Big Pharma had a major victory on June 8th, when the Texas Supreme Court handed down its ruling in Centocor, Inc. v. Hamilton. The Court held that "When a drug manufacturer properly warns a prescribing physician of the dangerous propensities of its product, the manufacturer is excused from warning each patient who receives the drug. The doctor stands as a learned intermediary between the manufacturer and the ultimate consumer." Further, "A prescription drug manufacturer fulfills its duty to warn end users of its product’s risks by providing adequate warnings to the intermediaries who … [Read more...]
Injured by a Doctor? You’ll likely deal with the secretive Medical Board instead of open court
Fox 4 in Dallas did a great story on the Texas Medical Board and their contribution to physician discipline since tort reform in 2003. According to the report serious disciplinary actions are down and the time taken to conduct investigations has risen. Further, Doctor confidentiality and secrecy is maintained until a final disciplinary action is completed, leaving patients unaware of allegations of malpractice by doctors. Check the Fox 4 page for a video. Some of the images are graphic and the stories are truly tragic. Its a shame our state has fallen so far in protecting patient … [Read more...]
The Risks of Using Generic Drugs
by Sarah Hoffman, SpringerLyle ••• In June of 2011, the United States Supreme Court decided an important issue regarding the warning labels on prescription drugs in Pliva, Inc. et al v. Mensing. Mensing was a prescription drug failure-to-warn-case. It dealt with prescription drug companies’ failure to put accurate warnings on their drug labels, leading to patients taking dangerous drugs that they otherwise would not have taken. In Mensing, the Court held that name-brand manufacturers of prescription drugs have an obligation, both under the federal regulations and under state common … [Read more...]
Tragedy Brought on by Tainted Fruit
By Moni Basu, CNN William Beach was one of those people who fixated on certain foods. He would eat the same thing voraciously for a few days, and then, when he tired of the same tastes, he moved onto something else. In August, when summer’s heat seemed unending in Mustang, Okla., Beach took to savoring fried chicken -- and soft, sweet cantaloupe. Beach was elderly -- 87 -- but after eating the fruit, his health declined rather suddenly and before anyone in his family knew what was wrong, he was dead. He is among 15 people who died from Listeria monocytogenes in what the Centers for Disease … [Read more...]
Honda Worldwide Recall of Sedans, Minivans, SUVs
By Deepa Seetharaman and Bernie Woodall of Reuters. Honda Motor Co Ltd plans to recall nearly 2 1/2 million vehicles: small SUVs, cars and minivans worldwide. This includes the popular Accord sedan. Problems relate to software issues that could damage the automatic transmission. The recall includes 1.5 million vehicles in the United States, about 760,000 in China and 135,142 in Canada, the automaker said on Friday. This week, Consumer Reports said it was not recommending the 2012 Honda Civic. This led some industry analysts to ask if that was a symptom of larger problems at the … [Read more...]
Voluntary Recall Of Slimming Capsules
from the U.S. Food and Drug Administration website**: Intercharm Inc. Issues A Nationwide Voluntary Recall Of Slim Forte Slimming Capsules Lot 20100604 And Lot 20100928, Slim Forte Slimming Coffee Lot 20100903, And Meizitang Botanical Slimming Softgel Exp. 12.23.2011 Weight Loss Capsules Found To Contain Sibutramine Contact: Intercharm Inc. 323-876-7441 FOR IMMEDIATE RELEASE - July 25, 2011 - Intercharm Inc., is recalling Slimforte Slimming Capsules, Slimforte Slimming Coffee, and Botanical Slimming Soft Gel to the consumer/user level. FDA laboratory analyses found the products to contain … [Read more...]
What’s Fair Is Fair: Rise in FDCPA Cases Offers Opportunities for Lawyers
From The Texas Lawyer, July 18, 2011 With the economic downturn, the number of consumer credit-related suits filed in U.S. District Courts in Texas has steadily increased over the past five years. In 2005, 81 such cases were filed in Texas, according to PACER, the federal courts' online filing system. But in 2010, that number rose to 390. The trend is on track to continue this year. From Jan. 1 to June 30, 2011, the number of consumer credit-related cases filed in Texas' U.S. District Courts totaled 263, compared to 190 for the same period in 2010, PACER shows. The numbers include consumer … [Read more...]
Chrysler Recalls Three Models of Ram trucks
News Source: The Kansas City Star - July 13, 2011 Chrysler Motor Corporation announces a recall nearly 250,000 Ram pickups because of a faulty part in the steering system which can cause loss of control. This recall affects Chrysler’s top-selling vehicle and covers about 243,000 Ram 1500, 2500 and 3500 pickups ranging from year models 2008 through 2011. The National Highway Traffic Safety Administration reports that a part near the left front wheel can fracture and risk potential crash of the vehicle. … [Read more...]
Child Booster Seat Recall
Product • Circo Child Booster Seats, sold nationwide at Target stores from January 2005 through June 2009. Price was roughly $13. News source: The Salt Lake Tribune - Jul 13 2011 Booster seats recalled by the Consumer Product Safety Commission. Please consider, discontinuing use of this product immediately and return to the store where purchased for a refund. For more information about the products, call the manufacturer or Consumer Product Safety Commission’s toll-free hotline, 800-638-2772. Problem Detail: The booster’s seat restraint buckle can open unexpectedly, allowing a … [Read more...]
Toyota Plans Recall of Hybrid SUVs
Toyota Hybrid SUVs May Suddenly Lose Power or Stop Completely by By Jonathan Welsh of The Wall Street Journal - June 29, 2011 2011 Toyota Highlander Toyota Motor Corp. said today it will recall about 82,200 hybrid sport-utility vehicles to correct an electronic problem that could cause the vehicles to lose power or stop running completely. The car maker said the recall includes about 45,500 Highlander Hybrid and 36,700 Lexus RX 400h models from the 2006 and 2007 model years and sold in the U.S. The company said no other Toyota or Lexus vehicles are involved in the recall. Toyota … [Read more...]