Injured by Essure? It’s Not Too Late to Take Action
The litigation surrounding Bayer’s birth control device Essure has been long and arduous for those affected – but, if you haven’t taken action yet, it’s not too late for something to be done. Attorneys working with ClassAction.org are again looking to speak to those who needed surgery to have their devices removed in the hopes of holding Bayer accountable.
Next up, we’re taking a look at yet another case that takes issue with the quality of fast-food burgers relative to how they’re advertised – and this time, McDonald’s and Wendy’s are named as defendants. Then, Dunkin’ Brands is being accused of violating certain state gift card laws, and Acella Pharmaceuticals is facing a lawsuit over an alleged lack of quality control when it comes to the company’s NP Thyroid medication. Keep reading for the latest.
- Ty Armstrong, Writer/Community Manager
Essure Lawsuits: Another Chance to Take Action
The Essure saga has been a long one at this point, but it isn’t over just yet. While a large percentage of cases have already settled, those who haven’t taken action yet are urged to come forward as they still may have time to file a claim. Bayer has been accused of concealing adverse reactions, overpromoting its device and operating out of an unlicensed facility – and, if you were injured, you may still be able to hold the company accountable for medical bills, pain and suffering and other damages. As far as the device itself goes, women have reported injuries ranging from uterine punctures and chronic pelvic pain to ectopic pregnancies and intestinal obstruction.
While not the most consequential issue, the disappointment of opening up a fast-food order and finding out what you saw in the advertisement is far from what you received is real – and at least one lawsuit is calling it false advertising. Wendy’s and McDonald’s are the latest companies to be hit with a proposed class action lawsuit claiming they misleadingly advertised the size of the patties and toppings that come with their burgers. According to the case, the burgers shown in advertisements are only seared on the outside or otherwise undercooked. Because meat generally shrinks 25 percent when cooked, the suit says, the advertised burgers look 15 to 20 percent bigger than what customers actually receive. The pictures included in the complaint comparing the ads to reality are quite telling. You can check those out, as well as a breakdown of the allegations, over on our blog.
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A recently filed proposed class action is claiming that Dunkin’ misrepresents the value of its gift cards by failing to disclose that customers will be unable to collect any remaining money on their cards when the balance falls below a certain amount, in violation of the law in at least 10 states. Specifically, the suit says, although several states, including Massachusetts and New Jersey, require retailers to provide a cash refund up to a certain amount for a gift card’s remaining value, Dunkin’ refuses to do so. For instance, the New Jersey plaintiff says he possesses a Dunkin’ gift card with a remaining balance of $4.54 but has been unable to redeem it due to the defendants’ policies and practices. The lawsuit alleges that at the point of sale, consumers who purchase Dunkin’s gift cards remain unaware that they come with “unfair, deceptive, and illegal conditions.” More on the case can be found on this page.
The next recently filed lawsuit takes issue with the NP Thyroid medication from Acella Pharmaceuticals. Despite Acella’s claims that its medication is up to snuff, the FDA has cited the company for quality control issues dating back to at least 2012, according to the case. In fact, the lawsuit says, the agency concluded after inspections in late 2019 and early 2020 that there is “no quality control unit” at Acella and that the company committed “significant violations” of current good manufacturing practice regulations. Between May 22, 2020 and April 30, 2021, the suit says, three recalls were issued for NP Thyroid – and two of them stated that certain lots of the medicine weren’t as strong as they were supposed to be. According to the case, the plaintiff was damaged not only economically by purchasing NP Thyroid medication that was “worthless” but also physically as a result of taking sub-potent thyroid pills. All told, the case says Acella has for years falsely touted its NP Thyroid medication as made in accordance with the highest manufacturing standards and containing specific amounts of its active ingredients. Want more? You can read up on the allegations here.
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