New Mexico Injury Lawyer Blog

Government employees working in New Mexico will now be able to bring a lawsuit before the New Mexico court system. It is important to hold state agencies acting negligent accountable and with the diligent work done by the Attorneys at the Branch Law Firm client Sarah Quintero, 53, who sustained a compound leg fracture in 2006 when she fell into an 18-inch chuckhole in an unlit state Department of Transportation parking lot will now be able to file a lawsuit against the state agency.

Quintero sued in state District Court, but because she had worked for the state Department of Public Safety, the judge ruled she fell under the Workers Compensation Act and dismissed her complaint. In the most recent case, a divided New Mexico Court of Appeals reversed a state District Court's dismissal of a personal injury suit brought by Quintero.

The decision was hailed as a victory by Frank Balderrama of the Branch Law Firm, who represents Quintero. "Now Ms. Quintero can go after DOT for their negligence," he said.

Last week the Food and Drug Administration (FDA) advisory panel recommended that Avandia - a popular diabetes drug linked to higher risk of heart attack - contain either stronger warning labels or restrict its use.

Avandia is developed and manufactured by GlaxoSmithKline.

In addition to a well-documented increased risk of heart attack, Avandia has been shown to lead to other health complications such as:
• Stroke
• Congestive heart failure
• Liver damage
• Swelling of arms and legs

In the wake of last week's recommendation for stronger warning labels, the FDA has put a hold on the long-term TIDE study, which compared Avandia with a similar diabetes drug, Actos. Critics have long questioned the ethics of using diabetic patients as "human guinea pigs" to assess the level of risk associated with taking Avandia.

As New Mexico personal injury attorneys concerned about dangerous drugs, not only do we support stopping the clinical trials of Avandia which continue to put more consumers at risk, but believe this dangerous drug must be taken off the market before more people suffer deaths ad serious injuries as the result of Avandia.

Continue reading "Avandia Clinical Trials Partially Stopped " »

The Sixth Circuit Court of Appeals has recently submitted a question to the Food and Drug Administration requesting a response to its position on immunity. At issue is the claim by manufacturers that because the FDA regulates prescription drugs, once the drugs they make have received FDA "approval," drug manufacturers cannot be held liable for the harm - sometimes life threatening - these products cause.

In the landmark case, Wyeth v. Levine, the U.S. Supreme Court determined that federal regulation of prescription drug labels does not grant manufacturers liability.

Makers of Reglan, a generic drug used to treat Gastroesohageal reflux (GER) and Gastroesophaegeal reflus disease (GERD) are now trying to use preemption arguments to avoid liability for harm caused by use of their dangerous products.

Reglan poses the threat of developing Tardive Dyskinesia (TD), a disabling and permanent movement disorder often characterized by shaking spells, blinking and slurred speech. Users have claimed that the generic drug's label failed to warn consumers of the risks of use.

Last year, the Eight Circuit determined that generic manufactures must provide warnings, even if the name-brand drug label doesn't contain the warning.

Continue reading "Manufacturers of dangerous drugs should not be immune from liability" »

The officials voting today were presented with multiple choice questions. Question three had a choice of

A. The data provides sufficient evidence to raise significant safety concerns in diabetes type 2 patients taking Rosiglitazone (Avandia).

B. The data does not provide sufficient evidence to raise significant safety concerns in diabetes type 2 patients taking Avandia.

C. There is not enough evidence to make a decision.

The answers to this question resulted in the doctors choosing

A. 21
B. 4
C. 8

This is a good result for patients taking Avandia who have experienced grave morbid effects because the officials voting are all well trained and educated professionals. We hope that yesterday's and today's hearing will provide the FDA enough proof and support to make a decision to pull Avandia off the market.

Wednesday July 14th, 2010

Today officials meet again in Gaithersburg, Maryland to discuss the fate of the diabetes drug Avandia. FDA decision makers are given instructions to answer multiple choice questions that start with the following: Please select the following: A. Avandia (Rosiglitazone) should continue on the market and the black box warning should be removed. B. Avandia should be taken off the market or C. I cannot make a decision with the provided information.

We have reviewed many documents and studies that show Avandia does increase the risk of Ischemic Cardiovascualr Events (ICE). We choose option B and believe people who suffered from harmful side effects while taking Avandia should be allowed to receive justice for Glaxo Smith Klein's negligence.

If you have or are taking Avandia (Rosiglitazone) please seek out the assistance of the Branch Law Firm . We have the resources to take action against the large corporation, Glaxo Smith Klein (GSK), for the wrong doings and substantial safety concerns that have occurred.

Today, July 13th, 2010, the FDA is currently hosting a hearing regarding the dangerous drug Avandia. Please see our links in MEDIA to view recent news clips from CNN. As personal injury attorneys we believe Avandia is harmful and consequently should be removed from the market. If you or a loved one has taken Avandia please seek out information on how you can be represented by the Branch Law Firm. We are dedicated to helping injured victims nationally and are fully capable of working to get you a settlement that is deserved for your suffering.

This past week new studies reported that Avandia poses a substantially greater risk of heart attacks for its users. Avandia is a diabetes drug prescribed to thousands of diabetics in New Mexico and throughout the United States.

In one study, published by the AMA, researchers studied more than 227,000 people who took Avandia and found a significantly increased risk of stroke, heart failure and death.

In another study, published in the Archives of Internal Medicine, confirmed Steven Nissen's 2007 report indicating that Avandia can increase the risk of heart attack by 43%.

However, recent statements by the FDA indicate that even where studies indicate a product is dangerous, little urgency exists to remove it. The head of FDA's drug approval division, Janet Woodcock defends Avandia's safety, stating its benefits still outweigh its risk. With Avandia, several years of reports and thousands of lawsuits have provided both concrete and anecdotal evidence of the potentially fatal side effects of the drug.

Continue reading "New Reports Link Avandia To Increased Risk Of Heart Attack" »

Medical Article Published in June of Nursing2010 by Joan Ferlo Todd, RN. Article discusses the injury caused to people who have underwent shoulder arthroscopy. Click on the link to read the full article: FDA Alerts and Notices :Harmful Medical Devices.

Reglan is a presciption drug pushed by pharmaceutical companies to patients to treat Gastroesophageal relfux (GER) Gastroesophaegeal reflux disease (GERD). Many studies dating back from the 1970s, have shown that Reglan is ineffective in resolving GER and GERD. A 2006 study published in Nature Clinical Practice: Gastroenterology & Hepatology concluded that "the evidence base for the use of [metoclopramide for GERD] is weak, with little or no sustained effect on acid exposure or healing of esophagitis." The studies also indicate patients suffer from irreversible side effect if used for longer than a 12 week period called Tardive Dyskinesia. TD is a tragic life-long medical condition that causes involuntary and abnormal body movement.

TAKE ACTION

If you or a loved one has taken Reglan and have experienced any of the harmful side effects listed below please seek the help of the Branch Law Firm. Fill out a contact form or call us today so that we can conduct a thorough evaluation of your Reglan use and any damaging or irreversible symptoms that you have experienced.

Please see our Avandia information page to learn about the most up to date news on the harmful diabetes drug. The attorneys and lawyers at the Branch Law Firm can help you take action against the pharmaceutical giant Glaxo Smith Kline, makers of the diabetes drug Avandia; also known as Rosiglitazone

A 19-year old bicyclist riding cross-country to raise money for breast cancer research died after being struck by a car. He was part of a team of cyclists riding to raise money for the Susan G. Komen Foundation.

The car/bike collision occurred near Laguna, New Mexico, about 50 miles west of Albuquerque. Witnesses report that the truck came around a bend on the narrow, two-way State Route 124, one of New Mexico's most dangerous roadways and hit the cyclist. The SUV driver was driving on the apron when the accident occurred.

The collision is still under investigation.

Although he was treated immediately, the bicyclist's head injuries were too severe and he was declared brain dead shortly after being admitted to the hospital.

The bicyclist was a student at the University of Colorado, majoring in biological and chemical engineering. A spokesman from the University stated, "it's a tragic loss for his family and the university community."

Car accidents can happen in an instant, but may change the lives of the victims and their families forever. Here, this accident underscored the need for safety on New Mexico's roads and thoroughfares and the real dangers that face bicyclists trying to traverse through narrow stretches of roadway.

Continue reading "Tragic New Mexico Car Accident Kills Cyclist" »

Recent studies have revealed that the military medical system has failed to diagnose traumatic brain injuries (TBI's) in hundreds, if not thousands, of troops who served in Iraq and Afghanistan. Many times, these individuals receive little or no treatment for the effects of these debilitating injuries.

TBIs from the war are often mild and occur as the result of shock waves from roadside bombs which shake through soldiers skulls and brains, similar to a TBI caused by a car accident, resulting in both physical and mental injuries. Officials estimate about 115,000 troops have suffered TBIs, but others say the figure is much higher.

Even mild TBIs can lead to long-term problems such as

• Lapses in memory and cognition
• Difficulty concentrating
• Problems with coordination
• Emotional issues
• Dizziness

However, unlike car accident victims who are often monitored for head injuries, even when TBIs are diagnosed in troops, the information may not be officially documented and the soldiers fail to receive adequate treatment.

If treated early on, the effects of a traumatic brain injuries can be lessened, and help improve both memory and decision-making. If left untreated though, symptoms can worsen to the point where victims can no longer drive, understand what they've read or recall much of their past.

Continue reading "Traumatic Brain Injuries In Thousands of Troops Go Undiagnosed" »

Last week the Department of Health and Human Services announced millions of dollars in grants to states to address medical malpractice. These grants will go to state health departments, universities and medical centers for demonstration projects designed to reduce injuries, decrease the numbers of lawsuits, improve doctor/patient communication and lower liability insurance premiums.

These funds were approved after recent studies show that despite calls of a lawsuit crisis and insurance crisis - the real issue is way too much medical malpractice exists causing catastrophic injuries. Preventable medical negligence may occur because of untrained/unsupervised residents making prescription errors. It may occur when a small handful of doctors act negligently and states fail to adequately discipline them. Negligence may occur when communication fails between hospital staff.

Medical negligence does not occur as the result of lawyers bringing lawsuits.

Much of the recently approved grant money will go toward programs designed to improve patient safety such as improving communication. However, monies will also go towards programs focused on early disclosure and compensation. Although prompt attention to malpractice claims can be beneficial, models emphasizing early disclosure and settlement of cases often fail to address the root cause of malpractice and provide inadequate compensation to the victims of gross negligence.

Continue reading "Grants Awarded To Study Medical Malpractice " »

Preventable medical errors are the sixth biggest killer in America and account for an estimated 98,000 deaths in the United States each year. A new study has found that the number of medical mistakes per month is fairly steady - except for in July when the error rate goes up nearly 10 percent.

This increase in medical error rate also corresponds to the influx of newly graduated doctors who are admitted to work in teaching hospitals. The study finds 'the great the number of teaching hospitals, the greater the July Effect for ..[fatal] medication errors." Much anecdotal evidence supports the so-called "July Effect, " but this is the first study to provide concrete results. One of the disturbing conclusions found significantly higher numbers of deaths due to medication error, even when resident's hours were decreased.

As New Mexico medical malpractice attorneys, we believe medical errors by should never occur. Now evidence shows that July - when new doctors receive training by working on us - is an even more frightening and dangerous time to head to the hospital. Hospitals must do more to ensure our safety.

Continue reading "Medical Malpractice Highest in July" »

The following is a guest post from the Illinois personal injury attorneys of Dolan Law Offices:

With the Memorial Day Weekend behind us, it is time to reflect on the busy summer driving season. The summer months are notoriously the worst for drunk driving accidents in New Mexico and across the nation.
This year the DWI Resource Center worked with the Albuquerque Police and the New Mexico State Police to identify the 5 Albuquerque intersections most likely to have DWI crashes. With the aid of a computer program, the DWI Resource Center looked at data such as history of drunk driving accidents that caused personal injuries, the proximity of bars and liquor stores, and traffic patterns.*

Using this information, they found that the top 5 likely locations for Albuquerque DWI accidents over the holiday weekend were:

1. Wyoming and Montgomery;
2. Central and Coors;
3. Coors and Blake;
4. Coors and Quail; and
5. Menaul and Carlisle.

While this data is useful and allows police to better plan sobriety checkpoints and to help the public avoid personal injury accidents, drunk driving accidents will continue to occur. Accidents can happen anywhere at any time. It is important to remain vigilant about the drivers around you in order to avoid the significant injuries, and devastating fatalities, that can result from a drunk driving accident. If you are in an accident then it is important to contact a personal injury lawyer as soon as possible to protect your rights and to discuss your potential recovery.

Dolan Law Offices provides representation to people hurt in drunk driving accidents and other personal injury accidents throughout the state of Illinois.

*Source: www.KRQE.com "Alcohol Related Crash Holiday Hot Spots" by Ian Schwartz, May 29, 2010