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02/08/2010 - National Legal News
The diabetes drug Avandia®, the subject of numerous lawsuits concerning its possible link to heart problems, may also cause vision loss from macular edema, a condition in which fluid buildup behind the retina causes it to swell. View Full Article
The diabetes drug Avandia®, the subject of numerous lawsuits concerning its possible link to heart problems, may also cause vision loss from macular edema, a condition in which fluid buildup behind the retina causes it to swell. Patients have reported new cases and worsening of existing cases.
Macular edema is the result of blood and protein leaking from blood vessels in the macula, the central portion of the retina. The fluid behind the retina has nowhere to go, so it pushes the retina forward from the back of the eye, causing distorted vision due to dislocation of the focal point.
Patients Report Symptoms after Taking Avandia®
According to the U.S. Food and Drug Administration (FDA), diabetes patients have reported to GlaxoSmithKlein (GSK), makers of Avandia® (rosiglitazone maleate), worsening of pre-existing macular edema and development of new cases. Most patients concurrently suffered from peripheral edema, swelling beyond the center of the retina, leading a reduction of peripheral vision. Some instances have been resolved by stopping the medication, which is used to control blood sugar levels.
Avandia® has been blamed for causing heart attack, heart failure, angina, and other heart-related health issues. The FDA has ordered GSK to print product label warnings that patients with a history of some heart conditions should not be started on the drug. Indications are that Avandia® may cause weakening of the muscles of the heart wall.
Other Possible Side Effects Listed On Label
Other possible side effects listed in label warnings include swelling of the legs and ankles, anemia, and hypoglycemia. Women are advised that taking Avandia® may expose them to an increased risk of pregnancy and bone fractures.
If you or someone you know has suffered irreversible vision loss due to macular or peripheral edema, heart problems, or other health issues after taking Avandia®, contact an experienced product liability/personal injury attorney. You may be eligible for financial compensation to help you deal with medical bills, loss of income, and other related expenses.
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02/07/2010 - National Legal News
Men and women who served in the U.S. military are much more likely than the general population to suffer from mesothelioma due on asbestos exposure. View Full Article
Men and women who served in the U.S. military are much more likely than the general population to suffer from mesothelioma due on asbestos exposure. For years, asbestos was an important material in military building and ships.
Mesothelioma is an incurable cancer of the linings of internal organs, nearly always caused by inhaling asbestos into the lungs, through which it spreads through the bloodstream. The disease is especially dangerous to the area around the lungs, but can also damage the heart and affect the abdominal lining.
Older Navy Ships Were Full of Asbestos
Before it was known to pose serious health risks, asbestos was used in construction for its insulating quality and because it is fireproof. This was especially the case on U.S. Navy ships, where it was used heavily from the 1930s to the early 1970s to insulate steam pipes throughout the ship and to turn bulkheads (walls) into fire barriers.
Most ships built with asbestos have been retired, but, for the veterans who served on them, the damage is done. Mesothelioma can take years to manifest itself. Medical science is working on a cure and on means of detecting it earlier. For now, doctors can only try to extend the lives of victims and make them more comfortable.
Many Military Buildings May Still Pose Threat
Navy veterans are not alone in developing mesothelioma. Buildings used by all branches of the military constructed with asbestos as an insulating and fireproofing material. Many of these are still standing, posing a continued threat to today's military personnel.
If you are a military veteran with mesothelioma, your life has been, and will continue to be, severely impacted. Medical bills can strain your finances. You may have to provide for your family's future without you. An experienced mesothelioma attorney can help you fight for the financial compensation you deserve to get treatment and take care of your family. Contact an attorney today.
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02/06/2010 - National Legal News
Glenmark Generics, Inc., USA, has received tentative approval from the U.S. Food and Drug Administration (FDA) to market pramipexole dihydrochloride, a generic drug used to control symptoms of Parkinson’s disease (PD). View Full Article
Glenmark Generics, Inc., USA, has received tentative approval from the U.S. Food and Drug Administration (FDA) to market pramipexole dihydrochloride, a generic drug used to control symptoms of Parkinson's disease (PD). The name brand version is Mirapex®, sold by Boehringer Ingelheim Pharmaceuticals, Inc.
Pramipexole dihydrochloride is a dopamine agonist, used to reduce involuntary muscle movements suffered by PD and restless leg syndrome patients because their brains produce insufficient levels of natural dopamine. The hormone's function is to facilitate communications in the brain's muscle control center.
Final Approval is Strictly Business
Tentative approval means that Glenmark has demonstrated to the FDA that the product is equivalent to versions already approved and is safe for patient use. Final approval comes when patents on the name brand expire or when the maker of the name brand grants permission to market the generic.
When Glenmark releases its version of pramipexole dihydrochloride, it runs the risk of eventually joining Boehringer Ingelheim in court.
Plaintiffs in numerous product liability/personal injury lawsuits claim Mirapex® causes episodes of spontaneous sleeping. The episodes are often compared to narcolepsy, but are not related, except for the outcome. Narcolepsy has not been fully explained, but is known to be a neurological disorder, possibly inherited and triggered by a virus.
Sleeping Episodes Potentially Dangerous
The unpredictable spontaneous sleeping episodes may occur while the patient is driving or performing other tasks. Other possible side effects the FDA requires to be listed in Mirapex® label warnings include nausea, dizziness, involuntary movement, and constipation. Two seemingly contradictory side effects also listed are sleepiness and difficulty falling asleep.
If you have experienced episodes of spontaneous sleep or other side effects while taking Mirapex® or a generic version of pramipexole dihydrochloride, contact an experienced product liability/personal injury attorney. The consequences of spontaneous sleep can be very dangerous. You may be eligible for financial compensation to help you deal with medical costs, loss of income, and personal liability.
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02/06/2010 - National Legal News
Elderly patients, especially elderly women, taking the prescription drug Reglan® (metoclopramide) run a higher than average risk of developing the neurological syndrome tardive dyskinesia (TD), according to the U.S. Food and Drug Administration (FDA). View Full Article
Elderly patients, especially elderly women, taking the prescription drug Reglan® (metoclopramide) run a higher than average risk of developing the neurological syndrome tardive dyskinesia (TD), according to the U.S. Food and Drug Administration (FDA). The drug is the subject of numerous defective products/personal injury lawsuits filed in several jurisdictions.
Reglan® is commonly prescribed to treat gastroesophageal reflux disease (GERD) and to treat nausea and vomiting in chemotherapy patients. It was originally tested and approved for short-term use, usually no more than 12 weeks.
FDA Calls for Improved Package Warnings
Last year, the FDA called for revised warning labels for Reglan®, to better emphasize to patients and health professionals the risk of TD developing in those taking Reglan® and other metoclopramide products. The warning says that, while TD often goes away after medication is stopped, it can be irreversible in some patients.
TD can cause involuntary movements, including grimacing, tongue protrusion, lip smacking, puckering and pursing, and rapid eye blinking, rapid movements of the arms, legs, and trunk, and involuntary movements of the fingers. The syndrome was first recognized in the early 1960s; It is nearly always caused by taking certain medications, including Reglan®.
Drug Makers Faulted for Insufficient Efforts
Plaintiffs in Reglan® lawsuits claim that its maker, Schwarz Pharma, Inc., of Mequon, Wisc., was negligent in not doing enough to let health professionals know of the danger of TD when taking the drug for more than the recommend maximum of 12 weeks.
Metoclopramide has also been sold under other brand names. The Web site Pharmacogenomics Knowledge Base, hosted at Stanford University and funded by the National Institutes of Health, lists nearly 50 current or former brand names.
If you developed tardive dyskinesia or any other health problem after taking Reglan® or any metoclopramide product, you need to contact an experienced defective products/personal injury attorney right away. TD can cause a serious disruption of your life, making it difficult to earn a living and have a normal social life. You may be entitled to financial compensation, especially if there is a chance that your TD is irreversible.
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02/05/2010 - National Legal News
In the U.S., Reglan® is the most widely known brand name for the drug known generically as metoclopramide, the subject of numerous lawsuits alleging the medication may cause tardive dyskinesia, a life-changing neurological disorder. View Full Article
In the U.S., Reglan® is the most widely known brand name for the drug known generically as metoclopramide, the subject of numerous lawsuits alleging the medication may cause tardive dyskinesia, a life-changing neurological disorder. Concerned consumers should be aware that metoclopramide is also produced under other brand names.
Those affected by tardive dyskinesia suffer from involuntary motions, such as grimacing, tongue protrusion, lip smacking, puckering and pursing, rapid eye blinking, and rapid movements of the arms, legs, and torso.
Length of Treatment Is Issue in Lawsuits
Metoclopramide is prescribed for a number of gastrointestinal issues, including some that result from cancer patients' chemotherapy treatments. Plaintiffs accuse manufacturers of not doing enough to let doctors and patients know the potential danger of taking metoclopramide for longer than the four to 12 weeks for which it is recommended.
The defendant in the majority of metoclopramide lawsuits is Schwarz Pharma, Inc., of Mequon, Wisc., which markets the drug as Reglan®. The company is a subsidiary of Schwarz Pharma AG of Germany, itself part of UCB of Belgium.
Stanford Web Site Lists Other Brand Names
A long list of other brand names under which metoclopramide is or has been sold is at Stanford University's Pharmacogenomics Knowledge Base. In alphabetical order, the names are:
Apo-Metoclop, Cerucal, Clopra, Clopra-Yellow, Clopromate, DEL, Duraclamid, Elieten, Emetid, Emitasol, Emperal, Eucil, Gastrese, Gastro-Timelets, Gastrobid, Gastromax, Gastronerton, Gastrosil, Gastrotablinen, Gastrotem, Imperan, Maxeran, Maxolon, Meclopran, Metamide, Metoclol, Metoclopramide Intensol, Metoclopramide Omega, Metocobil, Metramid, Moriperan, Mygdalon, Neu-Sensamide, Nu-Metoclopramide, Octamide, Parmid, Paspertin, Peraprin, Plasil, Pms-Metoclopramide, Pramidin, Pramiel, Pramin, Primperan, Reclomide, Reglan, Reliveran, and Terperan
A few other brand names not in the list can be found with a simple Internet search of "metoclopramide."
If you or someone you know has developed tardive dyskinesia or any other health issue after taking metoclopramide under any name, you need to contact an experienced defective products/personal injury attorney right away. You may be entitled to financial compensation to help you deal with the consequences of misapplication of this powerful drug.
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02/05/2010 - National Legal News
Attorneys in product liability/personal injury lawsuits against makers of shoulder pain pumps were frustrated in a second attempt to have their cases consolidated in federal court. View Full Article
Attorneys in product liability/personal injury lawsuits against makers of shoulder pain pumps were frustrated in a second attempt to have their cases consolidated in federal court. Their petition was rejected last summer and did not receive a decision in time for this month's hearing session of the U.S. Judicial Panel on Multidistrict Litigation (JPML).
The attorneys claim the lack of cooperation from pain pump manufacturers made consolidation under multidistrict litigation (MDL) procedures their only option. They requested consolidation in the U.S. District Court for the District of Minnesota.
Plaintiffs allege that pain pumps, designed to deliver a steady stream of prescription anesthetic directly to the site of surgery during recovery, caused chondrolysis, crippling destruction of shoulder cartilage. They say manufacturers were negligent for promoting pain pumps for an improper application.
According to the U.S. Food and Drug Administration, pain pumps were never approved for use on joints, but were intended for pain relief after abdominal surgery, such as a hysterectomy. After receiving reports of shoulder cartilage damage, the FDA ordered pain pump makers to warn doctors and patients of the risk of chondrolysis.
The anesthetics used in pain pumps have been used successfully for years in single injections to shoulder joints, but proper testing was not conducted to determine the effects of a steady stream on joint cartilage.
Last summer's rejection of consolidation was based on the JPML's opinion that not all pain pumps or pump makers had been identified. The panel suggested attorneys find other means to reduce duplication of efforts in pretrial discovery and minimize the incidence of inconsistent pretrial rulings in cases heard in multiple jurisdictions.
If you or someone you know has suffered shoulder cartilage damage after using a pain pump, contact an experienced product liability/personal injury attorney right away. Medical bills and loss of income can devastate your finances. You need someone on your side to fight for the compensation you deserve.
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02/04/2010 - National Legal News
Identifying Chinese drywall in a house was a destructive and expensive job, until a Florida man put a dog to work sniffing it out. View Full Article
Identifying Chinese drywall in a house was a destructive and expensive job, until a Florida man put a dog to work sniffing it out. Shadow the German shepherd is saving homeowners time, money, and a big mess.
Since dogs have already been trained to sniff out drugs and explosives, Anthony Gimenez of Professional Building Inspectors in Manatee County, southeast of Tampa, thought they could be used to recognize the smell of toxic fumes said to be emitted by Chinese drywall. In partnership with Von Asgard K9 Center of Myakka City, Gimenez formed K9 Detection Service.
Chinese Drywall Fumes Blamed for Damage, Illness
In hundreds of product liability lawsuits, Chinese drywall has been blamed for damage to homes and health across the country, but especially in Florida and other southeastern states where it was used not only to fuel the housing boom of the last decade, but also to rebuild after two hurricanes.
The fumes said to be emitted by Chinese drywall are blamed for corrosion of air conditioning coils, wiring, plumbing, and household items, including jewelry. Numerous health problems have also been reported, mostly respiratory in nature.
Until Shadow was on the job, the best way to identify suspected Chinese drywall was to tear some out and look for manufacturers' markings on the back of the wallboard.
Dog Easily Finds Imported Wallboard
After training, Shadow's abilities were tested on a house known to contain Chinese drywall. The dog correctly located the imported building material. Trainer Jeremiah Comes said the easiest place for the dog is in the cutout for an electrical outlet, because the core of the wallboard is left exposed.
If you have suffered damage to your home or to your health and suspect that Chinese drywall is the culprit, it's time to contact an experienced product liability attorney. It you can't hire Shadow or one of his friends, and you don't want to start demolishing your home, your attorney will fight to get documentation from your homebuilder to show what's in your walls.
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02/04/2010 - National Legal News
Doctors at Duke University Medical Center hope to reduce some of the symptoms of cerebral palsy (CP) in children by injecting them with stem cells from the blood of their own umbilical cords. View Full Article
Doctors at Duke University Medical Center hope to reduce some of the symptoms of cerebral palsy (CP) in children by injecting them with stem cells from the blood of their own umbilical cords. The doctors caution that it will be at least a year before tests show clear results.
While there is no known cure for CP, which is caused by problems with brain development, researchers think the umbilical cord blood stem cells may help reduce muscle tightness, improve mobility, and help patients with their speech.
CP causes issues with muscle control, pain, vision, hearing, communicating, and learning.
Study Inspired by Previous Experiment
The idea of applying blood stem cell therapy to CP patients came from similar experiments with children who have genetic brain diseases. In those tests, according to Dr. Joanne Kurtzberg, director of the Pediatric Blood and Marrow Transplantation Program at Duke, stem cells infused into the bloodstream traveled to the brain and repaired damage.
Kurtzberg said test results with CP patients cannot be properly evaluated for at least a year because of unknown factors, such as how many cells to use, if there may be a better way to deliver them than through the blood, and whether or not the age of the patient affects the outcome.
Most cases of CP are caused by premature birth, prenatal infections of mother or fetus, or placental malfunction that causes a lack of oxygen in the womb.
CP Can Be Caused During Birth Process
Other cases are due to complications or accidents during childbirth, such as oxygen deprivation that can occur when the umbilical cord is wrapped around the baby's neck or the baby spends too much time in the birth canal. Trauma to the head can also be a cause.
If your child developed cerebral palsy due to improper medical care, contact an experienced medical malpractice/personal injury attorney. The cost of caring for a CP victim can devastate a family's finances. Your attorney will fight for your right to financial compensation.
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02/03/2010 - National Legal News
Parkinson’s disease (PD) patients who cut back on prescription drugs known as dopamine agonists can suffer withdrawal symptoms similar to those experienced by users of illicit drugs, according to researchers. View Full Article
Parkinson's disease (PD) patients who cut back on prescription drugs known as dopamine agonists can suffer withdrawal symptoms similar to those experienced by users of illicit drugs, according to researchers. This can create a dilemma, since the prescription drugs may have dangerous side effects.
In a study released by the Weill Cornell Medical Center of New York City, symptoms including anxiety, panic attacks, pain, dizziness, and drug cravings were linked to disruption of dopamine levels in the brain.
Mirapex, Requip Used to Simulate Dopamine Effect
Dopamine agonists, such as Mirapex® (pramipexole) and Requip® (ropinirole) simulate the effects of naturally occurring dopamine, which helps transmit nerve signals in the motion control centers of the brain. PD patients' brains produce insufficient quantities of dopamine, leading to symptoms such as involuntary tremors, stiffness, and slowed movements.
Restless leg syndrome is also treated with dopamine agonists, to relieve involuntary twitching.
Senior study author Dr. Melissa Nirenberg said the similarity between withdrawal from dopamine agonists and drugs such as cocaine and methamphetamines is not surprising, since each stimulates the reward centers of the brain, leading to the same adverse effects when withheld.
Lawsuits Filed over Alleged Side Effects
While some patients may have difficulty withdrawing from dopamine agonists, the makers of Mirapex® and Requip® face numerous product liability lawsuits by patients who claim they suffered adverse side effects from continuing on the medication.
Some plaintiffs allege they experienced unpredictable episodes of spontaneous sleeping; including while driving or performing other tasks that could put the victim at risk. Others claim they suffered compulsive behaviors, including uncontrollable gambling, shopping, and sexual appetite.
If you or someone you know has suffered spontaneous sleeping episodes, compulsive gambling, shopping, or sexual appetite, or other symptoms while taking Mirapex®, Requip®, or other dopamine agonists, contact an experienced product liability/personal injury attorney. These side effects can result in personal liability or debt that may devastate your financial future. Your attorney will fight for the compensation needed to get your life back on track.
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02/02/2010 - National Legal News
A 13-year-old boy from Johnsonville, S.C., was killed Jan. 10 when his four-wheel all-terrain vehicle (ATV) rolled over on him in a field near his home. View Full Article
A 13-year-old boy from Johnsonville, S.C., was killed Jan. 10 when his four-wheel all-terrain vehicle (ATV) rolled over on him in a field near his home. According to the county coroner, the boy died of head injuries.
Benjamin Byers II was pronounced dead at a Lake City hospital at 2:53 p.m., about an hour after his accident, by Florence County Coroner Bubba Matthews. Sheriff's Capt. Mike Nunn said Byers apparently lost control of the ORV, causing it to flip and come to rest on top of him.
Victim Was Avid Kart Racer
Byers was a competitive kart racer. He recently won a televised promotional race against a local station's news director and was preparing to participate in a national championship held in Johnsonville.
According to the U.S. Consumer Products Safety Commission (CSPC) Web site ATVSafety.gov, a preliminary review of news reports reveals that Byers was one of at least nine people to die in ATV accidents since the beginning of the year. Three of the nine were, like Byers, under the age of 16.
ATV Accidents Often Blamed on Poor Design
ATV rollover accidents are most often blamed on alleged design flaws that make the vehicles unstable. The CSPC warns of "their unpredictable nature in off-road conditions." ATV mishaps have resulted in numerous product liability/personal injury/wrongful death lawsuits, most notably over the popular Yamaha Rhino, a larger ATV designed to accommodate both a driver and a passenger in a side-by-side configuration.
The side-by-side ATVs are necessarily wider, but also taller. Plaintiffs in lawsuits over Rhino rollovers say the vehicle is too tall and narrow, making it top-heavy. In cooperation with the CPSC, Yamaha addressed the stability issue by offering all owners a free modification to widen the rear wheelbase and remove a rear sway bar.
If you or someone you love suffered injury or death in a Rhino rollover or other ATV accident, contact an experienced product liability/personal injury/wrongful death attorney right away. You may be entitled to financial compensation for medical bills, loss of work, and other expenses.
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02/01/2010 - National Legal News
Broward County, in southeast Florida, has asked Governor Charlie Crist to declare a state of emergency to help deal with problems blamed on defective Chinese drywall. View Full Article
Broward County, in southeast Florida, has asked Governor Charlie Crist to declare a state of emergency to help deal with problems blamed on defective Chinese drywall. County commissioners requested the declaration in order to qualify for federal and state aid.
Drywall imported from China has been blamed for damaging the homes and the health of people across the country, but especially in Florida, where it was used extensively to build new homes during the recent housing boom and to rebuild homes damaged in two successive hurricane seasons. Domestic production could not keep up with demand at the time.
Toxic Gases Blamed for Damage to Property and Health
Homeowners filing insurance claims and lawsuits claim toxic gases emitted by Chinese drywall, including hydrogen sulfide and formaldehyde, are corroding air conditioning systems, electrical wiring, plumbing, tableware, and jewelry. Complaints have also been filed about numerous health issues, including asthma attacks, sinus problems, sneezing, sore throat, dizziness, ear infections, eye irritation, fatigue, gastrointestinal problems, headaches, joint and muscle pain, nausea, nosebleeds, rashes, and urinary tract infections.
Broward County commissioners say insurance companies are denying homeowners' claims for replacement of Chinese drywall, leaving residents living in what may be dangerous homes. While some homeowners have turned to their insurers for help, others have sued drywall manufacturers, shippers, suppliers, and home builders for damages.
Chinese Drywall Has More Contaminants than Domestic Product
Compared to domestic drywall, the Chinese product contains more fly ash, a by-product of coal-burning power plants. The production of fly ash concentrates all the contaminants found in coal into a more compact form.
If you or someone you know has suffered property damage or health problems due to living in a home built with Chinese drywall, it's important to contact an attorney experienced in handling defective product liability and personal injury case. Repairing your home and your health is going to be expensive, and you may be entitled to financial compensation.
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01/29/2010 - National Legal News
Motorcycle crash deaths in Texas have increased since 1997, the year the state’s legislature did away with helmet requirements for riders 21 and older. View Full Article
Motorcycle crash deaths in Texas have increased since 1997, the year the state's legislature did away with helmet requirements for riders 21 and older. A study published in the Southern Medical Journal shows a 15.2 percent increase through 2003; the Texas Department of Transportation (TxDOT) says the trend continued through 2008.
The medical journal study covered the years 1994 through 2003. The 15.2 percent increase was based on calculating deaths proportional to the number of motorcycles registered, to compensate for increased ownership. Without the adjustment, the increase was 30 percent.
Deaths Increased As Soon As Law Was Changed
The motorcycle accident study authors say there was a conspicuous increase in crash deaths in September 1997, the month the change became effective.
The TxDOT spokesman said the increase in motorcycle crash deaths from 2004 through 2008 was 32 percent, based on figures compiled by state agencies for the National Highway Traffic Safety Administration's report on crashes in Texas for that period. He said a slight drop in 2009 deaths corresponded to reduced ridership, possibly the result of the recession.
Helmet use in Texas was at 77 percent in 1996; it dropped to 63 percent in 1997. Current use is estimated at 36 percent.
Helmet Law Changed When Federal Rules Eased
Texas legislators changed the state's motorcycle helmet law when the federal government reversed its policy of withholding some transportation funding from states without a universal helmet law. Since then, only riders under 21 have been required to wear a helmet.
Twenty states and the District of Columbia require universal helmet use. Twenty-eight states require only riders under a specified age to wear a helmet. Three states have no helmet requirement.
Whether or not you wear a helmet, if you've been involved in a motorcycle crash, you need the help of an experienced attorney. You may be facing medical bills, repair bills, loss of income, increased insurance premiums, and other expenses. Your attorney will fight get you the compensation you deserve to meet these challenges and save you from financial distress.
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01/29/2010 - National Legal News
Federal regulations do not excuse makers of the generic prescription drug metoclopramide from liability for its label warnings, according to the U.S. Court of Appeals for the Eighth District. View Full Article
Federal regulations do not excuse makers of the generic prescription drug metoclopramide from liability for its label warnings, according to the U.S. Court of Appeals for the Eighth District. The companies asked to be dismissed from a product liability/personal injury lawsuit by asserting that the makers of brand name Reglan® were solely responsible for label contents.
Generic makers argued that federal regulations require them to copy label warnings created by brand name makers. The court ruled that the labels on generics could deviate from those on brand names, making those who sold the generics independently liable.
The plaintiff in the case claims various makers of Reglan® and generic metoclopramide, typically prescribed for gastric disorders, were negligent in failing to adequately warn patients that taking the drug might cause tardive dyskinesia, a neurological disorder that she developed after four years on the medication.
Generic defendants are Pliva, Inc., Teva Pharmaceuticals, USA, Inc., Alpharma, Inc., UDL Laboratories, Inc.; Actavis Elizabeth, LLC, Purepac Pharmaceutical Company, and Wyeth, Inc. Brand name defendants are Schwarz Pharma, Inc. and Wyeth, Inc., which is included in both groups because it sells metoclopramide both as Reglan® and as a generic.
The U.S. District Court for the District of Minnesota dismissed the generic defendants by accepting their argument that their label warnings are dictated by those of the brand name defendants. The court effectively ruled that no one was liable in the case by dismissing the brand name defendants because the plaintiff had used only generics.
On appeal, the higher court ruled that regulations allow generic makers to deviate from the labels created by brand name makers, and that each company has a separate responsibility to ensure that labels are accurate and up to date. The generic makers were reinstated as defendants; the brand name makers were not.
If you developed tardive dyskinesia after taking metoclopramide, either as Reglan® or in generic form, contact an experienced product liability/personal injury attorney right away. You may be eligible for financial compensation for medical care, loss of income, and pain and suffering.
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01/28/2010 - National Legal News
A federal judge has denied a motion to consolidate three lawsuits alleging Achilles tendon ruptures were caused by the prescription antibacterial drug Levaquin® (levofloxacin). View Full Article
A federal judge has denied a motion to consolidate three lawsuits alleging Achilles tendon ruptures were caused by the prescription antibacterial drug Levaquin® (levofloxacin). Plaintiffs' attorneys asked to try the three as a single multidistrict litigation (MDL) test case.
U.S. District Judge John Tunheim has been assigned to supervise consolidation of more than 240 similar Levaquin® cases in U.S. District Court for the District of Minnesota. He ruled that more information is required before a decision can be made on the three cases. Seven other cases have already been chosen from among a pool of 15 to be combined into a test trial, known as a bellwether trial.
Plaintiffs Claim Insufficient Warning of Side Effects
Plaintiffs claim Levaquin® makers were negligent in not adequately warning patients of the risk of dangerous side effects, especially cellular deterioration of tendon tissue that can lead to ruptures, including permanent damage to the Achilles tendon of older patients.
The purpose of consolidation is to eliminate duplication of efforts in pretrial discovery and avoid the conflicting pretrial rulings that can occur when trials are held in different jurisdictions. Bellwether trials are an attempt to give legal teams insight into factors that may affect future trials, in hopes of speeding up the latter or encouraging out-of-court settlements.
Attorneys Cited Common Factors in Three Cases
The request to combine the three rejected cases was based on common factors, including the fact that all three plaintiffs took Levaquin for a respiratory infection in combination with a corticosteroid. Each was in the same age group and each suffered an Achilles tendon rupture or tear.
Defendants prevailed when Judge Tunheim agreed that not enough information was available about each patient to determine sufficient commonality to combine the cases.
If you or someone you know suffered tendon damage after taking Levaquin®, contact an experienced product liability/personal injury attorney right away. You may eligible for financial compensation to help you deal with medical bills, loss of income, and pain and suffering.
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01/28/2010 - National Legal News
A class action product liability lawsuit has been filed in Miami federal court against North Carolina drywall manufacturer National Gypsum. View Full Article
A class action product liability lawsuit has been filed in Miami federal court against North Carolina drywall manufacturer National Gypsum. The company joins makers of Chinese drywall in being accused of supplying a defective product that causes corrosion of air conditioning coils, wiring, plumbing, and other metal items.
In numerous suits against Chinese drywall makers, distributor, shippers, suppliers, and others, homeowners claim that the product emits gases that smell like rotten eggs and spread destructive corrosion, even to tableware and jewelry. Those claims are echoed in the suit against National Gypsum.
Coal Plant Byproduct Blamed for Damage
The alleged culprit in accusations is fly ash, a byproduct of coal-burning power plants. Previously, it was said that Chinese drywall contains much more of the substance than drywall produced in America. The burning of coal concentrates its contaminants in the resulting fly ash, including compounds said to give off toxic fumes.
National Gypsum has admitted that its Apollo Beach, Fla., plant uses byproducts from Tampa Electric Company, mixed with raw gypsum from Canada.
A spokesman for National Gypsum said the company has conducted tests in homes built with its product and has found sulfur dioxide and other gases, but not in sufficient concentration to cause corrosion.
Health Official Tells Paper Home is Affected
A Florida health official told the Sarasota Herald-Tribune that the Fort Myers-area home of one of the plaintiffs in the lawsuit was one of the worst affected by drywall-related corrosion he had ever seen. The home contains 90 percent National Gypsum drywall and none from China.
If your home has been damaged by Chinese drywall or drywall from any source, it's urgent that you contact an experienced product liability/personal injury attorney. The evidence for contamination is mounting, and any drywall with fly ash content is suspect. An experienced attorney can help you discover what's in your walls and will fight for monetary compensation to help you deal with it.
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01/27/2010 - National Legal News
A Florida man has filed a wrongful death lawsuit against Brandon Regional Hospital, near Tampa, alleging his wife of 39 years was drugged to death. View Full Article
A Florida man has filed a wrongful death lawsuit against Brandon Regional Hospital, near Tampa, alleging his wife of 39 years was drugged to death. The plaintiff claims his wife was given overdoses of fentanyl, a powerful opioid pain killer, while under hospital care.
Alvie Mosley, of Plant City, filed suit last month over the death of his wife Mable. Defendants are Brandon Regional Hospital, its owner Hospital Corporation of America®, and seven hospital pharmacists. The doctor who prescribed the fentanyl, in the form of Duragesic® transdermal patches, may be added as a defendant when a state-mandated waiting period has expired.
Suit Alleges Medication Was Inappropriate
Mable Mosley was admitted to the hospital with severe shoulder and neck pain. According to the lawsuit, after her pain had been significantly reduced with three other pain medications, Dr. Antonio Zumpano prescribed Duragesic®, which is intended for use only on patients who have developed a tolerance for other opioids. Mosley had not taken other opioids, according to the suit.
Although product label warnings suggest starting elderly patients on a patch that delivers 25 micrograms of fentanyl per hour, the suit alleges Zumpano started with a 50 mg patch, and subsequently raised the dosage to 75 mg, then 100. While the product warnings call for waiting 72 hours to increase dosage, the suit alleges it happened in less than 12 hours.
Label Warns Overdose May Halt Breathing
Possible side effects listed for those without opioid tolerance include respiratory depression and death.
According to hospital records, Mosley developed claustrophobia in an MRI, became nauseous, and choked on her own vomit. The lawsuit claims it was the fentanyl overdose that later caused her to stop breathing and die.
If you have lost a loved one or developed a dependency due to a prescribed fentanyl overdose, contact an experienced personal injury/wrongful death attorney. You may be entitled to compensation to help you deal with the financial and personal consequences.
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01/27/2010 - National Legal News
Toyota Motor Corp. is suspending sales and production of eight models pending resolution of issues related to the possibility that their gas pedals may jam. View Full Article
Toyota Motor Corp. is suspending sales and production of eight models pending resolution of issues related to the possibility that their gas pedals may jam. The action comes less than a week after the company recalled about 2.3 million vehicles to check on their gas pedals.
Dealers have been told to immediately suspend sales of some models of the Camry, Corolla, RAV4, and Avalon, spanning model years from 2005 to 2010. Current production of the affected models at eight North American plants will suspended Monday.
Company Says Move Not Related to November Recall
The company said its latest move was not related to a November recall of 4.2 million Toyota and Lexus vehicles over concerns about unintended acceleration. That recall came after several reported incidents, capped by the Aug. 28 death of an off-duty California Highway Patrol officer and three of his family members in a fiery car crash near San Diego. A man calling 911 from the doomed vehicle said it was accelerating out of control and the brakes were not responding.
No Lexus models are involved in the sales and production halt.
Floor Mats Suspected in Acceleration Problem
Speculation in the November recall included the possibility of interference with the gas pedal by a floor mat that was not original equipment, but often substituted in the vehicles. Owners were advised to immediately remove any floor mats that were not original equipment, pending further study.
There was no mention of floor mats in the more recent recall, only the possibility of what the company called a rare mechanical issue. Toyota said owners will be contacted with information and instructions when the problem is resolved.
If you or someone you know has been injured or suffered property damage as a result of a gas pedal or unintended acceleration problem with a Toyota or Lexus, contact an experienced product liability/personal injury attorney right away. You may be entitled to compensation for medical bills, repair bills, or loss of income.
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01/26/2010 - National Legal News
Polaris Industries is recalling about 8,500 Sportsman® all-terrain vehicles (ATV) to check for possible problems with the steering mechanism. View Full Article
Polaris Industries is recalling about 8,500 Sportsman® all-terrain vehicles (ATV) to check for possible problems with the steering mechanism. The company advises owners to stop using the ATVs until they are checked and repaired.
According to a notice on the Web site of the U.S. Consumer Products Safety Commission (CPSC), Polaris has received 19 reports of steering mechanism failure. The notice warns of a risk of injury or death to riders if the front suspension ball joint stem separates from the steering knuckle, causing the rider to lose steering control.
Company Attempting to Contact Owners
The units covered by the recall were manufactured between January and August 2009 and sold between February and November 2009. Polaris asks owners to contact local dealers for instructions on checking vehicle identification numbers. Dealers are also attempting to contact registered owners.
In 2007, Polaris issued a recall for similar steering mechanism problems.
A visit to the recall page of the CSPC's Web site ATVSafety.gov gives a hint of the potential danger of ATV use. The site strongly recommends training and the use of protective gear, to reduce the chances of serious injury or death. Proper driving techniques are vital, since ATVs are often used on very uneven terrain and in conditions requiring extra caution.
Product Design May Be Cause of Dangers
ATV design is a crucial factor in their safety. Critics say some are inherently unstable, especially some of the new side-by-side versions, such as the popular Yamaha Rhino, the subject of numerous product liability/personal injury lawsuits. The Rhino is accused of being too tall and narrow, making it top-heavy and prone to rollover accidents.
If you have been injured in an accident involving a Polaris Sportsman, a Yamaha Rhino, or any other ATV, you need to contact an experienced product liability/personal injury. You may be entitled to receive financial compensation for medical bills, repair bills, loss of income, or other expenses.
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01/26/2010 - National Legal News
Steve and Elaine Wynn were divorced for the second time earlier this month and agreed to divide their shares of Wynn Resorts, Ltd. View Full Article
Steve and Elaine Wynn were divorced for the second time earlier this month and agreed to divide their shares of Wynn Resorts, Ltd. Elaine got more than 11 million shares, worth more than $740 million on Jan. 5, the day of the decree.
The details of the divorce were sealed by the Las Vegas family courts, but a report filed with the Securities and Exchange Commission (SEC) revealed Elaine's holdings of 11,076,708 shares. She has been a company director since 2002. Steve is the company's chief executive officer.
Wynn Resorts owns two resort casinos in Las Vegas and one in Macau, the former Portuguese colonial port city in southeastern China, near Hong Kong.
Steve Wynn's resort casino development career began in Las Vegas with the renovation of downtown's Golden Nugget and the development on the Strip of The Mirage, Treasure Island, and the Bellagio. He also developed the Atlantic City Golden Nugget and Beau Rivage in Biloxi, Mississippi.
The couple's marital split was forecast early last year, when it was reported that Steve was dating another woman. Their financial split was documented in a series of reports to the SEC, spelling out the steps leading up to the eventual division of Wynn Resorts shares. Each party will have about 18 percent of outstanding shares.
The couple was first married in 1963 and divorced in 1986. They remarried in 1991.
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01/25/2010 - National Legal News
Louisiana is suing 23 companies involved in making, distributing or installing Chinese drywall, accusing them of fraud, negligence, and violations of several state consumer protection laws. View Full Article
Louisiana is suing 23 companies involved in making, distributing or installing Chinese drywall, accusing them of fraud, negligence, and violations of several state consumer protection laws. The imported drywall has been widely blamed for damaging the homes and the health of residents across the country, especially in the Southeast.
Drywall was imported from China when domestic supplies could not keep up with the demand of the housing boom of a few years past. Louisiana, Florida, and other southeastern states were especially in need because of rebuilding after Hurricanes Katrina and Rita.
Chinese drywall has been blamed for corroding air conditioning system coils, wiring, plumbing, and other metal items, as well as causing numerous health problems.
Attorney General Calls Chinese Drywall Defective
Louisiana Attorney General James Caldwell's lawsuit claims the defendants "proactively pushed their defective Chinese drywall into Louisiana in massive quantities..." He writes that defendants' actions violated "expressed and implied warranties and the state's unfair trade practices and...its product liability act."
Caldwell is asking for unspecified damages to help homeowners solve drywall issues, as well as court costs and punitive damages.
Chinese drywall is made with fly ash, a byproduct of coal-burning power plants. In the burning process, all the contaminants found in coal are concentrated into the fly ash, and then embedded in the drywall.
Rotten Egg Smell Can Be First Sign of Trouble
Homeowners say the drywall gives off toxic fumes, including hydrogen sulfide, which smells like rotten eggs. The fumes are blamed for the corrosion and health problems, including various forms of respiratory distress.
About 1,000 complaints from homeowners have been lodged with the Louisiana Department of Health and Hospitals, according to the suit.
If you or someone you know has suffered damage to your home or to your health because of Chinese drywall, contact an experienced product liability/personal injury attorney right away. The case against Chinese drywall is building; numerous health agencies have expressed concern. You may be eligible for compensation to help you deal with the consequences of contamination.
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