On October, 21, 2009, Bernstein Liebhard LLP and former partner Eric Chaffin, now of Chaffin Luhana LLP, filed a Master Complaint in the Philadelphia, Pennsylvania In re Denture Adhesive Cream Mass Tort Program, June Term, 2009, No. 4534.  The cases are assigned to Judge Sandra Moss in the Philadelphia Court of Common Pleas. 

The Master Complaint is the latest step to protect consumers and follows a new journal article in NeuroToxicology and a new warning label related to zinc for Super Poligrip

The NeuroToxicology article titled “Myelopolyneuropathy and pancytopenia due to copper deficiency and high zinc levels of unknown origin II.  The denture cream is a primary source of excessive zinc” (hereinafter “NeuroToxicology Article”).  The authors of the NeuroToxicology Article, who are researchers in the field of zinc poisoning and copper deficiency, studied 11 patients who had developed significant injuries, including zinc poisoning, copper deficiency and neurological disorders for a period of years. 

The Master Complaint alleges that each of the patients in the study suffered significant neurological and/or hematological injuries like the plaintiffs in the litigation and, for example, are dependent on canes, walkers or wheelchairs for mobility because of their profound neurological injuries.  For many years, the authors and the patients’ treating doctors could not identify the origin of the high blood zinc levels in the patients.  In 2009, the authors contacted the 11 patients and found that all 11 patients used Super Poligrip and/or Fixodent. The authors confirmed through zinc and copper blood tests that each suffered from zinc poisoning and copper deficiency.  The blood levels normalized after the 11 patients ceased using Super Poligrip and/or Fixodent but the neurological conditions, unfortunately, did not improve much, largely because the neurological injuries are significant and not reversible.  The authors concluded that: “It appears the [11 patients'] disease is fully explained by denture cream use.

If you or a loved one has used Super Poligrip or Fixodent brand denture creams and suffers from neuropathy like symptoms, contact our denture cream lawyers at info@consumerinjurylawyers.com or (877) 779-1414.

Nearly 1.4 million patients each year undergo Lasik surgery, which is now a $2 billion industry.  Last week, however, the FDA recognized that it had little to no information about adverse life events from people who are undergoing Lasik surgery.  The reason is not the lack of events, but most likely because the adverse events are not reported.  The FDA, the Defense Department and the National Eye Institute are teaming up to run a three-year program to gauge how many Lasik surgery patients suffer from post-Lasik operation problems.  The FDA’s press relase regarding the FDA’s Quality of Life Project can be found here along with information about how to report Lasik related probelms and side effects.

At the same time as the FDA announcement last week about the quality of life program, the FDA issued warning letters to 17 Lasik sugery centers who accept walk-in patients reminding them of their obligation to report poor outcomes and any surgery-related medical complaints from patients who have Lasik surgery at their facilities.  The letters were issued after FDA inspections of the facilities found that they had no system for collecting and transmitting to the FDA data on patients’ reports of post surgical “adverse events.”

The FDA website provides a number of helpful resources about Lasik surgery, including a Lasik surgery checklist (which should help patients avoid Lasik malpractice), which includes various tips and other advice for those considering Lasik surgery, such as:

Know what makes you a poor candidate

Career impact - does your job prohibit refractive surgery?
Cost - can you really afford this procedure?
Medical conditions - e.g., do you have an autoimmune disease or other major illness? Do you have a chronic illness that might slow or alter healing?
Eye conditions - do you have or have you ever had any problems with your eyes other than needing glasses or contacts?
Medications - do you take steroids or other drugs that might prevent healing?
Stable refraction - has your prescription changed in the last year?
High or Low refractive error - do you use glasses/contacts only some of the time? Do you need an unusually strong prescription?
Pupil size - are your pupils extra large in dim conditions?
Corneal thickness - do you have thin corneas?
Tear production - do you have dry eyes?

Know all the risks and procedure limitations

Over-treatment or under-treatment - are you willing and able to have more than one surgery to get the desired result?
May still need reading glasses - do you have presbyopia?
Results may not be lasting - do you think this is the last correction you will ever need? Do you realize that long-term results are not known?
May permanently lose vision - do you know some patients may lose some vision or experience blindness?
Dry eyes – do you know that if you have dry eyes they could become worse, or if you don’t have dry eyes before you could develop chronic dry eyes as a result of surgery?
Development of visual symptoms - do you know about glare, halos, starbursts, etc. and that night driving might be difficult?
Contrast sensitivity - do you know your vision could be significantly reduced in dim light conditions?
Bilateral treatment - do you know the additional risks of having both eyes treated at the same time?
Patient information - have you read the patient information booklet about the laser being used for your procedure?

Know how to find the right doctor

Experienced - how many eyes has your doctor performed LASIK surgery on with the same laser?
Equipment - does your doctor use an FDA-approved laser for the procedure you need? Does your doctor use each microkeratome blade only once?
Informative - is your doctor willing to spend the time to answer all your questions?
Long-term care - does your doctor encourage follow-up and management of you as a patient?  Your preop and postop care may be provided by a doctor other than the surgeon.
Be comfortable - do you feel you know your doctor and are comfortable with an equal exchange of information?

Know preoperative, operative, and postoperative expectations

No contact lenses prior to evaluation and surgery - can you go for an extended period of time without wearing contact lenses?
Have a thorough exam - have you arranged not to drive or work after the exam?
Read and understand the informed consent - has your doctor given you an informed consent form to take home and answered all your questions?
No makeup before surgery - can you go 24-36 hours without makeup prior to surgery?
Arrange for transportation - can someone drive you home after surgery?
Plan to take a few days to recover - can you take time off to take it easy for a couple of days if necessary?
Expect not to see clearly for a few days - do you know you will not see clearly immediately?
Know sights, smells, sounds of surgery - has your doctor made you feel comfortable with the actual steps of the procedure?
Be prepared to take drops/medications - are you willing and able to put drops in your eyes at regular intervals?
Be prepared to wear an eye shield - do you know you need to protect the eye for a period of time after surgery to avoid injury?
Expect some pain/discomfort - do you know how much pain to expect?
Know when to seek help - do you understand what problems could occur and when to seek medical intervention?
Know when to expect your vision to stop changing - are you aware that final results could take months?
Make sure your refraction is stable before any further surgery - if you don’t get the desired result, do you know not to have an enhancement until the prescription stops changing?

If you have undergone Lasik surgery and believe that you may be a victim of Lasik malpractice, contact a Lasik malpractice lawyer today for a free and confidential legal evaluation at info@consumerinjurylawyers.com or (877) 779-1414.

The New York Times reported on September 25, 2009 in an article titled “Health Concerns Over Popular Contraceptives” focused on side effects of Yaz and Yasmin, which are popular oral birth control pills used by over 1.6 million women.  The side effects include life threatening strokes, heart attacks, DVTs, PEs.  In addition, Yaz lawsuits have been filed alleging these injuries, and others, including gall bladder disease, from Yaz and Yasmin.

You can read the full text of the New York Times Yaz and Yasmin story by going here: http://www.nytimes.com/2009/09/26/health/26contracept.html?_r=1&scp=1&sq=yasmin&st=cse.  Various comments posted about the New York Times site about the article, can be read here.

Bernstein Liebhard LLP is currently investigating and filing Yaz and Yasmin lawsuits against Bayer related to side effects from Yaz and Yasmin, including strokes, heart attacks, DVT’s, PEs, gall bladder disease and other injuries.  We are one of the few firms in the country who has filed cases and we represent women from across the country.  Contact us today at info@consumerinjurylawyers.com or (877) 779-1414 for a free and confiential Yaz/Yasmin case evaluation by one of our Yasmin lawyers.

On October 7, 2009, Bernstein Liebhard LLP filed a lawsuit in federal court in New York against Bayer, the manufacturer of Yasmin and YAZ birth control pills, on behalf of a California couple, Scott and Heather Crawford,Crawford v. Bayer et. al. 7:09-cv-8550 (S.D.N.Y.) The complaint lists eleven causes of action including claims for strict product liability, negligence, breach of warranty, negligent misrepresentation and/or fraud, violation of New York’s General Business Law and loss of consortium.

The Crawfords’ lawsuit alleges that, as a result of Bayer’s misleading claims regarding the effectiveness and safety of YAZ, Ms. Crawford was prescribed and began using YAZ in 2007. The lawsuit further alleges that Ms. Crawford suffered a pulmonary embolism (blood clot in the lungs) later that same year as a direct result of her use of YAZ. Click here for more information.

Yesterday the Judicial Panel on Multidistrict Litigation in Richmond, Virginia heard arguments for and against establishing a multidistrict litigation (MDL) for all federal Yaz and Yasmin litigation. A ruling on the matter is expected within a few weeks.

If the panel of federal judges opts to establish an MDL, all Yaz and Yasmin lawsuits pending in various federal courts throughout the United States will be consolidated before one judge for coordinated pre-trial proceedings. This will benefit the plaintiffs in the Yaz and Yasmin lawsuits by allowing them to share the costs of pre-trial discovery and avoid duplicative discovery. For example, in an MDL, depositions of certain people can be taken just once, every plaintiff gets to use them, and the cost is split among everyone.

While an MDL and a class action lawsuit are sometimes confused with one another, they are not the same thing. A class action is one case with many plaintiffs in it, whereas an MDL consists of many individual cases brought together for a short time.

As litigants await a ruling on the Yaz and Yasmin MDL petition, lawsuits continue to mount against Bayer Pharmaseuticals, the maker of the popular birth control pills. The lawsuits generally allege that Yaz and Yasmin cause life-threatening side effects and that Bayer failed to adequately warn consumers about those side effects. Serious Yaz side effects and Yasmin side effects may include heart attacks, strokes, gallbladder disease, deep vein thrombosis (DVT), and pulmonary embolism. Additionally, Yaz and Yasmin may both put patients at risk for a condition known as hyperkalemia. This condition is marked by increased potassium levels in the blood and often has no symptoms at all. If left untreated, it can lead to cardiac arrest and kidney failure.

If you or a loved one experienced serious side effects after taking Yaz or Yasmin, you may be entitled to compensation for your injuries. For more information about a Yaz lawsuit or a Yasmin lawsuit, contact one of Bernstein Liebhard’s Yasmin lawyers or Yaz lawyers for a confidential and free case evaluation.

Various lawsuits have been filed in state and federal courts around the country on behalf of women who used Yasmin or Yaz birth control and suffered a stroke, heart attack or gall bladder damage.    Yaz and Yasmin both contain a combination of ethinyl estradiol, which is used in many oral contraceptives, and drospirenone, a new type of progestin that is unique to Yaz and Yasmin.  Soon, a panel of federal judges is scheduled to hear arguments about whether to consolidate and centralize all Yasmin and Yaz litigation pending in various federal courts throughout the United States.

Most recently, a new lawsuit was filed in St. Clair County, Illinois over the birth control pill Yaz by a woman who claims the drug caused a blood clot in her lung, also known as a pulmonary embolism.
According to a local newspaper, the St. Clair record, Kerry Sims filed the The Yaz blood clot lawsuit on August 18, 2009.  The defendant in the Sims Yaz lawsuit is Bayer, which is the maker of both Yaz and Yasmin birth control pills.  Ms. Sims also sued Walgreens pharmacy, where she purchased the medication. Ms. Sims’ Yaz lawsuit alleges that Bayer misrepresented the benefits and safety of the birth control pill.  Her Yaz lawsuit further claims that she would not have used Yaz birth control had she been fully informed of the health risks.

Sims alleges that she began taking the Yaz birth control pill when it was known as Yasmin. Bayer reformulated the pill and renamed it Yaz after acquiring Yasmin’s original manufacturer, Berlex, in 2006. As a side effect of Yaz, Sims alleges that she suffered a pulminary embolism, which is a blood clot in her lung and an infection of the area surrounding the blood clot.

For more information about a Yaz lawsuit or a Yasmin lawsuit, contact one of Bernstein Liebhard’s Yasmin lawyers or Yaz lawyers for a confidential and free case evaluation.

On August 14, 2009, the British Medical Journal Online published two studies that contain significant findings for women who use the oral contraceptives Yaz or Yasmin. One of the studies was supervised by a leading authority on oral contraceptives, Dr. F. R. Rosendaal, of Leiden University in Leiden, Netherlands, and involved 1524 women. The other study involved all of the women in Denmark, 10.4 million women years.

Yazmin and Yaz Related Studies

The two studies include: The venous thombotic risk of oral contraceptives, effects of oestrogen dose and progestogen type: results of the MEGA case-control study, van Hylckama Vlieg, Helmerhorst, Vandenbroucke, Doggen & Rosendaal, BMJ 2009;339:b2921; and Hormonal contraception and risk of venous thromboembolism: national follow-up study, Lidegaard, Lokkegaard, Svendsen, & Agger (all of Copenhagen, Denmark), BMJ 2009;339:b2890.

Findings of the British Medical Journal Online Yasmin Studies

First, the studies concluded that women taking combination oral contraceptives (OC) containing drosperinone, such as Yaz and Yasmin, are six to seven times as likely to suffer a thromboembolism (such as Deep Vein Thrombosis (DVT) or Pulmonary Embolism (PE)). This risk is equal to other third generation birth control pills.

Second, the studies found that Yaz / Yasmin did not provide any increased benefit for acne or weight loss, which are benefits Bayer previously touted for the drug. The study also found that there was no proof of improved effectiveness of treatment for premenstrual dysphoric disorder (PMDD) or similar premenstrual symptoms.

Third, the study also showed that women are at the highest risk of developing having a thrombotic event in the first three months of taking the OC.

A large number of women participated in the study, which was conducted by well-credentialed clinical investigators and, therefore, Bayer really must reexamine its warnings on Yaz and Yasmin to better educate and warn women about the risks of using these products, which includes the risk of DVT, PE and gull bladder injury, among other Yasmin side effects.

Contact a Yaz Lawyer or Yasmin Attorney Today

Bernstein Liebhard LLP is vigorously investigating and pursuing claims on behalf of injured women nationwide. Contact one of our Yasmin lawyers today for a free Yasmin lawsuit or Yaz lawsuit today.

In December 2008, the Ecri Institute released it second annual report on the top 10 technology hazards that should be on every hospital’s list of safety concerns for medical-device use.  The Ecri Institute conducts patient-safety research and investigates medical-device incidents.   Five of the hazards on the list are new. However, all of the five hazards dropped from the list are still seen as “significant concerns.”  The five new hazards just caused more problems in the past year, including retained devices and air embolism from contrast media injectors, causing them to placed on the list. 

The top 10 technology hazards are listed in order as follows:

1.  Alarm hazards
2. Injuries from needle sticks and other sharp objects
3. Air embolism from contrast media injectors
4. Retained devices and unretrieved fragments left in patients
5. Surgical fires
6. Anesthesia hazards due to inadequate pre-use inspection
7. Misleading displays
8. CT radiation dose
9. MR imaging burns
10. Fiberoptic light-source burns
     

While some problems involve a defective medical device, it tends to be inexperience and/or lack of knowledge on the user’s part that causes these devices to be hazardous.  Few people read the manual. If devices are used safely, fewer incidents would occur.  Every participant in the chain during the process has a responsibility to prevent a problem from arising. If you have been a victim of one of these technology hazards or any other technology, you may have a medical malpractice or hospital negligence lawsuit and may be entitled to a medical malpractice settlement.  You should contact a medical malpractice lawyer today for more information.

In news that is unfortunately starting to sound all too familiar, another lawsuit has been filed due to E. coli food poisoning. On July 16, 2009, attorneys filed a lawsuit in United States District Court in the Eastern District of Washington against JBS Swift & Company on behalf of a 16-month-old boy who was hospitalized after eating meat products manufactured and distributed by JBS Swift. After consuming the meat, the boy was rushed to the emergency room “writhing in pain” with severe gastrointestinal symptoms, including intense and bloody diarrhea and abdominal cramps. Stool samples revealed an E. coli infections and blood tests showed that he had developed hemolytic uremic syndrome, a complication of E. coli infection which caused his kidneys to fail. After being hospitalized for three weeks and undergoing dialysis and blood transfusions, the boy was released. However, he still suffers from long-lasting damage from his illness and his kidneys are only functioning at 30% of normal.

The lawsuit is related to an E. coli outbreak in Swift meat products across nine states that the Center for Disease Control (CDC) linked to making at least 23 people sick. As a result of that outbreak, Swift had issued a voluntary recall of 420,000 pounds of beef on June 24, 2009.

E. coli outbreaks, as well as many other food poisoning outbreaks, have become more commonplace in recent years, which is a troubling sign. Consumers must be wary of such foodborne illnesses, and be on the lookout for possible food poisoning symptoms, such as severe diarrhea, bloody diarrhea, vomiting, and severe abdominal cramping. For more information about E. coli lawsuits, contact an E. coli food poisoning lawyer today.

The University of California, Los Angeles (UCLA) is conducting an investigation into a top orthopedic surgeon and associate professor at its medical school for failing to disclose financial connections to several companies whose products he was researching. Dr. Jeffrey Wang lost his position as the co-executive director of the UCLA Comprehensive Spine Center for failing to report stock options, payments, and royalties he received from five medical device and drug companies between 2002 and 2008. While Wang is still on the school’s faculty, UCLA is investigating his work and considering further disciplinary action against him.

Dr. Wang failed to disclose ownership of stock options in Facet Solutions Inc. and Paradigm Spine LLC, and did not report royalties and consulting payments from Johnson & Johnson, FzioMed Inc., and Medtronic Inc., all of which manufacture products on which Dr. Wang was conducting research. Failing to report such financial relationships violates UCLA’s guidelines, and most medical schools have rules limiting how much money and gifts their doctors can receive from drug and device companies. The university is currently looking into whether the payments and stock interests impacted Wang’s research.

Medtronic has previously been scrutinized for allegedly having financial relationships with doctors conducting research on its products. The Department of Justice is currently investigating consulting payments made by the medical device company to Dr. Timothy Kuklo, a former Walter Reed Army Hospital surgeon who has been accused of falsifying the results of a study concerning Medtronic’s Infuse surgical grafts. As a result of incidents like those involving Wang and Kuklo, Senators Charles Grassley (R, Iowa) and Herb Kohl (D, Wisconsin) have proposed a federal law requiring companies to disclose all payments over $100 made to doctors. Information about abuses of University policy and illegal or improper kickbacks are often brought to light by whistleblowers. Read more about issues related to medical research, such as defective medical devices and medical malpractice.