Businesses one-step closer to legal immunity for defective or deadly products

The current war against the American consumer by Big Business and the Bush Administration has gotten a bit nastier.  Apparently, this team of powerful executives and government officials have circumvented an unfavorable Congress and are now using agencies such as the Food and Drug Administration to create rules that make it virtually impossible to sue a business for a defective or dangerous product.  With these rules in place, large corporations can continue to sell toxic dog food, toothpaste, lead paint toys, contaminated heparin and dangerous drugs such as Vioxx and Trasylol, while making millions at the expense of injured consumers.

To divert attention from their wrongdoing and avoid legal responsibility, these companies and sympathetic government officials have demonized trial lawyers and families who file suit to recover the costs of medical bills and lost wages.  If these people could spend one day in my shoes as a trial lawyer, they would be forced to face the fact that real lives are ruined by their greedy desire to make a buck.  These CEO’s have never sat across the room from an inconsolable family, (the way I do on a daily basis), trying to cope with the loss of their loved one who died after using drug that the manufacturer knew was dangerous, but released it anyway.  They have never met one-on-one with a hardworking father who is now unable to provide for his children after using a defective product on the job that took his limb.

Despite these hardships faced by unsuspecting consumers, billion dollar corporations and governmental agencies are trying very hard to paint themselves as the victims of meritless lawsuits.  Meanwhile, the real victims—namely American consumers—are losing their homes, steady paychecks and quality of life because of someone else’s negligence.

Bearing the responsibility for negligence is just a fact of life.  If a drunk driver negligently gets behind the wheel of car and hurts someone, that person is entitled to sue for his or her medical bills, etc.  If someone slips on my sidewalk because I negligently decide not to shovel my snow, that person has every right to sue my homeowners insurance for his or her injuries.  Why, then, should a large corporation be held to a different standard for releasing a dangerous or defective product on the market?

The bottom line is that these companies should be held responsible for their actions.  Whether it’s a fine for releasing harmful chemicals into the environment or paying medical bills and lost wages of consumers that were injured by their products, corporations should be held to the same standard as everyone else in this country.  If Big Business and the Bush Administration truly want to “curb lawsuits,” then I suggest they step it up a notch and produce better and safer products that are tested and tried before their release to the American public.  Safe and happy consumers have no reason to file a lawsuit.  It’s really just that simple.

Free Legal Advice: Defective Products

Should Tainted Heparin and Trasylol Victims Be Concerned With The Upcoming Drug Case Before The Supreme Court?

There is no doubt that tainted Heparin victims, Trasylol victims and lawyers alike are concerned with the upcoming decision on Wyeth v. Levine, which is scheduled for a ruling by the Supreme Court this fall.

The issue in this case is whether drug companies should be immune from product liability suits concerning dangerous or defective products if they had prior approval from the FDA. Specifically, the appeal filed in Wyeth v. Levine seeks to overturn a $6.8 million judgment awarded to a Vermont woman that lost part of her arm after doctors injected her with a nausea drug. The lawyers for the drug manufacturer claim that the company is not liable for her injuries because the drug met all necessary FDA requirements and ultimately received FDA approval.

One can only hope that the Supreme Court will see this argument for what it is-just another attempt by a billion dollar drug company to avoid responsibility for a defective product. I heard someone recently put it this way, “So because I passed my driver’s test and the State gave me a license, you can’t sue me if I carelessly wreck your car.” I think that analogy shows just how ridiculous this argument is. Even if you break it down to the issue of “fairness”– no person in their right mind can justify how a woman who is permanently disabled because the FDA and a multi-billion dollar pharmaceutical company released a dangerous product on the market should be faced with economic hardship because her disability check barely pays the bills. Where is the justice in that?

Furthermore, lets consider the people who’s loved ones were killed after receiving a lethal injection of contaminated Heparin. Consider the anxious mothers who became seriously ill after they were placed on a Heparin regiment during pregnancy and are now scared to death of the effects it may have had on their unborn child. How about the patients that sailed through heart surgery, only to die in the recovery room after a lethal dose of Trasylol?

Clearly, a Supreme Court ruling in favor of the drug companies will be nothing more than a license to push questionable drugs through the understaffed FDA and make billions of dollars at the expense of the American people. This is not justice and we can only hope that the Court rules in favor of the little guy in this situation.

Free Legal Advice: Medical Malpractice

Profit Before Health: Bayer Hid Information From FDA About Deadly Drug Trasylol

“Good medicine demands that you protect the patient. That”s the issue here, and not the drug, and not the profit margin,” stated Dr. Dennis Mangano, the San Fransico doctor who conducted the largest study to date concerning the dangers of the anti-bleeding drug Trasylol. Dr. Mangano offered these comments during a scathing report featured on 60 Minutes which revealed that Trasylol”s manufacturer, Bayer, hid studies from the FDA which showed a clear link between the drug and heart and kidney failure. Other doctors interviewed by CBS suggest that Bayer was aware of dangerous side effects from Trasylol as early as the 1980″s.

Trasylol is an anti-bleeding drug that is given to approximately 1/3 of patients undergoing heart surgery. Trasylol was heavily marketed by Bayer and was projected to be the next billion-dollar drug in 2008. Fortunately, Dr. Mangano”s efforts set into motion a chain of events that would eventually put a stop to Bayer”s ability to profit (and profit a lot) from other”s misfortunes.

After following 5,065 patients in 17 countries, Dr. Mangano found that patients given Trasylol were more likely to experience death and kidney failure after heart surgery. This study was then published in the New England Journal of Medicine, which prompted other doctors to speak out regarding the deadly drug. According to Dr. Juergen Fischer, director of the Institute of Experimental Medicine at the University of Cologne, Bayer was not interested in his results from studies conducted in the 1980″s that showed severe kidney damage in animals given Trasylol. Dr. Nicholas Kouchoukos also received the cold shoulder from the pharmaceutical company for his human study in 1992 that showed that patients given Trasylol were more likely to experience kidney failure after surgery.

Kouchoukos called this study a “red flag”, but explained that safety studies are generally not taken seriously until they involve thousands of participants. Since Bayer did not conduct a large-scale investigation of the drug following these complaints, the proof was not available to pull the drug from the market. Consequently the FDA approved Trasylol in 1993–noting kidney problems as a potential side effect from the drug.

Thankfully, Dr. Mangano”s 5,065 patient study in 2005 was sufficient to finally catch the FDA”s attention. The FDA scheduled a meeting with Bayer executives to discuss the issue eight months after the report was issued. As a result, Bayer went on the defense and set out to conduct a study of it”s own to dispute Dr. Mangano”s study. Their plan backfired. Bayer”s study confirmed Dr. Mangano”s findings that Trasylol may have been responsible for thousands of deaths and serious injuries in the United States.

What Bayer decided to do with this information next, in my opinion, proves the company”s clear disregard for patient safety. Bayer hid their study from the FDA. They acted as though it never took place. It wasn”t until a whistleblower from Bayer contacted the FDA regarding the proven dangers of Trasylol that the true findings from the report were made public. Following this disclosure, Canadian researchers attempted to perform their own Trasylol study, but had to stop because too many people were dying.

So what are the consequences of Bayer”s lack of scientific testing and honesty regarding Trasylol? According to Dr. Mangano, “Between my study and November 5, when it was taken off the market, there were approximately 431,000 patients who received the drug. As I calculated, 22,000 lives could have been saved. It”s about a 1,000 lives saved per month delay in taking that drug off the market.”

Sad. And while the story reads like a bad novel, real people”s lives have been ruined by this drug. Loved ones have died or were forced to go on dialysis after otherwise routine procedures. Livelihoods were stolen as injured patients struggle just to pay the bills with their meager disability check. Ironically, Bayer walks away with millions of dollars and no consequences from the FDA. And I can almost guarantee that the politicians in Washington will turn a blind eye as well. After all, they need a paycheck too and who do you think funds the campaign that allows them to stay in office? The pharmaceutical companies of course. What politician in his right mind would bite the hand that feeds him?

Clearly, the only remedy for patients that have experienced side effects from Trasylol is to file a lawsuit against Bayer. It”s more than just money-it”s the only way to change the system. Complaints to the FDA do not work. Letters to Washington do not work. Pharmaceutical sales are big business driven by the desire for profit at any cost. To change the system, the American people have to take what matters the most from these companies-their profit. When they finally realize that they will have to pay for hurting people, maybe they will invest some of their billions into better scientific testing and personnel to handle investigations before drugs like Trasylol, Vioxx and now Heparin take the lives of trusting people who depend on this medicine to make them better, not worse.

Alternatively, if you or a loved one may have suffered a serious reaction to Trasylol, a lawyer in our New Jersey or Philadelphia office can help answer any questions you may have. For further information on Trasylol or Trasylol side effects, click on the links below:

New Jersey Medical Malpractice Attorney