Class Actions In The News

Let’s look at this week’s top class action news….

#1:  Facebook Data Collection Class Action Filing

What Happened?

Three Facebook users filed a class action lawsuit against Facebook Inc. in April, alleging the company’s collection of call and text history from its Messenger products violates user privacy.

Tech journal, Ars Technica, identified and reported that Facebook unlawfully collected personal user data without consent by manipulating individual contact lists after users installed the app on their phones.

The plaintiffs allege Facebook Messenger currently taps into contact lists and collects many years of call and text data (incoming, outgoing, missed, call date and time, number dialed and call duration) and transforms the information into advertising revenues.

Lawsuit FAQs

The lawsuit is now in discovery and attorneys are looking for proposed class members in the US who installed Facebook Messenger and Facebook Lite apps for Android after 2017.

The class action seeks compensatory, regulatory and punitive damages and equitable remedies via specific performance and injunction that will require Facebook to dispose of consumer call and text logs and to cease and desist similar data collection. 

#2:  Opioid Addiction Lawsuits

What Happened?

Class action plaintiffs named in products liability lawsuits embracing the opioid epidemic crisis have provided the courts with overwhelming evidence revealing that doctors have over-prescribed opioids and pharmaceutical companies have been over promoting the dangerous drug since the 90s.

Opioid painkillers are purely synthetic heroin. Placing these dangerous narcotics in consumer markets have caused widespread drug addiction and has further led to almost two hundred thousand deaths from opioid overdose between 1999 and 2015.

Lawsuit FAQs

California, Washington and Ohio have filed lawsuits against Purdue Pharma claiming the pharmaceutical company unjustly enriched itself by misrepresented dosage rates to consumers.  

Purdue Pharma expressly warranted to doctors and to consumers that its drug OxyContin pain reliever relived pain for twelve hours when evidence proves the narcotic wears off much sooner.

Patients using the drug withdrew and increased their dosages, leading to addiction and dependence.

Class members assert Purdue Pharma knew of the dosage discrepancy even before OxyContin went to market but kept quiet in exchange for bringing in thirty-one billion dollars of profit over the last decade.  

Who is Eligible?

Any person who has suffered from opioid painkiller dependence or addiction between 1995 to present may join these class action opioid addiction lawsuits. Some of the most common products named in complaints include:

• Vicodin
• Methodose
• Dolophine
• OxyContin
• Percocet
• Fentora
• Avinza
• Fentanyl

See if you qualify for Opioids law suit by filling out the form.

  #3:  Viagra Melanoma Skin Cancer Lawsuit

What Happened?

The FDA is now evaluating whether to take regulatory action against the pharmaceutical company, Pfizer, after patients claim the company’s flagship product, Viagra, may cause skin cancer.  

In 2014, JAMA Internal Medicine found individuals who take Viagra have an eighty-four percent increased the risk of getting melanoma (skin cancer), and other studies suggest the Pfizer medicine may increase the risk of vision problems and blindness.

Lawsuit FAQs

Multi-District Litigation (MDL No. 2691) centralized all federal Viagra lawsuits involving melanoma skin cancer to a federal court in California.

Plaintiffs in these lawsuits claimed Pfizer’s negligently and wrongfully designed, produced, synthesized, analyzed, marketed, distributed and labeled sildenafil citrate and placed the unsafe product in consumer markets without fair warning.

Victims further allege the pharmaceutical company intentionally withheld from the public knowledge that connects Viagra to melanoma development by purposely omitting material facts in online and print publications.

Who is Eligible?

Individuals who have developed invasive melanoma (skin cancer) after using Viagra may have a cause of action and may seek redress for damages against Pfizer. Marc Grossman would like to help these victims get back on their feet by making Pfizer pay for their recovery and post cancer treatment.

#4: Ethicon Hernia Mesh Class Actions

What Happened?

Defective hernia mesh devices caused severe infections and other dangerous complications in over ten thousand patients since FDA approval over thirty years ago.

Surgical device maker Ethicon recalled its Physiomesh Flexible mesh product from consumer markets in 2016 after studies established that most patients required revision surgery within a few months of having the device installed.

Other negative effects and complications include:

• Pain
• Swelling
• Adhesions
• Infections
• Hernia recurrence

Lawsuit FAQsThe FDA mandated Ethicon to withdraw Physiomesh Flexible Composite mesh from consumer markets because the company didn’t tell the public: (i) the mesh’s design; (ii) a physician’s installation; and (iii) the patient’s product chose may lead to high malfunction rates.

Following the recall, victims have filled thousands of Physiomesh hernia mesh lawsuits. Class members are alleging Ethicon failed to do adequate product research and did not warn consumers about the problems linked to Physiomesh Composite mesh.

Plaintiffs also assert the company provided practitioners with inadequate instructions on how to install the meshes properly.

Who is Eligible?

Marc Grossman at Sanders Phillips Grossman is looking for individuals who wish to seek legal remedies after suffering severe hernia mesh side effects from their hernia mesh surgeries. 

#5:  Bank of America Overdraft Fees Settlement

What Happened?

Class members in this lawsuit allege Bank of America wrongfully assessed customers an extra $35 overdrawn balance fee on top of published $35 overdraft fees when they had negative balances for five days.

These “Extended Overdrawn Balance Charges” (EOBC) were undisclosed and provided no valid consideration to clients in return for paying these fees. Approximately six million consumers may claim benefits from this class action settlement.

Settlement Award

Bank of America has not admitted liability but has agreed to pay $66.6 million to settle the class action lawsuit. The settlement agreement further prohibits Bank of America from imposing EOBCs for five years.

Who is Eligible?

Consumers whose Bank of America personal checking account was hit with at least one $35 EOBC between Feb. 25, 2014 and Dec. 30, 2017 may take part in the settlement. Class Members can choose to receive cash payments, account credits or debt reduction payments.

The deadline to opt out of this class action settlement is on April 20, 2018. 

You can learn more about the Bank of America class action.

#6:  Defective Knee Replacement Products Liability Lawsuit

What Happened?

Post-op complications arose after doctors installed Attune, Arthrex and Exactech knee replacement systems in their patients.

The Food and Drug Administration (FDA) placed these products on its radar in 2015 after patients reported pain, mobility problems, infections, movement and other adverse effects soon after leaving their doctor’s care.

Upon further investigation, scientists have found design or fabrication defects in DePuy Arthrex, and Exactech knee implants. The finds prompted the FDA to recall theses products several times.

Lawsuit FAQs

Several class-action lawsuits followed the FDA recalls; class members allege the medical device suppliers didn’t design and build their products correctly. Plaintiffs further claim their hip replacement devices did not meet consumer expectations.

Who is Eligible?

Patients who had Attune-DePuy, Arthrex or Exactech knee implants installed after 2015 may file the cause of actions to seek redress for medical bills, pain and suffering, and other damages.

#7:  Align Probiotic Settlement

What Happened?

Class members in this action allege Procter & Gamble’s (P&G) Align probiotic supplement was a defective product because it provided no digestive relief or another alimentary benefit as promised.

P&G continues to sell Align and denies culpability, but the company has arranged a settlement.

Settlement Award

P&G agreed to pay up to $15 million in cash refunds to consumers. The company will further refrain from making certain advertising claims for Align and will donate $5 million to research institutions who work to improve digestive health.

Who is Eligible?

Consumers who purchased Align in the US from March 1, 2009 to June 6, 2016 are eligible to take part in this settlement; class members who submit valid claims may receive refunds up to $49.26 for no more than three Align purchases.