Personal Injury

Baby Brezza Formula Maker Liquid Baby Formula Machine Infant Injuries

Infant formula

Lieff Cabraser represents the parents of an infant girl whose survival was threatened by an allegedly defective liquid baby formula mixing machine manufactured and sold by Baby Brezza and The Betesh Group.

The lawsuit alleges that Baby Brezza knew or should have known that its Baby Brezza Formula Pro and Baby Brezza Formula Pro Advanced formula makers contain a dangerous design defect that produces overly watery insufficiently nutritive baby formula, and that the sale of defective makers and Baby Brezza’s failure to disclose their propensity to make dangerous insufficiently nutritive watery formula constitute unfair and deceptive business practices and breach of express and implied warranties.

Baby Brezza markets the formula makers as employing “patented mixing technology [that] automatically mixes formula and water to perfect consistency.” As alleged in the Complaint, the formula makers do not perform as advertised, and even when operated correctly produce formula that is too watery and lacks enough nutrients to allow infants to thrive. Improperly concentrated formula (either too watery or too dense) is dangerous because infants’ digestive systems are not sufficiently developed to process formula that is too watery or too concentrated.

Contact an Infant Injury Lawyer at Lieff Cabraser

If you suspect your infant received insufficient nutrition as a result of your reliance upon a Baby Brezza formula machine, please contact us today. There is no fee or obligation for our review of your case.


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Carnival and Princess Cruise Lines COVID-19 Virus Outbreak Negligence Lawsuit

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Lieff Cabraser and co-counsel represent passengers who were aboard the Grand Princess cruise ship in a federal class action injury lawsuit filed in the Northern District of California against Carnival, Princess Cruise Lines, and Fairline Shipping International. The lawsuit alleges that the companies that owned and operated the Grand Princess knew the ship was infested with the potentially lethal COVID-19 virus, but nevertheless negligently exposed more than 2,000 passengers to the virus by failing to adequately screen passengers and crew, timely implement quarantining and social distancing procedures, and failing to implement adequate disinfecting procedures. To date, 21 people aboard the Grand Princess have tested positive for the virus and 2 have died.

As noted in the Complaint filed on April 8, 2020, before the San Francisco-Hawaii voyage at issue in the lawsuit, the Grand Princess sailed between San Francisco and Mexico. During that voyage, several passengers reported Covid-1- symptoms, which likely exposed the other passengers and crew. Despite knowing this, the defendants allowed approximately 62 of these exposed passengers and over 1,000 crew members to remain onboard the Grand Princess after the Mexico trip and to continue traveling to Hawaii, exposing the unknowing new passengers, the plaintiffs in the lawsuit, to COVID-19. Defendants chose to not disclose this information to the new passengers coming aboard the ship. The lawsuit also alleges that defendants knew of Covid-19 outbreaks on other Carnival cruise ships, including multiple deaths, before the Grand Princess cruise left port.

Subsequently, on June 4th, 2020, a second class action lawsuit was filed on behalf of the more than 2,800 passengers negligently exposed to COVID-19 on the Princess Cruise Lines Grand Princess cruise from San Francisco to Mexico from February 11, 2020 through February 21, 2020. The lawsuit was filed in the United States District Court for the Central District of California.

The class action lawsuits seek compensation for harm caused by the defendants’ actions, including for damages for illness and emotional pain and suffering caused by defendants recklessly exposing passengers to this deadly virus.

Contact a Lawyer at Lieff Cabraser

If you or a family member suspect you were exposed to COVID-19 on the Grand Princess cruise, we urge you to use the form below to contact a lawyer at Lieff Cabraser today about your potential case. Your communication will be held in the strictest confidence, and there is no charge or obligation for our review of your case.


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Chrysler Headrest Deployments

Vehicle Headrest Injuries

Lieff Cabraser represents drivers and passengers in Chrysler vehicle headrest injury lawsuits relating to allegedly defective Active Head Restraint (AHR) systems in Dodge, Jeep Grand Cherokee, and other Chrysler vehicles. The headrests are intended to move forward in the event of a crash to prevent whiplash-type injuries. The headrests, however, have been reported to unexpectedly deploy even when the  car is not involved in an accident, presenting a serious risk of driver distraction and potential head and neck injuries.

Contact a National Injury Lawyer at Lieff Cabraser

If you, a family member, or someone  you know have experienced a sudden and improper Chrysler vehicle headrest deployment, we urge you to contact us today for a free, no-obligation consultation about your experience and potential claims.

The impacted vehicles include:

2010-2018 Dodge Journey
2010-2011 Dodge Nitro
2010-2012 Jeep Liberty
2010-2017 Jeep Patriot or Compass
2010-2012 Dodge Caliber
2010-2018 Dodge Caravan
2011-2018 Dodge Durango
2011-2018 Jeep Grand Cherokee
2010-2014 Sebring/Avenger

The first lawsuit relating to the Chrysler headrest injuries, Alger v. FCA US LLC f/k/a Chrysler Group LLC, Case No. 2:18-cv-00360, was certified as a class action in federal court in the Eastern District of California on February 18, 2020.


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Seattle Children’s Hospital Mold Injuries

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Lieff Cabraser is investigating claims that a serious mold infestation at Seattle Children’s Hospital was covered up “for years,” according to CNN, and ultimately sickened many patients and led to the deaths of at least six children.

Lawsuits have been filed on behalf of patients and their families who sought treatment at Seattle Children’s alleging the hospital knew as far back as 2005 that Aspergillus mold, particularly dangerous to children and others with weakened immune systems, was being transmitted via its air conditioning systems. As noted in the class action complaint, the hospital is purported to have undertaken a “cover-up designed to reassure its patients, doctors, nurses, and the public that its premises were safe, when in fact they were not.”

Contact a child injury lawyer at Lieff Cabraser

If you or a family member believe you were injured by exposure to toxic mold at Seattle Children’s Hospital or any other medical facility, we welcome the opportunity to talk with you about your rights and potential lawsuit. Call us today at 1 800 541-7358 or use the form below to request a free, no-obligation review of your mold injury case.


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Vivitrol Wrongful Death Lawsuit

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In February 2020, Lieff Cabraser filed a lawsuit in Superior Court in California on behalf of the family of California resident Clayton Stafford relating to Clayton’s mandated prescription use of Vivitrol that led to a tragic and preventable opioid overdose in February 2018. The lawsuit alleges that Clayton, his parents, his rehabilitation counselors, and healthcare providers were misled into believing that Vivitrol would be an appropriate solution for the treatment of his opioid addiction, and that if defendants properly marketed and warned about the limitations of Vivitrol, Clayton would not have used the drug that led to his death.

Vivitrol is an injectable release-version of Alkermes’ prescription drug naltrexone, marketed and sold to patients in need of drug addiction rehabilitation and therapy. The complaint alleges that defendants have known for years that naltrexone is an ineffective drug for the use treating opioid dependence; although the drug temporarily blocks the ability to feel the euphoric effects of opioid drugs, unlike longstanding and proven methods for treating addiction like methadone and buprenorphine, naltrexone does nothing to treat the patients’ continued addiction and powerful opioid cravings.

The complaint alleges that since Vivitrol only blocks the brain’s opioid receptors without treating the brain’s needs, patients’ cravings for opioids remain, and patients are not weaned off their drug addiction. Their opioid tolerance is therefore highly diminished, leading to a greatly heightened chance of overdose. Further, because Vivitrol blocks the body’s natural endorphins from attaching to the brain’s receptors, the patient remains in a mentally deficient state and more likely to seek potentially deadly overdoses external drugs for relief. Because the patient’s addiction is not adequately treated, the patient requires indefinite Vivitrol use to merely block the euphoric effects and keep him/her from seeking opiates.

Contact an injury lawyer at Lieff Cabraser

If you or a family member have taken Vivitrol, we welcome the opportunity to talk with you. There is no cost or obligation for our review of your case, and any information you provide will be held in the strictest confidence. Call us today at 1 800 541-7358 or use the form below to send us an email message.


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Gilead HIV Drug Kidney & Bone Injuries Litigation

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In lawsuits against pharma giant Gilead Sciences, plaintiffs across California allege they suffered kidney injuries and bone injuries from HIV drugs made and distributed by Gilead that were more harmful derivatives than other newer drugs the company had created but would not sell until its stock of the more harmful drugs was exhausted.

The Truvada, Atripla, Viread, Complera, Stribild Bone & Kidney Injuries

The Kidney Injuries relating to Gilead’s HIV drugs include chronic kidney disease, end stage renal disease (requiring dialysis), the rare Fanconi Syndrome, and Renal Tubule damage. These complications can lead to problems ranging from reduction in kidney function to complete kidney failure.

The Gilead HIV drug Bone Injuries include Osteopenia/Loss of bone density (with associated harm such as bone fracture or tooth loss), Osteoporosis, and Osteomalacia. The risk of patients suffering these bone injuries can be increased when patients also use steroids, antacids, anticonvulsants, or opioid drugs and when patients also suffer from thyroid disorders, gastrointestinal disorders, and autoimmune disorders.

The Gilead Truvada and Other HIV Drug Lawsuits

These first-in-the-nation claims against Gilead Sciences, Inc. allege injuries arising from plaintiffs’ ingestion of certain drugs used for the treatment of HIV. The lawsuit seeks damages and other remedies for personal injuries stemming from the ingestion of Gilead’s prescription medications (Truvada® and Atripla®) that contain tenofovir disoproxil fumarate (“TDF”). Among other things, Plaintiffs allege that Gilead knew or should have known of a safer alternative design for its TDF-containing drugs, and that Gilead failed to adequately warn of the known and knowable risks associated with its medications. The lawsuit alleges causes of action for strict products liability, negligent products liability, breach of implied warranty, and breach of express warranty.

Contact National Drug Injury Attorneys

If you believe you have suffered kidney or bone injury relating to Gilead HIV drugs you were led to take with insufficient warnings because Gilead delayed selling its safer and better HIV drugs until it could sell all of its earlier more harmful drugs, please contact Lieff Cabraser partner Sarah London today at 1 800 541-7358 or by using the form below to talk about your case and potential recovery. There is no charge for our review of your case, and all information you provide will be held in the strictest confidence.


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Children’s Hospital Los Angeles Stem Cell Destruction Investigation

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Lieff Cabraser is investigating reports that a malfunction and cryogenic freezer tank failure at Children’s Hospital Los Angeles has caused the destruction of 56 children’s blood stem cell collections harvested at the start of each of the child patient’s cancer therapy and stored against potential future use in cutting-edge oncological health treatments.

The hospital has apologized and sent letters to the families of each child whose harvested stem cells were destroyed, and has offered to assist those families who want to have their children’s cells harvested again. However, that process is known to be painful and grueling, especially for children. Some patients and families have expressed grave concerns that future harvesting may be impossible if the children’s cancers persist or return.

Children’s Hospital Los Angeles has indicated that the broken freezer has since been replaced, and sensors, monitoring, and alert systems have been “upgraded.”

Contact a Children’s Injury Lawyer at Lieff Cabraser

If your child is among the children affected by the tragic destruction of collected stem cells at Children’s Hospital Los Angeles, we urge you to contact a child injury lawyer at Lieff Cabraser today to discuss your case. There is no obligation or charge for talking with us, and the information you provide will help us hold Children’s Hospital Los Angeles accountable for any failures in monitoring, storage, or processing of harvested cells.


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Vaping and JUUL Lung and Heart Injury, Hospitalization, Stroke and Death Claims

Juul Vaping Stroke Injuries

Lieff Cabraser represents a young man who suffered a stroke as a result of his addiction to Juul vaped tobacco. Widespread media attention has focused on new studies and reports serious dangers and heightened risks associated with Juul products, particularly for users under the age of 26. The wide-ranging reports of injuries among young Juul users include strokes and heart attacks as well as other deadly reactions like pneumonia and inhalation disorders. Juul e-cigarettes are especially popular among young adults due to their teen-targeted sleek and discreet design and liquid-filled cartridges (“Juul pods”) that come in a variety of candy-like and other flavors, and that popularity is leading to serious adverse health consequences for younger Americans.

EMERGENCY HEALTH ALERT: Users urged to stop vaping immediately
9/6/19: Federal health authorities are urging people to stop using electronic smoking products while they investigate the death of a third person from a mysterious vaping illness that researchers say may have affected 2,290 people around the U.S.
9/16/19: New York Moves to Ban Flavored E-Cigarettes by Emergency Order.
9/19/19: FDA Reveals Criminal Probe of E-Cigarette Deaths & Injuries.
11/22/19: CDC Report Notes Number of Vape-Related Deaths in U.S. up to 47.

Our firm is investigating harrowing reports of strokes, heart and other coronary diseases, and seizures alleged to be related to vape use, as well as inhalation injury, inhalation pneumonitis and toxic inhalation pneumonitis, and pneumonia.

The plaintiff in the Juul injury lawsuit alleges that Juul manufactures and markets products that are inherently defective and do not perform safely as per user expectations, expectations created by Juul’s pervasive marketing. The lawsuit states claims that the Juul products deliver high doses of nicotine that far outweigh any claimed benefits. Juul is accused of a failure to adequately and properly warn potential users about the dangers in Juul as well as negligence in the manufacture, labeling, and promotion of its highly addictive products. Further, the company will not recall the devices despite the high risk of stroke in the young users it targets; the complaint notes that the Juul devices and pods are unsafe for anyone under 26, delivering as they do the equivalent of two full packs of old-style cigarettes with each single Juul pod.

Contact a Juul Addiction & Juul Stroke Injury Lawyer at Lieff Cabraser

If you or someone you know is addicted to Juul products, or has suffered a serious cardiovascular injury you believe may relate to Juul e-cigarettes, we urge you to contact us today about your case. Lieff Cabraser will provide answers to your legal questions, and can inform you of your legal rights, including your potential claims against Juul. Call us toll-free at 1 800 541-7358 or use the contact form below.


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Alaris Morphine Pump Infusion Set Recall and Injury Investigation

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Patient death from horrific morphine overdose leads to recall and lawsuits

Lieff Cabraser’s personal injury lawyers are investigating reports from across the U.S. that Alaris Pump medication infusion sets have a defect that can and has led to patient death from massive medication overdoses.

In May 2019, BD Medication Delivery Solutions issued an Urgent Medical Device Recall for certain models of its Alaris Pump Infusion Sets. Manufactured and distributed since 2016, lawsuits allege that the pump sets contain a defect that can lead to “unintended delivery of medication” when the pump is not running, or faster than expected delivery flow when the pump is running. A patient killed by an Alaris pump morphine overdose in 2017 is reported to have received 166 times the prescribed dosage of morphine.

Contact a personal injury lawyer at Lieff Cabraser

If you or a loved one has been injured by an Alaris Pump Infusion Set you believe may be defective, we urge you to contact one of our nationally-recognized personal injury lawyers today. There is no charge or obligation for our review of your case, and the information you provide will help hold Alaris accountable for any dangerous defects in its medical equipment, equipment that has the potential to injure thousands more Americans if unchecked.


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Dr. James Mason Heaps Sexual Battery & Sexual Exploitation Investigation

University Womens Clinic

Lieff Cabraser is investigating reports of charges filed in Southern California against a former UCLA staff gynecologist accused of sexual battery and exploitation of female patients at UCLA. At least two former patients of Dr. James Mason Heaps have come forward to file complaints alleging sexual exploitation and sexual battery against Dr. Heaps, complaints that UCLA declined to make public for almost two years. It remains unclear if UCLA’s suppression of the complaints led to additional female UCLA students/UCLA gynecological services patients being harassed and molested by Dr. Heaps at UCLA.

Sexual Assault & Abuse Lawyers at Lieff Cabraser

Lieff Cabraser represents the class of thousands of women who allege they were sexually abused, harassed, and molested by gynecologist George Tyndall, M.D., while they were students at University of Southern California from the 1990s through 2016. The pending settlement in that case, valued at $215 million, will require USC to adopt and implement procedures for identification, prevention, and reporting of sexual and racial misconduct, as well as recognize all of Tyndall’s patients through a $215 million fund that gives every survivor a choice in how to participate with a highest award tier of $250,000 for women willing and able to provide an interview substantiating their claim.

Contact Partner Annika K. Martin About Your Case

Lieff Cabraser partner Annika K. Martin is leading the investigation for our firm on behalf of women who may have suffered abuse and harassment by Dr. James Mason Heaps at UCLA. You can contact Annika by telephone at 415 956-1000 or you can use the confidential form below. There is no charge or obligation for the consultation, and all information will be held in the strictest confidence.


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Alleged Child Sexual Abuse in the Boy Scouts of America

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Lieff Cabraser is investigating disturbing and widespread allegations of child sexual abuse in the Boy Scouts of America. New reports by the Los Angeles Times and others that examined the Boy Scouts’ own internal records, some of which have been concealed for decades, reveal sexual abuse incidents relating to over 12,000 child victims by more than 7,800 suspected abusers. The records detailing these multiple thousands of incidents of child sexual abuse within the Boy Scouts of America date as far back as the 1940s, though the records only run up to 2016.

Reports note that even these numbers likely understate how many molesters infiltrated the Boy Scouts’ ranks over the years. Most of the suspected offenders were accused of abusing multiple boys, they noted, and many instances of abuse were never reported. The Boy Scouts have said in a statement that every account of suspected abuse has now been reported to law enforcement agencies.

Contact a Child Sexual Abuse Lawyer at Lieff Cabraser

Lieff Cabraser partner Annika K. Martin leads the cases for our firm on behalf of child and other victims who suffered sexual abuse. You can contact Annika by telephone at 800 541-7358 or you can use the confidential form below. There is no charge or obligation for your outreach, and all information will be held in the strictest confidence.


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Boeing 737 Max 8 Plane Defect Investigation

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The brand-new Boeing 737 Max 8 airplanes have now been grounded worldwide after the second deadly 737 Max 8 crash, a crash that occurred in Ethiopia on March 10, 2019. On March 29, 2019, it was announced that black box data review suggested a faulty sensor activated an automated system on the jet, similar to the events of the late 2018 crash of another Boeing 737 Max 8 in Indonesia. On March 17, 2019, preliminary analysis of data from the black boxes obtained after the crashes indicates notable similarities between the March 2019 Ethiopia crash and the earlier Indonesia 737 Max 8 crash. As noted by the New York Times, Boeing’s public statements about rushing out software changes for the high-tech planes “amount to a tacit admission by Boeing that its automated system was flawed.”

Startling new information emerged on March 19th, 2019 that the day before the October 2019 Lion Air 737 Max 8 crash, an off-duty extra pilot who happened to be in the cockpit was able to help the Lion Air crew struggling to control their diving airplane by correctly diagnosing the problem and showing the crew how to disable a malfunctioning flight-control system to save the plane. As reported by Bloomberg, “The next day, under command of a different crew facing what investigators said was an identical malfunction, the same jetliner crashed into the Java Sea, killing all 189 aboard.”

Airlines, airports, airplane manufacturers, and governmental agencies have the duty to protect the safety and security of passengers. The additional groundings account for about 40 percent of all 737 MAX aircraft in service. Lieff Cabraser is committed to helping ensure that passenger safety and security is the aviation industry’s number one priority.

Ethiopian Airlines Flight 302 took off from Addis Ababa in good weather with clear skies bound for Nairobi, Kenya, but struggled to attain a stable speed, prompting the pilot to issue a distress call and gain clearance to return to Addis Ababa. Tragically, the plane lost contact with air traffic six minutes after takeoff and then crashed, killing all 189 people on board. In response to FAA demands for “design changes” to the aircraft, Boeing announced on March 12, 2019 that it would be rushing out a software update for the planes as soon as possible, “no later than April.”

A two-hour shuttle between two of the busiest capitals in East Africa, Flight 302 carried passengers from at least four continents, including Africa, Europe, China, and the United States. As reported by the New York Times, the passengers also included delegates traveling to Nairobi for a week long UN environmental summit. The Times also noted, “While the cause of the crash is unclear, the disaster is certain to raise more doubts about the safety of the 737 Max 8, one of Boeing’s fastest-selling airplanes.” (The crashed 737 Max 8 appears to be identical to the Lion Air Max 8 that crashed in October 2018 in Indonesia).

Contact an Aviation Safety Lawyer at Lieff Cabraser

With offices in San Francisco, New York, Nashville, and relations with lawyers worldwide, Lieff Cabraser is uniquely positioned to investigate and answer questions in connection with suspected defects in 737 Max 8 planes. Our attorneys work as a team with researchers, analysts, and other staff members, drawing upon their combined knowledge, training, and skills to provide our clients with decades of experience in the field of aviation law. Lieff Cabraser’s partners, associates, and staff are committed to upholding the rights of aviation disaster victims and promoting aviation safety throughout the world. Contact us today toll-free at 1 800 541-7358 or by using the form below for a free, confidential, no-obligation review of your case.


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Rockefeller Hospital / Dr. Reginald Archibald Child Sexual Abuse Lawsuits

University Womens Clinic

In late 2018, the New York Times published revelations of a widespread pattern of sexual exploitation and abuse by now-deceased Dr. Reginald Archibald at The Rockefeller University Hospital in New York, a staggering range of incidents that dates back as far as the 1950s and may extend to a thousand child patients or more.

The Times cited “conversations with 17 people, most of them men, who said they were abused by Dr. Archibald when they were young boys or adolescents.” Most only learned that other victims existed after they received a letter in September 2018 from the hospital asking about their experiences with Dr. Archibald, which later was followed by an online posting stating that the Rockefeller Hospital had evidence of Archibald’s “inappropriate” conduct with patients via credible evidence the hospital had possessed since 2004. At least one recipient has noted that hospital administrators indicated such letters may have gone to 1,000 former patients of the doctor.

As the Times reported, “The men all described similar experiences with Dr. Archibald, who would tell them to disrobe when they were alone in his examination room. He would masturbate them or ask them to masturbate, sometimes to ejaculation. The doctor took pictures of them, while they were naked, with a Polaroid camera, and measured their penises both flaccid and erect, the men said.”

The 2019 New York Child Victims Act Significantly Increases Rights of Victims

A 2019 change in New York state law expands the reach of lawsuits against child sexual predators. Charges can now be brought until a victim turns 28, and victims can sue until age 55. The law also creates a one-year “look back” window during which old claims that had previously been time-barred can be revived. (Many states allow child sexual abuse claims to be brought decades after an assault occurs, and nine have no statutes of limitations on such offenses at all.)

Take the Time You Need to Ensure You Speak to the Right Counsel About Your Rockefeller Hospital Case

We understand that talking to anyone, let alone a lawyer, about these kinds of cases can be difficult and daunting. While we urge you to reach out to us, we acknowledge that every client brings a different level of comfort to the facts of their individual case. While the law does push victims to filing suit sooner rather than later, we encourage you to take the time you need to marshal your thoughts and emotions and gather your energy before using our secure, 100% confidential contact form below or calling us directly at 1 800 541-7358. We are here for you.


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3M Defective Earplugs Injury Lawsuit

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3M Combat Arms Ear Plugs

Lieff Cabraser is representing veterans and military servicemembers against 3M for allegedly defective ear plugs. 3M provided the military with earplugs that were standard-issue equipment from 2003 to 2015, including for servicemembers on tours in Afghanistan and Iraq, but over 100,000 military servicemembers now claim those earplugs caused them to suffer from hearing loss and tinnitus (constant ringing in their ears).

In July 2018, the Department of Justice announced that 3M had agreed to pay $9.1 million to resolve allegations that it knowingly sold the dual-ended Combat Arms Earplugs, Version 2 (CAEv2) to the United States military without disclosing defects that made the earplugs not protect hearing as promised.

After that revelation, thousands of veterans and servicemembers brought claims against 3M for the harms caused by the Combat Arms Earplugs. These lawsuits have been consolidated before a single federal judge, who appointed a team of attorneys to coordinate litigation against 3M. Lieff Cabraser is part of that leadership team, as the Court appointed Lieff Cabraser partner Kenny Byrd to the Plaintiffs’ Early Vetting Subcommittee.

Contact an Injury Lawyer at Lieff Cabraser

If you experienced hearing loss or tinnitus after serving in any branch of the military between 2003 and 2015, we encourage you to contact an experienced personal injury lawyer at Lieff Cabraser today. You can reach our Nashville, TN office toll-free at 1 866-313-1973 for a free, no-obligation, confidential discussion to learn about the ongoing litigation and your options. Or you can enter your information below to immediately be taken to an intake form to request representation for your 3M earplugs claim, after which Lieff Cabraser will contact you about your claim.

Will a legal case against a private company affect my VA benefits?

No. The VA does not consider any money you may be awarded from a lawsuit, or from a company’s bankruptcy trust fund. The VA’s primary financial concern is that you do not “double-dip” on a benefit.
You cannot receive money from the government twice for the same illness. The VA will consider your financial situation when the benefit for which you are applying is based on your income level, such as a VA Pension. The VA Disability Compensation amount is not based on income level or assets. Any assets acquired through the legal system have no effect on disability benefits.


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Hotchkiss School Sexual Abuse Lawsuits

College Preparatory School

We represent former students in sexual abuse lawsuits against The Hotchkiss School. The suits allege that, during their time at the Hotchkiss College Preparatory School in Connecticut in the mid-1980s and  1990s, the former students were subjected to ritual hazing of a sexual nature by older student-proctors and that they were raped by male teachers known to the School as pedophiles who had abused numerous other male students at the School.

On July 9, 2019, U.S. District Judge Victor Bolden (D. Conn.) ruled that a former student’s sexual abuse lawsuit against Hotchkiss can move forward. Though the judge dismissed a count of intentional infliction of emotional distress against the school, he ruled that the case can proceed on the four other counts, those of breach of fidicuary duty, recklessness, negligence, and negligent infliction of emotional distress.

Lieff Cabraser has also filed a separate suit on behalf on another former Hotchkiss student who alleges sexually assault by Smith. That case is pending.

Contact a Sexual Abuse Lawyer at Lieff Cabraser

Lieff Cabraser partner Annika K. Martin is leading the litigation for our firm on behalf of those who suffered violence, abuse, and harassment at the Hotchkiss School. You can contact Annika by telephone at 415 956-1000 or you can use the confidential form below. There is no charge or obligation for your outreach, and all information will be held in the strictest confidence.


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Huntington Hospital and Dr. Patrick Sutton Gender Violence & Sexual Abuse Class Action

University Womens Clinic

On March 16, 2020, the Honorable Otis D. Wright, U.S. District Judge for the Central District of California issued a ruling that the class action sexual abuse lawsuit filed by Lieff Cabraser and co-counsel on behalf of multiple Jane Doe plaintiffs and what are estimated to be thousands of class members against Pasadena’s Huntington Hospital and Dr. Patrick Sutton should move forward.

While dismissing some of the Doe plaintiffs’ sexual harassment and gender violence claims on procedural grounds, the Judge’s Order found sufficient grounds for the plaintiffs’ sexual assault, sexual battery, negligence, gross negligence, and punitive and exemplary damages claims, a subset of the sexual harassment and gender violence claims advanced by some of the Doe plaintiffs, and significantly, also upheld plaintiffs’ collective class action claims, and directed that the litigation should move forward to formal discovery and trial.

Earlier in the Case

On October 10, 2018, Lieff Cabraser and co-counsel filed a class action lawsuit on behalf of women who were sexually abused, harassed, and molested by gynecologist Patrick Sutton, M.D., while they were patients at Huntington Hospital in Pasadena, California.

As detailed in the complaint, plaintiffs referred to as Jane Doe K.G. Jane Doe T.F., and Jane Doe B.S. allege that Sutton used his position of authority and trust to sexually abuse them and potentially thousands of other women who were patients of Dr. Sutton and Huntington Hospital. Read a copy of the Class Action Complaint.

WERE YOU TREATED INAPPROPRIATELY BY DR. PATRICK SUTTON?
Lieff Cabraser partner Annika K. Martin is co-leading litigation on behalf of women who suffered violence, abuse, and harassment by Patrick Sutton at Huntington Hospital. You can contact Annika by telephone at 415 956-1000 or you can use the confidential form below.

Nature of the Lawsuit

The complaint was filed by three women who allege assault and harassment by Sutton, and notes that the hospital had received numerous complaints about Sutton’s behavior dating back 20 years, yet continues to allow him to practice there. Dr. Sutton has worked at Huntington Hospital since 1989.

The lawsuit further alleges that Huntington Hospital routinely disregarded complaints about Sutton’s behavior, complaints that date back to the 1990s, actively and deliberately concealing Sutton’s sexual abuse and continuing to grant him uncontrolled sexual access to female patients at the hospital, all to protect Huntington Hospital’s reputation and income stream.

As noted in the lawsuit, the plaintiffs and other class members had no reason to suspect that Sutton was anything other than an ethical and competent physician. Sutton used his position of trust and authority to prey on his patients by conducting improper and intrusive sexual touching as well as to make inappropriate and sexually harassing comments during exams.

As alleged in the complaint, Huntington Hospital began to receive complaints about Sutton’s behavior in the late 1990s — complaints that continued for the next several decades. But the Hospital failed to take any action in response to the complaints, continuing to employ and even promote Sutton. The complaint further alleges that instead of taking disciplinary or other action such as terminating Sutton’s employment in response to the myriad complaints against him, Huntington continued to protect Sutton and continually provide him with full access to new and existing patients.

Charges Against Sutton and Huntington Hospital

The suit has been filed against Dr. Sutton, Huntington Hospital, and the Medical Staff of Huntington Hospital over charges including gender violence, sexual assault, sexual battery, sexual harassment, negligence, negligent hiring, negligent supervision, and negligent failure to warn, train, or educate relating to the gynecological medical treatment received by the Plaintiffs and the class while they were patients at Huntington Hospital.

Contact a Sexual Abuse Lawyer at Lieff Cabraser

Lieff Cabraser partner Annika K. Martin is leading the litigation for our firm on behalf of women who suffered violence, abuse, and harassment by Patrick Sutton and Huntington Hospital. You can contact Annika by telephone at 415 956-1000 or you can use the confidential form below. There is no charge or obligation for your outreach, and all information will be held in the strictest confidence.


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Zimmer Taper Hip Injuries

hip implant

Issue: Corrosion and wear in Zimmer Taper Hip Implants

Zimmer ML Taper & Zimmer ML Taper With Kinectiv® Technology

Zimmer hip implant patients across the U.S. are reporting injuries relating to the corrosion and trunnionosis (excessive wear) of their ML Taper and ML Taper with Kinectiv® hip implants. Close to 30 separate cases have been filed in federal court, and the cases were recently centralized for coordinated treatment in New York. Reported injuries include metallosis, pseudotumors, and which can mandate painful and expensive revision surgery. The problems are allegedly due to mechanically-assisted crevice corrosion, head/neck corrosion, and/or trunnionosis at the femoral stem and femoral head junction.

Zimmer Hip Injury Lawyers

Lieff Cabraser currently represents hip implant patients injured by Zimmer ML Taper hip implants, and served as Co-Liasion Counsel for patients nationwide injured by the defective Durom Cup manufactured by Zimmer Holdings. Our law firm has been recognized by U.S. News, Best Lawyers, and the National Law Journal as one of the top plaintiffs’ law firms in the nation. Please contact us by completing the contact form below or calling us toll-free today at 1-800-541-7358.

Zimmer Hip Lawsuits and Settlements

In previous lawsuits filed against Zimmer, patients charged that the company’s Durom Cup was defective as friction from the metal-on-metal components caused microscopic metal shavings to be released into the surrounding blood and tissue. Many patients developed “metallosis,” an inflammatory reaction to the elevated metals in the tissue and blood. As a result, the hip implants failed prematurely and patients were compelled to undergo painful revision surgery.

In 2011 and 2012, numerous patients represented by Lieff Cabraser settled their cases with Zimmer on favorable, confidential terms. As of 2018, we continue to represent clients injured by Zimmer hip implants.

Contact Lieff Cabraser

If you have had to undergo revision surgery to replace your Zimmer ML Taper hip implant, or have revision surgery scheduled, please complete the form below to contact Lieff Cabraser. We will review your case for free and without any obligation on your part. Or call us toll free at 1-800-541-7358 and ask to speak to attorney Wendy Fleishman.

Our team of experienced personal injury lawyers and in-house legal nurse consultants and medical analysts provides each client with attentive, high-level, and individualized representation. We are passionate and committed to achieving justice for our clients.


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Sexual Abuse & Sexual Assault Lawyers at Lieff Cabraser

University Womens Clinic
Lieff Cabraser represents both women and men in civil lawsuits over cases of sexual abuse, sexual assault, and sexual harassment. Our cases include the representation of victims in male-on-male sexual assault cases like that of a former student of the prestigious Hotchkiss college preparatory school in Connecticut, as well as female students and former students alleging widespread sexual abuse by USC gynecologist George Tyndall against hundreds of women at USC over nearly three decades.
HAVE YOU BEEN SEXUALLY ASSAULTED OR ABUSED?
Lieff Cabraser partners Annika K. Martin, Wendy Fleishman, and Jonathan Selbin lead litigation for our firm on behalf of victims of sexual violence, abuse, and harassment across the U.S. Contact them today by telephone at 415 956-1000 or you can use the confidential form below.

Compassion and Respect for Victims and Victims’ Rights

Our primary concern in these cases is you. We understand that victims of sexual assault face challenges that extend far beyond the assault itself, and we treat each client with care, compassion, and patience as we bring our considerable legal skills to bear upon their cases. Our team of firm partners prosecuting these and other sexual harassment and assault matters includes Wendy Fleishman, Annika K. Martin, and Jonathan Selbin, who have successfully championed the rights of injury and assault victims across the U.S. We also have a large support staff of paralegals and nurse consultants who work individually with every client in every case to see that justice is served and that no effort is spared in the vigorous and comprehensive prosecution of our clients’ claims.
VICTIM RESOURCE LINKS ARE AVAILABLE BELOW THE CONTACT FORM
See the list further down this page for numerous links to resources for victims of sexual violence, assault, and abuse.

Take the Time You Need to Ensure You Speak to the Right Counsel About Your Case

We understand that talking to anyone, let alone a lawyer, about these kinds of cases can be difficult and daunting. While we urge you to reach out to us, we acknowledge that every client brings a different level of comfort to the facts of their individual case. While there do exist statutes of limitation that mandate relatively quick filing of cases, we encourage you to take the time you need to marshal your thoughts and emotions and gather your energy before using our secure, 100% confidential contact form or calling us directly at 1 800 541-7358. We are here for you.


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Resources and Links for Victims of Sexual Assault and Sexual Violence

 

Zofran Drug Birth Defect Lawsuits

Doctor with pills

Issue: Cleft palate and heart birth defects

Zofran Drug Birth Defect Lawsuits

In June of 2018, Law360 reported on “bombshell” allegations in Zofran lawsuits that GlaxoSmithKline employed — but later fired — a small team of specialists to secure hedge fund money and deploy pharmaceutical sales representatives to ask every OB-GYN in the country to prescribe the Zofran anti-nausea drug off-label to pregnant patients. The revelations came as plaintiffs in the suits asked the court to extend the discovery deadline so they could gather more information on what two former product managers reportedly described as a mid-2000s plan to get more than 30,000 doctors nationwide to consider prescribing the antiemetic Zofran to pregnant women who allegedly did not actually need the high-power drug, originally intended for cancer patients.

Earlier Developments in the Zofran Heart Defects Lawsuits

The National Law Journal reported on August 13, 2015 that more than 30 lawsuits have been filed by parents alleging that taking anti-nausea prescription Zofran for morning sickness during pregnancy caused birth defects in their children including congenital heart defects, cleft lip and cleft palate. Lieff Cabraser attorney Sarah London noted,

Zofran is a powerful drug approved only for chemotherapy and post-surgery patients. The manufacturer, GlaxoSmithKline, pushed doctors to prescribe this drug to pregnant women, and as a result, babies have been hurt. Now GSK refuses to take any responsibility. Our team at Lieff Cabraser is fighting to achieve justice for those families who have been hurt. We plan to file new lawsuits shortly and are investigating many more potential claims.

Lieff Cabraser represents parents and their children who developed birth defects linked to prescription drugs taken during pregnancy. These cases include birth defect lawsuits due to the use of the anti-nausea drug Zofran (also sold under the generic name ondansetron).

Sarah London Speaks on Dangerous Zofran Birth Defect Injuries & Lawsuits

Zofran was FDA approved in 1991 to treat nausea from chemotherapy and later expanded for use as a treatment for surgical nausea. Lawsuits allege that the drug has been marketed “off-label” (i.e., promoted in the market for uses not approved by the FDA) by GlaxoSmithKline to obstetricians and gynecologists to prescribe to their pregnant patients to control the pregnancy nausea commonly referred to as “morning sickness.”

Troubling new evidence links Zofran taken during pregnancy with increased risks of certain birth defects including cleft palates, certain heart defects, and other injuries.

Studies on Birth Defect Risks of Anti-Nausea Zofran During Pregnancy

Zofran and Infant Heart Birth Defects

In 2014, the American Journal of Obstetrics and Gynecology published a study highlighting increased risks of serious cardiovascular incidents in pregnant women taking Zofran and discussing conflicting studies that could not rule out similar dangers to the fetus. In addition, in 2013 a Danish study found that in 600,000 pregnancies studied over a seven-year period, where the drug was started earlier than ten weeks into the pregnancy there was a two-fold increase in congenital heart birth defects.

Zofran and Cleft Palate

In January 2012, the Center for Birth Defects Research and Prevention identified a two-fold increased risk for cleft palate associated with exposure to Zofran during pregnancy when taken in the first trimester. There were more than 9,000 pregnant women in the study overall, both cases and controls.

FDA Warning on Use of Zofran During Pregnancy

In July 2014, the FDA issued a safety warning on “serious risks” for mothers associated with taking Zofran, especially in pregnant women with electrolyte imbalance due to severe nausea and vomiting.

In addition, based on recent studies regarding the association between Zofran use in early pregnancy and congenital cardiac malformations and oral clefts (cleft lip and palate), the FDA has strongly cautioned against Zofran’s use in pregnancy.

USC and Dr. George Tyndall Gender Violence & Sexual Abuse Class Action

University Womens Clinic

Update: On February 19, 2020, Judge Steven V. Wilson of the U.S. District Court for the Central District of California granted final approval to the $215 million settlement of the gender violence and sexual abuse class action litigation filed on behalf of nearly 18,000 women against Dr. George Tyndall and the University of Southern California. The settlement will require USC to adopt and implement procedures for identification, prevention, and reporting of sexual and racial misconduct, as well as recognize the harm done to all of Tyndall’s patients through a $215 million fund that gives every survivor a choice in how to participate.

Earlier in the Case

On June 13, 2019, Judge Wilson issued an order granting Plaintiffs’ renewed motion for preliminary approval of the class action settlement of the gender violence and sexual abuse litigation against Dr. George Tyndall and the University of Southern California.

On February 12, 2019, University of Southern California (USC) students and alumni filed a class action settlement agreement resolving claims related to gynecologist George Tyndall, M.D. that will require USC to adopt and implement procedures for identification, prevention, and reporting of sexual and racial misconduct, as well as recognize all of Tyndall’s patients through a $215 million fund that gives every survivor a choice in how to participate.

On October 19, 2018, the settlement was originally announced by the University of Southern California whereunder it agreed to pay $215 million to resolve the proposed class action accusing former staff gynecologist George Tyndall of sexually abusing potentially thousands of women while they were students at USC.

The case will be settled as a class action, subject to approval by the U.S. District Court for the Central District of California, on the basis of a class defined to include “all current or former female students who were seen for treatment by Dr. George M. Tyndall at USC’s student health center for women’s health issues.”

WERE YOU TREATED BY DR. GEORGE TYNDALL AT USC?
Lieff Cabraser partner Annika K. Martin, herself an alumnus of USC’s law school, is leading the litigation for our firm on behalf of women who suffered violence, abuse, and harassment by George Tyndall and USC. You can contact Annika by telephone at 415 956-1000 or you can use the confidential form below.

The settlement proposes a tiered structure for recovery that allows victims to choose the level of engagement they wish to have with the claims process and how they wish to communicate their stories. All women who USC’s records show saw Tyndall for a women’s health visit will automatically get a $2,500 check. In part, the automatic payments represent compensation for their school knowingly putting them at risk and in harm’s way by harboring and protecting Tyndall long after they knew he was acting inappropriately with student-patients, and continuing to grant him exclusive access and opportunity to abuse female student-patients.

Additionally, the claim process has two tiers of recovery above the baseline $2,500 Tier One amount. The Tiers are structured around allowing victims to choose their level of engagement with the process – if they only want to submit claims in writing, they can choose that, which allows them a certain range of potential claim payments above the 2,500 floor; if they are willing and able to provide an interview, they can be eligible for a range up to the highest $250,000 amount. But at all levels, it is about allowing victims a safe process in which to come forward, where they have control over how much they want to engage in the process and what they feel comfortable with.

History of the Case

On June 5, 2018, Lieff Cabraser and co-counsel filed a class action lawsuit on behalf of women who were sexually abused, harassed, and molested by gynecologist George Tyndall, M.D., while they were students at University of Southern California (“USC”).

While attending USC as a student, the representative Plaintiff—who is named only as Jane Doe 1 to protect her privacy—was forced to repeatedly seek medical treatment from Tyndall, who was the only full-time gynecologist on staff at USC’s Student Health Clinic. The lawsuit alleges Tyndall used this position of trust and authority to repeatedly sexually abuse the Plaintiff and potentially thousands of other class members, women who were examined by Dr. Tyndall at USC. Read a copy of the Class Action Complaint.

Nature of the Case

Plaintiff and the class members are or were female students attending USC who sought gynecological care through the USC student health system and were patients of Tyndall during his tenure at USC. Plaintiff and other members of the Class had no reason to suspect Tyndall was anything other than a competent and ethical physician. Knowing that Plaintiff and other class members were trusting and vulnerable – and in many cases still teenagers who had never visited a gynecologist before – Tyndall used his position of authority to make Plaintiff and other victims fully disrobe for no reasonable medical purpose, then fondled and groped their breasts and other intimate areas while making suggestive and improper comments, used his fingers to penetrate their vaginas and genital regions for the purpose of his own sexual arousal and gratification, and engaged in verbal discussions about inappropriate sexual topics, for no legitimate medical purpose and for no other reason than to satisfy his own prurient sexual desires. Tyndall also made racially discriminatory and sexually harassing comments.

Through his employment with USC, Tyndall also used his position of authority as a medical professional to take hundreds of nonconsensual and medically unwarranted photographs of female genitalia under the guise of medical “treatment.” Tyndall particularly targeted young students, many of whom were foreign students, and who were frequently unfamiliar with the nature of gynecological examinations as a result of their youth, inexperience, and/or cultural background. Many of these young women did not know that what Tyndall was doing during the examinations was not proper protocol and did not realize he was engaging in sexual misconduct, sexually violating them, and taking advantage of them.

As alleged in the complaint, despite the fact that USC has publicly admitted that it received numerous complaints of Tyndall’s sexually abusive behavior, dating back to at least the year 2000, USC actively and deliberately concealed Tyndall’s sexual abuse for years, continuing to grant Tyndall unfettered sexual access to the female USC students in his care.

USC hid the complaints despite the fact that many of the complaints came directly from its own employees and staff, including nurses and medical assistants who were physically present during the examinations as “chaperones,” and witnessed the sexual misconduct firsthand. Despite receiving years of serious complaints of significant misconduct about Tyndall, including sexual misconduct, USC failed to take any meaningful action to address the complaints until it was finally forced to do so in June 2016.

Charges Against Tyndall and USC

The suit has been filed against Dr. Tyndall and USC over charges including gender violence, sexual abuse, sexual assault, sexual battery, sexual harassment, negligence, negligent hiring, negligent supervision, negligent failure to warn, train, or educate, and wanton and reckless conduct relating to the gynecological medical treatment received by the Plaintiff and the class while they were students at USC.

Contact a Sexual Abuse Lawyer at Lieff Cabraser

Lieff Cabraser partner Annika K. Martin, herself an alumnus of USC’s law school, is leading the litigation for our firm on behalf of women who suffered violence, abuse, and harassment by George Tyndall and USC. You can contact Annika by telephone at 415 956-1000 or you can use the confidential form below. There is no charge or obligation for your outreach, and all information will be held in the strictest confidence.


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