$2 Billion Verdict Awarded in Roundup Cancer Trial Still Rocking Bayer to the Core

According to RoundUp Law firm Brown, LLC, representing plaintiffs who have been diagnosed with lymphoma as a result of Roundup exposure, Bayer is still trying put its arms around the liability that one jury socked them with for $2 billion dollars.  According to trial attorney Jason T. Brown, the head of Brown, LLC, “Companies need to have closure about open ended liability like this.  If you do the math with probably 40,000 outstanding cases if more verdicts come out like this the liability could exceed the trillion dollar mark which could bankrupt a company even like Bayer.”   Mr. Brown, a former FBI Special Agent and Legal Advisor went on to comment that nothing is guaranteed, and although big verdicts generally generate global settlements that anything can happen with the RoundUp case.

One thing is clear, if there is a RoundUp settlement that resembles other types of mass tort settlements it’s important to retain RoundUp counsel as soon as possible.  Often times a census is taken and those that are in the inventory of cases of a firm can participate and those that are not can not.

Bayer recently purchased Monsanto and inherited the liability of thousands of lawsuits regarding its weedkiller, Roundup, that juries believe is liked to different types of lymphoma, such as non-Hodgkin lymphoma (NHL), b type lymphomas and other cancers.   A specific ingredient that the company uses in the weedkiller has been found to contribute to certain types of cancers possibly. In a recent lawsuit, a jury has decided to award a local couple with $2 billion, but that amount was lowered significantly on appeal.

Couple Wins Lawsuit Against Monsanto for RoundUp Lymphoma

Several thousands of lawsuits have already been filed against Monsanto (which Bayer inherited) in relation to a weedkiller that the company has had on the market for several years. The ingredient known as glyphosate, found in these products, has recently been possibly linked to cancer, including non-Hodgkin’s lymphoma and multiple independent juries have concluded after hearing the evidence that Roundup is causing lymphoma.

In the billion dollar trial, a couple from Alalemda County, Alberta and Alva Pilliod, claimed that they have been using the Roundup weedkiller for several years and that the glyphosate content in these products has contributed to the development of non-Hodgkin’s lymphoma.

This is the third case since 2018, where a ruling was issued in favor of the plaintiff in cases where Bayer and Monsanto were sued for the glyphosate chemical that is added to their weedkiller products. This ingredient was linked to an increased risk of cancer – in all three cases that have ruled in favor of the plaintiff, and the glyphosate was linked to cancer diagnosed in the individual who initiated the lawsuit.

In addition to the $2 billion collective punitive damage award that was awarded by the jury, an additional $55 million settlement was also issued for collective compensatory damages. The Court then upon motion of the defendants substantially reduced the verdict.


A recent wave of jury verdicts including a $2 billion recent verdict was entered against Bayer for the RoundUp cancer connection, a product inherited from Monsanto.  According to the insight of Brown, LLC, it is likely that Bayer will try to enter into a mass RoundUp settlement to avoid the continued exposure to other billion dollar verdicts. If that’s the case, the RoundUp lawyers at Brown, LLC want to speak with you as soon a possible if you’ve used Roundup and were diagnosed with lymphoma, but even if you don’t speak with Brown, LLC, its important to consult with a RoundUp law firm as as soon as possible to preserve your rights.

Bayer Silent After Reports Circulate of Multibillion- Dollar RoundUp Settlement

The Roundup Lawyers at Brown, LLC have noted in weeks leading up to this blog that the stars seems to be aligned for a prospective RoundUp NHL settlement, although nothing is ever guaranteed. Recent reports in the media have speculated that Bayer, a giant and internationally-recognized German company, proposed a global settlement for the RoundUp mass tort that was rumored by anonymous sources to be valued near 8 billion dollars.  With roughly 18,000 known claimants, if the information is correct that would amount to $400,000+ a case value.  Jason T. Brown, the head of Brown, LLC who has successfully litigated mass torts indicated that even if the 8 billion dollar settlement turns out to be true he wouldn’t be surprised if the claimant rate spiked to anywhere near 100,000 at the end of the day and the average case values work out to be $80,000 a case for those that qualify. 

The lawsuits focus on several claims that have been made regarding the weedkiller RoundUp that Bayer inherited from Monsanto. While several claims have been made, Bayer representatives have refused to provide any comments to the news and other publishing channels. The representatives from the company noted that they do not comment on pure speculation and the mediator involved rejected the idea that a settlement had been reached as of his last comments.

Lymphoma Cancer Claims Regarding RoundUp

More than 18,000 RoundUp lawsuits have been filed linking RoundUp to cancer. Bayer specializes in pharmaceuticals and recently acquired Monsanto Co, the manufacturer of the troubled weedkillers.

One of the primary ingredients that are found in the weedkiller, now sold by Bayer, has been linked to cancer. The name of the chemical that is mentioned in the lawsuits currently being investigated is glyphosate. While the substance has been linked to several cancers, it does seem like the majority of lawsuits that have been filed against Bayer are related to non-Hodgkin Lymphoma, although Brown, LLC recommends that anyone who has had significant exposure to RoundUp and been diagnosed with any lymphoma or lymphatic related disease contact a RoundUp lawyer as soon as possible.

While no official statements have yet been provided by Bayer or any legal representatives from the company, recent reports claim that the company is looking to settle the claims.

When Christopher Loder, spokesman of the Bayer brand, was asked to comment on the speculations that have been made in terms of the lawsuits filed against the company, as well as the reports regarding the possible settlement, he refused to comment. Christopher did mention that no comments are provided by him or the Bayer brand based on rumors that have been circulating.

In the last couple of weeks, progress has been made regarding the lawsuits filed against the company, however. In May 2019, a jury has awarded a group of plaintiffs who had existing cases open against Bayer with a verdict amount of $2 billion, which was later reduced to a multi-million dollar verdict.

The next trial against the brand was set to start on the 19th of August, 2019. Judge Brian H. May, however, announced this week that the trial had been postponed until January 2020. No specific information was given to media representatives regarding the reason why the trial was postponed.

At the moment, Bayer has already lost an estimated $30 million of the brand’s market value and needs to find a way out of this huge liability it’s inherited.


Bayer, a pharmaceutical company who recently purchased Monsanto and its controversial RoundUp weedkillers that have been linked to cancer, have thousands of lawsuits open against them related to the RoundUp Lymphoma cancer connection. Rumors of settlement can sometimes be just rumors, but the RoundUp lawyers at Brown, LLC indicate if you or a loved one have been diagnosed with NHL or any lymphoma related to RoundUp you should consult with a law firm as soon as possible, or call the lawyers at Brown, LLC at (877) 561-0000 to make sure you know your rights and if there is a settlement preserve your ability to participate.

More Smoke in the RoundUp Settlement Fire

According to an article in Bloomberg News, there are rumors that there is a RoundUp Settlement in the air for roughly 8 billion dollars, so it’s critical to retain a RoundUp lawyer as soon as possible.   RoundUp, a product used to treat weeds, has been linked to Non-Hodgkin Lymphoma (NHL) and other forms of lymphoma.  Our site has reported for some time that a settlement may be in the works based on certain indicia that seems to precede mass tort settlements, such as a massive escalation of RoundUp commercials, huge jury verdicts and the postponement of the upcoming trials, and Bloomberg seems to corroborate what we’ve been saying, although nothing is guaranteed.

According to the article Bayer who had taken over the Monsanto who made Roundup has offered as much as 8 billion dollars for 18,000 known cases, but when settlements like this tend to become public don’t be surprised if the amount of people injured with Roundup related NHL, CLL, MM or other lymphomas to double or triple.  If these numbers are correct, then average settlement value based on a 8 billion dollar settlement and 40,000 participants will be roughly $200,000 a case.  These numbers are comparable to Bayer’s settlement for the Yaz birth control litigation during its first round of settlements.

Bloomberg has focused on the story since the Bayer was hit with a 2 billion dollar verdict for a single case which made the marker value plummeted by $30 billion.  Publicly traded companies can’t continue to function with a huge uncertain uncapped liability like this on its books.

However, despite rumors of a settlement brewing the mediator in charge of the case calls the fact that dollar amounts have been discussed “pure fiction.”

Whether a settlement is weeks away or years away or not in the cards at all, it is still critical if you’ve been exposed to RoundUp or lost a loved one due to Roundup to consult with a Roundup law firm as soon as possible. The RoundUp lawyers at Brown, LLC offer free consultations of RoundUp related injuries by calling (877) 561-0000 and are only paid if they win your case, but even if you don’t retain Brown, LLC, it’s important to speak with a mass tort law firm as soon as possible to know your rights and preserve your rights.

Diagnosed with RoundUp Related Lymphoma – Here’s How to Help Prove Lymphoma

At Brown, LLC our Roundup lawyers are working hard for our clients to help prove exposure to Roundup if you or a family member has been been diagnosed with or suffered:

RoundUp Related Lymphoma

RoundUp Related Non-Hodgkin Lymphoma

Multiple Myeloma

RoundUp Related Death

Injury alone is not enough to build a case.  Recently there was a 2 billion dollar verdict on behalf of a family who used Roundup for over 30 years and developed Lymphoma.  You need to prove your case by illustrating you were exposed to one of the following products over a prolonged period of time before your Lymphoma diagnosis.

Exposure to the following products:


Roundup Pro

Ranger Pro Herbicide

Roundup Extended Control

Roundup ProMax

Roundup Concentrate MAX Control

Roundup Concentrate MAX Control 365

Roundup Pro Concentrate

Roundup QuikPro

Roundup Ready-to-Use

Roundup Ready-to-Use Max Control

Roundup Ready-to-Use Extended Control

Roundup Precision Gel

Roundup For Lawns

Roundup Ready-to-Use Poison Ivy

Roundup Weed & Grass Killer

Even if you’ve unfortunately been diagnosed with Lymphoma, if there is a Roundup settlement, in all likelihood we will be required to prove the exposure to Roundup, so the earlier you or your RoundUp lawyers start working on proofs for exposure the better.  On the flip side, litigation is a very serious matter.  You need to be truthful with your lawyers about exposure.  If you lie in a lawsuit or lie to your lawyers, you could wind up in trouble.  It’s one thing to know you’ve been exposed to Roundup and come up short with the proofs for one reason or another, it’s another thing to lie to your lawyers or the Court about your exposure. Please be candid with your Roundup Lawyers regarding possible exposure to RoundUp.  If you know you unfortunately had a lymphoma, and you weren’t exposed to RoundUp there’s still other cases you may pursue, for example for certain Allergan breast implants, or industrial Benzene exposure. For those that are confident they were exposed:

If you have ever worked in any of the following industries (“Industrial Exposure”):



Farmers/Agricultural Workers

Herbicide Applicators


Employees of Monsanto who worked on the Roundup

You or your Roundup law firm need to start gathering your employment and also develop a truthful and record that while employed there you used or were exposed to Roundup.  You will need to provide at least information on the Employer, City, State, Occupation, Job Duties and Dates of Employment, and any documentation that could prove the employment, such as payroll records, pay stubs and checks, and employment offer and/or termination letters.

If you claim you have been exposed at your own residence and properties/lands (“Residential Exposure”), you or the mass tort RoundUp Lawyers need to start working on proof that you were exposed to Roundup.  If you were exposed by items you purchased, you need to start right away looking for proofs that include the following:


Credit Card and hard copy Receipts, and online orders showing purchases at a place that sold Roundup (like Home Depot or Lowe’s).  From those receipts you need to see if we can obtain records of the actual transactions showing Roundup purchases.

Names and addresses of the stores that the Roundup was purchased from.

Declarations from individuals establishing you were exposed to Roundup, such as your family members and friends, which may be given lesser probative worth than declarations from independent third parties that know you were exposed.

Pictures of you from the past showing potential exposure.  That is many pictures in open fields, on farms, etc where you can establish Roundup was used.


The other day we wrote about something swirling in the air beyond Roundup and mentioned the next trial is only two weeks away.  Well, today Bayer has reported that the next trials may be postponed, another possibly symptom of a global Roundup settlement. In the past when there have been global settlements in mass torts, the proof of usage of the product has been critical.  You need to start working on this right away.  If you’ve been diagnosed with Lymphoma and were exposed to RoundUp and need a team of lawyers dedicated to helping you prove your exposure, please call our RoundUp law firm at (877) 561-0000, the call is free and confidential, and the lawyers are only paid if they win your case – call right now as your rights are extremely time sensitive.


Is there more swirl in the air than just RoundUp – Could there be a RoundUp Settlement lingering?

For those who have been afflicted with RoundUp related Non-Hodgkin Lymphoma or other types of RoundUp lymphomas, the question of whether Bayer who inherited Monsanto’s negligent product, will own up for and offer a global RoundUp Settlement. The trial score in Roundup is decidedly for the plaintiffs.  But plaintiffs is too pretty a word to describe people whose lives were ruined from exposure to RoundUp, afflicted with various stages of cancer and sometimes death.

There are no words that will bring loved ones back, no monies to reverse the preventable plague of cancer, and even though our lawyers sometimes are able to have some defendants say their sorry, Bayer almost certainly will not apologize for Monsanto and Monsanto will not apologize for Bayer.  So in the true era of corporate unaccountability, just like the poison that swirls until it’s inhaled, the language of remorse will be swallowed, but not uttered.  Instead they will blame, the system, blame the Judges, blame the trial lawyers, blame the juries, but never have the courage of introspection, integrity and accountability.

So how does anyone have finality with the RoundUp litigation?  One thing that corporations have to be mindful of are their profitability.  After the last RoundUp trial the jury was so incensed that they decided on a billion dollar verdict.  Just as the poison causing NHL is too difficult to swallow for families, big verdicts are incredibly difficult to swallow for corporations. 

As I write this in August of 2019 another trial lingers a couple weeks away, and perhaps a global settlement is in the works and that trial will be postponed, but probably Bayer will want to try to obtain a defense verdict leading into final RoundUp settlement discussions to try and use it as leverage to lower would in all likelihood feels like will one day be a billion dollar mass tort settlement.

As someone who has participated in class actions and mass torts and having a pulse of how these litigations proceed, my instinct, is that this is following the same pattern as the Actos mass tort litigation.  Juries were aggrieved with the conduct of Takeda that they paid $2.4 Billion to end that mass tort after a few juries rendered big verdicts.  Another symptom that could be an indicator that the consensus of experienced plaintiffs’ lawyers is that the case will settle is the increased frequency of Roundup Lawsuit commercials. 

It is critical that if you were exposed to Roundup and now have Non-Hogkin Lymphoma or other lymphomas that you retain an experienced RoundUp Lawyer right away.  Often times in mass tort settlements, the day the settlement is announced those that have representation may partake in it and those that don’t cannot. We strongly encourage you to call a lawyer right away, even if it’s not our firm, but The RoundUp Lawyers at Brown, LLC  are working around the clock fighting for people’s rights that have been injured by Roundup, so now’s the time to call (877) 561-0000 to learn your rights, discuss your case, have a team led by a former FBI Special Agent fighting for you whose only paid if they win your case.

Rounding Up RoundUp

It’s been widely known and litigated over the years that Benzene exposure can cause Non-Hodgkin’s Lymphoma (NHL), Acute Myeloid Leukemia (AML) & Myelodysplastic Syndrome (MDS).  But over recent years there has been a proliferation of litigation regarding the use of the pesticide RoundUp and it’s link to the various lymphomas.

Just like with the talcum powder litigation, the defendants try to point to every other cause other than their own product.  Although the link to talcum powder and ovarian cancer is consistently found by objective juries who hear all the evidence, Johnson & Johnson consistently says self-serving bootstrapping statements that it’s safe because everyone knows its safe, even when its own internal documents show otherwise.  Hundreds of millions of dollars have been awarded to victims of talcum powder.

Now, for the first time RoundUp victims have Rounded Up and had the opportunity to present the facts to a neutral jury.  Just like with the talcum powder litigation, the jury did not believe the defendants and came up with a $290 million dollar verdict for an individual dying from exposure to it.   The substance glyphosate is under worldwide scrutiny with many attempts to regulate and/or ban it.

With this major verdict on behalf of the glyphosate RoundUp victims more exposure is certain to come to this product liability action and perhaps others who have come down with signature types of diseases linked to these products will be able to have their day in Court and the juries may compensate them accordingly.

Just like with any other piece of litigation, rights may have time limits, called statutes of limitations.  Your ability to bring a lawsuit for injuries from talcum powder, Benzene or RoundUp exposure may be limited to when you first evidenced symptoms of the signature disease.  It is best to respectively consult with a Talcum Powder Ovarian Cancer Lawyer, Benzene Lymphoma Lawyer and RoundUp Lawyer to find out if you can still bring an action.

One thing is clear from the RoundUp verdict, weed killer is killing more than just weeds.

TALC IT ON – Johnson & Johnson Hit with Another Large Verdict for the Talcum Powder Ovarian Cancer Link

Twenty-two women who brought claims against Johnsons & Johnson in St. Louis Court alleging that talcum powder caused their ovarian cancer were vindicated yesterday after a jury who heard all the evidence came up with a $4.7 Billion Dollar verdict.  This comes with a string of verdicts against Johnson & Johnson who are perplexed how come neutral juries who keep evaluating all the evidence keep finding there is a link between talcum powder and ovarian cancer.

Johnson & Johnson has attributed the verdicts to bad science and experts but trial attorney Jason T. Brown commented, “Time and time again when juries are presented the evidence they see through the charade that Johnson & Johnson is putting forth.  To blame the experts is insulting to the multiple juries who have heard this case and equally insulting to Johnson & Johnson’s own experts who are some of the best that money can buy.  The juries simply don’t believe Johnson & Johnson.”  Mr. Brown points out that he was not on this trial team, but his firm does represent other women who had long term talcum powder usage and were diagnosed with ovarian cancer.

J & J will have a lot to digest and to discuss with its board as a billion dollar verdict sends a message.  Even a pharmaceutical giant like Johnson & Johnson can not afford to withstand billion dollar verdicts with another 9,000 ovarian talcum victims waiting in the wings for their day in Court.  Talcum Lawyer Jason T. Brown stated, “If there were a different mass tort and different defendant, they would have tried to figure out a way to pay all the woman they’ve harmed, but this is their flagship product and they want to keep fighting to beat down the woman who have already suffered so much.”  He also went on to say that while he thinks parts of the verdict will be sustained on appeal, he thinks it’s likely that the dollar amount will be remitted or reduced on appeal.

There is another docket of talcum cases in the District of New Jersey consolidated as a mass tort.  There have been no talcum trials or talcum verdicts in that docket.

Steer Clear of Taxotere?

There’s a thought that if something works, it works. Taxotere is used to treat cancer and it may be effective to some extent as an ingredient in chemotherapy for the treatment of different types of cancer, such as breast cancer, stomach cancer, head and neck cancer, non-small cell lung cancer, and prostate cancer. Sanofi-Aventis produces Taxotere which was first approved by the U.S. Food and Drug Administration (FDA) in 1996 for use in combating metastatic breast cancer.

The Link – Taxotere and Permanent Hair Loss

All chemotherapy has its risks and can cause to some extent temporary hair loss.  If one had to trade off hair for life, the choice is simple, life comes first.  But what if Sanofi-Aventis hid the risks of Taxotere and knew that is caused permanent hair loss when a drug just as good if not better did not have the same side effect?  Would an educated consumer when given the choice and knowledge choose Taxotere?

Alopecia is linked to Taxotere.  In fact, in December 2015, the FDA updated the warning label of Taxotere to list permanent hair loss as a risk of the product.

Taxotere Statute of Limitations

A Statute of limitations is how long there is to bring a claim.  This article is not giving any legal advice, but one should know that some schools of law logic suggest that one must bring a claim when the injury arises.  Others will say when the FDA updated the warning label in 2015 the statute of limitations may have run on knowledge of the injury.   Each state has its own discovery rule and statute of limitations which determine when an action may be commenced. It is best to consult with a Taxotere Law Firm to find out your rights and whether you still can bring an action.

Taxotere Settlements and Settlement Amounts

It is premature to discuss settlement amounts for Taxotere since no settlement has been announced.  Trial dates are scheduled for 2019 and bellwether trials can sometimes stimulate settlement discussion.  Speak with a Taxotere Lawyer to understand whether you’re eligible to participate in the Taxotere litigation and have a candid discussion about what your economic expectations are.

If you or a loved on took Taxotere and suffered Taxotere alopecia, Taxotere hair loss or other Taxotere Baldness, contact the JTB Law Group at (877) 561-0000 to know your rights.

Are You In Tune With Attune?

Attune is a catchy name for a replacement knee with a name suggesting harmony. Those that have had the implant however, may be experiencing significant discomfort and discord.

Across the country tens of thousands of people may have received the Attune Knee System which has a high rate of failure. The FDA warned about some problems with the device back in 2015 (https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfres/res.cfm?id=137734), but now lawsuits are starting to aggregate as those receiving the DePuy Synthes’ Attune Knee System have suffered through:

• Early Revision Required
• Loosening
• Instability
• Swelling
• Impaired Range of Motion
• Pain



According to the The Journal of Knee Surgery, some orthopedic surgeons reported that indicated there is a high-rate of premature failures of the Attune Knee System. The failures may be attributable to debonding related to the tibial implant-cement interface.

Knee Failure will lead to revision surgery which will lead to additional rehab and recovery time and extra grinding of the internal parts that are used to hold the system in place.

Depuy is standing by the safety of its knee and continues to advertise the product at https://www.depuysynthes.com/patients/knee/testimonial?utm_source=google&utm_medium=cpc&utm_campaign=Brand+-+Attune+-+DTC&utm_content=Attune+-+General&utm_term=attune+knee&gclid=CNmF9ZTGtdkCFRLQswodZzgGww&gclsrc=ds#prodTabBody3  Perhaps they’re able to still fully stand by its safety since they’re not standing on their own Attune implant?  In any event, the litigation continues regarding the alleged defect of this product and time will tell whether the product will continue to see as is or if there will be additional warnings or the FDA will take additional action.

Our lawyers at JTB Law Group are in tune with attune, and if you’re knee replacement has you out of tune, call us at (877) 561-0000 to speak with our product liability lawyers to see if you have a case.

Bad Drugs Lead to Big Settlement – ABC paying Do Re Mi

The False Claims Act (FCA) has teeth.  It calls for triple damages where a defendant does not admit to its liability promptly.  It permits a whistleblower to receive up to 30% of the recovery which incentives qui tam individuals with information to come forward and blow the whistle on unlawful conduct which mainly involves stealing from the taxpayers.  Well, if there’s a relator / whistleblower behind the Amerisource Bergen Corp (ABC) case, the whistleblower award could very well be over $100,000,000, that’s a hundred million dollars for doing the right thing, as the company told shareholders it is setting aside $575 million to handle the FCA allegations.

ABC pled guilty to a criminal count for allowing tainted drugs to make it to the United States and circumventing the FDA.   With the criminal plea for defrauding the FDA back in September 2016, ABC agreed to pay $260 million.   But that wasn’t enough as allegedly its subsidiary company Medical Initiatives Inc., continued to submit or knowingly allow false claims to be submitted to the government.

If you think defrauding the government out of hundreds of millions is dirty and disgusting, wait until you read what they did with the underlying medicine that was supposed to be distributed.   The company captured overfills from medicine that was supposed to be sterile and allowed it sit in a dirty unsterile environment and contaminate.  It then used the overfill as floaters and sold what it had already sold to others by repackaging it without regard for patient safety and deliberately circumventing the FDA.  There’s no way to say this is not profits before people and despite the False Claims Act potential settlement and the criminal conviction, unless and until companies are held accountable to the same account individuals are and people are jailed for such conduct, companies will continue to profit and put people at risk for those profits.

Permanent Injunction Entered against Utah Pharmacy

The U.S. District Court for Utah entered a permanent injunction against Isomeric Pharmacy Solutions LLC (Isomeric), William O. Richardson, its Chief Executive Officer (CEO), Rachael S. Cruz, its Chief Sales Officer, and Jeffery D. Brown, its Chief Operating Officer (COO). The consent order entered was an injunction prohibiting the defendants from distributing adulterated, misbranded and unapproved new drugs in violation of the federal Food, Drug, and Cosmetic Act.


A complaint was filed in July at the bequest of the U.S. Food and Drug Administration (FDA), alleging, the defendants failed to sufficiently remedy insanitary conditions that resulted in contamination.

Isomeric manufactures, labels, and distributes sterile drugs, including injectable hormones, injectable corticosteroids, and ophthalmic drops. The pharmacy/company is a direct to physician distributor. According to the complaint, there is a long history of the Defendants failing to maintain adequate sanitary conditions. According to Acting Assistant Attorney General Chad A. Readler “Compounding pharmacies must produce their drugs in a way that does not potentially endanger patient safety “The Department of Justice will continue to work actively with FDA to ensure that compounding pharmacies comply with the law and provide safe products that doctors and patients can rely on.”


Isomeric was involved in four voluntary recalls in 2016 and 2017 after an FDA inspection. The 2016 recalls involved three types of injectable suspension drugs: triamcinolone diacetate 40 mg/mL, methylprednisolone acetate/lidocaine HCl 40/10 mg/mL, and betamethasone acetate/betamethasone sodium phosphate.


FDA Commissioner Scott Gottlieb, M.D. stated, “Isomeric endangered the public health by manufacturing injectable drugs under poor conditions that compromised their required sterility and put patients at risk,” “We will continue taking strong enforcement actions against compounders who violate the Drug Quality and Security Act and put patients at risk by failing to produce sterile drugs in compliance with the law.”


According to lawyer Jason T. Brown, who handles whistleblower actions, “This appears to all be government action and rightful responsive action. While the 9th Circuit has just opened the door for plaintiffs to potentially file certain claims that blow the whistle on things like fraud upon the FDA, this particular case would be challenging to bring as a qui tam, but the government alone did a commendable job.”




$300M Benicar Settlement – DEADLINE to participate August 23rd, 2017.

Pharmaceutical companies Daiichi Sankyo and Forest Laboratories agreed to pay $300 million settlement of multidistrict litigation by users of hypertension drug Benicar who linked their cases of severe diarrhea to use of for people who used Benicar, Benicar HCT, Azor and Tribenzor.

The Master Settlement Agreement can be found on our site at Benicar Order No. 30.

Those eligible to participate in the settlement must have started using the product before May 1st, 2015, even if usage continued afterwards.  Some important information about the settlement:

  • People who used Benicar, Benicar HCT, Azor and Tribenzor, must be included in the Court Ordered census by August 23rd, 2017.
  • People need to prove usage of olmesartan medoxomil or:
    1. Benicar
    2. Benicar HCT
    3. Azor
    4. Tribenzor
  • Injuries include:
    1. Sprue Like Enteropathy
    2. Diarrhea
    3. Vomiting
    4. Dehydration
    5. Unexplained Weight Loss
  • To support the claim, one must include Medical Records and/or Hospitalization records, along with Prescriptions Records. Although in some cases substitute proof may be considered
  • The largest compensation amounts will go to people who:
    1. Have an official diagnosis of Sprue Like Enteropathy
    2. Have hospitalization over 121 days
    3. Lost over 50% of their body weight as a result
    4. Renal Failure
    5. Long Term Steroidal Use for more than 45 days
    6. Usage between June 1, 2009 to July 3, 2013
  • Many others with qualify for the settlement who have some of the conditions like diarrhea and usage of Benicar.

According to consumer rights advocated Jason T. Brown who heads a firm that handles mass torts, “This is an excellent settlement on behalf of those who were injured by this group of products.  The attorneys did a phenomenal job in obtaining this result. “  Brown also quipped how some of the first depositions in this case for one of the bellwether cases took place at his office.

“It’s also important for people to know that time is of the essence, “Mr. Brown continued, “If you think you were on Benicar or another olmesartan product like Benicar HCT, Azor or Tribenzor and had documented diarrhea, you should consult with an attorney immediately to preserve your rights.  It takes time to gather medical records and if you were injured, you should take part in the result.

Presently there are around 2,300 cases filed, and potentially many more that have been unfiled.

The settlement requires   95 %participation rate.  In 2013 the Food and Drug Administration issued an advisory that Benicar could cause diarrhea and weight loss. Although the Defendants do not admit liability with the settlement according to Jason T. Brown, “The apology is in the money.”

Are you sure about Essure?

The FDA stopped short of pulling Essure from the market, but is requiring them to conduct additional studies into the device. Bayer has indicated that since 2002 over 750,000 women have received the implant as a means of birth control. The FDA has received thousands of concerns, complaints and Adverse Event Reports (AERs) regarding it use with injuries that include severe pelvic plain and bleeds that require removal of the device. The litigation as a whole, however, has not fared well, as many of the cases were ruled pre-empted by the device standard set forth in federal law which indicates if the FDA has approved the device, you may not be able to commence an action. In contrast, Bayer has had to spend over a billion dollars settling litigation for women who took Yaz, Yasmin, Ocella, Safyral, Gianvi, and endured injuries such as deep vein thrombosis (DVT), Pulmonary Embolisms (PE), SVT – either superficial venous thrombosis or sagittal venous thrombosis, strokes or death. The case involved a new generation of hormone that caused an increased risk of clots. Women included in the settlement group had injuries contemporaneous with its usage until the label change in April 2012. Any form of birth control has side effects and it is paramount to speak with your doctor about the risks versus potential benefits. If you feel you are suffering from any adverse experience from the product, you should immediately communicate it with your doctor, or if severe enough call 911.