The Minnesota cerebral palsy lawsuit was filed against Rice Memorial Hospital and Affiliated Medical Community Center by Elise Rodgers, as a result of alleged negligence during the birth of her daughter, Kylie, in June 2007. According to a report by Minnesota Public Radio, Rodgers claimed that negligent medical care caused the girl to suffer severe brain damage because doctors failed to act quickly once the fetal monitor warned the child was being deprived of oxygen during labor.

The family argued that Kylie’s umbilical cord was compromised, and that doctors should have performed a Cesarean before she suffered permanent brain damage. Kylie, who now has cerebral palsy as a result of the negligent care, requires constant suctioning of her airway, sometimes as often as every three to five minutes, in order to survive, according to the lawsuit.

In a verdict handed down earlier this month by a Kandiyohi County jury, Rodgers was awarded $10 million for the child’s future medical expenses, $1.7 million for past medical expenses, $1.5 million for future lost earnings and $10 million for disability, emotional distress and pain.

Cerebral palsy can be caused by an injury to an infant’s brain before, during or shortly after birth. If the brain of a baby is deprived of oxygen, it can result in irreversible damage that leaves the child with developmental problems, loss of motor functions and other life-long injuries and disabilities associated with cerebral palsy. The condition is also commonly associated with seizures, sensory impairments and cognitive limitation.

Medical malpractice lawsuits for cerebral palsy are often filed when a medical mistake or series of mistakes occur during prenatal care or delivery that result in the child’s brain being deprived of oxygen for an extended amount of time.

The drug company, and its subsidiary, Ortho-McNeil Pharmaceutical, Inc., face hundreds of Levaquin lawsuits in state and federal court involving allegations that users suffered a tendon rupture or other tendon problems. The federal Levaquin cases have been consolidated and centralized as part of a multidistrict litigation, or MDL, in the U.S. District Court for the District of Minnesota, where it is anticipated that the first trials could begin in August 2010.

The first cases selected for trial in the Levaquin litigation, known as Bellwether trials, are designed to evaluate how a jury will respond to issues that will also be presented throughout other cases, and possibly lay the groundwork for a potential Levaquin settlement.

On November 6, Johnson & Johnson filed an opposition to a motion by plaintiffs to combine three of the Bellwether cases into one trial. The plaintiffs proposed that the lawsuits are similar enough in claims, injury and situation that it would be expedient and efficient for the court to handle them as one trial.

Johnson & Johnson objected to the consolidated Levaquin trial, arguing that the plaintiffs have not shown that the benefits of combining the cases would outweigh the individual issues in each case. Johnson & Johnson argues that potential differences in plaintiffs’ medical histories, what each prescribing physician knew about Levaquin side effects, and the unique injuries suffered by each plaintiff are likely to cause jury confusion and prejudice the drug maker if evidence that would be inadmissible in one trial is allowed in a multi-plaintiff trial.

The plaintiffs have pointed out that in similar past cases, juries were able to split verdicts between plaintiffs if such differences arose.

Levaquin (levofloxacin), which is part of a class of medications known as fluoroquinolones, was approved by the FDA in December 1996. It is prescribed to prevent infection by stopping the reproduction of bacteria. However, it has also been found to be toxic to the tendons, leading to an increased risk of tendon damage, including debilitating ruptures of the Achilles tendon.

In July 2008, the FDA required that a “black box” tendon damage warning be added about the side effects of Levaquin and other similar antibiotics. However, consumer advocates called for stronger warnings about the Levaquin tendon rupture problems at least two years earlier, with Public Citizen filing a petition with the FDA in 2006 insisting that consumers and the medical community be provided with clearer warnings about the risk of tendon damage from the class of antibiotics.

In addition to the federal Levaquin litigation Johnson & Johnson faces in the MDL, there are also a number of lawsuits over Levaquin in New Jersey, where the state has consolidated the case for mass tort treatment under Judge Carol Higbee in Atlantic County Superior Court because of the large number of complaints filed involving nearly identical allegations.

The misdiagnosis lawsuit was filed by the family of Andrew Morrow, who died on January 31, 2008 from a blood infection caused by a gangrenous appendicitis. According to a report by the Duluth News Tribune, a St. Louis County jury determined last Monday that Morrow’s pediatrician, Dr. Kevin G. Krause was negligent for failing to diagnose the boy’s condition, which could have saved his life.

Krause was accused of misdiagnosing Morrow twice in four days. At first, the child was diagnosed with influenza after a phone conversation, and later incorrectly diagnosed with gastroenteritis. The lawsuit alleged that Krause discouraged the parents from bringing the boy to see him, did not have an ultrasound or CT scan done to determine the source of the child’s abdominal pain, and told the parents that his appendix was fine.

During the trial, the family presented evidence revealing that Krause, a pediatrics specialist at the Mesaba Clinic in Hibbing, Minnesota, was seeing up to 45 children per day and was scheduling appointments for them in 10-minute increments.

The lawsuit alleges that Krause was an hour behind on his schedule when he saw Morrow and gave the wrong diagnosis in an examination that lasted less than 10 minutes.

In an order issued October 20, 2009, Minnesota District Court Judge Denise D. Reilly granted a motion by Medtronic to dismiss 600 Sprint Fidelis lawsuits. Reilly ruled that the plaintiffs’ claims are preempted under federal law, pursuant to a 2008 U.S. Surpeme Court decision in Riegel vs. Medtronic.

The lawsuits stem from an October 2007 Medtronic Sprint Fidelis recall that was issued after the defibrillator leads were found to be prone to fracture or break, which could result in unnecessary shocks or cause the defibrillator not to work if it is needed to deliver a life-saving jolt. More than 260,000 people had the defective leads implanted in their bodies at the time of the recall, and more than 100 Sprint Fidelis lead deaths have been reportedly linked to the problems.

Thousands of federal and state Medtronic Sprint Fidelis lawsuits have been filed on behalf of individuals throughout the country who had their leads fracture and by individuals who are now required to obtain additional medical monitoring.

On January 5, 2009, U.S. District Judge Richard H. Kyle dismissed the consolidated federal litigation, which was centralized in a multidistrict litigation (MDL) in the District of Minnesota. Judge Kyle cited the 2008 Supreme Court Riegel decision in finding that the product liability lawsuits were pre-empted, suggesting that the plaintiffs’ remedy lies with the legislator.

Attorneys representing plaintiffs in both the state and federal litigation indicate that they are appealing the dismissals.

Congress is considering new legislation which would, if passed, nullify the Supreme Court decision in Riegel by clarifying that the federal law regarding the FDA approval process does not make medical device manufacturers immune from liability for defective products.

Support for the Medical Device Safety Act of 2009 was buoyed this summer by a report from the Government Accountability Office (GAO), which determined that the FDA is not capable of ensuring medical device safety. The report cited deficiencies in the agency’s postmarket surveillance, and determined that FDA has been unable to keep up with regular inspections of medical device production facilities.

It is unclear, however, whether Congress will move on the proposed legislation in the near future. It is also uncertain whether any such legislation would be retroactively applied to cases still pending on appeal, such as the Sprint Fidelis lawsuits.

Researchers from the Casey Eye Institute at Oregon Health and Science University in Portland looked at 171 people suffering from diplopia, or double vision, and found a link between the condition and the class of antibiotics known as fluoroquinolones, according to a study published in the September issue of Ophthalmology.

Fluoroquinolones are a class of antibiotic that includes Levaquin, Cipro, Proquin, Factive, Avelox, Noroxin and Floxin. They are used to prevent infection by stopping the reproduction of bacteria and are a popular class of medications.

The researchers gleaned data on people suffering from diplopia and also taking fluoroquinolone antibiotics from case reports in the National Registry of Drug-Induced Ocular Side Effects, the World Health Organization and the FDA. In 53 of the cases reviewed, use of the antibiotics was stopped and the double vision stopped as well. But in five of those cases, the antibiotic double vision problems returned when the patients started taking the drug again.

Information about the fluoroquinolone and Levaquin double vision side effects comes as lawsuits continue to mount against Johnson & Johnson and Ortho-McNeil Pharmaceutical, Inc., the makers of Levaquin, for failing to adequately warn about the risk of tendon ruptures and severe tendonitis associated with their drug.

In July 2008, the FDA required that a “black box” warning be added to all fluoroquinolone antibiotics indicating that they could increase the risk of tendon ruptures and tendon damage. Although the warning was added to all antibiotics in the class, lawsuits allege that the risk is greatest with Levaquin and that the manufacturer failed to properly research their drug or provide reasonable information about the risk that could have allowed users to avoid a tendon rupture by discontinuing the medication at the first signs of pain.

All of the federal Levaquin lawsuits have been consolidated into an MDL, or multidistrict litigation, which is centralized for pretrial litigation in the U.S. District Court for the District of Minnesota. The first trial for a Levaquin lawsuit in the MDL is scheduled to begin in August 2010.

At this time, there are no known Levaquin double vision lawsuits pending in the multidistrict litigation.

Three of the cases were filed on September 2 in the Third Judicial Circuit Court in Madison County, Ill., and the fourth case was filed the same day in the Twentieth Judicial Circuit Court in St. Clair County, Ill. The complaints have been filed against Johnson & Johnson, and their subsidiary, Ortho-McNeil Pharmaceutical, Inc., which manufactured Levaquin, as well as Walgreen Co., which sold the drug.

The complaints contain allegations that are similar to hundreds of other suits over Levaquin filed in state and federal courts throughout the country by individuals who claim to have suffered severe tendonitis or tendon ruptures from Levaquin. The drug makers have been accused of negligence and failure to warn, with plaintiffs claiming that the defendants knew for years that Levaquin side effects cause tendon problems, but attempted to manipulate data and hide the risk.

Levaquin (levofloxacin), which is part of a class of medications known as fluoroquinolones, was approved by the FDA in December 1996. It is prescribed to prevent infection by stopping the reproduction of bacteria, but has also been found to be toxic to the tendons, leading to a number of reports of tendon damage, including debilitating ruptures of the Achilles tendon.

In July 2008, the FDA required that a “black box” warning be added about the side effects of Levaquin and other similar antibiotics, which is the strongest warning that can be placed on a prescription medication. However, consumer advocates called for Levaquin tendon rupture warnings to be added at least two years earlier, with Public Citizen filing a petition with the FDA in 2006 insisting that consumers and the medical community be provided with clearer warnings about the risk of tendon damage.

All federal Levaquin lawsuits have been consolidated into an MDL, or multidistrict litigation, which is centralized for pretrial litigation in the U.S. District Court for the District of Minnesota. The first trial for a Levaquin lawsuit in the MDL is scheduled to begin in August 2010.

A number of Levaquin cases have also been filed in New Jersey state court, where the lawsuits were afforded mass tort treatment under Judge Carol Higbee in Atlantic County Superior Court because of the large number of complaints filed involving nearly identical allegations.

Judge Dennis Moroney rejected the case, which sought class action status on behalf of all Wisconisin Extendicare nursing home residents between 2005 and 2008, as being too vague and barred the plaintiff from resubmitting their claim later; saying that amending the complaint would not help make it any more viable, according to a press release issued by Extendicare.

Extendicare is one of the largest nursing home operators in the United States and Canada, operating 264 senior care centers in North America, with a total of just under 30,000 residents.

The nursing home lawsuit alleged that Extendicare fraudulently advertised services that they were not capable of performing and admitted ill residents without hiring the necessary staff to provide adequate care.

The Wisconsin case, as well as other Extendicare class action suits filed in Washington and Minnesota, highlighted the company’s “24/7 Extendicare Admission Policy,” which green flagged individuals with serious medical conditions for immediate admission without proper assessment of the facilities ability to meet the patient’s needs or the needs of other residents who were already living in the nursing home. The plaintiffs claimed that this placed elderly and ill individuals at risk for serious injury caused by nursing home neglect.

A July 2008 investigation by the Milwaukee Journal-Sentinel found that 20 out of the 26 Extendicare nursing homes in Wisconsin had been cited for at least one serious violation in care over the past three years, and the nursing home operator has paid over $2.3 million to settle violations that led to the 2003 death of one Wisconsin resident. Extendicare homes in Washington and Minnesota had also been cited for serious violations.

Levaquin (levofloxacin) was first approved by the FDA in December 1996 to prevent infection by stopping reproduction of bacteria. However, a number of users have developed Levaquin tendon ruptures and tendonitis as a side effect of the medication, which the complaints allege Johnson & Johnson failed to adequately warn about.

The new cases were filed in the Superior Court of New Jersey in Atlantic County, where attorneys are seeking to consolidate a number of other lawsuits over Levaquin filed throughout the state before Judge Carol Higbee, who has presided over a number of similar mass-tort cases in the past.

The three Levaquin suits were filed on behalf of plaintiffs from different parts of the country, each alleging that they each suffered a tendon rupture in a different part of the body, involving the Achilles tendon, elbow distal bicep tendon and a tendon in the right ankle.

In July 2008, the FDA required that a “black box” warning be placed on Levaquin and similar antibiotcs warning about the risk of tendon ruptures and other tendon problems, which is the strongest warning that can be placed on a prescription medication. However, consumer advocates called for Levaquin tendon rupture warnings to be added to the medication at least two years earlier, with Public Citizen filing a petition with the FDA in 2006 insisting on stronger warnings.

Potentially thousands of users throughout the United States have suffered debilitating tendon ruptures as a side effect of Levaquin. The general theory behind the lawsuits suggests that if proper warnings had been provided to doctors and consumers about the risk of tendon damage, users of the medications would have been aware to watch for signs of tendon pain or discomfort, at which time they could have contacted their doctors before permanent damage was suffered, such as a tendon rupture.

Earlier this month, the Acting Administrative Director of the Courts in New Jersey notified the state Bar about the request to accord mass-tort treatment to Levaquin lawsuits in the state and consolidate the cases before Judge Higbee.

Similar consolidated litigation has already been established in Federal court, where tendon rupture lawsuits over Levaquin have been filed in different districts throughout the country.

The U.S. Judicial Panel on Multidistrict Litigation centralized all of these similar claims in June 2008 before U.S. District Judge John R. Tunheim in the District of Minnesota for pretrial litigtion. The current case management order calls for the first federal trial to begin next summer.

Bisphenol A (BPA) is added to plastic to make it hard and shatterproof. It is used in a number of different consumer products such as bottles, cups, soda can linings and food containers.

BPA mimics the action of the hormone estrogen and experts have suggested that low doses of BPA can seep into food or liquid stored in plastic containers. If the chemical accumulates in the body over a long period of time, it may result in developmental abnormalities, especially among infants and young children who cannot eliminate BPA fast enough to prevent toxicity.

Tests on laboratory animals have linked BPA to breast and prostate cancer, diabetes, miscarriage, obesity, hyperactivity, low sperm count and other reproductive problems.

Although a number of experts and consumer advocates have expressed concerns about the presence of BPA in baby bottles and sippy cups used by infants and toddlers under three years old, the FDA has taken the controversial position that the levels of BPA are safe and has not taken any steps to restrict the use.

In October 2008, an independent panel of advisors convened by the FDA concluded that the agency’s position was flawed because it does not consider evidence from all available and credible scientific studies. The FDA agreed to review the safety of BPA again in December 2008, but manufacturers are still not currently prevented from using the chemical in the United States.

Several manufacturers including Avent, Evenflo, Disney First Years, Platex, Gerber and Dr. Brown have voluntarily agreed to stop making BPA baby bottles, and major retailers like Wal-Mart and Babies R’ Us are no longer stocking baby products with BPA.

On May 13, 2009, the Chicago City County voted unanimously to issue the first municipal ban on the sale of baby bottles and sippy cups.

The ban, which takes effect on January 31, 2010, could result in a fine of $100 to $300 per day for retailers breaking the law and $300 to $500 per day for repeat offenses. Violators could also have their city business licenses revoked or suspended.

Similar measures were passed by the Minnesota state legislature last year and by Suffolk County, New York last month. In Connecticut, a ban has passed the House of Representatives and the State Senate is scheduled to vote on the bill this week.

The New Jersey Supreme Court has been asked to provide mass tort treatment to all lawsuits over Levaquin filed against Ortho-McNeil-Janssen Pharmaceuticals, involving allegations that side effects of the antibiotic caused users to suffer tendon ruptures and other permanent damage to their tendons.

Levaquin (levofloxacin) is an antibiotic that was first approved by the FDA in December 1996 to prevent infection by stopping reproduction of bacteria. It is available as an oral tablet, oral solution and as an injection.

Side effects of Levaquin have been shown to increase the risk of tendonitis and tendon ruptures, particularly involving the achilles tendon.

In July 2008, the FDA required that a “black box” warning be placed on Levaquin and similar antibiotics, which is the strongest warning that can be placed on a prescription medication, warning about the risk of tendon ruptures and other tendon problems.

According to the New Jersey Law Journal, the Acting Administrative Director of the Courts in New Jersey has notified the Bar about the application to accord mass-tort treatment to the Levaquin lawsuits and solicited comments about the request on or before June 5, 2009.

All of the individual Levaquin lawsuit complaints involve similar allegations that the manufacturers failed to adequately research their product or warn about the potential tendon side effects. Since there will likely be thousands of similar lawsuits involving Levaquin filed throughout New Jersey, plaintiffs lawyers argue that the cases should be centralized for handling.

An MDL, or multidistrict litigaiton, has already been established for all Levaquin lawsuits filed in federal district courts throughout the country, consolidating the suits for pretrial litigation before U.S. District Judge John R. Tunheim in the District of Minnesota.

The federal cases were consolidated and centralized in June 2008, and a pretrial order issued earlier this year identified 15 cases that are going through case-specific discovery. The first bellwether Levaquin trial, which is designed to be representative of issues that will come up throughout other cases in the litigation, is currently scheduled to begin in August 2010.