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Injured by a product subject to a recall or widespread safety concern? We can help.

The term “mass torts” generally refers to situations in which many lawsuits have been filed around the country due to the defective nature of a particular product.   Such cases are now routinely transferred to a single federal judicial district so that global discovery proceedings can be conducted on issues that are common to all cases. This sort of a proceeding is called a Multidistrict Litigation, or “MDL.” MDLs can now be found in federal judicial districts around the country. Because of the enormous costs associated with litigating products liability claims against these manufacturers, the use of MDLs is for most plaintiffs the only cost-effective of way of conducting discovery because it enables all the plaintiff attorneys in the MDL to pool resources during the discovery phases of their cases. It also gives the plaintiffs a forum in which to conduct global settlement negotiations. If a global settlement is not reached and an individual case is not otherwise resolved during the MDL period, the case is simply returned to its home district for trial.  Given the inherent advantages of MDLs, we usually focus our investigations on drugs and medical devices for which an MDL has been formed or will likely be formed soon. Although the statute of limitations period for filing product liability cases is typically longer than for medical negligence cases, it Is still important not to delay in discussing a potential claim with an attorney.

Mass tort cases which we are reviewing include:

  • Abbott Baby Formula Recall -- The U.S. Food and Drug Administration (FDA) is investigating consumer complaints of bacterial infections in four infants who consumed powdered infant formula produced in Abbott Nutrition’s facility in Sturgis, Michigan. All four infants had to be hospitalized and the bacterial infection may have contributed to death in two patients. The FDA has published a full list of recalled brands. Recalled products should no longer be available for sale. But if you have these products in your home, check the lot code on the bottom of the package to determine if they are included in the recall.  Click on the following link for more information from the FDA: https://www.fda.gov/consumers/powdered-infant-formula-recall-what-know.  If you believe that your child was injured by Abbott Baby Formula, please contact us to discuss your legal options.
  • Belviq (lorcaserin HCI) – Belviq and Belviq XR are weight loss drugs incorporating a drug called lorcaserin. The drugs are manufactured and marketed by Eisai Inc., a healthcare company with its U.S. headquarters in New Jersey. When the FDA initially approved lorcaserin for U.S. marketing in 2012, it required Eisai Inc. to conduct a randomized, double-blind, placebo-controlled clinical trial to evaluate the risk of heart-related problems. In this trial, which was conducted in approximately 12,000 participants over 5 years, more patients taking lorcaserin were diagnosed with cancer compared to patients taking a placebo. On January 14, 2020, the FDA alerted the public to the results, and indicated that while it could not conclude that lorcaserin contributes to the cancer risk, it wanted to make the public aware of this potential risk. On February 13, 2020, the FDA requested that the company voluntarily withdraw Belviq and Belviq XR from the U.S. market, and the company complied. On April 12, 2021, plaintiffs with individual cases around the country involving Belviq joined together to ask that an MDL be created in the Eastern District of Louisiana to conduct collective discovery proceedings for Belviq cases nationwide. On August 10, 2021, the United States Judicial Panel on Multidistrict Litigation declined to create an MDL, noting that at the time there were at most 20 lawsuits that had been filed. However, the individual lawsuits proceeded in their home jurisdictions. You should consult with an attorney if you previously were prescribed Belviq and have subsequently been diagnosed with breast cancer, lung cancer, colon cancer, colorectal cancer or pancreatic cancer.
  • Elmiron (Pentosan Polysulfate Sodium) – This drug, manufactured and marketed by Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals, is used to treat bladder pain and discomfort associated with interstitial cystitis (IC). In June 2020, Janssen added a warning for “retinal pigmentary changes”to the drug’s label. Visual symptoms in the reported cases include difficulty reading, slow adjustment to low or reduced light environments, and blurred vision. An MDL was initiated in the Southern District of New York in 2020 to conduct collective discovery proceedings for Elmiron cases nationwide.  As of June 8, 2022, 1041 cases alleging product liability claims relating to the use of Elmiron had been filed and served (915 federal and 126 in state courts).  The Judge overseeing the MDL has chosen the first few cases which will serve as bellwether trials. You should consult with an attorney if you previously were prescribed Elmiron and have subsequently developed vision problems.
  • Exactech Knee and Ankle Replacement -- In February 2022, Exactech, a company that manufactures knee and ankle replacement devices, issued a recall for their Optetrak, Truliant, and Vantage products after reports from consumers that the plastic inserts are defective, causing an elevated risk of device failure and health complications. According to the recall, their products were stored in vacuum-sealed bags that allowed oxygen to diffuse into the devices and warp them during storage and before being implanted in a patient. On June 14, 2022, a petition was filed requesting that the United States Judicial Panel on Multidistrict Litigationcreate an MDL for litigation involving Exactech’s failed and recalled polyethylene inserts in hips, knees, and ankles.If you received a total knee replacement or a total ankle replacement since 2010 with components or inserts manufactured by Exactech, you should contact your physician to determine if your device is affected by the recall.  If so, please also contact us to discuss your legal options.
  • Johnson & Johnson Baby Powder - Johnson & Johnson baby power is a talc-based powder that has been in widespread use around the world for decades. However, internal Johnson & Johnson documents reportedly reveal that since as far back as the late 1950’s, the company has been aware that the powder has sometimes tested positive for contaminants which were either determined to be asbestos or were described in terms typically applied to asbestos. While most people exposed to asbestos never develop cancer, even small amounts of asbestos can reportedly be enough to cause cancer to develop years later. In 2019, Johnson & Johnson instituted a voluntary recall of a single lot of its Johnson’s Baby Powder (33,000 bottles) in response to an FDA test indicating the presence of sub-trace levels of chrysotile asbestos contamination in samples from a single bottle purchased from an online retailer. There are currently thousands of pending lawsuits against Johnson & Johnson by plaintiffs claiming that they have been injured by the product. A 2018 Missouri trial returned a multi-billion verdict. The remaining cases have been assigned to an MDL in the District of New Jersey, which has had jurisdiction over the matter since 2016. In early 2022, a federal bankruptcy judge approved a plan by Johnson & Johnson to transfer liability for talcum powder claims to a spin-off entity with only $2 billion in assets, after which the spin-off entity would file for bankruptcy. That decision is being appealed.  If you believe that you may have contracted cancer from exposure to Johnson & Johnson baby powder, you should consult with an attorney.
  • JUUL e-cigarettes and vaporpods -- JUUL Labs, the makers of JUUL e-cigarettes and vapor pods, are facing lawsuits alleging that they didn’t adequately warn users of the risks associated with using their products. JUUL markets its products as a safer alternative to regular cigarettes, but they still contain nicotine. In fact, JUUL products contain significantly more nicotine than their leading competitors—and nicotine is an addictive and potentially seriously harmful substance. Nicotine can be harmful to anyone at any age, but it has been shown to be significantly more harmful to children and teens, who are also much more likely to become addicted to it.  JUUL has been accused of not doing enough to warn users of these risks, and it may have even directly marketed to children and teens. On October 2, 2019, cases around the country were assigned to an MDL in the Northern District of California. The Transfer Order indicated that the transferred actions involve allegations that JLI has marketed its JUUL nicotine delivery products in a manner designed to attract minors, that JLI’s marketing misrepresents or omits that JUUL products are more potent and addictive than cigarettes, that JUUL products are defective and unreasonably dangerous due to their attractiveness to minors, and that JLI promotes nicotine addiction.  The actions include both putative class actions and individual personal injury cases.If you or a loved one became addicted to nicotine after using a JUUL vape while still a minor, you may be eligible for compensation.  At this time, we are only considering potential claims of JUUL users who became addicted before they turned 18.
  • Paraquat (gramoxone) – Paraquat, also known as Gramoxone, is a herbicide marketed by Syngenta that is widely used by farmers in the production of crops, including corn, soy, cotton, peanuts, wheat, almonds, strawberries, grapes, sweet potatoes, and others. Its use has doubled over the past decade and is expected to grow due to its effectiveness on “superweeds” that have developed resistance to glyphosate (i.e. Roundup). It can also be used for the desiccation of crops, such as cotton, prior to harvest. In total, farmers apply more than 10 million pounds of paraquat each year.  Scientists have long known that paraquat is toxic. Paraquat is so toxic, in fact, that a single sip of the herbicide can kill an adult. But in recent years, evidence has accumulated showing that repeated exposure to paraquat in low doses may be linked to the development of Parkinson’s disease. According to one study, exposure to paraquat increases the risk of Parkinson’s by 150 percent. Plaintiffs across the country have filed lawsuits claiming that they were diagnosed with Parkinson’s disease and that Syngenta’s herbicide Paraquat, is to blame. On June 8, 2021, an MDL was initiated in the Southern District of Illinois to consolidate all the cases for pre-trial proceedings.The first bellwether trial was scheduled for November 15, 2022. If you suffer from Parkinson’s after exposure to Paraquat as a farmer or licensed pesticide applicator, you may be able to file a lawsuit. A successful lawsuit can provide compensation for medical bills, lost income, pain and suffering, and other losses or hardships.
  • Philips CPAP and Sleep Apnea Machines -- Many people who suffer from sleep apnea used a device from Philips Respironics.  Philips recalled millions of CPAP and other sleep apnea machines because many users were breathing toxic foam caused by a defect with their machines. Ingesting this toxic foam can cause cancer and other major health problems. Aside from causing cancer, many users also reported headaches, upper airway irritations, coughing, chest pressure, sinus infections, asthma, damage to their liver and kidneys, nausea, vomiting, and increased breathing problems. There are claims that users had been complaining about the issues for many years, but Philips didn’t issue a public warning until April 2021. It was two months later, on June 14, 2021, before Philips recalled the devices.The same month, June 2021, a class-action lawsuit was filed against Philips in Massachusetts. Later that year, on October 8, 2021, pending cases were consolidated for pre-trial proceedings in an MDL in the Western District of Pennsylvania.  If you believe you have been injured from a Philips CPAP or sleep apnea device, you should contact an attorney.
  • Toxic Baby Formula -- Necrotizing enterocolitis is a digestive disease that occurs primarily in premature infants and can cause inflammation of the intestinal lining, which can lead to serious infections. In such cases, the inflamed intestinal wall is eventually eroded away, which allows bacteria to enter the intestinal tract and jeopardize the health of the infant. Recent evidence suggests that some brands of baby formula can cause infants to develop necrotizing enterocolitis. To make matters worse, some of the manufacturers of baby formula, Abbott Laboratories, and Mead Johnson & Company, never added a warning label to their product, potentially causing unsuspecting parents to put their children at risk. Multiple lawsuits have been filed by parents after their children developed necrotizing enterocolitis after using either Similac or Enfamil baby formula. On February 17, 2022, pending cases against Abbott Laboratories and Mead Johnson & Company were consolidated for pre-trial proceedings in an MDLin the Northern District of Illinois. If you believe your child has been injured by toxic baby formula, you should contact an attorney.

We can be reached online or by phone at (386) 258-1622.

Contact our firm at (386) 258-1622 to discuss your case with one of our Daytona Beach defective drug and products liability lawyers. We serve clients throughout Volusia County.

Multi-Million Dollar Victories

Allowing Our Clients to Recover
  • $10,278,620 Verdict Workplace Injury
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  • $2,900,000 Verdict Medical Negligence
  • $1,505,820 Arbitration Verdict Medical Negligence
  • $1,400,000 Settlement Trucking Collision
  • $1,250,000 Settlement Product Liability
  • $1,057,385 Verdict Medical Negligence
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