Almanac. Consumer Justice. R isperdal, an atypical antipsychotic medication. The real victims of Johnson & Johnson s conduct the.

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1 Almanac Consumer Justice A publication from the justice attorneys of Aylstock, Witkin, Kreis & Overholtz Spring 2014 { Risperdal } causes breast growth in male users. R isperdal, an atypical antipsychotic medication indicated for the treatment of autism, bipolar disease and schizophrenia, has been pushed by its manufacturer Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson, for a variety of unapproved uses. Sadly, that marketing effort has included targeting children for the treatment of mood and sleep disorders as well as attention deficit disorder. As a result of their off-label promotion, Johnson & Johnson has been forced to pay $2.2 billion in fines to state and federal agencies. The real victims of Johnson & Johnson s conduct the children have yet to be compensated. In some users, Risperdal causes the pituitary gland to increase its production of prolactin. Prolactin causes the development of breasts. For male children, the development of breasts (known as gynecomastia) can be devastating physically and psychologically. Unfortunately, the condition is permanent with many having to resort to surgery as the only means of correction. I f you took Risperdal as a child, or have a male child who took Risperdal, and subsequently developed breasts or were diagnosed with gynecomastia, you may have a valuable legal claim. Call our attorneys today for more information about your legal rights. v INSIDE Defective Drugs and Medical Devices Testosterone Supplements... 2 Vena Cava Filters...3 InFUSE Bone Graft...3 Actos...4 Incretin Mimetic...4 Lipitor...5 Pradaxa...5 Joint Replacement Devices Voluven...7 Transvaginal Mesh...8 Mirena SSRI s and SNRI s...9 Updates and Alerts BP Oil Spill...10 da Vinci Robotics...11 Eye Drop Treatments...11 Firm News and Notes Judgements, Settlements & Trials Community Involvement... 15

2 {Androgel, Axiron, AndroDerm, Foresta, Bio-T Gel, Delastestryl and Testim } Studies link Testosterone Treatment with risk of heart attack and stroke. 2 A study released in January 2014 found that the use of testosterone supplements doubles the risk of heart attack and ischemic stroke in men over 65 and men under 65 with a history of heart disease. This study is just the latest in a series of studies finding an association between the use of testosterone supplement and serious cardiovascular injuries including heart attack, stroke, and death. Testosterone supplements are one of the fastest growing prescription medications in the United States. Sales in 2013 topped two billion dollars. While they were originally marketed for the treatment of serious medical conditions that can result from an imbalance in natural hormone production, testosterone supplements are now being heavily promoted as lifestyle drugs designed to increase male energy, stamina, strength and sex drive. While the science on whether the testosterone supplements really help men achieve these results is inconclusive, the science regarding the increased risk of cardiovascular injury testosterone users face is growing. As a result, on January 31, 2014, the FDA announced it was officially investigating the risk of stroke, heart attack and death in men taking FDA-approved testosterone products. Testosterone supplements are sold under names which include Androgel, Axiron, AndroDerm, Foresta, Bio-T Gel, Delastestryl, and Testim. The testosterone products are commonly delivered in a roll-on or spray gel but are sometimes applied by removable patch or given through injection. Critically, the testosterone products do not contain any warnings regarding the increased risk of heart attack, stroke and/or death that their users face. If you or a loved one have used a testosterone supplement and suffered a heart attack, stroke, or death, you may have a valuable legal claim. Call the attorneys at AWKO today for more information. v

3 Potential settlement for patients who received defective { } An IVC Filter is frequently provided to patients at risk of developing blood clots who are not able to take anticoagulation therapy. IVC filters are small, cage-like devices inserted into the main vessel returning blood from the lower half of the body to the heart. The device is designed to capture blood clots and prevent them from reaching the lungs. Unfortunately, some of these filters are defective, causing serious injuries and even death. Since 2005, the FDA has received more than 900 adverse event reports involving IVC filters. The adverse events include incidents of device migration, detachment of device components, perforation of the IVC, and filter fracture. There are also reports of the filters becoming lodged in the blood vessel wall making removal risky or sometimes impossible. Very recently, settlement discussions with the manufacturer of the IVC filter have started. If you or a loved one have been implanted with an IVC filter and suffered injury as a result, don t miss the opportunity to have your case included in a settlement. Please contact the attorneys at Aylstock, Witkin, Kreis & Overholtz to discuss your options. v { } (rhbmp-2) Bone Graft Have you or your loved one had a spinal fusion since 2002? In 2002, the Food and Drug Administration (FDA) approved the use of INFUSE Bone Graft (also known as rhbmp or rhbmp-2) for use in single level lumbar spine fusion. INFUSE Bone Graft (rhbmp-2) is a bioengineered liquid bone protein that promotes bone growth. Historically, bone grafts have come from bone harvested from the patient s hip, a cadaver, or the like. After approval, the INFUSE manufacturer, Medtronic, Inc., launched an extremely aggressive marketing campaign, pushing surgeons to use its product for all sorts of unapproved surgeries. With the unapproved surgeries came a host of adverse effects in patients (depending on the site of the surgery) including: swelling in the neck, blockage and compression of the patient s airways, significant nerve damage to the lower extremities, dysphagia, male sterility, osteolysis, and the risk of cage migration. In June of 2011, Congress began looking into allegations that orthopedic surgeons with financial links to Medtronic may not have reported complications during their clinical trials of INFUSE Bone Graft. In October 2012, 3 the U.S. Senate Committee on Finance issued its report on Medtronic s influence on INFUSE clinical studies. The Committee found that Medtronic officials had paid $210 million to physician authors to influence the content of articles published in scientific journals. If you or a loved one has developed serious health problems following spine surgery involving the use of INFUSE Bone Graft (rhbmp-2), give the attorneys of AWKO a call today to learn more about your legal rights. v

4 { } causes bladder cancer. CH 3 N O S O NH HCI Actos, also called pioglitazone, was marketed to treat those suffering from symptoms of type 2 diabetes. Unfortunately, Actos has been linked to an increased risk of bladder cancer, with increasing risk at higher doses, and longer duration of use. Takeda Pharmaceuticals, the manufacturer of Actos, has benefited from flashy marketing and claims that it is safer than other diabetes treatments to the tune of $5 billion in U.S. sales in The FDA informed the public in June 2011 of the increased bladder cancer risk. The warning came after the FDA reviewed data from the published five-year results of an ongoing series of epidemiological studies. The FDA then approved labeling changes for Actos and other drugs containing pioglitazone warning about the risk of bladder cancer, and its common symptom of blood in the urine (hematuria) for the first time. Once again, Aylstock, Witkin, Kreis & Overholtz is at the forefront in leading the fight for the victims of Actos, and was among the first to file suit on behalf of those individuals suffering after ingesting Actos. Our extensive experience representing the victims of defective pharmaceutical products and our early work on the Actos cases led the Court overseeing the nationwide Actos litigation to appoint us to the Plaintiffs Steering Committee. As members of the Plaintiffs Steering Committee, AWKO attorneys are pioneering the use of new computer technology to help uncover evidence of misconduct by the drug s manufacturer, Takeda. In addition, our attorneys are on the front lines of this litigation, taking testimony from Takeda executives domestically and overseas and preparing experts on behalf of plaintiffs nationwide. If you or a loved one has been diagnosed with bladder cancer after ingesting Actos, please call our firm to discuss your legal options. v 4 { } diabetes products Januvia and Victoza are linked to pancreatic cancer and Byetta to pancreatic and thyroid cancer. Diabetes drugs in the class known as incretin mimetics, including Byetta, Januvia and Victoza, have been linked to cases of severe pancreatitis, and more recently cases of pancreatic cancer. Studies have revealed that users of these drugs have a greater risk of developing one of these serious conditions than users receiving a placebo. Unfortunately, pancreatic cancer has one of the highest cancer mortality rates. A number of lawsuits for Byetta, Januvia and/or Victoza users suffering from severe pancreatitis and/or pancreatic cancer have been filed around the country. Recently, the Judicial Panel for Multi-District Litigation has consolidated cases for pre-trial purposes before a federal district court in San Diego, California. Aylstock, Witkin, Kreis and Overholtz has been asked to serve on the Executive Committee that will help lead the litigation of these cases from around the country. If you or a loved one developed pancreatic cancer and ingested any of the incretin mimetic drugs, Byetta (also thyroid cancer), Januvia or Victoza, our firm can help. Please call us today for more information about your potentially valuable legal claim. v

5 { } Popular cholesterol medication poses a threat of diabetes. Lipitor, the cholesterol lowering drug manufactured by Pfizer, is the most-prescribed medicine in history. But several studies now indicate that it is linked to an increased risk of diabetes, particularly in women. A Women s Health Initiative study published on January 23, 2012, found a nearly 50% increase in new onset diabetes for menopausal women with statins compared with a placebo. Subsequent studies have found that the risk of diabetes is higher with Lipitor than with other statin (cholesterol lowering) drugs. In 2012, the FDA required the manufacturer of Lipitor to change its label to disclose the risk of developing diabetes following the use of Lipitor. Despite living healthy and active lifestyles, many women have developed type 2 diabetes after beginning Lipitor treatment. As a result of developing diabetes, female patients across the country find themselves undergoing regular testing of blood glucose levels, adhering to a restrictive diabetic diet and taking medication to control diabetes. If you or a loved one developed diabetes after beginning Lipitor therapy, give us a call for more information. v { } causes deadly bleed outs. Pradaxa, also known as dabigatran, is a blood thinning, anti-coagulant drug that was administered to prevent strokes in patients that suffer from a condition known as atrial fibrillation. Manufacturer Boehringer Ingelheim pushed Pradaxa as an alternative to the blood thinner Coumadin (Warfarin) but failed to adequately warn about the risk of potentially deadly bleeding associated with its use. The possibility of serious bleeding events with no known antidote, such as the use of Vitamin K in Coumadin patients, was not made known to patients or their physicians. The uncontrollable bleeding associated with the use of Pradaxa can occur in the brain, intestines or internal organs and can lead to lengthy hospital stays or even death. The attorneys of Aylstock, Witkin, Kreis & Overholtz have been appointed to the Plaintiffs Steering Committee by the Court overseeing the nationwide Pradaxa litigation. In that role, AWKO attorneys are at the forefront of the fight to secure justice for all those who have suffered injury as a result of ingesting Pradaxa. Our attorneys are currently involved in the discovery process in the litigation, which includes review of internal corporate documents and taking the depositions of company executives in the United States and the Netherlands. For more information about the Pradaxa litigation, give us a call today. v 5

6 { } Metal on metal hip replacement systems became very popular beginning in the mid to late 2000 s after being marketed as better for an active lifestyle and having a longer life-span. Not long afterwards, our firm began receiving calls from patients around the country suffering from metallosis or cobaltism. These conditions are caused by wear and/or corrosion between the metal surfaces of the hip replacement devices, sending tiny metal particles into the blood stream. This phenomenon received a lot of media attention in connection with the DePuy Orthopedics ASR hip system. Metallosis, however, is not limited to the ASR and our investigation and active litigation now includes claims relating to the following manufacturers devices: Biomet (M2a 38 mm and Magnum Devices) DePuy (ASR and Pinnacle ) Stryker (Rejuvenate and ABG II)* Wright Metal on metal hip replacement devices lead to an epidemic of failures. (Conserve and Profemur **) Zimmer (Durom cup***; M/L and Versys stems) * The Stryker claims arise out of corrosion from the modular neck, not from metal on metal wear. The results, however, are the same metal toxicity which destroys tissue and causes pseudotumor formations. ** The Wright ProFemur claims relate to femoral neck fractures due to weak metals joining the ball and stem causing catastrophic fracture and revision surgery. *** The Durom cup claims relate to loose cup/shells due to non-infection related failure of the cup which prevents the patient s bone to gain boney ingrowth and fixation. 6 Metallosis Alert As noted above, metallosis is caused by early wear between the metal ball and metal cup/liner or debris from the metal neck of the femoral stem. This early wear results in the release of metal debris into the hip fluid causing elevations of Cobalt (Co) and Chromium (Cr) ions leading to adverse soft tissue reactions, including pseudotumours and death of surrounding tissues. There may be a long delay from im-

7 plant of the artificial hip to the onset of metallosis. Signs and symptoms of cobalt/chromium poisoning may include visual impairment, auditory impairment, cognitive impairment, cardiomyopathy, hypothyroidism, peripheral neuropathy, and rashes. Moreover, there are ongoing investigations into the association between metallosis and other dangerous conditions such as kidney failure and bladder cancer. Unfortunately, most patients with metallosis do not have any identifiable symptoms that alert them to this dangerous and potentially life threatening process. Fortunately, a simple blood test can detect metal levels in the body. If you have not already done so, we strongly suggest that you contact your healthcare provider and ask for a blood test to determine whether you have elevated cobalt or chromium levels in your blood even if your hip system was already replaced. Any medical provider can order a blood test for you. However, the order must specify that the test or panel is to include heavy metal testing (chromium and cobalt). Hip LITIGATION History Our firm has been at the forefront of national hip litigation for over a decade, securing millions of dollars of compensation from hip manufacturers. In 2000, the hip manufacturer Sulzer Orthopedics, Inc. recalled thousands of its Inter-Op hips due to defects in its manufacturing processes. This marked the first large scale hip related national products liability case and our attorneys were able to successfully resolve a large number of cases. In 2007, a similar manufacturing defect was identified relating to Stryker Orthopedic s Trident hemispherical and PSL cups. Again, we led the litigation efforts and successfully resolved hundreds of cases. SETTLEMENT Update: We recently finalized negotiations for over 700 clients we represent nationwide that were implanted with the DePuy ASR hip. A significant amount of our efforts have been centered around the litigation that has been occurring in Cook County, Illinois. Our team has been the leader of that litigation, which led to settlement talks with DePuy regarding the ASR hip and now other Depuy products. Our goal in these negotiations has been to achieve the best possible recovery for each of our clients who may be interested in resolving their claims. v { } HES IV Solutions for treatment of blood loss pose risk of death or kidney damage. When a patient is admitted to an intensive care unit (ICU) following an injury that includes severe blood loss, doctors often use an intravenous solution to increase blood volume and reduce the chance that the patient will go into shock. Doctors have a choice of multiple solutions for this purpose. One of those solutions, known as HES, has been found to pose such a great risk of death or severe kidney injury that the FDA has put out a warning that Hydroxyethyl starch (HES/HAES) should no longer be used for this purpose, at least not with critically ill adult patients, including patients with sepsis and those admitted to the ICU. Further, as of June 2013, the FDA is now requiring that these products contain a black box warning regarding the risk of death and severe kidney injury the FDA s strongest warning. HES is sold under the trade names Hespan, by B. Braun Medical Inc. and Voluven or Volulyte, by Fresenius Kabi. Both manufacturers were ordered to recall all HES solutions within 48 hours in the United Kingdom on June 27, If you or a loved one received an HES IV solution for treatment of blood loss and suffered kidney failure as a result, contact the law offices of Aylstock, Witkin, Kreis & Overholtz to discuss your options. v 7

8 Verdicts come in for women suffering after being implanted with { } Mesh products sold to women to treat pelvic organ prolapse (POP) and/or stress urinary incontinence (SUI), pose significant undisclosed risks and, in some cases, cause devastating injuries. Jury trials in the first three transvaginal mesh cases have resulted in verdicts for the plaintiffs with awards of $5,500,000, $11,100,000, and $2,000,000, respectively. The lawyers of Aylstock, Witkin, Kreis & Overholtz are the leaders in the fight for women around the country suffering from the adverse effects of the defective mesh products. Bryan Aylstock was named by the court as Coordinating Co- Lead Counsel to oversee all federal court litigation against the mesh manufacturers and Renee Baggett was named as Plaintiff s Co-Lead Counsel in the federal litigation against Johnson & Johnson and its subsidiary, Ethicon. AWKO attorneys have spent tens of thousands of hours building the case against the mesh manufacturers, and have filed cases for clients in courts across the United States. If you or a loved one has been suffering in silence from the ill effects of transvaginal mesh, it is time for the silence to end. Transvaginal mesh causes symptoms including pain (localized radiating into lower back or extremities, and/ or during urination/intercourse), infection, erosion, and in many cases, the need for corrective surgeries. Unfortunately, for some women these symptoms are permanent. Some victims develop problems shortly after implantation while others may go years before experiencing complications. The time to make a claim against the manufacturers of transvaginal mesh is now; in addition to the verdicts mentioned above, some of the manufacturers have begun to discuss resolution of the claims against them. AWKO s position as the nationwide leaders of the transvaginal mesh litigation means that we are able to maximize the recovery for our clients through litigation and/or settlement. Contact the attorneys at AWKO if you believe you have been injured as a result of a transvaginal mesh implant even if you have not yet had a revision/removal surgery. Our trained TVM team is available to answer your questions about pursuing a claim against the manufacturer of the transvaginal mesh you received. v { } Intrauterine Device associated with complications of migration and perforation of the uterus. 8

9 Antidepressant and anti-seizure drugs linked to serious birth defects. { Zoloft, Effexor, Prozac, Paxil, Topamax } and Celexa /Lexapro Selective serotonin and norepinephrine reuptake inhibitor (SSRI & SNRI) drugs such as Zoloft, Effexor Prozac, Paxil, Topamax and Celexa /Lexapro are the most widely prescribed drugs for depression; millions of women take them during pregnancy. However, recent studies show that these drugs are linked to a potentially increased risk of serious birth defects in children, ranging from skull defects to cleft lip/palate to life threatening heart defects. Anti-seizure medications such as Topamax and Depakote have also been linked to serious birth defects. In particular, Topamax has been linked to cleft lip/palate and Depokote has been linked to neural tube defects such as spina bifida. Aylstock, Witkin, Kreis and Overholtz attorneys are leading the fight for justice for victims of these medications. Both the Zoloft and Effexor litigations have been consolidated and transferred to a federal court in Philadelphia, Pennsylvania for further proceedings. That court has appointed two AWKO partners to the Plaintiffs Steering Committees in the Zoloft and Effexor litigations, meaning that Aylstock, Witkin, Kreis and Overholtz attorneys will be leading the fight for claimants from around the country. If you were taking any of these medications while pregnant, there is a possibility that your child s birth defect was caused by the drug even if you stopped taking it once you found out you were pregnant. AWKO attorneys have been litigating SSRI and seizure medication birth defect cases for many years, having recovered tens of millions of dollars for our clients. We will continue to put our experience to use in fighting for justice for injured children. If you or a loved one took SSRI, SNRI and/or seizure medications while pregnant and had a child with a birth defect, you should contact us immediately. v Thousands of women across the country have suffered injuries after being implanted with the Mirena intrauterine contraceptive device (IUD). In many women, the device migrated or perforated the uterine lining, forcing early removal and, in some cases, damaging other organs. Migration of the device into other parts of the body or perforation of the uterus can have very serious side effects, some of which can be life-threatening. The Mirena IUD device is intended to provide contraceptive protection for up to five years after implantation and is manufactured by Bayer Healthcare Pharmaceuticals, Inc., a German corporation. The Mirena IUD was first approved by the FDA in 2000 and is recommended for birth-control in women who have already had at least one child. Later, in 2009, the device was also approved to treat some women with heavy menstrual bleeding, which was the first time that a medical device of this nature had been approved 9 for that use. On January 14, 2010, Bayer received an FDA warning for improperly sending sales representatives to consumers homes to misstate the efficacy and safety of the Mirena IUD device. Aylstock, Witkin, Kreis & Overholtz is working with law firms across the country to coordinate litigation in state and federal court and will be involved in the discovery process, including the use of cutting-edge technology pioneered by the firm in other cases. v

10 { } Following the 2010 oil spill, BP waged a massive public relations campaign. At first, BP downplayed its role in the spill blaming it on its business partners including Haliburton. Subsequently, BP appeared to accept responsibility for the environmental catastrophe it caused, entering into a settlement to resolve all BP related claims and flooding the airwaves with feel good commercials. Now, however, BP is trying to undo its own settlement and is doing everything in its power to avoid and/or delay compensating the victims of the BP oil spill. The BP settlement represented a compromise for both claimants and the company. BP avoided facing massive claims for damages, including punitive damages, for its blatant disregard for health and safety as well as enormous legal costs stemming from complicated and lengthy litigation in exchange for guaranteeing payment to claimants able to meet certain agreed-upon criteria. Claimants agreed to accept limitations on their potential damage claims in exchange for a simplified and streamlined claims process. Unfortunately, BP has decided that it does not like the compromise it sought and presented to the court. It has joined an appeal seeking to undo the very settlement it brought to the court. It has also appealed the payments being made under the terms of its own settlement, causing the payment process to grind to a screeching halt. Located in the heart of the area impacted by the oil spill in Pensacola, Florida, the attorneys of Aylstock, Witkin, Kreis and Overholtz are dedicated to continuing the fight for as long as it takes to get justice for our BP clients. We know that many have grown frustrated with the process or have decided not to bring a claim at all because of the frustration experienced by friends and colleagues who have had their claims stymied by BP. If you have not yet filed a claim or have a claim that has been unfairly denied or unduly delayed, we encourage you to give us a call today. We have developed tools that allow us to quickly evaluate potential claims. We ve been able to help many businesses and individuals who thought they did not have a claim or whose claim was initially denied. The call is free the result may surprise you. Give us a call today. v 10

11 { } Manufacturing defect causes surgical patients to suffer burns. Intuitive Surgical, the embattled manufacturer of the da Vinci robotic surgical system, warned customers on May 8, 2013, that certain versions of its cautery scissors may develop microcracks that could leak electrical energy and inadvertently burn tissue. The instrument in question, EndoWrist Hot Shears Monopolar Curved Scissors, is used to cut and coagulate tissue in a wide variety of procedures, including hysterectomy, prostatectomy, abdominal sacral colpopexy (bladder prolapse surgery) and gastric bypass. The scissors and other EndoWrist instruments are made exclusively for use with the da Vinci Surgical System, consisting of a console from which a surgeon manipulates instruments attached to robotic arms while viewing the procedure in 3 dimensions. Some 2000 systems are installed at US hospitals. In its urgent medical device notification, Intuitive Surgical stated that certain -09 and -10 versions of the scissors may develop energy-leaking microcracks near the distal end of the shaft after the instruments are cleaned and sterilized. These microcracks may not be visible to the user, the company emphasized. It advised customers to take precautions to minimize the risk for inadvertent burns, such as not applying electrical energy when the instrument tip is not in direct contact with tissue and taking note of any anatomy touching the instrument shaft or wrist. If you or a loved one has had a surgical procedure wherein the da Vinci robotic system was used and have suffered a negative outcome, please call our firm to discuss the possibility of making a claim against Intuitive Surgical. v CONSUMER ALERT! Eye Drop Treatments Costing Consumers Thousands! Certain manufacturers of glaucoma eye drop treatments have designed their droppers to deliver more medicine than the eye can absorb. The resulting waste (more than 50%) of these expensive treatments could be costing our clients thousands of dollars per year. If you or a loved one have used eye drop glaucoma medications such as Alphagan, Alphagan P, Azopt, Betagan, Betoptic, Betoptic S, Combigan, Cosopt, Dorzolamide, Istalol, Lumigan, Timolol, Timolol GFS, Travatan, Travatan Z, Trusopt or Xalatan, please call us right away for more information. 11 We are also investigating the practice of manufacturers that make eye drops used to treat infection or to aid surgical recovery. Users find that when they take all the medicine their doctor prescribed, they have a lot left over due to companies practices of overfilling the bottles. The products in which we believe this overfilling occurs include: Acular Acular LS Acuvail Besivance Lotemax Moxeza Nevanac Vigamox Zymar Zymaxid If you or a loved one has a prescription for any of these products, give us a call for more information today!

12 FIRM NEWS & NOTES AWKO Opens New Office in California: AWKO is excited to announce the opening of its new office in the San Francisco Bay area. Staffed by new associate Mary Liu, AWKO s new office will allow us to deliver a higher degree of personalized atttention for our West Coast clients. California Office: 248 3rd Street #715, Oakland, CA Phone: , Fax: Douglass Kreis Appointed: -Executive Committee in In Re: Biomet M2A Magnum Hip Implant Products Liability Litigation (principal in newly executed 56 million dollar settlement) -Plaintiffs Steering Committee in In Re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation AWKO Attorney Recognition: Jason Richards Bryan Aylstock Appointed: -Co-lead counsel and Executive Committee in In Re: Effexor Products Liability Litigation -Florida Bar s Committee on Professionalism Publications: American Association of Justice Trial Magazine, September 2013, co-authored with Shea Shaver the article Lurking Beneath the Printed Page. For the entire article, visit our website: Recognition: -Named one of the Top 100 trial lawyers in Florida by the National Trial Lawyers in AV Preeminent Peer Review Rated by Martindale-Hubbell Appointed: Plaintiffs Steering Committee in In Re: Effexor Products Liability Litigation Presented: Presented continuing legal education seminar on Legal Ethics: Solutions to the Most Common Challenges, National Business Institute, 2013 Citations: Mr. Richards article published in Stetson Law Review concerning the constitutionality of capping medical malpractice damages was cited by a federal court in Mississippi in the case of Clemons v. United States of America, 2013 WL (S.D. Miss. June 13, 2013) Neil Overholtz Appointed: Executive Committee of the Plaintiffs Steering Committee of the In Re: Incretin Mimetics Products Liability Litigation (Byetta, Januvia, Victoza Pancreatic and Thyroid Cancer) MDL 12 Daniel Thornburgh Awards: 2013 Rising Star, Florida Superlawyers

13 In 2013, AWKO attorneys recovered over $350,000,000 for their clients. JUDGEMENTS Aylstock, Witkin, Kreis & Overholtz attorney, Sam Geisler, wins $8.3 million judgment for Illinois battery victim. Sam Geisler Appointed: Florida Bar Association s Law Related Education Committee for a three-year term. AWKO Welcomes New Attorneys: Mary Liu Mary Liu has joined the firm as an associate. Prior to joining the firm, Mary owned a family law practice Liu Family Law. Before starting her own firm Mary was an Assistant Attorney General for the State of Florida. Prior to that, she spent 13 years in the corporate world in consulting, sales, and marketing. Mary makes her home in the San Francisco Bay area and provides AWKO with a permanent west coast representative. Mary is licensed to practice in California. Sarah Gruwell Sarah Gruwell has joined the firm as an associate. Prior to joining the firm, Sarah worked at AWKO as a paralegal for three years. During that time, she established herself as an invaluable member of the bisphosphonate team and was an outstanding advocate for AWKO s clients. Sarah resides in Oak Harbor, Washington, and will join Mary Liu in providing AWKO with attorneys ready to care for our West Coast clients. Sarah is licensed to practice in Washington state. 13 The judgment included $2.3 million in compensatory damages and $6 million in punitive damages. The case arose from the brutal attack of a young woman the night of January 7, The victim, working late at a small bar and restaurant, was attacked by a patron who robbed the business of $ cash. She was found several hours later, barely alive. Although she survived the attack, the victim continues to struggle with her injuries, which included traumatic brain injuries along with extensive facial fractures and lacerations. She is a mother of three children and a resident of Decatur, Illinois. The lawyers of Aylstock, Witkin, Kreis & Overholtz represent victims of violence and their families seeking justice against those responsible. SETTLEMENTS Record Year for AWKO Clients In 2013, AWKO attorneys completed settlements totaling more than $350,000,000 for their clients. AWKO managing partner Justin Witkin stated: We re proud of our accomplishments on behalf of our clients. We have been able to achieve the best results because we have some of the brightest, hardest working attorneys in the industry and we have given them the technology, tools and Justin Witkin resources necessary to successfully battle any defendant. At the same time, we recognize that serious recoveries come at the expense of serious injuries which money alone cannot heal. Our hope is only that the compensation we deliver to our clients in some way helps with the healing process. $1.5 million settlement for student injured in motorcycle wreck. AWKO partner Brad Bradford continued his success in holding careless drivers responsible for injuring motorcyclists. On October 31, 2011, our client was driving con t

14 home from class when another driver recklessly pulled out in front of him. The insurance company for the other vehicle tried to blame our client for the wreck by saying he was speeding. However, Mr. Bradford was able to prove the opposing insurance company was wrong. Mr. Bradford s client suffered significant internal injuries, including a grade 4 liver laceration. He underwent multiple surgeries, spent several weeks in intensive care and almost 2 months in the hospital following the wreck. Although still suffering with some limitations, through hard work and determination by the client and great medical care from his doctors he made a good recovery and has returned to school. Being a strong young man with a wonderful family supporting him made all the Brad Bradford difference early on, Mr. Bradford said. He almost didn t make it several times. But knowing him like I do now, it is no surprise he pulled through and exceeded everyone s expectations. So focused and driven, it was a pleasure to help him. Conoco/Agrico Class Settlement Aylstock, Witkin, Kreis and Overholtz spearheads settlement for property owners in groundwater contamination case. Following a hearing on September 4, 2013, an Escambia County Circuit Court granted final approval of a class settlement and certification of a settlement class of property owners affected by the continued migration of a plume of groundwater contamination from the Conoco/Agrico Superfund Site, located in Pensacola, Florida. The groundwater plume migrated from a former fertilizer production facility over the last 100 years, and includes chemical constituents such as Radium 226/228, Fluoride, Chloride, Nitrates and Nitrites, and Sulfates, in addition to other pollutants. The class settlement amounts to $9.5 million and includes over 3600 property owners. Nathan Bess, an attorney with Aylstock, Witkin, Kreis & Overholtz, said of the result, This is a development in toxic torts that should be exciting news for groundwater contamination cases, especially when the source contamination has remained unchecked. First of all, it shows that plaintiffs are able to successfully prosecute litigation involving the later migration of an existing groundwater plume. Secondly, it should provide some greater incentive Nathan Bess for polluters to admit where contamination that they are responsible for might truly end up, not just where they wish it was limited to. 14 This is also great news for Pensacola, said Bess. This settlement helps to bring some closure to a sad chapter in the city s history, and shows that this community will not tolerate big corporations coming to town and ruining our natural resources. Pensacola is a great place to live and do business, but environmental quality is the cornerstone of our success as a community. I m glad to see property owners affected by this groundwater plume get some of the closure they deserve. CURRENT Trials First Federal Actos Trial Underway A team of AWKO attorneys including Neil Overholtz, Nathan Bess, and Sam Geisler are at the center of the first Actos case to go to trial in federal court, Terrence Allen v. Takeda Pharmaceuticals North America Inc., Civ. A No Plaintiff Terrence Allen developed bladder cancer after ingesting Actos and he contends that he would not have suffered that terrible injury had he and his doctors been warned about the risks associated with Actos. The case is being tried in Lafayette, Louisiana. In preparation for this trial, AKWO trial team members have taken depositons of Takeda and Lilly employees across the United States and overseas, including many executives and scientists within the companies responsible for the development and marketing of Actos. Many of these depositions will be played before the jury. The trial is scheduled to last ten weeks. Ethicon Mesh Trial The first Johnson & Johnson (J&J) Tension-Free Vaginal Tape (TVT) Bellwether trial, Lewis v. Johnson & Johnson, 12-cv-04301, started on February 10, 2014, in Charleston, West Virginia. AWKO attorneys Bryan Aylstock, Renee Baggett, Dan Thornburgh, Jason Richards, James Barger, Angel Stull and Mary Liu have been instrumental in preparing this case for trial. Over the past year, the team has taken multiple video depositions of key J&J employees who were responsible for the design, manufacturing, and marketing of the TVT device. The AWKO attorney team has drafted and argued many of the key motions leading up to this trial and has reviewed millions of J&J internal documents. The trial is expected to last two weeks and is the first of over 10,000 cases filed against J&J. COMMUNITY INVOLVEMENT The lawyers and staff at Aylstock, Witkin, Kreis & Overholtz share in the belief that supporting the

15 local community is an important part of being an advocate for justice. AWKO continued their support of C. A. Weis and Brentwood Elementary Schools in Both are inner-city schools with some of the highest percentages of poverty populations in the Escambia County School District. Throughout the year, AWKO employees organized, participated in and volunteered to help with activities at both schools including a teacher appreciation luncheon, adopt-a-child program, learn to read program, health and wellness program, a back-to-school program, and numerous school beautification projects. In May, the Aylstock, Witkin, Kreis & Overholtz Justice Foundation held a tennis tournament fundraiser for both schools, raising over $10,000! Foundation President Justin Witkin accepted a commendation from the Escambia School Board in recognition of the Foundation s gift. firm s goal of health and wellness among our staff while emphasizing communication, team work and team building. Also in October, for the fourth year in a row, AWKO participated in the American Cancer Society s Breast Cancer Walk, helping to raise money for the continuing fight against breast cancer. Later, AWKO was honored in an award ceremony as the Brentwood Community Business Partner of the Year. AWKO Supports Justice in a Big Way In October 2013, the firm was involved in the UNITED WAY Day of Caring where AWKO employees participated in a variety of projects at Weiss Elementary. There were many beautification projects including grounds maintenance and painting, library maintenance and working in the P.E. Department to help create the best learning environment for the students. In 2013, AWKO is proud to have made a donation of $125,000 to the Lawyers Committee for Civil Rights Under Law. The Lawyer s Committee s mission statement is as follows: The principal mission of the Lawyers Committee for Civil Rights Under Law is to secure equal justice for all through the rule of law, targeting in particular the inequities confronting African Americans and other racial and ethnic minorities. The Lawyers Committee is a nonpartisan, nonprofit organization, formed in 1963 at the request of President John F. Kennedy to enlist the private bar s leadership and resources in combating racial discrimination and the resulting inequality of opportunity - work that continues to be vital today. To learn more about the Lawyers Committee visit their website at And in October, for the fourth year in a row, AWKO supported the YMCA of Northwest Florida by participating in the Annual Corporate Cup Games. The Games help raise funds for the Charity Mission Work conducted by the YMCA of Northwest Florida. They also help support our 15

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