Liever Hyman Potter
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WE FIGHT
TO WIN

The attorneys of Liever Hyman Potter

AUTO ACCIDENT ATTORNEYS, PERSONAL INJURY & MALPRACTICE LAWYERS

Since our founding in 1959, we have won thousands of awards and settlements for victims and their families, including million-$ and multi-million-$ settlements.

E-MAIL    |    TEL    610 370 6682    /    570 794 5017    

Our litigation team obtained a settlement with
a lifetime payout of over $12,750,000 for a middle
aged woman who was diagnosed with a brain
arteriovenous malformation.   read more

A $1,280,000 settlement has been reached in
favor of a retired man seriously injured in an
auto accident at a city intersection.   read more

The insurer for the driver of a truck that swerved to
avoid rear-ending a school bus and collided with
another vehicle has paid 1.2 million for the serious
injuries suffered by the other driver.   read more

A daycare center accident that blinded one eye
of a 22-month old child and that “could have and
should have been prevented,” has been settled...
read more

A woman who was seriously injured when her
vehicle was struck by a drunken driver has won
a settlement of 2.5 million.   read more

Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Medical Malpractice; Nursing Home Abuse & Neglect; Auto/Truck/Motorcycle Accidents; Personal Injury; Workers' Compensation; Products Liability
Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Workers' Compensation; Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Products Liability
Workers' Compensation; Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Products Liability
Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability

Class-action status denied in Vioxx suit and in suit against Wal-Mart, group of pet food makers

March 18, 2009 by admin

American Association for Justice
News Brief

The AP (3/18, Johnson) reports that “a New Jersey judge has rejected efforts by consumers who took the painkiller Vioxx [rofecoxib] to be able to sue as a group to recover their out-of-pocket costs,” according to Merck & Co.

Bloomberg News (3/18, Voreacos, Feeley) reports that “lawyers sought to recoup the cost of the drug for all consumers outside California who bought Vioxx from June 1999, when it went on the market, to October 2004, when Merck withdrew it over safety concerns. Consumers also sought punitive damages.” Superior Court Judge Carol Higbee said that “consumers who sued didn’t meet the legal requirements for such a group claim under the New Jersey Consumer Fraud Act.” Judge Higbee said that “‘problems with individualized issues of proof would be unmanageable,’ such as how much each consumer paid for the drug and everyone’s reason for taking it.” According to Higbee, “This decision may indeed be a death knell to the claims of most individual consumers. However, the court cannot find that a class action is a superior form of resolution, either.”

The Recorder (3/18, Hill) reports, “San Francisco lawyers rescued Wal-Mart and a group of pet food manufacturers on Monday from a class action that could have led to millions of dollars in damages.” Evan Nadel, who was one of the lawyers representing Wal-Mart said, “My first impression was I really thought that was a huge stretch for them to get class treatment of a fraud claim.” The Recorder adds, “Typically, plaintiffs try to certify a class only after getting a chance to discover more facts about a case.” However, “courts allow defendants to deny certification early on if the law simply wouldn’t support it.”


SERVING VICTIMS OF:
MOTOR VEHICLE INJURY
CAR ACCIDENTS
TRUCK ACCIDENTS
MOTORCYCLE ACCIDENTS
DRUNK DRIVERS
SLIP AND FALLS
WORKERS' COMPENSATION
OCCUPATIONAL DISEASE
UNSAFE PRODUCTS/CONDITIONS
WORK INJURIES
WRONGFUL DEATH
INADEQUATE WORKERS COMP.
MEDICAL MALPRACTICE
DOCTOR/HOSPITAL ERRORS
SURGERY ERRORS
OPERATING ROOM MISTAKES
PREGNANCY & BIRTH INJURIES
MISDIAGNOSIS
FAILURE TO DIAGNOSE
PRESCRIPTION ERRORS
FAILURE TO DIAGNOSE CANCER
NURSING HOME NEGLECT
NURSING HOME ABUSE
BED SORES