Product Liability

March 16, 2011

Yaz Yasmin Ocella MDL Lawsuits March Update

As Dallas Yaz/Yasmin/Ocella lawsuit attorney, I am providing this litigation update for folks who have either filed or contemplating filing a lawsuit against Bayer for the personal injuries they have suffered as a result of taking these medications.

This week, plaintiff attorneys who have filed a Yaz, Yasmin or Ocella lawsuit against Bayer, filed a motion in Southern Illinois federal court to extend deadlines for the discovery process.

The parties have asked that the specific discovery deadline for bellwether cases to be pushed back to April 14, 2011 and for the first trial to be pushed back from September, 2011, to January, 2012.

About 6,500 cases are currently in the federal MDL Yasmin and Yaz litigation. All of the lawsuits involve allegations that Bayer failed to adequately research their birth control pills or warn that Yaz and Yasmin may increase the risk of blood clots when compared to other birth control pills, resulting in strokes, pulmonary embolism, deep vein thrombosis, and gallstones.

The plaintiff attorneys say they have received over 50 million documents from Bayer to review and anticipate millions of more pages of documents that will need to be produced before trials can commence.

In October 2010, a Case Management Order (CMO) was filed in the federal MDL, scheduling three bellweather Yaz and Yasmin trials to occur in September 2011, January 2012 and April 2012. Cases are being prepared for these trial dates to help both parties test the strengths and weaknesses of cases and facilitate a Yaz/Yasmin/Ocella settlement.

According to allegations in complaints, the increased risk of Yaz, Yasmin and Ocella is linked to the use of drospirenone, a fourth generation progestin that is only found in these oral birth control pills and their generic equivalents.

March 15, 2011

DePuy Hip and Knee Replacement Lawsuits

by Dr. Shezad Malik

As a Dallas Hip and Knee medical device product liability attorney I am providing this update regarding the Zimmer Durom Cup litigation involving premature hip replacement failure and the current DePuy metal on metal ASR hip replacement lawsuits.

For medical device makers, hip and knee replacements are increasing in the next few decades because of the surge in baby boomers. As a result we expect artificial hip and knees implant failures to increase.

In the Zimmer Durom Cup Product Liability Litigation, MDL NO. 2158, which is pending in the US District Court in Newark, New Jersey, the Court ordered all cases to proceed to mediation. Zimmer said they are anxious to settle for a “fair amount,” which will include lost wages and medical bills and revision (or replacement) surgery as a result of failed Zimmer hip. The first mediation started in San Francisco and mediations will follow nationwide so that the Zimmer victims can meet with Zimmer representatives.

The Durom Cup was implanted in more than 12,000 patients in the US between 2006 and 2008. In July 2008, Zimmer announced that it was temporarily suspending sales of the Durom Cup in the US, but denied any “evidence of a defect with its product.” The complaint alleges that the failure rate of the Durom Cup is between 20 percent and 30 percent and likely will climb much higher in the next few years.

Now we have litigation that has commenced with the DePuy metal on metal ASR hip replacements. These Johnson and Johnson metal on metal ASR hips also fail at an unacceptable rate. These cases have been consolidated in the Northern District of Ohio federal court MDL.

March 10, 2011

Topamax Topiramate Cleft Lip and Cleft Palate Lawsuits

by Dr. Shezad Malik

As a Dallas Topamax Cleft Lip and Cleft Palate attorney I am providing this update regarding Topamax and Topiramate Lawsuits.

Was your child born with a cleft palate or cleft lip after the use of Topamax (topiramate) while pregnant? If so, you should know that the United States Food and Drug Administration (FDA) has increased its warning of these birth defects caused by Topamax. The FDA announced that “there is positive evidence of human fetal risk” and warned that taking this medication during pregnancy created a higher risk that the baby would develop a cleft lip or cleft palate.

Medical providers who treat migraine headaches are warning women of childbearing age about the pregnancy risks with Topamax, and warn that contraceptives should be used to avoid getting pregnant while on the medication.

Use of the epilepsy and migraine medication during the first trimester of pregnancy, could cause babies to born with the serious malformations from side effects of Topamax.

Topamax (topiramate) was first approved for treatment of epilepsy, and in 2004, the FDA approved Topamax for use of treating migraines. Generic forms of the drug began to appear in 2006.

The FDA estimates that approximately 32.3 million prescriptions for Topamax or a generic equivalent were issued from January 2007 through December 2010.

According to data from the North American Antiepileptic Drug Pregnancy Registry, children born to mothers who took Topamax while pregnant had an oral cleft birth defect about three times more often than infants born to women who took other antiepileptic drugs. When compared to children born to women without epilepsy or treatment with other antiepileptic drugs, the Topamax pregnancy risk was associated with a 20 times greater prevalence of cleft palate or cleft lip.

March 8, 2011

Fosamax Long Bone Femur Fracture Lawsuits

by Dr. Shezad Malik

As a Dallas Fosamax Femur Fracture attorney I am reporting the following update regarding the Fosamax Long Bone Lawsuits.

The long-term use of Fosamax is linked to an increased risk of femur fractures. We are reviewing and accepting Fosamax lawsuits nationwide. Women throughout the United States have reported suffering spontaneous femur fractures while on Fosamax, Merck’s osteoporosis drug.

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The femur, or thigh bone, is one of the strongest bones in the human body. Side effects of Fosamax may weaken the ability of the bone to repair itself from microdamage, increasing the risk of a bone fracture over time.

Merck has failed to adequately research their osteoporosis drug or warn about this potential Fosamax problem. A Fosamax femur fracture lawsuit, may result in financial compensation for users who have suffered broken bones.

Fosamax (alendronate sodium) has been prescribed to millions of people in the United States since it was approved in 1995 for treatment of osteoporosis and Pagets disease of the bone.

While Fosamax is prescribed to treat osteoporosis and reduce the risk of hip fractures and long bone fractures, the mechanism of action, which prevents bone turn-over, could make some users vulnerable to certain types of fractures.

Merck faces about 1,000 lawsuits over Fosamax jaw bone problems which can cause deterioration or decay of the jaw; a condition known as osteonecrosis of the jaw (ONJ). The federal Fosamax ONJ lawsuits have been consolidated and centralized into a multidistrict litigation (MDL) in the U.S. District Court for the Southern District of New York.

If you, a friend or family member experienced a broken thigh bone on Fosamax, request a free consultation and claim evaluation to review your rights with one of our Fosamax lawyers.

March 3, 2011

DePuy ASR Recall And Replacement Update

by Dr. Shezad Malik

As a DePuy ASR Hip Recall attorney, I would to update the recipients of faulty DePuy ASR hip implants not to preserve their legal rights as Johnson & Johnson offers an early hip replacement settlement.

Before you accept this early hip replacement settlement offer, please seek a second opinion from a knowledgeable and experienced DePuy attorney.

DePuy considers certain minor medical expenses reasonable for patients that experience DePuy hip side effects. But a DePuy hip lawsuit is necessary to get compensation for past, present and future medical therapies, lost wages, pain and suffering.

A second implant surgery is necessary for some patients because of a high failure rate for two of their devices. The DePuy Hip Recall includes the DePuy ASR Hip Resurfacing system and the ASR XL Acetabular Cup system.

Medical reports suggest that one in eight patients will require a revision surgery within five years of their first implant.

This DePuy hip recall litigation suggests that patients will be observed closely for any side effects in the foreseeable future, including continued pain, inflammation, metallosis, difficulty walking or other DePuy ASR hip replacement side effects.

February 26, 2011

Roche Accutane Inflammatory Bowel Disease Trials

by Dr. Shezad Malik

As a Fort Worth Accutane Inflammatory bowel disease attorney, I am writing about the upcoming trial in New Jersey state court. These trials have been anticipated for a long time and will inject Hollywood into the proceedings, as one of the plaintiffs is a film actor.

Trial will began this week in New Jersey state court, for three plaintiffs who allege that they suffered severe bowel disease from Accutane.

Roche faces 3,000 Accutane bowel lawsuits, which all involve allegations that the drug maker failed to adequately warn users about the potential risk of injury associated with the acne medication. The plaintiffs claim there is an increased risk of inflammatory bowel disease (IBD) from Accutane (isotretinoin), which could lead to ulcerative colitis, and Crohn’s disease.

Roche has lost all six Accutane trials that have previously reached a jury.

The number of Accutane complaints filed in New Jersey continues to increase as former users discover that there may be a connection between their bowel problems and Accutane.

The next Accutane trial is scheduled in May 2011, and involves a case filed by Kamie Kendall. The earlier verdict was reversed on appeal because Roche was denied introducing evidence about the number of individuals who have used the acne medication over the years.

February 22, 2011

Darvocet, Darvon, and Propoxyphene MDL March Hearing

by Dr. Shezad Malik

As a Fort Worth Darvon, Darvocet and Propoxyphene recall attorney I am providing this update regarding the upcoming MDL hearing, presently set for late March in California.

There is going to be a hearing that will decide whether all Darvon and Darvocet lawsuits should be consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation in federal court.

The U.S. Judicial Panel on MDL (JPML)has set a hearing for March 30th in San Diego, where they will consider the proposed consolidation of the Darvon and Darvocet litigation.

There are currently at least four different lawsuits over Darvocet that have been filed against Xanodyne Pharmaceuticals in three different federal district courts.

All of the suits contain allegations that the manufacturer failed to adequately research the side effects of Darvocet and Darvon and failed to warn doctors and patients that propoxyphene-based drugs caused heart rhythm problems that could sometimes be fatal.

A Darvon and Darvocet recall was issued on November 19, 2010, after the FDA determined that propoxyphene-based painkillers may increase the risk of heart rhythm abnormalities, including heart arrhythmias or sudden heart-related death.

Multidistrict litigation, and centralization is common in complex product liability claims involving a large number of lawsuits over injuries associated with a particular product. The process is designed to avoid duplicate discovery, prevent inconsistent rulings by different judges and to promote the efficient litigation of the cases.

Xanodyne has opposed consolidation of the Darvocet litigation, stating that much of the evidence and discovery in the cases will focus on the individual health of each plaintiff. The company also stated that some plaintiffs took versions of Darvon or Darvocet that were not made by Xanodyne, and so arguing that the Xanodyne could not be held liable in these cases.

Furthermore, Xanodyne argues that the cases should be centralized in the Eastern District of Kentucky, where the drug maker is headquartered.

February 21, 2011

Accutane Inflammatory Bowel Disease

by Dr. Shezad Malik

As a Fort Worth Accutane Inflammatory Bowel Disease attorney, I am providing this latest update to the Accutane lawsuits which have been filed in New Jersey.

3,000 Accutane lawsuits have been filed in New Jersey state court, Atlantic City, alleging that makers of the acne skin medication failed to adequately warn about the risk of inflammatory bowel disease, particularly Ulcerative Colitis and Crohn’s disease.

All of the New Jersey state court lawsuits over Accutane and generic versions have been consolidated as a Mass Tort.

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The first Accutane lawsuit was filed on September 23, 2004 and the 3,000th case was filed earlier this month, on February 9, 2011.

Roche discontinued Accutane in June 2009 due to the increasing costs associated with the Accutane litigation, but a number of generic versions remain available under names such as Claravis, Sotret, Amnesteem and generic isotretinoin.

Roche has lost all six cases that have reached a jury verdict.

A trial is scheduled to begin this month before Judge Higbee involving three Accutane suits, including one brought by actor James Marshall.

February 18, 2011

Merck Wins 3rd Fosamax Osteonecrosis Lawsuit

by Dr. Shezad Malik

As a Fort Worth Fosamax osteonecrosis attorney I am reporting this 3rd win by Merck.

Merck & Co. won a lawsuit brought by a patient who said the company’s osteoporosis drug Fosamax caused dental and jaw problems.

A jury in the Superior Court for Atlantic County, N.J., found that Fosamax did not cause the patient’s dental and jaw problems.

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The patient used Fosamax from 1999 to 2006, and suffered jaw problems after having a tooth removed in December 2005. Merck said the woman’s history of dental problems and use of steroid medications contributed to those problems.

Merck has more than a thousand lawsuits brought by patients who say they developed jaw and dental problems including osteonecrosis of the jaw — or rotting of the jawbone — after using Fosamax. Merck has now won three of the four lawsuits that have gone to trial.

February 9, 2011

DePuy ASR Recall Update

by Dr. Shezad Malik

As a Dallas DePuy ASR Recall attorney I am providing this important update regarding the recent MDL hearing in Florida.

Johnson & Johnson and plaintiff attorneys are negotiating a procedure for preserving and handling company’s recalled hip implant devices after patients get them replaced through surgeries. J&J’s DePuy Orthopaedics unit recalled the implants on Aug. 26, after researchers found a second operation, or “revision surgery,” was needed after five years at rates higher than the company expected. Doctors had implanted 37,000 ASR XL Acetabular System devices.

The implants and tissue removed are important evidence in the individual lawsuits by DePuy patients. The protocol for handling and analyzing the explants, will help document excessive metal wear of the device and the destructive tissue damage caused by the debris.