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New York Archives - Carey Danis & Lowe

Mirena Lawsuit Numbers Continue to Rise

By | Mirena, Pharmaceutical litigation, Uncategorized

mirenaThe Judicial Panel on Multidistrict Litigation (JPML) released a document on October 15, 2014 that supplied an up-to-date pending lawsuit count for the Mirena multidistrict litigation (MDL) being heard in a federal court in New York. According to this document, there are currently 1,042 Mirena lawsuits pending before U.S. District Judge Cathy Seibel.

This update from the JPML makes it clear that the Mirena intrauterine device (IUD) continues to cause serious injuries to women.

Some known Mirena side effects include perforation, device migration, and infection.

Such injuries could have been prevented if product transparency and honesty were of any importance to the manufacturer of the Mirena. However, in this situation, Bayer misrepresented this contraceptive device in marketing campaigns by making claims about it being a safe and effective choice for women. As the Mirena lawsuits in New York indicate, these claims are false and deceptive.

Carey Danis & Lowe Offers Legal Assistance

Carey Danis & Lowe is a St. Louis law firm that has a reputation for successfully and consistently recovering losses for clients. When you work with us, you can expect that our team of legal and medical professionals will bring their expertise, knowledge, and professionalism to your case.

The personal injury lawyers at Carey Danis & Lowe represent women who have been injured by the Mirena. Our law firm is currently accepting cases, and is offering free, no-obligation case evaluations.

Get our professional opinion on your case today by sharing your Mirena story with one of our attorneys. Contact us by phone at 800.721.2519, or by completing a confidential personal injury claim form.

 

DePuy Settlement News: Orthopedics Manufacturer Presents $2.5 Billion Plan

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

DePuy ASR Hip Replacement Lawsuit Update: Trials Scheduled to Begin this Year in Maryland, New Jersey, and OhioThis month, Carey Danis & Lowe provided news on the widely reported DePuy settlement of $4 billion. The latest development to surface from the DePuy ASR settlement is that DePuy has agreed to a $2.5 billion plan. Prior to this recent announcement made on November 19, many sources discussed the possibility of a $4 billion agreement.

According to the New York Times, the DePuy and Johnson & Johnson settlement will still apply to those plaintiffs who received an implant of the DePuy ASR hip implant, and have since had it removed and replaced.

Though the settlement figure has dropped from the speculated amount, in actuality, the total cost to DePuy to close these cases will not be reflected solely by this number. DePuy’s plan moving forward will be to reimburse plaintiffs for their medical expenses incurred during revision surgeries. These reimbursements will be handled separately from the settlement according to the current plan.

Thus, the $2.5 billion will provide eligible plaintiffs with a compensation package for the pain and suffering that they endured because of the ASR hip implant.

DePuy’s proposed plan will apply to approximately 8,000 of 12,000 lawsuits, with individual compensation packages estimated at $250,000. However, those plaintiffs whose experiences with the medical device were particularly unique in their harm to patient health and safety will receive additional compensation, though it is not yet clear as to the size of these supplementary awards.

It is up to eligible individuals whose cases have been consolidated in the DePuy ASR hip implant multidistrict litigation (MDL) in Ohio to decide if DePuy’s arrangement is acceptable. According to the New York Times, the plan will need to be approved by 94 percent of plaintiffs in the DePuy MDL. As of right now, it is unclear if these individuals find the plan satisfactory.

DePuy’s proposed settlement does not apply to those individuals who have filed lawsuits, but have yet to replace the defective hip implant. Still, many speculate that in the near future, DePuy will make arrangements for an additional settlement to compensate these individuals.

Carey Danis & Lowe is Here to Help

Carey Danis & Lowe is a defective medical device law firm headquartered in St. Louis. We represent victims of the DePuy ASR hip implant, and can help you or a loved one who has received the device. Contact one of our DePuy ASR hip lawyers today to discuss your legal options, how the DePuy settlement could affect your case, and for assistance with filing a DePuy ASR hip lawsuit.

When you contact Carey Danis & Lowe, you can also speak with one of our on-staff nurses about the health complications often associated with the DePuy ASR hip implant, including damage to surrounding tissue and bone from metal particles that this device has been known to release.

Share your DePuy ASR hip story with us today by calling 800.721.2519, or by submitting a confidential personal injury claim form.

Johnson & Johnson & DePuy $4 Billion Settlement Plan

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

gavel_multidistrict_litigation_settlements_trial_transvaginal_mesh_lawsuitsOf late, it has been widely reported that Johnson & Johnson and DePuy have agreed to a $4 billion settlement of thousands of DePuy ASR hip lawsuits that have been filed across the U.S. The settlement involves anywhere between 7,000 and 8,000 lawsuits targeted at DePuy, a unit of Johnson & Johnson, over their metal-on-metal hip implant, the DePuy Articular Surface Replacement (ASR) device. The reported settlement could be the largest ever in the history of defective medical device litigation.

Though the settlement is speculated to be around $4 billion, this amount could see a significant increase with individuals filing claims against DePuy in the future. According to the New York Times, only plaintiffs who have undergone revision surgery to remove and replace the DePuy ASR hip implant qualify for compensation under the tentative arrangement.

Background on the DePuy ASR Hip Implant

In 2003, DePuy began an international sales campaign for their resurfacing model of the ASR hip implant. This campaign targeted the UK and Australia, but excluded the U.S. Then, in 2005, DePuy introduced the standard model of the DePuy ASR hip implant onto the U.S. medical device market. While DePuy only sold the standard model inside of the U.S., they sold both the resurfacing model and the standard model internationally.

In 2009, following a request from the U.S. Food and Drug Administration (FDA) for safety information on the ASR hip implant, DePuy began an effort to remove the standard model of the ASR hip implant from the U.S. market. Simultaneously, DePuy was also seeking FDA approval for the resurfacing model, still being sold internationally since 2003, but not yet in the U.S.

However, with increasing reports connecting DePuy’s hip implant with the release of metal particles, the FDA declined to approve the device.

According to the New York Times, DePuy did not share the FDA’s rejection with foreign regulatory organizations in countries where they were still selling the resurfacing model.

Carey Danis & Lowe is Here to Help

Based upon the evidence that has been presented thus far in court cases involving individuals who claim injury from DePuy’s ASR hip implant, it appears that DePuy did indeed design a defective medical device. In cases where manufacturers knowingly keep a dangerous product on the market, the defective medical device attorneys at Carey Danis & Lowe strongly believe in holding accountable those entities who compromise patient safety and health.

If you received a DePuy ASR hip implant, discuss your legal options with Carey Danis & Lowe today. Our case evaluations are free, and we can assist you with filing a DePuy ASR hip lawsuit. Additionally, we work alongside a team of medical experts, who are available to speak with you about health issues related to the DePuy ASR hip implant.

Share your defective medical device story with Carey Danis & Lowe today by calling 800.721.2519, or by completing a confidential personal injury claim.

Zoloft Birth Defects Lawsuit Review

By | Pharmaceutical litigation, Uncategorized, Zoloft

SSRI Antidpressant Zoloft Birth Defects LitigationA court document filed in July in the Zoloft multidistrict litigation (MDL) collected the latest information on Zoloft birth defects lawsuits pending across the U.S. According to the court document, in addition to the consolidated cases in the Pennsylvania Zoloft MDL, there are pending lawsuits in California, Illinois, Missouri, New York, and West Virginia.

In state courts across California, plaintiffs filed a total of 7 lawsuits in July 2013. There three cases pending in Illinois courts, with one lawsuit in St. Clair county involving eight families, and a 38 family case in the Southern District of Illinois.

In Missouri, there are three Zoloft lawsuits pending in courts, and in New York, there are five lawsuits pending in Oneida County and New York County. There is one case pending in the Circuit Court of Wayne County in West Virginia.

As of July 16, 2013, there are over 400 Zoloft lawsuits pending in the Zoloft MDL.

The Zoloft MDL is being heard in the U.S. District Court for the Eastern District of Pennsylvania, and is being overseen by U.S. District Judge Cynthia M. Rufe. The Zoloft MDL is In re: Zoloft (Sertraline Hydrochloride) Products Liability Litigation, MDL No. 2342. The first bellwether case is scheduled to come to trial in October 2014.

Women and their families have filed Zoloft birth defects lawsuits claiming that the use of Zoloft during pregnancy led to congenital birth defects. The most commonly reported birth defects are congenital heart defects, Omphalocele, Craniosynostosis, and persistent pulmonary hypertension of the newborn (PPHN). Visit the Zoloft birth defects information page for a complete Zoloft birth defects list.

Carey Danis & Lowe Zoloft birth defects lawyers work diligently to win justice for those who have been injured by negligent pharmaceutical companies. Our team of legal and medical experts are here to help. If you took Zoloft while pregnant, and your child was born with birth defects, depend upon Carey Danis & Lowe to win you justice and resolution to your troubles and suffering.

Contact Carey Danis & Lowe for a free legal evaluation and for medical advice by calling 800.721.2519, or by submitting a personal injury claim form.

Mirena IUD Lawsuit News: Mirena IUD Lawsuits Consolidated into Multicounty Litigation in New Jersey

By | Mirena, Pharmaceutical litigation, Uncategorized

mirena_iud_birth_control_lawsuit_litigation_bayerMirena IUD lawsuits filed in New Jersey were recently consolidated into a multicounty litigation (MCL) in mid-May, according to court documents filed in the Superior Court of New Jersey in Bergen County. Judge Brian R. Martinotti will oversee the Mirena IUD proceedings. The case is In Re: Mirena Litigation Case No. 297.

Both parties are scheduled to meet for an initial conference on June 17, 2013. On the agenda for the conference is a discussion of how to coordinate with the Mirena IUD multidistrict litigation (MDL) No. 2434 in the U.S. District Court for the Southern District of New York.

According to a Reuters report on the Mirena IUD MCL in New Jersey, there are approximately 113 cases that have been filed in the Bergen County court as of May 20, 2013.

Plaintiffs in the Mirena MCL and the Mirena MDL have filed their Mirena IUD lawsuits alleging that Bayer neglected to sufficiently warn users that the plastic contraceptive device could cause serious injury through uterus perforation and device migration.

Mirena IUD lawyers at Carey Danis & Lowe view the multicounty litigation formation as a positive move, as it will allow for an expedited legal process without redundancy for both parties.

Carey Danis & Lowe Mirena IUD lawyers encourage women who used the Mirena IUD and suffered an injury to contact our Mirena IUD law firm today for a free legal evaluation. Call a Carey Danis & Lowe Mirena IUD lawyer at 800.721.2519 or submit a personal injury claim.

Mirena IUD Lawyers at Carey Danis & Lowe Applaud Federal Mirena IUD Lawsuits Consolidation into MDL

By | Mirena, Pharmaceutical litigation, Uncategorized

Mirena IUD Lawyers at Carey Danis & Lowe Applaud Federal Mirena IUD Lawsuits Consolidation into MDLA Judicial Panel on Multidistrict Litigation (JPML) recently ruled that all federal Mirena IUD lawsuits be consolidated into the U.S. District Court for the Southern District of New York. The JPML ordered that Judge Cathy Seibel hear the Mirena MDL proceedings, according to a HarrisMartin Publishing article.

Plaintiffs who have cases in the Mirena IUD MDL No. 2434 filed their lawsuits against Bayer citing serious defects with the intrauterine contraceptive device. According to the plaintiffs, Mirena IUD side effects include the device becoming embedded in the uterus, and in some cases the device perforated the uterus.

Furthermore, there have also been reports of Mirena device migration, wherein the contraceptive device exits the uterus, and can migrate into the abdominal area, causing serious damage to organs.

Mirena IUD lawyers at Carey Danis & Lowe applaud the consolidation of federal Mirena IUD lawsuits into an MDL as the centralization of these cases will result in a streamlined, organized, and efficient process for plaintiffs.

Carey Danis & Lowe encourages individuals who have been injured by the Mirena IUD to contact a Mirena IUD lawyer at Carey Danis & Lowe for a free legal evaluation about a Mirena case, and for assistance in filing a Mirena IUD lawsuit. Contact an experienced trial lawyer at Carey Danis & Lowe by calling 800.721.2519 or by submitting a legal claim form.

Zoloft MDL No. 2342 Progresses with Order to Submit Initial Discovery Zoloft Birth Defect Cases

By | Pharmaceutical litigation, Uncategorized, Zoloft

Zoloft MDL Updates: Zoloft MDL No. 2342 Progresses with Order to Submit Initial Discovery Zoloft Birth Defect CasesThe Zoloft Multi-District Litigation No. 2342 being heard in the U.S. District Court for the Eastern District of Pennsylvania has made progress as regards setting the date for the first trial. According to Pre-trial Court Order 15, the first trial is currently scheduled for September 12, 2014. This is a tentative date that is dependent upon completion of all pertinent discovery by both sides.

This same court document from the Zoloft MDL details that by January 11, 2013, both the Defense and the Plaintiff’s counsel must deliver selections pertaining to Initial Discovery Group Cases, which will help in determining which cases enter the Trial Pool Cases.

The court has ordered that selections of cases that are representative enough for Trial Pool Cases should be supplied to the court by March 15, 2013.

According to a December 2012 article published by The Madison Record, there are currently 250 Zoloft cases that have been consolidated into the Pennsylvania MDL. What is more, there remain a number of Zoloft lawsuits pending in state courts that have not yet been consolidated into the MDL. State courts hearing these Zoloft lawsuits include Illinois, Missouri, New York, Pennsylvania, and West Virginia.

Plaintiffs in the Zoloft MDL claim that the use of Zoloft during pregnancy resulted in the development of birth defects in newborn children. These Zoloft birth defects include, but are not limited to, the following:

  • Congenital heart defects
  • Atrial septal defects
  • Ventricular septal defects
  • Omphalocele
  • Craniosynostosis
  • Persistent Pulmonary Hypertension of the Newborn (PPHN)

Zoloft is an anti-depressant drug manufactured by Pfizer. Zoloft is categorized as a selective serotonin re-uptake inhibitor, or SSRI. These types of antidepressants have a strong link to the development of birth defects in children exposed to an SSRI drug while in the womb.

If your newborn child was exposed to the SSRI medication Zoloft while in the womb, and as a result, developed life-altering and health compromising birth defects, you and your child may be entitled to receive recompense for your physical suffering, emotional suffering, and medical expenses.

For more information about filing a Zoloft birth defect lawsuit, contact an experienced trial lawyer at Carey Danis & Lowe. Our pharmaceutical product liability lawyers will provide you with a free legal consultation about your Zoloft case. Call a Zoloft lawyer at Carey Danis & Lowe today at 800.721.2519.

New York Woman Granted Second Chance to Fight Debt Collector’s Fraudulent Tactics

By | Predatory Lending, Uncategorized, Unfair Deceptive Trades

Published September 11, 2012 on Carey & Danis

New York Woman Granted Second Chance to Fight Debt Collector's Fraudulent TacticsIn the lawsuit, Easterling v. Collecto, Inc., a judge ruled last month that the debt collection company based in Massachusetts known as Collecto , Inc., used deceptive trade practices in an effort to convince the plaintiff, Berlincia Easterling, that her student loans could not be dissolved when filing for bankruptcy. The debt collection company sent Easterling a letter with language stating that her student loan debt was nondischargeable, and thus, must still be paid to Collecto, Inc.

A U.S. Court of Appeals in New York ruled that the methods used by Collecto, Inc. in an effort to collect student loan debt payments from Easterling proved misleading, and as a result, stand in violation of the Fair Debt Collection Practices Act (FDCPA).

The federal court stated in the ruling that student loan debt can be discharged if the plaintiff can demonstrate that continuing payments of student loan debt after filing for bankruptcy would significantly impact the debtor’s standard of living, driving it below what is termed a “minimal” standard of living. In response to this ruling, Easterling and her attorney will file a class action lawsuit against Collecto, Inc., as information has surfaced that the debt collection company sent out letters similar to the one Easterling received to approximately 181 individuals.

This federal court decision protects the consumer, in this case the consumer as debtor. Though Easterling has the onus of presenting convincing evidence in her forthcoming class action lawsuit, she has been given the opportunity to fight deceptive trade practices that undermine consumer protection and federal laws, such as the Fair Debt Collection Practices Act. If you feel that you or someone you love has been the victim of unfair, deceptive, and misleading trade practices, contact an attorney at Carey Danis & Lowe. Our experienced trial lawyers will provide you with a free legal consultation, and can assist you in determining if you have a case.