Archive for July, 2009

Samantha Burke statement: Jude Law

Friday, July 31st, 2009

Attorneys Justin Witkin and Daniel Thornburgh, counsel for Samantha Burke, have been authorized to release the following statement (PDF) on behalf of Ms. Burke:

Ms. Burke can confirm that she did in fact have a relationship with Mr. Law and that she has informed Mr. Law that she is expecting his child later this fall. Since informing Mr. Law of the pregnancy, he has been nothing but responsive and supportive of Ms. Burke and the pregnancy. Mr. Law and Ms. Burke are committed to the health, safety and wellbeing of this child throughout the pregnancy and after the child is born. This remains a private matter and Ms. Burke would hope that out of respect, the media will allow her to prepare for the birth of her child in privacy.

Samantha Burke’s updated Jude Law statement can be viewed at: http://www.awkolaw.com/blog/firm-news/samantha-burke-updated-statement-jude-law/

Avandia Implicated as Causing Liver Damage

Monday, July 27th, 2009

Aylstock, Witkin, Kreis & Overholtz is one of the lead plaintiffs’ firms in the country pursuing the national litigation effort against GlaxoSmithKline relating to its diabetes drug Avandia (rosiglitazone). The adverse events and injuries which have been associated with Avandia use include stroke, heart attack (myocardial infarction) and congestive heart failure.

The latest information released in February 2010 indicates that diabetes patients using Avandia are twice more likely to suffer a heart attack. Furthermore, new expert testimony estimates that Avandia may be responsible for more than 100,000 heart attacks. The FDA response to the latest, shocking information is yet to be announced. In the meantime, GlaxoSmithKline could be facing thousands more personal injury and wrongful death lawsuits.

As reported July 25, 2009, in the Los Angles Times, however, consumer advocate group Public Citizen has just published a report entitled “Case series of liver failure associated with rosiglitazone and pioglitazone” implicating Avandia in liver damage and/or failure cases. Specifically, authors James S. Floyd, MD, Elizabeth Barbehenn, PhD, Peter Lurie, MD, MPH, and Sidney M. Wolfe, MD who issued the report in association with Public Citizen, Health Research Group, Washington, DC, USA evaluated adverse event reports spontaneously submitted to the FDA AERS from 1997 to 2006 and identified liver failure associated with rosiglitazone, defined as liver injury accompanied by hepatic encephalopathy, liver transplantation, placement on a liver transplant list, or death in which all other likely etiologies were excluded, in over a dozen cases. The report concludes that the findings strengthen “evidence that these drugs can cause severe hepatotoxicity”.

Defect in Calaxo screws causes problems after ACL surgery

Friday, July 24th, 2009

In August of 2007, only a year after initial approval, the FDA recalled the Calaxo Osteoconductive Interference Screw sold by orthopedic company Smith & Nephew.

The recall came after a sudden increase in injuries to patients who had the bioabsorbable screws implanted in their knees during anterior cruciate ligament (ACL) surgery. The screws were found to break and fracture leaving fragments in the surrounding tissue. Patients reported suffering from painful swelling, infection, and fluid build-up in repaired knees. The post injury diagnosis is commonly referred to as “pre-tibial soft tissue swelling”.

As a result of the splintering of the device, some patients had to undergo local debridement which requires the surgical removal of affected tissue and/or bone. Aspiratation of the knee and analysis of the fluid for infection and particulate matter is important as a first step towards diagnosing the issue. However, a scope of the area in which the screws were affixed may be necessary.

If you, or someone you know, has endured difficulties with the Calaxo screw, possibly after ACL surgery, please contact us to discuss your legal rights.

Zicam Claims Mount Against Matrixx; Cause of Injury Discussion

Thursday, July 23rd, 2009

Based on well documented evidence, Matrixx’s Zicam caused anosmia (loss of smell) as a result of a toxic descruction of the olfactory epithelium. The implicated component or ingredient is zinc that, while critical for maintenance of normal smell function through its action as a cofactor in carbonic anhydrase VI, given directly into the nostrils at high concentrations, can initiate direct toxic destruction of the olfactory epithelium. Though these cells have been shown to regenerate in animal studies, the same cannot be said for humans. The symptoms suffered by users include a rapid onset of a burning sensation when the product is sprayed directly into the nasal passage. As a result of this acute toxicity, consumers suffer loss of smell and taste along with a loss of appetite and decrease in quality of life.

Alarmingly, Matrixx notice of this issue can be traced back over a decade but certainly to Dr. Bruce Jafek, a distinguished otolaryngologist in Denver, CO who reported this effect in 2003.

Investigation: Credit Card Co. Collusion with National Arbitration Forum, Inc.

Thursday, July 23rd, 2009

A lawsuit filed by Minnesota State Attorney General Lori Swanson against National Arbitration Forum, Inc. (NAF) has been settled out of court. The Complaint filed by AG Swanson alleged that NAF was inserted as the sole arbitrator in many credit card company contracts with consumers including MBNA/Bank of America, JP MorganChase, Citigroup, Discover Card, Deutsche Financial, and
American Express and that NAF, headquartered in St. Louis Park, Minnesota, was beholden to the credit card companies. The allegations further state that the credit card companies would file disputes against consumers before National Arbitration Forum knowing that it would receive preferential treatment. Among other entities that were implicated were: NAF, Inc., NAF, LLC,
and Forthright.

If you were involved as a consumer in a credit card dispute which was handled by National Arbitration Forum, you may have a legal right to pursue a civil remedy against your credit card company and this arbitration body. Our firm’s investigation continues.

Roche Accepts No Responsibility in Withdrawal of Accutane

Thursday, July 23rd, 2009

June 26, 2008

The manufacturer of Accutane, Roche Holding AG, has withdrawn its acne drug Accutane from the U.S. market after several trials during which juries awarded damages of more than $33 million dollars in compensation to injured consumers who alleged that their use caused them to suffer bowel disease including ulcerative colitis, a form of inflammatory bowel disease (IBD).

Accutane had been manufactuered, supplied, marketed and sold to approximately 13 million consumers since it was introduced to the market in 1982. The medication was Roche’s second-biggest selling drug but its sales fell precipitously after it lost its long standing sole patent to generic manufacturers.

Roche communicated its decision to withdraw Accutane from the U.S. market to the Food and Drug Administration. Its spokes person issued a statement in which it failed to accept accountability, saying only:

“In addition, Roche has been faced with high costs from personal-injury lawsuits that the company continues to defend vigorously.”

Follow AWKOLAW on Twitter

Saturday, July 18th, 2009

You can follow us on Twitter, to see what we’re working on. When we find important news about possible class action lawsuits or cases of negligence or products liability, we post an entry on Twitter to let you know.

Go to: www.twitter.com/awkolaw

Xolair possibly linked to heart attack and stroke

Saturday, July 18th, 2009

The FDA warned on July 16 that asthma drug Xolair may be linked to increased risk of heart attacks and strokes. Xolair is sold in the U.S. by Novartis and Genentech, a division of Roche.

An ongoing study has revealed signs that Xolair (omalizumab), which is used to treat asthma and allergies, may be directly related to heart attacks and strokes suffered by study participants.  The drug may have also caused abnormal heart rhythm and heart failure in patients treated with Xolair, according to the Food and Drug Administration (FDA). For the FDA warning, see http://ow.ly/hB6L.

The law firm of Aylstock, Witkin, Kreis & Overholtz is investigating possible manufacturer and distributor liability in this case. For updates from our lawyers, see the AWKO Law “Defective Drugs” page at http://ow.ly/hB7v.

Hepatitis Exposure in Denver and Colorado Springs

Monday, July 6th, 2009

A former surgery technician at Rose Medical Center in Denver and Audubon Ambulatory Surgery Center in Colorado is being investigated for potentially exposing thousands of patients to hepatitis C — a chronic, blood-borne disease. Kristen Diane Parker is being criminally charged for allegedly trading her contaminated syringes of saline for ones filled with Fentanyl, a powerful narcotic. If convicted of consumer product tampering and other charges, Parker could receive up to 10 years in prison and a fine of $250,000.

Parker was an employee at Rose Medical Center from October 2008 to April 2009, and later at the Audubon Ambulatory Surgery Center from May to July 2009. Nine reported cases of hepatitis C have been acknowledged by Rose Medical Center, though Parker is believed to have exposed more than 6,000 patients to the chronic disease.

Hepatitis C is an incurable disease that could lead to severe liver damage, as well as cirrhosis. Some of the symptoms of the disease include nausea, diarrhea, fatigue, pain and jaundice. Patients who have received help at these medical centers and demonstrate the aforementioned symptoms should seek immediate medical attention and be tested for hepatitis C.

Receiving Compensation for Hepatitis Exposure

Patients who have contracted hepatitis C while receiving medical treatment at Rose Medical Center or Audubon Ambulatory Surgery Center should contact one of the skilled attorneys of Aylstock, Witkin, Kreis and Overholtz. They can help you build a strong case against these medical centers and award you compensatory damages to offset the costs of expensive medical bills, lost income and emotional distress.

To learn more about filing a hepatitis exposure lawsuit, contact AWKO Law today at (888) 255-2956.

Fleet Phospho – Soda side effects serious kidney injury

Thursday, July 2nd, 2009

Severe kidney injury has been reported following use of over-the-counter Fleet laxative products, leading to an FDA warning and a manufacturer recall of the oral sodium phosphate (OSP) products.

Laxative products marketed as “Fleet Phospho-soda,” “Fleet ACCU-PREP,” “Fleet EZ Prep,” and “Fleet Phospho-soda E-Z Prep Bowel Cleansing System” have been recalled by the manufacturer after the U.S. Food and Drug Administration (FDA) warned that use of the products has led to more than 20 reports of acute kidney injury caused by OSP products.  The FDA instructed healthcare professionals to stop using of the products for bowel cleansing.

The FDA reports that use of the oral laxative Phospho-soda products made by C.B. Fleet Company can cause serious kidney damage known as “acute phosphate nephropathy,” a form of acute renal failure. The condition is also known as “nephrocalcinosis.”  Acute phosphate nephropathy is a build-up of calcium-phosphate crystals, which can create permanent renal impairment requiring chronic dialysis.

Symptoms of acute kidney injury include: malaise, lethargy, drowsiness, decreased urine volume, and swelling of the ankles, feet, and legs, according to the FDA.

The FDA has issued a warning to healthcare professionals to alert them to this problem with the use of the Fleet “Phospho-soda” and “ACCU-PREP” oral sodium phosphate (OSP) products for bowel cleansing.

According to the FDA, the OSP products associated with the kidney damage problems “are commonly used for bowel cleansing prior to colonoscopy, radiographic procedures, and surgery.”  Fleet marketed these products as over-the-counter medications.  However, the FDA has recently stated that this type of medication should only be issued with a prescription when used for bowel cleansing.  It was this warning about over-the-counter use that led to the recall of the Phosph-soda

Doctors and other healthcare providers have been using the Fleet laxative products associated with these problems in spite of published reports of acute phosphate nephropathy as early as 2003. More than 20 incidents were reported in a published case series in 2005. FDA warnings were first issued in May 2006, and continued, with increasing urgency, through the latest warning of serious adverse events in December 2008, which led to the manufacturer recall.

Fleet began pulling the laxative products from store shelves shortly after the December 2008 FDA warning, but is considering options for putting the products back on the market, according to a statement by Fleet’s chief scientific officer, Chris McDaniel, in a June 29 article in The News & Advance newspaper in Lynchburg, Virginia.

Those most at risk of developing kidney failure problems after using the Fleet laxatives, according to the FDA, include patients who are:

  • age 55 and above, or
  • have kidney disease, or
  • suffer from bowel obstruction, or
  • have active colitis, or
  • are dehydrated, or
  • are taking “diuretics, ACE inhibitors, ARBs, and possibly NSAIDS”

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