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.

Lawsuits involving the manufacturer of Chantix surfaced appropriate two years ago when it was discovered that there was a high number of people who demonstrated hostility, violence, were at risk for suicide or committed suicide following use of the quit-smoking drug. In short, an elevated number of people using Chantix experienced one or more types of psychotic behaviors following use of the drug.

Recently, a Vermont man using Chantix murdered his mother and Chantix has been a focus in this litigation. The plaintiff’s attorneys contended that the man was under the influence of Chantix when he murdered his mother. This Vermont man is now facing seven to fifteen years in prison.

Since it was first discovered the Chantix is linked to psychotic behavior, Pfizer, the manufacturer, was required to place a black box warning on the drug label. Chantix was approved by the FDA

in 2007. The first reports of violent behavior linked to Chantix were documented in 2007.

The Vermont man who murdered his mother visited his physician roughly three weeks before the murder complaining of odd and unusual behavior. The physician had taken the Vermont man off the Chantix. The suspected effects of Chantix once someone is in a psychotic state, depend upon the extent of psychosis. Some people who are in a psychotic state are hospitalized to treat psychotic symptoms. Other people are closely monitored and expected to the return to their physician’s office, if symptoms persist or become worse.

People who display psychotic symptoms must be closely monitored by family members or surrounding loved ones as people who have psychotic symptoms may not be helpless without assistance through intervention. A psychotic state may also be called psychosis, which is typically treated on an in-patient basis or sometimes an out-patient basis, depending upon the extent of the psychosis. Medications to treat psychosis may take up to three weeks to experience benefits. In some cases, medications may need to be adjusted or changed once initial results can be quantified.

There is no scientific data to demonstrate the link between Chantix and psychotic episodes. However, France has taken Chantix off the market and the U.S. had issued s black box warning, which is the most serious type of warning for a drug label.

Risperdal and Requipare are two medications that have caused confusion in both people dispensing the medication and those receiving the medications. Both generic and brand names, risperidone (Risperdal) and ropinirole (Requip), have sounded similarly enough that the wrong medication has been dispensed to over 200 people. In several of these cases, people had to be hospitalized. The carton label and packaging are also similar, adding to the confusion. Pharmacists may have also misinterpreted the handwriting of the physicians who prescribed the medication since the names are spelled similarly. The drug strengths, dosages and times of day requirements for taking the drug are also similar. However, the two drugs are very different, as follows:

* Risperidone (Risperdal) is an antipsychotic drug that is prescribed for the treatment of schizophrenia, bipolar disorder, and irritability associated with autistic disorder.

* Ropinirole (Requip) is a dopamine type of drug that is prescribed for the treatment of Parkinson’s disease and Restless Legs Syndrome.

Patients using these drugs are advised to be very cautious and double check their medications at the time of dispensing at the pharmacy. Patients are advised to check their medications at home. Physicians have been reminded to clearly print out the drug name and the reason for the prescription.

Pharmacists are very careful to dispense appropriate medications. They have check and balance systems in place to prevent dispensing the wrong medication. Yet, the risk of dispensing the wrong medication in this case is high when compared to other drugs. As such, you can ask your pharmacist

why you need to take the drug. In this way, you will know firsthand if the drug you received is the drug you are supposed to be taking. Pharmacists do know he reasons why specific drugs are dispended and can be helpful in this manner.

The FDA is requesting that the manufacturers of Requip (GlaxoSmithKline), Risperdal (Johnson & Johnson), and the generic ropinirole and risperidone products take action to prevent confusion in the future.

Patient Tips for Prescription Drug Use

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 you 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.

Humira, manufactured by Abbott for the treatment of arthritis, has been known to cause a fungal infection, which may be life threatening in certain people who may be considered candidates for the medication. Since all medications have some level of risk,  this may not be a surprise. Yet, what is a surprise is that some suspect that Abbott did not disclose this risk to the public until after the company had distributed the medication nationwide.

In 2010, Abbott Laboratories filed a letter to make physicians aware of the risk of fungal infection associated with Humira use. However, some contend that Abbott knew about the risk of fungal infection for quite some time before the company issued the warning to physicians.   In 2008, the FDA required Abbott to warn physicians about several fatal risks associated with Humira, such as, Histoplasmosis.

Other side effects associated with Humira include: optic nerve damage, lymphoma, vision issues and other nerve damage.

In 2003, Abbott released Humira for the treatment of Arthritis. Since  then, Humira has been used for the treatment of several other illnesses. The annual sales for Humira are suspected to be over $6 billion.  FDA investigations about approved drugs occur over time. The FDA gathers adverse event reports provided by physicians and patients as the adverse events occur.  When the adverse events reports demonstrate a red flag indicator, the FDA further investigates and may issue warnings or request corrective action on the part of the manufacturer or distributor, depending upon the suspected responsible parties.  Numerous law uits have already been filed.

Burton A. Padove represents and obtains damage compensation for injury victims of negligence caused by defective drugs,  defective premises, nursing home abuse malpractice and those involved in truck and car accidents,.   He is licensed in Illinois and Indiana and Padove Law accepts inquiries nationally, although Burton  focuses his work primarily within 200 miles of Chicago including its suburbs in Cook, Will, DuPage, and Lake Counties  Illinois, Lake and Porter Counties in Indiana and Indianapolis and Marion County, Indiana.   He can be reached at (219) 836 2200

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.

Indiana physician Mark Weinberger must now contend with over 20 criminal counts of billing insured patients for treatment he did not perform. The U.S. Judge Philip Simon in the Northern District of Indiana recently rejected a plea agreement in which Mark Weinberger’s attorney suggested he receive four years in prison for his dishonest behavior. Collectively, all charges suggest that Mark Weinberger may be facing 220 years in prison to account for every break in the law. The District’s chief judge concluded that four years in prison was not substantial enough to cover over $300,000 in damages resulting from his behavior.

The precise charges that Weinberger faces is that he committed fraudulent billing,  during the time that he directed the Merrillville Center for Advanced Surgery LLC and Nose and Sinus Center LLC. In addition, he is facing hundreds of medical mal practice claims and nearly 6 million in creditor claims. The story first began in 2004 when one of his patients died and he abandoned the country days later.  His return to the U.S. did not go without a hunt because he failed to surface until he was discovered five years later in the Italian Alps.

Federal court docket records reflect that the plea deal was too lenient in light of the devastation that was caused by his actions.

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

Pharmacy mistakes have been vastly reduced with the assistance of computerized systems that monitor and track patient data, including: past medication history, current medication history, and the potential interaction between drugs, including: side effects associated with drugs you are taking or will be taking.

This provides for labels to be automatically printed with vital information to help you make well informed decisions about the medications you are taking or plan to take. Pharmacists are then obliged to review information about new medications you are taking and remind you about pertinent information regarding medications you have already taken, if necessary.

This system helps to reduce the risk that you will suffer from a complication if you take more than one drug since some drugs negatively interact with each other. This system also helps to inform you about restrictions while taking medications and ways to possibly reduce risks from medications.   Your physician will also consider other drugs you are taking and possible side effects before writing a prescription for a new drug.

Yet, a recent  INDIANA lawsuit suggests that sometimes, pharmacy mistakes may still happen. This case involved a CVS pharmacist who did not inform a woman about the risks associated with taking OsmoPrep, a drug that can negatively interact with Lisinopril, another drug she was taking. After this woman took her initial OsmoPrep prescription, she did not experience kidney damage (a possible side effect of OsmoPrep). After taking her second prescription, her kidneys failed, causing a life threatening situation that she may have to contend with for the rest of her life. In the end, it’s important to be aware that pharmacy mistakes may still occur. This is why it is important to check prescription label before you take medications, weigh the risks against the benefits and seek out the advice of a personal injury attorney if you suspect any negligence and have been harmed by a drug.

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

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.

Benzocaine is used by babies to reduce teething pain and by adults for cancer sores or gum irritation. Yet, there has been a scare dating back to 2006 when many infants died and their deaths had been linked to benzocaine use. Now, since the death toll has risen to 319 deaths, the Food and Drug Administration has announced another warning about the use of benzocaine. In fact, Veteran’s Administration medical centers have abandoned the use of benzocaine.   As more organizations and people join together in the fight against the use of benzocaine, gels, sprays and  liquids, one day perhaps, all need not worry about the risk of a baby, typically younger than 2 years of age dying from benzocaine. Adults and seniors may also be at risk when it comes to benzocaine. If you or a loved one has had any of the below mentioned symptoms within two hours of taking benzocaine resulting in serious injury or death, you may be entitled to financial compensation due to a violation of your legal rights, including:

•   Headache

•  Dizziness or lightheadedness

•  Difficulty breathing or shortness of breath

•  Pale, gray or blue colored skin, lips, and nail beds

•  Fatigue

•  Rapid or irregular heartbeat.

Following the onset of the described symptoms, you or your loved one may develop Methemoglobinemia, a rare but sometimes fatal medical conditions that produces a rapid reduction in the oxygen supply to your bloodstream, serious enough to possibly result in death.

Benzocaine sprays may be referred to as Hurricane, Cetacaine, Exacta Cain, and Topex.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Anytime you see an empty shelf at a drug store, your first inclination may be to think that the drug store has run short on supplies. So, you may look towards the right or left to see other products that you can choose from. In the case of Cold, Cough and Allergy over-the-counter drug products, you may have to scan your eyes further because over 20 Cold, Cough and Allergy over- the-counter drugs have been pulled from store shelves throughout the U.S.

This time the names of the drugs that are recalled may not be recognizable. There are many versions of cough, cold and allergy drugs that contain similar ingredients and the brand name of the drug may sound similar to the active ingredients listed on the label. It is some of these types of versions that have been recalled.

Anytime an active ingredient consists of a prescription strength concentration level, the drug must be properly evaluated for safety, effectiveness and quality. Independent clinical trials, often funded by the manufacturer, must be conducted to rule and identify risks, including risks for people considered in the high risk category. People in the high risk category are often people who take other medications because some prescription medications may harmfully interact with the over-the-counter product and/or other medications you are taking. People in the high risk category may also be people who have certain medical conditions which may make them more sensitive to the results of taking prescription or over-the-counter drugs.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

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.

Nuvigil, a drug used to treat jet lag, has been linked to Steven's Johnson Syndrome which is a life threatening disease signified by skin rashes and skin death that may encompass many areas of the body.  Nuvigil, manufactured by Cephalon, was approved by the FDA to fight off fatigue and narcolepsy, but is not FDA approved for use in the treatment of jet lag. In fact, the FDA rejected the request of Cephalon to be approved for jet lag and the end result may be lawsuits.

Nuvigil is also associated with less severe side effects, such as, headaches, insomnia, and nausea.  However, the risk of Steven's Johnson Syndrome is significant and must be considered when interested in using the drug.  Typically, a good rule of thumb is that the benefits of a drug have to outweigh the risks in order for the drug to be truly beneficial. So, if you are suffering from jet lag, the suffering of jet lag is less severe than the risk of Steven's Johnson Syndrome.   Steven's Johnson Syndrome involves skin sloughing and the damage is typically permanent. People often have to be treated in burn units and the final result can be fatal.  Some people who have Steven's Johnson Syndrome and took Nuvigil may be entitled to financial compensation for their pain and suffering and that of their loved ones.

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.

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.

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.