Articles Posted in Featured Lawsuits

lower testosterone drug heart risksRecently, we told you that there is a lot of research suggesting that testosterone treatments for men can cause an increased risk of heart attacks and strokes, leading to serious injury and death.  European drug regulators have jumped on board and have now launched their own investigation into the heart risks associated with low testosterone drugs.

Unfortunately, many men lose the ability to produce testosterone as they age, and their testosterone levels decrease. Testosterone plays a key role in the development of male reproductive tissues, as well as promotes secondary sexual characteristics such as increased muscle, bone mass, and the growth of body hair.

Without adequate testosterone, a man may lose his sex drive, experience erectile dysfunction, feel depressed, and have difficulty concentrating.  In steps treatment for low testosterone.  Unfortunately, with this treatment, in steps the risk for problems.

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stryker hip replacement settlement

Stryker hip settlements are being reached

Settlements are being reached in more Stryker Rejuvenate hip replacement cases filed in New Jersey state court.   More resolutions of these cases are likely to be imminent.

The first phase, a group of 10 cases previously selected for early mediation, has resulted in the conclusion of all 10 cases. Additionally, at least two cases from the second phase have resolved.  This is a harbinger of broad agreements on the remaining cases, not only for the 950 cases pending in New Jersey state court but also for the cases pending in the MDL class action.

What are the Stryker Claims About?

Stryker Rejuvenate hip systems were removed from the market less than two years after the design was introduced. While originally designed to last 15 to 20 years, they began to fail immediately.   So that was the first problem.  The second problem is that the Stryker initially did little to try to cure the problem.

What was the complication with this device?  Consisting of modular neck-stems with two pieces that fit inside of each other, they were designed to allow the surgeon to customize the length of the femoral component.  Traditional hip implants consisted of a single femoral component.  So you can see how this was an innovation.  Why did it so epically fail?   What happened was the rubbing of the neck and stem can release microscopic metal debris into the body as the chromium-cobalt neck rubs against the titanium femoral stem.  In simpler terms, the debris is caused by the micromotion of the metal joints rubbing in the artificial hip.  That’s not a good sign – or, a good product.
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stryker hip recall

Cases gear up for Summer 2015 trials

With more than 600 Stryker Rejuvenate hip cases centralized as part of an MDL in the federal court system [more on the MDL process], U.S. District Court Judge Donovan Frank has indicated that a small group of cases will be ready for trial in Summer of 2015.

This small group of cases, known as “bellwether” cases, are scheduled for early trials designed to get some preliminary data on how juries react to the cases, so that the parties can make informed decisions on settlement.  This is crucial towards moving the litigation forward and ultimately towards resolution.  Cases don’t settle because the parties disagree on the value of the claims.

Trying a few cases helps everyone take an honest look at the merits and the value of the cases.  Practically, many medical device companies have in-house counsel that tries to brainwash the real people making the decisions that plaintiffs’ claims can be defended.  Then you have the defense lawyers who are making plenty of money and have every interest in seeing the cases go on.  I think if the Stryker higher-ups see a few verdicts, they will stop listening to their in-house counsel and their outside lawyers because the juries will be speaking loud and clear.

So the only really bad news for plaintiffs is that the trials don’t begin until 2015.  There is no arguing with the fact that justice is painfully slow in these cases.

In addition to those cases filed in federal court, there are at least 873 cases pending in New Jersey state court, with additional claims filed in Florida state court.  In New Jersey, all of the Stryker hip lawsuits have been centralized before one Superior Court judge as part of a Multi-County Litigation (MCL).  MCLs consolidate the cases for discovery purposes, as there are similarities between the underlying cases such as witnesses and evidence that will be common to all of these Stryker hip lawsuits. 

Last year, a mediation process was established in an attempt to see if the Stryker Rejuvenate cases could be settled.  At least eight of the nine cases that have gone to mediation have agreed to settle. Continue reading

testosterone replacement heart attacksYesterday, 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 will 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.

testosterone therapy lawsuitsTestosterone 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.

testosterone replacement drugs heart attacksTestosterone 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.  Probably not the best way to find a lawyer.  Call 800-5538082 for a free consultation or reach out to us confidentially online.

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, and with sexual performance.  But are they aware that these drugs may cause heart attacks? Continue reading

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 stryker hip lawsuitsComplaint 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

bone graft lawsuitA 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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wright profemur lawsuitApproximately 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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