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Pharmaceutical Liability Archives

Insurance Companies Enter the War on Drugs

The opioid crisis has been grabbing headlines for years as overdoses skyrocket and the victims become move diverse (suburban teens, professionals, otherwise law-abiding citizens). Blame constantly shifts from lawmakers to doctors to pharmacists to manufacturers and to users. The starting point is usually aimed at Purdue Pharmaceuticals who pushed to have pain be the "fifth vital sign" for doctors to better understand a patient's state. And when pain was present, Purdue had the perfect remedy - the new "non-addictive" painkiller, Oxycontin, a time-release version of the opioid oxycodone. Their reasoning behind the non addictiveness was because the drug was released slowly over a period of time, which would deter recreational users while managing the pain of legitimate patients.

Children's Advil Recall

Do you have a children's Advil bottle in your medicine cabinet? Great! Ibuprofen is an excellent pain reliever. Is it four ounces? Ok, pretty standard. Is it...bubble gum flavored? Uh oh. Normally this would be a typical product...perfectly safe at therapeutic doses, but the recent 4 oz bubble gum children's Advil lists the dosages out of whack.

A Pain in the Mouth

Many people assume drugs from a pharmacy, especially those sold over the counter, are safe. Most are when taken as directed, but a new warning has surfaced regarding a popular medication used to combat mouth pain, especially in teething children.

Opioid Addiction Mitigated in States with Legal Marijuana

Two recently published studies suggest that states with legal marijuana have less prevalent use of opioids, and less of chance to be addicted to opioids in the future. One study, which primarily used the data of Medicare patients over the age of 65, founds 14% reduction in opioid prescription in states that have legalized medical marijuana.

Born Addicted: The Smallest Victims of the Opioid Crisis

America's opioid crisis has become known throughout the country as the "epidemic of epidemics." In 2016, alone, opioid overdoses claimed 64,000 lives, a number greater than the entire death toll during the Vietnam War. The suffering undergone by addicts and their families is immense. Yet, the most innocent suffers are the ones who are the smallest, most fragile and most innocent-babies born to opioid addicted mothers and who are addicted, themselves.

Understanding lawsuits and the opiate drug epidemic

According to the Centers for Disease Control, from 2000 to 2015 more than half a million people died from drug overdoses, with 91 Americans dying every day from an opioid-related overdose. Opiates have surpassed heart disease, cancer and lower respiratory disease as the leading cause of death in people under 50 in the United States.

The Future of Mass Tort--An Extinct or Weakened Animal?

Recently, the Supreme Court made a major ruling on the topic of personal jurisdiction in the case of Bristol-Myers Squibb Co. v. Superior Court of Californiafuture of mass tort law.jpg("BMS"). Personal jurisdiction refers to the court's power over the parities in a lawsuit. Personal jurisdiction has and may always be a thorn in the side of plaintiff attorneys.

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.

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.

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