Articles Posted in Featured Lawsuits

Over 1500 women have filed a lawsuit against Teva Pharmaceuticals and other defendants regarding the Paragard IUD.

The plaintiffs in these Paragard lawsuits are alleging that the device fractures during its removal and that the broken pieces inside the body cause serious harm. In many cases, the fracture of the Paragard IUD has required women to get additional surgeries and permanently impaired their fertility.

What is the Paragard IUD?

Paragard is a hormone-free intrauterine device (IUD). It was initially manufactured by CooperCompanies. In 2017, Teva Pharmaceuticals acquired the rights to manufacture and sell the Paragard IUD. The Paragard device is similar to most IUDs. It has a thin copper coil wrapped around soft, flexible plastic.

The Roundup weed killer cancer lawsuits have gathered a lot of recent attention.  A $289 million verdict will do that.

These cases are now pushing along with great steam. U.S. District Judge Vince Chhabria in the Northern District of California is pushing to have MDL cases go before a federal jury by February 2019. Judge Chhabria has been presiding over all federal Roundup lawsuits. Many of these lawsuits allege that Monsanto failed to warn consumers that their Roundup weed killer brand might cause non-Hodgkin lymphoma and other cancers.

  1. Roundup

Out of nowhere, talcum powder ovarian cancer cases became the hottest mass tort case.  What happened and where are we now in these lawsuits?

The Product and the Big Question

For many decades, talcum powder has enjoyed great success as a consumer product. While young mothers often eagerly sprinkle it on their infants during diaper changes to help absorb wetness and prevent diaper rash, other women use the powdery substance as a regular part of their feminine hygiene practices. Also, both male and female.

ovarian cancer talcum powder

Juries have not been impressed with Johnson & Johnson’s Arguments

athletes routinely use talcum powder products to try to lower their chances of developing athlete’s foot and other fungal infections.

Only limited complaints have been lodged for many years about the possibility that talcum powder could cause ovarian cancer. However, many women are now challenging their earlier beliefs about this product’s safety. In fact, the first successful lawsuit against talcum powder product giant Johnson & Johnson has now been filed and won. Continue reading

avelox neuropathy

Avelox  can cause peripheral neuropathy within days of use.   This condition is a type of nerve damage.  It is extremely serious.  It can cause muscle weakness, numbness and pain that can potentially last a lifetime.   We are rapidly learning more about the connection between Avelox and neuropathy and it is leading to lawsuits.  If you believe you have a potential claim, call us at 800-553-8082 or get for a free online consultation.

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testosterone drug risksFor months, we have been talking about the increasing concerns over testosterone replacement therapy and the accompanying potential side effects, a topic that was buried under a rug for years because no one ever told us about the risks.   In light of all the recent concerns, the FDA has now stepped in and asked two of its advisory committees to evaluate the potential health risks.  

A joint meeting of the FDA’s Bone, Reproductive and Urologic Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee has been scheduled for mid-September.  The hearing, announced just days after the Canadian drug regulators announced that they had completed their own review (the FDA always seems to be a step behind), found strong links between testosterone drugs and heart problems.  It was determined that some of the cardiovascular problems disappeared after the use of the testosterone drugs was stopped, only to return once the product was used again.  Sometimes science can be real complicated.  But our intuition on this holds scientific water: if you stop taking something, your problem goes away. But if it reappears when you use it again, there is likely to be a connection.

The FDA launched its investigation in January after several studies suggested that men using the Low T treatments may face an increased risk of heart attacks, strokes, and sudden death.  The FDA is looking for committees to evaluate the risks and make recommendations about the potential cardiovascular risks with the use of the popular “Low T” drugs.  

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All product liability lawsuits involving injuries associated with the use of any testosterone replacement therapy (TRT) will now be centralized in the Northern District of Illinois before Judge Matthew F. Kennelly.

A panel of federal judges has ordered the lawsuits to be centralized as part of an MDL, or multidistrict litigation, in order to reduce the risk of duplicative discovery, avoid conflicting rulings from different judges, and to serve the convenience of parties, witnesses and the courts. The ruling currently affects approximately 45 lawsuits, however, any future cases filed will be transferred to the MDL. Plaintiffs are suggesting that the total number of cases will be in the thousands.  So many people have taken this stuff and suffered and injury or died and they (or their survivors) don’t even know that this may have been the cause of the injury/death.

Is it a class action?  For all practical purposes, it is a class action for discovery and, hopefully, settlement.  The cases are consolidated as the plaintiffs’  attorneys get information that can be applied to all cases.  At this point, both parties should understand the strengths and weaknesses of the case and be able to make a reasonable settlement offer.

bard avaulta mesh settlement

Another vaginal mesh settlement

The last case in a series of Bard Avaulta Mesh bellwether trials has settled just weeks before it was scheduled to go to trial.

Anyone paying attention could see this coming.  C. R. Bard does not want to take another verdict in these cases.   Why not just work harder to settle them all?   Well, that is a question I don’t have an answer to… it just makes no sense. It will happen soon.  But I think Bard’s defense counsel will make a lot more money first.

While details of the settlement have not been disclosed, it brings an end to the three cases chosen for early trial dates in attempts to assist the parties gauge how juries might respond to evidence and testimony that will more than likely be repeated through the litigation of these cases.

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testosterone multidistrict litigationUpdate: there is an MDL.

Federal lawsuits filed by or on behalf of men who allegedly suffered a heart attack, stroke, blood clot, or other injury caused by side effects of low testosterone drugs have prompted the need for centralization of the cases.  But, with more than 74 product liability lawsuits filed in the federal court system against Testosterone drug makers, not quite everyone is on board for the creation of an MDL (multidistrict litigation).

Last month, a Plaintiff filed a motion seeking to centralize all federal AndroGel lawsuits before one judge for coordinated handling during pretrial proceedings.  Most of the cases filed involve Androgel, which accounts for approximately 60% of the testosterone replacement therapy market, though other claims have been filed against AndroDerm, Testim, Axiron, Foresta, and Depo-Testosterione.  Subsequent to the filing of the motion to centralize AndroGel cases, a second motion was filed by a group of plaintiffs, seeking to consolidate all federally filed testosterone drug lawsuits.  In response, Auxilium Pharmaceuticals, Inc., maker of Testim and Testopel, opposed the request indicating that it is only named in seven of the cases, and therefore an MDL is not warranted.

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morcellator cancer lawsuit

Doctors are being discouraged from using morcellators

The FDA last week for the first time discouraged doctors from using morcellators when performing hysterectomies.  The FDA also said morcellators should be avoided when removing uterine fibroids. The concern is that if there is cancerous tissue in the abdomen, it will hurt a patient’s chance of recovering from the cancer.  In some cases, surgeons can be stirring up cancer that neither the doctor or the patient even knows exists.   How real of a concern is that? The FDA says that 1 in 350 women who are undergoing a hysterectomy or myomectomy for fibroids have a uterine sarcoma, an unsuspected type of uterine cancer that can be deadly.

What is a morcellator?

A morcellator is a surgical device that is used to divide and remove tissue masses during laparoscopic surgery.  In a hysterectomy, the device divides the uterus.   It is also frequently used to dissect uterine fibroids during myomectomies/fibroidectomies.

This surgical device cuts the tissue mass into pieces.  The surgeon then pulls out the pieces through extremely small incisions.   There is no question there is an upside to this technique.  It is minimally invasive surgery which means no big scars, shorter recovery time, and less of the other risks that come with surgery.

So the FDA’s announcement is a major development.   Morcellators are being used in massive numbers.  It is used in tens of thousands of hysterectomies each year.

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lower testosterone drug heart risksRecently, we told you that there is a lot of research suggesting that testosterone treatments for men can cause an increased risk of heart attacks and strokes, leading to serious injury and death.  European drug regulators have jumped on board and have now launched their own investigation into the heart risks associated with low testosterone drugs.

Unfortunately, many men lose the ability to produce testosterone as they age, and their testosterone levels decrease. Testosterone plays a key role in the development of male reproductive tissues, as well as promotes secondary sexual characteristics such as increased muscle, bone mass, and the growth of body hair.

Without adequate testosterone, a man may lose his sex drive, experience erectile dysfunction, feel depressed, and have difficulty concentrating.  In steps treatment for low testosterone.  Unfortunately, with this treatment, in steps the risk for problems.

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