Jury Awards $4.8 million for Injuries Caused by Hernia Mesh

In a verdict reached today, a Rhode Island jury found Davol and C.R. Bard liable for injuries caused by their Ventralex polypropolene hernia mesh product. The jury awarded compensatory damages of $4.8 million to plaintiff Paul Trevino.

Katherine E. Charonko, Brian McAllister, and Elizabeth Stryker from Bailey & Glasser, LLP along with the trial team at Motley Rice, LLC which included Jonathan Orent and Fred Thompson, tried the case to verdict over the course of the past 5 weeks.

Plaintiffs in hernia mesh cases argue the devices have left them injured and with side effects ranging from chronic pain to infections to nerve damage, and that companies like Davol and Bard allegedly sold the devices despite knowledge of their risk to patients. Plaintiff’s counsel argued during closing: “4000 people hurt severely by this device in the last 3 years alone. 25 percent, one in four people that were implanted with this device had another surgery to take it out. . . . That’s what the evidence in this case is. Trust your eyes. Use your judgment. Use your common sense.”

3M Can’t Shield Itself From Liability Using Bankruptcy Proceedings

In a significant win for U.S. veterans across the country, a United States bankruptcy judge in Indiana refused to support 3M Co.’s attempt to temporarily stop more than 230,000 lawsuits related to 3M’s defective earplugs from moving forward. These lawsuits accuse 3M and its bankrupt subsidiary, Aearo Technologies LLC, of selling faulty combat earplugs that damaged the hearing of veterans who used them.

Last month, 3M attempted to assign all their liabilities related to the Combat Ear Plug litigation to Aearo Technologies, and then, in a matter of days, placed the subsidiary into bankruptcy and sought a stay of all proceedings as to 3M while the bankruptcy progressed.

This sham tactic is an attempt to use insolvency proceedings as a way to impede jury trials related to their defective earplug products. Read on …

Jackalyn Olinger Rochelle Receives President’s Distinguished Service Award from the American Association for Justice (AAJ)

Congratulations to Partner Jackalyn Olinger Rochelle for receiving the President’s Distinguished Service Award from the American Association for Justice (AAJ) which honors trial lawyers who support the mission of AAJ in their fight for equal justice in the U.S. Jackie was furthered honored by AAJ when she completed the AAJ Leadership Academy and was awarded the Diversity & Inclusion Leadership Academy Award. AAJ’s Leadership Academy provides training to highly qualified and talented members, in particular those who are underrepresented within the association, to help make them more effective leaders in AAJ, in their law firms, and in their communities. Both these wonderful achievements speak to Jackie’s tenacity, hard-work, and her commitment to her clients. She has over 17 years of experience and leadership handling matters for people all over the country whose lives have been impacted by the carcinogen asbestos. She sees cases through from intake to trial and has secured millions of dollars in settlements and awards for her clients and their families.

Fifth Circuit Overturns District Court Ruling in Wrongful Death & Civil Rights Private Prison Death Case

“Justice is what love looks like in public.” (Cornel West).

When Erie Moore Jr. was beaten to death by prison guards in a camera-free hallway at a private Louisiana prison, a team of lawyers including Bailey Glasser partner Leslie Brueckner, then a Senior Attorney at Public Justice, fought for justice on his on behalf of his children by pursuing a forceful and passionate appeal of a federal district court ruling that dismissed civil rights claims and a wrongful death lawsuit against the actors who caused his unnecessary death. Last Friday, the U.S. Court of Appeals for the Fifth Circuit overturned the district court’s ruling, finding that evidence exists that reflects Mr. Moore’s death was caused by the guards’ use of deadly force, including videotapes and testimony that reflected guards wanted to “beat him [to] death” and “finish him” and then withheld medical treatment. This decision ensures that Mr. Moore’s family will have the opportunity to present their case to a jury and hold the defendants accountable for the loss of their father.

Read on . . .

Webinar Replay: From Beeple to Billions

An NFT is one-of-a-kind digital asset that belongs to you and you alone – and some are selling for jaw-dropping prices. NFTs can be digital artwork, GIFs, virtual trading cards, images of physical assets, and even tweets. Brands such as the National Basketball Association (NBA), Louis Vuitton, Coca-Cola, and the Associated Press are releasing their own NFTs to sell to their consumers. Now is the perfect time for you to watch this engaging and informative webinar to understand the wide world of NFTs and the opportunities – and risks – inherent in it.

Hosted by Bailey Glasser lawyer Michael de Leon Hawthorne, this 45-minute webinar included special guests Brian Chiou, Founder and Chief Executive Officer of Hello Raye and Jacob Shrader, General Manager of Esports at ZenSports. Both Brian and Jacob offered their unique and detailed analysis of the NFT industry.

From Beeple to Billions Webinar Replay

Bailey Glasser Wins Disability Rights “Elite Trial Lawyer” Award

Bailey & Glasser, LLP has been honored with the Elite Trial Lawyers Award for 2022 in the area of Disability Rights by American Lawyer Media, publisher of The National Law Journal. Bailey & Glasser, LLP was recognized for its tireless advocacy in securing an unprecedented verdict on behalf of two nonverbal minors against a residential care facility. Lead trial counsel Sharon Iskra accepted the honor on behalf of the firm on July 14th at the awards ceremony in NYC, which you can view here. Congratulations to Sharon and the entire trial team including Jonathan Marshall, Sam Hrko, Victor Woods, Patricia Kipnis, and BG paralegal Christy Robinson.

We were also honored to be a named finalist in the Diversity Initiative category, with our diversity work being led by Diversity Partner Elizabeth Ryan.

BG Partner Michael “Mickey” Robb Convinces EPA To Evaluate Whether College Students & Employees Are At An Increased Risk For Exposure To Asbestos

Mickey Robb

Congratulations to BG partner Michael “Mickey” Robb for convincing the U.S. Environmental Protection Agency to evaluate college/university students and employees as a group that is at an elevated risk for exposure to cancer-causing asbestos that lingers in aging higher education buildings across the United States.

When the EPA recently asked for public comment on its new Risk Evaluation for Asbestos Part 2, Mickey filed a public comment educating the EPA on Bailey & Glasser, LLP’s extensive investigation into the widespread asbestos contamination that exists inside of college and university buildings across America.

In his public comment, Mickey urged the EPA to modify its Potentially Exposed or Susceptible Subpopulations group to include individuals who may be exposed to asbestos while they are working or taking classes inside of college and university buildings.

The EPA’s response to Mickey’s request is noted below in this excerpt from the Federal Register:

“I’m honored that the EPA has taken our suggested rule modifications seriously,” Mickey said. “This is a monumental first step toward protecting college and university employees and students from exposure to asbestos inside of aging school buildings across the nation.”

Bailey Glasser Wins Multi-Million Dollar Jury Verdict

Bailey & Glasser, LLP won a unanimous jury verdict on behalf of Shonk Land Company on Friday, May 6, 2022. Our team proved that the Defendants in the case committed five separate breaches of Shonk’s contractual rights of first refusal. As a result of those verdicts, Shonk will be restored as the rightful owner of 16,000-plus acres of valuable oil & gas property. In addition, Bailey & Glasser, LLP proved that the Defendants committed an intentional trespass, slandered Shonk’s title, tortiously interfered with Shonk’s rights, and were thereby unjustly enriched. In all, and in addition to its 16,000-plus acres of land, the jury awarded Shonk over $4.1 million in damages.

The trial team was led by partner Nick Johnson and included seasoned and talented litigator Sallie Gilbert and paralegal Christy Robinson.

“On behalf of our firm and our client, we thank the jurors who sat attentively through this case, and we are humbled that they awarded our client everything to which it was entitled, including the long-awaited return of its own land,” said Nick Johnson. “Throughout the trial, we felt as though we exposed some egregiously bad and intentional conduct committed by Defendant Diversified Gas & Oil Corporation, and the jury’s verdict vindicates our view of what went on in this case.”

Take Two: Biden’s Budget Proposes Tax Hikes

Alex Serber and Stephen Putnoki-Higgins

On March 28, 2022, President Biden announced his 2023 federal budget (Budget), which is often referred to as the President’s Green Book. While much of the Budget harkens back to the “Build Back Better Framework” (Framework), the Budget narrows down some of the Framework’s loftier goals and re-focuses on Biden’s “new economic vision,” which consists of reducing costs for families, reducing the deficit, and building a better America. More specifically, Biden stated that:

Continue reading “Take Two: Biden’s Budget Proposes Tax Hikes”

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