What is a Texas Multi District Litigation?
Multidistrict litigation is a procedure utilized in the federal court system to transfer to one federal judge all pending civil cases of a similar type filed throughout the United States. The decision whether cases should be transferred is made by a panel of seven federal judges appointed by the Chief Justice of the United States Supreme Court. The Judicial Panel on Multidistrict Litigation meets periodically to review requests that cases be consolidated for pretrial matters pursuant to 28 U.S.C. § 1407
Class Action Vs Multi District Litigation
class actions may be transferred to an MDL consolidation in the same manner as single plaintiff cases. However, for cases to be treated as proper for an MDL consolidation the Panel must find they one or more common questions of fac t. Since commonality is also an required element for a class action, class actions are frequently litigated in MDL proceedings.
What is a Class Action?
a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. Class actions are commonly referred to as class action suits
Current most sought Multi District Litigations In the news for dangerous Drugs and Medical Devices
Yasmin / YAZ Multidistrict Litigation (MDL) Motion Filed Late July 2009
Some types of Texas cases naturally lend themselves to MDL, such as those involving:
DePuy Hip Recall trials ready to begin. DePuy Hip Replacement Lawyers accepting cases in many states. If , need revision surgery or have had revision surgery or metal on metal toxicity we want to speak to you right away. Only claim in state with 2 year statutes or greater are being accepted. Call right away as time is running out. If you have complications from your dePuy hip replacement see a doctor immediately
The first bellwether trials in the pending DePuy hip litigation are scheduled to begin later this year. The handful of plaintiffs involved in the trials represent just a few of the thousands of individuals who filed suit against Johnson & Johnson and DePuy Orthopedics after being injured by a defective metal hip implant. mny of these have been seniors needing revision surgeries.
According to a Bloomberg report, the first bellwether case is scheduled to go to trial in a Nevada court in December of this year. Additional bellwether trials are expected to begin in January 2013. According to the report, these cases are part of an estimated 2,000 DePuy hip lawsuits filed in state courts across the country. Several thousand more lawsuits are also pending in federal court after being consolidated into a multidistrict litigation (MDL) for pretrial proceedings. The plaintiffs involved in the DePuy hip litigation allege that they experienced pain, swelling, tissue damage, loss of mobility and other complications after being fitted with an ASR all-metal hip implant. The lawsuits also allege that DePuy and Johnson & Johnson knew of potential problems with the metal hip replacement devices but did not take adequate steps to warn consumers of the dangers.
DePuy Orthopaedics issued a global recall of the ASR Hip Resurfacing System and ASR Acetabular System in August 2010, after data from the National Joint Registry of England and Wales showed that 1 out of every 8 patients (12%-13%) who had received the devices had to undergo revision surgery within five years of receiving it. According to Parker Waichman LLP, more than 93,000 metal-on-metal DePuy ASR hip implants were sold worldwide prior to their recall.
The U.S. Food & Drug Administration (FDA) is currently conducting a safety review of metal-on-metal hip implants, including the DePuy ASR devices. Last May, the agency directed 21 companies that market all-metal hip replacements, including DePuy, to conduct post-market studies of their products to determine if they were shedding dangerous amounts of metallic debris in patients. The FDA recently announced that its Orthopaedic and Rehabilitation Devices Panel will meet on June 27 and 28 to discuss the risks and benefits of metal-on-metal hip systems, and make potential patient and practitioner recommendations for their use.
It is strongly urged that anyone who has a failed DePuy see their Doctor immediately to find out if revision surgery is recommended and speak to a DePuy Lawyer right away
Johnson and Johnson's Tylenol has had FDA warnings for overdose leading to Liver damage. Just a part of the long line of J & J recalls and FDA warnings. Class Action Lawyer network is accepting cases for Liver damge from Tylenol.Johnson & Johnson said Friday it is recalling more Tylenol.
Now 574,000 bottles of grape-flavored Infants Tylenol is being recalled because a new dispenser malfunctioned when used by many parents. The redesigned system with a syringe and flow restrictor, it was hoped, would prevent overdosing.
The manufacturing part of t the facility in question was shut down in April 2010 because of several problems, including musty smells and metal particles in medicines, that led to dozens of recalls. J&J officials proclaim they have spent $100 million to fix the problems, but will need approval from a federal court judge and the U.S. Food and Drug Administration to resume production. The McNeil plants in Lancaster and Puerto Rico continue to operate, but under closer FDA scrutiny. There have been warnings for Tylenol causing liver damage and documented cases. If you or a loved one has liver damge due to Tylenol causing severe debilitation or wrongful death call our Tylenol lawyers today.
|State||statute||Written Contract||oral contract||Injury||property damage|
|Alabama||Ala. Code § 6-2-2 et seq. *||6||6||2||6|
|Alaska||Alaska Stat. § 09.10.010 et seq.||3||3||2||6 (real property); 2 (personal property)|
|Arizona||Ariz. Rev. Stat. Ann. § 12-541 et seq.||6||3||2||2|
|Arkansas||Ark. Code Ann. § 16-56-101 et seq.||5||3||3||3|
|California||Cal. Civ. Proc. Code § 312 et seq.||4||2||2||3|
|Colorado||Colo. Rev. Stat. § 13-80-102 et seq.||6||6||2||2|
|Connecticut||Conn. Gen. Stat. Ann. § 52-575 et seq.||6||3||3||2|
|Delaware||Del. Code Ann. tit. 10, § 8101 et seq.||3||3||3||2|
|District of Columbia||D.C. Code § 12-301 et seq.||3||3||3||3|
|Florida||Fla. Stat. Ann. § 95.011 et seq.||5||4||4||4|
|Georgia||Ga. Code Ann. § 9-3-20 et seq.||6||4||2||4|
|Hawaii||Haw. Rev. Stat. § 657-1 et seq.||6||6||2||2|
|Idaho||Idaho Code § 5-201 et seq.||5||4||2||3|
|Illinois||735 Ill. Comp. Stat. 5/13-201 et seq.||10||5||2||5|
|Indiana||Ind. Code Ann. § 34-11-2-1 et seq.||10||6||2||6 (real property); 2 (personal property)|
|Iowa||Iowa Code Ann. § 614.1 et seq.||10||5||2||5|
|Kansas||Kan. Stat. Ann. § 60-501 et seq.||5||3||2||2|
|Kentucky||Ky. Rev. Stat. Ann. § 413.080 et seq.||15||5||1||5 (real property); 2 (personal property)|
|Louisiana||La. civil code § 3492 et seq.||10||10||1||1|
|Maine||Me. Rev. Stat. Ann. tit. 14, § 751 et seq.||6||6||6||6|
|Maryland||Md. Courts & Jud. Proc. Code Ann. § 5-101 et seq.||3||3||3||3|
|Massachusetts||Mass. Ann. Laws ch. 260, § 1 et seq.||6||6||3||3|
|Michigan||Mich. Comp. Laws § 600.5801 et seq.||6||6||3||3|
|Minnesota||Minn. Stat. Ann. § 541.01 et seq.||6||6||6||6|
|Mississippi||Miss. Code. Ann. § 15-1-1 et seq.||6||3||3||3|
|Missouri||Mo. Rev. Stat. § 516.097 et seq.||5||5||5||5|
|Montana||Mont. Code Ann. § 27-2-2021 et seq.||8||5||3||2|
|Nebraska||Neb. Rev. Stat. § 25-201 et seq.||5||4||4||4|
|Nevada||Nev. Rev. Stat. Ann. § 11.010 et seq.||6||4||2||3|
|New Hampshire||N.H. Rev. Stat. Ann. § 508:1 et seq.||3||3||3||3|
|New Jersey||N.J. Stat. Ann. § 2a:14-1 et seq.||6||6||2||6|
|New Mexico||N.M. Stat. Ann. § 37-1-1 et seq.||6||4||3||4|
|New York||N.Y. Civ. Prac. Laws & Rules § 201 et seq.||6||6||3||3|
|North Carolina||N.C. Gen. Stat. § 1-46 et seq.||3||3||3||3|
|North Dakota||N.D. Cent. Code § 28-01-01 et seq.||6||6||6||6|
|Ohio||Ohio Rev. Code Ann. § 2305.03 et seq.||15||6||2||4|
|Oklahoma||Okla. Stat. Ann. tit. 12, § 91 et seq.||5||3||2||2|
|Oregon||Or. Rev. Stat. § 12.010 et seq.||6||6||10||6|
|Pennsylvania||42 Pa. Cons. Stat. Ann. § 5501 et seq.||4||4||2||2|
|Rhode Island||R. I. Gen. Laws § 9-1-12 et seq.||10||10||3||10|
|South Carolina||S.C. Code Ann. § 15-3-510 et seq.||3||3||3||3|
|South Dakota||S.D. Codified Laws Ann. § 15-2-1 et seq.||6||6||3||6|
|Tennessee||Tenn. Code Ann. § 28-3-101 et seq.||6||6||1||3|
|Texas||Tex. Civ. Prac. & Rem. Code § 16.001 et seq.||4||4||2||2|
|Utah||Utah Code Ann. § 78-12-22 et seq.||6||4||4||3|
|Vermont||Vt. Stat. Ann. tit. 12, § 461 et seq.||6||6||3||3|
|Virginia||Va. Code Ann. § 8.01-228 et seq.||5||3||2||5|
|Washington||Wash. Rev. Code Ann. § 4.16.005 et seq.||6||3||3||3|
|West Virginia||W. Va. Code § 55-2-1 et seq.||10||5||2||2|
|Wisconsin||Wis. Stat. Ann. § 893.01 et seq.||6||6||3||6|
|Wyoming||Wyo. Stat. § 1-3-102 et seq.||10||8||4||4|
Alabama couple files DePuy lawsuit over hip replacement problems
December 6th, 2011
An Alabama couple has filed a lawsuit against the makers of the DePuy ASR hip replacement. In their DePuy lawsuit, Charles and Michelle Tucker allege DePuy Orthopedics and its parent company Johnson & Johnson sold defective hip devices.
Charles Tucker received a DePuy hip implant in January 2007 and later developed pain and complications related to the device, which was recalled in July 2010. According to the lawsuit, the metal device wore down prematurely, causing damage to the surrounding bone and tissue.
DePuy has been facing mounting lawsuits concerning the ASR hip replacements after it was discovered the devices fail at a much-higher-than expected rate. According to a DePuy warning issued by the Food and Drug Administration, one in eight patients with the device will need revision surgery to correct problems within five years, a failure rate nearly three times the accepted standard.
Police In India Investigate Hip Replacement Recall
by Brian Devine on December 7, 2011
The FDA in India has registered a complaint with the Mumbai Police department regarding the DePuy hip replacement recall.
The Indian FDA and Mumbai Police have asked people in India to come forward if they have undergone a hip replacement surgery with the ASR implant. Ramrao Desai, senior inspector, Mahim police station, said, “The FDA lodged a complaint with us 15 days back. Under IPC 328, and Drugs and Cosmetics Act 17, 18 and 27, we have registered a case against the company’s director. We request people who have an ASR hip implant to contact us.”
The Indian FDA has claimed that it doesn’t even have any data on how many patients received the implant in India. “The police are investigating. Once the implant recipients come forward, we will know how many are affected, and accordingly take action against the company,” said an FDA official.
DePuy Hip Replacement Prompts Lawsuit in UK
December 23, 2011, 05:00:00AM. By Charles Benson
Merseyside, England: More than 100 people are suing a medical device company over the side effects of allegedly faulty DePuy hip replacement implants that were withdrawn a year ago, according to the BBC.
DePuy Hip Replacement Prompts Lawsuit in UKThe news source reported that patients complained about pain and swelling, nerve, muscle and bone damage, and blood poisoning, according to a statement from their attorneys.
The implant manufacturers DePuy have denied any liability in the case after voluntarily recalling the products in August 2010, but noted that it was not over safety concerns.
According to the BBC, the company's ASR implant, released in 2003, used a metal cup and socket instead of a ceramic or plastic cup to replace a hip joint. This type of fixture led to reports from patients over problems with the cup and socket becoming loose.
Stephen Ellis, 57, a Liverpool resident who had a hip replacement in 2005, fears the loosening may have led to the poisoning of his bone and muscle.
"I woke up one morning and I was in agony. And, I felt sick, really sick with the pain," Ellis told the news source. "I feel like an old man—that's what I feel like—an old man in his eighties. And I feel robbed of my life."
A number of other individuals in England have reported similar problems with the devices, and specific cases have targeted other side effects. One of the lead lawyers for the group of more than 100 people involved in the lawsuit noted that psychological side effects have also been present.
"It's had a terrible effect on my clients psychologically. It's broken up relationships," the lawyer told the news source. "And they've been told that they can't find any clinical reason for the problem, initially, and that the pain was in their head."
The problematic hip replacements have also been a target of legal action in the US, including a lawsuit by a Gaylesville, Alabama couple that was filed to seek damages stemming from the implants, according to the Rome News-Tribune.
Popular Hip Replacement Made Patients Sick
December 8, 2011 8:55 PM
The ASR hip replacement from DePuy Orthopedics was recalled after it made many patients sick. (Credit: CBS)
CHICAGO (CBS) – They trusted that the hip replacement device approved by the Food and Drug Administration was safe and would help them. Instead it made the already painful condition for some patients worse.
And as CBS 2’s Pam Zekman reports, after it was voluntarily recalled, serious and painful health problems still plague patients even after the device is removed.
“I had a job and a career that I loved,” Mary Ann Doornbos, 53 said. “I went around the world doing things.” But she also had osteoarthritis and needed hip replacement surgery in 2007.
Class Action Lawyer Network Depuy Hip Replacement Lawyers are accepting cases for the failed Depuy Hip Replacement
The purpose of Drugs,Orthopedic Devices and Medical Device class action lawsuits is to give the people the ability to obtain justice from large corporations who can afford powerful legal defense and who have strong influential connections. Let's look at class action Lawyers for the dangerous drug Actos for instance. Actos has been shown to cause bladder cancer in long term use.Many Tpe 2 diabetics took this drug under the advise of their physicians however, warning cam too late and many individual became victims of bladder cancer. Yaz is a birth control drug which has been shown to cause blood clots and potential stroke. Both Actos and Yaz can cause wrongful death. The Prolapse mesh,transvaginal mesh inplant is a surgical implant for uterine prolapse and unrinary incontinence. This is perhaos the worse we have seen yet. These mesh implants were approved on the "fast track" without sufficient testing. The prolapse mesh is causing horrific complications in women. Women across the U.S, Canada, U.K and Europe are describing complications that are unbearable. The Depuy Hip Replacement ,Zimmer Duram Cup and Depuy ASR and Pinnacle hip replacement prothesis metal on metal has been causing severe complications. The metal itself has become toxic. These effect our huge senior populations which go in for second surgeries. Class Action Attorney Network, and and its team of lawyers is concerned for the senior victims of a failed Depuy, the women victims of the failed vaginal mesh and the Diabetics dealing with a life changing adult onset disease that now must fear for bladder cancer. The Attorney for class action team is concerned for the women who simply wanted a birth control device and now must fear for clots and stroke. So many drugs and medical devices gone bad so much suffering and so many whose voices must be heard. Their families and caregivers,husbands and children are suffering along with them. To quote one caller "when mommy hurts the entire family suffers". These medical discoveries offered hope but have turned to pain and suffering. If you, a family member, a child or someone you care for is a victim of a dangerous drug or medical device call Today. Justice must be sought.
CURRENT CLASS ACTION LITIGATIONS INCLUDE:
Depuy Hip replacement
While many Americans are filing Fosamax lawsuits because of the evidence indicating that the drug, manufactured by Merck, causes femur fractures and jawbone death in people who take it to combat osteoporosis, reports out of the United Kingdom indicate that the disease has reached catastrophic levels in the population in that area of the world.
ORTHOPEDIC AND MEDICAL DEVICES
November 6, 2011. By Jane Mundy.
Medtronic Infuse Bone Graft Neck: Off-Label and Off-Limits New York, NY: Defective medical device attorneys are filing lawsuits against Medtronic for marketing its InFuse Bone Graft off-label, particularly for neck surgery. A number of personal injury lawsuits and a wrongful death suit (a California woman died after neck surgery) have also been filed against Medtronic.
VAGINAL MESH MANUFACTURERS
Johnson & Johnson
American Medical Systems or AMS
Sept. 8 (Bloomberg) — Johnson & Johnson and rival makers of transvaginal meshes told Food and Drug Administration advisers they agreed on the need for more safety studies of the implants as well as labeling changes to warn of potential risks.
If you have been injured by a pharmaceutical drug, medical ,surgical device or implant or any of the above listed medical products call the class action lawyer team today for an experienced class action lawyer.
Update Oct 18 2011
Clomid (clomiphene citrate), one of the most popular fertility drugs on the market, has been found to increase the risk to severe birth defects, according to a recent report by the Centers for Disease Control.
Clomid, also marketed as Serophenea, induces ovulation in women who do not usually produce eggs. According to the recent research, which looked at women using Clomid anywhere from two months before conception to one month of pregnancy, serious birth defects – ranging from anencephaly (open cranium lacking a brain), esophageal atresia (closed esophagus), omphalocele (abdominal wall defect), craniosynostosis (premature fusion of skull bones), and gastrointestinal and genital defects – were observed.
Class Action Lawyers
A class action is brought by a class action lawyer,lawyers,attorney or law firms against a company whose actions have injured a group of people in a similar way. An individual who has been injured may bring a class action on behalf of all individuals who has been harmed. After the class action has been started the other injured people join the class action lawsuit they in effect become class members
CooperVision Continues the Voluntary Recall of Avaira™ Toric Contact Lenses
The Latest on Breast Implants
Implant brands include Dow Corning, Silastic II, Cronin, DCW, MSI, Mueller 5 and Varifil. For those women that do have qualifing implants, there is still compensation available under the Dow Settlement until June 1, 2019.
Consumer groups at this week's FDA advisory panel on general and plastic surgery devices ask the watchdog agency to take Johnson & Johnson breast implants off the market until more safety data can be gathered.
Bloomberg Businessweek reports that a group of concerned Congressmen have written to the chairpersons of several committees, requesting hearings on the safety of Johnson & Johnson’s DePuy metal-on-metal hip implants and Boston Scientific brain stents.
The DePuy ASR metal-on-metal hip implant, which was approved under the FDA’s 510(k) approval process, in which a device can be cleared for market if it is “substantially equivalent” to devices already on the market, is known to release small metal particles into patients’ bloodstreams, potentially damaging nearby bone and tissue and necessitating painful correctional surgery. The Congressmen note that the FDA has already received over 5,000 complaints since January 2011. However, the United States does not have a registry to track medical device failure and it is possible that the number of failed devices is higher than 5,000 and will continue to rise in the coming years. The high failure rate and lack of a reliable tracking registry led the FDA “to order 20 manufactureres of these devices to submit a plan to the FDA to study how frequently they were failing and to examine the health implications of device failures.”
The Congressmen hope that hearings on the DePuy metal-on-metal hip implants will serve as a foundation to “provide important lessons about the device clearance and approval process as well as the adequacy of our postmarketing safety system.” In the past few years, Congressional “hearings on medical devices have examined claims about delays in FDA approval and overregulation,” but the letter writers believe Congress should be wary of underregulation and should examine “evidence as to whether FDA device regulation has been ineffective in protecting the public from dangerous medical devices.”
DePuy Orthopaedics, a unit of Johnson & Johnson, warned last week that its ASR artificial hip implant appears to have a high early failure rate in some patients. This warning came months after DePuy announce it was phasing out the ASR for declining sales.
According to a report in The New York Times, the warning from DePuy followed more than two years of reports that the device was failing in patients only a few years after implant causing DePuy hip replacement complications and requiring costly and painful replacement operations.
DePuy sells the ASR for use in hip “resurfacing,” a popular alternative to traditional replacement. The company also separately markets an ASR component — its hip socket, or cup — for use in traditional hip replacement. According to the Times, the Food and Drug Administration (FDA) has not approved the ASR for sale in the United States. In 2005, however, the FDA cleared the ASR cup for use in traditional hip replacement. The device was cleared through a process that did not require it to undergo clinical trials.
In a letter dated March 6, 2010 DePuy warned doctors that recently analyzed data from Australia suggested that the ASR had a higher-than-expected failure rate when used in traditional hip replacement on certain types of patient. According to the letter, patients of small stature, a group that typically includes women and patients with weak bones, faced the highest risk.
The Times is reporting that since the beginning of 2008, the FDA has received about 300 complaints against DePuy on the ASR involving patients in the U.S who received it, the Times said. Most of those patients underwent an operation to have the device replaced soon after getting it.
An official with DePuy told the Times some problems with the ASR had arisen because doctors were improperly implanting the device’s cup when first using it. But some doctors believe the ASR – which has a shallower cup than similar devices – has a design flaw, something DePuy denies. However, the co-developer of the ASR told the New York Times that he and DePuy officials realized within the last two years that the ASR cup might be more of a challenge to implant properly than competing cups.
According to The New York Times, in early 2009, DePuy sent a brochure to doctors on the importance of proper cup positioning for all hip implants. But the information did not address any specific concerns about the ASR. In its March 6 letter, DePuy emphasized the need to properly position the ASR.
Posted by lisaspitzer on Nov 3, 2011 in Blog | 0 comments
Spokesmodel for Hip Replacement Sues Device Maker, J&J
Oct 31st, 2011 | By Jane Akre | Category: Legal News
Penny Brown in Daily Mail, UK
OCTOBER 31, 2011 – She is a former gymnast turned spokesmodel for DePuy who has joined in a lawsuit against the device maker, Johnson & Johnson, after receiving a hip implant that’s left her in crippling pain.
Endorsed J & J Medical Device
Penny Brown was a poster woman who encouraged others to have the artificial hip implant. Now she tells The Daily Mail she feels guilty she may have encouraged others to have the implant. After suffering from arthritis, she had a DePuy implant (articular surface replacements or ASR) in 2004. By 2009 Brown says she felt constant pain and heard and felt a “clunking” sensation. Brown, 51, could not sit or stand and said she was a shadow of her former self.
“I could not believe that I, who had so promoted and believed in the product, was falling victim to the design defect,” she says to the newspaper.
She was told the hip had worn down and would have to be removed. She had it taken out last month. Brown, 51, told The Daily Mail (here) “My life has been devastated and not only feel let down personally but also feel guilty that I might have encouraged others to have the ASR implanted,” she said.
In its place she had a resurfacing procedure.
The DePuy ASR hip system was implanted in about 93,000 patients before being pulled from the market in 2010 because about 12-13% needed a second procedure within five years. The ASR XL Acetabular and ASR Hip Resurfacing systems were removed but that didn’t stop the lawsuits. Brown is represented by UK “solicitors” who are coordinating a seriously injured group of about 300 patients and suing for damages.
The J&J DePuy Pinnacle artificial hip was approved for marketing by the FDA under the 510(k) approval process, which does not require scientific clinical trials as long as the device is a “substantial equivalent” to another artificial hip on the market.
In the U.S., multi-district litigation (MDL) has been gathered in the U.S. District Court for Northern Ohio, while another consolidated action has been filed in Texas. Ortho Streams reports 350 cases were filed in Ohio in August alone.
The Street (here) reports J&J could be facing about $1 billion in liability for the 1,000 or so cases which allege J&J knew about the problems but continued to make the defective metal-on-metal hips to be implanted in the unsuspecting.
In an unusual move, the company has hired an outside firm, Broadspire Services Inc. to handle the recall of DePuy ASR hip implants and presumably to manage who should and who should not receive a replacement device.