Archive for February, 2012

Actos Lawsuits

The drug Actos (Pioglitazone) is prescribed to people with type 2 diabetes.  Its used to control blood sugar levels in conjunction with exercise and diet.  It increases how insulin is used by the body.  The drug is normally taken once daily.  It does not cure the type 2 diabetes.

It has been discovered that there are indications that the drug has serious side effects.  These include heart related issues such as congestive heart disease and bladder cancer.

The list of side effects includes bladder cancer, bone damage, liver damage, kidney damage, heart failure, heart attacks and other heart disease.

If you have been taking Actos and have developed symptoms of these diseases such as unexpected weight gain, shortness of breath, a slow heart rate or bladder problems then contact your doctor immediately.  You may also wish to seek legal help

Transvaginal Surgical Mesh (TVM)

Transvaginal surgical mesh (TMV) is used during surgery for stress urinary incontinence (SUI) and pelvic organ prolapse (POP).   The U.S. Food and Drug Administration (FDA) has put forth a safely warning to doctors and patients that use of TMV  through the vagina for  pelvic organ prolapsed (POP) may be exposing patients to additional risks.

This is a common surgical procedure amongst women and a third of these make use of mesh and three quarters are done through the vagina.  The lawsuit claims that woman as a result of the mesh surgery have experienced complications including:  erosion of the mesh into the vagina, infection, urinary problems, migration, vaginal pain, pelvic pain, urinary problems, skin split or mesh protrudes, pain during sex, vaginal scarring, narrowing of vaginal wall, mesh shrinkage as well as recurrence of the original problem, or the need for corrective surgery.

Manufacturers of TMV include Johnson & Johnson,  Boston Scientific,  C.R. Bard,  and American Medical Systems.

If you have suffered because of these types of surgery you should contact your doctor to be evaluated.  You should also contact a personal injury lawyer for their opinion.

Zoloft Heart Birth Defect Lawsuits

Zoloft  the antidepressant has been hit by lawsuits alleging that the drug has affected women who took the medicine while pregnant and has resulted in babies being born with heart birth defects.   The lawsuits state that the manufacturer of Zoloft knew that there were risks associated with taking the drug during pregnancy and that adequate warning was not issued to patients and doctors.

Zoloft Antidepressant Medication

The latest lawsuit states that the drug caused a baby to be born with a congenital birth defect and that Pfizer did not warn patients using the drug of the risks and that they concealed and suppressed information about Zoloft use while pregnant.

Zoloft is a Selective Serotonin Reuptake Inhibitors (SSRIs) and that these types of antidepressants had been introduced while they were linked to an increased risk of certain congenital defects including Persistent Pulmonary Hypertension and other heart defects.

Originally the  US Food and Drug Administration (FDA) had issued a warning that SSRIs stating that the drug could possibly cause an increased risk of pulmonary hypertension of the newborn. This was retracted during December of 2011 stating that links between use while pregnant and pulmonary hypertension was premature.

Parents with babies born with these types of heart problems after use of Zoloft have blames the drug and it’s manufacturer Pfizer and they have filed lawsuits against Pfizer alleging its drug caused birth defects and accusing Pfizer of negligence and fraud.

The FDA currently does not have a definitive stance regarding SSRI medications and so women are left to determine the risks of using the drugs or having untreated depression while pregnant.

Chase Adjustable Rate Mortgage (ARM) Lawsuit

Individuals who obtained an adjustable rate mortgage (ARM) from Chase ( either JP Morgan Chase Bank or Chase Home Finance) before April 2006 are seeking compensation as part of a class action lawsuit.  This is happening only in California at the moment – though borrowers in other states can instigate legal action if Chase set their interest rate wrong.

The loan documents stated that the initial interest rate  would be the sum of a specified Index plus a set Margin or, a rate less than that sum.  The documents also stated  “Your interest rate will be based on the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year (the ‘Index’) plus an amount called a ‘Margin.’”

Later in the document, the disclosures stated that “Your initial interest rate may be discounted and will not be tied to the Index.”   Thus the bank allegedly charged the borrowers an initial interest rate higher than the sum of the Index and Margin.

Domino’s Background Check Lawsuit

There is a class action lawsuit against Domino’s Pizza claiming that they violated federal law by conducting background checks on job applicants.  This case has been upheld by Maryland’s federal court after the pizza company tried to get it dismissed.

The case states that Domino’s did not comply with the legal requirements of the federal Fair Credit Reporting Act (FCRA) by (1) running background checks on employees without proper authorization, and (2) “systematically” failing to provide employees with copies of their background checks prior to taking adverse employment action against them.

Claims have been made that checks were performed on individuals before they started working, and they were subsequently dismissed based on undisclosed information discovered during their background checks.  This information was never shared with them by Domino’s.  Also they were not provided a copy of the report or advised of any rights before the termination. Additionally  they were required to sign a consent form that contained extraneous information and was not separate from the application packet.

The law states that employers must provide certain information to consumers before taking any adverse action against them – including not hiring them or terminating them – if the background check is completed after hiring. A a copy of the background check report as well as a statement of their rights prepared by the Federal Trade Commission (FTC), which enforces the FCRA should be given at that time. Consumers are thus protected against inaccurate or incomplete background checks and are given the opportunity to set the record straight.

Up to $1,000 damages per person can be awarded in this case.


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