If you or a loved one suffered injuries, property damage, or other financial losses due to another party’s actions, you may be entitled to compensation for those losses.
Contact the experienced Chicago personal injury lawyers from TorHoerman Law for a free, no-obligation Chicago personal injury lawsuit case consultation today.
If you or a loved one suffered a personal injury or financial loss due to a car accident in Chicago, IL – you may be entitled to compensation for those damages.
Contact an experienced Chicago auto accident lawyer from TorHoerman Law today to see how our firm can serve you!
If you or a loved one have suffered injuries, property damage, or other financial losses due to a truck accident in Chicago, IL – you may qualify to take legal action to gain compensation for those injuries and losses.
Contact TorHoerman Law today for a free, no-obligation consultation with our Chicago truck accident lawyers!
If you or a loved one suffered an injury in a motorcycle accident in Chicago or the greater Chicagoland area – you may be eligible to file a Chicago motorcycle accident lawsuit.
Contact an experienced Chicago motorcycle accident lawyer at TorHoerman Law today to find out how we can help.
If you have been involved in a bicycle accident in Chicago at no fault of your own and you suffered injuries as a result, you may qualify to file a Chicago bike accident lawsuit.
Contact a Chicago bicycle accident lawyer from TorHoerman Law to discuss your legal options today!
Chicago is one of the nation’s largest construction centers.
Thousands of men and women work on sites across the city and metropolitan area on tasks ranging from skilled trades to administrative operations.
Unfortunately, construction site accidents are fairly common.
Contact TorHoerman Law to discuss your legal options with an experienced Chicago construction accident lawyer, free of charge and no obligation required.
Nursing homes and nursing facilities should provide a safe, supportive environment for senior citizens, with qualified staff, nurses, and aids administering quality care.
Unfortunately, nursing home abuse and neglect can occur, leaving residents at risk and vulnerable.
Contact an experienced Chicago nursing home abuse attorney from TorHoerman Law today for a free consultation to discuss your legal options.
If you are a resident of Chicago, or the greater Chicagoland area, and you have a loved one who suffered a fatal injury due to another party’s negligence or malpractice – you may qualify to file a wrongful death lawsuit on your loved one’s behalf.
Contact a Chicago wrongful death lawyer from TorHoerman Law to discuss your legal options today!
If you have suffered a slip and fall injury in Chicago you may be eligible for compensation through legal action.
Contact a Chicago slip and fall lawyer at TorHoerman Law today!
TorHoerman Law offers free, no-obligation case consultations for all potential clients.
When a child is injured at a daycare center, parents are left wondering who can be held liable, who to contact for legal help, and how a lawsuit may pan out for them.
If your child has suffered an injury at a daycare facility, you may be eligible to file a daycare injury lawsuit.
Contact a Chicago daycare injury lawyer from TorHoerman Law today for a free consultation to discuss your case and potential legal action!
If you or a loved one suffered injuries, property damage, or other financial losses due to another party’s actions, you may be entitled to compensation for those losses.
Contact the experienced Edwardsville personal injury lawyers from TorHoerman Law for a free, no-obligation Edwardsville personal injury lawsuit case consultation today.
If you or a loved one suffered a personal injury or financial loss due to a car accident in Edwardsville, IL – you may be entitled to compensation for those damages.
Contact an experienced Edwardsville car accident lawyer from TorHoerman Law today to see how our firm can serve you!
If you or a loved one have suffered injuries, property damage, or other financial losses due to a truck accident in Edwardsville, IL – you may qualify to take legal action to gain compensation for those injuries and losses.
Contact TorHoerman Law today for a free, no-obligation consultation with our Edwardsville truck accident lawyers!
If you or a loved one suffered an injury in a motorcycle accident in Edwardsville – you may be eligible to file an Edwardsville motorcycle accident lawsuit.
Contact an experienced Edwardsville motorcycle accident lawyer at TorHoerman Law today to find out how we can help.
If you have been involved in a bicycle accident in Edwardsville at no fault of your own and you suffered injuries as a result, you may qualify to file an Edwardsville bike accident lawsuit.
Contact an Edwardsville bicycle accident lawyer from TorHoerman Law to discuss your legal options today!
Nursing homes and nursing facilities should provide a safe, supportive environment for senior citizens, with qualified staff, nurses, and aids administering quality care.
Unfortunately, nursing home abuse and neglect can occur, leaving residents at risk and vulnerable.
Contact an experienced Edwardsville nursing home abuse attorney from TorHoerman Law today for a free consultation to discuss your legal options.
If you are a resident of Edwardsville and you have a loved one who suffered a fatal injury due to another party’s negligence or malpractice – you may qualify to file a wrongful death lawsuit on your loved one’s behalf.
Contact an Edwardsville wrongful death lawyer from TorHoerman Law to discuss your legal options today!
If you have suffered a slip and fall injury in Edwardsville you may be eligible for compensation through legal action.
Contact an Edwardsville slip and fall lawyer at TorHoerman Law today!
TorHoerman Law offers free, no-obligation case consultations for all potential clients.
When a child is injured at a daycare center, parents are left wondering who can be held liable, who to contact for legal help, and how a lawsuit may pan out for them.
If your child has suffered an injury at a daycare facility, you may be eligible to file a daycare injury lawsuit.
Contact an Edwardsville daycare injury lawyer from TorHoerman Law today for a free consultation to discuss your case and potential legal action!
If you or a loved one suffered injuries on someone else’s property in Edwardsville IL, you may be entitled to financial compensation.
If property owners fail to keep their premises safe, and their negligence leads to injuries, property damages or other losses as a result of an accident or incident, a premises liability lawsuit may be possible.
Contact an Edwardsville premises liability lawyer from TorHoerman Law today for a free, no-obligation case consultation.
If you or a loved one suffered injuries, property damage, or other financial losses due to another party’s actions, you may be entitled to compensation for those losses.
Contact the experienced St. Louis personal injury lawyers from TorHoerman Law for a free, no-obligation St. Louis personal injury lawsuit case consultation today.
If you or a loved one suffered a personal injury or financial loss due to a car accident in St. Louis, IL – you may be entitled to compensation for those damages.
Contact an experienced St. Louis auto accident lawyer from TorHoerman Law today to see how our firm can serve you!
If you or a loved one have suffered injuries, property damage, or other financial losses due to a truck accident in St. Louis, IL – you may qualify to take legal action to gain compensation for those injuries and losses.
Contact TorHoerman Law today for a free, no-obligation consultation with our St. Louis truck accident lawyers!
If you or a loved one suffered an injury in a motorcycle accident in St. Louis or the greater St. Louis area – you may be eligible to file a St. Louis motorcycle accident lawsuit.
Contact an experienced St. Louis motorcycle accident lawyer at TorHoerman Law today to find out how we can help.
If you have been involved in a bicycle accident in St. Louis at no fault of your own and you suffered injuries as a result, you may qualify to file a St. Louis bike accident lawsuit.
Contact a St. Louis bicycle accident lawyer from TorHoerman Law to discuss your legal options today!
St. Louis is one of the nation’s largest construction centers.
Thousands of men and women work on sites across the city and metropolitan area on tasks ranging from skilled trades to administrative operations.
Unfortunately, construction site accidents are fairly common.
Contact TorHoerman Law to discuss your legal options with an experienced St. Louis construction accident lawyer, free of charge and no obligation required.
Nursing homes and nursing facilities should provide a safe, supportive environment for senior citizens, with qualified staff, nurses, and aids administering quality care.
Unfortunately, nursing home abuse and neglect can occur, leaving residents at risk and vulnerable.
Contact an experienced St. Louis nursing home abuse attorney from TorHoerman Law today for a free consultation to discuss your legal options.
If you are a resident of St. Louis, or the greater St. Louis area, and you have a loved one who suffered a fatal injury due to another party’s negligence or malpractice – you may qualify to file a wrongful death lawsuit on your loved one’s behalf.
Contact a St. Louis wrongful death lawyer from TorHoerman Law to discuss your legal options today!
If you have suffered a slip and fall injury in St. Louis you may be eligible for compensation through legal action.
Contact a St. Louis slip and fall lawyer at TorHoerman Law today!
TorHoerman Law offers free, no-obligation case consultations for all potential clients.
When a child is injured at a daycare center, parents are left wondering who can be held liable, who to contact for legal help, and how a lawsuit may pan out for them.
If your child has suffered an injury at a daycare facility, you may be eligible to file a daycare injury lawsuit.
Contact a St. Louis daycare injury lawyer from TorHoerman Law today for a free consultation to discuss your case and potential legal action!
Suboxone, a medication often used to treat opioid use disorder (OUD), has become a vital tool which offers a safer and more controlled approach to managing opioid addiction.
Despite its widespread use, Suboxone has been linked to severe tooth decay and dental injuries.
Suboxone Tooth Decay Lawsuits claim that the companies failed to warn about the risks of tooth decay and other dental injuries associated with Suboxone sublingual films.
Depo-Provera, a contraceptive injection, has been linked to an increased risk of developing brain tumors (including glioblastoma and meningioma).
Women who have used Depo-Provera and subsequently been diagnosed with brain tumors are filing lawsuits against Pfizer (the manufacturer), alleging that the company failed to adequately warn about the risks associated with the drug.
Despite the claims, Pfizer maintains that Depo-Provera is safe and effective, citing FDA approval and arguing that the scientific evidence does not support a causal link between the drug and brain tumors.
You may be eligible to file a Depo Provera Lawsuit if you used Depo-Provera and were diagnosed with a brain tumor.
Tepezza, approved by the FDA in 2020, is used to treat Thyroid Eye Disease (TED), but some patients have reported hearing issues after its use.
The Tepezza lawsuit claims that Horizon Therapeutics failed to warn patients about the potential risks and side effects of the drug, leading to hearing loss and other problems, such as tinnitus.
You may be eligible to file a Tepezza Lawsuit if you or a loved one took Tepezza and subsequently suffered permanent hearing loss or tinnitus.
Elmiron, a drug prescribed for interstitial cystitis, has been linked to serious eye damage and vision problems in scientific studies.
Thousands of Elmiron Lawsuits have been filed against Janssen Pharmaceuticals, the manufacturer, alleging that the company failed to warn patients about the potential risks.
You may be eligible to file an Elmiron Lawsuit if you or a loved one took Elmiron and subsequently suffered vision loss, blindness, or any other eye injury linked to the prescription drug.
The chemotherapy drug Taxotere, commonly used for breast cancer treatment, has been linked to severe eye injuries, permanent vision loss, and permanent hair loss.
Taxotere Lawsuits are being filed by breast cancer patients and others who have taken the chemotherapy drug and subsequently developed vision problems.
If you or a loved one used Taxotere and subsequently developed vision damage or other related medical problems, you may be eligible to file a Taxotere Lawsuit and seek financial compensation.
Although pressure cookers were designed to be safe and easy to use, a number of these devices have been found to have a defect that can lead to excessive buildup of internal pressure.
The excessive pressure may result in an explosion that puts users at risk of serious injuries such as burns, lacerations, an even electrocution.
If your pressure cooker exploded and caused substantial burn injuries or other serious injuries, you may be eligible to file a Pressure Cooker Lawsuit and secure financial compensation for your injuries and damages.
Several studies have found a correlation between heavy social media use and mental health challenges, especially among younger users.
Social media harm lawsuits claim that social media companies are responsible for onsetting or heightening mental health problems, eating disorders, mood disorders, and other negative experiences of teens and children
You may be eligible to file a Social Media Mental Health Lawsuit if you are the parents of a teen, or teens, who attribute their use of social media platforms to their mental health problems.
The Paragard IUD, a non-hormonal birth control device, has been linked to serious complications, including device breakage during removal.
Numerous lawsuits have been filed against Teva Pharmaceuticals, the manufacturer of Paragard, alleging that the company failed to warn about the potential risks.
If you or a loved one used a Paragard IUD and subsequently suffered complications and/or injuries, you may qualify for a Paragard Lawsuit.
Patients with the PowerPort devices may possibly be at a higher risk of serious complications or injury due to a catheter failure, according to lawsuits filed against the manufacturers of the Bard PowerPort Device.
If you or a loved one have been injured by a Bard PowerPort Device, you may be eligible to file a Bard PowerPort Lawsuit and seek financial compensation.
Vaginal Mesh Lawsuits are being filed against manufacturers of transvaginal mesh products for injuries, pain and suffering, and financial costs related to complications and injuries of these medical devices.
Over 100,000 Transvaginal Mesh Lawsuits have been filed on behalf of women injured by vaginal mesh and pelvic mesh products.
If you or a loved one have suffered serious complications or injuries from vaginal mesh, you may be eligible to file a Vaginal Mesh Lawsuit.
Parents and guardians are filing lawsuits against major video game companies (including Epic Games, Activision Blizzard, and Microsoft), alleging that they intentionally designed their games to be addictive — leading to severe mental and physical health issues in minors.
The lawsuits claim that these companies used psychological tactics and manipulative game designs to keep players engaged for extended periods — causing problems such as anxiety, depression, and social withdrawal.
You may be eligible to file a Video Game Addiction Lawsuit if your child has been diagnosed with gaming addiction or has experienced negative effects from excessive gaming.
Above ground pool accidents have led to lawsuits against manufacturers due to defective restraining belts that pose serious safety risks to children.
These belts, designed to provide structural stability, can inadvertently act as footholds, allowing children to climb into the pool unsupervised, increasing the risk of drownings and injuries.
Parents and guardians are filing lawsuits against pool manufacturers, alleging that the defective design has caused severe injuries and deaths.
If your child was injured or drowned in an above ground pool accident involving a defective restraining belt, you may be eligible to file a lawsuit.
Recent scientific studies have found that the use of chemical hair straightening products, hair relaxers, and other hair products present an increased risk of uterine cancer, endometrial cancer, breast cancer, and other health problems.
Legal action is being taken against manufacturers and producers of these hair products for their failure to properly warn consumers of potential health risks.
You may be eligible to file a Hair Straightener Cancer Lawsuit if you or a loved one used chemical hair straighteners, hair relaxers, or other similar hair products, and subsequently were diagnosed with:
AFFF (Aqueous Film Forming Foam) is a firefighting foam that has been linked to various health issues, including cancer, due to its PFAS (per- and polyfluoroalkyl substances) content.
Numerous AFFF Lawsuits have been filed against AFFF manufacturers, alleging that they knew about the health risks but failed to warn the public.
AFFF Firefighting Foam lawsuits aim to hold manufacturers accountable for putting peoples’ health at risk.
You may be eligible to file an AFFF Lawsuit if you or a loved one was exposed to firefighting foam and subsequently developed cancer.
Paraquat, a widely-used herbicide, has been linked to Parkinson’s disease, leading to numerous Paraquat Parkinson’s Disease Lawsuits against its manufacturers for failing to warn about the risks of chronic exposure.
Due to its toxicity, the EPA has restricted the use of Paraquat and it is currently banned in over 30 countries.
You may be eligible to file a Paraquat Lawsuit if you or a loved one were exposed to Paraquat and subsequently diagnosed with Parkinson’s Disease or other related health conditions.
Mesothelioma is an aggressive form of cancer primarily caused by exposure to asbestos.
Asbestos trust funds were established in the 1970s to compensate workers harmed by asbestos-containing products.
These funds are designed to pay out claims to those who developed mesothelioma or other asbestos-related diseases due to exposure.
Those exposed to asbestos and diagnosed with mesothelioma may be eligible to file a Mesothelioma Lawsuit.
Studies have found a link between toxic baby formula and Necrotizing Enterocolitis (NEC) — a severe intestinal condition in premature infants.
Parents and guardians are filing NEC Lawsuits against baby formula manufacturers, alleging that the formulas contain harmful ingredients leading to NEC.
Despite the claims, Abbott and Mead Johnson deny the allegations, arguing that their products are thoroughly researched and dismissing the scientific evidence linking their formulas to NEC, while the FDA issued a warning to Abbott regarding safety concerns of a formula product.
You may be eligible to file a Toxic Baby Formula NEC Lawsuit if your child received baby bovine-based (cow’s milk) baby formula in the maternity ward or NICU of a hospital and was subsequently diagnosed with Necrotizing Enterocolitis (NEC).
PFAS contamination lawsuits are being filed against manufacturers and suppliers of PFAS chemicals, alleging that these substances have contaminated water sources and products, leading to severe health issues.
Plaintiffs claim that prolonged exposure to PFAS through contaminated drinking water and products has caused cancers, thyroid disease, and other health problems.
The lawsuits target companies like 3M, DuPont, and Chemours, accusing them of knowingly contaminating the environment with PFAS and failing to warn about the risks.
If you or a loved one has been exposed to PFAS-contaminated water or products and has developed health issues, you may be eligible to file a PFAS lawsuit.
The Roundup Lawsuit claims that Monsanto’s popular weed killer, Roundup, causes cancer.
Numerous studies have linked the main ingredient, glyphosate, to Non-Hodgkin’s Lymphoma, Leukemia, and other Lymphatic cancers.
Despite this, Monsanto continues to deny these claims.
Victims of Roundup exposure who developed cancer are filing Roundup Lawsuits against Monsanto, seeking compensation for medical expenses, pain, and suffering.
Our firm is about people. That is our motto and that will always be our reality.
We do our best to get to know our clients, understand their situations, and get them the compensation they deserve.
At TorHoerman Law, we believe that if we continue to focus on the people that we represent, and continue to be true to the people that we are – justice will always be served.
Without our team, we would’nt be able to provide our clients with anything close to the level of service they receive when they work with us.
The THL Team commits to the sincere belief that those injured by the misconduct of others, especially large corporate profit mongers, deserve justice for their injuries.
Our team is what has made TorHoerman Law a very special place since 2009.
Incretin is a natural hormone that is produced by the body.
It tells the body to release insulin, which lowers blood sugar after eating.
Incretin mimetics are a class of Type-2 diabetes medications that act like, or mimic, the incretins in the body that lower blood sugar after eating.
There are two (2) categories of incretin mimetics:
One works by mimicking a hormone called GLP-1 to stimulate natural insulin production.
The other is known as a DDP-4 inhibitor, and it works by inhibiting glucagon release, thereby stimulating insulin secretion.
In 2007, the FDA warned that incretin mimetics may cause pancreatic diseases.
The warning was based on reports that an increased number of users of incretin mimetics were diagnosed with acute pancreatitis and pancreatic cancer.
From 2006 to 2009 alone, 88 cases of acute pancreatitis were linked to Januvia.
Half of these patients indicated that pancreatic inflammation diminished after they stopped taking Januvia.
Januvia and Janumet are manufactured by Merck, Byetta is manufactured by Amylin Pharmaceuticals, Inc. and was at one point co-promoted by Eli Lilly, & Co., and Victoza by Novo Nordisk. Onglyza and Kombiglyze XR are both manufactured by AstraZeneca and Bristol Myers Squibb.
According to estimates from the Institute for Safe Medication Practices:
In the United States, more than 3 million diabetics took the top five selling incretins in 2013.
The drugs are top sellers for the manufacturers, causing concern that the companies do not care about the well-being of the individuals taking the drugs, but, care instead of the profits the drugs bring in.
TorHoerman Law is no longer accepting clients for this litigation.
Studies of the effects of incretin mimetics are crucial to understanding how these drugs may be affecting consumers in adverse ways.
Consumers rely on this information to make educated decisions when choosing medications.
Researchers who were not wholeheartedly convinced by the supposed safety of incretin mimetics decided to look to the FDA adverse reporting system to see how these drugs affected humans.
In individuals who took incretin mimetics, the researchers found an increase in the number of reports of pancreatitis and pancreatic cancer.
Yet, it was not just researchers who noted the link. In September 2008, drug manufacturer Eli Lilly noticed a connection between Byetta and pancreatitis.
However, they maintained that the warning on the drug of contracting acute pancreatitis was sufficient and adequately communicated.
Furthermore, in 2009, the FDA asked Merck and other companies that manufactured these drugs to do further safety studies using rats which resulted in the death of three rats.
Frighteningly enough, the pharmaceutical companies continue to state that these drugs cause no damaging effects.
In an independent analysis of health insurance published in February 2013, researchers found that people taking GLP-1 incretin mimetics were at twice the risk of hospital admission for acute pancreatitis as compared with people taking other anti-diabetic drugs.
In 2013, an independent body released the results of its research indicating that the entire class of incretin mimetics may carry up to 20 times the risk of developing pancreatic cancer for patients taking these drugs.
The Institute for Safe Medication Practices “ISMP” analyzed data from the FDA Adverse Event Reports between July 1, 2011, and June 30, 2012, from 1,723 patients taking these drugs.
The ISMP concluded that the increased risk of developing pancreatic cancer for patients taking these drugs could be as much as 20% higher than those who were taking other medications to control their type-2 diabetes.
Tom Moore, a senior scientist for drug safety and policy at the ISMP said, “I think the whole class is in question.”
Moore further stated that additional analysis is required, but “if the results are confirmed in a broader patient population, it raises questions about the entire class of drugs.”
Although this data has some inherent limitations because it is based on adverse event reporting, it is a significant signal that more study and investigation should be undertaken, especially considering the other reports from different investigators found similar alarming connections between the drugs and pancreatic cancer.
The results of these studies are very unfavorable to the drug manufacturers who continue to maintain that their product is safe.
Unsurprisingly, this research has shown that these manufacturers continue to put profit above safety when they conduct inadequate testing and put unsafe drugs on the market.
In an effort to dismiss allegations that their product was unsafe, Merck offered to fund a professor at the University of California, Los Angeles to conduct a study about the effect of sitagliptin (Januvia) on rats that have diabetes similar to that in humans.
What should not have been a shock to Merck, the results of this study demonstrated that their product caused an increase in pancreatic damage.
During the 12-week study, the researchers gave the rats sitagliptin, metformin, or a combination of both drugs.
When examining the rats after the 12 weeks, the researchers found that every rat given sitagliptin had an enlarged pancreas.
Furthermore, one rat showed acute pancreatitis and 3 out of 16 had acinar to ductal metaplasia, a pathological change thought to be a potential precursor of pancreatic cancer.
Immediately after these results were published, Merck held a closed-door meeting to discuss the adverse findings.
In this meeting, a professor of digestive diseases said that the results of the study could suggest an increased risk of pancreatic cancer.
Had Merck and other pharmaceutical companies adequately tested these drugs before rushing them to the market, they likely would have found these results before the drug caused pancreatic damage to thousands of users.
As pharmaceutical drug liability cases continue to grow, many are left questioning the FDA’s approval method of these dangerous drugs. FDA approval is based on surrogate measures, such as tests that lower blood sugar levels but not on proof that they prevent heart attacks. Drugs can be approved so long as they are deemed safe in early studies based on the limited surrogate measures.
FDA’s Adverse Events Reporting System collects case reports from the public and medical community. Nevertheless, the majority of cases are unaccounted because the reporting system is voluntary for users and health professionals. Although drug companies are required to file reports, patients and doctors rarely report incidents to drug manufacturers. The system is deeply flawed as there are more reports that staff can review, thus it may be years after a drug was approved before the public is warned of any side effects.
According to an analysis of case reports from 2004 to March 2014, there were 964 deaths and 4425 hospitalizations amongst users of Januvia. The analysis also reported 880 deaths and 7115 hospitalizations amongst users of Byetta.
The Food and Drug Administration (FDA) and the European Medicines Agency (EMA) are continuing to investigate the connection between this class of drugs and pancreatic cancer.
More concerning news surrounding popular Type-2 diabetes medications and their link to pancreatic cancer has come to light. Independent academic and scientific researchers have called on the FDA to take a serious look at their data concerning certain incretin mimetics and their potential to cause this serious and oftentimes fatal form of cancer.
At the urging of these researchers, the FDA is currently reviewing a recent body of research that suggests pre-cancerous cellular changes in the body may be triggered by incretin mimetic medications. These changes may produce an inflammation of the pancreas, which has been shown to cause pancreatic cancer.
In addition, reports of pancreatitis associated with the use of these drugs continue to flood through the doors of the FDA.
As of 2019, both classes of incretin mimetics are still being marketed to millions of people with Type-2 diabetes. But, there is a reason for the manufacturer’s insistence the drugs are safe for consumers. Merck’s global sales increased from $2.39 billion in 2010 to $3.7 billion in 2017. Additionally, the manufacturer has since released newer Type-2 diabetes medications, likely to be profit-driving drugs, too.
More and more research continues to emerge linking these Type-2 diabetes medications with pancreatic cancer, pancreatitis, and thyroid cancer. However, the profits of incretin mimetic drugs are substantial. Manufacturers are not going to give up these products without a fight.
Contact TorHoerman Law to review your legal options in an incretin mimetics lawsuit if you or a loved one have suffered side effects such as:
Plaintiffs and their families throughout the United States have alleged that they now suffer or have died from pancreatic cancer as a result of taking these types of drugs.
In August 2013, a panel of federal judges entered an order consolidating all current and future Byetta, Januvia, Janumet, and Victoza cases into one courtroom in the Southern District of California under the title In re:Incretin Mimetics-Based Therapies Products Liability Litigation due to the increasing number of lawsuits against manufacturers.
Given the complexity of this litigation and anticipated resource demands that accompany “mass tort” (multiple plaintiffs injured in a similar fashion by a defective product) cases, the consolidation is intended to allow the litigation to move forward in an efficient, organized and timely manner.
The consolidation of these mass tort cases is called multidistrict litigation, or an MDL.
These actions involved a common question of fact making multidistrict litigation an efficient option for the courts to promote the just and efficient conduct of this litigation.
Despite the fact that the courts are generally hesitant to create an MDL for multiple defendants, the panel of judges proceeded with centralization with the support of the defendants – Merck, Amylin, Eli Lily, AstraZeneca, Bristol Myers Squibb, and Novo Nordisk.
As the case proceeded, the defendants argued that the plaintiffs in the MDL had no claim to a “failure to warn” incretin lawsuit, citing the FDA’s approval of the drugs’ labels.
In ruling on the summary judgment motion, the trial judge agreed with the defendants and dismissed 749 pending cases.
In September 2016, the plaintiffs’ attorneys filed an appeal to the summary judgment decision with the 9th Circuit U.S. Court of Appeals.
In December 2017, the appellate court returned a decision, determining that the district court had misapplied a Supreme Court case, Buckman Co. v Plaintiffs’ Legal Committee, 531 U.S. 341 (2001), in two (2) ways:
Either of these errors, independently, would have warranted a reversal on the dismissal decision.
The court’s opinion further holds that the court abused its discretion in partially excluding plaintiffs’ expert, Dr. Fleming.
Now, the 749 previously dismissed cases, along with new cases that have joined MDL 2452 since the original dismissal, will continue on towards trial in the Southern District of California.
The individuals involved in MDL 2452 claim that the:
“Defendants willfully, wantonly, and with malice withheld the knowledge of an increased risk of pancreatic cancer in users of the Drugs to prevent any chances of their products’ registration being delayed or rejected by [the] FDA.”
The Complaint further alleges that:
MDL 2452 proceedings resumed after the 9th Circuit issues its mandate — the formal order transferring cases back to the district court.
Generally, the mandate is issued 21 days after the release of the opinion, but the release can be pushed back if the defendant’s petition for rehearing within the 14-day filing window.
If a rehearing is denied, the mandate will issue sometime around 7 days after the court denies rehearing.
The defendants also had 90 days to file a petition for certiorari at the Supreme Court level.
If the defendant’s petition for rehearing, then the deadline for a cert petition is pushed back to 90 days after the denial of rehearing.
Owner & Attorney - TorHoerman Law
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
At TorHoerman Law, we believe that if we continue to focus on the people that we represent, and continue to be true to the people that we are – justice will always be served.
Do you believe you’re entitled to compensation?
Use our Instant Case Evaluator to find out in as little as 60 seconds!
In this case, we obtained a verdict of $495 Million for our client’s child who was diagnosed with Necrotizing Enterocolitis after consuming baby formula manufactured by Abbott Laboratories.
In this case, we were able to successfully recover $20 Million for our client after they suffered a Toxic Tort Injury due to chemical exposure.
In this case, we were able to successfully recover $103.8 Million for our client after they suffered a COX-2 Inhibitors Injury.
In this case, we were able to successfully recover $4 Million for our client after they suffered a Traumatic Brain Injury while at daycare.
In this case, we were able to successfully recover $2.8 Million for our client after they suffered an injury due to a Defective Heart Device.
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
They helped my elderly uncle receive compensation for the loss of his wife who was administered a dangerous drug. He consulted with this firm because of my personal recommendation and was very pleased with the compassion, attention to detail and response he received. Definitely recommend this firm for their 5 star service.
When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.
TorHoerman Law is an awesome firm to represent anyone that has been involved in a case that someone has stated that it's too difficult to win. The entire firm makes you feel like you’re part of the family, Tor, Eric, Jake, Kristie, Chad, Tyler, Kathy and Steven are the best at what they do.
TorHorman Law is awesome
I can’t say enough how grateful I was to have TorHoerman Law help with my case. Jacob Plattenberger is very knowledgeable and an amazing lawyer. Jillian Pileczka was so patient and kind, helping me with questions that would come up. Even making sure my special needs were taken care of for meetings.
TorHoerman Law fights for justice with their hardworking and dedicated staff. Not only do they help their clients achieve positive outcomes, but they are also generous and important pillars of the community with their outreach and local support. Thank you THL!
Hands down one of the greatest group of people I had the pleasure of dealing with!
A very kind and professional staff.
Very positive experience. Would recommend them to anyone.
A very respectful firm.
Edwardsville, IL
Chicago, IL
St. Louis, MO
Clayton, MO
Naperville, IL