Mctlaw Wins a Groundbreaking Legal Judgment Holding Kratom Manufacturer Negligent

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 […]

Hire a Vaccine Injury Lawyer Near me

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 […]

Florida Consolidated Exactech Lawsuit Opens to Everyone Seeking Compensation for Defective Exactech Hip, Knee, or Ankle Implants

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 […]

Sauk-Suiattle appeal over fishing rights in the Skagit River

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 Completes Trademark Registration for the United Keetoowah Band of Cherokee Indians

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 […]

Attorney Ilyas Sayeg Named Co-Lead Counsel of Florida’s Consolidated Exactech Hip Knee and Ankle Lawsuits

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 […]

First Trial Date Set for Exactech Hip Knee and Ankle Cases Consolidated in Florida Court

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, […]

New Suggestions to Fix the Countermeasures Injury Compensation Program for COVID-19 Injuries

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 […]

Mctlaw’s Indian Law Practice Group Visits the Sauk-Suiattle Indian Reservation

In July, mctlaw‘s Indian law practice group attorneys Jeffrey Nelson, Derril Jordan, Pamela Levinson, Sophie Asher, Kehl Winkle, and Jason Cejka 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 […]

Attorney Derril Jordan Speaks on Ruling on Mobile Sports Wagering in Florida

Mctlaw Attorney Derril Jordan recently spoke at the National Council of Legislators From Gaming States (NCLGS) conference in Boston, on July 8. He discussed recent court rulings, how they affect the future of Indian gaming for tribes, the implications of the Seminole Tribe of Florida’s compact litigation, and how that impacts tribal and state relations. Mr. Jordan’s remarks […]

mctlaw featured by Gulfside Bank in Business Observer

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,” […]

Attorney Michael Cowgill Radio Interview about Kratom Lawsuits

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 completes the trademark registration for the United Keetoowah Band of Cherokee Indians’ insignia

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, […]

SSIT Sports Wagering Approval

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 […]

A Legal Victory for mctlaw Clients and Future Plaintiffs as Pinnacle Hip MDL Comes to an End.

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 […]


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 […]

Women File Lawsuit in Florida Against Hip Manufacturer Exactech

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 nominates Kristie Bradley to be a member of the 2022 class of Native American 40 under 40!   

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 […]

Appellate and Indian Law Attorneys File Ninth Circuit Opening Brief on Behalf of Sauk-Suiattle Indian Tribe’s Treaty Fishing Rights in United States v. Washington 

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 Civil Litigation and Appellate Practices

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 […]

Family Files Lawsuit Alleging Father of Three Died from Drinking Kratom Tea Sold as All-Natural, Organic, and Safe

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

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 […]

mctlaw Expands its Business and Government Contract Litigation Practices

SARASOTA, FL — (September 24, 2021) – mctlaw is pleased to announce the addition of  Jason Cejka to the Firm’s Sarasota, FL office. Jason Cejka’s background in Government Contract Litigation comes from time spent as in-house counsel and business advisor for a number of government and military contractors. At Lockheed Martin, Cejka worked as Contracts […]

Attorneys Join Sauk-Suiattle in Fight Over Gorge Dam

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 Sophie Asher for Prosecutions

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

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 […]

FDA Warns The public About J&J COVID-19 Vaccine for Neurological Complications

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 […]

Mctlaw Honored to Represent Sauk-Suiattle Indian Tribe

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:

Attorney Ilyas Sayeg Published in AAJ’s Trial Magazine

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. […]

mctlaw Welcomes Attorneys Sophie Asher & Kehl Van Winkle

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 […]

FDA Approves Third COVID-19 Vaccine

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 […]

Should I get a Covid Vaccine? What the CDC Says

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 […]

Moderna COVID-19 Vaccine Approved

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 […]

CDC, FDA Approve First COVID-19 Vaccine for U.S.

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 […]

Research Shows Neurological Issues Linked to COVID-19

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 […]

COVID-19 Vaccine Injuries Harder to Get Compensation from Government Program

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 Paused After Illness

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 […]

Covid-19 Vaccine Transverse Myelitis Reaction Investigation Expanded

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 […]

Coronavirus Vaccine Trials Showing Day Long Side Effects

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, […]

What are the Stages of Vaccine Development and Testing?

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 […]

COVID-19 Vaccine Likely a Year Away for Most People

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 […]

Mctlaw Welcomes Attorney Jeffrey Nelson

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 […]

ACCV Meeting on Proposed Removal of SIRVA and Syncope from Vaccine Injury Table

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 […]

Guillain-Barré Syndrome in the NVICP

Facebook Live on Guillain-Barré Syndrome in the NVICP can’t be loaded because JavaScript is disabled: Vaccine Facebook Live ( mctlaw attorneys Anne Toale, Danielle Strait, and Diana Stadelnikas went live on Facebook to discuss GBS in the NVICP. Watch the video here or read the transcript below. Transcript Anne Toale: Hi. Welcome to our […]

Grey’s Anatomy FaceBook Live on Dr. Weber’s Failed Metal on Metal Hip Replacement | mctlaw.

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 […]

Statement Against Proposal to Remove Sirva from Vaccine Injury Table

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 […]

mctlaw Coronavirus Update

Due to COVID-19,  mctlaw’s entire staff has transitioned to working remotely. Our Firm remains open, but our physical offices in Seattle, Washington; Washington, DC; and Sarasota, Florida are closed. Fortunately, we have planned for this contingency.  The attorneys, paralegals, and operations staff of mctlaw will continue their work with little disruption. To our clients, rest […]

Long Time Seattle Attorney Talis Abolins Joins mctlaw

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 […]

Judge Orders Biomet Internal Documents to go Public

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 […]

Biomet Reports Show Rising Litigation Liabilities for Metal Hips

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 […]

What is the Status of the Biomet Hip Litigation?

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 Cowgill. In May, mctlaw and its’ co-counsel will face Biomet in trial. […]

Typical Settlement Amount in a Metal on Metal Hip Lawsuit?

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 […]

Biomet (ZBH) Facing 19 Trials On Metal on Metal Hips

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 […]

Ilyas Sayeg Promoted to Partner at mctlaw

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 […]

Almost 50 Vaccine Injury Decisions and Settlements Added

This week mctlaw posted nearly 50 new vaccine injury decisions and settlement amounts to its case results page at  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 […]

See mctlaw’s New Washington, DC Office

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 Honored by VIP Bar Assoc.

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 […]

mctlaw Attorneys Involved in VIP Bar Conference

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 […]

mctlaw Helps Train New Vaccine Injury Attorneys

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 […]

Storyline About MoM Hips Featured on NBC Show New Amsterdam

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 […]

Maglio to Lead Pinnacle/ASR Attorney Group

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 […]

Attorney Christina Unkel a FIFA Rules Expert

 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 Could be Stored at Room Temperatures

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 […]

Study: Vaccine Reduced Disease Rates in Kenyan Community

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 […]

Future of Medicine: “Needle-Free” Hep B Vaccine

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 […]

Researchers Developing Room Temp-Stored Vaccine

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 […]

Injured Patients Motion for Status Conference

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 […]

Investigating FDA’s Hidden Reports

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 […]

Women Possibly At Higher Risk for Medical Device Failures?

“Are women more likely to be harmed by medical device failures?” By: Ben Hallman 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 […]

Victims & Medical Professionals Not Warned of Product Failures

Article link: 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 […]

European Lobbying Impeded on Safety of Medical Devices

Article Link: 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 […]

Victim Hope Fluctuating

Article Link: 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: […]

Medical Devices Cause Unexpected Issues in Patients

Article link: 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 […]

Defective Medical Device Victims Speak Out

Article Link: 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 […]

Both Sides Close to a Deal in Pinnacle Hip Implant Cases

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 […]

J&J To Pay $120 Million to Settle False DePuy Marketing Claims

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% […]

Kentucky Patients – Infections from Flu Shots & Other Vaccines

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 […]

Attorney Michael J. Cowgill Joins mctlaw

(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 […]

NBC Biomet Report Features Patient Represented by MCTLaw

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, […]

DePuy Allegedly in Process to Settle Pinnacle MoM Hip Cases

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 […]

FDA to Overhaul of System that Approved Defective Metal Hips

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, […]

CA Lawsuit Claims Biomet Misleading with False Info

(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 […]

“The Bleeding Edge” Documentary and Problems with FDA

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 […]

6/13/18 Punitive Damages Allowed-Biomet Knew of Metal Hip Flaws

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 […]

Higher Wear Rates for Biomet Hips than Other MoM Hips

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 […]

Biomet M2a Magnum Hip is Hard to Revise

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 […]

Study: Biomet M2a Magnum Heads Greatly Increase Risks

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 […]

Study: Metal Hips Cause Higher Metal Ion Levels than Resurfacing

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 […]

~9% Chance of Pseudotumors 5 Years After Biomet Magnum M2a Hip

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 […]

Monitor for Cobalt-Chromium Levels and Pseudotumors Very Early On

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 […]

FL Biomet Hip Lawsuit: Metal Poisoning, Loopholes, etc.

(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 […]

Metal Hips Cause Levels 26x Cobalt Increase and 15x Chromium Increase

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. […]

Mctlaw Welcomes Attorney Michele Stephan to the Firm

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 […]

2/21/18 Biomet Leaders Forced into Depositions with MCT Law Attorneys

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 […]

1/31/18 Documents Find Bad Quality Control at M2a Production Plant

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 […]

1/11/18 – MCT Law Forces Biomet to Produce Internal Sales Training

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 […]

06/17 Biomet Forced to Produce Documents with Electronic Search

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 […]

Attorneys Ready for First US Trial Against Biomet Over M2a Hips

(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 […]

Metal on Metal Hips Linked to Early Onset Dementia and Depression

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 […]

Pseudotumor in a Patient with a Biomet Hip Implant

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 […]

Vision Loss from Cobalt Poisoning of the Eye from MoM Hip Replacement

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 […]

Check for Metal Hip Issues if Patient has Cobalt-Related Heart Concern

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 […]

Cobalt Toxicity from Metal Hip Causes Vision Damage

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 […]

4/18/13 Biomet Hip MDL Plaintiffs Face Limits in Electronic Discovery

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 […]

10/12/12 – Biomet Hip MDL is Created

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 […]

Biomet Magnum Hips and Heart Problems from High Cobalt Ion Levels

Research Title: Progressive Cardiomyopathy in a Patient with Elevated Cobalt Ion Levels and Bilateral Metal-on-Metal Hip Arthroplasties Abstract: Cobalt poisoning, which is also referred to as cobalt toxicity or cobalt disease, is caused by excessive levels of cobalt in the body. It is a rare but serious possible side effect of Metal-on-Metal (MoM) total hip […]

Adverse Reaction to Metal Debris from Biomet Metal Hip Arthroplasty

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 […]

Blood Tests to Diagnose Tissue Death from Metal Hip Problems

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 […]

Article by MCT Attorneys Published in the NC Bar Journal

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 […]

Ticking Time-Bombs Implanted in the Hips of Thousands of WA Patients

(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 […]

$247 Million Verdict Against J&J in DePuy Pinnacle Hip Trial

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 […]

Radio Interview about Metal on Metal Hip Problems

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 […]

Boeing Sues Biomet Over Defective M2a Magnum Hip

(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 […]

Biomet Pays $17.4 Million Criminal Penalty for Corruption

(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 […]

Judge Says Sales Rep Can Be Held Liable in State Court

(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, […]

Review of Recent Cases; Entitlement; Fees & Costs Decisions

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 […]

MCT Law Opens Seattle, WA Office to Serve West Coast Clients

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 […]

Review of Recent Cases – Attorney Fees; Entitlements; Damages

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 […]

Judge Slashes Billion Dollar Pinnacle Verdict in Half

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 […]

Review of Recent Cases Involving Attorney’s Fees & Costs

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. […]

$1 Billion Dollar Jury Award in Pinnacle Hip Trial

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 […]

Attorney’s Fees and Costs Rulings

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 […]

Substantive Decisions – MMR and Gardasil Vaccines

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 […]

Polio-like Illness Paralyzing Children

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 […]

Attorney’s Fees and Costs Rulings by Topic

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 – Motion for Review

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 – Denial of Entitlement

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 […]

Vaccines and the Risk of Febrile Seizures in Children

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 […]

Statute of Limitations – Premature Ovarian Failure

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 […]

Attorney’s Fees – Hourly Rates

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 […]

Attorney’s Fees – Hourly Rates, Expert Costs

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 […]

Denial of Entitlement – SIDS Death – Triple Risk Model

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 […]

Entitlement Ruling – Seizures/Infantile Spasms due to DTaP

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 […]

Interim Damages – Pain and Suffering $250,000

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: […]

Damages – Supplemental Attendant Care in Nursing Home

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 […]

Motion for Review Denial

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 […]

Attorney’s Fees – Reasonable Basis

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 […]

Denial – Aggravation of Leigh Disease/Death by Flumist

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 […]

Denial of Compensation – Mitochondrial Autism/Autoimmune Encephalitis

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 […]

Denial of Interim Attorney’s Fees – Reasonable Basis

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 […]

Denial of Interim Attorney’s Fees – Reasonable Basis

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 […]

Interim Attorney’s Fees, Forum Rates

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 […]

GBS Case – Damages, Future Lost Wages, Growth Rate, Discount Rate

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 […]

Guillain-Barre Syndrome and H1N1: What You Need to Know

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 […]

Dismissal of Petition – No Equitable Tolling

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 […]

Damages – SIRVA Case

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.

Attorney’s Fees and Costs – Reasonable Basis

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 […]

Vaccine Court Remains Relatively Unknown

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 Guillain-Barre Syndrome Awareness Month

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 […]

Failure of Proof of Vaccine Causing SIDS

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 […]

Denial of Motion for Review; No Jurisdiction

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 […]

Reasonableness of Expert Fees

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 […]

Attorney’s Fees and Costs: Forum Rate, Excessive Billing

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 […]

Denial of HHS Appeal of Interim Fees; Reasonable Basis

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 […]

Attorney’s fees; Waiver by HHS

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’ […]

Interim Fees: Hourly Expert Rates, Multiple Attorneys

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 […]

Claim that Liver Failure Caused by FluMist

Agnew v. HHS, (Fed. Cl. Spec. Mstr. Mar. 30, 2016) (Millman, SM) Petitioner’s theory was that FluMist, 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 in enzymes showing […]

Denial of Entitlement; RA Following Hepatitis B Vaccination

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 […]

Denial of Entitlement; SIDS

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 […]

Interim Fees-Review

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, […]

Order Affirmance on Redaction of Petitioner – Parent Names

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 […]

HPV Vaccination Held to Have Caused Urticaria

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 […]

Death After HPV Vaccine; Molecular Mimicry–Requirements

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 […]

Jury Awards Nearly $500 Million Verdict in 2016 J&J Pinnacle Trial

(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 inflammation […]

Interim Fees; Reasonable Basis; Excessive Time

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 […]

Denial of Motion to Dismiss – Equitable Tolling

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 […]

Jurors Deliberate Fate of DePuy Pinnacle Hip Trial in Dallas

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.   […]

MoM Hip Implant linked to Heart Disease in Men

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. […]

FDA increases regulation on MoM hip implants

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 […]

ABC News Interviews Diana Stadelnikas On Vaccine Injuries

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 […]

Remand Decision – Equitable Tolling Established

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 […]

Attorney’s Fees and Costs – Reasonable Basis

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 […]

No Entitlement to Causation – Autism Omnibus Case

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 […]

Denial of Entitlement – Autoimmune Encephalitis

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 […]

Entitlement to Compensation – Ulcerative Colitis caused by HPV Vaccine

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 […]

Attorney’s Fees – No Reasonable Basis

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 […]

Denial of Entitlement – Mitochondrial Autism

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 […]

Autism Omnibus Case – Warning to Counsel

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 […]

Entitlement to Fees and Costs – Reasonable Basis

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, […]

HPV Vaccine Causes New Concerns

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 […]

Ruling Granting Future Costs of Conservatorship

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 […]

Entitlement – Addison’s Disease caused by TDaP Vaccine

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 […]

Compensation Entitlement–Overlap Syndrome caused by Flu Vaccine

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 […]

Denial of Entitlement – GBS following Tetanus Vaccination

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 […]

Compensation Denial – Warning to Counsel in Mito/ASD Cases

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 […]

Denial of Subpoena to Sanofi Pasteur Regarding Fluzone

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 […]

Decision on Second Motion for Review of Fees and Costs

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, […]

Reasonable Basis Denial of Fees and Costs Affirmed

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 […]

Second Compensation Denial

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 […]

Denial of Fees Associated with Cross-Country Travel; Overstaffing

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 […]

Researchers Predict Flu Season Will Peak in February

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) […]

Study Follows the Effect of the Flu Vaccine

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 […]

Vaccine Related Injury

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 […]

Choosing the Right Attorney for your Vaccine Injury Case

A vaccine related injury, whether it’s Guillain-Barre’ Syndrome, 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 the difference […]

Spotlight on Vaccine Litigation

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 […]

Denial of Review

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 […]

Entitlement Decision – Aggravation of Susac’s Syndrome – Flu/DTaP

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 […]

Entitlement Decision – Table Brachial Neuritis – Onset Issue

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 […]

Denial of Motion to Vacate – Problems with Expert Witness

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 […]

Entitlement Decision – Neuromyelitis Optica After HPV and Flu Vaccine

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 […]

Denial of Entitlement – SIDS death – Multiple Vaccines

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 […]

Denial of Motion for Review – Infant Death post DTaP

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 […]

Attorneys’ Fees Decision Establishing Hourly Rates

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 […]

Ruling on Lost Earnings – Case Review

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 […]

Denial of Attorney’s Fees and Costs – Reasonable Basis

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 […]

Interim Attorney’s Fees & Costs Decision

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 […]

DTaP – SCN1A – Dravet’s syndrome/SMEI

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 […]

Ruling on Record-Mitochondrial Disorder

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 […]

Entitlement Denial – MMR Vaccine Caused Brain Damage In Utero

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 […]

TDaP Reaction: Causation in Fact Claim

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 RA at the time of her TDaP vaccine, potentially raising the issue of significant aggravation.  However, the special master, analyzing the […]

Case Delayed for Evaluation of Prong 1

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 […]

MRI & MARS Imaging Likely Best to Find Pseudotumors-Biomet Metal Hips

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 Single Type of Large Metal Head in Metal Hip Replacements

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 […]

Adverse Reaction to Metal Debris After ReCap-M2A-Magnum Metal 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 […]

High Chance of Pseudotumors After Large-Diameter Metal Hip Replacement

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 […]

Entitlement Denial–DTaP Alleged to Cause Transverse Myelitis

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 […]

Affirmance of Denial of Relief from Judgement

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 […]

Denial of Fees-No Basis to Claim

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 […]

Entitlement Denial–Mitochondrial Disorder

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 […]

Tetanus Vaccine and Transverse Myelitis – Timing

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 […]

Encephalopathy or Encephalitis and MMR

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 […]

Autoimmune Encephalopathy, MMR and Autism

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 […]

OtisMed to Pay $80 Million after Whistleblower Complaint

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 […]

$4.5 Million Verdict in Wright Profemur Metal Hip Case

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 […]

DePuy ASR Hip Settlement Extended Through January 2015

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 […]

Flu Vaccine Not Working Well this Year as Virus Mutates

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 […]

Senate Confirms Griggsby to Court of Federal Claims

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 […]

Results of Novartis Flu Vaccine After Reports of 13 Deaths in Italy

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 […]

Flu Shot Shortage Possible Because of Manufacturing Delays

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 […]

FluMist May Not be Effective Against H1N1 in Children

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 FluMist against the H1N1 strain of […]

Study: High-Dose Flu Vaccine More Effective in Older Adults

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 […]

What We Learned at the Pinnacle Hip Trial

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 […]

Ebola Vaccine Trials to Start in December

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 […]

Jury Now Deliberating in the Dallas Pinnacle Hip Trial

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 […]

mctlaw Expands Law Firm to Larger Washington DC Office

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 […]

Pinnacle Trial: Graphic Video & Cross-Examination

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 […]

Pinnacle Hip Trial Update: DePuy Blames Surgeons

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 […]

Lawyers Say Not Enough Done to Ensure Safety in Pinnacle Hips

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. […]

Pinnacle Hip Implant Trial Underway in Dallas

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, […]

mctlaw Supports Garland Diversity Scholarship

(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 […]

Study Shows Vaccines Cause Reactions in Some Children

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 […]

Improved HPV Vaccine May be Available This Year

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 […]

Nasal Spray Vaccine Works Better than Shot for Young Kids

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 […]

FDA Orders Flu Vaccine Manufacturer to Review Contamination Issues

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 […]

FDA Approves First U.S. Plant to Make Cell-Based Flu Vaccine

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 […]

Studies Show Cause of Seizures in Children who got Flu 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 […]

Whooping Cough Epidemic Hits Many Vaccinated People

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 […]

Study: MMRV Vaccine Increases Toddlers’ Seizure Risk

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 […]

DePuy ASR Hip Replacement Settlement Moves Forward

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 […]

Consumer Group Pushes for Hip & Knee Replacement Warranties

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 […]

Experimental Vaccine Blocks MERS in Lab Tests

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 […]

India Files Criminal Complaint Over DePuy ASR

Government health authorities in India are launching a criminal investigation into why they say it took so long for a medical device manufacturer to complete a recall of defective hip implants. The device is the DePuy ASR, sold by DePuy International, a subsidiary of Johnson & Johnson. The devices were recalled worldwide by DePuy in […]

Worst US Measles Outbreak in Over a Decade

The number of measles cases in the US so far this year makes it one of the worst outbreaks since 1996, according to the CDC.  The agency recorded 288 cases of measles in 18 states so far.  Most of those cases can be traced to people traveling overseas, catching the virus, and coming back to […]

Attorney Anne Toale Radio Interview on VICP

Vaccine attorney Anne Toale was interviewed on WSRQ radio about how the vaccine compensation program works. She also talked about how families cope with the struggles of severe reactions and how emotionally rewarding it is for her to help people get compensation through the Vaccine Court. Click Here to Listen to Anne Toale’s Interview Contact […]

Measles Outbreak Traced to Fully Vaccinated Person

Few people expect to get measles after getting the measles vaccine – or give it to someone else.  But in the case of a 22-year-old New York woman, she not only got the measles but gave it to four other people.  This startling case study reported in Clinical Infectious Diseases suggests that a recent swell of […]

New Strain of Whooping Cough Triggered by Vaccine?

Researchers from the University of NSW in Australia say the whooping cough vaccine commonly used to immunize against the disease may have actually bred a more evolved strain of the illness. The current vaccine works by locating a protein called pertactin – one of the key elements of the disease.  But the university study showed […]

New Meningitis Vaccine Gets Preliminary Go Ahead

U.S. regulators give the green light to a meningitis B vaccine produced by Swiss drugmaker, Novartis.  The company’s vaccine, Bexsero, has been given “breakthrough therapy” status.  That designation is intended to “expedite the development and review of drugs for serious or life-threatening conditions,” according to the FDA. The next step will be to get full […]

Local Lawyer a Life Saver at the Beach

(Sarasota, FL — April 11, 2014) Sarasota attorney Stephen Walker made quite a splash a few years back when he saved the lives of two surfers while on vacation.  We thought it was a great story and wanted to share it again for those of you who may have missed it the first time.  Walker […]

Study: Pro-Vaccine Messages May Backfire

Public health messages aimed at boosting childhood vaccination rates may be backfiring, a new report finds. Current efforts that use scientific studies, vaccine facts and images and stories of disease-sickened kids actually increased fears about vaccine side effects among some parents. Even when they successfully refuted claims about a link between vaccines and autism, they […]

Mumps Outbreak at Ohio State a Threat Despite Vaccinations

A mumps outbreak is causing concern at Ohio State University.  Twenty-one cases had been reported since March 14, with 17 of those infected being Ohio State students. Mumps is a viral infection of the salivary glands, according to the Centers for Disease Control and Prevention website. It can spread through coughing, sneezing, or contact with […]

Cancer Vaccine for Advanced Melanoma Found Effective

An experimental vaccine to treat advanced melanoma, the deadliest form of skin cancer, proved effective in a late-stage study. According to an article reported by Reuters, the vaccine shrank tumors that were both injected directly by the drug and those around the body that were not injected. The drug, known as T-vec, is an engineered […]

Rare Meningitis Strain Discovered Kills Drexel Student

Princeton University continues to guard against a rare strain of meningitis that sickened several people on the campus last year and killed a Drexel University student in early March. The Centers for Disease Control and Prevention warned that the strain may not have been eradicated at Princeton — even though 95 percent of those eligible […]

Room-Temperature Vaccine Potential “Game-Changer”

Scientists have developed a revolutionary vaccine that does not require refrigeration or booster shots, making the so-called nanovaccine a potential “game-changer” in curbing disease in the developing world. Experts believe the drug, which is delivered in a nose spray, could extend immunization to millions of people who are not now vaccinated against dangerous, infectious diseases. […]

The Flu Patch? A New Vaccine Could Skip the Needle

Soon, getting the flu vaccine could be as easy as slapping on a patch. Yep, you read that right. Researchers at the Georgia Institute of Technology (a.k.a. Georgia Tech) have developed a flu vaccine patch that would not only allow people to ditch the needle but also administer the vaccine themselves. The patch is covered […]

Google able to map flu trends based on search queries

When most people need the answer to something, their first option is to “Google” it. Need directions to an unfamiliar place? Google it.  Need instructions on how to build something?  Google it.  Worried that your cold is actually something more serious like the flu? Google it.  This flu season, the folks at Google are learning that […]

CDC Announces Changes to 2014 Adult Immunization Schedule

There are a few new recommendations for this year’s adult immunization schedule.  Each year, the CDC’s Advisory Committee on Immunization Practices reviews the schedule and suggests any possible changes, and the group recently released its suggestions for 2014.  Among the key changes are revised notes on administering vaccines for several illnesses, including the flu, HPV, […]

“House” TV Episode Helps Doctor Diagnose Cobalt Poisoning

TV shows are entertaining and sometimes even educational.  But in the case of one German patient and his doctor, a popular television drama was life-saving. A 55-year-old man was suffering from severe heart failure and a puzzling mix of symptoms, including fever, blindness, deafness and swollen lymph nodes. His condition stumped doctors for months. It wasn’t […]

CDC: Some Babies Mistakenly Injected with Oral Vaccine

A new Centers for Disease Control (CDC) report shows that some healthcare providers made a mistake when giving the rotavirus vaccine to infant patients.  The vaccine protects against a stomach virus that can cause severe diarrhea, and is designed to be given orally, by placing drops in a baby’s mouth.  However, a recent CDC study identifies […]

Brian Corcoran Appointed Special Master of Vaccine Program

Brian Corcoran is the new Special Master of the National Vaccine Injury Compensation Program.  Appointed January 13th, Corcoran will now oversee and decide vaccine claims. Experience He is a seasoned trial attorney with experience in a wide variety of legal matters,  including intellectual property, general commercial disputes, tax matters, and pro bono civil rights and […]

Girl Falls Asleep 30 Times a Day after Flu Shot

What was supposed to be a simple vaccination against the swine flu has turned into a nightmare for a 15-year-old girl living in the UK.  Just four months after receiving the shot, Chloe Glasson developed narcolepsy. Now, her family says she falls asleep without warning up to 30 times a day. Chloe is one of […]

Merck Voluntarily Recalls HPV Vaccine Gardasil

Merck recently issued a voluntary recall of one lot of its vaccine, Gardasil, due to glass shards in some of the vials.  Gardasil is one of two vaccines approved to protect against cancer-causing strains of the human papillomavirus (HPV) infection. 10 Affected Vials According to the CDC, Merck asked offices and clinics that received lot J007354 to […]

FDA Approves First Adjuvanted Vaccine for H5N1

The FDA is adding a new vaccine to its “worst case scenario” pandemic stockpile.  The vaccine is meant for the H5N1 avian influenza but will not be released to the general public.  The vaccine would only be used in case an avian flu type virus develops the ability to spread quickly from human to human. […]

J&J Agrees to a $2.5 Billion Settlement for ASR

Johnson & Johnson announced a $2.5 billion dollar settlement agreement for patients who had a DePuy ASR hip implanted and then revised before August 31, 2013.  J&J will pay $250,000 to qualified patients who had their ASR metal on metal hip implants removed and replaced with another type of hip device.  However, that amount can […]

J&J May Offer $350,000 to Settle DePuy ASR Hip Lawsuits

Johnson & Johnson could settle their troubled DePuy ASR hip recall cases at a cost of $4 billion, according to the New York Times. Anonymous sources say the settlement plan has to clear some legal hurdles before becoming reality.  A formal announcement from DePuy and J&J is expected in the next few days. Eligibility The […]

FDA Gives Approval For New Quadrivalent Flu Shots

Two new quadrivalent flu vaccines just approved by the FDA, are expected to be available to consumers for the upcoming 2013-14 flu season.  French drugmaker Sanofi SA and British GlaxoSmithKline have both been approved by the FDA to supply the new four strain flu vaccines to consumers in the US.  The Sanofi Fluzone Quadrivalent vaccine […]

Attorney Talks About Metal on Metal Hip Recalls on Radio Show

Another of the mctlaw attorneys is featured on the news discussing metal on metal hips and medical problems associated with them. Ilyas Sayeg, a lawyer focused on metal hip litigation with the firm, was interviewed on the FM radio show, “Health IQ with Heidi Godman.” Potential Metal Hip Claim? If you have a metal-on-metal hip […]

J&J Pays $22.9 Million Settlement Over Drug Recalls

Johnson & Johnson has agreed to a $22.9 million settlement with investors, according to a Bloomberg Law report on July 17.  The settlement will go to investors who filed a lawsuit against the company after the largest recall of over-the-counter children’s medicine in US history.  The suit, which was filed in the US District Court […]

Metal on Metal Hip Replacements Could Lead to Heart Problems

New research shows people with metal-on-metal hip implants may have a higher chance of developing heart problems because of long-term metal exposure. The study is titled “Metal-on-Metal Hip Prostheses and Systemic Health: A Cross-Sectional Association Study 8 Years after Implantation,”  and examines how metal-on-metal hip bearings affect the organs of the body. Scientists looked at […]

Japan No Longer Recommends HPV Vaccination for Girls

The Japanese government says it will no longer recommend HPV vaccination for girls, according to reports in   News reports say the Japanese public is concerned about the adverse effects from the cervical cancer vaccine.  The Japanese Health Ministry will not promote the use of the HPV vaccines, such as Gardasil and Cervarix until more […]

Meet the Vaccine Court Special Masters in a Live Webcast

It’s a groundbreaking opportunity to meet the men and women who make up the Office of Special Masters in the Federal Vaccine Court.  These are the specially appointed attorneys who review vaccine claim and play a large role in how vaccine injury victims are compensated.  The live webcast will take audience questions about vaccine jurisdictions and […]

Johnson & Johnson Won’t Make or Sell Metal on Metal Hip Implants

This week Johnson & Johnson announced it will stop selling any metal-on-metal hip replacements.  The Pinnacle Ultamet Metal on Metal Articulation will not be available after August 31st of 2013.  The statement was released on the DePuy Orthopaedics website and can be reviewed here. Discontinued Because of Low Sales? Or Because of High Failures? J&J […]

23 Year Old Woman Recovering from GBS After Flu Mist

A healthy and active 23-year-old air force mechanic fights to recover from Guillain-Barré Syndrome after receiving a flu mist vaccine.  According to a story in The Air Force Times, Airman 1st Class Lori Cord became almost completely paralyzed from GBS.  It’s taken her months of physical therapy and medical treatment to regain 50% of her mobility.  Her doctors say they don’t […]

Lawsuits Filed Across US Against DePuy

(LAS VEGAS, NEVADA) — This week, clients of mctlaw in 5 states around the country filed lawsuits against DePuy Orthopaedics, Inc., Johnson & Johnson, and their distributors.  The suits were filed in Texas, Nevada, New Jersey, Wisconsin, and Maryland on behalf of patients injured by the defective ASR hip replacement implant.  None of the patients […]

Surgeon Blasts J&J in Court for Hiding ASR Hip Problems

DePuy and Johnson & Johnson caused one of Britain’s top orthopedic surgeons to question his own skills as a doctor.   That was Mr. Tony Nargol’s dramatic testimony in a Chicago courtroom earlier this week (British surgeons are referred to as “Mr.” rather than “Dr.”).   Nargol says he told DePuy Orthopaedics about problems with the ASR […]

$8.3 Million Verdict in Johnson & Johnson DePuy Hip Recall Lawsuit

$8.3 million dollars is the cost to Johnson & Johnson for designing a defective hip implant, says a jury today.  This is the first verdict in the U.S. against DePuy Orthopaedics and its parent company, Johnson & Johnson.  There are currently about 10,000 cases pending against the health care giant. Jury Gives Extra Compensatory Damages, […]

Johnson & Johnson Defense Witness: Hurting or helping case?

(March 6, 2013) Right now the jury is on its third day of deliberations in the first US trial over the recalled DePuy ASR hip implant.  While the jury carefully re-examines thousands of exhibits, we’re also looking back at moments in the trial where things may not have gone the way Johnson & Johnson had hoped. […]

DePuy’s Internal E-mails About ASR Hip Problems

Today the jury remains in deliberation over the fate of the first DePuy ASR hip recall lawsuit in the U.S.  Some of the most damaging documents that they’ve seen and read include internal emails made public during the trial.  The emails are from doctors to DePuy executives discussing the high failure rates their patients are […]

Closing Arguments Begin in CA DePuy Hip Recall Lawsuit

“They don’t have a soul,” is how attorney Brian Panish put it when talking about Johnson & Johnson’s aggressive sales and marketing of the DePuy ASR.  Closing arguments began today in the first DePuy ASR hip recall case to go to trial in the U.S.  Jurors will decide if  Johnson & Johnson designed, marketed, and […]

Criminal Corruption Charges Against DePuy Filed by Greek Prosecutors

According to The Washington Post,  Greek prosecutors have brought criminal corruption charges against five DePuy officials in connection with state hospital purchases of DePuy products.  DePuy officials are being charged with bribery and money laundering in connection with dealings that took place between 1998 and 2006.  The five DePuy officials, whose names were not released, […]

UK Officials Calling for Criminal Investigation into DePuy

British newspaper, The Telegraph, reveals that several MPs (members of the British Parliament) are calling for criminal investigations into the marketing and sales of the DePuy ASR hip implant to British patients.  In the report, the British MPs claim that DePuy, a subsidiary of Johnson & Johnson, sold what it knew to be a potentially […]

Johnson & Johnson Recalls Another Metal on Metal Hip Implant

Just two and a half years after the highly publicized Johnson & Johnson recall of the DePuy ASR Hip Implant, the health care giant is recalling yet another metal on metal hip because a “higher than expected percentage of them had to be replaced.”  This time the recall is for the Adept brand all-metal total […]

Johnson & Johnson Aware of 40% Failure Rate in DePuy Hip

Johnson & Johnson documents show a 40% failure rate for the DePuy ASR metal on metal hip within 5 years. That troubling statistic comes from an internal study conducted by Johnson & Johnson but never released to the public or the medical community until this week in court records.  It’s just one of the thousands […]

National Influenza Vaccination Week is December 2-8, 2012

The push is on to get your seasonal flu shot.  The kickoff to the season starts with National Influenza Vaccine week, from December 2nd through December 8th, 2012. The goal of this 7 day focus on the flu shot is to encourage people to get vaccinated as soon as possible. Every year millions of Americans get a flu […]

Attend the National Vaccine Committee Meeting via Webinar

Anyone who wants to learn more about the National Vaccine Program can attend a public meeting of the National Vaccine Advisory Committee. When and How to Attend The meeting dates are September 11-12, 2012 in Washington, DC.  But you can also attend the meeting from the comfort of your computer screen by watching via webinar.  However, you have to pre-register online.  […]

Merck Accused of Lying About Effectiveness of Mumps Vaccine

Millions of US children could be susceptible to the Mumps virus, even though they were vaccinated for the contagious childhood disease. Details of a whistleblower lawsuit against vaccine maker Merck accuse the pharma giant of selling a weakened mumps vaccine since 1999 that doesn’t work as well as Merck claims it does. The lawsuit filed […]

H1N1 Flu Shot Linked to Guillain-Barre Syndrome

A new study reported in the Journal of the American Medical Association (JAMA) shows a “small but significant risk” of getting Guillain-Barre Syndrome from the H1N1 vaccine. According to the L.A. Times, researchers in Canada tracked down 83 confirmed cases of GBS diagnosed in that country between October 2009 and March 2010.   In 25 of those cases, […]

FDA Panel Sees No Reason to Use Metal Hip Implants

There’s no good reason to use a metal-on-metal hip implant.  That announcement came Thursday, June 28th  from a panel of health experts advising the FDA on the problems with metal hips.  It’s a conclusion that thousands of people with recalled DePuy ASR hip implants already know as they struggle with the effects of their defective hips. […]

DePuy’s Marketing Campaign Ironic to Recalled Hip Victims

The PR Department at DePuy Orthopaedics must not understand the concept of irony. The company just released a new marketing booklet called “Had I Known Then…”  co-authored by Ellen Spragins and featuring Hollywood actress Jane Kaczmarek from “Malcolm in the Middle.”  The free booklet includes a series of letters from joint replacement patients to their […]

May is Guillain Barre Syndrome Awareness Month

Did you know that May is International Guillain-Barre Syndrome Awareness Month?  The GBS/CIDP International Foundation is leading groups in communities all over the world to highlight GBS and CIDP through fundraisers, walks, 5K runs, bake sales, fashion shows, and art receptions.  The goal is to let others know about GBS/CIDP and their variants.  Here is […]

Hip Recall Victims Fighting Back with Online Petition

Hip recall victims are fighting back by targeting Johnson & Johnson with a national petition asking the company to “do the right thing.”  Hundreds of people have already signed the petition.  They’re asking J&J to start compensating victims for the pain and misery they’ve been put through by the company’s recalled DePuy ASR hip replacement. […]

DePuy US Layoffs-Profits Despite Global Hip Recall

Big changes ahead for employees at DePuy Orthopaedics in Warsaw, Indiana.  The company announced that it will layoff workers in the near future, according to reports from several Indiana business news websites and a statement from DePuy.  No word yet on how many jobs will be cut or when the layoffs will take place.  DePuy […]

DePuy Recall Patients: Beware of a Company Called Broadspire

Johnson & Johnson would love to settle your artificial hip recall claims. They’ve just hired a company called Broadspire to take care of the details.  All you have to do is hand over your rights.  It’s a controversial move by Johnson & Johnson in the DePuy Hip recall.  They’ve hired Broadspire to act like an […]

The FDA’s Vicious Cycle of Money, Power, and Pain

The FDA is in a financial fight for its life, and the outcome could cost many patients theirs.  The agency is supposed to protect Americans from dangerous and defective medical products, but it hasn’t done such a great job lately.  Huge budget cuts for the FDA could make things a lot worse. Back in 1992, […]

Are Those Horns Coming Out Of A DePuy ASR Hip Implant?

While thousands of people may consider the recalled ASR hip replacement wicked because of problems with loosening, metal debris and a host of other issues, we never expected it to actually have evil horns!  So how did the ASR 300 end up with spikes coming out of it?  And what are they for?  Here’s what […]

DePuy President Resigns, Leaving Hip Recall Mess Behind

The president of Johnson & Johnson’s DePuy Orthopedics is quitting, according to reports in the Wall Street Journal, New York Times, and Bloomberg News.  David Floyd turned in his resignation last week and plans to leave the company at the end of this month. His sudden departure comes just months after DePuy Orthopaedics recalled its […]

FDA Kind-of Sort-of Warns Patients about Metal-on-Metal Hip Implants

Recently the FDA posted a lukewarm warning about metal debris in patients with metal-on-metal hip implants like the DePuy ASR Hip.  It’s not exactly a resounding call to action, but at least it’s a start. The warning itself doesn’t give many specifics: “Different people will react to these metal particles in different ways. At this […]

Report on Depuy ASR Hip Recall & the Impact on Patient Lives

The re-posted news article below with how patients are dealing with the DePuy ASR Hip Recall.  It’s amazing to hear the emotional stories of what these patients have had to go through once they discover their DePuy hip implant is the cause of their pain. Click here for a direct link to the news article: […]

DePuy Paying Surgeons Cash for Copies of YOUR Medical Records

Astonishing news about what DePuy is willing to pay to get your medical records. A recent letter from DePuy offers to pay orthopedic surgeons $50.00 for every medical release their ASR patients sign and return.  With over 91,000 ASR patients out there, that means DePuy is willing to pay out more than $4.5 MILLION dollars […]

Q&A#4-Classic Symptoms of a Loose Recalled Depuy ASR Hip Implant

Patients who have a loose ASR hip implant often experience a number of different symptoms. However, there is one classic symptom that almost always accompanies a loosened ASR Hip Cup: Lift-Off Pain. Patients who have this symptom know it because it’s a rather intense feeling. Watch the video for details of what this classic symptom […]

Q&A #2 Depuy ASR Hip Recall- Do I need another surgery?

One of the biggest questions for patients who have the recalled Depuy ASR hip implanted in their bodies is “will I need to have another surgery?”  A recall for a car or a toy or any other product usually means you have to bring it in for repairs.  If the recalled product is your new […]

Companies like DePuy Caught Paying Ortho Docs Millions- But For What?

Of course, companies like DePuy have deep pockets, but until this article in USA Today, it wasn’t clear just how deep.  The Archives of Internal Medicine conducted a study showing that 41 orthopedic doctors accepted over 114-million dollars from companies like DePuy & Zimmer in “payments.”  What exactly those payments were for is unclear, but […]

Metal on Metal Bearings: Better or Worse?

Interesting questions posted by the Dept. of Medical Engineering and Physics at the Royal Perth Hospital in Australia. Notice how they specifically cite the Depuy ASR Hip as an example of problems with the bearings.  Even more interesting, the bulletin was published in March 2010- 5 months BEFORE the official Depuy ASR Hip Implant recall.  […]

How Many US Patients have Defective DePuy ASR Hip Implants?

A worldwide recall is never a good thing for a company.  And when you break down the numbers in DePuy’s recent ASR hip implant recall, the statistics don’t look good for patients in the United States. Take a look at the math: 93,000- The number of ASRs sold and implanted worldwide 11,160- The probable number […]

4 Patients File Lawsuit Against DePuy Over Recalled ASR Hips

An interesting lawsuit filed today on behalf of 4 patients who all had their failed ASR hip implants removed in a 2nd surgery.  The unique angle to this story is who they’re NOT suing.  Here’s a quote: “We don’t believe in suing the doctors and hospitals because they did nothing wrong – this is a […]

Is the United States Ground Zero for ASR Hip Failures?

Interesting article showing the DePuy ASR Recall is indeed worldwide.  However the international connections to the US legal fight indicate that the United States may be ground zero for high ASR hip failures. Australian Signs on to US Johnson & Johnson DePuy ASR Hip Implant Lawsuit Date Published: Friday, September 17th, 2010 The Johnson & […]

How To Choose An Attorney if you Have a DePuy ASR Hip Failure Case

Let’s say you have a DePuy ASR hip implant and you’re having problems.  The Orthopedist says you’ll need a second surgery to replace the bad ASR.  Maybe you’ve already had the surgery and you’re on your second hip implant. Either way, its expensive, time consuming, and really painful.  You think to yourself, “its time to […]

Video of DePuy ASR Hip Failure Symptoms

If you have a failed DePuy ASR Hip Implant, you probably already know this, but for patients with the implant and no symptoms yet, this information and video can help you know what to look for. DePuy Hip Implant Failures- Video of symptoms Some of the symptoms of the ASR hip failure are pain or […]

How to tell if you have one of the failed DePuy hips

Since the DePuy ASR hip recall 2 weeks ago, a lot of people are wondering:  “How do I find out if I have one of the failed hips?”  It’s a good question, but there’s no clear answer. Failed DePuy ASR Hip removed from a patient during revision surgery How the recall works: Usually when a […]

Interesting Study from Mayo Clinic about metal on metal hip failures.

The research abstract below is excellent background information for anyone who may have experienced these types of hip failure issues.  Clin Orthop Relat Res. 2010 Sep;468(9):2313-20. Failed metal-on-metal hip arthroplasties: a spectrum of clinical presentations and operative findings. Browne JA, Bechtold CD, Berry DJ, Hanssen AD, Lewallen DG. Mayo Clinic, 200 First Street SW, Rochester, […]

RECALLED! The DePuy ASR Hip Replacement by Johnson & Johnson

Just this week DePuy Othopaedics, Inc. issued a WORLDWIDE recall of both its ASR XL Acetabular System (total hip replacement) and its DePuy ASR Hip Resurfacing System.  Unfortunately, this recall comes too late for patients who were sold these devices.  This isn’t a typical product recall where you can pull something off the shelves or […]

Mctlaw Celebrates 10 Years

(March 2009- Sarasota, FL) – Mctlaw is pleased to celebrate 10 years in business.  The Firm was founded on March 1, 1999, by Altom M. Maglio and has since grown to encompass a wide variety of practice areas and attorneys.  The Firm would like to thank its clients for their trust and loyalty for all […]