The Injury Lawyer Directory Blog

A new FDA Rule has declared that all warning labels must now be clearly highlighted and easy for the average consumer to understand. While this might sound like a noble notion, it appears that the FDA really is doing this to benefit the drug manufacturers. The rule would insulate the drug manufacturers from liability even if the drugs were defective and cause injury as long as the side effect was disclosed. There are, however, still a number of law firms fighting the FDA and the pharmaceutical manufacturers who represent aggrieved and injured people.

The new rule goes into effect on June 30, 2006; until then, ATLA (Association of Trial Lawyers of America) plans to continue to fight the rule.

How are they fighting the new rule*?

• ATLA Public Affairs is looking into options for oversight of the FDA from Congress, who has not given the FDA statutory authority to promulgate rules which preempt state tort law in this area.
• Using a litigation strategy, thorough analysis of the action on warning labels is already proving unconstitutional. ATLA uses the example of Medtronic v. Lohr, 518 U.S. 470 (1996) to show the same analysis, as the case upheld state tort law claims against a medical device manufacturer.
• Reaching out to coalition powers and pursuing an aggressive media strategy will draw attention to the drug industries' unfair benefit and put pressure on the FDA.

To find more information about the FDA's new rule or for more depth on the problems sure to unfold, read the articles on ATLA's website. For consultation on these or other important legal issues, feel free to contact Stipe Law Offices in Oklahoma City, Tulsa, and McAlester, Oklahoma.


*Information paraphrased from www.atlanet.org.

After Katrina struck Southern U.S., many people were left devastated, with no housing or resources. For some people, the insurance companies have denied claims based on flood-damage exclusions.

This denial of claims is based on loose and misleading terminology. With standard homeowner's insurance, wind damage is covered along with water damage that comes as a result of wind, such as rain damaging floorboards because strong winds broke a window. Flooding, such as occurred with many residents living in gulf states during Katrina, is not covered by these policies. If a house has wind damage insurance companies will cover what is above the water line, and houses that have been totally annihilated, or vanished, are placed under flood damage and go completely uncovered. If a homeowner had purchased federal flood insurance, their house would be covered in such cases, but most citizens had assumed that water damages due to floods from hurricanes would be covered.

The disastrous storm cost insurers about $50 billion - although the number sounds high, it proves incredibly insufficient when facing damages in the $75 billions. Americans for Insurance Reform wrote a report condemning the actions of the two biggest home insurers in the U.S., State Farm Mutual Automobile Insurance Co. and Allstate Corp. These two companies, along with three others, were filed against in a lawsuit in September, as well.

Much of the information for this article was provided by MSNBC, where you can read up on tips to keeping yourself insurance-safe in gulf states!

Eli Lilly & Co.'s 3rd best selling pharmaceutical on the market is supposed to be for the treatment of bipolar disorder and schizophrenia, but has resulted in diabetes, or pancreatitis. On December 30th, seven people filed suit (Carl Bavone, Constance Morrow, Jessica Perry and Roger Yon, of Illinois, Debbie Bernsley of Indiana, Robert Goatee of Kentucky and Terrance Hause of Minnesota) in St. Clair County alleging that Zyprexa caused the onset of diabetes or pancreatitis. The victims claim that Lilly knew about Zyprexa's possibility of diabetes, but failed regardless of its obligation to adequately warn doctors and patients.

For a good Zyprexa or defective product lawyer, try Jacoby & Meyers of Los Angeles, California.

Unfortunately for Pfizer, their decongestants use a key ingredient that any well-informed druggie, neo-yuppie, and good-old-urban-American can make good use of: pseudoephedrine. It is essential for the production of crystal meth, or methamphetamine hydrochloride. There's no telling what personal injury lawsuits could come from this deadly connection between health remedies and street-savvy stimulants. Apparently, Pfizer is doing nothing to ensure that this hazardous chemical does not enter the wrong hands.... Could it be that they are appreciating the economic gains, regardless of moral standards?

Awareness of Pfizer's lack of action towards its consumers peaked when a state trooper in Oklahoma was murdered by a meth cook during a drug bust, indicating a rise of methamphetamine users in the area (Green v. Pfizer, No. CJ-05-00115). Ricky Ray Malone was the meth cook, sentenced to death for fatally shooting a state trooper. The town of Oakman, Oklahoma has claimed that Pfizer's decongestant pills are causing a massive local drug problem, and has filed a suit against the company which calls for a ban of pseudoephedrine products in the town (Oakman v. Pfizer).

Officials from Pfizer Inc., Wal-Mart Stores Inc. and Walgreen Co., defendants in the Oklahoma wrongful death suit, have not returned calls seeking comment.

If you need a Personal Injury Lawer in Houstin, Texas try contacting Marc Whitehead & Associates, Attorneys at Law, LLP.

Image from: Central Narcotics Bureau.

Physicians in Maryland are trying to overlook the need for their own personal reform, as they aim for reforms to the medical malpractice laws in Maryland, through the General Assembly session. Doctors are trying to win bipartisan support for "key reforms", according to Karl Riggle, a Hagerstown surgeon. Physicians are wanting special courts for health-care cases, criteria for expert witnesses and "Good Samaritan" protections for doctors in emergency situations.

Senate President Thomas V. Mike Miller came up with his own bill, which many Republicans deemed "tort light". Miller has found tremendous weaknesses with the monitoring system of doctors in Maryland. He believes firmly in publishing doctors' malpractice histories online. He said, "It's shocking to me that in Maryland, the same information [as Virginia, which publishes malpractice histories online] is not available to people who need to make life-and-death medical choices.... If you have a physician with a history of bad treatment, of obtaining bad results and practicing bad medicine, then action needs to be taken forthwith."

It is this very kind of information that the physicians of Maryland are trying to avoid, which harms patients irreparably in the long run. It is important to find a good, reliable doctor, and that is impossible without the right information.

Don't let medical malpractice take control of your life. Get a good personal injury lawyer like Peter G. Angelos, who will keep you informed and protected.

A study conducted by the VA Connecticut Healthcare System, New Haven, Connecticut shows that certain atypical antipsychotic medications are directly linked with a risk of hyperglycemia, or high blood sugar. The research states that of the 647 patients tested for high blood sugar while taking certain antipsychotics (Clozaril, Risperdal, Zyprexa, Seroquel, and Geodon), 153 patients showed significantly higher blood sugar over the course of two years. According to the study, race, ethnicity, age, body mass index (BMI), and psychiatric diagnosis did not have any effect on the blood sugar levels of the patients. The study also proved that almost 1 out of every 3 patients taking the antipsychotic, who had originally thought they had a normal blood sugar level, would develop hyperglycemia.

The authors of this study have stated that their found results should prompt the implementation of periodic screening even in large outpatient populations.

newsinfern.com reported on June 10th that Zyprexa distributor Eli Lilly had agreed to pay $690 million to settle claims based on allegations that prior to September 2003, Lilly had failed to warn those taking the drug that Zyprexa posed an increased risk of diabetes and hyperglycemia.

Zyprexa has been prescribed to more than 17 million people worldwide since it was first marketed in 1996. It became Lilly's best selling medication, after Prozac lost U.S. patent protection in 2001, with annual sales of $4.4 billion or almost 33% of Lilly's total sales of $13.86 billion.

If you or a loved one has been affected by the negative effects of Zyprexa, contact a personal injury lawyer like Jacoby & Meyers in Los Angeles, California.

To find more information on Zyprexa, go to FDA.gov.

Picture from www.lilly.com.

Over a decade ago, medical malpractice insurers reported inflated costs to state regulators. Those numbers were then used to charge higher rates to doctors and hospitals. The consumer advocacy group studying the dilemma has found that later costs were reported as being far below the estimates. The Foundation for Taxpayer and Consumer Rights (FTCR) has found that insurance companies were reporting loss expectations of nearly $40 billion to state insurance regulators from 1986 to 1994, while they only paid less than $27 billion in claims for the period.

"By inflating their estimated 'losses' as much as 66 percent, medical-malpractice insurance companies have misled regulators, lawmakers and the public and overcharged physicians and other healthcare providers," FTCR founder Harvey Rosenfield stated. "Because all insurance companies use the same flawed accounting practices, it is likely that the insurance industry is responsible for several billion dollars in premium overcharges over the last few years, a period during which premiums have soared."

The study, released last summer, closely matches a Center for Justice and Democracy report showing that the nation's largest insurers are taking in more than double what they did just five years ago, while paying claims at or barely above the same level as 2000.

If you have any questions or concerns regarding personal injury, or medical malpractice, try contacting Jim S. Adler & Associates in Dallas, Texas.

Birth injury victims are given new hope, in a stunning example shown by Kristy and Toby Haferman, former West Baraboo citizens who now reside in suburban Dallas. The Hafermans stated that their 14 year-old son had developed cerebral palsy as a result of malpractice in his delivery: he had been denied oxygen. They filed the lawsuit against Dr. Donald Vangor of St. Clare Hospital, the Physicians Insurance Company of Wisconsin and the Wisconsin Hospital Association in 2002.

A divided state Supreme Court ruled Friday that the state Legislature hasn't set clear deadlines on when developmentally disabled children can sue doctors for malpractice. Reversing a ruling by the 4th District Court of Appeals, the court said in a 4-3 decision that state statutes governing malpractice suits filed for children conflict one another. This decision permits the Hafermans to continue their lawsuit.

The Hafermans' attorney, Richard Shulz, said that the ruling means any developmentally disabled child or adult can file a malpractice lawsuit any time, "It kind of rules that class of people out of the statute of limitations," Schulz said. "It's a big win."

The Hafermans' lawsuit went first to Sauk County Circuit Judge Daniel George. He said three different statutes could apply in the case:

• One says actions against health care providers must begin within three years of the injury.
• Another says children must bring malpractice claims within three years or by the time they are 10 years old, whichever is later. However, that statute doesn't apply to children with developmental disabilities.
• Yet another says if disabled people are minors, they can bring a lawsuit within two years after the disability ends — but that doesn't apply to children's claims against health care providers.

Are you looking for a birth injury or medical malpractice lawyer? Try Harvey L. Walner & Associates, LTD in Chicago, Illinois.

The University of California, Irvine, Medical Center in Orange County, California had two civil lawsuits filed Friday, concerning their liver transplant program. The lawsuits concern four patients who claim to have never received their transplant, and three who died waiting for a new liver to become available. UCI Medical Center did not disclose to patients that it did not have a full-time liver transplant surgeon on staff for more than a year, according to Lawrence Eisenberg, an attorney who brought the current cases. Eisenberg states, "UCI simply did not have the capability of performing the transplants because of their lack of staff and insurmountable problems within the program."

UCI Medical Center's liver transplant program was closed on November 10th by Chancellor Michael V. Drake after a report released by the Centers for Medicare and Medicaid Services. The report revealed that:

• Between July 2001 and June 2004, the program had a one-year survival rate of 68%-70%, far below the federal requirement of 77%.
• According to federal data, more than 30 patients died while waiting for transplants within the past two years.
• The hospital was performing far less than the 12 transplants per year required by the government for federal reimbursement.

UCI Medical Center was not only responsible for Orange County's only liver transplant program, but had also been under scrutiny from two other major scandals from the recent years: fertility doctors stealing patients' eggs to implant in fertile women (who did on occasion give birth), and the firing of the director of the cadaver program, due to suspicion that he had been illegally selling spines to an Arizona research program.


Are you facing suffering from negligency or medical malpractice? If you need a personal injury, defective product, or medical malpractice lawyer, try contacting Brown & Brown Attorneys at Law in St. Louis, Missouri.

A pain medication skin patch, manufactured by Janssen Pharmaceutica in New Jersey, caused the deaths of two women from separate families, one in Salt Lake County and one in Tooele County. According to their autopsies, Gina Denise, 42, and Victoria Price, 56, both died of drug poisoning from the drug patches. Their families have filed lawsuits, both stating that the women were found dead in their homes one or two days after receiving the patch, prescribed to them for different reasons. The patch, Duragesic, is designed to give the pain killer fentanyl in controlled doses. Both lawsuits claim seven counts of wrongful death, including product liability and negligence of failing to research and design the patch. The FDA had stated, in July, a public health advisory warning that the patch was capable of causing death by overdose.

Their families filed lawsuits independently in 3rd District Court several weeks ago, and were moved this week to Utah's District Court by request of defending companies. A third suit has been filed this month in district court by the family of Marylin Titus, 72, who died two years ago.

If you're looking for a personal injury lawyer in Salt Lake City, Utah, look no further! Siegfried & Jensen are completely committed to their quality of service.

Beginning last Friday, users of the drug Accutane have begun to be listed in a national registry as part of an effort to limit use of the drug by pregnant, or potentially pregnant, women. Not only is Accutane being a registered drug, but its three generic versions are being logged as well. Amnesteem, Claravis, and Sostret are all the same drug: isotretinoin. This drug has been chased after by the FDA for over 20 years in an effort to prevent it from ever coming in contact with a human fetus. For women who are pregnant when they take the drug, or become pregnant shortly after, there is a very high risk that the fetus could develop brain or heart malformities, including mental retardation.

If you have any fears or concerns with fetal malformation due to drugs with negative side effects, feel free to contact The James Esparza Law Firm of Salt Lake City, Utah.