In recognition of American Heart Month, which kicks off tomorrow (Feb. 1st), and National Wear Red Day (Feb. 3rd), LawyersandSettlements.com takes a look at our most-viewed drug lawsuit topics for 2011 in which heart attack or heart side effects were the alleged primary injuries.
Unfortunately, while a lot of focus this month will be on the positive measures we all can take to improve heart health—and that’s certainly important—it can be easy to overlook the negative heart side effects some drugs can have—and attention should be given to those as well.
As the chart at left depicts, Actos, Paxil and Zoloft accounted for the majority of 2011 traffic related to heart side effects, with Actos receiving the most at 25 percent. The Type 2 diabetes drug was released as an alternative to Avandia, which as you’ll recall came off pharmacy shelves as a result of the new FDA REMS program that became effective in November, 2011. Still, Avandia came in as the fourth most popular heart lawsuit topic.
Paxil, the popular antidepressant, has been linked to heart birth defects in infants and the drug drove in 18 percent of traffic last year. Ditto Zoloft, which accounted for 10 percent of the pageviews among readers concerned over the potential for heart birth defects.
The ten prescription drugs on the list fall into four distinct classes: Actos and Avandia are prescribed for the treatment of Type 2 Diabetes; Vytorin helps to control cholesterol, which has a direct impact on heart health; Trasylol is used during surgery to mitigate blood loss; the remaining drugs address depression and anxiety.
Reader interest in Prozac, Lexapro, Effexor, Celexa, Zoloft and Paxil shows continued concern surrounding pregnant women using selective serotonin reuptake inhibitors (SSRI) drugs and potential heart birth defects.
Here’s the full list:
Top 10 Drug Lawsuit Topics for Heart Side Effects in 2011
*SNRI (serotonin-norephinephrine reuptake inhibitor) or SSRI (selective serotonin reuptake inhibitors) drugs associated with heart birth defects when taken during pregnancy
Top Class ActionsOk, this one’s not a Class Action, but it’s news you should know about…Actos (pioglitazone) made the news this week with the launch of a nationwide Actos lawsuit filed by people who have taken the diabetes medication and allege it is associated with the development of bladder cancer. Although the risk for bladder cancer isn’t exactly news, the filing of the lawsuit is—it is not a class action, rather each qualifying individual will seek damages consistent with the merits of his or her individual case.
If you have or are taking Actos and are interested in this suit, you must meet basic criteria including that you have actually taken the drug and developed bladder cancer, sadly.
Actos is one of the most popular diabetes drugs in the world. Recently, however, studies have shown that Actos use is linked to serious side effects, particularly bladder cancer. These studies show that the longer one takes Actos, the greater the risk of developing bladder cancer. As a result of this mounting scientific evidence, the FDA has issued warnings regarding Actos and bladder cancer. In France, the French Agency for Safety of Health Products recalled Actos from the market on June 9, 2011. Regulators in Germany recommended that physicians not prescribe it.
FYI—time limits exist that limit the amount of time you have to join the lawsuit, so if you think you may have a claim check it out now.
Oh Happy Honda—or not—as the case may be. A federal court has approved a settlement of a defective product class action filed against American Honda Motor Co. Inc. The lawsuit alleges that Honda failed to fix or warn customers that the sun visors in its hugely popular Honda Civics were defective.
Specifically, the Honda Civic sun visor lawsuit claims that defects on the sun visors on some Honda Civics caused the visors to split apart, possibly impairing their function. The class action lawsuit also alleges that Honda should have corrected the defective sun visors or should have disclosed the defect at the time of sale. Yes, but that would have been the right thing to do.
You are eligible as a class members of the “Honda Civic sun visor class action” if you are a U.S. resident who are current or former owners or lessees of one of many Civic models, including but not limited to all 2006-08 Civic. There are MANY more models which you can check out here.
Here’s another relevant detail, as part of the settlement, Honda has agreed to extend the warranty on sun visors on Class Vehicles to seven years or 100,000 miles, whichever first occurs. Wait—there’s more—Honda has also agreed to reimburse Class Members for out-of-pocket expenses incurred prior to the Effective Date of the settlement for the repair or replacement of a sun visor or sun visors on Class Vehicles. If you are a class member, you are eligible for a cash reimbursement if:
Another one for the books—the real estate trust Dynex Capital Inc, has agreed to pay $7.5 million to settle a New York class action lawsuit over securities in the sale of bonds backed by thousands of loans on manufactured homes.
In March 2011, U.S. District Judge Harold Baer issued one of the few decisions to ever have certified a class of investors pursuing federal fraud claims in connection with the sale of asset-backed bonds. The case is an important one for investors because it provides a road map for prosecuting fraud claims involving other asset backed bonds on a class-wide basis.
The lawsuit was filed in 2005 by Teamsters Local 445 Freight Division Pension Fund and Dynex lost multiple attempts to have the case thrown out of Court. The settlement still must be approved by Judge Baer of the U.S. District Court, Southern District of New York.
The Plaintiff charged that Dynex, its subsidiary Merit Securities Corp., and senior executives at both companies lied about the quality of mobile home loans that were collateral for bonds sold as Merit Series 12-1 and Merit Series 13 from Feb. 7, 2000 to May 13, 2004.
According to the lawsuit, Dynex and its representatives made misleading statements that artificially inflated the value of the bonds, understated the amount of delinquencies and repossessions affecting the bonds and violated its own publicly stated underwriting guidelines in making poor-quality loans. Defendants also made false statements about the deteriorating performance of the downgraded bonds because the company was scrambling to protect itself in the midst of a dramatic financial collapse, the lawsuit charged.
Ok—That’s it for this week. See you at the bar—that’s poolside baby.
That’s the question someone posted over at Answers.com—aka, wikianswers. And there it sits with zero answers—which should pretty much state the obvious, that, no, there is not an Actos class action lawsuit*. There may well be Actos lawsuits, however.
And therein lies the crux of what many type-2 Diabetes patients who are currently taking Actos are finding themselves asking. After all, Actos became to go-to drug—starting back in 2007–when drug-of-the-same-class Avandia started to come under fire. Doctors began switching patients, many of whom probably asked for the switch themselves, over to Actos. Needless to say, as more and more information became available regarding Avandia adverse events, Actos became the favored child of the family, so to speak—the lesser of two evils.
Even with the halting of the TIDE study—which compared Avandia vs Actos—over ethical concerns about continuing a study that involved a drug, Avandia, with potentially very serious side effects—the default takeaway message appeared to be, “switch to Actos”. It was only after the dust began to settle and the FDA had chimed in on Avandia’s fate that attention began to drift back over to Actos.
Recently, an article in Cardiovascular Business showed just how great the switchover to Actos has been:
“Even after the class-wide FDA black box warning for congestive heart failure was added in 2007, pioglitazone [Actos] use was largely unchanged and it was prescribed Read the rest of this entry »
So Avandia has been stayed from execution—for now—by virtue of a majority vote by an expert panel of experts brought together by the US Food and Drug Administration (FDA) that debated the drug’s safety and efficacy for two days this week. The Type 2 diabetes drug that has been under much fire for the past couple of years was further challenged by the long-awaited gathering which ended with a vote to leave Avandia, manufactured by GlaxoSmithKline (Glaxo), on the market for the time being.
But the victory for Glaxo is muted.
While the panel voted 20-12 to leave Avandia on the market, it will not likely be left alone. That’s because at least half of those voting ‘yay,’ according to the July 14th edition of the Wall Street Journal (WSJ), tied their vote of support to increased restrictions on a drug that has already faced significant reduction of sales since 2007. Supporters of the drug who voted to keep Avandia on the market indicated after the vote that they only did so due to the lack, they said, of hard evidence with regard to potential harm.
They also said Avandia should be used only as a drug of last resort.
That’s good news for rival Actos, manufactured by Takeda Pharmaceuticals. Even though both Avandia and Actos carry black box warnings for fluid retention and the ensuing risk for heart failure, Avandia is thought to carry a greater risk for heart attack than its rival.
So much so, in fact, that the FDA directed the advisory panel to put that matter to a vote, pitting Read the rest of this entry »


