Rick Kuykendall notes this week's news: 

The Advisory Committee of the U.S. Food and Drug Administration (FDA) met June 29 and 30, 2009 to discuss the risks to consumers for liver damage due to overdosing on the drug acetaminophen, one of the most commonly used active ingredients in medicines to relieve pain and fevers. Most people know that it’s in over-the-counter (OTC) drugs, like Tylenol and Excedrin, but it’s also in prescription drugs.

 

The FDA emphasizes that acetaminophen is generally safe when taken as directed currently and has been proven effective as a pain reliever and fever reducer. But acetaminophen can also cause liver damage when taken in excess of current recommended dosages. Nearly 500 deaths are attributed to an acetaminophen overdose each year.

A study of 22 specialty centers across the United States showed that an overdose of acetaminophen was the leading cause of acute liver failure for the years 1998 through 2003 and a 2007 study had similar findings. The FDA’s Advisory Committee warns that consumers may inadvertently take more acetaminophen than is safely recommended because of its widespread use in many drugs.

 

Source here.

 

Mr. Kuykendall began his law practice over twenty years ago in Birmingham, Alabama with one of the most successful union side Labor Law firms in the United States - Cooper, Mitch, Crawford and Kuykendall. After becoming the managing partner in 1983, he presided over the firm’s evolution into a successful and powerful plaintiff / public interest law firm with a nationwide practice. Despite the firm’s rapid growth and financial success, Rick never allowed it to deviate from its core mission of helping those who needed it the most, despite the odds.

Rick’s practice, while currently focused on complex litigation all over the country, also involves active efforts in alternative dispute resolution. Since 1995 he has been lead counsel or co-counsel in cases which resulted in verdicts and/or settlements far in excess of two billion dollars (over 500 million dollars since 2003 alone). These cases range from individual personal injuries to national mass and class actions in the areas of environmental, consumer and pharmaceutical law. Rick has served as a court appointed special master in the Anniston, Alabama Monsanto litigation.

 

Rick's daughter Amalee Kuykendall starts the University of Alabama this summer.

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(From Rick Kuykendall)

 

My friends Mark Zamora and Joey James have filed a State Court Hydroxycut lawsuit  against the makers, suppliers, distributors,  and sellers of Hydroxycut. It's not a class action, but an individual lawsuit.

 

My friends are currently the lead lawyers on several cases involving another recalled Over The Counter (OTC) supplement that is known as Total Body Formula. That set of cases is likewise filed in Georgia.

 

Some lawyers may seek class action status regarding Hydroxycut. From  lawyer to lawyer, the primary issue is will a person who claims an injury allegedly caused by Hydryxocut be better served by a class action, or by a singular case. In my opinion, the class action route is not the way to go, but each person's situation is of course unique. 

 

You can find information on Hydroxycut and the lawsuit filed on ageorgilawyer.com .... Mark said to expect it soon.

 

 

 

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Tire Failures involving RVs:

Consumers have reported that the Goodyear model G159 tire in size 275/70 22.5 fails without warning causing serious RV accidents and RV damage. This popular Goodyear tire was not designed for use on recreational vehicles but was still used on many. As a RV tire, it has a serious design flaw that could potentially cause a catastrophic RV wreck leading to severe injury or even death. The G159 Goodyear tire has a history of de-treads and failures as a RV tire and we urge RV motorists to discontinue use of their G159 tires.

Goodyear and some of the RV manufacturers have initiated limited recalls and tire replacement programs for the G159, but there are thousands of RVs still in use today that are equipped with this defective tire. Fleetwood, Monaco and other RV manufacturers used the defective G159 Goodyear tires on several of their Class A RV models manufactured between the mid 1990’s and 2004. If you drive a RV with Goodyear tires, check to see if your RV is equipped with G159’s. Talk to us if your RV had these tires on it.

Also,

­

Country Coach, one of the nation’s largest manufacturers of Class A motorhomes, has launched multiple recalls to replace the tires on some of its motor homes,blaming the Toyo tire company for outfitting its recreational vehicles with tires unable to carry

their weight.

Country Coach, a Junction City, Oregon-based subsidiary of RV Holdings Inc. has said that
Toyo’s M102z models were responsible for more than 50 tire failures since 2003 ­ (a charge that
Toyo has denied). This most recent safety campaign underscores what appears to be
an industry-wide problem: RV manufacturers under-rating the axle weight of their vehicles and
outfitting them with tires that cannot bear the load, particularly in the left front. In the last several
years, at least five manufacturers, including Fleetwood, Newmar, Airstream, Four Winds and
National RV Inc., have initiated recalls involving more than a dozen motor home models with
incorrect weight or tire pressure ratings.

With government scrutiny increasing, this problem is also pitting tire manufacturers against RV-
makers as both try to lay the responsibility for these accidents on each other. Toyo has
issued a technical bulletin to its dealers sternly advising against outfitting any motor home
manufactured by RV Holdings Inc. with a Toyo tire.

In the meantime, RV owners have borne the brunt of these miscalculations in the form of sudden
sidewall blowouts on the road. The Country Coach tire failures have mostly resulted in property
damage accidents. But in other cases, motor home tire failures have resulted in injuries and
fatalities.

Some of the recreational vehicles most vulnerable to weight and tire issues are Class A Motor
homes, the largest, and usually the most luxuriously appointed RVs on the road. They measure
24-40 feet in length and feature a kitchen, cockpit, living area, a bathroom and a bedroom. Over
the years, manufacturers have found a way to maximize the living space with motorized slide-out
units. Some models have multiple slide outs. But, as other motor home manufacturers have
discovered, slide-out units can also considerable stress on the front tires.

 

 

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Attorney Rob Bunch is investigating these potential claims, and his number is 888-422-2882:

 

Hydroxycut Recall

 

The Recall:

The U.S. Food and Drug Administration is warning consumers to immediately stop using Hydroxycut products by Iovate Health Sciences Inc., of Oakville, Ontario and distributed by Iovate Health Sciences USA Inc. of Blasdell, N.Y. Some Hydroxycut products are associated with a number of serious liver injuries. Iovate has agreed to recall Hydroxycut products from the market.

The FDA has received 23 reports of serious health problems ranging from jaundice and elevated liver enzymes, an indicator of potential liver injury, to liver damage requiring liver transplant. One death due to liver failure has been reported to the FDA. Other health problems reported include seizures; cardiovascular disorders; and rhabdomyolysis, a type of muscle damage that can lead to other serious health problems such as kidney failure.

Liver injury, although rare, was reported by patients at the doses of Hydroxycut recommended on the bottle. Symptoms of liver injury include jaundice (yellowing of the skin or whites of the eyes) and brown urine. Other symptoms include nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach or abdominal pain, itching, and loss of appetite.

“The FDA urges consumers to discontinue use of Hydroxycut products in order to avoid any undue risk. Adverse events are rare, but exist. Consumers should consult a physician or other health care professional if they are experiencing symptoms possibly associated with these products,” said Linda Katz, M.D., interim chief medical officer of the FDA’s Center for Food Safety and Applied Nutrition.

Hydroxycut products are dietary supplements that are marketed for weight-loss, as fat burners, as energy-enhancers, as low carb diet aids, and for water loss under the Iovate and MuscleTech brand names.  The list of products being recalled by Iovate currently includes:

Hydroxycut Regular Rapid Release Caplets
Hydroxycut Caffeine-Free Rapid Release Caplets
Hydroxycut Hardcore Liquid Caplets
Hydroxycut Max Liquid Caplets
Hydroxycut Regular Drink Packets
Hydroxycut Caffeine-Free Drink Packets
Hydroxycut Hardcore Drink Packets (Ignition Stix)
Hydroxycut Max Drink Packets
Hydroxycut Liquid Shots
Hydroxycut Hardcore RTDs (Ready-to-Drink)
Hydroxycut Max Aqua Shed
Hydroxycut 24
Hydroxycut Carb Control
Hydroxycut Natural

Although the FDA has not received reports of serious liver-related adverse reactions for all Hydroxycut products, Iovate has agreed to recall all the products listed above. Hydroxycut Cleanse and Hoodia products are not affected by the recall. Consumers who have any of the products involved in the recall are advised to stop using them and to return them to the place of purchase. The agency has not yet determined which ingredients, dosages, or other health-related factors may be associated with risks related to these Hydroxycut products. The products contain a variety of ingredients and herbal extracts.

Health care professionals and consumers are encouraged to report serious adverse events (side effects) or product quality problems with the use of these products to the FDA’s MedWatch Adverse Event Reporting program online, by regular mail, fax or phone.
The FDA continues to investigate the potential relationship between Hydroxycut dietary supplements and liver injury or other potentially serious side effects.

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Four generic drug makers named as defendants Federal Court in Vermont were not permitted to seek an interlocutory appeal on a Motion for Summary Judgment which was filed by them. Each claimed that because the warning label was not designed or written by any of them, there was no liability.  

Reglan (metoclopramide) is prescribed for short-term treatment of gastrointestinal disorders, and is only supposed to be used for under 12 weeks.

 

Specifically, the makers of generic Reglan argued that they should be dismissed from the litigation because the plaintiff’s failure to warn claims are preempted by FDA regulations that require the generic version of medications to contain the same warning label as the branded version.

Back at the end of 2008, the Court denied the motion to dismiss, and the drug makers filed a request for an interlocutory appeal to immediately challenge the Court’s decision and stay the proceedings.

In an order issued April 10, 2009, Judge Sessions denied the request, which will require the generic drug makers to participate in discovery and further litigation of the case.

Attorneys Mark Zamora and Joey James are investigating these claims.

http://www.markzamora.com/reg/index.html

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FDA Requires Boxed Warning and Risk Mitigation Strategy for Reglan and Metoclopramide-Containing Drugs

Alabama Attorney Joey James and Georgia and Florida licensed attorney Mark Zamora are investigating - Tel #888-422-2882, or email mark@mzlawyer.com.

 

 

From the FDA site:

The U.S. Food and Drug Administration announced that manufacturers of metoclopramide, a drug used to treat gastrointestinal disorders, must add a boxed warning to their drug labels about the risk of its long-term or high-dose use. Chronic use of metoclopramide has been linked to tardive dyskinesia, which may include involuntary and repetitive movements of the body, even after the drugs are no longer taken.

Manufacturers will be required to implement a risk evaluation and mitigation strategy, or REMS, to ensure patients are provided with a medication guide that discusses this risk.

Current product labeling warns of the risk of tardive dyskinesia with chronic metoclopramide treatment. The development of this condition is directly related to the length of time a patient is taking metoclopramide and the number of doses taken. Those at greatest risk include the elderly, especially older women, and people who have been on the drug for a long time.

Tardive dyskinesia is characterized by involuntary, repetitive movements of the extremities, or lip smacking, grimacing, tongue protrusion, rapid eye movements or blinking, puckering and pursing of the lips, or impaired movement of the fingers. These symptoms are rarely reversible and there is no known treatment. However, in some patients, symptoms may lessen or resolve after metoclopramide treatment is stopped.

Metoclopramide works by speeding up the movement of the stomach muscles, thus increasing the rate at which the stomach empties into the intestines. It is used as a short-term treatment of gastroesophageal reflux disease in patients who have not responded to other therapies, and to treat diabetic gastroparesis (slowed emptying of the stomach’s contents into the intestines). It is recommended that treatment not exceed three months.

Metoclopramide is available in a variety of formulations including tablets, syrups and injections. Names of metoclopramide-containing products include Reglan Tablets, Reglan Oral Disintegrating Tablets, Metoclopramide Oral Solution, and Reglan Injection. More than two million Americans use these products.

What is Tardive Dyskinesia?

Tardive dyskinesias (TDs) are involuntary movements of the tongue, lips, face, trunk, and extremities that occur in patients treated with long-term dopaminergic antagonist medications. Although they are associated with the use of neuroleptics, TDs apparently existed before the development of neuroleptics. People with schizophrenia appear especially vulnerable to developing TDs after exposure to conventional neuroleptics, anticholinergics, toxins, substances of abuse, and other agents. TDs are most common in patients with schizophrenia, schizoaffective disorder, or bipolar disorder who have been treated with antipsychotic medication for long periods, but TDs occasionally occur in other patients as well. For example, people with fetal alcohol syndrome, other developmental disabilities, and other brain disorders are vulnerable to the development of tardive dyskinesias, even after receiving a single dose of the causative agent.

TDs may be differentiated from acute movement disorders that commonly occur in the same patient groups. The acute movement disorders that occur as manifestations of effects of neuroleptics and other dopamine antagonists include akathisia, acute dystonia, and other hyperkinetic dyskinesias. Acute effects of dopamine antagonists also include Parkinsonian syndromes manifested by bradykinesia, rigidity, and pill rolling tremor. The acute movement disorders resulting from exposure to dopamine antagonists are commonly termed extrapyramidal syndromes (EPS).

Reglan- associated with Dystonia?

Symptoms vary according to the kind of dystonia involved. In most cases, dystonia tends to lead to abnormal posturing, particularly on movement. Many sufferers have continuous pain, cramping and relentless muscle spasms due to involuntary muscle movements.

Early symptoms may include loss of precision muscle coordination (sometimes first manifested in declining penmanship, frequent small injuries to the hands, dropped items and a noticeable increase in dropped or chipped dishes), cramping pain with sustained use and trembling. Significant muscle pain and cramping may result from very minor exertions like holding a book and turning pages. It may become difficult to find a comfortable position for arms and legs with even the minor exertions associated with holding arms crossed causing significant pain similar to restless leg syndrome. 

Affected persons may notice trembling in the diaphragm while breathing, or the need to place hands in pockets, under legs while sitting or under pillows while sleeping to keep them still and to reduce pain. Trembling in the jaw may be felt and heard while lying down, and the constant movement to avoid pain may result in the grinding and wearing down of teeth, or symptoms similar to TMD. The voice may crack frequently or become harsh, triggering frequent throat clearing. Swallowing can become difficult and accompanied by painful cramping.

 

 

 

 

 

 

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For good hardworking people, it''s time to sound the alarm about proposed GA legislation:  

 

From the GTLA:

Governor Perdue wants to place the safety of Georgia’s citizens in the hands of a mismanaged federal bureaucracy

Georgia lawmakers introduced SB 101. Senate Bill 101 would grant new protections from product-liability suits to Georgia companies whose products have Food and Drug Administration approval.

In essence SB 101 seeks to rely on the federal Food and Drug Administration (FDA) amidst grave controversy while giving large pharmaceutical companies who harm Georgians a “Get out of Jail Free” card

Governor Perdue suggests that a federal bureaucracy embroiled in heavy controversy, the FDA, should have all the power in deciding the safety of pharmaceuticals and medical devices. SB 101 bars any Georgia citizen from bringing a products liability claim against a pharmaceutical corporation so long as it is headquartered or has 200 employees in Georgia and the product in question, either a drug or a medical device, is FDA approved.

“Vioxx was an FDA approved drug that harmed at least 139,000 people. If there were to be a drug or medical device made here in Georgia that injured or killed people like Vioxx did, Georgia residents would have absolutely no recourse. A person in Phoenix City, Alabama could pursue justice; a person in Columbus could not,” said Fred Orr, President of the Georgia Trial Lawyers Association. “The Governor believes SB 101 will bring corporations to Georgia. But I don’t think we want the kind of business this legislation would attract as this bill says, “Move to Georgia! You can harm or kill our citizens and you will not be held accountable!”

The Governor stated early in the session that FDA approval “should mean something” and that it should protect corporations from lawsuits.

“The FDA can’t protect us from peanut butter. How can we possibly rely on the FDA to protect us from dangerous drugs and medical devices?” said Orr. “If a pharmaceutical corporation manufactures a drug or medical device that seriously harms or kills an innocent person, that corporation should not, under any circumstance, be shielded from accountability. The Governor has simply gone too far with this proposal.”

On February 2, 2009 President Obama had harsh words for the FDA and he urged Congress to conduct a complete review of the FDA after the agency failed to protect the public from contaminated peanut butter. At this time the contaminated peanut butter has killed 8 people and sickened over 500 people.

In addition to the agency’s failure to protect the public from peanut butter, as recently as the last month, the FDA has been at the center of three other nationally publicized controversies concerning alleged corruption, mismanagement, and claims of serious financial conflicts of interest. First the federal Government Accountability Office (GAO) released a report revealing that the FDA has failed to comply with a congressional mandate set nineteen years ago that requires manufacturers of medical devices to provide proof of rigorous testing and safety analysis to the FDA for all Tier 3 medical devices (classified as those devices that are implanted or that a person relies on for life) prior to approval.

Second, a group of FDA scientists went public with their allegations of corruption, mismanagement and coercion within the FDA. The scientists stated that the scientific review process for medical devices “has been corrupted and distorted by current FDA managers, thereby placing the American people at risk.” They allege that managers at the FDA lacked scientific knowledge and clinical expertise regarding medical devices and that they have ignored the experts and scientists within the FDA. The authors stated that they had been ordered to modify their findings and evaluations of medical devices—allowing for the approval of products that may not be safe.

And third, the Inspector General of the Department of Health and Human Services (HHS) issued a report uncovering a troublesome conflict of interest inherent in the FDA approval system. The FDA failed to collect information on financial ties between those that perform clinical tests and the pharmaceutical companies that manufacture the product being tested in an alarming 42% of the cases. HHS claims that such financial ties may compromise the safety of the people in the clinical trials and the authenticity and integrity of the final research data.

“The scientists working at the FDA think that Americans are in danger. Other governmental entities report that the FDA is inept at keeping the American public safe. Yet Governor Perdue inexplicably thinks we should trust a corrupt federal bureaucracy to keep Georgians safe,” said Andy Childers, an Atlanta attorney.

National leaders in medicine don’t think that FDA approval is enough to keep people safe either. In a friend-of-the-court brief filed in association with the case of Wyeth v Levine, multiple editors of the New England Journal of Medicine stated, “The FDA alone simply lacks the ability to serve as the sole guarantor of drug safety." The doctors went on to say that without civil lawsuits and the discovery they produce, "the FDA would be stripped of an essential source of information that the agency has consistently relied on when making its regulatory decisions, and the American public would be deprived of a vital deterrent against pharmaceutical company misconduct."


NOTE: For more information on the FDA approval process and other Government reports, please contact Rebecca DeHart at GTLA.



The Georgia Trial Lawyers Association
Protecting the Constitutional Promise of Justice for all by
Guaranteeing the Right to Trial by Jury,
Preserving an Independent Judiciary, and
Providing Access to the Courts for all Georgian

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Pretty well done, in my opinion. www.mydeniedclaim.com

Attorney Joey James and I have worked together and he's a courtroom litigator. His most recent verdict was in a case involving Dollar General.

The website  is one that sets out what to do when a claim has been denied. These include disability claims involving UNUM, as well as:

• UNUM Life Insurance Company of America
• Paul Revere Life Insurance Company
• First Unum Life Insurance Company
• Provident Life and Accident Insurance Company
• Provident Life and Casualty Insurance Company

I'll be watching the site, and perhaps assisting folks in MD, VA, DC and the Atlantic States.

 

 

 

Continue Reading...

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The U.S. Food and Drug Administration announced a Class I recall of lot no. UD30654 of Healon D, an ophthalmic viscosurgical device (OVD) manufactured by Advanced Medical Optics Inc. (AMO) of Santa Ana, Calif. OVDs are viscoelastic materials used to maintain space in the eye during surgery. Typically, OVDs are pre-packaged in a syringe and are applied using a small tube.

 AMO received 66 adverse event reports associated with the recalled products. Tests of this lot revealed elevated levels of endotoxin, which has been associated with post-operative intraocular inflammation and TASS.

TASS is a post-operative, acute inflammation of the anterior segment of the eye (the front third of the eye including the cornea, iris and lens). TASS has been linked to solutions and devices used during eye surgery, such as OVDs, intraocular lenses and irrigation solutions.

Continue Reading...

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A progression of my practice now has me  working  with the Billy Murphy  Firm in Baltimore, MD.

1 South Street, 23rd Floor Baltimore, Maryland 21202. Tel #: 410-539-6500.

My good friend Mark Zamora is at the forefront of helping people injured by this supplement.  Our  office has been investigating cases in Virginia, Maryland, Washington D.C., and Pennsylvania.  What we know is this:

 The U.S. Food and Drug Administration informed consumers about  Tropical Orange and Peach Nectar, and Total Body Mega Formula in the Orange/Tangerine flavor. The liquid dietary supplement products may cause severe adverse reactions, including significant hair loss, muscle cramps, diarrhea, joint pain and fatigue.

The Total Body Formula products were sold in eight-ounce and 32-ounce plastic bottles. The Total Body Mega Formula was sold in 32-ounce plastic bottles. Both products are distributed by Total Body Essential Nutrition of Atlanta. The company is the sole distributor of the products and has voluntarily recalled Total Body Formula in the flavors of Tropical Orange and Peach Nectar and Total Body Mega Formula in Orange/Tangerine flavor.

FDA laboratories are analyzing samples of the products to identify the cause of the reactions, including the possibility that the products contain excessive amounts of selenium, which is known to cause symptoms such as those described in the adverse events reported to the agency. Selenium, a trace mineral, is needed only in small amounts for good health.

Selenium is a  non metal chemically related to sulfur  and rarely occurs in its elemental state in nature. It is toxic in large amounts, but trace amounts of it are necessary for cellular function in most, if not all, animals, forming the active center of the enzymes gluatathione peroxidase among others.  Isolated selenium occurs in several different forms, the most stable of which is a dense purplish-gray semi-metal (semiconductor) form that is structurally a trigonal polymer chain.

To learn more,  talk with us.

 

 

 

 

 

 

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Dave Swanner, the co-founder of the Trial Lawyer Resource Center, has a blog post this month on his much praised South Carolina Trial Law Blog discussing the efficacy of Facebook for lawyers.

I’m not sure if it is an effective resource for injury and malpractice lawyers but it sure is pretty cool way to keep in touch with people and follow what they are doing. Most of my Facebook friends are former students of mine from the University of Baltimore School of Law.  It is great to see people you taught in the classroom getting great jobs and joining the legal community. While I admit that I do not keep my Facebook friends up to speed on what is going on in my life, I enjoy following the updates of those who do post about that what is on their personal and professional plate.

If you want to add Ronald V. Miller, Jr. as a friend, click here The more the merrier. My only requirement for adding you as a friend is that you have a pulse (and I would consider waiving this requirement).

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Oklahoma Governor Brad Henry vetoed a bill yesterday that required Oklahoma lawyers representing medical malpractice victims to obtain certificates of legal merit from a medical doctor before filing a malpractice lawsuit, citing an Oklahoma Supreme Court ruling that requiring a certificate of merit is unconstitutional.

When bringing a medical malpractice action in most jurisdictions, a medical malpractice lawyer must file a separate certificate of merit for each doctor or other medical provider setting forth that to a reasonable degree of medical probability, the medical provider's malpractice caused the plaintiff injury. I do not know the nuances of the bill.

I am sure that Governor Henry believes he is fighting for the rights of medical malpractice victims or is correct on the issue of whether the statute would pass the Oklahoma Supreme Court. But I’m not sure if a certificate of merit is a bad idea to discourage frivolous medical malpractice lawsuits. The problem is that frivolous malpractice cases reflect poorly on medical malpractice lawyers and their clients which hurts when a lawyer is trying a meritorious medical malpractice claim to a jury.

The gut reaction in any litigation context - especially medical malpractice - is that it is a zero sum game.  What is good for the bad guy is bad for the good guys. The corollary argument is that medical malpractice reform is a slippery slope: first certificates of merit and then a Texas-like cap on malpractice awards. But life is is lived on a slippery slope. Free speech and freedom of assembly can lead to chaos and police can lead to totalitarianism. At some point, in a democracy, we need to trust that we will know where to draw the lines. Accordingly, before malpractice lawyers celebrate this veto, they might want to consider whether this bill was the best thing for both Oklahoma medical malpractice lawyers and Oklahoma doctors.

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My office is investigating the makers of Total Body Formula, a supplement  that was recently recalled.

The U.S. Food and Drug Administration is advising consumers not to purchase or consume Total Body Formula in the flavors of Tropical Orange and Peach Nectar, or Total Body Mega Formula in the Orange/Tangerine flavor. The liquid dietary supplement products may cause severe adverse reactions, including significant hair loss, muscle cramps, diarrhea, joint pain and fatigue.

The Total Body Formula products are sold in eight-ounce and 32-ounce plastic bottles. The Total Body Mega Formula is sold in 32-ounce plastic bottles. Both products are distributed by Total Body Essential Nutrition of Atlanta. The company is the sole distributor of the products and has voluntarily recalled Total Body Formula in the flavors of Tropical Orange and Peach Nectar and Total Body Mega Formula in Orange/Tangerine flavor.

On May  1, 2008,  The U.S. Food and Drug Administration’s final analysis of certain flavors of "Total Body Formula" and "Total Body Mega Formula” has detected hazardous amounts of chromium.

FDA analysis of the products found high levels of chromium among other items. The samples contained up to 3,426 micrograms of chromium for the recommended serving (17 times the recommended intake). The recommended chromium intake for an adult ranges from 35 to 45 micrograms per day.

Continue Reading...

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A good friend of mine and fellow attorney Joey James has been addressing wrongs caused by Central United. That company  issued  cancer policies, and  as has been argued successfully in court, failed  to do what it promised to do in those policies.

Now,  and without  any fanfare, there is a pending State Court class action involving Central United in Alabama which Joey James is NOT a part of, and to him may make little or no sense to policyholders (depending on the facts, and for some it may make sense). There is  a fast approaching deadline.

Mr. James writes this on his blog, http://centralunitedlawsuit.blogspot.com/:

You may also reach him at: 1-877-882-0095 by phone, joey@bunchandjames.com by email.

Continue Reading...

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My friend and fellow consumer justice lawyer Joe Watkins wrote this in response to the zero verdict today in that case better known as the crazy pants lawsuit:

The administrative law judge, Roy Pearson of Washington DC, who sued a drycleaners over a pair of pants lost in court today. 

This news comes to no surprise to the President of the Georgia Trial Lawyers Association (GTLA), Joe Watkins.  “Just as we anticipated, the Civil Justice System worked today.  The Judge presiding over the case ruled in favor of the drycleaners—and against the man at the center of this ridiculous business dispute.”

Pearson filed suit against the drycleaners for $54 million after alleging that they lost a pair of his pants. “The suit itself was ludicrous.  As an attorney for 30 years I am aware of the dangers that this type of sensationalism can generate.  The general public cannot help but be engrossed in its details.  Now that the decision has been reached, the general public can bask in what is just another example of the Civil Justice System accurately and fairly working for us all,” said Watkins.

The attorney representing the drycleaners was Chris Manning, a member of the American Association for Justice (AAJ), the national affiliate of GTLA.  AAJ has been sharply critical of Judge Pearson’s lawsuit.  In April, AAJ CEO Jon Haber called on the District of Columbia Bar Association to conduct a disciplinary investigation of Judge Pearson for his conduct in this matter. Haber and AAJ President Lewis “Mike” Eidson pledged to support the defendant’s defense fund and encouraged the AAJ membership to also contribute.

“It is our hope that the resolution of this case garners as much media attention as it did when it was filed.  The public deserves to know the how the Civil Justice System works on their behalf,” said Watkins.

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We're getting everyone trained up. We're still working on getting some of the lawyers to post on a regular basis. Some are less net savvy. A number of them have been in trial. We have some great talent and we're going to work on getting them more used to the blog.

In the meantime, we're also bringing a few more lawyers on board. Tommy and Adam Malone from Atlanta, Georgia will be contributing and we are also very luck that Mitch Jackson will be a regular contributor.

Mitch had a great trial blog called 'MyTrialBlog'. He came out and did everything right out of the box, but found with his heavy trial schedule was not able to maintain a blog on a regular basis. We were able to talk him into being a contributor here on a semi-regular basis. He has generously pointed the url to his blog here and we will soon be posting the bulk of his content from MyTrialBlog.

So good things are in the works, but in the beginning of the year, we are looking forward to getting the lawyers more used to posting and providing great information to our readers.

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Over the past 10 years, more and more innovative and expensive drugs have been pushed to market on what's called the "fast track" at the Federal Drug Administration.  What does the fast track achieve?  It allows big pharmaceutical companies such as Pfizer, Merck, Bayer, Wyeth, Bristol-Myers Squibb, Sanofi-Aventis, Hoffman-LaRoche, AstraZeneca, etc. to rush lightly tested and sometimes barely proven drugs to the general public.  Why is this important?  Because people are getting hurt, and even killed by these drugs that are rushed to market before they are proven safe or before sterner "Black Box" warnings can be put on the labels, and in some instances, before their efficacy is proven.

Continue Reading...

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We're still in the process of getting everyone trained on how to enter posts, so the posting will be rather light for the next week.

In the meantime, enjoy the posts that are here and we'll start cranking out quality information in very short order.

So far, we've had a very positive response to the blog and all of the participants are looking forward to getting information up here on a regular basis.

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