Posted On: May 26, 2008

Birmingham News Reports Two People Injured in SUV Rollover on I-59

The Birmingham News reports that there was a one vehicle rollover accident on I-59 yesterday resulting in both occupants being taken to the hospital. It is reported that one of the passengers was thrown from the vehicle and one had to be taken out by the Birmingham firefighters. The accident happened yesterday, May 25th, at about 10AM.

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This particular story caught my eye because evaluating and handling rollover accidents has been a large part of my legal career. As a defense lawyer, handling rollover cases on behalf of car companies became one of my specialties. In fact, for about the last 8 years of my practice as a defense lawyer, I was Regional Counsel for the southeast United States for all rollover lawsuits for one of the major car manufacturers. As a plaintiff's lawyer, I continue to handle these cases on behalf of those injured and killed in rollover accidents.

Rollover cases are very complicated to handle and evaluate. You must have an understanding of what vehicles should be able to do in certain situations and at what point is there nothing that a reasonably designed vehicle could have done differently under the circumstances of the accident. With current technology, many rollover accidents can be avoided. Most car manufacturers have developed ESC or electronic stability control systems which assist the driver in controlling the vehicle when performing emergency avoidance maneuvers and the like. Some manufacturers still make such ESC systems optional equipment in SUV type vehicles. I suggest that if you are considering purchasing any current model SUV, you inquire into whether it is equipped with an ESC type system or traction control. Every manufacturer has given the ESC system it has developed a different name. However, its important you ask about it and insist on having one equipped in your SUV if you are purchasing a current year model.

If you or a loved one have been injured or killed in a rollover accident, feel free to contact me to discuss whether there might be a potential claim against the car manufacturer with regard to either causing of the rollover, or not properly protecting the passengers in the vehicle during the rollover itself. Both are important issues to look at when determining whether the car manufacturer has responsibility for injuries sustained in a rollover accident.

Posted On: May 18, 2008

Recalls of the Week

Yesterday was my birthday and spent most of the afternoon at the office writing this post. Such is life. Just another day in the life. My philosophy on aging is age is just a number. Your "real" age is your state of mind....and body. I stopped counting at about 39 and just concern myself with keeping mentally and physically in shape. Enough of my theories on aging up there; on with the Recalls of the Week.

1. Shindaiwa Corp. Backpack Blowers: About 23,000 of these blowers have been sold between September 2005 and January 2007. The reported problem leading to the recall is that the blower's fan can separate from its base and then break apart, causing some plastic pieces to blow out of the machine. These pieces can cut and do worse if they hit someone as they come flying out. Apparently these same blowers have been previously recalled due to a fire hazard. It involves Models EB8510 and EB8510RT. There have been 13 incidents reported. The manufacturer, Shindaiwa asks that you immediately stop using the blower and contact Shindaiwa at 800-521-7333. For more information, see here.

2. FireX Branded 10000 Series Carbon Monoxide Alarms and 12000 Series CO/Smoke Combo Alarms: The FireX Carbon Monoxide and CO/Smoke Combo Alarms are being recalled because the alarms can sound a "double chirp"/fault alarm in the presence of CO, before going into full alarm mode. The Owner's Manual advises that if you hear this double chirp, you should take the alarm out of service. Problem is, if you follow that instruction, you may never hear the alarm go off telling you there is CO present in house. CO (carbon monoxide) is the odorless deadly killer. You may never know there is a CO leak without the alarm going off. But if you hear this double chirp and follow the instructions, you will never hear the alarm tell you there is a deadly amount of CO in the air. These alarms are made by a company called Maple Chase Company. There are about 280,000 out there, many of which are installed by contractors in new homes. For more information, see the CPSC's site here. They do instruct you not to stop using your old alarms until you call the company and receive a replacement. If you have moved into a home built in the last year or two, you may want to check out your CO or CO/fire alarms installed in your home and see if it is a FireX Brand.

3. Tumble Tower Infant Rattles: A baby's rattle made by the Manhattan Group is being recalled because the ends can break off and the baby can choke on the parts of the rattle. There have been about 7,000 of these rattles sold through gift and specialty stores around the country, as well as on the internet from September 2007 through April 2008. If you have one of these rattles, you should take it away from the baby and return it to the store where you purchased it or contact Manhattan Group at 800-541-1345. To see a picture of the rattle and for more information, go here.

4. Solodyn Tablets: Just this past Friday, the FDA issued a press release indicating that certain lot numbers of the antibiotic Solodyn, 90 mg tablets, are being recalled because one of the bottles in the lot was found with a completely different medication, Azasan, which is an immuno-suppressive agent used in transplant cases to prevent kidney rejection and for treatment of rheumatoid arthritis. If you take Azasan and not Solodyn, it can decrease your number or red and white cells, cause infection, bleeding, chills, nausea and vomiting. The two lots at issue were manufactured in February 2008 and are lot numbers B080037 and B080038. Call 888-656-6381 with any questions or see the FDA's website for more particulars.

That's all for this weeks concerns. As always, be careful out there. If you have any questions regarding any of the above, do not hesitate to contact me and I will try and assist you in any way I can.

Posted On: May 15, 2008

Bayer Pulls Trasylol (Aprotinin) Completely From The Market

Bayer finally gave into the overwhelming negative evidence regarding its drug Trasylol and is pulling it off the shelves. Yesterday, a study was released by the New England Journal of Medicine ("NEJM") in which a study Bayer was hoping would save this drug, instead indicated "...the strong and consistent negative mortality trend associated with aprotinin (trasylol) as compared with lysine analogues precludes its use in patients undergoing high-risk surgery." As reported by both Bloomberg and Reuters, as a result of the release of this study, referred to as the BART study, Bayer has decided to remove the remaining supplies of the drug Trasylol from the U.S. market. Moreover, the FDA has indicated that Bayer has confirmed to it that it will be removing the stock of Trasylol from the U.S. market, which is presently being kept in warehouses, hospitals and doctor's offices.

As I have previously discussed
, Trasylol is a drug manufactured by Bayer and has been used in open heart surgery since 1993 to reduce the bleeding that can be caused in this type of surgery. From the day it was approved by the FDA, there have been questions raised about its potential to cause renal/kidney failure. When originally approved by the FDA, it was only approved for high risk open heart surgeries which are typically defined as an individual undergoing a second or more open heart surgery, heart valve surgery, or an individual with a high risk of bleeding. Eventually, the drug was approved for use in ALL open heart surgeries and that's when things started to go wrong. In 2006, a Dr. Mangano published a study in the NEJM which called into question the increased risks of kidney failure and death, among other things, caused by use of this drug. Bayer, as most big pharmaceutical companies will do when one of its drugs gets called into question, went on the attack to discredit not only Mangano's study, but Mangano himself.

It was a two year bitter battle. It included Bayer withholding its own study on the drug during a FDA hearing about the drug, which study only came to light after its author disclosed its existence after the hearing when he couldn't understand why Bayer did not tell the FDA about the study at the hearing itself. At the end of 2007, another FDA hearing was held on the drug which I attended by webinar. Dr. Mangano himself spoke to the FDA panel defending the work he had done. Bayer did all it could do to discredit Mangano's work and hired statisticians to completely confuse the issue. During that hearing, Bayer talked about a study being done in Canada, called the BART study, which was using Trasylol and comparing it to two generic drugs which do the same thing and cost a lot less, in high risk open heart surgeries, the types of surgeries which Trasylol was originally approved for. Bayer indicated to the panel that they hoped this clinical study would provide a lot of answers and show what a great drug Trasylol was.

Within about 2 months of that meeting, the walls caved in. An unexpected announcement came that the BART study was being closed down because too many people were dying that were being given Trasylol. As a result, the FDA and Bayer put a "temporary halt" on use of the drug, except in extreme situations, pending evaluation of the information which could be obtained from this BART study.

Well, now its out in black and white. Essentially, the study found that Trasylol did not do that much better a job than its generic competitors and Trasylol cost $1400 per surgery versus $4 per surgery for the generics. Yes, you read that right $4 (four dollars). More importantly, those patients being given the Trasylol were dying at a higher rate within 30 days of the surgery then those given the generics. Thus, even using the drug for the limited purpose for which it was originally approved i.e. high risk surgeries, more people died who were given the drug within 30 days than who were given the much cheaper alternative which performed comparably. As the editorial in the NEJM said it"...in all likelihood, this is the end of the aprotinin (trasylol) story." It appears today it is and way overdue.

What has always been so insidious about the use of this drug is that patients never know they were given the drug as it is given during the anesthesia process for surgery. Thus, when things later go wrong, whether it be kidney failure or death, the patient and the family would never know it may have been the drug Trasylol which caused the problem. Now at least, the drug will be kept out of the surgery room and away from the unsuspecting patient.

If you feel you or a family member may have been given this drug during open heart surgery and have ended up in kidney failure or died unexpectedly, you are welcome to contact me to discuss whether you may have a potential case regarding Trasylol.

Posted On: May 13, 2008

Digitek Recall Still A Mystery

On April 28th I reported in my first installment of "Recalls of the Week" of a FDA reported recall on a drug called Digitek, a generic of the drug digoxin. The drug is used to regulate the heart beat and for heart failure patients. It was recalled because tablets of the drug were found to have double the dose they were suppose to have. This could lead to significant heart problems, especially to those taking the drug who are in kidney failure. Mysteriously, since the time the recall was announced, nothing else has been said by the manufacturer, Actavis. No comments have been provided by the manufacturer regarding how significant a recall this is, and what further information it has learned regarding why its tablets were made double their reported strength. The Wall Street Journal's Health Blog tried to contact the manufacturer the other day, but still no comment. What the heck is going on with this drug?

Posted On: May 12, 2008

Recalls of the Week

My weekly installment of the recalls that hit last week on consumer products. Let's get right to it:
1. MUNCHKIN DELUXE BOTTLE AND FOOD WARMER: When we were new parents with our first born, 17 years ago, the big craze was "wipe warmers". You would put your baby wipes in there and it would keep them nice and warm so at night when you had to change your kid, they wouldn't freak out from the cold wipe on their bottom. Well, Munchkin Inc., a company based out of California, makes a Deluxe Bottle and Food Warmer, which allows you to warm food and bottles of various sizes. (Guess the microwave ain't good enough or fast enough anymore.) Lot number TP-1487 (shown on the bottom of the warmer) is being recalled because it can overheat, leading fire. There were sold between June 07 and April 08. If you have one, call them at 866-619-8673 or see their website, www.munchkin.com. atv.jpg
2. 2008 HONDA TRX500 ATVs: This is a bad one. Many moons ago, as a young lawyer learning to defend auto manufacturers, I got heavily involved in defending various manufacturers of ATVs in cases in which the plaintiff was claiming ATVs were unstable and leading to the death and maiming of individuals, many of them young kids. They were very tough cases to handle as a young lawyer as the plaintiff's lawyers were very aggressive and it was hard to defend a product which was killing young kids who had no idea how dangerous these products could be. However, I always had a hard time understanding how a parent could allow a child to drive a machine which could go anywhere from 35-50mph or more and think they would be just fine with no supervision. I had a hard time letting my 15 year old get behind the wheel of a car, how could a parent allow a 10 or 12 year old child take off on a motorcycle type vehicle, with little or no training or no supervision. Dumbfounded me. Anyway, the 2008 Honda Model TRX500 4 wheeler is being recalled because apparently the electric power steering shaft can break, resulting in the rider losing control. This is BAD. Driving 40 or 50 miles and hour, in an open vehicle, the drive shaft breaks, you lose control and all that can happen is only bad. As Honda represents, "this poses a risk of injury or death to the riders." The problematic models were sold at Honda dealers between October 2007 through March 2008. If you have one of these models, STOP USING IT IMMEDIATELY!! Contact your Honda ATV dealer to get an appointment for a free repair. If you in fact had a problem with one of these ATVs and need some advice, you are welcome to call me for assistance.
3. PLAYWORLD SWINGSETS: Anytime I see problems with products meant for children, I will try and get the word out there to all of you. Children are the innocents (generally that is, don't forget, I do have teenagers). They don't know about "warnings" and "reading directions" and when it comes to taking risks, generally they will do it because of their lack of fear and feelings that they will live forever. A Playground Swing Set manufactured by Playworld Systems out of Pennsylvania, is being recalled becuase a part known as a "clevis bearing" can wear out and the swing can then detach and off the kid will go...or fly. This part appears to be the part that attaches the chain of the swing to the set itself. These sets...worst of all...were generally sold by dealers to daycares and children learning centers between January 2007 and February 2008. Therefore, if the daycare where you send your child got a new swing set in the last year or so, you may want to ask them to check it out and see if its one of these recalled swing sets. The part numbers for the swing sets that have this problem can be found here. Please check it out if you have any concerns. Like they say, better safe than sorry.

That raps up this past weeks significant consumer product recalls. Remember, be careful out there.

Posted On: May 11, 2008

Drug and Device Law - A Must for ALL Drug Lawyers

Have to give a shout out to this Blawg (didn't spell it wrong; blogs dedicated to legal issues are referred to as "blawgs") which is an absolute MUST read for any lawyer, plaintiff or defendant, doing pharmaceutical litigation. Drug and Device Law, which is a blawg written by two lawyers involved in the defense of the pharmaceutical industry, provides in depth analysis to legal issues facing the pharmaceutical lawyer these days in a smart, insightful, and yeah, many times witty manner. No doubt, these guys are not fans of plaintiff's litigation against the pharmaceutical industry and are huge proponents of preemption in this area of the law.....which strikes at my heart as you know from my previous postings on the subject.....but they are brilliant representations of what is good about the defense side of the business. I just wish sometime they might budge an inch or so .....maybe even just a millimeter....and throw a bone to us good and honest and hardworking lawyers on the plaintiff's side who are truly committed to what they are doing in the same vein that they are. You MUST put it a required reading every week if you are going to venture into this world of pharmaceutical litigation. By the way, these guys haven't paid me anything to say this. Just need to give props where it is due. (Got that word "props" from my 17 year old son.)

Posted On: May 7, 2008

Baxter Says Its Taken No Legal Hit from Heparin

Baxter International, the manufacturer of Heparin, the blood thinner recently pulled off the market because of alleged tampering of the product which was made in China, reported that it has not felt much legal ramifications from the problem. This is despite the fact there has been a reported 80 deaths and 1000 adverse reactions due to the problem.

What I find interesting is how Baxter is trying their hardest to paint this as a tampering issue. Essentially, they have told the FDA and the FDA has bought it that someone had intentionally tampered with the manufacturing process to cause this problem. Makes me start to wonder if Baxter is trying to lay the ground work for its defense in these potential cases. It would be a lot easier to argue to a jury that someone intentionally was trying to sabotage our drug, then having to explain that they had not undertaken the proper inspection of the chinese facility and as a result, something mistakenly got into the drug.

There are several of these cases I am looking at where individuals were given heparin and they had an adverse reaction. Since this issue only came to pass over the last several months, the number of lawsuits Baxter may have to contend with as a result of this "mistake" remains to be seen.

Posted On: May 5, 2008

Recalls of the Week

The second installment of Recalls of the Week. A few interesting items have shown up this week.

1. BROIL KING GAS GRILLS: These gas grills, which were sold at various independent retailers throughout the country, are being recalled because the cook box where the burners are can melt or crack and cause a grease fire. There are about 4800 of these grills and include the Signet, Sovereign and Sovereign XL series. You should stop using the grill immediately and contact the manufacturer, Onward Manufacturing for a free repair kit. You can find more information at www.broilkingbbq.com or call 886-434-7455. You can also go to the CPSC's website here for more information.

2. CHILDREN'S STORAGE BINS (LOWE'S STORES): Another lead paint issue from China. These are wooden bins with scalloped edges that were painted pink or green. It is requested you take these bins away from children and return to Lowe's for a full refund. For more information, go here.

3. QVC SPACE HEATERS: If you were up late one night with nothing to do and turned on QVC and found the urge to order that bargain of a space heater to keep you warm, you better pack it up and send it back. The SoleusAir Space Heathers can overheat and potentially cause a fire. They were sold through QVC between December 2007 and March 2008. If you bought the heater through QVC.com or the TV program, you should receive something in the mail about how to get your refund. You can look here for more information. Oh yeah, forgot to mention, made in China again.

4. CARDINAL HEALTH MOUTHWASH: Hydrox Labs, who manufactures Cardinal Health alcohol-free mouthwash is recalling the mouthwash because it apparently contains a bacteria which is known to cause infections in patients in the hospital. It is especially serious in consumers who have Cystic Fibrosis. It is the 4 oz. size that is at issue with lot number 26228. The FDA has issued a statement about this recall which can be reviewed here. It's interesting to note that apparently this mouthwash is placed in Personal Hygiene Hospital Admissions Kits and this same mouthwash, if you decide to use it in the hospital, may in fact make you a lot sicker than when you got there. Not a good thing.

Until next week, please be careful out there. Also, if you do need any help or guidance on any of these recalls, please feel free to contact me.

Posted On: May 1, 2008

FDA Thinks FDA Contamination May Have Been Deliberate

Since early February the FDA has been dealing with contaminated Heparin that was causing patients to have allergic reactions including problems breathing, nausea, vomiting, and rapid drop in blood pressure which can lead to life threatening shock. The type of Heparin at issue is typically given to dialysis patients during the dialysis procedure. At this point, the FDA is aware of approximately 131 reports of death related to being given heparin between January 07 and April 08. The significant jumps in death reports started in Nov 07 through end of February 08 when 81 of those 131 deaths occurred, prompting the FDA to call for ending the use of Heparin. As fate would have it, the problematic doses of heparin were manufactured by a company in, yup, good 'ole China.
Congress has been having hearings for several weeks now trying to get to the bottom of this problem, specifically addressing the failure of the FDA to properly and timely inspect the facilities in China who were manufacturing this product. In order to avoid this happening in the future, Congress has been trying to get the FDA to tell it how much money it needs to properly and timely inspect these foreign manufacturers and have been stonewalled by the FDA officials regarding its needs to properly undertake these inspections. heparin500%284%29.jpg


Just this past Tuesday, Jane Woodcock, director of the FDA's drug center, indicated that the FDA is now working on the hypothesis that this contamination of heparin was INTENTIONAL!!! They believe that someone(s) purposely contaminated this drug to cause people to get ill. Some are saying this is the most significant case of poisoning since the contamination of Tylenol back in 1982 when someone laced Tylenol with cyanide.

One of the Congressional investigators told Congress that this all could have been avoided if there was some oversight of this plant. Apparently, the distributor of the drug, Baxter, has purchased ingredients for heparin from the Chines plant in question between 2004 and 2008, but only visited the plant once, in September 2007. It is reported Baxter sent one person for one day to look at the plant at that time. However, 5 months later when the FDA went to the same plant after this problem came to the surface they found tons of problems. The congressional investigator, David Nelson's thoughts on this apparent 5 month "change" in the plant from fine when Baxter looked at it to horribly out of compliance when the FDA looked at: "It really is impossible for a plant to have fallen that far out of compliance in five months." So what was the Baxter official doing during that inspection...enjoying some good Chinese food????

This continues to be an interesting story as it develops. Another drug company caught with egg on its face and not spending the money to properly address safety of its products. I am in the process of evaluating several cases where patients appeared to be injured as a result of being given heparin during dialysis treatment. If you or someone you know may have been a victim of this tragic situation, you are welcome to call me to discuss.