Washington Law Blog
Personal Injury, Car Accidents, Trucking Accidents,
motorcycle accidents and consumer law blog...

  • * First Name:
  • * Last Name:
  • * Email:
  • * Phone Number:
  • Comment:
  • Accept Terms *
  • *Denotes Required Field

Law Blog Categories

Car Accidents
3 Reasons to Hire Phillips Webster

Our attorneys have decades of experience negotiating with insurance companies regarding all types of vehicle accidents. If you have been injured in a wreck, contact us today.

  1. We represent EVERYONE in need anywhere in Washington - Minor and Major Injuries
  2. Experienced trial attorneys that will fight for your right to recover compensation
  3. FREE Case Review and we only get paid if you get paid
Learn more about our:
Seattle Car Accident Lawyers

Verdicts & Settlements

$20 MILLION - Commercial Injury
Confidential settlement for a commercial injury case

$19  Million - Grant of Coverage
Grant of coverage in insurance coverage case

$2 MILLION - INSURANCE BAD FAITH
Settlement in insurance bad faith case

$1.5 MILLION - CAR ACCIDENT WRONGFUL DEATH
Vancouver, Washington car accident that resulted in a death

$1 MILLION - DUI ACCIDENT VICTIM
Settlement for young man hit by a drunk driver

Our jury trial experience shows in the results we get both inside and outside of the courtroom.

More Verdicts and Settlements

 

Posts Tagged ‘Defective Drugs’

Johnson & Johnson and Omnicare Face Lawsuits over Risperdal in Nursing Homes

Defective Drugs, washington defective drug attorney

March 11th, 2010: Law Blogger

defective drugsIf you had any reservations as to the length a giant pharmaceutical company will go to make a profit then this story may be the one that convinces you.

The Attorney General of Massachusetts, Martha Coakley’s office joined a federal lawsuit yesterday against Johnson & Johnson. The suit contends that, beginning as early as 1999, J&J paid tens of millions of dollars in kickbacks to national nursing home medical products provider Omnicare to get its drugs, especially the powerful antipsychotic Risperdal, prescribed in nursing homes.

This comes a year after the generic version of Risperdal was approved by the Food and Drug Administration (FDA). Officials J&J wrote in a business plan as recently as just a few months ago, “The geriatric market represents Risperdal’s second wave of growth. The aging population will continue to drive market growth well into the next century.”

This means that J&J intended to treat dementia patients with Risperdal even after learning about the side effects.

You see, the problem is that FDA specifically warned that Risperdal considerably raises a dementia patient’s chances of death. J&J might have intended to use early death of senior citizens with dementia as an engine for profit.

Risperdal

Risperdal is an antipsychotic drug that is used to treat schizophrenia. It quells symptoms of the mental disorder. In the mid 90’s it was also touted as a go-to drug for a myriad of mental disorders, but was severely reigned in by the FDA by the late 90’s because the side effects can be pretty severe. It is used for more mild conditions such as bi-polar disorder and over-aggression in autistic children.

The Risperdal side effects include:

  • Severe allergic reactions
  • Abnormal thoughts
  • Confusion
  • Drooling
  • Fainting
  • Irregular heartbeat
  • Persistent Flu Symptoms – fever, chills, or sore throat
  • Inability to control urination
  • Increased sweating
  • New or worsening mental or mood changes
  • Seizures; Severe dizziness
  • Stiff or rigid muscles
  • Suicidal thoughts or attempts
  • Trouble concentrating, speaking, or swallowing
  • Pensiveness
  • Unusual bruising
  • Vision changes

The drug now competes with the likes of Seroquel, another antipsychotic that is currently facing thousands of lawsuits for misstating the side effects.

Currently 1.1 percent of the US population is thought to have schizophrenia, but the antipsychotic market in the US alone was $14.6 billion in 2008. This is opposed to $580 million in 1997 to 2004’s total US sales of just $1.4 billion. It sounded as if J&J needed to find something that would really catapult the sales figures. They found it in Nursing homes.

Anatomy of a Crime

Medical MalpracticeFiles full of more than 5,000 pages of official documents were made public by J&J, ordered by the judge in the case as requested by news agencies. The records give a detailed account of a decade-long campaign by Janssen (a subsidiary of J&J) to convince doctors, regulators and insurers that Risperdal was superior to older, cheaper antipsychotics.

It is illegal for drug companies to sell their products for off label uses.

The federal lawsuit details an elaborate program by J&J and Omnicare to allegedly convince resident physicians in nursing homes to prescribe Risperdal. Within the documents released, one was from 1999 in which Omnicare offered J & J’s sales team a list of nursing home physicians who had been resistant to prescribing the antipsychotic.

“These names were provided to the sales force in an effort to increase the call frequency on these resistant prescribers and to eventually influence them to use more Risperdal in the elderly demented patient,’’ the e-mail said.

Another J&J document, this one from 2003, showed that doctors accepted recommendations from Omnicare’s force of 900 consultant pharmacists more than 80 percent of the time.

Between 1999 and 2004 sales of J&J products to Omnicare nearly tripled from around $100 million to over $280 million. Annual purchases of Risperdal alone rose to over $100 million, the suit contends.

Omnicare then filed for reimbursement for these purchases, seeking payment from Medicaid, the joint federal and state health program for the poor, which pays for nursing home care for many seniors.

Protect Yourself and Loved Ones

Omnicare agreed in November of 2009 to pay $98 million to settle federal charges it took kickbacks. This may only be a fraction of what they actually received.

Johnson & Johnson is still fighting and are vowing to take this all the way.

J&J spokeswoman Carol Goodrich said yesterday that “airing the facts will confirm that our conduct, including rebating programs like those the government now challenges, was lawful and appropriate.” She added, “We look forward to the opportunity to present our evidence in court.”

Making a profit something that drug companies are very good at. Accountability on the other hand is perhaps their worst trait. This is why lawsuits are so important. Profit is the only thing that the large corporations see and the loss of profit is the only way they’ll learn that they have rules that they need to follow. The rules aren’t there to punish them. The rules are there to protect consumers.

If you or a loved one have been adversely affected by the conduct of Johnson & Johnson, Omnicare, your nursing home, or Risperdal call Phillips Webster today for a consultation on your legal options.

Learn More About:

FDA Warning: Fosamax, Actonel, Boniva, Reclast Bisphosphonates Fracture Side Effect

Defective Drugs, washington defective drug attorney

March 10th, 2010: Law Blogger

Defective DrugYou may have seen famous actress Sally Field sitting on a couch or walking on the pier of a peaceful lake talking about the benefits of Boniva. She tells us that she has osteoporosis and that her doctor told her that Boniva could not only stop bone loss, but make bones grow denser. It turns out the opposite is true.

Today the Food and Drug Administration (FDA) announced that it will look into links alleged between the use of certain osteoporosis drugs such as Fosamax, Actonel, Boniva, and Reclast and a particular type of leg fracture. This follows extensive review of a study published in the Journal of Bone and Mineral Research.

Dr. Bo Abrahamsen of Department of Medicine and Endocrinology F, Copenhagen University Hospital in Denmark headed up the study, which did an analysis of data from two large observational studies on patients with osteoporosis.

Dr. Bo AbrahamsenIn the study the authors concluded that atypical femur fractures that happen right below the hip had many similar features in common with classical osteoporotic hip fractures. These include the patient’s age, gender, and trauma mechanism (cause of the injury).

They came to these conclusions because the data showed that patients taking bisphosphonates (a class of drugs that prevent bone loss) and those not taking bisphosphonates had similar numbers of femur fractures in the same place in the femur relative to classical osteoporotic hip fractures.

Side Effects Hit the Headlines

Today ABC News reported that numerous cases of women who had taken Fosamax (one drug in a class of bisphosphonates that also include Actonel, Boniva, and Reclast) for a long periods of time experienced their femur bones had just snapping while doing little more than taking a walk.

“We are seeing people just walking, walking down the steps, patients who are doing low-energy exercise,” said Dr. Kenneth Egol, professor of orthopedic surgery at NYU Langone Medical Center. “Very unusual, the femur is one of the strongest bones in the body.”

This is not the first time that doctors have reported an opposite effect for Fosamax. The drug, made by Merck, has already been linked to severe musculoskeletal pain, as well as to a serious osteonecrosis, a depletion of bone density in the jaw. You may remember Merck from their expensive and embarrassing recall of Vioxx in 2004. After taking a $5 billion PR bloodbath, Merck is still arguing against the settlement as if it would matter.

Defective Drug Denial

Defective ProductsAs early as 2008, the FDA sent a letter to Merck about the reports of bone fractures. It took Merck 16 months to add those reports to the list of possible side effects included in the drug’s package insert.

“Nothing is more important to Merck than the safety of its medicines,” said Merck. “As part of our commitment, Merck closely monitors post-marketing data and reports that information to FDA and other regulatory agencies.”

“A causal association has not been established between long-term bishphosphonate use and low energy femoral shaft and subtrochanteric fractures,” it said. “In clinical studies, Fosamax (alendronate sodium) has not been associated with increased fracture risk at any skeletal site.”

The company reported femoral fractures had been discovered in non-bisphosphonate users also. They are doing further investigation. The problem with this is that they have a history of foot dragging, particularly related to the highly profitable Fosamax.

The FDA doesn’t seem to be conducting themselves in the best manner either. After the Merck misconduct, the FDA turned around and rewarded them by approving the generic version of Fosamax. There’s a term for this in the pharmaceutical industry for this. It’s called, “cha-ching.”

Patients Speak Out

Stephanie George, a 67-year-old retired college teacher from Frisco, Texas, took Fosamax for eight years. She said she was advised not to have dental surgery for an abscess on her wisdom tooth until she had been off the drug for five years.

“They said there was a rare, but real chance that my bottom jaw would become infected and might have to be removed,” said George.

If that’s not scary enough, George is joined by literally millions of post-menopausal women, who were treated with bisphosphonates for low bone density.

Jeanett McLearen of Warren, Michigan is perplexed by the news. Her doctor wants her to have further injections for bone loss, but upon hearing about the risk, she cancelled her first appointment this week.

In an interview with ABC she said, “I am scared and I am confused. I don’t know what I think. I don’t know what to do.”

This is understandable. Women are told to check bone density and trust what their doctors say. Their doctors in turn must trust that the FDA is up to date on the most recent studies on the thousands of types of drugs. And the drug companies are supposed to closely monitor specific studies and warn the FDA of results. Yet there is a major flaw at every level of the chain. The drug companies make too much money to report, the FDA is too under-funded to adequately report, and it is impossible for doctors to fill the gaps.

Treatment vs. Natural Occurrence

Dr. Norton HadlerDr. Nortin Hadler is a professor of medicine and microbiology at University of North Carolina. He is opposed to the treatment of osteopenia. He claims it is just part of the natural course of aging.

“We have a history of over treatment and over-medicalization of people in this country and we need a discussion that’s out loud and up front,” said Hadler, author of “Worried Sick”. He went on to contend, “For those who are in their 50s and otherwise healthy, there is no reason to have a bone density test.”

In some cases testing is important, especially for people who are prone to osteoporosis because they take steroids, struggle with nutritional issues, or have inflammatory bowel disease.

“Our nation has been taught to fear the consequences of our thinning bones,” he said

Dr. Ethel SirisDr. Ethel Siris is the professor of clinical medicine at Columbia University’s College of Physicians and Surgeons and director of the Toni Stabile Osteoporosis Center, and she agrees that not all women with osteopenia need to be treated with bisphosphonates, but the issue is complicated.

“When we get stuff like this on the news, we get millions of calls and people with bad osteoporosis on the drug and at risk for fractures throw away the drugs and are afraid,” she said.

“First of all, these are unusual fractures and hard to interpret and a fair number occur in people without bisphosphonates,” she said. “This is a rare complication.”

Patients Need to Be Protected

Amongst all of the disputes, the warnings, the studies, and the different treatment methods, the ones who seem to suffer the most are the very people who are suffering in the first place; the patients. When it comes down to it, patients who are suffering from bone density are being told by celebrities on television that they can reverse the serious problem and the patient is getting worse.

This class of drugs have been on the market and tested for almost two decades, but yet a side effect that can manifest itself within five years and neither the drug companies nor the FDA did anything about the complaints until now. That is not acceptable when it affects millions of women.

If you or a loved one are taking this class of bisphosphonates it is important that you contact your doctor. Then protect yourself by contacting legal council that has experience in protecting patients from giant pharmaceutical companies. Call Phillips Webster for a consultation on your legal options.

Learn More About:

Seroquel: Testimony Begins in Trial against AstraZeneca

Defective Drugs, washington defective drug attorney

March 8th, 2010: Law Blogger

AstraZeneca SeroquelTed Baker’s lawsuit resumed today in New Jersey. His is the first of 26,000 legal cases being brought against the British pharmaceutical giant AstraZeneca. Baker’s suit reflects the basis of most of the other cases. He contends that the company did not adequately inform patients and healthcare representatives of the risk of contracting diabetes from weight gain after taking the popular pill Seroquel, an atypical antipsychotic used to treat schizophrenia.

These are serious charges, because weight gain is a significant side effect. The lawsuits allege that the company knew about the of the side effects and still resisted changing their labeling. A study released in 2003 in the American Journal of Psychiatry found drugs like Seroquel were associated with an increased risk of diabetes.

Yet, even the Food and Drug Administration (FDA) has seemed to underscore the importance of the 2003 study. In their drug safety description of Seroquel provided to healthcare providers they mention weight gain, but nothing further related to the side effect, only that the patient should weight themselves.

The Experts Take the Stand against Seroquel

It’s becoming apparent that experts and ex-employees of AstraZeneca are going to have a significant role in the trial. If the trial turns out in Baker’s favor, that could be damaging to AstraZeneca.

One of those witnesses, Seroquel’s former global safety officer Dr. Wayne Geller, testified today that some colleagues fought his urgings in June of 2000 to strengthen AstraZeneca’s internal description of Seroquel’s weight gain side effects. He told the jury that all he and other researchers wanted was the word “limited” removed from the explanation of the drug’s potential for causing some users to gain weight.

“I did question why the word limited was not taken out of the core-data sheet” Geller said. “I found out there were people from the commercial side who opposed the change.”

Basically what that means is that the sales department thought it would be bad for business. Geller’s testimony shows a clear intent to sugar coat the seriousness of diabetes related to weight gain in Seroquel.

Geller pushed to change the language because after reading the AJP report and others since that show Seroquel could “produce significant weight gain in select individuals,” he felt that he had to say something.

Geller revealed that the reports showed that the average weight gain was 27 pounds. In some cases that can mean a significant raise in an individual’s body mass index. When accompanied with other side-effects of the drug not independent of the weight gain such as higher cholesterol and higher blood sugar levels, this is a perfect combination for diabetes. So, this shows that diabetes is not a secondary side effect, but because of the combination of side effects, it is a primary side effect. Seroquel causes diabetes and the label failed to warn of the risk.

Upon cross examination, AstraZeneca’s lawyers decided to focus on specific language. The initial report regarding Seroquel’s side effects written by Geller had the word “limited” in it. He admitted having mistakenly left the word in other reports since reading studies to the contrary.

Mike Brock, an AstraZeneca lawyer, asked Geller, whether the company ever used the “limited weight-gain” language in Seroquel’s  warning label in the United States. “It’s never been in there,” the doctor replied.

AstraZeneca Decides to Blame the Victim; Will it Work?

Defective Drug MakerThe company may be seeing the writing on the wall. They may be helping schizophrenics, but they’re also making them obese, which lowers their life expectancy considerably.

Officials at AstraZeneca indicated earlier today that they will end research and development into psychiatric medications at its United States corporate headquarters in Wilmington, Delaware, as part of a mass corporate restructuring.

They also announced that they would cut 11 percent of their workforce by the end of this year as part of the $2 billion restructuring, the bill for the whole shake up that’s happening between now and 2013.

The 11 percent cut means 550 jobs will be lost in Wilmington, Delaware. The loss of those jobs is obviously significant to the existence of the global conglomerate, but how it unclear. This is a corporation that made almost $5 billion off of Seroquel alone. The layoff may just a punishment to the United States.

In a classic tactic called “blame the victim”, lawyers for the company told jurors in opening statements that Seroquel doesn’t cause diabetes. They accused Baker (a Vietnam War veteran) that his weight-gain and disease stemmed from his lifestyle and diet. The lawyers went on to say that the company provided adequate warnings about the drug’s risks on the medication’s warning label and marketed it as according to clinical findings.

“From the very first label for Seroquel, AstraZeneca had in its label the risk of weight gain and the risk of diabetes,” Diane Sullivan, of the AstraZeneca legal team, told jurors in opening statements.

The blame the victim tactic has not gone well in the past for other legal cases. It tends to alienate the jury. Some high profile cases have had disastrous results because of it, an example was RJ Reynolds during their unprecedented $144 billion tobacco lawsuit loss. People feel alienated from massive global conglomerates as it is, being British and eliminating American jobs in the process doesn’t help their public relations. We shall see.

Seroquel and the Side Effects

According to both AstraZeneca and the FDA the list of side effects remains the same and there is no warning or even acknowledgement of the many studies showing of significant chance of diabetes.

Some of the side effects include:

    Defective Drugs

  • Difficulty swallowing
  • Long lasting and painful erection
  • Increases in liver enzymes
  • Increases in prolactin levels
  • Abnormal thyroid tests
  • Seizures
  • Cataracts
  • Low white blood cell count
  • Increases in blood pressure in children and teenagers.
  • Orthostatic hypotension (decreased blood pressure)
  • Tardive dyskinesia uncontrolled movement in face, tongue, or other body parts
  • Increase in weight (weight gain)
  • HDL (good) cholesterol.
  • High blood sugar (hyperglycemia
  • Neuroleptic malignant syndrome (NMS) A rare and serious condition that can lead to death.

The FDA also mentions that there is a chance of suicidal thoughts. Not a welcome side effect for a drug that is taken for schizophrenia.

Protect Yourself

The massive legal teams that can be accumulated by a company that makes 5 billion dollars per year off of a single pill amongst in their extensive line of pharmaceuticals can seem disheartening and slightly overwhelming. That makes some patient’s feel as if they can’t be represented or it just isn’t worth it. That is not true if the legal council representing the case is experienced with defective drug litigation.

If you or a loved one has been seriously injured or killed by a defective drug or pharmaceutical company negligence then call Phillips Webster for a consultation on your legal options.

Learn More About:

Bayer’s Yaz, Yasmin, Ocella: Who Does Lawsuit Consolidation Benefit?

Defective Drugs, Yasmin, Yaz, Yaz lawyers

March 4th, 2010: Law Blogger

YazBayer has a consumer reputation on shelves as the aspirin pain reliever of choice, well, for our grandparents at least. What most people don’t know is that they produce some powerhouses in the drug industry. One of these drugs is their top selling line of birth control drugs Yaz 28, Yaz, Yasmin, and Ocella.

These drugs are the first to utilize  a mix of drospirenone and ethinyl estradiol to create what Bayer touts in its advertising (as previously reported by the Phillips Webster blog) as nothing short of a miracle drug. Drospirenone is a fourth generation progestin that causes a raise in potassium levels in the body. This could lead to clotting, particularly in the lungs, which has led to serious injury and death due to Yaz.

1100 Yaz Lawsuits and One Lonely Overworked Judge

All of the lawsuits involving Yaz 28, Yaz, Yasmin, and Ocella that are currently pending in federal courts were consolidated in United States District Court for the Southern District of Illinois before Judge David R. Herndon (MDL No. 2100) for coordinated pre-trial proceedings in October of last year.

Judge David HerdonThese proceedings will address the marketing, sales practices and products liability litigation. These charges stem from complaints due to the FDA warning that Bayer and Yaz misled the public as to both the overstated benefits and the dangerous side effects of Yaz.

In December, Judge Herndon discussed scheduling a series of lead trials for the lawsuits, which will presumably set the guidelines for future cases.

There has been speculation that there may potentially be as many as 25,000 lawsuits involving Yaz, Yasmine, and Ocella that could be filed in the multidistrict litigation nation wide. It is also estimated that this consolidated suit could take up to two years to resolve all of the Yaz lawsuits on Judge Herndon’s docket.

Illinios is not the only state to consolidate their suits. Pennsylvania state court lawsuits regarding Yaz, Yasmin, and Ocella were also consolidated last September. Both of these states may be the beginning of a trend for thousands of other cases in 30 states across the United States.

Yaz Takes From the Pharmaceutical Litigation Play Book

Yaz is one of the best selling birth control drugs in the world. On top of coming under fire for fatal safety risks and questionable marketing practices their commercials still keep targeting young women. There is a lot of profit to protect regardless of the fact that Bayer’s wonder drug could cause serious injury and sudden death.

This is not the first high-profile defective drug lawsuit. Eli Lilly, the gargantuan pharmaceutical company, agreed to shell out more than $2.6 billion to settle product-liability claims and government probes of illegal marketing practices for its antipsychotic Zyprexa. Another behemoth in the pharmaceutical industry Merck and its popular and very profitable drug Vioxx began mass litigation in 2004.

With these examples to guide them, Bayer has a plan. Their strategy is much like what Merck’s did for its former pain drug Vioxx.

Despite research to the contrary, Merck argued to a judge that it was impossible to prove that an individual’s heart attack was caused by Vioxx use. They contended that the heart attacks could have been due to other risk factors. Merck won enough lawsuits that attorneys in all of the remaining lawsuits against Vioxx agreed to a settlement of $4.85 billion in 2007.

That’s approximately one year’s profit for Yaz and Bayer.

Protection from an Overwhelmed System

YasminJust like any system, volume matters. A single judge cannot listen to every case. What happens is that the individual gets lost. Individual cases such as popular college sophomore Leah Mayfield of Tennessee who had been taking Yaz for 6 months and one day was found by her sorority sister laying in the shower pale and heaving. An hour later she was dead. Her death was deemed caused by a major clot in her lung directly related to her taking Yaz.

In large sweeping consolidation of lawsuits and mass restitution settlements does the company really learn anything? Particularly in regards to recalling the defective drug and getting real justice for the victims.

If you or a loved one have been injured or killed by Yaz, Yasmin, and Ocella, you need experienced attorney that cares about you as an individual and your individual needs. Call Phillips Webster for a consultation on your legal options.

Learn more about:

Criminal Charges Filed against KV Pharmaceuticals for Defective Products

Defective Drugs, defective drugs attorneys, defective products

February 26th, 2010: Law Blogger

Defective DrugsIf there were any reservations as to the lengths the pharmaceutical industry will go to make a profit, then the settlement agreed upon by St. Louis based KV Pharmaceutical Company may help quell those reservations.

In 2008, the Food and Drug Administration (FDA) told KV to stop making some time-release cough, cold, and gastrointestinal drugs. Yet, KV continued to make the drugs. This prompted the agency seized more than $24 million in unapproved products in July of that year.

In a statement given by KV to the Washington Post, the settlement include $25.8 million in fines and restitution, $2.3 million of which will be paid to the federal government. Ethex (a division of KV) also will not contest a $1.8 million administrative forfeiture, it said.

It sounds like a lot of money, but in the pharmaceutical business for a single company all of those figures added together amounts to about one week’s profit. Not a month or year, one single week.

Giant Pills

KV had to issue repeated recalls in late 2008 and early 2009 because some batches of products contained pills that were oversized. This lead some patients to overdose accidentally. That’s right, bigger pills that contained more than the recommended dosage.

Most of the recalled products were made by Ethex, but some were made by the Ther-Rx specialty drug division. Ther-Rx has recently become experts at recalls, having to recall 20 of its products in the last two months. But that is tiny amount compared to Ethex (not to be confused with the word “ethics”) with 156 recalls in the last month.

These products range from cold medicines to morphine to oxycodone. Some of these drugs are extremely dangerous when a person overdoses. Particularly if it is a simple cold medicine innocently administered to a child.

Do not fret though, Ethecs has been trumped by ethics and will no longer be around to harm people.

Criminal Charges

Defective ProductsKV said Thursday that it will shut down the Ethex generic drug unit and plead guilty to criminal charges alleging Ethex failed to promptly inform regulators about dangerous manufacturing problems.

The charges concern Ethex’s failure to file field alerts, or urgent notices about potential safety threats, with the Food and Drug Administration. The alerts concern two drugs: dextroamphetamine, an ingredient in the attention deficit hyperactivity disorder drug Adderall, and propafenone, which is used to treat cardiac arrhythmia, or irregular heartbeats.

Please keep in mind that when criminal charges are filed against a large corporation people rarely go to jail.

Spin, Spin, Spin

KV is shutting down Ethex Corp. because after the plea it would probably be excluded from government programs. The company will also pay a total of $27.6 million to resolve a government investigation into its business, which has had to recall dozens of drugs because its manufacturing practices did not meet federal standards.

“This settlement marks an important milestone in our efforts to restore normalized business operations at KV, regain full regulatory and legal compliance, and set KV on a new path moving forward,” KV interim Chief Executive Officer David Van Vliet said in a statement to Business Week

Yet, there was no apology issued to either the FDA or consumers issued either in statements or on the KV website.

Forgiveness

KV is still not able to resume sales of generic drugs affected by the recalls. Along with the closing of Ethex, this will dip considerably into their profits. Yet, Wall Street still responded positively to news that the investigations are being resolved.

Shares of KV Pharmaceutical rallied in late trading, closing up 32 cents, or 11 percent, at $3.33. Good news, because beyond failing the confidence and safety of its consumers, all that really matters is KV’s stock prices.

If you or a loved one find that you have been affected by defective drugs in any way, it is important that you get representation right away. Call Phillips Webster for a consultation on your legal rights.

Plavix: Just Following Patients Around is No Way to Test a Drug

Defective Drugs, defective drugs attorneys

February 24th, 2010: Law Blogger

PlavixA major watchdog site released a highly skeptical review of current studies on the popular drug Plavix. Perhaps you’ve seen their ads on television where a stretcher follows people around as they do mundane things and then it goes away when they visit their doctor to get Plavix. After reading this article you’ll find that their commercials are oddly similar to their testing methods.

To correctly explain the studies, it is important to know what Plavix (clopidogrel biselphate) does.

Plavix is used to prevent blood clots after a recent heart attack or stroke. It is also taken by people with certain disorders of the heart or blood vessels. Plavix keeps blood from clotting to prevent blood clots that can occur with certain heart or blood vessel conditions. Because of this, Plavix has been known to make it easier for a patient to bleed, even from a minor injury.

Plavix is generally a drug used to accompany other drug treatments. This can be dangerous though. Recently the Food and Drug Administration (FDA) released a warning about serious side effects if Plavix and Prilosec are taken together. Other studies about the effects of Plavix and other drugs are currently underway.

The studies mentioned in this article aren’t about Plavix’s reaction with other drugs. It’s about some of the less-than-stellar and somewhat unscientific studies that are currently being conducted. Studies that could be used to tout the drug’s safety without using adequate test methods.

Watching the Watchers

Consumer Drug Safety (www.consumerdrugsafety.org) is a watchdog organization that allows physicians, pharmacists, and other heath care providers to communicate openly with consumers and vice-versa.

They found that the tests currently being conducted to determine whether Plavix, when taken prior to surgery, increases a patient’s chances of serious complications during and after the procedure.

They focused on a new fairly extensive Dutch study. The study included 1,069 people given clopidogrel (Plavix) before having stents implanted after artery-opening angioplasty.

They were then followed for a year to record the incidence of death, nonfatal heart attacks or strokes, and new blockages of the treated arteries. Three of the tests had some predictive value for those events, but three didn’t. None predicted the major side effect of Plavix treatment, which is excessive bleeding, which it should have been able to do.

“However, the predictability of these three tests was only modest,” the report added. “None of the tests provided accurate prognostic information to identify patients at higher risk of bleeding.”

According to the report in today’s issue of the Journal of the American Medical Association, three of the six tests, which measure the function of platelets, the blood cells that clump together to form clots, turned out to provide some useful information.

The Expert’s Opinion

Dr. Deepak BhattDr. Deepak Bhatt, chief of cardiology at the VA Boston Healthcare System, and a member of a group of U.S. cardiologists probably had the nicest things to say about the study and even his comments were lukewarm at best.

Several large studies are underway to provide an answer, Bhatt said. They are looking at large numbers of people who get clot-preventing drugs.

“The study is a starting point for understanding a complex clinical situation,” Bhatt said. “It sets us up for the next step. You have a patient at moderate risk; what do you do with that test information? That is a question that needs to be answered.”

“Right now, you can conclude that some tests are correlated with an increased risk of adverse events, but what to do with that information is unclear,” Bhatt said. “Those ongoing trials may provide an answer.”

Dr. Magnus OhmanDr. Magnus Ohman, director of the Program for Advanced Coronary Disease at Duke University in Durham, N.C. was a little more skeptical of the studies.

While the Dutch study provided “an important observation,” it included a relatively narrow portion of people eligible for clot-dissolving drug therapy, Ohman said.

Even though the study population was relatively large, it is small in relation to the total population of people who get clot-preventing drugs, Ohman said. “If we studied more patients and higher-risk patients, we might get a better handle on this. We might find other cutoff points of greater value.”

“We are in the process of evaluating the bedside tests because they will have an important role to play in the future,” Ohman said.

Are You At Risk?

Dr. Ohman made an important point about a major study that is only yielding so-so results, that is, the right patients have to be tested to deliver the correct data. These patients are at higher risk of complications for taking anti-clotting agents such as Plavix.

Watching these studies is important because the drug company can use them to overstate the effectiveness of their drug and take questionable results out of context to help sell their drug.

It is important that you get the correct tests before treatment and particularly prior to surgery. If you or a loved one have been adversely affected or seriously injured by taking Plavix or other clot-preventing drugs it is in your best interest to get professional legal advice from an experienced firm in defective drug litigation. Call Phillips Webster for a consultation.

Avandia: Senate and FDA Clash over Heart Attack Risk; Patients Keep Dying

Avandia, Defective Drugs, washington defective drug attorney

February 22nd, 2010: Law Blogger

AvandiaIn a shocking statement given by a bi-partisan Senate report the diabetes drug Avandia has been blamed for tens of thousands of myocardial Infarctions (heart attacks). Not only that but the drugmaker GlaxoSmithKline (GSK) and the Food and Drug Administration (FDA) have known the risks for years.  GSK worked to keep them from the public, according to a Senate committee report released Saturday.

“It can be argued that GSK had a duty to warn patients and the FDA of the Company’s concerns,” the finance committee report said. “Instead, GSK executives attempted to intimidate independent physicians, focused on strategies to minimize or misrepresent findings that Avandia may increase cardiovascular risk, and sought ways to downplay findings that a competing drug might reduce cardiovascular risk.”

The 334-page report by the Senate Finance Committee not only criticized GSK, but also the FDA, saying that the federal agency that regulates food, tobacco and medications overlooked or overrode safety concerns found by its staff.

The Evidence

In 2007 The New England Journal of Medicine concluded a study that raised concerns that Avandia increased users’ heart attack risk. Two months later an outside panel of experts convened by the FDA voted 20-3 that Avandia did raise heart attack risk. But the panel voted 22-1 to recommend keeping the drug on the market.

To add to the overwhelming evidence there is even a report by the American Medical Association that says, “Among patients with impaired glucose tolerance or type 2 diabetes, rosiglitazone (Avandia) use for at least 12 months is associated with a significantly increased risk of myocardial infarction and heart failure, without a significantly increased risk of cardiovascular mortality,” the AMA journal wrote, “findings have potential regulatory and clinical implications.”

These studies were cited by the report and in light of this had some scathing commentary:

  • Since the drug hit the market in 1999, Avandia has been linked to 83,000 heart attacks.
  • Committee investigators say they found that GlaxoSmithKline experts verified an outside study showing the cardiac problem, but the company publicly attacked the findings as incorrect.
  • Two FDA safety officials sounded a clear alarm in October 2008 writing, “There is strong evidence that rosiglitazone [Avandia] confers an increased risk of [heart attacks] and heart failure compared to pioglitazone [rival drug on market].” They concluded and trials comparing the two would be “unethical and exploitive.” Yet, the trial is still under way, the senators say.

The Evidence is Overwhelming but that’s Never Stopped Rhetoric

GlaxoSmithKlineIn the face of the findings of the Senate the FDA and GlaxoSmithKline remained defiant.

On Saturday GlaxoSmithKline said, “We disagree with the conclusions in the report,” spokeswoman Nancy Pekarek told CNN. “The FDA had reviewed the data and concluded that the drug should be on the market.”

Then today the FDA chimed in foolishly deciding to side with the company. They advised the public to not stop taking the drug and went further, “We feel that it is time for a thorough evaluation of all the cardiovascular risks with that drug,” Janet Woodcock, director of the FDA’s Center for Drug Evaluation and Research, said in a teleconference with doctors.

Something Fishy This Way Smells

Upon reading the New England Journal of Medicine study, the AMA Report, and the Senate report, diabetes drug Avandia is linked with tens of thousands of heart attacks, and drugmaker GlaxoSmithKline knew of the risks for years, but worked to keep them from the public.

So, to put it lightly, the FDA and GlaxoSmithKline has allowed hundreds of patients die of heart attacks since 2007 related to the drug and instead of choosing to stop, the FDA says it needs more time to study.

What is Their Motivation? Profit, What Else?

FDAThese are serious findings. That means that if executives are named then they could be liable to answer for the heart attack deaths of thousands of patients. As we have learned from many-a-corporate hearing through the years, generally, accountability is a grey area usually left to a single scapegoat.

But the FDA is a different story. They are a government agency with one purpose and one purpose only, to protect Americans. By deciding against the Senate recommendation and siding with the drug company they have opened themselves up to accusations of pandering to the rich drug companies and perhaps even corruption within the highest ranks of the bureaucracy.

Wrongful Death of Avandia Users

The drug companies have shown over and over that they are on the side of profit and their share holders first. The FDA consistently delays pulling drugs off of the market under the guise of further research and reviews. These delays put hundreds of millions of dollars in the pockets of the drug companies every month, not every year, every month. Protect yourself.

If you or a loved one is affected by Avandia or related type 2 diabetes treatments, it is also recommended that you obtain legal representation. Call Phillips Webster today to speak with an Avandia lawyer for a consultation and to review your legal options.

Seroquel Side Effects: AstraZeneca Finally Sees a Courtroom

Defective Drugs, washington defective drug attorney

February 19th, 2010: Law Blogger

SeroquelThe first trial is under way in a lawsuit filed by former Seroquel user Ted Baker, of Bastrop, Louisiana, are set to begin Monday in state court in New Brunswick, N.J.

Baker’s lawsuit is just a drop in the bucket for AstraZeneca’s legal woes. It is just one of about 10,400 lawsuits against the British company pending in U.S. courts. Many of these lawsuits allege that users of Seroquel contracted diabetes or other injuries by taking it. Up until now, AstraZeneca has been successfully engaging in Matrix-like bullet dodging to avoid defending itself before a jury. In some instances they even conviced judges to dismiss lawsuits before trials were scheduled to begin.

Up to this point AstraZeneca has incurred more than $650 million in legal defense costs for the Seroquel litigation. Of course, its ultimate liability could go higher if juries award damages or if AstraZeneca settles lawsuits.

Now, that legal account has been stretched even further. The company last year put aside $520 million for a looming settlement of a government investigation into allegedly improper sales and marketing practices for Seroquel.

What is Seroquel?

Both Seroquel and Zyprexa are known as atypical antipsychotics, designed to avoid some of the side effects of older drugs that treated schizophrenia and bipolar disorder. If you noticed the irony of a drug that is supposed to avoid side effects causes a life threatening side effect, give yourself a hand.

Seroquel, approved by the U.S. Food and Drug Administration in 1997, had 2009 sales of $4.87 billion, or 15% of AstraZeneca’s revenue.

With that kind of annual income, 10,400 lawsuits and $1.5 billion in legal costs doesn’t seem so bad. Investors are the only ones who are shedding a tear for AstraZeneca whose American depositary shares recently declined 26 cents to $43.65. Not much of a decline, but as the profits start hemorrhaging under legal costs, settlements, and judgments, they may seem a little despondent. Perhaps they will need some Seroquel of their own.

Some of the side effects of the drug that’s supposed to avoid side effects listed by the FDA are:

  • Neuroleptic malignant syndrome (NMS) These may be symptoms of a rare and serious condition that can lead to death.
  • High blood sugar (hyperglycemia) High cholesterol and triglyceride levels in the blood (fat in the blood).
  • Increases in total cholesterol, triglycerides and LDL (bad) cholesterol and decreases in HDL (good) cholesterol.
  • Increase in weight (weight gain)
  • Tardive dyskinesia uncontrolled movement in face, tongue, or other body parts
  • Orthostatic hypotension (decreased blood pressure)
  • Increases in blood pressure in children and teenagers.
  • Low white blood cell count
  • Cataracts
  • Seizures
  • Abnormal thyroid tests
  • Increases in prolactin levels
  • Increases in liver enzymes
  • Long lasting and painful erection
  • Difficulty swallowing

Not a pretty list of side effects. In fact, the list is actually longer than most drugs.

AstraZeneca Denies Seroquel’s Connection to Diabetes

DiabetesBaker is a Vietnam veteran who suffers from PTSD and another major depressive disorder. He was prescribed Seroquel in 2001. He was diagnosed with type 2 diabetes in 2004, but continued taking the drug until 2006 when a correlation was made.

AstraZeneca of course rejects the plaintiffs’ arguments. “The heart of this case is unproven claims that Seroquel caused diabetes in an individual patient,” said company spokesman Tony Jewell.

AstraZeneca said in a statement that Baker can’t show his use of Seroquel caused any weight gain of the extent or duration enough to cause diabetes. The company says the drug’s product label has always contained language addressing the chance of weight gain.

Yet, miraculously, they seem to ignore the fact that the largest cause of diabetes is weight. If their product caused weight gain one would conclude that any adverse of effects of increased weight would b added to the list, but that’s not so in their minds.

Baker’s lawyers declined to comment.

Did AstraZeneca Know About These Problems?

Plaintiffs in the litigation allege AstraZeneca knew of the drug’s risks in the late 90’s early 2000’s, but failed to adequately warn patients and doctors.

As part of the litigation AstraZeneca was forced to release internal documents last year that plaintiffs’ lawyers said demonstrated the company knew about certain risks of the drug in the 1990s but sought to obscure them.

The company says it fulfilled it’s responsibly by providing data to the FDA to develop product safety label information to help doctors weigh the drug’s risks.

But in the early 2000s, it became apparent that all atypicals including Seroquel carried their own risks. A study released in 2003 in the American Journal of Psychiatry found atypicals were associated with an increased risk of diabetes. At the FDA’s request, manufacturers including AstraZeneca added warnings to the drugs’ prescribing labels, describing the increased risk of high blood sugar and diabetes.

AstraZeneca Takes Out the Pharma Litigation Playbook

Seroquel is one of the 10 best selling drugs in the world, but it belongs to a class of therapies that has come under fire for safety risks and questionable marketing practices. There is a lot of profit to protect regardless of the fact their product makes patients so fat they start losing limbs to diabetes.

This is the first of many high-profile sets of personal-injury lawsuits surrounding a major drug since Merck & Co.’s (MRK) Vioxx litigation in 2004. Rival Eli Lilly & Co. (LLY), another behemoth in the pharmaceutical industry, has shelled out more than $2.6 billion to settle product-liability claims and government probes of illegal marketing practices for its antipsychotic Zyprexa.

AstraZeneca has a plan. Their strategy is much like what Merck’s did for its former pain drug Vioxx. Merck pulled Vioxx from the market in 2004 after a clinical study showed it raised the risk of heart attacks and strokes. Despite the reserach, Merck argued to a judge that it was impossible to prove that an individual’s heart attack was caused by Vioxx use. They contended that the heart attacks could have been due to other risk factors. Merck won enough lawsuits that attorneys in all of the remaining lawsuits against Vioxx agreed to a settlement of $4.85 billion in 2007.

AstraZeneca’s Other Problems: Crestor

In addition to the Seroquel case, a patent-infringement trial for cholesterol drug Crestor is scheduled to begin Monday in federal court in Wilmington, Del. In that case, AstraZeneca is trying to defend the validity of its Crestor patent. They’re trying to fight off generic competition before the patent expires in 2016.

The judge’s ruling in the case is expected by the end of July.

Defective Drugs

There are tons of different medications and they all have slight side effects. Some of them haven’t been adequately tested and sometimes to fatal consequences.

If you or a loved one are going through an ordeal with defective drugs it is important to seek legal council as well as medical council. This way you can protect yourself legally as well as physically. Call Phillips Webster for a consultation on your legal rights.

Avandia – New Study Announces Debilitating New Side Effect

Avandia, Defective Drugs, defective drugs attorneys

February 18th, 2010: Law Blogger

Avandia - Phillips WebsterA new study released by Henry Ford Hospital in Detroit, MI has found that women with type 2 diabetes who take drugs containing thiazolidinediones (TZD) such as Avandia to treat insulin resistance may be at higher risk for developing bone fractures.

The study – one of the largest groups to examine the longitudinal relationship between TZD use and fractures – appears in this month’s issue of The Journal of Clinical Endocrinology & Metabolism.

Avandia Side Effects Study Results

According to the study, women who take Avandia for one year or more raise their chances of having a bone fracture by 50 percent than patients not taking TZDs.

Further the study shows that women above the age of 65 with type 2 diabetes taking Avandia have an even greater risk. Their chances of having a bone fracture raise by 70 percent.
Dr. L. Keoki Williams - Henry Ford Hospital - Phillips Webster

“Older women are already at a higher risk of osteoporosis and osteoporosis-related fractures, which might explain why they appeared to be the most affected by TZDs,” says study senior author L. Keoki Williams, M.D., MPH, Center for Health Services Research and Department of Internal Medicine at Henry Ford Hospital.

The study was amongst both men and women, but the bone loss and fracture risk raised in women only. As study co-author Zeina A. Habib, M.D. put it:

“Although two recent studies suggest that men may also be at increased risk for fractures after TZD exposure, we did not observe this association for men, despite having nearly equal numbers of men and women in our study.”

Habib further elaborated that the study found African-American race-ethnicity was protective for fractures when compared with other race-ethnic groups, which were predominately Caucasian.

Avanida Side Effect Study Details

Dr. Williams and his colleagues conducted a retrospective study from Jan. 2, 2000 to May 31, 2007. The study covered 19,070 Henry Ford patients. Among the study group, 9,620 were women and 9,450 were men.

In the study timeframe 4,511 patients had at least one prescription fill for a TZD. The researchers used electronically maintained medical claims data to identify non-traumatic bone fractures. The increased risk in women appeared after approximately one year of TZD use.

The location of the fractures in this group also was unique. Typically, osteoporosis-related bone fractures in women involve the vertebra and hip. Yet, this study found that women who took Avandia had fractures in both their upper extremity and distal lower extremity such as arms, legs, toes, fingers, ribs, etc. Similar findings were observed in treated women older than 65, who were shown to have a 70 percent increased risk for developing similar fractures.

Fractures Are Especially Bad For Diabetes Patients

A report, published in the American Journal of Pathology, suggests those with diabetes may have increased production of an inflammatory molecule known as TNF that causes bone fractures to heal more slowly and less satisfactorily.

Dr. Dana Graves - Boston University - Phillips WebsterDr. Dana Graves and colleagues of the University of Medicine and Dentistry of New Jersey in Newark and the Boston University School of Medicine looked at bone repair in a mouse model of diabetes.

The loss of cartilage, the researchers say, was due to increased numbers of osteoclasts — cells that remove bone and cartilage.

“TNF-alpha dysregulation plays a prominent role in the recently identified catabolic events associated with diabetic fracture healing,” the study authors say in a statement.

When added to naturally occurring postmenopausal osteoporosis this can lead to a whole host of other physical and psychological problems such as:

  • Depression
  • Weight Gain during healing period
  • Higher risk of Infection
  • Permanent disability

Avandia: The Ever Growing List of Side Effects

“Fractures are just one of a growing number of problems associated with these medications. Henry Ford and other researchers have previously found that this class of medications also can increase risk of congestive heart failure hospitalization,” says Dr. Williams.

This is on top of the already extensive list of side effects which includes:

  • Sinus discomfort
  • Back pain
  • Fatigue
  • Dizziness
  • Arrhythmia (Irregular heartbeat)
  • Liver failure
  • Heart failure
  • Edema
  • Death

Protecting Yourself

Dr. Williams notes that there are other medication options available to treat insulin resistance in patients with type 2 diabetes.

“TZDs may put some patients at increased risk for other health issues, and I encourage patients to talk with their physician about other suitable options,” says Dr. Williams. “If the physician feels the patient should be placed on a TZD, routine screening for bone loss and prophylactic therapy to prevent bone loss and fractures may also be needed.”

If you or a loved one is affected by Avandia or related type 2 diabetes treatments, it is also recommended that you obtain legal representation. Call Phillips Webster for a consultation and to review your legal options.

Tioga Inc. Begins Phase 3 Clinical Trial on Asimadoline; IBS Pain Killer

Defective Drugs, defective drugs attorneys, defective products

February 17th, 2010: Law Blogger

Defective Drugs - Phillips WebsterTioga Pharmaceuticals Inc is a pharmaceutical company that is following the trend of the industry as a “virtual” pharmaceutical company. They are essentially a small team (one person or more) that are venture capital acquiring machines that have a concept and farm out all of the production, testing, and lab work to contractors. It is highly profitable, especially when the drug hits the market. Tioga Pharmaceuticals Inc. has just secured $18 million dollars from various sources and is going into the third trial of its new drug to treat Irritable Bowel Syndrome (IBS).

The trial, one of two registration trials required for approval in the United States, is a 600-subject randomized, double-blind, placebo-controlled, single-dose clinical trial in D-IBS patients. The trial is scheduled to begin at 120 sites in the United States next month.

Irritable Bowel Syndrome (IBS)

IBS is suffered by millions of people around the world. It is a disease that makes bowel movements painful and limits the sufferer’s comfort being away from facilities for extended periods of time. Some of the symptoms of IBS are:

  • Mucus in the stool
  • Bloating and gas
  • Constipation
  • Diarrhea, regularly or predictably
  • Immediate need to have another bowel movement after you’ve already had one
  • Sudden and strong urge to have a bowel movement
  • Abdominal pain and cramping that diminish after the movement

Asimadoline - Phillips Webster

What is Asimadoline?

Asimadoline is a drug that is listed as an analgesic or a certain type of pain killer. It is described by Tioga Pharmacueticals Inc. as:

“Asimadoline is an orally administered small molecule that is a highly selective, peripherally restricted, kappa opioid receptor agonist.”

A kappa opioid receptors (k-Opioid receptors) are widely distributed throughout the brain, spinal cord, and in pain neurons. They are particularly related to the central nervous system and gastrointestinal tract. Asimadoline suppresses the signals sent through the k-Opioid receptors.

What was the result of other clinical trials?

There have been many since 1998 when the drug was first starting to be tested. Animal trials had mixed results as they always do when testing proper dosage and extreme effects of over dosage.

Patient trials reported by the National Institute of Health (NIH) have been generally positive when treating IBS, but yet, the side effects of such studies were not given. Tioga Inc. also reported no side effects when they described phase 2 clinical trials:

“In a 596-subject Phase 2b clinical trial asimadoline demonstrated statistically significant results in the treatment of D-IBS patients with at least moderate pain across multiple parameters including endpoints of pain, urgency, frequency and bloating in both males and females. A therapeutic benefit was observed within the first month of treatment and was sustained for the three month duration of the trial. Asimadoline appeared to be well tolerated with no adverse events occurring in a dose-dependent manner throughout the randomized, double-blind, placebo-controlled, dose-ranging clinical trial.”

This is odd when there are currently no drugs in existence that have zero side effects, particularly a painkiller.

What are the side effects to Asimadoline?

Asimadoline is related to a whole family of drugs that act in a similar way to other forms of opioid receptors including Butorphanol, Menthol, and the popular over-the-counter party drug Salvinorin A.

In clinical trials with other similar drugs of the same family, there has been clear evidence to the tendency to cause hallucinations and other psychological effects. Hallucinations can go either way. As a hallucination is often sudden and may be perceived by the person as real there are several outcomes. They can cause a euphoric state and a sense of peace. They can also cause panic and rash sudden decisions that could be a detriment to the patient and others around them.

Though Asimadoline has not been registered with the FDA yet, the FDA may require further studies to test for the side effects under normal and adverse conditions. There has also been no trials as to the effects of the drug when taken with other medication.

Defective Drugs

If you or a family member are currently suffering from the adverse side effects of a medication that has been proscribed to you should know your legal rights. Call Phillips Webster for a consultation on how to protect yourself and your legal recourse.