Category Archives: Current Investigations

Current investigations on pending and active cases.

Johnson & Johnson Talcum Powder Lawsuit – Jury Decision Awarding $117 Million

Johnson & Johnson Talcum Powder Lawsuit Attorneys at Gilman Law LLP Comment on Jury Decision Awarding $117 Million to Plaintiff in Baby Powder Mesothelioma Case

A jury in New Jersey’s Middlesex County Superior Court has ordered Johnson & Johnson and its talc supplier to pay $117 million in total damages to a man who developed mesothelioma following years of exposure to the company’s popular Baby Powder product.

According to court documents, the plaintiff’s exposure to Baby Powder dates back to 1972 when he was born. The talc-based powder continued to be a regular part of his personal hygiene routine until he was diagnosed with the deadly form of cancer.  His talcum powder lawsuit alleged that the talc used to manufacture Johnson & Johnson’s Baby Powder was tainted with asbestos and was the only possible explanation for his mesothelioma diagnosis. (Lanzo v. Cyprus Amex Minerals Co., L00738516, Middlesex Superior Court)

Mesothelioma Plaintiff Awarded $37 Million in Compensatory Damages, $80 Million in Punitive Damages

“The plaintiff in this case was able to produce a significant number of internal documents that indicated officials at Johnson & Johnson were concerned that asbestos was tainting its talc as early as 1969,” says Ken Gilman, founding and managing partner of Gilman Law LLP. “The company’s scientists even warned Johnson & Johnson to prepare for litigation if that information ever became public.”

Jurors deliberated for less than a day before finding Johnson & Johnson and Imery’s Talc America liable for the plaintiff’s pain and suffering, awarding him and his wife $37 million in compensatory damages on April 5, 2018. The plaintiff was awarded another $80 million in punitive damages on April 11th, after the jury determined that the defendants’ conduct showed willful and wanton disregard for his health.

Talcum Powder Ovarian Cancer Lawsuits

“This was the first time a jury has found for the plaintiff in a case involving Johnson & Johnson’s talcum powder products and mesothelioma,” says Mr. Gilman. “However, several juries had already awarded multimillion verdicts to plaintiffs who had filed talcum powder lawsuits against the company for ovarian cancer.”

More than 6,600 claims nationwide have been filed on behalf of women who developed ovarian cancer allegedly related to the long-term, daily application of Johnson’s & Johnson’s talc-based powders to the perineal area. So far, four plaintiffs have been awarded compensatory and punitive damage totaling more than $400 million, though two of those verdicts were recently dismissed.

Gilman Law LLP is providing complimentary lawsuit consultations to anyone who was diagnosed with ovarian cancer or mesothelioma that may be related to their use of Johnson & Johnson’s Baby Powder or Shower-to-Shower. For more information, please contact the firm today by visiting our website to fill out a free, no obligation case evaluation form, or call Toll Free at 1-888-252-0048.

About Gilman Law LLP

Gilman Law LLP, a leading pharmaceutical law and defective drug law firm, has been recognized for delivering successful results to their clients across a broad range of claims stemming from consumer product injury, mass tort, and class action lawsuits. For over 40 years, the Gilman Law LLP team of highly experienced lawyers has earned renown for tireless work on behalf of their clients on many of today’s most challenging and important legal issues.

Contact:
Gilman Law LLP
170 Milk Street, Fourth Floor
Boston, MA 02109
1-888-252-0048

Floridians Still Struggling with Hurricane Irma Insurance Claims

More than 6 months after Hurricane Irma destroyed homes and businesses throughout the state, many Floridians continue the fight to have their insurance claims paid.

“We have received not a cent,” Peter Rosa, a resident of Turkey Creek in Alachua, recently told his local ABC affiliate.

Every room in Rosa’s home had to be gutted because of Irma’s flooding. He has paid out-of-pocket for repairs, hoping to be reimbursed by his homeowners and flood insurance carriers.

So far, that hasn’t happened and Rosa is now less than certain that he’ll ever see reimbursement.

“I would tell you right now that there’s other people who don’t have the money in the bank to do the work themselves and then get reimbursed so they’re probably living with the damage in the house.”

Bad Faith Insurance Tactics

Insurance companies are for-profit enterprises, and they’re facing massive losses thanks to an active Atlantic hurricane season that spawned 17 named storms, including catastrophic hurricanes like Irma, Harvey and Maria.

Unfortunately, some insurers may engage in bad faith tactics to limit their losses, such as:

  • Refusing to investigate claims in a thorough and timely manner.
  • Engaging in stall tactics or subjecting policy holders to unreasonable payment delays.
  • Refusing to pay the full value of a claim.
  • Denying legitimate claims.
  • Relying an unreasonable interpretation of policy language.

Insurers May Be Using Settlement Checks to Limit Hurricane Irma Payout

In the wake of Hurricane Irma, some Florida insurers appear to be employing yet another means to limit payouts to their policyholders.

In January, the Sun-Sentinel reported that the settlement checks being issued by some companies – including Universal P&C, the state’s largest property insurer – included language stating that acceptance on the part of the policyholder released the company from any further obligations connected to the claim.

Consumer advocates are worried that this could keep many property owners from seeking payment for additional costs that come up during repairs – a fairly common occurrence.

Many legal experts believe this language is unenforceable, as Florida law stipulates that insurance companies, after paying “actual cash value” for an insured loss minus any applicable deductible, “shall pay any remaining amounts necessary to perform such repairs as work is performed and expenses are incurred.”

Are You Having Problems with Your Hurricane Irma Insurance Claim? Contact the Florida-Based Attorneys at Gilman Law LLP Today, and Get the Legal Help You Need.

The attorneys at Gilman Law LLP, many of whom have lived and worked in Florida for decades, have extensive experience assisting policyholders with hurricane damage, including claims for:

  • Storm surge
  • Wind damage
  • Water penetration
  • Roof damage
  • Mold remediation
  • Business interruption

If your business, home or condo was damaged in Hurricane Irma, and you believe your insurance company is acting in bad faith by unjustly denying, delaying or low-balling your claim, our attorneys can help.

For a free, no-obligation review of your case, please fill out our free consultation form or call us direct to speak with one of our attorneys at (888) 252-0048.

 

 

Securities Class Action Lawsuit Against Lumber Liquidators

 

March 2, 2015

Securities Class Action Lawsuit Against Lumber Liquidators

Gilman Law LLP is pursuing a securities class action lawsuit against Lumber Liquidators Holdings, Inc. (“Lumber Liquidators” or the “Company”) and certain officers and/or directors of the Company.

According to a filing in the U.S. District Court for the Eastern District of Virginia (No. 4:13-cv-00157) (“Virginia Case”) on behalf of all persons or entities who purchased or otherwise acquired Lumber Liquidators common stock (NYSE:LL) between February 22, 2012 and July 9, 2014, certain false and/or misleading statements were made by Lumber Liquidators in violation of federal law.

According to Lumber Liquidators’ website, the Company is headquartered in Toano, Virginia, has stores in 46 states, and is the nation’s largest retailer of hardwood flooring.

The Virginia Case against Lumber Liquidators is generally focused on two key areas of alleged misconduct. First, the plaintiff alleges that Lumber Liquidators made false and/or misleading statements and/or failed to disclose that certain of Lumber Liquidators’ products did not comply with applicable laws and regulations pertaining to formaldehyde emissions from composite wood products.

Second, the Wall Street Journal  previously reported, and the Company confirms in its securities filings, that federal authorities, including agents from the Department of Homeland Security Investigations and the Department of Justice, executed search warrants at the headquarters of Lumber Liquidators on September 26, 2013 looking for information relating to the importation of certain of its wood flooring products.  The Virginia Case alleges that Lumber Liquidators violated the Lacey Act, which bans the import and trade of illegally sourced wood products.  The Company notes in a recent securities filing that the Department of Justice is contemplating seeking criminal charges against Lumber Liquidators under the Lacey Act.

On March 1, 2015, 60 Minutes ran a story focusing on the excessive formaldehyde levels contained in certain laminate flooring Lumber Liquidators purchased from manufacturers in China.  As reported by 60 Minutes, certain of those manufacturers admitted that certain flooring manufactured for Lumber Liquidators was not CARB Phase 2 compliant even though it was labeled as such. CARB Phase 2 compliant refers to compliance with certain California formaldehyde emissions standards.

If you are an investor who purchased Lumber Liquidators common stock on or after January 1, 2011, and continues to hold any of the stock purchased as of the present date, and suffered a loss or would like more information concerning Lumber Liquidators’ products, then please contact Gilman Law LLP today, at 1-888-252-0048 or www.investment-losses.com, to ensure your legal rights are not forfeited.

 

 

About Gilman Law LLP

Gilman Law LLP, a leading financial law firm, has been recognized for delivering successful results to their clients across a broad range of claims stemming from securities class actions and derivative actions to consumer product injury lawsuits.  For over 40 years, the Gilman Law LLP team of highly experienced lawyers has earned renown for tireless work on behalf of their clients on many of today’s most challenging and important legal issues.

Contact: Kenneth G. Gilman

1-888-252-0048

Eli Lilly, Endo Pharmaceuticals Reach Tentative Testosterone Settlements to Resolve Axiron, Testim Lawsuits

Eli Lilly and Endo Pharmaceuticals have reached tentative agreements to settle hundreds of testosterone lawsuits involving Axiron, Testim and other male hormone replacement treatments.

Testim and Axiron Lawsuits Stayed Pending Testosterone Settlement Talks

The claims, which are among more than 6,000 testosterone lawsuits centralized before U.S. District Judge Matthew Kennelly in the Northern District of Illinois, where filed on behalf of men who suffered heart attacks, strokes, and blood clots (including deep vein thrombosis and pulmonary embolism) allegedly due to the side effects associated with prescription testosterone replacement therapy.

The proposed Axiron settlement was disclosed in December. While no details of the agreement have been made public, the Court has stayed all proceedings involving Axiron cases until March 31st to facilitate settlement discussions.

The tentative agreement to resolve Testim lawsuits and other claims involving Endo Pharmaceutical’s testosterone products was announced in February. The proposed settlement would also cover claims pending against Endo’s Auxilium subsidiary and GlaxoSmithKline, which co-promoted Testim from 2012 through 2015. In addition to Testim, Endo’s other testosterone replacement drugs include Foresta, Testopel, and Striant.

All testosterone lawsuits involving the Endo defendants have been stayed for 45 days while the parties work to finalize the settlement agreement.

While terms of the proposed Endo testosterone settlement remain confidential, the company recently announced that it had increased its legal reserves by $200 million, in part due to the proposed agreement.

Testosterone-Induced Heart Complications

Prescription testosterone products include:

· Androderm
· AndroGel
· Axiron
· Bio-T-Gel
· Fortesta
· Striant
· Testim
· Testopel

Millions of men have been prescribed these drugs to relieve symptoms associated with age-related drops in testosterone, including low libido, weight gain, fatigue and reduced muscle mass. However, the medications have never been approved for this purpose, and are only indicated to treat men who have been diagnosed with hypogonadism (low testosterone) secondary to another medical condition.

Plaintiffs who have filed testosterone lawsuits claim that sales of AndroGel, Testim and other drugs in this class were driven by misleading advertisements that characterized prescription testosterone replacement therapy as a safe and effective remedy for age-related symptoms. They further claim that the drugs’ manufacturers concealed their association with serious cardiovascular problems and failed to adequately warn doctors and patients about their possible heart risks.

In March 2015, the U.S. Food & Drug Administration (FDA) required all testosterone drug manufacturers to update their product labels with information about a possible increased risk of heart attack and stroke. The mandate followed the agency’s review of several studies, including one that linked testosterone replacement therapy to a 40% increased risk for heart attack, stroke or death. In men aged 65 and older, the risk more than doubled within the first 90 days of treatment. The risk almost tripled in men under 65 who had a history of heart disease.

Contact an Attorney Today

Gilman Law LLP is aggressively investigating testosterone lawsuits involving heart attacks, strokes and blood clots. For a no-obligation evaluation of your case, or to learn if you might qualify to participate in a potential testosterone settlement, please fill out our free consultation form or call us direct to speak with one of our attorneys at (888) 252-0048

Takata Issues Over-Due Airbag Recall, As Gilman Law LLP Urges Those Allegedly Injured by Exploding Airbags to Seek Legal Advice Now

Takata Issues Over-Due Airbag Recall, As Gilman Law LLP Urges Those Allegedly Injured by Exploding Airbags to Seek Legal Advice Now

Gilman Law LLP, a leading law firm representing the victims of defective automobiles and other

consumer products, is investigating Takata airbag lawsuits, following the recall of more than 34 million

vehicles outfitted with potentially defective and deadly airbags. According to the National Highway

Traffic Safety Administration (NHTSA), Takata airbags, which are installed in, among others, Honda,

Toyota, Ford, GM, and Nissan vehicles, can explode violently when they deploy, sending shrapnel flying

into a car’s passenger compartment. Such accidents have been tied to at least six deaths and more than

100 injuries.

Gilman Law LLP is currently representing a 40-year-old Massachusetts woman who lost an eye after the

Takata airbag in her Honda vehicle allegedly exploded upon deployment. Our attorneys believe that she

and other individuals who sustained injuries in similar accidents may be entitled to significant financial

compensation. However, potential claimants should be aware that all personal injury claims, including

Takata airbag lawsuits, are subject to strict statutes of limitations that vary by state. Individuals seeking

to file suit against Takata are urged to contact Gilman Law LLP today, TOLL FREE at 888-252-0048, to

ensure that their right to recovery is not placed in jeopardy.

The Takata Airbag Recall

According to the NHTSA, Takata has agreed to a national recall of certain types of frontal driver and

passenger side air bag inflators used in vehicles manufactured by BMW, Chrysler, Daimler Trucks, Ford,

General Motors, Honda, Mazda, Mitsubishi, Nissan, Subaru and Toyota. These inflators were made with

a propellant that can degrade over, which could cause the airbag to explode upon deployment. Faulty

Takata airbags have been blamed for six deaths worldwide, and more than 100 injuries.

The New York Times reported on May 19th that Takata was aware for over a decade that ammonium

nitrate, the explosive material used in its airbags, was sensitive to moisture and temperature swings. As

early as 2000, consumers filed complaints with the NHTSA suggesting that Takata airbags were

rupturing. As awareness of the problem grew at Takata, company officials ordered tests in 2004 that

showed signs of defects. But the test results were never reported to federal safety regulators.

According to Gilman Law LLP, alleged victims of Takata airbag injuries may be entitled to recover

damages for:

Takata Airbag Lawsuit

Takata Airbag Lawsuit

  • Past and future medical expenses
  • Physical pain and suffering
  • Mental anguish and emotional distress
  • Past and future lost wages
  • Wrongful death for fatalities caused by exploding Takata airbags
  • Punitive damages, if it is found that Takata or others engaged in egregious misconduct

Gilman Law LLP is providing complimentary Takata airbag lawsuit consultations to anyone who was

seriously injured due to an exploding airbag. For more information, please contact Gilman Law LLP today

by visiting our website, www.gilmanlawllp.com, to fill out a free, no obligation case evaluation form, or

call Toll Free at 1-888-252-0048.

About Gilman Law LLP

Gilman Law LLP, a leading pharmaceutical law and defective drug law firm, has been recognized for

delivering successful results to their clients across a broad range of claims stemming from consumer

product injury, mass tort, and class action lawsuits. For over 35 years, the Gilman Law LLP team of highly

experienced lawyers has earned renown for tireless work on behalf of their clients on many of today’s

most challenging and important legal issues.

Contact:

Kenneth G. Gilman

Gilman Law LLP

8951 Bonita Beach Road, S.E. Suite #525

Bonita Springs, FL 34135-4208

1-888-252-0048

kgilman@gilmanlawllp.com