Articles Posted in Product Liability

A new consumer class action lawsuit was recently filed against Coca-Cola Company, alleging that the company falsely markets its Simply Tropical Juice as all-natural while failing to disclose that they contain high levels of PFAS (per- and poly-fluoroalkyl substances). PFAS are harmful chemicals that have been linked to various health problems.

Can you bring a Simply Orange lawsuit? We talk about that below and give you a July 2024 update on where this litigation stands.

CooperSurgical is currently facing numerous lawsuits stemming from the recall of its embryo culture solution amid concerns that the solution may be causing embryo loss during in vitro fertilization (IVF) procedures. This product is widely utilized in IVF treatments across fertility clinics worldwide. Despite the recall, CooperSurgical has not issued a public notice or statement regarding the matter. The implications of this situation could be profound, affecting families in America and globally who are left questioning whether their embryo loss was due to this defective product.

The potential impact of this toxic solution on countless affected couples presents a tragic circumstance—not due to chance or the inherent challenges of fertility treatments, but allegedly due to negligence and the distribution of faulty products by CooperSurgical Inc. In essence, a prominent pharmaceutical company released a product into the market that they knew could impair embryo development.

July 2024 Update

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.

Seventy percent of civil cases in federal court are in an MDL in 2024.  Yet few people understand what an MDL is.

Multidistrict litigation, called an MDL, is a special legal procedure used in mass tort cases to streamline the handling of large and complex cases.  An MDL is a “sort of” class action lawsuit.  It is a class action in that the cases are all brought together under one judge for pretrial discovery.

However, typically, after a few bellwether trials of individual plaintiffs, the cases are sent back to their local jurisdiction for trial if a settlement is not reached. The hope of the MDL process is that the parties can figure out the value of the claims so a global settlement can be reached with most of the plaintiffs.

The idea of an MDL was born in 1968 when lawmakers created the MDL system as a way to speed up and coordinate complex litigation that was filed in multiple federal judicial districts. MDLs are utilized in scenarios where a single defendant or group of defendants commit a single tort or does a single act that affects a large group of people. When all of those individual people then go to sue the defendant, it makes more sense to consolidate their cases. This streamlines the process and avoids different rulings regarding similar aspects of the case.

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The Zostavax vaccine lawsuits were jumping with energy. Lawyers wanted these cases which is why you saw television commercials and Facebook and Google ads (and, yes, legal blog posts) from attorneys hustling to sign up victims.

These Zostavax lawsuits alleged that the plaintiffs experienced severe complications, most notably shingles, from being administered it.

Today, these lawsuits are on life support, maybe worse in 2024, as we explain below. We have not rewritten this entire post still has some 2024 excitement in it. But these cases are likely to fall apart, and we explain this below.

IVC filters have been linked to an increased risk of fracture which can cause serious injury or death.  The Bard IVC cases have settled do the focus here is on Cordis and Cook IVC filter cases.

The IVC filter lawsuits have been going on for a long time, too long.  Our lawyers frequently get calls from people who are frustrated that their lawyer has “done nothing” to advance their case toward settlement. Our attorneys also get calls from victims who cannot find a lawyer. This page gives you information if you have filed an IVC filter lawsuit or are thinking of filing such a claim.

UPDATES:

This is the latest update on the Taxotere class action (MDL) lawsuits.

Where are we now in the Taxotere hair loss lawsuits?  There have been two bellwether trials.  One before the pandemic in 2019 and one last year.  Both have ended in a defeat for plaintiffs.

So things are not good with the Taxotere lawsuits at this stage.  Do some mass tort lawsuits often begin with losses and then the tide turns and plaintiffs start winning and the defendant offers fair settlement amounts?  Yes.  100%.  But let’s not pretend there are many silver linings when you lose two lawsuits in a row.

Sun Bum, Paul Mitchell, and Batiste, leading manufacturers of dry shampoos, are facing proposed class action lawsuits following reports of dangerously high benzene levels in some of their products. Benzene is a widely recognized carcinogenic impurity linked with leukemia and other forms of cancer.  As we discuss below, there was a settlement in the Batiste consumer class action lawsuit of $2.5 million. 


UPDATES:

$3.1 Million Settlement in Batiste Dry Shampoo Consumer Fraud Case

Many brands of electric pressure cookers, commonly referred to as “Insta Pots,” have dangerous design flaws that can cause the device to malfunction and eject boiling liquid, leading to severe burns and disfigurement.

Our national product liability lawyers are actively seeking new cases from individuals who have been seriously burned or injured by a defective pressure cooker. If you have been harmed by an instant pressure cooker, you may be entitled to financial compensation. Contact a pressure cooker lawyer today to determine if you can file a lawsuit for the injuries you have suffered.

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