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Wife of Afghanistan Plane Crash Victim Retains Aviation Attorneys

A Boeing 747 cargo plane, operated by National Air Cargo, crashed on takeoff from Bagram Air Base in Afghanistan on April 29th of 2013, killing all seven of its crew members. Among these crew members was Jamie Lee Brokaw (33) of Monroe, Michigan, a third generation pilot whose family’s aviation history stretches back to WWII. Brokaw was a member of the U.S. Air Force during Operation Enduring Freedom and Operation Iraqi Freedom before becoming a commercial airline pilot in 2008 and a First Officer in 2010. Brokaw is survived by his wife Elizabeth, who has retained Nolan Law Group to represent it for claims arising from the fatal injuries he sustained in the crash.

The accident gained unusual international attention when footage of the crash was posted on the internet and speculation ensued as to its cause, as the aircraft attained a very steep nose-up attitude immediately after takeoff. The aircraft then rolled left and right and entered a stall, where it descended into the ground near the end of the runway. Mrs. Brokaw, confident of her husband’s knowledge and attention to safety are searching for further answers and placing liability, something government investigators are precluded from doing. The accident aircraft was originally manufactured as a passenger aircraft and converted to a freighter in December of 2007 by Boeing for Air France. This raises some serious concerns about the structural strength of the aircraft and floor, as well as issues about the cargo restraint systems. The plane’s cargo included extremely heavy vehicles, and although the total cargo weight was within proper limits, the individual restraint capabilities of such heavy vehicles have their own limits.

Well-known as an aviation law firm, Nolan Law Group has extensive experience in major air cargo crash litigation, having represented crew members in accidents both nationally and internationally. A few examples include Fine Air at Miami Airport in August 1997, Emery Worldwide near Sacramento, California in February 2000, and most recently the Kalitta Air Boeing 747 accident near Bogotá, Colombia in July 2008. The firm has also been active in other crash claims from Afghanistan including a previous National Airlines crash near Kabul in October 2010, and the successful resolution of claims arising from a fatal helicopter accident at Kandahar Air Field in July 2009. Brokaw is also survived by his step-daughter Chloe and parents Susan and Terry.

 

Nolan Law Group Video Report: Mirena IUD Complications

Several lawsuits have been filed against Bayer for the serious medical, physical and emotional problems resulting from use of Mirena. The lawsuits also specify Bayer knew of the risks and failed to disclose the dangers associated with using the IUD. Bayer is also accused of using deceptive marketing practices in advertising Mirena to the public. The FDA did issue a warning to Bayer for deceiving advertising practices; however, Mirena is still on the market today and available for use.

Mirena IUD Complications

The FDA did issue a warning to Bayer for deceiving advertising practices; however, Mirena is still on the market today and available for use.

Frequently Asked Questions About the Mirena Lawsuits

What is Mirena?
Mirena is one form of a long-acting birth control called an intrauterine device (IUD). The IUD is globally the most popular form of birth control with an estimated 150 million uses. Mirena must be inserted by a medical provider. The system includes a T-shaped body made from plastic and a cylinder-shaped steroid reservoir. Mirena works by slowly releasing levonorgestrel, the progestin hormone, into the uterus each day. Because Mirena thins the lining of the uterus, it also decreases menstrual bleeding.

Why are women suing Bayer Pharmaceuticals?
Bayer Pharmaceuticals is the manufacturer of Mirena. There have been more than 45,000 incidents of complications submitted by women who have used Mirena, according to AdverseEvents.com, and currently over 40 lawsuits have been filed against the drug manufacturer for serious medical concerns following or during usage of the IUD.

What kind of injuries and problems are women suffering while using Mirena?
Women across the country have complained of the following issues: abscesses, embedment of the IUD in the uterine wall, uterine perforations, infertility, infection, intestinal perforations or obstruction, Pelvic Inflammatory Disease (PID) and ectopic pregnancy. Other less severe, but still inhibiting side effects, are: acne, weight change, nausea, mood changes, breast tenderness, vaginal discharge and abnormal bleeding patterns.

What are the lawsuits alleging?
The lawsuits against Bayer regarding Mirena allege a variety of serious medical problems following or during usage of the IUD. The most common claims in the lawsuits allege migration of the IUD to other parts of the body and perforation of the uterus. A small number of claims filed contend women have suffered severe scarring, hospitalization and extended medical care.  Claims have also been filed by girls and women who have suffered some of the complications mentioned above, including ectopic pregnancy, fertility problems and infections requiring extreme medical care. Additionally, some of the suits are asserting that Bayer knowingly released a defective drug and failed to warn doctors and women about the potential risks.

I suffered health consequences following use of Mirena. What should I do if I am interested in pursuing a lawsuit?
The team of nationally and internationally recognized trial lawyers at Nolan Law Firm are currently evaluating Mirena IUD cases. We will take special care to work with you and your individual needs while seeking full and fair compensation through the legal system. Please Contact Us or call 312-630-4000 for questions or to share your story with one of our team.

What type of damages might I receive in a lawsuit?
Depending on your complaint, you may be eligible to receive compensation for medical costs, lost wages, pain and suffering, impaired quality of life and other damages. Once we hear your individual story, we can help you receive the help you deserve and need.

How a Drug gets Approved by the FDA

There have been more than 45,000 incidents of complications submitted by women who have used Bayer Pharmaceutical’s intrauterine birth control device (IUD) Mirena, according to AdverseEvents.com. Additionally, over 40 lawsuits have been lodged against Bayer alleging severe health consequences after using the IUD. These staggering numbers lead many to question how a drug that has caused everything from surgeries to infertility can be approved for use.

According to Wikipedia, President Theodore Roosevelt signed the Food and Drug Act into law in 1906. This act was the basis for the Food, Drug, and Insecticide organization, shortened to the Food and Drug Administration (FDA) a few years later. Since 1938, every new drug has been required to be approved by the FDA before U.S. commercialization.  The FDA regulates almost every facet of prescription drugs, including testing, manufacturing, labeling, advertising, marketing, efficacy and safety.

Mirena was approved by the Food and Drug Administration (FDA) in 2000 and is one of only three IUD’s approved for use in the United States. In 2009, the FDA expanded Mirena’s approval to treat heavy menstrual bleeding in women already using an IUD. According to the FDA’s website (fda.gov), the mission of FDA’s Center for Drug Evaluation and Research (CDER) is to ensure that drugs marketed in the United States are safe and effective. CDER does not test drugs, although the Center’s Office of Testing and Research does conduct limited research in the areas of drug quality, safety and effectiveness.
When a company wants to introduce a new drug into the market, it must submit a New Drug Application (NDA). It is the company’s responsibility to test the drug and submit evidence that it is safe and effective. A team of CDER physicians, statisticians, chemists, pharmacologists and other scientists reviews the sponsor’s NDA containing the data and proposed labeling. The documentation required in an NDA is supposed to tell the drug’s whole story, including what happened during the clinical tests, what the ingredients of the drug are, the results of the animal studies, how the drug behaves in the body and how it is manufactured, processed and packaged.

Despite this lengthy, time-consuming and expensive process, thousands of women have suffered severe medical problems while or after using Mirena. Women across the country have complained of the following issues:

  • Abscesses
  • Embedment of the IUD in the uterine wall
  • Uterine perforations
  • Infertility
  • Infection
  • Intestinal perforations or obstruction
  • Pelvic Inflammatory Disease
  • Ectopic Pregnancy

There is help if you or someone you know has suffered any harmful side effects following Mirena usage. The lawyers at Nolan Law Group are currently evaluating Mirena IUD cases. If you or someone you know has suffered an injury after using Mirena,  please Contact Us or call 312-630-4000.

A look into the Mirena lawsuits

Kelli Baugh was a typical South Carolina woman seeking birth control. Now that 20-something year old women has had a total hysterectomy, is in surgically-induced menopause and must take estrogen daily. All this because the intrauterine device (IUD) she choose to use, Mirena, migrated from her uterus, causing physical pain and the above mentioned issues.

Baugh and her husband are suing Bayer Pharmaceuticals, the maker of Mirena, alleging that the design of the Mirena IUD allows for easy migration of the device through the uterine lining. Baugh’s trial was set to begin May 6 in South Carolina and would have been the first Mirena trial in the country. Now, over 40 lawsuits regarding complications associated with the Mirena device have been filed in the United States, leading to the consolidation of all of the lawsuits, including Baugh’s, into one trial.

In another Mirena lawsuit, one of the plaintiffs, a Missouri woman, experienced no side effects after the initial implantation. Approximately one year later, she began experiencing severe cramping.  A visit to the emergency room and an ultrasound revealed that the Mirena IUD had perforated her uterine wall, leading to surgery for its removal.  Bayer did provide warnings that the device could perforate the uterus upon insertion but not after implantation for a long period of time.

Another lawsuit involves a young woman whose Mirena IUD had migrated within her body.  Her health care providers were unable to locate the IUD after its migration, and assumed that it had fallen out. Unfortunately, it had not fallen out but remained in her body for years. It was not located until she began experiencing abdominal cramping when she was 12 weeks pregnant, which required a very high risk surgery to remove the IUD.

Infertility as a result of uterine perforation is also a possibility. One woman became pregnant shortly after she underwent surgery to remove a Mirena IUD that had perforated her uterine wall. She subsequently suffered a miscarriage and now may be infertile. 

Complaints listed in the lawsuits vary, but some of the most serious health issues associated with Mirena include migration of the device from the uterus, device expulsion, pregnancy complications if a woman becomes pregnant while the IUD is inserted, ectopic pregnancy (an egg becomes fertilized outside the uterus) and pelvic inflammatory disease (PID). PID can cause infertility. Other less severe, but still inhibiting side effects, are: acne, weight change, nausea, mood changes, breast tenderness, vaginal discharge and abnormal bleeding patterns.

Additionally, several of the lawsuits claim Bayer knew of the risks and failed to disclose the dangers associated with using the IUD. Bayer is also accused of using deceptive marketing practices in advertising Mirena to the public. The FDA did issue a warning to Bayer for deceiving advertising practices.

The lawyers at Nolan Law Group are currently evaluating Mirena IUD cases. If you or someone you know has suffered an injury after using Mirena,  please Contact Us or call 312-630-4000.

Is Mirena the Next Dalkon Shield?

Mirena, a long-acting birth control called an intrauterine device (IUD) which has been responsible for over 47,000 reports of serious adverse events on adverseevents.com as well as over 40 lawsuits filed against the drug manufacturer for serious problems resulting from the device, is not the first IUD that has caused severe side effects in women.

In the 1970s, A.H. Robins Company sold an estimated 2.5 million Dalkon Shields, the first popular IUD on the market. The Dalkon Shield killed 17 and caused physical injury, miscarriages, infection and hysterectomies to over 200,000 women. The product was pulled from the market just three years later, but not before over 300,000 women filed lawsuits against the company. The largest settlement amounted to $2.2 million. A.H. Robins filed for bankruptcy in 1985 and is still engaged in legal arguments over whether the $1.75 billion it proposes as a compensatory fund to women who claim to have been injured by the shield is anywhere near enough.

Both pharmaceutical companies have been faulted for their marketing campaigns. Mirena was marketed by maker Bayer Pharmaceuticals to busy moms while Dalkon Shield was promoted as a birth control for teenagers in college and the underprivileged as a highly effective, inexpensive and non-intrusive birth control. Bayer received an official warning from the Food and Drug Administration (FDA) for overstating the effectiveness of Mirena, while minimizing the risks associated with it during its marketing campaign. A.H. Robins, through its “Designed for Greater Comfort” marketing campaign, allegedly promoted a device with an ill-designed removal string that caused bacteria in the uterus, often causing Pelvic Inflammatory Disease (PID) and sepsis (blood poisoning) which, when untreated, can cause infertility and death. Lawsuits claimed A.H. Robins knew about the poor design when it purchased the rights to the device.

There are some similarities between medical complications associated to Mirena and Dalkon Shield. However, Mirena could prove to be more dangerous in the end as most of the complaints revolve around the device spontaneously migrating or expelling from the body. Device migration is serious in that it has been shown to puncture the uterus and surrounding organs, sometimes requiring surgery and even causing infertility.  

Though it has been 40 years since the Dalkon Shield was pulled from the market, the similarities between that device and Mirena is shocking. While there are only just over 40 lawsuits currently pending against Bayer Pharmaceuticals related to Mirena, the number of lawsuits could grow to the level of Dalkon Shield given that the Mirena IUD is used by two million women in the United States and 15 million worldwide. 

The lawyers at Nolan Law Group are currently evaluating Mirena IUD cases. If you or someone you know has suffered an injury after using Mirena,  please Contact Us or call 312-630-4000.

AIR CARGO CRASH CAUSED BY LOAD SHIFT

On August 7, 1997, a McDonnell Douglas DC-8-61F aircraft operated as Fine Air Flight 101, a cargo flight en route from Miami International Airport to Santo Domingo- Las Americas International Airport in the Dominican Republic, crashed on initial climb, killing all crew members aboard. The said aircraft was loaded with blue-jean fabric which was later found to have exceeded the aircraft’s cargo weight limit. In addition, investigation revealed that the cargo was improperly secured, shifted aft during rotation, producing an extreme aft center of gravity.

As a result of the crash, wrongful death claims were brought by Nolan Law Group on behalf of families of two crewmembers who perished. The complaints filed alleged that the cargo hauling company was negligent in its loading and securing of the cargo on the aircraft causing the load shift. The complaint likewise alleged negligence on the part of the aircraft owner for failure to exercise ordinary care in its control and maintenance of the subject. Fine Air was also sued for willful and wanton misconduct. The case was settled prior to trial.

Nolan Law Group Files Lawsuit Stemming From National Airlines Crash in Afghanistan

Nolan Law Group has filed a wrongful death lawsuit on behalf of the families of six crewmembers who died aboard National Airlines Flight 662 when it crashed into a mountain outside Kabul, Afghanistan on October 12, 2010.

The Lockheed Model L-100-20 (L-382E) airplane was operated under contracts with National Air Cargo, Inc. and Transafrik International Limited, among others, as National Airlines Flight 662, enroute from Bagram Air Base to Kabul International Airport.

In its Complaint, the Nolan Law Group alleged that National Air Cargo, Inc. and others were negligent and careless in procuring and providing an aircraft for use in commerce that was not airworthy or in a safe condition. It was likewise alleged that the said aircraft’s terrain avoidance warning system was inoperative, the autopilot was unserviceable and the traffic collision avoidance system was inoperative in flight, among others. Furthermore, the lawsuit included a claim against the entity providing the air traffic control services in the airspace near and around Kabul International Airport, for negligence and failure to provide the aircraft command with adequate warning and necessary instructions to keep a safe and proper separation between the aircraft and the surrounding terrain. This case is currently pending with the District Court of New York.

Earlier, Nolan Law Group has filed wrongful death claims on behalf families of victims who were killed in a Russian Mi-8 Hip helicopter under contract to NATO, which crashed in Kandahar Air Field in the Southern Afghanistan on July 19, 2009, killing 16 passengers and wounding five. The lawsuit was filed against the victims’ subcontracting employer who failed to exercise reasonable care and was negligent in ensuring that the chartering company whose services it procured was aware of the safety standards applicable to performance under the subcontract. This case was later settled by the parties.

Mirena Lawsuits Will Be Consolidated

Women across the country who have suffered side effects from the intrauterine device (IUD) birch control Mirena are celebrating as a panel has ruled most federally-filed Mirena lawsuits should be consolidated. On April 8, the United States Judicial Panel (USJP) on Multidistrict Litigation (MDL) signed a transfer order, centralizing cases in the Mirena MDL to the United States District Court for the Southern District of New York.

Specifically, the panel said lawsuits alleging the spontaneous migration of the device, perforation of the uterus, and/or the inadequacy of the warnings issued by Bayer with regard to these risks, will now be heard in the Southern District of New York. Some suits claim Bayer knowingly released a defective drug and failed to warn doctors and women about the potential risks. Over 40 lawsuits have been filed in 17 federal jurisdictions against Bayer Pharmaceuticals, the makers of Mirena. The first trial was scheduled to begin in May in South Carolina.

Mirena was approved by the Food and Drug Administration (FDA) in 2000 and is one of only three IUD’s approved for use in the United States. The small, plastic T-shaped device is inserted into the uterus by a healthcare provider, where it may remain for up to 5 years, releasing a low-dose of the synthetic progestin, levonorgestrel.

In the transfer order signed by Acting MDL Chairman Kathryn H. Vratil, the USJP noted that: “Transfer under [28 U.S.C.] Section 1407 will offer the benefit of placing all related actions before a single judge who can structure pretrial proceedings to accommodate all parties’ legitimate discovery needs while ensuring that common witnesses are not subjected to duplicative discovery demands.” The panel designated Judge Cathy Seibel to oversee the cases.

Bayer had opposed the consolidation of cases, stating that the consolidation would counteract the preparation and financial advancement the company had already invested in preparing for the first case in South Carolina. In addition, the company’s attorneys stated that consolidation would allow for weaker cases to be considered. Plaintiff’s lawyers have argued that consolidation would be more efficient as well as allow plaintiffs to share costs for pretrial preparations, costs they might not otherwise be able to afford.

Court documents also indicate that at least 47 Mirena lawsuits are also pending in New Jersey Superior Court. In August 2012, Bayer filed an application with the New Jersey Supreme Court seeking the establishment of a consolidated litigation for all Mirena IUD lawsuits filed in the state in Middlesex County. While the request was rejected, plaintiffs in those claims recently filed a new application with the court asking it to reconsider.

According to an AdverseEvents.com report, there have been more than 45,000 incidences of Mirena IUD complications submitted by women (not all of these women have filed lawsuits) who suffered issues such as:

  • Abscesses
  • Embedment in the uterine wall
  • Uterine perforations
  • Infertility
  • Infection
  • Intestinal perforations or obstruction
  • Pelvic Inflammatory Disease
  • Ectopic Pregnancy

The lawyers at Nolan Law Group are currently evaluating Mirena IUD cases. If you or someone you know has suffered an injury after using Mirena,  please Contact Us or call 312-630-4000.

New Bayer IUD Approved Despite Mirena Lawsuits

Despite lawsuits piling up against Bayer Pharmaceutical by women who have experienced serious side effects from using the company’s birth control intrauterine device (IUD), Mirena, the Food and Drug Administration (FDA) recently approved another IUD made by Bayer.

In January, the FDA approved Skyla, a low-dose hormone IUD designed to prevent pregnancy and manufactured by Bayer. Skyla is the first IUD approved for usage in the United States in 12 years. Skyla was launched for usage in the U.S. in February. Mirena was approved by the FDA in 2000.

Mirena and Skyla are similar products, both T-shaped polyethylene devices that release diminishing amounts of progestin over time to prevent pregnancy. The main difference is that Mirena is designed to remain inserted in a woman’s uterus for five years, while Skyla is approved for only three years. Also, Bayer is marketing Skyla toward younger women who have not had children previously; Mirena is marketed toward moms.

The FDA approval comes as over 40 lawsuits are pending against Bayer from women across the United States who have suffered serious problems during usage of Mirena. Most of the lawsuits claim the device migrated from the uterus, sometimes perforating other organs or the uterus itself. These injuries caused major health problems and sometimes required surgery, according to the lawsuits. Women have also complained of ectopic pregnancies, pelvic inflammatory disease (PID) and even infertility following usage of Mirena.

The Mirena lawsuits also claim Bayer’s lavish marketing plan for Mirena, entitled “Simple Style,” failed to adequately warn women about the possibility of spontaneous device migration or expulsion. The tactical marketing plan received much attention from the FDA in 2009 after it was found that many of the statements in the program were found to be more flashy than truthful. The FDA issued an official warning to Bayer, saying the manufacturer tended to downplay the possible side effects of the IUD in the marketing program.

Skyla seems to be more of the same for Bayer. Side effects for the new IUD include: bleeding pattern alterations, vulvovaginitis, abdominal/pelvic pain, acne/seborrhea, ovarian cyst and headache. In addition, there is a warning on the website www.skyla-us.com, a site designed by Bayer for marketing Skyla, that the new IUD may attach to or go through the uterus and cause other problems. It also states pregnancy while using Skyla is uncommon but can be life-threatening and may result in loss of pregnancy or fertility. Ovarian cysts could occur but usually disappear, it says.

If you or someone you know has suffered problems while using Mirena, there is help available. The lawyers at Nolan Law Group are currently evaluating Mirena IUD cases. If you or someone you know has suffered an injury after using Mirena,  please Contact Us or call 312-630-4000.