Women suffering from pelvic organ prolapse (POP) In July 2011, after receiving more than 1,500 reports

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1 Almanac Consumer Justice A publication from the justice attorneys of Aylstock, Witkin, Kreis & Overholtz Spring 2013 { } OB Tape/Sling/ Mesh Implants Thousands of Women Suffer as a Result of Defective Medical Devices Women suffering from pelvic organ prolapse (POP) and/or stress urinary incontinence (SUI) who sought help from a trans-vaginal mesh implant or pelvic/bladder support system may have been victims of a defective medical device. After the shocking results of a clinical study, victims are filing suit against the manufacturers of the defective medical devices. Some of the problems reported include: pain (localized radiating into lower back or extremeties, and/or during urination/ intercourse), infection, migration, erosion and the need for corrective surgeries. These problems can develop shortly after implantation, but may also take years to develop. In July 2011, after receiving more than 1,500 reports of problems with vaginal mesh between 2008 and 2010 (a five-fold increase from the number reported between 2005 and 2007), the Food and Drug Administration ( FDA ) updated its previous warnings regarding vaginal mesh-related complications. They stated that these complications are not rare and emphasized to the medical community that no evidence exists to support the claim that vaginal mesh repair is any more effective than traditional non-mesh repair. AWKO has also been extensively involved in litigating state court actions filed in both Boston and New Jersey state courts. v INSIDE Defective Drugs and Medical Devices Yaz or Yasmin...2 SSRI s...3 Bisphosphonates...4 IVC Filter...4 Joint Replacement...5 Actos...6 Pradaxa...7 InFUSE Bone Graft...8 NaturaLyte and GranuFlo Meningitis Steroid Injections...9 Settlements, Trials, Other Cases Firm News and Notes

2 Aylstock, Witkin, Kreis & Overholtz, PLLC: A Leader in the Fight for Women s Health Aylstock, Witkin, Kreis & Overholtz, PLLC ( AWKO ) is pleased to announce that our firm has been appointed to key leadership positions to lead the effort to help end the silent suffering of women across the country injured by defective vaginal mesh products. These transvaginal mesh lawsuits have been coordinated in a Multi-District Litigation proceeding in the United States District Court for the Southern District of West Virginia, formed to pursue actions against such major mesh manufacturers as Johnson & Johnson, American Medical Systems, C.R. Bard Co., and Boston Scientific. Judge Joseph R. Goodwin issued an order April 13, 2012, appointing Bryan Aylstock as Coordinating Co-Lead Counsel to oversee all federal court litigation over the four major mesh manufacturers. Judge Goodwin appointed Renee Baggett as Plaintiffs Co-Lead Counsel to specifically oversee and direct the federal court litigation against Johnson & Johnson and its subsidiary Ethicon, which is the largest Judge Joseph R. Goodwin issued an order April 13, 2012, appointing Bryan Aylstock as Coordinating Co-Lead Counsel to oversee all federal court litigation over the four major mesh manufacturers. of the four major mesh manufacturers. In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation ( MDL No ). AWKO has also been extensively involved in litigating state court actions filed in New Jersey state court. These state court actions are pending before the Honorable Carol E. Higbee in the Superior Court of New Jersey Law Division, Atlantic County. In re Pelvic Mesh/Gynecare Litigation, No (N.J. Super Ct.). The lawyers at AWKO have extensive experience in representing plaintiffs across the nation in cases involving dangerous and defective medical devices and pharmaceutical drugs. We are dedicated to pursuing justice on behalf of those injured by the wrongful conduct of others. Contact us if you or a loved one were implanted with a transvaginal mesh product and are suffering as a result of this procedure. { YAZ } Blood Clot Risks Increased with use of Yaz or Yasmin AWKO attorneys have a long history of representing women who have suffered injuries as a result of using defective birth control products. Birth control products Yaz or Yasmin are associated with a greater risk of blood clots than alternative forms of birth control. The medications contain a unique progestin, which some scientists believe may cause an imbalance in the body. This imbalance increases users risk of blood clots, which can lead to deep vein thrombosis, pulmonary embolism, heart attack, and/or stroke. The FDA warned Bayer, the maker of Yaz, about its misrepresentations of the benefits and efficacy of the product as well as deviations from quality control standards occurring at its manufacturing plant in Germany. AWKO attorneys have a long history of representing women who have suffered injuries as a result of using defective birth control products. We have recovered tens of millions of dollars for the victims of these products. If you have taken Yaz and developed a blood clot, call Aylstock, Witkin, Kreis & Overholtz to discuss your potential legal claim against Bayer. v 2

3 { Prescription Drugs } & Birth Defects Antidepressant Drugs Linked to Serious Birth Defects Pregnancy is a time of both excitement and anxiety. Topping the list of concerns is the possibility of the baby being born with a birth defect. Pharmaceutical manufacturers that market their product to pregnant women must be particularly diligent to make sure their medication does not harm the baby. Unfortunately, a number of drugs that were marketed as safe for pregnant women have been linked to serious birth defects. Recent studies have linked SSRI antidepressants, including Zoloft, Paxil, Topamax, Celexa /Lexapro, and Depakote, to serious birth defects in children, including persistent pulmonary hypertension in newborns (PPHN), club feet, and other heart, lung, abdominal, and cranial defects. SSRIs may also increase the risk of spina bifida and other neural tube defects, which are birth defects of the brain and spinal cord. In addition to treating depression, SSRIs are used to treat obsessive-compulsive disorder (OCD), panic disorder and social anxiety. One recent study published in the New England Journal of Medicine showed that Zoloft was associated with a nearly six-fold increase in cases of omphalocele, a condition in which intestines or other abdominal organs protrude from the navel. The study also found that mothers who took Zoloft during pregnancy had twice the risk of having a child with a septal heart defect referred to as a hole in the heart which can be life threatening for the child. In April 2012, the Zoloft litigation was consolidated and transferred to a federal court in Philadelphia, Pennsylvania for further proceedings before Judge Cynthia Rufe. Judge Rufe subsequently appointed Bryan Alystock to the Plaintiffs Steering Committee in the position of Multi-District Coordinator. That means AWKO 3 is responsible for coordinating all the SSRI birth defect litigation throughout the United States. AWKO attorneys have been litigating SSRI birth defect cases for many years, having recovered tens of millions of dollars for our clients. We plan to put that experience to use in our role as Multi -District Coordinator. If you were taking an SSRI before you found out you were 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. If you or a loved one took SSRI medications while pregnant and had a child with a birth defect, you should contact us immediately. v

4 { } Bisphosphonates Bisphosphonates Linked to Femur Fracture and ONJ Have you suffered bone density problems, heart disease, jaw bone death or cancer after taking bisphosphonates? Drugs designed to strengthen bones and stop or slow the progression of osteoporosis are linked to femur fracture and osteonecrosis of the jaw ( ONJ ) in long-term users. If you or a loved one has taken bisphosphonates, better known as Fosamax, Actonel, Boniva, Aredia, Reclast, and Zometa or any of their generics, you may be at risk. The two major injuries linked to the long-term use of bisphosphonates are long bone fractures, such as the femur (thigh) and tibia (shin) and osteonecrosis of the jaw (ONJ). The femur is ordinarily one of the strongest bones in the body, but bisphosphonate users have reported fractures from low-impact activities like walking off a step. ONJ is defined as a sustained period of exposed bone in the mouth and is frequently associated with infections, pain and swelling. ONJ can lead to the development of fistulas, jaw fractures, the need for bone grafts, and even total jaw replacement. AWKO attorneys currently represent hundreds of bisphosphonate victims. If you or a loved one has taken any bisphosphonates and suffered a femur fracture or ONJ, please contact our office to discuss your legal options.v 4 { } IVC Filter Inferior Vena Cava Filters Patients who Received an Inferior Vena Cava Filter to Prevent Pulmonary Embolism May Suffer Serious Complications The 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. If you or a loved one has been implanted with an IVC filter and suffered injury as a result, please contact the attorneys at Aylstock, Witkin, Kreis & Overholtz to discuss your options. v

5 { } Joint Replacement Joint Implant Failures Lead to a Decreased Quality of Life If you or a loved one underwent joint replacement surgery hoping to improve your quality of life and are now suffering instead, you may have a legal claim against the implant manufacturer. Patients unlucky enough to receive either a metal on metal (MoM) joint replacement implant or an implant utilizing a modular neck/ sleeve have experienced record-setting failure rates. Even worse, MoM implants and those with modular necks can cause a condition known as metallosis or heavy metal poisoning. Metallosis occurs as a result of either bearing surface wear in the MoM implants from contact between the ball/head and liner/monoblock or fretting/corrosion at the taper where the ball connects with the femoral stem, releasing tiny metal particles into the area around the implant and the blood stream. The results of metallosis include tissue death, pseudotumor development, implant loosening and failure, and may even include organ failures and cancer development. The symptoms associated with metallosis can be slow to develop, sometimes escaping detection for more than a year after the implant. For that reason, it is important to consult your physician if you received a hip replacement involving either a MoM implant or one with a modular neck. A simple blood test can determine whether you are developing metallosis. Specific implants we are investigating include: Stryker Rejuvenate or ABG II (metallosis from modular neck) Biomet M2a Magnum or 38mm (metallosis) DePuy ASR Hip System (metallosis) DePuy Pinnacle with metal liner (metallosis) Zimmer Versys (metallosis) Zimmer Durom (metallosis and/or loose cup/shell) Wright Conserve (metallosis) or Wright Profemur Z stem (stem fracture) This list is not exhaustive; there are additional implants. If you are not sure what type of implant you received, please consult with your physician. AWKO attorneys have led the litigation charge against the manufacturers of defective implants. They have been appointed by courts around the country to spearhead the metallosis hip related litigation and have the first scheduled trials against orthopedic giant, DePuy, for its faulty ASR Hip System. If you or a loved one received a joint implant and are suffering, contact the attorneys at AWKO to find out if you have a claim. v 5

6 { } Actos CH 3 N O S O NH HCI Diabetes Medication Actos Linked to Increased Risk of Bladder Cancer Actos is also called pioglitazone, and is used to treat those suffering from symptoms of type 2 diabetes. 6 Actos (pioglitazone), one of the many alternatives on the market for those suffering from Type 2 diabetes, has been linked to an increased risk of bladder cancer. Actos has been an incredibly lucrative product for its manufacturer Takeda Pharmaceuticals, posting U.S. sales of $5 billion in 2010, thanks to flashy marketing and claims that it is safer than other diabetes treatments. In June 2011, however, the FDA informed the public that use of Actos for more than one year is associated with an increased risk of bladder cancer. The warning is based on the FDA s review of data from a planned five-year interim analysis of an ongoing, ten-year epidemiological study. In August 2011, the FDA approved labeling changes for Actos and other drugs containing pioglitazone warning of the risk for bladder cancer. Aylstock, Witkin, Kreis & Overholtz was among the first to file suit on behalf of individuals suffering injury as a result of ingesting Actos. Their early work on these cases, together with their lengthy pedigree of representing the victims of defective pharmaceutical products, led the Court overseeing the nationwide Actos litigation to appoint them to the Plaintiffs Steering Committee. In that role, AWKO attorneys are pioneering the use of new, powerful, computer technology to help uncover evidence of Takeda s wrongful conduct. If you or a loved one has taken Actos for the treatment of diabetes and been diagnosed with bladder cancer, contact AWKO to discuss your legal options. v

7 { Pradaxa } The manufacturer of Pradaxa failed to adequately warn about the risks for potentially deadly bleeding associated with its use. Manufacturer Boehringer Ingelheim pushed Pradaxa as an alternative to Coumadin or Warfarin to prevent strokes in patients suffering from atrial fibrillation. While there is a bleeding risk with all three drugs, bleeding from Coumadin or Warfarin can be stopped by administering Vitamin K. There is no known antidote to the uncontrollable bleeding caused by Pradaxa, which can occur in the brain, intestines or internal organs, leading to lengthy hospital stays or, worse, death. The FDA has reported nearly 4,000 incidents of adverse drug reactions with Pradaxa. Nearly 550 of the reports were patient deaths and 2,367 concerned hemorrhaging. In addition, nearly 300 patients experienced acute renal failure and 644 patients suffered a stroke. Fifteen cases of liver failure were also reported. While these numbers are staggering for a drug that is supposed to improve the lives of patients, it is not the whole story. It is estimated that only 1% of serious drug reactions are actually reported to the companies and the FDA. This means Pradaxa may have negatively affected hundreds of thousands of people who thought they were alone in their suffering. 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 will be at the forefront of the fight to secure justice for all those who have suffered injury as a result of ingesting Pradaxa. Anticoagulant Medication Associated with Uncontrollable Bleeding Risks Pradaxa is also known as dabigatran. It is a blood thinning, anti-coagulant drug that was administered to patients that suffered from a condition known as atrial fibrillation. For more information about the Pradaxa litigation, give us a call today. v 7

8 { } InFUSE Medtronic s Off-Label Marketing of InFUSE Bone Graft Causes Big Problems Did Your Spinal Fusion Surgery Have Dangerous Consequences? If you received an InFUSE Bone Graft and suffered any adverse reactions, you may have been the victim of a medical device manufacturer s greed and questionable marketing practices. Medtronic, Inc. and Medtronic Sofamor Danek USA, Inc. ( Medtronic ) designed, manufactured, promoted and sold the InFUSE Bone Graft ( InFUSE ), a bio-engineered bone graft device, to alleviate the need for a bone harvesting procedure. In 2002, the FDA approved InFUSE for a limited procedure, performed on a limited area of the spine (the lumbar and sacral regions), using specific components. However, Medtronic promoted InFUSE for off-label uses in other areas of the body and/or with different or additional components than what the FDA approved. The results are excessive or uncontrolled bone growth and can be catastrophic for the patient. Some of the adverse events resulting from this bone growth include difficulty breathing/blocked airway, stubborn pain, spasms and cramps in limbs, paralysis, and even death. A recently released Senate Finance Committee report found that Medtronic was secretly writing and editing articles about InFUSE, and putting those articles out under supposedly neutral physicians names. Medtronic paid those allegedly neutral physicians 210 million dollars. Not surprisingly, the Senate Committee found that the articles downplayed the risks associated with InFUSE. As a result, InFUSE was widely used in unapproved and dangerous situations. If you or a loved one suffered because of an InFUSE Bone Graft, contact our office. We are diligently working to obtain justice for the victims of Medtronic s misleading sales practices. v 8 { } Granuflo Dialysis Patients Face Deadly Consequences Because of Their Treatments If you or a loved one suffered a heart attack or stroke after receiving dialysis, you may be the victim of a drug manufacturer s greed. NaturaLyte and GranuFlo Acid Concentrate, alkaline substance administered to dialysis patients to neutralize acid that builds up in the blood, were manufactured by Fresenius Medical Care North America from January 2008 through June 2012 for use in its own facilities and other rival facilities. GranuFlo and NaturaLyte contain far more acetate than other products and result in more bicarbonate in the body, which can contribute to cardiac problems. cont d

9 { } Meningitis/Steroid Injections Chronic Pain Patients at Risk for Life-Threatening Fungal Meningitis The Centers for Disease Control and state health departments estimate that approximately 14,000 patients may have received tainted injections. Patients seeking relief from chronic pain are put at risk for life-threatening fungal meningitis due to the negligence of a drug compounding company. In early October 2012, news emerged that back pain patients in as many as 23 states may have received meningitis tainted steroid injections supplied by the New England Compounding Center ( NECC ). By the end of October 2012, the death toll nationwide reached 28, with 356 reported cases of fungal meningitis from the epidural steroid injections and seven more cases from joint injections in a knee, hip, shoulder or elbow. Patients who received injections near the spine (neck or back) after May 21, 2012, should be on the lookout for symptoms of fungal meningitis including fever, headache, stiff neck, nausea and vomiting, photophobia (sensitivity to light) and altered mental status. Symptoms of infections following injections at other parts of the body, such as shoulder, elbow, wrist, hip, knee or ankle, may include fever, swelling, increasing pain, redness, warmth at an injection site, visual changes, pain, redness or discharge from the eye, chest pain, or drainage from the surgical site (infection within the chest). Health authorities have reported that NECC of Framingham, Massachusetts failed to make its medications in sterile conditions. Inspections following the meningitis outbreak found approximately 100 vials of the steroid drug with a greenish-black foreign material and a white filamentous (containing filaments) material inside. NECC also did not keep its clean room clean, failing to keep the air conditioner running at night to maintain the room s humidity and temperature control. NECC admitted to finding mold and bacteria in its clean room in the past. The Centers for Disease Control and state health departments estimate that approximately 14,000 patients may have received tainted injections. Please contact the lawyers at Aylstock, Witkin, Kreis and Overholtz immediately if you or a loved one received an epidural steroid injection, ophthalmic injection or a cardiac solution during surgery after May 21, 2012, and believe you may be at risk for fungal meningitis. v In 2010, 941 patients experienced cardiac arrests at 667 Fresenius facilities, Fresenius issued an internal memo on November 4, 2011, to Fresenius facilities ONLY, warning of the risk of heart problems when there was excess bicarbonate or alkalosis a direct result of using GranuFlo and NaturaLyte improperly. Incredibly, Fresenius chose not to alert rival facilities of the cardiac risks for their patients until March 29, 2012, and did so then only because the FDA discovered the November 2011 internal memo and issued a Class I recall, the most serious type of recall reserved only for products with potentially deadly consequences. Why would Fresenius choose not to alert other facilities of the risks associated with NaturaLyte and GranuFlo? That s the question they will have to answer to those who suffered an injury as a result of being given Natura- Lyte and/or GranuFlo. Contact the lawyers at Aylstock, Witkin, Kreis & Overholtz if you believe you were injured as a result of your dialysis treatment. v 9

10 { BP Oil } Gulf Coast Still Recovering from the 2010 BP Deepwater Horizon Disaster The BP Deepwater Horizon disaster in 2010 killed 11 crewmen, became the largest offshore oil spill in U.S. history, and led to a claims process that was yet another disaster but the recent BP settlement offers renewed hope. After almost two years of frustration with a disappointing claims process, the recent BP settlement gives Gulf Coast residents and businesses reason to hope they will be fairly compensated. On March 2, 2012, lawyers working on behalf of oil spill victims announced they had reached a settlement agreement with BP. On May 2, 2012, the settlement won preliminary approval of U.S. District Court Judge Carl Barbier, who is overseeing the BP litigation in federal court in New Orleans. The settlement is an agreement by BP to pay numerous types of claims, including many that were not being paid under the old Gulf Coast Claims Facility ( GCCF ) procedures. For almost every eligible claim, the settlement provides more generous payments when compared with the GCCF. The settlement replaced the former claims administrator, Ken Feinberg, with a court-appointed Claims Administrator, Patrick Juneau, and instructs the new administrator to maximize payments to eligible claimants. Claims to be paid under the settlement include some losses that were ignored or inadequately paid by the GCCF. 10 Eligible claims include: loss of use and enjoyment of waterfront property along the Gulf Coast, losses from selling real estate during post-spill 2010, loss of profits by start-up businesses and failed businesses, income losses by new entrants to employment and career changers and those with short employment histories. The settlement provides specific terms to include self-employed vendors, including festival vendors. Vessels of Opportunity ( VoO ) participants will receive payments to compensate for BP s failure to fulfill their side of the VoO contracts. Many bodily injury claims will require very little medical record documentation, if any, although payments are higher for well-documented claims. The eligible claims area for loss of profits or income includes the entire states of Louisiana, Mississippi and Alabama, as well as four counties in Texas and the Gulf Coast counties of Florida, all the way to the Florida Keys. Claims based on economic activity in counties further from the Gulf of Mexico require more documentation, but some claims are possible throughout the entire claims area. AWKO attorneys have found that many individuals and business who did not think they had a claim are, in fact, eligible to receive compensation under the new settlement. To assist potential claimants, AWKO has developed computer software that can quickly analyze your potential claim to determine whether you are eligible and the approximate amount that you may recover. If you live in an area affected by the spill, or transact business in the affected area, we urge you to give us a call. The call is free and you may find that you have a valuable legal claim. v

11 Trials Escambia County Jury Gets It Right Attorney Brad Bradford, a partner with Aylstock, Witkin, Kreis & Overholtz went to trial against USAA on behalf of his client in April 2012, in an uninsured motorist case. Mr. Bradford s client was injured on April 1, 2008, when an uninsured vehicle struck his vehicle head-on. Mr. Bradford s client purchased uninsured motorist coverage with USAA so he would be covered in the event that someone without insurance injured him. However, USAA failed to fairly evaluate the claim and offered an insufficient amount to resolve the case. Mr. Bradford s client worked full time, coached soccer and enjoyed the outdoors before the wreck. In the wreck, he injured his back and therefore was unable to work and be as active as he had before. He ultimately underwent back surgery. Through hard work, great medical care and the support of his family, he achieved a good result from his surgery and was able to return to most of his pre-wreck work and activities. USAA hired a team of medical and vocational experts in efforts to deny the claim. Despite that, Mr. Bradford was able to prove to the jury that the wreck caused his client s injuries and lost earnings. On April 11, 2012, an Escambia County jury returned a verdict in favor of the Plaintiff for $449,000. The verdict was 4.5 times greater than USAA s best offer before trial. I am happy to work for such deserving clients, who did everything the doctors asked them to do and worked hard as a family to make the best of a bad situation, Bradford said after the verdict. Mr. Bradford also noted that this case served as a reminder of the importance of having uninsured motorist coverage as a part of your automobile insurance coverage. Unfortunately, a high percentage of vehicles in Florida are uninsured or significantly underinsured. Please call your automobile insurance agent to make sure you are properly covered. And, please call AWKO if you believe your insurance company is improperly denying coverage for your claim. v Consumer Fraud and Abuse Financial Wrongs The attorneys of Aylstock, Witkin, Kreis and Overholtz are committed to consumer justice helping those who have suffered financial losses or harms just as they are those who have suffered personal injury. We understand that financial wrongs can be just as crippling to families and individuals as a serious injury. AWKO attorneys have handled many cases focused on economic harms including, insurance rip-offs, credit card fraud, price-fixing and antitrust claims, Medicare fraud, telephone overcharges, unauthorized billing, and many more. Some of AWKO s current class cases include: Baptist Hospital Liens - Baptist Hospital improperly asserts health care liens against its patients. AT&T Family Medical Leave Act Violations - AT&T targeted employees taking FMLA-protected leave for adverse employment action. TFT-LCD - price fixing by manufacturers of LCD panels. Deceptive Resort Fee Charges - consumers deceptively charged resort fee by business in guise of a tax and/or without proper disclosure. Bank of America Forced Placed Insurance - mortgage customers forced to puchase overpriced homeowners insurance. Conoco - landowners assert claims against manufacturer for contaminating/devaluing property with toxic waste. Settlements AWKO is proud of its lengthy track record of success for its clients across all practice areas. In 2012, AWKO reach a new height in client settlements, recovering over $300,000, The hard work of AWKO attorneys in the courtroom has led to unprecedented success in the negotiation room. If you have a potential claim involving injury or economic loss, let us put our resources to work for you. 11

12 Renee Baggett FIRM NEWS & NOTES (850) Toll Free (877) Appointed: Plaintiffs Co-Lead Counsel in the Transvaginal Mesh MDL to oversee and direct the federal court litigation against Johnson & Johnson and its subsidiary Ethicon Presentation: Mass Tort Strategies: Pharmaceutical and Medical Device Litigation CLE. (James Street Group seminar, Chicago, IL, May 2012) Brad Bradford Bryan Aylstock Appointed: -Appointment as one of three Coordinating Co-Lead Counsel charged with overseeing five separate Multi-District Litigations in the Transvaginal Mesh MDL -Appointment to Plaintiffs Steering Committee as Multi -District Coordinator in the Zoloft MDL Speaking Engagements: - Transvaginal Mesh: History, Function & Malfunction. (Transvaginal Mesh and ACTOS Litigation, Harris Martin s MDL Conference, Miami, FL, January 2012) - Zoloft Case Theories and Settlement Opportunities. (Zoloft and Birth Defects Litigation Conference, HB Litigation Conferences, Philadelphia, PA, July 2012) Invited Speaker: -American Association for Justice Winter Convention Mass Tort Litigation Conference with Judge Marina Corodemus (Ret.), (HarrisMartin, New York, NY, March 2013) Elected: June 2012 to serve a two-year term on the Board of Directors for the Florida Justice Association Presentation: Law, Procedure and Strategy of Using Accident Reconstruction Experts at Trial. (2012 FJA Workhorse Seminar) Stephen Echsner Re-elected: For two-year term as Representative for First Circuit of Florida Bar Board of Governors Chair, Committee for Florida Bar Pro Bono Service Award in Florida: President, Escambia-Santa Rosa Bar Association Presentation: Judicial Candidate Forum for First Circuit of Florida. (Fort Walton Beach, FL, July 2012) 12

13 Neil Overholtz cont d Douglass Kreis Appointed: Appointment to Executive Committee in the Biomet MDL Speaking Engagements: - Transvaginal Mesh: The Science and Epidemiology. (Transvaginal Mesh and Actos Litigation, Harris Martin s MDL Conference, Miami, FL, January 2012) - Metal on Metal Hip Science Modes of Failure, Epidemiology & Damages. (National Webinar, New York, NY, May 2012) - Biomet Metal on Metal Failures Hip Litigation Group Presentation. (Chicago, IL, July 2012) - Defective Hips and Metallosis. (Plaintiff Forum on Pharmaceutical Litigation, Transvaginal Mesh, Actos and Orthopedic Devices, HB Litigation Conferences, Philadelphia, PA, October 2012) - Meningitis Litigation. (MDL Conference: Fungal Meningitis, Stryker Hip, Mirena IV and More, Harris Martin, Dallas, TX, November 2012) Neil Overholtz Appointed: -Appointment to Plaintiffs Steering Committee in the Pradaxa MDL -Appointment to Plaintiff s Steering Committee in the Actos MDL Speaking Engagements: - Transvaginal Mesh Update-The JPML Has Spoken. (Hot Topics in the MDL and Class Action Litigation, HarrisMartin s MDL Conference, San Diego, CA, March 2012) - Best Practices for Navigating the Court Landscapes. (Plaintiff Forum on Pharmaceutical Litigation, Transvaginal Mesh, Actos and Orthopedic Devices, HB Litigation Conferences, Philadelphia, PA, October 2012) - Case Theories, Challenges and Case Selection Consideration for Your Actos Inventory. (Plaintiff Forum on Pharmaceutical Litigation, Transvaginal Mesh, Actos and cont d 13 Orthopedic Devices, HB Litigation Conferences, Philadelphia, PA, October 2012) - Pradaxa, Parrots, Parties and Problems. (Plaintiff Forum on Pharmaceutical Litigation, Transvaginal Mesh, Actos and Orthopedic Devices, HB Litigation Conferences, Philadelphia, PA, October 2012) - Boehringer Ingelheim s Marketing Strategy for Pradaxa. (Pradaxa Litigation Conference, Harris Martin, Miami, FL, November 2012) - Pradaxa. (MDL Conference: Fungal Meningitis, Stryker Hip, Mirena IV and More, HarrisMartin, Dallas, TX, November 2012) Jason Richards Appointed: -Appointment as lead class counsel in the certified class action case of Baker v. Baptist Hospital, Inc. involving the unlawful filing of hospital liens -Appointment to serve a three-year term on the Florida Bar Journal/News Editorial Board ( ) Presentation: - Birth Defects: Zoloft and Other SSRI Drugs The State of the Litigation. (Co-presenter, September 2012) Publications/Briefs: -Drafted Amicus Curiae brief in the United States Supreme Court on behalf of the Plaintiffs Advisory Committee in Avandia MDL in the matter of GlaxoSmith Kline, LLC v. Humana Medical Plans, Inc. Author: - Capping Non-Economic Medical Malpractice Damages: How the Florida Supreme Court Should Decide the Issue, Stetson Law Review (forthcoming 2013) - A Primer on the Origins and Implications of the Thomas Becket Affair, Lincoln Memorial University Law Review (forthcoming 2013) - The Politics of Extradition in Post-War Holland, 15 Touro International Law Review 122 (2012)

14 Think Globally Act Locally FIRM NEWS & NOTES At Aylstock, Witkin, Kreis & Overholtz, we know the importance of giving back to the local community. Our lawyers and staff are equally dedicated and get involved every chance we get. Some of the many local causes and charities that the AWKO family is proud to support include: Angel Stull Presentation: Secur and Alladerm Meshes. (September 2012) Daniel Thornburgh Presentation: Strategies Used in Taking Depositions of Prescribing and Treating Physicians. (September 2012) AMERICAN CANCER SOCIETY (October 2012) In support of the American Cancer Society, the firm sponsors a team in the Making Strides Against Breast Cancer annual walk. In 2012, the team raised over $3,000 in the fight against breast cancer, bringing the total for the last three years to over $7,500. YMCA of NORTHWEST FLORIDA (October 2012) AWKO has supported the YMCA of Northwest Florida by participating in the Annual Corporate Cup Games since The Games raise funds to support Charity Mission Work conducted by the YMCA of Northwest Florida while helping to celebrate the health and wellness in our firm, also emphasizing teamwork, communication and team building. UNITED WAY (October 2012) Justin Witkin Awards: 2012 Best Attorney on the Gulf Coast, Pensacola Independent News Moderator: Rock Stars of Mass Torts Symposium, September With the support of the attorneys at AWKO, staff was able to participate in the United Way Day of Caring in October 2012 by helping with a variety of projects at the C.A. Weis Elementary School. Some of the projects included re-planting a garden, pressure washing sidewalks, organizing the library and helping with art projects. GULF COAST KIDS HOUSE (November 2012) 14

15 AWKO participated in the Christmas tree decorating contest sponsored by the Blue Wahoos to benefit the Gulf Coast Kids House, a private, not-for-profit organization providing services to the victims of child abuse in our community. The tree was decorated to reflect AWKO s beliefs in Unity, Justice, Equality and Diversity. AWKO supports their local community in other ways as well. AWKO s charitable organization, the AWKO Justice Foundation, is proud to help support the mission of the Southern Youth Sports Association (SYSA), a Pensacola grass roots organization helping to enrich the lives of Pensacola children through organized sports, mentoring and tutoring. In 2012, the firm hosted its second March Madness Open House, opening its doors to the legal and business community, to enjoy the opening rounds of the NCAA basketball tournament and to support the SYSA; the firm also sponsored a Facebook ( campaign in April, raising over $400 to support the SYSA. Instead of exchanging holiday gifts, the AWKO family contributes to a worthwhile local cause. AWKO joined with the Escambia-Santa Rosa Bar Association to help organize a food drive for the Manna Food Pantries, a private, not-forprofit corporation dedicated to alleviating hunger within Northwest Florida; the attorneys matched donations dollar for dollar. AWKO participated in a campaign with the local bar association for the United Cerebral Palsy Association of Northwest Florida to gather clothing for disabled children; the attorneys again matched the donations. The firm has supported the Big Brothers Big Sisters of Northwest Florida by participating in the Bowl for Kids Sake event. These are just a few of the projects the AWKO family supports. We continue to believe we can make a difference and will continue to get involved to improve the world around us. 15

16 Spring 2013 Almanac A publication from the justice attorneys of Aylstock, Witkin, Kreis & Overholtz Almanac Consumer Justice { Joint Implants } Implant Failures Lead to Decreased Quality of Life { } Actos Actos Linked to Increased Risk of Bladder Cancer { Birth Defects } Antidepressant Drugs Linked to Serious Birth Defects { BP Oil } Gulf Coast Deepwater Horizon Disaster 17 East Main Street, Suite 200 Pensacola, Florida INSIDE Yaz or Yasmin NaturaLyte and GranuFlo IVC Filter Pradaxa Actos Fosamax, Actonel, Boniva, Aredia, Reclast, and Zometa Meningitis Steroid Injections InFUSE Bone Graft Biomet, Biomet Orthopedics, DePuy ASRTM, DePuy Pinnacle, Zimmer Versys, Zimmer Durom,.Zimmer NexGen, Smith & Nephew R3TM, and Stryker ABG II, Stryker Rejuvenate, Stryker ABG II, Wright Conserve or Wright Medical Profemur Hip Implant IMPORTANT SAFETY INFORMATION RELATED TO DRUGS AND MEDICAL DEVICES!