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

The parties involved in the YAZ® Mass Tort litigation have been ordered file a Master Consolidated Complaint (“Master Complaint”).  The Master Complaint will supplement the Complaints that have been filed in the individual cases, as well as serve as a reference for incoming plaintiffs.  The Master Complaint will allege a variety of counts for Negligence, Fraud, and other causes of action.

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.

• Email This
• Print
• Comments
• Trackbacks

The parties involved in the Mass Tort litigation (surrounding the defective birth control products YAZ®, Yasmin® and Ocella®)  have been ordered to confer and reach an agreement on all issues regarding the preservation of documents and data. The goal of preservation is to maintain the integrity of all documents, data and tangible things pursuant to R. 4:10 through R. 4:19. The issues that surround the preservation, include, but are not limited to, identifying the types of material to be preserved, mechanisms for monitoring, certifying and auditing custodian compliance, the methods to preserve material such as voicemail and electronic mail, and the anticipated costs of preservation and ways to reduce or share these costs. The duty to preserve this material extends to employees, agents, contractors, or other nonparties who possess documents or data relevant to this litigation.
 

It is important to note that this duty to preserve documents also extends to the individual plaintiffs. All plaintiffs have a duty to preserve documents, data and tangible things, or evidence, which may be relevant to this litigation. Preservation of such documents includes taking reasonable steps to prevent the partial or full destruction, alteration, deletion, relocation, theft or wiping of the documents. This duty of preservation of documents and data, includes, but is not limited to all hard copy and electronic drafts of: records, writings, files, voicemail, correspondence, e-mail, electronic messages, blogs, postings, instant messages, text messages, twitter messages, bills, invoices, checks, statements, receipts, reports, notes, memoranda, transcripts, films, videos and diagrams.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.
 

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments
• Trackbacks

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.

 

• Email This
• Print
• Comments
• Trackbacks