Product Liability

July 1, 2009

Texas Asbestos Lung Mesothelioma Lawsuits

In Texas, Asbestos been used in the petroleum industry in everything from pipe insulation to gaskets to the clothes workers wore. Asbestos causes cancer when breathed into the lungs, often in the form of Mesothelioma.

The fire benefits of asbestos were such that their use in Texas did not stop with the petroleum industry. The substance was used in building materials for homes, schools and buildings.

The state of Texas is in the top 10 when it comes to asbestos claims. At last count, it was placed seventh among all the states for the highest number of asbestos lawsuits filed and that number is expected to rise dramatically as the disease progresses.

July 1, 2009

FDA: Varenicline (marketed as Chantix) and Bupropion (marketed as Zyban, Wellbutrin, and generics)

by Dr. Shezad Malik

FDA has required the manufacturers of the smoking cessation aids varenicline (Chantix) and bupropion (Zyban and generics) to add new Boxed Warnings and develop patient Medication Guides highlighting the risk of serious neuropsychiatric symptoms in patients using these products. These symptoms include changes in behavior, hostility, agitation, depressed mood, suicidal thoughts and behavior, and attempted suicide. The same changes to the prescribing information and Medication Guide for patients will also be required for bupropion products (Wellbutrin and generics)that are indicated for the treatment of depression and seasonal affective disorder.

June 30, 2009

Yaz Class Action Law Suits in Progress

by Dr. Shezad Malik

The Yaz® birth control pill has been on the market since 2006. Yaz is taken orally once daily to prevent pregnancy.

Yaz differs from other birth control methods because it contains a progestin hormone called drospirenone, which can increase potassium levels in the bloodstream.

Yaz has been linked with serious adverse heart problems. In a letter sent to the manufacturer of Yaz, the Food and Drug Administration warns of blood clots, heart attack, stroke, and gall bladder disease in Yaz users.

The FDA says, “Yaz has additional risks because it contains the progestin, drospirenone which can lead to hyperkalemia in high risk patients, which may result in potentially serious heart and health problems. Women taking Yaz must be concerned about the drug interactions that could increase potassium, in addition to the drug interactions common to all combination oral contraceptives.”

June 30, 2009

MRI Gadolinium Induced Kidney Failure

by Dr. Shezad Malik

Ever since the issue of MRI health risks began circulating, Gadolinium kidney failure has been debated—especially with its link to nephrogenic systemic fibrosis (NSF) and increased risk for MRI and kidney failure when used in association with MRI for persons with compromised kidneys.

However, a new study casts a certain amount of doubt. The study: High-Dose Gadodiamide for Catheter Angiography and CT in Patients With Varying Degrees of Renal Insufficiency: Prevalence of Subsequent Nephrogenic Systemic Fibrosis and Decline in Renal Function, was recently undertaken at the Mayo Clinic in Jacksonville, Florida.

The results of the study were published in the American Journal of Roentgenology.

“The purpose of our study was to evaluate the prevalence of nephrogenic systemic fibrosis and nephrotoxicity among patients with differing degrees of renal dysfunction who are exposed to high doses of gadodiamide,” said Mellena D. Bridges, MD, lead author of the study.

June 29, 2009

Home Depot Product Liability Suits Advances

by Dr. Shezad Malik

A federal judge in Atlanta is permitting dozens of product liability suits against Home Depot and the makers of a tile grout cleaner to proceed to trial on negligence claims, but he has stripped away other claims that sought damages for violating federal consumer product safety laws.

Ten of those suits, filed by an Atlanta attorney on behalf of Home Depot customers who were hospitalized after using Tile Perfect Stand ‘N Seal Spray-On Grout Cleaner, are among approximately 50 suits that have settled, according to a Home Depot attorney. The settlements are confidential, said Frank A. Ilardi of Houck, Ilardi & Regas, who shared lead counsel duties with Texas attorney William J. Maiberger Jr. until Ilardi negotiated the settlements.

June 27, 2009

Zicam and Shareholder Litigation Begins

by Dr. Shezad Malik

There is a big mess at Matrixx Initiatives, a Scottsdale, Ariz., maker of over-the-counter health care products. Best-known for its homeopathic Zicam Cold Remedy offerings, Matrixx hit a rough patch on June 16, when the Food and Drug Administration advised consumers to stop using two of its popular remedies.

The F.D.A. said that it had received more than 130 reports of anosmia — or loss of smell — from users of the products and that more than 800 such reports had been delivered to Matrixx. The agency told Matrixx that Zicam Cold Remedy Nasal Gel and the same treatment in swab form could no longer be marketed without government approval.

June 26, 2009

Roche Pulls Accutane Off Market After Jury Verdicts

by Dr. Shezad Malik

Roche Holding AG, the world’s biggest maker of cancer drugs, is pulling its Accutane acne medicine from the U.S. market after juries awarded at least $33 million in damages to users who blamed the drug for bowel disease.

Roche notified the U.S. Food and Drug Administration today that it was withdrawing Accutane after a “reevaluation” of its product lines showed it faced serious challenges from generic competitors, company officials said in a statement.

“In addition, Roche has been faced with high costs from personal-injury lawsuits that the company continues to defend vigorously,” according to the statement.

June 26, 2009

Caraco Digoxin Manufacturer Raided by Federal Agents

by Dr. Shezad Malik

At the request of the FDA, U.S. Marshals raided generic drug manufacturer Caraco Pharmaceutical Laboratories, Ltd., shutting down manufacturing and seizing inventory. The action came after FDA inspections found that the drug maker was continuing to fail to meet federal safety and health requirements.

In March 2009, Caraco recalled digoxin, a heart medication, after it was discovered that some tablets distributed were thicker or thinner than they were supposed to be. This created a serious risk for consumers, as receiving too much of the drug could cause a potentially life-threatening condition known as digoxin toxicity, and receiving too little of the medication could result in injury from the underlying heart condition.

June 25, 2009

Family of Tree Trimmer Killed by Wood Chipper Sues Manufacturer

by Dr. Shezad Malik

It was just another work day for Rafael Jimenez, a veteran tree trimmer in his 24th year on the job.

But as he stuffed branches from a Chinese elm tree into a wood chipper, his right hand became entangled in the branches and Jimenez found himself being jerked toward the steel knives.

The machine, which devours a 20-inch branch in a second, consumed nearly his entire body.

His wife and four children filed a lawsuit in Los Angeles County Superior Court alleging that the manufacturer of the machine, Michigan-based Morbark, knew for years that its safety features were insufficient and had done nothing to prevent injuries and deaths like Jimenez’s.

June 24, 2009

Zicam Lawsuit Filed

by Dr. Shezad Malik

In what could be the opening salvo in a new wave of lawsuits against the Scottsdale-based maker of Zicam, lawyers filed a lawsuit on behalf of 117 people who claim they have suffered loss of smell after using the popular nasal spray.

Among those suing Scottsdale-based Matrixx Initiatives Inc. include one dozen Phoenix-area residents as well as the chef of an upscale Las Vegas-area restaurant who no longer can smell or taste food.

Matrixx officials said they had not seen the lawsuit filed in Maricopa County Superior Court, but a spokesman said the company believes that its nasal products are safe and do not cause loss of smell.