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Archives : 2012 : February

SW Defeats Accutane Makers in Appeal of $10.5M Verdict

February 29th, 2012

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.

Seeger Weiss Partners David Buchanan and Christopher Seeger

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

February 23rd, 2012

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.

For information on the current 2012 Stryker hip implant recall, visit http://www.seegerweiss.com/stryker-hip-recall.

NFL Super Bowl Ad Emphasizes Safety

February 7th, 2012

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 injurypersonal 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.