Articles Posted in Featured Lawsuits

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 used 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

nexium kidney problemsPatients who experience acid indigestion, heartburn or other stomach ailments often seek relief from their symptoms by taking one or more drugs like Nexium.  Many patients have gotten great relief from heartburn and related symptoms, which experience little if any side effects.

Those are the happy ending stories. But new research studies indicate that serious Nexium side effects (including kidney disease) can develop when prescribed or OTC (over-the-counter) heartburn medications are taken in higher doses — or for extended time periods.

Back in the 1980s when drugs like Nexium, Prilosec, and Prevacid were first marketed in the United States, many physicians believed they could benefit their patients because the risk of using the was outweighed by the benefits.  Growing scientific literature, including new studies published in 2016 in JAMA Internal Medicine and the Journal of the American Society of Nephrology, question that assumption. Continue reading

fda testosterone warningsFor months now, we have been writing about the onslaught of information pouring in regarding testosterone therapy and the negative side-effects associated with its use.

Testosterone products, prescribed to treat low testosterone (“Low T”) in men, have become popular among young men seeking physical enhancement, as well as older men who want to counter signs of aging.  Research, however, shows that low testosterone treatments may double the risk of heart attack for young men with heart disease as well as for men 65 years of age and older, even those who have had no heart problems.  Is it worth the risk if not medically necessary?   The FDA says no.

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zoloft birth defectsDepression treatment is essential.  This is especially true during pregnancy.  Untreated depression can have harmful effects on both the mother and the baby.  But we are learning more about the use of antidepressants and the increased risk of problems for the baby.  We keep wondering: WHY DIDN’T THE DRUG COMPANIES KNOW ABOUT THESE RISK SOONER?

A recent study supports prior findings that women who use Zoloft during pregnancy are at an increased risk of giving birth to an infant with birth defects that could include severe heart or cranial malformations.  According to findings published last month in the American Journal of Obstetrics & Gynecology, the use of Zoloft may increase the risk of atrial and ventricular defects by more than 30%, and more than double the risk of craniosynostosis.

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pennsylvania xarelto lawsuits

As the fight against Bayer and Johnson & Johnson over the controversial drug, Xarelto, wages on, Pennsylvania has organized claims floating around state courts into a mass tort. The anticoagulant (blood thinner), which has already been linked to bleeding and in some cases death, has prompted at least 70 individual suits in Pennsylvania, each claiming that the drug’s manufacturers didn’t warn users about the risks associated with the drug. While Xarelto does its job as a blood thinner, the main concern is that this drug never stops doing that job, and there is no antidote on the market to reverse the effects should a user ever need that to happen. Considering the sheer volume of cases piling up on Pennsylvania’s dockets, the Administrative Judge (judge in charge) of the Court of Common Pleas of Philadelphia, streamlined proceedings into a “mass tort.”

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low testosterone lawsuitsWith roughly 300 complaints currently pending before U.S. District Judge Mathew Kennelly, and several thousand expected to be filed before all is said and done, Judge Kennelly of the Northern District of Illinois has appointed four testosterone drug attorneys to serve as liaisons with state courts where dozens of additional cases are pending.  In an effort to increase coordination of the litigation, the role of the state-federal court liaisons will be to promote better coordination for the rapidly accumulating host of testosterone lawsuits being filed.

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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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low testosterone lawsuitsLow testosterone levels have been linked to fatigue, muscle and bone loss, and a decrease in libido.  If you are over 35 and these things are hitting you… well, it sucks. But, all too often in 2018, the cure is worse than the original disease.  There is a lot of good science out there suggesting that these therapies increase the risk for cardiac injury in a group already prone to heart disease.   A lot of lawsuits have followed.  This article explains where these class action lawsuits are now and what plaintiff can expect moving forward.

The Premise of These Cases

In January 2014, the Food and Drug Administration (FDA) announced that it was investigating potential testosterone therapy risks.  This was prompted after several studies suggested that the side effects of testosterone treatments may increase the risk of heart attacks, strokes, blood clots, and death. The risks may be as much as double for a heart attack in young men with heart disease as well as for men 65 years of age and older, even those who have had no heart problems. Additional concerns with the products include the increased risk of deep vein thrombosis (DVT) which can lead to life-threatening complications including pulmonary embolisms.  DVT is where the body develops blood clots in the deep veins, most commonly in the legs.  These blood clots can break off and travel through the body resulting in potentially life-threatening complications.

The first lawsuits were filed four days after the FDA announced its investigation.  Is that a little too soon?  Probably.  Does it underscore the idea that lawyers are vultures?  Absolutely.  But all of this, as I talk about below, distracts us from the real issue: are low T drugs killing people?

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vaginal mesh lawsuitsThe big news last week is that C.R. Bard will pay $21 million to settle 500 vaginal mesh lawsuits filed against it.

Good deal for plaintiffs?  Not so much.  This comes out to a little over $40,000 a case.  Most of the women in these complaints have suffered real injuries with organ damage.  So you get painful and often debilitating complications from these surgical mesh implants and you get $40,000?  What on earth is happening here besides C.R. Bard’s stock price shooting up after the announcement?

The Method to the Madness

I think C.R. Bard is playing a little psychology trick.  It is smart, and it just might work a little unless the victims and their lawyers are smart.

If you ask the average vaginal mesh victim how much they expect to get in a settlement, the numbers would range from a few thousand dollars to millions.  No one is given any guidance on what the values of these cases are, or even the ranges of values.  Lawyers talk themselves into circles when asked about the settlement value of the case.  No one wants to give a straight answer because no one wants to be wrong.  If you were to guess the outcome of the average settlement of a mass tort case from the beginning, you would probably be very wrong.  I like tracking the pay-per-click costs of drug injury cases.  They make the stock market seem stable.  The expected values of these cases rise and fall and rise and fall and where it stops, no one knows.

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Malik ‘Poot’ Carr: It’s a cold world, Bodie.
Preston ‘Bodie’ Broadus: Thought you said it was getting warmer, man.
Malik ‘Poot’ Carr: World going one way, people another.

xarelto lawsuitsI’ve been watching The Wire again of late.  I thought of this exchange when I found out that despite the Xarelto lawsuits being filed and the massive number of television commercials you are seeing from personal injury lawyers talking about the risks of Xarelto, Johnson & Johnson and Bayer intend to move forward with plans to push the FDA drug for additional uses.  This comes despite all of these excessive bleeding lawsuits and the fact that the FDA has already shot down these attempts on three separate occasions.  The litigation (and justice?) world is going one way, the business people at these drug companies are going another. 

The game plan to conduct three studies to investigate the efficacy and safety of Xarelto in people who have had an embolic stroke of undetermined source, people with peripheral artery disease undergoing peripheral artery interventions, and individuals who have had an acute coronary syndrome.

Note: There is an important January 2015 update below.

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