Case Results & The Lyon Firm Settlements - Cincinnati, Ohio

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 the victims and their physicians of the risk of remaining on the shot for more than two years. The settlement followed a black box warning revision. The Lyon Firm Represented 11 women in the settlement.

In Re: Vioxx

Nationwide Consolidation in U.S. District Court, E. Dist. of LA.  This pharmaceutical case involved claims that the blockbuster painkiller 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 courts. Joe Lyon was co-counsel in a number of individual claims that were successfully resolved in the federal MDL. The funds received for 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. A pharmaceutical case involving claims that a popular surgical medication was causing kidney failure and death. The FDA recalled the medication in question, but not before thousands of patients died due to related complications. Bayer resolved certain claims for $60 Million for patients who suffered kidney failure and death as a result of using the drug Trasylol. Joseph Lyon represented a widow from Kentucky whose husband died due to kidney failure following the administration of Trasylol. The recovered funds assisted the surviving family members in resuming farming operations.

In Re: Seroquel

Nationwide Consolidation in U.S District Court, M. Dist. of Florida) Seroquel was an atypical anti-psychotic medication contributing to elevated sugar levels and causing diabetes in certain patients. The warning label has been revised to reflect the elevated risk so doctors and patients can evaluate the risks and benefits when deciding whether to prescribe the medication. AstraZeneca resolved thousands of claims for approximately $647 Million amid allegations that the company failed to warn about risks of diabetes and excessive weight gain. The Lyon Firm represented numerous plaintiffs in the multi-district litigation, each of whom 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 lawsuits 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 partially lost 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 student with his tuition.

In Re: Kugel Mesh

Nationwide Consolidation in U.S District Court, Rhode Island and state Court consolidated action. The Lyon Firm represented plaintiffs in both the MDL and state court proceedings. Bard Kugel Mesh was voluntarily recalled after reports of a support ring failure within the mesh, leading to 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 lost wages, and compensated for the severe emotional and physical harm 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 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, and Gianvi. The settlement funds provided substantial compensation to each of these women, and 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, caused by chromium and cobalt entering the blood stream. The resulting injuries were a result of the metal-on-metal friction inherent with the design of the product. Depuy recalled the ASR and 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 compensating for medical costs, 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 Depuy ASR, the Biomet metal-on-metal hip design allegedly contributed 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 Bank’s 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 served as a deterrent to US Bank and other commercial banks from breaking this well-recognized consumer law.

In Re: Actos

Nationwide consolidated pharmaceutical litigation involving the diabetic medication Actos. Medical literature disclosed that the drug contributed to cases of bladder cancer at 400-times the background rate. Despite the compelling studies, Takeda Pharmaceuticals denied the connection.  Eventually the FDA forced a labeling revision and juries began returning verdicts in favor of 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 young boy arising from a defective seat belt that unlatched during a high-speed collision when another motorist ran a stop sign on a county road. Joe Lyon and his father, Michael Lyon, represented the plaintiffs. After extensive discovery, the case was resolved for what is believed to be one of the highest settlements in the history of the county. The settlement assisted the victim with reconstructive surgery, comprehensive medical care and special-needs education and life skills training. The recovery of funds 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 walked away from the accident, and the only passenger wearing a two-point belt (lap only) suffered a 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 manufactures two-point lap belts for vehicles.

Product Liability: Wrongful Death: Defective Propane Wall Heater

(Hillsboro, Ohio): Confidential Settlement for the family of elderly man who was catastrophically burned while operating a propane wall heater. The burns resulted in his unfortunate death. The heater, manufactured and sourced from China, was alleged to allow the flame to reach outside the grid area in violation of ANSI standards. The Defendant resolved the case following discovery and mediation. The recovered funds were paid to the victim’s surviving spouse and children. The company no longer manufactures this type of heater.

Medical Malpractice: Failure to Diagnose Pseudo Tumor Cerebri

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

Medical Malpractice: Failure to Diagnose Bowel Obstruction: Wrongful Death

(Cincinnati, Ohio):  Confidential settlement for a family due to a wrongful death. An 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 spouse and surviving adult children for the loss of their mother. While no amount of money could bring back their mother, the case provided answers and held the hospital accountable.

Invasion of Privacy: Media False Light

(Cincinnati, Ohio):  Confidential settlement on behalf of a young professional woman 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 clip art that falsely linked the Plaintiff to the “sexting” story. The settlement held the media accountable and several company staff members lost their job. The Plaintiff used the funds to start several companies that have made the Cincinnati community a better place to live.

Lead Paint Poisoning

(Cincinnati, Ohio): The Lyon Firm has obtained several  confidential settlements for children who have suffered brain injuries due to toxic lead exposure. In more than one instance, a landlord violated local housing codes, allowing residences to become toxic hazards. The settlements held the landlords accountable for not keeping their properties habitable and will provide for the Plaintiffs 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 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 SUV veered off the road and rolled over. The vehicle hit a telephone pole and led to the paraplegia injury. After extensive discovery the parties settled at mediation. The settlement provided for comprehensive medical care, end-stage care, and emotional closure for the 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 accident where the Plaintiff suffered a catastrophic amputation after being trapped in the tracks of an excavator. The driver of the excavator was not properly trained to operate the heavy equipment and failed to see the Plaintiff before trapping him underneath the machine. After extensive discovery the case settled in addition to Worker’s Compensation benefits. The settlement provided 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 a case involving a driver texting and driving when he crossed the median, killing a father of four. The case was resolved once discovery confirmed the cell phone records proved the texting-related 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 in a case involving the failure of a physician to promptly communicate a positive breast cancer result to a 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. The defense argued: “the patient should have called the physician.” The settlement provided recovery for suffering through a misdiagnosis and the loss of 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 encouraged  future accountability.

Auto Repair Negligence: Wrongful Death

(Hebron, Ohio): Confidential Settlement. A wrongful death of young man resulted from car dealership neglect. The dealer sold a towing camper that exceeded the towing capacity of the known towing vehicle. The camper exceeded the weight of the tow vehicle, and presented a very dangerous towing scenario. The excess weight resulted in the 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 one employee admitted that “sales over safety” was part of the dealership business strategy.

Motorcycle Accident

(Cincinnati, Ohio):  Joe Lyon was lead counsel in a $495,000 settlement. The 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 his 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): Lead Counsel in a confidential settlement. A patient underwent emergency C-section and 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 in a case that 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 injuries due the exposure.