Merck is no stranger to litigation involving claims of fraud. We have represented hundreds of clients for Merck products (Vioxx, Fosamax, and NuvaRing) who have claimed fraud against the drug manufacturer as part of their personal injury claims. In December, 2011, Merck has ended up paying for a different type of fraud--that against the Massachusetts Medicaid Department. The State Attorney General prosecuted Merck for the actions of a former subsidiary in overcharging Medicaid for a life-saving asthma medication used by the state's poorest citizens.
]]>Typically the 28 day packages contain 21 active birth control pills and 7 placebo pills. Some of the packages were found to have more than 7 placebo pills while others were found to have less than 7 placebo pills. In total 28 lots of the birth control were recalled totalling over 1 million packages.
Too many placebo pills could mean women will develop unintended pregnancies. Patients with affected lots have been advised to use other, non-hormonal, contraceptives until they can take their normal birth control as usual.
To find out if you have one of the affected lots click here.
Our firm is deeply involved in two active birth control litigations, Yaz/Beyaz/Yasmin/Ocella and NuvaRing. Currently the Yaz litigation in both the Multidistrict Litigation and the New Jersey state consolidated litigation are on hold pending possible settlement negotiations.
]]>With the recent Risperdal court decision in December, 2011, we see the same corporate behavior: a judge has upheld a $327 million civil penalty against Johnson & Johnson for blatantly overstating the safety and effectiveness its antipsychotic drug. There have been similar whistleblower suits in other states for kickbacks, over-promotion and illegal marketing. Much of the damaging evidence was in emails, and we expect the same to occur in the DePuy ASR and Pinnacle litigations. The over-promotion of dangerous psychotic drugs is particularly harmful to the elderly, where drug companies convince nursing homes to use these drugs for much more minor ailments. Also, every taxpayer is hurt as Medicaid and Medicare is getting swindled for inappropriate medication.
]]>The jury found that the defendants had not failed to adequately warn the plaintiff's doctor of the risks of tendon ruptures. The plaintiff's doctor, Dr. Katayoun Baniriah, testified that she had never read the warnings in the levaquin label about Achilles tendon ruptures.
So far there have been four bellwether trials in the levaquin litigation between both the federal multi district litigation and the state consolidated litigation in New Jersey. There have been three defense veridicts and one plaintiff verdict.
]]>There failed products don't just come from the drug world. They have offered a settlement nearing one billion dollars for crops tainted by a genetically modified strain. Litigation was in Arkansas, Louisiana, Mississippi, Missouri and Texas. The genetically modified variety cross-bred with and "contaminated" rice lands. Juries awarded farmers about $54 million in total compensatory and punitive damages before Bayer finally agreed to a global settlement
]]>The company caused false claims to be submitted to Medicare and Medicaid by using two post-market studies and two device registries as vehicles to pay participating physicians illegal kickbacks to induce them to implant its pacemakers and defibrillators, the Justice Department said in the statement.
]]> Medtronic is certainly not new to this came as they voluntarily settled a similar claim for $40 million for False Claims Act violations that occurred from 1998 to 2003. Medtronic is no stranger to our practice as our partners were involved in steering committees which hammered out almost $400 million in settlement money for two Medtronic products: $268 Million Medtronic Sprint Fidelis Settlement, $118 Million Medtronic Defibrillator Settlement]]>The irony with Skakun's death is that he escaped death many times in his life, starting with the 1941 massacre and utter destruction of his Jewish hometown in Poland. Surving through World Ward II forced him to assume many fake identities, including at one point pretending to be a Nazi.
]]> In a further irony, Maimonides treats more Holocaust survivors than any hospital in the nation. Skakun's life is told in "On Burning Ground: A Son's Memoir."]]>Recall exams, tests that are compiled by residents who have recently taken a board certification test and remember the questions, are being used as study tools by future test takers. Students who have taken the test must sign a statement agreeing not to discuss the test with anyone or reveal any of the information to future test takers, but the problem is so widespread that the ABR has issued a strongly worded video warning people about using the recall exams.
Dr. Gary Becker, executive director of the ABR, when asked if the use of recall exams was considered cheating said, "We would call it cheating, and our exam security policy would call it cheating, yes."
]]> According to CNN about half of the exam questions are the same from test to test so using the recall exams as a study guide can be effective. Residents have reported that they are being encouraged by their advisors to use the recall exams despite it being labeled as cheating by the ABR. ]]>A significant number of drug-related deaths were linked to prescription pain killers. This is not only drug abusers; many innocent elderly people can overdose on medication due to reduced mental capacities. We have many elderly clients due to Fosamax, Boniva, Actonel, and DePuy ASR metal-on-metal hip implant injuries. Our contacts are often with their dedicated adult children who often relate to us the vigilance it takes to care of an older parent who has suffered from a drug injury, especially monitoring dosage of medication.
]]>A properly functioning helmet is extremely important in case of a bicycle accident, or worse a bicycle failure. We currently have cases against two bicycle companies as a result of bicycle accidents caused by a failure of the bicycle. These cases are against Cervelo Cycles and Litespeed due to various manufacturing and design defects. Please contact us if you have a potential bicycle case.
]]>Federal Judge George B. Daniels of United States District Court in Manhattan has demanded that the Bloomberg administration to provide a detailed report to bring the city's taxi fleet in compliance with The American with Disabilities Act. Part of the interim ruling will halt sales of taxi medallions until an accessibility plan is proposed. This is clearly a victory for the many disabled people who find it difficult to find a taxis with accommodations. Our firm is very familiar with the injuries and disabilities that our clients have, and we commend the court for shaping a reasonable resolution to taxi accessibility.
]]>A significant number of drug-related deaths were linked to prescription pain killers. This is not only drug abusers; many innocent elderly people can overdose on medication due to reduced mental capacities. We have many elderly clients due to Fosamax, Boniva, Actonel, and DePuy ASR metal-on-metal hip implant injuries. Our contacts are often with their dedicated adult children who often relate to us the vigilance it takes to care of an older parent who has suffered from a drug injury, especially monitoring dosage of medication.
]]>The rise of the smartphones and other high-tech devices has certainly brought its share of advancements and positive impacts to the medical profession. These devices make it easier for healthcare professionals to access important information on things such as current drug information and data from case studies at a moment's notice. This information has proven to save time and enhance the productivity of those in the medical field.
]]> However, despite all the advancements, there are also dangerous consequences that come along with the advanced technology. Being able to gain access to relevant information so quickly can also lead to being able to access to other information at the same time. Those professionals also have access to social media sites such as Facebook. Some doctors have even been found calling or texting while on duty or even in surgery. The consequences to the patients can be extremely devastating. A recent survey found that 55 percent of the 439 medical technicians included had admitted to talking on cell phones during heart surgery.Being distracted can have consequences for any procedure that a medical professional performs, from those as simple as taking blood, to those as complex as open heart surgery. In either event, the utmost degree of care should be afforded to patients. The nation has very strict rules on driving while distracted for a reason.
Source: NewsInferno, "Devices A Dangerous Distraction For Healthcare Professionals," Cynthia, 12/15/11.
]]>