News, musings and commentary on dietary supplements & pharmaceutical law issues, technology, and litigation. Lawyers for consumers and injured people.(No advice on this blog, though) mark(at)markzamora.com
Monday, November 19, 2007
Celebrex MDL: Breyer to Toss Out 200 mg dosage of Celebrex
Stay tuned.
Wednesday, November 14, 2007
Vioxx and New Orleans: A Busy Week in December
On December 10 and 11, Mealey's will host a Plaintiff's Only National Settlement Conference chaired by my friend Tom Girardi, and which will cover among other things, the "View From the Bench" and the "Role of the Special Master."
On December 14, 2007 Judge Fallon will hear from counsel at its status conference.
Tuesday, November 13, 2007
Trasylol Pulled from Market b/c of Claimed Link to Kidney Problems
Bayer AG last week voluntarily stopped worldwide sales of its antibleeding drug Trasylol after a Canadian clinical study found it could be linked to a higher risk of death than other drugs.
Trasylol, also known as aprotinin, works by blocking enzymes that dissolve blood clots. It is designed to stem blood loss and enable patients receiving heart bypass surgery to avoid transfusions. The FDA approved Trasylol in the 90's. At least two studies found an alleged link between its use and kidney problems, heart attacks and strokes. There have been reports of renal failure tied to the drug's use. Stay tuned.
Friday, November 09, 2007
Friday Diversion: When Your Dogs Go Deaf
These four legged family members have heard me mutter about the law on walks, have listened to me practice my legal arguments, and have on my occasion wagged their tails furiously (surely in agreement) when I vented about the failures of the legal system.
It's new territory when what was once taught to help in field work - hand signals - now becomes the only way to communicate. Today I worked with them in total silence and realized how changes come whether you are ready or not. I vowed to spend more time with each, seeing how each still loves the attention.
I hope that when I'm that old someone will have remembered to go over hand signals with me.
Merck Announces Vioxx Settlement: $4.85 Billion
From everywhere:
Merck hasagreed to pay nearly $4.85 billion to settle a significant portion of the claims over injuries claimed to linked to Vioxx.
The drug maker said if certain conditions under the agreement are met, Merck will pay a fixed amount of $4.85 billion into a settlement fund for qualifying claims that enter into the resolution process.
The average plaintiff will receive just over $100,000 before legal fees and expenses according to one report. The settlement amount represents less than one year's profit for the company.
Thursday, November 08, 2007
GTLA Blog: Washington State Voters Approve Pro-Consumer Insurance Bill
All eyes were on the state of Washington yesterday. Consumer advocates around the nation waited anxiously as voters turned out to voice their opinions by casting ballots on Referendum 67. It seems that Washington, like many other places, has had problems with insurance companies denying or delaying fair and just claims. The referendum allowed the people to decide what should happen.
Referendum 67 basically stated that if an insurer, acting in bad faith, unreasonably denies a legitimate claim, that insurer could be liable for up to triple the amount of damages.
Roughly 60% of voters approved Referendum 67. It would seem that unscrupulous business practices by insurance companies do indeed have consequences.
Wednesday, November 07, 2007
Report : Crestor Fails to Reduce Heart Failure Deaths
The study was released at the yearly American Heart Association's meeting in Orlando, Florida. Source here.
According to the study, 11.4 percent of those on Crestor died or had a heart attack or stroke when compared with 12.3 percent given a placebo. All patients got aggressive drug therapy for the underlying heart failure.
The trial study had 5,011 patients tracked for an average of 2 1/2 half years. While Crestor didn't cut death rates in the study, the drug helped patients avoid hospitalizations and marginally lowered heart attack and stroke rates.
For more, go here.
Monday, November 05, 2007
How Tech Affects Concerts
News from Legal Broadcast Network
The Legal Broadcast Network (LBN) is an internet media company designed to leverage the powerful broadcasting medium of the internet to reach a very specific, high value audience of trial lawyers and other legal professionals announces key news. LBN's studios are located in Phoenix, Arizona and it provides 24/7 access for lawyers, paralegals, law schools, trial lawyer associations and others to draw on the expertise, knowledge and resources of professionals that have been successful in fighting for plaintiffs rights. LBN, co-founded by Jan R. Schlichtmann and Mark Wahlstrom, is the first online and podcast radio program specifically designed for trial lawyers, their clients and experts who help the community.
"The Miller Group and affiliated companies ("Miller") is the most ideal organization to assist the Company in developing and implementing its ultimate plan to broaden the scope of our successful LBN network," said Jan R. Schlichtmann. "Miller's successful Wall Street track record in working with emerging growth and middle-market companies, and their experience working with entrepreneurial management teams was a key factor in joining together."
Mark Wahlstrom stated, "We felt Miller's financial expertise along with their depth of media experience was a critical component in assisting LBN in taking the next step to building the Legal Broadcast Network into a premier internet and media company.
Rudy R. Miller, Chairman, President and Chief Executive Officer of Miller commented, "We are especially pleased to assist the founders and shareholders of LBN in executing a financial, business and media strategy. We look forward to a long and mutually rewarding partnership."
About The Miller Group
Miller, headquartered in Phoenix, in comprised of several affiliate companies including Miller Capital Corporation (MCC), which offers a broad spectrum of financial advisory and related services to both public and private middle-market companies located throughout the United States. MCC provides services in venture capital and private equity investing, management consulting and business valuations. Miller Capital Markets (MCM), a FINRA member firm, is a boutique investment bank that handles merger and acquisition transactions, private placement of equity and debt and public market advisory services. Miller Investments, Inc. and Miller Management Corporation are also a part of The Miller Group of affiliated companies.
A select group of past and present Miller clients include: America West Airlines, Inc., USAir Express, Capital Title Group, Inc., Global Entertainment Corporation, McMurry, Inc., REGENT Communications, Ritz Carlton magazine, Four Rivers Broadcasting, JACOR Communications and Wall Street Awareness Series, a nationally syndicated television program.
About LBN Founders
Jan R. Schlichtmann is a nationally recognized plaintiff attorney for his work that centers on consumer, environmental, product, toxic and mass tort litigation. He garnered international recognition for his representation in the 1980s of eight Woburn, Massachusetts families against W.R. Grace and Beatrice Foods for the contamination of the Woburn City Water supply. Today, Mr. Schlichtmann hosts his weekly show "Civil Action Radio" from Beverly, Massachusetts, which can be heard via podcast or from the continuous audio stream broadcast from the LBN Phoenix studios.
Mark Wahlstrom's firm, Wahlstrom & Associates, has 25 years experience in providing strategic advice in the development and design of structured annuities and settlement trusts. Mr. Wahlstrom is regarded in many legal circles as a leading expert in his field.
Friday, November 02, 2007
Prempro: Case Dismissed in MN
Judge George F. McGunnigle a State Court Judge in Minneapolis granted Wyeth’s motion to dismiss the action, ruling that a woman who blamed the drugs for her breast cancer had failed to offer any scientifically valid evidence supporting her claim.
Source: Here.Imported Drugs Causing Problems for the FDA
The FDA can't adequately inspect foreign drug manufacturers because its database is so outmoded it doesn't even know how many foreign firms are shipping drugs to the United States, according to testimony to Congress.
Marcia Crosse, director of health care at the Government Accountability Office, told a House hearing that without such basic data the FDA "cannot provide the assurance that the imported drugs are safe."
The FDA this year listed 3,249 foreign pharmaceutical manufacturers subject to its inspection — yet the agency cannot determine whether it has ever inspected 2,133 of them
A report by Congress a decade ago showed similar shortcomings, and that nothing had been done.In my view, the FDA cannot possibly hope to keep up - it is a lost cause, and a new solution needs to be found.
Wednesday, October 24, 2007
Trasylol Lawsuit filed in N.Y.
A NY lawsuit filed claims that the drug an eight-month hospitalization and death. According to the source, Doctors at Stony Brook University Medical Center said the man's complications were serious side effects from the drug, Trasylol, which is used to control bleeding during heart surgery (according to the lawsuit).
The drug allegedly caused kidney failure in the 52-year-old man, and set off a chain reaction that forced Randone to have both his legs amputated, require a tracheotomy and be put on a ventilator to breathe.
Thursday, October 11, 2007
$134.5 M Verdict in Prempro: Wyeth Execs knew of Cancer Dangers since the 1970's
Their cases all have a common claim: That hormone- replacement medicines, including Prempro and Premarin, caused their breast cancers.
Closing arguments were held on 10/8/07.
Monday, October 08, 2007
Merck Wins Another Vioxx Case: FL State Court
From various sources listed below:
In in a Florida State Court (Hillsborough County Circut Court) a jury ruled in favor of Merck in the defense of a Vioxx case.
Refik Kozic was the plaintiff in that action. He was known for his major league soccer career, playing for the Tampa Bay Rowdies. According to most reports, Kozic had atherosclerosis and coronary artery disease Kozic had high cholesterol and other risk factors that contributed to the progression of his disease over a long period of time.
Florida Circuit Court Judge William P. Levens presided over the case. This was the first VIOXX case in Florida to go to trial.
Tuesday, October 02, 2007
Lawyer Advertising: What Not To Do
What was missing? In the short span of the ad, the telephone number was mentioned once - about fifteen seconds in -but not mentioned again. The Law Firm's name was mentioned only once, and the name was not easy to pronounce much less remember. There was no website reference. There was one mention of the street address.
Why waste your money on this?
In my experience, any radio ad must mention the phone number at least three times. A website reference (at least twice) is critical, especially if the Law Firm name it not easy to recall.
At a minimum, if a firm has a toll free number the .com can be just that ... "our number is the same as our website: 877-80 DRUGS , 87780drugs.com"
Tuesday, September 25, 2007
Lawyers: Is Your Web Site Lacking?
Yesterday I was seeking out attorneys in a western city and state to discuss a possible referral. At 8 p.m. from one of my websites I received an email from a person with a potential case. We spoke the same night. Immediately I went looking for an attorney, only to have little success. It took me nearly a half hour to find one attorney.
Where did this happen? A city that is the state capitol of said state. When I found a site for a firm/attorney with potential, I looked for a way to contact or email the attorney right away. Nothing. No email listed, no "Contact Us" box. Just a phone number which of course went to a recorded voice mail. By the time the office opens, it will be 11 a.m. Eastern here in my city, and the chance to possibly work on a significant case is gone forever.
Ok, no problem I thought. Next attorney site, same problem. Next attorney site, nothing. Finally, at lawyer website number four, an email listing. I emailed that attorney and have a reply this morning at 8:30 a.m. Eastern. The attorney in that city is already up and working before the sun has risen in his town. He has my attention.
For the others who missed the chance, how can this be?
One thing I've always remembered is a saying from a fellow lawyer many years ago: People just don't need a lawyer during business hours. The same is true on the web. To think that any firm or attorney would not even list a way to be reached other than by telephone when putting up a website just made me wonder ... how many potential clients are being missed? How many - like me - simply moved on to the next attorney?
Does your site miss such a vital piece? Check your site right now, today. Because if I need your assistance and the only way to reach you is by phone after hours, I'm moving on to your competitor.
Wednesday, September 19, 2007
FDA Warns Hand Sanitizer Maker Re: Claims It Prevents Colds
The FDA reported that it had sent P and G a warning letter about the "unlawful" marketing claims. The FDA claimed that this amounted to an unapproved drug because it did not contain proper instructions for use and carried the unsupported claims that the product could effectively fight germs that cause colds.
Also, "the product claims to be effective in fighting the "germs" that cause colds. We are not aware of sufficient evidence to show that that the product is generally recognized as safe and effective in preventing individuals from becoming infected with colds, a condition caused by viruses."
Alas, the FDA gives P and G 15 working days to take steps to take action, or more as needed. How long will it take? Stay tuned ... .
Monday, September 17, 2007
Trucking Interrogatories
Go here to get the discovery. Here is a sample:
GENERAL
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What is Defendant’s document retention policy?
WRECK
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Was driver within course and scope of his employment at the time of the collision?
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If anyone on behalf of Defendant went to the collision scene please answer the following: Who on behalf of Defendant photographed or video graphed the scene, vehicles or both?Who on behalf of Defendant measured the collision scene?
Thursday, September 13, 2007
Free Software Worth a Look
1.Foxit Reader. A replacement for an Adobe reader. Faster and easier to use. Go here to find it.
The site says: "Are you tired of waiting for your PDF to load? Look no further, Foxit Software is the answer! Foxit Software specializes in core PDF technologies and provides a true and complete PDF solution. These affordable high quality solutions range from generic PDF desktop products to customized PDF applications and software development kits for various platforms."
2.Irfan View. In a nutshell, it is a simple graphic viewer. You get with it email, the ability to change color, and a thumbnail/preview option. Go here to find it.
3.Shorttext.com. While not freeware, it is a handy little webpage to use when you are on a public computer or another PC. The vanilla site informs:
ShortText.com is a simple tool to post text online, with minimum fuss. No sign ups, no sign in, just instant web presence for your information.
"Don't have a website? Don't want a blog? Want to share a piece of code...perhaps an article? Just paste your text below and click 'Create URL'! ShortText.com now supports direct linking to your images and video. "
I've used it as a reminder to myself and as a short note to a fellow lawyer.
Each is worth a go.
Tuesday, September 11, 2007
NYC Debuts 9/11 Health Website
Today marks the debut of http://www.nyc.gov/html/doh/wtc/html/home/home.shtml, which the City proclaims to be "a single source for information about the health effects of 9/11. It consolidates the latest information about scientific research and services, including where those affected can go for free treatment and medicine."
The website includes easily accessible research findings and treatment options for the different groups of affected people - rescue and recovery workers, residents, children, and city employees.Several interesting facts gleaned from various websites:
The World Trade Center Health Registry monitors the long-term health of people who were exposed to the World Trade Center disaster. They now reside in all 50 states.
The Registry recently released findings about rescue and recovery workers, some of whom were suffering from asthma and post-traumatic disorder as a result of the disaster.
One in eight rescue and recovery workers had post-traumatic stress disorder when they were interviewed in 2003 and 2004. Rates were highest among volunteer workers and lowest among police officers.