Pharmaceutical Attorney Articles

Birth Defect Attorney FAQ

Birth defects are no laughing matter—especially when they are present in your own child. Often various birth defects are caused by products you or your loved one took during pregnancy that you did not know were unsafe. In these regrettable situations, you certainly should find the best birth defect attorney available to represent you in filing a lawsuit.

For this purpose, we have put together a list of frequently asked questions in relation to birth defect attorneys. Hopefully they will assist you in your quest to find an attorney to handle and win your case.

How much experience should a birth defect attorney have?

While there is no exact number of years that separates the inexperienced lawyer from the experienced, you certainly need a birth defect attorney who has prepared and fought many dangerous pharmaceutical related cases. As far as number of years in the business, this is debatable, but it is good idea to look for a firm that has been around for a minimum of ten years. 15 would be better. Keep in mind that some lawyers will have experience before joining their firm too. So be sure to ask about that.

What sorts of birth defects can a birth defect attorney cover?

Most birth defect attorneys should be able to handle cases relating to all birth defects. Now some may focus on more common defects. For example, most recently we have found that a drug named Topamax is causing certain deformations such as cleft lips, cleft palates, and genital malformations. With that in mind, some firms may be focusing solely on helping victims of that specific drug.

Is a birth defect attorney expensive?

Well, this depends on who you go with. Keep in mind, you will get what you pay for. But a trustworthy attorney will make things a bit more affordable for you by offering a free consultation. These attorneys will also sometimes take on pro bono cases. So if you are in need of a birth defect attorney, the best thing to do would be call a good one and see how you can make it happen.

Will my case go to trial?

Most of the time, these sort of cases never see the light of the courtroom. If the lawsuit is legitimate, the opposing party will usually settle early on to avoid bad press, costly court fees, and the risk of losing even more money. However, it is important that you hire a birth defect attorney who prepares as if going to trial. Such an aggressive attorney will make the opposing party think he is going to take the case all the way to verdict, thereby increasing your chances of obtaining a fair settlement.

Is it difficult to find a trustworthy birth defect attorney?

It does not have to be. Look for a lawyer who is experienced, has a good case record, wins awards, and has positive client testimonials. When you come across a birth defect attorney with all those qualities, you will have found the right one.



Originally published here.

Jason M. Byrd

What a Fosamax Femur Fracture Lawyer Needs to Prove in Court

Although the Rottenstein Law Group has previously touched upon what is required for success in a Fosamax lawsuit, this post takes a look at what, in particular, a femur fracture lawyer needs to be able to establish in order to secure compensation for a client.

In a pharmaceutical products liability case (the type of case you would be pursuing against Merck & Co. for your atypical femur fracture), a plaintiff must be able to establish two things: general causation and specific causation. General causation is whether a drug is capable of causing a certain type of injury and specific causation is whether a drug in fact caused a particular person’s injury.

Regarding general causation, it is still difficult to say with certainty whether there is a proven causal link between bisphosphonates, a class of osteoporosis drugs that include Fosamax, and atypical femur fractures (those that occur with little or no impact), or merely an association. A number of studies have been published that suggest a link between Fosamax and abnormal thigh bone breaks, but to call this direct evidence is premature. It could be the case that a patient who takes Fosamax and suffers a femur fracture carried some other risk factor for leg breaks.

And that is where specific causation comes into play. Assuming that a lawyer is able to convince the court that Fosamax is capable of causing an abnormal femur fracture, he or she must then successfully argue that the drug did in fact cause their plaintiff’s injury. This could be difficult if, for example, a plaintiff has a preexisting condition (such as a micro fracture of the femur), or is taking another medication that makes him or her susceptible to skeletal abnormalities. By contrast, an otherwise healthy patient who is taking no other medications and suffers a low-energy femur break would have an easier time establishing Fosamax as the specific cause of their injury.

A third type of causation, proximate, also bears mentioning. Proximate causation is relevant to a Fosamax lawsuit that alleges a plaintiff’s injury was caused by Merck’s failure to sufficiently warn of the drug’s side effects. If the argument is being made that inadequate drug labeling caused a plaintiff’s injury, it is necessary to show that adequate warning would have changed the plaintiff’s behavior in a way that would have prevented the plaintiff’s injury.

Although establishing general causation in a Fosamax femur fracture lawsuit depends largely on the availability of scientific evidence, specific and proximate causation are more subjective factors that will depend on your medical history and behavior. Because of this, you should speak with an attorney to determine the validity of your claim. The Rottenstein Law Group is offering complimentary case reviews, so if you have even the slightest suspicion that your thigh bone break was caused by Fosamax, you have nothing to lose by submitting the details of your case. RLG’s Fosamax femur fracture lawyers have a total of more than 25 years of experience securing compensation for clients who have suffered harm due to the negligence of powerful corporations like Merck.



Originally published here.

Bryan Sartin

Las Vegas Attorney Glen Lerner Representing Yaz Birth Control Victims

There is a great focus across the country on the birth control, Yaz, produced by Bayer pharmaceutical corporation, and its alleged effect on the health of the women who take this oral contraceptive.  This product was originally approved in 2006 for use by women who suffer from Premenstrual Dysphoric Disorder (PMDD) as well as for use as an oral contraceptive.  Then, in 2007, this prescription drug was allowed to also be advertised to control acne in conjunction with its contraceptive properties.  Bayer recorded $616 million in sales of Yaz in 2007 and was one of the best selling prescription drugs in the United States.  However, today many are questioning the other side effects that allegedly are also caused by Yaz.

Many women who have taken this drug have alleged that they have suffered from serious health risks because of an ingredient in the drug called drospirenone.  According to the FDA, it is alleged that this ingredient can lead to hyperkalemia, which is a medical condition caused when potassium levels in the blood are elevated.  This condition allegedly can result in serious heart, kidney, and liver problems.  Furthermore, many women who have begun to file suit against Bayer have claimed Yaz can cause blood clots, allergic reactions, rash, hives, breathing problems, fainting, irregular heartbeat and chest pain, as well as liver and heart failure.

Las Vegas-based law firm, Glen Lerner & Associates have started working with many alleged victims of Yaz birth control.  Established in 1991, the law firm is well versed in drug litigation and aims to help those victims who claim to have suffered at the hands of faulty advertising and dangerous prescription drugs.

Class action lawsuits and individual claims against Bayer for its production and advertising of Yaz are gaining speed across the country and it is alleged that Bayer overstated the benefits of Yaz, while understated or failed to inform users of the potentially dangerous side effects of using the drug in its initial ad campaign.  In 2009, a new ad campaign started to run to advertize Yaz, this time highlighting the allegedly negative side effects of taking the drug.

However, the law firm of Glen Lerner & Associates knows that there are many alleged victims of Yaz who are suffering, regardless if a new ad campaign was released by Bayer.  The firm has experienced lawyers who understand what it takes to go up against large corporate pharmaceutical giants and encourages anyone who believes they have suffered because of their use of the Yaz Birth Control pill to contact the firm immediately.

The details of any medical malpractice case can be extensive and it takes a professional attorney to truly understand and determine how to handle this sensitive litigation.  Furthermore, it can be difficult to determine liability and fault, as well as potential compensation for injuries or damages, and it is important for a victim to speak with a member of Glen Lerner & Associates directly to discuss a potential case.

Glen Lerner & Associates is located at: 4795 S. Durango Drive, Las Vegas, NV 89147.  You can reach the professional staff at Glen Lerner & Associates by calling: 702-877-1500.  Glen Lerner & Associates is online at www.glenlerner.com.

 



Originally published here.

Glen Lerner