NuvaRing Settlement Plan In the works

February 5, 2012

The litigants in the federal NuvaRing litigation are scheduled to meet with the Court to discuss a plan to settle the lawsuits filed by women who allege that they suffered serious blood clot injuries from side effects of NuvaRing birth control.

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All NuvaRing lawsuits filed in federal district courts are consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation, which is centralized before U.S. District Judge Rodney W. Sippel in the U.S. District Court for the Eastern District of Missouri.

NuvaRing is a ring birth control device that releases a combination of etonogestrel and ethinyl estradiol and is inserted into the vagina once a month.

The complaints all involve similar allegations that Merck and their Organon Pharmaceuticals subsidiary failed to properly research the birth control ring or adequately warn about the risk of blood clots from NuvaRing.

Plaintiffs claim that they have suffered injuries after taking NuvaRing birth control, including deep vein thrombosis (DVT), pulmonary embolism, heart attacks and strokes.

Following a status conference last week, the Court issued an Order that directed the parties to be prepared to discuss a preliminary plan for alternative dispute resolution at hearing set for February 28.

In January the Court ordered the attorneys to submit proposed plans for alternative dispute resolution, which would be designed to assist the parties in negotiating a potential NuvaRing settlement agreement.

While attorneys for the plaintiffs submitted a plan that calls for the appointment of a special master to oversee the negotiations, attorneys for Merck and Organon have suggested that it is premature to consider such efforts.

The parties are currently preparing a handful of lawsuits, known as “bellwether” cases, for early trial dates. The cases are designed to help the parties gauge how juries are likely to respond to certain evidence that will be introduced throughout other cases in the litigation. In complex pharmaceutical litigation, the results of such trials often factor heavily into settlement negotiations.

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Pfizer Knew of Risk of Zoloft Congenital Birth Defects

February 4, 2012

Plaintiffs from Louisiana have filed a lawsuit against Pfizer that alleges the drug maker intentionally hid the link between their popular antidepressant Zoloft and congenital birth defects when the drug is taken by pregnant women.

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The two Zoloft birth defect lawsuits were filed in January in the U.S. District Court for the Eastern District of Louisiana by Terry and Nelda Rolling and Joseph and Meg Mitchell.

The complaints involve children born with congenital birth defects after the mother’s use of Zoloft during pregnancy.

Many families have filed a similar Zoloft lawsuit against the drug maker, with allegations that use of the antidepressant during pregnancy caused children to be born with a variety of birth defects and malformations.

Zoloft (sertraline) was introduced by Pfizer in 1991 for the treatment of depression, obsessive-compulsive disorder and anxiety. By 2007 there were nearly 30 million prescriptions, making it the most prescribed antidepressant in the United States. Zoloft belongs to a class of drugs known as selective serotonin reuptake inhibitors (SSRIs).

In recent years, medical research and adverse event reports have indicated that side effects of Zoloft use during pregnancy may increase the risk of serious and potentially life-threatening health problems, including persistent pulmonary hypertension in newborns (PPHN), spina bifida, heart defects, lung defects, abdominal defects and cranial defects.

Studies have suggested that Zoloft may increase the risk of birth defects when used as early as the first trimester of pregnancy, a time when many women do not even know they are pregnant.

Recently, Swedish researchers published a study suggesting a link between PPHN and all SSRI antidepressants.

The lawsuits allege that data was available to Pfizer as early as 1996 that suggested their SSRI antidepressant may increase the risk of problems for children when taken during pregnancy, yet the drug maker failed to provide adequate warnings to consumers or the medical community.

By 2007, the lawsuits claim, Pfizer knew or should have known that Zoloft and other SSRIs doubled the risk of septal heart defects when taken by pregnant women due to another New England Journal of Medicine study that year. Those results were confirmed in a 2009 study.

The lawsuits allege that Pfizer willfully failed to warn consumers of the risks in order to maximize profits, resulting in a negligent breach in its duties to the medical community, users of their medication and their unborn children.

Fentanyl Patch Wrongful Death Lawsuit

February 3, 2012

A wrongful death lawsuit has been filed against ALZA Corporation by the family of a Utah woman who died in 2010, after using one of the company’s fentanyl pain patches.

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The fentanyl patch lawsuit was filed by the family of Janine Ward last month in Salt Lake City’s 3rd District Court. The complaint names ALZA Corporation, a subsidiary of Johnson & Johnson, as a defendant.

According to the claim, the fentanyl patch, also known as a transdermal patch, was defectively designed and leaked fentanyl gel when applied to Janine Ward’s skin.

Johnson & Johnson, ALZA’s parent company, first developed the first pain patch as the Duragesic patch in 1994. Since it was introduced, the fentanyl patch has been associated with manufactured problems and many wrongful death lawsuits filed by families of individuals who overdosed on fentanyl.

Fentanyl is a painkiller about 100 times more powerful than morphine, and poses a severe risk of overdose and death if the gel contained within the patch leaks out and comes into direct contact with the skin of patient or caregiver.

The gel in the patch is supposed to be contained and delivered in a regulated fashion through a membrane placed on the skin. Over the last several years the FDA has received hundreds of reports of fentanyl overdoses and deaths associated with the use of fentanyl pain patches.

In many of the cases, too much of the fentanyl was delivered through the skin due to manufacturing defects. There have been a number of fentanyl patch recalls due to defective manufacturing.

According to Ward’s family, that is what s killed her in May 2010 after using one of the patches. A toxicology report found she had lethal levels of fentanyl in her blood at the time of death.

The lawsuit claims that ALZA used a reservoir design that failed to protect Ward from a potential overdose. According to the complaint, the death may have been avoided if ALZA had used a much safer matrix design; technology the plaintiffs say was known to the company.

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Biomet Hip Replacement Lawsuit Failed M2A Magnum Implant

February 2, 2012

A Texas plaintiff has filed a federal complaint against Biomet Orthopedics over problems with their M2A Magnum metal-on-metal hip replacement system, which she says failed shortly after being implanted.

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The complaint was filed by Carol St. Cyr in January, alleging that the Biomet M2A Magnum hip replacement she received was defectively designed and manufactured.

According to allegations raised in the product liability lawsuit, the metal head and acetabular cup of the Biomet hip replacement grindr against each other, causing premature failure and leading to metal blood poisoning from cobalt and chromium fragments; a condition known as metallosis.

St. Cyr, 69, received the Biomet M2A Magnum hip replacement in May 2009. Shortly afterwards, she began to suffer groin and hip pain, problems walking, sitting and standing, inflammation and other complications.

According to experts, as the metal hip replacement parts rub against each other, microscopic particles of cobalt and chromium may be shed into the body, which can result in metal poisoning. This may result in soft tissue damage, inflammatory reactions, bone loss, asceptic fibrosis, local necrosis and other problems that may lead to the need for a risky hip revision surgery.

Concerns about the safety of all-metal implants increased in 2010, after a DePuy ASR metal hip recall was issued due to higher-than-expected failure rates. More than 90,000 of the recalled implants were sold worldwide before the problems were acknowledged by the manufacturer, and hundreds of individuals in the United States have filed a DePuy ASR hip lawsuitafter experiencing complications with the implant.

In addition to DePuy and Biomet, a number of other artificial hip manufacturers also make all-metal implants, which have also been the subject of similar product liability lawsuits.

In May 2011, the FDA asked device manufacturers to obtain more information about the level at which the metal particles shed by hip replacements becomes dangerous, how much metal they actually shed and what the potential side effects of metallosis are.

Win for J&J in Levaquin Lawsuit Over Ruptured Achilles Tendons

January 28, 2012

The plaintiff lost the trial of a Levaquin lawsuit. The man suffered two ruptured Achilles tendons after taking the popular antibiotic.

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The jury determined that the drug maker failed to adequately warn consumers and doctors of the risk of tendon damage from side effects of Levaquin.

A Minneapolis jury ruled that Johnson & Johnson failed to provide sufficient warnings about the risk of Levaquin tendon ruptures, but found that the company was not responsible for injuries suffered by the 78 year old plaintiff.

Clifford Straka could not prove that his injuries were caused by the antibiotic.

According to the lawsuit, Straka’s doctor had been unaware of the risk of tendon ruptures when she prescribed Levaquin because there was not adequate label warning.

Although there has been information about the potential risk of tendon damage on the drug’s label since it was first approved by the FDA in 1996, Straka alleged that those warnings were insufficient and that the drug maker actively attempted to downplay the risk for years.

FDA Black Box Warning

In July 2008, the FDA required that a “black box” warning be added about the side effects of Levaquin and other similar antibiotics, which is the strongest warning that can be placed on a prescription medication.

3,700 Lawsuits Still Pending

Straka is one of more than 3,700 people who are pursuing a lawsuit over tendon damage from Levaquin. All of the federal cases have been consolidated as part of an MDL, or multidistrict litigation, which is centralized in U.S. District Court for the District of Minnesota.

This trial was considered a “bellwether”, as the parties were using the results to gauge how juries are likely to respond to similar evidence in other cases and possibly help the parties reach a Levaquin settlement agreement.

This is the third straight trial win for Johnson & Johnson and the fourth to go to trial.

In December 2010, the first trial ended in a $1.8 million award for the plaintiff, including punitive damages to punish the drug maker for their conduct.

The drug maker successfully defended the second trial, which ended in June 2011, and the third trial, which ended in October.

The first two trials were held in federal court. The third trial was held in New Jersey state court, where about 1,900 of the cases are currently pending.

J&J Denies Levaquin Tendon Rupture liability

January 27, 2012

According to a Johnson & Johnson lawyer, J&J properly warned of the risks of its antibiotic Levaquin and shouldn’t be held liable for tendon injuries sustained by a 78-year-old man.

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Clifford Straka, tore two Achilles tendons after taking the drug for pneumonia, sued J&J and its Ortho-McNeil Pharmaceutical unit in 2008. Straka said his doctor wasn’t aware when she prescribed the drug that Levaquin was linked to an increased risk of tendon damage in elderly patients.

Johnson & Johnson denies liability

Johnson & Johnson, has denied any failure to warn and contended that Straka needed Levaquin to treat the pneumonia.

According to Johnson & Johnson, “The label from day one in 1996 was adequate.” “The information was out there and available to the doctors and everyone else.”

Levaquin Lawsuits

The lawsuit is the third federal case to go to trial in Minnesota alleging J&J and its unit, now known as Janssen Pharmaceuticals, downplayed the risks of the antibiotic to boost sales.

J&J lost the first, a jury verdict for $1.8 million in 2010, and won the second last year. The company also won the first state case in October, when a New Jersey jury rejected the claims of two plaintiffs.

Levaquin Tendon Ruptures

J&J is facing more than 3,700 claims involving Levaquin in state and federal courts.

FDA Warning

In 2008, the U.S. Food and Drug Administration required all makers of antibiotics in Levaquin’s class, called fluoroquinolones, to increase warnings about tendon ruptures.

The jury of 7 women and 5 men have begun deliberating.

The case is Straka v. Johnson & Johnson (JNJ), 08-05742, combined for trial in In re Levaquin Products Liability Litigation, 08- md-01943, U.S. District Court, District of Minnesota (Minneapolis).

Generic Fosamax Lawsuits Over Femur Fractures Dismissed

January 25, 2012

Product liability lawsuits against generic drugs are facing a tough uphill battle, which usually ends in dismissal, as exemplified by the Fosamax update below.

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U.S. District Judge Joel A. Pisano, has dismissed claims against Watson Pharmaceuticals, the manufacturer of generic versions of the popular osteoporosis drug. Plaintiffs had alleged that their generic version of Fosamax caused femur fractures to develop suddenly, with little or no trauma at all.

Following a court order on January 17, Watson Pharmaceuticals has been dismissed as a defendant in several Fosamax lawsuits. These were filed by plaintiffs who suffered an atypical femur fracture after taking generic versions of the drug.

Pliva v. Mensing

The order comes as a result of a recent Supreme Court decision in Pliva v. Mensing, which allows generic drug makers to be shielded from liability for failure to warn about harmful or even deadly side effects of medications they make, since FDA regulations require that their products must carry the same warnings as the name-brand versions.

The complaints against Watson raised similar allegations to those that have also been filed against Merck, the manufacturer of the name brand version of the medication.

In these cases, plaintiffs allege that the drug makers failed to adequately research the side effects of Fosamax or provide adequate warnings to consumers of the medical community.

FDA Warnings for Fosamax

In October 2010, the FDA required new warnings about the risk of bone fractures from Fosamax and other similar bisphosphonate medications.

Merck and generic Fosamax makers now warn consumers that they should seek immediate medical attention if they experience new groin pain or thigh pain while taking the drug, which can occur weeks or months before a complete Fosamax thigh bone fracture.

All federal Fosamax lawsuits over femur fractures have been consolidated as part of an MDL, or multidistrict litigation, which is centralized before Judge Garrett E. Brown in the U.S. District Court for the District of New Jersey.

Visit my website for further Fosamax femur fracture information

Defective St. Jude’s Riata Defibrillator Wire Failure

January 24, 2012

According to St. Jude Medical Inc. its Riata defibrillator leads have a higher failure rate than was disclosed when it stopped selling the product.

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Riata has an insulation failure rate of 0.63 percent, more than the 0.47 percent disclosed last December, according to a recent warning letter to doctors.

Extractions of Riata leads were linked to two patient deaths and a serious injury. Devices with the flaw, caused when the insulation surrounding the wires is penetrated, may also fail to deliver electric shocks when needed, the company said.

Different Medical Study Failure Results

Other studies showed higher failure rates. An Irish medical center found 15 percent of patients had wires protruding from the insulation when they underwent fluoroscopic screening, an advanced imaging technique. A German study of 357 patients found 8 percent needed surgery after a failure with a Riata lead. Both sets of researchers recommended closer screening for patients.

What are Pacemaker Leads?

Leads are flexible wires threaded through veins to the heart muscle that help defibrillators deliver jolts of electricity to shock hearts back into rhythm.

Recommendations to handle the defective product?

According to St. Jude, the implications of the insulation failures aren’t clear, and they advise doctors to continue routine monitoring of patients with Riata leads.

The wires shouldn’t be automatically replaced, and there is no consensus on treatment even for patients with damaged leads who aren’t suffering electrical malfunctions.

Fluoroscopic screening recommended

Researchers have urged fluoroscopic screening of patients with the Riata leads, since the complications can trigger shocks when they aren’t needed and failure to administer a shock when the heart stops beating properly.

Defibrillator patients are between a shock and a hard place; they need the device to perform when needed, otherwise they die, but they do not like unnecessary shocks, which is extremely painful.

Pfizer Zoloft Birth Defect Litigation Federal Consolidation

January 23, 2012

Pfizer, the manufacturer of Zoloft, has filed a motion to consolidate all federal Zoloft birth defect lawsuits. Pfizer requested that they be centralized before one judge for pretrial litigation as part of a multidistrict litigation, or MDL.

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On January 18, Pfizer asked the U.S. Judicial Panel on Multidistrict Litigation to create a Zoloft MDL in the U.S. District Court for the Southern District of New York.

Zoloft Birth Defect Lawsuits

A growing number of plaintiffs throughout the country have filed a Zoloft lawsuit against Pfizer, raising similar allegations that use of the antidepressant during pregnancy caused children to be born with a variety of severe birth defects and serious malformations.

New York Federal MDL

According to Pfizer, there are currently at least 59 lawsuits over Zoloft, which involve common claims and questions of fact. Furthermore, according to Pfizer, the Zoloft birth defect litigation should be consolidated to prevent conflicting pretrial rulings, reduce duplicative discovery and to serve the convenience of the parties, the witnesses and the federal court system.

Pfizer has proposed that the federal Zoloft cases should be centralized in New York, near the drug maker’s headquarters, which would provide a central location and easy access to the company’s records and important witnesses.

Pfizer has also offered the Northern and Southern Districts of Mississippi and the Nothern District of Ohio as possible alternate locations.

The majority of the complaints over Zoloft are currently pending in the U.S. District Court for the Eastern District of Pennsylvania, where at least 48 of lawsuits are pending.

Zoloft Indications

Zoloft (sertraline) was released by Pfizer in 1991 for the treatment of depression, obsessive-compulsive disorder and anxiety.

By 2007 there were nearly 30 million prescriptions, making it the most prescribed antidepressant in the United States. Zoloft belongs to a class of drugs known as selective serotonin reuptake inhibitors (SSRIs).

Zoloft Birth Defects

Recently, medical research and adverse event reports have suggested that use of Zoloft during pregnancy may increase the risk of serious and potentially life-threatening health problems for babies. These side effects include persistent pulmonary hypertension in newborns (PPHN), heart defects, lung defects, abdominal defects, cranial defects and other malformations.

Studies have suggested that Zoloft may increase the risk of birth defects when used as early as the first trimester of pregnancy, a time when many women do not even know they are pregnant.

The U.S. Judicial Panel on Multidistrict Litigation is expected to hear oral arguments on the motion during a hearing scheduled to occur on May 31, at the E. Barrett Prettyman U.S. Courthouse in Washington, D.C.

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Spotlight on Novartis Gilenya MS drug - 11 deaths

January 22, 2012

A multiple sclerosis drug made by pharmaceutical giant Novartis is under intense investigation after at least 11 patients taking the medicine died.

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The drug, Gilenya, was licensed in 2010 in the European Union and by the FDA to treat patients with a severe type of multiple sclerosis.

European Medicines Agency Investigating Gilenya

The deaths raise concerns Gilenya could trigger heart problems after patients take their first dose, according to a recent statement issued by the European Medicines Agency. The agency, which is now investigating the drug, said it isn’t clear if it caused the deaths.

One of the deaths was in the U.S., where a patient died within 24 hours of taking the first dose.

The European agency said it didn’t know where the other 10 deaths occurred, but that they were reported to its drug database, which monitors side effects from medicines in the European Union.

FDA Investigating Gilenya

The U.S. Food and Drug Administration said it also is conducting a data analysis but has not made any definitive conclusions and does not know when its review will be complete.

Scope of the problem

More than 30,000 patients have taken Gilenya worldwide. The European Medicines Agency advised doctors to increase their monitoring of patients after the first dose of the medicine. The agency said the risk of a slow heart rate after the first dose of Gilenya was known when it was approved.

Novartis AG said it was advising doctors of new recommendations on using Gilenya. They include continuous heart monitoring during the first six hours after patients take their first dose and measuring their blood pressure and heart rate every hour. This new guidance applies only to patients taking their first dose, Novartis said in a statement.

Gilenya's Prescribing Warning

Gilenya's prescribing information includes a warning about bradycardia (slow heart rate) and/or atrioventricular conduction block (conduction disorder of the nervous impulse in the heart) in the first hours after starting the drug.

Interacting Medications

Due to the fact that Gilenya has been linked with these problems, the FDA also advises close monitoring of patients on certain medications (class Ia or class III antiarrhythmic drugs, beta-blockers, calcium channel blockers), as well as those with a low heart rate, history of syncope (fainting), sick sinus syndrome, second degree or higher conduction block, ischemic heart disease, or heart failure when they start treatment with Gilenya.

The use of Gilenya has not been studied in these patients, who are at an increased risk of slow heart rate. The patient who died was on a beta-blocker (metoprolol) and a calcium channel blocker (amlodipine) - again, both of which are associated with bradycardia and heart blocks.

Stronger Warning Needed?

Although there are recommendations such as obtaining an electrocardiogram on patients at increased risk for cardiac side effects prior to starting the drug and advising patients about the signs and symptoms of bradycardia, there may need to be a stronger warning about patients on medications that could also cause heart rate problems.

Perhaps people on these kind of medications or with certain heart problems should NOT take Gilenya at all. According the the manufacturer, Novartis, this is the first death within 24 hours of taking the first dose of Gilenya out of the 28,000 patients who have been started on the drug.

Stryker Biotech Pleads Guilty

January 21, 2012

As the Band played on, another tale of corporate greed and misdeeds, in the Dark City.

A Stryker Corp. (SYK) unit has pled guilty and will pay a $15 million fine. The medical-device maker was on trial on charges it marketed an unapproved mixture of products for strengthening human bone growth.

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The unit, Stryker Biotech, and three Stryker sales representatives were on trial in federal court in Boston on a 13-count criminal indictment claiming conspiracy and wire fraud.

Stryker Biotech agreed to plead to one misdemeanor count of misbranding a medical device and prosecutors agreed to drop the case against the Massachusetts-based Stryker Biotech.

Dangerous Product Sold to Surgeons

The U.S. prosecutors said Stryker Biotech made $12.5 million by misbranding and selling the bone growth mixture to surgeons over a two-year period.

The U.S. had charged Stryker Biotech with misbranding and its sales force with conspiring to defraud surgeons into combining the company’s OP-1 and OP-1 Putty with the bone filler Calstrux. Some patients suffered adverse side effects and required more surgery.

“That mixture was never studied clinically,” Assistant U.S. Attorney Susan Winkler told the jury in her opening statement on Jan. 12. “They did not know if it worked. They did not know if it was safe, and they marketed it to doctors anyway.”

No FDA Exemption for the Product

The U.S. Food and Drug Administration allowed the company to supply its products under a narrow, provisional humanitarian exemption. The company had no FDA approval for mixing in Calstrux, which was later pulled from the market, the U.S. says. Stryker Biotech tracked 63 adverse events in more than 10,000 procedures involving the bone mixture.

The case is U.S. v. Stryker Biotech LLC, 09-cr-10330, U.S. District Court, District of Massachusetts (Boston).

FDA Blasts DePuy Orthopaedics

January 20, 2012

The FDA is blasting DePuy Orthopaedics, a subsidiary of Johnson & Johnson, over the selling of artificial knee and hip replacement implants without FDA approval.

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The FDA issued a warning letter to DePuy Orthopaedics in December about the regulatory problems, after inspectors visiting a plant in Warsaw, Indiana discovered implants being manufactured there that were never given FDA approval.

The letter, released by the FDA, has forced DePuy to remove 14 different implant components from the market until the issue can be resolved.

DePuy officials told FDA investigators that the components found at the plant were custom devices made for specific patients, and therefore did not have to get premarket approval. The FDA disagreed, saying that none of the devices qualify as custom devices.

According to the FDA, “although the devices’ size and shape may vary with each patient’s anatomy, the standardized design characteristics do not vary among the devices manufactured.” The FDA further stated that “the fact that final specifications are tailored to match a patient’s anatomy does not preclude a clinical study or submission of a marketing application for the devices.”

Not only should the devices not have been sold, but they were manufactured with poor quality control procedures, the FDA warning letter notes. The letter cites the company for using poor design validation procedures, not having a process in place for handling customer complaints and other regulatory violations.

DePuy Orthopaedics was the focus of a major artificial hip system recall in August 2010 when it pulled 93,000 ASR metal hip implants from the market. The ASR hip recall has triggered more than 3,500 lawsuits against the company.

The federal DePuy ASR litigation has been consolidated for pretrial proceedings in the U.S. District Court for the Northern District of Ohio as part of an MDL, or multidistrict litigation.

At the time of the recall, Johnson & Johnson indicated that the DePuy ASR failure rate was about 12%. Some expects have suggested that the actual percentage of people who are likely to experience problems with their implant, including loosening, metal poisoning and possible revision surgery, is going to be substantially higher.

Bard Vaginal Mesh Bellwether Trials

January 19, 2012

The judge presiding over all federal Bard Avaulta vaginal mesh lawsuits has asked the parties to develop a list of potential bellwether cases. These bellwether cases would be prepared for early trial dates in the multidistrict litigation (MDL).

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More than 250 lawsuits over C.R. Bard vaginal mesh filed in federal courts throughout the United States have been consolidated before Judge Goodwin for pretrial litigation as part of an MDL.

Plaintiff and defense lawyers are to identify eight cases each to be considered for early discovery.

Transvaginal Mesh Injuries

The Bard Avaulta vaginal mesh litigation continues to grow against devices for repair of pelvic organ prolapse (POP) and female stress urinary incontinence (SUI).

The surgical mesh products have been linked to a risk of severe complications, including erosion of the mesh into the vagina, recurrence of urinary problems, pain and disfigurement.

The litigation initially only included Bard Avaulta mesh products, and now includes at least 29 other types of vaginal mesh made by C.R. Bard or their subsidiaries, including Pelvicol, PelviLace, PelviSoft, Pelvitex, Uretex and Align mesh.

Additionally, a number of similar complaints have been filed against Boston Scientific, American Medical Systems (AMS) and a division of Johnson & Johnson, Ethicon/Gynecare.

January MDL Consolidation Hearing

On January 26, the U.S. Judicial Panel on Multidistrict Litigation (JPML) will hear arguements over whether the vaginal mesh lawsuits involving these other manufacturers should also be centralized as part of three separate MDLs before Judge Goodwin in the U.S. District Court for the Southern District of West Virginia for coordinated handling.

Growing Number of Mesh Lawsuits

Public awareness about the risk of vaginal mesh problems increased following an FDA warning issued in 2011 about an increasing number of adverse event reports associated with the products.

In July 2011, the FDA issued surgical mesh warning, indicating that they have been unable to find any evidence that transvaginal mesh kits used for repair of pelvic organ prolapse provide any benefit over other available means of treatment.

Earlier this month, the FDA mailed a letter to several device makers calling for more post-marketing studies into the rate of complications with vaginal mesh systems, which many believe is the beginning of tighter regulations aimed at protecting women from these serious and debilitating problems.

FDA YAZ Conflict of Interest Concern Mounts

January 18, 2012

The FDA is under fire to hold a new hearing to evaluate the safety of Yaz and Yasmin birth control pills, after conflict of interest issues have been raised regarding some of its advisory committee members.

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Allegedly several FDA advisory committee members who voted to keep Yaz and Yasmin on the market had worked as consultants for, or received funding from, Bayer, the YAZ Yasmin manufacturer.

Project On Government Oversight Letter

The government watchdog group Project On Government Oversight (POGO) wrote a letter on January 11 to the agency’s commissioner, Margaret Hamburg, requesting that a new hearing be convened.

In December, the committee voted 15 to 11 that the benefits of Yaz, Yasmin and other drospirenone-based birth control pills outweigh the health risks, allowing Bayer to narrowly dodge a Yaz and Yasmin recall.

Subsequently, it has been discovered that at least four of the committee members had financial ties to Bayer.

The number of members who may have had conflicts of interest is the same as the winning margin of the vote to recommend that the FDA keep the drugs on the market.

According to POGO, “We are troubled by the industry ties of some of the FDA joint committee members who reviewed the safety of Yaz and Yasmin on December 8, 2011. Because of the industry ties of these members, the joint committee’s conclusion—which amounted to an endorsement of the safety of these oral contraceptives—should be disregarded.”

Financial Conflict of Interest

According to POGO, committee members Drs. Paula Hillard, Anne E. Burke, and Elizabeth G. Raymond received research funding or were paid as consultants for Bayer or one of its subsidiaries. Internal Bayer e-mails referred to Hillard as a “huge” Yasmin advocate.

These folks voted to recommend that the FDA allow the birth control pills stay on the market, despite research that suggests an increased risk of blood clots, pulmonary embolism, stroke, gallbladder disease, deep vein thrombosis, heart attack and sudden death associated with side effects of Yaz and Yasmin.

Discovery Documents made public

The documents revealing their connections to Bayer became public as a part of the discovery process in ongoing Yaz lawsuits and Yasmin lawsuits. The lawsuits are part of a federal Yaz MDL, or multidistrict litigation, which has centralized and consolidated claims by thousands of women.

Almost 11,000 women have filed a federal lawsuit against Bayer alleging that they suffered injuries as a result of the drug maker’s failure to adequately warn about the risk of health problems from Yaz, Yasmin and other drosperinone-based birth control pills.

Drospirenone the Culprit?

Drospirenone is a newer type of synethetic progestin that is used in combination oral contraceptives. It was originally introduced by Berlex Laboratories in Yasmin. Berlex was acquired by Bayer Healthcare and an updated version of Yasmin was introduced called Yaz. Recently, Bayer introduced a third version, marketed as Beyaz, which includes a folate supplement.

Generic versions of Yaz and Yasmin are also now available from other manufacturers. Generic versions of Yaz and Yasmin include Ocella, Gianvi, Loryna, Safyral, Syeda and Zarah, all of which contain drospirenone.

The FDA released a report in 2011, that suggested drospirenone-based birth control pills may increase the risk of blood clots by 75% over older birth control pills. They also doubled the risk of heart attacks and strokes in users who were new to birth control, with some health problems appearing in less than three months after women started to take the pills.

Merck agrees to Federal Consolidation of Propecia Lawsuits

January 17, 2012

Merck & Co. has agreed that all Propecia lawsuits filed in federal district courts throughout the United States by men who experienced sexual problems after using their hair-loss drug should be consolidated before one judge for pretrial proceedings.

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Merck Prefers New Jersey

Merck has suggested that the U.S. Judicial Panel on Multidistrict Litigation should transfer all cases to the U.S. District Court for the District of New Jersey, where 41 of the 53 lawsuits over Propecia have already been filed.

Some plaintiffs proposed that the Propecia MDL be centralized in the U.S. District Court for the Eastern District of New York, or, in the alternative, in the U.S. District Court for the Western District of Washington.

Merck’s attorneys claim that moving the cases to the Eastern District of New York, or the Western District of Washington, would be inefficient because the courts lack familiarity with issues already addressed in a number of the cases.

Judicial Panel on Multidistrict Litigation

The U.S. Judicial Panel on Multidistrict Litigation is expected to hear arguments on the consolidation of the lawsuits over Propecia at a hearing scheduled for March 29, 2012 in San Diego, California.

It appears that all parties agree that centralizing the Propecia cases as part of an MDL, or multidistrict litigation, would serve the convenience of the parties, prevent duplicative discovery and avoid conflicting pretrial rulings. However, the MDL panel will have to determine what is the most appropriate transfer jurisdiction.

What is the problem with Propecia?

Propecia (finasteride) is approved for the treatment of male pattern baldness. It is a low-dose version of Proscar, approved in 1992 for the treatment of benign prostatic hyperplasia.

Men who took the hair loss formula say that Merck failed to warn consumers of the risks of long-term erectile dysfunction from Propecia, as well as loss of libido, infertility, anxiety, depression and other problems.

In the United States, Merck has suggested warned that the sexual side effects of Propecia are temporary, indicating that cases observed during clinical trials resolved after users stopped taking the medication.

Merck has different European warning

Merck has been forced to provide additional warnings to men in certain other countries, indicating that post-marketing reports have indicated that some men experience sexual problems that persist.

Cymbalta and Stevens-Johnson Syndrome

January 16, 2012

A Kansas woman is has filed a product liability lawsuit which was allegedly caused by side effects of Cymbalta. Cymbalta is manufactured by Eli Lilly and Co. She developed a dangerous skin reaction, known as Stevens-Johnson syndrome.

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Nanci Matos, filed the Cymbalta lawsuit in the U.S. District Court for the District of Kansas on January 6.

Matos alleges that she developed Stevens-Johnson syndrome from Cymbalta, a popular antidepressant and anti-anxiety medication.

Matos began taking Cymbalta in November 2009. By December, she indicates that she started to show signs of a skin reaction and was hospitalized in January 2010.

Stevens-Johnson Syndrome (SJS) is an auto immune reaction that can be caused by some medications. The medical condition is typified skin blisters, severe rash and the skin may separate from the body. When the skin lesions affect more than 30% of the body, the condition is referred to as toxic epidermal necrolysis (TEN).

Treatment for SJS or TEN typically involves inpatient care at a hospital Intensive Care Unit (ICU) or Burn Unit, and the conditions can be fatal in many cases.

Matos’ Stevens-Johnson syndrome lawsuit claims that Eli Lilly failed to adequately warn doctors and patients that Cymbalta side effects could cause dangerous skin reactions.

According to the lawsuit, the FDA asked the company as early as 2007 to investigate potential link between Cymbalta and skin reaction problems, but Eli Lilly allegedly ignored that request and a number of other warnings by experts until September 2011, when the Cymbalta label was updated to include a warning of SJS and other skin reaction side effects.

Matos accuses Eli Lilly of strict liability, negligence, breach of warranty, misrepresentation, fraud and violations of consumer protection laws. She seeks damages for disfigurement, pain, suffering, mental anguish, embarrassment, shame, loss of enjoyment of life, loss of consortium and other injuries.

Topamax Birth Defects

January 15, 2012

Topamax can result in serious birth defects such as cleft palate or cleft lip. These occur when parts of the soft and hard palate fail to completely fuse together. The defect can result in a notched lip, or in severe cases, an open groove that extends from the nose to the roof of the mouth. Cleft lip and cleft palate birth defects can also cause problems eating and communicating, and can increase the risk of ear infections.

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What is Topamax?

Topamax is an anti-convulsant drug used to treat epileptic seizures. In addition, Topamax is also prescribed to help prevent migraine headaches. The chemical name for Topamax is Topiramate, and its generic name is Topiragen.

Topamax Problems

In 2009, the makers of Topamax were charged by the Department of Justice of promoting the drug to physicians for unapproved purposes. Such promotions are called “off label” since they encourage use of the drug for purposes not listed on the packaging, and not approved by the FDA. The manufacturers of Topamax plead guilty and paid $75.37 million for violating the False Claims Act, as well as $6.14 million in criminal fines.

Topamax Lawsuit

A product liability or defective product claim for Topamax is a type of pharmaceutical claim in which a person is injured as the result of taking a medication. The cleft lip and palate birth defects were not originally listed as side effects of Topamax, prompting the FDA to update the pregnancy warnings.

Topamax Medical Studies

Topamax has been shown by numerous studies to cause serious birth defects, such as cleft lip or cleft palate. Serious malformations may require expensive surgery or speech therapy, which can be costly.

The UK Epilepsy and Pregnancy Register, as well as the North American ARF Pregnancy Registry, noted a higher incidence of oral clefts in children whose mothers took Topamax during pregnancy.

What was Topamax prescribed for?

Topamax is prescribed to treat epileptic seizures, as well as for the prevention of migraines. However, Topamax has been applied for many off-label uses, such as bulimia, post traumatic stress disorder, obesity, and smoking cessation.

When did the FDA issue a new warning for Topamax?

In March 2011, the FDA increased the pregnancy warning for Topamax to Category D, which means there is positive evidence of fetal risk.

The FDA required new warnings in 2011 after data from the North American Antiepileptic Drug Pregnancy Registry found that children born to mothers who took Topamax during the first trimester of pregnancy experienced an oral cleft about 1.4% of the time, compared to a prevalence rate of between 0.33% and 0.55% associated with other epilepsy drugs.

When did the FDA approve Topamax?

Topamax was approved to treat epileptic seizures in 1994. In 2004, the FDA approved is for use in the treatment of migraines.

The FDA estimates that approximately 32.3 million prescriptions for Topamax or a generic equivalent were issued from January 2007 through December 2010. In many cases the drug is prescribed for off-label uses.

Is Topamax sold under any other names?

Yes. A generic version of Topamax was approved in 2006, called Topiragen. It is distributed by Mylan Pharmaceuticals.

Who are the manufacturers of Topamax?

Ortho-McNeil Neurologics and Noramco, Inc. discovered Topamax in 1979. Both companies are divisions of Johnson & Johnson.

Pradaxa Hemorrhage and Bleeding Lawsuits

January 14, 2012

According to experts, the new blood thinner Pradaxa has been linked to an increased risk of serious life-threatening bleeding. Now many experts are questioning its safety.

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PRADAXA LAWSUIT STATUS

Users of Pradaxa who suffered severe internal bleeding, hemorrhages or other problems may be eligible to pursue a Pradaxa lawsuit. Our lawyers are reviewing potential claims for individuals throughout the United States.

MANUFACTURER

Boehringer Ingelheim

PRADAXA OVERVIEW

Pradaxa (dabigatran) was released in October 2010 as an anticoagulant, but received more consumer complaints to the FDA’s MedWatch adverse event reporting system in its first three months on the market than 98.7% of the other drugs.

The drug is meant to be a replacement for warfarin and is supposedly easier to use because it requires less monitoring. Warfarin can be quickly counteracted by doses of Vitamin K when a bleeding problem occurs. There is no such remedy available when Pradaxa side effects cause internal bleeding.

PRADAXA INTERNAL BLEEDING SIDE EFFECTS

In the first year Pradaxa was on the market, there were more than 360 deaths attributed to internal bleeding from Pradaxa and some experts have raised questions as to whether the drug’s pre-approval clinical trials were valid.

Complaints of Pradaxa problems have included hemorrhages, especially among the elderly and those with impaired kidney function. Other reports suggest that the drug has proven ineffective in some cases, leading to deep vein thrombosis and pulmonary embolism due to blood clots Pradaxa failed to treat.

FDA INVESTIGATES

In December 2011, the FDA announced it was launching a safety review of Pradaxa, after only 14 months on the market. The agency will evaluate post-marketing reports of serious bleeding events. The investigation came about a month after the manufacturer announced it was investigating Pradaxa death reports.

LAWSUITS

As a result of the drug makers’ possible failure to adequately warn about the risks associated with their medication, Pradaxa lawyers are evaluating whether users may be entitled to compensation through a product lawsuit.

Birth Defects Problems With SSRIs

January 13, 2012

SSRIs are a widely prescribed class of drugs most often used as antidepressants to treat depression and anxiety disorders. Since September 2005, scientific information has been emerging that certain SSRIs, such as Celexa (citalopram), Lexapro (escitalopram), Prozac (fluoxetine), and Zoloft (sertraline), and SNRI antidepressants, such as Effexor (venlafaxine) may cause birth defects.

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SSRI Birth Defects

Cardiac (heart)
Neural-Tube (brain and spinal cord) – spina bifida
Cranial (skull) – craniosynostosis
Abdominal Wall - omphalocele
Cleft Lip and/or Palate
Limb - club foot and other limb abnormalities
Anal Atresia (complete or partial closure of the anus)

The FDA also issued an alert in July 2006 warning about the increased risk of Neonatal Persistent Pulmonary Hypertension (PPHN) to babies born to mothers taking SSRI antidepressants.

What type of Heart Birth Defects?

The FDA issued a Public Health Advisory on December 8, 2005 based on U.S. and Swedish studies showing that exposure to certain antidepressants in the first trimester of pregnancy may be associated with an increased risk of heart birth defects.

Most of the cardiac defects observed in these studies were atrial or ventricular septal defects, conditions in which the wall between the right and left sides of the heart is not completely developed, and leads to a condition otherwise known as a "hole in the heart."

Exposure to antidepressants may also cause other types of heart defects, including pulmonary stenosis and atresia, tricuspid atresia, aortic stenosis, hypoplastic left heart and conotruncal defects, such as transposition of the great arteries, double outlet right ventricle and Tetralogy of Fallot.

What is PPHN - Persistent Pulmonary Hypertension?

PPHN is a serious and life-threatening lung condition that occurs soon after birth of the newborn. Babies with PPHN have high pressure in their lung blood vessels and are not able to get enough oxygen into their bloodstream.

On July 19, 2006 the FDA issued a Public Health Advisory for SSRIs, including Celexa (citalopram), Lexapro (escitalopram), Prozac (fluoxetine), and Zoloft (sertraline) based on a study that suggests there may be additional risks of SSRI medications during pregnancy.

In this study PPHN was six times more common in babies whose mothers took an SSRI antidepressant after the 20th week of the pregnancy compared to babies whose mothers did not take an antidepressant.

FDA Pregnancy Warning

All antidepressants, except for one, are currently classified as Category C medications, meaning that animal reproduction studies have indicated an elevated risk of adverse events on the animal fetus and should only be used if the potential benefits outweigh the potential risks.

According to some experts all SSRI and SNRI antidepressants should be classified as Category D medications - “positive evidence of risk-studies in humans” which means fetal risk has been demonstrated.

YAZ Philly Mass Tort Settlement Ordered

January 9, 2012

Following the lead of the Federal Court ordered mediation in the Yaz/Yasmin litigation, the Pennsylvania state court judge has entered a similar order.

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Judge Moss, who is managing thousands of cases in Philadelphia state court, required mediation in an order published on January 6, 2012. Judge Moss’s order comes just one week after a federal judge entered a similar order.

Both judges appointed Professor Stephen Saltzburg of George Washington School of Law, Washington D.C., to assist in the mediation.

Plaintiffs are hopeful that this is good news for women across the country who have been injured by Yaz, Yasmin and Ocella birth control pills and they are hoping that this mediation paves the way for a global Yaz settlement.

The parties have been ordered to negotiate in good faith, but this does not mean that they will be able to come to an agreement.

See the Order below, click here to review the Philadelphia Mass Tort Docket in re YAZ/YASMIN/OCELLA LITIGATION

IT IS ORDERED THAT IN CONJUNCTION WITH THE HONORABLE DAVID HERNDON'S 12/31/11 CASE MANAGEMENT ORDER #53, THE COURT APPOINTS PROFESSOR STEPHEN SALTZBURG OF GEORGE WASHINGTON SCHOOL OF LAW, WASHINGTON DC, AS SPECIAL MASTER FOR PURPOSES OF MEDIATION, WITH ALL HIS EXPENSES AND FEES TO BE BORNE EQUALLY BY PLTFS AND DEFENSE SIDES. PHILA LIAISON COUNSEL ARE ORDERED TO COORDINATE WITH THE MDL LEADERSHIP TEAMS AND TO PARTICIPATE IN ALL ORGANIZATIONAL MEETINGS WITH PROFESSOR SALTZBURG. PROFESSOR SALTZBURG SHALL CONSIDER AND UTILIZE EVERY REASONABLE MEDIATION OPTION AVAILABLE TO EFFECTUATE SETTLEMENTS IN THIS LITIGATION. EACH PARTY IS ORDERED TO NEGOTIATE IN GOOD FAITH. IT IS FURTHER ORDERED SINCE THE CASE OF BODNAR V. BAYER, #1003-2173, SET FOR A FEBRUARY 2012 TRIAL, NOT BEING SUBJECT TO THE SUPREME COURT OF PA KING'S BENCH PETITION, IS CONTINUED TO MAY 2012 SO THE COURT CAN EVALUATE THE MEDIATION'S PROGRESS AND CHANCES FOR SUCCESS. BY THE COURT ...MOSS,J 1/6/12

Novartis Tekturna Side Effects and Injury Lead to Study Cancellation

January 5, 2012

Medical side effect concerns about Tekturna, a blood pressure drug sold by Novartis, have arisen after clinical trials were canceled due to a high number of strokes and kidney problems among diabetic patients.

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Novartis was running a trial of the drug to see if it could be useful in the treatment of diabetic hypertension. The drug maker found that Tekturna may increase the risk of non-fatal strokes, kidney problems and other health risks.

Read the Safety Warning from Novartis here. Direct Healthcare Professional Communication on potential risks of cardiovascular and renal adverse events in patients with type 2 diabetes and renal impairment and/or cardiovascular disease treated with aliskiren (Tekturna®) tablets and aliskiren-containing combination products.

As a result of the findings, a safety review of the potential Takturna problems was launched in December in Canada, where the medication is sold under the brand name Resilez.

The cancellation of the clinical trials was announced in a December 20 press release by Novartis. The trial, known as ALTITUDE, involved 8,609 patients from 36 countries. It was a randomized, double-blind, placebo-controlled study of the drug’s use in patients with diabetes and kidney problems.

The study found an increase in Tekturna side effects after 18-24 months that included not only strokes and kidney complications, but also caused hypotension (low blood pressure) and hyperkalemia (high potassium), both of which can cause circulatory problems.

The clinical trial involved the use of Tekturna along with angiontensin-converting enzyme (ACE) inhibitors or angiotensin receptor blockers (ARBs). As a result of the bad side effects, Novartis says it will cease promoting the use of Tekturna in combination with those drugs in any patients.

ALTITUDE was cancelled after an independent Data Monitoring Committee (DMC) overseeing the clinical trial became alarmed at the high rate of Tekturna health risks among tests subjects and recommended Novartis pull the plug.

The company has not yet released data from the study, but has told all of the clinical trial’s investigators to remove Tekturna products from their patients’ treatment regimen.

Tekturna (aliskiren) was approved in 2007 for the treatment of high blood pressure. In several countries outside the United States, it is sold under the brand name Rasilez.

In a recent statement released by the Canadian regulatory agency, Health Canada, noted that 329 of the test subjects were from Canada and the agency has expressed concerns over the risks of the clinical trial to its citizens.

Canadian officials say they are looking at available safety data and is considering taking appropriate regulatory action if necessary. The actions could include new label warnings and safety recommendations.

Read more here on Mass Tort Pharmaceutical Litigation and visit our website for more information

YAZ Settlement Ordered by Judge

January 3, 2012

The federal judge overseeing the thousands of Yaz, Yasmin and Ocella venous thrombo-embolism lawsuits, has delayed the first trial scheduled to begin January 9th. The Court ordered the parties to meet with a special mediator in an attempt to negotiate a settlement for the litigation.

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The first Yaz trial was involved a plaintiff who suffered a pulmonary embolism after taking the birth control pill.

Judge Herndon issued the order December 31 and determined that the litigation will be better served by delaying the start of the bellwether trial. This trial was designed to help the parties gauge how juries are likely to respond to evidence that will be presented in many of the cases.

Experienced Mediator Appointed
Professor Stephen Saltzburg of George Washington School of Law was appointed to serve as Special Master for purposes of mediating the entire litigation.

Scope of the YAZ Problem
Over 10,500 women have filed a product liability lawsuit against Bayer alleging that they suffered injuries as a result of the drug maker’s failure to adequately warn about the side effects of Yaz, Yasmin and other drosperinone-based birth control pills.

Is Drospirenone the Culprit?
Drospirenone is a new type of synthetic progestin that is used in combination oral contraceptives pills that includes estrogen. Berlex Laboratories originally manufactured Yasmin. Berlex was acquired by Bayer Healthcare, and newer version of Yasmin was manufactured called Yaz.

Recently, Bayer introduced a third version, called Beyaz, which includes a folate supplement. There are several generic versions of Yaz and Yasmin include Ocella, Gianvi, Loryna, Safyral, Syeda and Zarah.

Medical Studies Reveal the Problem
Several medical studies have found that women using Yaz face an increased risk of suffering a blood clot, stroke, pulmonary embolism (PE), deep vein thrombosis (DVT) and sudden death, a condition known as Venous Thrombo- Embolism (VTE).

FDA Now Involved
The FDA recently released a report that suggested drospirenone-based birth control pills may increase the risk of blood clots by 75% over older birth control pills.

A panel of FDA advisors which met in December called for stricter label warnings on Yaz and Yasmin, but stopped short of recommending a Yaz recall.

All federal Yaz and Yasmin lawsuits have been consolidated as part of an MDL, or multidistrict litigation, which is centralized before Judge Herndon in the U.S. District Court for the Southern District of Illinois.

Read more here on YAZ lawsuits
and visit my website for more information

Actos Litigation Centralized in Louisiana

January 2, 2012

The Judicial Panel on Multidistrict Litigation (JPML) is streamlining litigation for all federal cases alleging injury caused by the diabetes drug ACTOS®. These cases will now be brought under MDL No. 2299.

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On the basis of the papers filed and the hearing session held, the JPML found that eleven current actions involve common questions of fact, and that centralization in the Western District of Louisiana will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.

Each of the actions alleges claims arising from the use of Actos, a prescription medication approved by the FDA, for use in the treatment of type 2 diabetes. Plaintiffs allege that individuals who use Actos face an increased risk of developing bladder cancer. Plaintiffs further allege that the defendants concealed their knowledge of this risk and failed to provide adequate warnings to consumers and the health care community.

Centralization will eliminate duplicative discovery, prevent inconsistent pretrial rulings, and conserve the resources of the parties, their counsel and the judiciary.

The JPML was persuaded that the Western District of Louisiana is an appropriate transferee district for this litigation.

The eleven cases are transferred to the Western District of Louisiana and assigned to the Honorable Rebecca F. Doherty for coordinated or consolidated pretrial proceedings in that district.

Read more here on the Actos litigation and visit my website for more information.

Costs Mounting for DePuy ASR Recall and Pinnacle Injury

December 28, 2011

The human tragedy of the most widespread medical implant failure in decades continues to unfold. These involve thousands of all-metal artificial hips that need to be replaced. And now as the litigation slowly grinds on, it has entered its most important phase of cost, both in financial terms and the cost of human suffering.

Medical and legal experts estimate the hip failures may ultimately cost billions of dollars in coming years. The metal-on-metal hip device’s ball and joint are made of metal, are failing at high rates within a few years instead of lasting 15 years or more. The grinding of metal parts against each other is generating metal ions that is damaging tissue and crippling patients. This medical condition known as metallosis.

All-metal hip implants accounted for nearly one-third of the estimated 250,000 hip replacements performed each year in the United States. According to experts, 500,000 patients have received an all-metal replacement hip. According to a new study, no new artificial hip or knee introduced in the last five years were more durable than older devices, and 30 percent were worse.

One all-metal model, the DePuy ASR, implanted in 40,000 patients in the United States, was recalled last year by the DePuy division of Johnson & Johnson.

10 years ago, Sulzer Orthopedics paid a record $1 billion to settle claims by 6,800 patients who received artificial hips and knees that were contaminated with industrial oil during the manufacturing process.

Along with ASR related cases, DePuy also faces over 560 lawsuits in connection with the all-metal version of another hip model, called the Pinnacle.

Now the insurance companies and Medicare are notifying patients that they expect to be reimbursed for the cost of the re-do hip surgery, a process called subrogation.

Any potential settlement is unclear at this time and DePuy has not announced any global settlement like Sulzer did 10 years ago.

Read more on DePuy ASR Recall and Pinnacle litigation and visit my website for further information.

More Bellwether Trials Scheduled in Fosamax Jaw Decay Litigation

December 27, 2011

Three Fosamax jaw decay lawsuits are scheduled to go to trial in 2012, including a new trial on damages in one case that resulted in an $8 million jury award in 2010.

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U.S. District Judge John Keenan issued an order calling for additional Fosamax bellwether trials to take place in May, September and November of 2012.

Experts and legal commentators are most interested in the re-trial of the Boles case. In that case, the jury will only evaluate the damages that should be awarded for Boles developing osteonecrosis of the jaw (ONJ) from Fosamax.

Earlier in October 2010, another jury determined that Boles’s damages were caused by Merck’s failure to adequately warn about the risk of the devastating jaw damage. Judge Keenan determined that the jury’s award of $8 million in damages was excessive, and Boles elected to have a new trial instead of accepting a reduced award of $1.5 million. The Boles damages trial is scheduled for September 10.

All of the plaintiffs claim that side effects of Fosamax caused them to suffer ONJ, where the jaw bone begins to decay. Occasionally, full or partial jaw removal is required as a result of the condition. Fosamax (alendronate sodium), is a member of a class of drugs known as bisphosphonates, which are prescribed for treatment of osteoporosis.

Merck faces about 1,000 ONJ product liability suits over Fosamax that involve similar allegations. All federal cases are consolidated before Judge Keenan in the U.S. District Court for the Southern District of New York as part of an MDL, or multidistrict litigation.

Fosamax bellwether cases are selected for an early trial to help give the parties an idea of how juries will respond to evidence that may be similar to what will be presented in other cases. Such trials are often useful in gauging the strengths and weaknesses of common claims in complex litigation, and could help lead to an eventual Fosamax settlement.

Merck has successfully defended itself in all cases except for the Boles trial, and Keenan has assigned a settlement master in hopes of reaching an out-of-court settlement on most of the pending claims.

Furthermore, Merck also faces a growing number of lawsuits over femur fractures from Fosamax. Those complaints allege that long-term use of Fosamax can lead to atypical femur fractures, which typically occur with little or no trauma at all. Those cases are consolidated as part of a different MDL, which is centralized in the U.S. District Court for the District of New Jersey.

FDA Warning Over Acetaminophen Dose in Liquid Infant Drugs

December 26, 2011

The FDA is concerned over new liquid acetaminophen products for infants because of the possibility of accidental Tylenol overdoses and dosing confusion by parents.

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The FDA issued a consumer update on December 22, warning parents that several new liquid acetaminophen products for infants have different potency than older liquid acetaminophen medications.

According to the FDA, caregivers of infants and children may give a child too much of the drug because they are used to the dosing sizes of older brands of liquid acetaminophen drops.

Acetaminophen is used as a pain killer and anti-inflammatory medication. It is found in many over-the-counter and prescription drugs. It is also aggressively marketed for the treatment of fever, aches and pain.

According to the FDA, medication errors with acetaminophen led to 14 deaths and 74 injuries from 2000 to 2010 in children under the age of 13.

In response to concerns raised by the FDA over the high potency of many infant liquid acetaminophen products, a number of drug makers have reformulated their medications to be more diluted.

The change was voluntary and not all drug manufacturers have adopted it. This means that several different concentrations are now on store shelves, this could lead to confusion.

The FDA is recommending parents to carefully read the dosing instructions and medication guides of this and all other drugs, and to use the dosing device included in the packaging.

Furthermore, to add to the confusion, the packaging often changed very little, and if the person bought older version of the drug and then bought the newer version, they may not realize that there was a difference.

The FDA cited as an example; Little Fevers by Little Remedies. Both boxes say “New!” on the front and are very similar in design, but are of different concentrations.

According to the FDA, acetaminophen overdose has been a leading cause of liver failure in the United States, resulting in more than 50,000 emergency room visits, 25,000 hospitalizations and over 450 deaths annually.

Due to the risks associated with receiving too much acetaminophen, an FDA advisory panel was convened in May to make recommendations about new warnings or other regulatory actions. The panel recommended that dosing instructions be based on a child’s weight instead of their age.

Stronger warnings about the potential risk of liver failure from acetaminophen have also been added to all products over the past year, including clearer indications about what products contain acetaminophen as the active ingredient to avoid the risk of overdose.

Newer Metal Hip Implants But Not Better Outcomes

December 24, 2011

A recent Australian study indicates that the newer technology for artificial hips and knees did not perform any better than older, well tested and less expensive designs.

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This week, data was published from Australia’s orthopedic registry, which covered implants introduced from 2003 to 2007. The study's findings are significant for patients in the United States because many of the new designs, like the metal-on-metal hips, are widely used here and have come under increasing scrutiny.

These metal on metal implants, consist of a ball and cup made of metal, and according to experts are expected to fail prematurely in tens of thousands of patients. The artificial joints were marketed to last 15 years or more and provide better mobility and be more durable for the elderly population.

The Australian study showed that not a single new artificial hip or knee introduced over a recent five-year period was any more durable than older ones. In fact, 30 percent of them fared worse.

The Australian study concluded that both patients and government health care programs were being short changed because orthopedic surgeons were rushing to use the newly designed metal implants. These implants were introduced with little testing, over existing designs that had track records.

The review concluded, “not only has the introduction of this technology been potentially detrimental to patient care, but the current approach may be an important driver of increased health care costs.”

Dr. Stephen E. Graves, the director of the Australian registry and a co-author of the study, said he believed that surgeons, hospitals and regulators should closely look at the review’s results. In the case of the all-metal hips, some experts say they believe that replacing them may cost companies, insurers and taxpayers billions of dollars.

The United States does not have an orthopedic registry, and the Food and Drug Administration is researching to see whether data from sources like overseas databases and registries run by hospitals here can be used to better monitor device performance.

Many experts argue that such efforts are essential because 700,000 Americans undergo hip or knee replacement every year, and that number is expected to increase sharply as the population ages.

In a medical device registry, information about a patient is entered into a database when he or she receives an implant. Then, when that patient undergoes surgery again to replace that device, more data is added. By looking at large numbers of patients followed in a registry, researchers can tell whether certain device models are failing prematurely at significantly higher rates.

Some experts believe that when an implant problem is detected in a registry, it may be too late. Therefore some experts suggest that there must be greater scrutiny of implants either before or after they go on the market to detect problems earlier.

An Austrian review found that the results of published studies that accompany the introduction of new implants could bear little resemblance to registry findings about a device’s success once it went into broader use.

That review, found that surgeons involved in the original published reports are often involved in its development and may have a financial stake in them. These often created an ethical and moral dilemma for the doctors, which the companies are only too eager to exploit.

This month, bipartisan legislation was introduced in the Senate that could force manufacturers to track the performance of implants like artificial hips after they have been approved for sale.

Both device producers and their allies in Congress have maintained that any additional F.D.A. regulations would slow the development and marketing of innovative products that benefit patients. For his part, Dr. Graves, the Australian official, said he believed that such arguments were misleading.

“The purpose of regulation is not to impede innovation but to ensure safety and effectiveness of medical devices,” he stated. “This protects patients, but it also protects companies.”

Injured By Yaz? Now What?

December 23, 2011

The safety of Bayer’s two blockbuster oral contraceptives, Yaz and Yasmin, have been called into question. These drugs which were the first to contain a progestin known as drospirenone, which is now used in a number of generic versions of the pills.

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Yaz and Yasmin have been implicated in the formation of blood clots, a condition known as venous thrombo-embolism (VTE). The FDA recently found that Yaz and Yasmin side effects increased the risk of blood clots 74% when compared to older birth control pills that use levonorgestrel as a progestin instead of drospirenone. A number of other independent studies have shown an increased risk of blood clots from Yaz and Yasmin as well.

Newly unsealed documents, revealed during discovery in thousands of Yaz and Yasmin lawsuits being pursued against Bayer, indicate that experts believe that the company kept important safety data from federal regulators. Ex FDA Chief, Kessler gave expert opinion testimony that Bayer purposefully mislead the FDA about Yaz and Yasmin’s safety by selectively presenting data on blood clots and other thromboembolic events to make the drugs appear to be safer than they really were.

An Israeli study has found that side effects of Yaz and Yasmin birth control increase the risk of a pulmonary embolism, deep vein thrombosis or another blood clot injury, when compared to older birth control pills. Researchers say they found that drospirenone-based birth control pills increased the risk of venous thromboembolism by as much as 65 percent, in a new study published by the Canadian Medical Association Journal. This is at least the third study in recent weeks to confirm the risk of blood clots from Yaz birth control.

Drospirenone was originally introduced by Berlex Laboratories in Yasmin. Once Berlex was acquired by Bayer Healthcare an updated version of Yasmin was introduced called Yaz. More recently, Bayer introduced a third version, marketed as Beyaz, which includes a folate supplement. Generic versions of Yaz and Yasmin are also now available from other manufacturers. Generic versions of Yaz and Yasmin include Ocella, Gianvi, Loryna, Safyral, Syeda and Zarah.

As a result of Bayer’s failure to adequately warn about the risk of blood clots from the birth control pills, thousands of women throughout the United States have filed a lawsuits against Bayer after suffering serious and potentially life-threatening injuries who on the birth control pills, such as stroke, pulmonary embolism, deep vein thrombosis, gallbladder disease and sudden death.

There are currently more than 10,538 lawsuits filed in federal district courts throughout the United States that have been centralized before Judge David R. Herndon in the U.S. District Court for the Southern District of Illinois. Our law firm is expecting to file 10 Yaz, Yasmin lawsuits this week in time for Christmas.

Currently the Yasmin and Yaz injury suits have been centralized for pretrial proceedings in the federal court system as well as several states. In federal court, all cases filed throughout the country are being handled out of the U.S. District Court for the Southern District of Illinois for coordinated management during discovery, the early bellwether trials and any preliminary attempts to negotiate settlement offers.

Similar centralized management for the cases has been put in place for state court cases filed in New Jersey, California and Pennsylvania.

All of the cases involve similar allegations that Bayer failed to adequately warn about the risk of serious and potentially life-threatening side effects of Yaz and Yasmin birth control.

In October 2010, Judge Herndon implemented a process that calls for a handful of cases to be prepared for a series of three early trials, known as bellwether cases. The first trial, which is expected to begin January 9, 2012, will involve a pulmonary embolism from Yaz. The second trial will involve a gallbladder injury from Yaz and the third trial will involve a venous thromboembolism (VTE), such as a deep vein thrombosis (DVT).

You have been impacted by Yaz, Yasmin side effects and injuries, including deep vein thrombosis, pulmonary embolism, stroke or gallbladder disease, January 9, 2012 is around the corner and finally the jury can decide whether or nor Bayer is liable for your injuries.

Read more on YAZ, Yasmin and Ocella side effects here and visit my website for further information.

Accutane New Jersey Claims Reaches 6,634

December 22, 2011

Accutane side effects and injuries have prompted 6,634 people to file an Accutane lawsuit in New Jersey against the manufacturer of the controversial acne drug, Hoffman-LaRoche.

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A master complaint was filed as more plaintiffs joined the Accutane mass tort lawsuit. The purpose of the master complaint is to centralize the plaintiffs’ common allegations, which include Accutane Crohns disease and Ulcerative Colitis. The master complaint alleges that Hoffman-LaRoche created a defective product and negligently marketed that product to consumers.

Furthermore, the complaint alleges that the company failed to warn consumers about the serious side effects associated with Accutane use; inflammatory bowel disease, (IBD). The complaint also alleges that Hoffman-LaRoche failed to take the product off the market once the bowel side effects, birth defects and suicide were known.

A master complaint is intended to streamline the legal process generally, and potentially lead to more timely settlements.

Crohns disease and Ulcerative Colitis are two forms of IBD. Both diseases involve the patient’s digestive tract. Crohns disease can lead to ulcers, incontinence, intestinal blockages, bowel cancer, and removal of the colon and rectum.

The New Jersey court agreed to the Accutane lawsuit mass tort, placing it under the direction of Judge Carol E. Higbee.

Judge Higbee has chosen several lawsuits as bellwether cases. Each Accutane lawsuit identified as a bellwether case will address some of the issues outlined in the master complaint, including whether or not patients were adequately warned about the risks of dangerous side effects like Crohns disease. The bellwether cases will likely set a precedent for future Accutane lawsuit outcomes and settlements.

Click here to visit my website and learn more about Accutane Lawsuits

St Jude Riata Leads Recalled

December 21, 2011

St. Jude Medical Inc.’s Riata defibrillator leads, which the company stopped selling last year, were recalled by the U.S. Food and Drug Administration because of their potential to injure or kill patients.

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The devices remain implanted in an estimated 79,000 U.S. patients. The company voluntarily sent a letter to doctors on November 28 informing them that the wires used to connect the devices to the heart have a higher failure rate than was previously known.

According to the company, the FDA issued the Class 1 recall, its most serious designation, because of its potential risk of serious injury or patient death.

The company acknowledged that the wires inside some leads can penetrate the insulation, compromising the device’s integrity. The devices may inappropriately shock some patients and fail to deliver necessary therapy to others.

This potential for device failure, particular for defibrillators or for folks dependent on pacemakers, is worrisome.

Patients who need frequent shocks from their defibrillator to restore a normal heart rhythm and those who are dependent on pacemakers may be at greater risk, the company said. Doctors may design individual treatment plans for those with the damaged wires based on their risk level and options should be discussed with patients, the company said.

FDA notified healthcare professionals of a Class I Recall of the St. Jude Medical Riata and Riata ST Silicone Endocardial Defibrillation Leads. The silicone insulation covering these defibrillation leads is at risk of premature abrasion. When abrasion occurs, the conductors inside the leads can come out (externalized) of the insulation. Leads with externalized conductors may develop electrical dysfunction and not work as intended. In the event the device does not work as intended, should a life-threatening heart rhythm occur, pacing or defibrillation therapy may not be delivered as intended. This may result in serious adverse events, including death.

The recall includes the following model numbers:

Riata (8F) Silicone Endocardial Defibrillation Leads
Models: 1560, 1561, 1562, 1570, 1571, 1572, 1580, 1581, 1582, 1590, 1591, 1592
Riata ST (7Fr) Silicone Endocardial Defibrillation Leads
Models: 7000, 7001, 7002, 7010, 7011, 7040, 7041, 7042

BACKGROUND: The leads connect an implantable cardioverter defibrillator (lCD) or cardiac resynchronization therapy defibrillator (CRT-D) to cardiac tissue in order to monitor and regulate a patient’s heart rate by providing pacing and delivery of high voltage therapy for ventricular arrhythmias.

New FDA Heart Warning For Multaq

December 20, 2011

The FDA have added new safety warnings to the heart rhythm drug Multaq, (dronedarone) after Sanofi company study linked the medication to higher rates of heart attack, stroke and death in a subset of patients. The FDA completed a safety review of dronedarone, which showed that the heart drug increased the risk for serious CV events, including death, when used by patients with permanent atrial fibrillation.

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The review was based on data from the PALLAS and ATHENA trials. As a result of the review, the FDA has provided new information and recommendations for use of dronedarone to manage the potential serious CV events associated with the drug, according to a statement from the agency.

The boxed warning highlights the results of a study in which Multaq doubled the risk of heart-related complications in patients with permanent atrial fibrillation. The revised label indicates that Multaq is only approved for the short-term form of atrial fibrillation and atrial flutter. Doctors routinely prescribe drugs for conditions not listed on the labeling approved by the FDA, a process called "off label prescribing."

The label, instructs doctors to check patients' heart rhythm at least once every three months. If patients appear to have the permanent form of atrial fibrillation, Multaq should be discontinued.

When first approved in 2009, Multaq was the first new drug in 10 years for atrial flutter and atrial fibrillation. Both conditions can cause stroke and death. Multaq has been subject to a series of safety concerns, both before and after its approval in the U.S.

European Union health officials have already restricted Multaq's use based on the same safety information. In September the European Medicines Agency said that the drug should only be used after other treatments for atrial fibrillation have been tried.

In the study that triggered the warning, Sanofi recorded 25 deaths in the Multaq group compared with 13 in the placebo group. All 3,200 the patients in the study were older than 65 and had permanent atrial fibrillation.

Atrial fibrillation is the most common heart rhythm disorder and a frequent contributor to stroke. About 278,000 people in the U.S. have received prescriptions for Multaq as of October, according to the FDA.

The FDA originally rejected the French drugmaker's request to approve Multaq in 2006. That was after a widely publicized study showed patients in the group taking Multaq were twice as likely to die as patients in the comparison group.

But Sanofi said the study involved patients with severe heart failure and many of them did not even have the irregular heart rhythm Multaq was designed to treat.

Multaq already carries another black box warning, the most serious type of warning. It says that the drug can cause severe complications, including death, in people with recent severe heart failure and should not be used by them.

The new label changes for the drug include the following:

Dronedarone should not be prescribed to patients with permanent atrial fibrillation (those who cannot or will not be converted into normal sinus rhythm) because of the twofold risk of cardiovascular death, stroke, and heart failure in such patients.

Patients on the drug should be monitored via ECG every three months and patients in atrial fibrillation should discontinue the drug or be cardioverted if that is clinically indicated.

Patients prescribed dronedarone should receive appropriate antithrombotic therapy.

In January, the FDA alerted healthcare professionals to the potential for liver damage from dronedarone based on two reported post-marketing case reports of acute liver failure that required transplantation. The agency recommended periodic liver enzyme tests, especially in the first six months of treatment.

Federal MDL Denied For Plavix Injury Lawsuits

December 19, 2011

The U.S. Judicial Panel on Multidistrict Litigation (JPML) has rejected calls for all federal Plavix lawsuits to be consolidated in one court for coordinated handling during pre-trial litigation. This means that the litigation will proceed as individual cases in various district courts throughout the United States.

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Last week, the JPML denied a motion by Bristol-Myers Squibb and Sanofi-Aventis to centralize the federal Plavix litigation in the U.S. District Court for the District of New Jersey. According to the panel, the centralization would not help move the cases through the system faster and would provide no benefit to the parties involved.

There are currently only 12 lawsuits filed against Plavix pending in the federal court system, with 10 of them pending in the U.S. District Court for the District of New Jersey.

All of the Plavix suits allege that the drug makers failed to adequately research their medication or warn about the risk of Plavix side effects, which could increase the risk of serious and potentially life-threatening bleeding, as well as a rare blood disorder known as thrombotic thrombocytopenic purpura (TTP). Lawsuits had been filed against the makers of Plavix over internal bleeding, ulcers, heart attacks, strokes and other health problems allegedly caused by the popular blood thinner.

There are 40 Plavix cases filed in New Jersey state court. Plavix (clopidogrel) is prescribed as an anti-platelet agent, to prevent blood platelets from sticking together to form clots. It is prescribed to reduce the risk of heart attacks, strokes and blood clotting when drug coated stents are used in patients with arteriosclerosis and in other at-risk patients.

In November 2009, the FDA issued a public health advisory warning that side effects of Prilosec may interfere with Plavix effectiveness, increasing the risk of heart attack, death or other injuries for patients.

In March 2010, a Plavix “black box” warning was added to alert patients and healthcare professionals that the anti-clotting drug may not work in some patients due to genetics. The FDA indicated that a genetic test is available to determine whether patients are able to metabolize Plavix efficiently and suggested that doctors should consider another medication for at-risk patients who are confirmed to have the gene variant.

Chinese Drywall Maker to Settle Defective Lawsuits

December 18, 2011

According to plaintiffs’ lawyers, Knauf Plasterboard Tianjin Co., (KPT) a Chinese drywall maker, agreed to pay at least $800 million to settle homeowner claims that defective building materials contaminated their homes with corrosive sulfur fumes.

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Knauf agreed to settle claims involving about 4,500 properties that contain the defective drywall. Homeowners said the faulty wallboard emits noxious sulphur gases that corrodes copper coils and electrical and plumbing equipment.

The accord was announced before U.S. District Judge Eldon Fallon in New Orleans, who is overseeing about 12,000 suits filed over the contaminated drywall that have been consolidated for pretrial evidence gathering.

According to the plaintiff attorneys, “homeowners who can show they have KPT product in their homes will be covered and the costs of those repairs are covered by the agreement no matter how much the total cost may be to the company."

According to state Attorney General James Caldwell, More than 1.1 million sheets of harmful Chinese drywall were used in Louisiana rebuilding projects after hurricanes Katrina and Rita struck in 2005.

About 55 percent of the property owners who may benefit from the settlement live in Florida while 35 percent are Louisiana residents, according to experts.

The remaining cases involve drywall made in China by units of Taishan Gypsum Co. and Beijing New Building Materials Public Limited Co., the judge said. Fallon said he will travel to Hong Kong to supervise depositions in the suits.

Other drywall suppliers, such as Miami-based Banner Supply Co., agreed in June to pay about $55 million to settle claims over the contaminated building materials made in China.

The consolidated case is In re Chinese-Manufactured Drywall Products Liability Litigation, 2:09-md-02047, U.S. District Court, Eastern District of Louisiana (New Orleans).

Monitoring of Hip Implants May Be Required

December 17, 2011

As public awareness of problems with artificial hips and other medical implants increase, legislation was introduced in the Senate that would force manufacturers to track the performance of such products after they were approved for sale.
The bill would allow the Food and Drug Administration (FDA) to compel companies to track medical implants.

The bill is to address the controversial 510(k) process that the FDA uses to clear the sale of certain implants like artificial joints. To sell a new product under 510(k) process, a producer need only show that it is “substantially similar” to a product already on the market.

Thousands of the all-metal hips that are now failing prematurely in patients were approved through the 510(k) system. The new proposal would not require added premarket testing of such implants but would broaden the F.D.A’s postapproval oversight by giving it the authority to mandate that companies collect data on device performance.

Along with introducing the bill, the bill originators sent letters to five major producers of medical devices seeking documents about how they track product safety and recall devices.

The companies were Johnson & Johnson, an artificial joint maker; Zimmer Holdings, another producer of artificial joints; Medtronic, a heart and spinal implant producer; Boston Scientific, a heart device maker, and C. R. Bard, a surgical implant maker. All of these companies have had problems with defective medical products, leading to recalling them.

Specifically, in the case of Johnson & Johnson, Congressional investigators want to know when the company was warned that one of its all-metal hips — the ASR, or Articular Surface Replacement — was failing and how it tracked those problems. Last year the DePuy division of Johnson & Johnson recalled the device after it had been implanted in some 93,000 patients worldwide, including 40,000 in this country.

As of early October, about 3,500 lawsuits have been filed against Johnson & Johnson in connection with the ASR, and medical studies suggest that the ASR may have already failed a few years after implant. Artificial hips are supposed to last 15 years or more before requiring replacement.

Last month, a legislative panel in Australia issued a report that concluded that Johnson & Johnson was probably aware of serious problems with the ASR well before recalling it. The panel also characterized the company’s responses to its questions as “decidedly opaque.”

“Many people could have avoided considerable pain, suffering and diminished quality of life if the company had acted in a responsible manner to known problems with these devices,” the Australian report stated.

Wright Metal-on-Metal Hip Lawsuits Consolidation

December 15, 2011

A motion has been filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate and centralize all federal Wright Conserve hip replacement lawsuits. These lawsuits have been brought in courts throughout the United States by individuals who experienced injury problems after receiving the metal-on-metal artificial hip system.

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Several lawsuits have been filed against Wright Medical in different federal district courts through the nation by individuals who complain that their metal-on-metal Wright Conserve Plus hip system failed within a few years of implant, often resulting in the need for revision surgery.

Since the FDA approved the Wright metal-on-metal hip replacement system under their controversial 510(k) approval system, more than 200 adverse event reports have been submitted by patients or physicians, which likely only represents a small percentage of the total number of problems with Wright Conserve hip replacements.

All of the lawsuits involve similar allegations of design defects involving the Conserve acetabular cup, which plaintiffs claim has a tendency to loosen and fail as metal particles are shed into the body from the metal parts rubbing against each other.

The Wright Conserve hip system is a metal-on-metal design, which consists of cast cobalt chromium molybdenum that provides the cup (socket) for the cobalt chromium molybdenum femoral head (ball). The metal femoral head turns within the metal monoblock Conserve Cup, which does not have a protective liner. This may result in the release of metal particles, through the metal on metal grinding. The metal ions can cause metal toxicity in the blood, soft tissue and bone. This condition can result in metallosis, tissue necrosis and pseudotumors, according to the complaints.

In May 2011, the FDA asked Wright Medical and other metal-on-metal hip makers such as DePuy, Smith and Nephew, Stryker and Zimmer, to obtain more information about the level at which the metal particles released by hip replacements becomes dangerous, how much metal they actually release and to quantify the potential side effects of metallosis.

The Wright Conserve Cup features a similar design to the DePuy ASR Cup, which was recalled in August 2010 after medical data suggested that a higher-than-expected number of people had their artificial hip fail within a few years.

Due to the similarities between the designs, the MDL motion suggests that a Wright Conserve hip recall is likely to be issued as well.

The plaintiffs argue that centralizing the Wright Conserve metal-on-metal hip lawsuits as part of an MDL will serve the convenience of the parties, prevent duplicative discovery and avoid conflicting pretrial rulings from different judges.

West Virginia Centralization of Trans Vaginal Mesh Litigation?

December 14, 2011

Transvaginal mesh plaintiffs are petitioning for the vaginal mesh litigation pending against 4 different companies to be centralized before one judge in the U.S. District Court for the Southern District of West Virginia.

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As described in previous blogs, thousands women throughout the United States are bringing product liability lawsuits against the 4 main medical device manufacturers as a result of injuries with transvaginal bladder mesh systems, which have been associated with reports of infection, vaginal erosion and pelvic pain.

The U.S. Judicial Panel on Multidistrict Litigation (JPML) in November received motions for many Boston Scientific pelvic mesh lawsuits, American Medical Systems (AMS) mesh lawsuits and Ethicon/Gynecare mesh lawsuits to be centralized before Chief Judge Joseph R. Goodwin, who is already presiding over all federal Bard Avaulta mesh lawsuits that were consolidated for pretrial proceedings.

The plaintiffs are calling for the Panel to establish three new MDLs, or multidistrict litigations, in the Southern District of West Virginia, where Judge Goodwin can coordinate the litigation together with the Bard Avaulta cases.

The vaginal mesh lawsuits contain allegations involving defects with pelvic repair products used during transvaginal surgery to repair pelvic organ prolapse (POP) or stress urinary incontinence (SUI), which caused women to experience painful and debilitating complications.

Commonly, women are implanted with more than one product, which are often manufactured and sold by different companies. Thus, plaintiffs have requested that currently unconsolidated litigation for vaginal mesh products sold by Boston Scientific, AMS and Ethicon/Gynecare be transferred to the Southern District of West Virginia, for coordinated handling.

The plaintiffs argue that “the centralization of these actions in a single judicial district for coordinated and/or consolidated pretrial proceedings will promote the interests of justice.”

“The transfer of these cases will conserve judicial resources, reduce litigation costs, avoid potentially inconsistent pretrial scheduling orders and substantive rulings, and will eliminate unnecessary duplicative discovery.”

Plaintiffs further argue that the claims against all of these manufacturers are similar, and Judge Goodwin has already become familiar with the factual and legal issues presented throughout the cases and is uniquely positioned to handle the conflicts that may arise from cases involving individual women who received multiple devices from different manufacturers.

The general public has become increasingly about the risk of vaginal mesh problems, after the FDA issued warnings about an increasing number of adverse event reports associated with the products.

In July, the FDA issued transvaginal mesh warning, indicating that they have been unable to find any scientific evidence that transvaginal mesh kits provide any benefit over other available means of treatment.

In September, an FDA advisory panel was held to review the potential health risks with vaginal mesh products. At the hearing, a majority of surgical mesh manufacturers joined together to create a “Transvaginal Mesh Working Group”, making a joint presentation to the committee and presenting a unified voice and position at the hearing.

Ortho Evra Patch Blood Clot Risk New Warnings

December 13, 2011

A panel of federal drug experts has recommended that the FDA require newer warnings for side effects of the Ortho Evra birth control patch. These patches may increase the risk of venous thrombosis embolism (VTE) when compared to using some older oral contraceptives. The panel did not recommend that the FDA issue an Ortho Evra recall due to the potential dangers.

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The FDA recently held the advisory committee to review the risk of VTE with the Ortho Evra patch, as well other newer forms of contraceptives, such as Yaz and Yasmin birth control pills and the NuvaRing birth control ring.

The panel voted 19-5 that the benefits of the Ortho Evra outweighed its health risks, and they voted 20 to 3, to recommend that the birth control patch’s blood clot warnings be rewritten.

Ortho Evra is a form of birth control that is delivered through a patch. Ortho Evra patch is promoted as an alternative to daily birth control pills, some studies have shown that the Ortho Evra patch delivers substantially more estrogen and significantly increases the risk of blood clots and VTEs in women.

The FDA committee’s recommendations would call for the language to be simplified and made clearly understandable by consumers. While the committee’s decisions are not binding for the FDA, they generally factor significantly into the agency’s final regulatory action.

A recent FDA study of all of the newer forms of birth control indicated that women who use the Ortho Evra patch or the NuvaRing are 55% more likely to suffer a VTE, which can lead to a pulmonary embolism, heart attack or stroke, than women who take levonorgestrel-based birth control pills.

Women who took Yaz, Yasmin or other generic pills that also use the drospirenone progestin, faced a 75% increased risk of VTE and twice the risk of heart attack or stroke.

The committee voted against recommending a recall for Yaz and Yasmin, but also found that the label warnings should be made more clear on those products as well.

Medtronic Settles US Justice Case on Kickbacks

December 12, 2011

Another example of a corporation being caught with its hand in the cookie jar. Medtronic has agreed to pay the U.S. Justice Department $23.5 million to settle allegations that the company paid doctors to implant its pacemakers and defibrillators.

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The Justice Department investigation alleged that Medtronic paid doctors between $1,000 and $2,000 per patient implanted with a Medtronic pacemaker or defibrillator as part of four post-marking studies.

According to a press release from the Justice Department, the payments were to promote doctors to use a Medtronic device over other competing devices, and to persuade them to be loyal to Medtronic for future cardiac procedures.

The settlement ends a federal qui tam suit filed in Minnesota, as well as a similar qui tam suit filed in California. Both suits alleged Medtronic violated the U.S. False Claims Act by using post-market studies and device registries as vehicles to pay participating physicians kickbacks for implanting its pacemakers and ICDs in Medicare or Medicaid beneficiaries.

According to the attorneys bringing the whistle blower action, "Our society owes an enormous debt to individuals with the courage to blow the whistle when medical device makers try to influence physicians." "When the use of procedures or devices is driven by corporate greed rather than medical need, it creates a potentially dangerous situation for patients and contributes to escalating medical costs."

The qui tam or whistle blower provisions of the False Claims Act permit private citizens, called "relators," to bring lawsuits on behalf of the United States and receive a portion of proceeds of any settlement or judgment.

According to Tony West, assistant attorney general for the department's civil division, "patients who rely on their healthcare providers to implant vital medical devices expect that those decisions will be made with the patients' best interests in mind." "Kickbacks, like those alleged here, distort sound medical judgments with financial incentives paid for by the taxpayers."

Medtronic said the payment is not an admission that any of the company's studies were "improper or unlawful."

"Medtronic is happy to have this investigation behind us, so we can continue designing and executing clinical trials that generate evidence to improve patient care, outcomes, and cost effectiveness," Marshall Stanton, MD, vice president of clinical research and reimbursement for the Medtronic's Cardiac and Vascular Group, said in a statement.

Medtronic also is being investigated by the Justice Department over allegations that doctors paid by the company failed to report serious side effects associated with Medtronic's spine surgery device, Infuse.

So did the company learn anything? Or were they surprised to be caught with their hand in the cookie jar. The hits keep on coming..., are there any depths to which these corporations will not stoop to? Where will the companies draw the line, where is the lesson learnt?

Unfortunately we will have to wait until the corporate executives start being accountable for their actions and end up in jail. So far only civil fines and no admissions of guilt or liability. Just the cost of doing business in the US of A.

Yaz, Yasmin FDA Recommendations

December 10, 2011

This week the FDA held a 2 day meeting evaluating the newer oral, patch and ring contraceptives. This was a long overdue and highly anticipated hearing.

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The FDA advisory panel voted 19-5 that the benefits of the Ortho Evra norelgestromin/ethinyl estradiol transdermal patch outweigh the blood clot risks, but panel members think those risks should be more clearly stated on the label.

The FDA's Advisory Committee for Reproductive Health Drugs and a drug safety committee voted Friday to recommend that the FDA should allow the patch to remain a contraceptive option.

The same panel had voted 15-11 that the benefits of drospirenone-containing oral contraceptives such as Yaz and Yasmin outweigh the risk of venous thromboembolism (VTE).

Reproductive and drug safety experts advised the FDA to add stronger label warnings of Yaz and Yasmin blood clot risks, but decided not to recommend a Yasmin and Yaz recall.

The panel voted 21-5 to add new blood clot label warnings to drospirenone-based birth control pills, saying that the current warnings are vague, too confusing, and need to be updated with the most recent drug safety information.

One of the most recent reports examined by the committee was from the FDA itself, which found that Yaz and Yasmin side effects increased the risk of blood clots 74% when compared to older birth control pills that use levonorgestrel as a progestin instead of drospirenone. The panel noted that the FDA study did not account for smoking, obesity and some other health factors which could have played a part in its findings.

Newly unsealed documents, revealed during discovery in thousands of Yaz and Yasmin lawsuits, indicate that Former FDA Commissioner David Kessler believes that the company kept important safety data from federal regulators. Kessler gave expert opinion testimony that Bayer purposefully mislead the FDA about Yaz and Yasmin’s safety by selectively presenting data on thromboembolic events to make the drugs appear to be safer than they really were. The testimony was barred from the committee hearing because it was not submitted in time.

The Ortho Evra patch, from Johnson & Johnson's Janssen, does not contain drospirenone, but it contains higher levels of estrogen than found in many common second-generation birth control pills (which contain lower doses of estrogen than the first-generation pills introduced in the 1960s).

An FDA postmarking report in October stated that the patch, the norelgestromin/estradiol vaginal ring, and birth control pills containing drospirenone, were all associated with increased risk for VTE, compared with hormonal contraceptives with relatively low doses of estrogen.

The panel addressed labeling on the patch, voting 20-3, that it should more clearly state the patch's risks and calling the current labeling confusing.

Janssen has changed its label three times since 2005 to update the risk of the patch, and earlier this year the FDA added a boxed warning saying that one study found the VTE risk was significantly greater with Ortho Evra than with lower-estrogen birth control pills.

The black box warning was meant to draw more attention to the risk of blood clots, according to Scott Monroe, MD, director of the FDA's Division of Reproductive and Urologic Products.

So what does all add up to? It means we have to slog through the bellwether trials that are scheduled for next year for both the Nuvaring and Yaz and Yasmin contraceptives. After they are played out, perhaps then these companies will come to the settlement table and compensate the thousands of women who have been horribly injured by these drugs.

Unfortunately the general public does not understand the risk associated with these drugs. They are not benign and they have a significant side effect profile and risk. These women need to understand that and the risk needs to be emphasized by their doctors. But sadly it is not. And in fact most doctors do not have that discussion with their patients. A lot of refills are filled automatically and the game of Russian Roulette continues.

The FDA could have done the right thing but sadly it abrogated its regulatory role to the powerful business interests and lobbyists at the hearing. Business as usual at the FDA, with its revolving door and life goes on Washington, except it does not for the women who have died as a side effect of these drugs. I will light a candle for you and your families, and you are in my prayers this Holiday Season.

FDA Reponse to YAZ and Yasmin

December 9, 2011

After a much publicized hearing, federal health experts said that drug labeling for Yaz and other drospirenone containing birth control pills should be updated to highlight recent data suggesting a higher risk of blood clots with these drugs than older contraceptive pills.

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Expectations were heightened and many experts felt that the FDA may put a restriction on the sale of these drugs, but according to many, the FDA's findings was very disappointing.

The FDA's panel of experts voted 21-5 Thursday that labeling on the popular drugs made by Bayer is inadequate and needs more information about the potential risk of blood clots in the legs and lungs, known as deep vein thrombosis and pulmonary embolism.

Yaz, its predecessor Yasmin and others use a synthetic progestin hormone called drospirenone. Yaz was approved in 2006, and quickly became the best-selling birth control pill in the U.S. by 2008. But prescriptions have fallen more than 80 percent in the last two years over safety concerns and mounting lawsuits.

Medical experts debated more than nine hours discussing the blood clot risk of drospirenone-containing drugs. The overwhelming majority said it should be clearly stated in the medication label the potentially fatal nature of blood clots.

"Clearly the wording is inadequate and incomplete," said Dr. Richard Bockman of New York's Hospital for Special Surgery. "Adverse events have to be made graphic so physicians and patients are aware of the consequences."

The panelists voted 15-11 that the pills remain a beneficial option for preventing pregnancy. This ruling amounts to a vote of confidence for keeping the drugs on the market, over a third of panelists voted against the drug's overall benefit, citing numerous alternatives available.

"I can see no real group of patients that this drug benefited over existing alternatives," said Mark Woods of New York University School of Medicine. "Without any clear benefit, and given the potentially catastrophic risk, I voted no."

The most recent study by the FDA found women taking Yasmin had a 75 percent higher chance of suffering a blood clot than patients taking a combination of older drugs.

Panelists heard more than a half-dozen patients or their family members who blame Yaz or Yasmin for sometimes deadly blood clots.

Cindy Rippee spoke about her last conversation with her 20-year-old daughter Elizabeth Rippee, who died Christmas Eve 2008 when a blood clot traveled to her lung. Rippee said her daughter had been taking Yasmin for about two months, after taking another birth control pill, Tri-Sprintec, for a year previously.

"My daughter was a very smart young woman. If Elizabeth had been clearly told that Yasmin had more risk, maybe twice as much risk, as other pills she never would have switched to Yasmin and would be here today," said Rippee, of Escondido, Calif.

Rippee is among 10,000 plaintiffs suing Bayer in personal injury lawsuits pending throughout the U.S. federal court system.

The FDA has not set a timetable for any changes in Yaz's labeling. For now, many doctors say they don't expect to stop prescribing the drugs anytime soon.

The FDA convened the panel to consider additional safety measures for newer contraceptives based on recent studies that show a higher risk of blood clots with the drugs.

The panel is now scheduled to discuss adding new warning information to the drugs' labeling about the potential risks of blood clots.

Dr Malik Law Firm is currently evaluating and filing Yaz, Yasmin and Ocella Injury lawsuits, please click here for further information.

FDA Meeting on Yaz, Yasmin

December 6, 2011

Medical research has demonstrated that newer birth control formulations containing a synthetic new progestin, Drospirenone, are more likely to cause venous thromboembolism (VTE) blood clots than older drugs. This data has lead the Food and Drug Administration (FDA) to consider new safety measures in meetings later this week. The increased risk is significant because VTE can cause heart attacks, strokes and blockages in lungs, (pulmonary embolism PE) or blood vessels, (deep vein thrombosis DVT) which can be deadly.

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Yaz, Yasmin (manufactured by Bayer) and generic versions of the drugs use drospirenone which appears to reduce side effects found in older drugs, including bloating and mood swings. Evaluating the VTE risk of birth control drugs is difficult because all hormone-based contraceptive drugs increase the risk of VTE. Furthermore VTE risk can be increased by smoking, obesity or family history (genetic blood clotting defects).

Yaz, Yasmin and other generic pills containing drospirenone are the focus of a FDA discussion this week. Bayer says its studies have shown no difference in VTE risk between its drospirenone drugs and the older birth control drugs. But several large, independent studies suggest the risk with Yaz and similar medications is slightly higher. The latest analysis by the FDA estimates the risk of VTE with drospirenone-containing pills is 1.5-fold higher than other hormone-based contraceptives.

Introduced in 2001, Yasmin was the first birth control pill to use drospirenone, which appeared to have fewer side effects. The reformulated version of the drug, Yaz, was approved in 2006 with approval to claim on the label that it decreased acne and a severe type of mood disorder, Pre Menstrual Dysphoric Disorder, PMDD.

A Bayer AG unit withheld from U.S. regulators findings by company researchers of increased reports of VTE in users of its Yasmin birth-control pills, according to the FDA. David Kessler, the former FDA commissioner, in a document unsealed in federal court in Illinois, said Bayer didn’t include an analysis “that demonstrated an increase in the U.S. reporting rate” for venous thromboembolism, in a 2004 review of Yasmin’s safety provided to the agency.

Bayer faces 10458 lawsuits filed in the federal court, over injuries allegedly caused by the drospirenone contraceptives. Lawyers suing the drugmaker cited FDA reports of at least 50 deaths tied to the pills from 2004 to 2008. The first trials for pulmonary embolism are scheduled for January 9, 2012 in federal court in Illinois and January 23 in state court in Philadelphia.

Bayer’s contraceptives generated $1.58 billion in sales last year, making them the company’s biggest-selling drugs after Betaseron, a multiple sclerosis medication.

In October, the FDA warned that women taking the drospirenone pills were 74 percent more likely to suffer VTE blood clots than women on other low-estrogen contraceptives. The FDA examined data on 835,826 women who took pills containing the hormone, including Bayer’s Yasmin line of birth-control pills, according to the FDA report. The agency set the Dec. 8 hearing to discuss the findings.

The FDA told Bayer in June 2003 that it was “very concerned” about the number of adverse events, particularly deaths, reported in Yasmin users, Kessler said, citing an agency letter to the company. This included six deaths in the U.S., five of which were first reported to the FDA after April 2, 2003, the agency said.

Bayer responded that its data didn’t show a higher risk for Yasmin. Internally, the company decided to produce a “White Paper,” to the FDA, which would be “a scientific write-up that lays out the issues,” according to a Bayer document quoted by Kessler.

The white paper would compare Yasmin to other oral contraceptives, covering multiple adverse events including venous thromboembolism (VTE) and pulmonary embolism (PT).

According to Kessler, an early draft reported, “Compared to the three other oral contraceptives, Yasmin has a several fold increase in the reporting rates for DVT, PE and confirmed VTEs.”

The case is In re Yasmin and Yaz (Drospirenone) Marketing, Sales Practices and Product Liability Litigation, 09-md-02100, U.S. District Court, U.S. District Court, Southern District of Illinois (East St. Louis).

AMS Transvaginal Mesh to be Consolidated

December 5, 2011

The Trans Vaginal Mesh (TVM) saga continues and another Multidistrict litigation is pending. American Medical Systems (AMS), a pelvic mesh manufacturer, is filing motions for the centralization and consolidation of all transvaginal mesh lawsuits filed in federal district courts throughout the United States.

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There are currently at least 85 AMS mesh lawsuits filed on behalf of 133 different people, which are pending in 20 different federal district courts. The complaints all involve allegations of design defects associated with various AMS surgical mesh products, including the AMS Apogee, AMS BioArc, AMS Elvate, In-Fast Unltra, MiniArc, Monarc, AMS Perigee, SPARC and Straight-In mesh. The medical devices are implanted in women to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI).

On November 23, AMS filed a motion with the U.S. Judicial Panel on Multidistrict Litigation to consolidate all of the cases for pretrial proceedings in the U.S. District Court for the Eastern District of Minnesota. In the alternative, the medical device manufacturer has proposed that the cases be centralized in the Southern District of West Virginia.

AMS claims that centralizing the cases as part of an MDL, or multidistrict litigation, would serve the convenience of the parties, prevent duplicative discovery and avoid conflicting pretrial rulungs from different judges.

All of the lawsuits allege that problems with the design, manufacturing, testing, marketing or labeling of the AMS vaginal mesh products caused plaintiffs to experience severe complications and permanent injuries.

In July, the FDA issued a warning about the risk of transvaginal mesh problems, especially when used for repair of pelvic organ prolapse. A number of women have filed adverse event reports with the FDA after experiencing infection and erosion of the mesh through the vagina.

From January 1, 2008 through December 31, 2010, the FDA reports that it received 2,874 reports of complications linked to the use of surgical mesh devices meant to treat pelvic organ prolapse (POP) or female stress urinary incontinence (SUI). A review of available data has led the FDA to conclude that there is no evidence that vaginal mesh implants provide any additional benefits when compared to more traditional surgeries to fix POP and SUI.

AMS argues that the cases should be centralized in Minnesota, where they maintain their headquarters and where most of the documents and witnesses are located.The first federal lawsuit involving AMS mesh was filed in September 2008 in the U.S. District Court for the Northern District of California, where 23 of the AMS cases are currently pending.

Only 4 lawsuits are pending in Minnesota, where AMS has proposed the litigation be centralized, and there are only 2 pending in the Southern District of West Virginia, which was identified as the alternative location.

Over the past year, a growing number of Bard Avaulta vaginal mesh lawsuits have also been filed by women who have experienced gynecological problems. All of the complaints involve similar allegations that C.R. Bard’s Avaulta Anterior and Posterior BioSynthetic Support System, which was introduced in 2007, was negligently designed and that the company failed to warn patients of possible complications that can result in severe pain and disfigurement.

In October 2010, the federal Bard Avaulta litigation was consolidated as part of an MDL for pretrial proceedings in the U.S. District Court for the Southern District of West Virginia.

Generic Yaz: Vestura New Name Same Risk

December 4, 2011

Another generic birth control pill based on Yaz has been approved by the FDA, despite concerns that the pill may increase the risk of blood clots including deep vein thrombosis, pulmonary embolism, strokes and heart attacks when compared with older birth control pills.

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Vestura, is manufactured by Watson Pharmaceuticals, containing ethinyl estradiol and drospirenone, a newer “fourth” generation progestin that is only found in the Yaz-family of contraceptives.

Yaz, and an older version known as Yasmin, are two of the most popular birth control pills on the market. Gianvi is a generic Yaz version and Ocella is a generic Yasmin version. Bayer also introduced Beyaz, a newer version, which is not available as a generic, which includes a folate supplement.

Drospirenone is a newer type of progestin that is usually used in combination oral contraceptives that also include estrogen. It was originally introduced by Berlex Laboratories in Yasmin. Once Berlex was acquired by Bayer Healthcare an updated version of Yasmin was introduced called Yaz.

In addition to Yaz, Yasmin and Beyaz, drospirenone is also used in the brand name birth control pill Safyral, as well as generic Yasmin equivalents sold as Ocella, Syeda and Zarah, and generic Yaz equivalents sold as Gianvi and Loryna.

An FDA advisory panel meeting is scheduled for December 8, to evaluate the safety of drospirenone and determine if regulatory actions may be necessary to protect women from a possible risk of blood clot-related injuries.

In October, the FDA released a report that determined drospirenone-based birth control pills may increase the risk of blood clots by 75% over some older birth control pills. And they also doubled the risk of heart attacks and strokes in users who were new to birth control, with some health problems appearing less than three months after women started to take the pills.

Thousands of women throughout the United States are currently filing Yaz, Yasmin, Beyaz and Ocella lawsuits against Bayer after experiencing health problems and side effects.

Actos Cancer and Statute of Limitations

December 3, 2011

The use of Actos, a popular diabetic drug, is associated with an increased risk of bladder cancer. If you have developed bladder cancer as a result of using the drug Actos, then you need to consider the time you have to file a lawsuit for the injuries you have suffered. The right to file a lawsuit is not indefinite and is time limited, this is known as the statute of limitations. You have a certain amount of time to file a personal injury lawsuit, or the claim will expire irrespective of how strong your case is.

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In the United States, personal injury statute of limitations vary from the state to state. Most states have a statute of limitations that runs for two years after the date of the injury. But, it is hard to pin down the starting date of the injury. For example, did the injury occur when the patient first began taking Actos, or was it when the bladder cancer was first diagnosed, or when the victim first realised the link between the bladder cancer and Actos or when the patient had surgery for his bladder cancer?

Typically, the court rules that the statute of limitations starts when the victim should have known about the dangerous side effects of the drug. Sometimes the drug manufacturer makes a public announcement that their drug is causing side effects; then the plaintiff should know about the danger, starting the statute of limitations. Sometimes, the court rules that the statute of limitations begins after the Food and Drug Administration issues a warning about the danger of the drug or makes a "black box warning." At this point, the drug manufacturer’s dangerous drug is public knowledge. In the case of Actos, the FDA went public in June of 2011, and issued a warning.

In most drug injury cases, the victims may have been taking the dangerous drug for many years before the risk became known, for example Accutane and Inflammatory Bowel Disease. Here, the court must extend the statute of limitations to the point at which the danger became public, or most of the people who are harmed will be excluded from claiming compensation.

Multi-District Litigation and Statutes of Limitations
The Court presiding over the representative cases (bellwether trials) will establish damages for all other cases. The jurisdiction for the representative cases was likely chosen for some specific reason, for example because it is the home jurisdiction of the defendant. While the damage caps, procedures, and rules of evidence will be those of jurisdiction handling the representative cases, the statute of limitations will be that of the jurisdiction in which the victim was injured; you retain the statute of limitations of your state, which is two years in Texas, three years in Arkansas etc. Click here to find out the Statute of Limitations in your jurisdiction.

Disclaimer: This blog was created to provide timely information about Actos®. The information on this site is intended for educational purposes only and is not intended for the purpose of providing legal advice, nor the formation of an attorney-client relationship. The information presented is general and may not apply to your specific circumstances.

Actos is a member of a class of drugs known as thiazolidinediones, which have been linked to bladder cancer. Actos side effects include increased risk of congestive heart failure, and an increased risk for bladder cancer. In August 2011, the first lawsuits were filed against Actos manufacturer Takeda Pharmaceuticals blaming the diabetes drug for instances of bladder cancer. Victims are suing for financial compensation for the cost of hospital bills and loss of income, as well as physical and emotional suffering.

Fosamax Settlement Closer in Federal Jaw Litigation

December 2, 2011

Federal judge, Judge Keenan has appointed a law professor to oversee settlement talks in hundreds of Fosamax jaw decay lawsuits filed throughout the United States.

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John Feerick, of the Fordham University School of law was appointed Special Settlement Master on November 22, in the federal multidistrict ligitation (MDL) for all federal lawsuits involving jaw problems from Fosamax.

Feerick will attempt to facilitate a Fosamax settlement agreement between Merck and plaintiffs who claim that the osteoporosis drug caused them to suffer decay of the jaw bone, known as osteonecrosis of the jaw (ONJ).

If the resolution of the Fosamax jaw litigation is not successful, then Judge Keenan may remand individual lawsuits back to the federal district courts where they were originally filed for individual trials throughout the country.

There are currently close to a thousand product liability lawsuits over Fosamax jaw necrosis filed in federal court against Merck, with another two hundred cases pending in New Jersey and other state courts. All of the complaints involve similar claims that Merck failed to adequately warn consumers and doctors about the risk of Fosamax side effects.

Fosamax (alendronate sodium) is an oral bisphosphonate medication, which has been associated with decay of the jawbone when taken long-term or at high doses. With a very long half-life of 10 years, most of the Fosamax claims argue that dose accumulation over time increases the risk of ONJ; where the jaw bone begins to decay and can result in bone showing through the skin. In some cases full or partial jaw removal is required, with resulting facial deformities.

Merck has successfully defended its medication in all but one of the Fosamax jaw cases that have gone to trial so far. In the one trial where the plaintiff was successful in establishing that the medication caused her jaw problems, the jury awarded $8 million in damages from Fosamax. Judge Keenan subsequently ruled that the verdict was excessive and the plaintiff elected to have another trial rather than accepting Keenan’s reduced award of $1.5 million. Merck is currently appealing that verdict on other grounds.

In addition to the jaw litigation, Merck also faces a growing number of Fosamax lawsuits over sudden femur fractures, which have been consolidated before U.S. District Judge Garrett E. Brown, in the U.S. District Court for the District of New Jersey as part of a separate multidistrict litigation (MDL).

BMJ Study: New Hip Implants No Better Than Older Implants

December 1, 2011

According to a new medical study and analysis, irrespective of the implant material, all types of hip replacement devices appear to work the same. The researchers said, the newer, metal-on-metal implants seem to be no more effective than older implants and may sometimes even be more problematic.

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"Metal-on-metal and ceramic-on-ceramic hip implants might not be associated with any advantage, compared with traditional bearings such as metal-on-polyethylene or ceramic-on-polyethylene," said lead researcher Dr. Art Sedrakyan, director of the Patient-Centered Comparative Effectiveness Program at Weill Cornell Medical College in New York City.

Sedrakyan said there is some medical evidence from three large national registries that higher rates of replacement surgery are associated with metal-on-metal implants, compared with metal-on-polyethylene implants. Even for newer implants such as metal-on-metal or ceramic-on-ceramic bearings, their advantage over traditional implants is not clear, Sedrakyan added.

The report was published in the Nov. 29 online edition of the BMJ.

Older hip implants made with metal-on-polyethylene or ceramic-on-polyethylene surfaces are associated with low failure rates. Newer metal-on-metal hip implants have been linked with severe cases of accumulation of metal ions in patients' tissues, a condition called metallosis.

Working with the FDA, Sedrakyan's team looked at the safety and effectiveness of various types of hip implants in 18 studies including more than 3,000 patients and 800,000 operations.

The investigators found no difference between the various types of implants in terms of the patients' quality of life or ability to function normally. "A large and high-quality randomized controlled trial of bearing surfaces in total hip replacement needs to be conducted before any claims of benefit are made," they wrote online in BMJ.

The analysis included 3,139 patients (and 3,404 hips) enrolled in 18 randomized trials or comparative observational studies, and more than 830,000 operations in national registries. The mean age of the patients ranged from 42 to 71. Follow-up ranged from three months to 8.1 years.

In the three largest registries -- from Australia, New Zealand, and England and Wales -- revision rates were higher with metal-on-metal implants compared with metal-on-polyethylene.

Compared with metal-on-polyethylene bearings, ceramic-on-ceramic implants were associated with more revisions in New Zealand, fewer in England and Wales, and a similar number in three other registries. "Only large, longitudinal, multinational registries can provide denominator data for adverse events related to specific implants and allow proper conduct of comparative safety and effectiveness studies, particularly for rare endpoints," they wrote.

To that end, the FDA has started the International Consortium of Orthopedic Registries to lay the groundwork for a worldwide collection of registries.

Zometa Osteonecrosis Jaw Decay Verdict

November 30, 2011

U.S. District Judge James Beaty has rejected an attempt by Novartis to overturn the verdict in a Zometa jaw decay lawsuit. The trial unearthed evidence that suggests the drug maker’s employees intentionally covered up medical evidence of the bone drug’s side effects.

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Novartis was trying to obtain a new trial in a defective drug product liability lawsuit brought by the family of Rita Fussman. The plaintiffs alleged in their lawsuit that the company failed to adequately warn consumers that side effects of Zometa could cause a condition known as osteonecrosis of the jaw (ONJ), where the jaw bone decays and dies.

Last year, a North Carolina jury awarded Fussman’s estate $13 million in compensatory and punitive damages, finding that the company intentionally withheld vital safety information from consumers.

The federal Judge rejected Novartis’ attempt, saying that the jury in the case had sufficient evidence to rule that Novartis could be subjected to punitive damages for intentionally misleading consumers by trying to conceal evidence of Zometa ONJ.

Furthermore the Court said that the jury was presented with “clear and convincing evidence” that Novartis managers intentionally initiated a cover-up of Zometa side effects, and then tried to subvert medical inquiries into the drug. The evidence pointed to the knowledge and approval of the cover-up by high-ranking Novartis officials.

The case was the first bellwether trial in the federal Zometa jaw decay litigation, which involves hundreds of lawsuits that have been consolidated along with similar claims involving Aredia, another chemotherapy drug, as part of a multidistrict litigation (MDL) in the U.S. District Court in Nashville. The case was seen as a test case for how juries would weigh expert testimony, evidence and arguments in future Zometa ONJ lawsuits.

One of the more damaging pieces of evidence presented during the trial was an internal email from a marketing executive that seemed to suggest the company suppressed a report outlining a number of cases where Zometa was linked to ONJ.

Novartis began warning doctors of the potential for jaw damage in 2005, but the lawsuit alleged that Novartis knew about the link much earlier, potentially as early as the 1980s. Fussman began taking Zometa in 2001.

The jury in the North Carolina federal court awarded the family $287,000 in compensatory damages and $12.6 million in punitive damages. However, a punitive damages cap in North Carolina will reduce that amount to three times the compensatory award. Due to tort reform laws, Fussman’s estate only received $1.3 million of the $13 million jury award. Fussman herself died in 2009 of breast cancer.

Aredia (pamidronate disodium) and Zometa (zoledronic acid) are treatments used to reduce bone complications associated with multiple myeloma and bone metastases from solid tumors. Although they are used to strengthen bones, the drugs are part of a class of medications known as bisphosphonates, which have been associated with an increased risk of osteonecrosis of the jaw. The debilitating and painful condition causes decay or death of the jaw bone, often resulting in the need for surgery to remove portions of the jaw.

There are about 600 Aredia and Zometa suits, which have all been consolidated and centralized in U.S. District Court in Nashville as part of a multidistrict litigation, or MDL, for pretrial proceedings. Another 150 lawsuits are currently pending in state courts in New Jersey.

The Zometa lawsuits are similar to more than 900 Fosamax jaw necrosis lawsuits that are pending against Merck & Co. over their oral bisphosphonate medication. Although Fosamax is used to treat osteoporosis and reduce the risk of bone fractures, long term use of the medication has also been linked to an increased risk of jaw osteonecrosis.

Victims Affected By DePuy ASR Hip Implant Recall May Still be Unaware

November 28, 2011

It has now been eighteen months (August 2010) since the DePuy Acetabular Hip Replacement System (ASR Hip) was recalled. Approximately 37,000 DePuy Acetabular Hip Replacement Systems were implanted in the United States.There are many folks who had hip replacement surgery with these one of these devices but remain unaware of the recall or whether or not their hip is defective. It is important for all those who may have been affected—and their family members—to understand the DePuy hip recall and its potential affect on their life.

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The DePuy hip recall involves 29 models of the ASR 100 and 300 Acetabular Implants in cup sizes ranging from 44mm to 70 mm.

The DePuy ASR is a metal-on-metal hip replacement system developed in 2005. Physicians have been warning about problems with metal-on-metal hip implants, which can release metal particles into the body, known as metallosis. The metal particles can damage soft tissue, cause inflammatory reactions and lead to bone loss.

The hip system includes “ball and cup” components to copy the socket and ball of the femur in the human hip. Most hip replacements include both metal and plastic parts. But, the ASR Hip that was recalled was unique in that it puts a metal “ball” component in direct contact with a metal “cup.” This metal-on-metal contact may be at the heart of the problem with the medical device. These new hips achieved U.S. Food and Drug Administration approval to market the devices for use in 2005. They used a shortened approval system (501(k) process) to obtain FDA approval without having to undergo clinical trials.

Fixing the problem usually required the patient to undergo a painful and risky second surgery to replace the replacement. Reports appeared in the media about the problem as early as 2007, and the DePuy device manufacturers knew well before that of the reported issues with the devices. Yet, even after this time, patients were still given the device. Doctors investigating the evidence have explained that the company had significant data early on which indicated that these devices were failing at a far higher rate than other devices.

It wasn’t long before it became known that the DePuy hip defect was likely design-related. In other words it was not a problem with the actual manufacturing of the device but the whole idea of the device itself. Great idea on paper, crappy idea in practice. Even the surgeon that designed the hip admitted in 2008 that the company knew that there were problems with the hip early on. Yet, despite this knowledge the company continued to sell the device—raking in more than $5.4 billion in 2009 alone. It wasn’t until August of 2010 that the device was officially recalled by the FDA. Upon notice of the recall, the company admitted that 13% of all those who received the device may need revision surgery. Approximately 93,000 DePuy ASR hips were implanted worldwide,this amounts to 10-15,000 patients with problems currently. And this number is likely to increase as the failure rate increases with time and may eventually involve all of the 37,000 patients in the US, if they should live that long.

Johnson & Johnson now faces about 3,500 DePuy ASR hip lawsuits and another 500 lawsuits over its DePuy Pinnacle hip system, which are both metal-on-metal hip replacements.

All suits filed in federal district courts throughout the country over problems with the DePuy ASR hip have been consolidated for pretrial proceedings in the U.S. District Court for the Northern District of Ohio as part of an MDL, or multidistrict litigation.

What a mess, I would encourage all patients who have been implanted with a Metal on Metal hip to seek medical opinion and close monitoring of their device. We have not seen the end of the DePuy story and in fact the current number of lawsuits, may represent the tip of the iceberg.

Actos Bladder Cancer: MDL Panel Prepares to Meet

November 26, 2011

A panel of federal judges is scheduled to meet in Savannah, Georgia to hear oral arguments over whether all federal Actos bladder cancer lawsuits should be consolidated under one judge for pretrial proceedings as part of an MDL, or multidistrict litigation.

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All of complaints allege that the plaintiffs developed bladder cancer from Actos. The lawsuits allege that Takeda Pharmaceuticals failed to adequately research their type 2 diabetes drug or warn about the potential bladder cancer side effects of Actos.

The first Actos bladder cancer lawsuit was filed on July 29, 2011, but recently the number of cases has increased over the past four months.

A motion to consolidate the Actos bladder cancer litigation was filed on August 31, by plaintiff Glen Weant and his wife, Nina. At that time, only 11 lawsuits pending in 8 different federal district courts were idenified.

Weant requested that the federal Actos litigation be transferred to the U.S. District Court for the Southern District of Illinois before Judge G. Patrick Murphy. Since then, additional plaintiffs have filed responses proposing other U.S. District Judges to preside over the litigation.

Takeda’s attorneys agree that an Actos MDL should be formed to prevent contradictory rulings and duplicative discovery, the drug maker has proposed that the cases be consolidated in the Northern District of Illinois, where the drug maker is headquartered and where much of the company’s records are located. As an alternative, the drug maker proposed the Western District of Louisiana as an appropriate location for the Actos MDL to be centralized.

Actos (pioglitazone) was approved by FDA to treat Type 2 Diabetes in July, 1999. It is a once-a-day pill that increases the body’s sensitivity to insulin. The medication has grown in popularity in recent years, generating $4.3 billion in sales last year.

FDA officials began reviewing the potential risk of Actos bladder cancer problems in September 2010, after interim data from an on-going 10 year study found that users may face an increased risk the longer they take the drug.

DePuy ASR Hips: Ticking Time Bomb?

November 24, 2011

Folks who are regular readers of my blog, have seen the articles I have written about regarding DePuy ASR Metal on Metal hips. Unfortunately, despite my best efforts to highlight this tragedy, we still get inquiries from potential clients who are unaware and uninformed about the dangers of metallosis.

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We should be shocked at the intolerable and unacceptable suffering caused to thousands of patients fitted with faulty DePuy hip implants and we should demand urgent action from DePuy.

Many of the 96,000 Americans who had received the DePuy metal-on-metal hip replacements, unfortunately need one or more revision surgeries and they also report serious and systemic health problems extending beyond the initial complications caused by the device.

This issue has been described as a ticking time bomb facing many patients. This issue has been extensively documented in my previous blogs. There is no uniform methods or protocols to monitor the levels of cobalt, chromium and other toxic metals which have been recorded in patients with the metal-on-metal prostheses. Even if asymptomatic, many patients have toxic heavy metal levels and sooner or later will need to have the hip removed and replaced. This tragedy is just beginning to unfold.

Also the orthopedic doctors who had implanted these devices, and would still be doing them today, if it was not for the recall last August, are also mostly unhelpful in working up their patients. For all practicable purposes, my clients feel abandoned by their doctors.

Furthermore, DePuy, a subsidiary of Johnson and Johnson, one of the world's largest medical device and pharmaceutical company, has been eerily quiet. They created the mess and now they are missing in action. No corporate news is forthcoming and they are hunkered down in litigation, a siege mentality.

Do they want to settle, clean up the mess and become owners of the problem? Sadly no, they are playing games, waiting for the statute of limitation game to be played out. In the US, most states have a 2 year limitations to bring a product liability suit. For all practicable purposes, the 2 year statute should run by August 2012, 2 years after the recall. If by then, some experts believe, if you have not brought your product liability suit, you may be poured out and lose your day in court forever.

So it is down to the trial lawyers to wade through the mountain of paper that has been produced in discovery during this lawsuit and connect the dots. They are looking for the needle in the haystack, the "killer" documents that point the accusing finger at the company; the "smoking gun" documents that reveal that the company knew about the risks of metallosis and that their metal on metal design was flawed. That, despite having this critical knowledge they proceeded anyway, with conscious indifference, ignoring the risks and making a business decision that the sale revenue of the hips would cover any potential damages to be paid out in litigation.

This is a dangerous calculus, corporate history is littered with examples of this. This was tried with the Ford Pinto in the 1960's, and most recently with Merck's Vioxx, who were dinged by the Justice department to the tune of a billion dollars. Is that what happens in corporate boardrooms with the pencil pushers?

You would think the company would fess up, declare that while it was a good idea on paper, it did not translate into a usable and safe medical device. You would think as all responsible corporate companies, they would own their mistake and open up the check book and make compensation? No, that would be too easy, in this age of corporate greed, in this much maligned and malignant times, the DePuy ASR hips are a canker on the orthopedic world. Pox on you too DePuy.

What ever happened to the Johnson and Johnson of old? The time in distant memory, when there was the Tylenol tampering case, they owned the problem, took decisive steps and cleared all the shelves of the drug and immediately went on a media blitz warning patients of the dangers This was cited as text book damage control and was taught as a model for would be corporate types in business schools around the country, if not the world.

What ever happened to that company and that CEO? Alas, the company now, is no longer the company of yore. It has faded into the annals of time and regulated to the dusty pages of history books and tomes on corporate management. Nobody reads those books any more. You ignore history at your peril.

It is all about corporate greed, putting profits before people and short term gains and short term share price. The corporations of today are boxed in by the "quarter mentality." Everything is short term and the horizons are quarter to quarter. Nobody thinks of year over year or has a 5 year strategic business plan. The modern CEO is all about boosting the share price short term, maximizing short term profits and getting his stock options and then invariably the golden parachute when the chickens come home to roost, when the edifices built collapse around them and it turns out to be just smoke and mirrors and just a facade.

This is symptomatic of the larger world we live in, competition is killing us, the pace of innovation is proceeding at unparalleled speed, it is produce or perish at its maximum. We are losing the competive edge to China and soon this shall all pass. We need to stop and stake stock, are the companies looking to be a 1 year company or build something that lasts?

DePuy and Johnson and Johnson, do the right thing, you know what that is.

Happy Thanksgiving to all.

Yaz, Yasmin & Ocella: Benefits Over Touted?

November 21, 2011

According to company e-mails, Bayer AG, Germany’s largest drugmaker, may have tried to market the Yasmin family of birth- control pills for unapproved uses and misled women about the health risks of the drugs.

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Bayer unit officials discussed promoting the contraceptive known as Yaz, a spinoff of Yasmin, for treatment of all types of premenstrual syndrome, according to Bloomberg news. The FDA approved Yaz only for the most severe form of Pre Menstrual Syndrome (PMS), known as Premenstrual Dysphoric Disorder (PMDD).

Bayer faces more than 10,000 lawsuits over injuries allegedly caused by the contraceptives. The FDA reports of at least 50 deaths tied to the pills from 2004 to 2008. Bayer’s contraceptives, which contain the hormone drospirenone, have been the focus of regulators who question their safety.

In October, the FDA warned that women taking the pills were 74 percent more likely to suffer blood clots than women on other low-estrogen contraceptives. According to the FDA report, the FDA examined data on 835,826 women who took pills containing the hormone, including Bayer’s Yasmin line of birth-control pills. The FDA has scheduled its December 8 hearing on drospirenone- containing contraceptives, because of “the conflicting nature of the findings from six published studies evaluating this risk."

Injured women suing Bayer allege that internal company files show Berlex and Schering officials withheld some information from patients, doctors and the FDA about the drug’s risk for blood-clots. The plaintiffs also allege that company officials wrongfully claimed Yasmin and Yaz to be just as safe as rival birth-control pills.

In January, Bayer is scheduled to face the first mini trials, known as bellwether trials, of lawsuits in which Yaz and Yasmin are alleged to have caused blood clots, which can lead to pulmonary embolism, deep vein thrombosis, heart attacks and strokes. The trials are to take place in Illinois and Pennsylvania.

The FDA said Bayer made misleading claims about Yaz in television advertising, the drugmaker was forced to spend $20 million on correcting the ads. U.S. regulators said in 2008 that Bayer touted the pill’s effectiveness and downplayed “serious risks associated” with it in two 60-second television ads.

Bayer agreed to run new ads stating Yaz hadn’t been approved as a treatment for all forms of PMS or acne as part of a settlement of a claims brought by 27 U.S. state attorneys general.

Bayer bought Schering, then a rival German drugmaker, and its New Jersey-based Berlex unit for $21.8 billion to acquire the Yasmin line of contraceptives.

About 10,400 suits have been filed over injuries allegedly caused by the contraceptives, according to Bayer officials in an October filing with the U.S. Securities and Exchange Commission.

The federal cases are consolidated for pretrial purposes In Re Yasmin and Yaz (Drospirenone) Marketing, Sales Practices and Product Liability Litigation, 09-md-02100, U.S. District Court for the Southern District of Illinois (East St. Louis).

Could Actos suffer the fate of Avandia?

November 19, 2011

Effective today, the diabetes drug Avandia will only be available through certified mail-order pharmacies. These new restrictions are designed to limit the number of people exposed to potential heart side effects of Avandia.

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The FDA allowed Avandia to remain on the market last year, subject to a new risk evaluation and mitigation strategy (REMS). This special program limits sales of the medication to mail order and requires educational programs before it can be prescribed.

Today, is the last day Avandia will be available on retail pharmacy shelves. To continue receiving the medication after this week, healthcare providers and patients must enroll in the Avandia-Rosiglitazone Medicines Access Program.

These new restrictions also affect Avandamet and Avandaryl, which also contain the active pharmaceutical ingredient Rosiglitazone.

The retail market for Avandia has been severely restricted because of an increased risk of heart attacks and heart problems associated with the diabetes medication. According to experts, more than 100,000 heart attacks may have been caused by Avandia since introduction.

A “black box” warning was added to Avandia in the United States in November 2007, but according to many medical experts, the warning was not strong enough and they pressed for the FDA to ban Avandia. Medical studies had revealed that the risks greatly outweigh any minimal benefits.

Thousands of Avandia lawsuits have been filed on behalf of individuals who have suffered serious and sometimes fatal injuries. The complaints allege that GlaxoSmithKline failed to adequately research the side effects of their medication or warn about the potential heart risks. Avandia settlement agreements have been reached in many of the cases, but approximately 20,000 injury lawsuits are still pending in courts throughout the United States.

Actos (pioglitazone) was introduced as a treatment option for type 2 diabetes in July, 1999. And after problems were identified with Avandia, Actos rapidly became a blockbuster drug.

The Actos problems with bladder cancer first surfaced in September 2010, when the FDA released an early communication about interim data from an on-going 10 year study that found Actos users may face an increased risk of bladder cancer. And the risk apparently increased with the duration of use of the medication.

In June 2011, France recalled Actos after a review of public insurance data identified an increased incidence of bladder cancer with Actos use.

In the United States, new Actos cancer warnings were approved by the FDA in August 2011, indicating that patients who use the drug for more than a year may face an increased risk of bladder cancer. So far, the FDA has not issued a "black box" warning, but some experts think that this may happen, as seen with Avandia.

Actos lawsuits throughout the United States have have been filed against the drug manufacturer, Takeda Pharmaceuticals. The complaints allege that Takeda failed to provide adequately warnings for consumers or the medical community about the risk of bladder cancer. Many of the complaints also allege that Takeda should have recalled Actos from the market, arguing similarly to Avandia, the risk of bladder cancer outweighs the minimal benefits.

Hundreds of cases have been filed by Actos users diagnosed with bladder cancer after using the diabetes drug. A panel of judges is scheduled to meet on December 1 to decide whether all federal Actos lawsuits should be consolidated as part of an MDL, or multidistrict litigation.

DePuy Litigation Gaining Momentum Over Recalled ASR Hips

November 17, 2011

Not a day goes by, before more bad news regarding the DePuy ASR and Pinnacle Hip Replacement and Recall issue percolates to the surface. As folks who have been following this story, the DePuy saga continues unabated. This week, our firm filed 3 DePuy ASR lawsuits, in the federal court MDL in Ohio. This is the federal court where the federal filed cases have been consolidated, for pretrial workup. And we are evaluating many more cases of DePuy ASR failures and metallosis.

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On a more interesting note, this month Johnson & Johnson's Third Quarter Earnings Report was published. The quarterly earnings report outlines the various legal proceedings the Company is currently defending.

The report states that "[m]ultiple products of the Company's subsidiaries are subject to product liability claims and lawsuits in which claimants seek substantial compensatory and, where available, punitive damages." This material appears on page 18 of the 10K Report.

The report highlights lawsuits relating to the DePuy ASR hip replacements and the DePuy Pinnacle hip replacements. According to the 10-Q Report, as of October 2, 2011, there were approximately 3,500 pending lawsuits related to the ASR hip implants and 560 related to the Pinnacle hip systems. The 10-Q reports that litigation expenses and additional DePuy ASR hip recall costs of $223 million were recorded in the fiscal nine months of 2011.

The DePuy ASR hip implants and the Pinnacle hip replacements were manufactured by Johnson & Johnson. The lawsuits are filed In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation ("MDL No. 2197"), which is currently underway in the U.S. District Court for the Northern District of Ohio; and In re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation ("MDL No. 2244"), which is currently underway in the U.S. District Court for the Northern District of Texas.

Johnson & Johnson Anticipates Increasing Litigation Over Recalled ASR Hips
The report also provides details regarding the impact of the ASR artificial hip recall, which was initiated in August 2010. The report states that "the number of pending lawsuits continues to increase. The Company continues to receive information with respect to potential costs associated with this recall" and has since established a "product liability accrual" in anticipation of product liability litigation settlements and costs associated with the ASR hip recall.

DePuy ASR Metal Hips: Tip of the Iceberg?

November 15, 2011

Our DePuy ASR Recall and Metallosis team, has been aggressively notifying the general public about the problems and risks associated with the Metal on Metal hips. As explained in the 30 plus articles that I have written, this is a huge problem and that we may be experiencing the tip of the litigation iceberg.

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We can report with confidence that the federal ASR hip replacement lawsuits are increasing on a daily basis, as the knowledge of premature failure and the risks of metallosis, are being brought to the attention of the folks who underwent hip relacement with this type of hip model.

We get electronic notification each time a new DePuy ASR lawsuit is filed in the federal court overseeing this litigation. And our email box has been filling up with these notifications. There is an average of 20 new cases filed daily in the federal multidistrict litigation, In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation ("MDL No. 2197").

There are approximately 2,600 cases currently pending in the DePuy ASR MDL, in the U.S. District Court for the Northern District of Ohio. The Judicial Panel for Multi-District Litigation consolidated all federal cases arising from the DePuy ASR recall in December 2010.

There are over 1,000 related ASR hip cases pending in state courts. 37,000 Americans received the recalled ASR hip implants, and we predict that this litigation is likely to continue.

The U.S. Food and Drug Administration ("FDA") has received more than 5,000 complaints since January about metal-on-metal hip implants. According to the EDA, 75 percent of those complaints involved the recalled ASR XL Acetabular System and the ASR Hip Resurfacing System.

As a medical doctor and trial attorney, who represents clients who were injured by the ASR hip implants and my litigation team are actively filing cases in the DePuy ASR MDL on their behalf, I am not surprised the numbers of claims filed against DePuy, which is a subsidiary of the medical device and pharmaceutical giant, Johnson and Johnson.

It has now been fifteen months since the DePuy ASR was recalled. There are many differing statutes of limitations depending on which state the plaintiff lives in or had the orthopedic surgery. The majority of the states have a 1 or 2 year statute of limitations. Please click here to find out your states' statute of limitation for product liabilty.

Some of these statutes of limitations may have run in some states so it is important for any patient with a DePuy ASR or Pinnacle to get legal advice as soon as possible.

DePuy may wait until many of the state statutes of limitations have expired before begining to settle cases. They do not want the news of settlements, to cause a stampede of lawsuit claims from folks who have waited to then try to file lawsuits for compensation. Any settlement news will trigger an avalanche of DePuy ASR lawsuits.

FDA & YAZ, Yasmin and Ocella Injuries

November 13, 2011

Dr Shezad Malik Law Firm is writing this open letter to the FDA. We are requesting the U.S. Food & Drug Administration (FDA) to complete its ongoing safety review of Yaz, Yasmin and other birth control pills containing the synthetic progestin, drospirenone, as soon as possible.

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Watch a tv video interview I did regarding one of my seriously injured Yaz client.

Recently, a FDA-funded study confirmed that women who use such birth control pills have an increased risk of blood clots (known as venous thrombosis) when compared to women using other hormonal contraceptives made with an older progestin called levonorgestrel.

In a report released October 27, the FDA warned that in the study, women taking pills with drospirenone were 75 percent more likely to experience clots compared to those taking other oral contraceptives.

These results were also confirmed by a recent Israeli medical study. Read the published article here. This is the second time this fall, that the FDA has issued a warning regarding increased blood clots risks associated with drospirenone-containing birth control pills. The latest FDA warning also came just days after the British Medical Journal published a separate study out of Denmark which found that women taking birth control pills with newer progestins, including drospirenone, may double their risk of suffering a blood clot compared to women using other hormonal contraceptives made with levonorgestrel.

Unfortunately, the FDA has not advised women to stop using Yaz, Yasmin and other birth control pills made with drospirenone. The agency has scheduled a joint meeting of the Reproductive Health Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee for December 8, 2011, to discuss the safety of drospirenone birth control pills.

More than 9,000 lawsuits have been filed against Bayer Healthcare Pharmaceuticals, Inc., which markets Yaz and Yasmin in the United States, and Bayer Pharma AG, which manufactures drospirenone and ethinyl estradiol, the progestin and estrogen contained in Yaz and Yasmin. These women allege the following injuries including, strokes, pulmonary emboli, deep vein thrombosis, blood clots, and gallbladder disease.

Particularly worrisome is the number of gallbladder disease and gallstones we are seeing in young women, some as young as 16 years old. Typically the gallbladder disease is a disease of older women in their forties and it is extremely unusual to see such young girls with these types of side effects and to subject them to gallbladder surgery.

The exact mechanism of gallbladder disease and gallstones is not immediately apparent, medical experts think it may be due to the interaction between drospirenone diuretic and antimineralocorticoid action and ethinyl estradiol. It appears to be a signature disease side effect.

Over 7,000 such lawsuits have been consolidated in the Yasmin and Yaz (Drospirenone) Marketing, Sales Practices and Products Liability Litigation (MDL No. 2100) currently pending before the Honorable Judge David R. Herndon in the United States District Court for the Southern District of Illinois.

Drospirenone containing birth control pills: Yaz, Yasmin, Ocella, Safyral, Syeda, Yasmin, Zarah, Gianvi, Loryna.

Actos Dangerous Drug: Bladder Cancer

November 11, 2011

I am writing this Actos update, regarding the Actos dangerous drug cancer side effects.

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Actos (pioglitazone) is a medication manufactured and sold by Takeda Pharmaceuticals for treatment of Type 2 diabetes. The drug is part of the same class of medications as Avandia (rosiglitazone), which has been linked to an increased risk of heart attacks.

What is Actos?
Actos or Pioglitazone is used with a diet and exercise program and sometimes with other medications, to treat type 2 diabetes. Pioglitazone is in a class of medications called thiazolidinediones. It works by increasing the body's sensitivity to insulin, a hormone that controls blood sugar levels. Pioglitazone is not used to treat type 1 diabetes or diabetic ketoacidosis.

Fast FDA Facts About Actos
*Sold as a single-ingredient product under the brand-name Actos. Also sold in combination with metformin (Actoplus Met, Actoplus Met XR) and glimepiride (Duetact).
*Used along with diet and exercise to improve control of blood sugar in adults with type 2 diabetes mellitus.
*From January 2010 through October 2010, approximately 2.3 million patients filled a prescription for a pioglitazone-containing product from outpatient retail pharmacies.

Diabetes Drug Actos Bladder Cancer Risks
The FDA has issued a new warning of increased bladder cancer risk associated with use of the diabetes drug Actos (pioglitazone).The agency's warning comes five days after Germany and France pulled Actos from the market.

The warning comes after a review of data from a five-year analysis of an ongoing study of Actos by the manufacturer, Takeda Pharmaceuticals.The results show that although there was no increased risk of bladder cancer among Actos users overall, there was an increased risk of bladder cancer among those who had used the drug the longest. There was also a greater risk of bladder cancer among Actos users who had been exposed to the highest cumulative dose of the drug.

According to the FDA, Actos should not be prescribed to people with bladder cancer or people with a history of bladder cancer.Some medical experts believe that an Actos recall is imminent or that new warnings about the risk of bladder cancer from Actos should be added to the medication.

Research Data Summary
To address the long-term risk of bladder cancer associated with pioglitazone use, the drug manufacturer (Takeda) is conducting a ten-year, observational cohort study in patients with diabetes who are members of Kaiser Permanente Northern California (KPNC) health plan. Patients selected in this study had diabetes mellitus and were ≥40 years of age at study entry. The study group included 193,099 patients with diabetes.

The primary outcome of the cohort study is an incident (new) diagnosis of bladder cancer identified from the KPNC cancer registry. A planned five-year interim analysis was performed with data collected from January 1, 1997 through April 30, 2008.

The results showed that after adjusting for risk factors, there was no significant increase in the risk for bladder cancer in patients ever exposed to pioglitazone compared to patients never exposed to pioglitazone.

But, the risk of bladder cancer increased with increasing dose and duration of pioglitazone use. Compared to never being exposed to pioglitazone, a duration of pioglitazone therapy longer than 12 months was associated with a 40% increase in risk. The hazard ratio after more than 24 months of pioglitazone use was 1.4. Based on these data, FDA calculated that duration of therapy longer than 12 months was associated with 27.5 excess cases of bladder cancer per 100,000 person-years follow-up, compared to never use of pioglitazone.

Possible signs or symptoms of Actos bladder cancer may include:

Blood in the Urine
Pain During Urination (Dysuria)
Frequent Urination
Feeling of Need to Urinate Without Results

Although it appears that information about the risk of Actos cancer problems has been known to the manufacturer for some time, inadequate warnings were provided to consumers and medical doctors. Further, it appears that the manufacturer may have placed their desire for profits ahead of patient safety by failing to adequately warn about the potential risk of bladder cancer.

Dangerous Risks of Yaz Birth Control Side Effects

November 9, 2011

The steady drum beat of adverse medical reports and deadly side effects about the popular Yaz birth control pill and its variations continue to surface. Again another medical study has found that side effects of Yaz and Yasmin birth control increase the risk of a pulmonary embolism, deep vein thrombosis or stroke blood clot injury, when compared to older birth control pills.

Israeli researchers, in a report out this week, say they found that drospirenone-based birth control pills increased the risk of venous thromboembolism by as much as 65 percent. This is the latest new study published on-line this week by the Canadian Medical Association Journal. There has been a flood of new studies in recent weeks to confirm the risk of blood clots from Yaz birth control.

The study on more than 300,000 Israeli women, found that women taking Yaz and Yasmin, which contain the fourth-generation progestin drospirenone, were 65% more likely to suffer blood clots than women taking levonorgestrel and other so-called second generation oral contraceptives.

The newer birth control pills were only slightly better against third-generation birth control with a 43% increased blood clot risk. The study failed to find any evidence of increased risk of heart attacks or strokes.

Venous thromboembolisms most commonly form in the leg veins, but can travel to the lungs, where they cause a pulmonary embolism.

It has long been known that women on the Pill have a small, although higher-than-average risk of blood clots. But recent studies have suggested the risk may be relatively higher with pills containing drospirenone—which include Yaz, Yasmin, Beyaz and Safyral, along with their generic equivalents.

This study is only the latest evidence that the Bayer birth control Yaz and Yasmin pills are likely more dangerous than older birth control pills. Other medical studies in Europe and including one by the FDA, have come to similar conclusions.

Less than two weeks ago the FDA released a new drug safety report that found Yaz, Yasmin birth control side effects increased the blood clot risk by as much as 75% when compared to older oral contraceptives. That report was based on records for more than 800,000 U.S. women who used the Pill between 2001 and 2007.

A third study, published last month in the British Medical Journal, found that women taking newer birth control pills, including Yaz and Yasmin, may face twice the risk of developing blood clots when compared to women taking levonorgestrel birth control pills.

An FDA advisory committee is scheduled to examine the data surrounding the risk of health problems from Yaz and Yasmin at a meeting in December 8.

Drospirenone is a newer type of synthetic version of progesterone, that is used in combination oral contraceptives that also include estrogen. It was originally introduced by Berlex Laboratories in Yasmin. Once Berlex was acquired by Bayer Healthcare an updated version of Yasmin was introduced called Yaz. More recently, Bayer introduced a third version, marketed as Beyaz, which includes a folate supplement. Generic versions of Yaz and Yasmin are also now available from other manufacturers. Generic versions of Yaz and Yasmin include Ocella, Gianvi, Loryna, Safyral, Syeda and Zarah.

The findings of these recent studies appear to confirm the allegations brought in thousands of Yaz lawsuits and Yasmin lawsuits filed on behalf of women who experienced serious and sometimes deadly blood clots after using the birth control pills. The plaintiffs complaint alleges that Bayer failed to adequately warn about the increased risk of blood clots from Yaz and Yasmin. Furthermore the plaintiffs complain that Bayer placed their desire for profits ahead of patient safety by minimizing the known risk in aggressive direct-to-consumer advertisements for the birth control pills.

Bayer is aggressively defending itself, denying any liability and points to its own post-marketing studies that have failed to turn up a heightened clot risk with drospirenone contraceptives versus older ones.

Medtronic Infuse Bone Graft Cancer Concerns

November 5, 2011

According to the findings of a new medical study, presented at the North American Spine Society, Medtronic’s Infuse bone graft product maybe linked to an increased risk of cancer.

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There is growing concerns over a potential risk of cancer from Medtronic Infuse, which contains rhBMP-2, a bioengineered bone growth protein. Research indicates that a higher-dose formulation of Infuse, known as Amplify, has been linked to a significantly higher number of cancers than were found among those who received a traditional bone graft.

The data had been given to the Food and Drug Administration by Medtronic when it sought approval to market a high-strength version of an existing bone growth product Infuse. Based on those study findings, the F.D.A. rejected that higher-dose formulation, known as Amplify, citing concern about cancer risks.

Patients implanted with rhBMP-2 were 2.5 times more likely to develop cancer within the next year than those who were not implanted with the Amplify product. That risk increased fivefold after three years. Types of cancer linked to Medtronic Infuse bone growth could include breast cancer, pancreatic cancer and prostate cancer.

While researchers indicate that Infuse is probably not a carcinogen itself, if it is linked to a higher cancer risk, it is probably as a cancer promoter.

The study, was headed by Dr. Eugene Carragee, editor-in-chief of the Spine Journal and a professor at Stanford University School of Medicine. Carragee authored a report in June that found that 10% to 50% of Infuse recipients experienced complications during the clinical trials, including cancer, pain, infections and sterility. Those problems were not mentioned in studies published by researchers with financial ties to Medtronic.

According to Dr. Carragee, doctors often administered Infuse off-label at levels significantly above the recommended dosages, ones that approach or exceed the amount of rhBMP-2 found in a dose of Amplify. “This information requires careful consideration because of the large number of patients receiving high doses” of Infuse, adding that he was particularly concerned about its use in certain patients like smokers or those with genetic factors that put them at higher risk for cancer.

Medtronic Infuse is used to encourage bone growth and replace spinal disks by filling the gaps between vertebrae. It was approved by the FDA in 2002.

Besides fears of sterility and cancer, Medtronic Infuse side effects are also suspected of including serious and life-threatening complications caused by airway compression when used “off-label” in the cervical spine.

A number of patients have had to receive respiratory support tracheotomies, insertion of feeding tubes, and additional surgery after experiencing problems with Medtronic Infuse after a cervical spine surgery.

This has often been caused by swelling of the neck and led to an FDA warning to healthcare providers in July 2008 that highlighted at least 38 reports of cervical spine fusion problems with Infuse. Most of these Medtronic Infuse problems occurred within 2 to 14 days after surgery.

To read more information, please click here.

NuvaRing Risks Raises Venous Thromboembolic Events 56%

November 3, 2011

Medical data from a new FDA funded study indicates that the NuvaRing birth control may cause women to face a 56% higher risk of blood clots than those who take older birth control pills.

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NuvaRing is a female birth control device consisting of a medicated flexible ring. NuvaRing releases a combination of etonogestrel and ethinyl estradiol through a ring that is inserted into the vagina once a month. The drugs are a combination of ethinyl estradiol and etonogestrel, which is known as a “third generation” progestin.

NuvaRing is a form of birth control that releases a combination of etonogestrel and ethinyl estradiol through a ring that is inserted into the vagina once a month.

Recently, the FDA released data from a birth control study that reviewed a range of female birth control products and compared them to older drugs to determine the risk of blood clots. Newer progestin-based birth control were found to carry a much higher risk of blood clots, or venous thromboembolic events (VTE), than older drugs like levonorgestrel.

Medical researchers looked at medical data on about 800,000 women from 2001 to 2007, and found that women who used NuvaRing were 56% more likely to suffer a VTE than their levonorgestrel-using counterparts. VTE includes deep vein thrombosis (blood clots in the legs) and pulmonary embolisms (blood clots in the lungs). Women were also at higher risk of arterial thrombotic events (ATE), which can include heart attacks and strokes.

FDA researchers suggested that use of the NuvaRing led to higher sustained exposure to estrogen, which could be the reason the VTE risk is higher. The same study found that drospirenone-based drugs like Yaz and Yasmin increased blood clot risk by 75%.

This data provides further scientific support for claims brought by hundreds of women throughout the United States, who have filed a NuvaRing lawsuit against the manufacturer, Organon and Merck, after suffering serious and fatal injuries from a blood clot. The complaints allege that the manufacturers failed to properly research the birth control ring or warn about the risk of health problems from NuvaRing.

Organon, a subsidiary of Merck, failed to conduct adequate studies that would have revealed the risk of blood clots from Nuvaring before it was introduced into the U.S. market, according to allegations by the plaintiffs. They claim that physicians would have never prescribed the Nuvaring had the true risks of blood clots and pulmonary embolism been properly communicated by the manufacturers.

MANUFACTURERS: Organon Pharmaceuticals USA Inc., Organon USA Inc., Organon International Inc., Schering Plough Corp., and Akzo Nobel NV.

All NuvaRing federal lawsuits have been consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation, before Judge Rodney Sippel in the U.S. District Court for the Eastern District of Missouri. The first NuvaRing bellwether trials are expected to begin in 2012. The complaints all involve similar allegations that women suffered blood clots as a result of NuvaRing side effects, leading to injuries like a stroke, heart attack, pulmonary embolism, deep vein thrombosis (DVT) or sudden death. The claims argue that the drug makers failed to adequately research the birth control ring or warn about the potential increased risk of these serious problems.

The bellwether process is common in complex litigation involving a number of claims that raise similar allegations. By selecting a small group of cases for an early trial, the parties are able to get an idea how a jury is likely to respond to evidence and testimony that may be similar to what would be presented in other cases. The outcome of these trials often shapes the litigation and may ultimately lead to an agreement to settle NuvaRing birth control lawsuits by the drug maker.

To read more and visit my website, please click here.

Metal-on-Metal Hip Implants Risks Outweigh Benefits

November 1, 2011

A group of medical researchers and scientists have determined that the potential risks from metal-on-metal hip implants may outweigh any health benefits provided by these devices.

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This is because of higher revision rates are linked to the newer hip replacement designs and the mounting and growing concerns about metal ion blood poisoning, known as metallosis.

The California Technology Assessment Forum (CTAF) has released an assessment of the benefits and effectiveness of using metal on metal hip replacements as an alternative to total hip arthroplasty, and they concluded that the relatively new metal hip implants may not be worth the risk.

The assessment (PDF) is the third time the group has reviewed metal-on-metal hip implants, and the group says that questions and concerns about the technology that were present years ago are still important today.

Because of high revision rates and the risk of metallosis, caused by cobalt and chromium particles shed by metal-on-metal implants, the group concluded that “there is clearly no evidence that the potential benefits outweigh the potential risks.”

After they were introduced, metal-on-metal hip implants accounted for about 1/3 of the 250,000 hip replacements performed each year in the United States. Over the past two years, concerns have increased about metal hip replacement complications, resulting in use of the implants dropping to just 5% of the artificial hip market.

Research suggests that as the metal hip replacement ball and socket grind against each other, microscopic particles of cobalt and chromium are shed into the body, which results in metal poisoning. This metallosis may result in soft tissue damage, inflammatory reactions, bone loss, aseptic and local necrosis that may lead to the need for a hip revision surgery.

In May 2011, the FDA requested artificial hip manufacturers to provide more data on problems with metal poisoning and metal implants.

Attention on the metal-on-metal hip implant risks increased after the DePuy ASR hip recall in August 2010. The DePuy metal-on-metal artificial hip system is no longer available after more than 90,000 components were sold throughout the world.

More than 1,000 people have already filed a DePuy ASR hip replacement lawsuit due to complications caused by the recalled system. These lawsuits have been centralized in the Northern District of Ohio for pre-trial consolidation. To make matters worse, DePuy Orthopaedics additionally faces a growing number of DePuy Pinnacle hip lawsuits filed as a result of problems associated with their other metal-on-metal artificial hip implant. These lawsuits have been centralized in the Northern District of Texas, for pre-trial consolidation. To date a DePuy Pinnacle hip recall has not been issued, and these lawsuits also allege that these older system features similar design defects that increase the risk of early loosening or failure.

Yaz, Yasmin & Ocella Pulmonary Embolism Lawsuits

October 28, 2011

As a Yaz, Yasmin and Ocella Pulmonary Embolism attorney and Texas Medical doctor, I am providing this blood clot side effect update.

Women taking pills containing the hormone drospirenone were 74 percent more likely to experience clots than those on low- estrogen pills, according to the latest Food and Drug Administration report.

There is an FDA conference in December that is going to examine and address the health risks associated with birth control pills Yaz and Yasmin. Thousands of patients have already filed a Yaz or Yasmin lawsuits against pharmaceutical manufacturer Bayer Corporation. The injured plaintiffs claim that the drugmaker aggressively highlighted the birth control pills benefits while minimizing the serious side effects such as Yaz deep vein thrombosis, pulmonary embolism, stroke and death.

FDA Investigates Yaz, Yasmin and Ocella Increased Blood Clots Side Effects
The FDA has been investigating the health risks associated with Yaz, Yasmin and Ocella. In 2011, the FDA has issue two warnings about the birth control pills, indicating that the national health agency “remains concerned” about the increased risk of blood clots and other potentially life-threatening side effects associated with the birth control pills.

Yaz and its predecessor, Yasmin and the generic version, Ocella, all contain a synthetic female sex hormone known as drospirenone. Medical studies show that all birth control pills have an increased risk of blood clots, but the risk is even greater with drospirenone-containing pills such as Yaz, Yasmin and Ocella.

The FDA is set to hold a meeting with the Reproductive Health Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee on December 8 to comb through the mass of “conflicting” data concerning Yasmin, Yaz and Ocella blood clots.

The recommendations of that FDA meeting could have profound implications and affect the outcome of the Yaz lawsuits. The FDA may revise the drug labels again (revised in 2010 and 2011), or issue stricter warnings regarding the birth control bills or may even ban the pills from the market altogether due to the dangers of Yaz blood clots. The last scenario is highly unlikely.

Texas Vaginal Mesh / Bladder Sling Lawsuits

October 27, 2011

As a Transvaginal Mesh recall attorney and Texas medical doctor, our law firm is fielding many calls from concerned women regarding the complications they are suffering as a result of a defective mesh medical device that has been implanted.

watch the abc news video here

One of the most frustrating things our potential clients tells us is that they do not know what type of device has been implanted. To complicate matters even more, there are about 11 manufacturers of these Vaginal Mesh devices in the United States and also each company has several models and types of vaginal mesh product.

Invariably these women have had redo surgeries with more hardware implanted but they are still symptomatic and experiencing side effects. To make things easier for these potential Trans Vaginal Mesh victims, I have listed here a list of the 5 largest manufacturers and the commonly used mesh devices and the types of product that may have been implicated as being defective or those that have been recalled.

Hopefully this blog will provide a "one stop shop" that folks can review and refer to in their search for vital information and to see if they may have a claim.

In the United States, data from mesh manufacturers reveal that in 2010 approximately 300,000 women underwent surgical procedures to repair Pelvic Organ Prolapse, POP and approximately 260,000 underwent surgical procedures to repair Stress Urinary Incontinence, SUI.

According to mesh manufacturers, approximately one out of three POP surgeries used mesh and three out of four of the mesh POP procedures were done transvaginally. Over 80 percent were done transvaginally with mesh.

Transvaginal Mesh Brands – Johnson & Johnson Ethicon Women’s Health
Several hundred lawsuits are pending in New Jersey state court against Ethicon for injuries allegedly caused by several transvaginal mesh products. Lawsuits claim that Johnson & Johnson knew that Ethicon TVT products were unreasonably dangerous but continued to manufacture and sell them regardless.

Brand names of Johnson & Johnson/Ethicon’s transvaginal mesh patches include:

Ethicon TVT
Gynecare TVT Sling
Gynecare Gynemesh
Gynecare Prolift Mesh
Gynecare Prolene Mesh
Prolene Polypropylene Mesh Patch
Secur

TVT = tension-free vaginal tape

Transvaginal Mesh Brands – C.R. Bard

These cases are consolidated as part of the federal Bard Avaulta litigation, which was centralized last year in West Virginia for coordinated pretrial proceedings.

In October 2010, the U.S. Judicial Panel on Multidistrict litigation ordered that all federal Bard Avaulta pelvic mesh lawsuits be consolidated before U.S. District Judge Joseph R. Goodwin in the Southern District of West Virginia as part of an MDL, or multidistrict litigation.

Brand names of Bard’s transvaginal mesh patches:

Avaulta Plus™
BioSynthetic Support System
Avaulta Solo™
Synthetic Support System,
Faslata® Allograft
Align
Pelvicol ® Tissue
PelviSoft® Biomesh
Pelvitex™ Polypropylene Mesh
Pelvilace
Uretex
Ugytex


Transvaginal Mesh Brands – American Medical Systems, Boston Scientific
SPARC® is a type of transvaginal mesh patch produced by American Medical Systems (AMS) designed to treat stress incontinence.

In recent months, a growing number women throughout the United States have filed a transvaginal pelvic mesh lawsuit against Boston Scientific and other manufacturers raising similar allegations. The products, which are commonly used for repair of pelvic organ prolapse (POP) and female stress urinary incontinence (SUI) have been found to erode through the vagina, shrink, cause infection, pain and other complications.

Boston Scientific transvaginal mesh patch brands include:

Advantage™ Sling System
Lynx™ Suprapubic Mid-Urethral Sling System
Obtryx® Curved Single
Obtryx® Mesh Sling
Prefyx Mid U™ Mesh Sling System
Prefyx PPS™ System

All these systems use Advantage® Mesh - The Advantage Mesh is designed to reduce the risks of mesh deformation during tensioning and irritation to the anterior vaginal wall.

American Medical Systems SPARC Transvaginal Mesh Implants

Several different companies, including Minnesota based American Medical Systems, manufacture transvaginal mesh product to treat urinary incontinence and other conditions such as pelvic organ prolapse.

The American Medical Systems SPARC Transvaginal Mesh Approach

The SPARC system is a mesh sling that is put under the urethra to support it during normal daily activities. According to American Medical Systems, most patients regain continence almost immediately after surgery. It is marketed as an outpatient, minimally invasive treatment that can have significant and long term benefits for the patient.

American Medical Systems manufactures numerous products, known as pelvic mesh, vaginal mesh, and bladder slings, designed to treat pelvic organ prolapse and/or stress urinary incontinence. These products include: Apogee, Perigee, Elevate, SPARC, MiniArc, MinArc Precise and Monarc.

Please search this blog for other Vaginal Mesh articles, frequent updates and important information.

Texas Vaginal Mesh / Bladder Sling Lawsuits

October 25, 2011

Vaginal Mesh / Bladder Sling attorneys are currently evaluating and investigating the latest medical device tragedy to be afflicting women of a certain age.

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Countless women who had a vaginal mesh or bladder sling medical device implanted to treat pelvic organ prolapse have experienced life altering internal injuries, urinary problems and other significant medical complications as a result of problems with the mesh, which may actually provide no real benefit over other surgical methods of treating pelvic organ prolapse.

Vaginal Mesh Lawsuit Update
Many personal injury cases have been filed throughout the United States by women who experienced complications as a result of the defective and negligent design of a vaginal mesh pelvic support system.

Vaginal mesh, which is also referred to as a pelvic mesh, is a surgical product that is implanted into the vaginal area to prevent pelvic organ prolapse (POP), which can occur in women after childbirth or surgery. Pelvic organ prolapse causes the uterus or womb to fall into the vaginal area, which can also lead to the bladder and bowels slipping out of place and putting pressure on the vagina, causing considerable pain and discomfort, as well as urinary incontinence.

Complaints over vaginal mesh implants claim that negligent designs increase the risk that women may suffer severe complications, physical pain and suffering, deformity and the need for additional corrective surgery. Furthermore, the FDA acknowledged in July 2011 that there is no evidence that vaginal mesh bladder sling surgery provides any greater clinical benefit than non-mesh surgeries.

Vaginal Mesh Injuries
The FDA issued a statement about all vaginal mesh implants in July 2011, indicating that the agency has received thousands of reports of complications after the bladder sling mesh has been implanted, and also warn of an increased risk of organs being punctured during the surgery to implant the devices.

Complications with vaginal sling implants reported by women include:

Infection
Erosion of the mesh into the vagina
Recurrences of prolapse
Urinary problems
Bowel, bladder and blood-vessel perforations
Injury to nearby organs
Pain during sexual intercourse

In many cases, transvaginal sling problems have required multiple surgeries to remove the mesh. Even after surgery, women may be left with permanent and disfiguring injuries.

Bladder Cancer Risk Actos: Recall Not Recommended in Europe,

October 24, 2011

As an Actos Blader Cancer attorney and Texas medical doctor, I am providing this latest update regarding the diabetic drug, Actos.

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The European Medicines Agency (EMA) issued an update on the safety concerns for Actos on October 21, indicating that the drug is still a valid diabetes treatment. But, due to the Actos bladder cancer risk, it should only be used when other treatments have failed. This update is similar to the latest one issued by United States regulators.

Watch the ABC News report here.

European drug regulators indicate that they are not recommending an Actos recall, even though the diabetes drug has been linked to an increased risk of bladder cancer. Instead, doctors have been recommended to only use Actos as a second or third line treatment options for diabetics.

The statement is meant to add information to the July opinion by the EMA’s Committee for Medicinal Products for Human Use (CHMP), which confirmed that the side effects of Actos include a risk of bladder cancer.

CHMP determined that while there was a risk of bladder cancer, there are still some diabetes patients for whom the risk was manageable because other drugs fail to bring their diabetes under control. The committee recommended careful screening of patients being prescribed the drug and close monitoring while they are on Actos to watch for signs of bladder cancer. The European Commission still has to agree to adopt the opinion as a decision.

Actos (pioglitazone) was introduced as a treatment option for type 2 diabetes in July, 1999. Until recently, it was Takeda Pharmaceuticals’ best-selling drug, with sales of $3.4 billion last year.

In June, France required a recall of Actos after a review of public insurance data identified an increased incidence of bladder cancer with Actos use.

FDA officials began reviewing the potential risk of Actos bladder cancer problems in September 2010, after interim data from an on-going 10 year study found that users may face an increased risk the longer they take the drug.

In the United States, new Actos cancer warnings were approved by the FDA in August 2011, indicating that patients who use the drug for more than a year may face an increased risk of bladder cancer.

A growing number of individuals throughout the U.S. are filing an Actos bladder cancer lawsuit against Takeda, alleging that the drug maker failed to provide adequate warnings for consumers or the medical community. Many of the complaints indicate that Takeda should have removed Actos from the market, arguing that the risk of bladder cancer outweighs the minimal benefits.

Some expert estimates suggest that more than 1,000 cases may ultimately be included as part of the Actos litigation. A panel of judges is scheduled to meet on December 1 to decide whether all federal Actos lawsuits should be consolidated as part of an MDL, or multidistrict litigation.

J&J Vaginal Mesh Approved by FDA Based on Recalled Device

October 23, 2011

As a Johnson & Johnson Gynecare TVT Trans Vaginal Mesh injury attorney and Texas medical doctor, I am providing this timely update.

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Johnson & Johnson (JNJ), the world’s second-biggest health-care products maker, is facing many lawsuits over its Gynecare TVT vaginal implant. The Gynecare TVT implant is based on a similar device pulled from the medical device market more than a decade ago for safety reasons.

The lawsuits are the latest to implicate the shoddy and perfunctory approval process for medical devices at the U.S. Food and Drug Administration, which has cleared faulty hip implants and malfunctioning defibrillators.

In the case of vaginal mesh implants, the FDA continued approving the mesh devices made by J&J and other companies based on their similarity to Boston Scientific Corp’s ProteGen even after it was pulled amid safety complaints. Today, the makers of the entire category of implants face more than 600 lawsuits from women who claim the devices caused serious injury.

The devices treat urinary incontinence and pelvic organ prolapse, in which internal organs slump into the vagina. They were allowed on the market as result of the agency’s approval process, known as 510(k), which relies on the premise that if one device has been cleared by the FDA then similar devices need little if any testing in patients.

In July, the FDA issued a statement saying it is unclear whether prolapse implants provide any benefit over traditional surgery. The statement came three years after the agency first acknowledged a problem in a 2008 report that said mesh complications were serious. An advisory panel of physicians said last month that the FDA should demand more clinical testing of the devices.

According to J&J, its vaginal mesh products are safe and the J&J's Gynecare TVT was based on the Boston Scientific product.

But according to 510(k) critics, the chain of approvals that began with Boston Scientific’s device highlight a major flaw in the 510(k) process. The system lets manufacturers get clearance for a product by citing its similarity to an already approved device, known as a “predicate.” That second device can be cited as the basis for a third, the third to clear a fourth and so on. And if a first device is recalled, they don’t necessarily look at the second, third or fourth device that are based on that.

The unfortunate Vaginal Mesh story began in 1996, when Boston Scientific gained clearance for ProteGen, the first vaginally implanted mesh designed specifically to treat incontinence. Two years later, J&J won approval for a similar device, called Gynecare TVT. Under the 510(k) system, J&J was not required to conduct human testing because the company claimed its device was “substantially equivalent” to the Boston Scientific device.

A year later, Boston Scientific voluntarily pulled about 20,000 ProteGen meshes, saying it had received 123 reports of problems, including discomfort, pain during sex, and erosion of vaginal tissue. But J&J and at least two other manufacturers, American Medical Systems and Covidien Plc (COV), soon came out with products that traced their design back to ProteGen.

The FDA has said it does not know the number of women who have received the implants since 1998, though it estimates almost 300,000 were used in 2010. All of the devices were approved through the 35-year-old 510(k) system, used by the FDA to review some 90 percent of device applications each year. The same process was used to clear the 93,000 artificial hips pulled by J&J last year due to high failure rates, as well as hundreds of external heart defibrillators recalled since 2005 by Minneapolis-based Medtronic Inc. (MDT)

J&J named ProteGen as a basis for the Gynecare TVT, noting in its application that “technologically, both the new device and predicate device are the same.” By that time, complaints about Boston Scientific’s device were already reaching the FDA. A year after J&J’s TVT won clearance, Boston Scientific voluntarily recalled about 20,000 of its meshes.

J&J’s Gynecare TVT later became a predicate for the IVS Tunneller I, made by Dublin-based Covidien, and the Sparc Sling, made by the American Medical Systems unit of Endo Pharmaceuticals Holdings Inc. (ENDP), based in Chadds Ford, Pennsylvania. Those, in turn, were cited to clear future versions, each said to be “substantially equivalent” to its predecessors, according to FDA records. In 2003, Boston Scientific settled 738 suits over its mesh for an undisclosed sum.

The safety debate has presented a dilemma for manufacturers, who have avoided clinical tests for the devices by calling them similar to one another and now say the products have advanced far beyond the earlier versions.

The FDA advisory panel disagreed. The 17-member group, comprised mostly of pelvic surgeons, recommended at last month’s hearing that some vaginal meshes be reclassified as high-risk devices requiring new studies to stay on the market.

The FDA appears to be inching toward a decision. At the September hearing, Colin Pollard, director of the FDA’s obstetrics and gynecology devices branch, said it may take as long as three years to issue new rules. Until then, current models can stay on the market, he said.

Consolidation of Plavix Lawsuits in Federal Court

October 19, 2011

As a Plavix Dangerous Drug attorney and Texas medical doctor, I am providing this Plavix litigation update.

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Plavix manufacturers Bristol-Myers Squibb and Sanofi-Aventis are calling for the centralization and consolidation of all Plavix lawsuits filed in federal courts throughout the United States on behalf of users of their blockbuster blood thinner who allege that side effects of Plavix resulted in serious personal injuries and even death.

The U.S. Judicial Panel on Multidistrict Litigation will hold a hearing On December 1, to determine whether at least 13 lawsuits over Plavix filed in New Jersey, New York and Arizona should be centralized before one judge for coordinated handling during pretrial proceedings.

Bristol-Myers Squibb and Sanofi-Aventis are arguing that centralizing the cases before Judge Freda Wolfson in the U.S. District Court for the District of New Jersey would serve the convenience of the parties, prevent duplicative discovery and conflicting pretrial rulings from different judges.

The Plavix suits allege that the drug makers failed to adequately research their medication or warn about the risk of Plavix side effects, which could increase the risk of serious and potentially life-threatening bleeding, as well as a rare blood disorder known as thrombotic thrombocytopenic purpura (TTP).

In filed opposition statements, plaintiffs gave a number of reasons they feel consolidation would further slow their cases. The plaintiffs argue that the New Jersey cases are advanced in their depositions, and combining them with the cases from New York and Arizona would slow things down considerably. They also claim that the non-New Jersey cases are much newer and will involve recent events, like the FDA’s 2010 black box warning that some genetic traits prevent Plavix from being effective, that are irrelevant to the New Jersey cases.

The U.S. Food and Drug Administration on March 2010, added a boxed warning to the anti-blood clotting drug Plavix (clopidogrel), alerting patients and health care professionals that the drug can be less effective in people who cannot metabolize the drug to convert it to its active form.

Plavix reduces the risk of heart attack, unstable angina, stroke, and cardiovascular death in patients with cardiovascular disease by making platelets less likely to form blood clots. Plavix does not have its anti-platelet effects until it is metabolized into its active form by the liver enzyme, CYP2C19.

People who have reduced functioning of their CYP2C19 liver enzyme cannot effectively convert Plavix to its active form. As a result, Plavix may be less effective in altering platelet activity in those people. These “poor metabolizers” may not receive the full benefit of Plavix treatment and may remain at risk for heart attack, stroke, and cardiovascular death.

Defendants argue that the cases all involve common fact issues surrounding the drug makers’ research and development of Plavix. They also argue that the timing for consolidation is appropriate, as no single case has reached the phase of depositions of “common” fact and expert witnesses who may have knowledge relevant to all Plavix suits.

Plavix (clopidogrel) is prescribed to prevent blood platelets from sticking together to form clots. It is often prescribed to reduce the risk of heart attacks, strokes and blood clotting when drug coated stents are used in patients with arteriosclerosis and in other at-risk patients.

Plaintiffs allege that they suffered injuries as a result of their unnecessary use of Plavix, such as gastrointestinal bleeding, severe ulcers and a rare blood disorder known as TTP. Some complaints also allege that Plavix did not provide the promoted benefit of reducing the risk of a heart attack or stroke, raising questions about the effectiveness of Plavix among some users.

In November 2009, the FDA issued a public health advisory warning that side effects of Prilosec may interfere with Plavix effectiveness, increasing the risk of heart attack, death or other injuries for patients.

In March 2010, a Plavix “black box” warning was added to alert patients and healthcare professionals that the anti-clotting drug may not work in some patients due to genetics. The FDA indicated that a genetic test is available to determine whether patients are able to metabolize Plavix efficiently and suggested that doctors should consider another medication for at-risk patients who are confirmed to have the gene variant.

Cochlear Implant Recalls and Injuries

October 18, 2011

As a Medical Device Product Liability attorney and board certified medical doctor, I am providing this important update regarding Cochlear Implants. Cochlear Ltd., the world's biggest maker of hearing implants, an Australian company, recalled its latest range of devices after a recent, unexplained increase in failures.

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The voluntary recall of the Nucleus CI500 implants, which Cochlear says are the slimmest titanium hearing implants available, will affect many patients.

The company said it identified an increase in the number of Nucleus CI512 implants failing in recent weeks. Chief Executive Chris Roberts said the company has stopped manufacturing the Nucleus CI500 line, which made up 70% of the company's sales of implant units for fiscal 2011. Cochlear has about 65% of the global hearing-implant market.

People fitted with CI500 units but who have not experienced any problems are being advised to continue using the devices. The voluntary recall of the Nucleus CI500 range includes the CI512 model as well as the CI513, CI551 double array implant and ABI 541 auditory brainstem implant.

It does not affect its earlier Nucleus Freedom range or its Nucleus 5 external hearing devices. Production of the CI500 devices has stopped and patients needing bionic ear implants are being offered the Nucleus Freedom model, which has been on the market for seven years.

Roberts said Cochlear was halting manufacture until the cause of the faults was uncovered. According to Roberts, he was unable to say how long it would take before the devices were back on sale but said if any changes had to be made, the company would need to get regulatory approval from the countries where the units are sold.

Cochlear sold more than 17,000 of its Nucleus 5 range of devices in the 2010/11 financial year, representing 70 percent of its total bionic ear sales in 100 different countries. The Nucleus 5 range includes the thinnest hearing implants on the market at just 3.9 millimeters (0.15 of an inch) thick. Cochlear had promoted them as "a new design that is built to last a lifetime."

The National Institutes of Health in the U.S. puts the total cost including device, surgery and follow-up care of an implant at US$60,000. Mr. Roberts said there are about 25,000 registered users of the CI500 range and the company isn't recalling those products that have already been implanted. Cochlear said less than 1% of CI512 implants have failed since they were launched in 2009.

If failure occurs, the implant safely shuts down without injuring the recipient, the company said in a statement, adding that if the device does fail, the patient could be re-implanted with an earlier model from Cochlear's Nucleus Freedom implant range.

Cochlear's Nucleus CI500 is designed to correct hearing loss resulting from damage to the cochlea, a pea-sized structure deep within the ear with hair cells that communicate sound signals to the brain. The implanted device coverts sounds to electrical energy, which it transmits directly to hearing nerves.

Cochlear implants don't restore normal hearing but can give people who are deaf or severely hard of hearing a representation of sounds and help them understand speech, according to the National Institute on Deafness and other Communicative Disorders' website. About 219,000 children and adults world-wide had received such implants as of December, according to the institute.

Industry Problems with Cochlear Implants
Cochlear Americas, a Colorado-based cochlear implant manufacturer, agreed to pay $880,000 to resolve allegations that it paid illegal remuneration to health care providers to induce purchases of cochlear implant systems, according to the Justice Department. Cochlear Americas is a subsidiary of an Australian company, Cochlear Limited.

The settlement resolved a lawsuit brought by a whistleblower, Brenda March, in 2004. The lawsuit, filed in the District of Colorado, alleged that Cochlear Americas violated the Anti-kickback Act and the False Claims Act by paying various forms of illegal remuneration to physicians who prescribed the use of the Cochlear-manufactured devices for Medicare and Medicaid patients.

Advanced Bionics (California) has had several recalls and is awaiting approval from the Food and Drug Administration to resume sales in the U.S. after its latest recall due to a leakage that could lead to neural tissue damage. Advanced Bionics was fined the maximum fee of $1.1 million by the Food and Drug Administration for switching their supplier without notifying the FDA nor having the FDA approval. The cochlear implant was recalled “because of excessive moisture that could leak into the devices and cause device failure and possible surgery.” The CEO, Jeffery Greiner, was also fined $75,000.

Advanced Bionics also produced a cochlear implant with a positioner that had an increased number of people coming down with meningitis post surgery of which some people died from. Other Cochlear Implant manufacturers also have cases of meningitis post surgery.

CooperVision Contact Lens Recall Class 1 Status

October 17, 2011

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According to the FDA, silicone oil is the cause of problems with Aviara contact lenses sold by CooperVision, which were removed from the market in August after a number of consumers suffered torn corneas, hazy vision and other potentially serious complications. Nearly two months after problems were first announced, contact lens giant CooperVision Inc. and federal health regulators have amped up public warnings about nearly 780,000 recalled contact lenses, urging users to return the potentially defective products and to seek medical care if they show symptoms of harm.

The FDA announced on Friday that it was classifying the CooperVision Aviara contact lens recall as a Class 1 medical device recall, which is the most serious category the agency can use to label a recall. The class 1 designation means that the FDA believes that use of a device carries a reasonable probability of serious adverse health consequences or death.

More than 778,000 CooperVision Aviara contact lenses were impacted by the recall, which was not widely publicized until the FDA criticized the company last week for failing to take sufficient steps to make sure consumers were aware of the contact lens problems.

The FDA also complained that CooperVision only reported that some users had experienced hazy vision and did not identify the cause of the problems, which involved silicone oil on the lenses. The recalled Aviara contact lenses were were manufactured between November 1, 2010 and August 3, 2011, and were sold at Costco, LensCrafters and Wal-Mart, among other retailers.

The FDA recommends that any consumers who have the lenses return them and contact their eye care specialist immediately if they experience any problems after wearing the recalled lenses.

Production of the CooperVision contact lenses has been stopped so that the company can fix the problem. The manufacturer estimates that Avaira Toric contact lenses will be shipping in normal amounts again by December.

CooperVision has not released a complete list of lot numbers affected by the recall. Consumers who suspect they have lenses affected by the recall can visit the CooperVision web page at www.coopervision.com/recall and enter the package lot number to see if their lenses are included.

Yaz Birth Control Coma and Blindness

October 17, 2011

As a Yaz Birth Control Coma and Blindness Injury attorney and Texas medical doctor I am providing this YAZ, Yasmin and Ocella update.

ABC’s chief law and justice correspondent, Chris Cuomo, interviews Carissa Ubersox, a former pediatric nurse who started taking Bayer’s Yaz birth control pills when she wanted to look her best for her wedding and “saw commercials suggesting help with bloating and acne.” Two months after Ubersox started to take Yaz birth control pills, she developed massive blood clots in both lungs and fell into a coma that lasted for two weeks. When she woke up, she was blind.

All birth control pills come with some risk of developing blood clots, and Bayer “cites its own studies as proof that Yaz is just as safe as other birth control pills.” However, Dr. Susan Jick of the Boston University School of Medicine has authored an independent study involving a million women that finds Yaz’s risk to be two to three times higher than other birth control pills. ABC reports that two Bayer-sponsored studies find no difference in risk, while four independent studies all find increased risk.

Ubersox believes that Yaz birth control pills, which once seemed like a “miracle drug,” are the reason that she developed blood clots in both her lungs and is now blind. She and thousands of other women are now suing Bayer for Yaz’s negative side effects. Bayer denies any wrongdoing and would not answer ABC’s questions about Yaz birth control pills.

We having been blogging and providing much needed information on the side effects of YAZ, Yasmin and Ocella for the past 2 years and have filed many lawsuits in the Southern District of Illinois federal court. This is where the Bayer oral contraceptive lawsuits have been federally consolidated. Click here to read our 113 articles on YAZ, Yasmin and Ocella.

The first case we filed in this Bayer oral contraceptive litigation had similar fact pattern as the above ABC video. In our lawsuit, our client was a woman in her mid forties who was on Yaz for a short time period. She, one night, was noted to be making gurgling sounds while she was asleep. This was noticed by her husband who immediately recognized that something was not quite right. He immediately called 911 and started CPR.

She was taken emergently to the local ER, she was shocked multiple times on route to the ER, by the paramedics and again in the ER had to be resuscitated for several hours. She practically died several times that night, but she had an immense will to live and survived the tragic ordeal. Like the victim in the video, she also suffered from a massive pulmonary embolism. She was also placed in a medically induced coma and when she recovered she noticed she had developed cortical blindness and severe neuro-muscular weakness.

Currently she is being looked after at home by her husband and family. Bayer has refused to accept any liability in these lawsuits to date.

Medtronic Infuse Side Effects and Lawsuits

October 14, 2011

As a Dallas Medtronic Infuse Lawsuit and side effect attorney and medical doctor I am providing this update regarding the problems associated withe Medtronic Infuse medical product.

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Medtronic, a medical device company is in the news regarding reports about its synthetic bone growth product Infuse. In 2008, the U.S. Department of Justice began investigating whether Medtronic had been illegally promoting "off-label" use of Infuse.

The Spine Journal reported in its June 2011 edition concerns about Infuse and Medtronic's research. In 2004, a small group of doctors wrote some research papers stating that Infuse did not cause any harm to patients. The doctors who wrote the article would eventually receive millions of dollars from Medtronic.

According to researchers, in contrast to published reports from manufacturer-sponsored studies of the Infuse spinal fusion device that incorporates a biologic bone-building drug, a new analysis of FDA documents and other data sources suggests that up to half of patients receiving the device may experience adverse events related to the drug.

The Infuse device, which delivers recombinant human bone morphogenetic protein-2 (rhBMP-2) to speed vertebral fusion in patients with chronic back pain, has adverse event rates of 10% to 50% depending on the approach, according to Eugene Carragee, MD, of Stanford University's outpatient clinic in Redwood City, Calif., and colleagues.

"This risk of adverse events associated with rhBMP-2 is 10 to 50 times the original estimates reported in the industry-sponsored peer-reviewed publications," Carragee and colleagues wrote online in The Spine Journal, which Carragee serves as editor-in-chief.

The investigators in each of 13 reports of studies funded by product manufacturer Medtronic and published from 2000 to 2009 claimed to find no adverse events attributable to rhBMP-2.

The Spine Journal reports that those doctors did not disclose their financial ties to Medtronic and that the papers repeatedly failed to report complications with Infuse. Infuse may cause unwanted, and sometimes out-of-control, bone growth. The Spine Journal found that the complication rate for Infuse was anywhere from 10 to 50 times higher than reported in the Medtronic studies.

The United States Food & Drug Administration only approved Infuse for fusions in the lower back. But, doctors have been using it "off-label" for cervical (neck) spinal fusions, too often with poor results.

Unwanted bone growth in the neck can result in:

difficulty with breathing and swallowing
tracheotomies
emergency surgery
the placement of feeding tubes
revision surgery (additional surgery needed too fix the problem)

Other reported problems with Infuse include:

male sterility
infection
cancer
bone loss
unwanted bone growth
nerve damage
incontinence

DePuy Pinnacle Hip Replacement MDL Lawsuits

October 7, 2011

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As a DePuy ASR and DePuy Pinnacle litigation attorney, I am providing this timely update.

More than 500 lawsuits have been filed in Northern District of Texas federal court over DePuy Pinnacle hip replacements problems. The plaintiffs have alleged that DePuy hips, caused individuals to experience severe pain and early failure of their artificial hip implant.

In May 2011, the U.S. Judicial Panel on Multidistrict Litigation, JPML, ordered that every DePuy Pinnacle hip lawsuit filed in any U.S. District Court throughout the country be transferred to the Northern District of Texas as part of a multidistrict litigation, or MDL.

According to court documents released October 6, there are now at least 538 complaints consolidated before U.S. District Judge James E. Kinkeade in the DePuy Pinnacle MDL. As DePuy Pinnacle hip replacement lawyers continue to evaluate, investigate and file new cases in federal court, the number of lawsuits is expected to continue to grow. Many medical experts anticipate that thousands of people who are impacted by the alleged defective medical product, will ultimately file a complaint.

This scenario is currently being played out in the Northern District of Ohio federal court system, where another metal on metal DePuy hip product has been consolidated for litigation purposes. In August 2010, DePuy recalled its flagship artificial metal on metal hip product, the DePuy ASR.

watch this abc news video


All of the suits involve similar allegations that the DePuy Pinnacle Acetabular Cup System was defectively designed or manufactured, and that inadequate warnings were provided about the risk of early complications or problems, which have been developing within a few years of the surgery. In many cases, the DePuy Pinnacle hip replacement complications result in the need for additional surgery to replace or revise the hip replacement.

Many of the complaints allege that DePuy, a subsidiary of Johnson & Johnson, has been aware of the problems with their metal-on-metal hip implants for some time and that a DePuy Pinnacle hip recall should have been issued several years ago.

As described above, Johnson & Johnson and DePuy also face thousands of lawsuits over the recalled DePuy ASR hip replacement. The DePuy ASR hip was approved as a substantial equivalent design to the DePuy Pinnacle metal-on-metal hip, and the allegations raised regarding design problems with the two devices are similar.

Over the past year, concerns about all metal-on-metal hip replacements have been growing. Last October, the American Academy of Orthopaedic Surgeons (AAOS) issued a warning about potential problems with metal on-metal hip replacements, indicating that patients and the medical community should be aware that pain months after hip replacement surgery may be a sign of metal-on-metal hip cobalt toxicity.

Earlier this year, the FDA launched a new website to provide information about the risks associated with metal-on-metal hip replacements.

DePuy ASR MOM Hips in the News

October 6, 2011

As a DePuy ASR Hip Recall attorney I am providing this update. There is a problem with metal on metal artificial hip implant devices, as highlighted on the NBC Nightly News on October 4th 2011.

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According to medical experts and bio-engineers, the DePuy ASR, and DePuy Pinnacle hip implants are failing, or have failed at an unacceptably high rate. In August of 2010, there was a recall on DePuy ASR hip implant device. The ASR DePuy hip implants were surgically implanted on tens of thousands of US citizens between 2005 and early 2010.

Symptoms of a recalled ASR DePuy hip implant failure include pain in the hip region, problems walking, swelling of the hip, or lack of flexibility in the area of the hip. NBC Nightly News with anchor Brian Williams, called attention to the DePuy hip implant recall, and the issues with metal on metal hip implants on Tuesday October 4th 2011 news segment.

Unfortunately the fact is that the DePuy ASR hip implant was sold as the right hip implant for younger, or older adults, who wanted to maintain an active, or athletic lifestyle. According to medical experts there could be thousands of DePuy hip implant replacements in the US.

The medical experts indicate symptoms of the recalled ASR DePuy hip implant failure include:

Pain in the Hip Region
Problems While Walking or The Inability to Walk
Swelling of the Hip
General Discomfort
Lack of Flexibility

To view the NBC Nightly News story about problems with metal on metal hip implants, or Depuy hip implant please go to http://NBCNightlyNews.Com & click on the Health Tab

Visit msnbc.com for breaking news, world news, and news about the economy

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Ohio Southern Federal District Court Case Number MDL No. 2197

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According to a British orthopedists’ group a hip replacement made by Johnson & Johnson’s DePuy unit fails in the U.K. as often as 49 percent of the time, or four times what the company cited in recalling the device last year.

The British Orthopaedic Association and the British Hip Society said in a statement in March 2011 that data on the ASR XL Acetabular System from four surgeons show the rate of second operations, or revisions, ranges from 21 percent after four years to 49 percent after six years.

DePuy recalled both the ASR XL and an ASR hip resurfacing system in August 2010. At the time, the company cited unpublished data from the National Joint Registry of England and Wales saying 13 percent of ASR XL patients required second surgeries in five years, and 12 percent of patients with the resurfaced hips needed such operations within five years. Both devices use metal balls and sockets to replace ailing hips.

Only the ASR XL was approved for sale in the U.S., where 37,000 were implanted. New Brunswick, New Jersey-based J&J, the world’s largest health-care company, faces over a 1,000 lawsuits in the U.S. so far over the devices.

U.K. Implants
About 10,000 of the hips were implanted in the U.K., including 5,000 or so resurfacing devices and 5,000 of the ASR XL prostheses, also known as total-hip replacements.

Lawsuits Filed
Plaintiffs have brought product-liability, negligence and failure-to-warn claims against DePuy over the devices, and are seeking medical costs, lost wages and compensation for their pain and suffering. More than 350 lawsuits have been consolidated in federal court in Ohio, and more than 220 are pending in California state court. Another group of cases is pending in New Jersey state court.

Merck Wins Another Federal Bellwether Trial Regarding FOSAMAX

October 3, 2011

Merck said today that a federal court jury in New York found in its favor in the Secrest v. Merck case, rejecting the claim of a Florida woman who blamed her dental and jaw-related problems on her FOSAMAX use.

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Chilton Varner of King & Spalding LLP, outside counsel for Merck said, "Unfortunately, the plaintiff had medical problems that cause people to develop the jaw and dental problems that the plaintiff has, regardless of whether they were taking FOSAMAX. She has a long history of invasive dental procedures and suffers from medical conditions that inhibit the body's ability to heal."

Today's verdict marks the fourth time a jury has found in Merck's favor on a plaintiff's product liability claim in the litigation regarding FOSAMAX. The plaintiff in this case alleged she used FOSAMAX and suffered various jaw problems and complications following multiple tooth extractions and failed dental implants.

At trial, Merck presented evidence that FOSAMAX is a safe and effective medication as described in the product labeling that was properly designed and did not cause the plaintiff's dental and jaw problems.

Status of Litigation
This is the fifth case regarding FOSAMAX(R) (alendronate sodium) to go to trial. Merck won three of the first four. The first three trials were conducted as part of the federal multidistrict litigation proceedings before Judge Keenan. The first case to be tried to a verdict, Maley v. Merck, resulted in a defense verdict for Merck in May 2010. The second case to be tried to a verdict, Boles v. Merck, initially resulted in a mistrial in September 2009 after the jury was unable to reach a unanimous verdict. A retrial of that case in June 2010 resulted in a plaintiff verdict, which was later reduced by Judge Keenan. The third case to be tried to a verdict, Graves v. Merck, resulted in a defense verdict for Merck in November 2010. The fourth case to go to trial, Rosenberg v. Merck, which was tried in the Superior Court for Atlantic County, New Jersey, resulted in a defense verdict for Merck in February 2011.

As of June 30, 2011, approximately 1,650 cases, which include approximately 2,050 plaintiff groups, had been filed and were pending against Merck in either federal or state court.

Actos Bladder Cancer Litigation to be Consolidated

October 3, 2011

As an Actos Bladder Cancer Product Liability attorney and Texas medical doctor, I am providing this update regarding the status of a MDL consolidation request.

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Takeda Pharmaceuticals the manufacturer of Actos and their defense attorneys have indicated that the drug maker supports a request to have all federal Actos bladder cancer lawsuits consolidated for pretrial litigation. But Takeda disagrees about where the defective product liability claims should be centralized.

On September 29, Takeda Actos lawyers filed a response with the U.S. Judicial Panel on Multidistrict Litigation, indicating that they agree with plaintiffs that an MDL, or multidistrict litigation, should be formed, but requested that the cases be transferred to either Northern District of Illinois or Western District of Louisiana.

A motion to consolidate the Actos bladder cancer litigation was first filed on August 31, by plaintiff Glen Weant, who requested that all federal Actos lawsuits be transferred to the U.S. District Court for the Southern District of Illinois before Judge G. Patrick Murphy. Since then, additional plaintiffs have filed responses proposing other U.S. District Judges to preside over the litigation.

The first Actos lawsuit was filed on July 29, 2011. According to documents filed by Takeda last week, the drug maker is now aware of at least 54 cases that have been filed in federal district courts throughout the United States. In addition, as Actos plaintiffs attorneys continue to evaluate and file new complaints on behalf of people diagnosed with bladder cancer after taking the type 2 diabetes drug, the number of claims is expected to continue to grow.

All of the complaints involve similar allegations that side effects of Actos caused users to develop bladder cancer. Plaintiffs argue that Takeda failed to properly research the medication or warn about the risk.

Takeda’s attorneys indicated that they agreed that the cases fit the requirements for an MDL and that consolidation would help prevent contradictory rulings and duplicative discovery. It would also serve the convenience of counsel, witnesses, plaintiffs and defendants, according to the drug maker’s response.

Takeda has requested that the Actos litigation be consolidated in the Northern District of Illinois, where the drug maker is headquartered and where the company’s records are located. As an alternative, the drug maker proposed the Western District of Louisiana for the Actos MDL to be centralized, as there are at least 16 cases already pending in that district.

Actos (pioglitazone) was approved by FDA to treat Type 2 Diabetes in July, 1999. It is a once-a-day pill that increases the body’s sensitivity to insulin. The medication has grown in popularity in recent years, after studies linked its primary competitor, Avandia, to an increased risk of heart attacks and death.

FDA officials began reviewing the potential risk of Actos bladder cancer problems in September 2010, after interim data from an on-going 10 year study found that users may face an increased risk the longer they take the drug. Data from the study conducted by Takeda Pharmaceuticals, the makers of Actos, indicated that after 24 months, the rate of exposure and the increased risk of bladder cancer reached statistical significance.

In June, an Actos recall was issued in France after a review of public insurance data identified an increased incidence of bladder cancer with Actos use.

The European Union’s European Medicines Agency (EMA) also conducted a review and confirmed the bladder cancer risk, calling for new warnings and a six-month review of every patient on Actos. The EMA suggested that Actos bladder cancer risk could be reduced by appropriate patient selection and exclusion.

Since then, the number of lawsuits over Actos has been steadily increasing in federal district courts throughout the United States. The U.S. Judicial Panel on Multidistrict Litigation is expected to schedule oral arguments on the motion to consolidate the cases at the next hearing, which will be held on December 1 in Savannah, Georgia.

FDA Drug Safety Communication: Ongoing Safety Review of Actos (pioglitazone) and Potential Increased Risk of Bladder Cancer After Two Years Exposure

The U.S. Food and Drug Administration (FDA) is informing the public that use of the diabetes medication Actos (pioglitazone) for more than one year may be associated with an increased risk of bladder cancer. Information about this risk will be added to the Warnings and Precautions section of the label for pioglitazone-containing medicines. The patient Medication Guide for these medicines will also be revised to include information on the risk of bladder cancer.

DePuy Metal on Metal Hip and Metallosis

October 1, 2011

As a DePuy ASR and Pinnacle Replacement and Recall attorney I am providing this blog update.

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As readers to my blog will note, I am a licensed Texas medical doctor as well as a product liability attorney. We are currently fielding many phone calls from concerned hip replacement patients and the biggest concern for them is residual hip pain post procedure."Is that normal?" they ask. "How do we know if we are suffering from metallosis?" "My doctor is not concerned but I still feel that something is wrong?"

The answers to these questions remain elusive for several reasons. Firstly and foremost is the lack of research, disclosure and transparency from the hip manufacturers who knew or should have known about these problems and concerns.

Secondary, the orthopedic doctors, many of whom are implanting technicians, they do not have a firm grounding in internal medicine and because of their surgical training do not have the ability to diagnose and treat these types of conditions, short of re-do surgery. They drank the manufacturers kool-aid.

Diagnosis and treatment of metal on metal hip problem requires a multidisciplinary approach including the orthopedic, internal medicine and radiological specialties. Many orthopedic surgeons have reported that tissue surrounding a failed artificial hip looks like a biological dead zone. There are matted strands of tissue stained gray and black and large strips of muscle near the hip no longer contracted. Some patients with all-metal hips, ones in which the cup and ball of a joint are made of metal, said they had trouble finding a doctor to help them.

More than 10 years ago, some researchers had warned that the hips released metallic debris that caused potential health threats to patients. But those warnings were ignored, and now doctors and patients face a mounting public health problem as one of the biggest medical device failures surfaces.

All orthopedic implants, irrespective of their composition, shed debris as they wear, from the grinding action of joints. But researchers say they believe that the metallic particles released by some all-metal hips poses a special threat. This is because scavenger cells released by the body to neutralize the foreign debris convert it into biologically active metallic ions. In some patients, this sets off a chain reaction that can destroy tissue and muscle.

So far, only a small fraction of the estimated 500,000 people in this country who received an all-metal hip over the last decade have suffered injuries. But studies suggest that those numbers will grow and that tissue destruction is occurring silently in some patients who have no obvious symptoms like pain. And that is the crux of the problem, heavy metal blood tests can be normal and yet the hip joint is breaking down silently.

A recent study in England found that all-metal hips were failing early at three times the rate of hips made from metal-and-plastic components. This artificial hips are supposed to last 15 years or more. Most people recover well from a device replacement procedure, but specialists are also seeing growing numbers of patients with complications.

In the first six months of this year, the Food and Drug Administration received more than 5,000 reports about problems with the all-metal hips, according to a recent analysis by The New York Times.

In May, the Food and Drug Administration ordered makers of all-metal hips to develop studies to determine how frequently the devices were failing and the implications for patients. But those studies are not likely to be completed for years.

The final chapter has not yet been written on these metal on metal hips and so far DePuy has only recalled the ASR model. Johnson and Johnson, the parent of DePuy, continues to sell and market their Pinnacle metal on metal hip model.

Bone Fracture Side Effects of Nexium, Prilosec and Protonix Heartburn Drugs

September 28, 2011

A lawsuit has been filed against AstraZeneca by two Texans who allege that Nexium caused them to suffer bone fracture side effects. The complaint was filed by Mary Mai Nguyen and Tuoc Duong on September 15 in Harris County, Texas against AstraZeneca.

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According to the Nexium lawsuit, the defendants failed to adequately research the heart burn medication or warn about the potential risk of Nexium bone problems. Nexium (esomeprazole) is a member of a class of drugs known as proton pump inhibitors (PPIs).

A number of similar bone fracture lawsuits involving Nexium and other proton pump inhibitors have been filed in recent months. Other drugs in the class include Prilosec, Aciphex, Prevacid, Protonix, Vimovo and Zegerid.

In 2010 and in 2011, the FDA warned that there may be an increased risk of bone fractures from Nexium and the other PPI medications. The risk of broken bones from Nexium appears to be linked to high doses of the medication used over long periods of time.

The Texan plaintiffs allege in their Nexium suit that studies as early as 2006 found the PPIs interfere with the body’s ability to absorb calcium, speeding up bone loss and leading to an increased number of bone fractures. According to the complaint, AstraZeneca was aware of the Nexium bone fracture risk, and their “marketing efforts obscured, misrepresented and obfuscated this information.”

The FDA announced in March 2011 that they are requiring new warnings about the risk of bone fractures from Nexium, Prilosec, Protonix, Prevacid, Zegerid, Aciphex and Vimovo, as the heartburn drugs have been associated with a number of hip fractures, wrist fractures, spine fractures and other injuries.

FDA Update: 3/23/2011

FDA has determined an osteoporosis and fracture warning on the over-the-counter (OTC) proton pump inhibitor (PPI) medication “Drug Facts” label is not indicated at this time. Following a thorough review of available safety data, FDA has concluded that fracture risk with short-term, low dose PPI use is unlikely.

The available data show that patients at highest risk for fractures received high doses of prescription PPIs (higher than OTC PPI doses) and/or used a PPI for one year or more.

In contrast to prescription PPIs, OTC PPIs are marketed at low doses and are only intended for a 14 day course of treatment up to 3 times per year. FDA acknowledges that consumers, either on their own, or based on a healthcare professional’s recommendation, may take these products for periods of time that exceed the directions on the OTC label. Healthcare professionals should be aware of the risk for fracture if they are recommending use of OTC PPIs at higher doses or for longer periods of time than in the OTC PPI label.

The label changes for the proton pump inhibitors (PPIs), come after the agency looked at a number of studies that linked the drugs to increased bone fracture risks. PPIs are designed to fight the symptoms of a number of gastrointestinal ailments by reducing the body’s production of stomach acid.

The new bone fracture warnings affect both other-the-counter and prescription heartburn drugs, including:

Nexium
Prilosec and Prilosec OTC
Prevacid and Prevacid 24HR
Protonix
Zegerid and Zegerid OTC
Aciphex
Vimovo

The types of bone fractures associated with the drugs include

Hip fractures
Wrist fractures
Spine fractures

The new warnings come just days after the results of a study were published in the Archives of Internal Medicine that linked the use of Nexium, Prilosec and other PPIs to a 25% increase in the risk of bone fractures in women. The risks appear to be connected to long-term use of the drugs of a year or more, but FDA has decided to place the bone fracture risk warning even on those drugs which are not recommended for use longer than two weeks at a time.

FDA Advisory Panel for YAZ, Yasmin and Ocella

September 27, 2011

U.S. Food and Drug Administration (FDA) issued a warning Monday about an increased risk of blood clots in women taking newer forms of birth control pills, such as Yaz or Yasmin.

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The FDA did say it "remains concerned" about a potentially higher risk of blood clots in women taking the "fourth generation" pills containing drospirenone, a new type of synthetic progestin. These new pills, marketed as Yaz, Ocella or Yasmin, among other brand names, are very popular.

Venous thrombosis embolism (VTE) are clots that originate in the legs and can travel to the lungs, causing a medical condition known as pulmonary embolism. Symptoms include leg pain, chest pain or sudden shortness of breath.

Preliminary results of an FDA-funded study show a 50 percent increased risk of VTEs in women taking drospirenone-containing pills versus other hormonal contraceptives.
According to the FDA, the risk to any one woman remains small: the risk of a VTE is about six women per 10,000 users for the older contraceptives versus 10 per 10,000 using the newer versions.

The agency also reviewed six other studies on the subject, the results of which were conflicting. Two studies found no difference in risk, while another two found a 1.5-fold to 2-fold increased risk. And two more studies, appearing earlier this year in the BMJ, found double to triple the risk. The FDA issued a similar safety communication at the end of May, after the two BMJ studies came out.

Risk factors for VTE include smoking, being overweight or a family history of blood clots. The FDA statement released Monday noted that studies to date have only looked at pills containing drospirenone and a higher dose of estrogen, not those containing drospirenone and a lower dose of estrogen. FDA advisory committees are scheduled to investigate further into the matter at a December meeting, at which time the full findings of the agency-funded study will be released.

Data Summary
FDA has reviewed six published epidemiologic studies that evaluated the risk of blood clots (venous thromboembolism, VTE) in women using birth control pills containing drospirenone. These studies have conflicting findings. Two were postmarketing studies required by the FDA or European regulatory agencies.1,2 These studies did not report any difference in VTE risk between drospirenone-containing products and products containing levonorgestrel or other progestins. Two publications from 2009, however, reported a 1.5- to 2-fold higher VTE risk in women who use drospirenone-containing contraceptives as compared to the risk in women who use levonorgestrel-containing contraceptives.3,4 More recently, two articles published in 2011 in the British Medical Journal reported a 2- to 3-fold greater risk of blood clots in women using oral contraceptives containing drospirenone rather than levonorgestrel.5,6 As with all epidemiologic studies, there are methodological issues that make interpretation of these conflicting results complex. FDA has not reached a conclusion on the risk for blood clots in women using drospirenone-containing birth control pills, but remains concerned about the potential increased risk.

Initial data from an FDA-funded epidemiologic study exploring the association of blood clots with several different hormonal contraceptive products, including levonorgestrel-containing contraceptives, appear consistent with results from the 2009 and 2011 published studies. Although FDA's review is ongoing, the preliminary data from the FDA-funded study are consistent with an approximately 1.5-fold increase in the risk of blood clots for users of drospirenone-containing contraceptives compared to users of other hormonal contraceptives. To put this risk into perspective, if the risk of developing a blood clot among women using other hormonal contraceptives is about 6 women in 10 thousand, then the risk of developing a blood clot among women using drospirenone-containing oral contraceptives would be about 10 women in 10 thousand. The full study report of this study, along with the completed FDA review of the results of the study, will be presented and discussed at the joint meeting of the Reproductive Health Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee in December 2011.

FDA notes that the available studies have only examined the risk of VTE in users of contraceptive pills that contain drospirenone and 0.03 mg of ethinyl estradiol (an estrogen) and not other pills that contain drospirenone combined with a lower dose of estrogen (e.g., 0.02 mg ethinyl estradiol). It is unknown at this time whether the reported VTE risk applies to all drospirenone-containing products.

Table 1. Approved Oral Contraceptives containing Drospirenone

Brand name
Generic name
Drospirenone and ethinyl estradiol
Drospirenone 3 mg and ethinyl estradiol 0.03 mg
Ocella
Drospirenone 3 mg and ethinyl estradiol 0.03 mg
Safyral
Drospirenone 3 mg, ethinyl estradiol 0.03 mg, and levomefolate calcium 0.451 mg
Syeda
Drospirenone 3 mg and ethinyl estradiol 0.03 mg
Yasmin
Drospirenone 3 mg and ethinyl estradiol 0.03 mg
Zarah
Drospirenone 3 mg and ethinyl estradiol 0.03 mg
Beyaz
Drospirenone 3 mg, ethinyl estradiol 0.02 mg and levomefolate calcium 0.451 mg
Drospirenone and ethinyl estradiol
Drospirenone 3 mg and ethinyl estradiol 0.02 mg
Gianvi
Drospirenone 3 mg and ethinyl estradiol 0.02 mg
Loryna
Drospirenone 3 mg and ethinyl estradiol 0.02 mg
Yaz
Drospirenone 3 mg and ethinyl estradiol 0.02 mg

DePuy Metal on Metal Hip Failure Rate

September 22, 2011

As a Texas Medical Doctor and DePuy ASR Failure Attorney, I am providing this update and commentary on a recent British database study.

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According to a British database, the National Joint Registry for England and Wales, which tracks hip replacement problems, a number of recalled DePuy ASR metal hip implants are failing within six years. Data from the National Joint Registry for England and Wales indicates that 29% of patients who received the DePuy metal-on-metal hip replacement have reported that they failed after only six years of use.

DePuy Orthopaedics, a division of Johnson & Johnson, issued a DePuy ASR hip recall last year, indicating that about 12% to 13% of these hips mail fail within five years. More than 90,000 DePuy ASR XL Acetabular Systems and DePuy ASR Hip Resurfacing Systems were sold worldwide before the metal-on-metal hip implants were recalled in August 2010. About 40,000 of those were sold in the United States.

Johnson & Johnson currently faces more than 1,000 DePuy metal-on-metal hip lawsuits that have been filed by patients whose devices failed or who have suffered metallosis. According to experts, Johnson & Johnson may have to pay out more than $1 billion in liability over the defective hip devices. Earlier this summer, it was reported that Johnson & Johnson has increased its liability fund by $570 million to cover the cost of DePuy ASR settlements.

All hip implants that use metal-on-metal designs appear to have a higher failure rate than other types of artificial hips. A hip implant is supposed to last an average of about 15 years. But, many all-metal hip replacement systems are failing much faster, causing crippling injuries, metal blood poisoning and often requiring revision surgery to have the devices replaced.

Metal-on-metal hip replacements, which use cobalt and chromium, accounted for about one-third of the 250,000 hip replacements performed in the United States in recent years. But, concerns over metal-on-metal hip replacement and metallosis have caused many orthopedic doctors to move away from the devices in recent months. According to the registry, all types of hip implants, including combinations of ceramic, plastic and metal, have only a 4.7 percent failure rate after seven years. Metal-on-metal hip implants have a failure rate of 14 percent.

As the metal hip replacement ball and socket grind against each other, cobalt and chromium metallic particles may be shed into the body, which can result in metallosis. This may result in soft tissue damage, inflammatory reactions, bone loss, and local necrosis that may lead to the need for a risky hip revision surgery.

The FDA has requested metal hip manufacturers to provide more data on metallosis and metal on metal hip implants.

Bard Avaulta Mesh and Bard Avaulta Sling Transvaginal Mesh Update

September 21, 2011

30 plaintiffs who have filed a vaginal mesh lawsuit against C.R. Bard, are asking the U.S. Judicial Panel on Multidistrict Litigation (JPML), to include these cases as part of the consolidated federal Bard Avaulta litigation.

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In October 2010, the JPML ordered that all federal Bard Avaulta pelvic mesh lawsuits be consolidated before U.S. District Judge Goodwin in the Southern District of West Virginia as part of an MDL, or multidistrict litigation for coordinated pretrial proceedings.

This MDL included cases filed by women who received three different types of Bard surgical mesh used for repair of pelvic organ prolapse (POP) or female stress urinary incontinence (SUI): the Bard Avaulta Biosynthetic, Bard Avaulta Plus and Bard Avaulta Solo mesh. These products were sold by C.R. Bard and manufactured by either Bard or subsidiaries of Covidien plc.

These complaints were filed by women who received other Bard pelvic repair products, such as Pelvicol, PelviLace, PelviSoft, Pelvitex, Uretex or Align mesh. All of these products were also sold by C.R. Bard and manufactured by either Bard or Covidien subsidiaries.

All of the pelvic repair mesh lawsuits involve similar allegations that the defendants designed and sold defective and dangerous products without providing appropriate warnings or instructions. All of the Bard pelvic mesh products, which are also known as transvaginal mesh, are used to support the bladder and/or uterus organs. The mesh is often used as a sling or support to prevent the organs from prolapsing into the vagina or rectum.

The Bard pelvic slings have been associated with reports of serious and debilitating complications, including erosion of the mesh into the vagina or rectum, infection, movement of the mesh, pelvic pain and injury to nearby organs.

In recent months, a growing number of pelvic mesh lawsuits have been filed against Bard, Covidien and manufacturers of other similar products. Public awareness about the risk of transvaginal mesh problems increased after the FDA issued a warning this summer. The FDA also held an advisory panel meeting earlier this month to determine whether a pelvic mesh recall should be issued.

In July 2011, the FDA issued a statement directed at consumers and the medical community indicating that they have been unable to find any evidence that Bard pelvic mesh or other transvaginal mesh products used for repair of pelvic organ prolapse provide any benefit over other available means of treatment.

Plaintiffs argue that all of the Bard pelvic repair products should be included in the same multidistrict litigation (MDL), as they will involve common questions of fact relating to Bard’s and/or Covidien subsidiaries’ research, development, design, testing, manufacturing, selling, marketing and labeling of these products.

According to the motion, attorneys for the various defendants involved in the cases have indicated they support the expansion of the Bard Avaulta litigation to include all Bard pelvic mesh lawsuits.

Consolidation of complex product liability lawsuits into an MDL help reduce duplicative discovery for all parties, eliminate inconsistent pretrial rulings and avoid potentially conflicting deadlines in different courts.

The 29 Bard mesh lawsuits that are not currently included in the MDL are now pending before at least 12 different judges in 3 different federal district courts.

Trans Vaginal Mesh TVM Lawsuits: The Next Big One?

September 15, 2011

According to the concerned women who are calling our offices; they believe that the FDA and other U.S. regulators have failed them by not requiring extensive testing before allowing Johnson & Johnson (JNJ) and other manufacturers to sell the type of surgical mesh implanted in them, to hold their pelvic organs in place. Now many these callers say that they cannot work, sleep through the night, or have sex with their partners due to endless pain.

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There are about 270 lawsuits pending against J&J. In all, about 600 suits have been filed against it and other mesh makers, including C.R. Bard, Boston Scientific, and American Medical Systems, acquired in June by Endo Pharmaceuticals Holdings.

The U.S. Food and Drug Administration warned on July 13 of a fivefold increase in women suffering pain and injuries after surgeons inserted mesh through vaginal incisions. Pelvic Organ Prolapse (POP) occurs when the internal structures that support the pelvic organs such as the bladder, uterus and bowel, become so weak or stretched that the organs drop from their normal position and bulge or prolapse into the vagina. While not a life-threatening condition, women with POP often experience pelvic discomfort, disruption of their sexual, urinary, and defecatory functions, and an overall reduction in their quality of life.

Surgery to repair POP can be performed through the abdomen or transvaginally, through the vagina, using stitches, or with the addition of surgical mesh to reinforce the repair and correct the anatomy.

”There are clear risks associated with the transvaginal placement of mesh to treat POP,” said William Maisel, M.D., M.P.H., deputy director and chief scientist of the FDA’s Center for Devices and Radiological Health. “The FDA is asking surgeons to carefully consider all other treatment options and to make sure that their patients are fully informed of potential complications from surgical mesh. Mesh is a permanent implant -- complete removal may not be possible and may not result in complete resolution of complications.”

In 2010, there were at least 100,000 POP repairs that used surgical mesh. About 75,000 of these were transvaginal procedures.

The FDA issued a safety communication in 2008 due to increasing concerns about adverse events associated with the transvaginal placement of mesh. Since then, the number of adverse events has continued to climb. From 2008 to 2010, the FDA received 1503 adverse event reports associated with mesh used for POP repair, five times as many as the agency received from 2005 to 2007. The reports don’t always differentiate between transvaginal and abdominal procedures.

The most frequently reported complications from surgical mesh used to repair POP include mesh becoming exposed or protruding out of the vaginal tissue (erosion), pain, infection, bleeding, pain during sexual intercourse, organ perforation from surgical tools used in the mesh placement procedure, and urinary problems. Some reports cited the need for additional surgeries or hospitalization to treat complications or to remove the mesh.

The FDA also conducted a review of scientific literature published between 1996 and 2010 comparing mesh surgeries to non-mesh surgeries. The agency review suggests that many patients who undergo transvaginal POP repair with mesh are exposed to additional risks, compared to patients who undergo POP repair with stitches alone. While mesh often corrected anatomy, there was no evidence that mesh provided any greater clinical benefit than non-mesh surgeries.

FDA recommends that health care providers:
• Recognize that in most cases, POP can be treated successfully without mesh;
• Know that surgical mesh is a permanent implant that can make any future surgical repairs more challenging and can put the patient at risk for additional complications and surgeries;
• Consider that mesh placed abdominally for POP repair may result in lower rates of mesh complications compared to transvaginal POP surgery with mesh; and
• Be sure that patients are aware of the risks and benefits of transvaginal POP repair with mesh, and inform patients if mesh is being used.

The FDA recommends that patients:
• Ask the surgeon before surgery about all POP treatment options, including those that do not involve mesh, and understand why the surgeon may be recommending treatment of POP with mesh;
• Continue with routine check-ups and follow-up care after surgery. Notify the surgeon if complications develop (persistent vaginal bleeding or discharge, pelvic or groin pain during sex); and
• Those who have had POP surgery but don’t know if the surgeon used mesh should find out if mesh was used during their next scheduled visit with their health care provider.

Last week an advisory panel agreed with FDA staff that the agency should reclassify mesh from moderate risk to high risk of harming patients if it fails, and require more studies to determine if they are safe and effective.

Personal injury lawyers say they expect a surge in lawsuits by women because of the dangers of transvaginal mesh for pelvic organ prolapse, POP. POP refers to a condition in which the uterus or bladder bulge, or prolapse, into the vagina.

None of the cases have been tried, and women must prove their claims that mesh makers knew of safety risks and failed to disclose them and that the products were defective. JNJ, Boston Scientific, Bard, and American Medical Systems told the FDA advisory panel that using mesh in transvaginal procedures is safe and effective and serious injuries are rare.

About 300,000 women in the U.S. had pelvic organ prolapse surgeries last year, including more than 70,000 who received vaginal meshes. Between 2008 and 2010, the FDA received 1,503 reports of injuries or malfunction, a fivefold increase from 2005 to 2007.

Bard, which estimated the global prolapse mesh market at $175 million, saw its own pelvic prolapse business fall about 30 percent in 2010 due to what it called “regulatory delays” on product approvals. J&J is the global leader in prolapse mesh, followed by American Medical Systems, Boston Scientific, and Bard. According to experts, the law suits are another high-profile controversy pushing the FDA toward toughening its approval process for devices. As moderate-risk devices, vaginal meshes currently need only show that they are “substantially equivalent” to existing products. A change to a high-risk status would require tests to show efficacy and safety.

Actos MDL Consolidation Over Bladder Cancer

September 13, 2011

As a Texas medical doctor and Actos Bladder Cancer Attorney I am providing this information and commentary. The maker of the world's best-selling diabetes drug is facing many lawsuits as adverse medical research shows that taking the pill for more than a year raises the risk of bladder cancer.

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A motion was filed asking for all federal Actos bladder cancer lawsuits to be centralized before one judge for coordinated handling during pretrial proceedings as part of an MDL, or multidistrict litigation.

There are about 12 lawsuits over Actos that have been filed in federal district courts. Experts believe that hundreds of complaints that will likely be filed on behalf of individuals who claim they developed bladder cancer from side effects of Actos.

The motion was filed on August 31 by plaintiffs Glen and Nina Weant, who have petitioned the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate all federal Actos lawsuits in the U.S. District Court for the Southern District of Illinois before Judge Murphy. According to the filing, there are at least 12 lawsuits pending in 8 different federal district courts throughout the United States involving individuals who developed bladder cancer after Actos use.

All of the lawsuits involve similar allegations that Takeda Pharmaceuticals, the makers of Actos, failed to adequately research their medication or warn about the increased risk of bladder cancer when Actos is used for long periods of time.

Actos (pioglitazone) was approved by FDA to treat Type 2 Diabetes in July, 1999. It is a once-a-day pill that increases the body’s sensitivity to insulin. FDA officials began reviewing the potential risk of Actos bladder cancer problems in September 2010, after interim data from an on-going 10 year study found that users may face an increased risk the longer they take the drug. Data from the study conducted by Takeda Pharmaceuticals, indicated that after 24 months, the rate of exposure and the increased risk of bladder cancer reached statistical significance.

In June, an Actos recall was issued in France after a review of public insurance data identified an increased incidence of bladder cancer with Actos use. The European Union’s European Medicines Agency (EMA) also conducted a review and confirmed the bladder cancer risk, calling for new warnings and a six-month review of every patient on Actos.

Consolidation of the Actos litigation before one judge as part of an MDL is designed to reduce duplicative discovery, avoid contradictory rulings from different judges and to serve the convenience of the court, witnesses and parties. While the pretrial management of the cases in an MDL is often managed similar to how an Actos class action lawsuit would be handled, each claim will still remain an individual lawsuit.

During pretrial proceedings the Court will coordinate discovery and help facilitate a possible Actos settlement agreement. The U.S. Judicial Panel on Multidistrict Litigation is not likely to schedule a hearing on the petition until at least December 1, when they are scheduled to hold a hearing session in Savannah, Georgia.

Fosamax Injuries and the FDA Part 2

September 10, 2011

As a Texas medical doctor and Fosamax femur fracture injury Attorney, I am fielding many calls from concerned plaintiffs regarding their side effects from using Fosamax and similar drugs. We are providing the following update and commentary.

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A FDA advisory committee wants the agency to limit the duration of bisphosphonate therapy for treatment of osteoporosis. This year, the FDA required that all bisphosphonates used to prevent or treat osteoporosis warn on their labels that optimal duration of use hasn't been determined. The issue has become concerning to the FDA as reports have emerged linking long-time bisphosphonate therapy with increased risk of atypical fractures.

The Advisory Committee for Reproductive Health Drugs and the Drug Safety and Risk Management Advisory Committee met to discuss whether emerging reports of adverse events should cause the FDA to change the label to indicate that the drug not be used long term. The medical advisers did not press the issue as strongly as the F.D.A. staff itself did in a 45-page report issued on Wednesday. The staff report said studies “suggest no significant advantage of continuing drug therapy beyond five years.”

According to the FDA panel placebo-controlled trials provide data for only five years of therapy, but there is no clinical evidence that bisphosphonates work better after they are used for a long period of time.

Bisphosphonates are prescribed to some 5 million patients annually to prevent or treat osteoporosis and are highly effective at reducing the risk of osteoporotic fractures. The drugs, which include brand-names Actonel, Atelvia, Boniva, and Reclast, have been shown to reduce the risk of breaking a hip by 40% to 50% and fracturing a vertebra by between 40% and 70% by inhibiting bone resorption to prevent loss of bone mass.

In 2010, the FDA required makers of bisphosphonate drugs to add a warning to their labels about an increased risk of atypical femur fractures after an American Society for Bone and Mineral Research task force concluded that the risk is real.

The panel heard from women who were taking bisphosphonates to prevent osteoporosis when suddenly and painfully, they broke their femurs. One woman was on a subway train that screeched to a halt, and as her weight was thrust onto one leg, her femur snapped and she collapsed. Other women had similar stories -- a teacher reaching something in front of her students, a grandmother taking a large step to walk toward her grandchild, a woman walking down a front stoop to pick up the morning newspaper -- and in each case the women collapsed to the ground as their femurs snapped.

The panel was also concerned with the drug's link to deterioration of the jawbone. In 2005, the FDA added a warning on bisphosphonates about osteonecrosis of the jaw, a rare disease in which the bone in the jaw dies. In data presented Friday, an FDA reviewer said the risk for osteonecrosis of the jaw appears more prevalent after four years or more of use.

There are also some data suggesting a link to long-term use of bisphosphonates and esophageal cancer. In 2009, a study in the New England Journal of Medicine used data from FDA's Adverse Event Reporting System to identify and describe 23 patients taking alendronate who were diagnosed with esophageal cancer.

FDA To Rule On Transvaginal Mesh Injuries

September 8, 2011

As a Texas Transvaginal Mesh Injury Lawyer and medical doctor, I am providing this update and commentary involving TV Mesh failures.

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An FDA advisory panel is currently examining recent complications and failure reports associated with transvaginal mesh systems that are used to repair pelvic organ prolapse, POP.

The FDA’s Obstetrics and Gynecological Devices panel will offer recommendations to protect women from the serious debilitating problems associated with transvaginal use of surgical mesh, which medical evidence suggests may provide no actual benefit over more traditional means of treating pelvic organ prolapse.

The transvaginal mesh products, known as bladder sling or vaginal surgical mesh, are designed to support the bladder and vagina in older women. The products are sold by a number of different companies, including Ethicon, C.R. Bard, American Medical Systems (AMS), Boston Scientific among others. They are made of non-absorbable synthetic material that is permanently implanted using small incisions as an alternative to other methods of treating pelvic organ prolapse.

The FDA issued warnings in July to inform the public and medical community about the growing number of reports involving transvaginal mesh failure after use to repair pelvic organ prolapse, including erosion of the mesh into the vagina, pain, bleeding, organ perforation and recurrence of POP.

According to a report the FDA agency is considering the reclassification of all transvaginal mesh products as Class III medical devices, which would prevent companies from seeking market approval through the agency’s “fast track” 510(k) approval program. The program allows medical devices to be approved without rigorous testing if they are functionally equivalent to existing products.

Johnson & Johnson (JNJ) and rival makers of transvaginal meshes told Food and Drug Administration advisers they agreed on the need for more safety studies of the implants as well as labeling changes to warn of potential risks.

Manufacturers including J&J and Endo Pharmaceuticals Holdings Inc. (ENDP) proposed that new versions of the devices require clinical trials before they can be sold and existing implants be tracked for safety.

More than 75,000 women received vaginally implanted meshes last year to strengthen weak pelvic muscles that fail to support internal organs. Patients claiming the meshes led to internal injuries have filed almost 500 lawsuits against two of the manufacturers, New Brunswick, New Jersey-based J&J and C.R. Bard Inc. of Murray Hill, New Jersey.

The FDA is evaluating a U.S. Institute of Medicine report in July urging it to scrap the 510(k) process for moderate-risk devices. The current system allows devices like the mesh implant to enter the market if manufacturers show they are “substantially equivalent” to others already for sale. The IOM said a new process should be devised that provides reasonable assurance of the safety and effectiveness of moderate-risk devices.

Last month, the consumer advocacy group Public Citizen filed a petition with the FDA calling for a transvaginal mesh recall to be issued to prevent the needless exposure of patients to the risk of the painful and life-altering complications.

As a result of complications and failure following the pelvic organ prolapse repair, a number of women throughout the United States are pursuing a transvaginal mesh lawsuit against the makers of the products, arguing that they failed to properly research the products or warn about the risk of the painful and often disfiguring injuries that can result from the pelvic mesh.

Fosamax Side Effects And The FDA

September 7, 2011

As a Texas medical doctor and Fosamax ONJ and femur fracture side effect Attorney, I am fielding many calls from concerned plaintiffs regarding their side effects from using Fosamax and similar drugs. We are providing the following update and commentary.

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An FDA advisory panel will meet this week to review the risks associated with long-term use of Fosamax and other bisphosphonate medications. Fosamax and other bisphosphonate medications have been linked to a potential risk of spontaneous femur fractures and osteonecrosis of the jaw (ONJ), which is a rare jaw bone condition.

A panel of medical experts will review whether the FDA should adjust the length of time Fosamax and other similar drugs are used. They may recommend that the medication users should be required to take a “drug holiday” to reduce the risk of the serious and potentially debilitating problems associated with long-term use.

Fosamax is designed to strengthen the bones and reduce the risk of fractures associated with osteoporosis, long-term Fosamax side effects have been linked to decay of the jaw bone and reports of femur fractures. Our law office has been fielding many calls from concerned patients suffering from these side effects.

Osteonecrosis of the jaw, which is known as ONJ or jaw necrosis, can be caused when side effects of Fosamax and other bisphosphonates interrupt the blood supply to the jaw. This can result in the death of the jaw bone. This side effect may result in the need for surgery to remove portions of the jaw.

Long term use of bisphosphonate medications has been linked to an increased risk of bone fractures. A growing number of people have reported suffering spontaneous and unexplained femur fractures on Fosamax. These fracture side effects appear to occur with little or no trauma at all. Side effects of Fosamax may weaken the ability of the femur bone to repair itself from microdamage, increasing the risk of a sudden femur fracture.

In October 2010, the FDA required new warnings about the risk of thigh fractures from Fosamax and other bisphosphonate medications. During a review of the potential Fosamax side effects, the FDA determined that the risk of fractures of the thigh bone may be connected to long-term use of bisphosphonates.

Merck & Co. currently faces hundreds of Fosamax jaw decay lawsuits and Fosamax bone fracture lawsuits that have been filed by individuals who claim the drug maker failed to adequately warn about the potential side effects.

FDA Transvaginal Mesh Safety Alert

September 1, 2011

As a Texas medical doctor and Transvaginal Mesh Recall and Replacement Attorney, I am fielding many calls from concerned plaintiffs regarding their implanted Transvaginal Mesh medical device. We are providing the following update and commentary. The FDA recommends surgical mesh be reclassified as "High Risk."

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FDA Transvaginal Mesh Safety Alert - Transvaginal Mesh Lawsuit and Class Actions being filed across the Nation. Johnson & Johnson, Boston Scientific Corp. (BSX) and other makers of surgical mesh may have to submit added safety data to regulators to keep their products on the market under a Food and Drug Administration staff recommendation.

The transvaginally implanted products fail to lead to better outcomes than non-mesh repair and should be reclassified as posing a high risk to patients, according to a FDA report. Patient advocates are demanding a recall of the devices, now classified as moderate risk.

The devices were approved through a streamlined process called 510(k) that is used to evaluate products similar to those already cleared and itself is under an agency review. The U.S. Institute of Medicine cited flaws with surgical mesh in July when it urged the FDA to abandon the process and require makers to prove each product is safe and effective on its own merits.

Mesh products “may expose patients to greater risk” than traditional repairs without mesh, FDA staff said in the documents. The agency received 1,503 reports of complications associated with the material from January 2008 to December 2010 when used for pelvic organ prolapse, the FDA said in a safety warning July 13. The devices were used in 75,000 transvaginal surgeries last year, according to the FDA.

The agency advised patients to be aware of risks including mesh erosion, pain and urinary incontinence, and to have annual check-ups after surgery. The FDA said it has cleared 85 surgical mesh devices to treat pelvic organ prolapse from 1992 and 2010.

Consumer advocacy group Public Citizen, based in Washington, said Aug. 25 that the mesh devices should be recalled and reclassified.

According to FDA data, the devices are used in surgeries to address prolapsed organs and incontinence. About 300,000 women underwent surgical procedures last year to repair prolapsed organs.

As a Transvaginal Mesh Lawyer, our attorneys are reviewing and filing cases across the nation. The FDA recently issued a Transvaginal Mesh Safety Alert because the product, primarily manufactured by Bard, Boston Scientific and Johnson and Johnson, has been shown to cause injuries in female patients.

Bard, Gynecare, AMS (American Medical Systems) and Boston Scientific have the largest market shares of transvaginal mesh products.

C.R. Bard's products include:

Bard Pelvitex
Bard Pelvisoft
Bard Pelvilace or Pelvicol
Bard Utrtex
Bard Uretex TO
Bard Uretex TOO2
Bard Uretex TOO3

Gynecare/Ethicon/Johnson & Johnson products include:

Gynecare Prosima
Gynecare TVT Exact
Gynecare TVT Abbrevo
Gynecare TVT Retropubic System
Gynecare TVT
Gynecare TVT Obturator
Gynecare TVT Secur
Gynecare Gynemesh PS
Gynecare Prolift
Gynecare Prolift+M

AMS products include:

AMS MiniArc Precise Single-Incision Sling
AMS MiniArc Single Incision Sling
AMS Monarc Subfascial Hammock
AMS In-Fast Ultra Transvaginal Sling
AMS BioArc
AMS Sparc Self-Fixating Sling System
AMS Elevate
AMS Perigree
AMS Apogee

Boston Scientific products include:

Boston Scientific Arise
Boston Scientific Pinnacle
Boston Scientific Advantage Fit
Boston Scientific Lynx
Boston Scientific Obtryx
Boston Scientific Prefyx PPS
Boston Scientific Solyx

Surgical Mesh in Pelvic Repair Procedures Should Be Recalled

August 28, 2011

As a Texas medical doctor and Transvaginal Mesh Recall and Replacement Attorney, I am fielding many calls from concerned plaintiffs regarding their implanted Transvaginal Mesh medical device.

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According to the Public Citizen watchdog group, the surgical mesh products made by Johnson & Johnson (JNJ) and Boston Scientific Corp. (BSX) to correct falling pelvic organs in women should be immediately recalled because of painful side effects.

Public Citizen, said that mesh products made of non-absorbable synthetic material can erode and cause pain, bleeding and urinary incontinence. The mesh is implanted through incisions made in the wall of the vagina to reinforce the tissues around the pelvic organs.

Surgical mesh is a medical device that is generally used to repair weakened or damaged tissue. It is made from porous absorbable or non-absorbable synthetic material or absorbable biologic material. In urogynecologic procedures, surgical mesh is permanently implanted to reinforce the weakened vaginal wall to repair pelvic organ prolapse or to support the urethra to treat urinary incontinence.

Pelvic Organ Prolapse
Pelvic organ prolapse (POP) occurs when the tissues that hold the pelvic organs in place become weak or stretched. Thirty to fifty percent of women may experience POP in their lifetime with 2 percent developing symptoms. When POP happens, the organs bulge (prolapse) into the vagina and sometimes prolapse past the vaginal opening. More than one pelvic organ can prolapse at the same time. Organs that can be involved in POP include the bladder, the uterus, the rectum, the top of the vagina (vaginal apex) after a hysterectomy, and the bowel.

Stress Urinary Incontinence
Stress urinary incontinence (SUI) is a leakage of urine during moments of physical activity, such as coughing, sneezing, laughing, or exercise.

On Oct. 20, 2008, the FDA issued a Public Health Notification and Additional Patient Information on serious complications associated with surgical mesh placed through the vagina (transvaginal placement) to treat POP and SUI.

Based on an updated analysis of adverse events reported to the FDA and complications described in the scientific literature, the FDA identified surgical mesh for transvaginal repair of POP as an area of continuing serious concern.

The FDA is issuing this July update to inform that serious complications associated with surgical mesh for transvaginal repair of POP are not rare. It is not clear that transvaginal POP repair with mesh is more effective than traditional non-mesh repair in all patients with POP and it may expose patients to greater risk. This Safety Communication provides updated recommendations for health care providers and patients and updates the FDA’s activities involving surgical mesh for the transvaginal repair of POP. Read the FDA PDF Report here.

In order to better understand the use of surgical mesh for POP and SUI, the FDA conducted a systematic review of the published scientific literature from 1996 – 2011 to evaluate its safety and effectiveness. The review showed that transvaginal POP repair with mesh does not improve symptomatic results or quality of life over traditional non-mesh repair. The FDA continues to evaluate the literature for SUI surgeries using surgical mesh and will report about that usage at a later date.

The literature review revealed that:

Mesh used in transvaginal POP repair introduces risks not present in traditional non-mesh surgery for POP repair.
Mesh placed abdominally for POP repair appears to result in lower rates of mesh complications compared to transvaginal POP surgery with mesh.
There is no evidence that transvaginal repair to support the top of the vagina (apical repair) or the back wall of the vagina (posterior repair) with mesh provides any added benefit compared to traditional surgery without mesh.
While transvaginal surgical repair to correct weakened tissue between the bladder and vagina (anterior repair) with mesh augmentation may provide an anatomic benefit compared to traditional POP repair without mesh, this anatomic benefit may not result in better symptomatic results.

Public Citizen, estimates that 67,500 women had the non-absorbable mesh implanted last year. According to the Food and Drug Administration, in a safety warning July 13, the agency received 1,503 reports of complications associated with the material from January 2008 to December 2010 when used to repair pelvic organ prolapse.

“Even the FDA seriously questions the safety and effectiveness of these mesh products, so they should be removed from the market immediately,” Michael Carome, deputy director of Public Citizen’s Health Research Group, said in a statement.

The material is made by at least nine manufacturers, according to the FDA.

Public Citizen wants the FDA to require manufacturers to recall non-absorbable surgical mesh devices and future versions to be subject to more stringent approval requirements.

Yaz MDL Court Pushing for Yasmin Lawsuit Settlements

August 27, 2011

As a Texas medical doctor and YAZ, Yasmin and Ocella Personal Injury attorney, I am providing this litigation update, information and commentary.

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Judge Herndon overseeing the federal Yaz and Yasmin MDL, has rejected the consolidation of multiple cases during the early bellwether trials. The Court plans for “meaningful” settlement negotiations after the initial trials are held. These mini trials will help decide how juries will to respond to similar evidence and testimony like other cases in the litigation.

There are more than 6,350 lawsuits that have been centralized in the U.S. District Court for the Southern District of Illinois. All of the cases allege that Bayer failed to adequately warn about the risk of serious and potentially life-threatening side effects of Yaz and Yasmin birth control, such as a stroke, pulmonary embolism, deep vein thrombosis or gallbladder disease.

In October 2010, the Court issued an order for a handful of cases to be prepared for three early trials, known as bellwether cases. The first trial, which is scheduled to begin in 2012, will involve a pulmonary embolism injury claim. The second trial will involve a gallbladder injury and the third trial will involve a venous thromboembolism (VTE), a deep vein thrombosis (DVT).

In August 19, 2011, the Court issued an order for the Gallbladder (“GB”) trial setting, that the Parties shall exchange their GB trial-pool selections on September 7, 2011. For the Venous Thromboembolism (“VTE”) trial setting, the Parties shall exchange their VTE trialpool selections on December 2, 2011.

Each side shall select four GB cases and four VTE cases. Each side shall exercise any veto (maximum of one, minimum of zero) on September 9, 2011, for the GB cases. Each side shall exercise any veto (maximum of one, minimum of zero) on December 6, 2011, for the VTE cases.

On September 14, 2011, after the exercise of any vetoes over the parties’ GB trial-pool selections, the parties shall submit the names of the remaining GB cases to the Court without indicating which party picked which case. Also on September 14, 2011, each party shall provide to the Court and to the other party a factual summary concerning each GB case submitted to the Court for trial selection, so that the Court receives two submissions on each case.

On December 12, 2011, after the exercise of any vetoes over the parties’ VTE trialpool
selections, the parties shall submit the names of the remaining VTE cases to the Court without indicating which party picked which case. Also on December 12, 2011, each party shall provide to the Court and to the other party a factual summary concerning each VTE case submitted to the Court for trial selection, so that the Court receives two submissions on each case.

Plaintiffs’ attorneys requested Judge Herndon to consolidate several cases for the 2nd and 3rd trials. They argued that trying cases one plaintiff at a time would “commit this litigation to a lifespan of eternity.” Plaintiffs states that there has been no movement by Bayer towards a Yaz settlement agreement, and suggested that effeciences would be served by trying several cases at a time after the 1st bellwether trial.

On August 18, Judge Herndon rejected this request and indicated that the 2nd and 3rd bellwether trials will proceed and shall be individual plaintiffs.

“The Court has no intention of presiding over anything into eternity, let alone this litigation, and the Court is presently working on a process that will engage the parties in settlement discussions following the bellwether trials in a meaningful way,” Judge Herndon wrote.

Yaz and Yasmin are birth control pills that contain a newer type of progestin, known as drospirenone, which has been linked to an increased risk of blood clots and other injuries. The Yaz and Yasmin litigation also involves cases filed over a newer version of the birth control pills, sold as Beyaz, as well as generic equivalents, such as Ocella and Gianvi.

Although the first trials are approaching, the number of lawsuits is expected to continue to grow as Yaz and Yasmin lawyers review and file additional cases in the coming months and years for women who have experienced health problems from the birth control pills. Early estimates suggested that more than 25,000 women may eventually file a Yaz birth control suit.

Risks of DePuy Metallosis Following a Metal On Metal Hip

August 26, 2011

As a Texas medical doctor and DePuy Hip Recall and Replacement Attorney, I am fielding many calls from concerned plaintiffs regarding their implanted DePuy ASR and DePuy Pinnacle Metal on Metal Hip prosthesis.

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The Food and Drug Administration has received many complaints recently about failed hip replacements. The FDA has received more than 5,000 reports since January concerning metal-on-metal hips. The majority of complaints involve patients who have had an all-metal hip removed, or will soon undergo such a procedure because a device failed after only a few years. Metal-on-metal hip replacement systems are a widely used type of artificial hip, which are designed to last about 15 years. However, complaints suggest that thousands of people are experiencing early failure of the hip implants within a few years of surgery, often leading to additional surgery to replace the hip.

The complaints confirm that all-metal replacement hips are becoming the biggest and most costly medical implant problem since Medtronic recalled a widely used heart device component in 2007.

Some patients have suffered crippling injuries caused by tiny particles of cobalt and chromium that the metal devices shed as they wear. This is known as metallosis. This may result in soft tissue damage, inflammatory reactions, bone loss, genetic damage, asceptic fibrosis, local necrosis or other problems that may lead to the need for a risky hip revision surgery.

Hip replacement is one of the most common procedures in the United States and all-metal implants accounted for nearly one-third of the estimated 250,000 replacements performed each year. According to one estimate, some 500,000 patients have received an all-metal replacement hip.

One of the artificial hip devices, the A.S.R., or Articular Surface Replacement, was recalled last year by Johnson & Johnson and accounted for 75 percent of the complaints. Under F.D.A. rules, many all-metal devices were sold without testing in patients or without a requirement that producers track their performance. The F.D.A. in May ordered producers to study how frequently the devices were failing and to examine the threat to patients.

In August 2010, a DePuy ASR hip recall was issued for more than 90,000 of the metal hip implants, after it was discovered that a higher-than-expected number were failing within a few years of surgery. Similar problems have been reported in connection with other metal-on-metal hip implants sold by other companies.

In February 2011, the FDA launched a new website in February 2011, which was designed to provide information about the risks associated with metal-on-metal hip replacements.

The FDA has now asked device manufacturers to obtain more information about the level at which the metal particles shed by hip replacements becomes dangerous, how much metal they actually shed and what the potential side effects of metallosis are.

As problems and questions grow, some surgeons are abandoning the all-metal hips, saying they are unwilling to expose new patients to potential dangers when safer alternatives — mainly replacements that combine metal and plastic components — are available.

For many patients, it is too late. The number of complaints filed with the F.D.A. about a product understates a problem because while companies must file reports, doctors and patients do not have to. The filing volume for the DePuy A.S.R. and the Zimmer Durom cup probably reflects a surge of lawsuits filed against their makers.

According the recent New York Times review, there were 7,500 complaints about the A.S.R., nearly 5,000 of them coming since January. In the case of the Durom cup, about 1,600 complaints were filed with the regulator from 2007 to this June.

It is impossible to say how many adverse reports about all-metal hips have been submitted. The Times analysis found some 200 complaints about an all-metal version of another DePuy device called the Pinnacle as well as 400 additional complaints that noted metal-related problems in Pinnacle patients. But the Pinnacle is sold in several versions, so it was not clear how many of the metal-related complaints were linked to the all-metal device.

Many individuals throughout the United States have already filed metal-on-metal hip replacement lawsuits over problems allegedly caused by metallosis or metal poisoning. All DePuy ASR hip lawsuits have been consolidated in federal court as part of an MDL, or multidistrict litigation, in Northern District of Ohio. Lawsuits over DePuy Pinnacle hip metal-on-metal implant replacements, which is another has been consolidated in the Northern District of Texas in Dallas.

Continue reading "Risks of DePuy Metallosis Following a Metal On Metal Hip" »

DePuy Pinnacle Hip MDL Hearing

August 9, 2011

As a DePuy Pinnacle Hip Replacement attorney and Texas Medical doctor I am providing this important update, regarding the first MDL hearing held in my home town of Dallas, Texas.

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Attorneys from throughout the United States who represent DePuy Pinnacle hip replacement plaintiffs, met today in the U.S. District Court for the Northern District of Texas. This hearing was held in Dallas, and was the first status conference with the judge presiding over the recently formed multi-district litigation (MDL). The meeting between the plaintiff and defense attorneys was quite cordial and the hearing with Judge Kinkeade, lasted over 2 hours. This was an informal, esssentially a meet and greet type of hearing, much different from other types of contentious hearings.

It was interesting to stand at the back of the courtroom and observe the proceedings, the court room was jam packed, standing room only.

The meeting of the attorneys representing DePuy and various plaintiffs with Judge Kinkeade, addressed the format and structure of the pretrial proceedings and the composition of a committee of plaintiffs’ attorneys, who will serve in leadership positions and perform coordinated actions of the lawsuits consolidated in the MDL.

In May 2011, the U.S. Judicial Panel on Multidistrict Litigation (JPML) ordered that all DePuy Pinnacle lawsuits filed in federal district courts throughout the United States will be consolidated for pretrial proceedings before U.S. District Judge Kinkeade.

According to a Master Case List released by the court on July 20, there are already 213 cases consolidated in the MDL. As DePuy Pinnacle hip replacement lawyers continue to investigate and file new cases, the federal MDL will continue to grow.

All of the suits have similar allegations that the DePuy Pinnacle Acetabular Cup System was defectively designed or manufactured, and that inadequate warnings were provided about the risk of early complications or problems, which have been developing within a few years of the surgery. In some cases, the DePuy Pinnacle hip problems may result in the need for additional surgery to replace or revise the hip replacement.

Many of the petitions also allege that DePuy, a subsidiary of Johnson & Johnson, has been aware of the problems with their metal-on-metal hip implants for some time and that a DePuy Pinnacle hip recall should have been issued several years ago.

DePuy filed a brief last week regarding the selection of the plaintiffs’ leadership positions. DePuy claimed that several DePuy Pinnacle lawyers representing plaintiffs in the federal MDL proceedings are continuing to file cases in state courts, naming local defendants such as physicians and sales representatives to avoid removal to federal court. DePuy argued that those attorneys should not be appointed to leadership positions, because such conduct impedes the progress of the litigation and undermines the goals of the MDL proceeding.

Johnson & Johnson and DePuy also face thousands of lawsuits over the recalled DePuy ASR hip replacement system, because of a higher-than-expected failure rate. The DePuy ASR hip was approved as a substantial equivalent design to the DePuy Pinnacle metal-on-metal hip, and faces the similar allegations regarding design problems with the two devices.

In October, the American Academy of Orthopaedic Surgeons (AAOS) issued a warning about potential problems with metal on-metal hip replacements, indicating that patients and the medical community should be aware that pain months after hip replacement surgery may be a sign of metal-on-metal hip cobalt toxicity. In addition, the FDA launched a new website in February to provide information about the risks associated with metal-on-metal hip replacements.

Actos Bladder Cancer Side Effect Update

August 8, 2011

As a Texas medical doctor and Actos Bladder Cancer Attorney I am providing this information and commentary.

The maker of the world's best-selling diabetes drug is facing many lawsuits as adverse medical research shows that taking the pill for more than a year raises the risk of bladder cancer.

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In June, Takeda Pharmaceuticals Co. Ltd. halted sales of Actos, in Germany and France after pressure from government health regulators. Actos (pioglitazone) is a medication manufactured and sold by Takeda Pharmaceuticals for treatment of Type 2 diabetes. The drug is part of the same class of medications as Avandia (rosiglitazone), which has been linked to an increased risk of heart problems. As a result of concerns about Avandia side effects, sales of Actos have grown substantially in recent years.

The U.S. Food and Drug Administration and the European Medicines Agency have issued warnings about the cancer risk based on new research. The FDA has approved updated label information for pioglitazone (Actos) and medications that contain it, following its warning in June about bladder cancer risk with the drug.

The FDA new labeling, released Friday, warns that use of pioglitazone for more than a year may increase the risk of bladder cancer, a finding based on an interim analysis of an epidemiological study.

Other medications that will carry the warning include pioglitazone/metformin (Actoplus Met), pioglitazone/metformin extended release (Actoplus Met XR), and pioglitazone/glimepiride (Duetact).

The updated label recommends against use of pioglitazone in patients with active bladder cancer and urges cautious use in those with a history of bladder cancer.

It also urges patients to contact their healthcare provider if they experience any potential symptoms of bladder cancer, including blood in their urine, urinary urgency, or pain on urination.

Actos, despite other serious side effects, became the No. 1 diabetes pill after Avandia, the only other drug in that class, was found in 2007 to greatly increase risk of heart attacks. Avandia's use was banned in the Eurpoean Union and sharply restricted here.

Recently lawsuits were filed in courts across the country. They allege Actos triggered bladder cancer, in some cases deadly, in patients who took the pills daily for years.

The claims allege that when a manufacturer distributes a drug, they owe it to the public to ensure that their product is safe for use and it appears that Takeda Pharmaceuticals failed to fulfill that fundamental duty.

The FDA analyzed data from the first five years of a 10-year Actos safety study Takeda begun in 2002 and concluded this June that risk of bladder cancer was 40 percent higher for patients taking Actos for at least a year.

Transvaginal Mesh Lawsuits Moving Ahead

August 6, 2011

As a Texas medical doctor and Transvaginal Mesh Attorney I am providing this information and commentary.

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Read previous Transvaginal Mesh side effect blog here.
A number of lawsuits over Bard Avaulta mesh and other transvaginal products manufactured by C.R. Bard have been filed throughout the United States. The general allegations in these claims are that women experienced painful complications after receiving the vaginal mesh products for repair of pelvic organ prolapse (POP) and other gynecological and urological medical conditions.

Most recently, more than 100 people have filed a Bard Avaulta vaginal mesh lawsuit. At least 84 of the cases are filed in the federal court system, where they have been consolidated for as part of an MDL, or multidistrict litigation, before Judge Goodwin in the U.S. District Court for the Southern District of West Virginia. Another 37 cases have been filed in New Jersey state court, where the litigation has been centralized before Judge Higbee in Atantic County.

According to a case management order issued in the Bard Avaulta MDL, the next step of the litigation involves the selection of a pool of potential bellwether cases. In the order, Judge Goodwin indicated that the discovery process is not anticipated to begin before October.

Other products manufactured and sold by C.R. Bard have been included in the MDL and New Jersey state court litigation, including the Align, Pelvicol, Pelvilace, PelviSoft, Pelvitex, uretex and Ugytex mesh systems.

All of the complaints involve allegations that the transvaginal mesh products were defectively designed and that C.R. Bard failed to adequately research the risks associated with the mesh or warn about the risk of possible complications that can result in pain and disfigurement.

Bard vaginal slings have been associated with erosion of the mesh into the vagina, infection, recurrence of prolapse, urinary problems and painful sexual intercourse, among others complications. Awareness about the potential risk or transvaginal mesh problems has increased in recent weeks, following a warning issued by the FDA last month.

In July 2011, the FDA issued a statement indicating that they have been unable to find any evidence that Bard Avaulta mesh and other transvaginal mesh systems for repair of pelvic organ prolapse provide any significant benefits over other available means of treatment. More than 1,500 reports of complications with vaginal mesh products, such as the Bard Avaulta Mesh and other similar systems, have been received by the FDA over the past three years

Fracking Water Contamination

August 4, 2011

As a Texas medical doctor and Fracking water contamination attorney, I want to pose this rhetorical question; What happens when the foxes are guarding the hen house? Consider that as you savor your morning coffee, which may be contaminated with benzene, from a contaminated water aquifer.

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Oil and gas industry as well as government regulators have maintained for many decades that a drilling technique known as hydraulic fracturing, or fracking, that is used for natural gas wells has never contaminated underground drinking water. The fracking process, involves water and toxic chemicals being injected at high pressure into the ground to break up rocks and release the gas trapped there. This process according to industry officials, occurs thousands of feet below drinking-water aquifers and because of that distance, the drilling chemicals allegedly pose no risk.

According to ExxonMobil at a Congressional hearing on drilling...“There have been over a million wells hydraulically fractured ...and there is not one, not one, reported case of a freshwater aquifer having ever been contaminated from hydraulic fracturing...”

But there is in fact a documented case, and the E.P.A. report suggests there may be more. Researchers, were unable to investigate many suspected cases because their details were sealed from the public when energy companies settled lawsuits with landowners. E.P.A. says this practice continues to prevent them from fully assessing the risks of certain types of gas drilling.

The American Petroleum Institute, dismissed the assertion that sealed settlements have hidden problems with gas drilling, and according to their data, they have found that drinking water contamination from fracking is highly improbable.

The documented E.P.A. case, and the report was published in 1987, and the contamination was discovered in 1984. The report concluded that hydraulic fracturing fluids or gel used by the Kaiser Exploration and Mining Company contaminated a well roughly 600 feet away on the property of James Parsons in Jackson County, W.Va., referring to it as “Mr. Parson’s water well.”

“When fracturing the Kaiser gas well on Mr. James Parson’s property, fractures were created allowing migration of fracture fluid from the gas well to Mr. Parson’s water well,” according to the agency’s summary of the case. “This fracture fluid, along with natural gas was present in Mr. Parson’s water, rendering it unusable.”

In their report, E.P.A. officials also wrote that Mr. Parsons’ case was highlighted as an “illustrative” example of the hazards created by this type of drilling, and that legal settlements and nondisclosure agreements prevented access to scientific documentation of other incidents. “This is typical practice, for instance, in Texas,” the report stated. “In some cases, the records of well-publicized damage incidents are almost entirely unavailable for review.”

Industry officials emphasize that all forms of drilling involve some degree of risk. The question, they say, is what represents an acceptable level. Once chemicals contaminate underground drinking-water sources, they are very difficult to remove, according to federal and industry studies.

A 2004 study by the E.P.A. agency concluded that hydraulic fracturing of one kind of natural gas well — coal-bed methane wells — posed “little or no threat” to underground drinking water supplies. The study was later criticized by some within the agency as being unscientific and unduly influenced by industry.

Instances of gas bubbling from fracked sites into nearby water wells have been extensively documented. The industry has also acknowledged that fracking liquids can end up in aquifers because of failures in the casing of wells, spills that occur above ground or through other factors.

Both types of contamination can render the water unusable. However, contamination from fracking fluids is widely considered more worrisome because the fluids can contain carcinogens like benzene.

The risk of abandoned wells serving as conduits for contamination is one that the E.P.A. is currently researching as part of its national study on fracking. Many states lack complete records with the number or location of these abandoned wells and they lack the resources to ensure that abandoned and active wells are inspected regularly.

A 1999 report by the Department of Energy said there were about 2.5 million abandoned oil and natural gas wells in the United States at the time.

Short answer, carbon based energy is not the answer, in this current heat wave that most of the country is withering under, think of the amount of solar energy that can be harvested?

Studies have shown that a solar array set up, in Nevada can supply all of the energy needs of the USA, for the next century.

Continue reading "Fracking Water Contamination" »

Ethicon Gynecare Prolift Mesh Linked to 11.6% Reoperation Rate

August 2, 2011

As a Texas medical doctor and Transvaginal Mesh Attorney I am providing this information and commentary.

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11.6% of women who undergo surgery with transvaginal placement of Ethicon Gynecare Prolift Mesh for repair of pelvic organ prolapse (POP) have to undergo additional operations due to post operative complications.

This complication rate was found as a result of a new study, published by the American Journal of Obstetrics and Gynecology. Most of the re-operations were due to urinary incontinence that occurred after the mesh was implanted, with other problems including transvaginal mesh complications and prolapse recurrence.

Researchers reviewed the outcomes for 524 patients who received the Ethicon Gynecare Prolift vaginal mesh over a 4 year period. At a follow up of 38 months, 11.6% had to undergo reoperation after receiving the Prolift Mesh for pelvic organ prolapse. Over 50% of those reoperations were due to urinary incontinence, More than 25% due to mesh-related complications and more than 25% due to recurring prolapse. The researchers found that the number of mesh-related complications and POP decreased when experienced medical teams implanted the mesh.

The Gyncare Prolift Total, Anterior and Posterior Pelvic Floor Repair Systems was first introduced in September 2005, and Gynecare Prolift+M variations were introduced in May 2008. The vaginal mesh or bladder sling is designed reinforce weakened or damaged tissue on the pelvic floor that hold organs in place, such as the bladder, the uterus and the rectum.

Recently, the FDA issued a warning about the risk of problems with Ethicon Gynecare vaginal mesh and other similar products used for pelvic organ prolapse. The agency declared that transvaginal surgical mesh for pelvic organ prolapse does not provide any benefit over other means of treatment, and has been associated with hundreds of reports of serious problems.

Between 2008 and 2010, the FDA received more than 1,500 reports of transvaginal mesh problems after pelvic organ prolapse repair surgery, including erosion of the mesh into the vagina, contraction or shrinkage of the mesh, infection, pelvic pain, urinary problems, vaginal scarring among other complications.

A number of Gynecare Prolift mesh lawsuits have been filed against Ethicon, Inc., which is a subsidiary of Johnson & Johnson. At least 400 complaints have been filed in New Jersey state court over the Prolift mesh and other similar vaginal bladder sling products made by Ethicon, such as Gynemesh, Prolene Mesh and TVT slings.

In addition to Ethicon vaginal mesh products, problems have also been associated with slings sold by American Medical Systems (AMS), Boston Scientific, C.R. Bard and other companies. Transvaginal mesh lawyers are also reviewing potential claims against manufacturers of these products for women who experienced problems with surgical mesh for pelvic organ prolapse repair.

Continue reading "Ethicon Gynecare Prolift Mesh Linked to 11.6% Reoperation Rate" »

DePuy ASR and Pinnacle Metal on Metal Hips

July 29, 2011

As a Texas medical doctor and Dallas DePuy Pinnacle hip replacement Attorney I am providing this information and commentary.

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DePuy Orthopaedics ASR hip replacement devices have resulted in a tsunami of lawsuits against DePuy's parent company, Johnson & Johnson. Could the DePuy Pinnacle hip replacement result in a similar wave of litigation against the device maker?

According to sources, Johnson & Johnson faces approximately 1,000 lawsuits related to its metal-on-metal hip replacement devices. Both the ASR and the Pinnacle are metal-on-metal devices. The ASR devices were recalled following reports of high failure rates in the devices. The Pinnacle has not been recalled.

DePuy claims that a report from Britain that showed a high failure rate was the first sign that there was a problem with the metal-on-metal hip device. When DePuy knew about the high failure rate of its ASR devices will be a key issue in litigation concerning the ASR. Some lawsuits allege DePuy knew in 2007, approximately two years before the device was recalled, about the high failure rate associated with the ASR.

In addition to failure of the hip device—which can result in revision surgery to replace the faulty hip device—some patients say they have developed toxic levels of cobalt and chromium in their bloodstream, a side effect of metal debris coming loose from the hip replacement device. This medical condition is called metallosis.

Some lawsuits have been filed against DePuy concerning the Pinnacle, although those lawsuits reportedly number in the dozens, not in the thousands. According to reports, similar defects have been reported in the Pinnacle as in the ASR devices. DePuy defends the Pinnacle as a safe and effective device.

According to experts, Johnson & Johnson could face up to $1 billion in liability and costs linked to the DePuy ASR lawsuits. Many lawsuits filed against Johnson & Johnson have been consolidated in federal court. Whether or not Johnson & Johnson and DePuy Orthopaedics will face a wave of litigation related to the Pinnacle remains to be seen.

Continue reading "DePuy ASR and Pinnacle Metal on Metal Hips" »

Case Specific Discovery in Yasmin and Yaz Litigation

July 26, 2011

As a Texas medical doctor and Yaz Side Effect Product Liability attorney, I am providing this litigation update regarding the increased discovery that has been allowed in the federal MDL.

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NON-BELLWETHER CASE-SPECIFIC DISCOVERY.
The judge presiding over all federal Yaz lawsuits and Yasmin lawsuits has expanded the scope of discovery in the litigation beyond the selected bellwether cases. According to Judge Herndon's most recent order, "... This matter is before the Court for case management. The Court is in the process of compiling a list of the the "oldest 100 non-bellwether" cases. Thus, a list identifying the 100 member actions that will be subject to core, case-specific discovery pursuant to Doc. [1866] will be forthcoming..."

In essence the Court is allowing case-specific discovery to move forward in up to 100 other cases filed on behalf of women who allege that side effects of the Bayer birth control pills caused them to suffer injuries. The Court has expanded the scope of discovery beyond the 24 cases selected last year to serve as a pool of bellwether lawsuits. Case-specific discovery, including depositions of individual plaintiffs, will also now be permitted in the oldest 100 non-bellwether cases that have been filed.

About 6,350 lawsuits are now consolidated as part of the Yasmin and Yaz litigation in the U.S. District Court for the Southern District of Illinois and the number of cases is expected to only increase as Yaz, Yasmin and Ocella lawyers file additional cases.

All of the suits involve claims that Bayer failed to properly research their birth control pills or adequately warn about the increased risk of serious and potentially life-threatening injuries from the birth control pills containing drospirenone, such as a stroke, heart attack, pulmonary embolism, and deep vein thrombosis. Yaz and Yasmin were the first birth control pills to contain drospirenone, a new type of progestin.

The outcome of the bellwether trials and information obtained from the additional plaintiff depositions could help facilitate an eventual Yaz settlement agreement between the parties.

Continue reading "Case Specific Discovery in Yasmin and Yaz Litigation " »

Ethicon Gynecare Transvaginal Mesh Lawsuits

July 25, 2011

As a Texas medical doctor and Ethicon Gynecare Transvaginal Mesh Lawsuit attorney, I am providing this important update regarding the New Jersey litigation involving these products.

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Several hundred patients have filed a transvaginal mesh defective product lawsuit in New Jersey state court against Ethicon, Inc. and Johnson & Johnson over side effects from their Gynecare mesh products. Gynecare mesh products are used for treatment of pelvic organ prolapse and stress urinary incontinence.

Women filed these lawsuits, received Gynecare Prolift mesh, Gynecare Gynemesh, Gynecare Prolene mesh, Gynecare TVT sling or another pelvic mesh product manufactured by Ethicon, a subsidiary of Johnson & Johnson.

These transvaginal mesh products are used strengthen damaged tissue, to repair pelvic organ prolapse (POP) and female stress urinary incontinence (SUI). These products were marketed as a safe and effective alternative to traditional surgical procedures, and women allege that Ethicon Gyncare mesh problems caused them to experience pelvic pain, infections, urinary problems, erosion of the mesh and other complications.

All of the Ethicon Gynecare mesh lawsuits filed in New Jersey state court are centralized for pretrial proceedings before Judge Higbee in Atlantic County. According to court information, there are now about 500 cases that have been filed.

The lawsuits claim that Johnson & Johnson knew the products were unreasonably dangerous, but continued to manufacture and sell them. Other a;;egations iclude manufacturing a defective product, negligence, failure to warn, strict liability and fraud.

According to a study in the Journal of the American College of Obstetricians and Gynecologists, researchers concluded that there was a high rate of vaginal mesh failure with Gynecare Prolift mesh, while providing no difference in cure rates.

Earlier, the FDA issued a warning about the risk of problems from transvaginal mesh when used for pelvic organ prolapse, indicating that the agency was unable to find any significant benefit for the products over other available means of treatment.

In addition to Johnson & Johnson’s Ethicon mesh products, problems have also been associated with transvaginal mesh sold by American Medical Systems (AMS), Boston Scientific, C.R. Bard and other companies.

Continue reading "Ethicon Gynecare Transvaginal Mesh Lawsuits" »

Chronic NSAID Usage Linked to Heart Attack, Stroke and Death

July 18, 2011

As a Dallas Dangerous Drug attorney, I am writing about this interesting medical study in the recent American Journal of Medicine.

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According to the findings of a new medical study, patients with hypertension and heart problems who regularly take common over-the-counter painkillers could be at a greater risk of heart attack, stroke and death.

Non-steroidal anti-inflammatory drugs (NSAIDs) have been used in pain management in patients with osteoarthritis and other painful conditions. In the United States an estimated 5% of all visits to a doctor are related to prescriptions of non-steroidal anti-inflammatory drugs and they are among the most commonly used drugs. In 2004, rofecoxib, VIOXX, marketed as a cyclo-oxygenase-2 (COX 2) selective inhibitor, was withdrawn from the market after the results of a randomized placebo controlled trial showed an increased risk of cardiovascular events associated with the drug.

In this recent study, patients with heart disease and high blood pressure were at 47% increased risk of the cardiovascular events if they were chronic users of non-steroidal anti-inflammatory drugs (NSAIDs), examples include Advil, Aleve, Celebrex, Motrin and the recalled drug Vioxx.

The findings were published in the latest issue of The American Journal of Medicine. The study looked at data on 882 long-term NSAID users and 21,694 nonchronic NSAID users. All had hypertension and heart disease and had an average age of 65. Researchers found that 4.4 out of every 100 chronic NSAID users suffered a nonfatal heart attack, nonfatal stroke, or died. The rate was only 3.7 out of 100 for nonchronic NSAID users.

After five years of chronic NSAID use, high blood pressure patients with heart disease were at 126% increased risk of death and 66% increased risk of heart attack.

In June, Danish researchers published a study that found that NSAIDs could cause abnormal heart rhythms. That study, published in the British Medical Journal, found a 40% to 70% increase in the risk of atrial fibrillation among NDAID users. Use of non-aspirin NSAIDs was associated with an increased risk of atrial fibrillation or flutter. Compared with non-users, the association was strongest for new users, with a 40-70% increase in relative risk (lowest for non-selective NSAIDs and highest for COX 2 inhibitors). Atrial fibrillation or flutter needs to be added to the cardiovascular risks to be considered when prescribing NSAIDs.

In January, researchers found that all NSAIDs appeared to increase the risk of heart problems, and all except Aleve carried an increased risk of cardiovascular death. The study was published in the British Medical Journal, focusing on nonsteroidal anti-inflammatory drugs (NSAIDs). The researchers looked at the cardiovascular risk of seven different generic NSAIDs, including generic Aleve (naproxen), Advil and Motrin (ibuprofen), Voltaren and Cataflam (diclofenac), Celebrex (celecoxib), Arcoxia (etoricoxib), Vioxx (rofecoxib) and Prexige (lumiracoxib).

In June 2010, Danish researchers published a study that found evidence of NSAID heart problems, with the recalled drug Vioxx, as well as Voltaren and Cataflam being linked to the highest risk of death due to cardiovascular problems. Voltaren and Cataflam were also associated with double the risk of heart attack, while Vioxx was linked to triple the increased risk. The study was published in Circulation: Cardiovascular Quality and Outcomes, that indicated the class of drugs, which include Motrin and Advil, increase the risk of cardiovascular problems in healthy users. The study indicates that the risk appears to vary widely from brand to brand, with Vioxx, Voltaren and Cataflam as the worst offenders, and the pain reliever Aleve actually appearing to lessen the risk of death.

Lawsuits over Vioxx were filed by thousands of people following a September 2004 recall of the drug amid reports that it increases the risk of heart attacks and strokes. The prescription medication, which was approved for treatment of chronic pain from arthritis and other conditions that cause acute pain, was used by more than 80 million people worldwide.

Keywords: Coronary artery disease, Hypertension, Myocardial infarction, Nonsteroidal anti-inflammatory drugs, NSAIDs, Advil, Aleve, Cataflam, Celevrex, Heart Attack, Heart Disease, Motrin, Stroke, Vioxx

Continue reading "Chronic NSAID Usage Linked to Heart Attack, Stroke and Death" »

Denture Cream Zinc Poisoning Lawsuit Update

July 17, 2011

As a Dallas Denture Cream Side Effect Attorney, I am providing this Poligrip Zinc side effect litigation update.
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GlaxoSmithKline may have paid out more than $120 million in Poligrip denture cream settlements to resolve claims brought by consumers who suffered permanent nerve damage due to zinc in the adhesive products. According to sources, the manufacturer has settled more than 100 denture cream lawsuits at an average cost of just over $1 million per case.

Glaxo agreed to remove zinc from its line of denture-cream products after researchers linked some neurological problems, including nerve damage, to use of zinc-laden denture adhesives. The company’s Super Poligrip Original, Ultra Fresh and Extra Care products all contained zinc, which improves adhesive power. Glaxo and Procter & Gamble Co. (PG), the Cincinnati-based maker of the competing Fixodent denture cream, had lawsuits filed against them consolidated before a federal judge in Florida in 2005.

Product liability lawyers allege that the drugmakers knew for years that their products contained harmful levels of zinc and failed to warn customers. Zinc poisoning can deplete the body of copper, which can lead to nerve damage, resulting in weakness in the arms and legs, balance problems and memory loss.

A flood of law suits followed a 2008 University of Texas Southwestern Medical Center in Dallas medical study of patients suffering from neurological problems. The study linked the cause to denture-cream use. According to the complaints, high amounts of zinc in the denture adhesive can enter the body through use of Super Poligrip, leading to permanent neurological problems like neuropathy, numbness, tingling, pain, weakness, loss of sensation, loss of balance, paralysis and difficulty breathing.

The first Fixodent nerve damage trial is scheduled to begin on June 20. In that case, lawyers for Florida resident Marianne Chapman allege Procter & Gamble defectively designed Fixodent by including zinc in its formulation. The consolidated case is In Re Denture Cream Products Liability Litigation, 09-02051, U.S. District Court, Southern District of Florida (Miami.)

There have been no reports of Fixodent denture cream settlements. Proctor and Gamble argues that its products contained less zinc than those of Glaxo and that it does not believe Fixodent can cause neurological damage.

All federal lawsuits over zinc poisoning from denture cream have been centralized in the U.S. District Court for the Southern District of Florida for pretrial litigation. Individual complaints filed by dozens of people throughout the United States have been consolidated to avoid duplicative discovery, inconsistent pretrial rulings from different judges and to serve the convenience of the court, the parties and the witnesses.

Continue reading "Denture Cream Zinc Poisoning Lawsuit Update" »

Plavix Side Effect Lawsuit Filed

July 16, 2011

As a Plavix side effect attorney, I am providing this lawsuit update regarding the side effects from Plavix. Read further information from the FDA on Plavix.

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A Tennessee woman has filed a product liability and Plavix injury lawsuit against Sanofi-Aventis and Bristol-Myers Squibb, claiming that side effects of Plavix, a blood-thinning medication, caused her to suffer a blood clot in the brain, and that the drug makers over-promoted the medication without adequately disclosing the potential risks for users.

The Plavix lawsuit was filed on July 5 by Marcella Chesney in the U.S. District Court for the Eastern District of New York. Chesney alleges she was prescribed Plavix in March 2010, and four months later suffered subdural hematomas, which are blood clots on the brain. Chesney suffered permanent and debilitating injuries because of the injury from Plavix and will have to take medications for the rest of her life.

Chesney claims that Sanofi-Aventis and Bristol-Myers Squibb knew or should have known that Plavix was no more effective than aspirin as a blood thinner, but instead promoted the drug as a “super-aspirin.” Those claims are similar to a number of other Plavix injury lawsuits that have been filed in courts throughout the United States.

In April, Bristol-Myers Squibb and Sanofi called for a mass tort designation for the Plavix litigation pending in New Jersey state courts, where at least 40 claims have been filed. All of the complaints filed so far involve identical allegations, that the makers of Plavix promoted the expensive medication as a safer alternative to aspirin. Plaintiffs allege that they suffered injuries as a result of their unnecessary use of Plavix, such as gastrointestinal bleeding, heart attacks, strokes and a blood disorder known as TTP, or thrombotic thrombocytopenic purpora.

The drug makers have been accused of repeatedly overstating the safety and effectiveness of Plavix, and complaints point out that the companies were repeatedly cited by the FDA for illegal, off-label promotions and for advertising campaigns that trumpeted its benefits over aspirin and how safe it was; both claims according to several scientific studies and the FDA said were unproven.

QUICK FACTS: PLAVIX SIDE EFFECTS
Plavix (generic: clopidogrel bisulfate) is a drug that prevents the formation of blood platelets that could result in clotting. It is prescribed for heart attack prevention, stroke reduction and as an anticlotting agent.

The manufacturers promoted Plavix as a safer alternative to aspirin which reduces the risk of gastrointestinal problems. Recent studies indicate that Plavix provides no benefits over aspirin and actually increases the risk of heart attacks, strokes and gastrointestinal bleeding for some users.

Continue reading "Plavix Side Effect Lawsuit Filed" »

Yaz Injury Update: New Jersey BellWether Trials To Start

July 15, 2011

As a Yaz, Yasmin and Ocella side effect and blood clot attorney, and Texas Medical doctor I am providing this update regarding the bellwether trial status for the New Jersey State MDL litigation trial schedule.

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The first trial dates for any Yaz, Yasmin or Ocella lawsuits pending in New Jersey state court will begin in the fall of 2012, with at least two cases to be selected as test cases out of hundreds of claims pending in the state.

There are about 1,000 Yaz, Yasmin and Ocella product liability lawsuits pending in New Jersey state courts involving claims that women suffered serious or deadly injuries as a result of side effects of Yaz, Yasmin or Ocella birth control, containing the fourth-generation progestin drospirenone which are all manufactured by Bayer.

All of the suits involves claims that Bayer failed to properly research their birth control pills or adequately warn about the increased risk of serious and life-threatening injuries from the birth control pills containing drospirenone, causing stroke, heart attack, pulmonary embolism, and deep vein thrombosis.

According to a case management order issued July 8 by New Jersey Superior Court Judge Martinotti, the first Yaz trial in New Jersey state court should be ready to go before a jury on September 10, 2012. A second trial date has been set for November 27, 2012.

The parties have been directed to identify a pool of 18 cases that may be selected for an early trial date, known as bellwether cases. Judge Martinotti has asked each side to select three cases involving allegations of pulmonary embolism, three involving claims of gall bladder injury and three involving allegations of venous thromboembolism, such as a deep vein thrombosis (DVT).

In addition to the cases pending in New Jersey state court, more than 6,000 other cases are pending in federal court and other state court systems. The federal Yaz litigation has been centralized as part of a multidistrict litigation (MDL) before Judge Herndon in the U.S. District Court for the Southern District of Illinois.

At least three trial trial dates are anticipated in the federal MDL, one involving a pulmonary embolism, one involving a gallbladder injury and one involving a venous thromboembolism, with the first Yaz trial in federal court expected to begin early next year.

QUICK FACTS: YAZ LAWSUITS ALLEGATIONS
Throughout the United States, a number of Yaz birth control lawsuits have been filed against Bayer Healthcare Pharmaceuticals, Inc., which was formerly known as Berlex, Inc. and Berlex Laboratories, Inc., claiming that the drug makers:

Failed to adequately warn consumers and the doctors about the potential risk of Yaz side effects.
Failed to adequately test and research Yaz birth control before placing it on the market, which could have shown that patients would face an increased risk of heart attacks, strokes, pulmonary embolism, deep vein thrombosis and other life-threatening health problems.
Failed to issue a Yaz recall or remove the birth control pill from the market after it became apparent that it is an unreasonably dangerous drug, for which the harmful side effects outweigh any potential benefits provided over other available birth control pills.
Aggressively marketed Yaz and encouraged misuse and overuse despite the known Yaz dangers to maximize profits at the expense of patients’ health.

The drug makers had access to all the facts concerning the potential Yaz problems, and ignored the connection between their drug and deadly side effects. Yaz safety concerns were hidden and misrepresentations were made to to convince consumers and doctors to use the birth control pill instead of other available products. This increased the drug makers’ profits at the expense of women throughout the United States. Another example of corporations putting profits before people.

In complex litigation involving a large number of claims with similar underlying facts, early trials are useful in helping the parties gauge the strengths and weaknesses of their cases, and may help facilitate a possible Yaz settlement agreement that includes other lawsuits in the litigation.

Continue reading "Yaz Injury Update: New Jersey BellWether Trials To Start" »

Vaginal Mesh Injury Lawsuits

July 14, 2011

As a Vaginal Mesh Defective Product Lawsuits attorney, and Texas Medical doctor I am providing this important update.

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According to a safety communication issued by the Food and Drug Administration, Women who have vaginal surgery to fix a gynecologic condition called pelvic organ prolapse may wind up with more problems than benefits if a plastic mesh is used.

The FDA said it plans to convene an advisory committee to determine whether to ban the mesh - manufactured by Mass-based Boston Scientific Corp., Covidien PLC of Mansfield, and several other companies - for this procedure.

About 100,000 women with pelvic organ prolapse are treated with plastic mesh each year, but in most cases, according to the FDA, the condition can be treated successfully without mesh.

Mesh-related problems reported to the FDA include painful sexual intercourse, infections, urinary problems, and bleeding, usually from the mesh eroding through the stitched tissue or from skin contracting tightly around it.

Boston Scientific, is one of several companies that already face lawsuits over the mesh. Dozens of women who said they endured painful complications after the company’s mesh was implanted filed complaints last year in a California court, and many of the cases are now being transferred to jurisdictions across the country where the plaintiffs live.

Covidien, a company incorporated in Ireland with its corporate headquarters in Mansfield, supplies mesh to Bard, which markets it to health care providers to treat pelvic organ prolapse.
According to attorneys who represent more than 100 women in a complaint against Bard lodged in federal court in West Virginia, said the manufacturers initially designed the mesh for hernia repair. While regulators gave companies clearance to market it for pelvic organ prolapse repair, they did not look to see if, mechanically or otherwise, these products worked in the pelvis. “They should have known that they needed to check and test.’’

In 2008, the FDA announced that problems could be associated with transvaginal placement of the mesh, which is used along with surgical stitches to support sagging pelvic organs such as the bladder, uterus, and bowel after they have been lifted back out of the vagina, where they descended. From 2008 to 2010, the FDA received 1,503 adverse event reports associated with mesh used for pelvic organ prolapse repair, five times as many as the agency received from 2005 to 2007. It also received three reports of deaths that were related to the mesh placement procedure.

Recent studies indicate that about 10 percent of women who have the mesh placed transvaginally experience mesh erosion within 12 months of surgery and that more than half require additional surgeries to remove the mesh. Sometimes, the mesh becomes so intertwined with scar tissue that it cannot be removed. Furthermore, the FDA found that the mesh does not make the surgery any more effective.

According to Dr. William Maisel, the FDA’s deputy director of the Center for Devices and Radiological Health, “The evidence we reviewed calls into question the clinical benefit of mesh, and it certainly shouldn’t be used routinely for all transvaginal prolapsed repairs.''

In 2010, 75,000 women had vaginal surgery with mesh to repair pelvic organ prolapse. That surgery was performed three times as often as abdominal surgical mesh repair, according to the FDA, since it does not require a painful incision through the skin and offers a less painful recuperation for women.

The FDA cited studies showing abdominal mesh repair for pelvic organ prolapse led to vaginal erosion in 4 percent of women within 23 months of surgery. The FDA urged patients with the condition to ask their surgeon about all treatment options, including those without mesh, before having the operation.

The reassessment of surgical mesh comes as FDA reviews its fast-track system for clearing medical devices, which has been largely unchanged since the 1970s. Like 90 percent of medical devices sold in the U.S., pelvic mesh was cleared under the FDA's fast-track system, which grants market approval in 90 days to devices that are considered low-risk.

Medical device manufacturers have spent the last year lobbying the FDA and Congress to speed up device approvals as the government reviews the process. Safety advocates say the agency has been overusing the system and clearing high-risk devices that should be subject to more testing.

According to Dr. Diana Zuckerman, the agency should have required the studies it is now contemplating before mesh products were approved. "If they had been required to go through the more rigorous approval process, similar to that for prescription drugs, it would have been obvious years ago that surgical mesh has more risks than benefits in many types of surgery," said Zuckerman, who directs the National Research Center for Women & Families.

The FDA will hold a meeting in September to discuss studies that would identify which patients benefit most from mesh implants. The FDA will ask panelists at the meeting whether pelvic surgical mesh should be reclassified as a high-risk device.

Surgeons began using mesh to repair hernias in the 1950s, and over the next 40 years they adapted the technique for women's health conditions. FDA cleared the first mesh for prolapse in 2002, but since it was similar to devices that had been used for decades it did not have to undergo human testing.

The mesh was approved through the FDA's 510(k) process, which calls for companies to prove that a product is "substantially equivalent" to one already on the market -- usually without clinical studies on patients. The approval process is currently being scrutinized by the Institute of Medicine on behalf of the FDA.

Among the manufacturers are Boston Scientific Corp., American Medical Systems Inc. (now part of Pennsylvania-based Endo Pharmaceuticals) and Coloplast. Other companies making the mesh include Cook Medical, Covidien PLC, C.R. Bard Inc., and Ethicon, a division of Johnson & Johnson.

Continue reading "Vaginal Mesh Injury Lawsuits" »

Actos Bladder Cancer Injuries

July 13, 2011

Is an Actos recall in the works? As an Actos Bladder Cancer attorney, and Texas medical doctor I am providing this Actos update.

Actos (pioglitazone) is one of the world's widely prescribed diabetes medications. Also marketed in combination with glimepiride (Duetact) and metformin (Actoplus Met, Actoplus Met XR), Actos is used by millions of patients with Type-2 diabetes. The drug works by controlling blood glucose levels through its action with insulin.

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Now, Actos has also been linked to life-threatening side effects. In June 2011, the Food and Drug Administration (FDA) issued a warning to alert patients and healthcare professionals of an increased risk of bladder cancer associated with Actos. This followed another FDA warning, issued in June 2007, with reports of liver damage and cardiovascular problems among patients taking Actos.

If you have been diagnosed with bladder cancer or another condition you feel may be linked to taking Actos, the FDA recommends that you schedule an appointment with your doctor immediately.

Bladder Cancer Risk and Actos Usage

The FDA issued its Actos bladder cancer warning after an interim analysis of a 10-year epidemiological study conducted by the drug's manufacturer, Takeda Pharmaceuticals. The analysis showed no increased risk of bladder cancer among users as a whole. The longest-term users of Actos and those with the highest cumulative dose of the drug showed increased levels of bladder cancer.

A separate study of Actos, conducted in France, has also linked the drug to bladder cancer. The FDA is aware of these findings and has stated that it intends to conduct a thorough review of the study and its findings. The agency has also stated that it will continue monitoring data from Takeda's ongoing study.

In the meantime, the FDA has advised patients that taking Actos for longer than a year puts them at risk. The FDA recommends that patients with active bladder cancer avoid taking Actos. Physicians should use caution when prescribing Actos to patients with a history of bladder cancer, weighing the benefits of the drug to the risk of recurrence.

The FDA has also provided the following tips for patients:

Taking Actos may increase your odds of developing bladder cancer
Go to a doctor if you notice that your urine is red in color or if you see blood; if you are experiencing an extreme urge to urinate or pain while doing so; or if you are experiencing pain in your lower abdomen or back
Do not take Actos if you are receiving bladder cancer treatment
Report any side effects you notice to the FDA MedWatch program
Read the medication guide you get with your Actos prescription, which contains detailed information on risks associated with the drug

These warnings and recommendations will appear on the Warnings and Precautions section of the drug's label, and in the accompanying medication guide.

Actos Side Effects and Potential Injuries
The FDA's latest Actos warning follows another warning issued in June of 2007. At that time, the agency issued a "black box warning" requiring the manufacturers of Actos and Avandia (known as thiazolidinediones) to include warnings alerting patients and their doctors of cardiovascular and liver problems linked to the drug. Black box warnings appear on the packaging of drugs and are the strongest action taken by the FDA short of a recall.

These warnings were issued after the findings of a Cleveland Clinic study showed that thiazolidinedione use increased the risk of heart attack by as much as 42 percent. The findings also showed an increased risk of hepatitis, liver inflammation, elevated liver enzymes (an indication of liver damage) and liver failure.

Continue reading "Actos Bladder Cancer Injuries" »

Yaz Pulmonary Embolism PE

July 12, 2011

As a Yaz, Yasmin and Ocella Blood Clot side effect and wrongful death attorney, and Texas medical doctor I am providing this update.

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In one of the latest court battles pitting consumers against a giant drugmaker, thousands of victims are alleging Bayer did not provide adequate warnings about the health risks associated with Yaz, and they are blaming the drug for causing blood clots, heart attacks, strokes and sudden deaths.

Yaz and its predecessor, Yasmin, are oral contraceptives, including widely used generics such as Ocella, that contain a combination of the estrogen ethinyl estradiol and a synthetic hormone drospirenone. Both drugs were made by Berlex Labs, which was acquired in 2006 by Bayer Healthcare, the U.S. division of Bayer AG. The Food and Drug Administration approved Yasmin in 2001, and five years later they allowed Berlex to begin selling Yaz, another version of the drug.

The two pills, backed by heavy marketing campaigns, quickly became best-sellers, generating billions in annual sales for Bayer. When they were approved by the FDA, the pills were considered safer than older forms of oral contraceptives because they were taken for 24 days rather than the usual 21. But there were concerns about the health risks associated with drospirenone. A year after Yasmin went on the market, the nonprofit consumer advocacy group Public Citizen placed the drug on its list of “Do not use pills.”

The group warned consumers that Yasmin did not work better than older oral contraceptives that were less likely to cause dangerous side effects like blood clots. Sidney Wolfe, director of Public Citizen’s Health Research Group, said “When you have enough evidence to suggest that there is no unique benefit and there are unique risks, that should be it.”

In the case of Yaz, the product liability lawsuits claim that Bayer provided inadequate warnings about the health risks for women taking the drospirenone-containing birth control pills.

Yaz Pulmonary Embolism PE Risks
It is important to understand that if you are taking Yaz birth control, you are at a higher risk of Yaz pulmonary embolism. Women in the following categories have an even higher risk for Yaz related pulmonary embolism:

If you are over the age of 35
If you smoke more than 15 cigarettes per day
If you have a family or personal history of pulmonary embolism or blood clots

Yaz Death
Pulmonary embolism usually results in death because the emergency units cannot reach the patient in time. A staggering statistic is that 33 percent of all untreated pulmonary embolism attacks result in death. It is hard to process that the death may have been prevented with adequate information and packaging. Women should have been informed of the increased risks involved with taking Yaz birth control including PE and death.

More than 1,000 lawsuits have been filed in Bergen County — one of four courts where the mass tort litigation will be heard. Thousands of other cases are filed in courts in Philadelphia, California and Illinois.

In June, FDA regulators acknowledged new evidence that raised more questions about the safety of Yaz and birth control pills like it, including the top-selling generic Ocella. The agency posted a notice on its website saying it was aware of studies recently published in the British Medical Journal that showed oral contraceptives containing drospirenone were two to three times more likely to cause blood clots than other birth control pills.

Continue reading "Yaz Pulmonary Embolism PE" »

Multaq Study Stopped: Linked to Other Heart Problems

July 7, 2011

As a Multaq Dangerous Drug attorney and Texas medical doctor, I am providing this information on a drug company sponsored trial of its drug Multaq, which was halted because of increased cardiovascular side effects and injuries.

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Sanofi, maker of dronedarone (Multaq), has stopped its phase 3b trial of its antiarrhythmic drug due to an increase in cardiovascular events seen in patients with permanent atrial fibrillation - an unapproved indication for the antiarrhythmic drug. The PALLAS trial was testing the drug in patients with permanent atrial fibrillation (AF) and at least one other cardiovascular disease risk factor; at present, dronedarone is approved in patients with nonpermanent AF.

According to the primary medical investigator, ". . . there was a significant increase in major cardiovascular events, and in our study that was defined as a composite of stroke, MI, systemic embolism, or cardiovascular death. . . . These were pretty important events."

Multaq, is approved for patients with the non-permanent kind of atrial fibrillation. The trial, known as the PALLAS study, was testing Multaq’s usefulness in patients with permanent atrial fibrillation (more than 6 months of the abnormal rhythms).

Dronedarone has faced a range of criticisms since its approval in the US in July 2009, including questions about its safety/efficacy tradeoff and the design and execution of the ATHENA study. Just last week, newspapers in France reported that French health authorities had concluded that the efficacy of dronedarone was "insufficient"—an opinion that could lead to the drug being dropped from the country's drug reimbursement formulary.

Dronedarone, sold by sanofi-aventis, is currently approved to treat atrial flutter and paroxysmal or persistent - but not permanent atrial fibrillation.

The phase 3b trial, called PALLAS, had enrolled 3,148 patients with permanent atrial fibrillation, with 70% showing symptoms for more than two years, according to a company statement. Sanofi did not specify the cardiovascular events seen in the dronedarone-treated patients, or the magnitude of the increase.

In January, sanofi-aventis and the FDA warned that reports of acute liver injury associated with the drug had been received. The statement noted that patients with permanent atrial fibrillation and "vascular risk factors" are at high risk for cardiovascular events.

An earlier trial of dronedarone in patients with relatively severe heart failure, called ANDROMEDA, was halted early when mortality in patients receiving the drug was found to be twice that seen in the control group.

Sanofi-aventis has alerted healthcare professionals to several reports of liver function test abnormalities and hepatocellular injury in patients treated with its atrial fibrillation drug dronedarone (Multaq). The Dear Healthcare Provider letter included two post-marketing case reports of acute liver failure that required transplantation, occurring at four-and-a-half and six months after the start of dronedarone therapy. The patients - both female and about 70 years old - had had normal hepatic serum enzymes before starting the drug.

In the letter, sanofi-aventis instructed healthcare professionals to tell patients to immediately report any symptoms suggestive of hepatic injury. According to the FDA, these include anorexia, nausea, vomiting, fever, malaise, fatigue, right upper quadrant pain, jaundice, dark urine, or itching.

Periodic liver enzyme tests, especially in the first six months of treatment, should also be considered, according to the FDA, although it is unknown whether such a strategy will prevent the development of liver injury.

Dronedarone's prescribing information will be updated to include the guidance from the Dear Physician letter, and will be distributed after the FDA approves it. The agency confirmed that a warning about potential liver injury will be added to the drug's label.

According to the FDA, from the drug's approval in July 2009 through October 2010, about 492,000 prescriptions for dronedarone were dispensed and about 117,000 patients filled prescriptions at U.S. pharmacies.

The drug was approved with a Risk Evaluation and Mitigation Strategy to prevent use in patients with severe heart failure or in those with less severe heart failure who were recently hospitalized for the condition. Such patients had a doubling in the risk of death in a placebo-controlled study.

Continue reading "Multaq Study Stopped: Linked to Other Heart Problems" »

AMS Vaginal Sling Lawsuits

July 6, 2011

As a Texas Bard Avaulta litigation and Product Liability Attorney and Texas medical doctor, I am providing this update.

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Laura Jones, of El Paso, Texas, has filed a lawsuit against American Medical Systems (AMS) over problems with vaginal mesh manufactured by the company. Jones had an AMS vaginal sling implanted in June 2009 to restore normal vaginal structure. Following the pelvic organ prolapse surgery, Jones experienced severe pain, urinary problems and had to undergo surgeries to have the AMS surgical mesh removed. The complaint was filed last month in Los Angeles Superior Court by against AMS and a number of other unnamed manufacturers.

According to Jones’ lawsuit, the transvaginal sling eroded, shrunk and part of it extruded into her vagina. The complaint alleges that AMS failed to warn patients about the risk of vaginal mesh side effects, claiming that the manufacturer should be held responsible under theories of strict liability, negligence, breach of implied and express warranty, fraud, misrepresentation and violating California consumer protection laws.

Recently, several AMS vaginal mesh lawsuits have been filed for women who experienced problems after receiving pelvic organ prolapse products. The FDA issued a warning about vaginal mesh complications in October 2008, indicating that more than 1,000 people had reported experiencing problems with products made by at least nine different manufacturers. Recently a medical study revealed that there were more complications with the vaginal mesh slings. In the study published in the New England Journal of Medicine, researchers found that vaginal mesh surgery brought better results for treating pelvic organ prolapse, but carried risks of surgical complications and other problems after surgery, including pain during sex and new urinary incontinence.

Last year, settlements were reached in a number of Mentor ObTape vaginal mesh lawsuits filed by women who experienced problems after receiving that product. The product made by a subsidiary of Johnson & Johnson. The complaints alleged that the complication rate associated with Mentor ObTape mesh could be as high as 18%. The Mentor ObTape was removed from the market in 2006, three years after it was introduced.

Over the past year, a growing number of Bard Avaulta vaginal mesh lawsuits have also been filed by women who have experienced problems. All of the complaints involve similar claims that C.R. Bard’s Avaulta Anterior and Posterior BioSynthetic Support System, which was introduced in 2007, was negligently designed and that the company failed to warn patients of possible complications that can result in severe pain and disfigurement.

In October 2010, the federal Bard Avaulta litigation was consolidated as part of an MDL for pretrial proceedings in the U.S. District Court for the Southern District of West Virginia.

Continue reading "AMS Vaginal Sling Lawsuits" »

Chantix Increases Heart Attacks

July 5, 2011

As a Texas Chantix side effect and Product Liability Attorney and Texas medical attorney, I am providing this update.
New medical research suggests that Chantix side effects increases the risk of heart attacks, strokes and other cardiovascular events.

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Pfizer’s smoking cessation drug Chantix raises the risk of suffering a cardiac event by 72%, according to a study published in the Canadian Medical Association Journal.

Researchers found that those who took Chantix were substantially more likely to suffer heart problems than those who took a placebo, and two of the co-authors suggested that the findings were strong enough that the FDA should consider a Chantix recall due to the risk of heart attack and stroke.

The study comes just three weeks after the FDA issued a drug safety communication about the risk of heart problems from Chantix, warning that the smoking cessation drug might increase the risk of certain cardiovascular events, including the risk of heart attack, among individuals who had cardiovascular disease. The U.S. Food and Drug Administration (FDA) is notifying the public that the smoking cessation aid Chantix (varenicline) may be associated with a small, increased risk of certain cardiovascular adverse events in patients who have cardiovascular disease. This safety information will be added to the Warnings and Precautions section of the Chantix physician labeling. The patient Medication Guide will also be revised to inform patients about this possible risk.

The warning risk of a heart attack or stroke from Chantix is just the latest of serious side effects associated with the drug. Warnings about the risk of life-threatening psychological side effects of Chantix, which increases the risk of suicide, was added to a black box on the medications label two years ago.

Chantix (varenicline) was approved in the United States by the FDA in 2006 as a prescription medication to help people quit smoking. The prescription medication designed to help people stop smoking already holds the title of being the drug associated with the most FDA adverse event reports of any prescription medication in the United States.

A number of Chantix lawsuits have been filed in courts throughout the United States on behalf of individuals who have died or suffered serious injuries as a result of a suicide or unusual behavior allegedly caused by Chantix.

Continue reading "Chantix Increases Heart Attacks" »

DePuy ASR and Pinnacle Metal on Metal Hips

June 26, 2011

As a DePuy ASR and Pinnacle Metal on Metal Hips attorney, I am providing this update. It is in our nature to want the latest and greatest — whether it is a faster car, a smarter computer or a smaller cell phone, and this applies equally to medicine, where we want the newest and presumably safer drugs and medical devices.

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But medical innovation can become a trap for the unwary; we are now seeing this playing out with deadly consequences for thousands of patients who are using the 4th generation birth control pills Yaz and Yasmin over the safer 3rd generation older contraceptive pills and those folks who now are the recipients of metal on metal artificial hips.

The metal-on-metal hips, were regarded by hip manufacturers and surgeons as a technological break through over previous designs that used both metal and plastic. Now the FDA (who had been asleep at the wheel) and medical researchers are panicking to determine how many implant recipients have been injured by the devices.

The Food and Drug Administration recently ordered manufacturers of all metal hips to undertake emergency studies of patients. The rush to implant the latest and greatest, and patients' demand shows how innovation’s siren call led a product promoted as a breakthrough without convincing evidence that it was better or even as good as existing options.

In 2010, DePuy, the orthopedics division of Johnson & Johnson, recalled one of its all-metal hips, the ASR, which was failing at a high rate. Furthermore, another DePuy product, the Pinnacle (which has not yet been recalled) is now under scrutiny for excessive failures. Another manufacturer, Zimmer Holdings, also briefly halted sales of one of its metal models, the Durom. DePuy, Zimmer and other companies continue to deny that there are any problems with their products.

THE modern artificial hip, which was developed in the 1960s, uses a simple design. A metal “ball” made of cobalt and chromium replaces the top of the thigh bone, while a “cup,” typically made of plastic, serves as an artificial hip socket. By the 1990s, the devices were considered highly effective, with studies then finding that implants still worked a decade after surgery in 95 percent of patients.

By 2008, metal on metal hips were used in one out of every three hip replacements, of approximately 250,000 hips implanted annually in the United States. By using a metal cup, which is thinner than a plastic one, a surgeon could implant a bigger ball component, which was assumed to be less likely to dislocate than a smaller one. But recent research, demonstrates that such oversized components may be the reason the devices shed metallic debris.

As the number of affected patients nationwide increased, it became apparent that the devices had not been properly tested. Under F.D.A. regulatory rules, most all-metal hips do not have to undergo clinical trials before sale. They are tested in labs on machines that simulate millions of steps to study the forces exerted by years of motion. According to testing experts, all-metal devices proved worse than metal-and-plastic ones to small variations in how they were implanted, with components sometimes striking together and generating debris.

The devices, as a group, are twice as likely as metal-and-plastic ones to require early replacement, according to data from Australia’s orthopedic registry, one of the most comprehensive databases on implants. Most importantly, damage from debris generated by metal implants in some patients, has caused crippling tissue and muscle damage, and has produced neurological problems, a condition known as metallosis.

It is estimated, about 500,000 patients in the United States may have gotten an all-metal hip, and thousands will have painful early-replacement procedures. The lawsuits against DePuy and other makers of all-metal hips may emerge as the largest product liability cases of this decade.

Continue reading "DePuy ASR and Pinnacle Metal on Metal Hips" »

Supreme Court Immunizes Generic Drug Manufacturers

June 25, 2011

As a Dangerous and Defective Drug attorney, I am writing this opinion piece, regarding the latest US Supreme Court Generic Drug Decision, which in my humble opinion is disastrous to Patient Safety. The case is PLIVA, Inc. v. Mensing.

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On June 23, 2011, the United States Supreme Court ruled in a 5-4 decision that Generic Drug Manufacturers cannot be sued for failing to warn consumers of the possible side effects of their defective products, as long as they use the same warnings on the brand-name drugs. This decision is absurd on its face; this means that brand-name drug manufacturers can be held responsible for their failure to warn consumers about the dangers, but generic manufacturers are now provided an all encompassing shield that brand-name manufacturers do not have.

The seriousness and ramifications of this opinion cannot be understated. The Court’s decision now prevents millions of Americans, who have been seriously injured by generic drugs, from seeking compensation for their injuries. Generic drug manufacturers have a huge business in the United States. This opinion immunizes those drug manufacturers from liability. Another win for Big Pharma, and the consumer gets it again.

The dissent, ridiculed the Court’s decision, stating, “As a result of today’s decision, whether a consumer harmed by inadequate warnings can obtain relief turns solely on the happenstance of whether her pharmacist filled her prescription with a brand-name or generic drug. The Court gets one thing right: this outcome makes little sense.” “In some States, pharmacists must dispense generic drugs absent instruction to the contrary from a consumer’s physician. Even when consumers can request brand-name drugs, the price of the brand-name drug or the consumers’ insurance plans may make it impossible to do so. As a result, in many cases, consumers will have no ability to preserve their state-law right to recover for injuries caused by inadequate warnings.”

In many cases, once generic versions of a drug enter the market, the brand name manufacturers stop selling the drug. A consumer may have no option but to use a generic drug, and then find themselves without a remedy if they develop a catastrophic injury.

This decision also means that brand-name manufacturers will be held to a different yet safer standard. The Supreme Court decided in Wyeth v. Levine, brand-name manufacturers are responsible for their warning labels and required to update them at all times.

Patients will now be taking generic drugs at their own risk. It is absurd that doctors and patients will have to make medical decisions knowing that only brand-name drug manufacturers – not generics – can be held accountable for their drugs' dangerous side-effects.

Today, 70 percent of all prescription drugs are filled with generic versions, accounting for about 2.6 billion prescriptions every year. Additionally, the generic drug industry continues to expand – nine of the industry's 10 biggest blockbuster drugs are going off-patent within in the next few years.

The ruling is an immense blow for consumer rights, equality and fairness, principals upon which the American legal system was founded.

Actos Bladder Cancer Warning & Side Effects

June 23, 2011

As an Actos Side Effects Lawsuit and Piaglitazone Bladder Cancer Lawyer, I am writing this Actos update, regarding the Actos dangerous drug cancer side effects.

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Actos (pioglitazone) is a medication manufactured and sold by Takeda Pharmaceuticals for treatment of Type 2 diabetes. The drug is part of the same class of medications as Avandia (rosiglitazone), which has been linked to an increased risk of heart attacks.

What is Actos?
Actos or Pioglitazone is used with a diet and exercise program and sometimes with other medications, to treat type 2 diabetes. Pioglitazone is in a class of medications called thiazolidinediones. It works by increasing the body's sensitivity to insulin, a hormone that controls blood sugar levels. Pioglitazone is not used to treat type 1 diabetes or diabetic ketoacidosis.

Fast FDA Facts About Actos
*Sold as a single-ingredient product under the brand-name Actos. Also sold in combination with metformin (Actoplus Met, Actoplus Met XR) and glimepiride (Duetact).
*Used along with diet and exercise to improve control of blood sugar in adults with type 2 diabetes mellitus.
*From January 2010 through October 2010, approximately 2.3 million patients filled a prescription for a pioglitazone-containing product from outpatient retail pharmacies.

Diabetes Drug Actos Bladder Cancer Risks
The FDA has issued a new warning of increased bladder cancer risk associated with use of the diabetes drug Actos (pioglitazone).The agency's warning comes five days after Germany and France pulled Actos from the market.

The warning comes after a review of data from a five-year analysis of an ongoing study of Actos by the manufacturer, Takeda Pharmaceuticals.The results show that although there was no increased risk of bladder cancer among Actos users overall, there was an increased risk of bladder cancer among those who had used the drug the longest. There was also a greater risk of bladder cancer among Actos users who had been exposed to the highest cumulative dose of the drug.

According to the FDA, Actos should not be prescribed to people with bladder cancer or people with a history of bladder cancer.Some medical experts believe that an Actos recall is imminent or that new warnings about the risk of bladder cancer from Actos should be added to the medication.

Research Data Summary
To address the long-term risk of bladder cancer associated with pioglitazone use, the drug manufacturer (Takeda) is conducting a ten-year, observational cohort study in patients with diabetes who are members of Kaiser Permanente Northern California (KPNC) health plan. Patients selected in this study had diabetes mellitus and were ≥40 years of age at study entry. The study group included 193,099 patients with diabetes.

The primary outcome of the cohort study is an incident (new) diagnosis of bladder cancer identified from the KPNC cancer registry. A planned five-year interim analysis was performed with data collected from January 1, 1997 through April 30, 2008.

The results showed that after adjusting for risk factors, there was no significant increase in the risk for bladder cancer in patients ever exposed to pioglitazone compared to patients never exposed to pioglitazone.

But, the risk of bladder cancer increased with increasing dose and duration of pioglitazone use. Compared to never being exposed to pioglitazone, a duration of pioglitazone therapy longer than 12 months was associated with a 40% increase in risk. The hazard ratio after more than 24 months of pioglitazone use was 1.4. Based on these data, FDA calculated that duration of therapy longer than 12 months was associated with 27.5 excess cases of bladder cancer per 100,000 person-years follow-up, compared to never use of pioglitazone.

Possible signs or symptoms of Actos bladder cancer may include:

Blood in the Urine
Pain During Urination (Dysuria)
Frequent Urination
Feeling of Need to Urinate Without Results

Although it appears that information about the risk of Actos cancer problems has been known to the manufacturer for some time, inadequate warnings were provided to consumers and medical doctors. Further, it appears that the manufacturer may have placed their desire for profits ahead of patient safety by failing to adequately warn about the potential risk of bladder cancer. As a result, consumers diagnosed with bladder cancer may be able to obtain compensation through an Actos lawsuit.

Continue reading "Actos Bladder Cancer Warning & Side Effects" »

Zimmer NexGen Knee Replacement Injury

June 22, 2011

As a TEXAS Zimmer NexGen Knee replacement attorney, I am providing this update regarding the request for consolidation of these cases in one federal court.

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A motion was filed in June, calling for all Zimmer NexGen knee lawsuits filed in various federal district courts throughout the United States to be centralized before one judge for coordinated handling during pretrial proceedings as part of an MDL, or multidistrict litigation.

Zimmer NexGen knee replacement lawyers expect that there may become many similar claims filed on behalf of individuals who allege that they received a defective knee implant and had to undergo revision surgery or suffered permanent and debilitating injuries as a result of a problems with a Zimmer NexGen knee.

The motion was filed on June 6 on behalf of plaintiff Fred Stone, who has proposed that the federal Zimmer NexGen knee litigation be consolidated in the U.S. District Court for the Northern District of Illinois.

At the time the motion was filed there were 28 Zimmer NexGen knee implant claims pending in 13 federal judicial districts across the country, and plaintiff attorneys indicated that there were at least 200 other potential cases that had not yet been filed.

All of the lawsuits involve problems with the Zimmer NexGen high-flex knee implants, Zimmer NexGen MIS tibial components or Zimmer NexGen LPS gender solutions. Some patients who received the Zimmer NexGen knee replacement systems complained about a number of problems, including reports of pain, loosening of the implant and failure of the replacement knee leading to revision surgery.

Plaintiffs claim to have suffered catastrophic implant failures, had permanent problems walking or had to undergo revision surgery to remove or replace the implants because they failed far in advance of their projected lifespan. Plaintiffs allege that the device maker stated that using the Zimmer NexGen knee was safe, despite knowledge of serious injuries associated with the components. Zimmer also understated the risk of Zimmer NexGen knee problems, according to allegations raised in the complaints.

In September 2010, recalls were issued for several components due to apparent manufacturing defects or design defects. A Zimmer NexGen MIS recall was issued for more than 68,000 knee components following at least 114 reports of problems that caused some individuals to experiencing loosening of the parts or the need for additional knee surgery. In addition, a Zimmer NexGen LPS recall was issued due to nonconfirming and inconsistent geometry.

More than 150,000 Zimmer NexGen CR and Zimmer NexGen CR-Flex Porous Femoral implants have been sold since 2003, and some doctors have reported experiencing a substantially higher-than-expected failure of the replacement knee within a few years of surgery.

MDL Consolidation Pending
Consolidation of the lawsuits over Zimmer NexGen knee replacement systems before one judge as part of an MDL is designed to reduce duplicative discovery, avoid contradictory rulings from different judges and to serve the convenience of the court, witnesses and parties. While the pretrial management of the cases in an MDL is often managed similar to how a Zimmer NexGen class action lawsuit would be handled, each claim will still remain an individual lawsuit.

The U.S. Judicial Panel on Multidistrict Litigation is scheduled to consider consolidation of the cases next month at a hearing on July 28 in San Francisco, California.

Continue reading "Zimmer NexGen Knee Replacement Injury" »

Zocor Rhabdomyolysis Side Effects & Injury

June 21, 2011

As a Texas Zocor 80 mg Rhabdomyolysis Side Effects & Injury Attorney, I am providing this update regarding the recent FDA June 8, 2011 warning notice.

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The FDA is calling for severe limits on the use of the cholesterol drug ZOCOR, generic simhttps://www.accessdata.fda.gov/scripts/medwatch/medwatch-online.htmvastatin at its highest dose, because of an increased risk of muscle injury, myopathy and rhabdomyolysis from Zocor side effects. The product liability lawyers at Dr Shezad Malik Law Firm are evaluating and accepting potential Zocor lawsuits for individuals who have been injured, since it appears that the manufacturer knew or should have known of these serious side effects and failed to issue warnings for the 80 milligram (mg) dosage.

On June 8, the FDA required that new warnings to be added to the label for cholesterol-lowering medications containing simvastatin, indicating that 80 milligram dose has been associated with an increased risk of myopathy. The medication is also used in combination with other drugs in the medications Vytorin and Simcor.

Zocor rhabdomyolysis side effects causes 5 out of every 100,000 people who regularly take Zocor 80 mg dose to be hospitalized. Rhabdomyolysis from Zocor is a rare but serious and potentially life-threatening injury, which causes muscle tissue to break down and can lead to kidney damage or kidney failure, requiring kidney transplant.

Symptoms and Signs of Zocor rhabdomyolysis include:
Muscle Cramps, Muscle Tenderness, Stiffness, Pain
Dark Urine, no Urine

Zocor is a cholesterol-lowering drugs known as statins. All statins carry some risk of rhabdomyolysis and myopathy, BUT the risk appears to be unacceptably high with 80 mg doses of simvastatin. That risk is increased even further when combined with certain other drugs and in people who are genetically predisposed to Zocor rhabdomyolysis.

The FDA released these new recommendations and warnings after reviewing clinical trial data and other information which has been available to the manufacturers for some time.

Fast Facts About ZOCOR Simvastatin
*Sold as a single-ingredient generic medication and under the brand-name Zocor. It is also sold in combination with ezetimibe as Vytorin, and niacin as Simcor.
*Used together with diet and exercise to reduce the amount of low-density lipoprotein (LDL) cholesterol (“bad cholesterol”) in the blood to decrease the risk of heart attack, stroke, and cardiovascular death.
*The 80-mg dose lowers the LDL cholesterol by an additional 6% over simvastatin 40 mg.
*It is estimated that approximately 2.1 million patients in the U.S. were prescribed a product containing 80-mg simvastatin in year 2010.

ZOCOR LAWSUIT EVALUATIONS
Individuals who have suffered Zocor muscle problems or rhabdomyolysis after using 80 mg simvastatin may be entitled to compensation through a Zocor lawsuit as a result of the manufacturer’s failure to fully research the side effects of simvastatin at high doses or adequately warn about the risk of Zocor problems.

If you as a patient have a severe injury from taking ZOCOR you can file a complaint with the FDA HERE:

Contact FDA
Report a Serious Problem
1-800-332-1088
1-800-FDA-0178 Fax

MedWatch Online

Regular Mail: Use postage-paid FDA Form 3500
Mail to: MedWatch 5600 Fishers Lane
Rockville, MD 20857

Continue reading "Zocor Rhabdomyolysis Side Effects & Injury" »

Crestor Side Effects & Cardiomyopathy

June 19, 2011

As a Crestor Side Effect attorney and cardiologist, I am writing this blog article to highlight the side effects of cardiac for patients who are taking statins, particularly Crestor to manage their high cholesterol levels.

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According to new medical studies, the use of statins, especially Crestor, can be a major cause of cardiomyopathy, a heart problem caused by heart muscle weakening. Statins are prescribed to lower cholesterol levels. The drugs do this by by inhibiting the key enzyme HMG-CoA reductase, which is involved in the cholesterol synthesis pathway. But a side effect of statins leads to reduced levels of Coenzyme Q10, an important chemical required for proper muscle functioning.

A 2009 Lancet article focused on that issue and indicated that statins, like Crestor, as one cause of heart failure. (See Florkowski, S Molyneux, P George, M Lever, N-3 polyunsaturated fatty acids and statins in heart failure, Lancet 2009.)

Cardiovascular side effects from Crestor use are serious and may be life-threatening. If you or a loved one experienced cardiovascular injury or death, congestive heart failure, or immune-mediated necrotizing myopathy while taking Crestor, you may have a claim.

Crestor (generically known as Rosuvastatin), is an oral prescription drug designed to reduce the cholesterol blood levels when used together with lifestyle changes of diet and exercise. AstraZeneca, the manufacturer, designed the drug to reduce the production of cholesterol in the liver and by increasing the liver’s ability to remove “bad” LDL cholesterol. Crestor has been marketed as a "super-statin" because it claims to lower LDL cholesterol more than other statin drugs.

There are currently five statin drugs on the market in addition to Crestor: Lescol (fluvastatin), Lipitor (atorvastatin), Mevacor (lovastatin), Pravachol (pravastatin) and Zocor (simvastatin). Baycol (cerivastatin), another statin drug, was removed from the market in 2001 because of serious side effects reported by patients.

Crestor History
The FDA withheld approval for Crestor following concerns to the recall of Baycol and the kidney and muscle side effects reported in Crestor drug trials that were similar to those associated with Baycol. The FDA approved Crestor in August 2003 for the 5, 10, 20, and 40 mg doses following a clinical trial involving approximately 12,000 patients. The 80 mg dosage was not approved.

In March 2004, the non-profit organization Public Citizen asked the FDA to remove Crestor from the market, stating that Crestor side effects were severe and that the drug should never have been placed on the market. Read the FDA response to the Public Citizen petition on Crestor. The FDA issued a Public Health Advisory for Crestor on June 9, 2004, warning of the “increased risk for serious muscle toxicity (myopathy) associated with Crestor use, especially at the highest approved dose of 40 mg.”

In March 2005, the FDA issued an alert warning that “Rhabdomyolysis (serious muscle damage) has been reported in patients taking Crestor as well as other statin drugs. The labeling for Crestor has been revised to include information on the safe use of Crestor to reduce the risk for serious muscle toxicity, especially at the highest approved dose of 40 mg.”

Zocor Side Effects and Warnings
FDA in June 2011 warned about the risk of muscle injury in patients taking the highest dose of anti-cholesterol Zocor. Now patients and plaintiffs considering a Crestor lawsuit may be considering if the FDA’s Zocor warning applies to Crestor side effects. The FDA has recommended to patients and doctors that, “Zocor, Simvastatin 80 mg should not be started in new patients, including patients already taking lower doses of the drug.”
Click here for Public Citizen opinion of Zocor.

SEARCH Study Results Leads to FDA Zocor Warning
The recent FDA study was based on data from the trial SEARCH (Study of the Effectiveness of Additional Reductions in Cholesterol and Homocysteine) which assessed the frequency of serious cardiovascular injuries, including heart attack and death, in patients who took the maximum Zocor dosage of 80 mg as compared to those who took only 20 mg of the drug.

Crestor Side Effects Similar to Zocor Warning
Zocor muscle injuries are similar to the Crestor side effects. The higher the dosage of a “super-statin,” the greater the risk a patient runs of developing Crestor side effects such as muscle pain and weakness, and the potentially fatal rhabdomyolysis, in which muscle fiber breakdown products is released into the bloodstream and causes kidney damage or failure.

Continue reading "Crestor Side Effects & Cardiomyopathy" »

Fosamax Bisphosphonate Femoral Fracture Litigation

June 16, 2011

Dr Shezad Malik Law Firm is currently evaluating and accepting Fosamax long bone fracture cases and defective drug product liability claims. We are providing this Fosamax lawsuit update for the benefit of our readers and current Fosamax injury clients.
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All federal Fosamax Femur low-impact bone fractures lawsuits have been consolidated for pretrial proceedings as part of a new MDL, or multidistrict litigation, which will be centralized in the U.S. District Court for the District of New Jersey.

At least 37 Fosamax fracture lawsuits are currently pending in federal district courts throughout the United States, and those cases will be transferred to New Jersey for further litigation. In addition, as new complaints over femur fractures on Fosamax are filed in the federal court system, they will also be added to this new MDL.

Fosamax lawsuits over jaw problems, known as osteonecrosis of the jaw, which will remain centralized as part of a different MDL in the U.S. District Court for the Southern District of New York.

All of the complaints involve similar allegations that side effects of Fosamax, can increase the risk of atypical thigh bone fractures, which often occur with little or no trauma at all. Plaintiffs claim that Merck failed to adequately warn about the risk of femur fractures from Fosamax, or that users should seek immediate medical attention if they experience groin pain, which may occur several weeks before a complete fracture while on Fosamax.

In October 2010, the FDA required new warnings about the risk of bone fractures from Fosamax and other similar bisphosphonate medications. There are currently more than 900 Fosamax jaw lawsuits consolidated in New York, as part of an MDL that was established in August 2006. Fosamax fracture lawsuits were previously excluded from that MDL, because it was determined that the evidence of general causation leading to femur fractures would likely differ substantially from cases dealing with jaw bone damage.

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FDA To Investigate YAZ, Yasmin and Ocella

June 5, 2011

As a Texan YAZ, Yasmin, Ocella Dangerous Drug and Side Effect Attorney and medical doctor, we are in the process of evaluating, accepting and filing lawsuits against Bayer regarding the dangerous side effects of YAZ, Yasmin, Ocella oral contraceptives.
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The Food and Drug Administration said it is conducting a safety review of certain types of drospirenone containing birth-control pills to see if they increase the risk of blood clots when compared to other older birth control pills.

The FDA said the review is focusing on products that contain drospirenone, which is used in pills including Yaz and Yasmin, which are marketed Bayer AG. Drospirenone is a type of female sex hormone called a progestin.

Most birth-control pills contain two types of hormones, estrogen and progestin. The FDA said two recently published studies reported a greater risk of blood clots for women taking birth-control pills containing drospirenone, compared to birth-control pills containing another progestin known as levonorgestrel.

The FDA said some previous studies have reported that the risk of blood clots for women who use birth-control pills containing drospirenone is higher than that for women who use birth-control pills containing levonorgestrel.

Blood clots form inside a vein, known as deep vein thrombosis, or DVT. The clots can break loose and travel to other areas of the body such as the lungs, known as pulmonary embolism, or PE.

The FDA said it is "currently evaluating the conflicting results from these studies and will look at all currently available information to fully assess the risks and benefits of drospirenone-containing birth-control pills." An FDA-commissioned study involves more than 800,000 U.S. women and results are expected later this summer.

The European Medicines Agency said the risk of developing blood clots for oral contraceptives containing drospirenone was higher than that of pills containing levonorgestrel. EMA said the product labels of birth-control pills containing drospirenone will be updated.

The most recent studies were published earlier this year in the British Medical Journal. They compared women taking birth-control pills containing drospirenone with women taking birth-control pills containing levonorgestrel and found the risk of blood clots to be 2 to 3 times greater among women taking drospirenone products.

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Cell Phones and Brain Cancer Attorney

June 4, 2011

As a Dallas, Texas Personal Injury and Product Liability attorney I am providing this update regarding the risk of brain cancer and cell phone use.
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In 2010, a major study in 13 countries found no clear evidence that exposure to the radiation from cellphones causes brain cancer. The International Agency for Research on Cancer, a unit of the World Health Organization (WHO), declared this week that the radiation is “possibly carcinogenic” to humans.

The agency, stated that heavy users of cellphones had an increased risk of developing a rare brain tumor known as a glioma. Cellphones were placed in a “possibly carcinogenic” category.

The report comes as a proposed class action lawsuit against 19 defendants, mostly cell phone manufacturers and telecommunications companies, has landed at the U.S. Supreme Court. The defendants which include Nokia, AT&T Inc and Samsung Electronics Co Ltd are accused of misrepresenting that their cell phones are safe, when they in fact knew of potential dangers.

Still, many experts remain skeptical, and despite a huge world wide increase in cellphone use over the past twenty years, brain cancer rates in the United States have been declining. Scientists are unclear as to how the radio frequency waves emitted by cellphones, which may break chemical bonds and disrupt DNA, cause cancer.

The Food and Drug Administration, which regulates the safety of cellphone emissions, said it would review the forthcoming research study carefully but that “the existing weight of scientific evidence does not show an association between non-thermal radio frequency energy and adverse health outcomes.”

Heavy users of cellphones might want to use headsets, speaker phones or text messaging to keep the device at a distance. Many folks would be surprised to learn that cellphone manufacturers, to prevent personal injury liability claims, already advise users in very small print to hold the phones a short distance from the body while making telephone calls.

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Propecia Side Effect Attorney

June 2, 2011

We are currently evaluating and accepting PROPECIA induced sexual dysfunction cases.

Eddie Sebastia from Florida has filed a product liability lawsuit against Merck, he alleges that side effects of the hair loss drugs Propecia and Proscar ruined his sex life.
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The Propecia erectile dysfunction lawsuit was filed by Sebastia, claims that Merck failed to warn doctors and patients that side effects of Propecia, or Proscar, could result in permanent sexual problems.

Sebastia took Propecia and Proscar from 1998 to 2008, and claims that the medications caused him to develop erectile dysfunction, testicular pain, descreased sex drive, depression and anxiety.

Propecia (finasteride) was approved in 1992 for the treatment of benign prostatic hyperplasia, and also is approved to treat male pattern baldness. It was originally marketed by Merck as Proscar.

In March, researchers from the U.S. published a study in the Journal of Sexual Medicine that found side effects of Propecia were linked to sexual problems in men. Researchers indicated that the class of drugs known as 5-alpha-reductase inhibitors can cause loss of libido, depression erectile dysfunction, reduced semen production and growth of male breast tissue. They also agreed that in some cases these side effects appeared to be permanent.

While the drugs carried some warnings, the lawsuit alleges that those warnings were insufficient and understated the potential risks.

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YAZ, Yasmin, Ocella Dangerous Drug Side Effect

June 1, 2011

I am a Texas YAZ, Yasmin, Ocella Dangerous Drug Attorney and medical doctor and we are in the process of evaluating, accepting and filing lawsuits against Bayer regarding the dangerous side effects of YAZ, Yasmin, Ocella oral contraceptives.
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Bayer’s birth control pills will be reviewed by FDA regulators after some studies suggested they may cause more blood clots than other oral contraceptive medicines.

According to the FDA, two recent reports in the British Medical Journal found a twofold to threefold greater risk of blood clots in women taking pills like Bayer’s Yaz.

European regulators said last week that they were revising the products’ prescribing information to include the new safety findings.

While all birth control pills pose a risk of blood clots, the F.D.A. review focuses on the hormone drospirenone, found in Bayer’s Yaz, Yasmin, Beyaz and Safyral. The agency expects to have results later this summer of an 800,000-person study it commissioned to examine the risks.

In the meantime, regulators said doctors and patients should watch for symptoms of blood clots, including leg or chest pain.

RECOMMENDATION: If your birth control pill contains drospirenone, do not stop taking it without first talking to your healthcare professional. Contact your healthcare professional immediately if you develop any symptoms of blood clots, including persistent leg pain, severe chest pain, or sudden shortness of breath. If you smoke and are over 35 years of age, you should not take combination oral contraceptives because they increase the risk that you could experience serious cardiovascular events, including blood clots.

Healthcare professionals and patients are encouraged to report adverse events or side effects related to the use of these products to the FDA's MedWatch Safety Information and Adverse Event Reporting Program:

Complete and submit the report Online: www.fda.gov/MedWatch/report.htm

Continue reading " YAZ, Yasmin, Ocella Dangerous Drug Side Effect" »

DePuy Pinnacle Replacement Recall Lawsuit

May 26, 2011

As a DePuy Pinnacle Hip Failure and Replacement Attorney, I am providing this new information for my product liability clients.
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On August 2010, there was a recall of the DePuy ASR XL artificial hip, and now DePuy may be facing the recall of the Pinnacle Acetabular Component. All federal lawsuits over DePuy Pinnacle hip replacement problems have been consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation, which will be centralized in the U.S. District Court for the Northern District of Texas, Dallas.

The U.S. Judicial Panel on Multidistrict Litigation issued an order establishing the MDL, which will result in the transfer of 60 DePuy Pinnacle hip lawsuits currently pending in federal district courts throughout the United States.

Like the DePuy ASR XL, the Depuy Pinnacle is a metal on metal system that was designed to last at least 10-15 years but now, orthopedic surgeons are reporting that these devices have been failing within one to two years of being implanted into their patients.

DePuy, a division of Johnson & Johnson, has implanted over 150,000 Pinnacle hip replacements since 2001. Its recent recall of the defective ASR metal-on-metal hip implant systems has thousands of hip implant patients to have additional hip revision surgeries.

The ASR and Pinnacle are both metal on metal systems, and the ASR is a monoblock design, the Pinnacle uses a modular system. The ASR cup is made of one solid piece of metal, the Pinnacle has an outer shell and the Pinnacle is designed allow the surgeon the option to place a metal, ceramic or polyethylene liner inside the metal outer cup.

The Pinnacle 36 mm Ultamet Metal-on-Metal component is failing at an unacceptably high rate. Research suggests that there is a design problem, and the device has been created with one of the lowest clearance levels in the industry. Experts investigating the product design believe that DePuy created a very narrow window for proper placement of the prosthesis and inadequately trained surgeons in the proper implantation technique.

The recalled DePuy ASR system and the Pinnacle was permitted under the U.S. Food and Drug Administration’s (FDA) 510(k) approval process, which allows a medical device to be placed on the market without being subjected to clinical trials as long as the manufacturer can show that the device is “substantially equivalent” to a device already approved on the market. DePuy’s ASR system avoided clinical trials by showing that it was similar to the DePuy Pinnacle hip replacement system.

The FDA has received complaints and adverse incident reports against the Pinnacle system, and the Pinnacle’s propensity to prematurely separate from the bone. Constant friction in the metal on metal Pinnacle causes an increased risk of metallosis, the release of metal particles into the surrounding soft tissue or bloodstream, particularly chromium and cobalt.

The Dr Shezad Malik Law Firm hip replacement team continues to investigate claims of Pinnacle failures and counsel our clients on what to do in the event that they need revision surgery.

Continue reading "DePuy Pinnacle Replacement Recall Lawsuit " »

SimplyThick Necrotizing Enterocolitis NEC

May 25, 2011

Dr Shezad Malik Law Firm is investigating the connection between SimplyThick and cases of http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0002133/">necrotizing enterocolitis (NEC) in premature infants. What is the Connection Between SimplyThick and Necrotizing Enterocolitis?
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NEC has no definitive known cause. An infectious agent has been suspected, as cluster outbreaks in neonatal intensive care units (NICUs) have been seen, but no common organism has been identified. Pseudomonas aeruginosa is suspected for causing necrotizing enterocolitis in premature infants and neutropaenic cancer patients, often secondary to gut colonization. A combination of intestinal flora, inherent weakness in the neonatal immune system, empirical antibiotic use for 5 days or more, alterations in mesenteric blood flow and milk feeding may be factors. The most common area of the bowel affected by NEC is near the ileocecal valve (the site of transition between the small and large bowel). NEC is almost never seen in infants before oral feedings are initiated. Formula feeding increases the risk of NEC by tenfold compared to infants who are fed breastmilk alone. Expressed breast milk protects the premature infant not only by its antiinfective effect and its immunoglobulin agents but also from its rapid digestion.

There are 15 reported cases of necrotizing enterocolitis in premature infants who were fed mother’s breast milk or infant formula thickened with SimplyThick, and 2 of the babies have died. The babies were fed SimplyThick for varying amounts of time before symptoms of NEC appeared. Major NEC symptoms include the following:

green vomit
diarrhea or bloody stools
swollen belly (abdomen)
red or blue color in the belly
breathing problems
slow heart rate.

The cases of necrotizing enterocolitis all involve premature infants who became sick over the past six months. Necrotizing enterocolitis most often occurs in babies within the hospital early in their premature course. But among the SimplyThick babies, some had been discharged from the hospital to home on a feeding regimen that included SimplyThick and then fell ill at home.

Severe cases of NEC can result in the following:

A segment of intestine may need to be removed.
Scarring and narrowing of the bowel.
The intestine may not be able to absorb nutrients normally, malabsorption.
If SimplyThick caused the NEC, and the baby dies, then the family has a wrongful death claim against the manufacturer.

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DePuy Pinnacle Replacement Hip MDL

May 23, 2011

As a DePuy Pinnacle hip lawsuit attorney, I am providing this update regarding the location of the MDL centralization.

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All federal lawsuits over DePuy Pinnacle hip replacement problems have been consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation, which will be centralized in the U.S. District Court for the Northern District of Texas.

The U.S. Judicial Panel on Multidistrict Litigation issued an order establishing the MDL, which will result in the transfer of at least 57 DePuy Pinnacle hip lawsuits currently pending in federal district courts throughout the United States.

The litigation will be centralized before Judge Kinkeade for coordinated handling. In addition, as new complaints are filed by individuals who have experienced problems with a DePuy Pinnacle hip replacement, those cases will also be transferred to the Northern District of Texas for pretrial proceedings.

All of the lawsuits involve similar allegations that the DePuy Pinnacle Acetabular Cup System was defectively designed or manufactured, and that inadequate warnings were provided about the risk of complications or problems following hip replacement.

The MDL Panel determined that the actions all involve common questions of fact and that centralization of the cases will serve the convenience of the parties and witnesses, as well as promote the just and efficient conduct of the litigation. Establishing a DePuy Pinnacle Hip MDL will also help eliminate duplicative discovery, prevent inconsistent pretrial rulings on discovery and other issues, and conserve the resources of the parties, the lawyers and the court.

The Panel selected the Northern District of Texas for the DePuy Pinnacle MDL because it is a geographically central location and has favorable docket conditions. The cases will be assigned to Judge Kinkeade, who is currently presiding over at least one of the cases, as the Panel determined that Judge Kinkeade has a current caseload conducive to handling the litigation.

Although plaintiffs requested that the centralized proceedings only include the DePuy Pinnacle metal-on-metal hip replacements, excluding those that use a polyethylene liner, the Panel determined that at this early stage the scope of the docket will not be limited. Therefore, lawsuits over all configurations of the DePuy Pinnacle Acetabular Cup System will be included as part of the MDL, as the manufacturer requested.

Continue reading "DePuy Pinnacle Replacement Hip MDL " »

SimplyThick Necrotizing Entercolitis Recall

May 21, 2011

As a Dallas SimplyThick Necrotizing Enterocolitis attorney, I am providing this FDA update and press release.
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FDA notified parents, caregivers and health care providers not to feed SimplyThick, a thickening agent for management of swallowing disorders, to infants born before 37 weeks. The product may cause necrotizing enterocolitis (NEC), a life-threatening condition characterized by inflammation and death of intestinal tissue. SimplyThick is a brand of thickening agent—available to consumers and medical centers—to help manage swallowing difficulties. It is sold in packets of individual servings and in 64-ounce dispenser bottles. The product can be purchased from distributors and local pharmacies throughout the United States.

On May 20, the FDA issued a SimplyThick public health warning following 15 cases of necrotizing enterocolitis (NEC) in premature infants who were fed it, including at least two deaths. The FDA said the thickening agent should not be given to any infants who were born before 37 weeks of gestation.

FDA officials said they were first made aware of the potential risk of bowel problems from SimplyThick after reports were submitted by doctors to the FDA’s Adverse Event Reporting System (AERS) on May 13. At least four different medical centers have had infants contract necrotizing enterocolitis from SimplyThick.

FDA officials indicate that they are unable to determine, why SimplyThick side effects would cause necrotizing enterocolitis in premature infants. The condition usually affects infants very early, but those that appear to be related to SimplyThick had a late onset, with some not being affected until they had been released from the hospital.

Necrotizing enterocolitis is an intestinal disorder that results in inflammation and necrosis of intestinal tissues. It is usually diagnosed in premature babies and can be life-threatening. Symptoms can include a bloated abdominal area, green-tinged vomiting and blood stools.

The FDA is currently investigating the link between SimplyThick and the bowel problems for infants. Parents, doctors and care givers are urged not to give SimplyThick to premature infants. Parents and caregivers who have questions or concerns related to the use of the product and/or who have medical concerns should contact their health care provider.

Health care professionals and patients are encouraged to report adverse events or side effects related to the use of this product to the FDA's MedWatch Safety Information and Adverse Event Reporting Program by:

Completing and submitting the adverse report online: www.fda.gov/MedWatch/report.htm
Downloading the pre-addressed, postage-paid FDA Form 3500 (calling 1-800-332-1088 request the form), and faxing it to 1-800-FDA-0178; or
Mailing the completed form to MedWatch 5600 Fishers Lane, Rockville, MD 20857.

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Steven Johnson's Syndrome Verdict Against J&J Motrin

May 20, 2011

As a Dallas, Texas Steven Johnson Syndrome attorney, I am providing this jury verdict against J&J Motrin.
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A Pennsylvania jury ruled that a Johnson & Johnson (JNJ) unit must pay $10 million in damages to the family of a 13-year-old girl who suffered skin burns and eye damage after she took Children’s Motrin.

Jurors found J&J’s McNeil Consumer Products unit liable for Brianna Maya’s injuries. Maya, was left blind in one eye and suffered burns over 84 percent of her body after taking Motrin in 2000 when she was 3 1/2.

J&J, and McNeil have faced at least two other jury trials over claims the companies hid the pain relievers’ links to Stevens-Johnson Syndrome, an allergic drug reaction that can leave patients with damaged eyes, blistered mouth and burned skin.

A California jury cleared J&J and McNeil of liability in 2008 for injuries suffered by an 11-year-old girl who took the pain relievers and developed the syndrome. Two years later, a federal jury in Illinois awarded a woman who took Children’s Motrin and suffered similar injuries $3.5 million in damages. A judge threw that award out on procedural grounds.

In the Philadelphia case, Maya's attorney argued that Maya developed a rash, skin lesions, eye infections and lung damage after taking Children’s Motrin in 2000, according to court filings. He contended J&J officials didn’t include a warning on that year’s label alerting consumers the fever medicine can trigger Stevens- Johnson Syndrome.

The companies later warned that ibuprofen, the pain reliever’s active ingredient, could trigger “a severe allergic reaction,” the symptoms of which could include rashes and blisters, according to court filings. The Philadelphia Court of Common Pleas jury found that McNeil was negligent for not providing a proper warning about Children’s Motrin’s risks and that failure was “a factual cause” of the girl’s injuries. The panel rejected claims that the pain reliever was defectively designed or that McNeil officials’ conduct warranted an award of punitive damages.

The case is Maya v. Johnson & Johnson, 002879, February Term 2009, Court of Common Pleas, Philadelphia County (Philadelphia).

Continue reading "Steven Johnson's Syndrome Verdict Against J&J Motrin" »

Zimmer Durom Cup Hip Lawsuit Update

May 16, 2011

As a Zimmer Durom Cup hip lawsuit attorney, I am provided this litigation update.

The pending federal Zimmer Durom Cup hip lawsuits that were consolidated and stayed in the multidistrict litigation, or MDL, are now starting to move forward, as Zimmer has been ordered to answer the complaints in cases where mediation has occurred and no settlement has been reached.
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Some Zimmer Durom Cup settlement agreements have been reached, and mediations are continuing in other claims. At least seven lawsuits were designated this month as “Non-Settling Cases”, which will allow discovery to begin.

In June 2010, all product lawsuits regarding Zimmer Durom Cup hip replacements were consolidated and centralized as part of an MDL in the U.S. District Court for the District of New Jersey.

In a recent court order, Judge Arleo lifted the stay with respect to the non-settling Zimmer Durom Cup lawsuits, allowing the parties to begin the exchange of information needed to prepare the cases for trial. The parties have been permitted to proceed with depositions with respect to common issues and case-specific issues in the non-settling cases.

The Zimmer Durom Cup hip implant was first introduced in the United States in 2006, and almost immediately complaints emerged about a high number of hip replacement failures involving the Zimmer Durom Cup, where the component loosened and required revision surgery.

A temporary Zimmer Durom Cup recall was issued in July 2008, so that revisions could be made to the product’s warnings and instructions to ensure that doctors were properly trained on the surgical techniques needed to implant the artificial hip correctly. Read the FDA Zimmer Durom Cup recall packet.

Approximately 12,000 individuals had the Zimmer Durom Cup hip system implanted between 2006 and 2008. While Zimmer’s 2008 estimates suggested that failure rates as high as 5.7%, some claims have suggested that between 20% and 30% of people may experience problems with a Zimmer Durom Cup hip.

Continue reading " Zimmer Durom Cup Hip Lawsuit Update" »

Depakote Lawsuits Filed For Children with Spina Bifida and Other Neural Tube Birth Defects

May 14, 2011

Abbott Laboratories is being sued by children who were born with birth defects, after their pregnant mothers took the epilepsy drug Depakote.
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The Depakote lawsuit was filed on May 3 in St. Clair County Circuit Court in Illinois by plaintiffs from across the country. The complaint alleges that Abbott Laboratories failed to fully research the side effects of the antiepileptic drug and failed to adequately warn about the risk of spina bifida and other birth defects from Depakote.

Depakote was approved in the United States in 1978 for treatment of certain forms of epilepsy. Depakote pregnancy side effects have been linked to an increased risk of severe birth defects when taken during the first trimester.

According to allegations, Abbott knew about the potential risk of Depakote birth defects on or before the date it began marketing the drug in the United States, and failed to adequately warn women or the medical community about the true nature and extent of the risk.

In 1995, a study reported an incidence rate of neural tube defects from Depakote, that was ten times greater than with other anti-epileptic drugs. Other research has found that more than one out of every ten infants exposed to Depakote during the first few weeks of pregnancy may develop major congenital abnormalities.

The families allege that Abbott attempted to minimize the risk of Depakote birth defects and disregarded the danger on the product labeling. The drug maker has also allegedly worked to expand the drug’s use through “off-label” promotions for depression, bi-polar disorder and treatment of migraines.

In 2006, the FDA added a “black box” warning about the potential risk of Depakote birth defects after a study found that 20% of pregnant mothers who gave birth while on Depakote had a child with malformations or a birth defect. Birth defects associated with Depakote include spina bifida, cleft palate, abnormal skull development, malformed limbs, holes in the heart and urinary tract problems.

In May 2010, medical researchers found that Depakote injuries to infants could occur after using the drug as early as the first trimester, which means that by the time many women discover they are pregnant, it could be too late to get off the drug and avoid birth defects for their unborn child.

Continue reading "Depakote Lawsuits Filed For Children with Spina Bifida and Other Neural Tube Birth Defects" »

FDA Investigates Metal on Metal Hip Manufacturers

May 10, 2011

The Food and Drug Administration has ordered all producers of “metal-on-metal” artificial hips to undertake studies, which have been linked to high early failure rates and severe health effects.

The producers of “metal-on-metal” hips will have to conduct studies of patients to determine whether the implants are shedding high levels of metallic debris.
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The FDA on May 6 sent the request to J&J and 20 other device makers, including Biomet Inc., Stryker Corp. and Zimmer Holdings Inc., asking them to conduct postmarket surveillance of the hip replacements.

Metal-on-metal hips, in which the ball-and-socket components are made from metals like cobalt and chromium, accounted for about one-third of the 250,000 hip replacement procedures preformed annually in the United States.

In March, the British Orthopaedic Association, reported that one model of all-metal hip made by a unit of Johnson & Johnson was projected to fail in one-half of the patients who received it within six years after implant. The company no longer sells the ASR device.

The British medical group also estimated, based on hospital data, that the early failure rate for all-metal hips made by other manufacturers was higher than expected, ranging from 12 to 15 percent within five years after implant. Artificial hips are designed to last for 15 years or more.

According to Dr. Maisel, the F.D.A. official, it was up to each manufacturer to determine how to conduct its studies. Under the agency rule, producers have 30 days to file a proposed plan with the F.D.A. He also said companies would be expected to collect information from patients who received the devices, including taking blood samples to determine the levels of metallic ion in their systems.

The companies are also being asked to determined how frequently the devices are failing.

“This is the largest group of studies that we have asked for,” for an approved class of devices, said Dr. Maisel.

Along with the DePuy division of Johnson & Johnson, other major producers of hip implants include Zimmer, Stryker, Biomet and Wright Medical.

Continue reading "FDA Investigates Metal on Metal Hip Manufacturers" »

Zimmer NexGen LPS Lawsuit

May 9, 2011

As a Zimmer NexGen LPS Lawsuit Attorney, I am providing this update.
Product liability lawsuits have been filed by individuals who experienced problems with Zimmer NexGen LPS knee replacements, alleging that they required revision surgery after the artificial replacement knee systems began to loosen or fail.
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The Zimmer NexGen LPS knee lawsuits were filed by Angela Coleman, of Michigan, David R. Langevin, of Minnesota, and Barry Davis, of Kentucky. All three complaints involved knee replacements with Zimmer NexGen Legacy Posterior Stabilized (LPS) parts, which use a “high-flex” femoral component.

The Zimmer NexGen LPS “high-flex” components are designed to allow a greater degree of flexion than the standard femoral component. The plaintiffs allege that higher flexation places the knee replacement at a higher risk of loosening.

Plaintiffs indicate that the device maker created the impression that using the Zimmer NexGen knee was safe, despite knowledge of serious injuries associated with the components. According to allegations raised in the complaints, Zimmer understated the risk of problems with Zimmer NexGen LPS-Flex Gender Solutions.

According to a study published by The Journal of Bone and Joint Surgery (British Edition) in 2007, researchers found that 38% of individuals implanted with a Zimmer NexGen LPS-Flex total knee replacement reported loosening shortly after 2 years post implant, with more than half of those individuals requiring knee revision surgery due to pain.

A Zimmer NexGen LPS recall was issued in September 2010, involving certain high-flex femoral components that were found to have nonconforming and inconsistent geometry. Over the past year, a number of patients throughout the United States have filed a Zimmer NexGen knee replacement lawsuit alleging that they experienced similar problems as a result of design defects associated with various components.

In March 2010, concerns were raised when Dr. Richard A. Berger, presented data that suggested problems with the Zimmer NexGen CR-Flex knee resulted in the need for revision surgery in nearly 9% of cases examined and caused knee replacement loosening in more than a third of cases. Most of the complaints filed in recent months over the Zimmer knee replacements have been Zimmer NexGen CR-Flex lawsuits.

Continue reading "Zimmer NexGen LPS Lawsuit " »

Bisphosphonate Use and Atypical Femoral Fractures

May 5, 2011

According to a large European study published this week, Bisphosphonates, a class of drugs used to prevent and treat osteoporosis is associated with an unusual type of thigh fracture.
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According to orthopedic surgeons, they were seeing an increase in cases where are severe fractures in which the thighbone snaps in two. Last October, the federal Food and Drug Administration announced a change in labeling on the drugs to reflect the risk of atypical fractures in patients taking bisphosphonates.

In the current study, published in the New England Journal of Medicine, researchers analyzed data from all 1.5 million women in Sweden who were age 55 or older in 2008. They obtained X-rays of 1,234 of the 1,271 women with fractures and found 59 who suffered the more unusual kind of fracture.

The women with atypical fractures were also compared with 263 controls with fractures in a similar location. The researchers found that 78% of the women with atypical fractures took bisphosphonates, compared with 10% of controls.

Bisphosphonates, which include brands such as Actonel, Zometa and Boniva, are used mainly by post-menopausal women as a way to prevent fractures that are associated with osteoporosis. Some 36.5 million prescriptions were dispensed for the drugs in 2010, and total U.S. sales were more than $4.2 billion.

Bisphosphonates examples include: Alendronate (Fosamax), Etidronate (Didronel), Ibandronate (Boniva), Risedronate (Actonel), Zoledronic acid (Reclast).

Per Aspenberg, a professor of orthopedic surgery at Linköping University in Sweden and a co-author of the study, said the findings indicated a patient's risk of fracture diminished by 70% after stopping the drugs for a year. Aspenberg noted that if a person has taken bisphosphonates for five years, they could stop taking the drug and its protective effect will last for at least another five years as the risk for atypical fractures decreases. Given this finding, Aspenberg thinks patients should take a drug holiday after five years.

Continue reading "Bisphosphonate Use and Atypical Femoral Fractures " »

DePuy ASR Hip Recall Metallosis Explanation

May 3, 2011

Over the last few months our office has been inundated with phone calls from patients suffering from bone pains, hip dislocations, injuries and concerns over the DePuy ASR Hip Implant Recall that officially began in August of 2010. Texas hip replacement patients with the ASR implant devices in them have raised serious concerns about their blood cobalt levels and chromium levels and are rightly concerned about what the future holds for them.
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Nobody looks forward to having a hip replacement, it is usually an option of last resort, especially with the long, slow recovery time and the pain and suffering that it is involved. Toxic cobalt levels have been linked to an inflammatory condition that is linked with necrosis of surrounding tissue and eventual bone loss in the hip joint.

The Food and Drug Administration (FDA) recently launched Web information pages to address the risks and side effects associated with metal-on-metal hip implants. A serious concern with metal hip implants is metallosis. Metallosis is the result of the body reacting to a metal implant. It occurs when the rubbing of metal-on-metal components releases cobalt and chromium ions into the bloodstream. The resulting local effect is inflammation and scarring around the implant. Other side effects associated with metal-on-metal hip implants include pain in the groin, hip or leg, swelling near the hip joint and a limp or change in walking ability.

The ASR Hip Resurfacing System and ASR XL Acetablular Systems were recalled after the devices were associated with higher failure rates than other models. A second, corrective surgery was needed in 12 to 13 percent of patients five years after the initial operation.

We currently have a client who was the recipient of bilateral DePuy ASR hips. Over the past few months she began to experience increasing pain in the hips joints. Simultaneously, it was noted she had elevated cobalt and chromium blood levels. Just last week, she had both DePuy hips removed and replaced in a lengthy operation.

I admire her courage to having both surgeries at the same time. She explained, that she had no choice, she was a care giver to an elderly mom and her husband and did not have the time to go through 2 separate hip surgeries, to deal with recovery and rehabilitation period, which could last several months. We spoke to her today, one week out of her surgery. She was recovering from the ordeal and was in good spirits.

Continue reading "DePuy ASR Hip Recall Metallosis Explanation" »

Antidepressant SSRI Birth Defects & Cranial Malformations

May 1, 2011

As a Dallas Antidepressant SSRI Birth Defects & Cranial Malformation Attorney, I am writing about the current state of SSRI induced birth defect lawsuits.

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Selective seratonin reuptake inhibitor drugs are known as SSRI antidepressants.
Serious side effects are linked to the following antidepressants when taken while pregnant:

* Prozac®, * Xanax®, * Wellbutrin®, * Paxil®

Children born with heart birth defects, lung birth defects and other congenital birth defects have been linked to the possible use of a group of antidepressant drugs classified as Selective Serotonin Re-uptake Inhibitors (SSRI) by women during pregnancy. In a medical study, infants exposed to SSRI antidepressants during the first trimester of pregnancy had a 60% higher probability of developing congenital heart defects compared to newborns whose mothers did not take SSRI antidepressants.

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According to the FDA, healthcare professionals are advised to carefully weigh the potential risks and benefits of using SSRI therapy in women during pregnancy and to discuss these findings as well as treatment alternatives with their patients.

Additional research recently published in the New England Journal of Medicine shows that use of anti-depressant medications during the latter half of pregnancy increases the risk the newborn will develop a serious respiratory disorder known as Persistent Pulmonary Hypertension (PPHN). When a newborn suffers from Persistent Pulmonary Hypertension (PPHN), the pulmonary arteries (blood vessels in the lungs) fail to fully open, and the newborn is unable to oxygenate his/her blood. Without an adequate supply of oxygen-rich blood, the infant can suffer serious complications.

Data from this study indicate that the use of Selective Serotonin Reuptake Inhibitors (SSRIs) such as Prozac®, Zoloft® and Paxil® during the second half of pregnancy may increase the risk of Persistent Pulmonary Hypertension (PPHN) by as much as six times the normal risk.

The anti-depressant drugs – known as Selective Serotonin Reuptake Inhibitors (SSRIs) include the following:

* Paxil® (paroxetine), * Zoloft® (sertraline), * Wellbutrin® (bupropion), * Celexa® (citalopram), * Cipralex® (escitalopram), * Luvox® (fluvoxamine), * Remeron® (mirtazapine), * Effexor® (venlafaxine), * Prozac® (fluoxetine)

Continue reading "Antidepressant SSRI Birth Defects & Cranial Malformations " »

Zimmer NexGen CR-Flex Porous Knee Litigation

April 30, 2011

As a Dallas Zimmer NexGen CR-Flex Porous knee replacement system and lawsuit attorney, I am providing this Zimmer update.
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Some Zimmer NexGen knee replacement systems have been linked to reports of pain, loosening of the implant and failure of the replacement knee leading to revision surgery. These cases are being reviewed by Zimmer NexGen knee lawyers, who are evaluating the damages for individuals who have experienced problems after a Zimmer knee replacement.

Several different components used as part of Zimmer NexGen knee replacement systems have been associated with a potential increased risk of problems, which may result in pain, limited range of motion, loosening of components or the need for additional revision surgery. In March 2010, data was presented by a group of knee surgeons that indicates nearly 9% of patients who received the Zimmer NexGen CR-Flex Porous Femoral component required revision knee surgery within two years and 36% showed signs of the replacement knee loosening.

At a conference of the American Academy of Orthopaedic Surgeons in March 2010, several prominent knee surgeons presented data on the outcomes of 108 knee replacement patients who received the Zimmer NexGen CR-Flex Porous Femoral component at Rush University Medical Center in Chicago.

After only two years, the researchers reported:

* 9 patients required knee revision surgery due to loosening and pain
* 39 patients showed evidence of radiographic loosening

It is suspected that the higher-than-expected failure rate is linked to design problems with Zimmer NexGen replacement knees, as the orthopedic surgeons concluded that they were not caused by surgical errors, problems with the techinque or the type of patient who received the knee implant.

More than 150,000 Zimmer NexGen CR and Zimmer NexGen CR-Flex Porous Femoral implants have been sold since 2003, and some doctors have reported experiencing a substantially higher-than-expected failure of the replacement knee within a few years of surgery.

The Zimmer replacement knee is a “high-flex” component, which attaches to the bottom of the thigh bone. In most knee replacement systems, a type of surgical cement is used to hold the implant in place. But, the Zimmer NextGen knee does not use a cement and this may be a design defect which increases the risk of a knee replacement loosening and needing additional surgery to revise the implant.

As a result of recalled Zimmer knee replacements and potential problems with the design for certain NexGen components, thousands of individuals may have been exposed to an increase risk of early failure. A number of individuals throughout the United States are pursuing compensation through a Zimmer NexGen knee replacement lawsuit as a result of the manufacturer’s failure to adequately research the artificial knee system or warn about the risk of Zimmer knee problems.

Continue reading " Zimmer NexGen CR-Flex Porous Knee Litigation" »

Allergan $212M Verdict in Botox Brain-Injury Lawsuit

April 29, 2011

Botox-maker Allergan Inc. was ordered by a federal court jury to pay $212 million to a Virginia man who alleged that use of the drug left him severely disabled.
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The verdict awarded Douglas Ray, 67, $12M in compensatory damages and $200M in punitive damages. Ray was injected with the drug in 2007 to treat hand tremors. Ray suffered brain damage and now requires round-the-clock care. The suit, filed a VA federal court alleged that Allergan failed to adequately warn about the potential risks of Botox for off-label use.

Even if the decision by the jury is upheld, Allergan might have to pay only a small fraction of the penalty.Allergan said that Virginia state law caps punitive damages at $350,000. In September, Allergan agreed to pay the federal government $600 million to settle civil and criminal allegations that it illegally marketed and sold the drug through 2005 for unapproved uses, such as treating headaches.

Information and commentary provided by Dallas Fort Worth Personal Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas toll free at 888-210-9693 or in Fort Worth at 817-900-8439. If you or a loved one has been injured from DANGEROUS DRUG SIDE EFFECT, please fill out our contact card for a free consultation.

Accutane Inflammatory Bowel Disease Side Effects

April 27, 2011

As a Texas Accutane Inflammatory Bowel Disease side effect attorney I am providing this Accutane lawsuit update regarding Accutane and the generic versions of the drug.

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The Judge overseeing the New Jersey State MDL for Accutane has proposed that brand name Accutane litigation against Hoffman-LaRoche be combined with lawsuits against the manufacturers of the generic version of the drug, isotretinoin.

If granted, the additional defendants in the consolidated Accutane lawsuits would include the following manufacturers. Ranbaxy Laboratories manufactured an Accutane version called Sotret which has been withdrawn. Barr Pharmaceutical manufactured Claravis, which contains the same active agent as Accutane (isotretinoin). Claravis continues to be manufactured with similar Accutane side effects and warnings. Mylan, Inc.is a generic pharmaceutical company and distributes Amnesteem, a form of isotretinoin, which presently remains in stores.

Genpharm, ULC was the first manufacturer authorized by the FDA to produce generic versions of Accutane and manufactured Amnesteem. The manufacturing and packaging activities were delegated to Cardinal Health 409 and sold to Mylan Laboratories, who distributed it around the world. Along with Cardinal Health 409 and Mylan Inc., Genpharm could be among the generic drugmaker defendants in the consolidated Accutane lawsuits.

Judge Higbee who is overseeing the centralized New Jersey Accutane lawsuits, implemented an April 15 deadline by which parties could comment or object to the addition of the generic drug makers to the centralized Accutane litigation. No final decision has yet been announced.

Accutane is a acne medication manufactured by Hoffman LaRoche and the subject of an Accutane recall in 2009. According to scientists, Accutane has serious long term side effects including Crohn's Disease, Ulcerative Colitis and Inflammatory Bowel Disease (IBD).

If you took Accutane to treat acne and suffer from IBD, our Accutane attorneys may be able to recover you and your family compensation by filing an Accutane Crohns lawsuit or Accutane Ulcerative Colitis lawsuit against the manufacturer of the acne medication.

Continue reading " Accutane Inflammatory Bowel Disease Side Effects " »

Plavix Side Effect Lawsuits

April 26, 2011

As a Texas Plavix Side Effect attorney, I am providing this update regarding the current status of Plavix injury lawsuits and a request for consolidation in New Jersey State Courts.

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Bristol Myers Squibb Co. and Sanofi-Aventis pharmaceutical companies are calling for centralization of all Plavix lawsuits filed in New Jersey state court, pointing to a growing number of complaints filed by users who allege that the drug makers fraudulently promoted their popular blood thinner and failed to adequately warn about the risk of potentially life-threatening side effects of Plavix.

Plavix (clopidogrel) is a antiplatelet agent that prevents blood platelets from sticking together to form clots. It is prescribed to prevent heart attacks, strokes and blood clotting (thrombosis) when drug coated stents are used in patients with coronary arteriosclerosis.

More than 40 people have filed a Plavix lawsuit in courts throughout the United States, including at least five in Atlantic County, New Jersey. Many cases are likely to be filed in New Jersey state court, where Sanofi-Aventis is headquartered and Bristol Myers Squibb has five facilities.

All of the complaints filed so far allege that the makers of Plavix promoted the expensive medication as a safer alternative to aspirin, although it may actually provide no benefit over taking aspirin. Plaintiffs allege that they suffered injuries as a result of their unnecessary use of Plavix, such as gastrointestinal bleeding, heart attacks, strokes and a blood disorder known as TTP, or thrombotic thrombocytopenic purpora.

Plaintiffs say that the two companies repeatedly overstated the safety and effectiveness of Plavix, and point out that the companies were repeatedly cited by the FDA for illegal, off-label promotions and for ads and campaigns that touted its benefits over aspirin.

The two companies say that the lawsuits and their claims are numerous and similar enough to warrant mass tort designation in New Jersey, and have asked that the caseload be transferred to Bergen County, due to its current low mass tort caseload.

A mass tort designation would centralize all cases filed in New Jersey state court before one judge for pretrial proceedings in order to avoid duplicate discovery and conflicting rulings. The claims would remain individual lawsuits for purposes of determining damages and each claim would be judged independently at trial.

The commonly used combination of Plavix and aspirin may expose patients to a higher risk of bleeding than previously believed, according to the findings of a new study. Researchers from the U.S. Centers for Disease Control and Prevention (CDC) have released the results of a study on the side effects of Plavix and aspirin when combined to help fight blood clots (DAT Dual Antiplatlet Therapy).

The study was published in the Archives of Internal Medicine, and determines that there is a clinically significant risk of hemorrhaging when the drugs are used together that doctors and patients need to recognize and anticipate.

CDC researchers compared the rate of incidents from acute hemorrhaging from DAT to those related to another antiplatelet drug called Warfarin. They found an estimated 7,654 emergency department visits every year for hemorrhage-related adverse events from DAT, compared to 60,575 emergency department visits from Warfarin bleeding incidents. Once the researchers adjusted for the rate of prescriptions they found that the rate of emergency department visits due to acute hemorrhages from Plavix and aspirin combined was 1.2 per 1,000 outpatient prescription visits, compared to 2.5 per 1,000 for Warfarin.

Continue reading "Plavix Side Effect Lawsuits" »

DePuy ASR Hip Recall Guide and Metallosis Risk

April 25, 2011

As a DePuy ASR Replacement and Recall attorney I am providing this guide and update.
Over 90,000 US citizens are recipients of the recalled DePuy ASR DePuy hip implant. We think only a fraction of individuals with an ASR DePuy hip implant have been identified, because they do not want to go through the tough surgical ordeal again. Our goal is that we want to get all recipients of the recalled ASR DePuy hip implant identified, so that they get meaningful legal and medical help.

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The ASR DePuy implants were widely used throughout the United States from 2005, until 2010. We are recommending every recipient, or family member of a recalled ASR DePuy hip implant to call us, if they are suffering pain, problems walking, swelling of the hip, or lack of flexibility. It has already been well documented that there is an extremely high failure rate for the ASR DePuy hip implants.

Women are reporting more problems, and a higher failure rate, with the DePuy ASR XL Acetabular hip replacement system. Women are also more likely to develop some of the serious side effects of the defectively designed implant, including metallosis.

Metallosis is a build-up of cobalt and chromium ions in the soft tissue of the body, particularly around the joints. Metallosis has been noted in people with all kinds of metal-on-metal joint implants and replacement systems. The engineering of the implant is causing far more friction, which leads to metallic debris being released into the tissue surrounding the implant.

The design of the ASR XL Acetabular system was developed to provide a greater range of motion. The DePuy engineers removed the plastic liner from the inside of the hip implant and made the acetabular cup shallow so that patients could move their legs in a wider arc.

The femoral head moves constantly back and forth as the hip implant's owner moves normally, and that puts stress on the acetabular cup. In an implant with a deeper acetabular cup than the DePuy ASR hip implant, there is more material to accommodate the strain of motion. The force is distributed over a bigger surface, which means that the implant overall can hold up to that strain better.

The already-shallow hip implant is made smaller overall to accommodate a woman's smaller frame. Women have naturally wider hips and larger hip sockets than men do, which means that the shallow acetabular cup becomes in effect even shallower.

And the smaller the surface area of the implant, the more likely the material will break down rapidly releasing metal ions into the body. Those metal ions accumulate in the soft tissues surrounding the hip joint, causing metallosis.

Women also more likely to see the problems that develop as a result of metallosis, including metal hypersensitivity, heavy metal poisoning (which includes chromium poisoning and cobalt poisoning) and tissue and bone deterioration.

Continue reading "DePuy ASR Hip Recall Guide and Metallosis Risk" »

Are Defective DePuy Pinnacle Hips To Be Consolidated?

April 24, 2011

We are DePuy ASR and DePuy Pinnacle recall attorneys and are providing this news update to the victims of Defective DePuy ASR Hips and DePuy Pinnacle Hips.
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According to allegations raised in a new DePuy Pinnacle hip lawsuit filed earlier this month, the manufacturer of the implant has known for some time that it was a defective and dangerous device, and should have removed it from the market years ago.

The complaint was filed in The U.S. District Court for the District of New Jersey against DePuy Orthopaedics, Inc., Johnson & Johnson and the designer of the metal-on-metal hip replacement.

The DePuy Pinnacle hip system was introduced in 2001, with some variations containing a metal liner instead of a polyethylene liner, which can result in microscopic metal particles being shed into the body as the metal parts of the hip replacement rub against each other. This can lead to inflammation, swelling, loosening of the parts and ultimately may cause the hip replacement to fail, resulting in the need for hip revision surgery.

The companies did issue a recall for the DePuy ASR hip replacement system in August 2010, due to problems that are similar to what has been reported in connection with the Pinnacle hip. The DePuy ASR was approved by the FDA in 2005 as a “substantially equivalent” design to the DePuy Pinnacle. Post-marketing data provided at the time of that recall indicated that the DePuy ASR failure rate was about 12-13%, but some estimates suggest that nearly 50% of the recalled ASR hip replacements may lead to failure problems within six years.

In October 2010, the American Academy of Orthopaedic Surgeons (AAOS) issued a warning about potential problems with metal on-metal hip replacements, indicating that patients and the medical community should be aware that pain months after hip replacement surgery may be a sign of metal-on-metal hip cobalt toxicity. The FDA launched a new website in February to provide information about the risks associated with metal-on-metal hip replacements.

The metal ions, usually cobalt or chromium, can damage bone and tissue around the implant and joint, causing the implant to become loose or causing the patient to feel pain. The particles can have effects on the heart, nervous system and thyroid when in the bloodstream at high levels.

In the U.K., health officials recommend patients with metal-on-metal hip implants that are causing them pain be tested for metal ions in the blood, but the FDA has yet to make similar recommendations. Metal-on-metal hip implant recipients should see their orthopedic surgeon if they experience symptoms including heart pain, chest pain, shortness of breath, numbness, weakness, changes in vision or hearing, fatigue, unexplained cold, weight gain or changes in urination habits, the FDA advises.

A California lawsuit has been filed with the U.S. Judicial Panel on Multidistrict Litigation to consolidate and centralize the federal DePuy Pinnacle hip litigation in one court for coordinated pretrial proceedings, either as part of the pending DePuy ASR recall litigation or as a new multidistrict litigation (MDL). The DePuy ASR hip recall litigation is already consolidated as part of an MDL, in the U.S. District Court for the Northern District of Ohio.

The lawsuit argues that they are all related on common issues of fact, and such consolidation helps reduce duplicative discovery in different cases, eliminates inconsistent rulings from different judges and serves the convenience of the parties, lawyers and the courts. The plaintiff has requested that the Panel either designate a new court for handling of the litigation over DePuy Pinnacle hips or consolidate the DePuy ASR lawsuits and DePuy Pinnacle lawsuits in the same coordinated action.

The MDL Panel is expected to hear oral arguments on the motion at the next scheduled hearing, which will be held on May 16, 2011, at the Gene Synder United States Courthouse in Louisville, Kentucky.

While approximately 93,000 DePuy ASR hip systems were sold before it was removed from the market, more than 150,000 DePuy Pinnacle hips were manufactured according to the ;awsuit. In addition, since the August 2010 ASR recall, more than 1,300 people have filed an adverse event report with the FDA involving problems with a DePuy Pinnacle hip.

Continue reading "Are Defective DePuy Pinnacle Hips To Be Consolidated?" »

Crestor Liver Failure And Heart Failure Side Effects

April 23, 2011

As a Crestor Liver Failure, Heart Failure Side Effect Attorney, I am writing this article to warn folks of the dangers associated with Crestor.

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AstraZeneca, the global pharmaceutical giant and manufacturer – marketer of the popular cholesterol drug Crestor (Rosuvastatin), is being faced with the possibility of very serious and life threatening sides effects associated its cholesterol drug. Crestor (Rosuvastatin) is currently a very popular cholesterol lowering “statin” drug. Through independent medical research studies, Crestor, is shown to have significantly higher potential risks for certain serious side effects. According to documentation, the US Food and Drug Administration (FDA) appears to have not been aware of these risks when it approved Crestor for sale in the US in 2003.

Statins were initially approved by the Food and Drug Administration (FDA) for reducing high cholesterol levels in order to prevent repeated heart attacks and strokes in at-risk patients. When used for that purpose, the drugs drive down the risk of another heart attack or stroke by lowering levels of LDL (or “bad”) cholesterol.

Heart Attack and Stroke - Having the most potent statin on the market is problematic because, though statins reduce the risk of heart attack or stroke by lowering the levels of fatty deposits circulating in the bloodstream, research suggests that statins dampen the inflammatory processes. This can lead deposits of plaque to break away from blood vessel walls and cause sudden blockages of arteries leading to the heart or brain, and therefore heart attacks and strokes.

One of the major side effects of Crestor (Rosuvastatin) is a life threatening disorder known as Rhabdomyolysis. Rhabdomyolysis – This is a degenerative muscle disease that has been found in patients taking Crestor. It is a considerable depletion of muscle tissue throughout the body. As the muscles atrophy, the patient experiences weight loss, loss in body mass and serious weakness. This Crestor side effect also affects the most important muscle in the body, the heart. In a research study conducted by the independent watchdog group, Public Citizen, prescription data for Crestor was compared to that of other statin drugs. This research study showed that Crestor caused rhabdomyolysis almost 22 times more than its lowest dose competitor and 3 times more than its highest dose competitor. These are significant results.

The reason for the study’s outcome is that the higher the dose of the active ingredient, Rosuvastatin, the higher the risk of rhabdomyolysis. AstraZeneca, promotes Crestor as being the most powerful statin on the market. This may be true, but at what cost to a patient’s health? Recent studies have shown that only 10 mg of Crestor (Rosuvastatin) has a significantly positive effect, but these positive benefits plateau and the negative side effects of rhabdomyolysis, heart failure, heart attack, stroke, liver failure, kidney failure, and potentially diabetes increase significantly at the higher prescribed and advertised dosages.

Continue reading "Crestor Liver Failure And Heart Failure Side Effects " »

YAZ, Yazmin, Ocella Side Effects And Injury

April 23, 2011

As a YAZ, Yasmin, and Ocella Side Effect and Injury attorney, I want to bring to the attention of my blog readers, the latest medical information regarding these 4th generation oral contraceptive pills. According to a pair of studies published this weekend in the British Medical Journal (BMJ), the most popular birth control pills used by teenagers, Yasmin and YAZ doubles the risk of blood clots compared to a older generation birth control pill. Two new studies add to the growing evidence that birth control pills containing a newer type of progestin may put some women at higher risk for blood clots.

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The medical report and analyses is a major warning for the heavily-marketed Yasmin and YAZ, which are popular with young adults and women with a history of menstrual disorders.

In the first study, researchers from the Boston University School of Medicine examined women ages 15 to 44 who started taking Yasmin and YAZ, which contain a contraceptive called drospirenone, instead of the much older drug levonorgestrel, which is sold under a variety of brand names. Accodrding to researchers those women who used Yasmin and YAZ were twice as likely to hospitalized with their first deep vein thrombosis or pulmonary embolisms, known as venous thromboembolism. Thromboembolism is the medical term for a blood clot in the veins, often in the legs, that gets dislodged and can cause fatal clogging in the lung arteries.

"These findings support more recent studies that suggest that drospirenone oral contraceptives are not as safe," wrote Susan Jick and Rohini Hernandez in the BMJ. Jick and Hernandez recommended that "in the absence of other consideration, [Yasmin and YAZ] should not be the first choice in oral contraception."

A second study published in the BMJ only examined UK patients and found an even higher risk; three times the chance of blood clots compared to the older drug.

German pharmaceutical giant Bayer, which manufactures Yasmin and YAZ, in a statement, said that the side effects were "an uncommon event" and noted that pregnancy would increase the deadly risks even more. Pregnancy actually puts women at higher risk for blood clots than birth control pills, a blood clot occurs in one pregnant woman for every 1,000 to 1,500 pregnant women, while one in 3,000 women who take birth control pills experience some form of blood clot, according to the National Blood Clot Alliance. This is a flawed argument, Bayer should compare non pill users wiith women taking YAZ, Yasmin.

In March 2010, Bayer put additional risk warnings on the European product label for the Yasmin pill but said at the time that the overall benefit-risk profile remained unchanged.Bayer said in its 2010 annual report that there were about 6,850 lawsuits pending in the United States with plaintiffs claiming they had suffered injuries from Bayer's Yasmin and Yaz pills or generic copies sold by Teva's Barr Laboratories.

So what does it all mean? The increased risk suggested by these studies is about two to three times those from older pills, and that any woman taking the newer medicines will get a blood clot is higher than other types of birth control. And the whole idea of medication is that the cure is less risky than the disease; here the data coupled with other research, unequivocally demonstrates that there are safer oral contraceptives than YAZ and Yasmin and that the company is putting profits over people safety. Remember physicians, the Hippocratic Oath, "first do no harm."

Read my earlier blog, questioning whether YAZ, Yasmin would be recalled.

Continue reading "YAZ, Yazmin, Ocella Side Effects And Injury " »

Can I Get Compensation For a DePuy Hip Replacement Lawsuit?

April 20, 2011

As a Depuy ASR XL and ASR resurfacing hip recall attorney, I am trying to provide answers for my clients and potentials victims of the DePuy debacle.
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If you are a victim of an ASR XL Acetabular System or an ASR Hip Resurfacing System, both of which were recalled by DePuy/Johnson & Johnson, you should expect financial compensation. In determining the amount of compensation you may be entitled to, you need to consider the following: the types of damages that available to people injured by defective products, and the recent results of a Sulzer hip implant lawsuit.

DePuy has promised, that it “…intends to cover reasonable and customary costs of treatment if you need services associated with the recall of ASR, including revision surgery if it is necessary.” DePuy names specific out-of-pocket expenses that it considers “reasonable,” including lost work time and travel expenses.

DePuy not provided any details on how, it intends to compensate you for the pain and suffering your DePuy hip replacement may have caused. To protect your legal rights, you should not call DePuy or sign any document the company provides without first speaking with a DePuy hip replacement attorney.

In a product liability case, a victim can recover economic damages (medical bills and lost wages) and non-economic damages (such as pain and suffering).

In 2000, Sulzer Orthopedics, Inc. recalled approximately 30,000 of its Inter-Op Acetabular Shell units. Because of a defective product, many recipients of this hip device required revision surgery, like with the DePuy hip recall. In 2002, Sulzer agreed to settle its class action and the company paid $1 billion to settle all the lawsuits. Those patients who required revision surgery were paid more than $200,000 each, and those who received faulty implants but did not undergo revision surgery received roughly $1,000 each. So time will tell regarding what DePuy will do and if history is going to be a guide.

We at this time do not know how the hundreds of DePuy ASR lawsuits will end up either through settlement or litigation. The fact is that taking legal action may be your only chance to recover financial compensation from DePuy. One thing is for certain, in mass tort cases, the companies usually settle, because it makes economic sense to do so and not because of any moral imperative or ethical considerations. It finally boils down to dollars and cents, like everything in life.

I have a client who is to undergo a double DePuy extraction next week, for cobaltism, metalosis and severe pain in both hips. She takes care of an elderly mother and her husband has chronic medical problems. She has been the main care giver to her family. Now with a double hip replacement, she will be the one who will require significant care and rehabilitation and she will need to make sure her family is taken cared of during her recovery, which could take as long as 6 months. The question she asks, will DePuy take care of her family diuring her rehabilitation? We have to wait and see.

Continue reading "Can I Get Compensation For a DePuy Hip Replacement Lawsuit?" »

Does Yaz, Yasmin and Ocella Cause GallBladder Disease?

April 20, 2011

As a Yaz, Yasmin, Ocella Gallbladder disease attorney, I am providing information on this latest Canadian study, which found an increase of gallbladder disease in women who took Drospirenone containing birth control pills.

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Women who take Yaz and Yasmin birth control pills, which contain drospirenone, are at greater risk of gallbladder damage than women on other oral contraceptives, according to a new Canadian study. The research study involved 2.7 million women who took birth control pills for at least six months between 1997 and 2009. A total of 27,087 women in the study group underwent surgery to have their gallbladders removed. The study found that while all birth control pills put women at some risk for losing their gallbladders, women who use pills with drospirenone were at greater risk.

Drospirenone is a synthetic progestin hormone which has diuretic properties. It is used in combination with another estrogen hormone, ethinyl estradiol, in Bayer’s Yaz and Yasmin. Bayer recently released Beyaz and Safyral, two more birth control pills identical to Yaz and Yasmin, with added folate.

Bayer is fighting allegations that its popular birth control pills can put women’s lives at risk, with more than 3,000 lawsuits filed against the company from women who say they were harmed by the pills.

The new study was funded by the Fonds de la recherché en sante du Quebec, a government-financed research agency, and is in the current issue of the Canadian Medical Association Journal.

Continue reading "Does Yaz, Yasmin and Ocella Cause GallBladder Disease?" »

Will Yaz, Yasmin, and Ocella Be Recalled?

April 18, 2011

As a Texas Yaz, Yasmin and Ocella Dangerous Drug Side Effect Attorney, I am providing this litigation update for current clients and potential new victims.

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Many women who have suffered by side effects of Yaz and Yasmin birth control are expected to call for Bayer to issue a Yaz and Yasmin recall at an upcoming shareholder’s meeting. They claim that the popular birth control pills may be responsible for the death of more than 190 women in the United States. Bayer will hold its annual shareholder meeting on April 29 in Cologne, Germany.

Lawsuits against Bayer HealthCare Pharmaceuticals continue to be filed on behalf of women who claim to have suffered serious injuries as a result of Yaz or Yasmin (generic: Ocella) birth control pills. Consumer groups and some members of the medical community are questioning Yaz side effects and the increased risk for blood clots and strokes. Yaz, Yasmin and Ocella are considered “fourth generation” combination birth control pills. They contain a newer type of synthetic progestin called drospirenone. This contraceptive is one of the most popular contraceptives and has been heavily marketed to women throughout the United States promoting its use in treating premenstrual syndrome (PMS) and premenstrual dysphoric disorder (PMDD).

In the latest study of teenage girls and birth-control habits suggests the oral contraceptive Yaz is more popular with teenage girls and young adults than ever before. In the study, Yaz was named “by far” the most popular oral contraceptive for US women aged 13-18. The study was based on the behaviors of more than 3 million American women between 2002 and 2009.

The FDA has at least 190 reports of Yaz and Yasmin deaths in the United States that were linked to the use of the highly successful birth control pills. That number is likely to be a fraction of the actual number of deaths from Yasmin and Yaz, as it is acknowledged that only about 1% to 10% of all adverse events associated with the use of medications are ever reported.

Bayer’s line of drosperinone-based oral contraceptives, Yaz and Yasmin, have been found to carry an 80% increased risk of thrombosis events than older birth control pills by some studies. Thousands of women throughout the United States have filed a Yaz lawsuit or Yasmin lawsuit against Bayer, alleging that the drug maker failed to adequately research the risks associated with the medication or warn women that they may be exposed to an increased risk of serious and potentially fatal side effects when using the birth control pills. Lawsuits also allege that Bayer engaged in deceptive and misleading advertisements that were directed to consumers and the medical community.

The Yaz and Yasmin lawyers at Dr Shezad Malik Law Firm represent women throughout the United States who are pursuing a lawsuit over an injury or death that may have been prevented if Bayer had recalled Yaz and Yasmin or provided adequate warnings. Potential Yaz and Yasmin recall lawsuits are being reviewed for women who have suffered an injury or death as a result of a:

* Stroke or Heart Attack
* Pulmonary Embolism
* Deep Vein Thrombosis (DVT)
* Gallbladder Disease

Continue reading "Will Yaz, Yasmin, and Ocella Be Recalled?" »

Texas Titanic About to Hit The Fosamax Iceberg?

April 17, 2011

Every day, we are hearing a lot of bad news about the osteoporosis drug Fosamax. Made by Merck & Co., Fosamax has been a successful bone disease treatment on the market for over a decade. In January 2009, medical studies were released that hit the drug and its manufacturer hard. The first study links Fosamax to osteonecrosis, of the jaw, and the second, links Fosamax to esophageal cancer. Are these reports the Titantic that is about to hit the Fosamax iceberg?

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Fosamax works by attacking cells in the body responsible for bone breakdown, which can help patients dealing with osteoporosis. At the same time, if the drug is too efficient, it can cause the bone to grow too dense, which takes up inner bone space where bone marrow is found. Bone marrow is responsible for bone healing and growth, so without enough marrow, the bone will die. If you do break a bone that has been subjected to Fosamax and similar drugs it won't heal.

Medical studies linking the drug to esophageal cancer report that many of those affected had used the drug for over two years. One thing is certain - we are only seeing the tip of the iceberg when it comes to Fosamax injuries. Currently there are over 1,000 Fosamax lawsuits in litigation, and as more studies are done to confirm the allegations against the drug, we may see even more patients coming forward.

Fosamax, when used over time, can cause dead jaw, and Fosamax femur fractures have been a major problem in some cases. When you have osteoporosis, your bones become extremely fragile, and fractures can happen even with just a bump or gentle fall. Most often, fractures happen in the hips, spine, and wrists. If you break your hip, you typically need major surgery to fix it, and even then, you may have problems walking for the rest of your life. With spinal fractures, the same is true, and patients generally have back pain and may have to deal with deformities.

Fosamax and the following drugs Actonel (risedronate sodium) tablets, Actonel with Calcium (risedronate sodium with calcium carbonate tablets), Atelvia (risedronate sodium) delayed-release tablets, Boniva (ibandronate sodium) tablets, Fosamax (alendronate sodium) tablets and oral solution, Fosamax Plus D (alendronate sodium/cholecalciferol) Tablets, Reclast (zoledronic acid) Injections are now required to have clear warning labels regarding low-energy, or low trauma fractures of the femoral shaft (leg bone).

As a Fosamax osteoporosis attorney, I suggest discussing this drug with any elderly female friends and relatives as they may be unaware of the current crisis and the FDA's warnings.

Continue reading "Texas Titanic About to Hit The Fosamax Iceberg?" »

Fosamax Femur Fracture Lawsuits

April 16, 2011

As a Fosamax Femur Fracture attorney, I am providing this update regarding Fosamax Femur Fractures.

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There are now many Fosamax femur fracture lawsuits filed by folks who have suffered a femur fracture or other bone fracture after taking the osteoporosis drug.The FDA added warnings about the risk of bone fractures from Fosamax and other bisphosphonate medications in October 2010, requiring drug makers to warn consumers that they should seek immediate medical attention if they experience new groin pain or thigh pain while taking the drug, which can occur weeks or months before a complete fracture of the femur on Fosamax occurs.

The Fosamax bone fracture lawsuits allege that Merck failed to adequately research their medication or provide adequate warnings before they suffered a femur fracture or bone break. Merck has asked the U.S. Judicial Panel to centralize and consolidate the Fosamax bone fracture litigation in the U.S. District Court for the District of New Jersey, where most of the cases are currently pending and where the drug maker has its headquarters.

The Journal of the American Medical Association (JAMA) included publication of a major case control study relating to bisphosphonates (particularly Fosamax) and subtrochanteric femur fractures. The researchers who authored the study concluded that patients on long-term bisphosphonates for osteoporosis therapy had a 274% higher chance of subtrochanteric femur fractures than similar matched patients. (OR 2.74.) The authors concluded “these findings provide strong evidence that prolonged bisphosphonate therapy is associated with an increased risk of subtrochanteric or femoral shaft fracture.”

Bone fracture lawsuits were excluded from the prior Fosamax MDL, which was established in August 2006 for claims filed by individuals who suffered decay of the jaw bone from Fosamax.

A popular osteoporosis drug, Fosamax® and its generic form Alendronate®, is implicated to cause spontaneous fractures.Fosamax® is a drug used to strengthen bones, for many women it has worked successfully but according to medical reports, women who have taken the drug for five years are at risk of suffering spontaneous fractures.

Fosamax and the following drugs Actonel (risedronate sodium) tablets, Actonel with Calcium (risedronate sodium with calcium carbonate tablets), Atelvia (risedronate sodium) delayed-release tablets, Boniva (ibandronate sodium) tablets, Fosamax (alendronate sodium) tablets and oral solution, Fosamax Plus D (alendronate sodium/cholecalciferol) Tablets, Reclast (zoledronic acid) Injections are now required to have clear warning labels regarding low-energy, or low trauma fractures of the femoral shaft (leg bone).

As a Fosamax medication attorney, I suggest discussing this drug with any elderly female friends and relatives as they may be unaware of the current crisis and the FDA's warnings.

Doctors are seeing many femurs fractured in patients who have been on the drug. If you have taken Fosamax® or its generic form Alendronate® and believe to have been injured as a result, please fill out the form below to contact a Case Manager.

Continue reading "Fosamax Femur Fracture Lawsuits" »

Propecia Product Liability Lawsuit Filed

April 15, 2011

As a Dallas Propecia Side Effect Litigation Attorney, I want to pose the following question-how many men do you think, would trade a head of hair for the significant possibility of permanent impotence and male breasts (gynecomastia). Did not think so.

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Finasteride is a highly potent inhibitor of Type II 5-Alpha Reductase, an enzyme that converts testosterone, into dihydrotestosterone (DHT).

Propecia (1mg) was approved by the FDA in 1997 and is marketed as a treatment for male pattern hair loss (MPHL), as DHT has been implicated in the balding process. Proscar (5mg) was approved in 1992 by the FDA for treatment of Benign Prostate Hyperplasia (BPH - enlargement of the prostate).

Both Propecia and Proscar share the same active ingredient (Finasteride) which can aid in stopping hair loss.

Clinical studies of Finasteride for male pattern hair loss, including the Propecia clinical trials for the FDA, indicate that a certain percentage of men may experience negative sexual side effects from Finasteride, including decreased libido or sex drive, erectile dysfunction, and decreased ejaculate volume while on the medication.

In addition, prescribing information warns against possible physical changes to the body, including breast tenderness or enlargement (gynecomastia); hypersensitivity (allergic) reactions including rash, pruritis (itching) and urticaria (hives); swelling of the lips and face; testicular pain; ejaculation disorder; impotence; and male breast cancer. The official warning label for the drug in the U.S. says that sexual side effects — such as erectile dysfunction — occurred in less than 2 percent of men and that these side effects went away in men who stopped taking it. In a lawsuit filed in New Jersey federal court in February by two men who took Propecia claims that in the U.K., Sweden and Italy the Propecia warning label says that sexual dysfunction may be permanent.

Some men have also reported various other psychiatric, neurological and neurocognitive side effects from Propecia, including depression, sexual anhedonia, sexual anesthesia, anxiety, bipolar mood disorder, suicidal ideation, cognitive dysfunction (memory loss or difficulty with intellectual processing), slurring of speech, social withdrawal, lethargy/fatigue and listlessness, and other amotivational states.

Many men who took Propecia or Proscar for MPHL have experienced mental, physical, and sexual side effects while on the medication, then discontinued Propecia, and then fully expected to return to normal in accordance with representations made in the official prescribing information. Men worried about losing their hair may be losing far more than that if they take the popular drug Propecia.

Two new studies were published in The Journal of Sexual Medicine in March 2011. Young men are being prescribed these drugs, as hair loss treatments that may negatively impact their sexual life, possibly for a prolonged time after stopping the medication, according to Dr. Irwin Goldstein, the journal's editor-in-chief.

A new research says 5 to 23 percent of the millions of men who take the drug may become impotent and have lowered sex drives because of the active ingredient finasteride. And the problem may linger years after they stop taking the drug.

Continue reading "Propecia Product Liability Lawsuit Filed" »

NuvaRing Birth Control Lawsuits Moving Ahead

April 12, 2011

Defective Drugs and Product liability attorneys have submitted a proposal for the selection of bellweather trials in the federal NuvaRing multidistrict litigation (MDL).

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NuvaRing is a form of birth control that releases a combination of etonogestrel and ethinyl estradiol through a ring that is inserted into the vagina once a month.

All NuvaRing lawsuits filed in federal district courts throughout the United States have been consolidated in the U.S. District Court for the Eastern District of Missouri. These complaints all involve women who suffered the following injuries; stroke, heart attack, pulmonary embolism, deep vein thrombosis (DVT) or sudden death. The claims allege that the drug makers failed to research the birth control ring or warn about the potential increased risk of these serious problems.

The bellweather process is common in complex litigation involving a number of claims that raise similar allegations. By selecting a small group of cases for an early trial, the parties are able to get an idea how a jury is likely to respond to evidence and testimony. The outcome of these trials shapes the litigation and may lead to an agreement to settle NuvaRing birth control lawsuits by the drug maker.

To reduce the number of cases that must go through expert discovery, the parties have proposed that nine cases constitute the final trial pool. Expert discovery would then be limited to the nine cases in the final trial pool, which will occur over 2012.

As of the end of 2010, more than 730 victims had filed a NuvaRing lawsuit and the number of cases is expected to increase over the next year. The vast majority of the pending NuvaRing cases filed throughout the country are included in the MDL, but additional lawsuits are pending in New Jersey state court and other state courts throughout the United States.

Continue reading "NuvaRing Birth Control Lawsuits Moving Ahead" »

Propecia Use Can Lead to Permanent Sexual Dysfunction

April 10, 2011

A lawsuit has been filed against Merck, in the U.S. District Court for the District of New Jersey. The complaint alleges that the drug manufacturer warned European users that the drug Propecia may cause sexual problems in men, but did not provide American users the same warning.

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According to the complaint, plaintiffs were prescribed Propecia to combat male pattern hair loss, and they suffered serious sexual dysfunction.

The lawsuit alleges that the warnings about the risk of sexual problems from Propecia differed significantly in Europe from the label warnings to users of Propecia in the U.S.

In Europe, Propecia labels stating that erectile dysfunction problems may persist after the patient discontinues use treatment with Propecia were added in 2008.

Propecia (finasteride) was approved in 1992 for the treatment of benign prostatic hyperplasia, and also is approved to treat male pattern baldness.

Last month researchers from the U.S. published a study in the Journal of Sexual Medicine that found side effects of Propecia were linked to sexual problems in men. Researchers indicated that the class of drugs known as 5-alpha-reductase inhibitors can cause loss of libido, depression erectile dysfunction, reduced semen production and growth of male breast tissue.

The lawsuit over Propecia charges Merck with negligence, failure to warn, strict product liability, and breach of warranty.

Continue reading "Propecia Use Can Lead to Permanent Sexual Dysfunction" »

Mesothelioma And Asbestos Update

March 30, 2011

Lung Cancer, Mesothelioma and Asbestos Exposure

This article is one in a series of articles that I am writing as a Dallas Mesothelioma Attorney to educate folks about the man made toxins in the environment. Mesothelioma is called a “signature” disease—which indicates that the person was exposed to the causative agent. If someone has mesothelioma, they were almost certainly exposed to asbestos.

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Mesothelioma rates continue to climb and by some estimates is set to peak around 2012-2015. Asbestos has been placed in many buildings as a fire retardant and insulator and now because of the long latency period, many contractors, pipe fitters and plumbers are coming down with the disease, some including folks who had exposure as long as 30-40 years ago. What a national tragedy.

Lung cancer, is a multi-factorial disease—Environmental factors are important in lung cancer causation. Lung cancer is cancer that starts in the lungs.

There are two main types of lung cancer:
Non-small cell lung cancer (NSCLC) is the most common type of lung cancer.
Small cell lung cancer makes up about 20% of all lung cancer cases. If the lung cancer is made up of both types, it is called mixed small cell/large cell cancer.

If the cancer started somewhere else in the body and spread to the lungs, it is called metastatic cancer to the lung.

The most important environmental factor is smoking. Asbestos exposure is important risk for development of lung cancer. Exposure to asbestos increases your risk of developing cancer—by an average of five times the risk of a non-smoker who was not exposed to asbestos.

Smoking makes a person ten times more likely to develop lung cancer. But for someone who smokes and was also exposed to asbestos, the risk of developing lung cancer is 50 times higher.

The National Cancer Institute (NCI) has included construction workers (including plumbers, electricians, painters and other construction-related trades), demolition workers, shipyard workers, firefighters and automobile mechanics among those at risk for dangerous asbestos exposures.

See NCI Asbestos Fact Sheet.

Continue reading "Mesothelioma And Asbestos Update" »

Fosamax Femur Fracture MDL Lawsuits

March 30, 2011

As a Fosamax Femur Fracture attorney, I am providing this update regarding Merck's application for an MDL.

Merck has filed a petition for MDL (multidistrict litigation) to consolidate and centralize all federal Fosamax bone fracture lawsuits for handling during pretrial litigation.

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More than 900 Fosamax lawsuits against Merck have already been consolidated as part of an MDL in the U.S. District Court for the Southern District of New York; those involved claims that Fosamax caused jaw injury, known as osteonecrosis. There are now Fosamax suits filed by folks who have suffered a femur fracture or other bone fracture after taking the osteoporosis drug.

On March 23, Merck asked the U.S. Judicial Panel on Multidistrict Litigation (JPML) to create a new MDL for this type of injuries caused by Fosamax, where plaintiffs claim that long-term use of Fosamax increases the risk of low-trauma or no-trauma fractures, involving the femur or thigh bone.

The FDA added warnings about the risk of bone fractures from Fosamax and other bisphosphonate medications in October 2010, requiring drug makers to warn consumers that they should seek immediate medical attention if they experience new groin pain or thigh pain while taking the drug, which can occur weeks or months before a complete fracture of the femur on Fosamax occurs.

More than 100 people have filed a Fosamax bone fracture lawsuit, alleging that Merck failed to adequately research their medication or provide adequate warnings before they suffered a femur fracture or bone break. The claims are contained in 36 complaints that have been filed in at least 8 different federal district courts throughout the United States.

Merck has asked the U.S. Judicial Panel to centralize and consolidate the Fosamax bone fracture litigation in the U.S. District Court for the District of New Jersey, where most of the cases are currently pending and where the drug maker has its headquarters. In the alternative, Merck requested that the Panel transfer the cases to the U.S. District for the Western District of Louisiana.

Bone fracture lawsuits were excluded from the prior Fosamax MDL, which was established in August 2006 for claims filed by individuals who suffered decay of the jaw bone from Fosamax.

A popular osteoporosis drug, Fosamax® and its generic form Alendronate®, is implicated to cause spontaneous fractures.

Fosamax® is a drug used to strengthen bones, for many women it has worked successfully but according to medical reports, women who have taken the drug for five years are at risk of suffering spontaneous fractures.

Doctors are seeing many femurs fractured in patients who have been on the drug. If you have taken Fosamax® or its generic form Alendronate® and believe to have been injured as a result, please fill out the form below to contact a Case Manager.

Continue reading "Fosamax Femur Fracture MDL Lawsuits" »

Darvocet, Darvon, and Propoxyphene Wrongful Death Consolidation

March 27, 2011

As a Texas Darvocet and Darvon Recall Attorney, I am providing this update regarding the request for consolidation of the litigation in federal court.

This week, a panel of federal judges will hear arguments to consolidate a growing number of Darvocet and Darvon lawsuits that have been filed over cardiac sudden death problems allegedly caused by these medications.

Plaintiffs first requested the consolidation in December, now some Darvocet lawyers expect that thousands are cases are likely to be filed by victims diagnosed with a heart arrythmia or sudden heart-related death from side effects of the medication.

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In December, plaintiff Kristine Esposito, filed a Motion with the U.S. Judicial Panel on Multidistrict Litigation seeking to have the Darvon and Darvocet litigation centralized in the U.S. District Court for the Eastern District of New York. Other plaintiffs have filed documents known as briefs, requesting that the cases be consolidated in either the Eastern District of Louisiana or Western District of Louisiana.

The plaintiffs want to have the cases consolidated in one court, since all of the Darvon and Darvocet suits contain similar allegations that the manufacturer failed to adequately research the side effects of Darvocet and Darvon and failed to warn doctors and patients that propoxyphene-based drugs caused heart rhythm problems.

These type of consolidation is similar to class actions, and are known as an MDL, or multidistrict litigation.This type of centralization is usual in complex product liability claims involving a large number of lawsuits over injuries associated with a particular product. The process is designed to avoid duplicative discovery, prevent inconsistent rulings by different judges and to promote the efficient litigation, both in time and cost.

Xanodyne Pharmaceuticals, the manufacturer of the name-brand versions of Darvon and Darvocet, has opposed consolidation of the litigation.

If the MDL Panel grants consolidation and determines that is appropriate in the litigation over Darvocet and Darvon, Xanodyne will argue that the cases should be centralized in the Eastern District of Kentucky. Xanodyne, the drug maker is headquartered in Kentucky.

Continue reading "Darvocet, Darvon, and Propoxyphene Wrongful Death Consolidation" »

Topamax Seizure Drug Causes Birth Defects

March 26, 2011

As a Texas Topamax Dangerous Drug attorney, I am providing this latest FDA warning regarding Topamax.

This latest announcement by the FDA (see below) is particularly worrisome, as it demonstrates the teratogenic side effects of Topamax and the generic versions of this commonly utilized drug.

The U.S. Food and Drug Administration (FDA) issued a warning about Topamax (topiramate), an anticonvulsant medication which is used in the prevention of migraine headaches and epileptic seizures. New medical study shows that Topamax and its generic versions increases the rate of cleft lip and cleft palate deformities if taken by women who are pregnant.

Cleft lip and cleft palate deformities are holes in the roof of the mouth that result from improper fusing of the lip and the palate during fetal development during pregnancy. The mouth birth defects can cause problems with eating and talking if not treated with surgery.

Product labeling for Topamax cautions about the risk of birth defects associated with the medication, but the warning label will now be revised to include stronger language that there is "positive evidence of human fetal risk based on human data."

Cleft lip and palate is very treatable; however, the kind of treatment depends on the type and severity of the cleft.

Most children with a form of clefting are monitored by a cleft palate team or craniofacial team through young adulthood. Treatment procedures can vary between craniofacial teams. For example, some teams wait on jaw correction until the child is aged 10 to 12 (argument: growth is less influential as deciduous teeth are replaced by permanent teeth, thus saving the child from repeated corrective surgeries), while other teams correct the jaw earlier (argument: less speech therapy is needed than at a later age when speech therapy becomes harder).

Still prevention is better than the cure, so best avoid the use of Topamax during pregnancy or if cannot, then use contraceptive devices.

Continue reading "Topamax Seizure Drug Causes Birth Defects " »

Topamax & Topiramate Usage Can Cause Birth Defects

March 23, 2011

Dallas Topamax Cleft Palate Cleft Lip Attorney warns about the side effects of Topamax during pregnancy.

As I have previously reported, the FDA has required the makers of Topamax and generic topiramate to update their warning label regarding use of the Topamax drug during pregnancy. The usage of Topamax during pregnancy, can cause children to be born with a cleft lip or cleft palate. And shockingly enough, it appears that this particular birth defect information has been available for years and that Topamax birth defect side effects may cause malformations. Folks, the manufacturers have failed to adequately research their medication or warn consumers and doctors.

The medical journal Neurology, in July 2008, reported that pregnant women who received Topamax for epilepsy treatment, faced an increased incidence of babies with birth defects or congenital malformations. Topamax use during pregnancy was linked to babies born with cleft lip or cleft palate at a rate 11 times higher than would be expected in the general population and babies born with genital defects at a rate 14 times higher than would be expected.

Apparently this research and other post-marketing data was available to the Topamax manufacturers, and they failed to warn women about the risks of pregnancy and Topamax. If proper warnings was provided, these women could have chosen to take a different drug or taken contraception to ensure they did not become pregnant while on Topamax.

According to reports made to the North American Antiepileptic Drug Pregnancy Registry, the prevalence of oral clefts in children born to mothers who used Topamax while pregnant was 20 times higher than among women who did not take any antiepiletic drug. When compared to other epilepsy drugs, the prevalence of birth defects was still 2-3 times greater with Topamax pregnancy use.

Because of the drug makers’ decision not to disclose this important information, there are many children who have experienced birth defect problems. Compensation may be available through a Topamax cleft palate or Topamax lip lawsuit for children who were exposed to the drug before they were born.

Continue reading "Topamax & Topiramate Usage Can Cause Birth Defects" »

Yaz Yasmin Ocella MDL Lawsuits March Update

March 16, 2011

As Dallas Yaz/Yasmin/Ocella lawsuit attorney, I am providing this litigation update for folks who have either filed or contemplating filing a lawsuit against Bayer for the personal injuries they have suffered as a result of taking these medications.

This week, plaintiff attorneys who have filed a Yaz, Yasmin or Ocella lawsuit against Bayer, filed a motion in Southern Illinois federal court to extend deadlines for the discovery process.

The parties have asked that the specific discovery deadline for bellwether cases to be pushed back to April 14, 2011 and for the first trial to be pushed back from September, 2011, to January, 2012.

About 6,500 cases are currently in the federal MDL Yasmin and Yaz litigation. All of the lawsuits involve allegations that Bayer failed to adequately research their birth control pills or warn that Yaz and Yasmin may increase the risk of blood clots when compared to other birth control pills, resulting in strokes, pulmonary embolism, deep vein thrombosis, and gallstones.

The plaintiff attorneys say they have received over 50 million documents from Bayer to review and anticipate millions of more pages of documents that will need to be produced before trials can commence.

In October 2010, a Case Management Order (CMO) was filed in the federal MDL, scheduling three bellweather Yaz and Yasmin trials to occur in September 2011, January 2012 and April 2012. Cases are being prepared for these trial dates to help both parties test the strengths and weaknesses of cases and facilitate a Yaz/Yasmin/Ocella settlement.

According to allegations in complaints, the increased risk of Yaz, Yasmin and Ocella is linked to the use of drospirenone, a fourth generation progestin that is only found in these oral birth control pills and their generic equivalents.

Continue reading "Yaz Yasmin Ocella MDL Lawsuits March Update" »

DePuy Hip and Knee Replacement Lawsuits

March 15, 2011

As a Dallas Hip and Knee medical device product liability attorney I am providing this update regarding the Zimmer Durom Cup litigation involving premature hip replacement failure and the current DePuy metal on metal ASR hip replacement lawsuits.

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For medical device makers, hip and knee replacements are increasing in the next few decades because of the surge in baby boomers. As a result we expect artificial hip and knees implant failures to increase.

In the Zimmer Durom Cup Product Liability Litigation, MDL NO. 2158, which is pending in the US District Court in Newark, New Jersey, the Court ordered all cases to proceed to mediation. Zimmer said they are anxious to settle for a "fair amount," which will include lost wages and medical bills and revision (or replacement) surgery as a result of failed Zimmer hip. The first mediation started in San Francisco and mediations will follow nationwide so that the Zimmer victims can meet with Zimmer representatives.

The Durom Cup was implanted in more than 12,000 patients in the US between 2006 and 2008. In July 2008, Zimmer announced that it was temporarily suspending sales of the Durom Cup in the US, but denied any "evidence of a defect with its product." The complaint alleges that the failure rate of the Durom Cup is between 20 percent and 30 percent and likely will climb much higher in the next few years.

Now we have litigation that has commenced with the DePuy metal on metal ASR hip replacements. These Johnson and Johnson metal on metal ASR hips also fail at an unacceptable rate. These cases have been consolidated in the Northern District of Ohio federal court MDL.

Continue reading "DePuy Hip and Knee Replacement Lawsuits" »

Topamax Topiramate Cleft Lip and Cleft Palate Lawsuits

March 10, 2011

As a Dallas Topamax Cleft Lip and Cleft Palate attorney I am providing this update regarding Topamax and Topiramate Lawsuits.

Was your child born with a cleft palate or cleft lip after the use of Topamax (topiramate) while pregnant? If so, you should know that the United States Food and Drug Administration (FDA) has increased its warning of these birth defects caused by Topamax. The FDA announced that "there is positive evidence of human fetal risk" and warned that taking this medication during pregnancy created a higher risk that the baby would develop a cleft lip or cleft palate.

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Medical providers who treat migraine headaches are warning women of childbearing age about the pregnancy risks with Topamax, and warn that contraceptives should be used to avoid getting pregnant while on the medication.

Use of the epilepsy and migraine medication during the first trimester of pregnancy, could cause babies to born with the serious malformations from side effects of Topamax.

Topamax (topiramate) was first approved for treatment of epilepsy, and in 2004, the FDA approved Topamax for use of treating migraines. Generic forms of the drug began to appear in 2006.

The FDA estimates that approximately 32.3 million prescriptions for Topamax or a generic equivalent were issued from January 2007 through December 2010.

According to data from the North American Antiepileptic Drug Pregnancy Registry, children born to mothers who took Topamax while pregnant had an oral cleft birth defect about three times more often than infants born to women who took other antiepileptic drugs. When compared to children born to women without epilepsy or treatment with other antiepileptic drugs, the Topamax pregnancy risk was associated with a 20 times greater prevalence of cleft palate or cleft lip.

Continue reading "Topamax Topiramate Cleft Lip and Cleft Palate Lawsuits" »

Fosamax Long Bone Femur Fracture Lawsuits

March 8, 2011

As a Dallas Fosamax Femur Fracture attorney I am reporting the following update regarding the Fosamax Long Bone Lawsuits.

The long-term use of Fosamax is linked to an increased risk of femur fractures. We are reviewing and accepting Fosamax lawsuits nationwide. Women throughout the United States have reported suffering spontaneous femur fractures while on Fosamax, Merck’s osteoporosis drug.

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The femur, or thigh bone, is one of the strongest bones in the human body. Side effects of Fosamax may weaken the ability of the bone to repair itself from microdamage, increasing the risk of a bone fracture over time.

Merck has failed to adequately research their osteoporosis drug or warn about this potential Fosamax problem. A Fosamax femur fracture lawsuit, may result in financial compensation for users who have suffered broken bones.

Fosamax (alendronate sodium) has been prescribed to millions of people in the United States since it was approved in 1995 for treatment of osteoporosis and Pagets disease of the bone.

While Fosamax is prescribed to treat osteoporosis and reduce the risk of hip fractures and long bone fractures, the mechanism of action, which prevents bone turn-over, could make some users vulnerable to certain types of fractures.

Merck faces about 1,000 lawsuits over Fosamax jaw bone problems which can cause deterioration or decay of the jaw; a condition known as osteonecrosis of the jaw (ONJ). The federal Fosamax ONJ lawsuits have been consolidated and centralized into a multidistrict litigation (MDL) in the U.S. District Court for the Southern District of New York.

If you, a friend or family member experienced a broken thigh bone on Fosamax, request a free consultation and claim evaluation to review your rights with one of our Fosamax lawyers.

Continue reading "Fosamax Long Bone Femur Fracture Lawsuits" »

DePuy ASR Recall And Replacement Update

March 3, 2011

As a DePuy ASR Hip Recall attorney, I would to update the recipients of faulty DePuy ASR hip implants not to preserve their legal rights as Johnson & Johnson offers an early hip replacement settlement.

Before you accept this early hip replacement settlement offer, please seek a second opinion from a knowledgeable and experienced DePuy attorney.

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DePuy considers certain minor medical expenses reasonable for patients that experience DePuy hip side effects. But a DePuy hip lawsuit is necessary to get compensation for past, present and future medical therapies, lost wages, pain and suffering.

A second implant surgery is necessary for some patients because of a high failure rate for two of their devices. The DePuy Hip Recall includes the DePuy ASR Hip Resurfacing system and the ASR XL Acetabular Cup system.

Medical reports suggest that one in eight patients will require a revision surgery within five years of their first implant.

This DePuy hip recall litigation suggests that patients will be observed closely for any side effects in the foreseeable future, including continued pain, inflammation, metallosis, difficulty walking or other DePuy ASR hip replacement side effects.

Continue reading "DePuy ASR Recall And Replacement Update" »

Roche Accutane Inflammatory Bowel Disease Trials

February 26, 2011

As a Fort Worth Accutane Inflammatory bowel disease attorney, I am writing about the upcoming trial in New Jersey state court. These trials have been anticipated for a long time and will inject Hollywood into the proceedings, as one of the plaintiffs is a film actor.

Trial will began this week in New Jersey state court, for three plaintiffs who allege that they suffered severe bowel disease from Accutane.

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Roche faces 3,000 Accutane bowel lawsuits, which all involve allegations that the drug maker failed to adequately warn users about the potential risk of injury associated with the acne medication. The plaintiffs claim there is an increased risk of inflammatory bowel disease (IBD) from Accutane (isotretinoin), which could lead to ulcerative colitis, and Crohn’s disease.

Roche has lost all six Accutane trials that have previously reached a jury.

The number of Accutane complaints filed in New Jersey continues to increase as former users discover that there may be a connection between their bowel problems and Accutane.

The next Accutane trial is scheduled in May 2011, and involves a case filed by Kamie Kendall. The earlier verdict was reversed on appeal because Roche was denied introducing evidence about the number of individuals who have used the acne medication over the years.

Continue reading "Roche Accutane Inflammatory Bowel Disease Trials" »

Darvocet, Darvon, and Propoxyphene MDL March Hearing

February 22, 2011

As a Fort Worth Darvon, Darvocet and Propoxyphene recall attorney I am providing this update regarding the upcoming MDL hearing, presently set for late March in California.

There is going to be a hearing that will decide whether all Darvon and Darvocet lawsuits should be consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation in federal court.

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The U.S. Judicial Panel on MDL (JPML)has set a hearing for March 30th in San Diego, where they will consider the proposed consolidation of the Darvon and Darvocet litigation.

There are currently at least four different lawsuits over Darvocet that have been filed against Xanodyne Pharmaceuticals in three different federal district courts.

All of the suits contain allegations that the manufacturer failed to adequately research the side effects of Darvocet and Darvon and failed to warn doctors and patients that propoxyphene-based drugs caused heart rhythm problems that could sometimes be fatal.

A Darvon and Darvocet recall was issued on November 19, 2010, after the FDA determined that propoxyphene-based painkillers may increase the risk of heart rhythm abnormalities, including heart arrhythmias or sudden heart-related death.

Multidistrict litigation, and centralization is common in complex product liability claims involving a large number of lawsuits over injuries associated with a particular product. The process is designed to avoid duplicate discovery, prevent inconsistent rulings by different judges and to promote the efficient litigation of the cases.

Xanodyne has opposed consolidation of the Darvocet litigation, stating that much of the evidence and discovery in the cases will focus on the individual health of each plaintiff. The company also stated that some plaintiffs took versions of Darvon or Darvocet that were not made by Xanodyne, and so arguing that the Xanodyne could not be held liable in these cases.

Furthermore, Xanodyne argues that the cases should be centralized in the Eastern District of Kentucky, where the drug maker is headquartered.

Continue reading "Darvocet, Darvon, and Propoxyphene MDL March Hearing" »

Accutane Inflammatory Bowel Disease

February 21, 2011

As a Fort Worth Accutane Inflammatory Bowel Disease attorney, I am providing this latest update to the Accutane lawsuits which have been filed in New Jersey.

3,000 Accutane lawsuits have been filed in New Jersey state court, Atlantic City, alleging that makers of the acne skin medication failed to adequately warn about the risk of inflammatory bowel disease, particularly Ulcerative Colitis and Crohn’s disease.

All of the New Jersey state court lawsuits over Accutane and generic versions have been consolidated as a Mass Tort.

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The first Accutane lawsuit was filed on September 23, 2004 and the 3,000th case was filed earlier this month, on February 9, 2011.

Roche discontinued Accutane in June 2009 due to the increasing costs associated with the Accutane litigation, but a number of generic versions remain available under names such as Claravis, Sotret, Amnesteem and generic isotretinoin.

Roche has lost all six cases that have reached a jury verdict.

A trial is scheduled to begin this month before Judge Higbee involving three Accutane suits, including one brought by actor James Marshall.

Continue reading "Accutane Inflammatory Bowel Disease" »

Merck Wins 3rd Fosamax Osteonecrosis Lawsuit

February 18, 2011

As a Fort Worth Fosamax osteonecrosis attorney I am reporting this 3rd win by Merck.

Merck & Co. won a lawsuit brought by a patient who said the company's osteoporosis drug Fosamax caused dental and jaw problems.

A jury in the Superior Court for Atlantic County, N.J., found that Fosamax did not cause the patient's dental and jaw problems.

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The patient used Fosamax from 1999 to 2006, and suffered jaw problems after having a tooth removed in December 2005. Merck said the woman's history of dental problems and use of steroid medications contributed to those problems.

Merck has more than a thousand lawsuits brought by patients who say they developed jaw and dental problems including osteonecrosis of the jaw — or rotting of the jawbone — after using Fosamax. Merck has now won three of the four lawsuits that have gone to trial.

Continue reading "Merck Wins 3rd Fosamax Osteonecrosis Lawsuit " »

DePuy ASR Recall Update

February 9, 2011

As a Dallas DePuy ASR Recall attorney I am providing this important update regarding the recent MDL hearing in Florida.
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Johnson & Johnson and plaintiff attorneys are negotiating a procedure for preserving and handling company’s recalled hip implant devices after patients get them replaced through surgeries. J&J’s DePuy Orthopaedics unit recalled the implants on Aug. 26, after researchers found a second operation, or “revision surgery,” was needed after five years at rates higher than the company expected. Doctors had implanted 37,000 ASR XL Acetabular System devices.

The implants and tissue removed are important evidence in the individual lawsuits by DePuy patients. The protocol for handling and analyzing the explants, will help document excessive metal wear of the device and the destructive tissue damage caused by the debris.

The devices, known as metal-on-metal implants, had defective designs that caused cobalt and chromium debris resulting in tissue death, fractures, and other injuries known as metalosis.

Hundreds of lawsuits have been filed in federal court and state courts in California and New Jersey. Federal cases filed around the country are being transferred to Toledo.

J&J was “negligent in marketing and selling ASR implants despite knowing that the joints would more likely than not fail prematurely as compared to other prosthetic hip implants and expose patients to unreasonably high risk of serious bodily injury,” according to a recent complaint.

The case is In re: DePuy Orthopaedics Inc. ASR Hip Implant Products, 10-md-2197, U.S. District Court, Northern District of Ohio (Toledo).

Dallas Avandia Heart Attack Death Update 817-717-1772

February 1, 2011

As a Fort Worth Avandia Product Recall Attorney, I am providing this latest Avandia lawsuit information.

GlaxoSmithKline Plc has settled a lawsuit alleging its Avandia diabetes drug caused a North Carolina man to die of a heart attack, thus avoiding a jury determination over risks associated with the medicine.

The U.K.’s biggest drugmaker resolved the suit by the family of James Burford, an Avandia user who died in 2006.

The lawsuit, scheduled for trial this week in Philadelphia federal court, was the first of 2,000 heading to court alleging Glaxo hid Avandia’s health risks.

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Glaxo announced Jan. 17 that it is taking a $3.5 billion charge to cover expenses linked to investigations and suits over Avandia. The reserve brings to $6.4 billion the amount the drugmaker has set aside in the past 12 months for legal costs tied to Avandia.

The latest settlement resulted from Glaxo’s move to resolve all Avandia cases brought by plaintiffs' attorneys in Philadelphia of more than 1,600 cases consolidated there.

The company still faces at least 1,600 cases filed in Philadelphia and another 400 in state courts across the U.S., lawyers for Avandia users and the company said last week.

Lawyers for Burford’s family alleged that Glaxo refused to take Avandia off the market, even though studies concluded it increased risks of heart attacks and strokes. They also claimed Glaxo officials withheld studies by regulators showing the increased risk tied to the drug.

The case is Deborah A. Burford v. SmithklineBeecham Corp., 07-CV-05360, U.S. District Court for the District of Pennsylvania (Philadelphia)

Continue reading "Dallas Avandia Heart Attack Death Update 817-717-1772" »

Fosamax Side Effect Lawsuit Update

January 25, 2011

As a Fosamax Product Liability Osteonecrosis attorney I am providing this update of the current status of Fosamax MDL Litigation.

A Fosamax jury trial began last week in the Superior Court for Atlantic County, New Jersey. Merck states that the evidence will show that FOSAMAX did not cause the plaintiff to develop dental and jaw related problems and that Merck provided appropriate and timely information about FOSAMAX to the medical, scientific and regulatory communities.

In Rosenberg v. Merck, the plaintiff alleges she used FOSAMAX from 1999 to 2006. The plaintiff further claimed she suffered various jaw problems and complications following a tooth extraction in December 2005.

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FOSAMAX was approved as a safe and effective medication by the U.S. Food and Drug Administration in September 1995 and is still on the market today and approved for multiple indications, including the treatment and prevention of osteoporosis in postmenopausal women.

This is the fourth FOSAMAX case to go to trial. The first three trials were conducted as part of the federal multidistrict litigation (MDL) proceedings before Judge John F. Keenan in the U.S. District Court for the Southern District of New York. The first case to be tried to a verdict, Maley v. Merck, resulted in a defense verdict for Merck in May 2010. The second case to be tried to a verdict, Boles v. Merck, initially resulted in a mistrial in September 2009 after the jury was unable to reach a unanimous verdict. A retrial of that case in June 2010 resulted in a plaintiff verdict, which has since been reduced by Judge Keenan and which Merck is appealing. The third case to be tried to a verdict, Graves v. Merck, resulted in a defense verdict for Merck in November 2010. As of September 30, 2010, approximately 1,180 cases, which include approximately 1,560 plaintiff groups, had been filed and were pending against Merck in either federal or state court.

Continue reading "Fosamax Side Effect Lawsuit Update " »

Darvocet Wrongful Death Product Liabilty Lawsuits

January 23, 2011

As a Fort Worth DARVON Product Liability Attorney I am providing this Darvon, Darvocet Update.

Since Dec. 3, seven lawsuits have been filed in federal court alleging that Xanodyne Pharmaceuticals Inc., the manufacturer of Darvocet and Darvon, knew of the risks but failed to warn doctors and the general public that the medications could contribute to heart disease.

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The recalled pain pills Darvocet, Darvon, or the generic propoxyphene are some of the most dangerous drugs ever sold in the United States, and we are urging folks to stop taking Darvocet, Darvon, or the generic version propoxyphene pain pills immediately.

Many people we have talked with, who took Darvocet, or Darvon, developed severe heart rhythm issues including sudden death, and now are either medicated to control their heart beat, or they have a pacemaker or an implantable defibrillator.

The suits, some them class actions, were filed on behalf of people who suffered from heart problems or died after taking the drugs. Plaintiffs' lawyers already have moved to consolidate the cases into multidistrict litigation.

Continue reading "Darvocet Wrongful Death Product Liabilty Lawsuits" »

Dallas Police Officer Files lawsuit Against Taser

January 21, 2011

As a Fort Worth Taser Lawsuit Attorney, I am reporting this Dallas Texas story.

A Dallas police officer has filed a lawsuit in which he alleges that jolts of electricity received during Taser training caused fractured backs and other severe injuries.

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Dallas police Officer Andrew Butler’s lawsuit, filed Jan. 6 against Taser International, is thought to be the first of its kind in Texas. He alleges Taser did not fully disclose the risks associated with being shot with the device in the academy to his police trainers.

In Dallas, the deaths of at least two drug-fueled suspects who were stunned during arrests have been connected to shocks from the devices.

Recently, police officers around the country have begun filing lawsuits claiming they were hurt when taking a Taser shot.

Several dozen lawsuits by police officers have been filed, but only one has gone to trial. Taser prevailed in that 2005 Arizona case because the officer had a pre-existing back condition.

The company has sold 514,000 devices to more than 15,800 law enforcement and military agencies. Half of the about 2.3 million times that Tasers have been used were in training environments and other voluntary situations, according to the company.

In Dallas, being stunned is optional, but peer pressure in the hyper macho environment of police training often leaves few bystanders, people familiar with the training say.

Dallas police Assistant Chief Floyd Simpson, who supervises training, said that he was unaware of cases in which officers around the country had alleged they were hurt by Tasers. He said he would review information in Butler’s case, but had no immediate plans to stop officers from taking voluntary zaps in training.

He and others in the class signed waivers before they were shocked with the device. Butler and his attorney say he later had to have surgery to repair fractured vertebrae that were crushed when his back muscles contorted from the Taser shock.

Continue reading "Dallas Police Officer Files lawsuit Against Taser" »

FDA Multaq Dronedarone: Risk of Severe Liver Injury

January 14, 2011

As a Fort Worth Product Liability and Defective drug attorney I am reporting this latest warning from the FDA involving the drug, Multaq.

The Food and Drug Administration (FDA) said that it has received several reports of liver damage with Multaq tablets, including two cases in which patients had to have their livers removed.

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Both female patients were 70 years old, and they had been taking the drug for 4.5 months and six months, respectively.

The FDA said it would add a new warning about the risk for liver damage to the label of Multaq. Multaq already carries a black box warning, the most severe type, stating the drug can cause severe complications, including death, in people with recent severe heart failure and should not be used in those patients.

Sanofi-Aventis SA, the manufacturer of the medication, will send a letter to US doctors telling them that two patients taking the Multaq (dronedarone) medication have suffered liver failure.

Multaq, cleared for sale in 2009, treats atrial fibrillation, a rapid and irregular beating in the heart's upper chambers affecting an estimated two million people in the US, according to the National Heart, Lung and Blood Institute.

According to the FDA, patients taking the drug should call their doctor if they experience symptoms such as itching, yellow eyes or skin, dark urine, loss of appetite, or light-colored stools,

Continue reading "FDA Multaq Dronedarone: Risk of Severe Liver Injury" »

DePuy Hip Recall Lawyers and MDL Court Meeting in January

January 8, 2011

As a Fort Worth DePuy Hip Recall and Injury Attorney I am providing this DePuy Litigation update.

The DePuy Product Liability Attorneys involved with the DePuy Recall and class action lawsuits are scheduled to meet with the federal judge that is presiding over the multi-district litigation (MDL) on January 20th.

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In December, a U.S. Judicial Panel ruled to consolidate all federal DePuy hip recall lawsuits in the Northern District of Ohio. The meeting scheduled for January will allow the Judge to select which attorneys will serve in leadership roles for the plaintiffs and the defendants.

Over 100 DePuy hip recall lawsuits have already been transferred to the MDL Court, and thousands more are expected to be filed or transferred in the coming months.

The claims are being consolidated in an effort to reduce the burden on the court system. All of the cases that have been and will be filed under the MDL will have similar allegations against a common defendant, DePuy Orthopedics and its parent company Johnson & Johnson. Many claims will be seeking similar damages resulting from similar injuries and much of the same discovery will be applicable to a majority of the claims.

DePuy ASR hip implants were recalled by DePuy last year after it was discovered that the metal on metal implants had an extremely high rate of failure, but most of damage had already been done. Over 90,000 people world wide were implanted with the defective devices between the 2005 launch and the recall some five years later. It is estimated that about 35,000 defective DePuy hips were implanted in the United States alone.

Patients implanted with a recalled DePuy hip implant may still be at risk for problems related to the release of small particles from the metal-on-metal devices, even if they have not experienced pain or other symptoms. Therefore, if you have received an implant involved in the DePuy hip replacement recall, do not wait until you experience symptoms of DePuy hip problems to learn your legal rights.

Continue reading "DePuy Hip Recall Lawyers and MDL Court Meeting in January" »

Dallas Bard Recovery and G2 IVC Filter Lawsuits

January 1, 2011

As a Dallas Product Liability attorney and Bard Recovery and G2 IVC Filter lawyer, I am writing an update about this latest FDA warning regarding the Inferior Vena Cava filters.As I wrote previously in my blog, there are serious and fatal complications of the widely used Bard inferior vena cava (IVC) filters.

G2TM IVC Filter Lawsuits

G2™ Filter System Lawsuits allege that the G2TM Filter System possesses manufacturing and design defects which resulted in device failure. The injured plaintiffs experienced fracture and migration of the G2TM Filter.

In 2005, Bard Peripheral Vascular began selling its G2TM IVC filter. This replaced the RecoveryTM IVC filter. Despite the "enhanced fracture resistance" and "enhanced migration resistance" advertisements by Bard Peripheral Vascular, the device has still been shown to fracture, fail and migrate.

RecoveryTM IVC Filter Lawsuits

The RecoveryTM IVC filter was approved by the Food and Drug Administration in 2002. It was placed on the market for use in 2003. Its manufacturer, Bard Peripheral Vascular withdrew the RecoveryTM IVC filter from the market in 2005 and replaced it with the G2TM IVC filter. The G2TM IVC filter is the "second generation" of the RecoveryTM IVC filter.

A recent medical report has found that 25% of all Bard Recovery IVC filters and 12% of Bard G2 IVC filters fractured. These fractured filters have the potential become dislodged and cause serious and fatal injury. 71% of the broken pieces migrated through the veins of the patient to the heart. The FDA has received more than 900 reports of adverse events, including:

* Deep Vein Thrombosis (DVT)

* Filter Fracture, Migration or Embolization, leading to Injury to the Heart, Lung or Vena Cava

* Cardiac or Pericardial Tamponade

* Severe Persistent Chest Pain

* Shortness of Breath

* Death

Continue reading "Dallas Bard Recovery and G2 IVC Filter Lawsuits" »

FDA Warns Against Inferior Vena Cava Filters

December 31, 2010

As a Fort Worth Product Liability attorney and Bard IVC Filter lawyer, I am writing about this latest FDA warning regarding the Inferior Vena Cava filters.

Patients who suffer from the threat of pulmonary embolism and are contraindicated for anticoagulation therapy may find themselves receiving an Inferior Vena Cava (IVC) filter to prevent pulmonary embolism.

Inferior vena cava filters are an alternative treatment for patients at risk for a pulmonary embolism. They are often used when an anticoagulant is contraindicated or if such medications have not been effective. They contain a number of legs or struts that extend out like a spider to catch blood clots that may break free elsewhere in the body, such as the deep veins of the legs. But, if there is an IVC filter strut fracture, small pieces of the filter may travel to other parts of the body, such as the heart or lungs.

Since 2005, the FDA has received 921 device adverse event reports involving IVC filters, of which 328 involved device migration, 146 involved embolizations (detachment of device components), 70 involved perforation of the IVC, and 56 involved filter fracture.

These types of events may be related to a retrievable filter remaining in the body for long periods of time, beyond the time when the risk of pulmonary embolism (PE) has subsided.

RECOMMENDATION: FDA recommends that implanting physicians and clinicians responsible for the ongoing care of patients with retrievable IVC filters consider removing the filter as soon as protection from PE is no longer needed.

Healthcare professionals and patients are encouraged to report adverse events or side effects related to the use of these products to the FDA's MedWatch Safety Information and Adverse Event Reporting Program:

* Complete and submit the report Online: www.fda.gov/MedWatch/report.htm
* Download form or call 1-800-332-1088 to request a reporting form, then complete and return to the address on the pre-addressed form, or submit by fax to 1-800-FDA-0178

Read more here about the IVC Filters.

These IVC Filter devices have recently come under investigation due to a high number of Bard IVC filter fractures which can cause pieces of the devices to travel through the body and damage the heart, lungs and other organs, causing embolisms and possibly death.

In a study published in November in the Archives of Internal Medicine, two Bard IVC filters were found to have a particularly high rate of problems. According to Dr. Rita Redberg in an editorial published by the Archives of Internal Medicine, both of those filters, the Bard G2 and Bard Recovery, were approved with virtually no real clinical data showing they were safe or effective.

Redberg said that researchers suggest that the number of Bard G2 filter fractures is likely to increase as they stay on the market and have been in patients’ bodies longer. She said that data indicates about 62,000 people have received the implants, and as many as 7,000 can expect to experience a Bard IVC filter fracture.

A number of Bard IVC filter lawsuits have been filed against C.R. Bard over the last year alleging that serious injuries or deaths were caused by design defects associated with these filters.

Continue reading "FDA Warns Against Inferior Vena Cava Filters " »

Prempro Premarin Settlement Over Cancer-Causing Claims.

December 21, 2010

As a Fort Worth Product Liability and Defective Drug attorney I am providing this update.

Wyeth Pharmaceuticals and Upjohn Co have agreed to a settlement with two Nevada women who claimed hormone replacement drugs caused their breast cancer.

Court documents report that Nadine Bender, who died while awaiting trial began taking the drugs when she was 30 to help regulate her menstrual cycle. She continued once her menopausal symptoms started and stopped using the drugs when diagnosed with breast cancer in 1995.

Bender, who died while awaiting trial, and Scott, 81, claimed Wyeth's estrogen pill, known as Premarin, and the drug Prempro, as well as Upjohn's progestin pill, Provera, caused their breast cancer.

Shelia Scott began the estrogen-progestin combination in 1989 and stopped when her breast cancer was found in 2001.

Recently the Nevada Supreme Court affirmed a $58 million jury award to three women who made similar claims against Wyeth, which "are among thousands filed across the country.

Information and commentary provided by Dallas Fort Worth Personal Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas toll free at 888-210-9693 or in Fort Worth at 817-900-8439. If you or a loved one has been injured from a truck accident, car crash or bus accident, please fill out our contact card for a free consultation.

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DePuy Hip Replacement Failure Demonstrates a Broken Medical Implant System

December 18, 2010

As a Fort Worth DePuy ASR Hip Recall attorney I am providing this latest update information involving the recent DePuy Class Action lawsuits.

The DePuy Articular Surface Replacement (ASR) hip, is failing at high rates, even though the device was designed to last for at least 15 years.

According to medical critics the failure of the ASR hip demonstrates a broken piecemeal medical implant system.

Medical implants can be sold without testing if a device, like an artificial hip, resembles an implant already approved. This is different from new drugs, which have go through a series of rigorous clinical trials before receiving approval from the Food and Drug Administration.

Until summer of 2010, DePuy Orthopaedics, stated that the A.S.R. was performing similarly toother hip devices. But doctors indicated that DePuy received repeated warnings that the implant was failing at an alarming rate.

Read full story here at the New York Times

Information and commentary provided by Dallas Fort Worth DePuy Class Action Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas toll free at 888-210-9693 or in Fort Worth at 817-900-8439. If you or a loved one has been injured from a DePuy Hip Implant, please fill out our contact card for a free consultation.

Click here for Map and location.

Jury Verdict $81 M in Tobacco Wrongful Death Lawsuit

December 17, 2010

As a Fort Worth Personal Injury Attorney I am very proud of the recent verdict announced this week against a major tobacco company.

Cigarettes in my humble opinion should be banned; they serve no purpose and are extremely dangerous substances in its present manufactured form. As medical studies have demonstrated, they are nicotine delivery systems, surely there are less dangerous ways to deliver nicotine. People get addicted and the immense cost to human life is clearly palpable and with the resultant medical care and untold pain and suffering.

A Massachusetts jury has ordered cigarette maker Lorillard Inc. to pay $81 million in punitive damages to the estate of Marie Evans, who suffered a deadly addiction to Newport cigarettes.

The punitive damages came on top of $71 million awarded last week in compensatory damages.

Evans's estate was awarded $50 million in compensatory damages, and her son, was awarded $21 million. Only the estate of Marie Evans, the person directly injured by the company's actions, was eligible to collect punitive damages.

The lawsuit alleged that the tobacco company’s marketing plans induced Evans to start smoking as a child. She died in 2002 from lung cancer.

According to the defendants, the company no longer passes out samples of Newport cigarettes, it no longer advertises cigarettes on radio or television, and the company agrees that cigarettes cause cancer and other diseases.

The jury had already that found the company seduced Evans into smoking when she was just 13 by handing out Newport samples.

The free samples was part of the marketing strategy to reach out to youngsters in black neighborhoods, where menthol brands are popular. The jury found that Lorillard acted with negligence, breach of trust, and in a manner that was wanton and reckless.

Finally Big Tobacco is having to pay the price for its negligent activities, but it is too little too late for the victims.

Now Big Tobacco has set its sights on the Third World masses with their free samples, unfiltered cigarettes and lack of any governmental oversights to breed a new crop of addicts.

Talk of putting profits before people. The moral outrage, continues dear friends, we are slowly winning, the flame of justice just burned a little brighter this week with the announcements of these jury verdicts.

Information and commentary provided by Dallas Fort Worth Personal Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas toll free at 888-210-9693 or in Fort Worth at 817-900-8439. If you or a loved one has been injured from a truck accident, car crash or bus accident, please fill out our contact card for a free consultation.

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Generic Drug Product Liability Lawsuit Heads to Supreme Court

December 13, 2010

The US Supreme Court will hear arguments on whether generic-drug makers can be sued for not warning patients about the risk of dangerous side effects.

The Court has agreed to hear the lawsuits involving Mylan Inc. and Teva Pharmaceutical Industries Ltd. These lawsuits by two women allege that they contracted a severe neurological disorder, tardive dyskinesia, as a result of long-term use of metoclopramide.

A federal appeals court let both suits proceed, noting that a 2009 Supreme Court ruling that permitted failure-to-warn suits against brand-name drugmakers.

The drug companies argue that the 2009 ruling shouldn’t apply to them because federal law requires generic drugs to include the same packaging insert as the one used by the brand-name drug company that produces the medicine.

Trial courts across the country have rejected that argument.

Information and commentary provided by Dallas Fort Worth Personal Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas at 888-210-9693 or in Fort Worth at 817-900-8439. If you or a loved one has been injured from a Defective Drug, please fill out our contact card for a free consultation.

Court Refuses to Dismiss Toyota Wrongful Death Law Suits

December 12, 2010

As a Fort Worth Wrongful Death Attorney and Car Accident Attorney I am providing this latest update regarding the on going Toyota Product Liability Lawsuits.

The California federal judge said that he is inclined to let personal injury and wrongful death lawsuits against Toyota Motor Corp. move forward.

U.S. District Judge James V. Selna issued a preliminary opinion denying the automaker's motion to dismiss key causes of action in 51 lawsuits.

Hundreds of lawsuits have been filed since the Japanese automaker starting recalling millions of vehicles because of sudden-acceleration problems in several models and brake defects with the Prius hybrid.

If the order is finalized, Selna's order would be a victory for plaintiffs suing Toyota for negligence, design defects, failure to warn and fraudulent concealment.

Information and commentary provided by Dallas Fort Worth Personal Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas at 888-210-9693 or in Fort Worth at 817-900-8439. If you or a loved one has been injured from a car accident, please fill out our contact card for a free consultation.

J & J Loses First Levaquin Tendon Rupture Trial

December 9, 2010

As a Fort Worth Levaquin Tendon Rupture Attorney I am pleased to report the jury verdict of the first Levaquin Bell Weather trial that was recently announced.

A Minneapolis, Minnesota federal court jury announced that Johnson & Johnson must pay $1.1 million in punitive damages to an 82-year-old man who claimed that it failed to properly warn of the risks of Levaquin linked tendon damage.

The jury awarded compensatory damages of $700,000 to John Schedin, who sued J&J and its Ortho-McNeil-Janssen Pharmaceuticals unit in 2008. Schedin, alleged that he ruptured both Achilles tendons after taking Levaquin, and that the companies failed to warn doctors and patients of the antibiotic drug’s association with tendon damage.

The trial was the first on more than 2,600 claims in U.S. courts alleging that Levaquin caused tendon damage in patients and that New Brunswick, New Jersey-based J&J failed to disclose the risk adequately. The jury, in ordering punitive damages, found the company acted with deliberate disregard for the safety of others.

In 2008, the U.S. Food and Drug Administration required J&J and makers of related drugs in the class of antibiotics called fluoroquinolones to include warnings on the risk of tendon ruptures. The risk was higher in patients older than 60, those taking steroids, and recipients of kidney, heart or lung transplants, according to the FDA.

The plaintiffs claim the label warning should have been improved earlier and remains inadequate. They also say J&J and Ortho-McNeil-Janssen boosted sales by downplaying risks.

The drug has been prescribed more than 430 million times worldwide. Sales of the drug through the first nine months of the year totaled $957 million, the company said in an Oct. 19 statement.

Ortho-McNeil-Janssen didn’t send doctors letters about Levaquin’s risks before the 2008 label change.

Schedin was prescribed Levaquin and a steroid for an upper respiratory infection in 2005, according to his complaint.

His doctor would have prescribed another antibiotic had he known “about the risks associated with Levaquin, especially when taken together with steroids,” Schedin said in court papers.

The case is Schedin v. Johnson & Johnson, 08-cv-05743, combined for trial in In re Levaquin Products Liability Litigation, 08-md-01943, U.S. District Court, District of Minnesota.

Information and commentary provided by Dallas Fort Worth Personal Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas at 888-210-9693 or in Fort Worth at 817-900-8439. If you or a loved one has been injured from a Levaquin Tendon Rupture, please fill out our contact card for a free consultation.

Click here for Map and location.

Smokeless Tobacco Wrongful Death Lawsuit Settled

December 8, 2010

Wrongful Death Lawsuit Settled Over Chewing Tobacco Death

The Dr Shezad Malik Law Firm is currently accepting and evaluating potential Smokeless Tobacco Wrongful Death claims.

A chewing tobacco manufacturer has agreed to a $5 million settlement with the family of a man who died from cancer, allegedly caused by the product. The man began chewing tobacco at age 13 and died of tongue cancer at age 43. The lawsuit and settlement is the first of its kind related to chewing tobacco.

Read Article: The Hartford Courant

DePuy Hip Recall Lawsuits Assigned to Northern District of Ohio

December 6, 2010

Information and commentary provided by Dallas Fort Worth DePuy Hip Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas at 888-210-9693 or in Fort Worth at 817-900-8439. If you or a loved one has been injured from a defective DePuy Hip, please fill out our contact card for a free consultation regarding your defective product liability claim. Click here for Map and location.

A judicial panel has decided that all pretrial proceedings in federal lawsuits against Johnson & Johnson over recalled hip-replacement devices will be overseen by the Federal Court in Ohio. Once pretrial proceedings are completed, the individual cases are sent back for trial in the courts where they were first filed.

U.S. District Judge Katz in Toledo, Ohio, will supervise evidence-gathering efforts in cases over the ASR XL Acetabular System.

DePuy recalled both the ASR XL Acetabular System, a total hip-replacement product approved by U.S. Food and Drug Administration in August 2005, and the DePuy ASR Hip Resurfacing System.

New Brunswick, New Jersey-based J&J, and Warsaw, Indiana-based DePuy said they recalled the devices after researchers found many patients needed “revision surgery” after five years because of design defects.

Researchers in the U.K. found that, 13 percent of patients with complete hip replacements and 12 percent with resurfacing devices needed a second operation.

Other medical-device makers have faced costly product-liability cases in the past over hip-replacement systems.

Sulzer AG agreed in 2001 to a $1 billion settlement of suits alleging hip and knee implants made by its former Sulzer Medica unit were defective.

In the DePuy litigation, there are allegations of toxic exposure to trace elements, chromium and cobalt. A DePuy victim's damages include revision surgery to get the metal-on-metal implant out, systemic reaction to the excessive metal load in their body, bone loss around the implant, metal debris and metal ions in their tissues causing necrosis of the tissue, chromium and cobalt poisoning, non-malignant tumors, and increased risk of cancer.

Serious allegations indeed.

DePuy Hip Replacement Lawsuit - Hip Recall Lawyer

November 29, 2010

As a DePuy Hip Replacement Lawsuit - Hip Recall Lawyer, I updating this information involving 2 Class action lawsuits that were filed recently in Canada against the manufacturers of the recalled defective hip replacement systems.

One of the complaints, was filed against DePuy Orthopaedics and this DePuy ASR lawsuit is seeking to represent all Canadians who received the recalled metal-on-metal hip replacement system.

The other hip replacement lawsuit was filed in Calgary, Halifax and Montreal against DePuy, Zimmer and Stryker. This complaint alleges that these manufacturing companies released the recalled defective hip replacement systems.

The DePuy ASR Hip Resurfacing System, the DePuy ASR XL Acetabular Hip System, the Zimmer Durom Cup, the Stryker Trident Acetabular PSL Cup and the Stryker Trident Hemispherical Cup are all being targeted.

The DePuy ASR hip failures appear to be linked to a defective design of the acetabular cup, which is shallower than acetabular cups made by other companies.

The Zimmer Durom Cup hip implant was supposedly designed as a more advanced form of a hip resurfacing system.

But after Zimmer introduced the Durom Cup in the United States, many concerns emerged about a high number of hip replacement failures involving the hip implant. Claims made in Zimmer Durom Cup lawsuits suggests that the artificial hip failure rate is between 20% and 30%.

The U.S. federal Zimmer Durom Cup recall litigation has been consolidated in the District of New Jersey as part of a multidistrict litigation (MDL).

The Stryker Trident Cup is a ceramic-on-ceramic hip replacement system. A Stryker Trident recall was issued in January 2008, after it was discovered that manufacturing problems may have resulted in some parts not meeting the proper standards for sterility.

Darvon Darvocet Propoxyphene Recall Attorney

November 22, 2010

As a Fort Worth Darvon, Darvocet, Propoxyphene Recall Attorney, I have special knowledge because of my cardiology background. Darvon, Darvocet and Propoxyphene can affect your heart electrical activity and rhythm.

If you have suffered from cardiac blackouts, ventricular fibrillation, Torsade De Pointes, cardiac arrest, required CPR or defibrillation, and are taking these medications, your medical condition may be linked to the toxic side effects.

This following information is available from the FDA.

Propoxyphene is an opioid medication that was first approved by FDA in 1957. It has been marketed in the United States since 1976 as a Schedule IV Controlled Substances used as either a single ingredient (e.g., Darvon) or in combination with acetaminophen (e.g., Darvocet) to treat mild to moderate pain.

In January 2009, the FDA held an advisory committee meeting to address the efficacy and safety of propoxyphene.

In July 2009, the FDA decided to permit continued marketing of propoxyphene with a new boxed warning added to the drug label alerting patients and health care professionals to the risk of a fatal overdose.

Recently Xanodyne (Pharmaceutical manufacturer) conducted a study in healthy volunteers to determine an appropriate dose that could be used in the definitive cardiac study. Data from that study demonstrated that even when propoxyphene was taken at recommended doses, there were significant changes to the electrical activity of the heart including prolonged PR interval, widened QRS complex and prolonged QT interval.

FDA is now recommending that propoxyphene products be removed from the US market.

FDA Questions and Answers here.

If you or a family member has been personally injured because of the fault of someone else: by the use of dangerous and defective drugs, bad products, or toxic injury etc then please contact the Dallas Texas Darvon Darvocet Propoxyphene Recall Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-900-8439, 888-210-9693 or Contact Me Online.

The Dr. Shezad Malik Law Firm is currently evaluating and accepting Darvon, Darvocet and Propoxyphene cardiac arrest or wrongful death cases.

DePuy ASR Hip Implants MDL Hearing

November 22, 2010

The first of many hearings on the DePuy ASR XL hip implants lawsuits against Johnson & Johnson was held in Durham, North Carolina on November 18, 2010.

The U.S. Judicial Panel for Multidistrict Litigation, JPML, heard arguments from defense lawyers for Johnson and Johnson and the plaintiffs attorneys for the affected and injured consumers.

This hearing will determine where the lawsuits should be coordinated for pretrial management, and which judge should be assigned to handle the cases.

The most significant health risk from the metallic hip is the exposure to patients of high levels of chromium and cobalt metal debris from the implants. The faulty and defective design of the ASR XL prosthetic hip leads to excessive pressure on the edges of the cup, causing extensive wear and tear and this leads to the release of ionic metal debris into the patients hip.

According to the Journal of Bone and Joint Surgery Metallosis is usually defined as aseptic fibrosis, local necrosis, or loosening of a device secondary to metallic corrosion and release of wear debris.

Chromium and cobalt are natural trace elements which the body requires for healthy function. The chromium and cobalt ions released by the DePuy ASR metal on metal grinding joint, are toxic to the tissues in the hip.

Chromium and cobalt exposures in industrial settings have been demonstrated by medical studies, and that these metals are highly toxic to the liver, kidneys, and brain tissue.

Information and commentary is provided by Dallas and Fort Worth DePuy ASR Hip Recall Attorney Shezad Malik. The Dr Shezad Malik Law Firm can be reached in Dallas at 888-210-9693 or in Fort Worth at 817-900-8439. If you have questions about a DePuy ASR Hip Recall, please fill out our contact online for a free consultation.

Dilantin Stevens Johnson Syndrome SJS Attorney

November 21, 2010

As a Fort Worth Texas Dilantin Stevens Johnson Syndrome SJS attorney, we are providing this update.

Dilantin (Generic: Phenytoin) is an antiepileptic drug prescribed to manage seizures. A major side effect of Dilantin is a severe skin reaction called Stevens Johnson Syndrome (SJS).

Stevens Johnson Syndrome involves the skin and the mucous membranes and is a serious systemic disorder with the potential for severe illness and even death.

With Stevens Johnson Syndrome, a patient develops blistering of mucous membranes, usually in the mouth, eyes, and genitals. Nearly all cases are caused by a drug reaction, most commonly sulfa antibiotics, barbiturates, anti-seizure medication such as Dilantin and certain non-steroidal anti-inflammatory drugs. The disorder occurs in all age groups but is more common in older people and people of African American descent.

Information and commentary is provided by Dallas and Fort Worth Dilantin Stevens Johnson Syndrome Attorney Shezad Malik. The Dr Shezad Malik Law Firm can be reached in Dallas at 888-210-9693 or in Fort Worth at 817-900-8439. If you have questions about drug induced Stevens Johnson Syndrome, please fill out our contact for online for a free consultation.

Continue reading "Dilantin Stevens Johnson Syndrome SJS Attorney" »

Fort Worth Texas Update: Darvon Darvocet Cardiac Wrongful Death

November 20, 2010

As a Fort Worth Darvon Darvocet Product Recall Attorney we are providing this update. The FDA announced that it has requested manufacturers of propoxyphene, brand name Darvon, Darvocet and its generic equivalents, be withdrawn from the market due to serious and fatal heart risks.

Recent clinical data has shown that patients who take propoxyphene are at risk of fatal heart arrhythmia. This study showed that, even when taken at recommended doses, propoxyphene causes significant changes to the electrical activity of the heart visible on an electrocardiogram (EKG). These changes in electrical activity can increase the risk for abnormal heart rhythms linke

Xanodyne Pharmaceuticals Inc, the maker of brand name Darvon and Darvocet, has agreed to withdraw the drug from the U.S. market and the FDA has notified manufacturers of generic propoxyphene products of Xanodyne’s decision, requesting they do the same.

Stand Alone Propoxyphene

* Darvon
* Darvon-N
* PP-Cap

Propoxyphene Combination Products

* Balacet (containing Acetaminophen and Propoxyphene)
* Darvocet A500 (containing Acetaminophen and Propoxyphene)
* Darvocet-N (containing Acetaminophen and Propoxyphene)
* Darvon Compound 32 (containing Aspirin, Caffeine, and Propoxyphene)
* Darvon Compound-65 (containing Aspirin, Caffeine, and Propoxyphene)
* PC-CAP (containing Aspirin, Caffeine, and Propoxyphene)
* Propacet (containing Acetaminophen and Propoxyphene)
* Propoxyphene Compound 65 (containing Aspirin, Caffeine, and Propoxyphene)
* Wygesic (containing Acetaminophen and Propoxyphene)

If you or a family member has been personally injured because of the fault of someone else: by the use of dangerous and defective drugs, bad products, or toxic injury etc then please contact the Fort Worth Texas Darvon Darvocet Product Liability Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 888-210-9693, 817-900-8439 or Contact Me Online.

Dilantin Toxic Epidermal Necrolysis Syndrome Attorney

November 19, 2010

As a Fort Worth Dilantin Toxic Epidermal Necrolysis Syndrome Attorney, we are providing an update on Toxic Epidermal Necrolysis Syndrome (TENS).

Toxic Epidermal Necrolysis (TEN), is a more severe form of Stevens Johnson Syndrome (SJS) with death and illness rates that are much higher than SJS.

Like SJS, TEN Syndrome are an immune complex-mediated hypersensitivity complex that involves the skin and mucous membranes. There is significant involvement of oral, nasal, eye, vaginal, urethral, GI, and lower respiratory tract mucous membranes.

Toxic Epidermal Necrolysis (TENS) is a very serious, and life threatening disease. In these cases lead to mucosal scarring and loss of function of the involved organ system leaving the patient blind and unable to breathe, eat or speak on their own.

Information and commentary is provided by Dallas and Fort Worth Dilantin Toxic Epidermal Necrolysis Attorney Shezad Malik. The Dr Shezad Malik Law Firm can be reached in Dallas at 888-210-9693 or in Fort Worth at 817-900-8439. If you have questions about Toxic Epidermal Necrolysis or Stevens Johnson Syndrome, please fill out our contact for online for a free consultation.

Stevens Johnson Syndrome and Toxic Epidermal Necrolysis

November 12, 2010

As an internal medicine resident, ER physician and practicing physician, I have encountered and treated some mild cases of Stevens Johnson Syndrome and Toxic Epidermal Necrolysis, TENS, medical conditions.

Now as a Fort Worth Steven Johnson Syndrome and Toxic Epidermal Necrolysis lawyer, we are providing this update.

Dilantin, Depakote, Levaquin and Non Steroidal Anti Inflammatory drugs are among some of the drugs that may cause Stevens-Johnson Syndrome (SJS).

Dilantin and Depakote are anti-epileptic and anti-convulsion drugs which can cause Stevens-Johnson Syndrome.

These drugs – Dilantin, Depakote, Levaquin and Motrin have serious side effects, among them aching, headaches, and fever followed by a red rash and blisters. This could be a sign of Stevens-Johnson Syndrome, a rare but fatal skin disorder. Stevens Johnson Syndrome is a life-threatening skin disease that can cause rashes, skin peeling, and blisters on the body's mucous membranes.

Stevens-Johnson Syndrome (SJS) and Toxic Epidermal Necrolysis (TEN) are two versions of the same disease, distinguished from each other by severity. Both are hypersensitive life-threatening skin reactions.

Information and commentary is provided by Dallas and Fort Worth Steven Johnson Syndrome and Toxic Epidermal Necrolysis lawyer, Shezad Malik. The Dr Shezad Malik Law Firm can be reached in Dallas at 888-210-9693 or in Fort Worth at 817-900-8439. If you have questions about Steven Johnson Syndrome and Toxic Epidermal Necrolysis, please fill out our contact for online for a free consultation.

MDL Panel Hearing For Texas DePuy Hip Replacement Litigation

November 11, 2010

MDL Panel Hearing For Texas DePuy Hip Replacement Litigation

The U.S. Judicial Panel on Multidistrict Litigation (JPML) is meeting on November 18 in Durham, North Carolina.to centralize all federal DePuy ASR recall lawsuits.

The DePuy metal-on-metal hip was recalled after medical data suggested that about one out of every 8 people, if not more, who received the artificial hip may have their DePuy ASR hip fail within five years.

Some plaintiffs are seeking to have the cases consolidated in the U.S. District Court for the District of New Jersey under Judge Susan D. Wigenton, where many of the cases are currently pending.

The DePuy ASR hip failures appear to be linked to a defective design of the acetabular cup, making it prone to problems.

The benefits of a MDL include a reduction in duplicative discovery among thousands of similar cases, avoid conflicting rulings from judges in different districts.

Dallas Depuy Hip Recall Attorney

November 1, 2010

As a Dallas Depuy Hip Recall Attorney, I am fielding many calls from concerned plaintiffs regarding their implanted DePuy ASR Metal on Metal Hip prosthesis.

Many plaintiffs are understandably concerned, about what to do next once they receive a certified letter from their orthopedic doctor, allegedly ghost written by DePuy.

Many folks are asked to get a blood test and are asked to sign over their hip surgery medical records. Patients with the metal hip devices have suffered pain and inflammation from device malfunction, and have endured metallosis when the grinding of metal parts in the hip implants releases cobalt and chromium into their bloodstream.

Folks you are not alone, you need to preserve your legal rights and have your case evaluated by an experienced product liability attorney.

I had one just call today, from a man who is suffering terribly from his 2 year old hip surgery. He had never sued anybody and did not know what to next.

He had received the correspondence from his doctors and a request for a blood test. He was confused and upset because he knows that he will have to undergo another painful hip surgery, and he knows he will have a long road to recovery, pain and suffering and finally may lose his job.

He is the only bread winner in his family and knows if he loses his job, he will have no health insurance to pay for the new hip, which can cost up $150,000.

Chromium and Cobalt Poisoning With DePuy ASR Hips

October 28, 2010

As a Dallas DePuy Recall attorney I am concern about the risks of Cobalt and Chromium poisoning, resulting from the metal on metal grinding of the DePuy ASR Prosthetic Hips.

In August of this year, DePuy Orthopaedics Inc., recalled the ASR metal-on-metal hip replacement system, admitting that about one out of every eight patients who receives the hip implant may experience early hip failure within five years. The actual ratio of defective hips may be as high as one out of five or 20%, or even higher.

Structeral design and manufacturing problems with the DePuy metal-on-metal hip replacement system allow the toxic release of chromium and cobalt to be absorbed into the blood-stream.

Tests have demonstrated that levels of chromium and cobalt can be 100 times higher than normal, and the patients have had soft tissue and muscle inflammation and benign tumors develop, called pseudo-tumors.

Chromium and Cobalt toxicity has been linked to cancer, and other severe medical conditions associated with heavy metal toxicity.

Many individual and 2 class action law suits have been filed, the most recent in Northern District of Ohio Federal Court, on September 30.

In September, a motion was filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML) to consolidate and centralize the DePuy ASR recall litigation. The panel will hear arguments on the motion in early November.

If an MDL is formed, all federal cases filed in different districts throughout the United States will be transferred to one judge for coordinated handling during pretrial litigation.

Tags: Class Action, DePuy, DePuy ASR, Depuy ASR Hip, Hip Implant, Johnson & Johnson, Metal-on-Metal Hip, Product Liability, Texas DePuy Recall.

DePuy Hip ASR And Metallosis

October 26, 2010

As a Fort Worth DePuy Hip Product Liability attorney I took an interesting potential client inquiry. The woman had hip replacement and she has noticed that her hair is falling out in clumps, suggesting toxic metal ion poisoning., which is described below.

DePuy XL ASR Prosthetic Hips are unique, in that they involve metal on metal grinding during a patient's ambulation. While the metal design may have have sounded good in theory, they have turned out horribly bad in clinical practice.

Patients then develop 2 types of problems. The repetitive grinding motion, leads to microscopic wearing down of the articular surfaces and the release of metallic ions, particularly cobalt and chromium, into the tissues surrounding the hip. The metal becomes fatigued and leads to early failure.

Also there is the resultant loosening and dislocation of the device resulting in the need for early hip revision surgery and/or the release of metal debris causing tissue damage.

This absorption of metallic ions in the tissues, leads to an inflammatory reaction, resulting in pain, swelling and immobility. The absorption of metallic ions into the bloodstream leads to cobalt and chromium toxicity. Polyneuropathy is caused by cobalt–chromium metallosis after total hip replacement. Read the article here.

artificial hip joint; biopsy; metal intoxication; polyneuropathy; toxic neuropathy

Continue reading "DePuy Hip ASR And Metallosis" »

Fort Worth Artificial Hip With DePuy ASR Replacement?

October 25, 2010

Today as a Fort Worth DePuy ASR Hip Lawsuit attorney, I took in a case for DePuy ASR product liability lawsuits that we are filing.

Johnson and Johnson acknowledged in August, with the withdrawal from the market their artificial hips, that there are problems with high failure rates, metal on metal grinding and release of metal ions into the joints.

Now class actions lawsuits are being filed across the nation.

Approximately 30,000 DePuy hips have been implanted in the US alone. There is a Fort Worth orthopedic group that has implanted 800, over the past 6 years.

DePuy is paying orthopedic doctors $50 to hand over their patients medical records and grabbing the artificial joints when they get removed. Both of these acts should be resisted at all costs. This is unethical, and you risk the loss of key evidence of a defective product. We are storing our clients DePuy artificial hips in storage bottled containing formalin.

I would encourage all patients who have had a DePuy hip implanted to seek legal advice, and to safeguard their legal rights. If you have one of the DePuy ASR hip systems, you have the potential of a legal claim. Potential recoveries include compensation for your medical bills, lost wages and your pain and suffering.

Continue reading "Fort Worth Artificial Hip With DePuy ASR Replacement?" »

Grapevine Physicians Risk Class Action Lawsuits for Using Mirena IUDs

October 24, 2010

As a Fort Worth Medical Licensing and Doctor defense attorney I have written about the Grapevine Texas Gynecologists who were implanting Canadian bought FDA unapproved IUDs.

Now they are being sued by the Texas Attorney General on violation of the Texas Deceptive Trade Practices Act and Fraud.

Similar cases have been brought in other jurisdictions, and what happened to those physicians is particularly instructive.

Ob/gyn Kelly Dean Shrum, DO, in Pine Bluff, Arkansas was investigated— In June 2009, FDA agents found unapproved Mirena IUDs in Dr. Shrum's office — a discovery that triggered criminal and civil charges.

On October 2009, a federal grand jury indicted Dr. Shrum with drug misbranding, healthcare fraud (for billing the state Medicaid program for unapproved IUDs), and 3 counts of money laundering (for depositing money from an allegedly illegal activity in his bank account). Dr. Shrum faced a maximum penalty of 3 years in prison and a $10,000 fine for misbranding, and a maximum of 10 years in prison and a $250,000 fine for healthcare fraud and for each count of money laundering, according to federal prosecutors.

In addition, former patients have filed a class-action suit against Dr. Shrum in a state court. They allege that by implanting unapproved IUDs in them without their consent, Dr. Shrum is at fault for medical negligence, unjust enrichment, violation of the state's law against deceptive trade practices, and breach of fiduciary duty.

If convicted he would lose his medical license.

Continue reading "Grapevine Physicians Risk Class Action Lawsuits for Using Mirena IUDs" »

Grapevine Gynecology Doctor Speaks Out And Defends Foreign Mirena IUDs

October 23, 2010

As a Dallas Medical License and Doctor Defense attorney, I am providing an update to the story I blogged about yesterday.

In an interview with News 8, Dr. Angela Cope, the clinic stated that they stand by their decision to insert a product they still believe is safe — despite warnings of counterfeits by the FDA and the manufacturer, Bayer Pharmaceuticals.

"There is not any medical difference in a Mirena imported from Canada versus a Mirena that's imported from America," Dr. Cope said.

But now, many women want to know how they can be sure their Mirena IUD is the FDA-approved version.

Read the full story here.

Continue reading "Grapevine Gynecology Doctor Speaks Out And Defends Foreign Mirena IUDs " »

Grapevine Texas Gynecology Clinic Charged With Offering Unauthorized Mirena IUD

October 22, 2010

As a Fort Worth Medical Licensing and Doctor license defense attorney, I read this story with alarm. The Texas Attorney General (OAG) filed lawsuit against a Grapevine Texas women’s health clinic for selling Mirena intrauterine devices (IUDs) that were not approved for sale in the United States.

The lawsuit names Women’s Integrated Healthcare, P.A. and six of its physicians as defendants: Angela L. Cope, M.D.; Barbara Coulter-Smith, D.O.; Katrina E. Allen, M.D.; Courtney Walters, M.D.; Monica E. Lopez, M.D.; and Wendy A. Kendrick, D.O.

Read the lawsuit here.

Read the Office of Attorney General full story here.

In December 2009, the defendants voluntarily stopped selling and administering the unapproved IUDs. The Office of the Attorney General is seeking a court order requiring that the defendants only purchase and sell FDA-approved IUDs, and will impose hefty civil penalties for violations of the Texas Deceptive Trade Practices Act (TDTPA) and the Texas Health and Safety Code.

You can also bet that the Texas Medical Board will weigh in with penalties, license complaints and sanctions.

Continue reading "Grapevine Texas Gynecology Clinic Charged With Offering Unauthorized Mirena IUD" »

Fort Worth Texas Benzene Lawsuit Attorney

October 21, 2010

Not a day goes by when one reads of a story of an accidental oil and gas spillage or leakage into the ground, our water ways or the ocean. The BP Oil Spill is one major example. All over the United States, on a daily basis there are folks who are getting exposed to toxic chemicals.

As a Fort Worth Benzene Lawsuit attorney, my job is to provide to the public education, knowledge and help to help folks who have been exposed to these toxic chemicals. I hope to write a series of blog articles to highlight the various poisons that we are releasing, knowingly or accidentally into our environment.

The first is on Benzene Toxic Exposure.

Benzene is a known carcinogen in humans and causes cancer. Breathing benzene vapors can cause immediate death and chronic exposure to Benzene causes various forms of leukemia, especially Acute Myelogenous Leukemia (AML).

Dr Shezad Malik law firm has expertise in occupational and environmental Benzene exposure litigation.

If you or a loved one have been exposed to Benzene and developed leukemia, you should contact us immediately. You may be entitled to compensation and we can help.

Benzene is a highly flammable colorless liquid, and Benzene occurs naturally in crude oil, gasoline, and a component in many industrial and consumer products.

Benzene is commonly found in: asphalts, charcoal lighter fluid, cigarette lighter fluid, gasoline, glues, kerosene, hydraulic fluids, inks and ink markers, lacquer thinner, rubber cement, solvents, and vinyl thinners among others.

Many industrial workers are at risk for occupational exposure to this carcinogen. These include benzene production (petrochemicals, petroleum refining, and coke/coal chemical manufacturing), tire manufacturing, the printing industry, and storage or transport of benzene and petroleum products containing benzene to name some examples.

Other industrial workers at risk for exposure include those in the rubber industry, pesticides production, solvent production, paint/varnish production, waste management, oil refineries, chemical plants, leather manufacturers, petroleum processing industries, printers, and gas station employees.As you can see from these lists, Benzene is widely used in many industrial processes and frequent occupational exposure can occur.

There have been many instances of Environmental Exposure including Industrial discharge, disposal of products containing benzene, and gasoline leaks from underground storage tanks that have released benzene into our soil and water supplies.

There are Acute (short-term) and Chronic (long-term) side effects to a person being exposed to the chemical. Benzene has been linked to:

* Acute Myelogenous Leukemia (AML)
* Non-Hodgkin’s Lymphoma
* Chronic Lymphocytic Leukemia
* Myelodysplastic Syndrome (MDS)
* Myelofibrosis and Myeloid Metaplasia
* Aplastic Anemia
* Acute Lymphocytic Leukemia (ALL)
* Hairy Cell Leukemia
* Multiple Myeloma
* Thrombocytopenic Purpura
* Chronic Myelogenous Leukemia (CML)
* Hematologic Cancers

The Dr Shezad Malik law firm focuses on the representation of plaintiffs in Benzene lawsuits. We are handling individual and group litigation nationwide and currently accepting new Benzene cases in all 50 states.

Continue reading "Fort Worth Texas Benzene Lawsuit Attorney" »

When Dangerous Drugs Happen to Good People: Drug Product Liability Attorney

October 18, 2010

We are the Fort Worth Texas Fosamax Product Liability Attorney Dr. Shezad Malik.
The FDA found that in some cases two types of drugs that were supposed to be preventing serious medical problems were, in fact, causing them.

Bisphosphonates like Fosamax, Actonel and Boniva, will now have to carry labels saying they can lead to rare fractures of the thigh bone, a discovery that came after another finding that they can cause a rare degeneration of the jawbone called osteonecrosis.

The other is Avandia, a blockbuster drug which was prescribed for diabetics. Diabetics are at high risk because of the disease process, for heart attacks and heart failure. Now the F.D.A. and drug regulators in Europe are restricting Avandia’s use because it appears to increase heart risks, according to research studies. Talk about a double whammy.

In both cases, the respective drug companies continue to deny any liability to the disease processes associated with the usage of their drugs.

Read Article: The New York Times

Continue reading "When Dangerous Drugs Happen to Good People: Drug Product Liability Attorney" »

Medtronic to Pay $268 M to Settle Law Suits Over Defibrillator Wire Defects

October 17, 2010

Medtronic said it is resolving claims that wires connecting implantable Sprint Fidelis defibrillators to patients' hearts were defective. In 2009, the company estimated that at least 13 people may have died because of the problem.

Medtronic said it has agreed to pay $268 million to settle U.S. lawsuits and claims related to its Sprint Fidelis family of defibrillation leads which it recalled three years ago.

The settlement "will provide an average payout of more than $33,000 to patients who have defibrillators with wires that have broken or are considered likely to break." Company officials estimate "that 170,000 people worldwide still have defibrillators with the Sprint Fidelis leads inside them." Read full story Bloomberg News.

Continue reading "Medtronic to Pay $268 M to Settle Law Suits Over Defibrillator Wire Defects" »

Yaz Lawsuit Update: Plaintiff Mini Trials to Start Fall 2011

October 16, 2010

The first Yasmin and Yaz Product Liability Federal lawsuit trials are underway according to the recent MDL Southern District of Illinois Court Order. Our Fort Worth Yaz Injury Lawyer law firm is currently handling many cases in the Federal Yaz MDL which is consolidated in Southern District of Illinois, based in East St Louis.

These Federal MDL product liability cases involve allegations that women who took the oral contraceptive birth control pills suffered serious medical problems. 10% of the injury cases are strokes, 40% are venous thromboembolism (VTE), which include deep vein thrombosis (DVT) and pulmonary embolism (PE) and the remainder are gallbladder injuries.

Bell Weather Trial Case Selection and Process

In Complex Class action or MDL litigation, bell-weather trials allow the parties to evaluate how jurors respond to evidence that will be presented in the upcoming individual litigation.

The Court's order calls for the parties to each choose 25 cases. All of the injury cases will be either gallbladder injuries or VTE. Yaz and Yasmin stroke lawsuits will not be part of the bell-weather trials because of their low percentage of personal injuries.

After case-specific discovery on the 50 chosen cases, the list of cases will be reduced to 24. The parties will select four PE cases, four gallbladder cases and four other VTE lawsuits. Each party will be allowed to veto one of the other side’s cases from each injury group. The Court will then choose one case from each group to serve as the bell-weather trial. The two other cases are backups in the event the first case cannot be tried for some reason.

The Yaz bell-weather trials will begin with a pulmonary embolism lawsuit on September 12, 2011, followed by a gallbladder injury lawsuit that has been set for trial January 9, 2012 and another VTE case that has been set for trial to begin April 2, 2012.

Continue reading "Yaz Lawsuit Update: Plaintiff Mini Trials to Start Fall 2011" »

Dallas Fort Worth Texas DePuy Hip Implant Recall Lawyer

October 15, 2010

Patients who received a DePuy ASR hip replacement made by a unit of Johnson and Johnson, face a high risk of hip failure or other complications due to problems with the design of the metal-on-metal hip implant.

DEPUY ASR LAWSUIT UPDATE: A recall for the hip implant was issued in August 2010, nearly a year-and-a-half after the first lawsuit over DePuy ASR hip problems was filed. The DePuy ASR Hip System is a metal-on-metal hip replacement device. Read the company's information here for patients.

The DePuy ASR hip failure rate at five years is between 12% and 13% (one out of every 8 patients), and may be even higher among women and those who received a device with a smaller head (under 50mm).

DEPUY ASR HIP REPLACEMENT PROBLEMS: According to FDA Adverse Event Reports, more than 400 reports involving DePuy ASR hip problems have been received by the federal regulatory agency since the start of 2008.

The signs of a problem with the DePuy ASR Hip, are loosening of the hip implant, fracture of the bone around the implant, or dislocation of the two parts of the hip implant that move against each other.

Problems with metal-on-metal hip implants like the DePuy ASR have been associated with metal particles that could shed into the body as the hip implants wear down.The metallic debris could damage the tissue and bone surrounding the hip implant, potentially causing a loosening of the hip.

DEPUY ASR RECALL: On August 26, 2010, DePuy Orthopaedics announced the recall of DePuy ASR XL Acetabular Hip System and DePuy ASR Hip Resurfacing System implants, after confirming that they have an unreasonably high failure rate.

DePuy Orthopaedics did not acknowledge until March 2010 that there was a higher-than-expected failure rate with DePuy ASR hip implants, and did not recall DePuy ASR hip replacement implants until August 2010.

Continue reading "Dallas Fort Worth Texas DePuy Hip Implant Recall Lawyer" »

DePuy Hip Replacement Lawsuit - Hip Recall Lawyer

October 13, 2010

As a Fort Worth Texas Depuy Hip Recall law firm, we have begun evaluating and accepting Depuy Hip Product Liability claims for patients nationwide who are affected by the Depuy hip recall. The DePuy ASR hip replacements have been found to fail at a high rate and this results in the patient needing to have the device removed and replaced in a revision surgery.

Our investigation of the DePuy ASR Hip has revealed that the device causes high levels of metal ion release into patients implanted with the device.

Patients who have had a hip replacement since 2003 and are experiencing pain are urged to contact their orthopedic surgeons or the hospital where their hip surgery took place to find out if the DePuy ASR Hip was used in their hip replacement surgery.

DePuy Orthopaedics, made a voluntary recall for their ASR XL Acetabular System which was sold in the U.S. The recall was promted by the discovery that 12-13% of patient's metal-on-metal implants failed within just five years time, prompting a painful revision surgery.

DePuy sent a letter to orthopaedic hip surgeons to alert them of the recall and in addition, they provided an informational packet and medical release form to be passed out to patients.

We at the Dr Shezad Malik Law Firm strongly advise anyone with a DePuy hip to not sign that release. You do not want to give DePuy the right to review at all your confidential medical records and to take possession of the defective implant after revision surgery.

DePuy pays surgeons $50 for each medical release they convince their patients to sign. Depuy will use that medical information against the patient during litigation. The defective hip implant is the most critical piece of evidence that a patient has in their claim

Continue reading "DePuy Hip Replacement Lawsuit - Hip Recall Lawyer" »

Jury Verdict: Pfizer's Wyeth Unit Properly Warned Woman's Doctors On Prempro Risks.

October 12, 2010

As a Fort Worth Defective Drug Product Liability Attorney I am providing this update regarding the status of class actions lawsuits involving Prempro.

According to Bloomberg News, "Pfizer Inc.'s Wyeth unit properly warned a Virginia woman's doctors about the risks of its Prempro menopause drug, the jury ruled in rejecting her claim for damages."

Jurors found that "Georgia Torkie-Tork couldn't show that Wyeth officials downplayed the breast-cancer risks associated with Prempro, a hormone-replacement drug.

The decision was Wyeth's fourth straight victory in a Prempro suit weighed by a jury."

Over "6 million women took Prempro and related menopause drugs to treat symptoms such as hot flashes and mood swings before a 2002 study highlighted their links to cancer."

Dallas DePuy ASR Hip Replacement Attorney

October 12, 2010

DePuy Orthopaedics, Inc.,a unit of Johnson and Johnson, recently announced the recall of its ASR Hip Replacement Systems. It is estimated that there are 93,000 implants worldwide. This recall came about as a result of a higher rate of failure requiring another hip replacement within 5 years.

If you have a DePuy ASR XL Acetabular or DePuy ASR Hip Resurfacing System should receive a letter informing you of the recall. The first step is to consult your doctor.

If you or a family member has been personally injured because of the fault of someone else: by the use of dangerous and defective drugs, bad products, or toxic injury etc then please contact the Dallas Fort Worth DePuy ASR Hip Replacement Product Liability Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 888-210-9693, 817-900-8439 or Contact Me Online.

The Dr. Shezad Malik Law Firm is currently evaluating and accepting Dallas DePuy ASR Hip Replacement lawsuit cases.

You or a loved one may be entitled to financial compensation if problems occurred after a hip surgery using the DePuy hip replacement system. The Dr Shezad Malik Law Firm offers a free DePuy Hip Recall lawsuit review. There are never any legal fees unless you receive compensation.

FDA Recalls Meridia Due To Heart Problems

October 11, 2010

As a Fort Worth Product Liability attorney I read with interest this new FDA Meridia warning and recall.

The F.D.A. has announced a recall of the diet drug Meridia due to its link to increased risk of heart attacks and strokes.

Abbott Laboratories has agreed to voluntarily withdraw its obesity drug Meridia (sibutramine) from the U.S. market because of clinical trial data indicating an increased risk of heart attack and stroke, according to the U.S. Food and Drug Administration.

A recent study showed that people who take Meridia experience a 16 percent increase in the risk of serious heart problems, including non-fatal heart attacks, non-fatal strokes. Read Article: The Washington Post

Continue reading "FDA Recalls Meridia Due To Heart Problems" »

Fort Worth DePuy ASR Class Action Lawsuits

October 10, 2010

As a Fort Worth DePuy ASR class action attorney and law firm, we have been following closely the events surrounding the DePuy artificial hip replacement and the lawsuits that have followed.

The negligent actions by DePuy Orthopaedics have led to multiple DePuy ASR Class Action Lawsuits involving patients from the world. The main negligence allegations are that the company knew about the high failure rate of its hip devices for years before taking action to fix the device or remove it.

On August 19, 2010 the FDA sent a warning letter to the manufacturers of the DePuy ASR Hip Replacement, DePuy Orthopaedics, regarding other orthopedic devices.

Read here the DePuy Recall Guide for patients.

If you or a family member has been personally injured because of the fault of someone else: by the use of dangerous and defective drugs, bad products, or toxic injury etc then please contact the Fort Worth Texas DePuy ASR Hip Replacement Product Liability Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 888-210-9693, 817-900-8439 or Contact Me Online.

The Dr. Shezad Malik Law Firm is currently evaluating and accepting DePuy ASR Hip Replacement cases.

Continue reading "Fort Worth DePuy ASR Class Action Lawsuits " »

Dallas Benzene Leukemia Attorney

October 9, 2010

As a Dallas Benzene Leukemia Attorney I have followed the news surrounding the oil and gas extraction from the Barnett Shale.

The gas companies are releasing untold amounts of Benzene into the atmosphere and polluting the ground water.

Folks, wake up and smell the roses. We have only one Texas and one World. If you crap this up, we have no where to go. Raise your hands those of you who want to live in a sewer.

Benzene is a volatile hydrocarbon, a product from the Petroleum Industry.

Trouble is, Benzene it is a known carcinogen and very toxic. Many blood cancers occur as a result of exposure to this chemical.

Continue reading "Dallas Benzene Leukemia Attorney" »

Southlake Car Wreck Attorney Update

October 3, 2010

As a Southlake car accident and car wreck attorney I frequently provide updates to my readers.
If you are involved in a car accident, car wreck, hit and run, fender bender or any other terms you that may use for a car collision, you should be familiar with the Texas driving rules of the road.

As a Fort Worth Car Wreck attorney, I am involved with many of the similar types of car accident cases as I read about this weekend.

Dallas taxi broadsides SUV, leads to critical injuries of a stranded driver. Read full story here. A taxicab carrying seven passengers broadsided a Buick at a downtown Dallas intersection Saturday morning, sending the SUV crashing into a man as he filled his dead vehicle with gas.

Obviously the taxi cab driver did not keep a proper lookout and went through a busy intersection, causing the accident and causing significant brain trauma to a pedestrian.

In Texas, all drivers have to keep a “proper lookout”and observe the speed, traffic signals/signs and traffic conditions for that particular stretch of road. It is the law in Texas to wear a seat belt and so buckle up. That means that the driver has to pay continuous attention to the road as well as other drivers and failure to observe this could result in a Texas car accident because of negligence.

Every driver in Texas- whether you live in Southlake, or any other area- has a responsibility to be careful when driving. Remember a Texas driver license is a privilege and not an automatic right to use the road.

Information and commentary is provided by Dallas and Fort Worth Car Accident Attorney Shezad Malik. The Dr Shezad Malik Law Firm can be reached in Dallas at http://www.shezadmalik.com/http://www.shezadmalik.com/http://www.shezadmalik.com/http://www.shezadmalik.com/http://www.shezadmalik.com/888-210-9693 or in Fort Worth at 817-900-8439. If you have questions about a car accident, please fill out our contact for online for a free consultation.

The Fort Worth Personal Injury Seige Continues

September 25, 2010

The personal injury sage continues. As a Fort Worth Personal Injury attorney I am writing this blog to hopefully provide insight to my readers, about the law works with its byzantine rules and regulations.

The Law and its practical applications are murky at best and we as lawyers have developed our own rituals and our own special language. Because if we spoke in plain English, then it would not be special anymore.

In my last missive I detailed the week before an actual trial that we were getting ready to do on our slip and fall case. The case got continued. Now we are using this opportunity to continue in our siege of the defendants castle. We continue to press our charge and are unrelenting in our skirmishes.

The defendants strategy in every personal injury case, irrespective of the claim, is to first deny the claim, then to deflect the claim ie somebody elses fault and then finally to delay the case going to trial. They hope with this strategy with wear out the plaintiff and make the cost of litigation prohibitively expensive to continue.

This standard strategy is designed to sap the will of the opponent, to make the risk reward ratio tilt in their favor. This tactic may have traction in some quarters especially in the claim is weak or ill founded, but to us it is like waving a red flag to a bull. We are only spurred on, and I have a natural dislike for bullies, and that is what the defense are; bullies by any other name are still bullies, with their repeated denials and rejections of liability and fault.

In this particular instance, we have been at it for over 3 years. The defense is a stubborn lot, mangy and dogged in their delay tactics. We shall prevail, Justice will triumph in the end and the dark forces crushed.

Ultimately the defendants insurance is going to rein them in especially when they have spent more in defending this case than they could have settled it for. They are consumed by over reaching hubris and a lack of common sense. They will ultimately lose this account.

Dallas Fort Worth Construction Sites Can Lead to Brain and Spinal Cord Injuries

September 2, 2010

According to OSHA, 4,340 workers died on the job in 2009.

"With every one of these fatalities, the lives of a worker's family members were shattered and forever changed. We can't forget that fact."
-Hilda Solis, Secretary of Labor

Poorly Managed Construction Sites Are Dangerous.

Construction site injuries include:

* Falls
* Struck by falling object
* Struck by laterally moving object or equipment
* Impalement or penetrating injury
* Truck or other motor vehicle accident
* Electrocution
* Explosions
* Burns

Continue reading "Dallas Fort Worth Construction Sites Can Lead to Brain and Spinal Cord Injuries" »

We are the Dallas Fort Worth Texas Personal Injury Lawyers

September 2, 2010

I am proud of our work this week. We just settled another car accident injury claim. My client was minding his own business, one night in Dallas. Somebody plowed into him and rear ended him. The folks who hit him were drunk and tried to run. They were caught by an off duty apartment security guard.

Come to find out they were high as a kite and ready to fly.

Luckily for my client he had minor soft tissue injuries, but he had pre-existing neck problems including cervical neck fusion. Obviously we were concerned that he may have had neck injuries. But after medical evaluation he was cleared of major injuries.

We settled for insurance policy limits.

When you need to help after an injury or accident, you need to find the Dallas Fort Worth Texas personal injury lawyers.

We evaluate and accept cases all over Texas including Houston, Dallas, San Antonio car accidents, auto wrongful death cases, mesothelioma, burn injuries, Accutane side effect bowel disease, Paxil birth defects, brain injuries, 18 wheeler, semi truck, tractor trailer accidents, diesel truck or big rig accidents.

If you have been injured in an accident as a result of the negligence of others,
please call 817-900-8439, 888-210-9693 or Contact Me Online.

Fort Worth Zocor Rhabdomyolysis Personal Injury Attorney

September 1, 2010

In March, the FDA warned that Zocor users had an increased risk of rhabdomyolysis when taking the drug at high doses of 80 mg. While all statins carry some risk of the muscle injury, the FDA’s report was the first time a dose-specific connection had been made to a particular drug. Symptoms of rhabdomyolysis from Zocor could include muscle cramps, tenderness, stiffness, pain or spasms. The illness is usually reported in patients over 65 years of age or those who have renal impairment or uncontrolled hypothyroidism.

Zocor (simvastatin) is a synthetic statin developed by Merck & Co., which is now available as a generic. Before patent protections expired in 2005, it was Merck’s best-selling drug and the second best selling cholesterol lowering drug in the world, bringing in $4.3 billion in 2005.

Continue reading "Fort Worth Zocor Rhabdomyolysis Personal Injury Attorney" »

Yaz Birth-Control Pill Offers Cautionary Tale

August 26, 2010

Read new Yaz story which offers caution regarding YAZ side effects.

Click here

Yaz Side Effects and Yaz Replacement Bayer's Natazia

August 24, 2010

Bayer HealthCare, the leading maker of birth control pills, is coming out with a brand new pill.

Natazia, as it's called, contains a form of estrogen that's never been used in an oral contraceptive. It also has a novel dosing regimen. Women on Natazia will take four different combinations and doses of hormones or sugar pills each month.

The new launch coincides with growing problems for Bayer's last new contraceptive, Yaz.

Read full article here.

Continue reading "Yaz Side Effects and Yaz Replacement Bayer's Natazia" »

Texas Medical Update: Stevens Johnson Syndrome

August 14, 2010

Stevens Johnson Syndrome (SJS) is an extremely rare disorder characterized by a severe skin reaction to medication

Stevens Johnson Syndrome (SJS) is a rare but serious and potentially life-threatening condition. SJS is defined as a hypersensitivity disorder affecting the skin and mucous membranes.

The most severe form of Stevens Johnson Syndrome is Toxic Epidermal Necrolysis (TENS).

It can be caused by adverse effects of drugs (allopurinol, diclofenac, etravirine, Isotretinoin, aka Accutane, fluconazole, valdecoxib, sitagliptin, oseltamivir, penicillins, barbiturates, sulfonamides, phenytoin, azithromycin, oxcarbazepine, zonisamide, modafinil, lamotrigine, nevirapine, pyrimethamine, ibuprofen, ethosuximide, carbamazepine, nystatin, and gout medications).

Medications that have traditionally been known to lead to SJS, erythema multiforme and toxic epidermal necrolysis include sulfonamides (antibiotics), penicillins (antibiotics), barbiturates (sedatives), lamotrigine and phenytoin (e.g. Dilantin) (anticonvulsants). Combining lamotrigine with sodium valproate increases the risk of SJS.

Read more here at Wikipedia

Continue reading "Texas Medical Update: Stevens Johnson Syndrome" »

AstraZeneca Settles 17,500 Seroquel Lawsuits for $198M.

August 9, 2010

Bloomberg News (8/9, Feeley, Kelley) reports, "AstraZeneca Plc will pay about $198 million to settle 17,500 lawsuits, or about two-thirds of the total, alleging its antipsychotic drug Seroquel causes diabetes in some users."

AstraZeneca "previously agreed to pay at least $55 million to resolve more than 5,500 cases alleging the company knew Seroquel could cause diabetes and failed to adequately warn patients, people familiar with those settlements said.

The consolidated Seroquel case is In re Seroquel Products Litigation, 06-MD-01769, U.S. District Court, Middle District of Florida (Orlando).

Continue reading "AstraZeneca Settles 17,500 Seroquel Lawsuits for $198M." »

Yaz Texas Update: Bayer’s Yaz Birth Control Lawsuits Now at 2,000

August 8, 2010

Bayer drug companies have produced more than 10 million pages of documents to women suing over oral contraceptives Yasmin and Yaz.

U.S. District Judge David Herndon, is handling about 2,000 Yasmin and Yaz suits from around the nation, and he has posted an order on July 9, reminding plaintiffs of their obligation to provide name, social security number, basic facts of their claims, and authority to release medical records.

Bayer had moved a day earlier to dismiss claims of 11 plaintiffs in six suits, for lack of fact sheets.

Read full story here.

Continue reading "Yaz Texas Update: Bayer’s Yaz Birth Control Lawsuits Now at 2,000" »

ACCUTANE STEVENS-JOHNSON SYNDROME

August 8, 2010

ACCUTANE STEVENS-JOHNSON SYNDROME: In February 2010, Health Canada reported that it had received reports of severe skin reactions, including sometimes fatal reaction known as Stevens-Johnson Syndrome from Accutane.

At least 66 reports of Accutane skin reactions were identified by Health Canada, including adults and children, with two of the cases resulting in death.

Stevens-Johnson syndrome (SJS) is a severe skin reaction that occurs as a side effect of several medications.

When the skin lesions affect more than 30% of the body, the condition is referred to as Toxic Epidermal Necrolysis (TEN).

Continue reading "ACCUTANE STEVENS-JOHNSON SYNDROME" »

Yaz Lawsuits Moving Forward in New Jersey State Court

August 8, 2010

The number of Yaz, Yasmin and Ocella lawsuits that are part of a mass tort docket in New Jersey has increased significantly since the product liability cases were consolidated in February.

The number of Yaz lawsuits, Yasmin lawsuits and Ocella lawsuits centralized in Bergen County Superior Court has gone from 39 to about 400, according to court documents.

The New Jersey Yaz litigation was consolidated because of concerns about court filings, since New Jersey is the corporate headquarters in the United States for Bayer Healthcare Pharmaceuticals, Inc., which manufacturers the birth control pills.

Continue reading "Yaz Lawsuits Moving Forward in New Jersey State Court" »

Roche Holding AG Wins Reversal of Accutane Verdict.

August 6, 2010

"Roche Holding AG won reversal of a $10.5 million verdict over its Accutane [isotretinoin] acne drug because a judge improperly barred the company from using evidence about the medication's use," according to an appeals court ruling made in Kendall v. Hoffmann LaRoche Inc., ATL- L-8213-05, New Jersey Superior Court, Atlantic County (Atlantic City).

"Roche's lawyers should have been able to use data about how many acne sufferers had used Accutane over the years throughout Kamie Kendall's 2008 trial of her lawsuit over the drug, the New Jersey Superior Court Appellate Division ruled," prompting "a judge in Atlantic City, New Jersey, to delay the trial of an actor's suit alleging the medication causes inflammatory bowel disease."

Bloomberg News (8/6, Feeley) reports

Continue reading "Roche Holding AG Wins Reversal of Accutane Verdict." »

AstraZeneca Will Keep Seroquel Settlement Terms Confidential

August 5, 2010

AstraZeneca Plc, which settled almost 4,000 product-liability cases this month involving its antipsychotic drug Seroquel through mediation, said it will keep terms of the agreements confidential.

The company, said it was defending more than 10,000 cases involving 22,500 plaintiff groups. Some of the cases were previously dismissed because plaintiffs lacked sufficient evidence to support allegations that Seroquel causes diabetes.

The company, said in the July 29 filing that by March, it had spent about $688 million defending Seroquel-related cases.

AstraZeneca agreed earlier to pay $2 million to settle more than 200 Seroquel cases, averaging about $10,000 each. Those settlements were part of the same federal-court-ordered mediation.

The consolidated Seroquel case is In re Seroquel Products Litigation, 06-MD-01769, U.S. District Court, Middle District of Florida (Orlando).

Read the full Bloomberg story here.

Merck Pays Claims to Families of 3,468 Vioxx Users

July 31, 2010

Bloomberg News (7/28, Voreacos, Johnson) reports "Merck & Co. paid claims to the families of 3,468 users of its Vioxx painkiller who died of heart attacks or strokes," a court-appointed administrator told a judge Tuesday.

"A $4.85 billion settlement fund made payments to the families of 2,878 Vioxx users who died of heart attacks and 590 who died of strokes," according to Lynn Greer of BrownGreer LLP, a law firm in Richmond, Virginia, that analyzed 59,365 claims. Merck "pulled Vioxx from the market in 2004 after a study showed it doubled the risk of heart attacks and strokes."

Continue reading "Merck Pays Claims to Families of 3,468 Vioxx Users" »

Avastin Does Not Benefit Breast Cancer Patients

July 27, 2010

A committee within the F.D.A. has advised the agency to denounce its marketing approval of the popular cancer drug Avastin for treating breast cancer because "new trials showed no apparent benefit from the drug."

The committee found that new trials of the drug, which is combined with the breast cancer drug paclitaxel to treat metastatic breast cancer, actually showed that survival rates decreased slightly for women due to complications from the drugs.

If the F.D.A. decides to follow the committee recommendation, it would not affect marketing of the drug for brain, lung, colon and kidney cancer. Thomas H. Maugh II, LA Times 07/21/2010
Read Article: LA Times

Continue reading "Avastin Does Not Benefit Breast Cancer Patients" »

Rhabdomyolysis After Taking Zocor 80mg

July 22, 2010

The Dr Shezad Malik Law Firm is currently investigating claims on behalf of patients suffering from rhabdomyolysis, a serious Zocor side effect that has been linked to the 80mg dose of this cholesterol-lowering drug.

In March 2010, the Food & Drug Administration released a warning that highlighted the risk of rhabdomyolysis in patients taking Zocor 80mg.

Rhabdomyolysis is a medical condition that affects the muscles, in serious cases, this can lead to kidney damage, kidney failure requiring dialysis, and even death.

Read Mayo Clinic article on statin induced Rhabdomyolysis.

Continue reading "Rhabdomyolysis After Taking Zocor 80mg" »

Glaxo Said to Have Paid $1 Billion Over Paxil Suits

July 21, 2010

GlaxoSmithKline Plc has agreed to pay more than $1 billion to resolve more than 800 cases alleging its Paxil antidepressant caused birth defects in some users’ children, according to people familiar with the settlements.

The settlements, which provide an average payout of more than $1.2 million to families of affected children, leave more than 100 birth-defect cases pending, the people said. Officials of Glaxo, the U.K.’s biggest drugmaker, said July 15 they set aside $2.4 billion to resolve litigation over Paxil and its Avandia diabetes drug.

Read full Bloomberg story here.

Continue reading "Glaxo Said to Have Paid $1 Billion Over Paxil Suits" »

Court Files Indicate Settlement in Paxil Lawsuit

July 20, 2010

A settlement has been reached in a lawsuit filed against a pharmaceutical company by a Watertown woman who linked her prescribed use of Paxil to the death of her infant son, according to court files.

Jennifer Berg of Watertown sued SmithKline Beecham, doing business as GlaxoSmithKline, in October 2007. The complaint said Nathan Berg died in 2004 because of a heart disorder caused by her use of the antidepressant Paxil while she was pregnant. WAYNE ORTMAN, AP , The Washington Post 07/20/2010

Read Article: The Washington Post

Continue reading "Court Files Indicate Settlement in Paxil Lawsuit" »

Paxil Birth Defect Dallas Attorney Update

July 20, 2010

In 2005, the Food and Drug Administration (FDA) warned doctors about a study showing that babies born to women who took Paxil during the first trimester of pregnancy had a higher rate of major birth defects. The study, which involved 3,500 pregnant women, showed that those on Paxil were twice as likely to have a child with defects than women on other antidepressants.

The FDA put out a statement warning that "[h]ealthcare professionals are advised to carefully weigh the potential risks and benefits of using [Paxil] in women during pregnancy and to discuss these findings as well as treatment alternatives with their patients."

At least 600 cases have been filed alleging that Paxil is responsible for congenital birth defects. GSK has also paid approximately $1 billion in settlements of Paxil-related cases not involving birth defects.

Read full story here.

Continue reading "Paxil Birth Defect Dallas Attorney Update" »

Doctors Say It's Already Over For Diabetes Drug Avandia

July 19, 2010

In treating diabetes, it might not matter much whether the Food and Drug Administration halts sales of the drug Avandia.

An FDA committee of outside experts met last week to provide advice on whether any regulatory action — from stronger warnings to removal — is needed. The FDA has the final say on the committee's recommendations and could decide within weeks.

Doctors already have given their verdict. Avandia prescriptions have plummeted since a study in The New England Journal of Medicine in May 2007 raised concerns about whether the drug increased heart attack risk.

Rule the full story here.

Continue reading "Doctors Say It's Already Over For Diabetes Drug Avandia" »

Dallas Texas Update: Pain Pumps & Arthoscopic Shoulder Surgery Risks

July 18, 2010

Patients undergoing arthroscopic shoulder surgery have received pain pumps to assist in their recovery. Now a new study suggests these pumps may deliver too much medicine, destroying cartilage and leading to a condition known as Postarthroscopic Glenohumeral Chondrolysis.

A study by The American Journal of Sports Medicine identified intra-articular pain pumps as the likely cause of Postarthroscopic Glenohumeral Chondrolysis (PAGCL).

PAGCL only occurs in patients who received a shoulder pain pump filled with bupivacaine and epinephrine during their surgery.

Numerous lawsuits are pending against the companies that manufacture, market or distribute the pain pumps, including Stryker, DJO Inc., I-Flow Inc., BREG Inc. and others.

Continue reading "Dallas Texas Update: Pain Pumps & Arthoscopic Shoulder Surgery Risks" »

GSK to Take Charge of $2.36B Related to Paxil, Avandia.

July 18, 2010

The New York Times (7/16, B2, Jolly, Harris) reports that UK pharmaceutical maker GlaxoSmithKline announced on July 15 that "it would take a second-quarter charge of $2.36 billion related to legal cases involving its drugs Avandia [rosiglitazone] and Paxil [paroxetine]."

This announcement comes one "day after an American medical advisory panel recommended that Avandia, a controversial diabetes drug, should either be withdrawn from the market or be severely restricted in its sales because it increases the risks of heart attacks." According to GSK, "the charge announced Thursday, which will amount to about $2.1 billion after taxes, 'includes provisioning for settled cases and an estimate for those cases which we have received and are still outstanding.'"

Read the full story here.

Continue reading "GSK to Take Charge of $2.36B Related to Paxil, Avandia." »

FDA: Avandia To Be Restricted

July 17, 2010

An FDA panel has made a recommendation to the agency that the controversial diabetes drug Avandia should either be taken off the market or its sales should be severely restricted.

Avandia and its maker, GlaxoSmithKline, have recently come under fire for trial results that reveal that patients taking Avandia are at an increased risk for heart attacks.

A majority of the committee decided that if Glaxo wants to keep Avandia on the market, it must complete another clinical trial to prove it is safe.

FDA officials said they will consider the recommendations of the committee and make an official decision as soon as possible. Gardiner Harris, The New York Times 07/14/2010
Read Article: The New York Times

Continue reading "FDA: Avandia To Be Restricted" »

NYTimes says patients should seek Avandia alternatives.

July 12, 2010

The New York Times (7/5) editorialized that the recent controversy over the diabetes drug Avandia -- with "two major studies" saying it "raises the risk of cardiovascular ailments" and the third yet-to-be-published study that "seemed to exonerate" the drug -- should probably lead patients to ask their doctors about alternatives.

The paper said that as expert advisers to the Food and Drug Administration work to deliver a more definitive judgment, it would throw its lot with the views of safety specialists, who focus solely on risks emerging after the drug is in use, rather than the opinions of those "who approved the drug as safe and effective in the first place."

Read the full story here at the New York Times.

Continue reading "NYTimes says patients should seek Avandia alternatives." »

Avastin Causes Significant Kidney Damage in Some Patients.

July 8, 2010

The Los Angeles Times (7/1, Rick) reports that Avastin (bevacizumab) "can cause significant kidney damage in some patients," according to a new study.

Researchers, "reporting in this month's issue of the Journal of the American Society of Nephrology...wrote that patients on Avastin were at increased risk of severe protein loss from the kidneys, which can lead to permanent damage." Altogether, "patients on Avastin were at a fourfold risk for protein loss and kidney damage, depending on dosage and the type of cancer."

Kidney problems are the second serious condition linked to the cancer drug. Last year it was found that some patients on Avastin were at elevated risk of intestinal perforations.

Continue reading "Avastin Causes Significant Kidney Damage in Some Patients." »

Dallas CBS 11: North Texas Yaz Yasmin Lawsuits

July 7, 2010

We were recently featured on Dallas CBS Channel 11 evening news.

Please click here to read the interview and watch the video link.

Our client suffered massive brain damage following the use of Yaz.

Continue reading "Dallas CBS 11: North Texas Yaz Yasmin Lawsuits" »

Update: 2 Studies Suggest Avandia Increases Risk of Heart Problems.

June 30, 2010

ABC World News (6/28, story 7, 2:20, Sawyer) reported, "Two major studies have found the medicine called Avandia [rosiglitazone] could create a significant new risk of heart attack and other serious problems."

The Washington Post (6/29, Stein) reports that one study, "involving more than 35,500 people, found that Avandia significantly raises the chances of a heart attack." A separate study "of more than 227,500 Medicare patients -- the largest such study to date -- found that the drug boosts the risk for strokes, heart failure, and death."

Los Angeles Times (6/29, Roan) reports that the first study "found Avandia raised the risk of heart attacks by 28% to 39% as compared with other diabetes medications. The study was published online in the Archives of Internal Medicine."

Bloomberg News (6/29, Cortez) quotes Steven Nissen, MD, lead author of the study, as saying, "I think we've got more than enough evidence to say this drug should not be used."

USA Today (6/29, Marcus) reports that in the second study, published in the Journal of the American Medical Association, "scientists from the Center for Drug Evaluation and Research at the Food and Drug Administration evaluated data from 227,571 Medicare beneficiaries taking either Avandia or Actos [pioglitazone hydrochloride]." The investigators found "no differences in the risk for heart attack between the two drugs, but the study found that compared with Actos, Avandia was associated with a 25% increased risk of heart failure, a 27% increased risk of stroke and a 14% increased risk of death."

Lawmakers call for Avandia to be pulled from market. The Hill (6/28, Pecquet) "Healthwatch" blog reported that "Sen. Chuck Grassley (R-Iowa) and Rep. Rosa DeLauro (D-Conn.) on Monday called for the diabetes drug Avandia to be pulled from the market in the wake of two new medical studies." In a joint statement, Sen. Grassley said, "The serious issues delineated in these two new, independent reports put additional onus on advisory committee members when they meet in July."

Bloomberg News (6/29, Peterson, Cortez) reports that "Grassley and Senator Max Baucus, a Montana Democrat, in February released a report that said Glaxo knew Avandia may cause heart damage several years before" a "study documented the risk."

Continue reading "Update: 2 Studies Suggest Avandia Increases Risk of Heart Problems." »

Bad News Continues for Avandia Diabetes Drug

June 29, 2010

The diabetes drug Avandia, once the world's top-selling diabetes medication, took two more hits with one new study linking it to an increased risk of heart attacks and a separate study linking it to an increased risk of heart failure and stroke.

The research comes only weeks before an upcoming federal hearing to reconsider its fate. Shari Roan, LA Times 06/29/2010

The drug, known by its generic name, rosiglitazone, was approved in 1999 to help people with Type 2 diabetes control their blood sugar. At the time, it was considered a safer alternative than existing diabetes drugs used instead of insulin. Soon after approval, the drug was linked to an increased risk of heart failure and bone fractures; worries about the drug's safety increased in 2007 when a meta-analysis — a pooling of previous studies — concluded that the drug increased the risk of heart attack.

Read Article: LA Times

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Pfizer Faces Over 200 Lawsuits Over Prempro Menopause Drug.

June 27, 2010

Bloomberg News (6/18, Feeley) reported, "Pfizer Inc. faces a Texas trial over its hormone-replacement drugs after a court overseeing lawsuits over the medicines sent 200 cases back to their home courts."

At issue in the suit is whether "the Prempro [conjugated estrogens and medroxyprogesterone] menopause drug helped cause" the plaintiff's breast cancer.

Over "8,000 lawsuits over the medicine consolidated in federal court in Arkansas" will be "returned for trial." Still, "Pfizer...has won dismissals of more than 3,000 cases at either the pretrial stage or after the cases have been set for trials."

Read full story here.

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Jury Finds for FL Couple in Chinese Drywall Suit

June 26, 2010

A Florida couple who fled their dream home because of foul-smelling, ruinous Chinese drywall was awarded $2.4 million in damages in the nation's first jury trial over the defective wallboard that could have legal ramifications for thousands of similar cases.

The defendant, drywall distributor Banner Supply, is named in thousands of other lawsuits. Associated Press, The Washington Post 06/21/2010

Read Article: The Washington Post

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Merck Loses $8 M Verdict in Trial Over Fosamax

June 25, 2010

Merck & Co. lost the second trial to reach a verdict over claims its osteoporosis drug Fosamax causes so-called jaw death. The jury set damages at $8 million.

A jury in New York ruled against Merck today in the case of Shirley Boles, 72, of Fort Walton Beach, Florida. Boles claimed she developed osteonecrosis of the jaw, or ONJ, from taking Fosamax. The first Fosamax case resulted in a Merck victory in May.

Recently a link has been found between bisphosphonates and a serious bone disease called osteonecrosis of the jaw (ONJ aka. Dead Jaw). This important discovery clearly shows that Fosamax side effects may include osteonecrosis of the jaw, aka, dead jaw or jaw death as well as osteomyelitis of the jaw. Fosamax has also been linked to low energy femur fractures (thigh bone fractures).

The case is Boles v. Merck & Co., 06-cv-09455, and the lawsuits are combined in In Re Fosamax Products Liability Litigation, MDL 1789, U.S. District Court, Southern District of New York (Manhattan).

Read full Bloomberg story here.

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Settlement Reached in PA Guardrail Crash

June 25, 2010

Camden County, Penn., has agreed to a $15 million settlement with a man who lost his leg and part of his arm when his car crashed into a guardrail and the railing snapped off, cutting through the vehicle.

In 2004, Nicholas Anderson was driving on Raritan Road when he was forced off the road by an oncoming car.

The lawsuit claims that the guardrail was improperly designed and should have absorbed the impact of Anderson's vehicle instead of snapping off.

Properly designed guardrails were later installed throughout the county. Barbara Boyer , Philadelphia Inquirer 06/18/2010

Read Article: Philadelphia Inquirer

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GlaxoSmithKline Settles Nearly 200 Paxil Lawsuits.

June 23, 2010

The Legal Intelligencer (6/23, Elliott-Engel) reports, "Drugmaker GlaxoSmithKline has agreed to settle almost 200 cases in which plaintiffs allege the use of the antidepressant Paxil caused birth defects."

GSK "decided to settle Kilker v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline along with another 190 cases, according to an order signed by Philadelphia Common Pleas Judge Sandra Mazer Moss last week." Jamie Sheller, "local plaintiffs liaison counsel for the Paxil pregnancy mass tort program," estimated "that up to another 100 cases, including cases that have not yet been filed, have settled."

Read the full story here.

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Doctor Desai Indicted in Nevada Hepatitis Outbreak.

June 17, 2010

The AP (6/4) reported, "A former physician-owner and two former employees at a Las Vegas-area colonoscopy clinic were indicted on 28 felony charges, including racketeering, negligence and insurance fraud stemming from a 2008 hepatitis C outbreak.

A judge in Las Vegas issued arrest warrants for physician Dipak Desai and former Endoscopy Center of Southern Nevada anesthetists Ronald Ernest Lakeman and Keith Mathahs on charges resulting from allegations they misused syringes and clinic instruments to transmit the incurable liver disease to seven patients."

Read the full story here.

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Toyota Sudden-Acceleration Suits to be Coordinated in Los Angeles.

June 15, 2010

The National Law Journal (6/11, Bronstad) reports, "Dozens of sudden-acceleration lawsuits filed against Toyota Motor Corp. in California's state courts will be coordinated in Los Angeles.

California Chief Justice Ronald George issued an order to that effect on Tuesday, following a hearing on May 21 when Los Angeles County, Calif., Superior Court Judge Carl West coordinated at least 21 lawsuits into a single proceeding."

Read the full story here.

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Study by FDA Links Avandia to Increased Heart Risks.

June 13, 2010

The Wall Street Journal (6/11, B4, Whalen, Mundy) reports that David Graham, an FDA drug-safety official argues in a new study that the diabetes drug Avandia (rosiglitazone) may have led to thousands of heart problems that could have been prevented if patients had been using a different medication.

The agency is already scheduled next month to evaluate the Avandia's safety. Graham, along with other experts, has said that drug should be removed from the market.

Read the full story here.

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J&J Blocking Investigations Into Children's Medicine Recall

June 12, 2010

Federal officials investigating Johnson & Johnson over the massive recall of children's medicine earlier this year have said that the drug maker is stalling their investigation.

New York Rep. Edolphus Towns said that J&J has provided the Congressional committee false information and is being much less cooperative than other companies facing similar investigations.

Towns cited several actions by J&J to downplay the recall and hide the medicine defects, calling them disturbing trends within the company. Investigators say that if J&J continues to show a lack of cooperation, more severe actions, such as the issuing of subpoenas and criminal charges, could come next.

Natasha Singer, The New York Times 06/10/2010
Read Article: The New York Times

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FDA Recalls Faulty Automated External Defibrillator Batteries

June 10, 2010

More than 5,400 battery packs used in some automated external defibrillators have been recalled due to a defect.

The recalled was issued by the FDA because the batteries had the potential to falsely detect an error condition during charging for a shock and then cancel the charge.

The batteries were used in defibrillators manufactured by Defibtech LLC. and were distributed worldwide to fire departments, emergency medical service units, health clubs, schools and other organizations. Staff Report, United Press International 06/09/2010

Read Article: United Press International

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Florida Drywall Suit Granted Class-Action Status

June 2, 2010

A Miami judge approved a lawsuit for class-action status over the issue of tainted drywall imported from China.

The lawsuit will represent 152 families and was filed against homebuilder South Kendall Construction Corp., Palm Isles Holdings, Keys Gate Realty and Banner Supply.

The lawsuit alleges that some of the drywall installed in Florida homes releases large amounts of hydrogen sulfide, which corrodes metal.

The suit also claims the contaminated drywall causes breathing problems and nosebleeds. Nirvi Shah, Miami Herald 05/28/2010
Read Article: Miami Herald

McNeil Consumer Healthcare Accused of Hiding Motrin Recall

May 31, 2010

The company at the center of a massive recall of children's Tylenol and other popular over-the-counter products tried to perform a "phantom recall" of defective Motrin by sending contractors around the country to buy up the medicine from stores without alerting regulators or the public.

When faced last year with Motrin IB caplets that were not dissolving properly, McNeil Consumer Healthcare, a division of Johnson and Johnson, hired contractors to buy the products under orders not to mention the term "recall."

After the Food and Drug Administration discovered the effort -- because one of the contractors accidentally dropped an instruction sheet on the floor of a store -- McNeil announced a recall of roughly 88,000 packages of the product.

Read the full story here at the Washington Post.

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Dallas Texas Accutane Lawsuit Update

May 30, 2010

Plaintiff Andrew McCarrell was awarded $25.16 M in damages in his lawsuit against Roche Holding AG, maker of Accutane. McCarrell alleged in his lawsuit that his use of Accutane resulted in inflammatory bowel disease. McCarrell underwent five surgeries, including one to remove his colon.

According to Bloomberg on 2/16/10, McCarrell initially was awarded $2.62 M in his lawsuit, but that award was overturned and a new trial was ordered.

Accutane was introduced to the market in 1982 with a list of serious side effects including birth defects and depression. More than 13 million people reportedly used Accutane before Roche removed it from the market in June 2009, citing the cost of personal injury lawsuits.

May 22, 2010. By Heidi Turner Read full story here Lawyers and Settlements

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Toyota Lawsuits in California Might Be Coordinated

May 29, 2010

Lawsuits in California state court against Toyota Motor Corp. related to sudden acceleration of its vehicles should be coordinated so they can be handled more efficiently, a judge said.

Judge West said he will recommend to the California Supreme Court’s chief justice that the cases be coordinated in either Los Angeles or Orange County. He also said he would recommend that the personal injury cases either proceed as a separate group before the same judge or in one group on separate tracks with the class-action lawsuits alleging economic loss.

Toyota, the world’s largest automaker, faces at least 228 federal and 99 state lawsuits including proposed class actions over economic loss and claims of personal injuries or deaths allegedly caused by sudden-acceleration incidents. The federal lawsuits were combined April 9, before U.S. District Judge James V. Selna in Santa Ana, California.

Read the full Bloomberg story here.

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For Asbestos-Ravaged Town, Questions Persist

May 28, 2010

Health workers tracking Libby's plight estimate at least 400 people have died of asbestos-related illnesses — from W.R. Grace mine workers and family members who breathed in the dust they brought home in their clothes, to those who played as kids in waste piles dumped by the company behind the community baseball field.

Some 1,500 locals and others who were exposed have chest X-rays revealing the faint, cloudy shadows of asbestos scarring on their lungs. Even though research long showed cause for concern — up to 70 percent of miners in a 1980s study had fibers in their lungs — it took news reports about the deaths to drive officials to action, beginning a decade ago.

After the cleanup began, the U.S. Environmental Protection Agency confidently predicted it would be done in two years at a cost of $5.8 million. Ten years on, the price tag has exceeded $333 million, the deaths continue, and more asbestos keeps showing up — in schools, in businesses, in hundreds of houses.

The scope of contamination has at times overwhelmed environmental regulators, dragging out the cleanup, an Associated Press review of hundreds of pages of government documents and interviews with current and former agency officials revealed.

Matthew Brown, Associated Press, Yahoo News 05/25/2010

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Actor Dennis Quaid Files Suit Over Heparin Drug Mix Up

May 27, 2010

Actor Dennis Quaid has filed a lawsuit against drug maker Baxter Healthcare Corp. over two easily confused drugs that, when mixed up, almost killed his twin infants.

The lawsuit claims that the blood thinner Heparin and a less potent drug, Hep-lock, have such similar labels that the two are easily confused. In late 2007, Quaid's twins were given an almost fatal dose of Heparin instead of Hep-lock at a local hospital. The lawsuit also states that the company should have recalled the Heparin because they knew that similar incidents had occurred before.

Staff and Wire Reports, Contra Costa Times 05/25/2010
Read Article: Contra Costa Times


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First Bellweather NuvaRing Lawsuit Trials in the Federal Multidistrict Litigation (MDL)

May 20, 2010

A federal judge has issued a scheduling order for the first bellweather NuvaRing lawsuit trials in the federal Multidistrict Litigation (MDL), which involve claims filed by women who allege that side effects of the birth control ring caused them to suffer serious and potentially life-threatening blood clots.

All fact discovery for NuvaRing cases assigned to the “Phase I Trial Pool” must be completed by December 17, 2010. The judge overseeing the MDL also set a deadline of January 3, 2011, for all parties to propose expert discovery schedules in the lawsuits, suggesting that the first NuvaRing trial is unlikely to reach a jury before late 2011 or early 2012.

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Accutane Lawsuit Settled on eve of Trial

May 14, 2010

A man who claimed that he developed severe bowel problems from Accutane, an acne medication, has reached a pre-trial settlement with Roche Laboratories, the drug’s manufacturer.

Roche has asked Madison County Circuit Judge to approve the Accutane settlement, according to a report in The Madison Record.

The plaintiff, Peipert alleges that Dr. Daniel Goran prescribed him Accutane to treat his acne, and that the drug caused him to develop the debilitating condition, inflammatory bowel disease (IBD). The case was set to go to trial on April 19, but start of the trial was delayed due the potential settlement with Accutane manufacturers.

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Yaz Yasmin Birth Control Claims

May 14, 2010

Popular birth control pills taken by millions of women might be causing serious side effects, that in some cases have led to death. That's the claim of a growing number of lawsuits.

Yaz and its sister drug Yasmin are big sellers marketed to women under 35. Hormones in all birth control pills can cause blood to thicken, but there are more than 1,000 lawsuits saying Yaz and Yasmin cause more blood clots than others.

Read the full story here

Accutane Side Effects Quadruple Risk of Ulcerative Colitis

May 1, 2010

The results of a new study found that the side effects of Accutane, an acne drug that is also known as generic isotretinoin, increases the risk of developing inflammatory bowel problems.

The study, conducted by the University of North Carolina Chapel Hill, was published March 30 in the American Journal of Gastroenterology. Researchers say they found that the use of Accutane increased the risk of developing ulcerative colitis by a factor of four.

Researchers looked at data from 87 health insurance plans and found nearly 8,200 people who had been diagnosed with inflammatory bowel disease (IBD), that includes ulcerative colitis and Crohn’s disease.

Researchers found that those taking Accutane were four times more likely to develop ulcerative colitis, and they also determined that the chance of developing the bowel disorder increased in relation to the Accutane dosage, strengthening the evidence of a causal relationship.

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1,100 Yaz and Yasmin Lawsuits Filed and New Versions of Yaz and Yasmin Birth Control

April 30, 2010

Bayer recently released its Annual Report for 2009. The report is 274 pages long. Here are the highlights:

* By Bayer's count, as of February 15, 2010, about 1,100 lawsuits were filed against it by women injured by Yaz or Yasmin.

* Yaz and Yasmin are Bayer’s best-selling pharmaceutical products for at least the second year in a row.

Continue reading "1,100 Yaz and Yasmin Lawsuits Filed and New Versions of Yaz and Yasmin Birth Control " »

Dallas Accutane Lawsuits Update

April 29, 2010

Accutane® (isotretinoin or roaccutane) is considered by many dermatologists to be the strongest, most effective weapon against persistent, severe acne.

It is a derivative of Vitamin A, and the drug works by reducing the skin's production of oil.

A current Black Box warning on Accutane cautions consumers about its potential to harm unborn children. Additional serious side effects associated with Accutane use include depression, colitis, and liver disease. Roche Pharmaceuticals, the manufacturer of Accutane, has been named in thousands of lawsuits filed by patients who experienced severe side effects or whose loved ones experienced adverse reactions following Accutane use.

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Texas NuvaRing Blood Clot Lawsuits Filed Over DVT and Pulmonary Embolism

April 26, 2010

Three women from Texas have filed Nuvaring blood clot lawsuits against Organon and Merck & Co., the drug makers, alleging that the popular birth control ring caused them to suffer from a deep vein thrombosis (DVT), pulmonary embolism and other injuries.

The Nuvaring lawsuits were filed on March 26 in the Marshall division of the Eastern District of Texas by Stephanie Huckabee, Amber Dawn Morgan and Christina Renee Pritchard. The women allege that the manufacturers failed to warn consumers about the risk of blood clots from side effects of NuvaRing.

Read full story here.

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Jury Awards $15M Asbestos Verdict : Dallas Texas Mesothelioma Attorney

April 25, 2010

A Mississippi jury has awarded $15 million to a 71 year-old oil industry worker who developed asbestosis after years of handling bags of product containing 99 percent asbestos.

Plaintiff Troy Lofton, who testified at trial with tubes in his nose and ears and holding an oxygen bottle that assists his breathing 24 hours a day, alleged that ConocoPhillips manufactured a dangerous product while knowing of its dangers.

The case is only the third to go to trial of over 700 pending cases involving oilfield workers who developed lung cancer, asbestosis or mesothelioma after handling products made by ConocoPhillips or its subsidiaries.

Among the evidence at trial was a handwritten document indicating that the company had weighed the cost of personal injury lawsuits against the profits of continuing to sell asbestos.

Read full story here.

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Bayer Insists That Yaz and Yasmin Are Safe: Dallas Yaz Lawyer

April 24, 2010

Bayer releases two studies it commissioned as proof that the drugs are safe, but other studies have found that contraceptives like Yaz and Yasmin increase the risk of blood clots more than other types of birth control pills.

Yasmin, first marketed in 2001, and Yaz, introduced in 2006, are made with a synthetic progestin called drospirenone. Two 2009 studies published in The British Medical Journal have called drospirenone's safety into question.

One study, which looked at blood clot risks in healthy Danish women ages 15 to 49, found that of 4,213 cases of various kinds of blood clots reported between 1995 and 2005, more than 2,000 occurred in women who used oral contraceptives. Contraceptive pills made with the synthetic progestins desogestrel, gestodone and drospirenone all had a higher risk of blood clots compared to those made with an older form of progestin called levonorgestrel.

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FDA Warns Pfizer For Lax Oversight of Geodon Drug Study

April 21, 2010

Federal regulators say the drugmaker Pfizer has failed to correct problems with its testing procedures that resulted in overdoses of several children during a company trial.

The Food and Drug Administration issued a warning letter saying Pfizer did not properly monitor physicians testing an experimental medication, which the agency did not name. A Pfizer spokeswoman said the drug is Geodon, which the company was studying for children with bipolar disorder.

The trial was completed in July 2007 and the FDA is now considering whether to approve the pill for children.

The FDA warning letter, posted online, follows up on problems first cited in 2006, when 26 pediatric patients in a company trial received overdoses of the psychiatric drug. Despite Pfizer retraining the physicians, FDA says three additional overdoses occurred in 2007.

Read full AP story here.

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NUVARING® Manufacturers and Distributors Sued for Wrongful Death

April 20, 2010

Many lawsuits have been filed against the pharmaceutical companies associated with the birth control product NUVARING® in the United States.

NUVARING® is a birth control product that releases two synthetic hormones, etonogestrel (a progestin) and ethinyl estradiol (an estrogen), into the woman’s body.

The lawsuit complaints allege that the parties named as defendants, which includes Organon USA, Inc., Organon Pharmaceuticals USA, Inc., Organon International, Inc., Akzo Nobel NV, Organon Biosciences, N.V., and Schering-Plough Corporation, not only knew about the potential side effects associated with NUVARING®, but concealed those risks from the public, including the FDA during the approval process.

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ENDOSCOPY CENTER OUTBREAK: Hepatitis C case goes to trial

April 19, 2010

Robert Eglet's client, is infected with hepatitis C, and his Las Vegas law firm going head to head with one of the largest drugmakers in the world and its international law firm.

It's a battle that began more than two years ago after local health officials announced a hepatitis C outbreak linked to Las Vegas endoscopy clinics. Investigators said the outbreak was caused by nurse anesthetists who were reusing single-dose vials of anesthetic between patients at the Endoscopy Center of Southern Nevada and its sister clinics.

Read full story here.

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Toyota Recalls 600,000 Sienna Minivans

April 17, 2010

Toyota is recalling 600,000 Sienna minivans from the 1998 to 2010 model years because the cable that holds tight the spare tire can rust and break, allowing the tire to fall off the minivan and onto the road.

Toyota says that it has no knowledge of injuries or accidents because of the defect. The National Highway Traffic Safety Administration says it has received six complaints of spare tires falling off of Siennas.The recall is for Siennas in 20 “cold-climate” states.

While the company has not yet decided on a fix, officials say they will be sending letters out to owners, letting them know that dealers will inspect the cable for them. If you have questions, you can call Toyota at (800) 331-4331.

Read more: http://www.miamiherald.com/2010/04/17/1584334/toyota-recalls-600000-sienna-minivans.html#ixzz0lOKQbdSh

Yaz, Yasmin, Ocella Concerns Bring Lawsuits But Few Answers

April 17, 2010

When the oral contraceptives Yasmin and Yaz came on the market in 2001 and 2006, respectively, they were thought to be safer than other birth control pills because they contained a different kind of synthetic progestin.

But in the lawsuits against the pills' maker, Bayer HealthCare, plaintiff attorneys claim that the progestin contained in the pills, drospirenone, is the cause of health problems, including deep vein thrombosis (blood clots in the deep veins), strokes, heart attacks and gallbladder disease.

Read the full story here at the LA Times.

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Bayer Told to Revise Yaz, Yasmin Marketing Materials

April 15, 2010

Federal regulators are requiring Bayer Healthcare to revise its marketing materials for Yaz and Yasmin to reflect new safety information that was recently added to the drugs’ labels. In a letter to Bayer dated April 7, the Food & Drug Administration (FDA) said revisions must include “prominent disclosure of the important new safety information.”

Bayer announced that it was updating the “Warning” sections of the Yaz and Yasmin labels to include additional information about the risk of blood clots associated with the birth control pills. The new information is based on two large, multiyear studies of more than 120,000 women taking contraceptives in the U.S. and the U.K., Bayer said.

Read the full story here.

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Yaz, Yasmin Label Updated to Included Information on Blood Clots

April 12, 2010

New safety information regarding the risk of blood clots has been added to the labels of Yaz and Yasmin, Bayer Healthcare’s popular birth control pills. The label update comes as Bayer faces at least 1,100 lawsuits filed by women who claim to have been injured by either Yaz or Yasmin.

Yaz and Yasmin are both made with a type of progestin called drospirenone, making them different from many other oral contraceptives.

Read the full story here.

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NuvaRing Named in 300 Product Liability Lawsuits

April 12, 2010

NuvaRing, a contraceptive device marketed by Organon Pharmaceuticals and Merck & Co., has been named in some 300 product liability lawsuits. The lawsuits claim that NuvaRing caused plaintiffs to suffer serious, life-threatening blood clots.

NuvaRing is a transparent, flexible vaginal ring that provides month-long birth control by emitting a continuous dose of estrogen and progestin for 21 days. The device releases a combination of ethinyl estradiol, a form of the hormone estrogen, and etonogestral. Nuvaring is marketed as providing the same efficacy as birth control pills but more convenient by offering month-long protection.

Read the full story here.

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Appeals Court Upholds Dismissal of Lawsuit Alleging Seroquel Caused Diabetes

April 12, 2010

A federal appellate court has upheld a lower court ruling dismissing the first product liability lawsuit among thousands alleging British drugmaker AstraZeneca PLC's antipsychotic drug Seroquel triggered a patient's diabetes.

A three-judge panel of the 11th Circuit Court of Appeals ruled that the U.S. District Court for the Middle District of Florida had correctly dismissed the case brought by Linda Guinn, a former legal secretary from Palm Bay, Fla., in her early 60s.

Read the full story here.

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Miss. Families File Wrongful Death Lawsuits of Girls on Rhino ATV

April 6, 2010

The families of two north Mississippi girls killed in a 2008 accident have filed a wrongful death lawsuit against the maker of an all-terrain vehicle.

Melissa and Richard Lee Bates and Aundria and Thomas Dilworth filed the suit in Gwinnett County, Ga., against Yamaha Motor Corp. and Yamaha Motor Manufacturing Corp. of America.

The lawsuit claims multiple design and engineering flaws contributed to the deaths of the two 11-year-old girls.

Emily Bates and Lauren Dilworth were riding a Yamaha Rhino ATV when it flipped as it went off the pavement in a subdivision near Olive Branch.

The lawsuit does not seek a specific dollar amount.

Read more: http://www.sunherald.com/2010/04/01/2070467/miss-families-sue-over-deaths.html#ixzz0kBe0ezix

Poligrip and Fixodent Litigation Update

April 5, 2010

For 14 years until just last month, GlaxoSmithKline sold a denture cream called Super Poligrip that contained high levels of zinc.

The zinc helped with adhesion and was probably safe so long as people used moderate amounts of cream. Indeed, the human body needs small amounts of zinc to function. But some people ended up using much larger amounts, and they began to develop the kind of nerve damage associated with excess zinc.

Read the full New York Times story here.

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New Study Finds That Isotretinoin, Accutane Use Linked To Ulcerative Colitis

March 30, 2010

The American Journal of Gastroenterology, in a study published on March 30, 2010 stated that the use of isotretinoin, Accutane, was linked to the development of ulcerative colitis.

The study included 8,189 patients with inflammatory bowel disease (IBD) and 21,832 controls. Of the patients with IBD, which includes Crohn's disease and ulcerative colitis, 3,664 had Crohn's disease, 4,428 had ulcerative colitis and 97 had an unspecified IBD condition. Sixty study participants were exposed to isotretinoin.

Read the article here at the American Journal Of Gastroenterology.

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Bayer Accused in Canadian Lawsuit of Hiding Yaz Risks

March 25, 2010

Bayer AG, Germany’s largest drugmaker, was accused in a lawsuit of ignoring health risks of the contraceptive Yaz and advertising the drug as safe to boost sales.

The Yasmin family of birth-control pills, known as Yaz and Yasmin, carries a four times increased risk of deep vein thrombosis and pulmonary embolism compared with other contraceptives, according to the suit, filed in St. Catharines, Ontario, by two women. They seek class-action, or group, status to represent all women who used the drugs.

Read the full Bloomberg story here.

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Yasmin Gallbladder Disease Lawsuit Filed Against Bayer

March 23, 2010

Another lawsuit has been filed against Bayer by a California woman who suffered gallbladder disease after using Yasmin, alleging that the drug maker knew the birth control pill carried unacceptable health risk but released it any way.

The Yasmin gallbladder lawsuit was filed in San Mateo County Superior Court by Louise Thanos.

The case is one of about 1,100 Yaz and Yasmin lawsuits filed on behalf of individual women who allege that they suffered injuries as a side effect of the birth control pills. In addition to lawsuits for gallbladder problems, cases have been filed by women who allege the pills caused them to suffer blood-clot related injuries, such as a stroke, heart attack, pulmonary embolism or deep vein thrombosis.

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AstraZeneca Wins Trial on Seroquel Diabetes Claim

March 19, 2010

AstraZeneca Plc officials properly warned a patient’s doctors about the diabetes risk posed by its Seroquel antipsychotic drug, a jury ruled in the first case over the medicine to go to trial.

The state court panel in New Brunswick, New Jersey, deliberated before finding the company’s warnings to Ted Baker’s doctors absolved AstraZeneca of responsibility for his injuries. Baker, 61, took Seroquel for lingering effects of post-traumatic stress syndrome caused by his military service in Vietnam. His was the first of about 26,000 claims over the drug to be considered by jurors.

Read the full story here at Bloomberg News

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Seattle Couple Sue Toyota Over Vehicle's Lost Value

March 17, 2010

A Seattle couple have sued Toyota in federal court, demanding that the company either take back the vehicle they just bought or reimburse them for its loss in value since the automaker's sudden-acceleration troubles became news.

The lawsuit alleges that the issues plaguing Toyota violate the state's Consumer Protection Act and amount to a breach of contract. The lawsuit is a proposed class action and, if certified by a federal judge, could apply to other Toyota owners in Washington with similar issues.

It claims more than 100 class members exist in Washington and that the damages in question will exceed $5 million.

Read full story here.

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Chinese Drywall Case Gets Under Way in New Orleans

March 13, 2010

Tatum and Charlene Hernandez built their dream house in Mandeville in 2006, but their home has been their nightmare ever since they realized last year that it's filled with problem drywall from China.

The air-conditioning and other appliances keep failing. Charlene Hernandez, a labor and delivery nurse at Oschner, gets bad headaches she never used to have. Their children, Grant, 4, and Amelia, 2, seem prone to respiratory issues.

Read the full story here.

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Class-Action Lawsuits Could Cost Toyota $3B-Plus

March 12, 2010

Toyota owners claiming that massive safety recalls are causing the value of their vehicles to plummet have filed at least 89 class-action lawsuits that could cost the Japanese auto giant $3 billion or more, according to an Associated Press review of cases, legal precedent and interviews with experts.

Those estimates do not include potential payouts for wrongful death and injury lawsuits, which could reach in the tens of millions each. Still, the sheer volume of cases involving U.S. Toyota owners claiming lost value -- 6 million or more -- could prove far more costly, adding up to losses in the billions for the automaker.

Read the full New York story here.

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Concerns Voiced Over ‘Metal on Metal’ Hip Implants

March 8, 2010

Some of the nation’s leading orthopedic surgeons have reduced or stopped use of a popular category of artificial hips amid concerns that the devices are causing severe tissue and bone damage in some patients, often requiring replacement surgery within a year or two.

In recent years, such devices, known as “metal on metal” implants, have been used in about one-third of the approximately 250,000 hip replacements performed annually in this country. They are used in conventional hip replacements and in a popular alternative procedure known as resurfacing.

The devices, whose ball-and-socket joints are made from metals like cobalt and chromium, became widely used in the belief that they would be more durable than previous types of implants.

Read full story here at the New York Times

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Law Suit Filed in Crash That Prompted First Toyota Recall

March 5, 2010

The family of the man whose Aug. 28 death spurred the first recall of Toyota vehicles for unintended acceleration has filed a products liability and negligence lawsuit against the Japanese automaker.

Mark Saylor, 45, a California Highway Patrol Officer, was killed along with his family after the 2009 Lexus he was driving suddenly accelerated out of control while on Interstate 125 near San Diego.

Read full story here at Law.com

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Yaz, Yasmin and Ocella 1,100 Birth Control Lawsuits Filed

March 4, 2010

In an annual 2009 report released by Bayer, the number of contraceptive lawsuits over Yaz, Yasmin and Ocella has risen to about 1,100 filed cases, and that number will continue to increase as thousands of women are considering claims for serious injuries that have been caused by side effects of the birth control pills.

Included among the claims are five Yasmin and Yaz class action lawsuits; three filed in the United States and two filed in Canada, according to Bayer’s 2009 annual report released late last month.

Read the full Bayer 2009 Report here

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Ala. Woman Awarded $9.45 M in Wyeth-Hormone Lawsuit

March 1, 2010

A Philadelphia jury yesterday ordered Pfizer Inc.'s Wyeth unit to pay $9.45 million to an Alabama woman who claimed that the company's hormone-replacement drug caused her breast cancer.

The Common Pleas Court jury awarded $3.25 million in compensatory damages and $6 million in punitive damages to Audrey Singleton, a retired school-bus driver from Chatom, Ala. The verdict also included $200,000 to Singleton's husband for loss of consortium.

Read full story here.

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Glaxo Backs Avandia’s Safety Says That US Report Biased

February 26, 2010

GlaxoSmithKline Plc rejected allegations that it concealed safety information about its diabetes drug Avandia or acted inappropriately in marketing it, saying a U.S. Senate staff report was inaccurate and incomplete.

The company diligently studied the drug’s safety and effectiveness, and communicated its findings to governments, regulators, scientists and doctors, London-based Glaxo said in a statement.

Read the full Bloomberg story here.

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Woman Gets $23.4M for Personal Injury Ford Crash

February 25, 2010

A jury has awarded a woman $23.4 million in a civil judgment against Ford Motor Co. for a 2007 freeway accident that left her a quadriplegic.

Cynthia Castillo lost control of her 1997 Ford Explorer when the tread separated from her left-rear tire as she drove on the freeway.

Her attorney, Brian Brandt, said the SUV veered off the freeway and rolled three times down an embankment, leaving her legs and most of her body paralyzed. Flaws in the vehicle's design caused it to lose control when the tire tread separates, Brandt said.

Read full story here.

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FDA Faces More Pressure to Pull Avandia Diabetes Drug

February 23, 2010

The Food and Drug Administration, under fire from a new Senate report questioning the safety of GlaxoSmithKline PLC's diabetes drug Avandia, told doctors that patients taking the medicine should stay on it unless their doctors say otherwise.

Rep. Rosa DeLauro (D., Conn.), the chairwoman of the House appropriations panel that controls the FDA's budget, said: "I strongly urge the FDA to remove Avandia from the market until a truly independent, science-based advisory panel can evaluate the safety and effectiveness of the drug."

Read full article here at the Wall Street Journal.

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Heart Attack and Heart Failure Side Effects of Avandia Diabetes Drug

February 22, 2010

Three years ago, Dr.Nissen, a cardiologist at the Cleveland Clinic, conducted a landmark study that suggested that the best-selling diabetes drug Avandia raised the risk of heart attacks. The study led to a Congressional inquiry, stringent safety warnings, a sharp drop in the drug’s sales of GlaxoSmithKline, Avandia’s maker.

The battle between Dr. Nissen and GlaxoSmithKline was waged from afar in news releases and published papers. But on May 10, 2007, 11 days before Dr. Nissen’s study was published in The New England Journal of Medicine, he and four company executives met face to face in a private meeting whose details have not been disclosed until now.

Read the full article here at the New York Times.

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Glaxo to Remove Zinc From Denture Cream

February 21, 2010

The maker of Poligrip denture cream will stop making formulas containing zinc amid lawsuits claiming years of excessive use caused neurological damage and blood problems in consumers, allegedly crippling some.

GlaxoSmithKline will stop making and marketing Super Poligrip Original, Ultra Fresh and Extra Care products in the U.S. The company plans to reformulate the creams without zinc.

Read the full story at the New York Times

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GlaxoSmithKline Knew of Avandia's Cardiac Risks, Senate Report Says

February 21, 2010

Confidential studies by Food and Drug Administration officials recommend that GlaxoSmithKline's Avandia, a diabetes medicine, get pulled from the market because it is linked to heart attacks.

The studies, released as part of a report on Avandia by staff of Senate Finance Committee members Chuck Grassley (R., Iowa) and Max Baucus (D., Mont.), also say any head-to-head trial where patients get Avandia and Takeda Pharmaceutical Co.'s diabetes medicine Actos would be "unethical and exploitative." GlaxoSmithKline is currently sponsoring a study, called TIDE, where patients get either Avandia, Actos or other medicines.

Read the full Wall Street Journal Story here

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FDA Report Avandia Diabetes Drug Harms Heart

February 20, 2010

Hundreds of people taking Avandia, a diabetes medicine, needlessly suffer heart attacks and heart failure each month, according to confidential government reports that recommend the drug be removed from the market.

The reports, obtained by The New York Times, say that if every diabetic now taking Avandia were instead given a similar pill named Actos, about 500 heart attacks and 300 cases of heart failure would be averted every month because Avandia can hurt the heart. Avandia, intended to treat Type 2 diabetes, is known as rosiglitazone and was linked to 304 deaths during the third quarter of 2009.

Read full New York Times dtory here.

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Oregon Jury Finds for Plaintiff in First Pain Pump Verdict

February 18, 2010

The jury ordered pain pump manufacturer I-Flow Corp. to pay $4.5 million to a man whose implanted pump caused the cartilage in his shoulder joint to wear almost completely away, a condition known as chondrolysis.

In the first verdict of its kind, an Oregon jury has found for the plaintiff in a case against the manufacturer of a pain pump, awarding $4.5 million to a man for permanent damage to his shoulder joint. The verdict, which included damages paid to his wife for loss of consortium, comes in what many considered a test case for the defense. (Beale v. I-Flow Corp., No. 080101554 (Or., Multnomah Co. Dist. Jan. 22, 2010).)

Read full story here Trial

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U.S. to Probe Toyota Corolla Steering Reports

February 18, 2010

Toyota Motor Corp. and U.S. regulators are looking into possible steering problems in the company's popular Corolla compact, the latest quality issue to surface in the wake of two recalls that covered millions of vehicles and forced Toyota to halt U.S. sales of eight models.

The Corolla investigation could start as early as Thursday, said a U.S. Transportation Department official. The inquiry will cover about 500,000 model-year 2009 and 2010 Corollas, officials said.

The National Highway Traffic Safety Administration has received 163 complaints about the steering in Corollas from those model years, according to the safety agency's Web site.

Read the full Wall Street Journal Article here.

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U.S. Opens Probe into Toyota Recalls; Output Cut

February 17, 2010

U.S. regulators on Tuesday opened an investigation into whether Toyota Motor Corp acted in a timely way to recall cars for acceleration problems, and the automaker moved to slow its U.S. production to avoid a costly ballooning of inventories.

The National Highway Traffic Safety Administration said it had requested production data, consumer complaints and other documents expected to shed light on how and when Toyota learned of problems affecting about 6 million vehicles it has recalled in the United States.

Read full Reuters story here.

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Roche Ordered to Pay $25 M to Accutane User

February 16, 2010

Roche Holding AG, the Swiss drugmaker, must pay $25.16 million in damages to a former user of its Accutane drug who blamed the acne medicine for his inflammatory bowel disease, a New Jersey jury ruled.

Andrew McCarrell, 38, won the verdict at a retrial in Atlantic City, New Jersey. An appeals court ordered the new trial after overturning a $2.62 million award he won in May 2007. McCarrell, a computer technician from Birmingham, Alabama, testified he got sick after taking the drug for acne in 1995. He needed five surgeries, including one to remove his colon.

Read the full story here at Bloomberg.

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February 16, 2010

Roche Holding AG, the Swiss drugmaker, must pay $25.16 million in damages to a former user of its Accutane drug who blamed the acne medicine for his inflammatory bowel disease, a New Jersey jury ruled.

Andrew McCarrell, 38, won the verdict at a retrial in Atlantic City, New Jersey. An appeals court ordered the new trial after overturning a $2.62 million award he won in May 2007. McCarrell, a computer technician from Birmingham, Alabama, testified he got sick after taking the drug for acne in 1995. He needed five surgeries, including one to remove his colon.

Read the full Reuter story here.

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Toyota Acceleration Complaints Cite 34 Deaths, U.S. Data Show

February 16, 2010

Toyota Motor Corp. vehicles have been linked to 34 deaths by consumers filing complaints with the U.S. government over unexpected acceleration, according to the Transportation Department.

The total jumped by 13 fatalities since Jan. 27 as nine more filings were added to a database the department’s National Highway Traffic Safety Administration uses to track deaths, injuries and consumer complaints.

http://www.bloomberg.com/apps/news?pid=20601209&sid=aPso41xXZS60Read the full Bloomberg story here.

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WFAA: Wife of Southlake Texas Driver Who Died Slams Toyota

February 15, 2010

The wife of the driver of a 2008 Avalon that shot into a pond in Southlake and flipped, killing four people, said she believes quicker action by Toyota could have prevented the tragedy.

Linda Hardy's husband, Monty, was behind the wheel of his car that landed upside down in a small pond in Southlake.

Read full story here at WFAA

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Toyota Car Recall: Now Electronics Questions

February 14, 2010

The company vigorously denies that its vehicles' acceleration problems might stem from an electronic or software glitch. But it remains an open question, and any such finding would be devastating.

In the nearly five months since it launched a string of recalls to stop its cars from accelerating out of control, Toyota Motor Corp. has been adamant about one thing: It's not the electronics.

Company officials first put the blame on floor mats that could entrap the accelerator, later amending that to include gas pedals themselves that could stick.

Read the full story here at the Los Angeles Times

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Colorado Man's Crusade to Bring Attention to Defective Toyota Cars

February 13, 2010

A Colorado man has fought mostly unsuccessfully to get his concerns heard since his wife's Prius car accident in 2006.

Before his wife's Prius suddenly accelerated uncontrollably to 90 miles per hour on a mountain highway, you'd have been hard-pressed to find a bigger fan of Toyota than Ted James.

A middle-school science teacher and ardent environmentalist, James got a Prius for his wife, Elizabeth, and a Corolla for himself.

Read the full story here at the Los Angeles Times.

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Defective PVC Bursting Pipes Lead to a Legal Battle

February 13, 2010

State and local governments across the country may have to replace their water systems because of defective pipes, according to a whistle-blower lawsuit unsealed this week.

The whistle-blower, John Hendrix, accuses his former employer, one of the world’s largest pipe manufacturers, of falsifying test results about the quality of its products. Pipes that should last 50 years are in some cases rupturing in their very first year, according to Mr. Hendrix and some state documents. This can lead to explosions, leaks, fires and other dangers.

Read full New York Times story here.

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Ex NHTSA Regulators Hired by Toyota Helped Halt Investigations

February 13, 2010

Former regulators hired by Toyota Motor Corp. helped end at least four U.S. investigations of unintended acceleration by company vehicles in the last decade, warding off possible recalls, court and government records show.

Christopher Tinto, vice president of regulatory affairs in Toyota’s Washington office, and Christopher Santucci, who works for Tinto, helped persuade the National Highway Traffic Safety Administration to end probes including those of 2002-2003 Toyota Camrys and Solaras, court documents show. Both men joined Toyota directly from NHTSA, Tinto in 1994 and Santucci in 2003.

Read full Bloomberg story here.

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Toyota Units Named in Suit Claiming Racketeering

February 12, 2010

Four Toyota Motor Corp. units were named as defendants in a racketeering lawsuit that claims the companies collaborated to sell cars they knew were unsafe.

The lawsuit, filed Feb. 8 in federal court in Covington, Kentucky, targets Toyota Motor Engineering & Manufacturing North America Inc., as well units that produce Toyota’s Camry and Avalon models and handle leasing and engineering.

Read the full Bloomberg story here.

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Toyota Faces Massive Legal Liability From Defective Cars

February 12, 2010

Legal expenses and damages could add billions to Toyota's recall costs, with dozens of suits pending over injuries and deaths and at least 30 seeking class-action status over lost use of vehicles.

Toyota Motor Corp.'s massive recalls for acceleration and braking problems are creating a huge legal liability for the company -- and Toyota owners may share in the pain.

Toyota faces dozens of lawsuits over injuries and deaths attributed to safety problems, with many more suits expected. Lawyers and legal experts said the lawsuits could be particularly expensive for the automaker if plaintiffs prove that Toyota was aware of problems but failed to correct them.

Read full story here at the Los Angeles Times

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Boston Scientific Defibrillator Safety Questioned

February 12, 2010

Two defibrillator brands made by Boston Scientific Corp. have a design flaw that can result in the devices delivering potentially life-threatening shocks to the hearts of patients, authors of a medical journal article say.

The defect can cause the Cognis and Teligen brand defibrillators to deliver the shocks when they aren't needed in the many patients who get the devices implanted just under the skin, according to an article in the journal HeartRhythm. The potential malfunction, while appearing to be extremely rare, could in theory affect any of the more than 90,000 devices implanted, said the authors. They advised physicians to look for the problem should the devices malfunction.

Read the full story here at the Wall Street Journal

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Toyota to Fix Gas Pedals as Lawsuits Increase

February 11, 2010

Toyota said that its dealers are working overtime to fix sticking gas pedals on some 2.1 million recalled vehicles at a rate of 50,000 per day and have so far repaired 225,000 cars.

Toyota recalled 3.8 million vehicles last fall to repair what it called floor-mat "entrapment" of the gas pedal, and an additional 2.1 million cars last month to fix what it calls an unrelated sticky-gas-pedal problem.

Read the full story here at the Washington Post.

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Breach of Warranty Claimed in Texas Class Action Against Toyota

February 10, 2010

A Texas attorney is moving at full speed with a proposed class action against Toyota over accidents allegedly caused by stuck gas pedals, even as the automaker announced it has a remedy to put the brakes on the problem.

Representing Corpus Christi residents Sylvia and Albert Pena III and others similarly situated, attorney Hilliard filed suit against Toyota Motor Corp. and Toyota Motor Sales USA Inc. The suit was filed Jan. 29 in the Corpus Christi Division of the Southern District of Texas.

"This is a civil action against defendants based upon information and belief that defendants, and each of them, designed, manufactured, distributed, and sold certain automobiles equipped with the Electronic Throttle Control System with Intelligence (ETCS-i) and/or Electronic Throttle Control System (ETC) that is defective in that it will allow sudden unintended acceleration of the vehicle engine," wrote Hilliard.

Read the full story here.

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Cardiac Science Automated External Defibrillators : Recall

February 10, 2010

Cardiac Science Corporation and FDA notified healthcare professionals and consumers of a recall because the automated external defibrillator (AED) may not be able to deliver therapy during a cardiac resuscitation attempt, which may lead to serious adverse events or death.

Each of the approximately 12,200 devices affected in this recall can be confirmed at the Cardiac Science Web site, www.cardiacscience.com/AED195.

The affected AEDs were manufactured or serviced between October 19, 2009 and January 15, 2010 and include the following models - Powerheart 9300A, 9300E, 9300P, 9390A, 9390E, CardioVive 92532 and CardioLife 9200G and 9231. Each affected AED should immediately be removed from service since it may not deliver the expected therapy.

Read the complete MedWatch 2010 Safety summary, including a link to the firm press release, at: http://www.fda.gov/Safety/MedWatch/SafetyInformation/SafetyAlertsforHumanMedicalProducts/ucm200138.htm

Bayer Defends Safety of YAZ, Yasmin Contraceptives

February 9, 2010

Bayer Healthcare Corp. clearly stated its oral contraceptives Yasmin and Yaz contained possible side effects, the pills' maker said in response to lawsuits.

More than 50 women in Indianapolis have filed suit against the company, joining dozens of women nationwide who allege the birth control pills caused heart attacks, strokes, blood clots and other health problems, The Indianapolis Star reported Monday.

Read full story here.

Toyota Recalls 2010 Prius for Brake Problems

February 9, 2010

Toyota said that it would recall 437,000 of its 2010 Priuses and other hybrid models worldwide because of a glitch in the braking system. 155,000 are in the United States and another 53,000 in Europe.

Separately, Toyota also recalled 7,300 of its latest-model Camrys in the United States to fix a power steering pressure hose in the engine compartment that may be the incorrect length. This could cause a hole in the brake tube and deplete the braking fluid, interfering with braking.

Read the full New York Times story here.

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Indiana Women sue Bayer over Yasmin pill

February 8, 2010

More than 50 women claim in lawsuits filed in Indianapolis that they suffered strokes, heart attacks or other serious health problems while taking the birth control pills Yasmin or Yaz, manufactured by Bayer Healthcare Corp.

Across the nation, dozens of lawsuits have been filed in the past few months by women claiming similar health problems after taking the pills.

Read full story here.

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Toyota Preparing to Announce Prius Fix

February 6, 2010

Toyota has told dealers it's preparing a plan to repair the brakes on thousands of hybrid Prius cars in the U.S.

In a message sent last night to dealers, a Toyota group vice president, Bob Carter, said the company is working on a plan and will disclose more details early next week. More than 100 drivers of 2010 Prius cars have complained that their brakes seemed to fail momentarily when they were driving on bumpy roads. The U.S. government says the problem is suspected in four crashes and two minor injuries.

Read full story at the Los Angeles Times

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Toyota Grapples With Huge Car Recall

February 6, 2010

Faced with an unprecedented recall of millions of vehicles and rivals swooping in on its customers, the public relations machine at Toyota Motor Corp -- one of the most savvy brand-creators in Asia -- is floundering.

Toyota has consistently played down recurring complaints of unintended acceleration, breaking what PR experts said is the cardinal rule in crisis management: assume the worst.

Read full article here.

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Ohio Couple Files Lawsuit Against Toyota Over Recall

February 5, 2010

A Cincinnati couple has filed a lawsuit against Toyota charging fraud and negligence over a safety issue involving gas pedals that has caused a massive auto recall.

The lawsuit, filed in Hamilton County Common Pleas Court, seeks class-action status on behalf of all Ohio residents who have bought or leased vehicles Toyota-manufactured vehicles subject to the recall. Attorney Chesley, who filed the lawsuit on behalf of Hugh and Pamela Cox, said Wednesday that the class could involve thousands of Ohio residents.

Read full story here Fort Worth Star Telegram.

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More Crashes Adds toToyota’s Problems

February 5, 2010

The trip was one that Guadalupe Alberto had made many times before, just a few miles through her neighborhood to the small grocery store her family had owned for years.

It was a Saturday afternoon, April 2008, and Mrs. Alberto, a 77-year-old former autoworker, was driving her 2005 Toyota Camry. Within blocks of her home, witnesses told police, the car accelerated out of control, jumped a curb and flew through the air before crashing into a tree. Mrs. Alberto was killed instantly.

Read the rest of the NY Times article here.

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Toyota Investigates Brakes on All Hybrids After Problems With Prius

February 4, 2010

Toyota Motor Corp. said it knew previously about complaints related to the brakes of its Prius hybrid car and Thursday expanded a safety probe to all its hybrid models.

The Japanese auto maker said it found and corrected problems with its new 2010 Prius hybrid and said it did not try to "cover up" the glitch. But the disclosure and the expansion of its investigation to include such models as its Lexus HS250h and Sai luxury hybrid sedans comes amid intensifying government and public scrutiny of the world's No. 1 auto maker by vehicle sales.

Read the full story here at the Wall Street Journal.

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Lawsuits Beginning to Pile Up Against Toyota Dallas Car Accident Attorney

February 4, 2010

Legal attacks against Toyota Motor Sales USA Inc. increased this week following fresh reports of product-safety defects afflicting some of the most popular vehicles in the automaker's fleet.

Toyota announced on Jan. 26 that it would stop selling eight models because of accelerator pedals that can stick in the depressed position, causing the cars to speed up out of control. The company has recalled 2.3 million vehicles with that problem. Earlier, Toyota recalled another 4.2 million vehicles, blaming a problem with floor mats.

Read full story here.

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Update Southlake Toyota Wrongful Death Car Crash

February 3, 2010

News 8 has confirmed that a sticking accelerator is being investigated as one possible cause of a crash in Southlake in December that killed four people driving in a Toyota Avalon.

Recently, Toyota issued an extensive recall of close to 3 million vehicles for that very reason.

Read full story here.

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Houston Car Crash Leads to Lawsuit Against Toyota

February 3, 2010

The family of a Houston woman whose car smashed into a cement wall, killing her on impact, filed what is likely the third acceleration-related wrongful death lawsuit against Toyota in the nation.

Trina Harris, a 34-year-old mother of two, died on impact when her 2009 Toyota Corolla slammed into an East Hardy Toll Road cement divider, leaving no skid marks.

Her husband, filed a lawsuit against Toyota Motor Sales U.S.A., gas pedal maker CTS Corp. and Fred Haas Toyota World, which leased her the car.

Read the full story here.

Class Actions Against Toyota Over Gas Pedals Filed in New Orleans

February 3, 2010

In response to a nationwide recall of approximately 5.3 million Toyota vehicles for defective accelerator pedals, plaintiff's attorneys have filed three lawsuits in New Orleans asking Toyota to return profits it made from the sale of the vehicles.

The lawsuits state that the accelerator mechanism of the vehicles can become stuck in a depressed position and fail to return or return slowly to the idle position causing, "extreme, uncontrollable and inherently dangerous acceleration."

The Toyota models affected by the January recall include the 2009-2010 RAV4, 2009-2010 Corolla, 2009-2010 Matrix, 2009-2010 Pontiac Vibe, 2010 Highlander, 2007-2010 Tundra, 2008-2010 Sequoia and the 2007-2010 Camry.

Read the full story here.

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Toyota's Huge Problem: Product Liability Lawsuits

February 2, 2010

– Toyota Motor Corp is facing a growing number lawsuits from consumers who complain their vehicles suddenly accelerate or may do so, and want the world's largest automaker to pay for it.

Last week, Toyota stopped selling eight models in the United States and Canada, including its popular Camry and Corolla, because of possible unintended acceleration.

Some 8 million vehicles are up for repair worldwide over problems including alleged faulty accelerator pedals made by the supplier CTS Corp, and the possibility that floor mats could jam the accelerator pedal.

Read the full story here Yahoo.com

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Allergan Trial Will Focus on Botox's Safety in Cerebral Palsy Treatments

January 30, 2010

The family of Kristen Spears alleges an overdose of the drug manufactured by Irvine-based Allergan Inc. killed her at age 7.

Spears started getting Botox injections at the age of 6 -- not to smooth furrows in her brow, but to calm spasms in her legs.

The girl was born with severe cerebral palsy, and Botox, best known as a face-lift-in-a-syringe, can relax contorted muscles and sometimes help young patients walk without surgery.

Read full story here.

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Kimberly-Clark Unit Must Pay $4.75 M in Product Lawsuit

January 28, 2010

A Multnomah County jury ordered a medical-device company to pay $4.75 million to a Portland, Oregon, man and his wife in a product-liability lawsuit that may have national implications, according to a report in The Oregonian.

The jury found I-Flow Corp. liable for destroying the cartilage in Matthew Beale's right shoulder and leaving the 38-year-old father of four with constant pain and a disabled arm, the newspaper reported.

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Heart Patients Warned Against Using Meridia, an Anti-Obesity Drug

January 27, 2010

European and American drug regulators had two starkly different reactions this week to data on an obesity drug. The raw data from the study indicated that people with certain health problems who took the prescription diet drug Meridia had more heart attacks, strokes and other cardiovascular problems than people getting a placebo.

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Big Tobacco Strategy Scares Off Potential Plaintiffs

January 24, 2010

Florida smokers who lose personal-injury suits against tobacco companies could be on the hook for the opposition's attorney fees under a settlement strategy being pursued by cigarette makers.

Tobacco companies have been offering the state's 8,000 smoker plaintiffs minuscule amounts of money -- typically $500 to $2,500 -- to settle wrongful death and negligence cases potentially worth millions of dollars. The catch: Florida law says plaintiffs who obtain a significantly smaller judgment than a rejected settlement offer must pay the other side's attorney fees.

Continue reading "Big Tobacco Strategy Scares Off Potential Plaintiffs" »

Yaz MDL Lawsuit: Dallas Texas Yaz Attorney

January 23, 2010

Bayer Healthcare Pharmaceuticals has significant product liability claims over its oral contraceptive Yaz and its alleged dangerous side effects.

Yaz, Yasmin, and the generic version Ocella have all come under attack for their overstated benefits and minimized risks. Experts predict that more than 25,000 cases could eventually be filed by women alleging dangerous side effects from using the prescription contraceptive.

Read the latest minutes from the Southern Illinois MDL court.
Download file

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Lawsuits Claim Chantix led to Attempted Suicide and Death

January 23, 2010

Three personal injury lawsuits were filed against Pfizer Inc last week, claiming its smoking cessation drug Chantix caused attempted suicides and death.

The lawsuits, filed in New York State Supreme Court in Manhattan, claim that at the time the plaintiffs took Chantix, Pfizer did not tell doctors and patients about dangers it allegedly knew were related to the drug, including depression and thoughts of suicide.

Continue reading "Lawsuits Claim Chantix led to Attempted Suicide and Death" »

Pa. Court Revives Plaintiff Verdict in Hormone-Replacement Case

January 22, 2010

In Pennsylvania's first precedent-setting decision regarding hormone replacement therapy mass tort litigation, the Superior Court has revived a plaintiff's lawsuit by finding that the plaintiff was entitled to an exception to the two-year statute of limitations because she couldn't have reasonably known of an alleged link between her breast cancer and HRT drugs before the publication of a widely publicized study.

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Baxter Faces New Lawsuits Over Tainted Heparin

January 20, 2010

Baxter International Inc., which recalled its blood thinner heparin amid reports of allergic reactions and deaths in 2008, faces at least 30 lawsuits in Chicago by injured people or their estates.

As many as 300 product-liability complaints may be filed in the Illinois state court, according to plaintiffs’ attorney Allen Schwartz. His law firm and two others are working to comply with a judge’s order last year to convert an aggregate lawsuit to individual claims against the Deerfield, Illinois-based company.

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Baxter Faces Dozens of New Suits Over Tainted Heparin

January 19, 2010

- Baxter International Inc., which recalled its blood thinner heparin amid reports of allergic reactions and deaths in 2008, faces at least 30 lawsuits in Chicago by injured people or their estates.

As many as 300 product-liability complaints may be filed in the Illinois state court, according to plaintiffs’ attorney Allen Schwartz of Kralovec, Jambois & Schwartz.

Continue reading "Baxter Faces Dozens of New Suits Over Tainted Heparin " »

New Accutane Trial to Begin in New Jersey

January 16, 2010

The maker of a popular treatment for severe acne will get a new trial, 10 months after the New Jersey Appellate Division struck down a $2.6 million verdict against it.

Hoffman-LaRoche, Inc., maker of Accutane, is alleged to have caused inflammatory bowel disease in some of the drug's users in a multi-district litigation proceeding in Atlantic County Superior Court. Andrew McCarrell was awarded $2.6 million in his lawsuit in 2007.

Continue reading "New Accutane Trial to Begin in New Jersey" »

Byetta Lawsuit Update Dallas Texas Attorney

January 15, 2010

Byetta (exenatide) is a type 2 diabetes drug that is used to control blood sugar levels. It is part of a class of medications known as incretin mimetics, which imitate natural hormones that lower blood glucose levels. Last month, the FDA expanded the use of Byetta to a stand-alone diabetes treatment, but insisted that warnings about the risk of pancreatitis from Byetta be added to the label and will require additional studies.

Continue reading "Byetta Lawsuit Update Dallas Texas Attorney" »

Yaz Side Effect Gallbladder MDL and Lawsuits

January 15, 2010

What happens to women after they get a cholecystectomy for gallstones after taking Yaz?

Bile is an important part of digesting fats, and following Yaz gallbladder removal surgery, problems can occur such as bloating and diarrhea. Bile is still produced by the liver, but now bile is continuously released in into the intestine. Problems can occur when eating a meal that is high in fat content since there may not be enough bile in the intestine to adequately handle the normal absorption process.

Continue reading "Yaz Side Effect Gallbladder MDL and Lawsuits" »

Fed Appeals Court Sends Ark Prempro Cases Back to Minn

January 15, 2010

A federal appeals court reinstated more than 100 lawsuits against drug companies filed by women or their surviving relatives who claimed that hormone replacement therapy caused breast cancer.

The 8th U.S. Circuit Court of Appeals in St. Louis overturned a 2008 district court ruling that had blocked almost all of the suits from being sent back to state court in Minnesota and dismissed most of the lawsuits that were being heard in Little Rock.

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FDA Calls Byetta Claims Misleading Dallas Byetta Attorney

January 14, 2010

The FDA has warned Amylin Pharmaceuticals that they have made false and misleading statements about the diabetes drug Byetta.

The FDA letter was sent to Amylin Pharmaceuticals, alerting the company that federal regulators were aware of statements made by representatives that provided misleading or false information about the benefits of their product.

Download the FDA Warning Letter here.
Download file

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Amgen’s, J&J’s Anemia Drugs Face FDA Advisory Review on Dose

January 14, 2010

Amgen Inc. and Johnson & Johnson face a review of their top-selling anemia drugs by an advisory panel for the U.S. Food and Drug Administration.

The FDA will ask its advisers to evaluate whether lower doses would avoid increased risks of blood clots and heart attacks in patients with chronic kidney disease. The panel was announced in a New England Journal of Medicine commentary.

Continue reading "Amgen’s, J&J’s Anemia Drugs Face FDA Advisory Review on Dose" »

MA Lawsuit Claims HP was Negligent in Laptop Fire

January 14, 2010

For John Norrie, the recall of his HP Pavilion Notebook computer came too late.

The laptop allegedly overheated, causing a fire that ripped through Norrie’s Plymouth MA home in November 2006 while he was sleeping. The house was destroyed and Norrie suffered serious injuries in the process of escaping.

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FDA Advisory Panel to Re-evaluate Amgen, J&J Anemia Drugs.

January 13, 2010

The Food and Drug Administration said Wednesday that it would review of the safety of the widely used anemia drugs sold by Amgen and Johnson & Johnson after another clinical trial suggested that high doses of one of the drugs might cause strokes.

Continue reading "FDA Advisory Panel to Re-evaluate Amgen, J&J Anemia Drugs." »

Do You Have a Texas Yaz Birth Control Claim?

January 13, 2010

YAZ is the Bayer Health Care brand name for the combination of drospirenone and ethinyl estradiol.

Each monthly prescription contains 24 active pills and 4 inactive pills. YAZ was widely prescribed for regulating menstrual periods, minimizing premenstrual syndrome (PMS), treating premenstrual dysphoric disorder (PMDD), preventing pregnancy, decreasing irritability and moodiness,and curing mild to moderate acne.

Very little information was available to the public regarding serious side effects until recently and YAZ quickly became the most prescribed oral contraceptive in the United States.

Continue reading "Do You Have a Texas Yaz Birth Control Claim?" »

Seroquel Plaintiffs Lose Diabetes Claim in Delaware

January 12, 2010

When we reviewed the litigation over AstraZeneca's antipsychotic Seroquel in June, there was debate over whether the litigation was a bust for the thousands of plaintiffs who'd filed suits claiming the drug caused their diabetes.

Delaware court judge, who had just tossed a Seroquel case on Daubert grounds, warned in his opinion that plaintiffs had yet to establish that link successfully. But plaintiffs lawyer Paul Pennock of Weitz & Luxenberg cautioned us to reserve judgment. "Far from going away, Seroquel is about to reveal AstraZeneca as one of the worst managers of a mass tort litigation in history," he said.

Read the full article here.

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Dallas Texas Yaz Gallbladder Disease

January 12, 2010

In 2006, Yaz was approved by the FDA as treatment for premenstrual dysphoric disorder (PMDD). It was the first birth control pill to gain such approval and women sufferers of severe PMS looked forward to relief from symptoms that affected their overall enjoyment of life.

About 5% of women suffer from premenstrual dysphoric disorder (PMDD), These women suffer from depression and anxiety. Yaz apparently relieves much of this and has been very popular since its introduction.

Then reports began to surface about the side effects...

Continue reading "Dallas Texas Yaz Gallbladder Disease" »

How Many Texas Yaz Injury Lawsuits Cases Are Out There?a

January 11, 2010

Several thousand lawsuits could be filed across the United States for serious and deadly injuries allegedly caused by the contraceptive Yaz and related drugs. These lawsuits are consolidated in Southern Illinois federal court, in East St Louis.

U.S. District Chief Judge David Herndon has the task of presiding over the lawsuits against Bayer Corp. The cases allege that the birth-control pills Yaz, Yasmin, and Ocella cause women to suffer increased risks of heart attack, stroke, blood clots, deep vein thrombosis, pulmonary embolism, gallbladder disease, among other life-threatening complications.

Read the full story here.
Get the Tweet here.

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Risperdal and Invega Lawsuits Filed Over Drug Side Effects

January 9, 2010

A Philadelphia law firm filed 10 lawsuits on behalf of boys and young men who developed serious side effects - including the growth of breasts - while taking the antipsychotic medications Risperdal and Invega.

The suits were filed in Philadelphia Court of Common Pleas. Lawyer Stephen Sheller said he expected to file an additional 20 to 30 similar cases in Philadelphia in the next two months. His firm also has 10 cases involving boys who took Risperdal and another medication pending in New Jersey.

Continue reading "Risperdal and Invega Lawsuits Filed Over Drug Side Effects" »

Pfizer Must Face Menopause-Drug Punitive Award

January 5, 2010

A Pfizer Inc. unit must face a $1.5 million damage award over one of its menopause drugs, a Pennsylvania appeals court ruled.

A Philadelphia trial judge erred in throwing out the jury verdict against Pfizer’s Pharmacia & Upjohn unit, the Pennsylvania Superior Court ruled today. The appellate court reinstated the damage award to Merle Simon, who contends Upjohn’s hormone-replacement drug Provera helped cause her breast cancer.

Continue reading "Pfizer Must Face Menopause-Drug Punitive Award" »

VA Woman Sues Pfizer Drug Company Over Breast Cancer

January 4, 2010

Tina Griffin says she was never really sick a day in her life, at least not until 2002.

While on a weekend vacation with friends, the Manassas Park resident found a lump in her right breast during her shower. She had been taking Premarin and Prempro, two hormone therapy drugs that have been under scrutiny for potentially causing breast cancer.

Continue reading "VA Woman Sues Pfizer Drug Company Over Breast Cancer" »

Four Dead After Toyota Car Crashes Into Southlake Pond

January 2, 2010

Four people died in December just after Christmas after their car flipped over into a six-foot-deep pond in Southlake.

Just before 11:20 a.m., the Toyota sedan drove through the intersection of Lonesome Dove Road and Burney Lane, crashed into a metal fence, hit a tree, and landed upside-down in a pond on the grounds of a mansion.

Read full story here.

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Ford Settles Explorer Suit as Jury Considers Damages

January 2, 2010

Already on the hook for the lion's share of a $17.7 million judgment and waiting for a decision from a jury that was out considering punitive damages, Ford Motor Co. decided to settle with a couple who sued following a Christmas 2005 wreck that left the woman paralyzed.

The agreement came after a Clayton County, Ga., jury ordered Ford on Dec. 18 to pay more than $16 million of the judgment to compensate for what the plaintiffs argued were design defects in the 2002 Explorer sport utility vehicle in which the woman was a passenger.

Continue reading "Ford Settles Explorer Suit as Jury Considers Damages" »

Dallas Texas Yasmin Yaz MDL Litigation Gaining Momentum

December 30, 2009

Federal judge Herndon, who is presiding over the consolidated MDL litigation over Yaz and Yasmin birth control product liability cases, indicated that both sides in the case are working to move the litigation at a fast pace, which is keeping with the Court’s desire for the cases to “move along efficiently and effectively.”

In September, the U.S. Judicial Panel on Multidistrict Litigation ordered that all federal court Yaz litigation and Yasmin litigation, involving claims that the popular birth control pills increase the risk of blood clots and other injuries, be consolidated and coordinated for pretrial litigation in the U.S. District Court for the Southern District of Illinois as part of an MDL, or multidistrict litigation.

Read all of the orders and progress of the MDL cases here.

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Toyota did not Disclose Potential Safety Problems

December 29, 2009

A Times investigation shows the world's largest automaker has delayed recalls and attempted to blame human error in cases where owners claimed vehicle defects.

During a routine test on its Sienna minivan in April 2003, Toyota Motor Corp. engineers discovered that a plastic panel could come loose and cause the gas pedal to stick, potentially making the vehicle accelerate out of control.

The automaker redesigned the part and by that June every 2004 model year Sienna off the assembly line came with the new panel. Toyota did not notify tens of thousands of people who had already bought vans with the old panel.

Read the full story here.

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FDA Says 'Unlikely' That Vytorin, Zetia Increase Cancer Risk

December 27, 2009

The U.S. Food and Drug Administration said it's "unlikely" Merck & Co.'s cholesterol drugs Vytorin and Zetia increase the risk of cancer or cancer-related death.

Still, the FDA said it can't "definitively" rule out that the drugs may be associated with increased cancer risk.

"Based on the currently available information, FDA believes it is unlikely that Vytorin or Zetia increase the risk of cancer or cancer-related death, but at this time an association cannot be definitively ruled out," the agency said in a posting on its Web site.

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Pfizer Jury Said to Set Prempro Punitive Damages at $8 M

December 26, 2009

Jurors said in 2007 that a Pfizer Inc. unit should pay more than $8 million in punitive damages to a woman who blamed the company’s menopause drugs for her breast cancer.

A Philadelphia jury in January 2007 awarded Mary Daniel compensatory damages of $1.5 million in her lawsuit against Pfizer’s Wyeth subsidiary over its Prempro menopause treatment. The panel recommended she get more than $8 million in punitive damages if an appeals court found she was entitled to such an award because of bad conduct by the company.

Read the full Bloomberg report here.

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Prempro Litigation and Menopause

December 18, 2009

American women in the 1990s were told they could help their bodies ward off major illness by taking menopausal hormone drugs. Some medical associations said so. Many gynecologists and physicians said so. Respected medical journals said so, too.

Along the way, television commercials positioned hormone drugs as treatments for more than hot flashes and night sweats — just two of the better-known symptoms of menopause, which is technically defined as commencing one year after a woman’s last menstrual cycle.

One commercial about estrogen loss by the drug maker Wyeth discussed research into connections between menopause and heart disease, Alzheimer’s disease and blindness.

Continue reading "Prempro Litigation and Menopause" »

Glaxo Said to Have Paid $1 Billion in Paxil Suits

December 16, 2009

GlaxoSmithKline Plc has paid almost $1 billion to resolve lawsuits over Paxil since it introduced the antidepressant in 1993, including about $390 million for suicides or attempted suicides said to be linked to the drug, according to court records and people familiar with the cases.

As part of the total, Glaxo, so far has paid $200 million to settle Paxil addiction and birth-defect cases and $400 million to end antitrust, fraud and design claims, according to the people and court records.

Continue reading "Glaxo Said to Have Paid $1 Billion in Paxil Suits " »

New Orleans Saints coach Sean Payton is Lead Plaintiff in Chinese Drywall Suit

December 14, 2009

Saints coach Sean Payton is the lead plaintiff in a 591-page class action lawsuit against Knauf Plasterboard Tainjin Co. Ltd., a Chinese company that manufactured drywall that is believed to be corroding homes and making people sick.

The suit, filed in U.S. District Court in New Orleans on behalf of people with this particular brand of drywall, attempts to give some scope to the problem of defective drywall as both plaintiffs and defendants figure out how many people are affected and much it will cost to repair damage.

Continue reading "New Orleans Saints coach Sean Payton is Lead Plaintiff in Chinese Drywall Suit" »

Bayer Must Pay Farmers for Contaminated Rice Crop

December 9, 2009

Bayer CropScience LP must pay about $2 million for losses sustained by two Missouri farmers when an experimental variety of rice the company was testing cross-bred with their crops, a federal jury ruled.

The verdict in St. Louis came in the first trial in what is intended to be a series of test cases against the unit of Leverkusen, Germany-based Bayer AG. The jury of four men and five women began deliberating on Dec. 2, about a month after it began hearing claims brought by Kenneth Bell and Johnny Hunter.

Continue reading "Bayer Must Pay Farmers for Contaminated Rice Crop " »

Fort Worth Texas Yaz Yasmin Birth Control Lawsuit Update

December 7, 2009

After 13 hours of intensifying pain, two trips to the emergency room and two CT scans, doctors finally found what was ailing Lottie Green.

In her left lung, the pulmonologist told her, was the largest blood clot they had ever seen and there were others in her right lung as well, she said.

Soon after the 41-year-old Bethesda, Md., resident was released from a hospital last month, Ms. Green joined hundreds of other women in lawsuits against Germany's Bayer AG, the maker of the popular oral contraceptive Yaz.

Continue reading "Fort Worth Texas Yaz Yasmin Birth Control Lawsuit Update" »

FDA Review Says MRI Imaging Drugs That Contain Gadolinium Riskier for Kidney Patients

December 6, 2009

The U.S. Food & Drug Administration is weighing further regulation of three drugs used to create high-contrast images on MRI scans, based on a new analysis that suggests they carry a higher risk of causing a rare, but potentially fatal disease.

The issue, marks a setback for GE Healthcare (GE), which contends that its product is no riskier than competing imaging drugs. FDA reviewers said GE's drug, Omniscan, had a disproportionately high number of reports of the disease compared with its peers.

Continue reading "FDA Review Says MRI Imaging Drugs That Contain Gadolinium Riskier for Kidney Patients " »

Public Citizen Asks FDA to Ban Weight Loss Pill

December 5, 2009

A consumer advocacy group is petitioning the government to ban the weight loss pill Meridia because a recent study suggests it increases risk of heart attack, stroke and death.

A letter Thursday from Public Citizen calls on the Food and Drug Administration to pull Abbott Laboratories' drug from the U.S. market, where it is used by roughly a quarter million people.

Preliminary results from a 10,000-patient study — known as the SCOUT study — showed a slightly higher risk of heart-related problems in patients taking Meridia, also called sibutramine, compared with a dummy pill. Patients in the study were older than 55, overweight with a history of heart disease or diabetes.

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Asbestos Mesothelioma Payout System is Being Questioned

December 4, 2009

Once upon a time, asbestos was practically everywhere. Because the material causes devastating forms of cancer and lung disease, huge product-liability litigation sprung up. That led to huge settlements, which led to the establishment of huge trusts, created to assure payment to millions of current and future claimants.

Some $20 billion now resides in these 40 or so trusts, set up by Johns Manville Corp., Owens Corning and other former makers and sellers of asbestos. But who’s overseeing the trusts? Is the money getting spent properly? In short, are the trusts working as designed?

Continue reading "Asbestos Mesothelioma Payout System is Being Questioned" »

Supreme Court Allows $82.6M Award in SUV Rollover

December 3, 2009

The Supreme Court has left in place an $82.6 million award to a woman who was paralyzed after her Ford Explorer rolled over.

The justices rejected Ford Motor Co.'s challenge to the portion of the award, $55 million, that was intended as punitive damages. Ford argued that it should not be punished because its design of the vehicle met federal safety standards.

A California state appeals court earlier rejected Ford's contention and upheld the award to Benetta Buell-Wilson.

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WA Supreme Court Reinstates $8M Award Against Hyundai

December 1, 2009

The state Supreme Court reinstated an $8 million default judgment against Hyundai Motor Co. in a lawsuit over the backward collapse of a front seat in a 1997 crash that left a man paralyzed.

In a 7-2 ruling, the high court reversed the Court of Appeals, which had overturned a trial court's finding for Jesse Magana of Vancouver.

The justices said the South Korean automaker deliberately withheld documentation from Magana's lawyers for too long concerning other crashes in which front seats collapsed backward.

"Trial courts need not tolerate deliberate and willful discovery abuse," wrote the majority. "This result appropriately compensates the other party, punishes Hyundai, and hopefully educates and deters others so inclined."

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Federal Safety Regulators Announce New Crib Recall

November 30, 2009

The head of the Consumer Product Safety Commission conceded that the agency “hasn’t been acting as quickly as it should” on crib safety problems.

More than 2.1 million drop-side cribs by Stork Craft Manufacturing of Canada are being recalled following reports of four infant suffocations. The CPSC said the recall involves 1.2 million cribs in the United States and almost 1 million in Canada, where Stork Craft is based. Sales of the cribs being recalled go back to 1993 and nearly 150,000 of the cribs carry the Fisher-Price logo.

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Federal Lawsuit Dismissed Over Merck's Fosamax

November 29, 2009

A federal judge has dismissed a lawsuit alleging that Merck osteoporosis drug Fosamax causes jaw damage, more than two months after a jury deadlocked in a case involving a similar claim.

U.S. District Judge John Keenan found that Bessie Flemings, 74, a Mississippi resident, failed to present enough evidence to show that her use of Fosamax caused osteonecrosis of the jaw, or the death of jawbone tissue.

Keenan said Flemings' case was the second "bellwether" trial in nationwide litigation over Fosamax, which has spawned close to 900 lawsuits.

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Philip Morris Ordered to Pay $300 M to Smoker

November 26, 2009

A Florida jury ordered cigarette maker Philip Morris USA to pay $300 million in damages to a 61-year-old ex-smoker named Cindy Naugle who is wheelchair-bound by emphysema.

The Broward Circuit Court jury assessed $56.6 million in past and future medical expenses against the company, part of Altria Group Inc, as well as $244 million in punitive damages.

The verdict is the largest of the so-called Engle progeny cases that have been tried so far, both sides said.

Philip Morris will seek further review of the verdict because of "numerous erroneous rulings by the trial judge," Philip Morris spokesman Murray Garnick said in a statement.

Continue reading "Philip Morris Ordered to Pay $300 M to Smoker" »

Pfizer Must Pay $6 M in Damages Over Prempro

November 24, 2009

Two Pfizer Inc. units’ hormone- replacement therapy drugs caused an Illinois woman’s breast cancer, making them liable for at least $6.3 million in damages, a Philadelphia jury ruled.

Jurors found that the combination of Wyeth’s Prempro and Pharmacia & Upjohn’s Provera menopause drugs was a substantial contributing factor in Donna Kendall’s breast cancer. Kendall, 66, had a double mastectomy in 2002 after taking the hormone-replacement drugs for 11 years.

The panel will hear evidence Nov. 23 on whether Wyeth and Upjohn should pay punitive damages over their handling of the drugs. Wyeth has lost six of nine jury verdicts, including the last four in a row, over the drugs since 2006. This is Upjohn’s third loss at the jury stage. A trial judge threw out one verdict and another is on appeal.

Continue reading "Pfizer Must Pay $6 M in Damages Over Prempro " »

FDA Orders Change to Pain Pump Warning Labels.

November 23, 2009

Federal regulators are demanding changes to labels on devices that deliver pain killers directly to joints after surgery, in response to numerous reports of irreversible cartilage damage.

The Food and Drug Administration said from 2006 to 2008 it received 35 reports of severe cartilage damage in patients who were given pain pumps after joint surgery. Nearly all the reports involved patients who had shoulder surgery; more than half needed additional surgery, including joint replacement.

Companies making pain pumps include I-Flow Corp. and Stryker Corp. Makers of the anesthetics used in pain pumps, such as APP Pharmaceuticals Inc. and Hospira Inc., will also have to update their labels. The firms have 30 days to propose language that includes a warning about the potential for cartilage destruction, according to the FDA.

Continue reading "FDA Orders Change to Pain Pump Warning Labels." »

Updated Findings from the Chinese Drywall Report

November 17, 2009

The Chinese drywall product liability complaint is now nearly a year old. And while incidents of Chinese drywall being installed in homes have all but stopped, complaints of bloody noses, sinus infections and vomiting spells for pets and people, widespread corrosion and blackening of copper tubing and wiring and "rotten egg" smell continue to escalate. Last spring, the U.S. Consumer Product Safety Commission conducted 44 investigations into consumer complaints about drywall.

Continue reading "Updated Findings from the Chinese Drywall Report" »

Study Confirms Increased Blood Clot Risks With Erythropoiesis-Stimulating Drugs

November 16, 2009

Cancer patients who took drugs to cut the risk of anemia were twice as likely to develop blood clots in the lungs or legs as other patients, a decade-long study of more than 55,000 cancer patients has found.

The study adds to mounting evidence that the risks of the commonly used drugs -- known as erythropoiesis-stimulating agents or ESAs -- may outweigh the benefits.

ESAs stimulate bone marrow to increase the production of red blood cells. They were first approved in cancer patients in 1991 to reduce the number of blood transfusions needed during chemotherapy.

Continue reading "Study Confirms Increased Blood Clot Risks With Erythropoiesis-Stimulating Drugs" »

Dallas Yaz Lawsuit Plaintiffs’ Steering Committee Appointed

November 13, 2009

There is progress to report in the Yaz and Yasmin multidistrict litigation (MDL No. 2100) currently underway in U.S. District Court for the Southern District of Illinois. Judge David Herndon, who is overseeing the Yaz and Yasmin MDL, has appointed members to the Plaintiffs’ Steering Committee.

The Plaintiffs’ Steering Committee was appointed by Judge Herndon in an Order dated November 10, 2009.

Dr Shezad Malik will be working closely with the members of the Plaintiffs’ Steering Committee.

Continue reading "Dallas Yaz Lawsuit Plaintiffs’ Steering Committee Appointed" »

KTLA: Yaz, Yasmin Birth Control Users Report Serious Problems

November 13, 2009

KTLA TV in Los Angeles just ran an investigation and news article into Yaz and Yasmin side effects that folks may be interesting in watching.

Click here for the link.

Read the full article here.

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Data From Studies of Pfizer Neurontin Drug May Have Been Altered

November 13, 2009

Researchers say trials of Pfizer Inc.’s Neurontin epilepsy treatment for uses that were not yet approved may have been altered to emphasize favorable results.

Comparisons of internal company documents with published data from 12 clinical trials found inconsistencies between data that made it into the medical journals and findings from the original trials, according to a report in the New England Journal of Medicine. Discrepancies included reports of positive results from trials that were initially found to be negative, and primary study goals reported as secondary study goals.

Continue reading "Data From Studies of Pfizer Neurontin Drug May Have Been Altered" »

Toyota Lawsuits by Consumers Over Sudden Acceleration of Vehicles

November 11, 2009

- Toyota Motor Corp. has failed to correct a problem with the throttle control system on some of its vehicles, causing them to suddenly accelerate, lawyers for consumers said in a lawsuit.

Los Angeles residents Seong Bae Choi and Chris Chan Park, who claim they experienced multiple instances of unintended acceleration, filed the suit as a class action on Nov. 5, seeking to represent all U.S. owners of certain Toyota and Lexus models.

Toyota last month said it would recall as many as 3.8 million vehicles including Lexus ES luxury cars, Camry sedans and Prius hybrids over a potential flaw in which floor mats shifting out of position could jam the accelerator pedal. The mats aren’t the problem, according to the plaintiff’s lawyer.

Continue reading "Toyota Lawsuits by Consumers Over Sudden Acceleration of Vehicles" »

Dallas Texas Yaz Update: Mass Tort Status for Suits Over Yaz, Yasmin

November 10, 2009

The New Jersey judiciary is considering a request from Passaic County judge for mass tort status for suits alleging strokes and other serious health problems from the oral contraceptives Yaz, Yasmin and Ocella.

With 13 suits filed in his court, Assignment Judge Donald Volkert Jr. wrote to Acting Administrative Director of the Courts Glenn Grant on Oct. 22 that "the case management and potential trial of this particular litigation would place a fairly substantial strain on our already limited resources."

There are 26 suits against the contraceptives' manufacturers pending in other counties, and Volkert said plaintiffs lawyers have told him the number could reach 1,000.

In a notice to the bar, the Administrative Office of the Courts says it will accept public comments until Dec. 31 on the proposal to centralize the cases in Atlantic, Bergen or Middlesex counties, where mass torts are heard.

Continue reading "Dallas Texas Yaz Update: Mass Tort Status for Suits Over Yaz, Yasmin" »

Light Cigarettes may not help Smokers Quit

November 9, 2009

Smokers who want to quit and think a good first step is to switch to light or low-tar cigarettes are making a big mistake. A study has found that those smokers instead have about a 50% lower chance of giving up smoking.

The research, published in the November issue of Tobacco Control, analyzed survey data from about 31,000 smokers who were asked whether they had switched to a milder or low-tar brand of cigarettes and the reasons for the switch. They were queried about whether they had tried to give up smoking and if they could currently call themselves nonsmokers. Those who switched brands were 58% more likely to have attempted to give up smoking than those who stayed with one brand but were 60% less likely to successfully quit.

Continue reading "Light Cigarettes may not help Smokers Quit" »

FDA: All-Natural Sex Pill Contains Viagra Chemical

November 8, 2009

The US food and drug safety watchdog warned that an over-the-counter men's sex aid, labeled as all-natural, contains a chemical similar to the active ingredient in Viagra and could be dangerous.

Stiff Nights, a product marketed as a dietary supplement for sexual enhancement, contains an ingredient that can dangerously lower blood pressure and is illegal," the Food and Drug Administration (FDA) said in a statement. Read the full statement here.

The FDA began probing Stiff Nights after receiving a customer complaint about the product. The agency did not reveal the nature of the complaint.

The investigation found that rather than being all-natural, Stiff Nights contains sulfoaildenafil, a chemical similar to the ingredient in Viagra.

Continue reading " FDA: All-Natural Sex Pill Contains Viagra Chemical" »

CPSC finds Chinese Drywall has High Levels of Sulfur and Strontium.

November 7, 2009

Federal investigators reported that imported Chinese drywall that homeowners have linked to health problems and odors had higher levels of some chemicals than its domestic counterparts.

The investigators, however, were unable to link the chemicals, sulfur and strontium, to the health problems and smells in thousands of homes built during the recent housing boom, and said further testing was under way to determine any possible connection.

The preliminary findings are part of a larger study by federal agencies, including the Consumer Product Safety Commission and the Environmental Protection Agency, into complaints from nearly 2,000 homeowners that their recently built homes emit odors and cause nosebleeds and respiratory problems. The owners also say their electrical appliances have failed and their wiring has corroded. It has been estimated that more than 60,000 homes could have the imported drywall. Large amounts of Chinese drywall were imported over the last few years when domestic supplies ran short. An estimated seven million sheets made in China were used as a substitute. Most of the complaints come from Florida, Virginia and Louisiana, where the widespread destruction after hurricanes lead to rapid rebuilding of damaged homes.

Continue reading "CPSC finds Chinese Drywall has High Levels of Sulfur and Strontium." »

Pfizer Jury to Award $75 M Prempro Verdict to Woman

November 6, 2009

Pfizer Inc. must pay about $75 million in punitive damages to an Illinois woman who developed cancer after taking one of the drugmaker’s menopause treatments.

A Philadelphia jury ordered Pfizer’s Wyeth unit on Oct. 26 to pay the bad-conduct award, which is about 20 times larger than the $3.7 million in actual damages the panel awarded to Connie Barton over her use of Wyeth’s Prempro menopause drug, according to people with direct knowledge of the verdict.

A judge ordered Barton’s punitive-damage award sealed at Wyeth’s request until the trial of another Prempro lawsuit in the same courthouse is completed. Lawyers in that case say jurors won’t start deliberating on that suit’s claims for another three weeks.

Continue reading "Pfizer Jury to Award $75 M Prempro Verdict to Woman " »

Wyeth to Face New Trial on Punitive Damages in Prempro Hormone Replacement Case

November 5, 2009

Donna Scroggin had a hormone replacement product liability suit against Wyeth and Upjohn and at the spring 2008 trial her claim that the drug companies failed to warn of the increased risk of breast cancer resulting from their estrogen and progestin products, a federal district court jury awarded the breast cancer survivor $2.75 million in compensatory damages. In the second phase of trial, the jury hit Upjohn with about $8 million in punitive damages, and Wyeth with $19 million.

After post-trial motions, the judge upheld the jury's liability finding and $2.75 million compensatory damages verdict against Wyeth and Upjohn. But he struck the testimony of Scroggin's punitive damages expert and vacated the punitive damages awards against the drug companies.

Read the opinion here.

Continue reading "Wyeth to Face New Trial on Punitive Damages in Prempro Hormone Replacement Case" »

Rapid Weight Gain Associated With Antipsychotic Drugs

November 3, 2009

Young children and adolescents who take the newest generation of antipsychotic medications risk rapid weight gain and metabolic changes that could lead to diabetes, hypertension and other illnesses, according to the biggest study yet of first-time users of the drugs.

The study, to be published in The Journal of the American Medical Association, found that 257 young children and adolescents in New York City and on Long Island added 8 to 15 percent to their weight after taking the pills for less than 12 weeks.

Continue reading "Rapid Weight Gain Associated With Antipsychotic Drugs " »

Amylin, Lilly’s Byetta Gets Stronger Safety Warning

November 3, 2009

Amylin Pharmaceuticals Inc. and Eli Lilly & Co. said safety warnings were strengthened for their diabetes drug Byetta relating to the risks of pancreatitis and the medicine’s use by patients with severe kidney disease.

Patients with “severe kidney problems” shouldn’t take Byetta and the treatment should be “used with caution” in people who have had a kidney transplant, San Diego-based Amylin and Indianapolis-based Lilly said in a statement. The companies also said U.S. regulators approved the use of the drug as a stand-alone medication for adults with Type 2 diabetes.

Six patients taking Byetta died in August 2008 from pancreatitis, an inflamed pancreas. A safety alert was issued by the Food and Drug Administration though Amylin said no evidence directly linked the drug to the deaths. The revised language reflects the concerns raised by the FDA a year ago, according to Amylin’s medical director.

Continue reading "Amylin, Lilly’s Byetta Gets Stronger Safety Warning " »

Anemia Drug Raises Stroke Risk in Kidney Patients

November 2, 2009

A drug designed to fight anemia appears to double the risk of stroke in patients with diabetes and kidney disease without substantially improving their quality of life, a new study finds.

Darbepoetin alfa, marketed as Aranesp and known as an erythropoiesis-stimulating agent (ESA), is often prescribed for diabetic patients with chronic kidney disease and mild anemia.

"The benefits we assumed we would have by treating anemia were less striking and the risks were more striking," said lead researcher Dr. Marc A. Pfeffer, a professor of medicine in the cardiovascular division of Brigham and Women's Hospital in Boston.

"This provides new data for doctors and patients to make their own risk-benefit assessment," he said. "There was a perception that treating anemia would make people feel so much better that we'll take risks, but the benefit in quality of life was not as great as we thought, and there was a clear doubling of your risk for a stroke."

Continue reading "Anemia Drug Raises Stroke Risk in Kidney Patients" »

AstraZeneca Pays $520 M to Settle Seroquel Whistle Blower Cases

November 2, 2009

The pharmaceutical company AstraZeneca said that it had reached a $520 million agreement to settle two federal investigations and two whistle-blower lawsuits over the sale and marketing of its blockbuster psychiatric drug Seroquel.

One of the investigations related to “selected physicians who participated in clinical trials involving Seroquel,” AstraZeneca disclosed in a government filing. The other case related to off-label promotion of the drug.

As a result of aggressive marketing, Seroquel has been increasingly used for children and elderly people for indications not approved by the Food and Drug Administration. Doctors are permitted to prescribe any approved drug for off-label uses.

Seroquel was the top-selling antipsychotic drug in America. It had $17 billion in sales in the United States since 2004, according to IMS Health, a research firm.

Continue reading "AstraZeneca Pays $520 M to Settle Seroquel Whistle Blower Cases " »

Appeals Court Reverses $24.2 M Verdict in Asbestos Mesothelioma Case

October 30, 2009

The 3rd District Court of Appeal reversed a $24.2 million verdict Wednesday, striking a Miami-Dade jury award to a Weston, Fla., surgeon who claimed asbestos exposure caused his terminal cancer.

In a unanimous unsigned opinion, the three-judge panel remanded the products liability lawsuit by Dr. Stephen Guilder against Honeywell International and ordered a new trial.

Guilder won one of the highest compensatory damage awards against a single defendant in a mesothelioma case in April 2008. He died before the appeal was decided.

He claimed he developed the rare peritoneal mesothelioma from exposure to asbestos by remodeling an attic, working in road construction and repairing cars in the 1970s and 1980s.

Continue reading "Appeals Court Reverses $24.2 M Verdict in Asbestos Mesothelioma Case" »

Pfizer Unit’s Prempro Punitive Damages Verdict Remains Secret

October 27, 2009

A Pfizer Inc. unit must pay an undisclosed amount of punitive damages to an Illinois woman who developed breast cancer after taking one of the drugmaker’s menopause treatments, according to a Philadelphia jury.

Jurors deliberated 25 minutes before finding Pfizer’s Wyeth subsidiary was responsible for paying an award to Connie Barton. The specific amount of the award was sealed by the trial judge immediately after it was returned.

Continue reading "Pfizer Unit’s Prempro Punitive Damages Verdict Remains Secret " »

Philip Morris Has to Fund Medical Monitoring Tests for Smokers

October 27, 2009

The state’s high court said that cigarette maker Philip Morris USA may have to pay for diagnostic chest exams so smokers can get early warning they have developed lung cancer, possibly opening a new front in tobacco liability lawsuits.

In a unanimous ruling, the Supreme Judicial Court said Massachusetts law has an antiquated definition of negligence. Historically, plaintiffs had to show explicit injury, such as a broken leg, before the other party can be ordered to pay for diagnostic tests.

Writing for the court, Justice Spina said that such legal thinking must change. “We must adapt to the growing recognition that exposure to toxic substances and radiation may cause substantial injury, which should be compensable, even if the full effects are not immediately apparent,’’ he wrote.

Continue reading "Philip Morris Has to Fund Medical Monitoring Tests for Smokers" »

More Suits Against Bayer Corporation on Behalf of Victims of the Yaz Birth Control Pill

October 27, 2009

Two more lawsuits on behalf of young women injured by the Yaz birth control pill. Yaz, as well as its precursor, Yasmin, have been associated with life-threatening cardiac events in some women, including heart attacks, blood clots and strokes. Both lawsuits were filed in the United States District Court for the Southern District of New York (Docket Nos. 09-CIV-8931 and 09-CIV-8843).

The Yaz lawsuits were filed on behalf of Judith M. Woodall and Tasha Marcell. The complaints allege that both women sustained severe and permanent personal injuries, pain, suffering, and emotional distress as a result of their use of Yaz. More specifically, according to her lawsuit, Ms. Woodall, a resident of Tennessee, first began using Yaz in approximately November 2008. That same month, she suffered a saddle pulmonary embolus and deep vein thrombosis.

Ms. Marcell, a resident of Georgia, began taking Yaz in October 2007. She also suffered a pulmonary embolism and deep vein thrombosis shortly after she began using the medication.

Continue reading "More Suits Against Bayer Corporation on Behalf of Victims of the Yaz Birth Control Pill" »

Toyota's runaway-car worries may not stop at floor mats

October 26, 2009

A fatal accident in San Diego raises the question: Might a vehicle's complex electronic features make it hard for drivers to react quickly when accelerating out of control?

The 2009 Lexus ES 350 shot through suburban San Diego like a runaway missile, weaving at 120 miles an hour through rush hour freeway traffic as flames flashed from under the car.

At the wheel, veteran California Highway Patrol Officer Mark Saylor desperately tried to control the 272-horsepower engine that was roaring at full throttle as his wife, teenage daughter and brother-in-law were gripped by fear.

"We’re in trouble. . . . There’s no brakes," Saylor's brother-in-law Chris Lastrella told a police dispatcher over a cellphone. Moments later, frantic shrieks filled the car as it slammed into another vehicle and then careened into a dirt embankment, killing all four aboard.

Continue reading "Toyota's runaway-car worries may not stop at floor mats" »

Nurse Alleges Dangerous Yaz Birth Control Drug "Altered My Life"

October 25, 2009

Candice Atkinson filed a personal injury lawsuit against Bayer Corporation and Bayer Healthcare Pharmaceuticals, Inc., for severe side effects from the prescription birth control drug Yaz, manufactured and marketed by Bayer. The complaint was filed in the Superior Court of New Jersey, where Bayer Healthcare Pharmaceuticals, Inc., is located.

Candice Atkinson was prescribed Yaz to treat acne skin condition, and the South Carolinian developed life-threatening blood clots and other serious side effects

Continue reading "Nurse Alleges Dangerous Yaz Birth Control Drug "Altered My Life"" »

U.S. to Press China on Drywall Litigation

October 24, 2009

The chairman of the Consumer Product Safety Commission said she would ask China to help pay for the billions of dollars in damage to U.S. homes blamed on Chinese-made drywall.

"I will find out if any discussions are going on in China about the costs, are they prepared to participate in providing funds, and what would it take for that to occur," CPSC Chairman Inez Tenenbaum said ahead of a trip to China next week for a biennial U.S.-China consumer product safety summit.

Continue reading "U.S. to Press China on Drywall Litigation" »

Jury Awards $13.5 M in Product Liability Faulty-Fan Death

October 23, 2009

A Philadelphia jury has issued a $13.5 million verdict against Lasko Products Inc., a West Chester fan manufacturer, after a defective fan motor sparked a 2005 house fire in Mount Airy that killed a 7-year-old boy.

The award was issued after a 13-day trial in the death of Joshua Foster, who was killed on June 14, 2005, when a fan in his mother's bedroom triggered a blaze in the home. The child died of burns and smoke inhalation.

The fire was caused by a faulty Chinese-made motor in the portable fan, built in 2000, and the defect in the model was discovered in 1999.

Continue reading "Jury Awards $13.5 M in Product Liability Faulty-Fan Death" »

Zometa Lawsuit Against Novartis Pharmaceuticals Underway

October 19, 2009

A lawsuit against a Swiss pharmaceutical company went to trial last week in Missoula, but a verdict in the case could have national significance for hundreds of plaintiffs suing the company in a mass tort.

Peggy L. Stevens of Missoula filed suit against Novartis Pharmaceuticals Corp. last year, alleging the company was professionally negligent when it failed to disclose health risks associated with one of its medications.

Stevens, who has lymphoma, developed severe dental and jaw-related problems after taking Zometa, a bone-strengthening medication manufactured by Novartis. Her attorneys say the company knew patients taking Zometa were vulnerable to a degenerative jaw disorder called osteonecrosis, particularly those patients who undergo invasive dental procedures, like root canals or tooth extractions.

Continue reading " Zometa Lawsuit Against Novartis Pharmaceuticals Underway" »

Zometa Lawsuit Against Novartis Pharmaceuticals Underway

October 19, 2009

A lawsuit against a Swiss pharmaceutical company went to trial last week in Missoula, but a verdict in the case could have national significance for hundreds of plaintiffs suing the company in a mass tort.

Peggy L. Stevens of Missoula filed suit against Novartis Pharmaceuticals Corp. last year, alleging the company was professionally negligent when it failed to disclose health risks associated with one of its medications.

Stevens, who has lymphoma, developed severe dental and jaw-related problems after taking Zometa, a bone-strengthening medication manufactured by Novartis. Her attorneys say the company knew patients taking Zometa were vulnerable to a degenerative jaw disorder called osteonecrosis, particularly those patients who undergo invasive dental procedures, like root canals or tooth extractions.

Continue reading " Zometa Lawsuit Against Novartis Pharmaceuticals Underway" »

Dallas Texas Yaz Lawsuits and Side Effects

October 18, 2009

The United States Judicial Panel on Multidistrict Litigation issued its order on October 1, 2009, establishing MDL No. 2100 for individual lawsuits filed by women who have been injured as a result of their ingestion of Yasmin, Yaz and Ocella oral contraceptive products. All of the cases pending in federal courts will be transferred to the Southern District of Illinois. The initial transfer order includes 32 cases that have been filed by patients in California, Georgia, New York, Ohio, Pennsylvania, Puerto Rico, and Wisconsin.

All of the cases involve allegations that the popular birth control pills containing the new progestin drospirenone increase the risk of serious life-threatening health problems, such as heart attacks, strokes, pulmonary embolisms, deep vein thrombosis, gallbladder disease and sudden death from Yaz or Yasmin.

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GlaxoSmithKline Buried Paxil Birth Defect Reports, Jury told

October 18, 2009

In the first Paxil birth defect case to go to trial, jurors heard testimony late last month that manufacturer GlaxoSmithKline (GSK) was aware of reports of birth defects from mothers who took the antidepressant while pregnant but withheld the information from the FDA and consumers. (Kilker v. SmithKline Beecham Corp., No. 070201813 (Pa., Philadelphia Co. Com. Pleas filed Feb. 20, 2007).).

In his opening statement, Sean Patrick Tracey of Houston told the jurors that they would see internal GSK documents that would show the company had reports of Paxil-related congenital abnormalities that go back to the drug’s entry into the market in 1993. These were documents previously under seal that “the FDA hasn’t seen, the United States Congress hasn’t seen, and that no jury has ever laid their eyes on before,” he said.

Tracey said one of the documents would show that a GSK official discussed “burying” negative studies linking Paxil to birth defects. Another would show that GSK told officials to avoid disclosing the risks. “GSK said if there is any doubt, take it out,” he told the jury.

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Paxil Birth Defects Trial Now Waiting for Jury’s Verdict

October 18, 2009

The first of more than 600 lawsuits claiming the makers of the antidepressant Paxil hid evidence that its drug caused birth defects in order to boost profits is now waiting for a Philadelphia jury's verdict.

The lawsuit involves allegations from Michelle David, who claims drug maker GlaxoSmithKline concealed negative study results linking Paxil to a life-threatening heart malformation in newborns of women who took the drug during pregnancy. The company marketed Paxil for treating pregnant women with anxiety, despite knowing about the apparent connection to birth defects, David contends.

David took Paxil while pregnant with her son, Lyam Kilker, who was born with life-threatening heart defects. The boy is now four and has fully recovered after being hospitalized as a newborn and undergoing multiple surgeries to repair his heart.

Glaxo’s lawyers argued during the trial that there is not sufficient evidence to prove that use of Paxil caused Lyam’s birth defects.

Continue reading "Paxil Birth Defects Trial Now Waiting for Jury’s Verdict" »

Statute of Limitations for Texas Yaz Product Liability Lawsuits

October 18, 2009

Yaz, manufactured by Bayer Healthcare Pharmaceuticals, Inc., is a combination birth control pill containing drospirenone and ethinyl estradiol. Yaz is marketed not only as a contraceptive pill, but as a proven treatment for premenstrual dysphoric disorder (PMDD), a condition with severe emotional and physical premenstrual symptoms. Yaz also is marketed as an effective treatment for moderate acne.

The YAZ birth control pill, manufactured and marketed by Bayer Pharmaceuticals has been linked to a number of serious, life-threatening side effects.

There is a limited period of time in which to bring a Texas Yaz lawsuit. This time period is referred to as a “statute of limitations”. If Yaz lawsuits are not filed before the statutory deadline you may lose the right to bring a claim for compensation.

A statute of limitations is a law that limits the amount of time a person has to file a lawsuit. There are several factors that affect the statutory deadline for filing your Yaz lawsuit. Some of these factors include:

The state where the injury occurred, the type of injury, the state where the lawsuit is filed, the age of the person bringing the lawsuit, whether the claim is a wrongful death lawsuit.

Continue reading "Statute of Limitations for Texas Yaz Product Liability Lawsuits" »

Home Insurers Discontinuing Chinese Drywall Policies

October 16, 2009

The Ivory family's dreams of a relaxing retirement on Florida's Gulf Coast were put on hold when they discovered their new home had been built with Chinese drywall that emits sulfuric fumes and corrodes pipes. It got worse when they asked their insurer for help — and not only was their claim denied, but they've been told their entire policy won't be renewed.

Thousands of homeowners nationwide who bought new houses constructed from the defective building materials are finding that insurers drop policies or send notices of non-renewal based on the presence of the Chinese drywall.

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Yaz / Yasmin MDL Consolidation Update

October 16, 2009

A panel of judges ordered that all federal lawsuits over problems with Yaz and Yasmin birth control pills will be consolidated into an MDL, or multidistrict litigation, for pretrial proceedings in the Southern District of Illinois.

This is not a Yaz / Yasmin class action. Each Yaz lawsuit or Yasmin lawsuit will remain an individual claim and if a settlement is not agreed upon during pretrial litigation, each plaintiff will still have a jury will determine the amount of damages they are entitled to in their case.

Read the JPML Order here.

MDL No. 2100 -- IN RE: Yasmin and Yaz (Drospirenone) Marketing and Sales Practices and Products Liability Litigation -- Assigned To Southern District of Illinois.

Continue reading "Yaz / Yasmin MDL Consolidation Update" »

Deaths Linked To Yaz and Yasmin Birth Control Pill

October 15, 2009

It was August, 2008, when 24-year-old Tanya Hayes began to experience breathlessness and what her family described as a “nasty, hard cough.” Tanya ignored the symptoms until one afternoon when she collapsed in a car park in her hometown of Melbourne, Australia. Five hours later, she was pronounced dead of a pulmonary embolism.

According to the head of the emergency room that treated Ms. Hayes, her death was the result of “blood clotting caused by factors related to taking the oral contraceptive pill.”

What her family did not discover until later is that the fine print on the package of pills she was taking, known as Yasmin, lists “breathlessness” as a "very rare . . . very serious side effect.”

Continue reading "Deaths Linked To Yaz and Yasmin Birth Control Pill" »

Glaxo Ordered to Pay $2.5 M for Paxil Birth Defect Lawsuit

October 13, 2009

GlaxoSmithKline Plc must pay $2.5 M over claims that its Paxil antidepressant caused birth defects, a Pennsylvania jury concluded in the first of 600 such cases to come to trial.

Jurors in state court in Philadelphia deliberated about seven hours over two days before finding Glaxo failed to properly warn doctors and pregnant users of Paxil’s risk. The panel awarded $2.5 million in compensatory damages to the family of Lyam Kilker. The 3-year-old was born with heart defects his mother blamed on the drug.

Continue reading "Glaxo Ordered to Pay $2.5 M for Paxil Birth Defect Lawsuit " »

Glaxo Ignored Paxil’s Birth-Defect Risks, According to Lawyer

October 13, 2009

GlaxoSmithKline Plc officials intentionally ignored the possibility that the Paxil antidepressant caused birth defects, a lawyer said in closing arguments of a trial over the drug. Glaxo researchers never followed up on studies showing Paxil posed a birth-defect risk for fear of harming sales,

The London-based drugmaker “made a concerted effort” not to study Paxil’s links to birth defects, Tracey said. Glaxo executives sought to “avoid doing studies that would have revealed the truth about their drugs,” he said.

The trial is the first of more than 600 cases alleging that Glaxo, the U.K.’s largest drugmaker, knew Paxil caused birth defects and hid those risks to increase profits.

The family of Lyam Kilker claims Glaxo withheld information from consumers and regulators about Paxil’s risks and failed to properly test the drug. Lyam’s mother, Michelle David, blames Paxil for causing her son’s life-threatening heart defects.

Continue reading "Glaxo Ignored Paxil’s Birth-Defect Risks, According to Lawyer" »

Yasmin and Yaz Side Effects Were Concealed to Boost Sales

October 13, 2009

Two pension funds for firefighters and city employees in Pennsylvania have filed a lawsuit against Bayer, saying that the drug maker hid health risks and misrepresented the effectiveness of its popular birth control pills Yaz and Yasmin. The complaint joins hundreds of other lawsuits pending against the pharmaceutical company over problems with Yaz and Yasmin.

The Yaz / Yasmin lawsuit was filed in the U.S. District Court for the Eastern District of Pennsylvania by the Philadelphia Firefighters Union Local No. 22 Health and Welfare Fund, and the American Federation of State, County and Municipal Employees, District Council 47 Health and Welfare Fund. The funds accuse Bayer of unlawfully promoting Yaz to mislead investors about the value of the company, concealing the drug’s increased risks of blood clots, strokes, heart attacks, gallbladder disease, pulmonary embolisms and deep vein thrombosis (DVT).

Continue reading "Yasmin and Yaz Side Effects Were Concealed to Boost Sales" »

Chinese Drywall Personal Injury Cases Continue to Increase

October 12, 2009

When Bill Morgan, moved into his newly built dream home in Williamsburg, Va., three years ago, his hopes were quickly dashed. As reported in the New Times. Read the complete story here

His wife and daughter suffered constant nosebleeds and headaches. A persistent foul odor filled the house. Every piece of metal indoors corroded or turned black.

Mr. Morgan moved out. The headaches and nosebleeds stopped, but the ensuing financial problems pushed him into personal bankruptcy.

Mr. Morgan, like many other American homebuyers who tell similar tales of woe, is blaming the drywall in his new home — specifically, drywall from China, imported during the housing boom to meet heavy demand — that he says is contaminated with various sulfur compounds.

Continue reading "Chinese Drywall Personal Injury Cases Continue to Increase" »

Glaxo Claims to Have Complied With FDA Rules on Paxil

October 8, 2009

GlaxoSmithKline Plc, the U.K.’s largest drugmaker, complied with all U.S. Food and Drug Administration regulations in testing and monitoring Paxil, according to a former employee for the agency.

Glaxo reported to the FDA on a regular basis and supplied animal toxicology studies that didn’t indicate the drug could cause birth defects, Judith Jones testified as an expert witness for the company. Jones spent eight years in the FDA’s post- marketing surveillance and drug safety group.

“The FDA was provided all of the reports that GlaxoSmithKline had received on a regular basis and they specifically did not identify a signal,” Jones told jurors in state court. “They provided all the necessary information to the FDA.”

Jones testified toward the end of the first trial over claims Paxil causes birth defects. Michelle David blames her Paxil use for her 3-year-old son’s life-threatening heart defects. She accuses the company of withholding information from consumers and regulators about the risk of birth defects and failing to properly test Paxil.

Continue reading "Glaxo Claims to Have Complied With FDA Rules on Paxil" »

Bayer Sued Over Health Claims About Multivitamin for Men

October 7, 2009

A nonprofit health advocacy group wants Bayer correct its marketing techniques -- this one involving its Men's One A Day multivitamin.

The Washington, D.C.-based Center for Science in the Public Interest (CSPI) is suing the German drug giant for allegedly claiming falsely that selenium in the men's multivitamin might reduce the risk of prostate cancer.

The lawsuit, filed in San Francisco Superior Court, comes on the heels of several multimillion-dollar settlements that Bayer has paid out to resolve claims about misleading advertising. This year, Bayer agreed to run a $20 million corrective advertising campaign about its birth control pill Yaz.

In 2007, it paid a $3.2 million fine over weight loss claims involving its One A Day vitamin as part of a consent decree reached with the Federal Trade Commission and the U.S. Department of Justice and another $8 million to resolve allegations, raised by state attorneys general, that it hid safety issues surrounding its cholesterol-lowering drug Baycol.

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Teen's Fatal Overdose Blamed on Fentanyl Patch

October 7, 2009

For a 15-year-old, or anybody else, Michael Blankenship had already been through a lot when he arrived at Seattle Children's hospital for some routine dental work.

What left him dead, was the painkiller-laced patch -- meant to ameliorate chronic pain in cancer patients and others -- that was prescribed to Blankenship.

Discharged to his mother's home the day of the March 9 tooth extraction, Blankenship was found dead in his bed the following morning. According to a civil suit filed earlier this month in King County Superior Court, a medical examiner found Blankenship had died from a drug overdose caused by the fentanyl patch.

Continue reading "Teen's Fatal Overdose Blamed on Fentanyl Patch" »

Bayer Sued, Accused of Hiding Yaz Risk to Boost Sales

October 6, 2009

Bayer AG, Germany’s largest drugmaker, was sued by two Pennsylvania pension funds and accused of misrepresenting the safety and effectiveness of the Yaz contraceptive to boost sales.

Bayer unlawfully promoted the drug from March 2006 to March 2009 by concealing side effects including blood clots, heart attacks and pulmonary embolisms, two health and welfare funds for firefighters and city employees said in a federal court complaint made public today in Philadelphia.

The Yasmin family of birth control pills, known as Yaz, Yasmin and Yasminelle, were Bayer’s top-selling drugs last year, bringing in about $1.8 billion, a 17 percent increase over 2007.

Continue reading "Bayer Sued, Accused of Hiding Yaz Risk to Boost Sales " »

Yaz and Yasmin: Get the Medical Facts

October 4, 2009

The New York Times reported September 25 on the controversy surrounding Yaz and Yasmin, two popular birth control pills (BCPs).

The controversy is a result of the marketing and manufacturing processes identified by the Food and Drug Administration. The major concern is whether these medications increase the risk of blood clots.

Yaz and Yasmin use both estrogens and progestins to prevent ovulation. Estimates are that at baseline about 1 women in 10,000 will have a blood clot this year; that number increases to about 3 women in 10,000 if they are taking BCPs.

Also the fact is that more than 50 women in 10,000 will get a blood clot due to pregnancy.

Continue reading "Yaz and Yasmin: Get the Medical Facts " »

Yaz/Yasmin Product Liability And Injury Lawsuits to be Consolidated in Illinois

October 3, 2009

Several lawsuits filed on behalf of women who were injured or killed by the popular birth control drugs Yaz and Yasmin will be consolidated into a multidistrict litigation group in the Southern District of Illinois, a federal judicial panel has ruled.

A total of 32 federal lawsuits have been filed against Bayer HealthCare Pharmaceuticals Inc., the maker of Yaz and Yasmin. The two contraceptives use different doses of the same hormone, drospirenone, which has been linked to increased levels of potassium in the blood and many user deaths and serious injuries.

From 2004 to 2008, there were at least 50 deaths in the United States associated with the use of Yaz, the Food and Drug Administration has said. Women taking the drug have reported suffering heart attack, stroke, pulmonary embolism, deep vein thrombosis and other types of blood clotting, and gallbladder disease.

Continue reading "Yaz/Yasmin Product Liability And Injury Lawsuits to be Consolidated in Illinois" »

NJ Court Upholds $4.5M Judgment in Vioxx Case

October 3, 2009

The Supreme Court of New Jersey backed a $4.5 million award to the widow of a man who suffered heart problems after using Merck's painkiller Vioxx, ending of the last unresolved lawsuits related to the drug.

The court dismissed Merck's appeal and upheld the award in the case McDarby v. Merck, according to the law firm Weitz & Luxenberg. The firm said the ruling was issued on May 7. A jury found that Merck and Co. failed to warn patient John McDarby about Vioxx's cardiac risks, which later caused the drug to be taken off the market.

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Dallas Texas Asbestos Lawsuits

October 1, 2009

Asbestos lawsuits are filed by plaintiffs who have suffered as the result of asbestos-related illness. Plaintiffs in asbestos lawsuits can include the victims of asbestos exposure, or their families or loved ones. Defendants against asbestos lawsuits are those parties considered responsible for the asbestos exposure. In the past, targets of asbestos lawsuits have included:

* Employers
* Asbestos manufacturers
* Asbestos installers
* Landlords
* Leasing agents

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Yaz Lawsuit Alleges Pulmonary Emboli and DVT from Birth Control Pill

October 1, 2009

A new Yaz lawsuit was filed this week against Bayer Pharmaceuticals by a woman who alleges the popular birth control pill caused her to suffer pulmonary emboli and deep vein thrombosis (DVT), leaving her with permanent injuries.

Anna Butler of Kansas filed the product liability lawsuit in the U.S. District Court for the Eastern District of New York, which is at least the 75th federal lawsuit over Yaz or Yasmin oral contraceptives.

Continue reading "Yaz Lawsuit Alleges Pulmonary Emboli and DVT from Birth Control Pill" »

Jury Decides Wyeth’s Prempro Caused Woman’s Cancer

September 30, 2009

Wyeth’s hormone-replacement therapy drug Prempro caused an Illinois woman’s invasive breast cancer and she deserves $3.7 million, a jury decided in Philadelphia, without yet deciding whether the company was at fault and should pay her.

Jurors deliberated about two hours and 15 minutes before concluding that Wyeth’s drug was a proximate cause of Connie Barton’s breast cancer. Barton, 64, was diagnosed with cancer in 2002, five years after she began taking Prempro to treat menopausal symptoms.

Continue reading "Jury Decides Wyeth’s Prempro Caused Woman’s Cancer " »

Court Approves $24 M Wrongful Death Settlement Involving Chrysler Pickup

September 29, 2009

The bankruptcy court judge overseeing certain Chrysler assets has approved a $24 million settlement in the death of a California longshoreman run over by a Dodge pickup.

The settlement comes more than two years after a Los Angeles Superior Court jury awarded damages of more than $55 million to the family of Richard Mraz. The family argued the automaker had failed to fix and adequately warn consumers about a transmission defect that made it appear trucks were in park position, when they actually were between gears.

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Yaz Yasmin Users Can Develop Serious Gallbladder Disease

September 28, 2009

Women taking Yaz as a form of birth control or to treat other conditions have suffered devastating gallbladder disease, in addition to increased risks of heart attacks, stroke, and blood clots.

In some cases, Yaz users have been forced to undergo painful surgeries to remove their gallbladder due to the formation of gallstones and other complications.

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Birth Control Pill YAZ Is Subject Of Ongoing Safety Study

September 28, 2009

YAZ (3 mg drospirenone/20 mcg ethinyl estradiol) is an oral contraceptive (OC) which is the first pill to combine 20 mcg of ethinyl estradiol (EE) with the so-called "fourth generation" progestin drospirenone (DRSP). YAZ was approved by the FDA in March 2006.

A study called the International Active Surveillance Study of Women Taking Oral Contraceptives (INAS-OC), which was started in August 2005 and continues to date, is intended to evaluate the risk of those cardiovascular side effects for women who use DRSP/EE birth control pills like YAZ.

The study was funded with an unrestricted grant from Bayer Schering Pharma AG. Dr. Dinger has disclosed no relevant financial relationships.

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Dutch Study Reports Yaz DSRP Ingredient Increases Blood Clot Risk

September 28, 2009

A new study has found that the type of progestin used in the Yaz birth control pill is associated with more blood clots than other forms of the hormone. The study is published in the British Medical Journal (BMJ).

Lawsuits have been filed around the U.S. by women who say they suffered serious side effects from Yaz.. The women involved in these lawsuits claim they experienced serious blood clots, including deep vein thrombosis and pulmonary embolism, as well as strokes. Yaz has also allegedly been associated with heart attacks and deaths in young women

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Prozac and Antidepressants in Pregnancy Increases Heart Defect Risk

September 28, 2009

If you take antidepressants such as fluoxetine (marketed as Prozac) early in your pregnancy, you may be doubling the risk that your newborn will be born with a heart defect, according to a new study.

However, the vast majority of children born to women who take such antidepressants - known as selective serotonin reuptake inhibitors (SSRIs) - do not have such defects, the researchers are quick to note.

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FDA Seeks Outside Review of Medical Device Approvals

September 28, 2009

The Institute of Medicine will study a U.S. Food and Drug administration program that gives fast-track approval to certain medical devices.

Consumer watchdog groups, lawmakers and others have criticized the FDA for using the accelerated approval process for more products than Congress originally intended, leading to problems with devices after they are sold.

Expedited reviews of devices shown to be similar to existing products allow companies to get products to market more quickly and with less expense.

The study of the program by the institute, part of the National Academies, was required by a 2007 law, but the FDA said on Wednesday that the results would not come until March of 2011.

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Merck Paying More Than 3,100 Death Claims in Vioxx Settlement

September 27, 2009

Merck & Co. is paying claims by the families of more than 3,100 users of its Vioxx painkiller who died of heart attacks or strokes blamed on the drug, according to a law firm administering a $4.85 billion settlement fund.

The fund will pay about 3,000 claims for heart attack deaths and at least 122 strokes, according to BrownGreer LLP, a claims administrator appointed by both sides. Merck introduced Vioxx in 1999 and withdrew it in 2004 when a study showed the drug doubled the risk of heart attacks and strokes. Merck set up the fund, which covers claims of death and lesser injuries, in 2007 after reserving $1.9 billion to fight 26,600 Vioxx suits.

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Paxil and Heart and Lung Birth Defects

September 27, 2009

New studies point to an increased risk of Paxil birth defects in babies whose mothers use the antidepressant during pregnancy.

According to the findings of two studies, women who were taking Paxil during their first trimester were one and a half to two times more likely to have a baby with a heart defect than women who were taking other antidepressants or women of the general population.

A later study found that women who took Paxil at 20 weeks or later were six times more likely to have a baby with a rare birth defect known as persistent pulmonary hypertension, or PPHN.

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Bayer Yaz Death Probed By Swiss Agency

September 26, 2009

Bayer AG, Germany’s largest drugmaker, said its Yaz contraceptive is part of an investigation by a Swiss health regulator into the death of a young woman who took the pill.

The Swissmedic agency and an investigative judge are looking into the case of the woman, who died from the effects of pulmonary embolism, Bayer’s Swiss health unit said in a statement posted on its Web site yesterday. Bayer is cooperating with the authorities, the company said.

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Bayer and Lawsuits Involving Yaz and Yasmin

September 26, 2009

As Reported in the NY Times. Read the full article here.
The oral contraceptives Yaz and Yasmin are the top-selling pharmaceutical line for Bayer HealthCare, largely as a result of marketing that presents them as much more than mere pregnancy prevention.

Yaz, in particular, the top-selling birth control pill in the United States, owes much of its popularity to multimillion-dollar ad campaigns that have promoted the drug as a quality-of-life treatment to combat acne and severe premenstrual depression.

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Update: Paxil Heart Birth Defects and PPHN Lawsuits

September 25, 2009

In 2003, GSK initiated a retrospective analysis of women, dating back to 1995, who had taken antidepressants in the first trimester of their pregnancies and had given birth to children with major congenital malformations. The study found an association between Paxil and congenital malformations in mothers taking Paxil in the first trimester.

Another study conducted by researchers in Denmark and published in Pharmacoepidemology and Drug Safety in 2005 showed a more than 2-fold increase for congenital malformations in women taking Paxil compared to other antidepressants.

In September 2005, GSK sent out a "Dear Doctor" letter informing physicians throughout the United States that the results of its analysis showed a higher rate of "congenital malformations associated with the use of Paxil as compared to other antidepressants" in infants born to women taking antidepressants during the first trimester of pregnancy.

The FDA has issued three Public Health Advisories since December 2005 concerning the risk of congenital heart defects and has changed Paxil’s pregnancy category from C to D, which indicates that "[t]here is positive evidence of fetal risk."

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Yaz Birth Control Link to Embolism Investigated

September 25, 2009

Switzerland's medicines supervisor has said it will investigate allegations an oral contraceptive contributed to a fatal lung embolism in a woman.

The embolism occurred ten months after the woman starting taking Yaz birth control pills produced by German firm Bayer. She died in mid-September. Swissmedic announced on Friday it would look into suspicions of a possible link.

Bayer could not comment on the case but said it would take any possible link seriously. It expressed sympathy with the woman's family, saying her death was tragic regardless of whether there was a connection to its contraceptive pill.

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Overuse of Denture Cream with Zinc Leads to Lawsuits

September 25, 2009

When he began getting weak, 61-year-old Ronald Beaver figured he might just be feeling his age. Eventually his problem was traced to a serious blood disorder caused by low levels of copper.

It wasn't until several weeks later — after the man from Tamarac, Fla., started getting daily doses of copper — that Beaver's doctor mentioned that getting too much zinc can trigger loss of copper.

The only source of that much zinc they surmised was the tubes of PoliGrip denture cream he had been overusing for a decade.

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AstraZeneca Denied Seroquel’s Diabetes Link Years After Warning

September 23, 2009

An AstraZeneca Plc saleswoman told a U.S. doctor the antipsychotic Seroquel didn’t cause diabetes almost four years after the company warned Japanese physicians about the drug’s links to the disease, internal documents show.

Nancy White, the saleswoman, and a colleague met with an unidentified doctor in July 2006 who reported “getting a lot of flak” from patients about Seroquel’s diabetes links, according to a note unsealed as part of a lawsuit.

AstraZeneca wrote in November 2002 to Japanese doctors that it received a dozen reports of diabetes-related cases tied to Seroquel “where causality with the drug could not be ruled out.”

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Texas Yaz, Yasmin and Ocella Birth Control Lawsuit Update

September 23, 2009

Yasmin (also known as Yaz/drospirenone/ethinyl Estradiol. Generic : Ocella) is a birth control pill developed and manufactured by Bayer, AG. The medicine works by disrupting a woman's natural menstrual cycle and providing a daily dose of hormones to regulate a new menstrual cycle.

Bayer AG has been involved in a few discussions with the Food and Drug Administration over questionable advertising campaigns seeming to suggest that Yasmin/Yaz has less side effects than other contraceptive medications.

Recent reports indicate that dangerous side effects could occur in women with preexisting conditions such as high blood pressure, diabetes, or obesity.

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Paxil-Linked Birth Defects Alarmed Glaxo in 1997

September 21, 2009

GlaxoSmithKline Plc’s scientists were alarmed by a rising number of birth defects among pregnant women taking the antidepressant Paxil in 1997, according to internal documents revealed in a trial in Philadelphia.

There was a 13.3 percent rate of incidence for congenital abnormalities as of November 1997, according to the documents presented by lawyers for the family of an injured child suing the company.

“Taken at face value this presents an alarming finding,” according to the internal report. That language was later deleted, the documents show. The information was never submitted to the U.S. Food and Drug Administration, former FDA doctor Suzanne Parisian told jurors Sept. 18.

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Women Should Take Safest Birth-Control Pill

September 20, 2009

Doctors should prescribe the birth- control pills that are the least likely to cause blood clots, according to a study of more than 3,000 women published in the British Medical Journal.

Oral contraceptives containing levonorgestrel and a low dose of estrogen, such as Bayer AG’s Microgynon 30, were associated with the lowest risk of blood clots in the leg or lungs, researchers at Leiden University Medical Center in the Netherlands found. Birth-control pills containing desogestrel, cyproterone acetate or drospirenone carried about 1.5 to 2 times the risk of clots, they found.

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Oral Contraceptives History and Facts

September 20, 2009

Forty years ago, on September 4, 1969, the Food and Drug Administration (FDA) declared the new birth control pill to be “safe” for use by women to regulate births.

Forty years later, the true safety of oral contraception is still in question.

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Pennsylvania to be Center of State Court Yaz, Yasmin and Ocella Birth Control Litigation

September 19, 2009

Judge Sandra Mazer Moss, Philadelphia Court of Common Pleas, consolidated all lawsuits filed in Philadelphia that involve Bayer's popular birth control pills, commonly known as Yaz, and Yasmin. Philadelphia is likely to be the country's center for state court litigation involving this widely used birth control pill.

The lawsuits allege that Yaz and Yasmin have risks beyond those of traditional birth control pills, because they contain DRSP (drospirenone), and that Bayer over-promoted the drug without disclosing risks. Bayer was warned by the FDA, in the fall of 2008, that Bayer's television ads were misleading and were not disclosing these additional risks.

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Pfizer Says Lawsuit Consultant Tried to Sway Witness

September 19, 2009

- Pfizer Inc., the world’s biggest drugmaker, said a consultant to plaintiffs’ attorneys in lawsuits over its epilepsy drug Neurontin tried to tamper with a prospective witness.

Dr. David Egilman, a Brown University medical professor, “improperly contacted” the treating physician of a Massachusetts man whose family claims he killed himself after taking the drug, Pfizer said in a court filing. Pfizer asked the judge to punish Egilman for sending a sealed document to the doctor. Pfizer faces a trial in this case, brought by the family of Hartley Shearer, in March.

Egilman’s letter to Shearer’s doctor was “a transparent attempt to taint her perceptions of Pfizer shortly before her deposition,” Pfizer said. Egilman enclosed “a confidential internal e-mail between Pfizer employees,” along with other documents, in his letter to Dr. Lisa Catapano-Friedman, the company said.

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Glaxo Linked Birth Defect of Fetus to Paxil

September 18, 2009

Officials of GlaxoSmithKline Plc, the U.K.’s largest drugmaker, said in 2001 that a birth defect in the fetus of a woman taking its Paxil antidepressant likely was linked to the drug, according to court testimony.

After analyzing a 2001 e-mail from a Paxil user who aborted her fetus because it had a heart defect, Glaxo officials noted in company files they were “almost certain” the drug was related to the problem, Jane Nieman, a former Glaxo drug-safety executive, told a Pennsylvania jury.

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GlaxoSmithKline to Defend Paxil in Birth-Defect Case

September 18, 2009

GlaxoSmithKline Plc, the world’s second-biggest drugmaker, begins a trial in Philadelphia in what may be a test case for more than 600 lawsuits over claims its antidepressant drug Paxil causes birth defects.

Patients and their parents claim internal company documents produced for trial show Glaxo failed to warn about the risks of Paxil until forced to do so in 2005 by the U.S. Food and Drug Administration. In a trial set for Sept. 14, Michelle David blames the drug for causing life-threatening heart defects in her son Lyam Kilker, 3.

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FDA Requires Strong Amputation Warning on Promethazine

September 17, 2009

Makers of injected promethazine, a sedative also used to treat nausea and vomiting, are being required to put the strongest warning possible on the product because it can cause tissue damage leading to amputation, the Food and Drug Administration said Wednesday.

The drug, previously sold by Wyeth Pharmaceuticals Inc. under the brand name Phenergan, was at the heart of a U.S. Supreme Court case this spring that ended in a ruling that consumers harmed by a medication approved by the FDA still have the right to sue the manufacturer.

Wyeth had appealed the case up to the Supreme Court after a Vermont woman named Diana Levine, who once played the guitar and piano professionally, sued because she had to have her right arm amputated after being injected with Phenergan. Levine's lawsuit, which claimed she wasn't sufficiently warned of the risks of using Phenergan, won her a $6.7 million jury award.

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Glaxo Withheld Paxil Birth-Defect Data, Witness Says

September 16, 2009

GlaxoSmithKline Plc, the world’s second-biggest drugmaker, withheld birth-defect data tied to its antidepressant drug Paxil from physicians as the number of reports grew, a psychiatrist testified.

Doctors seeking information about birth defects linked to Paxil originally got the total numbers of side-effect reports about the issue from Glaxo, Dr. David Healy, a professor at Cardiff University in Wales, told a Pennsylvania jury today. He’s testifying on behalf of a family suing over a child born with heart defects allegedly caused by the drug.

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Glaxo Executive’s Memo Suggested Burying Drug Studies

September 15, 2009

An executive of GlaxoSmithKline Plc, the world’s second-biggest drugmaker, talked about burying negative studies linking its antidepressant drug Paxil to birth defects, according to a company memo introduced at a trial.

“If neg, results can bury,” Glaxo executive Bonnie Rossello wrote in a 1997 memo on what the company would do if forced to conduct animal studies on the drug. The memo was read during opening statements in the trial of a lawsuit brought by the family of a child born with heart defects.

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Glaxo E-Mails Over Paxil Study Must Be Turned Over

September 15, 2009

GlaxoSmithKline Plc’s e-mail with researchers studying birth defects allegedly caused by the drugmaker’s antidepressant Paxil must be turned over to a family suing over the drug.

U.S. District Judge Nancy Gertner in Boston refused to block William Seale’s family from reviewing e-mails and other communications between Glaxo and Boston University researchers over Paxil’s birth-defect risks.

The 1-year-old, whose pregnant mother took the antidepressant, died in 2004 after three surgeries to address heart defects, according to court filings.

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FDA Warns Bayer Maker of Yaz and Yasmin

September 15, 2009

U.S. health regulators have warned drugmaker Bayer over quality control issues at a plant that makes the key ingredient in Yaz and other popular birth control drugs.

In a warning letter posted online Tuesday, the Food and Drug Administration said its inspectors uncovered testing problems at the company's plant in Berghamen, Germany, during a March visit.

FDA inspectors said the company measured the quality of its drug ingredients based on an average of several samples, instead of reporting individual tests results.

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Merck Lawsuit Over Fosamax ends in Mistrial

September 13, 2009

A lawsuit alleging that Merck & Co's osteoporosis drug Fosamax caused jaw damage ended in a mistrial on Friday .

U.S. District Judge John Keenan declared the mistrial two days giving the New York jury considering the case a "cooling off period" in light of supposed acrimony among jurors.

A Merck lawyer on Wednesday referred to an "unsubstantiated claim" of a chair being thrown in the jury room.

Merck faces lawsuits involving almost 900 cases by patients who say the use of Fosamax causes osteonecrosis of the jaw, or the death of jawbone tissue. The trial is Merck's first over the drug

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Kugel Mesh Patches and Hernia Surgery Side Effects

September 12, 2009

The Kugel Mesh Patch, a medical device that was commonly used in surgeries to repair hernias, was recalled in 2005, 2006, and again in 2007 after patients suffered painful bowel perforations and other chronic injuries. The patch, placed inside the body following hernia-repair surgery to prevent tearing or the formation of scar tissue, had a tendency to break or move around inside the body, causing tears between the intestines and other digestie organs, such as the bladder and rectum.

The Kugel Mesh Patch injuries were caused when the “memory recoil ring,” which opened the oval patch so it could lay flat after it was inserted into the body through a narrow incision, broke.

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Family of Texas Musician Who Died On Stop-Smoking Drug Chantix Sues Maker

September 11, 2009

Relatives of a Texas musician who died in 2007 after acting bizarrely while taking the smoking-cessation drug Chantix have filed a lawsuit against the drug’s maker, Pfizer, accusing the company of failing to warn of suicidal thoughts and other dangerous psychiatric side effects associated with the medication.

The death of Carter Albrecht on September 3, 2007 became an example of reports of dangerous complications seen in people taking Chantix. Albrecht, a well-known Dallas musician and member of Edie Brickell & the New Bohemians, was fatally shot by a neighbor after the guitarist started banging on the windows of the neighbor’s house in the middle of the night.

Albrecht’s family claimed the strange and violent behavior was totally out of character for Albrecht and blamed his condition on Chantix, which caused severe hallucinations, vivid nightmares, and violent, unpredictable behavior.

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Flip Over Handlebars Leads Bike Rider to File Product Liability Suit

September 11, 2009

While riding his bicycle, Scott Warren says he was thrown over the handlebars and onto the pavement when the pedal suddenly broke.

Warren filed a product liability lawsuit against Pacific Cycle, Dorel Industries Inc, Catic Bicycle Co., and Whole Man Enterprise Co. on Dec. 15, 2008, in the 366th judicial district of Collin County. The defendants removed the case to the Sherman Division of the Eastern District of Texas on Sept. 2.

Warren was riding a Mongoose Placid bicycle that he purchased in November 2005.

He argues that the defendants were negligent in failing to design the bicycle so that the pedal crank would not break and negligent in the manufacture of the bicycle. Further, the plaintiff claims the defendants were negligent for not warning that the pedal might suddenly and unexpectedly break.

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Merck Loses Bid to Dismiss 24 Fosamax Lawsuits

September 10, 2009

Merck & Co. lost a legal bid to dismiss 24 lawsuits claiming its osteoporosis drug Fosamax causes ‘jaw death’ in patients who took the medicine for fewer than three years.

U.S. District Judge John Keenan in New York, in a ruling released today refused to dismiss the lawsuits, saying that whether there is a three- year threshold is a “genuine issue of fact for trial.” The plaintiffs claim Fosamax causes osteonecrosis of the jaw, or ONJ.

“This simply reflects what’s been known in the science for a while now, that there is no magic window where a patient can be automatically said to be safe from developing ONJ after beginning Fosamax,” Tim O’Brien, one of the plaintiffs’ lawyers, said of Keenan’s ruling.

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Miss. Chinese Drywall Lawsuits Filed Post-Katrina

September 10, 2009

Chinese drywall could become the new asbestos - a building substance that's the target of a growing number of lawsuits.

About 150 lawsuits already have been filed over Chinese drywall, including about a dozen in Mississippi, and the number is growing almost daily, based upon federal court records. The cases will be consolidated into a class-action lawsuit in federal court in New Orleans.

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Mistrial Possible in Merck Fosamax Case

September 9, 2009

A U.S. judge said he would declare a mistrial in a case against Merck & Co over its Fosamax osteoporosis drug if a jury could not reach a unanimous verdict by the end of business on Friday.

U.S. District Court Judge John Keenan in New York was responding to a motion for mistrial on Wednesday by a lawyer for a Florida woman who sued the drug company, claiming Fosamax caused damage to her jaw.

Lawyer Timothy O'Brien, representing 71-year-old Shirley Boles of Walton Beach, Florida, told the court that notes from one woman juror indicated she felt intimidated or threatened.

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Yasmin and Yaz Blood Clots Lawsuits

September 8, 2009

The YAZ birth control pill, manufactured and marketed by Bayer Pharmaceuticals has been linked to a number of serious, life-threatening side effects. Yaz, which is nearly identical to Yasmin birth control, is a newer type of oral contraceptive sold by Bayer. It has been aggressively marketed without adequate warnings about potentially life-threatening side effects.

Yaz, a birth control pill linked to blood clots, heart attacks and strokes, has been the subject of a misleading marketing campaign.

Deceptive Yaz commercials prompted the Food & Drug Administration (FDA) to issue Bayer a warning letter, and the company was forced to correct its false advertising.

Bayer's Yaz campaign not only made false claims about the benefits of the drug, it also downplayed the serious side effects - including life-threatening blood clots - known to be associated with Yaz. Because of Bayer's false advertising, millions of women took Yaz without being fully aware of the drug's health risks.

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Yaz Yasmin MDL Hearing Set for September 24, 2009

September 7, 2009

The hearing on the Petition to consolidate the Yaz, Yasmin and Ocella product liability litigation in the Northern District of Ohio has been set for September 24, 2009 in Richmond, Virginia.

The hearing will be held before the Judicial Panel on Multi -District Litigation. If the case is consolidated as an "MDL" case it will be sent to a single judge for case management purposes. For a detailed explanation of the workings and purpose of an MDL you may go to our earlier blog article.

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Dallas Attorney Plans to Reopen 15 Toyota Lawsuits

September 7, 2009

A Dallas attorney says he will file Tuesday to reopen 15 lawsuits involving rollover accidents as a result of allegations by a former Toyota lawyer that the company withheld or destroyed crash safety data it should have disclosed in up to 300 civil lawsuits.

Lawyer Todd Tracy says he will seek to reopen the cases on the basis of fraud and racketeering if Toyota (TM) deleted or didn't hand over files as required.

Tracy is one of several lawyers revisiting cases in light of allegations made by former Toyota lawyer Dimitrios Biller in his suit against the company. He was involved in cases involving rollovers. Lawyer Richard McCune of Redlands, Calif., filed last week to reopen two cases and sought class-action status. Attorney Tab Turner of Little Rock says he's watching to see if it makes sense to reopen some of his rollover cases.

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Yasmin/Yaz Side Effects: Gallbladder Stones and Disease

September 6, 2009

Yaz gallbladder disease information and the latest news for women who have suffered from gallstones and Yaz birth control.

In addition to the other injuries caused by birth control pills Yasmin, Yaz and Ocella (including pulmonary embolism, deep vein thrombosis, pancreatitis, stroke, and heart attack), Yaz drug injury lawyers are investigating gallbladder problems.

Doctors and the medical literature report an increase in gallbladder disease among otherwise healthy adults (including young adults), and the only connection appears to be that these women are all taking one of these drospirenone-containing birth control medications.

Doctors speculate that Yaz can increase cholesterol levels in bile while simultaneously decreasing gallbladder contractions, leading to gallstones. This leads many women to have their gallbladder removed (cholecystectomy).

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Yaz Lawsuits and Side Effects

September 5, 2009

Yasmin/Yaz have been associated with deep vein thrombosis (blood clots), pulmonary embolism, strokes, heart attacks and, as a result of these health consequences, death.

Yasmin/Yaz lawsuits allege product liability, negligence and failure to warn claims against Bayer. There has been in recent months new medical articles have come out regarding Yasmin and Yaz.

Below is a summary of what is out there. The venous thrombotic risk of oral contraceptives, effects of oestrogen dose and progestogen type: results of the MEGA case-control study, BMJ 2009;339:b2921.

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Trial Set For January 2010 on Chinese Drywall

September 5, 2009

A federal judge presiding over hundreds of lawsuits against Chinese drywall makers and installers said Thursday that he plans to hold the first trial in January 2010 for the cases, which claim the imported products emit sulfur, methane and other chemical compounds that have ruined homes and harmed residents' health.

U.S. District Judge Eldon Fallon told attorneys that he expects them to pick six plaintiffs whose cases could be tried in early 2010, with the first trial starting in January.

Kerry Miller, a lead lawyer for companies named as defendants in the suits, said defense attorneys may need more time to prepare for the first batch of bellwether trials. Russ Herman, a lead plaintiffs lawyer, said he supports Fallon's scheduling plan.

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Number of Implicated Chinese Drywall Manufacturers Increases.

September 4, 2009

The number of Chinese drywall manufacturers responsible for corrosion and potential health problems plaguing U.S. homeowners may be about to increase substantially.

With the first set of home inspections about to begin in the massive combined Chinese drywall litigation playing out in New Orleans, lawyers involved in the case were told to document the different identifying markings on wallboard found in affected homes.

On Thursday, they revealed that 36 separate variations of tainted drywall have been found -- a much higher number than previously disclosed.

While some manufacturers may have more than one way of marking their product and some markings were stamped by distributors, the three dozen variations opens the door to a host of new companies publicly joining the mix.

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Update: Fosamax Lawsuit Goes to Jury

September 4, 2009

Drug executives, product liability lawyers and Wall Street analysts are closely watching a jury trial in New York over medical problems associated with Fosamax, a drug from Merck that has been taken by millions of women to offset the bone loss associated with menopause.

It is the first of about 900 state and federal cases pending against Merck in which plaintiffs claim that taking Fosamax caused them to develop a rare problem called osteonecrosis of the jaw.

Dental surgery is one of the triggers for the condition that can break down jawbone tissue, causing the gums to fall away and expose bone that looks moth-eaten, oral surgeons said.

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Levaquin Side Effects Lawsuit and Tendon Rupture

September 3, 2009

Levaquin (Levofloxacin) is a fluroquinolone antibiotic used to treat bacterial infections, and is available only by prescription. On July 8, 2008, the FDA ordered the manufacturer to add a Black Box warning to Levaquin. A Black Box warning is the strongest warning available for prescription drugs. The FDA also required that a guidebook be provided to patients warning about the possible side effects.

People that have been prescribed Levaquin have filed lawsuits claiming that it causes ruptured tendons and that the defendants’ warnings about this side effect were inadequate.

Defendants Johnson & Johnson, Ortho-McNeil Pharmaceutical, Inc., and Johnson & Johnson Pharmaceutical Research & Development are denying that Levaquin is defective or unreasonably dangerous. Defendants are also denying that they failed to provide adequate warnings.

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Pfizer Whistleblower's Ordeal Reaps Rewards

September 3, 2009

Taking on corporate giants can feel like tilting at windmills, but John Kopchinski's six-year legal battle against Pfizer Inc just made him a rich man.

The Gulf War veteran and former Pfizer sales representative will earn more than $51.5 million as a result of his whistleblower lawsuit against the world's biggest drugmaker and the record penalty the company must pay the U.S. government for its massive marketing transgressions.

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Pfizer to Pay $2.3 B Agrees to Criminal Plea

September 2, 2009

Pfizer Inc agreed to plead guilty to a U.S. criminal charge relating to promotion of its now-withdrawn Bextra pain medicine and will pay a record $2.3 billion to settle allegations it improperly marketed 13 medicines.

The world's biggest drugmaker was slapped with the huge fines by the U.S. government after being deemed a repeat offender in pitching drugs to patients and doctors for unapproved uses.

Pfizer pleaded guilty in 2004 to an earlier criminal charge of improper sales tactics and its practices have been under U.S. supervision since then.

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Yaz, Yasmin, and Ocella Side Effect Lawsuits Increasing

September 2, 2009

At least 50 federal and state lawsuits have been filed against Bayer due to serous side effects associated with Yasmin / Yaz.

Both the drugs are oral contraceptives that contain synthetic versions of the hormones estrogen and progestin, and are associated with side effects including stroke, heart attack, pulmonary embolism, deep vein thrombosis, gallbladder problems, and kidney problems.

Lawsuits have been filed against Bayer, the manufacturer of Yaz and Yasmin, alleging the company failed to adequately warn patients and physicians of the increased risk of serious adverse effects from Yaz Birth Control Medication. In certain cases, women have died due to these adverse effects of Yaz Birth Control.

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Fort Worth Texas Asbestos Mesothelioma Lawsuits

September 1, 2009

Asbestos is well recognized as a health hazard and is highly regulated. An estimated 1.3 million employees in the construction and general industry face significant asbestos exposure on the job. Heaviest exposures occur in the construction industry, particularly during the removal of asbestos during renovation or demolition.

Employees are also likely to be exposed during the manufacture of asbestos products (such as textiles, friction products, insulation, and other building materials) and during automotive brake and clutch repair work.

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Summary Judgment For Manufacturer in Pain Pump Litigation

September 1, 2009

A federal court has granted summary judgment to the defendant. Kilpatrick v. Breg, Inc., No. 4:08-cv-10052 (S.D. Fla. 6/26/09), in what appears to be the first substantive decision to come out of the multiple suits alleging that a pain pump medical device damages patients.

Judge Michael Moore ruled in favor of medical device manufacturer Breg, finding that the plaintiff, who alleged damage to his shoulder cartilage, did not provide enough reliable expert evidence to link the condition to the defendant's shoulder pain pump.

Plaintiff Kilpatrick underwent arthroscopic shoulder surgery in 2004 after an orthopedic specialist discovered a tear in his shoulder socket. To help with post-operative pain, the surgeon inserted a pain pump into plaintiff's shoulder, which would allow the doctor to administer an anesthetic via a catheter in the patient's arm.

The surgeon injected bupivacaine into the pump's attached catheter and further filled it with 100 ccs of anesthetic, which was to be delivered into Kilpatrick's shoulder over the next 48 hours.

Plaintiff alleges that he began experiencing severe pain in his shoulder in 2006. An orthopedic surgeon diagnosed the pain as glenohumeral chondrolysis, a deterioration of the cartilage, and Kilpatrick underwent shoulder replacement surgery.

He then brought suit, alleging negligence, strict products liability, and violations of Florida's Deceptive and Unfair Trade Practices Act. Kilpatrick claimed that using the Breg pain pump to administer local anesthetic directly into his shoulder joint caused him to develop post-arthroscopic glenohumeral chondrolysis.

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New Study Shows Yaz Birth Control Pill Carries Greater Risk of Blood Clots

September 1, 2009

One of the more recent contraceptive pills to come out on the market and which became quite popular very quickly was the Yaz pill which is manufactured by Bayer. Yaz claimed that it could treat moderate acne and that it would treat the symptoms of premenstrual dysphoric disorder.

However, Yaz may not be as safe or as beneficial as it claims. A new British report has outlined the risks and problems associated with Yaz. While all oral contraceptives carry a risk of causing blood clots in those who take them, Yaz seems to have an increased risk of these clots. While the dosage of hormones in a birth control pill has been known to affect the occurrence of blood clots, it also appears to be that the type of hormone may increase risk as well. Nearly all oral contraceptive pills contain estrogen and progestin and the lowest doses of estrogen correspond with the lowest risk for blood clots.

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Mechanisms for Yaz, Yasmin And Ocella Blood Clots In Women

August 31, 2009

As a general rule, all hormonal birth control medications are associated with side effects and health risks, and the oral contraceptive pills YAZ, Yasmin, and Ocella are no exception.

Blood clots can cause serious side effects; stroke, heart attack, pulmonary embolism, and deep vein thrombosis.

A blood clot, or thrombosis, which begins in one part of the body can become an embolus, a blood clot that travels in the bloodstream. This embolus can migrate into any organ but usually migrates into the lungs, heart, or brain.

A deep vein thrombosis, or DVT, is a thrombosis which most commonly forms in the lower legs' calf veins. A pulmonary embolism, or PE is a thrombosis which forms in or has moved into the lungs. Thrombosis which develops in the heart can break off and migrate to the brain leading to strokes.

Read new British Medical Journal article on Oral Contraceptives and Thromboembolism

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Texas Jury Decides Yamaha Not Liable for Teen’s Rhino Death

August 30, 2009

Yamaha Motor Co., the world’s second-largest motorcycle maker, is not liable for damages to the family of a Texas teenager who died while driving the company’s Rhino all-terrain vehicle.

Jurors in state court in Orange, Texas, deliberated about two hours before ruling the vehicle wasn’t to blame for the death of 13-year-old Forest “Eddie” Ray in 2007. The Rhino, a cross between a golf cart and an ATV, has been linked to 59 deaths in the U.S. The case is the first of about 500 to go to trial.

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Chantix Stevens-Johnson Syndrome Side Effects

August 28, 2009

Since the Chantix black box warning was announced earlier in July 2009, the focus has been on the increased risk of suicides. Pfizer also quietly added new information to the warning label about reports of serious skin reactions, such as Stevens-Johnson Syndrome.

Stevens-Johnson Syndrome, referred to as SJS, is a rare skin reaction that can occur as a side effect of several medications. It results in severe rashes and blistering of the skin and mouth.

It often requires treatment in a hospital intensive care unit (ICU) or burn care unit, and it can result in death. If the top layer of the skin detaches from the lower layers and lesions cover more than 30% of the body, SJS is often diagnosed as Toxic Epidermal Necrolysis (TEN).

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J&J Unit Warns of Deadly Skin Reaction With HIV Drug Intelence

August 28, 2009

Johnson & Johnson warned doctors of reports of a deadly skin reaction and liver failure tied to its HIV medicine Intelence.

The skin condition called toxic epidermal necrolysis has killed one patient and injured another since Intelence was approved in January 2008. Another patient taking the tablets reported a hypersensitivity reaction accompanied by liver failure.

The prescribing information for Intelence was revised to include these reports and a caution that doctors stop treatment immediately if patients develop severe skin reactions or hypersensitivity symptoms, according to a letter e-mailed today by the U.S. Food and Drug Administration. Similar side effects were seen in some study participants and have also been linked to other drugs for HIV, the virus that causes AIDS.

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South Texas Jury Finds Yamaha not Negligent in First Rhino Rollover Trial

August 28, 2009

It only took a few hours for Southeast Texas jurors in the first trial over Yamaha Rhino all-terrain vehicle rollovers to return a swift ruling of no negligence -- a verdict in the company's favor that could have far reaching effects.

With hundreds of Yamaha ATV suits pending in courts around the country, the victorious outcome obtained in Orange County may influence how Yamaha proceeds with similar litigation.

The product liability trial of Johnny Ray vs. Yamaha Motor Co. kicked off Aug. 18 and ended Aug. 27.

Jurors in the Orange County District Court of Judge Buddy Hahn were tasked to decide if Yamaha Motor Co. cut costs and negligently placed a defective off-road vehicle into the stream of commerce.

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FDA Accuses J&J of 'Misleading' Advertising for Ertaczo

August 27, 2009

An advertisement for Johnson & Johnson's (JNJ) Ertaczo, a product to treat the fungal infection known as athlete's foot, makes unproven claims about the medicine's effectiveness and omits key information about risks associated with the product, federal regulators said on Wednesday.

The Food and Drug Administration said Johnson & Johnson used "misleading" information and did not mention certain risks in a medical journal advertisement for its athlete's foot cream Ertaczo.

In an Aug. 21 letter released by the FDA Wednesday, the agency said the journal advertisement broadens the approved indication, contains unsubstantiated effectiveness claims about the product, and omits important risk information. Also, the FDA said J&J failed to submit the journal advertisement under current FDA regulations.

The company has until Sept. 4 to respond to the FDA letter.

"We have received an untitled letter from the FDA, which we are currently reviewing, and are in the process of preparing our response to the FDA," said Marc Boston, a spokesman for J&J's Ortho Dermtalogics unit, in a statement.

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Poligrip and Fixodent Denture Cream Use Leads to Zinc Poisoning

August 26, 2009

Denture Cream Lawsuit – Zinc Poisoning Symptoms

It has increasingly been reported that the denture cream ingredient zinc is associated with neurological symptoms including neuropathy in denture wearers. The recommended daily allowance of zinc is 8 mg for women and 11 mg for men. According to the Institute of Medicine of the National Academies the largest daily tolerable zinc intake is 40 mg.

Fixodent denture adhesive and alleged Fixodent zinc poisoning is complicated by the fact zinc, as a trace element, is part of a healthy diet. Denture cream zinc poisoning happens when too much zinc is used.

According to the official Fixodent web site, "the amount of zinc an average denture adhesive user would ingest from daily usage of Fixodent" is less than the amount of zinc contained in most daily multivitamins, or fewer than 6 oysters.

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Yaz Pulmonary Embolism Lawsuit Filed in Illinois State Court

August 25, 2009

A new product liability lawsuit has been filed in St. Clair County, Ill. over the birth control pill Yaz, by a woman who says the drug caused her to suffer a blood clot in her lung, known as a pulmonary embolism.

The Yaz blood clot lawsuit was filed by Kerry Sims on August 18, according to a report in the St. Clair Record. Read the St. Clair Record report here. It is one of many similar lawsuits over Yaz and Yasmin, which are nearly identical oral contraceptives.

Read the full package insert, indications and risk profile for Yaz.

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Yaz Yasmin Birth Control Side Effects

August 25, 2009

About 11% of the U.S. market for oral contraceptives is now accounted for by Yasmin, a combination pill containing the novel progestin, drospirenone, in combination with ethinyl estradiol (EE).

Yaz lawsuits are personal injury cases in which women injured after taking Yaz birth control seek compensation for their injuries and losses.

Both Yaz and Yasmin birth control pills are known to potentially cause life-threatening side effects including blood clots, heart attacks, stroke, deep vein thrombosis, pulmonary embolism and liver damage.

Yasmin was introduced earlier (approved in 2001 by the FDA), and has a slightly higher EE level:

* Yasmin—3 mg drospirenone and 30 mcg EE per tablet
* Yaz—3 mg drospirenone and 20 mcg EE per tablet

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Yaz Yasmin Birth Control Information and Lawsuits

August 24, 2009

Side effects of Yaz birth control could increase the risk of life-threatening injuries. Yaz lawsuits are being reviewed nationwide.

Yaz, which is nearly identical to Yasmin birth control, is a newer type of oral contraceptive sold by Bayer. It has been aggressively marketed without adequate warnings about potentially life-threatening side effects.

This site provides Yasmin lawsuit information and the latest news regarding Yasmin side effects and problems. This relatively new birth control has been marketed heavily to women in the United States and is one of the first contraceptives considered a “fourth generation” birth control pill.

It is manufactured by Bayer which also markets Yaz birth control. Generic Yasmin is marketed as “Ocella” and is manufactured by Teva. Yasmin is a combination hormonal contraceptive. It contains the hormones ethinyl estradiol (estrogen) and drospirenone which is a synthetic form of progestin.

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FDA: Safety Review of Weight Loss Drugs Orlistat, Xenical and Alli

August 24, 2009

The U.S. Food and Drug Administration announced today that it is reviewing adverse event reports of liver injury in patients taking the weight loss drug orlistat, marketed as the prescription drug Xenical and the over-the-counter medication Alli.

Between 1999 and 2008, the FDA received 32 reports of serious liver injury in patients taking orlistat. Of those cases, 27 reported hospitalization and six resulted in liver failure. Thirty of the adverse events occurred outside the United States. The most commonly reported adverse events included yellowing of the skin or whites of the eyes (jaundice), weakness, and stomach pain.

The FDA is reviewing additional data submitted by orlistat manufacturers on suspected cases of liver injury, and the issue has been discussed at the FDA’s Center for Drug Evaluation and Research Drug Safety Oversight Board.

“The issues here are complex, but FDA has benefited from the input of the Board, including comments from representatives from three FDA Centers and several other Agencies in the Department of Health and Human Services,” said Steven Osborne, M.D., executive director of the Board.

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Nuvaring Side Effects, Stroke and Pulmonary Embolism

August 24, 2009

Lawsuits have been filed alleging death and serious injury associated with NuvaRing, a contraceptive product made by Organon.

NuvaRing birth control is a third generation contraceptive manufactured by Organon USA. Nuva Ring birth control is a flexible polyethylene ring that contains estrogen and a form of the progestin desogestrel. NuvaRing is considered a combination hormonal contraceptive.

Since Nuva Ring birth control is a relatively new form of contraceptive there are few studies regarding its safety and effectiveness. As early as 1995 studies had shown there was an increased risk of venous thrombosis (blood clots) in contraceptives containing desogestrel compared to second generation birth control that contained other types of progestins.

Venous thromboembolism (VTE) is a disease that includes deep vein thrombosis ( DVT) and pulmonary embolism (PE). A pulmonary embolism occurs when a segment of a thrombus (A clot within a blood vessel) within the deep venous system detaches from the vessel, travels to the lungs, and lodges within the pulmonary arteries.

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Yaz Birth Control Dangers and Lawsuits

August 23, 2009

The Yaz birth control pill has been on the market since 2006. Yaz is taken orally once daily to prevent pregnancy.

Yaz differs from other birth control methods because it contains a progestin hormone called drospirenone, which can increase potassium levels in the bloodstream. Yasmin, a birth control drug very similar to Yaz, has been on the market since 2001. It contains the same hormone as Yaz and is associated with the same health issues.

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Yaz, Yasmin and Pulmonary Embolism, Stroke, Heart Attack

August 23, 2009

Yaz and Yasmin manufacturers are now involved in multiple Federal and State lawsuits.

In October of 2008, a warning letter was sent by the Food and Drug Administration to Bayer HealthCare Pharmaceuticals, Inc., in response to claims the company had made for Yaz, a very popular and heavily promoted birth control pill.

The warning letter stated that Yaz has additional risks compared to other birth control pills because it contains drospirenone, a progestin hormone that can increase potassium levels.

Among the serious and debilitating injuries reported from the birth control pills are heart attacks, blood clots, strokes, pulmonary embolisms, deep vein thrombosis, gall bladder disease, and other serious injuries. Some deaths have even occurred.

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Levaquin Side Effects and Lawsuits

August 23, 2009

The antibiotic Levaquin has been associated with side effects that could increase risk of tendon ruptures and permanent damage of the tendon.

STATUS OF LEVAQUIN LITIGATION: All federal Levaquin lawsuits have been consolidated in an MDL before Judge John R. Tunheim in the U.S. District Court for the District of Minnesota. It has been suggested that the first cases could be trial ready by January 2010.

Throughout the country, Levaquin lawyers are continuing to review and investigate potential lawsuits for users of the antibiotic who have suffered a tendon rupture.

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Popcorn Workers Lung - Bronchiolitis Obliterans

August 22, 2009

Bronchiolitis Obliterans also known as Popcorn Workers Lung, is an obstructive lung disease in which the bronchioles of the lungs are blocked by the growth of fibrous tissue.

The moniker Popcorn Workers Lung has been given to Bronchiolitis Obliterans because workers in factories that make microwavable popcorn that uses diacetyl for the buttery flavoring are known to contract the disease. The disease is irreversible, and can become so severe that a lung transplant may be necessary. Popcorn Workers Lung is a rare disorder that is known to be caused by repeated exposure to toxic gases, namely diacetyl.

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Yaz Lawsuit

August 22, 2009

Yaz and Yasmin are popular and widely-used oral contraceptives targeting women with the promises of worry free contraception. But there is potentially life threatening Yasmin side effects and Yaz side effects.Yaz was recently targeted by the Food and Drug Administration (FDA) as a prescription drug that is more dangerous and less effective than advertised by Bayer Healthcare Pharmaceuticals.

In mid-August 2009, the results of two new studies of oral contraceptives, including Yaz and Yasmin, were released in the British Medical Journal Online. The studies showed that Yaz, Yasmin and the generic form of Yaz, Ocella, caused a six-fold increase in the risk of blood clots, which cause injuries such as Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE).

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FDA Cracks Down on Ibuprofen Pain Relief Gels

August 22, 2009

The Food and Drug Administration has issued warnings to eight companies for illegally marketing pain relief ointments containing ibuprofen.

Regulators said in a statement Thursday the companies do not have federal permission to market their products, which mix the popular pain relief drug with other ingredients. While ibuprofen is available in a variety of tablets like Advil, the FDA has not approved any ointments containing the drug.

"These companies have an obligation to demonstrate to the FDA that their products are safe and effective, and they have failed to do so," said Deborah Autor, director of FDA's office of compliance.

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Yaz and Yasmin: Birth Control Pill Has Caused Patient Deaths, Heart Attack, and Stroke

August 22, 2009

Yasmin is an oral contraceptive pill made by Bayer HealthCare Pharmaceuticals, Inc. that has been linked to heart attack, stroke, and blood clots in users. Women taking the drug to prevent pregnancy or to treat emotional and physical symptoms of PMDD (Premenstrual Dysphoric Disorder) and moderate acne have suffered severe injuries and even died as a result.

The drug has been linked to 50 or more deaths in the United States between 2004 and 2008 in addition to many other injuries. Bayer has been named in numerous lawsuits filed on behalf of women who were injured or died as a result of taking Yasmin.

Yasmin was approved by the Food and Drug Administration in 2006. A lower-dose version of the same drug, called Yaz, was approved in 2001. Yasmin is essentially the same drug as Yaz and uses a different kind of hormone than other birth-control pills, a drug called DRSP (drospirenone). DRSP has been shown to increase potassium in the body, which raises the possibility of severe health complications for women with kidney (renal) disease and cardiovascular conditions.

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Diacetyl Induced Popcorn Workers Lung

August 21, 2009

Dozens of workers around the country have developed the debilitating lung disease bronchiolitis obliterans, also known as “popcorn workers lung,” and other respiratory illnesses from exposure to vapors from diacetyl, a component of artificial butter flavor used in microwave popcorn and many other food products.

The National Institute for Occupational Safety and Health (NIOSH) conducted several studies that confirmed the link between occupational exposure to artificial butter flavoring and lung diseases. In 2000 they issued recommendations to a Missouri microwave popcorn plant about protecting workers from this hazard, and in 2003 they sent an alert recommending safeguards to 4,000 businesses that might use or make butter flavoring.

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Avandia Risk of Heart Failure and Lawsuits

August 21, 2009

If you believe you may have been harmed by the use of Avandia, it is important to note that your time to file a lawsuit against the maker of the drug could be running out. The statute of limitations in many states is coming up soon, and there still may be people who do not realize that the injury they have suffered could be related to their Avandia use.

New research shows that diabetics treated with the popular drug Avandia have higher risk of heart failure and death than those taking Actos, leading Canadian scientists to conclude that "continued use of [Avandia] may not be justified."

The findings, published in today's edition of the British Medical Journal, are the latest blow to the controversial blockbuster drug, manufactured by GlaxoSmithKline Inc.

Researchers stressed that the findings are relative and that Actos, a product of Takeda Pharmaceuticals North America Inc., also poses heart risks, albeit lesser ones.

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Gadolinium Nephrogenic Systemic Fibrosis (MRI Dye) and Lawsuits

August 21, 2009

A dye used in MRI (magnetic resonance imaging) and MRA (magnetic resonance angiography) scans has been linked to a rare and potentially fatal skin disease in some users.

The problem stems from the metal gadolinium found in the dyes injected into some patients before MRI scans and all patients before MRA scans.

The disease is known as nephrogenic systemic fibrosis or nephrogenic fibrosing dermopathy (NSF/NFD), and appears to only occur in patients with kidney disease who undergo an MRI or MRA where a gadolinium-based dye is used.

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Yas/Yasmin JPML Hearing Set for September 24, 2009

August 21, 2009

The Yasmin/Yaz lawyers at the Dr. Shezad Malik Law Firm are investigating potential Yasmin/Yaz lawsuits throughout the United States for claims on behalf of patients who took the drug and now suffer from deep vein thrombosis (blood clots in legs), pulmonary embolism, and/or strokes. Yasmin/Yaz have also been associated with heart attacks and death. These Yasmin/Yaz lawsuits allege product liability, negligence and failure to warn claims against Bayer Healthcare Pharmaceutical.

A MDL hearing has been set in the JPML Court in Richmond, Virginia on September 24, 2009.

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Fleet Phospho Soda Side Effects and Lawsuits

August 21, 2009

The Fleet Phospho-soda attorneys at Dr. Shezad Malik Law Firm are investigating potential lawsuits for individuals who have suffered severe kidney damage after a colonoscopy prep where Fleet Phospho-soda was used.

While most patients only became aware of the potential for Fleet Phospho-soda kidney problems when the product was recalled in December 2008, the manufacturer has been aware of the potential side effects for years.

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Yasmin, YAZ, Ocella Birth Control Personal Injuries

August 21, 2009

YAZ, also known as Yasmin or by its generic name Ocella is a birth control pill originally developed and manufactured by Berlex Laboratories, (a U.S affiliate of Schering AG).

YAZ, Yasmin, Ocella (drospirenone and ethinyl estradiol) is a combination birth control pill which contain two types of hormones: estrogen and a progestin. It is the only 24/4-day pill with the unique hormone, drospirenone (drsp) and its manufacturer claims that the product provides additional health benefits other then pregnancy prevention.

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Fleet Phospho Soda and Kidney Damage

August 20, 2009

Fleet Phospho Soda, a laxative product used for varying applications, was the subject of a December 2008 consumer alert from the FDA (the U.S. Food and Drug Administration). The alert warned that the use of phosphate-based laxatives such as Fleet Phospho Soda could result in kidney failure, even among individuals who do not have a medical condition that puts them at risk for kidney failure.

Fleet Phospho Soda is available without a prescription, it is a non-prescription laxative. It is widely used to clean the intestines before a colonoscopy and other medical procedures.

The Phospho Soda works by drawing fluid from the rest of the body into the colon; if an individual does not consume enough water or other fluids during Phospho Soda use, he or she may become dehydrated. The individual's level of phosphate salts in the kidneys may also become too high — a development that can result in a type of kidney damage called acute phosphate nephropathy (APN).

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Yaz and Yasmin Linked to Pulmonary Embolism, Heart Attacks and Strokes

August 20, 2009

Yaz is a relatively new oral birth control medication. But an unfortunate number of patients have found, Yaz also causes serious, and life-threatening side effects including pulmonary embolism (blood clots to the lung), heart attack and stroke.

Bayer HealthCare Pharmaceuticals Inc. - the drug’s manufacturer - before being regulated by the U.S. Food and Drug Administration in a recent mandate, marketed Yaz which minimized these very serious side effects, and misleading millions of women about the safety of this medication.

If you’re taking the prescription medication Yaz or Yasmin, also manufactured by Bayer, and have had any of the side effects associated with these compounds, you may be entitled to compensation.

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Yaz Lawsuits and Gallbladder Problems

August 19, 2009

Reports are now surfacing that women using Yasmin and Yaz birth control pills are developing gallbladder problems. Some women have had to undergo gall bladder removal surgery due to gallstones. Gall bladder disease includes inflammation, infection, stones, or obstruction of the gallbladder. There are two main types of gallbladder disease: cholecystitis (inflammation of the gallbladder) and cholelithiasis (gallstones).

We are currently evaluating and representing women who have suffered from gallbladder complications while on Yasmin birth control including gallbladder removal.

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Federal Lawsuits: Yasmin/Yaz Responsible for Blood Clots

August 19, 2009

Recent reports have noted possible dangers of Yasmin/Yaz in persons with some preexisting conditions. Federal lawsuits filed recently allege that since Yasmin and Yaz have been available, there have been over 50 related deaths and hundreds of serious health concerns due to complications with the medicine.

Yasmin and Yaz lawsuits filed allege that Bayer failed to adequately warn about the increased risk of serious heart and health problems associated with their birth control when compared to other available pills. They not only minimized the blood clot risk with Yaz and Yasmin, but also heavily marketing the drugs through deceptive advertisements designed to encourage doctors and patients to use their birth control pill over other available forms that may not present as great of a risk.

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Avandia Death Risk and Lawsuits

August 19, 2009

Avandia, an oral medication produced by GlaxoSmithKline, improves control of blood glucose levels in individuals with type-2 diabetes. Despite its ability to make insulin receptors more sensitive, Avandia does have some serious associated risks, as it can increase the chances that patients' develop:

* stroke
* congestive heart failure
* heart attack
* liver toxicity
* severe allergic reactions

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Update on Yaz and Yasmin Side Effect Lawsuits

August 18, 2009

A panel of federal judges will hear arguments later in September to determine whether all federal lawsuits against Bayer Pharmaceuticals Corporation over serious and potentially life threatening side effects of Yaz and Yasmin birth control should be centralized and consolidated in one district for coordinated handling as part of an MDL, or Multidistrict Litigation.

According to a notice recently issued by the U.S. Judicial Panel on Multidistrict Litigation, a hearing will be held on September 24 to consider whether the cases filed in various federal districts throughout the United States involve sufficiently common questions of fact and whether consolidation is appropriate.

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Yaz and Yasmin Blood Clot Risk

August 18, 2009

Yasmin was first approved by The Food & Drug Administration (FDA) in 2001 for women to use as birth control.

In 2008, the FDA issued Bayer Corp. a warning letter regarding false claims made in two Yaz television commercials. These false claims involved the ability of Yaz to treat premenstrual syndrome (PMS) and all types of acne. As a result, the company stopped running the ads, and later embarked on an advertising campaign that corrected the deceptive claims made in those commercials.

Yasmin has been associated with:

- Pulmonary Embolism (PE)

- Deep Vein Thrombosis (DVT)

- Heart Attack

- Stroke

- Death

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Paxil Side Effects and Birth Defects

August 17, 2009

New studies point to an increased risk of Paxil birth defects in babies whose mothers use the antidepressant during pregnancy. According to the findings of two studies, women who were taking Paxil during their first trimester were one and a half to two times more likely to have a baby with a heart defect than women who were taking other antidepressants or women of the general population.

A study published in the February 2006 issue of the New England Journal of Medicine found that maternal use of the antidepressant Paxil increased the risk—by as much as six times—of a birth defect known as persistent pulmonary hypertension, or PPHN.

Babies born with PPHN have difficulty circulating oxygen through their bodies because of constricted blood vessels in the heart and lungs.

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Yasmin, Yaz, Ocella Side Effects and Lawsuits

August 16, 2009

Yasmin and Yaz are two types of birth control oral contraceptive pills manufactured by Bayer Healthcare, and the generic, Ocella, is marketed and distributed by Barr Laboratories, Inc. Yasmin and Yaz contain the same estrogenic compound, ethinyl estradiol, that has been used in oral contraceptive “The Pill” since the 1970s, but the progestin in Yasmin and Yaz is new. Yasmin and Yaz both contain drospirenone, a “fourth generation” progestin – no other birth control oral contraceptive pills contain drospirenone, except for a recently approved generic version, Ocella.

If you have side effects from using these medications you can report them to the FDA.

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Researchers Say Women Should Take Safest Birth-Control Pill

August 16, 2009

Doctors should prescribe the birth- control pills that are the least likely to cause blood clots, according to a study of more than 3,000 women published today in the British Medical Journal.

Oral contraceptives containing levonorgestrel and a low dose of estrogen, such as Bayer AG’s Microgynon 30, were associated with the lowest risk of blood clots in the leg or lungs, researchers at Leiden University Medical Center in the Netherlands found. Birth-control pills containing desogestrel, cyproterone acetate or drospirenone carried about 1.5 to 2 times the risk of clots, they found.

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Yaz Information and Side Effects

August 15, 2009

Yaz prevents ovulation and causes changes in the cervical and uterine lining, making it harder for sperm to reach the uterus and harder for a fertilized egg to attach to the uterus.

Yaz is used as contraception to prevent pregnancy.

Yaz is contraindicated if you are pregnant or if you have any of the following conditions: a history of stroke or blood clot, breast or uterine cancer, abnormal vaginal bleeding, kidney or liver disease, an adrenal gland disorder, severe high blood pressure, migraine headaches, or a history of jaundice caused by birth control pills.

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Yaz and Yasmin Lawsuits to be Consolidated in Federal MDL

August 15, 2009

A motion/petition has been filed with the U.S. Judicial Panel on Multidistrict Litigation by plaintiff attorneys to consolidate and centralize all federal Yasmin and Yaz suits in one court for coordinated pretrial proceedings.

There are currently at least 40 federal court cases pending against Bayer Pharmaceuticals Corporation involving their Yaz and Yasmin birth control. The lawsuits all contain similar allegations that inadequate warnings were provided that Yaz and Yasmin side effects may increase the risk of potentially life-threatening injuries like heart attacks, strokes, gallbladder disease, deep vein thrombosis (DVT), pulmonary embolism (PE) and sudden death.

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FDA Warns of E-Cigarette Risks

August 15, 2009

The Food and Drug Administration is warning consumers about potential health risks associated with electronic cigarettes.

Also known as "e-cigarettes," electronic cigarettes are battery-operated devices designed to look like and be used in the same manner as conventional cigarettes.

Sold online and in many shopping malls, the devices generally contain cartridges filled with nicotine, flavor and other chemicals. They turn nicotine, which is highly addictive, and other chemicals into a vapor that is inhaled by the user.

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Hydroxycut Law Suit Filed in WV Against Iovate

August 14, 2009

A WV Kanawha County woman has filed a lawsuit against the makers of popular weight-loss product Hydroxycut, alleging that they falsely marketed their products as safe and effective dietary supplements.

In a suit filed last week in Kanawha Circuit Court, Rhonda M. Hawkins maintains that Ontario-based Iovate Health Sciences, Inc., and its subsidiaries and related companies defrauded the public by advertising that Hydroxycut products worked and had no adverse health effects.

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Defective Product Chinese Drywall Cases on 'Rocket Docket'

August 14, 2009

With thousands of homeowners claiming their houses and health are deteriorating from sulfur-emitting Chinese drywall, a federal judge in New Orleans is intent on fast-tracking a handful of cases for trial, attorneys say.

The first of these bellwether lawsuits could be tried by the end of the year, a timetable that encourages homeowners to think settlement. In contrast, drywall maker and defendant Knauf Plasterboard Tianjin welcomes home inspections and is investigating "practical solutions" but denies any health effects from its drywall.

About 600 tainted Chinese drywall lawsuits have been consolidated in multidistrict litigation under U.S. District Judge Eldon E. Fallon for pretrial issues. With the help of plaintiff and defense steering committees, Fallon will select five cases to test the waters.

"He is moving extremely fast, which is the right thing because people are living in homes that are toxic to them," said Victor Diaz, a partner at Podhurst Orseck in Miami and a member of the MDL plaintiff steering committee.

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New Study: Birth Control Medications and Risk of Blood Clots

August 14, 2009

More than 100 million women use the oral contraceptive pill worldwide. Many types of pill are available and the choice of which one to use is important to the women who use them and their doctors. Two linked studies assess the risk of venous thromboembolism in women taking the combined oral contraceptive.

All oral contraceptives are effective in preventing pregnancy if they are taken correctly, so the choice of which one to use rests on the profile of side effects.

Venous thromboembolism is one of the most serious side effects, and although it is rare, it can cause death (in about 1-2% of all cases of venous thromboembolism in women taking the pill).

New research suggests that many women do not use the safest available types of oral contraceptives, with many of the most popular birth control pills, such as Yaz and Yasmin, carrying a higher risk of blood clots.

The study, published today in the British Medical Journal, found that oral contraceptives containing desogestrel, cyproterone acetate or drospirenone were up to twice as likely to cause blood clots in women as birth control pills containing levonorgestrel and low doses of estrogen.

The study found that switching to the safer forms of birth control, like Bayer AG’s Microgynon 30 that contains levonorgestrel, reduced health risks while keeping the same level of pregnancy prevention.

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Merck Faces First Trial of Claim That Fosamax Attacks Jawbone

August 13, 2009

Merck & Co., the drugmaker facing 900 lawsuits over claims that its osteoporosis drug Fosamax causes the death of jawbone tissue, goes to trial tomorrow in a case that may affect all the others.

The trial in New York of the first case of the group, filed by Shirley Boles, 71, will be one of three so-called bellwether cases that may point the way to out-of-court settlements.

Continue reading "Merck Faces First Trial of Claim That Fosamax Attacks Jawbone " »

Hydroxycut Update: Defective Drugs and Lawsuits

August 13, 2009

Hydroxycut is a nutritional supplement manufactured and marketed by Iovate Health Sciences Inc., that claims to help consumers lose weight. "An estimated 15% of the US population uses dietary supplements for weight loss, and Hydroxycut is the top selling product in this class and market, with roughly a million units sold per year."

Its efficacy is considered questionable. On May 1, 2009, the U.S. Food and Drug Administration (FDA) issued a warning after some Hydroxycut products were linked to liver damage, rhabdomyolysis, and at least one death. The manufacturer then recalled the products.

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Speedy Chinese Drywall Litigation Given Thumbs up

August 12, 2009

As investigators with the Consumer Product Safety Commission prepared for a visit to China next week to look into tainted drywall, the federal judge overseeing the massive basket of legal cases reiterated his plan to speed the proceedings along.

In a report to Congress, the federal agency -- leading the investigation into Chinese drywall -- said it had received permission from Chinese officials for the trip, scheduled to begin on Monday.

Meanwhile, Judge Eldon E. Fallon, who plans to begin "bellwether" trials in January, told both sides during a status conference in New Orleans on Tuesday that he expected discovery to begin in a few weeks.

The process will be sped along by the use of "profile forms" rather than traditional interrogatories that can get mired in procedural delays.

Fallon also said he wanted an agreed-upon plan for inspecting and identifying affected homes by Friday. The inspections should determine whether a home had Chinese drywall and, if so, what kind of damage was present, Fallon said.

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Merck Faces Product Liablity Claim That Fosamax Attacks Jawbone

August 11, 2009

Merck & Co., the drugmaker facing 900 lawsuits over claims that its osteoporosis drug Fosamax causes the death of jawbone tissue, goes to trial tomorrow in a case that may affect all the others.

The trial in New York of the first case of the group, filed by Shirley Boles, 71, will be one of three so-called bellwether cases that may point the way to out-of-court settlements.

“In mass litigation, all eyes are on the first trial, not only because it shows the strategy of each side, but also because it’s the first information about how jurors respond to the evidence,” said Howard Erichson, a law professor at Fordham University in New York and an expert on civil procedure.

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Prescription Drugs and Defective Drug Side Effects

August 10, 2009

The side effects known to be caused by such prescription drugs as Accutane, Byetta, Chantix, Digitek, Fentanyl patches, Heparin, Nuvaring, Paxil, Levaquin Yaz/Yasmin and Ortho Evra just to name a few, were repeatedly covered up instead of having FDA approval.

If you or someone you know is taking or has taken prescription drugs in the past, and have experienced serious side effects from them, you should report a side effect to the FDA, CLICK HERE FOR MORE INFORMATION.

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Levaquin Lawsuits and Side Effects

August 10, 2009

The various Levaquin antibiotic lawsuits that have been filed in the state of New Jersey due to Levaquin side effects may be consolidated before a single judge. The alleged tendon rupture problems associated with Levaquin medicine and the resulting adverse affects are prompting many plaintiffs towards legal action.

As is the usual feature for class action lawsuits and consolidations, plaintiffs all appear to have similar complaints and allegations with regard to Levaquin (levofloxacin) and the potential for adverse effects involving tendons.

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Yaz Yasmin and Drospirenone Side Effects

August 10, 2009

Yaz and Yasmin are different from other combination birth control pills because they both contain a new type of progestin hormone known as drsp or drospirenone.

However, drospirenone has diuretic activity that can cause an increase in the user’s potassium levels, which can lead to dangerous health problems and is especially dangerous to users who have pre-existing kidney, liver and adrenal disease.

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Yaz Side Effects and Pulmonary Embolism

August 9, 2009

Yaz birth control increases the risk of pulmonary embolism, a condition in which an artery in the lung (part of the body's pulmonary system) is blocked by a blood clot so the blood cannot get through to the lung.

All combined-hormone contraceptives (including Yaz birth control pills) increase a woman's likelihood of suffering a pulmonary embolism, especially if she uses the contraceptive and:

* smokes
* is over 35
* has a family or personal history of pulmonary embolism

Continue reading "Yaz Side Effects and Pulmonary Embolism" »

Yasmin Generic Lawsuit Knocks out Bayer's Patent over Birth Control Pill

August 9, 2009

A federal appeals court has invalidated Bayer’s patent for the birth control pill Yasmin, allowing Teva Pharmaceuticals to produce the generic version, Ocella, without licensing the drug.

The U.S. Court of Appeals affirmed a lower court’s finding that the use of the progestin drospirenone that led to Yasmin were too obvious a pharmaceutical development for Bayer to patent.

Yasmin is an oral contraceptive that combines drospirenone with the estrogen component ethinyl estriadol to prohibit ovulation. While many birth control pills use ethinyl estriadol in combination with progestins, Yasmin was the first to use drospirenone.

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Yasmin/Yaz Side Effects Caused Several Deaths: Lawsuits filed

August 9, 2009

Federal lawsuits have been filed in Ohio and Wisconsin alleging that since Yasmin/Yaz has been available on the market, it has been responsible for over 50 deaths and hundreds of health concerns due to complications with the medicine.

According to medical reports, patients with preexisting conditions such as diabetes, chronic high blood pressure, and several others are at a high risk of dangerous Yasmin side effects.

Yasmin and Yaz are monophasic, combined oral contraceptive pills, developed by Bayer AG. They are a combination of two main chemicals: drospirenone and ethinylestradiol. The complications seem to be a result of the drospirenone; as it is processed in the body, women can experience incresed levels of potassium in their blood over a period of time.

Complications arising from increased potassium levels in the blood include deep vein thrombosis, pulmonary embolism, stroke, blood clots and renal (kidney) complications.

Report Yaz/Yasmin side effects to the FDA.

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Birth Control Pill Yaz and Cardiovascular Side Effects

August 8, 2009

YAZ (3 mg drospirenone/20 mcg ethinyl estradiol) is an oral contraceptive (OC) which is the first pill to combine 20 mcg of ethinyl estradiol (EE) with the so-called "fourth generation" progestin drospirenone (DRSP). YAZ was approved by the FDA in March 2006.

A company press release: "FDA Approves YAZ(R), The First Oral Contraceptive To Offer Drospirenone In A 24-Day, Active-Pill Regimen", issued at the time of FDA approval.

File a report of side effects of YAZ/YASMIN to the FDA here.

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YAZ, Yasmin, and Ocella Pills Cause a Higher Rate of Blood Clots

August 8, 2009

Estrogen Combined With New Progestin Drospirenone (DRSP) Increase Risks Of Serious Side Effects Like Pulmonary Embolism, Stroke, And Heart Attack

All hormonal birth control options are associated with health risks. The oral contraceptive pills YAZ, Yasmin, and Ocella are associated with a possible higher rate of blood clots. Blood clots can cause serious side effects from YAZ, Yasmin, and Ocella – namely, stroke, heart attack, pulmonary embolism, and deep vein thrombosis.

A blood clot which begins in one part of the body can become a thromboembolism – essentially a blood clot that moves. A clot which moves into the lungs, heart, or brain is a very serious condition which can be fatal, and result in death.

Deep vein thrombosis, DVT, is a blood clot which most commonly forms in the leg. A pulmonary embolism, PE is a dangerous condition in which a clot forms in or has moved into the lungs. When a clot reaches the heart it can cause a heart attack, and clots in the brain can lead to strokes.

There are three possible reasons, or ways, that YAZ, Yasmin, and Ocella are suspected to increase a woman’s risk for thrombosis and thromboembolism: estrogen / progestin combination; DRSP’s link to hyperkalemia; and, DRSP’s diuretic effect.

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Yaz/Yasmin Side Effects Leads to Mass Tort Lawsuits

August 8, 2009

There is a mounting number of lawsuits being filed against Bayer HealthCare Pharmaceuticals, and the plaintiff’s attorneys across the United States are calling this the latest mass tort. The product liability and personal injury lawsuits against the major pharmaceutical company all allege serious injuries and in some cases death is caused by the fourth generation oral contraceptives, Yaz and Yasmin.

While the two birth control pills are not exactly the same, they are very similar. They both contain the novel progestin component, drospirenone, which is a diuretic that has the potential to significantly increase a risk of increased potassium levels which can lead to both gallbladder damage and blood clots.

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Mylan Faces Several Product Liability Lawsuits Over Fentanyl Pain Patches

August 8, 2009

A Texas law firm is targeting generic drug giant Mylan Inc., along with other pharmaceutical companies, in product liability lawsuits related to the manufacture of pain patches.

The lawsuits involve the powerful painkiller fentanyl, which is applied to the skin in a patch for the slow release of the medication. In the Mylan lawsuits, the plaintiffs attribute 28 deaths to the patches.

Mylan makes the patches at its plant in St. Albans, Vt., which is operated by Mylan subsidiary Mylan Technologies Inc.

“We think there was a manufacturer defect,” according to the plaintiffs' attorney. “What we don’t know is the exact nature of the defect.”

Mylan has denied liability in court filings.

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Defective Drug: Yaz/Yasmin Side Effects Includes Pulmonary Embolism

August 6, 2009

Yaz, is manufactured by Bayer Pharmaceuticals, and there are at least 32 federal court cases pending against Bayer regarding their contraceptive pill and the side effects.

There are serious side effects that include:

* Blood clots in the legs – Oral contraceptives have warned of the potential for blood clots for years, but it has been alleged that Yaz causes deep vein thrombosis (DVT), which can lead to a pulmonary embolism (PE).
* Pulmonary embolism (PE) – These are caused by the DVT leg blood clots breaking off and lodging in the lungs.
* Heart attack – These are probably caused by blood clots in the coronary arteries.
* Stroke – These are caused by the DVT leg blood clots breaking off and lodging in the brain.
* Liver damage – Liver damage has also been associated with Yaz.

Continue reading "Defective Drug: Yaz/Yasmin Side Effects Includes Pulmonary Embolism" »

Yasmin / Yaz Defective Drug Lawsuit Consolidation

August 5, 2009

It is common in defective drugs claims, when a large group of people file lawsuits against a drug maker to have similar allegations that an injury was caused by a side effect of a particular drug.

The plaintiffs are seeking to consolidate all Yasmin and Yaz birth control lawsuits in an MDL, or Multidistrict Litigation, where the individual cases would be assigned to one judge and handled in a manner similar to how a Yasmin / Yaz class action lawsuit would be managed during pretrial litigation.

The Yaz / Yasmin lawyers are reviewing potential lawsuits involving serious and life-threatening injuries caused by these popular birth control pills, and support the formation of an MDL, as it will benefit the women who have experienced Yasmin / Yaz problems.

The motion was filed in July with the U.S. Judicial Panel on Multidistrict Litigation asking that an MDL be formed for the Yasmin / Yaz litigation, and that all of the cases filed in different federal district courts throughout the United States be transferred to the Northern District of Ohio for coordinated handling.

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CBS News Investigation Finds 59 Deaths, Hundreds Of Injuries Linked To Yamaha's Off-Road Vehicle

August 5, 2009

In the swath of Kentucky called the Land Between The Lakes, the Turkey Bay Off-Highway Vehicle Area is a rugged expanse of hills and woodlands crisscrossed by 100 miles of trails. Test drivers came here in July, 2002, to try out the Yamaha Rhino, a new breed of off-road vehicle then in development, and had a mishap that would resonate years later.

Keisuke "Casey" Yoshida, president of a U.S. subsidiary of Yamaha Motor Co. Ltd., was behind the wheel of a Rhino prototype. Ike Miyachi, a company vice president in charge of Rhino development, rode beside him in the passenger seat. After descending a long hill to flat ground, the Rhino tipped over, giving Miyachi a foot injury.

At a meeting weeks later, Yoshida raised a question that now seems prophetic. "Casey wants update on instability of vehicle for future liability cases," according to minutes obtained by CBS News.

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Defective Drugs: Neurontin Lawsuits and Suicide

August 5, 2009

Pfizer Inc.’s Warner-Lambert unit created a list of 13 ailments that its epilepsy medicine Neurontin could treat as part of its promotion of the drug for unapproved uses, a former employee testified.

“I was trained from day one” to market the drug illegally, David Franklin testified. Franklin, who worked as a medical liaison at the Parke-Davis division of Warner-Lambert, said he encouraged doctors to prescribe Neurontin for uses beyond those approved by the U.S. Food and Drug Administration.

“My job was to promote Neurontin and motivate doctors to experiment” on patients, he said today in federal court in Boston. After being hired as a medical liaison, “I was selling drugs,” he said. The uses promoted were from the “snake-oil list” of 13 medical conditions, said Franklin, a microbiologist.

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FDA: Arthritis Drugs Linked to Cancer Risk in children

August 4, 2009

Federal regulators on Tuesday added stronger warnings to a group of best-selling drugs used to treat arthritis and other inflammatory diseases, saying they can increase the risk of cancer in children and adolescents.

After more than a year of review, Food and Drug Administration scientists said the drugs appear to increase the risk of cancer after they are used beyond 2 1/2 years. The agency studied several dozen reports of cancer in children taking the drugs, some of which were fatal. Half of the cases were lymphomas, a cancer that attacks the immune system.

The drugs are known as tumor necrosis factor blockers and work by neutralizing a protein that, when overproduced, causes inflammation and damage to bones, cartilage and other tissue. The drugs are prescribed to children with rheumatoid arthritis, inflammatory bowel disorder and Crohn's disease.

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Yaz and Yasmin and Increased Risk of Cardiovascular Side Effects

August 4, 2009

Four Yaz and Yasmin lawsuits have been filed in Pennsylvania state court against Bayer, claiming that the company failed to warn consumers that the birth control pills increase the risk of a variety of cardiovascular health problems.

The complaints were filed on July 29 in the Philadelphia Court of Common Pleas on behalf of plaintiffs Rae Anne Bailor, Felicia R. Hill, and couples Erin and Daniel Shae, and Heather and Chris Karabin. The plaintiffs allege that they suffered a variety of ailments after taking the birth control pills, including pulmonary embolisms and health complications that required gallbladder removal for two of the plaintiffs.

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No Punitive Damages Against Merck in Fosamax Trial

August 4, 2009

Merck & Co., facing more than 850 lawsuits over claims that its osteoporosis drug Fosamax may cause irreversible “jaw rot,” won’t face punitive damages in the first trial, a federal judge said.

U.S. District Judge John Keenan said at a hearing today in New York that he’ll release a decision as early as July 31 knocking out the possibility of punitive damages in the case. He’ll deny Merck’s request to rule in its favor on liability, which means the case will go to trial Aug. 11, he said.

Keenan has scheduled three so-called bellwether trials through January to show each side the other’s strategy and possibly point the way to settlements. The judge earlier denied the plaintiffs’ request to treat the litigation as a class, or group, lawsuit allowing them to ask for court-ordered medical monitoring of all Fosamax users.

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Carcinogens and Poisons Found in Electronic Cigarettes

August 3, 2009

The Food and Drug Administration on Wednesday released an analysis of 19 varieties of electronic cigarettes that said half contained nitrosamines (the same carcinogen found in real cigarettes) and many contained diethylene glycol, the poisonous ingredient in antifreeze. Some that claimed to have no nicotine were found to have low levels of the drug.

E-cigarettes are promoted by their manufacturers as safer than traditional cigarettes because they do not burn tobacco. Instead, a lithium battery in the cigarette-shaped device heats a solution of nicotine in propylene glycol, producing a fine mist that can be inhaled to deliver nicotine directly to the lungs.

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Neurontin Pfizer Product Liability Lawsuit Dropped

August 3, 2009

After her family dropped its lawsuit in the midst of trial, Pfizer Inc. won’t face a lawsuit over claims its epilepsy drug Neurontin helped lead a Massachusetts woman to commit suicide,

Susan Bulger’s family agreed to dismiss the suit after an anonymous donor offered to put money in a trust for her 10-year- old daughter, Regina, said Mark Lanier, the family’s lawyer. The trial began July 27 and was scheduled to run three weeks in federal court in Boston.

The suit was the first of about 1,200 involving Neurontin. The family claimed Pfizer, the world’s largest drug company, promoted the medication for unapproved uses and didn’t warn it could increase the risk of suicide until forced to do so by the government. Pfizer said Bulger had a history of drug abuse and had made six suicide attempts before taking her life in 2004.

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Defective Drugs: Levaquin Lawsuits and Tendon Rupture

August 2, 2009

The U.S. Food and Drug Administration (FDA) has notified manufacturers of fluoroquinolone antimicrobial drugs that a Boxed Warning in the product labeling concerning the increased risk of tendinitis and tendon rupture is necessary.

FDA agrees to Public Citizen's request to issue a "black box" warning in the product label and a guide for patients warning of the dangers of tendinitis and tendon rupture with the fluoroquinolone antibiotics, but fails to send a letter to doctors warning of these dangers.

The medications involved in this action are: Cipro and generic ciprofloxacin, Cipro XR and Proquin XR (ciprofloxacin extended release), Factive (gemifloxacin), Levaquin (levofloxacin), Avelox (moxifloxacin), Noroxin (norfloxacin), and Floxin and generic ofloxacin.

Through its new authority under the Food and Drug Administration Amendments Act of 2007 (FDAAA), the agency also determined that it is necessary for manufacturers of the drugs to provide a Medication Guide to patients about possible side effects.

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FDA Warning: NJOY Firm Continues to Sell E-Cigarettes

August 2, 2009

NJOY, the electronic cigarette brand based in Scottsdale, will continue to market the tobacco-less devices despite a warning from the Food and Drug Administration that it could pose health risks.

Public health officials said last week that electronic cigarettes, or "e-cigarettes," may not be such a healthy alternative to traditional cigarettes.

The FDA tested NJOY and another brand. Results showed some of the samples in both brands contained human carcinogens and tobacco impurities suspected of being harmful to humans.

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Defective Drugs: Reglan Lawsuits and Tardive Dyskinesia

August 2, 2009

The drug Metoclopramide (brand name Reglan, Octamide, Maxolon ) which is used to treat some gastrointestinal disorders such as gastro-esophageal reflux disease (GERD), diabetic gastroparesis and nausea has been linked to the serious neurological movement disorder known as tardive dyskinesia.

On February 26, 2009 the FDA issued an alert warning against chronic use of metoclopramide containing drugs and requiring a boxed warning.

Reglan side effects of tardive dyskinesia and drug induced movement disorders are characterized by rarely reversible symptoms that include random movements in the tongue, lips or jaw as well as facial grimacing, movements of arms, legs, fingers and toes along with swaying movements of the trunk or hip.

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Arlington Texas Asbestos Litigation

August 1, 2009

The asbestos lawsuits filed in the United States over the past fifty years constitute the longest running mass tort in the country’s history. A tort is defined as a civil action taken based on a negligent or intentional harm done that is not based on contract law.

A Rand Corporation research says that by the end of 2002, about 730,000 individuals claiming physical harm from asbestos exposure had filed suit against about 8,400 corporations and businesses. At that point, about seventy corporations had filed for bankruptcy protection over their asbestos liability.

Today, in 2009 the number of bankruptcy filings has reached one hundred. The number of lawsuits since 2002 are several hundred thousand in number and they have increased each year. Because the diseases caused by asbestos exposure have latency periods of up to fifty years, many people who were exposed to asbestos decades ago are just now getting sick.

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Defective Drugs: Yaz and Yasmin Birth Control Lawsuits and Increased Risk of Strokes

August 1, 2009

Yasmin and Yaz are birth control pills manufactured by Bayer Healthcare. The generic brand Ocella is marketed and distributed by Barr Laboratories, Inc. Yasmin and Yaz contain the same estrogenic compound, ethinyl estradiol, that has been used in the Pill since the 1970s, but the progestin in Yasmin and Yaz is new.

Yasmin and Yaz both contain drospirenone, a "fourth generation" progestin. No other birth control pills contain drospirenone, except for a recently approved generic version of Yasmin and Yaz, called Ocella.

Continue reading "Defective Drugs: Yaz and Yasmin Birth Control Lawsuits and Increased Risk of Strokes" »

Defective Drugs: Byetta Lawsuits and Acute Pancreatitiis

July 31, 2009

Byetta which is used to treat Type 2 diabetes, has side effects that could increase the risk of serious and potentially life threatening pancreatitis.

Reports have found an association between Byetta and pancreatitis. Amylin Pharmaceuticals and Eli Lilly & Co., the manufacturers of the defective drug have failed to adequately warn about the risk of the serious and potentially fatal injury.

Byetta lawsuits are being investigated for users diagnosed with:

* Acute Pancreatitis
* Hemorrhagic Pancreatitis
* Necrotizing Pancreatitis

Potential cases are being evaluated throughout the United States.

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Defective Drug: Yasmin Lawsuits

July 29, 2009

Yasmin lawsuits are personal injury cases that seek settlements for women injured after taking Yasmin (drospirenone), a contraceptive pill also prescribed in the treatment of moderate acne and premenstrual dysphoric disorder (PMDD) for menstruating women. Yasmin may also be sold under the brand name Yaz, a form of drospirenone manufactured and distributed by Bayer.

Produced by Berlex Laboratories, Inc., Yasmin has been reported to cause a variety of serious side effects since its FDA approval in May 2001. Women injured after taking Yasmin will likely be entitled to compensation by pursuing a Yasmin lawsuit.

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Baxter Contaminated Heparin Class Action Lawsuit Still Open

July 29, 2009

Patients who were harmed because of heparin contamination still have time to bring claims against the makers of the heparin products. Patients may have been exposed to contaminated heparin through injections, pre-filled syringes or IV bags. It is important for people affected by contaminated heparin to hold those responsible accountable for what happened.

Heparin is a blood thinner, used in a variety of procedures, including dialysis and cardiac procedures. In early 2008, the US Food and Drug Administration (FDA) announced a recall of certain Baxter heparin products after the agency received reports of adverse reactions linked to the products. Within a month, hundreds of reports detailing severe reactions to heparin surfaced worldwide. The recall was later expanded to include more products and other companies.

The FDA discovered that the contaminant was oversulfated chondroitin sulphate (OSCS), the reactions to OSCS can be extreme; with large doses of heparin, it can result in death.

Injuries linked to contaminated heparin include nausea, vomiting and flu-like symptoms to anaphylactic shock, coma and even death.

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FDA Warns Against Bodybuilding Products Containing Steroids

July 29, 2009

Federal regulators warned consumers on Tuesday not to use body-building products that are sold as nutritional supplements but may contain steroids or steroidlike substances, citing reports of acute liver injury and kidney failure.

The Food and Drug Administration said it issued the warning because of increased reports of medical problems in men who had used such products.

But except for naming eight specific supplements sold by a single company, the Food and Drug Administration did not provide much clear guidance to consumers on what other products to avoid. The F.D.A. acknowledged that it did not know how many products its warning affect

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Defective Drug: Accutane Lawsuits and Inflammatory Bowel Disease

July 28, 2009

Accutane has been a controversial acne medication because of the serious risk of side effects and suicides attributed to it. The FDA warned physicians prescribing the acne medication to be aware of any signs of depression their patients might display. Accutane manufacturer Hoffman-LaRoche did not warn patients and healthcare professionals of the potential risks involved with Accutane until after the FDA made this advisement.

In October 2001, Congressman Bart Stupak expressed his concerns about Accutane following the suicide of his son who was taking Accutane. Accutane manufacturer has warned physicians that the acne drug can possibly cause "depression, psychotic symptoms, and rarely suicide attempts," but still the company maintains they believe the drug is safe. In addition, Accutane carries high risk of serious birth defects, including deformed babies, miscarriage, premature birth, or death of the baby.

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Fleet Phospate Class Action Lawsuits For Kidney Damage

July 25, 2009

If you took an oral sodium phosphate (OSP) to clean your bowels prior to a colonoscopy and have developed kidney damage, there is a chance your health problems are linked to the use of the OSP. In 2008, certain oral sodium phosphates, including OsmoPrep and Visicol were given a black box warning, the highest warning required by the FDA, alerting patients to the risk of kidney damage.

The OsmoPrep and the Visicol are prescription drugs, and there is also an over-the-counter preparation called a Fleet enema. These also have been linked with acute kidney damage when used as bowel preparation for a colonoscopy but not when used as a laxative. In 2008, they were also given a black box warning that warns of the potential risks of renal failure."

There are some people who are more susceptible to renal failure than others. Some factors that can affect a patient's susceptibility include having pre-existing kidney damage, being dehydrated while taking the OSP, being on an angiotensin-converting enzyme (ACE) inhibitor while taking the OSP, being on an angiotensin receptor blocker (ARB) while taking the OSP, having increased bowel transit times (such as a bowel obstruction or colitis), or being on a non-steroidal anti-inflammatory drug (NSAID) while taking the OSP. A final risk factor is being 55 years of age or older at the time the OSP is taken.

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Avandia Class Action Lawsuits and Increased Risk of Strokes

July 22, 2009

If you are a patient taking Avandia and have suffered a heart attack or stroke, you need to seek legal advice as the time for filing a lawsuit may be running out, . Avandia is used to treat type 2 diabetes mellitus but studies have linked Avandia to an increased risk of adverse heart events.

Avandia was found to have an increased risk of heart attacks and strokes, the problems it causes are similar to those caused by Vioxx. Avandia is believed to increase a certain subset of cholesterol that also increases the risk of heart attacks.

The FDA issued a safety alert in May, 2007, based on different studies, and found that people with underlying heart disease are at an increased risk of one of those events [heart attack or stroke] if they are taking Avandia. There was a meta-analysis, where researchers looked at different studies, and that showed a 30 to 40 percent greater risk of a heart attack in patients treated with Avandia than people treated with a placebo or other diabetes therapies.

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Defective Drug: Nuvaring Lawsuits and Increased Risk of Stroke

July 20, 2009

Introduced in the U.S. in July 2002, NuvaRing is a vaginal contraceptive ring that is over 98 percent effective at preventing pregnancy when it is used properly.

NuvaRing birth control works over the course of three weeks by slowly releasing hormones into a woman's body. While NuvaRing needs to be removed during the fourth week of a month (to allow for menstruation), the contraceptive effects of this birth control device continue to persist.

Currently, over 1.5 million women in 32 countries, including the U.S., the Netherlands and Australia, use NuvaRing.

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Chantix Diabetes Side Effects and Lawsuits

July 20, 2009

According to adverse drug event reports received by the FDA, there may be a connection between the use of Chantix and diabetes. The drug has been linked with a number of reports involving new onset diabetes.

The Chantix attorneys at Dr Shezad Malik Law Firm are evaluating the potential for legal cases on behalf of individuals who were diagnosed with diabetes for the first time after using Chantix.

While studies have not firmly established that Chantix causes diabetes, sufficient reports of problems associated with the use of the drug warrant further investigation. Potential cases are being reviewed throughout the United States.

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Fleet Phospho-soda and Acute Phosphate Nephropathy Lawsuits

July 20, 2009

The use of oral sodium phosphate products, like Fleet Phospho-soda, Visicol and OsmoPrep, to clear out the bowels before a colonoscopy or other medical procedure, have been associated with the development of a rare but serious form of kidney injury known as acute phosphate nephropathy.

The Fleet Phospho-soda attorneys at Dr Shezad Malik Law Firm are investigating potential Acute Phosphate Nephropathy lawsuits for patients who have been diagnosed with the kidney condition after using an over-the-counter Fleet Phospho-soda laxative at high doses for colonoscopy prep.

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Zicam Lawsuits and the FDA Complaint

July 19, 2009

The Food and Drug Administration (FDA) has caught the manufacturers of Zicam and that should force it, to regulate homeopathic products.

FDA regulations require that drugs and treatments be “scientifically proven safe and effective.” Homeopathic remedies, except when people rely on them to treat serious conditions, are usually safe. So far, though, the FDA has ignored the multi-million dollar fraud. But now there is harm.

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Zicam Matrixx Initiatives, Inc. Investor Class Action Lawsuit

July 18, 2009

An investor with Matrixx Initiatives, Inc. the maker of Zicam, has filed a proposed securities class action lawsuit in the United States District Court for the District of Arizona on behalf of shareholders of Matrixx Initiatives, Inc., who purchased Matrixx stock between December 22, 2007 and June 15, 2009, in relation to Matrixx Initiatives alleged violations of FDA regulations involving the Zicam Cold Remedy products.

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Accutane Lawsuits and Litigation

July 17, 2009

Millions of people who have used the prescription acne medication call it a miracle. But the drug also has been the target of lawsuits, federal investigations and scientists who say the drug is overused and that its dangers outweigh its benefits.

But now Accutane is gone. Its maker, Swiss pharmaceutical giant Roche Holding, pulled it from the market last week. The company maintains the drug is safe but says it can't compete with generic versions that flooded the U.S. market several years ago.

Others say Roche has had trouble shaking off the studies and lawsuits that link it to everything from birth defects to depression. Juries recently awarded at least $33 million in damages to users who blamed the drug for bowel disorders.

"We've never advocated this drug being taken off the market," said Dr. Sidney Wolfe of Public Citizen, a consumer advocacy group that has been vocal about Accutane.

Click here for the Accutane Case List

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Denture Cream Lawsuits

July 15, 2009

U.S. District Judge Cecilia M. Altonaga, who is handling the consolidated Fixodent and Super PoliGrip lawsuits filed over zinc poisoning from denture creams, issued an order designating lawyers to serve in leadership positions in the MDL, or Multidistrict litigation. These denture cream lawyers will perform services that benefit all of the plaintiffs involved in the litigation during the pretrial proceedings.

On June 9, 2009, the Judicial Panel on Multidistrict Litigation centralized all federal denture cream lawsuits before Judge Altonaga in the U.S. District Court for the Southern District of Florida, for coordinated discovery and pretrial litigation.

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FDA Safety Information and Adverse Event Reporting Program

July 15, 2009

MedWatch June 2009 Drug Safety Labeling Changes posting includes 31 drug products with safety labeling changes to the following sections: BOXED WARNING, CONTRAINDICATIONS, WARNINGS, PRECAUTIONS, ADVERSE REACTIONS, PATIENT PACKAGE INSERT, and MEDICATION GUIDE.

The "Summary Page" provides a listing of drug names and safety labeling sections revised:

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Nature & Health Co. Issues Voluntary Nationwide Recall of Six Male Enhancement Products Marketed as Dietary Supplements

July 15, 2009

Opteron 1 Inc. dba Nature & Health Co., announced today that it is conducting a voluntary nationwide recall of the company's five supplement products sold under the following names: LibieXtreme, Y-4ever, Libimax X Liquid, Powermania Liquid and Capsule, Herbal Disiac.

The Company has been informed by representatives of the Food and Drug Administration (FDA) that lab analysis by FDA of these five samples found they contains either tadalafil, an active ingredient of an FDA-approved drug for erectile dysfunction (ED) , its analog aminotadalafil, or the analog of sidenafil, an active ingredient of another FDA-approved ED drug, making these products unapproved drugs. None of the active drug ingredients are listed on the product labels. The undeclared ingredients may interact with nitrates found in some prescription drugs such as nitroglycerin and may lower blood pressure to dangerous levels. Consumers with diabetes, high blood pressure, high cholesterol, or heart disease often take nitrates. Additionally, the product may cause side effects, such as headaches and flushing.

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Rhabdomyolysis and Cholesterol Lowering Drugs

July 15, 2009

A serious and potentially fatal muscle condition, known as Rhabdomyolysis, could be caused a number of different prescription medications.

The use of statin drugs, such as Baycol and Crestor, have been linked to side effects of Rhabdomyolysis, and the combination of drugs containing simvastatin, such as Zocor, Vytorin and Simcor, with heart drugs containing amiodarone, such as Cordarone and Pacerone, could increase the risk of the disorder. Recent reports also suggest that the dietary supplement Hydroxycut is associated with reports of rhabdomyolysis.

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Shoulder Pain Pump Litigation

July 14, 2009

The use of intra-articular pumps, also known as pain pumps or pain balls, to deliver medication to the shoulder following arthroscopic shoulder surgery has been linked to the development of a painful and debilitating condition which causes the loss of cartilage in the shoulder. The condition, known as Postarthroscopic Glenohumeral Chondrolysis or PAGCL, has no consistently successful treatment and often results in permanent shoulder pain.

STATUS OF SHOULDER PAIN PUMP LITIGATION: Lawsuits are currently pending and potential cases are still being reviewed by product liability lawyers. Motions have been filed to consolidate all Federal shoulder pain pump lawsuits and transfer the cases to one court for pre-trial proceedings.

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Gadolinium MRI Dye Linked to Skin Disease

July 14, 2009

A Rhode Island woman has joined 516 other plaintiffs in a massive lawsuit against pharmaceutical companies that make certain dyes used for magnetic resonance imaging (MRI).

The woman, who did not want to be identified, was diagnosed with nephrogenic systemic fibrosis (NSF) in 2006 after being injected with a contrast-agent made with gadolinium . It's a rare disease that affects people with renal failure, such as kidney disease.

The contrast-agent, or dye, is used during an MRI to help technicians and doctors examine tissue. Patients with healthy kidneys simply flush the gadolinium out. People diagnosed with NSF, however, describe their skin turning wood-like, eventually cracking. The disease can move to organs where it can be fatal.

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Bayer Sued Over Safety of Birth Control Pills Yaz and Yasmin

July 14, 2009

First came the warning letter from the U.S. Food and Drug Administration; now lawsuits.

Bayer HealthCare Pharmaceuticals has been hit with four individual federal lawsuits -- three in Ohio, one in Wisconsin -- involving the safety of its popular birth control pills Yaz and Yasmin.

The lawsuits -- which were filed on July 7, 9 and 10 -- come after Bayer reached an agreement with the Food and Drug Administration in 2008 to run a $20 million corrective ad campaign for overstating the benefits of Yaz and downplaying its risks. The FDA had issued Bayer a warning letter about the ads, noting that Yaz actually has additional risks compared to other birth control pills because it contains the progestin drospirenone, which can increase potassium levels.

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Medtronic Paradigm Recall: Quick-Set Infusion Sets for MiniMed Insulin Pump

July 13, 2009

Medtronic Inc. has recalled three million disposable infusion sets designed for their MiniMed Paradigm insulin pumps after discovering that some of them could deliver incorrect doses of insulin, potentially leading to injury or death.

The Medtronic Paradigm recall involves one lot of Quick-set infusion sets, which are disposable plastic tubes used to infuse a diabetes patient from the Medtronic insulin pump. They are usually replaced after three days. Medtronic issued a press release on July 10 alerting users that approximately 2%, or about 60,000 units, from one lot of its infusion sets have a defect that could give too much insulin to the patient.

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Zicam Lawsuit and the FDA

July 10, 2009

Has a Zicam nasal cold remedy robbed you of your sense of smell, and possibly the ability to taste? If so you have probably been stricken with a condition called anosmia – loss of sense of smell, sometimes accompanied by loss of sense of taste - related to the presence of zinc gluconate in Zicam intranasal cold remedies. Like thousands of other people who have used Zicam nasal gel or swabs, you probably had no idea that these products could be so dangerous.

Matrixx Initiatives, Inc. has had to remove several varieties of Zicam nasal cold remedies from the market because of their association with anosmia. The lawyers at our firm are currently representing scores of people in personal injury lawsuits who lost their ability to smell, and in some cases taste, after using a Zicam nasal gel or swab to treat or prevent a cold.

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Yasmin and Yaz Side Effects

July 8, 2009

Yasmin was introduced in 2001 by Berlex Laboratories as a combined hormonal oral contraceptive. After Berlex was acquired by Bayer Healthcare in 2006, they marketed Yaz, which was an identical drug to Yasmin, except that Yasmin contained 30 mcg of ethinyl estradiol, while Yaz contained 20 mcg. Yasmin/Yaz was sold throughout the world but they are linked with problems and side effects.

Side effects such as Deep Vein Thrombosis (DVT), Pulmonary Embolism (PE), heart attack, stroke and death were prevalent among women who used Yasmin/Yaz. These problems were linked to drospirenone, which acts as a diuretic related to spironolactone. This causes high potassium levels, called hyperkalemia, which results in serious heart problems and other serious health issues.

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Litigation Over Johnson & Johnson Antibiotic Levaquin Designated N.J. Mass Tort

July 8, 2009

The New Jersey Supreme Court has designated mounting litigation over the Johnson & Johnson antibiotic Levaquin as a mass tort and has assigned it to an Atlantic County, N.J., judge. The suits charge that the drug, which is prescribed for bacterial infections of the lungs, urinary tract and skin, has caused Achilles' tendon ruptures and other damage.

The plaintiffs law firm that sought mass-tort status, Douglas & London of New York, maintains that the litigation will likely involve thousands of cases with the same defendants, similar complex issues of law and fact, and plaintiffs with a high degree of commonality in their injuries and damages.

The firm, which has filed six Levaquin suits in New Jersey, also said Atlantic County is appropriate because its docket is less crowded than those in Bergen or Middlesex counties, the other venues hearing mass-tort cases.

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Suicide Warnings for 2 Anti-Smoking Drugs

July 7, 2009

Federal drug regulators warned that patients taking two popular drugs to stop smoking should be watched closely for signs of serious mental illness, as reports mount of suicides among the drugs’ users.

But officials emphasized that fear should not stop patients from taking the smoking-cessation medicines, Chantix, made by Pfizer, and Zyban, made by GlaxoSmithKline, which also sells it under the brand name Wellbutrin, for depression.

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Zicam Lawsuit Filed

July 6, 2009

Side effects of Zicam Nasal Gel and Nasal Swabs, marketed as an over-the-counter cold remedy, have been associated with the loss of sense of smell and taste, which can be an extremely devastating injury. In June 2009, the FDA required that three Zicam Cold Remedy products be pulled from the market due to reports of more than 130 users losing their sense of smell.

STATUS OF ZICAM LAWSUITS: Hundreds of Zicam lawsuits have been filed on behalf of individuals who lost their sense of taste or smell, and lawyers are continuing to review potential claims.

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Defective Drugs: Chantix

July 5, 2009

Side effects of Chantix could increase the risk of suicide or lead to a number of serious and life-threatening injuries.

The side effects of Chantix are being reviewed for potential lawsuits for individuals who suffered severe physical injury or death which may be related to the use of Chantix. The anti-smoking drug has been linked to a number of psychological side effects and other problems which could be caused by the effect the drug has on the brain.

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Roche Pulls Accutane Off Market After Jury Verdicts

July 2, 2009

Roche Holding AG, the world’s biggest maker of cancer drugs, is pulling its Accutane acne medicine from the U.S. market after juries awarded at least $33 million in damages to users who blamed the drug for bowel disease.

Roche notified the U.S. Food and Drug Administration today that it was withdrawing Accutane after a “reevaluation” of its product lines showed it faced serious challenges from generic competitors, company officials said in a statement.

“In addition, Roche has been faced with high costs from personal-injury lawsuits that the company continues to defend vigorously,” according to the statement.

About 13 million people have taken Accutane since it went on the market in 1982. The medication was Roche’s second-biggest selling drug before the patent expired in 2002 and rivals started selling generic versions. Roche’s prescription market share of the drug is now below 5 percent, the company said.

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Texas Asbestos Lung Mesothelioma Lawsuits

July 1, 2009

In Texas, Asbestos been used in the petroleum industry in everything from pipe insulation to gaskets to the clothes workers wore. Asbestos causes cancer when breathed into the lungs, often in the form of Mesothelioma.

The fire benefits of asbestos were such that their use in Texas did not stop with the petroleum industry. The substance was used in building materials for homes, schools and buildings.

The state of Texas is in the top 10 when it comes to asbestos claims. At last count, it was placed seventh among all the states for the highest number of asbestos lawsuits filed and that number is expected to rise dramatically as the disease progresses.

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FDA: Varenicline (marketed as Chantix) and Bupropion (marketed as Zyban, Wellbutrin, and generics)

July 1, 2009

FDA has required the manufacturers of the smoking cessation aids varenicline (Chantix) and bupropion (Zyban and generics) to add new Boxed Warnings and develop patient Medication Guides highlighting the risk of serious neuropsychiatric symptoms in patients using these products. These symptoms include changes in behavior, hostility, agitation, depressed mood, suicidal thoughts and behavior, and attempted suicide. The same changes to the prescribing information and Medication Guide for patients will also be required for bupropion products (Wellbutrin and generics)that are indicated for the treatment of depression and seasonal affective disorder.

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Yaz Class Action Law Suits in Progress

June 30, 2009

The Yaz® birth control pill has been on the market since 2006. Yaz is taken orally once daily to prevent pregnancy.

Yaz differs from other birth control methods because it contains a progestin hormone called drospirenone, which can increase potassium levels in the bloodstream.

Yaz has been linked with serious adverse heart problems. In a letter sent to the manufacturer of Yaz, the Food and Drug Administration warns of blood clots, heart attack, stroke, and gall bladder disease in Yaz users.

The FDA says, "Yaz has additional risks because it contains the progestin, drospirenone which can lead to hyperkalemia in high risk patients, which may result in potentially serious heart and health problems. Women taking Yaz must be concerned about the drug interactions that could increase potassium, in addition to the drug interactions common to all combination oral contraceptives."

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MRI Gadolinium Induced Kidney Failure

June 30, 2009

Ever since the issue of MRI health risks began circulating, Gadolinium kidney failure has been debated—especially with its link to nephrogenic systemic fibrosis (NSF) and increased risk for MRI and kidney failure when used in association with MRI for persons with compromised kidneys.

However, a new study casts a certain amount of doubt. The study: High-Dose Gadodiamide for Catheter Angiography and CT in Patients With Varying Degrees of Renal Insufficiency: Prevalence of Subsequent Nephrogenic Systemic Fibrosis and Decline in Renal Function, was recently undertaken at the Mayo Clinic in Jacksonville, Florida.

The results of the study were published in the American Journal of Roentgenology.

"The purpose of our study was to evaluate the prevalence of nephrogenic systemic fibrosis and nephrotoxicity among patients with differing degrees of renal dysfunction who are exposed to high doses of gadodiamide," said Mellena D. Bridges, MD, lead author of the study.

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Home Depot Product Liability Suits Advances

June 29, 2009

A federal judge in Atlanta is permitting dozens of product liability suits against Home Depot and the makers of a tile grout cleaner to proceed to trial on negligence claims, but he has stripped away other claims that sought damages for violating federal consumer product safety laws.

Ten of those suits, filed by an Atlanta attorney on behalf of Home Depot customers who were hospitalized after using Tile Perfect Stand 'N Seal Spray-On Grout Cleaner, are among approximately 50 suits that have settled, according to a Home Depot attorney. The settlements are confidential, said Frank A. Ilardi of Houck, Ilardi & Regas, who shared lead counsel duties with Texas attorney William J. Maiberger Jr. until Ilardi negotiated the settlements.

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Zicam and Shareholder Litigation Begins

June 27, 2009

There is a big mess at Matrixx Initiatives, a Scottsdale, Ariz., maker of over-the-counter health care products. Best-known for its homeopathic Zicam Cold Remedy offerings, Matrixx hit a rough patch on June 16, when the Food and Drug Administration advised consumers to stop using two of its popular remedies.

The F.D.A. said that it had received more than 130 reports of anosmia — or loss of smell — from users of the products and that more than 800 such reports had been delivered to Matrixx. The agency told Matrixx that Zicam Cold Remedy Nasal Gel and the same treatment in swab form could no longer be marketed without government approval.

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Roche Pulls Accutane Off Market After Jury Verdicts

June 26, 2009

Roche Holding AG, the world’s biggest maker of cancer drugs, is pulling its Accutane acne medicine from the U.S. market after juries awarded at least $33 million in damages to users who blamed the drug for bowel disease.

Roche notified the U.S. Food and Drug Administration today that it was withdrawing Accutane after a “reevaluation” of its product lines showed it faced serious challenges from generic competitors, company officials said in a statement.

“In addition, Roche has been faced with high costs from personal-injury lawsuits that the company continues to defend vigorously,” according to the statement.

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Caraco Digoxin Manufacturer Raided by Federal Agents

June 26, 2009

At the request of the FDA, U.S. Marshals raided generic drug manufacturer Caraco Pharmaceutical Laboratories, Ltd., shutting down manufacturing and seizing inventory. The action came after FDA inspections found that the drug maker was continuing to fail to meet federal safety and health requirements.

In March 2009, Caraco recalled digoxin, a heart medication, after it was discovered that some tablets distributed were thicker or thinner than they were supposed to be. This created a serious risk for consumers, as receiving too much of the drug could cause a potentially life-threatening condition known as digoxin toxicity, and receiving too little of the medication could result in injury from the underlying heart condition.

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Family of Tree Trimmer Killed by Wood Chipper Sues Manufacturer

June 25, 2009

It was just another work day for Rafael Jimenez, a veteran tree trimmer in his 24th year on the job.

But as he stuffed branches from a Chinese elm tree into a wood chipper, his right hand became entangled in the branches and Jimenez found himself being jerked toward the steel knives.

The machine, which devours a 20-inch branch in a second, consumed nearly his entire body.

His wife and four children filed a lawsuit in Los Angeles County Superior Court alleging that the manufacturer of the machine, Michigan-based Morbark, knew for years that its safety features were insufficient and had done nothing to prevent injuries and deaths like Jimenez's.

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Zicam Lawsuit Filed

June 24, 2009

In what could be the opening salvo in a new wave of lawsuits against the Scottsdale-based maker of Zicam, lawyers filed a lawsuit on behalf of 117 people who claim they have suffered loss of smell after using the popular nasal spray.

Among those suing Scottsdale-based Matrixx Initiatives Inc. include one dozen Phoenix-area residents as well as the chef of an upscale Las Vegas-area restaurant who no longer can smell or taste food.

Matrixx officials said they had not seen the lawsuit filed in Maricopa County Superior Court, but a spokesman said the company believes that its nasal products are safe and do not cause loss of smell.

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Hydroxycut Weight-loss Products Sued

June 21, 2009

A class action lawsuit filed in Los Angeles accuses recalled Hydroxycut weight-loss products of causing deadly liver damage and other severe complications.

The suit, filed in U.S. District Court on behalf of anyone who consumed the now-banned supplements, claims the company failed to warn users of the risks of injury.

The Hydroxycut products were recalled May 1 after being linked to dozens of cases of liver damage, jaundice, and other related injuries. In one case, a 19-year-old Hydroxycut user died in 2007 after developing liver failure, but the death was not reported to the Food and Drug Administration until last March, according to the complaint.

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Accutane Lawsuits and Litigation

June 15, 2009

The acne remedy Accutane, a synthetic form of vitamin A used to treat serious forms of acne that can cause scarring, has been the subject of extensive litigation because of a long list of side effects including inflammatory bowel disease, suicide, and birth defects.

The U.S. manufacturer of Accutane, Hoffman La Roche, is part of the international conglomerate known as “The La Roche Group,” with affiliates in 150 countries. “The La Roche Group” is estimated to be the seventh largest pharmaceutical company in the world. Accutane is one of Hoffman La Roche’s top sellers with estimated annual sales of $1.2 billion. Accutane is also one of the 3 drugs on the market with the most reports of adverse side effects, and this has led to extensive litigation. Lawsuits have been brought against Hoffman La Roche for alleged adverse reactions caused by Accutane including gastrointestinal disorders, suicides, and birth defects.

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F.D.A. Warns Against Use of Popular Cold Remedy

June 13, 2009

Federal drug regulators warned consumers to stop using Zicam, a popular homeopathic cold remedy, because it could damage or destroy their sense of smell.

The Food and Drug Administration received 130 reports from consumers and doctors of people losing their sense of smell after using one of the Zicam nasal products, which include Zicam Cold Remedy and Zicam Cold Remedy Swabs. The reports date to 1999, when Matrixx Initiatives of Scottsdale, Ariz., first introduced the products.

In 2006, Matrixx paid $12 million to settle 340 lawsuits from Zicam users who claimed that the product destroyed their sense of smell, a condition known as anosmia. Hundreds more such suits have since been filed.

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Wife of Congressman Loses Accutane Acne-Drug Suicide Case

June 11, 2009

The Eleventh Circuit ruled on Wednesday on an interesting and provocative case. In an unpublished opinion, the Eleventh Circuit affirmed a trial court’s grant of summary judgment in a case in which the mother of a 17 year-old who committed suicide in 2000 sued Hoffman-La Roche, Inc. The plaintiff alleged that Accutane, an acne drug made by Hoffman-LaRoche caused the suicide. Click here for reports from BNET Pharma and the Drug and Device Blog, respectively.

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Victoza for Diabetes: Better Than Byetta?

June 8, 2009

A new diabetes drug -- to be called Victoza if approved -- works better than Byetta, a head-to-head clinical trial shows.

Byetta is the first of the class of type 2 diabetes drugs called GLP-1 analogs. The drug takes advantage of the body's own signaling system to increase insulin output in response to meals.

Byetta is a popular drug, and it's helped many patients. But liraglutide -- soon to be called Victoza if approved by the FDA -- works better, says Lawrence Blonde, MD, director of the diabetes clinical research unit at Ochsner Clinic Foundation, New Orleans.

"Our direct comparison study shows patients who took liraglutide once a day had a greater reduction in [average blood sugar levels] at the end of the 26-week study than did [Byetta] twice a day," according to Blonde . "Obviously, once-a-day injections would be preferred by many patients because of the convenience -- and it is not tied to meals. Liraglutide can be taken any time as long as you take it the same time each day."

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Defective Product: Kugel® Mesh Hernia Patch Recall

June 3, 2009

The Bard® Composix® Kugel® Mesh Hernia Patch has been linked to serious, life-threatening side effects and has been voluntarily recalled by its manufacturer and in association with the U.S. Food & Drug Administration (FDA).

On January 8, 2008, a Federal Court judge expanded the scope of current hernia patch lawsuits to include all Davol/Bard Marlex/Teflon patches, with or without “memory recoil rings.”

In August 2001, Davol began receiving reports of complications and failures of its hernia mesh patch. These reports advise of bowel obstructions, adhesions, constipation, and fistula resulting from implantation of Composix® Kugel® Mesh Patches. The reports also contain descriptions of problems other then memory recoil ring breakage including, “buckled mesh,” “patch shriveling” and “edges curled up,” as well as descriptions of the mesh as being “crumpled,” “wrinkled,” “rolled up,” “delaminated” and “folded.”

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Texas Mesothelioma Lawyers, How to File an Asbestos Lawsuit in Texas

June 2, 2009

Asbestos is a naturally occurring fiber that, when released into the air, can be inhaled or swallowed. Asbestos fibers are so small that they are not visible to the naked eye. Once they are inhaled, asbestos fibers stay in the body and, over the course of decades, lead to the development of asbestos-related diseases like mesothelioma.

Mesothelioma is rare form of cancer caused by asbestos exposure. An estimated 3,000 Americans are diagnosed with mesothelioma each year, and because the disease takes decades to develop, the rate of new diagnoses is still climbing. The peak incidence of mesothelioma is predicted to occur around 2020.

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Bausch & Lomb Settles 600 Fungus Law Suits

May 29, 2009

Some eye doctors are still hoping that some of the lawsuits over a lens cleaner made by Bausch & Lomb will end up in court, so that the events that led to hundreds of fungal infection lawsuits will be aired publicly.

That has not happened. Over the past year, the company has quietly settled nearly 600 lawsuits, with dozens of individual claims still to be resolved. The cost so far is about $250 million.

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March 2009 Drug Safety Update Newsletter Raises Emerging Safety Issue Of Kidney-Related Side Effects From Byetta Use

May 29, 2009

We reported on Byetta (exenatide) in August 2008, when the FDA issued a MedWatch email alert about six new cases of hemorrhagic pancreatitis and necrotizing pancreatitis that had been reported to FDA since an October 2007 "Dear Doctor" letter about Byetta and acute pancreatitis was sent to doctors in the U.S.

The March 2009 Drug Safety Update newsletter -- from drug regulators in the United Kingdom (UK) -- included this article, "Exenatide (Byetta): risk of severe pancreatitis and renal failure". We get some new information about two types of serious side effects associated with Byetta, pancreatitis and renal, or kidney, impairment.

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Quadriplegic Musician Wins $18 M Verdict Against Ford Motor Co.

May 28, 2009

An Oakland musician who was made a quadriplegic in a rollover crash four years ago won an $18.3 million verdict against Ford Motor Co. in federal court.

Dax Pierson, 38, suffered severe spinal injuries when a Ford passenger van that the band was traveling in ran off an icy highway in Iowa and rolled over in a ditch on Feb. 24, 2005.

Pierson sued Ford for creating a defective seat-latching mechanism that caused his seat to come loose, resulting in his head hitting the roof of the rolled-over van.

The $18.3 million jury award came after three weeks of trial in the court of U.S. District Judge Phyllis Hamilton. It includes $12.3 million for past and future medical expenses and lost earnings plus $6 million for pain and suffering.

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Dangerous Drugs: Hydroxycut Class Actions Filed

May 24, 2009

Two class action lawsuits have been filed in the wake of the recall of Hydroxycut, a popular weight-loss supplement that has been linked to liver damage and other life-threatening side effects.

The suits, filed in Canada and Tennessee, accuse Iovate Health Sciences, which manufactures Hydroxycut, of failing to warn of the drug's dangers or take proper precautions to protect its users.

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Land Rover Maker Ordered to Pay $21.1 M in Rollover Case

May 23, 2009

A Los Angeles judge has ordered automaker Jaguar Land Rover to pay $21.1 million to a Simi Valley man who was paralyzed in 2003 when his Land Rover Discovery sport utility vehicle rolled over several times after a collision on the 118 Freeway.

L.A. County Superior Court Judge Robert H. O'Brien cited two key reasons for his decision: The vehicle's high center of gravity made it susceptible to rolling over, and its roof collapsed too easily, causing Sukhsagar Pannu to suffer a debilitating spinal cord injury.

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Avandia Class Action Lawsuits Continuing

May 15, 2009

GlaxoSmithKline, maker of Avandia, faces more lawsuits alleging that patients suffered from serious Avandia side effects. Among the more severe side effects is the reported link between Avandia and heart attacks. Some critics say the risk of a heart problem is too high, while patients file lawsuits alleging they were harmed by the use of Avandia.

One such lawsuit was filed in Texas, alleging the plaintiff, Frank Casteel, took Avandia for 5 years and then underwent heart bypass surgery. According to the Southeast Texas Record, the suit was filed against Smithkline Beecham Corp., doing business as GlaxoSmithKline. The plaintiff claims that GlaxoSmithKline knew its drug was unreasonably dangerous, knew that patients were not informed about the risks associated with Avandia and still marketed and distributed the drug. Furthermore, the suit alleges that the pharmaceutical maker disclosed positive information about Avandia, but concealed or withheld any negative information about the drug's safety.

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Texan Awarded $2.19M In Nissan Lawsuit

May 11, 2009

A 63-year-old Tyler woman who sued Nissan after she was seriously injured in a 2006 car accident has been awarded $2.19 million by a federal jury.

Rebecca Perdue filed a lawsuit against Nissan Motor Co., LTD, claiming her 1995 Nissan Pathfinder failed to protect her during a Nov. 28, 2006 collision in Tyler. A seven-person Marshall jury in U.S. District Court returned its verdict, finding Nissan was responsible for her injuries.

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Hydroxycut Diet Aids Recalled After FDA Warning

May 9, 2009

Federal drug regulators warned consumers to stop using the popular Hydroxycut line of weight-loss products, citing reports of a death due to liver failure and other instances of serious health problems.

In all, the Food and Drug Administration said it had received 23 reports of significant adverse health effects in people who used Hydroxycut, including one person who required a liver transplant. Other complications included heart problems and a kind of muscle damage that could lead to kidney failure, the agency said.

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Wyeth Supreme Court Loss Restarts Drug Lawsuits

May 5, 2009

Just two months after the U.S. Supreme Court decided patients can sue drugmakers over injuries from medicines approved by the government, long-stalled lawsuits against GlaxoSmithKline Plc and Bristol-Myers Squibb Co. are again moving toward trials.

The March 4 decision in a case on Wyeth’s nausea treatment Phenergan broke a logjam of cases in state and federal courts. Federal regulatory approval of a medicine and information about side effects does not shield drugmakers from claims that patients and doctors were not adequately warned, the high court ruled. The decision already affected more than 250 lawsuits involving at least 10 companies that were in limbo before the ruling.

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May 4, 2009

The U.S. Supreme Court cleared the way for a suit by a New Jersey woman who claims to have suffered mercury poisoning from Chicken of the Sea canned tuna.

The denial of certiorari sets the stage for a federal court trial in Newark, N.J., in a putative class action suit, filed under New Jersey's Product Liability Act, that faults a cannery company with not putting mercury warnings on the label.

The justices without opinion let stand a 3rd U.S. Circuit Court of Appeals ruling last September that the claim is not pre-empted by the Food and Drug Administration's "pervasive regulatory scheme." The appeals court said this is a case where state tort law complements federal regulations, which often lack a compensatory apparatus or a process for gathering information about potential claims.

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Accutane Injury Results in $10.5 Million Judgment

April 30, 2009

A woman who said she developed ulcerative colitis from taking Accutane was awarded $10.5 million by a New Jersey jury. It was the third of 425 lawsuits alleging that Accutane caused inflammatory bowel disease in some users to go to trial. All three cases have resulted in multi-million dollar judgments against Hoffman-LaRoche, Inc., the maker of Accutane.

Approved by the Food & Drug Administration (FDA) in 1982, Accutane has been the subject of controversy for years. In addition to inflammatory bowel disease, the drug has been associated with myriad other serious side effects.

It was known in the late eighties for causing severe birth defects. It has also been known to cause psychiatric problems, and has been linked to 266 cases of suicide in the United States.

In addition to inflammatory bowel disease, Accutane has also been associated with problems of the liver, kidneys, central nervous system, and pancreas, as well as the cardiovascular, musculoskeletal and auto-immune systems.

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Bayer Settles Gadolinium Contrast Agent Injury Lawsuits

April 28, 2009

Bayer AG has begun the process of settling medical injury lawsuits regarding its Magnevist contrast agent; Magnevist contains gadolinium.

The company is one among several, including General Electric Company and Tyco International Limited, being sued over complaints that the gadolinium-containing contrast agent was responsible for causing a potentially fatal organ hardening disease, called Nephrogenic Systemic Fibrosis (NSF). Since May 2007, the U.S. Food and Drug Administration (FDA) has required that gadolinium-containing contrast agents carry a black box warning.

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Wyeth Must Face Woman’s Prempro Lawsuit, Appeals Court Rules

April 28, 2009

Wyeth, the drugmaker being acquired by Pfizer Inc., must face a lawsuit by a woman who claims her breast cancer was caused by the menopause medicine Prempro, a Texas appeals court ruled.

The state appeals court in Houston said that Susan Brockert’s “failure-to-warn” claims aren’t preempted by federal drug-labeling regulations, overturning a district judge’s finding from February 2007. The case was sent back to the lower court for further proceedings.

The appeals panel cited last month’s U.S. Supreme Court decision upholding a $7 million award to a musician who lost her arm after being injected with Wyeth’s Phenergan nausea treatment. The high court said patients can sue drugmakers for failing to provide adequate safety warnings, even when a treatment and its packaging are approved by the U.S. Food and Drug Administration.

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Reglan Lawsuits

April 14, 2009

Reglan side effects have been associated with the development of tardive dyskinesia, a syndrome that causes involuntary movements in the body extremities, particularly the lower face. In February 2009, the FDA required that a “black box” warning about the tardive dyskinesia problems be added to Reglan and other gastrointestinal drugs containing metoclopramide.

REGLAN LAWSUIT STATUS: Lawyers are reviewing potential claims for individuals who may be entitled to compensation through a Reglan lawsuit as a result of developing tardive dyskinesia.

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3rd Circuit: Kids Hurt by Vaccines Cannot Pursue Design Defect Claims

April 3, 2009

The 3rd Circuit has ruled that children allegedly injured by vaccines are barred from pursuing any design defect claims because Congress expressly prohibited such suits in an effort to guarantee immunity to manufacturers.

By rejecting the analysis of a recent ruling from the Georgia Supreme Court, the 3rd Circuit's ruling in Bruesewitz v. Wyeth Inc. creates a direct split between the federal courts and a state's highest court on the question of how broadly courts should read the pre-emption clause in the National Childhood Vaccine Injury Act.

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Pfizer Settles Rezulin Product Liabilty Cases

April 1, 2009

Pfizer Inc. resolved all but three of 35,000 claims over its withdrawn diabetes drug Rezulin for a total of about $750 million.

Pfizer, which is acquiring rival Wyeth for almost $64 billion, paid about $500 million to settle Rezulin cases consolidated in federal court in New York, according to court filings. The company also paid as much as $250 million to resolve state-court suits.

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Diacetyl Popcorn Workers Lung Victim, Wife Awarded $7.5 Million

March 21, 2009

A jury has ruled in favor of a plaintiff in a Popcorn Workers Lung lawsuit. According to The Associated Press, the federal jury in Iowa yesterday ordered a flavorings manufacturer to pay the victim - who died just a day before of complications from Popcorn Workers Lung - and his wife $7.5 million for causing his injuries.

Popcorn Workers Lung is a potentially life threatening ailment, for which the only cure is a lung transplant. The disease - also known as bronchiolitis obliterans - has been linked to diacetyl, a chemical used to give microwave popcorn and other snack foods a buttery flavor.

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Medtronic Links Device for Heart to 13 Deaths

March 16, 2009

Medtronic said that at least 13 people might have died in connection with a heart device that it recalled in 2007 but was still in widespread use, including four patients whose deaths were related to efforts by doctors to surgically remove the product.

The new data reflect the first fatality update by Medtronic since October 2007, when it recalled the device — a thin electrical cable that connects an implanted defibrillator to a patient’s heart. The company cited five deaths when it recalled the product, saying fractures in the cable could cause a defibrillator to fail to deliver a lifesaving shock to an erratically beating heart, or to fire for no reason.

Separately, a previously undisclosed Food and Drug Administration report indicates that Medtronic began receiving reports soon after the device reached the market in late 2004 that the cable, known as the Sprint Fidelis, was fracturing. The company also revised its manufacturing process in the months before withdrawing the Sprint Fidelis from the market, according to the F.D.A. report.

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FDA issues peanut safety guidelines for foodmakers

March 12, 2009

The U.S. Food and Drug Administration issued safety guidelines for companies that use peanut products today and said it may seize products that test positive for salmonella bacteria.

While heat-sensitive, salmonella bacteria become heat-resistant in high-fat environments such as peanut butter, according to the FDA guidance.

The U.S. Centers for Disease Control and Prevention government said 683 people in 46 states have been sickened in the outbreak linked to foods that used peanut ingredients made by the now-bankrupt Peanut Corp of America.

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New Questions About Seroquel And Diabetes

March 11, 2009

Shortly after new antipsychotic drugs came on the market in the late 1990s, the Food and Drug Administration started to worry that they might trigger diabetes in some patients.

So in 2000, the FDA asked AstraZeneca P.L.C. and other pharmaceutical companies to share data on cases of new-onset diabetes and related illnesses in patients taking the drugs. AstraZeneca, told the FDA that patients and doctors had reported 12 new cases of diabetes and five cases of related illnesses among the 623,000 who had taken its antipsychotic drug Seroquel.

But internally, the company had reported the number as 27 cases of diabetes and two of hyperglycemia, according to court documents recently released.

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Peanut Processor Has No Money For Injuries

March 9, 2009

Sickened consumers who sued the peanut processor blamed for a national salmonella outbreak could have trouble recovering damages from company accounts because assets listed in a bankruptcy filing will likely go to other businesses that bought its products.

Lynchburg-based Peanut Corp. of America filed documents listing nearly $11.4 M in assets and debts of $4.8 M in U.S. Bankruptcy court. However, more than $7 M listed as assets was in insurance that covers the company's products and will not be used for claims by consumers. Among the uses for that money would be compensating businesses that had bought Peanut Corp. products that were recalled, trustee Roy V. Creasy said.

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Dog Lease Injures a Denton Texas Girl

March 8, 2009

Dereka Williams, 13, living in Denton Texas was partially blinded last year when a retractable dog leash broke and struck her in the eye. "I was in the driveway and my dog was kind of running and I was trying to pull her and the leash broke," said Dereka.

SlyDog, the inexpensive retractable leash Dereka's father bought to keep track of Diamond, the family's 25-pound blue pit bull terrier puppy, had recoiled without warning. It struck Dereka in her left eye and tore the retina.

"She kept saying, 'Mommy I can't see, I can't see,' " said her mother, Joy Williams. "I thought she was exaggerating. Her eye was bloodshot. You could see the metal piece sticking out of her eyeball."

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US Supreme Court Rejects Limits on Drug Lawsuits

March 6, 2009

The Supreme Court forcefully rejected calls for limiting consumer lawsuits against drug makers, upholding a $6.7 million jury award to a musician who lost her arm to gangrene following an injection.

The decision is the second this term to reject business groups' arguments that federal regulation effectively pre-empts consumer complaints under state law.

Diana Levine of Vermont once played the guitar and piano professionally. Her right arm was amputated after she was injected with Phenergan, an anti-nausea medicine made by Wyeth Pharmaceuticals, using a method that brings rapid relief, but with grievous risks if improperly administered.

In a 6-3 decision, the court turned away Wyeth's claim that federal approval of Phenergan and its warning label should have shielded the company from lawsuits like Levine's.

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Florida Smokers' $580 M Trust Fund and Justice Department Settles for $18 M

March 4, 2009

The trustee of a trust fund for sick Florida smokers is prepared to settle some claims by the federal government for $18 million, freeing up the rest of the $580 million fund for smokers and their attorneys.

"We have reached an agreement in principle with the Department of Justice in full settlement of all claims for reimbursement of Medicare and Veterans Administration benefits received by beneficiaries" of the fund, according to fund trustee Miles McGrane.

When it comes to how the settlement money would be paid, McGrane offered two scenarios -- a quick and easy method dividing the total by about 45,000 authorized claimants for a charge of $400 each or a belabored process of running their Social Security numbers through Medicare and VA databases to check for individual benefit payments.

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Seroquel Increased Risks of Diabetes

March 2, 2009

According to plaintiffs' attorneys AstraZeneca PLC failed to warn physicians and patients about risks associated with its widely used schizophrenia drug Seroquel.

According to documents that were just unsealed in a U.S. federal court case showed AstraZeneca knew about the risk of weight gain and diabetes in 2000.

The company "not only failed to warn physicians and patients about the risk of diabetes but they also marketed them in a way that represented that there was no risk."

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Indiana Jury Awards $157M in Tree Stand Death

February 21, 2009

An Indiana woman has been awarded $157 million in a wrongful death lawsuit she filed against the manufacturers of a tree stand that malfunctioned, killing her husband three years ago.

The substantial default judgment, reached by jurors in about an hour, no one representing the defendants -- L & L Enterprises in Hattiesburg, Miss., Ol' Man Tree Stands in Jay, Fla., and TSR Inc. in Pace, Fla. -- showed for the trial.

Carol Simonton filed the civil tort in February 2006, about four months after her husband, Timothy Simonton, was found hanged to death in Parke County, IN.

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Philip Morris to Pay $8 Million to Smoker's Widow

February 18, 2009

Philip Morris has to pay the widow of a longtime smoker who died of lung cancer $8 million in damages in a case that could affect about 8,000 similar Florida lawsuits.

The six jurors deliberated over two days before returning the award for Elaine Hess, whose husband Stuart Hess died in 1997 at age 55 after decades as a chain smoker.

The award amounts to $3 million in compensatory damages and $5 million in punitive damages against Richmond, Va.-based Philip Morris USA.

The Hess case was the first to go to trial since the Florida Supreme Court in 2006 voided a $145 billion class-action jury award, which was by far the highest punitive damage award in U.S. history.

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PCA Peanut Company Files for Bankruptcy Protection

February 15, 2009

Peanut Corporation of America, the company responsible for the nationwide salmonella outbreak, has filed for Chapter 7 bankruptcy protection and will begin liquidating its assets as legal claims pile up against it.

Companies that Lynchburg, Va.-based PCA supplied with peanut products have also filed suit against it, and PCA's insurer, Hartford Casualty Insurance, has filed a lawsuit in an effort to limit its liability.

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All Peanut Products From Texas Plant Are Recalled

February 12, 2009

Texas health officials ordered a recall of every product ever shipped from a Plainview peanut processing plant since March 2005 after inspectors discovered contamination.

Inspectors found dead rodents, rodent excrement and bird feathers in a crawl space above a food production area at the Peanut Corp. of America’s Plainview plant, according to authorities from the Texas Department of State Health Services.

The plant’s air handling system was not completely sealed and was pulling debris from the infested crawl space onto exposed food products in production areas.

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Court Awards $1.4M in Taser Lawsuit

February 11, 2009

A federal court has ordered Taser International to pay $1.4 million to lawyers for the family of a California man who died after police officers repeatedly shocked him with stun guns.

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F.D.A. to Restrict Prescriptions of Narcotics

February 10, 2009

According to federal drug officials, many doctors may lose their ability to prescribe 24 popular narcotics as part of a new effort to reduce the deaths and injuries that result from these medications inappropriate use.

A new control program will result in restrictions on the prescribing, dispensing and distribution of extended-release opioids like OxyContin, fentanyl patches, methadone tablets and some morphine tablets.

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Yaz Birth Control Pill and Advertising

February 10, 2009

Bayer HealthCare Pharmaceuticals has just introduced a new $20 million advertising campaign for Yaz, the most popular birth control pill in the United States.

But the television ads, are not typical spots promoting the benefits of a prescription drug. Instead, they warn that nobody should take Yaz hoping that it will also cure pimples or premenstrual syndrome.

As part of an unusual crackdown on deceptive consumer drug advertising, the Food and Drug Administration and the attorneys general of 27 states have required Bayer to run these new ads to correct previous Yaz marketing.

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Texas Peanut Plant Under Investigation

February 3, 2009

A peanut processing plant in Texas run by the Peanut Corp. of America, which is being investigated for a national salmonella outbreak, operated for years uninspected and unlicensed by Texas health officials.

The Peanut Corp. of America plant in Plainview was never inspected until after the company fell under investigation by the Food and Drug Administration.

Once inspectors learned about the Texas plant, they found no sign of salmonella there. This finding raises questions; how it could have operated unlicensed for nearly four years and about the adequacy of government efforts to keep the nation's food supply safe. Texas is among states where the FDA relies on state inspectors to oversee food safety.

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Criminal Investigation Starts for Peanut Plant

February 1, 2009

Federal health officials opened a criminal investigation into the Georgia peanut-processing plant at the center of the national salmonella outbreak.

The investigation into Peanut Corp. of America follows reports of poor sanitation practices and inspections that found the company sold contaminated peanut products to food makers.

At least 529 people have been sickened as a result of the outbreak, and at least eight might have died because of it. More than 430 products have been recalled.

Florida Tobacco Lawsuit To Restart

January 31, 2009

A lawsuit by the widow whose husband died of lung cancer is headed to trial again. Nearly two months after ending in a mistrial, the first of about 8,000 cases against tobacco companies in Florida is scheduled to head to trial again in Florida.

Elaine Hess is suing cigarette maker Philip Morris, alleging her husband's death was caused by his addiction to cigarettes containing nicotine. Stuart Hess, a locksmith, died of lung cancer at age 55 in 1997.

The case originally went to trial in December, but ended on the second day of testimony after an expert witness for Hess used a racial slur.

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Peanut Butter Update

January 27, 2009

The plant in Georgia that produced peanut butter tainted by salmonella has a history of sanitation lapses and was cited repeatedly in 2006 and 2007 for having dirty surfaces and grease residue and dirt buildup throughout the plant, according to health inspection reports. Inspection reports from 2008 found the plant repeatedly in violation of cleanliness standards.

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FDA: Products Recalled in Peanut Salmonella Outbreak

January 21, 2009

More than 125 products have been recalled in a salmonella-and-peanuts investigation that keeps getting bigger, according to federal health officials.
The list ranges from goodies like cookies and ice cream to energy bars. Even food for dogs may not be entirely safe, with a national company recalling some of its dog treats.

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FDA Confirms Salmonella in Peanut Butter Crackers

January 19, 2009

The Food and Drug Administration said that salmonella was found in a package of peanut butter sandwich crackers made by Kellogg.
Kellogg said that a previously recalled peanut butter-sandwich cracker tested positive for salmonella.

The outbreak has led to 474 reported illnesses and may have caused six deaths, according to the Centers for Disease Control and Prevention.

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CDC and Peanut Butter Salmonella Link

January 15, 2009

The Centers for Disease Control and Prevention confirmed a link between peanut butter and a salmonella outbreak that has sickened more than 400 people in 43 states.

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Southlake TX Man Awarded $247,000 For Laptop Battery Fire

January 13, 2009

On Dec. 4, 2008, a jury ordered a computer parts distributor to pay $247,000 in damages after one of its laptop batteries short-circuited, resulting in a house fire.

In 2006, Rodger Hill was using his Hewlett-Packard laptop computer, which contained a battery distributed by Kahlon Inc., at his home in Southlake when the battery short-circuited.

The computer caught fire and quickly spread to the rest of the house. Hill blamed Kahlon, alleging the battery was defective.

The fire caused thousands of dollars in damage and rendered Hill's home uninhabitable for a year. He sought $251,000 for property damage, repair costs and loss of use. Kahlon argued the fire was caused by a defect in the laptop, not the battery.

A suit against Hewlett-Packard settled before trial.

Hill v. Kahlon Inc., No. 217446-06

Court: 348th District Court, Tarrant County

Baxter Contaminated Heparin Class Action Lawsuit Filed

January 7, 2009

A class action suit against the maker of a blood thinning Heparin drug claims the company is substituting safer ingredients - cooked, dried pig intestines - with more dangerous ones.

Joyce Ann Osteen of Illinois is suing Baxter over its anticoagulant drug Heparin in St. Clair County Circuit Court.

She claims the company began substituting a more dangerous ingredient to "reap greater profits as a result of utilizing cheap component parts."

Baxter began making the drug from enzymes found in pork intestines, according to the complaint filed Jan. 5.

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Family Sues Disney Over Defective Product Death

December 15, 2008

The family of a child who died in a Winnie the Pooh bassinet has sued the Walt Disney Co., alleging the company allowed sales of the bassinets despite a flawed design that had been linked to another baby's death.

The bassinet had a drop-down side for easy access, but the design created a gap where babies could slide through and hang to death. The child was 6 months old when she was strangled.

Shortly after the child's death, the U.S. Consumer Product Safety Commission directed retailers to stop selling the bassinets, which were manufactured by Simplicity Inc. Disney's consumer products division licensed its Winnie the Pooh name and image to Simplicity.

The suit, filed in California state court in Los Angeles, raises questions about a common practice in the nursery products industry: Are companies that license their names and characters to other manufacturers responsible when those products turn out to be deadly?
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Texas Court Orders New Vioxx Trial

December 13, 2008

Merck is considering an appeal after a Texas state appeals court reversed its own prior dismissal of a $7.75 M judgment in a Vioxx personal injury lawsuit against the drugmaker.

A three-judge panel of the Texas 4th Court of Appeals ruled there should be a new trial in the case. The plaintiff, a longtime smoker with a history of heart disease, died of a heart attack in 2001 after taking Vioxx briefly.

The three judges sent the case back to the original trial court, where a jury in 2006 had awarded $32 million to the man's widow. That amount was cut to about $7.75 million under a Texas law limiting damages.

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Medtronic Lawsuit Over Spinal Implant

December 7, 2008

Medical device maker Medtronic Inc. said it did not encourage the unapproved use of its spinal implant, which a new lawsuit is blaming for the death of a California woman.

The lawsuit, filed by the woman's family in Los Angeles, said her death was caused by use of the Infuse spinal graft in her neck. The device is approved only for use in lower-back surgery and some oral and dental procedures.

The woman's surgery took place in August, a month after the Food and Drug Administration warned that use of Infuse for neck surgeries had led to problems swallowing, breathing and speaking.

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PAGCL and Shoulder Pain Pump Lawsuits

November 22, 2008

The use of intra-articular pumps, to deliver medication to the shoulder following arthroscopic shoulder surgery has been linked to the development of a painful and debilitating condition which causes the loss of cartilage in the shoulder.

The medical condition, is known as Postarthroscopic Glenohumeral Chondrolysis, PAGCL, and has no consistently successful treatment and often results in permanent shoulder pain.

STATUS OF SHOULDER PAIN PUMP LITIGATION: Lawsuits are currently pending and potential cases are still being reviewed by Dr Shezad Malik Law Firm.

Motions have been filed to consolidate all Federal shoulder pain pump lawsuits and transfer the cases to one court for pre-trial proceedings.

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Roche Loses $12.9 M Three-Case Accutane Verdict

November 20, 2008

Roche Holding AG must pay $12.9 million to plaintiffs who blamed the Accutane acne medicine for their inflammatory bowel disease, a New Jersey jury ruled, handing the company its fourth trial loss in the case.

Roche didn't give proper warnings to doctors for three Florida residents about the risks of Accutane, which was a substantial factor in their illness, a state court jury found yesterday in Atlantic City. The judge combined three lawsuits into one trial. With three earlier losses for individuals, Roche has now lost jury verdicts involving six plaintiffs.

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Paxil Test Case Fails Statute of Limitations

November 17, 2008

One of Philadelphia's bellwether cases in litigation over whether the maker of the drug Paxil failed to warn about an increased risk of suicide from its drug has been dismissed following a Common Pleas Court judge's decision to grant summary judgment on statute of limitations grounds.

Collins v. SmithKline Beecham Corp. d/b/a GlaxoSmithKline survived summary judgment in March when defendant GlaxoSmithKline argued that the doctrine of federal pre-emption precluded the plaintiffs from pursuing their state products liability claim.

While Judge Tereshko, coordinating judge of the Complex Litigation Center, denied summary judgment on the grounds of federal pre-emption in March, Tereshko granted summary judgment on the grounds regarding Pennsylvania's statute of limitations.

The judge's order dismissed all of plaintiffs claims of wrongful death, survival, negligence, negligent infliction of emotional distress, strict liability under the Maryland Products Liability Act, fraud, negligent misrepresentation, loss of consortium and punitive damages.
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J&J Units Must Pay $16.6 Million for Fentanyl Death

November 16, 2008

Two units of Johnson & Johnson must pay $16.6 million to the family of a Chicago-area woman who died after using a Duragesic pain-patch, a state jury found, dealing the company its fourth defeat in as many trials since 2006.

The woman aged 38, died in February 2004 because the patch she was wearing delivered a fatal dose of the narcotic fentanyl, the device's main ingredient.

The Duragesic-brand patch is made by Alza Corp., a Mountain View, California, company owned by New Brunswick, New Jersey- based Johnson & Johnson, the world's biggest maker of medical devices. The product was distributed by another Johnson & Johnson unit, Janssen Pharmaceutica. The jury deliberated for less than two days.
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Consumer Product Safety Commission Investigates Rhino UTV

November 14, 2008

The Yamaha Rhino, was a hit in the off-road-vehicle market, promising to go "almost anywhere" with an "amazingly high level of comfort and ease." Now, federal safety regulators are investigating the vehicle following reports of some 30 deaths involving it, including those of two young girls last month.

Yamaha faces more than 200 lawsuits in state and federal courts, many alleging the Rhino's design is unsafe. Yamaha has settled some but recently beefed up its defense and says it may start to fight rather than settle.

Yamaha stands behind the design of the Rhino, a two-seat vehicle that looks a little like a cross between a golf cart and all-terrain vehicle. The Consumer Product Safety Commission (CPSC) said its investigation of the utility terrain vehicle, or UTV, was prompted by the number of accident reports and the lawsuits.

Many injury claims, Yamaha said, result from improper operation, modifications such as removing the protective "roll cage," or failure to use a helmet and seat belt.

Read earlier post.

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Fen-Phen $3M NJ Verdict

October 31, 2008

Wyeth, which set aside more than $21 billion to resolve lawsuits over the fen-phen diet combination, must pay $3 million to a woman who contracted a lung-destroying disease from the drugs.

The New Jersey jurors deliberated about two hours before finding that Wyeth's Pondimin drug was a cause of the woman's primary pulmonary hypertension (PPH). The trial loss was Wyeth's first in four years in a case involving the often-fatal illness.

The ruling comes as the New Jersey-based Wyeth seeks to wrap up more than a decade of litigation over fen-phen, which combined the company's Pondimin and Redux with the generic phentermine. This medication combination was taken by patients as a weight reduction method to suppress their appetites.
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Elevator Failure Led to Student's Death

October 26, 2008

A college freshman was killed in a dormitory elevator accident two years ago at Ohio State University.

Ohio State has taken safety measures, such as installing video cameras in all its high-rise elevators this year, in case someone gets trapped and as a way to help identify causes of mechanical malfunctions.

One other student (Morris) was in the elevator when the freshman was crushed between the ceiling of the elevator and the third-floor lobby. The fatally injured student was trying to get off the overloaded elevator when it unexpectedly descended with its doors open.
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Pfizer to Settle Bextra and Celebrex Lawsuits

October 24, 2008

Pfizer Inc. said it agreed earlier this week to pay $894 million to settle most Celebrex and Bextra claims.

Pfizer said in a statement that it is taking an after-tax charge of $640 million against profit in the quarter to cover the settlement sum.

Pfizer said it plans to settle most lawsuits involving the painkillers Bextra and Celebrex. The large size of the settlement heightens the pressure to cut costs, because Pfizer's blockbuster cholesterol drug, Lipitor, is losing market share and sales growth of its once-promising antismoking drug, Chantix, has slowed because of safety concerns.
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New Rules Could Block Product Liability Suits

October 22, 2008

WASHINGTON -- The Bush administration is planning to rewrite a wide array of federal rules with changes or additions that could block product-safety lawsuits by consumers and states.

The administration has written language aimed at pre-empting product-liability litigation into 50 rules governing everything from motorcycle brakes to pain medicine. This year, lawsuit-protection language has been added to 10 new regulations, including one issued Oct. 8 at the Department of Transportation that limits the number of seatbelts car makers can be forced to install and prohibits suits by injured passengers who did not get to wear one.
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J&J Paid $68 Million to Settle Ortho-Evra Lawsuits

October 15, 2008

According to court recordsJohnson & Johnson has spent at least $68.7 million to settle hundreds of lawsuits filed by women who suffered blood clots, heart attacks or strokes after using the company's Ortho Evra birth-control patch.

Majority of users claimed that the patch caused deep-vein thrombosis, (blood clots in the legs), and pulmonary embolisms, (when the blood clots from the legs travel into the lungs). The complaints blamed Ortho Evra for the deaths of 20 women, strokes and heart attacks.

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Gadolinium Litigation Involves 391 Lawsuits in State and Federal Court

October 14, 2008

According to documents filed in federal court, the makers of gadolinium-based contrast agents currently face 391 lawsuits filed by individuals who allege that they developed a rare condition known as NSF, or nephrogenic systemic fibrosis, after an enhanced MRI.

Gadolinium contrast injections are commonly used during MRI and MRA tests to allow doctors to distinguish blood vessels from surrounding tissue by providing enhanced clarity to the images. However, in patients without properly functioning kidneys, side effects of the MRI contrast agents could lead to the hardening and thickening of the skin, which severely restricts movement and could be fatal.

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Botched IV Injection Leads to Amputation

October 12, 2008

A Vermont woman was awarded more than $6 million when a jury ordered Wyeth, a pharmaceutical company, to pay her for failing to warn her about the risks of one of its drugs.

But this case was appealed all the way to the US Supreme Court and the Court is set to hear arguments this November.

This case concerns “Federal Pre-emption,” a legal doctrine that can prevent plaintiffs from suing in state court when the products that injured them had met federal standards.

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Nuvaring Birth Control MDL Lawsuit

October 9, 2008

United States District Judge Rodney W. Sipple issued an order Wednesday designating lawyers in the recently formed NuvaRing birth control MDL to serve in leadership positions and to act on behalf of all plaintiffs during discovery and pretrial proceedings.

On August 22, 2008, the Judicial Panel on Multidistrict Litigation centralized all federal NuvaRing birth control lawsuits in the U.S. District Court for the Eastern District of Missouri before Judge Sipple as part of a federal procedure which allows complex product liability cases to be consolidated and coordinated for pretrial proceedings.

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FDA Bans Ranbaxy generics

September 20, 2008

The FDA earlier this week imposed a ban on 30 drugs made by the Indian pharmaceutical company Ranbaxy Laboratories. Ranbaxy is one of the largest suppliers of generic medicines to the United States.

This ban follows FDA inspections of two of the company's plants in India that were found to have unacceptable manufacturing controls, no programs to prevent cross contamination, a lack of sterile processing operations and incomplete records. This ban covers generic versions of popular cholesterol drugs, antibiotics and allergy medicines.

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Texas Toddler Dies

September 17, 2008

Several thousand MacGregor and Mitre folding soccer goals were recalled today, after the death of a toddler.

The Consumer Product Safety Commission said a 20-month-old Texas toddler was strangled when his head and arm became caught up in the net of one of the recalled goals. The agency received one other report of a child's head becoming trapped.

The gaps in the recalled nets are about 20 square inches, which is a dangerous size according to the CPSC. The agency says netting should have gaps less than 17 square inches or greater than 28 square inches, to prevent dangerous entanglement and strangulation.

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NHTSA Warns Ford Owners

September 9, 2008

NHTSA are warning owners of 5 million recalled Ford Motor Co. vehicles to go to dealerships to repair a cruise-control switch system that has been linked to engine fires.

The National Highway Traffic Safety Administration recently issued a second consumer advisory to owners of certain unrepaired Ford, Lincoln and Mercury vehicles that have not responded to previous recalls.

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FDA Reports Potential Problem Drugs

September 6, 2008

The FDA in an effort to improve communication with doctors and patients on prescription drug safety, began posting a list of medications under investigation for potential problems.

The list is a compilation naming 20 medications and the potential safety issue for each drug. The listings will be updated for each calendar quarter.

Drugs will be placed on the list based on reports the FDA receives and if FDA safety reviewers determine that a reported problem with a particular drug deserves a closer look, that medication will be on the list.

Read the report.

Woman files HRT suit in Marshall Texas

September 5, 2008

MARSHALL TEXAS- California resident Canstanza Raspa claims that her development of breast cancer, resulting surgery and mastectomy are the result of 10 years of hormone replacement therapy.

Raspa filed a product liability suit against hormone replacement manufacturers Wyeth, Pfizer, Pharmacia and Upjohn Inc. on Sept 3, in the Marshall Division of the Eastern District of Texas.

The lawsuit alleges that the defendants are liable for claims of fraudulent concealment, negligence, strict products liability, defective marketing, in adequate warnings, negligent misrepresentations, fraud, and breach of express warranty.


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Avandia Lawsuits

August 29, 2008

Diabetes patients who use the drug Avandia face an increased risk of serious and potentially fatal injuries of heart attack, stroke, congestive heart failure, bone fractures or death.

Federal lawsuits have been consolidated in an MDL (Multi-District Litigation) in the Eastern District of Pennsylvania.

Avandia is a type 2 diabetes medication which is used to control blood sugar levels. Until 2007, it was one of the best selling medications in the United States, with annual sales in excess of $2 billion.

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Lilly, Amylin Disclose More Cases of Byetta-Related Pancreatitis

August 26, 2008

Last week, the FDA said it had received reports of six new cases of pancreatitis – including two deaths – associated with the diabetes drug Byetta. Today, Amylin and Eli Lilly said that they had reported four additional deaths to the agency as well, which the FDA hasn’t yet made public.

The companies, which co-market the drug, chose to disclose the additional information in order to “provide context” about each of the cases, according to Amylin President and Chief Executive Daniel Bradbury.

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Fentanyl Patch Lawsuits

August 21, 2008

Duragesic brand and generic fentanyl pain patches have been associated with cases of overdose and death. Poor design, inadequate warnings and poor quality controls during the manufacturing process could result in excessive amounts of fentanyl entering the body.

Lawsuits have been filed throughout the United States for users who have died or become comatosed from a fentanyl overdose.

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Mesothelioma Lawsuits

August 18, 2008

Mesothelioma is a rare form of lung cancer caused by exposure to asbestos and breathing asbestos fibers. It is a very serious disease, which is often at a very advanced stage when a diagnosis is made. The disease is uniformally fatal. The first asbestos lawsuit was filed in 1929, and with thousands of people being diagnosed with this condition each year.

Mesothelioma is almost always caused by exposure to asbestos either directly or indirectly through family members who worked with the material. A mesothelioma cancer diagnosis can be made years after a family member carried home asbestos dust or fibers on their clothing, shoes, skin or in their hair.

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FDA Receives 2 Reports of Death, 4 More Hospitalizations in Patients Using Type 2 Diabetes Drug Byetta

August 18, 2008

The FDA today said it plans to strengthen warnings about life-threatening pancreas problems linked to the type 2 diabetes drug Byetta after getting two reports of deaths and four other hospitalizations in Byetta users.

Those patients had hemorrhagic pancreatitis (inflammation of the pancreas with bleeding) or necrotizing pancreatitis (in which the inflamed pancreas destroys itself).

All six patients were hospitalized, and their Byetta treatment was stopped. The four survivors were still recovering at the time that the FDA learned of their illness.

Byetta and other potentially suspect drugs should be promptly discontinued if pancreatitis is suspected and not restarted if pancreatitis is confirmed, notes the FDA. Byetta, given by injection, was approved by the FDA in 2005.

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FDA and Byetta Pancreatitis Side Effects

August 18, 2008

Byetta is an injectable therapy to improve blood sugar control in patients with Type II diabetes, which is most often prescribed for patients who have not been able to achieve adequate control on metformin and/or a sulfonylurea, two often prescribed diabetes medications that are taken orally. Byetta has been prescribed alone or in conjunction with other diabetes medicines.

Byetta has side effects that can be harmful. October 2007, the FDA first warned that Byetta may cause acute pancreatitis and reviewed 30 reports of pancreatitis. On August 18, 2008, the FDA announced that the Agency has received six new reports of patients developing severe hemorrhagic or necrotizing pancreatitis. All cases required hospitalization, with two patients dead and four still in recovery.

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Defective Yamaha Rhino Lawsuit

August 16, 2008

A California man, filed a personal injury claim against Yamaha Motor Corporation in California Superior Court. The lawsuit alleged that the Yamaha Rhino side-by-side is a dangerously unstable and defective all terrain vehicle.

In 2006, the 42 years old, was a passenger in a 2006 Yamaha Rhino when it tipped over at a low rate of speed. The man suffered severe crush injuries to his right leg from the roll bar and was left permanently damaged.

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Digitek Lawsuit

July 14, 2008

Actavis Totowa a New Jersey based company, earlier in the year started a nationwide recall of all strengths of the Digitek pills, which are distributed by Mylan Pharmaceuticals Inc. and UDL Laboratories Inc.
The maker of the heart drug Digitek faces several federal lawsuits in New Jersey, including one where a patient died, alleging the drug was dangerous and defective.

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Defective Drugs: Digitek Lawsuits

July 2, 2008

Two months after a Digitek recall was issued due to manufacturing problems that allowed double strength tablets to be commercially released, at least three lawsuits have been filed. A number of additional cases are expected to be filed in the coming weeks, as hundreds of potential cases are currently being investigated throughout the country by individuals who are trying to determine if they may be entitled to compensation through a Digitek lawsuit.

Many people have described problems that surfaced during the months around the recall, but some have reported problems consistent with a Digitek overdose as early as 2006. Since the manufacturer has released very little information about the extent of the Digitek problems, all cases are being reviewed to determine if injuries could have caused by the manufacturing problems.

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Blood Clots with Birth Control Patch

May 29, 2008

Public Citizen, a consumer advocacy group petitioned the FDA to pull the birth control patch, Ortho-Evra off the market, warning that it was far riskier than the pill.

Complaints about the Ortho-Evra weekly patch have risen since a 2005 investigation by The Associated Press found that patch users had higher rates of life-threatening blood clots than did women who took birth control pills.

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Chantix Litigation

May 16, 2008

Chantix the anti smoking drug, has been linked to an increased risk of psychiatric and mental health problems including suicides, suicide attempts, aggressive and unusual behavior. The FDA has received many reports involving serious and sometimes fatal injuries linked to Chantix to psychiatric side effects.

Lawsuits have been filed on behalf of individuals who died or suffered severe physical injury as a result of a suicide, suicide attempt or suddent unusual behavior.

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Vaccines and Autism link

May 14, 2008

The United States Court of Federal Claims started another hearing to determine if thimerosal, a vaccine additive led several children to become autistic.The hearing is the second in a series of three in which the court is evaluating whether the government should pay damages to the parents of some 4,800 autistic children. In this hearing, parents are alleging that thimerosal, a preservative that contains mercury, damaged their children’s brains. Thimerosal was removed from all routinely administered childhood vaccines by 2001.

Every major study and scientific organization to examine the issue has found no link between vaccination and autism, but the vaccine critics have persisted in pursing the claim.

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Squeaky Ceramic Hips

May 11, 2008

Some patients who undergo hip replacemnts have been complaining of sqeaky noises when they move. Their artificial hips are made of ceramic materials were are meant to be being much more durable than older models.

Some 250,000 Americans get total hip implants each year; hip replacements have a success rate of more than 90 percent.

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Digitek Lawsuits

April 28, 2008

On April 25, 2008, a nationwide Digitek Tablet Recall was issued for the heart medication. Manufacturing problems caused some tablets to contain twice as much of the active ingredient as normal. This could result in digitalis toxicity in patients with impaired kidney function, which is a serious and potentially fatal illness.

Individual lawsuits and Digitek class actions are currently pending. All of the federal Digitek litigation has been consolidated in an MDL in the Southern District of West Virginia.

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Acute Pancreatitis Warning From FDA About Byetta

November 29, 2007

FDA has reviewed 30 postmarketing reports of acute pancreatitis in patients taking Byetta, a drug used to treat adults with type 2 diabetes. An association between Byetta and acute pancreatitis is suspected in some of these cases.

Healthcare professionals should instruct patients taking Byetta to seek prompt medical care if they experience unexplained persistent severe abdominal pain which may or may not be accompanied by vomiting. If pancreatitis is suspected, Byetta should be discontinued. If pancreatitis is confirmed, Byetta should not be restarted unless an alternative etiology is identified.

FDA has asked and the maker of Byetta, Amylin Pharmaceuticals, Inc. has agreed to include information about acute pancreatitis in the PRECAUTIONS section of the product label.

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Defective Drugs: Fentanyl Lawsuits

August 11, 2007

The Duragesic and generic fentanyl pain patches have been linked to hundreds of cases of overdose and death. Poor design, manufacturing defects, inadequate warnings and poor quality controls could result in excessive amounts of fentanyl entering the body.

Lawsuits have been filed throughout the United States for users who have died or entered a permanent coma from a fentanyl overdose.

Johnson & Johnson was the main manufacturer as well as a variety of generic fentanyl patch manufacturers.

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