News Update: Filing an Actos Lawsuit Today

Posted by on Apr 30, 2013 in Injury | 4 comments

Recently, the Food and Drug Administration (FDA) issued a warning to the public about the link between the drug Actos and bladder cancer, spurring a flood of product liability lawsuits against its manufacturer, Takeda Pharmaceuticals, and US distributor Eli Lilly. To date, 3,000 cases have been filed, and the first hearings on these cases began in March 22, 2012.

What is Actos?

Pioglitazone, marketed in the US as Actos, is a medication for Type 2 diabetes to control blood sugar. It replaced Avandia as the most prescribed diabetes medication when Avandia was linked to congestive heart failure.  Unfortunately, further research demonstrated that Actos has the undesirable effect of increasing the risk for developing bladder cancer. The studies that would definitively prove the connection between the drug and these health risks are yet to be concluded, which is why Actos still has US Food and Drug Administration approval. It is still available as a prescribed drug in the US. However, it has been pulled out of the French and German markets.

Those who have used Actos and have developed bladder cancer, or close relatives of those who have used Actos and died of bladder cancer, comprise the majority of the 3,000 plaintiffs against Takeda and Eli Lilly. In August 2011, Takeda upgraded its labeling to include a warning regarding the increased risk of developing bladder cancer.

Can an Actos lawsuit still be filed today?

The new Actos label discourages the use of the drug for more than one year, perhaps to limit Takeda’s liability. However, bladder cancer develops some time after the use of the drug, so if you took Actos prior to the change in the labeling, and have since developed bladder cancer, you may still be eligible to sue for compensation for related medical bills and the concomitant pain and suffering. A lawyer specializing in this type of litigation would be the best person to advise on whether an Actos lawsuit is warranted for a particular case.

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Understanding Product Liability

Posted by on Apr 15, 2013 in Injury | 2 comments

When a person buys a product, they should be able to expect that it will be safe to use it reasonably, as intended, or as advertised. This is why they gave their hard-earned dollars to its manufacturer. This is because manufacturers are responsible for the safety of their products as well as the accuracy of their advertising campaigns.

Unfortunately, sometimes manufacturers fail to exercise the proper amount of oversight and produce products that are dangerous, have some sort of defect, or malfunction. When this happens, customers can fall victim to serious injuries through no fault of their own.

product liabilityProducts that are defective or do not work as they should are dangerous, and their manufacturers can be held liable for the injuries they cause. Some examples of product liability include:

  • Mispackaged or contaminated food
  • Automobiles with defective brakes or airbags
  • Toys that present a choking hazard
  • Products that cannot be safely used as advertised

Defective products are often recalled quickly, but it is difficult for manufacturers to perform recalls before someone suffers an injury. Consumers should keep an eye on recall lists to make sure the items they purchase are safe to use.

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Radio Reports: Grapefruits May Warrant Legal Action

Posted by on Apr 2, 2013 in Injury, Medical Malpractice | 2 comments

Doctors are often regarded as unquestioned experts when it comes to our health; we trust that they know what they are doing, and that they are abreast with the latest developments in their field. Since this is the norm, medical malpractice can be construed when a doctor fails to warn their patients about the food and drink they should avoid when they are on medication.

Common Precautions Prior to Prescription

It is common knowledge that prescription drugs taken in conjunction with substances like alcoholic beverages are usually a no-no. Doctors are also careful to take a patient’s medical history before prescribing medication to find out if anything they are already taking or an existing medical condition (i.e. pregnancy, allergies) contraindicates a particular drug. Throughout all of this screening, it is unlikely that a doctor will ever ask if the patient eats grapefruit, but they should.

Drug Interaction With Grapefruit

Recent studies have revealed that grapefruits and certain citrus fruits have a peculiar effect on some prescriptive drugs that can lead to serious medical complications in a patient. This is due to chemicals present in grapefruits – called furanocoumins – that inhibit the breakdown of roughly half the prescription drugs in the market today. This means that the body “stores” the drugs until such time as the inhibiting chemicals have passed through the system. When the small intestines finally do break down the prescription drug, the doses may already be at dangerously high levels.

Some of the more serious side effects of this grapefruit-drug interaction include:

  • acute kidney failure
  • death
  • intestinal bleeding
  • muscle damage
  • respiratory failure
  • weakened immune system

Medical Malpractice?

If a doctor fails to warn a patient taking oxycodone, for example, not to eat grapefruit or drink grapfruit juice and the patient suffers serious side effects, then it is possible that a team of experienced New Hampshire Medical Malpractice Attorneys may be able to make a successful medical malpractice claim. Doctors should always be updated on current medical research. It will depend largely on whether the patient can prove negligence in this instance. If you or someone you know has suffered injury because the attending physician’s failure to warn about the dangers of grapefruit, consult with an experienced medical malpractice lawyer.

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Victims of Car Accidents

Posted by on Mar 30, 2013 in Driving Accidents, Injury | 2 comments

Based on the records of National Highway Traffic Safety Administration or NHTSA, 2 million people are injured in car accidents every year, with 30, 000 people dying as a result of these crashes. The sad thing is that these accidents can be prevented.

Financial compensation is one way to help victims of car accidents, and this is where the needs for car accident lawyers come in. When people get involved in car accidents due to the negligence or recklessness of another driver, the guilty party can be held accountable and is liable for compensation. They can be charged with reckless driving, resulting in physical injury and even damages to property. People who have been in a car accident should not be afraid of pursuing compensation from the person who caused the accident because it is also their responsibility to prevent such irresponsible drivers from engaging in similarly reckless behavior in the future.

Preventing car accidents can be tricky. Even if you are a defensive driver with no records of crashes or collisions, you can still be involved in a car accident. Regularly Click Hereperforming routine maintenance to keep your car in good shape is one way to prevent accidents from occurring. Simply checking your side and rear view mirrors can also help to prevent fatal accidents. Road rage can also be a factor for car accidents, so being level-headed can help to prevent car accidents.

Suffering injuries in a car crash could put you and your loved ones in a desperate situation, and nobody deserves that, especially when the cause of the accident is the other person’s carelessness. When such an event happens, protect your rights through car accident lawyers who can help assist you in getting the necessary compensation for all the damages you and your loved ones have gone through.

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Fault in a Slip and Fall Accident

Posted by on Mar 25, 2013 in Injury | 1 comment

People slip and fall all the time, and in many cases the injured person is partly at fault. In consequence, slip-and-fall claims usually result in smaller awards than other personal injury claims. Unless you can prove negligence on the part of the property owner, personal injury attorneys may advise you against filing a claim at all.

When negligence can be proven

If you suffer injuries from a slip and fall accident in an area that the property owner has neglected, you may have a valid premises liability claim. A property owner is obliged to take reasonable measures to ensure the safety of people who have a legitimate reason for being on the property. The following are a few examples of what constitutes “reasonable measures”:

  1. Cleaning or mopping up of any spills or wet patches on the floor
  2. Repairing damaged flooring, uneven carpeting or loose tiling
  3. Removing any obstacles that is no longer being used (i.e. ladders) or have no legitimate reason for being placed in the area
  4. Providing warning signs and/or barriers for worn, torn or damaged flooring that have yet to be repaired
  5. Ensuring adequate lighting in all public areas

What if you’re also at fault?

Even when the property owner’s negligence can be proven, you must also consider to what extent you can be blamed for the accident. This has significance not only in making a claim, but the extent to which the owner is liable for paying compensation. Some of the considerations for your own culpability include:

  • Did you have a valid reason to be in the area at that particular time?
  • Was the danger clearly visible?
  • Did you take reasonable care in preventing the accident?
  • Were you distracted (i.e. talking on the phone) when you suffered the accident, and failed to watch where you were going?

If you are partially at fault for the accident, you may still be eligible for some compensation. Many state courts apply a “comparative negligence” rule when it comes to slip-and-fall accidents. If the property owner is negligent, but you are also found partially responsible, the judge will award you damages less the part for which you are found at fault. For example, if you are awarded $1,000 but were found to be 50% at fault for the accident, you will only receive $500.

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