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Facts of the Case

The plaintiff sought treatment from the defendant, Dr. Kristine Brecht, for several cosmetic procedures. Dr. Brecht agreed to perform several procedures, including a full tummy tuck, an arm lift, a breast lift, and liposuction. The plaintiff had several conditions that increased certain risks associated with the procedures, according to her attorneys. These included poorly controlled type 1 diabetes and smoking, both of which increased the plaintiff’s risk of delayed or improper healing or skin necrosis following these procedures. Nonetheless, plaintiffs argued, Dr. Brecht failed to warn the patient about these risks or advise her to quit smoking before the procedures.

Plaintiffs also alleged that the physician failed to meet the standard of care during the procedure itself. Arguments focused on Dr. Brecht’s use of “Cinderella anesthesia.” Cinderella anesthesia, to which Dr. Brecht currently owns the trademark rights, combines oxycodone and lorazepam to serve as a makeshift alternative to anesthesia, along with the use of handcuffs and weights to restrain patients. The plaintiffs alleged that the use of Cinderella anesthesia left the plaintiff with memory loss.

$13 Million Verdict in Plastic Surgery Malpractice Case

The Lawsuit

The girl’s court-appointed guardian filed a lawsuit in 2019 against Clarence Garcia and his wife, Debbie Garcia, the nonprofit Familyworks Inc., behavioral health provider Acadia Healthcare, and its CEO, Joey Jacobs. Defendants also included Acadia subsidiaries Youth and Family Centered Services of New Mexico Inc. and Desert Hills, a defunct children’s residential treatment center.

In the lawsuit, the guardian accuses the Acadia companies of failing to protect the young girl under their care. The filing states that Garcia repeatedly raped the child in 2018.

The complaint alleged that Familyworks selected, authorized, and certified Clarence and Debbie Garcia to provide care for the 8-year-old Bernalillo County girl. Familyworks placed the child into a treatment foster care home with the Garcias even though they knew Clarence Garcia was “sexually abusing and sexually assaulting foster children placed in his care.”

The complaint also asserted that Familyworks had unqualified employees, was understaffed, failed to adhere to policies and procedures, and showed a pattern and practice of simply placing foster kids to fill beds. The plaintiff’s filing also said some Familyworks foster families had incidents of physical and sexual assaults of foster children.

Stunning $485 Million Verdict Awarded to a Child Sexually Abused in Acadia Healthcare Foster Care

Background

In 2017, a California man named Dennis Perez crossed into oncoming traffic while driving, crashing into Victor Montez. At the scene of the crash, where Mr. Montez suffered life threatening head and neck injuries, Mr. Perez did not immediately call 911. When police officers did arrive, a deputy later testified that Mr. Perez was unable to walk without staggering, two hours following the crash. Although he originally told officers he hit a puddle and hydroplaned into Mr. Montez’s car, Mr. Perez later pleaded guilty to a felony DUI. 

Mr. Montez and his wife, Lisa, filed a personal injury lawsuit against Mr. Perez in 2018. Rex Parris, founder of the Parris Law Firm, represented the Victor Montez in the lawsuit. Mr. Perez’s auto insurer, MetLife, defended the claim vigorously over five years. The insurer argued that Mr. Montez’s driving was also at fault because he had a single beer earlier in the evening. In 2019, Mr. Montez’s lawyer made a $5.5 million dollar settlement demand, which MetLife rejected. The insurer offered $25,000, Mr. Perez’s policy limit.

$8.9M Awarded to Car Crash Victim Following Rare Directed Verdict Win

In the past few years, Ozempic, a prescription drug for the treatment of Type-2 diabetes, has become a household name. As weight loss became a widely known side effect of the drug, Ozempic and other similar medications began to skyrocket in popularity due to its off-label use. Just this year, Ozempic experienced a 111% increase in prescriptions from 2022. Its increase in popularity, however, has not been without scrutiny. There have been reports of adverse gastrointestinal effects from the medication, and recently, a lawsuit was filed against the manufacturers of Ozempic and Mounjaro, another similar drug. With the recent lawsuit looming, and as more reports continue to unfold, it is likely that Ozempic may find itself in defending against mass tort claims.

What is Ozempic?

Ozempic, which is manufactured by Novo Nordisk and known by its generic name, semaglutide, is a weekly injectable drug used to manage blood sugar levels in adults with type-2 diabetes as well as lower risks of heart attack and stroke for diabetics. Ozempic belongs to a class of drugs called glucagon-like peptide-1 receptor agonists (GLP-1 RAs) and lowers blood sugar by helping the pancreas produce more insulin. Ozempic was approved by the U.S. Food and Drug Administration in 2017 for its use in adults with type-2 diabetes. Ozempic is not approved by the FDA for weight loss, although weight loss is a common side effect, as the drug slows digestion and mimics a naturally occurring hormone that tells your brain it is full. As a result, Ozempic surged in popularity as an off-label weight loss drug, with data indicating an increase in users that were not diagnosed with diabetes. Celebrity use and promotion of the drug also catapulted Ozempic into widespread notoriety, which caused a drug shortage for patients who actually rely on it for diabetes.

Mass Torts to Watch: Ozempic and Others Face Lawsuit Over Gastrointestinal Claims

The Settlement

According to the agreement, which was reached through a mediation process, the money will be paid out over the course of 2023 through 2029, with $5 billion in cash and $1 billion in 3M common stock. The agreement includes all lawsuits currently pending in the multidistrict litigation in Florida (3M Products Liability Litigation, MDL No. 2885) and in a coordinated state court action in Minnesota. Per 3M’s announcement, the agreement is not an admission of liability, and the company still maintains that its products “are safe and effective when used properly.” 3M also stated that it is prepared to continue to defend itself if certain agreed upon settlement terms are not met. 3M has the right to terminate the agreement if less than 98% of eligible claimants choose not to take part. However, Chris Seeger, one of the lead lawyers for the plaintiffs, is confident that the threshold will be met. Unlike a class action lawsuit, the plaintiffs in the MDL litigation will each receive a portion of the settlement payout based on their own individualized circumstances and injuries.

Plaintiff attorneys referred to the settlement as an historic agreement, stating that: “We are proud to have obtained this settlement, which ensures that those who suffered hearing damage will receive the justice and compensation they so rightly deserve.”

3M to Pay $6 Billion to Settle Lawsuits Over U.S. Military Earplugs

Tabor Community Partners, a Philadelphia nonprofit, has agreed to pay $11 million in a settlement against allegations that it failed to protect an infant in its care. The adoptive mother filed the lawsuit under the name A.A.E. et al. v. Children's Hospital of Philadelphia et al., case number 220601784, in the Philadelphia County Court of Common Pleas using only initials to protect the child’s identity, and alleges that Tabor Community Partners provided “inadequate in-home safety and case management services” to the baby, and were responsible for providing child welfare services for her through its contract with the Philadelphia Department of Human Services. Tabor Community Partners contracts with the Philadelphia Department of Human Services to provide child welfare services.

The lawyer representing the child’s interests, Shanin Spector, with Kline and Spector stated that the child was beaten and catastrophically injured for life. Spector said, “It's just a terrible tragedy that a child welfare services agency would not undertake to do their responsibilities appropriately.”

The complaint alleges that at the hands of her biological parents, the baby was neglected, repeatedly abused, and beaten to the point of fractured bones, leaving the child with severe brain injuries, and rendering her a quadriplegic for life.

Philadelphia Child Abuse Case Ends in Massive Multi-Million Dollar Settlement

The Facts of the Case

The girl was only nine months old when her father died in a car accident involving a garbage truck in Flatbush. The girl’s father was riding in the passenger seat of a friend’s BMW. The friend, who had been drinking, crashed the BMW into a 40-foot garbage truck on Utica Avenue. The crash killed two passengers, the girl’s father and another passenger in the back seat. The driver survived.

The driver pleaded guilty to aggravated manslaughter after the accident and served a seven-year prison sentence connected to the crash. A judge found, however, that the driver of the garbage truck was also at fault, having made an unsafe turn that contributed to the collision.

NYC Girl Awarded $4 Million Settlement for Crash That Killed Her Father 

Last month, the family of a 21-year-old Yale senior was awarded a $35 million verdict in a wrongful death lawsuit against the City of Milton. The Georgia jury found that the city was responsible for the death of Joshua Chang, who lost his life after crashing his car into an ornamental planter near the road. The planter was found to be installed in violation of city ordinances. Despite no witnesses to the accident, experts for the plaintiffs helped establish what likely caused the crash and the subsequent death of Chang.

What Happened?

According to the lawsuit filed by his parents, Joshua Chang, a native resident of Canton, Georgia, and a student at Yale University, was home for the Thanksgiving holiday on November 16, 2016. After running an errand in Atlanta, he was driving through the City of Milton in the early evening hours. At approximately 7:05 p.m., he texted his mother that he was on his way home. Within twenty minutes, the fatal crash occurred. He was driving down Batesville Road in Milton in the vicinity of an intersection of Taylor Road. An ornamental planter located on the shoulder of Batesville Road, approximately five to six feet away from the road’s edge line, was near the entrance to the driveway of Little River Farms. The planter, approximately seven to eight feet in diameter and one to two feet in height, was constructed from a large commercial or agricultural tire, encased in stone and concrete, and filled with dirt. As Chang drove past the intersection of Taylor Road and approached Little River Farms driveway, he drove through the right shoulder of Batesville Road and collided with the planter. The driver’s side of his car struck the planter, which did not move from the collision. Chang sustained blunt force trauma, including an aortic transection, and died from his injuries.

Georgia Couple Get $35M Win In Suit Over Yale Senior Son's Death

The Georgia Court of Appeals recently upheld a $8.5 million verdict in favor of the estate of Debbie Sain, a pregnant woman whose rare and fatal cancer was not diagnosed during her pregnancy. Sain subsequently passed away about a year after giving birth. Her husband, Jason Sain, filed a lawsuit against his wife’s healthcare providers for medical malpractice and wrongful death. The jury found in favor of the estate and awarded $8.5 million in economic and non-economic damages, but did not award an amount for wrongful death. On appeal, the appellate court rejected the defendants’ argument that the verdict was inconsistent.

What Happened?

Debbie Sain (at the time, age 36) became pregnant in early 2012 and had ultrasounds performed at Preferred Women’s Healthcare LLC on three separate occasions in April. Each ultrasound revealed a mass in Debbie’s right adnexa (the space inside her abdomen and pelvis, between her abdominal wall and uterus, which includes all structures that attach to the uterus). The sonographers documented their findings in Debbie’s medical records.

Doctors Must Pay $8M for Failing to Diagnose Pregnant Woman's Cancer

Comparative Negligence: Jury Found Victim 20% Responsible

Florida has a “pure” comparative negligence law that requires a jury to figure out what percent the parties are each at fault for what happened. A victim’s award will be reduced by the amount they were at fault.

Here, in April 2023 a jury determined that one of the drivers, Sebastian Harknett, was 80% responsible for the crash. Thaddeus Agnew, who suffered a stroke, loss of vision, and impaired cognitive abilities as a result of the accident was 20% negligent according to the jury.

Florida Judge Affirms $7 Million Car Crash Verdict

Warren Jeffs and the FLDS

Warren Jeffs is the leader of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, a breakaway sect that practices polygamy. The FLDS is not affiliated with the Church of Jesus Christ of Latter-Day Saints, commonly known as the Mormon church.

In 2006, Jeffs appeared on the FBI’s Ten Most Wanted List after fleeing charges that he arranged illegal marriages between adult male followers and underage girls. His history with the criminal courts includes charges filed in Arizona in 2007 and a 2007 Utah conviction, later overturned due to flawed jury instructions. In 2011, Jeffs was convicted in Texas of two felony counts of child sexual assault. He is currently serving a life sentence plus 20 years in a Texas prison, yet both Jeffs and his followers still consider him the leader of the FLDS.

FLDS Church Leader Warren Jeffs Owes $152 Million to Sex Abuse Survivors

From 1953 to 1987, those at Camp Lejeune drank, cooked, and washed in contaminated water delivered to base homes and businesses through the water system. Marines, their families, and civilians working on the base were all affected.

Located near Jacksonville, North Carolina, Camp Lejeune is the largest Marine Corps training facility on the East Coast. Its size and resources, including 14 miles of coastline, make it a key training facility - and one used by thousands of servicemembers and civilians over the years.

Now, those exposed to the contaminated water at Camp Lejeune are filing lawsuits to seek compensation. The recently-signed Camp Lejeune Justice Act of 2022 expanded the time available for veterans and civilians to file claims.

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