January 2, 2016 / by kevin / Zofran Lawsuits
When a person suffers injuries from a generic drug, there may be no recourse in a court of law. Unfortunately, one Massachusetts family had to discover this the hard way. A report done by a local CBS affiliate on the Steele family illustrates how patients taking generic drugs could be at risk due to a legal loophole. Alisa Steele was prescribed Ondansetron, the generic form of Zofran, for her morning sickness. The drug had never been tested for use in pregnant women and had only been approved for use in cancer patients to treat nausea while undergoing chemotherapy. Even though studies have linked Zofran to an increased risk of birth defects, current law does not allow generic drug manufacturers to be sued when their identical drug injures someone. Alisa Steele gave birth to a baby girl who was born with a congenital heart defect, one of the birth defects potentially caused by Zofran use during pregnancy. While the Steele’s are unable to pursue a claim against the makers of Ondansetron, they are hopeful that they can convince a judge that brand manufacturers should be held liable for their generic copies. and some
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Two-step Mesothelioma Treatment Raises Two Emotions
January 19, 2016 / by Brett Katsma / Mesothelioma
After reading this article posted on our Mesothelioma & Asbestos page, I was elated that a potentially more effective way to treat mesothelioma with chemotherapy could be on the horizon. While the two-step method still has to be verified in human trials, there is hope that it will improve chemotherapy results and extend the lives of those diagnosed with mesothelioma. However, when I thought about the article a little more, that elation gave way to anger. I was upset at the lack of respect for human life asbestos companies exhibited in allowing their employees to continue to work with asbestos without warning them of the dangers. The companies were essentially sentencing thousands of their employees to death. It’s why we continue to fight hard for those affected by asbestos and mesothelioma.
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Former NFL Players Screen “Concussion” Movie Together
January 14, 2016 / by Brett Katsma / NFL Concussion Lawsuits
A couple of weeks before Christmas, Sports Illustrated brought 70 former NFL players together in Atlanta to watch a screening of the movie “Concussion.” The movie documents the story of pathologist Dr. Bennet Omalu and his battle to bring to light his theory that the brain disease CTE is linked to repeated head traumas like those suffered on every play by NFL players. Numerous former players were brought to tears as scenes portraying some of their former colleagues played out on screen. Audible gasps could be heard in the theater when the ages of certain deceased former players were mentioned, none of whom were over the age of 51 at the time of death. Several of these former players are involved in the lawsuit claiming that the NFL hid the risks of concussions from them. One went as far as to say the NFL resembles the tobacco companies in how they tried to cover up the ramifications from head traumas.
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New Drug Delivery Method May Help Mesothelioma Patients
January 14, 2016 / by Brett Katsma / Mesothelioma
Doctors at Boston University and Brigham and Women’s Hospital say they may have found a more effective treatment method for mesothelioma patients. The new method would deliver the chemotherapy drugs directly into mesothelioma tumors. In the past, doctors have warned mesothelioma patients that the effectiveness of chemotherapy to treat their mesothelioma was limited at best. That was because very little of the injected chemotherapy drug made it into the actual mesothelioma tumor to destroy mesothelioma cells. However, doctors say they have had a much better result delivering the drugs into mesothelioma tumors with a two-step approach. This new two-step approach was successful on mesothelioma cells in the lab and in live mice. The doctors are hopeful that getting more of the chemotherapy into the mesothelioma tumors will improve the results in mesothelioma patients and extend survival.
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Takata Airbag Recall List
January 13, 2016 / by Brett Katsma / Faulty Product Recalls
Millions of vehicles have been recalled because they contain potentially defective Takata airbags. In the event of a crash, these defective airbag can explode, expelling metal fragments into the cabin of the car when deployed. View the list of vehicles we are investigating regarding defective Takata airbags…
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FDA Warns of Ketoacidosis with Certain Diabetes Drugs
January 3, 2016 / by kevin / Invokana Lawsuits
An article on the American Academy of Family Physicians’ website discussed the FDA’s recent move to add warnings to the labels of diabetes drugs like Invokana to notify users about the potential risk of ketoacidosis. The article also cautioned physicians whose patients are on these diabetes drugs to watch for signs of ketoacidosis and to make patients aware of the symptoms so they can seek medical attention should symptoms appear. The FDA also noted that while a number of adverse events have been reported with this particular type of diabetes drug, the actual number of adverse events is most likely higher since the reporting is done on a voluntary basis only.
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No Legal Recourse for Injuries from Generic Drugs
January 2, 2016 / by kevin / Zofran Lawsuits
When a person suffers injuries from a generic drug, there may be no recourse in a court of law. Unfortunately, one Massachusetts family had to discover this the hard way. A report done by a local CBS affiliate on the Steele family illustrates how patients taking generic drugs could be at risk due to a legal loophole. Alisa Steele was prescribed Ondansetron, the generic form of Zofran, for her morning sickness. The drug had never been tested for use in pregnant women and had only been approved for use in cancer patients to treat nausea while undergoing chemotherapy. Even though studies have linked Zofran to an increased risk of birth defects, current law does not allow generic drug manufacturers to be sued when their identical drug injures someone. Alisa Steele gave birth to a baby girl who was born with a congenital heart defect, one of the birth defects potentially caused by Zofran use during pregnancy. While the Steele’s are unable to pursue a claim against the makers of Ondansetron, they are hopeful that they can convince a judge that brand manufacturers should be held liable for their generic copies. and some
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Innovator Liability in Massachusetts
January 1, 2016 / by kevin / Zofran Lawsuits
After reading this article I wanted to see how Massachusetts’ courts had ruled on the issue of innovator liability. A majority of them found that brand name manufacturers were not liable for injuries caused by use of their identical generic versions. The courts’ reasoning seemed to be summed up in its holding in Kelly v. Wyeth where it stated “a manufacturer of one product owes no duty of care to one who did not use their product.” Kelly v. Wyeth, 2005 WL 4056740, at 5 (Mass. Super. May 6, 2005)
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