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fraud Archives - Carey Danis & Lowe

J&J Abandons Vaginal Mesh Lawsuit Fraud Investigation

By | Class Action, Consumer protection, GMO, Product Liability, Uncategorized

vaginal_mesh_lawsuits_settlementsThe team of defective medical device lawyers at Carey Danis & Lowe recently reported on our law blog that Johnson & Johnson filed a motion in a West Virginia federal court requesting an investigation into the validity of vaginal mesh lawsuits. What influenced the mesh manufacturer’s decision was communication they had with women who claimed that phone solicitors called them about filing a vaginal mesh lawsuit.

According to Reuters, these women told Johnson & Johnson that the phone solicitors asked the women about whether or not they received a transvaginal mesh implant. Also, the phone solicitors mentioned how filing a transvaginal mesh lawsuit could result in $40,000 in compensation.

Johnson & Johnson asserted that these phone solicitors could have played a major role in the tens of thousands of lawsuits targeted at Johnson & Johnson and their subsidiary, Ethicon.

Even though Johnson & Johnson appeared resolute in investigating each case’s validity, this is no longer true. According to a court filing, Johnson & Johnson recently abandoned their fraud investigation. However, the motivations behind this abandonment are unknown.

Carey Danis & Lowe believes that Johnson & Johnson’s decision is a sound one. With the mesh manufacturer facing approximately 35,000 vaginal mesh lawsuits, sifting through each case to determine its validity would have a detrimental effect on an efficient legal process.

We Represent Mesh Victims

Carey Danis & Lowe provides our expert legal services to people like you who suffer from transvaginal mesh complications.

If you suffer from injuries related to a transvaginal mesh implant, we encourage you to review your legal options with us today. One of our personal injury lawyers can also evaluate your compensation eligibility. We offer free, no obligation case consultations.

Share your story with Carey Danis & Lowe. Call us at 800.721.2519, or complete a confidential personal injury claim form.

Transvaginal Mesh Settlement Urged by Judge

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

transvaginal_mesh_lawsuitsThe federal judge who is overseeing the pretrial proceedings in the 7 transvaginal mesh multidistrict litigations (MDLs) urged the defendants in each of the MDLs to settle the tens of thousands of vaginal mesh lawsuits that they face. U.S. District Judge Joseph R. Goodwin expressed his belief that without a transvaginal mesh settlement, decades would pass before finally resolving these cases.

According to a Reuters report, Judge Goodwin pointed to the American Medical Systems settlement as a praiseworthy example of what should be done.

Though Judge Goodwin has been pushing for settlement, a few of the vaginal mesh makers, among them C.R. Bard, Ethicon, and Boston Scientific, have been averse to the judge’s recommendation, as they continue to adhere to the belief that their vaginal mesh products are not defective. Still, the increasing amount of pressure that these vaginal mesh makers face may play a major role in ultimately influencing the manufacturers to work out a settlement.

Carey Danis & Lowe Represents Mesh Victims

The dedicated team of defective medical device lawyers at Carey Danis & Lowe represent women who have been injured by transvaginal mesh products manufactured by C.R. Bard, Ethicon, Boston Scientific, American Medical Systems, Coloplast, and Cook Medical.

If you have been injured by a transvaginal mesh product manufactured by one of the makers named above, you may be entitled to receive compensation. One of our attorneys can discuss your compensation eligibility during a free, no obligation case evaluation.

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

Stay up-to-date on the latest transvaginal mesh lawsuit updates by reading the Carey Danis & Lowe law blog. Find out about Johnson & Johnson’s allegation of fraud, or about Obtape vaginal mesh lawsuits being settled in Georgia.

Carey Danis & Lowe Tackle Paxil Birth Defect Claims

By | Paxil, Pharmaceutical litigation, Uncategorized

Published October 12, 2012 by LawsuitInformation.org

Carey Danis & Lowe Tackle Paxil Birth Defect ClaimsPlaintiff’s litigation firm Carey Danis & Lowe is currently accepting new cases regarding Paxil and its link to birth defects when taken by expectant mothers during pregnancy. Paxil lawsuits have cropped up throughout the United States in response to the life altering, and in some cases life threatening, Paxil caused birth defects in newborn babies.

Paxil is an antidepressant drug classified as a selective serotonin re-uptake inhibitor, or an SSRI. It is known generically as Paroxetine. Paxil was developed by GlaxoSmithKline, a British pharmaceutical company.

In July 2012, GlaxoSmithKline pleaded guilty to federal charges claiming, among many other wrongdoings on part of the pharmaceutical giant, that they failed to properly inform the U.S. Food and Drug Administration (FDA), physicians, and patients about data collected in Paxil’s clinical trials. In fact, it has surfaced that GlaxoSmithKline withheld important information about the drug Paxil, information which could have saved lives. GlaxoSmithKline agreed to pay $3 billion in fines to the federal government – the largest health care fraud settlement in U.S. history.

Recently, GlaxoSmithKline made an announcement about its new effort towards transparency. In the announcement made in early October, the British drug maker stated that it would make public the data collected during clinical trials, which was not the case in regards to Paxil’s clinical trials. However, for many patients who used Paxil, such an effort on the part of GlaxoSmithKline is too late.

Pharmaceutical product liability and personal injury attorneys at Carey Danis & Lowe recognize that there are still families out there whose children have suffered from Paxil related birth defects. The lawyers at Carey Danis & Lowe are currently investigating new claims against drug’s maker, GlaxoSmithKline. If your family has been a victim of Paxil birth defects, contact the experienced attorneys at Carey Danis & Lowe for more information about filing a Paxil lawsuit. Call 800-721-2519 for a free legal consultation.

Abbott to Pay $1.6B to Settle Depakote Claims

By | Depakote, Pharmaceutical litigation, Uncategorized

The following article was originally published on May 8, 2012 by Chicago Tribune.

Abbott Laboratories said Monday it will pay $1.6 billion to settle federal and state claims that it illegally marketed the anti-seizure medication Depakote for uses not approved by the Food and Drug Administration.

As part of the settlement agreement, North Chicago-based Abbott said it would pay $800 million to resolve civil cases brought by federal and state governments, $700 million in criminal penalties and $100 million to states to resolve consumer protection matters.

The company will to plead guilty to one misdemeanor violation of the Food, Drug and Cosmetic Act for misbranding. Abbott also agreed to a five-year probationary period in which it must report any probable violations of the law to the probation office, according to the U.S. Department of Justice.

Illinois Attorney General Lisa Madigan said the state will receive $20 million as part of the deal.

The settlement was expected by investors. Last year, Abbott earmarked $1.5 billion to cover projected costs of the settlement, and set aside another $100 million in April for the same purpose.

Shares of Abbott finished Monday up 10 cents, at $62.51.

Abbott, Chicagoland’s largest company as measured by market capitalization, plans to spin off its legacy drug business into a separate, publicly traded firm called AbbVie this year. It said in a release that certain compliance measures and certification requirements will transfer to the new company.

“We are pleased to resolve this matter and are confident we have the programs in place to satisfy the requirements of this settlement,” Abbott General Counsel Laura Schumacher said in a statement.

“The company takes its responsibility to patients and health care providers seriously and has established robust compliance programs to ensure its marketing programs meet the needs of health care providers and legal requirements,” Schumacher said.

Depakote, an anti-seizure and mood-stabilizing drug, was first approved by the FDA in 1983 to treat certain seizures in adults and children older than 10. Since then, the drug has been approved to treat other types of seizures, manic episodes of bipolar disorder and for the prevention of migraine headaches.

The Justice Department said in a release that the company illegally marketed Depakote for uses including for treatment of schizophrenia, agitated dementia and autism.

Though doctors can prescribe drugs “off-label,” as the practice is known, companies are prohibited from marketing them to treat conditions that are not approved by the FDA.

Abbott said it had been under investigation for four years in connection with the sale and promotion of Depakote stretching back to 1998.

The investigations led by the federal government and states’ attorneys general were based partly on whistle-blower lawsuits filed in federal courts in Illinois, Virginia and the District of Columbia that accused Abbott of illegally promoting Depakote. Those suits also alleged that the company gave doctors and pharmacists illegal kickbacks to talk about off-label uses of the drug to boost sales.

The first suit, filed in 2007 by former Abbott saleswoman Meredith McCoyd, accused the drug maker of encouraging her and other salespeople to promote the drug in nursing homes and public mental health centers, where most patients were covered by federal health care programs, including Medicaid.

The Justice Department intervened in those suits to determine whether the company’s marketing of the drug violated civil and criminal laws.

In a release, the Justice Department said Abbott admitted that from 1998 to 2006, it “maintained a specialized sales force trained to market Depakote in nursing homes for the control of agitation and aggression in elderly dementia patients, despite the absence of credible scientific evidence that Depakote was safe and effective for that use.”

From 2001 to 2006, it said, the company marketed the drug for use in combination with anti-psychotic drugs to treat schizophrenia, though its own clinical trials showed Depakote provided no benefit.

“Today’s settlement shows further evidence of our deep commitment to public health and our determination to hold accountable those who commit fraud,” said James M. Cole, Deputy Attorney General. “We are resolute in stopping this type of activity and today’s settlement sends a strong message to other companies.”

The Abbott settlement is one of a string of recent enforcement actions pursued by the FDA, which has ramped up its investigation of off-label drug marketing, ensnaring several other large drugmakers within the last several years.

In November, GlaxoSmithKline PLC said it would pay the U.S. government $3 billion to settle civil and criminal charges for illegal marketing of diabetes drug Avandia and others.

In 2009, Pfizer Inc. paid $2.3 billion for similar allegations about its painkiller Bextra, and Eli Lilly & Co. settled for $1.4 billion the same year for Zyprexa, used to treat schizophrenia.

St. Louis-based Carey Danis & Lowe Announces Suit Against the Maker of Zoloft Sent Back to St. Louis Circuit Court

By | Pharmaceutical litigation, Uncategorized, Zoloft

Posted April 11, 2012

Pfizer’s attempt to litigate lawsuit in federal court rebuffed

ST. LOUIS–(BUSINESS WIRE)–St. Louis–based law firm Carey Danis & Lowe announces a lawsuit against Pfizer Inc. (NYSE: PFE), maker of the antidepressant drug Zoloft, that was originally filed in St. Louis Circuit Court then removed to federal court by the drugmaker, has been ordered back to the state court.

The lawsuit, Shainyah Lancaster, et al. v. Pfizer, Inc., cause no. 1222-CC00766, was filed on Feb. 2 in St. Louis Circuit Court on behalf of 21 children born with defects after their mothers were prescribed Zoloft while pregnant. The suit was brought on behalf of the plaintiffs by the law firms of Carey Danis & Lowe; Matthews & Associates; Freese & Goss; and Clark, Burnett, Love & Lee.

On March 8, Pfizer removed the case to the U.S. District Court for the Eastern District of Missouri alleging that diversity of citizenship existed between the plaintiffs and the defendant. The lawyers representing the plaintiffs opposed the effort to remove the case to federal court. (S.L., et al. v. Pfizer, Inc., Case 4:12-cv-00420).

On April 4, U.S. District Judge Carol E. Jackson sided with the plaintiffs and ruled that the federal court did not have jurisdiction over the lawsuit because complete diversity of citizenship did not exist, granted the plaintiffs’ motion to remand and sent the case back to St. Louis Circuit Court for further proceedings.

Zoloft (generic name sertraline) belongs to a class of drugs known as selective serotonin reuptake inhibitors, or SSRIs. The suit notes that SSRIs have been found to cause severe birth defects in the children of women who were prescribed the drug while pregnant and alleges that Pfizer knew or should have known that children born to mothers who had taken SSRIs during pregnancy had a greater risk of congenital birth defects and that despite knowing that physicians were prescribing Zoloft to women of childbearing age, Pfizer failed to adequately warn the medical community and the public of the danger.

The lawsuit asserts state law claims against Pfizer of negligence; negligence of pharmacovigilance, which requires Pfizer to monitor safety data for its drugs; strict liability; negligent design; failure to warn; and fraud. The suit seeks actual and punitive damages.

Founded in 1995, Carey Danis & Lowe has offices in Missouri and Illinois. The firm handles personal injury, pharmaceutical liability, product liability, medical malpractice, class action and commercial cases throughout the United States.

St. Louis-based Carey Danis & Lowe Announces Suit Against the Maker of Zoloft

By | Pharmaceutical litigation, Uncategorized, Zoloft

Posted February 29, 2012 by LawsuitInformation.org

Alleges Pfizer hid birth defect risks to pregnant mothers prescribed the antidepressant

ST. LOUIS, Feb 06, 2012 (BUSINESS WIRE) — St. Louis–based law firm Carey Danis & Lowe announces the filing of a lawsuit on behalf of 18 plaintiffs against Pfizer PFE -0.04% , maker of the antidepressant drug Zoloft.

Zoloft (generic name sertraline) belongs to a class of drugs known as selective serotonin reuptake inhibitors, or SSRIs. The U.S. Food and Drug Administration has approved Zoloft for the treatment of major depressive disorder, obsessive-compulsive disorder, panic disorder, acute post–traumatic stress disorder, premenstrual dysphoric disorder and social anxiety disorder.

The lawsuit, Shainyah Lancaster, et al. v. Pfizer, Inc., cause no. 1222-CC00766, was filed on Feb. 2 in St. Louis Circuit Court on behalf of 18 children born with defects after their mothers were prescribed Zoloft while pregnant. The suit was brought on behalf of the plaintiffs by the law firms of Carey Danis & Lowe; Matthews & Associates; Freese & Goss; and Clark, Burnett, Love & Lee.

The suit notes that SSRIs have been found to cause severe birth defects in the children of women who were prescribed the drug while pregnant and alleges that Pfizer knew or should have known of SSRI studies revealing that children born to mothers who had taken SSRIs during pregnancy had a greater risk of congenital birth defects such as atrial septal defect, multiple holes in the heart and persistent pulmonary hypertension of the newborn. The plaintiffs also allege that Pfizer knew that physicians were prescribing Zoloft to women of childbearing age but failed to adequately warn the medical community and the public of the danger.

The lawsuit asserts state law claims against Pfizer of negligence; negligence of pharmacovigilance, which requires Pfizer to monitor safety data for its drugs; strict liability; negligent design; failure to warn; and fraud. The suit seeks actual and punitive damages.

“Since the 1990s, mounting evidence has shown that SSRIs, including Zoloft, are dangerous for pregnant mothers and their developing babies,” explains Jeffrey J. Lowe of Carey Danis & Lowe. “Unfortunately, Pfizer hid that information.”

Founded in 1995, Carey Danis & Lowe has offices in Missouri and Illinois. The firm handles personal injury, pharmaceutical liability, product liability, medical malpractice, class action and commercial cases throughout the United States.

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