Lawsuits you should know about

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.

Angry students and parents have filed a lawsuit against the Lower Merion School District of Ardmore, Pennsylvania for “”unauthorized, inappropriate and indiscriminate remote activation” of webcams. The webcams were part of MacBook laptops issued to 1,800 students at the two high schools in the district as part of a government funded intiative. The lawsuit claims the webcams were activated without the student’s knowledge or consent.

The use of the webcams came to light when a student, the son of Michael and Holly Robbins, was informed by Harriton High School assistant principal Lindy Mastko that he was “engaged in improper behavior in his home.”

When the student and his father confronted Mastko about the allegations, they were informed that the school district had the right to remotely activate the webcam.” It was believed that the student took a photo of himself and accidentally uploaded it to the school network.

The Robbins family filed the lawsuit, which seeks an unspecified amount for compensatory and punitive damages as well as an injunction to prevent the school district from activating the webcams.

Christopher McGinley, the superintendent, issued a statement on the school district’s website which admitted that “the laptops do contain a security feature intended to track lost, stolen and missing laptops. This feature has been deactivated effective today.” The statement went on to read that the school district would not be “reactivating the tracking-security feature without express written notification to all students and families.”

“The Biggest Loser” Trainer Jillian Michaels has had three separate lawsuits filed against her in the last week for the Maximum Strength Calorie Control diet supplement that she endorses.

The first plaintiff, Christie Christensen, filed a class action lawsuit against Michaels which states that the pills are “worthless,” “purportedly will cause weigh loss by itself with any additional effort,” and that taking them is “contrary to everything that Ms. Michaels has ever instructed.” Christensen is suing Michaels and Thin Care and Basic Research, the makers of the pills, for $5 million in damages. The lawsuit is also asking that the sale of the product be prohibited.

The second plaintiff, Stephanie Creer, filed a class action lawsuit just one day after Christensen. Her lawsuit claims that the product doesn’t live up to its packaging, which says “two capsules before main meals and you lose weight…That’s it!” Creer claims to have fought her weight her entire life and that the supplement pills didn’t help her lose any weight.

The third plaintiff, Kathy Hensley, said that the diet pills are potentially dangerous because they contain the ingredient citrus aurantium. In rare cases, citrus aurantium can cause high blood pressure and cardiac arrest. Hensley is suing Michaels, and Thin Care and Basic Research, and Walgreens, which sells the pills. The lawsuit is asking for less than $5,000.

The pills contain guarana, coffee bean extract, kola nut seed extract, citrus aurantium, and other herbs. The label does say that the product has not been evaluated by the Food and Drug Administration (FDA).

Michaels has issued a statement saying the claims are “baseless” and that she still supports the product. Thin Care pointed out that the company offers consumers a money-back guarantee and has said, “We are confident we will prevail.”

The city of Pittsburgh and 11 other paramedic service providers have joined a suit which pits them and the Ambulance Association of Pennsylvania against statewide Blue Cross Blue Shield health insurers for what it calls “a pattern of attempted extortion.”

The suit accuses the defendants of violating the federal Racketeer Influenced and Corrupt Organization Act by forcing or attempting to force the non-contract ambulance providers into below market rate contracts by refusing to pay them directly for their services. Instead of paying the non-contract providers for their transport services, the insurers have been accused of making payments directly to the patients, who may or may not in turn pay the providers.

The suit contends that providers have the right to be paid directly, whether they have entered into a contract with the insurers or not. By not sending payment to the providers directly, it is estimated that the providers have been “losing millions over the last four years.”

The suit goes on to state that the plaintiffs have also violated state law, including the Quality Health Care Accountability and Protection Act. This may turn into a class action suit involving up to 200 state paramedic services.

The complaint was filed against Capital Blue Cross, Highmark, Hospital Service Association of Northeastern Pennsylvania, Independence Blue Cross, Keystone Health Plan Central and Keystone Health Plan West in the U.S. District Court’s Western Division by attorney Charles Kelly of Kelly Hayden LLC. The city council voted last Thursday to pay $5,000 to Kelly Hayden to represent the city in the suit.

In addition to the city of Pittsburgh and the Ambulance Association of Pennsylvania, the plaintiffs also include Monessen Ambulance Service, Mon Valley Emergency Medical Services, Robinson EMS, Goodwill Hose Company Ambulance Association, Lancaster EMS Association, United Hook & Ladder Co., New Oxford Community Fire Co., Penn Township Volunteer Emergency Services Inc., Tremont Area Ambulance Association, Valley Ambulance Authority, Yoe Fire Company Ambulance Service and Northwest EMS.

LifeLock Inc., an identify-theft protection company, has been sued for breaking the law and defrauding customers. LifeLock says it has approximately 1.5 million customers who pay a $10 a month fee to protect their credit against theft. For that fee, the company checks the customer’s credit report with major credit bureaus. The company then provides customers with alerts (email, postal, or phone) when their personal info is being used to apply for credit. The company removes customers from pre-approved credit offers and sends the customers their credit reports every 12 months. It also provide a service to cancel all accounts if the customer’s wallet is stolen.

To prove the service worked, CEO Todd Davis televised a commercial in 2005 in which his personal social security number, which was protected by the service, was shown on screen.

Many critics charges that LifeLock was charging customers for a service that was offered for free by the major credit bureaus – Experian, Equifax, and TransUnion. People who believe they have fallen victim to ID theft can ask that alerts be sent from these credit bureaus for free.

Experian filed a lawsuit against LifeLock in February 2008. The lawsuit stated that the Fair Credit Reporting Act allows only for individuals to set the fraud alerts, not companies such as LifeLock. Experian stated that when LifeLock sets a fraud alert, it costs them money because they must in turn contact the other two agencies and mail notices to consumers. It believes that LifeLock’s fraud alerts clogs the system and prevents it from working as it should.

Last May, the judge in the federal lawsuit, Andrew Guilford, ruled that LifeLock fraud alerts, which are the cornerstone of its services, are illegal. LifeLock is challenging the decision, stating that their services offer a convenient way for customers to manage alerts. Davis likened it to changing your oil – you can take the time to do it yourself or have someone do it for you. Since the ruling, both Experian and Equifax have stopped accepting fraud alerts from LifeLock. However, TransUnion is still accepting them and when the LifeLock alerts are sent to them, it are required to forward the alert to the other two bureaus.

Other lawsuits filed against LifeLock concerns what some see as LifeLock’s misleading loss coverage policy. One of their commercials states “If anything happens for any reason while you’re a client of LifeLock, we will cover all losses and all expenses up to $1 million.” However, the terms and conditions state that this doesn’t cover actual losses by the customers, but the hiring of a third party to clean up their credit after the theft.

During the recent home building boom, many contractors in the country found there was a shortage of drywall that was manufactured in the U.S. Prior to Hurricane Katrina, most drywall used in the U.S. was made here, but the demand for drywall increased after the storms and many contractors began using drywall from China. The Associated Press estimates that more than 500 million pounds of defective materials from China were used in houses post-Hurricane Katrina. Recently, there have been lawsuits filed by consumers, claiming that the Chinese drywall caused them health issues.

It is estimated that as many as 100,000 homes built between 2004 and 2008 used the Chinese drywall that may be defective and dangerous due to high levels of sulfur. These high levels of sulfur may release fumes that are not only making home owners ill, but also ruining their homes by causing corrosion of copper in wiring, fixtures, and appliances including televisions and computers.

Homeowners who believe they have been made sick by the drywall face a conundrum – they don’t want to stay in the houses, they can’t afford to walk away from them and they know the houses will be impossible to sell. Alice and Patrick Martin of Fort Myers, Fla. are worried about the financial strain the drywall has put on their family, but they are also concerned about the potential health hazards, especially for their 5 year old son Leo.

After the family filed a lawsuit, their lawyer Jerrold Parker spent time in their home going over their case and was reportedly sick for five days afterwards. The family is suing the Chinese manufacturer of the drywall, but for some of the homeowners it won’t be as easy. Some homes have drywall made by several Chinese companies.

Mary Ann Schultheis has suffered from burning eyes, sinus headaches, and a heaviness in her chest for a few years – every since she moved into her South Florida home. Her builder has since filed for bankruptcy. Some builders themselves have filed suit against the Chinese manufacturers, saying they were not aware the building materials were tainted.

Complaints from homeowners led to a Consumer Product Safety investigation as well as investigations by health departments in Virginia, Louisiana, North Carolina, Florida, and Washington. The Florida and Louisiana governors have asked the federal government for assistance. The Louisiana health department has received over 350 complaints from homeowners while the Florida health department has received at least 230 complaints.

At least one Chinese company, Knauf Plasterboard Tianjin has downplayed the potential health hazards but released a statement saying they plan to “get to the bottom of what is precisely going on.”

There is a bill before Congress titled “The Foreign Manufacturers Legal Accountability Act of 2009” that would require foreign manufacturers to agree to abide by U.S. law and thus be held accountable for any problems their products cause and have a company agent in at least one state where the company does business to accept any legal papers served to them.

The Center for Disease Control (CDC) states that prolonged exposure to the compounds believed to be found in the drywall – hydrogen sulfide, sulfuric acid, sulfur dioxide, and carbon disulfide – can lead to breathing problems, chest pain, and possibly death.

If you are the owner of a home built between 2004 and 2008 and you are suffering from unexplainable illnesses such as respiratory problems, burning eyes, or headaches, contact your builder to find out what type of drywall was used in your home.