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Pharmaceutical Drugs & Medical Devices

RPWB attorneys lead national pharmaceutical cases

There is nothing more important than your health. If you have been the victim of wrongful or improper practices by drug manufacturers and the makers of medical devices, you deserve to be fully compensated. Our attorneys can help.

RPWB is nationally recognized for representing individuals who have been harmed by prescription and non-prescription drugs as well as medical devices. Often times, patients are not given adequate warning of potentially life-threatening side effects.

Our attorneys hold leadership positions in national litigation against pharmaceutical companies and medical device manufacturers as we push the industry to bring safer drugs to market. We have the experience, reputation, skill and capacity for leading these large, complex cases against powerful corporations and the nation’s top defense attorneys.

Pharmaceutical Litigation

RPWB is currently accepting cases involving the following drugs:

  • Xarelto®
  • EpiPen®/EpiPen Jr.®
  • Zofran®
  • PPIs (Nexium®, Prilosec®, Prevacid®, Protonix®, Aciphex® and others)
  • Talcum Powder
  • Lipitor®

In 2014, we were named lead counsel of the Lipitor® Multidistrict Litigation, in which it is alleged that the drug caused some patients to develop type 2 diabetes and related injuries. Lipitor litigation is proceeding in several state courts as well as federal court in Charleston, South Carolina.

Medical Device Litigation

RPWB is currently accepting cases involving the following medical devices:

  • Hip implants, including the DePuy ASR, DePuy Pinnacle, Stryker Rejuvenate & ABG II, and Wright Conserve & Profemur.
  • DePuy Synthes Elbow Implants
  • Ethicon Physiomesh
  • Transvaginal mesh products manufactured by Boston Scientific, Ethicon, American Medical Systems, C.R. Bard, Inc., and Coloplast Corporation.
  • Bair Hugger
  • Stockert 3T cases in which patients developed infections.
  • IVC filters
  • Gastric Balloons

Representative Cases

Our firm has substantial national experience with products liability litigation against drug makers and medical device manufacturers.

With respect to pharmaceutical litigation, RPWB attorneys currently serve or have served on various National Plaintiffs’ Steering Committees for consolidated litigation involving: Baycol®, Chantix®, Lipitor®, Ortho Evra®, Phenylpropanolamine (PPA), Rezulin® and Zyprexa®.

RPWB attorneys were heavily involved in national litigation against several manufacturers of breast implants for selling defective products, including a prominent role in the MDL against Dow Corning that resulted in a $3.2 billion settlement for 400,000 women.

We served on the Plaintiffs’ Steering Committee for a consolidated action involving the Norplant contraceptive system and worked the national multidistrict litigation against the manufacturers of hip and jaw implants.

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Mutual Fund Litigation

Trillions of Dollars Are at Stake

Millions of Americans invest their retirement savings, college savings, and life savings in mutual funds. As of the end of 2014, over $16 trillion were invested in U.S. mutual funds. This was an increase of $6 trillion over five years. Unfortunately, the 43 percent of American households that have chosen to entrust their hard-earned dollars to mutual fund advisors and distributors are being taken advantage of in the form of excessive and unlawful fees and other abuses, which ultimately deplete the return on investment they seek. Mutual funds are overseen by boards of directors who are supposed to be independent from the advisors who create and run the mutual funds. These directors are to serve as “watchdogs” and are charged with looking out for the interests of mutual fund investors; however, these “watchdogs” often serve as nothing more than rubberstamps for the advisors, typically approving the advisors’ proposals in rote fashion.

While the mutual fund industry has suffered several highly-publicized scandals over the years, such as those involving late trading and market timing, the most common abuse is excessive advisory fees. For decades, the mutual fund industry has violated its duties to investors by charging exorbitant fees.

Rogers, Patrick, Westbrook & Brickman has been at the forefront of the fight to protect mutual fund investors from the climate of greed that has permeated the mutual fund industry.  We have sought to hold mutual fund advisors accountable for reaping excessive fees and profits at the expense of investors. Our attorneys have obtained favorable settlements for our clients against some of the mutual fund industry’s worst offenders.

In March 2010, in the case of Jones v. Harris Associates, L.P., attorneys at Rogers, Patrick, Westbrook & Brickman secured a landmark victory for mutual fund shareholders.  In Jones, the United States Supreme Court sided with plaintiffs and significantly broadened shareholders rights under the Investment Company Act.

Our firm is continuing to wage the fight to protect mutual fund shareholders.  Please contact us with any questions or if you’d like to explore your legal rights.

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Healthcare Fraud

Driving Up The Cost For Everyone

RPWB attorneys have significant experience attacking healthcare fraud, a major problem in the United States that drives up the cost for everyone. Because of the pervasiveness of healthcare fraud, statistics now show that 10 cents of every dollar spent on health care goes toward paying for fraudulent healthcare claims.

If you have knowledge of healthcare fraud, it is important that you contact an attorney to protect your rights.

Fraud Takes Many Forms:

  • Selling prescription pills on the black market for a profit
  • Billing for care never provided
  • Filing duplicate claims
  • Modifying medical records
  • Intentional incorrect reporting of diagnoses or procedures to maximize payment
  • Providing false information when applying for programs or services

You Can Help Stop The Fraud

Healthcare fraud can be attacked under federal and state laws. One important weapon in the war against healthcare fraud is the False Claims Act. It allows whistleblowers who report fraud to share a substantial portion—often 15–25 percent— of the money recovered by the government. The False Claims Act, also known as a qui tam action, allows people who have insider information of fraud against the government to file a suit to help stop the bad actor from defrauding the United States government. The purpose of the False Claims Act is to encourage private individuals who are aware of fraud against the government to alert the government and minimize the drain on taxpayers’ funds.

In order to share in the government’s recovery, the whistleblower must carefully comply with the False Claims Act and must not knowingly have participated in the fraud.

If you or someone you know has been the victim of systematic fraud, or a witness to it, you have rights. RPWB attorneys can assure that when you are doing the right thing, you will be rewarded rather than punished for your actions.

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Environmental & Natural Resource Damage

Environmental Litigation

The lawyers of Rogers, Patrick, Westbrook & Brickman have extensive experience investigating and litigating instances of water contamination and environmental degradation, often on behalf of governmental entities.

RPWB has served lead roles in successfully litigating dozens of natural resource damage cases on behalf of the State of New Jersey, the Commonwealth of Puerto Rico, and United States Virgin Islands.  The majority of these cases involved groundwater and/or surface water contamination from industrial facilities, plants, factories, oil refineries and gas stations. RPWB lawyers worked extensively with experts in the fields of hydrogeology, chemistry, resource valuation, and economics to fully evaluate the extent and damage caused by contamination of valuable water resources.  RPWB’s representation resulted in the recoveries of millions of dollars to compensate the various governmental agencies and to assist in cleanup and preservation efforts.

This included bringing justice to the residents and government of the U.S. Virgin Islands for contamination of the primary aquifer used by St. Croix to supply the island’s drinking water and surface pollution to sites surrounding an oil refinery and alumina refinery. In total, RPWB attorneys recovered financial compensation and environmental remediation efforts between $166.5 million and $189.5 million against large and powerful corporate interests.

In May 2014, Commissioner Department of Planning & Natural Resources v. Century Alumina Company settled for an estimated $140-$160 million, an amount that varies based on the cost of environmental remediation. In the settlement, responsible parties associated with the two refineries – Hess Oil Virgin Islands, Hovensa and Lockheed Martin – agreed to make cash payments of $67.25 million and clean up damage to the aquifer and contaminants still present on the site surrounding the refineries.

Two years prior, in 2012, three other defendants who had ownership stakes in the alumina refinery at various points over its 30 years of operations settled, agreeing to address long-standing environmental contamination on the island by embarking on a comprehensive project with government oversight to cover red mud contamination and plant vegetation to curtail erosion. That work was estimated to cost between $26.5 million and $29.5 million.

Environmental remediation to an area of St. Croix near an oil refinery and alumina refinery. 

 

RPWB is recognized by The Legal 500 as one of the top toxic tort firms in the country. In addition, we are a U.S. News & World Report 2019 Best Law Firm and are the top-listed class action and mass tort law firm in the Best Lawyers in America.

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E-Cigarette Explosion Lawsuits

RPWB Leads Fight Against E-Cigarette Explosions

RPWB attorneys are litigating product liability and personal injury cases against electronic cigarette and personal vaporizer manufacturers.

We have a long track-record of representing people who were burned by defective products, including gas cans, deep fryers and gas grills. A recent example is our work to help more than 50 people who were hurt or killed by exploding gas cans. One group of clients received more than $60 million from Blitz U.S.A, Inc., and Walmart as a part of a settlement in the Blitz U.S.A., Inc. bankruptcy.

RPWB was named a 2018 Best Law Firm by U.S. News & World Report in the areas of products liability and personal injury litigation. We are the top listed plaintiff product liability law firm in South Carolina as rated by Best Lawyers in America.

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Predatory Lending

Defending consumers from predatory practices

 Since its inception, RPWB consumer lending attorneys have been active defenders of consumer rights in the face of predatory lending and credit practices. RPWB attorneys have been appointed class counsel in numerous state and federal cases involving predatory mortgage lending and have obtained over $100 million in settlements for consumers.

Know-how and success

RPWB attorneys are conversant with federal and state lending laws and regulations. They have managed:

  • Complex federal actions
  • Multidistrict litigation
  • Multiple class actions against major lending and banking institutions involved in predatory lending practices

RPWB lawyers Hoyt Rowell and Chris Tuck, together with co-counsel, have recovered tens of millions of dollars in consumer lending class-action litigation across the United States. RPWB attorneys have also been named class counsel or participated in cases that have led to significant decisions regarding the operation of federal lending laws.

RPWB continues to pursue claims on behalf of borrowers whose loans were made in violation of state and federal law.

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Class Actions

Bringing justice to groups of plaintiffs who have been wronged

Class actions are a powerful tool for redressing systematic civil wrongs, including corporate misconduct, consumer or business fraud and discrimination. Because class claims typically involve financial losses that are too small to bring as individual cases, state and federal statutes generally allow for such claims to be aggregated and for the class representatives to pursue relief for all class members.

We are proud of our efforts to serve as an important check to unbridled capitalism and to bring justice that quite simply cannot be achieved by an individual plaintiff due to the inherent power differential between a single person and the world’s largest corporations.

Recovering damages is our business

Since the firm’s inception, RPWB class action attorneys have assisted class members in recovering impressive verdicts and settlements. The firm has represented and continues to represent thousands of consumers in various state and federal court class actions throughout the nation.

A list of some of our notable class counsel work can be found here.

 

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Lithium-Ion Battery Explosions

Defective Batteries to Blame for Injuries, House Fires

Battery Explosion Lawsuits

RPWB represents people throughout the country who were injured or lost their homes when lithium-ion batteries exploded or caught fire. This includes e-cigarettes, cell phones (such as the Samsung Note 7), personal vaporizers and remote controlled vehicles.

RPWB was named a 2021 Best Law Firm by U.S. News & World Report in the areas of products liability and personal injury litigation. Our firm is a top-listed plaintiff product liability firm as rated by Best Lawyers in America.

We have a long record of successfully representing plaintiffs suffering from burn injuries and those who have lost their homes to fire. This includes multi-million dollar settlements for lithium-ion battery explosions. Additionally, we have represented many people who were burned by other defective products, including gas cans, deep fryers and gas grills. This included more than 50 people who were hurt or killed by exploding gas cans. One group of clients received more than $60 million from Blitz U.S.A, Inc., and Walmart as a part of a settlement.

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Antitrust & Deceptive Trade

Protecting Competition and Consumers

RPWB antitrust attorneys have played a prominent role in enforcing federal and state antitrust laws designed to promote competition. And, more importantly, they have helped to prevent companies from actions that could lead to price fixing, monopolies and other anti-competitive practices.

If you believe you have an antitrust issue, there are two things you need to know about your rights:

  • Under federal antitrust laws, claims for damages are generally limited to individuals or companies who purchased goods or services directly from the company or person who violated the antitrust laws.
  • Many states, however, allow consumers and other indirect purchasers to sue for damages resulting from anti-competitive conduct, even though they did not purchase the goods or services directly from the company or person who violated the antitrust laws.

Experienced Antitrust Representation

RPWB has represented direct and indirect purchasers of goods in numerous markets that have been the subject of price fixing or other violations of antitrust laws. Recent examples of RPWB antitrust representation include:

  • Appointment as co-lead counsel in Delta/AirTran Baggage Fee Antitrust Litigation which alleges that Delta Airlines and AirTran Airways conspired to implement fees charged to passengers for checked bags. These fees have generated hundreds of millions of dollars for the air carriers.
  • Counsel in Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, a class-action lawsuit alleging that merchants were required to pay excessive fees to accept Visa and Mastercard due to violations of federal antitrust laws.
  • Appointment as co-lead counsel in the Beach, et al. v. Atlas Van Lines, et al. antitrust litigation which alleged that certain household goods carriers conspired to overcharge customers for fuel surcharges paid on household goods moves.  Following the court’s denial of defendants’ motions for summary judgment and granting plaintiffs’ motion for summary judgement on several critical issues, the parties negotiated a significant settlement for the plaintiffs.
  • Appointment by the federal district court for the Southern District of New York to serve as co-lead counsel in the In Re: Magnetic Audiotape antitrust litigation, an action in which purchasers of magnetic audiotape alleged tape manufacturers had violated federal antitrust laws. RPWB recovered in excess of $10 million on behalf of the class.
  • Served as class counsel in lawsuits brought by direct and indirect purchasers of magnetic iron oxide, a product used to manufacture audiotape, videotape, and other data storage tape.  The litigation resulted in a favorable settlement for the plaintiff class.

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