Current Legal News, Product Liability, Medical Malpractice And Design Defects.
FDA Lifts 14-Year Ban
on Silicone Breast Implants
In a surprising and controversial move, the U.S. Food and Drug Administration
has decided to remove the ban on silicone breast implants, meaning that
one of the most notorious and divisive medical procedures of the past
20 years is poised to regain its old popularity.
Shots Linked to Rare Neurological Condition
Because the flu is responsible for 36,000 deaths and 200,000 hospitalizations
annually, the U.S. Centers for Disease Control (CDC) strongly recommends
vaccination for a large segment of the population. However, a new Canadian
study has given potential flu-shot recipients something else to think
about before they decide to get vaccinated.
Toy Company Mega Brands
Settles Out of Court
Montreal-based Mega Brands, manufacturer of Magnetix toys, reached a
$13.5 million settlement with 14 families, including one whose son died
from injuries related to Magnetix products. A 22-month-old toddler from
Redmond, Wash., Kenny Sweet, died on Thanksgiving Day, 2005, after ingesting
eight kernel-sized magnetic pieces, which led to a perforation of his
intestinal wall and, subsequently, blood poisoning.
Studies have shown that Plavix, a popular heart medication, causes potentially
fatal hemorrhaging, including severe gastrointestinal bleeding. Because
of the significantly increased risk of an adverse gastrointestinal event,
Plavix is not recommended for use in patients with a previous history
of peptic ulcer disease or gastrointestinal bleeding.
lobbying for limits on lawsuits
Automakers are now stepping up their efforts to enact legal reforms that
would drastically change the way auto litigation is handled. Fueled by
President Bush's re-election and a more Republican Congress, Detroit auto
manufacturers, alongside the U.S. Chamber of Commerce, the National Association
of Manufacturers and other business groups have banded together to try
to reform the legal system and limit liability. Full
|Fosamax Side Effects
Fosamax (alendronate sodium), which belongs to a class of drugs known
as biophosphanates, acts specifically on bones and is used in the treatment
of osteoporosis. Recent evidence, however, shows a link between the
use of biophosphanates and a rare but serious bone disease called osteonecrosis.
If you've suffered Fosamax injuries, you may be able to seek compensation
for your losses and suffering. Full
of Infected ReNu with MoistureLoc Users Needed Corneal Transplants
A research report issued by the Centers for Disease Control and Prevention
revealed that one-third of patients with a serious eye infection associated
with Bausch & Lomb’s ReNu with Moistureloc contact-lens solution
had such severe infections that they had or will need a corneal transplant. Full
E. Coli Cases Reaches 109, Natural Selection Food may face Numerous Lawsuits
The number of E. Coli cases linked to contaminated spinach has reached
109. The E. coli outbreak has been traced back to Natural Selection
Food of Salinas, California, but 34 brands in total have been removed
from supermarket shelves. Full
Guidant Defibrillators Continue to Haunt Boston Scientific
According to recent SEC filings, Boston Scientific Corp. now faces
about 477 individual and 72 class-action lawsuits over recalled Guidant
defibrillators. Boston Scientific purchased Guidant earlier this year
for $27 billion, . Full
Pulmonary Embolism Caused by Birth Control Patch
Source: Online Legal Source
An Idaho woman has filed a lawsuit against the makers of the Ortho
Evra birth control patch, Ortho McNeil. This 34-year-old woman used
Ortho Evra for less than two years before she developed a serious
and life threatening condition called severe pulmonary embolism,
caused by the birth control patch. Full
nursing homes showing little improvement in resident care
Source: Online Legal Source
HealthGrades, a company devoted to tracking nursing home quality, said in
its latest report that U.S. nursing homes are not showing much improvement
in the way residents are being treated. Full
recalls 1.2 million vehicles over possible engine fires
Source: Ken Thomas | Associated Press Writer
WASHINGTON -- Ford Motor Co., expanding on one of the largest auto recalls
in U.S. history, recalled 1.2 million trucks, sport utility vehicles and vans
on Thursday amid worries about potential engine fires.
Ford said the recall was to fix the speed control deactivation switch
system, which could corrode over time, overheat and ignite. The move came
hours after the No. 2 U.S. automaker said its second-quarter loss more
than doubled from what it previously reported, underscoring the Dearborn,
Mich.-based company's recent struggles
Conviction Case Goes To Jury For Award
(AP) CHICAGO A man sentenced to life in "the worst hell imaginable" for
murder at age 17 only to be cleared almost three decades later should be awarded
up to $58 million in damages, his attorney said Thursday.
Michael Evans "had to become a zombie to survive in the horrible,
horrible world" of prison with "the worst people humankind has
to offer -- sadists, people who thrive on other people's pain," Jon
Loevy told jurors.
vows to keep fighting the Vioxx war
Source: Aaron Smith, CNNMoney.com
NEW YORK (CNNMoney.com) -- Merck holds the lead in the ongoing legal war against
Vioxx plaintiffs, with five wins and three losses, and experts say it's cheaper
for the company to keep paying defense lawyers than to buy off plaintiffs in
a mass settlement.
"I think they're doing the right thing, at least from a cost-benefit
point of view," said Bryan Liang, professor of health law studies
at California Western School of Law. "Eventually they're going to
wear people down. If they continue to get more wins, I think that some
plaintiffs are going to say 'this is too much' and they're going to start
dropping these cases
Not Told About Tests That Exposed Vioxx Dangers
Merck & Co. did not inform federal authorities about two clinical trials
in which users of the painkiller Vioxx were more likely to die than people given
a placebo, jurors in the first Vioxx liability case to go to trial in California
were told Wednesday.Dr. Edward Scolnick, the former head of Merck & Co.'s
research laboratories, said in a videotaped deposition that he did not believe
the numbers were coincidental.
|Birth Injuries: Conditions & Common Causes
A birth injury is a trauma to the baby that occurs just by the process
of being born. The injury is generally due to tremendous pressure put
upon the baby while passing through the birth canal. It can be caused
by factors such as prolonged labor, a “breech” (legs first)
delivery, premature birth, measures taken by doctors during birth (i.e.,
the use of forceps), and the small size or irregular shape of the mother’s
Types of Injuries.
|Deadly Risks Associated with Asbestos Have Failed to Stop Its Use in U.S.
and Around the World.
Currently, the U.S. Senate is debating a bill (S.852) that would establish
a 30-year, $140 billion asbestos victims’ compensation trust
fund that, in essence, would eliminate asbestos lawsuits and create
a 30-year fund financed by companies facing litigation and their insurers.
Victims would lose their right to sue for compensation and would be
required to go to the fund for relief.
Casts Doubt on Claims That the Medical Malpractice System Is Plagued By
Source: Harvard School of Public Health
The debate over medical malpractice litigation, which raged during the last presidential
campaign, continues as a hot-button political and health care issue in the U.S.
The Senate is expected to vote soon on legislation to impose a federal cap on
non economic damages in malpractice suits, following on similar bills that passed
the House of Representatives but stalled in the Senate last year.
|A Winning Strategy in Defective Products
A products case is won or lost in the early days following the accident,
when the preliminary investigation must be initiated. This article will
offer some suggestions on how to proceed in order to increase the client's
chance of success.
FDA Issues Public Health Advisory on Vioxx as its Manufacturer Voluntarily
Withdraws the Product.
The Food and Drug Administration (FDA) today acknowledged the voluntary
withdrawal from the market of Vioxx (chemical name rofecoxib),
a non-steroidal anti-inflammatory drug (NSAID) manufactured by Merck & Co.
FDA today also issued a Public Health Advisory to inform patients of this
action and to advise them to consult with a physician about alternative
Severe Warnings and a New Registry Program, Many Question Whether an Acne
Drug Is Really Worth the Enormous Risks Posed by Accutane
By: Steven DiJoseph
For years, Accutane has been under siege from numerous medical experts, consumer
watchdog groups, and even many officials within the FDA itself because of the
many serious health risks linked to the drug.
Internal Ford Document Shows 16 Million Vehicles
Remain Equipped With Faulty Electrical Switch Already Responsible
For 559 Fires.
In its ongoing investigation of fires linked to faulty cruise control shut off
switches in Ford vehicles, CNN is reporting that despite the fact that Ford is
aware of 16 million 1992 to 2003 vehicles at risk, only slightly over one million
have been recalled.
The switch in question only costs $20.57, yet is already being linked to 559
fires reported to the National Highway Traffic Safety Administration (NHTSA).
Many of these fires have completely garage.
Whistleblower Protection Is Not International
Source: The National Law Journal
By: Pamela A. MacLean
Article Summary -
Corporate whistleblower protection under the Sarbanes-Oxley securities
law stops at the U.S. border. In the first appellate decision to
weigh in on whistleblower protections under SOX, the 1st Circuit
has decided that they do not extend to foreign workers employed
by U.S. companies' overseas subsidiaries. In the case at issue,
the Argentinean plaintiff's attorney argued that the SEC has interpreted
other SOX sections' nearly identical language to apply to foreign