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Dangerous Drugs Current Cases

Mirena® IUD

Kabateck LLP represents clients who have suffered from internal injuries due to the Mirena® IUD. It’s estimated there are 3,000 lawsuits filed against Bayer involving the Mirena® IUD, which are consolidated in the MDL (multi-district litigation) in New York currently making their way through courts across the country, including the state coordination proceedings in New Jersey. In May 2014 Bayer issued a self-described major change in Mirena®’s label concerning the risk of perforation. Mirena®’s label did not warn about spontaneous migration of the IUDs, but only stated that migration may occur if the uterus is perforated during insertion of the device. Bayer decided to change its warning label only after these lawsuits were filed. Mirena®’s label describes perforation as an “uncommon” event, despite the numerous women who have suffered migration and perforation post insertion, clearly demonstrating this assertion to be false.

Testosterone Therapy

KBK is pursuing Testosterone therapy cases where male users of testosterone have suffered stroke, heart attacks, and blood clots such as PEs and DVTs. AndroGel and other “T” treatments such as Axiron (Eli Lilly); Androderm (Actavis Inc.); Fortesta (Endo Pharm); Striant (Actient Pharm); Testim (Auxilium Pharm) which are available as testosterone gels, patches, pellets and injections, are linked to an increased risk of cardiac problems in older and middle-aged men and in younger men with a history of heart disease.

Xarelto (rivaroxaban)

KBK is investigating cases where Xarelto users have suffered injuries such as pulmonary embolism, deep vein thrombosis, gastrointestinal hemorrhage and hemorrhage and death. Xarelto is a prescription medicine with three primary uses: to reduce the risk of blood clots and stroke in patients with atrial fibrillation; to treat deep vein thrombosis and pulmonary embolism; and to reduce the risk of blood clots in patients undergoing knee or hip replacement surgery. Xarelto was first approved by the FDA in July of 2011 and is co-marketed by Bayer and Johnson & Johnson. Since then various adverse events have been reported. Individuals taking Xarelto have suffered various bleeding events leading to death.

SSRIs Birth Defects

KBK is pursuing litigation that involves birth defects in the children of women who took a class of antidepressants known as Selective Serotonin Reuptake Inhibitors (SSRIs) during pregnancy. These consumers are at a high risk of their children developing certain abnormalities. Drug birth defects include but are not limited to cardiac defects, abdominal birth defects, neural tube defects, a defect known as “club foot”, and a condition known as anal atresia. The SSRI drugs KBK is pursuing include Zoloft, Effexor, Celexa/Lexapro, Paxil
and Prozac.


The mass tort is headquartered in the Atlantic County Superior Court in New Jersey under the guidance of Judge Carol Higbee. There are nearly 8,000 Accutane cases pending before this court. The mass tort consolidates complaints against the manufacturers of Hoffmann La-Roche Inc. for the side effects caused by taking Accutane, especially Crohn’s disease and ulcerative colitis.

Kabateck LLP, also represents a family whose member, a young man, suffered fatal side effects from Accutane that was prescribed to treat his acne. Specifically, plaintiffs claims that Accutane, produced and marketed by defendants Hoffman La Roche, Inc., and Roche Laboratories, led to their family member’s depression and subsequent suicide. Plaintiffs contend that Accutane should have carried a warning label about the possible negative emotions that it could invoke. In proving that Accutane can result in depression, plaintiffs will rely upon the expert opinion of Dr. James Bremner, an expert in psychiatry and nuclear medicine who has performed research in this area.

Yaz – Barbara and Howard Kegeles v. General Electric Company

KBK represents women who were prescribed Yasmin and Yaz oral contraceptives and suffered blood clots, deep vein thrombosis, strokes, and heart attacks. The cases are pending Case  in California JCCP No. 4608  and involve allegations that Bayer failed to warn.

Pharmaceutical manufacturer Bayer Healthcare Pharmaceuticals is facing numerous lawsuits throughout the United States from women alleging that they have suffered serious personal injuries from using Bayer’s popular oral contraceptives Yaz and Yasmin. The plaintiffs allege that Yaz and Yasmin caused them strokes, blood clots, and other health problems or put them at higher risk for these serious health issues. The plaintiffs further allege that Bayer knew, or should have known of these increased risks, because the FDA formally warned them of these risks in warning letters. Kabateck LLP has agreed to represent forty-eight women in pursuit of their claims against Bayer.


KBK represents clients who have suffered injuries due to ingesting Reglan (metoclopramide) which is used to treat Gastroesophageal Reflux Disease (GERD), acid reflux disease and heartburn, as some patients have experienced serious side effects, including Tardive Dyskinesia and Neuroleptic Malignant Syndrome. The litigation also centers on the marketing for prescribing  Reglan for off-label uses, meaning for conditions that Reglan is not approved by the Food and Drug Administration to treat. The cases  are pending in San Francisco JCCP litigation No.4631

In October 2010, Kabateck LLP, filed suit against various pharmaceutical companies that marketed metoclopramide, a drug commonly used to treat various digestive disorders including acid reflux. Although the U.S. Food and Drug Administration had not approved this drug for long-term use, a dozen individual plaintiffs claim that the pharmaceutical companies intentionally failed to warn them and their doctors of known associated risks. In fact, as a drug only approved for short-term use, consumers should have been warned that they could not take it for longer than 12 weeks. Along the way, starting as early as 1989, plaintiffs claim that the drug companies failed to review or simply ignored warnings published in medical literature, including articles and epidemiological studies that reviewed side affects associated with the drug’s long term use. Claimants say that long term ingestion of this drug resulted in their suffering from permanently disabling neurological illnesses such as inability to control movements in their extremities, faces, tongues and mouth and in rapid eye blinking. Among other damages, the plaintiffs seek to recover their past and future medical expenses. This case is pending.


KBK is pursuing litigation against Takeda Pharmaceuticals, the manufacturers of the Type-2 Diabetes medication known as Actos that surfaced the market in 1999, because  consumers have been put at risk for developing bladder cancer, heart attack and heart failure.
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