Google Glass is an exciting new technology from Google, the creator of the now-famous search engine by the same name. Essentially, Google Glass is a pair of glasses without lenses, but with a small computer screen in the upper-right portion of the right side of the glasses.* Despite some controversy over its potential uses and privacy concerns, physicians at the Ohio State University are already pioneering Google Glass for use in the operating room during surgery.* Dr. Christopher Kaeding, the Director of Sports Medicine at the Ohio State University, said that...

Audet and Partners, LLP reports that a second transvaginal mesh lawsuit to be heard as part of multidistrict litigation pending in West Virginia, has been settled by C.R. Bard.* The settlement resolves claims brought by plaintiffs Wanda and Greg Queen arising out of implantation of Bard's Avaulta transvaginal mesh device, allegedly requiring six subsequent remedial surgeries. The resolved case is Queen v. C.R. Bard Inc., 11-cv-00012, U.S. District Court, Southern District of West Virginia (Charleston)**. Terms of the settlement were not disclosed, but the settlement also resolves claims brought by Mr....

Johnson and Johnson, the manufacturers of certain defective artificial hips may be near settling with a large number of plaintiffs in coming weeks.* If the pharmaceutical company pays the purported $3 billion reported in the media, this will double the amount it had thus far been willing to offer to settle the lawsuits against it.* Both sides have an interest in settling the claims as multiple test trials are set for the coming months.* Between the months of September and January alone, there are seven bellwether cases set for trial.* Neither...

Shortly after a federal judge declared a mistrial in the case of Cisson v. C.R. Bard Inc., 11-cv-00195, U.S. District Court, Southern District of West Virginia (Charleston), the matter was brought back before a West Virginia jury, which rendered a substantial verdict in the amount of two million dollars.* The verdict, against C.R. Bard involved an injury that the plaintiff sustained after having an Avaulta trans-vaginal device implanted.* After deliberating, the jury rendered an award to the plaintiff in the amount of $250,000 in compensatory damages and $1.75 million in punitive damages.* C.R....

A whistleblower is usually an individual who works for a private company involved in business with the government or a government employee who witnesses some sort of inappropriate or even illegal conduct. Usually, when a whistleblower reports this type of conduct to its employer under a federal law, that federal law contains anti-retaliation provisions to protect the employee. With specific regard to whistleblowing, Under the Dodd Frank Wall Street Reform and Consumer Protection Act of 2010, at least five federal trial courts have found that whistleblowers still qualify for protection against...

Certain dialysis products such as GranuFlo and NaturaLyte carry increased risks of serious injury or even death. This increased risk is linked to elevated levels of bicarbonate in the body, a contributing factor in cardiac arrest. Even the FDA has issued a recall of GranuFlo. The FDA warned consumers that the increased sodium bicarbonate levels may contribute to metabolic alkalosis, which is a significant risk factor associated with low blood pressure, hypokalemia, hypoxemia, hypercapnia and cardiac arrhythmia, which, if not appropriately treated, may culminate in cardiopulmonary arrest. The FDA added...

Because women have unique health considerations, in addition to those they share with men, Audet & Partners LLP has launched a new website dedicated solely to issues of women’s health. The site will function as a resource for women and their loved ones to search and find resources on a wide variety of issues. The site will mainly focus on pharmaceuticals and medical devices affecting the health of women across the United States. The firm’s website, Women’s Health Law Info, can be found by navigating to http://www.womenshealthlawinfo.com. The three main issues...

  Consumers have begun to bring lawsuits against TAMKO, a roofing company that manufacturers and sells roofing tiles for houses and other residential buildings. Despite most of these tiles coming with a thirty to fifty-year warranty, many customers have found that tiles often begin to fail within ten years from the installation. Upon presentation of the claims to the manufacturer, they have generally been quickly denied. This has left some consumers to sue in court. There are two related theories under which those with faulty roofing tiles might sue. Generally, plaintiffs might...

The da Vinci surgical robot has recently been the subject of much criticism due to the multitude of problems that doctors and patients are encountering in hospitals and surgery centers across the United States. There are a few advantages to using the surgical robot. One of these is the minimal invasiveness allowed by its use. Many stories have emerged detailing the sharp differences experienced by two patients who underwent robotic surgery with the da Vinci robot.* In one case,  a woman suffered with gynecological problems for decades.* After watching her mother...

Audet and Partners, LLP, reports that the United States Food and Drug Administration ("FDA") has issued a Class 2 recall of 30 da Vinci systems.* The recall, issued to da Vinci's manufacturer, Intuitive Surgical on July 11, 2013, states that these systems may have been inadequately tested prior to deployment in hospitals and medical practices throughout the United States.* A spokeswoman for Intuitive Surgical stated in response to the recall notice that "one piece of equipment wasn't recording results properly."* A Class 2 recall is defined by the FDA as "a situation...