Pharmaceutical Liability

Wapner Newman has developed a reputation for the handling of pharmaceutical liability claims. Prescription and over-the-counter (OTC) medications are meant to enhance health and bring relief from ailments, but sometimes a drug that is intended to help instead causes injury. This may occur because clinical trials usually are not large enough to determine increased risks for contracting rare diseases, when drugs are prescribed to the wrong patients or when co-prescribed with other drugs.

Drug manufacturers, pharmacists and doctors have a responsibility to ensure that the drugs they prescribe their patients do not cause harm. Some drugs have dangerous side effects, while others have the potential to cause long-term damage. These drugs are often the subjects of later recalls. While the Food and Drug Administration (FDA) plays a regulatory role in approving and monitoring drug safety following approval, the manufacturer is ultimately liable for any injuries from their medications.

Our Drug Liability Department investigates cases involving dangerous drugs such as Propulsid, Baycol, Rezulin, Phenylpropanolamine (PPA), diet drugs (Fen-Phen and Redux), vaccines, Ephedra and Lotronex. These drugs have caused injuries and even death in patients, and many are no longer prescribed to patients or sold OTC.

A particular threat to consumers is the pain medication, Vioxx. Even though Vioxx was withdrawn from the market in 2004, the side effects of the drug continue to take their toll, resulting in increased risks of heart attack and stroke. Because the drug's maker, Merck, was aware of these side effects as early as 2000, the company was forced to pay $4.85 billion to settle 27,000 lawsuits. Click here to read an article in The New York Times regarding the latest verdict, and if you or a family member have suffered an injury after taking the drug, contact the attorneys at Wapner Newman to get the compensation you deserve.

If you or someone you know has suffered catastrophic injuries from taking unsafe drugs, our pharmaceutical litigation lawyers can assist you in evaluating your case. Click here to contact us for a free case evaluation.

*** SUPREME COURT RULES DRUGMAKERS LIABLE IN LAWSUITS ***

This month, the Supreme Court ruled that federal approval of a drug is no protection from lawsuits in state courts. The Supreme Court's decision to uphold a $6.7 million verdict against Wyeth is a victory for consumers who have been harmed by drugs.

Rejecting calls for limits on lawsuits against drug companies, the Supreme Court upheld the award against Wyeth Pharmaceuticals. The court rejected Wyeth's claim that the FDA's approval of the drug and its warning label shielded the company from lawsuits.

The case involved a woman who lost her arm after a botched injection of Wyeth's nausea medication Phenergan. Wyeth had argued that product liability suits are pre-empted if the FDA approved the product and any warnings in the package insert.

This landmark case has made it easier for patients who have been harmed by pharmaceuticals to pursue the compensation they deserve. With an overworked and underfunded FDA, consumers should have the opportunity for justice that lawsuits provide.

If you or a loved one have been harmed by a pharmaceutical, contact the attorneys at Wapner Newman today. Our team is prepared to fight for you. Click here for a free consultation with our experienced pharmaceutical liability attorneys.

*** RAPTIVA ALERT ***

Raptiva, an injection used to treat moderator to severe psoriasis, has received the highest warning from the Food and Drug Administration. In October 2005, five years after its approval, the FDA imposed the strongest warning possible, a "black box warning," on Raptiva. The warning highlighted the risk of bacterial sepsis, viral meningitis, invasive fungal disease and other opportunist infections.

However, on February 19, the FDA sent out a Public Health Advisory on Raptiva identifying the risk of progressive multifocal leukoencephalopathy, or PML. PML is an extremely serious neurological disease caused by a virus which affects the central nervous system. When PML occurs, it is usually in people with weakened immune systems, resulting in irreversible neurologic function and death. Symptoms of PML include weakness on one side of the body, blurred or loss of vision, fatigue, memory loss, disorientation or a loss of balance.

The FDA has identified 3 confirmed cases of PML and one potential case of PML in four individuals who were treated with Raptiva for three or more years. Three of the four patients have died.

While the FDA continued to monitor Raptiva, the drug is no longer sold in Canada and Europe's version of the FDA has recommended it be taken off the market as its risks far outweigh its benefits.

If you or a loved one have ever used Raptiva, contact Wapner Newman today. Our attorneys have developed a reputation for the handling of pharmaceutical liability claims. Click here to contact us for a free consultation today.

Digitek (digoxin tablets), which is used to treat congestive heart failure and atrial fibrillation or atrial flutter (types of fast heartbeats) was recalled nationwide on April 25, 2008 because patients were exposed to a risk of digitalis toxicity. Digitalis toxicity can cause a number of ailments, including severe cardiac impairment and death.

The recall applied to all oral strength tablets of Digitek, Digoxin, Cardoxin, Lanoxin and Lanoxicaps, all of which may have contained twice the approved level of their active ingredient.

If you have experience a life threatening adverse reaction from Digitek or if your loved one has died as a result, please contact the attorneys at Wapner, Newman, Wigrizer, Brecher & Miller today. The attorneys in our Drug Liability Department can tell you more about the recall, the risks and what options you have if your have been harmed by Digitek. Click here to contact us for a free Digitek case evaluation.

*** GADOLINIUM RISKS ***

Nephrogenic Systemic Fibrosis (NSF) is a medical condition that has come to be associated with exposure to the element gadolinium, when used as a radiocontrast agent during an MRI.

There is strong support in the medical literature of the cause and effect relationship between Gadolinium-based contrast dyes and NSF.  In particular, four of these contrast dyes seem to have been implicated including Omniscan, MultiHance, Magnevist, and OptiMARK

For those afflicted with Nephrogenic Systemic Fibrosis (NSF), a medical condition that has come to be associated with exposure to the element gadolinium, the prospect of an NSF lawsuit can seem daunting.  However, it is important to understand that exposure to gadolinium may involve serious negligence, for which one or more parties may be held to account. Therefore, for anyone who has been or has had a loved one afflicted with NSF, it is important to locate an NSF lawyer or an NSF law firm that may serve your interests. Click here to contact us for a free consultation.