Case Results

Case Results

Mass Tort Settlements

In Re: Depo Provera

Nationwide Consolidation in Superior Court of New Jersey, Bergen County. Confidential settlement entered into by Pfizer to resolve claims pending in the New Jersey State coordinated litigation who suffered osteoporosis due to the failure of Pfizer to properly warn them and their physicians of the risk of staying on the shot for more than two years.  The settlement followed a black box warning change. The Lyon Firm Represented 11 women in this settlement.

In Re: Vioxx

Nationwide Consolidation in U.S. District Court, E. Dist. of LA.   This pharmaceutical case involved claims that the blockbuster pain killer was causing heart attacks and strokes in consumers.  The FDA ultimately recalled the medication.  Merck settled the outstanding Vioxx claims for $4.85 billion following multiple trials in both state and federal court.  Joe Lyon was co counsel in a number of individual claims that were successfully resolved in the federal MDL. The fund received for The Lyon Firm clients helped several elderly clients with additional medical and home health care.

In Re: Trasylol

Nationwide Consolidation in Civil Complex Litigation Center Philadelphia, PA.   This pharmaceutical case involved claims that a popular surgical medication was causing kidney failure and death.  The FDA recalled this medication but not before thousands of patients died due to complications with the medication. Bayer resolved certain claims for $60 Million for patients who suffered kidney failure and death as a result of the drug Trasylol. Joseph Lyon represented a widow from Kentucky who husband deceased due to kidney failure following the administration of the Trasylol. The finds assisted the surviving family members resume farming operations.

In Re: Seroquel

Nationwide Consolidation in U.S District Court, M. Dist. of Florida)   Seroquel was one of the atypical anti-psychotic medications that was contributing to elevated sugar levels and causing diabetes in certain patients.  THe warning label was ultimately changed to reflect this risk, so doctors and patients can factor in these risks with the benefits when deciding whether to consumer the medication. AstraZeneca resolved thousands of claims for approximately $647 Million regarding claims that the company failed to warn about risks of diabetes and excessive weight gain. Lyon Firm represented numerous claimants in the multi district litigation who received settlements.

In Re: Bausch & Lomb

Nationwide Consolidation in U.S. District Court, South Carolina, Charleston Division. Bausch & Lomb resolved around 600 cases for $250 Million. The suits arose from allegations that patients suffered severe eye injuries from exposure to the fungal infection Fusarium keratitis while using B&L’s contact solution ReNu with MoistureLoc.  The Lyon Firm represented a former FBI photographer who lost part of his vision due to complications with Fusarium keratitis. The settlement provided funds to help compensate for the loss of his vision.

In Re: Sprint Fidelis Leads

Nationwide Consolidation in U.S District Court, Minnesota.  Medtronic entered into a global settlement that provided $268 million to plaintiffs who suffered injuries arising from the 2007 global recall of the “Sprint Fidelis” leads.  The recall and claims were focused on reports that the leads were unsafe and prone to fracturing after being implanted in the patient. The Lyon Firm represented numerous plaintiffs in the MDL including a younger college student.  The settlement funds assisted the college student with his tuition.

In Re: Kugel Mesh

Nationwide Consolidation in U.S District Court, Rhode Island Bard also defendants cases in a State Court consolidated action.  The Lyon Firm represented plaintiffs in both the MDL and state court proceedings.  The Bard Kugel Mesh was voluntarily recalled after reports of a support ring failure within the mesh that was causing perforations, fistulas, infections and wrongful death.  Bard entered into a global settlement for $184 million.  Settlement funds helped patients secure additional medical care, compensated for the lost wages, and compensated for both the emotional and physical harm that was caused by the device failures.

In Re: Yaz (Yasmin)

Nationwide Consolidation in New Jersey Superior CourtU.S District Court, Southern District of Illinois, and Philadelphia. Bayer reported in its latest report to stockholders that as of April 15, 2013, the company had settled approximately 5,700 claims for a total of $1.18 billion.  The Lyon Firm represented numerous women nationwide who suffered blood clot injuries while taking Yaz, Yasmin, Ocella, or Gianvi.  The settlement funds provided substantial compensation to each of these women that helped them move forward in their lives following the traumatic blood clotting experience.

In Re: Depuy ASR: Metal on Metal Hip Implants

Nationwide Consolidation in U.S. District Court, Northern District of Ohio.  The Depuy ASR Hip design was plagued with problems related to premature loosening and metallosis, which was caused by chromium and cobalt entering the blood stream.  These injuries were a result of the metal on metal friction inherent with the design of the product.  Depuy recalled the ASR.  Depuy entered into a global settlement valued at $2.5 Billion to cover an estimated 8,000 patients. The Lyon Firm represented several clients in the original settlement and continues to be active in this litigation. The settlement funds provided compensation for the revision surgeries including paying all the medical bills, lost wages, and pain and suffering,

In Re: Biomet MsA Magnum: Metal on Metal Hip Implants

Nationwide Consolidation in U.S District Court, Northern District of Indiana. Similar to the Deput ASR, the Biomet metal on metal hip design was alleged to be contributing to premature hip failures and metallosis due to the metal friction. Biomet entered into a global settlement valued at $56 million to cover a few thousand claims. The Lyon Firm represented several plaintiffs in the original settlement and continues to be active in this litigation.

Wade v. US Bank

(Hamilton County, Ohio)  State Court Class Action involving thousands of Ohio Mortgage Holders. Joseph Lyon was appointed lead counsel in a settlement valued at $ 1,700,000.00. The case arose from US Banks failure to file mortgage satisfactions within the statutory period as required by Ohio law.  The settlement provided payment to each class member for the statutory penalty minus attorney fees and serves a deterrent to US Bank and other commercial banks from braking this well recognized consumer law.

In Re: Actos

Nationwide consolidated pharmaceutical litigation involving the diabetic medication Actos.  The medical literature disclosed that the drug was contributing to cases of bladder cancer at 400 times the background rate. Despite these compelling studies, Taketa Pharmaceuticals denied the connection.  Eventually the FDA forced a labeling change and juries began returning verdicts in favor of the Plaintiffs.   Joe Lyon was co counsel in a bellwether case in Philadelphia that returned a verdict of $2,200,000 for the client.   The litigation settled shortly thereafter.  The Lyon Firm represented a number of clients in the state and federal litigation.

Notable Single Event Settlements

Product Liability: Defective Seat Belt: Brain Injury

(Mansfield, Ohio)  Confidential settlement for catastrophic brain injury to a minor boy arising from defective seat belt that unlatched during a high speed collision when the other driver ran a stop sign on a county road.   Joe Lyon along with his father Michael Lyon represented the Plaintiffs. After extensive discovery, and two weeks before trial,  the case was resolved for what is believed to be one of the highest settlements in the history of the county.  The settlement assisted with reconstructive surgery, comprehensive medical care and special needs education and life skills training. Further provided financial stability for a minor who will face a lifetime of disability.

Watch Attorney Joe Lyon Describe the Case

Product Liability: Defective Lap Belt Restraint: Spinal Cord Injury

(Pikeville, Kentucky)  Confidential settlement for Plaintiff  who suffered spinal cord injury resulting in paraplegia due to defectively designed seat belt. Four passengers with three point (lap/shoulder) belts walk away from the accident, and the only passenger wearing a 2 point belt (lap only) suffers debilitating spinal cord injury. The settlement assisted with home improvements to assist in daily living.  GM entered federal bankruptcy during the process and no longer makes 2 point lap belts for vehicles.

Product Liability: Wrongful Death: Defective Propane Wall Heater

(Hillsboro, Ohio) Confidential Settlement for family of elderly man who was catastrophically burnt while using a propane wall heater.  The burns resulted in his untimely death.  The heater , which was manufactured and sourced from China, was alleged to allow the flame to come outside the grid area in violation of ANSI standards. The Defendant resolved the case following discovery and mediation.  The funds were paid to her his surviving spouse and adult surviving children.  The company no longer manufactures this type of heater.

Medical Malpractice: Failure to Diagnose Psuedo Tumor Cerebri

(Cincinnati, Ohio). Confidential settlement on behalf of young woman who suffered partial blindness due to the delay in diagnosing a common and treatable condition that is associated with a type of medication that she was taking at the time she presented to the emergency room. The hospital failed to order a lumbar puncture which would have simultaneously diagnosed and treated the pseudo tumor. Given here symptoms and papal edema the physician should have recognized the risk and ordered the test.  The failure to do so caused the blinds. The settlement provided educational funds  and compensation for the loss and held the hospital accountable for such a devastating loss.

Medical Malpractice: Failure to Diagnose Bowel Obstruction: Wrongful Death

(Cincinnati, Ohio).  Confidential settlement for family due to wrongful death. The emergency room physician failed to recognize the common symptoms associated with bowel obstruction and prescribed a contraindicated medicine of GoLytley.  The patient died at home the day of discharge after taking the medication.  The case against the emergency room physician was resolved by settlement following extensive discovery.  The settlement was paid to the surviving spouse and surviving adult children for the loss of their mother.   While no amount of money could bring back their month, the case provided answers and accountability to the Hospital.

Invasion of Privacy: Media False Light

(Cincinnati, Ohio):  Confidential settlement on behalf of young professional women who was falsely portrayed by the local media as being associated with “sexting high school students”.  Despite notice of the false light media clip, the local news station continued to run the story with the clipart that falsely linked the Plaintiff to the “sexting” story.  The settlement held the media accountable and several members of the company lost their job.  The Plaintiff used the funds to start several companies that have made the Cincinnati community a nicer place to live.

Lead Paint Poisoning

(Cincinnati, Ohio).  The Lyon Firm has obtained several  confidential settlements for children who have suffered brain injury due to toxic lead exposure. Landlord had violated local housing codes allowing the residence to become a toxic hazard. The settlements held the landlords accountable for not keeping their properties habitable and will provide for resources for the Plaintiff to seek specialized education to address ongoing learning disabilities.  The settlements were some of the largest known settlements for lead paint victims in recent history.

Automotive Dealership Negligence

(Youngstown, Ohio) $1,700,000 settlement.  Joseph Lyon was lead counsel in a case against an automotive dealer for failing to diagnosis suspension damage to a newly purchased SUV.  The plaintiffs had complained on multiple occasions that the SUV was not handling properly yet the dealership failed to identify the damage to the suspension.   The Plaintiffs suffered catastrophic spinal injuries when the SIV veered off the road and rolled over,  The roof hit a telephone pool and crushed in causing paraplegia.  After extensive discovery the parties settled at mediation,  The settlement provided for more comprehensive medical care, end stage care, and emotional closure for surviving spouse of thirty years. The dealership was held accountable for its actions and is thought to have implemented safer policies.

Construction Site Negligence

(Trenton, Ohio)  $1,200,000.  Joseph Lyon was lead counsel in a construction site injury where the Plaintiff suffered a catastrophic amputation when he was trapped in the tracks of an excavator. The driver of the excavator was not properly trained to drive the heavy equipment and failed to see the Plaintiff before trapping him underneath the machine.  After extensive discovery and motion practice, the case settled in addition to Worker’s Compensation benefits.  The settlement tprovided money to assist the family with additional home structural changes for handicap access and provided for loss of income due to permanent disfigurement and disability.

Wrongful Death: Distracted Driver

(Brown County, Kentucky)  $1,000,000  Joseph Lyon was second chair.  Case involved a driver who was testing and driving when he crossed the medium killing the father of four.  The case was resolved once discovery confirmed the cell phone records proved the texting incident.  The settlement will pay for the surviving childrens’ education.  The driver was likely facing additional criminal charges at the time of the settlement.

Medical Malpractice: Failure to Diagnose Breast Cancer

(Cincinnati, Ohio)  $910,000  Settlement.  Joe Lyon was second chair.   Case involved the failure of the physician to timely communicate a positive breast cancer result to the patient.  As a result of the delay, the cancer progressed from in situ carcinoma to stage 3B with lymph node involvement. The treatment required mastectomy and radiation/ chemotherapy rather than a simple excision.   The case settled after extensive discovery a defense that ” the patient should have called the physician”.   The settlement provided recovery for family that suffered through a misdiagnosis and extensive treatment and ultimately lost a spouse and a mother. While the settlement cannot bring this wonderful woman back, it helped her family move forward with life’s challenges and symbolized accountability.

Auto Repair Negligence: Wrongful Death

(Hebron, Ohio)  Confidential Settlement.  Case involved the wrongful death of young man following dealership neglect. Specifically, the dealer sold a towing camper that exceeded the towing capacity of the known towing vehicle.  Indeed, the camper exceeded the weight of the tow vehicle, which presented a very dangerous towing scenario for recreational campers. The excess weight resulted in driver losing control and caused a severe rollover accident.  The driver sustained terminal brain injuries.  The litigation helped the surviving spouse understand what caused the devastating loss and gave her a sense of justice in overcoming the “blame the plaintiff” defense for their purchase of the camper and operation on the road.  During depositions once employee admitted ” yes, sales over safety” is part of their business .  The case hopefully resulted in safer policies.

Motorcycle Accident

(Cincinnati, Ohio) $495,000 settlement. Lead Counsel.   Case involved  a motorcycle operator.  who sustained fractures of the calcaneus, talus, medial cuneiform, tarsal bones, and tarsometatarsal when a car ignored its driving lane and crossed into this right of way.   Settlement provided repayment of medical bills of $20,000 and funds for future education to re-enter the work force in a less physically demanding job.

Medical Malpractice

(Hamilton County, Ohio) Confidential settlement. Lead Counsel.  Patient underwent emergency c-section where the attending physician and nurses failed to close with a proper instrument count.  A year and a half later the patient suffered a bowel obstruction due to a retained surgical sponge that was left inside her during the c-section.  After minimal discovery, the parties settled the claim at mediation.  The funds will provide helpful finances for a hardworking family with home care needs.

Lead Paint Exposure

(Hamilton County, Ohio)  Confidential Settlement. Lead Counsel.  Case involved secondary lead exposure to two children. Their father worked at a local recycling plant that routinely recycled computer equipment.  The company violated numerous OSHA regulations related to providing safety equipment and clothing to prevent lead particles from being transferred home.  As a result, the Plaintiffs father transferred lead dust to his children who then suffered lead poisoning.  The case was covered extensively by the Cincinnati news media and referenced in peer reviewed medical literature.  The settlement will provide educational needs to the children who suffered neurological injury due the exposure.