Trial Lawyer Resource Center

Recently a Liquid Natural Gas producer suggested it should be allowed to deliver LNG from Savannah, GA throughout the south, to include Atlanta.

From Savannahnow.com:

A new proposal from the operator of Elba Island, one of the largest importers of liquefied natural gas or LNG in the country, would have some of that natural gas stay in its liquid state and make the journey out of Elba by tanker truck. The proposed route takes 13,000- gallon double-walled tanker trucks south on the Truman Parkway and then across DeRenne Avenue to I-516. Southeast LNG wants to start its trucking operation in late 2012 with 8-10 trucks a day and ramp up to 58 trucks a day over the ensuing decade.

Both the idea of additional traffic and the transport of hazardous material on DeRenne worry some who live along the already beleaguered corridor.

The Danger?

What is the danger? Outside of normal wrecks, tankers are prone to rollovers.

LNG tankers make perfect terrorist bombs. In Savannah these trucks will pass right by Hunter Army Airfield. It is a military airfield and subordinate installation to Fort Stewart.

Hunter features a runway that is 11,375 feet (3,468 m) long and an aircraft parking area that is more than 350 acres (1.4 km²). The runway and apron, combined with the 72,000 sq ft (6,689 m²) Arrival/Departure Airfield Control Group (A/DACG) Facility and nearby railhead, allow the 3rd Infantry Division from nearby Fort Stewart to efficiently deploy soldiers and cargo worldwide. NASA identified Hunter as an alternate landing site for the Space Shuttle orbiters.

In 1944 a LNG explosion leveled one square mile of Cleveland, known as the Cleveland Disaster. The very first commercial LNG facility built in the United States in 1941, caused a major industrial accident known as the "The Cleveland Disaster." According to the U.S. Bureau of Mines report, LNG holding tanks failed and released their contents into the streets and sewers and their vaporous cloud ignited and fire engulfed the nearby residents and commercial establishments.
The Fiery Inferno Devastated One Square Mile Of Cleveland, Ohio. Liquefied Natural Gas Destroyed 79 Homes, 2 Factories, 217 Cars,7 Trailers, Left 680 Homeless,Injured 225 and Killed 131.

In 2004, a blast at Algerian liquefied natural gas plant killed 27 people.

In Savannah, they propose 58 trucks a day passing local retail stores, businesses with thousands of jobs and homes and families.

Each truck tanker will have 13,000 gallons of Liquid Natural Gas which in a wreck, if released, may convert from liquid to vapor and expand to 600 times to about 8 million gallons of gas....

This would will produce about a 5,000 degree fire.

Simply stated, this is a bad idea. Time to kill the proposal now.

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Here is the link to the BP Oil Spill blog:  http://bp-oil-spill-lawyer.blogspot.com/ or oil-spillattorneys.com

Lawyers who collaborate on this blog are the lead lawyers there -Ricky Kuykendall and Mark Zamora 

 

 

 

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From a Kentucky trial lawyer group:

A recent U.S. Chamber of Commerce study is attempting to cause a stir in some parts of the country over what it calls the national lawsuit climate. It ranks each state based on a dubious set of factors for how friendly a state's legal system is for business.

The report is short on facts and credibility. And even more concerning is the lack of accountability it promotes - the same lack of accountability that pushed our nation into one of the worst economic messes in history.

The annual lawsuit climate rankings by the Institute of Legal Reform, a branch of the U.S. Chamber of Commerce, rely only on the opinions of corporate defense attorneys who stand to profit when their corporations are shielded from those they have harmed through negligent behavior.

Corporations represented by the Chamber, such as AIG, the insurance industry and pharmaceutical companies, have gone to great lengths to portray our nation's civil justice system as unfair to them and at the same time wreaking havoc on our nation's economy.

This study is yet another tool in their PR campaign.

This year's study ranks Kentucky 40th in the nation in terms of how "fair" its legal system is for business, yet the study itself is the most blatantly unfair form of spin doctoring one can imagine.

For example, if you read a study showing that Duke University was the most popular sports team in Kentucky, would it affect your opinion if you knew only 10 people had been surveyed, and they were all Duke alumni?

In this survey, only those people who stand to gain from eliminating the protections of our civil justice system were asked whether they thought it should be limited. So you can guess their answers.
Aside from the flawed methodology, those promoting this study have caused so much harm to our nation's economy.

They say they are promoting small business, but in reality, companies like AIG - which alone has given the U.S. Chamber $23 million - are pushing for less accountability through our courts.

That is disturbing since it was their own lack of accountability that got them, and consequently our nation, in so much trouble.
Kentucky's civil justice system should be a fair and balanced way of addressing negligent behavior while encouraging a strong, ethical and accountable business community.

The legal and business community should not be at odds, but instead should be seen as allies. By serving as a watchdog against negligent and bad business behavior, good businesses can thrive and grow Kentucky's economy.
Kentuckians should see this and similar reports for what they truly are: fraudulent efforts by billion-dollar corporations to tilt the table in their favor at the expense of consumers.

If they really want to create a more thriving business community, may we suggest they start by cutting back on their million dollar bonuses and instead invest that money in creating good, safe jobs in states like Kentucky that need them.
Maresa Fawns is executive director of the Kentucky Justice Association, a statewide membership organization comprised mostly of trial lawyers.

From kentucky.com

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Watch this video:http://vimeo.com/9943651

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An excellent piece on the GTLA blog, written today (1/9):

 

 

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Do you have questions about what to do as gulf oil nears?

Here are some common questions: 
Question: What legal options are available to individuals or businesses that are damaged by the oil spill in the Gulf of Mexico?

Answer: There are two main avenues to recover monetary damages: through traditional state-law causes of action, such as negligence; and through the federal Oil Pollution Act of 1990 (“OPA”). Generally, unless oil physically makes contact with you or property, federal law limits claims for economic damages and requires them to be filed under OPA.

Question: What kind of claims can be made pursuant to OPA?

Answer: Under OPA, claims may be filed for a broad spectrum of economic damages, including lost profits and earning capacity, oil cleanup costs, and damage to property.

Question: What do I have to do to file an OPA claim?

Answer: The filing of an OPA claim is a multi-step process. Prior to filing suit under OPA, the claimant must comply with certain procedural requirements. The claimant must first present his/her/its claim to the responsible party as designated by the federal government, BP in this situation. The responsible party then has ninety (90) days to process the claim and either settle the claim or deny it. If there no settlement by the conclusion of the 90 days, then the claimant has the option to file a lawsuit or to file a claim with the Oil Spill Liability Trust Fund.

Question
If I make a claim pursuant to OPA, does that mean that I am going to receive the full amount of the damages claimed?

Answer
The existence of the OPA does not guarantee that any person can be compensated for all economic losses. There are important risks inherent in the OPA scheme that may prevent a full recovery. Some of these include:

• The value of the claim is initially evaluated by the responsible party, which may undervalue the claim or deny it entirely. BP has promised to pay “legitimate” claims but has not yet given guidelines for what that means. If a lawsuit must be filed, there is a risk that a court would not agree with the valuation and the lawsuit could be partially or completely lost.

• It may take a very long time to resolve the claim, particularly if a lawsuit must be filed and protracted litigation begins. Some claimants are still awaiting full payment from the Exxon Valdez disaster in 1989.

• There is a risk that BP or other responsible parties will run out of money to pay claims, enter bankruptcy, or otherwise be unable to satisfy all damages. If litigation is needed, this risk increases.

• There is a cap on each responsible party’s total liability pursuant to OPA. For BP, the cap is $75 million plus clean-up costs, and there is an as-yet undetermined amount for other parties. These limits apply to the total value of all claims to be paid out by the responsible parties, meaning that, for example, BP’s $75 million might be divided up among all claimants in the Gulf of Mexico (or might be fully disbursed before claims can be filed).

Fortunately, the cap can be lifted if gross negligence or a violation of an applicable federal regulation can be shown. Also, although this has not yet been confirmed in writing, BP has indicated that it will not assert the cap as a defense to paying its full share of damages. However, these statements are not binding.

• All lawsuits must be filed within three (3) years of the incident.

Question
Is OPA the only basis for recovery of damages caused by the oil spill?

Answer
In the event that oil comes into contact with property, state-law causes of action may assist in recovering damages. These causes of action could apply in addition to damages provided under OPA. Consequently, in addition to the remedies provided under OPA, there may be other ways to recover.

This is a just an overview. Please, use common sense and talk to a lawyer if you feel like one would be able to help.

Damages related to this disaster may include real or personal property damages; loss of profits and earning capacity; loss of subsistence use of natural resources; increased costs of public services; and, loss of government revenue.

Mark Zamora 256-702-5005

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From my friend Michael Maggiano's blog, which you can find here - http://www.atriallawyersjournal.com/

I have found that too often Jurors follow the attitude of my Dad who once said laughingly, "Do as I say, not as I do." I would like to share with you an interesting Jury Tip I received from Harry Plotkin, Jury Consultant of Claremont California.

Harry's points are relevant and real. One comment on Harry's use of the words "force them to think." I am sure he meant these words figuratively as you should not be forcing the jury to do anything in voir dire -- you have not earned that right. What I believe he means to impart is that by your voir dire questioning you invite the jurors to think of what people usually do and how they usually conduct themselves; what is the usual, what is that most people really do in day to day life, not an ideal, not a super or hyper vigilant person but the average everyday conduct of going about life. I hope you find this as interesting as I have.

 

For the rest of the blog post, check out Michael's new blog.

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The US Food and Drug Administration has ordered the makers of a drug used to treat nausea and vomiting to put the strongest warning possible on the product due to its damaging side-effects.

It was found that tissue damage can be caused as a result of using the medication, in the worst cases leading to amputation.

Go to the FDA site for more information: fda.gov.

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Having practiced law in Alabama for many years, I will tell you that when Jere Beasle writes, people read. Here's a post of his on the Stella Awards, and how many of the 'awards' are simply false: 

 

The annual Stella Awards list, a list of the years seven “most outlandish lawsuits and verdicts in the U.S.,” is nothing more than a fraud on the public. The so-called awards deal primarily with fiction, and many of the lawsuits listed never happened. The examples of what they describe as frivolous lawsuits are at best gross misstatements. The Stella Awards are just part and parcel of the carefully planned efforts designed to destroy the civil justice system. Once these awards are announced, they take on a life of their own. That’s because of the Internet. Unfortunately, the media never bothers to investigate the validity of the cases mentioned in the awards, and then write stories that keep the myths alive.

An example of how these myths orginate is this year’s runaway First Place Stella Award winner. Mrs. Merv Grazinski, of Oklahoma City, Oklahoma, who supposedly purchased a new 32-foot Winnebago motor home, was the winner. On her first trip home, from a football game, having driven on to the freeway, she set the cruise control at 70 mph and calmly left the driver’s seat to go to the back of the Winnebago to make herself a sandwich. Not surprisingly, the motor home left the freeway, crashed and overturned. Also not surprisingly, Mrs. Grazinski was supposed to have sued Winnebago for not putting in the owner’s manual that she couldn’t actually leave the driver’s seat while the cruise control was set. It was reported that an Oklahoma jury had awarded the woman $1,750,000 plus a new motor home. It was also said that Winnebago actually changed their manuals as a result of this suit, just in case Mrs. Grazinski has any relatives who might also buy a motor home. The e-mail that announced the award concludes: “Are we, as a society, getting more stupid?”

The truth is that this sort of nonsense relating to a Winnebago lawsuit never even happened. But, the media bought the story hook, line, and sinker, and never even bothered to check it out. Scores of articles – the vast majority buying the Winnebago story as gospel truth – resulted across the country. Apparently, few journalists bothered to do any research to determine whether they were true. Among outlets falling for the hoax were the New York Daily News, CNN and U.S. News & World Report. In fact, the story actually spread around the world. Readers in Canada, England, Australia, Ireland, New Zealand and even Vietnam heard about this fictitious lawsuit that never happened. To his credit, Los Angeles Times reporter Myron Levin, who wanted to learn more about the lawsuit, called Winnebago and found out there was no Grazinski lawsuit. He also learned that the company had not changed the owner’s manual to avoid a swarm of copycat claims as claimed by the Stella awards.

The next time an “Internet tale” makes you believe things are even worse than you thought, check it out. Especially when the story suggests that the American court system is stacked against wealthy Corporate America. If you want to check out the “Stella Awards” and decide for yourself whether they are on the level, a good place to go is www.snopes.com, an excellent site that investigates urban myths. Simply search for “Stella Awards” and find out if the lawsuit stories are true or false.

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The Stella Awards® were inspired by Stella Liebeck, the Plaintiff in the McDonald's coffee case. Some folks may know that The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused.

There are many debunked jury "award" reports linked to the claimed awards.

From their own site:

"Many stories are going around the 'net saying they are "The Stella Awards". Many of these stories are false, made-up, or (sometimes) true stories with false elements added to them.

The sad part: despite these stories having been debunked years ago, they not only still circulate, but many reporters, columnists and radio "personalities" still talk about them as if they were true, which says a lot about their professionalism. In many outrageous cases, these lazy "news" people will even link to this site as the source of these silly lies."


Claimed Cases -Status:

Kathleen Robertson of Austin, Texas, was awarded $780,000 by a jury after breaking her ankle tripping over a toddler who was running amuck inside a furniture store. The owners of the store were understandably surprised at the verdict, considering the misbehaving tyke was Ms. Robertson's son. Fabricated.

Carl Truman, 19, of Los Angeles won $74,000 and medical expenses when his neighbor ran his hand over with a Honda Accord. Mr. Truman apparently didn't notice someone was at the wheel of the car whose hubcap he was trying to steal. Fabricated.

Terrence Dickson of Bristol, Penn., was exiting a house he finished robbing by way of the garage. He was not able to get the garage door to go up because the automatic door opener was malfunctioning. He couldn't re-enter the house because the door connecting the house and garage locked when he pulled it shut. The family was on vacation, so Mr. Dickson found himself locked in the garage for eight days. He subsisted on a case of Pepsi he found, and a large bag of dry dog food. Dickson sued the homeowner's insurance claiming the situation caused him undue mental anguish. The jury agreed to the tune of half a million dollars and change.Fabricated.

Jerry Williams of Little Rock, Arkansas, was awarded $14,500 and medical expenses after being bitten on the buttocks by his next door neighbor's beagle. The beagle was on a chain in its owner's fenced-in yard, as was Mr. Williams. The award was less than sought after because the jury felt the dog may have been provoked by Mr. Williams who, at the time, was shooting it repeatedly with a pellet gun. Fabricated.

A Philadelphia restaurant was ordered to pay Amber Carson of Lancaster, Pennsylvania $113,500 after she slipped on a spilled soft drink and broke her coccyx. The beverage was on the floor because Ms. Carson threw it at her boyfriend 30 seconds earlier during an argument. Fabricated.

Kara Walton of Claymont, Delaware, successfully sued the owner of a nightclub in a neighboring city when she fell from the bathroom window to the floor and knocked out her two front teeth. This occurred while Ms. Walton was trying to sneak through the window in the ladies room to avoid paying the $3.50 cover charge. She was awarded $12,000 and dental expenses. Fabricated.

The "winner" every year: In November, Mr. Grazinski purchased a brand new 32 foot Winnebago motor home. On his first trip home, having joined the freeway, he set the cruise control at 70 mph and calmly left the drivers seat to go into the back and make himself a cup of coffee. Not surprisingly, the Winnie left the freeway, crashed and overturned. Mr. Grazinski sued Winnebago for not advising him in the handbook that he could not actually do this. He was awarded $1,750,000 plus a new Winnebago. Fabricated.

Don't be fooled into believing all that you read on the web.

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Trucking Seminar Information

October 24-26, 2008

Atlanta Marriott Downtown

 

Presented by:  The Association of Interstate Trucking Lawyers of America

in association with

The Georgia Trial Lawyers Association

 

 

ABOUT THE PROGRAM:

Two and a half action-packed days of intensive and hard hitting CLE instruction from some of the nations’ top experts and litigators in interstate trucking litigation.

 

Earn up to 20 hours of CLE credit in just one weekend. Speakers include nationally recognized interstate trucking plaintiff lawyers, experts and consultants including contributing authors to the American Bar Association’s best-selling book: Truck Accident Litigation, Second Edition.

 

Discounted rates of $139 available at the Atlanta Marriott Downtown until Oct 7. Call the hotel directly at 404-688-8600.

 

Register Here: http://www.apitlamerica.com/Public/Register.aspx

 

WORKSHOP AGENDA:

 

FRIDAY, October 24, 2008

7:00 – 8:00      Registration and breakfast

 

8:00 – 8:15     Welcome and Opening Comments from Dan Ramsdell, Esq.

  National Director

 

8:15 – 9:00     Morgan Adams, Esq., Chattanooga , Tennessee

                      Topic:  What the Defense Doesn’t Want You to Know

 

9:00 – 10:00   Ed Hershewe, Esq., Joplin , Missouri

                      Topic:  Discovery:  Unearthing the Heart of the Case

 

10:00 – 10:15  Break

 

10:15 – 10:45   David Nissenberg, Esq., San Diego , California

                       Topic:  Overcoming the Independent Contractor Defense

 

10:45 – 11:45  Steve Gursten, Esq., Southfield , Michigan

                      Topic:  Maximizing Personal Injury Damages in Trucking Cases

 

11:45 – 1:00   Lunch

 

1:00 – 1:30     Capt. John Harrison, Lavonia , Georgia

                      Topic: GDPS Compliance

 

1:30 – 2:30     Allan (Chip) Sloan, Esq., Charleston , South Carolina

Topic:  The Effective Use of Subpoenas to Obtain, Use, and Present Critical Documents in Every Interstate Trucking Case

 

2:30 – 2:45     Break

 

2:45 – 3:45     Joe Fried, Esq., Atlanta , Georgia

                      Topic:  Effectively Using the CDL Manual in Deposition and Trial

3:45 – 4:45     Frank Branson, Esq., Dallas , Texas

                      Topic:  Anatomy of a Truck Catastrophe

 

 

SATURDAY, October 25, 2008

7:00 – 8:00     Registration and breakfast

 

8:00 – 8:15     Welcome and introduction from Dan Ramsdell, Esq.

                      National Director

 

8:15 – 8:45      Joseph DiNardo, Esq., Counsel Financial, Williamsville , NY

                       Topic:  Financing of Litigation and Law Firms

 

8:45 – 9:15     Robert Johnson, Forensic Economist, Los Altos , California

            Topic:  Conservatively Presenting Full-Value Economic and Medical Damages

 

9:15 – 9:45     Michael Kaplen, Esq., Pleasantville , NY

                      Topic:  Traumatic Brain Injuries in Interstate Trucking Cases

 

9:45 – 10:15   Tom Doehrman, Esq., Indianapolis , Indiana

Topic:  Application of the Federal Motor Safety Regulations for Trucking Collisions

 

10:15 – 10:30  Break

 

10:30 – 11:00  Edward (Ted) Bassett, Jr., Esq., Westborough , Massachusetts

Topic:  Piercing the Corporate Veil and Enterprise Liability in Truck Litigation

 

11:00 – 11:30  Richard Traulsen, Esq., Phoenix , Arizona

Topic:  Accident Reconstruction in Trucking Cases From the Attorney's Perspective - Preservation to Cross Examination

 

11:30 – 12:00   Gregory M. Wright, Ruhl Forensic, Inc., Scottsdale , Arizona

                      Topic:  Foundation Brakes, ABS & Traction Control

 

12:00 – 1:15   Lunch

 

1:15 – 1:45      Hon. J. Dan Conklin, Springfield , Missouri

                      Topic:  The Road to AITLAmerica Board Certification

                     

1:45 – 2:15      Dan Munley, Esq., Scranton , Pennsylvania

Topic:  Using the Defendant’s Federal Motor Carrier Safety Regulation Violations to Increase the Probability of Victory in the Interstate Trucking Case

 

2:15 – 2:45     Richard Ziernicki, Ph.D., P.E., Centennial, Colorado

            Topic:  Use of State of the Art Technology in Investigating Trucking Accidents

 

2:45 – 3:00     Break

 

3:00 – 3:30     Don Asa, D & A Consultants, Inc., Scottsdale , Arizona

Topic:  Out of Service Vehicles and Commonly Found Mechanical Defects That Should Show Up During the Standard Driver’s Pre-Trip Inspection

 

3:30 – 4:30      Ken Shigley, Esq., Atlanta , Georgia

                      Topic:  Motor Carrier Liability Insurance

 

4:30 – 4:45     Mike Casey, Ringler Associates, Chicago , Illinois

                       Topic:  Protecting Your Client

 

4:45 – 5:00     Will Shapiro, The James Street Group

Topic:  New Mandatory Insurance Reporting Requirements & What They Mean to Your Practice

 

SUNDAY, October 26, 2008

8:00 – 8:15      Welcome and introduction from Dan Ramsdell, Esq.

                      National Director

 

8:15 – 9:15      John Romano, Esq., West Palm Beach , Florida

Topic:  Maximizing Results for Your Client in Trucking Cases Through Early (Pre-Litigation) Steps and Strategies.  AKA:  A Baker’s Dozen of Tactics, Methods and Strategies

 

9:15 –10:15      Michael Goldberg, Esq., Atlanta , Georgia

            Topic:  Drugs, Alcohol, & Trucks:  Understanding the Law and the Rules of Evidence

 

10:15 – 10:45   Richard Hendrix, Esq., Atlanta , Georgia

            Topic:  Statutory Employer Rule for Motor Carriers

 

10:45 – 11:45    Dan Ramsdell, Esq., Springfield , Missouri

Topic:  The Hazardous Materials (HazMat) Interstate Trucking Case

 

11:45 – 1:00     CASE WORKSHOP

 

 

 

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Segeorgialaw.com I noted earlier had its debut this week.

From that site:

 

The lawyers will work for folks who live in Southeast Georgia – Brunswick,  Nahunta, Waycross, Homerville, Kingsland,  St. Mary’s, and our counties – Camden, Glynn, Charlton, Brantley. People in those areas don’t have to pick up the phone and talk with a North Florida-based lawyer to get justice.

 

The Docket: I've filed three cases in Glynn County involving auto accidents this month. Our office is located at 1728 Newcastle Street in Brunswick, and we're there this Friday.

 

 

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My firm has opened an office in Brunswick, Georgia handling automobile accidents, pharmacy litigation, and other injury cases.

I've been litigating in Southeast Georgia for some time now, and given how much time I spend there, it was an easy decision. 

My office helps those in Glynn County, Brantley, Camden, and others. Cities like Brunswick, Woodbine, St. Mary's, Waycross, Nahunta are within our lawyer assistance area. 

Here are a few tips on how to handle a claim yourself:

 

Here are some tips that could help maximize your auto insurance claim without litigation.  If you disagree with your insurance company you can use these tips on disputed insurance claims to maximize them.

 

You can reach Mark Zamora:  segeorgialaw@yahoo.com

1. Most of the time your agent may not be able to solve your problem if there is a dispute.  It is best to deal directly with the insuring company.  Get the name and phone number of your insurance companies Claims Department. It's usually an 800 number. Ask for their Consumer Complaint Department or Customer Services.  Most insurance companies have consumer cell who would be more forthcoming in helping you as it is a matter of goodwill and brand building for all good companies.  Talk to them and explain the problem in detail.  Get the specific name of the person with whom you spoke. Make a note of the person you talked with and hold onto that until you've finished with your dispute.  

2. You may follow up your talk with your case by sending a letter or email to the individual whom you spoke with which contains all the documents you have to back up your position.

3. All insurance companies have either an "Appraisal Service" or "Arbitration Service" to help settle differences and/or disputes. Your policy should explain these options.  If you can't find either of these ask your agent to find them for you!

4. If you've followed their rules for resolving your dispute, and you're still not satisfied, your own state's insurance department should be able to help you.  Most countries have an Insurance ombudsman to monitor such grievances.

 

Or, call us at 877-474-6454

 

 

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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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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.

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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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