defective 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.


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.

Vaginal Mesh Surgery: Study on Low- & High-Volume Surgeons

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

vaginal_mesh_lawsuit_litigationSurgical operations strike fear in some patients; before the procedure, they worry about what could go wrong.

A new study shows that less can go wrong with surgeons who’ve performed the same procedure, in this case, transvaginal mesh implants, a large amount of times.

The team of defective medical device lawyers at Carey Danis & Lowe reported on this study in late October 2015. Check out our blog to read that article, and get more background on this study.

Accompanying the study, which JAMA Surgery published in September 2015, was commentary from Quoc-Dien Trinh, a medical doctor specializing in urology at Brigham and Women’s Hospital in Boston.

Trinh commented that when patients select a surgeon, the number of procedures performed by a surgeon is a somewhat reliable measurement in determining the operation’s outcome.

High-volume surgeons made fewer mistakes, according to study data. In fact, the study’s lead researcher remarked that “surgeons who performed a lower number of implants had a 37 per cent increased likelihood of a patient having complications, compared to their higher-volume counterparts.”

Even so, from our conversations with women who have been injured by transvaginal mesh, it’s clear that there’s more to these operations than volume. These medical devices are defective from the start. So, irregardless of volume, surgeons go into these procedures with a defective product.

Do you have a transvaginal mesh case?

If you’ve been injured by transvaginal mesh, you may be eligible to receive compensation for your losses. We offer free, no obligation case evaluations.


We’re here to listen to your experience with transvaginal mesh. Call Carey Danis & Lowe at 800.721.2519, or complete a confidential personal injury claim form.


$2M Vaginal Mesh Verdict Tied Up in Appeals Court

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

transvaginalmeshlawsuitFast-tracking medical device approvals is tying up a $2 million jury verdict. The plaintiff in a transvaginal mesh lawsuit won a $2 million award, but now the award is under question in an appeals court.


The defendant in the case, transvaginal mesh manufacturer C.R. Bard, argues that the verdict needs to be voided. The company contends that evidence presented to the jury was incomplete.

During the trial, both parties didn’t mention how the transvaginal mesh device under question received its approval from the US Food and Drug Administration (FDA).

With most transvaginal mesh products, companies received approval via the 510(k) process.

What’s a 510(k)?

Think of the 510(k) as a template system. A medical device manufacturer submits their transvaginal mesh device to the FDA for approval. That device wins approval due to its rigorous testing, and it becomes the template for future products.

Future transvaginal mesh devices can apply for FDA approval using the 510(k) process, and can cite similarity to that first device that received FDA approval.

In the case of transvaginal mesh, citing similarity was enough to bring these defective products to consumers.

Too many modifications

However, there comes a point when medical devices have been modified so much, they can no longer be considered similar to the first device with FDA approval. This alone should require the manufacturer of the highly-modified device to conduct rigorous research to determine safety.

This wasn’t the case for most transvaginal mesh devices, and is the reason why women all over the world are stepping forward to hold manufacturers like C.R. Bard, Ethicon, American Medical Systems, and Boston Scientific accountable.

We can help you step forward.

Are you ready to share your transvaginal mesh story? We’re here to listen, and to help you.

Our experienced transvaginal mesh lawyers are available to discuss your case during a free consultation. We’ll guide you through your legal options, compensation eligibility, and whether filing a transvaginal mesh lawsuit is the right decision for you.

Contact Carey Danis & Lowe by phone at 800.721.2519, or by completing a confidential personal injury claim form.

We look forward to hearing from you soon.

Vaginal Mesh Slings Fail in about 3 Percent of Incontinence Surgeries

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Boston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsBoston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsA new study finds that about 1 in 30 women who opt for vaginal mesh implants need to remove or replace the devices within 10 years.

Patients fared best when sling operations were done by surgeons who performed the greatest volumes of surgeries.

The Journal of American Medical Association notes that in the United States, an estimated one in 7 adult females will have operations for urinary stress incontinence during their lifetime.

Research has linked the slings to mesh erosions, fistulas and chronic pain in the pelvic area and legs. Repairing the damage caused by vaginal slings, involves repeat surgeries to remove or replace the implants.

More than 50,000 women in the US have entered into class action lawsuits to recoup compensation for injuries caused by the mesh.

Carey Danis & Lowe seeks justice for those who have been harmed by vaginal mesh.

If you have pain and suffering related to a vaginal mesh implant, our product liability attorneys will guide you through your legal options.

During a free legal consultation, one of our defective medical device lawyers will walk you through compensation eligibility, and if applicable, the process of filing a vaginal mesh sling lawsuit.

To find out more about filing a vaginal mesh lawsuit, contact Carey Danis & Lowe by phone at 800.721.2519, or by completing a confidential personal injury claim.

Death Toll Climbs to 124 from Defective GM Ignition Switches

By | Class Action, Uncategorized

UntitledThe number of deaths from the defective General Motors ignition switch has reached 124. That number is a grim reminder of how the company’s cover up devastated in many people’s lives.

Various GM models from 2003-2011 have been recalled to replace an ignition switch that can move into the accessory position due to a heavy key chain or sudden jarring. The accessory position disables power steering, power brakes and airbags.

The car maker’s compensation fund said it certified 124 deaths and 269 injuries in July of 2015, according to the Chicago Tribune.

Families of victims are being offered a minimum compensation of $1 million each.

GM recalled 2.6 million Chevrolet Cobalt’s and other cars in 2014, with models ranging from 2003 to 2011. General Motors admitted that it knew about the ignition switch problems for more than 10 years.

Were you injured by GM’s defective ignition switch?

If you suffered injuries or loss due to GM’s faulty ignition switch, contact Carey Danis & Lowe attorneys for a free legal consultation to discuss options.

Carey Danis & Lowe is investigating class action claims against GM . For more information, please contact Tiffany M. Yiatras, Corey D. Sullivan, or Francis J. “Casey” Flynn, Jr. at 1-800-721-2519 or via email.

Despite Current Safety Concerns, FDA Approves Newest Pelvic Mesh Product

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Boston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsBoston Scientific Ordered to Release Defective Transvaginal Mesh DocumentsThe US FDA approved Caldera Medical’s latest version of Vertessa Lite mesh in June 2015, even though there is ongoing controversy about the safety of these type of devices.

Caldera Medical, a startup, makes the product to treat Pelvic Organ Prolapse (POP). The large pore mesh corrects the position of vagina after pelvic organs have bulged into the top of the vagina.

On the flip side of this approval is the fact that another mesh manufacturer, Medtronic, recently paid a huge settlement for more than 11,000 vaginal mesh victims.

The FDA has known since 2011 that dire problems result from transvaginal repair for Pelvic Organ Prolapse.

Indeed, they are considering reclassifying pelvic mesh from a moderate risk or class II device, to the more stringent class III device which necessitates a premarket approval (PMA) application.

The premarket approval application will require manufacturers to provide clinical data to show a reasonable assurance of safety and effectiveness for transvaginal mesh used in POP repair.

Unfortunately, with the recent approval of the updated mesh product, Caldera Medical hasn’t been subject to these more stringent testing procedures. The company is one of many named in more than 70,000 lawsuits regarding transvaginal mesh.

The FDA says that the most common problems with these mesh products are erosion through vaginal epithelium, infection, pain, urinary problems and recurrence of prolapse and/or incontinence.

Cary Danis & Lowe will fight pharmaceutical companies on your behalf.

Our attorneys represent women who have suffered emotionally and physically from defective transvaginal mesh. We continue to research cases and are available to discuss your case during a free case evaluation.

Please contact Carey Danis & Lowe by phone at 800.721.2519 or by completing a confidential personal injury claim form.

$100 Million Awarded to Plaintiff in Transvaginal Mesh Lawsuit

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

boston_scientifi_transvaginal_mesh_lawsuitA woman who suffered serious injuries from a transvaginal mesh implant received a $100 million award in a jury verdict. The trial occurred in a state court in Delaware in May 2015.

The woman in the case, Deborah Barba, filed a transvaginal mesh lawsuit against Boston Scientific after sustaining injuries from the company’s Pinnacle and Advantage Fit vaginal mesh products.

Barba claimed to have suffered from mesh erosion, according to a Bloomberg article on the trial.

The plaintiff also experienced chronic pain, and was unable to have sexual intercourse.

According to an article from The Guardian, Barba underwent 2 surgical procedures to remove her mesh implant. Both procedures were unsuccessful in complete removal.

In addition to her claims of physical injury, the plaintiff claimed that Boston Scientific’s transvaginal mesh was defective, and that the company concealed the design defects from patients and health care providers.

The Delaware jury agreed with the plaintiff on these allegations.

The jury awarded Barba $25 million in compensatory damages and $75 million in punitive damages.

The award handed to the plaintiff by the jury is the largest to date in a transvaginal mesh lawsuit involving Boston Scientific.

A Boston Scientific spokesperson told Bloomberg that the company plans to appeal the verdict.

Carey Danis & Lowe can help you.

Our law firm currently represents women who have suffered emotionally and physically from defective transvaginal mesh. We continue to investigate cases, and are available to discuss your case during a free case evaluation.

You can reach Carey Danis & Lowe by phone at 800.721.2519, or by completing a confidential personal injury claim form.



J&J to Appeal $3M Verdict in Topamax Birth Defects Lawsuit

By | Pharmaceutical litigation, Topamax, Uncategorized

topamax_lawsuitIn March 2015, a Pennsylvania jury awarded a Wisconsin family a $3 million award in a Topamax birth defects lawsuit. The suit, which the family filed in December 2011, alleged that Johnson & Johnson, and the subsidiary Janssen Pharmaceuticals, failed to warn patients and health care providers about the birth defects risks associated with using Topamax while pregnant.

The family presented their case in the Philadelphia County Court of Common Pleas. The mother used Topamax during her pregnancy to treat chronic migraines. The family’s child was born with a cleft lip, which they claim is the result of the child’s exposure to Topamax in the womb.

According to a Law360 article on the Topamax lawsuit, about 3.8% of children exposed to Topamax in the womb develop an oral birth defect. Unfortunately, the risk of developing a cleft lip or a cleft palate is high for these children.

Johnson & Johnson and Janssen Pharmaceuticals expressed empathy for the family in the case. However, the defendants said that they made the decision to appeal the jury’s $3 million verdict.

They felt that the jury didn’t account for other factors that may have influenced the child’s development of a cleft lip.

We are here to help you.

Carey Danis & Lowe works with families whose children have been injured by Topamax in the womb. Our team of defective drug lawyers is dedicated to recovering losses for these families.

Our lawyers are available to help you. We offer free case evaluations, during which we discuss your case, your compensation eligibility, and whether filing a Topamax birth defects lawsuit is right for you and your family.

The Carey Danis & Lowe staff also includes medical professionals, who are available to answer your questions about Topamax birth defects.

You can reach our law offices by phone at 800.721.2519, or by completing a confidential personal injury claim form.

We look forward to offering you any assistance that we can.

Continue to read the Carey Danis & Lowe blog for Topamax lawsuit updates. You may be interested in reading:

Another Testosterone Gel Lawsuit

By | Consumer protection, Pharmaceutical litigation, Testosterone, Uncategorized

testosteronegellawsuitDaniel R. simply wanted to improve the quality of his life by using AndroGel, a testosterone replacement product. What he received instead was heart problems requiring cardiac catheterization and insertion of a stent.

The Lawsuit

Plaintiff Daniel R. and his lawyers contend that pain and permanent injury were caused by AndroGel. Their April 2015 lawsuit says the gel’s maker, Abbott Labs, knew of the product’s defective and unreasonably dangerous nature. However, the drug manufacturer continued to market and distribute the gel to maximize profits at the expense of the public’s safety.

Daniel R. and other patients use AndroGel to counteract the effects of low testosterone (Low T), namely: a weakening in playing sports, falling asleep after dinner and being irritable.

Abbott Labs needs to be held accountable for its negligent disregard of the harm caused by AndroGel. Had Daniel R. known of the risks associated with the gel, he would not have used it.

The plaintiff states that the warnings given by Abbott Labs were not accurate and were ambiguous. In addition, the drug manufacturer’s warnings failed to properly warn physicians about the risks associated with AndroGel. These risks range from life threatening cardiac events to debilitating strokes.

Carey Danis & Lowe Can Help You

As a St. Louis law firm specializing in pharmaceutical product liability, Carey Danis & Lowe is uniquely qualified to help people injured from using testosterone gel therapies.

Our personal injury lawyers are available to offer legal advice during a free, no-obligation consultation.

If you’ve suffered harm from using a testosterone gel, you may be eligible for compensation. Call Carey Danis & Lowe today at 800.721.2519 or complete a confidential personal injury claim form.

Researchers Find Testosterone Injections Less Risky than Gel

By | Consumer protection, Pharmaceutical litigation, Testosterone, Uncategorized

testosterone gel lawsuitShould older men use testosterone applied to the skin, such as testosterone gel, or should they inject testosterone into their muscles? A new study published in April 2015 in the Journal of Physiology – Endocrinology And Metabolism found that the latter is the better option.


Researchers from the University of Florida found that testosterone injections posed less cardiovascular health risks than testosterone gel.

With so many older men turning to testosterone gel as a way to treat signs of aging, finding a safer form of testosterone delivery is important. This University of Florida study shows that there is a better option for older men.

Still, these research findings come as so many men have already suffered heart attacks, strokes, and other cardiovascular health problems as a result of using testosterone gel. These findings come too late for some men.

Carey Danis & Lowe can help you

Carey Danis & Lowe is a St. Louis law firm that represents men who have suffered testosterone gel heart problems. Our defective drug lawyers work tirelessly to recover losses for these men and their families.

If you have been injured by testosterone gel, we encourage you to begin exploring your legal options.

Carey Danis & Lowe offers free case evaluations; we are available to walk you through your compensation eligibility, and how to file a testosterone lawsuit, if applicable to your case.

Our team also includes medical professionals, who can answer your questions about how testosterone gel impacts cardiovascular health.

Contact Carey Danis & Lowe by phone at 800.721.2519. You can also reach one of our lawyers by completing a confidential personal injury claim form.

We look forward to offering you any assistance that we can.