Articles Posted in Class Action Lawsuits

It is buyer beware when any product label says, “Intended to prevent, treat or cure diseases”. It is particularly buyer beware for the website called www.oxygentherapyprogram.com and its products called Oxygen Therapy (35% Food Grade Hydrogen Peroxide) and Inositol.

Recently, the Food and Drug Administration completed an investigation of 35% Food Grade Hydrogen Peroxide and Inositol and noted several FDA violations. In Fact, the Food and Drug Administration documented that there may be more deficiencies associated with the two products.

First, since the products are intended to diagnose, cure, mitigate, treat, or prevent disease, they fall under the category of classified drugs defined in the Federal Food, Drug, and Cosmetic Act. As such, these products must be recognized as safe and effective for their labeled uses. However, these drugs were not approved by the FDA for safety and efficacy. In addition, new drugs that fall under the classification of the Food, Drug, and Cosmetic Act are not permitted to be introduced to the public until they have been approved. Both 35% Food Grade Hydrogen Peroxide and Inositol have been sold to the public without FDA approval.   The FDA also discovered that the product label did not provide adequate directions for a person to use the product without the advice of a physician. This is a misbranding violation.

Advanced Bionics took swift action to recall the company’s HiRes 90K cochlear implant device and all un-implantable devices that have been distributed. This hearing aid recall was initiated following two reports from users who experienced excessively loud sounds, shocking sensations and a high level of discomfort. These side effects occurred within eight to ten days of initial use of the hearing aid.

At present, Advanced Bionics does not know why the HiRes 90K cochlear implant device and the company’s unimplantable devices are producing such side effects. The company is working with the Food and Drug Administration to determine the root cause that prompted the hearing aid recall. Typically, flaws in the design of the product or in safeguards of the product are the reasons for malfunction in products.

Hearing aids have come a long way from the first ear trumpet style versions of the 1700’s. By the mid 1850’s, a thin metal device was designed to meet specific needs for the hearing impaired. Nearing the 1900’s, ear tubes with speaker connections gained popularity. By the 1940’s, more modern hearing aids were developed and were offered in a variety of sizes to meet the specific needs of individual users. By the end of the 50’s, hearing aid styles were smaller due to advancements in microphone and battery technology.  In the 1990’s, digital processing hearing aids took over the marketplace, which provided greater clarity, a full range of tones and a more discreet appearance.  With the advent of digital technology, designs specifications have changed and hearing aid manufacturers are dedicated to creating advanced design specifications that do not pose risks for consumers.

The dietary supplement known as Duro Extend Capsules, manufactured by Intelli Health Products, has been recalled throughout the nation.  Intelli Health Products took this step after the Food and Drug Administration produced results from an analysis of the product showing that it contains Sulfoaidenafil.  Sulfoaidenafil is an ingredient that is FDA approved for the treatment of erectile dysfunction.  The reason why Sulfoaidenafil must be FDA approved is because the drug can negatively interact with other prescription drugs when taken together, such as with nitroglycerin. In addition, Duro Extend Capsules may lower your blood pressure to a high risk level. These two noted risks place people with high blood pressure, diabetes, high cholesterol and heart disease in danger for serious adverse reactions that may be life threatening when taking Duro Extend Capsules with their prescriptions for their medical condition.

Duro Extend Capsules are sold across the U.S. in a blister pack containing one capsule per unit, 12-pack, 24-pack display boxes, or 3 count and 10 count bottles. All lot numbers have been recalled by Intelli Health Products.

People who have experienced an adverse reaction when using the dietary supplement should contact their physician immediately. All consumers using the product should stop using it immediately and return the unused portion to the place of purchase.

Last year alone, roughly 10 million people in the U.S. used propoxyphene, known under the brand names Darvocet and Darvon, to relieve post operative pain.  It is unknown how many people have died or been seriously injured since the drug was approved in 1957. Recently, Public Citizen, a consumer advocacy group, petitioned the Food and Drug Administration to ban the drugs from the U.S. market, stating that the drugs caused over 2000 deaths, are highly addictive, and are not more effective than other safer pain relievers.

In June 2010, Public Citizen alleged that the Food and Drug Administration violated the law by failing to act on a petition that was originally filed in 2006. The FDA discovered over 3000 serious side effect cases involving Darvocet or Darvon. In December of this year, Darvocet and Darvon have been banned from the U.S. market.

The list of life threatening side effects associated with Darvocet and Darvon include: serious or fatal heart arrhythmia, heart attack, cardiac arrest, heart valve issues, myocardial infarction, pacemaker implantation, overdose, and suicide. The Public Citizen group determined that the risks associated with Darvocet and Darvon outweighs the benefit of pain relief, which can be accomplished by other less harmful drugs.

In October 2010, JP Morgan Chase announced that the company would be temporarily suspending certain foreclosure processes following the discovery that court documents were not being properly reviewed by third party personnel. JP Morgan Chase had allocated some of its foreclosure verification processes to third party foreclosure companies. However, JP Morgan determined that the personnel at the third party companies were not reviewing or properly notarizing foreclosure affidavits before signing off on them.

Consequently, two lawsuits have been filed against JP Morgan Chase regarding their methods for managing foreclosures. The lawsuits were specifically filed against Washington Mutual Bank and JPMorgan Chase & Co in the United States District Court for the Northern District of Illinois, and against Chase Home Finance in California state court.

The allegations in the lawsuit are common law fraud and misrepresentation, as well as violations of state consumer fraud statutes. It is not known who filed the lawsuits at this time. JP Morgan also indicated that the company is being sued for mortgage backed securities by other companies, such as Charles Schwab and Cambridge Place Investment Management. For this reason, class action status seems appropriate to some.

A year ago, it was difficult to know who to sue for the health issues and property damage caused by defective Chinese Dry Wall located in homes across the U.S. Recently, a $2.6 million verdict came back in favor of seven Virginia homeowners who were adversely affected by Chinese Dry Wall. This verdict lays the foundation for thousands of others to receive financial compensation for the injuries they have sustained because of the dry wall. The Chinese Dry Wall lawsuit claims are being overseen by a federal judge in New Orleans. This is considered multidistrict litigation (MDL), but you can contact a local attorney if you feel you have been injured by Chinese Dry Wall.

If you have experienced serious respiratory infections, sinus infections, rashes, hair loss, hospitalization or irreparable damage to your home’s air conditioning unit, heating unit, electricity or plumbing, your damages may be linked to Chinese Dry Wall. It is not uncommon for all household members to become ill from Chinese Dry Wall.

People who live in homes with Chinese Dry Wall should evacuate because of the risk of toxicity and unknown long term side effects. There is also no viable means to remedy Chinese Dry Wall toxicity and damage, making the financial loss for property very high.  It is also unknown how Chinese Dry Wall will affect the groundwater supply in areas that have homes built with this type of dry wall.

On November 18, 2010, the U.S. Judicial Panel on Multidistrict Litigation will meet in Durham North Carolina to decide if all states’, including Indiana, DePuy ASR Hip Implant lawsuits should be heard in one court.  This outcome is the result of the high number of lawsuits that are being brought against the company, estimated at 4000 to date and thousands more expected because consumers who have this hip implant are still learning about the risks.

The DePuy ASR Hip Implant was recalled by the FDA following a report by the National Joint Registry of England and Wales which demonstrated that 1 out of every 8 patients who received the DePuy ASR Hip Implant had undergone revision surgery within a five year time period after the initial placement of the implant. Typically, a hip implant should be long lasting, at least 15 years.  Revision hip surgery is real surgery that is very invasive, requires a significant recover time period and is associated with risks. There has also been an additional warning about metal on metal hip implants, such as the DePuy ASR Hip Implant, which can cast metal particles into the body, causing soft tissue damage and inflammatory responses that may lead to bone loss.

People who have filed lawsuits are those who have undergone revision hip surgery or are concerned about the increased risks associated with the hip implant. Approximately, 93,000 DePuy ASR Hip Implants were distributed throughout the U.S.

Thousands of surgeons perform nose surgery, but the level of training and expertise varies among surgeons. In fact, there are over 150 self designated boards in plastic surgery, but the only ones that align with the goals of American Board of Medical Specialties are the American Board of Plastic Surgery, the American Board of Facial Plastic and Reconstructive Surgery American Board of Otolaryngology. These factors can make it difficult for people interested in nose surgery to select the right nose surgeon. Yet, it is not typical to find a nose surgeon who is faced with more than 300 medical malpractice cases, as is the case for Mark Weinberger, also known as “The Nose Doc”.

In August 2010, a Lake Superior Court put forward a $300,000 medical malpractice verdict against Mark Weinberger. This case involved William Boyer, 58, of Gary, Indiana who was told by Mark Weinberger that he needed surgery to repair bloody sinuses. Conversely, Mark Weinberger presented photos of another patient who needed surgery to Mr. Boyer, as if the photos were Mr. Boyer’s photos. Consequently, Mr. Boyer had unnecessary nose surgery. The allegations included that the Merrillville physician had mistreated and misdiagnosed William Boyer. Weinberger had operated the Merrillville Center for Advanced Surgery LLC and Nose and Sinus Centers LLC between November 2002 and 2004.

In 2004, Mark Weinberger was featured on an episode of “America’s Most Wanted because he failed to return from a trip to Greece. In 2006, 22 counts of health care fraud perpetuated against insurance companies were filed in U.S. District Court in Hammond. In total, roughly 300 medical malpractice cases have been filed against the nose surgeon.

On all drug package inserts, you will notice a list of associated risks which have been identified through studies that the scientists’ manufacturers had performed and/or through independent clinical trials in which patients used the drug to be monitored for the purpose of identifying health risks posed by the drug. Every drug has associated risks. Yet, sometimes the risks are not identities until after the drug reaches the market. So, patients taking drugs may not be informed about such risks. This is a time when a lawsuit can be filed against the manufacturer for failure to identify and properly disclose the risk of the injury to the patient.

In 2006, ACE inhibitors, commonly known as high blood pressure, heart failure, preventing kidney medications, were linked to birth defects. This comes 25 years after catopril (ACE inhibitor) had been placed on the market with an average of 42 million users annually (2.7 million of which were of child bearing age). According to IMS, a pharmaceutical information company, the total market for ACE inhibitors in 2009 was $3.8 billion in 2009 with over 150 million prescriptions filled annually.

The following is a partial list of ACE Inhibitors, including:

You have the right to ask for help. Claims for disability can be filed at your local VA office, VA medical facility and online. You may also request the assistance of a private attorney who can help to ensure that your claim is filed properly. This particularly holds true should you disagree with the disability rating you receive from your physician or if you have received a denial for your claim. * Your disability rating relates to the amount that you would be awarded for your disability.

Meet Deadlines. As with all applications, there are deadlines. Do not miss any deadlines under any circumstances. One deadline you will not want to forget about is the appeal deadline. Should you appeal your disability rating, you must file your appeal (Notice of Disagreement) within a year following the denial or rating decision by the VA.

You can learn about deadlines from the above mentioned parties