New Mexico Injury Lawyer Blog

The U.S. Senate Finance Committee has recently issued a report on Avandia, a controversial drug produced by GlaxoSmithKline ("GSK") to control diabetes.

According to the report, GSK knew of possible heart attack risks tied to Avandia many years before the information became public.

The report unequivocally states "GSK had a duty to sufficiently warn patients and the FDA of its concerns in a timely manner."

However, according to the report, GSK failed to warn patients and states: "GSK executives intimidated independent physicians, focused on strategies to minimize findings that Avandia may increase cardiovascular risk, and sought ways to downplay findings that the rival drug ACTOS (pioglitazone) might reduce cardiovascular risk."

This latest report reveals in great detail the length that pharmaceutical companies are willing to go to avoid revealing legitimate health risks associated with their drugs. It further exposes the widespread practice of pharmaceutical companies using supposedly "independent" scientific research to bolster their claims, when in actuality the company has sponsored the research.

Adding to the controversy, questions remain why the U.S. FDA continued to allow clinical trials of Avandia even after the agency estimated that the drug caused 83,000 heart attacks between 1999 and 2007.

In addition to heart attacks, Avandia has been linked to several significant health risks including:

• Congestive heart failure
• Liver damage
• Increased cholesterol levels
• Swelling of arms and legs
• Anemia
• Fluid retention

Continue reading "New Mexico Dangerous Drugs - GlaxoSmithKline Has Duty To Warn Of Avandia Risks " »

Despite growing claims of gallbladder problems and increased litigation, Bayer Health Care Inc. continues to market Yaz and Yasmin, without adequate warning of the potential gallbladder risks.

If you've been taking one of these birth control pills, contact a New Mexico personal injury attorney immediately for more information.

The popular birth control pill Yaz, and its counterpart Yasmin, have been linked to severe gall bladder problems, including gallstones, in otherwise healthy women. Often, these women had no gall bladder problems nor had any of the traditional risk factors for gall bladder disease before taking the pills. Typical risk factors include multiple pregnancies, obesity and rapid weight loss.

Under normal circumstances, bile is produced by the liver and travels to the gallbladder, where it stays until it is released into the small intestine. However, the composition of bile is changed in women who take Yaz and Yasmin. Studies have linked the hormones in Yaz and Yasmin to increased cholesterol levels in bile that causes the bile to harden and form gallstones. Gallstones can become excruciatingly painful and cause gallbladder inflammation and disease.

Symptoms of gallbladder problems include - but are not limited to:

• Pain or discomfort in the upper right side of the abdomen
• Nausea
• Diarrhea
• Abdominal bloating
• Jaundice

However, in many cases, gallstones are asymptomatic. The stones may not be discovered until years later when they become extremely painful. At that point, surgical removal of the gall bladder may be your only option. Even after surgery is completed, many women still face gallbladder removal side effects.

Continue reading "New Mexico Women Taking Yaz At Risk For Gallbladder Disease" »

On January 21, 21010 Toyota Motor Sales, U.S.A., Inc. recalled and suspended sales on several different models of its cars due to a defect in the accelerator pedal. The recall affects 3.1 million vehicles. As a result of the defect, the accelerator pedal sticks causing sudden acceleration. These "run-away" vehicles have caused serious accidents, injuries and deaths.

ABC News reports that despite Toyota's decision to recall the vehicles and fix the sudden accelerator problems, this is not enough. Toyota plans to change the design of its accelerator pedals as well as the shape of the floor under the pedal, claiming that this will address the root cause for the potential risk for floor mat entrapment.

However, evidence exists that the electronic throttle control system is to blame. Toyota continues to deny this as the reasons for the accelerator problem and continues its focus on the floor mats.

As New Mexico personal injury attorneys concerned for your safety, we urge anyone driving a Toyota to determine whether your vehicle is affected by the recall. For more information, or if you or a loved one has been injured in a collision involving a recalled Toyota, please contact the Branch Law Firm.

The Zimmer Durom Cup, also known as the Zimmer Durom Acetabular component, was introduced in the U.S. in 2006 and meant to be an improvement over traditional hip replacement components. Instead of using screws, cement or epoxy to secure the Cup, the Cup was intended to bond to the patient's hip socket as bone grows into the device's shell.

However, almost as soon as the Durom Cup was introduced, problems with the hip replacement components began. Rather than being an improvement over previous hip replacement components, the Cup has been linked to serious problems, including excruciating pain requiring additional hip replacement surgery. Often, the bone doesn't grow into the device correctly and the metal socket loosens and separates, grinding against the bone as it moves.

As a result, lawsuits against Zimmer Holdings Inc. are on the rise. These lawsuits allege both that the hip replacement system is defective and that Zimmer failed to provide adequately warning or instructions about the proper use and the proper techniques for implantation.

Despite a brief suspension of the sale of the Zimmer Durom cup in 2008, Zimmer continues to manufacturer and sell these components and remains a dominant force in the hip replacement market.

Continue reading "Zimmer Durom Cup Lawsuits On The Rise" »

A soon to be published report by the American Diabetes Association has found that the number of heart attacks by diabetic patients who took Avandia is double that of those who took a different oral diabetic medication. In the study, Harvard University researchers analyzed clinical data from more than 26,375 patients from 2000 to 2006 in the Boston area who took at least one oral diabetes medication. Of these patients, the incidence of heart attack among Avandia users was more than double that of those who used a different drug.

Further, a jointly sponsored study by both GlaxoSmithKline and i3 Drug Safety showed that diabetic patients who took Avandia had a 35-41% increased risk of heart attack over users of Actos, Avandia's main competitor.

These findings reinforce the claims of thousands of former users - that Avandia causes serious illnesses and complications, including heart attack and death, within an already vulnerable population. In fact, over 13,000 former Avandia users have filed claims against GlaxoSmithKline in both Federal and State court as the result of significant illnesses and complications.

However, despite these known, life-threatening dangers associated with Avandia, GlaxoSmithKline still continues to market and sell the drug, placing thousands of people at risk. This is unacceptable.

Continue reading "Harvard Study Links Avandia To Increased Risk of Heart Attack" »

On January 22, an Oregon jury awarded a chondrolysis patient nearly $5.5 million in compensation. According New York Times, more than 150 such lawsuits are currently making their way through the court system.

Chondrolysis is a rare ailment in which joint cartilage dies, resulting in bone grinding on bone. Many times this surgery affects athletes, ending their athletic careers and leaving them with a lifetime of pain and disability.

Litigation against pain pump manufacturers, pharmaceutical companies and physicians using the pumps has exploded recently as more and more patients are discovering injuries attributable to the use of pain pumps during surgery. The pumps deliver controlled doses of pain medication directly to the surgical site, and often eliminate the need for post-surgical pain medication.

Findings suggest using these pain pumps in surgery causes shoulder joint cartilage to break down, resulting in pain and loss of mobility.

In November, the FDA issued a bulletin stating that it had never approved the use of shoulder pain pumps directly with joints. Doctors counter this, arguing that labels on pain pumps were vague and labels did not specifically warn against use of pain pumps in the joints.

Continue reading "New Mexico Medical Devices - Studies Link Pain Pumps To Cartilage Deterioration" »

Less than a month into 2010, the Consumer Product Safety Commission has already recalled dozens of products - including a massive crib recall of 635,000 Dorel Asia Cribs. The recall came after reports of 10 separate injuries and one infant death as a result of being trapped and strangled by a defective crib. The Dorel Asia crib's drop side hardware can fail, causing the drop side to detach and allow a gap between the crib and mattress where an infant or toddler can become trapped, suffocated or strangled.

With 20 different models being sold at stores throughout the United States, including Walmart and Sears, the potential for more serious injuries and deaths is widespread.

The recent recall is but the latest in a long list of crib recalls. In fact, more than 5 million cribs, bassinets and play yards have been recalled since 2007. These include such popular cribs as the Simplicity Drop Side Crib, Babi Italia Pinehurst and Delta Enterprise Drop Side Cribs, Stork Craft Baby Cribs and Convertible Cribs by Playkids, USA.

As a result of the dangers presented by cribs and bassinets, it's crucial to check resources such as the CPSC's crib information center to see if the crib, bassinet or play yard in your nursery is on the recall list.

Continue reading "New Mexico Defective Products - Crib Recalls Escalate" »

In a victory for consumers, last Friday the Fifth Circuit Court of Appeals agreed with the lower court that individuals may sue generic drug makers in state court for the "failure to warn" consumers of of potentially dangerous side effects from taking their drugs. This decision shadows last March's Supreme Court decision in Wyeth v. Levine, which held that federal law did not pre-empt state law failure to warn claims against pharmaceutical companies.

The U.S. Fifth Circuit of Appeals joins a handful of federal district courts that have extended Wyeth v. Levine to cover generic drugs. However, the issue has divided a "rapidly growing" number of district courts which may increase chances of Supreme Court review.

The Tenth Circuit Court of Appeals has not yet weighed in on whether Wyeth v. Levine extends to generic drug manufacturers.

However, as dedicated personal injury attorneys concerned about dangerous drugs, we believe that the right to sue in state court for the failure to warn must apply equally to generic drugs as it does to their name brand counterparts. Any other conclusion would lead to inconsistent results and unjustly deny recourse to those who suffer dangerous side effects as the result of taking generic drugs.

Changing his previous stance, Dr. Craig Postlewaite, the U.S. military's senior health protection official has recently admitted that some "service members might suffer long-term medical problems as a direct result of exposure to smoke and fumes from open-air pits scattered throughout Iraq and Afghanistan."

Further, after repeated denial by the U.S Military of any ill effects of burn pit exposure, now comes word that the Department of Defense has finally agreed to study burn pit exposure impact.

"Burn pits" are open-air pits which burn everything from shoes to tires to body parts, exposing anyone nearby to harmful toxins including arsenic, formaldehyde and hydrogen cyanide.

Inhaling burn pit smoke has been linked to acute health effects including rare blood disorders, cancer, eye irritation, pulmonary and respiratory ailments. The DOD study comes on the heels of several lawsuits attacking Halliburton and KBR for their use of these pits. In fact, 32 lawsuits in 32 states have been filed across the country alleging injuries to our service people and military contractors as a direct result of exposure to burn pit emissions in Iraq and Afghanistan.

President Obama has vowed that the burn pits will not become another Agent Orange.

Continue reading "Government To Study Effects Of Toxic Burn Pits In Iraq And Afghanistan" »

The Medical Device Safety Act of 2009 (the "MDSA") is one of this year's top pieces of consumer rights legislation. This crucial legislation seeks to protect patients from dangerous and defective medical devices by reversing the effect of the Supreme Court's ruling in Riegel v. Medtronic. Riegel provides blanket immunity from liability to some medical device manufacturers if those devices have received pre-market approval by the FDA. Those immune from liability include manufacturers of replacement heart valves, silicon breast implants and pace-makers.

As a direct result of Riegel, many medical device recipients have been denied the opportunity to seek compensation for injuries, lost wages and medical expenses when harmed by defective medical devices or inadequate warnings.

If passed, the MDSA would restore injured patients' rights to seek justice in the courts when medical devices have failed.

As New Mexico medical device safety attorneys, we believe it is critical that Congress act to protect the safety of consumers and support the MDSA. Serious - sometimes fatal - injuries occur as a result of defective medical products. These products may be placed in the stream of commerce, and into our bodies, without sufficient safety studies. Consumer lawsuits are necessary to hold manufacturers accountable for their dangerous products.

Passing the MDSA will put safety and consumers first.

Continue reading "New Mexico Medical Device Law - Passing The MDSA Is Crucial To Patient Safety" »

Driving a truck can be a dangerous job. In the last few weeks, weather conditions having created hazardous driving conditions all across New Mexico. Drivers need to be alert and focused to handle the perils of the road.

Unfortunately, in an effort to increase profits, some trucking companies push their drivers to exhaustion, violating hours of service requirements and circumventing logbook rules and regulations. Further truckers - under pressure to make tight delivery schedules - may falsify logbook entries in order to conceal driving in excess of the maximum number of hours allowed.

Within the next several months the Federal Motor Carrier Safety Administration (FMCSA) will be reviewing and re-writing the current hours of service rule which lengthened the time drivers could spend behind the wheel before resting. This rule allows truckers to drive up to 11 hours following a break.

Earlier this year, a coalition of advocates released a study showing that the current hours of service rule is unsafe for the public and unhealthy for drivers. Rather than focusing on safety, the current guidelines push drivers to stay on the road while tired in order to meet tight deadlines, increasing truckers' and other motorists' risks.

As New Mexico trucking negligence attorneys we urge the FMCSA to seriously consider reducing the number of hours truckers may be forced to drive. Driver fatigue can lead to tragic accidents - putting both the lives of our truckers and others sharing the road at too great a risk.

Last month a former nursing home caretaker - Anthony Joseph Garcia was sentenced to 5 ½ years in jail for beating a man in his care. A subsequent investigation performed after the beating revealed that Garcia had a lengthy criminal record including three prior felony and rape charges.

By law, nursing homes are required to perform background checks prior to hiring caretakers. If a caretaker has been convicted of a felony, he or she is prohibited from working at a nursing home.

While it is unclear whether a pre-employment screening was conducted, Mr. Garcia slipped through the cracks. His job gave him access to the residents, where he severely beat and injured an elderly man.

Sadly, this is not an isolated incident. In a recent study, over 80% of nursing homes in New Mexico violated federal health and safety standards. Almost 20% had a violation that caused actual harm to residents or placed them at risk of death or serious injury. The types of violations are widespread - from failing to perform adequate background checks on those hired, to abuse and neglect.

While many nursing homes provide a wonderful community for our elders, others may be taking advantage of or harming those most vulnerable. Signs of abuse and neglect include:

• Sudden changes in behavior
• Unexplained bruises, welts, black eyes or broken bones
• Dehydration and malnutrition
• Bed sores

With the holiday season upon us, many of us will visit loved ones in nursing homes. As New Mexico personal injury attorneys dedicated to assisting nursing home residents and their families, we believe we should use this opportunity to ensure our elders are being well cared for in their twilight years.

Last week an Ohio woman, Mae Walker, filed a lawsuit against the maker of the popular birth-control pill Yaz. She joins hundreds of women across the county claiming that the company - Bayer - failed to warn about the serious, and possibly life-threatening side effects of taking Yaz.

Walker's suit alleges that she developed deep vein thrombosis (DVT) in her left leg after taking Yaz for about a year. DVT is especially dangerous because of the potential for pulmonary embolism - a life-threatening condition where the blood clot breaks off and travels to the lung. Fortunately for Walker, she was hospitalized and given anti-clotting medication to help prevent this serious complication.

Lawsuits concerning Yaz, Yasmin, and Ocella - are gaining momentum all over the United States. At issue - Bayer's duty to warn women about the potential side effects of taking this popular contraception. These consequences include an increased risk of death, blood clots, strokes, kidney failure and even sudden death.

Many perfectly healthy women such as Mae Walker, have developed serious side effects after taking these birth control pills. It is unknown how many women in New Mexico alone have taken Yaz, Yasmin or the generic equivalent, Ocella.

Along with claim of inadequate warnings, many lawsuits also include allegations of improper advertising and marketing by Bayer. Yasmin was aggressively marketed as being better than other oral contraceptives for acne, weight control and premenstrual syndrome (PMS).

Continue reading "New Mexico Dangerous Drugs - Yaz and Yasmin Lawsuits Gaining Momentum" »

On Monday, the U.S. Senate began debating the historical health care plan designed to reform the nation's health care system by changing the way insurance companies do business. Senator Henry Reid's (D-Nev) bill will provide much needed reform and assistance to the millions of Americans who pay exorbitant fees for health care coverage, are denied coverage or who receive inadequate health care coverage. But critics - including medical malpractice defense attorneys, insurance companies and hospitals - seek to prevent passage of this historic measure by arguing that health reform must also include "tort reform." These naysayers argue that in order to adequately address health care reform, we must also cap damages in medical malpractice actions (which would limit the amount awarded to the catastrophically injured as a result of physician and hospital negligence.) However, studies have shown that capping medical malpractice awards has little overall effect on the cost of health care. In fact, New Mexico has some of the least restrictive tort reform laws and also ranks as one of the lowest states in health care costs. Limiting the amount those who have been catastrophically injured may recover due to physician malpractice, human error and hospital negligence shifts the financial burden from those who caused the injury to those suffering the consequences. Those individuals become victims twice - first as a result of medical negligence and second as a result of the court system denying their right to adequate compensation. Further, tort reformers' claims that physicians' fear of lawsuits - so called "defensive medicine"- has contributed to the overall cost of health care have been greatly exaggerated. Studies show that the costs of physicians practicing "defensive medicine" have little if any impact on the overall cost of healthcare.

Continue reading "New Mexico Medical Malpractice - Tort Reforms Hurts Those Most In Need" »