By admin on September 26, 2013 -
A Maryland jury found that Takeda Pharmaceutical Co. did not properly warn Diep An, an ex-U.S. Army translator, and his doctor about the risks of its Actos® diabetes drug and ordered the company to pay more than $1.7 million in damages. The judge immediately threw out the Plaintiff’s verdict on a technicality based on Maryland law.
This is the second time a U.S. jury has found Takeda failed to adequately warn of the bladder cancer risks of Actos to its users. This is also the second time a judge has overturned a Plaintiff’s verdict against Takeda. Under Maryland law, if a Plaintiff is even one percent at fault, the Plaintiff cannot recover. An was a thirty year smoker – a factor that the jury found had some tendancy to contribute to his injuries. Takeda is currently facing more than 3,000 suits regarding its link to an increased risk of developing bladder cancer.
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By admin on July 22, 2013 -
Class Action Defined
Lawsuits involving many people in the same case are called class action lawsuits. One party can sue acting as a representative. Once the class action is certified by the court, only those class members who opt out are excluded from the suit. Class actions allow for the vindication of the rights of a large number of people.
Class action suits are brought when no single person would have enough incentive to bring a suit by themselves. Although class action settlements may be individually small, they can have a significant impact on a company and its reputation as it holds them liable for negligence. Settlements may mandate that the party at fault pay into a fund which will later be distributed to members of the class. Read the rest »
By admin on July 18, 2013 -
In our previous blog post, we discussed the Supreme Court decision to prevent consumers from seeking legal recourse for injuries caused by defective generic drugs under preemption laws. The decision favors manufacturers and is conceptually in conflict with the 2009 Supreme Court ruling that brand-name manufacturers may be sued for damages caused by drug defects. If brand-name pharmaceutical manufacturers can be held accountable for unsafe drugs, then generic drug manufacturers should also be responsible for theirs.
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By admin on July 17, 2013 -
According to the Los Angeles Times, generic drugs are the nation’s most commonly used medications. In fact, roughly 80% of prescriptions prescribed by doctors are for generic drugs. Unfortunately for consumers, if a person suffers injury as the result of a defective generic drug, he or she is barred from suing the manufacturer for damages. In a 5-4 decision last Monday, the Supreme Court tossed out a $21 million jury verdict awarded to Karen Bartlett, a woman who is now legally blind and lost nearly two-thirds of her skin after taking the generic pain killer Sulindac to relieve shoulder pain.
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By admin on July 17, 2013 -
Car accidents are the number-one cause of death for U.S. children ages one to 12, according to the National Highway Traffic Safety Administration (NHTSA). You can help protect your kids in case of a crash by making sure they are using the right car seat for their age and size, and that each seat is properly installed.
The NHTSA provides the following guidelines on choosing the right car seat for your child, based on age:
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By admin on June 19, 2013 -
The U.S. Drug Watchdog is a consumer advocate for victims of defective medical devices and recalled drugs in the United States. The group considers the metal-on-metal hip replacement situation the largest medical device failure in U.S. history. Additionally, the group predicts that hundreds of thousands of metal-on-metal hip implant recipients will experience or have already experienced hip implant failure.
Anyone who has received a metal hip implant is encouraged to get a blood test to determine whether their chromium or cobalt levels are elevated. Increased levels of these metals are considered the best indicators of imminent hip implant failure. Other symptoms may also be present, including difficulty walking, swelling, and pain. Ultimately, revision surgery will be necessary if a hip implant fails, but permanent damage may already be done.
There are currently several metal hip implant manufacturers under legal scrutiny, including Stryker, Biomet, Zimmer, DePuy, and Wright. DePuy’s request for a new trial after a jury returned an $8.3 million verdict in favor of the plaintiff was recently rejected.
By admin on June 17, 2013 -
According to a California federal District Court, a California company that distributed anti-anxiety and anti-depressant drug Effexor was not fraudulently joined in a products liability failure to warn action against Pfizer, Inc., Pfizer International LLC and Wyeth Pharmaceuticals, Inc., the drug’s manufacturers, and McKesson Corp., the its distributor. As a result, the action was sent back to state court.
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By admin on June 6, 2013 -
According to The New York Times, an animal study requested by Merck for its type 2 diabetes drug, Januvia, revealed worrisome changes in the pancreases of rats, leading to follow-up studies which now threaten the future of the lucrative diabetes drug, as well as all other drugs in its class.
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By Kevin Calcagnie on June 6, 2013 -
Rodriguez v. Oto, (Sixth District, January 15, 2013) 212 Cal.App.4th 1020, 151 Cal.Rptr.3d 667, 13 Cal. Daily Op. Serv. 602, 2013 Daily Journal D.A.R. 636
A man who was injured in a collision with a rented automobile retained an attorney the day after the accident, and seven months later reached a settlement releasing the rental car company which owned the other vehicle. The settlement, which was for the vehicle’s policy limit of $25,000, was memorialized with a written release which named the other driver, Hertz, and “all other firms, corporations, associations or partnerships.” Almost two years after the accident the plaintiff filed a lawsuit against the other driver and his employer.
The defendants moved for summary judgment on the basis of the release and the plaintiff opposed the motion, contending that he did not believe that by signing the document he was releasing the other driver’s employer. The trial court granted the motion and the court of appeal affirmed, holding that the trial court did not abuse its discretion in denying the plaintiff’s request for a continuance to obtain testimony from the claims adjuster: Read the rest »
By Kevin Calcagnie on May 30, 2013 -
Yun Hee So v. Sook Ja Shin, HP, (Second District, January 3, 2013) 212 Cal.App.4th 652, 151 Cal.Rptr. 34d 257, 13 Cal. Daily Op. Serv. 168, 2013 Daily Journal D.A.R. 153
A woman who awoke while under anesthesia during a D & C procedure following a miscarriage, filed an action against the anesthesiologist as well as the hospital, asserting various theories including negligence, assault and battery and intentional infliction of emotional distress. The plaintiff alleged that after the procedure while she was in the recovery room, she had questioned the anesthesiologist as to why she had awakened, and that the defendant became visibly upset and angry, left the room and returned with a container of “blood and other materials.” The plaintiff further alleged that the defendant was angry that she had questioned her competence, motioned as if she would drop the container in the plaintiff’s lap, and then touched her hands, arms and shoulders, causing her to sustain severe emotional distress.
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