Attorney Advertising - Personal Injury TV ads

Levin Papantonio Mass Tort Update
August 29, 2008
Vioxx Settlement Payments
Merck will begin making Vioxx settlement payments in August of this year but most plaintiffs will have to wait much longer before receiving any money. Merck will begin to make an interim payment, estimated at 40% of the plaintiffs total settlement amount in the next few weeks. The initial payments though are only for heart attack plaintiffs. The stroke plaintiffs will not start being paid until February 2009. Plaintiffs will receive payments on a rolling basis after a multi-step review process. Therefore one heart attack client may receive payment in September while another one may not receive any money until January. With 50,000+ claims to review, it is going to take quite some time before all payments are completed. Nevertheless Merck has committed to paying all eligible claims and can no longer walk away from the settlement. For more information on the Vioxx Settlement, contact Rachael Gilmer at rgilmer@levinlaw.com or (850) 435-7159.
Read the CBSNews Article
Read the BusinessWeek Article

Kugel Mesh Early Neutral Evaluation Program Broadened to Include Non-ring Break Cases
Judge Mary Lisi, the presiding judge in the Kugel Hernia Mesh patch Multidistrict Litigation, issued an order Monday broadening the court's "Early Neutral Evaluation" program to include non-ring break cases. Recalls of Bard's Kugel Hernia Mesh patches were initiated in 2005 because of a defect involving the device's monofilament polypropylene ring, which is designed to cause the patch to spring open after being inserted laproscopically. The order indicates that the extent of Bard's liability may be considerably wider than previously thought. Questions about the Kugel Mesh patch litigation should be directed to attorney Pete Kaufman, of Levin, Papantonio's Mass Tort Department. You can reach Pete Kaufman at pkaufman@levinlaw.com.
Read the MDL Order

Fosamax MDL District Judge Remands MDL Cases to State Court
The United States District Court for the Southern District of New York, the presiding Court in the Fosamax MDL No. 1789, has remanded several cases to state courts in the States of California, Florida, and Illinois. In a lengthy order, the District Court also taxed costs and fees against Merck for the improvident removal of the cases to federal court. Levin Papantonio shareholder Tim O'Brien is the Plaintiffs Lead Counsel in the Fosamax MDL and has pledged to work closely with the state court groups in order ensure that multiple cases are ready for trial in mid-2009. Regarding the District Court's order, Mr. O'Brien said, "Federal jurisdiction is, by design, one of strictly prescribed parameters. The District Court's order deftly outlined those parameters, applied them, and put the state court cases where they belong - - in state court." A copy of the order is attached. Levin Papantonio is representing Fosamax patients who have been diagnosed with osteonecrosis of the jaw or who have had low-energy subtrochanteric femur fractures after long-term use of Fosamax. For information regarding Fosamax claims, please feel free to contact Tim O'Brien at tobrien@levinlaw.com. For more information relating to the Fosamax MDL, you may always feel free to access the MDL PSC website at www.fosamaxmdl.com.

Yamaha Rhino Demonstrated for CPSC
On July 28, 2008, Yamaha's professional drivers demonstrated the new 2009 Yamaha Rhino for the CPSC and the public. Of course the 2009 models include a modified door, new seatbelt latch and webbing, a reminder light to wear a helmet and seatbelt, along with several other features. Unfortunately, no modifications have been made to address the instability of the vehicle. At the demonstration, the public was invited to ride as a passenger so long as boots were worn and waivers were signed, but they were not permitted to drive. Please contact Kim Lambert at klambert@levinlaw.com for any questions regarding the Yamaha Rhino litigation. For information on CPSC injury reporting requirements and violations for failing to report injuries, please go to the following links.
Read the CPSC Article
Read the Access Article

JPML Enters Transfer Order in Digitek Litigation
On August 13, 2008, the Judicial Panel on Multi-District Litigation entered an order transferring the Digitek products liability litigation to the Southern District of West Virginia. MDL No. 1968 In re: Digitek Products Liability Litigation was assigned to Judge Joseph R. Goodwin. The litigation consists of eight actions pending in six districts, which will now be transferred to the Southern District of West Virginia. At the time of the MDL hearing, the Panel was notified that fifty other related actions had recently been filed in other districts, those actions will be treated as potential tag-along actions. State court litigation will likely be focused in West Virginia and New Jersey, as Defendants Mylan and Actavis Totowa, LLC have their principal places of business in the two states, respectively. For more information on the Digitek litigation, contact Amanda Slevinski at aslevinski@levinlaw.com.
MDL Transfer Order

Gadolinium Litigation
Levin Papantonio continues in its long tradition leading the charge against Big Pharma by taking on several of its key players in the Gadolinium litigation. Because of its paramagnetic properties, solutions of organic gadolinium complexes and gadolinium compounds are used as intravenous contrast agents to enhance images in medical Magnetic Resonance Imaging (MRI). Gadolinium-based contrast agents have also been used in Magnetic Resonance Angiography (MRA). Gadolinium in not found naturally in the human body, as a matter of fact, in its free state, Gadolinium is extremely toxic. Studies have liked Gadolinium-based contrast agents with a rare, debilitating and untreatable condition called Nephrogenic Systemic Fibrosis. NSF is a systemic disorder with its most prominent and visible effects in the skin, but it can also affect the internal organs, and joints. Patients with NSF describe swelling and tightening of the skin, usually limited to the extremities but sometimes involving the trunk. The condition may develop over a period of days to several weeks. In many cases, the skin thickening inhibits the flexion and extension of joints, resulting in contractures. Severely affected patients may be unable to walk, or fully extend the joints of their arms, hands, legs, and feet. Complaints of muscle weakness are common. The skin changes may start as reddened or darkened patches, papules, or plaques. In time, the skin may feel "woody" and the surface may resemble the texture of the peel of an orange. Patients may experience burning, itching, or severe sharp pains in areas of involvement. There is no treatment for NSF, there is no cure for NSF, and there is only one cause…Gadolinium-based contrast agents. An MDL has already been formed for this litigation, and Levin Papantonio is playing a major role in it. Troy Rafferty is a co-chair of the Plaintiff's Executive Committee. If you are interested in getting involved in this litigation please contact Troy Rafferty at trafferty@levinlaw.com.

ReNu Litigation Continues
Two years after Bausch and Lomb removed its contact lens solution, ReNu with MoistureLoc, from the market, the litigation continues to move forward. Levin Papantonio is committed to ensuring that its injured clients receive compensation. We have met with experts and reviewed hundreds of cases, in order to pursue only those cases where serious eye injuries occurred. If you have any clients who were diagnosed with fusarium keratitis while using ReNu with MoistureLoc, please contact Rachael Gilmer at rgilmer@levinlaw.com or (850) 435-7159.