Mass Tort Litigation
oldfinch Winslow Attorneys and Counselors at Law support the individual citizen as well as businesses and corporations. Often there are cases in which good people become harmed by someone or something through no fault of their own. When a large brand, manufacturer, company, or product causes injury or distress to others, a mass tort case may be created.
Mass tort litigation is made of civil actions that involve multiple plaintiffs against one or more corporate defendants in federal or state court. There are three top categories of mass torts which are: mass disaster torts, mass toxic torts, and product liability torts.
Federal courts in the United States often hear mass tort claims consolidated as multi-district litigation. Many cases of mass tort are addressed through class action lawsuits.
While every drug and product liability case is unique – and any compensation available to the injured is determined by the circumstances of the claim – Goldfinch Winslow, LLC can help victims pursue compensation for pain and suffering, funeral expenses (in the case of a wrongful death case), medical bills, lost wages, and decreased earning ability.
While we cannot promise specific monetary compensation, we will discuss all of the possibilities you may have during the initial consultation. Goldfinch Winslow, LLC will develop a strategy for each case and advise clients regarding the costs and benefits of various approaches.
Actos Bladder Cancer
There are safety concerns regarding the use of Actos. Actos is a prescription medicine meant to treat type 2 diabetes, however, patients that have taken the drug for over a year have a 40% increased risk of developing bladder cancer. Side effects that can occur with the drug include: decreased urination, difficulty breathing, expanded veins in the neck, irregular heartbeat, overwhelming fatigue, pain in chest, swollen extremities or face, and unexplained weight gain.
Actos, manufactured by Takeda and approved by the FDA, has been under investigation since 2010 and the FDA issued a warning in 2011. German and French drug regulators have already suspended any use of the drug in their countries. There are as many as 100 lawsuits relating to the drug Actos in the federal courts. Many have been grouped as a multi-district litigation within the Western District of Louisiana, presided over by the Honorable Judge Rebecca Doherty.
If you or someone close to you was prescribed Actos and developed bladder cancer, contact Goldfinch Winslow, LLC to learn how we can help you with your potential case.
If you or a loved one were prescribed Botox (manufactured by Allergan) or Myobloc botulinum toxin (from Solstice Neurosciences) and suffered paralysis or other serious systemic reactions, contact the law offices of Goldfinch Winslow, LLC today.The use of Botox injections has contributed to the hospitalization of eighty- seven and the deaths of at least sixteen people from 1997 to 2006. There were 658 cases cited of adverse effects over the nine year period. It should also be noted that the cases were only those that were voluntarily reported, and it is estimated that they only accounted for as little as just ten percent of all the actual occurrences. Only one of the fatalities had been associated with an actual cosmetic procedure.
Typically prescribed or used for the treatment of wrinkles, Botox (and Myobloc) are also prescribed to treat certain muscle spasms and tremors. Sadly, it can cause side-effects such as paralysis similar to stroke.
In 2007, a federal court jury in Virginia ordered Allergan to pay $212 million dollars to a man in his late sixties who developed permanent brain damage after he was treated for tremors and cramping in his hand. The finding was that Allergan had failed to provide sufficient warning that the injections could cause autoimmune reactions that can lead to brain damage.
A leading health advocacy group started by Ralph Nader, Public Citizen, called for a “black box” warning to be included with Botox injections. In 2008, they petitioned the government to instruct the manufacturers of Botox and Myobloc to advise doctors and patients written warnings to disclose the possible adverse side-effects to include partial paralysis that can lead to difficulty in swallowing – causing food and liquids to enter the respiratory tract and lungs and resulting in aspiration pneumonia.
The U.S. Food and Drug Administration (FDA) announced that it would undertake a safety review of Botox and Myobloc. However, the Botox injections were used for a variety of treatments and not necessarily those actually intended for the drug. These include injections to treat limb spasticity in children with cerebral palsy, to treat crossed eyes or spasmodic eye blinking, to treat ailments such as cervical dystonia, and even excessive underarm perspiration.
The early signs of Botox or Myobloc negative side-effects begin with difficulty breathing or swallowing, and a dry mouth. Be aware of your patient and consumer rights if you have been prescribed this treatment. Call Goldfinch Winslow, LLC if you would like to discuss your options concerning Botox or Myobloc with a qualified attorney.
Da Vinci Robotic Hysterectomy and Prostatectomy Safety Issues
The da Vinci surgical robot is a modern and efficient method of performing many minimally invasive surgical procedures. Hysterectomies and prostatectomies have been performed with the device and were initially found to less invasive and promote a faster healing period with less pain, less bleeding, less scarring, and shorter hospital stays.
However, often in reality it is the robotically-assisted surgery that is more expensive and more time intensive than traditional types of uterine or prostate surgery. It has also been found that problems with the da Vinci surgical robot include defective components and tools that can cause tissue burns, punctures, electrocution, and tools being left inside of patients after surgery.
If you or someone you know has been hurt or injured by the da Vinci surgical robot, contact Goldfinch Winslow, LLC as soon as possible.
DePuy Pinnacle Hip Recall
DePuy, a subsidiary of the Johnson & Johnson Company, reportedly set aside over $2.5 billion dollars for settlement of claims stemming from the hip recall, however, the plaintiff’s hip revision surgery must have been done before August 31st, 2013.The history of DePuy’s ASR XL product leads to further concerns that the recall replacement, called the Pinnacle, may also have design defects. The law firm of Goldfinch Winslow is assessing the potential of additional DePuy Pinnacle hip implant lawsuits and personal injury cases.
Patients complained that the Pinnacle implant would become loose and cause serious pain, requiring an entire surgical replacement. Unfortunately, many of these patients have also found that the replacement hip could also cause pain, swelling, and restricted movement.
Lawsuits claim that DePuy released and sold a defective Pinnacle hip implant and that the manufacturing company failed to warn patients or recall the parts even after the knowledge that the devices were designed poorly and possessed flaws. In just 2010, DePuy had recalled several of their hip implant devices and the DePuy Pinnacle Acetabular Cup System was not part of that recall – but many product liability attorneys and personal injury lawyers believe that another recall will need to happen eventually.
Part of the part’s flaws include the release of metal particles around some of the implants – which according to the FDA, could cause damage to the patient’s bone or tissues that surround the joint and implanted part. Subsequently, the FDA has begun to require that metal against metal hip device makers must evaluate whether their implants raise the level of metal in a patients’ blood to an unhealthy amount that can affect the heart, nervous system, and thyroid gland.
If you or someone you love has had surgery to be implanted with a DePuy Pinnacle hip, obtain a physician’s evaluation and contact our law offices. Any pain or discomfort experienced, as well as any costs of related disability or corrective surgery may qualify as a settlement or compensation in court.
Our product liability attorneys and personal injury lawyers understand South Carolina law and are committed to helping you secure fair compensation for any injuries relating to a DePuy Pinnacle Hip. Call Goldfinch Winslow, LLC today for a free consultation with one of our personal injury attorneys.
Fosamax Bone Cancers and Fractures
Goldfinch Winslow is accepting clients that have been patients and families negatively affected or harmed by the drug Fosamax. Fosamax is a prescription drug containing bisphosphonate that is produced by the Merck. Reports have linked Fosamax to sudden femur fractures and conditions of a disease that causes bones in the jaw to deteriorate or die, as well as femur fractures.
Sold as a leading osteoporosis drug, Fosamax was prescribed for building bone mass and strengthening bones but has been linked to femur fractures and bone disease in patients taking the medication. Other serious side effects associated with Fosamax have been corrosion of the temporomandibular joint in the jaw (TMJ), ulcers in the esophagus, visual disturbances, auditory hallucinations, and skin rashes.
According to a Reuters’ article in 2013, “Merck & Co Inc said on Monday that it was prepared to pay $27.7 million to settle lawsuits by hundreds of people who sued the company over allegations that its osteoporosis drug Fosamax caused bones in the jaw to deteriorate.” The article continued with “Merck, which confirmed the agreement later on Monday, said the accord requires a 100 percent participation rate and evidence that the claimants satisfy eligibility requirements. The deal covers about 1,200 people, the company said. “We hope to bring this to a successful conclusion,” Paul Strain, a lawyer for Merck, said at the hearing in U.S. District Court in Manhattan before Judge John Keenan, who has presided over federal litigation by plaintiffs claiming that they developed osteonecrosis of the jaw from taking Fosamax.”
While any settlement would have to be approved by a judge, the lawyers for Merck and several plaintiffs disclosed the proposed settlement at a court hearing in New York to resolve over 1100 lawsuits that were pending in state and federal courts. Merck had said in a previous statement that the settlement did not cover the 4,115 lawsuits the company continues to face by people claiming to have sustained femur fractures or other bone injuries due to taking Fosamax. (The case is In Re Fosamax Products Liability Litigation, U.S. District Court, Southern District of New York, No. 06-md-01789.)
If you or a loved one has been injured or affected by Fosamax, contact Goldfinch Winslow, LLC, today for a free consultation. We represent many cases in South Carolina as well as clients from throughout the country as well.