GoodStart_Powder_Protect

Consumers claim Gerber and Nestle have been using deceptive labeling that leads them to believe their infant and toddler formula products are healthier and more nutritious than other, less costly formula products that do not contain prebiotics and probiotics. The  claim is they were tricked into paying more for Gerber’s prebiotic and probiotic baby formula products through false representations that the products create immunity protection, digestive health, brain and eye development and heart healthiness, “when the products have no ability to cause any such consequences.”

They would not have purchased the products had they known Gerber and Nestle claims were either unfounded or untrue, and the true nature of the baby formula products:

Gerber DHA & Probiotic Single Grain Cereal (Stage = Supported Sitter)

Good Start Formula (Stage = Birth)

Good Start Protect Infant Formula (Stage = Birth)

Good Start 2 Gentle Formula (Stage = Crawlers)

The Gerber infant and toddler formula class action lawsuit is brought on behalf of all persons in the United States who purchased one or more of these products from January 1, 2005 through the present. It is seeking compensatory damages, double damages, treble damages, statutory damages, punitive and exemplary damages, restitution and injunctive relief.

Consumers who are upset about their treatment by home warranty companies, alleging that those companies practice bad faith insurance. Among the companies that have reportedly faced such complaints are American Home Shield, First American Home Buyers, Old Republic Home Protection, Cross Century Home Services, Fidelity National Home Warranty and 2-10 Home Buyers Warranty.
Dan Kaplan and James Baker, as reported by Home Warranty Wiz (11/21/11), allege that Fidelity National Home Warranty sold home warranty plans but wrongfully denied legitimate customer claims on items included in the home warranty plans. Fidelity National Home Warranty “failed to comply with its duty to properly adjust submitted claims under the home warranty plans, resulting in improperly rejected claims and damages.” Dan Kaplan alleges  that he made four claims with Fidelity, three of which were not properly adjusted and were improperly denied. His first claim involved a leaky toilet, which a third-party plumber determined was a construction defect and not covered by the warranty. The plumber refused to put the toilet back in place but still charged Kaplan a $50 service fee. A plumber for the developer was then sent out, who determined that the previous plumber was mistaken in his diagnosis of the leak.

Fidelity then sent out another plumber, who put the toilet back, resealed it and also charged a $50 service fee. The toilet was reportedly put back improperly, however, so it continued to leak. Following the incidents with the leaky toilet, Baker alleges he had his claims improperly denied two more times. The plaintiffs allege that Fidelity third-party service providers are trained to deny legitimate claims and reward contractors who deny claims by giving them more calls. Furthermore, they allege that Fidelity refuses to authorize replacement of appliances and increases the number of service calls, which increases the money made from service fees ($50 per visit).

Home warranty companies offer extended warranty service contracts to cover the repair and replacement necessary to keep appliances and other mechanical systems in a home in working order. Often, a retailer such as Best Buy, Wal-Mart, Sears or Home Depot, will offer customers an extended warranty that would provide insurance coverage on their purchase beyond the typical one-year warranty coverage that the manufacturer (e.g., Amana, Maytag, Whirlpool, Viking, Miele, Kenmore) would provide. The extended warranty is not managed by the retailer—it’s simply offered by the retailer at the time of purchase. The companies that provide extended warranty contracts are called third party administrators (TPA), some of which are listed below.

Systems and appliances that may be covered by a home warranty include heating systems, central air conditioners, garbage disposals, ovens, dishwashers and refrigerators. Optional coverage can often be purchased on pools, spas and other devices. Home warranties are meant to cover damage caused by normal wear and tear, not damage that involves pre-existing conditions, owner’s negligence or extraordinary use. Furthermore, home warranties are not meant to overlap with a manufacturer’s warranty or homeowner’s insurance—that’s why they are often referred to as extended warranties—they “extend” beyond the warranty coverage provided initially by the manufacturer.

Home warranty insurance or extended warranty contracts are provided by companies such as American Home Shield, First American Home Buyers, Old Republic Home Protection, Cross Century Home Services, Fidelity National Home Warranty and 2-10 Home Buyers Warranty.

About Belt Law Firm, P.C.

Belt Law Firm, P.C., has more than 70 years of combined experience, and has the resources and experience to take on class action lawsuits of any size and against any opponent. In the past, our class action lawyers have participated in several large-scale class and mass joiner actions and have secured millions of dollars for our clients. Class-action lawsuits are an efficient and calculated way to take on large, well-represented organizations, and also to help the maximum number of people.  Class action lawsuits offer a number of advantages because they are able to aggregate a large number of what are often smaller individualized claims into one class action lawsuit. Our class action attorneys’ main mission is to bring powerful representation and justice to the individual or small business. In the process, class actions provide the necessary impetus to change laws for the better and to help thousands of people who have been injured, oppressed or have suffered injustice.  We put our reputation on the line in every case.

If you believe that you have been cheated or defrauded by a common corporate plan or scheme, you should contact us immediately at Belt Law Firm by filling out this form or by calling us toll free at 1-888-933-1514 for your Free Class Action Consultation.

A disgruntled customer has filed an amended class action lawsuit against Maytag Corporation (now a part of Whirlpool Corporation) and its service contract administrator Service Net Warranty, claiming the companies engaged in deceptive and unfair trade practices by refusing to honor their service contracts. Thousands of consumers — or perhaps hundreds of thousands — were ripped off by Whirlpool and Service Net when those companies did not repair or replace faulty appliances per the terms of the service contracts.
The customer, Mark Sherman, purchased a Maytag clothes dryer along with a three-year service contract that promised to repair or replace the appliance if it failed. The contract also gave the warrantor the option of “buying out” the contract by either refunding the original purchase price less the amount of claims paid, or replacing the dryer with a comparable product. Instead of refunding the original purchase price or replacing the dryer, the Maytag and Service Net told the customer that he was only entitled to a refund of the present value of the dryer, minus the cost of the repairman’s visit. Which is absurd, since the point of buying a service contract is to avoid the cost of repair.

Sherman alleges in the Maytag/Whirlpool class action lawsuit that the companies failed to fulfill the terms of the service contract by improperly administering buy-outs. As such, the class action lawsuit alleges that the dryer’s buy-out, and buy-outs given to similarly situated consumers, constituted breach of contract, unjust enrichment, and a violation of the federal Magnuson-Moss Warranty Act. Consumers purchase service contracts to ensure that they will be protected should an appliance need repair or replacement. Corporations and service contract providers need to be held accountable to the terms of the service contracts, said Sherman.

About Belt Law Firm, P.C.

Belt Law Firm, P.C., has more than 70 years of combined experience, and has the resources and experience to take on class action lawsuits of any size and against any opponent. In the past, our class action lawyers have participated in several large-scale class and mass joiner actions and have secured millions of dollars for our clients. Class-action lawsuits are an efficient and calculated way to take on large, well-represented organizations, and also to help the maximum number of people.  Class action lawsuits offer a number of advantages because they are able to aggregate a large number of what are often smaller individualized claims into one class action lawsuit. Our class action attorneys’ main mission is to bring powerful representation and justice to the individual or small business. In the process, class actions provide the necessary impetus to change laws for the better and to help thousands of people who have been injured, oppressed or have suffered injustice.  We put our reputation on the line in every case.

If you believe that you have been cheated or defrauded by a common corporate plan or scheme, you should contact us immediately at Belt Law Firm by filling out this form or by calling us toll free at 1-888-933-1514 for your Free Class Action Consultation.

Duet TRS

Medical device manufacturer Covidien has announced a recall on all Lots of its Duet TRS Universal Straight and Articulating Single Use Loading Units after receiving more than a dozen reports of serious injuries and three deaths when it was used following thoracic surgery.

Covidien issued the “voluntary recall” earlier this week on the Duet TRS. It said the device should not be used following thoracic surgery. The company believes using this device after a thoracic surgery could cause life-threatening complications. It has received 13 reports of serious injuries and 3 deaths when it was used following these surgeries. The Duet TRS is likely to cause serious injuries to the “adjacent anatomical structures” in the throat when it is used as indicated following a thoracic surgery.

“We are advising our customers that the Duet TRS should not be used in thoracic surgery,” a Covidien spokesperson said in the company’s recall statement. The company said it is working with health regulators worldwide to update the usage instructions on the Duet TRS so it can be used safely in thoracic surgeries performed on adults and children. Covidien also indicates that it is putting a “hold” on its worldwide inventories of the Duet TRS.

The voluntary recall includes the following Duet TRS devices, according to the company’s release:

• DUET4535 (DUET TRS 45 3.5MM STRAIGHT SULU)
• DUET4535A (DUET TRS 45 3.5MM ARTICULATING SULU)
• DUET4548 (DUET TRS 45 4.8MM STRAIGHT SULU)
• DUET4548A (DUET TRS 45 4.8MM ARTICULATING SULU),
• DUET6035 (DUET TRS 60 3.5MM STRAIGHT SULU),
• DUET6035A (DUET TRS 60 3.5MM ARTICULATING SULU),
• DUET6048 (DUET TRS 60 4.8MM STRAIGHT SULU),
• DUET6048A (DUET TRS 60 4.8MM ARTICULATING SULU).

To compensate for the recall, Covidien said it is providing “alternative tissue reinforcement products” which can be used with the company’s endoscopic staplers in a thoracic surgery. The Duet TRS is designed to be used following a number of surgeries and is described by Covidien as a fully integrated tissue reinforcement system to support staple lines in tissues. According to Covidien, about 500,00 Duet TRS devices have been sold worldwide since the products came on the market in 2009 with approximately one-third of the surgeries, where the devices are used, being thoracic procedures.

About Belt Law Firm, P.C.

Belt Law Firm, P.C., has more than 70 years of combined experience, and has the resources and experience to take on class action lawsuits of any size and against any opponent. In the past, our class action lawyers have participated in several large-scale class and mass joiner actions and have secured millions of dollars for our clients. Class-action lawsuits are an efficient and calculated way to take on large, well-represented organizations, and also to help the maximum number of people.  Class action lawsuits offer a number of advantages because they are able to aggregate a large number of what are often smaller individualized claims into one class action lawsuit. Our class action attorneys’ main mission is to bring powerful representation and justice to the individual or small business. In the process, class actions provide the necessary impetus to change laws for the better and to help thousands of people who have been injured, oppressed or have suffered injustice.  We put our reputation on the line in every case.

If you believe that you have been cheated or defrauded by a common corporate plan or scheme, you should contact us immediately at Belt Law Firm by filling out this form or by calling us toll free at 1-888-933-1514 for your Free Class Action Consultation.

Obesity Research Institute has been hit with a false advertising action by FDA for making claims “too good to be true” about its diet drugs/supplements, Lipozene and MetaboUp. According to the action , Obesity Research Institute uses bold fonts and “official looking seals” on its product packaging that lead consumers to believe that Lipozene and MataboUp diet pills are clinically proven to “reduce pounds of body fat and weight without a change in lifestyle.” The products also misleadingly state that not only users will lose weight merely by taking the product, but that 78% of each pound lost will be pure body fat.

FDA regulates both finished dietary supplement products and dietary ingredients under a different set of regulations than those covering “conventional” foods and drug products (prescription and Over-the-Counter). Under the Dietary Supplement Health and Education Act of 1994 (DSHEA), the dietary supplement or dietary ingredient manufacturer is responsible for ensuring that a dietary supplement or ingredient is safe before it is marketed. FDA’s other responsibilities include product information, such as labeling, claims, package inserts, and accompanying literature. The Federal Trade Commission regulates dietary supplement advertising

“In reality, the too good to be true claims made by Obesity Research Institute are just that and the Defendant is and has been misrepresenting the effectiveness of its weight loss products to the general public in order to reap windfall profits,” the Lipozene and MetaboUp action states. As a result, consumers have been unfairly duped into paying $29.95 a bottle for diet pills that do not provide the advertising benefits “whatsoever.”

The FDA has revised the label of dronedarone (Multaq), an antiarrhythmic drug, to reflect its increased risk of death or serious cardiovascular events when taken by patients with permanent atrial fibrillation. Dronedarone is approved to treat atrial flutter and paroxysmal or persistent atrial fibrillation, but not permanent Afib.

The drug’s maker, sanofi-aventis, had tested dronedarone in patients with permanent atrial fibrillation but the trial, called PALLAS, was stopped early because of increased cardiovascular events in those taking the drug.

A full analysis of the data, presented at the 2011 American Heart Association meeting, confirmed the excessive risk — almost double compared with placebo — of cardiovascular events including stroke, myocardial infarction, systemic embolism or death from cardiovascular causes.

Dronedarone had been approved to treat atrial flutter and paroxysmal or persistent atrial fibrillation on the strength of the ATHENA trial, reported in 2009. The benefit of the drug in this trial was mainly from a reduced rate of hospitalization from atrial fibrillation.

Following the discontinuation of PALLAS, however, the FDA announced that it was reviewing the drug’s safety in patients with permanent atrial fibrillation.

The new label changes for the drug include the following:

• Dronedarone should not be prescribed to patients with permanent atrial fibrillation (those who cannot or will not be converted into normal sinus rhythm) because of the twofold risk of cardiovascular death, stroke, and heart failure in such patients.
• Patients on the drug should be monitored via ECG every three months and patients in atrial fibrillation should discontinue the drug or be cardioverted if that is clinically indicated.
• Patients prescribed dronedarone should receive appropriate antithrombotic therapy.

In January, the FDA alerted healthcare professionals to the potential for liver damage from dronedarone based on two reported post-marketing case reports of acute liver failure that required transplantation. The agency recommended periodic liver enzyme tests, especially in the first six months of treatment.

About Belt Law Firm, P.C.

Belt Law Firm, P.C., has more than 70 years of combined experience, and has the resources and experience to take on class action lawsuits of any size and against any opponent. In the past, our class action lawyers have participated in several large-scale class and mass joiner actions and have secured millions of dollars for our clients. Class-action lawsuits are an efficient and calculated way to take on large, well-represented organizations, and also to help the maximum number of people.  Class action lawsuits offer a number of advantages because they are able to aggregate a large number of what are often smaller individualized claims into one class action lawsuit. Our class action attorneys’ main mission is to bring powerful representation and justice to the individual or small business. In the process, class actions provide the necessary impetus to change laws for the better and to help thousands of people who have been injured, oppressed or have suffered injustice.  We put our reputation on the line in every case.

If you believe that you have been cheated or defrauded by a common corporate plan or scheme, you should contact us immediately at Belt Law Firm by filling out this form or by calling us toll free at 1-888-933-1514 for your Free Class Action Consultation

Pfizer’s Zoloft, as well as other SSRIs, has reportedly been linked to a potential risk of birth defects in infants born to women taking the drug during pregnancy. These Zoloft birth defects may include life-threatening heart defects, as well as abdominal wall and skull defects. Because the manufacturer failed to warn doctors and patients about the possible risk of Zoloft birth defects, mothers who took the drug during pregnancy and delivered children with birth defects may be able to file a claim to recover financial compensation.

Research has linked Zoloft (generic: sertraline) and other SSRI drugs to birth defects. A 2007 study found that infants exposed to Zoloft while in the womb were twice as likely to be born with certain Zoloft heart defects. Furthermore, the study revealed that infants born to Zoloft users were nearly six times more likely to develop omphalocele, a Zoloft birth defect which develops when the abdominal organs protrude through the belly button. Infants exposed to Zoloft during pregnancy were also nearly twice as likely to be born with craniosynostosis, a Zoloft birth defect which causes one or more sutures on the child’s head to close earlier than normal, according to the study.

Other SSRI and Zoloft birth defects which have allegedly been associated with the use of the drug may include:

• Club foot
• Limb defects
• Cleft lip and cleft palate
• Anal atresia (complete or partial closure of the anus)
• Cardiac defects
• Hypoplastic heart syndrome

One 2007 study also found that women who took an SSRI drug during pregnancy were more than twice as likely to deliver a child with anencephaly, which is a neural tube defect in which there is an absence of a large part of the brain and skull.

Many Zoloft birth defects may require surgery or other costly medical care. Those who elect to pursue legal recourse for their Zoloft birth defects, however, may be able to recover the cost of these medical procedures, as well as other damages.

Bed Bug

Bed bug bites

The common bed bug, is an important economic and nuisance pest that infests the numerous places where people sleep, including houses, apartments, hotels, and college dormitories. Human risks associated with bed bugs include sleeplessness, itchy bites and skin welts, anemia, stress, economic losses, and the potential for overexposure to pesticides used for bed bug management. Recent increases in bed bug complaints across the United States, plus extensive media attention, suggested the need for a nationwide survey that would elucidate the scope of this growing problem, after almost 50 years of little attention.

• Red, often with a darker red spot in the middle
• Itchy
• Arranged in a rough line or in a cluster
• Located on the face, neck, arms and hands

Some people have no reaction at all to bedbug bites, while others experience an allergic reaction that can include severe itching, blisters or hives. Once infestation has occurred in a densely populated complex, control and eradication can be extremely difficult, which caused the court to take the following action in Des Moines, Iowa.

A judge has certified class-action status for a lawsuit filed on behalf of 300 current and former residents of two Des Moines, Iowa  apartment complexes over a bedbug problem. The lawsuit was filed in March 2010 lawsuit in Polk County against Elsie Mason  Manor and Ligutti Towers, which serve elderly and disabled residents.  The lawsuit alleges that managers knew about the infestation for more than two years but refused to warn tenants or properly treat it until they were sued.

American Baptist Homes of the Midwest manages the building. Its president, Dave Zwickey, has said the organization intends to settle with residents once court proceedings sort out who is owed money and how much.

About Belt Law Firm, P.C.

Belt Law Firm, P.C., has more than 70 years of combined experience, and has the resources and experience to take on class action lawsuits of any size and against any opponent. In the past, our class action lawyers have participated in several large-scale class and mass joiner actions and have secured millions of dollars for our clients. Class-action lawsuits are an efficient and calculated way to take on large, well-represented organizations, and also to help the maximum number of people.  Class action lawsuits offer a number of advantages because they are able to aggregate a large number of what are often smaller individualized claims into one class action lawsuit. Our class action attorneys’ main mission is to bring powerful representation and justice to the individual or small business. In the process, class actions provide the necessary impetus to change laws for the better and to help thousands of people who have been injured, oppressed or have suffered injustice.  We put our reputation on the line in every case.

If you believe that you have been cheated or defrauded by a common corporate plan or scheme, you should contact us immediately at Belt Law Firm by filling out this form or by calling us toll free at 1-888-933-1514 for your Free Class Action Consultation

The metal-on-metal DePuy Pinnacle Acetabular Cup system has been associated with a number of complications. Reportedly, the DePuy Pinnacle hip is similar to the recalled DePuy ASR hip replacement, which was linked to a high failure rate, among other problems. Although a DePuy Pinnacle recall has not been issued, patients have complained of pain and other complications with the hip replacement.

DePuy Pinnacle Complaints

Reportedly, metal-on-metal DePuy Pinnacle problems may include the following:

• Hip pain
• Trouble walking or standing
• Swelling and tenderness around the hip joint
• Thigh pain
• Snapping or clicking noise
• Issues with weight bearing
• High levels of metals, such as cobalt and chromium, in the body

DePuy Pinnacle Problems: Metal Poisoning

Allegedly, metal-on-metal hip replacements, such as the Pinnacle, can put patients at risk for metallosis and implant failure as a result of tiny metal particles which can be shed into the body as the metal components wear. Patients who have been implanted with a metal-on-metal Pinnacle hip implant may wish to seek a blood metal analysis from their doctor to determine whether high blood levels of cobalt or chromium are present. Elevated levels of these metals are common among metal hip implant recipients, and research is ongoing as to whether there are long-term health problems associated with cobalt or chromium toxicity.

About Belt Law Firm, P.C.

Belt Law Firm, P.C., has more than 70 years of combined experience, and has the resources and experience to take on class action lawsuits of any size and against any opponent. In the past, our class action lawyers have participated in several large-scale class and mass joiner actions and have secured millions of dollars for our clients. Class-action lawsuits are an efficient and calculated way to take on large, well-represented organizations, and also to help the maximum number of people.  Class action lawsuits offer a number of advantages because they are able to aggregate a large number of what are often smaller individualized claims into one class action lawsuit. Our class action attorneys’ main mission is to bring powerful representation and justice to the individual or small business. In the process, class actions provide the necessary impetus to change laws for the better and to help thousands of people who have been injured, oppressed or have suffered injustice.  We put our reputation on the line in every case.

If you believe that you have been cheated or defrauded by a common corporate plan or scheme, you should contact us immediately at Belt Law Firm by filling out this form or by calling us toll free at 1-888-933-1514 for your Free Class Action Consultation.

Levaquin and Cipro have been linked to tendon ruptures, tendinitis and Achilles tendon damage. Ortho-McNeil Pharmaceuticals, Bayer Pharmaceuticals

Levaquin and Cipro are part of the fluoroquinolone group of antibiotics. Levaquin is used to treat infections in the urinary tract, bones, abdomen, lower respiratory system and skin, while Cipro treats bacterial infections in the skin, lungs and urinary tract.

The FDA has reported that patients taking Levaquin and Cipro have been experiencing serious tendon injuries, including Achilles tendon ruptures. In July 2008, the FDA reported over 800 cases of tendon ruptures, tendinitis and other tendon disorders in patients taking Levaquin. In addition, over 300 reports of tendon ruptures occurred in Cipro patients. The FDA then required both Levaquin and Cipro to include a black box warning, the agency’s strongest safety alert, about the tendon problems. Symptoms of tendon ruptures include pain or swelling in the tendon area, a pop in the tendon area and inability to move the affected area.

The most important information I should know about LEVAQUIN is that it belongs to a class of antibiotics called fluoroquinolones, which can cause side effects that may be serious or even cause death. If you get any of the following serious side effects, get medical help right away:

• Tendon rupture or swelling of the tendon (tendinitis).
• Tendons are tough cords of tissue that connect muscles to bones.
• Pain, swelling, tears, and inflammation of tendons including the back of the ankle (Achilles), shoulder, hand, or other tendon sites can  happen in people of all ages who take fluoroquinolone antibiotics, including LEVAQUIN

 This risk is higher if you:

• are over 60 years of age
• are taking steroids (corticosteroids)
• have had a kidney, heart or lung transplant.

Swelling of the tendon (tendinitis) and tendon rupture (breakage) have also happened in patients who take fluoroquinolones who do not have the above risk factors.

Other reasons for tendon ruptures can include:

• physical activity or exercise
• kidney failure
• tendon problems in the past, such as in people with rheumatoid arthritis (RA).

Call your health-care provider right away at the first sign of tendon pain, swelling or inflammation and avoid exercise or using the affected area. The most common area of pain and swelling is the Achilles tendon at the back of your ankle, but can also happen with other tendons. Tendon rupture can happen while you are taking or up to several months  after you have finished taking LEVAQUIN

About Belt Law Firm, P.C.

Belt Law Firm, P.C., has more than 70 years of combined experience, and has the resources and experience to take on class action lawsuits of any size and against any opponent. In the past, our class action lawyers have participated in several large-scale class and mass joiner actions and have secured millions of dollars for our clients. Class-action lawsuits are an efficient and calculated way to take on large, well-represented organizations, and also to help the maximum number of people.  Class action lawsuits offer a number of advantages because they are able to aggregate a large number of what are often smaller individualized claims into one class action lawsuit. Our class action attorneys’ main mission is to bring powerful representation and justice to the individual or small business. In the process, class actions provide the necessary impetus to change laws for the better and to help thousands of people who have been injured, oppressed or have suffered injustice.  We put our reputation on the line in every case.

If you believe that you have been cheated or defrauded by a common corporate plan or scheme, you should contact us immediately at Belt Law Firm by filling out this form or by calling us toll free at 1-888-933-1514 for your Free Class Action Consultation