Personal Injury and Mass Tort Law Blog

Published on: May 16, 2024

Amazon, Target and Other Retailers Stop Selling Weighted Infant Sleepwear

baby-21998_6401-e1715227048293 Public concern is growing that weighted infant sleepwear, including sleep sacks and swaddles, may be dangerous for babies, after warnings from medical experts, safe-sleep advocates and federal regulators. In response, Amazon, Target and Walmart pulled this sleepwear from their sites and shelves. A senator has called for investigation into Dreamland Baby and Nested Bean, two of the popular weighted infant sleepwear companies based on allegations that they’ve used deceptive marketing in connection with product safety. It’s terrifying to discover your baby has been injured by a product you believed was safe. If your baby was injured by weighted infant sleepwear, call trustworthy Chicago-based product liability lawyers Moll Law Group.

Consult Moll Law Group About Weighted Infant Sleepwear Claims

Experts and regulators concerned about the weighted sleepwear believe that it could prevent babies from breathing and pumping blood, and that the sleepwear could harm a baby as he or she is developing. Additionally, they think that the sleepwear is heavy enough that it could stop an infant from waking themselves up in case they aren’t able to breathe. This group thinks the product needs rigorous safety testing prior to being made available on the market.

However, the manufacturers’ CEOs have stated that their products are safe and that there’s no evidence to the contrary; investigators are concerned that there’s no evidence of safety either. The marketing for these products has focused on their comforting and soothing effects on newborns. Nested Bean has sold more than 2.5 million units of sleepwear products. The Dreamland Baby product has been out for more than 10 years, and more than 1 million weighted units have been sold.

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Published on: May 14, 2024

Manufacturer of Baby Formula Ordered to Pay $60 Million

By Moll Law Group

baby-218149_640-e1712684043871 Thousands of parents have sued both Mead Johnson and Abbott for defects in their formula. In a recent landmark jury verdict, Mead Johnson, the baby formula manufacturer who makes Enfamil, including Enfamil Premature Nutrition Products, was recently found liable for placing premature infants at greater risk for deadly diseases. Along with Abbott, it had denied that the Enfamil products caused NEC or the risk of it in premature infants and denied that there is a link between NEC and cow’s milk formula. The jury in this case awarded the plaintiff mother $60 million—$35 million more than what was requested. If your baby was harmed by Mead Johnson formula, call the seasoned Chicago-based product liability lawyers of Moll Law Group.

Consult Moll Law Group About Your Baby Formula Lawsuit

The litigation was pursued partly to alter the way preemies in the NICU are fed. The formula believed to cause NEC that was the subject of the trial was made using cow’s milk. In court filings responding to the lawsuits, Mead Johnson has written: “Mead Johnson denies that Enfamil products cause NEC or increase risks of NEC in infants.” The jury found that the manufacturer had not done enough to provide warnings to parents of increased odds of these infants suffering a deadly disease because they were given Mead Johnson’s formula Necrotizing Enterocolitis or NEC.

The case against Mead Johnson was brought by a mother who’d lost one of her twin preemies; it was made part of a multidistrict litigation. Over 330 lawsuits were filed around the country regarding the formula at issue. The trial started on February 20 and lasted four weeks. At closing arguments, the mother’s attorney called upon jurors to make the right decision after hearing from a dozen expert neonatologists, all of whom agreed that while the research about the formula was inclusive, using the formula increased the risk of NEC. It was also argued on closing that the company doesn’t warn pediatricians and parents about how serious the dangers are on its packaging or its marketing to doctors.

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Published on: May 14, 2024

Philips Respironics agrees to a $1.1 billion CPAP settlement

By Moll Law Group

hospital-840135_640-e1715226572404 Around 15 million Philips Respironics CPAP and ventilator machines were impacted by a Class 1 recall. This class of recall is the most serious because it indicates that it’s reasonably probable that using or just being exposed to the affected products will result in serious adverse health ramifications or even deaths. Recently, the manufacturer Philips reached a $1.1 billion deal to settle claims from plaintiffs who alleged they were injured by the company’s CPAP sleep apnea machines, as well as BiPAP ventilators. Part of the settlement is expected to be allocated for medical monitoring. This settlement does not admit fault and it is not yet final; the deal was reached through a mediator and still needs to be formalized in federal court. If you were injured or a loved one died as a result of using a Philips CPAP sleep apnea machine, you should call the seasoned Chicago-based product liability lawyers of Moll Law Group to see whether you have recourse. Billions have been recovered in lawsuits with which we’ve been involved.

Call Moll Law Group About Your CPAP Claim

The Philips CPAP machine recall occurred because thousands of CPAP users complained of suffering medical problems as a result of use. A subsequent investigation found that the polyurethane foam that had been used to muffle sound and vibration in the machine could break down, especially in a warm environment, such that the person using the device could breathe in bits of foam or chemicals from the foam, including formaldehyde and other volatile organic compounds, that they couldn’t see. That exposure could result in toxic and carcinogenic impacts. It is expected that the impacted machines will be fixed by replacing the existing foam with a silicone-based foam.

The affected Philips CPAP devices were sold between 2008-2021. More than 116,000 medical device reports had been received since April 2021, including 561 reports of death, that were suspected to be connected to the insulating foam in the machines.

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Published on: May 7, 2024

The FDA Informs Providers About Labeling Updates

By Moll Law Group

surgery-1822458_6401-e1712683689856 Surgical mesh products are used to repair and reinforce soft tissue in patients where the tissue has some weakness. In particular, mesh is used to help reinforce the hernia. However, doctors have increasingly been using surgical mesh products, even though the safety and effectiveness in breast surgery hasn’t yet been decided. The United States Food and Drug Administration has informed doctors, nurses and other health care providers that it is imposing new labeling updates for Becton, Dickinson and Company mesh products. These products include the following: GalaFLEX Lite Scaffold, GalaFLEX Scaffold, GalaFLEX 3D Scaffold, GalaFLEX 3DR Scaffold, Phasix ST Mesh, Phasix Plug and Patch, Phasix ST Mesh with Open Positioning System (OPS), and Phasix ST Mesh with Echo 2 Positioning System. If you were injured by any of these types of surgical mesh products, you should call the seasoned Chicago-based product liability lawyers Moll Law Group.

Consult Moll Law Group About Surgical Mesh

The FDA issued its letter to ensure that doctors, nurses, and hospitals knew that Becton, Dickinson and Company had been asked to update its labels. The company did update its product warnings to indicate that surgical mesh products haven’t been determined to be safe and effective for purposes of breast surgeries. Health care providers have been asked to read the warnings.

However, if you are asymptomatic after mesh was used in your surgery, the FDA has not recommended that the mesh be removed or operated upon. The FDA has called for clinical evaluations to figure out whether the mesh products have benefit when they’re used for breast surgery. It also commented on the lack of clinical evaluations at a General and Plastic Surgery Devices Panel in 2019.

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Published on: April 30, 2024

$1.185 Billion Settlement Reached Over Polluted Drinking Water

By Moll Law Group

dam-5422929_1280-e1712683251596 A federal court recently approved a $1.185 billion settlement concerning drinking water that had been contaminated by forever chemicals in PFAS-containing firefighting foam. The court dismissed objections from three cities and a municipal water district court. If you were injured or a loved one died due to polluted drinking water, you should consult the seasoned Chicago-based product liability lawyers of Moll Law Group. Billions have been recovered in cases we’ve handled; we represent plaintiffs around the country.

Talk to Lawyers from Moll Law Group About Your PFAS Claim

More than 300 lawsuits related to the contamination of the environment due to the PFAS in firefighting foams have been instituted since 2018. Many cases involving PFAS involve claims by numerous individuals that allege personal harm as a result of forever chemicals. However this particular settlement involved municipal water systems that are facing substantial testing and remediation due to the PFAS in their water.

Consequently, the settlement was reached only in lawsuits that named all public water systems in the country that receive water from at least one source that tested positive for PFAS, along with any public water systems that the law requires to test for PFAS. A number of these lawsuits were consolidated in a multidistrict litigation (MDL) based in South Carolina, with a deal announced in June 2023 and receiving preliminary approval in August 2023.

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Published on: April 24, 2024

Eli Lilly Received Approval for New Weight Loss Drug Zepbound

By Moll Law Group

belly-2354_1280-e1712682579349-300x200 There has been a huge uptick in the demand for weight loss drugs and as a result of new drug approvals, the supply has been impacted. Last fall, the drug manufacturer Eli Lilly received approval from the Food and Drug Administration (FDA) for a new medication for chronic weight management. The drug is known as Zepbound, and at $1059.87 for a month’s supply, it is cheaper than Wegovy, which is manufactured by Eli Lilly’s competitor Novo Nordisk. However, much of the excitement of Zepbound and Wegovy fails to appreciate the risks associated with these drugs. If you are a patient who has been harmed by Zepbound, you should call the seasoned dangerous drug Chicago-based attorneys of Moll Law Group. We represent people harmed around the country and billions have been recovered in lawsuits with which we’ve had involvement.

Consult Moll Law Group About Your Weight Loss Drug Lawsuit

The use of diabetes drugs for weight loss has gained increasing public attention. Initially, the FDA wouldn’t allow Eli Lilly to market the diabetes drug Mounjaro for obesity, but late last year, it approved Zepbound, which is based on the same active ingredient. You should be aware, however, that there still questions about long-term health risks of using these drugs.

Zepbound, or tirzepatide, is given as an injection for chronic weight management in patients that are obese or overweight with an additional weight-related condition. Around 70% of adults around the country are obese or overweight; being able to lose 5%-10% of their weight has been linked to a reduced danger of suffering cardiovascular disease. The same drug is marketed under the trade name Mounjaro for use by adults with type 2 diabetes mellitus to better their glucose levels. Mounjaro has been the subject of increasing numbers of product liability lawsuits brought by people who took the drug and allegedly experienced gallbladder and gastrointestinal complications necessitating further expensive medical treatment.

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Published on: April 16, 2024

Toxic Baby Food Lawsuits Placed in an MDL

By Moll Law Group

baby-2423896_1280-e1712682886694 Recently, lawsuits regarding baby food contaminated with toxic heavy metals were centralized in a single multidistrict litigation (MDL). The lawsuits were brought against several manufacturers and sellers of baby food products alleged to contain high levels of neurotoxins, including mercury, arsenic, and lead. These include Gerber Products Company, Walmart, Inc., Sprout Foods Inc., Plum Organics, Hain Celestial, Inc., and Beech-Nut Nutrition Company. Toxic heavy metal contamination can result in serious harm to the brain during a baby’s development. If your baby was injured by toxic baby food, you should call the seasoned product liability lawyers of Moll Law Group.

Consult Moll Law Group About Toxic Baby Food Claims

Exposure and consumption of contaminating metals can result in babies winding up with neurodevelopmental conditions like ADHD and autism spectrum disorder. The 11 lawsuits, filed in 7 different federal district courts, that were centralized involve the same toxins, the same harm, and the same defendants. The products overlap in flavors and categories; specifically they can be organized as jars or tubs pouches; puffs; snacks; cereals and yogurt-based foods. Accordingly, the United States Judicial Panel brought the cases together in a centralized proceeding. The Judicial Panel acknowledged that not all the baby foods were contaminated, and that certain ingredients increased contamination like rice and root vegetables.

However, the panel reasoned, all the actions had common questions of facts and law, and there were certain patterns in the plaintiffs’ claims based on the defendants’ coordinated behavior. For instance, from 2019 to 2021, most of the defendants were part of a consortium that was organized to handle the toxic contamination. Additionally, defendant manufacturers have co-manufacturing agreements between themselves and use common suppliers and laboratories.

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Published on: April 9, 2024

Rising Assaults and Rapes in Hospitals

By Moll Law Group

hospital-1802679_640-e1709792128494 In the nineties, a Joint Commission adopted a formal Sentinel event policy with the goal of helping hospitals manage certain serious events. Recently, the Joint Commission reported that there had been an alarming increase in rape and assault in medical facilities and hospitals, and it released evidence to that effect. Sentinel events are patient safety events that aren’t mostly related to a natural progression of illness that results in severe harm, permanent harm, or death. Assault, rape, sexual assault and homicide were the third most common sentinel events in the first half of 2023. If you experienced assault or rape in a hospital setting, you should call the seasoned Chicago-based trial attorneys of Moll Law Group to find out your legal options.

Seek Trustworthy Legal Representation from Chicago-based Moll Law Group

Hospitals and healthcare organizations are expected to provide safety to both patients and providers when treatment and care are being administered. Unfortunately, sentinel events do occur and can cause serious injury or even death. The Joint Commission issued a list of suggested actions that a health care institution could take to stop rape, and assault. If you were onsite in a hospital or healthcare setting and you were either offering or receiving medical care or were a visitor, any of the following would be a sentinel event: sexual abuse or assault of either a patient or a provider; physical assault of a patient being cared for; homicide of a staff person, licensed independent practitioner, vendor, or visitor; homicide of a patient receiving services and treatment.

Many safety problems could lead to frightening sentinel events including poor hiring practices and failure to conduct background checks; failure to develop adequate policies for responding to workplace violence; lack of training so that staff could properly respond to agitated and potentially violent patients; inadequate responses to reported security problems; poor mental health vetting of healthcare providers and on the other side of that not identifying patient mental health issues. Continue reading →

Published on: April 2, 2024

FDA Warns of Serious If Rare Drug Reactions to Certain Antiseizure Medicines

By Moll Law Group

tablets-5620566_640-e1709791284942 Certain antiseizure medications involve serious risk of drug reactions. One of these is levetiracetam, which has been FDA approved for 24 years, and is used both by itself and with other medications to control seizures. It’s sold under the brand names Keppra, KeppraXR, Spritam, and Elepsia XR. It is also sold in generic form. Another such drug that can cause serious drug reactions is the benzodiazepine, clobazam, which is sold under the brand names Sympazan and Onfi and is used to treat a severe epilepsy known as Lennox Gastaut Syndrome. The FDA has issued a drug safety communications warning with regard to levetiracetam and clobazam, notifying consumers that they can cause a rare but potentially life threatening reaction that must be treated quickly: Drug Reaction with Eosinophilia and Systemic Symptoms (DRESS). If you suffered harm as a result of your antiseizure medication, you should call the seasoned Chicago-based dangerous drug attorneys of Moll Law Group.

Call Moll Law Group If You Develop a Drug Reaction

Antiseizure drugs have a number of side effects, but DRESS is particularly harmful. Hypersensitivity to antiseizure drugs is rare, but when there is that sensitivity the reaction can be quite severe.

The FDA has warned that Keppra, Keppra XR, Spritam, Elepsia XR, Sympazan, and Onfi can trigger DRESS. This hypersensitivity reaction to these medicines is serious but rare. In the event that you develop a mysterious rash, fever or swollen lymph nodes while taking one of these medications, you should talk to your doctor and get medical attention right away. The rash can progress and lead to internal organ injuries involving the liver, kidneys, lungs, heart, and pancreas. that require you to be hospitalized and that could result in death.

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Published on: March 26, 2024

The FDA Issued a Safety Communication About the Synovo Total Hip Resurfacing System

By Moll Law Group

human-874979_640-e1709789373108 Doctors sometimes perform total hip arthroplasty or total hip replacement using the Synovo Total Hip System, which features resurfacing implants. The United States Food and Drug Administration (FDA) has recommended that health care providers not use Synovo Total Hip Resurfacing System. While it’s also advised that the hip systems be removed under certain conditions of pain or other symptoms, the FDA does not recommend removal of implanted Synovo Total Hip Systems, if patients find their hip implant is working and they don’t have new or increasing symptoms or pain. If you were injured by the Synovo Total Hip System, you should call the seasoned Chicago-based product liability lawyers of Moll Law Group to learn your options. Billions have been recovered in cases with which we’ve been involved.

Call Moll Law Group About a Synovo Claim

There are three parts to the Synovo Total Hip System: the Acetabular Bearing, the Acetabular Fixation Cup, and the Femoral Resurfacing Cup. They are used together in the system. In 2022, the FDA found out that these three components had been significantly modified, such that it no longer followed the specifications originally improved by the FDA. It issued a warning to Synovo specifying the violations and telling the manufacturer it needed to stop making modified devices and act quickly to correct its legal violations.

The FDA has specifically asked that providers not buy or implant the Synovo Total Hip System and warn they should remove from inventory all the Synovo Total Hip Systems including the Acetabular Bearing components, Acetabular Fixation Cup, and the Femoral Resurfacing Cup. Moreover, The FDA asks consumers to get in touch with their doctors if they experience any symptoms in connection with the system such as weakness of the hip or knee, new or worsening pain, loosening, grinding, or inability to bear weight.

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