Indiana Injury And Family Lawyer Blog

Prescription drugs are often a target of litigation for a variety of reasons. In some cases, risks relating to prescription drugs are not disclosed to the patient through the drug label so patients cannot truly make an informed decision about the drug to weigh the risks against the benefits. In these cases, a lawsuit may be appropriate if the patient experiences a serious illness when the risk becomes a reality. In other cases, the drugs are not properly manufactured which may lead to an improper dosage that may pose a risk to a patient.   There are other several reasons why a lawsuit may be brought against the manufacturer of a drug when it relates to a life threatening illness that a patient encounters after taking the drug.     So, the following tips are designed to assist in in preventing the risk of a life threatening illness from a prescription medication.

• Ask your physician to describe the risks and benefits associated with the medications you are being prescribed.
• View your prescription before you leave your physician’s office. If the names of the drug, dosage or directions are not legible to you, ask the physician to clarify and write it down for your own records.
• When you receive your medication, ask the pharmacist to describe what you are taking the medication for and review the instructions with them.
• Check your drug tablets to see if they are the same as you have received in the past.
• If you experience side effects from a drug, report it to your physician immediately.
• If you are receiving more than on prescription or are already taking medication make sure that the pharmacist discusses interaction risks with you.

Burton A. Padove  is currently accepting cases involving  Avandia,  Levaquin and Yaz.   Although he primarily practices in the Chicago area, in Lake County  and Porter County, Indiana as well as Cook County, Illinois,  Mr. Padove represents injury victims throughout Indiana and Illinois, including Marion County and Indianapolis, Indiana.  He can be reached at (219) 836 2200.  You can visit his website at www.indianapersonalinjurylawyer.net.

Class Action Suit for Avandia in Illinois

Avandia is a target for over 40 lawsuits filed in Illinois that were filed in St. Clair County Circuit Court in May 2011. There are many other lawsuits throughout the U.S. against the makers of Avandia, a diabetes medication linked to cardiovascular disease and heart attack manufactured by GlaxoSmithKline. It is contended that GlaxoSmithKline aware of the risk in 2005 but did not properly inform the public. Therefore, people were not permitted to make a well informed decision about the benefits and risks associated with the drug.  The most recent Avandia lawsuits filed in Illinois account for an estimated$600,000 in damages. 

Approximately four years ago, The New England Journal of Medicine released a report demonstrating the risk of cardiovascular issues associated with Avandia. The FDA then issued a black box warning about the risk of cardiovascular issues.   The injuries that people using Avandia have experienced include: congestive heart failure, heart attack, stroke, liver failure, bone fractures, vision loss and death.  Despite the request from several interested parties to remove the drug from the consumer market, Avandia has never been recalled in the U.S. Instead, the FDA issued restrictions on the purchase of Avandia. The restrictions include that Avandia only be available at specific pharmacies. People interested in taking Avandia must participate in an educational program about the drug.

GlaxoSmithKline has settled out of court for many cases involving Avandia. The vast majority of the settlements focused on the contention that GlaxoSmithKline was aware of the risk, but did not inform the public.  

If you, your family or a friend are victims of Avandia side effects and need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.  Burton Padove is licensed in Illinois and Indiana and is ready to assist you.

Drug Take Back Day was in April set by The American Association of Poison Control Centers. Yet, Drug Take Back Day can be every time you complete taking medication to help ensure your medications do not get into the wrong hands or are resold to someone who may be at risk of injury if they take the drug. This is particularly true for narcotics which are associated with risks when not closely monitored by a physician.

Pill abuse and theft is more common than you may think. Medications were the leading cause of poisonous death in 2009. The vast majority of deaths were adults. The National Survey on Drug Use and Health in 2009 noted that more Americans abuse prescription drugs than the number of Americans that abuse cocaine, hallucinogens and heroin combined.

Proper disposal of expired, unused or unwanted prescription drugs is critically important to prevent abuse and theft. In fact, all medications should be properly stored in your home while you are taking them to ensure they do not get in the hands of your children or other outsiders that are not familiar with proper use, drug interactions, risks or possible side effects.

When a prescription medication is prescribed by your physician, your physician has investigated the benefits, risks and possible drug interactions to help ensure that the drug will assist you. Your pharmacist further helps to ensure this by describing how you should use the medication, possible side effects and when to contact a physician if necessary.

If you are need of a lawyer due to personal injury, please contact attorney Burton A. Padove at Padove Law at (219) 836 2200.

A Class I recall is the most serious type of recall, typically announcing the risk of a life threatening illness due to a defect in a product. Cardiologists and Risk Managers recently received notice that components in the Arstasis One Access System may fracture and/or separate which could result in an emergent life threatening situation.

The Arstasis One Access System is used to support a diagnostic test during upper leg catheterization procedures. The device supports the diagnostic test by providing access to the vascular system so the cardiologist can identify abnormalities in the vascular system.   The Arstasis One Access System also offers a means to help halt bleeding from the upper leg artery that is being tested.  Cardiologists and Risk Managers will be reporting any emergent situations, health issues or side effects that relate to the malfunction of the component sin the Arstasis One Access System to the FDA's MedWatch Safety Information and Adverse Event Reporting Program.

The Arstasis One Access Systems involved in this recall include: Models: AAD100, AAD101; Part Numbers: FG-02279, FG-03010; Lot Numbers: 09I10268, 1OC26337, 09J06281, 10C12334. These products were distributed for five months beginning May 14, 2010.

Cardiologists are not liable for defective products that cause harm to patients. Of course, all physicians take precautions by examining technology before use. However, physicians are not engineers and cannot be responsible for identifying defects in products. By the same token, sometimes physicians do discover defects, either by viewing an abnormality in the product or seeing a patient with an unusually expected complication following use of the product.

Medical device manufacturers are responsible and can be held liable for any defective product that causes serious injury or death to an individual.  So, there are lawyers who specifically handle cases involving defective medical devices.

If you, your family or a friend have suffered serious inury and need assistance in asserting your legal rights for compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

The U.S. Department of Justice recently announced a conclusion from the Food and Drug Administration, Office of Criminal Investigations for the owner of JMM LLC, based out of Rhode Island, who smuggled erectile dysfunction drugs that were called Herbal Dietary Supplements from the People’s Republic of China.

The owner of JMM LLC pled guilty to the charges in the U.S. District Court in Providence, Rhode Island. This was after she imported literally thousands of Durasex and Super Sense One capsules that were mislabeled. U.S. District Court Chief Judge Mary M. Lisi accepted the guilty plea. The results were announced by U.S. Attorney Peter F. Neronha, Mark Dragonetti, Special Agent in Charge of the Food and Drug Administration (FDA), Office of Criminal Investigations, and Bruce M. Foucart, Special Agent in Charge of ICE's Homeland Security Investigations in Boston.

Between last quarter of 2006 and last quarter of 2008, JMM LLC, ordered Durasex and Super Sense One capsules from Chengdu Kang Quan Health Product Company, based out of China. The products had false shipping labels and/or invoices. The shipping label and invoices described the products as “Cinnamon Extract,” “Ginseng Extract,” or “Multivitamin samples”. Then, JMM LLC falsely labeled the packages as “Made in the U.S.A.” The packages bearing the false products were distributed to other distributors and retail stores throughout the U.S.

The allegations surfaced after Federal search warrants were executed through a cooperative effort, including:  R.I. FDA/OCI Task Force, comprised of agents from ICE – Homeland Security Investigations; Internal Revenue Service - Criminal Investigations Division; U.S. Postal Service Inspectors; Rhode Island State Police; North Providence Police; East Providence Police; and the Rhode Island Department of Attorney General. Investigators went to the company’s office and the owner’s home to seize thousands of packages of pills, labeling materials, computers and company documents.  Approximately two years later, the owner was arrested.

If you, your family or a friend have suffered serious injury and need assistance asserting your legal rights for compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Neuro Resource Group, Inc. manufacturers a variety of medical devices that are sold to people throughout the world. The devices are co-packaged with a variety of accessories, such as, alcohol prep pads, alcohol swabs, and alcohol swab sticks that are manufactured by Triad located in the United States. However, a recall of these accessories was recently announced because of an identified risk that the accessories have been contaminated by Bacillus cereus which is a form of bacteria.

This is especially a concern for people who have had surgery, those with weakened immune systems and those who are frail which elevates the risk of developing a life threatening infection from the bacteria.

There are several ways that the affected lots could be labeled, including the terms “Select”, “Select Medical Products”; “PSS Select”, or “PSS World Medical, Inc”. Consumers are being advised to immediately discard the alcohol wipes, known as Triad Group's Alcohol Prep Pads, associated with the affected lots. Consumers should go directly to the manufacturer’s website to see lot   numbers that are part of the recall or contact the manufacturer directly.  Consumers who must discard their alcohol wipes can visit a local pharmacy and can ask the pharmacist about an appropriate replacement so that the consumers can still use Neuro Resource Group’s devices.    Consumers may also call Neuro Resource Group direct for replacement wipes at 1-877-314-6500.

The Neuro Resource Group’s devices are not contaminated and are still safe to use so the device should not be discarded.

Anyone who feels that they are ill or showing symptoms of an infection should contact their physician immediately.

If you, your family or a friend have suffered serious illness and need assistance in asserting your legal rights for compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

St James Smokehouse, Inc. launches a recall for Scotch Reserve Whiskey & Honey Smoked Salmon. The Fresh Market stores in Indiana and Illinois have busy been pulling one of their products off the market this February 2011. Scotch Reserve Whiskey & Honey Smoked Salmon that are 4 ounces have been recalled by  St. James Smokehouse, Inc. for Lot code:5797 & batch code: 4759 with UPC# 853729001151. This is because the company has identified a risk of contamination with Listeria Monocytogenes.

Listeria is one of the more common contaminants linked to food recalls and food borne illness every year. Listeria Monocytogenes is an organism that may produce serious health issues and sometimes fatal consequences, particularly in children, elderly, and those with immunity health issues. People who are healthy may still be adversely affected by Listeria Monocytogenes when exposed to the contaminant. Those who are healthy may suffer from short term high fevers, severe headaches, stiffness, nausea, abdominal pain and diarrhea. Those pregnant women infected with Listeria may miscarry and have a stillborn baby.

The company discovered the Listeria link following testing of three sample packages. Only one package tested positive for Listeria Monocytogenes. However, the company has taken precautions by recalling all 600 pounds of the product in that lot that was distributed to sold to The Fresh Market stores.

Stores that receive notice for recalled products must move fast to remove the product from their store and get it off the shelves if the product has reached the shelves. Next time you go to a grocery store and the product you typically purchase is not available, it may be because it was linked to a recall. Of course, this is not always the case. Sometimes, products do run out at stores.  However, there are occasions that the shelf for a particular product will be empty because it has been recalled.

If you, your family or a friend have suffered serious illness and need assistance in asserting your legal rights for compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Sanofi lawsuits may shortly be underway since two of its drugs have been linked to seizures and liver damage, resulting in serious personal injury. In 2009, the Food and Drug Administration approved Multaq to treat atrial flutter and atrial fibrillation, also known as, irregular heart rhythms that can result in reduced blood flow throughout the body and consequential strokes. There have been over half million prescriptions dispensed since the drug was approved in 2009. There have also been numerous reports of liver damage and two of these cases involved the removal of the liver for these patients.

Multaq already has a black box warning stating the drug can cause life threatening consequences and death, in people with recent severe heart failure and should not be used in those patients. The common side effects of the drug include: fatigue, loss of strength, diarrhea, nausea and vomiting. Signs of liver toxicity include: nausea, vomiting and fever in which case patients must have their liver enzymes tested and tests may be required to be repeated on a regular basis to ensure that liver toxicity or other harmful consequences do not occur.

The Sanofi-Aventis SA flu vaccine is also being investigated by health officials due to its link to fever related seizures in children less than two years of age.

These examples provide another reason to examine the labels of medications and read package inserts before taking any medications. A denotation of a black box warning signifies the most serious type of warning for life threatening risks or serious personal injury.  It’s also wise to look for specific information about elevated risks for people with select medical conditions.

If you, your family or a friend have suffered damages and need assistance in asserting your rights for justice and compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Vitamin Water may have associated with healthy living by providing a means for hydration, but the result of its advertising is a lawsuit. Advertisements portraying basketball stars in support of Vitamin Water can lead one to think that Vitamin Water offers health benefits.  Of course, it’s true that Vitamin Water contains less sugar than Coca Cola, the maker of Vitamin Water. Yet, 33 grams of sugar found in Vitamin Water suggest that the beverage is just a step down from the typical soft drink beverage. In fact, many studies suggest that sugar can trigger added caloric intake which contributes to the obesity problem in the U.S. Add to this health care costs for treating the obese, it’s difficult for authorities to accept that a drink, such as,  Vitamin Water containing 33 grams of sugar, offers health benefits.

Authorities weighed in on this topic in a lawsuit brought about by the Center for Science in the Public Interest who alleged that Vitamin Water labels and advertising contain deceptive and unsubstantiated verbiage.  Federal Judge John Gleeson, of the U.S. District Court for the Eastern District of New York, ruled in favor of the allegations through a 55 page ruling.

Coca Cola did not feel that the company’s advertisements for Vitamin Water were misleading or suggestive that the beverage offers health benefits.  Yet, there is a contention that many consumers may feel that the beverage is nutritional and is preventative for obesity, simply because of the name implication alone.

One of the most reliable reports demonstrating that weight management and loss is best accomplished by reducing caloric intake is in the 2009 report published by the American Journal of Clinical Nutrition. Researchers at the John Hopkins Bloomberg School of Public Health reported that the best way to accomplish such objectives is to reduce or eliminate beverages containing sugar.

A federal judge denied a motion by Coca-Cola to dismiss a class-action lawsuit accusing the soft drink giant of deceptive advertising in its Vitamin Water line, according to a press release from Center for Science in the Public Interest.

If you, your family or a friend have suffered damages and need assistance in asserting your rights for justice and compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

All lots, totaling 13 million, of Rolaids Extra Strength Softchews, Extra Strength plus Gas Softchews, and Rolaids Multi-Symptom plus Anti-Gas soft chews that were distributed in the United States have been recalled. The reason for the recall is that there have been several complaints that the product is tainted with metal and wood particles. This is the latest in a string of recalls for McNeil Consumer Healthcare, a Division of McNEIL-PPC, Inc.

All lots of Children’s BENADRYL® Allergy FASTMELT® Tablets, in cherry and grape flavors, that were distributed in the United States and some other countries, as well as,  Junior Strength MOTRIN® Caplets, 24 count, have also been recalled.

McNeill has voluntarily conducted these recalls in cooperation with the Food and Drug Administration. The company has also investigated why these incidents have occurred. Following a preliminary investigation, it appears that the foreign particles may have been introduced into the product during manufacturing at a third party facility. McNeill has suspended production of the products until a final outcome has been determined and corrective action has taken place to prevent such incidents from happening again.

People who have any of the affected McNeill products should not use the product and contact McNeil for a refund. Though the risk of serious illness from the recalled products seems to be low, it is important to contact a physician if you are experiencing unusual symptoms after use of any McNeil product.

It is important to note that all drugs are associated with risks.  It is important to read product labels and package inserts about medications before you take them. It is important to review any medications you are taking with your physician.

Burton Padove, Indiana and Illinois lawyer, is available to help those who are injured because of defective products.  He can be reached at (877) 446 5294.

It is buyer beware when any product label says, “Intended to prevent, treat or cure diseases”. It is particularly buyer beware for the website called www.oxygentherapyprogram.com and its products called Oxygen Therapy (35% Food Grade Hydrogen Peroxide) and Inositol.

Recently, the Food and Drug Administration completed an investigation of 35% Food Grade Hydrogen Peroxide and Inositol and noted several FDA violations. In Fact, the Food and Drug Administration documented that there may be more deficiencies associated with the two products.

First, since the products are intended to diagnose, cure, mitigate, treat, or prevent disease, they fall under the category of classified drugs defined in the Federal Food, Drug, and Cosmetic Act. As such, these products must be recognized as safe and effective for their labeled uses. However, these drugs were not approved by the FDA for safety and efficacy. In addition, new drugs that fall under the classification of the Food, Drug, and Cosmetic Act are not permitted to be introduced to the public until they have been approved. Both 35% Food Grade Hydrogen Peroxide and Inositol have been sold to the public without FDA approval.   The FDA also discovered that the product label did not provide adequate directions for a person to use the product without the advice of a physician. This is a misbranding violation.

The Food and Drug Administration has warned www.oxygentherapyprogram.com to correct their violations immediately or be subject to possible enforcement action, such as illegal product seizure, criminal prosecution, or an injunction against the manufacturer and distributors of www.oxygentherapyprogram.com products.

Buyers of online medical products should be wary of claims stating that a specific product fights off disease, kills viruses, or thwarts off systematic conditions. Before purchasing an online medical product, bring a print out of the product description and any related information to your physician for his or her review and approval.

Burton Padove, Indiana and Illinois lawyer, is available to help those who have been misrepresented. He can be reached at (877) 446 5294.

Advanced Bionics took swift action to recall the company’s HiRes 90K cochlear implant device and all un-implantable devices that have been distributed. This hearing aid recall was initiated following two reports from users who experienced excessively loud sounds, shocking sensations and a high level of discomfort. These side effects occurred within eight to ten days of initial use of the hearing aid.

At present, Advanced Bionics does not know why the HiRes 90K cochlear implant device and the company’s unimplantable devices are producing such side effects. The company is working with the Food and Drug Administration to determine the root cause that prompted the hearing aid recall. Typically, flaws in the design of the product or in safeguards of the product are the reasons for malfunction in products.

Hearing aids have come a long way from the first ear trumpet style versions of the 1700’s. By the mid 1850’s, a thin metal device was designed to meet specific needs for the hearing impaired. Nearing the 1900’s, ear tubes with speaker connections gained popularity. By the 1940’s, more modern hearing aids were developed and were offered in a variety of sizes to meet the specific needs of individual users. By the end of the 50’s, hearing aid styles were smaller due to advancements in microphone and battery technology.  In the 1990’s, digital processing hearing aids took over the marketplace, which provided greater clarity, a full range of tones and a more discreet appearance.  With the advent of digital technology, designs specifications have changed and hearing aid manufacturers are dedicated to creating advanced design specifications that do not pose risks for consumers.

Hearing aid companies that uncover risks in their products must perform an investigation to determine the reason for the risk. The company must correct the problem in order to sell the product to the public.

Burton Padove, Indiana and Illinois lawyer, is available to help those who are injured because of defective products.  He can be reached at (877) 446 5294.

The dietary supplement known as Duro Extend Capsules, manufactured by Intelli Health Products, has been recalled throughout the nation.  Intelli Health Products took this step after the Food and Drug Administration produced results from an analysis of the product showing that it contains Sulfoaidenafil.  Sulfoaidenafil is an ingredient that is FDA approved for the treatment of erectile dysfunction.  The reason why Sulfoaidenafil must be FDA approved is because the drug can negatively interact with other prescription drugs when taken together, such as with nitroglycerin. In addition, Duro Extend Capsules may lower your blood pressure to a high risk level. These two noted risks place people with high blood pressure, diabetes, high cholesterol and heart disease in danger for serious adverse reactions that may be life threatening when taking Duro Extend Capsules with their prescriptions for their medical condition.

Duro Extend Capsules are sold across the U.S. in a blister pack containing one capsule per unit, 12-pack, 24-pack display boxes, or 3 count and 10 count bottles. All lot numbers have been recalled by Intelli Health Products.

People who have experienced an adverse reaction when using the dietary supplement should contact their physician immediately. All consumers using the product should stop using it immediately and return the unused portion to the place of purchase.

Quality assurance testing at Intelli Health Products did not include a test for Sulfoaidenafil so Intelli Health Products was unaware that Sulfoaidenafil was contained in Duro Extend Capsules until the FDA conducted its analysis.

Over-the-counter and online products are not necessarily regulated by the FDA. It is often the manufacturer’s responsibility to ensure the product is safe and effective. In recent years, the FDA has stepped in to conduct testing of over-the-counter and online products. Yet, the number of products available online alone are so high it can be all, but impossible for the FDA to manage over-the-counter regulatory affairs.  Therefore, consumers must proceed with caution when purchasing online products. It is wise to check with your physician before using any over-the-counter or online product.

Burton Padove, Indiana and Illinois lawyer, is available to help those who are injured because of defective products.  He can be reached at (877) 446 5294.

Last year alone, roughly 10 million people in the U.S. used propoxyphene, known under the brand names Darvocet and Darvon, to relieve post operative pain.  It is unknown how many people have died or been seriously injured since the drug was approved in 1957. Recently, Public Citizen, a consumer advocacy group, petitioned the Food and Drug Administration to ban the drugs from the U.S. market, stating that the drugs caused over 2000 deaths, are highly addictive, and are not more effective than other safer pain relievers.

In June 2010, Public Citizen alleged that the Food and Drug Administration violated the law by failing to act on a petition that was originally filed in 2006. The FDA discovered over 3000 serious side effect cases involving Darvocet or Darvon. In December of this year, Darvocet and Darvon have been banned from the U.S. market.

The list of life threatening side effects associated with Darvocet and Darvon include: serious or fatal heart arrhythmia, heart attack, cardiac arrest, heart valve issues, myocardial infarction, pacemaker implantation, overdose, and suicide. The Public Citizen group determined that the risks associated with Darvocet and Darvon outweighs the benefit of pain relief, which can be accomplished by other less harmful drugs.

Darvocet has been one of the top twenty five drugs prescribed by physicians in recent years. Darvocet combines the active ingredient in Darvon, known as propoxyphene, with acetaminophen, the active ingredient in Tylenol.

Groups like Public Citizen are taking strides to better protect the public from harm by acting as a watchdog for consumers. Personal injury attorneys assisting people who have been injured by drugs are also part of the check and balance system for protecting the public.

Burton Padove, Indiana and Illinois lawyer, is available to help those who are injured because of defective products.  He can be reached at (877) 446 5294.

In October 2010, JP Morgan Chase announced that the company would be temporarily suspending certain foreclosure processes following the discovery that court documents were not being properly reviewed by third party personnel. JP Morgan Chase had allocated some of its foreclosure verification processes to third party foreclosure companies. However, JP Morgan determined that the personnel at the third party companies were not reviewing or properly notarizing foreclosure affidavits before signing off on them.

Consequently, two lawsuits have been filed against JP Morgan Chase regarding their methods for managing foreclosures. The lawsuits were specifically filed against Washington Mutual Bank and JPMorgan Chase & Co in the United States District Court for the Northern District of Illinois, and against Chase Home Finance in California state court.

The allegations in the lawsuit are common law fraud and misrepresentation, as well as violations of state consumer fraud statutes. It is not known who filed the lawsuits at this time. JP Morgan also indicated that the company is being sued for mortgage backed securities by other companies, such as Charles Schwab and Cambridge Place Investment Management. For this reason, class action status seems appropriate to some.

The U.S. mortgage crisis does not cease to exist.  And JP Morgan is not the only bank that has been adversely affected by faulty foreclose processes. Currently, several other banks have lawsuits filed against them, including:

• Bank of America lawsuit involving investors who purchased over $375 million in mortgage backed securities
• Citigroup, Inc. lawsuit, in part, for inappropriate underwriting of residential mortgage backed securities.
• Wells Fargo & Co. has several class action lawsuits filed against them.

Delayed foreclosure processing may open the door for consumers to sue banks on a large scale, potentially leading to another class action lawsuit for banks across the U.S.

Burton Padove, Indiana and Illinois lawyer, is available to help those who are injured because of defective products.  He can be reached at (877) 446 5294.