Product Liability Lawyer Blog

July 14, 2014

Oregon Settles Multimillion Dollar Lawsuit Over DePuy Artificial Hip

Our Boston hip replacement attorneys understand that representing a client injured by one of the now-recalled DePuy artificial hips requires a great deal of familiarity with defective medical product litigation. These can be extremely complicated cases.

According to a recent article, the State of Oregon has settled with DePuy Orthopedics for $4 million over deceptive marketing involving artificial hips.

This case involved a metal-on-metal artificial hip that was prone to failing. It has been established that the metal would deteriorate over time, producing shards of metal that have caused muscle damage and other complications requiring surgeries. The iron itself has been known to cause damage to the liver, kidneys, and other internal organs.
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July 12, 2014

Benefit v. Risk of Testosterone Replacement Therapy

by Jeffrey S. Glassman

Our Boston testosterone replacement lawyers have been closely following recent FDA action involving the risks associated with TRT. Now, Live Science is taking a look at whether the many benefits claimed by testosterone replacement therapy manufacturers are supported by study results.

Drug manufacturers have claimed that testosterone replacement therapy can increase the patient’s sex drive, energy levels, muscle mass, and generally help him to lead a more active lifestyle.
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July 9, 2014

Over-the-Counter Meds Carry Hidden Risks

by Jeffrey S. Glassman

The Food and Drug Administration has issued a new warning this June about certain over-the-counter acne medications. According to an FDA Consumer Update alert, some patients have reported serious and potentially life-threatening reactions after using acne products.

Patients who use over-the-counter acne products should review the FDA information carefully to understand the potential risks associated with the use of these therapies. The FDA’s warning is also a reminder that even over-the-counter medications can be dangerous to patients. From denture creams to Tylenol to testosterone therapy, many medications have proven to cause unexpected side effects that can forever change the life of patients. Those affected by a dangerous drug or medication should consult with a Boston defective drug for more information on how to obtain compensation for losses.
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July 7, 2014

FDA Announces Testosterone Meds Must Carry Broader Warning

by Jeffrey S. Glassman

The Food and Drug Administration has received numerous reports of blood clots in the veins of patients taking testosterone therapy products. In response to these reports and increasing concerns about the risks associated with testosterone therapy, the FDA announced that the products must update their warning label to alert patients to the potential that blood clots will form.

Testosterone therapy is marketed as a way for men to improve their sex drive and to get more energy. Testosterone products already have a warning label alerting patients to the fact that an elevated number of red blood cells could cause blood clots. Now, however, WEB MD reports that the FDA wants the medications to carry a more general label.
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July 5, 2014

Actos Litigation Ongoing as Massachusetts Insurer Files lawsuit

by Jeffrey S. Glassman

In the wake of a $9 billion verdict against Japanese drugmaker Takeda Pharmaceuticals, the manufacturer of diabetes drug Actos, which has been causally connected to instances of bladder cancer, the number of lawsuits filed against the firm continues.

Boston Actos injury attorneys recognize that in reality, that $9 billion will almost certainly be reduced, at least to some degree. ($1.5 million of the award was for actual damages; $3 billion in damages fell on the shoulders of the company’s marketing firm.) However, the Louisiana jury’s April verdict in the first bellwether case of a multi-district litigation has sent a strong statement, to which other victims are closely listening.

One recent example involves a series of 10 lawsuits filed by Blue Cross & Blue Shield of Massachusetts. In the case of In Re: Actos (Pioglitazone) Products Liability Litigation, the insurer is seeking to recoup damages it incurred after Takeda purportedly failed to warn consumers about the potential risk of bladder cancer associated with its popular diabetes drug, formally referred to as Pioglitazone. The insurer alleges Takeda knew or should have known the risks its product held with regard to bladder cancer. The insurer further alleges the company negligently or fraudulently concealed this link, failing to warn consumers of the danger. In turn, the insurer says it was forced to pay for costs relating to the cancers that developed – a far higher expense than the maintenance of the underlying Type II diabetes.
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July 3, 2014

Patients Face Dangers from Off-Label Drugs

by Jeffrey S. Glassman

When the Food and Drug Administration (FDA) grants approval for the release of a drug, the medication is intended for use only for a specific purpose. For example, an antidepressant medication would be tested on patients suffering from depression and the drug is thus approved only for the treatment of depression.

Unfortunately, there is widespread “off-label” use, in which medication is prescribed for something entirely different than its intended purpose. This occurs when it appears that the drug may have a positive impact on a medical condition that it has not officially been approved to treat. In many cases, the off-label use is actually encouraged by the drug manufacturer despite the fact that the pharmaceutical company is aware of exactly what its medication was approved to treat.
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July 1, 2014

Stryker Hip Plaintiffs Should be Wary of Third-Party Administrator Contact

by Jeffrey S. Glassman

Since Stryker and Depuy hip-replacement devices have been recalled and cited in injuries to some 90,000 people, the companies have hired a third-party claims administrator to help mitigate the damage.

Our Boston Stryker hip attorneys recognize that the role of this firm, Broadspire, is similar to what we might expect from an insurance claims adjuster. Representatives from Broadspire work to contact individuals who may have implants that have been recalled or are defective. They then seek to glean information regarding whether that individual has suffered any damages as a result, determine what out-of-pocket expenses for any treatments or surgeries and may even offer a compensation package.

It’s critical that anyone contacted by Broadspire recognize two things: One, there is a good chance you may have a legitimate claim for a lawsuit. Secondly, Broadspire is not interested in obtaining fair compensation for you. Rather, this company works for the manufacturer. The goal is to rope you into a settlement agreement so that you will sign away your right to sue, potentially putting you in a position where you are forfeiting tens of thousands if not hundreds of thousands of dollars in compensation.
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June 29, 2014

Duffy et al v. Pfizer – Testosterone Therapy Litigation Continues

by Jeffrey S. Glassman

Additional lawsuits continue to be filed on behalf of men who have been harmed by testosterone replacement therapy, which they contend has resulted in increased risk of stroke, heart attack and other conditions.

One of those most recently filed was Duffy et al v. Pfizer Inc et al, which was filed last month in the Western District of Louisiana. The complaint asserts that Pfizer Inc., the manufacturer of Depo Testosterone, wrongly convinced millions of men – defendant included – that testosterone therapy involving these drugs was necessary, while withholding information regarding the safety profiles of these medications and the propensity of the drugs to result in cardiovascular injuries.

The plaintiff here alleges his consumption of the drug, prescribed by a doctor, caused him to develop anxiety, as well as hypertension and several other conditions that resulted in extensive hospitalization and treatment in a hyperbolic chamber.

Boston testosterone replacement attorneys understand that a recent report in the Los Angeles Times indicated that approximately 3 percent of men over the age of 40 seek to bolster their testosterone levels through the use of a prescription supplement.
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June 27, 2014

Johnson v. Mead Johnson & Co. – Eighth Circuit Revives Infant Formula Lawsuit

by Jeffrey S. Glassman

The U.S. Court of Appeals for the Eighth Circuit has declined to set aside expert testimony pinning an infant’s permanent brain damage on formula produced by Mead Johnson & Co., reviving litigation against the firm.

In Johnson v. Mead Johnson & Co., the family of a then-1-month-old baby contends the child was sickened and suffered lasting brain damage after consuming Enfamil formula. The guardian ad litem who filed suit in the child’s stead contends the product was unreasonably dangerous because it was contaminated with the bacteria Cronobacter sakazakii.

Our Boston product liability lawyers understand the U.S. Centers for Disease Control & Prevention receive roughly six reports of C.sak sickness each year, even though there is no legal mandate for the cases to be reported. The bacteria is naturally-occurring in certain plants, such as rice and wheat. However, even small amounts can be lethal to those with immune systems that aren’t yet fully developed – namely, infants.
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June 23, 2014

Knee Replacements Rise with Rates of Obesity

by Jeffrey S. Glassman

Knee replacement surgeries are on the rise, even in younger patients. New research suggests the number of knee replacements is parallel to the rising rate of obesity. Analysts report that the demand for the surgery is increasing, almost parallel with the rates of the overweight and obese in Boston and throughout the United States. According to the study, 95% of individuals who are in-line for or considering knee replacements have associated weight problems. This spike in knee replacement surgery for the obese and among young people has created the potential for defective replacements and the need for additional surgeries.

While doctors and experts may advise patients to seek knee replacements, patients should be aware of the potential risks associated with knee replacement products. Our Boston defective medical device attorneys are experienced in representing individuals who have suffered harm resulting from defective knee products. In addition to providing advocacy to our clients, we are committed to staying abreast of research, trends, and legal developments related to knee replacement products.
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