Report on Chantix from Institute for Safe Medicine Practices
July 27, 2008
The Institute for Safe Medicine Practices has published a report on the harmful effects of Chantix. The article states that “[f]rom May 2006 through December 2007, the FDA had received 227 domestic reports of suicidal acts, thoughts or behaviors, 397 cases of possible psychosis and 525 reports of hostility or aggression. These totals included 28 cases of suicide and 41 mentions of homicidal ideation, 60 cases of paranoia and 55 cases of hallucination.”
Of similar concern, the authors of the study report other side effects, including 224 reports of potential cardiac rhythm disturbances, 86 cases of seizure, 148 reports of vision problems, and 544 reports of loss of glycemic control (diabetes).
For more on Chantix, please see HERE.
If you believe you have been injured taking Chantix, please E-MAIL today.
RedLasso folds in light of Lawsuit
July 25, 2008
Well, the other day I wrote a blog entry on Facebook bringing a lawsuit against StudiVZ. You can read that entry HERE. StudiVZ is apparently denying copyright infringement. Another company, Redlasso, is not.
Redlasso claims that it “is the only site that enables users to search National and Local TV and Radio broadcasts, create clips and share them.” But, as reported by TechCrunch, the company has shut down its beta after NBC and Fox filed lawsuits against the company. Apparently, Redlasso allowed users to record television programs and then take clips of those programs for viewing by the general public. The site was therefore hosting copyright-protected content on its web site (and actually making FULL episodes available for viewing by certain subscribers).
RedLasso chose wisely in shutting its operations down, as it was (and still may be) in line for a very long courtroom battle with the two network giants. No matter my desire to assist injuries persons and businesses, I cannot help but side with the networks on this issue.
Bilateral Study on Cochlear Implants
July 25, 2008
A study at the Indiana School of Medicine reports that “cochlear implants in both ears significantly improves quality of life in patients with profound hearing loss and that the cost of the second implant is offset by its benefits.” Read more HERE at Science Daily.
Important to this study, the School of Medicine’s findings may assist deaf individuals in obtaining a second cochlear implant via their health insurance.
Senior study author Richard Miyamoto, M.D., Arilla Spence DeVault Professor and chairman of the Department of Otolaryngology-Head and Neck Surgery, stated that “We didn’t know that cognitive skills and emotional issues would so significantly improve with the implantation of a second cochlear device.” If that’s the case, imagine the cognitive skills and emotional issues for a person that has no cochlear implant.
Advanced Bionics has had ”issues” with the HiRes90k cochlear implant, earning the company a $1.1 Million dollar fine with the FDA. Obviously, just as this study reports, if there are benefits to having two cochlear implants, there is damage to anyone having their one implant removed because of a product defect.
I welcome comments and feedback on this issue, specifically if anyone out there agrees that having two implants makes a difference in terms of knowledge and emotional stability.
You can visit HERE for more information on our cochlear implant practice.
Jury Declines Monetary Damages to Punish Hospital
July 24, 2008
A Pennsylvania jury has ordered a Pittsburgh hospital to pay $2.5 million in Wrongful Death Act damages after finding the facility was negligent in the death of a patient. However, the jury awarded no Survival Act damages, saying that no monetary award would adequately punish the hospital. Attorneys for the plaintiff say they will seek a new trial limited to damages under the Survival Act. The case is Rettger v. UPMC Shadyside.
For more information, read the Law.com article HERE. For more information on the facts, …
First Digitek lawsuit filed
July 23, 2008
Bobbie Dyal and Robert Dyal, from Talladega, Alabama are suing Actavis Totowa, the maker of a heart drug Digitek, which was used to treat heart failure and abnormal heart rhythms. The FDA ordered a recall of Digitek in 2005. Read more HERE.
The lawsuit claims that defective Digitek pills caused Bobbie Dyal to suffer permanent heart damage attributed to digitalis toxicity, a lethal reaction to digoxin overdose. Injuries allegedly occurred a few weeks before the FDA announced the national recall.
Symptoms of digitalis toxicity include:
- Visual changes, changes in color perception – yellow-green distortion is most common, but red, brown, blue, and white also occur; halos, bright spots, blind spots, blurred vision
- Palpitations
- Irregular pulse, bradycardia (slow heart rate below 60 bpm)
- Dizziness, loss of consciousness
- Low blood pressure
- Loss of appetite
- Nausea/ vomiting
- Decreased urine output
- Excessive nighttime urination
- Cold sweats
- Difficulty breathing when lying down
- Death
Digitek tablets were distributed by Mylan Pharmaceuticals, Inc. under a “Bertek” label and by UDL Laboratories, Inc. under a “UDL” label. The public has been advised to contact their health care providers if they have any medical questions regarding the recalled Digitek tablets. Do not discontinue any medication without first consulting your doctor.
If you believe you have been injured, feel free to contact the Tim Edwards or Ed Wallis today at (901) 527-4673 or SEND US AN E-MAIL today.
Advanced Bionics settlements may not be binding
July 22, 2008
Advanced Bionics agreed to settle their dispute with the FDA by paying $1.1 Million Dollars. The CEO agreed to pay $75,000. The Company, conveniently, has denied wrongdoing.
If you have been injured as a result of the recall of Cochlear Implant Model HiRes90k, and have settled a claim with Advanced Bionics, your settlement may not be binding as a result of actions by the medical device company. This is because of claims of bad faith on the part of Advanced Bionics. In other words, representations may have been made to the court in the lawsuit filed by you or on your behalf. Only an investigation into your specific case will reveal if there are issues to explore.
For more information, visit the Cochlear Implant Page. You can also feel free to please SEND US AN E-MAIL if you have questions
Advanced Bionics holding webinars
July 22, 2008
Advanced Bionics held a webinar to address the settlement between the company and the FDA. Allegedly, the company on this webinar attempted to persuade those who have received a now recalled cochlear implant to not sue their company.
Persons should be wary of such a corporate tactic. Those who have been injured as a result of this recall have the right to pursue claims in a court of law. For more information on the recall, and the FDA lawsuit, visit the Cochlear Implant page. You can also feel free to E-MAIL us for additional information.
Copycat Facebook in Germany?
July 21, 2008
Expect a massive lawsuit between StudiVZ and Facebook.
As reported by TechCrunch, and the Financial Times, Facebook has filed a lawsuit against a German entity that created a near lookalike of the popular social networking site founded by a Harvard student. The difference between the two sites? The German site contains red coloring and is mostly in German (with other languages available, including French, Italian and Polish). That appears (from initial glance) to be it.
This could be the first effort by Facebook to protect its identity. I would expect the fight to continue for some time.
Keep your paswords safe
July 21, 2008
While not totally related to law, I recently read an entry on the Official Google Blog on password safety. As a trial lawyer, I try and focus on helping injured persons and businesses. One way to minimize becoming injured is to prevent yourself (or your company) from becoming the victim of identity theft online.
One of the first steps in protecting yourself and your family on the Internet is password safety. As explained by
- Avoid common elements when choosing your password (e.g. making your password the word “password”, using your birthday, your social security number, your phone number, etc.)
- Make your password unique (combine upper and lower case letters, use a $ for an s, or a 1 for l)
- Use different passwords for different sites (that way, if someone gets your email password, they may not get your banking password, or vice versa)
- No sharing of passwords. Not to family, friends, or co-workers
- If you suspect your password has been discovered, change it. Immediately.
Keeping your password safe may not necessarily keep you free from injury and identity theft, but it’s one way to minimize the odds of online injury.
Vioxx payments to start
July 21, 2008
Nearly 50,000 plaintiffs will begin receiving checks next month from Merck & Co. as part of a $4.85 billion settlement over the recalled painkiller Vioxx. More than 97 percent of eligible claimants have enrolled in the settlement program, according to the drug maker. At least 250 pending Vioxx-related class-action lawsuits have yet to be resolved. Vioxx was recalled from the market in 2004 after it was linked to severe cardiovascular side effects.
As stated by Merck on its Vioxx information center web site:
WHITEHOUSE STATION, N.J., July 17, 2008 – Merck & Co., Inc. said today that it is satisfied that the thresholds necessary to trigger funding of the program to resolve state and federal VIOXX myocardial infarction (MI) and ischemic stroke (IS) claims in the United States will be met. In fact, the Company expressed its confidence that sufficient enrollments will be verified to exceed the participation threshold requirements. More than 97 percent of eligible claimants now have initiated enrollment in the program.
The Claims Administrator, BrownGreer PLC, continues to receive and verify supporting documentation for some of these enrollments, but the Company has already received releases from approximately 95 percent of eligible claimants. The Company expects that the distribution of interim payments to qualified claimants will begin in August and will continue on a rolling basis until all claimants who qualify for an interim payment are paid. Final payments will be made after all of the eligible claims have been examined.
The Claims Administrator is reporting to U.S. District Court Judge Eldon Fallon in New Orleans today that more than 48,500 of the approximately 50,000 individuals who have registered eligible injuries have enrolled in the program and that the vast majority of enrolled individuals have submitted releases and other materials for verification.
This is a positive development in the Vioxx tragedy that has caused injury to far too many persons.
Recent Comments