Lawsuits you should know about

Cervical cancer is the number one leading cause of cancer deaths among women in developing countries. However, Merck & Co. developed Gardasil, a vaccine, to help prevent certain types of human papillomavirus (HPV). Studies show that over 80% of women younger than age 50 have been exposed to at least one strain of HPV. In preventing HPV types 16, 18, 6, and 11, it is believed that over 70% of the cases of cervical cancer may be prevented.

Gardasil is designed to prevent the first infection of HPV, so therefore should be given to girls before they become sexually active. For women who have already been sexually active, the vaccine can still protect them from other types of HPV infections even if they are already infected with one of the four main types.

The Food and Drug Administration (FDA) and Centers for Disease Control (CDC) have said that they believe the Gardasil vaccination is safe and the FDA approved it for use in 2006. It has been clinically tested on over 11,000 females between the ages of 9 and 26. It also does not contain mercury, thiomersal, or live or dead particles. The known side effects of the Gardasil vaccination are fainting and soreness in the area of the injection.

However, the National Vaccine Injury Compensation Program (VICP) believes that Gardasil can have much more devastating side effects including blood clots, paralysis, seizures, Bells palsy, and Guillian-Barre syndrome. More than 3,400 complaints have been reported to the VICP of patients having taken the Gardasil vaccination then suffering these side effects. There have also been 20 deaths that are under investigation. One study shows that almost 50% of the pregnant women who had the Gardasil vaccination experienced fetal abnormalities including spontaneous abortion. The National Vaccine Information Center (NVIC) doesn’t feel that Merck’s clinical trials proved that Gardasil was safe for use by young girls.

The FDA and CDC admitted that 9,749 reports of those taking Gardasil have been filed with the Vaccine Adverse Event Reporting System. But, there have been 16 million doses given as of the end of June 2008. The FDA and CDC said that given that amount, “by chance alone some serious adverse effects and deaths” will occur, but have nothing to do with the Gardasil vaccination.

It is the responsibility of drug manufacturers to ensure your safety when taking a medication or receiving a vaccination. If you are harmed after using a product, you may have grounds for legal action against the manufacturer. If you have taken the Gardasil vaccination and suffered any of the severe side effects listed above, contact a lawyer about your legal rights as a consumer.

Quinine is a natural plant substance found in South America that has been used for many different medial reasons for hundreds of years. It has been used to reduce fever and treat malaria, but it is also used as a pain killer and anti-inflammatory medication. Many people have used it to treat nighttime leg cramps.

Since 1969, the Food and Drug Administration (FDA) has received 665 reports of adverse side effects by patients who were using quinine. Side effects of quinine use included anemia, abnormal blood clotting or bleeding, irregular heartbeats, severe headaches, seizures, nausea, rash, visual disturbances, and liver damage. Ninety three of those reports turned into the FDA were of a patient’s death while using quinine. The FDA banned the sale of over-the-counter quinine used to prevent leg cramps in 1994 as a result of those reports.

Doctors could still write quinine prescriptions for patients with leg cramps until late 1995. At that point, the FDA said that doctors could no longer prescribe it for leg cramps. The only brand of quinine approved by the FDA to be sold on the market is Qualaquin, which is used to treat malaria. Because the FDA doesn’t see leg cramps as life threatening like malaria can be, the benefits of using quinine no longer outweigh the risks.

However, some patients who liked benefits of quinine for leg cramp treatment and continued to use it. While the FDA ordered manufacturers to stop producing the unapproved drugs as recently as December 2006, many brands were still illegally available for sale on the market.

If you or someone you know has suffered adverse side effects as a result of taking quinine, you may have a claim against the manufacturers. Consult a lawyer that is familiar with the FDA findings to see what legal rights you have as a consumer. But, before you contact a lawyer, it is recommended that you put together a timeline of your quinine use, who you purchase it from, what symptoms you suffered, other medications you were taking at the same time, and when you stopped using quinine.

Morgan Keegan is an investment banking and securities firm which is part of the larger Regions Financial Corporation. Regions serves the southern part of the United States with offices in Alabama, Arkansas, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia.

Morgan Keegan customers who invested in certain types of Regions Morgan Keegan funds may be able to join a class action lawsuit. During 2007, customers who purchased:

• Regions Morgan Keegan Select High Income
• Regions Morgan Keegan High Income Fund-C
• Regions Morgan Keegan High Income Fund-A
• Regions Morgan Keegan High Income Fund-I
• Regions Morgan Keegan Strategic Income Fund
• Regions Morgan Keegan Intermediate Bond Fund-C
• Regions Morgan Keegan Intermediate Bond Fund-A
• Regions Morgan Keegan Intermediate Bond Fund-I
• Regions Morgan Keegan Multi-Sector High Income
• Regions Morgan Keegan Advantage Income

and lost money as a result of the investment may want to look into legal action against Morgan Keegan. These funds experienced losses of between 50% and 67% during 2007 when the subprime mortgage market dropped. All in all, investors lost over $1 billion dollars. Similar high-yield bond funds during the same time frame did not lose as much as these RMK funds. The lawsuit is open to investors who purchased funds from Morgan Keegan between December 2004 and October 2007.

The class action lawsuit contends that these investors lost money due to the mismanagement and fraudulent misrepresentations by some mutual fund managers. It is believed that these customers were not notified that these new investments had not been thoroughly tested and were traded in markets in which there were fewer buyers. This meant a higher risk of considerable losses for these investors – much higher than they agreed to when they agreed to purchase the RMK funds. It is believed that the fund managers gave the impression that these funds were relatively safe and stable, failing to disclose the risky aspect of investing in them. The lawsuit contends that had these investors been given the entire picture about the funds, many would not have invested in them and therefore not lost money.

To recoup loses from these funds, you may want to speak to a lawyer to see if you are eligible for this class action lawsuit. Being a part of the class action lawsuit means that you will not have to pay any legal fees, including that of the lawyers involved. Investors who lost more than $10,000 may wish to forgo the class action lawsuit and file their own individual case against the company; however, you will be responsible for paying your own legal expenses.

Digitek, a brand name of the drug Digoxin, is a medication used to treat many different types of heart conditions including atrial fibrillation, atrial flutter, and heart failure that cannot be controlled by other medication. It works to strengthen the force of the heartbeat by adding more calcium to the cells of the heart. It helps control irregular heartbeats by slowing the number of electrical impulses through the AV node.

However, Digitek tablets were recently recalled due to the fact that it is believed that they may contain as much as twice the approved dosage of digoxin. Digitek is manufactured by Actavis Totowa and distributed by Mylan Pharmaceuticals, Inc.

It is believed that this double dose can cause digitalis toxicity, which means a patient may suffer from nausea, vomiting, low blood pressure, cardiac instability, loss of appetite, bradycardia (slow heart rate), visual changes, palpitations, dizziness, cold sweats, difficulty breathing when lying down, and possibly death.

On April 25, 2008, Actavis Totowa issued a voluntary recall of Digitek tablets distributed between March 2006 and April 2008 saying there was a possibility that “tablets with double the appropriate thickness may have been commercially released.” This occurred after the Food and Drug Administration (FDA) began receiving reports of illness of patients having taken Digitek. Even Actavis admitted to getting 11 reports of patients suffering adverse side effects due to the double dosage. It is not known what caused the double dosage of the tablets or exactly how many tainted tablets had been distributed.

Bobbie and Robert Dyal were the first to file a federal Digitek lawsuit against Actavis Totowa. Bobbie was taking Digitek and in the lawsuit, claims to have suffered permanent heart damage from the defective tablets. On March 21, she was flown to Trinity Hospital suffering from the effects of digitalis toxicity. In the two months she spent at the hospital, she had to have a pacemaker installed. In the lawsuit, the Dyals believe that Actavis was negligent in not heeding FDA warnings that were issued in July and August of 2006 and February 2007, stating that the Digitek Bobbie received was not “the identity, strength, quality and purity they purport to possess.” Since that first lawsuit, a class action lawsuit has been file in the U.S. District Court in New Jersey.

If you or someone you know took Digitek between March 2006 and April 2008 and suffered serious side effects, you should contact your doctor for medical advice.

Mesothelioma is a form of cancer. The way you contract this form of cancer is almost always because of exposure to asbestos. It is most commonly found in the lungs, but can also be found in the abdomen, the pericardium (heart) or the tunica vaginalis. In 1960 research was published that established the link between asbestos exposure and Mesothelioma.

As mentioned before, the way most people contract Mesothelioma is due to exposure to asbestos; specifically by working in a job where they inhaled asbestos. Asbestos mines are probably the first industry you might think of, but many different manufacturing processes utilize asbestos. They include: cement, roof shingles, flooring products, insulation, textiles, and brake linings. Other industries where you might find asbestos exposure include chemical plants, power plants, and oil refineries.

There is also some evidence of second hand exposure to asbestos. In other words, the family members of people who work in industries where they have exposure to asbestos can bring home the asbestos on their clothing and thus their family members might inhale it as well.

The signs and/or symptoms of Mesothelioma often don’t appear until more than 20 to 50 years after initial exposure. Often times the cancer is not diagnosed until it is in a very advanced state. There about 2000 new cases of Mesothelioma diagnosed in the United States each year. While this sounds like a large number, it is still considered rare.

Steve McQueen, an actor, died from Mesothelioma in 1980. There is some speculation as to how and when he contracted this form of cancer. Some think he was exposed while serving in the Marines, while other think he might have been exposed while wearing a protective racing suit.

The first lawsuit against an asbestos manufacturer was filed in 1960. During the 1970’s the number of lawsuits filed increased, and it is estimated that perhaps a half a million lawsuits have been filed. In 2005 California passed legislation that would expedite a Mesothelioma lawsuit if the plaintiff’s cancer was end stage.

On September 8, 2008 a lawsuit was filed in the Southern District of New York Court on behalf of investors who held publically traded securities of Fannie Mae between November 16, 2007 and September 5, 2008. This lawsuit is seeking class action status.

Fannie Mae is a nickname for the Federal National Mortgage Association, or the FNMA. Fannie Mae is a private corporation that buys home mortgages, becoming a source of funds for mortgage lenders. The organization was created by Congress but is a private, shareholder owned company. The federal government has stepped in to take over the company in order to prevent it from failing. Together with Freddie Mac Fannie Mae guarantees almost half of the United States’ mortgage debt.

The lawsuit, filed by the Coughlin Stoia law firm, seeks damages, attorneys’ fees, and equitable or injunctive relief for those people who purchased shares between the dates mentioned above. The lawsuit was filed against four current and/or former executives of the company. The four individuals named in the lawsuit are: Stephen Ashley, chairman of Fannie Mae’s board; Daniel Mudd, president and CEO; Stephen Swad, former CFO; and Robert Levin, former executive vice president and chief business officer.

A class action lawsuit is a suit that is filed by one or more parties on behalf of a group (or class) of people all having the same grievance.

The deadline for joining the class action lawsuit is November 7, 2008.

Byetta is a prescription drug from Amylin Pharmaceuticals, Inc. It is an injectible drug used to treat Type 2 diabetes and was approved for use by the FDA in 2005. This drug has been potentially linked to a significant side effect known as acute hemorrhagic or necrotizing pancreatitis. Pancreatitis is an inflammation of the pancreas that can cause problems such as infection, bleeding, tissue damage and even in some cases death.

In October 2007 the FDA warned health care providers of the risk of acute hemorrhagic or necrotizing pancreatitis with the use of Byetta.

On August 18, 2008 the FDA announced that it was working with the makers of the diabetes drug Byetta (Amylin Pharmaceuticals) to add a stronger and more prominent warning on the packaging of this prescription drug about the danger of pancreatitis.

Most recently a lawsuit was filed in California in San Diego Superior Court.

The prescription drug Quetiapine is marketed by AstraZeneca under the name of Seroquel. It is part of a class of drugs known as “atypical antipsychotics” which are used to treat bipolar disorders and schizophrenia. It was approved by the FDA in 1997 for use.

Seroquel was initially approved for the treatment of schizophrenia but has been used “off label” to treat other disorders including insomnia, anxiety, autism, depression, dementia and other sleep disorders. In 2006 the FDA issued a “black box” warning on Seroquel, stating that the use of this prescription drug in the treatment of dementia could cause serious side effects that possibly would result in death.

Several lawsuits and a class action lawsuit have been filed on behalf of patients who have taken the drug Seroquel and who have developed diabetes. Several of the lawsuits state that the company marketed and promoted the prescription drug Seroquel while minimizing, down playing or even concealing the potentially dangerous risks and side effects of the drub.

The Durom Cup is manufactured by Zimmer Inc. This medical device was created in 2006 and has been used in more than 12,000 U.S. patients as a part of hip replacement surgeries.

On July 22, 2008, Zimmer Inc. ceased the sales of their Durom Cup hip replacement parts in the United States after doctors reported having to do revisions and further hip surgery after the using the Zimmer products.

However, some experts feel that suspension of sales came far too late for many patients. Dr. Lawrence D. Dorr, an orthopedic surgeon and medical director of the Dorr Institute for Arthritis Research and Education said in April 2008 that the failure rate of the Durom Cup is with the first two years of implant. He noted that after the first year, the x-rays looked perfect, but followed that up with “These early cups fooled us, but the symptoms were so classic for a loose implant that we operated the patients. When we hit on the edge of the cup it would just pop free. As time goes by the cups begin developing radiolucent lines. We now have one cup at two years that has actually migrated a short distance.” He didn’t feel that the fixation surface is good on the Durom cup and that circular cutting surface on the edge of the cup prevented the cup from fully seating. He said he and his staff of doctors stopped using the cup after the first revisions.

Zimmer finally agreed to start an investigation into the allegations of problems with the cup in May 2008 after numerous complaints by surgeons. The company reviewed over 3,100 patient cases before deciding that the technology and design of the Durom cup required additional instructions and training. They plan to develop instructions which will help the surgeon reduce the risk of problems when the implant is performed. Zimmer also stated that it planned to put into practice a surgical training program in the U.S. and only allow surgeons who had completed the training to perform hip replacements using the Durom cup.

Rather than issue a recall, Zimmer merely suspended sales of the product in the United States until the new procedures could be put in place, feeling that it was lack of proper training and not a manufacturing defect that caused all the additional surgeries.

But, is Zimmer at fault for not providing adequate instructions and trainings from the beginning? It appears that perhaps even the shareholders of Zimmer stock believe the product is faulty and was left on the market too long. Shareholders who purchased stock between January 28, 2008 and July 21, 2008 recently filed a class action lawsuit against Zimmer. The lawsuit, filed in the Southern District of Indiana, says that Zimmer failed to disclose that a disproportionate number of patients receiving the implant then having to undergo corrective surgeries. The day after the suspension of sales was announced, the Zimmer stock declined from $70.88 per share to $66.01.

If you or someone you know has had the Zimmer Durom cup hip replacement and experienced unexplained hip pain three months or more after the original surgery or loosening of the parts which required additional surgeries, you may want to seek legal advice. Many lawyers will offer a free consultation to find out if you have a case against Zimmer or not due to faulty parts.

Cipro (also known as ciprofloxacin, ciproxin, and ciprobay) is a synthetic antibiotic manufactured by Bayer A.G. Like Levaquin, Cipro is in the group of drugs known as fluoroquinolones. Cipro is used to treat lower respirator tract infections (including pneumonia and acute bronchitis), certain STDs, skin infections, soft tissue infections, septicemia, legionellosis, and anthrax. It was approved by the FDA in the fall of 1987. Since then, it has become the best selling antibiotic in the world. The gross sales for Cipro alone in 1999 were $1.04 billion.

There is a list of side effects that could occur as a result of taking Cipro. The most commonly seen side effect of taking Cipro is gastrointestinal irritation, but some users may find themselves sensitive to light (photosensitivity), suffering from constipation, or sensitive to caffeine. However, an alarming number of Cipro users have reported swelling of joints and cartilage, chronic pain, and even tendon rupture in the Achilles tendon, the rotator cuff, the biceps, the hand, and the thumb.

It was the tendon ruptures that caused the Food and Drug Administration (FDA) to change the packaging of Cipro in 2005 to include the possibility of tendon ruptures and permanent neurological conditions. This past July, Public Citizen, a consumer advocacy group founded by Ralph Nader and Alan Morrison, finally pressured the FDA into adding a “black box” warning to Cipro and other fluoroquinolones labeling, stating that taking Cipro increases the risk of tendonitis and tendon rupture. However, the FDA has not recalled Cipro, due to the fact it feels the advantages of the drug far outweigh the possibility of tendon rupture and most physicians agree. The FDA has said “The risk of developing fluoroquinolone-associated tendinitis and tendon rupture is further increased in people older than 60, in those taking corticosteroid drugs, and in kidney, heart and lung transplant recipients.” Doctors have advised patients to stop taking Cipro at the first sign of any tendon pain or inflammation, avoid exercise, and contact them immediately.

Despite the new label warnings, Public Citizen feels that Cipro has been unsafe for a while now. Between November 1997 and December 2005, the FDA received reports of 262 patients taking fluoroquinolone suffering from tendon ruptures. There were another 258 reported cases of tendonitis and 274 cases of other tendon disorders by Cipro patients during that time frame. Public Citizen feels that there are more cases that have not actually been reported to the FDA. The nonprofit organization filed a petition with the FDA in 1996 to have a warning label addressing the rupture issue. The FDA granted the petition, but the warning was all but hidden in the list of other side effects of Cipro.

Now that the FDA has finally put the “black box” warning on the label, the question is – was it too late for some patients? If you or someone you know suffered tendon problems such as a rupture or tendonitis while taking Cipro before the warning was added, you may want to contact a lawyer to find out more about a lawsuit and see if you are entitled to compensation for your pain and suffering.