What is a Defective Drug?

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In society today we like to make fun of side effects. We watch drug commercials on television about pharmaceuticals with various functions and there is a deluge of side effects listed in quick succession somewhere in the commercial ranging from dry mouth to death. That’s right, even if a defective drug has a chance of killing the patient they will still advertise it and, worse yet, healthcare professionals will still prescribe it. It seems crazy, but true.

Patients can try to consult their physicians about any drug approved by the Food and Drug Administration (FDA) and get a whole book of literature regarding their physiological effects both beneficial and detrimental.

Once the patient has slogged through the confusing language of the literature and gotten the layman’s explanation from their doctor, they weigh the options and usually just end up taking the pill anyway because notion of a profit over patient system is generally too much for any decent person to fathom.

This sad truth is aired out in courtrooms across the nation every year as patients find that the drug they took actually made their ailment more severe or caused a new, more critical ailment to crop up. Whether the case settled out of court or is taken to trial, thousands of victims are fighting giant global pharmaceutical conglomerates who have figured out that they can factor lawsuits into the cost of a defective drug and still come out with billions.

What is a defective drug?

A defective drug in its simplest form is a drug who’s health risks outweigh the benefits. But there are many different circumstances in which a drug can be defective.

Ways drugs can be defective are:

Manufacturing – Drugs and their packaging are manufactured all over the world with different standards and the standards of the drug factory may not correspond with that of the package manufacturer. An example of this was in 2011 when Johnson & Johnson and their Children’s Tylenol line of cough syrups were found to have foreign debris (dust, plastic and metal shards, etc) and in some cases a rare infectious bacteria on their product produced in their facility in Porto Rico.

Dosage – A consistent dosage in a drug is incredibly important. The reason for this is that reactions to the drug is on a patient-by-patient basis and some smaller, more frail, or older patients might have to strictly regulate their dosage. If the pill’s dosage is inconsistent it could have serious consequences. GlaxoSmithKlien, the manufacturer of Paxil found this out in 2010 when they were fined $750 million for inconsistent doses in their antidepressant drug after their lack of regulation was exposed by a whistle-blower.

Labeling – The labeling of drugs is very serious. There is regular labeling and then there is “black box labeling” imposed by the FDA. This is when patients need to be especially concerned about certain risks of a particular drug. Many drugs have this imposed on them and it should be closely observed. An example of this is Pfizer and the embattled antidepressant Zoloft, which was recently ordered to change their packing over the “suicideality” side effect after adolescent patients were found to have potentially fatal thoughts of suicide due to the drug.

Side Effect Discovery – Side effect discovery after the introduction of the drug onto the market is very common. This is generally due to the fact that many drugs are rushed to market without the proper amount of testing. An example of this Merck’s painkiller Vioxx, which studies found caused thousands of heart attacks prompting the largest drug lawsuit to date with a total cost of almost $5 billion dollars for Merck.

Selective Testing – Selective testing is suspected to be an epidemic in the pharmaceutical industry where they have many different studies of their drugs going on at the same time, then pick and choose the studies that best suit their needs. They then present these findings for the FDA to review for approval. This could ignore or gloss over what could potentially be a serious side effect. An example of this is what happened with another Glaxo drug Avandia, where there is speculation that the company knew about the heart attack risk of the drug prior to bringing it to market.

Sponsored Testing – There are many (in fact most) studies that are sponsored in part or directly by the drug manufacturer to the lab or study group. Proportionately these studies result in stellar results for the drug. Avandia is another good example of this as they presented evidence that the drug had little to no connection to heart attacks as evidence from the Journal of American Medical Association, FDA, and a US Senate committee all revealed otherwise.

Off label selling – Off label selling is when a drug rep or company touts benefits of a drug outside of its normal FDA approved functions. This is another epidemic behavior amongst pharmaceutical companies that persists today even though it elicits millions of dollars of fines from FDA regulators every year. A prime example of this is Bayer’s top-selling birth control drug Ocella. It was up-sold to both healthcare professionals as everything from preventing the symptoms of premenstrual syndrome to treating acne. Neither of these functions had been tested or been approved by the FDA.

Advertising – The commercials and ads that companies push out to the public can be just as detrimental. Though a laundry list of side effects can (and must) be named, the advertisement through the wording, images, and other aesthetic elements can deceive the potential recipient into something that the drug is not. This behavior caused Bayer to pull their ad over their next generation birth control drug YAZ after the images of off label benefits not approved by the FDA were flashed across the screen written on balloons as the serious and potentially deadly side effects were quickly rattled off.

Defective Drug Attorneys

As you can see, the simplest definition of a defective drug is far too elementary of an explanation because most drugs stay on the market even after they have been found to be highly detrimental to a large portion of their patients. “Regulation over recall” is the FDA’s preferred method. How can this possibly be when protecting the public is supposed to be their priority? Because 80% of their funding comes from the drug companies themselves rather than from the public sector. That funding keeps the agency so small that it is seriously limited in its ability to legitimately regulate an industry with seemingly limitless resources.

That is why lawsuits are so incredibly important in order to protect the rights of the patient. In a system that is proportionally balanced toward profit over the patient, the only weapon victims have is to use their legal right to seek justice.

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 Traffic Safety Culture (TSC) In Washington State and What Does It Look Like?

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Living in Western Washington can by trying to say the least. It seems as if it is a constant traffic jam no matter where you go. Is it bad planning, bad driving, or bad policy? Some advocates of the concept of the Traffic Safety Culture (TSC) suggest that it could be a combination of all three and the Puget Sound area is not an exception.

Bad Planning – Part of this can be attributed to bad engineering plain-and-simple on the side of city planners. These include common things you’ll find in Western Washington such as surface streets merging into the fast lanes of freeways, merging freeways into other freeways without the option of dispersing into a major arterial into the city, and of course closing surface streets at certain times to traffic during rush hour to only transit.

Bad Driving – According to All State Insurance company, Western Washington Drivers are some of the worst drivers in the country. We examined this in our article, “Why are Western Washington Drivers Ranked So Low On Safety?” We set forth the argument that it is impossible for drivers in one area of the United States to be worse than another purely for regional reasons and that there have to be other factors such as weather, policy, legal ramifications, and civil design involved.

Bad Policy – Washington may not be suffering from bad policy. The reason for this is that our state has some of the most stringent policies in the country when it comes to distracted driving, driving under the influence (DUI), and speeding. This is apparent with Governor Chris Gregoir’s aggressive Target Zero program. This program implemented in 2010 vowed to eliminate traffic deaths by 2030…you read that right, eliminate traffic deaths. Creating a Traffic Safety Culture is a giant part of the success of this policy and advocates say that it is achievable. Governor Gregoir certainly does.

What is a Traffic Safety Culture?

The white paper published on the subject by the Department of Preventive Medicine & Biometrics entitled, “Towards operationalizing and measuring Traffic Safety Culture” examined the topic of TSC by tackling it in an academic manner. They examined the term and the definitions presented by others writing on the subject. They define it as:

“A social climate in which traffic safety is highly valued and rigorously pursued.”

This rather sweeping definition does not address the many elements that surround the creation and perpetuation of a TSC. These elements include:

  1. Society needs to be fully conscious that there is a problem in the first place.
  2. There also needs to be agreement that the problem needs to be addressed.
  3. Society has collective commitment to safety.

Only when these things are achieved will any of the many specific problems that cause serious car accidents and vehicular deaths be fully addressed.

Do we already live in a Traffic Safety Culture?

Some may argue that TCG is already happening, particularly in Washington State. They would cite stricter laws such as the ones cited above (DUI, etc). Others suggest that society is far from a TSC citing the fact that car accidents remain the leading cause of death amongst all people between the ages of 16 and 35. Looking at the elements below, one may conclude that we do already have a thriving TSC, however, the numbers of deaths and injuries are hard to deny.

Things being done to form a TSC:

Laws – Making social rules is a political process and politicians run on platforms based only things that they or they think their constituents are most concerned about. These things can be good for traffic safety or detrimental. An example of this was the defunct abolition of the speed limit in Montana. It was found that the law may have encouraged bad and dangerous driving behavior and might have been linked to some serious wrongful deaths that could have been prevented.

Consequences – Consequences for breaking certain laws are considered one of the biggest deterrents from dangerous behavior. This has shown to be true. As consequences become more stringent for DUI in Washington State, the rate of re-offense has decreased considerably. It is not completely known what kind of impact on first offenders the increased consequences has had on first offenses, but studies suggest that an increased number of people consider the legal and social consequences when making decisions to go out drinking and then driving home.

Advertising – The aggressive advertising done by State and Federal agencies has had an impact on the number of deaths on the road from seat belt use to drinking and driving, distracted driving to drowsy driving. However, these behaviors are still rampant amongst less experienced drivers and younger drivers.

GDL – Graduated Driving Laws are meant to give certain milestones based on age that allow new drivers to gain the experience they need to drive at night and with passengers. Unfortunately some very strong studies have come out questioning these laws and saying that they only postpone behavior and may even encourage dangerous behavior amongst teenage drivers. We examine this in the article, “Are Strict Teen Driving Rules Really Protecting Teen Drivers?”

Technology – The car manufacturers have made great strides in creating safety features that they can use to sell their cars. These are purely economically driven. This is proven by the car manufacturer’s historical reluctance and slowness to embrace safety until they found out that it sells cars. Now, they are forming technology that detects other cars, drunk driving, and potential danger before it happens in order to prevent accidents.

Social Mores – Social mores (more-ay-s) are behaviors that are looked down upon by society to such a degree that behaviors displayed by individuals could effect their relationships with peers, coworkers, and family. Some newer social mores that have formed recently include smoking, excessive drinking, and wearing fur. These have begun to extend to DUI, but have yet to be recognized in association with distracted driving and speeding.

Seattle Car Accident Lawyer

There are many strides being made legally to aid in the TSC. By forcing a monetary consequence on individuals and insurance companies, the lack of proper safety on the roads becomes very tangible to both private industry and the public sector. Individuals may be safe drivers, but those who take their own lives in their hands by speeding, DUI, drowsy driving, and distracted driving need to recognize that they are putting everyone around them in danger, not just themselves and their passengers.

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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What Are Paxil Birth Defects?

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GlaxoSmithKline introduced their antidepressant Paxil to the market in 1992. Since then it has enjoyed billion dollar annual sales keeping people from feeling the effects of depression. Upon introduction, the general side effects were well known from clinical trials: insomnia, confusion, fainting, the list goes on. However, the list has grown since then.

Paxil (Paroxetine) is what’s known as a “selective serotonin reuptake inhibitors” (SSRI), which inhibits the reuptake of serotonin, a naturally occurring enzym produced in the body that gives a pleasant sense of well-being.

Oddly, one of the major problem side effects found years after the introduction of Paxil was suicidal thoughts and suicide ideation, which is particularly problematic with adolescent patients. Glaxo was remiss in adequately testing the drug on adolescent patients before adding that group to eligible recipients. That oversight may have caused some potentially deadly behavior. Now, another more fragile group is living with some life long consequences.

Paxil Birth Defects

It was only in the last decade that the Food and Drug Administration (FDA) became aware of the potential connection between Paxil and a veritable laundry list of birth defects. This is due to the common presence of depression in pregnant women, but, like with the suicidal ideation side effect, there potentially was inadequate testing before introduction to pregnant women. Now, there is a much larger population of victims who are living with the consequences of Glaxo oversights for a lifetime.

Paxil Birth Defects Include:

Anal Atresia – The child’s anus is either non-existent or placed in the wrong place on the body. Males can have the anus connect to the wrong organ such as the large intestine or the bladder, girls can have their anus grow as part of their vagina or also connect to their bladders. This requires major surgery.

Anencephely – This is a common neural tube defect that obstructs the development of the brain. Either the brain does not exist in the child at all or there is not adequate development that the permits the child to exist with any semblance of normality. There is no treatment.Cleft lip or palate – This very common birth defect that is a result in the lack of adequate tissue to form the roof of the mouth and upper lip. This results in the child having serious eating and breathing problems. They are also prone to infection if not properly treated. Surgery (both oral and cosmetic) is required to remedy this ailment.

Clubfoot – Clubfoot is a relatively common birth defect and is usually an isolated problem for an otherwise healthy newborn. Clubfoot happens when the baby is born with a foot that is twisted out of shape or position. Treatment is uncomfortable and potentially painful to the child, but fixable depending on the severity of the defect.

Coarctation of the aorta – The aorta is underdeveloped, where as part of the aorta is narrowed. This makes it hard for blood to pass through the artery resulting in inadequate blood flow to the rest of the body leading to serious arterial consequences later in life if not detected. A stint can be placed to widen the area and depending on the severity, grafting has been required.

Congenital Heart Defects – These are defects in the structure of the heart that present themselves at birth. They may be minor or may require a total heart transplant. Regardless, this defect requires major surgery.

Craniosynostosis – The head develops in a series of sutures in the bone. If they connect or develop to soon then the result could be the child having an odd shaped head. Treatment must be done at birth while the child’s head is still malleable in order to create proper room for the brain to grow, to relieve pressure, and perhaps fix some of the shape.

Infant Omphalocele – The abdominal muscles of the baby don’t properly develop leaving them unable to adequately contain the intestines causing the organs to pop out of the belly button. This is generally accompanied by other serious defects and is left for the child to develop more defined abdominal muscles, then surgery is done to adhere the muscles and do cosmetic reconstruction.

Lung Defects – There are many types of lung defects from blood flow, to deformity, to underdevelopment. These are addressed separately with varying treatments that can be resolved through incubator or surgery, however, the child may have breathing problems for the rest of their lives.

Patent ductus arteriosus – A blood vessel called the ductus arteriosus fails to close normally (“patent” means open). Soon after the infant is born and the lungs fill with air, this blood vessel is no longer needed. It will usually close within a couple of days. If the ductus arteriosus does not close, there will be abnormal blood circulation between the heart and lungs. Treatment involves inserting a catheter to drain the blood and waiting to see if it closes later. If it doesn’t, surgery may be required.

Persistent pulmonary hypertension of the newborn (PPHN) – The newborn’s circulation has not made the normal transition from fetal circulation to normal newborn circulation. Similar to patent ductus ateriosus above, fetal blood vessel does not close. PPHN causes the blood to be directed away from the lungs and resulting in birth asphyxia due to dangerously low oxygen levels. Even if this is averted, the baby is still in serious danger of infection. Surgery is required in serious cases.

Spina bifida (Myelomeningocele) – During the first month of a pregnancy, the two sides of the spine join together to cover the spinal cord, spinal nerves and the tissues covering the spinal cord. Spina bifida refers to any birth defect involving incomplete closure of the spine. This requires major surgery, physical theraly for the child, and potentially special aparatus.

National Paxil Attorneys

Parents who have dealt with a sick infant or the death of their newborn can tell you that it is one of the hardest things a person can go through in their lifetime and can result in broken families and broken lives. It’s made worse when their child’s birth defects or developmental problems were related to Paxil and they weren’t properly informed of the dangers.

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

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What Are the Problems With the Transvaginal Mesh?

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Surgical procedures are generally very intimate and personal, some more than others. A transvaginal mesh is one of those procedures. Thousands of women face the decision to have one put in their bodies every year. It not only gives women a much more comfortable quality of life, but could also save their lives.

However, certain lines of this medical device have been found to cause more problems than helped. You see, it is a device that is meant to replace a natural function in the body that keeps the organs in place and helps a woman’s internal organs functioning normally.

It is essentially a “surgical net” made out of prolene, a synthetic monfilament nonabsorbable polypropylene suture that is a finely constructed synthetic mesh that us generally used for skin closure. It is intended to hold up the bladder and uterus to avoid discomfort and urinary problems.

The need for a transvaginal mesh arises 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.

Installing a transvaginal mesh is a 20-minute outpatient procedure that is considered not invasive. But reversing the procedure is far more involved and could involve a more significant procedure depending on the seriousness of the ailment that caused with need for the removal of the device.

Problems Associated with Transvaginal Mesh

Since the medical device was introduced in 1996, it seems to have been going through a bumpy road of testing. Perhaps because much of this testing is human testing. Though in theory the concept behind transvaginal meshs seems sound, the reality is that they are far from fully developed and in some cases have been found to be highly detrimental to the patient. This is because they can cause some serious ailments.

Transvaginal mesh problems:

Erosion – This is exactly what it sounds like, the actual depletion in the strength or integrity of the materials that allow the mesh to keep the organs in place. When this happens, the material must be adequately removed before a new mesh is put back in.

Infection – This is probably one of the worst consequences of the device. The mesh cuts into the flesh of the organs and the open wounds get infected. This is different from the normal bladder infection, which is located inside the organ. An internal infection could result in hospitalization, could spread to other organs, or could result in death of the patient.

Granuloma – This is a build up of cells around the mesh that could result in calcium deposits around the organs where the mesh touches them. This has a chance of forming into an infection and may cause complications when removing the device.

Incomplete voiding – This refers to the draining of urine from the bladder. Incomplete voiding causes patients to go frequently and could result in painful bladder infections if the buildup is too great or too long.

Pain – This could be associated with many factors such as the improper installation of the device, slippage, the improper placement of the device, infection, and internal personal injuries caused by the mesh.

Intraoperative Injuries – These are injuries that happen to internal organs that may require surgery to fix. When related to a transvaginal mesh, they can happen to various organs including the bladder, gastrointestinal tract, or uterus.

Transvaginal Mesh Research

The Food and Drug Administration (FDA) says that they have been aware of the problems with transvaginal meshs of various brands since 2006. They have received thousands of complaints about some of the most defective devices, from those that are badly designed to those that plainly don’t work but were sold anyway.

An example of sheer ineffectiveness was the transvaginal mesh offered by Boston Scientific, who ended up pulling their product for the market under pressure from the FDA. Of course there were other companies right there to pick up where Boston Scientific left off. With this the FDA has given some warnings and guidelines for the installation, use, and replacement of the devices.

Recommendation regarding transvaginal meshs:

Educate – Familiarize yourself with the different types products and procedures.

Awareness – Just by reading this article you are more informed than many transvaginal mesh patients. Make sure you ask lots of questions and know everything about your product and procedure.

Reactions – Be aware of the health issues that arise from the device, because they could feel unrelated to your device when in fact they are being caused by the device.

Document – Request product specific information and literature including the serial number of the specific unit. Try to get the actual package it came in and keep a photocopy of label specifics.

Removal – Prior to removal make sure you get a second opinion and a complete explanation of the reasons and procedure. Also, make sure there you ask about any findings post procedure.

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 listen to the stories of real people affected by defective fentanyl patches. Call the Defective Device Attorneys at Phillips Law Firm for a consultation on how you can get the justice and compensation you deserve.

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Survey on US DOT Trucking Safety Standards Results in Compliance Concerns

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One of the hardest things humans seem to face is change. We get so used to doing something that it’s hard to make adjustments even when it’s found that it could be unsafe. These changes are particularly slow when there’s a perception that it might (not will) cost money. This is one of the obstacles the US Department of Transportation and particularly the Federal Motor Carrier Safety Administration (FMCSA) has run into as of late.

Last year the FMCSA introduced a program called “Compliance, Safety, Accountability” (CSA). The program comes on the heels of some well-publicized commercial bus accidents that resulted in multiples deaths and numerous personal injuries. These highlighted the need for more safety measures in the commercial carrier industry, but naturally, there has been resistance that may be more economically driven than protecting the passengers that the drivers and charter companies are responsible for protecting.

Commercial Bus Safety Research

With more than 100,000 bus crashes amongst school, transit, and commercial, per year and most of these vehicles devoid of seat belts, safety has become a giant concern for government regulators and advocates focused on safety. That’s why CSA was implemented. Not only is it meant to educate drivers and the companies they work for, but also hold them accountable for safety issues that may put both the driver and passengers in jeopardy.

These include:

  • Brake checks
  • Tire checks
  • Proper training
  • Seat belts
  • Passenger safety enforcement
  • Luggage safety
  • Proper weather procedures
  • Strict adherence to speed and distracted driving laws

The American Transportation Research Institute (ATRI) conducted an extensive survey collected from 695 motor carriers from around the country. After much anticipation the organization finally released the report detailing the extent to which CSA has impacted the daily operations of commercial bus and trucking companies.

More importantly (and telling) the report analyzes and describes bus company and trucking company attitudes toward and comprehension of the FMCSA’s program. What the report shows is the industry’s lack of desire to comply with the program and take passenger safety seriously.

The report found:

  • More than 70% of the carriers found absolutely no safety concerns with the previous system.
  • Nearly all carriers implement technology without influence from the system and will continue to do so. The three main systems that they implemented were:
    • Onboard recorders
    • Speed limiters
    • Tire pressure monitoring systems
  • On a positive not, more than half of the carriers decided to start prescreening their drivers for criminal records.
  • The vast majority didn’t want the survey information shared with the public.

Commercial Bus Safety Technology

National Transportation Safety Board (NTSB) Chairman Deborah Hersman said her five-year-old minivan has more advanced safety technology than many large buses, also known as motor coaches. She added, “The technology does exist and it’s important that it be applied to the vehicles most in need of it.”

Technology such as:

  • Proximity (blind spot) sensors
  • Distance sensors
  • Vehicle-to-vehicle communication
  • GPS crash detection
  • Severe weather brake and traction sensors
  • Vehicle drift warning

These new strides in vehicle technology prevents potential bus accidents and make it more likely that passengers will survive dangerous rollover accidents. However, government regulators have failed to implement safety recommendations made by bus safety advocates and some officials within the National Highway Transportation Safety Administration (NHTSA) that in some case stretch back decades.

Seattle Bus Accident Lawyer

It is very important that trucking companies and bus carriers are on board with the new rules and technology surrounding their industry because as you can see, they have already been surpassed by the public sector with regards to road safety standards. This does not bode well for their industry that is already plagued with lawsuits due to safety issues with both poorly maintained equipment, poorly trained drivers, and rampant disregard for standardized rules surrounding breaks and distracted driving.

If you or someone you know has sustained a personal injury in a bus accident some of the best advice you can get is to seek legal council from a law firm that is successful in bus accident litigation. Call Phillips Law Firm for a consultation.

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Why, Where, and When Should I Wear a Hard Hat?

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Hard hats are most generally associated with construction, but there are tons of industries that require head protection due to the nature of the job. Aside from construction, there are many Washington State industries that have hazards from above including working on ports, fishing boats, and logging. However, some of the industries are less diligent about hard hat use, resulting in potentially serious head injuries.

The real threat of head injuries should not only prompt employers to enforce hard hat rules, but should inspire workers to habitually wear them. The reason is that one of the worst, deadliest, and costliest injuries is a traumatic brain injury (TBI). A simple washer for example, falling about 30 feet, will generate a force of 61/2 pounds on impact! That’s enough to potentially pierce the skull.

Brain Injuries on the Job

People who suffer brain injuries on the job often find themselves on a long road to recovery. Depending on the severity, they may need to learn how to speak, walk, and even feed themselves. Regardless, even the most simple brain injury could result in physical and mental therapy to treat memory problems, behavioral changes, depression, and personality changes, all associated with TBI. This is not to mention the chance of a seriously shorter life directly linked to survivors of TBI.

But this can also be linked to the type of injury. You see, the human skull is not perfectly round so the brain not only spins as a whole but some parts within it spin at different rates. This sets up additional shear forces inside the brain itself. This stress within the brain results in tearing of nerve fibres and tiny veins within the brain. This is called Diffuse Axonal Injury (DAI).

Types of force associated with head injuries:

Linear Force – Caused by a straight and direct impact (such as when a ball hits a wall without rotating); it consists firstly of blunt compression (the hit) and then a reaction (the bounce) causing direct injury to the point of impact and potential further injuries following a straight line into the brain.

Rotational Force – Causes the head to rotate around its point of articulation at the top of the spine as it is hit.

Hard Hat Safety

A survey by the Bureau of Labor Statistics (BLS) of accidents and injuries on a national level showed that most workers who suffered head injuries were not wearing head protection. The majority of workers were injured while performing their normal jobs at their regular worksites.

The BLS survey further found that in most instances head injuries occurred when the injured worker’s employer had not required usage of head protection even though there was a chance of head injury. Of those workers wearing hard hats, all but 5% indicated that they were required by their employers to wear them.

Researchers noted that the majority of workers who wore hard hats habitually at work believed that hard hats were a practical requirement for safety on their jobs.

According to the report:

  • Nearly half of the accidents involving head injuries, employees knew of no actions taken by employers to prevent such injuries from recurring.
  • More than one-half of the workers were struck on the head while they were looking down and almost three-tenths were looking straight ahead.
  • A third of the unprotected workers were injured when bumping into stationary objects, such actions injured only one-eighth of hard hat wearers.

Duty of Care

According to the Occupational Safety and Health Administration (OSHA) and in compliance with Occupational Safety and Health Act of 1983, the employer is required to show a Duty of Care when there is a reasonable threat of head injuries in the workplace. They must identify the threats and take measures to protect employees, including requiring or providing hard hats.

They must require hard hats when:

  • There is a possibility that a person may be struck on the head by a falling object.
  • A person may strike their head against a fixed or protruding object.
  • Accidental head contact may be made with electrical hazards.

Washington Brain Injury Lawyer

When a worker is hurt on the job, L&I is appointed with the task of investigating the accident to determine if there are any safety issues or violations by the company that facilitated the personal injury and subsequent workers compensation claim. The worker goes through the process of filing a claim and generally they receive benefits within 14 days of the industrial accident, but sometimes, for some reason or another they may be denied. That’s when the worker needs help from an experienced legal professional.

If you or someone you know suffer a serious personal injury at work due to improper procedures or a hazardous workplace then you need a skilled attorney with experience in the procedures of workers compensation to get you the compensation you deserve. Call Phillips Law Firm for a free consultation.

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Actos Bladder Cancer Cases In Washington State Lead To Takeda Lawsuits

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Takeda Industries, the one time bit player in the pharmaceutical industry, recently had what can only be called a major boon served up to them by the Food and Drug Administration (FDA). In a very rare case, if not completely unprecedented in its history, the FDA directed consumers to stop taking their competitor’s diabetes drug Avandia and instead take their diabetes drug Actos.

The change injected more than $2 billion into the Japanese company’s coughers over night as doctors switched their patients after news that Avandia could possibly be linked to hundreds of thousands of heart attacks over its 10-year life on the market. Though not yet completely confirmed, Avandia could possibly have lead to thousands of untimely deaths. So, no wonder the shift to Actos happened so quickly.

Though there are clashing studies conducted by multiple sources that suggest that Actos’s heart attack risk is only slightly less if not equal to that of Avandia, there is a much more pressing and possibly deadly side effect that has been found in Actos. That side effect is bladder cancer.

What is Actos Bladder Cancer?

Actos’s active ingredient pioglitazone promotes the production of insulin for the treatment of type II diabetes. It is not exactly known why pioglitazone causes bladder cancer, but there is speculation as to how it effects the cell walls of the bladder as urine is stored, in turn promoting rapid cell growth that in turn effects surrounding tissue.

Bladder cancer is one of the most common cancers to be caught at early stages since the bladder is such a sensitive organ. If you are an Actos patient it is important that you know the symptoms of bladder cancer in order to detect it early. If you start showing signs of any of the symptoms below, it is important to see your doctor immediately.

Symptoms of bladder cancer:

  • Abdominal pain
  • Blood in the urine
  • Bone pain or tenderness
  • Fatigue
  • Painful urination
  • Urinary frequency
  • Urinary urgency
  • Urine leakage (incontinence)
  • Weight loss

Actos Lawsuits

“[Actos’s] risk of cancer has been a smoldering concern since 1999 and one that has lingered.” ~ Dr Darren McGuire (University of Texas Southwestern Medical Center, Dallas, TX)

For 12 years, the suspicion of a bladder cancer connection with Actos has been rattling around the healthcare industry, however it was left up to independent and foreign studies to search for a decisive causal relationship. It was after one of these extensive studies involving 230,000 French patients that France pulled Actos off of the market with the belief that Actos caused bladder cancer.

However, here in the United States, the FDA only in recent months made any mention of the research and warned health care professionals of the danger of Actos. Unfortunately, they not only don’t discourage use, but use the most passive language possible to highlight a very real and deadly disease.

“Use pioglitazone with caution in patients with a prior history of bladder cancer. The benefits of blood sugar control with pioglitazone should be weighed against the unknown risks for cancer recurrence.”

This has prompted as many as 1000 Actos lawsuits, which were consolidated this summer and are scheduled to be first presented before a judges panel on December 1st in order to begin the official process. This extensive class action lawsuit will undoubtedly be vigorously defended by Takeda, however they have been reported to already made arrangements to set aside a substantial sum to both fight and settle these very serious lawsuits.

It is very important that the victims and families of deceased victims in Washington State find experienced counsel in litigation against giant pharmaceutical companies. Finding an attorney that understands the plight of the victims an important step in finding justice.

National Actos Lawyer

There is not doubt that diabetes is a very serious disease that effect a proportionally larger population than that of bladder cancer. But once bladder tumors caused by Actos metastasize (grow into cancer cells that invade other surrounding tissue) the threat of the disease manifesting other parts of the body becomes very real and could threaten the life of the patient.

Now that there are thousands of new patients that have switched to Actos there is a risk of increased bladder cancer cases. 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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Paxil Lawsuits Increase In Washington State Over Side Effects

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GlaxoSmithKline (GSK) is a gigantic global pharmaceutical company that offers the embattled antidepressant drug Paxil. Why is it embattled you might ask? Because out of all of the defective drugs offered by Glaxo (or any other pharmaceutical conglomerate) it seems Paxil has the most woes.

First off, it is merely a part of a larger antidepressant drug family known as selective serotonin reuptake inhibitors (SSRI). They inhibit the enzymes that stop the over production of serotonin in the body because serotonin has been proven to promote feelings of well-being.

The theory is that depressed people have problems producing serotonin. However, their serotonin levels are rarely tested before the doctor simply prescribes the drug and sends the depressed patient on their merrily medicated way. This can lead to serious problems later. First, lets focus on Paxil’s problems now.

Problems With Paxil

Last year, they were fined $750 million to settle civil and criminal charges that it made and sold adulterated drugs to Medicaid and other government payers. This was a violation of the False Claims act. Paxil was being shipped to the US with inconsistent dosages amongst other sanitation and material quality concerns. These inconsistent dosages could lead to serious consequences for patient such as no treatment or overdose after the patient simply followed their doctor and pharmacist’s instructions.

It is estimated that, even though Glaxo was ordered to pay $750 million, the whole fraud against the American medical system was estimated at nearly $6 billion. Glaxo is a foreign company that stole billions of American tax dollars and is still allowed to do business in the US.

However, their comeuppance is being found not in the halls of the Food and Drug Administration (FDA), but in the halls of justice as they have so far settled over $1 billion in lawsuits concerning Paxil side effects.

Paxil Side Effects

The side effects of Paxil are many, just like any other drug. Some are minor and irritating, it comes with the businesses of taking a particular drug. However, it is the potentially life threatening side effects of Paxil that are the biggest concerns for victims and their families.

Paxil Side Effects Include:

  • Allergic reaction – difficulty breathing; swelling of your face, lips or tongue or difficulty swallowing.
  • Confusion
  • Fainting
  • Hallucinations
  • Hyperactivity
  • Irritability
  • Insomnia
  • Problems with balance or coordination
  • Racing or abnormal heart rate
  • Seizures
  • Short Term Memory Issues
  • Suicidal thoughts
  • Tremors

Paxil Birth Defect Lawsuits

Though there was speculation for many years surrounding birth defects after Paxil hit the market in 1992, it wasn’t until 2005 that the FDA finally issued a warning regarding Paxil Birth Defects. However, even though research had determined a conclusive connection between Paxil and birth defects, the FDA still neglected to issue forceful warnings about the use of Paxil by pregnant women.

“FDA is advising patients that this drug should usually not be taken during pregnancy, but for some women who have already been taking Paxil, the benefits of continuing may be greater than the potential risk to the fetus. Women taking Paxil who are pregnant or plan to become pregnant should talk to their physicians about the potential risks of taking the drug during pregnancy. Women taking Paxil should not stop taking it without first talking with their physician.”

Certainly, few physicians prescribe any type of SSRI to a pregnant woman now, but as near as five years ago, they were still considered it an acceptable risk above depression. Yet, some of the birth defects that have been found in infants born to Paxil patients have had some potentially life-threatening birth defects.

Paxil Birth Defects Include:

  • Persistent pulmonary hypertension of the newborn (PPHN).
  • Congenital Heart Defects
  • Neural Tube Defects
  • Craniosynostosis
  • Infant Omphalocele
  • Club Foot
  • Anal Atresia
  • Lung Defects

National Paxil Lawyers

These side effects make it apparent that the only way pharmaceutical companies can truly be forced to change is through victims holding them accountable by employing their constitutional rights to seek compensation for harm caused by the company’s actions by filing defective drug lawsuits.

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 love one have been adversely effected by a defective drug, call us today for a free consultation and to find out your legal rights as a patient.

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Can Lithium-Ion Batteries In Electric Cars Cause Dangerous Car Fires?

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Green used to be just another color, but not anymore, now it’s a state of being. Beyond “being green” it can also be a place (going green) or a political party (the Green Party). It seems everything is green. Why not? It’s good for the planet.

One of the giant parts of the green movement is curbing global warming by cutting carbon emissions from vehicles. That’s harkened in new generation of electric and hybrid cars that work off of lithium ion batteries, which are promising, but is there a risk of lithium-ion battery fires?

This year one of the most popular hybrids, the Chevrolet Volt, caught fire while parked in lot of non-other than the Wisconsin Testing Center of the National Highway Traffic Safety Administration (NHTSA) three weeks after a side-impact crash test May 12th.

News of the incident and the ongoing investigation has only surfaced now and was not intended to be released to the public. According to unidentified investigators talking to Business Week, it is suspected that the fire began in on of the lithium-ion batteries. This incident and other possible incidents involving lithium-ion batteries are being investigated.

What Are Lithium-Ion Batteries?

This new generation of battery has quickly become the gold standard for energy storage in portable devices, such as notebook computers and smart phones because of its lightness and high energy density. As you might be able to tell from the name, they are composed of Lithium, the lightest metal and the metal that has the highest electrochemical potential.

Lithium-Ion batteries do not use poisonous metals, such as lead, mercury or cadmium. Lithium, however, is an unstable metal, so Lithium-Ion batteries are made from Lithium ions from chemicals. However, this does not make them all-together safe as the computer industry learned early on in the development of the technology.

Dell, Toshiba, Lenovo, and Apple Computer, in conjunction with the Consumer Product Safety Commission (CPSC), announced large recalls of laptop batteries in the summer of 2006. It was found that Sony manufactured all of the recalled batteries prompting the company to announce recall of all lithium-ion batteries that year.

It was found that these batteries could overheat, potentially causing burns, an explosion or a fire. Later investigation found that it was how the batteries worked that could have been the culprit. In a normal battery, energy from electrochemical reactions causes electrons to collect at the battery’s negatively charged pole. Charged particles are attracted to opposite charge, so if you connect a battery to a circuit, the electrons will flow from the negative pole, through the circuit and to the battery’s positively charged pole.

However, In a lithium-ion battery, you’ll find pressurized containers that house a coil of metal and a flammable, lithium-containing liquid. The manufacturing process creates tiny pieces of metal that float in the liquid. If the battery gets hot through use or recharging, the pieces of metal can move around and possibly puncture the separator, causing a short circuit.

Some of the consequences of lithium-ion batteries overheating is:

  • Spark – he flammable liquid can ignite, causing a fire.
  • Explode – The temperature inside the battery rises rapidly, builds pressure, and the battery can explode.
  • Melt – The high temperatures can cause the battery to melt and the liquid inside can leak out.

How Dangerous are Lithium-Ion Batteries In Cars?

The fire prompted General Motors and NHTSA to both resume crash tests on the Volt in order to reproduce the May fire, however, they said that they have been unable to replicate the exact circumstances.

Throwing the incident directly in the lap of NHTSA, GM spokesmen have stated that they have safety procedures in place for handling the Volt and its battery after an accident, however, NHTSA neglected to enact those procedures right after the accident. They said that had those been followed, there wouldn’t have been a fire.

Officials from NHTSA and the Energy Department told Business Week that next week they plan to test Volt battery modules that have been removed from the cars to see if they can replicate the condition that led to the fire. The agencies will study the batteries immediately and continue to observe them in the coming weeks.

“Lithium burns really hot,” said Sandy Munro, president of Munro and Associates, an engineering consulting firm in Troy, Michigan. “If the piercing is small, that reaction can take days or weeks to occur. But it doesn’t happen often. You have to do something pretty dramatic to make it catch fire.”

In a car accident, metal is crushed, twisted, and scattered. If a lithium battery is pierced by steel, a chemical reaction will start raising the temperature and can result in a fire.

Defective Design Lawyers

The fire in May was severe enough to burn vehicles parked near the Volt, the agency official said. Investigators determined the battery was the source of the fire, the official said.

NHTSA also sent a team of investigators this week to Mooresville, North Carolina, to probe a fire in a residential garage where a Volt was charging. That investigation is continuing, the agency official said.

It is the responsibility of the company to adequately design and test their products prior to rolling them out to the market for consumers to purchase. Of course there are long term problems that can’t be predicted, but there is also research available in products produced in the past that set a precedent for hazards that can effect a myriad of other products in the future. The constant charging of battery units is one of those design flaws.

If you or a loved one have experienced property damage or a full fire or suffered serious personal injuries or wrongful death due to the defective design call Product Liability Lawyers at Phillips Law Firm for a free consultation as to how you can get the compensation you deserve.

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What Are Zoloft Birth Defects?

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The global pharmaceutical conglomerate Pfizer produces the antidepressant Zoloft. It is one of their marquis drugs that yields them billions of dollars in revenue every year from the over 30 million prescriptions to patients in the United States and around the world.

Zoloft’s active ingredient is sertraline, which is a type of selective serotonin reuptake inhibitor (SSRI). Serotonin is produced in the gastrointestinal tract and is a well-known contributor to feelings of well-being and happiness. Zoloft increases the amount serotonin by inhibiting its absorption back into the body. In turn, this affects chemicals in the brain that may become unbalanced and cause depression, panic, anxiety, or obsessive-compulsive symptoms.

Seems pretty straight forward on the surface, but there are reasons why the serotonin is reabsorbed by the body naturally. Too much of one thing in a person’s system beyond what the body naturally produces is rarely a good thing and often leads to serious side effects. In the case of Zoloft, either its advertised benefits or other factors are potentially effecting the development of the fetus in pregnant women. This has led to serious and potentially fatal birth defects.

What are Zoloft Birth Defects?

The issue of depression during pregnancy is a sensitive one. Depression during pregnancy is common as the hormones in a woman’s body adjust in new ways and at different levels in a seemingly random pattern. As any prenatal specialist will tell you, these hormone changes are pretty predictable in general, but the way the patient’s body will react is the highly chaotic part.

This is why they Mayo Clinic Website warns, “If you don’t take proper care of depression during pregnancy, you may put your health — and your baby’s health — at risk. If you’re depressed, you may not have the energy to take good care of yourself.” They go on to say, “The price of untreated depression may be high, including premature birth, low birth weight, developmental problems and an increased risk of postpartum depression.”

However, these recommendations are followed by the serious side effects of antidepressants on the unborn fetus. These side effects can cause the child to be born prematurely with lasting health concerns that may inhibit their future growth and quality of life. Yet these concerns aren’t adequately addressed by Pfizer or on the packaging of the drug.

First we should define what “congenital” means since it is mentioned in many of these descriptions. Congenital means a trait, defect, or disease that is presented at birth that may be either curable or stays with the person for the rest of their lives.

Some Zoloft Birth Defects Are:

Atrial Septal Defect (ASD) – This birth defect is a hole in the wall between the two upper chambers of the heart. Long-standing or particularly large ASDs can damage the heart and lungs. If detected early in a child, it can be remedied with surgery if the child is in healthy enough condition. An adult who has had an undetected ASD may have a shortened life span from heart failure or high blood pressure in the lungs.

Hypoplastic Left Heart Syndrome (HLHS) – Hypoplastic left heart syndrome occurs when parts of the left side of the heart do not develop completely. This causes the right side of the heart to work abnormally and unsustainably hard. According to the Mayo Clinic, “An undeveloped heart can’t pump efficiently enough to support life, causing a child who has HLHS to get very sick. Without treatment, your child usually dies within the first days of life.”

Hypoplastic Right Heart Syndrome (HRHS) – This is the underdevelopment of the right-sided structures of the heart. These defects cause inadequate blood flow to the lungs and thus, a blue or cyanotic infant. Though this is rarer than HLHS, it is more treatable. Commonly it requires open heart surgery where a shunt is placed in the heart to control and regulate flow. However, even with this procedure, HRHS can result in other health problems such as:

  • Cyanosis
  • Heart murmur
  • Respiratory difficulties
  • Lethargy

Persistent Pulmonary Hypertension of the Newborn (PPHN) – When the newborn’s circulation has not made the normal transition from fetal circulation to normal newborn circulation, PPHN is the result, causing pressure in the lungs to increase and leading to distress. This distress causes high blood pressure in the lungs, so blood in the pulmonary artery is sent away from the lungs to the other organs through a fetal blood vessel. This fetal blood vessel closes after birth so that the blood pressure in their lungs can lower and they can start normal lung function. However, with PPHN, that fetal blood vessel does not close, causing blood to be directed away from the lungs and resulting in birth asphyxia due to dangerously low oxygen levels. Even if this is averted, the baby is still in serious danger of infection.

Tetralogy of Fallot – This is actually a fatal combination of four heart defects that are present at birth. These defects, which affect the structure of the heart, are congenital heart defects that change the normal flow of blood through the heart. This oxygen-poor blood to flow out of the heart and into the rest of the body is dangerous, but extremely hard to detect. Thus, this Zoloft side effect may manifest in the child much later in life and with dire results.

Transposition of the Great Arteries (TGA) – TGA is the most common cyanotic congenital heart lesion that presents in newborns. It happens when the two main arteries leaving the heart are reversed (transposed). If treatment is required, then it generally means that the child is held in the hospital until they are determined to be strong enough to withstand the rigors of open-heart surgery.

National Zoloft Attorneys

Parents who have dealt with a sick infant or the death of their newborn can tell you that it is one of the hardest things a person can go through in their lifetime and can result in broken families and broken lives. It’s made worse when their child’s birth defects or developmental problems were related to Zoloft and they weren’t properly informed of the dangers.

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

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