Photo

Diedwardo

So What’s in The Bottle? - A Series on Dietary Supplements Part III –Warnings, Recalls and MedWatch Reporting

Published by Alyssa Diedwardo in Product Liability

This is Part III of the series on Dietary Supplements addressing warnings, recalls and reporting. In my last Blog there were many helpful links to research individual supplements. So now that you are searching like a pro let’s look at product safety, contradictions, recalls and contamination. So put on your detective hat and read on! Read the rest of this entry »

Diedwardo

So What’s in The Bottle? - A Series on Dietary Supplements Part II – Researching Dietary Supplements

Published by Alyssa Diedwardo in Product Liability

In  Part II of a series of five on  Dietary Supplements here are some  helpful resources to go about researching and gathering important information on both the product as well as manufacturer. In an article written by the Mayo Clinic “What you need to know before You Buy Herbal Supplements” there are some great tips on how to get started in determining if a product is right for you. More than ever consumers must be their own best advocate. There are many consumer friendly websites and literature that offer information even more so since the FDA issued its Final Rule governing Dietary Supplements that became effective 6/1/08. Read the rest of this entry »

Diedwardo

So What’s in The Bottle? - A Series on Dietary Supplements Knowing the Terms – Part I

Published by Alyssa Diedwardo in Product Liability

Before venturing into the world of Complementary and Alternative Medicine (CAM) some ground work needs to be explored to better understand the terms used in the industry. Knowledge is power and educating yourself on the various products, their origins, the relative safety of products and other vital information is an important foundation to understanding. As we will explore in a five part series that will span from defining terms, product origin, safety, recalls and ultimately the decision process for determining if CAM is right for you. The information I intend to provide will be based on the information available through web site sources that include the FDA, NCCAM, PubMed, Natural Standard, and Consumer Lab. Let’s get started with understanding the terms. Here are a few to give you a broad view and a little background. Read the rest of this entry »

Diedwardo

So What’s in The Bottle? - A Series on Dietary Supplements

Published by Alyssa Diedwardo in Product Liability

It was not that long ago the herbal supplement industry was viewed as left wing subversive community of activists. Back in 1994 when the Dietary Supplement Health Education Act (DSHEA) was passed the supplement industry made a platform arguing that the FDA and pharmaceutical market were in conspiracy to keep a multi billion dollar business thriving by driving up prices of prescription drugs that were generally unsafe to the public and preventing the manufacturing and sale of less costly, safer and healthier herbal supplements. Since then, what is now commonly known as the Dietary Supplement industry or CAM (Complimentary Alternative Medicine) industry, has skyrocketed. No longer do you have to search out small mom and pop stores you can go right to your local pharmacy (ironically) to purchase your supplements. New products are flooding the market that claim to be as effective or better and less expensive than pharmaceuticals. Read the rest of this entry »

Hopkins

Big Tobacco, Its Lawyers and Things that go Bump in the Night

Published by John Hopkins in Corporate Fraud, Defective Design, Mass Torts, Product Liability

What is Big Tobacco doing in the Florida tobacco litigation now? They are sending out teams of lawyers and investigators to track down and interview each smoker’s sons, daughters, grandchildren, Aunt Mary, Uncle Bob, the third cousin twice removed, the neighbors, the neighbors neighbors—you get the idea. Read the rest of this entry »

armand

The Ortho Evra Label Changes:

Published by Armand Rossetti in Product Liability

Are They Timely Ortho-FDA Collaborative Warnings, Or Are They FDA Sanctioned Excuses for the Manufacturer

The FDA has been in the news quite often, recently. Lately, consumers have seen news about caustic and blinding eye care solutions (Bausch & Lomb’ ReNu MoistureLoc and AMO’s Complete MoisturePlus), E. coli in spinach, and most recently the Salmonella laced produce outbreak. The FDA first associated the Salmonella outbreak with tomatoes, but had a hard time determining which tomatoes were causing the problem. And now the FDA suspects that other fresh produce may also be contaminated, but cannot determine the source. Read the rest of this entry »

Leonard

Is Your Pharmacy Stocked with Counterfeit Drugs?

Published by Vincent Leonard in Defective Design, Mass Torts, Product Liability

As if keeping up with what is a brand name versus what is a generic medication wasn’t enough, now you can’t even be certain whether what you’re handed by your local pharmacy is even the real deal anyway. Pretty scary stuff.

So the question is while we all are paying the highest prices in decades for our medication how does this happen? The industry and FDA indicate these are high quality fakes. Sorry, not good enough and I don’t buy it. Frankly, that is taking the easy way out. Consumers deserve better. The facts are in the ever expanding effort to lower costs; the pharmaceutical companies and the retail pharmacies, like so many industries, have defaulted to price and profit over quality and safety. Come on, I don’t care how good these pills look shouldn’t these big companies know and investigate who they are buying from? My late father, a very wise man, used to love to use the phrase “too good to be true”. One wonders if a new supplier comes in to the pharmaceutical market, with seemingly impossibly low prices, who is doing the testing of the product and the background check when the bells should be going off? I guess certain folks simply don’t want the answer to some obvious questions. According to the US News and World Report it is left to consumers like Arthur Soclof, an allergist in Livonia Michigan, who on his own discovered his cholesterol medication, Lipitor, sold to him by his local pharmacy, was a fake. Read the rest of this entry »

Hopkins

Big Tobacco and their Bean Counters

Published by John Hopkins in Defective Design, Product Liability

So, what is Big Tobacco doing these days in the Florida “Engle” litigation? Are they aggressively trying to bring cases to trial so they can be vindicated? Are they conducting important investigation and discovery in an effort to further justice? Ah, not so much.

I speak with clients each day who want to know why Big Tobacco is sending lawyers (or at least people representing themselves as lawyers) to speak with uncle Joe or their fourth cousin, twice removed, with whom they have not spoken since third grade. They want to know why Big Tobacco needs to know where they have lived through their entire 70+ years of life. Why Big Tobacco insists on bothering their neighbors with interviews?

Well, it is all part of a grand plan, I am sure—right? It is most probably a part of a grand, master plan; but is it one in which the purpose is to further justice? Ah, probably not so much.

In the ‘90’s, there was a movie called “Class Action”; in which Gene Hackman played a lawyer fighting for the rights of victims horribly injured and killed by a defective automobile. In one scene, after discovering the defect the car company president calls in his statistics people, or “bean counters”, as they are affectionately referred to by the president. He asks the bean counters whether lawsuits will cost him more than the cost to retool the line and they tell him that lawsuits will be cheaper than the cost to prevent injuries and deaths. The president decides to continue manufacturing the defective car.

In the Engle tobacco litigation, Big Tobacco faces some 8000 plaintiffs. Tragically and as a direct result of cigarette addiction, these folks are largely older, sick people. I would be quite surprised if Big Tobacco has not consulted the “bean counters” and asked them what number of plaintiffs can be “eliminated” through delay and aggressive litigation tactics. I would suspect the bean counters to let them know how long the litigation needs to be delayed to eliminate “X” numbers of plaintiffs.

Am I being unfair to Big Tobacco? Not so much.

Read the rest of this entry »

armand

Pain Pumps and Disappearance of Shoulder Cartilage

Published by Armand Rossetti in Product Liability

Several companies, including Stryker, BREG, Inc., I-Flow and DJO, Inc. have manufactured and distributed high volume pain pumps. During surgery and for up to three days afterward, doctors use a variety of pain pumps to deliver anesthesia to shoulder joints. These pain pumps have catheters that surgeons can implant into the shoulder’s joint space. Because the pumps offer the advantage of being ambulatory and disposable, they are particularly attractive to surgeons.  Read the rest of this entry »

armand

What Has Gone Wrong With the Davol Kugel Hernia Patch?

Published by Armand Rossetti in Product Liability

Let’s take a closer look at one of the Davol patents, which provides the “blueprint” for the Kugel Mesh Hernia Prosthesis (Canadian Patent CA 2 357 020). A brief review of Davol’s patent shows that the oval shaped Kugel Patch is made from a mesh that will not dissolve, and that it has a flexible ring fastened around the edge of the oval mesh to give it shape. The ring material is supposed to dissolve (resorb) over time, leaving the flexible mesh in place to act as an abdominal wall support. Once in place, the mesh portion of the Kugel Patch adapts to the convex shape of the abdomen. Read the rest of this entry »

  • Subscribe to SearcyLaw Blog
  • Searcy Blog RSS Feed