Articles Posted in Defective Drugs

In 2015, a baby boy only known as ‘Baby Doe’ was born addicted to opioid painkillers. His first few days of life were spent in an agonizing withdrawal in the neo natal unit. Three Tennessee prosecutors and the baby’s guardian have teamed up together and filed a lawsuit against several manufacturers of opioid painkillers. The prosecutors claim the drug companies used deceptive marketing tactics which ultimately downplayed the risks of developing an addiction to opioid medications.

Filed in June, at the Sullivan County Circuit Court in Kingsport, Tennessee, the infant boy who was the driving push behind the suit is known to have survived his battle. The extent of impact which the addiction had on his health is yet unknown.

Since 2016 lawsuits involving hernia mesh developed by Ethicon, Inc. continue to mount. Sold under Physiomesh, the products have raised concern over their safety and ability to reduce the symptoms of a hernia. Multidistrict litigation, on the Federal level, is now underway at the U.S. District.

On July 17th, the U.S. Judicial Panel on Multidistrict Litigation (JPML) released an update on the number of suits. At that time there were at least 84 pending Physiomesh lawsuits with more expected to come. Eighteen of these were filed within the previous month when 66 suits were reported.

The Physiomesh lawsuit alleges that the hernia patches are flawed in their design and result in irritation, adhesions, extreme pain , perforations, infections, mesh erosions, , and other health complications. The JPML have effectively transferred the federally filed suits against Physiomesh to the Northern District of Georgia. Here they will undergo pretrial proceedings that will include a full discovery. The litigation is scheduled to convene on August 1st at an Initial Conference meeting. All disclosure and discover proceedings are at halt pending the outcome of the Initial Conference.

A jury in St. Louis just delivered the largest verdict against Johnson & Johnson in the talcum powder trials. There have been around 2,400 lawsuits filed against the company by people claiming that using their talc-powder caused ovarian cancer and other illnesses.

In this recent case, a Virginia woman, Ms. Slemp, sued after developing ovarian cancer. She was using the Johnson & Johnson Baby Powder for feminine hygiene and had for several decades prior to being diagnosed. The St. Louis jury awarded her $110 million. This is the largest verdict to be rendered against J&J for their talc-powder thus far. Four prior trials resulted in verdicts of $197 million in total.

Ms. Slemp was diagnosed with ovarian cancer in 2012 and has undergone chemotherapy. Since then, the cancer has also spread to her liver.

Nashville Attorneys, The Higgins Firm, are closely looking into Abilify lawsuits and claims which have raised concern amongst professionals after a number of people were said to have developed a gambling disorder, diabetes or other potentially harmful uncontrollable urges while taking the drug. These urges, the Abilify lawyers go on to say, appeared to have ceased once the medication was discontinued.

The antipsychotic drug Abilify, also known as aripiprazole, is manufactured by Bristol-Myers Squibb Co. and Otsuka Pharmaceutical Co. Lawsuits against these companies state that they failed to provide sufficient warnings on the label of the drug and neglected to properly educate the prescribing doctors of Abilify’s’ side effects.

In this case, Andrew Yount grew breasts after taking Risperdal since he was five. He was awarded 70 million in damages for physical disfigurement and emotional distress by a jury in Philadelphia. The award is 28 times greater than the highest jury verdict previously decided against Janssen, a Johnson & Johnson subsidiary, in Philadelphia-based Risperdal litigation. That former highest verdict award was $2.5 million.

Austin Pledger, who was prescribed Risperdal in 2002 as a teenager for treatment of mood swings related to his autism, developed size 46 DD breasts, allegedly as a result of taking the drug.

Like Yount, Pledger asserted Janssen did not disclose or properly warn of such side effects before he was prescribed Risperdal. A Philadelphia jury awarded Pledger $2.5 million in February of last year. Only one case thus far, featuring Pennsylvania plaintiff William Cirba, has ended with a ruling in Janssen’s favor.

Gloria Ristesund used Johnson & Johnson’s talc powder products on her genitals for years and she was later diagnosed with ovarian cancer as a result. She had to have a hysterectomy and several other surgeries because of the cancer. The cancer is now in remission. Ristesund was awarded awarded $5 million in compensatory damages and $50 million in punitive damages for Johnson & Johnson’s failure to properly warn consumers about the cancer risks associated with talc powder.

J&J spokeswoman Carol Goodrich stated that the verdict contradicted 30 years of research supporting the safety of cosmetic talc. The company intends to appeal and will keep defending its products’ safety.  This is however, the second trial loss for Johnson & Johnson over their talc powder products. The company is facing one thousand two hundred lawsuits that allege the company failed to properly warn people about these cancer risks.

Deane Berg’s doctor called her the day after Christmas in 2006 to tell her the news of her cancer diagnosis. She had her ovaries removed and the results came back Deane Berg had stage three ovarian cancer and her prognosis was poor. She had twenty-five years of experience has a physician’s assistant but knew almost nothing about ovarian cancer. When she looked up the risks, she had only one; regular use of talcum powder for feminine hygiene.

Berg learned that since the early 1980s, several studies had discovered that women who regularly used talc powder for feminine hygiene had higher than average rates of ovarian cancer. Yet the evidence which fell short of proving that it caused the cancer, was mostly confined to medical journals and had barely been made known to the public. For millions of women including Berg using powder on the the genitals or underwear was a daily ritual, like brushing teeth. Since her teens, Berg had used Johnson’s Baby Powder and Shower to Shower, another Johnson & Johnson powder marketed to women. “A sprinkle a day keeps odor away,” the ads stated. “Your body perspires in more places than just under your arms.”

Many people as we age might need special devices to help improve our quality of life. One of these devices might include a hip implant. When we go to the doctor to have these kinds of procedures done, we expect that these devices are safe and will help improve our lives and help to make our pain and problems greatly decrease. Unfortunately, many hip implants have defects and problems that can lead to additional injuries and the need for revision surgery to fix the problem. If you or someone you know has had a hip implant and then experienced severe pain or needed more surgery to correct the problem, then you should talk to one of our experienced defective hip implant lawyers with the Higgins Firm. We will review your case and help you to get the compensation you need for what you have suffered.

According to this case, the Profemur R used in Alan Warner snapped in 2010 while he stood in his kitchen due to a laser orientation mark that was burned too deeply into the device. The lawsuit argued that laser engravings deeper than 35 microns can cause the titanium in metal implants to become brittle, and that the crack in the Profemur R emanated from a laser mark over 100 microns deep. After only almost three years of having the Profemur R implanted it broke and the fracture caused Warner to have to have fourteen major surgeries after experiencing a number of dislocations and prolonged infections.

The Wright Company argued during the trial that the Profemur R snapped because the top of of the implant wasn’t properly affixed to Warner’s existing bone, and that the device shouldn’t have been used in patients like Warner whose bone structure was compromised. They also said Warner’s surgeon, Brad Penenberg, selected a stem piece that was too narrow. As the top of the implant shifted it placed stress on the narrow stem piece and caused it to break. Wright Company’s own findings initially showed the crack in Warner’s implant emanated from a laser guidance mark, but that once they were faced with a lawsuit, the company began using the argument that the Profemur R wasn’t meant for use in patients like Warner who had degraded bone structures, despite distributing marketing materials that indicated otherwise.

Many of you may have heard about a superbug going around that is resistant to antibiotics. What you may not know about it has been linked to medical scopes known as duodenoscopes. According to this case, 500,000 Americans undergo a procedure known as Endoscopic Retrograde Cholangiopancreatography or ERCP every year using these medical scopes and this procedure has been linked to the superbug outbreak also known as carbapenem-resistant Enterobacteriaceae or CRE.

Earlier this week, Carla Warner provided emotional testimony to a U.S. Food and Drug Administration Advisory Panel about the devastating impact that as carbapenem-resistant Enterobacteriaceae or CRE had on her husband, Willie “Bill” Warner. He developed CRE after having an Endoscopic Retrograde Cholangiopancreatography procedure. Warner’s procedure used a widely sold TJF-Q180V duodenoscope, which was produced and sold by Olympus America, Inc. Carla Warner’s testimony about the death of her husband due to CRE was highlighted on the panel.

Beginning in 2010, Olympus redesigned and replaced its TJF-Q160V duodenoscope with the TJF-Q180V duodenoscope. The new 180V model had a sealed section on the device known as the “elevator wire channel.” In lawsuits that have been brought against the Olympus America Corporation after family members have died from infections using the TJF-Q180V duodenoscope, it was complained that bacteria can become trapped in the device’s sealed elevator wire channel. The elevator wire channel on the device is not easily accessed for proper cleaning so it becomes the source for the outbreak of the deadly superbug CRE infections that patients are developing.

There are many medical devices and products on the market that are used to reduce medical complications for people and to help improve their quality of life. Unfortunately, sometimes these devices or products can have defects and cause additional complications or medical problems for many people. If you or someone you know had an IVC Filter implanted and are now experiencing serious side effects or more medical problems as a result, then it is important that you speak to a IVC Filter and dangerous device lawyer with the Higgins Firm. We will listen to your case and determine if you may be eligible for compensation for what you have been through.

IVC Filters are implanted in people who have problems with blood clots. They are used to trap the clots in order to help prevent them from becoming pulmonary emboli. When they were originally marketed, they were permanent implants. However, over the last ten years, they were redesigned so that they could be retrievable, which means that the doctor could implant them and take them out at a later date. These retrievable filters were marketed first in 2003. One of the makers of these filters that is now facing lawsuits is C.R. Bard, maker of the Recovery, G2 Filter and Eclipse; and Cook, which makes the Celect and the Gunther Tulip.

According to a study from the Journal of Vascular Interventional Radiology, after five and a half years, forty percent of people who have a retrievable filter have experienced some type of fracture in the filter. Other side effects could include the filter moving, titling or perforating and these side effects can cause perforation of organs or vessels next to the filter. A fracture in the filter could travel to the patient’s heart, which can result in death of the patient or the need for open heart surgery to remove the fractured filter. Another study in the JAMA Internal Medicine discovered that many retrievable filters are actually left implanted permanently . That study discovered that of six hundred and seventy-nine retrievable filters implanted from August 1, 2003 to February 28, 2011, at Boston Medical Center, only fifty-eight were s removed with success and seventy-four people suffered a thrombotic event after filter placement.

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