July 2010 Archives

July 29, 2010

New Mexico State Employees can sue State Agencies

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.

July 26, 2010

Avandia Clinical Trials Partially Stopped

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 " »

July 20, 2010

Manufacturers of dangerous drugs should not be immune from liability

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" »

July 14, 2010

FDA AVANDIA Hearing - Day Two update

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.

July 14, 2010

FDA AVANDIA Hearing - Day Two

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.

July 13, 2010


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.

July 5, 2010

New Reports Link Avandia To Increased Risk Of Heart Attack

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" »

July 3, 2010

Chondrolysis linked to intra-articular infusions

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.