Lori Andrus Honored With Prestigious Justice Association Award

Attorney Lori E. Andrus, a founding partner in Andrus Anderson LLP, has been awarded the prestigious Wiedemann Wysocki Award by the American Association for Justice.  The award honors attorneys for their commitment to their profession and support for improving the civil justice system.

“I would like to thank the American Association for Justice for this important honor,” Ms. Andrus says. “This award is named for two great Louisiana attorneys, and I hope to continue their goal of helping deserving plaintiffs find justice in the civil court system.”

The Wiedemann Wysocki Award was established in honor of Fritz Wiedemann and James Anthony Wysocki, two New Orleans-based trial lawyers and active American Association for Justice members who died in a plane crash while traveling to an American Association for Justice event.

Ms. Andrus will receive the award on July 11, 2010 at the association’s annual conference in Vancouver.

Civil Justice System Spurs Auto Safety Innovation

Lori Andrus and Jennie Anderson, both active members of the American Association for Justice (”AAJ”), support AAJ’s efforts to make vehicles safer.  A new AAJ report shows how design defect litigation has led to safer vehicles.  The AAJ press release reads:

Washington D.C.—As the fallout from Toyota’s sudden acceleration fiasco continues, a new report released today by the American Association for Justice (AAJ) illustrates how similar vehicle design defects, when brought to light by the civil justice system, have spurred innovations in auto safety.

The report explains that since the 1960s, design defect litigation has enforced safety standards, revealed previously concealed defects and regulatory weaknesses, and deterred manufacturers from cutting corners on safety for the goal of greater profits.

“Runaway Toyotas may be front-and-center today, but unfortunately, this scenario has been repeating itself for decades,” said AAJ President Anthony Tarricone. “And if history is any judge, the litigation brought against Toyota will inevitably make the company more responsible and responsive to problems, and ultimately safer for consumers.”

For example, auto safety litigation was critical in forcing American manufacturers to install safer power window controls following multiple deaths of children. While a Texas mother spoke with her husband through the driver’s side window of a Ford F-150, her three-year old daughter leaned out of the passenger’s side window and accidentally hit the “rocker” style switch, causing the window to close and strangling the child to death.

Manufacturers were well aware of the risks of rocker switches inadvertently closing if a child leaned on one (in 2004, seven children died in the span of three months) and even installed safer “pull-up” switches in the cars they offered to foreign markets. But it took litigation for manufacturers to install safer switches in domestic cars, since the National Highway Traffic Safety Administration had no rules governing power window safety.

Other safety improvements included in the report that were promoted by the civil justice system include life-saving repairs to vehicle gas tanks, seat belts, side impact design, roof strength, tires, electronic stability control, door latches, air bags, power windows and seats.

Click here to download the report, entitled “Driven to Safety: How Litigation Has Spurred Auto Safety Innovations.”

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As the world’s largest trial bar, the American Association for Justice (formerly known as the Association of Trial Lawyers of America) works to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others—even when it means taking on the most powerful corporations. Visit http://www.justice.org/newsroom.

Andrus Anderson Partner, Lori Andrus, Authors “In The Wake Of Iqbal” for Trial Magazine

In In The Wake Of Iqbal, published in the March 2010 edition of Trial Magazine, author Lori Andrus explores the impact of the United States Supreme Court’s ruling in Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009) on federal pleading standards. The article also provides helpful tips on how to prepare your case to meet Iqbal’s challenging new standard. To read the entire article, click here.

Reprinted with permission of TRIAL (March 2010)

Copyright American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®)

Jennie Lee Anderson Speaks About Prevailing at Class Certification at the AAJ Winter Convention in Maui

On January 30, 2010, AA LLP partner, Jennie Lee Anderson, spoke to attendees at the American Association for Justice Winter Convention in Maui about how to prevail at class certification in document-based cases, including class actions regarding mortgage fraud.  The focus of the presentation was on three recent decisions wherein courts certified classes finding that common documents predominated over individual issues.  Among the cases highlighted were the Ninth Circuit’s decision inYokoyama v. Midland Nat’l Life Ins. Co., and the Northern District of California’s class certification order in Lymburner v.  U.S. Financial Funding.  Ms. Anderson is counsel of record in the Lymburner  case and successfully argued Plaintiff’s motion for class certification in the case.

Yasmin/Yaz Manufacturer Warned by FDA

The U.S. Food and Drug Administration (FDA) has warned the makers of Yasmin and Yaz birth control drugs about problems concerning the testing and quality of the pharmaceutical ingredients in the drugs.  This, after repeated warnings by the federal government to Bayer (and its predecessor Berlex) for improperly marketing its birth control drugs in a manner that overstates the drugs’ benefits and downplays the very serious, and potentially fatal, side effects of the drug.

In a letter released on September 15, 2009, the FDA warned Bayer about the quality control and testing problems relating to the key ingredient in Yasmin and Yaz, drospirenone.  Click here to view the letter.

The warning followed an inspection, conducted in March, of the Yasmin manufacturing plant in Berghamen, Germany that “revealed significant deviations from U.S. current good manufacturing practices (CGMP) in the manufacture of non-sterile APIs [Active Pharmaceutical Ingredients].”  Bayer has thirty days to respond to the warning.

Andrus Anderson LLP is representing women who have been harmed by Yasmin and Yaz, including those who have suffered: gall bladder disease, heart attack, stroke, cardiac arrhythmias, pulmonary embolism (PE), deep vein thrombosis (DVT), liver failure and kidney failure.  The primary concern with Yasmin and Yaz is that the active ingredient, drospirenone, increases potassium in the blood to dangerous levels.  A prominent consumer advocacy group, Public Citizen, listed Yasmin as a “Do Not Use” drug in 2002, because:

*Yasmin side effects caused by drospirenone increase blood levels of potassium, which could result in heart problems and other health concerns; and

* There is no evidence that the drug is superior to old contraceptives or that the benefits outweigh the risk of Yasmin dangers.

For more information on the potential dangers of Yasmin and Yaz, or to speak to an attorney, please contact Andrus Anderson LLP by clicking here.

Lori Andrus Elected Secretary of the Women Trial Lawyers’ Caucus, American Association for Justice

July 28, 2009 -

Attorney Lori Andrus was elected Secretary of the American Association for Justice’s Women Trial Lawyers’ Caucus.  In this position, Ms. Andrus will continue to pave the way for female law students to join the ranks of the plaintiffs’ bar.  Ms. Andrus and the leadership of the Women’s Caucus are also committed to their continued fundraising efforts for the Women for Justice Education Fund, which Ms. Andrus helped found in 2008.

This year, the Women’s Caucus awarded two scholarships from the Women for Justice Education Fund, named after a primary benefactor, Mike Eidson.  Each year, the Mike Eidson Scholarship is awarded to a third-year female law student who commits to plaintiffs’ practice.  This year’s recipients, Samika Boyd and Christine Dunphy, both women of color, boast impressive academic acheivements, particularly in light of the obstacles they each faced growing up in poverty.  Ms. Andrus is pleased to support Ms. Boyd and Ms. Dunphy in their academic endeavors and as they enter the world of public service and trial law.

The mission of the American Association for Justice (formerly ATLA) is to promote a fair and effective justice system—and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America’s courtrooms, even when taking on the most powerful interests.

Cal State ESL Teachers Represented by Andrus Anderson LLP

Andrus Anderson represents California State University-East Bay (Cal State) English as a second language (ESL) teachers in a class action in Alameda County Superior Court.  The lawsuit, Nelson et al., v. California State University, East Bay Foundation, Inc., was filed on March 23, 2009 (Case No. RG09442869).

ESL Teachers Allege Violations of Labor Laws, Back Pay Owed

In their complaint, current and former ESL teachers allege that Cal State has not paid them for all hours worked, as required under California’s labor laws.  Specifically, the teachers claim that Cal State’s refusal to pay for all time worked outside of the classroom (including preparation time, grading time and time spent meeting with students), violates California Wage Order 4-2001 and California’s Business & Professions Code § 17200.  Additionally, the lawsuit alleges breach of contract, failure to pay waiting time penalties to former teachers, and failure to maintain accurate time keeping records.

The ESL teachers seek certification of a class of ESL teachers who have not been paid for all hours worked since March 23, 2005, and, among other things, seek back pay with interest, restitution, and civil penalties.

Contact Andrus Anderson

If you are an ESL teacher and have been denied pay for time spent outside of the classroom, we would like to learn more about your experience as part of our investigation.  Please click here to submit your complaint.

Andrus Anderson Investigating Hydroxycut Injuries

Andrus Anderson LLP is investigating potential cases involving users of Hydroxycut® products who have experienced health problems that may include Rhabdomyolysis (muscle damage that can lead to kidney failure and other health problems), death, cardiovascular symptoms, hypertension, elevated liver enzymes (that can indicate liver failure), kidney failure and seizures.

If you would like to discuss Hydroxycut® cases, associate with us or refer cases to us, please contact attorney Lori Andrus at lori@andrusanderson.com.

Supplement Recall

On May 1, 2009, the FDA issued a consumer advisory that warned consumers to stop using Hydroxycut® products immediately, citing 23 reports of serious health problems and one reported death associated with use of Hydroxycut® products.  Reports of liver damage involved individuals taking the label’s recommended dosage.  Hydroxycut® products are distributed by Iovate Health Sciences USA Inc.  Iovate initiated a voluntary recall when it became aware that the FDA’s safety assessment differed from its own analysis.

Although the reports of serious health problems do not apply to all Hydroxycut® products, Iovate has issued a recall for the following 14 items:

*    Hydroxycut Regular Rapid Release Caplets
*    Hydroxycut Caffeine-Free Rapid Release Caplets
*    Hydroxycut Hardcore Liquid Caplets
*    Hydroxycut Max Liquid Caplets
*    Hydroxycut Regular Drink Packets
*    Hydroxycut Caffeine-Free Drink Packets
*    Hydroxycut Hardcore Drink Packets (Ignition Stix)
*    Hydroxycut Max Drink Packets
*    Hydroxycut Liquid Shots
*    Hydroxycut Hardcore RTDs (Ready-to-Drink)
*    Hydroxycut Max Aqua Shed
*    Hydroxycut 24
*    Hydroxycut Carb Control
*    Hydroxycut Natural

Supplement History

Hydroxycut® products are heavily advertised dietary supplements, energy enhancers and fat burners that are widely distributed and, according to the FDA, sold more than 9 million items in 2008.  Although Hydroxycut® products contain a variety of ingredients and herbal extracts, the FDA has not identified the ingredients, dosages or other health-related factors that may be associated with an increased risk of liver damage and other health problems.

Related Injuries

Symptoms of liver damage and other health problems associated with Hydroxycut® use may include:

*    Jaundice (yellowing of skin or whites of the eyes)
*    Brown urine
*    Light-colored stools
*    Nausea or vomiting
*    Excessive fatigue and weakness
*    Stomach or abdominal pain
*    Itching
*    Loss of appetite

As the manufacturer of dietary supplements, Iovate is required by the Dietary Supplement Health and Education Act of 1994 to ensure product safety before placing it on the market, but the product does not undergo FDA approval.  Once a product is on the market, the manufacturer must report adverse events to the FDA within 15 days.

F.D.A. Urges Consumers To Immediately Stop Using Hydroxycut

The U.S. Food and Drug Administration (FDA) is warning consumers to immediately stop using Hydroxycut products by Iovate Health Sciences, Inc., of Oakville, Ontario and distributed by Iovate Health Sciences U.S.A., Inc. of Blasdell, NY.  Hydroxycut products are associated with a number of serious liver injuries.  To see the FDA’s statement on Hydroxycut click here.

The FDA has 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 transplants.  One death due to liver failure has been reported to FDA.  Other health problems reported include seizures; cardiovascular disorders; and rhabdomyolysis, a type of muscle damage that can lead to other serious health problems such as kidney failure.

Genentech Pulls Psoriasis Drug Raptiva Due To Risk of Fatal Brain Infection

Today, Genentech and the U.S. Food & Drug Administration (FDA) announced a voluntary withdrawal of the drug Raptiva (efalizumab).  According to the statement issued by the FDA, “The company is taking this action because of a potential risk to patients of developing progressive multifocal leukoencephalopathy (PML), a rare, serious, progressive neurologic disease caused by a virus that affects the central nervous system.”

Prescribers are being asked not to initiate Raptiva treatment for any new patients.

The risk that an individual patient taking Raptiva will develop PML is rare and is generally associated with long-term use. Generally, PML occurs in people whose immune systems have been severely weakened and often leads to an irreversible decline in neurologic function and death. There is no known effective treatment for PML.

Raptiva was approved by the FDA in 2003. It is a once-weekly injection for adults with moderate to severe plaque psoriasis, a skin condition characterized by red, scaly patches of skin. On Oct. 16, 2008, the FDA updated the labeling for Raptiva to warn of the risk of life-threatening infections, including PML. Then, on Feb. 19, 2009, the FDA issued a Public Health Advisory informing patients and prescribers of the risk of PML in patients taking Raptiva, after receiving reports of four patients with PML, three of whom died. On March 13, 2009, the FDA approved a Medication Guide for Raptiva and included additional information in Raptiva’s labeling regarding PML.