Archive for October, 2009

Bernstein Liebhard Files Master Complaint in Denture Cream Litigation Following New Study and New Super Poligrip Warning Label

Thursday, October 22nd, 2009

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.

The FDA, Defense Department and National Eye Institute to Assess Potential Lasik Problems

Monday, October 19th, 2009

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.

Natasha Singer — New York Times Report on Yaz and Yazmin Birth Control Side Effects

Monday, October 19th, 2009

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.

Bernstein Liebhard Files Complaint in YAZ/Yasmin MDL

Monday, October 19th, 2009

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.