Recently in Drug Litigation Category

July 13, 2013

What causes acute liver failure? Tylenol!

Tylenol Liver Injuries

Did you know that acetaminophen, the main ingredient in Tylenol and other over the counter medications, can cause serious liver injuries and death? Tylenol.jpegAcetaminophen poisoning is the reason for more calls to poison control centers than any other drug; and over 40% of the cases of acute liver failure in the USA result from acetominophen poisoning. Our research indicates that there are approximately 450 deaths per year in the USA as a result of acetominophen poisoning.

The problem is that the recommended dose of Tylenol is extremely close to the toxic dose. In other words, there is no fudge factor, and if a consumer takes the recommended dose of Tylenol and then takes another product with acetaminophen, then they will have unknowingly taken a toxic dose and be at high risk for acute liver failure. If a consumer takes a prescription dose of acetominophen and then also takes a Tylenol pill, they could put themselves at serious risk of acute liver failure and death.

Millions of people take Tylenol every day. But most of those people don't know that acetaminophen is the leading cause of acute liver failure in the United States. Tylenol is marketed to the public as a safe over the counter drug. Its manufacturers have not provided adequate warnings to the public about its potential dangers.

If you or someone you love has been hospitalized with sudden liver failure, required a liver transplant or died from taking Tylenol or any other drug containing acetaminophen, please call us for a free consultation to discuss your legal rights. The phone call is free and you will never get a bill from us. We only get paid if we obtain compensation for you.

Common over-the-counter medications that contain acetaminophen include:

• Most types of Tylenol
• Alka-Seltzer Cold or Plus
• Allerest
• Anacin
• Bayer Select
• Benadryl Allergy or Cold
• Dimetapp Cold
• Excedrin
• Midol
• NyQuil and DayQuil
• Robitussin
• Sudafed Cold or Sinus
• Theraflu Cold or Sinus

Symptoms from taking a toxic amount of acetaminophen or Tylenol can include nausea, vomiting, abdominal pain, confusion, rash, hives, and difficulty breathing or swallowing. If you experience any of these symptoms after taking Tylenol then you should go to the emergency room immediately.

Tylenol Liver Damage Lawsuits

For years the maker of Tylenol has told consumers that Tylenol is the "safest" pain reliever on the market and is the "most recommended" pain reliever by doctors and hospitals. Yet it has been known for some time that acetaminophen can cause liver damage and liver failure.

Because Tylenol is marketed to consumers as a safe medication without adequate warnings and the high number of serious liver injuries from Tylenol, our lawyers are investigating, and filing lawsuits against the makers of Tylenol on behalf of individuals who suffer liver damage after taking Tylenol.

If you or a loved one has been hospitalized, need a liver transplant, or died after taking Tylenol or another drug containing acetaminophen, contact our lawyers today at 888-213-8140. There are time limits on claims, so act quickly - the call is free.

The Food and Drug Administration has even acknowledged the problem and stated that "In some individuals, taking just a small amount more than the recommended total daily dose of acetaminophen (4 grams per day) may lead to liver injury," but has not done an adequate job of informing the public. See 2009 report Acetominophen Overdose and Liver Injury"

January 13, 2013

Mr. Yuck and Energy Drinks---Poison Control Centers Report 3,147 Energy Drink Exposures in 2012

Remember Mr. Yuck? Well, Poison Control Centers are now tracking reports of calls related to energy drink exposures, and the 2012 data is disturbing.

MrYuck.jpg

Poison Control Centers in the USA apparently received 3,147 reports of exposures to energy drinks, and that well over half of those reports were for children 18 and younger. This data was compiled by the National Poison Data System which is the only comprehensive poisoning exposure surveillance database in the USA. This data, coupled with the numerous adverse event reports that the Food and Drug Administration has received related to energy drinks is convincing! Energy Drinks are dangerous and can cause serious injuries or death for certain individuals---In particular, anyone with an underlying heart condition should not drink any energy drinks at all.

Poison Control Centers throughout the United States are telling people to use caution and common sense when consuming Energy Drinks and related products. The American Association of Poison Control Centers Website Reports that

"The American Academy of Pediatrics has concluded that "caffeine and other stimulant substances contained in energy drinks have no place in the diets of children and adolescents."

If you are concerned that you are having an adverse reaction after consuming an energy drink such as Monster Energy Drink, Red Bull, Rock Star or 5 Hour Energy, then you should seek medical attention immediately. The Poison Control Center's cautionary alert on energy drinks indicates that drinking too many energy drinks or drinking them too fast can cause increased heart rate, altered heart rhythm, chest pain, dehydration, seizures, kidney problems, increased blood pressure, mood changes and other symptoms. You can also report the Energy Drink Injury Incident to the Poison Control Center by calling 1-800-222-1222.

If you want to learn more about the dangers of energy drinks, visit the Goldberg, Finnegan & Mester, LLC Website at www.gfmjustice.com.

November 1, 2012

Attention Gymrats---Some Dietary Supplements Can Be Dangerous!

Dietary Supplements such as Jacked (aka Jack3d) and OxyElite Pro can be dangerous because they contain DMAA (dimethylamylamine). The Food and Drug Administration has received 42 adverse event reports on products containing DMAA, products containing DMAA have been banned from US Army bases, and Canada has banned DMAA products. Gym.jpg Yet products containing DMAA are still apparently available at stores in the USA. Therefore, we are warning our friends, family and clients not to use any dietary supplements containing DMAA.

The FDA is currently investigating the safety of DMAA (dimethylamylamine). There are concerns that DMAA products may be linked to liver failure, heart attacks, loss of consciousness, rapid heartbeat and even death. The products containing DMAA are generally marketed as "dietary supplements" and are therefore not regulated or pre-approved by the FDA.

In April 2012 the FDA issued warning letters to 10 manufacturers and distributors of products containing DMAA (sample warning letter). The FDA position is that before products containing DMAA are marketed to the public, the companies that make the products must provide evidence of safety to the FDA which they apparently had not done. Unfortunately, Federal Law is a bit murky in this area and it gives the makers of OxyELITE and Jack3d and other supplements wiggle room. The applicable law is the Dietary Supplement Health and Education Act of 1994 (DSHEA). The FDA position is that synthetically produced DMAA is not a "dietary ingredient." and therefore the manufacturers/marketers must establish that it is safe. Some of the products referenced in the FDA DMAA warning letters are: Biorhythm SSIN Juice, Lean Efx, SPirodex, PWR, Napalm, Code Red, Hemo Rage Black, Lipo-6, MethylHex 4, Nitric Blast, Oxy Elite Pro, and Jack3D.DMAA Products.jpg

In an Article on WebMD, Pieter Cohen, MD, an internist and Harvard Medical School Professor, says "It is more potent than ephedra, and ephedra is already removed from the market......At best DMAA is a waste of money and at worst it can damage your health."

The bottom line is that weightlifters, gym rats, and athletes should not use products containing DMAA. If you or anyone you know is injured as a result of using a dietary supplement please contact us at (301) 589-2999. We are investigating product liability, negligence and wrongful death claims resulting from the use of dietary supplements containing DMAA.

October 9, 2012

Meningitis Outbreak in Maryland-8 confirmed cases and two deaths

The lawyers at Goldberg, Finnegan & Mester are offering a free telephone consultation to anyone who has been diagnosed with fungal meningitis; or anyone concerned that they may have been infected. Needle.jpgThere are currently 119 cases and 11 deaths that have resulted from an outbreak caused by a drug compounding company. At least 32 of these cases of diagnosed fungal meningitis were in Maryland and Virginia.

FREE MENINGITIS CONSULTATION 888-213-8140

The individuals who have been diagnosed with fungal meningitis received epidural injections into their spine to treat back pain. These injections are often given by medical doctors and/or pain management specialists in an outpatient setting. The tainted injections were given starting May 21, 2012. Symptoms of fungal meningitis often do not appear for quite some time after the initial contact. Symptoms include headaches, dizziness, fever and neck stiffness.

We are especially concerned about our current and past clients because many of them have back injuries from car accidents and receive epidural steroid injections as part of their treatment regiment. The Center for Disease Control is recommending that

"Clinicians should actively contact patients who have received medicines associated with three lots of preservative-free methylprednisolone acetate (80mg/ml) recalled on September 26." 2012.

The Center for Disease Control Website has an up to date map showing the number of confirmed diagnoses of meningitis in each state. While Maryland has just 8 confirmed fungal meningitis cases so far, the number is expected to rise, and there have already been two deaths in Maryland. Tennessee has 39 confirmed cases and 6 deaths.

October 4, 2012

Fungal Meningitis Outbreak in Maryland and Surrounding States

The CDC has reported a fungal meningitis outbreak, and has linked the problem to epidural steroid injections used to treat back pain. Needle.jpg35 cases have been reported with cases in Maryland, Virginia, NC, TN and Florida. Victims who have contracted the meningitis have died and others are seriously injured. If you or a loved one have received injections for back pain and have odd symptoms such as headaches, dizziness or difficulty walking you should contact your doctor right away.

We have learned that New England Compounding Center in Framingham Mass apparently voluntarily recalled three lots of 80 mg injections of methylprednisolone acetate (PF).

You may wonder, what is meningitis? Meningitis is a medical condition when the spine becomes inflamed due to bacteria and/or viruses. The fungal meningitis that is the subject of this particular outbreak is not believed to be contagious from person to person. That said, however, the fungal meningitis condition is difficult to treat. It is often found in those with compromised immune systems such as cancer patients and individuals who are HIV positive.

NBC News has reported that 35 people have been diagnosed in this outbreak and 5 of them have died.

Goldberg Finnegan & Mester is evaluating product liability cases relating to this fungal meningitis outbreak in Maryland, Virginia and Washington, D.C. Call us at 301-589-2999 x102.

April 22, 2012

Yaz Settlements For Over $110 Million Dollars

If you or someone you know took the birth control pill Yaz, Yasmin or Oscella and suffered a blood clot, pulmonary embolism, stroke, heart attack or other serious injury, then you should contact us to discuss your legal rights at 888-213-8140. Bayer Pharmaceutical recently announced that it was settling a group of about 500 cases involving blood clots for $110 Million Dollars. This settlement was announced just as the FDA ordered Bayer to strengthen the warning about blood clots on its birth control pills. Bayer's contraceptives, Yaz/Yasmin/Oscella generated over $1.5 Billion in revenue in 2010. There are currently thousands of lawsuits filed in Federal Court in Illinois alleging that Yasmin caused blood clotting, heart attacks and other serious injuries to young women. The Food and Drug Administration has also indicated that at least 50 deaths are tied to Yaz/Yasmin/Oscella from just 2004-2008.

April 22, 2012

Pradaxa Gastrointestinal Bleeding Lawsuits

If you or someone that you care about has suffered a gastrointestinal bleed after taking Pradaxa call us at 888-213-8140. Pradaxa is often prescribed by cardiologists to treat Atrial Fibrillation. It was just approved by the FDA in October 2010. While Pradaxa has some benefits over Coumadin (also called Warfarin), there is evidence that it causes gastrointestinal bleeding at a higher rate--and GI bleeds can be fatal. If you are taking Pradaxa and have gastrointestinal problems--even stomach pains, you should call your doctor immediatley to discuss your concerns. While all anticoagulaents are known to cause bleeding, GI bleeds caused by Pradaxa cannot be treated with a Vitamin K Antidote as bleeds caused by Warfarin are treated. The safety and efficacy of Pradaxa was evaluted in a study called the RE-LY Study. This Pradaxa study invovled 18,000 patients followed for a median of two years and given 150 mg 2x daily of Pradaxa. This dosage was shown to be associated with lower rates of stroke and systemic embolism and a lower incidnece of intracranial hemhorrage. while these are significant advantages over Warfarin, unfortunately PRadaxa was associated with an increased rate of gastro intestinal bleeding. Pradaxa also has a significantly higher rate of adverse events involving GI events (e.g. dyspepsia and gastritis). While these adverse events may not seem like a big deal in and of themselves, the problem is that individuals with these gastrointestinal events are then 3-4 times more likely to develop gastrointestinal bleeding which is a life threatening condition that is difficult to treat. Particular care should be given in prescribing Pradaxa to older patinets, and patients with renal insufficiency. The Pradaxa label was recently changed in January 2012 to tell patients to contact their doctor if htey have GI side effects, but the patient instructions as of 2012 do not. Rather the patient instructions tell patients only to contact their doctor if the side effects bother them or do not go away. We are concerned that the dangers of PRadaxa are understated. Again, if you or someone you love suffers and injury after taking Pradaxa we would like to speak to you. Call us at 888-213-8140.

March 18, 2012

Pradaxa May Cause Bleeding in Elderly Patients

Pradaxa is a blood thinning medication prescribed and marketed to patients with a heart condition called non-valvular atrial fibrillation--it is used to reduce the risk of strokes, blood clots and systemic embloisms. Pradaxa is similar to a drug called Coumadin (aka Warfarin) which has been on the market for several decades. The FDA is currently investigating reports of severe bleeding events in patients taking Pradaxa. In fact the FDA Website indicates that it is evaluating post marketing reports of serious bleeding events in patients taking Pradaxa. The FDA website says that the:

FDA is working to determine whether the reprots of cleeding in patients taking Pradaxa are occurring more commonly than would be expected, based on observations in the large clinical trial that supported the approval of Pradaxa.

You can read the entire FDA Safety Review of post-market reports of serious bleeding events with the anticoagulant Pradaxa (dabigatran etexilate mesylate) by clicking here.

Pradaxa is being aggressively marketed to doctors and physicans are likely being urged to prescribe Pradaxa instead of Coumadin because, apparently Pradaxa does not require the on-going blood tests/lab monitoring required by Coumadin patients. However, the risks of Coumadin are already well-known and well studied. The risks of Pradaxa seem to be unknown at this time, and the drug has not been on the market for long enough to know the exact level of risk. There is concern from the on-going clinical trials that the risk of bleeding events in older elderly patients may be higher for those taking Pradaxa compared with Coumadin. Despite this, since Pradaxa's approval in October 2010 about 1.1 million Pradaxa prescriptions have been dispensed to about 371,000. patients. It should also be noted that there is an antidote to overcoagulation by Coumadin/Warfarin (vitamin K), yet there is apparently no known well-studied antidote to bleeds caused by Pradaxa.

If you or someone you love has suffered an injury, bleeding event, or death after taking Pradaxa contact Goldberg, Finnegan & Mester, LLC at 888-213-8140.

January 28, 2012

Consumer Warning---Caffeinated Energy Drinks Can Kill You!

Anais Fournier.jpgAnais Fournier, from Hagerstown, Maryland died on December 23, 2011 of a cardiac arrhythmia due to caffeine toxicity after consuming monster energy drinks. She was a beautifull, caring and smart 14 year old girl. After meeting Anais' mother Wendy Crossland this week, I spent the better part of the past 2 days learning about the dangers of Caffeinated Energy Drinks such as Red Bull, Monster Energy Drink and Full Throttle. What I learned is scary. These drinks are completely unregulated, and are marketed aggressively to children and teenagers. For those of you with a short attention span----here is what you absolutely need to know (and the caffeinated energy drink manufacturers will not tell you this)----If you (or your children) have an underlying heart condition of any kind--even a minor one--THEN DO NOT CONSUME THESE DRINKS.

Anais's mother is taking action. She is circulating an a petition asking Congress and FDA to regulate the caffeinated energy drink industry and to ban the sale of such drinks to minors.

The caffeinated energy drink market in the United States was estimated at $5.4 Billion in 2006 and it probably is close to $7-$9 Billion today. The main stimulant in these drinks is caffeine, but they also have other substances such as Taurine, riboflavin, guarana and other derivatives. It has been reported that the caffeine content ranges from about 50 milligrams per serving to 505 milligrams per serving.

These dangerous caffeinated energy drinks have been removed from the market in some Eurpoean Countries such as France, but here in the USA they remain on the market, are marketed to our kids, and are not regulated by the FDA. The reason these energy drinks are unregulated goes back to 1980 when the FDA tried to regulate the caffeine content in soda and colas. Soft drink manufacturers (and their lobbyisists) somehow convinced the FDA that caffeine was a flavor enhancer in soda, and that it was not used a "psychoactive ingredient." The FDA does not regulate sodas but limits the caffeine content in soda to .02% (71 milligrams per 12 ounce drink). Almost all of the Energy Drinks that have come onto the market in the last 10 years exceed hte .02% limit set for the cola industry. These new manufacturers of caffeinated energy drinks claim that they are not subject to the .02% limit because they claim their products fall under the 2004 Dietary SUpplement HEalth and Education Act. The bottom line is that the FDA has not enforced the .02% limit against Monster Energy Drink and other caffeinated beverage manufacturers and---shockingly---DOES NOT REQUIRE ANY WARNING LABELS. An example of how ridiculous the inconsistency is and the absurd result this has lead to is that Over the Counter stimulants such as No Doz with just 100 mg of caffeine per tablet are required to give consumers extensive warnings yet energy drink manufacturers who market 500 mg caffeinated energy drinks to kids do not have to give warnings and do not have to disclose the amount of caffeine in their product.

The Scientific Community is finally conducting studies on the dangers of these drinks. Once such study called "Caffeinated Energy Drinks--A Growing Problem"

Goldberg, Finnegan & Mester, LLC is investigating claims and lawsuits against the manufacturers of these caffeinated energy drinks such as Monster and Red Bull in circumstances where they cause injuries. We believe that the corporate manufacturers are negligently marketing these energy drinks to children and adults and are not providing proper warnings on thse products of known dangers. For more information call us at 888-213-8140.

August 31, 2011

$22.8 Million Dollar Verdict for Rockville Biotech Company

$22.8 Million dollar default judgment was awarded to Cytimmune Sciences ---a Rockville Maryland company. The judgment came out of the United States District Court for Maryland in Greenbelt and the judge was Roger W. Titus. The Complaint was against Fischer Investment Group Holding AG about the failure to gain access to capital in European markets. The defendants did not respond tot he Maryland lawsuit, and therefore a default judgment was entered on July 8, 2011. It is unclear how CytImmune will go about collecting the judgment. Lookout Fischer Investment Group Holding AG----CytImmune is coming after ya!

July 25, 2011

Prescription Drug Shortages Here In The USA----Are You Kidding Me?

A friend of mine is currently undergoing chemotherapy treatment for cancer. He is an incredible person, strong as an ox physically, and I am 100% confident he will pull through. He also has some of the very best doctors treating him. My friend is a Montgomery County, Maryland School teacher and also is the coach of the Scotland Stars Basketball Team that Goldberg Finnegan & Mester sponsors.

I was shocked to learn that despite his doctors best efforts, they will not be able to get his final dose of Bleomycin (chemotherapy agent) because there is a nationwide shortage of this drug. You see, the drug is no longer on patent and it is now manufactured by a generic drug maker--I believe Tevis Pharmaceuticals. Drug companies may choose not to continue to manufacture certain prescription drugs that have a relatively low profit margin, and instead focus their manufacturing resources on drugs that have a higher profit margin. This is another example of how greed and money are what drives the decision making process within pharmaceutical industry.

I have been thinking about whether drug companies that stop making a drug that saves lives and that people need are legally obligated to continue to produce the drug. Honestly, I don't think pharmaceutical companies necessarily have a legal duty to continue to manufacture a life saving drug if they don't want to. In other words, I do not think that a consumer who wants a life saving cancer curing chemotherapy drug can sue the manufacturer under general negligence and/or product liability laws because the manufacturer does not necessarily have a direct duty to consumers in general. That said, the pharmaceutical companiesmay have a legal duty to inform consumers and doctors of upcoming forseeable drug shortages--especially to patients who already have started therapy with a particular drug. The pharmaceutical industry certainly has a moral and ethical obligation to continue to produce life saving drugs, even if it does not make Big Pharma money in the short term. It is simply the right thing to do.

Unfortunately, big pharmaceutical companies don't have a heart. Moral and ethical duties do not resonate with most corporations. Since there does not seem to be a legal duty for the drug companies to do the right thing, we need legislation to protect patients such as my friend. This is an area where our government---The FDA--and perhaps State Regulatory agencies should step in. These regulatory agencies should be able to issue orders requiring the continued manufacture of much needed cancer curing drugs. Also, the FDA should require drug companies to issue notices to the medical and patient community of upcoming shortages and be forced to state the reason for the shortage.

Prescription drug shortages are a serious problem and it does not only affect cancer drugs. Drug shortages also occur with antibiotics, heart medication, blood pressure medication (Dyazide and Maxide) and even ADHD drugs such as Adderall. In 2010 there were 211 reported shortages. So far in 2011 there have already been about 196 known shortages. This is not a good trend. Currently, the Food and Drug Administration does not have the legal authority to require drug companies to report shortages or reasons for shortages. There is some information available on the FDA Website Drug Shortages FDA.pdf-- but the Website clearly states:

"The informaiton provided in this section is provided voluntarily by manufacturers. FDA cannot require firms to report the reason for shortage or duration of the shortage or any other information about shortages."

Without accurate information from the pharmaceutical industry about why there are shortages and when these shortages will occur, it is impossible for doctors and patinets suffering from cancer to make appropriate medical decisions. Patients and doctors are encouraged to report known drug shortages by email at drugshortages@fda.hhs.gov

I was shocked to learn that drug shortages could occur with life saving drugs such as Blyomycin. The good news is that there is currently legislation making its way through Congress that may solve the problem. The text of The Preserving Access to Life-Saving Medications Act of 2011 (H.R. 2245) can be found here.HR 2245 Preserving Access.pdfBleomycin.jpg The proposed law requires drug manufacturers to report planned discontinuances of at least 6 months in advance of the discontinuance or as soon as they become aware of the discontinuance. If drug manufacturers knowingly fails to provide this information they are subject to a fine of $10,000.00 per day up to $1,800,000.00. The law also requires the GAO to conduct a study to analyze the law's impact on the FDA ability to prevent prescription drug shortages.The law does contain a few loopholes that allow for drug companies to reduce the 6 month notice period

My analysis of this proposed law is that it is a good first step in the right direction, but it does not quite go far enough. Most likely the law was watered down by lobbyists for the pharmaceutical industry. Ideally the law should require the drug company to certify the reason for the shortage and/or discontinuance of the drug. The law does not seem to require such information but ironically, it requires that the FDA examine the causes of drug shortages. Wouldn't it make sense to have the manufacturers provide the FDA with the critical information needed to conduct this study/examination???

I am also concerned that the proposed legislation gives too much Rule Making Authority to the Secretary of Health and Human Services--thus allowing lobbyists for the drug companies to continue to weigh in on how the law is implemented and enforced. Hopefully, as soon as Congress resolves the debt crisis T"he Preserving Access to Life-Saving Medications Act of 2011" will be passed with an added provision that requires the reason for the shortages. In the meantime, we recommend that consumers do the following:

1. Call your U.S. Representatives and Senators and urge them to pass the The Preserving Access to Life-Saving Medications Act of 2011.

2. If you have prescription medications, don't wait until you are totally out to refill the prescription. Get an earlier refill so that if you run into an issue with the drug being out of production you have time to speak to your doctor about a reasonable alternative.

3. Consider asking your pharmacist if they are aware of any problems getting adequate supplies of the prescription drugs you rely on.

4. If you are diagnosed with cancer, be sure to ask your doctor about whether supply issues may impact the proposed treatment plan. Do your own research on the Internet and the FDA Website. Ask questions!

Kevin I. Goldberg
Goldberg, Finnegan & Mester, LLC
(888) 213-8140 x102

March 28, 2011

Heart Defect Birth Injuries May Be Caused by Paxil

Did you know that the use of the antidepressant Paxil during the first trimester of pregnancy has been associated with birth injuries including heart malformations in infants?

The anti-depressant Paxil was first put on the market in 1992 and the public was basically told that the anti depressant did not have any known links to birth defects. About 13 years later Glaxo Smith Kline--the manufacturer of Paxil--notified doctors that in fact there was a potential link between the use of Paxil during pregnancy and certain birth defects--heart defects in particular. Glaxo's study showed an increased chance of congenital malformations associated with first trimester Paxil use. In September 2005 the FDA issued a stronger statement that Paxil may be associated with birth defects and the FDA again strengthened its warning in December 2005 with a Public Health Advisory. On December 8, 2005 the FDA advised the public that exposure to paroxetine (active ingredient in Paxil) in the first 3 months of pregnancy could inrease the risk for congenital malformations, birth defects and particularly heart malformations and cardiac malformations. Parents of children with heart irregulaities and malformations appreciated this new information and warning because this new information finally provided a possible explanation for their children's condition.

The first Paxil birth defect trial was the case of Lyam Kilker whose mom used Paxil during her pregnancy. He was born in October 2005 with an atrial septal defect, a ventricular septal defect, and an interrupted aortic arch just 1 month after the FDA cautioned consumers about the risk of using pregnancy and that Paxil can cause birth defects. The case resulted in a plaintiff's verdict of $2.9 Million dollars in October 2009. In my opinion Glaxo Smith Kline got off easy on this case since the jury somehow found that no punitive damages should be awarded. Although not the biggest verdict---this verdict sent a clear message to the drug company that juries around the USA could find against them in these cases.

Some sources have indicated that the average settlement value of a Paxil Birth Injury case is $1.2 Million dollars, and have also indicated that about 800 cases have settled to date for a total of over $1 Billion Dollars paid out for birth injuries caused by Paxil. More recently though, it seems Glaxo Smith Kline's strategy may be shifting away from settling these cases and instead taking them to trial (perhaps because there was a November 2010 trial that resulted in a defense verdict---actually summary judgment for the defendant).

There is other litigation surrounding Paxil. For example, there are lawsuits alleging that the withdrawal symptoms were not properly disclosed, there are lawsuits alleging that Paxil causes an increased risk of suicide and there is also antitrust and fraud litigation regarding Paxil.

If you or someone you care about has a child with a birth injury, you should speak to an attorney about whether a prescription drug taken by the mother during pregnancy such as Paxil or other antidepressants--could have caused the birth injury. The medical malpractice lawyers at Goldberg, Finnegan & Mester are available for a free telephone consultation about Paxil Birth Injuries and Paxil heart defect cases. Our phone number is 888-213-8140.

May 3, 2010

Children's Tylenol And Other Popular Products Recalled

On Saturday the Food and Drug Administration announced that children's Tylenol, Motrin, Zyrtec and Benadryl (a total of 43 liquid products) have been voluntarily recalled by McNeil Healthcare, and advise consumers that these products should not be given to children.

If you have these products in your house you should throw them away.

I know that in my family, we have relied on Children's Tylenol to help our kids sleep when they have a fever and have been sick, and this recall comes as a huge surprise! Those responsible for the safety of these products are not providing very much information about the reason for the recall. They simply are saying vague things like: "some of these products may not meet required quality standards" I suspect that there are children who have been injured as a result of taking these recalled products, but that this information is not being disclosed at this time. Walgreens has apparently already pulled all of the dangerous drugs that were recently recalled from their shelves. If your child is sick you can consider giving your child generic medications (Tylenol's generic is acetaminophen) but be sure to give the child dose of the generic drug and not the adult dose. Also, you should not give your child adult medications . Of course if you have recently given your child any of these recalled products and notice adverse effects, you should call your doctor or 911 right away.

For more information about the recall you can visit the following websites:

If you are concerned that you or a loved one have been harmed by a dangerous drug or medical device, call us at 888-213-8140 or visit our website.

October 30, 2009

Yaz Birth Control Pill

The birth control pill Yaz was approved by the FDA in 2006 and Yasmin was approved in 2001. These drugs are oral contraceptives taken by women as birth control pills to prevent pregnancy. They have also been used to treat premenstrual dysphoric disorder (PMDD) and occasionally as an acne treatment for women. We are investigating claims that Yas and Yasmin causes pulmonary embolism, stroke, heart attacks and other injuries including gall bladder injuries. Yaz is made by Bayer Pharmaceutical Company. There are numerous lawsuits against Bayer, and the cases have been consolidated in a Multi District Litigation in the United States District Court for the Southern District of Illinois. On October 1, 2009 the US Judicial Panel for Multidistrict Litigation issues a transfer order for 24 lawsuits to the Southern District of Illinois and the cases are being heard by U.S. District Court Judge David R. Herndon. The claims in the lawsuits relate to the fact that the Yasmin is a defective product and that Bayer engaged in illegal and misleading advertising relating to Yas and Yasmin. Judge Robert Miller explained in his Yaz Order of 10/1/09 that "We are persuaded that the Southern District of Illinois is an appropriate forum for this docket." If you or a loved one have suffered injury that you believe may have been caused by Yaz, call us at 877-774-3652 or visit our website at www.gfmlawllc.com