Unsafe Drugs and Medical Devices & Environmental Health Threats
Cohen, Milstein, Hausfeld & Toll, P.L.L.C. has achieved notable success in cases involving unsafe drugs, medical devices, environmental threats, and other dangers to the public health. These cases are often called “mass torts”.
Unsafe Drugs and Medical Devices
Cohen Milstein has been a significant force in many of the most important pharmaceutical cases in the last decade. Cohen Milstein participated in the $3.75 billion settlement of the case against the manufacturer of the diet drugs Redux (dexfenfluramine) and Pondimin (fenfluramine). The settlement involves millions of U.S. consumers who used the diet drugs, often with another drug called phentermine, in what was commonly called “fen-phen.” Patients taking Redux and Pondimin were found to be at greater risk for heart valve damage and an often fatal lung disease, primary pulmonary hypertension. The settlement provided compensation for those injured, and medical monitoring for millions of U.S. consumers who took the drugs but did not yet show symptoms of an injury.
Cohen Milstein is active in pharmaceutical cases against the makers of hormone replacement therapy ("HRT") which is known to cause breast cancer and the pain killers Vioxx, Bextra and Celebrex, which have been associated with heart attacks and strokes. The Firm also filed one of the first cases against the makers of the addictive drug, OxyContin. Working with the State of West Virginia, Cohen Milstein helped secure a $10 million settlement form Purdue Pharma, LLP, the manufacturer and marketer of OxyContin.
Cohen Milstein has assumed a leadership position in major mass tort litigation against the medical device industry, as well. The Firm is currently a central player in class action medical monitoring lawsuits filed on behalf of 29,000 patients worldwide implanted with Silzone heart valves marketed by the nation's leading mechanical heart valve manufacturer, St. Jude Medical, Inc. These partially silver-coated valves were removed from the market in January 2000 after being associated with a significantly elevated risk of explants (often due to paravalvular leaks), strokes and other thromboembolic events, and other serious injuries.
Environmental Health Threats
The health and livelihood of families, children and workers, both here and abroad, remain at grave risk from toxic chemical exposure in neighborhoods, schools, and workplaces. These toxic exposures can result from slow and silent leaking of chemicals into a water supply or from catastrophic events such as a tanker spill. In either case, the health of community members, particularly children and the elderly, is at risk. Such risks include adverse health effects such as cancer and birth defects, and other kinds of damage such as severe property damage and devaluation.
Cohen Milstein has handled some of the most important environmental cases in recent times involving severe environmental damage caused by large corporations. Cohen Milstein was lead counsel against Exxon after the Valdez incident, represented the entire Alaskan Native fisherman class and worked with indigenous Alaskans for over 5 1/2 years to win the judgment in that matter, which was the largest in history for punitive damages.
Cohen Milstein also teamed with the City of Milwaukee to sue the makers of lead pigment used in lead paint that present lead poisoning hazards to children, and costly clean ups for municipalities. An appellate court in Wisconsin upheld the right of Milwaukee to maintain a suit for the public nuisance created by the lead pigment manufacturers, including Sherwin Williams and National Lead Industries.
Litigating the environmental problems of today demands Cohen Milstein's expertise in complex scientific issues and medical causation. Our highly skilled attorneys have prevailed in matters involving lead poisoning, chemical poisoning, and air and groundwater pollution. In addition to the landmark lead paint and Valdez cases, Cohen Milstein:
• Secured a real estate protection program from oil companies for damages caused by leaking storage tanks in the Mantua section of Fairfax, Virginia;
• Recovered monetary damages for 82 children, teenagers and young adults who suffered lead poisoning caused by exposure to lead wastes from a lead smelter in their low-income neighborhood in Portsmouth, VA;
• Broadened the rights of property owners damaged by pollution in Ohio living near a toxic landfill;
• Reached settlement with Hughes Aircraft for both monetary damages and a medical monitoring program for residents of Tucson whose drinking water was contaminated by TCE (trichloroethane) dumped by Hughes;
• Obtained a medical monitoring fund on behalf of people who lived and played near the Lipari Landfill in New Jersey;
• Secured a settlement of $110 million for U.S. corn farmers whose corn crops were devalued as a result of the Starlink corn contamination incident.
Cohen Milstein’s successes have led to opportunities for public health litigation on behalf of foreign plaintiffs. Cohen Milstein is currently working on international environmental health threats including chemical contamination in Bhopal and silicosis claims in South Africa.
For more information, please contact us at lawinfo@cmht.com.
