By: Andrew S. Wainwright, Esq.
Published on October 18, 2017
After working for two incredible trial results in two weeks for our clients, Thornton Law Firm would like to recognize the hard work and dedication of the asbestos trial team members:
Sandi Goodwin and Lee McKenney worked tirelessly to support Andy Wainwright and Andrea Landry, and the Waters & Kraus lawyers, staying late and performing beautifully under great pressure for weeks.
Dodie Rodrigues, Kymm Smith, Joyce Murphy, Diane Mazin, Janine LoVuolo and Malissa Riehl all volunteered time, effort, and experience staying late each night to work with the trial team on weekends and after hours (even in scorching temperatures when the air conditioning was out!).
Chris Corradetti, Joe Souza, Denise Whitlock, Christine Ringger, and Kerry Brennan all provided top-notch paralegal support putting the cases together, performing investigatory work, and working with exhibits and other trial issues.
Leah McMorris, Brian Freer, and Leslie-Anne Taylor drafted countless winning bench memoranda and other research projects, motions in limine, jury instructions, and were there with all-around workhorse trial support 24/7.
Bill Warren and Nolando Brice provided seamless technical support and logistics.
We will never forget why we do the work we do for families like the Rosses and Sylvestres. But we must also remember that without the support of truly great team members like you, none of it would be possible. On behalf of the Rosses, the Sylvestres, and all of our other asbestos clients: Thank you. Thank you. Thank you.
Call 888-491-9726 for a free consultation with Thornton Law Firm, a recognized leader in mesothelioma and asbestos litigation. You can also contact us online to discuss the details of your case.
Call 888-632-0108 for a free consultation with a recognized leader in mesothelioma and asbestos litigation. You can also contact us online to discuss the details of your case.
By: David J. McMorris, Esq.
Published on September 22, 2017
$7.55 Million Awarded to Victim in Case Against Insulation Company
A Superior Court jury in Boston returned a verdict of $7.55 million dollars against New England Insulation, a Canton company who distributed and installed asbestos insulation material until the early 1970’s. Gerald Sylvestre, a former worker in the Public Service of New Hampshire Merrimack Power Station in Bow NH, developed pleural mesothelioma, an asbestos-caused cancer, in 2015 and is currently undergoing treatment.
“No one should have to go through this illness, and I particularly hate the suffering it has caused my family, especially because it could have been prevented,” said Sylvestre. “My wife and I were very happy with the verdict, but what meant the most was that we got to tell our story and the jury heard it and responded as they did.”
“The jury recognized the devastation this disease creates for families of workers exposed to hazardous materials,” said Sylvestre’s attorney, Andrew Wainwright of Boston’s Thornton Law Firm, “Had New England Insulation shared the knowledge they had of the dangers of asbestos with men working near them and with their products, this all could have been avoided.”
Today’s verdict is the largest award to date in New England, and was the result of a team effort between the Thornton Law Firm and Waters and Kraus, a nationally recognized asbestos trial firm.
“We are grateful for the jury’s verdict fully compensating the Sylvestres for their losses,” said Andrea Marino Landry, Thornton Law Firm’s trial co-counsel. “Gerald Sylvestre and other workers have suffered greatly from New England Insulation’s failure to share with them its knowledge of the dangers of asbestos exposure, which could have prevented this family’s pain and heartbreak.”
Thornton Law Firm was founded in 1978 by Michael Thornton doing groundbreaking work for victims of mesothelioma and other asbestos-related diseases. Now the leading injury law firm in Massachusetts and the largest plaintiff law firm in New England, the firm has an experienced team of attorneys representing thousands of clients in a wide variety of plaintiff-side work. The firm has represented asbestos victims in New England for over 40 years and this commitment led Thornton Law Firm to aid in the creation of the Thornton House, which provides housing for mesothelioma and asbestos disease patients and families.
If you have been diagnosed with mesothelioma or another asbestos-related disease, call Attorney Andrew Wainwright at 888-632-0108 for a free case evaluation, or tell us your story here. All legal claims have short, strictly enforced time deadlines, so contact us immediately if you need legal advice.
Boston Scientific won a defense verdict in the first transvaginal mesh (TVM) case to go to trial in Middlesex Superior Court. The jury ruled that plaintiff Diane Albright had not proved that her Pinnacle vaginal mesh device was defectively designed, or that it lacked adequate warnings. While Boston Scientific won this round, we believe that there are four reasons to believe that TVM cases going forward will be won by the plaintiffs.
1. This plaintiff never had her mesh implant removed.
She hadn’t undergone revision surgery – the device was not removed from her body despite the pain it had caused her since implantation in 2010. One of the plaintiff’s attorneys, Jonathon D. Orent, commented “Ms. Albright’s doctors ultimately concluded that it would be more dangerous for her to have surgery to try and remove the mesh. I think the jury had difficulty in identifying with her injuries because of her doctors’ decision not to pursue aggressive surgery.”
2. This case was tried using Ohio law.
Because Ms. Albright lived in Ohio and had the Pinnacle mesh device surgically implanted in the state of Ohio, Ohio law controlled the result. The Ohio Product Liability Act, passed in 2005, requires a different, more difficult burden of proof than would be required under common law, and limits the theories under which a plaintiff can pursue a claim against a product manufacturer.
3. This plaintiff didn’t argue polyproplyene isn’t fit for human implantation
The plaintiff’s attorneys argued that the Pinnacle transvaginal mesh device was defective because it contained too much polypropylene, not that the polypropylene shouldn’t have been used at all. The plaintiffs’ lawyer’s decision to argue the case this way was likely because the plaintiff could not have the device removed. Despite the fact that the decision not to remove the device was based on the advice of her doctors, jurors may have concluded that if it shouldn’t have been used at all, wouldn’t she have had it removed?
4. This was a case the defense picked.
Finally, this case was selected as a bellwether trial by Boston Scientific precisely because they believed it was a weak case that they could win. Other bellwether trials of cases selected by plaintiffs’ counsel will likely lead to very different outcomes.
Thornton Law Firm’s Drug and Medical Device lawyers represent women in transvaginal mesh claims against Boston Scientific Corp., as well as Caldera, C.R. Bard, Inc., Ethicon (subsidiary of Johnson & Johnson) and Sofradim/Covidien. If you have a transvaginal mesh implant and have suffered complications including pain, mesh erosion, mesh contraction, additional surgeries, urinary problems, severe pelvic pain, infection, bleeding, vaginal tightening or shortening, painful sexual intercourse, inability to engage in sexual intercourse, or organ perforation, and would like a free, confidential evaluation of your legal claim, please tell us your story here or call us at our toll free number 888-341-1405.
Marilyn T. McGoldrick, Esq.
Posted on April 9, 2013
After the first Fosamax fractured femur trial ended in mistrial because of the plaintiff’s unrelated illness, a 58-year old New York woman is bringing Merck to court over a broken femur suffered after she bent to pick something up in her driveway. First approved for sale in U.S. in 1995, Merck sold billions of dollars’ worth of Fosamax annually until 2008 when its patent protection ended. Intended as a treatment for osteoporosis – a disease that decreases bone density – Fosamax may have the opposite of the intended effect on bones, making them more brittle and prone to fracture. A 2010 report in the Journal of Bone and Mineral Research showed that approximately 290 of 310 patients with an atypical femur fracture had also been taking a Fosamax-type drug.
There are now more than 3000 Fosamax femur fracture lawsuits pending against New Jersey-based Merck. In addition, more than 1000 lawsuits allege that Fosamax caused injuries to those users’ jaws. It is estimated that Fosamax can be present in the body for up to 10 years after it is taken.
If you have questions about a fracture that may be related to your use of Fosamax, call Thornton Law Firm at 888-341-1405 to speak with an experienced Fosamax attorney. Thornton Law Firm has represented thousands of individuals in actions related to their use of defective pharmaceuticals or medical devices.