Papa John’s will pay $16.5M for sending spam texts

Papa John’s International Inc. has agreed to pay $16.5 million to resolve a nationwide class action alleging it advertised pizzas through unwanted text messages. A class of consumers, led by named plaintiffs Maria Agne, Erin Chutich and Jerrod Chutich, urged a federal judge to grant preliminary approval of the settlement. The lawsuit was brought under [...]

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Court sanctions knee replacement maker Smith & Nephew

A federal judge has fined knee replacement manufacturer Smith & Nephew. In one of the many knee replacement lawsuits pending against Smith & Nephew, the company angered the court when it failed to send a representative to mediation with authority settle a knee implant lawsuit. The court imposed  $4,525 in sanctions. Smith & Nephew knee recalls [...]

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GranuFlo and NaturaLyte cases progress

The U.S. Judicial Panel on Multi-District Litigation (MDL) reports that there are 161 actions pending in the GranuFlo/NaturaLyte MDL (MDL 2428, U.S. District Court for the District of Massachusetts). All the lawsuits in the MDL involve similar allegations that plaintiffs suffered injury or death caused by the use of GranuFlo and/or NaturaLyte during hemodialysis. These [...]

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DePuy to stop making metal-on-metal hip products

DePuy Orthopeadics, a unit of Johnson & Johnson, recently announced that it is phasing out production of metal-on-metal hip replacements. This announcement is not surprising given the high early failure rates in these devices and the numerous lawsuits the company is now facing. In 2010, DePuy recalled an all-metal hip model known as the Articular [...]

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Yasmin and Yaz lawsuit update

Over 12,000 Yaz and Yasmin lawsuits are pending in the U.S. The lawsuits allege that the manufacturer of the drugs, Bayer, failed to adequately warn patients and physicians of the increased risk of serious side effects, which include: Blood Clots Gallbladder Disease Stroke Cerebrovascular Accidents Heart Attack Myocardial Infarction Death Most of the Yaz and Yasmin [...]

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Byetta lawsuit filed

A woman has sued Amylin Pharmaceuticals and Eli Lilly in California federal court, alleging that they failed to warn doctors and the public that the type 2 diabetes drug Byetta can cause thyroid cancer. The May 9 complaint accuses the drug makers of intentionally hiding the knowledge of increased risk of thyroid cancer in Byetta [...]

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Court approves $10 million for spam text message lawsuit

The consumer protection attorneys at Upton Law Firm report that a federal court in California recently approved a settlement worth up to $10 million to resolve a spam text message class action. The lawsuit alleged that shoe retailer Steve Madden sent unwanted text message advertisements to cellphone users in violation of the Telephone Consumer Protection [...]

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DePuy hip trial rescheduled

The metal hip attorneys at Upton Law Firm report that the first trial in the consolidated proceeding involving the DePuy ASR Hip has been postponed. The federal court in Ohio overseeing pre-trial proceedings in 1,186 ASR hip implant cases entered the new scheduling order May 7. The court will hold its next status conference May [...]

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Over 45,000 Mirena IUD injuries reported to FDA

Many women have used the Mirena IUD since it came on the market over a decade ago. Unfortunately, it is now apparent that these birth control devices can cause severe complications. For example, according to a recent report by AdverseEvents, the FDA has received over 45,000 reports of Mirena IUD injuries. Nevertheless, the manufacturer of [...]

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False Claims Act suit filed against hospice provider

The U.S. Department of Justice recently filed a false Claims Act lawsuit against Chemed Corporation and various wholly owned subsidiaries, including Vitas Hospice Services LLC and Vitas Healthcare Corporation. Vitas is the largest for-profit hospice chain in the U.S. The government’s complaint alleges that Chemed and Vitas Hospice submitted false claims to Medicare for crisis [...]

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