Litigation Resources

Overmedicating the Elderly: Chemical Restraint in American Nursing Homes

Robert Sachs, Esq. A troubling reality of drug abuse in American nursing homes is coming to light through class action lawsuits and personal stories. Family caretakers and elderly advocates are discovering a dark system of drug abuse inflicted on their elderly parents and loved ones, often when it is too late. Almost 300,000 residents currently receive antipsychotic drugs, including Risperdal, Haldol, and Seroquel, which approved to treat severe schizophrenia and bipolar disorder. However, nursing homes employ them instead to sedate, suppress, and immobilize residents, often claiming that it suppresses aggression, and anxiety that come with dementia and Alzheimers disease. Some …


Social Media Discovery/Litigation

This is the first in a series of posts about Social Media and how litigants may use it or access it.   Social media content is discoverable. The rules apply to permit discovery of “any matter, not privileged, that is relevant to the claim or defense of any party”as found in Fed. R. Civ. P. 26(b)(1). An attorney  is entitled to “electronically stored information—including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations—stored in any medium from which information can be obtained.” Fed. R. Civ. P. 34(a)(1)(A) . Subpoenas to social media providers in my experience are …


Boston Scientific Sets Aside $1 Billion for Transvaginal Mesh Trial

Chris Welsh, Esq. Boston Scientific, a medical device manufacturer and marketer , faces over 14,000 lawsuits for their transvaginal mesh device (“TVM”). The company has reportedly set aside $1 billion for legal expenses from the federal lawsuits. The defective TVM device allegedly posed risk of erosion, which caused severe complications for thousands of women–including organ perforation, infection, and intense pain. This led many to suffer painful sexual intercourse and undergo multiple revision surgeries. The latest claims, which span across state lines, have been consolidated to be heard in West Virginia district court. It’s certainly not the first case regarding …


Estimated $1 Billion Settlement for Dangerous Hip Replacement Patients

Chris Welsh, Esq. Courts in Minnesota and New Jersey have announced an important win for people injured by faulty hip devices. Nearly 4,000 people who had surgery to remove hip devices made by Stryker Corp. will share a settlement potentially worth more than $1 billion. The settlement involves those who had to endure two surgeries–one for the hip replacement, and an unfortunate second operation to replace the replacement. Such patients suffered painful complications as the Stryker devices corroded within their bodies, emitting debris from friction between metal parts into their bodies and bloodstreams. Due to the invasiveness of the procedure, …


AT&T Settles $105 Million for Unlawful Charges to Consumers

Chris Gilreath, Esq. AT&T Inc. will pay $105 million to settle claims with the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), all 50 states and the District of Columbia, that the company billed wireless customers unauthorized charges for services. $80 million will be used for customer refunds and the remainder will pay for state and federal fines. The unauthorized charges were for services offered by another company, such as subscriptions for ringtones, wallpapers, and text messages containing flirting tips, horoscopes, and celebrity gossip. The practice, also known as third party billing or mobile cramming, is a lucrative scam …


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