Articles Posted in Featured Lawsuits

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gelYesterday, I mentioned how fast the testosterone replacement heart attack litigation is progressing.  Of course, to have litigation you need lawsuits.  Here they come.  A lawsuit has been filed against AbbVie, makers of AndroGel, a testosterone gel that is used to treat conditions in men that result from a lack of natural testosterone.  This won’t be the last claim filed against AbbVie.   They are a big player and they are going to have a target on their back.

Everyone has known there side effects of this medication, such as  nausea, vomiting, headache, dizziness, and change in sexual desire. Heart attacks and other serious cardiac events are a different animal.  

 A North Carolina man has filed a product liability failure to warn lawsuit claiming that the gel caused him to suffer a pulmonary embolism.  Recent studies have found that testosterone therapy increases the risk of deep vein thrombosis (DVT) which can lead to life-threatening complications including pulmonary embolisms.  DVT is where the body develops blood clots in the deep veins, most commonly in the legs.  These blood clots can break off and travel through the body resulting in potentially life-threatening complications.  According to the Plaintiff, he suffered blood clots in his lungs and legs after receiving a prescription for the testosterone gel.

AndroGel is a topical gel that is applied to the upper arms as a testosterone replacement therapy.  It is designed for men suffering from testosterone deficiency caused by medical conditions such as hypogonadism.  It causes the hematocrit level to increase, thereby thickening the blood.  If not monitored and controlled properly, it can lead to serious health issues including pulmonary embolism, deep vein thrombosis, and other blood clots.

Testosterone replacement therapy was never approved by the FDA for any treatment other than to treat men who have medical conditions resulting in lower testosterone than normal, though the Plaintiff in this matter indicates that he began using AndroGel after viewing advertisements that encourage older men to use the testosterone therapy if they are experiencing decreased sex drive, weight gain, depression or lack of energy.  Critics have suggested that the market for these drugs was created by aggressive television advertisements encouraging men to seek prescription treatment for low testosterone if they are suffering from any number of common symptoms that are experienced by men of all age.  In fact, studies have suggested that many men receiving testosterone treatments have no real medical need for the drugs.

Additional Health Risks

In addition to concerns of pulmonary embolism, deep vein thrombosis, and other severe health related issues, the FDA recently launched an investigation into testosterone therapy,  after research revealed an increased risk of heart attack, stroke, or sudden death.  Most testosterone drugs, incredibly, currently carry no mention of an increased cardiac risk in their advertising materials; however, researchers found a two-fold increase in the risk of heart attack in the three months after an initial prescription among men aged 65 years and older, and a two to three-fold increase among younger men with a history of heart disease.    

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There is no doubt that Testosterone Replacement Therapy (TRT) is big business.  It has brought huge profits for companies with sales in the billions of dollars.  Over 5.3 million prescriptions were written for these drugs in 2011.  But huge profits shouldn’t come with a huge price to pay for the consumer.  If you or a loved one has used one or more of these products, and have suffered any ill effects, call our attorneys at 1.800.553.8082 or online here.  Our attorneys are currently reviewing potential lawsuits and we want to talk to you.

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testosteroneTestosterone therapy lawsuits are quickly gaining steam.  These cases seemed like a plaintiffs’ lawyers reach just a few months ago.  Now the science on these cases is coming together faster than anyone could have imagined.

Weeks ago, the FDA announced that it is investigating potential testosterone therapy risks.  This is a big deal.  The FDA does not stick its nose into an approved product unless it is pretty concerned.

Testosterone is approved for the treatment of hypogonadism due to known diseases of the testes, pituitary and hypothalamus. Although the use of testosterone therapy is increasing, the FDA indicated that the products were never approved for any use other than to treat men who have medical conditions resulting in lower testosterone than normal.

In response to the recent developments, a group of endocrinologist experts is calling for large scale studies of testosterone replacement therapy (TRT) medications such as AndroGel, Testim, and AndroDerm.  Recent developments include a  just published November 2013 study in the Journal of the American Medical Association, found that testosterone drug side effects were linked to increased risks of hearth attacks, strokes, and even death among older men with certain pre-existing heart problems.  That study was followed by another one, published in PLOSOne, that indicated that low testosterone treatments may double the risk of heart attack for younger men with heart disease and men over the age of 65, regardless of their prior heart conditions.

The experts, Endocrine Society, are calling for the development of more large-scale randomized controlled trials to determine the true risks and benefits of testosterone therapy in older men.  They have released a statement recommending that middle-aged and older men who are considering testosterone supplementation for age-related declines should be informed of the potential cardiovascular risks.  They are further concerned that it may be prudent not to administer testosterone therapy to men who have had a cardiovascular event (such as myocardial infarction, stroke or acute coronary syndrome) in the preceding six months.

What was known about testosterone replacement therapy?

Critics of TRT have suggested that the manufacturers of these medications knew or should have known about the risks, and as such, conducted additional studies.  A study in 2009, comprised of more than 200 older, frail men, was ended early after researchers determined that individuals receiving TRT had a spike in heart attacks. While this information was discovered in 2009, millions of men who have been taking hormonal treatments are learning for the first time of the extent of the risk between this medical treatment and these sometimes fatal heart conditions.

TRT is big business.  The use of these drugs has exploded in the last few years, with nearly $2 billion in sales in 2012 alone.  Over 5.3 million prescriptions were written for these drugs in 2011.  As such, we anticipate the number of injury lawsuits filed will be huge.  How many men would not have had the treatment if they had known of the potential side effects?  The exact answer is unknown.  But if you assume as at least one study has suggested that it doubles the risk of a heart attack, the number of claims are going to be extraordinary.

What should you do now?

If you suspect that you or a loved one has had an adverse reaction from any of these medications, our attorneys are currently reviewing potential lawsuits that allege that these companies knew that the risks greatly outweighed the benefits for many patients and failed to adequately warn doctors and patients of the potential risks. If you believe you may have a case, call our attorneys at 1.800.553.8082 or online here.

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TestosteroneTestosterone replacement drugs are ubiquitous.  It is hard to sit through an afternoon of TV without hearing a commercial for a drug that helps men fight “Low T” or “Low Testosterone.”   We are seeing even more commercials now.  These new commercials are from lawyers talking about testosterone replacement lawsuits.

The Passion for Testosterone

Getting older, I can testify, is not fun.   We are easy prey to the lure of testosterone supplements.   These drugs promise to inject, if you will, a sense of youthful vigor back into both the physicality and sexuality of men.  It is, as the commercials say, for energy and libido, among other things. 

These advertisements, which market familiar brands such as AndroGel, Androderm Testim and Axiron, have been extremely effective.  Accordingly, the use of these drugs has exploded in the last few years, with nearly $2 billion in sales in 2012 alone.  In fact, over 5.3 million prescriptions were written for these drugs in 2011.  At present, nearly 4% of men over 60 are taking a testosterone booster.  Men cite the fact that these drugs are effective in treating bone density issues and muscle mass deficiency, as well as with sexual performance  But are they aware that these drugs may cause heart attacks? Continue reading →

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A new process is now in place for the filing of new Stryker Rejuvenate hip lawsuits.  The new procedure will streamline the process of filing a lawsuit utilizing a Master Complaint and Short Form Complaint to standardize the process of filing additional lawsuits directly into the current federal MDL.

What does this mean to victims?  Nothing.  This is all logistical stuff for the lawyers to worry about.  But some people like to stay more informed than others about these cases.  If you are one of those “want to be informed” people, this post is for you.

The Master Complaint

The Master Complaint addresses all of the common allegations already raised in the Stryker Rejuvenate hip lawsuits and ABG II hip failures.   You might ask, “What is a Master Complaint?”  A complaint is legal document in which you file a lawsuit.  In mass tort cases like this one, there are some allegations that are common to all of the plaintiffs bring clams against the manufacturer.    Obviously, an individual lawsuit includes other allegations: who they are, the product, and other case specific information. Continue reading →

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humirajudgeopinionFiling for St. Jude Riata defibrillator lead lawsuits is alive after a critical ruling by U.S. District Court Judge James V. Selna.

The background of this motion was ominous for plaintiffs.  The court had previously kept their claims alive by a shoestring and struck many of the key “failure to warn” claims that were made in the lawsuits.   Plaintiffs received an opportunity to cure the defects in the Complaint which they, thankfully, did.

Judge Selna denied a motion to dismiss that was filed in multiple product liability lawsuits filed on behalf of individuals who experienced problems from the leads. These suits allege the manufacturer improperly designed and sold a defective product. Although St. Jude attorneys maintained that the product was FDA approved, Judge Selna determined the allegations were based on violation of FDA regulations.

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lipitor, lawsuits and profits

Lipitor Statute of Limitations

If you took Lipitor and developed diabetes, you could be facing a deadline (or what is known as a statute of limitations) to file a product liability claim against Pfizer.

What am I talking about?  Different states have different rules for how long the statute of limitations is and different rules for what triggers the running of the statute.  For some states that have a two year SOL, it is possible that limitations could be found to run in February which is the two year anniversary of Pfizer putting a strong diabetes warning on its it product in February, 2012.

No one knows how the SOL issues will flush out in any case.  But the take home message is clear:  if you are sitting home wondering whether to file a claim, the clock is ticking on your claim (and it could have already struck midnight).  The best way to be safe is to call a lawyer immediately and let them investigate what the deadline is for bringing your claim. Continue reading →

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simply thickSimplyThick, LLC is facing over 20 different lawsuits from parents of children who have experienced serious injuries or death from the food thickening agent. These lawsuits claim that the infants were severely ill and/or died after experiencing necrotizing enterocolitis (NEC). Continue reading →

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infuseA Missouri federal district court judge has ordered a Medtronic bone graft lawsuit back to state court.

The case stems from an off-label spinal fusion procedure. Plaintiff sued Medtronic and his surgeon claiming that Infuse bone graft was used in a manner that had not been approved by the U.S. Food and Drug Administration, and was therefore an unauthorized off-label use.

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metalonmetalApproximately five days prior to trial, and one day after a judge denied Defendants’ attempt to dismiss, a settlement was reached in a pending Wright Profemur lawsuit.  This is one of at least two Wright Profemur hip settlements that have been reached just before trial.   The terms of the settlement were not disclosed.

I don’t know what they are, either.  But let me tell you how much I think this case settled for: more than the market value for the claim.  Why?  Because the attorneys handling these case for Wright are pretty smart.  They know full well the best way for the settlement value of these cases to get completely out of hand is to let plaintiffs start seeing jury verdicts.  Right now, Wright can pretend that they are someone situated different than DePuy.   Everyone who is in these cases – on both sides – knows the real score.  But the last thing Wright needs at this point is a big verdict to get plaintiffs’ expectations soaring through the roof.
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