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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.

CHICAGO— In accordance with a draft Plan of Compromise and Arrangement filed with the Quebec Superior Court today in the CCAA case for Montreal Maine and Atlantic Canada Co. (MMAC), nearly $200 million in settlement funds will be distributed to the victims of the Lac-Mégantic, Quebec train derailment disaster that occurred on July 6, 2013. According to the trustee for Montreal Maine and Atlantic Canada Ltd. (MMA), MMAC’s U.S. parent company, a similar plan will soon be filed in the MMA chapter 11 case. In addition, the parties continue to pursue additional settlements with parties who are not yet contributors, failing which litigation will continue against those parties with the goal of materially increasing the settlement fund.

“We are pleased to finally reach a partial resolution and settlement for the victims of the train derailment disaster,” said Robert Keach, the appointed trustee for the MMA bankruptcy case. “Due to the diligence and respect by all parties associated with this plan in Canada and the United States, we have put forward a favorable resolution. With continued diligence by all parties, the settlement amount will be significantly higher.”

The settlement is subject to approval by the courts presiding over the MMA and MMAC cases. Upon approval, the settlement funds will be split and distributed to the following parties:

• The Wrongful Death Claimants, including 48 deceased victims and their families
• The Personal Injury and Moral Damages Claimants
• Property and Economic Damages Claimants
• Insurer Claimants
• Government Claimants

“Our litigation in Illinois played a dramatic role in increasing the amount of funds that will be distributed to our clients who are the families of the deceased victims of the Lac-Megantic disaster,” said Peter Flowers, wrongful death plaintiffs lawyer of Meyers & Flowers Law Firm in Chicago, who is working directly with Attorney Jason Webster, of the Webster Law Firm in Houston. Flowers and Webster represent the plaintiffs who died in the train disaster and their families. Attorney Mitchell Toups of Beaumont, Texas, is also involved in the legal representation of the wrongful death victims.

“We have driven the value in the wrongful death estate higher than our clients would have received under Canadian law,” Flowers said. “But, this is just the beginning of the settlements for our clients, as there are three huge contributors to this disaster, including World Fuel Services, Canadian Pacific Railway, and Irving Oil. And they are not yet contributing a penny to this resolution. We will turn over every stone on earth before we give up on them and intend on pursuing them in Illinois and any other state to ensure that they are brought to justice and held responsible for this disaster.”

Maragos was awarded $43.5 million for the premature and unnecessary end to his NFL career due to the improper care of his right knee injury by his medical team.

The verdict highlights the need for accountability to prevent similar incidents from repeating to professional athletes across all sports.

PHILADELPHIA – A Philadelphia jury ruled today that renowned orthopedic surgeon Dr. James Bradley and national rehabilitation institute Rothman Orthopaedics are responsible for the premature and unnecessary end of former Philadelphia Eagles team captain Christopher Maragos’ NFL career. The closely-watched medical malpractice case could have implications for the treatment of professional athletes across professional sports.

The civil case revolved around a meniscus tear that Maragos’s medical team failed to treat and the medically negligent decision to advance his rehab, further damaging the knee. During the two week trial, the jury heard testimony from key experts in orthopedic medicine, as well as Maragos’ former teammates Nick Foles, Trey Burton and Jordan Hicks. Among other convincing evidence, Maragos’s legal team proved at trial that Rothman Orthopaedics created two separate medical charts for Maragos, one of which failed to include key notes about his injury and recovery.

“On Sunday, my team played the Superbowl, and I could only watch and wonder whether I could have been out there with him had I received proper medical care,” said former Philadelphia Eagles Team Captain Chris Maragos. “While I live in constant pain and will never get back on the field, I hope this decision sends a message to teams’ medical staffs that players are people, not just contracts.”

“This verdict will not bring back Chris’ NFL career, but we are grateful the Maragos family finally got a measure of justice,” said Peter J. Flowers, Partner at Meyers & Flowers. “But, this is only the beginning in our effort to demand further accountability for professional sports franchises and ethical treatment for athletes. This jury’s verdict serves as a reminder that any team’s doctor, in any sport, who jeopardizes the well-being of its players due to contractual obligations or financial incentives, will be held accountable for their misconduct.”

Maragos suffered a right knee injury during a game on October 12, 2017, against the Carolina Panthers. The injury was diagnosed as a torn right knee posterior cruciate ligament (PCL). Dr. Bradley performed a surgical repair of Maragos’s right knee and then oversaw and directed the post-operative treatment with the support of Rothman Orthopaedics.

In May 2018, an MRI revealed that Maragos’s injury had been getting worse and that he was suffering from a persistent partial tear. As testified to during the trial, Dr. Bradley and Rothman Orthopaedics should have held off on advancing Maragos’s activities in light of the results of this MRI. Instead, they released Maragos, allowing him to advance his rehab to include running on dry land. These activities, ordered by Bradley and administered by Rothman, resulted in undue stress on Maragos’s knee, leading to further complications and, ultimately, the premature end of Maragos’s NFL career.

“This case and this jury may have changed the course of history by now forcing these team doctors and trainers to stop worrying about when a player might return to play and start thinking about the next 50 years of a players life,” said Dion G. Rassias, Attorney at The Beasley Firm.

Chris Maragos was represented by Peter J. Flowers and Frank V. Cesarone of Meyers & Flowers, along with Dion G. Rassias and Jill Johnson of The Beasley Firm, a Philadelphia-based law firm. Maragos started his career with the San Francisco 49ers before winning the Super Bowl as a Seattle Seahawks player in 2014. He then signed a three-year contract to play for the Eagles in 2014.

About Meyers & Flowers

Led by Illinois Top 100 Super Lawyer and former President of the Illinois Trial Lawyers Association, Peter J. Flowers, the Meyers & Flowers team of experienced trial attorneys routinely take on large challenges and succeed. For more than two decades, the firm has represented clients both locally in Chicago and nationally in a full spectrum of cases involving catastrophic personal injuries, medical malpractice, workplace injuries, and wrongful death.

About The Beasley Firm

Established in 1958, The Beasley Firm has represented countless injury victims and has won more than $2 billion in compensation – something that few other law firms can truly match. Their Philadelphia personal injury and trial lawyers are passionate about advocating for the catastrophically injured: those who have lost loved ones, family members or those tragically hurt in a serious accident.

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.

$12 Million Medical Malpractice Settlement for 7-Year-Old Boy With Cerebral Palsy Who Suffered a Severe Brain Injury Because His Physicians Failed to Diagnose His Seizures

Meyers & Flowers trial attorneys Craig D. Brown and Peter J. Flowers recently finalized a $12 million medical malpractice settlement for a 7-year-old boy after his physicians negligently failed to diagnose and stop his seizures while he was a patient at a northern Illinois hospital for 36 hours. 

Adam was diagnosed with cerebral palsy when he was 2 years old. His cerebral palsy caused many significant physical and cognitive disabilities. In the spring of 2016, Adam was a second grader who had worked very hard to learn how to walk with a walker, read some picture books, and feed himself with his fingers. Although Adam could not speak very well, he loved going to school with his friends. He enjoyed an extremely close relationship with his parents and siblings and absolutely loved singing songs with his older sister when he got home from school. Although his disabilities required him to be dependent on adult supervision, Adam worked hard in physical therapy to develop physical and cognitive skills that maximized his level of independence and, thus, his ability to enjoy his life as much as possible.    

On May 2, 2016, at approximately 3 am, Adam’s family awoke to him having a tonic-clonic (grand mal) seizure. They administered his rescue medications, but his body did not stop violently shaking, so they rushed him to the Defendant’s hospital, which was only 2 minutes away. Immediately upon arrival, Adam was given an IV administration of medications that stopped his convulsive seizures right away. The seizure and the medications caused Adam to stay asleep for 3 hours while he was in the emergency room. This initial period of unresponsiveness is not unusual because his body needed time to recover from such a significant seizure. However, when Adam failed to wake up by 7 am, he was admitted to the hospital for observation. 

Over the next 24 hours, Adam remained unresponsive and made no progress toward returning to his baseline level of alertness. He also showed obvious signs that his brain was still seizing even though his body was not shaking, including having a high fever, muscle tightening, and an elevated heart rate. Adam’s mother, a registered nurse, repeatedly asked the doctors and nurses to order an EEG throughout the day, which could determine if his brain was still seizing, but his physicians did not order the EEG until 7 pm. 

Although no abnormalities were noted in the initial EEG, Adam was still unresponsive, so a pediatric neurologist practicing telemedicine from Florida agreed to monitor the continuous EEG that ran overnight and into the next morning. The next day, almost 36 hours after Adam arrived at the hospital, his doctors reviewed the entire EEG strip for the first time and determined that Adam’s brain had been seizing on and off the entire time he was in the hospital.      

After being transferred to a Wisconsin pediatric hospital via helicopter, Adam was diagnosed with a catastrophic global brain injury due to more than 36 hours of intermittent seizing. The tragic experience cost him every ounce of the autonomy he had worked so hard to gain since the day he was born. Now almost six years later, Adam is confined to a wheelchair, and he takes all his food through a G-tube. 

Meyers & Flowers trial attorney, Craig Brown, filed a medical malpractice lawsuit against several of Adam’s doctors and the hospital that employed them because they failed to diagnose his continued seizures in a timely manner. Over the last 4 years, the Meyers & Flowers team, led by Craig Brown and Peter Flowers, devoted their full resources to aggressively litigating Adam’s case as efficiently as possible despite potential delays that could have been caused by the Covid-19 pandemic.   

“The hospital staff’s failure to use reasonable care caused our client to suffer a massive brain injury that could have been prevented had they simply ordered an EEG by 9 am when it was obvious something was wrong,” said Craig Brown. “The EEG would have shown Adam was still seizing, and his doctors would have administered standard anti-seizure medication that would have effectively and permanently stopped his seizures before any brain damage occurred.” 

Conversely, the doctors and the hospital aggressively defended the case for 3 years and denied they deviated from the standard of care. Their team alleged it was reasonable for the physicians to expect Adam’s “sleepy” period to last for 12-24 hours because his severe seizure at home had lasted many hours. Records taken by the nursing staff indicating Adam was “sleepy but arousable” and a lack of recommendations for an EEG from a consulting pediatric neurologist from Wisconsin strengthened the Defendants' arguments. 

“The Defendants’ main strategy was to convince our jury that Adam’s seizure at home led to his devastating brain injury and the continued seizures he had for 36 hours at their hospital miraculously did not cause any harm because these seizures were not the type of seizures that can cause the brain injury Adam suffered,” said Mr. Brown.  

In order to meet their burden of proof, the Meyers & Flowers team hired twenty different expert witnesses from the best medical institutions in the United States to evaluate the complex medical issues regarding what Adam’s doctors did wrong and why Adam’s brain injury was caused by the undiagnosed seizures at the hospital, not by his seizure at home. Furthermore, Mr. Brown and Mr. Flowers had the added challenge of explaining to the jury how Adam’s life was severely and permanently impacted by this new brain injury, even though his cerebral palsy caused profound physical and cognitive disabilities before his seizure events. 

“This is one of the most complex medical cases any trial lawyer could handle,” said Mr. Flowers. “Thus, we presented the case to several different focus groups, and we conducted a mock trial so we had a very good idea how our jury was going to react to the evidence we would have presented at trial. The information we learned from our focus groups and our mock trial helped us evaluate our case and counteract all the Defendants’ arguments.”      

After a full-day mediation, the parties agreed to a settlement of $12 million to be paid partially by the hospital and one of the Defendant’s liability carriers. “It was an honor and privilege to represent Adam and his family in this case,” said Mr. Brown. “I am so thankful we were able to obtain justice and fair compensation for Adam. We are now working with Adam’s parents to create an Irrevocable Trust that will protect and grow Adam’s settlement funds. We are so pleased to be able to help them retrofit their home with Hoyer lifts, a therapy pool, and other amenities that will help Adam make the best recovery possible. Adam will now be able to receive the best medical care and rehabilitation services for the rest of his life.”  

“Craig did a great job of representing Adam – representing him before and after. For me it was so important for everyone who was involved in this case to get to know Adam. You could see his injuries listed on paper, but everyone needed to grasp the part of our son that was there before which we lost. And Craig really did that. Craig took the time to understand all of our hopes, dreams, and aspirations for our son’s quality of life going forward, so that he could be a good advocate for all that Adam truly lost. Craig really cared about Adam and was working for him in hopes of giving him a better life through the outcome. Now we have the ability to help make his quality of life all that we had wished for because of the fantastic work of the team,” said Adam’s mother. 

If you or a loved one were injured due to the negligence of a doctor or hospital, contact us today to explore your legal options. Contact our office at (630) 232-6333 or request a free case evaluation online. 

$10 Million Resolution for Family of Man Killed in Industrial Accident

In January of 2015, Meyers & Flowers received a phone call from Julie concerning a lawsuit she had filed against a major US corporation. Julie’s husband Joe was killed in an industrial accident inside a Chicago-area plant. When Julie spoke to attorney Craig Brown, she was frustrated by the slow progress of her case. Her attorney at the time had only completed three depositions during the 20 months the case had been pending, and the defendant had not yet made any settlement offers. Julie asked the litigation team at Meyers & Flowers to take over her case.

Over the next 19 months, Meyers & Flowers’ Craig Brown and Jon Mincieli completed 53 depositions, researched, retained and presented eight expert witnesses for deposition. The team also deposed three expert witnesses hired by the defense and conducted four mock trials. Ultimately, our attorneys negotiated a $10 million settlement with the defendant that was approved by the Court five weeks before the case was scheduled to begin.

"Joe was an amazing husband and father,” said Craig Brown. “As soon as we took over the case, we knew the best way to help Julie, and her family was to develop an extremely aggressive litigation plan and move this tragic case to trial as quickly possible. Powerful U.S. corporations, such as the one we were facing, never offer fair compensation unless they know the plaintiff has properly prepared the case for trial."

"Craig and I dedicated the full resources of our firm to push this case to trial as aggressively as possible,” said Jon Mincieli. “Representing this family was one of the highlights of my career. I was honored and privileged to be in a position to help them recover not only fair compensation but also closure to litigation that was unnecessarily delayed before our involvement."

Meyers & Flowers has decades of experience fighting for the victims of workplace injuries and wrongful deaths. If we can be of help to you or a family member, contact us at [email protected] or at (630) 232-6333.

$8.1 Million Wrongful Death Settlement Secured with Chicago Hospital

Meyers & Flowers secure $8.1 million settlement in wrongful death suit against John H. Stroger Jr. Hospital of Cook County.

Chicago, IL – August 21, 2024 – Meyers & Flowers Trial Attorneys Craig D. Brown and Thomas M. Connelly recently secured an $8.1 million settlement against John H. Stroger Jr. Hospital of Cook County.

Our client, John*, presented to the emergency room at Stroger Hospital suffering from left shoulder and abdominal pain following a minor car crash a few days earlier. After physical exam and diagnostic imaging were completed, John was diagnosed with a splenic laceration and was admitted for overnight monitoring.

The following day, John’s condition worsened, and he exhibited many signs and symptoms of internal bleeding, including an elevated heart rate, decreased hemoglobin, nausea, and difficulty breathing. Despite the clear signs and symptoms of internal bleeding, John was kept in the observation unit and was not transferred to the ICU for increased monitoring.  Sadly, after complaining for several hours, John coded and died.

After being contacted by John’s family, Attorney Brown and Attorney Connelly quickly filed a lawsuit against Stroger Hospital, successfully pleading around potential tort immunities that would have protected Stroger Hospital, a unit of local government, from liability.

Stroger Hospital argued that it did not deviate from the standard of care and that John’s death was unexpected and unforeseeable because no testing revealed John suffered from internal bleeding when he arrived at the hospital.

However, early in the discovery process, Mr. Brown and Mr. Connelly established a timeline of events demonstrating that Stroger Hospital failed to respond to John’s worsening condition despite several nurses sounding the alarms about internal bleeding concerns. Attorney Brown and Attorney Connelly successfully proved their timeline by eliciting helpful testimony from Stroger Hospital’s own employees.

Ultimately, Mr. Brown and Mr. Connelly built a strong case that revealed Stroger Hospital ignored the obvious warning signs of John’s active internal bleeding and failed to respond with one of several reasonable options, including sending John to the ICU or sending him to the operating room to remove his spleen.

In initial settlement discussions, the hospital attempted to diminish John’s family’s claim due to the low economic damages available. However, the Meyers & Flowers team rightfully established that John’s children suffered intense grief as a result of losing their father’s love, affection, and care. Because of Mr. Brown and Mr. Connelly’s vigorous and efficient efforts, the family was able to find closure and settle the case within 7 months of filing their lawsuit.

“This was an avoidable tragedy. While nothing can replace the damage our client’s family has suffered, we are hopeful that this settlement brings some well-deserved closure to the family and will provide for John’s children in the future,” said Attorney Brown.

Craig D. Brown, Thomas M. Connelly, and the entire team of trial lawyers at Meyers & Flowers have earned a reputation for relentlessly pursuing justice for people who have been seriously injured or killed by wrongful conduct. 

If you or a loved one has experienced negligent medical care, we want to hear from you. Call Meyers & Flowers at 630-576-9696 for your free, no obligation case evaluation.

About Meyers & Flowers

Led by Illinois Top 100 Super Lawyer and former President of the Illinois Trial Lawyers Association, Peter J. Flowers, the Meyers & Flowers team of experienced trial attorneys routinely take on large challenges and succeed. For more than two decades, the firm has represented clients both locally in Chicago and nationally in a full spectrum of cases involving catastrophic personal injuries, sexual abuse, medical malpractice, product liability, and corporate litigation.

Contact us today at 630-576-9696 for your free, no obligation case evaluation or click here.

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Media Contact:

Nicole Dykas, Director of Marketing

Phone- 630-232-6333 | Email- [email protected]

*Name has been changed for privacy and confidentiality purposes.