lawsuits Archive
Boy with Breasts? J&J Settles Risperdal Gynecomastia Lawsuit on 1st Day of Trial
September 10th, 2012. By AbiK
Usually gynecomastia is a subject for plastic surgeons—not little boys on an antipsychotic drug like Risperdal.
However, a Risperdal lawsuit brought against Johnson & Johnson by Aron Banks was about just that—Banks alleged that by taking Risperdal, starting when he was just nine years old, he developed breast tissue (“gynecomastia” is the medical term) which led to sustained psychological trauma.
Banks, who is now 21, claimed he took Risperdal over a four-year period (2000-2004). The drug at the time had not been approved for children.
According to a Bloomberg report (9/10/12), Johnson & Johnson has settled Banks’ lawsuit on the opening day of trial in Philadelphia; another Risperdal lawsuit alleging gynecomastia is due to head to court in Philly on September 20.
Another drug that’s been linked to reports of gynecomastia is Propecia; currently, there are lawsuits underway alleging Propecia-induced sexual dysfunction.
Risperdal has also been linked to an increase in stroke risk for older patients who suffer dementia and take antipsychotics.
The terms of Banks’ Risperdal gynecomastia settlement have not been disclosed.
Ben & Jerry’s Lawsuit: Ice Cream & Porn Don’t Mix
September 7th, 2012. By AbiK
Pickles & ice cream? Maybe if you’re pregnant. Pickles & porn? Let’s hope not. Ben & Jerry’s & porn? Hell no says a recent trademark lawsuit filed by Ben & Jerry’s against porn film companies Rodax Distributors and Caballero Video of California.
Seems while Ben & Jerry’s has in the past churned up flavors such as Schweddy Balls and Karamel Sutra, it’s one thing to create a scoop or two of innuendo and brand it. It’s completely another to create porn that piggybacks on the same—or very similar—names.
What names you ask? Well, for starters, the porno flicks are distributed as “Ben & Cherry’s”. Each episode has a Ben & Jerryesque kind of name—here’s a few: Boston Cream Thigh, New York Fat & Chunky, Peanut Butter D-Cup.
But what catches your, uh, eye isn’t just the names—take a look at one of the Ben & Cherry’s DVD cases above. Looks familiar, no? That’s a pic of Ben & Jerry’s ice cream over on the right.
Is it any wonder Ben & Jerry’s sued for trademark infringement?
For now, a federal judge in Manhattan has ordered a block on Rodax Distributors and Caballero Video from producing and marketing its Ben & Cherry’s videos. According to an LA Times report today, the judge’s ruling requires the porn distributor to ” stop offering the 10 titles in its Ben & Cherry’s series in the interim and remove all online mention of the X-rated products”.
The company has to change its packaging, too. Surprise, surprise.
Asbestos News Roundup: 9.6.12 – Community Asbestos, Asbestos Respirators
September 6th, 2012. By LucyC
A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.
Asbestos Exposure in the Community
You don’t have to work with asbestos containing products to suffer its effects. It is also possible to suffer asbestos exposure by living in a community or area located near an asbestos mine or a company that manufactures asbestos or products containing asbestos. Many older buildings may also contain asbestos insulation, including schools.
Perhaps the most famous victims of community contamination in North America are the residents of Libby, Montana, an asbestos-mining town. Vermiculite, which naturally contains asbestos, was mined there between 1923 and 1991. Workers and families of workers who lived in the town sued W.R. Grace, the last company to own the mine. At one point the company reportedly faced 110,000 lawsuits for sickening hundreds of people and contributing to the deaths of 225—allegedly with full knowledge.
Other examples of community exposure include the World Trade Center site after the terrorist attacks of September 11, 2001, and areas prone to damage from natural disasters like Hurricane Katrina. But it doesn’t take a disaster for asbestos exposure to occur locally in your community—our Asbestos Hot Spot Map shows locations across the US in which asbestos has been an issue and, in many instances, asbestos abatement has been needed.
Most recently, hundreds of former residents of an asbestos-mining town in British Columbia Canada are deeply concerned about their asbestos exposure. According to the CBC, an estimated 50,000 people were employed over the lifetime of the Cassiar mine, which closed in 1992. They lived with their families in the now-abandoned town, about 220 kilometers south of the B.C.-Yukon border. The employees who worked in the mine were not issued with face masks, despite asking for them.
Asbestos Lawsuits
Olympia, WA: A lawsuit brought against respirator makers by a now-deceased shipyard worker, Leo Macias, will go forward, says the Washington Supreme Court.
Macias, who worked at Todd Shipyards, developed cancer as a result of cleaning respirators worn by other workers when they dealt with asbestos and other dangerous materials. In the lawsuit, Marcias claims the manufacturers never issued warnings that cleaning the respirators could be dangerous.
The state Court of Appeals threw out his lawsuit reasoning that it was the asbestos not the respirators that caused Marcias’ cancer, and consequently he couldn’t sue the respirator makers, Saberhagen Holdings, Inc. The Supreme Court reversed that in a 5-4 decision. Chief Justice Barbara Madsen wrote that when used as intended, the respirators posed a danger to anyone who cleaned them, and thus, Macias should have been warned. (Seattletimes.com)
Pasadena, CA: Residents of Harris County are suing Betesda Iglesia Hispana International and Ruben Perez, of Pasadena over allegations they were misled into buying asbestos-contaminated property in Pasadena.
Raul Rodriguez and Jose Juan Gonzalez filed the lawsuit, Harris County District Court Case No. 2012-44020, citing fraud, conspiracy to commit fraud and breach of contract.
In their lawsuit, the plaintiffs claim that on March 23, 2011 the defendants tricked them into buying asbestos-contaminated property, located at 600 Walter St. in Pasadena. In addition to hiding the asbestos, the defendants also failed to disclose that they were leasing the property and collecting rent, even after the sale was final, according to the lawsuit. The plaintiffs are seeking attorney’s fees, court costs and damages. (Ultimateclearlake.com)
Top 10 Lawyer Interviews for the First Half of 2012
August 27th, 2012. By AbiK
The journalists at LawyersandSettlements.com conduct hundreds of lawyer interviews each year on the latest legal issues—lawsuits, mass torts, class actions, settlements—that our readers are most interested in. The attorneys our journalists interview provide a birds-eye view into the cases we report on. Here are the top 10 attorney interviews that readers clicked during the first half of this year (in reverse order):
10. Attorney Stacy Hauer, co-lead counsel in the Minnesota State Court American Medical Systems litigation, discusses the transvaginal mesh lawsuits being consolidated into an MDL (multi-district litigation).
9. Attorney Tim McCarthy shares insight on the Starbucks class action lawsuit regarding the company’s switch from Tassimo to Keurig single-serve coffee. The lawsuit alleges consumer fraud.
8. Attorney Dr. Shezad Malik discusses the outcome of the FDA advisory panel meeting held at the end of 2011 regarding the safety and efficacy of oral contraceptives, including drospirenone-based birth control drugs Yasmin and Yaz.
7. Attorney Brenda Fulmer, who specializes in medical device litigation, talks about allegations surrounding CardioGen 82 over-radiation.
6. Attorney Eric B. Brown shares some information on making a Social Security Disability Insurance (SSDI) claim and what needs to be included to prove a 100 percent inability to work.
5. Attorney Shaun Setareh—a California labor law attorney—answers five commonly asked questions on filing a wage and hour lawsuit.
4. Attorney Dr. Shezad Malik, who is both an attorney and a cardiologist, discusses Yasmin and Yaz settlements and how Bayer had indicated it would handle settling Yaz claims.
3. Attorney Barry Kramer informs readers about excessive emergency room charges and how it is typically uninsured patients who are victims of hospital overcharging—and compounding the issue, emergency room costs are increasing.
2. Attorney Dr. Shezad Malik on the Yaz litigation concerning oral contraceptives that contain drospirenone and their alleged side effects which range from gallbladder problems to DVTS to stroke—and even death.
1. Attorney Stacy Hauer discusses the legal claim “loss of consortium” and how it plays into the allegations regarding the transvaginal mesh litigation. She explains that, “The woman and their partners who have been injured have significant loss of intimacy in their relationships due to their injuries.”
Concerned about DES Exposure? Take this DES Self-Assessment
August 20th, 2012. By AbiK
Pregnancy drug DES has been back in the media spotlight lately as more and more women become aware of possible DES exposure they may have experienced in utero. DES—or diethylstilbestrol—was prescribed to pregnant women during between the 1940s and the early 1970s to help prevent miscarriage.
DES was ultimately removed from the market when studies revealed the drug’s link to certain cancers, among other potential side effects. DES risks include vaginal and cervical cancers for women whose mothers had taken diethylstilbestrol during pregnancy. Additionally, harmful DES side effects may include breast cancer, early menopause and infertility in women who had actually taken the drug.
The Centers for Disease Control and Prevention (CDC) has a DES Consumer Guide that provides information about DES. The web page includes a DES Self-Assessment Guide that helps indicate whether an individual has had the potential to have been exposed to DES and the possible DES health risks if, indeed, DES exposure did occur. Please note: the DES Self-Assessment Guide cannot specifically determine whether a person was actually exposed to DES, but it does provide a guide for further discussion with a healthcare professional.
If you’re a DES daughter or think you may have been exposed to DES in utero and have experienced harmful side effects, you may also want to consider your legal options. DES victims can fill out a complaint form for a DES attorney to review here.
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