They manufacture, market and sell prescriptions and medical devices they allegedly know to be harmful – then, when caught and called to the carpet on it, wind up paying out fines, penalties and settlements that amount to pocket change in relation to their multi-billion dollar profits (which they write off as the “cost of doing business”). Not one executive goes to jail.
If you have been prescribed a dangerous drug or received a defective medical device – such as a hip or joint implant or a pelvic mesh, both of which have been demonstrated to cause serious health problems – you understand that you have a right to sue the manufacturer for damages.
The Honorable Judge Carol Higbee of the New Jersey Superior Court has informed Johnson & Johnson that she will brook no more delays.
One of the standards used to determine liability in a personal injury case is whether or not the defendant knew, or should have known, that the cause of action would cause harm to the plaintiff. Another standard is whether or not the defendant failed in its duty to warn the plaintiff(s) about the hazards product or circumstances that led to the defendant's injuries.
Several news sources have reported that the first salvo in the legal battle against manufacturers of vaginal slings have hit home. A California jury has ordered medical device maker C.R. Bard to pay $5.5 million to a woman who received the company's Avulta Plus vaginal implant, which has left her incontinent and in ongoing pain.
If you, as a natural person, receive a tax bill from the I.R.S., you can either appeal it or pay it – but you cannot ignore it without dire consequences.
If there were a military draft and you as an eligible, able-bodied, natural male between age 18 and 35 were to receive a letter from the Department of Defense, you could either report for duty as ordered or file for conscientious objector status or a deferment on some grounds – but again, you are required to respond or risk fines and prison time.
In May of 2012, a woman in Texarkana, TX filed an injury lawsuit against Boston Scientific over the vaginal sling that was implanted in her body two years ago to address the symptoms of stress incontinence (bladder control). After the surgery, she began experiencing unusual pain and bleeding as well as a condition known as dyspareunia, which adversely affects intimacy. She's suing for compensatory damages, punitive damages, exemplary damages, incidental damages, consequential damages, attorney's fees, and court costs.
Few people realize that the vast majority of lawsuits – between 95 and 98% – never go before a judge and jury.
In most cases, lawyers on both sides of an injury lawsuit are able to reach a settlement before going to trial. In fact, both sides will go to great lengths to achieve a settlement. Court trials are long, drawn-out, expensive, difficult and often messy. They can generate a lot of unwanted publicity for the defendant (the party being sued).
There was a time when “Johnson & Johnson” was one of the most trusted names in health care. Of course, unless you're on the high side of 50, you wouldn't remember that.