Legal News Archive
On July 18, 2011, a status conference was held in the Superior Court of New Jersey, Atlantic County. The purpose of this conference was to update the Court on the status of discovery between the parties in cases alleging femur fractures or osteonecrosis of the jaw (“ONJ”) as a result of ingesting Fosamax, and to discuss case selection for upcoming trial settings.
On July 13, 2011, the U.S. Food and Drug Administration (“FDA”) issued a safety communication advising doctors and patients to consider alternative treatments to transvaginal mesh, also known as pelvic mesh. Additionally, the FDA announced that a panel will convene in September to determine whether transvaginal mesh should be removed from the market.
The U.S. Food and Drug Administration (“FDA”) announced that an advisory panel will convene on September 9, 2011 to discuss the side effects and risks associated with prolonged use of bisphosphonate drugs, such as Fosamax, Boniva, Actonel and Reclast. Bisphosphonates, such as Fosamax, are commonly prescribed for the treatment of osteoporosis.
On June 8, 2011, the U.S. Food and Drug Administration (“FDA”) issued a warning to physicians alerting them of potential side effects when prescribing high doses of Zocor (simvastatin). Manufactured by Merck & Co., Zocor is a synthetic statin used to lower cholesterol.
On May 31, 2011, the U.S. Food and Drug Administration (“FDA”) announced that it will undertake a review of the popular oral contraceptive Yaz to determine whether it puts patients at an increased risk for sustaining venous thromboembolism (“VTE”). Drospirenone is a type of progesterone used only in Yaz and Yasmin, and works by causing increased levels of potassium in the blood, which can, lead to a rare condition called hyperkalemia.
On July 4, 2011, a study published in the Canadian Medical Association Journal concluded that Chantix users who have no history of heart disease are at an increased risk of suffering heart attacks, strokes and other cardiovascular episodes.
On May 31, 2011, the U.S. Supreme Court asked acting Solicitor General Neal Kumar Katyal to file a brief, communicating the federal government’s views on whether reviving a putative class action accusing many cell phone providers of failing to warn and protect users from purportedly dangerous and hazardous radio frequency emissions would preempt federal regulatory responsibilities.
Manufactured by Pfizer, Zoloft is a selective serotonin reuptake inhibitor (“SSRI”) that has been linked to an increased risk of birth defects when taken by pregnant women.
On May 26, 2011, Judge Carol E. Higbee, who is presiding over the consolidated Fosamax femur fracture and osteonecrosis of the jaw (“ONJ”) litigation, held a status conference in the Superior Court of New Jersey, Atlantic County.
On June 1, 2011, the third status conference was held in the federal DePuy ASR MDL. The DePuy ASR MDL is currently pending in the United States District Court for the Northern District of Ohio. The Honorable David A. Katz, who has been assigned to manage the federal DePuy ASR MDL, led the conference along with Judge Brian R. Martinotti, who is overseeing the coordinated state action in New Jersey.
On May 31, 2011, the World Health Organization (“WHO”) concluded that heavy cell phone use puts individuals at an increased risk for both glioma, a malignant form of brain cancer, and acoustic neuroma, a tumor of the nerve that runs from the ear to the brain.
On May 23, 2011, the U.S. Judicial Panel on Multidistrict Litigation (“JPML”) ordered that all DePuy Pinnacle hip implant lawsuits pending in federal courts be consolidated and centralized in the U.S. District Court for the Northern District of Texas and assigned to Judge James E. Kinkeade.
On May 23, 2011, the U.S. Judicial Panel on Multidistrict Litigation (“JPML”) ordered that all Fosamax femur fracture lawsuits pending in federal courts be consolidated and centralized in the U.S. District Court for the District of New Jersey and assigned to the Honorable Garrett E. Brown, Jr.
On May 6, 2011, the U.S. Food and Drug Administration (“FDA”) sent requests to Johnson & Johnson and 20 other medical device manufacturers, including Zimmer and Stryker, requesting that they conduct post-market studies involving hip replacement implants and their respective failure rates.
A report published in the May 5, 2011 issue of the New England Journal of Medicine provides further confirmation that there is, in fact, a causal link between the widely criticized osteoporotic drug, Fosamax, and atypical femur fractures.
On April 12, 2011, the New Jersey Supreme Court issued an order centralizing all pending and future DePuy ASR hip lawsuits filed in the state of New Jersey. These DePuy ASR hip lawsuits will be coordinated for discovery purposes in Bergen County and assigned to the Honorable Brian R. Martinotti.
A new study published in the April 1, 2011 issue of General Dentistry entitled “What Every Dentist Should Know About Zinc” provides further confirmation that denture cream adhesives can lead to zinc poisoning.
On March 4, 2011, the U.S. Food and Drug Administration (“FDA”) issued a safety alert, warning women of child-bearing age that Topamax (topiramate) can increase their risk of having babies born with cleft lip and cleft palate.
Following the August 2010 DePuy ASR hip recall, DePuy contracted with Broadspire, a subsidiary of Crawford & Company. Broadspire is a third party insurance adjuster charged with the handling of claims initiated by those who received the defective DePuy ASR artificial hip implants.
DePuy ASR Hip MDL Judge Issues Order on Explant Preservation Protocol
On April 5, 2011, a hearing in the DePuy ASR Hip MDL was held before the Honorable David A. Katz. Following the hearing, on April 6, 2011, Judge Katz issued three separate orders related to the litigation.
On March 9, 2011, the frightening results of a study conducted by the British Orthopaedic Association in conjunction with the British Hip Society were released. The startling conclusion – DePuy ASR XL hip replacements have a 49 percent failure rate after six years. This means that half of the individuals who received a DePuy ASR XL hip replacement are likely to need revision surgery within six years of the implant date.
On March 23, 2011, Merck filed a petition to centralize all federal Fosamax femur fracture lawsuits it is currently defending. In its petition, Merck requested that the U.S. Judicial Panel on Multidistrict Litigation form an MDL to consolidate the Fosamax femur fracture lawsuits before one judge for pre-trial discovery.
On March 8, 2011, a DePuy Pinnacle lawsuit was filed by a Tennessee man who claims that he experienced problems with the Pinnacle hip, which forced him to undergo revision surgery to remove the defective metal-on-metal implant.
On February 11, 2011, the U.S. Food and Drug Administration (“FDA”) launched a new website, which outlines the risks associated with metal-on-metal hip implants. In addition to announcing that it will undertake a review to “assess the safety and effectiveness of metal-on-metal hip implants,” the FDA’s website devote several pages to addressing concerns that have been raised regarding the metal-on-metal hip implants.
On February 23, 2011, the U.S. Food and Drug Administration (“FDA”) sent a Notice and Recommended Action letter to denture adhesive manufacturers requesting that they consider removing zinc from denture cream products. In support of its request, the FDA highlighted the mounting literature and research suggesting that zinc contained in denture creams leads to zinc toxicity, which can result in severe neurological damage.
A study published in the Journal of the American Medical Association has important information for patients concerned about Fosamax side effects such as femur fractures. The study finds that patients taking Fosamax and other bisphosphonates to treat bone loss associated with osteoporosis are at risk for sustaining femur fractures.
On February 8, 2011, the first formal status conference in the federal DePuy ASR MDL was held in West Palm Beach, Florida. In his opening remarks, the Honorable David A. Katz stated that it is his hope that the MDL “will be as expeditiously handled as anticipated in a spirit of mutual cooperation.”
On May 3, 2011, an article published in Bloomberg Businessweek reported that denture cream adhesive manufacturer, GlaxoSmithKline, has paid at least $120 million to plaintiffs who filed lawsuits claiming that its Poligrip zinc-containing products caused them to sustain neurological damage.
On April 13, 2011, the U.S Senate’s Special Committee on Aging convened for a hearing entitled, “A Delicate Balance: FDA and the Reform of the Medical Device Approval Process.” During the two hour hearing, the Senate panel heard from seven witnesses commenting on both sides of the U.S. Food and Drug Association’s process currently in place for approving medical devices.
On April 8, 2011, Johnson & Johnson (“J&J”) entered into a settlement agreement with the U.S. Securities and Exchange Commission (“SEC”) as well as the U.S. Department of Justice for bribing European doctors and paying kickbacks for contracts to Iraq under the United Nations’ Oil-for-Food Program. According to the SEC, J&J’s actions violated the Foreign Corrupt Practices Act.
On March 25, 2011, preliminary discovery in the federal DePuy MDL was initiated. Plaintiffs issued three separate Notices of Oral and Video Depositions of DePuy Orthopaedics, Inc. pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure.
Metallosis: A Silent Side Effect of Hip Replacement FailureA recent U.K. study concluded that the DePuy ASR XL hip replacement failure rate could be as high as 49 percent— four times greater than initially thought when the DePuy ASR hip recall was issued in August 2010. Given that more than 90,000 DePuy ASR hip replacement products were sold worldwide prior to the recall, thousands of recipients are understandably concerned about the possibility of experiencing hip replacement failure in the future.
The fallout from the infamous August 2010 DePuy hip implant recall has not only lead to mounting lawsuits filed by individuals who sustained serious hip replacement complications, but finger pointing at both the manufacturers of the devices and the U.S. Food and Drug Administration (“FDA”).
Although health care providers have been aware of possible bisphosphonate side effects for some time, a February 23, 2011 study published in The Journal of the American Medical Association (“JAMA”) has many doctors rethinking treatment options to combat this condition.
On March 24, 2011, actor Martin Sheen took the stand in a New Jersey courtroom to testify about the dangerous side effects of Accutane use. Fellow actor, James Marshall is suing Roche, the manufacturer of the popular acne drug. Marshall is claiming that Accutane caused his inflammatory bowel disease, causing him to undergo emergency surgery to have his colon removed. Marshall is seeking $11 million in damages from Roche.
Update: Motion to Consolidate DePuy Pinnacle Lawsuits FiledOn March 25, 2011, a motion to consolidate all pending federal DePuy Pinnacle lawsuits was filed by a plaintiff in one of the DePuy Pinnacle lawsuits. In her petition to the U.S. Judicial Panel on Multidistrict Litigation, plaintiff Catherine Falvey requested that the panel consolidate all of the federal DePuy Pinnacle lawsuits into their own multidistrict litigation (“MDL”) or make them part of the DePuy ASR hip implant MDL, which is currently underway in the U.S. District Court for the Northern District of Ohio.
Although the first bellwether trial in the denture cream multidistrict litigation (“MDL”) is set to take place in June, the judge overseeing the litigation has ordered the parties to use out of court mediation as a means to resolve the lawsuit.
Merck & Co., manufacturer of the widely criticized osteoporotic drug Fosamax, paid $20.4 million to more than 2,000 U.S. doctors and health care providers to partake in speaking engagements on the drug manufacturer’s behalf during 2010. Merck recently posted this information on its website.
In August 2010, approximately 37,000 recipients of artificial hip replacement devices were notified of a massive DePuy ASR hip implant recall. Prior to the DePuy ASR hip implant recall, an estimated 90,000 artificial hips were sold worldwide.
On March 24, 2011, the U.S. Food and Drug Administration (“FDA”) posted worldwide Class 2 recalls for 68 DePuy ASR hip replacement products on its website. These recalls are in addition to 29 previous recall postings the FDA issued on July 17, 2010.
In March 2011, Theresa Metz of Pennsylvania filed a Fosamax femur fracture lawsuit in the United States District Court of New Jersey for injuries sustained as a result of using Fosamax. This latest Fosamax femur fracture product liability lawsuit alleges that the bisphosphonate caused Metz’s thigh bone to break while she was walking down the street.
On April 11, 2011, the U.S. Judicial Panel on Multidistrict Litigation issued a show cause order for plaintiffs in 10 states petitioning for the formation of a Multidistrict Litigation (“MDL”) to consolidate the Darvon/Darvocet lawsuits currently pending in federal courts nationwide.
When DePuy Orthopaedics recalled two of its hip implant systems last August—the DePuy Orthopaedics ASR XL Acetabular system and the DePuy ASR Hip Resurfacing System—there were already numerous scientific studies demonstrating the severe side effects of the DePuy hip implant systems to patients.
The effects of Fosamax have been the subject of numerous studies published in medical journals since 2004. Although early studies failed to show a strong causal link between femur fractures and Fosamax use, lately an increasing number of individuals in the medical community have started to reject earlier sentiments and have begun to re-examine the effects of Fosamax.
On March 4, 2011, a Darvon/Darvocet class action was filed against Mylan Pharmaceuticals Inc., Teva Biopharmaceuticals USA, Inc. and Qualitest Pharmaceuticals, Inc. for failure to warn consumers about the dangers associated with the recalled painkillers.
On March 7, 2011, David Floyd, president of Johnson & Johnson’s DePuy ASR unit, announced his resignation from the company. Although a spokeswoman would only state that he is leaving to “pursue interests outside the company,” Floyd is responsible for the division that manufactured the artificial hip replacements that were the subject of a massive DePuy ASR hip recall last August.
A South Carolina jury will determine whether drug manufacturer, Johnson & Johnson deceived state doctors about the safety of Risperdal. Risperdal is an antipsychotic drug often prescribed to mental-health patients.
On February 28, 2011, a DePuy class action lawsuit was filed in Australia alleging that the Johnson & Johnson subsidiary negligently manufactured its hip replacement implants.
On January 11, 2011, the Department of Veterans Affairs issued a VHA notice to all staff, including military hospitals where veterans received DePuy implants during hip replacement surgeries, advising them of DePuy’s August 26, 2010 voluntary recall. In addition to notifying veterans’ hospital staff and health care providers of the DePuy recall, the alert also outlined a protocol for practitioners and personnel to follow in order to protect the safety and health of veterans from the defective DePuy implants.
In order to process the large volume of claims since Johnson & Johnson subsidiary, DePuy Orthopaedics, announced a worldwide recall of its ASR hip replacements in August 2010, the corporation has contracted with a third party company to handle patients’ claims. If you underwent a hip replacement surgery in which a DePuy implant was used, you may have been contacted by Broadspire about your potential DePuy ASR hip replacement claim. However, before you sign any Broadspire letters, it is important that you are fully informed of how this will affect your legal rights, which includes the amount of damages you will be able to recover for your injuries.
The prescription drug Fosamax, manufactured and distributed by Merck & Co., is intended to treat bone loss associated with osteoporosis and other diseases. It has been linked to serious side effects, including femur fractures and jaw bone death known as osteonecrosis of the jaw, or (“ONJ”).
There is increased speculation as to whether DePuy may have a problem with another metal-on-metal product—the DePuy Pinnacle hip replacement system. Although the DePuy Pinnacle hip products were not included in the August 2010 DePuy hip implant recall patients have reported similar problems associated with hip replacement fracture.
Veterans from America’s wars who have undergone hip implant surgery in VA hospitals or elsewhere may now have another enemy to battle – one in their own bodies. Unfortunately, the DePuy hip implant, which was frequently used in VA hospitals and by orthopedic surgeons in private practice across the country, has been recalled by DePuy Orthopaedics, a division of Johnson & Johnson.
According to a recent investigative report by ABC news, excessive use of popular denture cream adhesives containing zinc can lead to permanent and debilitating damages, including neuropathy.
A person with a DePuy hip implant who is in pain, contemplating revision surgery to replace the DePuy hip implant, wondering about potential future problems with the DePuy hip implant, may wonder what kinds of damages may be recoverable from DePuy in a lawsuit.
The DePuy hip implants were recalled by Johnson & Johnson on August 26, 2010, after data revealed excessively high failure rates. As a result, Johnson & Johnson anticipates litigation and recall related expenses to grow.
The DePuy ASR hip replacement, which DePuy Orthopaedics recalled several months ago following disclosures that it frequently failed and required painful and costly revision surgery, is already the basis of numerous lawsuits against DePuy and its corporate parent, Johnson & Johnson.
If you are worried about Fosamax side effects, you’re not alone. Now, in fact, one of the most troubling side effects associated with the use of Fosamax and other bisphosphonates such as Boniva, which are prescribed to treat osteoporosis, is the subject of updated information just issued by the U.S. Food and Drug Administration. This Fosamax side effect is formally known as an atypical fracture of the femur.
On October 13, 2010, the U.S. Food and Drug Administration (“FDA”) issued a femur fracture warning informing patients and health care providers about the possible risk of atypical thigh bone (femur) fractures in patients who take bisphosphonates, such as Fosamax.
On September 15, 2010, a U.S. Food and Drug Administration (“FDA”) advisory panel met to determine whether there should be a nationwide Meridia recall. Prompted by recommendations from editors at the New England Journal of Medicine (“NEJM”), a panel of sixteen met to decide whether a Meridia recall should be issued. Although Meridia has been linked to an increased risk of heart attack and stroke, the FDA panel was split on whether to issue a Meridia recall. If you or a loved one has used Meridia and experienced a heart attack, stroke or other serious side effect, contact one of our Meridia injury lawyers immediately to discuss your legal rights and options.
On September 14, 2010, a study published in the Journal of Bone and Mineral Research concluded that bisphosphonate drugs, such as Actonel, Boniva, and Fosamax, designed to build bone mass, may be related to rare but serious fractures of the thigh bone when used long- term. Lawsuits are being filed by those suffering from Fosamax related femur fractures. If you or a loved one have suffered a femur fracture after using Fosamax, contact one of our attorneys to discuss your legal rights and options
DePuy Orthopaedics, a division of Johnson & Johnson, has recalled its DePuy ASR metal-on metal hip replacement system prompting many to file a DePuy hip replacement lawsuit. All individuals who received a DePuy ASR hip have been advised to contact their surgeons for an evaluation. Patients may experience pain and trouble walking; many have had to undergo painful surgeries to replace the defective hip implant. If you have been approached by DePuy or Johnson & Johnson with a DePuy hip replacement settlement, you may want to consult with a lawyer before you sign any documents or provide any confidential medical information. The DePuy ASR hip replacement lawyers at Bernstein Liebhard are reviewing potential hip replacement lawsuits and hip replacement class action lawsuits for DePuy ASR hip patients. Contact a Bernstein Liebhard hip replacement lawyer today to request a free consultation and claim evaluation by one of our lawyers. We handle DePuy hip replacement recall cases nationwide.
Bernstein Liebhard LLP is continuing to investigate potential hip replacement lawsuits after DePuy Orthopaedics, Inc., announced a recall of two hip replacement implants due to high early failure rates. The recall could affect up to 93,000 people worldwide. If you believe you may have a potential DePuy hip replacement lawsuit, contact one of our DePuy hip replacement lawyers for a free, confidential case review. We are actively investigating hip replacement lawsuits all over the country. Potential DePuy ASR hip lawsuits are being pursued for individuals who received the metal-on-metal hip implant. Complications from DePuy ASR hip implants can lead to revision surgery. To learn more about the DePuy lawsuit contact us today.
On August 30, 2010, the first hip replacement class action was filed against DePuy Orthopaedics, a division of Johnson & Johnson, in United States District Court in the Northern District of California. The DePuy hip replacement class action was brought on behalf of all individuals who underwent hip replacement surgery and had an ASR XL Acetabular System or an ASR Hip Resurfacing System, or any component thereof, surgically implanted. The hip replacement class action lawsuit alleges that DePuy knew that its ASR hip replacement devices were prone to fail within approximately two years of implantation despite the fact that the devices are supposed to last more than fifteen years. If you are intersted in filing a class action lawsuit contact one of our hip replacement lawyers today.
ACCUTANE NEWS: Study Links Accutane to Inflammatory Bowel Disease.
A March 30, 2010, article published in the American Journal of Gastroenterology linked Accutane use to bowel problems. The purpose of the study was to find a cause-and-effect relationship between Accutane and inflammatory bowel disease (“IBD”). Researchers from the University of North Carolina Chapel Hill found that Accutane increased the risk of developing ulcerative colitis by a factor of four. For more information, click here. If you or a loved one have used Accutane and have suffered from IBD, ulcerative colitis, Chron’s disease, depression, suicide or birth defects, contact one of our Accutane injury lawyers immediately to discuss your legal rights and options.
AVANDIA NEWS: U.S. Senate Report Shows Avandia Maker Knew of Heart Attack Risks.
After a two year inquiry, the U.S. Senate released a report on February 20, 2010, stating that GlaxoSmithKline knew of possible heart attack risks tied to Avandia, a popular medication manufactured by GlaxoSmithKline to treat Type 2 diabetes, years before such evidence became public. For more information, click here. If you or a loved one used Avandia and suffered a heart attack, congestive heart failure, heart complications or any other serious injury, contact one of our Avandia injury lawyers immediately to discuss your legal rights and options.
DENTURE CREAM NEWS: GlaxoSmithKline To Stop Manufacturing Certain Denture Cream Products Because of Potential Link To Serious Health Problems.
On February 18, 2010, the maker of Poligrip denture cream products (GlaxoSmithKline) announced that it would stop making and supplying denture creams containing zinc. The company explained that it was taking these actions because it has become aware of “potential health problems associated with the long-term excessive use of our zinc-containing denture adhesive products.” The products to be reformulated are Super Poligrip Original, Ultra Fresh and Extra Care. For more information, click here . If you or a loved one uses denture cream, contact Bernstein Liebhard’s denture cream lawyers today to determine whether you may be able to file a denture cream lawsuit, including either a Fixodent lawsuit or a Poligrip lawsuit. We handle denture cream cases nationwide, regardless of where the client is located in the United States
ABC’s Good Morning America (“GMA”) airs a nationally televised segment about consumers allegedly injured from zinc in denture cream. The GMA coverage from May 5, 2009, is available online by going to our GMA Denture Cream page.