Testosterone Product Injuries

The U.S. Food and Drug Administration (FDA) is advising the public that it is evaluating studies showing that prescription testosterone products might cause stroke, heart attacks, and death in men who use them.

What Are Testosterone Products and What Are They Prescribed For?

Testosterone is a hormone that plays a major role in promoting masculine traits and men’s health. The FDA approves testosterone replacement drugs for men who lack the hormone due only to a medical condition, such as chemotherapy, failure or the testicles to produce testosterone due to a genetic defect, or neurological problems that interfere with testosterone production.

Prescription testosterone products deliver the hormone through various mechanisms: topical gels; transdermal patches; buccal products (applied to the inner cheek); and injections.

Testosterone Products Might Cause Heart-Related Side Effects

In late January 2014, the FDA issued a drug safety communication stating that it was continuing its evaluation of the safety of testosterone products after two studies were published indicating that they were more dangerous than previously recognized. The FDA did not change its position one way or another on the safety of testosterone products, just that it would take the new studies’ findings into account.

The first study appeared in the Journal of the American Medical Association in November 2013. The researchers studied a group of men in the U.S. Veterans Affairs health system that had low testosterone levels and were undergoing cardiac tests. Some of the men were receiving testosterone treatment while others were not. The men were about 60 years old on average. The study found that recipients of testosterone products were 30 percent more likely to suffer stroke, heart attack, or death.

The second study was published in PLOS One in January 2014, and it compared the health outcomes of more than 55,000 men who filled prescriptions for testosterone products to their health in the previous year. The authors found that men over the age of 65 who filled testosterone products prescriptions were twice as likely to suffer a heart attack within the next 90 days. Younger men who had a history of heart problems had a double or triple risk of heart attack 90 days after the testosterone products prescriptions were filled. Younger men had no discernible increased risk of heart attacks.

Even though the FDA has not formally determined that testosterone products are unsafe, it is still possible for injured men and their families to hold the manufacturers accountable legally.

Chhabra & Gibbs Will Make Things Easier

The process of demanding compensation for the harm you’ve suffered can be complicated, even if it doesn’t seem fair that you should have to go through even more trouble to be made whole again.                

We believe that obtaining legal satisfaction from those who harmed you shouldn’t require more hardship. That’s why we do everything we can to streamline the process, and we will file a lawsuit on your behalf if necessary. If you or a loved one has used a testosterone product, and you believe it caused an injury, contact Chhabra & Gibbs today by going to http://www.cglawms.com or calling this number: 601-948-8005.

Lipitor Diabetes Lawsuits

In early 2012, analysis of clinical trial results prompted the U.S. Food and Drug Administration (FDA) to change the labels of the cholesterol-reducing drug Lipitor to state that it increases a user’s risk of developing type-2 diabetes.

Patients who have taken Lipitor and developed type-2 diabetes have filed lawsuits against Pfizer, Lipitor’s manufacturer, for injuries caused by Lipitor’s potential side effects. These lawsuits are currently pending in courthouses throughout the country. Many of them allege that, way before 2012, Pfizer was aware of—but nevertheless failed to warn customers about—Lipitor’s propensity to increase serum glucose levels.

Chhabra & Gibbs Will Make Things Easier

Have you developed type-2 diabetes or some other harmful condition as a result of having taken Lipitor? If so, contact Chhabra & Gibbs by going to http://www.cglawms.com or calling this number:601-948-8005

We believe that obtaining legal satisfaction from those who harmed you shouldn’t require more hardship. That’s why we do everything we can to streamline the process, and we will file a Lipitor lawsuit on your behalf if necessary.

If you have taken Lipitor and believe it harmed you, contact Chhabra & Gibbs today.

Transvaginal Mesh Pelvic Cavity Tearing Lawsuit

Thousands of women who have received transvaginal mesh implants to treat stress urinary incontinence (SUI) or pelvic organ prolapse (POP) have filed lawsuits in state and federal court to recover compensation for the debilitating injuries they suffered from the transtvaginal mesh products.

If you received a transvaginal mesh implant and were injured as a result, you might be eligible for compensation from the mesh’s manufacturer—whether or not the particular brand of transvaginal mesh your doctor used has been recalled, or is still on the market.

Transvaginal Mesh Victims Are Recovering Compensation

A victim of injuries from transvaginal mesh manufactured by C.R. Bard recovered $5.5 million in 2012 after her case was tried in California state court, and a victim of injuries resulting from transvaginal mesh manufactured by Johnson & Johnson’s Ethicon unit recovered more than $7 million in 2013 after her case was tried in New Jersey state court.

Most recently, in August 2013, the jury in the first trial of one of the thousands of cases against C.R. Bard pending in West Virginia ordered C.R. Bard to pay $250,000 in compensatory damages and $1.75 million in punitive damages. In that case, Donna Cisson, a public-health nurse from Georgia, allegedly stated that Bard’s Avaulta mesh product, which she was implanted with in 2009, caused her to suffer serious pain and injury, and that she underwent several surgeries to have it removed. Under Georgia law, 75 percent of the $1.75 million punitive-damages award was handed over to the state’s general fund, so, between punitive and compensatory damages, Cisson walked away with about $600,000.

Transvaginal mesh victims have also recovered settlement awards (that is, compensation that resulted from negotiations with the mesh manufacturers’ lawyers, not from a jury’s decision). In late June 2013, Endo Health Solutions announced that it will pay $55 million to settle an undisclosed number of lawsuits filed by women who claim they suffered serious injuries from transvaginal mesh products manufactured by the company’s American Medical Systems unit (AMS).

Thousands of Transvaginal Mesh Cases Are Still Patent Pending

ll federal-level transvaginal mesh lawsuits that are still pending against five mesh manufacturers have been consolidated into five multidistrict litigation (MDL) proceedings in the U.S. District Court for the Southern District of West Virginia. District Court Judge Joseph Goodwin is the presiding judge. The five companies involved are: C.R. Bard; American Medical Systems; Boston Scientific; Ethicon; and Cook Medical.

MDL allows parties whose cases share common opponents, facts, and legal issues to combine their cases for the pretrial phase only. Consolidation saves the parties’ and the judiciary’s time and resources while allowing plaintiffs the opportunity to recover an amount of compensation that corresponds to their injuries, unlike in a class action lawsuit, which provides a fixed award.

At the end of the pretrial process, the parties select a handful of plaintiffs, whose cases are typical of all plaintiffs, to try their cases before juries in what are called “bellwether trials.” The first transvaginal mesh bellwether against C.R. Bard was scheduled in July 2013.

There are also lawsuits for transvaginal mesh injuries pending in several state courts around the country.

Chhabra & Gibbs Can Help Women Injured by Transvaginal Mesh

The recent jury awards and settlement amounts received by transvaginal mesh victims are proof that perseverance, plus compassionate representation by a qualified attorney, can lead to victory against faulty medical device manufacturers.

If you or someone you know has had surgery for that involved the implantation of surgical mesh, and is experiencing symptoms consistent with malfunction, contact Chhabra & Gibbs by going to our website at http://www.cglawms.com/ or calling this number: 601-948-8005. 

Jury Links Commonly Used Talc Powder To Ovarian Cancer

A federal jury has found that talcum contained in Johnson & Johnson powder products contributed to a woman’s ovarian cancer.  The jury found on that Johnson & Johnson failed to warn consumers of the link between ovarian cancer and the use of talc-based body powder for feminine hygiene.

Deane Berg, a resident of Sioux Falls, who was diagnosed with ovarian cancer in 2006, filed the lawsuit. The 56-year-old berg used talcum-based products for hygiene purposes for about 30 years, including J&J’s shower to shower body powder.

Attorney R. Allen Smith, Jr., one of Berg’s lawyers, said his client never would have used the products in the manner she did if she had seen a warning.  “The first time she heard about the risk was after her diagnosis,” Smith said.  Smith of Ridgeland, Mississippi, filed the very first talcum ovarian cancer lawsuit in 2009.

The verdict comes shortly after the Mississippi Attorney General’s office launched an investigation into Johnson & Johnson’s promotion of talcum powder products used for feminine hygiene.

The jury did not award Berg monetary damages nor did it agree that Johnson & Johnson’s products are defective without a warning label

Medical Studies Link Talcum Powder to Cancer Risk

A recent study conducted by Dr. Margaret A. Gates and funded by the National Cancer Institute and the National Institutes of Health, focused on talc ovarian cancer, found a 36-41% increase in ovarian cancer related to use of talc.  The study advised women to immediately stop using the product.

A June report published in the medical journal cancer prevention research, and based on data collected covering about 2,000 women, found that women who use powder containing talc may have a 20% to 30% greater risk of ovarian cancer.

Medical Experts Testify

Mr. Smith is working with the two of the foremost medical experts on the subject of talc and ovarian cancer (Daniel Cramer, MD and John Godieski, MD).  Dr. Cramer, who has studied the connection between talc and cancer for 30 years told jurors that talc probably was a contributing factor in 10,000 cases of ovarian cancer each year.

Doctors analyzed berg’s cancer tissue, found talc using a scanning electron microscope and concluded that body powder was the cause.

Attorneys To Expand Talc Related Cancer Investigation

This talcum powder lawsuit may be first of many other talc related cancer lawsuits that are to be investigated and filed by attorney Smith and his associated group, the Talc Litigation Group.

Talc Products Affected

Numerous other talc products are impacted by the lawsuit;

•Johnson’s ® baby powder

•Shower to Shower® absorbent body powder

•and all other talcum powder products.

What Do I Do If I Think I May Have Been Injured?

Regardless of where you live, contact Chhabra & Gibbs P.A. by going to http://www.cglawms.com or calling this number: 601-948-8005

BP Oil-Spill Settlement Approval Upheld by Appeals Court

Approval of BP Plc (BP/)’s $9.2 billion partial settlement of private-party claims from the 2010 Gulf of Mexico oil spill was upheld by a U.S. appeals court.

Objectors said the settlement was unfair and couldn’t be approved because it inconsistently compensated victims with the same types of economic injuries. London-based BP asked the court to delay approval until a dispute over the payment of claims is resolved in the company’s favor.

The U.S. Court of Appeals in New Orleans today upheld U.S. District Judge Carl Barbier’s December 2012 endorsement of the accord.

“We cannot agree with the arguments raised by the objectors or BP,” U.S. Circuit Judge W. Eugene Davis said today in a 2-1 ruling. “Neither class certification nor settlement approval are contrary” to federal law, the court said.

The April 2010 Macondo well blowout and the explosion that followed killed 11 workers and set off the worst offshore oil spill in U.S. history. The sinking of Transocean Ltd. (RIG)’s Deepwater Horizon drilling rig and the spill led to hundreds of lawsuits against BP and its partners and contractors.

The company settled with most private plaintiffs in March 2012, just before a non-jury trial was to begin on liability for the incident and on whether BP or its contractors, Halliburton Co. (HAL) and Transocean, acted with gross negligence.

Loss Claims

The accord resolved economic-loss claims for multiple classes of businesses and property owners in Louisiana, Alabama and Mississippi and in parts of Texas and Florida. It excluded claims of financial institutions, casinos, private plaintiffs in parts of Florida and Texas, and residents and businesses claiming harm from the Obama administration’s moratorium on deep-water drilling prompted by the spill. It also didn’t cover claims by governments.

BP initially valued the economic-loss settlement at $7.8 billion. It later revised that estimate to $9.2 billion, according to an Oct. 29 company regulatory filing.

Barbier gave final approval to the settlement in December 2012, certifying the case as a class action, or group lawsuit. Multiple groups of plaintiffs subsequently appealed, contending it couldn’t be a class action because all victims weren’t treated the same.

The case is In re Deepwater Horizon-Appeals of the Economic and Property Damage Class Action Settlement, 13-30095, U.S. Court of Appeals for the Fifth Circuit (New Orleans).

The lower-court case is In re Oil Spill by the Oil Rig Deepwater Horizon in the Gulf of Mexico on April 20, 2010, 10-md-02179, U.S. District Court, Eastern District of Louisiana (New Orleans).

Jury Links Commonly Used Talc Powder To Ovarian Cancer

A federal jury has found that talcum contained in Johnson & Johnson powder products contributed to a woman’s ovarian cancer.  The jury found on that Johnson & Johnson failed to warn consumers of the link between ovarian cancer and the use of talc-based body powder for feminine hygiene.

Deane Berg, a resident of Sioux Falls, who was diagnosed with ovarian cancer in 2006, filed the lawsuit. The 56-year-old berg used talcum-based products for hygiene purposes for about 30 years, including J&J’s shower to shower body powder.

Attorney R. Allen Smith, Jr., one of Berg’s lawyers, said his client never would have used the products in the manner she did if she had seen a warning.  “The first time she heard about the risk was after her diagnosis,” Smith said.  Smith of Ridgeland, Mississippi, filed the very first talcum ovarian cancer lawsuit in 2009.

The verdict comes shortly after the Mississippi Attorney General’s office launched an investigation into Johnson & Johnson’s promotion of talcum powder products used for feminine hygiene.

The jury did not award Berg monetary damages nor did it agree that Johnson & Johnson’s products are defective without a warning label

Medical Studies Link Talcum Powder to Cancer Risk

A recent study conducted by Dr. Margaret A. Gates and funded by the National Cancer Institute and the National Institutes of Health, focused on talc ovarian cancer, found a 36-41% increase in ovarian cancer related to use of talc.  The study advised women to immediately stop using the product.

A June report published in the medical journal cancer prevention research, and based on data collected covering about 2,000 women, found that women who use powder containing talc may have a 20% to 30% greater risk of ovarian cancer.

Medical Experts Testify

Mr. Smith is working with the two of the foremost medical experts on the subject of talc and ovarian cancer (Daniel Cramer, MD and John Godieski, MD).  Dr. Cramer, who has studied the connection between talc and cancer for 30 years told jurors that talc probably was a contributing factor in 10,000 cases of ovarian cancer each year.

Doctors analyzed berg’s cancer tissue, found talc using a scanning electron microscope and concluded that body powder was the cause.

Attorneys To Expand Talc Related Cancer Investigation

This talcum powder lawsuit may be first of many other talc related cancer lawsuits that are to be investigated and filed by attorney Smith and his associated group, the Talc Litigation Group.

Talc Products Affected

Numerous other talc products are impacted by the lawsuit;

•Johnson’s ® baby powder

•Shower to Shower® absorbent body powder

•and all other talcum powder products.

What Do I Do If I Think I May Have Been Injured?

Regardless of where you live, contact Chhabra & Gibbs P.A. to review your case and ensure that you are properly evaluated by a qualified medical expert.

No Mississippi Nursing Home without Violations Since 2010

Of Mississippi's 205 nursing homes, not one has had a clean safety record in the past three years. Since 2010, nursing homes in the state have amassed over 4,500 violations from the U.S. Centers for Medicare and Medicaid Services.

It should be noted that these numbers reflect facilities that accept Medicare and Medicaid, however, not all nursing homes do. Facilities that are not certified to accept federal assistance programs are typically very small, private homes. Mississippi's long-term-care ombudsman, a post in the Department of Human Services, stated that the state's systemic failure is the result of low wages and inadequate training among nursing home personnel.

She further stated that many employees of Mississippi nursing homes make minimum wage, with no benefits, and could often make more at local casinos. Certified nursing assistants, for example, make an average of $24,600 a year in Mississippi, which is more than a fast food cook but less than a blackjack dealer at a casino.

Nursing homes that accept Medicare and Medicaid are subject to inspections at least once per year, along with unannounced inspections if there are any complaints filed. Facilities are also required to promptly report all incidents, no matter how seemingly trivial, to authorities. Certified nursing assistants must undergo and pass a 100-hour training course to be employed.

Overall, Mississippi nursing homes average about eight violations per nursing home. In the most recent Nursing Home Report Card, issued by the advocacy group Families for Better Care, the state earned a "D."

The systemic pattern of health and safety violations can have dire, often gruesome consequences for the state's elderly. In November 2010, an employee at Highland Home in Ridgeland, Mississippi found a resident hanging from her wheelchair's lap belt by the neck. The patient had low muscle tone and poor cognitive skills, and the belt's manufacturer specifically warned against its use in patients with these ailments.

The resident survived that incident, after which the facility switched her to a crotch restraint, despite manufacturer's recommendations that it be used only for patients with adequate posture. On New Year's Eve 2010, the same resident was found hanging from her wheelchair from the crotch restraint; the staff made no changes to her care plan and continued using the restraint, without regular monitoring.

At least three other residents at Highland Home suffered similar incidents, suggesting a pattern of inadequate monitoring and negligent care plans. Other serious problems noted at Highland are common among other nursing homes throughout the country: staff dropping residents while moving them, failing to follow physician's orders, unnecessary sedation, isolation and theft. Highland racked up $635,000 in 2011, the highest of any facility in Mississippi.

The most common violation in Mississippi was failure to control the spread of infection in nursing homes, with nearly 315 violations. Second was failure to keep adequate clinical records. Golden Age Nursing Home in Greenwood has the highest number of deficiencies in the state, with 53 since 2010. Six violations occurred in 2012 after an employee was caught stealing residents' painkillers.