Mass Torts

Serving Central Florida, Orlando and Tampa, FL

Cases of widespread death, injury, damage, or loss that stem from negligence often fall into the category of the legal term mass torts. Mass tort claims arise when unscrupulous individuals or corporations disregard public health or safety and the consequences affect large groups of innocent victims.

A case in point is when big manufacturers in the health care industry put their profits before safety, and hundreds of people, sometimes thousands – fall prey to dangerous drugs and medical devices.

Mass tort cases are sometimes confused with class actions, since both kinds of claims are brought on behalf of groups of people who have suffered similar harm. In mass tort cases, however, each victim or family has its own distinct claim, while benefiting from the time and cost savings of individual claims that have been grouped together by the courts.

Medtronic Sprint Fedelis Leads

These leads are thin wires that connect an implanted defibrillator to the heart. When leads are defective, they may crack or fracture, sometimes without warning. Unwarranted shocks caused by a defective lead, as well as the failure to place the heart as intended, can result in heart attack or death. The fractured leads can also puncture the heart, causing a patient’s death. Surgery to remove and replace the defective leads is complicated and very risky.

Digitek (Digoxin)
Manufactured and distributed by Actavis Totowa, Berteck/Mylan, and UDL Laboratories

Digitek is the generic versions of digoxin, a medication in pill form used to treat abnormal heart rhythm and heart failure. Some lots of Digitek were manufactured at twice the intended physical size, thus delivering an overdose. Symptoms of digitalis toxicity or an overdose include nausea, vomiting, low blood pressure, and cardiac instability which can result in heart attack, stroke or death.

Digitek has been recalled from the market, and most users were notified by their pharmacies to stop taking the drug. Heart patients who were switched to Digitek from digoxin or some other form of digitalis should be alert to symptoms of toxicity and follow up with their physicians to obtain blood tests to monitor the levels of the drug in their bodies.

Kugel Hernia Mesh
Composix brand and dual mesh technology designs, manufactured by Daval/Bard

This product is a synthetic mesh patch that is used during hernia surgery to close the hernia and help the tissue heal. It includes what is called a “memory recoil ring,” a small plastic ring embedded in the path that permits it to be folded over and then deployed once inside the abdomen. Certain sizes of the Kugel Hernia Mesh were recalled by the FDA in 2007 because the products have a tendency to break, causing bowel perforations, abdominal wall punctures and tears, and adhesions. Further, the mesh patch itself has shown a tendency to migrate within the body and sometimes grow into vital organs due to the dual mesh design.

Ortho-Evra Birth Control Patch
Manufactured by Ortho-McNeil Pharmaceuticals, a division of Johnson and Johnson

The critical difference between the Ortho-McNeil birth control patch and oral contraceptives is indirect versus direct delivery of the hormones. Birth control pills are first processed by the body’s digestive system, while similar drugs in a skin patch go directly into the blood stream. The high-dosage concentration delivered by the Ortho-Evra patch can cause blood clots which, in turn, can cause strokes and other life-threatening complications and death.

In January 2008, after thousands of complaints had been logged, the FDA strengthened its warning about the risk of serious blood clots among Ortho-Evra patch users. This product has not been recalled, however, and continues to be marketed as a “safe” option for birth control with the marketing being directed at the very youngest patients.

Vaginal Slings and OB Tape
Manufactured by mentor Corporation

This device was produced by Mentor in 2003 for use in certain kinds of surgical procedures to treat stress incontinence, which is common among women. A vaginal sling reinforces muscles weakened by childbirth and other causes, and helps patients control urinary functions. Almost immediately after its introduction, design and manufacturing defects in the Mentor Ob Tape vaginal sling brand causing severe complications such as breakdown of vaginal tissue, chronic discharge, serious infections, and other injuries that my be permanent.

When the Journal of Urology in 2006 documented widespread injuries caused by the Mentor Ob Tape vaginal sling, the device was pulled from the market. By that time, however, an estimated 35,000 women had been fitted with the sling.

Pain Pumps
Manufactured by Stryker Corporation, I-Flow Inc., DJO Inc., and BREG Inc.

External automatic pain pumps are used frequently in shoulder and other joint surgeries to deliver pain medication directly into the joint. Recently, this direct delivery method has been found to cause serious cartilage destruction – a condition called postarthroscopic glenohumeral chondrolysis (PAGCL), medical terminology for death by cartilage. PAGCL can result in permanent disability and require total joint replacement surgery.

Victims of PAGCL suffer from narrowing or destruction of joint space, which can be diagnosed by x-ray. Patients should seek medical advice if they experience symptoms such as joint weakness stiffness, pain, decreased motion, or clicking, popping, or grinding when the joint is put in motion.

See Verdicts/Settlements section of this website for details.

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Paxil May Cause Birth Defects
Description: Paxil, an SSRI antidepressant, is believed to have caused serious birth defects among infants. This article discusses studies linking SSRI antidepressants to malformations and health effects suffered by infants. Contact the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 for expert legal advice if you were taking Paxil during your pregnancy.
Hydroxycut Has Been Linked to Liver Damage
Description: Fourteen Hydroxycut products have been recalled due to reports of liver damage. Lilly, O’Toole & Brown discuss this alarming discovery regarding Hydroxycut. If you have been injured by Hydroxycut, speak with a Florida injury attorney today at (863) 683-1111.
Florida Health Officials Put Stop to Potent Drugs for Children
Description: Florida health officials have taken steps to slow the number of atypical drugs prescribed to young children. This article reveals some of the problems associated with prescribing atypical drugs to children, including the measures that have been taken by the state of Florida. Call the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 if your child has been harmed by an atypical drug.
Antipsychotic Drugs Can Cause Sudden Cardiac Failure
Description: A new study finds that antipsychotic drugs can lead to sudden cardiac failure. This article discusses the alarming findings of this study involving antipsychotic drugs and their risks. Call the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 if you have been harmed by an antipsychotic drug, such as Seroquel, Zyprexa, Risperdal or Clozaril.
Injuries from Medtronic Sprint Fidelis Leads
Description: The recall of the Sprint Fidelis Lead by Medtronic caused major concern among the medical community. Many patients with the defective lead attached to their heart defibrillator suffered serious medical complications. This article discusses the Sprint Fidelis Lead recall and the options for patients. Call the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 if you have been injured by the Sprint Fidelis lead.
Shoulder Pain Pumps Can Cause PAGCL
Description: Recent studies have shown that pain pumps can lead to a serious condition known as PAGCL. This article discusses the injuries caused by shoulder pain pumps and the legal rights for victims. Call the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 if you have been injured by a pain pump following shoulder surgery.
Supreme Court Rules Injured Patients Can Go After Drugmakers
Description: A recent ruling by the U.S. Supreme Court will make it easier for injured patients to go after drugmakers. This article discusses the impact this ruling will have on patients who have suffered severe side effects from medications. Call the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 if you or a family member has been injured by a prescription drug.
Raptiva Can Cause Progressive Multifocal Leukoencephalopathy (PML)
Description: A public advisory has been issued regarding the psoriasis drug, Raptiva. This article reveals the problems with Raptiva, including the development of a fatal brain infection. Call the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 if you or a family member has taken Raptiva.
Salmonella Poisoning Linked to Peanut Corp. of America in Florida
Description: A massive recall of peanut related products linked to Peanut Corporation of America has many Americans on edge. There have been hundreds of cases of salmonella poisoning and several deaths. This article discusses this nationwide recall and what is being done. Call the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 if you have been diagnosed with salmonella poisoning linked to the peanut product recall.
Defective Cribs Can Harm Young Children
Description: Over the last couple of years, millions of cribs have been recalled after defects have caused serious injuries among children, even death. This article covers some of the major recalls involving defective cribs. Call the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 if your child has been injured by a defective crib.

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