Posts Tagged ‘Lawsuits’

Rottenstein Law Group Takes Notice of Great Number of DePuy Lawsuits Filed, Reimbursements Reported

Rottenstein Law Group Takes Notice of Great Number of DePuy Lawsuits Filed, Reimbursements Reported

The Rottenstein Law Group, LLP

New York, NY (PRWEB) November 14, 2011

In a memorandum of law filed last week by counsel for the plaintiffs’ executive and steering committees in the multidistrict litigation over DePuy’s ASR hip devices—In Re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation, no. 1:10-md-2197—the committees note that “[a]pproximately two thousand six hundred (2600) cases are currently pending in this MDL and approximately 20 cases are filed daily.” (The memorandum supports a motion to create a “common benefit fund to compensate for fees and expenses for work performed for the benefit of all parties.”)

In August of 2010, DePuy announced a global hip replacement recall of two devices: the ASR Hip Resurfacing System and the ASR XL Acetabular System. Each unit replaces a worn or weakened part of the hip. Many orthopedic doctors believe that the units were poorly designed; the implants can generate debris from wear, causing inflammation and tissue damage in recipients, as reported last year by the New York Times. 93,000 persons worldwide had an ASR device implanted before the recall, according to data published by DePuy itself.

DePuy, a Johnson & Johnson company, recalled its ASR devices globally after the National Joint Registry of England and Wales made public data showing that, within five years, about 12% of recipients of the hip resurfacing system and about 13% of recipients of the acetabular system needed corrective surgery.

A piece published on November 12 at WA Today, reported that “Johnson & Johnson has revealed it has ‘reimbursed’ $ 21 million in claims from more than 3500 patients fitted with DePuy implants.” It is not clear, however, whether those 3,500 patients are in Australia, where WA Today is published. The report notes that “[o]fficial estimates show about 5570 DePuy implants have been placed in patients in Australia and so far more than 430 have had to be removed and replaced in what are difficult, costly and painful operations.”

Rochelle Rottenstein, principal of the Rottenstein Law Group, says, “We implore anyone with a friend or relative who has received a hip replacement device since 2003 to reach out to that person and recommend that he or she consult a physician immediately and then speak to a qualified personal injury lawyer. While most of those who have called RLG are from California, Illinois, and Ohio, this is a nationwide problem, and we’re prepared to help victims all across the country.”

The Rottenstein Law Group maintains a DePuy ASR Hip Replacement Recall Information Center at http://www.depuyhipreplacementlawsuit.com. The site has features that allow for easy sharing, including links for automatic posting on Facebook and Twitter, specifically to enable visitors to spread the word about the DePuy ASR recall.

About THE ROTTENSTEIN LAW GROUP

The Rottenstein Law Group is a New York-based law firm that represents clients in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices. http://www.rotlaw.com


Contact:

The Rottenstein Law Group, LLP

Rochelle Rottenstein, Esq.

1259 Veeder Drive

Hewlett NY 11557

(212) 933-9500 (office phone)

(212) 933-9980 (facsimile)

rochelle(at)rotlaw(dot)com

http://www.rotlaw.com

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Mesothelioma Lawyer | Asbestos Claims & Mesothelioma Lawsuits

Mesothelioma Lawyer/Attorney ( www.lpklaw.com ) Robert I. Komitor of Levy Phillips & Konigsberg, LLP talks about the different types of asbestos claims and mesothelioma lawsuits that an injured person can bring against the manufacturers and suppliers of those asbestos products that he/she…

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Nuva Ring Lawsuits and Nuva Ring Class Action Lawsuit – What is the Difference?

Nuva Ring Lawsuits and Nuva Ring Class Action Lawsuit – What is the Difference?

Nuva ring lawsuits can be filed by individuals or by their families, who have suffered due to the problems and side effects associated with the use of Nuva ring birth control. The one who has filed the lawsuit will have to prove that the suffering and harm done to the individual was due to the use of Nuva ring and did not exist prior to using Nuva ring or were enhanced and multiplied with the regular use of Nuva ring. Problems like blood clots, strokes, and heart attacks that are associated with Nuva ring will have to be proved as occurring from and after the regular use of Nuva ring. Sometimes it is difficult, time-consuming, and a costly affair to fight a case and prove these issues. But collectively on a larger scale, with many individuals coming together and fighting as one can turn the scales. That is why a Nuva ring class action lawsuit is much better than fighting a lone battle.

A “class action” simply means a civil suit filed by many people on behalf of themselves and many others who are suffering from the side effects of using Nuva ring. Some individuals may have suffered from DVT or blood clots, while others may have suffered ischemic strokes, while some others may have suffered heart attacks and vision impairment, and some may have even died from the side effects. Instead of filing individual Nuva ring lawsuits, these individuals can be brought together as a group and all the individual lawsuits can be combined and clubbed together to initiate a Nuva ring class action lawsuit.

Individuals filing and fighting individual Nuva ring lawsuits may soon tire out from the long drawn out legal process. The company Organon too will use delaying tactics and fight the lawsuits tooth and nail and may try to disprove the claims. The lawsuit may drag on for years and slowly fade out of public memory and concern. But a Nuva ring class action lawsuit is a collective effort on behalf of many individuals and there is strength in fighting a lawsuit collectively, rather than individually. It’s the same principle that applies to a stick: you can break a single stick, but you can’t break a bunch of sticks.

Besides the collective strength and emotional support of a group in the same circumstances of suffering, individual Nuva ring lawsuits may redress the grievances of one individual family, while a Nuva ring class action lawsuit redresses the grievances of a group of individuals and families and society as a whole.

More Lawsuit Articles

Slip and Fall Lawsuits and Getting a Lawsuit Settlement Loan

Slip and Fall Lawsuits and Getting a Lawsuit Settlement Loan

It’s an everyday occurrence, a person or person(s) are injured due to a slip and fall accident. A slip and fall accident can cause greatly bodily harm to a person, this is especially true with older individuals. Sometimes, these slip and fall accidents occur on other peoples or businesses property, and are the result of negligence of that person or business.

It’s all too common to find that person who didn’t salt their stairs after the last snow fall, or that business with wet floors and no caution signs. These types of accidents are due to the negligence of the owner of the property and compensation is required by civil law. However, compensation is usually required to be obtained in a civil lawsuit and can take months if not years to settle. During this period the plaintiff might not be able to work due to injuries from their accident. How does someone in this situation get money to keep their financial life straight? The answer is a lawsuit pre-settlement loan!

A lawsuit pre settlement loan is an option for “every single plaintiff” in a pending lawsuit; and this includes slip and fall injuries. Settlement loans are very simple to understand, it’s when a lawsuit loan provider or investor will loan you a specific amount of money with your pending lawsuit as merit. They receive back their loaned amount, plus interest when your case is settled. However, they “only” are required to pay back the amount of the settlement loan if your case reaches a favorable verdict. If you don’t win your lawsuit, you do not pay back one dollar to the settlement loan provider.

Some of the things a settlement loan provider will do is review your current slip and fall injury case. They will speak with your attorney to find out exactly what happened to cause the accident, what evidence there is to provide what happened and the amount of compensation being sought. Your current income, employment history and credit history play no role in the settlement loan approval process. It is completely based on the probability of your case winning and how much compensation it can receive.

So, if your in the middle of a pending slip and fall injury lawsuit and cannot work a lawsuit pre settlement loan might be right for you. It allows you to seek financial assistance during your lawsuit without having to worry how you’ll pay back the assistance if you lose your pending case. Read below to learn how Legal Settlement Loans assistance plaintiffs in their search for a lawsuit settlement loan.

California Supreme Court Protects Consumers Against Efforts By Big Tobacco To Close The Courthouse to Class Action Lawsuits

San Francisco, CA (PRWEB) May 19, 2009

Audet & Partners, LLP, a well known plaintiffs’ consumer law firm, noted that the Supreme Court of California recently issued a pro-consumer ruling regarding Proposition 64 and found that consumers still have the right to seek class action status under California law. The ruling, In re Tobacco II Cases, 09 C.D.O.S. 5993, was published on May 18, 2009.

“We want to congratulate the fine work done by attorney Mark Robinson, a renowned fellow trial lawyer, for his excellent work in arguing the case before the California Supreme court” noted Audet & Partners, LLP founder William M. Audet. “Without a doubt, Mark Robinson’s advocacy carried the day,”

At the heart of the case was whether Proposition 64, a 2004 California ballot proposition, was meant to severely limit class actions against the corporate wrongdoers. Ruling for the majority, Justice Carlos Moreno held that proposition 64 was meant to halt frivolous lawsuits and was not meant to weaken consumer protection laws, or otherwise halt class actions.

This new ruling will clarify a number of legal issues, and will reject the idea that in a class action, each and every class member will have to show “reliance” on a fraudulent act to win a class action. This will mean that the hundreds of thousands of California residents who have been harmed by tobacco companies may seek relief in court.

“This is a great day for all California residents who have lost money or have been seriously injured by the egregious conduct of large corporations” says William M. Audet.

About Audet & Partners, LLP:

Audet & Partners, LLP is a nationally recognized trial firm located in San Francisco and affiliated with firms throughout the United States. The firm attorneys have concentrated their practice on the prosecution of complex individual, mass tort and class action cases.

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Related Class Action Press Releases

The Nuva Ring Class Action Lawsuits May Hinge on How Much Was Known About Risk

The Nuva Ring Class Action Lawsuits May Hinge on How Much Was Known About Risk

In 2001, the FDA approved the use of Nuva Ring for birth control purposes. Now questions and Nuva Ring class action lawsuits are being raised because of an increasing number of deaths and complications that have been occurring in otherwise healthy and young women who used the product. One of focuses of the Nuva Ring side effects lawsuit is the risk of NuvaRing pulmonary embolism.

If a Nuva Ring side effects lawsuit is going to be successful, some important questions need to be answered about how much was known about the increased risk of NuvaRing pulmonary embolism. Through research for the Nuva Ring class action lawsuits, however, the reports suggest that enough might not have been known about the risks to consider the product safe without greater warnings from the manufacturer and from physicians.

One thing that is known about Nuva Ring is that the risk of developing blood clots and possibly NuvaRing pulmonary embolism was going to be greater than with alternative types of birth control. As even the Nuva Ring side effects lawsuit would admit, these types of hormone-based contraceptives do carry this risk. However, this product is known as a combination hormonal contraceptive because it contains both estrogen and progestin. In some of the studies of certain kinds of progestin, including the type used in Nuva Ring, an increased risk was found.

Of greater interest for the Nuva Ring class action lawsuits may be the fact that most of the warnings and research were based on the risks associated with oral contraceptives. According to some reports, no studies have been done to prove that the safety of using a vaginal contraceptive like this product would be comparable to those of oral birth control options. Yet, the product was presented as safe by both the manufacturer and the FDA. Again, these claims and this research would be a central focus of the Nuva Ring side effects lawsuit.

Although the Nuva Ring class action lawsuits may bring needed attention to this problem and to the potential risks millions of women around the world may be facing, no amount of money or media attention received through the Nuva Ring side effects lawsuit can make up for all that these women and their families have lost as a result of problems, such as the NuvaRing pulmonary embolism.

Copyright, Content and Class Action Lawsuits: A Debate on the Google Book Search Settlement

When Google began its initiative in 2004 to digitize 15 million books within a decade from university and public libraries, the project was met with immediate resistance by some authors and publishers who objected to the decision to include books still protected under copyright. The Association of American Publishers and the Authors Guild of America sued Google for copyright infringement while Google defended its Google Book Search service saying that the project should be considered fair use. Recently an out-of-court settlement was reached between the parties, and individual authors and copyright holders have until May 5, 2009 to decide whether to opt-out of the class action lawsuit. Is the settlement in the best interest of authors, publishers, libraries, and the public? Critics of the settlement argue that it turns book authors into fully subordinated, last-in-line net residuaries and that it creates a fundamental change in the digital world by consolidating power in the hands of one company. But Google and the Association of American Publishers contend that the settlement will bring unprecedented online access to all readers of in-copyright content, with Google co-founder Sergey Brin stating The real victors are all the readers. The tremendous wealth of knowledge that lies within the books of the world will now be at their fingertips. In this event, ITIF brings together different sides of the debate to discuss the settlement, its implications and the broader issues of …

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Captain Ben Chancey and Capt. Dave Hoke battle Snook, Canal Tuna, Jack Crevalle, and Cobia in this episode of “Chew On This” filmed in Charlotte Harbor, FL.

Consumer Protection and the Role of Class Action Lawsuits

Consumer Protection and the Role of Class Action Lawsuits

Consumer protection laws exist to protect regular folks just like you and me. They’re there to give consumers a way to remedy situations where there has been an outright scam, advertising that is misleading (or a flat out lie), bad service, failure of a service company to fulfill a contract and the likes.

Consumer Protection Laws

One way that these consumer protection laws are upheld is through consumer protection class action lawsuits. These are lawsuits that are brought against companies or individuals who have broken the consumer protection laws. Basically, the idea is to have a mechanism in place that makes manufacturers and businesses do and provide what they say that they’re going to, when we pay them our hard earned money. So what are some situations that might demand a consumer protection class action lawsuit?

Well, let’s take a look at three common scenarios where consumer protection laws are violated and class action lawsuits may be warranted:

You buy something at a national chain store like K-mart or Walmart … you expect it to be and do what it has been marketed to do, right? But wait, that Martha Stewart glass top table that you purchased just shattered and you sure haven’t used it inappropriately. Hopefully, no one was hurt in the process, but still your table didn’t hold up to normal wear and tear …

In a case like this, it’s worth checking around to see whether this was a one-time fluke or if it’s a manufacturer’s defect. If it’s a defect, a consumer protection class action may be in order.

Or maybe you’ve finally decided it’s time to join the rest of the world online and you sign-up for a well known Internet service provider … everything’s going along just fine until BAM … you get your bill and they’ve gone ahead and billed you during their “free trial”. Think it’s a mistake? Think again … they’re actually making a killing off of unsuspecting computer newbies. And what’s worse? They’re nearly impossible to reach by phone!

In situations like this, companies are just plain cheating the public and they know it. You’ll notice that so-called ‘accounting and billing mistakes’ are never made in favor of the consumer.

How about this situation … have you ever had a lender (of any kind) request that you sign a consumer credit contract without full disclosure of the terms of the agreement? Or maybe you’ve purchased something on credit and the base price has been raised because you aren’t paying cash?

These are clear violations of the Truth in Lending Act. If you and others have had the same bad experience, a consumer class action is perhaps the only way to stop these people from doing what they’re doing and to collect any damages due you.

Consumer protection laws are in place to protect the public from these and many more instances of fraud. Maybe it’s time you looked into that problem you’ve been having with a product or service provider and see if there isn’t already a consumer protection class action lawsuit in play that addresses your needs.

What Are Class Action Lawsuits?

What Are Class Action Lawsuits?

Find out about class action cases and see if you have a class action lawsuit and determine whether or not you may be entitled to compensation. A class action lawsuit is a lawsuit brought by one or more Plaintiffs (“Representative Plaintiffs”) on behalf of a larger group of others who have a common interest. These large groups can be businesses, consumers or injured people.

Representative Plaintiffs are required to file a motion requesting the action be class certified. If class certification is granted, they are allowed to proceed with the claim. If the Representative Plaintiffs are successful in the lawsuit, they are permitted to settle the claims of each person in the larger group.

Federal law states a class action suit must have certain specific characteristics. The group of members in the class must be of such a size that lawsuits on behalf of each individual would be impractical. All members must have common legal or factual claims. The claims of the class must be typical. Representative Plaintiffs must protect the claims of the other members of the class. In addition, the Representative Plaintiffs may be required to show that the common issues will dominate the proceeding, rather than facts pertaining to individual claims. They must also demonstrate a class action lawsuit is the most effective method to deal with the claims rather than individual lawsuits. Class action lawsuits can be filed in either Federal Court or State Court. Many states have rules that are similar to the federal rules, however, some states limit the types of claims permitted or do not provide for class action lawsuits. Other states have instituted regulations which vary from the federal rules. There are many forms of class action lawsuits. Some of the circumstances for which class action lawsuits are suitable are:

* Anti-trust claims: Brought on by consumers who suffer financial losses due to illegal overpricing of products and services;
* Consumer Actions: Brought on by consumers who are injured by a company’s illegal or unethical practices;
* Consumer Produce Claims: Brought against a manufacturer, designer, distributor or retailer when consumers are injured by a faulty or defective product;
* Breach of Warranty: Brought on by consumers if a warranty on a product is misrepresented or false ;
* Employment Claims: Brought on by employees of a large company against the company for a range of claims;
* Employee Benefits: Brought on by employees of a single employer for benefit violations;
* Insurance Claims: Brought on by insurance holders who have policies where the insurance company does not investigate or pay claims or when the insurance company denies a certain class of individuals coverage;
* Medical Devices: Brought on by individuals, or their families members, who suffered injuries from a malfunctioning medical device;
* Pharmaceutical Litigation: Brought on by patients, or family members, who have suffered injury or death by an over-the-counter or prescription medication;
* Securities Class Action: Brought on by investors against a company or financial advisors for losses sustained as a result of improper conduct.

Types of Class Action Lawsuits

Types of Class Action Lawsuits

Under the legal system exists an act of law that effectively outlines the procedures, standards and requirements for individuals looking to develop class-action litigation. The 2005 Class Action Fairness Act does precisely this; assuring fair and adequate recovery of claims, which are legitimate.

These large groups can be comprised of consumers, small businesses or injured people. One or more of the affected then represents the harmed group in court, and if those representatives meet specific criteria, they are granted permission to prove and settle not only their own claims, but also the claims of each individual of the larger affected group as well.

Antitrust Claims

Antitrust actions are typically brought when consumers suffer financial losses because products and services are illegally overpriced. This overpricing can occur due to companies fixing prices at artificial levels to secure higher profits and/or to force out competition, forming agreements that allocate markets or customers among competitors to eliminate or reduce competition and through bid rigging.

Consumer Actions

Consumer class actions are generally brought when consumers are injured by a company’s systematic and illegal practices. Examples include illegal charges on bills, illegal penalties for late-payments, and failure to comply with consumer protection laws.

Consumer Product Claims

Legal actions are often brought about because of defective products that cause harm or injury to large numbers of individuals due to faulty labeling, design defects or defective manufacturing. It is the responsibility of the manufacturer, designer, distributor, or retailer to ensure that the product does not cause harm and they can be held liable.

Breach of Warranty

Warranties on personal items, appliances, automotives and many other consumer products exist to protect consumers regardless of whether the product specifically states the coverage. When this assurance is false or the quality is misstated class action lawsuits are often brought against the liable party.

Employment Claims

Employment class action lawsuits are typically brought on behalf of employees of a large company for claims ranging from systematic workplace discrimination, illegal hiring and promotion practices, wrongful termination policies and practices, unpaid unemployment benefits and unpaid overtime.

Employee Benefits

These class actions by employees of a single employer generally address violations of Employee Retirement Income Security Act (ERISA) and involve discriminatory practices or violations in employers plan design. Additionally, some health plan benefit payments may be considered illegal because of discrimination laws.

Insurance Claims

Insurance companies that misrepresent policies, do not pay valid claims, deny coverage to classes of individuals, fail to make prompt investigations or payments are all vulnerable to class action lawsuits.

Medical Devices

Medical devices that malfunction cause serious injury or death and the manufacturers of these devices are liable to the group of people and their families who suffer because of the defect of the device.

Product Liability/Personal Injury

Product liability and personal injury class action lawsuits are generally brought when a defective product, unreasonably dangerous product, unsafe environments or negligent practices kill or seriously harm and injure people.

Pharmaceutical Litigation

Pharmaceutical liability claims of prescription and over-the-counter medications are brought when drugs that are intended to help people causes side effects, injuries, serious harm or sometimes death in a large group of people. This can occur because clinical trials were not large enough to determine increased risks, when drugs are prescribed to the wrong patients or when drugs are regularly co-prescribed with other drugs and cause adverse reactions.

Securities Class Actions

Securities class actions are typically brought on behalf of a group of investors who have been injured as a result of a company’s improper conduct, such as misstating earnings, concealing or misrepresenting risks, or otherwise engaging in activity detrimental to the company. Other securities actions are brought as direct result of a financial advisor or broker’s, or group of advisors, repeated misrepresentation, negligence, dishonesty or fraud.

Additionally, a variety of other industry class action lawsuits exist depending on the type of injury a group has suffered from because of another. A law firm that handles these types of cases can provide the guidance necessary to proceed with a class action lawsuit. Most fees are paid by the class action settlement.