Notable Cases
 

Vioxx
On September 2, 2004, Merck & Co., Inc. announced a voluntary withdrawal of Vioxx® from the U.S. and worldwide markets due to safety concerns of an increased risk of cardiovascular events (including heart attack and stroke) in patients on Vioxx®.

The withdrawal is a result of Merck's own long-term study on using Vioxx® to treat patients at risk of developing recurrent colon polyps. The study identified an increased risk of serious cardiovascular events, including heart attacks and strokes, among study patients taking Vioxx compared to patients receiving placebo.

Vioxx® is used to relieve the pain, tenderness, inflammation (swelling), and stiffness caused by arthritis and to treat painful menstrual periods and pain from other causes. Vioxx® is in a class of nonsteroidal anti-inflammatory medications (NSAIDs) called COX-2 inhibitors. It works by stopping the body's production of a substance that causes pain and inflammation. COX-2 inhibitors may cause less stomach bleeding and ulcers than similar medications, but the possibility for serious injury from these conditions still exists.

In June 2000, Merck submitted to the FDA a safety study called VIGOR (Vioxx Gastrointestinal Outcomes Research) that found an increased risk of serious cardiovascular events, including heart attacks and strokes, in patients taking Vioxx ® compared to patients taking naproxen. After reviewing the results of the VIGOR study and other available data from controlled clinical trials, the FDA consulted with its Arthritis Advisory Committee in February 2001 regarding the clinical interpretation of this new safety information. In April 2002, the FDA implemented labeling changes to reflect the findings from the VIGOR study. The labeling changes included information about the increase in risk of cardiovascular events, including heart attack and stroke.

If you or a loved one has been injured by Vioxx ®, you may be entitled to financial compensation. Please contact us to learn more!

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Zyprexa
Zyprexa (Olanzapine), which is prescribed for the treatment of schizophrenia and bipolar mania, has been linked to diabetes mellitus, hyperglycemia, pancreatitis and blood sugar disorders. There have been 288 reported diabetes cases in Zyprexa patients, with 23 of them being fatal.

Eli Lilly & Co. is accused of heavily promoting Zyprexa as a safe and effective drug for psychotic disorders, while virtually concealing the risks of side effects from doctors and from the patients themselves.

Zyprexa side effects are considered such a risk that in 2002, both the Japanese Health and Welfare Ministry and the Great Britain Medicines Control Agency issued emergency warnings concerning Zyprexa and diabetes-related complications.

However, the FDA has approved Zyprexa as safe and effective. Patients should realize that it could be dangerous to stop taking the medication, especially abruptly, and should talk with their physicians to decide whether the benefits and risks of taking Zyprexa make the product the right choice for them.

If you have suffered harm as a result of taking Zyprexa, the attorneys at Gancedo & Nieves can help. Please contact us today!

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Prempro
Prempro is a hormone replacement therapy (HRT) drug that has been used by many women to treat the symptoms of menopause. However, an extensive study of Prempro was halted on July 9, 2002 after the drug was found to pose serious health risks. Researchers noted that women taking Prempro were more likely to suffer from stroke, heart attack, and breast cancer. The study, known as the Women's Health Initiative, was in the fifth of a planned eight years when it was terminated.

Although there has been debate over the possible health effects of HRT for some time, many women have depended on drugs such as Prempro to help them deal with troubling symptoms of menopause. And Prempro did prove to guard against hip fractures and colorectal cancer. Unfortunately, the Women's Health Initiative found that Prempro's risks far outweigh its potential benefits. Prempro was to found to increase a woman's chance of stroke by 41%, cardiovascular disease by 29%, and breast cancer by 26%. These disturbing numbers prompted not only the ending of the Women's Health Initiative Prempro study, but also led to calls for women to stop using Prempro by the American Heart Association and the Journal of the American Medical Association.

If you have taken Prempro or another estrogen-progestin HRT drug, contact your doctor to discuss your options. In addition, if you have suffered harm as a result of taking Prempro, the attorneys at Gancedo & Nieves can help. Please contact us today!

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Bextra
Bextra is a powerful pain relief medication frequently prescribed to alleviate symptoms of rheumatoid arthritis, osteoarthritis, and menstrual cramps. A COX-2 inhibitor, Bextra is often touted as being gentler on the stomach than other non-steroidal anti-inflammatory drugs (NSAIDs), such as Advil and Aleve. However, no conclusive evidence has been found to back up this claim, and, like other COX-2 inhibitors such as Vioxx, Bextra has been found to cause many serious side effects and is currently being considered for a recall.

Those taking Bextra have reported stomach discomfort, indigestion, headache, upper respiratory infections, diarrhea, nausea, and tarry stools. Others have experienced more serious disorders, such as gastrointestinal bleeding, bloody vomit, and severe allergic reactions - including facial swelling, skin inflammation or irritation, and breathing problems. If you have experienced any of these adverse effects, discontinue use of Bextra immediately and consult your physician.

Bextra is NOT recommended for use by that those suffering from asthma, fluid retention, and various forms of heart and kidney disease, due to potentially life-threatening side effects that could result. However, Bextra continues to be prescribed even as it its safety is continually being questioned.

If you or a loved one became ill as a result of using Bextra, our attorneys can help. Contact us today and we will carefully review your case and discuss your right to compensation.

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O'Connor, et al. v. Boeing North American, et al.
Class and individual tort action on behalf of residence and property owners located in the greater Simi Valley areas seeking to recover damages for personal injury (including cancer and other serious diseases caused by exposure to radioactive substances) and property damage and the implementation of a comprehensive program of medical monitoring resulting from the release of toxic radioactive and carcinogenic substances into the environment of four facilities including the Rocketdyne Santa Susana Field Laboratory formerly used by defendants for the manufacturing and testing of nuclear and other military defense weapons. [BACK]

In re Burbank Environmental Litigation
Class action brought on behalf of residence and property owners located in the Burbank area surrounding Lockheed Aircraft Manufacturing Plant seeking to recover damages for nuisance arising from environmental remediation efforts at the site of massive toxic contamination and for the implementation of a medical monitoring and surveillance program needed as a result of exposure to hazardous toxic substances. Cemetery Cases In re Woodlawn Memorial Park Litigation, Class and private attorney general action brought under California Business and Professions Code on behalf of the general public and family members and close relatives of decedents buried at Woodlawn Memorial Park in Carson, California seeking to enjoin defendants from engaging in unlawful, unfair and fraudulent business practices and recover damages against the cemetery and the mortuary which arranged for the burial of decedents at Woodlawn Memorial based upon the unlawful removal and discarding of headstones, disinterment and relocation of bodies and recycling of graves sites. [BACK]

Martin Kratt v. Evergreen Memorial Care, Inc.
Class and private attorney general action brought under California Business and Professions Code on behalf of the general public seeking to enjoin Evergreen Memorial Care, Inc. from engaging in unlawful, unfair and fraudulent business practices and on behalf of family members and close relatives of decedents buried at Woodlawn Memorial Park in Carson, California seeking to recover damages against the cemetery and the mortuary which arranged for the burial of decedents at Woodlawn Memorial based upon the unlawful removal and discarding of headstones, disinterment and relocation of bodies and recycling of grave sites. [BACK]

Rezulin Litigation
Nationwide class action and individual tort actions on behalf of individuals who have ingested the type 2 diabetes drug Rezulin also known by it's brand name Troglitazone and have suffered liver damage and or liver failure as a result. On March 21, 2000 the Food and Drug Administration (FDA) announced it had asked Wyeth-Ayerst and Parke-Davis had agreed to remove Rezulin from the market. The FDA had determined severe liver toxicity was associated with the use of Rezulin and that the risk was greater than the risk of two other drugs that offered the same benefits as Rezulin. Our individual lawsuits seek compensatory and punitive damages against the defendants alleging the plaintiffs use of Rezulin caused serious liver damage or death. The class action lawsuit seeks to have the drug company, Warner-Lambert, pay the cost of medical monitoring necessary to detect latent liver disease. The United States Judicial Panel on Multidistrict Litigation recently ordered the transfer and consolidation of all of the pending federal Rezulin cases. U.S. District Court judge Lewis A. Kaplan of the Southern District of New York is overseeing all pretrial discovery and litigation in the federal cases. All California cases have been coordinated before Judge Ann Kough in Los Angeles Superior Court - Central Civil West. [BACK]

In re Diet Drugs Litigation
Gancedo & Nieves represents individuals who have ingested the diet drugs fenfluramine (Pondimin) and or dexfenfluramine (Redux) both of which were components of the diet drug combination popularly known as Fen-Phen. On August 28, 2000, U.S. District Court Judge Louis Bechtle gave final approval to a nationwide settlement of $3.75 billion dollars with American Home Products, the maker of Pondimin and Redux. In addition to the many clients Gancedo & Nieves represents which are participating in the settlement, Gancedo & Nieves also represents individuals with serious heart valve damage, pulmonary hypertension and primary pulmonary hypertension (PPH) which damage allegedly resulted from the ingestion of these drugs. Gancedo & Nieves is currently in settlement negotiations on these remaining claims. Pietras v. Johnson & Johnson Class action lawsuit brought on behalf of all persons who have been prescribed and ingested Cisapride (more commonly known by its brand name Propulsid), a drug designed to treat nocturnal heartburn, against Johnson & Johnson, Janssen Pharmaceutica and Janssen Research Foundation for economic damages. [BACK]

Pilot Overtime Wages Class Action
Gancedo & Nieves represents a class of insurance adjusters in a lawsuit alleging that the employer Pilot Insurance has failed to pay overtime wages to its adjusters nationwide since (date) the class has been provisionally certified and the settlement in excess of $7 million dollars is awaiting approval by the Federal Court. For a copy of the class notice which was sent out on (Date) click here. For more information, please contact Tina B. Nieves. [BACK]

Scott Gospodnetich v. Rite Aid Corporation
Class action brought on behalf of all residents of California who were employed as managers and assistant managers of Rite Aid Corporation and Thrifty Payless, Inc. between October 1994 to the present and who did not receive overtime compensation. Yawn & Maynard v. Crawford & Co. Class action lawsuit brought on behalf of all non-exempt adjusters and monitors of Crawford & Co. who performed adjusting services in connection with nationwide liability claims brought by growers of fruit, vegetables, flowers, decorative trees and other corps for damages resulting from the use of the fungicide Benlate® and who were not paid overtime in accordance with the Fair Labor Standard Acts and its implementing regulations. [BACK]

LaPoint v. Crawford & Co.
Class action brought on behalf of all nonexempt catastrophe adjusters and monitors of Crawford & Co. who performed adjusting services in California from 1990 to the present and who were not paid overtime in accordance with California Labor Code and its implementing regulations. [BACK]

Compact Disc Pricing Antitrust Class Action
Gancedo & Nieves represents the interest of direct purchasers in the ongoing class action litigation against EMI Music Distribution, Sony Music Entertainment Inc., Time Warner Inc., Universal Music and Video Distribution Corporation, Bertelsmann Music Group Inc., for price fixing on compact music disc sold throughout the United States. In Stuart Halper v. EMI Music Distribution, et al., was filed June 9, 2000, in the United States District Court for the Central District of California. The plaintiffs allege that the major United States Distributor of compact discs have conspired to raise fix and maintain artificially high prices on compact music discs in violation of the Federal Sherman Antitrust Act. The complaint asks for award of trouble damages to be distributed to all class members for the increased prices that the members of the class have been forced to pay for compact discs and for an injunction to prohibit this unlawful activity.

On May 10, 2000 the Federal Trade Commission announced that it has reached settlement agreements with Universal Music and Video Distribution, Sony Corp of America, Time Warner Inc., EMI Music Distribution and Bertelsmann Music Group (BMG) the five largest distributors of recorded music who sell approximately 85% of all compact discs (CD's) purchased in the United States to end their illegal advertising policies that affected prices for CD's. The FTC estimates that US consumers may have paid as much as $480 millions more than they should have for CD's and other music because of these policies over the last three years, said FTC chairman Robert Pitofski.

According to the FTC's complaints, the company's require retailers to advertise CD's at or above the "minimum advertised price" (MAP) set by the distribution company in exchange for a substantial cooperative advertising payments the restrictions apply to all advertising including television, radio, newspaper and signs and banners within the retailers own stores. The restrictions even apply to advertising funded entirely by the retailer. Under the policies, large music retailers would lose millions of dollars a year if they fail to follow the MAP restrictions. [BACK]

Florida State Board of Administration v. Northrop, et al.
lass action on behalf of stockholders of Northrop Grumman Corporation against Northrop and its Board of Directors for federal securities violations arising out of Northrop's Directors' at Hempts to misuse Northrop's proxy process in order to benefit themselves financially by obtaining Northrop shareholders' approval of a proposed merger which the Directors knew was certain to fail but did not disclose to the shareholders at the time shareholder approval for the merger was sought. [BACK]

Selk v. First Alliance Corporation
A securities class action brought on behalf of all purchasers of Class A common stock of First Alliance Corporation between April 24, 1997 and May 27, 1998, seeking to remedy violations of federal securities laws by First Alliance and certain of it's officers and directors. [BACK]

Riviera-Enid v. Imperial Credit Commercial Industries
Class action on behalf of the shareholders who have stock in Imperial Credit Commercial Mortgage Investment Corporation against Imperial Credit Commercial Mortgage Investment Corporation, Imperial Credit Commercial Asset Management Corporation, Imperial Credit Industries, Inc., and several of their corporate officers and directors for breach of their fiduciary duties regarding Imperial Credit Commercial Asset Management Corporation's Management agreement with Imperial Credit Commercial Mortgage Investment Corporation and Imperial Credit Commercial Asset Management Corporation's attempted acquisition of Imperial Credit Commercial Mortgage Investment Corporation's stock at a price which is grossly unfair to its shareholders. [BACK]

Dorothy Greenfield v. Michael Eisner, et al.
Action alleging stockholders' derivative claim on behalf of the Walt Disney Co. against current and former members of directors of Disney for breach of the fiduciary duties regarding the terms of an employment agreement with Michael Ovitz. Shuster v. Symmetricom A securities class action brought on behalf of all persons who purchased the common stock of Symmetricom, Inc. between April 6, 1993 and November 10, 1993, seeking to remedy violations of federal securities law by Symmetricom, Inc. and certain of its officers and directors. [BACK]

Rasachack v. First Alliance Corporation
A securities class action brought on behalf of all purchasers of Class A common stock of First Alliance Corporation between April 24, 1997 and May 27, 1998, seeking to remedy violations of California law by First Alliance and certain of its officers and directors. Brown v. PMI Mortgage Insurance Consumer class action brought on behalf of individuals who paid mortgage insurance premiums to PMI mortgage Insurance Co., who were mortgagees on a loan from Glenfed Federal Bank, F.S.B., and who at the time title transferred on the property by means of a short pay transaction, had pre paid mortgage insurance premiums on their loan, but were denied refunds on the unearned portions of prepaid mortgage insurance premiums. [BACK]

Brooks Brothers Litigation
Consumer class action brought against Brooks Brothers and Marks & Spencer, PLC to recover damages caused as a result of Brooks Brothers' offering clothing and other merchandise falsely labeled, at fictitious "sale" prices to consumers and conducting business deceptively as "Outlet stores". [BACK]

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