Settlement Advances on Individual and Class Action Defective Drug Lawsuits

Lawsuit Settlement Funding

Class Action Defective Drug Lawsuits

MDL (Multi District Litigation) and class action lawsuits against major pharmaceutical companies have reached near-epidemic proportions.

And with each new lawsuit, new light is shed on the ever-blurring lines between consumer protection and the FDA, product liability and consumer safety and the thresholds of corporate greed, corporate ethics and corporate responsibility.

Pharmaceutical Litigation FundingPharmaceutical lawsuits are nothing new. What is new, and quite troubling however, is the ever-increasing size, scope, lethality and regularity with which new defective drug lawsuits are being introduced.

Perhaps most disturbing of all is the growing trend of MDL drug lawsuits being brought against pharmaceutical companies who are often shown to have been aware that their products had serious, even deadly side effects, but chose to ignore the human costs and sell them anyway because of the multi-billion dollar profit potential – usually without adequate consumer warnings.

What Ever Happened To Integrity And Corporate Responsibility?


Isn’t litigation meant to punish the offenders? If so, why does this trend seem to be gaining momentum instead of losing it? The apparent rationale is as outrageous as it is unconscionable; pursue the almighty dollar at any cost.

The pattern so far seems to be for big pharmaceuticals to earn tens of billions of dollars in profits by mass marketing a new drug for a few years and then write off the human losses and inevitable multi-billion dollar litigation expenses as nothing more than the cost of doing business.

Pharmaceutical litigationHistorically, multi-billion dollar litigation and settlement expenses tend to consume only a fraction of a pharmaceutical product’s overall profit run. So companies keep billions in profit after the dust settles; not much of a punishment. This, of course, provides zero incentive for pharmaceuticals companies to act responsibly or police themselves while at the same time providing an enormous and often irresistible financial incentive to continue this despicable practice unabated.

The unfortunate reality is that unethical pharmaceutical conduct and multi-billion dollar pharmaceutical litigation seems to be the new norm and we should expect to see a lot more of it according to world-renowned FDA scientist Dr. David Graham, who stunned the world with his incredible Vioxx testimony, as he spoke out against Merck and the FDA when he said:

“Today, in 2004, you, we, are faced with what may be the single greatest drug safety catastrophe in the history of this country or the history of the world. We are talking about a catastrophe that I strongly believe could have and should have been largely or completely avoided.

And in a prophetic and chilling glimpse of things to come, he offered a stark warning:

“I would argue that the FDA, as currently configured, is incapable of protecting America against another Vioxx.”

Strong words, but it doesn’t take more than a glance at any of the dozens of drug lawsuits currently under litigation to realize that Dr. Graham was right on the money.

Drug Lawsuits: Deceptions, Cover-Ups And The Long Hard Road

Looking at the bigger picture, defective drug lawsuits take a long, LONG time to be filed and even longer to resolve. Look at Gadolinium MRI contrast dye; the first toxic side effects surfaced in 1997 and yet the FDA didn’t even issue a health advisory to warn doctors about it’s horrific side effects until mid-2007…11 YEARS LATER! And as of June 2011, most plaintiffs haven’t received any settlement money yet either; that’s 15 years and counting!

Fen Phen got FDA approval in 1992 and was on the market for six years before it was removed and the last of those settlements didn’t pay out until 2008 – that’s 17 years. Similar stories have emerged with Zyprexa, Avandia, Reglan and dozens of others.

The worst yet? Merck knew it’s popular drug Vioxx increased heart attack risk by a staggering 700%and yet still pursued and received FDA approval in 1999. The FDA’s office of drug safety estimated that 92.8 million prescriptions for Vioxx were filled in the US alone between 1999 and 2003. For 6 years it was one of Merck’s biggest cash cows and it took a firestorm of almost 50,000 Vioxx lawsuits starting in 2004 to get it pulled from the market. As of Q4 2009 – a half decade later – most Vioxx plaintiffs – including the families of almost 28,000 people killed by Vioxx – still haven’t received their full settlements yet.

Drug Lawsuits stressWhat happens to people during the years between when their injuries surface and when their lawsuit finally settles, assuming they survive that long, can be enough to make a person’s head explode with anger and frustration.

Unfortunately, many people who have been injured by defective drugs or pharmaceuticals find themselves unable to work, incapacitated, depressed, suicidal, diseased, grossly disabled, dysfunctional and financially strapped and left to contend with ailments like cancer, blood clots, heart attacks, strokes, diabetes, obesity, birth defects and the list goes on and on. Tens of thousands more find they’ve been handed a death sentence because of their prescription drug usage.

To help people just like this is why plaintiff funding or pre settlement funding was created in the first place.

Pharmaceutical lawsuits that TriMark Legal Funding LLC is currently able to provide lawsuit loans or pre settlement funding on are:
check Accutane® – We offer pre settlement funding on the Accutane Lawsuit. Accutane is manufactured by Roche Pharmaceuticals and has been linked to birth defects. Accutane (Isotretinoin) is used to treat severe nodular acne. Accutane can cause severe, life threatening birth defects if the mother takes the medication during pregnancy. One dose of Accutane can cause major birth defects of a baby’s ears, eyes, face, skull, heart and brain.
check Avandia® – The Avandia lawsuit links the drug to heart failure, heart attack, liver toxicity & stroke. Avandia is made by GlaxoSmithKline.
check Bausch & Lomb® ReNu With MoistureLoc – The contact lens solution ReNu with MoistureLoc, from Bausch & Lomb has been linked to the blinding eye infection Fusarium Keratitis and the need for corneal transplants. We are currently only able to provide lawsuit funding to patients who have been blinded due to ReNu use.
check Bextra® – Bextra, manufactured by Pfizer, doubles patient risk for heart attack or stroke. Bextra (Valdecoxib) was withdrawn from the U.S. market in 2005. The manufacturer of Bextra has announced the voluntary withdrawal of the drug from the U.S. market. This withdrawal is due to safety concerns of an increased risk of cardiovascular events (including heart attack & stroke). Same class of drug as Celebrex & Vioxx.
check Celebrex® – Celebrex (Celecoxib) is in a group of drugs called nonsteroidal anti-inflammatory drugs (NSAIDs) which also includes Bextra and Vioxx. It works by reducing hormones that cause inflammation and pain. Celebrex is used to treat pain or inflammation. Celebrex can increase the risk of life-threatening heart or circulation problems, including heart attack or stroke. This risk increases the longer someone uses Celebrex.
check Duragesic Patch
check Ephedrine® – Ephedrine is used to relieve congestion due to colds, flu, hay fever, and allergies, and for temporary relief of shortness of breath, chest tightness, and wheezing due to bronchial asthma.
check Fen Phen®Fen Phen – Fenfluramine (Phen-Fen) or dexfenfluramine (Redux) can cause a rare fatal lung disorder called pulmonary hypertension.
check Fosamax® – Fosamax is prescribed for the prevention and treatment of osteoporosis, the brittle bone disease, in postmenopausal women. It is also used to increase bone mass in men with osteoporosis, and is prescribed for both men and women who have developed a form of osteoporosis sometimes caused by steroid medications such as prednisone.
check GadoliniumGadolinium MRI contrast dyes are used for magnetic resonance imaging (MRI) and magnetic resonance angiography (MRA). A number of Gadolinium lawsuits have been launched since the FDA announced a link between Gadolinium containing contrast agents andNephrogenic Systemic Fibrosis or Nephrogenic Fibrosing Dermopathy (NSF/NFD) in patients with advanced kidney disease.
check Guidant Heart Devices – The FDA has issued a Guidant heart device recall and we are funding cases for patients who have been injured by heart devices or who may be suffering side-effects from a guidant heart device.
check Kugel® Mesh Patch – Composix® Kugel® Mesh is used to repair ventral hernias, or hernias of the abdominal region. Specific lot numbers of Kugel Mesh are subject to a Class 1 recall by the FDA, the highest level of recall when the FDA believes a medical product is dangerous or defective and predictably could cause serious health problems or death.
check Ortho Evra® – Ortho Evra is a contraceptive skin patch. It contains estrogen and progestin, the same hormones found in many birth control pills. Fertility depends on regular fluctuations in the levels of these hormones.
check Paxil® – Death cases only. Paxil (Paroxetine) is an antidepressant. It works by restoring the balance of serotonin in the brain. Paxil is used to treat depression, obsessive-compulsive disorder, anxiety disorders, post-traumatic stress disorder and premenstrual dysphoric disorder. Paxil has been linked to increased risk of heart attack, stroke, sudden cardiac death and more.
check Prempro® – Prempro is used to treat the symptoms of menopause such as hot flashes, and vaginal dryness, burning, and irritation, and to prevent thinning of the bones (osteoporosis).
check Propulsid® – Propulsid is a heartburn drug that was introduced in 1993 and taken off the market by Janssen Pharmaceuticals in July 2000. It has been linked to fatal heart rhythm abnormalities.
check Reglan® – (Metoclopramide) The Reglan lawsuit links the drug to the serious movement disorder Tardive Dyskinesia. On January 26, 2009 the FDA issued an alert warning against chronic use of Metoclopramide.
check Vioxx®Vioxx (Rofecoxib), manufactured by Merck was voluntarily withdrawn from the US and worldwide market in 2004 due to an increased risk of cardiovascular events including heart attack and stroke. Vioxx is in a class of drugs called nonsteroidal anti-inflammatory drugs (NSAIDs). Vioxx works by reducing substances that cause inflammation, pain, and fever in the body.
check Zyprexa®Zyprexa (Olanzapine) is an atypical anti psychotic medication. Exactly how it works is not known. It is thought to work by changing the actions of certain chemicals in the brain. Zyprexa is used to treat the symptoms of psychotic conditions such as schizophrenia and bipolar disorder (manic depression). Olanzapine may cause heart failure, sudden death and high blood sugar (hyperglycemia).


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