Articles Tagged with mass tort

Published on:

Alabama Accident & Injury LawyersI recently read an article which indicated almost 2/3 of all injured plaintiffs in mass tort cases were unhappy. That’s no surprise! Many of these individuals suffered very serious injuries only to be lost in a system that treats them like numbers rather than people. The article discusses a study by Georgia Law Professor Elizabeth Burch and Federal Judicial Center visiting scholar Margaret Williams.

What is a mass tort? I’ll use the ongoing Zantac injury claims as an example. Zantac was a drug distributed across the United States for many, many years. You could even buy Zantac without a prescription for many years. The claim is that Zantac is defective and causes cancer. You have a common product used by everyone. But, the injuries (cancer in this case) are unique. Every person suffers uniquely and individually. Our office has filed several Zantac personal injury claims. Each of our clients is unique and deserves individual attention.

How are these mass tort claims handled? Our Federal Courts will typically assign the cases to a single judge for pre-trial purposes like discovery. The idea is that it saves time and resources for a single judge to oversee all pre-trial issues. Once your individual claim is ready for trial, it will be transferred back to the Federal Court where you filed the case. You get a trial on your unique injuries and damages. At least, in theory, that’s how it is supposed to work. The process is called Multi-District Litigation (MDL).

Published on:

Huntsville Accident & Injury LawyersA successful trial lawyer recently published an article arguing the mass-tort system is badly in need of reform. It’s a good article. He’s right. The system absolutely needs reform.

What is the mass tort system? If you are not a lawyer, you may be asking this question. Look at this way. If you suffer an Alabama car accident injury, you may have a claim against the negligent driver. If you suffer an Alabama workplace injury, you may have a claim against your employer for workers’ compensation benefits. You file your individual claim against a specific defendant in Alabama and the court decides the issues. If you suffer an injury from a bad drug or defective medical device, the concept is similar but on a different scale. You make an individual claim against the company which made the defective product. It’s you versus the drug company. We have filed many of these defective drug and device cases in Federal Court.

The difference is the number of other claims. With a bad drug or defective medical device, hundreds or thousands of people across the United States may have suffered a personal injury. Your injuries and damages are unique. No two people suffer exactly the same. But, all the cases do have a lot of similar issues related to the product. The idea is that it is more efficient for a single judge to handle pre-trial issues where all the injured parties are trying to learn this information. So, Federal Courts will assign a single judge to oversee pre-trial motions and discovery. After the claims are fully investigated and prepared, they are sent back to the local judge for your individual trial. You end where you started — You versus the drug company.

Published on:

Injured-by-a-dangerous-drug-or-defective-medical-device-200x300On December 22, the 11th Circuit issued a new opinion dealing with the Learned Intermediary Doctrine under Georgia law. Many states, including Alabama, follow the same or similar versions of this doctrine. The Learned Intermediary Doctrine is a key issue in personal injury cases involving dangerous or defective prescription medications. If you suffered a serious injury from a bad drug, this legal doctrine may decide whether or not you can recover damages for your injuries.

What Is The LEARNED INTERMEDIARY DOCTRINE? How The Doctrine Impacts Bad Medication Cases.

So, what is the learned intermediary doctrine? Let’s start with the new 11th Circuit case, Hubbard v. Bayer Healthcare Pharmaceuticals. The case involved a Georgia lady who suffered a catastrophic stroke while taking the prescription contraceptive Beyaz. Later, she sued Bayer claiming the company failed to warn adequately of the stroke risk.

Published on:

Personal Injury Lawyer In HuntsvilleYou’ve seen and heard all the lawyer promises. From billboards to television, they ask you to call. Some of them even yell their requests. It’s really a terrible way to find a good personal injury lawyer. Instead, you should research your options. Talk to people you trust. Look for an attorney who will work hard to prepare your case.

For the last few weeks, I’ve been discussing several ways settlement mill law firms harm their clients. Settlement mills are those law firms that mass advertise for a volume of cases that can be quickly settled. For them, it’s not about the client relationship. It’s not about building a case for its maximum value and recovery. It’s all about volume.

In recent posts, I discussed the secret arrangements many advertising lawyers have with a specific chiropractor. Like an assembly line, clients are referred to a specific chiropractor who runs up medical bills. In the end, the client suffers. How? These clients do not get the real treatment needed. And, at the end of the case, they are left paying their settlement money to the chiropractor. I’m not attacking all chiropractors or lawyers – just the ones involved in this terrible practice.

Published on:

Huntsville Accident & Injury AttorneysI’ve written several articles discussing Ranitidine (brand name Zantac) and cancer injuries. For a longer discussion on the background and history of Zantac, you can click the link and read our report at Zantac Cancer Lawsuits. I’ve also written several other Zantac articles which you can read on the Blackwell Law Firm Blog. We will continue to follow the growing Zantac research linking the drug to cancer injuries.

In my prior articles, I provided an overview of NDMA — the cancer causing substance associated with Zantac. No safe level of NDMA exists. NDMA is highly toxic. Ranitidine (Zantac) breaks down to create toxic, cancer-causing NDMA. In recent years, our firm has handled Alabama injury cases involving several different cancer-causing medications. But, Zantac is especially dangerous. Why? What makes Zantac so dangerous is that it breaks down in more than one way to put consumers at risk of injury. In other words, Ranitidine reacts in multiple ways to produce cancer causing NDMA. Here, are four ways Ranitidine leads to cancer-causing NDMA that can harm you:

RANITIDINE LEADS TO CANCER-CAUSING NDMA FORMATION IN THE HUMAN STOMACH

Published on:

Personal Injury -- Blackwell Law FirmA recent study estimated a significant percentage of medical studies are ghostwritten. The really troubling detail — Up to half of all medical studies may be ghostwritten by companies with a financial interest in the research.

Next time you see or read a medical article listing a researcher or physician as the author, take a step back. Did the listed author really write the article? Maybe. Maybe not. Maybe a drug company or medical device company funded and really authored the article.

Consider the revealing article published by former ghostwriter Linda Logdberg. The article is titled Being the Ghost in the Machine:  A Medical Ghostwriter’s Personal View. How does Ms. Logdberg now feel about her former career?

Published on:

Image by drneelesh
Recent research shows a dangerous problem with many newly approved drugs. Life-threatening side effects are common in the years following FDA approval. An article titled “Study: Side effects emerge after approval for many US drugs” details the new research. The article’s opening paragraph sums it up:

Almost one-third of new drugs approved by U.S. regulators over a decade ended up years later with warnings about unexpected, sometimes life-threatening side effects or complications . . .

This new study followed all prescription drugs approved by the Food and Drug Administration (FDA) from 2001 through 2010. The drugs flagged because of serious post-approval problems included medications for common medical problems such as arthritis, infections, blood clots and depression. The study’s lead author (an associate professor at Yale University) said “the large percentage of problems was a surprise.” As for me — I’m not surprised.

Published on:

19916066779_1a281ebca0_z-300x199
INVOKANA USE MAY LEAD TO FOOT AND LEG AMPUTATIONS

On May 16, the Food and Drug Administration (FDA) issued a new warning about the diabetes drug Invokana. Now, the FDA “has concluded” based on tests that the drug presents an increased risk of foot and leg amputations. Specifically, the FDA safety alert says:

Based on new data from two large clinical trials, the FDA has concluded that the type 2 diabetes medicine canagliflozin (Invokana, Invokamet, Invokamet XR) causes an increased risk of leg and foot amputations. FDA is requiring new warnings, including the most prominent Boxed Warning, to be added to the canagliflozin drug labels to describe this risk.

Published on:

Photo by A. Kirk
Did Johnson & Johnson fail to warn women of ovarian cancer risks related to the use of its talcum powder products? For years, Johnson & Johnson has marketed its talcum powder products for feminine hygiene. Yet, the company never warned that the use of talcum powder for feminine hygiene may be linked to ovarian cancer.

Since the early 1970s, numerous studies have indicated an increase in the risk of ovarian cancer with this use of talcum powder. So, why did Johnson & Johnson not warn consumers? Why did Johnson & Johnson continue to make money marketing these products as safe and effective for women? These are questions being raised by women who have suffered ovarian cancer after years of using talcum powder products.

For detailed information, take a look at our page on Talcum Powder Lawsuits located under the Hot Topics section of our firm website. We provide information about talcum powder and the history of its use by Johnson & Johnson. We are happy to answer additional questions as well.

Published on:

Our office has closely followed developments with the diabetes drug Invokana. Invokana is in a class of drugs known as sodium-glucose cotransporter 2 (SGLT2) inhibitors. This is a relatively new class of drugs also including Farxiga, Jardiance, Glyxambi, and Xigduo XR. These drugs treat diabetes by altering kidney function to stop reabsorption of glucose into the patient’s blood stream. We have a page on our firm website discussing these drugs, how they work and their link to diabetic ketoacidosis. Despite being a new drug at the time we published our initial page, Invokana had already been linked to numerous adverse health reports. Since then, even more potential injury risks have emerged. You can read about these developments in several posts on this blog.

In its recent QuarterWatch report, the Institute for Safe Medication Practices (ISMP) calls Invokana a “dangerous gamble.” The ISMP report opens with the following paragraph:

The nation’s gamble in embracing new drugs for long-term use with only short-term clinical testing was most apparent in the rapid acceptance into clinical practice of a new class of oral diabetes drugs called sodium-glucose cotransporter-2 (SGLT2) inhibitors. There are now three such agents, canagliflozin (INVOKANA), dapagliflozin (FARXIGA), and empagliflozin (JARDIANCE). Since approval, evidence of multiple safety problems has emerged.
Contact Information