I drove back from Florida this past weekend, watching the Gators beat USCe. On the way back to Georgia, I saw a car whiz by ... loaded up with lettering advertising an accountancy office.
The new SUV had Georgia plates; the rear tailgate window had two inch high lettering indicating the website of the business. Below it, the telephone number with an Atlanta area code. On the right side, the same number with the name of the business.
Good enough, you say. Well, not really. I watched as the SUV weaved in and out of traffic. Cut off by my count at least five cars. As the driver passed me then jumped in front of me in order to traverse two lanes to exit the interstate, a cigarette butt went out the window. Then he/she was gone.
About twenty minutes later, going nearly 100 m.p.h., you guessed it - the accountant. Again, swerving across lanes. Amazingly, another butt tossed from the window. As traffic was heavier (construction), the SUV was in view for a while. Cut off an 18 wheeler, with the trucker using his horn.
I can only tell you that I will remember that business, for all of the wrong reasons. How could this person be so stupid?
Monday, November 13, 2006
Merck's Vioxx Successor - Arcoxia
Merck sent data on heart risks as to the delayed arthritis drug Arcoxia. Arcoxis is/was to be a potential successor to the withdrawn painkiller Vioxx. The company said it seeks a government OK of Arcoxia in 30-milligram and 60-milligram dosages.
Merck supposedly expects the FDA's Arcoxia to take about six more months.
Arcoxia can be purchased in more than sixty countries but has been under review by the FDA since 2003.
Merck said its response to approvable letters issued on Arcoxia by the FDA includes results of the "Medal" clinical trial. The trial, begun in 2002, was specifically designed to evaluate Arcoxia's cardiovascular risks.
Merck supposedly expects the FDA's Arcoxia to take about six more months.
Arcoxia can be purchased in more than sixty countries but has been under review by the FDA since 2003.
Merck said its response to approvable letters issued on Arcoxia by the FDA includes results of the "Medal" clinical trial. The trial, begun in 2002, was specifically designed to evaluate Arcoxia's cardiovascular risks.
Thursday, November 09, 2006
Trial Attorney Blog: Podcast
Dave Swanner and I have spent hours working on the Trial Lawyer Resource Center along with many others who are respected within the trial bar.
Mark Wahlstrom from Legal Broadcast Network talked with me about the efforts of the Trial Lawyer Blog. You can find it here.
Mark's blog is found here.
Mark Wahlstrom from Legal Broadcast Network talked with me about the efforts of the Trial Lawyer Blog. You can find it here.
Mark's blog is found here.
Tuesday, November 07, 2006
FDA Pharma Preemption: Recent Court Opinions
The news comes from both sides of the USA when it comes to the FDA Preamble as to preemption and its applicability in drug litigation. One supporter of the FDA's position says, "The FDA's bottom-line concern is that 'state-law attempts to impose additional warnings can lead to labeling that does not accurately portray a product's risks, thereby potentially discouraging safe and effective use of approved drugs." Source here.
First, the cases rejecting preemption - McNellis v. Pfizer Inc., 2006 WL 2819041 (D.N.J. Sept. 29, 2006), and others:
In McNellis the Court did not allow the preemption defense. The Court held that the regulations do not conflict with New Jersey's failure-to-warn laws. Recognizing the preamble as "an official agency statement" that favors pre-emption of conflicting state law claims, the court gave no deference to the FDA's interpretation because the agency's position has not been consistent over time, the regulations allow increased warnings when new risks emerge, and the relevant Act does not contain an express preemption clause.
You can find McNellis here:here (PDF Alert). You can find the Perry brief that was submitted on behalf of the Plaintiff by going here. (PDF)
After McNellis, Perry v. Novartis Pharma. Corp., No. 05-5350 (E.D. Pa. Oct. 16, 2006) was rendered and it also rejected the FDA's argument. The Perry Court found that a state law requirement to provide an additional warning would not create a conflict or make it impossible to comply with state and federal law.
A 2nd Circuit case, Desiano v. Warner-Lambert (2d Cir. Oct. 5, 2006) also did not agree with the FDA's position.
Court Opinion siding with the FDA Preemption argument:
In re Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, 2006 WL 2374742 (N.D. Cal. Aug. 16, 2006),
In Bextra and Celebrex, the U.S. District Court for the Northern District of California dismissed state law failure-to-warn claims involving a prescription drug because they conflict with the FDA's determination of the proper warning and pose an obstacle to the full accomplishment of the objectives of the Food, Drug and Cosmetic Act. The original label for the drug was approved in 1998, was revised in 1999 to add cardiovascular risks, and was later revised in 2005.
In dismissing claims that cardiovascular warnings were not adequate, the Court gave deference to the FDA's interpretation of the reach of the agency's labeling regulations. Note that the Court rules that consumer fraud claims were not deemd preempted.
The Court relied on the Geier decision.
First, the cases rejecting preemption - McNellis v. Pfizer Inc., 2006 WL 2819041 (D.N.J. Sept. 29, 2006), and others:
In McNellis the Court did not allow the preemption defense. The Court held that the regulations do not conflict with New Jersey's failure-to-warn laws. Recognizing the preamble as "an official agency statement" that favors pre-emption of conflicting state law claims, the court gave no deference to the FDA's interpretation because the agency's position has not been consistent over time, the regulations allow increased warnings when new risks emerge, and the relevant Act does not contain an express preemption clause.
You can find McNellis here:
After McNellis, Perry v. Novartis Pharma. Corp., No. 05-5350 (E.D. Pa. Oct. 16, 2006) was rendered and it also rejected the FDA's argument. The Perry Court found that a state law requirement to provide an additional warning would not create a conflict or make it impossible to comply with state and federal law.
A 2nd Circuit case, Desiano v. Warner-Lambert (2d Cir. Oct. 5, 2006) also did not agree with the FDA's position.
Court Opinion siding with the FDA Preemption argument:
In re Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, 2006 WL 2374742 (N.D. Cal. Aug. 16, 2006),
In Bextra and Celebrex, the U.S. District Court for the Northern District of California dismissed state law failure-to-warn claims involving a prescription drug because they conflict with the FDA's determination of the proper warning and pose an obstacle to the full accomplishment of the objectives of the Food, Drug and Cosmetic Act. The original label for the drug was approved in 1998, was revised in 1999 to add cardiovascular risks, and was later revised in 2005.
In dismissing claims that cardiovascular warnings were not adequate, the Court gave deference to the FDA's interpretation of the reach of the agency's labeling regulations. Note that the Court rules that consumer fraud claims were not deemd preempted.
The Court relied on the Geier decision.
Trasylol (Heart Surgery) News: Link To Kidney Failure
Trasylol (Generic: Aprotinin) is produced by Bayer. It is an injectable drug used to prevent excessive blood loss during heart surgery.
According to reports the drug doubles the risk of kidney failure and stroke and increases the risk of heart failure or heart attack by 55%. It is also linked with encephalopathy (degenerative brain diseases). Researchers announced their findings earlier this year, and the study results were published in the New England Journal of Medicine.
In late September of this year, the FDA held a public advisory committee meeting on to address the safety profile for Trasylol.
Also in September, Bayer informed the FDA that it had completed a study on this drug. The early findings from this study of patients from a hospital database reported that use of Trasylol may increase the chance for death, serious kidney damage, congestive heart failure and strokes.
October was not kind to Bayer and Trasylol. In October, Bayer suspended two senior employees over the company's failure to provide U.S. regulators with data on its heart-surgery drug Trasylol. Bayer also said it had hired an independent counsel to investigate its actions regarding the disclosure of the preliminary results from the Trasylol study. Source here.
FDA officials apparently contacted Bayer about making changes to the label, and also about developing a possible blood test to screen patients for adverse reactions.
Doctors currently are advised to give a small test dose to patients first, but FDA staff have said the tests do not always work and can also be fatal.
According to reports the drug doubles the risk of kidney failure and stroke and increases the risk of heart failure or heart attack by 55%. It is also linked with encephalopathy (degenerative brain diseases). Researchers announced their findings earlier this year, and the study results were published in the New England Journal of Medicine.
In late September of this year, the FDA held a public advisory committee meeting on to address the safety profile for Trasylol.
Also in September, Bayer informed the FDA that it had completed a study on this drug. The early findings from this study of patients from a hospital database reported that use of Trasylol may increase the chance for death, serious kidney damage, congestive heart failure and strokes.
October was not kind to Bayer and Trasylol. In October, Bayer suspended two senior employees over the company's failure to provide U.S. regulators with data on its heart-surgery drug Trasylol. Bayer also said it had hired an independent counsel to investigate its actions regarding the disclosure of the preliminary results from the Trasylol study. Source here.
FDA officials apparently contacted Bayer about making changes to the label, and also about developing a possible blood test to screen patients for adverse reactions.
Doctors currently are advised to give a small test dose to patients first, but FDA staff have said the tests do not always work and can also be fatal.
Election Day: What A Candidate Should Not Do
I have always subscribed to an adage (which some say is a tad corny) coined by Coach Don Shula years ago: "When you win, you can't always tell if you have done too much; when you lose you can always tell you've done too little." I apply it to my work ethic in all aspects of my office: Convincing a potential client to allow my firm to work for her, preparing for a deposition, getting ready for trial. From sports to family.
I have seen many candidates try to do too much in their campaigns, only to end up doing too little.
One candidate for Indiana's Ninth congressional district (source thanks to Crescat Sententia) started a blog in May 7, 2006 with one post, and did too little over the course of his campaign with it. He never paid attention to it after one post. It just sits there on the web, like a business card kept in a wallet. One comment was apparently written by a person named "dick in the dirt."
So future candidates, don't put up a blog and let it wither away. To make matters worse, now it's crosslinked on another blog - comments and all - as an example of not following through.
I have seen many candidates try to do too much in their campaigns, only to end up doing too little.
One candidate for Indiana's Ninth congressional district (source thanks to Crescat Sententia) started a blog in May 7, 2006 with one post, and did too little over the course of his campaign with it. He never paid attention to it after one post. It just sits there on the web, like a business card kept in a wallet. One comment was apparently written by a person named "dick in the dirt."
So future candidates, don't put up a blog and let it wither away. To make matters worse, now it's crosslinked on another blog - comments and all - as an example of not following through.
Monday, November 06, 2006
Ortho Evra (Contraceptive Patch): More Lawsuits Filed
Two lawsuits were filed in San Francisco regardnig the Ortho Evra patch. You can find them listed as Bracken-Hodge v. Ortho-McNeil, 06-457523; and Abel v. Ortho McNeil, 06-457524. In all more than forty women sued the makers of a popular birth-control patch alleging the contraceptive caused serious illnesses and at least one death.
In September, the FDA warned women that their risk of blood clots in the legs and lungs may be higher if they use the Ortho Evra birth-control patch instead of the pill.
The product label was updated to reflect the results of one study that found women using the patch faced twice the risk of clots than did women on the pill. A second study, however, found no difference in risk between the two forms of birth control.
For source go here.
In September, the FDA warned women that their risk of blood clots in the legs and lungs may be higher if they use the Ortho Evra birth-control patch instead of the pill.
The product label was updated to reflect the results of one study that found women using the patch faced twice the risk of clots than did women on the pill. A second study, however, found no difference in risk between the two forms of birth control.
For source go here.
Wednesday, November 01, 2006
Judicial Elections: A Disgrace
I've been in several states where there are hotly contested elections for judge or justice. I can tell you that I am sick of the attacks. Shameful. Disgraceful. An attack on the very fabric of our justice system.
In one Florida community there is an ongoing battle for a County Court position. The jurisdiction of county courts extends to civil disputes involving $15,000 or less.
The majority of non-jury trials in Florida take place before one judge sitting as a judge of the county court. The county courts are sometimes referred to as "the people's courts," probably because a large part of the courts' work involves voluminous citizen disputes, such as traffic offenses, less serious criminal matters (misdemeanors), and relatively small monetary disputes.
In the relatively small potatoes court the level of name calling and sniping literally took my breath away. I witnessed a shouting match between supporters of each candidate. I have heard that one candidate has trashed the moral reputation of one lawyer who dared oppose that candidate. The lawyer caught in the crossfire handles six and seven figure cases so the likelihood that he will ever appear before who gets elected is almost zero.
In Georgia, there is a spot running that has been called the most brutal ad ever produced. The opponent had a staffer tell him not to refer to his opponent as a "one legged Jew."
In Virginia a law student is physically tackled for asking a hard question of a senate candidate.
For shame. No solution in sight. Judicial appointments will not work.
In one Florida community there is an ongoing battle for a County Court position. The jurisdiction of county courts extends to civil disputes involving $15,000 or less.
The majority of non-jury trials in Florida take place before one judge sitting as a judge of the county court. The county courts are sometimes referred to as "the people's courts," probably because a large part of the courts' work involves voluminous citizen disputes, such as traffic offenses, less serious criminal matters (misdemeanors), and relatively small monetary disputes.
In the relatively small potatoes court the level of name calling and sniping literally took my breath away. I witnessed a shouting match between supporters of each candidate. I have heard that one candidate has trashed the moral reputation of one lawyer who dared oppose that candidate. The lawyer caught in the crossfire handles six and seven figure cases so the likelihood that he will ever appear before who gets elected is almost zero.
In Georgia, there is a spot running that has been called the most brutal ad ever produced. The opponent had a staffer tell him not to refer to his opponent as a "one legged Jew."
In Virginia a law student is physically tackled for asking a hard question of a senate candidate.
For shame. No solution in sight. Judicial appointments will not work.
Tuesday, October 31, 2006
Vioxx: Trial #11 in the MDL
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.
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.
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
Friday, September 29, 2006
Thursday, September 28, 2006
Marketing From The "Other Side"
Law firm Web sites are the single most effective marketing tool employed by corporate, transactional and defense firms, according to a national survey by Alyn-Weiss & Associates, Inc. of Denver. Go here. Thanks to Mr. Bodine for the post.
The sample of the results from a prior market survey conducted with firms that have a contingent fee practice can be found in PDF format here.
The sample of the results from a prior market survey conducted with firms that have a contingent fee practice can be found in PDF format here.
Wednesday, September 27, 2006
The Saints Are Coming
I just returned from New Orleans, where on Monday Night the USA was watching. The game scored the 2nd highest rating in cable history. I was there. You can read a bit more about that night on Ernie's site; I can add this:
The people from Louisiana I met were sky high to be back. What it did to their psychological well being cannot be stated enough. I've been to more than 250 football games (college and pro), and this was more electric than any Super Bowl.
The day was crystal clear, the weather had a fall tinge to it (if you live in the South, that is), and the hotels seemed full. Smiles abounded.
Game time neared and the dome was alive. From the first strains of the Rebirth Band to the blocked punt, it was a set of loud and proud moments. After the game, I had a chance to see Coco Robicheaux in the Marigny area of the City.
The song played by Green Day and U2 was a cover of a Skids' punk rock song, "The Saints Are Coming." If you listen closely to the words of this song, you hear the anger, the defiance (typical of punk songs, of course) and of what happened to the City. Very much unlike the other benefit song, "In The Sun." While the hook "the saints are coming" is hammered home in the tune, Bono asks mid-song "how long now?" He then sings, "living like birds in magnolia trees, how long now?" and shouts "a child on a rooftop, a mother on her knees, her sign reads "Please ... I am an American!!"
The crowd goes nuts at that point, but most missed that Bono was crying it out, not thumping his chest. It was a recounting of that unbelievable time post-storm where Americans were anguishing and dying in the flooded city. Perhaps the tone was more in the tone of "I am an American damn it, and this can't be happening to Americans."
Make sure to listen to the lyrics early in the song:
A drowning sorrow floods the deepest grief--How long now?
Until a weather change condemns belief--The stone says
You can see the Green Day/U2 performance here, and see if I am wrong in what I heard and now hear:
The refrain:
The saints are coming, the saints are coming
No matter how I try, I realise there's no reply
The saints are coming, the saints are coming
For many, the "Saints" could have been the governments that promised they would come, but did - too late.
The people from Louisiana I met were sky high to be back. What it did to their psychological well being cannot be stated enough. I've been to more than 250 football games (college and pro), and this was more electric than any Super Bowl.
The day was crystal clear, the weather had a fall tinge to it (if you live in the South, that is), and the hotels seemed full. Smiles abounded.
Game time neared and the dome was alive. From the first strains of the Rebirth Band to the blocked punt, it was a set of loud and proud moments. After the game, I had a chance to see Coco Robicheaux in the Marigny area of the City.
The song played by Green Day and U2 was a cover of a Skids' punk rock song, "The Saints Are Coming." If you listen closely to the words of this song, you hear the anger, the defiance (typical of punk songs, of course) and of what happened to the City. Very much unlike the other benefit song, "In The Sun." While the hook "the saints are coming" is hammered home in the tune, Bono asks mid-song "how long now?" He then sings, "living like birds in magnolia trees, how long now?" and shouts "a child on a rooftop, a mother on her knees, her sign reads "Please ... I am an American!!"
The crowd goes nuts at that point, but most missed that Bono was crying it out, not thumping his chest. It was a recounting of that unbelievable time post-storm where Americans were anguishing and dying in the flooded city. Perhaps the tone was more in the tone of "I am an American damn it, and this can't be happening to Americans."
Make sure to listen to the lyrics early in the song:
A drowning sorrow floods the deepest grief--How long now?
Until a weather change condemns belief--The stone says
You can see the Green Day/U2 performance here, and see if I am wrong in what I heard and now hear:
The refrain:
The saints are coming, the saints are coming
No matter how I try, I realise there's no reply
The saints are coming, the saints are coming
For many, the "Saints" could have been the governments that promised they would come, but did - too late.
Vioxx: What was Counsel Thinking?
It was an impossible case to win going in," said Chris Seeger, referring to the process of selecting which lawsuits go to trial, according to the Merck zero verdict rendered yesterday in New Orleans. Go here for the quote source.
Why was that said? It makes almost no sense to make a remark like that. Most rational people would ask counsel who filed this case: 1)Why did you accept that case? 2)Why did you file it in Court? and 3)Why in the world did you tee it up in Court?
Why was that said? It makes almost no sense to make a remark like that. Most rational people would ask counsel who filed this case: 1)Why did you accept that case? 2)Why did you file it in Court? and 3)Why in the world did you tee it up in Court?
Friday, September 22, 2006
EJustice Tips for Google Ads:
Thanks to Landon @ ejustic.com for providing me with this information. I'm very pleased with the company, who has designed sites for my office, including bonescandal.com:
This is taken from an email of this morning ...
Google’s share of the U.S. searches performed reached 49% in March of this year, while Yahoo’s total search share was 22% and MSN received 11% of total search volume.
Can you remember back to the late 90’s when Google was a baby and Yahoo, Lycos, Hotbot, AOL, AltaVista, Excite and several others were well entrenched players? How did Google, who entered a fiercely competitive industry late in the game, garner such a dominant market share?
Google was able to earn hordes of converts, build deep loyalty and eventually become a household name (“Google it” is now part of our lexicon) because they made our lives easier by bringing us the information we were seeking quickly and efficiently. Their mission has always been providing us the information that is most relevant to our keyword search. Their success in doing so makes them the number one option in search.&nb! sp;
To see an illustration of Google’s dedication to improving your search for information, compare the home pages of Google, Yahoo and MSN. Google.com contains the search bar, logo and some relevant links. Other than that, it is a blank page! It is obvious what they want you to do: search. The Yahoo and MSN homepages are filled with ads, entertainment gossip, news stories, sports updates, weather information and more clutter that begs for your attention. Your eye has to search for the search bar. Google has the disciplined focus of getting people the relevant information they seek.
Google solved a huge problem we had with other engines. If you can recall the early days of search, you will probably remember times that you tried a few different keyword searches and dug through several pages of results before finding any useful information. Google became the only search engine we needed because they! were the best at matching our search query with the content o! f websit es. The keywords we type tell Google what information we desire. They search their enormous database of websites for matches and rank the sites based on relevance.
Since Google’s algorithm for ranking websites is based on relevance, you need to make your website relevant if you want people to find you. Two of the key factors Google uses in determining your relevance are the links that point to your website and the content (text) on your web pages. Links tell Google that your site is probably important and helpful because other websites about similar topics consider your site an authority. Content is the information you provide your readers. Google’s robots are programmed to read your website’s content. The data it collects is processed through Google’s algorithm.
Therefore, if you want people interested in “defective widgets that cause spinal injury” to find your website when they search Google, you had better create page(s) of content specifically discussing defective widgets that cause spinal injury. It is not good enough to simply discuss that your practices helps people who’ve suffered injuries in one section, and that you handle defective product lawsuits in another section. Create content giving helpful information for the exact problem you can help people address. The more specific you are about defective widget spinal injuries, the more relevant you are to people with that problem. The more relevant you are the higher Google will rank you, meaning that more people will find you when they search for information on the topic. Figure out what specific type of clients you would like to earn, and create pages of content tailored to helping them.
This is taken from an email of this morning ...
Google’s share of the U.S. searches performed reached 49% in March of this year, while Yahoo’s total search share was 22% and MSN received 11% of total search volume.
Can you remember back to the late 90’s when Google was a baby and Yahoo, Lycos, Hotbot, AOL, AltaVista, Excite and several others were well entrenched players? How did Google, who entered a fiercely competitive industry late in the game, garner such a dominant market share?
Google was able to earn hordes of converts, build deep loyalty and eventually become a household name (“Google it” is now part of our lexicon) because they made our lives easier by bringing us the information we were seeking quickly and efficiently. Their mission has always been providing us the information that is most relevant to our keyword search. Their success in doing so makes them the number one option in search.&nb! sp;
To see an illustration of Google’s dedication to improving your search for information, compare the home pages of Google, Yahoo and MSN. Google.com contains the search bar, logo and some relevant links. Other than that, it is a blank page! It is obvious what they want you to do: search. The Yahoo and MSN homepages are filled with ads, entertainment gossip, news stories, sports updates, weather information and more clutter that begs for your attention. Your eye has to search for the search bar. Google has the disciplined focus of getting people the relevant information they seek.
Google solved a huge problem we had with other engines. If you can recall the early days of search, you will probably remember times that you tried a few different keyword searches and dug through several pages of results before finding any useful information. Google became the only search engine we needed because they! were the best at matching our search query with the content o! f websit es. The keywords we type tell Google what information we desire. They search their enormous database of websites for matches and rank the sites based on relevance.
Since Google’s algorithm for ranking websites is based on relevance, you need to make your website relevant if you want people to find you. Two of the key factors Google uses in determining your relevance are the links that point to your website and the content (text) on your web pages. Links tell Google that your site is probably important and helpful because other websites about similar topics consider your site an authority. Content is the information you provide your readers. Google’s robots are programmed to read your website’s content. The data it collects is processed through Google’s algorithm.
Therefore, if you want people interested in “defective widgets that cause spinal injury” to find your website when they search Google, you had better create page(s) of content specifically discussing defective widgets that cause spinal injury. It is not good enough to simply discuss that your practices helps people who’ve suffered injuries in one section, and that you handle defective product lawsuits in another section. Create content giving helpful information for the exact problem you can help people address. The more specific you are about defective widget spinal injuries, the more relevant you are to people with that problem. The more relevant you are the higher Google will rank you, meaning that more people will find you when they search for information on the topic. Figure out what specific type of clients you would like to earn, and create pages of content tailored to helping them.
Thursday, September 21, 2006
GA Workers Compensation Report
Report slams Georgia laws on Workers' Comp, from the AJC:
Injured workers in Georgia face some of the toughest obstacles in the nation to getting financial relief for their suffering, according to a study released Wednesday by a national consumer rights group.
"Georgia is extremely problematic," said Joanne Doroshow, executive director of the Center for Justice & Democracy, a New York-based nonprofit that defends consumers' legal rights.
"It's certainly a state where workers have not fared very well in recent years."
Among the problems cited in the report:
•Georgia workers, who on average earn about $700 per week, receive the nation's lowest workers' comp pay – a maximum of $450 a week. Most states set the maximum rate at 75 percent to 100 percent of the state's average weekly wage.
•Georgia workers also have the shortest time to file a claim. The statute of limitations in Georgia is a year, vs. two to three for most other states.
•Georgia workers are cut off from weekly indemnity benefits — roughly two-thirds of their regular pay — after about 400 weeks, or just under eight years, with few exceptions such as catastrophic injury. Though they receive lifetime medical benefits, most workers aren't compensated for lost wages, physical or mental ability after 400 weeks, according to the report.
Go here for more.
Injured workers in Georgia face some of the toughest obstacles in the nation to getting financial relief for their suffering, according to a study released Wednesday by a national consumer rights group.
"Georgia is extremely problematic," said Joanne Doroshow, executive director of the Center for Justice & Democracy, a New York-based nonprofit that defends consumers' legal rights.
"It's certainly a state where workers have not fared very well in recent years."
Among the problems cited in the report:
•Georgia workers, who on average earn about $700 per week, receive the nation's lowest workers' comp pay – a maximum of $450 a week. Most states set the maximum rate at 75 percent to 100 percent of the state's average weekly wage.
•Georgia workers also have the shortest time to file a claim. The statute of limitations in Georgia is a year, vs. two to three for most other states.
•Georgia workers are cut off from weekly indemnity benefits — roughly two-thirds of their regular pay — after about 400 weeks, or just under eight years, with few exceptions such as catastrophic injury. Though they receive lifetime medical benefits, most workers aren't compensated for lost wages, physical or mental ability after 400 weeks, according to the report.
Go here for more.
Wyeth Wins First HRT Trial
A U.S. jury in the first trial against Wyeth's hormone replacement drug Prempro found that the company was not negligent and did adequately warn patients and doctors of the risk of cancer.
Analysts say also say Plaintiffs' lawyers will have a tougher time proving a disease link to Premarin and Prempro than they did with the diet drugs and a tougher time proving that Wyeth failed to inform patients and doctors' about potential risks for the hormone drugs.
For more, go here.
Analysts say also say Plaintiffs' lawyers will have a tougher time proving a disease link to Premarin and Prempro than they did with the diet drugs and a tougher time proving that Wyeth failed to inform patients and doctors' about potential risks for the hormone drugs.
For more, go here.
Vioxx Litigation Score Card
Well done and thorough article, link below which informs:
In the homestretch leading up to the latest trial in New Orleans, the score in the Vioxx litigation was 5 to 4 in favor of Merck. However, in mid-August, 2006, a New Jersey victory for Merck was thrown out reversing the score to 5 to 4 in favor of plaintiffs.
Go here for more.
In the homestretch leading up to the latest trial in New Orleans, the score in the Vioxx litigation was 5 to 4 in favor of Merck. However, in mid-August, 2006, a New Jersey victory for Merck was thrown out reversing the score to 5 to 4 in favor of plaintiffs.
Go here for more.
Ortho Evra: New Warnings
Ortho Evra contraceptive patch will come with a new warning about a study suggesting users could face twice the risks of blood clots compared with birth control pills.
The label instructions for Ortho Evra also will carry results from another study that found the chances of blood clots were equal with the patch and a birth control pill.
The patch, which is replaced once a week, is viewed as more convenient than daily pills.
Scientists have known for years that the estrogen used in contraceptives raises the risks of blood clots, which can cause heart attacks or strokes. Women who use Ortho Evra are exposed to about 60 percent more estrogen than pill users.
For more, go here.
The label instructions for Ortho Evra also will carry results from another study that found the chances of blood clots were equal with the patch and a birth control pill.
The patch, which is replaced once a week, is viewed as more convenient than daily pills.
Scientists have known for years that the estrogen used in contraceptives raises the risks of blood clots, which can cause heart attacks or strokes. Women who use Ortho Evra are exposed to about 60 percent more estrogen than pill users.
For more, go here.
Friday, September 15, 2006
Music Friday: U2 Debuts New Song @ Superdome 9/25
I'm in Atlanta, and the Falcons play the Saints 9/25 - in New Orleans. New Orleans is my favorite city and it's been a while since I have been. In today's news, it is being reported that U2 will now play at halftime and debut a benefit single, "The Saints are Coming:"
U2 and Green Day will debut their charity cover version of 'The Saints Are Coming' by Scottish punk band The Skids with a live performance on US television later this month.
Billboard reports that the bands will perform the song live at the re-opening of the Louisiana Superdome in New Orleans on 25 September, where American Football team the New Orleans Saints will play the Atlanta Falcons in a televised game.
Proceeds from the release of 'The Saints Are Coming' will go to Music Rising, an initiative co-founded by The Edge which helps musicians who lost their instruments during Hurricane Katrina.
For more, go here.
U2 and Green Day will debut their charity cover version of 'The Saints Are Coming' by Scottish punk band The Skids with a live performance on US television later this month.
Billboard reports that the bands will perform the song live at the re-opening of the Louisiana Superdome in New Orleans on 25 September, where American Football team the New Orleans Saints will play the Atlanta Falcons in a televised game.
Proceeds from the release of 'The Saints Are Coming' will go to Music Rising, an initiative co-founded by The Edge which helps musicians who lost their instruments during Hurricane Katrina.
For more, go here.
Thursday, September 14, 2006
Vioxx in JAMA: More Bad News
From the JAMA edition set to go October 4th:
CONCLUSIONS: In this comprehensive analysis of 114 randomized trials with 116,094 participants, rofecoxib (Vioxx) was associated with increased renal and arrhythmia risks. A COX-2 inhibitor class effect was not evident. Future safety monitoring is warranted and may benefit from an active and continuous cumulative surveillance system.
More could have been done to ferret out Vioxx's harmful side effects before any real damage was done. Also, heart-attack risk rose as the dose of Vioxx increased. This risk was most pronounced in the first month after users started taking the drug.
There's a lot of blame to go around -- starting with Merck, according to Dr. Graham. He also cast some blame on the FDA. "In this case, they knew before the drug came on the market that Vioxx increased the risk of heart attack,." Link.
I will slog through it, but you can read it here.
CONCLUSIONS: In this comprehensive analysis of 114 randomized trials with 116,094 participants, rofecoxib (Vioxx) was associated with increased renal and arrhythmia risks. A COX-2 inhibitor class effect was not evident. Future safety monitoring is warranted and may benefit from an active and continuous cumulative surveillance system.
More could have been done to ferret out Vioxx's harmful side effects before any real damage was done. Also, heart-attack risk rose as the dose of Vioxx increased. This risk was most pronounced in the first month after users started taking the drug.
There's a lot of blame to go around -- starting with Merck, according to Dr. Graham. He also cast some blame on the FDA. "In this case, they knew before the drug came on the market that Vioxx increased the risk of heart attack,." Link.
I will slog through it, but you can read it here.
Wednesday, September 13, 2006
Vioxx: Case Gets Murkier
Get it? CNBC news video discusses fact that JAMA study shows no class effect ...
Go here to view it, you must have IE to view.
Go here to view it, you must have IE to view.
Tuesday, September 12, 2006
Third Vioxx Trial Underway: Robert Smith
In New Orleans before Judge Fallon, he has seated a jury of six women and two men was seated to hear the third federal trial involving Vioxx.
Robert Garry Smith is the Plaintiff when he had a heart attack in 2003. The case was selected by Merck as one of its choices to try early in the litigation. Smith has said he didn't realize the drug might have brought on his February 2003 heart attack until he saw a lawyer's television advertisement in 2005.
Merck says Smith was at risk for a heart attack because he was obese and had other medical problems. The company noted in a news release Monday that this is the first case to be tried in which the patient began taking Vioxx after the label was changed to say that the drug might increase the risk of a heart attack.
Smith is represented by Steve Kherkher and John Boundas from Williams Bailey in Houston and Mikal Watts.
Robert Garry Smith is the Plaintiff when he had a heart attack in 2003. The case was selected by Merck as one of its choices to try early in the litigation. Smith has said he didn't realize the drug might have brought on his February 2003 heart attack until he saw a lawyer's television advertisement in 2005.
Merck says Smith was at risk for a heart attack because he was obese and had other medical problems. The company noted in a news release Monday that this is the first case to be tried in which the patient began taking Vioxx after the label was changed to say that the drug might increase the risk of a heart attack.
Smith is represented by Steve Kherkher and John Boundas from Williams Bailey in Houston and Mikal Watts.
Monday, September 11, 2006
1800+ Days Since September 11, 2001
1827. That number in particular struck me today, as it is the number of days (counting today) since that fateful day in 2001. Certainly that day will be on most folks' minds today at work, home, or school.
There are plans for a Flight 93 Memorial, and you can read about them here.
There are plans for a Flight 93 Memorial, and you can read about them here.
Friday, September 08, 2006
Taxus Stent - Blood Clotting Concerns
Boston Scientific is the maker of the Taxus stent, one of its blockbuster products. This week the company confirmed it had seen a statistically significant increase in such clotting n patients receiving its stent. Compared with patients getting bare-metal stents, an additional one in 200 is likely to develop a blood clot, the company said.
The clotting problem is a concern because blood clots can often be fatal. By contrast, the problem the stents are designed to fix, called restenosis, often leads to a repeat heart procedure but is not considered fatal.
Bare metal stents usually are problem free after the first thirty days.
Go here for more.
The clotting problem is a concern because blood clots can often be fatal. By contrast, the problem the stents are designed to fix, called restenosis, often leads to a repeat heart procedure but is not considered fatal.
Bare metal stents usually are problem free after the first thirty days.
Go here for more.
Merck Sponsored Vioxx Report: More Litigation?
The Vioxx report paid for by Merck is 179 pages in length, and also has exhibits. As I slog through it, the conclusion reached by the law firm paid $21 million by Merck to "investigate" and issue the report is that senior managers acted appropriately, but that employee actions were not up to snuff.
The report as I read it suggests that sales/marketing staff sought to "neutralize" doctors who were critical of using Vioxx-related incentives and also suggests that several Merck employees may have attempted to intimidate doctors who were critical of Vioxx.
To me the report suggests that reps used promotional materials that were incomplete as to cardiovascular information on Vioxx. The report also seems to conclude that PR reports were skimpy on the details.
The report as I read it suggests that sales/marketing staff sought to "neutralize" doctors who were critical of using Vioxx-related incentives and also suggests that several Merck employees may have attempted to intimidate doctors who were critical of Vioxx.
To me the report suggests that reps used promotional materials that were incomplete as to cardiovascular information on Vioxx. The report also seems to conclude that PR reports were skimpy on the details.
Thursday, September 07, 2006
Surprise Surprise! Merck Sponsored "Investigation" Exonerates Merck Vioxx Development/Marketing
From the "never saw this one coming" department, an investigation paid for by Merck and it's board has abvoled the company of wrongdoing in developing and marketing the painkiller Vioxx. The law firm that conducted this "investigation" used much of the same information used against Merck.
You can read the report by going here.
The first interesting aspect of this report is the author: "Report of The Honorable John S. Martin, Jr." even though Mr. Martin left the bench in 2003 to practice law with a law firm. It can't be that Merck is trying to use the prestige of a former judge to influence opinion is it?
The cost of the report is $21 milion. 53,000 billable hours were spent on this report, which means that another 5,000 hours were cut. If you do the math, the firm hired to issue this paper spent 300 man hours on each page. It took only seven weeks to write each page. Who says lawyers aren't getting rich from the Vioxx litigation?
The law firm that employs Mr. Martin interviewed 115 people for this paper. The link above does not, alas, have attached Exhibit 2 which lists witnesses.
Thanks to the WSJ Blog for the posting of the report and for the commentary on it. Go here.
Congress didn't give Merck a free pass. At hearings on the drug and the industry, committee members were highly critical of both the drug maker for its use of such highly misleading information and of the FDA for allowing Merck's business practices.
The end result of this ... ahem ... "report" is that it won't make more than one day's worth of news.
You can read the report by going here.
The first interesting aspect of this report is the author: "Report of The Honorable John S. Martin, Jr." even though Mr. Martin left the bench in 2003 to practice law with a law firm. It can't be that Merck is trying to use the prestige of a former judge to influence opinion is it?
The cost of the report is $21 milion. 53,000 billable hours were spent on this report, which means that another 5,000 hours were cut. If you do the math, the firm hired to issue this paper spent 300 man hours on each page. It took only seven weeks to write each page. Who says lawyers aren't getting rich from the Vioxx litigation?
The law firm that employs Mr. Martin interviewed 115 people for this paper. The link above does not, alas, have attached Exhibit 2 which lists witnesses.
Thanks to the WSJ Blog for the posting of the report and for the commentary on it. Go here.
Congress didn't give Merck a free pass. At hearings on the drug and the industry, committee members were highly critical of both the drug maker for its use of such highly misleading information and of the FDA for allowing Merck's business practices.
The end result of this ... ahem ... "report" is that it won't make more than one day's worth of news.
Wednesday, September 06, 2006
Garza Vioxx Trial: Juror Loaned $$$ by Plaintiff
Jose Manuel Rios, a janitor who served on the jury that found Merck liable for Leonel Garza's fatal heart attack after taking the painkiller Vioxx, testified in a post-trial deposition to borrowing up to $10,000 interest free from Garza's widow, Felicia, the plaintiff in the lawsuit against Merck. He said the loans included $2,500 that was paid off just weeks before he was selected as a juror in the case.
For more, go here.
For more, go here.
Fragmin: Anti Blood Clot Drug - Death Risk
Twice as many patients stopped taking Pfizer's anti-blood clotting drug Fragmin because of death compared with those taking another anti-clotting treatment, FDA reps said in a report released on Tuesday.
Fragmin has been on the the U.S. market since 1994 and is approved for short-term use in patients undergoing certain types of abdominal and hip replacement surgery. The drug is also approved for long-term use in patients with certain heart conditions along with aspirin therapy.
Pfizer will ask a U.S. Food and Drug Administration advisory panel to back wider use of Fragmin for treating and preventing blood clots in cancer patients. The drug is already approved for treating blood clots in abdominal surgery patients, among others.
From Reutuers and Yahoo.com
Fragmin has been on the the U.S. market since 1994 and is approved for short-term use in patients undergoing certain types of abdominal and hip replacement surgery. The drug is also approved for long-term use in patients with certain heart conditions along with aspirin therapy.
Pfizer will ask a U.S. Food and Drug Administration advisory panel to back wider use of Fragmin for treating and preventing blood clots in cancer patients. The drug is already approved for treating blood clots in abdominal surgery patients, among others.
From Reutuers and Yahoo.com
Wednesday, August 30, 2006
A Year and a Day After Katrina
I was up the morning of August 30th at 3:00 a.m. watching Anderson Cooper's 360 Katrina Report. A wicked thunderstorm kept me awake. AC's blog has this:
Teams from the DHH (LA Agency) set forth to test out hurricane readiness plans for the 72 nursing homes in the New Orleans area. They were checking to see if the nursing homes had things like adequate generators to power life support devices, sufficient transportation contracts to get residents out if the need arose and a place to shelter those residents in the days following a catastrophe.
The results of those surveys were mailed to the operators of the homes in July. The outcome?
Out of 72 nursing homes, only 21 of them complied with the minimum licensing standards for emergency preparedness. 32 nursing homes had multiple gaps in their emergency preparations -- not only did they not have generators, they also didn't have a plan for how or when to evacuate.
My comment: What are the nursing home operators waiting for? A gun to the head?
Teams from the DHH (LA Agency) set forth to test out hurricane readiness plans for the 72 nursing homes in the New Orleans area. They were checking to see if the nursing homes had things like adequate generators to power life support devices, sufficient transportation contracts to get residents out if the need arose and a place to shelter those residents in the days following a catastrophe.
The results of those surveys were mailed to the operators of the homes in July. The outcome?
Out of 72 nursing homes, only 21 of them complied with the minimum licensing standards for emergency preparedness. 32 nursing homes had multiple gaps in their emergency preparations -- not only did they not have generators, they also didn't have a plan for how or when to evacuate.
My comment: What are the nursing home operators waiting for? A gun to the head?
Tuesday, August 29, 2006
Florida State Courts Closing b/c of Ernesto
Courts as far north as Daytona are closing early:
LOCAL COURTS
Broward County. Courts will be closed Tuesday August 29, Wednesday August 30, and Thursday August 31. Updated 8/28/2006, 4:30 p.m. ET
Collier County. Courts will be closed Wednesday August 30. Updated 8/29/2006, 2:00 p.m. ET
Flagler County. Courts will be closed starting at noon Wednesday August 30 but plan to reopen the following morning for normal business hours. For updated information, check the Court's Web site at www.circuit7.org. Information is also available at (386) 626-6573 (DeLand) and (386) 257-6031 (Daytona Beach). Updated 8/29/2006, 3:30 p.m. ET
Glades County. Courts will be closed Wednesday August 30. Updated 8/29/2006, 1:30 p.m. ET
Hendry County. Courts will be closed Wednesday August 30. Updated 8/29/2006, 1:30 p.m. ET
Indian River County. Courts will be closed Tuesday August 29 and Wednesday August 30. Updated 8/28/2006, 4:00 p.m. ET
Martin County. Courts will be closed Tuesday August 29 and Wednesday August 30. Updated 8/28/2006, 4:00 p.m. ET
St. Lucie County. Courts will be closed Tuesday August 29 and Wednesday August 30. Updated 8/28/2006, 4:00 p.m. ET
Miami-Dade County. Courts will be closed Tuesday August 29 and Wednesday August 30. For more information, use the courts' emergency hotline at 305-349-7777. Updated 8/28/2006, 1:30 p.m. ET
Monroe County. Courts closed at noon Monday August 28 and will be closed Tuesday August 29 and Wednesday August 30. Updated 8/28/2006, 4:00 p.m. ET
Okeechobee County. Courts will be closed Tuesday August 29 and Wednesday August 30. Updated 8/28/2006, 4:00 p.m. ET
Orange County. Courts will be closed Wednesday August 30. Updated 8/29/2006, 1:30 p.m. ET
Osceola County. Courts will be closed Wednesday August 30. Updated 8/29/2006, 1:30 p.m. ET
Go here for the rest of them.
Another Body Parts Scandal: North Carolina
In Raleigh, N.C., a tissue and bone supplier's products posed such a danger to public health that the FDA closed the business down. According to the news, the owner supplied hundreds of tissues for knee repairs, spine surgeries and other medical procedures around the nation, many of them allegedly procured in an unsterile funeral home embalming room. Phillip Joe Guyett is the alleged culprit and his company is Donor Referral Services. Companies have been recalling DRS products from doctors and hospitals since early July.
Is this guy bad news? Guyett was an administrator at the willed body program at Western University in Pomona, Calif., in 1999. He was later charged with selling a cadaver to another school and keeping the $1,100 payment. He pleaded no contest to a felony and embezzlement. He was fined and sentenced in April 2000.
Guyett later showed up in Las Vegas, registering Donor Referral Services with the FDA as a human tissue business. He later moved on to N.C. According to reports there, Guyett also pursued a related business of recycling titanium screws, implants and pins left over after cremation.
The FDA shut him down. It its order, the FDA claims that Guyett altered paperwork on the health history and age of at least five dead donors, eliminating mention of factors like cancer and drug use that might make them ineligible.
Is this guy bad news? Guyett was an administrator at the willed body program at Western University in Pomona, Calif., in 1999. He was later charged with selling a cadaver to another school and keeping the $1,100 payment. He pleaded no contest to a felony and embezzlement. He was fined and sentenced in April 2000.
Guyett later showed up in Las Vegas, registering Donor Referral Services with the FDA as a human tissue business. He later moved on to N.C. According to reports there, Guyett also pursued a related business of recycling titanium screws, implants and pins left over after cremation.
The FDA shut him down. It its order, the FDA claims that Guyett altered paperwork on the health history and age of at least five dead donors, eliminating mention of factors like cancer and drug use that might make them ineligible.
FDA Panels: Rubber Stamps for New Drugs
At least that is what one watchdog group says. Eleven randomly selected FDA advisory committees suggested approval in 79 percent of votes on applications between 1998 and 2005, according to the study by National Research Center for Women & Families. The committees considered 89 products during that period.
Several Congressmen have ripped the FDA for failing to keep up with drug safety. Other groups have said the FDA has appointed doctors and scientists to advisory committees who have financial or or cozy relationships with companies whose products are directly considered.
See here for more.
Several Congressmen have ripped the FDA for failing to keep up with drug safety. Other groups have said the FDA has appointed doctors and scientists to advisory committees who have financial or or cozy relationships with companies whose products are directly considered.
See here for more.
NSAIDs - Possible Link to Birth Defects?
Pregnant women who take the most widely used pain relievers early in pregnancy may be at increased risk for specific heart-related birth defects, that according to a Canadian study.
The Canadian study compared 93 births diagnosed with birth defects in 1,056 women who had prescriptions for NSAIDs filled during the first three months of a pregnancy to 2,478 births with birth defects in 35,331 women who did not fill prescriptions for the pain relievers. They looked at records from 1997-2003.
After adjusting for other known risk factors for birth defects, the researchers reported that women who took NSAIDs early in pregnancy were roughly twice as likely to have a baby diagnosed with any birth defect in the first year as women who did not have NSAID prescriptions filled, and they were three times as likely to give birth to babies with a structural defect such as an abnormal opening, or hole, in the dividing wall separating the right and left sides of the heart.
The most commonly prescribed NSAIDs were naproxen, sold by prescription as Naprosyn and over the counter in the U.S. as Aleve; ibuprofen, sold as prescription Motrin or generic ibuprofen and over the counter as Advil and Motrin; and the prescription Cox-2 inhibitor pain relievers Vioxx and Celebrex.
Go here for more, which is the source of this post.
The Canadian study compared 93 births diagnosed with birth defects in 1,056 women who had prescriptions for NSAIDs filled during the first three months of a pregnancy to 2,478 births with birth defects in 35,331 women who did not fill prescriptions for the pain relievers. They looked at records from 1997-2003.
After adjusting for other known risk factors for birth defects, the researchers reported that women who took NSAIDs early in pregnancy were roughly twice as likely to have a baby diagnosed with any birth defect in the first year as women who did not have NSAID prescriptions filled, and they were three times as likely to give birth to babies with a structural defect such as an abnormal opening, or hole, in the dividing wall separating the right and left sides of the heart.
The most commonly prescribed NSAIDs were naproxen, sold by prescription as Naprosyn and over the counter in the U.S. as Aleve; ibuprofen, sold as prescription Motrin or generic ibuprofen and over the counter as Advil and Motrin; and the prescription Cox-2 inhibitor pain relievers Vioxx and Celebrex.
Go here for more, which is the source of this post.
Monday, August 28, 2006
Prempro Trial: Drug Memo Evidence May Hurt Defense
From the trial currently going forward in Arkansas:
Wyeth researchers in 1983 told of studies focusing on the breast-cancer risks associated with what became the company's Prempro hormone-replacement drug may come back to haunt the drugmaker says a Memo introduced at a trail on the drug.
The FDA's requested Prempro review ``would be very costly and would take many years,'' researchers said in the memo. ``In fact, the result of the studies might prove to be embarrassing.''
For more, go here.
Wyeth researchers in 1983 told of studies focusing on the breast-cancer risks associated with what became the company's Prempro hormone-replacement drug may come back to haunt the drugmaker says a Memo introduced at a trail on the drug.
The FDA's requested Prempro review ``would be very costly and would take many years,'' researchers said in the memo. ``In fact, the result of the studies might prove to be embarrassing.''
For more, go here.
Friday, August 25, 2006
Carrillo ERISA "Lien" Case Affirmed in the 11th Circuit
A Georgia United States District Court decision was affirmed August 24, 2006 by the 11th Circuit Court. The Court consolidated the Carrillo and Parrott cases pending before it.
The style of the case: DEBORAH PARROTT, Defendant-Appellee; BLUECROSS BLUESHIELD OF SOUTH CAROLINA, Plaintiff-Appellant, v. JOSUE CARILLO, VINCENTE CARILLO, Defendants-Appellees.
Pertinent Case #: No. 05-10235 D.C. Docket No. 04-00889-CV-JOF-1 No. 05-13344 D.C. Docket No. 05-00044-CV-HLM-4
The conclusion reads: Popowski and the Commerce Group appeal the dismissal by the district court of their claim under § 1132(a)(3) seeking reimbursement out of the third-party recovery made by Parrott for benefits paid by the United Distributors Plan on her behalf. Because, as required by Sereboff, Popowski and the Commerce Group seek relief from an identifiable fund and have specified the portion of that fund over which they assert a claim, we find that they have stated a claim for appropriate equitable relief under this provision of ERISA. Accordingly, we REVERSE the dismissal, VACATE the denial of the motions for TRO, preliminary injunction, and the addition of Parrott as party-defendant, and REMAND case number 05-10235 for proceedings consistent with this opinion.
BCBS appeals the dismissal by the district court of its claim under § 1132(a)(3) seeking reimbursement for medical expenses paid on behalf of the Carillos by the Mohawk Plan. Because the Mohawk Plan makes the beneficiaries' recovery from a third party only a trigger for reimbursement and sets no limit upon the reimbursement thereby initiated, we find that BCBS has failed to state a claim for appropriate equitable relief according to the requirements outlined in Sereboff. Accordingly we AFFIRM as to case number 05-1334.
http://www.ca11.uscourts.gov/opinions/ops/200510235.pdf
The style of the case: DEBORAH PARROTT, Defendant-Appellee; BLUECROSS BLUESHIELD OF SOUTH CAROLINA, Plaintiff-Appellant, v. JOSUE CARILLO, VINCENTE CARILLO, Defendants-Appellees.
Pertinent Case #: No. 05-10235 D.C. Docket No. 04-00889-CV-JOF-1 No. 05-13344 D.C. Docket No. 05-00044-CV-HLM-4
The conclusion reads: Popowski and the Commerce Group appeal the dismissal by the district court of their claim under § 1132(a)(3) seeking reimbursement out of the third-party recovery made by Parrott for benefits paid by the United Distributors Plan on her behalf. Because, as required by Sereboff, Popowski and the Commerce Group seek relief from an identifiable fund and have specified the portion of that fund over which they assert a claim, we find that they have stated a claim for appropriate equitable relief under this provision of ERISA. Accordingly, we REVERSE the dismissal, VACATE the denial of the motions for TRO, preliminary injunction, and the addition of Parrott as party-defendant, and REMAND case number 05-10235 for proceedings consistent with this opinion.
BCBS appeals the dismissal by the district court of its claim under § 1132(a)(3) seeking reimbursement for medical expenses paid on behalf of the Carillos by the Mohawk Plan. Because the Mohawk Plan makes the beneficiaries' recovery from a third party only a trigger for reimbursement and sets no limit upon the reimbursement thereby initiated, we find that BCBS has failed to state a claim for appropriate equitable relief according to the requirements outlined in Sereboff. Accordingly we AFFIRM as to case number 05-1334.
http://www.ca11.uscourts.gov/opinions/ops/200510235.pdf
Carrillo ERISA "Lien" Case Affirmed in the 11th Circuit
A Georgia United States District Court decision was affirmed August 24, 2006 by the 11th Circuit Court. The Court consolidated the Carrillo and Parrott cases pending before it.
The style of the case: DEBORAH PARROTT, Defendant-Appellee; BLUECROSS BLUESHIELD OF SOUTH CAROLINA, Plaintiff-Appellant, v. JOSUE CARILLO, VINCENTE CARILLO, Defendants-Appellees.
Pertinent Case #: No. 05-10235 D.C. Docket No. 04-00889-CV-JOF-1 No. 05-13344 D.C. Docket No. 05-00044-CV-HLM-4
The conclusion reads: Popowski and the Commerce Group appeal the dismissal by the district court of their claim under § 1132(a)(3) seeking reimbursement out of the third-party recovery made by Parrott for benefits paid by the United Distributors Plan on her behalf. Because, as required by Sereboff, Popowski and the Commerce Group seek relief from an identifiable fund and have specified the portion of that fund over which they assert a claim, we find that they have stated a claim for appropriate equitable relief under this provision of ERISA. Accordingly, we REVERSE the dismissal, VACATE the denial of the motions for TRO, preliminary injunction, and the addition of Parrott as party-defendant, and REMAND case number 05-10235 for proceedings consistent with this opinion.
BCBS appeals the dismissal by the district court of its claim under § 1132(a)(3) seeking reimbursement for medical expenses paid on behalf of the Carillos by the Mohawk Plan. Because the Mohawk Plan makes the beneficiaries' recovery from a third party only a trigger for reimbursement and sets no limit upon the reimbursement thereby initiated, we find that BCBS has failed to state a claim for appropriate equitable relief according to the requirements outlined in Sereboff. Accordingly we AFFIRM as to case number 05-1334.
I'll have the cite shortly, but it is on Westlaw.
The style of the case: DEBORAH PARROTT, Defendant-Appellee; BLUECROSS BLUESHIELD OF SOUTH CAROLINA, Plaintiff-Appellant, v. JOSUE CARILLO, VINCENTE CARILLO, Defendants-Appellees.
Pertinent Case #: No. 05-10235 D.C. Docket No. 04-00889-CV-JOF-1 No. 05-13344 D.C. Docket No. 05-00044-CV-HLM-4
The conclusion reads: Popowski and the Commerce Group appeal the dismissal by the district court of their claim under § 1132(a)(3) seeking reimbursement out of the third-party recovery made by Parrott for benefits paid by the United Distributors Plan on her behalf. Because, as required by Sereboff, Popowski and the Commerce Group seek relief from an identifiable fund and have specified the portion of that fund over which they assert a claim, we find that they have stated a claim for appropriate equitable relief under this provision of ERISA. Accordingly, we REVERSE the dismissal, VACATE the denial of the motions for TRO, preliminary injunction, and the addition of Parrott as party-defendant, and REMAND case number 05-10235 for proceedings consistent with this opinion.
BCBS appeals the dismissal by the district court of its claim under § 1132(a)(3) seeking reimbursement for medical expenses paid on behalf of the Carillos by the Mohawk Plan. Because the Mohawk Plan makes the beneficiaries' recovery from a third party only a trigger for reimbursement and sets no limit upon the reimbursement thereby initiated, we find that BCBS has failed to state a claim for appropriate equitable relief according to the requirements outlined in Sereboff. Accordingly we AFFIRM as to case number 05-1334.
I'll have the cite shortly, but it is on Westlaw.
Thursday, August 24, 2006
Moving the Blog to: www.ageorgialawyer.com
Someone did not renew that domain, so today I have picked it up. Easier to remember, hopefully.
New Trial Lawyer Blog to Debut Soon
Dave Swanner mentioned on his blog last week that a Trial Attorney Collaborative Blog debuts soon.
He wrote: "We have a number of friends that are extraordinary trial lawyers and would benefit tremendously from a blog, but they didn’t have the time to write their own blog" ... so the "idea was to do a group blog with a number of the top trial lawyers, where they would only have to write about a post a week. And if their trial or speaking schedule kept them from writing for a month or so, they could take the time off because there would be others keeping the blog going."
The blog focus - trial techniques. I can tell you that the content provided so far is quite good. Scary good. The names are nationally known ones, and it to me is of the highest quality.
Stay tuned.
He wrote: "We have a number of friends that are extraordinary trial lawyers and would benefit tremendously from a blog, but they didn’t have the time to write their own blog" ... so the "idea was to do a group blog with a number of the top trial lawyers, where they would only have to write about a post a week. And if their trial or speaking schedule kept them from writing for a month or so, they could take the time off because there would be others keeping the blog going."
The blog focus - trial techniques. I can tell you that the content provided so far is quite good. Scary good. The names are nationally known ones, and it to me is of the highest quality.
Stay tuned.
A New Katrina Video
I've written about New Orleans quite a bit on this blog. It's one of my favorite places. As the one year anniversary nears certainly there will be much written. There is a new video that is worth a look.
Go here to view it. A 15 year old blogger has produced it, and it's powerful. The four minute video will likely make you angry again.
Wednesday, August 23, 2006
Atlanta Traffic - A Part of the Equation in my Law Practice
I returned from an early morning meeting here in Metro Atlanta. For some folks it is hard to appreciate the jams drivers face each day here (unless you live in DC, NY or L.A.). Today's traffic jam headed northbound away from the city was by my estimate eighteen miles long.
My trip from the meeting place this morning to my office is usually twenty five minutes. Today? An hour and a half. Trip mileage? Twenty miles.
The traffic has become so bad that for many of my frequent trips to Birmingham, Alabama for business, what is usually a 2.5 hour trip one way sometimes turns becomes a nearly five hour odyssey if I try to leave Atlanta during early rush hour (after 3:30 p.m.).
I'll post pics shortly of a typical, dry, otherwise carefree morning today that turned into a quagmire because of one wreck on a highway where the flow is going the opposite way of rush hour traffic.
You can imagine what this does to scheduling even mundane matters. My office tries to avoid setting hearing or depositions that begin before 10 A.M. or start after 2 P.M. because of traffic. It is not unusual for me to leave 90 minutes before a 9 A.M. hearing - for a travel distance of less than 30 miles. My worst trip time was more than two and a half hours on a 40 mile drive (one way) after a late afternoon deposition. Rain, wrecks, a winter day where the sun went down at 50 PM or so.
CDC ties MoistureLoc Contact Lens Solution to Eye Fungus
The CDC based in Atlanta has declared that a recent outbreak of severe eye infections was associated with the use of ReNu with MoistureLoc contact lens solution, but a chemical reaction that can occur with the solution appears to be the cause.
Officials also believe the fungal contamination occurred in users' homes, not in the manufacturing or storage process.
The CDC study released 8/23/06 shows that 164 confirmed cases of the corneal infection Fusarium keratitis were reported in 33 states and a U.S. territory from June 1, 2005 to June 30, 2006. Ninety-four percent of those cases were among soft contact lens wearers.
"We think that there's something about the chemical make-up of the solution that allows the fungus to grow and cause infection," said study senior author Dr. Benjamin J. Park, medical officer with the U.S. Centers for Disease Control and Prevention. "We don't know the exact mechanism, but it's important that users of solution don't use Moistureloc." See here for quote reference.
Officials also believe the fungal contamination occurred in users' homes, not in the manufacturing or storage process.
The CDC study released 8/23/06 shows that 164 confirmed cases of the corneal infection Fusarium keratitis were reported in 33 states and a U.S. territory from June 1, 2005 to June 30, 2006. Ninety-four percent of those cases were among soft contact lens wearers.
"We think that there's something about the chemical make-up of the solution that allows the fungus to grow and cause infection," said study senior author Dr. Benjamin J. Park, medical officer with the U.S. Centers for Disease Control and Prevention. "We don't know the exact mechanism, but it's important that users of solution don't use Moistureloc." See here for quote reference.
Atlanta: Metro County Ordinance - Cellphone in Wreck means a $500 Fine
From the ajc.com, and other stations airing this news here in my hometown today:
Drivers who cause a wreck while talknig on a cellphone will face a fine of up to $500 under a law that took effect Tuesday in DeKalb County (Just east of Atlanta).
The law, likely the first of its kind in Georgia, sanctions drivers whose "improper" usage of a mobile phone was a "contributing factor" in a collision causing death, injury or damage.
He said he also talked to a county traffic court judge who told him cellphones were a factor in as many as 700 collisions in a year.
"It's becoming more and more of a problem," a county official has said. The law does not target drivers who use headsets or hands-free devices.
The County went the route of imposing a fine as opposed to an outright ban because it would be inappropriate to expect drivers to watch for the county line sign while carrying on a conversation. He said if there were to be a ban, it should be statewide. A state ban has been proposed in the Georgia Legislature but has never passed.
To me the most compelling statement - by a politician no less was this: He said he also talked to a county traffic court judge who told him cellphones were a factor in as many as 700 collisions in a year.
"It's becoming more and more of a problem," Jones said. He said the law does not target drivers who use headsets or hands-free devices.
A county rep accurately stated that there should not be a backlash, "because everybody has a cellphone, and they know one time or another they could have caused an accident."
Drivers who cause a wreck while talknig on a cellphone will face a fine of up to $500 under a law that took effect Tuesday in DeKalb County (Just east of Atlanta).
The law, likely the first of its kind in Georgia, sanctions drivers whose "improper" usage of a mobile phone was a "contributing factor" in a collision causing death, injury or damage.
He said he also talked to a county traffic court judge who told him cellphones were a factor in as many as 700 collisions in a year.
"It's becoming more and more of a problem," a county official has said. The law does not target drivers who use headsets or hands-free devices.
The County went the route of imposing a fine as opposed to an outright ban because it would be inappropriate to expect drivers to watch for the county line sign while carrying on a conversation. He said if there were to be a ban, it should be statewide. A state ban has been proposed in the Georgia Legislature but has never passed.
To me the most compelling statement - by a politician no less was this: He said he also talked to a county traffic court judge who told him cellphones were a factor in as many as 700 collisions in a year.
"It's becoming more and more of a problem," Jones said. He said the law does not target drivers who use headsets or hands-free devices.
A county rep accurately stated that there should not be a backlash, "because everybody has a cellphone, and they know one time or another they could have caused an accident."
Tuesday, August 22, 2006
Merck's Update Re: Vioxx (Shareholder Information)
From the July 2006 Release:
This update supplements information previously provided by the Company. Commencing with the Company's report on Form 10-Q for the first quarter of 2006, the Company generally intends to provide updates on VIOXX litigation through its periodic filings with the Securities and Exchange Commission (SEC). Information regarding scheduled product liability trials in 2006 can be found at www.merck.com.
As previously disclosed, individual and putative class actions have been filed against the Company in state and federal courts alleging personal injury and/or economic loss with respect to the purchase or use of VIOXX. A number of these actions are coordinated in separate proceedings in a multidistrict litigation in the U.S. District Court for the Eastern District of Louisiana (the "MDL"), New Jersey state court, California state court, Texas state court and Philadelphia, Pennsylvania. As of June 30, the Company has been served or is aware that it has been named as a defendant in approximately 14,200 lawsuits, which include approximately 27,100 plaintiff groups alleging personal injuries resulting from the use of VIOXX, and in approximately 190 putative class actions alleging personal injuries and/or economic loss (all of the actions discussed in this paragraph are collectively referred to as the "VIOXX Product Liability Lawsuits").
Of these lawsuits, approximately 5,700 lawsuits representing approximately 16,100 plaintiff groups are or are slated to be in the federal MDL and approximately 7,100 lawsuits representing approximately 7,100 plaintiff groups are included in a coordinated proceeding in New Jersey Superior Court. In addition, as of June 30, approximately 5,800 claimants had entered into Tolling Agreements with the Company, which halt the running of applicable statutes of limitations for those claimants who seek to toll claims alleging injuries resulting from a thrombotic cardiovascular event that results in a myocardial infarction or ischemic stroke.
This update supplements information previously provided by the Company. Commencing with the Company's report on Form 10-Q for the first quarter of 2006, the Company generally intends to provide updates on VIOXX litigation through its periodic filings with the Securities and Exchange Commission (SEC). Information regarding scheduled product liability trials in 2006 can be found at www.merck.com.
As previously disclosed, individual and putative class actions have been filed against the Company in state and federal courts alleging personal injury and/or economic loss with respect to the purchase or use of VIOXX. A number of these actions are coordinated in separate proceedings in a multidistrict litigation in the U.S. District Court for the Eastern District of Louisiana (the "MDL"), New Jersey state court, California state court, Texas state court and Philadelphia, Pennsylvania. As of June 30, the Company has been served or is aware that it has been named as a defendant in approximately 14,200 lawsuits, which include approximately 27,100 plaintiff groups alleging personal injuries resulting from the use of VIOXX, and in approximately 190 putative class actions alleging personal injuries and/or economic loss (all of the actions discussed in this paragraph are collectively referred to as the "VIOXX Product Liability Lawsuits").
Of these lawsuits, approximately 5,700 lawsuits representing approximately 16,100 plaintiff groups are or are slated to be in the federal MDL and approximately 7,100 lawsuits representing approximately 7,100 plaintiff groups are included in a coordinated proceeding in New Jersey Superior Court. In addition, as of June 30, approximately 5,800 claimants had entered into Tolling Agreements with the Company, which halt the running of applicable statutes of limitations for those claimants who seek to toll claims alleging injuries resulting from a thrombotic cardiovascular event that results in a myocardial infarction or ischemic stroke.
Friday, August 18, 2006
Leading Plaintiff's Attorney's Comments on Vioxx News
Andy Childers is one of the nation's leading, young, articulate litigators. If you don't know him, you should. His firm's website can be found here.
I asked Andy to give his opinion on the effects of the recent Vioxx verdict in Louisiana and the decision in the Humeston case in New Jersey. He wrote:
Although both results were very important, I believe the New Jersey Order was even more significant than the New Orleans verdict.
Judge Higbee's Order shows Merck's continuing pattern of deception and lies, not just in the labeling and marketing of Vioxx, but all the way through the trial of the Humeston case. Merck has continued, in my opinion, to lie about what it knew about the dangers of Vioxx and when it knew of such dangers.
What is notable is that on August 17th Judge Higbee also ordered Merck's general counsel, Joanne Lahner (who is in charge of the Vioxx litigation), to appear before her within 20 days for a hearing concerning her role as it relates to Vioxx.
The further we dig into the Vioxx debacle, the more Merck's true colors
come out.
I asked Andy to give his opinion on the effects of the recent Vioxx verdict in Louisiana and the decision in the Humeston case in New Jersey. He wrote:
Although both results were very important, I believe the New Jersey Order was even more significant than the New Orleans verdict.
Judge Higbee's Order shows Merck's continuing pattern of deception and lies, not just in the labeling and marketing of Vioxx, but all the way through the trial of the Humeston case. Merck has continued, in my opinion, to lie about what it knew about the dangers of Vioxx and when it knew of such dangers.
What is notable is that on August 17th Judge Higbee also ordered Merck's general counsel, Joanne Lahner (who is in charge of the Vioxx litigation), to appear before her within 20 days for a hearing concerning her role as it relates to Vioxx.
The further we dig into the Vioxx debacle, the more Merck's true colors
come out.
Thursday, August 17, 2006
Vioxx: Humeston Zero Verdict Vacated
A New Jersey state judge has vacated a jury verdict for Merck & Co. Inc. and ordered a new trial for a postal worker who blamed his heart attack on his two-month use of Vioxx, according to plaintiff's firm Seeger Weiss. Humeston v. Merck & Co. Inc.
Counsel for plaintiff Frederick 'Mike' Humeston said in a statement that Atlantic County Superior Court Judge Carol E. Higbee's ruling nullifies the verdict for all purposes and will allow Humeston a new day in court. The retrial is tentatively planned for January, according to plaintiff's attorney Christopher Seeger.
In an Aug. 17 bench ruling, Judge Higbee said that evidence uncovered since the Nov. 3, 2005, verdict showed that Merck failed to report material cardiovascular safety data connecting increased risk of heart attack with use of Vioxx for less than 18 months, according to Seeger Weiss.
Counsel for plaintiff Frederick 'Mike' Humeston said in a statement that Atlantic County Superior Court Judge Carol E. Higbee's ruling nullifies the verdict for all purposes and will allow Humeston a new day in court. The retrial is tentatively planned for January, according to plaintiff's attorney Christopher Seeger.
In an Aug. 17 bench ruling, Judge Higbee said that evidence uncovered since the Nov. 3, 2005, verdict showed that Merck failed to report material cardiovascular safety data connecting increased risk of heart attack with use of Vioxx for less than 18 months, according to Seeger Weiss.
Merck Takes it on the Chin: $50M Plaintiff's Verdict
Much like announcers do on ESPN's Sportscenter, if you're keeping score at home, it's 5-4 Merck Wins v. Losses.
To me the stakes in this case were much higher. Had the Plaintiff lost this case, then it is a string of losses, with two straight in the MDL.
Defending the case was Phil Beck, who had already won one trial in the MDL against a mismatched Plaintiff's team. The Chicago Tribune wrote, before the trial began:
"If Merck & Co. is ever going to have to pay tens of billions of dollars in damages over its painkiller Vioxx, plaintiffs' attorneys are first going to have to get past Phil Beck."
Beck was a part of the legal team that helped President Bush win the contested 2000 election. He achived victory for Bayer in 2003 in the first trial involving Baycol. Many analysts say that win limited the size of settlements that followed.
"If you had to pick a star out of the roster of lawyers down there in Florida ... it might have been Phil Beck," NBC'sBrian Williams said of Beck's cross-examinations of key witnesses in a Florida judge's decision stopping a recount of more than 12,000 disputed votes. (For sources, go to yahoo.com or the tribune.com site)
More later.
To me the stakes in this case were much higher. Had the Plaintiff lost this case, then it is a string of losses, with two straight in the MDL.
Defending the case was Phil Beck, who had already won one trial in the MDL against a mismatched Plaintiff's team. The Chicago Tribune wrote, before the trial began:
"If Merck & Co. is ever going to have to pay tens of billions of dollars in damages over its painkiller Vioxx, plaintiffs' attorneys are first going to have to get past Phil Beck."
Beck was a part of the legal team that helped President Bush win the contested 2000 election. He achived victory for Bayer in 2003 in the first trial involving Baycol. Many analysts say that win limited the size of settlements that followed.
"If you had to pick a star out of the roster of lawyers down there in Florida ... it might have been Phil Beck," NBC'sBrian Williams said of Beck's cross-examinations of key witnesses in a Florida judge's decision stopping a recount of more than 12,000 disputed votes. (For sources, go to yahoo.com or the tribune.com site)
More later.
Wednesday, August 16, 2006
Katrina Litigation: Judge Sides with Nationwide
Nationwide Mutual Insurance properly denied the vast majority of a claim by a Mississippi couple whose home was destroyed by Hurricane Katrina. The lawsuit was closely watched by the insurance industry and carriers have refused to pay out billions of dollars for flood damage from Hurricane Katrina.
The Judge wrote that the insurer had met the burden of proof that most of the damage to the property in question was caused by "water and waterborne materials" and that as such were excluded.
You can find the opinion here.
The Judge wrote that the insurer had met the burden of proof that most of the damage to the property in question was caused by "water and waterborne materials" and that as such were excluded.
You can find the opinion here.
FDA Warns Surgical Pin and Wire Maker
Medical devices known as Kirschner wires and Steinmann pins made by a Teleflex Inc. plant failed specifications, according to an FDA letter to Teleflex.
The warning letter issued in July can be found on the FDA's Web site. It cited an inspection at the company's Research Triangle Park, N.C., facility. The letter said that, after finding out there were problems with the Kirschner wire and Steinmann pins, Teleflex did not re-evaluate and reinspect the lots that had been released for distribution to determine the extent and seriousness of the problem.
Teleflex was in the news back in October of 2005 when the then-FDA head Lester Crawford sold shares in the company. "Financial disclosure issues" may have played some role in his exit from the FDA, according to news reports.
Sources include Reuters, Bizjournal.
The warning letter issued in July can be found on the FDA's Web site. It cited an inspection at the company's Research Triangle Park, N.C., facility. The letter said that, after finding out there were problems with the Kirschner wire and Steinmann pins, Teleflex did not re-evaluate and reinspect the lots that had been released for distribution to determine the extent and seriousness of the problem.
Teleflex was in the news back in October of 2005 when the then-FDA head Lester Crawford sold shares in the company. "Financial disclosure issues" may have played some role in his exit from the FDA, according to news reports.
Sources include Reuters, Bizjournal.
Tuesday, August 15, 2006
Pharma Drug Companies Continue to End Run Doctors
From Reuters and Yahoo:
The ascendancy of marketing over science?
FDA personnel and Big Pharma watchdogs are worrying about straight to consumer pitches that may offer drugs like a free Viagra prescription or a no-cost trial of sleeping pills.
Coupons for prescription drugs may increase the desire to take a drug that may or may not be the most suitable drug for a person's ailments. Community Catalyst is a group that is joining with others groups in seeking an FDA ban on the practice of coupons for free drugs.
The FDA meekly joined the fraym, then apparently under immense pressure from Big Pharma, retracted a stated position. In 2006, the FDA said that drugs promoted with coupons or free trial offers may be seen as more widely indicated, more appropriate and/or less risky than they may be.
That notice was later pulled back. The FDA position made it one day before it was pulled back. You can read the "Notice" here. On one blog, a poster noted:
The giveaways are not just for adults. Galderma Pharma was roundly hammered for giving free music downloads to people who bought prescriptions for acne drug Differin. That practice has since been stopped.
One University Professor has said the coupon trend was "the same symptom we have seen in the drug industry for years - the ascendancy of marketing over science" as companies fight for market share. Go here.
The ascendancy of marketing over science?
FDA personnel and Big Pharma watchdogs are worrying about straight to consumer pitches that may offer drugs like a free Viagra prescription or a no-cost trial of sleeping pills.
Coupons for prescription drugs may increase the desire to take a drug that may or may not be the most suitable drug for a person's ailments. Community Catalyst is a group that is joining with others groups in seeking an FDA ban on the practice of coupons for free drugs.
The FDA meekly joined the fraym, then apparently under immense pressure from Big Pharma, retracted a stated position. In 2006, the FDA said that drugs promoted with coupons or free trial offers may be seen as more widely indicated, more appropriate and/or less risky than they may be.
That notice was later pulled back. The FDA position made it one day before it was pulled back. You can read the "Notice" here. On one blog, a poster noted:
The giveaways are not just for adults. Galderma Pharma was roundly hammered for giving free music downloads to people who bought prescriptions for acne drug Differin. That practice has since been stopped.
One University Professor has said the coupon trend was "the same symptom we have seen in the drug industry for years - the ascendancy of marketing over science" as companies fight for market share. Go here.
Monday, August 14, 2006
Using Plain English Letters and Pleadings
I am always surprised to read the arcane language used by attorneys in everything from demand letter to pleadings to client letters.
Is it time to revisit your forms? A few items stricken forever from letters and pleadings in my office:
Client updates: I typically start a letter to the client with a simple sentence: "I hope this letter finds you and your family doing well." From a lawyer perspective, I cannot tell you how many times a client will call and mention how nice that simple sentence was.
What I do not use: I cringe when I see a letter to a client that closes with "If you have any questions, please do not hesitate to contact the undersigned at your earliest convenience." Are trial lawyers paid by the word? Ours close with, "Please call me if you have any questions."
Witnesses at depositions, hearings or trials: I picked up a way to start the questioning from a great trial lawyer, Lefferts Mabie. He died several years ago. His simple question to a witness was: "Please tell us who you are and where you live." Not the typical, "Please state your name for the record." One judge before whom I appear frequently now uses it as well.
Pleadings: In Georgia I was mortified to read this when I first relocated: "COMES NOW the Plaintiff, hereinafter referred to as "XXX" and for his Complaint to this Court brings this action against "XXX" and prays ... ." It's a little bit shorter now: "Plaintiff "XXX" sues Defendant "XXX" and alleges.. ." I have yet to see a Motion to Dismiss when I use that language.
Lawyers need to "get off the high horse" as my grandfather used to say and speak plain english. Are your forms or letters too formal?
Is it time to revisit your forms? A few items stricken forever from letters and pleadings in my office:
Client updates: I typically start a letter to the client with a simple sentence: "I hope this letter finds you and your family doing well." From a lawyer perspective, I cannot tell you how many times a client will call and mention how nice that simple sentence was.
What I do not use: I cringe when I see a letter to a client that closes with "If you have any questions, please do not hesitate to contact the undersigned at your earliest convenience." Are trial lawyers paid by the word? Ours close with, "Please call me if you have any questions."
Witnesses at depositions, hearings or trials: I picked up a way to start the questioning from a great trial lawyer, Lefferts Mabie. He died several years ago. His simple question to a witness was: "Please tell us who you are and where you live." Not the typical, "Please state your name for the record." One judge before whom I appear frequently now uses it as well.
Pleadings: In Georgia I was mortified to read this when I first relocated: "COMES NOW the Plaintiff, hereinafter referred to as "XXX" and for his Complaint to this Court brings this action against "XXX" and prays ... ." It's a little bit shorter now: "Plaintiff "XXX" sues Defendant "XXX" and alleges.. ." I have yet to see a Motion to Dismiss when I use that language.
Lawyers need to "get off the high horse" as my grandfather used to say and speak plain english. Are your forms or letters too formal?
Thursday, August 10, 2006
The Unbearable Mopiness of Law Student Bloggers
In my RSS feeds I had (until this past week) more than 125 feeds. I just cleaned house when it comes to RSS feeds from law student bloggers. I do appreciate that law student bloggers let off steam (I think) from blogging, but are any worth reading - ever? 25 of them gone in one fell swoop.
There is one theme that is common - how much their lives suck, how bad job prospects suck, how everything sucks. Woe is me, they seem to cry. Not all, but many. Others just go the path of least resistance - cursing. One student blogger likes the word "f*cking" quite a bit. He also noted that on his to do list was ... sexual self gratification. Another "student" tells me "Why I Hated Law School."
I guess maybe I don't understand law schools, how tough it is, how hard the bar exams are, how tough it is to find a job. Wait! I did go to law school, passed bar exam(s) and applied for jobs.
If you are a law student with a blog or know of one who is writing anything worth reading, email me at mzlawoffices@yahoo..com. Do you exist?
There is one theme that is common - how much their lives suck, how bad job prospects suck, how everything sucks. Woe is me, they seem to cry. Not all, but many. Others just go the path of least resistance - cursing. One student blogger likes the word "f*cking" quite a bit. He also noted that on his to do list was ... sexual self gratification. Another "student" tells me "Why I Hated Law School."
I guess maybe I don't understand law schools, how tough it is, how hard the bar exams are, how tough it is to find a job. Wait! I did go to law school, passed bar exam(s) and applied for jobs.
If you are a law student with a blog or know of one who is writing anything worth reading, email me at mzlawoffices@yahoo..com. Do you exist?
Wednesday, August 09, 2006
Minors' Pharma Drug-Suicide Link Claimed
A recent studay suggests a link between Selective Serotonin Reuptake Inhibitors (SSRI drugs) like Zoloft and Paxil and suicides.
Mark Olfson, M.D. at the College of Physicians and Surgeons at Columbia University Medical Center used a Medicaid database of patients hospitalized with severe depression.
With more than 5,000 in the study found in the Archives of General Psychiatry, they separated children aged 6 to 18, from a group of adults and those who attempted suicide or succeeded. They found five times as many patients who met certain pre-set criteria but had not committed suicide or attempted it.
The study showed that young people who attempted suicide were 1.5 times more likely to have been on an antidepressant at the time of the attempt. Even though only eight children actually took their own lives, they found that they were 15 times more likely to have been on antidepressants. Children who took their own lives were more likely to have been taking a selective serotonin reuptake inhibitor, SSRIs, like Zoloft and Paxil.
For more go here.
Mark Olfson, M.D. at the College of Physicians and Surgeons at Columbia University Medical Center used a Medicaid database of patients hospitalized with severe depression.
With more than 5,000 in the study found in the Archives of General Psychiatry, they separated children aged 6 to 18, from a group of adults and those who attempted suicide or succeeded. They found five times as many patients who met certain pre-set criteria but had not committed suicide or attempted it.
The study showed that young people who attempted suicide were 1.5 times more likely to have been on an antidepressant at the time of the attempt. Even though only eight children actually took their own lives, they found that they were 15 times more likely to have been on antidepressants. Children who took their own lives were more likely to have been taking a selective serotonin reuptake inhibitor, SSRIs, like Zoloft and Paxil.
For more go here.
Friday, August 04, 2006
Vioxx Verdict: No Withdrawal at "The Bank"
Stewart Grossberg's case in California was a quick zero verdict for Merck yesterday. It was seen as important for the company because it came in a courtroom located in Los Angeles' Central Civil West Courthouse, a courthouse known as "The Bank" for its record of granting huge awards in product liability cases.
Several considered Grossberg's case as weak because he took the drug on an as needed basis, not every day. Several attorneys viewed the verdict as only a qualified
victory for Merck.
I'll comment later when I have had a chance to talk to a few more colleagues.
Several considered Grossberg's case as weak because he took the drug on an as needed basis, not every day. Several attorneys viewed the verdict as only a qualified
victory for Merck.
I'll comment later when I have had a chance to talk to a few more colleagues.
A Blog Worth Reading: Slidell Hurricane Damage Blog
My thanks to Ernie the Attorney who told the world today about Brian Oberkirch and his blog. You can find it here, http://slidell.weblogswork.com/ and it is worth your while. It's not a law related blog, however.
I pulled the pic at the top of this post from Brian's Flickr account. Sort of sums of what you can get at most mom and pop stores along the coast of Louisiana - and Alabama and West Florida for that matter. Whenver I need live minnows (or crickets) and a six pack, this is the place to go.
I love New Orleans and its environs more than any other city, and hopefully you can tell that from reading my posts here (Just search the blog using "New Orleans"). I and others pray that it comes back, as well as cities like Slidell.
Keep it going, Brian!
Wednesday, August 02, 2006
CA Vioxx Trial Goes to Jury 8/2/06 (Grossberg)
Stewart Grossberg's case goes to the jury today 8/2/06. Grossberg is 71. He started taking Vioxx in 1999 to manage joint pain in his knees, hands and elsewhere caused by osteoarthritis. He claims that a 2001 heart attack was caused by Vioxx.
Tom Girardi is lead Plaintiff's lawyer on the case. Expect a decision possibly as soon as Friday afternoon.
Tom Girardi is lead Plaintiff's lawyer on the case. Expect a decision possibly as soon as Friday afternoon.
Tuesday, August 01, 2006
Second MDL Vioxx Trial Begins
A retired FBI agent is up next this week in New Orleans, LA before Judge Fallon. The Plaintiff - Jerry Barnett - took the drug for for more than eighteen months. His claim of injury is a heart attack, and his counsel is Mark Robinson.
The Plaintiff began taking pain relievers after an auto accident in 1978 and switched to Vioxx in January 2000. Barnett took Vioxx for 55 months, from January 2000 to September 2004, when Vioxx was pulled from the market and had a heart attack after 31 months of use.
Stay tuned.
The Plaintiff began taking pain relievers after an auto accident in 1978 and switched to Vioxx in January 2000. Barnett took Vioxx for 55 months, from January 2000 to September 2004, when Vioxx was pulled from the market and had a heart attack after 31 months of use.
Stay tuned.
FDA Warns Eli Lilly Regarding Alimta Ads
The FDA warned Eli Lilly and Co. for giving consumers misleading information about its cancer drug Alimta.
In a brochure for patients, the drug maker failed to say which specific conditions Alimta treats, according to the FDA's letter of July 27, 2006 and released on its Web site.
The brochure informs patients that "Alimta is a chemotherapy drug used to treat certain types of cancer." d.
Alimta is approved to treat non-small cell lung cancer or in some cases mesothelioma. According to the warning letter, the brochure also fails to tell patients that there were no trials showing a clinical benefit such as improved survival or relief of symptoms in patients with non-small cell lung cancer.
Go here for more.
In a brochure for patients, the drug maker failed to say which specific conditions Alimta treats, according to the FDA's letter of July 27, 2006 and released on its Web site.
The brochure informs patients that "Alimta is a chemotherapy drug used to treat certain types of cancer." d.
Alimta is approved to treat non-small cell lung cancer or in some cases mesothelioma. According to the warning letter, the brochure also fails to tell patients that there were no trials showing a clinical benefit such as improved survival or relief of symptoms in patients with non-small cell lung cancer.
Go here for more.
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