Product Liability Lawyer Blog

July 5, 2014

Actos Litigation Ongoing as Massachusetts Insurer Files lawsuit

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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June 21, 2014

Testosterone Therapy Linked to Brain Damage

by Jeffrey S. Glassman

As aging men continue to seek the benefits of testosterone therapy, a growing number of studies are revealing inherent risks. In a recent study, published in the Journal of Alzheimer’s Disease, testosterone therapy was shown to increase the risk of brain damage in Caucasian men. The study analyzed the influence of oxidative stress on what are normally the protective benefits of testosterone.

Despite the potential benefits of testosterone therapy, men should be aware of the risks. In the event of a medical emergency or injury related to testosterone therapy, men should consult with an experienced advocate regarding dangerous pharmaceuticals. Our Boston medical malpractice attorneys are experience in representing victims and their loved ones who have been harmed by testosterone therapy and other pharmaceuticals. We will take a comprehensive approach to uncover the facts, identify responsible individuals and entities, and pursue compensation and justice on your behalf.
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June 18, 2014

Trans-Vaginal Mesh: Incontinence and Female Runners

by Jeffrey S. Glassman

Incontinence is often associated with post-childbirth complications, but can also be linked to other causes. Health professionals have even linked female incontinence to long-distance running. There has also been significant documentation, online and in the media, about professional athletes who may suffer from incontinence, even while in competition. In a recent article in The Guardian, a runner explores the embarrassing medical condition of incontinence afflicting runners in Boston and throughout the U.S.

One of the traditional ways of treating incontinence has been transvaginal mesh. This is a dangerous product that has left thousands of women in severe pain and requiring reconstructive surgery. Our Boston trans-vaginal mesh attorneys are dedicated to protecting the rights of patients and to helping individuals seek the medical and legal help they need for recovery. In addition to providing advocacy, our team is also abreast of legal and medical issues that may impact our clients.
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June 17, 2014

Knee Reconstruction Market to Exceed $5 Billion by 2020

by Jeffrey S. Glassman

Three medical device companies, Zimmer, DePuy and Stryker, manufacture the majority of knee replacement and reconstruction devices in the United States. According to a recent Global News Wire report, these three companies, along with Smith & Nephew, are the “main players” driving the growth in the market for knee replacement products.

Unfortunately, medical devices being implanted in patients with knee troubles may not be very safe and may have certain serious complications. More than 600 federal lawsuits have been filled against Zimmer because of complications with the company’s NexGen knee implants and problems have also been reported with both the Scorpio implants from Stryker and the OXINIUM devices from Smith & Nephew.
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June 15, 2014

Johnson & Johnson’s Defective Hip Implants Cause Worldwide Problems

by Jeffrey S. Glassman

DePuy is a subsidy of Johnson & Johnson, which is one of the world’s largest medical device companies. DePuy is also the manufacturer of a product called the DePuy ASR, which was implanted in around 100,000 patients worldwide. Unfortunately, the DePuy ASR products turned out to be very dangerous with a high failure rate and major risks for patients. Evidence indicates that not only was the defective medical device unsafe but also that widespread failure of the device may even have been hidden from surgeons working with DePuy to monitor for complications.

Throughout the United States, lawsuits have been filed against DePuy and Johnson & Johnson in order to obtain compensation for problems caused by the hip implant products. However, the complications and damages caused by the metal-on-metal hip implant products were not restricted to the U.S. alone. ABC recently reported a class action in Australia filed on behalf of hundreds of patients. Class actions allow many patients to recover compensation in one lawsuit, with all claims arising from a similar harm.
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