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Mark York engages in a detailed discussion of the NEC necrotizing case with his guest, Jose Rojas. Together, they thoroughly examine the critical nature of this case, shedding light on the issues related to the lack of effective monitoring within the commerce stream in the United States. The case primarily centers around formula feeding in neonatal care units and its potential link to necrotizing enterocolitis (NEC) in prematurely born infants. They extensively explore the legal journey, the challenges they encountered, and the broader implications for infant healthcare.
Jose Rojas provides insights into how he became involved in the mass tort space, the initial case at Yale Hospital concerning formula-fed infants, and the subsequent medical malpractice and product liability cases filed against Abbott and Mead Johnson. This case marked the first instance in which formula was alleged to cause NEC in prematurely born infants, leading to a nationwide legal battle.
Mark York and Jose Rojas explore the intricacies of overseeing an MDL (Multi-District Litigation) and highlight the distinctions from managing individual cases. They emphasize the crucial role of collaborative leadership and their strong commitment to increasing awareness of the matter while advocating for changes in hospital practices concerning formula feeding in NICUs. Additionally, they shed light on the questionable tactics employed by formula companies and underscore the persistent call for justice on behalf of affected families.
Throughout the episode, the discussion highlights the corporate greed of pharmaceutical companies and their prioritization of profits over safety. They emphasize the role of lawyers in exposing such misconduct and advocating for the rights of the most vulnerable individuals.
Jose emphasizes the justness of their cause, the supporting evidence, and the severe harm inflicted on infants. While recognizing the challenges ahead, they remain committed to sitting at the negotiation table when the time is right.
Jose also notes a shift in focus away from justifying the use of formula, particularly towards defending the use of fortified products. They discuss the uncertainties surrounding the opposition's motivations, acknowledging the need to keep pressing forward and striving for victory.
Switching gears, the conversation shifts to Jose's involvement in the Bard Port MDL, the newest MDL in the country. Jose commends the group's leadership, highlighting the blend of single-event trial lawyers and experienced MDL practitioners. He shares the importance of having a diverse range of legal backgrounds in such leadership roles and the merits of seeing a case through from inception to conclusion.
The Bard Port MDL involves implants made of inferior materials and the serious health risks associated with them. Bard's corporate practices, driven by profit motives, are brought to light. The conversation touches on the significance of holding companies accountable for prioritizing profits over safety.
Mark and Jose also discuss Shades of Mass, a group focusing on diversity and inclusion in mass tort leadership. Jose highlights the resistance faced by newcomers in the legal space, emphasizing the need to break through the existing control structures and showcase the value of diversity, not only in terms of race and ethnicity but also in fresh perspectives and ideas that can enhance the pursuit of justice.
Tune in for a thought-provoking discussion on legal matters, corporate responsibility, and the importance of diverse representation in mass tort leadership. Don't miss this enlightening LegalCast episode.
Listeners are encouraged to contact Jose Rojas via email at jose@lrcr.law for questions or information related to NEC cases.
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