Baxter Heparin Recall Lawsuits Scheduled for Trials to Begin November 2010

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By: AboutLawsuits | Published: September 30th, 2009

The first product liability trial over defective batches of the blood thinner heparin, which were used throughout the United States from late 2007 to early 2008 and may have killed 81 people and sickened hundreds more, has been scheduled to begin in November 2010.

At least 50 heparin recall lawsuits are currently consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation, in the U.S. District Court for the Northern District of Ohio. All of the cases involve similar allegations that tainted lots of heparin distributed by Baxter Healthcare caused severe and potentially life-threatening allergic-type reactions.

A Baxter heparin recall was issued in January 2008 after a spike in adverse event reports surfaced involving reactions to heparin, an anticoagulant or blood thinner that is critical for a number of medical procedures and conditions.

At that time, Baxter manufactured about half of the injectable heparin sold in the United States and it was discovered that the heparin contained a fake ingredient received from a plant in China that was chemically similar to heparin, yet substantially cheaper.

Investigations by the FDA and a report published in the New England Journal of Medicine in December 2008 found that the heparin reactions were caused by the presence of oversulfated chondroitin sulfate. FDA investigators and researchers believe the fake ingredient was used for fraudulent purposes, to save money.

According to a scheduling order issued last week, U.S. District Judge James Garr ordered that the first individual trial in the Baxter heparin litigation will begin on November 2, 2010. Selection of which case or cases will be tried during the first jury trial is expected to occur by May 1, 2010.

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  1. I had back surgery in 2004 at Tampa general hospital. During my stay i was given heparin on a daily basis. The first time I attempted to walk I blacked out and was told I had 4 large blood clots enter my lungs. I stayed in the hospital for 40 days dealind with all the clots. I was told I had h.i.t., heparin induced thrombocytopiena. Since I have had extreme lung and heart problems.

  2. I had vascular surgery in Chi. in Jan of 08. I almost died. I had 4 emergency surgeries. i was given a lot of heparin. I stopped breathing and was put on a respirator. My surgeon put me in a coma for about a week. I almost lost my whole hand. I aparently developed multi clots in my neck and left arm. and my surgeon thought I might have Hit.He worked very hard at getting them out, but he couldn’t get all of the clots out. He told my husband that in all the years he has been doing this surgery he has never seen cloting like I had. The last two years have been like hell. My fingers are stilll autoamputating and I still do not have most of my movements back in my hand. I went through so many things in the hospital and since I have gone home. i was fired 6 months after surgery. I used to work with both of my hands. I have not been able to get another job.

  3. Mother had open heart surgery Sept 2008 did well until the 2nd night..she had a “bad” night..after that she started putting on fuild and 3 weeks later ended up back in ICU with multi organ failure..platelets droped severely something they see about every 10 years but had 7 cases that week all had been given heparin..mother never recoved and passed away 11-1-2008…we think she threw multiple blood clots even though she was on heparin

  4. My mother was a dialysis patient in October of 2007. She received large doses of heparin three days a week. She began having what we thought were flu like symptoms. By the end of the week my father found her in a catatonic state and she was rushed to the ER. We were told that she had a very bad infection but the doctors couldn’t pinpoint what the infection was coming from. She passed away hours after being rushed to the ER. We found out abut the heparin recall in January 2008 and after doing some reading on the subject we realized a huge similarity between her symptoms and the symptoms being reported by those that received the tainted heparin. Of the laundry list of symptoms being reported my mother had more than half of them. She was only 59 years old……

  5. I already blew two blood clots to my lungs and had a pic line to have heparin and phenagran given to me daily and to get the numerous amounts of blood that they needed for their “tests”. I started with the chills and contnuously got sicker and sicker. I finally went to the emergency room and spent two weeks in the hospital and another two weeks in a nursing home on vancomyacin to try to combat whatever it was that I had. I was diagnosed with serratia and spoke with the pharmacist that had been sending me my medication from tampa and was told that I indeed did get the bad batch. I continue to be on oxygen 24/7 and spend alot of weeks in the hospital with lung problems(pnemonia 29 times in the hospital one week or more each time), heart problems,bowel problems. I had to have a complete hysterectomy and I died on the table two times. I am 44 years old and I have more health problems than my 86 year old grandmother!!

  6. I was in the hospital for pancreas surgery march 2008. I was on heparin. I ended up spending 6 months in the hospital fighting for my life because of complications. I joined a class action in 2009.

  7. My father had 2 surgeries in Jan of 2008. He went home but was readmitted the same night in cardiac arrest and complete organ failure. We were told he had HIT and he was never to be given heparin again. My father never recovered. We had to remove him from the respirator after 1 1/2 weeks. I have had a lawsuit filed ever since but it seems to be going nowhere. I watched many people die over that week at that hospital with the same signs and symptoms of my father. One was a 21 year old male who had nothing but a broke leg. It is sad a company like Baxter can get by with killing thousands and not a thing be done about it. I am sorry for each and everyone that has posted here. I have read every story and there is no doubt that heparin was the cause. May God have mercy on the big wigs at Baxter because they will face this one day.

  8. Joyce, I lost my father in Nov. 2007 from the same circumstances. The doctors said HIT also. I currently have a lawsuit pending.

  9. Hire a expereince heparin lawyer please. We hired a lawyer that knew noting aobut heparin he said we didnt have a case and then we hired a heparin lawyer who knew everything about the drug and the case. Hire an experience lawyer and save time. I too almost lost my dad in may08 during bypass surgery, they said he was allergic to heparin and was placed on every machine and drug in the hospital. Our lawyer has had our case about 5 months now and we still have not heard much at allfrom him. Get an good lawyer who knows this complicated case

  10. My mom died right in front of me in the hospital on March 20,2008 she had received Heparin I know that is what killed her. Reading all of this stuff about the contaminated Heparin. She told me they were going to maybe release her from the hospital that day and when I got to the hospital she did not look good, she had a sign on her bed that said Heparin in use, she told me she was very short of breath and then she started throwing up real bad and just died, I went to the hospital to eat lunch with her. It was horrible I still have flashbacks of it. Something needs to be done.

  11. I was given heparin during 2 stent inplants January 2008. Three days later, I was going to be released to go home when I caplained of chest pains. I went code blue. It was full cardiac arrest. Both stents clogged and they put in 2 more stents which one of them failed. The doctors didn’t know what went wrong. I wasn’t expected to survive. I thought it was just bad luck for me. I found out about a year later after seeing the ad about heparin on the T V . I’ve been fighting for my life for along time. I went through a lot of events in the hosptal. I finally had a heart transplant which saved my life. I was a trusting person of the medical people until this happened to me. I do have a heparin lawyer .

  12. Larry, glad u survived what a hell of time you had. Whos your lawyer I may call him for my case.

  13. My mother had 1/2 a knee replacement (oxford knee) in late Aug 2007. Doctors found clot in lung and started Heparin therapy. Baxter Heparin Sodium Injection-5,000 units/ml NDC code 00641040025. She also received Hospira Heparin continuous infusion. This is documented in writing from Condell Med. Ctr. Upon the start of this Heparin Therapy, my mother started to have breathing problems, as the day progressed, my mother’s health just started to deteriate. She developed problems swallowing, her jaw lacking the ability to move , she had problems urinated, bleeding severe needing platelets, finally ending up in the ICU code blue. The doctors had done HIT test not allergic to Heparin, she was given Benadryll along with Heparin Therapy, 4 specialists did not know what was causing my mother,s body to react the way it was. I have my mother’s complete medical records and much , much more information.

  14. Baxter lost the first heparin trial in Illinois State Court yesterday.So far so good for the Plaintiffs.We are very happy for the Johansen family.You should see more updates coming out.The trial lasted almost 4 weeks.The plaintiffs lawyers all did a wonderful job.Watch for the updates coming soon

  15. congrats to the victem in the first trial. 600K not enough money for an economic fraud involving life saving drugs. Should of been double the money.

  16. You got that right,they deserved alot more then doubled,They settled the first one out of court for a undisclosed amount,I bet it was for a whole lot more.usually when you can’t tell how much you got it’s for big money.They got peanuts.

  17. I have noticed there has been very little comment on heparin,is everyone quite careing about what happen to our loved ones or are they dissapointed in how slow the updates are,I can say we should be updated often and not just every 6 or 7 months or whenever.I know our lawyers are very busy with the lawsuits and the judges have more on there plates then just our lawsuit,but is time now federal court in ohio steps up and starts our trials then maybe we can get closure and justice for the ones that died from a drug that was suppose to help not kill.If anyone reads this please post your opinon,we need to keep this in the public eyes.So lets all vent our disappointment in how long it is taken our court system to help bring justice to the ones that this drug has caused harm to.

  18. almost 4yrs since they injected me with that crap.Now house bound 24/7 oxygen.My Lawyer Tells Me Nothing! I Want These CEO’s Jailed For Murder & Attempted Murder.But,That’s Not Going To Happen.I Wonder Why!

  19. I know what you mean Dinkiedow,but we all know that will never happen.I am sorry about what happen to you.I know it takes a toll and is a hardship on you.Are you in State Court or Federal Court.They should pass a law that when something like this happens,that it will have to be settled in a certain length of time.My mother died in Dec,2007,we know your pain.We do need to know alot more of what is going on then what little we are told.Our lawyers said it could take up to 5 years to settle and it looks like that is what it is going to take.Hang in there,hopefully it will be over soon for you and alot more of us,

  20. things are changing with our lawsuits in federal court.ask your lawyers for updates and don’t take no for a answer,beware alot of us will have our lawsuits throwed out soon,it seems like there will be no justice for alot of us.big powerful companies will win again against us little people I almost died from this drug,i guess that was not good enought,it has left me terrifted about taking any kind of drugs.just bewere

  21. when you say cases to be thrown out, is there a specific type of contaminated heparin case that plaintiff’s will not be compensated for? or is the amount of bodily damage done to a plaintiff as the result of being administered contaminated heparin? In a lot of cases physicians misdiagnosed HIT symptoms as part of the kidney failure disease & long term hemodialysis side effects and some could not make a specific diagnosis, & failed to make an accurate diagnosis for the symptoms that were presented upon E.R. visits due to most hospital E.R. physicians and dialysis techs, nurses are not trained, nor qualified to recognize a HIT reaction due to a contaminate in heparin supplies. Many of my hospital medical records will need to be reviewed and changed to HIT. Will E.R. blood work show the contaminate that was found in the heparin after this long? Most hospitals keep blood from patients in a blood bank for specified time.

    I ‘am a 16 year hemodialysis player & i have suffered a vascular by-pass surgery to remove a blood clot that formed after i received heparin during a parathyroidectomy due to my parathyroid numbers suddenly & suspiciously went off the chart during the time this heparin was contaminated, and in Jan of 08 after surgery i developed a mass that had to be surgically removed which led to post op staph infection, requiring multiple surgeories to clean it up and i now have a partially amputated left thumb and limited use of my left hand and arm. Will my case be thrown out?

  22. I am so sorry for everyones problems with this drug…I truely am disgusted with the way that lawyers are handling of our cases!! We’ve been at it for 3 years now and was told that it wouldn’t be a class action, that it was a case by case, but it sure is looking like that after this long it is DEFINATELY a class action!! My husband developed HIT and severe orthostatic hypotention after his brain surgery in Jan 08 and is lucky to be alive today after his airway collapsed, was ventilated for 9 days before a trach was placed and survived respiratory failure plus MRSA in his wound. He still is dependant on the trach too this day…God bless all of you

  23. I have been told by my lawyers that my fathers case would be arbitrated but more than likely mediated in the next 6 to 12 months amongst other cases of wrongful death. But the settlement will be very low with no punitive damades. good luck to all.

  24. I am truly sorry our goverment is letting this happen to the american people,the very people who voted them into office,the very people who trusted them and the very people who will vote them out of office.What happen to the investigatiuon that Congress called for,I guess it was to much of a bother for them to stand up for the american people and say enough is enough and we are going to stop the excuation of our people from drugs that our big powerful drug companies brings into this country so they can make a profit.Most all of the wronful deaths from the contaminated heparin was our elderly mothers and fathers who worked and paid taxes all there lives and was proud to live in a free country.A country that is suppose to take care of there elderly,what happen to our country that they let this happen.We have been sold out by the goverment by the judges and buy our lawyers for a profit.I guess Greed is the name of the game that is being played with the american people lives and it is time that it is stopped and hopefully if there is any honest congressman or senators left in our goverment they will stop the slap in the face we are getting from the contaminated heparin lawsuits or is there no justice and closure for us and the loved ones we lost.Not one of us that had these lawsuit expected to get rich from them but we did not expect to be told that our sick and elderly because there was something already wrong with them was going to die anyway,how do they know,if they hadn’t been giving the contaminated heparin they could have been still alive today.Who made the big greedy drug companies God.Who are they to say because you are sick or elderly you are no use to us so we are going to put you to death so we can make a greedy profit.

  25. The people / executives of baxter who made the decision to use the cheaper ingredient $9 vs. $900 need to be sued and then put in jail.Hows that sound.Then they can get all the money they made for them selves and thier shareholders ( insider trading. take a look at baxter stocks prior to 2007 ) and pay back all the families that suffered and not to mention the health insurance companies who paid out millions of dollars in hospital bills (no wonder why health insurance is so exspensive ) for us if you were lucky to have insurance. PLEASE PEOPLE WE NEED TO KEEP THIS GOING UNTIL WE GET RESULTS. THE MORE COMPLAINTS THE BETTER THE RESULTS. DONT BE NEGATIVE AND FORGET ABOUT IT LIKE THEY WANT YOU TOO!

  26. Tom,Don’t hold your breath on anything being done,They have already made offers,very small offers.It’s take it or your case will be thrown out,We were pushed over the waterfall with no return.All the people in the heparin cases was sold out by everyone.All of us will be lucky after all the fees are taken out to be able to buy a candybar.Read the other post on other lawsuits here and you will see what I mean.People who goes into a lawsuits or a class action or mdl thinking they will come out with enought money to pay there bills and regain there dignity are wrong.We mean nothing to the drug company or to our lawyers or to the judges,we are just someone who makes them money and keep them rich while we stay poor.

  27. I heard from our lawyer today about our lawsuite against baxter on the drug heparin. This whole lawsuite makes me sick to think about. We lost our mother to this drug and this company does not care. You go after the company and get awarded a settlement but the lawyer gets more then you do medicare gets their portion the Garretson group gets their part then your lawyer gets another part then benefit fund get another part and then it has to be probated in the state you are in and you have to pay for that and another lawyer to do the paper work. So where does that leave you? You are the one that lost the loved one and suffers ever day. If you think you are going to come out to the good and make some company pay for what they did to your loved one you are very wrong all you are going to come out with is the gref that you started with. I hope the people that run baxter can sleep at night because i find it very hard. Some thing should be done about this company and every one should write to your rep in congress. Don’t know if it would help it couldn’t hurt.

  28. I have an appointment with my attorney on Monday. Did anyone here get billed by the attorney handling the case or are their fees taken from the proceeds? My mother’s case has been going on for nearly 4 years and I am scared to death that all is going to come from all of this is a large bill that myself, by dad and my brother cannot pay, just because we faught for some sort of justice for our mother’s/wifes untimely death. This doesn’t make me feel very confidant that there will be much of a settlemend once this is all said an done. Also, has anyone’s case been thrown out and if so do you know why it was thrown out? Just curious.

  29. Your attorney’s fees comes out of your settlement,if you get one,if you don’t get a settlement they don’t get paid.You should have signed a paper stating how much of a percentage your lawyers gets from the settlement for his fees.If you will read the comment above you by Charcy she pretty well sums all the fees that will come out of the settlement.Hopefull you will get an offer soon,but don’t we suprised if it isn’t a very low offer.We found out that fighting for your loved ones when something like this happen,is almost useless.The big drug companies always wins.The only ones in a lawsuit like this one,only lawyers and the drug companies are the winners.We are only little people in a world of big time lawyers and bigger drug companies,us little people are the only ones who cares.We make everyone else rich with these lawsuits and come out with nothing.I for one will never be in another lawsuits like this one,it has been painful to know my mother died to make others rich.I hope you and your father and brother all the good luck we didn’t have.I feel your pain because you lost your mother as we lost ours to this drug.Good luck

  30. I was given Heparin during an emergency heart stent placement in Dec. 2007. Immediately after being injected with the Heparin I went into cardiac arrest and flat lined. I was resuscitated; afterward the Doctor told my wife that I scared the hell out of him. I developed HIT as a result and received numerous intravenous bags (6 total ) of Argatraban and Cumindine injections to prevent blood clots. My blood Platte count was zero immediately after this procedure. After seeing my regular Cardiologist who was not available for the emergency. He confirmed that I indeed had a reaction to contaminated Heparin. I went to the hospital to obtain a copy of the medical report and medications that were given during my emergency procedure. After reading the report I was shocked at what the doctor wrote, he reported that the procedure went fine without any abnormal events. Wow, I hate to think what he would describe as abnormal. I then went to the hospital pharmacy to obtain the lot #’s for the Pre-filled Heparin syringes and was told that they did not keep records of lot #’s for prescribed medicines given to patients. Bull#$*& and I know for a fact the FDA requires by law that all products that are produced for consumption (Maintain a Chain of Custody) this means that all the chemicals or ingredients that are used to manufacture that product be traceable in case of a recall. That also applies to hospitals to track all medications given to patients. After advising the personnel of the pharmacy of this FDA requirement I was told that they were not authorized to give out that information and that the only way I could acquire that information was through a court order. Afterward I was given a complimentary escort by off duty Houston police officers out of the hospital. One would ascertain that if the hospital knew that the Heparin I was given was part of the lot numbers recalled by Baxter. I started my litigation in Jan of 2008 and currently this case is on the third lawyer. It started with a lawyer in Florida and is now with a lawyer in Chicago. Now I’m suffering from depleted kidney function and other coronary implications. I just don’t believe I will ever see any settlement simply due to the fact, of failing health and lawyer greed. Good luck to everyone I’ll pray for everyone and ask Jesus for his blessings.

  31. As individuals we are all getting no results,We need to group together some how. one lawyer for all of us on this page. what lawer are you using. too many lawyers equals small amounts of money for them. thats why there dragging there feet.i personally want to see someone go to jail for murder.money wont bring my dad back. IM NOT GIVING UP !!!!!!!!!!!!!!!!!!!!!!

  32. Does anyone have any updates on their case. Please share any info you have. My lawyers will not return my calls. My lawsuit on my fathers death case was filed 4 years this month. thanks and good luck

  33. There has already been alot of these lawsuits settled.Mine and my sisters settled last November,I know of about 100 cases have settled.I don’t know who your lawyers are but ours always return our calls the same day we call them.Our mother died in Dec,2007 and ours was filed in May of 2009.As I have said before on here don’t think you are going to get a whole lot of money,because no one but the lawyers get a whole lot of it,these lawsuits are paying out very small amounts for wrongful deaths.Its like they don’t care.If you will go up and read some of my comments you will understand what is going on.You eather take what they offer or get nothing.Good luck and keep trying to talk to your lawyer.I hope you keep posting this site.

  34. Thanks for the info Katherine. My father died in Dec.07 also and my lawyers are a big firm in chicago and case is a state case

  35. My sister died because of heparin, I hired lawyers years ago and was told it is not a class action and would be indiviual lawsuits. Got my papers in the mail today 7/21/12 (sat) says it settled a class action and I have to sign and noterized by in in their office 7/31/12.. so no time to think. offering 350,000 divided by 35 people and something will decide how much each will get. I am sure this is before lawyer fees. My sister life and suffering was worth more then that..and states if I dont sign I will be removed from suit.

  36. My fathers case has been in the lawyers hands since 2008. I finally got hold of him week before last and was offered a very small settlement. My father suffer for 9 days. All organs failed and he had open sores and his toes fell off. I do not know what we can post on here without it affecting our case. My lawyer told me that all patients that died were being offered this settlement. I told him no on the settlement because it wasn’t even enough to cover 1/4 of the funeral expenses. He claimed he was going to give it another shot at getting more. I just want to get passed this but I can’t find peace knowing my father was murdered by Baxter. I don’t even know where to go with this from here. I don’t understand why the FDA can’t be sued also because they left this drug on the market for almost a year before even starting the recall process. And the bad part is China is still in business today. Lost and very tired of being put off by my own lawyer who agreed to take our case in the first place. He said our case was solid and I father did receive the contaminated Heparin but they are argruing that other factors came into play in his death. Don’t know what to do at this point.

  37. My husband has been on dialysis since 2008 both in center and home. his feet have been slowly going numb along with stinging in the arm. We were told by several doctors that this is “Normal” for dialysis patients. He use to work and now he cant because he cant walk very good now so he is disabled and we are down to 1 income now.

  38. This is to JOYCE from August 2012.
    Joyce, I totally understand what you are saying on here. I am going through the very same thing. My wife passed in Dec. 2007 and I’m still waiting for closure on all of this. They came to me with a very awkward settlement offer that made no sense and did not really tell you what the actual offer was. They were assigning each case into 4 classifications and then an “administrator” is supposed to look over each case and make a determination on what each case is entitled….
    I personally think this is shady and it did not answer any questions…
    I have been trying for 3 months to contact the Attorney handling my case, only to get silence in return…. I hope that you hear something soon… Heck, I hope that for all of us as well… My wife was 39 when she passed and our 6 children miss her badly… We did NOT ask for Baxter to kill her at Christmas 2007.

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