Lawsuits you should know about

Holly Ward, a 38-year-old Ohio woman, has filed a class action lawsuit against Skechers, claiming that their popular brand of toning shoes called Shape-Ups caused stress fractures in both her hips.

Ward, a waitress, said that because of the hip fractures, she now has to endure physical therapy and has had pins inserted into both hips. She believes the cause is extended use of the Sketcher’s Shape-Ups while waitressing. She developed pain in her hips after wearing the shoes for approximately five months.

Ward’s lawyer, Ronald Johnson, pointed out in a statement, “We do not know of any testing or safety studies that Skechers did to determine safety. If they’re going to invent a whole new way for a human being to walk, the very first thing they should do is studies to make sure that’s not going to harm their customers.”

Salt Lake City chiropractor Mark Dudley, in addition to many other orthopedic doctors contacted by ABC News, has been quoted as saying that while a stress fracture in both hips is possible, it would be highly unlikely. Dudley said, “When people wear these shoes, their biomechanics do change, and they’re told to step differently with those shoes.” He suggested that women wanting to wear the shoes should ease into wearing them gradually. Dudley also said other health factors such as slips, falls, or body alignment issues could have been factors in Ward’s his fractures. Dudley did have positive things to say about the shoes, “I think these shoes are good, I think exercising is fantastic.” He added, “Any excuse to help motivate people and get out and start moving is good, as long as your body can handle and adapt to it.”

While Johnson says he has heard from other women with similar problems, Skechers issued a statement saying, “Since this lawsuit is brand new, Skechers has not had an opportunity to thoroughly review the plaintiff’s allegations, claims, or medical records. Millions of people wear Shape-ups without experiencing what the plaintiff alleges.”

A class action lawsuit has been filed against Taco Bell in the federal court in California on behalf of Amanda Obney. The lawsuit claims that Taco Bell’s beef is anything but. Obney is suing the company for false advertising for calling the filling they use in their products “beef.”

Taco Bell calls the product “seasoned ground beef” or “seasoned beef.” But, it actually contains only 35 percent beef, for a total of 15 percent protein overall claims the lawyer who filed the suit, W. Daniel “Dee” Miles III of the Montgomery, Ala. Law firm Beasley Allen. The lawsuit claims the rest of Taco Bell’s ground “beef” is made with such items as water, isolated oat product, wheat oats, soy lecithin, maltodextrin, anti-dusting agent, autolyzed yeast extract, modified corn starch and sodium phosphate.

Miles states, “Taco Bell’s definition of ‘seasoned beef’ does not conform to consumers’ reasonable expectation or ordinary meaning of seasoned beef, which is beef and seasonings.” The U.S. Department of Agriculture defines beef as “flesh of cattle.”

While Taco Bell uses real chicken and carne asada steak in other products, the lawsuit claims the beef is “not beef.” The lawsuit also contends that within the industry, Taco Bell officials refer to the beef as “taco meat filling.” The lawsuit is not asking for any monetary damages, simply that the company stop advertising the filling as beef.

Taco Bell has said the lawsuit is “absolutely wrong” and plans its own legal action. A statement was released which said, “We start with 100 percent USDA-inspected beef. Then we simmer it in our proprietary blend of seasonings and spices to give our seasoned beef its signature Taco Bell taste and texture.”

Birth control pills have been used by the public since 1960, but that doesn’t always mean they are safe. There are currently several lawsuits against manufacturers of birth control pills.

Yaz

There are several lawsuits filed again the manufacturers of Yaz, also known as Yasmin and Ocella. This drug has also been used to treat acne and premenstrual dysphoric disorder (PMDD). The U.S. Food and Drug Administration (FDA) approved it for use in 2001, but some users have reported serious side effects which include heart attack, stroke, deep vein thrombosis, kidney damage, gallbladder disease and removal, and even death. The FDA has yet to release an official warning about Yaz or issue a recall, but several lawsuits have been filed.

Ortho Evra

Ortho Evra is a birth control patch which releases ethinyl estradiol and norelgestromin into the blood stream, thus preventing ovulation. The FDA approved Ortho Evra in 2002, but some users have reported serious side effects which include blood clots, strokes, heart attacks, and venous thromboembolism (VTE), which can lead to pulmonary embolism. A study conducted on the behalf of Johnson and Johnson resulted in a warning being added to labels that women between the ages of 15 and 44 were at a higher risk of VTE if they used Ortho Evra. However, the FDA still thinks Ortho Evra is safe and effective. Still, numerous lawsuits have been filed by those who feel they were harmed by the patch.

If you have taken either Yaz or used an Ortho Evra patch and suffered from serious side effects, you should contact an attorney to protect your legal rights.

A lawsuit was filed against the producers, distributors, and suppliers of children’s bounce houses by the Center for Environmental Health and the California attorney general. The plaintiffs state that the bouncy houses contain up to 70 times the federal limit of lead.

The bounce houses are often contains vinyl (polyvinyl chloride, or PVC). The vinyl may be made with lead, which can cause brain and nerve damage, stunted growth, learning disorders, hearing problems, and digestive problems.

The lawsuit states that the Center for Environmental Health conducted an investigation which found some bounce houses had lead levels which ranged between 5,000 parts per million and 29,000 parts per million. The federal limit is 90 to 300 parts per million. However, health experts say there is no such thing as a safe level of exposure to lead and advise parents to wash children’s hands and faces after being in bounce houses.

The defendants have called the investigation a “witch hunt” which may damage their industry.

In the past three years, the Better Business Bureau has received 53,000 complaints against satellite TV companies such as DirecTV and DISH Network. Consumers have complained about being overcharged, having free trials turn into paid subscriptions without notice, early termination fees, and being charged for “free” installations.

The Miami-Dade Consumer Services Department (MDCSD) sued DirecTV a few weeks ago under the pretense that the company is using deceptive practices to trick consumers. It cites “false and misleading advertisements” about cost and equipment as well as failing to disclose the full terms of the contracts. MDCSD’s public relation specialist Sonya Perez said her office discovered that DirecTV’s ads didn’t give complete prices after reviewing them. She said that consumers who signed up for the $34.99 package were actually billed $55.99 and cited several other packages that were actually higher than stated in the ads.

In the lawsuit, DirecTV is accused of not “clearly disclose conditions and limitations to their service agreements in advertisements or in any other type of communication with customers.” For example, fine print stated a $5 charge for a second receiver and $6 for the HD DVD receiver upgrade that was listed as “free.”

In addition to the MDCSD lawsuit, the state of Washington has also filed suit against DirecTV after the state attorney general’s office received numerous complaints and DirecTV refused to change their practices.

Paula Selis, the senior assistant attorney general handling the case, said, “Their business practices are unfair and deceptive.” Among the complaints listed in the lawsuit were customers being automatically charged for premium movie channels after a free trial without notification, having to pay for “free” installation then being refused a refund by DirecTV, and being overcharged for packages. Selis also accuses DirecTV of using “mice type” – print so small in their terms of service contracts that humans cannot read it.

In their defense, DirecTV spokeperson Darris Gringeri said, “We have a regular dialogue with the states to address incoming customer issues, but beyond that we cannot comment.” Gringeri also said, “We make it clear about that agreement in the advertising and marketing materials. It is in readable print, not fine print. The customer is also told during a sales call or online ordering. There is a confirmation letter, confirmation e-mail and final review of the terms at time of installation. We make sure they are fully informed.”

Metoclopramide, also known by the brand name of Reglan, is a drug often given to patients to treat gastrointestinal disorders and nausea, including morning sickness in expectant mothers. It may also be used for lactation stimulation in nursing mothers. It is made by Schwartz Pharmca, Inc. and available in tablets, oral solution, and injection form.

However, those taking Reglan may also suffer from tardive dyskinesia. Tardive dyskinesia is a neurological disorder that is often irreversible. It can cause protrusion of the tongue, uncontrolled grimacing and lip smacking, rapid eye blinking, and repetitive movements of the extremities.

The Food and Drug Administration (FDA) announced in early 2009 that is was requiring all manufacturers of Reglan to add a black box warning to the label stating the possible link to tardive dyskinesia.

One study by the FDA showed that 20 percent of the patients that used Reglan took it for longer than three months, making them more susceptible to contracting tardive dyskinesia. Reglan has only been approved by the FDA for short term use (4 to 12 weeks).

Because Reglan can be passed through breast milk, infants of mothers taking Reglan may also be at risk. If you or anyone you know has been taking Reglan and has suffered side effects such as uncontrollable body movements, you should immediately quit taking the drug and consult a medical professional.

Back in October of 2008 this website reported that lawsuits have been filed against Organon, the manufacturer of the NuvaRing birth control product.  Since that time more people have filed suits against the maker of this popular birth control product.

In March 2010 three women in Texas who used the NuvaRing birth control product filed lawsuits against Organon and Merck & Co.  All three women alleged that the use of this product caused them to suffer from several different injuries, including pulmonary embolism and deep vein thrombosis (DVT).  The lawsuit alleges the manufacturers of this product did not adequately warn users of the potential dangerous side effects.

The NuvaRing is a vaginal ring used for contraception.  It is only available by prescription.  The ring is inserted by the user and for a period of three weeks releases a measured dose of estrogen and progesterone.  After the three week period the woman removes the ring and has a normal menstrual period.  Known side effects include vaginitis, headache, upper respiratory tract infections, nausea and weight gain.  Women who are older, smoke, have recently had surgery or a history of cardiovascular disease are at a higher risk for problems such as stroke or heart attack.

Since our original article hundreds of lawsuits have been filed against the makers of the NuvaRing product.  All of the lawsuits claim that the manufacturers failed to warn users of potentially dangerous and deadly side effects such as an increased risk of stroke, cardiovascular problems. pulmonary embolism, and DVT.

The fourth generation birth control pill Yasmin (also known as Yaz and Ocella) may be linked to gallbladder disease and other adverse side effects. As a result, hundreds of lawsuits have been filed, including two class action lawsuits in Canada. Plaintiffs claim that the manufacturer, Bayer Healthcare, failed to warn them of the possible side effects that might result from taking Yaz.

Yaz is sold as a contraceptive, but is also prescribed to control premenstrual syndrome (PMS) and premenstrual dysphoric disorder (PMDD). It contains the hormones ethinyl estradiol (estrogen) and drospirenone (a synthetic form of progestin).

Several adverse side effects have been possibly linked to the use of Yaz. Some patients who have been taking Yaz have developed gallbladder disease, which often requires laproscopic surgery if not complete removal of the gallbladder. Some lawsuits also state that Yaz side effects included pancreatitis and blood clots, which led to strokes, pulmonary embolism, and/or deep vein thrombosis.

Louise Thanos of Montana filed suit against Bayer after she took Yaz for two years and suffered major health problems including gallbladder failure. The law firm of Tony Merchant Law Group LLP has filed suit against Bayer on behalf of two women from Canada. Among the complaints listed in this lawsuit are “blood clots, pulmonary embolisms, gall bladder removals, and other serious medical emergencies.”

It is believed that at least one death may have been due to taking Yaz. Leah Mayfield, a 20 year old Tennessee Tech student, collapsed in the shower and later died of a pulmonary embolism. Her family said the doctor told them it may have been due to taking Yaz and the family has since filed suit against Bayer.

Bayer has stood behind Yaz, saying the pill is safe and that all possible side effects mentioned in the lawsuits are listed on the labeling.

Accutane (also known as isotretinoin) is a medication that has been used in the past to treat acne. Manufactured by Roche Pharmaceuticals, the drug has been linked to possible adverse side effects including depression, suicide, colon cancer, and inflammatory bowel disorder. Hoffman-La Roche stopped selling the drug in June 2009, citing competition from generic medication and loss of income due to lawsuits against the company.

Thirty-eight-year-old Andrew McCarrell of Ala. sued Hoffmann-La Roche and was originally awarded $2.6 million in May 2007. McCarrell began taking Accutane at age 23. He developed chronic ulcerative colitis and suffered from inflammatory bowel disorder (IBF), which eventually led to him having his colon removed. The original judgment was overruled on an appeal, but a judge just recently awarded him $25.16 million for compensatory damages in a retrial.

McCarrell is just one of many that have won judgments against Hoffmann-Roche. The lawsuits have claimed side effects such as chronic bowel disease and bowel maladies for which some plaintiff’s have had to have their colons and intestines removed. Some plaintiffs continued to suffer problems even after they quit taking Accutane.

Hoffmann-Roche first notified physicians of a possible link between Accutane and IBF in 1984. Continued research showed a link, but some are saying Hoffmann-Roche failed to notify physicians and patients of the severity.

Roche has said it plans to appeal the judgment for McCarrell.

Harvard law student Eva Hibnick has filed a class action lawsuit against Google stating that her personal information was made public on Buzz, Google’s new social networking service. The suit was filed by law firms in both San Francisco and Washington, D.C.

Hibnick says she was frustrated when she was automatically opted into Google Buzz without her consent (all Gmail users were opted-in upon Buzz’s launch) and it made her contact list available to the public. This allows many people – people she had not spoken to in months – to follow her profile. The service notified Hibnick’s followers of her status updates.

In disclosing her personal information, the lawsuit says that Google violated federal laws such as the Federal Electronics Communications Privacy Act, the Federal Computer Fraud and Abuse Act, the Federal Stored Communications Act and California common and statutory law.

Hibnick said, “I feel like they did something wrong. They opted me into this social network and I didn’t want it.”

The lawsuit is open to all 31.2 million users of Buzz and seeks injunctions to prevent Google from automatically adding users to new services in the future and an undisclosed monetary amount.
Google has issued an apology and now has it set up so users can hide their contact list as well as block followers they don’t know.