New Jersey Lawyer & Attorney : Stark & Stark Law Firm : New Jersey Law Blog

As we have previously reported, Nuvaring, manufactured by Organon USA, was initially marketed in the United States in July 2002, after receiving FDA approval in late 2001. However, studies have shown that the ingredients contained in the birth control product NuvaRing may be linked to various forms of 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. 

 

In August 2008, the Judicial Panel on Multi-District Litigation granted a petition filed by Plaintiffs to consolidate all federal cases in the Eastern District of Missouri before Judge Rodney W. Sippel. Subsequently, the Supreme Court of New Jersey ordered that all pending and future New Jersey state court actions arising out of the use of the contraceptive NuvaRing were to be designated as a mass tort for centralized case management purposes. Judge Martinotti in Bergen County, New Jersey was assigned to coordinate the pretrial discovery. 

 

Typically, granting MDL and mass tort treatment streamlines the pretrial discovery process, allowing the parties to avoid duplicative discovery and inconsistent rulings from different judges. Over the course of the last several months, the parties have worked together to select and prepare the initial cases to be tried in both the federal and state courts, which are expected to begin in early to mid 2012. 

 

If you, or someone you know, has experienced adverse effects as a result of using Nuvaring, 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 manufacturer of Nuvaring.

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On June 1, 2011, Judge Martinotti hosted a joint MDL/State Case Management Conference in Bergen County, New Jersey, along with the Honorable David A. Katz, U.S.D.J., who is presiding over the federal cases in the MDL in Ohio.  As previously discussed, centralizing the state and federal cases will streamline the lawsuits, allowing the parties to avoid duplicative discovery and inconsistent rulings from different judges. 
 

At the conference, the parties were able to agree on various discovery issues, including the form and content of the Plaintiff and Defendant fact sheets as well as the short form Complaint and Answer.The next Case Management Conference has been scheduled for late July 2011.

 

If you have had a hip replacement, which used one of the recalled DePuy devices, you can contact Stark & Stark and speak to one of the Mass Tort attorneys, free of charge, who can help assess any claims that you might have against the DePuy manufacturers.

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As we previously discussed, on December 9, 2010, a Notice to the Bar was issued by Judge Glenn A. Grant, Acting Administrator of the Courts, advising that an application had been made, pursuant to Directive #7-09, “Revised Mass Tort Guidelines,” requesting designation of all New Jersey state-court litigation involving DePuy ASR™ hip implants as a mass tort and assignment for centralized management in Middlesex County. The federal cases have already been consolidated in the Northern District Court of Ohio. 
 

On April 12, 2011, The Supreme Court of New Jersey Court ordered that all New Jersey cases shall be assigned for centralized case management purposes to Judge Brian R. Martinotti in Bergen County, New Jersey.  As such, any cases filed in New Jersey state court will be transferred to Judge Martinotti to manage discovery. 
 

The initial Case Management Conference with Judge Martinotti is scheduled for May 10, 2011, at which time, counsel is expected to discuss, among other things, the implementation of a discovery plan as well as efforts to coordinate with Judge David A. Katz, who is overseeing the cases in the federal MDL.

 

If you have had a hip replacement, which used one of the recalled DePuy devices, you can contact Stark & Stark and speak to one of the Mass Tort attorneys, free of charge, who can help assess any claims that you might have against the DePuy manufacturers.

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As we have previously reported, in November, 2010, the FDA finally announced that it was pulling off the U.S. market the prescription painkillers, Darvon and Darvocet, which combines Darvon with the aspirin substitute acetaminophen, because of scientific evidence the drugs can damage the heart, even at recommended doses, or cause fatal cardiac abnormalities.  Studies have shown that the ingredients contained in Darvocet and Darvon have been linked to various forms of severe side-effects.  Reportedly, these side-effects include: heart arrhythmia, heart attack, suicide, overdose and even death.

 

As we have also previously reported, the United States Judicial Panel on Multi-District Litigation (MDL) met on Wednesday, March 30, 2011, in San Diego, CA, to hear arguments regarding whether the Darvocet and Darvon cases should be given MDL treatment. Granting MDL treatment will consolidate all federal lawsuits filed across the U.S. into one centralized district.  This consolidation will streamline the pretrial discovery process, allowing the parties to avoid duplicative discovery and inconsistent rulings from different judges.  The seven-judge panel, headed by the Honorable John G. Heyburn II of the Western District of Kentucky, has yet to issue a ruling.  However, a decision is expected shortly. 

 

If you feel you have experienced any side-effects from taking Darvocet, Darvon or generic propoxyphene 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 Darvocet or Darvon manufacturers.

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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.

 

In addition to state mass tort actions, similar matters are proceeding in the parallel federal multi-district litigation, which is currently before The Hon. Rodney W. Sippel, U.S.D.J. in the Eastern District of Missouri. A discovery schedule for the Phase 1 bellwether cases was issued, requiring completion of fact discovery by June 24, 2011, depositions of plaintiffs’ experts by October 24, 2011, and depositions of defendants’ experts by February 20, 2012. 

 

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®.

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On December 9, 2010, a Notice to the Bar was issued by Judge Glenn A. Grant, Acting Administrator of the Courts, advising that an application had been made, pursuant to Directive #7-09, “Revised Mass Tort Guidelines,” requesting designation of all New Jersey state-court litigation involving DePuy ASR™ hip implants as a mass tort and assignment for centralized management in Middlesex County. 

 

The granting of mass tort designation in state court is similar to the granting of MDL treatment in the federal court.  Consolidating all of the DePuy hip recall cases that have been filed in New Jersey state court will streamline the lawsuits, allowing the parties to avoid duplicative discovery and inconsistent rulings from different judges.  Additionally, the mass tort designation will provide more convenience for the witnesses, the parties and the court.  During the pretrial litigation, one judge will manage all discovery and likely select a group of cases for early trials, also known as bellwether cases.  The outcome of the bellwether cases may assist the parties in reaching an agreement to settle all of the DePuy recall suits.

 

All comments and/or objections to the application for mass tort designation were due to the court by January 21, 2011. 

 

If you have had a hip replacement, which used one of the recalled DePuy devices, you can contact Stark & Stark and speak to one of the Mass Tort attorneys, free of charge, who can help assess any claims that you might have against the DePuy manufacturers.

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As we have previously reported, DePuy Orthopedic, Inc., a subdivision of Johnson & Johnson, Inc., finally issued a recall in August 2010 for the ASR XL Acetabular System and the ASR Hip Resurfacing System after data suggested that about one out of every eight may fail within only five years. Specifically, the recall targeted individuals who received the implants after July 2003. It has been suggested that a design flaw increases risk complications, such as:

 

• Unexplained Hip Pain
• Thigh Pain or Groin Pain
• Pain with Walking
• Pain Rising from a Seated Position
• Pain with Weight Bearing
• Swelling around the Hip
• Memory Loss
• Hand Tremors
• Tinnitus
• Hearing Loss
• Diminished Coordination

Since the recall in August 2010, a number of lawsuits have been filed in both the federal and state court levels.  The number of lawsuits filed is expected to increase dramatically as more people learn of the recall.

On December 3, 2010, the United States Panel on Multi-District Litigation issued an Order, pursuant to 28 U.S.C. § 1407, consolidating all federal DePuy hip replacement recall lawsuits and centralizing them in an MDL (Multidistrict Litigation) in the U.S. District Court for the Northern District of Ohio.  The Panel concluded that, “the actions share factual issues as to whether DePuy’s ASR XL Acetabular Hip System, a device used in hip replacement surgery, was defectively designed and/or manufactured, and whether DePuy failed to provide adequate warnings concerning the device, which DePuy recalled along with another ASR device, the ASR Hip Resurfacing System, in August 2010.”  The Panel opined that the centralization in the Northern District of Ohio will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.  Furthermore, the centralization will eliminate duplicative discovery, prevent inconsistent pretrial rulings on discovery and other issues, and conserve the resources of the parties, their counsel and the judiciary. Judge David A. Katz, an experienced transferee judge, will coordinate discovery and pretrial proceedings.

Essentially, the Panel’s ruling means that all lawsuits over recalled DePuy ASR hip replacement systems that are filed in any federal district court throughout the United States will be transferred to U.S. District Judge David A. Katz in Ohio.  However, cases filed in state court will continue in their respective states.

If you have had a hip implant within the past 7 years but are uncertain what type of implant device was used, you should contact your doctor immediately for additional information. 

If you have had a hip replacement, which used one of the recalled DePuy devices, you can contact Stark & Stark and speak to one of the Mass Tort attorneys, free of charge, who can help assess any claims that you might have against the DePuy manufacturers.

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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.

After receiving Mass Tort designation on February 9, 2010, in the New Jersey Superior Court, Bergen County, Judge Martinotti issued an Initial Order for Case Management on February 18, 2010. The Case Management Order (CMO) is the basis for how pending and future cases are managed leading up to trial. A few of the issues outlined in the CMO are:

1. the method for handling discovery requests;
2. preservation of records;
3. cases to be filed in the future;
4. methods for filing pleading documents; and
5. methods for filing motions.

An initial Case Management Conference (CMC) has been scheduled for April 26, 2010. At that time counsel for all of the parties will appear before Judge Martinotti to discuss suggested procedures that will facilitate a just, expeditious and inexpensive resolution to the litigation. Counsel for the parties will meet and confer before the CMC to seek consensus with regard to the items that are to be discussed during the conference.

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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.

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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.

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