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US Archives - Carey Danis & Lowe

Another Win for Topamax Birth Defect Victims

By | Pharmaceutical litigation, Topamax, Uncategorized

topamax-lawsuit-settlementsDrug companies manage to find a way to appeal a case. However, in a Topamax birth defect suit, the court found that there was no reason to reconsider the earlier decision affirming a $4.2 million award.

The lawsuit involves the plaintiff, April Czimmer against Janssen Pharmaceuticals. Ms. Czimmer was awarded the large verdict because the jury found that the drug maker failed to sufficiently warn doctors about the extent of the risk of birth defects developing from the use of Topamax. The jury charged that the company’s negligence was a significant factor in causing April Czimmer son’s cleft palate.

The appeal hinged on the words “substantial contributing factor”, with the pharmaceutical company saying that the phrase was vague and confusing for the jurors. However, the Pennsylvania Superior Court denied the company’s effort to reconsider the 4.2 million verdict because jury instructions followed the precedent and were clear in defining the phrase.

This is excellent news for Czimmer and her son―and for families across the US who’ve been impacted by Topamax birth defects.

CD&L can help victims of birth defects caused by Topamax.

Our Topamax lawyers are currently investigating cases involving women who took Topamax during their pregnancy, and had infants with birth defects, especially cleft lips and cleft palates.

We offer free case evaluations, during which one of our lawyers will guide you through compensation eligibility, legal options, and whether filing a Topamax birth defect lawsuit is right for you.

Please call us at 800.721.2519 to discuss how we can help you get the justice you deserve.

2700 Testosterone Gel Lawsuits in US

By | Pharmaceutical litigation, Testosterone, Uncategorized

testoserone_gelOver 2,700 testosterone gel lawsuits are pending in the US. According to a Forbes article from late October 2015, testosterone lawsuits numbered around 2,000 in August 2015. In the ensuing months, even more men who suffered serious testosterone side effects stepped forward, bringing the total near 3,000.

A legal representative commented in the Forbes article that the lawsuits are “not quite to the halfway point in terms of the number of suits we’re going to see.”

Lawsuits consolidated in Chicago

Testosterone lawsuits are consolidated in a multidistrict litigation (MDL) in Chicago. The MDL cites 7 companies that make testosterone products.

The US District Court Judge managing the MDL, Judge Matthew Kennelly, is moving pretrial proceedings along at an efficient pace. In late 2016, the court will begin the bellwether trial process; at this time, rulings will be made on bellwether testosterone lawsuits that both parties carefully selected as representative of a majority of the MDL lawsuits.

AbbVie and AndroGel

This first round of bellwether cases scheduled for 2016 involves AbbVie and their testosterone product, AndroGel.

These AndroGel lawsuits allege that AbbVie’s testosterone product caused blood clots, heart attacks, and strokes. These lawsuits also argue that AbbVie’s AndroGel marketing campaigns misled them to believe the product as safe.

Decline in AndroGel sales

According to the Forbes article cited above, AndroGel sales plummeted as testosterone lawsuits rose. AndroGel sales dropped by 32% in the first 6 months of 2015.

WE CAN HELP YOU

Carey Danis & Lowe AndroGel lawyers represent men just like you who have been injured by testosterone gel, including Abbvie’s AndroGel. Our team of experienced testosterone lawyers are investigating cases, and encourage you to explore your legal options with us today.

For a free case evaluation, call us toll free at 800.721.2519.

You can also reach us online by completing a confidential personal injury claim form.

US Corn Farmers Cite Lost Income in GMO Corn Lawsuits

By | Class Action, GMO, Uncategorized

gmocornseedlawsuitThe estimates vary, but corn industry participants say that somewhere between $1 ‒ $3 billion is the total loss handed to the US corn industry after China’s rejection of a specific GMO corn product.

Corn industry participants, including US corn farmers, felt the financial impact of the trade disruption with China, and are stepping forward. They’re filing GMO corn seed lawsuits targeting Syngenta, a Swiss biotechnology giant.

Thousands of lawsuits

According to The Free Press, a Mankato, MN news outlet, there are around 2,000 GMO corn lawsuits pending in the US as of early November 2015. Carey Danis & Lowe GMO corn lawyers reviewed the lawsuit docket in late November 2015, and noted that the number has since risen to just under 2,500.

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.

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.

Over 20,000 GMO Corn Seed Lawsuits Filed by US Corn Famers

By | Consumer protection, GMO, Uncategorized

gmocornseedlawsuitIt all comes down to corn prices. During the season, you put in the long days, plenty of hard work, but the harvest’s success still comes down to corn prices.

For corn farmers across the US, 2013 was a challenging year. The Swiss biotechnology company, Syngenta, and their GMO corn seed, Agrisure Viptera, are what many corn farmers and those who work in the corn industry point to as the reason why 2013 brought so many challenges, chief among them financial troubles due to the severe drop in corn prices.

Prices took a plunge because of China, a major importer of US corn. However, in 2013, China refused to import GMO corn, in this case Agrisure Viptera, that they had not yet approved. US corn farmers were left with lots of corn and no one to buy it.

Seeking to recover their losses, US corn farmers are filing GMO corn seed lawsuits targeting Syngenta.

A primary claim is that Syngenta laid the foundation for financial troubles when they started selling their GMO corn seed to US corn growers without first getting approval from major trade partners, like China.

According to the Fulton Sun, a news outlet in Fulton, Missouri, corn prices plunged to $3.30 per bushel from $7 following China’s import rejection. The news outlet mentioned that nearly 400,000 US corn farmers felt the impact of the price decline, and more than 20,000 of these farmers have since filed lawsuits.

Large agricultural companies have also gotten involved in lawsuits. Cargill and Archer Daniels Midland have filed suits against Syngenta as well.

WE HELP US CORN FARMERS

With our headquarters in St. Louis, we are uniquely situated to help US corn farmers explore their legal options. Carey Danis & Lowe offers free case evaluations, so if you believe that you have a GMO corn seed lawsuit, you can reach our law offices by phone at 800.721.2519 for assistance.

Appeals Court Upholds $4M Topamax Birth Defect Lawsuit Verdict

By | Pharmaceutical litigation, Topamax, Uncategorized

topamax-lawsuit-settlementsA pharmaceutical giant will go to the ends of the earth to find a way to appeal a case. However, in the Topamax birth defect lawsuit involving plaintiff, April Czimmer, the maker of Topamax presented an appeal that didn’t hold together in court. A panel of judges in a Pennsylvania appeals court struck down Johnson & Johnson’s appeal in late August 2015.

The drug maker originally questioned the October 2013 jury verdict, which ordered Johnson & Johnson to pay the plaintiff $4 million. They argued that the jury verdict and the jury’s explanation didn’t conform to a Virginia Supreme Court ruling about the specificity of language used when describing how a drug directly causes an injury.

In the Czimmer case, that injury was a birth defect of the plaintiff’s son known as a cleft palate caused by Topamax exposure in the womb.

The panel of judges agreed with the jury’s instructions, and that the jury’s explanation did demonstrate the causal relationship between Topamax and birth defects. According to a Law360 article about the appeals court decision, the “three-judge panel found that jury instructions in the case were not at odds with a Virginia Supreme Court ruling”.

The decision to uphold the $4 million verdict is excellent news for Czimmer and her son―and for families across the US who’ve been affected by Topamax birth defects.

We can help you.

Our Topamax lawyers are currently investigating cases involving women who consumed Topamax during their pregnancy, and had children with birth defects, especially cleft lips and cleft palates. We offer free case evaluations, during which one of our Topamax lawyers guides you through your legal options, compensation eligibility, and whether filing a Topamax birth defect lawsuit is right for you and your family.

Contact Carey Danis & Lowe for your free case consultation today. You can reach our law offices by phone at 800.721.2519. You can also share your Topamax story with us online by visiting https://www.careydanis.com/contact/, and completing your confidential personal injury claim form.

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

Monsanto Woos Chemical Agricultural Company

By | Consumer protection, Monsanto, Uncategorized

gmocornseedlawsuitEarlier this summer, Monsanto twice offered to buy Syngenta for $45 million. Why would the US based chemical giant want to buy out its arch rival in Switzerland?

The answer doesn’t seem to lie in Syngenta’s global seed business.

Instead, it appears that Monsanto is preparing for the future by investing in chemistry to battle escalating plant resistance to its leading product, Roundup Weed Killer. Since the product is not working on some of the very weeds that it was designed to kill, the company is scrambling to find new chemicals to combat the resistance.

Syngenta and its chemical agriculture business may provide answers in developing new herbicide technologies.

Additionally, since grain production is high and grain prices are low, the greatest opportunity (i.e. profits) for ag suppliers will be chemicals, not seeds.

Chinese officials have refused to allow GMO crops into their country and South American farmers have refused GMO seeds. For these reasons, Monsanto is no doubt is looking for other options than genetically modified seeds that tolerate the harsh Roundup herbicide.

Other criticisms of the product include:

  • Seed contamination – it’s impossible to avoid cross pollination of GMO and non GMO seeds
  • Future Risks – Scientists don’t know what the true effect of GMOs is on the environment
  • Terminator Seeds – Since Roundup Ready seeds are sterile for second generation crops, farmers need to purchase seeds each year if they want to use Roundup.
  • Lawsuits – The chemical giant threatens to sue farmers whose crops contain Monsanto’s patented GMO technology. However, since cross pollination is unavoidable, the farmers have no control over the situation and may suffer devastating financial losses when overpowered by Monsanto’s’ corporate legal team.

 Carey Danis & Lowe can help.

If you have financial damages due to the above situations, you may be eligible to receive compensation for your losses. Our attorneys have extensive experience in representing the individual in corporate lawsuits.

For a free, no-obligation case evaluation, contact Carey Danis & Lowe by phone at 800.721.2519, or complete a personal injury claim form.

We look forward to offering you legal assistance.

In Canada, Vaginal Mesh Victims File Class Action Lawsuit

By | Defective Medical Device litigation, Transvaginal Mesh, Uncategorized

cook_medical_transvaginal_meshA woman injured by a Cook Medical vaginal mesh has filed a class action lawsuit in Calgary Court of Queen’s Bench.

The class action lawsuit calls for at least $500,000 in compensation for each of the women named in the suit.

Women involved in the suit have undergone surgical operations to remove their mesh devices and to repair damage to surrounding organs caused by defective mesh.

Cook Medical already faces numerous lawsuits in the US. Around 385 transvaginal mesh lawsuits have been consolidated in a federal court in West Virginia.

We’re here to help you.

At our law offices, we work with women who have suffered tremendously from defective vaginal mesh. Our job is to win you the compensation you so rightfully deserve.

Our lawyers are available to discuss your case.

Ready to talk about your case?

We offer free evaluations.

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

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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.

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