Chicago Mass Tort
Trial Lawyers

The MDL Plaintiffs’ Lead Counsel Committee Chair, Peter J. Flowers, of Meyers & Flowers, a Chicago-based law firm, reached a global settlement today for thousands of plaintiffs involved in multidistrict product liability litigation against Stryker Corporation and Howmedica Osteonics Corp. for complications involving the defective Stryker Modular Rejuvenate and ABG II Femoral Hip Implants. The settlement, one of the largest of its kind, will have an unlimited compensation fund and will potentially provide more than one billion dollars in restitution to the plaintiffs throughout the United States.

Judge Donovan Frank and Magistrate Judge Franklin Noel, who oversee the nationally coordinated Multidistrict Litigation (MDL) 13-2441, announced the global settlement between the MDL leadership representing several thousand plaintiffs in 39 states and Stryker Orthopedics and Howmedica Osteonics Corp. at approximately 3:15 pm (CT) today. The settlement will apply to victims who had revision surgery to remove the defective devices, regardless of whether they have filed their cases in a state or federal court.

"The Plaintiffs’ leadership in the MDL national litigation is pleased to announce that at last we have reached a settlement for our clients whose lives have been deteriorated, and in some cases destroyed, by the pain, disabilities, and revision surgeries brought on by these defective hip replacement devices," said Flowers, Chair of the Plaintiff's Lead Counsel Committee. "We have negotiated one of the largest medical device settlements with an unlimited compensation fund that could potentially reach more than a billion dollars in restitution. Taking care of our clients in this current settlement program now gives hope to future patients at risk for revision surgeries."

Flowers has been handling cases against Stryker since 2008, when he began to receive complaints from victims suffering from issues related to the hip replacement devices, similar to the complications from the metal-on-metal friction he was dealing with in the Depuy Orthopedics of Johnson & Johnson recall lawsuit.

"For a period of about five years, the medical device industry has flooded their products on the FDA so they could make large profits and in the process has injured thousands of people," Flowers said. "We are recovering money that this company has essentially stolen from the people, the economy, the government, and all injured parties."

About

The MDL Lead Counsel Committee is comprised of Peter Flowers, Ben Gordon, Genevieve Zimmerman, Annesley Degaris, Charles Zimmerman, Wendy Fleishman, and Eric Kennedy —together with the Plaintiffs Steering Committee (PSC)— remains committed not only to those who qualify for the settlement or choose to accept it, but also to the many other victims of these devices who don't qualify or choose not to participate.

For information about the Stryker MDL, visit www.stryker-mdl.com

9,000 Victims Developed Bladder Cancer

CHICAGO — Peter J. Flowers, of Meyers & Flowers Law Firm and Co-Lead Counsel for the Plaintiffs in the Illinois State Court litigation against Takeda Pharmaceutical Co., reached a $2.4 billion settlement today for 9,000 victims who developed bladder cancer while taking the manufacturer’s diabetes medication, Actos (pioglitazone). The plaintiffs involved in this case allege that Takeda concealed the risk of bladder cancer. This is the second largest settlement paid to victims, targeting side effects for a drug that is still on the market. Restitution will be paid to the 9,000 plaintiffs across the nation. In Illinois, the settlement will include nearly 4,000 victims who filed suits in Cook County.

“It has been determined that Takeda Pharmaceutical knew about the link between Actos and the risk of bladder cancer before this defective drug was released on the market more than a decade ago,” said Flowers, Co-Lead Counsel for the Plaintiffs in the Illinois litigation. “Takeda has a responsibility to physicians and patients to clinically test a drug and accurately warn them of potentially harmful side effects.”

Takeda, the largest pharmaceutical company in Japan, released Actos in 1999 and subsequently earned more than $16 billion in global sales of Actos since the launch. Actos is a drug designed to lower blood sugar levels in patients with type II diabetes. In June of 2011, more than 10 years later, the Food and Drug Administration (FDA) issued a warning about the risk of bladder cancer for long-term use of Actos, which was defined as using the drug for longer than a year. At that time, the FDA held off on a recall until they reviewed long-term studies that were currently in process to better determine the amount of bladder cancer risk in relation to the benefit of the drug lowering blood sugar levels for patients with diabetes. Simultaneously, France and Germany removed the drug from the market due to the risk of bladder cancer.

The victims have suffered excruciating pain as a result of bladder cancer, surgery to remove their bladder, chemotherapy, and recovery. The bladder cancer, in many cases, has altered their quality of life, spread to other organs, and robbed them of a normal functioning bladder.

“Due to Takeda’s negligence in informing the public of the cancer risk, this settlement will recover some compensation for the victims who have been injured and, in some cases, maimed by bladder cancer while taking Actos, a drug that was designed to improve their health, not make it worse,” Flowers said.

About

Led by Illinois Super Lawyer and former President of the Illinois Trial Lawyers Association Peter J. Flowers, our Meyers & Flowers team of experienced and creative trial attorneys & medical malpractice lawyers routinely take on large challenges and succeed. In addition to representing clients locally in Chicago and nationally in a full spectrum of cases involving catastrophic personal injuries, workplace injuries, and wrongful death, our team of top attorneys has taken the lead nationally in representing clients who are victims of defective medical products.

Frank Cesarone Negotiates More Than $15,280,000 for Victims of Defective Medical Devices

Over the past few months, trial attorney Frank V. Cesarone negotiated $12,938,000 in combined resolutions on behalf of a small group of individuals injured by a defective medical device. Due to his tireless efforts and fierce advocacy, Frank obtained the group settlement to cover the costs of his client’s corrective surgeries, follow-up care, and general damages for pain and suffering.

“The medical device industry had flooded the market with dangerous products so corporations can make large profits.  Sadly, in the process, these products have injured countless people,” said Frank Cesarone. “These large corporations will do anything possible to deflect liability for their actions and negligence, leaving innocent people who are seriously harmed without fair compensation for their pain and injuries. Holding these companies accountable is the first step, but there is a lot more to be done to stop these dangerous products from continuing to devastate unsuspecting patients’ lives.”

That same month, Frank Cesarone, alongside Peter Flowers, also earned a former professional athlete a multi-million-dollar settlement after he was injured by a defective product. The victim endured years of painful complications, physical limitations, and extensive medical treatments that stripped him of his normal life. 

Our team of product liability lawyers at Meyers & Flowers have a long, successful track record of prosecuting large corporate medical device manufacturers. For more than two decades, Meyers & Flowers has defended clients harmed by negligent companies. In 2010, Founding Partner Peter J. Flowers helped secure a historic $2.5 billion settlement against DePuy Orthopaedics of Johnson & Johnson for more than 8,000 patients suffering from defective ASR-hip replacement devices. Since then, the firm has continued its commitment to standing up for those injured and compassionately advocating to get our clients back on their feet.

If you or a loved one has experienced pain or injuries due to a medical device or dangerous product, we encourage you to seek legal representation to assist you in pursuing full financial compensation for damages. At Meyers & Flowers, our Chicago-based team of product liability lawyers can answer your questions and assist you with a case against the manufacturer. Contact us today for a free case evaluation online or by phone at (630) 232-6333. No fee unless we win or settle your case.