Practice Areas

Defective Drugs and Medical Devices

What are medical products liability claims?

The products you buy at the pharmacy are intended to benefit your health. On occasion, however, the very items intended to make you feel better may, in fact, cause you serious harm. Prescription drugs may have undisclosed risks, or they may be manufactured improperly. Similarly, over-the-counter medications and dietary supplements may be harmful rather than beneficial to your health.

Claims involving these types of products present complex medical and legal issues. Knowledgeable counsel who are experienced in evaluating and analyzing these claims are essential for you to obtain full recovery.

Like drugs and dietary supplements, medical devices that are implanted in your body can sometimes negatively affect your health rather than improve it. In some cases, devices have been found to fail prematurely, to be contaminated, or to create danger when left permanently in the body.

Because drugs, dietary supplements, and medical devices are all subject to some level of overview by the United States Food and Drug Administration, specific legal and regulatory issues can affect your potential lawsuit. These issues must be considered when evaluating your injury claim against the product manufacturer.

What procedures are used to handle cases involving medical products?

If you are injured from a medication, supplement, or medical device sold nationwide and have a viable claim, you will likely find yourself one of many consumers who allege a similar type of harm. Such nationwide cases are frequently referred to as mass torts.

Like class action lawsuits, mass torts are consolidated in one court. Consolidation benefits injured consumers because it permits them to join together and pool their resources rather than going it alone against a major drug company. But consolidation also presents challenges, such as possibly requiring you to litigate in a far off location or requiring you to coordinate with other claimants and counsel who may have legal issues distinct from your own.

If you find yourself involved in a pharmaceutical mass tort case, it is critical that you are represented by lawyers who are experienced in complex litigation and understand how to best protect you and your interests.

We are currently pursuing new cases for the following:

Low T / Testosterone Replacement Therapy
(AndroGel®, Axiron®, Fortesta®, Testim®, Androderm®, Delatestryl®, Depo® Testosterone, Striant®, Testopel®)

Contaminated Endoscopes

Defective Hernia Mesh

Depakote / Depakene

Hyoscyamine

Invokana® / Invokamet®

Talcum Powder and Ovarian Cancer

Yaz® / Yasmin®

Xarelto®

Power morcellators

DePuy ASR® hip replacement

DePuy PINNACLE® Metal-on-Metal hip replacement

Stryker Rejuvenate® (recall)

Trans-vaginal mesh

Wright CONSERVE® hip system

Wright PROFEMUR® hip system

Why Burg Simpson?

Burg Simpson has been recognized as the nation’s leading law firm for representing individuals in products liability cases. Several of the most successful prescription drug and dietary supplement cases in the United States have been led by Burg Simpson attorneys who have been appointed by the Court to spearhead cases on behalf of injured consumers nationwide.

Burg Simpson’s founding shareholder, Michael Burg and Burg Simpson’s managing shareholder of the Cincinnati office, Janet Abaray, have served in leadership roles in many national pharmaceutical cases.

  • Mr. Burg and Ms. Abaray acted as national Co-Lead Counsel for cases involving the Ortho-Evra birth control patch.
  • Mr. Burg served as national Lead Counsel for the Yasmin/Yaz birth control pill litigation, while Ms. Abaray served as Chair of the Science Committee.
  • Ms. Abaray was also appointed in Ohio as a member of the Executive Committee for the Heparin blood thinner litigation, and as national Liaison Counsel in New York for cases involving Ephedra.
  • Ms. Abaray was recently appointed as Co-Lead Counsel for cases consolidated in Illinois involving Depakote, an anti-epilepsy drug.

Burg Simpson attorneys have also held national leadership positions in cases involving medical devices, such as hip implants. Shareholders Seth Katz, Peter Burg, and Meghan Quinlivan have all been appointed to national leadership positions in major drug and medical device cases.

You should also be aware that not all medical product cases result in a consolidated proceeding. Burg Simpson represents many consumers harmed by defective drugs, dietary supplements, and medical products in cases filed individually across the country.

What steps do I take?

As with any potential claim, you must be aware that there are time limits for filing a lawsuit. If you believe you have been injured by a defective drug, dietary supplement, or medical device, you should not delay in speaking to an attorney. Be aware that state laws differ on when cases must be filed, careful analysis must be done as to the law that applies to your case.

Burg Simpson represents consumers nationwide in pharmaceutical tort cases. We would be happy to speak with you to evaluate your potential claim.

Burg Simpson Ohio’s Janet G. Abaray Breaks New Ground

 June 27, 2017

Burg Simpson Ohio’s Janet G. Abaray Breaks New Ground

It’s never a good idea to challenge a litigator without anything more than a preconception. So when an up-and-coming attorney happened to be a woman trying to break into an area of law dominated by men, it was only a matter of time before she shattered that glass ceiling. But it doesn’t mean the fight… Read more »

The Trial Lawyer Magazine honors Michael Burg; firm of Burg Simpson Eldredge Hersh & Jardine

 February 6, 2017

The Trial Lawyer Magazine honors Michael Burg; firm of Burg Simpson Eldredge Hersh & Jardine

Michael S. Burg Named One of America’s 50 Most Influential Trial Lawyers Burg Simpson Eldredge Hersh & Jardine Named One of America’s 25 Most Influential Law Firms The Trial Lawyer magazine honorees to be celebrated at The National Trial Lawyers’ annual summit Denver, CO – Burg Simpson Eldredge Hersh & Jardine, PC is proud to… Read more »

7 Burg Simpson Shareholders Named to 2017 Top Lawyers List

 January 23, 2017

7 Burg Simpson Shareholders Named to 2017 Top Lawyers List

Denver, Colorado – Burg Simpson Eldredge Hersh & Jardine, P.C. is pleased to announce that seven shareholders have recently been named to 5280 Magazine’s 2017 Top Lawyers list. Founded in 1993, 5280 is the largest local magazine in Colorado. The Burg Simpson attorneys selected for inclusion in 5280 Top Lawyers are: Michael S. Burg –… Read more »

2016: Another Year Burg Simpson Changed Lives

 December 8, 2016

2016: Another Year Burg Simpson Changed Lives

The Burg Simpson attorneys had another outstanding year changing the lives of those they represent. The firm’s ability to properly value cases—whether personal injury, medical malpractice, construction defect, or mass tort—and fight tirelessly as a cohesive team to obtain the compensation its clients deserve sets Burg Simpson apart. Here is just a small sample of… Read more »

Amusement Park Injuries

 July 31, 2017

Amusement Park Injuries

Every year individuals travel to the hundreds of amusement parks and countless fairgrounds across the United States for what is supposed to be a day of fun. Unfortunately, accidents at these destinations are all too common. The United States Consumer Product Safety Commission, which provides raw data on injury statistics, estimates that over 30,000 individuals… Read more »

New AAJ Report Examines History of Women’s Exposure To Dangerous Drugs & Devices

 June 19, 2017

New AAJ Report Examines History of Women’s Exposure To Dangerous Drugs & Devices

Please read the new report from the American Association for Justice: From Accutane to Zonite: A History of Dangerous Drugs & Devices Marketed to Women profiles some of the most harmful medical products that have been marketed to women and highlights the important role the civil justice system has played as a backstop to enhance… Read more »

Invokana and Invokamet Increase the Risk of Leg and Foot Amputations

 May 18, 2017

Invokana and Invokamet Increase the Risk of Leg and Foot Amputations

On May 16, 2017 the U.S. Food and Drug Administration (FDA) confirmed that Janssen Pharmaceuticals’ diabetes medications Invokana and Invokamet cause an increased risk of leg and foot amputations.  Accordingly, the FDA will now require these drugs to carry a black-box warning concerning this serious risk of injury. FDA Safety Announcement Invokana and Invokamet have… Read more »

Abbott Recalls Malfunctioning Coronary Catheters That May Lead to Surgical Complications and Death

 May 17, 2017

Abbott Recalls Malfunctioning Coronary Catheters That May Lead to Surgical Complications and Death

On May 16, 2017 the U.S. Food and Drug Administration (FDA) announced that several lots of cardiac catheters manufactured by Abbott needed to be recalled due to the significant risk that the affected catheters may malfunction, possibly causing surgical complications and even death. FDA Safety Alert Announcement The affected lines of catheters include the NC… Read more »

Burg Simpson Legal Minute: Consumer Rights

 November 30, 2016

Burg Simpson Legal Minute: Consumer Rights

Burg Simpson shareholder Calvin Tregre Jr. discusses consumer rights and the legal safeguards used to protect consumers from unfair practices. The Ohio Consumer Sales protects consumers in several ways and allows them to recover transaction costs and damages. If you feel you have been unfairly treated as a consumer, call our office at 1-800-713-9340 or… Read more »

Protecting Your Legal Rights

 November 30, 2016

Protecting Your Legal Rights

At Burg Simpson Ohio, we’re dedicated to protecting the rights of those who have been injured by the negligence or bad conduct of others. If you’ve been injured or lost a loved one due to a defective product, dangerous medication or auto accident, you need to make sure your legal rights are protected. Call our… Read more »

Protecting Your Civil Rights

 November 30, 2016

Protecting Your Civil Rights

If you believe you have been a victim of discrimination in the workplace, or suspect your civil rights have been violated, contact Burg Simpson Ohio immediately to ensure legal rights are protected. Call us at 513-852-5600 or fill out the Free Case Evaluation form.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Helpful Links

 November 22, 2016

Helpful Links

Burg Simpson is pleased to provide our site users with links to other websites. However, this access does not imply approval or endorsement of the information, products or services offered at those sites. Injury & Accidents & Consumer Alerts Centers for Disease Control and Prevention US Food and Drug Administration Consumer Product and Safety Commission… Read more »

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