Articles Posted in Product Liability

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.

Over-the-counter (OTC) drugs and medications are widely used these days for common ailments. OTC drugs are popular and convenient because consumers can buy them without any input from a doctor or other medical professional. Ready access to OTC drugs presents some risks, however. On this page, our product liability lawyers will look at potential lawsuits involving OTC drug injuries.

OTC Lawsuits – News and Updates:

July 2024: Healthy Living Migraine Relief acetaminophen pills have been voluntarily recalled at the request of the FDA. The recall comes after the FDA found that the product label contained inaccurate or misleading information. The Health Living brand products are manufactured by Aurobindo Pharma USA, Inc.

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.

August 2024 Update

In a recent study, researchers found that the drug methotrexate may increase the risk for skin cancer as well as other adverse side effects such as gastrointestinal complications and lung problems.

What is methotrexate?

Methotrexate-based drugs are immunosuppressants that help treat various medical conditions such as rheumatoid arthritis  rheumatoid arthritis, and severe psoriasis. It functions by interfering with the growth of rapidly dividing cells, such as cancer cells, and by modulating the immune system, reducing inflammation and immune response.

This page was written in nine years ago but it has 2024 updates in it.  We talk about a lot of things related to Depakote, including the link it could have to autism.

Depakote

Depakote is not exactly a new drug, considering that it was approved by the FDA back in 1978. Since then, it has been approved to treat epileptic seizures and convulsions. The drug soon found itself on the FDA’s radar, prompting them to issue a Black Box warning alerting both patients and doctors of the potential birth defects that the drug may cause.

A few years later, the FDA specifically warned patients about the possibility of neural tube defects, heart defects, and craniofacial birth defects, while also warning about suicidal thoughts and actions associated with Depakote use. Still, the drug was making too much money for Abbott to voluntarily recall.

A 2010 study really put the nail in the coffin for the drug, confirming that the risk of spina bifida increased nearly twelve-fold for children of women who were taking Depakote at the time of pregnancy. And in 2011 the FDA issued another warning, claiming that there was a correlation between Depakote and diminished cognitive abilities. The warning suggested that children born to mothers who were on the drug also have lower IQs.

The drug was a huge cash cow for AbbVie and Abbott Laboratories, generating around $1.5 billion in sales each year. But considering how closely Depakote was linked to birth defects and other conditions, it is likely that the verdict, in this case, will not be AbbVie’s last for the drug. Millions of people were prescribed Depakote. Unfortunately, the damage has already been done.

The Problem with Depakote

Depakote is a known human teratogen.  Plaintiffs’ lawyers allege that it is associated with a number of congenital malformations and cognitive deficits.  Possible harmful effects include heart defects,  hydrocephalus, craniofacial defects, spinal Bifida, microcephaly, heart defects, limb, and digital defects, urogenital defects, cleft lip and palate,  decreased IQ, mental retardation, and developmental delay.

When do these injuries happen?  Early in the pregnancy.  These malformations generally occur in the first nine weeks of gestation.  Depakote specifically affects cells and neurons, including those which develop the brain, face, and limbs. The thumbs are completely formed by sixteen weeks, but the absolute dysmorphia occurs in the first nine weeks.

After years on the market, the FDA required Abbott to include a “Boxed Warning” alerting doctors and patients – most notably, mothers and women of childbearing age who might become pregnant – of the risk of birth defects as a result of Depakote use. There are also risks on the box now about hepatotoxicity and pancreatitis. These are serious and potentially fatal conditions.

Depakote lawsuits that involve birth defects such as spina bifida, craniofacial defects, cardiovascular malformations, and similar malformations in young children whose moms were taking Depakote when they were pregnant.

A Verdict

A Missouri jury awarded $15,ooo,ooo to the family of a girl who was born with spina bifida, finding that the drug Depakote led to her condition. Specifically, the suit alleged that AbbVie, who also manufactures drugs like AndroGel, failed to sufficiently warn pregnant mothers who were on the drug about the risk of birth defects.

This specific lawsuit was a product liability action brought by a 12-year-old girl and her family after she experienced health problems throughout her entire life. They alleged that AbbVie failed to adequately warn pregnant women about the correlation between Depakote and birth defects. The $15,000,000 verdict is comprised of compensatory damages for the girl’s medical care (which will be required throughout her entire life), along with pain and suffering, and other costs. There is actually a possibility that AbbVie could be responsible for paying millions more in punitive damages in the second phase of the trial that will determine whether AbbVie recklessly endangered the lives of unborn children.

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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.

Our lawyers are not taking new claims. But we do update this page to keep victims informed about the litigation because there is so little current information out there for victims.

This is an old blog post that is largely outdated.  But we have a 2024 update at the bottom of the page and a current look back on what the Xarelto lawsuits were about.

Frequent readers of this blog will be aware of the litigation against Bayer/Johnson & Johnson regarding their drug Xarelto. The cases are consolidated in federal court as Multidistrict Litigation (MDL), and the presiding judge is moving proceedings along.

• November 2017 Update: we have not lost three of these cases in a row
• January 2018 Update: we just got a huge verdict that will change the course of this litigation forever

What Were the Xarelto Lawsuits About

The lawsuits against Bayer and Janssen Pharmaceuticals regarding Xarelto focused on serious allegations that the drug caused uncontrollable and sometimes fatal bleeding in patients. Plaintiffs claimed that the companies failed to provide adequate warnings about the significant risks associated with the anticoagulant, particularly the absence of an effective antidote to reverse its effects in emergencies. They argued that this lack of information led to severe, and in some cases, fatal bleeding incidents that could have been mitigated or prevented with proper warnings.

Moreover, the plaintiffs accused Bayer and Janssen of marketing Xarelto as a superior alternative to traditional anticoagulants like warfarin, emphasizing convenience over safety by understating the need for monitoring and overestimating the drug’s safety. They contended that Xarelto was defectively designed, lacking in dose flexibility needed to safely manage different patient conditions, and that it was brought to market without sufficient clinical testing to fully understand its risks.

The lawsuits included claims of negligence, asserting that the companies were negligent in their development, testing, and marketing practices. They were accused of prioritizing profit over patient safety, which allegedly led to injuries and deaths. This litigation raised significant concerns about pharmaceutical practices, regulatory oversight, and the balance between drug innovation and patient safety. The multitude of lawsuits eventually led Bayer and Janssen to agree to a $775 million settlement to resolve around 25,000 cases, without admitting to any wrongdoing, thus highlighting the complexities and responsibilities inherent in pharmaceutical development and marketing.

Summer 2015 Update

Over the past few years, product liability suits against the makers and marketers of the drug Xarelto, Bayer/Johnson & Johnson, have been cropping up across the country. The suits are mostly filed in federal court, meaning the parties consolidated them as an MDL. Judge Eldon Fallon is the sole judge presiding over the MDL, giving him the ability to make all pretrial rulings. This is the great thing about an MDL; when many different cases are consolidated, the parties can avoid doing the same discovery over and over again, while getting consistent rulings from a single judge.

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