Emerging and Ongoing Mass Tort Litigation Update

MTN

You can’t miss this!
 

Mass Tort Nexus has added the hottest emerging litigation to its September Course: RoundUp Litigation. This could be the biggest mass tort since asbestos.

In addition to the hands-on practical knowledge all course attendees receive, we are privileged to have an all-star panel of attorney speakers discussing current, emerging and ongoing Mass Tort litigations.

Best of all, this program will be interactive.  There will be ample Q&A after each presentation.

Whether you have dabbled in Mass Torts or are new to the practice area, the “Four Day Mass Tort Success Course” will help you avoid common mistakes, while giving you a road map to success in Mass Torts.  We teach you a step by step process to make sure you understand the methods and metrics of this practice area.

Please join us  Sept 23rd  – Sept 26th for the “Four Days to Mass Tort Success Course” in Fort Lauderdale.  Contact Barbara Capasso at (954) 383-3932 or barbara@masstortnexus.com for more information.

RoundUp Cancer Emerging Litigation 
 
timothy-litzenburg-200x300

Timothy Litzenberg will be addressing the emerging RoundUp Cancer litigation. Timothy filed one of the original complaints in district court on behalf of a client who developed cancer after exposure to RoundUp. He is also one of the attorneys supporting the Plaintiffs’ motion to consolidate and transfer (i.e., to form an MDL) currently before the Judicial Panel on Multidistrict Litigation.

In district court, Monsanto failed to derail the RoundUp litigation. Monsanto, as well as Plaintiffs attorneys including Tim have now separately moved to support the formation of an MDL. This emerging Toxic Tort may involve more plaintiffs than any in history. Do not miss out on the chance to get information on this litigation in its early
stages. 
IVC Filter Product Liability Litigation

John Dalimonte now serves on the Steering Committee of the Cook Medical IVC filter litigation and the Bard IVC filter Litigation. He will be speaking about  the Cook and Bard IVC litigations, as well as other ongoing and emerging IVC Filter Litigation, which involve more IVC manufacturers. John has served in leadership positions on a number of MDLs and was Co-Lead Counsel in the Vioxx product liability litigation.

The IVC filter litigation may be one of the largest mass product liability litigation’s of all time, with respect to the number of plaintiffs and payouts. This litigation puts the “complex” in complex litigation and the opportunity to interact with one of the leading attorneys in this case is invaluable.
Proton Pump Inhibitor Product Liability Litigation

Bryan Aylstock will present the emerging Proton Pump Inhibitor litigation. Bryan is currently serving as one of three coordinating Co-Lead Counsel members charged with overseeing five separate Multi-District Litigations (MDLs), involving the use of TVM products. Additionally, Bryan has served in leadership positions in the Zoloft product liability litigation, the Avandia product liability litigation, as well as other MDLs.

Bryan is an outstanding lawyer and arguably one of the best business minds in Mass Torts. The opportunity to get in on the ground floor of an emerging litigation with guidance from a tested Mass Tort gladiator is worth the trip to Fort Lauderdale.

 Risperdal Product Liability Litigation

Derek Braslow will be speaking about the Risperdal product liability litigation. Derek now serves as Liaison Counsel in the Risperdal litigation and has served in many Court-appointed leadership positions in other pharmaceutical litigations. He has been in leadership positions on many MDLs, including Co-Liaison Counsel Zimmer Durom Hip Cup, as well as leadership positions in the Levaquin product liability litigation and the Paxil suicide litigation.

The Risperdal litigation is not a typical Mass Tort litigation. Derek’s insights on the Risperdal case will give knowledge and information that will be useful far beyond this single litigation.
 
Talcum Powder Product Liability Litigation
 
James Onder will be speaking on the subject of the Talcum Powder litigation. He is one of the lead attorneys in the City of Saint Louis consolidation, which has already produced multiple Jury verdicts exceeding fifty million dollars each.
James, and other members of his firm, have served as co-lead counsel and in various leadership positions on many MDLs. The opportunity to hear James speak about a difficult litigation, that he and his co-counsel firms managed to achieve massive jury awards in will be  an opportunity you won’t want  to miss.  
 
Xarelto Litigation
&
Stryker Hip Litigation “Life After the MDL”
 

Joseph Osborne will be speaking on the Stryker Hip Litigation, as well as other Hip Implant litigation. Long after other firms stopped accepting or seeking clients for the metal on metal hip implant litigations, Joseph continued to accept clients who were, and continue to be, injured by these defective products.He served in leadership positons on the Stryker Nexgen Knee MDL, the Biomet M2 Hip MDL, the Stryker Hip MDL, the American Medical System TVM MDL, as well as many other multidistrict litigations.

Joe also serves on the Science Committee in the Xarelto MDL and will be providing information about this litigation.
 
Taxotere, Onglyza and Fluoroquinolones
 
Ryan Thompson will round out the panel speaking and answering questions about three litigations every firm should be considering.  Not yet forty years old, Ryan has already achieved a record of achievements, that most lawyers would consider a stellar lifetime career. He served as Co-Lead Counsel on the Incretin Memetics Litigation, as well as in leadership positions on many MDLs. Ryan is often involved in emerging litigations in a major way. His grasp of the science involved in pharmaceutical and medical device litigation and his willingness to take risks have resulted in his incredible rise in the world of Mass Tort litigation.
One of Ryan’s early victories involved taking on a major credit reporting agency and collecting 28 Million dollars, in a litigation other firms had overlooked. Ryan brings a unique perspective to mass torts. It is a privilege to hear Ryan speak and even more of a privilege to get to know him.

Contact Barbara Capasso at (954) 383-3932 or barbara@masstortnexus.com for information and to book your seat for the September Course.

 

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Federal Court Orders Bellwether Trials in Cook IVC Filter Cases

Cook Celect® IVC Filter
Cook Celect IVC Filter

U.S. District Judge Richard Young ordered that three IVC filter cases pending against Cook Medical go to trial in 2017. The cases will be tried in MDL No. 2570 IN RE: Cook Medical, Inc., in the Southern District of Indiana.

Judge Young on July 19 identified three trial plaintiffs and types of filter:

  • Brand v. Cook Medical, Inc. et al., Case No. 1:14-cv-6018 (Celect)
  • Gage v. Cook Medical, Inc. et al., 1:14-cv-1875 (Günther Tulip)
  • Hill v. Cook Medical, Inc., et al, 1:14-cv-6016 (Celect)

Hundreds of Cook and Cordis IVC Filter cases are already filed, and hundreds of thousands of potential clients nationwide who need attorneys.

Rapacious greed of two companies

The cause of the litigation is the rapacious greed of the two companies competing to get market share, rolling out one defective product after another for the last 16 years, brushing aside reports of patient deaths and lying to the FDA about it.

  • Cordis IVC Filter Litigation is centered in the California state courts, where hundreds of cases are up for consolidation. Cordis Corporation is organized under the laws of Florida, with its principal place of business in Fremont, California.
  • Bard IVC Filter Litigation is consolidated in MDL 2641 (multi-district litigation docket) in US District Court in Arizona.
  • Cook Medical IVC Filter Litigation is consolidated in MDL 2570 in US District Court for the Southern District of Indiana. The defendants are Cook Medical, LLC and Cook Inc., both of Bloomington, IN, and William Cook Europe APS, Bjaeverskov, Denmark. The federal district court has created a short form complaint.
  • There is no MDL for Boston Scientific Corp IVC Filter Litigation. “We believe it is possible that more cases will be filed and a motion for consolidation and transfer may be formed in an effort to form an MDL,” says Mass Tort Consultant John Ray.

The small, umbrella-like devices are implanted for prevention of pulmonary embolism and they perforate the vena cava, migrated out of position or fracture, sending fragments or metal shards into the heart or lungs.

On May 12, Magistrate Baker denied Cook’s motion for a protective order. “Cook tries to distinguish Bard [Bard IVC Filters Products Liability Litigation, MDL 15-02641-PHX DGC (D. Ariz. April 1, 2016] on the basis that the defendant in that case had received an FDA warning letter, whereas Cook has not. This strikes the Court as the proverbial distinction without a difference. Warning letter or not, case law supports a finding that this information is relevant and discoverable,” he wrote.

 

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IVC Filter Litigation Is the Hot, Trending Practice Area

Lawyer Troy Brenes
Troy Brenes

Litigation involving Cook and Cordis IVC Filters is now the hot, trending practice area for mass tort lawyers, with hundreds of cases already filed, and hundreds of thousands of potential clients nationwide who need attorneys.

“These devices cause the one thing they are design to prevent —  blood clots,” says said Troy Brenes of Aliso Viejo, California, a lawyer who is active in IVC Filter litigation. “They cause the development and increase risk of thrombosis and pulmonary embolism.”

The cause of the litigation is the rapacious greed of the two companies competing to get market share, rolling out one defective product after another for the last 16 years, brushing aside reports of patient deaths and lying to the FDA about it.

  • Cordis IVC Filter Litigation is centered in the California state courts, where hundreds of cases are up for consolidation. Cordis Corporation is organized under the laws of Florida, with its principal place of business in Fremont, California.
  • Bard IVC Filter Litigation is consolidated in MDL 2641 (multi-district litigation docket) in US District Court in Arizona.
  • Cook Medical IVC Filter Litigation is consolidated in MDL 2570 in US District Court for the Southern District of Indiana. The defendants are Cook Medical, LLC and Cook Inc., both of Bloomington, IN, and William Cook Europe APS, Bjaeverskov, Denmark. The federal district court has created a short form complaint.
  • There is no MDL for Boston Scientific Corp IVC Filter Litigation. “We believe it is possible that more cases will be filed and a motion for consolidation and transfer may be formed in an effort to form an MDL,” says Mass Tort Consultant John Ray.

Brenes and John Dalimonte of Boston spoke on a recent webinar about the litigation sponsored by the Consumer Attorney Marketing Group. 

Plaintiff Numerosity

John Dalimonte
John Dalimonte

The number of potential plaintiffs is immense: Since 2000, Cook has sold 264,006 Tulip Filters and 129,089 Celect Filters. Attorneys Brenes and Dalimonte estimate that 200,000 Cordis filters have been inserted into patients.

Settlement values of the cases are unknown, and a settlement conference on June 7 with Cook “went nowhere.” The first bellwether trials are scheduled for next year.

IVC filters are small, cage-like devices that are inserted into the inferior vena cava – a major vein leading directly to the heart. They were supposed to capture blood clots and prevent them from reaching the lungs.

However, Dalimonte identified three issues with the Cook Tulip and Celect IVC Filters:

  • Migration downward and upward. The IVC Filters can tilt or shift, making them almost impossible to remove.
  • Device fracture, causing blood clots (embolism) in the heart, lung, liver and kidneys. Research shows that the devices experienced fracture rates of 37% to 40% after five and a half years.
  • Perforation, where stress on the IVC Filter struts leads to fractures that puncture adjacent organs and vessels.

“There are a lot of cases out there,” Dalimonte says, because the manufacturers conducted off-label marketing directly to bariatric patients, trauma patients and orthopedic surgery patients.

Brenes and Dalimonte will be speaking at the upcoming AAJ annual convention, July 22-25 in Los Angeles. 

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FDA Warns Public about Dangerous IVC Filter Side Effects

Bard Denali IVC Filter 2013
Bard Denali IVC Filter 2013

In a public safety communication, the U.S. Food and Drug Administration (FDA) says it has received approximately 920 adverse event reports related to the use of IVC filters, It issued a public report to inform medical professionals and patients about the potential risks associated with using the small, cage-like device. Adverse events reported by the FDA include:

  • Filter fracturing of the device
  • Migration of the pieces
  • Embolization of fractured device or device components
  • Tearing of the inferior vena cava vein.

Cordis IVC Filter Litigation is consolidated in California State Court. Bard IVC Filter Litigation is consolidated in MDL 2641. Cook Medical IVC Filter Litigation is consolidated in MDL 2570.

There is no MDL for Boston Scientific Corp IVC Filter Litigation. “We believe it is possible that more cases will be filed and a motion for consolidation and transfer may be formed in an effort to form an MDL,” said Mass Tort Consultant John Ray.

According to one of the many product liability cases filed against IVC Filter manufacturers:

“Defendants knew or should have known that its Cook Filter when used as expected and intended, had the possibility of shifting, breaking free its implantation site, migrating, perforating the vena cava, and causing serious injury and/or death to patients.”

The case is Olenda Homes et al. v. Cook Medical Inc. et al. (Case No. 5:16-cv-00066).

Patients who cannot use traditional blood-thinning drugs are usually the typical users of IVC filters. The devices are surgically implanted into a patient’s inferior vena cava vein and are designed to catch blood clots from the legs before they migrate to the heart and lungs, which could cause a pulmonary embolism if it reached these important organs. The filters are meant to only be used temporarily, according to the FDA, and hold the clot until it naturally disappears and until the threat of blood clots is no longer an issue.

IVC filters have come under more intense scrutiny and have been the subject of many lawsuits due to allegations that they have fractured with pieces subsequently migrating away from the original insertion point to other parts of the body. The pieces can tear veins and organs, and embed in other “high risk” areas of the body where they cannot be surgically removed, thus causing significant and long-term risks for the patient.

In its report, the FDA identifies a number of potential symptoms of migrating pieces that patients should be on guard for that include out of the ordinary heart rhythms, dizziness, fainting, heart palpitations, and chest pain.

 

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