Pharmaceuticals

Pfizer today announced that it is recalling two kinds of oral contraception because some of the packages had the pills in the wrong order. Obviously, while attempting to avoid unwanted pregnancy it is absolutely imperative that the person take the proper dose at the right time. Because the packages were filled with the wrong dose at the incorrect time, the…

Financial giant, UBS is weighing the potential costs of GlaxoSmithKline Avandia drug in light of the growing concern of its dangers. Over 13,000 lawsuits have already been filed concerning the diabetes drug and Glaxo’s expected liability ranges from $1-$6 billion dollars. Avandia has had a long and sordid history yet despite well supported claims that the drug greatly increases the risk for heart…

Allergan Inc., the makers of Botox, and it’s sister product, Botox Cosmetic, are bringing a lawsuit against the United States, the FDA and it’s commissioner, Margaret Hamburg, as well as the Kathleen Sebelius, secretary of Health & Human Services.  The suit alleges that the country’s current stance concerning off-label use of drugs is unconstitutional. A doctor can legally prescribe a…

That’s right – 2.3 BIllion. The settlement brings an end to numerous civil and criminal filings against Pfizer and subsidiary, Upjohn, regarding the painkiller Bextra which was pulled from the market in 2005, as well as a few other drugs.  As part of the settlement, the corporation will plead guilty to misbranding Bextra with the intent to defraud. The Dept.…

There is a shocking story in the New York Times that shows in equal measures how far drug companies will go to push their agenda, and how necessary the plaintiff bar is to prevent such abuses. I have helped represent a woman who was diagnosed with breast cancer after being prescribed Premarin for decades, so this story was very relevant to me.  Drug…

That is the question that a Boston Federal Court will decide as the trial is set to begin. Superstar plaintiff attorney Mark Lanier is bringing the suit alleging that the Pfizer anti-epilepsy drug increases a patient’s risk of suicide. This case, the first of some 1200 prepared to go to suit in the coming years is predicted to mirror the…

The learned intermediary rule, which roughly holds that a manufacturer (typically pharmaceuticals) satisfies their duty of care by providing a “learned intermediary” (usually a doctor) with all necessary information including risk of harm, because the learned intermediary will interact with the consumer and relay the risks. The Rule has been challenged in a number of states with a wide ranging…