Pensacola Personal Injury Lawyer

Are there Alternatives after the Mensing decision?

Robert Blanchard — Thu, 30 Jun 2011 15:03:52 GMT

I have been closely following Smith v. Wyeth, the Sixth Circuit Reglan case that was stayed in anticipation of Mensing. According to Wyeth and Schwarz, as of November 2010, there were actually 50 decisions in 22 different states that have rejected Conte-type claims. A recent letter from Wyeth discloses seven decisions that were decided between June and November 2010. I know there have been more decisions since that time -- so I wouldn't be surprised if they can now argue that a majority of the states have addressed the issue. It should also be noted that many products liability acts specifically bar recovery against non-sellers and non-distributors. Bottom line - It will be a long uphill battle for those hurt by generic drugs.Originally posted at InjuryBoard by Robert Blanchard

Supreme Court Addresses Generic Drugs in Mensing Decision

Robert Blanchard — Thu, 23 Jun 2011 11:51:52 GMT

The U.S. Supreme Court has ruled that state court claims against generic drug manufacturers for inadequate warnings are in conflict with federal law. As a result, such state court actions are pre-empted and hundreds of such pending case may now need to be dismissed. Such a ruling means there is really no responsibility that a generic drug manufacturer has to warn users of dangers not already listed on the FDA approved label.

Question remain however. What happens to generics made by a brand-name manufacturer? Sotomayor says this doesn't apply to them. When a name-brand leaves the market, the FDA selects a generic to be the new reference listed drug. If that happens, is the generic liable from that point forward? We have never had to deal with that. The generics have always argued, "We're just dumb generics, we don't have labs, we don't do studies, so we can't be held to the standards of knowledge of a 'real' drug maker." But nothing in the majority opinion addresses this argument. I assume the manufacturer's duty to be an expert in its field continues. What happens to Conte v. Wyeth (Cal. Ct. App.) and Kellogg (D. Vt.), the two outlier decisions that say brand-names can be sued on a fraud theory when people are injured by generic products? Does this type of jurisprudence expand now? There will be strong pressure by the name-brands on Congress to take Justice Thomas' invitation to change the law. Otherwise, the name-brands will continue to be sued and held to account by these outlier states. Also, there will be pressure from Medicaid plans, health insurers, and others. Nearly all the state AGs joined the plaintiffs in Mensing/Demahy.

Originally posted at InjuryBoard by Robert Blanchard

Remote Controlled Toy Tanks Recalled By Family Dollar Stores

Chrissie Cole — Tue, 25 Jan 2011 08:50:00 GMT

Remote-controlled toy tanks, sold at Family Dollar Stores, have been voluntarily recalled, in cooperation with the CPSC, because the controller can overheat and melt, posing a burn hazard to users.

The company has received five reports of the controllers overheating and melting but there have been no reports of injury.

The recalled toy tank is the Authentic Heroes Target Practice Tank play set. They were sold exclusively at Family Dollar stores nationwide. View photos of the recalled items.

Consumers are urged remove the batteries from the controller and take the recalled toy away from young children. The toy can be returned to any Family Dollar Store for a refund.

Contact Family Dollar at (800) 547-0359 for more information regarding this recall. Or you can visit them online at www.familydollar.com.

Originally posted at InjuryBoard by Chrissie Cole

BP Oil Spill - Waiting No Longer

Robert Blanchard — Tue, 15 Jun 2010 14:56:23 GMT

On the day President Obama arrived in Pensacola, it was the first day I could distinctly smell the oil spill in downtown Pensacola. Others had caught whiffs of it on the beach, but now the oil is here in our Bay and it is unmistakable. Ironically, the President just went to the Beach and noted that the oil has not washed ashore on our beaches, so no one should cancel their vacation plans. Probably an understandable message, but it overlooks that we are now experiencing what has most recently happened in Gulf Shores, AL, the oil is washing in with the tide through our pass to the Gulf of Mexico and it is in our inland waters. I am sure President Obama’s motorcade drove right by it and would not have noticed it, but it is there nonetheless. It would also have been visible from Pensacola Naval Air Station (N.A.S.) were he went after the beach, but I doubt they took him down to their shoreline.

We have seen some skimmers offshore, but don’t see any in the Bay. They need to get here quick.

Originally posted at InjuryBoard by Robert Blanchard

BP Oil Spill - Waiting and Waiting

Robert Blanchard — Wed, 02 Jun 2010 15:55:55 GMT

The original report was that the oil would hit our beautiful shores within days. Weeks later, we are still told it will be any day now, but our fears and concerns have not calmed down. The more we learn about the devastating effects of this spill and see first hand how it is already affecting our local businesses, the reality of the disaster has only become more clear. I would still be relieved it were to somehow pass us by, but this slimy oil is going to come ashore somewhere and I can't think of any place that it will be not devastate. We already have the smell occasionally waft through, yet there seems to be little we can do to prepare. As an attorney, I have been advising clients who anticipate business losses to start getting together all their paperwork and their proof of prior income that would be used to determine their future economic losses. Some already have experienced losses through rental and charter boat cancellations, as well as the affect on our fisheries. Property values are surely to be affected as well.

Originally posted at InjuryBoard by Robert Blanchard

Children’s Floor Hockey Sets Recalled

Chrissie Cole — Fri, 26 Feb 2010 08:17:00 GMT

BigBox Hockey Sets have been recalled by Sportime, of Norcross, Ga., due to the surface coating on the board containing high levels of lead. Lead can be toxic if ingested by young children.

No illnesses have been reported in connection to the recalled items.

The recall involves ALL BigBox Hockey sets. Each set contains – six boards in six colors, measuring 6’ long x 10” tall. The boards are used to create a contained playing area for children’s floor hockey.

The recalled hockey sets were sold online and through Sportime’s catalog from November 2006 through October 2009.

The company advises parents to take the items from children and to contact the company for a refund.

Contact Sportime at (888) 388-3224 or visit their Web site at www.schoolspecialty.com. View photos of the recalled items on the CPSC Web site.

Originally posted at InjuryBoard by Chrissie Cole

Chamber of Commerce Uses Scare Tactics

Robert Blanchard — Fri, 04 Dec 2009 13:00:47 GMT

The title of a recent US Chamber of Commerce spam email says it all, "Terror by Trial Lawyer." Not only do they denigrate a profession with a long noble history that goes to the core of what it means to be American, the Chamber also feels it necessary to out and out lie. "LIARS at the U.S. Chamber of Commerce" should be the title. Their spam email is an attempt to undermine legislation, introduced by a Republican, that is designed to restore Notice Pleading in our federal courts after recent rulings left attorney and judges uncertain on the rule of law. The big companies profiteering do not like it (KBR, Blackwater, Halliburton) so the Chamber lies for them and tell you the legislation will allow terrorists to sue our Nave SEALS. This total fabrication assumes you are ignorant and that you do not want to know the true content or purpose of the legislation.

Don't let them get away with it. Go read the bill (the Notice Pleading Restoration Act of 2009) and then write your elected officials to denounce these scare tactics.

Originally posted at InjuryBoard by Robert Blanchard

Budget Office Misquoted on MalPractice Reform

Robert Blanchard — Wed, 14 Oct 2009 12:54:00 GMT

If you start seeing headlines that medical malpractice reforms could result in substantial savings to the health care system, don't beleive it. The Congreesional Budgret Office released a repot that savings could be acheived, but if also found that “imposing limits on [the right to sue for damages] might be expected to have a negative impact on health outcomes.” In other words, it would result in more seriously injured people, and the cost of providing care to those people is not included in the assessment of savings. Also, the CBO reprts admits that even if the most severe restrictions were put in place, the savings would be less than 5% of the total cost of health care. This report itself miquotes previous studies on the cost of the malpractice tort system which have always found the overall impact of lawsuits to be about 1.5% of total health care cost.

You decide, is this savings enough to do away with the responsiblity for the damages caused by negligent health care? Do we want a health care system that is unaccountable to the people it injures?

Originally posted at InjuryBoard by Robert Blanchard

Broker Problems

Robert Blanchard — Tue, 13 Oct 2009 12:26:29 GMT

Everyday my firm sees new cases of people having lost too much money in the stock market. While those who were speculating in the market deserve to suffer the ups and downs of the market, many are just people who believed what the industry had told them. We have been told that to not invest you money in stocks is a waste of your money, because the value of you cash will go down with inflation. We have been told that over the long haul, the stock market averages better than other forms of investment. We have been told to just put in the money and just let it sit and grow for 20 years or more, so that it will be there for retirement. I agree that retirement planning is important, but the brokerage houses don't just invest money and let it sit. They not only buy and sell furiously every day, they now how computers systems programmed to buy and sell vast quantities in the blink of an eye. All of this is to the detriment of the average investor. The markets don't create wealth, they only create wealthy people by taking your money and rewarding those who control or game the system.

Proper handling of your stock account requires investments that are suitable for YOUR needs, If your investments have lost too much as you were about to retire, that is not suitable investing, and you should call a lawyer.

Originally posted at InjuryBoard by Robert Blanchard

Asbestos Defendants Attack National Cancer Institute

Robert Blanchard — Mon, 24 Aug 2009 17:43:53 GMT

In what amounts to a manufactured controversy, Ford Motor Company and other asbestos defendants are seeking depositions about changes to the NCI website that addressed the dangers of asbestos. See news article at this link. Ford is attempting to intimidate the Institute so they won't publish accurate information about the hazards of asbestos. They also seek to disqualify as an expert witness one noted physician who has been brave enough to take on the powerful industries that seek to avoid responsibility for the mesothelioma caused by their asbestos containing products. Dr. Arthur Frank is not only the highly regarded Chairman of Environmental and Occupational Health at Drexel University, he also contributes all of the money he earns testifying in court to an account run by the University. Given his credentials, the Courts will see the industry attempts to block his testimony for what they are, baseless and self-serving.

Originally posted at InjuryBoard by Robert Blanchard