Actos Settlement Reached

It was announced Saturday that the $2.4 billion Actos settlement agreement reached on April 28, 2015 is final. The finalization of this settlement with Takeda will benefit just over 10,000 persons claiming injury from its diabetes drug, Actos. Plaintiffs will now be required to submit medical proof of their injury and use, while the settlement administrators review claims packages and approve awards. If you are a client of The Nations Law Firm, we may be reaching out to you in the near future so be looking for any correspondence from us. This is great news for all of our Actos clients!

Risperdal Case Update

By Buck Daniel

Currently, we are placing our focus on two litigation fronts for our Risperdal cases. In the Philadelphia litigation there are hundreds of cases pending, whereas the California litigation is in its beginning stages. California Superior Judge William Highberger, who is overseeing the cases, along with the newly appointed Plaintiffs’ Steering Committee have yet to shape pre-trial matters. We see advantages to each front, and plan to place each of our cases strategically in the best fit for the facts of that particular case.  As we make these decisions, we will keep our clients fully informed of where their case will be filed and any developments within each group of cases.

TRANSVAGINAL MESH IMPLANTS – An End of Year Update

By Kim Truongle –

AMS – Our firm is part of a multi-firm settlement with AMS.  If you are one of our AMS clients and have not yet been contacted by us, your contact information may be outdated, so please contact us at (800) 269-3050.  Settlement administration is expected to take many months, even into the year 2016 for many claimants, but the process is being moved as quickly as possible.  The best our clients can do to speed up settlement is to keep their contact information updated.  We will reach out to our clients when we have more information on specific settlement offers for each individual.

Ethicon/J&J – Currently, there are no active negotiations with Ethicon.  Instead, we are working to provide more information to Ethicon regarding a specific sampling of cases, presumably so the company can further analyze the nature of the docket.  The federal Ethicon trial slated to begin in the Southern District of West Virginia this month has been postponed to March, 2015.

Boston Scientific – Boston Scientific trials around the country have, so far, gone both ways – for some cases, Boston Scientific was found not liable; for other cases, Boston Scientific has had hefty verdicts handed down against them.  Many of our Boston Scientific cases are currently in negotiations, but no settlement has yet been reached.  Meanwhile, we are preparing a case for trial in the MDL system.

Bard – We are currently preparing a Bard case for trial.  There are no negotiations currently in Bard-only cases.  We are engaged in negotiations regarding other Bard-related claims involving mesh products co-manufactured by Tissue Science Laboratories Limited and Sofradim Production SAS, but no agreement to settle has yet been reached.

Other Manufacturers – We are also working on mesh cases manufactured by Coloplast and Cook, and these make up a much smaller percentage of our docket.  If you have a Coloplast or Cook case with us, please feel free to phone our office for an update on your specific case.

Case-Specific Updates – Due to the unique nature of these claims, our office usually does not proactively contact you unless a major development has occurred in your case.  Otherwise, our time would be spent just updating clients, instead of working on the case itself.  Not hearing from us does not mean that your case is idle, nor does it mean that you are not represented.  Instead, we have an “open door” policy that anytime you would like an update, simply phone us at (800) 269-3050 to speak to a Case Manager.  If one is unavailable due to the volume of calls, you will receive a callback within 1 business day.  Instead of generic updates done in a mass mailout, we think this method better keeps you updated on YOUR specific case, and it also works better to fit into your busy schedule.

We are pushing forward on our TVM cases and are honored to represent thousands of women who have been harmed by their mesh device.

Happy Holidays to you and yours as we look forward to 2015!

HIP IMPLANTS – An End of Year Update

By Kim Truongle –

ASR – We are pleased to report that all of our clients who elected to participate in the U.S. ASR Settlement earlier this year have been funded the majority of their claim.  We currently await the Settlement Administrator’s review of bonus claims out of the Extraordinary Injury Fund, and it is anticipated that this review will take several more months, due to the number of claims submitted nationwide.  For clients whose ASR hip has not yet been revised, we are working to comply with the Judge’s recent Order to take action to dismiss (yet preserve) claims, or move forward with limited case-specific discovery.  If you are one of our ASR clients and have not been contacted by us in recent months, it is important that you contact us immediately at (800) 269-3050, as your contact information is likely outdated.

Pinnacle – The Pinnacle litigation is, as expected, moving at a slower pace than the ASR litigation.  The first Pinnacle MDL trial occurred this year, and unfortunately, the verdict was handed down in the Defendant’s favor.  We are keeping an eye on further developments in this litigation.

Other Manufacturers – We are also working on hip cases manufactured by Biomet, Wright Medical, and Zimmer, though these make up a much smaller percentage of our docket.  If you have one of those cases with us, please feel free to phone our office for an update on your specific case.

Case-Specific Updates – Due to the unique nature of these claims, our office usually does not proactively contact you unless a major development has occurred in your case.  Otherwise, our time would be spent just updating clients, instead of working on the case itself.  Not hearing from us does not mean that your case is idle, nor does it mean that you are not represented.  Instead, we have an “open door” policy that anytime you would like an update, simply phone us at (800) 269-3050 to speak to a Case Manager.  If one is unavailable due to the volume of calls, you will receive a callback within 1 business day.  Instead of generic updates done in a mass mailout, we think this method better keeps you updated on YOUR specific case, and it also works better to fit into your busy schedule.

We are moving forward on our hip cases and hope to be able to report a positive outcome for our clients.

Happy Holidays to you and yours as we look forward to 2015!

Pradaxa Update

By Buck Daniel –

March 31, 2014 – The Court overseeing our Pradaxa cases made slight changes to the bellwether discovery and trial schedule.  The Plaintiffs’ Steering Committee was given additional time to disclose experts, and the first bellwether trial will begin September 8, 2014.  The Court denied Defendants’ motion to reconsider the bellwether selections, but the Court did swap the order of trials 2 and 3 to allow for a non-death case to go second in order to test liability in such cases.

ASR PROPOSED SETTLEMENT – Preliminary Info

By Howard Nations –

November 20, 2013 – Recent activity in the DePuy ASR litigation increases the possibility of a settlement for ASR users who were required to have a revision or replacement of their implanted ASR hip device. Let me be clear up front that this is the beginning of a proposed settlement and we are still a long way from the end.

On November 19, 2013 at a conference in the Ohio federal court where the ASR litigation is pending , Johnson and Johnson  and the Plaintiff’s Steering Committee announced preliminary information regarding a proposed global settlement, limited to ASR hip cases which involve a revision.  At this time, the detailed information has not been finalized and there is a lot of misinformation in the press that is based on leaks and speculation, most of which is inaccurate. There is no set amount offered as a settlement for each case. Instead, there is a very complicated formula which is based on individual case facts and on what evidence each Plaintiff can offer which will determine the final value of each proposed settlement offer from Johnson and Johnson.

This is a PROPOSED settlement rather than a completed settlement because Johnson and Johnson has the right to refuse to proceed with the settlement unless 94% of the potential claimants agree to the global settlement terms.

There remains a lot of work in this case and this proposal for a global settlement will not generate any settlement funds to any Plaintiff before the Summer of 2014, at the earliest. It could be much later that that. There is also the possibility that the entire proposed settlement may collapse if it is not supported by a sufficient number of Plaintiffs.

There are numerous elements that will be considered before qualification and amounts of settlement can be determined.  Once specific qualification criteria and details regarding this proposed settlement are available, we will contact our clients individually to discuss their options. For those of you who do not have a revision, we will  evaluate your alternatives with you also.

It is our policy to review the proposed settlement individually, as it applies to each of our clients and assist each client with a personal evaluation of the precise bottom line for you, if you choose to participate in this settlement. As soon as the details of the settlement proposal are finalized to the point that we can help you make an intelligent evaluation as to the alternatives that are available to you, we will contact you and begin the evaluation process.

Thanks for your patience.