| Read Time: 4 minutes | Class Actions

New York Times: It’s Time for a Reckoning on Medical Devices

The New York Times recently published a comprehensive look at how patients suffer when companies and regulators fail to effectively screen or monitor defective medical devices on the market. In the past decade, nearly two million injuries and more than 80,000 deaths have been linked to faulty medical devices, many approved with little to no clinical testing, according to a global investigation. When a defective medical device is implanted or used in a patient, the results can be catastrophic. Negligence in the product design or manufacturing process can result in serious injuries and death. In these cases, a device intended to help heal someone ends up causing more harm than good. Even worse, some defects are known and subsequently covered up by a company so that it can sell as many units as possible before an inevitable recall, investigation, and public outrage. At Cory Watson Attorneys, we investigate all injuries caused by dangerous and defective medical devices, regardless of whether or not a device has been recalled. If you or a loved one was seriously injured by a medical device, contact our personal injury lawyers to get the help that you deserve. Call (877) 562-0000 now or fill out the online consultation form on this page. PELVIC MESH INJURIES The FDA announced last month that it couldn’t guarantee the long-term safety of vaginal mesh products when used to correct pelvic organ prolapse. These mesh products that have been on the market for decades, unfortunately resulting in harm to tens of thousands of women. Pelvic mesh has long been tied to life-altering injuries, including nearly 80 deaths as of 2018. Litigation over vaginal mesh is now one of the largest mass tort cases in U.S. history. As these lawsuits have made clear, most of these medical devices were approved for market with nearly no clinical data. It seems incredible that products meant to reside inside the human body would be used on patients without any proof of safety or effectiveness. But thanks to regulatory loopholes, many medical devices are poorly vetted before their release into the marketplace and poorly monitored after the fact. Problems can take years to emerge and can be impossible to correct, in part because permanent implants are not easily extracted from the body. When trouble does arise, device makers often redirect blame and patients seeking compensation are forced into lengthy court battles in pursuit of justice. In the end, faulty products can remain on the market for years without warning. ESSURE BIRTH CONTROL Essure, a permanent birth control device consisting of two metal coils injected into the fallopian tubes, has been linked to serious injuries such as device migration, organ perforation, autoimmune disorders, accidental pregnancies, and hysterectomies. The product was pulled from the market last year by its manufacturer, Bayer Pharmaceuticals. Not only women are affected: There have been hip implants that require painful revision surgery, defibrillators that short-circuit, and artificial heart valves with questionable shelf lives. In operating rooms, there are staplers that misfire; temperature control machines that spray bacteria into open chest cavities; and surgical robots that burn and injure patients. In these cases, a combination of unreliable regulatory approvals, skimpy post-market surveillance, and faltering responses from companies caused irrevocable harm that might have been avoided. HOW MEDICAL DEVICES CAN HURT A regulatory loophole enables medical device companies to bring new or “updated” medical devices to market without first testing them in human trials. Companies need only to convince regulators that their products are similar to ones that are already approved, even if the other products are decades old or were subsequently pulled from the market. This loophole is known as the 510(k) pathway. Industry proponents claim that medical devices can be brought to market quickly and safely by having companies conduct rigorous testing after products go to market instead of beforehand. However, companies often fail to complete such studies, even when they’re ordered by regulators. What’s more, device makers often ignore rules requiring them to report publicly all incidents of malfunction, injury or illness. And after years of dispute, the medical device industry has still not fully put a system in place to better notify patients of product recalls and other safety issues. JUSTICE FOR MEDICAL DEVICE VICTIMS Patients should not have to wonder whether devices will save their lives or destroy them. At Cory Watson Attorneys, we believe companies must ensure that no medical device intended for permanent residence inside a human body is used on patients without first being rigorously tested. After investigations by journalists and patient advocates, and even a Netflix documentary, the F.D.A. promised to make “transformative” changes to medical device regulation. The F.D.A. has vowed to fix some of these medical device lapses, promising to abolish reporting exemptions that keep safety issues hidden from the public. Stronger device regulation would help the agency to fulfill its ultimate mission: to protect patients. It’s true that some of these devices have restored health and provided benefits to millions of people. However, the drive to innovate does not justify the growing list of medical device disasters. Get Help with Your Defective Medical Device Case At Cory Watson Attorneys, our defective medical device lawyers believe the makers of these dangerous medical devices should be held accountable for the products they push onto the market. Don’t pay out of pocket for a medical device manufacturer’s negligence before talking to us. Our experienced legal team can review your case and get you the compensation that you deserve. If you or someone you love has been injured by a defective medical device, we are ready to fight for you. Call (877) 562-0000 today or fill out our free initial consultation form to get started with your defective medical device claim. Don’t wait to reach out —time is limited, and your health may be on the line.

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| Read Time: 3 minutes | Class Actions

Defective ZF Airbags Affecting Millions of Toyota, Hyundai and Kia Vehicles

A class action lawsuit has been filed on behalf of consumers in the U.S. against Hyundai, Kia, and ZF-TRW Automotive for fraud and concealment of a deadly airbag safety defect affecting 12.5 million vehicles. The National Highway and Traffic Administration estimates that more than 12.5 million vehicles may be affected and contain a defective airbag control unit. This airbag was designed and manufactured by ZF-TRW and supplied to U.S. vehicle manufacturers including Hyundai, Kia, and Toyota. If you were injured in a crash due to these defective airbags NOT deploying, or if you own one of the affected vehicles, our attorneys want to help. These insurance companies and automotive manufacturers have large law firms working on their behalf, and so should you. Contact us today at (888) 760-2313 or fill out the free online consultation form on this page. Vehicle Models Affected by the ZF Airbag Defect Toyota (no recalls as of May 2019) Toyota Corolla 2018-2019 Hyundai (581,000 recalled as of Oct. 2018) Hyundai Sonata 2013-2019 Hyundai Sonata Hybrid 2013-2019 Kia (507,000 recalled as of Aug. 2018) Kia Forte/Forte Koup 2013 Kia Optima 2013-2019 Kia Optima Hybrid 2012-2016 Kia Sedona 2014 As early as 2011, ZF-TRW, Hyundai, and Kia investigated airbag non-deployments in several Kia and Hyundai vehicles, but failed to inform the NHTSA that there was an issue until the end of 2015. Even after advising NHTSA in 2015, each of these companies downplayed the severity and frequency of these crashes. During this time, they did nothing to protect their consumers or warn of the product dangers. It was not until February and June of 2018 that Hyundai and Kia issued product recalls. Toyota Corolla vehicles are also included in the NHTSA probe. However, Toyota has not yet announced a recall. The NHTSA Office of Defect Investigations has already identified two crash events (one of which was fatal) involving Toyota products where electrical overstress is suspected as the likely cause of the airbag failure. These crashes involved 2018 and 2019 Toyota Corolla vehicles. Throughout this nearly decade long period, unsuspecting U.S. consumers continued to purchase potentially affected vehicles with defective airbags, risking the lives of thousands of people. A Law Firm with Extensive Defective Product Experience When you or someone you know is injured, only the best personal injury lawyers will do. You need an experienced legal team with the dedication, knowledge, and resources needed to build a strong case against the world’s largest automotive giants such as Toyota, Hyundai, Kia, and Nissan. The lawyers at Cory Watson have a successful history standing up to some of the world’s largest automotive manufacturers in class action and product liability cases. In 2017, attorneys Jerome Tapley, Ryan Lutz, and Adam W. Pittman won a verdict of $24.9 million in a major faulty brakes case against Nissan North America Inc. in the case Cruz v. Nissan North America, Inc., et al. This verdict was ranked as a 2017 “Top 20 Product Liability Verdict in the United States” by TopVerdict. At Cory Watson Attorneys, we have more than 38 years of experience representing clients across the country who have been seriously injured by defective products. From our offices in Birmingham and Nashville, we handle claims across Alabama and Tennessee, as well as across the nation. Cory Watson has multiple attorneys dedicated specifically to car wreck related injury cases. We will take on the complex process of filing a defective product claim for you, while you focus on recovery. We work on a contingency basis, meaning you pay nothing out of pocket unless we win your case! Call Cory Watson Attorneys for Your Free Consultation! Over the past five years, tens of millions of U.S. consumers have seen their Takata airbags recalled for a deadly defect resulting in seven automakers paying a collective $1.5 billion in class action settlements. This case presents yet another example of corporations and auto manufacturers attempting to conceal a deadly airbag defect, putting profits ahead of consumer safety. You shouldn’t have to pay for a manufacturer’s negligence. The defective airbag attorneys at Cory Watson are ready to fight for you! We’ve helped thousands of clients across the nation stand up for what’s right, and we aren’t afraid to take on automotive giants. If you were injured in a crash when your airbags did NOT deploy, or if you own one of the affected vehicles, you may qualify for financial compensation. Call Cory Watson Attorneys immediately at (888) 760-2313  or fill out the free online consultation form on this page. Don’t wait to reach out—contact us today!

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| Read Time: 2 minutes | Class Actions

Cory Watson Attorneys File “Chevy Shake” Lawsuit Against General Motors

Cory Watson Attorneys has filed a class action lawsuit against General Motors (GM) claiming the automotive giant knowingly concealed a known defect from its customers. The defect, widely known as the “Chevy Shake,” causes certain GM vehicles to violently shake or consistently vibrate at high speeds. The suit, filed by plaintiff Douglas Weiss, claims the shaking is caused by defective drive shafts. It cites the shaking as “a major safety concern” that could cause a driver to lose control of their vehicle. “No consumer would knowingly buy a car that shakes and vibrates at highway speeds and General Motor’s failure to disclose this defect to unwitting consumers violates well-established consumer protection laws,” said the plaintiff’s attorney, Ryan Lutz of Cory Watson Attorneys. The complaint charges GM with concealing the defect from the public and failing to recall the affected models. The vibration issues affect a number of GM’s most popular vehicles, including: Chevrolet Silverado Chevrolet Equinox Chevrolet Tahoe GMC Sierra GMC Yukon Cadillac Escalade The defect, nicknamed the “Chevy Shake” by frustrated vehicle owners, may affect hundreds of thousands of these models manufactured between the years 2014-2019. Lutz, F. Jerome Tapley, and Adam W. Pittman lead the litigation on behalf of Cory Watson Attorneys.  They are joined by Nicholas A. Migliaccio and Jason S. Rathod of Migliaccio & Rathod LLP to create a team of experienced class action and consumer protection litigators. Cory Watson Attorneys has a successful history standing up to some of the world’s largest automotive manufacturers in class actions and product liability cases. In 2017, the same Cory Watson legal team won a verdict of $24.9 million in a major faulty brakes case against Nissan North America Inc. in the case Cruz v. Nissan North America, Inc., et al. This verdict was ranked as a 2017 “Top 50 Plaintiff’s Car Accident Jury Verdict” by TopVerdict. So far, General Motors has refused to acknowledge the issue. Many vehicle owners are forced to pay thousands in out-of-pocket expenses in an attempt to repair their GM truck or SUV. Does Your Car Have the Chevy Shake? At Cory Watson Attorneys, we value the safety and well-being of our clients, family, and friends above all else. General Motor’s failure to address this issue is a warning sign that should not be ignored. If you or a loved one owns a vehicle that may be affected by the “Chevy Shake,” our attorneys can help. Contact us today by calling (877) 562-000 or complete the free online consultation form on this page. Click here to view the full class action complaint.

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| Read Time: 2 minutes | Car Accidents

Nissan’s Brake Problems Continue, Recalls 86,000 Nissan Murano SUVs

Having your brakes fail while driving can be a terrifying experience. Car accidents caused by bad brakes result in serious, life-threatening injuries for everyone involved, and manufacturers are often quick to blame the driver instead of their defective brakes. Unfortunately, thousands of these faulty brake systems may have been installed in 2009 Nissan Murano SUVs nationwide. And this isn’t the first time Nissan has struggled with bad brakes in their vehicles. Symptoms of Nissan Bad Brakes Nissan is recalling more than 86,000 of their Murano SUVs (model year 2009) to address a faulty part in the antilock brake system (ABS). If this part fails, it could take longer for the driver to come to a full stop. Your vehicle may be affected if you have experienced any of these symptoms: Difficulty braking Soft brake pedal Anti-lock brake failure Brakes lack resistance Increased stopping distance Brake pedal hits the floorboard NHTSA Opens Nissan Investigation In April 2018, The National Highway Traffic Safety Administration (NHTSA) opened an investigation into brake-related problems with the 2009 Nissan Murano, looking into 14 allegations of crashes and more than 480 complaints in addition to reports of injuries. If you were injured in a car accident involving faulty brakes and are struggling to keep up with medical bills or paying off mechanic fees, contact Cory Watson now to see if you qualify for compensation. Let Our Experience Be Your Strength When you or someone you know is struggling with bad brakes, only the best faulty brake lawyers will do. You need an experienced legal team with the dedication, knowledge, and resources needed to build a strong case against the world’s largest automotive giants like Nissan North America. In fact, Cory Watson Attorneys are no stranger to winning faulty brake lawsuits against Nissan. In 2017, a California state court jury awarded a $25 million verdict to our plaintiffs after determining that a Nissan SUV’s defective brakes caused an accident that killed three people and resulted in an elderly driver being wrongfully charged with vehicular manslaughter. Cory Watson attorneys Jerome Tapley, Ryan Lutz, and Adam W. Pittman led the trial team representing plaintiffs. Take Legal Action Against Nissan Today You shouldn’t have to pay for a manufacturer’s negligence. The Nissan brake failure lawyers at Cory Watson are ready to fight for you! We’ve helped thousands of clients across the nation stand up for what’s right, and we aren’t afraid to take on automotive giants. Call Cory Watson Attorneys at (888) 760-2313 or fill out the online consultation form on this page. Your initial consultation is always FREE. Don’t wait to reach out—contact us today!

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| Read Time: 2 minutes | Class Actions

DuPont C-8 “The Devil We Know” Documentary Now Streaming on Netflix

A new documentary available for streaming on Netflix, “The Devil We Know,” is a terrifying and eye-opening look into one of Cory Watson Attorney’s recent success stories – the DuPont C-8 litigation. Cory Watson Attorneys took a leading role in the C-8 litigation involving chemicals that DuPont used in Teflon production. Cory Watson Principal Jon C. Conlin was appointed to serve as Co-Lead Counsel, and successfully represented more than 3,500 plaintiffs in the class action lawsuit. The Story Behind “The Devil We Know” Documentary “The Devil We Know” tells the story of how citizens in West Virginia take on the powerful corporation DuPont after they discover it has knowingly been dumping a toxic chemical – Perfluorooctanoic acid (PFOA), also known as C-8 – into the local drinking water supply. The documentary details DuPont’s alleged decades-long cover-up of the harm caused by these chemicals. The DuPont plant in Parkersburg, West Virginia, has been ground zero for the impact of chemicals used in the company’s non-stick Teflon cookware products. The ingredient C-8 has been used in everything from Scotchgard to rain-proofed Patagonia sportswear and microwave popcorn bags. C-8 has been linked to obesity, infertility, and dangerous diseases such as kidney cancer, testicular cancer, ulcerative colitis, high cholesterol, pregnancy-induced hypertension, and thyroid disease. Cory Watson Attorneys Fight for Justice Against DuPont The trail of deception led to one of the largest class-action lawsuits in the history of environmental law. Internal documents and secret in-house studies revealed a disturbing truth: DuPont had knowingly been pumping a poisonous chemical into the air and public water supply of more than 70,000 people for decades. “These filmmakers shined a light on one of the most pervasive chemical threats still facing our country today,” said principal attorney Jon. C Conlin, who was appointed to serve as Co-Lead Counsel on behalf of plaintiffs in multi-district litigation. “Through the work done in the original Leach class case, and through the later MDL-2433 C-8 trials and settlement, thousands of injured Ohio Valley residents received justice for their pain and suffering.” Cory Watson Attorneys successfully fought for more than 3,500 clients against DuPont to receive a $671 million settlement. The Cory Watson litigation team also included principal attorney Beth Chambers, Kristian Rasmussen, and attorney Nina Towle Herring. “The next Cory Watson C-8 trials are currently set for 2019 and 2020, and we are committed to continuing to work toward the legal and regulatory change that will help make us all safer,” said Conlin. Our Environmental Injury Attorneys Can Help You For more than 35 years, Cory Watson has successfully represented clients across the U.S. in major contamination cases involving powerful Fortune 500 companies such as DuPont. Our experienced team of attorneys is knowledgeable in the scientific facts and medical issues critical to these cases. If you or a loved one was diagnosed with cancer after being exposed to contaminated water or toxic chemicals, including C-8, you may be entitled to compensation. Contact the environmental injury lawyers at Cory Watson Attorneys today for a free case evaluation by calling (877) 562-0000 or completing our online consultation form.

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| Read Time: 3 minutes | Car Accidents

Cory Watson Verdict Named to CVN’s Top 10 Most Impressive Plaintiff Verdicts of 2017

A $25 million verdict against automotive giant Nissan North America over faulty brakes in passenger vehicles was named the third most impressive plaintiff verdict in 2017 by Courtroom View Network (CVN), a news organization that webcasts high-stakes civil trials. The news organization covered a variety of litigation to compile its Top 10 list, including product liability trials, medical malpractice trials, and complex commercial trials. The verdicts were not ranked solely by amount awarded. The newsgroup also took into consideration the facts of each case, parties and attorneys involved, and the potential broader impact of the verdict. The No. 3 plaintiff verdict involved the case of Hilario Cruz and Solomon Mathenge, who took Nissan North America to court in June over claims the company’s faulty brakes caused a car crash that killed three people. A Los Angeles, California jury awarded them a headline-grabbing $25 million verdict. Cory Watson attorneys Jerome Tapley, Ryan Lutz, Brett Turnbull and Adam Pittman led the trial team representing plaintiffs. Others included Paul Kiesel, Steven Archer and Bryan Garcia of Kiesel Law LLP, Kirk Wolden of Carter Wolden, as well as attorneys Claudia C. Bohorquez and Vicki I. Sarmiento. The impressive verdict came after Nissan settled a class action involving claims concerning the same brake defect in 2014, offering compensation to the owners of more than 250,000 Nissan-built Armadas, Titans and Infiniti QX56 models. Cory Watson attorneys Jerome Tapley and Ryan Lutz were Class Counsel in that case. From CVN’s website: “Why it made the list: When plaintiff Hilario Cruz first filed a lawsuit over the vehicular collision that took the life of his two children and their mother, he sued the driver of the Infiniti SUV that slammed into their car, 74-year-old Solomon Mathenge. Mathenge was later charged with vehicular manslaughter. Mathenge maintained that the brakes on his vehicle failed, and after prosecutors learned that the same defect Mathenge alleged also served as the basis for a class action lawsuit against Nissan, which manufactures the Infiniti line, they dropped the charges. Cruz then sued Nissan with Mathenge as a co-plaintiff. The litigation culminated in a month-long trial this summer in Los Angeles that featured the unusual circumstance of both sides involved in a two-vehicle collision suing an automobile manufacturer together at the same trial. Nissan defended the case vigorously, claiming Mathenge caused the crash by hitting the gas pedal instead of the brake and bringing in a team of trial aces from the powerhouse firm Bowman & Brooke. Despite that top shelf defense effort, the jury awarded $14 million to Cruz, $7.4 million to one of his surviving daughters, and $3.5 million to Mathenge.” Congratulations to Brett Turnbull, Jerome Tapley, Ryan Lutz, Adam Pittman and the rest of the trial team! To view the entire list, as well as video from the Hilario Cruz, et al. v. Nissan North America proceedings, click here.

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| Read Time: 2 minutes | Car Accidents

Lives in the Balance: Feature by BHM BIZ

Not only was a $25 million verdict against Nissan a big case for Cory Watson Attorneys, its impact changed lives. “A jury in Los Angeles returned a $25 million verdict for three plaintiffs against Nissan in a lawsuit blaming faulty brakes for a car crash that killed three victims. The crash that occurred at an intersection in Hollywood involved a minivan and an Infiniti QX56, manufactured by Nissan. The van driver and her two children were killed when the Infiniti driven by Solomon Mathenge slammed into their vehicle. Cory Watson attorney Jerome Tapley, who is based in Birmingham and served as lead attorney in the case. says the firm became involved after a family member reached out to them. Tapley has described the case is a perfect microcosm of the importance of the law and the careful, measured pursuit of justice. “This case affirms that the justice system works to hold wrongdoers accountable, and that good Birmingham lawyers can try a case anywhere.” Along with Tapley, fellow Cory Watson attorneys Brett Turnbull, Ryan Lutz, Adam Pittman and Ryan Myers represented plaintiffs in the case. “We applaud the jury for their diligence and hard work reviewing the evidence in this case. Our thoughts and prayers are with the families who lost their loved ones in this tragic accident that could have been avoided. We hope this verdict will inspire Nissan to step up and take responsibility for the safety of their vehicles so that no one else is killed or injured because of a product defect Nissan failed to reveal and recall.”

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| Read Time: 3 minutes | Class Actions

Unfairness in Proposed Class Action Law: New Bill Would Hurt Consumers Across the Country

The United States Senate will vote on the mistitled “Fairness in Class Action Act of 2017,” H.R. 985, a bill that passed the House of Representatives by a vote of 220-201. The bill was sold by its sponsor, Rep. Bob Goodlatte (R-Va.), as a way to “assure fair and prompt recoveries for class members and multidistrict litigation plaintiffs with legitimate claims.” But the real aim of the bill would prevent recoveries for consumers in almost every type of class action imaginable. What do Class Actions do for me? Class actions are lawsuits brought by one consumer on behalf of other people who have the same problem. Some of the most important civil rights cases in our history, such as Brown v. Board of Education, were class actions brought to address the rights of multiple people at once. Class actions help protect people who can’t afford to have their problems addressed alone. For example, if a company defrauded 1,000,000 people for $100 each, no single person could afford to spend thousands of dollars to get their $100 back. Class actions allow people who have been harmed to band together. A win for one consumer, known as a “class representative,” is a win for everybody else that the Court determines is in “the class.” Without class actions, there would be no consequence for a business or government that hurts a lot of people at once—as long as it didn’t hurt any one person enough for them to create a costly individual lawsuit. The Proposed Law Would Take Away Your Protections! This proposed law in Congress would make sweeping changes to decades of law that would bar consumers with legitimate claims from going to court. The bill requires that all potential members of a class have the “same type and scope of injury” before the lawsuit proceeds as a class action. Class actions are a compromise designed to address many people’s claims at once—but two people rarely have the exact same harm. A bank that defrauds its customers through bogus fees may not charge everyone the same bogus fee the same number of times. 100,000 people who unknowingly bought the same defective car will all have paid different amounts of money. These are classic cases for a legitimate class action, but these class members have different “scope” of injury, and could not bring a class action under the new law. This rigid requirement would not help consumers—it is designed to help corporations escape their responsibilities through a technicality. Commentators have explained that requiring all class members to have the exact same type and scope of injury could be used to prevent almost every kind of class action you can imagine: Recalls of dangerous products. Banking fraud. Civil rights cases against blatant discrimination. Wage and hour disputes under Federal law. Asbestos and drug injuries. Environmental contamination. Any recent and important lawsuit that created a safety recall—Takata airbags, GM ignition switches, VW diesel emissions—would have been impossible to bring under the new law. What can I do about it? This bill would not protect Americans with legitimate claims—it would protect corporations that knowingly broke the law. Call your Senator and demand they vote “NO” on H.R. 985! WE’RE HERE FOR YOU 24/7 At Cory Watson Attorneys, we have made it our mission to fight for the rights of injury victims and their families for more than 30 years, and have recovered over 3 Billion for our clients. Call (877) 562-0000 or fill out our online form to arrange for your FREE and CONFIDENTIAL case evaluation.

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