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litigation 994 articles

DePuy hit with $247M verdict over faulty metal hip implants

Johnson & Johnson and its subsidiary DePuy Orthopaedics Inc., were hit with a combined $247 million verdict in the latest bellwether involving DePuy’s Pinnacle metal-on-metal hip implants. The ruling was the third nine-figure verdict in the multidistrict litigation alleging design and manufacturing defects with the implants that caused patient harm, Law360 reported. The Texas federal jury awarded $90 million in punitive damages against Johnson & Johnson. DePuy was slapped with $78 million in punitive damages. The six individual plaintiffs received more than $77 million for past and future medical expenses as well as pain and suffering. Four of the plaintiffs’ ... Read More

Auxilium escapes verdict in testosterone side effects trial

Auxilium Pharmaceuticals Inc., maker of the testosterone replacement therapy Testim, escaped a verdict in the first bellwether trial blaming Testim for a man’s heart attack. This marks the first victory in multidistrict litigation (MDL) over testosterone side effects that names several testosterone manufacturers. The first two bellwether trials were against AbbVie Inc., makers of AndroGel, and resulted in combined $290 million in verdicts. The seven-day trial focused on the case of Steve Holtsclaw, who claimed he was prescribed Testim after complaining to his doctor about chronic fatigue. Months after treatment, Holtsclaw suffered a heart attack. He since learned that studies ... Read More

Testim benefits not worth the heart attack, patient says

Steve Holtsclaw’s heart attack in 2014 weighs on his mind daily. He’s more emotional now, and constantly wonders, “How much longer have I got?” the 62-year-old man told an Illinois federal jury during the first bellwether trial in a multidistrict litigation (MDL) involving cardiovascular risks with Auxilium Pharmaceuticals Inc.’s testosterone replacement therapy Testim. Holtsclaw was prescribed Testim in 2013 after complaining to his doctor about chronic fatigue. A blood test showed his testosterone levels were low. Months later, Holtsclaw suffered a heart attack. He received two stents and was put on several medications to help prevent a second heart attack. ... Read More

Alberta bans minors from artificial tanning in melanoma prevention effort

In an attempt to lower rising melanoma rates and protect the health of its citizens, Alberta Health Services has instituted and will be enforcing new regulations that ban minors from using artificial tanning services. “Research has shown that using artificial tanning when you are under 35 dramatically increases your risk for melanoma,” Health Minister Sarah Hoffman says according to The South Peace News. “The changes we’re making will help protect our youth from a disease that affects hundreds of Albertans every year and gives Albertans better information about the risks of artificial tanning.” The new rule takes effect on Jan. 1, ... Read More

Opening arguments begin in latest testosterone trial

The Food and Drug Administration (FDA) repeatedly rejected Auxilium Pharmaceuticals Inc.’s requests to expand the indication of its testosterone replacement therapy Testim to include age-related drops in testosterone, yet the drug company continued to market its product for age-related symptoms, attorneys for Steve Holtsclaw said during opening arguments. As a result, Holtsclaw trusted the product was safe, but realized the error of his ways when he suffered a heart attack seven months after starting the hormone therapy. Holtsclaw’s lawsuit is the first bellwether to reach trial against Auxilium in a multidistrict litigation that names numerous manufacturers of testosterone treatments. Two ... Read More

Plaintiffs in ovarian cancer talc cases are still fighting

In August the first California jury to hear a talc ovarian cancer case awarded now-deceased plaintiff Eva Echeverria a staggering $417 million, $110 million more than all four of the previous Missouri verdicts combined. The jury found that Johnson and Johnson’s talc-containing products contributed to the development of Echeverria’s ovarian cancer and the company should have warned her and other consumers of its products’ risks. They backed up this conclusion with $347 million in punitive damages. However, on Oct. 20, Los Angeles Superior Court Judge Maren E. Nelson overturned the verdict, granting Johnson and Johnson’s motion for judgment notwithstanding the ... Read More

Xarelto trial begins this week in PA mass tort program

The first bellwether trial in a mass tort program in the Philadelphia County courts alleging the blood thinner Xarelto caused uncontrolled bleeding is scheduled to go to trial this week. The lawsuit was filed by Lynn Hartman of Indiana, who claimed she suffered gastrointestinal bleeding after taking Xarelto to prevent strokes related to her heart condition called paroxysmal atrial fibrillation. The bleeding injury landed her in the hospital for four days in June 2014, during which her doctors ordered her to stop taking Xarelto. Since then, she has suffered no additional internal bleeding. Hartman’s trial is one of 1,500 pending ... Read More

Takata Airbag Class Settlements Get Final Approval

A $741-million settlement resolving consumer class actions against BMW, Mazda, Subaru, and Toyota for dangerously defective Takata airbag the automakers used in their vehicles has been granted final approval. U.S. District Court Judge Federico A. Moreno in Florida approved the settlements on Nov. 1. The four automakers are the first to exit sweeping multidistrict litigation (MDL) over consumer economic-loss claims stemming from Takata airbags, which prompted the largest auto safety recall in U.S. history. The settlements were initially announced in May, with Toyota agreeing to pay $278.5 million. BMW of North America agreed to pay $131 million to resolve the ... Read More

AbbVie fights $140M verdict from testosterone side effects trial

AbbVie Inc. doesn’t want to pay the $140 million an Illinois jury awarded a man who claimed the drug company didn’t adequately warn that its testosterone replacement therapy AndroGel could cause users to suffer a heart attack, arguing to U.S. District Judge Matthew Kennelly that the verdict and the steep punitive damages aren’t supported by the evidence. Last month, an Illinois federal jury awarded Jeffrey Konrad more than $140 million, agreeing with his claim that AbbVie didn’t warn about the cardiovascular risks with use of its testosterone treatment. AbbVie asked the Illinois federal judge to rethink the verdict, or at ... Read More

More lawsuits claim injuries with Ethicon’s Physiomesh

In June 2017, 18 lawsuits alleging serious injuries from Ethicon’s Physiomesh used for hernia repair were consolidated into a multidistrict litigation in the Northern District of Georgia in Atlanta. Since then through mid-August, the number has grown to 92, and the MDL is expected to continue to grow as more people learn about the serious risks of Physiomesh. Johnson & Johnson’s subsidiary Ethicon Inc. obtained Food and Drug Administration (FDA) approval for its Physiomesh Flexible Composite Mesh in April 2010. Since then, the agency has received hundreds of adverse event reports. Reported complications include hernia recurrence, mesh migration, fistulas, mesh ... Read More