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Auto parts manufacturer has now doubled the size of its defective air bag recall.   Takata has already issued a recall for 18 million airbags.  This new recall will push that number to approximately 34 million. This is the largest auto recall in human history.  Actually, it is probably the largest recall of anything in history.

Did you watch Game of Thrones last night?  The last scene with Sansa and Ramsey was inevitable, right?  This recall was even more predictable.  Everyone and their mother saw this coming. Federal regulators have been pushing for this for what now seems like forever. Why didn’t they push hardshutterstock_161718986r?  I have no idea.  This has been 15 years in the making when customers first began filing complaints.  The first recall as in 2008.  The handwriting has long been on the wall.

Takata has reportely also agree to cooperate with the federal government in ongoing probes and oversight of the train wreck of an air-bag supplier.  Really, I’m not sure how they stay in business.  Who is buying their airbags?  How are they going to pay for the lawsuits that are coming, not only from victims, but from car makers?

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Over the past few years, hundreds of individuals affected by the anticoagulant Xarelto have sued Bayer/Johnson & Johnson, claiming that the drug company failed to warn individuals about the potential serious bleeding risks associated with the drug. The federal judge overseeing the litigation has ordered the Xarelto2parties to select various cases to go forward for additional discovery and trial as part of the “bellwether trial” selection process.

Xarelto Mutidistrict Litigation Update

Starting late last year, Xarelto litigation has been consolidated before Judge Eldon Fallon of the Eastern District of Louisiana. Around 400 different Xarelto cases have been floating around the federal judicial system, so multidistrict litigation (MDL) is a tool that the parties use to avoid doing the same discovery over and over again while making sure any pretrial rulings are consistent across the board.  Basically, it is a class action lawsuit for the purposes of pre-trial discovery and then the court usually sets in some bellwether trials so both parties can see how the cases are likely to play out.

So a big part of the MDL process involves selecting a few individual cases to serve as bellwether cases. These are used as a sneak preview of sorts for the parties to see how juries will react to various aspects of trial. Earlier this month, Judge Fallon ordered the parties to meet prior to June 15 and come up with a process for selecting between 40 and 60 potential bellwether cases. Once these cases are selected, the parties will go though specific discovery to eventually determine which cases should eventually be tried. The cases selected from the “bellwether pool” will be set in for early trial dates, giving both plaintiffs and defendants the opportunity to see how things work out in the courtroom.

  • Get a 2015 Xarelto case update here

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Takeda, manufacturer of the drug Actos, settled thousands of cases at the end of last month for $2.37 billion amid allegations that the drug causes bladder cancer. takeda logo

Background

Lawsuits against Takeda began to spring up a few years ago when a study linked Actos to bladder cancer.  At the time, Actos was a groundbreaking drug used to treat Type 2 Diabetes, but as more and more people began taking the drug, those same people began to develop bladder cancer. In fact, a European study actually suggested that Actos raised the chance of bladder cancer by around 83%.  While other countries banned the drug outright, Takeda never recalled Actos in the U.S.

Sure, a 2014 study suggested that there was no correlation between Actos and bladder cancer. The study was a substantial 10 year analysis, which sounds on the face of it pretty sound.  The study had just one flaw: it was financed by Takeda.  Classic.

But even a later Takeda funded study could not hide the fact that the drug was linked to an increased chance of bladder cancer.  Then the company took a left hook to the chin.   A jury awarded an Actos user $9 billion in a 2014 case. A judge later reduced the damage award, but this certainly gave Takeda an indication of how an Actos case might play out in front of a jury.  I think Takeda got the message from a jury that clearly reviled what Takeda did.  It is like a boxer getting knocked out.  You are never the same after taking a hit like that.  Your defense lawyers come flying off their high horses pretty quick.

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Lawsuits have been filed claiming that the makers of Androgel, AbbVie, failed to warn thousands of men about the potential side-effects of the drug. These side-effects include heart attacks, blood clots, stroke, and even sudden death in extraordinary cases. As the litigationandrogel-lawsuit wheels are starting to turn here, AbbVie is trying to gum them up with objections to slow down the process.  You could say everything is going according to plan….

Androgel Lawsuits

If you are reading this you probably already know this but let’s recap where were are. Currently, there are about 800 lawsuits against AbbVie percolating around the federal court system. The various suits allege that the makers of Androgel, AbbVie, neglected to warn thousands of men about the serious side effects of the “Low-T” treatment drug. This drug has certainly been a big hit, understandably so considering that it promises men physical enhancement to counteract the forces of aging. But thousands of lawsuits allege that low-T drugs can lead to heart attack, stroke, pulmonary embolism, deep vein thrombosis, or other injuries, prompting men across the U.S. to sue AbbVie and the other manufacturers for not being adequately warned of the risks.

That really is what this is about.  No one — at least few people — are calling for a low-T recall.  The risk might outweigh the benefit for some although probably not many of us.  It is about giving patients and doctors a choice. Tell us what can happen at let us make the call.

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uber-logoAfter a night on the town, a taxi is no longer you’re only option to get back home. Uber, and other “ride-sharing” companies, have given the taxi companies a run for their money by offering cheap(er) and easier transportation. The idea is great: link drivers and those in need of a ride via smartphone app, allow them to communicate with the tap of a finger, and get rid of on-the-spot payment.

Riders are happy because they can get from A to B cheaper and faster.  Driver are happy because they can earn a living (or extra money) as a cab driver without dealing with the logistics of a cab company which have been historically some of America’s worst run businesses.  Of course, Uber is happy too because they make so much profit by brokering the transaction that their company may be worth as much as $40 billion.

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gelFor months now, we have been writing about the onslaught of information pouring in regarding testosterone therapy and the negative side-effects associated with its use.

Testosterone products, prescribed to treat low testosterone (“Low T”) in men, have become popular among young men seeking physical enhancement, as well as older men who want to counter signs of aging.  Research, however, shows that low testosterone treatments may double the risk of heart attack for young men with heart disease as well as for men 65 years of age and older, even those who have had no heart problems.  Is it worth the risk if not medically necessary?   The FDA says no.

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I recently heard that if we all keep taking antibiotics we are going to be responsible for creating the “superbug.” The theory is that since the advent of antibiotics nearlyshutterstock_227824582 a century ago, we have caused bacteria to become so resilient that normal antibiotics will be ineffective in the not so far future. Incurable infection and bacteria will purportedly run rampant through the streets, and I can only assume that our society and landscape will be a barren wasteland similar to that of Mad Max. Ok, maybe not that last part, but there’s no denying that there has been a serious proliferation of antibiotics. While these have revolutionized medicine and generally increased health on the whole, there are complications that can arise unrelated to the infections that antibiotics are prescribed to treat.

Recently, a group of antibiotics referred to as “fluoroquinolones” have been linked to permanent nerve damage. The risk is real, and the side effect is referred to as peripheral neuropathy.

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The data that links Zofran and birth defects keeps piling up. Lawsuits have been filed against the drug’s manufacturer, GlaxoSmithKline, because they failed to warn pregnant women that the drug can cause injuries to their unborn children when taken during pregnancy.

  • Learn more about how to bring a Zofran lawsuit and how settlements of these claims might work

What is Zofran and what does it do?

sickwomanZofran is an excellent nausea drug that was originally approved for use in individuals who were undergoing surgery or chemotherapy. The nausea associated with these surgeries is unbearable, and Zofran does a wonderful job of helping people deal with the pain.

But the organizations that make drugs like Zofran are corporations, and what do corporations like to rake in? Profits. So naturally, GlaxoSmithKline tried to figure out other ways to increase their market share for Zofran. One of the ways it did this was to push the drug “off label” on pregnant women suffering from morning sickness. Given the effectiveness of the drug in fighting nausea, this seemed like a good idea. However, the FDA did not and has not approved the drug for such usage, which comes as no surprise given the threat of birth defects to unborn children of mothers on the drug.

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I think sample settlements and verdicts are a useful tool in conjunction with other tools to help victims better understand at least the range of values in a medical malpractice case.  Clearly, no two cases are the same and you cannot summarizes a case in a paragraph.  Sometimes, I have tried or settled cases where there is no way I could summarize the case in a way that would explain why the plaintiff won or why the verdict was as high or low as it was.  Said differently,reading these is important and education in understanding the value of medical malpractice claims in Illinois but you can only learn so much from these.  If you have what appears to be an exactly identical case, the results could be very different.

All of these verdicts are from 2014.  Illinois is a big state  A lot of cases go to trial here.

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medicationwarningBenicar, a commonly prescribed medication used to treat hypertension or high blood pressure, has been prescribed over 58 million times since its introduction in 2002.  With numbers like that, amounting to more than $4 billion in sales, it’s a surprise Benicar manufacturer Daiichi Sankyo, isn’t facing more lawsuits – yet.  Yet being the key word here as more lawsuits are expected to come down the pipeline.

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