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Pharmaceutical Litigation And Personal Injury Law Blog

The DTPA: What Does It Mean to be a "Consumer?"

Section 17.44 of the Texas Business and Commerce Code protects consumers against false, misleading, or deceptive business practices, unconscionable actions, breaches of warranty, and violations of the Insurance Code. The term, "consumer" may make you think of someone who is purchasing a car or buying an iPhone. However, in the context of the DTPA, this term is much broader than what we may typically think. In fact, under the DTPA, to be a consumer, you don't have to purchase anything at all.

I've Been Hurt by a Zostavax. Do I Have to go to Vaccine Court?

Vaccines are vitally important to the health and wellbeing of our communities. They help prevent horrible and deadly disease such as polio and whooping cough. In order for consumers to continue to feel safe receiving vaccines, it is vitally important for pharmaceuticals companies to have a vested intertest in our health and welfare. When the dollar comes before the patient, we are the ones who suffer.

Recently, Merck, the manufacture of the shingles vaccine, Zostavax, has received attention for failing to put patients first. Not only has Merck manipulated data to make it seem as though Zostavax is more efficacious than it really is, but Merck has also hid life threating side effects from the public.

Johnson & Johnson: Repeat Offenders

Johnson & Johnson is a name we often associate with baby shampoo and infant lotion. We tend to view J&J as a good old family company with family values and a person-first ethos. And, while perhaps it is true that J&J makes some good product, J&J also makes some deadly ones. J&J is no stranger to litigation, with suits all across the country for products like baby powder and transvaginal mesh. In fact, if consumers knew the truth about just how often J&J is sued for harming consumers, the name, "Johnson & Johnson" would no longer evoke images of smiling, laughing babies.

Who is liable for injuries caused by generic drugs?

Estimates suggest that most of the prescriptions written in the United State are for generic drugs. Generic drug use is only growing in popularity, and will continue to grow as many popular drugs come off patent. This may be good for patients concerned about the cost of their prescription medicine, but who is liable when a generic drug causes harm to a consumer?

Recent case rulings from the Supreme Court provide a certain amount of protection for the manufacturer of generic drugs so long as all brand name manufacturer warnings are on the packaging. However, some states are implementing measures that may place a certain amount of liability on the manufacturer of the name brand. Texas has not yet followed suit in accepting the concept of innovator liability.

Lawsuits alleging Risperdal caused gynecomastia continue to soar

The manufacturers of the prescription drug Risperdal are now being confronted with lawsuits from 3,000 new plaintiffs that filed a lawsuit against the company in the first three months of 2017. The new plaintiffs join a body of plaintiffs already estimated to be as high as 2,500 that have already filed lawsuits against the pharmaceutical giant Johnson & Johnson.

Each of the plaintiffs maintains that the anti-psychotic drug caused them to suffer from gynecomastia. This medical condition can cause males to grow female breasts.

Project Roadblock aims to keep unsafe trucks off Houston's roads

The Texas Department of Public Safety (DPS) just wrapped up its annual 'Roadcheck' program on June 8, 2017. This one-weekend exercise aims to ensure that all commercial drivers, including busses and tractor-trailers, are not out driving on the state's roadways with potentially dangerous equipment violations. Their hope is that, by targeting these drivers, it will make the roadways safer for everyone.

During last year's Roadcheck, some 22 percent of all commercial vehicles stopped had to be put out of commission so that they could be repaired. This year, just during the exercise, there were five different accidents involving tractor-trailers in Houston.

Setting Bad Precedent: Juvenile Convicted of Involuntary Manslaughter for Writing Texts

You may remember that old adage from childhood, "sticks and stones may break my bones, but words can never hurt me." Well, new case precedent may change that. Recently, a juvenile judge found Michelle Carter guilty of involuntary manslaughter after text messages revealed she urged her boyfriend, Conrad Roy III to "get back in" his truck as it was filling with carbon monoxide.

The troubling relationship between Carter and Roy began back in 2012 when the two were teenagers. Their relationship was largely virtual and included numerous disturbing text messages from Carter where Carter encouraged Roy to take his own life. Roy ultimately capitulated in 2014 after receiving a particularly chilling message from Carter where the then 17-year-old told Roy that the "time is right" and "you need to do it." 

Is a fatigued truck driver responsible for your accident?

Due to the nature of their jobs, truck drivers are often required to drive at night and for long periods of time. The trucking industry is a crucial component to the American economy, yet there are strict regulations in place regarding how many hours a trucker can drive consecutively. 

Fatigued driving is a serious problem, but it can be particularly dangerous for a person who is behind the wheel of a large, heavy truck. Due to the sheer size and weight of a semi truck, accidents involving these vehicles often result in extensive damage and serious injuries. If you were hurt in a truck accident in Texas, there is a chance that a fatigue is to blame.

Some of Mirena's more common, life-threatening side effects

Mirena, a type of intrauterine device (IUD) is different from copper ones in that the former relies on the administration of a dose of the hormone progestin to work effectively. Mirena has grown in popularity among women of child bearing age over the past few years.

This is because, not only can it last up to 10 years, but once implanted, patients have only a 0.2 percent chance of becoming pregnant. Despite the benefits many women have enjoyed by using Mirena, there are just as many horror stories as well.

Are breast implants causing cancer? 3 FAQs

The choice to get breast implants is a very personal decision. This decision can be part of the healing process after a mastectomy or can stem from a desire to build confidence in one's appearance. Regardless of the reasoning behind the decision, it is a fairly common one. Recent statistics show that approximately 400,000 women in the United States get breast implants every year.

There are some risks that come with this procedure, but it appears one risk may have been downplayed: the risk of developing cancer.

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