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RECENT ALERTS

Monday
May052014

Unsolicited Robocalls or Text Messages

Robocalls, those computerized, pre-recorded messages used by telemarketers to sell you goods or services are not only a nuisance; in many cases they're illegal. Across the country, complaints about automated telemarketing are skyrocketing. Robocallers often ignore "Do Not Call" lists by trying to justify their services as useful to the public. Only healthcare organizations, charities, political groups, emergency notices, and wireless phone service providers are allowed to bypass "No Call" lists.

As of October 16, 2013, the Federal Communications Commision and the Telephone Consumer Protection Act require businesses to obtain prior express written consent before they can place telemarketing calls to mobile phones or residential lines. This also now applies to text messages.

If you are experiencing annoying automated telephone calls or unsolicited text messages, we would like to hear from you.

Wednesday
Apr092014

General Motors Recalls 1.6 Million Vehicles with Faulty Ignition Switches

We are currently investigating claims for economic losses suffered by purchasers of General Motors vehicles subject to recall due to faulty ignition switches.  We are also currently accepting personal injury cases resulting from these vehicle defects.  If you purchased or were involved in accidents in any of the vehicles listed below, we would be happy to work with you to evaluate your potential claims.

In February 2014, General Motors announced a recall of 1.6 million vehicles with faulty ignition switches that have been linked to at least a dozen fatalities and dozens of crashes. According to a March 13, 2014 article in the Wall Street Journal, GM admitted that it knew of the problem as early as 2001, but waited over a decade to issue the recall. GM has yet to determine the full scope of the problem.  In March 2014, GM expanded the recall to include 2.6 million vehicles.

Vehicles Recalled by GM

The vehicles recalled due to the faulty ignition switch are:

  • Chevrolet Cobalt - 2005-10 model years
  • Pontiac G5 - 2005-10
  • Saturn Ion - 2003-07
  • Chevrolet HHR - 2006-11
  • Pontiac Solstice - 2006-10
  • Saturn Sky - 2007 -2010
  • Opel GT – 2007
  • Pontiac Pursuit – 2005 - 2006

If you purchased and currently own any of these vehicles, please contact us if you believe they may have a claim for either personal injury, economic losses, or both.  They may have a claim for economic losses, including the diminished value of the vehicle, even if they have not yet had an accident.

The faulty ignition switch can inadvertently cause the vehicle to turn off while it is being driven, raising multiple safety issues including failure of air bags to deploy and diminished ability to steer and brake the vehicle.   

GM is now the subject of criminal, Congressional and regulatory investigations. The United States Attorney for the Southern District of New York has begun looking at the auto maker's handling of complaints about faulty ignition switches. Lawmakers in the United States Senate have indicated that they will open their own probe of the auto maker's actions. Missouri Senator Claire McCaskill, chair of the subcommittee on consumer protection, announced in March that hearings would be held in April concerning the GM recall. "We have to get to the bottom of this," she said. "We need to find out who dropped the ball and put millions of Americans at risk." After reviewing documents and hearing some testimony in April, Senator McCaskill commented about GM’s “culture of cover up.” 

Please contact us if you purchased one or more of these vehicles and wish to consider bringing a claim.  You can contact Scott D. Simpkins at 216-621-8484 or 800-621-1062 or email us at sdsimp@climacolaw.com.

Tuesday
May082012

SLIMQUICK May Cause Liver Failure or SLIMQUICK may cause other liver problems

SLIMQUICK is a weight loss diet pill that may have been linked to liver failure and other liver problems. The manufacturers of Slimquick NxCare and Wellnx Life Sciences market this pill as the world’s first and most advanced fat burner for women. Slimquick contains a significant amount of camellia sinesis, which is a known liver toxin.  Recently, the U.S. Food and Drug Administration warned consumers to immediately stop using Hydroxycut, a dietary supplement that also contains camellia sinesis, because the FDA received 23 reports of serious health problems ranging from jaundice and elevated liver enzymes, an indicator of potential liver injury, to liver damage requiring liver transplant in individuals using Hydoxycut.  The manufacturer of Hydroxycut agreed to recall the products. Slimquick may cause liver failure or Slimquick may cause other liver problems.

If you or a loved one developed liver failure as the result of using SLIMQUICK, please contact by clicking here or calling 1-800-621-1062. Symptoms of liver failure include abdominal pain, jaundice, nausea, vomiting, itchy skin, dark urine and pale stool. Slimquick may cause liver failure or Slimquick may cause other liver problems. 

Friday
Apr132012

FDA Issues Safety Announcment Related to Pradaxa

On October 19, 2010, the FDA approved Pradaxa (dabigatran etexilate mesylate), an anticoagulant that acts by inhibiting thrombin, an enzyme in the blood that is involved in blood clotting. Pradaxa, is manufactured by Boehringer Ingelheim Pharmaceuticals Inc. of Ridgefield, Conn. Boehringer Ingleheim’s parent company is a German corporation, with a presence in countries all around the world.

Pradaxa is the first oral blood thinner on the market in over 50 years. Coumadin (warfarin), the other oral anticoagulant currently on the market, has been approved since the early 1950s. Pradaxa is used to prevent strokes and blood clots (deep vein thrombus, pulmonary emboli, and cardiac thrombi) in people with atrial fibrillation.

On December 7, 2011, the FDA issued a safety announcement that it was evaluating post-marketing reports of serious bleeding events in patients taking Pradaxa. On February 1, 2012, a New Zealand study was published in the Journal of the American College of Cardiology, which found that Pradaxa has a higher risk of bleeding than its alternative, Coumadin (warfarin). The authors of the study are a group of hematologists from New Zealand who treated what they believed was a large cluster of patients who had suffered serious bleeding after using Pradaxa. In two months, there had been 78 bleeding episodes, including 12 major bleeds, one of which may have caused a patient’s death.

Most importantly, there is no reversal agent for Pradaxa. When patients suffer bleeding, doctors have been unable to stop the bleeding because Pradaxa prevents blood from clotting. Coumadin (warfarin), the alternative to Pradaxa, can be reversed with a simple dose of Vitamin K. Unlike warfarin, Pradaxa has no antidote.

If you or a loved one developed internal bleeding while taking Pradaxa, please contact us at 216-621-8484 or by clicking here.

Signs and symptoms of Pradaxa's side effects include: lethargy, unusual bruising or bleeding, pink or brown urine, red or black tarry stools, coughing up blood, and vomiting material that is bloody or looks like coffee grounds.

Thursday
Jan052012

FDA Bladder Cancer Warning: Actos®

On June 15, 2011, the FDA announced that the use of Actos® for more than one year may increase a person’s chance of bladder cancer. On July 11, 2011 Takeda Pharmaceutical Co. Ltd. announced that its wholly owned subsidiary, Laboratoires Takeda (Puteaux, France) is withdrawing pioglitazone-containing products (Actos®) in France, at the request of the French health regulatory authority, following their decision to suspend the use of pioglitazone containing products for the treatment of type 2 diabetes. Germany has recommended not starting Actos® in new patients. 

The results show a greater risk of bladder cancer in patients who use high doses of the drug over a long period of time. According to the FDA, people with bladder cancer should not be treated with Actos® in light of the study.

Bladder Cancer Symptoms

Signs and symptoms of bladder cancer include:

  • Blood in the urine (hematuria)
  • Pain during urination
  • Frequent urge to urine, releasing small amounts each time
  • Urinary tract infections


Signs and symptoms of advanced bladder cancer include:

  • Lower back pain
  • Swelling of the legs
  • A mass or growth in the pelvis
  • Weight loss
  • Pain near the rectum or pelvis


Bladder cancer occurs when there is a quick and uncontrolled amount of abnormal cells growing in the bladder. In some cases, the cancer can spread to lymph nodes and other organs in the pelvis and body. When a person is diagnosed with bladder cancer, his/her doctor will conduct tests to determine the stage of the cancer. Tests can include:

  • Blood tests
  • Urine tests
  • Biopsies
  • X-rays
  • CT scans


If you are taking Actos®  and experience any of the symptoms of bladder cancer, you should visit your doctor immediately. The more advanced bladder cancer gets, the survival rate for the patient decreases.

If you or a loved one took Actos®  and has been diagnosed with bladder cancer, you should speak with an attorney about your rights. Please contact us by clicking here or calling toll free 1-800-621-1062 for a free initial consultation.

Tuesday
Jan032012

DePuy Pinnacle Hips Alert

The FDA has received hundreds of complaints from patients experiencing problems with the metal-on-metal DePuy Pinnacle Acetabular Cup System. Patients who have been implanted with the hip replacement system have reported a number of DePuy Pinnacle problems, including unexplained hip pain and hip implant failure.

Symptoms of a potential DePuy Pinnacle hip failure include:

• Unexplained Hip Pain

• Thigh Pain or Groin Pain

• Pain with Walking

• Pain Rising from a Seated Position

• Pain with Weight Bearing

These symptoms could be a warning that there may be a hip device failure, such as:

• Loosening of the implant, which occurs when the implant does not stay attached to the bone in the proper position.

• Dislocation of the implant, which occurs where two parts of the implant that move against each other are no longer aligned.

• Fracture of the hip bone, which is where the bone around the implant breaks.

• Metallosis (metal poisoning)

If you or a loved one have a DePuy Pinnacle hip replacement and are experiencing symptoms of hip failure, please contact us by clicking here or calling toll free 1-800-621-1062 for a free initial consultation.

Thursday
Dec292011

Actos® Cases Transferred to the Western District of Louisiana

The JPML found that these related lawsuits "involve common questions of fact, and that centralization in the Western District of Louisiana will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation." The Actos® lawsuits allege that Takeda failed to warn plaintiffs that they faced an increased risk of developing bladder cancer. Actos® is a prescription medicine used to treat type 2 diabetes. If you or someone you know developed bladder cancer while taking Actos®, please contact us by clicking here or calling toll free 1-800-621-1062 for a free initial consultation. 

 

Tuesday
Dec272011

Hydraulic Fracking Leases may Constitute a Mortgage Default and Could Lead to Lower Property Values

Homeowners who sign gas leases to permit hydraulic fracturing for shale gas may be defaulting on their mortgages, risking loss of title insurance and homeowners' insurance coverage, and preventing future buyers from obtaining title insurance or mortgage loans on affected property.  Residential mortgages prohibit borrowers from committing waste, damage or destruction or causing substantial change to the mortgaged property or allowing a third party to do so.  This includes operations for gas drilling. 

Most American homeowners hold a mortgage loan and ninety percent of all residential mortgage loans are sold into the secondary mortgage market.  Mortgage lending favors low-risk activity on its mortgaged properties.  Fannie Mae, Freddie Mac and the Federal Home Loan Banks establish lending guidelines for appraisers and underwriters that dictate whether a home is a worthy investment.  Because of this, many lenders including Bank of America, Wells Fargo, Provident Funding, GMAC, and others are imposing large buffer zones around the home as a condition to the loan or not granting a mortgage at all for those property owners who have entered into gas leases.  As more lenders continue to connect the “no hazardous activity” clause in the mortgage with the increase in uninsurable events from residential fracking, this trend will only continue to increase.  If homeowners with gas leases cannot mortgage their property, they likely cannot sell their property either as any potential purchaser will likely need mortgage financing to fund the purchase.  The inability to sell one’s home may represent the most pervasive adverse impact of residential fracking.

If you are a party to an existing gas lease or have been approached with a proposal to lease your property for hydraulic fracturing, and would like to discuss your contractual rights and/or the implication of execution of a proposed gas lease, please contact us by clicking here or calling toll free 1-800-621-1062 for a free initial consultation.

Monday
Nov282011

Actos® May Increase Risk of Developing Bladder Cancer

Actos® is a prescription medication used to treat type II diabetes.  The FDA recently issued a safety alert to the public indicating that the use of Actos® for more than one year may increase the risk of developing bladder cancer. Please visit our website by clicking here for more information.

If you or a loved one have been diagnosed with bladder cancer after taking the diabetes drug Actos®, please contact:

Nancy Sobie at nhsobi@climacolaw.com or call toll free 1-800-621-1062 for a FREE initial consultation.

Sunday
Nov272011

DuPont's Imprelis® May Kill or Damage Trees

There are recent reports that DuPont's Imprelis® herbicide, is causing damage and tree death to mature landscape trees, specifically Norway and Colorado spruces, white pines, and other evergreens. This product is sold to lawn care professionals only. There are reports that Ohio may be the 'epicenter of destruction.' There are reports of damaged and/or dying trees in Cleveland and Columbus Ohio. If you would like to discuss your legal rights, please call our office and ask to speak to:

John A. Peca toll free at 1-800-621-1062 for a FREE initial consultation. For more information, please click here.