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DES Daughters' Daubert Victory Stands in Breast Cancer Case

  • 13
  • February
    2012

On February 3, 2012, Defendants in Fecho v. Eli Lilly filed a Motion for Reconsideration. The Motion asked Judge Marianne Bowler of the United States District Court of Massachusetts to reconsider and reverse her prior decision denying their Daubert motion and ordering the parties to mediate. Defendants' defeated Daubert motion aimed to exclude the Plaintiffs' experts. The Motion for Reconsideration was accompanied by a 50-page Findings of Facts and Conclusions of Law and submitted by fourteen drug manufacturers, including Eli Lilly Company and Bristol-Myers Squibb.

Today, Judge Bowler denied the Defendants' Motion for Reconsideration from the bench sua sponte, which means without prompting from the Plaintiffs. Judge Bowler has further scheduled to oversee mediation planning and organization between the parties on February 29, 2012.

If you are a DES daughter who contracted breast cancer, please contact our DES attorneys. We will help you evaluate whether you have an actionable case against DES drug manufacturers. Meanwhile, DES daughters should be diligent about routine breast exam screening and the avoidance of HRTs.

FDA Approval Should Be Seen as a Floor, Not a Ceiling

  • 08
  • February
    2012

The great thing about a consumer society is we have many choices. Unlike the old days of the Soviet Union, not only are the shelves in stores not bare, the choices presented can be overwhelming.

From the cereal aisle in a store to the cold medicine or pain medication, choices abound. And while not much of a problem for cold cereal, it can become a very big problem for prescription drugs.

It's FDA Approved!

A study reported in the Archives of Internal Medicine, entitled "Less Is More--Communicating Uncertainties About Prescription Drugs to the Public," highlights the issue.

The study measured the U.S. public's understanding of Food and Drug Administration (FDA drug approval process and tested how different brief explanations of the drugs uncertainties affected what drugs were chosen by consumers.

It found 'Thirty-nine percent mistakenly believed that the FDA approves only "extremely effective" drugs; 25 percent mistakenly believed that the FDA approves only drugs without serious side effects.' Thus, the report concluded that much of the public believes wrongly that the FDA approves only extremely effective drugs and drugs lacking serious side effects.

DES Daughter Reacts to Daubert Victory

  • 07
  • February
    2012

Elena Zimmerman, a client of Aaron Levine & Associates and one of the 53 DES Daughters with breast cancer represented in Fecho v. Eli Lilly, was recently interviewed by NBC Kansas City Action News. Elena, along with her mother, described the decades of pain and suffering they experienced due to DES exposure. They also feel relieved and heartened by the recent victory in the Fecho case. The plaintiffs' experts asserted that a causal link exists between in-utero exposure to DES and substantially increased risk for breast cancer. Judge Marianne Bowler of the District Court of Massachusetts held that the experts' testimonies on the science are relevant and reliable. Judge Bowler has ordered DES drug manufacturers Eli Lilly and Bristol-Myers Squibb, along with 12 other defendant drug companies, to enter into mediation with the DES daughters represented by our firm.

Suffering a miscarriage can be a traumatic and life-changing event. When millions of women attempted to avoid this heartbreaking occurrence by ingesting diethylstilbestrol (DES), they unwittingly exposed their unborn daughters to catastrophic medical consequences. These affected women are often referred to as "DES Daughters."

The dangerous drug DES was prescribed to pregnant women from 1947-1971. The drug was taken off the market when it was discovered that the daughters of women who took DES during their pregnancy had a high risk of a rare, reproductive tract cancer as a result of in-utero exposure.

The attorneys of Aaron Levine & Associates represent 53 DES Daughters with breast cancer in the federal court case Fecho v. Eli Lilly. This lawsuit seeks just compensation for the breast cancer injuries suffered by DES daughters around the country. Currently, our attorneys are representing other DES daughters and filing new DES breast cancer lawsuits nationwide.

According to the New England Journal of Medicine, prenatal DES exposure is causally associated with breast cancer in DES Daughters over 40 years of age. A recent report from the Institute of Medicine of the National Academy of Sciences equated the breast cancer risk conferred by prenatal DES exposure to ionizing radiation and stated: "One of the best known examples in humans of an in utero exposure altering risk for cancer later in life is that of DES,...including an elevated risk of breast cancer."

A National Cancer Institute study has determined that DES daughters over the age of 40 are more than twice as likely to develop breast cancer as women who were not exposed to the drug in utero. The escalating DES breast cancer risk triples at the age of 50.

DES drug manufacturers failed to test or warn of the dangers of the drug and withheld vital information during its approval for pregnancy use from the FDA.

Women who believe they may have been exposed to DES in utero must be vigilant about regular breast cancer screenings and the avoidance of female hormone therapies. These regular examinations are imperative. Early breast cancer detection can save the lives of DES daughters.

If you are a DES daughter over 40 and you have developed breast cancer, please contact our office. Our attorneys have been diligently advocating for DES Daughters for over 30 years and you may be eligible to join this case for free.

DES Daughters with Breast Cancer Overcome Daubert Challenge in Federal Court

  • 19
  • January
    2012

FOR IMMEDIATE RELEASE

In a precedent-setting decision this afternoon at the United State District Court of Massachusetts in Boston, Judge Marianne Bowler denied a motion filed by 14 drug companies seeking to block the plaintiffs, 53 women with breast cancer, from proceeding with their case seeking compensation from the makers of diethylstilbestrol (DES).  The plaintiffs, known as DES daughters, were exposed to DES in utero more than 40 years ago when their mothers took the drug purported to prevent miscarriages. (For a copy of the original order, click here DES Order.pdf)

Attorneys Aaron Levine and Julie Oliver-Zhang, representing the plaintiff DES daughters, presented final argument opposing the motion followed by responses from drugmakers Eli Lilly and Bristol-Myers Squibb. One hour after the final arguments, Judge Bowler denied the Defendants' motion and ordered immediate mediation for compensation to the plaintiffs.

Calling upon a team of expert witnesses including the Chair of the Harvard's Department of Epidemiology and other scientists from academic institutions such as Georgetown University and University of Paris, the plaintiffs presented sufficient facts to support the relevance and reliability of their experts and their opinions that prenatal DES exposure substantially increased the risk of breastcancer in women over the age of 40.

This decision emphasizes the critical need for annual mammography, heightened surveillance for breast cancer, and avoidance of female hormone replacement therapy for the 2-3 million DES daughters across the country.

For further information about eligibility to joining the lawsuit, please contact Aaron Levine & Associates at 202-833-8040 or visit our website at www.aaronlevinelaw.com.

DES Breast Cancer Lawsuit To Hold Final Arguments

  • 18
  • January
    2012

Judge Marianne B. Bowler will hear final oral arguments in the diethylstilbestrol breast cancer case, Fecho v. Eli Lilly, et al, on Thursday January 19, 2012. After the final oral arguments, the Court may further instruct the parties on whether she believes that the Plaintiffs' experts are qualified to reliably testify before a jury on the causal association between prenatal DES exposure and the substantial increase of the risk of breast cancer in women over the age of forty.

Last week, national news agencies such as the Associated Press, ABC News, and USA Today covered this DES breast cancer case being held in Boston, Massachusetts. Two DES Daughters, Arline MacCormack and Jackie White, discussed their prenatal DES exposure and their struggle with breast cancer. They are only two of the fifty-three DES Daughters represented by the lawyers of Aaron Levine & Associates in this DES Breast Cancer case.

Closing arguments will be held tomorrow, Janurary 19th, in the John Joseph Moakley United States Courthouse in Boston at 10am, in Court Room 25, 7th Floor. All clients and interested parties are welcome to attend.

Please contact us if you have any questions about the ongoing DES breast cancer litigation or if you are interesting in joining for free. 

Study Again Finds Yaz Increases Risk of Blood Clots

  • 13
  • January
    2012

German drug-maker, Bayer, currently faces countless lawsuits regarding their popular contraceptive Yaz, which was approved by the FDA for sale in 2006. Women alleging injuries after taking Yaz have prompted thousands of lawsuits throughout the country - blood clots are one of the common injuries claimed in the Yaz lawsuits.

Recent Yaz Studies

Various past studies have concluded there is an increased risk of cardiovascular disease while taking Yaz, including one study conducted by the FDA. However, another recent study carried out in Denmark, and published in the British Medical Journal, has also determined that birth control pills such as Yaz have a higher risk of causing blood clots.

The study - which observed 1.3 million Danish women over nine years - found that women who took newer contraceptives containing a synthetic hormone called drospirenone, such as Yaz, had a six-fold increased risk of venous thromboembolism - which is when blood clots form in the lower extremities, break up, and travel to the lungs. However, women who took older contraceptives containing a different synthetic hormone, levonorgestrel, only had a three-fold increased risk for the same type of blood clots.

Boston lawsuit claims DES-breast cancer link

  • 09
  • January
    2012

The Boston final Daubert hearing is set for January 19th in Courtroom 25 on the 7th Floor in the John Joseph Moakley Courthouse in Boston, MA. Clients and all interested parties are welcome to attend. Also, Associated Press released an article yesterday containing breaking news on our case - Boston lawsuit claims DES-breast cancer link. If you are interested in joining or have questions about our case please contact us.

Glaxo Pressed to Settle Avandia Lawsuit by District Court Judge

  • 23
  • December
    2011

Last month, a Federal District Court Judge in the Eastern District of Pennsylvania set a deadline for GlaxoSmithKline to settle patient lawsuits regarding the use of a diabetes drug they produced, Avandia.

U.S. District Court Judge Cynthia Rufe recently appointed a mediator to facilitate settlement negotiations for an unspecified number of Avandia cases. According to court filings, at the time of the decision Judge Rufe set a time limit of 75 days to settle 85 percent of Avandia cases - with a pledge to have 100 of the oldest cases ready for trial in 60 days if they fail to reach that threshold.

Avandia Lawsuits

London-based Glaxo has had legal issues related to Avandia going back more than a decade - they recently agreed to pay $3 billion to settle claims that they illegally marketed Avandia and other medications.

After studies emerged linking Avandia to increased risks of heart attacks, regulators withdrew Avandia in Europe and the FDA limited prescriptions in the U.S. - leading to a 43 percent drop in sales. It has been estimated that Glaxo faces about 20,000 lawsuits related to Avandia use.

Diethylstilbestrol (DES) Breast Cancer December 16, 2011 Update

  • 16
  • December
    2011

Judge Marianne B. Bowler ruled in an emergency conference late this afternoon that the Daubert expert testimonies in the case of Fecho v. Eli Lilly, et al., brought by fifty-three DES daughters with breast cancer, have officially concluded.

Judge Bowler also denied the Defendants' request for further post-hearing briefing.  Both sides have already submitted extensive Daubert briefing and the discovery has been voluminous in this case. In addition, Judge Bowler has devoted over two weeks of the Court's time to hearing each of the twelve experts on both sides. The Court granted final oral arguments of one hour for each side in January of 2012. After the final oral arguments, the Court may further instruct the parties on whether she believes that the Plaintiffs' experts are qualified to reliably testify before a jury on the causal association between prenatal DES exposure and the substantial increase of the risk of breast cancer in women over the age of forty.

Our fight against the DES drug makers in court has been fierce since September; this development is both exciting and encouraging. We will keep you posted on the latest. Please contact us if you have questions about the ongoing DES breast cancer litigation and your eligibility to join for free.

Boston DES Breast Cancer Daubert Hearing November Update

  • 01
  • December
    2011

Judge Marianne Bowler has set a deadline for the Daubert hearing testimonies on December 19, 2011 in the diethylstilbestrol breast cancer case of Fecho v. Eli Lilly, et al. All expert testimonies in the District Court of Massachusetts will end at that time.  Plaintiffs' experts supporting the causal association between prenatal DES exposure and the substantially increased risk of breast cancer have already all testified before the Court.  After the Daubert hearing ends, the Judge will likely decide in February of 2012 at the soonest regarding whether or not Plaintiffs' experts will be allowed to testify at trial. 

During the Daubert hearing on November 21, 2011, Dr. Hans-Olov Adami, Plaintiffs' expert epidemiologist from the Harvard School of Public Health, testified to the recent findings in the Hoover 2011 article that appeared in the New England Journal of Medicine.

Dr. Adami explained that those DES daughters who exhibited vaginal epithelial changes (VEC), such as adenosis or metaplastic squamous epithelium, are at significant risk for breast cancer.  The Hoover 2011 study found that those DES daughters who exhibited VEC, a biomarker for high dose and early exposure, were at a 2.21 times, or 121% higher risk of breast cancer than the unexposed. Dr. Adami stated: "What is striking here is that when they do a trend test, you see unexposed, lowly exposed with no VEC and highly exposed with VEC. The P value for trend is .01, which is highly significant. It meets very high criteria for excluding the play of chance."  In addition, Dr. Adami re-affirmed that the breast cancer risk from prenatal DES exposure is modified by age, where the cancer risk is more than doubled when DES daughters reach the age of 40 and tripled after the age of 50. 

The Plaintiffs' case is rocketing ahead with great momentum.  Please check back for more updates in the coming weeks. 

If you have questions about the ongoing DES breast cancer litigation or your eligibility to join, please contact us. We would be happy to help answer your inquiries.

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Aaron M. Levine & Associates
Suite 500, 1320 19th Street NW
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Phone: 202-559-0393
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Attorneys at Aaron M. Levine & Associates, in Washington, D.C., represent clients throughout the United States and from abroad as well. The firm's nationwide  practice includes the states of Maryland, Virginia, Pennsylvania, New Jersey, New York, Massachusetts, Florida, Texas, Illinois, Washington and California, and major U.S. cities such Baltimore, Philadelphia, New York City, Boston, Houston, Dallas, Chicago, Seattle, Los Angeles and San Francisco.