LawSquawker • Thomas & Wan's Blawg

A new report released today by the American Association for Justice (AAJ) illustrates how the civil justice system is the most effective force in uncovering abuses by corporate nursing homes and insurance companies that target elderly Americans. There are 1.5 million elderly Americans currently residing in nursing homes – facilities that are now operated by mostly large corporate chains banking on the upcoming influx of baby boomers. Many of these vulnerable residents have suffered abuse by staff members and even died from dehydration or infection caused by inadequate care. The report explains how litigation has revealed this neglect and abuse and allowed residents and their families to hold offending corporations accountable. “Corporate nursing homes and insurance companies have continually chosen to put profits ahead of the well-being of our most vulnerable population,” said AAJ President Gibson Vance. “Where regulatory and legislative bodies have been unable to cope wit...

As if you didn't have enough to worry about as a new parent: Four deaths have been blamed on the older model versions of the Quattro Tour and MetroLite strollers made by Graco Children’s Products Inc. of Atlanta. For this reason, the company is now recalling about two million of those models. The four infant deaths referenced occurred between 2003 and 2005. In addition to those four deaths, six other infants suffered either cuts, bruises, entrapment or breathing difficulties after being placed in those strollers. The potentially dangerous Quattro Tour strollers were made before November 2006 and the MetroLite strollers were manufactured prior to July 2007. The full Consumer Product Safety Commission detail on the recall is here . Call us at 713-529-1177 if your child or someone you know has been hurt by these products, and we can provide you with your legal options.

Today, the obesity drug Meridia has been withdrawn from the U.S. market because of an increased risk of heart attack and stroke. Pharmaceutical giant Abbott Laboratories voluntarily agreed to pull the drug after a U.S. Food and Drug Administration review of data that showed a 16 percent increased risk for heart attack, stroke and death among people taking Meridia (sibutramine), compared with those taking a placebo. Currently, about 100,000 people in the United States take Meridia, Dr. Gerald Dal Pan, director of FDA's Office of Surveillance and Epidemiology, noted at the news briefing. The FDA approved Meridia in November 1997 for weight loss and maintenance of weight loss in obese people, and in overweight people with other risks for heart disease. In a recent editorial, the New England Journal of Medicine called Meridia “another flawed diet pill.” They note that in return for offering a weight loss of under 9 pounds — less than 5% of the body weight of the overweight pa...

DePuy Othopedics Inc has announced the recall of their ASR Hip Resurfacing and Replacement Systems due to an abnormally high rate of failure associated with the devices. In total about 93,000 DePuy hip resurfacing and replacement devices are covered under the recall. The recalled components include the DePuy ASR XL Acetabular System and DePuy ASR Hip Resurfacing System. The resurfacing system was not approved for use in the U.S. and therefore should not be of concern to most Americans; however, thousands of Americans have had the DePuy XL Acetabular Hip Replacement System implanted. The data shows that five years after implantation, about 12% of patients who had received the ASR resurfacing device and 13% of patients who had received the ASR total hip replacement needed to have a revision surgery. We are providing free consultations and claim evaluations for individuals who received the DePuy ASR XL Acetabular System or DePuy ASR Hip Resurfacing System who have experi...

It is so frustrating to us that misrepresentations continue to be made by insurance companies in order to create fear in people. Nowhere is this more apparent than in the "tort reform" of medical malpractice cases. A new study by the Harvard School of Public Health in the journal Health Affairs shows that medical malpractices costs are only 2% of health care spending in the United States. Although the full text of the study is not free online, you can read the abstract here . Costs related to medical negligence litigation accounted for only 2.4 percent of total health care spending in 2008, far less than some tort “reform” advocates have been asserting, according to a new report. “This study, along with the vast majority of academic data, shows that limiting the rights of injured patients will do practically nothing to lower health care costs,” said American Association for Justice spokesman Ray DeLorenzi. Instead, our focus should be on preventing the 98,000 deat...

Zicam-maker Matrixx Initiatives agreed to settle certain Zicam class actions related to false advertising and warnings. Zicam has agreed to add warning labels to their products should the FDA allow the return of zinc-containing Zicam products to the market. We are pleased that Matrixx has taken this first step to resolving this litigation and continue to work hard to resolved the personal injury lawsuits.

A jury returned an $8 million dollar verdict against Merck this week for its drug Fosamax which causes osteonecrosis of the jaw (ONJ). Basically, it is a rotting of the jawbone that is irreversible. Along with last year's $3 million dollar verdict for the IV form of the drug Aredia/Zometa, this verdict gives our Fosamax and Aredia/Zometa clients hope that justice will come for them too. Not surprisingly, Merck claims it is seeking to overturn the verdict which it calls "excessive." I don't know, but it seems that an incurable rotting jaw from taking a dangerous drug is worth at least $8 million dollars.

As most of our Zicam clients know, the MDL is moving along with the first phase of written discovery through the completion of fact sheets. In November of 2009, the Judicial Panel for Multi-District Litigation assigned all of the Zicam cases to Judge Frederick Martone in Phoenix, who will oversee pre-trial proceedings, discovery and the bellwether trial process for all of the lawsuits pending in the federal court system. In the coming months, in addition to the production of fact sheets, we will be going through expert designations, establishing procedures for generic depositions, establishing procedures for document production relating to liability and scientific issues, and most likely a hearing to determine the scientific aspects of the case. It is expected that the first trials in the MDL will take place in 2011.

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Trial is so much more fun when you bring your dogs. They have really enjoyed the Ramada Inn--they got walked 5 times a day and got to watch Animal Planet. Anyway, closing arguments postponed until Wednesday...here is some news from the Las Cruces Sun-Times regarding the trial. I can't comment on anything until trial is over: Last day of testimony Day 3 of Testimony Day 2 of Testimony Day 1 of Testimony

Happy Belated New Year! It's been extremely busy for us, so unfortuantely it means I am behind on blogging. We have been getting a lot of calls from former clients who take and/or used to take Reglan for GERD or acid reflux. Unfortunately, the FDA has previously issued a black box warning for this drug because it can cause a disease called Tardive Dyskinesia. Tardive Dyskinesia is characterized by repetitive, involuntary, purposeless movements such as grimacing, tongue protrusion, lip smacking, puckering and pursing, and rapid eye blinking. Rapid movements of the arms, legs, and trunk may also occur. Impaired movements of the fingers may appear as though the patient is playing an invisible guitar or piano. If you or family member has taken reglan or one of its generic alternatives and suffers from Tardive Dyskinesia contact us at 713-529-1177 for a free consultation.

Well, it's finally here...the first trial against the chemical companies supplying the former Hayes Sammons Pesticide Plant has begun. The Monitor has a full story . There is a gag order in place so I can't comment on the trial at this time.

Yes, it's been a while since posting, but that's a good thing--we've been swamped. We're about to start the big pesticide trial, but I'm taking a breather for an hour to pass along this safety information: Something that caught my attention yesterday though about the dangers of using your cell phone and driving. It's frightening and a wake-up call to all of us. I know I've been guilty of doing this, but now I'm trying to be better. It's a long story but worth the read . Kudos to Exxon (a company that I usually don't kudo) for doing something about it: In 2004, Exxon Mobil started asking the same question after it became concerned about the safety of its 90,000 workers and 100,000 contract workers, who drove up to 1.5 million miles each day, said Michael Henderek, the company’s safety executive at the time. The company wanted to know what a ban would do to the bottom line. “Exxon Mobil is a corporation in which 50 percent of employees are en...

Our firm filed a new Zicam lawsuit today with 117 plaintiffs against Matrixx Initiatives for their permanent loss of smell from using Zicam Cold Remedy. The Arizona Republic has a story here and the WSJ MarketWatch has a story here .

The Houston Chronicle interviewed one of our Zicam clients here . The story highlights the safety issues and dangers of losing your sense of smell permanently. We represent many others like Mr. Ehler who need their sense of smell at the workplace such as chefs, firefighters, nurses, and refinery workers.

We were interviewed last night on Fox News Houston regarding yesterday's announcement of Zicam's dangers and permanent loss of smell. Here is the full story .

The U.S. FDA has just come out with an advisory warning people not to use Zicam products containing zinc as they are linked to permanent loss of smell. Read the full advisory here . We represent over 100 people who have permanent loss of smell and taste from using Zicam. This advisory confirms what our clients and Thomas & Wan have always known--these are dangerous products that must be taken off the market. Even to this day, Matrixx refuses to put a warning on the products that they can cause permanent loss of smell and taste. We are currently in litigation in Arizona state court over several of these cases.

Well, this is a first. I got pulled over yesterday for making an illegal turn right in front of the courthouse. Always a great way to start trial. Anyway, my DL and insurance were in the back of the truck with our trial boxes. So, I go back there, and the officer gives me a strange look and says, "I'm going to let you go this time...it looks like you got bird poop all over the back of your suit." Pepito saves the day! Now I know why I love animals so much. They are always looking out for us dumb humans.

We spend a lot of time in McAllen and looking at medical records from McAllen healthcare providers. It is always interesting to see that injuries, quite frequently occur not from the primary illness but from a test or procedure gone awry. This eye-opening article from the New Yorker may explain this phenomenon.