Articles Posted in Product Liability

Bellwether trials are like “test” cases used is big mass torts such as class action MDLs involving hundreds or even thousands of individual plaintiffs. To understand what a bellwether trial is, you need to understand how modern mass tort litigation works.

Understanding Mass Torts

In mass tort litigation, there is a very large group of plaintiffs (anywhere from a few dozen to a few thousand) all of whom have filed lawsuits involving identical tort claims. The most common example is in the pharmaceutical context where thousands of people are injured by a defective drug (e.g., Ozempic) and they all file identical lawsuits around the same time.

As you care for your little one, you should be mindful of everyday items in your home that can risk their safety. Just because an item was made for babies does not mean it is entirely safe. Cribs and strollers can still be a safety risk to your baby. However, this means if you use them, use them safely.

1. Strollers

Your baby’s stroller can be a significant risk to their safety. A Consumer Product Safety Commission (CPSC) report estimates 13,400 reported cases of stroller-related injuries that required a visit to the emergency room. Many of these injuries were caused by a fall or strangulation (two injuries every hour).  An average of two children die yearly from stroller-related accidents. Many stroller-related injuries or deaths occur when infants are left to sleep while the stroller’s back is in the recline position.

It’s the peak of the summer beach season, but if you drop by your local retailer to pick up some sunscreen, you will likely see a lot of empty shelf space. Why? Because independent consumer product testing recently discovered that a number of major sunscreen products contained hazardous levels of benzene. Benzene is a notorious and well-known human carcinogen that is very harmful to the human body.

In response to this discovery, manufacturers and major retailers have started pulling sunscreen spray, lotion, and other products from their shelves. Now plaintiffs’ lawyers around the country are evaluating whether contaminated sunscreen lawsuits could be the next big mass tort.

Valisure Finds Dangerous Levels of Benzene in Sunscreen Products

Medical device manufacturer Boston Scientific has issued an emergency safety recall of its Vici Venous stent devices because a defect in the stents causes them to migrate once inside the body.

If you had a Vici Venous stent surgically implanted and it subsequently migrated inside your body, you may be entitled to financial compensation. Our medical device lawyers are currently new Vici Venous stent cases against Boston Scientific.

• Bard PowerPort lawsuits in 2023 focus on vascular injuries

In June 2019, AbbVie’s AndroGel testosterone lawsuits settled for $775 million. (Our lawyers are still taking testosterone lawsuits in 2022.  Just no longer involving this testosterone supplement.)

Lawsuits had been filed claiming that the makers of Androgel, AbbVie, failed to warn thousands of men about the potential side effects of the drug. These side-effects include heart attacks, blood clots, stroke, and even sudden death in extraordinary cases. As the litigation wheels start turning here, AbbVie is trying to gum them up with objections to slow down the process.  You could say everything is going according to plan…

What Is AndroGel?

Androgel is a form of testosterone replacement therapy (TRT). The purpose of testosterone is to increase levels of testosterone in the blood of humans.  So TRT is a process to supplement our naturally occurring levels of testosterone. Why?  Because some men have low testosterone production (and some just want more).

AndroGel is a synthetic testosterone gel formulation.   The gel formulation was developed to give transdermal delivery of testosterone continuously for 24 hours.

Androgel Lawsuits

If you are reading this you probably already know this. But let’s recap.  There were about 7,000 lawsuits against AbbVie percolating around the federal court system.

The various suits alleged that the makers of Androgel, AbbVie, neglected to warn thousands of men about the serious side effects of the “Low-T” treatment drug.

This drug has certainly been a big hit, understandably so considering that it promises men physical enhancement to counteract the forces of aging. But thousands of lawsuits -allege that low-T drugs can lead to heart attack, stroke, pulmonary embolism, deep vein thrombosis, or other injuries, prompting men across the U.S. to sue AbbVie and the other manufacturers for not being adequately warned of the risks.

That really is what this is about.  No one — at least not many people — was calling for a low-T recall.  The risk might outweigh the benefit for some although probably not many of us.  It is about giving patients and doctors a choice. Tell us what can happen and let us make the call.  They are giving this warning now.  They should have given it to us before.  That is what these lawsuits were about.

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In August 2018, the FDA warned that sodium-glucosecotransporter-2 (SLGT2) inhibitors such as Invokana can cause a rare but serious infection that could cause an amputation of the genital area.

This is a big deal because Invokana is a commonly used diabetes medication. The list of diabetes drugs that have let patients down is long.  The money in these drugs is unreal.  To make the most money, you need to rush your product on the market without fully testing the drug.  That is the biggest problem.

Long before the FDA got involved, I have been looking at potential Invokana lawsuits.  These are the 11 questions victims have about Invokana and the Invokana litigation.

Vaginal prolapse is incredibly common, with approximately 30-50% of women having some sort of prolapse during their lives. Our lawyers are investigating vaginal mesh lawsuits involving Cook Medical, in addition to other manufacturers of vaginal mesh systems.

Cook Medical Transvaginal Mesh Cases

Cook Medical held its products out as breakthrough technology

Pelvic organ prolapse is a condition in which structures such as the uterus, rectum, bladder, urethra, small bowel, or the vagina itself may begin to fall or “prolapse” out of their normal positions. These structures may eventually prolapse farther and farther into the vagina, or even through the vaginal opening, without medical treatment or surgery. Enter synthetic mesh devices. No doubt a great idea.

According to the FDA, between January 2008 and December 2010, there were nearly 3,000 adverse event reports involving transvaginal mesh devices. Side effects reported with vaginal mesh can include:

• Infections
• Internal bleeding
• Vaginal scar tissue
• Vaginal wall narrowing
• Painful urination
• Fistulas
• Mesh shrinkage
• Mesh migration
• Urinary problems
• Punctures to the bladder, blood vessels, bowels, or other organs in the lower abdomen
• Mesh erosion into the vagina, bladder, intestines, and uterus
• Pain
• Painful sexual intercourse for both partners
• Recurrence of incontinence
• Recurrence of both pelvic organ prolapse or stress urinary incontinence, or both

Cook Medical held its product out as breakthrough technology, resistant to infection, and “unlike synthetic mesh, nothing is left permanently in the body to cause problems down the road.” On the contrary, Cook Medical transvaginal mesh products have had more than their fair share of problems. (In fairness, they have all put out awful products. Cook Medical is no exception.).

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Researchers have uncovered a link between breast cancer treatment and type 2 diabetes. According to a study conducted by The University of Toronto, it has been discovered that therapy with the drug Tamoxifen has been linked to a significant increase in the development of diabetes in older survivors of breast cancer.

Tamoxifen, an oral medication used in women with breast cancer, is one of the most widely prescribed drugs to prevent a recurrence in women who have been treated for the condition. Tamoxifen disrupts the female body’s production of estrogen, which promotes breast cancer in women. Research now suggests that the drug may contribute to an increased risk of developing type 2 diabetes. Researchers state that no one taking Tamoxifen should discontinue their use of the medication, but they and their doctors should know the association.

For the study, the researchers examined the medical records of 14,360 women over the age of 65 who had been diagnosed with early-stage breast cancer, and had survived. The results, which were published in the journal “Cancer”, showed that Tamoxifen patients are 25 percent more likely to develop type 2 diabetes.