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attorneys 297 articles

Judge orders mediation to resolve Fosamax lawsuits claiming femur fractures

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A New Jersey federal judge told Merck & Co. that it is time to settle with plaintiffs in multidistrict litigation over femur fractures allegedly caused by its osteoporosis drug Fosamax. About 900 cases are still pending in the litigation, which stated in 2006. U.S. District Judge Joel A. Pisano ordered Merck and a steering committee representing the plaintiffs to propose a mediator within 30 days, and within five days the parties must provide a written status update regarding the mediation. Merck updated its safety labels in January 2011 to include a warning for potential femur fracture. Barbara Gaynor, whose lawsuit ... Read More

Federal jury hits Ethicon transvaginal mesh with $3.27 million verdict

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Jo Huskey had no idea the turn her life would take after having a 30-minute procedure to implant Ethicon’s transvaginal mesh device in her body to correct urinary incontinence. Plaintiffs attorneys and their witnesses painted a picture for jurors of how the defectively designed device could erode into tissue and puncture neighboring organs causing serious complications from excruciating pain and incontinence to bleeding and infections. The jury responded with a $3.27 million verdict against Johnson & Johnson subsidiary Ethicon, finding the bladder sling was defectively designed and the company failed to warn the public of the potential risks. The product ... Read More

Settlement reached in lawsuit involving airport sign that killed Kansas boy

Birmingham Airport - photo by civilengtiger Wiki

A settlement has been reached in a wrongful death lawsuit against a group of contractors involving a 10-year-old boy who was killed last March at the Birmingham-Shuttlesworth International Airport. Seven members of the Bresette family were traveling from a trip to Destin, Fla., to their home in Kansas, switching flights at the Birmingham, Ala., airport, when a heavy flight-status board came loose from its moorings on the wall and fell on four members of the family while they walked past. The signs were added during a renovation of the airport, and weigh an estimated 300-400 pounds each. Of the four family ... Read More

Judge refuses to throw out $9 billion judgment against Actos makers

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A Louisiana federal judge refused to throw out a $9 billion judgment against Takeda Pharmaceuticals and Eli Lilly & Co., alleging the companies hid bladder cancer risks with its blockbuster type 2 diabetes drug Actos. The April verdict was in favor of plaintiffs Terrence and Susan Allen, who claimed the drug companies withheld from doctors and patients information about bladder cancer risks associated with Actos. It was the first U.S. trial of its kind, setting the stage for thousands of other similar lawsuits against Takeda and Eli Lilly involving Actos and bladder cancer. Japan-based Takeda was ordered to pay $6 billion ... Read More

Lipitor side effects lawsuits mount against Pfizer

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Lawsuits are mounting against Pfizer Inc., alleging the company withheld information that its cholesterol-lowering statin drug Lipitor could cause women to develop type 2 diabetes. In the past five months, Lipitor side effects lawsuits have jumped from 56 to more than 1,000. With the number of lawsuits growing so quickly, the federal judicial panel consolidated all Lipitor lawsuits in Charleston, S.C. Pfizer fought the decision, claiming that it might cause more people to file lawsuits against the company. Lipitor is the best-selling prescription drug in the world, generating more than $130 billion in sales since it hit the market in 1996. ... Read More

Second transvaginal mesh lawsuit against Boston Scientific goes to trial

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The second bellwether trial involving injuries from Boston Scientific’s transvaginal mesh device is underway in Massachusetts state court, and plaintiffs are hoping for a different outcome than the first. Plaintiff Maria Cardenas is suing the medical device company claiming she suffered injuries from Boston Scientific’s defectively designed transvaginal mesh, also known as a bladder sling. The company is facing thousands of similar lawsuits in state and federal court over its pelvic mesh products, however Cardenas’ is the only the second to go to trial. The first bellwether case was brought by plaintiff Diane Albright, who claimed the company’s Pinnacle Pelvic Floor ... Read More

Bank of America settles mortgage fraud claims with U.S. and six states for record $16.65 million

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The U.S. Justice Department and six state attorneys general have reached a $16.65-billion settlement with Bank of America Corporation to resolve claims that the bank and its former and current subsidiaries, including Countrywide and Merrill Lynch, defrauded investors, government agencies, and hundreds of thousands of customers in a massive scheme that ultimately crippled the U.S. economy. The settlement is the largest civil settlement with a single corporation in U.S. history. The Justice Department said that the settlement resolves multiple ongoing investigations related to Bank of America’s packaging, marketing, selling, arrangement, structuring, and issuance of residential mortgage-backed securities (RMBS), collateralized debt ... Read More

Last unresolved lawsuit from Continental Flight 3407 crash headed to trial

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One wrongful death lawsuit stemming from the crash of Continental Airlines Flight 3407 in Clarence Center, New York, has not been resolved, and the case appears to be headed to trial in the coming months. Flight 3407 crashed on Feb. 12, 2009, as the twin-turbo prop airplane was making its final approach to Buffalo Niagara International Airport. The crash killed all 49 people aboard the airplane and one person on the ground — 61-year-old Doug Wielinski, who was at home with his wife and daughter when the airplane hit his house. It’s the Wielinski family’s lawsuit that remains unresolved out ... Read More

Pfizer faces thousands of lawsuits linking Lipitor to type 2 diabetes

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From the time the cholesterol-lowering statin Lipitor (atorvastatin) hit the market in 1996, it has been the No. 1 best-selling prescription drug in the country, bringing in more than $130 billion in worldwide sales. More than 29 million people in the United States currently take the drug to control their cholesterol. However, this wonder drug comes with a price – an increased risk of type 2 diabetes. Now, thousands of former users have filed lawsuits against drug maker Pfizer alleging the company did not adequately warn users of this risk. In 2012, the Food and Drug Administration (FDA) issued a ... Read More

Lawsuits against Bayer alleging neurological side effects from Mirena IUD will not be centralized

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Nine lawsuits against Bayer Healthcare Pharmaceuticals alleging the company’s Mirena IUD caused neurological conditions will not be consolidated into a multidistrict litigation because there are just too few to justify the motion. Plaintiffs had asked that the lawsuits be centralized in Tennessee; Bayer opposed centralization or to have them consolidated in New York. Bayer already faces multidistrict litigation with its Mirena intrauterine device over uterine perforation, a different injury. These nine lawsuits claim that the Mirena IUD contraceptive device releases a synthetic hormone that can cause neurological problems, including a type of brain damage known as pseudo tumor cerebra (PTC) ... Read More