Product Liability

September 9, 2009

Mistrial Possible in Merck Fosamax Case

A U.S. judge said he would declare a mistrial in a case against Merck & Co over its Fosamax osteoporosis drug if a jury could not reach a unanimous verdict by the end of business on Friday.

U.S. District Court Judge John Keenan in New York was responding to a motion for mistrial on Wednesday by a lawyer for a Florida woman who sued the drug company, claiming Fosamax caused damage to her jaw.

Lawyer Timothy O’Brien, representing 71-year-old Shirley Boles of Walton Beach, Florida, told the court that notes from one woman juror indicated she felt intimidated or threatened.

September 8, 2009

Yasmin and Yaz Blood Clots Lawsuits

by Dr. Shezad Malik

The YAZ birth control pill, manufactured and marketed by Bayer Pharmaceuticals has been linked to a number of serious, life-threatening side effects. Yaz, which is nearly identical to Yasmin birth control, is a newer type of oral contraceptive sold by Bayer. It has been aggressively marketed without adequate warnings about potentially life-threatening side effects.

Yaz, a birth control pill linked to blood clots, heart attacks and strokes, has been the subject of a misleading marketing campaign.

Deceptive Yaz commercials prompted the Food & Drug Administration (FDA) to issue Bayer a warning letter, and the company was forced to correct its false advertising.

Bayer’s Yaz campaign not only made false claims about the benefits of the drug, it also downplayed the serious side effects – including life-threatening blood clots – known to be associated with Yaz. Because of Bayer’s false advertising, millions of women took Yaz without being fully aware of the drug’s health risks.

September 7, 2009

Yaz Yasmin MDL Hearing Set for September 24, 2009

by Dr. Shezad Malik

The hearing on the Petition to consolidate the Yaz, Yasmin and Ocella product liability litigation in the Northern District of Ohio has been set for September 24, 2009 in Richmond, Virginia.

The hearing will be held before the Judicial Panel on Multi -District Litigation. If the case is consolidated as an “MDL” case it will be sent to a single judge for case management purposes. For a detailed explanation of the workings and purpose of an MDL you may go to our earlier blog article.

September 7, 2009

Dallas Attorney Plans to Reopen 15 Toyota Lawsuits

by Dr. Shezad Malik

A Dallas attorney says he will file Tuesday to reopen 15 lawsuits involving rollover accidents as a result of allegations by a former Toyota lawyer that the company withheld or destroyed crash safety data it should have disclosed in up to 300 civil lawsuits.

Lawyer Todd Tracy says he will seek to reopen the cases on the basis of fraud and racketeering if Toyota (TM) deleted or didn’t hand over files as required.

Tracy is one of several lawyers revisiting cases in light of allegations made by former Toyota lawyer Dimitrios Biller in his suit against the company. He was involved in cases involving rollovers. Lawyer Richard McCune of Redlands, Calif., filed last week to reopen two cases and sought class-action status. Attorney Tab Turner of Little Rock says he’s watching to see if it makes sense to reopen some of his rollover cases.

September 6, 2009

Yasmin/Yaz Side Effects: Gallbladder Stones and Disease

by Dr. Shezad Malik

Yaz gallbladder disease information and the latest news for women who have suffered from gallstones and Yaz birth control.

In addition to the other injuries caused by birth control pills Yasmin, Yaz and Ocella (including pulmonary embolism, deep vein thrombosis, pancreatitis, stroke, and heart attack), Yaz drug injury lawyers are investigating gallbladder problems.

Doctors and the medical literature report an increase in gallbladder disease among otherwise healthy adults (including young adults), and the only connection appears to be that these women are all taking one of these drospirenone-containing birth control medications.

Doctors speculate that Yaz can increase cholesterol levels in bile while simultaneously decreasing gallbladder contractions, leading to gallstones. This leads many women to have their gallbladder removed (cholecystectomy).

September 5, 2009

Yaz Lawsuits and Side Effects

by Dr. Shezad Malik

Yasmin/Yaz have been associated with deep vein thrombosis (blood clots), pulmonary embolism, strokes, heart attacks and, as a result of these health consequences, death.

Yasmin/Yaz lawsuits allege product liability, negligence and failure to warn claims against Bayer. There has been in recent months new medical articles have come out regarding Yasmin and Yaz.

Below is a summary of what is out there. The venous thrombotic risk of oral contraceptives, effects of oestrogen dose and progestogen type: results of the MEGA case-control study, BMJ 2009;339:b2921.

September 5, 2009

Trial Set For January 2010 on Chinese Drywall

by Dr. Shezad Malik

A federal judge presiding over hundreds of lawsuits against Chinese drywall makers and installers said Thursday that he plans to hold the first trial in January 2010 for the cases, which claim the imported products emit sulfur, methane and other chemical compounds that have ruined homes and harmed residents’ health.

U.S. District Judge Eldon Fallon told attorneys that he expects them to pick six plaintiffs whose cases could be tried in early 2010, with the first trial starting in January.

Kerry Miller, a lead lawyer for companies named as defendants in the suits, said defense attorneys may need more time to prepare for the first batch of bellwether trials. Russ Herman, a lead plaintiffs lawyer, said he supports Fallon’s scheduling plan.

September 4, 2009

Number of Implicated Chinese Drywall Manufacturers Increases.

by Dr. Shezad Malik

The number of Chinese drywall manufacturers responsible for corrosion and potential health problems plaguing U.S. homeowners may be about to increase substantially.

With the first set of home inspections about to begin in the massive combined Chinese drywall litigation playing out in New Orleans, lawyers involved in the case were told to document the different identifying markings on wallboard found in affected homes.

On Thursday, they revealed that 36 separate variations of tainted drywall have been found — a much higher number than previously disclosed.

While some manufacturers may have more than one way of marking their product and some markings were stamped by distributors, the three dozen variations opens the door to a host of new companies publicly joining the mix.

September 4, 2009

Update: Fosamax Lawsuit Goes to Jury

by Dr. Shezad Malik

Drug executives, product liability lawyers and Wall Street analysts are closely watching a jury trial in New York over medical problems associated with Fosamax, a drug from Merck that has been taken by millions of women to offset the bone loss associated with menopause.

It is the first of about 900 state and federal cases pending against Merck in which plaintiffs claim that taking Fosamax caused them to develop a rare problem called osteonecrosis of the jaw.

Dental surgery is one of the triggers for the condition that can break down jawbone tissue, causing the gums to fall away and expose bone that looks moth-eaten, oral surgeons said.

September 3, 2009

Levaquin Side Effects Lawsuit and Tendon Rupture

by Dr. Shezad Malik

Levaquin (Levofloxacin) is a fluroquinolone antibiotic used to treat bacterial infections, and is available only by prescription. On July 8, 2008, the FDA ordered the manufacturer to add a Black Box warning to Levaquin. A Black Box warning is the strongest warning available for prescription drugs. The FDA also required that a guidebook be provided to patients warning about the possible side effects.

People that have been prescribed Levaquin have filed lawsuits claiming that it causes ruptured tendons and that the defendants’ warnings about this side effect were inadequate.

Defendants Johnson & Johnson, Ortho-McNeil Pharmaceutical, Inc., and Johnson & Johnson Pharmaceutical Research & Development are denying that Levaquin is defective or unreasonably dangerous. Defendants are also denying that they failed to provide adequate warnings.