Access To Justice

News developments that we’ll be watching at Sokolove Law:

GlaxoSmithKline could face billions of dollars in potential liability from personal injury lawsuits stemming from its diabetes drug Avandia, according to a Reuters report.  The news service said that UBS cut its price target for Glaxo and estimated the company’s potential liability to range “below the midpoint of the $1-$6 billion range forecast by legal experts.” Around 13,000 lawsuits have been filed in connection with Avandia.

Last month a US Senate committee released a report saying that Glaxo knew of possible cardiac risks associated with Avandia for years before such evidence became public. Glaxo rejected the Senate report findings and said the drug is safe.

An advisory panel convened by the Food and Drug Administration (FDA) said on Friday that insulin pump problems were more likely the result of user error than device defects, according to Reuters. Insulin pumps are used by diabetics to regulate their blood sugar. A defective pump could lead to improper blood sugar levels, a potentially fatal problem. Earlier this week the FDA said there were problems with the pumps across the industry and called together a panel of outside experts to discuss ways to minimize the risk from defective pumps and to improve how pump makers report and investigate the problems.

Shoppers may want to consult with an FDA recall website before heading out to do the grocery shopping this weekend. That’s because thousands of products containing hydrolyzed vegetable protein (HVP) made by Basic Food Flavors Inc. may be contaminated by Salmonella, according to the federal agency. WebMD writes that so far there have been recalls of 56 processed foods ranging from dips to soup mixes and the list is expected to grow. No illnesses have so far been reported. Concerned consumers can go to an FDA web site to learn about recalled products. The site will be updated as new recalls are issued.

News developments that we’ll be watching at Sokolove Law:

Insulin Pumps Under Scrutiny: The Food and Drug Administration (FDA) said yesterday that insulin pump problems are on the rise and issues with the devices “exist across manufacturers,” according to a Reuters report.

The  FDA did not cite specific manufacturers. However, major pump makers include Medtronic, Roche Holding AG and Johnson & Johnson.  There have been 18 pump recalls in the last five years, according to the FDA.  A document issued by the agency found that there were nearly 17,000 reports of adverse events related to insulin pumps between 2006-2009, including 310 deaths. The reports do not prove a device caused a specific problem.

Insulin pumps are mostly used by individuals with Type I diabetes who require insulin daily to help control their blood sugar. A malfunctioning pump can lead to improper blood sugar levels, a potentially fatal problem.

Reuters reports the FDA will meet with an outside advisory panel on Friday to discuss ways to minimize the risk from malfunctioning pumps and to improve how pump makers report and investigate the problems.

Deadly drywall? Toxic Chinese drywall may be responsible for several deaths, according to a Scripps Howard News Service analysis of drywall complaints and follow-up inspections handled by the US Consumer Product Safety Commission (CPSC).  The news service writes that eight deaths allegedly linked to toxic wallboard were reported to federal consumer safety officials between June-December 2009. Most involved elderly and young people with longstanding medical problems. However, the CSPC told Scripps there is “no scientific proof of a link between drywall and the deaths.”

Fatal facelift: The Boston Globe reports that cosmetic surgery company Lifestyle Lift is facing a lawsuit alleging that a Massachusetts woman died from a  facelift procedure performed at one of its surgical centers. The suit was filed in Middlesex Superior Court by the deceased woman’s family.

At Sokolove Law, we’re here to protect your rights.

I’ve written before about a number of initiatives around the country to put caps on medical malpractice awards, and why such initiatives don’t make much sense for consumers.

When last we left these proposals, the Illinois Supreme Court had delayed issuing a ruling on whether the caps were constitutional in that state.  In February, the court issued its ruling overturning the state’s medical malpractice law and holding that caps on liability damages were unconstitutional.

Essentially, the Court’s decision reverses a 2005 state law capping non-economic damages—such as pain and suffering—for physicians at $500,000 and hospitals at $1 million.

The Court based its decision on a case that arose from Cook County, LeBron v. Gottlieb Memorial Hospital, involving the severe disability of a young girl, Abigaile Lebron.

The New York Times had a nice write up on the ruling here.

I’ve argued ad nauseum that caps on medical malpractice do not make any sense.  As I said back in December:

“The bottom line is this:  Damages compensate victims who have suffered because of someone else’s negligence, but they also force the system to be careful.  Doctors are more careful because they don’t want to get sued.  I think that’s a good thing.  Careful doctors are better doctors.  Our medical system has become better because of medical malpractice law, not in spite of it.”

Kudos to the Illinois Supreme Court for a sound decision.  Here’s hoping other states follow their lead.

Potential power steering problems with some of its vehicles have led General Motors (GM) to announce today that it will recall 1.3 million cars in North America, including its popular Chevrolet Cobalt, reports The Wall Street Journal (subscription required).

The voluntary recall involves the 2005-2010 Chevrolet Cobalt; 2007-2010 Pontiac G5; 2005-2006 Pontiac Pursuit sold in Canada, and the 2005-2006 Pontiac G4 sold in Mexico, according to GM.

In January, the National Highway Traffic Safety Administration began an investigation into safety concerns with approximately 905,000 Chevy Cobalts after receiving more than 1,000 complaints of loss of power steering assist and reports of 14 crashes and one injury.

GM says the vehicles being recalled are still safe to drive. “After our in-depth investigation, we found that this is a condition that takes time to develop. It tends to occur in older models out of warranty,” said Jamie Hresko, GM Vice President of Quality, in a statement. “While greater steering effort under 15 mph may be required, if the customer experiences loss of power steering assist, it is important to note that the vehicle can still be safely controlled because the customer can still steer the vehicle.”

GM said both a chime will sound and a ‘Power Steering’ message will be displayed when the issue occurs.

GM’s recall comes as automakers face heightened scrutiny in the wake of the Toyota recall of more than 8 million vehicles worldwide for safety defects in accelerator and brake systems.

As someone who’s been involved in numerous lawsuits related to product liability, I can tell you I have seen it all.  But the Toyota recall is about as close to a perfect storm as it gets.  Case in point: Congress is now holding hearings on the matter.

In true lawyerly fashion, let’s review the facts:

•    Start with a company that has built its brand on quality.

•    Add in the largest recall in the company’s history and one of the ten largest of all time, totaling more than 8 million vehicles, 6 million in the U.S.

•    The recalls relate to everything from faulty gas pedals to brakes, all absolutely critical to safety.

•    According to the National Highway Transportation Safety Administration (NHTSA), 34 deaths allegedly were caused by gas pedal problems.

•    Toyota has allegedly been aware of the potential for problems with accelerators as early as 1999, and the NHTSA had been investigating the issue dating back to that period.

So, if I may paraphrase, it sure seems as if Toyota had some serious problems with its product that could potentially be dangerous, and the company chose to be in denial about it.

Now, once the company issued a recall, how it handled the matter was also a case study in what not to do.

•    To begin with there is evidence that Toyota was basically forced into the January 21 recall by the NHTSA.

•    Toyota CEO Akio Toyoda waited almost two weeks to comment on the recall before apologizing and calling the situation a “crisis”.

• Then, U.S. Secretary of Transportation Ray LaHood tells Toyota drivers not to drive their cars, only to later say he “misspoke”.

•    Toyoda says he won’t testify before a Congressional Committee; in the face of a threatened subpoena, he agrees to testify this week.

This brings us to the consequences of all of this mismanagement and lack of candor and transparency.

•    An estimated 44 class-action lawsuits have been filed under state and federal law by the end of last week.

•    Claims could reach $3.6 billion, based on an average loss of $600 per vehicle.

•    There are dozens of other individual lawsuits alleging that Toyota knew of the risk and did not act swiftly enough to correct the problem. Experts say these cases could cost Toyota billions in settlements.

•    At least one wrongful death lawsuit has been filed for $100 million related to the death of a Texas couple.

Toyota had serious problems with some of its product.  Instead of acknowledging the problems early on and taking the appropriate steps, the company chose a strategy that combined benign neglect with the finger-crossed hope that it could sweep things under the rug.  It is a strategy that too many businesses employ when product defects are in question.

The result: numerous lawsuits that will likely cost the company billions of dollars and damage its brand well into the future.

More importantly, what Toyota did was wrong.  It put people at risk to save a buck.  The company valued its reputation and revenue over the safety of customers.

If you’re one of those customers, you can find more information about the recall at Toyota’s website.

GlaxoSmithKline’s diabetes drug Avandia is in the spotlight again.

Confidential government reports say the medication can harm the heart and increase the possibility of heart attacks and heart failure in users, according to a recent New York Times (NYT) article. The Food and Drug Administration (FDA) reports say the drug should be removed from the market, writes the Times.

A Senate report quoted by the Times and released over the weekend says that GlaxoSmithKline (GSK) was aware of  possible cardiac risks associated with Avandia for years before such evidence became public.

The Senate report is the result of a two-year inquiry conducted by Sen. Max Baucus, chairman of the Senate Finance Committee, and Sen. Chuck Grassley, the committee’s ranking Republican. The two senators also asked the FDA to describe the steps it has taken to protect patients in an ongoing Avandia clinical trial since the agency has estimated that the drug caused approximately 83,000 excess heart attacks between 1999 and 2007, according a Senate press release.

GSK issued statements rejecting the conclusions of both the Senate and NYT reports and saying the drug is safe.

Avandia (generic name rosiglitazone) is prescribed to treat Type 2 diabetes. In 2007, the New England Journal of Medicine published a study warning of the possible cardiovascular risk of Avandia. Following the study, the FDA issued a warning about Avandia and GSK relabeled the diabetes medicine to flag the risk of heart failure. However, the FDA has allowed the drug to remain on the market.

As always, do not change medications without first consulting your doctor.

Thank you to those who have reached out to Sokolove Law in regards to the advertisements that we run on The Glenn Beck Program.  Some of you have questioned our choice of venue. We would like to take this opportunity to explain how we place our ads and why certain shows may be selected in comparison to others.

Sokolove Law runs its messaging across all sorts of mediums and programs. On network radio, our core audience listens to a lot of talk radio, so that is where we focus as well.  We neither support nor condemn the ideologies or the agendas of those broadcasters.  We understand and respect the fact that the constituency that we are trying to serve has diverse viewpoints and disparate tastes in entertainment.  We are simply trying to be as effective and efficient as possible in getting our message out to those folks.

At Sokolove Law, our mission is to make sure that everyone has access to justice.

The maker of Poligrip today announced it will stop using zinc in three of its popular denture creams due to potential health risks associated with the ingredient, reports The New York Times.  GlaxoSmithKline will stop making and selling its Super Poligrip Original, Ultra Fresh and Extra Care products while it develops a zinc-free reformulation, according to the story.

In a statement, Glaxo calls the move voluntary and says the products are safe to use as directed. However, the company says it is taking the action “because we have become aware of potential health problems associated with the long-term excessive use of our zinc-containing denture adhesive products.”

Chronic and excessive use of denture adhesive creams have been linked by researchers to a condition called hyperzincuria, or zinc poisoning, which can lead to more serious and permanently disabling injuries including copper depletion (hypocupremia), nerve damage and even death.

The Times writes that Glaxo faces a number of lawsuits alleging nerve damage and other injuries from “high levels of zinc intake from the products.”

Toyota’s woes continue to mount.

Federal regulators are expected to announce a preliminary investigation today into reports of possible steering problems with the automaker’s popular Corolla model, according to an Associated Press report. The AP writes that the investigation could involve around 500,000 vehicles. Toyota says it is looking into fewer than 100 complaints about the car’s power steering. The company so far has not issued a Corolla recall.

The government probe comes just before a congressional hearing next week into the recent recalls by Toyota, says AP. The company has recalled more than 8 million cars since last November for sticky accelerators, problems with gas pedals and floor mats, and braking issues.

Just over a year ago, President Barack Obama signed his first major piece of legislation. The Lilly Ledbetter Fair Pay Act  overturned a controversial 2007 Supreme Court case, and made it easier for women who faced wage discrimination to sue their employers.

Here is what I said about Lilly Ledbetter at the time.

Basically, the Ledbetter Act revised the statute of limitations (SOL) for filing discrimination claims with the Equal Employment Opportunity Commission (EEOC), so that each discriminatory paycheck essentially restarted the SOL clock for plaintiffs.

According to a recent article over at Law 360, here’s what that means for working women: 

“People challenging a wide variety of practices that resulted in discriminatory compensation are benefiting from the act’s passage,” EEOC said. “These practices include determining base pay or wages, deciding job classifications, denying career ladder or other noncompetitive promotions, denying tenure, and failing to respond to requests for raises.”

All told, during the past year, EEOC received more than 68,000 complaints of workplace discrimination, including 4,800 charges of wage discrimination, 1,900 of which were filed by women alleging sex discrimination in compensation.  Some of those women, depending on when they filed, may not have gotten their day in court if not for the Lilly Ledbetter Act.

The bottom line is this:  The Ledbetter Act is the latest part of a federal regime that prohibits employers from discriminating against employees based on gender.  We can expect to see more and more claims filed under its provisions.

If you or someone you know has been the victim of workplace discrimination, you should know your legal rights.