Class Actions - San Diego

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If you or a loved one have been a victim of mass tort including Baycol, Propulsid or Ritalin in San Diego, contact the attorneys at Dougherty, Hildre & Haklar today.


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Overview of Civil Law
Mass Tort/Class Actions
Baycol
Propulsid
Ritalin
Vioxx

Overview of Civil Law
When a consumer is injured it is a normal reaction to look for the source or reason for the personal injury. In many cases, the personal injury is entirely the fault of the individual injured, but often the cause of the personal injury can be traced to the behavior or acts of someone else or to a defective product. A person, persons or company can be held legally responsible for the personal injury on one or more legal theories, and these theories are described in very general terms as follows.

Tort
A tort is a private or civil wrong or personal injury resulting from a breach of a legally recognized duty. This area of law developed as a result of society's expectations regarding the behavior of individuals, groups of individuals and society's desire to protect the injured person or persons from avoidable harm.

One type of tort simply alleges someone was negligent. For a legal remedy to be available to an injured person or persons based on this negligence, a series of legal "elements" must be met. First, a legal duty must be owed; second, that legal duty must have been breached and finally, there must be some cause and effect relationship between the breach of the duty and the personal injury or harm sustained. An example of negligence would be if the manufacturer of a medical device, such as a titanium hip replacement prosthesis, fails to adequately clean the oil left on the metal from manufacturing. Suppose that the glue used to secure the device to the bone won't stick to the titanium because of the oil and that the device becomes loose after it's implanted in the patient. The manufacturer may be deemed negligent for not cleaning the devices more carefully.

Another area of tort law is termed "product liability." It differs from negligence in that the manufacturer and even at times distributors and resellers of a product may be held responsible for personal injuries that occur as a result of use of the product even if they weren't negligent. It is essentially liability without fault when a dangerously defective product is released into the stream of commerce and a user of that product is injured.

An example of product liability would be a prescription drug manufacturer selling a prescription drug, which is found to cause complications or injury to an individual or individuals taking the drug. Even where the manufacturer used great care and was not negligent, those injured by the product may have a remedy based on this legal theory.

Mass Tort/Class Actions
When more than a few persons are injured by the same negligent acts or the same defective product, their collective injury is often called a mass tort. This means nothing more than a number of persons have a similar enough story and similar enough injuries so that it is more economical for all concerned to look at remedies for them as part of a group.

One distinct advantage of mass tort litigation for the consumer is that one personal injury attorney or group of personal injury attorneys can represent many persons at the same time. All the investigative and preparation work done for one is transferable to the others and this is very efficient. Often a network of personal injury attorneys across the country will work together by sharing information and responsibility for the work required to successfully represent their respective clients.

The courts play an important part in promoting efficiency in mass torts by consolidating all the cases before one judge, which assures that all the injured persons will receive fair and consistent treatment.

Some examples of mass tort litigation include cases involving medical devices, such as orthopedic hip replacements, breast implants, pacemaker wires and latex gloves. Other examples include a wide range of consumer products, such as prescription drugs, food supplements, tires or household products and disasters such as airplane crashes.

Mass tort cases are often inappropriately called "class actions." While some are, the requirements for a true class action are stringent and reserved for only a minimum number of appropriate situations. All class actions are essentially mass tort actions, but the reverse is not true. A judge must approve a true class action and a number of stringent procedural rules must be followed. One person or a small group of persons are chosen as representatives of the entire class. The facts of the individual injuries cases within the class must be so common and so typical that every class member will be treated fairly and appropriately when represented by the class representative(s). A number of the current tobacco lawsuits have been certified as class actions.

What is your recourse if you have been injured?
The explanations given above are not intended to be legal advice but are presented as a brief introduction to tort and contract law. You are not represented by an attorney by reading the information above even if you contact an attorney as a result of visiting this web site. You must enter into an agreement in writing with the personal injury attorney, often called a retainer agreement, before the personal injury attorney can represent you. Also, certain time limits exist between the time of injury and when a personal injury lawsuit can be brought. If you believe you have been injured and may have a legal remedy available to you, contact a personal injury attorney immediately to avoid the expiration of the time within which you can file a lawsuit. Many lawsuits against manufacturers of a product begin as a result of a problem or complaint by an individual consumer with or without any advance publicity about the problem. Contact a personal injury attorney if you believe you have been harmed by a dangerous or defective product or by the negligence of someone associated with the manufacture or distribution of that product.

Baycol attorneys in San Diego

What is Baycol?

Baycol, generically known as cerivastatin, is a member of a class of drugs called statins that are commonly prescribed to aid in lowering cholesterol levels. Statins work by blocking an enzyme in the liver, which generates the kind of cholesterol that can clog blood vessels.

Why was Baycol Recalled?

On August 8, 2001, Bayer Pharmaceutical removed the cholesterol-lowering drug, Baycol, from the U.S. market after reports of 31 deaths were linked to the drug. The Food and Drug Administration (FDA) announced that Bayer was voluntarily withdrawing Baycol from the market because of reports of death due to an adverse muscle reaction called rhabdomyolysis. Of the 31 reported deaths due to rhabdomyolysis, 12 involved the concomitant use of gemfibrozil. Although all statins have been linked to rare cases of rhabdmyolysis, a significantly higher number of fatal rhabdomyolysis cases have been associated with the use of Baycol.

What is Rhabdomyolysis?

Rhabdomyolysis is a potentially life threatening condition that results in muscle cell breakdown and the release of the contents of the muscle cells into the bloodstream where it would normally be filtered by the kidneys. However, if too much of the muscle cell material enters the bloodstream, it can reduce the blood flow to the kidneys and block their ability to function resulting in kidney failure. According to the FDA, the symptoms of rhabdomyolysis include muscle pain, weakness, tenderness, fever, dark urine, nausea and vomiting. The lower back and calves are the most frequently affected areas of the body.

What Can You Do?

The San Diego-based Ritalin attorneys at Dougherty, Hildre, & Haklar can help you pursue a case if Ritalin has caused injurious side effects. If you believe you or someone near you has been misdiagnosed with ADD or ADHD and has been prescribed Ritalin as a result, please contact one of our Ritalin lawyers in San Diego, California.

Propulsid attorneys in San Diego

What is Propulsid?

Propulsid, generically known as Cisapride Monohydrate, is commonly prescribed for heartburn due to gastro esophageal reflux disease (GERD). Propulsid, which is manufactured by Janssen Pharmaceutical, a subsidiary of Johnson & Johnson, was removed from the market on July 14, 2000.

Why Was Propulsid Recalled?

Since Propulsid’s approval by the Federal Drug Administration (FDA) in 1993, serious side effects have become associated with the use of Propulsid. At the FDA’s request, Janssen Pharmaceutical discontinued marketing Propulsid on July 14, 2000. The severe side effects include ventricular tachycardia (V-Tach), ventricular fibrillation, torsades de pointes and QT prolongation. These conditions are usually diagnosed by an EKG (Electrocardiogram) performed by a doctor. Between 1993 and 1999, 300 cases of serious arrhythmia and 100 deaths were reported to be associated with the use of Propulsid.

Does the Concomitant Use of Other Drugs Increase the Risk of Serious Side Effects?

The risk of serious side effects increases if certain drugs are used concurrently, including anti-depressants, anti-arrhythmics, antibiotics and grapefruit juice. Cases of serious side effects have been reported in people taking Propulsid with fluconazole, miconazole, erythromycin, clarithromycin, itraconazole and ketoconazole.

What Can You Do?

If you, a friend, or a family member developed cardiac arrhythmia or any other serious problems while using Propulsid, contact us. We can help you determine what your next steps should be.

Ritalin attorneys in San Diego

What is Ritalin?

Ritalin, generically known as methylphenidate, is a prescription drug manufactured by Novartis. It is a medication commonly prescribed to children who are diagnosed with Attention Deficit Hyperactivity ("ADD") or Attention Deficit Hyperactivity Disorder ("ADHD"). Ritalin is an amphetamine-like drug, which is classified as a Schedule II controlled substance.

Opium, cocaine and morphine are also Schedule II controlled substances.

If incorrectly prescribed, Ritalin is a drug with the potential to harm innocent children. Our Ritalin lawyers in San Diego can help award just compensation to those harmed by this drug.

What Are the Side Effects of Ritalin?

Ritalin can be addictive and its use may lead to detrimental side effects including:

Potentially life threatening cardiovascular problems such as irregular heart beats and respirations, palpitations, changes in heart rate and blood pressure, hypertension, arrhythmia, chest pain and cardiac arrest

Central Nervous System problems such as toxic psychosis, psychotic episodes, drug dependence syndrome with severe depression upon withdrawal, anxiety, paranoia, hallucinations and delusions, excessive repetition of movements and meaningless tasks, formication (sensation of bugs or worms crawling under the skin), insomnia, dysphoria and dyskinesias

Gastrointestinal problems such as loss of appetite, nausea and vomiting, abdominal pain and digestive problems

Pituitary Dysfunction such as weight loss, growth suppression, anemia, skin rashes and itching

Some Statistics

Over the past five years, Ritalin prescriptions have skyrocketed. According to health statistics:

At least six million American children take Ritalin regularly to treat ADD/ADHD

Approximately 90% of children on medication for ADD/ADHD are taking Ritalin

Ritalin production increased well over 700% during the 1990s

Approximately 90% of Ritalin prescriptions are written for children under five years of age

What Can You Do?

Pursuing a medical negligence or dangerous drug case of this sort can be a complicated procedure. Having the experience and skill of a seasoned Ritalin lawyer from San Diego in your corner will help you receive the just compensation you deserve. The Ritalin attorneys of San Diego's Dougherty, Hildre, & Haklar can give you the help you need for success in your Ritalin case.

If you are in the San Diego area and believe you or someone near you has been misdiagnosed with ADD or ADHD and has been prescribed Ritalin as a result, please contact one of the Ritalin lawyers in San Diego at Dougherty, Hildre, & Haklar.

Vioxx

On September 30, 2004, Vioxx was voluntary withdrawn from U.S. and worldwide markets by its manufacturer, Merck. Vioxx was originally approved by the FDA in 1999 to relieve pain stemming from arthritis, menstruation, and other sources. Vioxx is a NSAID, similar to ibuprofen and naproxen.

Vioxx Side Effects

Vioxx was withdrawn because of increased risk of suffering a heart attack, stroke, and other cardiovascular problems. If you have been taking Vioxx, consult your physician immediately. If you have been injured because of Vioxx, contact our Vioxx attorneys in San Diego, California.

Vioxx Lawsuits

An experienced Vioxx lawyer is available to handle your case. If you have suffered injury after taking the prescription drug Vioxx, you may be entitled to compensation for damages. Time is critical, however, for the success of a Vioxx lawsuit. An attorney should be contacted immediately. The law firm of Dougherty, Hildre & Haklar is currently handling Vioxx lawsuits for victims in San Diego, California and the surrounding area. Protect your rights. Contact our Vioxx attorneys today for more information.

2550 Fifth Avenue, Suite 617 San Diego, CA 92103-6624 (619) 817-8024 Fax: (619) 232-7317

Dougherty, Hildre & Haklar handle personal injury, wrongful death, car accident,
defective products, class action and maritime lawsuits in San Diego, California