Personal Injury Blog

Injuries Reported Among Users of Johnson & Johnson Cordis Balloon Catheters

A massive recall was previously announced by the FDA, which involved Johnson & Johnson Cordis balloon catheters. If you have been injured by a defective catheter, contact an experienced Tampa injury lawyer at the Law Offices of Lilly, O'Toole & Brown, LLP at (863) 533-5525.

Taking Avandia May Increase Your Risk of Heart Attack & Death

If you have suffered serious Avandia side effects, including a heart attack, you need to read this article. You should also contact an experienced Tampa injury attorney at the Law Offices of Lilly, O’Toole & Brown at (863) 683-1111.

Inflammatory Bowel Disease May Be Caused By Accutane

Accutane may lead to inflammatory bowel disease, including Crohn’s disease and ulcerative colitis. Find out more about the serious side effects of Accutane.

Denture Cream Linked to Zinc Poisoning

An article in the Neurology journal has caused many denture cream users to think twice before using products, such as Poligrip and Fixodent.  According to the article, four patients suffered from neuropathy, a painful nerve disorder, and other neurological symptoms that are common in zinc poisoning cases.  Some experts believe that excess use of denture cream may have led to their problems.

Denture cream usually contains zinc.  Although small amounts of zinc are generally not harmful, when you consume excessive amounts, it can lead to serious problems.  Excessive zinc can cause copper depletion, which may result in neurological disorders.

If you use denture cream, you may not have even been aware of the potential of zinc poisoning.  You are not alone.  The risks associated with zinc poisoning have not been highly publicized, so many consumers still do not know about the dangers of denture cream.

Zinc poisoning can cause weakness, numbness or loss of sensation.  Severe zinc poisoning can cause neuropathy and can be deadly.  If you or someone you know experiences any of the warning signs of zinc poisoning from denture cream, it is imperative that you see a doctor immediately.

Contact a Florida injury lawyer at the Law Offices of Lilly, O’Toole & Brown today at (863) 683-1111 if you have suffered from zinc poisoning.

OB Tape Vaginal Slings Liked to Permanent Injuries

If you are among the thousands of women who used the Mentor OB Tape vaginal sling, you need to be aware of the dangers associated with this product and your legal rights as an injured victim.

The Mentor OB Tape vaginal sling was developed to provide a solution for the estimated 14 million women who suffer urinary incontinence, which often leads to involuntary leakage during coughing, laughing or sneezing.  The vaginal sling was supposed to reinforce the muscles in the weakened area.  However, in 2006, the Journal of Urology published numerous injuries associated with this device, which eventually led to it being taken off the market.  Many women were already affected by the Mentor OB Tape vaginal sling before of the known dangers.

There was a major design flaw of the Mentor OB Tape vaginal sling that caused essential nutrients and oxygen to be blocked.  As a result, women were experiencing a breakdown of vaginal tissue, chronic discharge, serious infections, vaginal pain and severe pain in the back, hips and legs.  These adverse side affects caused debilitating pain and permanent injuries.  Surgery was even required in numerous cases.

If you have suffered Mentor OB Tape vaginal sling injuries, you may be able to recover compensation.  Contact a Florida mass tort attorney at the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 for legal advice.

Alert for Patients Who Took Digitek

Patients who have taken Digitek to treat heart failure and abnormal heart rhythms need to be aware that there was a massive recall of this medication.  Apparently, pills manufactured by Actavis Totowa, LLC, were released with double the dosage.  This error had the potential to cause serious health complications, including death.

According to a press release on the U.S. Food and Drug Administration’s (FDA) website, users of Digitek, also known as digoxin tablets, were at risk of digitalis toxicity that could lead to heart attack, stroke or death.  Patients were told to look for signs of adverse health effects, which included nausea, vomiting, dizziness, low blood pressure, cardiac instability and bradycardia.  If any patients had questions, they were encouraged to consult with their medical provider.

If you have taken Digitek and suffered from pills that had double the appropriate dosage, you need to consult with a Florida product liability lawyer for legal advice.  You may be able to file a mass tort lawsuit to pursue compensation from any injuries you incurred as a result of this medication.  Call the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 today to determine if you have a claim.

SSRI Antidepressants Linked to Birth Defects

An expectant mother will take precautions to protect her unborn child.  She will usually make regular visits to the doctor’s office and take prenatal vitamins to help in the development of the baby.  Over the last few years, some expectant mothers were horrified to find out that the medication they were taking caused serious birth defects. 

Women taking antidepressants containing selective serotonin reuptake inhibitors (SSRIs) during the first trimester of pregnancy were found to be one and a half to two times more likely to have an infant born with heart defects than women not taking these drugs.  Another study discovered that women taking SSRI antidepressants, such as Paxil, Celexa, Fluvoxamine, Lexapro, Prozac, Symbyax and Zoloft, after the 20th week of pregnancy were six times more likely to have a baby born with a disorder known as persistent pulmonary hypertension than mothers not taking the medication.

Drugs, such as Paxil, have been linked to numerous birth defects, including cardiac defects, persistent pulmonary hypertension, neural-tube defects, abnormally shaped skull, club foot, infant omphalocele and anal artesia.

If you have taken an SSRI antidepressant and your child has birth defects, you need to contact an experienced Florida injury lawyer immediately at the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111.  You may be able to pursue compensation for your child’s injuries.

 

Warning Issued to Hydroxycut Users

If you are taking Hydroxycut, you need to be aware of a massive recall involving this product line.  The U.S. Food and Drug Administration (FDA) recently warned consumers to stop taking this popular dietary supplement, as it has been linked to liver problems.

There have already been 23 reports of severe Hydroxycut liver injuries, including the death of a 19-year-old man.  It has been reported that a liver transplant was required for one user of Hydroxycut and many others experienced liver failure, seizures, jaundice and cardiovascular problems. 

The warning has been issued regarding 14 Hydroxycut products.  For a full view of the recalled dietary supplements, visit our Hydroxycut Has Been Linked to Liver Damage page.

Hydroxycut is used for weight loss and energy enhancement.  It is a popular product and more than 9 million units were sold last year alone.

Some of the symptoms to watch out for that would indicate liver damage from Hydroxycut include:

• Nausea
• Vomiting
• Brown urine
• Fatigue
• Stomach pain
• Light-colored stools
• Itching

If you have been injured from Hydroxycut, contact a Florida injury attorney at the Law Offices of Lilly, O’Toole & Brown, LLP today at (863) 683-1111.  You may be entitled to compensation.

Atypical Drugs for Children Need Approval in Florida

Pediatricians are now required to get approval before giving a child an atypical drug, such as Zyprexa, Abilify or Risperdal.  This requirement is a step that was recently taken by Florida health officials to slow down the use of antipsychotic drugs for children.

Atypical drugs became popular in the 1990s as a way to treat adult schizophrenia and bipolar disorder, but have since been prescribed to treat just about any ailment.  These potent drugs have even been used to calm uncontrollable children, which falls under the category of an “off-label” use, since it was not an approved use of the drug.

Drug manufacturers are not allowed to promote drugs for off-label uses, but pediatric prescriptions have still soared for atypical drugs over the years.  Representatives from drug manufacturers have been known to drop off samples at pediatricians’ offices, which encouraged pediatricians to prescribe these medications to children.

Atypical drugs have dangerous side effects, including diabetes and weight gain.  These medications have not been approved for preschoolers, which prompted Florida health officials to take action.

When a child is on the Medicaid program, the pediatrician must fax a request to prescribe an atypical drug.  The request is reviewed by a Medicaid pharmacist who approves or rejects it. 

If your child has suffered a serious side effect from an antipsychotic drug, you should seek legal advice.  Contact the Law Office of Lilly, O’Toole & Brown, LLP at (863) 683-1111 to review your case.

Faulty Electronic Wires Attached to Heart Defibrillators

There was a massive recall a couple of years ago involving Medtronic, Inc.’s Sprint Fidelis Leads.  It was found that these thin wires that connect an implantable defibrillator directly to the heart had the potential for lead fractures.  Lead fractures can increase the risk of serious heart complications and death.

Heart defibrillators monitor heart rhythms and deliver an electronic shock or rapid pacing to restore normal rhythm when irregular or life-threatening heartbeats are detected. 

After this recall, many patients were faced with a dilemma.  If they decided to have the defective wire removed from the defibrillator, their heart and veins could be damaged, especially if the lead was in place for a long time and grew scar tissue.  On the other hand, if they kept the lead in place, it could cause unnecessary shock or may not operate at all.  The side effects of a defective lead in the heart defibrillator can be painful and life-threatening.

Medtronic stated that only 2.3 percent of the 235,000 patients who are believed to have the defective wire will experience a lead fracture within 30 months of implantation.  Even though that percentage seems low, it means that 4,000 to 5,000 patients may be affected by the defective Sprint Fidelis Lead.

If you have suffered as a result of the defective lead by Medtronic, contact the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 for legal advice.

Patients Have the Right to Go After Drug Manufacturers

A recent ruling by the U.S. Supreme Court will make it easier for injured patients to file claims against drugmakers.  The Supreme Court ruling, which was a 6-3 decision, affirmed a jury award for a woman who lost her arm to gangrene after receiving a Phenergan injection.

The drug manufacturer involved in the lawsuit, Wyeth, had argued to the Supreme Court that the U.S. Food and Drug Administration (FDA) had approved the drug’s warning label and that this approval took precedence over the state law where the lawsuit was filed.  The Bush administration had also argued that federal law overrides certain state claims.  However, the majority of the Supreme Court did not agree.

According to one of the Supreme Court Justices, the drug manufacturer did not have a strong enough argument to convince them that failure-to-warn claims obstruct federal regulation of drug labeling.  Another Supreme Court Justice, who was in the minority, said that Phenergan’s label stated the risks associated with the injection and that the case should have been a medical malpractice lawsuit.

This ruling will allow patients to go after drugmakers for negligence, even if the FDA has approved the warning label.  Many medications have been linked to serious side affects and now the drug manufacturers can be held responsible for injuries.

If you have been harmed by a medication, contact the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 for a legal consultation.

The article, “Supreme Court Rules Injured Patients Can Go After Drugmakers,” has more information on this topic.

Three Deaths Caused by Raptiva

If you are taking or have taken Raptiva, you need to contact your physician immediately.  The U.S. Food and Drug Administration (FDA) has issued a public health advisory regarding this drug that is used to treat psoriasis.

There have been three confirmed and one possible report of patients who have developed a serious brain infection, known as progressive multifocal leukoencephalopathy (PML).  Three of those patients have died and according to the FDA, all four patients were treated with Raptiva for more than three years.

PML is a rare infection that affects the central nervous system, which includes the brain and spinal cord.  This viral infection is more prevalent in patients who have weak immune systems.  It is deadly and leads to irreversible brain damage and inflammation of the white matter of the brain.

Raptiva is used to treat psoriasis, a chronic condition that affects the skin and joints.  This drug is prescribed as a once-weekly injection for adults with moderate to severe cases of psoriasis.  Raptiva treats psoriasis by suppressing T-cells in the immune system, which are blood cells that fight off infection.  These T-cells are suppressed to help prevent inflammation by psoriasis.  For the three patients that died from taking Raptiva, this medication could have impacted their immune systems, making them more susceptible to serious infections, such as PML.

Contact the Florida defective drug attorneys at the Law Offices of Lilly, O-Toole & Brown at (863) 683-1111, if you have taken Raptiva.

The article, “Raptiva Can Cause Progressive Multifocal Leukoencephalopathy (PML),” has more information on this topic. 

Millions of Defective Cribs Have Been Recalled

Over the last couple of years, millions of cribs have been recalled in the United States after defects were detected.  Unfortunately, many of these recalls occurred after a young child was killed or seriously injured by a defective crib.  Parents trust that the cribs they are placing their children in are free from danger, but as experience has shown, this is not always the case.  Crib manufacturers owe consumers a duty to provide safe products.  Manufacturers are strictly liable for their cribs and can be held responsible when a child is injured by a defective product.

There have been numerous recalls of cribs during the past couple of years and some of the notable recalls have included Simplicity cribs, Delta drop side cribs and Stork Craft baby cribs.  Nearly 2.5 million cribs were included in these recalls.

The Simplicity cribs were recalled after it was found that the drop side rail could detach from the crib, which would create a dangerous gap.  Two young children, ages 6-months and 9-months, were killed in Simplicity cribs and the U.S. Consumer Product Safety Commission (CPSC) received seven additional reports of infant entrapment and fifty-five incidents involving these cribs.

Delta Enterprise Corp. also cooperated with the CPSC in recalling almost a million cribs.  Safety pegs were missing from the cribs, which posed an entrapment and suffocation risk to infants and toddlers.  There was one report of an 8-month-old infant who became entrapped in his crib and suffocated when the drop side rail detached.  The CPSC received two additional reports of entrapment and nine disengagement incidents.

More than 500,000 Stork Craft cribs were recalled after it was found that the metal support brackets could break, which could lead to entrapment or suffocation of a young child.  There was a report of a toddler who sustained bruises after the support brackets broke and another report of a child who became entrapped.

The article, “Defective Cribs Can Harm Young Children,” has even more details regarding these recalled cribs.

If your infant or toddler has been injured by a defective crib, contact the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111. 

Women Need to Be Aware of the Risks of the Birth Control Patch

The Ortho Evra Contraceptive Transdermal Patch has been widely promoted as a convenience for women.  No longer would they need to worry about remembering to take a daily birth control pill, as the birth control patch provided a much needed solution.  However, what many women failed to realize was that the birth control patch could lead to a serious condition known as pulmonary embolism.

A recent study confirmed the findings of other past research into the Ortho Evra patch – patients who use the birth control patch have a higher risk of developing blood clots, also known as venous thromboembolism.  Blood clots that form in the body can dislodge and travel through the bloodstream to the right side of the heart.  If blood clots enter the pulmonary arteries, a blockage may occur.  The lungs are especially susceptible to blockages, as large amounts of blood travel through the body.  When blood clots are in the lungs, the condition is known as pulmonary embolism, which is life-threatening.

If you or a family member has used the Ortho Evra birth control patch, you need to know the symptoms of pulmonary embolism, as immediate medical attention will be needed.  Some of the symptoms include sudden shortness of breath, chest pain, bloody cough, swelling of the leg, lightheadedness, fever, rapid heartbeat, wheezing and a weak pulse.  If pulmonary embolism is treated right away, there is generally a good prognosis for the patient.

Due to the known risks of the Ortho Evra patch, the U.S. Food and Drug Administration (FDA) has required the manufacturer to change the label to include the results of the recent study.  The birth control patch is still available on the market today.

If you have become ill due to the birth control patch, you need to contact an attorney to find out your legal rights.  Contact the Law Offices of Lilly, O’Toole at LLP at (863) 683-1111 if you have been injured by the Ortho Evra patch.  

The article, “Women Need to Be Aware of the Risks of the Birth Control Patch,” has more information on this topic. 

Merck Settles Overbilling Lawsuits: $671 Million

Merck has agreed to settle two lawsuits which alleged overcharging Medicaid for Vioxx, Zocor, and Pepcid.  The settlement total is $671 million, which includes a $399M payment to the plaintiffs, $218M to the federal government, and $181M to 49 states and District of Columbia.

In the lawsuits, which were filed in Pennsylvania in 2000 and Nevada in 2005, a former Merck employee alleged that the company provided the drugs to hospitals at a discount of greater than 90% if the hospitals would help the company reach its market-share goals.  The plaintiffs in the suit contended that this practice constituted an unfair incentive for physicians to prescribe the drugs.

Federal law mandates that drug manufacturers have to offer sales to Medicaid at a price at least as low as they offer them to any other customer.  However, because drugs sold at discounts of greater than 90% do not have to be disclosed to the government, Merck was able to get away with this scheme for years.

A second claim of the lawsuit was that Merck was paying physicians a "consulting fee" or "training fee," which were actually nothing more than illegal kickbacks for prescribing Merck products.  This practice, according to the Assistant U.S. Attorney's on the case, was in place from 1997 - 2001 at as many as 800 hospitals across the country.

Deep discounting and kickbacks on the part of drug companies, apart from being illegal, are very dangerous to patients.  When the drug companies create a situation where the physician's judgment can be clouded by dollar signs, it puts patients at risk.  Attorney General Michael Mukasey has called the settlement "one of the largest health care fraud settlements ever achieved by the justice department."  Hopefully this settlement will serve as an example to other drug companies how might otherwise consider implementing such a scheme.

Airborne Settles False Advertising Suit for $23.3 Million

The makers of Airborne, an herbal supplement that claims to ward off the common cold by boosting your immune system, have settled a false advertising lawsuit for $23.3 million. 

What did they do wrong?  The company didn't have a shred of evidence to back up their claim that their supplement could prevent the common cold.  Turns out the company had commissioned a single study into the effects of their drug, but the results were so poor that they wouldn't share them with anyone outside the company, says David Schardt, a senior nutritionist at the Center for Science in the Public Interest.

Schardt says the drug was a simple mix of vitamins A, C, E, magnesium, zinc, selenium, herbs, and other ingredients.  The name "Airborne" comes from the claim that the combination of those vitamins and minerals is meant to prevent infection from airborne viruses and germs. 

The settlement, which admits no wrongdoing on the part of the drug maker, offers a refund of the purchase price to anyone who can prove they bought one or more Airborne products in the United States between May 1, 2007, and November 29, 2007.  Airborne has set up a website that explains their settlement.  On the site, you can fill out a claims form to recieve your money back.

FDA Set to Review Lasik Warnings

The Food and Drug Administration (FDA) will be in hearings today to review the warnings given to patients before undergoing Lasik eye surgery.  While Lasik leaves many patients with good vision - some better than 20/20, the FDA has heard complaints from about 5% of patients about the procedures side effects and inability to correct their vision.

Friday's public hearing will begin the FDA's effort to determine whether the warnings given to Lasik patients are appropriate.  At the heart of the issue of informed consent is how much the patient knows about the procedure they are about to undergo.  A doctor is under an obligation to give his patient enough information about the risks, side effects, and alternatives to any operation so that the patient can make an informed decision about whether the procedure is worth it.  In many cases, the benefits of the procedure will outweigh the potential harms, but the FDA wants to ensure that all Lasik patients are aware of the side effects.

In the decade or so that Lasik procedures have been performed, about 7.6 million Americans have undergone the laser vision correction.  Lasik is a quick procedure in which doctors cut a flap in the cornea, aim a laser, and zap the cornea to reshape to enhance sight. 

Dr. Solomon, of the Medical University of South Carolina, estimates that fewer than 1% of patients have severe complications that lead to poor vision.