Multinational pharmaceutical conglomerate Johnson & Johnson has agreed to settle a chunk of lawsuits filed over its type 2 diabetes drug Invokana. One of several SGLT-2 inhibitors to hit the market in recent years, Invokana has been linked to an increased risk of foot and lower limb amputations, diabetic ketoacidosis, and acute kidney injury.
For more details on Invokana, see our dedicated page brought to you by Banville Law.
In court filings on October 16, 2018, attorney Michael London of New York-based firm Douglas & London, P.C. asked a New Jersey federal court to establish a qualified settlement fund to administer the settlement of certain claims against Johnson & Johnson and subsidiary Janssen Pharmaceuticals. London serves as co-lead plaintiffs' counsel in the multidistrict litigation, as well as representing his own slate of clients.
Nearly 1,200 Invokana lawsuits are currently pending as a consolidated litigation in the US District Court of New Jersey. Court dockets show that Michael London represents 142 plaintiffs in the multidistrict litigation. It is believed that the recent settlement will resolve all of London's cases. It is unlikely to affect the other cases.
London's court filing reports that defendants Johnson & Johnson and subsidiary Janssen Pharmaceuticals "have entered into confidential master settlement agreements to resolve the actions, disputes and claims of certain claimants represented by [Douglas & London] relating to diabetic ketoacidosis, acute kidney injury and amputation injuries and losses allegedly suffered by those claimants in connection with Invokana / Invokamet."
Pursuant to the settlement agreement, Johnson & Johnson and Janssen Pharmaceuticals have agreed to deposit a confidential settlement amount into a qualified settlement fund, from which individual settlement sums will be distributed to the eligible plaintiffs. The court motion taps Archer Systems, an independent settlement administration firm, to handle the settlement fund. The settlement fund will be held in escrow by Deutsche Bank.
U.S. District Judge Brian Martinotti, presiding over the coordinated litigation, has said he will rule on the settlement agreements by November 19, 2018. If approved, the settlement of Douglas & London cases will be the first major resolution of claims involving Invokana.
More settlement agreements are likely on the way. The multidistrict litigation looked to be headed toward bellwether trials; Judge Martinotti had scheduled jury selection to begin in January 2019. But "in light of the tremendous efforts of the parties to achieve resolution for the various injuries claimed in this complicated multidistrict litigation," Martinotti stayed discovery in the cases, essentially stopping their progress toward trial to provide more time for concerted settlement negotiations. Discovery has been stayed until October 30.
Outside of the New Jersey MDL, Invokana cases remain pending in state courts in Pennsylvania, California and New Jersey. Class actions over the diabetes medication have been filed in Canada. In their lawsuits, plaintiffs accuse Johnson & Johnson of failing to warn the public of Invokana's risks, including an increased risk for lower limb amputations.
Continue reading about Morcellator's: FDA Recall: History, Details, and Aftermath
The thousands of plaintiffs involved in the baby powder lawsuits filed against Johnson & Johnson rejoiced on July 12th, 2018, when a jury announced that the manufacturing company would have to pay $4.69 billion dollars to 22 women and their loved ones.
See more on product injuries: Attorneys In New York Filing Eliquis Lawsuits
Baby powder is a well-known product and while pediatricians have regularly debated the safety of this product, adult women have been provided with little information on the potential dangers - specifically if used for feminine hygiene.
Research first concluded that baby powder, which is talcum powder, could result in serious health conditions such as ovarian cancer in the 1970’s when a scientific group in the U.K. released their findings after performing biopsies on numerous ovarian tumors. They reported that in many of the tumors they dissected, a literal piece of talc was found inside of the tumor. They concluded that if women used talcum powder for feminine hygiene, the powder could literally travel up the reproductive system and cause both irritation and cancer.
Then, in the early 90’s, a doctor working at Harvard released his analysis of a study with the conclusion that if a woman used baby powder regularly, she potentially increased her risk of developing cancer by 92%.
These were just two examples of studies which showed that women using baby powder have a significantly increased risk of developing cancer, yet Johnson & Johnson never informed customers about this risk.
The first lawsuit regarding talcum powder was filed in 2013 by a woman who used baby powder in her undergarments for 30 years and ultimately developed ovarian cancer. When she learned that her cancer could have been caused by the baby powder, she had the tumors that were removed from her ovaries analyzed by three separate medical experts.
All three medical experts found a piece of talc inside of the tumor they were asked to analyze.
This caused her to make the decision to file a defective product lawsuit against Johnson & Johnson, alleging that the manufacturer was negligent because they had failed to warn her of the risks associated with using the product.
Since then, thousands of other women have joined her, each alleging that talcum powder caused their cancer and that Johnson & Johnson could have prevented this serious medical condition.
This latest outcome, with $4.69 billion dollars being awarded to a group of plaintiffs, is a clear signal to manufacturers that they need to fully test their products for all potential risks before putting them on the market, otherwise, the law will hold them accountable.
In this recent trial, $4.14 billion of the award was given as punitive damages to the plaintiffs. This is significant because punitive damages are essentially extra compensation that is awarded to the plaintiff and is intended to punish the defendant for their actions. By awarding punitive damages in such a high amount, the jury is clearly showing Johnson & Johnson that taking risks with customers lives in order to make money is unacceptable. This decision was also likely made to protect future customers - after all, baby powder is just one of many products produced by this manufacturer.
If you believe that your cancer was caused by regular baby powder use, contact our law firm as soon as possible. We will review your case and then present you with all the legal options available to you.
When choosing an attorney, remember that it’s important to work with an attorney who has experience handling defective product cases and who has the resources to go head to head with a large corporation such as Johnson & Johnson. Be sure to ask for references and case examples. If possible, speak to a former personal injury client.
Don’t hesitate to call, in each case, a statute of limitations applies and your time to file may be running out.
It’s not uncommon for large companies to bring in contractors to help them complete work and while this can often be an excellent way to increase productivity, it can also put employees in a potentially life-threatening situation if the work performed by the contractor is defective.
Find other articles on defective products here: https://banvillelaw.com/product-injury/keurig/
Boeing, a company which is known internationally for building commercial jetliners, has thousands of employees across the United States and they are responsible for providing each individual with a safe working environment. While Boeing might do everything in their power to keep employees safe, sometimes the contractors they hire fail to follow the same standards.
In 2013, a 38-year old man who was working for Boeing building a 747, was standing on a platform with several other coworkers as they worked on the seams of a plane. The platform was an automated mobile platform that was known as an automated slider that could be moved when the plane needed to be shifted.
When the body of the plane needed to be rotated, the sliders were moved back. Then, when the body was in position, the sliders were redeployed. Unknown to Boeing and the workers, the contractor who worked on the software which ran the sliders had modified the original computer program. As a result, when the slider redeployed, a large gap was created that shouldn’t have been there, causing the victim to fall from the platform to the concrete below.
The impact caused a traumatic brain injury and although the worker survived the initial fall, he died eleven days later in the hospital. He is survived by his wife who chose to file a lawsuit against the company which installed the faulty software.
During the trial, the plaintiff’s legal team presented evidence that showed that the contractor, SAR, failed to install new software that would have instigated emergency lighting and horns if a dangerous gap occurred. The legal team even brought in an expert from the company who created the software who testified that this modification to the software caused a defect which rendered the program “unreasonably dangerous”.
Ultimately, the jury found SAR to be at fault and awarded the plaintiff $8.8 million in compensatory damages.
When someone is killed in an accident, their spouse, parents, or children may be able to file a wrongful death lawsuit. However, in order to be eligible, the deceased must have died due to another party’s negligence. Negligence occurs when someone fails to act in a reasonable manner and puts others around them at unnecessary risk. Examples of negligence include:
It can be difficult to prove that negligence occurred which is why it’s so important to work with an experienced lawyer.
When you come to our law firm, we carefully review every aspect of the accident, speak with witnesses, review evidence that has already been collected, and consult with industry experts. Then, we advise our clients about each legal avenue that is available to them. If they choose to pursue a wrongful death lawsuit, our legal team will be there to support them during the entire process.
At Banville Law, we work with our clients for a contingency fee. This means that we are paid nothing upfront but our fee comes directly out of the compensation we obtain for the client. All of our fees will be discussed at the very beginning so there are no surprises.
Continue reading about Zarelto Lawsuits: https://banvillelaw.com/product-injury/xarelto/
Doorways are structures every person uses every single day. All buildings have them and most people don’t even think about the number of times they use a door every day. In many commercial buildings, doors with motion sensor openers and closers are installed so that people can walk through without having to stop and manually do it. While there are benefits to this, if the opening and closing devices are not properly installed or defective, injuries may occur.
This article is brought to you by Banville Law, if you or someone you love has been injured due to a defective product, contact our legal team.
Just recently, a New York jury awarded $12.8 million to a woman who was seriously injured by a closing device on a hospital door.
The plaintiff, in this case, was working as a security officer at a New York hospital. Just before the accident, the hospital had hired a construction company to build a new wing in the hospital, including the installation of doors that automatically opened and closed. Not long after, the wing was opened to the public.
The security officer approached the doors as she had many others before but this time, tragedy struck. While she was going through the entryway, the closing device dislodged and fell, hitting her. Thankfully she was already in the hospital but that doesn’t mean the damage wasn’t already done. Doctors diagnosed her with a serious neck injury.
She chose to pursue legal action against the contractor who installed the device. During the trial, her legal team presented testimony from a life planner, economist, neurologist, and chronic pain doctor who all spoke of how debilitating her injury was and how it impacted her life. Although the defendant denied responsibility, the jury determined they were indeed at fault and awarded her compensation.
When the bones, muscles, or nerves in the neck are injured, the pain can be debilitating. It may take surgery, years of physical therapy, and numerous medications just for the patient to feel like they can resume a semi-normal life - if they can at all. Permanent damage may result in paralysis and constant pain. Many patients are unable to return to work or the activities they enjoyed before they were injured.
Even with payments from workers’ compensation or health insurance, medical bills and lost income can mean the injured patient is left drowning in debt and all because someone else acted negligently.
This is why the law allows the victims of personal injury accidents to file a lawsuit against the responsible party or parties, so that they may have the chance to recover compensation that can help them get their lives back on track.
When a plaintiff obtains compensation, it comes in one of two forms: a settlement offer or a verdict awarded in court. However it is obtained, compensation may cover:
In cases where the accident succumbs to their injuries, their loved ones may have the option of filing on their behalf. Typically in the state of New York, the spouse, parents, or children of the deceased may be eligible to file. These wrongful death complaints can provide the loved ones with:
The amount a plaintiff gets will depend on what their losses are, how old they are, and how debilitating their injuries are.
The process of filing a lawsuit isn’t a simple on and the plaintiff must always be prepared to prove their claims. Medical records, insurance records, construction records, bills, video surveillance, accident reconstruction, and reviews of complaints made about devices involved in the accident are just a few of the things that are frequently used to prove a case.
It’s difficult to get the needed evidence when you are healthy and happy, obtaining it while seriously injured and juggling bills is a stress not many can bear. That’s why it’s always best to consult with a lawyer.
The team at Banville Law knows that most of our clients are coming to us because they are struggling. That’s why we offer free initial consultations and work on a contingency fee, which means that our fees come directly out of the compensation we obtain for you. If we don’t win your case, you don’t owe us anything.
Most people don’t think about the number of doors that they go through on a daily basis. At most, one might double check the locks to ensure the safety of their property or loved ones when leaving for the day. But, like so many other products, a door can have a defect that results in serious injury to anyone who is unlucky enough to walk through it.
See related articles from our product liability law firm: Lawyers Filing IVC Filter Lawsuits In New York
One morning, a 24-year-old man got up early to walk his dog. They enjoyed the early morning and everything indicated that the day would be a good one - until they went home and the man opened the door to his apartment building.
The door he used was specifically designed for residents who had dogs and was equipped with a box containing a hydraulic device that ensured the door closed slowly once someone walked through it. On this particular day, however, the door didn’t close slowly.
In the moments after he opened the door, the man saw the actual device swing off of the door and fly at his face. He attempted to duck but failed to move quickly enough and was struck in the head. The blow caused immediate swelling, dizziness, and a laceration. He cleaned up the blood and then went to work.
While at his job as an apprentice electrician, he continued to feel dizzy and was unable to remain standing. A family member picked him up and took him to the emergency room where doctors found that he had a concussion and swelling in the brain. Over the next few months, he developed severe migraines, neck pain, and depression. He saw a number of specialists and tried more than 25 medications, botox injections, and special glasses. He attempted to work for three years after the accident but his increasingly painful condition impacted his cognitive function and he was unable to continue.
The victim chose to file a lawsuit against the company that was hired to manage his apartment building. In his complaint, he alleged that the hydraulic device had previously been loose and that if the manager had performed a routine daily inspection, the safety issue would have been discovered and his injuries prevented.
He was able to provide the court with a work order which proved that a someone had notified the management company of the hazard three months before his accident. In addition to this, the apartment building’s maintenance man testified that he had repaired the door several times before the accident and had also had to do repairs several times after.
The defendants denied any prior knowledge of the issue and also said, that despite the testimony of medical experts, that the victim had not actually suffered a brain injury. Prior to going to trial, they did offer to settle the case for $500,000 - much less than the $925,000 the plaintiff was requesting. Ultimately, he rejected their offer.
After presenting their arguments at trial, the jury awarded the plaintiff $2,850,000.
Whenever someone is injured on someone else’s property due to a defect or hazard that should not have been there, the owner and/or management company who is in charge of the property may be held liable.
In order to prove that they have a valid claim, plaintiffs in these cases must show that :
Property managers and owners are expected to examine the land and buildings at reasonable intervals to determine if any repairs need to be made. If an issue is discovered, repairs should be made immediately or warning signs need to be placed around the defect until repairs can be made.
This is a difficult question to answer. What might be considered reasonable for one property is not for another. For example, a small two-bedroom house with no yard might be looked over every day by the owner, but it would be unreasonable to inspect all 800 acres of a farm. The best way to determine if an inspection was performed at appropriate intervals is to contact a premises liability attorney who can investigate the matter for you.
It is absolutely possible for a plaintiff to file claims against multiple parties if each party has been negligent.
For example, if the manufacturer or designer of the hydraulic device created the flaw from the very beginning and this flaw caused the device to fall from the door, they too can be held liable. This does not mean, however, that the property owner is not liable as they are still responsible for maintaining a safe environment.
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A jury has awarded a woman who filed a product liability lawsuit just under two million dollars in damages after she was seriously burned by an electronic cigarette.
See our previous article on: Abilify Lawsuits Now Being Filed In New York
The plaintiff was on her way to build a community center in Brazil when she stopped at the airport to charge her e-cigarette. The device malfunctioned and sprayed her with hot metal, which then caused her dress to catch on fire.
Her husband was able to put the flames out by pouring his iced coffee on her, however, the damage was already done. The plaintiff suffered second-degree burns on her hands, thighs, and buttocks. She was taken to the emergency room and ended up in the burn unit instead of in Brazil. It took her months to heal.
She chose to file a complaint against VapCigs, alleging that the company had sold a defective product and as a result she had been seriously injured. She requested compensation for her medical expenses, lost wages, lost travel expenses, and physical pain and suffering.
Despite safety standards that have been put into place to protect the American consumer, thousands of people are injured every year because the product they are using is defective in some way.
Under product liability law, those who are responsible for the design, creation of, and distribution of the defective product may be held responsible depending on the case. There are several types of product defects:
This type of defect has to do with the way the product is modeled - the defect occurs even before the manufacturing process takes place.
This occurs when the defect arises from the way in which the product has been put together or assembled.
Marketing defects most often deal with how products are labeled, incorrect or insufficient safety warnings, and insufficient instructions.
If any of these defects caused an injury, the victim may be able to obtain compensation for those injuries through a product liability lawsuit.
If you choose to pursue legal action, there are a few things that you will need to prove:
Whether a the plaintiff takes a settlement agreement or is awarded a favorable verdict from a jury, the compensation obtained is called “damages”. Damages are intended to cover the plaintiffs:
Injuries that are commonly sustained due to a defective product are often not inexpensive to treat. Hospitalization, surgery, medications, and physical therapy can leave the victim financially burdened due to an injury caused by another party’s negligence.
Not being able to work places additional strain on the finances - not only on the victim but also on anyone who depends on them.
In cases where the injury leaves the victim suffering from constant physical pain for an extended period of time, or if the injury leaves them disfigured or scarred, monetary compensation may be provided for these losses.
If the accident left the victim with psychological trauma compensation may be provided for this as well.
If your loved one passed away after being injured by a defective product, you may be able to pursue a wrongful death lawsuit.
In order to establish a wrongful death claim a plaintiff must prove:
In New York, the only person who may pursue a wrongful death complaint is the personal representative of the deceased’s estate. However, this representative can seek damages for the losses that are suffered by other loved ones, including the deceased’s heirs, beneficiaries, or devisees.
When damages are awarded to the representative, the court treats them as though they hold those damages in trust for the other surviving family members.
The damages that can be obtained from a wrongful death claim include:
In New York, the statute of limitations for product liability claims is three years from the date that the defect caused the injury.
Bringing a claim against a manufacturing company or retailer would be very difficult to do without the help of a lawyer. These companies typically have excellent resources and their own legal teams who will immediately come to their defense. It is always a good decision to discuss your case with a lawyer as soon as possible after the accident.
A lawyer can assist you by gathering evidence that may end up being crucial to your case. It is important that any evidence be obtained before someone else has the chance to make it disappear. They will also take care of the process of filing, can work to negotiate a fair settlement, and explain the complicated aspects of the law.
In the majority of cases, working will a lawyer will ensure that you are able to obtain a larger sum in compensation than you would be able to on your own.
Injuries stemming from defective products happen to workers on a regular basis, especially in industries where employees use power tools and heavy machinery every day.
Injured workers are entitled to file a workers’ compensation claim. However, the problem with workers’ comp is that it will only cover medical expenses and a fraction of any wages lost by the employee. This claim will never provide the worker with compensation for physical or emotional pain and suffering.
To add insult to injury, a large percentage of these claims are denied outright by the insurance company. The denial can be appealed but the process of filing an appeal is long and complicated.
Filing a workers’ compensation claim prevents the employee from suing their employer, however, it does not prevent them from pursuing a lawsuit against a negligent third party, such as a manufacturing company. In many cases, a product injury lawsuit is the only way that an injured worker is able to get the compensation they need to get back on their feet.
This is the question that all of our clients have asked and the answer is that until we review the details of your case, there is no way to know how much you may gain from filing a lawsuit. Even after the facts have been reviewed, only an estimate can be given.
For other product liability cases, see: https://banvillelaw.com/product-injury/risperdal-lawsuits/
As reported in the Wall Street Journal, Bayer's sterility device for women, Essure, has been recommended to undergo additional clinical trials as advised by an independent medical advisory panel. Essure is small metal device that is implanted in the Fallopian tubes. Over time scar tissue forms around it, blocking sperm from reaching the ovaries. The FDA approved its use in 2002.
To learn more about Essure, see: https://banvillelaw.com/essure-sterilization/
Women complained during clinical trials of pain so severe they were unable to function. These women were then removed from the study. During the last 13 years of Essure use, the company continued to receive an alarming number of complaints from Essure patients suffering debilitating pain.
The panel examined Essure to determine whether more trials were needed and if the labeling and warnings should
be changed. Dr. Diana Zuckerman, president of the National Center for Health Research, reported that over 1000 women were experiencing severe symptoms and that 86% of them were suffering from pain. The symptoms include:
Allergic reactions to the device, which is made of nickel and polyester, were indicated by hives or rash, swelling and pain, with nausea. In the 63 patients presenting with allergies, the occurrence of arthritis and asthma was increased.
Dr. Zuckerman found that time and again women who reported these and other adverse side effects were removed from the study, skewing the trial results. She found that many of these complaints weren't recorded. Essure complaints soared from 115 reported in 2011 to twenty times that amount in 2014 with 2, 259 Essure complaints. Essure complaints filed for the first half of 2015 number 1,363, indicating the problem is still growing.
Bayer's sterility device, Essure, has caused some outrageous behavior that can be described at the very least as unethical. Bayer denies allegations of misconduct among its doctors during the clinical trials. It has been stated that "Bayer and the FDA have trouble seeing the causal relationship between this device and the patients' pain," unfortunately this is not the case for those who have suffered. One Essure user had to endure 20 office visits presenting the same complaint of severe abdominal pain before the Bayer's sterility device was finally removed.
The panel heard from a number of women about the painful side effects they experienced after having Essure implanted. Some feel that since reporting Essure patient complaints of abdominal pain and pelvic pain to the FDA is optional, there is no clear method to gauge exactly how many Bayer's sterility devices are causing painful side effects, and to what extent Bayer will be responsible for product liability.
If you, or someone you know, has experienced painful side effects after having Essure implanted, securing the best legal representation with knowledgeable lawyers in product liability claims is highly encouraged. Testimony before the independent medical advisory panel shows that Bayer may have acted negligently showing recklessness in its rush to get the FDA approval.
If you have experienced any of the symptoms discussed in this article, or others, you may have a product liability claim against Essure.
Find other product injury cases like: Jury Awards Almost $13 Million To Security Officer Hurt By Defective Door
In an ongoing scandal involving the inappropriate handling of a General Motors Co. ignition switch defect that led to millions of vehicle recalls and over 100 deaths, a settlement has been reached. The deal will charge GM with criminal wire fraud stemming from misleading statements and the concealing of critical information about the defective ignition switch. The fine will amount to $900 million. If GM agrees to repair their recall processes under the watchful eye of the Justice Department, the counts could be dropped within three years.
Visit our previous article on Eliquis lawsuits: https://banvillelaw.com/product-injury/eliquis-lawsuits/
The Court's decision to defer prosecution was based on a number of factors which the Court felt was demonstrative of cooperation by GM throughout the investigation, including:
US Attorney Preet Bharara has indicated that if any means become available to prosecute individuals for wrongdoing in this case, the door has been left open.
Over the next three years, the Justice Department will monitor the procedural changes and safeguards that GM has reported to ensure that substantial preventative changes have been made and will remain in place. Some of these changes include:
The financial penalty imposed upon GM is less than the $1.2 billion Toyota Motor Corp. settled for in 2014 in a similar case. GM's cooperation during the process has been cited as the primary reason for the reduced penalty.
Prior to the settlement, GM had agreed to settlements offered to 124 families whose loved ones were killed as the result of the defect as well as 275 additional people who were injured. Additional lawsuits are currently being filed on behalf of an additional 370 injury victims and families of an additional 84 victims who were killed.
A settlement fund was created in 2014 and is being administered by Ken Feinberg, who is the lawyer who handled the 9/11 victim compensation fund. Many victims are unhappy with, what appears to be, a lax compensation settlement.
The amount received by the victims and their families can range from $20,000 to many millions depending on the following factors:
A National Motor Vehicle Crash Causation Report that was presented to Congress in 2008 cited non-driver related crashes where vehicles malfunctioned as a cause and serious concern in a substantial number of crashes. That number is expected to have grown and is of critical importance to drivers of vehicles. When accident victims suspect that the accident was the result of a vehicle system malfunction, it is important to seek professional advice.
Have you heard of lawsuits regarding talcum powder? Read more: Talcum Powder Lawsuits