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Carey Danis Lowe Archives - Carey Danis & Lowe

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.

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.

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.

Scotland’s Health Minister Apologizes to Transvaginal Mesh Victims

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Boston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsBoston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsShona Robison, Scotland’s Health Minister, formally apologized to women who suffered complications following transvaginal mesh implant surgeries.

Ms. Robison recognized that the medical establishment hadn’t listened to the women who experienced pain and suffering from the implant. The mesh was used to treat incontinence or organ prolapse. She agreed with victims that it shouldn’t have taken an act of Scottish Parliament to expose the issue.

Last summer Health Secretary Alex Neil requested a suspension of the controversial procedure, due to the concerns of women who had suffered from the mesh implant. Many victims were upset that over 75 women have received the operation since the suspension was requested. Fortunately, the numbers of implant surgeries in Scotland have decreased dramatically.

Two members of Scottish Mesh Survivors, Elaine Holmes and Olive McIlroy are asking for an inquiry or independent study to understand the depth of the problem.

An Independent Review of Transvaginal Mesh Implants completed an Interim Report, which called for better training to make sure that medical practitioners were aware of the potential issues after mesh procedures. Another finding was that because women were not believed about their complications, they experienced more distress and had to wait longer for help.

Carey Danis & Lowe fights for victim rights.

If you or someone you love has suffered pain or complications from mesh implants, please call us at 800.721.2519. Carey Danis & Lowe attorneys have the experience and knowledge to provide successful legal representation in medical liability cases.

Our team of professional doctors and nurses will answer your health questions. For a free legal consultation, complete a confidential personal injury claim form.

Chicago Tribune Article on Testosterone

By | Pharmaceutical litigation, Testosterone, Uncategorized

testosterone gel lawsuitTestosterone therapy promises men more energy and heightened libidos, but some patients say those promises were accompanied by heart attacks and pulmonary embolisms.

Testosterone has been approved for men impacted by testicular injury, genetic conditions or chemotherapy. However, due to a huge marketing campaign to doctors and patients, testosterone has become a $200 billion a year industry, touting the “Fountain of Youth” effects of increased energy and a re-charged sex drive.

About a week after receiving his first testosterone injection Steve Schabel, of Indiana, had difficulty breathing, which got worse over time. At the hospital he learned he’d suffered a near-fatal double pulmonary embolism, blocking veins on both lungs.

He felt like he was going to die. Now he’s taking blood thinners for the rest of his life.

AbbVie and Abbott Laboratories, both located in North Chicago, make testosterone. They and other drug companies are defendants in the 2,000 lawsuits brought by men who have suffered heart attacks and strokes that they claim were caused by testosterone therapy.

Many of the lawsuits have been combined into one Chicago courtroom that may help determine the future of the off-label medical treatment. The lawsuits raise questions on how the drug is marketed and highlight patient difficulty in assessing benefits and risks.

Carey Danis & Lowe can help victims of testosterone therapy.

If you believe that testosterone therapy is to blame for your heart attack or stroke, call Cary Danis & Lowe attorneys for a free legal consultation. You may be eligible for compensation.

We work alongside a team of medical professionals and our nurses are available to answer your health questions.

Contact us by phone at 800.721.2519, or complete a confidential personal injury claim form.

TVM Dallas Case

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Anterior-Vaginal-MeshEthicon, a branch of Johnson & Johnson, failed to disclose the dangers and complications linked to its Prosima vaginal mesh device. These statements were given by experts in Texas State Court in late September.

In the first court case involving Ethicon Inc.’s Prosima product, Dallas County District Court jurors were presented internal Ethicon documents that U.S. FDA specialists and urogynecology experts said showed the company was aware the product showed more risks and potential problems than Ethicon told doctors about.

By not disclosing the vaginal mesh risks, Ethicon is to blame for her pain and suffering, says Plaintiff Carol Cavness.

In heart-wrenching testimony, Ms. Cavness told the court how the agony and limitations caused by the Prosima vaginal mesh device affected her marriage to the point of divorce. The Prosima complications also continue to hinder her relationships with her children and grandchildren because she’s no longer physically able to join in activities with them.

In addition, Carol Cavness fears losing her airline mechanic job because the physical pain impairs her ability to perform heavy physical duties required by the job.

Three of the 6 cases filed against Ethicon over its pelvic mesh products have returned jury awards ranging from $1.2 to $11.1 million.

Carey Danis & Lowe seeks justice in medical product liability cases.

If you or a loved one has suffered complications related to the vaginal mesh Prosima device, compensation for pain and suffering may be due.

Our expert product liability attorneys will guide you through a free consultation and give you details about filing a Prosima mesh lawsuit.

Please contact Carey Danis & Lowe by calling 800.721.2519 or send us an email.

Class Action Employee Stock Ownership Program

By | Class Action, Consumer protection, Uncategorized

Carey Danis & Lowe Investigating Underpayment for Stock in Employee Stock Ownership Programs

Carey Danis & Lowe is currently conducting an investigation into the administration of certain Employee Stock Ownership Plans, or ESOPs in the State of Illinois and around the country. ESOPs are programs where employees of a company are provided company stock in connection with their employment, usually as a company-provided benefit or as a component of an employee’s compensation package.

Upon leaving the company, employees who participate in an ESOP plan are generally provided with the opportunity, or even required, to cash out whatever company stock they may have. We have been made aware of circumstances where an employee cashing out his or her ESOP stock may have been uncompensated, and are investigating whether those former employees are entitled to compensation.

If you are a former employee of a company with an ESOP and you would like to speak with an attorney to see if you may have a claim for damages, please contact James J. Rosemergy at Carey Danis & Lowe for a free, confidential case evaluation.