Toxic Injury

February 26, 2011

Roche Accutane Inflammatory Bowel Disease Trials

As a Fort Worth Accutane Inflammatory bowel disease attorney, I am writing about the upcoming trial in New Jersey state court. These trials have been anticipated for a long time and will inject Hollywood into the proceedings, as one of the plaintiffs is a film actor.

Trial will began this week in New Jersey state court, for three plaintiffs who allege that they suffered severe bowel disease from Accutane.

Roche faces 3,000 Accutane bowel lawsuits, which all involve allegations that the drug maker failed to adequately warn users about the potential risk of injury associated with the acne medication. The plaintiffs claim there is an increased risk of inflammatory bowel disease (IBD) from Accutane (isotretinoin), which could lead to ulcerative colitis, and Crohn’s disease.

Roche has lost all six Accutane trials that have previously reached a jury.

The number of Accutane complaints filed in New Jersey continues to increase as former users discover that there may be a connection between their bowel problems and Accutane.

The next Accutane trial is scheduled in May 2011, and involves a case filed by Kamie Kendall. The earlier verdict was reversed on appeal because Roche was denied introducing evidence about the number of individuals who have used the acne medication over the years.

February 22, 2011

Darvocet, Darvon, and Propoxyphene MDL March Hearing

by Dr. Shezad Malik

As a Fort Worth Darvon, Darvocet and Propoxyphene recall attorney I am providing this update regarding the upcoming MDL hearing, presently set for late March in California.

There is going to be a hearing that will decide whether all Darvon and Darvocet lawsuits should be consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation in federal court.

The U.S. Judicial Panel on MDL (JPML)has set a hearing for March 30th in San Diego, where they will consider the proposed consolidation of the Darvon and Darvocet litigation.

There are currently at least four different lawsuits over Darvocet that have been filed against Xanodyne Pharmaceuticals in three different federal district courts.

All of the suits contain allegations that the manufacturer failed to adequately research the side effects of Darvocet and Darvon and failed to warn doctors and patients that propoxyphene-based drugs caused heart rhythm problems that could sometimes be fatal.

A Darvon and Darvocet recall was issued on November 19, 2010, after the FDA determined that propoxyphene-based painkillers may increase the risk of heart rhythm abnormalities, including heart arrhythmias or sudden heart-related death.

Multidistrict litigation, and centralization is common in complex product liability claims involving a large number of lawsuits over injuries associated with a particular product. The process is designed to avoid duplicate discovery, prevent inconsistent rulings by different judges and to promote the efficient litigation of the cases.

Xanodyne has opposed consolidation of the Darvocet litigation, stating that much of the evidence and discovery in the cases will focus on the individual health of each plaintiff. The company also stated that some plaintiffs took versions of Darvon or Darvocet that were not made by Xanodyne, and so arguing that the Xanodyne could not be held liable in these cases.

Furthermore, Xanodyne argues that the cases should be centralized in the Eastern District of Kentucky, where the drug maker is headquartered.

February 11, 2011

Benzene Cancer Update

by Dr. Shezad Malik

As a Dallas Benzene Cancer attorney I am providing this information blog because I have recently talked to some potential plaintiffs who believe that they may have been exposed to Benzene and that their cancers may be related to this industrial exposure.

Benzene is an aromatic hydrocarbon that is produced by the burning of natural products. It is a component of products derived from coal and petroleum and is found in gasoline and other fuels. Benzene is used in the manufacture of plastics, detergents, pesticides, and other chemicals. Research has shown benzene to be a carcinogen (cancer-causing). With exposures from less than five years to more than 30 years, individuals have developed, and died from, leukemia. Long-term exposure may affect bone marrow and blood production. Short-term exposure to high levels of benzene can cause drowsiness, dizziness, unconsciousness, and death.

Benzene is addressed in specific standards for the general industry, shipyard employment, and the construction industry.

Individuals employed in industries that make or use benzene may be exposed to the highest levels of benzene. These industries include benzene production (petrochemicals, petroleum refining, and coke and coal chemical manufacturing), rubber tire manufacturing, and storage or transport of benzene and petroleum products containing benzene. Other workers who may be exposed to benzene because of their occupations include steel workers, printers, rubber workers, shoe makers, laboratory technicians, firefighters, and gas station employees.

February 10, 2011

Asbestos Mesothelioma Update

by Dr. Shezad Malik

Mesothelioma is a deadly disease that is caused by exposure to asbestos, which is a naturally occurring silicate mineral that exists, in a fibrous state composed of microscopic crystals. Asbestos was used in a variety of building applications, as a heat insulator, electrical resistant insulator, and as a composite material in joint compound and concrete.

Mesothelioma litigation represents the longest running Mass Tort in the history of America. Every year, 10,000 people die from mesothelioma, and 800,000 claimants have sought compensation against approximately 8,400 defendants.

Most people who develop mesothelioma have worked on jobs where they inhaled asbestos and glass particles, or they have been exposed to asbestos dust and fiber in other ways. It has also been suggested that washing the clothes of a family member who worked with asbestos or glass can put a person at risk for developing mesothelioma. Unlike lung cancer, there is no association between mesothelioma and smoking, but smoking greatly increases the risk of other asbestos-induced cancers
Mesothelioma is a type of cancer that attacks the thin layer of cells that line the body’s internal organs, known as mesothelium.

Mesothelioma disease exists in three forms. The most common type is pleural mesothelioma, and this disease accounts for approximately 70% of all mesothelioma cases. Pleural mesothelioma occurs in the lining of the lungs, known as pleura.

The second variety of mesothelioma, pericardial mesothelioma, occurs in the lining of the heart, known as the pericardium.

The third form, peritoneal mesothelioma occurs in the lining of the abdominal cavity, known as peritoneum.

February 9, 2011

DePuy ASR Recall Update

by Dr. Shezad Malik

As a Dallas DePuy ASR Recall attorney I am providing this important update regarding the recent MDL hearing in Florida.

Johnson & Johnson and plaintiff attorneys are negotiating a procedure for preserving and handling company’s recalled hip implant devices after patients get them replaced through surgeries. J&J’s DePuy Orthopaedics unit recalled the implants on Aug. 26, after researchers found a second operation, or “revision surgery,” was needed after five years at rates higher than the company expected. Doctors had implanted 37,000 ASR XL Acetabular System devices.

The implants and tissue removed are important evidence in the individual lawsuits by DePuy patients. The protocol for handling and analyzing the explants, will help document excessive metal wear of the device and the destructive tissue damage caused by the debris.

January 31, 2011

Oil and Gas Drillers Accused of Using Diesel In Fracking

by Dr. Shezad Malik

As a Fort Worth Toxic Tort and Environmental Attorney I am providing this update regarding diesel fracking.

According to U.S. House Democrats, Halliburton Co. and Baker Hughes’ BJ Services are among 12 oil and gas companies using diesel fuel in hydraulic fracturing, potentially violating the law.

The providers injected 32.2 million gallons of unauthorized diesel fuel, or fluids containing the fuel, to extract gas from wells in 19 states from 2005 to 2009, according to a letter to Environmental Protection Agency. BJ Services led with 11.5 million gallons followed by Halliburton at 7.2 million.

The House Oversight and Government Reform Committee began its investigation of fracturing in February 2010. The panel concluded that 12 of 14 companies questioned used diesel fuel or fluids containing diesel in 19 states.

Texas, where North Texas’ Barnett Shale is the nation’s No. 1 natural gas source and the Eagle Ford Shale in South and Central Texas is a growing resource, accounted for half of the total. Companies also used at least 1 million gallons of diesel-containing fluids in Oklahoma, Wyoming, North Dakota, Louisiana and Colorado.

Companies using hydraulic fracturing — a technique that shoots water, sand and chemicals into shale to extract natural gas — aren’t required to get permits unless they use fluids containing diesel, which the EPA said is a threat to drinking water.

The EPA is collecting information as part of a study into the effects of hydraulic fracturing on drinking water.

Environmental groups led by the New York-based Natural Resources Defense Council said the chemicals used are often toxic, citing cases in Wyoming and Pennsylvania where residents were told not to drink well water.

January 24, 2011

Marine Files Lawsuit Over Toxic Camp Lejeune Water

by Dr. Shezad Malik

As a Fort Worth Toxic Tort Groundwater contamination attorney I am providing this update on the Camp Lejeune litigation.

A former Marine has filed a $16 million lawsuit against the federal government, claiming that contaminated water at Camp Lejeune caused him to contract a rare form of breast cancer.

It is the latest damage claim in a long-running dispute between former residents and the Marine Corps over the polluted water.

Wells at the base were contaminated by fuel leaks and other sources of pollution before being closed two decades ago. Health officials think as many as 1 million people may have been exposed to tainted water.

January 14, 2011

FDA Multaq Dronedarone: Risk of Severe Liver Injury

by Dr. Shezad Malik

As a Fort Worth Product Liability and Defective drug attorney I am reporting this latest warning from the FDA involving the drug, Multaq.

The Food and Drug Administration (FDA) said that it has received several reports of liver damage with Multaq tablets, including two cases in which patients had to have their livers removed.

Both female patients were 70 years old, and they had been taking the drug for 4.5 months and six months, respectively.

The FDA said it would add a new warning about the risk for liver damage to the label of Multaq. Multaq already carries a black box warning, the most severe type, stating the drug can cause severe complications, including death, in people with recent severe heart failure and should not be used in those patients.

Sanofi-Aventis SA, the manufacturer of the medication, will send a letter to US doctors telling them that two patients taking the Multaq (dronedarone) medication have suffered liver failure.

Multaq, cleared for sale in 2009, treats atrial fibrillation, a rapid and irregular beating in the heart’s upper chambers affecting an estimated two million people in the US, according to the National Heart, Lung and Blood Institute.

According to the FDA, patients taking the drug should call their doctor if they experience symptoms such as itching, yellow eyes or skin, dark urine, loss of appetite, or light-colored stools,

January 8, 2011

DePuy Hip Recall Lawyers and MDL Court Meeting in January

by Dr. Shezad Malik

As a Fort Worth DePuy Hip Recall and Injury Attorney I am providing this DePuy Litigation update.

The DePuy Product Liability Attorneys involved with the DePuy Recall and class action lawsuits are scheduled to meet with the federal judge that is presiding over the multi-district litigation (MDL) on January 20th.

In December, a U.S. Judicial Panel ruled to consolidate all federal DePuy hip recall lawsuits in the Northern District of Ohio. The meeting scheduled for January will allow the Judge to select which attorneys will serve in leadership roles for the plaintiffs and the defendants.

Over 100 DePuy hip recall lawsuits have already been transferred to the MDL Court, and thousands more are expected to be filed or transferred in the coming months.

The claims are being consolidated in an effort to reduce the burden on the court system. All of the cases that have been and will be filed under the MDL will have similar allegations against a common defendant, DePuy Orthopedics and its parent company Johnson & Johnson. Many claims will be seeking similar damages resulting from similar injuries and much of the same discovery will be applicable to a majority of the claims.

DePuy ASR hip implants were recalled by DePuy last year after it was discovered that the metal on metal implants had an extremely high rate of failure, but most of damage had already been done. Over 90,000 people world wide were implanted with the defective devices between the 2005 launch and the recall some five years later. It is estimated that about 35,000 defective DePuy hips were implanted in the United States alone.

Patients implanted with a recalled DePuy hip implant may still be at risk for problems related to the release of small particles from the metal-on-metal devices, even if they have not experienced pain or other symptoms. Therefore, if you have received an implant involved in the DePuy hip replacement recall, do not wait until you experience symptoms of DePuy hip problems to learn your legal rights.

December 18, 2010

DePuy Hip Replacement Failure Demonstrates a Broken Medical Implant System

by Dr. Shezad Malik

As a Fort Worth DePuy ASR Hip Recall attorney I am providing this latest update information involving the recent DePuy Class Action lawsuits.

The DePuy Articular Surface Replacement (ASR) hip, is failing at high rates, even though the device was designed to last for at least 15 years.

According to medical critics the failure of the ASR hip demonstrates a broken piecemeal medical implant system.