Mass Torts - New Jersey Law Blog

Update on NuvaRing® Litigation

Amy Beth Dambeck — Fri, 12 Mar 2010 08:09:36 -0500

The NuvaRing® Mass Tort is presided over by Judge Brian R. Martinotti, in the New Jersey Superior Court - Bergen County. Previously, counsel for both plaintiffs and defendants had chosen ten initial bellwether cases for case specific discovery and trial. On, March 3, 2010, Judge Martinotti held a Case Management Conference. During that conference, Judge Martinotti determined that the discovery deadline on the initial bellwether cases would be March 15, 2011, culminating in proposed trial dates some time in May 2011.

As we have discussed in previous posts, studies have shown that the ingredients contained in the birth control product NuvaRing® have been linked to various forms of severe side-effects including: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage, myocardial infarction and pulmonary embolism.

At Stark & Stark we pursue claims throughout the nation against drug manufacturers, so they can be held accountable when the drugs they market are proven to be defective or cause catastrophic injury to the people who use them. Contact Stark & Stark to speak with one of the Mass Tort/ Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturers of NuvaRing®.

Courts in the United States Have Consolidated NuvaRing® Lawsuits on Both the State and Federal Levels

Craig S. Hilliard — Fri, 05 Mar 2010 12:52:11 -0500

As we have discussed in previous posts, pending lawsuits against the manufacturers of NuvaRing®, state that the birth control product has led to severe side-effects such as: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage, myocardial infarction and pulmonary embolism.

Courts in the United States have consolidated the NuvaRing® lawsuits on both the State (Mass Tort) and federal (MultiDistrict Litigation or “MDL”) levels. The Mass Tort is presided over by Judge Brian R. Martinotti, in the New Jersey Superior Court - Bergen County. The MDL is presided over by Judge Rodney W. Sippel, in the United States District Court - Eastern District of Missouri. Both judges often collaborate in an effort to assimilate the cases pending in each court. In fact, during the March 3, 2010, Mass Tort case management conference, Judge Martinotti adopted an order recently entered by Judge Sippel, which will permit counsel to coordinate discovery in all cases pending in both the Mass Tort and MDL.

If you, or someone you know, has been injured as a result of taking NuvaRing® contact Stark & Stark’s Mass Tort/Pharmaceutical Litigation Team to speak with one of the Mass Tort/ Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturers of NuvaRing®.

New Jersey State Supreme Court Grants Mass Tort Designation to YAZ®, Yasmin® and Ocella® Cases

Kevin M. Hart — Mon, 01 Mar 2010 08:27:34 -0500

As we have discussed in previous posts, studies have shown that the ingredients contained in the birth control products YAZ®, Yasmin® and Ocella® have been linked to various forms of severe side-effects. Reportedly, these side-effects include: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage (including gallbladder damage), myocardial infarction and pulmonary embolism.

On February 9, 2010, the New Jersey State Supreme Court granted Mass Tort designation to YAZ®, Yasmin® and Ocella® cases, pursuant to the application made under Rule 4:38A. Accordingly, all pending and future New Jersey state court actions arising out of the use of the oral contraceptives YAZ®, Yasmin® and Ocella® are designated as a mass tort for centralized case management purposes. Any and all such complaints that have been filed in the various counties and that are under or are awaiting case management and/or discovery shall be transferred from the county of venue to Superior Court, Law Division, Bergen County, and assigned to Judge Brian R. Martinotti, J.S.C.

If you, or someone you know, has been injured as a result of taking these medications, contact Stark & Stark’s Mass Tort/Pharmaceutical Litigation Team. At Stark & Stark we pursue claims throughout the nation against drug manufacturers, so they can be held accountable when the drugs they market are proven to be defective or cause catastrophic injury to the people who use them. Contact Stark & Stark to speak with one of the Mass Tort/ Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the YAZ®, Yasmin® or Ocella® manufacturers.

Claims against the makers of YAZ®, Yasmin® and Ocella® Will Be Consolidated Before Judge Moss in Philadelphia County, Pennsylvania

Martin P. Schrama — Tue, 12 Jan 2010 08:09:59 -0500

A large number of claims against the makers of defective birth control products, YAZ®, Yasmin® and Ocella®, for injuries ranging from internal organ damage to deep vein thrombosis have been designated as Mass Tort cases in state court, to be consolidated for case management and discovery purposes before Judge Moss in Philadelphia County, Pennsylvania. In the Mass Tort, counsel recently argued before Judge Moss regarding discovery issues.

Defendants seek information on Plaintiffs’ use of any forms of contraceptive devices or medications. Plaintiffs object to providing such information, as it would force minor Plaintiffs to reveal their sexual history, thus discouraging Plaintiffs from proceeding with litigation. Plaintiffs also argue information, such as the use of condoms, is not relevant to the injuries suffered allegedly from the use of YAZ®, Yasmin® and Ocella®. Those discovery issues remain to be decided.

If you, or someone you know, has suffered injuries as a result of taking YAZ®, Yasmin® or Ocella®) contact one of Stark & Stark’s Mass Tort Attorneys today for a free case review.

YAZ®, Yasmin® and Ocella® Cases Designated as Multidistrict Litigation in Federal Courts

Martin P. Schrama — Tue, 05 Jan 2010 08:05:39 -0500

Plaintiffs have brought claims against the makers of YAZ®, Yasmin® and Ocella®, for injuries ranging from internal organ damage (including gallbladder damage), to deep vein thrombosis (or blood clots), stroke, heart attack, myocardial infarction and pulmonary embolism.

A large number of such cases have been designated as Multidistrict Litigation (MDL) cases in the federal courts, to be consolidated for case management and discovery purposes before Judge Herndon the United States District Court for the Southern District of Illinois. In the MDL, on November 12, 2009, the Court appointed attorneys to act as Defendants’ Lead and Liason Counsel, as well as Plaintiffs’ Steering Committee. These select attorneys will be primarily responsible for conducting litigation activities for the consolidated cases.

Stark & Stark’s Mass Tort/Pharmaceutical Litigation Team pursues claims throughout the nation against drug manufacturers, so they can be held accountable when the drugs they market are proven to be defective. If you feel you, or someone you know, have experienced any side-effects from taking YAZ® or Yasmin® contact Stark & Stark to speak to one of the Mass Tort/ Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the YAZ®, Yasmin® or Ocella® manufacturers.

YAZ® Birth Control Linked to Serious Side Effects, Including Deep Vein Thrombosis

Amy Beth Dambeck — Wed, 02 Dec 2009 08:07:02 -0500

As we have discussed in previous posts, studies have shown that the ingredients contained in YAZ®, Yasmin® and Ocella® have been linked to various forms of severe side-effects. Reportedly, these side-effects include: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage (including gallbladder damage), myocardial infarction and pulmonary embolism. Recently, a large number of YAZ® lawsuits have been designated as Mass Tort or Multidistrict Litigation (MDL) cases.

Studies show that one of the more serious YAZ® side effects, Yasmin® and Ocella® use is Deep Vein Thrombosis, which is commonly known as DVT. DVT is a condition characterized by the presence of a blood clot in a vein, usually in the legs or pelvis. DVT does not always show symptoms, but may cause swelling and pain in the affected extremities. If the blood clot dislodges and travels to the lungs, it may cause a Pulmonary Embolism - this potentially fatal condition is commonly known as a PE. Studies also show that DVT and PE sufferers have a heightened risk of long-term complications and multiple DVT and PE episodes, which can, in turn, lead to the need for continuing treatment. Further, DVT and PE sufferers have a much higher incidence of arterial thrombosis, heart attack and stroke.

Stark & Stark’s Mass Tort/Pharmaceutical Litigation Team pursues claims throughout the nation against drug manufacturers, so they can be held accountable when the drugs they market are proven to be defective or cause catastrophic injury to the people who use them. If you feel you have experienced any side-effects from taking YAZ® or Yasmin® (or the generic brand, Ocella®), you can contact Stark & Stark and speak to one of the Mass Tort/ Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the YAZ®, Yasmin® or Ocella® manufacturers.

New Jersey State Courts Consider Granting Mass Tort Designation to YAZ®, Yasmin® and Ocella® Cases

Craig S. Hilliard — Wed, 25 Nov 2009 08:04:14 -0500

As we have discussed in previous posts, studies have shown that the ingredients contained in YAZ®, Yasmin® and Ocella® have been linked to various forms of severe Yaz side-effects. Reportedly, these side-effects include: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage (including gallbladder damage), myocardial infarction and pulmonary embolism. Recently, a large number of YAZ®, Yasmin® and Ocella® cases have been designated as Mass Tort or Multidistrict Litigation (MDL) cases.

The New Jersey State Courts are currently contemplating granting Mass Tort designation to YAZ®, Yasmin® and Ocella® cases currently pending in New Jersey. The makers of YAZ®, Bayer Healthcare Pharmaceuticals, are headquartered in Wayne, New Jersey. The makers of Ocella®, Barr Pharmaceuticals, are headquartered in Montvale, New Jersey. Similar cases have received MDL treatment in the United States District Court for the Southern District of Illinois, and Mass Tort treatment in Philadelphia County, Pennsylvania. The New Jersey Mass Tort would eventually be venued in Atlantic, Bergen or Middlesex counties.

YAZ®, Yasmin® and Ocella® Cases Transfered to MDL in the United States Distric Court

Kevin M. Hart — Thu, 19 Nov 2009 08:01:46 -0500

Since the beginning of October 2009, over 350 YAZ®, Yasmin® and Ocella® cases from various jurisdictions throughout the country have been transferred to the MDL in the United States District Court for the Southern District of Illinois. On November 9, 2009, motions were filed to appoint Plaintiffs’ lead counsel and a Plaintiffs’ Steering Committee. The Court will hold a conference in the coming weeks to address the newly transferred cases and pending motions.

Stark & Stark’s Mass Tort/Pharmaceutical Litigation Team pursues claims throughout the nation against drug manufacturers, so they can be held accountable when the drugs they market are proven to be defective or cause catastrophic injury to the people who use them. If you feel you have experienced any side-effects from taking YAZ® or Yasmin® (or the generic brand, Ocella®), you can contact Stark & Stark and speak to one of the Mass Tort/ Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the YAZ®, Yasmin® or Ocella® manufacturers.

What is the status of currently pending litigation against YAZ® manufacturers?

Martin P. Schrama — Wed, 28 Oct 2009 11:23:39 -0500

Studies have shown that the ingredients contained in YAZ®, Yasmin® and Ocella® (including the synthetic progestin, drospirenone), have been linked to various forms of internal organ damage (including gallbladder damage), as well as deep vein thrombosis, or blood clots. These blood clots can form in the deep veins of the legs, pelvis, or arms causing extreme pain. It has been found that if the clot dislodges it can lead to sudden, and many times fatal, stroke, heart attack, myocardial infarction or pulmonary embolism.

Within the past month, a large number of cases against Bayer HealthCare Pharmaceuticals, the manufacturers of YAZ® and Yasmin®, have been designated as Mass Tort or Multidistrict Litigation (MDL) cases. Mass Tort cases (in State courts) and MDL’s (in federal courts) are methods of organizing and managing cases involving the same or similar injuries and common defendants, in an expedient, cost-effective manner that better enables the plaintiffs to pursue their claims. The Mass Tort cases will be consolidated for case management and discovery purposes before Judge Moss in Philadelphia County, Pennsylvania. The MDL cases will be consolidated for case management and discovery purposes before the Judge Herndon the United States District Court for the Southern District of Illinois.

Stark & Stark’s Mass Tort/Pharmaceutical Litigation Team pursues claims throughout the nation against drug manufacturers, so they can be held accountable when the drugs they market are proven to be defective or cause catastrophic injury to the people who use them. If you feel you have experienced any side-effects from taking YAZ® or Yasmin® (or the generic brand, Ocella®, which is marketed and distributed by Barr Laboratories), you can contact Stark & Stark and speak to one of the Mass Tort/ Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the YAZ®, Yasmin® or Ocella® manufacturers.

Defendants in NuvaRing® Litigation Files Motion To Dismiss Plaintiff's Claims

Martin P. Schrama — Fri, 16 Oct 2009 13:11:44 -0500

As we have discussed in previous posts, NuvaRing®, the combined contraceptive vaginal ring that is supposed to provide month-long birth control, is currently involved in a Multi-District Litigation (“MDL”) in the United States District Court for the Eastern District of Missouri.

Recently, defendants filed numerous motions to dismiss certain plaintiff’s claims for failure to provide a timely or complete “Plaintiff Fact Sheet” (also known as a “PFS”). In pharmaceutical cases with Mass Tort or Multi-District Litigation designations, plaintiffs are required to submit a detailed PFS. The PFS requires the plaintiff to supply medical, liability and general background information within a specified time period, usually subject to periodic updating and revision. The PFS is instrumental in permitting both parties, as well as the Court, to choose bellwether cases for case specific discovery and trial. While defendants’ counsel invariably submit that a broad PFS is especially crucial to determine the defenses to a particular plaintiff’s claims, plaintiffs’ counsel must make certain that the PFS is sufficiently circumscribed so as not to be particularly burdensome to the plaintiffs. Accordingly, there is a constant tension between the parties as to the timing and content of the PFS’s, usually culminating in similar protracted motion practice throughout the litigation.

Defendants in NuvaRing® Litigation Files Motion For Entry of Lone Pine Case Management Order

Kevin M. Hart — Wed, 16 Sep 2009 08:01:33 -0500

In recent months, the defendants filed a motion for the entry of a Lone Pine case management order. Such an order would have required all existing and future plaintiffs in the NuvaRing® MDL to submit a Rule 26(a)(2), or case specific, expert report attesting to a reasonable degree of medical certainty that NuvaRing® caused the injury suffered by each plaintiff. The defendants claimed that the entry of a Lone Pine case management order would promote judicial efficiency by discouraging claims that did not have merit and allowing the Court to group cases with legal similarities. However, the plaintiffs argued that the entry of a Lone Pine case management order would actually have amounted to an onerous burden that would have the effect of discouraging many plaintiffs from filing otherwise viable claims against the defendants. Accordingly, the Court ruled in favor of the plaintiffs and denied the defendants' motion for entry of a Lone Pine case management order, without prejudice.

Court Denies Motion By Defendants to Dismiss NuvaRing® Complaints

Amy Beth Dambeck — Fri, 21 Aug 2009 14:16:46 -0500

NuvaRing®, the combined contraceptive vaginal ring that is supposed to provide month-long birth control, is currently involved in a Multi-District Litigation (“MDL”) in the United States District Court for the Eastern District of Missouri. Plaintiffs have advanced claims that NuvaRing® is responsible for injuries in some individuals.

The Court recently denied a motion by Defendants to dismiss the Master Consolidated Complaint in the MDL. On August 17, 2009, Defendants filed a motion for certification of an interlocutory appeal. Defendants seek the Court’s permission to challenge the denial of Defendants’ motion to dismiss. In plain English, this means that Defendants are attempting to appeal in the middle of the ongoing case. Defendants base their proposed appeal on the contention that the Court misapplied controlling precedent in Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009) and the standards found in the Federal Rules of Civil Procedure. Iqbal is a recent case that made it easier for courts to dismiss a Plaintiff’s complaint. If the Court allows an interlocutory appeal, it will probably significantly delay the proceedings.

Court Dismisses Class Action Claims in NuvaRing® Litigation

Craig S. Hilliard — Thu, 13 Aug 2009 08:08:35 -0500

In a recent blog post, it was reported that NuvaRing® plaintiffs had filed a master consolidated complaint in order to supplement the complaints in the individual NuvaRing® litigation cases. On May 19, 2009, the Court dismissed the class action claims in the Master Consolidated Complaint. The Court noted that such claims are usually not appropriate for personal injury lawsuits based on pharmaceuticals. However, the Court dismissed the claims without prejudice, which would allow Plaintiffs to reassert their rights to a class action, if such an assertion is appropriate at some time in the future. This dismissal did not affect the substantive claims of Negligence, Fraud, and other causes of action.

NuvaRing® Plaintiffs File Master Consolidated Complaint

Kevin M. Hart — Fri, 07 Aug 2009 08:07:29 -0500

NuvaRing®, the once-a-month combined contraceptive vaginal ring which is supposed to provide month-long birth control, is currently involved in a Multi-District Litigation (“MDL”) in the United States District Court for the Eastern District of Missouri based on claims that NuvaRing® is responsible for injuries in some individuals.

On February 6, 2009, Plaintiffs filed a Master Consolidated Complaint (“Master Complaint”), which will serve to supplement the complaints in the individual cases. The cases were originally filed in different state courts and transferred to the MDL. The Master Complaint will make entry of cases into the MDL from around the country more efficient by allowing the incoming plaintiffs to simply refer to the Master Complaint. This Master Complaint makes the necessary jurisdictional claims, as well as alleging a variety of counts for Negligence, Fraud, and other causes of action.

Case Management Conferences Held in NuvaRing® Litigation

Martin P. Schrama — Thu, 30 Jul 2009 08:03:11 -0500

In a recent blog post, Kevin Hart discussed the recent status of NuvaRing® litigation in Missouri. The cases in the Eastern District of Missouri are at the beginning of the discovery period. A case management conference was held on July 21, 2009, where certain initial motions and conferences were discussed. A case management conference was also held in Bergen County, New Jersey on June 5, 2009. The cases, which are being managed together as a mass tort, are currently in the initial stages of discovery. Plaintiff Fact Sheets are due August 1, 2009, and discovery should last at least through the end of 2009.

Should you feel that you have suffered injury due to NuvaRing® use, the Stark & Stark Mass Tort/Pharmaceutical Litigation Team will be happy to review the circumstances of your NuvaRing® injury at no cost or obligation to you. Please fill out the form below for a free evaluation, or further information, from one of our experienced Mass Tort attorneys.

Update on NuvaRing® Litigation Status

Kevin M. Hart — Thu, 23 Jul 2009 08:00:15 -0500

NuvaRing® is marketed as a once-a-month, combined contraceptive vaginal ring that provides month-long birth control. It is sold in the United States by Organon USA Inc., a New Jersey corporation with its principal place of business in Roseland, New Jersey, and Organon International, Inc., headquartered in the Netherlands. Its parent company, Schering-Plough Corp., is located in Kenilworth, New Jersey. Complaints have alleged that hormone levels in NuvaRing® have resulted in death, the breakdown of tissue and organs, amputation, heart attacks, ischemic strokes, and deep vein thrombosis.

Courts in the United States have consolidated NuvaRing® claims in two locations: 1) New Jersey Superior Court, Law Division, Civil Part, Bergen County Vicinage; and 2) the United States District Court for the Eastern District of Missouri. As of July 1, 2009, there have been 79 cases filed in new Jersey Superior Court and more than one hundred in the Eastern District of Missouri.

FDA Issues Hydroxycut® Warning, Makers Issue Voluntary Recall

Kevin M. Hart — Mon, 15 Jun 2009 08:08:57 -0500

Hydroxycut®, the group of dietary supplements which claim to be fitness and weight loss aids, have recently been linked to severe, and sometimes life threatening injuries. Recent reports state that these injuries include damage to the liver, kidneys and other internal organs, rhabdomyolysis (severe muscle damage), cardiovascular disorders and even death. On May 1, 2009, the United States Food and Drug Administration (FDA) issued a warning urging consumers to discontinue the use of the supplements due to the severe health dangers associated with Hydroxycut®. Following the warning from the FDA, the makers of Hydroxycut® issued a voluntary recall of the supplements.

These supplements include Hydroxycut® Regular Rapid Release Caplets, Hydroxycut® Caffeine-Free Rapid Release Caplets, Hydroxycut® Hardcore Liquid Capsules, Hydroxycut® Max Liquid Capsules, Hydroxycut® Regular Drink Packets, Hydroxycut® Caffeine-Free Drink Packets, Hydroxycut® Hardcore Drink Packets (Ignition Stix), Hydroxycut® Max Drink Packets, Hydroxycut® Liquid Shots, Hydroxycut® Hardcore RTDs (Ready-to-Drink), Hydroxycut® Max Aqua Shed, Hydroxycut® 24, Hydroxycut® Carb Control and Hydroxycut® Natural. Hydroxycut® supplements are manufactured and distributed by Iovate Health Sciences and MuscleTech Research and Development, Inc.

What is the status of currently pending litigation against bisphosphonate manufacturers?

Martin P. Schrama — Mon, 11 May 2009 08:09:59 -0500

Currently, a large number of cases against bisphosphonate manufacturers have been designated as Mass Tort or Multidistrict Litigation (MDL) cases. Mass Tort cases (in State courts) and MDL’s (in federal courts) are methods of organizing and managing cases involving the same or similar injuries and common defendants. These methods of case management offer an expedient, cost-effective manner for the plaintiffs to pursue their claims.

Stark & Stark’s Mass Tort/Pharmaceutical Litigation Team pursues claims against drug manufacturers so they can be held accountable when the drugs they market are proven to be defective or cause catastrophic injury to the people who use them. If you feel you have experienced any of the above side-effects from taking bisphosphonates, you can contact Stark & Stark and speak to one of the Mass Tort/ Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against bisphosphonate manufacturers.

What are the possible side-effects of bisphosphonate treatment?

Martin P. Schrama — Mon, 04 May 2009 09:42:45 -0500

Studies show that the most commonly reported side-effects of bisphosphonate treatment are: 1) Osteonecrosis of the Jaw; and 2) low-trauma bone fractures.

What is Osteonecrosis of the Jaw?
Studies show that Osteonecrosis of the Jaw (ONJ) or Bisphosphonate Osteonecrosis of the Jaw (BONJ) is a disease where the jawbone does not heal from injury. This disease has also been known as Dead Jaw, Fossy Jaw or Phossy Jaw. Usually, the disease is prefaced by a simple dental procedure or other trauma to the jawbone. Thereafter, the jaw quickly becomes infected and all or a portion of the jawbone can actually die and/or fracture and be painfully thrust through the skin and gums.

What are low-trauma bone fractures?
Studies show that low-trauma bone fractures generally occur as a result of a fall from standing height or less, where the bone breaks in an unusual, horizontal pattern. Such fractures have been found to generally occur in the femur (thigh) bone. However, bone necrosis and bone brittleness have also been reported to have been found, though much more rarely, in other parts of the body.

What are bisphosphonates?

Martin P. Schrama — Mon, 27 Apr 2009 08:33:34 -0500

Bisphosphonates are a class of drugs that drug companies claim promote bone regeneration. Bisphosphonates are commonly sold under various brand names including Fosamax®, Actonel®, Aredia® and Zometa®.

These drugs are manufactured by pharmaceutical companies such as Merck, Novartis, Proctor & Gamble and Sanofi-Aventis. Bisphosphonates are used to treat, among other things, osteoporosis, bone metastasis during cancer treatment, osteoarthritis and other conditions that feature bone fragility. Studies show that bisphosphonate treatment can cause severe side-effects including Osteonecrosis of the Jaw and low-trauma bone fractures.