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attorneys 527 articles

Stryker Reaches Settlement Over Metal-on-Metal Hip device Failure


Stryker, a medical device manufacturing company and its subsidiary, Howmedica Osteonics, have reached a settlement for patients who were required to have revision surgery to correct problems with their Rejuvenate or ABG II modular metal-on-metal neck hip stems. The defective hip design, which was recalled in July of 2012, earned the company about 4,000 lawsuits that were settled in an agreement reached by Court-appointed committees and attorneys. The settlement included any and all patients who received revision surgery prior to Dec. 19, 2016. The defective design had potential for corrosion that led to tissue damage and blood poisoning if the metal ions were absorbed into the bloodstream. The symptoms included ... Read More

5-Hour Energy makers ordered to pay $4.3 million for misleading Washington consumers


President Donald Trump’s travel ban wasn’t the only issue Washington state Attorney General Bob Ferguson was fighting on behalf of the citizens of his state. The same week a three-judge panel with the 9th U.S. Circuit Court of Appeals refused to remove a Seattle judge’s restraining order on the ban – a virtual win for Ferguson – Washington’s King County Superior Court Judge Beth M. Andrus slapped the makers of 5-Hour Energy drink with nearly $4.3 million in penalties and attorneys’ fees in a case brought by Ferguson alleging the company’s ads were misleading Washington consumers. Ferguson brought the suit ... Read More

Cosmetics trade group named as defendant in J&J talc ovarian cancer cases

talc justice

Named as a defendant in some of the more than 70 cases that are consolidated in the federal multidistrict litigation (MDL) alleging a link between talc use for feminine hygiene and ovarian cancer is a non-profit cosmetics trade association. The association is, according to plaintiffs’ attorneys leading the MDL, largely funded by industry, including Johnson & Johnson and Imerys Talc America, which supplies talc to J&J. Law360 reports that the Personal Care Products Council has filed a motion to dismiss allegations against it, saying that its lobbying and public relations activities are protected by the First Amendment. “This motion by the ... Read More

Fourth Missouri talc trial is underway as Johnson and Johnson faces ovarian cancer claims

talc justice

The fourth talc trial in Missouri is underway. Johnson and Johnson will again defend the safety of its talcum powder products, when three times last year in the same court it was found to be responsible for women’s ovarian cancer. Juries came down hard on the corporate giant with massive punitive damages for not warning consumers of its products’ cancer risk. Between all three trials the company was hit with $177 million in punitive damages alone. “A lot of what is at stake at this trial is, do plaintiffs have a ‘case in a box’ — do they have a ... Read More

California May Soon Put Cancer Warnings On Monsanto’s Roundup


California took a big step toward requiring agribusiness giant Monsanto to label its glyphosate herbicide Roundup as a probable cancer risk when a Fresno County Superior Court judge tentatively ruled Jan. 27 in favor of the warning. A formal decision on the matter, expected to come within days, is now all that separates California regulators from requiring Monsanto to warn the public of Roundup’s potential link to cancer. Once state authorities enforce an order for the warning, Monsanto would have a year to comply. California is one of the biggest markets in the world for Monsanto’s Roundup, which is sold ... Read More

Panel discusses consolidation of ‘nightmarishly complex’ PPI litigation

PPI proton pump inhibitor

According to Law360, when plaintiffs in lawsuits against the makers of acid-reducing proton pump inhibitors, or PPIs, filed for consolidation in October there were 15 federal cases pending. Now there are more than 100 cases with plaintiffs’ attorneys reviewing thousands more potential cases of alleged kidney injuries caused by PPI use that could be filed in the coming months. In 2011 concerns were brought to the U.S. Food and Drug Administration (FDA) about PPIs potentially having the dangerous side effect of harming users’ kidneys. These were brought by consumer advocacy group Public Citizen, according to the patients’ multidistrict litigation (MDL) ... Read More

Florida Man Injured By Exploding Airbag Sues Takata, Honda

Honda Takata airbags

A Florida man filed a federal lawsuit against Japanese auto supplier Takata, Honda Motor Co., and related companies, alleging a defective airbag made by Takata and installed by Honda malfunctioned and caused him severe injuries. According to the Florida Record, Evelio Ruiz filed his complaint in a U.S. District Court in Miami Jan. 12. He claims the Takata airbag in his 2002 Honda Accord deployed with dangerous force in a collision he had in March 2015. Like many other motorists injured by the flawed airbags, Mr. Ruiz suffered from multiple lacerations to his neck. Such injuries occur when the airbag’s ... Read More

New York, Louisiana considered for Eliquis MDL


Bristol-Myers Squibb Co. and Pfizer Inc., are asking the U.S. Judicial Panel on Multidistrict Litigation to centralize the 34 lawsuits alleging the companies’ blood thinner Eliquis caused bleeding injuries in the Southern District of New York, where both companies are headquartered. Doing so would improve efficiency and consistency, the drug companies argued. All but two of the plaintiffs suing Bristol-Myers Squibb and Pfizer support consolidation in a multidistrict litigation. Where to centralize the cases is the issue. New York leads in the number of cases with 16. The Eastern District of Louisiana is a distant second with four cases. But ... Read More

California talc litigation update

talc ovarian cancer

In California there are more than 300 plaintiffs involved in a coordinated litigation against Johnson and Johnson and talc supplier Imerys Talc America Inc.. The lawsuit was created in June last year by women represented by over 30 different attorneys, who allege their development of ovarian cancer was caused by the “wrongful conduct” of the defendants — the “unreasonably dangerous and defective nature” of talcum powder when used in the female genital area, Law360 reports. Meanwhile in New Jersey, federal lawsuits that were filed across the country have been consolidated into a multidistrict litigation (MDL). Leadership for this MDL was appointed in ... Read More

Costco to pay $11.75 M to settle lax pharmacy practices charges

World of Pain

Costco Wholesale has agreed to pay $11.75 million to settle charges that its pharmacies filled prescriptions for controlled substances that were incomplete, lacked valid Drug Enforcement Administration (DEA) numbers or were for substances out of the scope of the prescribing doctors’ practices. The settlement also resolves charges that the warehouse store’s record keeping for controlled substances were lax and inaccurate. The charges against Costco were waged by U.S. Attorneys from the Western District of Washington, the Eastern District of Washington, the Central District of California, the Eastern District of Michigan, and the Eastern District of California. The effort is part ... Read More