Legal news affects our everyday lives, whether we notice it or not. Here’s a summary of a few of this month’s major cases.
New Jersey Nursing Home Where 78 Died of Coronavirus Facing Two Lawsuits
A nursing home in Sussex County, New Jersey, where 78 people have died is facing a second lawsuit. The families of two residents who died of COVID-19 have accused Andover Subacute and Rehabilitation Center of negligence, wrongful death, and Louisville medical malpractice. In a brief filed in U.S. District Court in Newark, the nursing home claimed both patients’ conditions led to their deaths, not any failure by the facility to properly handle the pandemic.
San Antonio Nursing Facility Hit with Lawsuit After Resident’s COVID-19 Death
The coronavirus death of a resident at San Antonio’s Southeast Nursing and Rehabilitation Center has sparked a lawsuit against the facility. The male resident was diagnosed with COVID-19 on March 26 and died three weeks later. His two adult children have filed a lawsuit against the facility alleging wrongful death. Up to an hour before their father’s death, the plaintiffs were assured their father was “doing fine and showed no symptoms of the disease,” states their lawsuit.
3M Files Trademark Violation Claims Against Amazon Retailers Selling Fake N-95 Masks
At the beginning of the month 3M Company (“3M”) filed trademark counterfeiting claims against Amazon sellers KM Brothers Inc., KMJ Trading Inc., Supreme Sunshine, Inc. and Mao Yu in federal court in the Central District of California Western Division. The suit alleges that the defendants took advantage of the COVID-19 global pandemic and consumers’ need for personal protection equipment (“PPE”) by selling counterfeit 3M branded N-95 masks.
Generic Drug Makers Guilty of Price Fixing, Says Attorney Generals
Over 50 attorney generals across the country have filed a lawsuit over alleged price fixing of generic dermatological drugs. The lawsuit, filed by New York Attorney General Letitia James and 51 others, alleges that the manufacturers are artificially inflating prices and conspiring to reduce competition. Three defendants listed in the lawsuit, Taro, Perrigo, and Fougera, are specifically accused of working together to minimize competition and drive up prices for topical dermatological drugs. Drug makers Teva, Mylan, Actavis, G&W and Glenmark are also accused of price fixing in the complaint.
Bird Scooters Sued Over Rider Injuries
Scooter company Bird is facing a lawsuit alleging it “deploys poorly manufactured and maintained devices,” which cause injuries to riders. The complaint states that over two dozen Bird riders and chargers have suffered severe injuries resulting from defective Bird brakes, wheels, throttles and handlebars. Xiaomi and Segway are also accused in the lawsuit of manufacturing defective scooters. “Nationwide, people have suffered serious injuries, required emergency room care, expensive surgeries and ongoing therapy because this ‘gig economy’ company has been ignoring its customers’ safety while it rakes in profits,” said attorney Mike Arias in a press release.
Graco Seeks Dismissal of Lawsuit Over Recalled Infant Sleeper
Graco is denying claims in a lawsuit over the recall of a baby sleeper known to cause deaths of infants. The company filed a motion to dismiss a class action lawsuit filed by a mother who purchased one of the sleepers in 2018. In filing for the dismissal, Graco stated that the recall does not prove the company engaged in any fraudulent activity and that the plaintiff fails to show she has standing to bring suit, as she did not claim injury to her child.
Our attorneys at McCoy, Hiestand & Smith strive to keep our community informed so check back with us monthly for a Legal News Update!
