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News & Views

Written by Jewish Lawyer on . Posted in Of Interest

Multi District Litigation News

Vaginal mesh Updates

On February 7, 2012 the U.S. Judicial Panel on Multidistrict litigation (JPML) issued an order consolidating 3 vaginal mesh multidistrict litigations into a single proceeding to be heard in the Southern District of West Virginia. The order consolidated MDL’s against three manufacturers – Boston Scientific Corp. (MDL No. 2326), American Medical Systems (MDL No. 2325), and Johnson & Johnson’s Ethicon (MDL No. 2327); all of whom manufacture a number of different kinds of vaginal mesh that tend to produce similar injuries and complications.

Multidistrict litigation is an option that provides efficiency in litigation when handling numerous lawsuits by different plaintiffs against a defendant or group of defendants in various districts. Unlike class actions, MDL’s allow for plaintiff’s to maintain their individual causes of action while consolidating pretrial disclosures and eliminating inconsistent pretrial rulings by multiple judges. In consolidating the above mentioned MDL’s the JPML noted their decision “conserves the resources of the parties, their counsel, and the judiciary.”

The JPML further reasoned the consolidation was proper because “actions in each MDL share factual issues arising from allegations of defects in pelvic surgical mesh products manufactured by AMS, Boston Scientific, and Ethicon, respectively”…“a number of these actions are brought by plaintiffs who were implanted with multiple products made by multiple manufacturers. Centralization of the three MDLs in one court will allow for coordination of any overlapping issues of fact in such multi-product, multi-defendant actions.”

The newly consolidated MDL will take place before Judge Joseph R. Goodwin, who is familiar with vaginal mesh MDL’s because he is currently presiding over a similar action against C.R. Bard that was established in 2010.

DePuy Hip Replacement Multi District Litigation Update

a series of depositions of DePuy Orthopaedic executives as well as one of the developers of the ASR hip replacement system were recently noticed in In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation ("MDL No. 2197"), which is currently underway in the U.S. District Court for the Northern District of Ohio.* In addition to the deposition of Dr. Thomas Schmalzried, who developed the ASR hip system, several DePuy executives were noticed, including: the Manager of Hip Product Development, the Vice-President of U.S. Sales, the Vice-President of World Marketing, and the Product Director. These depositions are scheduled to take place between March and May 2012.   

These upcoming depositions will cover a range of topics including: the design, sale, promotion and marketing of the ASR hip implants, as well as communications relating to complications, post market surveillance and recall of the devices. The DePuy executives have also been asked to produce documents, notes, outlines, presentation materials, testimonies and oral proposals prepared or given to them that reference or relate to the ASR hip systems.

On March 5, 2012, the Honorable David A. Katz, who is presiding over the consolidated litigation, vacated a status conference scheduled for March 15, 2012. According to the order, the conference was vacated because "discovery is proceeding apace which negates the necessity

Actos litigation Update

Actos (Pioglitazone) is a drug used for patients who have type 2 diabetes to aid in controlling the level of glucose (sugar) in the blood stream.

In 2010, more than 2 million patients were taking Actos with no warning of its risk of causing cancer. *1 In one study involving 193,000 patients taking Actos for an average of 2 years, their risk of bladder cancer increased 40% compared to if they had never been exposed to the drug. *2

Multi District Litigation (MDL), allows that all preliminary parts and discoveries relating to the case will be held in one court. This provides the court with all necessary information for background of all of the lawsuits being filed. Pretrial proceedings were assigned to the Honorable Rebecca F. Doherty of the United States District Court for the Western District of Louisiana. This court will handle all pretrial issues regarding Actos bladder cancer litigation in federal court. The Actos litigation case is known as “In Re:Actos (Pioglitazone) Products Liability Litigation Case No 6:11-md- 2299”

Update on Durom Cup Metal on Metal Hip replacements

As reported on BBC on February 28th 2012, the British Medicines and Healthcare products Regulatory Agency (MHRA) advised that patients who have undergone large head metal-on-metal hip replacements should be monitored annually for life. In July 2008 hip replacement components made by Zimmer Holdings, Inc. were recalled after it was learned that the surgical parts did not work properly, forcing many patients to undergo painful and costly additional surgeries to correct the defect. The Zimmer Durom Cup is an artificial hip component widely used in hip replacement surgeries in the US since 2006. On June 9, 2010, the United States Judicial Panel on Multidistrict Litigation issued an order approving centralization of products liability cases involving the Zimmer Durom Cup hip device. The MDL 2158, D. N.J. was centralized in the District of New Jersey and was assigned to the Honorable Susan D. Wigenton.

Propecia and Zoloft Dangerous Drug Lawsuits to be Centralized

At its upcoming March 29th hearing session in San Diego, the United States Judicial Panel on Multidistrict Litigation will consider two separate petitions for the centralization  of propecia and Zoloft

The petition regarding Propecia was filed by plaintiff Christopher Masefield and asks for the centralization of almost a dozen federal lawsuits involving the hair loss drug. Merck, the maker of the drug, has been the subject of lawsuits in various federal districts that allege the drug failed to adequately warn of possibly irreversible male sexual dysfunction, clinical depression, and male breast cancer that the drug may cause.

The Panel will also consider a petition regarding the coordination of lawsuits being levied against Pfizer’s antidepressant drug ZoloftThe petition asks for a number of pending federal lawsuits involving  birth injuroesallegedly caused by the antidepressant drug to be transferred to the Southern District of New York, where the pharma company is based.

In addition to being linked to birth defects Zoloft has also been linked to anxiety, panic attacks, depression, and suicidal thoughts in some users.

CooperVision Avaira® Contact Lens Recall

We have initiated a recall of a limited number of Avaira Toric and Avaira Sphere contact lenses after discovering reports of wearers experiencing hazy vision and discomfort. Some patients reported severe eye pain or eye injuries requiring medical treatment. Not everyone experiences the same symptoms.

If you experience hazy vision or unusual discomfort with your Avaira lenses, please remove your lenses immediately and contact your eye care practitioner. You can check to see if your lenses are part of the limited recall by checking the lot number as indicated below. If your lenses are affected even if you’re not experiencing symptoms please contact your eye care

Laywers accepting clients injured by these products.

Please Note: Mesh implant must be prior to 2001. Hip replacements must have had revsion surgery or told you need revision surgery, Actos litigation is for  bladder cancer victims only.



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