Dangerous or Defective Medical Devices

Medical devices were originally developed to assist individuals regain the quality of life they had prior to suffering an injury, or because of age causing the body to not function the way it once did. However, some medical devices constructed to improve the quality of life for many patients are later found to be dangerous or defective.

Defective medical devices can cause large life threatening issues and serious injuries. Often times, recipients of defective medical devices require additional surgery to correct and/or replace the device causing serious medical problems.

Defective Medicines

Prior to a newly developed drug being sold commercially, it must first endure a series of clinical trials where the drug is tested for safety, toxicity, side effects, and efficacy. Once these processes are complete the drug then seeks Food and Drug Administration (FDA) approval, which clears it for distribution. Often times, it is not until years after the drug is released onto the market that devastating side-effects are experienced by consumers.

Dangerous or defective medications can cause severe life threatening illnesses or even death. It is important to familiarize yourself with the below list of medications that have prompted litigation in recent years. The following list is constantly being updated as new issues are identified, please contact the Kagan Law Firm at any time if you have experienced any negative or irregular side effects from these drugs.

The attorneys at the Kagan Law Firm specialize in defective device and drug cases are welcome the opportunity to help our clients recover damages from defective drug and device related injuries. We have many years of experience handling types of cases including, but not limited to:


Accutane was originally approved for sale in the United States by the FDA in 1982 for the treatment of acne. In the late 1980’s, reports began to surface about serious side effects involved in the use of Accutane.

What are the side effects associated with using Acutane?

Reported Accutane side effects included cardiovascular issues, kidney problems, pancreas problems, psychiatric problems, severe birth defects, liver problems, central nervous system damage and auto-immune deficiencies. In addition, there were reports that people had experienced psychiatric distress so severe that they committed suicide.

In addition, reported side effects include ulcerative colitis, Crohn’s disease and inflammatory bowel disease. Accutane side effects have been attributed to damage to the intestines, colons, and bowels.

Can I file a lawsuit?

Roche Pharmaceuticals pulled Accutane from the market in 2009. The FDA took action before Accutane was eventually recalled from the market. Roche AG was ordered to attach a clear warning label to bottles of Accutane that clearly indicated the risk of side effects linked to the drug.

As many as 5,000 Accutane related lawsuits have already been filed against Roche AG by plaintiffs across the United States. Several enormous verdicts have been returned for patients that held Roche AG liable for the injuries that they had suffered. Roche AG faces nearly 1,000 lawsuits regarding inflammatory bowel disease from Accutane. These cases involve allegations that Roche AG failed to warn patients about the risk of debilitating bowel problems, such as ulcerative colitis and Crohn’s disease, from the use of Accutane. The company has so far lost all Accutane bowel disease trials that have reached a jury, with verdicts for plaintiffs totaling more than $56 million. These Accutane settlements and verdicts cast a negative light on Roche AG and has shown that many additional Accutane lawsuits could arise over the years, given the high number of people who have taken drug.


Actos is an oral prescription medication used to help fight type 2 diabetes in adults by controlling blood sugar levels. It is also used experimentally to treat other conditions. Actos has been on the market since 1999, when it was approved by the FDA.

What side effects have been linked to Actos?
Reported Actos side effects included cold symptoms, muscle pain, nausea, blurred vision, stomach pain, blood in urine, painful urination, shortness of breath, swelling or rapid weight gain, tooth problems, pale skin, easy bruising, increased hunger or thirst, headache, itching, weakness, upper respiratory infections, liver damage and chest pain. There is also an increased risk of bone fractures, heart problems and strokes when taking Actos.

On June 9, 2011 the French Agency for the Safety of Health Products decided to pull Actos from the market in regards to a high risk of bladder cancer. In addition, the United States FDA announced on June 15, 2011 that Actos used longer than one year may be associated with an increased risk of bladder cancer.

If I’m experiencing these side effects, is filing a lawsuit an option for me?
For those patients who have already been exposed to the dangers and increased risk of bladder cancer from the use of Actos, there is a possibility of recovering damages through a lawsuit. If you are no longer taking this drug but are still experiencing the side effects, you are still eligible for an Actos lawsuit.


Avandia, approved in 1999, is an anti-diabetic drug to control high blood sugar in people with type 2 diabetes.

What are some side effects that are possible with Avandia?
Possible Avandia side effects included dark urine, fast/pounding heartbeat, yellowing of eyes/skin, changes in menstrual cycle, bone fractures, persistent nausea/vomiting, stomach/abdominal pain, osteoporosis, hypoglycemia, severe allergic reaction, myocardial ischemia and vision changes. Avandia could also cause or worsen heart problems. The FDA has announced that Avandia will no longer be sold at retail pharmacies beginning this November due to the cardiovascular risks it poses to patients.

Can I file a lawsuit if I’m experience these side effects?
If you are experiencing serious side effects such as liver failure or heart related injuries, you may be eligible to seek legal claim. People are filing lawsuit complaints against the manufacturer and distributor of the drug, SmithKlineBeechan Corporation. The majority of people who have suffered from heart attacks and other related injuries related to the use of Avandia, file lawsuits.

Avelox, Cipro, Levaquin Aortic Aneurysm Lawsuits

Our attorneys are currently investigating claims that the manufacturers of these drugs knew or should have known about the dangerous and potentially life-threatening side effects of these drugs. We are currently investigating allegations that the drug makers failed to warn the medical community and their patients about the severity of these risks, including the rapid onset of aortic dissection and aneurysm, the potentially permanent damage caused by lack of blood flow, and the increased risk of death from internal bleeding.


Since 1983, when it was approved by the FDA, Depakote has been marketed in the United States as a medication for the treatment of epilepsy. The drug, made by Abbott Laboratories is also used to treat manic episodes associated with bipolar disorder, also known as manic depression. However, pregnant women taking Depakote have reported giving birth to a child born serious birth defects.

What are the side effects associated with using Depakote?
Reported Depakote side effects included loss of appetite, fever, vomiting and dark urine. These side effects could be the indication of liver damage. Side effects related to birth defects included spina bifida, intrauterine growth retardation, skeletal defects, hypospadias, neural tube malformations, undescended testes, hand structure malformations , cleft palate and even fetal death. The FDA classified Depakote into pregnancy category D due to its likelihood for causing serious and potentially life-threatening fetal side effects. A category D means observational studies in pregnant women have demonstrated a risk to the fetus.

Can I file a lawsuit?
Many are coming forward to file lawsuits claiming Abbott Laboratories did not properly warn the public about Depakote’s side effects. In order to get any sort of compensation, which could help pay for your child’s medical treatment, a lawsuit would need to be filed.


DePuy Orthopaedics developed and produced ASR XL Acetabular Hip System and DePuy ASR Hip Resurfacing System. These two devices have been manufactured and marketed since July 2003.

Approximately 93,000 individuals around the world have been implanted with these devices. DePuy Orthopaedics issued a voluntary recall in August 2010. This recalls means additional testing and monitoring may be necessary. This has been called the “largest disaster in the history of orthopedic devices” by some.

What are the side effects of defective DePuy hip implants?
While you can contact your doctor or surgeon to find out if you were implanted with one of these DePuy models, you can also look for these side effects: osteolysis, osteomyelitis, hip pain, thigh pain or groin pain. Revision surgery is often necessary for victims of these dysfunctional devices.

If I have defective hip implants, can I file a lawsuit?
Yes, many patients have already filed claims for the compensation from the manufacturer of the defective hip replacement systems. However, there is a limited period of time for a patient to file a legal claim so acting quickly is imperative.


Fosamax, an osteoporotic prescription drug, was approved by the FDA in 1995 and produced by Merck & Co. It is in the class of drugs known as bisphosphonates and changes the cycle of bone remodeling by slowing down bone loss while bone mass increases. This drug is used to treat osteoporosis that is post-menopausal or steroid-induced in nature. Fosamax can also be prescribed for Paget’s disease.

The FDA has required Merck & Co. to make several packaging updates to Fosamax in order to address severe problems associated with the drug.

Will I experience any side effects from Fosamax?
There are a number of side effects associated with Fosamax, ranging from mild to severe. Some mild side effects include abdominal cramping, obstipation, diarrhea, nausea and ulcerations. Long term use of this drug is linked to various bone injuries like osteonecrosis of the jaw, femur fractures and esophageal cancer. The FDA took action against Merck & Co. twice in 2010. The FDA insisted Fosamax add new warnings, basing its decision on several sources, including the American Society for Bone and Mineral Research.

If I’m experiencing these side effects from Fosamax, can I file a lawsuit?
A number of lawsuits related to jawbone injuries have already gone to trial in the U.S. More than 100 victims have already filed bone fracture lawsuits against Merck & Co., who is in the advanced stages of defending approximately 1000 injury claims. A recall of Fosamax may be in the future for Merck & Co.


Gadolinium, approved by the FDA in 1988, is used by doctor when a patient is undergoing an MRI or MRA scan. Gadolinium contrast dye improves the quality of the results and is generally safe to use. While it typically passes through the body safely, some side effects could surface. Since 1988, five different brands of contrast agents containing gadolinium have been approved for use in MRI’s: Magnevist, MultiHance, Omniscan, OptiMARK and ProHance.

What are some side effects I could experience with Gadolinium?
Some side effects of Gadolinium include headaches, light headedness, bone pain, muscle weakness, tightening of the skin, skin lesions, red patches on skin, decrease in blood pressure, facial swelling, impaired kidney function and nausea. An allergic reaction to Gadolinium could result in skin rashes, itching, hives and sweating. Any irritation of the blood vessels or blood clots could be potentially fatal. The most severe side effect of Gadolinium is nephrogenic systemic fibrosis (NSF), affecting the connective tissues throughout the body. NSF occurs when a patient is injected with Gadolinium but their body has trouble breaking down and eliminating the component. The metal accumulates in the body, leading to NSF. Initial signs of NSF are a burning sensation, pain, stiffness in joints and dark and hard patches of skin. If the NSF is left untreated, it can spread to internal organs and potentially be fatal.

Can I file a lawsuit if I’m experiencing these side effects?
Many afflicted patients have successfully brought on lawsuits against the manufacture of Gadolinium. There is no known treatment for NSF at this time, so filing a lawsuit could help you acquire the money you need to adequately take care of the affected patient. Many lawsuits that approach trial end with the defendant settling outside of court.


Hydroxycut is a dietary supplement marketed to aid weight loss. MuscleTech, the manufacturer of Hydroxycut, sells approximately one million units per year. However, the US FDA issued a warning in May 2009, warning some Hydroxycut products were being linked to serious side effects.

What are the side effects linked to Hydroxycut?
Ephedra, a component of Hydroxycut, thought to be a cause of many problems, has been removed from the weight-loss supplement. However, there are still a number of side effects possible, even with ephedra-free Hydroxycut. Reported Hydroxycut side effects include rhabdomyolysis, liver damage, seizures, cardiovascular disorders, jaundice, kidney failure and at least one death. In addition, increased blood pressure, nose bleeds, blurred vision, acne outbreaks, loss of appetite, increased heart rate, headaches, lightheadedness, dizziness, insomnia and nausea are all associated with Hydroxycut.

If I’m experiencing these side effects, can I file a lawsuit?
Yes, if you have used Hydroxycut and have experienced any of the above side effects, you may want to consult your physician and lawyer. To fully understand what is involved in the lawsuit process and to find out if you have a case, seeking professional counsel is advised. This can help determine the best course of action.


Paxil is an antidepressant, manufactured by GlaxoSmithKline, approved by the FDA in 1992. Paxil belongs to a group of drugs called selective serotonin reuptake inhibitors. The drug is used to treat depression, obsessive-compulsive disorder, general anxiety disorder, post-traumatic stress disorder, premenstrual dysphoric disorder, panic disorder and social anxiety disorder.

Are there any side effects with Paxil?
Yes, there are several documented side effects that Paxil users could experience. Patients using Paxil have experienced increased homicidal and suicidal tendencies. In addition, pregnant women who continue taking Paxil have suffered an array of birth defect side effects. The FDA labeled Paxil a pregnancy Category D threat to infants because the drug may cause heart defects or serious lung problems in newborn babies. Heart defects involving holes in the heart walls are believed to be particularly associated with Paxil. Less severe side effects include: increased nervousness, drowsiness, dizziness, insomnia, nausea, upset stomach, easy bruising, muscle problems, rigid muscles, fever and excessive sweating.

Is filing a lawsuit against Paxil or GlaxoSmithKline an option?
If you or your newborn baby have experienced any of these side effects, filing a lawsuit is definitely an option for you. Over 600 lawsuits have been filed over this issue and many people are receiving compensation for their misfortune. Many Paxil class action suits and cases are being filed for victims and their loved ones who have experienced these severe side effects.

Pelvic Mesh

Numerous women who have experienced pelvic organ prolapse, or other abdominal surgeries for weakened or damaged internal tissues that have received implants of a product known as transvaginal mesh or TVM, are reporting serious and potentially fatal injuries due to failures caused by the implants.

The Food and Drug Administration, FDA, has warned of and is currently investigating serious injuries caused by pelvic mesh medical devices. In 2011, the FDA issued a report which outlined their concerns and the dangers injuries potentially linked to pelvic mesh medical devices.

The Kagan Law Firm is currently representing and seeking women across the country who currently have or have had a pelvic mesh device implanted within the last five years. These devices include transvaginal mesh, bladder mesh, pelvic sling, and bladder sling devices.

Pelvic Mesh Complications


Reglan is used short term to treat heartburn caused by gastroesophageal reflux. This drug increases muscle contractions in the upper digestive tract. With an increased amount of muscle contractions, the heart rate speeds up and the stomach empties into the intestines. In 2009, the FDA warned consumers about the dangerous side effects of the drug.

What side effects can I experience from using Reglan?
When taking Reglan, there are several side effects to be aware of. The side effects include: tremors, mask-like appearance of the face, stiff muscles, high fever, sweating, confusion, fast or uneven heartbeats, lightheadedness, depressed mood, suicidal thoughts, hallucinations, anxiety, agitation, swelling, fluid retention, jaundice, drowsiness, headaches, insomnia, nausea and breast tenderness. In addition, Reglan is known to cause the condition tardive dyskinesia, a condition that causes involuntary movements or spasms. These movements or spasms may continue even after medication is no longer taken.

Can I file a lawsuit if I’m experiencing these side effects?
The FDA has now enforced a black-box warning. However, for many, this warning comes too late. If you have developed tardive dyskinesia or any of these other side effects, you should seek legal help immediately. Today, multiple Reglan lawsuits have been filed against the manufacturer for failure to provide sufficient warnings.

Shoulder Pain Pumps

Shoulder pain pumps are flexible intra-articular plastic catheters which are temporarily implanted and deliver pain medication directly to the shoulder joint for 48-72 hours. The pump is implanted in the shoulder, during the surgery. In July 2007, the American Journal of Sports Medicine concluded the pumps are highly associated with serious side effects. Problems with these shoulder pain pumps began after the pump was used to deliver the anesthetics continuously into the joint.

What are the side effects associated with should pain pumps?
Shoulder pain pumps have been highly associated with postarthroscopic glenohumeral chondrolysis. With this condition, the following side effects are expected: extreme joint pain, stiffness, loss of motion, weakness and a clicking or grinding of the joint. Chondrolysis is usually diagnosed with an x-ray. A narrowing of the should space will be evident if you suffer from chondrolysis. The only treatment for this condition is surgery. However, many victims never regain full use of their shoulder joint.

Can I file a lawsuit if I develop chondrolysis?
If you believe you have been harmed by your shoulder pain pump, seeking legal counsel is advised. More than 30 lawsuits have been filed due to shoulder pain pump complications already.


Topamax is an anti-epileptic drug, approved by the FDA and manufactured by Johnson & Johnson. It is used in the treatment of epilepsy, as well as migraines, and even diabetic neuropathic pain. Pregnant women taking this medication have reported giving birth to children with birth defects.

What are the possible side effects with Topamax?
Topamax has recently been reevaluated for safety among pregnant users. It is undetermined if Topamax is a viable medicine to treat migraines, considering the risk it poses on unborn infants. Babies affected by Topamax may experience and are 11 times more likely to develop a cleft lip, genital defects or a cleft palate. More mild side effects include: fatigue, taste change, weight loss, difficulty with concentration, difficulty with memory and numbness or tingling in the arms and legs.

Can I file a lawsuit?
If your child is born with defects which may have stemmed from Topamax use, call Kagan Law Firm. Lawyers can review your case and decide if you could receive compensation from Johnson & Johnson.


Xarelto is an oral medication used as a blood thinner. Receiving FDA approval in 2011, Xarelto is a new drug used to treat deep vein thrombosis, pulmonary embolism, and reduce the risk of blood clot formation in the legs and lungs following knee or hip surgery. Xarelto is also used to reduce the risk of stroke and clot formation in those who suffer from atrial fibrillation, not caused by a heart valve issue.It was target marketed as an alternative to Warfin as it does not require blood monitoring or special dieting, although the convenience does not outweigh the risk.

Patients have unfortunately suffered from uncontrolled bleeding as the drug does not currently have any known reversal agent. In 2012, the FDA reported that deaths from adverse events related to Xarelto were three times higher than those on Warfin. In addition, while it is supposed to prevent blood clots, the FDA has received reports of dangerous blood clots in Xarelto users.

Yaz, Yasmin, Ocella

Yaz, Yasmin and Ocella are brand name oral contraceptives that are very similar in chemical composition. Ocella is manufacturered by Teva Pharmaceuticals and was approved by the FDA in 2008. Yaz is manufactured by Bayer Healthcare. The contraceptive was approved by the FDA in 2006 and was made as a follow-up product to Yasmin.

In 2001, the FDA approved Yasmin. These pills are used to prevent pregnancy, treat moderate acne and regulate menstrual cycles. In addition, it also treats premenstrual dysphoric disorder symptoms. These symptoms include anxiety, depression, irritability, headache, and sleep or appetite changes.

What are symptoms associated with Yaz/Yasmin/Ocella?
There are several symptoms associate with Yaz, Yasmin and Ocella. The less serious side effects include: breast pain, darkening of facial skin, increased hair growth, loss of scalp hair, changes in weight and changes in menstrual cycles. There are more serious side effects that are of real concern including: blood clots, heart attacks, stroke, Deep Vein Thrombosis, gallbladder disease, pulmonary embolisms and death. A side effect more specific to Yaz and Yasmin is kidney damage.

Can I file a lawsuit?
If you have suffered side effects from the use of Yaz, Yasmin or Ocella, a lawsuit could be an option. In addition, if you are a family member of a deceased victim, you may also receive compensation for your emotional suffering, funeral costs and medical costs.

Zimmer Knee Replacements

Zimmer, manufacturer of a number of joint replacement systems, has been linked to several replacement failures. A popular system, NexGen CR-Flex, is made of a metal alloy and is attached by bone growth. Zimmer also produces NexGen Flex-Knee implants. 150,000 NexGen Flex-Knee implants have been sold since 2003. The FDA posted a recall on these products in September 2010. There have been over 65,000 replacements recalled and a stern warning from orthopedic surgeons concerning the Zimmer knee replacement systems.

How will I know if I have a faulty knee replacement system?
If you have been experiencing loosening of knee implants, difficulty walking or standing, have persistent knee and joint pain or have to receive revision surgery for your replacement, you may have a faulty knee replacement system. The high failure rate is maybe linked to design problems by Zimmer.

Can I file a lawsuit?
If you or a loved one has experienced pain, loosening of an implant or needs or has had revision surgery, you should consider seeking an attorney.


Zoloft is a prescription medication that is used to treat a number of medical conditions including depression, panic disorder, obsessive-compulsive disorder, premenstrual dysphoric disorder and social anxiety disorder. It is manufactured by Pfizer and was approved by the FDA in 1990.

What are some side effects of Zoloft?
Common side effects include nausea, insomnia, diarrhea, dizziness, dry mouth, fatigue, drowsiness, indigestion, shakiness, loss of appetite and decreased sex drive. Less common side effects include increased sweating, pain, burning or tingling sensation, headache, abdominal pain, weight loss, constipation, vision changes, hot flashes and nervousness. More severe side effects include: worsening of depression, mania and even suicide. Women who take Zoloft while pregnant could birth a baby with birth defects, as well.

Can I file a lawsuit if I experience these side effects?
If you or a loved one has experience these side effects in relation to Zoloft, seeking legal counsel is advised. There have been many successful lawsuits against Pfizer already with large settlements for some.


What is Zofran?
Zofran, an anti-nausea drug that is being used “off-label” to treat morning sickness in pregnant women, has been linked to a 30% increased risk of birth defects and a doubled risk of heart malformations, and cleft palate, according to several recent studies.

Can I file a lawsuit if I experience these side effects?
The Kagan Law Firm is currently accepting Zofran induced injury cases throughout the country. If you or someone you know has had a baby with a birth defect after taking Zofran during pregnancy, we urge you to contact our office immediately for a free consultation.

To learn more about Zofran, please click the link below.

Zofran Birth Defect Lawsuits

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