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Should The Choice Not To Vaccinate Be A Choice For Liability For Harm?

February 19, 2015

The recent outbreak of measles has brought the question of responsibility to vaccinate to the forefront of the issue. When parents choose not to vaccinate their child, should they be held liable if their child gets a preventable disease and passes it to others who get infected? There has been a strong response by leaders in the legal community who believe such liability is fair and makes sense. Currently, all 50 states and U.S. territories, as well as the District of Columbia, have requirements for the MMR vaccination. Some states allow exemption for personal or religious beliefs. There are a … More

E-Cigarettes Under Review by the FDA

February 14, 2015

Electronic Cigarettes (E-cigarettes) are battery-powered devices that turn liquid nicotine into a vapor that you inhale; many of these look like real cigarettes. For some smokers, electronic cigarettes may satisfy nicotine cravings. They can be used in nonsmoking areas and they may have less of the harmful chemicals that are in cigarette smoke. But they do contain small amounts of harmful chemicals. There was a study published by British researchers indicated that the use of e-cigarettes could assist in smoking cessation. For those wishing to quit the harmful habit this was brilliant news. The study found that those who wanted … More

Study Suggest Strong Links between Xanax Use and Alzheimer’s

February 3, 2015

Older adults who use Xanax or other benzodiazepines may be increasing their risk of developing Alzheimer’s, according to a recent study published in the British Medical Journal (BMJ). Alzheimer’s is a chronic neurodegenerative disease that is reportedly the most common cause of dementia. Taking into account the broad impact of dementia as “the main cause of dependency in older people and a major public health concern,” as well as the prevalence of use among elderly populations ranging “from 7% to 43%” in developed countries, the study explored the possible link between the use of benzodiazepines and developing Alzheimers. The findings … More

Woman bleeds to death after using Xarelto

January 22, 2015

The daughter of a Tennessee woman who bled to death after using Xarelto, has filed a lawsuit on her mother’s behalf against JANSEN RESEARCH AND DEVELOPMENT LLC, the makers of the drug in the United States. The lawsuit asserts that Jansen failed to adequately warn of the dangerous bleeding that could occur as a result of using Xarelto. According to court documents, the decedent started using Xarelto in October 2013 and suffered two “life threatening bleedings” between November and December 2013 which “eventually led to her death” in March 2014. Xarelto (Rivaroxaban) is an anticoagulant (blood thinner) that is prescribed … More

2014-2015 Flu Season Indicates Elevated Flu Activity

January 21, 2015

The Center for Disease Control (CDC) reports elevated flu activity for the 2014- 2015 flu season. The three strains of flu, that are common are: Influenza A (H1N1) viruses Influenza A (H3N2) viruses Influenza B viruses Influenza A (H3N2) virus is the predominant strain reported this year and is associated with higher mortality rates than Influenza B (H1N1). Death rates from influenza are higher in young children and adults over 65 years of age. Reports indicate that half the country is experiencing elevated flu activity. “Flu season” varies year to year but most typically begins in December, with some periods … More

Study Shows Possible Link between Viagra Use and Increased Risk of Skin Cancer

January 16, 2015

Viagra (Sildenafil), the popular drug prescribed to treat erectile dysfunction in men, has been associated with an increased risk of skin cancer according to a Harvard School of Public Health study published in JAMA Internal Medicine in April 2014. The study, which began in 2000, involved 25,848 health professionals who used Viagra and excluded participants who reported having cancer at the start of the study. The study found that men who use Viagra are 84% more likely to develop melanoma, the most deadly form of skin cancer. While the study was only preliminary and not sufficient “to alter clinical recommendations,” … More

Anti-depressant, Effexor Subject to Growing Product Liability Litigation

January 15, 2015

Effexor (venlafaxine) is a serotonin-norepinephrine reuptake inhibitor (SNRI) manufactured by Wyeth that is prescribed to treat long and short-term depression and anxiety. Effexor was brought into the market in 1993. Pfizer acquired Wyeth in 2009. There are several side-effects associated with the use of Effexor. One side effect that is the subject of a multidistrict ligation is regarding its effect if taken during pregnancy. Effexor is shown to cause serious birth defects if taken while a mother is pregnant. In August 2013, the United States Judicial Panel on Multidistrict Litigation grouped nine class actions in Pennsylvania. U.S. District Judge Cynthia … More

Alabama Court Decision May Open a New Door for Restitution

January 7, 2015

The Decisions In 2011, the Supreme Court’s decision in Pliva Inc. v. Mensing held that in state courts, generic-drug manufacturers could not be held liable for failing to inform the Federal Drug Administration (FDA) when its label inadequately warns consumers of health risks. Pliva claimed that it was impossible for generic drug manufacturers to simultaneously adhere to state and federal law because federal law requires generic labels to be identical to labels approved for the name brand. As a result, Pliva stated that unilaterally strengthening the warning on the generic label to avoid state law liability would violate federal law … More

Have you been affected by Cymbalta Discontinuation Syndrome?

December 30, 2014

Several plaintiffs have joined together in a lawsuit filed against Eli Lilly, manufacturer of the popular anti-depressant Cymbalta (duloxetine). The complaint alleges plaintiffs suffered damages as a result of Eli Lilly’s failure to warn of symptoms experienced from Cymbalta withdrawal. Cymbalta is a drug prescribed to treat depression, anxiety and other mood disorders. It is also used to treat nerve pain stemming from peripheral neuropathy in people with diabetes, and pain associated with conditions such as arthritis. It belongs to a sub class of anti-depressants known as serotonin-norepinephrine reuptake inhibitors. Cymbalta helps to increase naturally occurring substances in the brain … More

Fluoroquinolone Study Reveals Double Risk of Peripheral Neuropathy

December 26, 2014

In September 2014, a study published in the journal of Neurology, University of British Columbia researcher, Dr. Mahyar Etminan, PharmD proves a scientific link between fluoroquinolones and peripheral neuropathy (PN). PN is a potentially painful condition that occurs when nerves are damaged, resulting in weakness, numbing or pain, usually in the face, hands or feet. It can also affect other parts of the body. The symptoms can also include muscle twitching, and hypersensitivity to touch. Sensations of tingling, buzzing, electrical zaps and burning in the extremities can also occur. PN can be permanent even after discontinuation of fluoroquinolone. PN can … More