As the 11th Vioxx trial begins before Judge Fallon Merck disclosed that general counsel Kenneth Frazier will be receiving a raise. His base salary will be $780,000.
The company said in a filing with the Securities and Exchange Commission that Chief Executive Richard T. Clark recommended increasing Frazier's salary because of his "significant contributions to Merck, as well as his highly valuable experience and exceptional leadership abilities."
Source: Here.
Tuesday, October 31, 2006
Law Tech: Top 10 Research Tools
I'm always striving to stay ahead of the curve in my law practice. It's more than simply reading law periodicals - I subscribe to E Week, which by the way is free and has as a focus, "Breaking technology news including hardware, security, networking, software, reviews, and research." I also regularly read items on Lifehacker and read C|Net on a daily basis.
I've been going back to an article posted on C|Net the past week. It is titled, "Top 10 Research Tools" and can be found here.
To me, that article highlights pertinent tools for your lawyer toolbox. Of the "top 10" we now regularly use here at the office Google Earth, Google Scholar, and Diigo. The first two you know. Here is what C|Net says about Diigo:
Diigo is an online bookmarking tool with a twist. Sometimes, merely saving a bunch of tagged Web sites to a list of favorites is not enough. Ever wanted to highlight one cool corner of a Web page? Do you wish you could scribble on various Web sites to collect recipes, plan a vacation, or write a big research paper, then share your notes? Diigo can help you do that.
I have been using Diigo for about ten days and like it more than Del.icio.us, which is another bookmarking tool.
I have been able to use Google Earth for demand packages, mediations, and in preparation for trial (I have not used it in a trial yet). It's incredibly useful.
With Google Scholar, the choices are limitless. One late evening I wanted to brush up on joint and several liability. I typed those words in, and the first journal article was, "Settlements Under Joint and Several Liability." G.S. can help in a pinch.
The article is worth a read.
I've been going back to an article posted on C|Net the past week. It is titled, "Top 10 Research Tools" and can be found here.
To me, that article highlights pertinent tools for your lawyer toolbox. Of the "top 10" we now regularly use here at the office Google Earth, Google Scholar, and Diigo. The first two you know. Here is what C|Net says about Diigo:
Diigo is an online bookmarking tool with a twist. Sometimes, merely saving a bunch of tagged Web sites to a list of favorites is not enough. Ever wanted to highlight one cool corner of a Web page? Do you wish you could scribble on various Web sites to collect recipes, plan a vacation, or write a big research paper, then share your notes? Diigo can help you do that.
I have been using Diigo for about ten days and like it more than Del.icio.us, which is another bookmarking tool.
I have been able to use Google Earth for demand packages, mediations, and in preparation for trial (I have not used it in a trial yet). It's incredibly useful.
With Google Scholar, the choices are limitless. One late evening I wanted to brush up on joint and several liability. I typed those words in, and the first journal article was, "Settlements Under Joint and Several Liability." G.S. can help in a pinch.
The article is worth a read.
Monday, October 30, 2006
Health Insurer Sues Plaintiff's Lawyer
Actually it was Primax on behalf of the insurer. The following was posted on one of the lists I subscribe to here in the South:
Last year, [lawyer name] settled a clear liability case for the $100,000 policy limits. There were medical bills of $172,000 (client was in a coma for a while, and will never be the same). We did not pay the heatlh insurer.
Primax Recoveries, Inc., on behalf of my client's Promina employee benefit plan, has now sued in USDC for "equitable relief" alleging that it is a "fiduciary" (is a collection agency a fiduciary under ERISA?).
Has anyone encountered one of these? Any suggestions / thoughts appreciated.
Do you ignore liens? In a post Sereboff age it is just asking for a lawsuit. Previously I posted info on Sereboff here.
Last year, [lawyer name] settled a clear liability case for the $100,000 policy limits. There were medical bills of $172,000 (client was in a coma for a while, and will never be the same). We did not pay the heatlh insurer.
Primax Recoveries, Inc., on behalf of my client's Promina employee benefit plan, has now sued in USDC for "equitable relief" alleging that it is a "fiduciary" (is a collection agency a fiduciary under ERISA?).
Has anyone encountered one of these? Any suggestions / thoughts appreciated.
Do you ignore liens? In a post Sereboff age it is just asking for a lawsuit. Previously I posted info on Sereboff here.
Seroquel: Subpoenaes to Drugmaker
AstraZeneca received subpoenas from state regulators in California and Alaska last month seeking information about its marketing of a Seroquel, an antipsychotic medication.
In a document posted on its Web site, AstraZeneca said it received a subpoena from the California Attorney General's Office seeking information about the marketing and sale of Seroquel in the state. The subpoena also sought information about the drug's status on the "state's formulary," AstraZeneca said, which could be a reference to state programs covering prescription drugs.
In a document posted on its Web site, AstraZeneca said it received a subpoena from the California Attorney General's Office seeking information about the marketing and sale of Seroquel in the state. The subpoena also sought information about the drug's status on the "state's formulary," AstraZeneca said, which could be a reference to state programs covering prescription drugs.
Thursday, October 26, 2006
Effexor (Anti-Depressant): Overdoses Reported to the FDA
The FDA said Wednesday that overdoses had been seen in patients taking Wyeth's anti-depressant Effexor. Overdoses were reported in patients using Effexor, mostly in combination with alcohol or other drugs, the agency said in a statement.
"Health care professionals are advised to prescribe Effexor and Effexor XR in the smallest quantity of capsules consistent with good patient management to reduce the risk of overdose," the FDA said on its site.
Overdoses have resulted in death or have created symptoms such as rapid heartbeat, coma, seizures, vomiting and vertigo.
"Health care professionals are advised to prescribe Effexor and Effexor XR in the smallest quantity of capsules consistent with good patient management to reduce the risk of overdose," the FDA said on its site.
Overdoses have resulted in death or have created symptoms such as rapid heartbeat, coma, seizures, vomiting and vertigo.
Halloween Connection? Vampire Bat Protein In Proposed Drug
An experimental stroke treatment designed to copy a protein found in vampire bat saliva has been put on hold because of potential safety problems.
Forest Laboratories decided to stop enrolling patients in a study of the compound desmoteplase as a treatment for stroke until further data have been analyzed. Desmoteplase is a genetically engineered version of a clot-dissolving protein found in the saliva of the vampire bat Desmodus rotundus. The compound aims to capitalize on the bat saliva's ability to prevent the blood of its prey from clotting, keeping blood flowing as it feeds.
You can sink your teeth into the complete article by going here.
Forest Laboratories decided to stop enrolling patients in a study of the compound desmoteplase as a treatment for stroke until further data have been analyzed. Desmoteplase is a genetically engineered version of a clot-dissolving protein found in the saliva of the vampire bat Desmodus rotundus. The compound aims to capitalize on the bat saliva's ability to prevent the blood of its prey from clotting, keeping blood flowing as it feeds.
You can sink your teeth into the complete article by going here.
Wednesday, October 25, 2006
Florida: Danny Rolling To Be Executed Today
I'm a University of Florida Graduate. After many long years, Danny Rolling will likely die today.
Daniel Harold Rolling is the convicted murderer and mutilator of five students in Gainesville, Florida, in August 1990. He was also suspected of—but never tried on—a triple homicide on November 4, 1989, in Shreveport, Louisiana, and the attempted murder of his father in May 1990.
Here is a posting from a Florida graduate on what happened sixteen years ago. This world will be better with Rolling dead:
"It was the summer of 1990. I had transferred in to begin the accelerated first year architectural design sequence at the University of Florida. The first few years in this program is where I met most of my lifelong friends. Friends that I can relate to, trust and respect… Manual Taboada was one of these friends. We worked together into the late hours/ early morning countless times and when time permitted, we had fun. Manny was a free spirit, intellectual, creative athletic type, if there is such a thing. I recall seeing his long pony tail and wondering what the hell a 6’-3” 225 lbs. guy had to do with 2 feet long hair… but then again, maybe it was just hair envy, as mine began receding that year. Manny was a jokester. He was a guy that could make me laugh just be being himself. One night at a party that featured one of the architectural bands, Manny and I began a chant to get the group to play a request. “Step by Step”; it was some cheesie boy band song, and the chant was in jest. The guys on stage didn’t seem to think it was funny, but to all around, to see two big guys cheering on as such, it was hysterical. Later in the semester, Manny and I got together a fair amount of talent to organize our first flag football team. We saw the chance of participating in a sport, and reliving our high school football years as a means of breaking the monotony of studio. We looked forward to playing that fall. On Sunday, August 26th, I visited Manny at his apartment. I got a chance to meet his roommate, Tracy Paules… She was a hottie, but that’s all I got to know about her. We went outside to throw the football around and shoot the #badword#. The following day, Manny was missing at the studio.
Gainesville was already in turmoil over the deaths of some local coeds, and a rumor had started that a guy was killed also. For the life of me, I never thought there was a chance that a serial killer could go unnoticed against someone of Manny’s stature. I wondered where he was, but wasn’t really considering anything could have happened to him. When the news hit that Manny was one of the victims, that’s when, in my opinion, all hell broke lose in Gainesville. Prior to that, I could comfort my girlfriend with reassurance… after that point, we, as a couple, found others who where experiencing the same fears as us. I recall relocating to another architecture student’s apartment. We slept on the floor, huddled with about 12 guys and girls. Someone stood up to stand watch. Under each pillow was a weapon. I had a long blade. Others had guns. We were indeed scared.
Once the dust settled (if it ever really did), and Rollings was caught, my pain was eased slightly, but Gainesville was different. It lost a little bit of charm. It lost a little bit of security. It lost a great guy. I never really got a chance to be great, lifelong friends with Manny, but to me, he’s still a friend to this date. And as his friend, I suggest that the State of Florida re-thinks the death penalty. It is far too humane. I do not think that I would have a problem rounding up a posse and settling the score as it should be settled. Limb from limb, eye for an eye… that dirtbag needs to die painfully.
With respect to Manny; I love you man.
I’m 37 years old now and I still play flag football and draw pretty pictures of buildings.
Manny may have been doing the same thing today.
October 25th, 2006 – It’s about #badword# time."
--
Daniel Harold Rolling is the convicted murderer and mutilator of five students in Gainesville, Florida, in August 1990. He was also suspected of—but never tried on—a triple homicide on November 4, 1989, in Shreveport, Louisiana, and the attempted murder of his father in May 1990.
Here is a posting from a Florida graduate on what happened sixteen years ago. This world will be better with Rolling dead:
"It was the summer of 1990. I had transferred in to begin the accelerated first year architectural design sequence at the University of Florida. The first few years in this program is where I met most of my lifelong friends. Friends that I can relate to, trust and respect… Manual Taboada was one of these friends. We worked together into the late hours/ early morning countless times and when time permitted, we had fun. Manny was a free spirit, intellectual, creative athletic type, if there is such a thing. I recall seeing his long pony tail and wondering what the hell a 6’-3” 225 lbs. guy had to do with 2 feet long hair… but then again, maybe it was just hair envy, as mine began receding that year. Manny was a jokester. He was a guy that could make me laugh just be being himself. One night at a party that featured one of the architectural bands, Manny and I began a chant to get the group to play a request. “Step by Step”; it was some cheesie boy band song, and the chant was in jest. The guys on stage didn’t seem to think it was funny, but to all around, to see two big guys cheering on as such, it was hysterical. Later in the semester, Manny and I got together a fair amount of talent to organize our first flag football team. We saw the chance of participating in a sport, and reliving our high school football years as a means of breaking the monotony of studio. We looked forward to playing that fall. On Sunday, August 26th, I visited Manny at his apartment. I got a chance to meet his roommate, Tracy Paules… She was a hottie, but that’s all I got to know about her. We went outside to throw the football around and shoot the #badword#. The following day, Manny was missing at the studio.
Gainesville was already in turmoil over the deaths of some local coeds, and a rumor had started that a guy was killed also. For the life of me, I never thought there was a chance that a serial killer could go unnoticed against someone of Manny’s stature. I wondered where he was, but wasn’t really considering anything could have happened to him. When the news hit that Manny was one of the victims, that’s when, in my opinion, all hell broke lose in Gainesville. Prior to that, I could comfort my girlfriend with reassurance… after that point, we, as a couple, found others who where experiencing the same fears as us. I recall relocating to another architecture student’s apartment. We slept on the floor, huddled with about 12 guys and girls. Someone stood up to stand watch. Under each pillow was a weapon. I had a long blade. Others had guns. We were indeed scared.
Once the dust settled (if it ever really did), and Rollings was caught, my pain was eased slightly, but Gainesville was different. It lost a little bit of charm. It lost a little bit of security. It lost a great guy. I never really got a chance to be great, lifelong friends with Manny, but to me, he’s still a friend to this date. And as his friend, I suggest that the State of Florida re-thinks the death penalty. It is far too humane. I do not think that I would have a problem rounding up a posse and settling the score as it should be settled. Limb from limb, eye for an eye… that dirtbag needs to die painfully.
With respect to Manny; I love you man.
I’m 37 years old now and I still play flag football and draw pretty pictures of buildings.
Manny may have been doing the same thing today.
October 25th, 2006 – It’s about #badword# time."
--
Tuesday, October 24, 2006
NYT Editorial: ATLA Name Change
From the NYT today, an editorial on the ATLA name change, quoted here in part, and you can go online or buy the paper version today to read the restL
IF a rose would smell as sweet by any other name, will trial lawyers smell better with a new one? That’s the question posed by the impending self-reinvention of the Association of Trial Lawyers of America. After Election Day, the 65,000-member outfit whose lawyers brought us multibillion dollar settlements in cigarette cases, millions of asbestos injury claims and lawsuits over McDonald’s coffee will change its name to the American Association for Justice.
The problem for the lawyers is that the genius of the tort system — its capacity to marshal the entrepreneurial energies of the bar — is also its greatest public relations liability. Indeed, whether trial lawyers are part of a distinctively American regulatory solution or part of a distinctively American problem, the new name seems unlikely to change the way Americans view them.
John Fabian Witt, a professor of law and history at Columbia, is the author of the forthcoming “Patriots and Cosmopolitans: Hidden Histories of American Law.”
IF a rose would smell as sweet by any other name, will trial lawyers smell better with a new one? That’s the question posed by the impending self-reinvention of the Association of Trial Lawyers of America. After Election Day, the 65,000-member outfit whose lawyers brought us multibillion dollar settlements in cigarette cases, millions of asbestos injury claims and lawsuits over McDonald’s coffee will change its name to the American Association for Justice.
The problem for the lawyers is that the genius of the tort system — its capacity to marshal the entrepreneurial energies of the bar — is also its greatest public relations liability. Indeed, whether trial lawyers are part of a distinctively American regulatory solution or part of a distinctively American problem, the new name seems unlikely to change the way Americans view them.
John Fabian Witt, a professor of law and history at Columbia, is the author of the forthcoming “Patriots and Cosmopolitans: Hidden Histories of American Law.”
Friday, October 20, 2006
Advertising: Another Reason To Record Spots (Radio)
I have posted from time to time on advertising and live radio pots. What I mean by this is that the on air personality will read the spot, as opposed to using a taped spot.
One station in Atlanta is notorious for butchering lawyer spots. Today was no exception. A local attorney sponsors an NFL injury report - a 60 to 90 second roundup of the current wire information.
Leading into today's 8:30 a.m. (or so) time, all of Atlanta heard this: "The [Attorney Name] Injury Report" then laughter. Commentary went like this - In a comic character New York voice one personality said. "Hey if youse guys trip and fall over your azzz, call the law office of [xx] ... he'll sue whoever hurts you." More laughs, a reading of the report information, an incorrect reading of the telephone number of the lawyer, more laughter, mikes cut off, recorded spot read.
A train wreck. Embarrassing, really. Never agree to have live spots read.
One station in Atlanta is notorious for butchering lawyer spots. Today was no exception. A local attorney sponsors an NFL injury report - a 60 to 90 second roundup of the current wire information.
Leading into today's 8:30 a.m. (or so) time, all of Atlanta heard this: "The [Attorney Name] Injury Report" then laughter. Commentary went like this - In a comic character New York voice one personality said. "Hey if youse guys trip and fall over your azzz, call the law office of [xx] ... he'll sue whoever hurts you." More laughs, a reading of the report information, an incorrect reading of the telephone number of the lawyer, more laughter, mikes cut off, recorded spot read.
A train wreck. Embarrassing, really. Never agree to have live spots read.
Florida Trial Attorneys Name Change
The Academy of Florida Trial Lawyers has changed its name to ... Florida Justice Association. This after ATLA has renamed itself, n/k/a American Association for Justice.
I'm sorry, I don't like it. The Georgia version of ATLA has a similar decision to make, and I will guess that the name will delete Lawyer from the title. A mistake. Florida Lawyers for Justice gets the message across.
I'm not surprised, really. It seems that those attorneys who advertise are never consulted on items that matter the most ... how to convey a message. FJA just does not do it.
I'm sorry, I don't like it. The Georgia version of ATLA has a similar decision to make, and I will guess that the name will delete Lawyer from the title. A mistake. Florida Lawyers for Justice gets the message across.
I'm not surprised, really. It seems that those attorneys who advertise are never consulted on items that matter the most ... how to convey a message. FJA just does not do it.
FDA Plans Stent Safety Meeting
Drug-eluting stents marketed by Boston Scientific Corp. and Johnson & Johnson will be discussed at a Dec. 7 and 8 FDA meeting.
The FDA announced the dates for a previously discussed meeting to look at whether drug-coated stents may actually increase the risk of deadly blood clots. The FDA began discussing the meeting after several studies showed patients with drug-coated stents had a higher risk of developing blood clots than patients with bare metal stents. Both types of devices are designed to keep arteries open after they have been cleared of fatty deposits.
The FDA announced the dates for a previously discussed meeting to look at whether drug-coated stents may actually increase the risk of deadly blood clots. The FDA began discussing the meeting after several studies showed patients with drug-coated stents had a higher risk of developing blood clots than patients with bare metal stents. Both types of devices are designed to keep arteries open after they have been cleared of fatty deposits.
Thursday, October 19, 2006
Dr. Peter Rost's Blog
I had someone recommend to me Dr. Rosts's blog. According to the site, Rost is former Vice President for Pfizer who became well known in 2004 when he emerged as the first drug company executive to speak out in favor of reimportation of drugs.
He is the author of a book I just picked up: "Whistleblower: Confessions of a Healthcare Hitman," which shines the light on his trials and tribulations with Pfizer as it assimilated Pharmacia, his prior employer.
A review on another site has this to say about Rost and his book: Rost's book is about more than just himself. Much of the latter half, in fact, has nothing to do with Rost's battle with Pfizer, but is rather a litany of recent drug company corruption, and Rost argues convincingly that the FDA and America's major medical journals have been co-opted by the industry. When he moves on to examine the American economy at large, where he lays out some eye-opening statistics comparing skyrocketing CEO salaries with the static ones of American workers, we realize Rost has reached his destination. (Source: Here).
My early view on this doctor is that he is a fire brand, and he has a pair of brass ones to take on Pfizer. Worth a read of his blog, IMHO.
He is the author of a book I just picked up: "Whistleblower: Confessions of a Healthcare Hitman," which shines the light on his trials and tribulations with Pfizer as it assimilated Pharmacia, his prior employer.
A review on another site has this to say about Rost and his book: Rost's book is about more than just himself. Much of the latter half, in fact, has nothing to do with Rost's battle with Pfizer, but is rather a litany of recent drug company corruption, and Rost argues convincingly that the FDA and America's major medical journals have been co-opted by the industry. When he moves on to examine the American economy at large, where he lays out some eye-opening statistics comparing skyrocketing CEO salaries with the static ones of American workers, we realize Rost has reached his destination. (Source: Here).
My early view on this doctor is that he is a fire brand, and he has a pair of brass ones to take on Pfizer. Worth a read of his blog, IMHO.
Study: Stents Pose Higher Than Expected Risks
An experimental treatment used to clear clogged neck arteries carries a higher-than-expected risk of stroke and death, according to a study that was stopped because of safety reasons.
The study compared the use of stents - small tubes that prop open blood vessels - with a common surgical procedure for cleaning out blockages in the carotid artery. Deaths and strokes were more than twice as common in patients treated with stents, the researchers found.
The new study is published in the most recent New England Journal of Medicine.
Standard treatment for this condition involved doctors clamping off the artery with a surgical intervention to clean out clogged arteries. There are risks, particularly for those patients with heart damage or problems in the other carotid artery.
Doctors then developed another treatment, using a catheter to string a wire mesh stent into the artery that expands and props the artery open.
Carotid stenting has been around since the mid-1990s. The FDA has approved stenting in limited instances - for patients who have symptoms from an artery that is blocked 70%+ or more and for whom surgery would be highly risky.
For more go to the NEJM site. Source: Associated Press.
The study compared the use of stents - small tubes that prop open blood vessels - with a common surgical procedure for cleaning out blockages in the carotid artery. Deaths and strokes were more than twice as common in patients treated with stents, the researchers found.
The new study is published in the most recent New England Journal of Medicine.
Standard treatment for this condition involved doctors clamping off the artery with a surgical intervention to clean out clogged arteries. There are risks, particularly for those patients with heart damage or problems in the other carotid artery.
Doctors then developed another treatment, using a catheter to string a wire mesh stent into the artery that expands and props the artery open.
Carotid stenting has been around since the mid-1990s. The FDA has approved stenting in limited instances - for patients who have symptoms from an artery that is blocked 70%+ or more and for whom surgery would be highly risky.
For more go to the NEJM site. Source: Associated Press.
Wednesday, October 18, 2006
Vioxx: Court Orders Merck to Produce Defense Trial Costs
A New Jersey judge ordered Merck to release records on how much it spent on a trial involving its Vioxx painkiller.
This information should give many people a clear understanding of how Merck spends on Vioxx trials as well as what defense costs may be in the future, at least in New Jersey. More than 29,000 suits have been filed against Merck.
Judge Carol Higbee's Order arises from a request from lawyers for a Plaintiff in a recently tried case that Merck pay their legal fees and expenses of roughly $5.6 million for a trial that combined the cases of two men who suffered heart attacks while taking Vioxx.
The jury found Merck committed consumer fraud in its marketing of Vioxx, and that finding allows plaintiffs' firms to ask for legal fees.
Merck balked at the expense level, prompting plaintiffs' lawyers to ask how much Merck spent on the trial. To the surprise of no one, Merck objects.
For more go here.
This information should give many people a clear understanding of how Merck spends on Vioxx trials as well as what defense costs may be in the future, at least in New Jersey. More than 29,000 suits have been filed against Merck.
Judge Carol Higbee's Order arises from a request from lawyers for a Plaintiff in a recently tried case that Merck pay their legal fees and expenses of roughly $5.6 million for a trial that combined the cases of two men who suffered heart attacks while taking Vioxx.
The jury found Merck committed consumer fraud in its marketing of Vioxx, and that finding allows plaintiffs' firms to ask for legal fees.
Merck balked at the expense level, prompting plaintiffs' lawyers to ask how much Merck spent on the trial. To the surprise of no one, Merck objects.
For more go here.
Tuesday, October 17, 2006
Insurance Companies Expect Record Profits in 2006
Insurance companies are expecting record profits in 2006 after predictions of another year of devastating hurricanes did not happen. Industry experts are estimating that profits may reach $60 billion.
The record profits expected this year come after a terrible 2005, when insurers paid out $61 billion for damage from Hurricane Katrina and other storms. Even so, the insurers ended up with a profit of $43 billion for the year because of exceptionally good results on investments, declining claims on policies on homes away from the coast and profits on other lines of coverage.
For more go here.
The record profits expected this year come after a terrible 2005, when insurers paid out $61 billion for damage from Hurricane Katrina and other storms. Even so, the insurers ended up with a profit of $43 billion for the year because of exceptionally good results on investments, declining claims on policies on homes away from the coast and profits on other lines of coverage.
For more go here.
OTC Obesity Drug Xenical: "Unpleasantness"
Drugmaker GlaxoSmithKline has asked pharmacists to warm patients about the unpleasant side effects that may occur with a potential over- the-counter diet drug. The drug works by preventing fat from being absorbed by the body, a process that can cause oily stools, excess gas and rectal discharge.
U.S. regulators are considering Glaxo's application to sell a low-dose version of prescription medicine Xenical at retail pharmacies.
GlaxoSmithKline spokeswoman Brian Jones said the company is educating pharmacists to let patients know they must follow a low-fat diet and exercise to avoid these side effects. He said if a person who buys the drug keeps to a low-fat diet, that person won't notice them. But if the person continues with a high-fat diet the effects are likely to emerge.
Go here for more.
U.S. regulators are considering Glaxo's application to sell a low-dose version of prescription medicine Xenical at retail pharmacies.
GlaxoSmithKline spokeswoman Brian Jones said the company is educating pharmacists to let patients know they must follow a low-fat diet and exercise to avoid these side effects. He said if a person who buys the drug keeps to a low-fat diet, that person won't notice them. But if the person continues with a high-fat diet the effects are likely to emerge.
Go here for more.
Lester Crawford is the former commissioner of the FDA. He will plead guilty to federal charges of failing to disclose owning shares in companies regulated by the agency.
The charges against Crawford included filing a false document and violating federal conflict-of-interest laws. Crawford may face as much as six months of jail or house arrest and a fine of $50,000.
Government investigators have been probing Crawford's financial dealings since he stepped down as FDA commissioner in 2005 a little more than two months after his Senate confirmation. He stated in 2004 that shares of Sysco Corp. and Kimberly-Clark Corp. had been sold when he and his wife continued to hold them, and he failed to disclose income from Embrex Inc. stock options, U.S. Attorney Jeffrey Taylor said in a court filing.
Crawford, who was acting or deputy FDA commissioner for more than three years, also served as chairman of the FDA's Obesity Working Group in 2003 and 2004 while owning shares of Sysco, a distributor of snack foods, and Pepsico Inc., the world's second- biggest soft drink maker, according to court papers. The panel was formed to study the link between weight and health.
The source for this post can be found here.
How can any sane person expect the FDA to protect the consumers' interests when a person who owns stock in the area charged with his regulatory oversight guards the door?
The charges against Crawford included filing a false document and violating federal conflict-of-interest laws. Crawford may face as much as six months of jail or house arrest and a fine of $50,000.
Government investigators have been probing Crawford's financial dealings since he stepped down as FDA commissioner in 2005 a little more than two months after his Senate confirmation. He stated in 2004 that shares of Sysco Corp. and Kimberly-Clark Corp. had been sold when he and his wife continued to hold them, and he failed to disclose income from Embrex Inc. stock options, U.S. Attorney Jeffrey Taylor said in a court filing.
Crawford, who was acting or deputy FDA commissioner for more than three years, also served as chairman of the FDA's Obesity Working Group in 2003 and 2004 while owning shares of Sysco, a distributor of snack foods, and Pepsico Inc., the world's second- biggest soft drink maker, according to court papers. The panel was formed to study the link between weight and health.
The source for this post can be found here.
How can any sane person expect the FDA to protect the consumers' interests when a person who owns stock in the area charged with his regulatory oversight guards the door?
Monday, October 16, 2006
Website Debut: Doctors Post Opinions of Pharma Drugs
Sermo Inc. runs sermo.com. It's a password-protected private forum where supposedly candid comments made by doctors may be posted then seen (for a fee) by Wall Street investment firms.
The site will also be a forum for doctors to share information about so-called off-label uses of drugs, for conditions other than those approved by the Food and Drug Administration.
Boston.com reports that Sermo generated publicity early. A doctor reportedly commented that Pfizer's Lipitor has been anecdotally reported as causing nightmares in some patients.
In another comment one doctor allegedly said the diabetes drug Byetta was associated with ``sudden death" in 50 patients.
The site has come under criticism from Public Citizen , a Washington nonprofit consumer advocacy group that frequently petitions the FDA to have dangerous drugs removed from the market. Public Citizen said companies should not attempt to supplant the FDA's watchdog role
The site will also be a forum for doctors to share information about so-called off-label uses of drugs, for conditions other than those approved by the Food and Drug Administration.
Boston.com reports that Sermo generated publicity early. A doctor reportedly commented that Pfizer's Lipitor has been anecdotally reported as causing nightmares in some patients.
In another comment one doctor allegedly said the diabetes drug Byetta was associated with ``sudden death" in 50 patients.
The site has come under criticism from Public Citizen , a Washington nonprofit consumer advocacy group that frequently petitions the FDA to have dangerous drugs removed from the market. Public Citizen said companies should not attempt to supplant the FDA's watchdog role
Friday, October 13, 2006
Are Certain Insurance Co. Execs.' Reputations = Child Molesters?
You decide: State Farm filed a motion in a Mississippi Court seeking a change in venue for lawsuits filed in southern Mississippi by individuals who claim insurance carriers failed to pay insured losses to those affected by the destruction of Hurricane Katrina
The damages requested in the lawsuits total about $20 billion and State Farm is petitioning the court to remove the cases to northern Mississippi where the opinion of insurance companies is more favorable.
State Farm included survey results with its motion, which show that 49 percent of people in southern Mississippi believe that insurance executives are on the same level as child molesters.
Read more at the jurist.com.
Convicted child molesters deserve the death penalty, but it shows just how bad the climate is now for insurers in a state that pushed so hard for tort reform.
The damages requested in the lawsuits total about $20 billion and State Farm is petitioning the court to remove the cases to northern Mississippi where the opinion of insurance companies is more favorable.
State Farm included survey results with its motion, which show that 49 percent of people in southern Mississippi believe that insurance executives are on the same level as child molesters.
Read more at the jurist.com.
Convicted child molesters deserve the death penalty, but it shows just how bad the climate is now for insurers in a state that pushed so hard for tort reform.
GA Elections: GOP Involved in Vote Suppression
As in other states with GOP controlled legislatures, here in Georgia the GOP has passed laws which limit that most fundamental of rights, the right to vote.
Georgia's General Assembly has passed photo I.D. laws which have now been struck down three different times as unconstitutional by both the state and federal courts. ("Third Judge Declares Voter I.D. Unconstitutional")
The news today is much more ominous however, and troubling to any reasonable citizen. Why? A week after a judge struck down Georgia's photo ID requirement for voters because it violated the state Constitution, nearly 200,000 letters — not the originally reported 20,000 — were sent out to registered voters, notifying them they may not have a valid driver's license or state-issued photo ID and therefore cannot vote - an incorrect statement of the law. Photo ID is not required to vote Nov. 7.
To me and others, it is a willful violation of the court's order. One Democrat member of the elections board - the GOP controlled entity that sent the letter - said, "This shows the lengths to which Republicans are willing to go to stay in power."
The Judge entered his Order on September 19, 2006, and it made headlines everywhere that day. According to a printing and postal delivery schedule provided by the State Elections Division of the Secretary of State's office, there were 79,496 letters delivered to the post office for mailing on Sept. 20 and another 115,747 sent on Sept. 25.
Foul play? It is unprecedented that the elections board would have sent out the letters, since traditionally it was the job of the election division of the Secretary of State's Office.
Is this how any one party should handle a right enshrined in the U.S. Constitution?
Georgia's General Assembly has passed photo I.D. laws which have now been struck down three different times as unconstitutional by both the state and federal courts. ("Third Judge Declares Voter I.D. Unconstitutional")
The news today is much more ominous however, and troubling to any reasonable citizen. Why? A week after a judge struck down Georgia's photo ID requirement for voters because it violated the state Constitution, nearly 200,000 letters — not the originally reported 20,000 — were sent out to registered voters, notifying them they may not have a valid driver's license or state-issued photo ID and therefore cannot vote - an incorrect statement of the law. Photo ID is not required to vote Nov. 7.
To me and others, it is a willful violation of the court's order. One Democrat member of the elections board - the GOP controlled entity that sent the letter - said, "This shows the lengths to which Republicans are willing to go to stay in power."
The Judge entered his Order on September 19, 2006, and it made headlines everywhere that day. According to a printing and postal delivery schedule provided by the State Elections Division of the Secretary of State's office, there were 79,496 letters delivered to the post office for mailing on Sept. 20 and another 115,747 sent on Sept. 25.
Foul play? It is unprecedented that the elections board would have sent out the letters, since traditionally it was the job of the election division of the Secretary of State's Office.
Is this how any one party should handle a right enshrined in the U.S. Constitution?
Thursday, October 12, 2006
Georgia Politics: Governor's Race and College Football
It seems that what has happened here in Georgia this past week is just one of those "southern things" (with apologies to Buckeye and Nittany Lion Fans) ...
Sonny Perdue is the current Governor of the state, and he is in an election battle with Democrat Mark Taylor. After the Unviersity of Georgia's football team was pounded into submission by the Vols from the University of Tennessee 51-37, the statewide newspaper (the Atlanta Journal Constitution) had a headline that read, "Vols Put 'Dogs in their place."
Well, the sitting Governor (a Bulldog fan) had enough. He wrote to the paper this missive:
Here's The Guv's letter to the editor that ran in the AJC:
"I finally figured out why your readers no longer have confidence in your opinion.
"Sunday's sports page headline is an indication of the way The Atlanta-Journal Constitution views Georgia. From the front page to the business page and now to the sports page, it is as if the AJC gleefully awaits lousy news about all things Georgia and pounces with their poison pens whenever bad things happen to the good people of our state.
"Other cities celebrate the successes and mourn the losses of local businesses, individuals and sports teams. The AJC takes the opposite position and - instead of boosterism - criticizes, investigates and ridicules all things Georgia.
"The AJC, not UGA, is the real loser. In its mean-spirited delight over misfortunes, it has squandered the precious First Amendment right to influence and thus be considered a trustworthy source of objectivity. No wonder more and more people are tuning you out and turning you off." Go here.
The attention this letter garnered after it was written and published in the Sunday paper is what should amaze you. Today is Thursday - day 4 after it was published - and it is still news. Monday and Tuesday two radio stations spent two HOURS each discussing this letter on sports by a Governor. Wednesday and today there are articles in the paper mentioning it. On October 10, 2006, the paper ran a transcript of the Governor's live appearance on a local sports talk show that discussed the letter.
Newspapers in Macon, Charleston and Biloxi have reported on it. So what you say? So, here is yet more proof of how college football is viewed in the South. Governor Perdue does not write to the Editor of the paper about high school gradution rates or college athlete graduation rates, but writes about a headline over a high school football game.
Sonny Perdue is the current Governor of the state, and he is in an election battle with Democrat Mark Taylor. After the Unviersity of Georgia's football team was pounded into submission by the Vols from the University of Tennessee 51-37, the statewide newspaper (the Atlanta Journal Constitution) had a headline that read, "Vols Put 'Dogs in their place."
Well, the sitting Governor (a Bulldog fan) had enough. He wrote to the paper this missive:
Here's The Guv's letter to the editor that ran in the AJC:
"I finally figured out why your readers no longer have confidence in your opinion.
"Sunday's sports page headline is an indication of the way The Atlanta-Journal Constitution views Georgia. From the front page to the business page and now to the sports page, it is as if the AJC gleefully awaits lousy news about all things Georgia and pounces with their poison pens whenever bad things happen to the good people of our state.
"Other cities celebrate the successes and mourn the losses of local businesses, individuals and sports teams. The AJC takes the opposite position and - instead of boosterism - criticizes, investigates and ridicules all things Georgia.
"The AJC, not UGA, is the real loser. In its mean-spirited delight over misfortunes, it has squandered the precious First Amendment right to influence and thus be considered a trustworthy source of objectivity. No wonder more and more people are tuning you out and turning you off." Go here.
The attention this letter garnered after it was written and published in the Sunday paper is what should amaze you. Today is Thursday - day 4 after it was published - and it is still news. Monday and Tuesday two radio stations spent two HOURS each discussing this letter on sports by a Governor. Wednesday and today there are articles in the paper mentioning it. On October 10, 2006, the paper ran a transcript of the Governor's live appearance on a local sports talk show that discussed the letter.
Newspapers in Macon, Charleston and Biloxi have reported on it. So what you say? So, here is yet more proof of how college football is viewed in the South. Governor Perdue does not write to the Editor of the paper about high school gradution rates or college athlete graduation rates, but writes about a headline over a high school football game.
Wednesday, October 11, 2006
In Florida Trial on Fake Cuban Cigars Starts
Should be interesting, given the potential jury pool in South Florida:
Suspected Cuban cigar counterfeiters from Little Havana to Hialeah may be in big trouble. Altadis U.S.A. has helped finance an undercover Miami-Dade Police probe of five suspects charged with trafficking in counterfeit cigars.
The first of three federal trials, set for today, raises controversial issues about the integrity of the investigation, the fake Cuban cigar market, and the U.S. trade embargo against the Castro government. Altadis U.S.A. fronted at least $17,750 to police for five undercover ''buys'' of allegedly fake Cuban cigars, boxes and labeling materials in three separate cases. Police returned about $4,000 in unused money.
Altadis also footed the bill for hauling away and storing seized materials for the upcoming trials, court records show.
An Altadis rep says that a Miami-Dade counterfeiter of 1,000 boxes deprives Altadis U.S.A. of $150,000 to $200,000 in sales.
For more, go here - the Miami Herald (the source of this post).
Suspected Cuban cigar counterfeiters from Little Havana to Hialeah may be in big trouble. Altadis U.S.A. has helped finance an undercover Miami-Dade Police probe of five suspects charged with trafficking in counterfeit cigars.
The first of three federal trials, set for today, raises controversial issues about the integrity of the investigation, the fake Cuban cigar market, and the U.S. trade embargo against the Castro government. Altadis U.S.A. fronted at least $17,750 to police for five undercover ''buys'' of allegedly fake Cuban cigars, boxes and labeling materials in three separate cases. Police returned about $4,000 in unused money.
Altadis also footed the bill for hauling away and storing seized materials for the upcoming trials, court records show.
An Altadis rep says that a Miami-Dade counterfeiter of 1,000 boxes deprives Altadis U.S.A. of $150,000 to $200,000 in sales.
For more, go here - the Miami Herald (the source of this post).
In Florida Trial on Fake Cuban Cigars Starts
Should be interesting, given the potential jury pool in South Florida:
Suspected Cuban cigar counterfeiters from Little Havana to Hialeah may be in big trouble. Altadis U.S.A. has helped finance an undercover Miami-Dade Police probe of five suspects charged with trafficking in counterfeit cigars.
The first of three federal trials, set for today, raises controversial issues about the integrity of the investigation, the fake Cuban cigar market, and the U.S. trade embargo against the Castro government. Altadis U.S.A. fronted at least $17,750 to police for five undercover ''buys'' of allegedly fake Cuban cigars, boxes and labeling materials in three separate cases. Police returned about $4,000 in unused money.
Altadis also footed the bill for hauling away and storing seized materials for the upcoming trials, court records show.
An Altadis rep says that a Miami-Dade counterfeiter of 1,000 boxes deprives Altadis U.S.A. of $150,000 to $200,000 in sales.
For more, go here, the Miami Herald (the source of this post).
Suspected Cuban cigar counterfeiters from Little Havana to Hialeah may be in big trouble. Altadis U.S.A. has helped finance an undercover Miami-Dade Police probe of five suspects charged with trafficking in counterfeit cigars.
The first of three federal trials, set for today, raises controversial issues about the integrity of the investigation, the fake Cuban cigar market, and the U.S. trade embargo against the Castro government. Altadis U.S.A. fronted at least $17,750 to police for five undercover ''buys'' of allegedly fake Cuban cigars, boxes and labeling materials in three separate cases. Police returned about $4,000 in unused money.
Altadis also footed the bill for hauling away and storing seized materials for the upcoming trials, court records show.
An Altadis rep says that a Miami-Dade counterfeiter of 1,000 boxes deprives Altadis U.S.A. of $150,000 to $200,000 in sales.
For more, go here, the Miami Herald (the source of this post).
Friday, October 06, 2006
Lawyer Blog and YP Ads
I ran across the Ben Glass blog, here. Mr. Glass in turn links to an ezine article about yellow page marketing for businesses. The article tells of nine mistakes made in yellow page ads, including:
Imitating the competition and
Writing an ad that pleases you, while ignoring the buyer's self-interest.
I note this today because in our offices a set of phone books from North Atlanta arrived. I must tell you that many of the lawyer ads are TERRIBLE. One Firm has a double truck two page ad that lists just about every type of injury case the firm handles. The ad also lists bankrupcty, real estate, adoptions, three offices, has two photographs, but no website address.
Further in the attorney section, the Firm has decided to reduce the size of this mess, but keep the same content, throughout. What a mess. I am sure that the firm is very proud of the ad.
Have you reviewed your ad lately, if you are in the YP?
Imitating the competition and
Writing an ad that pleases you, while ignoring the buyer's self-interest.
I note this today because in our offices a set of phone books from North Atlanta arrived. I must tell you that many of the lawyer ads are TERRIBLE. One Firm has a double truck two page ad that lists just about every type of injury case the firm handles. The ad also lists bankrupcty, real estate, adoptions, three offices, has two photographs, but no website address.
Further in the attorney section, the Firm has decided to reduce the size of this mess, but keep the same content, throughout. What a mess. I am sure that the firm is very proud of the ad.
Have you reviewed your ad lately, if you are in the YP?
2nd Prempro Trial: Plaintiff Prevails
A jury awarded a Pennsylvania woman $1.5 million in compensatory damages after finding that her breast cancer was caused by Wyeth's Prempro.
Tobias Millrood of the law firm Schiffrin & Barroway represented Nelson.
Tobias Millrood of the law firm Schiffrin & Barroway represented Nelson.
Wednesday, October 04, 2006
Prempro Trial #2 Close to a Verdict
A jury in the Wyeth PrempPro trial is close to reaching a verdict, the jury foreperson told the judge Tuesday afternoon, in PA.
The jury has deliberated for more than 26 hours since 9/26/06 They are trying to decide whether Wyeth's PremPro hormone therapy caused breast cancer in a 66-year-old Ohio woman who had taken the drug to treat menopausal symptoms.
My comment: Either a deadlock or a defense verdict. Even with a Plaintiff's verdict, I don't ever expect these types of cases to reach a global resolution. In my humble opinion, the science is not there, and the confounding factors will make it very difficult for a jury to rule for a Plaintiff.
The jury has deliberated for more than 26 hours since 9/26/06 They are trying to decide whether Wyeth's PremPro hormone therapy caused breast cancer in a 66-year-old Ohio woman who had taken the drug to treat menopausal symptoms.
My comment: Either a deadlock or a defense verdict. Even with a Plaintiff's verdict, I don't ever expect these types of cases to reach a global resolution. In my humble opinion, the science is not there, and the confounding factors will make it very difficult for a jury to rule for a Plaintiff.
Gleevec (Cancer Drug): Risk for Decreased Heart Function
The cancer drug Gleevec may carry a risk for decreased heart function, drug maker Novartis Pharmaceuticals warned on 10/3/06.
Gleevec or "imatinib mesylate" is used to treat adults with a type of blood cancer called chronic myeloid leukemia and a type of cancer of the stomach and bowels known as gastrointestinal stromal tumour.
People who are using Gleevec and have high blood pressure, diabetes or a history of heart disease should talk to their doctor about the risks of heart failure, the company said.
Go here to read more.
Gleevec or "imatinib mesylate" is used to treat adults with a type of blood cancer called chronic myeloid leukemia and a type of cancer of the stomach and bowels known as gastrointestinal stromal tumour.
People who are using Gleevec and have high blood pressure, diabetes or a history of heart disease should talk to their doctor about the risks of heart failure, the company said.
Go here to read more.
Tuesday, October 03, 2006
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