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Pharmaceutical Liability Archives

Types of drug recalls from the FDA


There are many things that people in Texas purchase to improve their lives. This could be various technology to assist in common household tasks or better televisions, phones and other electronics to make life more enjoyable. People also buy things to improve their bodies and health as well, like vitamins, supplements or pharmaceutical drugs.

What is preemption in a pharmaceutical liability case?

This blog has spent some time discussing the major role the federal Food and Drug Administration plays in regulating the safety of pharmaceutical products in Texas and the rest of the United States. The FDA not only monitors the way companies research, produce and bring drugs to market, but it also approves various uses and warnings of potential side effects of medicines sold throughout the country. While these are important and necessary functions to affect consumers, pharmaceutical manufacturers have used the existence of this regulatory body to attempt to avoid liability for injuries caused by their products.

FDA warns about general anesthetic in late pregnancies

We have previously discussed the role the federal Food and Drug Administration plays in helping regulate the pharmaceutical industry and ensuring a flow of safe, effective medications to patients throughout the United States. Readers may remember that one method FDA uses to help meet this goal is by issuing warnings that are printed on labels that come with drugs that are meant to inform both medical professionals and patients about the potential harm a certain medication may cause. This allows doctors and patients to weigh the benefits and risks of any given course of pharmaceutical treatment and come to a conclusion with which both are comfortable.

Firm Partner Dennis Reich Appointed to the Taxotere Settlement Negotiating Team

Taxotere is a chemotherapy drug that can cause the devastating side effect of permanent hair loss. As part of an effort to try the cases in a systematic and cost-effective manner, multidistrict litigation (MDL) has been ordered, with the pretrial proceedings being consolidated in the Western District of LouisianaDennis Reich Headshot.jpg. In addition, as part of this streamlining process, a panel of lawyers on both the plaintiffs' and defendants' side have been appointed to the Taxotere Settlement Negotiating Team. One of these lawyers includes Reich & Binstock partner Dennis Reich, a founder of our law firm.

What it Means to be a Smart Patient: Do Your Medication Research

Map.jpgMore than ever before, Americans are going to the doctor for their health ailments and getting prescriptions to treat everything from aches and pains to high blood pressure to diabetes. In fact, according to a study conducted by Coyne College in Chicago, each state has a particular flavor in terms of what drugs are searched for the most, perhaps serving as a reflection of the major health concerns in each state. For example, in our home state of Texas, the blood pressure drug, Exforge, is the number one drug searched. In our sister state of Oklahoma, another blood pressure drug, Bystolic, turns up as number one. In California, Viagra has won the day, while in Maine, it's the pain management drug, Suboxone, that rules the roost.

Pharmaceutical liability and Tarceva DOJ settlement

We have previously discussed on this blog the various ways in which the federal government attempts to regulate the marketing and sale of various pharmaceutical products. While this is most often done through the Food and Drug Administration (FDA) with an eye toward preventing harm to the public, at times other federal agencies may need to become involved. One of these, is the Department of Justice (DOJ) which will sue companies when they have violated federal law.

Taxotere and Permanent Hair Loss... Why the Manufacturers have Dirt on Their Hands

It's difficult to go through life without being touched by cancer in some capacity, whether you are personally struck by the disease or have a loved one or friend who is. A cancer diagnosis is both devastating and life-altering. Cancer stealstaxotere bottle.png time and leaves scares, both visible and invisible. The treatments can sometimes feel worse than the disease and can include side effects ranging from fatigue to pain to nausea and vomiting and so much more.

Pharmaceutical liability cases often bring up complex concepts

Previous posts here have discussed the basic interplay of state and federal statutes and regulations with regard to the topic of holding drug manufacturers responsible for defects in the creation and marketing of their products. Unfortunately, in most cases, it takes not only education, but years of experience with such lawsuits to competently handle all the possible complexities presented by cases of this nature around the country. 

When the Supreme Court's Ruling is All Wrong: Generic Drugs and the Doctrine of Preemption

Imagine: You're ill. Your doctor has prescribed you a brand-name drug. You read the warning label and directions. You take the medication. All seems well. Soon, though, you begin to feel horrible. You are rushed to the hospital. Diagnosis: Adverse medication reaction. You are hospital ridden for weeks, missing family time and work. Worst of all, your kidneys are now failing. You bring a lawsuit to recover your damages. You prevail.

Pill Popping Nation: Let Children be Children

It was once expected that children would be playful, adventurous and cute boy girl.pngboisterous. We used to have sayings like "boys will be boys," or "let her be a kid." Nowadays, though, an active child is said to be "disordered" or "mentally ill." They are given labels like ADHD or bipolar and put on dangerous prescription and harsh antipsychotic drugs like Risperdal.

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