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Product Liability & Recalls

The next IVC filter case goes to trial this week

Next IVC filter trial begins this week

The third bellwether trial involving C.R. Bard IVC filters began Tuesday, September 18 in Phoenix, AZ.   

Of the more than 9,000 lawsuits alleging that IVC filters have caused patients serious harm, C.R. Bard Inc. and Cook Medical Inc. face the largest number of cases, with about 4,000 each. 

Thus far, the first cases to go to trial have yet to yield a clear victor; there have been wins and losses on both sides, so it is difficult to say how this next trial will end. Cook won the first IVC filter trial last year, but then lost two substantial monetary verdicts in May 2017 and March 2018. Cook’s last win occurred on June 1st.

In Tuesday’s trial, a federal judge will oversee the multi-district litigation over C.R. Bard’s IVC filters. The plaintiff’s attorney, Ramon Lopez was quoted as saying this case could be “ […]

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Don’t rely on autopilot: Car safety tech still flawed, inconsistent

IIHS report on driver-assistance technology shows its flaws

New report from IIHS shows driver assist technology is still flawed and is no substitute for a fully attentive human driver. If you’re not paying attention, driver assist systems can even land you in a crash.

tesla driver assist techThe Insurance Institute for Highway Safety, known for their extensive crash testing and safety ratings, investigated just how reliable driver assistance technology is. Their findings varied by brand. But, the overall conclusion was that autonomous vehicle technology has a long way to go before human drivers can feel comfortable giving up the steering wheel.

The 2017 BMW 5-series, 2017 Mercedes-Benz E-Class,  2018 Tesla Model 3 and 2016 Model S, and 2018 Volvo S90 were evaluated.

What is driver assistance technology?

Driver assistance technology refers to the features in a car designed to help prevent collisions. […]

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Judge says Monsanto cancer case can move forward

roundup lawsuitEarlier this week, a federal judge ruled that lawsuits against agricultural giant Monsanto could proceed and that key plaintiffs’ witnesses may testify. The lawsuits allege that Monsanto’s weedkiller Roundup caused users to develop cancer.

This move represents a win for victims, but they will still face an uphill battle at trial, as the judge called their claims “shaky” but admissible.

Thousands of individual plaintiffs claim Monsanto’s widely used weedkiller RoundUp caused them to develop cancer and that Monsanto provided no consumer warning. Specifically, the lawsuits link the ingredient glyphosate to an increased risk of non-Hodgkins lymphoma, and claim that the company knew about the risk and failed to warn the public, going so far as to suppress research that suggested the product was dangerous. The ingredient glyphosate is considered a probable human carcinogen according to the World Health Organization’s International Agency for Research on Cancer.  […]

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Lawsuits Mount Against Makers of Xarelto

Lawsuits Against Makers of Blood-Thinner Drug Xarelto

bad drug lawsuit

Xarelto, a blood thinner used to prevent blood clots and strokes, was approved for medical use in the US in 2011. Xarelto was developed by Bayer and is marketed in the US by Janssen Pharmaceuticals Inc. (owned by Johnson & Johnson). Unlike some other anticoagulants, Xarelto does not require routine blood testing nor dietary restrictions of any form. However, the risks of this newer drug are much greater. Lawsuits allege that Xarelto can and has caused deadly internal bleeding.

Tens of thousands of plaintiffs have filed  Xarelto lawsuits against Bayer and Johnson&Johnson for such life threatening complications such as internal bleeding, wound leaks, infections, and strokes. The plaintiffs contend that they were not adequately warned about these risks. These cases have been consolidated into multi-district litigation in Louisiana.

What is Multi-District Litigation? […]

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IVC Filter Lawsuit Trial Starts This Week

The first case against medical device maker C.R. Bard goes to trial this week in Phoenix, AZ.

ivc filter lawsuit munley lawOver 3,000 lawsuits are pending against Bard in the United States. Plaintiffs allege that Bard’s IVC filter is unsafe and has been linked to serious complications and death. The bellwether trial, Sherr-Una Booker v C.R. Bard Inc. and Bard Vascular Inc, is scheduled to begin on March 13, 2018.  Booker has alleged that her complications include filter tilting, fracture and perforation according to DrugWatch.com. We will be watching closely to see how this trial unfolds and what the implications may be for other victims seeking legal recourse.

In a 2015 article, NBC news revealed that Bard continued to sell “G2” IVC filters for five years after it knew that the devices had potentially fatal flaws.  It goes on to state that a Bard document “that includes data through 2010 showed the G2 series filters had more fractures, […]

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Lawsuits claim Roundup weed killer causes cancer

Lawsuits Allege: Roundup Weed Killer Linked to Cancer

roundup cancer lawsuitHundreds of lawsuits allege that Roundup, a popular weed killer used on everything from crops to home gardens, has caused cancer in those exposed to it. They also claim that the makers of Roundup knew about the cancer risk, and failed to warn consumers.

Specifically, plaintiffs claim that exposure to Roundup increases the risk of:

  • Non-Hodgkin’s lymphoma (NHL) including B-cell and T-cell lymphoma
  • Leukemia

The main ingredient in Roundup, glyphosate, is the most widely used herbicide in the world.

Monsanto Misstates Research Findings

The lawsuits also allege that chemical giant Monsanto deceived consumers about the safety of their product. Though it is marketed as safe enough to use around pets and humans, studies have found that Roundup potentially very harmful to humans.  Court documents of Monsanto records and correspondence suggest that Monsanto worked with federal regulators at the EPA to manipulate the research and findings regarding the safety of glyphosate. […]

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FTC Faces Lawsuit Over Used Car Recall Dangers

takata recall used carIf you’re looking to buy a used car, how do you know if a vehicle is safe? Thanks to the Takata airbag recall, it’s become more complicated than ever before.

Consumer groups sued the Federal Trade Commission earlier this week for dangerously misleading used car buyers. Last year, the FTC reached a decision with General Motors and two major used-car chains allowing dealerships to advertise used cars as “certified pre-owned” even if they had an outstanding recall making them unsafe to drive. The lawsuit aims to overturn this decision.

Consumer safety groups filing the lawsuit include the Center for Auto Safety, Consumers for Auto Reliability and Safety, and the U.S. Public Interest Research Group and three of its state counterparts. They argue that the ruling leaves used car buyers vulnerable to potentially deadly defects.

The matter is further complicated by the immense volume of auto recalls in recent years. […]

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The IIHS Announces 2017 Top Safety Picks

2017 top safety picks carsThinking of buying a new car? The Insurance Institute for Highway Safety announced last week their 2017 Top Safety Picks.

Out of 200 models evaluated by the IIHS, 82 vehicles made the cut.

There are two awards categories: Top Safety Pick, and Top Safety Pick Plus. To qualify for either of these lists, vehicles must earn good ratings in a series of crashworthiness tests and advanced or superior ratings for crash prevention. In all, 44 earned Top Safety Pick status, and 38 Top Safety Pick Plus.

2017 Top Safety Pick Criteria

For the 3rd year in a row, automatic braking factored significantly into vehicle safety ratings. Automakers have voluntarily pledged to make automatic braking standard in all new vehicles by 2022. The feature has already become more common in new models. And that’s a good thing — […]

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Canada Issues IVC Filter Warning After Numerous Reports of Complications

canada health ivc filterIVC filter warning tells of defective blood clot prevention product

At the end of last month, Health Canada issued an updated IVC filter warning for physicians and patients.

After receiving 121 reports of severe problems associated with IVC filters as of June 6, the Canadian government’s public health department released updated information regarding the safety of these devices.

IVC Filter Warning: Blood Clot Filters Can Cause Harm

IVC (inferior vena cava) filters are tiny, spider-like wire filters used to prevent pulmonary embolism by catching blood clots that travel from the legs toward the lungs. Unfortunately, the FDA has received over 900 reports of complications. IVC filters can break apart, sending small metal fragments throughout the body. This can result in serious injury or death.

The longer the IVC filter remains in place, the greater the risk of complication. Retrievable IVC filters are intended for short-term use. […]

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Taxotere Lawsuits Mount as Alopecia Awareness Grows

taxotere alopeciaJuly is International Women with Alopecia Month.

Many of us here at Munley Law know or have known someone who has suffered from breast cancer.  Their struggle hits close to home. So, it is deeply troubling that some women who have won the fight against breast cancer continue to suffer long after treatment has ended.

Temporary hair loss is a common side-effect of chemotherapy treatment, but, in most cases, patients can expect that their hair will grow back. However, it has recently been revealed that one of the most common chemo drugs used to treat breast cancer, Taxotere,  is causing women to suffer permanent hair loss and alopecia.

Alopecia is a condition characterized by long-term or permanent baldness or loss of body hair, eyebrows, and eyelashes. For breast cancer survivors, permanent hair loss is more than a cosmetic issue – it is a physical, […]

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