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Jury Awards $16.5 Million in
Duragesic® Case

On November 17, 2008, HORP&B achieved a $16,560,000 verdict for the family of a Cicero, Illinois woman who died while wearing a Duragesic fentanyl transdermal pain patch. After a 3 week trial, a Chicago jury found two Johnson & Johnson subsidiaries liable for the death of 38-year-old Janice DiCosolo, a mother of three.

Duragesic is a patch containing a gel form of the opioid drug fentanyl, which is 100 times stronger than morphine. On February 15, 2004, Mrs. DiCosolo died as a result of using a defective Duragesic patch that her doctor had prescribed to alleviate the intense pain she experienced from a neurological condition called "reflex sympathetic dystrophy." The patch was part of a lot of patches that ALZA recalled in 2004 due to seal breaches that allowed leakage that could cause an increased, life-threatening absorption of the drug. That same year, an FDA investigator found deficiencies in ALZA's manufacturing practices and quality control assurance policies and procedures.

HORP&B Partners Jim Orr and Michael Heygood were the lead attorneys representing the DiCosolo family in the case against the defendants, Janssen Pharmaceutica Inc. and ALZA Corporation. Orr and Heygood were assisted in the case by HORP&B Partner Charles Miller.

According to Jim Orr, "They knew this patch was dangerous and defective but they continued to sell it and make money, and that's the only reason Janice DiCosolo is dead." Michael Heygood added, "They even knew there was a safer design, one that would prevent the fentanyl from leaking, but they chose not to use it."

This is the second Duragesic case where HORP&B has prevailed on behalf of a client who lost a loved one due to a defective fentanyl patch. Last year, a federal court jury in Florida awarded $5.5 million to the father of 28-year-old Adam Hendelson, who died while using a Duragesic patch that was prescribed for hip pain.

Shoulder Pain Pump Litigation:
Free Teleconference
Levin, Papantonio is currently investigating cases involving intra-articular pain pump catheters. These devices are temporarily implanted in the shoulder during surgery and have been linked to a serious injury known as Postarthroscopic Glenohumeral Chondrolysis (PAGCL). This is an extremely painful condition involving the deterioration of cartilage in the shoulder joint.

For years, surgeons have favored the intra-articular pain pump for pain management. These flexible plastic catheters deliver pain medication directly to the joint, and can extend the effectiveness of other shoulder numbing agents for up to 48 hours.

But this pain relief comes at a terrible price. A study published in the American Journal of Sports Medicine concluded that these pumps were associated with PAGCL. This association was greatest when the intra-articular pain pumps were used to deliver a combination of the painkillers bupivacaine and epinephrine directly into the shoulder joint space. In spite of this knowledge, the manufacturers of these pumps have persisted in recommending that physicians deploy the pumps to inject medicine directly into the joint space.

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Join Pete Kaufman with Levin Papantonio for this
FREE TELECONFERENCE
Hosted by Mass Torts Made Perfect
Friday, November 21st at 11:30am, (Eastern)

The FREE call-in number is 888-803-6413.
(Please call in 5 minutes early to participate in the call.)

You may also view a supporting Power Point presentation, during the call, at
www.masstortsmadeperfect.com

November 2008
Fosamax
The District Court presiding over the Fosamax MDL involving osteonecrosis of the jaw claims has set the order of the first three such cases to be tried. The three cases selected for trial were drawn from a pre-determined pool of cases that was established by the District Court in one of the initial case management orders. The Plaintiffs Steering Committee (of which Levin Papantonio shareholder Tim O'Brien is Lead Counsel) selected one case, which will be tried in August 2009. The District Court selected one case, at random, which will be tried in October 2009. And Merck selected one case, which will be tried in January 2010. All cases will be tried in New York City.

In addition to Fosamax ONJ cases, Levin Papantonio is representing clients in Fosamax cases involving low energy, non-traumatic fractured of the femur (thigh bone). A recent Cornell University study revealed data showing that long-term Fosamax users were at risk for such fractures. Email Tim O'Brien at TObrien@levinlaw.com

Gadolinium
The Gadolinium MDL is making progress at record speeds. In an effort to move this litigation along as quickly and as prudently as possible, the PSC has worked with Judge Polster in the Northern District of Ohio to set discovery, trial selection and pre-trial deadlines that can best serve these catastrophically injured clients. Levin Papantonio's Troy Rafferty and his fellow members of the PSC have worked hard to strike a balance between moving the litigation along as quickly as possible to ensure these clients are able to see their day in court, and setting reasonable deadlines that allow time for proper discovery of the millions of pages of documents already being produced by Defendants Bayer Healthcare Pharmaceuticals Inc., GE Healthcare Inc., Bracco Diagnostics Inc., and Mallinckrodt Inc. If you have any questions about the Gadolinium litigation, Gadolinium-Based Contrast Agents, or Nephrogenic Systemic Fibrosis, the crippling condition at the center of this litigation, please contact Troy Rafferty at TRafferty@levinlaw.com or Lea Morris at Lea.Morris@levinlaw.com.

Trasylol
The Trasylol litigation is in high gear. The PSC has fought for an aggressive discovery schedule and the first MDL case is set to be tried in January 2010. In that effort, Levin Papantonio's Brian Barr recently took the deposition of Dr. Thomas Chin, Bayer's Associate Director of Pharmacovigilance for the United States. Between now and the first trial, there is a lot of work to be done and Levin Papantonio is in the middle of it all, not to mention potential clients are still out there looking for representation against Bayer for the damage this drug caused to them or their loved one. If you have any questions about the Trasylol litigation please contact Brian Barr at BBarr@levinlaw.com or Lea Morris at Lea.Morris@levinlaw.com.

Heparin
The Baxter Heparin litigation has been moving along well. We are currently involved in the MDL, which is located in the Northern District of Ohio. We hold a position on the Plaintiffs' Steering Committee and are participating in discovery with the Defendants at this time. The discovery process is currently in its earliest phase, though we have propounded extensive discovery requests on the Defendants. So far, we have received some crucial documents evidencing specific lot numbers and distribution codes, but are expecting many more documents that will shape the liability aspects of the case. We continue to evaluate our current cases as we receive and review medical records and documents from the defendants. As well, we are still evaluating and accepting new cases. Please contact Scott Barnes at SBarnes@levinlaw.com.

Shoulder Pain Pump Litigation
Levin, Papantonio is currently investigating cases involving intra-articular pain pump catheters. These devices are temporarily implanted in the shoulder during surgery and have been linked to a serious injury know as Postarthroscopic Glenohumeral Chondrolysis (PAGCL). This is an extremely painful condition involving the deterioration of cartilage in the shoulder joint.

For years, surgeons have favored the intra-articular pain pump for pain management. These flexible plastic catheters deliver pain medication directly to the joint, and can extend the effectiveness of other shoulder numbing agents for up to 48 hours.

But this pain relief comes at a terrible price. A study published in the American Journal of Sports Medicine concluded that these pumps were associated with PAGCL. This association was greatest when the intra-articular pain pumps were used to deliver a combination of the painkillers bupivacaine and epinephrine directly into the shoulder joint space. In spite of this knowledge, the manufacturers of these pumps have persisted in recommending that physicians deploy the pumps to inject medicine directly into the joint space.

For more information, contact Pete Kaufman at PKaufman@levinlaw.com.

In re: Digitek Products Liability Litigation; MDL No. 1968
On November 5, 2005, Judge Goodwin entered Pretrial Order #4 appointing the members of the Plaintiffs’ Steering Committee as well as laying out some general issues that will be developing in the coming weeks. Judge Goodwin expressed his desire to coordinate with the judges and counsel involved in the Digitek state court litigation, focused primarily in West Virginia and New Jersey. Matters to be developed include establishing a protocol for Digitek tablet inspections, issues related to acceptance of service and applicability of a master tolling agreement.

Levin, Papantonio is actively involved in the Digitek MDL, with Robert Blanchard being among those appointed to the PSC. Email Amanda Slevinski at ASlevinski@levinlaw.com with any questions regarding the Digitek Products Liability Litigation.

Vioxx
Levin Papantonio attorneys continue to work on Vioxx claims one year after the national settlement was announced. We are still working with clients and the Vioxx claims administration to ensure that our clients receive the maximum settlement available on their cases. The claims administration hopes to have all heart attack cases reviewed by April 2009 and to start stroke case reviews in February 2009 and finish sometime next summer. If you have any questions about the settlement process please contact Rachael Gilmer at 850-435-7159 or RGilmer@levinlaw.com.

Securities Department
Levin Papantonio's Securities Department is headed by Peter Mougey. Peter can be contacted at PMougey@levinlaw.com.
Levin Papantonio Scheduled to Arbitrate One of the First Morgan Keegan Bond Fund Claims
To date, two of the three arbitrations arbitrated across the country have resulted in awards for the investors. We have filed cases on behalf of 50 institutional and individual investors who have lost more than $50 million in the Regions Morgan Keegan Select Intermediate Bond Fund (RIBCX), the Regions Morgan Keegan Select High Income Fund (MKHIX), the RMK High Income Fund (RMH), the RMK Multi-Sector High Income Fund (RHY), and the RMK Strategic Income Fund. These funds have declined more than 65% in the past 12 months because of the undisclosed risks and the exposure to both the subprime and mortgage markets. We expect to file another 155 arbitration and state court claims by the end of the year.
Lehman Principal Protected Notes
Several major brokerage firms, among them UBS, Merrill Lynch, and JP Morgan, sold nearly $70 billion of these principal protected notes in the past year. Many financial advisors recommended these products to retired, risk-adverse investors without informing them of the potential risk. Many investors were not even told that the Lehman Brothers-created products carried significant risk.
Citigroup Hedge Funds
Levin Papantonio continues to accept claims against Citigroup Alternative Investments (“CAI”). Citigroup advertised these funds as alternatives to fixed income but volatility in the credit market proved that the hedge funds were far less reliable than they were marketed. In fact, quantitative analysis has demonstrated that the pricing inefficiency Citigroup attempted to capture in Mat V was in reality a risk premium built in to the market. The fund has lost over 75% of its value after the too-little-too-late settlement offer to investors. We continue to accept Mat Five cases from across the country.
Levin Papantonio is Filing Multiple Securities Arbitration Claims Based on Unsuitable Recommendations to Concentrated Portfolios in the Financial Sector
Levin Papantonio continues to accept cases against broker-dealers on behalf of investors holding concentrated equity positions, including common and preferred stock. Many investors’ life savings were not diversified across industry sectors or were not allocated to investment grade fixed income. Instead, portfolios were concentrated in the financial sector through common and preferred stock and fixed income. This concentration caused many retail investors to lose a disproportionate amount of their life savings.
Levin Papantonio Moved for Lead Counsel Status in First Trust Mutual Fund Class Action
Levin Papantonio has moved for lead counsel status in a class action in the United States District Court for the Northern District of Illinois against the First Trust family of Strategic High Income mutual funds ("First Trust"). The First Trust mutual funds, the Strategic High Income Fund (FHI), the Strategic High Income Fund II (FHY), and the Strategic High Income Fund III (FHO) held some of the riskiest and most illiquid collateralized debt obligations ("CDO") on the market. In the second half of 2007, the funds dropped more than 50% and lost a total of $250 million when the underlying debt securities lost their value. In fact, the First Trust mutual funds were at the bottom of the peer group due in large part to their substantial CDO holdings.

Good Monday Morning,

Our Associate Media Director Cindy Kallman shares the attached article with us relating to the Yellow Page Industry from the Wall Street Journal. With their market share eroding, Yellow Page reps will be very forceful in their sales efforts. Several publishers have developed new products in an effort to maintain their clients' spending levels. If you aren't tracking your response from your Yellow Page ads, you should be. RCF (remote call forwarding) numbers will help you evaluate the effectiveness of your campaign.

Enjoy the read......


Tammy Kehe
Vice President
Network Affiliates



Extinction Threatens Yellow-Pages Publishers
By Emily Steel , WSJ.com
14 HOURS AGO
Dow Jones & Company, Inc.

The yellow-pages industry is running out of lifelines.

In recent years, as its customers migrated to the Web -- flocking to sites like Google -- the telephone-directory business followed, hoping the Internet would be its salvation.

But that strategy hasn't panned out. Now, the economic downturn is sending the already ailing business into a tailspin.

The audience for online yellow pages remains relatively small, and traffic growth is slowing. So many directory services are vying for the ad dollars of local businesses that no single site has an authoritative roster.

Meanwhile, ad dollars are drying up as small businesses -- the industry's bread and butter -- find it harder to pay bills or have cut their spending sharply.

Print and online ad spending on yellow pages will plummet 6.3% next year, more than double the rate of decline expected for broadcast TV, according to forecasts by Wachovia analyst John Janedis. Within the next four years, ad spending will fall 39% in print directories alone -- the steepest projected decline across all local-media categories, according to media-research firm Borrell Associates.

"It's pretty darn hard out there for everybody, and those that have less staying power, it just looks like it's going to be a difficult environment to be able to hang on in the long term," said Dave Swanson, chief executive of R.H. Donnelley, a Cary, N.C., yellow-pages publisher, during a conference call on the company's third-quarter earnings.

Facing the real prospect of extinction, the publishers, many of which have considerable debt, have been slashing jobs, scrapping dividends and exiting unprofitable markets. Shares of two of the biggest publishers, R.H. Donnelley and Idearc, have plummeted 99% in the past year.

"The main pure-play companies do not have capital structures that would enable them to endure perpetual high-single-digit or double-digit declines in cash flow and remain viable entities or solvent entities over time," says Mike Simonton, an analyst with Fitch Ratings.

Yellow-pages publishers have spent the past several years attempting to reinvent themselves, launching a slew of digital offerings for advertisers, and retraining their sales forces to sell digital ads alongside print ads.

But Internet revenues remain anemic. At less than 10%, online-ad dollars make up only a modest portion of total revenues and aren't growing fast enough to offset steep declines on the print side, says Mr. Simonton.

Analysts say yellow-pages sales teams face an inherent conflict. While they are pressured to sell both print and online ads, Internet ads are often a third of the price of the print product. The top priority for the sales teams often is to sell the print book first, then sell the digital products.

Even if online revenues were growing at a faster clip, analysts are cautious about the prospects of online-only directories. Yellow-pages ads are the only form of advertising many small businesses buy, and the online ads are typically sold in conjunction with print listings, Mr. Simonton says. That means that if businesses aren't buying the print ad, then the online ad disappears too.

In a last-ditch attempt to succeed online, some publishers have struck ad-sale partnerships with Internet companies like Google. White Directory Publishers, which publishes directories in 90 small to medium-size markets, says it is often more effective for small businesses to have a presence on Google than on a directory Web site. But many small- to medium-size businesses don't have the expertise or time to create effective Web sites or buy and track search ads, so White Directory is offering to do it for them.

"They all believe they have the URL and the Web site that's going to win," Jeff Folckemer, chief operating officer and chief executive-designate of White Directory, part of Hearst Corp., says of the directory companies. "Our philosophy immediately was to go right to the big guys."

Mr. Simonton cautions, however, that even if publishers survive, any growth they achieved since the last downturn, in 2001, will be short-lived. "That extra growth coming from new businesses are the first to fold in a downturn. You basically give back in one downturn what took seven years to grow."

Write to Emily Steel at emily.steel@wsj.com

November 7, 2008
New York Times
The Court Confronts a Grievous Injury
For years, the Bush administration has worked with industry to try to water down the public's protections by preventing states from enforcing rules and regulations tougher than those required by the federal government.

It has tried to apply this policy of pre-emption to rules issued by a slew of federal agencies and is now asking the Supreme Court to approve its improper ideological stand when it comes to drug safety.

On Monday, the court heard arguments in the case of a Vermont musician who lost her arm after being injected with an anti-nausea drug. There is no doubt that Diana Levine was badly injured by a drug made by Wyeth. The only question is whether the Supreme Court will uphold her right to sue the company over its failure to adequately warn of a drug's dangers. Or will it buy the arguments of the industry and the Bush administration that companies like Wyeth should be protected from such lawsuits in state courts if the products that caused the injury met federal regulatory standards?

The administration wants approval by the Food and Drug Administration to be the final word in these cases, not state laws like Vermont's that often require the manufacturer to meet a higher standard in warning doctors and patients about potential dangers. The court should rule in favor of Ms. Levine.

Ms. Levine went to a clinic seeking relief for a migraine headache. She received Demerol for her headache and Wyeth's Phenergan to combat nausea, both administered by injections into the muscle, which is the preferred route of administration. When the headaches persisted, she returned for more treatment.

This time, the same medicines were administered by an intravenous "push" technique that is known to be risky - using a needle inserted into a vein. A physician's assistant mistakenly hit an artery, with catastrophic results. Ms. Levine quickly developed gangrene; her hand and lower arm had to be amputated. She sued the physician's assistant, the supervising physician and the clinic for malpractice and won an out-of-court settlement, as well she should have.

Then she sued Wyeth for failing to warn the clinicians to use the much safer "IV drip" technique, in which the drug is injected into a stream of liquid flowing from a hanging bag that already has been safely connected to a vein, making it highly unlikely that the drug will reach an artery. A trial court awarded her $6.7 million, and the Vermont Supreme Court upheld the verdict. Now Wyeth, supported by the Bush administration, has asked the Supreme Court to reverse the verdict on the grounds that Wyeth complied with federal regulatory requirements.

We do not buy Wyeth's argument that it did everything it needed to, or could have done, to warn doctors about the dangers involved in the treatment Ms. Levine received. Wyeth did warn of some dangers of the drug treatment, in words approved by the F.D.A., but the state court was well within its rights to conclude that those warnings were insufficient.

And that is the greater point. When Congress revised the federal law governing the F.D.A. in 2007, drug companies wanted, but did not get, a provision shielding them from this sort of lawsuit. The drug industry and its administration allies now want the court to ignore the absence of express legal language and grant drug companies immunity based on a phony assertion that state lawsuits improperly usurp federal regulatory authority.

For the court to broadly endorse the concept of "implied pre-emption" in this case would show disrespect for the considered decisions of Congress and could foreclose injury suits involving not only drugs, but also motor vehicles, household products and other things. The ultimate effect would be to undermine consumer safety.

Far from usurping the F.D.A.'s power, litigation aimed at holding drug companies liable for problems like those in this case complement the agency's efforts to protect the public. For many years the F.D.A. welcomed state failure-to-warn suits as reinforcing those efforts; two former commissioners, David Kessler and Donald Kennedy, made that point in a brief in the case.

Only under President Bush did the agency overrule its top staff members and try to pre-empt such suits. We hope this business-friendly Supreme Court will preserve the consumer protection that state tort actions often provide. Otherwise, the incoming president and Congress will need to pass corrective legislation.

It may sound counter intuitive to increase advertising when the economy is steadily decreasing. But marketing is heady stuff. Some of the weakest times for the economy are actually the strongest times for advertisers - like you.

While the competition may be stalling or scaling back, your firm can prosper simply by maintaining or refocusing efforts on a few dynamic legal service marketing strategies.

Remember: Now is not the time to cut back. It's the perfect time to consider a second opinion about how to maximize your marketing resources and begin (or continue) to reach out to highly targeted audiences with the right message for today's economic climate.

We'd like to help you do just that. With 27 years of legal advertising experience, Network Affiliates is the pioneer of advertising for lawyers. Our full-service agency is home to an expert team that knows the underbellies of law firms and just how attorneys tick. Every day we translate that to:

• Creative, cost-effective commercials

• Custom TV production

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• Mass tort and Hispanic marketing niches

And that's just that’s the short list. We listen. We weigh in. Then we work until you're satisfied and we've successfully met a shared mission: to increase your firm's case load quality and quantity.

Ready to discuss some confidential marketing options for your firm? Please give me a call at 1-800-525-3332 and I'll be happy to provide a complimentary evaluation of your current strategy.




Sincerely,



Harlan M. Schillinger
Vice President/Director of Legal Marketing
800-525-3332
www.netaff.com/legal