Articles Posted in Legal News

We are getting closer to a day cynics said would never arrive:  a jury trial in the 3M Earplug lawsuits.  3M, whose lawyers expected to get out on summary judgment, are certainly surprised.  Veterans who called our law firm inquiring as to whether this litigation was a scam will be shocked.  I suspect even some plaintiffs’ attorneys are surprised the Combat Arms earplugs case will soon be decided by a jury

The first federal bellwether trial involving 3M’s dual-ended combat earplugs begins in April 2021. It will focus on three cases.

The stakes could not be higher.  Over 200,000 current and former service members have already filed similar lawsuits that allege that the earplug’s defective design causes hearing impairments.  A win for plaintiffs would certainly push the settlement value of 3M earplug lawsuits higher.

The last 2 years have been pretty bad for the popular heartburn drug Zantac after testing revealed that it contained significantly high levels of the carcinogen N-Nitrosodimethylamine (NDMA). This led to Zantac being pulled off the shelves of major retailers and eventually a nationwide FDA recall.

Hundreds of individuals have now filed lawsuits against Zantac’s manufacturers. The suits alleged that taking Zantac caused the plaintiffs to develop certain types of cancer. Hundreds more Zantac cancer lawsuits are expected to be filed.

The source of all the trouble is NDMA which was in Zantac.  NDMA a cancerous poison metabolizes into carcinogens like formaldehyde.

When I get sick, I assume an antibiotic will solve my problems.  I’m slightly allergic to amoxicillin. Zithromax, Z-Pak (Z-Pac, I’ve seen both), Zmax, or any similar antibiotic to treat bacterial infections is my drug of choice for ear infections, strep throat, pneumonia, traveler’s diarrhea, or other intestinal infections.

There are risks with any drug.  You have been told that time and time again. But if you are like me, you just want to feel better and you have a history with antibiotics of doing just that.

A new study underscores that maybe we should slow our roll in racing to get Zithromax.  Because the study suggests that the potential side effects are more than just theoretical and can increase the risk of heart problems and death.  This gets my attention. Because I’d rather be sick than dead.

Anyone that has been using the drug Elmiron to treat bladder conditions should be aware of the growing tide of concerns regarding the long-term safety of this popular drug. After an initial wave of reports linking the use of Elmiron to serious vision impairment, the Food and Drug Administration (FDA) has recently stepped in and required the manufacturer of Elmiron to add a “black box” warning label. The new warning label alerts doctors and patients that Elmiron may cause a rare eye disease called pigmentary maculopathy that can cause vision impairment or blindness. The new warning label comes just as Elmiron lawsuits are already being filed across the country

Elmiron and Interstitial Cystitis

Interstitial cystitis is an ailment involving the urinary tract system that causes chronic bladder and abdominal pressure and pain. The condition is a part of a spectrum of diseases known as Bladder Pain Syndrome. More than one million people in the United States, mostly women, are estimated to have the condition.

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 because of 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 sue 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