Drug Companies Ordered to Pay for Defrauding Medicaid
October 31, 2008
A St. Louis jury has ordered three pharmaceutical companies to pay at least $7.3 million for overcharging Medicaid for prescription drugs. Jurors found that Warrick Pharmaceutical, Schering Corp. and Schering-Plough Corp. encouraged pharmacies and other healthcare providers to purchase drugs above the average wholesale price. Jurors returned to deliberations Thursday to consider punitive damages.
You can read more HERE. Worth noting, Schering-Plough Corp. has agreed to pay $31 million to settle a suit alleging that its generics subsidiary, Warrick Pharmaceuticals Corp., inflated prices in a way that cost Missouri taxpayers millions of dollars. The settlement is the largest amount the Missouri has ever obtained in a legal case against a pharmaceutical company, said Attorney General Jay Nixon, who filed the lawsuit in 2005.
If you believe you have been injured as a result of taking any pharmaceutical drug, including Byetta, Chantix, Traysol, Digitek, or Celebrex, click HERE.
The law firm of Glassman, Edwards, Wade & Wyatt, and attorneys Tim Edwards and Ed Wallis, are providing free case evaluations about your injuries. Please call (901) 527-4673 and ask to speak to Tim Edwards or Ed Wallis today. You can also email us by clicking HERE.
Tennessee Court of Appeals Declares Three-Year Statue of Respose in Medical Malpractice Cases Unconstitutional as to Minors Injured Before Calaway
October 31, 2008
In a case argued by David Randolph Smith to the Court of Appeals on September 8, 2008, on October 29, 2008, in a 2-1 decision the Tennessee Court of Appeals ruled in Crespo v. McCullough that Tennessee’s three-year statute of repose in medical malpractice cases could not be constitutionally applied to minors injured before December 9, 2005. The Court ruled in favor of the minor-plainitff Laura Crespo and held that the constitutional guarantees of due process and equal protection of laws were violated by applying the three-year statute of repose to minors who were injured prior to the Supreme Court’s decision in Calaway v. Schucker (12/09/05).
In Calaway the Tennessee Supreme Court held (3-2) that the three year statute of repose in the medical malpractiuce statute trumped the legal disability statute for minors and, contrary to prior law, minors did not have until age 19 to sue for medical malpractice. The Supreme Court decision in Calaway, however, did not consider or address any contitutional issue or challenge. The Court of Appeals accepted the argument advanced by the Crespos that the constitutionality of the three-year statute of repose as applied to minors injured before the date of the Calaway decision was an issue of first impression.
I will await an appeal to the Tennessee Supreme Court.
Thoratec Corporation Recalls Heart Pump (Heartmate II)
October 30, 2008
MEMPHIS, TN — Attorneys Tim Edwards and Ed Wallis are announcing that the deaths of five users of a small mechanical heart pump have prompted the manufacturer to recall the device. According to device maker Thoratec Corp., wear on an electrical wire in the implant may cause the devices to fail. The recall applies to heart pumps distributed to 153 hospitals and other locations since 2003.
The recall affects devices with catalog numbers 1355 and 102139.
The FDA has urged patients with the Heartmate II to contact their doctors to have the device checked. Surgery to have the faulty medical device replaced will be an option for some however for those who are not good candidates for re-surgery the device will be allowed to fail resulting in the death of the patient.
Mr. Edwards and Mr. Wallis represent injured persons who have been implanted with dangerous and defective medical devices. They are prepared to offer a free case evaluation to you today. If you have a recalled device, please see your medical provider immediately. If you or a loved one have sustained injuries from a recalled Heartmate II device, or wish to discuss your rights for a lawsuit against Thoratec Corp., please contact us today by calling Tim Edwards and Ed Wallis at (901) 527-4673, or via e-mail by clicking HERE.
Mississippi Supreme Court Upholds Medical Malpractice Award
October 30, 2008
From a neighboring state, the Mississippi Supreme Court has upheld more than $4 million in compensatory damages in the case of woman who died from a lethal dose of painkillers after being misdiagnosed with pancreatic cancer. According to reports, Ersel Allen received massive doses of the painkiller Dilaudid while receiving care at Hospice Ministries. A subsequent autopsy showed that the woman never had cancer. The court did dismiss a $500,000 punitive damages award against the medical director of the hospice at the time of the incident.
Worth noting, the plaintiffs settled with the hospice during the trial for the maximum $1 million in insurance coverage it carried.
You can read more HERE.
For more information on our medical malpractice, pharmaceutical, medical device and LASIK malpractice sections, please visit our PRACTICE AREAS page. You can also email us today by clicking HERE, or call Ed Wallis at (901) 527-2125.
Bayer warned about aspirin marketing
October 30, 2008
Federal regulators issued warnings Tuesday to drugmaker Bayer over marketing linked to two aspirin medicines. The Food and Drug Administration said that the Bayer Women’s Low Dose Aspirin + Calcium and Bayer Aspirin With Health Advantage products had been marketed illegally with unproven medical claims. An FDA official said the agency plans to take enforcement action against the company for the violations.
You can read more in the New York Times by clicking HERE.
If you believe you have been injured as a result of taking any pharmaceutical drug, including Byetta, Chantix, Traysol, Digitek, or Celebrex, click HERE.
The law firm of Glassman, Edwards, Wade & Wyatt, and attorneys Tim Edwards and Ed Wallis, are providing free case evaluations about your injuries. Please call (901) 527-4673 and ask to speak to Tim Edwards or Ed Wallis today. You can also email us by clicking HERE.
Byetta Stock Declines
October 30, 2008
Over the several weeks since concerns first emerged about a potential link between the Byetta pen and pancreatitis, the stock price for the drug’s maker, Amylin Pharmaceuticals, has fallen dramatically. On June 5, 2008, the stock price was at $32.77. At the close of October 29, 2008, the stock closed at $9.58, down $23.19.
Byetta (exenatide) is a drug approved for treatment of Type 2 diabetes, and has been used by nearly one million people since it was approved in 2005. It is a twice daily injection which is sold in a pre-filled pen by Amylin Pharmaceuticals and Eli Lilly & Co. While the history of Byetta is discussed on our PRACTICE AREAS page, on August 18, 2008, the FDA issued a warning to healthcare providers about 6 severe cases of pancreatitis among Byetta users. Prior FDA reports had indicated that at least 30 users had developed acute pancreatitis while using Byetta, but these 6 cases involved necrotizing pancreatitis and hemorrhagic pancreatitis, which resulted in at least 2 deaths. Additional deaths are suspected.
On August 25, 2008, Eli Lilly and Amylin held a conference call with investors and the public in an attempt to ease concerns about the potential Byetta pen pancreatitis risk. Although the manufacturers denied that the evidence supports a connection between Byetta side effects and pancreatitis, they disclosed that they were aware of at least four other deaths among users of the drug caused by severe cases of pancreatitis.
We are reviewing and investigating cases involving Byetta, and encourage you to contact us today by calling Ed Wallis at (901) 527-2125, or sending us an email today by clicking HERE.
Woman Blinded in LASIK procedure
October 24, 2008
The wife of a professor at at the University of La Verne has been diagnosed as partially blind in her right eye following laser vision corrective surgery, LASIK. The patient, an attorney, blames a rushed schedule and lack of communication by the doctor for the injuries. “The doctor never explained to me what to expect from the procedure,” said Ms. Lising. The patient also recalls the Web site misleading clients into thinking it is a painless, safe and hassle-free procedure. Based on the number of LASIK and laser eye surgery complications annually, this type of advertising is unfair and deceptive. More on Ms. Listing’s injuries can be found HERE.
If you believe you have been injured as a result of the negligence of a physician during LASIK, PRK or another form of eye surgery, visit our LASIK Malpractice page for more information by clicking HERE.
The law firm of Glassman, Edwards, Wade & Wyatt, and attorneys Tim Edwards and Ed Wallis, are providing free case evaluations about your injuries. We are currently representing persons injured by LASIK malpractice and stand ready to try and help you. Please call (901) 527-4673 and ask to speak to Tim Edwards or Ed Wallis today. You can also email us by clicking HERE.
Jury awards damages to phen-fen plaintiff
October 24, 2008
A New Jersey jury has ordered drugmaker Wyeth to pay $3 million to a woman who contracted a serious lung disease from taking the withdrawn drug fen-phen. The Bergen County Superior Court jury found that the diet drug was responsible for causing Gloria Stribling to develop primary pulmonary hypertension. A previous global settlement involving the drug did not cover plaintiffs who claim they developed primary pulmonary hypertension from taking fen-phen. Read more HERE.
If you believe you have been injured as a result of taking any pharmaceutical drug, including Byetta, Chantix, Traysol, Digitek, or Celebrex, click HERE.
The law firm of Glassman, Edwards, Wade & Wyatt, and attorneys Tim Edwards and Ed Wallis, are providing free case evaluations about your injuries. Please call (901) 527-4673 and ask to speak to Tim Edwards or Ed Wallis today. You can also email us by clicking HERE.
Family awarded $16.2 Million from Fraternity
October 24, 2008
A national fraternity and its University of Texas affiliate have been ordered to pay $16.2 million in damages for an alleged hazing incident that lead to the death of a student. State District Judge John Dietz ordered the damages after both the national and university chapters of Sigma Alpha Epsilon fraternity failed to respond the lawsuit by the student’s parents. Both defendants could seek a new trial if they can show reason for not responding to the lawsuit.
You can read more HERE.
Tougher Standards Sought for Cribs
October 24, 2008
In the wake of a recall affecting nearly 1.6 million cribs, federal regulators plan to institute new standards governing crib durability and hardware problems. A spokeswoman for the Consumer Products Safety Commission said that while voluntary standards have decreased the number of crib injuries and deaths, they have not fully addressed comprehensive durability standards. Durability and hardware issues have been at the root of five recent crib recalls, according to the Washington Post. Read more HERE.
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