Articles Posted in Class Action

By Dani Kass

Law360, New York (September 27, 2017, 3:05 PM EDT) — The Philadelphia Federation of Teachers Health and Welfare Fund has filed a potential class action in Pennsylvania state court, joining a string of parties accusing Endo International PLC of fraudulently marketing its opioid painkillers as safe and effective for chronic pain.

The health fund on Monday claimed the Opana ER and Percocet maker furthered the opioid crisis by spending millions of dollars a year advertising its painkillers for long-term use despite having no proof that such use was effective and knowing there were severe addiction risks. The complaint alleges violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, unjust enrichment, breach of implied warranties and civil conspiracy.

Japanese manufacturer Takata Corporation recently admitted that its airbags are defective, NBC 10 News reported.

More than 34 million vehicles fitted with Takata airbags have been recalled because the defective canisters can rupture upon impact and spew shrapnel into the vehicle. The defective airbags have resulted in at least six deaths worldwide and hundreds of injuries.

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Is a car with no airbags safer than a car with faulty airbags? Japanese automakers believe so, according to Huffington Post.

Following a massive airbag recall of millions of vehicles with potential airbag malfunction problems, auto makers in Japan advised they will turn off the airbags in the affected vehicles.

Drivers can bring the recalled vehicles back to the dealer and have the airbags “turned off” until the replacement part is ready. This action is meant as a temporary remedy to a defect that can cause some airbags to rupture in the event of a crash and shoot shrapnel at drivers and passengers.

Some people — especially people needing certain drugs to prolong their lives or end severe pain – think that the FDA drug approval process is slow and tiresome. According to a recent study, the FDA approves drugs faster than either Canada or Europe. Does this surprise you?

Is that good news or bad news?

The Prescription Drug User Fee Act (PDUFA) of 1992 was passed to expand the FDA resources devoted to reviewing applications for novel therapeutics for humans and to ensure drug safety. The FDA is able to collect user fees for each new drug application in order to support what is needed as part of the review process. Nevertheless, performance standards have been associated with higher rates of black box warnings and drug withdrawals.

The website philly.com reported in an account on March, 25 2009 that Philadelphia community groups and city council members urged the city’s law department to sue the drugstore chain CVS for continually selling expired products and exposing the public to unsafe drugs in Pennsylvania.

Shelley Smith, city solicitor, was called upon during the City Hall Press conference to follow California and New York legal action suits taken against CVS. CVS was sued in December by New York State for the sale of expired products. Edmund Brown, California’s Attorney General, requested in June 2008 that the pharmacy remedy its problem after coming across 26 Southern California stores. Currently, California is pursuing suing CVS.

Lance Haver, Philadelphia Community Affairs Director, said, “CVS should spend the money it needs to clear the shelves of expired products that are putting our children at risk.”

An article published on philly.com discussed the revelations contained in the deposition of Jim Sullivan III. Sullivan is a Gloucester County real estate broker who acquired a contaminated building and rented it out as a day-care center.

The deposition revealed that Sullivan did not feel an environmental cleanup was necessary despite the fact that the building was once home to a thermometer factory with a history of mercury spills. Testing later revealed that the property contained hazardous vapors 27 times the acceptable limit. Mercury was also detected in cracks and crevices of the floors and ceilings.

Mercury and most of its compounds are extremely toxic and can be inhaled and absorbed through the skin and mucous membranes. Exposure to mercury vapors has been known to cause profound central nervous system effects. In children, the vapors have been known to cause neurological and kidney dysfunction.

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