The Trial Lawyer Fall 2022 | Page 95

therapy , chemoradiation , targeted therapy , and immunotherapy . A doctor will determine the best treatment option based on the stage of the cancer and the health of the patient .
Patients have reported suffering from a number of serious long-term side effects after using Nexium , including stomach cancer .
A recent study looked at tens of thousands of patients over the course of ten years . Some of these patients took PPI medications like Nexium , and some took H2 blockers .
The use of PPI drugs was found to more than double the risk of developing stomach cancer . For patients who used PPIs daily , the risk was more than four times higher than for patients who only took the drug once a week . When patients used the drug for more than a year , the Nexium and stomach cancer risk increased to five-fold , and after three or more years , to eight times the risk .
While the study did not definitively prove a cause-and-effect connection between PPI drugs and stomach cancer , it concluded that doctors should “ exercise caution when prescribing long-term PPIs .”
Walgreens Responsible For Opioid Epidemic In Bay Area , Judge Rules
Walgreens , the largest retail pharmacy chain in San Francisco , distributed over 100 million prescription opioid pills in the city between 2006 and 2020 without properly checking which of the prescriptions were suspicious , thus playing a role in the city ’ s opioid epidemic , a California judge has ruled .
The company ’ s actions make it liable for the opioid problems that the Bay Area is dealing with to this day , U . S . District Judge Charles R . Breyer ruled Aug . 10 .
The ruling followed a bench trial this year brought by the City and County of San Francisco that initially featured several drug companies as defendants but led to a series of settlements for most , leaving Walgreens as the sole defendant .
At trial , San Francisco brought a single public nuisance claim against Walgreens , Judge Breyer says .
He says the city had to establish that it is more likely than not that Walgreens knowingly engaged in unreasonable conduct that was a substantial factor in contributing to the opioid epidemic in San Francisco .
“ After careful consideration of the evidence , the Court finds that Plaintiff carried its burden ,” Breyer writes .
The evidence at trial established that from 2006 to 2020 , Walgreens pharmacies in San Francisco dispensed over 100 million prescription opioid pills in the city , his ruling states . Hundreds of thousands of them were red flag opioid prescriptions that Walgreens did not do the due diligence of checking .
Evidence showed that tens of thousands of these prescriptions were written by doctors with suspect prescribing patterns , Breyer writes of the Walgreens opioid epidemic trial .
“ In exchange for the privilege of distributing and dispensing prescription opioids , Walgreens has regulatory obligations to take reasonable steps to prevent the drugs from being diverted and harming the public ,” he says . “ The evidence at trial established that Walgreens breached these obligations .”
A subsequent trial will determine the extent to which Walgreens must abate the public nuisance that it helped to create , the judge added .
Meanwhile , national opioid settlements have been made as part of an effort by states and local political subdivisions to resolve the nationwide opioid crisis .
The settlements have put to bed claims brought against McKesson , Cardinal Health and AmerisourceBergen — the nation ’ s three largest pharmaceutical distributors .
Target , Walmart Class Actions Claim Retailers Place False , Misleading Price Advertisements On Shelf Signs , Price Displays
Walmart and Target place false and misleading advertisements on price displays and shelf signs , a pair of new class action lawsuits allege .
Plaintiff Yoram Kahn claims in separate class action lawsuits that Walmart and Target use what is known as shelf pricing that “ frequently misrepresents the prices consumers are charged at the point of sale .”
Kahn argues Walmart and Target ’ s alleged price misrepresentations cause consumers to “ fall victim to a classic ‘ bait and switch ,’” and “ unknowingly overpay ” Walmart and Target “ a higher price for the falsely-advertised merchandise at checkout .”
“ Consumers reasonably rely on Shelf Pricing to make informed purchasing decisions , and reasonably expect to pay the advertised Shelf Price when they reach the checkout ,” states the Walmart class action and Target class action .
Kahn wants to represent a nationwide Class and Illinois subclass of consumers who have purchased merchandise from Walmart and / or Target and who paid a higher price than what was the advertised shelf price .
Merchandise affected by allegedly false and misleading shelf price advertising end up costing consumers around 5-10 % more at Walmart and
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