The string of retractions of published peer-reviewed medical and scientific articles due concerns about fraud or suspected fraud continues. This week a major publisher of scientific and medical articles has confirmed that it is retracting 64 articles from 10 of its subscription journals based on concerns that the peer review process was “compromised.”

The publisher, Springer, issued this statement:
Continue Reading More Publications Retracted Due to Suspected Fraud

Despite how it might seem from the deluge of television advertisements the diagnosis of mesothelioma is very rare, and extremely difficult.   As discussed in a prior post, the diagnostic process can be fraught with complications depending on the type and amount of material available for evaluation. One of the most common problems is distinguishing an epithelial malignant mesothelioma from a primary lung carcinoma. That difficultly is multiplied when the tumor is poorly differentiated or when the biopsy specimens are small.
Continue Reading Update on Diagnosing Malignant Mesothelioma

New York’s Appellate Division, First Department, issued its decision yesterday on the New York City Asbestos Litigation (NYCAL) punitive damages/Case Management Order (CMO) issue. While the Appellate Court held that Judge Heitler had the authority to modify the CMO to lift the deferral on punitive damages, it also found that she exceeded that authority to the extent that the order directs applications for a jury charge on punitive damages to be made at the conclusion of the evidentiary phase of trial. As a result, the long-term viability of punitive damages in NYCAL cases is back in question.
Continue Reading NYCAL Punitive Damages in Limbo

Earlier this week, the Seventh Circuit issued a ruling in Lu Junhong v. Boeing Co. that defendants can remove cases to federal court under admiralty jurisdiction alone. The ruling may very well change the dynamics of mass tort filings in so-called “magnet jurisdictions” like Madison County and Cook County.

Junhong involved a group of Cook County cases from Asiana Airlines Flight 214. Two years ago, that Boeing 777 crashed into the seawall at San Francisco International Airport. The plane’s tail broke off, 49 persons suffered serious injuries, and three of the passengers died (the other 255 passengers and crew aboard suffered only minor or no injuries). Passengers sued Boeing in Illinois state court, alleging the plane’s systems were defective and contributed to the pilots’ errors. Boeing then removed the lawsuits to federal court, asserting two sources of jurisdiction: federal officer under § 1442 and general admiralty under § 1333.
Continue Reading Potential Game Changer: Admiralty Jurisdiction Serves As A Basis For Removal

“Law lags science; it does not lead it.” Our legal system requires proof, and in many cases, only scientific evidence can provide it. With controversies swirling around about fraud and misconduct in scientific publications, how do product liability lawyers distinguish between credible scientific evidence and science that is, as Justice Scalia would say, “junky”?  Here are three ways to spot junk science before it trashes your case:
Continue Reading Three Ways to Spot Junk Science

In its June 30, 2015 opinion, Landra v. New Dominion, LLC, the Oklahoma Supreme Court held that a personal injury tort action alleging that fracking-related activity caused an earthquake that then caused the plaintiff’s injuries can proceed in an Oklahoma district court. The Oklahoma Supreme Court made no factual or legal findings with respect to the merits of the claims of causation, it simply held that the district court has jurisdiction to hear the suit based on the allegations made.

The Landra plaintiff is a resident of Prague, Oklahoma, and her lawsuit seeks compensatory and punitive damages for injuries allegedly proximately caused by the defendants wastewater disposal practices. The plaintiff claims that in November 2011 she was watching television in her living room when a 5.0 magnitude earthquake struck causing rock facing on the two-story fireplace and chimney to fall onto her causing injury to her knees and legs. She claims personal injury damages in excess of $75,000.
Continue Reading Fracking-Related Personal Injury Tort Claim Allowed to Proceed in Oklahoma Court

Warning: That scientific article you just read may be completely bogus. Scientific articles can be retracted for numerous reasons – errors in data, errors in calculation, plagiarism, duplication of publication, and fraud or suspected fraud. An unmistakable trend in the increase of retractions due to one of those categories has emerged, and it is disturbing. A 2012 Proceedings of the National Academy of Sciences (PNAS) article, “Misconduct accounts for the majority of retracted scientific publications,” found that the percentage of scientific articles retracted because of fraud has increased dramatically in the last 40 years.  
Continue Reading Scientific Articles and The Retraction Epidemic

Noting that the result is preliminary and must be evaluated in clinical trials, Australian researchers working with the Asbestos Disease Research Institute published a case report announcing significant improvement for a pleural mesothelioma patient treated with microRNA therapy.  The results were reported in the American Journal of Respiratory and Critical Care Medicine.
Continue Reading MicroRNA Therapy Delivers Positive Result in Early Mesothelioma Treatment Test

On Tuesday June 9th, the American Medical Association (AMA) adopted a concussion policy for youth sports programs. The policy comes amid growing concerns surrounding head trauma both in sports at the professional and amateur levels. The Physicians News Digest reports that emergency room visits for sports-related concussions have increased more than 60 percent over the last ten years, and more than 90 percent of repeat injuries happen within 10 days of the initial incident. Up to 3.8 million sports-related traumatic brain injuries, including concussions, occur annually in the United States according to the U.S. Centers for Disease Control and Prevention.
Continue Reading Heads-Up Play: AMA Adopts Concussion Policy for Youth Sports

In April 2015, Blue Bell Creameries announced a full, nationwide recall of all its products.  It didn’t take long for a lawsuit to be filed.

On Tuesday, the first lawsuit seeking to hold Blue Bell liable for illness caused by listeria-contaminated ice cream was filed in the United States District Court, Western District of Texas. Plaintiff David Philip Shockley seeks unspecified damages in a negligence lawsuit. Shockley says that while living in Houston, Texas, in October 2013, he was hospitalized for respiratory failure and septic shock. Doctors diagnosed him with listeria meningitis with encephalitis and Shockley suffered brain damage. Shockley alleges he regularly ate single serving Blue Bell ice cream, provided by his employer.  In 2013, Mr. Shockley was 31 years old and was employed as a director and administrator at a nursing home/retirement community.
Continue Reading UPDATE: Ice Cream Recall Begets First Lawsuit