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• DePuy Hip Recall
• Fosamax Femur Fractures
• Muscle Injury
• Sleeping Pill Dangers
• SSRI Birth Defects
• Topamax Birth Defects
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Christopher A. Seeger Named Plaintiffs’ Co-Lead Counsel in Multidistrict NFL Concussion Litigation

Seeger Weiss is pleased to announce that founding partner Christopher A. Seeger has recently been appointed as Plaintiffs’ Co-Lead Counsel in the litigation pending in the Eastern District of Pennsylvania. The litigation, styled as In Re: National Football League Players’ Concussion Injury Litigation, MDL No. 2323, is pending before the Honorable Anita B. Brody. This appointment comes as thousands of former football players have filed suit against the National Football League  focusing on the negligence of the NFL in not providing adequate warnings of the risks associated with concussions and related head trauma injuries.

In making the appointment during the initial MDL status conference, Judge Brody stated, “I want lead counsel.  I have done my homework on that too.  And I would very much like one of co-lead counsel to be Mr. Seeger, Chris Seeger.  I have to tell you, the ratings of people who have had MDLs with you involved have been very, very high, your law firm.”

If you or someone you know has had a sports related injury, contact us today. An experienced attorney with Seeger Weiss LLP will assist you in evaluating your claim. Attorney consultations incur no obligation on your part and all initial consultations are free of charge. Seeger Weiss LLP has office locations in New York, New Jersey, Philadelphia and California.

FDA Delays Decision on Actos Replacement

Last week, Japan-based Takeda Pharmaceutical Co Ltd, makers of the drug Actos, announced that the FDA will extend its review of the company’s drug alogliptin. Alogliptin, a diabetes medication, was expected to be the successor to Takeda’s top-selling drug Actos. Before Takeda lost its patent protection on Actos, the type-2 diabetes treatment had been linked to an increased risk of bladder cancer in studies. In response, the FDA issued a warning to doctors who prescribed Actos to patients.

Seeger Weiss LLP, a national plaintiffs’ law firm, has been actively investigating the link between Actos and bladder cancer. If you believe you or someone you know developed bladder cancer as a result of taking Actos, the firm’s drug injury practice will review your case for free. Contact them here.

Drug Injury Attorneys Investigate Deadly Sleeping Pills

The lawyers of the drug injury practice of Seeger Weiss LLP announced a new investigation this week into a potential lawsuit against the manufacturers of several different sleeping pills. Dozens of recent studies of sleeping pills have indicated that popular sleeping pills like Ambien, Benadryl and Barbiturates carry high mortality risks that put the patients who use them to get to sleep in danger of never waking up. Among other disturbing figures, these sleep studies have uncovered the fact that patients who take sleeping pills die 4.6 times as often within 2.5 years as those who don’t. Additional data has demonstrated that sleeping pills are associated with several types of cancer. In fact, people who take over 132 sleeping pills per year have a 35% increased risk of developing cancer within the next 2.5 years.

Examples of Commonly Prescribed Sleeping Pills with Risks of Cancer and Death:

• Zolpidem (Ambien, Stilnox)
• Temazepam (Restoril)
• Eszopiclone (Lunesta)
• Zaleplon (Sonata)
• Triazolam (Halcion)
• Flurazepam (Dalmane, Dalmadorm)
• Estazolam (ProSom)
• Quazepam (Doral)
• Barbiturates (especially Luminal)
• Antihistamines, mainly diphenhydramine (Benadryl)

Seeger Weiss LLP, an award-winning, national plantiffs’ firm, is offering to review the case of anyone who has been harmed by a prescription sleeping pill. Visit their investigation page for more information.

Bounty Scandal Reveals More NFL Safety Problems

A “bounty scandal” within team leadership on the New Orleans Saints has exposed yet another major flaw regarding the safety of National Football League players. Saints coach Sean Payton and former defensive coordinator Gregg Williams were both formally reprimanded by the League for their involvement in a program that awarded money to players for injuring formidable opponents. The bounties all but openly encouraged members of the team to “fight dirty,” putting themselves and other players at risk. Yesterday, the NFL suspended Williams indefinitely and suspended Payton for one year.

While the NFL’s public rebuke is a step in the right direction, the entire affair adds to the ever increasing number of concerns about player safety. Late last year, Seeger Weiss LLP brought to light the League’s misuse of a dangerous drug called Toradol through a lawsuit that claims victims suffered brain damage at the hands of team medics. The personal injury attorneys of Seeger Weiss will review the claims of anyone who has been harmed by a sports related injury for free. To learn more, click here.

New Federal Courts Jurisdiction and Venue Clarification Act of 2011

The new Federal Courts Jurisdiction and Venue Clarification Act of 2011 took effect on January 6, 2012. It makes some significant changes to 28 U.S.C. § 1332 (the diversity citizenship statute), §§ 1441 & 1446 (the removal and removal procedure statutes), and § 1391 (the general venue statute). It both resolves certain splits among the federal circuit courts as to the interpretation of those statutes and enacts new substantive provisions regarding diversity jurisdiction, venue, and removal. Read the new Act in full here.

The most significant changes are:

• where an action involves multiple defendants, each defendant now gets its own 30-day clock from when it’s served in order to remove the action to federal court.

• where all parties consent, a district court may now transfer venue under 28 U.S.C. § 1404 to a district even where the action could not have been brought originally in that district.

• for venue purposes, if a state which has more than one federal judicial district, a corporate defendant is now deemed to reside in any district in that state in which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate state; if there’s no such single district, the corporation is to be deemed to reside in the district in which it has the most significant contacts.

• for removal purposes and, specifically, for purposes of determining the amount in controversy of cases removed on the basis of diversity jurisdiction, a federal court may now look to the notice of removal for the amount in controversy if the plaintiff is seeking non-monetary relief, or if the plaintiff is seeking a money judgment but the law of the state doesn’t permit a demand for a sum certain or allows recovery for amounts in excess of what’s prayed for.

• discovery responses in state litigation that provide information allowing the defendant to ascertain for the first time the amount in controversy are now considered an “other paper” whose service can trigger the 30-day clock for removal.

• adoption of a bad faith exception to the 1-year time limit on removals of diversity cases – meaning that the action may removed even after the passage of one year from commencement of the action if the plaintiff “deliberately failed to disclose” the amount in controversy in order to prevent removal.

• in removed actions, mandatory severance and remand of claims that aren’t within the district court’s original or supplemental jurisdiction.

SW Defeats Accutane Makers in Appeal of $10.5M Verdict

Earlier this week, the Supreme Court of New Jersey ruled in favor of Seeger Weiss client Kamie Kendall in the appeal of a 2008 case against Accutane manufacturer, Hoffman-LaRoche, Inc. At the conclusion of the original case, Seeger Weiss attorneys secured a $10.5 million award for Ms. Kendall, who developed uclerative colitis as a result of taking the acne medication. However, the defendants recently appealed the verdict, arguing that since Ms. Kendall was diagnosed in 1999 and did not file a lawsuit until 2005, the case violated New Jersey’s two year statute of limitations.

Leading the charge on his client’s behalf, Seeger Weiss partner David R. Buchanan artfully demonstrated that, because of the Swiss pharmaceutical company’s inadequate warnings, Ms. Kendall had no reason to believe that its product had caused her debilitating gastrointestinal problems prior to 2003. Justice Virginia Long, writing on behalf of the majority, agreed and noted, “…we are satisfied, as were the trial judge and the Appellate Division, that Kendall reasonably did not appreciate by December 21, 2003, that Accutane had caused or exacerbated her condition and that, therefore, her filing on December 21, 2005, was timely.” Read the full decision here.

Drug injury cases of this magnitude often lead to an extensive appeals process, which is why it is essential that victims have experienced, dedicated representation. Seeger Weiss LLP has been handling Accutane litigation since 2005, securing awards for its clients as high as $25.16 million. Let our lawyers review your case for free and help you get the results you deserve.

NYT: DePuy Discussed Defective Hip Implants Before Recall

Earlier this week, The New York Times uncovered a 2009 email authored by an executive at DePuy Orthopaedics,  a Johnson & Johnson subsidiary, that seems to refute the company’s later claims that it believed its artificial surface replacement (ASR) hip replacement to be safe. The message was sent in August 2009, just days after the Food and Drug Administration confidentially informed DePuy that it would not approve the ASR device. In the email, vice-president Pamela Plouhar explains the reasons for the FDA’s decision to three other top executives, including then president, David Floyd. The New York Times writes that Ms. Plouhar, “reported in an internal e-mail that the Food and Drug Administration had refused to approve the device, after reviewing company studies that showed it had failed prematurely in ‘significant’ numbers, requiring repeat surgeries for patients.”

Although the ASR implant was denied approval by the FDA, it was sold overseas and was placed in 30,000 patients in the United States before it was officially recalled in 2010. While DePuy’s apparent lack of transparency does not alone constitute a violation of the law, the 2009 email certainly contradicts statements from Johnson & Johnson prior to the recall. After the metal-on-metal hip implants were indeed found to be defective in a number of cases in 2010, the company maintained that its internal studies had demonstrated the safety of the device, and shifted blame onto the doctors and surgeons who were responsible for the implant procedures. The 2009 email, however, proves that DePuy knew the ASR hip implant was unsafe, even when applied by doctors the company hand-picked itself. As The New York Times notes, “DePuy’s decision not to publicize the agency’s findings to doctors, patients and others while continuing to market the device may undercut its defense in the 5,000 related lawsuits pending against it…”

If you are the victim of a defective ASR hip implant, contact Seeger Weiss LLP today. Our experienced defective products attorneys will make sure your case receives the attention and retribution you deserve.

NFL Super Bowl Ad Emphasizes Safety

If you were one of the 111.3 million people watching the Super Bowl this past Sunday, you may have noticed that one of the big game’s much-anticipated commercials actually came from the National Football League itself. In the clip below, which originally aired during the Giants-Patriots match, the NFL describes the history of football in the United States. Using the tagline “evolution”, the League emphasizes developments in the rules to promote player health and safety. The website advertised at the end of the commercial, titled “NFL Evolution | Health & Safety” includes an interactive feature that details these improvements more fully.

The release of the multimillion dollar advertisement comes in the midst of much heated criticism of the medical supervision of players. As CNN reported just hours before the Super Bowl, the discussion was sparked as a result of hundreds of former players filing lawsuits against the NFL for a host of ailments (mostly related to brain damage) they say they developed because of inadequate treatment of injuries. One of the most notable cases was brought in early December on behalf of 11 former players by Seeger Weiss LLP, a national plaintiff’s law firm based in New York City. With extensive experience in drug injury, personal injury and medical malpractice, Seeger Weiss offers to review the case of anyone who has been harmed by a sports injury at no cost. Learn more here.

 

Gronkowski Expected to Use Toradol in Super Bowl

With Super Bowl XLVI around the corner, sports pages are abuzz with predictions for both contenders. One topic on many fans’ minds specifically, is the fate of New England Patriots tight end Rob Gronkowski. After sustaining a high ankle injury during last Sunday’s AFC Championship Game, Gronkowski will almost certainly not be playing at his best this Sunday, doctors and players who have dealt with the injury in the past say. Doctors also expect that Gronkowski will be given the drug Toradol to manage the pain. However, even with the help of the anti-inflammatory, many in the league still have reservations about the effectiveness of Gronkowski’s playing and the long-term damage the big game could do to his ligaments. The Boston Herald reports, ”‘It’s not a miracle drug,’ said former Patriots fullback Heath Evans, who indicated he used Toradol for neck trouble last season. ‘It’s not, “Oh I can’t play, and now I can.” This is just something that takes the edge off. That’s it.’”

The article also notes that the NFL has recently come under scrutiny for its excessive use of Toradol. While the drug helps to numb pain, it also makes it harder for players to recognize injuries – a side effect especially dangerous in a contact sport as rough as football. At least part of the heat on the NFL has come from Seeger Weiss LLP. In December, the law firm used its expertise in drug injury to file a lawsuit against the NFL on behalf of 11 former professional players, who say they have suffered brain damage after being given Toradol to treat concussions. Those who have been harmed after receiving Toradol for a sports injury can contact Seeger Weiss LLP by phone or online. The firm’s drug injury lawyers will review any claim for free.

FDA Issues Another Warning to DePuy

In a warning letter published last week, the Food and Drug Administration announced that fourteen types of devices sold by DePuy Orthopaedics Inc. lacked necessary approval. The letter, sent by Steven D. Silverman, director of the office of compliance, was the result of a near month-long inspection of the Warsaw, Indiana-based company. The inspection also found that DePuy’s quality system did not comply with FDA requirements.

DePuy Orthopaedics Inc., a subsidiary of Johnson & Johnson, has been the subject of significant FDA attention in the past. In 2010, the FDA released another warning letter regarding the manufacturer’s defective hip replacements, the ASR Hip Resurfacing System and the ASR XL Acetabular Cups System. These “metal on metal” hip replacements released dangerous metal shavings in patients, often leading to debilitating pain and other health complications. DePuy recalled the hip implants in 2010, and since then, Seeger Weiss LLP has been working with victims to restore their health and recover compensation for their suffering. If you have been affected by the DePuy ASR hip replacement recall, contact Seeger Weiss today. One of our experienced attorneys will review your case for free.