Product Liability Lawyer Blog

November 29, 2014

FDA Delays Rule on Generic Drug Warnings

Drug manufacturers have an obligation to alert patients to any potential side effects associated with a particular medication. However, because of the way the laws are written, those who make and distribute generic drugs are actually prevented by law from alerting the public to potential problems.

The U.S. Food and Drug Administration (FDA) has been considering making a change to remove this limitation and allow generic drug manufacturers to issue warnings. This could also mean these entities might face liability if those warnings are later shown to be inadequate.

However, according to the Wall Street Journal, the FDA ultimately decided to delay its new final rule addressing the issue.

A Boston dangerous drug lawyer knows consumers deserve to understand the risk they assume when they take any medication. Drug warning labels should provide comprehensive data on potential side effects that could present a risk to patient health. Additionally, there needs to be accountability when drugs cause dangerous side effects.
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November 27, 2014

Stryker Agrees to Billion Dollar Settlement for Defective Hip Products

by Jeffrey S. Glassman

Stryker is one of many manufacturers working to resolve complaints arising from the sale of metal-on-metal hip implant products.

According to Market Watch, Stryker has now agreed to settle many of the claims pending against the company. An estimated $1 billion will be provided to certain victims of defective hip replacement and hip implant products as part of the settlement.

Before accepting a settlement or joining a mass tort, victims harmed by Stryker or other hip implant products need to consult with a Boston defective medical device lawyer. Once plaintiff has accepted a settlement, it is not possible to later seek broader compensation – even if the condition worsens.

Victims need to determine if they are eligible for compensation through the recent Stryker settlement, and if accepting money from the settlement is the right choice for them.
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November 25, 2014

Protect Boston Kids from Defective Toys During Holidays

by Jeffrey S. Glassman

With the shopping holiday season underway, this is the time of year when many children throughout the Boston area will begin to receive gifts.

Toys are a common present for children, and often kids cannot wait to start playing. Before parents allow kids to enjoy their new toys, however, it is very important to make sure the items the children receive have not been subject to a recall.

A defective or dangerous toy could cause your child to suffer serious injury or even to become sick. While the Consumer Product Safety Commission has made a strong effort to keep unsafe products off store shelves, some toys with health risks slip through the cracks and end up being sold on store shelves. When this happens and your child is hurt or killed due to a defective product, it is important to consult with a Boston defective product lawyer for assistance.
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November 22, 2014

Massive Stroller Recall Due to Infant Fingertip Amputations

by Jeffrey S. Glassman

Around five million baby strollers manufactured by Graco have been recalled because there is a risk the strollers will amputate a user’s fingers. The recall affects 11 different models of Graco strollers that were made between August 2000 and September of 2014.

A Boston defective product lawyer knows when products are recalled, those who sell and own the defective items frequently do not receive proper notification. As a result, the dangerous product could remain in homes and on store shelves. Here, this means stroller owners could continue to be put at risk of serious injuries for a long time to come.
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November 19, 2014

Actor Steve Carrell Discusses Hip Replacement Surgery

by Jeffrey S. Glassman

Actor Steve Carrell joked with David Letterman about his hip replacement surgery during a recent appearance on the talk show. According to a news feature by People Magazine, Carrell talked at length about the hip replacement surgery he had last year.

The 52-year-old actor said he hurt his hip during an old hockey injury and was walking with a limp before having hip replacement surgery. He took a few months to recover and is walking fine after the surgery. Carrel said the surgery cost around $10,000, and Letterman pointed out that they give you the old hip to make soup.
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November 16, 2014

Testosterone Replacement Therapy Drug Sales Fall Amid Health Concerns

by Jeffrey S. Glassman

Drug companies have been reaping huge profits from testosterone replacement therapy (TRT) drugs over the past decade. The drugs come in many forms, including injectable, transdermal patches, skin gels, and oral tablets.

Despite the fact that scientists and doctors do not know if having a low testosterone (Low T) level is harmful or if it is beneficial to raise a patient’s testosterone, TRT use has increased at an alarming rate of over 400 percent. In fact, TRT drugs were first developed in the 1970s to threat the still rare condition of hypogonadism.

What testosterone replacement therapy manufacturers did not want patients to know is there are serious side effects associated with TRT, including an increased risk for strokes and heart attacks and other heart problems. The reason they didn’t want patients to know about these risks is that it could harm sales. However, according to a recent report by Bloomberg Business Week, is seems that safety concerns are slowing sales of TRT medications after all.
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November 13, 2014

First Federal Transvaginal Mesh Lawsuit against Boston Scientific Heads to Court

by Jeffrey S. Glassman

Boston Scientific Corporation is headed to trial over its Obtryx transvaginal mesh devices, according to a recent report from Reuters. The company has faced complaints from over 23,000 victims who allege that its transvaginal mesh (TVM) implant caused serious personal injury.

The Obtryx device is a transvaginal mesh implant designed to treat pelvic organ prolapse (POP) and a condition known as stress urinary incontinence (SUI). Specifically, Obtryx is a bladder sling made from mesh that is supposed to keep the bladder closed. It was marketed as a minimally invasive solution that would allow women with urinary issues to lead a normal life.
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November 10, 2014

In Kenser v. Premium Nail Concepts, Inc.: Products Liability involving Nail Salon Chemicals

by Jeffrey S. Glassman

Some occupations involve working with hazardous chemicals on a daily basis. In Kenser v. Premium Nail Concepts, Inc., a case from the Montana Supreme Court, plaintiff operated a nail salon from 1998 to 2009. In 1999, she began using a liquid nail product that was repackaged and distributed by defendant.

In 2008, plaintiff developed painful boils on her face, rashes, and had trouble breathing. She filed a workers compensation claim, and the commission’s doctor diagnosed her with ethyl methacrylate (EMA) sensitivity. EMA is an ingredient in the liquid nail product sold by defendant.

Plaintiff learned about defendant’s product at a trade show in 1999. She chose to use it exclusively in her shop. When making an acrylic nail, nail salon workers mix defendant’s powder with their liquid product and apply it to client’s nail with a brush. After the acrylic is dry, the worker files it and shapes it before applying nail polish. It is common for workers to get the product on their own hands during the process. Workers are also exposed to fumes and dust during the process.
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November 7, 2014

Doctors and FDA Concerned About Testosterone Replacement Therapy Side Effects

by Jeffrey S. Glassman

It used to be considered a normal part of aging for a man to grow old and experience reduced sex-drive, hair loss, weigh gain and increased fatigue. These days, according to the many television commercials and magazine ads, men can seemingly reverse the process. These ads have identified the reduced testosterone level as a “condition” called “Low-T.”

Drug companies encourage mature men to visit T-Clinics or request from their physician testosterone replacement therapy to reverse these symptoms. The advertisements claim men will be able to reclaim their youth by seeking these treatments.

This has led to a nearly 500 percent increase in the number of men taking testosterone replacement therapy (TRT) injections, or using TRT transdermal creams, gels, patches, or taking oral testosterone. The medical community has become rightly concerned that this can lead to serious complications stemming from use of a medication patients probably didn’t need in the first place.
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November 5, 2014

Boston Device Manufacturer is Creating Custom Artificial Knees Using 3D Printing

by Jeffrey S. Glassman

Over the past decade, we have seen huge increases in the number of patients having total knee replacement surgical procedures. Doctors and medical device manufacturers have essentially been telling older patients that with a total knee replacement, they will be free of pain and have the same degree of mobility enjoyed in youth.

Along with an increase in total knee replacements, we have seen an increase in postoperative patients suffering from serious complications as result of the surgery, including increased pain and, in some cases, a total failure of the artificial joint.
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