How Serious Is The Novartis Painkiller Mix Up?

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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 Law Firm 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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What Is The New FDA Transvaginal Mesh Classification?

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This may not come as a shock to any of us, particularly people above retirement age, but the human design is flawed. Thankfully we have reached an age of medical technology where, if one of these flaws decides to afflict you, you’re not going to die in most cases.

This is true with an ailment called pelvic organ prolapse (POP), which effects women, particularly in their later years or after they’ve had children. POP happens when the muscles within the vaginal cavity that hold up the bladder and uterus weaken to the point that they can no longer adequately support the organs, thus causing them to sag, putting significant pressure on the area restricting the passing of urine and other complications such as pelvic organ prolapse and stress urinary incontinence.

Physical ailments such as POP are generally addressed with medical devices, like the transvaginal mesh or transvaginal sling. They are regulated by the Food and Drug Administration (FDA) and set into three general classes, Class I, II, and III. And it seems that the transvaginal mesh has a new designation, Class III due to the serious design flaws found in many of different products in the market.

FDA Transvaginal Mesh Reclassification

The FDA started out the new year with bad news for the manufacturers of the transvaginal mesh and transvaginal sling. They reclassified the device from Class II to Class III, which mandates postmarket surveillance studies to be performed by manufacturers of urogynecologic surgical mesh devices. This means that further approvals will be required to go through a trial of human testing prior to approval.

“Serious complications associated with surgical mesh for transvaginal repair of POP are not rare,” the agency wrote on its website, however, still confirming that the devices are needed. “It is not clear that transvaginal POP repair with mesh is more effective than traditional non-mesh repair.”

The FDA Classifications are:

Class I – General Controls

  • With Exemptions
  • Without Exemptions

Class II – General Controls and Special Controls

  • With Exemptions
  • Without Exemptions

Class III – General Controls and Premarket Approval

Transvaginal Mesh Complications

In 2010 alone, nearly 185,000 women underwent procedures. In July, an FDA report found a fivefold jump in deaths, injuries or malfunctions tied to the products. These changes come after several studies and thousands of reports of serious injuries associated with the devices such as:

  • Vaginal mesh erosion
  • Pain
  • Painful sexual intercourse
  • Infection
  • Urinary problems
  • Bleeding
  • Organ perforation
  • Recurrent prolapse
  • Neuro-muscular problems
  • Vaginal scarring

The FDA issued 88 postmarket study orders to 33 manufacturers of transvaginal mesh for POP and 11 postmarket study orders to seven manufacturers of mesh mini-slings for stress urinary incontinence (SUI).

Device manufacturers who are not only faced with transvaginal mesh lawsuits, are now also required to submit study plans to the FDA that address specific safety and effectiveness concerns related to the surgical mesh devices. Data from the studies will enable the FDA to better understand the safety and effectiveness profiles of these devices.

Researchers from one study published in the journal Obstetrics and Gynecology reported that about 15% of the women treated with vaginal mesh experienced complications. Unlike the FDA, they concluded that mesh did not provide greater benefits than the traditional surgical treatment in which a patient’s own ligaments are used to strengthen the vaginal wall.

The FDA approved of these devices under the controversial 510(k) approval process, which allows devices to be cleared for market, without any studies performed on patients, as long as they are “substantially equivalent” to existing products.

On November 21, 2011, the American College of Obstetricians and Gynecologists (The College) and the American Urogynecologic Society (AUGS) issued a Joint Committee Opinion opining that due to the concerns about the safety and efficacy of the use of transvaginal mesh to treat pelvic organ prolapse (POP), it should be reserved for high-risk women for whom the benefit may justify the risk.

Defective Medical Device Lawyers

Defective medical devices can seriously effect a woman’s health and could possibly do permanent damage to vital internal organs. This could result in extensive hospitalization and a series of surgeries that may not have been required is the device had been properly designed and tested.

The defective design legal team at Phillips Law Firm has been following this issue since it was brought to the attention of the public nearly six years ago. Since then we have been prepared to answer questions and listen to the stories of real people affected by defective transvaginal meshes and slings. Call theDefective Device Attorneys at Phillips Law Firm for a consultation on how you can get the justice and compensation you deserve.

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False Claims Lead to Billion Dollar Antipsychotic Drug Lawsuits

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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 Law Firm to represent their best interests. Phillips Law Firm will seek justice on your behalf and work hard to get you the compensation you deserve.

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Who Is Most In Danger Of A Car Accident On Winter Roads?

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Though this has been a relatively mild winter in much of the western United States, the weather can change at any moment and throw us for a loop. Snow in Florida this year should be evidence of that.

However, there’s one thing about winter weather that stay in common for all of us and that is snowy and icy roads, if you’re not prepared for them, can be deadly. And this seems to especially ring true for drivers in Western Washington, who, when it snows, seem to forget how to drive in snow all together.

Statistics show that during commutes in the Puget Sound, the majority of the vehicles are single occupant and a large portion of those occupants are males over the age of 28 and under the age of 65. This is significant, because according to researchers at Purdue University, when it snows, it is this demographic that has the most injury car accidents.

Purdue University Study

If you are a regular reader of this blog then you know full and well that young men are perhaps the most dangerous drivers on the road anywhere in the country, however, it seems that is exclusive to dry roads when they feel safer to push their vehicle to limits. Now, a study of drivers in the snowy state of Indiana shows a markedly higher risk of serious personal injury and death for men 45-years and older driving on snow and ice, women driving on rain-slick highways, and younger men driving on dry roadways.

Findings are based on an analysis of 2007-2008 police report crash data of 23,431 Indiana drivers and were detailed in a paper published in the September issue of the journal Accident Analysis and Prevention. The paper was written by Fred Mannering, Purdue University’s Charles Pankow Professor of Civil Engineering and associate director for research of Purdue’s Center for Road Safety, along with his doctoral student Abigail Morgan.

“I would say Indiana is pretty representative of the nation as a whole because it is average in terms of climate and socio-demographics, so these findings might be similar nationwide,” said Mannering.

Research showed some results that we may have been able to make an educated guess concerning men younger than 45. Results showed a 21% higher likelihood of severe injury while driving on dry roads than on wet roads, and a 72% higher likelihood of severe injury on a dry road than on snowy and icy roads. This was not true for older men and, surprisingly, women.

Males 45-years and older were found to be 5.5x more likely to be personally injured or killed when driving on snowy and icy roads than they are when driving on wet surfaces. Research also showed that older men driving pickup trucks were 81% more likely to be injured on snow and icy surfaces than those older men driving other vehicle types.

As we all know, women aren’t in any way exempt from getting into auto accidents on dry or slick roads. Women 45-years and older were more than 4x more likely to be seriously injured on wet road surfaces than when driving on dry road surfaces. Younger women younger (under 45 years of age) were found to be nearly 3x more likely to get into an accident on wet roads. Women in the older category also had a 44 percent higher chance of being severely injured on rain-slick interstate highways compared to other roads.

“This suggests that women drivers, on average, significantly underestimate the risk of a severe crash on wet roads and do not compensate for reduced friction on slick, high-speed roads,” said Mannering. “The best way to help prevent severe accidents is understanding the conditions under which they are most likely to occur.”

Having The Right Tires

Statistics explain a lot and many of us would like to think that we are exempt from some of the tendencies that the majority of people in our gender or age group engage in. However, over and over again we find that avoiding these statistics is virtually impossible because we’re all more alike than we’d like to admit. That’s why we recommend you take these statistics and not only adjust behaviors, but also plan for it by buying proper tires.

When considering the type of tread think about the weather you deal with most of the year. The thicker the tread the lower your gas mileage. An all season tire will displace water in the middle of the tire and deposit it out the sides of the tire for better traction. If you live in a place with little rain and higher heat then a performance tire may suit your needs.

All-season Tires – Typically these come in sizes of 14 to 16 inches and have a warranty of about 40,000 to 100,000 miles depending on price and brand. That means they will fit and accommodate nearly everything from small cars to light-duty SUVs and pickups. Do you have an older vehicle and want year-round traction, long tread wear, and a failry comfortable ride? This is the tire for you, but keep in mind that they lack the precise handling and grip of performance tires.
Performance All-season Tires – These are made for cars with larger rims and wheel wells as they come in sizes 15 to 17 inches. They have a higher speed rating than standard all-season tires and they generally provide better handling and braking. In general they have a lower profile (shorter sidewall height) and a wider tread print. They are a popular choice for many newer cars, but have a lower warranty of 40 to 60 thousand miles.

Northwest Car Accident Attorneys

Phillips Law Firm is a full service law firm with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.

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

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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 Law Firm for a free consultation.

National Actos Attorney

Phillips Law Firm 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 Law Firm for a free consultation.

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Could Increasing Car Insurance PIP Costs Lead To Injury Claim Denials?

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The roads have seemingly been getting safer over the past few years as car manufacturers build safer vehicles, road/civic design becomes more advanced, and driver education becomes more effective. This has led to a downward trend in car accident and personal injury claims against insurance companies.

The insurance companies love this because this means more profit (god forbid they lower their rates as a result). However, this trend may be changing. New findings from an Insurance Research Council (IRC) study of auto injury claim trends indicate that the costs associated with auto insurance injury claims have begun to inch their way up nationwide.

Any surge, however insignificant, not only could mean an adjustment in rates in order to shore up shareholder growth expectations, but it could mean an increase in tactics used by auto insurance companies to avoid or outright deny personal injury protection (PIP) claims.

Surge in Claims or Costs?

The report called “Trends in Auto Injury Claims, 2011 Edition,” documents automobile personal injury claims by state, using private passenger auto claim data from national and state-level statistical reporting agencies. They then review the data and give both national trends, but also predictive synopsis.

You see, even though the average cost of injury claims has been increasing steadily in the last several years, the number of claims has actually stayed steady. This has produced relatively stable personal injury claim cost projection per insured vehicle. However, the study data shows that on a national basis, the claims show no sign of decreasing like they had been in the past few years.

Still, this has caused the insurance companies to fear higher costs overall. PIP claim costs per insured vehicle increased more than 18% from 2008 to 2010 according to the report. In fact, 2010 marked the first year since 1994 that bodily injury (BI) claim frequency did not decline and this extended into 2011.

“These are not encouraging findings for insurers or drivers,” said Elizabeth Sprinkel, senior vice president of The Institutes. “While we hope these findings represent temporary conditions, we can’t be sure that is the case and can’t afford to ignore the factors driving rising claim costs.”

Methods of Avoidance

Insurance companies are particularly adept to keeping their costs low and their profits high. They do this by influencing legislation through robust political contributions to using marketing tactics to shame consumers into thinking that they are in some way taking advantage of the system by claiming what is rightfully (and contractually) theirs.

Insurance companies often send representatives to hospitals to speak to injured individuals, contact family members, and use other nefarious methods to discourage claims or encourage fast settlements far below what is needed or fair. This is all done in the name of profit. We encourage victims NOT TO SIGN ANYTHING unless legal council is present.

Some methods of claim avoidance that may require you to retain legal council are:

Delayed Claims – This is a method in which the insurance company makes the process so long and tedious that the claimant forgets details, becomes disorganized, and frustrated (perhaps to the point of yelling). This allows the company to further delay or reject the claim on basis that is unrelated to the incident itself.

Long Review Periods – This is part of the delay process, but could result in claims that go to overloaded committees that could have a stockpile of hundreds (or thousands) of cases, yet, these committees have a limited review period and only meet a few times per month.

Police Report Disputes – The company can disagree with the police report and use these disputes to deny a claim. Without experienced legal council on your side this is very hard to reconcile.

Customer Service and Paperwork – Paperwork and the runaround by customer service agents is another way of frustrating claimants into just giving up. Who cares if they lose your business? It saves them money in the long run and the insurance company you threaten to go to may actually be owned by the insurance company you just left.

Many consumers don’t experience these problems for base claims that don’t result in injuries. Once these become PIP claims the costs spike. Injury claims then fall into a whole different category of treatment.

Insurance companies are not in the business of paying out on claims. If they were, the insurance industry in America wouldn’t be one of the largest industries in the world whose annual profits eclipse the GDP of most third world countries.

Puget Sound Personal Injury Attorney

All in all, the answer to the question above is “yes,” the insurance companies could very well use the increased PIP costs to justify denying victims in need from the insurance that is rightly theirs. Though it shouldn’t be required, sometimes an injured party and their loved ones need an experienced legal advocate on their side to expedite the process and circumvent the blatant red tape set in place to discourage victims from seeking compensation they deserve.

If you or someone you know has been injured in a car accident anywhere in Washington state, you need a skilled lawyer to deal with the insurance companies to assure you the best settlement. Call the Seattle car accident attorneys at Phillips Law Firm for a free consultation.

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Can Dental Surgery Lead To A Medical Malpractice Lawsuit?

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“Dental Fear” or fear of dentists seems to be one of the most prevalent phobias in society aside from fear of heights, bugs, and snakes. In fact there are people who will avoid the dentist at the detriment of their own health and appearance in order to quell their fear. It stems from the fact that teeth are so sensitive and the pain to teeth can be intense. Add the sounds of the drilling and the scraping and it’s enough to cause anyone to have a few butterflies in their stomach.

Unfortunately, missing teeth and bad teeth can keep a person from gainful employment or finding a serious relationship. But perhaps what ultimately drives people to the dentist is the pain of avoiding them in the first place as teeth rot and gums recede. Studies have also shown that dental health is also directly linked to a person’s overall health. However, just like any other medical procedure, there are serious problems that can arise.

Dental Surgery Complications

Medical malpractice lawsuits in Washington State are commonly brought against the doctors and staff of the hundreds of hospitals and clinics across the state for everything from medication errors to surgical errors that either lead to medical injures or wrongful death. However, very few people who are injured or die while getting surgery in a dentist’s chair know that the options for medical malpractice extend to dentists.

Some of the complications that lead to medical malpractice lawsuits are:

Anesthesia – Sedation using gas or other methods are needed to avoid pain, but can also be deadly, especially to children, the elderly, and people with other medical conditions. The American Academy of Pediatric Dentistry (AAPD) recommends that three staff members are present when deep sedation occurs in a dental office. The anesthesia provider should be a licensed medical or dental practitioner with certification for providing anesthesia; he should monitor the patient’s vital signs, airway patency, cardiovascular and neurological status and adequacy of ventilation.

AAPD also says the operating dentist and clinical staff need to maintain current expertise in basic life support in case something goes wrong. Deaths can also occur with local anesthesia. As of Oct. 2008, RDH Magazine reported it was legal in 43 states for dental hygienists to administer local anesthesia and 26 allow them to administer nitrous oxide.

Nerve Damage – The most common complication with dental surgery is permanent nerve damage, which causes numbness of the tongue, lips or cheeks. More than 11,000 people in the United States are effected annually, according to a 2007 report in the American Journal of Public Health. This can seriously effect the person’s diet, quality of life, and even the way they look as they can often loose muscle control in their face causing it to droop.

Emergency Services – In the 2001 book, Forensic Pathology by Vincent J.M. DiMaio says stress, fear and pain coupled with anesthesia can precipitate a heart attack. One of the most common causes of death in a dental chair is an overdose of a general anesthesia that causes unconsciousness. Further, other experts have found that some people can stop breathing in the dentist chair and staff members are not properly trained to revive them or keep them alive until the ambulance arrives.

Defibrillators – These life saving devices that administer an electric jolt to the heart when it stops due to heart attack or stroke while in the hospital are now becoming much more common in dentist offices due to changes in AAPD recommendations. Unfortunately, several problems have been identified in dental death cases surrounding the use of defibrillators. Despite AAPD guidelines, dentists’ offices may not have working defibrillators, furthermore, dental personnel may not be trained in life support.

Wisdom Teeth

Wisdom teeth are located on each side of the back of the bridge of teeth, both upper and lower. They are generally the last to come in, developing in teenage years to early 20’s, but some people later in life. Experts hypothesize that they are a later evolutionary development in humans in order to break down meat further.

Now, wisdom teeth are considered not needed and the American Association of Oral and Maxillofacial Surgeons strongly recommends that young adults have their wisdom teeth removed to “prevent future problems and to ensure optimal healing.” However, some in the dentistry community contend that the science supporting prophylactic extraction is not substantial enough to support a sweeping policy across the dental community.

American dentists and oral surgeons pull 10 million wisdom teeth each year costing patients and insurance companies more than $3 billion annually. It is the profitability of the procedure that mitigates a sweeping policy that could be potentially deadly. Wisdom tooth surgery has been linked to jaw and tooth fractures, brain tissue infections, life-threatening bleeding and hypoxia. But studies suggest no more than 12% of impactions lead to infections or damage to adjacent teeth — roughly the same incidence as appendicitis. No medical associations recommend prophylactic appendectomy.

Medical Malpractice Attorney

Dentistry is a highly trained and specialized medical field that is essential to society. It is also a multibillion dollar industry that can have serious consequences on patients if not done correctly by a doctor and staff that constantly updates themselves on the latest procedures. Dentists not taking the proper steps to protect patients resulting in medical injuries or wrongful death can be construed at medical malpractice and there are ways for patients to seek justice through compensation.

If you or a loved one have been severely injured or killed by suspected medical malpractice then it is important that you find experienced council that can clearly explain your rights and represent you in your fight to protect those rights. Call Phillips Law Firm for a consultation on your legal options.

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Are The Crosswalks Near My Child’s School Safe?

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Many municipalities and schools around the state like to say that they are extremely concerned about the welfare of children as they walk to and from school. These sentiments are sincere and shared by all caring individuals in a community. This is why school zones are established, crossing guards are hired or volunteer, conduct while crossing the street is taught to the kids, and speed limits are strictly enforced.

However, as we monitor the news, we find that a child is hit by a car, and personally injured or killed everyday somewhere in the United States. There are tons of reasons why this happens, but many times the culprit lies in the fact that school traffic is only monitored to a certain point and in many cases these zones flow into residential areas that have no speed bumps, crosswalks, or sidewalks for that matter.

However, dangerous routes and intersections can be identified and the Washington Traffic Safety Commission (WTSC) has created a program that could help make them safer.

Identifying Problem Areas

Some parents choose where they are going to live and raise their children specifically around the quality and proximity to schools. Even with that, one thing that makes any parents extremely nervous is setting their elementary school aged kids loose to travel to and from school.

Some parents choose to forgo the stress it causes by adjusting their schedules around the school schedule in order to pick up their kids, however, some parents don’t have this option because either their work is too much of commute to accommodate that schedule or their job doesn’t allow flexibility. Regardless, there are ways to make the route a little safer.

Identifying Dangerous Intersections

Walk the route to school alone searching for the safest route that feature:

  • Side walks
  • Crosswalks
  • Lights
  • Light traffic
  • Other kids
  • Direct the route toward crossing guards

Walk or ride you bike along the route to school with your kids several times:

  • Point out dangerous places to avoid.
  • Show them the correct way to cross as each crosswalk.
  • Show them the correct side of the street to walk/ride on.
  • Show them good habits.
  • Show them what to do, where to go if they feel in danger.
  • Time the route and set an after school schedule.

Create a Safe Network:

  • Get to know other parents who allow their kids to walk/ride to school and create a walking/riding group.
  • Find out if there is a parent or friend that live along the route that the child can go to if they run into danger while on the way home.
  • Meet the crossing guards.
  • Know who at the school is in charge of the safety of the walking/riding children.
  • Ask local law enforcement about problem intersections and pedestrian accident reports.

Changing Routes To Make Them Safer

Children will cut corners where they can. Young children will generally stay within designated routes, but as they get older and more independent, parents find that their kids will cut through fields, cut through alleys, and even yards in order cut mere seconds off of their route to school. In doing this, these short cuts could lead to dangerous intersections. That’s why the WTSC has put aside some money to help parents change things in their community.

School Zone Flashing Lights Grant – After identifying an intersection (or even a non-intersection), go to your school official and ask them to review and endorse your intent to place a flashing warning light. Then contact WTSC, fill out the proper forms, have the official sign them, and apply for the grant.

Mini-Grants Under $500- WTSC will set up equipment (vests, flags, etc), a set of rules, and training if you want to create, update, or expand a crossing guard program. You just need to find an advocate at the school, fill out the proper forms from WTSC, and have that official sign them. Note: this is only in school zones

Law Enforcement Equipment Grants – WTSC will also provide more radar guns and rain jackets for law enforcement that patrol school zones. This will make local law enforcement happy and may inspire an extra patrol here and there along common school routes.

Seattle Pedestrian Accident Attorney

Phillips Law Firm represents families of victims who have been injured or died in car accidents in Washington state. They are skilled attorneys in wrongful death lawsuits and personal injury lawsuits with years of experience that they will use to assure the you get the compensation you deserve. Call today for a free consultation.

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Can Spinal Cord Compression Suffered In A Car Accident Effect Brain Function?

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Spinal cord injuries suffered in car accidents are incredibly common and sometimes they can turn out to be far worse than Emergency Medical Technicians (EMTs) or emergency room doctors may have diagnosed at the scene of the accident or immediately after. This can be due to swelling, adrenaline masking pain, and more serious injuries taking priority causing medical staff to miss other injuries that they consider minor at the time.

Spinal cord compression is one of those accidents that can be overlooked, but research has shown can have serious consequences on the victim that last far into the future. It can happen in many different ways in a car accident, but essentially is caused by pressure on the spine. The vertebrae compress together, which can cause a myriad of problems such as herniated disks and spinal cord swelling, but worse, may seriously effect the nerves.

Symptoms of Spinal Cord Compression

These spinal cord injuries can be masked initially by pain medications and if left untreated or not adequately treated, according to some new research, can lead to some serious motor control issues and problems with brain function. But how do you know they’re happening?

Symptoms of spinal cord compression:

Bowel and Bladder Issues – Several victims of spinal cord compression have found that their injury effects their bowel and bladder function. These issues range from constipation to incontinence. Victims with more severe spinal cord compression may require the use of a catheter to empty their bladder or a suppository to empty their bowels.

Pain – Spinal cord compression pain ranges from minor discomfort to severe radiating pain, depending on the degree of nerve damage or disruption. It may be localized (close to the site of injury), or it may radiate down a nerve or nerves to other areas of the body.

Muscle Weakness – When spinal cord compression involves motor nerves (the nerves that supply the muscles), muscles may be weak or incapacitated. How this weakness is manifested depends on the location of the compression. High cervical spinal cord compression might make it hard to lift the arms, whereas a lower cervical compression may cause a weaker grip. More serious spinal cord compression can effect the muscles in the lower body.

Muscle Spasms – When spinal cord nerves are compressed, they may cause certain muscles to flex or tighten. These spastic muscles may remain “frozen” in a certain position or may simply take longer than usual to relax. Muscle spasms may also occur. Depending on the degree of cervical spinal cord compression as well as the level of the injury, spasticity may affect the muscles of the arms, legs or both.

Sensory Changes – The cervical spine contains nerves that detect sensations in the upper extremities and pressure due to a spinal cord compression injury can change the way the brain interprets how things feel. Victims have reported a tingling, pins and needles, or numbness in their shoulders, arms or hands. In cases of severe cervical spinal cord compression, a person may suffer paralysis.

Spinal Cord Compression Research

Spinal cord compression can lead to spinal cord degeneration, which can either be treated by physical therapy or surgery. Medical professionals are still trying to understand the relationship between the spinal cord and the brain. Thus, this makes many in the medical establishment reluctant to turn to surgery on either the brain or spinal cord without more of an understanding of this relationship.

Thus the research study just conducted by Dr. Duggal, an associate professor in the Department of Clinical Neurological Sciences at Western’s Schulich School of Medicine & Dentistry, Dr. Bartha, an imaging scientist with Schulich’s Robarts Research Institute and an associate professor in the Department of Medical Biophysics, and Kowalczyk, a PhD candidate.

“When patients undergo surgery for spinal cord compression, some improve, some stay static and some continue to get worse. We’re trying to understand which patients we can actually help and which patients will have limited benefit from surgery,” Dr. Duggal said.

They studied 11 healthy “control” patients and 24 patients with reversible spinal cord compression. Researchers had the study participants do a simple motor task, tapping their fingers, while undergoing a 3 Tesla functional MRI scan. This test identified the parts of the brain that were involved in performing this movement, which is often impaired in patients with spinal cord compression. According to this study, the patients with spinal cord compressions also had changes in the motor cortex of the brain.

“We’re looking not only at the mechanisms of the spinal cord, but also, what’s happening in the brain and how it responds to injury in the spinal cord, and whether there is any plasticity or ability in the brain to compensate for injury,” the study said.

Once researchers had localized the area, they examined it using proton-magnetic resonance spectroscopy to look at a range of different chemicals or metabolites such as neurotransmitters and amino acids. The goal was to determine whether the levels of these chemicals were any different in the subjects with spinal cord compression.

“Surprisingly, we saw a 15% decrease in the level of N-acetylaspartate to creatine in those with spinal cord compression. And this is really interesting because N-acetylaspartate is an amino acid that goes down when you have neuronal injury or when neurons are dying,” said Dr. Bartha. “I wasn’t expecting to see such a large change in the brain from spinal cord compression.”

The researchers are still trying to untangle whether this change is something that occurs over time, with the injury from the spinal cord propagating back into the brain. This finding has implications for whether or not the condition is reversible, and who may benefit from surgical procedures. The next step, currently underway, is to study whether metabolic levels in the brain change after surgery.

Washington Spinal Cord Injury Attorney

As you can see, compression injuries in a car accident can result in long term consequences that could keep the victim from being able to retain their same level of employment and could seriously effect their quality of life. Victims with suppressed motor and brain function could find themselves eventually not being able to conduct normal tasks and could require expensive help to retain some semblance of a normal life. This requires ample compensation for the negligent parties that caused the car accident.

Phillips Law Firm is a full service law firm with a substantial track record of success Personal Injury Litigation. We take the time to fully assess the injured party’s case in order to assure that the victim receives the compensation they deserve. Call our Personal Injury Attorneys today for a free consultation.

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

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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 Law Firm will fight hard for you to get you the justice and compensation you deserve.

Phillips Law Firm 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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