ClassActionLawsuits.biz

Enzyte Class Action Lawsuit

raiko — Sun, 13 Mar 2011 23:02:46 +0000

According to a recent class action lawsuit filed in California, Enzyte manufacturer, Vianda, LLC, “is hiding a dangerous secret that they don’t want you to know: Enzyte causes heart arrhythmia that could cause sudden death.” Not only is Vianda a party to the lawsuit but so is CVS Caremark Corp. a pharmacy retailer. They have been named for allegedly not warning consumers that Enzyte may be placing them at risk for this possibly deadly side effect.

The Enzyte class action lawsuit refers an late 2010 research study that was published in the Archives of Internal Medicine that revealed that study participants had a prolonged “QT interval,” which can reult in a higher risk of heart arrhythmia and sudden death. Even though dietary supplements are not regultaed by the FDAthe study found that Enzyte contains substances that can be as powerfull as some prescription heart rhythm medications. Erectile dysfunction is a widespread problem that countless numbers of men try to solve through dietary supplements and without consultation from a physician. This results in great risk to a large segment of the male population.

Enzyte is sold as a “once daily tablet for natural male enhancement” that is “trusted by over 5 million users.” So, according to the lawsuit, there are over 5 million male consumers have probably unknowingly been placed at higher risk for possibly deadly heart arrhythmia.

The lawsuit claims, “Despite the real threat of consumer death, [Vianda and CVS] provide no warnings of these potential side effects…This callous disregard for consumer health is inexcusable”.

The Enzyte Class Action Lawsuit is brought on behalf of all persons who purchased Enzyte in California for personal use and is seeking a refund of the $40 purchase price to all class members, among other relief.

Darvocet Class Action Lawsuit

raiko — Sun, 13 Mar 2011 22:47:04 +0000

The latest decision by the U.S. Food and Drug Administration (FDA) might be the end for one of the most widely utilized prescription drug painkillers in the United States and has most likely laid the foundation for many many lawsuits to be filed against the drug companies that have manufactured it. In November 2010, the FDA requested that all manufacturers of the drug known as propoxyphene voluntarily withdraw it from the U.S. market including all products that might contain the opiod drug. The determination put to rest many years of argument over the safety of the pain medication, which was first marketed to the general public back in 1957.

In early 2010 Xanodyne Pharmaceuticals, Inc., the principle manaufacturer of Darvon and Darvocet, conducted a research study that looked at the coronary effects of propoxyphene. The data revealed that even with only therapeutic doses of the drug given to healthy patients there was a risk of altered electrical activity in the heart, which could possibly result in sudden death. These findings changed the FDA’s risk/benefit assessment of propoxyphene and caused it to issue its withdrawal mandate.

A number of experts, however, maintain that the FDA’s decision came far too late, and may have cost thousands of people their lives. The consumer advocacy group known as Public Citizen has made two attempts to ban the drug. They first tried in 1978 and then again in 2006. Their petitions were supported by copious amounts of data that demonstrated the possibly deadly effects of propoxyphene. The Drug Abuse Warning Network (DAWN), has associated propoxyphene to more than two, thousand accidental overdose deaths between 1981 and 1999. In that same period, the drug was implicated in 5.6 percent of all drug-related deaths in the United States.

It’s alleged that pharmaceutical companies never warned the public of the heart issues associated with propoxyphene. That’s the allegation faced by Xanodyne in a Darvocet class action filed against the company in late 2010. It is thought to be the first legal action filed in the wake of the FDA’s request for withdrawal.

Ten million Americans were prescribed propoxyphene in 2009 alone. If you are one of them, and you experienced symptoms such as arrhythmia, atrial fibrillation, or an irregular heartbeat, you may be entitled to compensation from the drug’s producer. To help understand your legal rights and legal alternatives, you should discuss your injuries with a experienced lawyer or attorney.

Kia Optima Transmission Recall

raiko — Sun, 13 Mar 2011 21:23:52 +0000

March 11, 2011

Kia Motors will be recalling in excess of 70, 000 Optima midsize sedans to correct transmission complications that could cause the cars to roll even while they are in park. The vehicles are from the 2006 through 2008 model years and were produced from September of 2005 to June of 2007.

Kia says a cable can detach from the shifter assembly, and even though an driver puts the automobile in park, it would remain in the last gear that was utilized. The corporation says the cars can move if the motorist doesn’t make use of the parking brake.

Kia claims in documents filed with the National Highway Traffic Safety Administration that no injuries have been documented as a result of issue.

The recall is expected to begin this month.

Toro Snow Blower Class Action Lawsuit

raiko — Thu, 07 Oct 2010 21:23:18 +0000

Toro has recalled certain snow blowers due to possible fire hazards. Toro has received nearly 2,200 reports of carburetor leaks in certain blowers. So far no injuries or fires have been reported but there are possible risks.

The recall includes the Toro Power Clear 180 single stage snow blowers with the model numbers 38272 and 38282. The serial numbers that are included in the current recall are 310000001 through 310999999. There is a decal on the lower right side of the snow blowers that contain the model and serial number. It is recommended that you check your blower to see if it needs repair.

Pottery Barn Kids Drop-Side Crib Class Action Lawsuit

raiko — Thu, 07 Oct 2010 21:17:17 +0000

Pottery Barn Kids has recalled its Drop-Side Cribs for repair Due to possible Entrapment, Suffocation and Fall Hazards. The cribs drop-sides could become detach if hardware breaks, and can create a space in to which a young child or toddler could become entrapped possibly leading to suffocation. It’s possible a child could also fall out of the crib. The Drop side problems can occur due to incorrect assembly or because of age-related wear and tear.

CPSC and Pottery Barn Kids have so far received 36 reports of drop sides that have malfunctioned or detached. The result has been seven minor injuries when children either fell out of the cribs or their legs became caught between the mattress and the drop side. One child even became entrapped at the head between the drop side and crib mattress but was fortunately freed without injury.

T-Mobile Unlimited Data Plan Class Action Lawsuit

raiko — Thu, 12 Aug 2010 01:24:05 +0000

Should unlimited data plans from the phone company have caps? Well, T-Mobile subscriber Trent Alvarez doesn’t think so. He claims that no where in his contract does T-Mobile USA disclose the cap on their unlimited data plans. Mr. Alvarez exceeded 10GB and T-Mobile then limited his data throughput to 50Kbps. Mr. Alzarez is
claiming that T-Mobile is using false advertising when marketing it’s unlimited data plans and is filing a class action lawsuit in California.

Mr. Alvarez’s suit claims that after his data throughput was capped his phone became “essentially useless for anything other than making or receiving phone calls and text messages”. This is what is called bandwidth throttling. Basically the data provider claims unlimited usage but then, after a contract is signed, refers to the fine print on the last page of its brochure revealing that the data feed is actually capped.

The brochure says, “Your data session may be slowed, suspended, terminated, or restricted if you use your service in a way that interferes with or impacts our network or ability to provide quality service to other users.”

So, are consumers being misled by phone companies claims of unlimited data and phone usage? The class action lawsuit against T-Mobile USA thinks so. “Consumers are likely to be misled by T-Mobile’s promise of ‘unlimited’ data” the lawsuit states. The lawsuit is seeking an injunction against future deceptive advertising as well as monetary restitution for any money customers spent on the company’s phone plans and smart phones.

If you recall there was a similar lawsuit filed against Verizon a few years back in New York. Attorney General Andrew Cuomo alleged that the company had capped data usage even though they advertised unlimited plans. In the end Verizon settled out of court for $1 million. It should be interesting to see how T-Mobile responds in this case.

Chinese Drywall Class Action Lawsuit

raiko — Mon, 12 Apr 2010 01:00:06 +0000

A judge recently ruled that families that are part of a class-action suit against Chinese drywall manufacturers should receive damages of nearly $2.6 million. The suit could possibly set a precedent as many other cases are also making their way to trial. But, the effects are not so easy to predict, as the defendant, Taishan Gypsum Company, did not appear to defend itself.

The U.S. Consumer Product Safety Commission’s announced last week that all homes fitted with the Chinese drywall need to have all drywall removed, as well as all wiring or plumbing that has been corroded. Many homeowners affected by the drywall problems are left in a house that is possibly hazardous to live in and unmarketable. Many insurance companies have refused to pay for repairs due to the drywall claiming it is a manufacturer’s defect.

The fact that many homeowners cannot pay for the repairs themselves has created an issue of its own. In March of 2010, one lawsuit resulted in the insurance company being forced to pay for repairs, but it’s possible that the case will only apply to Louisiana.

In the meantime homeowners have been forced into one of three decisions. First, stay in the home, have the repairs made at their own cost and hope to be reimbursed. Second, stay in the house at risk of possible health and safety dangers. The third choice is to move out of their home and find another place to live while still paying for the first one. None of these choices are appealing to the home owners and they are stuck with unsellable homes in the meantime.

Lawnmower Class Action Lawsuit Settlement

raiko — Mon, 12 Apr 2010 00:49:48 +0000

A recent settlement of a class action lawsuit involving lawnmowers could be putting some money back in to your wallet. Buyers lawnmowers that were purchased between 1-1-94 and 4-12-10, and had a 30-horse power or less gas engine, may be eligible for a cash payment.

The settlement includes both walk-behind and riding lawn mowers made by numerous lawnmower engine manufactures. If the engine was made by:

Briggs & Stratton
Honda
Kawasaki
Kohler
Tecumseh
Toro

Or the lawnmower itself was made by:

Deere
EHP
Honda
Husqvarna
MTD
Sears
Toro

You may be entitled to a settlement payment. Some of the brands included are:

Yard-Man, Cub Cadet, Honda, Bolens, Exmark, Deere, Sabre, Scotts, Toro, Yard Machines, Craftsman, Troy Bilt, Husqvarna, Poulan, Poulan PRO, Lawn-Boy, Weed Eater, White Outdoor, Snapper, Simplicity, Brute, and Murray.

Lawnmower owners could be eligible for up to $35 for each walk-behind lawn mower purchased and up to $75 for each riding lawnmower purchased. The class action lawsuit settlement is a result of claims the mowers did not deliver on the horse power advertised by the engine makers.

E-Ferol Class Action Lawsuit

raiko — Mon, 12 Apr 2010 00:42:09 +0000

A federal judge recently approved a $110 million class-action settlement against the maker and distributor of an intravenous vitamin E supplement, E-Ferol, that government officials have said may be related to the deaths of dozens of premature infants in the mid-1980s.

U.S. District Judge Sidney A. Fitzwater recently approved the settlement which was filed in Wichita Falls in North Texas.

A Fort Worth Texas lawyer, Art Brender represented 369 plaintiffs and said that the supplement was on the market for four and half months before it was recalled in April 1984. Health officials have since linked E-Ferol to the deaths of up to 40 infants. Originally marketed as a way to prevent or reduce blindness in premature infants E-Ferol was sold without FDA approval.

Research has since determined the chemical agent which made the vitamin E water soluble was causing complications including kidney and liver failure in the infants.

“I think it’s one of the worst cases of corporate greed and malfeasance in history,” Brender said.

The drug which was manufactured by Carter-Glogau Laboratories of Glendale, Ariz., and its distributor O’Neal, Jones & Feldman Pharmaceuticals of Maryland Heights, Mo., are no longer in business. The attorney who representing the companies, said both stopped doing business about 20 years ago but that their liability insurance would pay the settlement.

Taylor said his clients were relieved to get a resolution.

One of the problems was that dosage instructions were unclear and the more doses an infant was given, the higher the probability of injury or death. Many children who received the supplement were not harmed most likely because they received a low dosage.

Indictments were handed down in 1987 for Carter-Glogau and its former president, Ronald M. Carter, along with the former president of O’Neal, Larry K. Hiland. They were convicted of conspiracy, marketing an unapproved drug and misbranding the drug. The company was fined $130,000 in 1989, and both executives were sentenced to 6 months in jail.

Toyota Class Action Lawsuit

raiko — Mon, 12 Apr 2010 00:31:21 +0000

An Orange County federal courthouse is now going to hear the hundreds of lawsuits against Toyota in one consolidated single class-action lawsuit. As most know by now, Toyota has recalled millions of vehicles and even halted the sale of some models of autos. The Toyota Prius model has been subject to recall recently as well due to problems with the braking system. The recalls and lawsuits started back in 2009 when an acceleration problem resulted in the high-speed crash of a 2009 Lexus ES350 near San Diego.

A California Highway Patrol officer and three members of his family were killed in the accident. Since then there have been numerous other claims of acceleration problems with Toyota vehicles.

Most of the lawsuits accuse Toyota of knowingly selling thousands of potentially defective autos over the last several years in California. Toyota has since recalled upwards of 8.5 million vehicles since last November because of problems ranging from defective floor mats that impede the motion of the gas pedal, gas pedals that stick and brake failure.