Archive for 2009

How an MDL Class Action is like Super Target

August 25th, 2009. By AbiK

There’s been a lot of talk about multi-district litigation, or MDL, lately. Thanks to the coverage of the Chinese drywall situation, the term “MDL” has shown up more in the news. But what is an MDL? Pleading Ignorance takes a look at MDL, with some insight from attorney Gary Mason—one of 50 lawyers who’s been assigned to work on the Chinese drywall case. So…

What is Multi-District Litigation (MDL)?

I like to think of it as going to a ramped up big-box retailer (like Super Target) vs. hitting a drug store, bakery, deli, grocery store and say, Old Navy, in separate trips. The consolidated Super Target just makes it easier to get what I want and need—that’s kind of the point behind an MDL.

MDL, or mulit-district litigation, allows for common issues that are part of many claims across multiple districts in a class action to be consolidated in one court for pre-trial proceedings. A judicial panel decides whether a case can be consolidated—so a group of lawyers can’t just decide on their own to consolidate things—it needs to be approved. Read the rest of this entry »

Tags: MDL, Pleading Ignorance
Posted in Pleading Ignorance | No Comments »

Chinese Drywall not radioactive after all

August 24th, 2009. By AbiK

We recently posted about some early news reports that indicated Chinese drywall could potentially be radioactive—luckily for folks who’ve been suffering through the defective drywall debacle, the US Environmental Protection Agency and the Florida State Department of Health—both of whom were asked to test the drywall by the US Consumer Safety Commission—found no unusual levels of radioactivity in the drywall.

According to The Miami Herald (8/22/09), traces of radioactive material were found, but they were not at levels that would be any higher “than found in the natural environment”.

Good news, but perhaps a moot point anyway if you’ve already been forced out of your home.

Tags: chinese drywall
Posted in Defective Products | No Comments »

PAGCL – Man-Made or Man Induced?

August 24th, 2009. By LucyC

Post arthroscopic glenohumeral chondrolysis (PAGCL)—ever heard of it? Chances are probably not—unless you have it. 

PAGCL is a painful and debilitating condition characterized by the deterioration of cartilage between bones—cartilage is the stuff that prevents bone from grinding on bone. The problem with cartilage is that it doesn’t renew itself when it becomes damaged. There’s no blood flow to cartilage—so it can’t renew itself. So, once damaged, forever damaged. 

It turns out that some types of pain medication delivered via a shoulder pain pump for example, are toxic to cartilage, and can cause PAGCL. So the very thing that’s meant to help in fact harms, permanently. Some reports suggest that just a few days worth of exposure can harm the cartilage. Read the rest of this entry »

Tags: shoulder pain pump
Posted in Drugs/Medical | No Comments »

Expedia Service Fees Settlement – you in?

August 24th, 2009. By AbiK

Darn right I’m in. Not because there’s potentially $123.4 million on the table. Not because I’m really, really ticked off about paying those bundled “tax recovery charge” and “service fees”. Not because I have any bone to pick with the travel industry or Expedia itself. What gives? The folks managing the Expedia class action settlement election form process have made it EASY to play.

Just the other day there was a little email in my inbox (truthfully, I get a lot of emails that start out: “Notice of Settlement” or some other legalese—so it didn’t exactly stand out at first). When I opened it, I dreaded the never-ending diarrhea of legal verbiage that so often accompanies these “notices”. Not gonna lie, this one’s got it, too.

But if you take the time to click thru to the election form pages, you’ll see that your options are simple: Read the rest of this entry »

Tags: Expedia
Posted in Settlement | 39 Comments »

MRI Breast Cancer Study & MRI Health Risks

August 21st, 2009. By AbiK

The American Cancer Society’s CA: A Cancer Journal for Clinicians just published (8/13/09) the findings from a study done on the use of MRI with early stage breast cancer patients.

Given: MRI health risks have been in the news given contrast agent gadolinium’s association with the potential for NSF (Nephrogenic Systemic Fibrosis).

Given: It’s been in vogue (if breast cancer can ever be) to have an MRI as part of the diagnostic process for breast cancer.

Read the rest of this entry »

Tags: MRI Health Risks
Posted in Drugs/Medical | No Comments »