New York, NY Medical Malpractice Blog

On application made pursuant to Rule 4:38A and the Mass Tort Guidelines

promulgated by Directive # 07-09 in accordance with that Rule, it is hereby ORDERED

that all pending and future New Jersey state court actions arising out of the use of the

oral contraceptives Yaz, Yasmin and Ocella are designated as a mass tort for

centralized case management purposes; and

It is FURTHER ORDERED that any and all such complaints that have been filed

in the various counties and that are under or are awaiting case management and/or

discovery shall be transferred from the county of venue to Superior Court, Law Division,

Bergen County and assigned to Judge Brian R. Martinotti, and that, pursuant to N.J.

Const. (1947), Art. VI, sec. 2, par. 3, the provisions of Rule 4:3-2 governing venue in the

Superior Court are supplemented and relaxed so that all future such complaints, no

matter where they might be venued, shall be filed in Bergen County and assigned to

Judge Martinotti; and

It is FUTHER ORDERED that Judge Martinotti shall oversee all management

and trial issues for such cases and may, in his discretion, return such cases to the

original county of venue for disposition; and

It is FURTHER ORDERED that no Mediator or Master may be appointed in this

litigation without the express prior approval of the Chief Justice.

For the Court,

/s/ Stuart Rabner

Chief Justice

Dated: February 9, 2010

We are seeing another recall of a life saving medical device. This is just another in a long list of recent recalls.

AED manufacturer issues product recall, software update Cardiac Science Corp. on Feb. 3 announced a voluntary recall after determining approximately 12,200 of its automated external defibrillators may not deliver an electric shock during resuscitation attempts.

A company press release said Cardiac Science found the problem through its internal quality systems and has not received any complaints. The affected AEDs were manufactured or serviced between Oct. 19, 2009, and Jan. 15, 2010, and include the following models:

*    Powerheart 9300A, 9300E, 9300P, 9390A, 9390E
*    CardioVive 92532
*    CardioLife 9200G and 9231

According to a press release, AEDs manufactured between August 2003 and August 2009 may have resistors that fail and go undetected by periodic self-tests, which could render the AED unable to deliver a shock during a rescue attempt.

The affected models are:
*    Powerheart 9300A, 9300C, 9300D, 9300E, 9300P, 9390A, 9390E
*    CardioVive 92531, 92532, 92533

If you or someone in your family has been injured due to medical malpractice, defective pharmaceuticals or other forms of negligence, you may find it helpful to keep up-to-date on relevant legal issues. Court decisions, jury verdicts and legal changes may affect you personally.

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