U.S. Supreme Court Denies FDA Exemption

On March 3, 2009 the United States Supreme Court ruled a damaging verdict to the pharmaceutical industry and a good verdict for consumers. A 6-3 decisional vote by the Supreme Court in the case of Wyeth vs. Levine upheld the right for patients to sue drug manufacturers for complications arising from the use of a prescription drug despite the drug’s approval from the Food and Drug Administration. The Wyeth pharmaceuticals company pressed the Supreme Court to dictate that any patient who is injured by the use of an FDA approved prescription cannot file suit against the manufacturer of the drug giving that manufacturer immunity from prosecution. However, the Supreme Court rejected this plea stating that Congress never intended to enact a sweeping law to preempt personal injury claims against drug makers and that personal injury claims against drug manufacturers helps to improve the public health and federal safety laws in the area. At Rosen Louik & Perry, we couldn’t agree with the Supreme Court more in this case.

In early 2000, musician Diana Levine was awarded $6.7 million dollars in damages by a Vermont state court for the loss of her lower right arm due to the intravenous application of the FDA approved drug Phenergan. Known in its generic form as promethazine, is an antihistamine used to treat allergic reactions and was approved for intravenous injection by the FDA in 1995. Unfortunately, the administration of the chemical into Levine’s artery caused an onset of Gangrene which forced an eventual amputation of the limb. In her personal injury lawsuit Levine accused Wyeth of failing to properly warn consumers of the dangers and complications that could arise from the use of Phenergan. Wyeth countered the suit stating that the FDA’s approval should be the final word on the drug’s safety and terms of use and drug manufacturers, Wyeth included, should be exempt from responsibility. In, 2009 they appealed the case to the US Supreme Court in an effort to have the ruling overturned. To their dismay it was not and as a result Wyeth ceased the production of Phenergan.

Despite the FDA’s most sincere efforts to keep people safe from harmful drugs, there have been and will continue to be instances in which hazardous medicines slip into the public market. It is the responsibility of the drug manufacturer to test their products and ensure that consumers have proper knowledge of all significant impacts of the drug. Each year more than 70,000 serious injuries and over 15,000 deaths result from routine utilization of prescription medicines in the marketplace. These victims and their attorneys hold drug manufacturers accountable to insure this doesn’t happen to more people.  The FDA needs to rigorously monitor the use and application of current drugs on the market and evaluate cases of related complications justly. In a situation in which a person is harmed by the use of an FDA approved drug the proper action must be taken against the parties responsible. It is important to choose the right attorney to represent the offended party. Our personal injury attorneys specialize in this area and are well equipped to accurately evaluate the merits of each case and establish the best legal strategy for acquiring the reparations that are due.

Do not waste time when deciding to file a personal injury suit. Statutes of Limitation generally limit the time to file a personal injury suit to 2 years and it is always advantageous to file sooner than later to keep memory of the events most accurate.

Rosen Louik & Perry has been representing plaintiffs in personal injury cases for over 70 years. We have expert attorneys who will fully dedicate themselves to your case and help you obtain the best results possible. If you or someone you know has recently been injured from the administration of a prescription drug or FDA approved product please contact our firm today for a free consultation and case review.

Conway says Mongiardo should return housing money

Oregon gets $145,000 in pharmaceutical settlement Oregon Attorney General John Kroger today announced a national settlement with a pharmaceutical company accused of making false prescription drug claims to Medicaid. Read more on KOIN News 6 Portland

Roxbury attorney is named âRising Starâ ROXBURY TWP. — Roxbury resident and Lowenstein Sandler PC attorney, Vincent A. Antoniello, has been selected for inclusion in the 2010 edition of “New Jersey Rising Stars,” which recognizes the state’s top up-and-coming attorneys. Read more on Roxbury Register

Lilly to pay $20M over Zyprexa Louisiana will receive $20 million in a settlement with Indianapolis-based pharmaceutical maker Eli Lilly and Co. over claims of improper marketing of the anti-psychotic drug Zyprexa, the state attorney general said. Read more on The Indianapolis Star

Conway says Mongiardo should return housing money   COVINGTON, Ky. (AP) — Democratic U.S. Senate candidate and Attorney General Jack Conway challenged his primary opponent Lt. Gov. Daniel Mongiardo to return housing stipends he received from the state. During a debate Friday in Covington sponsored by the Northern Kentucky Chamber of Commerce, Mongiardo said that he and his wife temporarily lived with his in-laws in 2008 and then again this … Read more on WHAS TV11 Louisville

Trasylol Attorney’s Provide Evidence to Trasylol Lawsuits

It was a brisk September morning, while Frank was making breakfast for his family while trying to get his kids ready for the first day of school. Frank flipped the pancakes while the kids got their backpacks and lunch boxes together. Frank kissed his children goodbye as they ran off to catch the bus at the end of the street. Little did Frank know that this was the last time he was going to see his kids. For Frank has been having pains in his abdomen for the past couple of months, but he just thought it was side effects from his heart surgery that took place almost a year ago. As Frank’s wife was cleaning up after breakfast, she saw Frank out of the corner of her eye fall to the floor. She rushed Frank to the hospital with panic in her heart. However, it turned out that it was too late for Frank, for his Kidneys had failed him. Frank’s family was in shock for Frank has never experienced any complications from his Kidney’s before. This Tragedy of Frank and his family, has happened to over 20,000 patients in the last couple of years. If Frank’s incident sounds like something you or a loved one has witnesses, contact a Trasylol attorney.

What Frank and 20,000 other victims had in common is that they had all underwent surgery in which they were all administered the drug Trasylol. Trasylol was a common drug used in heart surgeries to control the amount of bleeding during the surgery. In heart surgeries the chest is commonly open in which surgeons need a clear path to be able to work on the heart. Therefore there is a need to control the amount of bleeding so that the surgeon can perform the surgery to the best of their abilities. Trasylol was the most common type of drug used in heart surgeries in the 90’s causing for thousands of cases just like Frank’s to occur.

Trasylol, manufactured by Bayer Pharmaceuticals, has been linked to cause kidney complications and failure resulting in death. The reason why Trasylol has caused so many deaths because there wasn’t any evidence that Trasylol produced these devastating effects. Doctors, medical professionals, and medical institutions alike had do idea that the drug they were administering in so many patients was causing this severe damage to their kidneys. However, Bayer Pharmaceuticals did know that Trasylol was causing these devastating effects and told on one. It turns out that Bayer knew about the deadly effects of Trasylol for over two years before the information was publicized, not even publicized by Bayer. An individual practitioner did their own testing, and found about the deadly side effects. Finally the FDA was notified and Trasylol was taken off the market.

If you, like Frank and his family, has been affected by the devastating side effects from Trasylol, contact a Trasylol attorney as soon as possible. Trasylol attorneys specialize in cases that have cause harm to patients that were administered the drug. Trasylol attorneys have the experience and dedication in product liability and the medical industry that allows them to most efficiently access your case.