News and Updates
Salim-Beasley is proud to announce a $650 Million settlement for those injured as a result of using the blood-thinning medication, Pradaxa. This settlement reached by court- appointed negotiation counsel resolved approximately 4,000 pending cases. The settlement was reached after two years of hard-fought litigation. The settlement occurred just months before the first case was set to go to trial in the Pradaxa Multi-District Litigation (MDL 2385) pending in the Southern District of Illinois before The Honorable Chief Judge David R. Herndon. We believe this settlement is an excellent result and is in the best interest of our clients who suffered serious injuries after using Pradaxa. We, at Salim-Beasley, have the privilege of representing approximately 200 claimants in this litigation and are still actively involved in pursing these claims on behalf of injured and deceased clients.
As juries return favorable verdicts in mesh lawsuits, device makers have increasingly agreed to settle plaintiffs' injury claims. In recent years, thousands of injured women have filed lawsuits in state and federal courts throughout the nation. Cases have already gone to trial, resulting in favorable verdicts for the plaintiffs, while others have settled.
$1.2 million jury verdict in April 2014 against
Ethicon (TVT-O/SUI) in Texas state court (Dallas). The jury found that the mesh was defectively designed. No punitive damages were awarded.
$73 million jury verdict in September 2014 in Texas state court (Dallas) against
Boston Scientific (Obtryx/SUI). The verdict included $23 million in compensatory damages and $50 million in punitive damages. The court reduced the verdict to $34 million after trial because of Texas law limiting punitive damages.
$3.27 million jury verdict in September 2014 in West Virginia federal court against
Ethicon (Gynecare TVT-O/SUI). The jury found the mesh was defective and the warnings inadequate. The court did not permit the punitive damage claim to go to the jury.
$26.7 million jury verdict in November 2014 in Florida federal court (Miami) against
Boston Scientific (Pinnacle/POP) in a four plaintiff case tried before Judge Goodwin. The jury found the mesh was defective, the warnings were inadequate and the risks outweighed the benefits of the device. No punitive damages were awarded.
$18.5 million jury verdict in November 2014 in West Virginia federal court againstBoston Scientific (Obtryx/SUI) in a four plaintiff case. The jury found that the manufacturer acted with "gross negligence" and awarded $4 million in punitive damages.
Robert L. Salim of Salim-Beasley, LLC, was appointed on April 13, 2012, to the Plaintiff Steering Committee on the Vaginal Mesh MDL No. 2325 in the United District Court for the Southern District of West Virginia – Charleston Division under Judge Goodwin. Salim-Beasley, LLC, is handling along with Aylstock, Witkin, Kreis & Overholtz, PLLC, over 5,000 Vaginal Mesh related injuries.
All of Plaintiffs counsel's cases against Abbott Laboratories Inc. involving Depakote have been consolidated in federal court in the Southern District of Illinois in front of Judge G. Patrick Murphy. Judge Murphy has set two bellwether cases for trial in October of 2013.
ATTORNEY GENERAL CASES
In the Louisiana Attorney General's case against Risperdal® manufacturer Janssen Pharmaceutica, the Louisiana Third Circuit Court of Appeal unanimously affirmed the jury verdict in favor of the plaintiff on August 31, 2012, Buddy Caldwell, et al v. Janssen Pharaceutica, Inc., Docket No. 11-CA-1184 c/w 11-CA-1185.
The firm of Salim-Beasley, LLC, is also pleased to announce the firm of Bailey Perrin Bailey, a co-partner in the Risperdal® Attorney General actions, has obtained a 1.2 billion dollar verdict on behalf of the State of Arkansas.
We recently filed a lawsuit on behalf of the Attorney General for the State of Louisiana against Plavix manufacturer Bristol-Myers Squib, Caldwell v. Bristol Myers Squibb, et al, Docket No. 12-C-0403, in St. Landry Parish, Louisiana. Despite an attempt to remove the case to federal court, successful remand put it back in St. Landry Parish.
The Avandia® settlement in East St. Louis, Illinois, is nearing completion and clients should start receiving their compensation in the immediate future.
In a jurisdictional victory over Plavix manufacturer Bristol-Myers Squib, plaintiffs in Davidson, et al v. Bristol-Myers Squibb Co, et al, Case No. 3:12-cv-00058,
et al v. Bristol-Myers Squibb Co, et al, Case No. 3:12-cv-00061, and
et al v. Bristol-Myers Squibb Co, et al, Case No. 3:12-cv-00060, successfully remanded their cases back to Illinois state court. Judge Murphy of the Southern District of Illinois specifically rejected removal of the cases to federal court on diversity and CAFA grounds. In remanding the case, Judge Murphy found the removal argument frivolous enough to warrant issuance of sanctions against Bristol-Myers and its attorneys. The Seventh Circuit Court of Appeals affirmed, and the manufacturer's petition for Writ of Certiorari has been denied by the United States Supreme Court.
The County Counsel for Santa Clara County, California sued the makers of Plavix (Bristol-Myers Squibb and Sanofi-Aventis) on behalf of the People of the State of California under the California False Advertising Law, California Business & Professions Code §§ 17535, 17536. Among other allegations, the People contend that Defendants bilked State and private healthcare service providers and payers out of millions of dollars through false representations that Plavix was safe and more efficacious than aspirin, which cost a hundred times less than Plavix. The People's case against Bristol-Myers and Sanofi was filed on May 8, 2012. On June 22, 2012, Defendants removed the case to federal court. But, on September 17, 2012, the federal court determined it had no jurisdiction over the case and granted the People's Motion to Remand the case to state court, where it is now proceeding.
As of February 4, 2013, there were 1,498 cases filed in Cook County, Illinois, and discovery is underway. Five bellwether cases have been set for trial. The first trial date is expected to take place on March 3, 2014, with the remaining bellwethers to start three months thereafter.
In separate rulings by different judges, the federal court ruled against Zoloft manufacturer Pfizer in Wilson et al v. Pfizer, Inc., 3:11-cv-01078-GPM-PMF, and
Saville et al v. Pfizer, Inc., 3:12-cv-00028-JPG-SCW, and remanded the cases back to the Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois, while refusing to rule on the manufacturer's motions to sever the cases.
Over Zoloft manufacturer Pfizer's specific request that the Multidistrict Litigation be transferred to New York, the Judicial Panel transferred IN RE: Zoloft (Sertraline Hydrochloride) Products Liability Litigation, MDL No. 2342, to Judge Cynthia M. Rufe in the Eastern District of Pennsylvania at plaintiffs' request. These actions involve allegations that Zoloft, a prescription medication approved for the treatment of depression and other ailments, causes birth defects in children when their mothers ingest the drug while pregnant.