Dangerous Drugs & Medical Devices, Personal Injury, Product Liability, Consumer Litigation, Mass Tort & Class Action, Business & Commercial Litigation, Employment Law, Sexual Abuse, Assault, and Harassment.
March 2021 E-News
Cincinnati Magazine
Recognizes Shareholder Janet Abaray
Janet Abaray is featured in the March issue of Cincinnati Magazine in the "Women Who Move Cincinnati" section. Ms. Abaray is the managing shareholder for the Cincinnati office of Burg Simpson Eldredge Hersh & Jardine, and has litigated extensively in the area of pharmaceutical products liability. She also represents plaintiffs in insurance and contract disputes.  Ms. Abaray has been selected by members of the national legal community as one of the Best Lawyers in America for Mass Tort Litigation every year since 2011, and was named "Lawyer of the Year" for Personal Injury Litigation - Plaintiffs - in Cincinnati for 2020 and Mass Tort Litigation/ Class Actions - Plaintiffs for 2021.

Burg Simpson Congratulates Janet Abaray!
Prescription Drug Elmiron
Linked To Serious Eye Damage
Burg Simpson is representing clients who have suffered eye damage from long-term use of Elmiron (pentosan polysulfate sodium). Elmiron, approved by the FDA in 1996, is prescribed for the treatment of painful bladder syndrome or interstitial cystitis (IC). Recent scientific studies have recognized a causal link between the use of Elmiron and damage to the retina, referred to as pigmentary maculopathy. The retina is the part of the eye that senses light and is critical to sight. Some of the most common symptoms reported by Elmiron users include difficulty reading, difficulty adjusting to dim light, difficulty seeing at night, and blurred vision. Further testing by an ophthalmologist or retina specialist can confirm whether Elmiron has damaged the retina. 

Burg Simpson’s attorneys have decades of experience representing clients injured by defective prescription drugs. 

Read more about the Elmiron litigation here.
Shareholder Melanie Bailey
Appointed to Elmiron Steering Committee
Burg Simpson shareholder Melanie S. Bailey was recently appointed by federal district Judge Brian R. Martinotti to help lead multidistrict litigation (MDL) against Janssen Pharmaceuticals. Ms. Bailey will serve on the Elmiron MDL Plaintiffs’ Steering Committee (PSC) and help advance the centralized litigation on behalf of all plaintiffs. The Elmiron lawsuits, centralized in the District of New Jersey, allege plaintiffs suffered retinal injuries, most notably atypical or pigmentary maculopathy, after taking Elmiron for the treatment of a chronic bladder condition known as interstitial cystitis. Although first approved by the FDA in 1996, Janssen did not warn of pigmentary changes in the retina associated with the use of Elmiron until June 2020 when it updated the label for the prescription drug. Ms. Bailey is looking forward to serving in a leadership role with a diverse and talented group of attorneys to pursue this litigation on behalf of clients and consumers who suffered injuries from Elmiron.  

Burg Simpson shareholder Melanie Bailey practices in the areas of complex civil litigation, pharmaceutical and general products liability, multi-district litigation, personal injury, wrongful death, and class action litigation. During her tenure at Burg Simpson, Ms. Bailey has also devoted time to working on pharmaceutical cases, such as Ortho Evra, contaminated Heparin, Yasmin/Yaz, and Depakote. She has litigated several product liability cases for defective medical devices, such as hip replacements and knee replacements. Melanie is currently handling a class action lawsuit against Ambetter Insurance and is investigating consumer-based claims regarding multiple complaints about the insufficiency of their insurance plans. Melanie is a highly-skilled attorney and a strong advocate for her clients who fights to maximize financial recoveries and secure the best possible outcome to their legal matters.

BURG SIMPSON ELDREDGE HERSH & JARDINE P.C. | 800. 713 -9340 / 513. 852- 5600

Cincinnati | Denver | Phoenix | Cody | Sarasota | Tampa | Albuquerque | Las Vegas


More than $1 Billion in Recoveries for Our Clients