Foley & Small Legal News

11/7/2017 - St. Jude Medical Defibrillator Recall
FDA has identified this as a Class I recall, the most serious type of recall. Use of these devices may cause serious injuries or death.

6/8/2017 - NECC Second Payments Expected This Summer
Tort Trustee Reports Payment Expectation at MDL Status Conference

4/24/2017 - Final NECC Victims' MDL Payments Due By Summer
The second and final payments to victims of the 2012 fungal meningitis outbreak should come this summer and the underlying court case should be nearing final resolution by August.

3/22/2017 - Cadden Guilty in NECC Criminal Trial
NECC owner Barry Cadden guilty on racketeering and fraud claims

3/15/2017 - What is Mass Tort Litigation?
Often seen with defective drugs or medical implants.

2/16/2017 - Indiana Supreme Court Denies State's NECC Appeal
Court holds NECC related claims against state clinics controlled by Medical Malpractice Act

2/10/2017 - NECC Fund Distribution Update
Bankruptcy Trustee submits report - 1447 claim checks mailed to date

2/10/2017 - NECC Criminal Trial Continues
Owner Barry Cadden faces murder and other charges

12/28/2016 - New England Compounding Center’s National Sales Director Pleads Guilty
Plea Will Help Foley & Small in Asserting Claims Against State Clinics

12/28/2016 - Foley & Small Resolves Trucking Accident Claim for $500,000.00
Man injured when truck crashed into rear of pick-up

11/29/2016 - Foley & Small Files Motion on Payment Delay
Motion seeks a delay in the payment of fees and expenses to attorneys, located primarily in Massachusetts, working on the Plaintiffs Steering Committee until after victims are paid

11/7/2016 - Favorable Indiana Court of Appeals Decision in NECC State Litigation
Decision upholds trial court rulings that the Indiana Medical Malpractice Act applies to patient claims

11/2/2016 - NECC Bankruptcy Claim Payments Slow Coming
To date, only 275 checks have been sent to the first group of 1,199 approved claimants

11/2/2016 - Indiana Court of Appeals Oral Argument Goes Well in NECC State Clinic Litigation
Doug Small Argues Before Judges Bradford, Pyle and Altice

8/24/2016 - Court Approves NECC Agreement for Resolution of Medicare Liens
Order of Approval Will Pave the Way for Start of Process of Making Initial Payments

8/18/2016 - Motion Filed to Compel Distributions in NECC Bankruptcy/MDL Proceedings
Judge Zobel intervenes at hearing to spur resolution of Medicare liens

8/18/2016 - Oral Argument Set in NECC/OSMC/SBC State Court Litigation
Appellate briefing completed - Oral argument set for October 19

4/18/2016 - $500M in Hip Lawsuit
Johnson & Johnson and one of its subsidiaries were hit with a $500 million verdict on March 17

4/18/2016 - Indiana Hospital Chargemaster Rates Questioned
A recent Indiana Court of Appeals decision has again put a hospital’s chargemaster rates in the crosshair

2/16/2016 - NECC Settlement Distribution Letters Being Sent
Letters have started to go out from Epiq, the claims administrator on the NECC bankruptcy settlement.

2/3/2016 - Pelvic Mesh Trial Ends in Defense Verdict
The first trial against two manufacturers of transvaginal mesh products has ended in a verdict for both companies

1/28/2016 - Johnson & Johnson said to pay $120M in its first big mesh settlement
Johnson & Johnson has made its first serious move to settle thousands of lawsuits filed by women who fault the company’s vaginal-mesh inserts

1/25/2016 - Pelvic Mesh Maker Bets On Trials
After four years of litigation, most of the manufacturers of pelvic mesh devices have begun to settle thousands of cases in an effort to shrink the largest mass tort in the country. All, that is, except for Johnson & Johnson as to its Ethicon product

12/23/2015 - Appeals Taken in NECC-Clinic State Court Cases
The State of Indiana/Patients Compensation Fund has taken steps to bring appeals the cases pending against the South Bend Clinic in the St. Joseph Superior Court in South Bend and against OSMC in the Elkhart Superior Court in Elkhart

12/16/2015 - Status NECC Bankruptcy
Foley & Small has completed submission of claims forms for its more than 80 clients

12/15/2015 - Trial Court Decisions Reached
Foley & Small is pleased to report that we have obtained decisions

6/1/2015 - Bankruptcy Court Approves Settlement with NECC and Related Companies
Court approved settlement of over $100 million

6/1/2015 - Filing of Claims in the Settlement Process in NECC Bankruptcy
Claim packages to be distributed by June 18 and all claims to be filed by October 2

2/26/2015 - NECC Bankruptcy Disclosure Hearing
Disclosure Hearing Held in NECC Bankruptcy Involving Contaminated Epidural Injections

2/26/2015 - NECC Litigation Unifirst Settlement $30.5 Million
Settlement Reached with UniFirst for $30.5 Million as part of the NECC Contaminated Epidural Injection Litigation

4/3/2014 - Complaint Filed Against OSMC on Contaminated Epidural Injections
Foley & Small files claims for more than 100 clients affected by NECC defective injections received at OSMC

1/3/2014 - Proposed NECC Settlement
Will benefit Foley & Small clients.

1/3/2014 - NECC Bar Date Notice
Proof of Claim must be filed by 4:00 PM Jan 15, 2014

11/23/2013 - Settlement in the DePuy ASR Hip Implant Litigation
Thousands with claims arising from defective design in metal-on-metal hip replacement product

10/25/2013 - Verdict of $45,000 in Apartment Mold Case
Doug Small obtains verdict in Marshall Circuit Court

6/14/2013 - Doug Small Named Indiana Chairperson in NECC Litigation
Multi-District Litigation proceeding against New England Compounding Center pending in Boston

5/15/2013 - Verdict in Uninsured Motorist Case Against State Farm
Verdict of $37,500 When Settlement offer of only $13,000

3/28/2013 - Foley & Small obtains $90,000 verdict
Verdict obtained after Allstate offers only $1000 before trial in settlement.

3/28/2013 - Meningitis Cases Removed to Federal Court
New England Compounding Center files for bankruptcy.

3/28/2013 - Multi-District Litigation formed for Handling Meningitis Claims
MDL proceeding established with Federal District Court in Massachusetts

3/28/2013 - Doug Small Nominated to Serve on Plaintiffs Steering Committee
Would Coordinate Efforts to Assert Meningitis Claims

3/28/2013 - Foley & Small Filing Claims for Defective Vaginal Slings
Foley & Small Has Filed Claims for More Than Two Dozen Women Tragically Injured by the Implant

3/28/2013 - Foley & Small Files Yazmin Claim
Claimed filed for young woman hospitalized after developing severe blood clots.

3/28/2013 - Foley & Small Settles Claim for $600,000
Woman suffers severe injury using a zip line on private property.

3/28/2013 - Foley & Small Handling Wrongful Death Claim
Husband and father of family killed when a car hit by a semi tractor-trailer.

11/7/2012 - Foley & Small Files Fungal Meningitis Claims
Fungal Meningitis Claims Filed in Elkhart Superior Court

9/20/2012 - Foley & Small Obtains $200,000 Verdict
$200,000.00 Verdict in Favor of South Bend Resident Against State Farm Insurance

6/21/2012 - Foley & Small LLP Settles Intersection Collision Claim for $716,000
Husband and Wife seriously injured in collision

6/21/2012 - Foley & Small Files Lawn Tractor Claim
Product liability claim against lawn tractor manufacturer for injuries to child

6/21/2012 - Foley & Small Resolves Motorcycle Claim
Cyclist injured when car turns in front of bike

6/21/2012 - Foley & Small resolves uninsured motorist and bad faith claim
Settlements of $225,000 for physician injured in auto collision

6/21/2012 - Foley & Small settles winter slip and fall claim
Client suffered a shoulder injury requiring surgery

3/28/2012 - Auto Case Resolved for $300,000
Collision on SR 331 in Marshall County

3/28/2012 - Foley & Small Files Fosamax Claim
Client suffered non-traumatic thigh bone fracture

3/28/2012 - Foley & Small LLP Settles Collision Claim for $100,000
Complications to prior cervical surgery

10/21/2011 - Head-on Car Collision Settled
Foley & Small has resolve a head-on car accident claim

9/21/2011 - Foley & Small Settles Rear End Collision Claim for $240,000.00
Box delivery truck rear-ended 3/4 ton pick up resulting in low back injury and later surgery

9/12/2011 - Foley & Small LLP Settles an Adult Wrongful Death Claim for $1,000,000
Foley & Small achieved a settlement for the family of a young adult killed in motor vehicle collision.

8/31/2011 - Foley & Small Files Depuy ASR Hip Replacement Lawsuit
Foley & Small LLP has filed a lawsuit against Depuy Orthopedics, and Depuy, Inc., on behalf of Indiana women who received a Depuy ASR hip replacement which subsequently failed.

8/31/2011 - Foley & Small LLP reaches settlement of $325,500 in auto accident matter.
Foley & Small LLP is pleased to announce a settlement on behalf of their clients.

2/15/2011 - Drunk Driver Collision Resolved
Drunk Driver Collision Resolved for More Than $100,000 After Pursuit of Multiple Claims.

2/11/2011 - Settlement of Slip & Fall Claim
Fall at Convenience Store Due to Wet Mopped Floor resolved for $121,250.00

1/7/2011 - Foley & Small Achieve $1 Million Settlement
Foley & Small $1 million settlement for client with head injury after struck by a truck.

12/15/2010 - Foley & Small Fosamax Lawsuit
Foley & Small LLP announces they have filed a lawsuit against Merck & Co., Inc. on behalf of an Indiana woman who experienced osteonecrosis of the jaw.

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