Mass Torts

June 4, 2015

No Bifurcation in Androgel Lawsuits, Trials to Proceed

AbbVie, manufacturer of the drug Androgel, recently asked a federal judge overseeing litigation against them to bifurcate expert discovery and summary judgment in pretrial proceedings. After rejecting the request, the judge then outlined a schedule for bellwether trials to move forward.

AbbVie’s Request

Low T Cases Moving Forward

In the ongoing MDL involving Androgel and other “low T” treatment drugs, AbbVie recently asked Judge Matthew Kennelly to amend the schedule for choosing bellwether cases for trial, specifically noting that they wished to bifurcate expert discovery and summary judgment. Summary judgment would have involved causation and other relevant issues. Judge Kennelly decided that doing so would not be fair and reasonable to both parties, although he extended the general process for choosing bellwether cases. AbbVie is probably pretty happy about this extension considering that they tried to slow down the bellwether trial process before.

While a previous case management order suggested that cases should start going to trial in 2016, Judge Kennelly is now requiring the parties to submit a proposal for the selection process by August 10, 2015. Cases will be divvied up into two categories: 1) blood clot cases involving thromboembolism or deep vein thrombosis and 2) heart attack cases. If all goes to plan, a final bellwether selection should be made by the end of August.

January 6, 2015

Benicar, Azor, and Tribenzor Lawsuits Continue

by Ronald V. Miller, Jr.

Much has been said and written about Benicar and its sprue-like enteropathy side effects, symptoms very much like that of celiac disease. Less has been said about two other Daiichi Sankyo manufactured medications, Azor and Tribenzor, though lawsuits are on the rise.

In November, an Iowa woman and her husband filed suit against the Japanese pharmaceutical company Daiichi Sankyo Inc., claiming that after being prescribed Azor in January 2011, she continued to take the hypertension medication as directed for some time. During this time, the Plaintiff suffered several injuries, including sprue-like enteropathy “with severe, chronic diarrhea resulting in substantial weight loss and malnutrition…” sustaining severe and permanent personal injuries in addition to constant pain and suffering.

This post was written in 2015, but portions have been updated in 2024 to explain the history of the litigation and how it turned out.

April 10, 2014

More Stryker Rejuvenate Hip Replacement Settlements

by Ronald V. Miller, Jr.

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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January 2, 2014

SimplyThick Lawsuits | What You Need to Know

by Ronald V. Miller, Jr.

SimplyThick, 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).

October 11, 2013

Gynecomastia from Risperdal Claims

by Ronald V. Miller, Jr.

Risperdal lawsuits have have mostly been resolved as of 2024 after a global settlement was reached. We have updated this post in 2024 to talk about the Risperdal settlements and are leaving the rest of this post up for informational purposes. Our lawyers are no longer seeking new claims.

2024 Risperdal Litigation Update

The lawsuits were primarily based on allegations that Risperdal, an antipsychotic medication, led to the development of gynecomastia in boys and young men, a condition characterized by the growth of breast tissue.

September 11, 2013

Is Robotic Surgery Safe?

by Ronald V. Miller, Jr.

Our law firm is reviewing da Vinci robotic surgery lawsuits. I have been writing critically about this medical device and its manufacturer, Intuitive Systems.

Much of my commentary has been of the, “This is really cool technology that they are misusing and one day this will be really great” variety. But a new study is making me question even that premise.

The Latest Robotic Surgery Safety Study

August 15, 2013

Boston Scientific Vaginal Mesh Cases

by Ronald V. Miller, Jr.

The vaginal mesh cases are heating up everywhere as plaintiffs’ lawyers, who frankly smell blood, are pushing with greater vigor to get and hold trial dates. Multi-million dollar verdicts will do that.

In the Boston Scientific transvaginal mesh cases, lawyers are pushing fast to get a trial date and are expected to get one soon. How do you define “soon” in tort law? Early next year.

All these federal cases have been consolidated in an MDL under a good judge in West Virginia. The class action lawsuit against Boston Scientific contents the mesh that was supposed to protect them from pelvic organ prolapse or stress urinary incontinence has done nothing but make their health problems far worse.

August 14, 2013

NuvaRing Settlements on the Horizon?

by Ronald V. Miller, Jr.

Earlier this month, the first federal NuvaRing lawsuit was delayed because there has been a lot of talk about settling not only that NuvaRing case, but all of the cases at one time. This blog post is about:

What these cases are really about?
An update on just where we are in the litigation?

July 23, 2013

Medtronic Bone Infuse Problems | Learn About Lawsuits

by Ronald V. Miller, Jr.

Medtonic is a large research company that holds itself out as a company that creates new and innovative ways to treat and rehabilitate patients around the world. This is true. But, too often, their innovation flops miserably because they put a product on the market that is not ready, or because they push a product to be used in ways that it should not be used.

The Infuse

In 2002 they introduced an Infuse Bone Graft procedure that uses recombinant human bone proteins to foster the growth and connection of broken bones. It is currently approved for use in anterior lumbar interbody fusion, tibial fractures, and sinus augmentations.

January 16, 2012

Smith & Nephew Knee Replacement Defect Lawsuits

by Ronald V. Miller, Jr.

Smith & Nephew knee replacements are failing at an unacceptable rate

Our lawyers are investigating knee replacement lawsuits against Smith & Nephew.

These knee replacements have been on the market for some time. The reason for the lawsuits is simply: the Smith & Nephew knee replacements are simply failing at an unacceptable rate. These were supposed to be knee replacements that would last for 10 to 20 years. Patients who have these devices implanted may be entitled to revision surgery, medical expenses, lost wages and pain and suffering damages.