Medical products and pharmaceuticals may cause devastating side effects even when properly administered.  Lilly O'Toole & Brown LLP, has experience in handling cases involving Mass Torts.

Mass Torts

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.


Lilly, O'Toole & Brown, LLP
Lakeland Office: (863) 683-1111
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Also providing legal assistance to clients from:
Wauchula, Lake Placid, Avon Park, Plant City, Brandon, and Valrico, Florida.

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Blog for Defective Medical Devices


Library for Defective Medical Devices:

  • Johnson & Johnson Cordis Balloon Catheter Put Patients at Risk   
    Description: Johnson & Johnson Cordis balloon catheters were recalled after it was discovered that a major defect existed, which could lead to serious injury or death. Read this article to learn more about the defective catheter and contact an experienced Orlando injury lawyer at the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 533-5525 if you have been injured from a defective medical device.
  • Fentanyl Pain Patch Overdose Symptoms   
    Description: The fentanyl pain patch has been linked to overdose, which can cause life threatening side effects and death. This article discusses the problems that have been associated with this pain patch and the signs of fentanyl overdose. If you or a loved one has suffered after using the fentanyl pain patch, contact an experienced Florida fentanyl pain patch lawyer at the Law Offices of Lilly, O’Toole & Brown at (863) 533-5525.
  • Alli and Xenical May Cause Liver Damage   
    Description: The FDA was reviewing reports of liver damage that may have been caused by orlistat, which can be found in Xenical and Alli. Read this article to find out more about the possible dangers of these medications and contact the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 if you believe you have been injured from Xenical or Alli.
  • Why Avandia May Increase Your Risk of Heart Attack & Death   
    Description: A review published in the New England Journal of Medicine found that people taking Avandia were at an increased risk of suffering heart attacks. For more information about Avandia risks, read this eye-opening article and contact a Tampa injury lawyer at the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 today.
  • Accutane May Cause Inflammatory Bowel Disease   
    Description: Accutane is considered to be an effective drug to treat acne. However, it has many serious side effects, including inflammatory bowel disease. This article discusses this medical condition and the link to Accutane. If you have been injured by taking this medication, contact the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 for legal advice.
  • Yaz and Yasmin Birth Control Can Cause Heart Attacks and Other Problems   
    Description: Yaz and Yasmin birth control are believed to cause serious health problems among women. This article reveals the startling side effects of Yaz, Yasmin and Ocella. If you have been injured from taking one of these birth control products, contact an experienced Orlando injury lawyer at the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111.
  • ADHD Drugs Can Lead to Heart Problems   
    Description: ADHD drugs have been associated with numerous deaths over the years. This article discusses the hidden dangers of these medications. If your child has been injured by an ADHD medication, you should contact a Lakeland personal injury lawyer at the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 for information regarding your child’s legal rights.
  • Powerful Antacids May Cause Hip Fractures   
    Description: A study by the University of Pennsylvania discovered a link between taking strong antacids and the risk of hip fractures. Contact a Florida mass tort lawyer at the Law Offices of Lilly, O’Toole & Brown at (863) 683-1111 if you have suffered a hip fracture and are currently taking a medication such as Prilosec, Prevacid or other powerful antacid.
  • Zinc Poisoning from Denture Cream Can Cause Neurological Problems   
    Description: Denture creams, such as Poligrip and Fixodent, can cause zinc poisoning. Excessive zinc can lead to serious neurological problems, including neuropathy. This article exposes the risks of denture cream and the rights of injured victims. Contact a Florida injury lawyer at the Law Offices of Lilly, O’Toole & Brown today at (863) 683-1111 for a legal consultation.
  • Kugel Mesh Hernia Patch Causes Serious Injuries   
    Description: The Bard Composix Kugel Mesh Patch has been known to cause serious, life-threatening injuries among patients. This article discusses the problems associated with this defective medical device and the rights of injured victims. If you have been injured from the Kugel Mesh Patch, contact a Florida mass tort attorney at the Law Offices of Lilly, O’Toole & Brown at (863) 683-1111 for a legal consultation.
  • Mentor OB Tape Vaginal Slings Cause Serious Health Problems   
    Description: Mentor OB Tape vaginal slings have been known to cause serious injuries. If you have used this product, you need to read this insightful article and contact a Florida mass tort lawyer at the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 for legal advice.
  • Digitek Recalled After Danger Detected   
    Description: Digitek was recalled after it was discovered that the medication may have been released with double the dosage. This article discusses the recall and the legal rights of injured victims. Contact a Florida product liability lawyer at the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111.
  • 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.
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