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Factor VIII - Blood Products Litigation
Sheldon J. Schlesinger P.A. currently represents over a thousand individuals, or their survivors and estates, from South America. These plaintiffs with hemophilia became infected with the HIV and/or HCV viruses through the use of concentrate blood products - Factor VIII and IX - manufactured by American companies in the 1980's. This site is designed to keep our clients and the general public up to date about this complex litigation as we strive to obtain justice for those harmed by these products.
Background - In the early 1980's, American companies began to manufacture concentrate blood products known as anti-hemophilic Factors VIII and IX, which were intended to aid in the treatment of hemophilia. These factor concentrates were manufactured and sold in the U.S. and also exported to countries throughout the world. This resulted in the mass infection of HIV and HCV to those who used these products and the deaths of thousands of people with hemophilia, including hundreds in South America in countries such as Argentina, Brazil, Venezuela, Peru and Paraguay.
Factual allegations - Plaintiffs in this litigation allege that certain American companies -among them Bayer Corporation, Baxter Healthcare Corporation and Armour Pharmaceutical Company - manufactured and sold factor concentrates that were contaminated with HIV and/or HCV. Some of these companies recruited and paid plasma donors from high risk populations including intravenous drug users, homosexuals and prisoners. The Defendants used this plasma in the production of factor concentrates, and marketed and distributed them as beneficial products in the treatment of hemophilia. We believe that Defendants knew they were exposing the users of concentrates to a high risk of contracting a deadly disease. Defendants fraudulently misrepresented the fact that Factors VIII and IX were safe to use to government officials and the public, claiming that they had taken the necessary steps to reduce the risk of developing AIDS and/or HCV. They also failed to utilize more effective viral inactivation methods that were available at the time. Furthermore, once the companies introduced a safer and improved version of the concentrates in the U.S. and Europe, they continued to sell the old, contaminated blood product in South America without any concern for the tragic consequences that could result.
Latest update on the litigation - The cases, which include Plaintiffs from Argentina, Brazil, Venezuela, Peru and Paraguay, are currently part of the Multi-District Litigation [MDL] docket No. 986, in the Northern District of Illinois, presided by United States District Judge John F. Grady.
On May 4, 2007, the U.S. Court of Appeals for the Seventh Circuit upheld Judge Grady's decision granting Defendants' Motion to Dismiss the claims of the United Kingdom Plaintiffs on the grounds of Forum Non Conveniens.
On June 4, 2007, the Defendants filed a Motion to Dismiss the cases of the Plaintiffs from Argentina, based on Forum Non Conveniens grounds. Plaintiffs' counsel is currently preparing to oppose this motion and will file Plaintiffs' response on or before July 19, 2007. Defendants will have until September 3rd, 2007 to reply. After deliberation, the Judge will file a Memorandum Opinion as to whether these cases can be litigated in the United States.
On January 17, 2008, Judge John F. Grady issued a Memorandum Opinion regarding the Argentine cases and the Defendants’ Motion to Dismiss on Forum Non Conveniens grounds. Please view the pdf links below to learn more about this important ruling.
El día 17 de Enero del 2008, el Juez John F. Grady emitió una Opinión-Memoranda referente a los casos Argentinos y a la solicitud de los demandados para desestimar la causa por falta de competencia jurisdiccional [forum non conveniens]. Presione aquí para mayor información sobre este importante fallo.
Conclusion Portion of Memorandum Opinion in Spanish / Traducción de la Conclusión de la Opinión del Juéz al Español
Letter to Clients in English / Carta a los Clientes en Inglés
Letter to Clients in Spanish / Carta a los Clientes en Español
Complete Memorandum Opinion in English / Opinion – Memoranda del Juéz en Inglés – Versión Completa
For more information or to speak to one of our attorneys, contact Sheldon J. Schlesinger, P.A., for a free consultation with a caring, experienced legal team.
• Basic Information on Factor VIII
• National Hemophilia Information
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Sheldon J. Schlesinger, P.A. represents clients throughout the state of Florida including the cities of Boca Raton, Boynton Beach, Carol City, Cooper City, Coral Gables, Coral Springs, Davie, Deerfield Beach, Delray Beach, Fort Lauderdale, Hialeah, Hollywood, Jupiter, Lake Worth, Miramar, Miami, Oakland Park, Palm Beach, Palm Beach Gardens, Palm Springs, Pompano Beach, and Rivera Beach
Broward County • Miami-Dade County • Palm Beach County
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