▸ Learn More: Lipitor Lawsuits for Women with Diabetes

Financial compensation may be available for Lipitor diabetes complications through a product liability lawsuit over Pfizer’s failure to adequately warn women or the medical community about the potential risks associated with using the medication.

A diagnosis of diabetes from Lipitor can have a severe impact on overall health and quality of life. Managing type 2 diabetes requires frequent testing of blood glucose levels, adherence to a strict diabetic diet and taking medications to control diabetes. In many cases, those medications, like Actos, Byetta, Januvia and Janumet, can expose users to a further risk of side effect.

Have You Been Diagnosed with Diabetes from Lipitor?

REVIEW A CASE

Lipitor diabetes effects also place individuals at an increased of complications associated with the disease, including:

• Heart Disease
• Blindness
• Neuropathy
• Kidney Disease
• Ulcers
• Amputation

Lipitor (atorvastatin) has generated billions in profits for Pfizer and their Warner-Lambert subsidiary, based on marketing the drug as a means of improving an individuals health.

In reality many users have suffered devastating health complications that could have been avoided if adequate warnings had been provided, allowing women to make an informed decision about whether to use Lipitor. In addition, if the Lipitor diabetes risk had been disclosed, users may have been able to avoid the disease by actively monitoring their blood glucose levels for changes while taking the drug.

Lipitor Diabetes Cases

To determine if you, a friend or family member may be eligible to pursue a lawsuit over Lipitor diabetes problems, request a free consultation and claim evaluation.

All cases are reviewed by our law firm under a contingency fee agreement, which means that there are never any out-of-pocket costs to pursue a Lipitor lawsuit. There are never any attorney fees or expenses unless we are successful obtaining compensation for a Lipitor diabetes injury.

CONTACT OUR LAWYERS ABOUT LIPITOR DIABETES COMPLICATIONS

Although the manufacturer is not directing hospitals to stop performing da Vinci robotic surgery or removing the defective instruments from the market, the FDA should classify this action as a da Vinci robot recall, as it appears that use of components may pose a risk of serious adverse health consequences or death.

Recall Comes Amid Reports of da Vinci Robotic Surgery Burns

Saiontz & Kirk, P.A. represents individuals throughout the United States who are pursuing a da Vinci robotic surgery lawsuit after experiencing burns, tears or other severe internal injuries that may have been caused design defects or inadequate training provided by Intuitive Surgical about the proper use of the surgical robot.

Have You or a Loved One Suffered a da Vinci Surgery Burns, Tears or Other Robotic Surgery Complications?

REVIEW A CASE

While our da Vinci surgery recall lawyers have been reviewing potential claims involving design defects with the device for more than a year, the mainstream media has just recently started to focus on the mounting number of injuries suffered following robotic surgery, highlighting cases where individuals suffered burns, tears and severe internal bleeding that may have been caused by the da Vinci robot.

In an “Urgent Medical Device Notification” dated May 8, Intuitive Surgical now acknowledges that there may be a risk of “micro-cracks” developing in certain versions of its Hot Shears Monopolar Curved Scissors.

These micro-cracks in the da Vinci robot scissors are often not visible to the surgeon or hospital staff, yet it may create a pathway for electrosurgical energy to leak to the tissue during robotic surgery, causing a thermal injury or electrical burns.

Decision Not To Label it a Recall for da Vinci Robot

While injuries caused by the micro-cracks in certain Monopolar Curved Scissors appears to pose a substantial risk of severe internal injury or wrongful death following da Vinci surgery, Intuitive Surgical has not labeled the action as a voluntary “recall”, allowing the defective da Vinci robot scissors to remain on the market.

According to a statement provided to CNBC, Intuitive Surgical defended the decision not to issue a da Vinci robot recall, indicating:

“[Intuitive Surgical] considered the risk to patients of removing the product from the field, which included cancelled or postponed surgeries in cancer patients as well as conversion to more invasive open surgical procedures. The company determined that the risks of device removal before a replacement could be offered outweighed the risks of leaving the existing product in the field.”

There are many problems with this line of reasoning, not the least of which is that there are already substantial questions over whether da Vinci Surgery provides any long term benefits, so converting surgeries to tradition procedures does not pose any increased risk to patients.

Multiple studies and medical groups have already expressed concerns in recent months that the short-term benefits provided by robotic surgery may not justify the increased costs and risk of complications, and that was before the manufacturer disclosed that some of the da Vinci instruments may suffer micro-cracks that could cause electrical burns or injuries.

There is also a lack fo data supporting that da Vinci surgery provides any long-term benefits over other procedures, so it is highly suspect that Intuitive Surgical would keep these instruments on the market and allow patients to be exposed to the risk of complications.

The likely answer to why they are not describing this as a da Vinci surgical robot recall is that hospitals have paid millions of dollars to purchase the complex machine and millions more have been invested in promoting robotic surgery as a superior alternative to traditional procedures.

da Vinci Surgery Warnings and Precautions Outlined in Letter

The letter provided to customers does not indicate when replacement Hot Shears Monopolar Cautery Scissors without the potential for micro-cracks will be available. It appears that Intuitive Surgical may not have been willing to voluntarily take on the loss of procedures and increased media attention for that period of time.

Unfortunately, as a result of Intuitive Surgical’s decision to place their desire for profits before consumers safety, patients may suffer:

• Surgical Burns to the Bladder, Bowel, Arteries or Other Organs
• Tears or Perforations to Bladder, Bowel, Arteries or Other Organs
• Complications Resulting in Additional Surgical Procedures Following Robotic Surgery
• Wrongful Death following da Vinci Surgery

While it is allowing the da Vinci robot to remain on the market, Intuitive Surgical has offered several warnings and precautions regarding use of the EndoWrist Monopolar Curved Scissors, suggesting that these instructions will help avoid problems where the electrical current will arc outside the surgical field and injure nearby arteries, organs and tissue.

The letter cautions surgeons not to “air fire” the cauterizing effect, advising only to activate the electrical current when the scissor tips are in direct contact with tissue. They also warn surgeons to be aware of patient anatomy that may come into contact with the Hot Shears, to survey the surgical field around the da Vinci scissors, not to exceed the maximum recommended settings, only to use validated instruments approved for use with the robot and to consider whether the patient may be more susceptible to burns.

Our lawyers will be closely monitoring this latest development and how the FDA responds to this action. In many cases the FDA will classify such “Urgent Medical Device Notifications” as a recall even when the manufacturer attempts to avoid using that language.

Based on the available classifications used by the FDA, the da Vinci robotic surgery recall should be categorized as a Class I Medical Device Recall, because use of the Hot Shears Monopolar Curved Scissors poses a substantial risk of severe injury or death.

Investigations into da Vinci Surgical Robot Problems

Earlier this year, the FDA launched an investigation into the mounting reports of problems and complications following da Vinci robotic surgery. The agency sent a survey to doctors in January asking them to outline instances of issues with the da Vinci Robot, as well as for information on the training received for da Vinci robotic surgery and insights into what procedures the surgical robot is best and worst for performing.

The FDA has received thousands of reports involving da Vinci surgery deaths and injuries in recent years. According to an analysis of adverse event reports submitted to the FDA, Intuitive Surgical has consistently denied that these problems were caused by da Vinci robot, even in cases where burns were suffered to internal arteries and tissue, which do not burn themselves.

For individuals who have experienced injuries following robot surgery, our lawyers at Saiontz & Kirk, P.A. are reviewing whether financial compensation may be available through a da Vinci robot recall lawsuit. To review a potential claim for yourself, a friend or family member, request a free consultation and claim evaluation.

CONTACT OUR LAWYERS ABOUT A dA VINCI SURGERY PROBLEMS

Effexor (venlafaxin) is an antidepressant that is part of a class of medications known as “serotonin-norepinephrine reuptake inhibitors” or SNRI. It was originally approved by the FDA in 1993 for treatment of major depressive disorders, anxiety disorder and other related conditions. Amid aggressive marketing it has become a widely used medication, generating billions in profits for Pfizer and their Wyeth subsidiary.

Has Your Child Suffered Heart Defects Following Effexor Use During Pregnancy?

REVIEW A CASE

Although serious concerns have existed about the potential for heart defects from Effexor use by pregnant women, the drug makers have promoted the antidepressant as safe and effective for use during pregnancy.

Studies and case reports have suggested that side effects of Effexor may increase the risk of heart problems and congenital defects for off-spring exposed before birth, yet this information has been withheld from users and the medical community.

As a result of Pfizer’s decision not to adequately warn about the risks, financial compensation and settlement benefits may be available for children who suffered heart defects or malformations from Effexor.

To learn more about these lawsuits and what rights may be available for your child, contact the Effexor lawyers at Saiontz & Kirk, P.A. to review the circumstances surrounding the birth and any medical problems you suspect may have been caused by exposure to Effexor before birth.

After contacting our office, if our attorneys believe that your child may be eligible to pursue an Effexor heart defect lawsuit, it is your decision whether to pursue the case through our law firm.

If you do hire our attorneys to move forward with the case and pursue Effexor settlement benefits, there are never any out-of-pocket fees or expenses paid by our clients.

All cases are handled under a contingency fee agreement, which means that our lawyers receive no attorneys fees or expenses unless we are successful obtaining a recovery for the child. Contingency fees allow families to obtain the quality legal representation their child deserves, regardless of their financial means.

CONTACT OUR EFFEXOR LAWYERS ABOUT A LAWSUIT

In a drug safety communication issued on May 6, the FDA has provided new warnings about the risk of Depakote problems for children exposed to the medication during pregnancy. The FDA has contraindicated the use of Depakote and other valproate-based medications for treatment of migrains by pregnant women, indicated that the risks for the child outweigh the benefits of preventing migrains.

Did Your Child Suffer Problems from Depakote During Use During Pregnancy?

REVIEW A CASE

These warnings provide further support for the Depakote lawsuits being reviewed by our product liability lawyers, who are continuing to offer free consultations and claim evaluations for families of children who have experienced health issues that may have been caused by Depakote problems, including:

• Low I.Q.
• Cognitive Problems
• Autism
• Developmental Delay
• Spina Bifida
• Cleft Palate
• Other Birth Defects or Malformations

Depakote Lower I.Q. Warning

The new FDA warnings were issued after the agency reviewed a recent study that indicates side effects of Depakote may lower I.Q. scores for children whose mother were prescribed the drug while pregnant. Therefore, the agency has changed the pregnancy category for Depakote migraine use from “D” (indicating that the potential benefit of the drug may be acceptable despite the risk) to a category “X” pregnancy drug (indicating that use of Depakote in pregnant women to treat migrains clearly outweighs the possible benefits).

Although the risk of I.Q. problems with Depakote appears to exist whether the drug is used to treat migrains or other conditions, the agency has maintained the pregnancy category D for Depakote use among epileptics and those suffering manic episodes associated with bi-polar disorder.

The agency has indicated that Depakote and other valproate-based drugs should only be prescribed if other medications were not effective and urges women of childbearing age to use effective birth control while taking Depakote.

Among the valproate drugs affected by the warning are:

• Depakote, Depakote CP and Depakote ER (divalproex sodium)
• Depacon (valproate sodium)
• Depakene and Stavzor (valproic acid)

Depakote I.Q. Lawsuits

The FDA indicates that it is working with the manufacturers to update the Depakote warning label to better describe the risk of lowered I.Q., and that it will continue to update the public as information becomes available.

It appears that the drug makers knew or should have known about the link between Depakote and I.Q. problems for some time, financial compensation may be available for children as a result of the failure to provide adequate information to women and the medical community.

To review a potential claim for yourself, a friend or family member who may have experienced problems from Depakote exposure, request a free consultation and claim evaluation.

Have You or a Family Member Been Diagnosed with Pancreatic Cancer After Using:

• Byetta
• Victoza
• Januvia
• Janumet

REVIEW A CASE

While many people may confuse such consolidation with a class action lawsuit for Byetta, Victoza, Janumet and Januvia, there are actually important differences.

Even if the cases are centralized for pretrial proceedings, each case remains an individual lawsuit where the plaintiff must establish that they developed pancreatic cancer from side effects of one of the diabetes drugs and that the manufacturers are liable for failing to adequately warn about this risk.

The pancreatic cancer lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who are pursuing a case, and centralizing the litigation will provide certain benefits to all plaintiffs involved.

All of the lawsuits involve similar allegations that the manufacturers of Byetta, Victoza Janumet and Januvia knew or should have known about the pancreatic cancer risk and failed to adequately warn consumers or the medical community.

Through an MDL, plaintiffs will have access to many of the benefits of a class action action, avoiding duplicative discovery and conflicting rulings from different judges, while retaining the individual right to accept or reject any settlement offers and ultimately present their individual case to a jury.

Januvia, Janumet, Victoza and Byetta Class Action vs. MDL

Byetta, Januvia, Janumet and Victoza are all members of a class of diabetes drugs known as incretin mimetics, which were first introduced in 2005. Millions of Americans have used the drugs for treatment of type 2 diabetes, generating billions in sales for the drug makers. However, recently evidence has emerged to suggest that users face an increased risk of pancreatic cancer from Januvia, Janumet, Byetta and Victoza.

At this point, more than 50 product liability lawsuits have been filed in the federal court system by individuals who developed pancreatic cancer after using one or more of these medications. However, based on the number of patients who took these drugs, our lawyers expect there will ultimately be hundreds, if not thousands, of cases filed.

If the U.S. Judicial Panel on Multidistrict Litigation (JPML) decides to centralize the federal Byetta, Januvia, Janumet and Victoza pancreatic cancer litigation, the cases would be assigned to one judge. While the cases would be managed in a manner similar to how most expect a class action to be handled, each of the consolidated lawsuits would actually remain an individual claim.

Although much of the discovery would be for the benefit of all cases, and many of the rulings could apply to many cases, if a settlement or other resolution is not reached following pretrial proceedings, each lawsuit may be remanded back to the U.S. District Court where it was originally filed for an individual trial.

Unlike a class action lawsuit, where all claims are litigated through a class representative, each individual’s pancreatic cancer injury from Januvia, Janumet, Byetta or Victoza must be evaluated separately, as the impact will be different in each case.

Byetta, Victoza and Januvia Class Action Lawyers

The class action lawyers at Saiontz & Kirk, P.A. are providing free consultations and claim evaluations for individuals who believe that they or a family member may have developed pancreatic cancer from Byetta, Victoza, Januvia or Janumet. All cases are evaluated by our law firm on an individual basis, and given the time and attention necessary to ensure that our clients maximize their recovery.

To review a potential case and determine if financial compensation may be available, request a free consultation or claim evaluation.

]]> http://www.youhavealawyer.com/blog/2013/05/06/byetta-victoza-janumet-januvia-class-action/feed/ 0 http://www.youhavealawyer.com/blog/2013/05/06/byetta-victoza-janumet-januvia-class-action/ http://feedproxy.google.com/~r/youhavealawyer/~3/SRLXtzcQyF4/ http://www.youhavealawyer.com/blog/2013/04/26/pedestrian-accident-death-lawsuits/#comments Fri, 26 Apr 2013 16:34:57 +0000 Carl Saiontz http://www.youhavealawyer.com/?p=9437 Read more.]]> A new report by the CDC suggests that there could be an increase in pedestrian deaths from auto accidents in coming years, as the population in the United States continues to age, resulting in decreased resistance to injury and more foot traffic.  

In its Morbidity and Mortality Weekly Report (MMWR), the U.S. Centers for Disease Control and Prevention (CDC) indicates that persons age 75 and up are at a higher risk of dying as pedestrians involved in an accident than those who are younger.

The pedestrian death rate from traffic accidents is about 1.58 deaths per 100,000 population, according to the CDC. However, for men between the ages of 75-84 years old, the rate is 4.53, and for even older males it increases to 6.35. For women ages 75 to 84 the death rate was 2.43, much lower than for males, but still far higher than the population at large. That rate decreased for women ages 85 and older just slightly to 2.16.

The CDC reports that as of 2011, the population at or above the age of 75 in the U.S. was 18 million, or 6%. However, by 2040 that number is expected to increase to about 44 million, more than doubling.

According to the report:

“Studies of travel behavior have found that older adults take fewer walking trips and walk, on average, fewer miles per year than younger persons; however, when struck, older adult pedestrians are more likely than younger adults to die from their injuries. Higher prevalence of chronic disease, disability, and frailty among older adults might contribute to these higher case-fatality rates. In addition, age-related declines in cognitive functioning, vision, and physical functioning might place older adult pedestrians at greater risk for being struck by a vehicle.”

The report indicates that the World Health Organization (WHO) will release a new report on pedestrian safety in early May that will include strategies for reducing pedestrian deaths. The manual is expected to include strategies for:

• Traffic calming measures, like speed bumps
• Roadway engineering improvements,
• Installing or upgrading crosswalks
• Enforcing safe driving laws, like those dealing with distracted driving and speeding
• Creating pedestrian safety zones

Pedestrian Accident Lawyers

The personal injury lawyers at Saiontz & Kirk, P.A. represent individuals injured in pedestrian accidents throughout Maryland, Virginia, Pennsylvania and Washington, D.C.

To review a potential claim for yourself, a friend or family member who may have been injured as a pedestrian due to the negligence of an automobile driver, request a free consultation and claim evaluation.

]]> http://www.youhavealawyer.com/blog/2013/04/26/pedestrian-accident-death-lawsuits/feed/ 0 http://www.youhavealawyer.com/blog/2013/04/26/pedestrian-accident-death-lawsuits/ http://feedproxy.google.com/~r/youhavealawyer/~3/10_Z-C1qRTY/ http://www.youhavealawyer.com/blog/2013/04/25/depakote-autism-side-effects/#comments Thu, 25 Apr 2013 17:36:42 +0000 Harvey Kirk http://www.youhavealawyer.com/?p=9427 Read more.]]> The Depakote lawyers at Saiontz & Kirk, P.A. are reviewing lawsuits for families of children diagnosed with autism, developmental delay or severe birth defects following use of the epilepsy drug during pregnancy. This month, another study has been published providing further support for the link between side effects of Depakote and autism among children exposed to the medication before birth.

▸ Depakote Lawsuit

Depakote (valproate) is an epilepsy drug approved by the FDA in 1983 and manufactured by Abbott Laboratories. In recent years, use of Depakote during pregnancy has previously been linked to an increased risk of severe birth defects and malformations, including spina bifida, cleft palate, abnormal skull formations and other health problems.

Does Your Child Have Autism or Other Problems from Depakote?

REVIEW A CASE

Mounting evidence is now making it clear that children also face a risk of autism and developmental delay from Depakote during pregnancy.

In the latest study on this issue, which was published this month in the Journal of the American Medical Association (JAMA), suggests that the Depakote autism side effects may result in a three fold risk of children having a spectrum disorder later in life.

Danish researchers examined data on every child born in Denmark from 1996 to 2006, which involved about 6,56,000 children.

The study found that 4.4% of women who took Depakote while pregnant gave birth to a child who tested later in life on the autism spectrum. That compares to only 1.5% among the rest of the population.

According to conclusions highlighted by the researchers:

“Maternal use of valproate (Depakote) during pregnancy was associated with significantly increased risk of autism spectrum disorder and childhood autism in the offspring, even after adjusting for maternal epilepsy. For women of childbearing potential who use antiepileptic medications, these findings must be balanced against the treatment benefits for women who require valproate for epilepsy control.”

The study comes on the heels of data released earlier this year in the Lancet Neurology medical journal, which linked Depakote to developmental delays, including autism as well as cognitive impairment, reduced I.Q. and other mental problems.

Depakote Autism Lawsuits

The attorneys at Saiontz & Kirk, P.A. are reviewing potential lawsuits for families throughout the United States where a mother was given Depakote while pregnant and gave birth to a child who suffers from:

• Autism
• Cognitive Limitations
• Low I.Q.
• Developmental Delays
• Spina Bifida
• Cleft Palate or Cleft Lip
• Birth Defects or Malformations

Financial compensation may be available through a Depakote injury lawsuit as a result of the drug maker’s failure to adequately research the pregnancy risks and warn women about the problems their children may suffer if the epilepsy drug is used while pregnant. All claims are handled on a contingency fee basis, meaning there are no out-of-pocket expenses.

CONTACT OUR LAWYERS ABOUT A DEPAKOTE LAWSUIT

]]> http://www.youhavealawyer.com/blog/2013/04/25/depakote-autism-side-effects/feed/ 0 http://www.youhavealawyer.com/blog/2013/04/25/depakote-autism-side-effects/ http://feedproxy.google.com/~r/youhavealawyer/~3/vIKqTpgUYZ4/ http://www.youhavealawyer.com/blog/2013/04/18/lipitor-diabetes-risk-women/#comments Thu, 18 Apr 2013 13:53:49 +0000 Austin Kirk http://www.youhavealawyer.com/?p=9373 Read more.]]> The lawyers at Saiontz & Kirk, P.A. are pursuing Lipitor lawsuits over Pfizer’s failure to adequately warn about the diabetes risk associated with their blockbuster cholesterol drug.

At this time, claims primarily involve healthy women diagnosed with diabetes on Lipitor, with a BMI under 30, as there are serious questions about the effectiveness of the drug for women with a health body weight. If adequate information about the Lipitor diabetes risks had been provided, few such users would have elected to take Lipitor, and it appears that the potential benefits do not outweigh the risks.

▸ Contact A Lawyer About Diabetes from Lipitor

Lipitor (atorvastatin) is one of the most widely used medications in the world, generating billions of dollars in sales amid aggressive promotion by Pfizer, who has marketed the drug as a safe and effective prescription to lower cholesterol and help prevent the risk of developing heart disease.

Are You a Woman Diagnosed with Diabetes After Using Lipitor?

REVIEW A CASE

Most women using Lipitor agree to take the medication to promote a health lifestyle and they rely on representations made by Pfizer that Lipitor is safe and effective.

In recent years, a growing body of scientific research and studies have suggested that Lipitor actually is not safe or particularly effective for women with healthy BMI, due to the link between Lipitor and diabetes.

In February 2012, the FDA announced that new warning labels would be added about the risk of diabetes with Lipitor and other statins.

The FDA based these new warnings on information from a number of studies that have been available to Pfizer for years, suggesting that side effects of Lipitor increase levels of blood surgars, resulting in an increased risk of type 2 diabetes.

A study published in the Archives of Internal Medicine in January 2012 specifically focused on the diabetes risk for women using Lipitor and other other statins.

Researchers looked at data on more than 160,000 women who participated in the Women’s Health Initiative (WHI) between 1993 and 2005. Among women between the ages of 50 and 79, researchers found that 9.9% of women using Lipitor and other statins developed diabetes within nine years. This represented more than a 1/3rd increase in the risk of diabetes when compared to women not using Lipitor or another statin.

Several reports and studies have also raised concerns about the effectiveness of Lipitor, highlighting how Pfizer was able to build a widely used blockbuster medication by failing to warn about the Lipitor diabetes risk, especially for women.

According to a study published in JAMA Internal Medicine in February 2013, researchers highlighted how most doctors prescribe Lipitor and other statin cholesterol drugs to patients who have very low odds of actually developing heart disease. Based on responses to a survey sent to hundreds of doctors involving six fictitious patients, researchers indicated that 70% of those who responded indicated that they would have recommended Lipitor or another statin to patients that do not fit the profile of those who need them.

In comments made in a Reuter’s report issued at the time this study was published, researchers pointed out how misleading information provided in direct-to-consumer advertisements likely influence the rate of prescriptions for Lipitor and other statins. Many physicians report that they are under pressure from patients who see a television ad, and believe they need Lipitor or another medication to maintain their healthy lifestyle as they age.

As a result of aggressive promotion and withholding information about the risk of diabetes with Lipitor use by women, Pfizer generated more than $125 billion in sales before the medication became available as a generic in 2011.

Lipitor Diabetes Lawsuits for Women with Healthy BMI

Lipitor diabetes lawsuits are focused at this time on women with a low BMI, as it seems that this group receives no benefit from the medication.

BMI, or body mass index, is a formula for measuring health weight based off an individual’s weight in comparison to their health. A BMI between 18.5 and 24.9 is considered normal weight and a BMI between 25 and 29.9 is considered overweight. However, any BMI over 30 is considered obese.

Serious questions exist about the benefits of using Lipitor for women with a BMI under 30, especially in light of the increased diabetes risk which can severely impact their overall health, putting them at an increased risk for blindness, neuropathy, kidney disease and the heart disease they were actually trying to avoid.

A study published this month in BioMed Central’s journal BMC Medicine evaluated the risk of heart disease among women, finding that the risk of coronary heart disease increases with BMI, as well as age.

The Lipitor diabetes lawyers at Saiontz & Kirk, P.A. are providing free consultations and claim evaluations for women diagnosed with diabetes after using the popular drug. As a result of Pfizer’s decision to place their desire for profits before the safety of women using Lipitor, financial compensation may be available.

To review a potential diabetes lawsuit for yourself, a friend or family member, request a free consultation and claim evaluation.

]]> http://www.youhavealawyer.com/blog/2013/04/18/lipitor-diabetes-risk-women/feed/ 1 http://www.youhavealawyer.com/blog/2013/04/18/lipitor-diabetes-risk-women/ http://feedproxy.google.com/~r/youhavealawyer/~3/_6zvmcOC5FQ/ http://www.youhavealawyer.com/blog/2013/04/09/mirena-iud-migration-lawsuit-mdl-centralized-in-southern-district-of-new-york/#comments Tue, 09 Apr 2013 15:53:49 +0000 Austin Kirk http://www.youhavealawyer.com/?p=9347 Read more.]]> A federal multidistrict litigation, or MDL, has been established for all Mirena IUD lawsuits filed in U.S. District Courts throughout the country. All complaints filed throughout the federal court system involving allegations that the Mirena IUD migrated after insertion will be transferred to U.S. District Judge Cathy Seibel in the Southern District of New York for coordinated proceedings.

Following oral arguments heard last month in San Diego, the U.S. Judicial Panel on Multidistrict Litigation (JPML) issued an order establishing the Mirena MDL late yesterday.

Despite objections by Bayer Healthcare, which argued that the Mirena litigation should not be centralized before one judge, the Panel indicated:

While we agree that these actions present a number of individualized factual issues, the existence of such issues does not negate the common ones, including in particular, those concerning the alleged risk of perforation and migration posed by the product and the adequacy of the product’s warning label with respect to those risks. Almost all injury litigation involves questions of causation that are case- and plaintiff-specific. Such differences are not an impediment to centralization where common questions of fact predominate.”

There are currently only about 40 lawsuits involving Mirena IUD injuries pending throughout the federal court system. However, our product liability lawyers expect that there will ultimately be several thousand cases filed on behalf of women who experienced complications from Mirena IUD, including:

• Perforation of the Uterus
• Migration of the Mirena IUD to Other Parts of the Body
• Infection
• Surgical Removal of Mirena

Similar consolidation is also being considered in New Jersey state court, where more than 60 Mirena IUD lawsuits are currently pending.

While such centralized proceedings are often confused with a Mirena class action, there are important differences. Despite coordinated pretrial proceedings, each lawsuit remains an individual claim where the plaintiff’s lawyer must document the migration injury and establish that such problems could have been avoided if adequate warnings were provided.

The Mirena IUD injury lawyers at Saiontz & Kirk, P.A. are reviewing potential claims for individuals throughout the United States. All cases are handled under a contingency fee agreement, which means there are no Mirena attorney fees or expenses unless we win.

To review a potential claim for yourself, a friend or family member, request a free consultation and claim evaluation.

]]> http://www.youhavealawyer.com/blog/2013/04/09/mirena-iud-migration-lawsuit-mdl-centralized-in-southern-district-of-new-york/feed/ 0 http://www.youhavealawyer.com/blog/2013/04/09/mirena-iud-migration-lawsuit-mdl-centralized-in-southern-district-of-new-york/ http://feedproxy.google.com/~r/youhavealawyer/~3/ZdmS-T3KIcs/ http://www.youhavealawyer.com/blog/2013/04/08/transvaginal-surgical-mesh-risks/#comments Mon, 08 Apr 2013 21:02:03 +0000 Harvey Kirk http://www.youhavealawyer.com/?p=9328 Read more.]]> A recent report on PBS highlights the problems transvaginal mesh products are causing for many women throughout the U.S., detailing how these devices were introduced without clinical studies by exploiting the FDA’s 510(k) fast-track medical device approval process.

The lawyers at Saiontz & Kirk, P.A. represent women who are pursuing product liability lawsuits against the manufacturers for failing to adequately warn about the transvaginal surgical mesh risks. The March 22nd segment on “Need to Know” on PBS provides a clear example of the devastating and life-changing impact these products can have on a woman’s quality of life:

Watch Web extra: Coping with chronic pain on PBS. See more from Need To Know.

The episode presents the story of Linda Gross, a South Dakota mother and former nurse who was implanted with a Ethicon Gynecare Prolift vaginal mesh. She developed severe complications that required numerous surgeries, destroyed her ability to have intercourse with her husband, caused her to have to quit her job and left her permanently injured and in pain.

In February, a jury awarded Gross more than $11 million in compensatory and punitive damages after she filed a product liability lawsuit against Ethicon, a Johnson & Johnson subsidiary that manufactured the device. The case was one of the first complaints over transvaginal mesh to reach a jury, and a series of additional trials are scheduled in the federal transvaginal mesh litigation over the next 18 months, which may set the tone for eventual negotiations to settle vaginal mesh cases.

Other portions of the PBS program highlight the need for a new regulatory framework for the approval of medical devices. The show points out that some countries, like Australia, have registries for certain medical devices that track problems, allowing early warning when complications appear to be commonplace. Similar registries are in place in Europe.

In Australia, a hip implant registry noticed metal-on-metal hip replacement systems had a high failure rate and an alarming number of complications, leading doctors there to avoid using them years before doctors in the U.S. realized there was a problem, according to the program.

However, the medical device manufacturing industry is resisting any attempts to reform the 510(k) process or to require more stringent clinical testing of devices before they go to the market, claiming that such efforts at improved patient safety would choke innovation and drive costs up.

TRANSVAGINAL MESH LAWSUITS

For women who have suffered complications from transvaginal surgical mesh used to repair pelvic organ prolapse or stress urinary incontinence, financial compensation may be available as a result of the manufacturer’s failure to properly research their products or warn about the risk of problems.

The lawyers at Saiontz & Kirk, P.A. are reviewing individual lawsuits nationwide for women implanted with mesh products from:

• American Medical Systems
• Boston Scientific
• C.R. Bard
• Ethicon
• Coloplast
• Cook Medical

All cases are handled on a contingency fee basis, meaning there are no fees unless a recovery is obtained. If you, a friend or family member has suffered vaginal mesh complications, request a free consultation and claim evaluation.

CONTACT OUR LAWYERS ABOUT A TRANSVAGINAL MESH LAWSUIT

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