Carolyn Casey, J.D.

Joining the rolling chorus of states across the country, Connecticut’s Governor issued two executive orders related to the COVID-19 public health crisis in early April. Order No. 7U (EO7U) grants healthcare professionals and facilities immunity from certain civil liabilities related to services provided during the public health crisis. This section was replaced in its entirety

Posted on April 2, 2020 in COVID-19

On April 9, 2020, the Governor of Arizona issued an executive order granting immunity to certain healthcare professionals and organizations providing care services in support of the State’s COVID-19 public health emergency. The immunity given applies to all acts or omissions occurring during the executive order time period, which runs from April 9th-June 30th, unless

Posted on April 10, 2020 in COVID-19

A U.S. district judge in Missouri recently dismissed a worker’s protection lawsuit filed by the Rural Community Workers Alliance. The suit alleged that Smithfield Foods, Inc, the world’s largest pork producer, failed to provide adequate workplace safety in its Milan, Missouri plant. In his opinion, Judge Greg Kays signaled that federal agencies are better suited

Posted on June 4, 2020 in COVID-19 & Litigation Monitor

The legal doctrine of “lost chance” balances on the tightrope-like tension between two societally-held values. The doctrine is frequently relied upon in medical lawsuits where malpractice directly harmed a patient’s health outcome.

Posted on June 16, 2020 in Trial Tactics & Uncategorized

On the heels of rolling executive orders from Governors across the country granting civil immunity to healthcare organizations and workers during the COVID-19 crisis, States are now moving to protect businesses as well. As of June 19, 2020, Louisiana, North Carolina, Oklahoma, Utah, and Wyoming have enacted laws that grant businesses immunity from civil lawsuits

Posted on June 21, 2020 in COVID-19

The California Consumer Privacy Act (CCPA) is a landmark privacy law that took effect on January 20, 2020. It gives California consumers new rights to control how businesses use their personal information by imposing consent and security regulations on businesses. The CCPA also affords consumers the ability to bring legal actions against organizations using their

Posted on June 1, 2020 in Uncategorized

On June 11, 2020, the FDA announced that five pharmaceutical companies would be voluntarily recalling certain extended-release metformin drugs (ERM) used in the treatment of type 2 diabetes. This announcement came two weeks following the FDA’s initial recall recommendation after agency testing of ERM revealed unacceptable levels of N-Nitrosodimethylamine (NDMA), a human carcinogen. A Recurring

Posted on July 14, 2020 in Litigation Monitor & News

A successful tort case depends on establishing a few essential legal elements: duty, breach, causation, and damages. This third element—causation—can often prove tricky, especially for matters in pharmaceutical product liability and mass toxic tort litigation. In such cases where a plaintiff has been exposed to a dangerous pathogen or a defective drug, for instance, the

Posted on July 21, 2020 in Trial Tactics & Working with Experts

Many professionals with robust industry experience have considered generating extra income by consulting on legal cases. You hear about a case and think, 'I could have been the expert explaining that to the jury.' But like many, you may dismiss the idea.

Posted on August 12, 2020 in Resources for Experts

For massive multidistrict litigation taking on GlaxoSmithKline, the makers of anti-nausea drug Zofran, the bellwether trial has been delayed until likely next year due to COVID-19. After widespread claims emerged that the drug caused birth defects after pregnant women took it for morning sickness, the cases were consolidated in Massachusets district court back in 2015.

Posted on August 20, 2020 in COVID-19 & Litigation Monitor & Uncategorized