North Carolina Product Liability Lawyer Blog

Articles Posted in Jury Verdicts

How Did My Testosterone Lawsuit End Up in Illinois Federal Court?

Published on: October 21, 2015 | By Clay Hodges

So you are a man in your early fifties, and around four years ago you were prescribed testosterone to treat what you were told was “Low-T” (or low testosterone–I’ve already written on this subject). Sadly, two years ago you suffered a pretty awful heart attack, and your doctor took you off the testosterone replacement therapy and stated that he believed the testosterone was a significant cause of your heart attack. Four months later you found a good attorney who agreed to review your case, and six months after that your attorney filed suit in federal court in Raleigh, North Carolina. So far so good (well, except for the heart attack). Then two months later you discovered that your case had been “transferred” to federal court in the North District of Illinois in Chicago.

So What Just Happened?

Your case was transferred from your home federal district court to the multidistrict litigation (“MDL”) court that has been designated to consolidate cases like yours in one central court with one primary federal judge as a way to process more efficiently the hundreds of claims against the testosterone manufacturers.

For testosterone lawsuits such as yours, that MDL is “MDL 2545 (In re Testosterone Replacement Therapy Products Liability Litigation).” Judge Matthew F. Kennelly is the presiding federal judge of MDL 2545.

Artificial Hip Lawsuits: What You Need to Know

Published on: October 15, 2015 | By Clay Hodges

I am pleased to present my new ebook, Artificial Hip Lawsuits: What You Need to Know.

For now I am making the book available for free in digital format; simply click the link on the right and download your copy of the book. We can also send you a printed copy if you like–simply reach out to us using the contact box on the right.

Nine years ago I was hired to represent a woman who suffered terrible pain and misery after her artificial hip failed. Since then I have helped many others who have had traumatic experiences following a failed hip replacement surgery. I hope this book may help you.

Seven Things You Should Do If You Were Harmed By Testosterone

Published on: October 13, 2015 | By Clay Hodges

1. If You Develop Harmful Side Effects, Stop Taking Testosterone.

Of course I am no doctor, but this is the safe and correct call. If you suffer a heart attack, you won’t have any choice, as you will most likely be incapacitated; but even with less serious side effects like anxiety or sexual dysfunction, the unwanted condition is a red flag that testosterone may not be right for you. Therefore I suggest you stop taking the drug and schedule an immediate appointment with your doctor.

In fact, I would say that even if you have no symptoms, you should ask your doctor (or a doctor who did not prescribe testosterone in the first place) if you should stop testosterone replacement therapy. As we saw in the last post, in one study men receiving testosterone were almost five times more likely to suffer a heart attack than were men in the study taking a placebo. And beyond heart attacks, other side effects include the growth of breasts on men, skin irritation, and depression (not to mention the strange side effects testosterone can have on your family members and pets).

Testosterone: Link to Heart Attacks, Strokes, Other Awful Side Effects

Published on: October 10, 2015 | By Clay Hodges

Part 2

In the last post we looked at the introduction of testosterone replacement therapy (TRT) on the marketplace and the huge marketing efforts that sold billions of dollars’ worth of the hormone therapy in the last ten years. The pharmaceutical companies targeted men of a certain age (typically forty and older) who may (or may not) have actually suffered from a collection symptoms: fatigue, low energy, weight gain, loss of sexual interest. The “disease” was labelled Low-T, and although doctors say this condition is real, it is not nearly as common as the drug companies would have had us believe. One study from Great Britain found that just 0.1 percent of men in their forties suffered from Low-T combined with sexual symptoms, 0.6% of men in their fifties, 3.2% of men in their sixties, and 5.1% of men in their seventies. Despite these (startlingly) low numbers, the drug companies sold billions of dollars’ worth of testosterone. Then many of these men—and even their family members and pets—began having alarming side effects.

Study Shows Increased Risk of Heart Attacks

Testosterone: The Story of A (Mostly) Unnecessary Drug Therapy

Published on: October 7, 2015 | By Clay Hodges

Part 1

Can you imagine the excitement from the marketing department when the drug company chemists walked in and said: “all right everyone, we have a new product, an easy-to-use roll-on gel that will increase a man’s energy, improve muscle tone, help him lose weight, and reawaken his sexual interest.” I’ve never taken a marketing class in my life, and I could sell that product.

And sell it the drug companies did. Billions of dollars of it. I’m sure most of you recall the commercials about testosterone replacement therapy (TRT) from a few years ago. If not you can still find them on YouTube. The commercials and the advertising campaigns targeted men from early middle age through old age, and made some statement similar to this:

Risperdal, Gynecomastia, and the $2,500,000.00 Jury Award

Published on: October 2, 2015 | By Clay Hodges

This is the story of the lawsuit involving Austin Pledger, an autistic boy who grew large female breasts as a result of taking Johnson & Johnson’s antipsychotic drug Risperdal.

In most product liability cases, injured persons bring claims based on one of three legal theories: (1) a defect in manufacturing the product, (2) a defect in the design of the product, or (3) failure to warn the consumer of the potential for injury. It was for this last legal claim, the “failure to warn,” which attorneys for Austin Pledger and his family brought a legal action against Johnson & Johnson and Janssen Pharmaceuticals.

Austin Pledger and Risperdal

Risperdal and Gynecomastia: the Growth of Female Breasts on Boys

Published on: September 30, 2015 | By Clay Hodges

Unless you do not own a television, you have likely seen the endless parade of commercials for drugs in this country. Apparently there is a medication that can fix any problem you have–hair loss, high cholesterol, even of course the dreaded erectile dysfunction. Drugs make corporations billions of dollars each year. If they didn’t you wouldn’t have to explain to your eight-year old why that couple on TV is lounging in two claw foot bath tubs on a mountaintop.

A major problem with a pharmaceutical industry that generates billions of dollars a year is that many corporations will do just about anything to get into that market and get a share of those drug profits. As a result, too often companies will rush a drug onto the market before it is fully tested, then market the drug aggressively, even for “off-label” uses, simply to increase profit margins. Even an established corporation like Johnson & Johnson is not immune. As reported by Stephen Brill, 91% of Johnson & Johnson profits derive from the sale of expensive medical devices like artificial hips and knees and pharmaceutical drug sales.

Risperdal is a prime example of a drug that generated billions of dollars in sales but also left thousands of people permanently disfigured or otherwise injured.

Depuy ASR Hip Settlement Part B “Extraordinary Injury Fund”

Published on: September 25, 2015 | By Clay Hodges

Part 3

There are two key areas of compensation under the Depuy ASR Hip Settlement Agreement: The Part A Base Award, which we talked about in the last post, and the Part B Award, which awards additional compensation under Depuy’s “Extraordinary Injury Fund” (“EIF”). Let’s get to those “extraordinary injuries.”

Bilateral Implants

Depuy ASR Hip Settlement Agreements: The Part A “Base” Award

Published on: September 21, 2015 | By Clay Hodges

Part 2

In Part 1 we talked about the process for determining if you would be eligible to participate in the Depuy ASR Hip Settlement. I remind you that although the deadlines for participation in the first two Depuy ASR settlements have passed, people are still filing lawsuits against Depuy Orthopaedics and Johnson & Johnson. More settlement agreements will likely be reached in the future, because many people who have been injured by the metal-on-metal Depuy ASR hip have not been compensated for their injuries. When those new settlement agreements are established, they will likely look much like the first two agreements. So it’s helpful to review those settlement terms.

OK, so picking up where we left off in Part 1: Let’s say you are a patient in the United States and that the Depuy ASR artificial hip system was implanted in your body. It failed. You then had a “revision” surgery to remove the failed hip components. Thus, you would be “eligible” to participate in the settlement. You then hired a lawyer who filed suit in federal court in your state, then properly transferred the case to the MDL in Ohio. From that point, your attorney would then submit all documentation relating to the MDL and its “Case Management Orders.” To participate in the settlement, you and your attorney would need to submit all enrollment forms, claim forms, and other required submissions.

Risperdal: The Tragic Consequences of Aggressive Drug Marketing

Published on: September 16, 2015 | By Clay Hodges

I need to pause for a moment in discussing artificial hip litigation and draw your attention to a shocking series of articles on the Johnson & Johnson drug, Risperdal. Steven Brill has written a compelling series titled America’s Most Admired Lawbreaker. Brill makes the argument that Johnson & Johnson pushed the prescription drug Risperdal onto the elderly and children, for all manner of unapproved uses, with devastating results. The series began yesterday on Huffington Post and can be found here.

Risperdal is an anti-psychotic drug that was first approved for use in 1993 to manage the symptoms of schizophrenia. In the years that followed, Johnson & Johnson pressed for FDA approval to treat other conditions, such as bipolar disorder and autism, and to permit use in children. More recently, Risperdal has been prescribed for adults and children to treat attention deficit hyperactivity disorder, anxiety and depression. Treating these conditions using Risperdal is considered “off label” use, which is the use of a drug in a manner unapproved by the FDA. Off-label use could be using the drug to treat a condition which is not authorized by the FDA, or prescribing the drug to an unapproved age group.

Tragically, Risperdal has had horrific side effects in some cases, particularly in children. Among other symptoms, Risperdal can cause the growth of breasts in male children, a condition known as gynecomastia.

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I was involved in a case for the faulty hip replacements. Clay Hodges represented me. I can't say enough about how much he has helped me. Clay was able to win multiple settlements on my behalf with most of them being the maximum amount able to be awarded. Matt J.

Clay, thank you sir for making a disheartening experience at least palatable, you and your staff were honest, caring and understanding through the entire process of my wife’s hip replacements, while monetary settlements never make the pain and suffering end, it sometimes is the only way people can fight back to right a wrong. J. V.

We are absolutely pleased with how Clay Hodges handled my husband’s hip replacement claim. He always kept us informed of the progress. And, his work resulted in a settlement which we are extremely pleased. Thank you, Clay! Carol L. & Norm L.