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.”

 

https://www.justice.gov/opa/pr/district-court-enters-permanent-injunction-against-utah-pharmacy-and-its-executives-prevent

 

$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.