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Class action lawsuits are legally defined as “a lawsuit that allows a large number of people with a common interest in a matter to sue or be sued as a group.” Basically, when a group of people have suffered the same or similar injuries from the same product, one big lawsuit can be filed against its manufacturer. Class action lawsuits involve complex litigation because they address a large number of complaints at once against a usually well-protected business.

Private causes of action

Ohio class action lawsuits are provisioned under Ohio Revised Codes as “private causes of action” at §1345.09 and applied under Rule 23 of the Federal Rules of Civil Procedure.

There are three types of class actions available under Rule 23:

Where separate actions would be adversely impact individual class members, and would “substantially impair or impeded their ability to protect their interests.”
Where the defendant must be compelled to act on grounds respective to the “class as a whole.”
Where the court must determine questions or facts mutual to the class individuals.

Most consumer class actions join multiple smaller claims from a large class of people. While it may be cost-prohibitive to litigate each small claim individually, there is indeed strength in numbers. The smaller common complaints collectively add up, increasing the likelihood of a successful outcome for each smaller claim. This is especially true when the defendant is a large corporation with endless resources.

Class members taking action

Our Cleveland personal injury attorneys protect the rights of class members in legal actions, successfully litigating claims lateral to these examples:

The Industrial Commission hearing process is fairly simple. Whenever there is an issue in dispute in a Workers' Compensation claim that issue will be addressed at a hearing before an Industrial Commission hearing officer. The disputed issue whether it be the allowance of the claim, or any other issue within the claim, will first be addressed by a District Hearing Officer(DHO). At that hearing, both sides can present evidence in support of their position on the disputed issue. The testimony of the injured worker and any other witnesses will be given and medical evidence will be presented. After all the evidence has been discussed, the DHO will make a decision and issue a written order of that decision. The decision will be mailed and the parties to the claim will receive that decision in approximately 7 days after the hearing.

Once the DHO order is received any party that disagrees with any part of the order can file an appeal of the DHO order within 14 days from receipt of the order. The appeal will be heard by an Industrial Commission Staff Hearing Officer(SHO). The hearing before the SHO is similar to the hearing that was held before the DHO. The testimony of all witnesses will given at the hearing and all parties can present evidence at the SHO hearing, just like at the DHO hearing. After all the evidence has been presented, the SHO will make a decision and issue a written order. The order will be mailed to all the parties and should be received by all the parties within 7 days from the date of the hearing.

Once the SHO order is received any party may file an appeal of the SHO order to the Industrial Commission of Ohio within 14 days of receipt of the SHO order. This appeal may or may not be heard before the Industrial Commission as the Industrial Commission has discretion as to which appeals will be heard. A great majority of the appeals filed with the Industrial Commission of Ohio are refused.

A work injury can affect every aspect of your life. Following these tips may give your claim a greater chance of being accepted, which means quicker treatment approval and quicker healing. When you are injured at work, your first action is to report the injury to someone. The best method is a written record but if that is not possible a verbal report should be given to the employer. Delays in reporting can cause a claim to be denied. Following the report, medical attention is essential. If you are injured you need to be seen by a doctor. The BWC/IC will only consider a medical diagnosis, by a doctor, not a nurse practitioner.

Once at the doctor, report a description of the injury. Injuries that just happen ARE NOT COMPENSABLE. For an injury to be a compensable WC claim, the injury must have been accidental and must have arisen out of or in the course of one's employment. It is not enough that an injury occurred while at work so be specific when reporting your injury to your doctor. Also it is important that the doctor know how you were injured so they can give a reliable opinion as to the allowed conditions and their relation to the work place accident. The doctors will then complete and submit to the BWC a First Report of Injury Form, and a claim number will be assigned to the injury. It is also recommended that the injured worker complete a First Report of Injury (FROI) form which is found at the BWC web site and submit it to the BWC. This will further support "reporting" an injury and will start the BWC processing for claim allowance. Most of the time, this FROI form is supplied by the medical provider.

Following your medical treatment, consider consulting an attorney. Workers’ Compensation has many time limits and forms that must be complied with to receive benefits. Similarly there are several other entities that are involved with the claim who will challenge all or part of the claim or treatment. Simply put, even if the employer agrees with the claim allowance, the other entities may appeal treatment or payment requests. You will need someone on your side to help you with your claim. Nager, Romaine & Schneiberg Co., LPA has a team of well trained, well experienced attorneys and paralegals who will review your claim and fight for your benefits and treatment. NRS is aggressive in their representation, and will ensure that you receive all the benefits that are appropriate in your claim.

Most issues in a workers' compensation claim are decided at the Industrial Commission of Ohio in front of a single hearing officer.  These hearings are informal and brief.  However, many issues in a workers' compensation case can be appealed into the County Courts of Common Pleas and be set for trial in front of a jury.

Whenever a condition is at issue administratively (and administrative appeals have been exhausted), it can be appealed to court.  Then, instead of a hearing officer making the decision on whether to allow or disallow a condition, a jury makes the decision.  The jury answers a yes or no question regarding the right to participate in the workers' compensation system for that condition.

The court litigation process starts by the filing of a Notice of Appeal and Petition/Complaint on Appeal.   Sometimes, a person’s condition is granted administratively and their employer files it into court by filing the Notice of Appeal.  Regardless of who starts the court process, the claimant has to prove their case all over again.  After the court case starts, the discovery process begins.  The discovery process typically entails the answering of written questions known as “interrogatories” and providing documents in a “request for production of documents”.  After written discovery is complete, depositions typically take place.  A deposition is when a person is sworn under oath and answers questions while a court reporter is typing everything down.

After discovery, the parties typically explore settlement.  The majority of workers’ compensation cases in court settle prior to ever going to Trial.  Most courts require parties to pursue settlement.  In the event the case does not settle, then other options may be reviewed.  The other options include going to trial or delaying the case for one year.   It is not always economically feasible to appeal every issue into the Courts of Common Pleas, but the lawyers at Nager, Romaine & Schneiberg aggressively pursue this right for their clients - something that cannot be said of MANY local workers' compensation attorneys.

The prescription sale of testosterone is a big business - nationally reaching $1.6 billion in 2011.  The percentage of men 40 and over being treated for what has been termed "Low T Syndrome" has tripled from 2001 to 2011.  Recent studies, though, have suggested that "Low T Syndrome" treatment offers no proven benefits for healthy men.  Rather, it seems that "Low T Syndrome" is an invention of pharmaceutical companies designed to sell treatment products.

The risks of using testosterone seem to far outweigh the proposed benefits.  Medical research has advised that men using testosterone may be at a significantly greater risk for a myriad of health issues, including cardiac events such as stroke, pulmonary embolism and death. (Increased Risk of Non-Fatal Myocardial Infarction Following Testosterone Prescription In Men, published January 2014; Association of Testosterone Therapy With Mortality, Myocardial Infarction, and Stoke in Men With Low Testosterone Levels, published November 2013).  The FDA announced on January 31, 2014 that it will commence investigation on the risk of stroke, heart attack and death with FDA approved testosterone products based on the recent medical research.

"Low T Syndrome" treatment products come in a variety of forms, including topical gels, transdermal patches, bucal systems and injections.  There are more than 25 of these "Low T Syndrome" treatment products on the market, but the most common are:  Androgel, Axiron Testopel, Androderm, Fortesta, Halotestin, Androxy, Testim, and Striant.

If you or a loved one has suffered a complication from the treatment of "Low T Syndrome" please contact an attorney at Nager, Romaine & Schneiberg Co., L.P.A in Cleveland, Ohio.  We would be happy to assist you regarding your testosterone injury case any where in the United States.  Please contact us today at 216-289-4740 or Toll Free from Ohio at (855) Got-Hurt.

The United States Food and Drug Administration has been expressing concern over treatment for male hypogonadism (low testosterone or “Low T”) for years. In June 2014, the FDA announced that manufactures of medications used for treating Low T were required to include a broader, more general warning of blood clots on their labels. These blood clots, also known as venous thromboembolism (VTE), include deep vein thrombosis (DVT) and pulmonary embolism (PE). The FDA enacted this policy as a result of receiving an increased amount of reports of blood clots from patients taking testosterone medication.

 

In January 2014, the FDA announced that they would be commencing investigations on the risk of stroke, heart attack, and death associated with FDA approved testosterone products.  Recently, the FDA posted on their website that on September 17, 2014, a joint meeting of the Reproductive and Urologic Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee will be held to discuss the “appropriate indicated population for testosterone replacement therapy and the potential for adverse cardiovascular outcomes associated with this use” (www.fda.gov).

 

Today, the amount of men experiencing symptoms of Low T is higher than ever. Not only is Low T occurring in as many as 1 in 4 men, but recently men in their 20s and 30s have been experiencing testosterone levels lower than the average of 300 nanograms per deciliter (www.heathline.com). The most common symptoms of Low T are fatigue, decreased motivation, increased body fat, and decreased libido.

 

What does all of this mean? If you are a male using testosterone medication, take note of the rising hesitation which agencies such as the FDA are expressing over such products. If you have any questions, or you or a loved one has suffered a complication from the treatment Low T, please contact the mass tort attoneys at Nager, Romaine & Schneiberg Co., L.P.A in Cleveland, Ohio. Call us today at 216-289-4740 or Toll Free from Ohio at (855) GOT-HURT.

Hip replacement surgery is expected to produce positive results for as long as 20 years or more, however, many metal-on-metal hip implants are failing within as little as 5 years or less. Your metal-on-metal hip implant may be defective if you experience pain in the groin, hip, or leg regions; swelling near the hip joint; a limp or change in walking ability; or hear any popping, grinding, clicking, or squeaking from the hip joint. A defective metal-on-metal hip implant may lead to the loss of muscle mass, fluid build-up, pseudotumors, and carcinogenesis (development of cancerous cells). Depending on the severity, these and other complications can require unexpected correctional surgery.

Particularly serious is the complication of metal poisoning, known as “metallosis.” This condition is caused by flakes of chromium and cobalt entering the body from excessive friction between the implant’s metal ball and metal socket. If not addressed, metallosis can lead to severe complications including intense pain, tissue and bone death, and organ failure. A blood test indicating elevated levels of chromium and cobalt is necessary to confirm the presence of metallosis. Initial side effects of metallosis may include confusion, feelings of malaise, gastrointestinal problems, emotional disturbance, recurring infections, dizziness, headaches, skin rashes, and feelings of burning, tingling, or numbness in the extremities.

Recently, the premature failure rates and design flaws of metal-on-metal hip replacements have prompted several manufacturers to voluntarily recall one or more of their products. As a result, many lawsuits have been filed against companies such as Biomet, DePuy, Smith & Nephew, Stryker, Wright Medical Technology, and Zimmer.

The law offices of Nager, Romaine & Schneiberg Co., L.P.A. are here to passionately advocate on your behalf. If you or a loved one has unfairly suffered the complications of a defective metal-on-metal hip replacement, contact the mass tort attorneys at NRS TODAY at 216-289-4740 or Toll Free from Ohio at (855) GOT-HURT. Because this is a mass tort claim, there is only a limited amount of time to act!

The controversial drug Actos (pioglitazone) used to treat Type 2 Diabetes has been linked to an 83% increased risk of bladder cancer (www.bmj.com). As a result, thousands of lawsuits have been filed against the drug’s manufacturer, Takeda Pharmaceuticals and its partner Eli Lily. In April of this year, a Louisiana jury in the first of several of bellwhether cases, granted the plaintiff an award of $1.475 million in compensatory damages and $9 billion in punitive damages - $6 billion by Takeda and $3 billion by Lily. The plaintiff, a man who had been diagnosed with bladder cancer after using Actos for several years, argued that he believed the drug to be safe as indicated by the drug’s promotion, advertisements, marketing, and labeling. The jury found that Takeda and Eli Lilly recklessly endangered the lives of unwilling patients by knowingly hiding the drug’s harmful effects from consumers. Takeda and Lily were also found to have accidently or intentionally destroyed incriminating but relevant evidence before the trial started.

While Takeda and Lily seek to appeal the verdict, altogether, 3,000 lawsuits relating to the drug Actos are pending in the federal courts, with an estimation of that number growing to 10,000 (www.bloomberg.com). Actos is a popular medication and at one point was the 10th most prescribed drug in the United States as well as Takeda’s best-selling drug with sales of $3.4 billion in 2013.

Be advised that the following symptoms are potentially associated with bladder cancer: bloody urine, pain with urinating, increased urge to urinate, and unusual back pain. Actos has been recalled in France, Germany, and India, and although the drug has not been recalled in the United States, you still have rights and legal options as a consumer.

The mass tort attorneys at Nager, Romaine & Schneiberg Co., L.P.A., are investigating claims involving the development of bladder cancer after one year of using any of the medications including: Actos, Actoplus Met, Actoplus Met XR, and Duetact. Contact us TODAY at 216-289-4740,  toll free from Ohio at (855) GOT-HURT, or fill out our contact form.

A new study published in the Journal of the American Medical Association (JAMA) confirms risks and fears previously published by the FDA that the use of laparoscopic power morcellator (LPM) medical devices during hysterectomies and fibroid removal can cause the spread of benign and malignant tissue throughout the body and result in the growth and spread of cancers. (Click here to read the FDA Executive Summary on Laparoscopic PowerMorcellation during Uterine Surgery for Fibroids)

LPM devices are used to break up the tissue of the uterus during hysterectomies and fibroid removal. The problem, as cited by the FDA and confirmed in the JAMA study, is that even though patients are screened for cancer prior to the procedure, cancers such as sarcoma and endometrial cancer have a probability of being missed during the pre-procedure screening. Thus, when cancer goes undetected and a LPM device is used it is essentially cutting into cancer cells and spreading those cancer cells throughout intraperitoneal cavity (an area inside the abdomen shared by digestive organs, reproductive organs and supplied with a rich blood supply). This greatly increases the risk to patients of spreading cancer throughout the body.  In the April 11, 2014 edition of the Wall Street Journal a compelling article was published which addressed the recent discovery about the danger of LPMs which have been in use since 1990. (Click here to read the full article)

If you’ve had a hysterectomy or fibroid removal and a LMP device was used during the procedure and you subsequently developed cancer or other injuries from the procedure, you may have a claim. Please contact the mass tort attorneys at NRS Injury Law by filling out our contact form or call us toll free at (855)GOT-HURT (or 855-468-4878) to speak with our experienced staff to discuss your circumstances.

Have you or a family member been affected by the adverse effects of Xarelto? Then you may want to learn more about dangerous side effects and the potential for filing a lawsuit.

Background

Approved by the FDA in 2011, Xarelto is an anticoagulant blood thinner manufactured by Bayer and marketed in the U.S. by Johnson & Johnson’s subsidiary, Janssen Pharmaceuticals. Similar to other blood thinners such as Coumadin and Pradaxa, Xarelto is prescribed to reduce the risks of stroke and blood clots in individuals suffering from atrial fibrillation, also known as A-Fib.

Bleeding Side Effects

Unfortunately, Xarelto can also cause uncontrollable bleeding. The drug does not have an antidote and those filing lawsuits after being injured by the drug say they were not sufficiently warned before taking Xarelto. The first complaints were filed in early 2014, and by mid-2015 the number of claims involved in the Xarelto litigation has already reached 2,000.

Last May, a suit was filed in Pennsylvania on behalf of a woman who died after taking Xarelto. The Xarelto bleeding lawsuit states that Bayer and Janssen Pharmaceuticals, “fervently marketed” Xarelto without regard for reports of 356 serious, disabling and fatal injuries involving major bleeding, hemorrhaging and death. A Florida woman also filed suit after her husband died after taking Xarelto to treat A-Fib. Further, the drug is suspected of causing 72 deaths in the first quarter of 2013 in Germany alone.

FDA Issues Serious Warnings

The FDA has issued two block box (the strictest) warnings on Xarelto:

No-Cost Evaluation

The Xarelto attorneys at Nager, Romaine & Schneiberg are here to advocate on your behalf. If you or a loved one has experienced life-threatening and related side effects following the use of Xarelto, you may be entitled to compensation. These may include:

The Xarelto lawyers at NRS will evaluate the feasibility of a lawsuit and help determine whether you are entitled to compensation. Call NRS at 216-289-4740, or toll-free form Ohio at (855) GOT-HURT. You can also fill out our contact form for a free consultation.

Have you or a family member been affected by the adverse effects of SSRI anti-depressants? Then you may want to learn more about dangerous side effects and the potential for filing a lawsuit.

Background

Selective Serotonin Reuptake Inhibitor (SSRI) antidepressants may cause serious birth defects in infants whose mothers take the drugs while pregnant, especially during the early months of pregnancy. Potential SSRI birth defects include persistent pulmonary hypertension, as well as other congenital heart and lung conditions. SSRI birth defects have an enormous impact on a child’s quality of life, and impact the emotional and financial well-being of the entire family.

SSRI Drugs

Families whose children were born with a birth defect may be eligible to file an SSRI birth defect lawsuit if the child’s mother took any of these drugs during pregnancy, including:

Zoloft (Generic: sertraline)
Lexapro (Generic: escitalopram)
Paxil (Generic: paroxetine)
Celexa (Generic: citalopram)
Prozac (Generic: fluoxetine)

No-Cost Evaluation

If you took an SSRI antidepressant drugs during pregnancy and your child was born with a congenital heart, lung or other birth defect, legal advice from an SSRI birth defect attorney experienced with SSRI lawsuits should be sought immediately.

The SSRI Birth Defect lawyers at Nager, Romaine & Schneiberg Co., L.P.A. represents the victims of defective drug side effects, including those caused by SSRI anti-depressants. We’ll evaluate the feasibility of a lawsuit and help determine whether you are entitled to compensation. Contact a SSRI Birth Defect attorney for a free, no obligation lawsuit evaluation today. Call us at 216-289-4740, or toll-free at (855) GOT-HURT. You may also fill out our contact form for a free consultation.

More than one million Americans have a knee or hip replaced each year to relieve pain, improve movement and help the joint function better. However, many metal-on-metal (MoM) hip implants are failing in as little as five years or less.

Defective MoM implants can lead to the loss of muscle mass, fluid build-up, pseudo tumors and carcinogenesis, the development of cancerous cells. One of the most serious conditions, called metallosis, or metal poisoning, is identified through a blood test. If left untreated, metallosis can cause intense pain, tissue and bone death, and even organ failure.

What to Watch For

Initial side effects related to a defective MoM implant can include:

Additional signs of a defective implant may include:

Hip dislocation may occur when the muscle deteriorates. Depending on the severity, these and other complications may require unexpected correctional surgery.

MoM Hip Replacement Recalls/Lawsuits

Responding to premature failure rates and design flaws of MoM hip replacements, several manufacturers have voluntarily recalled one or more of their products. As a result, many lawsuits have been filed against multiple manufacturers including Biomet Inc, Styker Orthopaedics and DePuy ASR, a Johnson & Johnson company. Revision surgery is generally a pre-requisite for any MoM hip legal case, but it is not necessary to pursue a claim, if conditions for revision are evident.

What to Do

The hip replacement attorneys of Nager, Romaine & Schneiberg Co., L.P.A. are here to passionately advocate on your behalf. If you or a loved one has suffered a complication of a defective MoM hip replacement, call the metal-on-metal hip replacement lawyers at NRS now at 216-289-4740, or toll-free at (855) GOT-HURT. We will evaluate the feasibility of a lawsuit and determine whether you are entitled to compensation.

Have you or a family member taken Risperdal as a child or adolescent and developed gynecomastia (breast growth) as a result? If so, you may want to learn more about dangerous side effects and the potential for filing a lawsuit.

Background

Risperdal (risperidone) is an antipsychotic medication sold by Johnson & Johnson and approved by the U.S. Food and Drug Administration (FDA) to treat schizophrenia. Eventually, the FDA approved Risperdal for additional uses, including bipolar disorder and autism. It is also used to treat attention deficit hyperactivity disorder (ADHD), anxiety, insomnia and depression. Unfortunately, Risperdal can cause serious side effects.

Risperdal and Gynecomastia

A growing body of research has shown a disturbing link between Risperdal and gynecomastia, which is the enlargement of a man's breasts, sometimes due to hormone imbalance or hormone therapy. With Risperdal, the problems stem from an overabundance of the hormone prolactin. Hundreds of boys who took Risperdal suffered breast tissue enlargement; some were forced to have surgery to remove the tissue.

Even more disturbing, Johnson & Johnson may have tried to conceal information that indicated Risperdal could cause male breast growth in boys in order to protect sales of the drug. Risperdal lawsuits also claim that the company illegally marketed this powerful antipsychotic drug to children.

Other Side Effects

Risperdal can also cause movement disorders, diabetes and even death. As a result of these side effects, a number of patients and their families filed lawsuits against Johnson & Johnson.

No-Cost Evaluation

Hundreds of young men and boys have filed Risperdal lawsuits seeking compensation from Johnson & Johnson for the pain and suffering they endured after developing gynecomastia.

Risperdal gynecomastia is a devastating condition that can have far reaching effects on a boy’s social development and quality of life.

The Risperdal attorneys at Nager, Romaine & Schneiberg are here to advocate on your behalf. Call us for a free, no obligation Risperdal gynecomastia lawsuit consultation to ensure you are treated fairly and receive all of the compensation the law allows. We are here to passionately advocate on your behalf.

Call us at 216-289-4740, or toll-free at (855) GOT-HURT. You can also fill out our contact form for a free consultation.

Testosterone products, which are prescribed to treat low testosterone (“Low T”) in men, have become popular among young men seeking physical enhancement and older men who want to counter signs of aging. Recent studies, though, have suggested that "Low T Syndrome" treatment offers no proven benefits for healthy men. Rather, it seems that "Low T Syndrome" is an invention of pharmaceutical companies designed to sell treatment products.

Far worse, there is growing concern that these products have serious side effects and long-term risks, particularly related to the heart. Medical research has advised that men using testosterone may be at a significantly greater risk for a myriad of health issues, including cardiac events such as stroke, pulmonary embolism and death. (Increased Risk of Non-Fatal Myocardial Infarction Following Testosterone Prescription In Men, published January 2014; Association of Testosterone Therapy With Mortality, Myocardial Infarction, and Stoke in Men With Low Testosterone Levels, published November 2013).

Lawsuits Filed

In March 2015, the FDA issued a safety warning that testosterone drugs may increase the risk of stroke, heart attack and death in men taking FDA-approved testosterone products.

Over 1,000 lawsuits filed by men who say testosterone drugs caused their cardiovascular problems are pending in federal court. More specifically, men are filing lawsuits against the maker of Androgel and other Low-T product manufacturers. As the medical community learns more about adverse events from Low T therapies, drug makers’ statements about risks and benefits will come under more scrutiny.

What to Do

If you or someone you love has suffered serious medical conditions after taking testosterone products or supplements, call the low testosterone treatment attorneys at Nager, Romaine & Schneiberg Co., L.P.A. We will evaluate the feasibility of a lawsuit and determine whether you are entitled to compensation. Please contact us today at 216-289-4740, Toll Free from Ohio at (855) Got-Hurt, or by filling out our No-Risk Consultation form.

If you are at risk for blood clots, your physician has likely prescribed a blood thinner. However, if you are like some patients who can’t take blood thinners, your doctors might have recommended the implantation of a small metal device, called a retrievable inferior vena cava (IVC) filter.

The inferior vena cava is the largest vein in the body. To keep blood clots from traveling through this vein into the lungs, possibly causing death, the surgeon implants a retrievable IVC filter into the vein using a catheter. The filter is meant to work by trapping blood clots before they reach the lungs.

IVC filters are not new; in fact, they have been implanted in more than 259,000 by 2013. The problem is that in some cases faulty filters have punctured veins and migrated to other parts of the body where they cause life-threatening complications.

Past recipients of retrievable IVC filters have filed lawsuits against manufacturers C.R. Bard and Cook Medical for poor design, manufacturing and failure to warn about the risks. In fact, the Food and Drug Administration (FDA) issued a safety alert back in 2010 detailing the potential hazards of the device, including heart attack and stroke as well as punctured organs. In 2014, the FDA updated this safety communication with recommended instructions about when the device should be removed.

If you or a member of your family has suffered complications from a faulty IVC filter, you may be entitled to compensation in an IVC filter lawsuit. The attorneys at Nager, Romaine & Schneiberg Co., L.P.A. are here to advocate on your behalf. Call us at 216-289-4740, or toll-free from Ohio at (855) GOT-HURT. You can also fill out our No-Risk Consultation form.

Do you or a loved one use talcum powder as part of your personal hygiene routine? If so, then you may want to learn more about a recent civil suit that found corporate giant Johnson & Johnson (J&J) liable for an Alabama woman’s ovarian cancer—a cancer which she claimed in the lawsuit resulted from using J&J’s Baby Powder and Shower to Shower powder, both of which contain talcum powder.

Background

According to court papers, Jackie Fox, of Birmingham, Alabama, was diagnosed with ovarian cancer in 2013 and subsequently sued J&J, claiming that the company failed to inform consumers like her about the dangers of talc, which is found in baby powder. She died last fall at age 62 after her cancer returned.

In the wake of Fox’s death, her son, Marvin Salter, took over the case. On Feb. 22, a St. Louis, Mo. jury awarded Fox’s estate $10 million for compensatory damages and $62 million for punitive damages, according to the Associated Press (AP).

While the damage awards are significant, Fox’s case is anything but uncommon. In fact, the Beasley Allen Law Firm, which represented Fox, has multiple civil cases currently pending against J&J related to its talcum-containing products. Beyond that, the AP reports that more than 1,200 civil suits are currently active against J&J related to its talcum-containing products.

During Fox’s trial, her lawyers claimed that the company was aware of the possible risk of using products containing talc for feminine hygienic use.

According to the AP, attorneys introduced into evidence a September 1997 internal memo from a J&J medical consultant suggesting a link between talcum powder and ovarian cancer. In the memo, the consultant reportedly wrote that anyone who denied the risk between hygienic talc powder use and ovarian cancer would be "denying the obvious in the face of all evidence to the contrary.”

According to ABC News, two published studies on a possible link between ovarian cancer and exposure to talc powder have proven inconclusive. One 2010 study examined 200,000 women, where 721 cases of ovarian cancer were reported. The study determined that there was a potential association with a specific sub-type of ovarian cancer; but researchers emphasized that too many variables existed to make a direct association between talcum powder and cancer risk.

Another study, according to ABC News, examined data on 11,933 women and found that a possible tie between talcum powder and ovarian cancer couldn’t be determined due to other variables.

For its part, J&J stands by the talc used in all “global products.” In a statement, Carol Goodrich, a Johnson & Johnson spokeswoman, said, “The recent U.S. verdict goes against decades of sound science proving the safety of talc as a cosmetic ingredient in multiple products, and while we sympathize with the family of the plaintiff, we strongly disagree with the outcome.” Goodrich said in a statement.

No-Cost Evaluation

The attorneys at Nager, Romaine & Schneiberg are here to advocate on your behalf. If you or a loved one has – or you believe there is a risk of ovarian cancer – you may be entitled to compensation. If you have questions about a Johnson & Johnson Johnson’s® Baby Powder lawsuit, call the talcum powder lawsuit attorneys at Nager, Romaine & Schneiberg Co., LPA. We will evaluate the feasibility of a lawsuit and help determine whether you are entitled to compensation. Call NRS at 216-289-4740, or toll-free from Ohio at (855) GOT-HURT. You can also fill out our contact form for a free consultation.

In a recent blog post, we alerted you to a civil suit that found corporate giant Johnson & Johnson (J&J) liable for an Alabama woman’s ovarian cancer—a cancer which she claimed in the lawsuit resulted from using J&J’s Baby Powder and Shower to Shower powder, both of which contain talcum powder.

Now, on Monday, May 2, a U.S. jury in a Missouri court has ordered J&J to pay $55 million to a 62-year-old South Dakota woman who stated that she too got ovarian cancer from using J&J’s talcum powder products. This is the second time in 2016 that J&J has lost a trial in which its talc-based products were accused of causing cancer.

Background

In this latest trial, Gloria Ristesund was awarded $5 million for compensation and another $50 million in punitive damages by state court jurors in St. Louis. Ristesund was diagnosed with cancer in 2011, which she stated was “a direct and proximate result of the unreasonably dangerous and defective nature of talcum powder,” for nearly 40 years of her life. Ristesund underwent a hysterectomy and related surgeries, and her cancer is thankfully currently in remission.

Currently, more than 1,200 civil suits are active against J&J alleging inadequate warnings about cancer risks for its talcum-containing products – most notably, its signature Baby Powder and Shower to Shower. In Ristesund’s case, the trial took only three weeks, and jurors deliberated for no more than a day, before the verdict was returned in her favor. J&J is planning to appeal the verdict.

In the earlier 2016 verdict against J&J, Jackie Fox, of Birmingham, Alabama, was diagnosed with ovarian cancer in 2013 and subsequently sued J&J, claiming that the company failed to inform consumers like her about the dangers of talc. She died last fall at age 62 after her cancer returned.

In the wake of Fox’s death, her son, Marvin Salter, took over the case. On Feb. 22, a jury awarded Fox’s estate $10 million for compensatory damages and $62 million for punitive damages, according to the Associated Press (AP). Interestingly, both cases were tried in the same St. Louis courthouse.

No-Cost Evaluation

The attorneys at Nager, Romaine & Schneiberg are here to advocate on your behalf. If you or a loved one has — or you believe there is a risk of ovarian cancer — you may be entitled to compensation. Call the talcum powder lawsuit attorneys at Nager, Romaine & Schneiberg Co., LPA. We will evaluate the feasibility of a lawsuit and help determine whether you are entitled to compensation. Call NRS at 216-289-4740, or toll-free from Ohio at (855) GOT-HURT. You can also fill out our contact form for a free consultation.

A class of widely prescribed and over-the-counter drugs known as Proton Pump Inhibitors (PPIs) is making news recently for all the wrong reasons; namely, the purported links of PPI drugs to kidney damage.

Proton Pump Inhibitors (PPIs) are the most widely used drugs in the U.S., with more than $13 billion in sales in 2015. PPIs include such well-known brand names as Nexium, Prilosec, Previcaid, Dexilant, Protonix and Aciphex. These drugs are available over the counter or by prescription and are marketed to treat heartburn, indigestion, gastritis and acid reflux.

PPIs reduce the production of acid by blocking the enzyme in the wall of the stomach that produces acid. Acid is necessary for the formation of most ulcers in the esophagus, stomach and duodenum, and the reduction of acid with PPIs prevent ulcers and allows any ulcers that exist in the esophagus, stomach and duodenum to heal.

CNN recently reported on a newly published study which concludes that PPI users have a 96% increased risk of developing end-stage renal failure, and a 28% increased risk of developing chronic renal failure compared to people taking alternative reflux medications.

Numerous other studies have found that PPIs have a statistically significant association with kidney damage, with odds ratios between 1.5 and 3.0, depending on the precise injury.

Medical literature reveals that reports of kidney damage dates back to the 1990s. However, the first time that any warning regarding potential kidney injury appears on product labels was December 2014—and that warning was limited to acute interstitial nephritis.

Symptoms of kidney disease include fever, blood in the urine, nausea or vomiting, weight gain, and skin rash. Regular users of proton pump inhibitors for heartburn should be aware that these symptoms may indicate renal failure caused by use of their acid reflux medication.

No-Cost Evaluation

PPI users who suffered (1) acute interstitial nephritis, (2) acute kidney disease/failure, (3) chronic kidney disease/failure, or (4) transplant, dialysis or death all may have viable claims. If you or a loved one suffered kidney disease or renal failure as a result of taking a PPI for heartburn, indigestion, gastritis or acid reflux, you need to seek immediate legal advice. Contact the Ohio personal injury attorneys at NRS Injury Law by filling out our No-Risk Consultation form, or call (855) GOT-HURT and speak with one of our trained staff members.

Fluoroquinolone (FLQ) antibiotics are common antibiotics used to treat respiratory infections and urinary tract infections. FLQs are widely prescribed by doctors who are often unaware of their dangers and the serious — and sometimes permanent — damage they can inflict upon the human body. Many doctors also over-prescribe FLQs for other conditions that do not require an antibiotic of this strength.

 

Commonly prescribed fluoroquinolones include Avelox, Cipro, Factive, Floxin, Levaquin and Noroxin.

FLQs and the Onset of Peripheral Neuropathy: Know the Symptoms

Peripheral neuropathy is a condition caused by FLQs that is characterized by damage to the nerves that send information to and from your brain and spinal cord and the rest of your body. The damage can interrupt these vital connections.

Symptoms can vary depending on which specific nerves suffer damage. The symptoms generally appear in the arms and legs and include any or all of the following:

In most cases, the onset of symptoms occurs within only a few days of starting on the medication. Moreover, symptoms can linger for months, even after stopping the medication. Many people who were unaware of the possible adverse effects of FLQs have reported long-term and irreparable nerve damage as a result of taking them.

Consequently, the FDA has mandated that all drug labels must be updated to warn that the risks of FLQs are potentially irreversible. Many fluoroquinolone medicines have already been removed from the market, and those that haven’t contain black box warnings of possible serious injury that can occur.

No-Cost Evaluation

If you or a loved one has taken an FLQ antibiotic and sustained serious injuries as a result, you need to seek immediate legal advice. Contact the Ohio personal injury attorneys at NRS Injury Law by filling out our No-Risk Consultation form, or call (855) GOT-HURT and speak with one of our trained staff members.

In 2015, we alerted you to the dangerous side effects of Risperdal, a bipolar drug. Now, it has been reported this month that 13,000 men are suing the drug’s manufacturer, Johnson & Johnson, saying it gave them breasts through a condition known as gynecomastia (breast growth).

If you or a family member taken Risperdal as a child or adolescent and developed gynecomastia as a result? If so, you may want to learn more about dangerous side effects and the potential for filing a lawsuit.

Background

Risperdal (risperidone) is an antipsychotic medication sold by Johnson & Johnson and approved by the U.S. Food and Drug Administration (FDA) to treat schizophrenia. Eventually, the FDA approved Risperdal for additional uses, including bipolar disorder and autism. It is also used to treat attention deficit hyperactivity disorder (ADHD), anxiety, insomnia and depression. Unfortunately, Risperdal can cause serious side effects.

Risperdal and Gynecomastia

A growing body of research has shown a disturbing link between Risperdal and gynecomastia, which is the enlargement of a man's breasts, sometimes due to hormone imbalance or hormone therapy. With Risperdal, the problems stem from an overabundance of the hormone prolactin. Hundreds of boys who took Risperdal suffered breast tissue enlargement; some were forced to have surgery to remove the tissue.

Even more disturbing, Johnson & Johnson may have tried to conceal information that indicated Risperdal could cause male breast growth in boys in order to protect sales of the drug. Risperdal lawsuits also claim that the company illegally marketed this powerful antipsychotic drug to children.

In 2006, after more than a decade of Risperdal’s availability on the market, Johnson & Johnson added gynecomastia as a side effect on the drug’s label.

Other Side Effects

Risperdal can also cause movement disorders, diabetes and even death. As a result of these side effects, a number of patients and their families filed lawsuits against Johnson & Johnson.

No-Cost Evaluation

Hundreds of young men and boys have filed Risperdal lawsuits seeking compensation from Johnson & Johnson for the pain and suffering they endured after developing gynecomastia. Since the drug first went on the market in 1994, Johnson & Johnson has paid out in excess of $2 billion in penalties and complaints.

Risperdal gynecomastia is a devastating condition that can have far reaching effects on a boy’s social development and quality of life. The Risperdal attorneys at Nager, Romaine & Schneiberg are here to advocate on your behalf. Call us for a free, no obligation Risperdal gynecomastia lawsuit consultation to ensure you are treated fairly and receive all of the compensation the law allows. We are here to passionately advocate on your behalf.

Call us at 216-289-4740, or toll-free at (855) GOT-HURT. You can also fill out our contact form for a free consultation.

IVC Filter Failures

An interior vena cava filter, commonly referred to as an IVC filter, is placed to filter blood clots in high risk patients. The IVC filter functions to catch clots before they make their way from the legs and pelvis of a patient, to the lungs and heart.

IVC filter use is widely debated in the medical world. While proponents argue IVC filters prevent dangerous blockages and/or pulmonary emboli, others believe IVC filters can fail at random, travel and cause damage to other organs; even worse, increase the risk of a DVT (deep vein thrombosis).

IVC Filter Use

For many patients the outcome after IVC filter placement fairs far worse than the original prognosis. IVC filter failure can pose a very serious risk to patients.

Those at risk for an IVC filter include;

An IVC filter may be recommended for temporary placement while the risk of a clot or PE is high following an above diagnosis or trauma.

The Risks of IVC Filters

IVC filter risks are present immediately following placement of the filter. This is so alarming that the FDA has even issued warnings.

Removing an IVC Filter as soon as it medically safe, or avoiding its use altogether, is the only way to mitigate the risks of IVC filters and surgical complications.

If you or a loved one suffered serious complications following surgery in which an IVC filter was placed, call us NRS today.

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