Bankruptcy Affords No Protection in GM Ignition Switch Lawsuits

By | Consumer protection, Uncategorized

GMAn appeals court ruled against GM in the car manufacturer’s attempt to avoid liability in GM ignition switch lawsuits. It may appear odd that GM would seek to be released from such cases where their liability is so clear. However, this all relates to their 2009 bankruptcy filing.

Bankruptcy

Out of GM’s bankruptcy process came a new entity, “New GM”. Claims filed against GM before bankruptcy were void in regards to New GM. This meant that New GM could avoid liability in ignition switch lawsuits targeting their pre-bankruptcy entity, “Old GM”.

However, the appeals court ruling essentially said, “Not so fast.

Due Process of Law

GM failed to mention defective ignition switches when filing for bankruptcy. This omission led the 2nd US Circuit Court of Appeals to conclude that GM deprived consumers of due process of law. As a result, consumers’ claims stand against New GM.

No Protection in Bankruptcy

The appeals court judges stated that “[i]f a debtor does not reveal claims that it is aware of, then bankruptcy law cannot protect it.”

GM now faces responsibility in 1000 ignition switch lawsuits that involve death or injury.

File a GM Ignition Switch Lawsuit

Ask an attorney at Carey Danis & Lowe about your case. During a free case evaluation, we can help you determine if filing a GM lawsuit is right for you and your family. Call 800.721.2519, or complete our confidential online form.

Over 700 IVC Filter Lawsuits Pending in Federal Court

By | IVC Filters, Uncategorized

inferior vena cavaAs of July 2016, there are over 700 Inferior Vena Cava (IVC) filter lawsuits pending in a federal court in Arizona. The multidistrict litigation (MDL) is IN RE: Bard IVC Filters Products Liability Litigation, MDL No. 2641.

The US Food and Drug Administration (FDA) issued a warning on IVC filters after receiving hundreds of adverse event reports. According to the FDA’s warning from May 2014, the adverse event reports “include device migration, filter fracture, embolization (movement of the entire filter or fracture fragments to the heart or lungs), perforation of the IVC, and difficulty removing the device.”

IVC Filter Study

Carey Danis & Lowe attorneys described an IVC filter study conducted by the Yale School of Medicine, and published in March 2016 in the Journal of the American College of Cardiology. Ultimately, the researchers concluded that IVC filter benefits are still unclear.

IVC Filter Lawsuits

Did you suffer an IVC filter injury? If you did, we encourage you to explore your legal options with one of our attorneys. Carey Danis & Lowe offers free, no obligation case evaluations. Call our law firm today — 1-800-721-2519. You can also reach us online through our confidential personal injury claim form.

Invokana Kidney Failure, FDA Strengthens Warning

By | Invokana, Uncategorized

Invokana diabetic ketoacidosisInvokana has been a familiar subject in US Food and Drug Administration (FDA) safety releases as of late. In the past year, the FDA issued safety updates on Invokana and diabetic ketoacidosis, serious urinary tract infections, amputation, and kidney failure. The latest warning, which the FDA issued in mid-June 2016, is about Invokana kidney failure.

According to the strengthened warning, the kidneys can suddenly stop functioning in people using Invokana, Invokamet, canagliflozin (generic equivalent), and dapagliflozin. If the kidneys stop functioning, the body is unable to flush waste, resulting in a dangerous accumulation of waste in the body.

The FDA’s strengthened warning came after the regulatory agency received just over 100 adverse event reports relating to Invokana and kidney failure. Adverse event reports are submitted to the FDA to report injuries from a drug or medical device.

Invokana Amputation

In May 2016, the Invokana attorneys at Carey Danis & Lowe covered the FDA’s warning on Invokana amputation. The FDA issued the amputation warning after reviewing data from an ongoing study.

Do you have an Invokana lawsuit?

Ask an Invokana attorney at Carey Danis & Lowe about your case. We offer free, no obligation case consultations.

Call 800.721.2519, or complete our confidential online form.

The Most Common Cause of Truck Accidents

By | Truck Accidents, Uncategorized

truck accidentsWhat’s the most common cause of truck accidents?

Driver error.

This probably doesn’t come as a surprise, especially since driver error encompasses so much—from distracted driving to fatigue to performance pressure to driving while under the influence.

According to National Highway Traffic Safety Administration (NHTSA) Administrator, Dr. Mark Rosekind, “[n]inety-four percent of crashes can be tied back to a human choice or error.” Also, an NHTSA press release from July 2016 noted “a 7.7 percent increase in motor vehicle traffic deaths in 2015”.

The high percentage of vehicular accidents attributable to driver error, in addition to the rise in 2015 fatalities, influenced Dr. Rosekind’s statement that “we need to focus our efforts on improving human behavior while promoting vehicle technology that not only protects people in crashes, but helps prevent crashes in the first place.”

90% for Decades

Driver error as the cause of around 90% of car and truck accidents in the US has been a reality for decades, as confirmed by multiple reports. An article by Stanford University’s The Center for Internet and Society provided a summary from reports published between 1979-2015.

  • 1979 — 90-93% in Tri-Level Study of the Causes of Traffic Accidents
  • 2001 — 99% in National Highway Traffic Safety Administration (NHTSA) study
  • 2008 — 93% in National Motor Vehicle Crash Causation Survey by NHTSA
  • 2015 — 94% in NHTSA study

Do you have a personal injury lawsuit?

If you, or someone you love, suffered injuries from a truck accident, we encourage you to explore your legal options. What’s of the utmost importance is to choose an experienced truck accident attorney, who has a record of success with these kinds of cases.

Ask an attorney at Carey Danis & Lowe about your case. We offer free, no obligation case consultations.

Call 800.721.2519, or complete our confidential online form.

CA & WA Attorneys General Sue J&J

By | Transvaginal Mesh, Uncategorized

transvaginal mesh lawsuitThe Attorney General of California and Washington state filed separate transvaginal mesh lawsuits targeting Ethicon and Johnson & Johnson (J&J). Their lawsuits claim that the pharmaceutical giant knew of the serious risks associated with their vaginal mesh products, but the company hid this knowledge. By doing so, Ethicon and J&J violated consumer safety, according to the lawsuits.

Lawsuits Pending in Federal Court

These lawsuits come as thousands of similar cases remain pending in a federal court in West Virginia. Ethicon and J&J are defendants in a multidistrict litigation (MDL) in the US District Court for the Southern District of West Virginia. The MDL is In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL no. 2327.

As of late June 2016, there are over 32,000 transvaginal mesh lawsuits pending in the Ethicon MDL.

J&J Responds to Lawsuits

J&J reacted to the actions of these two Attorneys General by issuing a statement emphasizing that neither they nor their subsidiary, Ethicon, committed any wrongdoing in developing, manufacturing, and marketing their pelvic slings.

The company plans to defend itself against these claims.

Do you have a pelvic sling case?

You can discuss your case with one of our experienced attorneys. We offer free, no obligation case evaluations. Call 800.721.2519, or complete our confidential online form.

FDA Warns of Invokana Amputation

By | Invokana, Uncategorized

Invokana diabetic ketoacidosisData from an ongoing study revealed a risk of amputation among people taking the diabetes drug Invokana. This data prompted the US Food and Drug Administration (FDA) to release a safety update about Invokana, and the version of the drug with metformin, Invokamet, in mid-May 2016.

The study—Canagliflozin Cardiovascular Assessment Study (CANVAS)—followed participants for almost 5 years. During that period, researchers found a twofold increase in the risk of amputation among participants taking Invokana versus a placebo.

About 7 out of every 1,000 participants taking 100 mg of Invokana (canagliflozin) per day underwent amputation. The risk lowered slightly in participants taking 300 mg of Invokana per day and in those taking a placebo.

Amputation of legs, feet, and toes were most common among CANVAS participants.

Invokana has also been linked to diabetic ketoacidosis, a serious condition that often requires hospitalization, and is potentially fatal.

Do you have an Invokana case?

You can find out if filing an Invokana lawsuit is right for you by asking a Carey Danis & Lowe attorney. We offer free, no obligation case evaluations. Call 800.721.2519, or complete our confidential online form.

FDA Levaquin Warning: Serious Side Effects Could Become Permanent

By | Levaquin, Uncategorized

In mid-May 2016, the US Food and Drug Administration (FDA) issued a new safety warning about Levaquin (fluoroquinolone). The regulatory agency warned of serious side effects that could become permanent.

Levaquin side effects mentioned in the warning include:

  • Tendon, joint, and muscle pain
  • “Pins and needles” prickling sensation
  • Confusion
  • Hallucinations

According to the FDA, these side effects can occur simultaneously, and can become permanent.

With this new information, the FDA ordered that drug labels for Levaquin and other fluoroquinolone drugs be updated.

We are here to help you.

Do you have a Levaquin case? We can help you determine if filing a Levaquin lawsuit is the right decision. Our law firm offers free, no obligation case evaluations.

Contact Carey Danis & Lowe today. Call 800.721.2519, or complete our confidential online form.

Yale IVC Filter Study: Benefits Unclear

By | IVC Filters, Uncategorized

inferior vena cavaIn March 2016, a medical journal published a study on IVC filters conducted by the Yale School of Medicine. The study, “Vena Caval Filter Utilization and Outcomes in Pulmonary Embolism : Medicare Hospitalizations From 1999 to 2010”, appeared in the Journal of the American College of Cardiology.

The Yale researchers found that lots of patients—1 in 6—received an inferior vena cava (IVC) filter to prevent pulmonary embolism, a condition in which a blood clot is in the lungs. From their findings, they concluded that IVC filter benefits are still unclear, and that’s why the lead researcher called for additional studies.

The researchers felt that more patients received an IVC filter than necessary, and future research could potentially pinpoint which patients would be ideal candidates for an IVC filter implant.

IVC Filter Risks

Documented IVC filter risks include device migration, fracture, and perforation. IVC filters have been known to become dislodged, and migrate towards the heart and lungs.

These medical devices have also fractured, with fragments migrating to the heart and lungs. In addition, IVC filters have perforated the inferior vena cava (IVC) vein and other organs and tissues in some patients.

We can help.

If you or a loved one suffered an IVC filter injury from the Bard Recovery filter, Bard G2 filter, Cook Gunther Tulip filter, or another model of IVC filter, we encourage you to explore your legal options with one of our attorneys.

Carey Danis & Lowe offers free, no obligation case evaluations, in which we help you determine if filing an IVC filter lawsuit is right for you.

Call our law firm today — 1-800-721-2519. You can also reach us online through our confidential personal injury claim form.

Invokana Ketoacidosis & Kidney Failure

By | Invokana, Uncategorized

Invokana diabetic ketoacidosisPeople with Type 2 diabetes take Invokana, or the version with metformin—Invokamet, to regulate blood sugar levels. Treating Type 2 diabetes with medication, along with improved diet and exercise, is important; however, in the case of Invokana and Invokamet, the risks may outweigh the benefits.

What is Invokana?

Invokana is a sodium-glucose co-transporter-2 (SGLT2) inhibitor. It is only FDA-approved to treat Type 2 diabetes, not Type 1.

Invokana side effects

Invokana is linked to diabetic ketoacidosis. This occurs when the body overproduces a blood acid, called a ketone. Ketoacidosis is a serious condition that can result in hospitalization.

Ketoacidosis symptoms include:

  • Abdominal pain
  • Confusion
  • Dehydration
  • Fatigue
  • Trouble breathing
  • Vomiting

The US Food and Drug Administration issued a warning about diabetic ketoacidosis in May 2015. And adding to that warning, the FDA mandated that drug makers update warning labels to include information about ketoacidosis.

The FDA also required drug makers to begin postmarketing studies on ketoacidosis and patient health.

Another Invokana side effect is urinary tract infection that can cause kidney failure. People who used Invokana, and suffered kidney failure, ended up being hospitalized for their injuries.

We can help.

Do you have an Invokana case?

We can help you determine if filing an Invokana lawsuit is the right decision. Our law firm offers free, no obligation case evaluations.

Contact Carey Danis & Lowe today. Call 1-800-721-2519, or complete our confidential online form.

Lexapro Blamed in Infant’s Death

By | Pharmaceutical litigation, Uncategorized

Lexapro birth defects lawsuitA commonly used anti-depressant is at the center of a lawsuit in the death of a one-day old child.

Sonja Jamsek took a mild dose of Lexapro during her pregnancy. Her doctor warned that her infant might experience withdrawal after being born.

However, the doctor didn’t advise that her infant may develop Persistent Pulmonary Hypertension of the Newborn (PPHN). At the time, her doctor was unaware of this particular Lexapro birth defect.

Lexapro & PPHN

Sonja Jamsek alleges that Lexapro is to blame for pulmonary hypertension in her baby. She argues that PPHN limited her daughter’s oxygen supply and caused fatal internal bleeding.

Pharmaceutical Companies Must Warn about Risks

It’s a drug company’s responsibility to inform physicians and patients about all known risks involved in taking medication. When they don’t, they must be held accountable for damages.

We have helped other families just like yours.

Over the last decade, Carey Danis & Lowe attorneys have obtained over $1 billion in compensation on behalf of clients in cases against manufacturers of harmful pharmaceutical products.

Our St. Louis law firm assists families whose lives have been turned upside down because of Lexapro birth defects.

If your newborn developed a birth defect as a result of exposure to Lexapro in the womb, you may be entitled to receive compensation.

Our experienced Lexapro lawyers can assist you in exploring your legal options in a free consultation.

Contact Us

Please call Carey Danis & Lowe today at 800.721.2519, or email us.