Class Action Blog

FDA Warns Consumers To Stay Away From Ear Candles

Jerome Noll — Wed, 10 Mar 2010 12:33:34 -0500

The Food and Drug Administration (“FDA”) has warned three large manufacturers to stop marketing ear candles and has posted a consumer warning on its web site. The warning page states that during the past decade, the FDA has received reports of burns, punctured eardrums, and blockage of the ear canal that required outpatient surgery.

An ear candle is a hollow cone about 10 inches long made from a fabric tube soaked in beeswax, paraffin, or a mixture of the two. In ear candling, also called ear coning or thermal auricular therapy, a patient lies on his or her side while a candle is placed in the outer ear and lit. Marketers claim that warmth created by the device produces suction that draws wax and other impurities out of the ear canal. However, tests by Health Canada found that ear candles produce no measurable effect in the ear and have no therapeutic value.

“Some ear candles are offered as products that purify the blood, strengthen the brain, or even 'cure' cancer," says Eric Mann, M.D., Ph.D., clinical deputy director of the FDA's Division of Ophthalmic, Neurological, and Ear, Nose, and Throat Devices. But the FDA warns that ear candles can cause serious injuries, even when used in accordance to manufacturers' directions. "Also," says Mann, "FDA believes that there is no valid scientific evidence for any medical benefit from their use."

The FDA says that ear candling -- the procedure is also called "ear coning" and "thermal auricular therapy" -- exposes the recipient to risks such as:

starting a fire;
burns to the face, ear canal, eardrum, and middle ear;
injury to the ear from dripping wax;
ears plugged by candle wax;
bleeding;
puncture of the eardrum; and
delay in seeking needed medical care for underlying conditions such as sinus and ear infections, hearing loss, cancer, and temporomandibular joint (TMJ) disorders. (TMJ disorders often cause headache and painful sensations in the area of the ear, jaw, and face).

Over the past decade, FDA has received reports of burns, punctured eardrums, and blockage of the ear canal which required outpatient surgery from the use of ear candles. And in a survey published in 1996, the medical journal Laryngoscope reported 13 cases of burns of the ear, seven cases of ear canal blockage due to wax, and one case of a punctured eardrum.

If you or someone you know purchased and used ear candles and have been injured as a result, please contact us to discuss your legal options.

Accutane Users Have Won Verdicts Worth More Than $56 million Alleging That Roche Failed To Warn Of The Drug's Risk

Jerome Noll — Fri, 19 Feb 2010 13:43:11 -0500

A Birmingham-area man won a $25.16 million verdict this month against Switzerland-based Roche Holding AG ("Roche") after claiming its acne medicine led to inflammatory bowel disease. Andrew McCarrell, 38, won the verdict against Roche after a retrial in state court in New Jersey, where a company unit that produced the drug Accutane is based.

McCarrell is a computer technician who has lived in the Birmingham area 13 to 15 years. He testified he got sick after taking Accutane in 1995. He needed five surgeries, including one to remove his colon.

"I never thought it would be like this," McCarrell said. "Never in my wildest dreams."

Six former Accutane users have now won verdicts worth $56 million. All claimed Roche failed to warn of the drug's risks. Roche stopped selling Accutane last year, citing competition from generic formulations and legal costs from defending personal injury suits. Roche faces almost 1,000 other cases.

McCarrell had played small-college football in the Midwest and "was a vibrant healthy guy until he started taking this drug," said his lawyer. "A year after he started taking it, he had his colon removed." McCarrell goes to the bathroom 10 to 20 times a day and "suffers from massive gastrointestinal upset," his lawyer said. "Imagine going though that every day. He and his wife are living day by day."

The lawsuit alleged that Roche had internal documents that said Accutane caused inflammatory bowel disease and did not tell anyone. Indeed, some patients who were prescribed Accutane have allegedly suffered such severe injuries as a result. While Accutane is still on the market, it is the focus of lawsuits nationwide.

If you or someone you know were prescribed Accutane and have suffered serious injuries as a result, please contact us to discuss your legal options.

New York Consumers Can Reap Millions As Medicaid Or Medicare Whistleblowers

Jerome Noll — Wed, 03 Feb 2010 18:19:23 -0500

When a medical provider in New York State -- a hospital, doctor, clinic, pharmacy or medical supply company -- commits fraud against New York State, everyone pays. You, as a taxpayer, end up picking up the state's losses through an increase in your state and local taxes. But individuals who know of fraud being committed against New York State and/or New York City can put a stop to it by becoming whistleblowers.

Under New York State’s (and New York City’s) whistleblower law known as the False Claims Act (“FCA”), a whistleblower can bring a "Qui Tam" lawsuit against companies and individuals that are cheating New York State and/or New York City. A Qui Tam lawsuit is an action filed by an individual on behalf of the state and/or city under the FCA.

In the face of widespread fraud and in an effort to strengthen New York State’s efforts to fight Medicaid fraud, which is driving up spending and taxes at the state and local levels, Senate Republican Leader Dean Skelos announced the creation of the Senate Republican Task Force on Medicaid Fraud. “There is no excuse for tolerating any fraud in a program that is the fastest-growing and largest single component of state and county budgets,” said Senator Skelos. “Medicaid fraud drives up state spending and taxes as well as local property taxes. We must fight fraud aggressively, restore accountability and integrity to the Medicaid program, and ensure that tax dollars are spent wisely to help the people who really need help, not enrich criminals who prey on the system.”

“Medicaid fraud is possibly costing New York State taxpayers billions of dollars. It’s crucial that we act immediately to prevent this type of fraud at the state and local levels,” said Senator Kemp Hannon. “During a time when every single cent counts, we cannot afford to let the possibility of this amount of money fall through the cracks of the system through fraud and abuse.”

Indeed, whistleblowers are rewarded a significant portion of the proceeds collected on behalf of New York State or New York City. In fact, whistleblowers are entitled to collect at a minimum 15% to 30% of the total amount of the fraudulent money recovered, and many whistleblowers have collected millions of dollars.

The widespread problem of Medicaid fraud has been highlighted by several reports issued by the state Comptroller’s office that documented millions of dollars in Medicaid overpayments and billing errors. Chemung County Executive Thomas J. Santulli, President of the New York Association of Counties, said, “Recently, New York City and forty-two New York Counties obtained a victory in federal court against 13 pharmaceutical manufacturers for fraudulent pricing through the Medicaid Program. These types of actions continue to demonstrate the relevance and importance of county governments insuring the integrity of the Medicaid Program in New York.” Moreover, in December, the state Comptroller released the results of an audit that identified as much as $92 million in Medicaid overpayments, billing errors and other problems.

If you are aware of Medicaid and/or Medicare fraud being committed against New York State and/or New York city by a doctor, hospital, clinic, pharmacy and/or medical supply company, you may be entitled to a multi-million dollar award. You can help hardworking New York taxpayers from being cheated -- and earn millions of dollars in the process -- by blowing the whistle on Medicaid and Medicare fraud.

If you know or suspect that Medicaid and/or Medicare fraud is being committed in New York, please contact us to discuss your legal options.

Beware Of Dangerous Cribs And Strollers

Ronald A. Ball — Tue, 26 Jan 2010 12:31:36 -0500

The continuing dangers posed to infants by certain products has been highlighted by the recall announced this month by the U.S. Consumer Product Safety Commission (“CPSC”) of approximately 635,000 cribs manufactured by Dorel Asia SRL of Barbados. The recall was announced after the reported death of a 6 month old child who became entrapped and strangled in a Dorel crib after the drop side hardware broke. The drop side hardware on the cribs can fail causing the drop side to detach from the crib creating a space in which an infant can become entrapped and suffocate or strangle. This, as well as bruising and lacerations, may also occur if one of the slats is damaged.

Moreover, thirty six incidents of slat breakage have been reported. The drop side hardware failure or slat damage may occur while the crib is in use, in storage, being assembled, taken apart or reassembled or during shipping and handling. The Dorel cribs were sold at Kmart, Sears and Wal-Mart stores nationwide from January 2005 through December 2009.

The CPSC also recently announced the recall of about 1.5 million strollers manufactured by Graco Children’s Products, Inc. of Atlanta, Georgia, between October 2004 and February 2008, due to fingertip amputation and laceration hazards. There have been seven reports of children placing their fingers in the stroller's plastic, jointed canopy hinge mechanism while the canopy was being opened or closed, resulting in five fingertip amputations and two fingertip lacerations. The recalled strollers were sold at AAFES, Burlington Coat Factory, Babies “R” Us, Toys “R” Us, Kmart, Fred Meyer, Meijers, Navy Exchange, Sears, Target, Wal-Mart and other retailers nationwide from October 2004 to December 2009.

If any infants or children you know have been injured by these products please contact us to discuss your legal options.

Is Your Employer Violating The Law By Not Paying Gratuities Earned By You?

Jerome Noll — Fri, 22 Jan 2010 16:13:14 -0500

A few months ago we published a blog post about employees who are paid by the hour -- particularly low wage workers -- and who are often cheated by their employers. We pointed out that hourly workers are routinely denied proper overtime pay and are often paid less than minimum wage according to a newly released study based on a survey of workers in New York, Los Angeles and Chicago.

But what about workers who are not being paid their tips, even though their employers are charging customers a mandatory gratuity for various services? Unfortunately, many employees do not realize that they are entitled to receive all, or a significant portion, of gratuities charged by employers to their customers.

Indeed, there are millions of workers in the USA that rely on tips for most of their income, and there are well over two million businesses that rely on tipped employees. According to recent statistics from the U.S. Department of Labor, food and beverage service-related workers held 6.5 million jobs in 2000 alone. The U.S. Department of Labor estimates in a 2001 study that tips and gratuities may account for well over $5 billion per year being left on plates and tip trays and financed on credit cards.

But let's face facts. Relying on customers' tips for your income is tough. The average customer doesn't realize how difficult and hard the average waiter, waitress, hair dresser, concierge, cab driver, maitre de or bartender works for their money. Dealing with and satisfying the general public is one of the most demanding jobs around. Many, if not most, tipped employees have a tough time making ends meet.

So if your employer is withholding gratuities that you’ve earned, you may have a case under The Fair Labor Standards Act ("FLSA"). The Act mandates that gratuities earned by an employee but collected by an employer must be turned over to the hard working employee whom earned it. If your employer is not doing so, you may have a basis to file a class action suit to recoup the tips earned by you and all other workers at your work site. Employers who do not manage and properly account for the gratuities earned by their employees and who do not properly pay their employees tips that they have collected on behalf of their workers may in fact be violating the law.

If you believe that your employer is withholding gratuities that you’ve earned, please contact us to discuss your legal options.

Public Citizen Warns Of The Dangers Of Savella

Jerome Noll — Thu, 21 Jan 2010 14:04:30 -0500

A few months ago, we published blog posts on the dangers of Yaz birth control pills. We also pointed out that Public Citizen, a consumer rights group based in Washington, D.C., had petitioned the Food and Drug Administration (“FDA”) to remove the medication from sale. According to another recent petition the consumer group sent the FDA, Public Citizen has requested that Savella, manufactured and sold by Cypress Bioscience, Inc. and Forest Laboratories, Inc. and used to treat fibromyalgia, be removed from the market immediately because its dangers outweigh its benefits.

Public Citizen alleges that Savella has highly questionable clinical efficacy and has been found, in randomized controlled trials, to cause a large number of potentially serious adverse reactions including hypertension, increased heart rate, and increased suicidal ideation.

In its petition, Public Citizen notes the European Medicine Agency, as of July 23, 2009, turned down the application for Savella for the treatment of fibromyalgia, citing both the lack of efficacy and data on long-term effects. After the drug's sponsors challenged that decision, the European Medicine Agency reconfirmed its original decision. Public Citizen’s petition states that the “FDA should never have approved Savella for fibromyalgia, and should now immediately undo its error by removing it from the market before large numbers of people in this country suffer serious harm from this marginally effective drug.”

If you were injured as a result of taking Savella, please contact us to discuss your legal options.

Parkers Farm Recalls Products Contaminated With Listeria

Jerome Noll — Wed, 20 Jan 2010 17:40:45 -0500

Parkers Farm of Coon Rapids, Minnesota is recalling products because they have the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infection in young children, frail or elderly people, and others with weakened immune systems. Healthy individuals may suffer short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, but Listeria infection can also cause severe injuries like miscarriages and stillbirths among pregnant women.

The recalled products were distributed nationwide in the following retail stores: Hy-Vee, CUB, Rainbow, Byerlys Lunds, Target, Whole Foods, Jewel, Dominicks, Marsh, Price Chopper, Shop Rite, Nash Finch, Sam’s Club, Costco, Safeway.

The following recalled products were sold under the Parkers Farm or Parkers label: (a) 16 ounce peanut butter in square plastic containers (tub with snap on lid), varieties are creamy, crunchy, honey creamy and honey crunchy with sell by dates between 11/14/2010 and 12/31/2010; (b) 34 ounce peanut butter in round plastic containers (tub with snap on lid), varieties are creamy and crunchy with sell by dates between 8/11/2010 and 9/30/2010; (c) 7 ounce bagel spreads in white plastic containers (tub with snap on lid), varieties are garden veggie, wild berry, strawberry, apple cinnamon and honey walnut) with sell by dates between 5/13/2010 and 6/30/2010; (d) 14 ounce dips & spreads in square plastic containers (tub with snap on lid), varieties are jalapeño nacho, pimento and salsa con queso with sell by dates between 8/11/2010 and 9/30/2010; (e) 8 ounce, 12 ounce and 16 ounce cold pack cheese in round or square plastic containers (tub with snap on lid), varieties are sharp cheddar, bacon, onion, smoked cheddar, swiss almond, horseradish, garlic, port wine, and swiss & cheddar with sell by dates between 11/14/2010 and 12/31/2010; and (f) 16 ounce salsa in square plastic containers (tub with snap on lid), varieties are hot, mild, garlic, black bean and fire roasted with sell by dates between 3/14/2010 and 4/30/2010.

Other labels affected by this recall: (a) 16 ounce Happy Farms Cold Pack Cheese in round plastic containers (tub with snap on lid), varieties are sharp cheddar, port wine and swiss almond with sell by dates between 11/24/2010 and 12/10/2010; (b) 8 ounce Kroger Cold Pack Cheese in round plastic containers (tub with snap on lid), varieties are sharp cheddar, port wine and swiss almond with sell by dates between 11/18/2010 thru 12/15/2010; (c) 8 ounce Central Markets Cold Pack Cheese in round plastic containers (tub with snap on lid), varieties are sharp cheddar, port win and swiss almond, horseradish with sell by dates of 12/9/2010; (d) 14 oz. Central Markets Salsa Con Queso in round plastic containers (tub with snap on lid) with sell by dates of 8/16/2010; (e) 16 oz. Central Markets Salsa in round plastic containers (tub with snap on lid), varieties are sharp cheddar, port wine, swiss almond, horseradish with sell by dates of 3/17/2010 thru 3/24/2010; and (f) 8 oz. Dutch Farms Cold Pack Cheese in round plastic containers (tub with snap on lid), varieties are sharp cheddar, port wine, swiss almond, horseradish, and swiss & cheddar with sell by dates of 11/16/2010 thru 11/18/2010.

If you purchased any of the above Parkers Farm products and have suffered injuries, please contact us to discuss your legal options.

Are You Driving On "New" Tires That Can Kill You?

Jerome Noll — Fri, 08 Jan 2010 14:55:10 -0500

Would it surprise you that purchasing “new” tires for your car or truck from major retailers, like Sears and Wal-Mart, may place you and your family in danger? It shouldn’t, because even if a tire looks new and has good tread depth it may in fact have been manufactured many years prior to your purchase. And tires that are more than 6 years old, even if never driven one mile, are much more susceptible to suddenly coming apart on the road. There are thousands of consumer complaints online, and hundreds of lawsuits filed across the country, regarding “new” tires which were, in fact, manufactured many years ago resulting in the tires literally falling apart and causing catastrophic damage both to the vehicle and its passengers.

A tire’s biggest foes are heat and oxygen. Over time, heat and oxygen break down a tire’s internal adhesive bond between the various layers of the tire’s internal laminate structure. This phenomenon is known as thermo-oxidative degradation. Thus, tires older than 6 years have been exposed to prolonged heat and oxygen, causing the tire to become a safety risk. Indeed, the safety research firm, Safety Research & Strategies, Inc. ("SRS"), has linked 50 serious accidents and 37 fatalities to older tires. Sean Kane, who runs SRS, asserts that, "The factor that linked them all together is the tires were all six years old or older and, in most cases, were unused or barely used, and had more than ample tread depth on them, and no visible appearance of any problem." From the outside, tires may look perfectly fine, but Kane says as tires age, they start to break down on the inside, and that can cause them to suddenly come apart on the road. "The tread will peel off like a banana, and that's what can cause a crash," he observes. Kane wants tire companies to stamp an expiration date on their tires so consumers know to get rid of them after six years.

In any event, there is a way to determine the age of many tires. A code printed on the side of all tires, called the DOT number, has three or four numbers. If those numbers are, for example, 0, 3 and 6, it would mean the tire was made in the third week of either 1986 or 1996. For tires made in 2000 and beyond, consumers should look at the last four numbers. If they are 0, 3, 0, 1 it would mean the tire was made in the third week of 2001.

If you, one of your family members, or friends have been injured by a tread separation on a tire, please contact us to discuss your legal options.

Johnson & Johnson Recalls Six Million Bottles Of Tylenol Arthritis Pain Caplets

Jerome Noll — Wed, 06 Jan 2010 10:58:55 -0500

Johnson & Johnson's subsidiary McNeil Consumer Healthcare (“McNeil”) recalled six million bottles of Tylenol Arthritis Pain Caplet 100 count bottles with the distinctive red EZ-Open Cap in early December, which follows a November recall of five lots of the drug. But the Food and Drug Administration ("FDA") waited an additional ten days -- until December 28^th -- before it issued its more widely seen and publicly accessible medical alert for the contaminated pills. Thus, many consumers may not have been aware that they had purchased and ingested contaminated Tylenol caplets.

The all-out recall encompasses arthritis pain reliever produced over the past three years, stemming from contamination likely caused by the breakdown of a chemical treatment used on wooden pallets. The chemical contaminant 2,4,6-tribromoanisole is believed to have seeped into empty medication bottles. The contamination resulted in a musty odor and consumers who have taken the contaminated pills have allegedly suffered from cases of nausea, vomiting and diarrhea. According to the FDA, consumers who purchased Tylenol Arthritis Pain Caplets from the lots included in this recall should stop using the product.

If you purchased Tylenol Arthritis Pain Caplets and have suffered nausea, vomiting, diarrhea and/or any other injuries, please contact us to discuss your legal options.

Prempro Alleged To Cause Breast Cancer

Jerome Noll — Mon, 04 Jan 2010 16:50:39 -0500

46 Indiana women are planning to sue the pharmaceutical company Wyeth (“Wyeth”) alleging that it sold its Prempro menopause medication without first warning the public that the medication can cause breast cancer. The Indiana women who plan to sue the drugmaker said they have a document that shows Wyeth officials were aware of the risks of Prempro and chose not to disclose it. They also claim Wyeth oversold the benefits of the drug, promoting it as helping bones and the heart as well as menopause symptoms.

In 2003, Wyeth disclosed that Prempro could cause breast cancer, but the admission came too late for many women who had been taking the drug between 1999 and 2003. Indeed, some women who were prescribed Prempro have allegedly developed breast cancer as a result. While Prempro is still on the market, it is the focus of lawsuits nationwide resulting in jury verdicts totaling more than $103 million. In fact, Pfizer -- the pharmaceutical company that now owns Wyeth -- has lost six of nine jury verdicts over its menopause drugs since the cases began going to trial in 2006. Jurors have ruled against the company in the last four verdicts in a row.

If you or someone you know were prescribed Prempro and have developed breast cancer, please contact us to discuss your legal options.

Class Action Lawsuits Filed Against SnapNames.Com

Jerome Noll — Tue, 29 Dec 2009 14:08:34 -0500

Class action lawsuits against domain name auction site SnapNames.com have been filed over the past few weeks after the company announced that a former employee was bidding against potential customers in domain name auctions. SnapNames -- which resells expired domain names and runs hundreds of auctions a day -- calls itself the largest resale marketplace for domain names. The class actions filed against it include persons and/or businesses that participated in SnapNames.com's online auctions. The lawsuits allege that a former vice president at SnapNames.com secretly bid on tens of thousands of domain name auctions over the past four years, leading to falsely inflated prices.

SnapNames.com, a subsidiary of Oversee.net, sent out notices last month that it had discovered an employee bidding on domain name auctions, and it is alleged that the employee participated in over 50,000 auctions. In its notice, SnapNames said the shill bidding affected about 5 percent of all its auctions since 2005, with most of the activity happening between 2005 and 2007. Some auctions in 2008 and 2009 were also affected, it said. The former employee won the auction in less than 1 percent of the cases, but was allegedly able to drive up the purchase price of the domain names by millions of dollars. Indeed, as a result of the internal employee bidding, the class action lawsuits allege the prices to purchase domain names were falsely inflated, leading to higher costs to buyers and greater profits for SnapNames.

If you or someone you know participated in an auction on SnapNames.com, please contact us immediately to discuss your legal options.

Drugs Used In Preparation For A Colonoscopy Alleged To Cause Kidney Damage

Jerome Noll — Thu, 24 Dec 2009 14:02:53 -0500

A lawsuit has been filed against pharmaceutical company Salix Pharmaceuticals Inc. (“Salix”) alleging that its OsmoPrep medication, used to cleanse the intestines in preparation for a colonoscopy, causes kidney damage. The lawsuit filed on behalf of four individuals alleges that the plaintiffs sustained a variety of serious kidney injuries, including acute phosphate nephropathy, and that some of the injuries resulted in the need for dialysis.

In December, 2008, the Food and Drug Administration (“FDA”) placed a “black box” warning – the most severe warning possible – on OsmoPrep and on another Salix bowel cleanser, Visicol. The FDA stated that OsmoPrep and Visicol carry the risk of kidney damage and directed Salix to develop a risk evaluation and mitigation strategy (REMS), distribute a Medication Guide to alert patients to the risk of acute kidney injury associated with the use of these products, and to conduct a post-marketing clinical trial to further assess the risk of acute kidney injury. The lawsuit alleges, however, that Salix was aware of the two drugs’ dangers before the FDA ordered the “black box” warning.

If you or someone you know were given OsmoPrep and/or Visicol and have suffered kidney damage, please contact us to discuss your legal options.

Are Consumers Paying More To Send Mail At U.P.S. Stores?

Jerome Noll — Mon, 21 Dec 2009 14:48:45 -0500

As the Christmas holiday approaches many consumers are avoiding long lines at their U.S. post offices by mailing their holiday cards and gifts at their local United Parcel Service (“UPS”) store. At your local UPS store, consumers can send their mail by U.S. mail as well as through UPS. But according to a New York Times article, UPS clerks do not always tell customers that they may be paying a hidden surcharge when they send mail by U.S. mail.

The New York Times sent reporters posing as customers to several UPS stores. These “customers” wanted to mail items by U.S. Postal Priority Mail. In nearly every instance, they were quoted prices well above the U.S. postal rate and, most importantly, only one reporter was actually told that the he or she was paying a premium for using a UPS store.

For example, one UPS store said it would cost $21 to send an 8 lb. package by U.S. Priority Mail. As such, the UPS clerk suggested using UPS Ground instead for $19.90. In fact, the same package shipped from a U.S. post office costs $8.80, and would arrive at the same time as the more expensive UPS Ground shipment. And the only notice that The New York Times’ reporters found at the UPS stores was a notation on the receipt – which a customer receives after the purchase – that reads, “U.S. Postal Rates Are Subject to Surcharge.” There is, however, no notice of the amount of the surcharge or how it is computed.

“I think there’s a natural assumption on the part of the consumer that if you’re sending something through the U.S. Postal Service, even when it’s from another store, you’re not paying more, and if you are paying more, it’s just a pittance,” said Tod Marks, a senior editor at Consumer Reports. Moreover, consumers should be given notice prior to paying that they are being charged a surcharge.

If you shipped mail from a UPS store by opting to use and pay for U.S. Postal service, and were charged a surcharge as a result, please contact us to discuss your legal options.

Does Fosamax Cause Jaw Damage?

Jerome Noll — Mon, 14 Dec 2009 15:28:34 -0500

At least 900 lawsuits have been filed against pharmaceutical giant Merck & Co. (“Merck”) alleging that its Fosamax medication used to treat osteoporosis causes jaw damage. Fosamax belongs to the bisphosphonate family of osteoporosis drugs that also include the branded drugs Actonel and Boniva. Merck claims that Fosamax prevents bone fractures, particularly in post-menopausal women, by helping to increase bone density.

Consumers, however, allege that the drug can cause jaw damage after less than three years of use. Indeed, plaintiffs in the hundreds of lawsuits filed against Merck allege that Fosamax users have suffered osteonecrosis of the jaw, or “dead jaw,” a disease resulting from the temporary or permanent loss of blood supply to the bones. Without blood, the bone tissue dies, and ultimately the jaw bone may collapse. Fosamax users allegedly run the risk of developing a serious case of osteonecrosis of the jaw and suffering through the extreme pain associated with the death of jawbone tissue.

In a court decision released last week, United States District Court Judge John Keenan refused to dismiss 24 cases alleging that Fosamax caused jaw damage. The court ruled that the plaintiffs could introduce expert medical testimony to show that Fosamax can cause jaw damage, and that the evidence submitted by plaintiffs is sufficiently reliable to allow a jury to establish such a connection. As such, these cases were allowed to proceed and the plaintiffs now have an opportunity to convince a jury that Fosamax allegedly causes jaw damage.

If you have been prescribed Fosamax and have experienced osteonecrosis of the jaw (“dead jaw”), please contact us to discuss your legal options.

Are Refundable Airline Tickets Fully Refundable?

Jerome Noll — Fri, 04 Dec 2009 12:14:02 -0500

Would it surprise you that purchasing “refundable” airline tickets from some major airlines and/or Internet travel sites are not actually fully refundable? It shouldn’t, because they aren’t. There are hundreds, if not thousands, of consumer complaints online regarding “refundable” airline tickets that are, in fact, not fully refundable.

For example, Continental Airlines allegedly sells “fully refundable” tickets at a premium price to consumers. But if and when that consumer purchaser decides to cancel the airline ticket and get a refund of his or her “fully refundable” ticket, he or she is allegedly charged a $400 fee. Other major airlines also sell “refundable” tickets that include a cancellation fee amounting to hundreds of dollars, sometimes equaling the amount of the ticket purchased.

Moreover, Internet travel sites, like Priceline.com and others, also allegedly sell “refundable” tickets that are not truly refundable. One consumer complained that he purchased a “refundable” ticket from Priceline, attempted to cancel his ticket and was charged a “cancellation fee.”

Consumers purchasing airline tickets sold to them at a premium price as “fully refundable” or “refundable” should be able to cancel their tickets and receive the full price paid for that ticket. Unfortunately, the practice of charging a “cancellation fee” for a ticket that is sold as “fully refundable” is a common practice in the airline industry and on Internet travel sites. These tickets are sold with little or no disclosure informing purchasers that should they decide to cancel their “refundable” tickets, or change travel plans, they will be charged a substantial “cancellation fee.”

If you purchased “fully refundable” or “refundable” airline tickets and were charged a “cancellation fee,” please contact us to discuss your legal options.

Accuracy Of Home Glucose Monitors In Doubt

Jerome Noll — Thu, 03 Dec 2009 15:27:52 -0500

U.S. health regulators are considering tougher standards for home glucose monitors. Home glucose monitors are used by diabetics, as well as people with hypoglycemia to keep tabs on the level of glucose in the blood. According to a report in The New York Times, the use of home glucose meters is on the rise, even in hospitals. Current international standards for the devices allow them to be inaccurate by as much as 20 percent, the Times said. This can lead to serious health problems, including seizure and coma.

A government study comparing tests from five different popular home glucose monitors found results varied by as much as 32 percent. What’s more, the accuracy of the devices can be affected if people are taking drugs like Tylenol, the Times said.

In a May letter to the FDA, the American Association of Clinical Endocrinologists wrote that home glucose monitor technology is not up to par. One concern is that hospitals are switching to home meters in an effort to cut cost, and a former president of the group told The New York Times that no one knows how many hospital deaths may be related to the accuracy of home glucose meters, but said such deaths probably are not rare.

“Because of the highly variable quality of the meters and the glucose testing strips in widespread use, the safety of our patients who depend upon those meters is threatened,” the Associations’ letter said. In response, the FDA acknowledged that it receives reports of several deaths and thousands of device-related failures associated with home glucose monitors every year. The agency said it had contacted the International Standards Organization, which sets the parameters for home glucose monitors, asking that the accuracy standards for the devices be revised.

If you suffered a serious injury because of a defective home glucose monitor, or know someone who has died as a result of a defective glucose monitor, please contact us to discuss your legal options.

Back-Dating Options And 401k Plans: Do Employees Have A Right To Sue?

David Meiselman & Jerome Noll — Mon, 23 Nov 2009 10:40:29 -0500

If you’re an employee with a 401k plan that has in it shares in the company you work for, and the executives of your company back-date their stock options -- thereby decreasing the value of your company’s shares and the value of your 401k plan -- do you have a right to sue for violations of the Employee Retirement Income Security Act (“ERISA”)? Apparently you do, and many employees in this identical situation have done so.

Backdating takes place when executives change the award date of previously granted stock options in shares of their own company so that their securities are worth more -- sometimes tens of millions of dollars more. For example, Monster Worldwide has at last put an end to a prolonged stock-option-backdating scandal that cost the company tens of millions of dollars and resulted in the criminal convictions of two former senior officials. The New York based company agreed to pay $4.3 million to a group of employees who held Monster stock in their 401(k) plans. These employees sued alleging violations of ERISA and contending they had bought shares in their 401k plans while their bosses -- Monster Worldwide executives -- made false disclosures about Monster's financial condition and illegally lined their pockets with back-dated stock option grants.

This boardroom version of creative writing took place at dozens of companies, including at Grand Theft Auto publisher Take-Two Interactive Software, Comverse Technology and Cablevision Systems, as well as many other companies based in Silicon Valley.

The practice seems to have been especially pervasive at Monster, where backdating options apparently went on for nearly a decade before being uncovered in 2006. The Securities and Exchange Commission (“SEC”) filed civil fraud charges against the company's former chief executive, president, general counsel and controller. In fact, Monster's former president, James Treacy, was convicted on criminal fraud charges and was sentenced to two years in prison. And Monster's former general counsel, Myron Olesnykckyj, pleaded guilty to criminal fraud charges in 2007 and is scheduled to be sentenced in February, 2010.

If you are an employee with a 401k plan that has in it shares of your own company, and know or believe that executives in your company have back-dated their stock options, please contact us to discuss your legal options.

Consumers Can Reap Millions From Whistleblower Lawsuits

Jerome Noll — Mon, 23 Nov 2009 10:05:15 -0500

When an individual, company, county or city commits fraud against the United States government, everyone pays. You, as a taxpayer, end up picking up the government's losses through an increase in your taxes. But individuals who know of fraud being committed against the government can put a stop to it by becoming whistleblowers.

Under the federal whistleblower law known as the False Claims Act (“FCA”), a whistleblower can bring a "Qui Tam" lawsuit against companies and individuals that are cheating the government. A Qui Tam lawsuit is an action filed by an individual on behalf of the federal government under the FCA. In the face of widespread fraud, Congress passed the FCA hoping that it would decrease fraud that results in the loss of hundreds of millions if not billions of dollars in public funds. The FCA prohibits presenting any false claim for reimbursement to the United States government, either intentionally or unintentionally, and eliminates the so called hear-no-evil see-no-evil defense. Examples of whistleblower lawsuits include Medicare and Medicaid fraud, defense contractor fraud, customs fraud, bid-rigging on government projects, environmental fraud and research fraud.

As an example of an individual filing a claim under the FCA, a speech therapist in New York, Hedy M. Cirrincione, filed a whistleblower lawsuit against Jefferson County, New York, claiming that the County had improperly collected Medicaid reimbursements. As a result of Ms. Cirrincione’s whistleblower suit, the case settled for a record-breaking $540 million, with Ms. Cirrincione collecting $10 million. The settlement set a record for a recovery for the Medicaid program, and is the seventh largest whistleblower suit in history.

In another example, the pharmaceutical company Amgen has been accused by a whistleblower of engaging in illegal kickbacks to promote sales of its anemia drug Aranesp. Kassie Westmoreland, a former Amgen sales representative, filed a whistleblower suit alleging that Amgen provided free samples of Aranesp to doctors and clinics. The free samples had small extra amounts of the drug, or overfill, in each vial. The medical practices could then make a profit by billing insurers, including state Medicaid programs, for the extra drug. The lawsuit asserts that New York’s Medicaid program was defrauded of at least $1.8 million.

In yet another example, South Texas Health Systems agreed to pay $27.5 million to settle a whistleblower suit claiming that it paid kickbacks to doctors who referred patients to its hospitals. The whistleblower suit was filed by a former employee of South Texas Health Systems, Bruce Moilan, who alleged the kickbacks were disguised through sham contracts. Mr. Moilan received $5.5 million in the settlement, and the rest of the money went to state and federal taxpayers, including $2.3 million to reimburse the Texas Medicaid program.

There are even whistleblower suits that are unconventional. For example, a sharp-eyed attorney in Washington, D.C. did some investigating after spotting patent markings on the lid to his daily cup of coffee and discovered that the patent had actually expired some 20 years before. Now the lawyer is seeking millions of dollars in damages in a Qui Tam suit against the lid maker, Solo Cup. This same attorney has also filed a similar suit against razor company Gillette. The U.S. Justice Department is also supporting a Qui Tam action in a separate case filed over Brooks Brothers' expired patent claim on its "original Adjustolox" bow tie. As such, consumers should take a look at items they use regularly, and see if the item has a patent number stamped upon it. It may be that the patent has expired, in which case a whistleblower action can be filed against the manufacturer.

If you are aware of fraud being committed against the government, you may be entitled to a multi-million dollar award. You can help hardworking taxpayers from being cheated -- and earn millions of dollars in the process -- by blowing the whistle on fraud.

If you know or suspect that a business, corporation, municipality, city and/or state are defrauding the U.S. government, please contact us to aid you in an investigation and to discuss your legal options.

The Growing Controversy Involving Cylapril, The "New Age Solution For Weight Loss" And Adrenal Fatigue

John B. Dawson — Wed, 18 Nov 2009 17:53:26 -0500

Recent investigations conducted under the auspices of the National Advertising Review Council and the Consumer Affairs Division of the Public Safety Department in Palm Beach County, Florida have raised substantial concerns regarding Cylapril, a popular weight-loss pill billed as “the new age solution for weight loss.” In particular, these investigations call into question Cylapril’s ability to induce weight loss and raise questions relating to the marketing and billing practices of The Adrenal Fatigue Institute, Inc. (“AFI”), the producer of this trendy supplement.

AFI advertises Cylapril as an “Adrenal Weight Loss System,” and claims that by taking just three tablets a day, Cylapril will “increase weight loss.” In June, 2009, the Electronic Retailing Self-Regulatory Program (“ERSP”), a regulatory body affiliated with the National Advertising Review Council and Council of Better Business Bureaus, conducted an investigation into AFI’s claim that Cylapril induces weight loss. ERSP concluded that the evidence submitted by AFI “was insufficient to support the claim that ‘Cylapril induces weight loss,’” and recommended that AFI “discontinue claims that use of Cylapril will result in meaningful weight loss for consumers” in its advertising. AFI, however, has refused to adopt this recommendation.

AFI also claims that Cylapril eradicates “adrenal fatigue,” a purported medical condition involving the adrenal glands that allegedly can be caused by lifestyle-related issues. Adrenal glands are tiny glands located near the kidneys that secrete hormones such as adrenaline (epinephrine) that help control heart rate, blood pressure and sweating. AFI asserts that “adrenal fatigue occurs when the adrenal glands become overworked due to the cumulative effects of stress factors.” However, according to doctors from the renowned Mayo Clinic with expertise in matters involving the adrenal glands, adrenal fatigue “isn’t an accepted medical diagnosis . . . [and some] remedies for so-called ‘adrenal fatigue’ may leave you feeling sicker, while the real cause – such as depression or fibromyalgia – continues to take its toll.” Notably, although AFI informed ESRP that it would voluntarily discontinue its claim that Cylapril is “The ONLY product of it’s [sic] kind to combat Adrenal Fatigue Burnout,” this representation still prominently appears on Cylapril’s website.

On November 18, 2009, the Palm Beach County Public Safety Department, Consumer Affairs Division (“Division”) published a report concerning 18 cases of consumer disputes brought against AFI, including 12 cases brought in the last 4 months. (This report may be viewed by clicking here and then searching on the company “The Adrenal Fatigue Institute, Inc.”) In its report, the Division noted most of these complaints were brought by consumers for alleged unauthorized charges or debits to account, alleged failures to provide refunds, or other alleged billing disputes. The Division’s report noted that while 11 cases against AFI went to a mediation that resulted in an adjustment, refund, or repair, 6 cases against AFI still remain open. Furthermore, websites such as consumeraffairs.com and ripoffreport.com contain posts from literally scores of alleged Cylapril customers around the country, also complaining about unauthorized charges and problems obtaining refunds.

If you or someone you know is a purchaser of Cylapril and have concerns regarding this product, or if you have a dispute in connection with charges for this product, please contact us to discuss your legal options.

Whistleblower Suit Filed Against Amgen

Jerome Noll — Mon, 02 Nov 2009 15:33:33 -0500

Recently, we published two blog posts regarding lawsuits brought under the federal False Claims Act ("FCA"). In those posts, we explained how a consumer may file a Qui Tam action -- Latin for a lawsuit filed by an individual on behalf of the government pursuant to the federal False Claims Act -- against a company for engaging in fraud. We also pointed out that such a lawsuit allows the filer to keep up to half of any damages recovered on behalf of the government.

In another example of a consumer filing a claim under the FCA, the biotechnology pharmaceutical company Amgen has been accused of engaging in illegal kickbacks to promote sales of its anemia drug Aranesp. Kassie Westmoreland, a former Amgen sales representative, filed a whistleblower suit alleging that Amgen provided free samples of Aranesp to doctors and clinics. The free samples had small extra amounts of the drug in each vial. The medical practices could then make a profit by billing insurers, including state Medicaid programs, for the extra drug.

Regulations require that syringes and vials contain a tiny extra amount of drug. This is meant to ensure that patients get a full dose. The whistleblower suits allege that Amgen took advantage of this by increasing the amount of “overfill” in Aranesp vials beyond what was strictly necessary. It then told medical providers that they could make more money if they used Aranesp because they could bill insurers -- or Medicaid -- for that extra amount whether they gave it all to a single patient or saved the extra portions to give to other patients. For example, the states' lawsuit asserts that New York’s Medicaid program paid at least $1.8 million in reimbursements for the overfill from April, 2004 through July, 2009.

“In an egregious violation of the law, Amgen allegedly bribed medical providers and left taxpayers footing the bill for free drug samples,” said Andrew Cuomo, the attorney general of New York, whose office led the states’ investigation.

If you think, or have proof, that state Medicaid programs and/or the U.S. government are being defrauded, please contact us to discuss your potential whistleblower case.