Monthly Archives: August 2013

Energy Drink Lawsuit

energy drink lawsuitThe trend of energy drink lawsuit claims are in the rise. For example, Monster Energy drink may be extremely dangerous, according to a growing number of energy drink lawsuit filings. These beverages, which contain large amounts of caffeine, along with other stimulants, may cause a wide variety of sudden, life-threatening side effects, including:

  • Caffeine toxicity or poisoning
  • Dehydration
  • High blood pressure
  • Heart palpitations
  • Cardiac arrest
  • Sudden Death

In October 2012, the U.S. Food & Drug Administration (FDA) began investigating five deaths possibly associated with Monster Energy drink. Just a year prior, the Drug Abuse Warning Network reported a tenfold spike in emergency room visits involving energy drinks. Nearly 70% of those cases involved children between 12 and 17 who consumed an energy drink on its own, without the addition of any drugs or alcohol. Thus, energy drink lawsuit claims are on the rise.

Gilman Law LLP, a leading consumer protection law firm with over 40 years of experience safeguarding the rights of victims, is investigating energy drink lawsuit claims on behalf of individuals who suffered life-threatening health problems following consumption of Monster Energy drink or a similar product. If your loved one died in a manner that suggests an energy drink was to blame, you may also be eligible to file an energy drink lawsuit for their wrongful death. For a free, no obligation evaluation of your energy drink lawsuit, please contact Gilman Law LLP as soon as possible.

Energy Drink Lawsuit Deaths

Energy Drinks are extremely popular, racking up more than $12 billion in sales in 2012 alone. Many of these products are marketed to teens, through social media, extreme sporting events, and the sponsorship of teen athletes. Shockingly, the FDA does not require the makers of energy drinks to list the exact amount of caffeine on their labels. Energy drinks are also not subjected to the relatively low caffeine limits that govern soda manufacturers, as they are regulated as dietary supplements, not foods.

According to the Monster Energy Drink label, the product contains 240 mg of caffeine, the equivalent to what would be found in seven cups of coffee. However, a Consumer Reports investigation published in October 2012 found that 27 of the most popular brands of energy drinks sold in the U.S. contained a different amount of caffeine than was on the label, or did not list the amount of caffeine at all. Some health experts say the caffeine content in energy drinks can be as high as 550 mg.

In October 2012, the FDA launched an investigation into five deaths possibly related to the consumption of Monster Energy Drink.  However, the agency noted that the reports don’t prove that Monster Energy Drinks caused the deaths, and has yet to take any action regarding Monster’s labeling.  In March 2013, however, the maker of Monster Energy Drink announced it would now sell the product as a beverage, rather than a nutritional supplement. The change means Monster will no longer be required to report any injuries or deaths possibly linked to the product to the FDA. However, it will be required to print caffeine levels on its cans for the first time ever.

While the FDA has yet to take action to protect consumers from the potentially harmful effects of energy drinks, a growing number of health advocates have called for much greater regulation due to energy drink lawsuit claims.  For example, the American Medical Association voted in June 2013 to adopt a policy supporting a ban on the marketing of energy drinks to anyone under 18 years old. Among other things, the group cited “massive and excessive amounts of caffeine that may lead to a host of health problems in young people, including heart problems,” in its call to action.

Legal Help for Victims of Energy Drink Lawsuit Victims

A number of energy drink lawsuits have already been filed against the maker of Monster Energy Drink. If you or a loved one suffered serious heart problems following consumption of Monster or a similar energy drink, you may be entitled to significant compensation. For a no-obligation evaluation of your potential energy drink lawsuit, please fill out our energy drink lawsuit form or call us direct to speak with one of our attorneys at (888) 252-0048.

Home Builder Employee Misclassification

Bricklayer Fitting Insulation To Newly Built Wall

Were you misclassified as an independent contractor while working in the home building industry? The consumer protection team at Gilman Law LLP is investigating allegations that major home builders around the country may have wrongfully classified laborers, title workers and others in an attempt to avoid payroll taxes, unemployment tax, and workers compensation expenses. If it is determined that you were misclassified as an independent contractor, you may be entitled to significant financial damages including back pay, unpaid overtime and other benefits. Major home builders targeted by Gilman Law LLP include:

  • D.R. Horton
  • KB Homes
  • Pulte Group
  • Lennar Corp
  • NVR
  • Toll Brothers
  • Hovnanian Enterprises
  • Ryland Group

Gilman Law LLP is offering free legal consultations to any worker in the home building industry who believes they may have been wrongfully classified as an independent contractor. To explore you legal options, please contact us today.

How Do I Know If I’ve Been Misclassified as an Independent Contractor?

A growing body of evidence indicates that major home builders may have made it standard practice to misclassify employees as independent contractors in order to keep their costs down. This may have been especially true at the height of the Great Recession, when the housing industry in the U.S. nearly ground to a halt. In 2011, the U.S. Department of Labor (DOL), IRS and a number of states began to scrutinize the employment practices at major home builders. Workers in this industry who are particularly vulnerable to misclassification include:

  • Carpenters
  • Plumbers
  • Roofers
  • Electricians
  • Construction Laborers
  • Title Workers

Independent contractors are considered self-employed, and taxes, including state and federal income taxes and payroll taxes, will not be withheld by their employer. An independent contractor is not entitled to collect unemployment compensation, and is not covered by minimum wage laws or workers compensation insurance. Contractors are also not entitled to overtime pay, generally one and half times the hourly rate, for time worked in excess 40 hours per week.

Classifying a worker as an independent contractor or “1099 Contractor” is legal in many circumstances. However, certain conditions must be met in order for a company to legally do so.  An independent contractor is generally in control of how and when they will work, and has the right to work for more than one client.  If you are classified as an independent contractor, the classification might be illegal if you are an integral part of their employer’s business, and your employer is the one who stipulates the days and hours you must work.

Independent Contractors and Workers Compensation

Independent contractors are never covered by workers compensation insurance. If your employer is telling you that you are an independent contractor, but you were hurt on the job and prevailed in a workers’ compensation claim, there is no doubt that this classification is legal.

Misclassified Workers May be Entitled to Unpaid Overtime, Additional Benefits

If it is determined that you were misclassified as an independent contractor, you could be entitled to significant damages including:

  • Unpaid wages and benefits
  • Unpaid overtime
  • Up to three times the above “economic damages” if the employer knowingly misclassified you as an independent contractor
  • Reasonable attorneys’ fees and litigation costs

What Should I Do if I Suspect My Employer Misclassified Me as an Independent Contractor?

If you have you have reason to suspect that your employer is misclassifying you as an independent contractor, it is vital that you seek legal help as soon as possible to ensure you receive all of the back pay, unpaid overtime, and other damages the law entitles you to. For a free evaluation of your case, please fill out our online form or call Toll Free at 1-888-252-0048.

Lipitor Diabetes Lawsuits


Lipitor, a popular statin drug used to help lower LDL or “bad cholesterol” has been linked to an increased risk of diabetes, especially in woman.  In 2012, information was added to the Lipitor label regarding its possible association with diabetes following a review by the U.S. Food & Drug Administration (FDA). One study published that same year found that post-menopausal women who take statins like Lipitor were nearly 50% more likely to develop Type 2 diabetes.

Gilman Law LLP, a leading consumer protection law firm with over 40 years of experience safeguarding the rights of victims, is investigating Lipitor lawsuits on behalf of individuals who developed Type 2 diabetes while being treated with this medication. If you or a loved one suffer from diabetes that may be related to the use of Lipitor, we urge you to contact Gilman Law LLP today to learn more about filing a Lipitor diabetes lawsuit.

Lipitor and Diabetes

Launched in 1996, Lipitor works by preventing the liver from creating an enzyme that helps the body produce cholesterol. According to Reuters, Lipitor was once the all-time biggest selling prescription medicine with cumulative sales in of more than $140 billion.  Generic versions of Lipitor became available in 2011.

In February 2012, the FDA ordered the makers of Lipitor and other statins to add new information to the Warning and Precautions section of the drug labels after research indicated the medications might put users at risk of developing Type 2 diabetes, especially in post-menopausal women.  The new warnings were added after a study conducted at the University of Massachusetts Medical School found that women who took statins were 50% more likely to develop diabetes compared to women who were not.  Those at greatest risk for developing Lipitor diabetes included women who are obese, have high blood sugar, or a family history of diabetes.

The study was, unfortunately, not the first to suggest a link between Lipitor and diabetes. One meta-analysis involving 13 separate studies that was published in June 2010 found that at statin users had a 9% increased risk for diabetes.  Another that was published in 2011 found that patients who took high doses of Lipitor or other statins faced an increased risk for the disease.

Unfortunately, the FDA’s Lipitor diabetes warning may have come too late for thousands of patients.  Type 2 diabetes is a serious disease that has life-long health consequences. Patients taking Lipitor should inform their doctor at once if they experience any symptoms of Lipitor diabetes, including:

  • Increased thirst or hunger
  • Increased urination
  • Unexplained weight loss
  • Unexplained fatigue
  • Blurred vision
  • Slow-healing sores or frequent infections
  • Areas of darkened skin

Legal Help for Victims of Lipitor Diabetes

A number of Lipitor diabetes lawsuits have already been filed in courts around the country. If you took Lipitor and were diagnosed with type 2 diabetes, you may be entitled to significant compensation.  For a no-obligation evaluation of your potential Lipitor lawsuit, please fill out our free consultation form or call us direct to speak with one of our attorneys at (888) 252-0048.






Nizoral Lawsuit

NizoralNizoral, a powerful antifungal treatment, has been associated with serious and life-threatening side effects, including:

  • Fatal liver injuries
  • Adrenal gland problems
  • Dangerous drug interactions

Because of the severity of these Nizoral side effects, the U.S. Food & Drug Administration (FDA) has limited the use of Nizoral oral tablets, warning that the medication should never be used as a front line treatment for ANY type of fungal infection. The agency also ordered the manufacturer of Nizoral tablets to add a “Black Box” warning – the most serious type of safety notice – to the drug’s label regarding its association with liver injuries, adrenal gland problems and dangerous drug interactions. Gilman Law LLP, a leading consumer protection law firm with over 40 years of experience safeguarding the rights of victims, is investigating Nizoral lawsuits on behalf of individuals who experienced any of side effects noted in the FDA’s recent alert. If you or a loved one suffered serious or fatal complications that may be related to the use of Nizoral tablets, we urge you to contact Gilman Law LLP today to learn more about filing a Nizoral lawsuit.

What is Nizoral?

Manufactured by Johnson & Johnson, Nizoral is a broad-spectrum antifungal medication that is used to treat fungal infections of the skin and nails. Nizoral works to weaken and kill fungus by blocking an enzyme that makes up a key component of the fungal cell membrane. While it is sold in both oral tablet and topical formulations, only Nizoral tablets have been restricted by the FDA. According to data from the agency, rough 12% of the 5.2 million prescriptions written for Nizoral in 2012 were for the oral formulation.

Nizoral and Fatal Liver Injury

According to a Drug Safety Alert issued by the FDA in July 2013, the oral tablet form of Nizoral has been associated with severe liver injuries that may necessitate a liver transplant or even lead to death. This Nizoral side effect has been seen in patients who take high doses of the drug for short periods of time, as well as those treated with lower doses over an extended period of time. While the issue was sometimes resolved with the discontinuation of Nizoral treatment, this was not always the case, according to the FDA. The FDA has warned that patients taking Nizoral tablets should contact their doctor right away if they experience any signs or symptoms of Nizoral liver injury, including:

  • Loss of appetite, nausea, vomiting, or abdominal discomfort
  • Fever, feeling unwell, or unusual tiredness
  • Yellowing of the skin or the whites of the eyes (jaundice)
  • Unusual darkening of the urine or lightening of the stools
  • Pain or discomfort in the right upper abdomen, where the liver is located


Nizoral and Adrenal Gland Problems

The FDA also warned in July 2013 that Nizoral tablets could decrease the adrenal glands’ production of hormones called corticosteroid. These hormones affect the body’s balance of water, salts and minerals. Symptoms which indicate that Nizoral may be having a negative effect on the adrenal glands include:

  • Fatigue
  • Weakness
  • Nausea, vomiting
  • Diarrhea
  • Loss of appetite
  • Weight loss

Nizoral and Dangerous Drug Interactions

According to the FDA, Nizoral tablets may also interact with some other medications, leading to life-threatening side effects, including heart rhythm problems. The FDA has warned that that the use of Nizoral is contraindicated with dofetilide (Tikosyn), quinidine, pimozide (Orap), and cisapride (Propulsid).

Legal Help for Victims of Nizoral Side Effects

Victims of Nizoral side effects and their families may be entitled to significant financial compensation. If you or a loved one took Nizoral tablets and suffered a serious liver injury, adrenal gland problems, or life-threatening drug interactions, it is important to seek legal help immediately. Gilman Law LLP is evaluating Nizoral lawsuits in all 50 states. For a no-obligation evaluation of your potential Nizoral injury claim, please fill out our free consultation form or call us direct to speak with one of our attorneys at (888) 252-0048.

Nizoral Liver Injury Threat, Other Dangerous Side Effects, Result in Strict FDA Limits on Oral Nizoral Tablets

nizoral-liver-injuryU.S. health regulators have placed strict limits on the use of oral Nizoral tablets after a review indicated the prescription anti-fungal medication causes potentially fatal liver injuries, as well as adrenal gland problems and dangerous drug interactions. In a communication issued on July 26th, 2013, the U.S. Food & Drug Administration (FDA) cautioned that Nizoral tablets should never be a first-line treatment for any fungal infection.

Nizoral, which is marketed by Johnson & Johnson, is also sold in topical formulations, including creams and shampoos. Those versions of the drug are not affected by the FDA’s new warnings.

While the FDA has taken drastic steps to limit the use of Nizoral tablets, it appears the drug will remain on the market in the U.S. However, European regulators have recommended that marketing of Nizoral tablets be suspended entirely. In a statement that was also issued on July 26th, the European Medicines Agency’s Committee on Medicinal Products for Human Use warned that the risk of Nizoral liver injury outweighs any benefits associated with its use.

Nizoral Liver Injury Warnings

According to the FDA, a new Black Box Warning regarding liver injury that may result in transplantation, or even death, has been added to the label of Nizoral tablets. A Black Box Warning is the FDA’s most serious drug safety warning, and signifies that medical studies indicate that the drug carries a significant risk of serious or even life-threatening side effects. Because of the risk of Nizoral liver injuries, the new Black Box label will state that the oral tablets should never be a first choice for treating fungal infections, and advises that Nizoral “is only appropriate for certain fungal infections, known as endemic mycoses, only when alternative antifungal therapies are not available or tolerated.”

The Black Box also includes a contraindication against the use of Nizoral tablets in patients who suffer from pre-existing liver disease, and removes indications for dermatophyte and Candida infections. It further states that Nizoral should only be used to treat certain other infections when other anti-fungal treatments have failed or are not tolerated.

The FDA deemed the new Black Box label necessary after it completed a comprehensive benefit-risk assessment of the safety and efficacy of Nizoral. Among other things, data retrieved from the FDA Adverse Event Reporting System indicated that the risk of Nizoral liver injury was higher compared to the risk associated with other antifungal medications. The FDA also reviewed a published study in the U.K. General Practice Research Database that suggested a risk of acute liver injury of approximately 1 in 500 patients. In addition, the agency said that an analysis of liver transplantation data indicated that Nizoral liver injury accounted for proportionately more liver transplants than liver injuries associated with other antifungal drugs.

Other Nizoral Side Effects

The Nizoral tablet label has also been revised to include a recommendation that doctors monitor adrenal function in patients who have existing adrenal problems or who are under prolonged periods of stress. According to the FDA, reports have indicated that the use of Nizoral tablets can decrease corticosteroid production and cause adrenal insufficiency. Finally, the label now states that the use of Nizoral tablets is contraindicated in patients taking dofetilide (Tikosyn), quinidine, pimozide (Orap), and cisapride (Propulsid). According to the FDA, all medications that a patient is currently taking should be assessed for possible interactions with Nizoral tablets, as it may interact with other drugs to cause serious and potentially life-threatening outcomes, such as heart rhythm problems.

Legal Help for Nizoral Injuries

Gilman Law LLP is offering free legal consultations to individuals who suffered liver injuries, adrenal gland problems, or dangerous drug interactions that may have been associated with the use of Nizoral tablets. To ensure the statute of limitations on their claim does not run out, potential plaintiffs should contact the firm immediately. Once the statute of limitations expires, Nizoral victims who haven’t filed suit will be unable to recover damages for their injuries. Free Nizoral lawsuit consultations are available by filling out the form on this page, or calling toll free at 1-888-252-0048.