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Archives : 2011 : May

Chris Seeger and Dave Buchanan to speak at Fosamax Femur Fractures Forum

May 26th, 2011

Partners Chris Seeger and Dave Buchanan, along with Mike Papantonio of Levin Papantonio Thomas Mitchell Rafferty & Proctor, will be heading up a forum on Fosamax-induced femur fractures litigation in Miami on June 24, 2011. The details are below:

Fosamax-Induced Femur Fractures Litigation

presented by Mass Torts Made Perfect, a plaintiffs’
only forum on these two emerging mass torts

Friday, June 24, 2011
Loews Miami Beach Hotel – Miami, Florida

Topics to Include:

  • The Science of Oversupression of Bone Turnover
  • Epidemiology of Fosamax and Atypical Femur Fractures
  • The Relationship Between ONJ and Atypical Fremur Fractures
  • State of Litigation: New Jersey, Florida, California State Courts
  • The Femur MDL Update
  • Moving the Liability Case Forward: What Work Product Exists?
  • Understanding Damages
  • Case Selection Criteria

Presented by: Levin Papantonio Thomas Mitchell Rafferty & Proctor, PA, Pensacola, FL

Price: $795 for attorneys and $595 for paralegals.

To register, call Sharon Boothe at 610-644-3943, or email

Sponsorship and exhibitor information available by contacting Sharon Boothe. A small block of rooms has been reserved at the hotel at the discounted room rate of $179.00. Call the hotel directly at 305-604-1601, or toll free  at 1-877-563-9762. Refer to the “Mass Torts Made Perfect” program to get the discounted room rate. The room rate is available also three days prior and three days after the conference, if you decide to extend your stay. Please direct any questions to Sharon Boothe, at 610-644-3943.

Osteoperosis Drug Alarm: Docs Tell Patients to Take a Break From Bisphosphonates

May 26th, 2011

ABC News:

Many doctors are changing the prescribing length of a class of osteoporosis medication known as bisphosphonates after mounting evidence has linked long-term use of the medication with femur fractures in postmenopausal women.

Fosamax, one bisphosphonate, is supposed to make bones stronger. But now there’s mounting evidence that for some women, taking Fosamax or its generic alendronate for more than five years could suffer spontaneous fractures.

Bones: Experts rethink long-term use of drugs

May 26th, 2011

USA Today:

Bisphosphonates, a class of drugs that are highly beneficial in reducing bone fractures in people with osteoporosis, the experts say, should not be prescribed to patients who don’t have the disease but are at risk of developing it, as often has been the practice in recent years.

And osteoporosis patients should talk to their doctors about taking a “holiday” from the drugs after two or three years on the medications, says Ken Lyles, director of geriatrics research at Duke University. The drugs can be taken intermittently after several years, he says.

Vonage to pay $4.7M to settle suit

May 26th, 2011

Asbury Park Press:

Vonage Holdings Corp. has agreed to pay $4.75 million to settle a class action lawsuit that was filed in 2008 over the company’s marketing and sales practices.

The settlement is expected to pay “dollar for dollar” to consumers, including those who were charged for service despite an introductory offer for one free month of service, according to Seeger Weiss, a Philadelphia law firm.

The lawsuit, filed in U.S. District Court in New Jersey in 2008, accused Vonage of engaging in “deceptive advertising.”

The settlement “gives them the dollars they lost,” said Scott Alan George, a lawyer with Seeger Weiss.

Missouri bill limits nuisance lawsuits against corporate farms, hurts small family farms

May 18th, 2011

Kansas City Star:

Missouri Gov. Jay Nixon on Wednesday signed into law legislation that limits nuisance lawsuits against farms and livestock producers.

The measure restricts how much money people could win in nuisance lawsuits against livestock and crop producers. It also seeks to prohibit neighbors from filing repeated nuisance claims arising out of similar conditions against the same farm.

Chesterfield Patch:

For years, all of West County—especially Chesterfield—was a patchwork of small family farms. In fact, some of them still exist in Chesterfield.

So when West County state legislators voted for a bill that restricted the ability of small farmers to sue enormous hog farm operations, I thought something was amiss.

According to Missouri Ethics Commission filings, [the registered lobbyist for Smithfield Food] gave 41 hams to state representatives at Christmas time on behalf of Smithfield: 37 to Republicans and four to Democrats. All but one of the Republicans who received a ham voted for the bill or were absent. None of the Democrats voted for the bill.

Senators were given 32 Christmas hams: 25 to Republicans and seven to Democrats. All but three of the 25 Republicans voted for the bill; two were absent. Only one of the Democrats supported the bill.

I think it’s wrong for elected officials to enjoy a Christmas dinner on a company that needs their votes. I imagine the farmers of family-owned Missouri farms agree with me.

Seeger Weiss goes after ‘free’ Apple apps

May 18th, 2011

From Reuters:

A show of hands, please, for all you grownups who’ve purchased a wheelbarrow full of virtual Smurfberries for a mere $59.99 while you were playing the Smurf Village game app on your iPhone. Anyone? How about a $99.99 chest of pearls in the Fishies app? Or a $99.99 trunk of coins in Tap Zoo? No? Hmm. So how is it that these games—all free to download but not to play–apparently generate millions of dollars a month in revenue for Apple?

A group of plaintiffs lawyers claim it’s because Apple is “preying on young children” who click on treasure chests and cute animals without any idea that their parents’ Apple accounts are being charged, said Michael Boni of Boni & Zack. On Monday his firm filed its third class action against Apple in the last month, claiming in a San Francisco U.S. district court complaint that “highly addictive” free game downloads are “designed solely to lure minors to purchase game currency.”

Some pretty big-name plaintiffs lawyers are taking up the cause. Seeger Weiss appears on all of the complaints.

BP Policies Hurt Franchisees’ Earnings

May 17th, 2011

Law 360:

A putative class of BP Products North America Inc. franchisees claimed in a suit Thursday in California that the energy giant and a subsidiary broke franchise agreements by mandating a set of business policies that cut into their earnings.
More than a dozen BP franchisees allege the company skimmed money from their businesses by forcing them to install new sales systems, controlling product pricing and manipulating gas supplies, among other improprieties.

The franchisees are all owners of ARCO-, BP- or am/pm-branded gas stations and convenience stores, whose collective damages following class certification will total well over $5 million, according to the complaint.

The plaintiffs are represented by Seeger Weiss LLP and Lee Tran & Liang APLC.

Hip Makers Told to Study More Data

May 11th, 2011

New York Times:

In an unusual move, the Food and Drug Administration has ordered all producers of a popular category of artificial hip to undertake studies of the implants, which have been linked to high early failure rates and severe health effects in some patients.

Under the order, producers of “metal-on-metal” hips will have to conduct studies of patients who received the device to determine, among other things, whether the implants are shedding high levels of metallic debris. Some patients have encountered that problem, including soft tissue damage that has disabled them.

Chris Seeger to speak at Mass Torts Forum

May 6th, 2011

Chris Seeger, along with Mike Papantonio of Levin Papantonio Thomas Mitchell Rafferty & Proctor, will be heading up a forum on Antidepressant/Anti-Seizure Birth Defect Litigation and Zimmer NexGen Litigation in Philadelphia on May 24, 2011. The details are below:

Antidepressant/Anti-Seizure Birth Defect
Litigation and Zimmer NexGen Litigation

presented by Mass Torts Made Perfect, a plaintiffs’
only forum on these two emerging mass torts

Tuesday, May 24, 2011
The Rittenhouse Hotel, Philadelphia

Topics to Include:

  • SSRIs and Topamax and their role in causing birth defects
  • Case selection and client intake – what to look for, what to avoid
  • Calculating damages in both birth defect and Zimmer NexGen cases
  • What we learned from the Kilker Paxil trial
  • View from the bench: Insights from Judge Sandra Mazer Moss and Judge Mark Bernstein
  • Zimmer NexGen MIS, the uncemented NexGen CR-Flex knee replacement, and the Zimmer Gender Solutions High-Flex Knee
  • Company history and where to file cases in both Zimmer and birth defects
  • In-depth discussion on the medical literature in birth defects

Presented by: Levin Papantonio Thomas Mitchell Rafferty & Proctor, PA, Pensacola, FL

Faculty: Mike Papantonio, Levin Papantonio Thomas Mitchell Rafferty & Proctor; Chris Seeger, Seeger Weiss; Tim Becker, Zimmerman Reed; Ed Blizzard, Blizzard McCarthy & Nabers; Bob Brown, Baron & Budd; Chris Coffin, Pendley Baudin & Coffin; Michael Goetz, Morgan & Morgan; Seth Katz, Burg Simpson; Kim Lambert, Levin Papantonio Thomas Mitchell Rafferty & Proctor; Tobi Millrood, Pogust Braslow Millrood; Hon. Sandra Mazer Moss, Philadelphia Court of Common Pleas; Daniel Nigh, Levin Papantonio Thomas Mitchell Rafferty & Proctor; Ellen Relkin, Weitz & Luxenberg; Mark Robinson, Robinson Calcagnie Robinson Shapiro & Davis; James Ronca, Anapol Schwartz Weiss Coahn Feldman & Smalley; David Rosenband, Weitz & Luxenberg; and Jamie Sheller, Sheller P.C.

Price: $795

To register, call Sharon Boothe at 610-644-3943, or email To view the entire agenda and speakers, click here to download the PDF.

Sponsorship and exhibitor information available by contacting Sharon Boothe. For hotel accommodations, please contact the Rittenhouse Hotel directly at 215-546-9000 and indicate that you are with the Mass Torts Made Perfect group. Any questions, please contact Sharon Boothe at 610-644-3943 for assistance. Exclusively endorsed by the National Trial Lawyers Association.

Duerson Findings Could Shape NFL Brain Injury Debate

May 2nd, 2011

New York Times:

Duerson’s case is unique beyond the circumstances of his suicide. Since 2006, he had served on the six-member panel that considered claims for disability benefits filed by former N.F.L. players.

Although individual votes are kept confidential, that board has been sparing in awarding benefits, including those for neurological damage. Duerson himself told a United States Senate subcommittee in 2007 that he questioned whether players’ cognitive and emotional struggles were related to football.

The N.F.L. has altered its approach to concussions in recent years, changing rules to help limit them and revamping how concussions are handled when they occur. But those efforts cannot turn back the clock for players who sustained irreversible damage decades ago.