Access To Justice

Following orthopedic shoulder surgery, a number of physicians have prescribed anesthetic “pain pumps,” which were marketed by I-Flow, Stryker, and others allegedly for this purpose.  However, that marketing may have been misleading, as the FDA never approved them for patients with orthopedic or intra-articular shoulder surgery and they were not tested for that use.

Plaintiffs in nearly 20 lawsuits, with more expected, will go to court starting in January 2010, alleging that the pain pumps caused debilitating Postarthroscopic Glenohumeral Chondrolysis (PAGCL), a condition that destroys cartilage and often requires full joint replacement.  The American Journal of Sports Medicine published a study in the July 3, 2007 edition of AJSM PreView that demonstrated the link between PAGCL and the use of pain pump catheters in the shoulder joints of arthroscopic surgery patients. Many athletes, and former athletes, are now plaintiffs.  Their pain pumps leaked an anesthetic directly onto cartilage, causing it to decay.

PAGCL can present in a range of symptoms:

• Increased shoulder pain and stiffness
• Loss of cartilage
• Decreased range of motion
• Loss of joint space in the shoulder joint
• Clicking, popping or grinding (Crepitus) in the shoulder
• Loss of strength

If you or a family member has been prescribed a pain pump and encountered these symptoms, we may be able to help.

Patricia Copening careened down US 95 in Nevada and struck two men attempting to change a flat tire, killing one and causing severe injuries to the other. She wasn’t coming from a keg party or neighborhood bar; no bartender helped her get to this point. Rather, she was coming from a local pharmacy at the nearby Wal-Mart, where she’d just seen the pharmacist.

Her victims and their families are now raising questions and tracing accountability back to the pharmacy. Copening was considered a potential prescription drug abuser, which state officials had documented and reported to 14 pharmacies in the Las Vegas area after she purchased nearly 4,500 doses of prescription pain killers in one year. Nevada pharmacies have been reporting prescription drug use to the state and receiving advisories about potential drug abuse since 1997.

Mandated monitoring in more than 30 states comes in response to the sharp rise in prescription drug use—and abuse—over the past 20 years. At the same time, electronic health records, networked pharmacy computer systems, and state prescription-tracking databases have become more efficient and ubiquitous, combining to allow medical professionals insight to potentially alarming data.

So what was the responsibility of the pharmacy to act on this information? A trial judge dismissed the case, stating that Wal-Mart wasn’t responsible because while the state reported information, they never told pharmacies what they should do with the information they received.  The Nevada Supreme Court is considering the case now.  In 1994, the Indiana Supreme Court ruled that a pharmacy has a duty to stop dispensing painkillers to a patient refilling the prescription more frequently than “would be appropriate.” Pharmacy chains party to the case, including Wal-Mart, CVS Caremark, and Walgreen, are watching it closely.  Though they’ve long faced liability for actions such as incorrectly filling a prescription, this decision could open them up to broader and more far-reaching responsibility with what happens after their prescriptions leave the store.

In an effort to prevent the drifting of pesticide sprays, the US Environmental Protection Agency has proposed new labeling rules for pesticide manufacturers and distributors.

Pesticide spray drift occurs when the product moves away from its intended target or is improperly applied, and may cause undesirable health effects, as well as environmental harm.

In addition, the EPA will begin to evaluate children’s exposure to pesticide drift. The agency has also begun to determine whether new measures, such as no-spray buffer zones near schools, day-care centers, and parks are needed to protect people, wildlife, and property from potential harm.

The EPA has also announced in October, 2009, that it will test a total of 67 pesticides, including atrazine, an herbicide,  that could potentially be endocrine disruptors.  In humans, the endocrine system is responsible for regulating growth, development, and metabolism.

Ketorolac Tromethamine, an injectable medication used to treat acute pain, has been recalled by its distributor, American Regent, according to the US Food and Drug Administration, because of potential serious medical issues that may arise from its use.

The voluntary recall, due to the potential of harmful particulate matter, expands on a recall from October 16, 2009,  of the same pain medication. The recall now involves 15mg as well as 30 mg vials of the drug.

The potential adverse effects from use of the drug include obstruction of blood vessels, resulting in pulmonary embolism or thrombosis, local irritation at the injection site, and granulomas.

American Regent is the distributor of the drug, and a subsidiary of the manufacturer, Luitpold Pharmaceuticals.

MRI, or magnetic resonance imaging is a powerful technology that can be used to produce incredibly accurate pictures of the inside of the human body.  But according to some researchers, what you don’t see could kill you.

That’s because MRI’s use contrast agents, drugs administered by radiologists that once inside the body, dramatically improve the visibility of the patient’s internal body structure.

It is undeniable that MRI, and the use of contrast agents have dramatically improved doctor’s ability to diagnose all kinds of illnesses from cancer to a broken hip.  But in recent years there have been reports that the contrast agents, thought to be benign may in fact bring some very dangerous side effects.

In May of 2007, a previously undisclosed FDA Report: “Undeniable” Association between Gadolinium-Based Contrast Agents and NSF, found that certain contrast agents containing gadolinium had been linked to a fatal disease called Nephrogenic Systemic Fibrosis (NSF)

The report by the FDA’s Dr. Melanie Blank, a kidney specialist, concluded that an “undeniable and strong association” existed between contrast agents containing gadolinium and NSF.

Nephrogenic Systemic Fibrosis (NSF) is a potentially fatal disease that is characterized by painful swelling and thickening of the skin. There is no known cure or definitive cause for NSF, though it appears to affect only MRI patients who have kidney problems.

This alleged link has caused a lot of headaches for GE maker of a contrast agent know as
Omniscan.  Similar drugs made by Bayer and others have also been tied to NSF.

As you might imagine these cases have caught the eye of regulators.  In May of 2007, the FDA asked manufacturers to include a new boxed warning on the product labeling of all gadolinium-based contrast agents which are used to enhance the quality of magnetic resonance imaging (MRI).  The FDA’s notice is here.

According to Jeff Gerth over at ProPublica:

People with NSF, or relatives of those who have died, have filed more than 400 lawsuits in U.S. federal courts against GE, Bayer and two other makers of similar drugs in the past several years. About 100 cases don’t concern Omniscan. Of the roughly 300 that do involve the GE drug, about 70 percent relate exclusively to Omniscan, according to court records and lawyers on both sides.

If you think you or someone you know is suffering from side effects associated with a contrast agent, or related to your MRI, please contact us, you may be entitled to compensation for your injuries.

The US Food and Drug Administration has announced a worldwide recall of a list of 65 dietary supplements, sold online through bodybuilding.com, that may contain steroids. Some of the products may include ingredients that the FDA classifies as steroids, such as “Superdrol,” “Madol,” “Tren,” “Androstenedione,” and/or “Turinabol.”

While steroids are available by prescription to treat a variety of problems including delayed puberty and some growth abnormalities, they are also subject to abuse. Some athletes use steroids because they feel it helps them to get stronger and faster.  However, abuse of steroids may have possible harmful side-effects, including acute liver injury, male infertility, and increased risk of heart attack, stroke, and death.

Consumers are being urged to stop using any of the products immediately, and to contact their physician if they have experienced any problems while taking the supplements.

Fresh ground beef, tainted with E. Coli bacteria, and sold in grocery stores in a multistate area, is responsible for at least two deaths, according to the Centers for Disease Control. The ground beef products, produced by Fairbanks Farms, of Ashville, NY, have been recalled and are no longer on sale. However, consumers may still have some of the products in their freezers, and are being urged to return the beef for a full refund.

28 people across 12 states have been sickened by the strain of E Coli. Over 500,000 pounds of beef have been recalled and will be destroyed due to this outbreak.

According to the CDC, the beef products were packaged on September 15th and 16th 2009. Packages involved in the recall will have the establishment number “EST 492” in the USDA inspection mark on the package.

Symptoms of E. Coli infection are severe stomach cramps, diarrhea, and nausea and vomiting. In severe cases, blood and kidney problems may occur following the diarrhea. Seniors, people with compromised immune systems, and very young children are the most vulnerable to E. Coli poisoning.

Popular cold medication Zicam may relieve symptoms of the common cold, but it could also cause you to turn up your nose.   Matrixx Initiatives, Inc.  the maker of the popular cold medicine said earlier this week, that the FDA remains concerned that the medication can cause patients to lose their sense of smell.

In June, Matrixx Initiatives Inc. received a warning letter from the FDA indicating that the regulator was taking the position that Zicam could cause anosmia, or the loss of one’s sense of
smell.

Matrixx also said in a recent SEC filing,  that it recently had been hit with a notice identifying several situations in which the company should have filed serious adverse event reports with the FDA’s MedWatch reporting system.  Over the past year, the company has faced a number of consumer lawsuits related to side effects from the cold remedy.

In addition to the consumer fraud and personal injury lawsuits, the company is also facing a lawsuit from investors.  According to Law 360:

The suits, filed in the District of Arizona on Sept. 11 and Sept. 18, accused the officers and directors of violating their fiduciary duties to the company by misrepresenting the safety of Zicam nasal gel products, failing to warn consumers that the use of Zicam could result in anosmia, failing to disclose reports of anosmia to the FDA and otherwise misrepresenting the company’s compliance with FDA regulations.

If you, or someone you know has suffered side effects that are believed to be related to Zicam, or any other medication, you may have legal rights available to you, and could be entitled to compensation.  Click here to find out more about your legal rights.

Most readers probably saw the news last Friday that hedge fund billionaire Raj Rajaratnam was charged by federal prosecutors with insider trading.

According to the The New York Times federal prosecutors have charged Rajaratnam, and six other individuals, of with raking in more than $25 million from illegal trading in companies like Akamai, Google, and Hilton Hotels.

According to Law.com, the case may be the largest hedge fund insider-trading scheme ever uncovered.

In addition to the very serious criminal charges, Rajaratnam and his fellow Wall Streeters may also be liable for civil judgments.

That’s because brokers, financial advisors and insurance agents have a fiduciary obligation to those they serve that forbids them to engage in behavior that places their own interests above those of their clients. Under certain conditions, clients may be entitled to compensation for damages they suffer as the result of an agent’s failure to perform fiduciary duties.

Securities fraud or negligence, for example, occurs when clients are encouraged to invest in high-risk schemes, purchase volatile stock, or participate in financial arrangements that devalue their savings or otherwise cause financial loss. Insurance bad faith occurs when a client loses money as a result of an insurance company’s delay in handling claims, refusal to make a reasonable settlement offer, or unreasonable interpretation of an insurance policy.

Backed by our selective affiliate network, Sokolove Law, LLC has recovered damages for thousands of clients who have suffered financial loss because of securities fraud or insurance bad faith. From initial case signing to active litigation, we work closely with our co-counsel firms to ensure our clients receive the quality legal representation and the fair compensation they so rightly deserve.

If you or someone you know, thinks that they may have lost money because a financial advisor breached their duty, please visit our website to learn more about your legal rights.

Last week, Bloomberg reported that a jury found Exxon Mobil Corp. liable for poisoning New York City’s water supply and ordered the oil giant to pay was ordered to pay $104.7 million in damages.

The jury found that Exxon Mobil, the biggest U.S. oil company, contaminated five wells in Queens with methyl tertiary butyl ether, or MTBE.

The Exxon Mobil case is part of larger litigation with more than 70 lawsuits filed by water providers and state and local governments. The Exxon Mobil case was the first of those to go to trial.
According to Bloomberg:

“Exxon and Mobil, which merged in 1999, began using MTBE in the 1980s to boost octane. Additives such as MTBE are chemical compounds that raise the oxygen content of gasoline to make it burn more cleanly and efficiently. The U.S. Congress amended the Clean Air Act in 1990 to require companies to add an oxygenate to gasoline to reduce air pollution.”

The jury found Exxon liable for product liability for failing to warn about the possible dangers of gas with MTBE. It also found the company liable for trespass, public nuisance and negligence.

The Exxon Mobil verdict is the 13th largest in the U.S. for 2009, according to data compiled by Bloomberg.

It’s a good reminder that toxins can be anywhere, in the air we breathe, or even the water we drink (and often take for granted).  If you or someone you know thinks they’ve been exposed to a toxin check out our website to learn more about your legal rights.