litigation Archives - Carey Danis & Lowe

Feeling the Heat: At COP 21 & in GSK Zofran Lawsuits

By | Pharmaceutical litigation, Uncategorized, Zofran

zofran-birth-defectsThings are heating up this week. World leaders are talking about climate change in Paris. And on the pharmaceutical litigation front, GlaxoSmithKline is feeling the heat from hundreds of Zofran birth defect lawsuits.

The Daily Beast took on Zofran birth defects in a November 2015 article. They focused on Deana Brown, a mother who took Zofran, a drug manufactured by GlaxoSmithKline (GSK), during her pregnancy. Now, Brown is the plaintiff in a lawsuit targeting GSK over her child’s Zofran birth defects.

Brown’s child was born with “amniotic band constriction and a teratologic clubfoot deformity”.

Illegal off-label advertising

Zofran isn’t FDA-approved to treat morning sickness. However, doctors write off-label prescriptions for pregnant women.

Doctors can recommend the off-label use of a drug, but the drug’s manufacturer isn’t allowed to promote that drug for any use other than those with FDA approval. Still, GSK launched a marketing campaign to promote Zofran as safe for pregnant mothers.

This move resulted in civil and criminal charges.

As a result of their illegal promotion, GSK paid $3 billion to settle charges brought by the US Department of Justice.

More studies needed

In August 2015, the American College of Obstetricians and Gynecologists (ACOG) released new information on morning sickness treatments. According to The Daily Beast, the organization noted that more research is needed to determine the safety of Zofran use during pregnancy.

GSK calls Zofran lawsuits groundless

The Daily Beast reached out to GSK for comment. They responded, and stated that the Zofran lawsuits are “unfounded”.

GSK’s decision-making

The Daily Beast also reached out to Brown’s legal representative, who said that GSK could’ve conducted Zofran clinical trials, but they “just chose not to”.

Do you have a Zofran lawsuit?

Was your child born with Zofran birth defects?

We encourage you to explore your legal options and compensation eligibility. Our law firm offers free case consultations. Share your Zofran story with one of our Zofran lawyers today.

Call Carey Danis & Lowe toll free at 1-800-721-2519. You can also reach us online by completing a confidential personal injury form.

You may be interested in reading:

  1. Zofran Multidistrict Litigation (MDL) Formed in Massachusetts
  2. Zofran Birth Defect Lawsuit Filed in Ohio
  3. Zofran Birth Defect Lawsuits: Carey Danis & Lowe Investigating Cases

Meet our St. Louis class action attorneys.

  1. John Carey — Partner
  2. Joseph Danis — Partner
  3. Jeffrey Lowe — Partner
  4. Andrew Cross — Attorney

Boston Scientific Mesh Damages Cut from $100 Million to $10 Million

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 judge in the ongoing mesh litigation against Boston Scientific significantly reduced the amount awarded to a victim in a May jury trial.

New Castle County, Delaware Judge Mary Johnston said the compensations awarded to Deborah Barba ($100 million) – the biggest ever in a trial involving transvaginal mesh – were “grossly disproportionate to the injuries.” Other transvaginal mesh trials have awarded between 1.75 million to 7.76 million in damages.

While the lawyers see this compensation reduction as a disappointment, they’re encouraged that the judge didn’t question the jury’s finding on Boston Scientific’s liability. Judge Johnston denied Boston Scientific’s attempt to set aside the verdict completely and order a new trial.

The mesh devices caused Deborah Barba severe complications, including bladder infections and pelvic pain. The jury found that the device manufacturer had been negligent in designing the transvaginal mesh and didn’t warn doctors and patients about the risks.

Boston Scientific, along with other mesh makers have faced about 100,000 lawsuits at the state and federal level for transvaginal mesh complications.

Carey Danis and Lowe can help victims of transvaginal mesh complications.

If you or women you know have been harmed by mesh devices, call our medical product liability lawyers for a free consultation at 800-721-2519. Alternatively, send us an email.

Our team of medical professionals will answer your questions with compassion and confidentiality. Our attorneys can help you get the justice you deserve.

Zofran Multidistrict Litigation (MDL) Formed in Massachusetts

By | Pharmaceutical litigation, Uncategorized, Zofran

zofran-birth-defectsThe Judicial Panel on Multidistrict Litigation (JPML) ordered to consolidate Zofran birth defect lawsuits in Massachusetts.

Why did the JPML consolidate Zofran cases?

An increasing number of families across the US are coming forward, seeking to hold Zofran’s manufacturer, GlaxoSmithKline (GSK), accountable.

And accounting for the current number of pending Zofran lawsuits, in addition to estimates of future lawsuits, the move to consolidate is wise.

What is an MDL?

Think of a multidistrict litigation like this.

Say you ask 10 small grocers across the US for 10 red apples. And the small grocers hop to it, and each of them meets your request.

In doing so, they’re duplicating the same action, over and over again.

This duplicative process is what MDLs seek to avoid. When similar lawsuits are consolidated, there’s no replicating the same legal process over and over; put another way, grocers don’t have to pick out those 10 red apples over and over again.

Another benefit of MDLs is they avoid the confusion of conflicting rulings that can happen when cases are tried separately in courts all over the US.

Zofran MDL

On October 13, 2015, the JPML consolidated Zofran lawsuits into MDL No. 2657 before Judge Dennis F. Saylor IV.

GlaxoSmithKline has been here before

In 2012, GSK pled guilty to criminal charges brought by the US Department of Justice (DOJ). The charges alleged that GSK “promoted certain forms of Zofran, approved only for post-operative nausea, for the treatment of morning sickness in pregnant women”.

GSK and the DOJ agreed to a civil settlement in excess of $1 billion.

GSK also pled guilty to “promoting…Zofran for off-label, non-covered use and paying kickbacks to physicians”.

Do you want to hold GSK accountable?

If so, we can help you.

The team of experienced Zofran lawyers at Carey Danis & Lowe are available to discuss your case with you during a free case evaluation.

We can walk you through your legal options and compensation eligibility.

Call Carey Danis & Lowe today at 800.721.219. You can also reach us by completing a confidential personal injury claim form.

Zofran Litigation: Drug Caused Cleft Palate say Mississippi Parents

By | Pharmaceutical litigation, Uncategorized, Zofran

zofran-birth-defectsNew lawsuits allege that the anti-nausea drug, Zofran is to blame for cleft palate in infants whose mothers took the drug at the beginning of pregnancies.

One Mississippi family claims that exposure to Zofran during the first trimester caused their daughter’s soft cleft palate. The lawsuits, filed against drug behemoth GlaxoSmithKline, were issued in the US District Court for the Southern District of Mississippi on July 17, 2015. It’s believed that they are the first parents to file in the Mississippi Federal Court.

In January 2015, the Mississippi mother gave birth to a child diagnosed with soft cleft palate. With this disability, the roof of the mouth is split, which affects feeding, speech, breathing and language development. There’s no history of birth defects in this family and a previous child was born healthy and without congenital problems.

Are there links between Zofran and Cleft Palate?

While the drug is prescribed as an “off label” treatment for morning sickness, its efficacy hasn’t been proven and recent research has found a link between the drug and birth defects.

A paper published by researchers at Harvard and Boston University, discovered a 2.37 times increase in the chance for cleft palate after prenatal exposure to Zofran.

While 34 families have filed Zofran lawsuits in Federal Court, that number hardly compares to the amount of women who have been exposed to the pharmaceutical during pregnancy. Zofran use has soared to over 1 million prescriptions every year.

Carey Danis & Lowe can help with Zofran Birth Defect Lawsuits

If you or someone you love used Zofran during the first trimester of pregnancy, and a child was born with birth defects, then you or your loved one may be eligible to receive compensation.

Contact Carey Danis & Lowe for a free legal consultation. One of our Zofran lawyers will walk you through your litigation options, and whether filing a Zofran birth defect lawsuit is the right path for you.

Call Carey Danis & Lowe at 800.721.2519, or complete a confidential personal injury claim form.

Boston Scientific Proposes $119M Transvaginal Mesh Settlement

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

boston_scientifi_transvaginal_mesh_lawsuit3,000 transvaginal mesh lawsuits could soon be resolved. Boston Scientific proposed a $119 million transvaginal mesh settlement.

The medical device manufacturer included the settlement in an SEC filing in late April 2015.

According to an Indianapolis Star Tribune article about the settlement, Boston Scientific would still be involved in another 22,000 transvaginal mesh lawsuits if they were able to settle the 3,000 targeted in the settlement.

As a result of these tens of thousands of transvaginal mesh lawsuits, Boston Scientific has a $1.1 billion litigation reserve.

The CEO of Boston Scientific said in the Star Tribune article that the company is receptive to settling any transvaginal mesh lawsuits that can be proved to warrant a settlement.

The transvaginal mesh lawyers at Carey Danis & Lowe will continue to monitor news of the Boston Scientific transvaginal mesh settlement, and will relay any news on our law blog.

Carey Danis & Lowe can help you

If you’ve suffered an injury from a transvaginal mesh device manufactured by Boston Scientific, Carey Danis & Lowe can help you. Our experienced lawyers currently represent women who’ve been harmed by defective transvaginal mesh; Carey Danis & Lowe is dedicated to recovering losses for these women and their families.

If you would like to know how we can help you, contact our office for a free legal consultation. During our consultations, one of our defective medical device lawyers listens to you, discusses your compensation eligibility, and guides you through filing a transvaginal mesh lawsuit, if it’s appropriate for your case.

Contact Carey Danis & Lowe by phone at 800.721.2519, or you can complete a confidential personal injury claim form online.


Boston Scientific Reaches First Settlement for Transvaginal Mesh Claims

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

Kugel & Transvaginal Mesh Patch ComplicationsBoston Scientific Corporation has bowed under the pressure of juries awarding multimillions in favor of plaintiffs in transvaginal mesh cases. On April 28, 2015, Boston Scientific said it reached its first settlement agreement, resolving some of the lawsuits it faces involving its transvaginal mesh device.

In all, the medical device manufacturer expects to pay out approximately $119 million to settle 3000 cases. In addition to those cases, the company estimates that there are more than 25,000 other mesh claims in state and federal courts.

Initially, $26.7 million was awarded to 4 women in Miami; they were implanted with the company’s Pinnacle device for pelvic organ prolapse. One week later an $18.5 million verdict was reached in West Virginia, again for 4 women, harmed by the Massachusetts-based company’s Obtryx device, used for urinary incontinence.

Clearly, these plaintiff wins were not good news for Boston Scientific, and it was in the company’s best interest to establish a settlement before more cases went to trial. Now as part of the new $119 million agreement, a Dallas County, Texas case with a $35 million judgement has been bundled into the settlement.

For the settlement, the company will transfer funds into an escrow account by Oct. 1. Additionally, the company will establish a process for others harmed by transvaginal mesh to participate in the settlement.

Carey Danis & Lowe Can Help You and Your Family

If you or someone you love was harmed by a Boston Scientific transvaginal mesh product, you and your loved ones may have a case eligible for compensation. Discuss your case and legal options with a Carey Danis & Lowe defective medical device attorney.

Carey Danis & Lowe class action attorneys have years of experience in handling personal injury and pharmaceutical litigation. We work closely with our on-staff medical experts and our clients to develop solid cases.

Our initial consultations are free.

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

GMO Corn Lawsuits Spurred by Foreign Market Refusals

By | Consumer protection, GMO, Product Liability, Uncategorized

gmo_corn_class_action_lawsuitWhat does China have to do with people growing and distributing corn in the US?

A lot, in fact.

China’s refusal to import US corn products containing a genetically modified trait brought financial troubles to farmers in the US.

US corn growers planted their corn crop using a GMO corn seed developed by a Swiss biotech giant, Syngenta. The GMO seed, called Agrisure Viptera, or MIR 162, came onto the US market in 2010. However, unbeknownst to US corn growers, China―a major trading partner―hadn’t given Syngenta’s new GMO corn seed the stamp of approval.

China Refuses to Import Agrisure Viptera Corn Products

After China rejected corn products containing Agrisure Viptera, US corn growers had no where to turn next, so they soon became burdened with lost income.

Sygenta & Approval from Foreign Markets

Syngenta never sought approval from China before bringing their GMO corn seed to the US market.

As a result, US corn growers have filed GMO corn lawsuits targeting Sygenta for lost income and neglecting to recognize the importance of the trade partnership between the US and China.

According to experts quoted in an article by Capital Press, an agricultural news service, foreign markets, like China, could play a future role in GMO product regulation, especially in regards to exports.

The Capital Press article also noted that the situation with Syngenta and GMO corn seed lawsuits may prevent other biotech companies from introducing new products onto the market for fear of litigation.

Legal Assistance for US Corn Farmers

Carey Danis & Lowe is currently investigating GMO corn seed cases involving US corn farmers who suffered financially. If you experienced lost income as a result of GMO corn seeds, we encourage you to begin exploring your legal options.

Our law firm offers free legal evaluations. During our evaluations, one of our lawyers guides you through your legal options and compensation eligibility.

Contact Carey Danis & Lowe today by phone at 800.721.2519, or complete a confidential claim form.

Want to learn more about GMO corn seed lawsuits? You might be interested in reading:

Upcoming Meetings in Testosterone Litigation in Illinois

By | Pharmaceutical litigation, Testosterone, Uncategorized

testosterone gel lawsuitPretrial proceedings are going smoothly in the testosterone multidistrict litigation (MDL) that is being held in an Illinois federal court. The testosterone MDL is scheduled to meet three times this spring, with the next meeting scheduled for March 20, 2015.

The U.S. District Court for the Northern District of Illinois has also scheduled case management conferences on April 21 and on May 19.

The MDL currently has 1,247 pending testosterone lawsuits.

The plaintiffs involved in the MDL are men who have been injured by testosterone products, including testosterone gel, such as Androgel, a product manufactured by AbbVie.

Studies have shown that testosterone use in older male patients who are using the hormone to treat signs of male aging, such as decreased muscle mass, energy, and libido, have an increased risk of cardiovascular complications, including heart attack or stroke.

On March 3, 2015, the U.S. Food and Drug Administration (FDA) released a statement ordering manufacturers of testosterone products to update their labeling to include information on cardiovascular risks. The FDA also noted in their statement that the agency has not yet approved the use of testosterone to treat male aging, and has only approved these kinds of products to treat patients with medical conditions that cause low testosterone levels.

Legal Help for Men Injured by Testosterone Gels

Carey Danis & Lowe is a national law firm with headquarters in St. Louis that specializes in defective drug litigation. Our dedicated team of personal injury lawyers are currently representing men in testosterone gel lawsuits. If you or someone you love has suffered from a testosterone injury, contact our law offices for a free, no obligation case evaluation.

Carey Danis & Lowe is here is here to listen to you. Call our law firm at 800.721.2519, or complete a confidential personal injury claim form.

We look forward to offering you any legal and/or medical assistance that we can.

Continue to read the Carey Danis & Lowe law blog, and stay current on testosterone lawsuit news. You might be interested in reading:

FDA Warns about Using Testosterone for Aging

Testosterone Gel & Its Risks


Obtape Vaginal Mesh Lawsuits Settled in Georgia

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

obtape_lawsuit_settlementsOver 100 Obtape vaginal mesh lawsuits have been settled in the Obtape multidistrict litigation (MDL) in Georgia. The mesh lawsuit settlement covers 111 cases involving the Mentor Obtape Transobturator Sling.

Women who filed Obtape lawsuits targeted at Mentor, a unit of Johnson & Johnson, claimed to have suffered tremendous, life-changing injuries. These women received an Obtape implant to treat stress urinary incontinence (SUI). As the Obtape is made from a defective sling material, one that has been described as too dense to be effective, the women in these cases often report that their health was better before receiving the Obtape implant.

As a result of the Obtape’s defective nature, these women experienced chronic pain, excessive discharge, and organ and tissue damage. Most, if not all, of these women had to undergo surgery to remove the Obtape implant.

The defective medical device lawyers at Carey Danis & Lowe are pleased by the news of the Optape mesh lawsuit settlement. It is welcome news that so many women who have suffered will soon receive compensation for their injuries.

Legal Assistance for Mesh Victims

Carey Danis & Lowe is a St. Louis law firm specializing in defective medical device litigation. Our attorneys represent women and their families in vaginal mesh lawsuits.

If you or someone you love has been injured by vaginal mesh, we encourage you to reach out to one of our attorneys today to explore your legal options and compensation eligibility. Carey Danis & Lowe offers free, no-obligation case evaluations.

Share your vaginal mesh story with us. We are available to listen.


Carey Danis & Lowe Announces Launch of GMO Corn Seed Online Resource

By | Class Action, GMO, Uncategorized

Published January 7, 2015 by PR Web

St. Louis, Missouri (PRWEB) January 07, 2015

gI_118526_cdl-pr-122014-gmo-corn-seed-lawsuitsCarey Danis & Lowe is pleased to announce the launch of their GMO corn seed online resource for U.S. corn farmers. This online resource features up-to-date, valuable information on GMO corn seed lawsuits in the U.S.

Carey Danis & Lowe launched this online resource in December 2014.

Carey Danis & Lowe is a law firm with headquarters in St. Louis, and with additional offices in Illinois and Florida. The law firm specializes in class action lawsuits.

Carey Danis & Lowe recognized a need for an online resource serving U.S. corn farmers who claim to have suffered financially as a result of GMO corn seed. According to the team of class action lawyers at Carey Danis & Lowe, the purpose of the newly launched GMO corn seed online resource is to fill this need.

Furthermore, the GMO corn seed online resource establishes, in digital form, the dedication and reliability of Carey Danis & Lowe towards U.S. corn farmers, said the class action lawyers.

Legal Assistance for U.S. Corn Farmers

Carey Danis & Lowe is available to review legal options with U.S. corn farmers who claim lost revenue from GMO corn seeds. The law firm offers complimentary and thorough case evaluations.

Carey Danis & Lowe can be reached by phone at 800.721.2519.

About Carey Danis & Lowe

Carey Danis & Lowe is a plaintiff’s litigation firm based in St. Louis, Missouri with law offices across the United States in Illinois, Missouri, and Florida. Carey Danis & Lowe specializes in class action lawsuits. The Carey Danis & Lowe team is comprised of experienced attorneys working alongside knowledgeable and professional staff that includes medical doctors, nurses, and information technology specialists. Contact Carey Danis & Lowe at 800.721.2519 for more information about their legal services.