Drug Injury Attorney Blog

Fat Perception in Foods Altered by Depressed Patients

Wed, 19 Jun 2013 04:30:00 -0500

According to information from a new study, people suffering from mild depression will view the flavor of fatty foods similarly when they are in a good or bad mood. The results of this study were published on June 5 in the journal PLOS ONE.

The study was published by researchers Petra Platte and colleagues from the University of Wurzburg, Germany. For the study, the researchers sought to answer “how non-pathological levels of depression, anxiety and experimentally-manipulated moods could affect participants' oral perceptions of fat and other taste stimuli like sweet, sour, bitter and umami flavors.”

During the study, the participants were given scores for their depression and anxiety symptoms, and then they were shown video clips of happy, sad and neutral scenes from different movies that were designed to put them in either a good mood, a bad one or a neutral mood. Then the participants were asked to rate different liquids that were based on how intense the flavors were. Next the participants were asked to gauge how much fat was in the milk samples by using mouth-feel.

The results were as follows: “After watching a happy or sad movie clip, participants with mild, subclinical signs of depression were unable to tell the difference between a high-fat and low-fat sample, whereas they could distinguish between the two after watching a clip from a neutral film, as well as before they watched the movies. These participants with higher depression scores also rated bitter and sweet tastes as being more intense after they watched the movie clips than they did before this mood-inducing exercise.”

The researchers have decided that the study may help authors conclude that their results may have potential implications for unhealthy eating patterns, as this inability to distinguish tastes may cause mildly depressed individuals to unconsciously eat more fatty food. This is interesting because previous studies have also shown that obese people are also more likely to suffer from depression, which is often treated with potentially dangerous SSRIs like Paxil. Paxil is linked to serious adverse effects. In fact, Paxil has been known to cause patients to suffer from violent and suicidal thoughts and behavior as well as lead to birth defects in babies born to mothers who take the pills while pregnant. The birth defects linked to Paxil use include PPHN, spina bifida, neural tube defects, oral clefts and heart, lung and brain defects.
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Anxiety More Common Than Depression in Cancer Survivors

Mon, 17 Jun 2013 04:30:00 -0500

Information from a new study is showing that long-term cancer survivors are not at a higher risk of depression than they are of experiencing anxiety. The results of this study, which were published in The Lancet Oncology on June 5, also highlighted the fact that while survivors were at a high risk of anxiety, their partners were experiencing the same level of depression.

Lead author Alex Mitchell from Leicester General Hospital in the UK said: "Depression is an important problem after cancer but it tends to improve within 2 years of a diagnosis unless there is a further complication. Anxiety is less predictable and is a cause for concern even 10 years after a diagnosis. However, detection of anxiety has been overlooked compared with screening for distress or depression."

Of this study, Mitchell concluded: "Our results suggest that, after a cancer diagnosis, increased rates of anxiety tend to persist in both patients and their relatives. When patients are discharged from hospital care they usually receive only periodic check-ups from their medical teams and this autonomy in the post-acute period can be anxiety-provoking. Further, the provision of rehabilitation and specialist emotional help is currently patchy. Efforts should be made to improve screening for anxiety and increase follow-up support for both survivors and their families."

Depression is a condition that affects millions of people worldwide. It makes sense that PTSD would be a contributing factor since trauma is difficult to deal with. SSRIs are commonly used to treat depression but are linked to serious adverse effects. In fact, Paxil has been known to cause patients to suffer from violent and suicidal thoughts and behavior as well as lead to birth defects in babies born to mothers who take the pills while pregnant. The birth defects linked to Paxil use include PPHN, spina bifida, neural tube defects, oral clefts and heart, lung and brain defects. While depression events are not surprising in cancer survivors, the fact that anxiety levels were higher may be significant in treating cancer survivors later.

Canadian Health Agency Links At Least 23 Deaths Since 2007 to Taking Yaz and Yasmin

Thu, 13 Jun 2013 19:40:03 -0500

I’ve been closely following the ongoing litigation and safety reviews surrounding Yaz and Yasmin—and, as a pharmaceutical liability attorney, I help clients who believe they’ve been injured by those drugs. So I was very interested to see a report from the Canadian Press that Health Canada, the Canadian national health agency, believes it can attribute at least 23 women’s deaths to the use of Yaz or Yasmin. The numbers come from a review of adverse reaction reports submitted to Health Canada. A total of 600 adverse reactions were reported for the two drugs, and among those were 23 deaths, largely sudden deaths attributed to blood clots. The information will fuel the ongoing lawsuits against the drugs’ manufacturer, Bayer, which, in the U.S., allege that Bayer failed to adequately warn patients of the increased blood clot risk compared to older contraceptives.

Blood clots are a known risk of oral contraceptives, which mimic female hormones that also cause a higher risk of blood clots during pregnancy and childbirth. Yaz and Yasmin use a newer type of oral contraceptive called drospirenone, which was first sold in the U.S. in 2001 as Yasmin; Yaz followed in 2006. Bayer’s own studies found no increased risk of blood clots from using the drospirenone-containing drugs, but independent studies later found a substantially increased risk. In October of 2011, an FDA warning said women taking drospirenone-containing pills were 74 percent more likely to suffer blood clots than women on other hormonal contraceptives. In federal court documents, a former FDA commissioner alleged that Bayer withheld evidence of the increased risk in Yasmin safety reviews provided to the agency. Bayer is now facing thousands of lawsuits in the United States alone.

The company also faces lawsuits in Canada, including a class-action suit with plaintiffs including Stephanie Kerr of Ontario. Kerr was an acive 16-year-old when she started taking Yasmin. About a month later, she nearly collapsed from shortness of breath while she was out on a run. A hospital scan showed her lungs were full of blood clots. She took blood thinners for six months, missed school, had to give up dancing and even said she had trouble walking long distances for a while. She is one of hundreds of Ontario women claiming injuries in the class-action case; their law firm also represents families of 13 patients who died. The Health Canada data shows that more than half of the patients who died after taking drospirenone were under the age of 26; one was a fourteen-year-old girl.

As a dangerous drug lawyer, I’m pleased to see that the Canadian authorities are keeping track of this. Here in the United States, the FDA has estimated at least 50 deaths from Yasmin and Yaz between 2004 and 2008. But all the same, the FDA took no action during previous safety reviews, and the drugs remain on the market—though since 2007, they’ve carried a “black box” warning, the FDA’s strongest, of the blood clot risk. Blood clots are a medical emergency because they are life-threatening when they travel to the lungs, causing a condition called pulmonary embolism. With that much at stake, I believe Bayer would be negligent if it truly failed to warn patients about a risk it knew they ran from taking its new, highly profitable drugs. As a defective drug attorney, I help patients sue drug companies for this kind of potentially dangerous failure.

Epilepsy is Common in Children with Depression

Wed, 12 Jun 2013 04:30:00 -0500

Information from a new study is showing that kids who suffer from temporal lobe epilepsy are more likely to suffer from behavioral problems and other psychiatric illnesses, including depression. The results of this study are published in Epilepsia.

This study is helping to highlight how important it is for young epilepsy patients to receive regular psychiatric evaluations. For now, medical evidence is showing that various mental conditions are common among pediatric epilepsy patients. It is so common, in fact, that as many as 40 percent of them will be diagnosed with some sort of psychiatric condition, including depression, anxiety, attention issues and learning difficulties. In fact, a study that was conducted in 2009 showed that depression was linked to seizures in the temporal lobe.

"Our research examined whether psychiatric illness was more prominent in children who were unresponsive to anti-seizure medications and had seizures in the temporal lobe versus elsewhere in the brain," explains lead study author, Dr. Jay Salpekar with Children's National Medical Center in Washington, D.C. "In children who do not respond to drug therapy, epilepsy surgery may be the only option to improve their quality of life. Understanding the pediatric patients' mental health status is important, as the severity of psychiatric illness may impact the overall risk-benefit of epilepsy surgery."

While more studies will have to be conducted in order to confirm these results, epilepsy’s link to depression should prove helpful when doctors seek to find proper treatments for depressed patients that are not linked to antidepressant drugs like Paxil or Effexor, which could prove even more dangerous when mixed with anti-seizure drugs. The serious adverse effects linked to using drugs like Paxil and Effexor, which are commonly-prescribed forms of SSRIs in treating depression and anxiety, include violent and suicidal thoughts and behavior and birth defects (PPHN, spina bifida, oral clefts and heart, lung and brain defects), and are proving to be no better than placebos are treating the symptoms of severe depression. When mixed with anti-seizure medications, which may also be dangerous, patients may find themselves worse off than they started.

Study: Talk Therapy More Beneficial Than Antidepressants

Mon, 10 Jun 2013 04:30:00 -0500

According to a study, antidepressants are not as beneficial in treating depression as different types of talk therapy. This study was conducted by international researchers and published in PLOS Medicine.

The results of this study are significant because they demonstrate that patients have options other than potentially dangerous drugs like Paxil or Effexor, which are commonly-prescribed forms of SSRIs. The serious adverse effects linked to using drugs like Paxil and Effexor include violent and suicidal thoughts and behavior and birth defects (PPHN, spina bifida, oral clefts and heart, lung and brain defects); what's more, the drugs are proving to be no better than placebos in treating the symptoms of severe depression.

The researchers, led by Jürgen Barth from the University of Bern in Switzerland, conducted the study by analyzing data collected from examining 198 published studies that involved more than 15,000 patients that were in receipt of drugs as part of their treatment for depression, as well as behavioral activation, cognitive behavioral therapy, problem solving therapy, psychodynamic therapy, social skills training and supportive counseling. What the researchers found was that all seven therapies worked better at reducing the depression symptoms.

"We found evidence that most of the seven psychotherapeutic interventions under investigation have comparable effects on depressive symptoms and achieve moderate to large effects vis-à-vis waitlist," the authors stated. "All seven psychotherapeutic interventions achieved a small to moderate effect compared to usual care."

This study just shows that previous studies that compared various forms of talk therapy to the use of drugs like Paxil and Effexor are gaining steam. Hopefully, doctors will start to use the data collected from these studies to stop being so quick to prescribe potentially harmful drugs and start recommending talk therapy first.

Epilepsy is Common in Children with Depression

Fri, 07 Jun 2013 04:30:00 -0500

Tenth Circuit Permits Negligence Claim Against Knee Implant Manufacturer to Stand – Howard v. Zimmer

Wed, 05 Jun 2013 18:44:34 -0500

Ever since the U.S. Supreme Court’s decision in Riegel v. Medtronic, defective medical device attorneys like me have had a limited ability to claim financial compensation for our clients. That’s because Riegel took away the ability to make failure to warn claims, in which the injured person alleges that the manufacturer failed to warn patients about a risk it knew or should have known about. The case established that such claims are expressly preempted by federal law. Since then, it has been harder, though not impossible, to make a defective medical device claim, requiring special circumstances or creative legal theories. One case that has successfully avoided dismissal on preemption grounds is Howard v. Zimmer, Inc., in which Brian and Suzanne Howard allege per se negligence by Sulzer Orthopedics, leading to a failed knee implant for Brian.

Brian Howard, a doctor, received a knee implant manufactured by Sulzer, but it did not succeed. The Howards’ lawsuit alleges that the implant was doomed because it was covered with an oily residue, in violation of federal regulations on medical devices. Violating those regulations made Sulzer per se negligent, the Howards argued. The case was originally part of consolidated multidistrict litigation, where it was dismissed on preemption grounds, but the Sixth U.S. Circuit Court of Appeals reversed. On remand, the case was moved to the Howards’ home district in Oklahoma. A district court there dismissed again, saying Oklahoma law did not permit a negligence per se claim. The Tenth U.S. Circuit Court of Appeals asked the Oklahoma Supreme Court to decide whether that was true.

In a lengthy opinion, the Oklahoma court decided that private individuals like Howard may make a “parallel claim” for negligence per se based on a violation of an exclusively federal regulation. A federal law reserving the right to enforce federal regulations exclusively to the federal government does not forbid plaintiffs from bringing state-law claims based on violation of the state regulation, the high court said. Indeed, it noted that the U.S. Supreme Court expressly approved of such claims in Riegel. It also observed that violations of safety regulations like the one at issue here are highly relevant when determining whether negligence occurred. It then remanded the case back to the Tenth Circuit. That court had already rejected an argument that the case was impliedly preempted. With the Oklahoma Supreme Court’s answer in hand, the Tenth reversed and remanded the case to district court.

As a pharmaceutical liability lawyer, I applaud this decision. Though medical device manufacturers will undoubtedly continue to try to apply preemption to every product defect lawsuit filed against them, this case shows that well-pleaded cases with the right facts can survive. In my opinion, this is not the act of a rogue state Supreme Court; the “parallel actions” logic is drawn from Riegel itself, which means it has a good chance if the issue goes back to the U.S. Supreme Court. In general, I believe it’s unwise for society to exempt medical device manufacturers from lawsuits over the safety of their devices, because removing that accountability gives them no incentive at all to make sure their products are safe. And as a dangerous medical device attorney, I’ve seen the resulting suffering and financial expenses firsthand.

Status Conference Held in Ethicon Vaginal Mesh Lawsuit

Wed, 05 Jun 2013 04:30:00 -0500

The status conference for the vaginal mesh bellwether cases against manufacturer Ethicon in the U.S. District Court for the Southern District of West Virginia took place on May 23, 2013.

The purpose of the status conference was for officials to discuss the issues that have come up during the Gross v. Gynecare Inc. case in the Superior Court of Atlantic County, New Jersey. During the status conference, the parties involved addressed the cases being filed against Ethicon and the settlement that recently took place during the first lawsuit against Ethicon. On the agenda during the conference was the “coordination of the discovery process, scheduling of the hearings for the subsequent selected bellwether cases, deposition scheduling issues and issues stemming from third-party protective orders.”

During the first trial against the Johnson & Johnson subsidiary, the plaintiff was awarded over $11 million. A similar case against Bard Avaulta resulted in a $5.5 million award. Many other awards or settlements are expected in the future as the vaginal mesh devices have all been deemed unsafe. Corrective surgery can be costly in some places and unavailable in others.

The bellwether trial against C.R. Bard over its vaginal mesh device implants is set to begin on September 23, 2013. Other manufacturers of similar devices are also being sued by numerous plaintiffs. Those manufacturers include American Medical Systems, Coloplast, Cook Medical and Boston Scientific. In fact, on July 13, 2011, in a safety memo, the FDA issued a warning that stated that “serious complications associated with surgical mesh for transvaginal repair of POP are not rare.” Some of the complications linked to the device implants include infections, erosion, vaginal scarring and painful intercourse. The awards in the first two trials offer hope to future plaintiffs that more awards will be handed down.

Study: Steroids Linked to Mental Health Conditions

Mon, 03 Jun 2013 04:30:00 -0500

According to a new study published in the British Journal of Sports Medicine, anabolic steroids and reduced mental health later on in life are linked. This study was conducted with researchers analyzing data collected from on elite male strength athletes. The study is also published in CERA.

The study, conducted by researchers from the University of Gothenburg, found that 20 percent of the people in the study admitted to using steroids. They learned that there was a connection between steroidal abuse (AAS) and mental health conditions.

"We found a clear link. AAS users were more likely to have been treated for depression, concentration problems and aggressive behavior," says Claudia Fahlke, director at CERA.

The researchers learned that the athletes were also more likely to have abused other types of illegal drugs as well as alcohol. So far, there is no solid information about whether the use of steroids caused the mental conditions or if it works the other way around.

"What we were able to show, though, is that psychiatric symptoms and use of steroids and other drugs tend to reinforce each other in a vicious cycle. This suggests that the anti-doping efforts remain very important, both in and outside of sports," says Fahlke.

With numerous athletes being investigated for steroid use every year, and a higher number of elite athlete suicides and domestic abuse cases occurring, studies like these can help provide doctors with a better means of treating mental health conditions like severe depression. Depression affects millions of people worldwide, including elite athletes. Various drugs are often prescribed to patients with depression, and many of them are not proven to work any better than placebos and talk therapy. Two of those medications include Paxil and Effexor, which are a part of the SSRI class of drugs. Paxil and Effexor are used by millions of people worldwide, but they can cause serious side effects including violent and suicidal thoughts and behavior. The pills have also been proven to cause birth defects in babies whose mothers take the pills while pregnant. Some of the birth defects linked to Paxil and Effexor include PPHN, oral clefts, neural tube defects and spina bifida.

Brain Size May be Linked to Migraines, Depression

Fri, 31 May 2013 04:30:00 -0500

According to information from a new study that was published in the May 22, 2013, online issue of Neurology, older people who have a history of migraines and depression may also have smaller brain tissue than those who only have one of those conditions.

"Studies show that people with migraine have double the risk of depression compared to people without migraine," said study author Larus S. Gudmundsson, PhD, with the National Institute on Aging and the Uniformed Services University of the Health Sciences, in Bethesda, Md. Gudmundsson is also a member of the American Academy of Neurology. "We wanted to find out whether having both conditions together possibly affected brain size."

The study was conducted with researchers analyzing data collected from 4,296 participating patients aged around 51 who were tested for migraines from 1967 to 1991. Researchers then analyzed information on them later between 2002 and 2006 when they were about 76 so that the scientists could search for a depression history. MRIs were also given as a means to weigh the brains. What the scientists found was that 37 of the participating patients had a history of both migraine and depression, while 2,753 had neither condition. Those participants that had both migraine and depression had smaller brain volumes than those that didn’t have neither condition by 19.2 milliliters.

"It is important to note that participants in this study were imaged using MRI once, so we cannot say that migraine and depression resulted in brain atrophy. In future studies, we need to examine at what age participants develop both migraine and depression and measure their brain volume changes over time in order to determine what comes first," said Gudmundsson.

Conditions like depression are commonly treated with antidepressant medications like Paxil. Paxil is used by millions of people worldwide, but it can cause serious side effects including violent and suicidal thoughts and behavior. The pills have also been proven to cause birth defects in babies whose mothers take the pills while pregnant. Some of the birth control pills linked to Paxil and Effexor include PPHN, oral clefts, neural tube defects and spina bifida. In general, SSRIs like Paxil can often worsen a person’s condition rather than help them, and the price of these medications can be very high when used for long periods of time.

Ketamine Linked to Significant Benefits for Treating Depression

Wed, 29 May 2013 04:30:00 -0500

Ketamine has been linked to a significant amount of improvement in depression symptoms, according to the results of a huge clinical trial that was conducted by researchers from the Icahn School of Medicine at Mount Sinai. In fact, the benefits were noticeable within 24 hours of the ketamine being administered. This could prove groundbreaking for patients experiencing drug-resistant depression.

The results of this research were discussed at the American Psychiatric Association meeting that was held May 20, 2013, at the Moscone Center in San Francisco. The trial was led by Dan Iosifescu, MD, Associate Professor of Psychiatry at Mount Sinai; Sanjay Mathew, MD, Associate Professor of Psychiatry at Baylor College of Medicine; and James Murrough, MD Assistant Professor of Psychiatry at Mount Sinai.

"Using midazolam as an active placebo allowed us to independently assess the antidepressant benefit of ketamine, excluding any anesthetic effects," said Murrough, who is first author on the new report. "Ketamine continues to show significant promise as a new treatment option for patients with severe and refractory forms of depression."

More studies will have to be conducted in order for researchers to be able to prove that ketamine works long-term in a safe way, but so far, things are looking good.

"We found that ketamine was safe and well-tolerated and that patients who demonstrated a rapid antidepressant effect after starting ketamine were able to maintain the response throughout the course of the study," Murrough said. "Larger placebo-controlled studies will be required to more fully determine the safety and efficacy profile of ketamine in depression."

Antidepressants like Paxil and Effexor are generally used to treat depression and anxiety. However, the drugs have proven dangerous for most people to use. Paxil and Effexor are also known to cause serious side effects, which can include violent and suicidal thoughts and behaviors as well as birth defects in babies whose mothers take the drug while pregnant. Some of those defects include PPHN, spina bifida, neural tube defects and oral clefts. A study like this may go a long toward helping depressed patients find alternative treatments to these dangerous prescription medications. The need for newer and safer medications is on the rise with so many dangers linked to antidepressants. Ketamine may just prove to be the saving grace that helps if it is proven safe with more studies.

Texas Resident Files Vaginal Mesh Lawsuit Against AMS

Mon, 27 May 2013 04:30:00 -0500

On April 26, 2013, a Texas resident filed a vaginal mesh lawsuit against American Medical Systems. The complaint accuses AMS of “failing to exercise reasonable care in manufacturing, selling and designing” the vaginal mesh implant.

Vaginal mesh is a device that is implanted in women who are suffering from pelvic organ prolapse (POP) and urinary stress incontinence. The condition is caused after menopause or childbirth. However, many of the vaginal mesh implants have resulted in lawsuits against the various manufacturers of these devices. In fact, on July 13, 2011, in a safety memo, the FDA issued a warning that stated that “serious complications associated with surgical mesh for transvaginal repair of POP are not rare.” That adverse events report pointed out that the side effects linked to vaginal mesh implants include "transvaginal mesh erosion, mesh protrusion into other tissues, infections, painful intercourse, urinary tract problems, bleeding and damage to other organs.”

During this lawsuit, the plaintiff stated that she was given the American Medical System’s Monarc Subfascial Hammock, which didn’t work properly or cure her conditions. She even stated that the device caused her unbearable pain. AMS isn’t the only company to be sued over vaginal mesh complications. Other companies being sued in different lawsuits include devices made by Boston Scientific, Coloplast, American Medical Systems, C.R. Bard and Johnson & Johnson subsidiary Ethicon. To date, only two of the cases that have actually gone to trial resulted in an award for the plaintiff. The case against Ethicon (over the Gynecare Prolift vaginal mesh) resulted in an $11.1 million award for the plaintiff, and the case against Bard Avaulta resulted in a $5.5 million award. Many other awards or settlements are expected in the future as the vaginal mesh devices have all been deemed unsafe. Corrective surgery can be costly in some places and unavailable in others.

Study: Good Marriage Can Ease the Effects of Dad's Depression on Kids

Fri, 24 May 2013 04:30:00 -0500

While studies have shown that a parent’s depression can affect children, a new study is showing that a healthy marriage can help to buffer the effect that a dad’s depression can have on little kids. The study was conducted by researchers from the University of Illinois.

"When a parent is interacting with their child, they need to be able to attend to the child's emotional state, be cued in to his developmental stage and abilities, and notice whether he is getting frustrated or needs help. Depressed parents have more difficulty doing that," said Nancy McElwain, a U of I professor of human development.

She also made a note of the fact that when a dad who is suffering from depression is in a close and supportive marriage with a partner that listens to him, the amount of quality time shared between the father and his offspring gets better.

"A supportive spouse appears to buffer the effects of the father's depression. We can see it in children's behavior when they're working with their dad. The kids are more persistent and engaged," said Jennifer Engle, the study's lead author.

Depression can be such a debilitating condition for families to live with, especially when the depressed person in the father. Various drugs are often prescribed to patients with depression, even though many of them are not proven to work any better than placebos and talk therapy. Two of those medications include Paxil and Effexor, which are a part of the SSRI class of drugs. Paxil and Effexor are used by millions of people worldwide, but they can cause serious side effects including violent and suicidal thoughts and behavior. The pills have also been proven to cause birth defects in babies whose mothers take the pills while pregnant. Some of the birth control pills linked to Paxil and Effexor include PPHN, oral clefts, neural tube defects and spina bifida. In general, SSRIs like Paxil and Effexor can run very high in price when used long-term.

Judge Calls for Female Attorneys on Plaintiffs’ Committee for Mirena Injury Litigation

Wed, 22 May 2013 18:13:30 -0500

I was interested as a defective medical device attorney to see a recent news item about the gender makeup of the steering committee of plaintiffs’ attorneys in the Mirena IUD injury litigation. As Thomson Reuters reported, the New York federal judge in charge of the Mirena multidistrict litigation has urged the plaintiffs’ attorneys to include at least some woman on the committee, which provides leadership for the plaintiffs’ side of the lawsuit. The lawsuits in this MDL allege that the Mirena IUD caused serious injuries to women who had it implanted, including perforation of the uterus leading to severe pain, surgery and sometimes fertility problems. There are 50 federal lawsuits in the MDL, but plaintiffs’ attorneys said they expect to eventually add all of the pending state-court cases, which number over 100 and are expected to increase.

The Mirena IUD is a device that prevents pregnancy when implanted in a woman’s uterus. There is a small risk of perforation of the uterus when an IUD is first inserted, but that’s not the complaint being made in the MDL. The Mirena lawsuits allege that over time, the IUD can embed in the wall of the uterus or even tear through it, causing organ damage and pain. In some cases, this also makes it possible to get pregnant. The device sometimes even attaches to other organs in the pelvis or tears them, causing further damage. And Mirena IUD injuries also include ectopic pregnancy, when the pregnancy implants in a Fallopian tube instead of the uterus and is life-threatening if not terminated. Victims of Mirena IUD uterine tearing often need surgery to remove the IUD and repair damage; some woman have had hysterectomies, which means they can never get pregnant again.

The Thomson Reuters article said Alyson Oliver, a Michigan attorney representing plaintiffs in the litigation, argued to the judge that the largely female plaintiffs in this litigation would benefit from having a female attorney. This was not just because another woman might empathize better and convey that empathy to a jury, she said, but because the maker of Mirena, Bayer, is using a female lead attorney for what are likely strategic reasons. Plaintiffs should do the same, she argued. U.S. District Judge Cathy Seibel of the southern district of New York agreed and urged plaintiffs’ attorneys to include some women in leadership positions. That may come through the steering committee for the litigation, which is still being chosen; plaintiffs’ lawyers have already voted on a four-person executive committee that is all male.

As a pharmaceutical liability lawyer, I agree that strategic considerations are important—but I believe an experienced male attorney can convey the depth of the plaintiffs’ losses. Women injured by the Mirena IUD have experienced loss of their fertility as well as the kind of severe pain, emergency surgery and all of the attendant financial costs that affects both genders. An experienced male attorney should have many previous cases to draw on to help him explain to the jury the depth of his clients’ losses, as well to request a fair financial award in court. At Carey, Danis & Lowe, our defective medical device attorneys have many years of experience handling complex pharmaceutical injury cases, including cases that disproportionately affect one gender.

MDL Adds Iowa DVT Lawsuit

Wed, 22 May 2013 04:30:00 -0500

The current Yaz MDL that is taking place in Illinois federal court has just added a new complaint that was filed by April and Jamie Grimm. The Grimms' original Yaz lawsuit was filed in April in the U.S. District Court for the Southern District of Iowa; however, the case was moved to the MDL on May 1 of this year.

Both of the plaintiffs (April and her spouse) are accusing Bayer of designing, manufacturing and selling a product that is dangerous. The "dangerous" claims are supported by the fact that April developed deep vein thrombosis after taking the pills. This failure to warn case joins numerous others with similar claims. Deep vein thrombosis is caused by blood clots in the legs. Other blood clot-related injuries caused by Yaz include strokes and pulmonary embolisms. Yaz has also been linked to gallbladder disease, kidney stones, heart attacks and irritable bowel syndrome.

These side effects have caused numerous lawsuits to be filed against Bayer, the makers of the pills. While Bayer is in the process of negotiating various settlement agreements over blood clot-related side effects caused by Yaz use, the company still isn’t willing to completely admit liability. The company has been sued by thousands of women and their families for failure to warn the public and healthcare professionals of the dangers linked to Yaz. With more and more women filing lawsuits every week, Bayer is likely to be in settlement negotiations throughout 2013, and possibly well beyond that.

The cause of all of these lawsuits and injuries is the pills’ main active ingredient, drospirenone, which is a synthetic progestin. Drospirenone has caused numerous reviews of the fourth generation pills. Not all of the reviews have been met without controversy. Back in 2011, a panel advisory meeting reviewed Yaz blood clot concerns and voted to keep the pills on the market with a stricter warning. That decision was greeted poorly when it was learned that four panel members had financial ties to Bayer.