Pensacola Personal Injury Lawyer

Judge Decries Preemption

Robert Blanchard — Mon, 21 Apr 2008 11:04:58 GMT

Finally, a beautiful and succinct statement from a Federal Judge on the real nature of the move to preempt state courts from having pharmaceutical liability lawsuits.. The two page Order is making the rounds among plaintiffs' attorneys, reassuring us that someone understands that Federal Preemption in drug cases is nothing less that an outright power grab by the federal government, brought to us by the party that used to advocate, hypocritically it appears, for the expansion of states' right and the diminishment of Federal power. Judge Wilson's supplement to his previous order denying preemption in the Prempro litigation is direct and to the point: "It appears to me that the expansive reading of preemption is part of an "overall assault on the citadel of the right to trail by jury'" (Quoting Cardozo). The Order also refers to this assault as "backdoor federalization." This is clearly true in light of the fact that there is nothing in the FDA enacting legislation that says state action (including state jury trials) is preempted. There is extensive history and precedent that there is no such preemption, but the Bush packed FDA (haven't they have done a great job by the way) ignored all that and issued a preamble to recent regulations (they couldn't get it to pass through standard rule procedures) saying the FDA now wants preemption. They want no state to determine by jury trial or otherwise that a drug manufacturer was negligent in the marketing of its products. The powers that be seem intent on getting this piece of corporate payback through the courts, so unless we get a president who understands this injustice, the right to jury trial will no doubt be trampled by our U.S. Supreme Court.

Originally posted at InjuryBoard by Robert Blanchard

Three Injured in Pensacola Car Accident

Shannon Weidemann — Tue, 11 Mar 2008 16:21:49 GMT

A car accident in Pensacola on Thursday sent three people to the hospital. The accident involved two cars traveling on Mobile Highway. One car flipped and landed on top of the other car.

The first

car was stopped, facing west on Boulder Avenue, then pulled out into the path of McClain's vehicle, which was traveling north on Mobile Highway, troopers said. McClain's vehicle collided with the driver's side of Wiseman's vehicle, causing it to skid sideways and flip.

There were two people in the first car and one in the second. They were all taken to Sacred Heart Hospital to be treated for their injuries. Two of the people were listed in serious condition. The driver of the first car was cited with violating the right of way.

If you would like to learn more about car accidents, please visit InjuryBoard's Car Accident information page.

Originally posted at InjuryBoard by Shannon Weidemann

Law Firm Sounds Alarm on Asbestos Reform

Robert Blanchard — Wed, 20 Feb 2008 11:23:37 GMT

By way of a recent interview on GoLeft TV, my firm is looking to bring the spotlight back on the efforts of the U.S. Chamber of Commerce effort to victimize those suffering with asbestos related cancer. Citing a long string of court victories, the Chamber's National Camber Litigation Center is letting everyone know it is stepping up its tort reform effort in 2008. The most likely target will be an asbestos bill that will be watered down enough to pass a Democratic Congress, but just enough to give them a preemption argument to use in the courts. With a slew judicial seats held by Reagan and Bush appointees, that is all they will need to take away the right of those suffering with asbesotos related cancers, like mesothelioma, to pursue adequate remedies in the courts. See the interview at GoLefttv.com.

Originally posted at InjuryBoard by Robert Blanchard

Bassetbaby Recalls Drop-Side Cribs

Jenny Albano — Thu, 14 Feb 2008 21:21:28 GMT

Bassetbaby, in conjunction with the CPSC, is recalling 18 Wendy Bellissimo Hidden Hills Collection Drop-Side Cribs.

The spindles on the drop-side of the crib are able to loosen, which creates a gap that may pose an entrapment and strangulation hazard. So far the company has received three reports of the spindles coming loose but there have not been any injuries reported.

This recall involves a full-size, drop-side crib from the Wendy Bellissimo Hidden Hills collection, model number 5446-0504. The model number is located on the bottom rail of the headboard. The crib was sold in a Navajo Pine finish. No other models are included in this recall.

The cribs were available at Babies "R" Us stores across the United States from November 2007 to January 2008 and was manufactured in China.

Originally posted at InjuryBoard by Jenny Albano

Ketek Investigation Continues

Robert Blanchard — Wed, 30 Jan 2008 09:04:36 GMT

Democrats have now subpoenaed workers in the FDA to determine how in the world they approved Ketek despite scientific concerns over its safety. The new antibiotic ended up killing people from liver damage. Turns out the clinical trials were falsified and at least one doctor has gone to prison. Still no one at Aventis or the FDA has yet to be punished, so well intentioned lawmakers are at least looking into it. See full STORY.

By Mike Soraghan
Posted: 01/29/08 12:01 AM [ET]
Frustrated House Democrats will try to subpoena several Food and Drug Administration officials Tuesday as part of an investigation into whether FDA criminal investigators sought to prosecute a drug company in connection with a flawed drug that killed several people.
The House Oversight and Investigations Subcommittee is to vote on the subpoenas Tuesday, the latest development in an ongoing probe into FDA's approval of a respiratory illness treatment called Ketek.
Democrats on the subcommittee also want to look at the briefing book used by FDA Commissioner Andrew von Eschenbach to determine whether he was misled when he offered testimony last year about the approval process of the drug before Congress. After his testimony, several members raised questions about whether he had misled the subcommittee.

Originally posted at InjuryBoard by Robert Blanchard

Allstate Suspended In Florida

Robert Blanchard — Wed, 16 Jan 2008 12:40:24 GMT

Well they finally made the Florida legislature mad enough to do something. For years Allstate has promised to lower rates if given various tort reforms and other perks from our lawmakers. The state always fell for it (read "insurance money political contributions"), but the companies never lowered their rates and the consumers continued to pay through the nose, only with more and more of their right of access to the courts taken away. The legislature fell for it again when Allstate asked for billions of dollars worth of re-insurance from the State of Florida for wind dmage claims, promising to lower rates to Florida citizens. This time, when they failed to make good on their phony promises, the got subpoenas from the legislature. Since they have never been afraid of the own lapdog politicians, they failed to respond and showed their usual bad faith. When hauled before committees to testify, Allstate told the press that "we look foorward to discussing these important issues with our lawmakers." Baloney. Whatever they said in response to the questioning so riled they lawmakers that they finally acted and took away Allstate's ability to write auto insurance in the State of Florida. Click here. Ouch.
Don't expect it to last long. I hear some political contributions are on their way to Tallahassee and they aren't coming from the homeowners.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Robert Blanchard

Florida Tobacco Cases Filed

Robert Blanchard — Mon, 14 Jan 2008 12:06:01 GMT

The deadline for former smokers in Florida to file their injury lawsuits against big tobacco has come and gone and estimates of the number filed are still under 10,000 total suits. That is a far cry from the 700,000 class members originally designated as entitled to damage awards. The Florida Supreme Court took away that award but did let stand the jury findings that the companies were negligent and their product was defective. It is still unclear how those findings will benefit those who have now filed individual cases, but it is certain that trial courts will not make a nullity of what the Supreme court intended to do: make it easier for individual claimants by not requiring every one of them to re-prove the obvious. Tobacco companies used to be able to tie up proceedings for years arguing against the obvious.
As for the small numbers who filed, I suppose tobacco stocks will get a bump and tobacco spokesman are already suggesting that potential claimants are "too embarassed" to make claim. That is clever jury tampering for sure. The real reason for the limited numbers was well stated by Reuters news service :

Many of the plaintiffs were elderly. A large number died and had no survivors to carry on the fight. Others were disqualified by legal deadlines that require such lawsuits be filed within a certain amount of time. Others simply didn't contact attorneys until it was too late.

See the interview of Levin Papantonio attorney Matt Schultz at CBS News.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Robert Blanchard

Lawsuits Decline

Robert Blanchard — Thu, 03 Jan 2008 15:52:39 GMT

There have been some news reports that not as many product liability lawsuits were filed last year (2007) as were filed in 2006. Of course, 2006 was an unusual year for the number of filings, given all the lawsuits filed over Vioxx and heart devices. The number of lawsuits filed in 2007 was still greater than were filed in 2005. I can foresee tort reform advocates pointing to this as part of some kind of long-term trend of lawsuit abuse. What I see in my practice is that in reality more lawsuits are being filed over injuries because more people are being injured. Corporations know that they can make huge profits even after paying off the injury claims, so there is no incentive for them to try to make safer products. Just look at the news reports on the Vioxx settlement, which despite being a large settlement, was still seen as a boon for the company and their stock price went up. Until we have a tort system that is strong enough to dissuade corporations from the wanton conduct that results in injuries, we will continue to handle a large number of lawsuits filed. Those who want to see the number of lawsuits decline should urge better regulation and more accountability for those who make harmful products.

Originally posted at InjuryBoard by Robert Blanchard

Sierra Syringes Recalled(2)

Robert Blanchard — Fri, 21 Dec 2007 14:42:59 GMT

The first news of some problem with the Sierra prefilled Heparin syringes appears to have come out on December 17, 2007. Today a voluntary recall was announced. This is a little late for those already hospitalized with serious infections. While is hope that these infections will be treatable with antibiotics, the risks of nerve damage and other complications are still looming. Medical products don't get tainted by bacterial agents unless there is some negligence on the part of the manufacturer or supplier. Also, strict liability law will apply in most states for injuries from a tainted product.
If you or someone you know has suffered an injury from these recalled syringes, please send me an email. We are speaking later today with one person who is still in the hospital and the more we learn, the more we can do to help.

Contaminated Syringes Linked to Blood Infections
U.S. health authorities are investigating a suspected link between bacteria-contaminated syringes and blood infections in 40 people in Illinois and Texas, including 20 outpatients from Rush University Medical Center in Chicago, the Associated Press reported. There have been no deaths.
Earlier this month, Rush doctors traced the infections to heparin-filled syringes used during home treatment for cancer and other health problems. Heparin is a blood thinner. The heparin-filled syringes were from a single batch produced by Sierra Pre-Filled of Angier, N.C., the AP said.
Syringes from that same batch were also sent to Colorado, Florida and Pennsylvania, but no infections have been reported in those states, said Dr. Arjun Srinivasan, of the U.S. Centers for Disease Control and Prevention, the AP reported.
The infections, caused by bacteria called Serratia marcescens, can cause fever and chills. While such infections can be serious, they generally respond well to antibiotics.
Sierra Pre-Filled has recalled the affected batch of syringes and is cooperating with the U.S. Food and Drug Administration in the investigation, the AP reported. Doctors are being alerted about the contaminated syringes and asked to watch for cases of infection.

Originally posted at InjuryBoard by Robert Blanchard

Pensacola Personal Injury Lawyer

Judge Decries Preemption

Three Injured in Pensacola Car Accident

Law Firm Sounds Alarm on Asbestos Reform

Bassetbaby Recalls Drop-Side Cribs

Ketek Investigation Continues

More Heparin Problems

Allstate Suspended In Florida

Florida Tobacco Cases Filed

Lawsuits Decline

Sierra Syringes Recalled(2)