Unsafe Medical Devices & Drugs

Jury Awards $3.27 Million in Transvaginal Mesh Case

Tad Thomas, Esq. This month in West Virginia, a jury awarded $3.27 million in damages to an Illinois couple for claims regarding a transvaginal mesh device. The device, Gynecare TVT-Oburator (“TVT-O”) is a transvaginal mesh sling used to treat stress urinary incontinence and is manufactured by Johnson & Johnson subsidiary, Ethicon. Jo Huskey, 52, had the device implanted, but within a year had it removed due to pelvic pain and discomfort during sexual intercourse. Huskey and her husband filed lawsuit, alleging not only that the device was defectively designed, but that J&J and Ethicon failed to warn doctors and patients …

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AL Supreme Court Holds Brand-Name Drug Companies May Be Liable for Generic Drug Injuries

Chris Welsh, Esq. The liability of brand-name and generic drugs is a big issue these days (I’ve already been blogging on the matter). Federal law states that brand-name and generic drugs must be identical in chemical composition and label warnings. Two major differences split the two: name and number. Well known brand-name drug companies names have a big budget for marketing their name; even so, generic drugs make up 80% of the market. Basically, brand-name drugs are well-known and often referenced, generic drugs, being more affordable, are prescribed more often. So what’s the problem? 1) Updating labels and 2) determining liability …

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Makers of Drug Linked to Bladder Cancer Say Damages Verdict Isn’t Warranted

Tad Thomas, Esq. The verdict of a case involving damages caused by the drug Actos should be upheld, plaintiff’s attorneys say. Co-counsel for the plaintiffs say that drug corporations, as provided of chemicals to be ingested by millions of people, should have the highest level of deterrence from engaging in reckless conduct. On the other end, Defendants Takeda Pharmaceutical Co. Ltd. and Eli Lilly and Co. have moved for a new trial under Federal Rule of Civil Procedure Rule 59 and judgment as a matter of law under Rule 50. They argue that the punitive damages award of $9 billion …

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Johnson & Johnson Pulls Hysterectomy Device For Possible Cancer Risk

A few months ago, we blogged about the risk of a laparoscopic device that poses serious risk to women. If you haven’t read it yet, it is certainly worth a read. The device uses power morcellation to remove the uterus or uterine fibroids, but may cause the spread of undetected cancerous tissues in the process. A few days ago, Johnson & Johnson, the largest maker of the device, decided to withdraw the device from the market and asked that all the devices returned. The FDA reports that approximately 1 in 350 women that undergo such surgery have an unsuspected type …

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GlaxoSmithKline to Pay for Deceptive Drug Marketing

Chris Gilreath, Esq. Last week, Attorney General Bob Cooper announced a groundbreaking moment for consumer protection in the pharmaceutical market.  Mr. Cooper and 44 other state Attorney Generals from multiple states reached a settlement of $105 million with GlaxoSmithKline, LLC., for the company’s alleged false and aggressive advertising of asthma drug, Advair, as well as anti-depressants Paxil and Wellbutrin. The suit was based on allegations that GSK over-promoted the medications beyond FDA approval for the purpose of increasing profits. While critics may scoff at the lawsuit and its settlement, it is a watershed moment for consumer safety. The global pharmaceutical market …

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