Product Liability Lawyer Blog

July 2, 2016

Report: Boston Scientific to Add New Warnings to Surgical Mesh Devices

Boston Scientific Corp. is a named defendant in some 36,000 product liability lawsuits related to its surgical mesh devices, also sometimes referred to as pelvic mesh, pelvic slings or transvaginal mesh. These devices have been touted as a means to repair a host of pelvic disorders in women, but instead, they have proven extremely dangerous.

Now, the company is doing something it probably should have done long ago: Updating its safety warnings.

Of course, it shouldn’t take 35,000 lawsuits to prompt this kind of action from a pharmaceutical manufacturer, but better late than never. The question some people might have, though, is whether the safety warnings will have any impact on their ability to bring a civil lawsuit against the firm. The answer is probably not, so long as the surgery took place before the safety warnings were updated. Each individual case will be different, and there will be a lot of factors to consider, which is why we encourage anyone who suspects they may have suffered injury as a result of these devices to seek immediate legal counsel. Continue reading

June 29, 2016

States Sue Johnson & Johnson Over Pelvic Mesh Implants

by Jeffrey S. Glassman

Pharmaceutical giant Johnson & Johnson is facing down two lawsuits filed by attorneys general in California and Washington for failure to disclose the risks associated with their pelvic mesh – also known as vaginal mesh – devices.

As it now stands, the company is already a named defendant in 25,000 personal injury lawsuits filed by U.S. consumers over the surgical mesh, which is touted as a means to shore up weakened pelvic muscles and help to control urinary incontinence. But plaintiffs – overwhelmingly women – say that’s not what happened.

Instead, they allege this device was both defectively designed and defectively manufactured and that Johnson & Johnson failed to warn consumers of the potential risks. As a result, tens of thousands of woman and their families have suffered profound adverse effects, from intense and chronic pain, urinary dysfunction, inflammation and loss of sexual function or incredible pain during sexual intercourse. Continue reading

June 26, 2016

Pharmaceutical Injury Case Asks If Brand Names Can Be Sued for Generic Drugs

by Jeffrey S. Glassman

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.

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

June 22, 2016

Are Patients Being Manipulated by Drug Ads on TV?

by Jeffrey S. Glassman

A recent article from Cleveland.com 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.

Before 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

June 19, 2016

Couple Arrested with Meth and Testosterone According to Police

by Jeffrey S. Glassman

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.

Law 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

June 15, 2016

Coach John Madden Recovering from Total Hip Replacement

by Jeffrey S. Glassman

According to a recent news feature from NFL.com, 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.

Madden 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

June 12, 2016

Doctor Fined for Violations Involving Testosterone Replacement Therapy Prescriptions

by Jeffrey S. Glassman

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.

Testosterone 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

June 9, 2016

Hip Replacement Patients Still Taking Prescription Painkillers Long After Surgery

by Jeffrey S. Glassman

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

June 7, 2016

Former Deep Purple Bassist and Vocalist Pushes Back U.S. Tour after Double Knee Replacement

by Jeffrey S. Glassman

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.

According 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

June 4, 2016

Knee Replacement Patients to Shower Sooner

by Jeffrey S. Glassman

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.

Now, 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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