Polk County Medical Malpractice Attorneys Blog

Woman dies after lap-band surgery

2013-05-16T02:51:05Z

For those who are seriously overweight, lap-band surgery seems to promise a medically sound way to lose weight. However, for patients in Iowa and across the country who have been the victims of lap-band issues after surgery, the defective medical devices can mean long-term suffering, illness and even death.

Lap-band surgery involves placing a silicone band around part of the patient's stomach to control food intake volume. This surgery has become a popular option for those who have more than a few pounds to lose. However, recent probes into lap-band treatment centers, including New York University's program, have caused some to rethink the safety of these procedures. New York authorities investigated the Langone Weight Management Program three years ago following the death of one 27-year-old woman after a lap band procedure. Attorneys for her family claim that had the clinic addressed an underlying medical issue prior to performing the surgery, the woman would not have died.

]]> The U. S. Food and Drug Administration requires doctors who perform lap-band surgery to inform patients of risks prior to obtaining consent to operate. The risks include those of any procedure involving anesthesia as well as other potential problems. More than 150,000 people had this surgery in 2010.

Complications from lap-band surgery may lead to serious physical and emotional consequences for the patients involved. When this happens, a product liability attorney may be able to help these victims recover damages through a civil lawsuit. Victims may be able to claim compensation for their physical and emotional pain and suffering, their increased medical bills and living expenses, lost wages and other costs associated with failed lap-band surgery.

Source: Courier-Post, "Christie doc sued, lap-band clinic probed over woman's death", Bob Jordan, May 08, 2013

Popular frozen pizza products recalled

2013-05-10T06:08:01Z

Iowa denizens may have heard that a recall of frozen pizzas has been initiated by Nestle USA as a result of consumer complaints. The primary unsafe product issue reported is the presence of clear plastic fragments in California Pizza Kitchen Thin Crust White pizzas. The source of the fragments has been determined to be a lot of spinach, and all products created with this spinach have been recalled. In addition to the variety of pizza found to contain the fragments, the company has recalled several additional California Pizza Kitchen and Digiorno pizza varieties that use spinach.

The products and production codes in question were produced from February to March of 2013, making it important for consumers to check their freezers if they may have purchased these items. Businesses that may have these items in their freezers have also been informed and asked to remove any remaining products from this series of production codes.

]]> In this case, the products in question have been in circulation for several months. While it's possible that not all pizzas contained plastic fragments, the risk of choking or other injuries makes it important to discard unused products from the items specified as being potentially contaminated. Nestle USA is handling replacements.

Iowa residents who consume these products may be concerned if they recall having purchased and eaten products from this grouping. It's important to report a food item that shows evidence of inappropriate or inedible materials to the manufacturer. If such a product has been consumed, leading to health consequences, an attorney who specializes in product recalls and negligence claims may be able to help in the pursuit of compensation for the resulting medical expenses.

Source: CBS News, "Frozen pizza recall: DiGiorno, California Pizza Kitchen products affected", RYAN JASLOW, May 03, 2013

Medications approved through fraudulent research

2013-05-03T17:19:35Z

In early May of 2010, three FDA agents entered the Houston office of Cetero Research. Cetero Research was a laboratory facility that conducted research for drug companies around the world. The purpose of the inquiry was to investigate a former employee's allegation that Cetero had manipulated test data and had tampered with their records. The lead agent confronted Cetero's president, who openly acknowledged that a significant amount of the laboratory's work was fraudulent.

When the investigator revealed his findings to the FDA, his expectation was that they would move quickly to re-test the prescription drugs in question. He also expected the FDA to warn patients and doctors.

]]> What the agency did instead was evaluate the findings quietly and not disclose the matter to the public. The FDA did not remove any of the potentially harmful medications from the shelves. Some of the medications in question remain on pharmacy shelves today. The FDA has revealed no additional research into the safety of these medications. This is in contrast to the European Medicines Agency, which has removed seven of the Cetero tested prescription drugs from the market.

Three years have elapsed since Cetero's misconduct was revealed. In that time, the FDA has not completed its review of the medications that may have been affected by Cetero's fraudulent studies. The FDA has also refused to disclose the names of any of the drugs that it is re-evaluating. According to the FDA, the potential for public harm is quite low and to reveal the names of the drugs would expose "confidential commercial information."

Stories such as this one highlight the need for patients to be proactive in their own medical care. This includes researching the safety of any prescription medications they may be taking. Confronting the medical establishment with concerns about misconduct or the effects of harmful medication can be daunting. In Iowa, medical malpractice attorneys may help people who have suffered from the effects of dangerous or defective medications.

Buckyballs recalled as dangerous products

2013-04-26T22:09:26Z

Iowa residents may be interested to know that retailers nationwide have agreed to recall dangerous items, marketed under the names of Buckyballs and Buckycubes, after the Consumer Product Safety Commission received numerous complaints about the items. The items are powerful magnets that can be assembled in various shapes. Retailers are agreeing to the recall the dangerous products because the manufacturers did not choose to participate.

The small pieces of the Buckyball game pose a hazard if swallowed. The CPSC reported more than 50 complaints of youths swallowing the magnets. They caution anyone with the toy to keep it out of the reach of children as ingesting or inhaling the items is potentially deadly.

]]> The manufacturer of the Buckyball, a New York-based company, is no longer in business and the products are no longer manufactured. Some of the products may still be in the distribution chain while other pieces are in the hands of consumers.

In some cases, products may be manufactured and distributed before anyone raises red flags about the product's safety. In some situations, the manufacturer may be out of business before the product is determined to be dangerous. Hazardous products may cause physical injuries or financial hardships to purchasers. Anyone suffering such an injury may wish to consider seeking the services of attorneys who are familiar with product liability cases. Attorneys may be able to help the injured parties recover the costs of medical care, lost wages and suffering caused by the defective item. This may help injured parties and their families maintain their homes and lifestyles.

Source: Fox25, "Retailers recall potentially dangerous magnet sets," Mary Clare Jalonick, April 14, 2013

Defective drug recalled by Pfizer due to unusual odor

2013-04-19T18:42:53Z

Approximately 52,000 bottles of Levoxyl have been recalled by Pfizer due to reports of an odor emanating from some of the containers. Levoxyl is used to treat those who have a thyroid disorder, and this recall may affect a number of Iowa residents. The company stopped sending shipments of the defective drug in February after it became aware of the issue. Levoxyl is now on the FDA's list of drug shortages because a new supply of the medication may not be available until next year.

The odor was the result of an oxygen-absorbing canister that Pfizer packages with the drug to enhance the stability of its product. People have described the odor as "plastic-like." The recall of this medication is not the first time that Pfizer has had to recall a drug because of the way it smells: It has also recalled Lipitor and Advil for similar reasons.

]]> According to the drug manufacturer, the odor is not likely to result in a health condition; Pfizer instituted the voluntary recall to be cautious, and reports of adverse reactions have not been reported. While some patients are reporting that they have been unable to refill their Levoxyl prescriptions, generic replacements are available that are suitable for consumption.

Serious complications may result if Iowa patients are given defective drugs. Adverse reactions can include stomach problems, heart problems and even death. When victims are harmed by a dangerous drug, medical malpractice lawyers may be able to help them recover compensation from the manufacturer by litigating a suit or negotiating a settlement on behalf of their clients.

Source: FOX Business, "Pfizer Recalls Thyroid-Disorder Drug Over Odor Problem," Dow Jones Newswires, April 3, 2013

Potentially defective drugs recalled by compounding company

2013-04-11T16:42:16Z

Pallimed Solutions has recalled a number of their products and sterile compound drugs. This includes more than a dozen injectables like testosterone cypionate and atropine. The company stated the drugs were being recalled "on the basis of information observed," and the recall of these potentially defective drugs may affect medical centers throughout the state Iowa.

The company has not said that any of the recalled products were contaminated or unsafe, but this recall comes after the recall of steroid injections from the New England Compounding Center whose drugs were linked to a widespread outbreak of meningitis. Inspections by the FDA played a part in Pallimed's decision to recall 16 sterile compounds that were shipped after Jan. 1. The company manufactures products that are used to treat conditions like sexual dysfunction and nail fungus.

]]> In a statement released by Pallimed, the company explained that recall is an "aggressive precautionary" measure. They've also agreed to no longer manufacture or dispense compound products until further notice. No illnesses or injuries related to products produced by the company have been reported.

If an Iowa resident has been harmed because they were treated with a defective drug, they may have grounds for a suit to recover damages. Bad drugs can worsen an illness, may cause a dangerous infection or may even result in death. A medical malpractice attorney can examine the circumstances surrounding administration of a defective drug, and they may be able to litigate a suit to get their clients a fair settlement for their pain and suffering.

Source: CNN Health, "Massachusetts drug compounder recalls some of its injectables," CNN Staff, March 26, 2013

Compounding pharmacy recalls contaminated medication

2013-04-05T23:32:10Z

While Iowa citizens may not be directly affected, the recent discovery of contaminated medication in a Connecticut hospital and another contamination case last year has spurred more inspections by the Food and Drug Administration into compounding pharmacies. While no injuries or deaths have been linked to this current case, the New Jersey based pharmacy, Med Prep Consulting, has issued a drug recall for all of its products and stopped all shipments.

The drug recall extends to three states: New Jersey, Delaware and Connecticut. So far, the names of the facilities Med Prep has sent products to in these areas have not been released, but the Delaware Division of Public Health is sorting through the pharmacy's shipping information. In addition to pharmacies and hospitals, doctors' offices may have also received the tainted drug, which is administered for both seizures and preterm labor. This drug alert comes in the wake of a serious drug contamination case that occurred last year when 50 people died and 720 were sicken across the nation by a steroid that came from a Massachusetts compounding pharmacy.

]]> Employees of the Connecticut hospital found mold in bags of the medication. However, it is not yet known whether this mold possess a threat to the health of anyone who ingests it.

It's clear from the Massachusetts case and the multi-state impact of this current case that errors made by a compounding pharmacy can have far reaching and possibly deadly effects. Should someone be sickened or killed by a drug, the victim or their family has a right to seek compensation. An experienced lawyer may be able to hold the drug company or pharmacy accountable in a court of law.

Source: delawareonline, "Mold forces specialty drug recall in Delaware, 3 other states," Kelly April Tyrell, March 20, 2013

Owners of 2013 Dodge Challenger V-6s told to stop driving them

2013-03-28T17:10:07Z

Due to a possible issue with a short in the wiring harness, Chrysler is recalling nearly 4,500 Dodge Challengers manufactured in 2013 with a 3.6-liter V-6 engine. If anyone in Iowa has this car, all consumers are being told to stop driving them immediately. The reason these Challengers are now considered an unsafe product is because the short could lead to a fire. While there have not been any injuries due to the fires, there have been seven incidents reported so far.

In addition to advising owners of these automobiles to cease driving them, individuals are also being told that they should not park them in or near buildings. In an effort to let people know about the potential short, Chrysler is calling and mailing Challenger owners. While the repair work is being completed, the manufacturer will provide a loaner car for no charge.

]]> Drivers who own a 2013 Challenger are urged to call Chrysler to see if their vehicle is a part of the recall. Vehicles that may have the short were manufactured during an eight-week period that ended on January 24, 2013. It is estimated that 2,500 customers' cars are affected, and another 1,900 are still on the lots of car dealerships.

Even if a manufacturer recalls a product, it does not mean the manufacturer cannot be sued for damage caused by their unsafe device. If someone has been injured due to a malfunctioning device, they may find it helpful to speak with an attorney and find out what their options are.

Source: Motortrend, "2013 Dodge Challenger V-6s Recalled, Owners Advised to Park Their Cars," Jason Udy, March 2013

Bayer settles gallbladder, blood clot Yaz and Yasmin claims

2013-03-21T16:23:34Z

Ever since 2009 the maker of Yaz and Yasmin contraceptives have been hit with thousands of lawsuits claiming the company failed to warn users on some of the possible complications that could arise from taking these oral contraceptives. These lawsuits have revolved around claims related to blood clots, strokes and even deaths.

Recently, Bayer agreed to settle lawsuits related to those Yaz and Yasmin takers who claimed to have suffered from gallbladder injuries after taking the oral contraceptives. The company has agreed to pay up to $24 million, with $2,000 going to those who suffered from gallbladder injuries and $3,000 to those who actually had to go in and get their gallbladders removed. Depending on the number of lawsuits related to gallbladder injuries, the payout may end up being reduced.

]]> Bayer also reached a $1 billion settlement to settle the 4,800 claims filed related to blood clots. Those who suffered from gallbladder injuries and blood clot-related injuries, such as strokes and heart attacks, are encouraged to opt in for the blood clot settlement as it will most likely result in a larger payout.

In looking at the issues surrounding Yaz and Yasmin, while it was originally marketed as a product that could not only help prevent pregnancies, but also help control acne and reduce symptoms associated with premenstrual dysphoric disorder, it has since been attributed to roughly 200 deaths. Heart attacks, pulmonary embolisms and deep vein thrombosis have also been linked to the drug.

Those who suffered from adverse reactions after taking Yaz or Yasmin may be able to file a lawsuit against Bayer. While this cannot take away the damage that has already been done, a lawsuit could result in money toward medical expenses and pain and suffering.

Source: Thomson Reuters News & Insight, "Bayer agrees to settle Yasmin, Yaz gallbladder lawsuits," Terry Baynes, March 20, 2013

Our law firm handles cases involving personal injuries stemming from taking dangerous drugs. To learn more, visit our Iowa Yaz-Yasmin page.

FDA warns public of Zithromax risks

2013-03-13T17:59:53Z

The U.S. Food and Drug Administration recently started to warn the public about the potential life-threatening effects of taking Zithromax. This warning comes less than a year after the drug company Pfizer Inc. was handed down a letter from health officials for exaggerating claims and minimizing health information to the public in a brochure for Zithromax. Unsubstantiated claims were also reportedly made in this brochure.

The issue with Zithromax is that the drug can cause changes with the electrical activity of the heart. For those with some pre-existing conditions and risk factors, such as a low potassium level and a slower heart rate, the changing of the electrical activity can end up leading to death.

]]> In terms of the risk of cardiovascular death, a study previously conducted also found the risks between Zithromax and Levaquin to be quite similar. Additionally, Levaquin has been linked to acute kidney failure, liver injury among older patients and tendon injuries, such a tendonitis and tendon ruptures.

When it comes to taking certain medications, patients need to keep in mind that just because a doctor writes a prescription it does not mean a medication is without risks. And while of course it can be argued that there are risks with taking any type of medication, there are some medications that time and time again have come up as being dangerous and have been named in lawsuits when it comes to holding manufacturers accountable for dangerous drugs.

Iowa residents who are interested in learning more about some of these drugs should visit our Iowa defective drug page.

Source: NewsInferno, "FDA: Zithromax May Lead to Potentially Fatal Heart Rhythms," Cynthia A. Diaz-Shephard, March 13, 2013

Second verdict in favor of transvaginal mesh patient

2013-03-08T14:47:11Z

In the past we posted about the adverse reactions some women have experienced due to transvaginal mesh. At this point, there are literally thousands of lawsuits pending in state and federal courts against several different manufacturers of the medical device. Women in Iowa who are experiencing pain from the surgery may be wondering what to do.

Recently, the second verdict was read in favor of a transvaginal mesh patient. The jury awarded her $3.35 million in compensatory damages and $7.8 million in punitive damages.

]]> In looking at what happened, the woman had the transvaginal mesh implanted, which was sold by Johnson & Johnson's subsidiary Ethicon, in order to repair prolapse. The Gynecare Prolift implant was supposed to relieve some of the pain she was living with. However, since having the vaginal mesh transplant, she has had to go through 18 surgeries. And, due to health issues tied to the implant, she called out of work so many times that she lost her job.

In March 2006 the lawsuit on behalf of this woman was filed against Johnson & Johnson.

In looking at the device that was implanted, Johnson & Johnson began selling this particular product in 2005. Six years later it was taken off of the market due to complaints and lawsuits.

For Johnson & Johnson, this is just one more case among the thousands of product lawsuits pending stemming from recalls. Additionally, the company's McNeil Consumer Healthcare plant has been closed since 2010 and will not reopen until approved by a federal judge. This facility closed due to a number of concerning product recalls.

As this recent verdict goes to show, as does the thousands of pending lawsuits, those patients who are injured due to a medical device have legal rights and options. Just simply living a life of pain is not the only choice.

Source: Philadelphia Inquirer, "Damages top $11M against J&J in vaginal-implant lawsuit," David Sell, March 1, 2013

Our firm handles cases such as the one mentioned above. To learn more, visit our Iowa transvaginal mesh injury page.

Levaquin blamed for organ failure and respiratory distress

2013-03-01T21:14:56Z

A lawsuit was recently filed by a man and his wife against Johnson & Johnson. Their claim is that the man suffered from life-threatening conditions due to taking Levaquin.

In looking at what happened, it was back in February 2011 when the man arrived at a hospital with congestion. He also had a fever and was sweating. An X-ray was performed and the man was given Levaquin before being discharged. This was on Feb. 11.

]]> Two days later he was back at the same hospital, only this time he was dizzy, was experiencing a shortness of breath and was light-headed. He still had a fever and had developed a cough. Another X-ray was completed, which showed he had some marked difference from the Feb. 11 X-ray. He was put on oxygen and transferred to another hospital.

At this point he was diagnosed as having bilateral pneumonia, respiratory failure and the early onset of acute respiratory distress syndrome, referred to as ARDS.

However, the worst was not yet over. Just five days after his original visit to the hospital, his condition had drastically gotten worse and he was transferred yet again to another hospital. At this point he was diagnosed with ARDS. A number of his organs also failed and he was put on a ventilator for more than a month.

Lucky for this man, he did survive and was discharged in April 2011. However, he did continue to have respiratory issues and has been hospitalized several times since.

Now he and his wife are suing not only Johnson & Johnson, but also Janssen Pharmaceuticals Inc. and Ortho-McNeil Pharmaceuticals Inc. The claim is that his condition was caused by Levaquin and that these companies failed to adequately warn medical providers about how dangerous the drug really is.

In looking at this case, this is not the first lawsuit to be filed related to Levaquin. In other cases, patients also complained of tendon injuries.

Source: The West Virginia Record, "Johnson & Johnson sued over Levaquin use," Kyla Asbury, Feb. 13, 2013

There have been multiple claims involving patients suffering from adverse reactions after taking the prescription drug Levaquin. Our firm handles these types of cases. To learn more, visit our Iowa Levaquin damage page.

Study: Women more at risk for hip implant failure

2013-02-22T18:50:38Z

A recent study found that women have a greater hip implant failure rate than men. This, on top of some of the reported complications due to metal-on-metal hip implants, puts women in a serious risk category.

The study, which appears online in JAMA Internal Medicine, found that hip implant failure rates were 29 times higher among women than men. This information was obtained by following 35,140 patients over a three year period.

]]> This study comes at a time when much attention is being paid to the ongoing lawsuits against the DePuy Orthopaedics unit of Johnson & Johnson. There are roughly 10,000 cases that have been brought against the company related to defective hip implants.

In looking at the issue, in 2010 DePuy recalled two types of devices: the ASR XL Acetabular System and the ASR Hip Resurfacing System. This recall came after the National Joint Registry of England and Wales revealed a high failure rate within five years of the device being implanted. This is quite worrisome as hip implant devices are reportedly supposed to last on average roughly 15 years.

In these recalled DePuy devices, the issue is that the metals can rub against each other, sending metal into the patients' bodies and blood streams, resulting in serious and painful injuries.

This information, combined with the fact that women are more susceptible to having their hip implants fail, means women need to be particularly concerned and paying attention to any complications from a hip implant device. If there are any concerns, an attorney with experience handling defective medical devices can provide insight into whether a lawsuit may be possible.

Source: News Inferno, "Study: Hip Implant Devices Likelier to Fail in Women," Cynthia A. Diaz-Shephard, Feb. 19, 2013

Our firm handles cases related to defective medical devices. To learn more, visit our Iowa unsafe medical product page.

Lawsuit claims FDA hiding defibrillator device risks

2013-02-14T16:10:31Z

A union has filed a lawsuit against the U.S. Food & Drug Administration, claiming the FDA purposely redacted portions of a report in order to avoid embarrassing its own administration and the manufacturer of an implantable cardioverter defibrillator device. The manufacturer, St. Jude Medical, is not named in the lawsuit.

According to the claim, last year there was a review of the procedures and testing related to Durata defibrillators. This review resulted in a report, which St. Jude Medical publicly posted in a redacted form. Concerned about the redactions, specifically those having to do with problems related to the device, the union requested a report without the redactions from the

]]> In response, the FDA did produce a report, but many of the redactions related to problems with the device were still included. The lawsuit claims this is concerning as it is unknown if the problems with the device are cosmetic or related to defects, which could pose a serious risk to patients.

The claim is under the Freedom of Information Act, challenging the FDA on why it continues to keep redacted portions in the report. The FDA claims the redactions fall under exemption 4 of the FOIA, related to trade secrets or confidential information. However, the union claims the real reason for the redactions is due to embarrassment due to the risks made to the public, not any confidential information.

In this case, the union filing the lawsuit, Unite Here, is seeking information related to these defibrillator devices, as the union provides health benefits to thousands of members and their families. Within these health benefits, these implantable defibrillators, among other FDA regulated products, are included.

In general, when it comes to medical products, while the protocol is for the devices to first be approved by the FDA, the fact remains that there are many products that are dangerous, but end up with FDA approval. In the cases where these unsafe medical devices end up leading to injuries, those hurt may be entitled to receive compensation.

Source: Courthouse News Service, "Union Says FDA Is Hiding Document," Elizabeth Warmerdam, Feb. 12, 2013

Our firm handles cases were patients are injured due to defective medical devices. To learn more, visit our Iowa unsafe medical products page.

Fosamax trial ends with Merck ordered to pay $285,000

2013-02-06T19:46:18Z

More than 1,000 lawsuits have been filed against pharmaceutical giant Merck & Co Inc. The claim is that its osteoporosis drug Fosamax led to jaw and femur injuries.

Recently, a federal jury found the company had failed to properly warn one 69-year-old's doctors of the risks associated with the medication. The lawsuit claimed the medication ended up leading to delayed healing and bone disease for the 69-year-old.

]]> In this case, the jury ordered Merck to pay $285,000.

This was the second time Merck lost a case related to Fosamax. The previous case involved a woman who developed osteonecrosis of the jaw. In that case, the jury awarded $8 million.

At this point there are still a number of lawsuits pending. In fact, this recent one was one out of 975 pending before just one judge. There are another 842 lawsuits related to alleged femur injuries pending in another district court. Other lawsuits related to Fosamax are also pending.

This latest case was what is commonly referred to as a "bellwether" case. These types of cases are ordered when there is mass litigation. The point is to find trends that could end up playing out in other lawsuits. In some cases, multiple wins by plaintiffs can end up greatly helping in terms of future settlement talks to end other lawsuits.

In looking at the issues surrounding Fosamax, while the drug was commonly prescribed to treat osteoporosis, some patients ended up experiencing the opposite effect, with Fosamax allegedly being connected to femur fractures and the degeneration of the jawbone.

These issues ended up supposedly affecting a small percentage of Fosamax takers. To learn more, visit our Iowa Fosamax page.

Source: Reuters, "Merck hit with $285,000 verdict in Fosamax trial," Nate Raymond, Feb. 5, 2013