Johnson & Johnson joins AstraZeneca/Oxford as the two drugmakers to stop vaccine trials because of side effects.  No details were released […]

Reuters reports the US Food and Drug Administration (FDA) has expanded its investigation of a serious vaccine injury in AstraZeneca’s COVID-19 vaccine study. The company’s late-stage US trial has been on hold since September 6th after a study participant in England was diagnosed with transverse myelitis, a rare spinal inflammatory disorder.  Participants in other studies […]

Some coronavirus vaccine trials are showing day-long side effects, but participants say it’s worth it, according to CNBC, reporting on the vaccine trials from Moderna and Pfizer. Some of those receiving the trial COVID-19 vaccine say they experienced exhaustion, high fever, body aches, and headaches. Participants also said the symptoms were uncomfortable and sometimes intense, […]

A new poll shows many Americans will not get a first-generation COVID-19 vaccine as soon as it becomes available because they do not trust the pharmaceutical companies to adequately test the immunization. The latest Axios/Ipsos poll reveals 60% will avoid the vaccine when it’s released, while 39% say they will get the vaccine. These poll […]

With so much research happening around the world to come up with a cure for a vaccine for the coronavirus, it’s important to understand how that research happens.  Below we’ve explained the different phases of COVID-19 vaccine development and what each of them means. PRE-CLINICAL TRIALS The development of a vaccine for the coronavirus begins […]

The nation’s top expert on COVID-19 says even though a vaccine is expected by early 2021, it will likely be the end of next year before life gets to a pre-pandemic normal. NBC News reports Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Diseases, says a COVID-19 vaccine should be approved […]

Attorney Jeffrey Nelson Named Assistant Attorney General for Oklahoma Indian Tribe Jeffrey Nelson was appointed Assistant Attorney General for the United Keetoowah Band of Cherokee Indians in Oklahoma. Mr. Nelson will represent the Tribe in matters involving tribal governance, Indian gaming, and other matters as assigned by the Attorney General. The Tribe’s Attorney General, Klint […]

Advocacy groups and business industry leaders from across the country gathered on Monday during a governmental meeting to say they are all opposed to removing SIRVA and syncope from the National Vaccine Injury Compensation Program (NVICP). On Monday, May 18th, the Advisory Committee on Childhood Vaccines (ACCV) met to discuss proposed changes to the Vaccine Injury Table. The […]

Facebook Live on Guillain-Barré Syndrome in the VICP https://youtu.be/hrZwqURy-58Video can’t be loaded because JavaScript is disabled: Vaccine Facebook Live (https://youtu.be/hrZwqURy-58) mctlaw attorneys Anne Toale, Danielle Strait, and Diana Stadelnikas went live on Facebook to discuss GBS in the Vaccine Injury Compensation Program. Watch the video here or read the transcript below. Transcript Anne Toale: Hi. […]

On April 9th, 2020, ABC aired the season finale of Grey’s Anatomy and the storyline featured problems with Dr. Webber’s metal-on-metal hip replacement. After viewers finished the episode, they took to google to learn more about metal on metal hips. So mctlaw’s attorneys hosted a Facebook Live event to explain how real-life medical problems with […]

Once again, problems with metal on metal hip replacements become a major storyline in a medical TV drama. Last week on the season finale of Grey’s Anatomy, the show revealed that one of the main characters, Doctor Richard Webber, was diagnosed with cobalt poisoning from a metal on metal hip replacement. The dramatic diagnosis came […]

Statement on behalf of mctlaw by Vaccine Injury Attorney Anne Toale over proposed legislation to remove SIRVA and syncope from the National Vaccine Injury Compensation Program: As a past president of the Vaccine Injured Petitioners Bar Association, I oppose the unprecedented move by the Department of Health and Human Services towards eliminating more than half […]

SEATTLE, WA (March 2, 2020)  — Mctlaw welcomes Seattle attorney Talis Abolins to the Firm. Talis is a native Washingtonian with more than 30 years of experience as an attorney. He earned his undergraduate degree from the University of Washington and a law degree from Seattle University School of Law. Talis served as an Assistant […]

Internal documents about metal on metal hips that Zimmer Biomet (ZBH) fought hard to keep secret are now public, and some of the contents are troubling. Recently, a judge ruled in favor of mctlaw demand to unseal dozens of Zimmer Biomet’s internal corporate documents that were kept hidden from the public. Among the unsealed documents is a […]

JANUARY 17, 2020 (Sarasota, FL)  — Zimmer Biomet Holdings’ (ZBH) most recent quarterly financial report puts the litigation liability for the M2a-Magnum hip at $65.7-million. Since May 2018, the expected cost of litigation from the M2a-Magnum metal on metal hip keeps going up quarter after quarter, based on the company’s financial reports. Litigation liability is […]

mctlaw Attorney Michael Cowgill explains the status of the Zimmer Biomet Litigation. To date, Zimmer Biomet is the only metal-on-metal hip manufacturer that has yet to face a jury in trial. “We’re looking forward to finally having our day in court for our clients,” says attorney Michael Cowgill. In May, mctlaw and its’ co-counsel will face Biomet […]

Attorney Michael Cowgill discusses metal on metal hip replacement case settlements and why they can vary. It is not possible to give specific details on any settlement amounts, they are confidential. But mctlaw attorneys can say that they work tirelessly to fight for amounts that our clients deserve. “What I can tell you is that when we […]

Sarasota, FL — (December 17, 2019) Zimmer Biomet Holdings, Inc. (NYSE:ZBH)  (SWX:ZBH) is facing almost 20 jury trials across the country between 2020 through 2021. The barrage of trials begins May 2020 in Seattle, WA, and spans venues across the country. The trials involve patients suffering heavy metal poisoning from Biomet metal on metal hip replacements. The […]

Attorney Ilyas Sayeg promoted to partner at mctlaw. The announcement came during the annual law firm meeting, held at the law firm’s new Washington, DC office. Managing partner Altom Maglio presented Sayeg with the honor, speaking about his belief in holding himself and others to high ethical standards in the practice of law, his commitment to […]

This week mctlaw posted nearly 50 new vaccine injury decisions and settlement amounts to its case results page at www.mctlaw.com.  This table shows how much money our attorneys recovered for clients with severe reactions through the National Vaccine Injury Compensation Program.  You can read through the entire table of our Vaccine Injury Case Results here. Some of […]

WASHINGTON, DC — (December 2, 2019)  mctlaw opened the doors to a new and larger Washington, D.C. law office today.  Mctlaw is now located in a tech-forward office building at 1015 15th Street, NW in Suite 1125. The firm is still in the heart of the nation’s Capitol and remains only 3 blocks away from the […]

Attorney Anne Toale (pictured to the right) Presented to Anne Toale for your service as the President of the Vaccine Injured Petitioners Bar Association 2017-2018 mctlaw attorney Anne Toale honored today by the members of the Vaccine Injury Petitioners Bar Association.  The award recognizes her accomplishments leading the VIP Bar Association from 2017-2018 and was presented […]

Every year a select group of attorneys from around the country gather in Washington, DC for the annual Vaccine Injured Petitioners Bar Conference.  mctlaw is highly involved in the VIP Bar Association and takes an active leadership role each year. Attorneys Altom Maglio, Jessica Olins, Anne Toale, Jennifer Maglio, and Diana Stadelnikas all led presentations and discussions […]

Altom Maglio giving final remarks MCTLaw attorneys Jessica Olins and Danielle Strait Anne Toale discussing “on-table” and “off-table” vaccine injury claims Jessica Olins discussing attorneys fees mctlaw attorneys Altom Maglio, Anne Toale and Jessica Olins training new vaccine injury attorneys this week in Washington, DC. at the Vaccine Injured Petitioner’s Boot Camp.  Every year our entire […]

NBC’s newest medical drama, New Amsterdam, took on the metal on metal hip crisis in one of its storylines this week.  The season 3, episode 3 show is titled “Revision”  and follows a construction worker named Vincent who comes to the hospital for symptoms of a heart attack, but it turns out to be cobalt blood […]

If you have a Metal-on-Metal (MoM) hip implant, you may have heard the term “revision surgery” before. But what is revision surgery, and how can you tell if you need it? Revision surgery is a procedure in which a broken, worn out, or unsafe hip implant is removed and replaced (in whole or in part) […]

Attorney Altom M. Maglio was elected to lead a group focused on the ongoing litigation against Johnson & Johnson over the company’s Pinnacle and ASR metal on metal hip replacements. The American Association for Justice (AAJ), the primary organization for plaintiffs’ trial lawyers in the United States, recently elected Mr. Maglio Chairman of the DePuy Metal on […]

 Christina Unkel is taking a high-profile role as a FIFA rules expert on Fox Sports this month.  She’s part of the Women’s World Cup broadcasting team and reports on the sometimes complex rules of the game as an international FIFA referee.  She’s gotten positive reviews for her knowledge and analysis during the World Cup coverage […]

Vaccines, like many medicines, are finicky.  To stay safe, they need to be stored in very specific conditions.  Give them too much heat or too much light, and they can become ineffective.  The current need to refrigerate vaccines makes them difficult to safely transport and distribute.  Because of this, areas with improper health infrastructure see […]

A recently-published long-term study that measured the efficacy of a pneumococcal vaccine in Kenya shows how widespread vaccination can improve public health. In 2011, Kenya introduced a new pneumococcal vaccine to its child immunization program: PCV10 (or Synflorix).  Prior to the introduction of PCV10, Kenya did not require nor provide children with any sort of […]

Hepatitis B is an incredibly common – and deadly – infection that affects hundreds of thousands of people each year.  Children in developing countries are especially prone to contract and die from hepatitis B. High rates of infection in developing countries are partially due to the fact that it is difficult to safely store intravenous […]

It is no secret that medicines have very specific storage needs.  Think about all of the medications you’ve handled in your life.  Some need opaque bottles, others need clear bottles.  Some have to be stored in the freezer next to your pizza rolls, while others can safely add to the clutter in your purse without […]

On behalf of our clients, mctlaw filed a “Motion and Incorporated Brief for Case Management Conference” with the Court overseeing lawsuits involving Johnson & Johnson’s DePuy Pinnacle metal on metal hip replacements. The motion requests that the judge overseeing the national litigation, Judge Ed Kinkeade, “schedule a case management conference to provide for an update […]

Kaiser Health News recently released an article that reveals a secret FDA reporting avenue that is not accessible to the public. Most doctors and healthcare providers don’t even know about it, which limits their search for any known problems or defects with medical devices they may use.  mctlaw Attorney Ilyas Sayeg explains why our Metal on […]

“Are women more likely to be harmed by medical device failures?” By: Ben Hallman https://www.icij.org/blog/2018/12/are-women-more-likely-to-be-harmed-by-medical-device-failures/ For the last year, the International Consortium of Investigative Journalists has been investigating the medical device industry around the world. They found that there are very relaxed regulations in the implant industry, which allows dangerous products, like metal on metal […]

Article link: https://www.icij.org/investigations/implant-files/hidden-dangers-patients-doctors-not-informed-of-defective-implants/ Article title: Hidden Dangers: patients, doctors not informed of defective implants By Spencer Woodman This article begins with the story of Vijay Vojhala, an Indian man who received a Johnson & Johnson metal-on-metal hip in 2008. Vojhala’s implant was the DePuy Orthopaedics ASR hip system. In 2011, Vojhala went to a medical product […]

Article Link: https://www.icij.org/investigations/implant-files/how-lobbying-blocked-european-safety-checks-for-dangerous-medical-implants/ Article Title: How lobbying blocked European safety checks for dangerous medical implants By Simon Bowers In recent years, there have been two major attempts to increase safety regulations for medical implants in the European Union. However, lobbyists have shot down both of these reform attempts by misleading policymakers about their products. Public […]

Article Link: https://www.icij.org/investigations/implant-files/patient-hopes-rise-and-fall-as-an-industry-balances-progress-and-profit/ Article Title: Patient Hopes Rise and Fall as An Industry Balances Progress and Profit By Dean Starkman and Delphine Reuter The article starts with a description of a 2008 sales meeting for DePuy Orthopaedics, Inc., a subsidiary of Johnson & Johnson. The sales gathering was more of a party than a meeting: […]

Article link: https://www.icij.org/investigations/implant-files/medical-devices-harm-patients-worldwide-as-governments-fail-on-safety/ Article Title: Medical Devices Harm Patients Worldwide as Governments Fail on Safety By ICIJ This article is the result of an extensive study involving over 250 journalists across 36 countries. The investigation found that, in recent decades, medical implants have caused patients a great deal of harm because governments have approved them […]

Article Link: https://www.icij.org/investigations/implant-files/patients-fight-for-answers-as-broken-implants-cause-unseen-agony/ Article title: Patients Fight For Answers as Broken Implants Cause Unseen Agony. By: Spencer Woodman This article highlights the heartbreaking stories of patients around the world who received faulty medical device implants. In doing so, they interviewed Jeong Sang-Ho, a 47-year-old from Seoul, South Korea, who is currently embroiled in a years-long […]

Good News for Potential Pinnacle Hip Lawsuit Settlements A global settlement may come soon in Pinnacle hip implant lawsuits across the country.  One of the attorneys working on the deal announced that both sides reached a tentative agreement. The deal would resolve most of the 10,000 lawsuits currently filed against Johnson & Johnson and the […]

Johnson & Johnson agrees to a pay $120-million settlement.  The attorneys general of 46 states announced the victory today.  They sued J&J over deceptive and misleading marketing practices. The states claimed Depuy told patients the ASR XL and Pinnacle Ultamet hips would last at least 5 years.  In reality, European health regulators reported that 95% […]

A warning to adults in Kentucky who got vaccinated between September 1 and December 31, 2018:  Patients and doctors report a number of serious adverse vaccine reactions coming from vaccine clinics held at Kentucky businesses during those dates. The reactions include swelling, hard knots, pain, redness, abscesses, and lumps. According to WKYT, the problems originated with Location […]

(December 12, 2018 — Sarasota, FL)  Mctlaw is pleased to announce the addition of attorney Michael J. Cowgill to its complex litigation practice, including the firm’s national metal-on-metal hip litigation team. Mr. Cowgill comes to the mctlaw Sarasota office from Portland, Oregon, where he co-founded his own firm, Meadowlark Immigration PC. Cowgill represented clients before […]

Mctlaw created a petition demanding the FDA recall these defective metal-on-metal hip replacements.  Please consider signing below, and sharing with friends and family. mctlaw Petition Please click here to sign the petition.

NBC News investigative reporters sat down with Andrew Chappell to speak about his Biomet M2a hip replacement nightmare. Reporters wonder why seven nations, including Australia and Germany, knew about serious problems with the Biomet M2a hip implant and issued warnings, but neither Biomet nor the FDA warned American patients like Andrew. “Throughout the extensive litigation, […]

According to court documents released on Monday, November 26th, 2018, DePuy appears to be in the process of settling thousands of their Metal on Metal hip cases within the Multi-District Litigation.  Typically, court documents that talk of the payment terms for attorneys are produced when the settlement process begins. So far no formal announcement of any […]

On Monday, the Food and Drug Administration (FDA) announced that it will overhaul the way medical devices are tested and approved. The changes will force device makers to design their newest devices on more updated and recent technology. The FDA’s sudden announcement came just one day after a worldwide investigative report into medical device safety, […]

(Sacramento, CA – November 23, 2018)  Three California residents filed a lawsuit in Sacramento County Court against Biomet Orthopaedics.  The suit says that Biomet sold defective Magnum metal on metal hip replacements to these patients, who all experienced heavy metal poisoning which destroyed muscle, tissue, and bone in their bodies.  The lawsuit also details how Biomet […]

You may have seen or read about the recently released documentary The Bleeding Edge. If not, it is presently available on Netflix. The documentary discusses the problems with the FDA regulation of medical devices and metal-on-metal hip replacements in particular. The Bleeding Edge is a great example of what strong journalism can do. The Essure birth implant […]

A Florida judge allows the attorneys at mctlaw to go after punitive damages against Zimmer Biomet as part of three Florida residents’ lawsuits in Fort Lauderdale. Punitive damages are a type of financial punishment against a company for intentionally bad behavior or misconduct. The standard for punitive damages in civil court is similar to the […]

Title: Explant Analysis of the Biomet Magnum/ReCap metal-on-metal hip joint Abstract Metal-on-Metal (MoM) hip resurfacing implants and MoM total hip arthroplasty (THA) implants have recently been questioned by the medical community because of their high revision rates. Understanding the reasons for failure can provide insight into how implants can be improved. Furthermore, looking at the […]

Title: Modular to Monoblock: Difficulties of Detaching the M2a-Magnum Head Are Common in Metal on Metal Revisions Where Are We Now? Metal-on-Metal total hip arthroplasty (MoM THA) implants consist of many metal parts that rub together over the course of normal use. The medical community used to think that corrosion — which is essentially rusting […]

Title: Modular to Monoblock: Difficulties of Detaching the M2a-Magnum Head Are Common in Metal-on-metal Revisions Abstract Metal-on-Metal total hip arthroplasty (MoM THA) implants are made up of a variety of components. One common component is the modular head; it is supposed to be easy to remove during revision surgery. However, it can actually be incredibly […]

Title: Higher Blood Cobalt and Chromium Levels in Patients with unilateral metal-on-metal total hip arthroplasties compared to hip resurfacing Abstract High cobalt and chromium levels in the blood are known to cause negative side-effects in patients with metal on metal hip replacements. This study discusses the risk factors and the overall likelihood that that people with […]

Title: A 5-year survival analysis of 160 Biomet Magnum M2a metal-on-metal total hip prostheses Abstract Large-head metal-on-metal (MoM) total hip arthroplasties (THA), or hip implants, have high failure rates. This study looks at the conditions of 160 hip devices 5 years after implantation in order to determine their failure rate; all 160 devices were Biomet […]

Title: Clinical and Wear Analyses of 9 Large Metal-on-Metal Total Hip Prostheses Abstract All patients in this study had the Biomet Magnum (M2a-Magnum™) hip implant with a Recap cup and Taperloc (Taperloc1 Hip Stem) or Mallory stem. This study attempts to figure out the underlying reasons for implant failure by looking at the wear analyses […]

(Ft. Lauderdale, FL – May 3, 2018)  Mctlaw files yet another lawsuit against Biomet Orthopedics on behalf of 3 Florida patients who all had to undergo traumatic hip revision surgery because of their defective Biomet Magnum hip implants. Patients Facing Medical Crises from their Biomet Magnum Hip Implants Robert Bloom’s Biomet Magnum hip revision surgery […]

(San Francisco, CA – April 26, 2018) A team of attorneys led by mctlaw has filed a lawsuit in San Francisco, CA against Biomet Orthopedics on behalf of a patient who suffered horrific injuries from a Biomet M2a metal-on-metal hip implant. The patient, Mickey Reed, had no idea the Biomet M2a hip implant in his body was […]

Title: The Effect of Different Bearing Surfaces on Metal Ion Levels in Urine Following 28mm Metal-on-Metal and 28mm Metal-on-Polyethylene Total Hip Arthroplasty Abstract Total hip arthroplasty (THA), or hip replacement surgery, is known to increase levels of metal ions in the body. This is because the implant devices can shed metal particles into the body. […]

SARASOTA, FL — (April 19, 2018) – Mctlaw welcomes the addition of attorney Michele S. Stephan, Esq. to the Firm’s metal-on-metal hip litigation and complex litigation practices.  Ms. Stephan will work out of the firm’s Sarasota, Florida office. Ms. Stephan has represented clients in civil litigation for over 20 years.  Her experience includes litigating cases […]

Mctlaw is the only law firm in the country allowed to question Biomet representatives under oath about the connection between alleged unethical business practices and their M2a metal on metal hip implants. In a courtroom hearing, our legal team won the ability to force Biomet to sit for depositions.  During these interviews, top Biomet staff will […]

Mctlaw and its partner Nash & Franciskato are the ONLY law firms in the country to demand and get access to internal Biomet documents showing dangerous quality control issues at the plant where Biomet made the M2a Hips. Uncovering the Full FDA Inspection Report of Biomet’s Warsaw Facility In the fall of 2016, the FDA released […]

Losing patience with Biomet, the Court forces Biomet to produce its internal communications with its sales representatives and to explain what efforts it actually took to find the requested communications. Read Order Forcing Biomet to Produce Internal Communications Defective Metal on Metal Hip Replacement? Contact MCT Law for a free case review by calling 888.952.5242 […]

In extensive arguments with Biomet, mctlaw convinced the court that Biomet’s search protocols for the MDL documents were so poor that they resulted in the production of a large number of useless and irrelevant documents. These only served to confuse the issues and make more difficult the job of proving Biomet’s bad conduct.  Scoring a […]

Upset that Biomet has seemingly sat on its hands for nearly a year, the court forced Biomet to produce to our clients all audio and video files responsive to the request. The court also warns Biomet to stop using its inferior production of documents in the MDL as an excuse to not produce documents to […]

(Sarasota, FL – March 20, 2018) The first Biomet M2a metal on metal hip replacement trial in the United States is set for September 2018 in Ft. Lauderdale, Florida.  It is a significant legal challenge to Biomet Orthopedics since the company has not yet faced a single trial over their M2a-38 and M2a-Magnum hips. The injured […]

As mctlaw turned up the heat on Biomet requesting documents related to their M2a metal on metal hips, Biomet fought back by adopting a “scorched earth” strategy of multiple objections to every single request for documents by our clients. In November 2015, a state court in Florida ruled for our clients and forced Biomet to […]

Title: “Neuropsychiatric symptoms following metal-on-metal implant failure with cobalt and chromium toxicity” Abstract Many metal-on-metal (MoM) total hip replacement implants have been recalled due to high failure rates. This study assesses the mental health of 10 patients who underwent revision surgery for failed MoM implants. The authors believe this is the first study to find […]

Research Title: Pseudotumor in Large-Diameter Metal-on-Metal Total Hip Articulation Abstract This case study focuses on a patient who experienced pain in her hip following a large-diameter metal-on-metal (MoM) hip replacement. She also developed a pseudotumor, which is an abnormal swelling of tissue that resembles a tumor. Intro MoM hip implants are thought to be more […]

Title: Cobalt-Chromium Metallosis With Normal Electroretinogram Background: The popularity of Metal-on-Metal (MoM) hip implants, which are typically made out of cobalt and chromium, has made cobalt poisoning of the eye more common. This condition is called ocular cobalt toxicity. This study focuses on a 66-year-old-man whose vision was damaged because he got cobalt poisoning from […]

Title: Unusual Case of Congestive Heart Failure:  Cardiac Magnetic Resonance Imaging and Histopathologic Findings in Cobalt Cardiomyopathy Summary A 69-year-old woman came to the authors with symptoms of congestive heart failure, a heart condition that leads to buildups of fluid in the lungs. She had a history of hypertension, mild kidney problems, and hip replacements […]

Title: Hip ­Implant Related Chorio-­Retinal Cobalt Toxicity Abstract A 39-year-old female with high levels of cobalt in her blood (a side-effect of her two hip implants) came to the doctors with complaints that her left eye had been blurry for three weeks. Eye imaging revealed that the light-sensitive portion of the patient’s retina (called the […]

In the American court system, federal and state courts operate completely independently of each other.   Biomet’s victories up until this point all occurred in the Multi-District Litigation (MDL), which is part of the federal court system. Suspicious that the MDL may not be the best place to litigate our cases at this early stage of […]

The threat of a trial is typically a very strong bargaining chip to help sides reach a settlement in a case.   For plaintiffs, the bargaining chip is that a trial will ensure that bad behavior of the defendant becomes public and the company may end up having a large jury verdict against it. Without the […]

During the “discovery” phase of a case, the patients suing Biomet are allowed to request documents and depositions (interviews) from Biomet in order to “discover” evidence for their eventual trial.  Unfortunately, the plaintiffs (patients suing Biomet) in the MDL faced a huge setback in this process early on in this litigation. The Problem with the Biomet MDL […]

In October of 2012, a federal judicial panel consolidated lawsuits across the United States involving the Biomet M2a Magnum hip replacements into one federal court.  This move created Multi-District Litigation (MDL) No. 2391. What is an MDL? The point of multidistrict litigation (MDL) is to help a lot of similar cases efficiently handle pre-trial issues (such […]

Research Title: Progressive Cardiomyopathy in a Patient with Elevated Cobalt Ion Levels and Bilateral Metal-on-Metal Hip Arthroplasties Abstract: Cobalt poisoning also called cobalt toxicity or cobalt disease, is a rare but serious possible side effect of Metal-on-Metal (MoM) total hip replacements. This study focuses on one patient who received MoM hip replacements on both hips […]

Research Title: Adverse Reaction to Metal Debris after ReCap-M2A-Magnum Large-Diameter Head Metal on Metal Total Hip Arthroplasty Background and Purpose: Adverse reaction to metal debris (ARMD) is a type of implant failure that can occur after metal-on-metal hip replacements. The symptoms of ARMD failure may include fluid collections around the hip, a build-up of soft […]

Research Title: Adverse Local Tissue Reaction After a Metal-on-Metal Total Hip Prosthesis Without Elevated Serum Metal Ion Levels Background Recent studies show a correlation between high cobalt and chromium levels and failed metal on metal hip (MoM)  implants. Typically a MoM hip patient with cobalt blood levels above 7 parts per billion (ppb) requires follow-up […]

The North Carolina Bar Journal published an article co-written by attorneys Cecelia Stultz and Jessica Olins in the Winter edition of this prestigious law publication.  Stultz and Olins wrote about the complex process of the Vaccine Injury Compensation program.  The pointed out the very focused nature of vaccine injury litigation (only about 100 attorneys practice in […]

(Seattle, WA – November 28, 2017) – Three patients suffering heavy metal poisoning from a metal-on-metal hip replacement filed a lawsuit Tuesday in Seattle against Biomet Orthopaedics. The three patients experienced heavy metal poisoning, tissue and muscle necrosis, pseudotumors, and unnecessary revision surgeries because of the defective Biomet Magnum hip replacement, as alleged in the […]

A Dallas Federal jury issued a $247 million dollar verdict against Johnson & Johnson and DePuy Orthopedics today. The jury reached their unanimous verdict in favor of 6 hip replacement patients who were seriously hurt by Pinnacle metal on metal hip implants. Today, the Dallas jury decided J&J was guilty of negligent design, inadequate warning, manufacturing […]

Nationally recognized medical journalist, Heidi Godman, invited Attorney Ilyas Sayeg on her radio show to discuss problems with metal on metal hip implants.  Mr. Sayeg explains what’s going wrong with MoM hips and what patients can do to stay informed. The FDA in the United States has not recalled ALL brands of MoM hips, such […]

(August 1, 2017) Boeing, the world’s largest aerospace company, and leading jetliner manufacturer sued Zimmer Biomet over the defective M2a Magnum hip implant. Boeing says one of its employees suffered an industrial injury that was directly caused by the failed Biomet M2a Magnum metal-on-metal hip system. After undergoing hip replacement surgery, the Boeing employee began […]

(January 12, 2017) Zimmer Biomet agreed to pay a $17.4 million criminal penalty in connection with a scheme to bribe South American, Mexican and Chinese doctors to use the company’s products. According to the Justice Department, “Phony invoices were used to justify the payments, and the bribes were falsely recorded as “consulting fees” or “commissions” in […]

(August 3, 2017) A Federal Judge says a Missouri man injured by a defective M2a Magnum hip replacement can sue a sales representative who was present at his surgery.  The judge removed the case from an Indiana Multi-District Litigation (MDL) and sent it back to a Missouri state court for trial. Biomet claimed the sales representative, […]

FACT DECISIONS Factual determination that SIRVA injury more likely caused by influenza vaccine than uncovered vaccine In this SIRVA case, the petitioner received an uncovered pneumococcal vaccine and a covered influenza vaccine in the same arm at the same time.   The court concluded that there was preponderant evidence for a finding that the petitioner’s right […]

SEATTLE, WA— (March 7, 2017) Mctlaw is a national leader in complex litigation, including Vaccine injuries, defective failed metal on metal hip replacements, defective medical products, and other civil litigation, announces the opening of a West Coast office in downtown Seattle, Washington.  The firm’s new office is located on the 35th floor of the landmark Columbia […]

Attorney Fees Reasonable Basis Alicock v. HHS, (Fed. Cl. Nov. 9, 2016) (Wheeler, J) Denial of motion for review filed by HHS.  SM had awarded fees and costs in a claim for significant aggravation of developmental delay. According to mom, treating physician told her there was encephalopathy possibly caused by vaccination.  Medical records included encephalopathy […]

A Texas judge slashes a $1 billion dollar verdict by $500 million dollars in the most recent Pinnacle hip replacement trial.  Judge Ed Kinkeade based his decision on “constitutional considerations that limit the amount a plaintiff may recover in punitive damages,” according to Reuters.  In December a jury originally ordered Johnson & Johnson, the manufacturer […]

Supplemental Costs Post-Fee Judgment SM granted an unopposed request for supplemental expert costs inadvertently omitted from original fees and costs determination, which had been settled by stipulation.  Judgment had issued on the original fees and costs decision.  However, the 180 day period in which to requests fees and costs had not yet expired.  Brasher v. […]

Jurors announced a record $1 billion dollar verdict against Johnson & Johnson in the most recent Pinnacle hip trial.  It took jurors only one day of deliberations to come back with their astounding award. How Much Was Awarded to Each Pinnacle Hip Plaintiff? Harris Martin Publishing sources say the verdict total is more than $1.041 […]

Attorneys’ Fees Check Payee Special master granted relief from judgment where counsel was unable to contact petitioner to endorse the fees and costs check.  This satisfied the “narrow circumstances” where a fees award should be payable directly to counsel.  The court noted that counsel did have other remedies against his client, however because the case […]

Entitlement denied in a case alleging MMR-caused Myoclonic-Astatic Epilepsy (also known as “Doose Syndrome”).   Analytical gaps between medical literature and expert’s theory were too great and too numerous to persuade.  Although molecular mimicry was a valid theory to explain some vaccine reactions, simply explaining how theory of molecular mimicry works with other diseases and purporting […]

The Centers for Disease Control (CDC) is reporting a sudden spike in cases of Acute Flaccid Myelitis (AFM).  At least half of the states in the U.S. have reported cases of this mysterious disease.  Vaccination may play a role in triggering this Polio-like illness. A January 2015 article in The BMJ suggested that vaccines may […]

Non-Forum Rates Glaser v. HHS, (Fed. Cl. Spec. Mstr. Jun. 6, 2016) (Corcoran, SM). VT attorney only entitled to non-forum rates under Davis exception to McCulloch; prior decisions involving same attorney established VT rates were substantially lower than forum and changed circumstances were not established here.  Awarded rates of $225 to $238. JB v. HHS, (Fed. […]

Procedural Decisions Valle v. HHS. (Fed. Cl. Aug. 6, 2016) (Lettow, J).  Thirty-day time limit to file a motion for review under section 300aa-12(e)(1) is jurisdictional, notwithstanding that it is notably rigid and out of step with other statutes and rules relating to the time for seeking review or appeal. *Full decisions are available on […]

Substantive Decisions Rus v. HHS, (Fed. Cl. Spec. Mstr. Jun. 23, 2016) (Gowen, SM).  Denial of entitlement in case alleging DTaP caused nephrotic syndrome.  The proffered mechanisms were (1) a “specific” T-cell response, and (2) an inflammatory cytokine response to the vaccination that alters an “unspecific” pathway, involving angiopoietin-like 4.  Although Petitioner’s expert “labored valiantly […]

Children given the flu shot along with other common childhood vaccines are more likely to suffer from a febrile seizure A recent study, funded by the Center for Disease Control, looks at connections between childhood vaccines and febrile seizures.  The American Academy of Pediatrics published this study in its July newsletter, citing research conducted by several […]

Premature Ovarian Failure Mini Omnibus This group of cases has been attempting to resolve when the first symptom or manifestation of onset occurs in POF, for purposes of the SOL. The court held that for petitioners who were eighteen years old or younger at the time the condition arose, if the condition qualifies for evaluation […]

Stanford v. HHS, (Fed. Cl. Spec. Mstr. May 16, 2016) (Moran, SM) 20+ year MD/.JD, with relatively little vaccine program experience, requested $525 per hour, but was awarded $400 (McCulloch range $300-425). A 5-year MBA/JD requested $385 per hour, but was awarded $260 (McCulloch range $225-300). Although not mentioned in the analysis, the attorneys were […]

Pentchelov v. HHS, (Fed. Cl. Spec. Mstr. April 29, 2016) (Corcoran, SM) The Court approved a $400 hourly rate for a 40-year attorney from Beverly Hills, ($350-$425 McCulloch range). The Court cited a previous decision holding that LA area attorneys were entitled to “forum” rates in the program. The court awarded $235 per hour, rather […]

Copenhaver v. HHS, (Fed. Cl. Spec. Mstr. May 31, 2016) (Moran, SM) This case is very similar to several recent SIDS cases, all involving the same theory and the same experts, and previous denials such as this one have been affirmed on appeal, e.g. Cozart. The specific reasons petitioner lost in this case were characterized […]

Reilly v. HHS, (Fed. Cl. Spec. Mstr. May 31, 2016) (Hamilton-Fieldman, SM) After a brain biopsy, it was determined that the child had a focal cortical dysplasia, and Petitioner’s expert testified that this was a predisposition which caused the seizure disorder once triggered by DTaP. Respondent argued that the brain anomaly itself was a sufficient […]

Day v. HHS, (Fed. Cl. Spec. Mstr. May 21, 2016) (Dorsey, CSM) (Ed. Note – this was my case, and HHS has appealed) An entitlement decision had been issued in this neuromyelitis optica post Gardasil case, involving a very significantly disabled teenager. The life care planning process was ongoing, but the family circumstances were desperate: […]

Bourche v. HHS, (Fed. Cl. Spec. Mstr. June 24, 2016) (Moran, SM) The court denied the interim fees request, noting that interim fees are typically only granted when a case has been pending for several years, which would meet the definition of protracted under Avera. Waiting until the end of a case to be paid […]

Barone v. HHS, (Fed. Cl. Spec. Mstr. Jun. 12, 2016) (Corcoran, SM) Petitioner was wheelchair dependent, suffered from quadriparesis, and was vision and cognition-impaired. She was unable to be cared for at home due to family dynamics. The parties’ life care planners had reached an agreement on most life care plan items, including moving petitioner […]

Bean-Sasser v. HHS, (Fed. Cl. Jun. 26, 2016) (Yock, SJ)  The reviewing court held it was not arbitrary and capricious to find that Petitioner’s RA was pre-existing at the time of the vaccines, given the RF antibody. Further, it was within his discretion to find that Respondent’s expert was more persuasive, especially given his more recent […]

Miller v. HHS, (Fed. Cl. Spec. Mstr. Jun. 3, 2016) (Hastings, SM) The court denied most of the fees and costs requested, finding it was not reasonable for Petitioners to take to trial their very weak case alleging that autism was vaccine-related. The Court awarded fees for the original participation in the OAP, however, the […]

HL v HHS, (Fed. Cl. Spec. Mstr. Mar. 17, 2016) (Hastings, SM) The petitioner unsuccessfully argued that a vaccination significantly aggravated her child’s pre-existing Leigh Disease, resulting in the child’s death. Experts for both sides agreed that the child had Leigh disease, that metabolic decompensation can be caused by a fever or infectious illness, and […]

RV v. HHS, (Fed. Cl. Spec. Mstr. Feb. 19, 2016) (Corcoran, SM) In this case, similar to previous cases, petitioner argued that an underlying, preexisting mitochondrial disease was exacerbated by receipt of a vaccine, resulting in autism. An alternative causation theory was offered – molecular mimicry causing an autoimmune encephalopathy. The Court found that a […]

Reiling v. HHS, (Fed. Cl. Spec. Mstr. Jun 24, 2016) (Moran, SM) Counsel sought an award of interim fees and costs after withdrawing as counsel. The Court ultimately held that reasonable basis had not been demonstrated as of yet, although it could be later as the petitioner was proceeding pro se. Thus, an interim fee […]

Reiling v. HHS, (Fed. Cl. Spec. Mstr. Jun 24, 2016) (Moran, SM) Counsel sought an award of interim fees and costs after withdrawing as counsel. The Court ultimately held that reasonable basis had not been demonstrated as of yet, although it could be later as the petitioner was proceeding pro se. Thus, an interim fee […]

Auch v. HHS, (Fed. Cl. Spec. Mstr. May 20, 2016) (Corcoran, SM) The court held that a three-year proceeding was sufficiently protracted to warrant an interim award of fees, and it was not required that Petitioner show that all three Avera factors are met for interim fee awards. With respect to hourly rates, counsel sought […]

Petronelli v. HHS, (Ct. Fed. Cl. Spec. Mstr. May 12, 2016) (Gowen, SM) In this GBS case, the Court accepted the testimony of Petitioner’s vocational expert that a former corporate attorney was unable to return to work. The Court found Respondent’s expert unreliable, as he “mischaracterized the record.” Although Petitioner was not working at the […]

A study outlined in the Journal of the American Medical Association links the H1N1 Flu vaccine with a small increased risk of developing Guillain-Barre Syndrome.  Reuters Health reported on a research study conducted at Laval University in Quebec City which tracks newly-diagnosed cases of Guillain-Barre in the six months after H1N1 vaccination began in Quebec.  Their findings […]

Valle v. HHS, (Fed. Cl. Spec. Mstr. Apr. 18, 2016) (Gowen, SM) This case involved a major dispute as to the timing of onset of Petitioner’s MS.  Petitioner contended that her MS began between 4 and 42 days after the third dose of Hepatitis B vaccine; Respondent argued that her MS preceded the vaccine.  The […]

Smith v. HHS, (Fed. Cl. Spec. Mstr. Apr. 8, 2016) (Hamilton-Fieldman, SM) Petitioners argued that equitable tolling should be applied because the child’s doctors had failed to recognize that her injuries might be vaccine related, and that this failure should be considered an extraordinary circumstance that warranted equitable tolling.  More specifically, the argument focused on […]

Courbois v. HHS (Fed Cl. Spec. Mstr. Apr. 20, 2016) (Hamilton-Fieldman, SM) After a hearing, the court issued a bench ruling awarding approximately $143,000 for pain and suffering, $4000 for home modifications and an annuity to cover massage, housekeeping, hairdressing, and landscaping.

Cooper v. HHS, (Fed. Cl. Spec. Mstr. Apr. 25, 2016) (Gowen, SM) In this case alleging anaphylaxis and seizures caused by Hepatitis B vaccination, counsel for Petitioner indicated they no longer wished to proceed with the case and the case was ultimately dismissed.  Respondent argued there was no “factual basis [for the claim] in the […]

Bundrick v. HHS, (Fed. Cl. Spec. Mstr. Apr. 27, 2016) (Roth, SM) Petitioner requested fees and costs in the amount of $16,632.57; Respondent countered that a reasonable range was 12,000-14,000.  The special master awarded the fees and costs requested, plus an amount incurred litigating fees, noting that Respondent had no specific objection to the rates […]

There is help available for people hurt after having a severe and debilitating vaccine reaction.  Unfortunately, many people never know about the Vaccine Injury Compensation Program because it’s not widely publicized. The Vaccine Court “establishes the Vaccine Program as a no-fault compensation program whereby petitions for monetary compensation may be brought by or on behalf […]

May is International Guillain-Barre Syndrome (GBS) Awareness Month.  Guillain-Barre Syndrome is a rare disorder where your body’s immune system attacks your nerves.  It can spread very quickly, paralyzing your entire body. It is a serious medical condition that requires hospitalization in most cases.  The exact cause of GBS, and a similar condition, Chronic Inflammatory Demyelinating […]

(Washington, D.C. – May 2, 2016) Zimmer Biomet is warning European surgeons about problems with the M2a 38mm metal on metal hip implants but has NOT issued any warnings in the United States for patients with the same hip implant. On April 12th, Zimmer Biomet sent letters to surgeons in Europe admitting the M2a 38mm […]

Cozart v. HHS, (Fed. Cl. Mar. 25, 2016) (Smith, SJ) In the trial court, Petitioner failed to prove that vaccines could be an extrinsic risk factor, for purposes of the Triple-Risk Model of SIDS: vulnerable infant, critical development period and exogenous stressor(s).  The underlying theory had been that cytokines released in response to vaccines provoke […]

JT v. HHS, (Fed. Cl. Feb. 1, 2016) (Bruggink, J) In this conceded case, there was a significant dispute between the parties on the underlying methodology that should be used to calculate Petitioners’s lost wages.  Respondent moved the court to decide the issue of whether Petitioner’s future business ventures should be included in the wage […]

Loving v. HHS, (Fed. Cl. Spec. Mstr. Dec. 15, 2015) (Moran, SM) In this infamous case that set forth the six-part test for significant aggravation claims, the court awarded 189k in fees, where 284k was requested.  Respondent had originally suggested 80k but later moved to 149k.  The case involved one expert but lasted for ten […]

Watson v. HHS. (Fed. CL. Spec. Mstr. Mar. 7, 2016) (Corcoran, SM) In this fee decision, the Special Master reduced the requested hourly rate from $600 to $375, under McCulloch, for this 40+ NYC attorney. Under that framework, 20+ year attorneys in the vaccine program receive a range of $350-$425 (for work in 2014), depending […]

Rehn v. HHS, (Fed. Cl. Mar. 30, 2016) (Lettow, J) The special master had awarded interim fees to withdrawing counsel.  Respondent had challenged reasonable basis.  On appeal, the judge affirmed the applicability of the “totality of circumstances” test for reasonable basis.  Apparently, these circumstances included voluminous records, a complex medical situation following flu vaccination and […]

Dorego v. HHS, (Fed. Cl. Spec. Mstr. Apr. 4, 2016) (Moran, SM) In response to Petitioner’s fee application, Respondent “defer[red] to the special master’s discretion in determining a reasonable fee award.”  Respondent contended that this did not constitute a waiver or failure to object, but the special master held that it did.  Contrary to HHS’ […]

Culligan v. HHS, (Fed. Cl. Spec. Mstr. Mar. 31, 2016) (Hamilton-Fieldman, SM) In this interim fee decision, the Special Master approved of two attorneys trying the case, where there were multiple experts and fact witnesses, the case was complex and Respondent had two attorneys at the hearing. The court held that $400 per hour ($200 […]

Agnew v. HHS, (Fed. Cl. Spec. Mstr. Mar. 30, 2016) (Millman, SM) Petitioner’s theory was that a nasal spray vaccine, which ordinarily causes a subclinical infection, activated his immune system which was misdirected into entering his liver. Within 10 days of vaccination, he had abdominal pain, nausea, increasing yellow color of his skin, a rise […]

Bean-Sasser v. HHS (Fed. Cl. Spec. Mstr. Apr. 5, 2016) (Moran, SM) In this case, the special master denied entitlement for two reasons: 1) Petitioner’s theory under Althen prong 1 was not persuasive, and 2) Petitioner’s rheumatoid arthritis was preexisting.  Petitioner was asymptomatic at the time of the vaccine, although she had a history of […]

A recent study by the National Institute for Allergy and Infectious Diseases (NIAID) indicates changes could make flu vaccines more effective.  Every year, the World Health Organization (WHO) figures out which strains of the flu virus should be targeted, based on information that it gets from laboratories throughout the world.  The flu vaccination for each […]

Lord v. HHS, (Fed. Cl. Spec. Mstr. Feb. 9, 2016) (Dorsey, CSM) This is another case finding that petitioner failed to show preponderant evidence that vaccines are an exogenous stressor for purposes of the Triple Risk Model of SIDS.  The petitioner also failed to show that recognized extrinsic risk factors, and URIs in particular, act […]

Mostovoy v. HHS, (Fed. Cl. Spec. Mstr. Feb. 4, 2016) (Dorsey, CSM) In this omnibus proceeding, the court awarded the highest hourly rate requested, under McCulloch. However, petitioner’s interim fees were reduced by about 1/3. The Court held there were four basic reasons for the reductions. First, counsel billed for multiple hours of administrative work, […]

R.K. v. HHS, (Fed. Cl. Feb. 29, 2016) (Braden, J) The special master had ruled that both the minor child’s name and the parents’ names would be changed to initials but declined to redact the case number.  On appeal, petitioner argued that the use of Jane Doe and John Doe provides better privacy protection than […]

Waterman v. HHS, (Fed. Cl. Spec. Mstr. Feb. 5, 2016) (Hamilton-Fieldman, SM) The Court resolved an onset issue in favor of petitioner, who did not seek treatment for her urticaria for two months.  The special master found in favor of causation, holding that this was a classic case of challenge-rechallenge.  Petitioner had developed a rash […]

Tarsell v. HHS, (Fed. Cl. Spec. Mstr. Feb. 16, 2016) (Moran, SM) The theory of the case was that the decedent developed an arrhythmia from Gardasil which caused her death.  Petitioner brought an immunologist and a cardiologist to hearing.  The mechanism proposed was that the HPV vaccine causes the body to produce antibodies that are […]

Faoro v. HHS, (Fed. Cl. Spec. Mstr. Jan. 29, 2016) (Dorsey, CSM) This case differed from all of the prior SCN1A cases, in which compensation was denied because the child, in this case, did not have a de novo mutation.  Rather, the mutation was shared by the mother, who was healthy.  The mutation involved a […]

(Thursday, March 17, 2016) —  Today a Dallas, TX jury awarded an astounding $497.6 million dollar verdict over the defective Pinnacle metal-on-metal hip replacements made and sold by DePuy Orthopaedics and Johnson & Jonnson.  This is a huge victory for the 5 patients in this case who all suffer from similar debilitating health problems because of their implants, including […]

Sanchez v. HHS,  (Fed. Cl. Spec. Mstr. Feb. 17, 2016) (Moran, SM) Petitioner moved for interim fees pre-hearing.  The special master found that a reasonable basis existed at least through the point in time where genetic testing was obtained on the child, and awarded fees through that date. Respondent challenged reasonable basis notwithstanding that Petitioner […]

Gray v. HIS, (Fed. Cl. Spec. Mstr. Feb. 24, 2016) (Gowen, SM) The special master followed Special Master Moran’s decision in Hodge, and held that mental incapacity can present an “extraordinary circumstance” warranting equitable tolling of the Act’s statute of limitations. Analogizing to veterans’ benefits case law, the Special Master held that a petitioner must […]

Attorneys made their closing arguments today in the DePuy Pinnacle Metal on Metal hip replacement trial.  Now the case is in the hands of the jury, which also began deliberations today, March 10, 2016. Proceedings began weeks ago and jurors spent a total of 37 days in court listening to testimony and reviewing evidence.   […]

The American Academy of Orthopaedic Surgeons noted at their annual meeting in March that research indicates a significant correlation between heart disease in men and the ASR XL hip prosthesis by DePuy.  Researchers used the Australian Government Department of Veterans Affairs database and studied over 2,000 men who had received a metal-on-polyethylene (MoP) hip implant. […]

The FDA has increased its oversight regarding the Metal-on-Metal hip implant device industry this week.  The FDA decided recently to require companies to submit a premarket approval (PMA) application for two types of metal-on-metal hip replacement devices. These include devices with a cemented acetabular component and ones with an uncemented acetabular component.  The FDA’s statement […]

The Firm’s Diana Stadelnikas Sedar, Esq. was interviewed recently regarding a client’s case in Vaccine Court after developing Guillain-Barré Syndrome triggered by a severe vaccine reaction. Attorney Stadelnikas Sedar, a partner at mctlaw,  was able to help her client receive compensation through the National Vaccine Injury Compensation Program.  To learn more about this reaction, visit […]

Hodge v. HHS, (Fed. Cl. Spec. Mstr. Dec. 21, 2015) (Moran, SM) Decision on Remand – Equitable Tolling Established Respondent had moved to dismiss Petitioner’s claim as untimely. The Special Master initially had rejected the argument that the statute of limitations should be equitably tolled, but Petitioner appealed.  The reviewing judge had vacated the original […]

Ruppert v. HHS, (Fed. Cl. Spec. Mstr. Nov. 6, 2015) (Gowen, SM) Attorney’s Fees and Costs – Reasonable Basis The Special Master held, on a motion for reconsideration, that the fact that Petitioner had obtained a negative expert report in the early stages of the case did not preclude Petitioner from establishing a reasonable basis […]

Griffin v. HHS, (Fed. Cl. Dec. 7, 2015) (Bruggink, J) Denial of Motion for Review – Petitioner not an “Employee” of U.S. Respondent’s motion for summary judgment, arguing that the Petitioner was not covered by the Vaccine Act, had been granted.  The Petitioner was an independent contractor with DOD, who received an influenza vaccine in […]

Canuto v. HHS, (Fed. Cl. Spec. Mstr. Dec. 18, 2015) (Hastings, SM) No Entitlement to Causation – Autism Omnibus Case These pro se petitioners argued that the DTP or DTaP vaccines caused their child to suffer fever, seizures, and encephalitis, thereby causing autism. Petitioners’ expert report “offer[ed] no causal theory whatsoever,” even assuming encephalitis or […]

Kenney v. HHS, (Fed. Cl. Spec. Mstr. Jan. 16, 2015) (Moran, SM) Denial of Entitlement – Autoimmune Encephalitis Because Petitioner did not establish that she had autoimmune encephalitis, the condition she alleged was vaccine-caused, she could not prevail.  The special master found that her clinical presentation greatly differed from how typical cases of autoimmune epilepsy […]

Morgan v. HHS, (Fed. Cl.  Spec. Mstr. Dec. 10, 2015) (Gowen, SM) Entitlement to Compensation – Ulcerative Colitis caused by HPV Vaccination Petitioner’s expert, her treating physician, opined that non-specific immunomodulatory effects of the Gardasil vaccination could cause ulcerative colitis in susceptible individuals. He explained that although non-specific immunomodulatory effects have not yet been studied […]

Patel v. HHS, (Fed. Cl. Spec. Mstr. Jan. 8, 2016) (Moran, SM) Attorney’s Fees – No Reasonable Basis The special master found there was no evidence supporting a reasonable basis for the claim because 1) no records demonstrated that any injury lasted six months; 2) no evidence existed that the HPV vaccination caused a problem […]

R.K. v. HHS, (Fed. Cl. Feb. 12, 2016) (Braden, J) Denial of Entitlement Affirmed – Mitochondrial Autism – No Judicial Estoppel The Special Master had denied entitlement, finding that 1) the evidence failed to establish that the child had a mitochondrial disorder, a prerequisite for the medical theory; 2) the evidence showed that the child […]

Sturdivant v. HHS, (Fed. Cl. Spec. Mstr. Jan. 21, 2016) (Hastings, SM) No Entitlement to Causation – Autism Omnibus Case; Warning to Counsel Regarding Reasonable Basis The Court first held that a table encephalopathy had not been established because 1) a table vaccine had not been given, and 2) an encephalopathy, as defined by the […]

Goodings v. HHS, (Fed. Cl. Spec. Mstr. Dec. 28, 2015) (Hamilton-Fieldman) The special master held that a reasonable basis existed where petitioner held a reasonable belief that the first symptom of primary ovarian failure occurred within three years of the vaccine date.  Although it may have appeared that the symptoms could have preceded that vaccination, […]

The American College of Pediatricians issued a statement in January articulating concerns about the Gardasil Human Papillomavirus Vaccine (HPV4).  Two reports have been issued, each highlighting 3 cases, where post-menarcheal adolescent girls developed laboratory documented premature ovarian failure within weeks to several years of receiving the Gardasil vaccine.  Premature ovarian failure, (POF), is also known […]

Tadio v. HHS, (Fed. Cl. Spec. Mstr. Nov. 25, 2015) (Gowen, SM) In this case, a minor child had received compensation pursuant to a settlement, and the award was to be payable to the guardians/conservators of the child, per the stipulation.  The stipulation further conditioned payment to Petitioners on their being “duly authorized to serve […]

Simmons v. HHS, (Fed. Cl. Spec. Mstr. Oct. 30, 2015) (Millman, SM) In this unusual case, both experts agreed that Petitioner suffered an immediate hypersensitivity reaction to TDaP, an anaphylactoid-like episode.  The experts disagreed whether Petitioner’s continuing immune symptoms, culminating in Addison’s disease, were a sequela of that initial reaction. The immediate allergic reaction to […]

Rodd v. HHS, (Fed. Cl. Spec. Mstr. Nov. 13, 2015) (Gowen, SM) Respondent primarily defended the case on the basis that Petitioner had symptoms within one day of his vaccination, which would be too soon for an autoimmune reaction.  However, Petitioner had two distinct problems, carpal tunnel syndrome, and polymyositis/polyarthralgia, and only the former manifested […]

Price v. HHS, (Fed. Cl. Spec. Mstr. Oct. 29, 2015) (Gowen, SM) The Court found that Petitioner proved a Table Anaphylaxis—within the required four hours of receipt of the DTaP and MMR vaccinations, two minutes in this case and that the ongoing seizures were a result of the anaphylactic injury. Petitioner’s expert testified that Petitioner […]

Perez v. HHS, (Fed. Cl. Spec. Mstr. Dec. 8, 2015) (Hamilton-Fieldman, SM) In this case, Petitioner’s expert was not claiming that homology between the tetanus vaccine and myelin could cause GBS through the process of molecular mimicry, rather it was argued that a tetanus vaccine can “rev up” an individual’s innate immune system, causing the […]

Hardy v. HHS, (Fed. CL. Spec. Mstr. Nov. 3, 2015) (Hastings, SM) The Court held that Petitioners failed to demonstrate either that the child suffered a Table encephalopathy, or that the vaccines caused, or aggravated, her neurodevelopmental disorder.   With regard to the table claim, the medical records offered no support whatsoever that the child suffered […]

Halverson v. HHS, (Fed. Cl. Spec. Mstr. Oct. 29, 2015) (Roth, SM) Petitioner had informally requested information from Sanofi Pasteur, manufacturer of Fluzone vaccine. Sanofi Pasteur objected, and Petitioner moved for issuance of a subpoena.  Petitioner also submitted a FOIA request to the FDA related to Fluzone.  Specifically, Petitioner sought human and animal data, dose-response […]

Guerrero v. HHS, (Fed. Cl. Nov. 16, 2015) (Williams, J) In this appeal, Petitioner contended that the Special Master, on remand, committed legal error and abused his discretion by reducing the number of hours, recategorizing certain attorney billing entries as paralegal tasks and some paralegal billing entries as clerical tasks, consolidating de minimis billing entries, […]

Graham v. HHS, (Fed. Cl. Nov. 30, 2015) (Braden, J) In the trial court, the special master denied fees in this voluntarily dismissed case.  Petitioner appealed the denial of fees, contending that the special master had erroneously interpreted the reasonable basis standard.  The reviewing court held that Petitioner misconstrued the Supreme Court’s reference to frivolous […]

Godfrey v. HHS, (Fed. Cl. Spec. Mstr. October 27, 2015) (Corcoran, SM) Remand decision after appeals court agreed that the special master should consider the Federal Circuit’s intervening decision in Koehn v. Sec’y of Health & Human Servs., 773 F.3d 1239 (Fed. Cir. 2014) – and, in particular, whether its discussion of a similar causation […]

Avchen v. HHS, (Fed. Cl. Spec. Mstr. Dec. 4, 2015) (Moran, SM) In this conceded SIRVA case, Respondent opposed the time and costs associated with a senior attorney’s visit to a client’s home in California as unnecessary under the facts of the case.  Petitioner argued that in-person meetings give the attorney “the opportunity to… put […]

The Los Alamos National Laboratory predicts the 2016 flu season will peak this February, which is later than the last three years.  Although predicting the flu is not an exact science, experts believe that the later the flu season starts, the milder the epidemic may be for that year.  The Center for Disease Control (CDC) […]

A recent study by the University of Florida, and published in the journal of Emerging Infectious Diseases, indicates that often times the flu vaccine that people get does not cover the virus that is most widespread that particular year. The World Health Organization picks between one and four flu types annually to cover under the vaccine […]

When you are faced with a debilitating injury, the result of a vaccine side effect, there are specific steps that need to be taken.  You will need a lawyer that has experience in this particular type of claim.  Here, Attorney Diana Stadelnikas Sedar explains your next steps after a severe vaccine reaction. Adverse Reaction to […]

A vaccine related injury, whether it’s Guillain-Barré Syndrome (GBS), Transverse Myelitis, or one of the many other complications related to severe vaccine reactions, can be devastating to your everyday life.  Choosing a lawyer that understands the complex territory of vaccine related injuries is critical to the success of your case.  It is important to understand […]

Appellate attorney Jennifer Gore Maglio published this article in The Federal Circuit Bar Association November 2015 newsletter. Maglio reviews “the delicate balancing act assumed by the Court of Federal Claims in providing an immediate level of review in vaccine litigation”. Filing an appeal in the Federal Vaccine Court is more complex because of an additional […]

The Food and Drug Administration has approved a new flu vaccine, specifically geared for patients age 65 and over. The Seqirus’ Fluad is the first flu vaccine to include an adjuvant, a compound that helps vaccines work more effectively. Fluad has been used in other countries since 1997 and is currently in use in 38 […]

Scharffenberger v. HHS, (Fed. Cl. Spec. Mstr. Nov. 10, 2015) (Williams, J) The Special Master had reduced a DC vaccine attorney’s hourly rate of $361 to $305.  Petitioner argued that the Special Master had erroneously applied a rate based on Vaccine Act practitioners generally instead of the District of Columbia forum rate. The reviewing judge […]

Means v. HHS, (Fed. Cl. Spec. Mstr. Oct. 13, 2015) (Dorsey, CSM) Susac’s Syndrome is a condition diagnosed in patients who experience an identifiable triad of symptoms: an encephalopathy, branch retinal artery occlusion, and hearing loss.  It is an autoimmune endotheliopathy.  It can be mistaken for MS or ADEM.  Information regarding the pathogenesis and natural […]

Lewis v. HHS (Fed. Cl. Spec. Mstr. Oct. 13, 2015) (Moran, SM) The parties disputed whether the onset of Petitioner’s shoulder injury occurred during the table time period, i.e., Respondent alleged that Petitioner’s onset occurred too soon, the day after the vaccine.  Neither party requested a fact hearing, and the Special Master ruled on the […]

D.B. v. HHS, (Fed. Cl. Spec. Mstr. Nov. 18, 2015) (Hamilton-Fieldman, SM) Petitioner had previously moved for dismissal for insufficient proof, which motion had been granted.  The parties had experts and were scheduled to try the case, but counsel, in his motion, “indicated that upon a review of the medical records, he did not believe […]

Day v. HHS,(Fed. Cl. Spec. Mstr. Nov. 13, 2015) (Dorsey, CSM) Neuromyelitis Optica (NMO) is a demyelinating autoimmune disorder consisting of optic neuritis and transverse myelopathy.  In NMO, the immune system becomes confused and begins to attack the body’s astrocytes rather than foreign pathogens, causing swelling in the brain and spinal cord.  NMO-IgG antibodies target […]

Cozart v. HHS, (Fed. Cl. Spec. Mstr. Oct. 15, 2015) (Dorsey, SM)* Petitioners had advanced the Triple-Risk Model for causation – vulnerable infant, critical development period, and exogenous stressor(s).  The autopsy revealed that the infant had a susceptibility factor for SIDS, arcuate nucleus hypoplasia, which causes a malfunction in the 5HT system which regulates ventilation […]

Waterman v. HHS (Fed. Cl. Oct. 23, 2015) (Campbell-Smith, CJ) Petitioners ultimately advanced a theory of a Table Encephalopathy following DTaP and Respondent filed a motion for ruling on the record.  The special master denied compensation, holding that there was no evidence the baby suffered from an encephalopathy or that the death was a sequela […]

McGuire v. HHS, (Fed. Cl. Spec. Mstr. Sep. 18, 2015) (Moran, SM) The bottom line holding is that the Petitioner “failed to present a reliable basis for concluding, on a more-likely-than-not basis, that the HPV vaccination can cause headaches that last for months and years.” As a preliminary matter, the Court accepted the parties’ stipulation […]

McCulloch v. HHS, (Fed. Cl. Spec. Mstr. Sep, 1, 2015 ) (Gowen, SM) Although the Court noted that the relevant “forum” for purposes of forum rates in the Vaccine Program was Washington, D.C., the court went on to hold that the appropriate forum was actually the Vaccine Program itself. The Special Master held that the […]

Lamare v. HHS, (Fed. Cl. Jul. 29, 2015) (Horn, J) In an interim fees decision, the special master had included information regarding the Petitioner’s medical condition.  As Petitioner was an adult, the case style reflected her full name.  Petitioner filed a motion to redact the Petitioner’s name and replace it with her initials, or alternatively […]

Kenzora v. HHS, (Fed. Cl. Spec. Mstr. Sep. 25, 2015) (Dorsey, CSM) A transverse myelitis case had been compensated in 2013, and provided for an annuity payment of $6000 per month for 5 years, life contingent, increasing at 3% compounded annually.  In 2015, Petitioner filed a Motion for Relief from Judgment, asserting that his monthly […]

J.T. v. HHS, (Fed. Cl. Spec. Mstr. Oct. 13, 2015) (Millman, SM) In this damages case, a dispute arose between the parties as to the appropriate methodology to calculate lost wages and they sought guidance from the special master. The Petitioner was preparing to embark on a new business venture when he became injured and […]

J.H. v. HHS, (Fed. Cl. Sep. 9, 2015) (Sweeney, J) Petitioner suffered from severe OCD, other mental illness, and cognitive disturbances prior to his vaccine injury.  At age 18, he developed a demyelinating brain injury post-Hepatitis B vaccination, however, the brain MRI confirming this was done only 2 months prior to the expiration of the […]

Cole v. HHS, (Fed. Cl. Spec. Mstr. Sep. 4, 2015) (Moran, SM) Citing Chuisano, the Court observed that “a petitioner satisfies the reasonable basis standard by presenting some evidence that supports the claim asserted in the petition.”  Respondent challenged reasonable basis because a vaccine record was never filed, resulting in the ultimate dismissal of the […]

Al-Uffi v. HHS, (Fed. Cl. Spec. Mstr. Sep. 30, 2015) (Corcoran, SM) Under Avera, the following criteria are considered in determining whether an award of interim fees is appropriate: 1) protracted proceedings; 2) costly expert testimony; and 3) undue hardship.  In this case,  Respondent argued that all three criteria had to be met.  The Court […]

Allen v. HHS, (Fed. Cl. Spec. Mstr. Sep. 26, 2015) (Vowell, SM) The Court, in one of its last decisions on the bench, wrote a 115-page opinion in this former OAP case.  The theory of the case was that 1) the child had an underlying mitochondrial disorder that made her vulnerable to the inflammatory effects […]

Santini v. HHS, Case No. 06-725V (Fed. Cl. Jun. 30, 2015) (Braden, J) This case was tried jointly with Barclay v. HHS, also in this summary.  Both cases involved an allegation that the DTaP vaccine triggered or worsened Dravet’s syndrome/SMEI in a child with an SCN1A mutation.  In the instant case, the Special Master held […]

Bushnell v. HHS, Case No. 02-1648V (Fed. Cl. Spec. Mstr. Jun. 12, 2015) (Hastings) Former OAP case alleging that a mitochondrial disorder caused an “enzyme deficiency,” leading to an “accumulation of Thimerosal contained in the vaccines he was administered,” leading to ASD. An expert report for Petitioner was filed by Dr. Donald Marks (microbiology, internal […]

Whitney v. HHS, Case No. 10-809V (Fed. Cl. Aug. 12, 2015) (Lettow, J) The Special Master had denied entitlement in this case which alleged Transverse Myelitis caused by DTaP vaccine, finding a failure of prong 2 under Althen, in light of the HHV-6 infection (this decision was included in last month’s case law summary). The […]

Sumner v. HHS, Case No. 99-946V (Fed. Cl. Spec. Mstr. Aug. 13, 2015) (Hamilton-Fieldman, SM) Petitioner alleged that as a result of the administration of MMR vaccine while pregnant, her child suffered from brain malformation, hydrocephalus, seizures, and developmental delays.  Specifically, it was alleged that the rubella component had caused a partial rubella infection in […]

Nuttal v. HHS, (Fed. Cl. Aug. 19, 2015) (Firestone, J) Petitioner advanced a theory that his CDD was the sequela of a limbic encephalitis caused by DTaP or MMR, and the case was tried on three issues 1) whether the child experienced brain inflammation, 2) whether the inflammation was severe enough to result in the […]

Jump v. HHS, Case No. 11-301V (Fla. Spec. Mstr. Aug. 31, 2015) (Hamilton-Fieldman, SM) In this case, experts for both sides agreed that Petitioner was more likely than not in the “preclinical stage” of Rheumatoid Arthritis at the time of her TDaP vaccine, potentially raising the issue of significant aggravation.  However, the special master, analyzing […]

Godfrey v. HHS, Case No. 10-565V (Fed. Cl. Aug. 19, 2015) (Firestone, J) Case Remanded for Reconsideration of Prong 1 in Light of Circuit’s Decision in Koehn Which Involved Same Experts, Same Vaccine (HPV), Same Theory and Similar Injury (SJIA vs. JAS). Appeal from a denial of entitlement in a case alleging juvenile ankylosing spondylitis […]

High Incidence of Pseudotumors After Hip Resurfacing Even in Low-Risk Patients; Results From Intensified MRI Screening Protocol Abstract A Metal-on-Metal hip pseudotumor is a mass of tissue that can form and grow around a Metal-on-Metal (MoM) hip implant. Pseudotumors are an indicator of MoM disease, a type of implant failure. This study uses Metal-Artefact Reduction […]

Revision of a Single Type of Large Metal Head Metal-on-Metal Hip Replacement Abstract Large-head metal-on-metal (MoM) total hip arthroplasties were introduced because of their purported advantages. Inflammatory pseudotumors occasionally occur after MoM hip arthroplasty and often lead to revision. The purpose of this study was to assess the outcome of revision of large-head MoM total hip […]

Mokka, J., Junnila, M., Seppanen, M., Virolainen, P., Polonen, T., Vahlberg, T., Mattila, K., Tuominen, E.K.J., Rantakokko, J., Aarimaa, V., Kukkonen, J., Makela, K.T., Acta Orthopaedica 2013; 84(6): 549-554. ABSTRACT: Background and purpose The clinical findings of adverse reaction to metal debris (ARMD) following large-diameter-head metal-on-metal total hip arthroplasty (LDH MoM THA) may include periarticular fluid collections, soft […]

Abstract: Peri-articular soft-tissue masses or ‘pseudotumors’ can occur after large-diameter metal-on-metal (MoM) resurfacing of the hip and conventional total hip replacement (THR). Our aim was to assess the incidence of pseudotumor formation and to identify risk factors for their formation in a prospective cohort study. A total of 119 patients who underwent 120 MoM THRs […]

Whitney v. HHS, Case No. 10-809V (Fed. Cl. Spec. Mstr. Jul. 20, 2015) (Moran) Testifying for Petitioner were Yuval Shafrir (pediatric neurologist), and James Oleske (immunology and pediatric infectious disease) Testifying for Respondent were Raoul Wientzen (pediatric infectious disease) and Max Wiznitzer (pediatric neurology). Petitioners presented a theory that the DTaP vaccine caused Transverse Myelitis […]

Mora v. HHS, Case No. 13-421V (Fed. Cl. Jun. 30, 2015) (Kaplan, J) In this case, the Special Master had denied a Rule 60(b) motion for relief from judgment premised on counsel’s unawareness that design defect claims had been foreclosed by the Supreme Court decision in Bruesewitz.  This case involved a child rendered paraplegic from […]

Livingston v. HHS, Case No. 12-268V (Fed. Cl. Spec. Mstr. Jun.26, 2015) (Corcoran) This case was previously dismissed after an exhaustive inquiry revealed that the child had not actually received the Rotateq vaccine as the parents believed, but rather Rondec, a prescription cough and cold medicine.  The child was alleged to have been administered this […]

Holt v. HHS, Case No. 05-0136V (Fed. Cl. Spec. Mstr. Jun. 24, 2015) (Vowell, CSM) Former OAP case, alleging significant aggravation of a mitochondrial disorder resulting in neurological symptoms somewhat resembling ASD.  The court noted, in a 104-page opinion, a “trend by some former OAP petitioners to recharacterize their children’s diagnoses as something other than […]

D’Angiolini v. HHS, Case No. 99-578V (Fed. Cl. Jul. 27, 2015) (Block, J) Appeal from a denial of entitlement in a case alleging SLE, CFS and ASIA attributable to Hepatitis B vaccination.  The Special Master had ruled that Petitioner failed to establish that he suffered from CFS and SLE, and had failed to establish that […]

­Barclay v. HHS, Case No. 07-605V (Fed. Cl. Jul. 10, 2015) (Bruggink, J) This case was tried jointly with Santini v. HHS, also in this summary.  Both cases involved an allegation that the DTaP vaccine triggered or worsened Dravet’s syndrome/SMEI in a child with an SCN1A mutation. Testifying for the petitioner had been Jean-Ronel Corbier, […]

D.S. v . HHS, No. 10-077V (Fed. Cl. Spec. Mstr. May 19, 2015)(Dorsey) Entitlement decision holding that petitioner had established that (1) she had the Miller-Fisher variant of GBS and (2) that it was caused by the Gardasil vaccine. Testifying for the petitioner was David Axelrod, M.D., an immunologist, and Stephen Schecter, M.D. a treating […]

Scharffenberger v. HHS, No. 11-221V (Fed. Cl Spec. Mstr. May 15, 2015) (Corcoran) Attorney’s Fees and Costs decision holding that the appropriate forum for an attorney practicing in Washington, DC, for purposes of determining the forum rate, is not Washington, DC, or even the Court of Federal Claims, but rather the Vaccine Program itself.  Thus, […]

O’Neill v HHS, No. 08-243V (Fed. Cl. Spec. Mstr. April 28, 2015)(Hamilton-Fieldman) Decision on Attorney’s Fees and Costs.  The court awarded the hourly rates requested for all of the firm’s paralegals and all but one of the firm’s attorneys, over the Respondent’s objection.  The court decreased travel time to 50% of the rate billed for […]

Mosley v. HHS, No. 08-724V (Fed. Cl. Spec. Mstr. Apr. 27, 2015)(Millman) Denial of entitlement on remand.  Petitioner had alleged her transverse myelitis (TM) was caused by a tetanus vaccine and the special master denied the claim after a hearing.  Petitioner appealed and the entitlement decision was vacated and remanded with instructions to consider and […]

Milik v. HHS, No. 01-064V (Fed. Cl. May 14, 2015) (Campbell-Smith, CJ) Appeal from a denial of compensation in a case alleging neurological injuries resulting from MMR vaccine; denial of entitlement was sustained. Nizar Souayah, MD, had testified for Petitioners, and Michael Kohrman, MD, had testified for Respondent. On appeal, Petitioners objected to the special […]

Guerrero v. HHS, No. 12-689V (Fed. Cl. Spec. Mstr. May 22, 2015) (Moran) Attorneys’ fees decision on remand, after CFC, vacated prior fee decision.  In the lodestar analysis, hourly rates were not at issue but a reasonable number of hours was in dispute.  In its decision, the court 1) reduced the number of hours billed […]

Brook v. HHS, No. 04-405V (Fed. Cl. Spec. Mstr. May 14, 2015)(Hastings) Denial of entitlement in a case alleging an autoimmune encephalopathy resulting in an autism spectrum disorder (ASD) caused in fact, or significantly aggravated, by MMR, varicella, and/or pneumococcal vaccines. Dr. Joseph Bellanti, an immunologist, testified for Petitioner and opined that the child had […]

McCulloch v. HHS, No. 09-023V (Fed. Cl. Spec. Mstr. May 22, 2015) (Gowen) Gardasil (HPV) vaccine was found to have caused child’s autoimmune encephalitis (ALE) and resultant seizures through molecular mimicry between the Aquaporin 4 (AQP-4) receptors in the brain and HPV strains 16 and 18 in the vaccine. A 12-year-old girl developed a fever, […]

Stryker Corporation subsidiary OtisMed will pay more than $80 million to the U.S. government to settle criminal and civil charges that allege the company sold knee replacement devices without the approval of the Food and Drug Administration. The chief executive officer of OtisMed, Charlie Chi, and the company itself pleaded guilty in December in federal […]

A California jury verdict awards $4.5 million to a man with a broken Wright Profemur  metal hip replacement. The verdict happened on Friday, June 12th when a jury in California state court decided the Wright Profemur R stem broke because of defective manufacturing.  This is the first case out of thousands to go to trial […]

Johnson & Johnson has agreed to extend their settlement agreement over their recalled DePuy ASR hip implants, according to reports by Bloomberg News.  The new agreement would pay up to $420 million more to patients excluded from the original 2013 settlement. New Deadline of January 31, 2015 The new deadline to file a claim is […]

The first new treatment for Guillain-Barre Syndrome in 20 years is entering a Phase II clinical trial. It’s called eculizumab, which is a humanized monoclonal antibody first approved by the Food and Drug Administration in 2007 to treat a rare blood disorder. In Guillain-Barre Syndrome or GBS, the body’s immune system attacks part of the […]

A pharmaceutical company is voluntarily recalling a batch of hepatitis A vaccines because of a quality issue. A Food and Drug Administration Philippines advisory listed six lots of the vaccine, with the brand name Epaxal, that are affected by this recall. The vaccines were manufactured in Spain by Crucell Switzerland AG and shipped to the […]

This year’s flu vaccine is not working well. The Centers for Disease Control and Prevention said it’s not a good match for this season’s prominent strain, which has mutated. So far most of the flu cases this year have been caused by the influenza A H3N2 strain, which is one of the strains included in […]

The U.S. Senate on Thursday confirmed Lydia Kay Griggsby to a 15-year term on the United States Court of Federal Claims At the time of nomination, she served as chief counsel for privacy and information policy for the U.S. Senate Committee on the Judiciary.  She was confirmed by a unanimous vote of the Senate. Judge […]

European health officials are reporting that 13 deaths in Italy are not related causally related to the Fluad influenza vaccine, manufactured by Novartis. The Italian Medicines Agency (AIFA) had recalled two batches of the vaccine as a precaution. AIFA, Italy’s drug regulator, has been working with the European Medicines Agency (EMA) to investigate those two batches […]

With flu season getting underway, two influenza vaccine makers are facing setbacks in the production of their lots. GlaxoSmithKline and Sanofi have encountered manufacturing issues that have delayed and reduced vaccine distribution in the United States. GlaxoSmithKline GSK’s Canadian flu vaccine plant in Quebec had contamination issues earlier this year. The U.S. Food and Drug […]

The nasal spray flu vaccine was not effective last year at preventing H1N1 infection in young children, according to health officials with the Centers for Disease Control and Prevention. Researchers looked at data from three observational studies. They were surprised to find little to no protective benefits from AstraZeneca’s nasal spray vacine against the H1N1 […]

A new study by the Food and Drug Administration shows the Fluzone High-Dose influenza vaccine is more effective than the regular vaccine at preventing the flu in older adults. The FDA approved the high-dose vaccine four years ago but wanted to know more about its prevention capabilities. The agency asked the manufacturer to conduct a […]

The surprise verdict in the Dallas, Texas Pinnacle hip trial has a lot of people worried. But here’s the reality:  This was one trial, one jury, one verdict. This is only the beginning. There are thousands of victims waiting for their turn in court. And here’s the good news: This trial uncovered Johnson & Johnson’s […]

Health officials are ahead of schedule as they expect to start trials of an Ebola vaccine in December in West Africa, a month earlier than planned. The World Health Organization announced it could know by April if the vaccine is effective and ready for mass distribution. Those at high-risk in Liberia, including health care workers […]

After seven weeks in a Dallas courtroom, a jury is now deliberating in the Pinnacle Metal on Metal hip trial. On Tuesday the lawyer for Kathleen Herlihy-Paoli urged the jury to hold Johnson & Johnson accountable for not warning patients that their DePuy Pinnacle metal on metal hips were defective. Attorney Mark Lanier accused the […]

SARASOTA, FL— (October 13, 2014) The Law Firm of mctlaw has moved its Washington, D.C. office to a larger space in the heart of the Capitol.  The new DC office is located at 1775 Pennsylvania Avenue NW; just two blocks away from the United States Court of Federal Claims and the White House. Previously located […]

Hospitals and medical professionals are reportedly making billions of dollars from drug manufacturers and medical device companies. According to data released by the U.S. government, doctors and teaching hospitals had $3.5 billion in financial ties with these companies in the last five months of 2013. For the first time, the Centers for Medicare & Medicaid […]

Why mctlaw is at the Dallas Pinnacle Hip Trial The attorneys at mctlaw have spent the past few weeks in the Dallas courtroom during the first Pinnacle bellwether trial.  Even though we are not trying this case, we believe being there in person is important to our client’s cases.  We are one of the few […]

Attorney Altom Maglio Attends Pinnacle Trial in Dallas Attorney Altom Maglio, who filed the first of the current metal-on-metal hip lawsuits in the United States, is in Dallas, TX this week attending the Pinnacle hip trial.  Mr. Maglio, and co-counsel Brian Franciskato feel strongly that to best represent their Pinnacle and ASR hip clients they need to […]

A DePuy executive faced a tough day in court defending whether or not the company did enough to make sure their Pinnacle metal on metal hip replacement was safe, according to Reuters. Pam Plouhar, VP of Clinical Research at Depuy Orthopaedics, insisted they researched the effects of metal ions to show the Pinnacle MoM hip was safe. […]

A trial involving the first of thousands of hip replacement patients to sue DePuy over its Pinnacle device is underway in Dallas. More than 6,000 lawsuits have been filed against the Johnson & Johnson subsidiary claiming its hip implant is defective and caused a number of medical problems. In this first case, a Missouri woman, […]

(Sarasota, FL — July 31, 2014) Mctlaw is proud to support the Richard R. Garland Diversity Scholarship. In 2007, the Sarasota County Bar Association created the Diversity Scholarship Fund with the goal of offering up to $5,000 in internship tuition to students from Florida law schools. This year mctlaw employed Colton Castro of the University […]

A new report published in the journal Pediatrics found adverse reactions to vaccines are rare but do happen, and in some cases, the reactions can be serious. After looking over about 20,000 research papers, the health professionals who wrote this report analyzed the results of 67 research studies that met their criteria. The team launched […]

A new HPV vaccine may be available by the end of the year that protects against several strains of the human papillomavirus. Dr. Kevin Ault, an obstetrician-gynecologist at The University of Kansas Hospital, is a leading expert on HPV. Ault said the improved vaccine will protect against seven of the 12 strains of HPV known to cause […]

U.S. health advisers say the nasal spray flu vaccine is more effective than the traditional shot for children ages two to eight. This declaration comes from the Advisory Committee on Immunization, which makes recommendations to the Centers for Disease Control and Prevention regarding vaccines. The panel said studies show children who get the spray are about […]

The Food and Drug Administration has uncovered quality control problems at a Canadian GlaxoSmithKline plant that manufactures the flu vaccine FluLaval. The FDA has ordered the British pharmaceutical company to review its manufacturing processes worldwide. On June 12 the FDA sent a warning letter to the facility in Sainte-Foy, Quebec, operated by GSK subsidiary, ID […]

The Food and Drug Administration has licensed a first-of-its-kind facility in the United States to manufacture cell-based flu vaccines. The plant is located in Holly Springs, North Carolina is owned by pharmaceutical company Novartis. The vaccine, Flucelvax, will now be produced in the U.S. for the first time. It’s the first FDA-approved seasonal influenza vaccine […]

Australian biotech company CSL has wrapped up a four-year investigation into why some children who received its flu vaccine in 2010 had febrile seizures. Studies found strains in that year’s Fluvax vaccine overstimulated the immune system of some children and adding more virus-splitting agent could reduce that response. During the 2010 flu season in the […]

Public health officials in California say the number of whooping cough cases has reached an epidemic level. In just the past two weeks, more than 800 people have come down with the illness that’s also known as pertussis. Two infants have died. According to San Diego County Health and Human Services, more than 85 percent […]

A study out this month shows a combination vaccine that protects against four diseases in one shot may increase the risk of fever-induced seizures in toddlers. The MMRV or Priorix-Tetra vaccine, used in Canada gives infants immunity against measles, mumps, rubella, and varicella, or chickenpox. Traditionally the varicella shot was given separately, but this four-in-one […]

People hurt by the defective DePuy ASR hip implant could be a step closer to getting compensation. DePuy Orthopaedics, a subsidiary of Johnson & Johnson, has waived its right to walk away from proceedings of the ASR Hip Settlement Program.  Under the terms of the agreement, the manufacturer could have pulled out of the deal […]

They exist for cars and electronics, now a consumer group is pushing for warranties on hip and knee replacement devices. Consumers Union, the policy and advocacy division of Consumer Reports, is asking implant manufacturers to provide warranties that would cover the cost of replacing a hip or knee implant if it fails to work correctly because […]

As the number of cases of Middle East Respiratory Syndrome, or MERS, continue to grow worldwide, a vaccine could be on the way. Researchers with the University of Maryland School of Medicine and biotech company Novavax say they have developed a vaccine that blocks the virus in laboratory testing. The vaccine is still in the […]