Product Liability Lawyer Blog

August 3, 2014

Hardin v. PDX, Inc.: On Lamatrigine Litigation

Our Boston injury attorneys know a products liability lawsuit may involve multiple defendants who participated in the manufacture, advertising, distribution, and retail sale of the medication.

Hardin v. PDX, Inc., an opinion from the California Court of Appeals, involved a plaintiff who experienced a complete and permanent loss of eyesight, along with extensive and painful scarring, after taking Lamotrigine. Lamotrigine is the generic version of Lamictal.

The plaintiff alleged that Lamotrigine has been shown to cause Steven-Johnsons Syndrome (SJS) and associated toxic epidermal necrolysis. She further alleged that these conditions were responsible for her injuries.

The plaintiff filed a negligence claim under a theory of products liability against the drug company, the doctor who prescribed the medication, and the retail pharmacy where she filled her prescription. She also sued the publisher that made the drug information insert for patients to read when they get their medicine. This information consists of warnings about the drug in the form of what is called a drug monograph. These monographs are not required by the FDA but are required as part of a self-regulating action plan, which is required by the federal government.
Continue reading

August 1, 2014

NFL Players File Lawsuit Against the League for Handing out Narcotics Like Candy

by Jeffrey S. Glassman

Our Boston injury lawyers understand that no patient can make an informed consent about the risks they face in taking a medication if they are not told of known side effects.

A recent article in the La Crosse Tribune discusses the ongoing lawsuit by NFL players against the NFL organization related to the ways players were allegedly given powerful medication with little or no medical oversight.

According to reports, the players would be sitting in their seats on flights home from games, and the trainers wanted them to hold up fingers to show how many narcotic pills they wanted to dull the pain. These pill included Vicodin, Percocet, and a variety of other narcotics and anti-inflammatory medications.
Continue reading

July 22, 2014

Actos Manufacturer Looks to Make More Money Despite Ongoing Products Liability Litigation

by Jeffrey S. Glassman

Despite ongoing litigation surrounding the diabetes drug Actos, the Japanese drug manufacturer, Takeda Pharmaceutical Co Ltd, seems to be pushing ahead with sales and conducting studies to find new markets for its medication.

According to a recent article from Reuters, a German study shows Actos may delay the onset of Alzheimer’s related dementia. Though this is an early study, and the drug is not expected to gain approval to treat dementia in the next five years, there has been no mention of whether Actos has the same issues concerning bladder cancers as it does when given to diabetes patients.

Our Boston Actos injury lawyer notes in the case of Allen et al. v. Takeda Pharmaceutical Co. Ltd. et al., the plaintiff was awarded $1.5 billion in actual damages and another $9 billion in punitive damages. Takeda is to be responsible for $6 billion of the punitive award and Eli Lilly, which marketed the drug, would be responsible for the remaining $3 billion.
Continue reading

July 15, 2014

Doctors Performing Many More Knee Replacement Surgeries than Medically Necessary

by Jeffrey S. Glassman

Our Boston personal injury lawyers who represent patients with knee replacement-related injuries know that these matters can be confusing to patients who may already have been the victim of inappropriate medical advice.

A new report from CBS examines whether doctors are performing more knee replacements than are medically necessary. A recently released study in a peer-reviewed medical journal found that more than 33 percent of all knee replacement surgeries performed in the United States were not medically appropriate in terms of risks to patients versus medical benefit.
Continue reading

July 14, 2014

Oregon Settles Multimillion Dollar Lawsuit Over DePuy Artificial Hip

by Jeffrey S. Glassman

Our Boston hip replacement attorneys understand that representing a client injured by one of the now-recalled DePuy artificial hips requires a great deal of familiarity with defective medical product litigation. These can be extremely complicated cases.

According to a recent article, the State of Oregon has settled with DePuy Orthopedics for $4 million over deceptive marketing involving artificial hips.

This case involved a metal-on-metal artificial hip that was prone to failing. It has been established that the metal would deteriorate over time, producing shards of metal that have caused muscle damage and other complications requiring surgeries. The iron itself has been known to cause damage to the liver, kidneys, and other internal organs.
Continue reading

July 12, 2014

Benefit v. Risk of Testosterone Replacement Therapy

by Jeffrey S. Glassman

Our Boston testosterone replacement lawyers have been closely following recent FDA action involving the risks associated with TRT. Now, Live Science is taking a look at whether the many benefits claimed by testosterone replacement therapy manufacturers are supported by study results.

Drug manufacturers have claimed that testosterone replacement therapy can increase the patient’s sex drive, energy levels, muscle mass, and generally help him to lead a more active lifestyle.
Continue reading

July 9, 2014

Over-the-Counter Meds Carry Hidden Risks

by Jeffrey S. Glassman

The Food and Drug Administration has issued a new warning this June about certain over-the-counter acne medications. According to an FDA Consumer Update alert, some patients have reported serious and potentially life-threatening reactions after using acne products.

Patients who use over-the-counter acne products should review the FDA information carefully to understand the potential risks associated with the use of these therapies. The FDA’s warning is also a reminder that even over-the-counter medications can be dangerous to patients. From denture creams to Tylenol to testosterone therapy, many medications have proven to cause unexpected side effects that can forever change the life of patients. Those affected by a dangerous drug or medication should consult with a Boston defective drug for more information on how to obtain compensation for losses.
Continue reading

July 7, 2014

FDA Announces Testosterone Meds Must Carry Broader Warning

by Jeffrey S. Glassman

The Food and Drug Administration has received numerous reports of blood clots in the veins of patients taking testosterone therapy products. In response to these reports and increasing concerns about the risks associated with testosterone therapy, the FDA announced that the products must update their warning label to alert patients to the potential that blood clots will form.

Testosterone therapy is marketed as a way for men to improve their sex drive and to get more energy. Testosterone products already have a warning label alerting patients to the fact that an elevated number of red blood cells could cause blood clots. Now, however, WEB MD reports that the FDA wants the medications to carry a more general label.
Continue reading

July 5, 2014

Actos Litigation Ongoing as Massachusetts Insurer Files lawsuit

by Jeffrey S. Glassman

In the wake of a $9 billion verdict against Japanese drugmaker Takeda Pharmaceuticals, the manufacturer of diabetes drug Actos, which has been causally connected to instances of bladder cancer, the number of lawsuits filed against the firm continues.

Boston Actos injury attorneys recognize that in reality, that $9 billion will almost certainly be reduced, at least to some degree. ($1.5 million of the award was for actual damages; $3 billion in damages fell on the shoulders of the company’s marketing firm.) However, the Louisiana jury’s April verdict in the first bellwether case of a multi-district litigation has sent a strong statement, to which other victims are closely listening.

One recent example involves a series of 10 lawsuits filed by Blue Cross & Blue Shield of Massachusetts. In the case of In Re: Actos (Pioglitazone) Products Liability Litigation, the insurer is seeking to recoup damages it incurred after Takeda purportedly failed to warn consumers about the potential risk of bladder cancer associated with its popular diabetes drug, formally referred to as Pioglitazone. The insurer alleges Takeda knew or should have known the risks its product held with regard to bladder cancer. The insurer further alleges the company negligently or fraudulently concealed this link, failing to warn consumers of the danger. In turn, the insurer says it was forced to pay for costs relating to the cancers that developed – a far higher expense than the maintenance of the underlying Type II diabetes.
Continue reading

July 3, 2014

Patients Face Dangers from Off-Label Drugs

by Jeffrey S. Glassman

When the Food and Drug Administration (FDA) grants approval for the release of a drug, the medication is intended for use only for a specific purpose. For example, an antidepressant medication would be tested on patients suffering from depression and the drug is thus approved only for the treatment of depression.

Unfortunately, there is widespread “off-label” use, in which medication is prescribed for something entirely different than its intended purpose. This occurs when it appears that the drug may have a positive impact on a medical condition that it has not officially been approved to treat. In many cases, the off-label use is actually encouraged by the drug manufacturer despite the fact that the pharmaceutical company is aware of exactly what its medication was approved to treat.
Continue reading