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settlements Archives - Carey Danis & Lowe

Bard Will Pay $200 Million to Resolve 3000 Vaginal-Mesh Cases

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

trans_vaginal_mesh_complications_recall_fda_erosion_lawsuit_settlementsAnother victory has been scored for vaginal mesh sufferers. CR Bard said that it will pay out $200 million to settle 3000 cases. This pay out represents about 20 percent of remaining lawsuits against mesh device makers.

Bard was forced into this decision because US District Judge Joseph Goodwin warned that more multimillion dollar jury verdicts might push the company into bankruptcy. Since Bard lost several jury cases in regular proceedings and on appeal, the judge saw that it wasn’t likely that Bard would win upcoming cases.

In order to prepare for future victim compensation, Bard, based in Murray Hill, New Jersey, added $337 million to its $660 million reserve for medical device-liability cases.

The company is discussing settlements with attorneys for other victims who blame Bard’s vaginal mesh for their injuries, which include crippling pain and the inability to walk.

Carey Danis & Lowe Can Help

Have you suffered from vaginal mesh? Carey Danis and Lowe attorneys specialize in mesh defect cases. Our firm provides free legal evaluations—please tell us about your case if you’ve been harmed by transvaginal mesh products.

Our on-staff medical experts are ready to answer your questions about complications from faulty mesh devices. Call us at 800-721-2519 to schedule a private consultation. We’ll guide you through your legal options and potential compensation eligibility.

Coloplast Allocates Over $180 M for Vaginal Mesh Litigation

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

coloplast_transvaginal_mesh_lawsuitColoplast announced in a press release that it was planning to allocate one billion in Danish Krone (DKK), which converts to over $180 million, as a legal fund to be used for transvaginal mesh lawsuits. The transvaginal mesh manufacturer made the announcement in early May. In their press release, Coloplast stated that it expects to be the target of approximately 7,000 U.S. lawsuits regarding their transvaginal mesh products.

With such a large number of transvaginal mesh lawsuits before them, Coloplast noted that their insurance coverage would not be able to cover all legal expenses, which is the reason for establishing the reserve.

In their announcement, Coloplast also expressed their willingness to negotiate settlements.

Carey Danis & Lowe Represents Victims

An experienced defective medical device law firm with headquarters in St. Louis, Carey Danis & Lowe is a dedicated legal representative of victims who have been injured by pharmaceutical products. If you believe that you have been injured by transvaginal mesh, our defective medical device lawyers would like to evaluate your case with you.

We offer free initial case evaluations.

Contact Carey Danis & Lowe today. Reach our law offices by phone at 800.721.2519, or submit a personal injury claim form.

Stay up-to-date on the latest transvaginal mesh lawsuit news by reading the Carey Danis & Lowe blog. Read an article about a proposed Coloplast Transobturator settlement,

Bayer Allocates $1.5 Billion as a Yaz and Yasmin Legal Fund: Settlement Agreements Reached in Yaz and Yasmin Lawsuits

By | Pharmaceutical litigation, Uncategorized, Yaz/Yasmin

Bayer Allocates $1.5 Billion as a Yaz and Yasmin Legal Fund: Settlement Agreements Reached in Yaz and Yasmin Lawsuits According to a Reuters report published on March 4, Bayer allocated $1.5 billion last year as a legal fund for Yaz and Yasmin lawsuits. In anticipation of future settlements of Yaz and Yasmin lawsuits, Bayer has set these funds aside, as it faces thousands more lawsuits.

Bayer recently reached a settlement agreement of $1 billion in 4,800 lawsuits filed against them in the U.S. These nearly 5,000 lawsuits were filed against the German pharmaceutical company because, as the plaintiffs claim, ingestion of the contraceptives Yaz and Yasmin resulted in the formation of blood clots causing heart attack, stroke, and even death.

Though Bayer has settled these 4,800 Yaz and Yasmin lawsuits, they still face over 11,000 more in the U.S. alone. In Canada, the manufacturer of Yaz and Yasmin will be up against 13 class action lawsuits.

A Yaz multi-district litigation (MDL) has been established in a U.S. District Court for the Southern District of Illinois. Yaz and Yasmin lawsuits have been consolidated into the MDL, which is known as In re Yasmin and Yaz (Drospirenone) Marketing, Sales Practices and Products Liability Litigation MDL 2100. The Yaz MDL 2100 is being overheard by Judge David Herndon, who in 2011 postponed bellwether trials.

Lawyers at Carey Danis & Lowe have been following the Yaz and Yasmin MDL in order to determine if the MDL proceedings will be affected at all by any recent Yaz and Yasmin settlements or other actions made by Bayer, such as their most recent public move in allocating over $1 billion for legal expenses.

Women who have filed Yaz and Yasmin lawsuits have experienced serious health complications, some of which have been fatal. Plaintiffs in these lawsuits allege that Bayer, in addition to releasing a defective, harmful drug onto the market, are also guilty of withholding information about the health risks of using these two contraceptive drugs along with employing deceptive marketing practices.

Lawyers at Carey Danis & Lowe encourage women who have been injured by Yaz or Yasmin to contact an experienced trial lawyer at Carey Danis & Lowe today for a free legal evaluation about a Yaz and Yasmin case. As Bayer’s most recent fund transfer demonstrates, they are preparing to settle these lawsuits as opposed to fighting them.

To file a Yaz lawsuit or a Yasmin lawsuit, contact a lawyer at Carey Danis & Lowe today by calling 800.721.2519 or by submitting a legal claim form.

Yaz/Yasmin DVT & Pulmonary Embolism Settlements Progressing

By | Pharmaceutical litigation, Uncategorized, Yaz/Yasmin

Published July 10, 2012 by LawsuintInformation

Yaz Deep Vein Thrombosis & Pulmonary Embolism Settlements ProgressingAs a Yaz Pulmonary Embolism, Deep Vein Thrombosis Attorney I have written extensively about the risks inherent in birth control pills containing Drospirenone.

According to status report held on June 22, in the U.S. District Court for the Southern District of Illinois, Bayer has reached agreements with about 33 different law firms to resolve at least 1,444 Yaz Deep Vein Thrombosis, Stroke and Pulmonary Embolism claims.

According to Bloomberg News, as of late April, Bayer faced 11,900 lawsuits over Yaz and its sister drug Yasmin in the U.S. with about 14,000 plaintiffs. Experts predict that the company may have to pay up to $2.65 billion to settle all of the pending cases.

Bayer, the manufacturer of Yaz, Yasmin and Ocella, began settlement negotiations earlier in January, with women who claimed venous thromboembolism blood clot-related personal injuries allegedly caused by side effects of these oral contraceptive birth control pills.

Yaz Federal MDL

All federal cases have been centralized for pretrial proceedings in the U.S. District Court for the Southern District of Illinois. These lawsuits are consolidated as part of an MDL, or multidistrict litigation.

No Venous Thrombotic Bellwether Trials

According to the hearing conference minutes, the judge overseeing the MDL litigation, opined that there are not going to be any bellwether cases involving venous thrombotic injuries. The reason apparently was because the settlement process is continuing to work to resolve the remaining injury cases.

Bayer is only settling Yaz lawsuits involving a pulmonary embolism or deep vein thrombosis injury at this time. A deep vein thrombosis (DVT) is a blood clot that occurs in the deep veins of the legs or pelvis. A pulmonary embolism occurs when the leg blood clot breaks off, travels through the blood stream and becomes lodged in the lung.

Update June 2012: Yaz & Yasmin Court Information

By | Pharmaceutical litigation, Uncategorized, Yaz/Yasmin

Published June 21, 2012 on LawsuitInformation.org

Yaz Lawsuit Court Info (6/13/12) — Seedol

The latest addition to Yaz Lawsuit news is that attorneys are still taking cases for those whose health was severely affected through the use of this birth control. Yaz, Yasmin and other drospirenone-containing birth controls have been linked to devastating blood clots that can cause young victims to be on blood-thinning medication for the remainder of their lives.

Many Yaz Lawsuits have been pursued for blood-clot related issues like a stroke, pulmonary embolism or deep vein thrombosis. Recent Yaz Lawsuit cases filed have included for those with gallbladder disease or gallbladder failure due to Yaz. Regardless of your side effect, it may be beneficial to speak with a firm that is experienced in settling Yaz & Yasmin lawsuits to see if your situation qualifies for the current Yaz Lawsuit.

Bayer has settled hundreds of Yaz Lawsuits, but it is not too late to begin pursuing compensation for the detrimental health issues you may have after taking Yaz or Yasmin. It is likely that settlements will be made for many of the remaining Yaz Lawsuit cases filed. The situation is also unique in that many experts believe the Yaz Lawsuit may not go to trial phase. The multi-district litigation taking place in the Southern-district of Illinois is continuing to file and settle Yaz and Yasmin side effect lawsuits.

Zoloft Multi-district Litigation Status Conference Scheduled In Pennsylvania

By | Pharmaceutical litigation, Uncategorized, Zoloft

Published May 29, 2012 by LawsuitInformation.org

Zoloft Multi-district Litigation Status Conference In PennsylvaniaFederal lawsuits dealing with birth defects stemming from the popular antidepressant Zoloft were consolidated in a multidistrict litigation case in the Eastern District of Pennsylvania on the 17th of April, 2012. The first status conference, according to an order issued on the 4th of May by presiding District Judge Cynthia M. Rowley, is scheduled for the 12th of July, 2012.

These lawsuits all have several things in common, including the defendant—Pfizer, the drug making giant responsible for the popular antidepressant Zoloft, which is an SSRI drug used in the treatment of general anxiety disorder, post traumatic stress disorder, and other relatively common psychological conditions. The lawsuits also all deal with Zoloft birth defects.

Birth defects common Zoloft lawsuit complaint

Thousands of parents have filed lawsuits across the country after mothers have given birth to children with serious birth defects as a result of their Zoloft use during pregnancy. In many cases, the mothers say they were led to believe that the drug was safe to use, and that they would never have taken it had they known of the risk of potential serious side effects associated with the medications. Their lawyers often claim that the drug makers didn’t adequately conduct clinical trials on the medication before releasing it to the pharmaceuticals market, nor did they adequately warn patients about the risk of these side effects.

The multidistrict litigation case was consolidated in order to streamline pretrial processes dealing with these lawsuits, which will help them be completed more quickly, getting plaintiffs settlements faster. When pretrial processes are completed, many of the lawsuits will be remanded, or sent back to the courts from which they came. At the initial meeting that was recently scheduled, it is likely that each party involved in the litigation will suggest procedures that will lead to the resolution of the litigation and help it move quickly and fairly.

Damages sought in Zoloft lawsuits

Plaintiffs who have filed a Zoloft lawsuit have a lot in common, including a desire for compensation that could cover the costs of their or their child’s past and future medical care. Inclusion in the federal multidistrict litigation case could really help to expedite the legal process for a number of plaintiffs. Studies backing up the claim that Zoloft use by pregnant women could cause birth defects are being cited in these lawsuits, and the combination of several Zoloft cases could help to strengthen the suits even more.

Most DePuy ASR Lawsuits Must Be Filed Before August 2012

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

Published May 18, 2012 on InjuryBoard

DePuy ASR hip implant patients in most states who do not file lawsuits before August 23, 2012 may lose their rights to compensation or to file a lawsuit. Every state has a law called the statute of limitations that sets a limited time period in which a lawsuit for compensation can be filed.

If a person with a legal claim or legal case fails to have a lawsuit filed on their behalf within this time period their claim can be forever barred. In summary, people who do not assert their rights in court within a limited time lose those rights and can never thereafter bring that claim.

Why is the Statute of Limitations for Most ASR Hip Implant Patients This August?

Every state has its own time limit for filing lawsuits called the Statute of Limitations. DePuy and Johnson and Johnson, the manufacturers of the ASR Hip Implant, have a right to have lawsuits dismissed or decided in their favor regardless of the injuries if the lawsuit is not filed in time to comply with the statute of limitations.

Most states in the United States use a two year time period for the statute of limitations. Other states may have a 1 year up to a six year time period for the statute of limitations. Different states use different rules to calculate when these time periods start running and when it is too late to bring a lawsuit. These calculations can be difficult to make and there have been many lawsuits over the running of the statutes of limitations in different types of cases.

Each person’s case should be carefully evaluated individually by an experienced lawyer because individual circumstances can affect calculating this time period. This blog is for general information and awareness and you should not use this information to make your own calculation to rely on for your case for the statutes of limitations.

This two year statute of limitations will run for many DePuy ASR hip implant cases because the official DePuy Recall Notice that received widespread publicity was issued on August 24, 2010. The two year period from that Recall Notice will expire on August 23, 2012. Thus, lawsuits for injured ASR patients must be filed in those states with a two year statute of limitations or it may be too late for those patients to make a claim.

Which States Have a Two Year Statute of Limitations

Arizona, Alabama, Alaska, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, North Dakota, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Utah, Virginia, and West Virginia are the states with a two year statute of limitations for injury cases.

However, the calculations used to measure the two year time periods are different in different states and it is important to have each case calculated by an experience attorney to be sure that the time period does not run out before the lawsuit is filed.

For example, the two year statute of limitations in Virginia is unusual in that the two year time period in that state runs from when the person first has pain or is aware of an injury even if that was before the recall of before they had any idea that DePuy might be responsible. So in Virginia it is likely that the statute of limitations may have already run on some cases where the person had pain from their hip implant before the recall date. It is possible that someone reading this blog could have a statute of limitations that will run tomorrow or next week!

Immediate individual legal advice is critical to making sure that the Statute of Limitation is not missed.

There are many states other than those listed above that have a statute of limitations of two years from the date of death if the implant caused a death. Some states have longer statutes of limitations for injury cases than for death cases.

Are There Exceptions to the Statute of Limitations?

There are few exceptions to the Statute of Limitations. One of the clearest is the Sailors and Soldiers Relief Act which can toll the statute of limitations for some active members of the military while they are in the service of our country. Tolling of the Statute of Limitations means that the time period is stopped from running. That means that some active military people could wait many years before having to file their cases. Our firm has had other types of cases where the statute of limitations has been tolled for decades while a military person is in active service.

Many states have what is called a “Discovery Rule” which means that the Statute of Limitations does not start until a person would reasonably know that they might have a liability claim. I believe many judges would rule that the widespread public dissemination of the DePuy Recall Notice of August 24, 2010 would start the clock running on the statute of limitations even if an individual person did not hear about it or know about it because the test is usually an objective test about what a reasonably informed person would know.

There is another highly complex legal rule called the “American Pipe Rule” that may be applied in some states if a class action is pending to toll the time period for an individual lawsuit for a person who would be a member of that class action. This theory should not be relied on for DePuy ASR cases because there is no viable class action that I know of. The ASR cases are coordinated for pretrial purposes in a federal multidistrict proceeding called an MDL but this is not a class action and will not toll or stop the statute of limitations from running in an individual case unless an individual case is filed for that person.

Mental incompetence can be an exception in some states that could extend the statute of limitations. For example, someone with severe Alzheimers disease might qualify in some states for an extension to the statute of limitations.

Final Advice on the Statute of Limitations for ASR Lawsuits

Every person with a DePuy ASR Hip Implant should have a detailed review of the statute of limitations done by an attorney experienced in medical product liability cases. This review should be done immediately because once the statute of limitations has run there is no way to reopen or restart it. Once the statute of limitations has run it is too late to ever bring a lawsuit for harms and injuries from the defective ASR metal on metal hip implants.

Do Not Rely on this blog as a substitute for an individual legal review of your individual case facts. This blog is to increase general knowledge and awareness of these issues and not to give any legal opinion on any individual case.

I am happy to give individual case opinions at no charge if I can review the specific facts of your case and compare them to the laws of the statute of limitations applicable to your specific case. If you have retained a lawyer to represent you then you should contact that lawyer for an opinion on the statute of limitations.

Every person who has not already filed a lawsuit should obtain a legal opinion on the statute of limitations from me or any other experienced medical device product liability attorney as soon as possible to protect their legal rights .

Drug and Medical Device Cases To Look for in Your Practice

By | Defective Medical Device litigation, Pharmaceutical litigation, Uncategorized

Published May 15, 2012 on InjuryBoard

It is hard to keep track of all of the information we get daily about various drugs and devices. Which ones are potential cases? Who can review them for me?

Here is a list of cases that we are reviewing, and can assist you on. It is not exhaustive.

Depuy Hip Replacements: These hips were installed in thousands of patients without adequate testing. It turns out that the metal components degrade and leave dangerous levels of metal in the blood stream. They also are often ill fitting. In almost every case the replacement needs to be redone.

Actos: This is a diabetes medication that was known to cause bladder cancer.

Zicam: This is a nasal inhaler for colds that causes loss of taste and smell.

Flouroquinolones (Cipro, Levaquin, Avelox): These drugs are known to cause tendon ruptures. The manufacturers have warned since 2009 that they should be used sparingly and only when necessary, yet some doctors continue to overprescribe the drugs. These are now brought by us as medical malpractice claims.

Medtronic Pacemaker Leads: The leads on some of these pacemakers are defective, and can cause death and even when discovered in time can be very difficult to replace.

SSRIs and Birth Defects: Some SSRI medications have been linked to birth defects, and may be actionable.

Bayer Yaz and Yasmin Lawsuit Settlements Climb to $142 Million

By | Pharmaceutical litigation, Uncategorized, Yaz/Yasmin

Published April 26, 2012 by LawsuitInformation.org

Bayer AG (BAYN) said settlements of U.S. lawsuits claiming that its Yasmin line of birth-control pills caused blood clots in women have increased to $142 million.

Bayer, based in Leverkusen, Germany, has resolved 651 cases alleging its Yasmin and Yaz contraceptives caused sometimes- fatal clots that can lead to heart attacks and strokes, the company said today in its Stockholders’ Newsletter for the first quarter. The company said it paid $142 million in the settlements, for an average of about $218,000 a case.

“This company wants to avoid the possibility of a large jury award in these clot cases,” Carl Tobias, who teaches product-liability law at the University of Richmond in Virginia, said in a phone interview. “Settlements provide predictability when it comes to the cost of resolving these cases.”

Bayer’s update comes less than two weeks after Richard Vosser, a JPMorgan Chase & Co. analyst, said the drugmaker may have to pay more than 2 billion euros ($2.65 billion) to resolve all the cases over the contraceptives.

Bloomberg News reported April 13 that Bayer agreed to pay about $110 million to settle the first 500 U.S. suits over Yasmin, according to people familiar with the accords.

The U.S. Food and Drug Administration April 10 ordered Bayer and other contraceptive makers to strengthen blood-clot warnings on their products.

Triple Risk

Pills like Bayer’s Yasmin, which contain a synthetic hormone called drospirenone, will have warning labels saying researchers have found they may triple the risk for clots.

The FDA examined data on more than 835,000 women who took pills containing drospirenone, including Bayer’s Yasmin line, according to the FDA report. Yasmin was the No. 4 oral contraceptive in the U.S. in 2011, with 4.6 percent of the market as of September, according to data from IMS Health.

Bayer’s contraceptives generated $1.58 billion in sales in 2010, making them the drugmaker’s biggest-selling drugs after Betaseron, a multiple sclerosis medication.

“Bayer is only settling claims in the U.S. for venous clot injuries (deep vein thrombosis or pulmonary embolism) after a case specific analysis of medical records,” the company said in the report.

11,900 Suits

Fewer than half of the cases brought over the contraceptives so far include those injuries, Bayer said. As of April 18, Bayer faced 11,900 lawsuits over Yaz and Yasmin in the U.S. involving about 14,000 plaintiffs, the company said.

Bayer’s American depositary receipts, each representing one ordinary share, rose 2.2 percent to $69.78 in over-the counter trading today. Shares in Germany climbed 2.6 percent to 54.44 euros.

Bayer officials said they were “increasingly confident” about the drugmaker’s outlook for the year after reporting sales and profits in the first quarter that beat analysts’ estimates.

Earnings before interest, tax, depreciation, amortization and special items rose 9.4 percent to 2.44 billion euros, the company said in a statement. That beat the average analyst estimate of 2.24 billion euros compiled by Bloomberg.

In the newsletter, Bayer officials said they weren’t admitting wrongdoing in any of the settlements. Bayer’s available insurance for product-liability claims may not be enough to “cover all expenses and potential liability” from the litigation, according to the newsletter.

Gallbladder Cases

Michael Burg, one of the leaders of a group of plaintiffs’ lawyers that is overseeing the progress of Yasmin cases consolidated before a federal judge in Illinois, said Bayer is pressing ahead with settlement talks about clot cases.

The drugmaker is rejecting women’s claims that the contraceptives damaged their gallbladders or caused them to suffer from gallstones, Burg, who is based in Colorado, said in a telephone interview.

“At this point, they’ve said they don’t anticipate settling any of the gallbladder cases,” he said.

Since 2009, the German drugmaker has faced a wave of litigation over the birth-control pills. Lawyers suing the drugmaker cited FDA reports of at least 50 deaths tied to the pills from 2004 to 2008. Plaintiffs’ lawyers contend in court filings that Bayer officials marketed the contraceptives for unapproved uses and misled women about the drugs’ risks.

Trials on Hold

The cases filed in federal courts were consolidated before U.S. District Judge David Herndon in East St. Louis, Illinois, for pretrial proceedings.

Herndon scheduled a series of trials for early this year so juries could begin weighing claims that Bayer and its units marketed Yaz and other contraceptives as safer than rivals’ products while knowing they posed a higher clot risk.

At Bayer’s suggestion, Herndon called in Stephen Saltzburg, a George Washington University law professor, to serve as a mediator. Saltzburg’s job was to explore the possibility of “settlements in this litigation,” Herndon said in a December order.

The judge put the trial schedule on hold while Saltzburg met with lawyers for the drugmakers and former Yaz users. “I don’t anticipate seeing any trials this year,” Burg said today.

The case is In re Yasmin and Yaz (Drospirenone) Marketing, Sales Practices and Product Liability Litigation, 09-md-02100, U.S. District Court, Southern District of Illinois (East St. Louis).

Yaz Settlements Reach into Millions

By | Pharmaceutical litigation, Uncategorized, Yaz/Yasmin

Published May 7, 2012 on LawsuitInformation.org

Settlements for plaintiffs who have experienced serious side effects associated with the popular birth control medications Yaz and Yasmin have reached into the millions, after hundreds of plaintiffs received Yaz side effects settlements recently. Yaz drug maker Bayer has agreed to pay out at least $110 million in order to settle 500 lawsuits involving Yaz blood clots.

This settlement news comes when the number of Yaz lawsuits that has already been filed has peaked at 11,000, with plaintiffs claiming that Yaz blood clots, Yaz strokes, and other dangerous side effects have plagued them. Drug maker Bayer has been battling Yaz side effects lawsuits for years, and plaintiffs are hoping now that they have started to settle with those who have filed suit against them many more settlements will be available in the near future.

FDA warnings affect Bayer

Earlier this month, the Food and Drug Administration ordered drug maker Bayer to strengthen warnings about Yaz side effects and Yaz blood clots on their products’ labeling. This newly strengthened warning about the potential side effects associated with use of the extremely popular birth control medication could make patients think twice before using Yaz, Yasmin, and other drospirenone-based birth control methods.

Bayer has also agreed to pay Yaz settlements to the first wave of Yaz lawsuit plaintiffs. These lawsuits took place in the multidistrict litigation case assigned to the United States’ District Court for the Southern District of Illinois.

More and more plaintiffs involved in Yaz litigation could see settlements in the future if Bayer’s willingness to pay out in this case is nay indication. Bayer is likely to want to avoid the risks and costs associated with courts in the United States, as it is a German company, and mediation has been entered into in many cases because of this.

Bayer’s settlements unconfirmed

Although the drug maker itself has not officially confirmed the exact amount in settlements, a spokesperson for the company acknowledged that they had paid off a number of plaintiffs, although she did not explicitly disclose the number or the amount of money involved.