| Read Time: 2 minutes | Defective Consumer Devices

Bayer Offers Sweeping Settlement to Plaintiffs

December 1, 2020 — Bayer is making significant progress toward settling thousands of U.S. Roundup lawsuits.  A large percentage of the plaintiffs involved in the lawsuits are choosing to participate in the settlement, even if they expect to receive what they consider to be unfair payouts.  According to a letter sent to plaintiffs in late November 2020 by one of the lead law firms in the Roundup litigation, more than 95 percent of the “eligible claimants” are reported to be participating in Bayer’s sweeping settlement plan.  Plaintiffs can opt-out of the settlement and take claims to mediation, or they can find a new lawyer to try their case in court.  The rough estimate on average gross payouts per plaintiff is said to be around $165,000 by the lawyers and plaintiffs involved.  There is no guarantee that a plaintiff’s payout proposal will be anywhere near that average, though, as it could be much higher or much lower. To be eligible to participate in the settlement, the plaintiff has to be a U.S. citizen, have been diagnosed with non-Hodgkin’s lymphoma, and had exposure to Roundup for at least one year before their diagnosis.  The terms of the settlement deal state that the agreement with Bayer will be complete when the settlement administrator confirms that over 93 percent of the claimants qualify.  A plaintiff found ineligible by the administrator has 30 days to appeal the decision.  Plaintiffs found eligible will be awarded a number of points by the administrator.  The points are based on specific criteria relating to the plaintiffs’ unique situations and determine the amount of money that they will receive. In the points system, basis points are determined by the age of the plaintiff at the time they were diagnosed with non-Hodgkin’s lymphoma.  They are also determined by the severity of their damages, which can be based upon treatment and the result of treatment.  The levels of severity vary from 1-5.  For example, a death would be given the points equal to a level 5 and more points are given to young people who have endured multiple rounds of treatment.  There are other adjustments allowed to the point system that give plaintiffs additional points, such as if they were exposed to Roundup longer or suffered from other damages.  Adjustments can also subtract points. Settlement funds are expected to start getting to the participants in Spring 2021, according to the lawyers involved. Reference:  “Monsanto Roundup & Dicamba Trial Tracker.” U.S. Right to Know, 2 June 2020, www.usrtk.org/monsanto-roundup-trial-tracker-index/

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| Read Time: < 1 minute | Dangerous Drugs

Generic Ranitidine Manufacturers Claim Plaintiffs Have Not Been Injured

The U.S. Food and Drug Administration (FDA) recalled all Zantac (ranitidine) antacid products from the market on April1, 2020, based on evidence that the products tested positive for unsafe levels of N-nitroso dimethylamine (NDMA), a cancer-causing substance. Since that time, many plaintiffs, who took the medication and were diagnosed with cancer, have filed against the makers of Zantac and generic ranitidine products. Some plaintiffs who were not diagnosed with cancer have also filed Zantac lawsuits because they fear they might get cancer in the future. In one such consolidated consumer class action complaint against generic manufacturers, the defendants have filed a motion to dismiss, alleging that the plaintiffs “fail to allege a true injury-in-fact,” if they have not been diagnosed with cancer.  To have a viable claim, the defendants argue that a plaintiff “must allege an injury that is distinct and palpable, as opposed to merely abstract, and the alleged harm must be actual or imminent, not conjectural or hypothetical.” The plaintiffs countered in their opposition response arguing the law holds that any products “that are so unsafe that they are illegal to buy or sell are also economically worthless and give rise to constitutional injury in fact when plaintiffs purchase them.” All federally filed Zantac and generic ranitidine lawsuits have been consolidated into the Southern District of Florida by the U.S. Judicial Panel on Multidistrict Litigation (JPML). Reference:  Luhanna, Roopal. “Generic Ranitidine Manufacturers Try to Get Class-Action Case Dismissed.” The Legal Examiner, 1 Dec. 2020. https://newyork.legalexaminer.com/health/generic-ranitidine-manufacturers-try-to-get-class-action-case-dismissed/

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| Read Time: 5 minutes | Dangerous Drugs

Do I Qualify for the Zantac Lawsuit?

If you previously took Zantac and developed subsequent health problems, you may be entitled to pursue legal action. Not everyone who has side effects will be eligible to bring a successful lawsuit, which is why it’s crucial to understand who actually qualifies for the Zantac lawsuit. The FDA issued a warning that Zantac and its generic form ranitidine could cause cancer in some users. If you can show a cancer diagnosis linked to ranitidine usage, you may qualify to bring a Zantac lawsuit. To learn more about pursuing a claim for damages, speak to a Zantac lawsuit attorney at Gerling Law today. What Is Wrong with Zantac? Zantac is both a prescription and over-the-counter medication designed to decrease the amount of acid your stomach produces. It could help with heartburn, acid reflux, and other throat, gastrointestinal, and stomach issues. However, in April 2020, the FDA announced that companies should remove Zantac and its generic version ranitidine from their shelves as they discovered unacceptable amounts of NDMA. The FDA’s permissible daily intake is listed at 96 nanograms. However, routine testing by the online pharmacy Valisure discovered levels exceeding three million nanograms per tablet. NDMA is the chemical N-nitrosodimethylamine, which is an environmental contaminant. Low levels of NDMA are found in some foods and water. At minimal levels, there is no expectation that your risk for cancer will increase. However, higher levels of exposure could increase your risk of cancer. Numerous studies have shown a link between NMDA and cancer in both animals and humans. It’s been known to cause cancer in animals and is probably carcinogenic to humans. It’s also the same carcinogen that led to a recall of the blood pressure drug Valsartan in 2018. Some studies on NDMA date back 40 years, and evidence suggests that manufacturers concealed the fact that there’s a potential link to cancer. By hiding this fact, companies like Sanofi and Boehringer Ingelheim profited significantly. Zantac was one of the first drugs to generate one billion dollars in sales. There are multiple theories on what causes NDMA to become carcinogenic in products like Zantac. There is a possibility that ranitidine’s inherent instability results in a chemical reaction that creates high levels of NDMA in your digestive tract. When nitrates are present, the chances increase. The FDA says NDMA is found in Zantac. Storing it at a temperature higher than room temperature could result in even higher NDMA levels. What Type of Cancer Does Zantac Cause? Research into the link between NDMA and cancer is ongoing. Some types of cancer that could result from NDMA exposure in ranitidine include: Stomach cancer, Esophageal cancer, Colorectal cancer, Bladder cancer, Intestinal cancer, Throat/nasal cancer, Pancreatic cancer, Liver cancer, Breast cancer, Lung cancer (non-smokers), and Prostate cancer. There could be other types of cancers related to Zantac use as well. These could include: Kidney cancer, Brain cancer, Thyroid cancer, Leukemia, Islet cell tumors, Multiple myeloma, and Non-Hodgkin’s lymphoma. If you have any of these types of cancer, it’s crucial to speak with a knowledgeable Zantac lawsuit attorney who can assist you. Who Is Suing Zantac? The initial lawsuit for Zantac was filed against Sanofi and Boehringer Ingelheim in California. The plaintiffs allege that these drug makers knew or should have known that Zantac was contaminated with a chemical with links to cancer. The plaintiffs suing Zantac are those people who developed cancer after taking ranitidine. There are already hundreds of plaintiffs, and the list is expected to grow by thousands more. There are several class-action suits, including plaintiffs who have used ranitidine but have not gotten sick. The plaintiffs in these suits are looking for reimbursement for the cost of the medication, and some are seeking equitable relief, such as medical monitoring. More manufacturers produced ranitidine tablets than just Sanofi or Boehringer. Other ranitidine products recalled in the FDA April 2020 release include: AHP (American Health Packaging)—ranitidine liquid unit dose cups and ranitidine tablets USP 150mg; Amneal (Amneal Pharmaceuticals, LLC)—ranitidine tablets 150mg and 300mg and Ranitidine syrup (Ranitidine Oral Solution, USP), 15 mg/mL; ANI (Appco Pharma LLC)—ranitidine tablets 150mg and 300mg; Apotex Corp. (Apotex Corp sold at Rite Aid, Walmart, and Walgreens)—ranitidine tablets 75mg and 150mg; Aurobindo & DG Health (Aurobindo Pharma, USA, Inc.)—ranitidine tablets and capsules 150mg; Glenmark (Glenmark Pharmaceuticals, Inc)—ranitidine tablets 150mg and 300mg.; Golden State Medical Supply, Incorporated (GSMS, Inc and Novitium Pharma LLC.)—ranitidine HCI 150mg and 300mg capsules; Lannett Company, Inc.—ranitidine syrup (ranitidine oral solution, USP) 15mg/mL; Northwind (Denton Pharma, Inc. dba Northwind Pharmaceuticals)—ranitidine tablets 150mg and 300mg; Perrigo Company PLC—ranitidine; Precision Dose (Amneal Pharmaceuticals)—ranitidine oral solution, USP 150mg/10mL; Dr. Reddy’s (Dr. Reddy’s Laboratories Ltd. sold at Kroger, Walgreens, Sam’s Club, CVS, and more)—ranitidine tablets and capsules; and Sandoz Inc.—ranitidine hydrochloride capsules 150mg and 300mg. If you still have any of these medications in your possession, keep the empty prescription bottles or other evidence that can help your lawsuit. However, you should properly destroy unused medicines following the FDA disposal guidelines. Who Actually Qualifies for the Zantac Lawsuit? To sue for Zantac-related cancer, you must meet the eligibility requirements. To start, you need to prove that you were taking Zantac. If you received a prescription for it, establishing usage is easier. If you took the over-the-counter version, it could be more challenging. You will need to gather any evidence that shows you took Zantac. Helpful evidence can include: Prescription records from your doctor; Pharmacy prescription records; Prescription bottles or packaging; and Purchase receipts. If you don’t have any of the items mentioned above, there may still be a way you can show proof. Very few people keep their bottles or receipts for medications, but you could also try to find records through the following:  Health saving accounts (HSA), Rx prescription drug cards, Health reimbursement accounts (HRA), Health flexible spending accounts (FSA), or Declarations or affidavits that you took over-the-counter Zantac. Next, you must have received a cancer diagnosis that aligns with one or more of the cancer types associated with exposure to NDMA. If your type...

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| Read Time: 4 minutes | news

Step by Step: What to Do if You Suspect Nursing Home Abuse

When you move a loved one to a nursing home, you expect the nursing home will treat them with the respect and professionalism they deserve. However, nursing home abuse and neglect are problems plaguing facilities across the country. Do you know what to do if you suspect abuse in a nursing home? Taking the proper steps can help keep your family members safe and the nursing home from harming someone else. What to Do If You suspect Abuse in a Nursing Home At Gerling Law, our nursing home attorneys have years of experience with suspected abuse and neglect in nursing homes. Here are the steps you need to take when you suspect something is going on:  Remain calm. It’s easy to lash out and lose your temper. However, remaining calm is vital as you need to keep a level head when attempting to resolve this situation. Speak to the nursing staff about red flags and suspected signs of abuse before proceeding with other actions. If you don’t get a satisfactory response, look at more formal action. Talk with your family member privately, if possible. In some cases, family members are unable to communicate and may not be able to tell you what’s happening. Watch everything going on when you visit and take notes. If possible, get photos of injuries or things that stick out, like unsanitary conditions. Contact the police right away if your loved one is in immediate danger. Report any suspected nursing home abuse or neglect to the proper legal authorities. When you suspect nursing home abuse, it’s essential to contact a nursing home abuse lawyer right away. Please don’t wait around to see what happens, as it’s crucial to stop the abuse before it happens again. What Is Nursing Home Abuse and Neglect? Nursing home abuse is one type of elder abuse. Patients in nursing homes who are mistreated, neglected, or receive substandard care can be elder abuse victims. Nursing home staff have a duty to protect and take care of their residents. Failure to do so is a breach of duty, and the nursing home can be held accountable. What Causes Nursing Home Abuse? Numerous factors can lead to nursing home abuse. Staff turnover is typically high in nursing homes, and many facilities are understaffed. It is a stressful job, and staff members are often overwhelmed and overworked. Unfortunately, some staff members take out those frustrations on the residents. Lack of adequate training is also a common problem that can lead to neglect and abuse. It’s important to point out that nursing home abuse is not limited to staff either. While less common, residents are at risk for abuse from visitors to the nursing home facility. If the staff is not properly supervising residents, they can still be held accountable. What Are the Six Types of Elder Abuse? It’s crucial to familiarize yourself with the six main types of elder abuse so you can look out for signs of abuse and neglect in a nursing home. Physical Abuse Physical abuse involves threatening to inflict or inflicting injury or physical pain on a nursing home resident. It can also include depriving the person of a basic need, such as purposely withholding food. Potential signs include unexplained injuries, bruises, sprains, broken bones, marks on the wrists that suggest the use of restraints, etc. Emotional or Psychological Abuse Emotional or psychological abuse includes inflicting  mental pain, distress, or anguish on an elderly person through verbal or non-verbal actions. Actions can include intimidation, insults, threats, name-calling, and more. Potential warning signs to look for in your family member include being suddenly depressed or withdrawn, isolation, mood swings, appearing scared, and a change in sleeping patterns. Sexual Abuse It’s hard to fathom that sexual abuse is a problem in nursing homes. While not as common as physical or emotional abuse, it does happen. Sexual abuse is any non-consensual sexual act coercing or forcing someone to witness or participate in sexual activity. Elders who cannot communicate for themselves, have a disability that prevents them from consenting, or have Alzheimer’s or dementia are more at risk. Warning signs of sexual abuse in a nursing home include bruises on inner thighs or genitals, bleeding or pain in the genital area, torn or bloody underwear, panic attacks, and sudden withdrawal. Neglect or Abandonment by Caregivers When someone fails to provide necessary care, shelter, food, or protection, it can be considered neglect. Neglect is more than a mistake or accident; it is rooted in carelessness and disregard for the resident’s wellbeing. Examples can include failure to provide hygiene, clothing, essential activities, etc. Financial Exploitation Financial exploitation is also a common problem with elders, especially in nursing homes. This type of elder abuse involves the unauthorized or illegal use of a person’s financial resources. Someone in a trusting relationship with the victim could take property, get ahold of their ATM card and withdraw funds, coerce them to change their will, and more. Healthcare Fraud and Abuse When a nursing home employee mistreats a patient and then submits the payment of a claim for the services involved, it can fall under health care fraud. For example, a staff member may abuse a patient and then submit a claim to the resident’s insurance for the treatment required to treat their injuries. Other examples include medical identity theft, billing for services not provided, charging for medical equipment not received, and counterfeit prescription drugs. How Much Is a Nursing Home Neglect Case Worth? Without knowing the facts yet, it’s impossible to estimate what your nursing home neglect case is worth. We evaluate each case individually. Because no two cases are alike, no two settlements are precisely the same. Once we learn more about the type and extent of your family member’s injuries, we can provide you with an accurate evaluation. How a Nursing Home Attorney Can Help An experienced nursing home abuse attorney can help you recognize the warning signs of abuse and help you get the compensation your family is...

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| Read Time: 5 minutes | Car Accident

When You Should Hire a Lawyer After a Car Accident

Being involved in a car accident is a traumatic experience. When someone else’s negligence caused the collision, you could have the legal right to pursue a claim. Filing a claim against the other party’s insurance may seem pretty straightforward, but the claims process can become complicated rather quickly. Knowing when to hire a lawyer after a car accident is essential. In most car accident cases, you need someone on your side who can protect your rights and help you fight for the compensation you deserve. At Gerling Law, we understand how stressful and frustrating the auto accident claims process can be. Our car accident injury lawyers have decades of experience helping clients in Indiana, Kentucky, and Illinois resolve all their personal injury claims, including auto accidents. Contact our nearest office to schedule a consultation and learn more about how we can help. When Should You Get a Lawyer for a Car Accident? Numerous accident scenarios warrant having an accomplished personal injury attorney representing you. The following are some of the most common examples of accidents where our legal team can help. Someone in Your Vehicle Has Severe Injuries If you or a family member sustained severe injuries in the accident, hiring an attorney is crucial. Cases involving extensive medical bills or a permanent disability are typically harder to resolve. There’s a greater chance that insurance companies will fight your claim as they have more exposure and financial risk. Their goal is to avoid paying you as much as possible. You want an experienced attorney on your side who can keep insurance companies from unfairly reducing your claim’s value. If your accident was relatively minor and you saw a doctor only once or twice, you may not need to hire a car accident injury attorney. A Family Member Died in the Accident If someone you love died in a car accident caused by someone else’s negligence, certain family members might be eligible to file a wrongful death claim. Wrongful death claims are typically complex. You need an advocate on your side who understands precisely how wrongful death claims work and can help you get compensation for your family’s loss. Multiple Parties Involved Multiple defendants can also complicate the negotiations process. Your attorney can determine who all the potential defendants are and help you hold all responsible parties accountable. For example, suppose you are involved in an accident with a truck driver. In that situation, defendants could include the driver, the trucking company, and even a parts manufacturer if there are allegations that a defective part contributed to the accident. Other Driver’s Insurance Denies Liability In cases with disputed liability, you may need to file a lawsuit to get the other driver’s insurance to take you seriously. It’s not uncommon in disputed liability cases to see the other driver’s insurance company deny your claim outright. They hope that you will accept the denial and walk away from pursuing the claim any further. Without legal representation, insurance companies know you will have a hard time funding the fees and costs necessary to proceed with litigation. Retaining an attorney can help get the insurance company back to the negotiating table. If they still refuse to accept any responsibility at all, your attorney can start preparing your case for trial. The Statute of Limitations Is Expiring Another reason to file a lawsuit could be that the statute of limitations in your case is near expiration. The statute of limitations dictates how long you have before you are legally obligated to file a lawsuit in your case. If you are negotiating with the insurance company and the deadline passes, your claim could be barred. Even if the insurance company extended you a settlement offer, they are under no obligation to pay you anything if you haven’t reached an agreement by the time the statute of limitations expires. The Other Party Is a Government Entity Filing claims against government entities requires specialized knowledge. Particular deadlines can apply in the claims process beyond just the statute of limitations. If you miss a filing deadline or make a mistake, the government will quickly deny your claim. The Insurance Company Is Low Balling or Acting in Bad Faith Insurance companies rely on the fact that you don’t have legal experience or know how the car accident claims process works. Some insurance companies cross the line in unfair tactics and wind up acting in bad faith. They may wrongfully deny your claim or extend a low-ball offer for significantly less than your case is worth. When this happens, you need a car accident injury attorney who can evaluate your claim to determine whether the insurance company has acted in bad faith. If you are negotiating directly with the insurance company and are only a few hundred dollars apart, you may not need an attorney. You would lose more in fees by retaining a lawyer to settle. How Long Does It Take to Get Your Settlement After a Car Accident? The time it takes to settle a car accident claim varies. Some cases resolve quickly, such as within a few months, while others may take years to resolve. If a lawsuit is filed, it can take even longer. Once you reach a settlement with the insurance company, the amount of time it takes to receive your payment will vary. First, the insurance company will send your attorney a release of all claims to have you sign. Once the executed release is received, the insurance company will issue your settlement check. The settlement check will be mailed to your attorney, who is required to deposit it in a specific trust account. Then, your attorney will issue payment to you. If you did not have an attorney and negotiated directly with the insurance company, they will send the check directly to you after receiving the release. In many cases, the settlement check will be issued from an out-of-state bank, which could take longer to clear. Assume that it might take another seven to ten...

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| Read Time: 6 minutes | Personal Injury

What Is Considered a Catastrophic Brain Injury

Any accident that causes trauma to the brain is problematic. Even a minor concussion can result in lasting damage. Traumatic brain injuries can vary in severity, with catastrophic brain injuries being the most devastating. It’s essential to get an answer to the question, what is a catastrophic brain injury? You need to understand the different types of brain injuries and what kinds of treatment and life changes will occur. If someone you love suffered a brain injury in an accident due to someone else’s negligence, you may have legal grounds to bring a personal injury claim. It’s crucial to speak with an experienced catastrophic brain injury attorney who can help you navigate the complicated personal injury claims process. At Gerling Law, we have over 50 years of experience helping thousands of injured clients collect the compensation they deserve. What Is Considered a Brain Injury? There are two main types of brain injuries—traumatic and non-traumatic. A traumatic brain injury is when an external force alters your brain’s function. It develops after some sort of trauma, like an auto accident. Not all blows to your head will cause a traumatic brain injury. Traumatic brain injuries fall under the umbrella term of acquired brain injuries. This term refers to brain injuries that are not hereditary, genetic, degenerative, or caused by birth trauma. In addition to trauma, encephalitis, tumors, stroke, infectious diseases, and aneurysms are a few causes of acquired brain injury.    According to the Centers for Disease Control (CDC), traumatic brain injuries are a significant cause of disability and death in the United States. From 2006 to 2014, TBI-related emergency room visits, hospitalizations, and deaths increased by 53%. Don’t ignore a brain injury—see a doctor right away and consider contacting a lawyer early on. What Are Common Symptoms of Brain Injuries? Recognizing the symptoms of mild and severe brain injuries is important. Catastrophic brain injury protocol differs from what you need to do if you have minor brain damage.  Minor traumatic brain injury symptoms include: Headache; Fatigue or drowsiness; No loss of consciousness, but being confused, dazed, or disoriented; Difficulty sleeping; Nausea or vomiting; Loss of balance; Dizziness; Speech problems; Sensitivity to sound or light; Sensory issues, including blurry vision, changes to your ability to smell, ringing in the ears, or a bad taste; Depression or anxiety; Mood swings or mood changes; and Concentration or memory problems. Symptoms of moderate to severe traumatic brain injuries include: Loss of consciousness lasting several minutes to hours; Seizures or convulsions; Repeated headaches or one that continues to worsen; Dilation of one or both pupils; Loss of coordination; Inability to wake from sleep; Continued nausea or vomiting; Slurred speech; Combativeness or agitation; Severe confusion; or Coma or another disorder of consciousness. Severe brain injuries can leave victims with noticeable problems, including cognitive issues, emotional and behavioral changes, language issues, and sensory problems. Some victims are at a higher risk of developing Parkinson’s, Alzheimer’s, and other brain disorders later in life. What Causes Catastrophic Brain Damage? Numerous events and accidents can lead to catastrophic brain damage. Some of the most common causes of a major brain injury include the following. Falls Falling down from a ladder, off a bed, or down the stairs can easily result in catastrophic traumatic brain injury. The older you get, the more at risk you are for a devastating fall. Even tripping on an uneven sidewalk can result in falling and sustaining a head injury.  Vehicle Collisions Any type of vehicle-related collision—car, motorcycle, bicycle, pedestrian, or truck—can lead to a traumatic brain injury. You can develop a head injury from physically striking something or just the violent jolting motion. Sports Injuries Sports can be dangerous and leave participants with various injuries, including brain injuries. High-impact sports are the worst, including football, boxing, hockey, baseball, etc. Violence Violence can also lead to catastrophic brain injuries. Domestic violence, gunshot wounds, assaults, and child abuse are a few violent offenses that can leave someone with a brain injury. Shaken baby syndrome is also a concern in infants as any violent shaking can result in a brain injury. Combat Injuries Active duty military personnel are at a high risk for all types of injuries. Explosive blasts cause many traumatic brain injuries in military members. It’s not entirely understood, but experts believe the brain’s function is disrupted due to a pressure wave from the blast. Severe blows to the head from shrapnel or penetrating wounds can also result in brain injuries. What Are the Major Types of Head Injuries? It’s essential to understand the different types of head injuries that can lead to a traumatic brain injury. The following head injuries are the most common ones we see in personal injury matters. Concussion When your head makes an impact with something hard, it can result in a concussion. Concussions are common in auto accidents due to the sudden acceleration and deceleration of the vehicle or when your brain hits the inside of your skull. Concussions usually result in temporary injuries. However, some people sustain lasting injuries from concussions. In addition, someone like an athlete who has suffered multiple injuries could eventually have permanent damage. Hematoma A hematoma can occur in various parts of your body because it involves clotting or a collection of blood outside of your blood vessels. When you have a hematoma in your brain, it’s dire. You could lose consciousness or sustain permanent brain damage. Edema Edema is swelling and can happen anywhere in your body. When the swelling is in your brain, it’s even more dangerous. Your skull is not expandable and cannot accommodate the increased pressure from your brain hitting your skull. Hemorrhaging Hemorrhaging refers to bleeding that’s uncontrolled. Uncontrolled bleeding in your brain can be intracerebral, which is in your brain tissue, or subarachnoid, which is bleeding around your brain. You may have headaches and vomiting, and the increased blood can cause pressure to build up in your brain. Diffuse Axonal Injury A diffuse axonal injury is one that doesn’t involve bleeding,...

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| Read Time: < 1 minute | Dangerous Drugs

Sanofi Faces Financial Conduct Authority Claims

November 12, 2020 — U.S. District Judge Anita B. Brody “trimmed” claims accusing Sanofi’s predecessor, Aventis Pharmaceuticals, of false advertising and giving kickbacks to physicians who promoted Taxotere.  Claims stated that between 1996 and 2004, the drug manufacturer paid doctors to attend advisory boards focused on advertising Taxotere.  The doctors then prescribed Taxotere or off-brand versions of Taxotere to their patients after receiving kickbacks. Judge Brody ruled that the evidence likely indicates that Sanofi was aware its advisory boards did not align with its internal compliance policies.   The manufacturer was able to get rid of a false advertising claim.  It also avoided allegations of running a scheme in which sales representatives shadowed doctors and distributing kickbacks through meals and gift baskets. Reference: “Sanofi Must Face Cancer Drug FCA Claims At Trial.” Law360, www.law360.com/trials/articles/1328289/sanofi-must-face-cancer-drug-fca-claims-at-trial

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| Read Time: < 1 minute | Defective Consumer Devices

Number of Roundup Cases and Settlements

November 9, 2020 — U.S. District Judge Vince Chhabria in San Francisco is still in charge of almost 2,000 unresolved Roundup cases at this point in time.  According to Bayer, 1,861 out of the 3,787 of the plaintiffs have not settled.  Judge Chhabria paused the litigation and gave Bayer until November 2 to settle.  Because Judge Chhabria did not extend the stay, some cases could move toward trial.  Bayer has reportedly resolved around 88,500 out of approximately 125,000 filed and unfiled claims, saying that they are “fully committed” to settling litigation. Reference:  Stempel, Jonathan. “Bayer Makes ‘Substantial Progress’ in Roundup Cancer Lawsuits, Mediator Says.” Reuters, Thomson Reuters, 9 Nov. 2020, www.reuters.com/article/uk-bayer-roundup-idUKKBN27P2YJ

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| Read Time: < 1 minute | Dangerous Drugs

Taxotere Trial Schedule Update November 6, 2020

November 6, 2020 — “The Court amended certain pretrial deadlines for the third, fourth, and fifth bellwether trials.” Reference: “United States District Court.” MDL – 2740 Taxotere (Docetaxel) Products Liability Litigation | Eastern District of Louisiana | United States District Court, 28 Dec. 2020, www.laed.uscourts.gov/case-information/mdl-mass-class-action/taxotere.

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| Read Time: < 1 minute | Defective Consumer Devices

Bayer Reserves $2 Billion For Future Roundup Cancer Claims

November 3, 2020 — Bayer has stated that it expects to pay $2 billion to resolve future claims that Roundup causes cancer.  Its initial estimate for this amount was $1.25 billion. Reference:  “Roundup Lawsuit: Roundup Lawyer: Roundup Lawsuit Settlements.” TorHoerman Law, Publisher Name TorHoerman Law Publisher Logo, 4 Nov. 2020, www.torhoermanlaw.com/personal_injury_lawsuit/toxic_tort_lawsuit/roundup-lawsuit/.

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