$1.8 Million Verdict Against Johnson & Johnson -- Levaquin

The AP (12/9) reports, "A federal court jury on Wednesday ordered healthcare company Johnson & Johnson to pay damages of $1.8 million in the case of an 82-year-old man who sued over claims the antibiotic Levaquin (levofloxacin) caused him severe tendon injuries." The trial "was the first on more than 2,600 other US lawsuits making similar claims."
        The New York Times "Prescriptions" blog (12/9) reports, "In a closely watched case, a federal jury on Wednesday awarded a Minnesota resident a total of $1.82 million in damages, finding that Johnson & Johnson had failed to adequately warn patients that its antibiotic Levaquin may cause tendon damage." The jury "awarded $1.12 million in punitive damages and $700,000 in compensatory damages to John Schedin, 82." A spokesman for Orthio-McNeil-Janssen Pharmaceuticals said, "We are disappointed with the jury's decision and will vigorously defend against plaintiff's claims on appeal."
        Bloomberg News (12/9, Fisk, Hawkins) reports, "In 2008, the US Food and Drug Administration required J&J and makers of related drugs in the class of antibiotics called fluoroquinolones to include warnings on the risk of tendon ruptures. The risk was higher in patients older than 60, those taking steroids, and recipients of kidney, hearty, or lung transplants, the FDA said." The plaintiffs "claim the label warning should have been improved earlier and remains inadequate" and they say "J&J and Ortho-McNeil-Janssen boosted sales by downplaying risks."
        The first of thousands of claims reaches jury award. The Minneapolis Star Tribune (12/8, Moore) reported, "The Minneapolis jury awarded $1.1 million in punitive damages and $630,000 in compensatory damages to 82-year-old John Schedin, who ruptured or partially ruptured both Achilles tendons after taking Levaquin and a steroid five years ago for bronchitis. At the time, neither Schedin nor his physician was aware of the risks associated with the drug combination." The Tribune adds the case "was the first to go to trial of thousands nationwide that Levaquin patients have filed with claims of tendon injuries. The blockbuster drug is commonly prescribed for various infections -- more than 430 million prescriptions have been written worldwide."

$56 Million Shoulder Dystocia Birth Trauma Verdict

A New York hospital is attempting to overturn a $56 million verdict in a birth injury lawsuit won by a family last year after their son’s shoulder became stuck on the mother’s pelvic bone during delivery.

The shoulder dystocia lawsuit was filed by the Swanson family, alleging that Northern Westchester Hospital botched the delivery of their newborn child in October 2003, leading to permanent and debilitating injuries and nerve damage. The hospital announced last month that it was appealing the verdict.

A New York Supreme Court jury determined that the Dr. Carla Eng-Kohn and the Northern Westchester staff were negligent during the delivery of Bruce and Mary Swanson’s son. As a result of the shoulder dystocia birth injury, the child suffered brain damage, nerve damage and internal bleeding, as well as multiple bruises. The jury determined that the staff had failed to handle the situation in a timely manner, leading to permanent brain stem damage.

During shoulder dystocia, if an infant becomes stuck in the birth canal, there is a risk that the child will suffer from oxygen deprivation that can lead to brain damage, cerebral palsy and other disabilities. In addition, the child can suffer injuries to the brachial plexus nerves in the baby’s shoulders, either from pressure while being stuck or due to the doctor using too much force to deliver the infant. This can cause Erb’s Palsy (Brachial Plexus Injury), which is a form of nerve damage that can severely and permanently limit the ability of the child to use their arm.

The Swansons’ child suffers from developmental delays, aspiration pneumonitis and speech impairment. They filed their lawsuit against the hospital in 2006. The verdict was one of the highest jury awards handed down in the state last year.

$3,991,000 Million Maryland Cerebral Palsy Verdict Awarded to Family

In Maryland, a jury awarded the family of Ryan Dineen $3,991,000 for their cerebral palsy lawsuit. Ryan is now 9. His family’s lawsuit alleged that medical staff members at Frederick Memorial Hospital of medical malpractice related to Ryan’s birth in May 2000. Named as defendants in the civil complaint were the hospital, three nurses, and three doctors. However, the jury found only two doctors, Dr. Brian Raider and Dr. Edward Chen, negligent for Ryan’s birth injury. According to the lawsuit, Suzette Dineen, an Adamstown resident, was 36 weeks pregnant with Ryan when she was admitted to the Maryland hospital for vomiting, abdominal pain, and diarrhea. She claims that after she arrived at the hospital, staff members failed to properly monitor her baby’s fetal heartbeat. The complaint contends that even though Rader, who was the emergency room doctor, and Chen, who is an obstetrician, were told about Suzette’s condition, both men never came to see her. It wasn’t until 3 hours after she arrived at the hospital that the medical team noticed that her baby’s heart rate was too low and they performed an emergency cesarean birth. Ryan had no heart rate and wasn’t breathing when he was born. Doctors were able to revive him but he sustained permanent brain damage and lifelong disabilities and now suffers from cerebral palsy.

For information on representation on catastrophic cerebral palsy cases in Idaho, please contact the Boise, Idaho law firm of Mahoney Law, PLLC. (208) 345-6364. www.patrickmahoneylaw.com.