Poligrip class action

Poligrip is a widely known and very popular denture adhesive used by millions of people.  A main ingredient of the denture adhesive, and of another brand called Fixodent, is zinc.  Doctors are finding possibilities of links between zinc and Hypocupremia, Hyperzincemia, neuropathy and zinc poisoning.  GlaxoSmithKline, who manufactures Poligrip, removed zinc from the product in February 2010, but that hasn’t stopped a Poligrip class action from forming in the meantime.

A 2008 study published in the American Academy of Neurology stated that excessive and chronic use of denture creams containing zinc may lead to serious neurological damage.  Nearly 35 million Americans use denture cream adhesive, and Fixodent and Poligrip are the two biggest brands.  Poligrip is made by GlaxoSmithKline and Fixodent is made by Proctor and Gamble.  In 2009, a Fixodent class action lawsuit as well as a Super Poligrip class action lawsuit were filed in the State of Tennessee.  Plaintiffs in the Poligrip class action allege that the denture cream adhesive packaging had no warnings of high levels of zinc.

The human body does need some zinc, but levels consumed by denture wearers using Poligrip or Fixodent are way higher than recommended levels.  Zinc is ingested or absorbed through the mouth or gums.  Too much zinc will lower the levels of copper in the body, causing neuropathy, zinc poisoning or other neurological problems that could cause the user to become disabled.

Plaintiffs in the Poligrip class action against  GlaxoSmithKline are Michael Lowe and Marlon J. Bond.  Sandra Williams, Diane M. Bates and Retha Jones are the plaintiffs in the denture cream lawsuit against Procter & Gamble.

Punitive Damages Sought in BP Oil Spill Class Action Lawsuit

August 20, 2010 a new development in the BP oil spill lawsuit broke the news.  A new BP oil spill class action lawsuit was filed on US District Court in New Orleans, seeking punitive damages from BP and other companies involved in drilling oil in the region, from the Macondo well.  The BP oil spill lawsuit was filed on behalf of Corliss Gallo, a landowner on Grand Terre Island.  His property was damaged by the oil spill, and trampled by the cleanup efforts that followed.

Defendants named are BP, Transocean Ltd., Cameron International and Halliburton, who are accused of “gross negligence and willful, wanton, and reckless indifference for the rights of others.”  This case of punitive damages in the BP oil spill lawsuit is the first to bring to light the controversial question of punitive damages, after a 1994 decision in the Exxon Valdez oil leak.  A jury awarded some Alaska fishermen around $5 billion in punitive damages, but the Supreme Court later reduced the punitive  damages to $507 million, which was equal to actual damages.

The Supreme Court ruled that in maritime cases, punitive damages would be on a one-to-one ration with compensatory damages, which was a fair upper limit.  However, in the case of reckless profiteering, the ratio could be three to one.  The courts must find egregious behavior for the purpose of financial gain, on the part of the defendants, in order for punitive damages to equal three times compensatory damages.

Plaintiff Corliss Gallo’s attorneys will try to show that BP et al failed to fix equipment and knowingly took risks in order to further their profitable gain.

The gigantic BP oil spill class action lawsuit will likely be divided into categories, according to types of damages:

• natural resource damages
• personal injury
• economic injury damages
• racketeering charges
• punitive damages

Another oil spill class action lawsuit

Another oil spill class action lawsuit, this time in Michigan.  Victims of an oil spill on the Kalamazoo River in Michigan claim health issues after an oil spill into the river.  Defendant named in the Federal oil spill class action lawsuit is Enbridge, Inc, a Canadian company, responsible for the leak.  The leak polluted approximately twenty miles of the Kalamazoo River, in south central Michigan.  The pipe runs between Michigan and Canada and is owned by Enbridge.

Residents close to the river have been told not to use well water for drinking or cooking.  It is believed that the leak will not reach the western end of the Kalamazoo River, which ends at Lake Michigan.  It’s estimated that over one million gallons of oil have escaped, according to the Environmental Protection Agency.  Enbridge officials put the estimated leakage closer to 800,000 gallons.  The leak was capped rather quickly, especially when compared with the BP Oil Spill.

Residents who live in the immediate area of the oil leak were told to evacuate, due to the high amounts of Benzene in the air from the leak.  There is also a BP Class Action Lawsuit involving exposure to Benzene, in a Texas City oil refinery.

Seven months ago, regulators had warned Enbridge about its 1900 mile pipeline and possible problems.  Corrosion inspections did not meet Federal standards.

Lawyers have been holding town hall meetings, discussing what the oil spill class action lawsuit means, and how it will impact people affected by the environmental disaster.  Enbridge says it will reimburse residents who own property, who had to evacuate.  Lawyers are advising people not to sign anything from Enbridge before a lawyer looks at it.

Walmart Class action

The landmark sex discrimination lawsuit has been given class action status as of April 2010, in a big victory for the plaintiffs.  Now, the Walmart class action is currently being weighed as to whether to  include women who worked at the retail giant from 1998 to 2001.  The United States’ largest private employer appealed the class action status a few times, but so far to no avail.  The Walmart class action sticks, to the dismay of Walmart lawyers.

Walmart is the world’s largest retailer, with over three thousands stores in the United States.  About a million women are possible affected by the Walmart class action, which alleges sex discrimination.  Plaintiffs argue that Walmart pays women less and promotes them less often than men.  If they lose, Walmart stands to lose billions of dollars.

A lower court will decide whether women who worked at Walmart from 1998 to 2001 can join the Walmart class action.  Lower courts will also decide whether punitive damages will be part of the Walmart class action.

According to the plaintiffs, women were more often than not steered away from management jobs.  They were encouraged to remain in cashier jobs, with little or no chance of promotion.  Excuses for not qualifying women into management positions included not being able to move a fifty pound bag of dog food.

All this comes after Walmart has tried for years to upgrade its image with the public.  From supplying disaster relief to stressing eco friendly practices in its business, Walmart has tried in various ways to convince the public that it cares for its employees and the population in general.  This is a huge setback in the PR department.

Experts in class action lawsuits say that with its new status, the Walmart class action means there is great pressure on the retail giant to settle.

Fen-Phen Progression Claims

Pondimin and Redux, diet drugs that contained Fen-Phen, were banned in 1997 after only one year of FDA approval.  People had been taking Fen-Phen throughout the 1990s, however, as an off-market drug.  That means it’s a drug not approved by the FDA.  Demand for such drugs is often so strong that the public overlooks lack of FDA approval and asks doctors for the product despite risks.  Fen-Phen held such promises in the 1990s that as many as 85,000 prescriptions a day were being written and filled.

Fen-Phen, the main ingredient in Pondimin and Redux, was finally approved by the FDA in 1996, but not by the chief medical officer, who refused to sign off.  Another medical officer approved the drug despite signs the drug was not safe.

Then in 1997 a doctor discovered that many of her patients on Fen-Phen developed pulmonary hypertension and heart-valve problems.  The diet drug was dangerous, even to those who took the drug for only one month. pulmonary hypertension and heart-valve abnormalities could also show up ten years after taking the drug.

A huge multi million dollar drug class action lawsuit was filed, and won by plaintiffs.  American Home Products, who manufactured Pondimin and Redux, was ordered to pay $3.75 billion in claims.  Now, Fen-Phen progression claims continue to this day.  A progression claim is when someone who registered with the original settlement, who had taken Fen-Phen, and who has developed more  or worse symptoms which may require additional settlement funds.  In other words, the situation has progressed and additional claims may be in order.

People who have taken Fen-Phen and who suffer deepening injuries, should act promptly to become part of a Fen-Phen progression claim.  Strict deadlines apply.

BP Benzene Class Action in Texas

Once again, BP is facing a class action lawsuit.  This BP class action lawsuit is based in a Galveston, Texas courthouse and alleges release of Benzene from a BP refinery.  The BP refinery is in Texas City, TX, which is near Galveston.  The suit alleges that the toxic substance Benzene was released into the atmosphere following an April 6, 2010 breakdown of a hydrogen compressor in its refinery.

Over 2200 plaintiffs in the BP class action lawsuit are claiming serious health issues were caused by the alleged Benzene leak.  Plaintiffs are employees of the refinery as well as residents of Texas City, where the refinery is located. The suit claims that BP has been illegally releasing Benzene into the air, as recently as forty days prior to filing of the BP class action lawsuit on August 3, 2010.

The Texas City oil refinery is the third largest in the US, and had been cited previously for safety and environmental concerns.  In September 2009 BP was fined by the U.S. Occupational Safety and Health Administration for not following safety agreements following a 2005 fire that killed 15 workers at the refinery.

Benzene is a known carcinogen, related to the development of cancer as well as leukemia and other life-threatening health problems.  It’s also used in the production of synthetic rubber, plastic, dyes, and drugs.

BP was named in July in a BP oil spill class action lawsuit following the April 21 oil rig explosion in the Gulf of Mexico, at a different location.  This BP class action lawsuit was filed just days after the oil giant announced it had stopped the flow of oil in that oil leak, after over three months of failed attempts.

Facebook is facing another class action lawsuit, in the State of California.  The suit is over “Like” buttons, and whether Facebook should allow minors to “Like” ads.  When minors see that lots of other Facebook users “Like” a product, they are more likely to like it themselves.  When a user “Likes” something, their picture appears next to what they like.  When a minor “likes” a product, their image is being used to advertise the product, which basically turns the “Like” button into an endorsement, by minors.  In essence, Facebook is using the faces and names of minors for profit.  That, according to law, cannot be done without the permission of a parent.    The Facebook class action lawsuit contents that the social networking giant is misusing images and names of minors.

This comes just after another Facebook class action lawsuit, filed in Manitoba, Canada.  That suit is over privacy and whether Facebook allegedly used users’ private information for commercial purposes.

On Facebook, users can click a “Like” button to tell all their friends they like something.  It can be a photo from another user, a song, a user comment, or a product.  When something is “liked”, all the friends of the user who likes it will get a status update, alerting them that the item is “liked”.  When a product is liked, it’s essentially an advertisement using the minor’s information, without parental consent.  This is the heart of the matter in the Facebook class action lawsuit over like buttons.

Reglan Class Action Lawsuits Allege Serious Side Effects of Taking the Drug

Lawyers are in the process of consolidating Reglan lawsuits in many states, and in New Jersey the nod was given to begin Reglan class action proceedings, after consolidation.  Consolidating the reglan lawsuits will streamline the process, because only one court will have to become familiar with the complex legal and medical aspects of the drug lawsuit.

The Reglan class action lawsuit stems from allegations that drugmakers who produced Reglan and the generic form metoclopramide failed to warn users that the drug had serious health side effects.  Reglan and metoclopramide are prescribed by doctors for treatment of gastrointestinal problems including gastroesophageal reflux,  gastroparesis, and delayed gastric emptying.

Unfortunately, side effects include a condition known as tardive dyskinesia which causes tics.  This means people who took Reglan may be suffering from involuntary movements of the head, arms and legs.  And the tics last well after patients stop taking the drug, causing significant quality of life issues.

Reglan and metoclopramide were approved by the FDA for periods of time lasting up to twelve weeks.  However, doctors may have prescribed the drug for longer periods of time due to the recurring nature of the gastrointestinal issues suffered by patients.

Defective Chinese Drywall in Florida Class Action Lawsuit

Banner Supply, a Miami building supply company, is facing a Chinese drywall class action lawsuit as of this July, after losing a major lawsuit in June.  Also named in Chinese drywall class action suits are Knauf Group, the German parent company of KPT; Knauf Plasterboard Tianjin (KPT), a Chinese drywall manufacturer;  and Rothchilt International Ltd., a China-based exporter.  Due to an extreme shortage of drywall available to building contractors in the period from 2004 to 2006, it was necessary to import drywall.  Chinese drywall was imported for construction of new homes in Florida.  Roughly 10 million square feet of defective Chinese drywall were used, which amounts to about 8,000 to 10,000 new homes.

Both manufacturers and distributors are being named in this Chinese drywall class action, which is being filed on behalf of plaintiffs Shane M. Allen and Nicole J. Allen, who live in Fort Myers.  The drywall class action claims that both homes and health suffered because of the defective Chinese drywall, and that the manufacturers and distributors are responsible.

The Chinese drywall class action states that, allegedly, waste material from Chinese power plants was used to make the drywall.  This waste is in the form of ash, and is called fly ash.  The material can seep into the home environment and cause health risks including respiratory problems, electrical problems, corrosion of Air Conditioning units, and corrosion of wiring.  Fly ash emits harmful sulfur compounds, including sulfur dioxide and hydrogen sulfide.

Plaintiffs in this Florida drywall class action seek damages to recover costs of testing for health-related risks of exposure to the defective Chinese drywall, loss of property value, repair and replacement of appliances and even homes.  There are also Chinese drywall class action lawsuits in other states as well.

Police at the G20 Summit in Toronto this past June

The G20 meeting in Toronto, Canada this past June involved anit-G20 protests that were peaceful until a group of about one hundred anarchists broke away from the protest marches and began setting cars on fire and smashing storefront windows.  This prompted Toronto Police to detain and arrest nearly 1000 people after violence broke out.

Now nearly 800 people are part of a $45 million G20 class action lawsuit headed by main plaintiff Sherry Good.  She claims she was not part of any violence or organizing any protests, and was wrongfully hemmed in and arrested by Toronto Police.  The class action is actually against Toronto Police Services Board and the federal attorney general in Canada.

Ms. Good claims she suffered a panic attack after the arrest and has lost trust in the police.  The Toronto Police Services Board is the organization that oversees the majority of riot police responsible for the arrests that day in June.  The Federal attorney general is being sued because they legally represent the RCMP, or Royal Canadian Mounted Police.

The violence was carried out by a relatively small group of black-clad protesters who jumped on cars, threw Molotov cocktails, set cars afire, smashed windows of retailers, coffee shops, banks and small stores.

Police used shields,  pepper spray, clubs and tear gas to end the violence and then officers on horseback tried to sweep the crowd into the park where the protest had begun.