$50 MILLION CLASS ACTION SETTLEMENT

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“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

$50 MILLION CLASS ACTION SETTLEMENT

A class action was successfully pursued against a pharmaceutical company for its failure to properly label its medication with a warning indicating an increased chance of developing cancer.

General Class Action Information

What Are Class Action Lawsuits?

Class action lawsuits are a legal procedure that allows a large group of people with similar grievances against a corporation or large institution to file a lawsuit together. Instead of each individual filing a separate lawsuit, class action lawsuit attorneys file the lawsuit on behalf of the larger group. This large group is known as the “class”.

Class actions are designed to provide a more efficient way for individuals who have suffered harm to seek justice. Instead of filing a single lawsuit, taking collective action makes it more feasible to pursue legal action against a powerful defendant. Class actions are often filed because of consumer fraud and false advertising. If you’ve suffered an injury as a result of improperly labeled medication, give me a call today. With strength in numbers, we can work to file a class action lawsuit to make those responsible for harming you, pay! Corporations should never put greed ahead of consumer safety.

How To Join A Class Action Lawsuit

Eligibility determination

Specific injury criteria are established for every class action suit. For instance, if you were exposed to harmful chemicals and were stricken with bladder cancer, it does not automatically mean you can be a class action member. The criteria for the example above may only compensation individuals who suffer from pancreatic and lung cancer. If you believe your injury or illness qualifies you as a member of a class action lawsuit, call me! We can meet anytime and any place to discuss your claim and determine your eligibility. If you are eligible to join the lawsuit as a class member, I will walk you step by step through the legal process to ensure you are properly compensated.

Stay informed

It is very important to stay informed about class action claims by routinely checking for class action case updates. Claims against large companies do not settle overnight. There may be new information about the class actions, months or years after first learning of the lawsuit. I will always keep you abreast of the case.

File a claim (if required)

Some class action settlements may require you to file a claim to receive compensation. If a claim is required, make sure to submit it before the deadline or you will be ineligible. Class action lawsuits are complex, and your chances for compensation are best when working with an experience class action attorney, such as myself. You shouldn’t go this alone!

Await the outcome

If you meet eligibility requirements and have joined the lawsuit, you must await the outcome. If the class action lawsuit against the defendant is successful, you will be entitled to compensation. All eligible class members will be compensated, however the compensation amount may vary.

How Are Class Action Lawsuits Paid Out

Class action lawsuits are typically settled by the defendant company paying out a settlement amount to the members of the class. This happens after a settlement agreement is submitted to the court for preliminary approval. Class members typically receive payment about six to nine months later. The payment to each class member depends on various factors, such as the number of members in the class. Also determined will be the extent of their damages, the terms of the settlement agreement, and other factors.

Pharmaceutical Class Action Lawsuits

There have been several successful class action lawsuits against pharmaceutical companies in recent years. Here are some examples:

-GlaxoSmithKline

In Grair v. GlaxoSmithKline, a lawsuit was filed against the pharmaceutical company alleging that it had failed to properly warn consumers about the risks of its antidepressant medication, Paxil. The plaintiff in the case claimed that she had suffered serious injuries as a result of taking the drug. The class action lawsuit was ultimately settled when the pharmaceutical company agreed to pay $1.5 billion in criminal fines and civil settlements.

-Abbott Laboratories

In D.W.K. v. Abbott Labs, a class action lawsuit was filed against the pharmaceutical company alleging that it had failed to properly warn consumers about the risks of its epilepsy medication, Depakote. The plaintiffs in the case claimed that the drug caused birth defects and their children were harmed. The company ultimately settled for $1.6 billion.

-Natrecor

In USA v. Scios, Inc., a lawsuit was filed against the pharmaceutical company alleging that it had engaged in off-label marketing of its heart failure drug, Natrecor. The government claimed that the company had encouraged doctors to use the drug in ways that were not approved by the FDA. The case was ultimately settled for $32 million..

Effects Of Mislabeling Drugs

Mislabeling of drugs by a pharmaceutical company can have serious consequences for patients who take those drugs. As an attorney with more than 40 years of experience in class action cases, I can help you! Call me to discuss your class action injury claim.

Adverse reactions

If a patient takes a mislabeled drug, they may experience adverse reactions or side effects that can be harmful or even life-threatening. The FDA notes that a side effect is considered serious if it results in hospitalization, disability, permanent damage and death.

Delayed treatment

While a mislabeled drug can cause adverse reactions or side effects, it ultimately may cause a delay in the proper and necessary treatment for the patient’s specific condition. This can have serious consequences for patients who need prompt medical attention.

Lack of efficacy

In some cases, a mislabeled drug may not work as intended, leading to a lack of efficacy in treating the patient’s condition. This can result in prolonged illness or even worsening of the patient’s condition.

Adverse Reactions To Mislabeled Drugs

Allergic reactions

Patients may experience allergic reactions to mislabeled drugs, which can range from mild rashes to more severe symptoms like difficulty breathing or anaphylaxis.

Toxic effects

Mislabeled drugs may contain higher than intended amounts of active ingredients, leading to toxic side effects like kidney damage and liver damage. It can even result in nerve injury that may impair vision or hearing.

Drug interactions

Mislabeled drugs may interact with other medications the patient is taking, leading to adverse reactions or unexpected side effects.

Other adverse effects

Patients may experience other adverse effects from mislabeled drugs, such as anemia, low white blood cell count, or bleeding.

It is extremely important for medications to be labeled correctly for dosage and active ingredients. Improperly labeled medications can have devastating results. If you suspect this has happened to you or someone you love, you need to call me today. I’ll Make Them Pay!®

Why Medication Could Increase Risk Of Cancer

Here are five possible reasons why a medication may increase someone’s risk of cancer:

  1. Disruption of DNA replication: Some medications can interfere with the replication and repair of DNA, which can increase the risk of genetic mutations that can lead to cancer.
  2. Suppression of the immune system: Certain medications can suppress the immune system, which can increase the risk of infections and the development of cancer. This is particularly true for people who take immunosuppressive medications for autoimmune disorders or after an organ transplant.
  3. Hormonal effects: Some medications, particularly those that affect the hormones, can increase the risk of certain types of cancer. For example, some hormonal therapies used for breast or prostate cancer can increase the risk of other types of cancer.
  4. Direct carcinogenic effects: There are medications that have been found to have direct carcinogenic effects, meaning that they can cause cancer. This is particularly true for some chemotherapy drugs.
  5. Prolonged use: Taking certain medications can increase the risk of cancer if used for a prolonged period of time. Most often, those that are used for chronic conditions, such as some anti-inflammatory drugs.

It’s important to note that the association between a medication and increased risk of cancer may depend on several factors. These include the patient’s medical history, age, and other medications they may be taking.

Class Action Lawsuit Attorney

When a pharmaceutical company focuses more on economic returns than the care their patients deserve, people suffer. In such cases, collective action needs to be taken to remind drug makers of what is most important – the health of the people. For more than 40 years as an attorney, I have made it my mission to act in the best interests of my clients to ensure they are properly compensated for their injuries. Purposely mislabeling drugs that hurt people instead of helping them must end. If you have a potential claim, give me a call and I’ll Make Them Pay!®

Krystle Banks
Krystle Banks
14:32 20 Sep 23
Christine Filippelli
Christine Filippelli
01:55 18 May 23
DeAndre Merritt
DeAndre Merritt
06:58 23 Mar 23
Jake Ferri
Jake Ferri
23:46 01 Aug 22
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.read more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God Bless.read more
C M V
C M V
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.read more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.read more
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.read more
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.read more
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.read more
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.read more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.read more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.read more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.read more
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim... Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!read more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.