2002 Medtronic Suit Involving Payment to Doctors

A former lawyer for Medtronic is accusing the medical device company of engaging in an elaborate scheme to entice doctors to use its products. According to the recently unsealed 2002 lawsuit, Medtronic paid for doctor’s strip club visits, travel, clothing and other expenses. The suit seeks damages for violations of rules prohibiting inducements to use Medicare or Medicaid-covered products.

Benefits” to the doctors allegedly included, per the Wall Street Journal:

kickbacks were “pervasive” at Medtronic. Sales staff, she said, “routinely took physicians” visiting the spine unit’s Memphis headquarters to the Platinum Plus strip club, and picked up the tab for the dancers’ services during “VIP visits.” Kelley, reports the WSJ, also claims that on a five-day, all-expenses-paid trip to Alaska in 2001, which was billed as a “think tank,” doctors were supposed to present case studies. But, according to the complaint, little discussion of the case studies took place. One doctor scheduled to give a talk stood before the group, “said he was sorry, but he had not prepared anything,” and “drinking then commenced in place of discussion.” Medtronic picked up the cost of fishing guides and clothing for the doctors, the suit said. It said “women were also provided for the doctors,” but didn’t elaborate.

Interesting allegations. Doctors should know better.

Read more HERE.

Contractor in Fatal Train Wreck Had History of Problems

The September 12 collision between a Metrolink train and a Union Pacific train was not the first time Veolia Transportation faced questions about its safety practices. The company’s ShuttlePort division lost a Broward County contract after two fatal accidents attributed to safety lapses, and the company has faced criticism over lax recordkeeping, maintenance and training practices. The global company operates railways, buses and taxis moving more than 2.5 billion passengers per year throughout Australia, Europe and the United States.

You can read more HERE.

The persons killed and injured as a result of this company’s negligence have the right to seek justice in a court of law. For a free case evaluation, please contact Ed Wallis at (901) 527-4673, or send an e-mail by clicking HERE.

Class Action Filed Against Cell Phone Company

Pic-Cell, a Seattle-based company offering cell phone services to students studying abroad, is accused of violating the Washington State Consumer Protection Act. A suit filed on behalf of six students claims the company added a 3 percent premium and charged unfairly high roaming fees, resulting in monthly bills as high as $1,700.

You can read more HERE.

If you believe you have been wrongly targeted, we handle similar cases amounting to violations of state consumer protection acts. E-mail us by clicking HERE.

Study Finds Few Pain Doctors Face Criminal Prosecutions

The New York Times reports that few physicians are criminally prosecuted or sanctioned by medical boards for illegally or improperly prescribing narcotics, a study published this month has found. According to the study, published in the Journal Pain Medicine, the results largely dispel the notion that doctors are hesitant to prescribe narcotics because of fear of legal scrutiny. Critics of the findings said they believed the study to be seriously flawed.

You can read more HERE.

Court Uphold Punitive Damages in Well Explosion

As reported by the Las Cruces Sun-News, a New Mexico appeals court has upheld a $14.9 million award to the family of a man who burned to death after striking an unprotected natural gas well with his vehicle. The owner of the well, Energen Resources Corp., had argued that the size of the award was excessive and unconstitutional. The New Mexico Court of Appeals found that punitive damages of $13 million were appropriate considering the reckless disregard for the safety of the public shown by the firm.

A positive result for the judicial system.

Consumer Ads for Medical Devices Subject of Senate Panel

The New York Times reports that as makers of medical devices like artificial knees and heart stents increasingly pitch their products directly to consumers, some lawmakers, medical groups and others are calling for restrictions on such advertisements, claiming they mislead patients.

Senate leaders are expected to hear testimony Wednesday on the possibility of increased regulation for the advertising of medical devices such as artificial joints and heart stents. The Senate Special Committee on Aging hearings may prompt lawmakers to increase oversight of medical device promotions in a fashion similar to those seen in pharmaceutical advertising. Some in the medical field have criticized such direct-to-consumer advertising as misleading and potentially harmful to patients. Read the Times article HERE.

Our blog contains one section dedicated to the NexStent(R) device manufactured and sold by Boston Scientific. You can read more HERE.

For a free case evaluation today, or to voice questions or concerns, call Ed Wallis at (901) 527-2125, or send an e-mail today by clicking HERE.

FDA Halts Imports From Indian Generic Drug Maker

David Brown of The Washington Post  reports that manufacturing deficiencies at the plants of a major overseas drug maker, Ranbaxy Laboratories, have prompted the Food and Drug Administration to halt imports from the company. FDA officials noted that while the manufacturing violations that triggered the import stoppage were serious, the risk to American consumers was virtually nonexistent. The affected company is the largest drug maker in India and one of the largest producers of generic drugs in the world.

As reported in the Post:

Douglas Throckmorton, a physician with the FDA’s Center for Drug Evaluation and Research, said there was “no evidence of harm to consumers” from drugs made at the Dewas and Paonta Sahib plants, both in India. He called the import ban “a preventive action.”  FDA officials said numerous tests of the drugs have found they are not contaminated, sub-potent or unsafe and urged patients taking the drugs not to stop. The drugs on the list include numerous antibiotics and antivirals, as well as medicines for high cholesterol, diabetes, high blood pressure, seasonal allergies and acne.

You can read more HERE.

For more information on our pharamceutical litigation, click HERE.

If you believe you have been injured from taking a prescription drug, including Chantix, Digitek, Byetta or Trasylol, please contact Ed Wallis today at (901) 527-2125, or send Ed an e-mail by clicking HERE.

AAJ Comments on proposed Drug Law

As noted by the American Association for Justice:

The Food and Drug Administration (FDA) has gone beyond its statutory authority by including language in a proposed rule on over-the-counter drug ingredients that would give manufacturers complete immunity from lawsuits, according to comments filed today by the American Association for Justice. (AAJ). 

The proposed rule changes the status of some ingredients used in over-the-counter drugs, making the ingredients subject to additional FDA approval before being used.  Once the ingredients get FDA approval, manufacturers no longer can be held accountable should the ingredients cause harm because of preemption language included in the rule.  Seven federal agencies have issued over 60 rules with preemption language in the preamble that give corporations immunity from lawsuits.    

“What the FDA has done is contrary to their mission of protecting consumers.  By giving drug manufacturers complete immunity from lawsuits through this small addition to a rule, there is little incentive for them to make sure the over-the counter drugs they market and sell are safe.  This puts consumers at risk,” said AAJ President Les Weisbrod.   “Government regulation alone cannot guarantee drugs are safe and giving corporations complete immunity from government-approved drugs goes too far,” added Weisbrod.

AAJ is asking the FDA to revise the proposed preamble language to eliminate any reference to preempting state law.  Congress has expressed intent to permit consumers to bring state law claims against drug manufacturers in the Food and Drug Administration Amendments of 2007 and in numerous floor statements.

For more information on our pharamceutical litigation, click HERE.

If you believe you have been injured from taking a prescription drug, including Chantix, Digitek, Byetta or Trasylol, please contact Ed Wallis today at (901) 527-2125, or send Ed an e-mail by clicking HERE.

Upcoming Wyeth v. Levine Case to Affect Pharmaceutical Litigation

The Supreme Court’s upcoming decision in Wyeth v. Levine is expected to have widely felt consequences for those seeking to recover damages from pharmaceutical companies. The drug industry argues that the federal regulation should pre-empt lawsuits claiming that pharmaceutical companies sold defective or unsafe drugs. Consumer advocates and others, including the New England Journal of Medicine, contend that such pre-emption would drastically reduce the safety of prescription drugs.

If this case is a victory for the drug companies, it will severely limit the consumer’s and patient’s right to hold drug companies accountable for wrongdoing, incluidng rushing dangerous drugs to the market without gathering the necessary facts to warn patients of hazards and risks of taking the drug.

I will keep this blog updated with information on Wyeth.

For more information on our pharamceutical litigation, click HERE.

If you believe you have been injured from taking a prescription drug, including Chantix, Digitek, Byetta or Trasylol, please contact Ed Wallis today at (901) 527-2125, or send Ed an e-mail by clicking HERE.

Malpractice Suit Filed Against Veterinarian

Michael and Kathryn Sutton filed a lawsuit last month alleging that their 13-year old dog, Marshall, would still be alive if not for the negligence of a veterinary surgeon. Their suit seeks $75,000 in damages for the loss of their constant companion. As in most states, pets are considered personal property in Georgia, and awards are typically limited to the replacement value of the pet.

Read more about this lawsuit HERE.

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