How 'bout that new law suit ladies

And dedicated white courtesy phone for after hours (unofficial matters only).

 

Which one? Masimo has two outstanding lawsuits with Mindray: Patent case #8:2012cv02206 which is under protective order as of last month (Mar 17, 2014) was filed last December. Cormac Carney is the presiding judge in that case; and Contract case #2:2014cv00405 was filed last month. Susan Wigenton is the presiding judge in that one.

 

Anyone know why the protective order on Masimo/Mindray case Carney is presiding was filed on 3/17/14? Is that confidential, or will we ever know the verdict at least?

Case Number: 8:2012cv02206
Filed: December 21, 2012
Court: California Central District Court
Presiding Judge: Cormac J. Carney

http://dockets.justia.com/docket/california/cacdce/8:2012cv02206/550743

http://docs.justia.com/cases/federal/district-courts/california/cacdce/8:2012cv02206/550743/124/0.pdf

 

Justice Cormac Carney presiding judge in three separate Masimo lawsuits. The first two cases below were controversially dismissed by Justice Carney, both spontaneously reappearing in US Court of appeals, 9th circuit to be retried.

1) USA, ex rel, et al v. Masimo Corporation
Case #13-56789
http://dockets.justia.com/docket/circuit-courts/ca9/13-56789
Status: Dismissed on summary judgement by Justice Cormac Carney. Case being retried by 9th circuit court of appeals.

2) Michael Ruhe, et al v. Masimo Corporation
Case #14-55556
Status: $5.4 million awarded by Justice Richard Neil after complete trial, then suspiciously vacated by Justice Cormac Carney on grounds of assumed conflict of interest. Case to be retried by US Court of Appeals, 9th Circuit.

3) Masimo Corporation v. Mindray DS USA Inc et al
Case #8:2012cv02206
dockets.justia.com/docket/california/cacdce/8:2012cv02206/550743
Status: Protective order issued 3/17/14. California central district court.

 

Can we go back to putting scholars on the bench please? John Doe here was a psych major/football player w/ 3.51 graduating GPA. Shut out by the NFL he eked out one season on USFL team I never heard of...Memphis Showboats. Yeah he'll do, give him a robe and gavel.

 

Give him a break he ran 100 receptions & 2,000 yards for ucla. Took Michigan down in '83 Rose Bowl. With numbers like that how bad a judge could he be.

 

Mindray will lose this case whether they deserve to or not. They've been dealt from a stacked deck and probably don't know it.

 

Mindray isn't that stupid. Anyone standing up to Masimo knows they're facing a stacked deck. They've been hit with two lawsuits since December by their own business partner! You don't think Mindray knows who they're dealing with?

 

You know what they say: "When you think you smell poop...it usually turns out to be poop."
And guess what America... I think I smell poop.

 

We can smell it from Canada

 

Here's what they mean by quagmire

 

In a galaxy far far away... is the island-planet of masimo. Things are a tad backasswards there. All the cost savings enjoyed briefly by disregarding regulations and safety measures are later reinvested in lawyers and image repair. The inhabitants of the island-planet seem to prefer it that way, celebrating the downward spiral like a ride at Disneyland.

 

not all bad here.. ample parking in the employee lot is always a plus.
I've had jobs with no parking and that is the worst

 

Those smell fresh as a daisy compared to this lawsuit Masimo is fighting in Alabama:
http://www.circare.org/lex/13cv00733_10_20130621.pdf
Masimo is accused of being at fault in numerous unnecessary infant deaths that resulted in from an improper clinical study. Other infants in the study suffered blindness and permanent neurological damage. Now who smells poop I ask you.

 

Masimo has some explaining to do.
(Motion filed January 22, 2014)
http://www.gpo.gov/fdsys/pkg/USCOURTS-alnd-2_13-cv-00733/pdf/USCOURTS-alnd-2_13-cv-00733-0.pdf

"Count Five alleges products liability under the Alabama Extended Manufacturer’s Liability Doctrine against Defendant Masimo only. Plaintiffs claim that the oximeter had a manufacturing defect because Masimo deviated from the FDA-approved design and rigged the oximeters so that (1) they would not display the actual oxygen saturation level in an infant’s bloodstream (which had the effect of preventing physicians from knowing whether an infant was receiving appropriate oxygen); and (2) their alarms (which existed to prevent harm to the infants by alerting physicians to the fact that too much or too little oxygen was being received) would not be triggered.

(Doc. 10, at ¶ 109). According to the complaint, a safer, practical, alternative design was available in the original, FDA-approved design, and Masimo’s actions were willful, wanton, and reckless, justifying the imposition of punitive damages. Count VI alleges negligence against only Defendant Masimo. Specifically, Plaintiffs claim that “Masimo had a duty to the Plaintiffs to manufacture the oximeters in accordance with the FDA-approved design, and otherwise had a duty to the Plaintiffs to follow the FDA’s requirements and act reasonably.” (Doc. 10, at ¶ 123). Because Masimo breached this duty, the Plaintiffs suffered harm.

Finally, Count VII alleges wrongful death under Alabama law against all Defendants, claiming that as a result of the Defendants’ conduct, Infant Banks and others similarly situated died.

 

Attorneys for defendant Masimo et al filed a motion for Protective Order on Mar 13, 2014 to avoid public exposure of the grim evidence produced during discovery. Unfortunately, Justice Bowdre granted the Protective order three days later. On Mar 24, 2014, Plaintiffs filed a Motion to Partially Vacate the Protective Order, which of course Masimo et al quickly opposed. In the end Justice Bowdre sided with Masimo on the issue, denying the plaintiff's motion to vacate the protective order (Apr 7, 2014).

http://docs.justia.com/cases/federal/district-courts/alabama/alndce/2:2013cv00733/147528/44/0.pdf

Any wonder why Masimo fought to keep the evidence in this case out of the public eye? After all, there were infant deaths and permanent neurological problems/blindness associated with Masimo's reported clinical study design and pt monitoring equipment used.

 

If Masimo loses, sure hope Justice Bowdre doesn't have any lawyers in her family. Or we can expect Masimo to have the verdict vacated faster than you can say affirmative defense abuse.

 

The FDA is passive to the point of negligent and slow to respond. Let's just say they're damn near unconscious. However......that's not to say consistent disregard for their regulations won't eventually catch up to those messiah-minded enough to try. Masimo is now being scoped for their alleged deviation from the FDA-approved design, a.k.a. "off-label" use of their holy grail Radical 7 device. If they are found guilty and held responsible for the resulting wrongful infant deaths (and other grisly patient catastrophes) as charged... I'm thinking the Wolf of Wall St. sequel has just been written.

 

"University of Alabama Study caused infant deaths, Suit Claims"
http://www.law360.com/m/articles/434006/univ-of-ala-study-caused-infant-deaths-suit-claims

two basic questions:
Who was responsible for configuring the Radical-7 instruments used in this study (or for training those who did)?
And who was aware in advance of the infant fatalities that spo2 measurements were not to be displayed on the instruments, effectively disarming the alarms that could have alerted doctors sooner and avoided lethal complications?

 

No offense but joker's legal magicians will eat you and your logic like a jujyfruit.