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Posts Tagged ‘Defective Drugs’

Can Crestor Potentially Cause Type 2 Diabetes?

Crestor, Crestor Attorneys, Crestor Lawsuits, Crestor Lawyers, Crestor Side Effects, Crestor Side Effects Attorney, Defective Drugs, diabetes, type 2 diabetes

January 30th, 2012: Law Blogger

Have you ever heard a pharmaceutical company refer to a drug as a “wonder drug?” If you’re anything like us, it makes you wonder what they’re trying to hide, because there has yet been any drug that was a cure for any ailment without it’s almost nearly proportional risks. This is certainly true with AstraZeneca’s “wonder cholesterol drug” Crestor.

Crestor is a member of a category of cholesterol fighting drugs called statins. It’s estimated that about 24 million Americans take statins and that number is growing as the population is seemingly getting unhealthier and the ranks of obese Americans gets larger on a daily basis. However, even the healthiest people can have serious cholesterol problems under the right circumstances with the increased use of transfats in the average American diet.

Statins were initially approved by the Food and Drug Administration (FDA) for reducing high cholesterol levels in order to prevent repeated heart attacks and strokes in at-risk patients. When used for that purpose, the drugs drive down the risk of another heart attack or stroke by lowering levels of LDL (or “bad”) cholesterol.

This is great news for healthier statin patients, however, Crestor patients also who might be at risk for diabetes may find their chances of catching the deadly disease increased.

Diabetes Study and Statins

According to a study conducted by the University of Massachusetts Medical School (UMMS) and released in the journal Archives of Internal Medicine as part of the U.S. government’s Women’s Health Initiative (WHI) there is new evidence of a potential new side effect for some women who take statins, type 2 diabetes.

UMMS researchers examined data from WHI’s ambitious national health study funded by the National Institutes of Health (NIH) in which 161,808 postmenopausal women ages 50 to 79 were followed for 15 years, revealing a daunting amount of data, inspiring the UMMS study.

The UMMS study focused on 153,840 of those women who did not have diabetes at enrollment. After adjusting for confounding factors, statin use at baseline was associated with an eye popping 48% increased risk of diabetes. The association was observed for all types of statin medications, not just Crestor, however, Crestor is one of the most proscribed.

“These findings should have a significant impact on current clinical practice, as statin use has soared in recent years,” Senior author Yunsheng Ma, MD, PhD, associate professor of medicine and an epidemiologist at UMMS said. “With an average of one in four Americans over 45 on these medications, it is imperative that future studies evaluate the risks as well as benefits of statin use among men, women and diverse ethnicities with different risk profiles.”

Doctors don’t know why statins increase diabetes risk but the findings are in line with previous smaller studies.

“We found that this association was true of both low potency and higher potency statins and appeared with shorter term use as well as longer term use,” said Dr. Jo Ann Manson, Brigham and Women’s Hospital.

Specialists emphasize that, since heart disease is one of the major complications of diabetes, no one should stop taking their medication. But the risk is something to consider and patients should consult their doctors, especially if they are concerned about their risk of diabetes or if it runs in their family.

Crestor and Diabetes

Both type 1 and type 2 diabetes patients have pancreatic problems and though they can both be hereditary, type 1 is usually detected at birth or early in the person’s life, where as type 2 can be caused by serious health concerns such as weight. This weight is generally caused by a high fat or high sugar diet that can throw off the gluten (sugar) levels in the blood and can have a serious toll on the pancreas.

Insulin is produced in the pancreas in order to regulate the amount of sugar released into the body by the foods we eat. Type II diabetes is when the pancreas cannot produce enough insulin to get the job done, thus, the pancreas is already malfunctioning, even if it’s functioning normally for a generally healthy individual. By a radical change in diet and exercise, this trend can be reversed. There is thus far no cure for type 1 diabetes.

Perhaps the biggest concern is that Crestor patients are generally already at risk of heart attacks and strokes, two of the main symptoms of weight. By increasing patient’s chances of developing diabetes, they could be further putting the patient at risk due to the fact that the main type 2 diabetes drug approved by the FDA, Actos, has shown to increase the patient’s risk of heart attack and stroke. A vicious circle indeed.

It is up to the patient’s physician to monitor and council their patient as to what pharmaceutical regiment is right for them as well as giving advice regarding diet and exercise. It is the drug company’s job to fully inform the doctor of the risks associated with every drug they sell. However, if a drug or combination of drugs has proven to put the patient on a potentially deadly cycle, then the patient’s only recourse is to seek council from an experienced defective drug attorney that can help them seek compensation for their pain and suffering.

Seattle Crestor Lawyers

If you are a current or recent patient who has been taking Crestor by prescription for any reason and have been diagnosed with type 2 diabetes since taking the drug, then you most likely have a Crestor Lawsuit. This means that you have been injured or your family member was killed by the serious side effects and may be entitled to compensation.

Phillips Webster is currently consulting patients and their families who have been injured by the side effects of Crestor on their legal rights. If you or someone you know has been hospitalized or killed by a Crestor side effect, it is very important that you procure skilled legal council that is experienced in defective drug litigation so that you can get the compensation you deserve. Call Phillips Webster for a free consultation.

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Zoloft Lawsuits Highlight The Danger Of Antidepressant Use During Pregnancy

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January 24th, 2012: Law Blogger

Psychology professionals and people who suffer from chronic, bipolar, or general depression will tell you that the ailment should not bar women from going on with their lives, creating families and doing all of the normal activities that their peers are engaging in. However, this leads to a deeper debate as to whether the mother should remain on her antidepressant regimen.

It was only in the last decade that the public has been informed that the most common antidepressants, serotonin reuptake antidepressants (SSRIs) like Zoloft, cause birth defects. In 2006 the Food and Drug Administration (FDA) sent out a warning and later imposed on Zoloft their most stringent warning, the black box warning, regarding the danger of Zoloft and birth defects.

Birth Control Research

Recently, a research paper was published in the British Medical Journal. It reported that taking paroxetine (Paxil) and sertraline (Zoloft) during the second half of a woman’s pregnancy could more than double the risk that babies will develop persistent pulmonary hypertension of the newborn (PPHN).

PPHN affects about 1 in 1,000 newborns. It has been found that more than double that number of newborns of mothers taking antidepressants in the second half of their pregnancies. It is defined as high blood pressure in the arteries of the lungs, essentially causing the right ventricle of the heart, which is the main provider of oxygenated blood, to work harder, potentially causing heart failure.

This is a serious ailment and in his article Antidepressants and pregnancy: What to do now, famed psychiatrist, Dr. Keith Ablow gave some recommendations for patients on SSRIs:

1) Women considering pregnancy should try to stop or not to start antidepressants. If the patient requires treatment for depression, they should try psychotherapy or transcranial magnetic stimulation (rTMS).

2) Women who find themselves pregnant while already taking antidepressants should talk to should doctor about very slowly stopping them, but only if you can do so safely, without severe symptoms of depression returning.

3) Never stop antidepressants all of a sudden. This can cause serious symptoms that affect the patient and her unborn child.

4) Do not stop antidepressants during pregnancy if the patient has become suicidal while depressed in the past and antidepressants have been necessary to ward off thoughts of suicide.

5) While many obstetricians and many primary care doctors are comfortable treating depression, Dr. Ablow believes it is best to be seen by a psychiatrist if the patient is taking antidepressants and want to have a baby.

Zoloft Birth Defect Lawsuits

Zoloft has been on the market for far longer than 2006 however. It was introduced in 1991 by global pharmaceutical giant Pfizer and has enjoyed billion dollar sales since. These new research revelations and warnings by the FDA findings have inspired many parents of PPHN victims who took Zoloft during pregnancy to review the situation that lead to the injury or death of their child.

A growing number of women have found that Zoloft has potentially played a part in the birth defects found in their children either currently alive or deceased. They have done this through the aid of an experienced attorney like those at Phillips Webster, who are able to research and extract the right documents and evidence from the correct sources. This has lead to a move towards a Multidistrict Litigation (MDL) class action lawsuit.

On January 18, Pfizer filed a motion to consolidate all federal Zoloft birth defect lawsuits. Pfizer requested that they be centralized before one judge for pretrial litigation as part of a multidistrict litigation, or MDL. Currently there are 59 lawsuits alleging Zoloft birth defects involving common claims and questions of fact.

The company, lawyers, and plaintiffs alike prefer the class action system because it expedites and simplifies the process. Pfizer suggested New York because it’s near their headquarters and allows their economic impact on the area to sway the local jury.  The company asked the U.S. Judicial Panel to create a Zoloft MDL in the U.S. District Court for the Southern District of New York. However, the majority of the complaints are in the U.S. District Court for the Eastern District of Pennsylvania, where at least 48 of lawsuits are pending.

The U.S. Judicial Panel on Multidistrict Litigation is expected to hear oral arguments on the motion during a hearing scheduled to occur on May 31, 2012, at the E. Barrett Prettyman U.S. Courthouse in Washington, D.C.

Filing a Zoloft Lawsuit In Washington State

Evidence has not yet presented itself, but there is a suspicion by current plaintiffs that Pfizer may have potentially known about this birth defect issue prior to the FDA warning and chosen not to reveal it to physicians, the FDA, and patients. This sort of revelation could be a major deciding factor in this case.

However, the lawsuits focus mostly on the birth defects, which include:

  • PPHN
  • Heart defects
  • Lung defects
  • Abdominal defects
  • Cranial defects
  • Limb malformations

Just because the majority of the lawsuits are based in Pennsylvania does not mean that it is not potentially a national class action. This means that women effected by Zoloft birth defects in Washington State are still eligible to seek justice and compensation for pain and suffering of both them and their child both alive or deceased.

Washington Zoloft Attorneys

If you have found that you or a loved one has had a child with a birth defect and they were taking Zoloft during pregnancy, they may be entitled to compensation. It is important that you contact legal council that has experience in protecting patients from giant pharmaceutical companies. Call Phillips Webster for a consultation on your legal options.

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What Are Propecia Sexual Side Effect Lawsuits?

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January 16th, 2012: Law Blogger

Going bald is a horrible experience. You can see your hair thin by the day and the evidence is slapping you in the face from your shower drain. This is particularly disconcerting for younger men because, though women like to say they don’t really care about a full head of hair, balding men can tell you that women actually really, really care by the sheer volume of rejection. This has inspired millions of men to take hair loss prevention drugs such as Propecia, however, many have found that there is a potentially permanent sexual side effect that can prove to turn off a woman far more than baldness.

Global pharmaceutical giant Merck first offered Propecia as “Proscar” to men because the active ingredient “finasteride” was found to reduce the size of a man’s prostate, a common occurrence as men get older. It turned out that finasteride had another side effect, it stopped hair and in some cases promoted hair growth. Executives at Merck saw dollar signs.

Merck & Co introduced Propecia on the market in 1997 and has since enjoyed blockbuster billion dollar annual profits from it. Unfortunately, as the drug stayed on the market they began getting complaints about the fact that it caused Erectile Dysfunction in some patients. Some studies have suggested that the effect has a potential to be permanent.

The problem was further worsened by reports that Propecia may potentially also cause male breast cancer, a potentially deadly disease as men are neither encouraged nor trained to search for signs.

This has lead to a class action lawsuit from men around the country, taking Merck to court over their alleged erectile dysfunction, lowered quality of life, and emotional distress, amongst other things.

Propecia Lawsuits

It has been long drawn out process, but Merck has finally agreed that all Propecia lawsuits filed in federal district courts throughout the United States should be heard by one judge for pretrial proceedings. This is called a Multidistrict Litigation (MDL), which is first presented to a U.S. Judicial Panel who decides where the trial will ultimately be held. This is expected to happen at a hearing scheduled for March 29, 2012 in San Diego, California.

The pharmaceutical company’s legal team has suggested that the judicial panel should transfer all cases to the U.S. District Court for the District of New Jersey, where 41 of the 53 lawsuits over Propecia have already been filed.

Many Propecia MDL plaintiffs have proposed that the proceedings be heard in the U.S. District Court for the Eastern District of New York or the Western District of Washington. However, the defense’s attorneys claim that moving the cases to the Eastern either of those venues would be inefficient due to the judge’s lack familiarity with details and issues in a number of other Propecia erectile dysfunction cases.

Issues with Propecia

Propecia has warnings about the sexual side effects issued by the Food and Drug Administration (FDA). They say, “Men reported one or more of the following: less desire for sex; difficulty in achieving an erection; and, a decrease in the amount of semen. Each of these side effects occurred in less than 2% of men.”

However, Propecia studies are showing that the instance of erectile dysfunction may be more prevalent than merely 2% and lawsuits suggest that Merck may have know about it without properly informing the FDA or the public.

Merck has been forced to provide additional warnings to men in certain other countries, indicating that post-marketing reports have shown that some men experience sexual problems that persist.

Filing A Propecia Lawsuit

One of the hardest problems with filing a Propecia lawsuit is admitting that this drug has adversely effected your sex life. A lawsuit can be a distressing in itself, but many men feel as if it’s necessary in order to teach Merck a lesson that they can’t mess with people’s lives for profit.

Many men filing lawsuits have experienced:           

  • Erectile Dysfunction
  • Male Breast Cancer
  • Prostate Cancer
  • Lowered sexual desire
  • Lowered amount of semen
  • Lowered quality of life
  • Anxiety
  • Depression
  • Lack of confidence

By filing a Propecia lawsuit you can receive the compensation you deserve. Depending on your situation, you will either have an individual lawsuit or be added to the MDL already in progress. After a quick interview, the experienced Phillips Webster attorneys will be able to tell you your options and help you seek justice.

Seattle Propecia Lawyers

If you or a loved one are taking Propecia or any other derivative of Finasteride it is important that you contact legal council that has experience in protecting patients from giant pharmaceutical companies. Call Phillips Webster for a consultation on your legal options.

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How Serious Is The Novartis Painkiller Mix Up?

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January 10th, 2012: Law Blogger

Following on the heels of the announcement by the Center For Disease Control (CDC) that poisonings by prescription pain killers known as opioids has now beaten out car accidents for the #4 slot in the top ten of things that kill Americans, Novartis has recall thousands of its over-the-counter (OTC) products that may mistakenly have opioids in them.

That’s right, the Swiss drug maker has been advised by the U.S. Food and Drug Administration (FDA) to issue a nationwide warning to consumers that several of their OTC medications may be mixed up with powerful painkillers. Officials advised consumers to stop using the products following hundreds of complaints about broken or incorrect tablets winding up in pill bottles.

Novartis Recall

Novartis recalled 1,645 lots of OTC drugs.  These drugs may have accidentally been packaged at the Lincoln, Neb., facility with powerful prescription painkillers made at the same facility. The opioid drugs are sold by Endo Pharmaceuticals Holdings Inc., of Chadds Ford, Pa.

Novartis OTC drugs recalled:

  • Excedrin
  • Bufferin
  • NoDoz
  • Gas-X

 Opioids that these packages may contain:

  • Percocet
  • Endocet
  • Opana
  • Zydone

Initially Novartis is recalling only certain bottles of headache medicine Excedrin and caffeine caplets NoDoz with expiration dates of Dec. 20, 2014. The company is also recalling some packages of pain medicine Bufferin and stomach medicine Gas-X with expiration dates of Dec. 20, 2013, or earlier.

Denials and Corporate Positioning

The FDA conducts periodic inspections on drug manufacturing facilities, because some of the worst problems with both prescription and OTC drugs happen at the production and packaging point. During one of these recent inspections, FDA inspectors discovered a manufacturing fault that could allow pills to become stuck in the machinery and carry over to the packaging of other products.

The agency says the investigation is ongoing and would not comment on potential penalties against Endo or Novartis. Though the agency is having Novartis recall their OTC drugs, FDA officals say that the painkillers are not being recalled because they are essential medications for many patients and the risks of stray pills are low. Hoever, regulators are concerned about a possible shortage of Endo’s painkillers due to the shutdown of the Nebraska facility.

“The likelihood of finding a wrong tablet in an opiate pain medication dispensed to patients is low and patients should not be unduly alarmed,” FDA’s Dr. Edward Cox told reporters.

So, even though this recall is probably not going to cost Endo much at all, they still came out with a statement saying that it is “not aware of any confirmed product mix-ups that reached patients or caused any injuries,” regardless of the hundreds of public complaints to the FDA, which, if the company had been doing its due diligence, it would be monitoring. In fact, any complaints or notifications are required to be addressed by the company within a matter of days according to FDA rules.

A spokeswoman for Novartis said late yesterday that only Gas-X is produced on the same manufacturing line as the opioid drugs.

“FDA is working with Endo and Novartis to minimize the degree of impact. The degree of shortage will depend upon how quickly safeguards can be put in place to prevent this manufacturing issue from happening in the future,” the FDA said in a statement on its website.

Check Your Medicine Cabinet

What alerted consumers to a problem was broken and mismatched pills in their OTC bottles and packages. This is scary because they, or their children, might take pills that could potentially kill them. Particularly with OTC drugs that have a very low instance of overdose, thus, people often take beyond the recommended dose for extreme headaches or gas pains.

Look closely at your prescriptions and look for the expiration dates. The FDA recommends customers make sure all the tablets are similar in shape, color, size and marking. If one or more of the tablets look different, patients should return the medicine to their pharmacist.

Consumers should visit www.novartisOTC.com for a full list of recalled products, and they can call Novartis at 1-888-477-2403, Monday through Friday, 9 a.m. to 8 p.m. EST. Patients can also call Endo Pharmaceuticals’ call center at 1-800-462-3636.

How serious is the Novartis painkiller mix up?

Very serious. The FDA goes through steps to assure that OTC drugs are okay for the general public. That means that young people and elderly people, small people and large people, will not be adversely effected for taking the recommended dose as labeled. However, prescription dosage is on a case by case basis, prescribed only by a doctor, in order to treat serious medical ailments. Exspecially in the case of Opioids.

Opioids are so dangerous that Washington state has changed state law to require all pain medications to be scrutinized and overseen by pain medication specialists outside of the patient’s physician. This is to avoid the rash of deaths and addiction associated with these highly volatile medications.

The CDC warning and the changes to Washington State laws should be enough to show that both Novartis and Endo are taking this issue far too lightly. Announcing the recall on a Sunday when nobody is watching the news and playing the denial game is no way to save patients from the potentially deadly consequences of this situation.

Defective Drug Attorneys

Phillips Webster is a team of experienced defective drug attorneys with a proven track record of successful defective drug litigation. If you or a loved one have experienced serious injury or death due to a defective drug, call us today for a free consultation and to find out your legal rights.

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False Claims Lead to Billion Dollar Antipsychotic Drug Lawsuits

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January 6th, 2012: Law Blogger

Have you ever heard of Risperdal and Seroquel? They’re antipsychotic drugs, but if you’re suffering from depression or anxiety, you may have also heard of them and there’s the problem in a nut shell. One is produced by pharmaceutical giant Johnson and Johnson, the other is produced another global drug behemoth, AstraZeneca. Both yielded billions of dollars for their prospective companies over the years and both are now looking at billions of dollars in payouts because of off label promotion of the drugs to people with depression and anxiety like you, exposing you to some serious side effects.

In fact, just last week Johnson & Johnson reached an agreement with the U.S. attorney in Philadelphia to pay more than $1 billion to the U.S. and most states to resolve a civil investigation into marketing of the antipsychotic Risperdal. This is following a ruling against AstraZeneca and two other producers of antipsychotic drugs ordered to pay $2.7 billion to resolve government marketing claims, particularly that the companies pushed the drugs for unapproved uses.

Why Are False Claims By Drug Companies So Bad?

In 1994 and 1999 the Food and Drug Administration (FDA) ordered J&J’s subsidiary Janssen to stop making false and misleading marketing claims about Risperdal’s superiority, and both times they ignored the orders. Even when the agency warned them in 2004, followed by an investigation, they ignored them because the practice is so profitable.

What are false claims? There’s a thing in sales called “up-selling.” You may have gone to a restaurant and the server did it, trying to get to have a piece of pie at the end. It’s a way to pad sales and get as much out of the market as possible, which is just good business. However, when it comes to pharmaceutical companies up-selling their drug to treat ailments that they aren’t approved to treat, it can be extremely detrimental, perhaps causing the drug to become “defective.”

What is a defective drug? The reason is that the FDA approves drugs for specific uses is because, though they recognize that all drugs have some side effects associated with them, when applied to the ailment the drug is meant to treat, the benefits outweigh the detriments. When a drug’s detriments outweigh its benefits, the drug becomes a defective drug.

In the case of Risperdal, Seroquel, and other similar antipsychotics, the approved uses were to treat serious schizophrenia, bi-polar disorder, and violent outbursts associated with autism. All of these are serious mental illnesses that, if left untreated, can lead to severe bodily harm to the individual and potential destructive consequences for those around them.

However, representatives from J&J and AstraZeneca were selling the drugs to pharmacists and physicians as treatments for depression, anxiety, PTSD and other ailments that can be severe, but have their own (less detrimental) drug treatments and in many less severe cases could be treated with diet and exercise.

You see, one of the major the side effects of this family of antipsychotic drugs is serious and uncontrollable weight gain, which can lead to a myriad of secondary side effects such as:

  • Heart disease
  • Stroke
  • Diabetes
  • Clogged Arteries

These ailments become far more deadly than depression or anxiety. J&J and AstraZeneca are currently facing hundreds of drug lawsuits from American victims of Risperdal and Seroquel who are facing the consequences of obesity due to these drug treatments.

Lawsuits Over False Drug Claims

Lawsuits over false claims is are essential because the victims of the side effects the drug would have never been effected by them if the drug company hadn’t made the false claims in the first place. And when there’s so much money involved, that brand of greed needs to be punished by the victims of that greed.

Risperdal at one point was J&J’s marquis drug. Worldwide, the drug generated sales of $24.2 billion from 2003 to 2010, reaching a whopping $4.5 billion in 2007. J&J lost patent protection in 2007 and sales declined merely into the $1 to $2 billion dollar mark in the waning years to now where it still generates hundreds of millions through direct production and generic subsidiary producers.

J&J has not only been pursued by the Security Exchange Commission (SEC) and the US Attorney, but has also been sued by 12 states, including Texas, South Carolina and Louisiana, over Risperdal marketing. The attorneys general of the other states “have indicated a potential interest in pursuing similar litigation against J&J.

So far, a jury in Louisiana, weighing claims that the company downplayed the drug’s risks, awarded that state $257.7 million in 2010. A South Carolina judge last year ordered J&J to pay $327 million over Risperdal sold in the state. Currently in Texas, J&J is looking at another $1 billion lawsuit currently running its course through the states court system.

If the turnout of other similar drug lawsuits says anything, this Federal indictment doesn’t help J&J’s chances much. AstraZeneca has paid almost $590 million over Seroquel. Eli Lilly has paid more than $1.7 billion to resolve state and federal investigations over Zyprexa and Pfizer Inc. paid $301 million for its drug Geodon.

Compensation For False Drug Claims

Victims of false drug claims go into a drug treatment with hopes that they will be properly treated for a drug with a minimum instance of side effects just like any other patient. However, when they find their health and quality of life threatened beyond their initial ailment, it shakes their trust in other treatments that might actually help them, thus putting their health in further danger.

This serious danger to their health and trust deserves compensation. If you or someone you know has been injured and mislead by major pharmaceutical company who continues to make billions of dollars off of the drug that caused your pain and suffering, there is a way to seek justice. Many patients just like you have chosen the Defective Drug Attorneys at Phillips Webster to represent their best interests. Phillips Webster will seek justice on your behalf and work hard to get you the compensation you deserve.

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Are Washington Actos Cancer Victims Eligible For The Louisiana Class Action Lawsuit?

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January 3rd, 2012: Law Blogger

In Washington State and across the country, people who started taking Takeda Industries type II diabetes drug treatment Actos, either when the drug hit the market or under advisement of the Food and Drug Administration (FDA), have found a disturbing and possibly deadly side effect; bladder cancer.

Last year the FDA recommended that patients switch from rival diabetes drug Avandia to Actos because of Avandia’s serious causal connection to heart attacks. Though the FDA fell short of banning Avandia, thousands (if not millions) of Avandia patients made the switch.

By adding so many patients to the roles of a single drug, it puts a spot light on side effects as the instances of those side effects increase by the ratio of patients. So, though there only slightly over a hundred Actos bladder cancer side effect lawsuits now, there is expected to be hundreds (maybe thousands) more added as Actos victims come forward.

Thus, the Multidistrict Litigation (MDL) is at its beginning stages.

Actos Bladder Cancer Side Effect MDL

An MDL is common in defective drug cases. American citizens and residents who are effected by the dangerous side effects of a drug like Actos bring very similar stories and evidence to the court. Because of this, these cases are consolidated into class action lawsuits that are heard by one judge or panel of judges.

In the case of Actos, the U.S. Judicial Panel on Multidistrict Litigation (JPML) has consolidated all pending federal Actos bladder cancer lawsuits in a MDL, and has assigned the docket to the Honorable Judge Rebecca F. Doherty, U.S. District Court for the Western District of Louisiana (MDL 2299), pursuant to 28 U.S.C. § 1407. However, not all Actos cases will be heard, only those surrounding bladder cancer.

“Each of the actions alleges claims arising from the use of Actos, a prescription medication approved for use in the treatment of type 2 diabetes. Plaintiffs allege that individuals who use Actosface an increased risk of developing bladder cancer. Plaintiffs further allege that the defendants concealed their knowledge of this risk and failed to provide adequate warnings to consumers and the health care community,” the Judiciary Panel wrote about their decision. “All actions were filed in July 2011 or later. Accordingly, we find that centralization will eliminate duplicative discovery prevent inconsistent pretrial rulings, and conserve the resources of the parties, their counsel and the judiciary.”

Why class action consolidation? As you can see at the end of the judiciary statement, the reasoning for consolidation is resources, redundancy, and time. It allows for a shorter trial period

Why Western District of Louisiana? There are many considerations that go into these decisions, number one being the judge that presides over the hearings and how they have ruled in previous cases of that type. Also, a central location that has the resources to be able to accommodate these types of cases are also brought into consideration.

Actos and Takeda Industries

Actos’s active ingredient is known generically as pioglitazone. Japanese pharmaceutical company Takeda Pharmaceuticals America Inc. introduced the drug in 1999 as one of only a couple of drug treatments for Type II diabetes at the time. Actos is now one of Takeda’s top-selling drugs enjoying global sales last year of $4.8 billion (twice that of its sales in previous years) and accounts for 27% of the company’s revenue, partially due to the recommendations of the FDA.

On September 17, 2010, only weeks after its action against Avandia, the FDA announced it had begun an Actos safety review. This action came after data from a study conducted by Kaiser Permanente suggested that the risk of bladder cancer increases with either the increasing dose and/or duration of Actos use, reaching statistical significance after 24 months.

On June 15, 2011, the FDA mandated that new information about this risk be added to the “Warnings and Precautions” section of the Actos label. The mandate came after the safety review revealed that, when compared to persons never treated with Actos, taking the drug for more than 12 months was associated with a 40% increase in the risk of developing bladder cancer.

That’s why the lawsuits further allege that Takeda promoted Actos as a safe and effective treatment for Type II diabetes, even though they knew or should have known that taking Actos for longer than 12 months increased the risk of bladder cancer. What the trial allows Actos bladder cancer victims to do is legally search for evidence as to whether Takeda knew of the potentially deadly side effect and when.

Seeking Justice For Actos Cancer

Many times there are hints of these side effects as far back as clinical trials prior to FDA approval that are either held out of the review process or seriously diluted by biased research as was the case the FDA and Senate found with their rivals Avandia, also currently facing MDL.

Many Washington State residents and their families have been touched by the Actos bladder cancer or Actos kidney cancer side effects. These can put patients lives in danger and result in expensive treatments, rising medical bills, time lost from work, loss of quality of life, and in the worst case, wrongful death.

The answer to the question is “Yes, you are eligible.” Pharmaceutical companies care about one thing only, profit. Don’t allow their need to appease themselves and their shareholders overshadow your need for fair compensation and justice. Call Phillips Webster for a free consultation.

Washington Actos Attorney 

Phillips Webster is a full service law firm that is prepared to help the victims of Actos side effects. If you or a loved one has a heart attack or stroke while taking Actos it is important that you call Phillips Webster for a free consultation.

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Are Prescription Drug Poisonings in Washington More Deadly Than Driving?

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December 29th, 2011: Law Blogger

When one thinks of the top causes of death in America, heart disease and other medical conditions such as stroke and cancer might top your list and you would be correct. But then common sense would dictate that wrongful deaths from car accidents would quickly follow. Well, you would be right, that is until 2008, when for the first time in nearly 30 years, more people died of poisoning.

That’s right, according to a new study released by the Center for Disease Control’s (CDC) National Center for Health Statistics (NCHS), poisoning is now the leading cause of injury death, and 90% of poisonings were caused by prescription drugs legally produced, prescribed, and sold in the United States.

And there is specifically one type that is deadly, opioids.

Deadly Prescriptions

Opioid painkillers like morphine, hydrocodone (sold as Vicodin and other brands) and oxycodone (Percocet and other brands) are attributed for more than 40% of drug poisonings in 2008. The NCHS has implicated this category of drugs in more poisoning deaths than both heroin or cocaine.

Opioids accounted for 14,800 of the 36,500 fatal drug poisonings in 2008. About 12,400 people died after taking other kinds of drugs, and for 25% of the cases where drugs were listed as a cause of death, no specific drug was mentioned.

According to NCHS findings:

  • In 2008, poisoning became the leading cause of injury death in the United States and nearly 9 out of 10 poisoning deaths are caused by drugs.
  • During the past three decades, the number of drug poisoning deaths increased sixfold from about 6,100 in 1980 to 36,500 in 2008.
  • During the most recent decade, the number of drug poisoning deaths involving opioid analgesics more than tripled from about 4,000 in 1999 to 14,800 in 2008.
  • Opioid analgesics were involved in more than 40% of all drug poisoning deaths in 2008, up from about 25% in 1999.

Who Is Being Poisoned?

It’s very easy to blame younger recreational prescription drug users who buy the drugs from outside sources, but data suggests that this assumption may not be true. You see, there were considerable variations in rates of drug poisoning by age and surprisingly, the rate of poisonings was highest among 45- to 54-year-olds. In fact, people under 24 had the lowest rates of any group except those over 65 years of age and older.

Researchers also took into account ethnic origin and gender. They found that non-Hispanic whites had higher rates of death from drugs than Hispanics. Prescription drug poisonings were lowest among African-Americans, American Indian and Alaska Native persons. More males than females died from prescription poisonings.

Washington State was among the 30 states where poisoning is the leading cause of injury death. Though New Mexico, West Virginia, Alaska, Nevada and Utah have the highest rates in the country, Washington remains in the top ten. This has left some experts seeking answers as to why.

Why and How Did This Happen?

In the United States, as well as other first world countries around the world, driving and vehicle safety is a priority for safety advocates, car manufacturers, and civic planners. Thus, experts have suggested that this new focus has allowed the statistics for deaths in car accidents to steadily fall allowing other statistics to bring issues to the forefront.

Many of these opioids have now become “generic” brand drugs, which means that many different companies can produce them. Though they must conform to the rules set forth by the Food and Drug Administration (FDA) surrounding the drug’s use and warnings. Labeling is very hard to regulate with so many producers as well as production standards (consistent dosage, packaging, etc).

Once a drug becomes generic, the pool of users skyrockets and with it side effects and overdose events. More than five million Americans in 2009-10 reported using pain relievers without a prescription or only for the feeling they caused. This happens with every drug, but opioids are particularly prone to, not only overdose, but also addiction and abuse. This has inspired Washington State and other states around the country to install stringent prescription drug rules surrounding

Margaret Warner, the lead statistician for the NCHS study, suggested a multifaceted approach to solving the problem analogous to the various steps taken to improve traffic safety.

“The C.D.C. is doing some prevention work,” she said. “The Food and Drug Administration is looking at different regulations they can impose, and the Office of National Drug Control Policy is not just focusing on interdiction, but using a public health approach as well.”

Defective Drug Lawyer

Losing a loved one in a wrongful death to prescription drugs that aren’t properly labeled or produced has been a tough thing for families to find justice for this year. The 2011 Supreme Court Mensing Decision made it very hard for people to seek justice against generic drug producers, however, that is changing. Now families have found that with the help of an experienced Defective Drug Lawyer, they can get compensation for the loss of their loved one.

Phillips Webster is a team of experienced defective drug attorneys with a proven track record of successful defective drug litigation. If you or a loved one have experienced serious injuries or death due to the side effects of a generic drug call us today for a free consultation and to find out your legal rights.

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Can I File A Defective Drug Lawsuit Against A Generic Drug Manufacturer?

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December 21st, 2011: Law Blogger

Most people have never heard of the Mensing Decision that was passed down by the US Supreme Court just this past June. That is unless they have filed or are about to file a defective drug lawsuit. All of a sudden victims of a defective drug are fully aware of Mensing and its consequences, particularly if they are trying to hold a generic drug manufacturer accountable for their actions. However, there has been some good news.

What is a Defective Drug? This is a drug whose devastating side effects outweigh the drug’s approved benefits. These side effects could result in the serious medical injury or wrongful death of the patient. In some cases victims have found that the drug is not only harmful, but the manufacturer may have been found to have known about the side effect and not properly informed the public of the effects.

This is the point that the victim or their loved ones seek justice through compensation. The Mensing Decision seriously effected the victim’s ability to even bring their case to court against generic drug manufacturers.

What is a generic drug?

To understand a generic drug and the Mensing Decision, one must first have an idea of what it takes to produce a pharmaceutical and take it to market. You see, the global pharmaceutical industry is a multi-billion dollar industry that rivals or eclipses some of the largest industries in the world such as oil, weapons, food, and illegal drugs.

Bringing a pharmaceutical to market:

  • Research and development discovers a drug benefit – This is the very early stages of discovery and has not been fully tested.
  • A drug patent is applied for and received – This is a 20 year patent intended to protect research and guarantees exclusive rights to a single company. The race taking the drug to market begins.
  • Animal testing begins – This process is needed to test whether the drug will be deadly to humans.
  • Human clinical trials begin – This process allows researchers to log results and find out side effects.
  • Results are vetted – In case after case, drug manufacturers have been found to pick and choose results from clinical trials and only present the most favorable for approval to the Food and Drug Administration (FDA).
  • Results are submitted to FDA for approval – The FDA reviews all research and approves drugs for sale in the US market. It’s approvals are also the catalyst for other countries to approve the drugs for sale in their markets. Around 80% of the FDA’s funding comes from drug manufacturers. This leaves them horridly underfunded and over extended, thus unable to determine biased research.
  • Labels and warnings are established – The FDA assigns directions for use, limitations, and warnings based on the research provided to them by the manufacturer.
  • The drug is taken to market – This involves aggressive marketing campaigns and pushing the drug on doctors to prescribe to their patients using the same biased research used for approval.

A Generic Drug is a drug that is produced after that 20 year patent expires and the drug is able to be produced by any company willing to produce it under FDA regulations and standards. They are required to use the same labeling and warnings as the previous patent holder.

What happens when a drug goes generic?

Often it takes years for a group of people fall victim to a defective drug while it is still under patent. At that point a study must be conducted to establish causal evidence to determine the legitimacy of their claims. The FDA might also conduct an independent review. Often, this whole process lasts so long that the drug becomes eligible to be manufactured in a generic version.

When patent expires and the drug becomes generic, generally the original patent holder will:

  • Produce the generic version of the drug through a subsidiary
  • Make slight changes and patent the drug under a different brand
  • Make slight changes and patent the drug as “extra strength”
  • Sell the brand to be produced by a generic manufacturer, retain the rights

When a drug goes generic the price immediately plummets because, beyond what major drug companies will tell the public, drugs are incredibly cheap and easy to produce, generally costing pennies. It becomes even cheaper when they are produced in foreign labor markets.

The benefit is that it allows millions to have access to the drug, however, this also creates a massive sample group that reveals the full devastating effects of a defective drug. However, even though the generic manufacturers are enjoying the profit of these millions of new customers, the Mensing Decision released them of liability.

What is the Mensing Decision?

In PLIVIA Inc. v. Mensing, the Supreme Court ruled 5-4 that generic drug makers couldn’t be sued for allegedly inadequate warnings on their labels because they’re required by law to use the same warning label language that’s used for the equivalent brand name drug.

Of course, as would be expected, generic drug manufacturers and their legal teams took this to the extreme claiming that the decision exonerates them of any and all liability for any injury or death resulting of the taking of the drug. Generic manufacturers such as Teva Pharmaceuticals USA Inc. and Sandoz Inc. in October, took it as far as to say that, under Mensing, all generic suits should be dismissed. This move proved to be the decision’s undoing.

Philadelphia Common Pleas Court Judge Sandra Mazer Moss sided with plaintiffs who argued that Mensing only preempted claims targeting the warning labels on the drugs. Judge Moss’s ruling marks a significant set-back for the generics, which have sought to use their Supreme Court win to escape mass torts actions plaguing them in other state courts. The generics have filed similar motions to dismiss in New Jersey and California state courts.

Defective Drug Attorneys

This certainly isn’t over by a long shot. The profit is far to high for drug companies to give up and settle at this point. However, it seems that the victims are now being empowered and able to once again seek justice.

Can I File A Defective Drug Lawsuit Against A Generic Drug Manufacturer? Yes you can, and the experienced legal team at Phillips Webster will fight hard for you to get you the justice and compensation you deserve.

Phillips Webster is a team of experienced defective drug attorneys with a proven track record of successful defective drug litigation. If you or a loved one have experienced serious injuries or death due to the side effects of a generic drug call us today for a free consultation and to find out your legal rights.

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Do Paxil and Zoloft Have a Risk of Suicidality?

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December 19th, 2011: Law Blogger

Antidepressants such as Zoloft and Paxil have been a popular treatment for many patients with various psychological, hormonal, and emotional issues that may not have been construed as depressed a couple of decades ago. As psychologists and scientists alike become more aware of how the human brain and body works, it’s not surprising.

For some who live daily with these issues that they may not understand, drugs that treat depression such as selective serotonin reuptake inhibitors (SSRI) like Paxil and Zoloft are a revelation. However, side effects strike every patient differently and the Food and Drug Administration (FDA) has found that Zoloft and Paxil have a side effect that is common to younger people called “suicidality.”

What is Suicidality?

Depression has many signs such as feelings of sadness, loss of interest or pleasure in normal activities, reduced sex drive, sleep issues, changes in appetite, agitation, slowed thinking, fatigue, feelings of worthlessness or guilt, and crying spells for no apparent reason. However, if these traits aren’t enough, depressed people start being a worry to professionals in the psychological community when the patient begins to have frequent thoughts of death, dying or suicide.

That’s exactly what the FDA defines as Suicidality, “an increased risks of suicidal thinking and behavior.” Yet, for SSRIs, this has become a normal side effect, which has horrible repercussions for the patient. So much so that the FDA took measures to help protect the most vulnerable antidepressant patients.

What Has The FDA Done?

In 2005, the FDA opened a study of 295 individual antidepressant trials that included over 77,000 adult patients with major depressive disorder (MDD) and other psychiatric disorders, to examine the risk of suicidality in adults who are prescribed antidepressants.

As a result the FDA took measures of protecting adults 18 years of age to 24-years-old by making label changes in 2007. The label stated that there is an increased risk of suicidality in this high risk group. However, these changes include language stating that scientific data did not show this increased risk in adults older than 24, and that adults ages 65 and older taking antidepressants have a decreased risk of suicidality.

“Depression and other psychiatric disorders can have significant consequences if not appropriately treated. Antidepressant medications benefit many patients, but it is important that doctors and patients are aware of the risks,” said Steven Galson, M.D., MPH, director of FDA’s Center for Drug Evaluation and Research.

The FDA asked manufacturers to add a black box warning to the labeling of all antidepressants to describe this risk and to emphasize the need for appropriate monitoring and close observation, particularly for younger patients taking these medications.

In addition, FDA directed manufacturers to develop Medication Guides, FDA-approved user-friendly information for patients, families and caregivers, that could help improve monitoring. Medication Guides are intended to be distributed at the pharmacy with each prescription or refill of a medication.

The problem is that the issue of suicidality has been seemingly left on the back burner since 2007, however, a black box warning does not allow the FDA to wipe their hands and walk away. Suicidality research keeps on going, particularly from disturbing reports of patients taking attempts on their lives that could put others in serious danger. Not only that, the traits of suicidality have been showing up in a much older group than the FDAs finding may have indicated.

Suicidality and Cardio Vascular Disease

There have also been some other findings that suggest suicide attempts in young adults substantially increases their risk of dying from heart disease or cardiovascular disease (CVD). The study published in the Archives of General Psychiatry this month further found that the risks are particularly marked for women.

The researchers conducted a population based study of over 7,600 people aged 17-39 found and, after adjusting for health and lifestyle factors such as smoking or poor diet, found the risk of fatal CVD was more than double for people with depression than those without.

They also found that more than triple for those with past suicide attempts. Death from ischaemic heart disease (IHD) was nearly four times greater for those with depression, and more than seven times greater for people who had attempted suicide.

Women had triple the risk of fatal IHD, and a fourteen-fold greater risk for CVD. The figures for men were lower, with a 2.4 times greater risk for IHD and 3.5 times greater risk for CVD.

The authors noted that their study was the first population-based study to examine clinical diagnosis of depression and mortality due to CVD and IHD in young adults. Previous studies had shown a link, but because they included middle-aged and elderly people, they noted that the dramatic impact of depression and suicidality on IHD mortality in younger individuals has gone unrecognized.”

“Our data suggest that more research should take a life-course approach to identify risk factors for IHD early in life,” they concluded.

Defective Drug Attorneys

Losing a friend or family member to depression can be a dismaying and frustrating experience as they lock themselves away from society and their relationships with ever growing risk of suicide. Watching that decline can be painful and inspire both loved ones and medical professionals to seek medication that may help the person through the trying time in their lives. But as you can see, some of these medications can make things worse and may lower the patient’s life expectancy.

If your family has been stricken by the tragic consequences of suicidality it is important that you find experienced legal council that can help you seek justice through compensation.

Phillips Webster is a team of experienced defective drug attorneys with a proven track record of successful defective drug litigation. If you or a loved one have experienced a cardio-event while taking Celerite, call them today for a free consultation and to find out your legal rights.

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Do I Have A Washington State Propecia Lawsuit?

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December 14th, 2011: Law Blogger

Just like around the United States, men in Washington State are finding a dismaying side effect when they take the hair loss prevention drug Propecia, erectile dysfunction. This defective drug side effect has seriously lowered the quality of life for many male Propecia patients. This has led hundreds of men in Washington State and across the country to file Propecia lawsuits.

These men are suing global pharmaceutical conglomerate Merck & Co for what has been a billion dollar product for the company that has a history of producing defective drugs with little consideration for the consequences to their customers. The plaintiffs are accusing the drug manufacture of failing to adequately warn of the potential sexual side effects.

Sexual Side Effect Research

Propecia belongs to a class of drugs known as the 5-alpha-reductable inhibitors. The active ingredient is finasteride, which is linked to impotence, erectile dysfunction, depression, and a decrease in sexual desire. This may have been known by Merck when they were designing and testing the drug for market.

A study published in the Journal of Sexual Medicine in 2011 affirms these concerns. Researchers found that drugs often prescribed to treat hair loss that contain finasteride causes sexual dysfunction.

Researchers conducted interviews with 71 otherwise healthy men aged 21–46 years who reported the new onset of sexual side effects associated with the temporal use of finasteride and found:

  • 94% developed low libido
  • 92% developed erectile dysfunction
  • 92% developed decreased arousal
  • 69% developed problems with orgasm

In another study published this year in the Journal of Sexual Medicine originated in the Boston University School of Medicine lead by Professor Abdulmaged M. Traish. He found in his study that some of the patients studied had long-term erectile dysfunction or even permanent impotence.

Traish’s research, like that of the other study cited above, found that nearly everyone who takes these drugs usually experience some of the side effects—although some people more severely than others—and in some cases the effects are permanent even after the men have stopped taking the medication. Traish infact refers to this outcome as a “life sentence.” This is from findings such as:

  • 8% of men who used the drugs experienced erectile dysfunction.
  • 4.2% said their libido was reduced.
  • Other side effects included depression, decreased semen volume, and reduced ejaculation.

Propecia Side Effects

Although these side effects discovered in the studies are not fatal, they can be physically and psychologically damaging. It is up to the company to properly disclose and inform the patients of the serious side effects associated with their drug. Certainly the patient’s physician could have a hand in informing them, but often the newest research regarding the drug has not been forwarded to medical professionals.

Side effects linked to Propecia:

  • Anxiety attacks
  • Amotivational syndrome
  • Bipolar mood disorder
  • Breast enlargement
  • Breathing problems
  • Cognitive dysfunction
  • Hypersensitivity
  • Hyper tension
  • Insomnia
  • Lethargy
  • Male breast cancer
  • Memory loss
  • Testicular pain

Propecia Lawsuits

Part of the whole point of preventing hair loss is to improve quality of life, however many of these men say they were not properly informed of the dangers of the drug and as a result have been put into a serious situation of facing a life long problem that could result on a life long need for other prescription drugs to retain normal sexual function.

Filing a lawsuit against Merck in order to hold them accountable is an important part of upholding much-needed standards on pharmaceuticals. Drug companies make billions of dollars every year off of these drugs, often knowing the detriment to those taking the drug, but choosing to keep it on the market.

These lawsuits are also important because they send a message to the under-funded, overworked, and bureaucratic Food and Drug Administration (FDA). The FDA is often the standard bearer for many countries around the world as to actions taken against drugs or the allowance of lawsuits. Many people in countries around the world don’t have the opportunity that Americans do to be able to seek justice for defective drugs.

Washington Propecia Lawyers

If you or a loved one are taking Propecia or any other derivative of Finasteride it is important that you contact legal council that has experience in protecting patients from giant pharmaceutical companies. Call Phillips Webster for a consultation on your legal options.

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