Babbitt, Johnson, Osborne & Le Clainche, P.A., was the first law firm in Palm Beach County to win a million-dollar verdict – and ever since, we’ve been handling, and prevailing in, some of the most challenging and sophisticated legal matters in the state of Florida.
Helping our clients overcome the harm they have suffered isn’t just our goal – it’s our business. Since opening our doors four decades ago, we have recovered numerous multimillion-dollar verdicts and settlements in catastrophic injury, product liability, SUV rollovers, and other mass tort and negligence matters. But just as importantly, our work in the courtroom and at the negotiation table has helped bring about changes – changes that ensure that the negligence and mistakes that happened once won’t happen again. Because we know that this is part of recovery, too.
Our trial lawyers are among the most respected members of their profession, and their community. Three of our partners are board certified in civil trial law – a qualification given to only 2 percent of lawyers in Florida. We’ve been listed in The Best Lawyers in America – some of our partners for two decades - and are members of highly selective, invitation-only trial lawyers groups, such as the Inner Circle of Advocates, the International Academy of Trial Lawyers, and The American College of Trial Lawyers. In fact, one of our partners, Theodore Babbitt, is among the few trial attorneys in the country who is a member of all three esteemed organizations.
Over the years, the media has written about the cutting-edge cases we’ve taken on, and the significant wins we’ve achieved. Feel free to search our newsroom to learn more about our firm, and its long history of advocacy – and success.
|
|
Reglan/Metoclopromide Litigation |
|
|
|
|
On February 25, 2009, the FDA declared that companies selling metoclopromide-containing drugs, such as Reglan, must include a “Black Box” warning on the outer packaging of their product. This required warning states that prolonged or high-dose use of the drug metoclopromide, puts an individual at an increased risk of developing the disease Tardive Dyskinesia. Previously, companies selling products containing metoclopromide only included a small warning on the label of their product, listing Tardive Dyskinesia as a possible, but rare side effect.
Metoclopromide is a dopamine receptor antagonist, which stops the relaxation of stomach muscles. This, in turn, increases muscle contractions in the upper Gastrointestinal tract (GI tract). After all other treatment options have failed, metoclopromide is often prescribed to treat diabetic gastroparesis, gastroesophageal relux disease (GERD), nausea, vomiting, and persistent heart burn. Today, over two million people take metoclopromide, which can be a relatively safe and effective drug when taken in moderation. However, individuals taking large doses of metoclopromide or those taking the drug for more than 90 days are at high risk of developing Tardive Dyskinesia.
Tardive Dyskinesia is a life altering disease. It affects people physically, mentally, socially, emotionally, and vocationally. Symptoms include: puffing out of cheeks; puckering of the mouth; grimacing; chewing movements; smacking your lips; uncontrolled blinking; and other involuntary, repetitive, tic-like movements of the facial muscles, finger, limbs, or torso. Once Tardive Dyskinesia is acquired, it is rarely reversible. Occasionally, symptoms lessen after a person has stopped taking metoclopromide; however, most individuals continue to feel the full effects of the disease for the rest of their lives.
If you or a loved one has Tardive Dyskinesia due to metoclopromide-containing drugs, please contact the law firm of Babbitt, Johnson, Osborne, & Leclainche as soon as possible for your free consultation and client review. The harm metoclopromide-containing drugs have caused, due to improper warnings, should not go unanswered. Babbitt, Johnson, Osborne, & Leclainche has been litigating some of the most complicated pharmaceutical matters to be seen in the State of Florida for the last four decades. Babbitt, Johnson, Osborne & Leclainche doesn’t just seek compensation; It seeks accountability. And most importantly, for the last 40 years, it’s been getting it. |
|
|
Since the “Deepwater Horizon” oil rig burst into flames on April 20, 2010, an estimated 1.47 to 2.5 million gallons of oil have been spewing into the Gulf of Mexico each day. The latest estimates also suggest that the total amount of oil spilled into the Gulf of Mexico has reached approximately 79 to 144 million gallons. This is 8 times the amount of oil spilled in the infamous Exxon Valdez accident, making the BP oil spill the largest in U.S. history. Moreover, the relief well, which BP believes could bring an end to the disaster, is not expected to be completed until August. This means that even the most optimistic reports have the oil catastrophe continuing till the end of the summer.
Before the BP Oil Spill, the Gulf Coast was considered the number one destination for Americans that fish, swim, dive, and otherwise enjoy the areas beaches, coastal wetlands, and shores. Today, tourists and frequent visitors are avoiding the region due to the devastating effects the oil has had on the area’s wildlife, beaches, and coastlines. It is estimated that the region will suffer no less than 4 billion dollars of economic loss as a result of the oil spill. Businesses in Florida, Alabama, Mississippi, and Louisiana, dependent on tourism and/or the environment, are suffering immense financial losses and property damage.
Since April 20, 2010, it has become increasingly clear that the BP oil disaster could have been avoided. The oil spill occurred due to BP’s blatant disregard for safety. From the beginning, the company had admitted that the Macondo Oil Well presented “very large abnormalities;” nonetheless, BP rushed to finish the job at the expense of safety precautions. In fact, BP has a long history of willfully committing safety violations in order to cut down on costs. BP’s negligent actions have brought immeasurable damage to the environment and the American people, and according the Oil Pollution Act of 1990, BP is 100% responsible for doing everything in their power to fix the disaster they have caused.
On June, 16, 2010, President Obama announced that BP Oil agreed to set aside 20 billion dollars for victims of economic loss. However, businesses are rightfully concerned over the possibility that BP Oil will attempt to negotiate unfair terms of loss and payments in an attempt to minimize their own corporate losses. In order to prevent unfair settlements, Babbitt, Johnson, Osborne, & Leclainche is now accepting cases against BP Oil. Babbitt, Johnson, Osborne, & Leclainche believes that BP should be held accountable for their negligent, selfish actions and that just compensation should be rewarded to those who have suffered. |
|
|
Avandia leads to significant health problems and, in some cases, death. |
|
|
|
|
Avandia is an oral antidiabetic agent that is produced by the pharmaceutical company, GlaxoSmithKline (GSK). The Food and Drug Administration (FDA) first approved Avandia as an effective medication for Adults with type II diabetes in 1999. Known side effects of the drug include congestive heart failure, myocardial ischemic, heart attack, liver toxicity or failure, and stroke.
In June 2001, the FDA requested that GSK stop distributing misleading informational material, which minimized the alleged risks of taking Avandia. Despite the FDA’s rising concern, by 2006, nearly 4 million Americans were taking the medication as treatment for type II diabetes. Then, in 2007, the FDA completed an eye-opening study, which stated that Avandia increased an individual’s risk of having a heart attack by 43%, and increased an individual’s risk of dying from general heart disease by 64%. It became clear that Avandia was not fulfilling its marketed role as an effective medication with little risk of serious side effects.
The label of prescription medications is supposed to give a comprehensive review of all the risks associated with taking a drug. GSK, however, failed to fully disclose information concerning the severe side effects linked to Avandia. In fact, GSK withheld information regarding a study they performed that highlighted the increased risk of heart attacks associated with Avandia. The company chose large profit margins over the well being of their consumer, and deserves to be held accountable for its irresponsible actions. |
|
|
Yaz, Yazmin, and Ocella are combination birth control pills, which contain the synthetic hormones drospirenone (drsp) and ethinyl estradiol. The drugs were approved by the FDA in the spring of 2006 for pregnancy prevention, treatment of moderate acne, and for the treatment of Premenstrual Dysphoric Disorder (PMDD). Yaz, Yazmin, and Ocella are the only birth control pills on the market that contain drospirenone, a synthetic progesterone. Because of this, many people are beginning to link drospirenone with the life-threatening side effects associated with the drugs. These side effects include: blood clots, heart attacks, strokes, gall bladder disease, and pancreatitis.
In October 2008, the Food and Drug Administration (FDA) sent a warning letter to Bayer Pharmaceuticals, the manufacturer of Yaz, concerning two of its Yaz birth control commercials. The FDA stated that these commercials were misleading because they stressed the benefits of the drug, while downplaying its negative side effects. In addition, the FDA was especially concerned with the distracting movements and music, which occur during the presentation of the drug’s severe side effects. These distractions made it increasingly difficult for an individual to process the seriousness of the life-threatening side effects mentioned.
Bayer Pharmaceuticals has failed to adequately warn its consumers and the medical community about the potential risks associated with Yaz. The company has willfully ignored the correlation between Yaz and potential life-threatening side effects. Above all, the company has aggressively marketed the drug, despite the risks mentioned above, in order to maximize corporate profits at the expense of their consumers’ well being and health. |
|
|
Trasylol Settlement with Bayer Pharmaceutical for $9.475 million |
|
|
|
|
Babbitt, Johnson, Osborne, & Leclainche was appointed to the Plaintiffs Steering Committee for the Trasylol Multidistrict Litigation in West Palm Beach, Fl. Trasylol, a drug used to limit bleeding during heart surgery, was marketed by Bayer Pharmaceuticals as a safe and effective medication. In 2006, after the drug had been on the market for nearly twelve years and was used in approximately one-third of heart operations in America, a study performed by Doctor Dennis Mangano indicated that the use of Trasylol had serious side effects. These included kidney damage, kidney failure, and even death. Bayer took little notice of Dr. Mangano's findings and continued to sell the drug for another two years, until, the FDA urged that Trasylol be withdrawn from the market in November 2007. In this two year period, Trasylol was found to be the cause of approximately 22,000 deaths and numerous catastrophic injuries. Through aggressive advocacy, and most importantly, unparalleled dedication and support for its clients, the law firm of Babbitt, Johnson, Osborne, & Leclainche is pleased to announce a settlement of $9.475 million with Bayer to resolve its Trasylol claims |
|
|
In June 2010, BJOL associates, Rebecca L. Larson and Michael R. Santana, obtained a $6,000,000.00 verdict on behalf of the parents of a 16 year old young woman who died prematurely in a tragic single car crash caused by the negligence and recklessness of the Defendant driver. |
|
|
BJOL partner, Joseph R. Johnson, and associate, Michael R. Santana, obtained a verdict in excess of |
|
|
|
|
In February 2010, BJOL partner, Joseph R. Johnson, and associate, Michael R. Santana, obtained a verdict in excess of $240,000.000 on behalf of a client who was run off I-95 by a tractor trailer and then fled the crash scene. The client suffered significant injuries. The verdict was a great success following the defendant insurance company’s $100.00 pre-trial offer. |
|
|
Top lawyer seeks answers on cancers, tumors near Acreage site |
|
|
|
|
July 31, 2009 – Attorney Rebecca Larson, who worked at the side of legendary lawyer Bob Montgomery, wants answers in the Acreage. For the first time, a top lawyer has joined the quest to determine whether there is indeed an industrial culprit in what many believe is an extraordinary number of tumors and cancers in the community of about 50,000 in northern Palm Beach County.
"I have a concern that Pratt Whitney may be involved in this...There is a long history of Pratt Whitney spilling, dumping toxins that contain carcinogens...I have no proof at this juncture but I have concern in that regard.”
|
|
|
Four BJOL lawyers named Florida Super Lawyer |
|
|
|
|
July 10, 2009 - Four lawyers at West Palm Beach plaintiff's trial law firm Babbitt, Johnson, Osborne & Le Clainche, P.A., have been selected by their peers as among the top lawyers in the state by Florida Super Lawyers magazine.
Name partners Theodore Babbitt and Joseph Johnson and member Rebecca Larson were among the less than 5 percent of lawyers in the state selected through ballots sent to lawyers throughout Florida. Name Partner Stephan Le Clainche was listed in the "Star Search" category for notable achievement. |
|
Read more...
|
|
|
Abusive mom’s foster children sue City of New York |
|
|
|
|
Palm Beach Post
April 30, 2009 - With his adoptive mother preparing to serve more than two decades in prison, 18-year-old Ray no longer has to endure the severe abuse that plagued and defined his childhood
Yet after being confined with nine other mentally-challenged children for nearly his entire life, shackled to others, beaten at his mother's will, eating nothing but peanut butter and jelly sandwiches and never seeing the sunlight, having Judith Leekin locked away in prison won't be enough to rehabilitate Ray.
"I was abused, my brothers and sisters were abused, and I felt like I was nothing after I left the house," said Ray, whose last name was withheld, during a news conference at the law office of Ted Babbitt.
"That's why Babbitt and co-counsel Howard Talenfeld of Fort Lauderdale sued, saying the City of New York should provide the victims with everything from neurological and medical care to lifetime behavioral counseling, years of adult education, vocational training and life skills coaching. |
|
Read more...
|
|
|
Raped former employee settles with Everglades Club |
|
|
|
|
Palm Beach Daily News
May 1, 2009 — A former Everglades Club employee who was raped in her dormitory room settled her lawsuit against the club.
Melissa Legare sued the club, claiming negligence in its hiring practices and lax security created conditions that led to her rape.
A three-week trial was scheduled to begin Monday and could have revealed secretive inner workings and practices of the exclusive club on Worth Avenue.
Legare's attorney, Ted Babbitt, and Lyman Reynolds, who represents the club, said they could not comment because the terms of the settlement are confidential.
|
|
Read more...
|
|
|
Florida hospitals not eager to report bad doctors, study says |
|
|
|
|
Miami Herald
May 29, 2009 - Half of Florida's hospitals didn't find a single doctor problem during a 17-year stretch. Experts say that indicates... Half of Florida's hospitals didn't find a single doctor problem during a 17-year stretch. Experts say that indicates lax reporting.
Almost half of the hospitals in Florida never reported having a problem with any doctor over a 17-year period, according to a report released Thursday.
Public Citizen, a Washington watchdog group, said 105 of 227 Florida hospitals -- 46.3 percent -- had never filed a complaint from 1990 through 2007 with the National Practitioner Data Bank, the federal group that keeps track of problem doctors nationwide.
Ted Babbitt, a West Palm Beach plaintiffs' lawyer, said he wasn't surprised by the findings. ``In my experience, hospitals never report doctors. They just allow them to resign.''
Babbitt said a new state law, intended to provide the public with more information, has made hospitals even more cautious. ``They just put nothing in writing.''
|
|
Read more...
|
|
|
Saturday, July 31, 2010