Articles Posted in Class Action

Published on:

On August 7, Endo International Plc agreed to a settlement amount of an additional $775 million that will allow the company to settle the remaining 22,000 mesh suits brought against them. This additional settlement agreement has now brought the settlement figure to a staggering $2.6 billion. The lawsuits brought against the company alleged that the company’s vaginal-mesh implants left some women incontinent and in extreme pain due the mesh implants eroding.

The August settlement agreement comes only a year after Endo International was slammed with over thousands of complaints due the devices produced by the company. As a result, the company chose to close and shut down one of the units that was based on producing mesh implants. Paul Campanelli, Endo’s CEO and president issued a statement last week in which he called this settlement an “important milestone” for the company. He also made a point to express that this settlement also allowed the company to “resolve virtually all known U.S. mesh product liability claims” against the company.

On the other hand, other companies that are producers of mesh devices, such as Boston Scientific Corporation and Johnson & Johnson, are still facing thousands of complaints from women who had one of their mesh products inserted/implanted and as a result suffered painful or unwanted negative side effects. Overall, mesh based lawsuits are showing to be one of the main mass tort claims in history with the total number of transvaginal mesh lawsuits currently rising to over 100,000 filed complaints.

Published on:

In the first bellwether product liability trial regarding the blood thinner Xarelto a New Orleans jury has ruled in favor of Johnson & Johnson and Bayer. Although this is not a favorable decision for the plaintiff, those bringing future lawsuits should not panic.

The lawsuit was brought by Louisiana resident Joseph Boudreaux. Boudreaux brought the suit against Johnson & Johnson and Bayer, the joint developers of Xarelto, after the drug allegedly caused him internal bleeding that required a lengthy hospital stay in the intensive care unit, multiple heart procedures as well as many blood transfusions. This uncontrollable internal bleeding occurred only one month after Boudreaux began taking Xarelto.

Currently, the total number of Xarelto based lawsuits is over 16,000 and growing. Xarelto is an anticoagulant that is commonly used to treat blood clots. The anticoagulant is Bayer’s top selling drug and is Johnson & Johnson’s third highest selling drug. The lawsuits are being or have been filed by patients that used Xarelto and experienced negative side effect, most commonly internal bleeding. Many of the lawsuits are based on the claim that Johnson & Johnson and Bayer did not adequately warn individuals of the possible risks linked to Xarelto, thus claiming that they were misled.

Published on:

In today’s day and age there are different corrective procedures that an individual suffering from the unbearable or unwanted pain of a hernia can undertake. One of the more common procedures is to undergo hernia repair mesh surgery. When a hernia repair mesh surgery is undergone, the medical professional must choose the type of mesh that is going to be used during the procedure.

One of the mesh materials that may be used by the medical professional is the Atrium C-Qur Mesh. Atrium C-Qur Mesh is known for combining Atrium’s polypropylene mesh and an Omega 3 gel coating. Although, polypropylene may cause damage to the surface of any organ that it is contact with. Recently, the C-Qur mesh material has been under the spotlight and at the helm of injured individuals’ lawsuits, after undergoing surgery that used this type of C-Qur mesh material, against Atrium.

One of the motivations behind the lawsuits is focused of the belief that the FDA should issue a recall on the C-Qur mesh due the frequent reports of patient’s negative side effects linked with Atrium C-Qur Mesh. Atrium has recalled the C-Qur’s packaging, but has not recalled the hernia mesh itself. Many of the individuals that are pursuing lawsuits also allege that Atrium knew or should have known about the potential negative side effects of internal injuries to the patients, but chose to withhold that information from the public as well as those throughout the medical field.

Published on:

A hernia exists when there is a hole or an overall weak area in the muscular wall that typically maintains organs located in the abdominal region in their place. In many instances, individuals will produce a noticeable bulge as a result of the push through the hole or overall weak area. For some individuals, their hernia may be painless, for others it may cause serious pain or overall discomfort and as a result must take the necessary actions to help alleviate their ultimate suffering.

Typically, an individual will have a hernia located in upper stomach, groin, belly button, high in the thigh or near a past surgical scar/incision. Those diagnosed with a hernia frequently have pain in the area, which can be found in the form of pressure or heaviness on the affected area or a burning or aching responsiveness at the affected area.

The most common leading causes of a hernia include, but are not limited to:

Published on:

Recently, a federal court has unsealed documents that cast a dark shadow on the research and safety practices of the chemical company Monsanto. Monsanto’s primary product is Roundup, which is currently being used from large farms to everyday home gardens across the world in order to help kill weeds.

For many years, the use of this product was thought to be moderately safe. Although, recent events in federal court have led the court to the findings of an international panel that claimed the use of the weed killer Roundup, due to its key ingredient glyphosate, may be linked to causing cancer.

The documents were unsealed by Judge Vince Chhabria. He is presiding over a current matter in court where an individual has claimed that their exposure to glyphosate caused the development of their non-Hodgkin’s lymphoma.

Published on:

Xarelto (rivaroxaban) is commonly marketed in the United States as a blood-thinner generally prescribed to combat blood clots. Although, the serious nature of the side effects caused by Xarelto are leading to a staggering number of lawsuits.

Current and former users and their families are claiming that the risks and side effects of Xarelto were not made clear when they were prescribed the drug. Also, those who have used Xarelto are alleging that they were not properly warned about the negative effects of Xarelto prior to their usage of the drug.

Those bringing suit found that the drug caused them to suffer from harmful side effect(s) due to their consumption of the drug. Xarelto side effects may include, but are not limited to:

Published on:

Biloxi, Mississippi was the scene of a gruesome collision between a charter bus and a CSX freight train on the morning of March 7. As a result of this accident, four individuals passed away during the collision, as confirmed by the local coroner’s office. Additionally, more than 35 passengers were injured and were hospitalized as a result of their injuries.

The total number of passengers on the character bus, during the collision, was around 50. The majority of the passengers were elderly individuals from Bastrop Senior Center, located near Austin, Texas. It has been reported that the charter bus was heading towards the Boomtown Casino as a part of their casino charter trip.

Biloxi Police Chief John Miller addressed this matter at a press conference. Miller explained the crash as a “terrible, chaotic scene.” He was also quick to add that the Biloxi police department was doing all that it could in order to assist those passengers of the bus.

Published on:

On Friday, a St. Louis jury chose to reject a woman’s claim that Johnson & Johnson baby powder played a role in her cancer diagnosis.

Nora Daniels, a 55-year-old woman from Tennessee, brought the unsuccessful claim against Johnson & Johnson. Daniels based her claim against the company around her usage of Johnson & Johnson baby powder from 1978 to 2013 in alleged connection with her cancer. Daniels stopped using the Johnson & Johnson powder product in 2013 when she was diagnosed with both ovarian and uterine cancer. As part of her treatment, she underwent a hysterectomy and was forced to have her ovaries and fallopian tubes removed. Also, Daniels made a claim that Johnson & Johnson refused to warm the public of the potential link between their product and major health concerns.

Before Friday’s decision, Johnson & Johnson had lost the previous three lawsuits brought against the company for similar types of claims regarding their talc powder products. The previous three decisions, also made by Missouri juries, awarded an overall amount just under $200 million. Last year, in those three previous judgments, plaintiffs and plaintiff’s families were awarded $55 million, $70 million and $72 million.

Published on:

According to a Washington University research study, published recently in the medical journal of neurology, the current safety standards in place for welders may be cause for major health concern. The present safety standards spotlight the inadequate safety measurements currently in place to protect welders from the harmful fumes that they encounter on a daily basis.

The published study observed the long-term effects of airborne manganese on welders with its connection to symptoms that are correlated with parkinsonism. The results amplified over the welder’s lifetime due to their corresponding individual exposure level. Welders frequently encounter instances when manganese may found in base metal and the welding rod therefore it may be airborne, then inhaled by the welders. When exposed to high levels of manganese, it has been found that similar neurological problems found in Parkinson’s disease can be found in those individuals. The problems may include but are not limited to:

  • Movement abnormalities
Published on:

It has been announced that Amtrak has agreed to a pay out in a one of the largest railroad crash settlements in the history of the United States, in the amount of $265 million. The payout is the result of a court order recently issued on the claims that related to the high-speed derailment that occurred in 2015 in Philadelphia. Tragically, that Philadelphia derailment took the lives of eight and injured more than 200 individuals.

Judge Legrome D. Davis, of the Federal District Court for the Eastern District of Pennsylvania appointed two masters in order to evaluate the claims of each of the plaintiffs. The masters were tasked with then making recommendations as to the appropriate amounts each person or estate is to be rewarded as a result of the derailment. The factors that were and will continue to be taken into account include: plaintiff’s occupation; plaintiff’s lost earnings; plaintiff’s time out of work and plaintiff’s future medical expenses among other characteristics. Ultimately, the judge has the final approval and can modify any amount as is necessary.

The exact amount of total plaintiffs named to this claim is currently unavailable, but it is known that it exceeds 100 individuals and estates. This means that if the total damages exceeds the the court ordered capped amount of $265 million then each of the plaintiff’s claim will be decreased proportionality and if the total damages amounts to less than the $265 million, then the opposite will occur proportionality under the court order.