Articles Posted in Legal News

Federal lawsuits against Allergan’s Natrelle Biocell Textured Breast Implants emerged months after its manufacturer, Allergan, recalled it. The U.S. Judicial Panel on Multidistrict Litigation consolidated all federal into an MDL class action in New Jersey. The MDL lawsuits allege that the implants cause breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), a rare form of cancer.

What is Allergan’s Natrelle Biocell Textured Breast Implants?

Plastic surgeons use Allergan’s Natrelle Biocell Textured Breast Implants for breast augmentation, reduction, and reconstructive surgeries. Irish-based pharmaceutical company Allergan manufactures them. Their outer shells are made of silicone elastomer, containing rubber-like elastic properties. They are filled with sterile saline, a saltwater solution.

Recent studies have shown that Per- and polyfluoroalkyl substances are linked to serious adverse health effects, particularly various cancers. This is of serious concern, especially to public health, because of how prevalent PFAS are in both manufactured products and the environment.

What Are PFAS? 

Per- and polyfluoroalkyl substances (PFAS) are man-made chemicals found in everyday products such as food packaging, commercial household products, drinking water, and living organisms. They are not naturally occurring. Starting in the 1940s, they were initially used in stain and water-resistant fabrics, carpeting, paints, cleaning products, and fire-fighting foams. One of the most famous PFAS-based brands is Teflon, first developed in the late 1930s.

The Arthrex iBalance Total Knee Arthroplasty (TKA) is an implant device that assists surgeons with performing total knee replacements in patients suffering cartilage loss from osteoarthritis or post-traumatic arthritis. Arthrex markets this product as an improved and longer-lasting alternative to traditional total knee replacement devices. They claim it is a “complete, minimally invasive instrument.” Traditional devices need their metal plates and screws replaced, which necessitates further surgery. Arthrex intended this device to reduce the likelihood for further surgeries. By reducing this likelihood, the iBalance TKA is meant to be convenient and less expensive than its competitors.

The iBalance TKA System comes with a pamphlet providing detailed instructions and several tools to assist with knee replacement surgery. Arthrex intended this device to match the normal knee’s curvature, to ensure that the knee bends naturally. Its parts are made of metal and polyethylene plastic.

Knee replacement surgery

Xeljanz is a popular medication that is prescribed to treat patients suffering from rheumatoid arthritis, psoriatic arthritis, and ulcerative colitis. Xeljanz is the brand name for the drug Tofacitinib, which works by suppressing the patient’s immune system to help reduce inflammation in the body. Since its original release in 2012, this medication has exploded in popularity due to its placement of ads on television and in magazines.

Manufactured by pharmaceutical giant Pfizer, the company has raked in over a billion dollars in profit off the hundreds of thousands of people use the drug. In February 2019, Pfizer was hit with an FDA safety warning that linked Xeljanz to an increased risk of blood clots in the lungs and overall death.  This has led to many lawyers, including us, to investigate potential Zeljanz lawsuits.

Months later, this forced Pfizer to put a black box warning on their drug label. This scares off doctors and patients. This is arguably why Pfizer did not suggest to the FDA adding this warning long ago. This warning is expected to put significant stress on the company’s profits as patients avoid the medication and file new failure to warn lawsuits. (The good news for Pfizer is that there warning will prevent many future lawsuits from being filed.)

Much of this blog is dedicated to giving you news on significant court cases that take place throughout the country. These cases are not your typical Judge Judy, small claims type deals; they are pretty important. Typically, big personal injury cases usually manifest themselves in class actions, Multi-district Litigation, and/or mass torts. Although these types of litigation have a lot in common, they are truly nuanced, meaning it takes an experienced attorney to fully comprehend how they work. But of course, it helps to have a basic understanding in the first place. Here is a little bit about how a mass tort works.

Mass Torts – The Basics

You cannot go around defining “mass tort” without defining “tort.” The law school definition of a tort is a “civil wrong,” committed by one person against another that results in injury. The most common tort that we as personal injury attorneys deal with is negligence. However, torts also include assault, battery, intentional infliction of emotional distress, trespass, and many more. In most tort cases there is one plaintiff suing one defendant. For example, in a trespass case, the property owner would be suing the trespasser. The same is true of car accident cases where you have the injured victim suing the negligent driver. Of course, the insurance company is usually brought in as a defendant too.

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An opioid settlement is coming.  How much money is in it for you?  If you have suffered, it is a fair question.  But this is a different kind of opioid settlement.

Thousands of counties, townships and local jurisdictions from across the country are currently suing a group of pharmaceutical companies that manufacture and sell prescription opioid painkillers. The local jurisdictions are seeking money to reimburse them for the billions of dollars they have been forced to spend in response to the opioid abuse epidemic. After months of little or no movement in this matter, reports came out last week suggesting that a global settlement proposal may finally be in the works.

The Scope of the Opioid Settlement

I’m not writing many blog posts with an exclamation point in the title. But my goodness.

A jury in Oakland, California this week found Monsanto liable for yet another case of cancer and awarded a couple $2 billion plus more than $55 million total in compensatory damages! Alva and Alberta Pilliod are both in their 70s and have lived in Livermore, a town 40 miles east of San Francisco, for over 30 years.

While living there, they also used Roundup for more than 30 years to keep their home landscaped and unfortunately, both developed cancer. Alva was diagnosed with non-Hodgkin’s Lymphoma in 2011 that started in his bones and soon spread to his pelvis and spine. Four years later, his wife Alberta was also diagnosed with non-Hodgkin’s Lymphoma but hers was in her brain. Fortunately, they both survived and are currently in remission, but the cancer has had life-changing effects on both of their lives and they both have suffered lasting damage from it.

A recent study has reported that using antiepileptic drugs during pregnancy increases the likelihood of children developing Attention Deficit/Hyperactivity Disorder (ADHD) in the future. It is hard to pretend that anyone is surprised by this.

What are AEDs?

Anticonvulsants, commonly known as antiepileptic drugs (AEDs), are a class of drugs primarily used for epileptic seizures. They help decrease seizure frequency and severity. Known to function as mood stabilizers, AEDs are also used to treat mental illnesses such as bipolar disorder and borderline personality disorder. Examples of AEDs include valproates, Klonopin, and Topamax.

As you care for your little one, you should be mindful of everyday items in your home that can be a risk to their safety. Just because an item was made for babies, does not mean it is completely safe. Cribs and strollers can still be a safety risk to your baby. However, this means that you must use them in a safe manner.

1. Strollers

Your baby’s stroller can be a significant risk to their safety. A Consumer Product Safety Commission (CPSC) report estimates there were 13,400 reported cases of stroller-related injuries that required a visit to the emergency room. Many of these injuries were caused by a fall or strangulation. Between 2012 and 2014, an average of two children died per year from stroller-related accidents. Many stroller-related injuries or deaths occur when infants are left to sleep while the stroller’s back is in the recline position.

Window tints laws require a significant amount of light to be transmitted in car windows. Once pulled over, a police officer may check to see if your car’s window tints are legal or not. You may ask yourself how police officers can do that. In addition to knowing how to check for too much tint, you must know the window tint laws in both Maryland and D.C.

1. How do the police determine if a window has too much tint?

The only way to determine if there is an actual violation of the statute is for the officer, after stopping the vehicle, to conduct a test utilizing a “two-piece window tint meter.” When observing a vehicle without the benefit of such a device there is no definitive way to determine if the window tint on a car is in violation of the statute other than by eyeballing it.