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  • CALIFORNIA WOMAN BRINGS TRANSVAGINAL MESH CASE AGAINST BOSTON SCIENTIFIC CORP.

    A California woman sues Boston Scientific Corp. after receiving a defective transvaginal mesh implant. The woman alleges serious damages associated with the medical device’s failure. Many women in California experience a condition called "pelvic organ prolapsed," which happens when the muscles and tissues that support a woman's pelvic organs weaken and the organs slip out of place. Surgeons used ...
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  • DRUGMAKER MERCK TO PAY $1 BILLION IN FINES FOR MISMARKETING VIOXX

    The U.S. pharmaceutical company Merck, Sharp & Dohme will pay $1 billion for endangering patients through mismarketing of the painkiller Vioxx Many individuals in California and around the country are harmed by pharmaceuticals every year. A pharmaceutical can harm a person for a variety of reasons. Some defective pharmaceuticals are inadequately tested before they go to market and other drugs work ...
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  • CLASS ACTION LAWSUIT FILED AGAINST MANUFACTURER OF DEFECTIVE HEARING AID IMPLANTS

    A class action lawsuit was recently filed against Cochlear Limited, an Australian company that allegedly sold defective hearing aid implants. The father of a deaf girl recently filed a class action lawsuit against Australian medical device company Cochlear Limited. The American father alleges that his daughter's hearing implant failed and that his family suffered a variety of hardships due to ...
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  • GRANUFLO DIALYSIS SOLUTION LINKED TO HEART ATTACK DEATHS

    Federal safety regulators have launched an investigation into whether Fresenius Medical Care hid the deadly side effects associated with its dialysis solution called GranuFlo. Use of GranuFlo has been linked to a significant increase in heart attacks and deaths in patients that have undergone dialysis. The New York Times reports that patients receiving GranuFlo were up to six times more likely to ...
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  • CALIFORNIA WOMAN PREVAILS IN CHOICE OF LAW ARGUMENT AGAINST DRUGMAKER

    A California woman who developed a severe jawbone disease after taking Zometa recently prevailed in a choice of law argument concerning punitive damages. Punitive damages are sometimes awarded in defective pharmaceuticals cases. Punitive damages are money awards typically intended to financially punish a pharmaceutical company for the damage caused by its defective drugs and to deter the company ...
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  • CALIFORNIA COURT DISMISSES PARENTS' 'FAILURE TO WARN' PHARMACEUTICAL LIABILITY CASE

    The parents of a deceased patient failed to state a “failure to warn” claim against drugmakers that adequately warned a physician of potential drug side effects Many defective pharmaceuticals cases are filed in San Francisco and throughout California every year. Many involve "failure to warn" claims in which patients allege that drugmakers failed to warn them of all the potential risks associated ...
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  • PARENTS SUE BARR LABORATORIES INC. FOLLOWING DAUGHTER'S DEATH

    Prescription drugmaker Barr Laboratories Inc. was recently sued by the parents of a California woman who died after taking an oral contraceptive. The parents' defective drug claim alleged that their daughter died after taking Kariva, a birth control pill. The woman allegedly developed a blood clot that led to a fatal pulmonary embolism during a trip to India. The lawsuit filed by her parents ...
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  • COURT FINDS THAT STATE LAW CLAIMS REGARDING A DEFECTIVE HIP IMPLANT ARE NOT PRE-EMPTED

    A federal appeals court recently found that a man who received a defective hip implant can move forward with his defective manufacturing-based state law claims. Hip implants are one of the most common types of medical devices sold. Unfortunately, hip implant failure is common and often provides the basis for defective medical device lawsuits. One of the most recent defective medical device ...
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  • WOMAN SUES W.L. GORE FOR DEFECTIVE MESH IMPLANT

    Female genital prolapse is a common problem that can occur for a variety of reasons. The collapse of the pelvic floor during childbirth is the most typical cause of genital prolapse, but forms of the condition can also occur after a hysterectomy and due to hormonal problems. Transvaginal mesh implants are a treatment option for genital prolapse that has proven to be highly problematic. Vaginal ...
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  • COURT FINDS STRYKER MEDICAL DEVICE MANUFACTURING DEFECT CLAIM ADEQUATELY PLED

    There are three product liability theories under California law: manufacturing defect, product design defect and failure to warn. One recent failure to warn and negligence case was brought against Stryker Corp. and Howmedica Osteonics Corp. The lawsuit was brought by a patient who received a femoral endoprosthesis implant in 1994, when he was 15 years old. The patient's left femur was removed due ...
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  • J&J STUDY INDICATES SHOCKING FAILURE RATES IN DEPUY ALL-METAL HIP IMPLANTS

    An internal study done by Johnson & Johnson estimates that the company's all-metal implants have a 37 percent five-year failure rate, according to court documents recently made public. This means that all-metal hip implants are more than seven times more dangerous than traditional hip implants made of metal and plastic. Thousands of Californians have received all-metal hip implants manufactured by ...
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  • MEDTRONIC FACES LAWSUITS RELATED TO DEFECTIVE AND MISMARKETED MEDICAL DEVICES

    Medtronic Inc. faces several product liability lawsuits alleging defective and illegally marketed medical devices. Medtronic Inc. recently agreed to an $85 million settlement with shareholders based on claims that the medical device company's executives lied about the profitability of Medtronic's INFUSE bone graft product. Although Medtronic settled the securities fraud lawsuit, company officials ...
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  • DIABETES DRUG ACTOS LINKED TO BLADDER CANCER

    The safety of the oral diabetes drug Actos has been increasingly questioned as research has linked the drug to bladder cancer. Pharmaceutical product liability litigation surrounding Actos jumped markedly in the past few years as more patients began developing bladder cancer and other serious side effects. Actos, also known as pioglitazone, was introduced to the U.S. market by Takeda ...
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  • FDA CONTINUES TO INVESTIGATE FUNGAL MENINGITIS OUTBREAK

    The federal investigation into a Massachusetts-based pharmacy has widened as more of its products have been found to be contaminated with bacteria. The New England Compounding Center (NECC) is the specialty pharmacy blamed for a national outbreak of fungal meningitis, which has sickened more than 430 and killed dozens. The fungal meningitis outbreak is linked to the NECC's preservative-free ...
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  • GLAXOSMITHKLINE POSTS DECREASING PROFITS AMID TANKING AVANDIA SALES

    Pharmaceutical giant GlaxoSmithKline posted declining third-quarter profits amid the European financial slowdown and tanking sales of its drug Avandia. Avandia, also known as rosiglitazone, is a diabetes drug that works as an insulin sensitizer. Sales of Avandia peaked around 2006, when it brought in billions for GSK, but reports of serious adverse side effects caused sales to plummet in following ...
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  • FAMILY AWARDED $97,000 FOR CHILDREN'S MOTRIN DEATH

    A San Francisco jury recently awarded a family $97,000 after their 5-year-old daughter died after being given Children's Motrin, a popular child's cold medicine. The parents said that they bought Children's Motrin from a local Wal-Mart and gave it to their daughter in accordance with the cold medicine directions. The girl's condition quickly deteriorated and she was hospitalized. She was ...
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  • COURT UPHOLDS WOMAN'S $21M AWARD AGAINST DRUGMAKER

    A federal appeals court recently upheld a $21.06 million jury award in a pharmaceutical product liability case. The case was brought by a woman who suffered severe personal injuries after experiencing an allergic reaction to sulindac, a generic nonsteroidal anti-inflammatory drug (NSAID). The woman received a prescription for sulindac for shoulder pain in December 2004. She developed a ...
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  • U.S. SUPREME COURT RE-AFFIRMS ITS HOLDING IN MENSING

    On June 24, 2013, the United States Supreme Court issued a decision that further forecloses remedies for people injured by generic pharmaceutical drugs. In a five-to-four decision in a case titled Mutual Pharmaceutical v. Bartlett , 133 S. Ct. 2466 (U.S. 2013) (" Bartlett "), the Supreme Court ruled that "state-law design-defect claims that turn on the adequacy of a drug's warnings are pre-empted ...
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  • 2013 AUSTRALIAN AND UK JOINT REPLACEMENT REGISTRY REPORTS: CONTINUING INCREASE IN FAILURE RATES FOR HIP METAL-ON-METAL IMPLANTS, ESPECIALLY DEPUY'S ASR AND ASR XL

    The recently published reports from the National Joint Registry for England and Wales (UK NJR) and the Australian National Joint Replacement Registry (NJRR) reveal increasing failure rates and other significant safety issues affecting all metal-on-metal hip replacements (MOMs). The increase in the failure rates is particularly striking for the DePuy's ASR XL and ASR resurfacing devices. I. ASR XL ...
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  • NICE GUIDANCE HALVES THE ACCEPTABLE REVISION RATES FOR HIP DEVICES

    The National Institute for Health and Care Excellence (NICE) has issued new draft guidelines for the use and expected performance of hip replacement devices. According to the NICE's proposed guidance, such devices will be "recommended as treatment options... only if [they have] a rate (or projected rate) of revision of less than 5% at 10 years." The new guidance will decrease the acceptable ...
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  • FDA EXPERT PANEL RECOMMENDS ADDITIONAL SAFETY STUDIES TO ASSESS CARDIOVASCULAR RISKS WITH TESTOSTERONE THERAPY

    September 17, 2014 - An FDA advisory panel consisting of the Bone, Reproductive and Urologic Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee issued a recommendation regarding the intended use and the potential adverse cardiovascular effects of testosterone therapy. The FDA advisory panel made a strong recommendation to significantly limit the uses of ...
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  • FDA ISSUES AN UPDATED SAFETY COMMUNICATION AND INDUSTRY GUIDANCE ABOUT THE RISKS OF LAPAROSCOPIC POWER MORCELLATORS

    November 24, 2014 - The FDA issued a major update to its safety communication from April 17, 2014, warning against the use of laparoscopic power morcellators (LPMs) for hysterectomies and myomectomies "in the vast majority of women." FDA's decision to update its safety communication was prompted by the significant risk of cancer tissue spread "within the abdomen and pelvis" associated with LPMs ...
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  • FDA REQUIRES TESTOSTERONE LABELING TO WARN ABOUT INCREASED CARDIOVASCULAR RISK

    March 3, 2015 - FDA issued an update to its 2014 Drug Safety Communication, requiring all manufacturers of testosterone products to revise their labels with warnings "about a possible increased risk of heart attacks and strokes..." The updated Safety Communication further cautions that neither the safety, nor the benefit of Low T drugs has "been established for the treatment of low testosterone ...
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  • NAVY SERVICEMAN'S $32M MESOTHELIOMA VERDICT GOES TO APPELLATE STAGE

    A former Navy serviceman's $32 million asbestos product liability jury award was recently reduced by a New York judge. The veteran alleged that he developed mesothelioma after he was exposed to a variety of asbestos-containing products, including replacement parts for valves manufactured by the Crane Co., during his 17 years of service on Navy ships. A jury found that the valve manufacturer acted ...
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  • RETIRED DECKHAND AWARDED $1.45 MILLION IN MESOTHELIOMA CASE

    An 85-year-old retired ship deckhand recently won a $1.45 million verdict against a ship owner in a mesothelioma lawsuit. The deckhand worked aboard the SS Seattle in 1966 for 67 days, during which he was exposed to asbestos fibers. The deckhand continued to work on ships for decades and eventually retired to a quiet life of gardening and playing musical instruments with his wife. It was in ...
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