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Jon C. Boesen Receives Honor by Mexican Consulate

[:en]Attorney Jon C. Boesen was honored by the Mexican Consulate in Denver today and received a certificate designating him as the Consultant Lawyer for the Mexican Consulate in Denver. Mr. Boesen will now be consulted on legal matters that involve the Mexican Consulate in Denver.

Consul General Berenice Rendon delivered the certificate signed by the Undersecretary of North America today at 3 p.m.

Mr. Boesen received this honor at the designation of the Ministry of Foreign Affairs of Mexico.  

About Jon C. Boesen: Jon C. Boesen is the founder of Boesen Law, LLC. Mr. Boesen has over 29 years of experience and practices in civil litigation, where he has represented thousands of people in all kinds of litigation, including jury trials, workers’ compensation hearings and social security disability hearings.

Please visit our website at www.boesenlaw.com for additional information. [:]

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Going Digital: Case Management Software and Law

[:en]When imagining a law firm one might think of a large maze of offices, coffee brewing in the breakroom, and file cabinets filled with various client files and papers. While some of this is true, technology has definitely taken shape in our law firm. We’ve recently switched over to a digital case management software in our bid to go paperless and secure our client’s sensitive information. Read on to find out why going digital is the way of the future and how it benefits our clients.

Everything is Kept in One Spot

Having centralized access to all files allows our office to be more organized and prepared. Whether a team member is away for the day or at a courthouse, our system allows us access to your case wherever there is internet connection. Furthermore, it allows a more collaborative nature to take place with everyone who needs access to the file being able to work on it in one single place.

Data Privacy

Our firm takes handling of client data very seriously. Fortunately, our case management system comes with a security certification that offers protection for e-mail messages, ensures identities of computers accessing the software, as well as prevention of alteration of software after publishing. Later this year our firm will begin using our software to send faxes, which are encrypted allowing for an extra layer of protection for your data.

How does it benefit our clients?

Our system allows us to keep accurate notes, assign immediate tasks, and keep data secure. By keeping data in a location, we are better able to help our clients with their needs instead of searching endlessly for documents or records. [:]

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$30 Million Dollar Verdict Awarded in Asbestos Case

[:en]A former construction site supervisor, Norris Morgan, was recently awarded a $30 million dollar verdict in California on the grounds that his exposure to asbestos caused his mesothelioma diagnosis.

Where did the exposure take place?

Mr. Norris came into contact with asbestos multiple times after being around transite pipe (an asbestos based cement product used to line HVAC ducts or chimneys) which was manufactured and sold by J-M Manufacturing. Mr. Norris did not perform any construction tasks with the transite pipe, however ended up breathing in asbestos fibers that were released into the air from being at the sites where it was used.

What evidence was presented?

Mr. Norris’ representation presented evidence, which the jury found demonstrated that J-M Manufacturing knew about asbestos in their product but did not warn those who came into contact with the product about the dangers of asbestos. After a three week trial and five hours of deliberations, the jury decided to award Mr. Norris $15 million in compensation damages, and $15 million dollars worth of punitive damages.

I have had prolonged exposure to asbestos. What options are available to me?

If you or a loved one have had prolonged exposure to asbestos resulting in a mesothelioma diagnosis contact our office at (303)-999-9999 or (303)-835-9342 to schedule a free consultation and speak with one of our highly experienced attorneys. Please also visit our practice area page on asbestos here for additional information. [:]

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$41 Million Dollar Verdict Issued in Pelvic Mesh Lawsuit

[:en]A jury ruled in favor of a Pennsylvania woman to the tune of $41 million dollars yesterday. The woman claimed that her pelvic mesh developed by medical device company Ethicon caused her severe discomfort and other injuries. Ethicon is a subsidiary company of Johnson & Johnson.

What is a pelvic mesh?

A pelvic mesh is a medical device designed to help with involuntary urination.

Is this lawsuit the first of its kind to be heard?

Unfortunately, no. The legal representation working on Mrs. Emmett’s case has also won six other verdicts in the multi-million dollar range to date.

What is the lawsuit based on?

Suzanne Emmett, the woman who filed the lawsuit, had to undergo numerous surgeries to address injuries and pain relating to the mesh according to an article posted by Philly.com. In addition to the pain and discomfort, Mrs. Emmett’s attorneys also claimed that Johnson & Johnson was aware of the failure rate of their pelvic mesh, but chose not to reveal that information to the Food and Drug Administration (FDA).

What is Johnson & Johnson’s response?

The company released a statement saying that they stand by the quality of their product and are planning to appeal the verdict.

I have been injured by a pelvic mesh product. What are my options?

If you or a loved one have been injured by a pelvic mesh product contact our office at (303)-999-9999 or (303)-835-9342 to schedule a free consultation and speak with one of our experienced attorneys. Please also visit our website here for additional information.[:]

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Mesothelioma & Pharmaceuticals News

$2.5 Million Dollar Risperdal Verdict Upheld

[:en]A Pennsylvania Superior Appeals Court has ruled against overturning a $2.5 million dollar verdict that was awarded to an Alabama man and his family.  The lawsuit is against Johnson & Johnson’s subsidiary company, Janssen Pharmaceuticals. Janssen Pharmaceuticals is the pharmaceutical company behind the antipsychotic medication Risperdal.

What was the basis for the lawsuit?

The lawsuit was based on the claim that a young man named Austin Pledger took Risperdal as a teen to treat his autism disorder. As a result of taking Risperdal, he developed Gynecomastia (a condition where breast tissue develops in males). More details about the lawsuit can be found here.

Why is this significant?

This lawsuit was considered to be a guinea pig case of sorts, in that it was the first Risperdal lawsuit to reach a verdict that was awarded to the family. This can potentially affect thousands of other lawsuits that are being brought against Janssen Pharmaceuticals under the same claim.

What happens next?

The Pledger family has filed an appeal asking for a new trial for punitive damages. Other lawsuits regarding Risperdal have had their verdicts overturned stating a conflict of law issues. Janssen Pharmaceuticals is also considering a second appeal.

What are my options if I have been affected or know someone who has developed Gynecomastia as a result of using Risperdal?

If you or a loved one have developed gynecomastia as a result of using Risperdal, contact our office at (303)-999-9999 or (303)-835-9342 to schedule a free consultation and speak with one of our highly experienced attorneys. Please also visit our practice area page on pharmaceuticals at our website here for additional information.  [:]

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News Talcum Powder & Ovarian Cancer

BREAKING: Reuters Report Confirms J&J Knew About Talc

[:en]After a Reuters report was released that Johnson & Johnson company knew that its baby talcum powder was contaminated with asbestos, a known carcinogenic, shares of Johnson & Johnson JNJ, -7.97% slid more than 11% Friday. Its slide accounted for 103 points of the Dow’s 349-point loss. Reuters said an examination of internal company memos and other documents found the New Jersey-based company was aware of the presence of small amounts of asbestos in its products from as early as 1971, but failed to disclose it to regulators. The company has been battling about 6,000 cases claiming the baby powder caused ovarian cancer or mesothelioma. Johnson & Johnson said it was working on a statement.

If you or a loved one have been injured as a result of using Johnson & Johnson baby powder, call our office at (303)-999-9999 or (303)-835-9342 to schedule a free consultation and speak with one of our highly experienced attorneys. Please also visit our practice area page on talcum powder and ovarian cancer here, as well as other blog posts involving baby powder (here here, here, and here) for additional information.

 

 

 

This article was originally written and posted on MarketWatch by Ciara Linnane and adapted by Emily Vucinovich.[:]

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FDA Changing Medical Device Review Process

[:en]The Food and Drug Administration (FDA) released a statement on Monday that they will be changing their process for medical device approval. According to an article posted by the Associated Press (AP), the reform of the process comes on the heels of a published investigative report from over 50 different news outlets and led by the International Consortium of Investigative Journalists which discovered massive amounts of reported injuries (1.7 million) and deaths (80,000) over the last decade to the FDA in regards to various medical devices.

Who is leading the overhaul of the current process?

FDA Commissioner Scott Gottlieb will be overseeing the changes. In the statement, he commented on how “We [the FDA] believe that it’s time to fundamentally modernize an approach that was first adopted in 1976.

What are some issues with the current review process?

Currently, the FDA approves over 95 percent of medical devices for consumer use. This is in part that many medical devices only have to prove similarities to other devices currently on the market – unlike medications that undergo a different review process. Only those devices that are innovative and definitively “new” have to undergo clinical trials to judge their safety and usability. A few types of these devices that have been cleared due to comparison are artificial joints, spinal devices, drug pumps, and imaging scanners.

Has this call for change been brought up before?

It has. In fact, in 2011 David Chancellor who is considered to be an expert in the FDA review process, brought a panel in front of the FDA to advise the administration about making changes to its process, however at the time the administration disagreed with the panel.

What if I have been injured by a medical device? What are my options?

If you or a loved one have been injured by a medical device, contact our office at (303)-999-9999 or (303)-835-9342 to speak with one of our highly experienced attorneys and schedule a free consultation. Please also visit our website at www.boesenlaw.com for additional information.[:]

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News

Stryker Announces Settlement over Hip Devices

[:en]According to an article posted by Mass Device, Stryker, a Medical Device and Equipment Manufacturing Company has reached a settlement in regards to multi district litigation (also known as MDL’s) filed over complications with the company’s hip replacement devices.  Judge Indira Talwani in Massachusetts who is presiding over one of the MDL’s announced that   stayed discovery through July 31, 2019, “so walk-away rights or settlements can be confirmed” according to the article. The medical manufacturer told Talwani Nov. 2 that it and a pair of committees representing plaintiffs in the Bay State MDL and another in New Jersey “have reached a confidential settlement agreement to resolve the claims of certain eligible patients who had surgery to replace their LFITTM CoCr V40TM femoral head along with related hip system components,” according to court documents.”

Even though exact knowledge of what devices are being covered under the agreement is unknown, V40 heads, Accolade TMZF, Citation, Accolade 2, Meridian, as well as Rejuvenate are thought to be included as reported by one of the firms representing a plaintiff in the matter. Stryker found themselves in hot water after it was found that many of their hip devices caused metal on metal grinding, leading to metal particles breaking off and entering the bloodstream. Furthermore, some of their devices also experienced loosening of the hip ball within the device which could cause significant movement problems. As a result of these issues, revision surgery is often needed to fix the negative effects of the device. For further information on these devices and metal on metal devices, visit our other blogs here and here.

If you or a loved one have a Stryker implant device, contact our office at (303)-999-9999 or (303)-835-9342 regarding any questions. Please also visit our website at www.boesenlaw.com for more information.[:]

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News

Honda Continues Takata Recall

[:en]Japanese car manufacturer Honda is continuing its recall of almost 1.4 million Honda and Acura cars, in order to fix the malfunctioning Takata airbags. This current recall is the fourth part of the recall that was issued by the National Highway Traffic Safety Administration (NHTSA) back in 2016. Honda announced it would be moving ahead with recalls faster than the timeline announced by the NHTSA, due to the company’s ability to make significant strides on completing current Takata airbag repairs. Honda stated that it has almost 78 percent of all current recalls fixed, and that other parts are now ready in order to finish the repairs.

Takata airbags are known to be deadly, as they can explode and release metal pieces (known as shrapnel) into the car, when the airbags are activated during a crash. The recall is considered to be one of the biggest in U.S. history, with the recall involving 19 different automakers and almost 37 different models of cars. This amounts to around 50 million affected airbags, according to the NHTSA. Instead of having one massive recall, the recall is being done in stages considering where a vehicle is located and how old it is. From the most recent data up through September 30th, 12.9 million Honda and Acura vehicles based in the U.S. are or have been affected by the recall as reported by Honda.

If you or a loved one have been injured in an accident as the result of a Takata airbag contact our office at (303)-999-9999 or (303)-835-9342 to schedule a free consultation and speak with one of our experienced attorneys. Please also visit our previous blog post on Takata airbags here, as well as our practice area page on motor vehicle accidents here for more information.[:]

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News

LaCroix Faces Lawsuit Over Insecticide Claims

[:en]

The makers of the wildly popular sparkling water LaCroix, which has become a phenomenon over the past year, were hit with a lawsuit alleging the beverage contains “non-natural flavorings,” including an ingredient said to be used as a “cockroach insecticide.”

The lawsuit, which is seeking class-action status, was filed in Cook County, Illinois, against the drink’s parent company, National Beverage Corporation, and slammed what it said was the “practice of mislabeling their signature product, LaCroix Water, as ‘all-natural,'” according to court documents obtained by ABC News.

The beverage makers “mislead consumers into believing that their product is natural when it is not,” the complaint added. Moreover, the suit alleged the bubbly water contains the ingredient “linalool” which it says “is used as a cockroach insecticide.”

The National Beverage Corp. “categorically denies all allegations” in the suit, the company said in a statement, slamming it as “without basis in fact or law regarding the natural composition” of LaCroix sparkling waters.

“Natural flavors in LaCroix are derived from the natural essence oils from the named fruit used in each of the flavors,” the statement added. “The lawsuit provides no support for its false statements about LaCroix’s ingredients.”

Legal expert Areva Martin told “Good Morning America,” that if the suit’s “claims are substantiated, this could have a dire effect on the company.”

“It may be forced to change it’s labeling, we know the company prides itself on providing a natural and organic water, so if they have to change that labeling, that can change their entire marketing strategy,” she added.

But experts say that even if the allegations are true, consumers shouldn’t jump to conclusions about the bubbly beverage, saying LaCroix would have to contain 50 percent of the linalool in order to pose a health risk, and that the natural chemical is often found in fruits and spices such as cinnamon.

“The consumer should not be alarmed by this lawsuit,” Roger Clemens, a food safety expert from the University of Southern California, told “GMA.” “The compounds under discussion occur naturally and citrus beverages like orange juice, lime juice.”

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