Archive for the ‘Legal News’ Category

California county files Avandia class action against GSK

Tuesday, March 2nd, 2010

A California county has filed a class action lawsuit against Avandia-maker GlaxoSmithKline (GSK), claiming GSK hid evidence that Avandia increases the risk of heart attacks.

County officials in Santa Clara County, in northern California, say they believe this is the first time a government body has sued GSK over Avandia.

The lawsuit follows the release of a U.S. Senate report last month charging that Glaxo minimized Avandia’s safety risks and withheld data from the Food and Drug Administration.

The lawsuits seeks restitution of expenses for all Avandia purchasers in California, including individuals and health care providers.

AP News story (March 2, 2010)

Voice of America story (March 2, 2010)

AboutLawsuits.com (March 2, 2010)

Avandia details & lawsuit information (www.awkolaw.com)

Numerous Avandia users have filed lawsuits against GSK over the past several years, as more patients suffer heart attacks, heart failure, and other problems after using Avandia. The law firm of Aylstock, Witkin, Kreis & Overholtz (AWKO Law) has been actively engaged in the litigation for years, including a leadership role in the national Avandia multi-district litigation (MDL), which consolidates thousands of lawsuits to streamline the information discovery process.  For more information about patients’ legal rights, Avandia users and their families can contact the lawyers of AWKO Law at www.AWKOLAW.com (888-255-2956).

Pfizer/Wyeth ordered to pay $9.45 million for cancer caused by menopause drugs

Monday, February 22nd, 2010

In the latest victory for breast cancer patients who were injured by Pfizer/Wyeth’s Prempro menopause drugs, the company was ordered to pay $9.45 million dollars in compensatory and punitive damages.

A Philadelphia jury issued their decision Feb. 22, finding Pfizer’s Wyeth unit owes Audrey Singleton, of Alabama, $6 million in punitive damages and $3.45 million in compensatory damages for injuries Ms. Singleton suffered because of Wyeth’s menopause drug, Prempro.

This is the fifth courtroom loss in a row for Wyeth in trying to defend the company’s practices in selling a dangerously harmful drug without sufficiently warnings.  The loss is also the seventh out of only ten that have gone before juries so far. Across the nation, more than 8,000 plaintiffs have filed claims against Wyeth for injuries resulting from Prempro.

The case decided today is Singleton v. Wyeth Inc., 050102885, Court of Common Pleas, Philadelphia County, Pennsylvania.

Attorneys at Aylstock, Witkin, Kreis & Overholtz have been working on similar cases for several years and are available for consultation at 888-255-2956.

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.

Defective Edwards Science Catheter Burns Heart during surgery- $40 Million Dollar Verdict

Wednesday, March 12th, 2008

In another amazing story detailing the extent that medical device manufacturers are willing to go to put profits over safety, a Washington man, and his attorneys have successfully exposed a company that put millions of patients lives at risk, and defraided thousands of hospitals, by failing to disclose known risks with it heart surgery devices.

A Washington state jury awarded 40.1 million in damages to a man who needed a heart transplant after his heart was scarred, singed and burned by a malfunction involving a defective Edwards monitor and catheter.

According to the AP report, Mr. Singh had gone to Providence Everett Medical Center in October 2004 for heart bypass surgery , and the doctors used the monitor, and had placed several attached cathetrs in the man’s heart. When the physician could not remove the catheter, he pulled back some of the tissue which revealed that the catheter had overheated and burned his heart.
The doctor could not restart Singh’s heart, so he was transferred him to another hospital while his circulation was maintained with a mechanical heart pump. The patient was in a chemically induced coma until he received a a transplant several weeks later.

According to the report, the hospital blamed Edwards for failing to disclose a problem with the monitor. The company was even pordered to pay the hospital $310,000 for fraud.

According to a press release from the man’s attorneys:

According to court documents, Edwards first became aware of a software bug in its monitors back in 1998, but ignored internal recommendations to correct the problem. In 2002, the software bug caused a similar incident in Japan — caught on video tape — but the smoldering catheter had been removed from the patient before overheating.

Despite the Japan incident, Edwards did not warn or advise healthcare professionals to stop using its monitors, court records show. Instead, the company simply began distributing re-designed products in March 2003 that no longer contained the software error.

The jury awarded Singh $24 million, his wife $6 million and their children $750,000, $500,000 and $500,000 respectively.

Even after this incident occurred, Edward continued to put profits over safety, and continued to deny any problem with the monitor and did not warn other hospitals. It took another two years for the company to finally issue a recall.

Aylstock, Witkin, Kreis & Overholtz Argues Viagra Blindess (NAION) Case

Friday, February 29th, 2008

On February 12, 2008, Neil Overholtz argued, on behalf of all Plaintiffs nationwide in the consolidated MDL #1724 In Re Viagra PProducts Liability Litigation before the Honorable Judge Paul Magnuson, in the U.S District COurt for the District of Minnesota, on a case involving the erectile dysfuction drug Viagra (sildenafil) and the numerous reports of Viagra causing a type of Blindenss called NAION. The defendant manufacturer had moved to excluded Plaintffs’ experts that would testify regarding Viarga’s association with NAION Vision Loss. A decision is expected soon, The Viagra vision loss, and Viagra blindness lawsuits are being handled by Neil Overholtz and R. Jason Richards at the firm. If you would like more information please visit the firm’s website at www.awkolaw.com or send an email to noverholtz@awkolaw.com.

Avandia Lawsuits

Wednesday, May 30th, 2007

Aylstock, Witkin, Kreis & Overholtz is currently advertising for cases for persons injured as a result of having taken Avandia. You may have seen our new ad in the Pensacola Jews Journal for Pensacola Avandia heart attack cases.  Here is the text of our ad.

Avandia Diabetes Drug- Linked to Heart Attacks, Cardiac Death, Significant Bone Deterioration and Bone Fractures, and Macular Edema of the Eye.

On May 21, 2007, the New England Journal of Medicine published an article from the lead cardiologists at the Cleveland Clinic indicating that Avandia has ben linked with a significnt increased risk of heart attacks and cardivascular deaths. Aylstock, Witkin, Kreis & Overholtz, PLLC is invstigaing claims on behalf of persons seriously injured as a result of taking Avandia. If you or a loved one sufferred a heart attack, or if a loved one died from cardiac complications while taking Avandia, call our office today.  Our firm is also investigating claims of persons who have sufferred bone fractures in the upper and lower extremities, as well as premaure macular edema of the eye.  You or your loved one may have a valuable claim if you or a loved one was injured from taking Avandia. Avandia Heart Attack victims– Call today at 1-888-255-AWKO.