Product Liability Lawyer Blog
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When the U.S. Supreme Court in 2011 handed down its decision in Pliva v. Mensing, it essentially left a large group of people – those who use generic prescription drugs – without any recourse if those drugs proved dangerous or defective.

Pills pouring from a medication bottle

Generally, it’s been held that makers of brand name drugs can’t be liable for generic drugs because they don’t actually make them. The Pliva decision made it so that generic drug makers can’t be liable for failure to warn (a key in any defective drug case) because by federal law, generic drug makers don’t write the labels. The labels are written by the brand name manufacturers and then approved by the U.S. Food & Drug Administration.

All this makes it interesting that the California Supreme Court will be taking on the issue of “innovator liability,” also known as brand manufacturer liability for generics in the case of T.H. v. Novartis Pharm. Corp. You see, California is one of the few states where courts have held that brand name manufacturers could in fact be liable for dangerous generic drugs. That ruling was handed down in Conte v. Wyeth, in which a California appeals court determined the brand name maker of a drug called Reglan, used to treat gastroesophageal reflux disease, could be found liable for injury caused by the generic version. The California Supreme Court declined to review that decision, so it’s been generally accepted in that state.  Continue reading

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A recent article from takes a look at how drug companies may be manipulating potential patients by asking them to speak to their doctors about a particular drug.  This is actually a fairly contentious issue, as drug companies formerly were not able to market directly to patients through television and magazine ads.  Eventually, the U.S. Food and Drug Administration allowed direct marketing, and that is when everything changed.

perscription-drug-case-1156714-mBefore this, there were no cartoon characters, or even a claymation lower intestine that tell us which medication can help with digestion.  One of the drugs discussed in this article is Eliquis.  Eliquis is member a class of drugs known as new oral anticoagulants (NOACs).  This medicine is for patients who suffer from a serious medical condition known as atrial fibrillation (Afib). Continue reading

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According to a recent news feature from the News Star, a couple has been arrested and charged with possession of methamphetamine and testosterone.  Authorities say the arrest was the result of a routine traffic stop that yielded probable cause to search the couple’s home where additional contraband was found.

ijectionLaw enforcement personnel say they allegedly saw the driver of vehicle make an illegal maneuver and effectuated a traffic stop.  Once they approached the car, they say they detected an odor of burnt marijuana and also saw that the couple had an infant in the vehicle. Continue reading

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According to a recent news feature from, legendary coach and sports analyst John Madden is recovering from a total hip replacement operation.

Following his long coaching career that earned him induction into the NFL Hall of Fame, Madden spent many years in the broadcast booth.  One of his more famous traditions was covering the Thanksgiving Day game each year, and that was where he introduced most fans to the “turducken” meal.

or-room-lights-33324-mMadden had retired from broadcasting in 2008 due to serious health conditions he was experiencing at the time. The following year, he had a major heart surgery.  Despite his retirement, the coach takes part in a major charity event each year, along with Steve Mariucci.  He could not attend this year due to the fact that he was recovering from the total hip replacement surgery.  At the event this year, Mariucci reported that his friend was doing fine and was well on the road to recovery. Continue reading

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Every time we turn on the television or use the Internet, we are hit with a seemingly endless stream of advertisements for prescription medications. If we are watching a sporting event on television, many of the ads target male viewers. One of the frequently advertised drugs in these ads is testosterone replacement therapy hormones.

tylenolTestosterone therapy drugs were first placed on the market in the 1970s to treat a relatively rare medical condition known as hypogonadism.  This condition involves a young male patient who does not have enough testosterone for normal development.  The testosterone replacement therapy (TRT) drugs were shown to work, but it is important to understand that a patient with hypogonadism will have an extremely low testosterone count.  Continue reading

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There has recently been a lot of attention in the media paid to the growing problem with opioid addiction in the nation.  We have seen thousands of deaths from accidental overdoses of narcotic painkillers, and the problem is only getting worse, with patients getting access to more and more powerful drugs.

Recently, it has been reported that singer Prince died as result of an accidental overdose of Fentanyl.   Fentanyl is one of the most powerful opioid painkillers on the market and is typically used for patients with advanced stage cancer and things like bone pain.  This particular narcotic is far more potent and dangerous than heroin. Continue reading

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More people are electing to undergo total knee replacement than ever before.  These patients are much younger than they had been in past, when total knee replacement surgery was typically reserved for elderly people with severe arthritis and those who suffered a traumatic knee injury.

knee-replacement---side-view-1183622-mAccording to a recent news feature form Blabbermouth, Glenn Hughes, who is the former base player and vocalist for the band, Deep Purple, has recently cancelled his upcoming U.S. tour which has been marketed at The Trek.  Hughes is unable to make The Trek because he says he suffered some “recent setbacks” following his double knee replacement surgery.  Continue reading

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Getting a total knee replacement is a big decision.  There is often a lot of pain following the surgery and an arduous rehabilitation period that can keep a patient out of work for weeks while having to go through physical therapy. Unless the patient broke his or her knee in a traumatic accident or attack of some sort, it’s generally considered an elective procedure. But the question becomes weighing the difficulty of coping with chronic and worsening pain versus undergoing a risky surgical operation – and all the recovery problems that may accompany it.

shower-1427304Now, there may be good news for knee replacement patients. A recent news article from Pantagraph indicates patients may be able to hit the showers sooner. There has long existed a fear that showering any sooner than two weeks might increase the likelihood of a post-operative infection.

Granted, the study is small, but it indicates no differences in bacterial swabs from patients who waited two weeks to shower compared with those allowed to shower after about two days.
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In the past two years we have seen various coverage in the media about listeria being found in multiple consumer food products, resulting in large scale recalls.  Listeria is a bacteria that is formally known as Listeria monocytogenes, and can result in serious gastrointestinal (GI) infection in humans.

sunflower-seeds-9-1465812Symptoms of Listeria infection include high fever, stomach pain, diarrhea, joint stiffness, nausea, and severe headaches.  While it is not fatal to the average adult in otherwise good health, it can be fatal to women who are pregnant, very old or very young patients, and those with a compromised immune system.   Last year alone, according to a recent news feature from CNN, there were an estimated 1,600 cases of Listeria, and of those cases, 260 people died.  Continue reading

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A man from Florida has filed a new Xarelto injury lawsuit against Janssen Pharmaceuticals (a division of Johnson & Johnson, which is the U.S. marketing partner of Xarelto) and Bayer A.G. which is the German pharmaceutical giant that manufactures the medication. As part of this lawsuit, he is claiming negligent manufacture of a defective drug, among several other related claims.

perscription-drug-case-1156714-mThe lawsuit was filed in a United States District Court and technically has several more named defendants than listed above because each of these other companies have several wholly owned subsidiaries that were involved in the manufacture and marketing of Xarelto according to a recent news article from the Louisiana Record. Continue reading