On Jan. 16, 2008, the Food and Drug Administration issued a proposed rule that directly contradicts Congress' expressed intent when it passed the Food and Drug Administration Amendments Act of 2007 (FDA Amendments Act of 2007). The act bestows the ... [Read more...]
COMMENTARY: Vioxx Suit & the Greatest Posturing of All Time
After more than three years of telling the world that it did nothing wrong and that it will defend itself case by case for as long as it takes, Merck did a 180-degree turn when it announced Nov. 9 that it had settled most of its Vioxx litigation ... [Read more...]
COMMENTARY: Bayer Fraud or “Regrettable Human Error”?
A Nov. 5 Associated Press story reported that under government pressure, Bayer said it would immediately halt worldwide sales of anti-bleeding drug Trasylol. The Food and Drug Administration asked the manufacturer to stop selling the drug, approved ... [Read more...]
COMMENTARY: Wyeth Lawsuit – Runaway Jury or Runaway Pharmaceutical Company?
Twelve jurors in a Reno, Nev., trial found that pharmaceutical giant Wyeth's hormone-replacement therapy drugs caused breast cancer in the three Nevada women who brought the lawsuit. The jury awarded the three women compensatory damages in the ... [Read more...]
COMMENTARY: The Corporate Reaction to Defective Product Litigation
Nine-month-old Liam John died of asphyxiation in his crib on April 11, 2005. The drop rail had detached from its plastic track, creating a gap through which Liam slipped feet-first. Instead of falling to the floor, which could have been bad enough, ... [Read more...]
COMMENTARY: Binding Arbitration Restricts Access to Courts
If a contract had this language in it… Any disputes regarding the provisions of services under this contract or the terms of this contract will be determined by arbitration in Tarrant County, Texas, pursuant to the Texas General Arbitrator Act ... [Read more...]
COMMENTARY: Justice or “Checkbook” Justice?
Do people with money, power or celebrity operate under a different legal standard than those without? Is justice for sale? We seem to be offended by this notion but let it happen. We have come to expect that Charlie Sheen will get chance after chance ... [Read more...]
What Did They Know and When Did They Know It?
Wyeth and other pharmaceutical companies tested, manufactured, marketed, distributed, promoted and sold Premarin, Prempro and MPA (the synthetic progestin used in Prempro), hormone-replacement drugs prescribed for post-menopausal women to treat some ... [Read more...]