Legal Issues

MDL panel considers consolidated Zoloft and Propecia litigation

Amid news of lawsuits concerning the antidepressant Zoloft and the hair-loss drug Propecia, the Judicial Panel on Multidistrict Legislation held a hearing on March 29 in San Diego, California.

The panel of judges meets every two months to consider whether various lawsuits should be consolidated before a single judge for pre-trial proceedings.

Pfizer, the maker of Zoloft, is facing litigation from nearly 90 lawsuits by families who claim their children have suffered birth defects as a result of in utero exposure ...

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Consumer Reports: Medical device approval process deeply flawed

A new issue of Consumer Reports includes an investigation into the process by which the federal Food and Drug Administration reviews medical implants for approval.

The report concludes that most medical devices aren’t tested before being implanted in patients’ bodies. The situation amounts to what’s essentially a large-scale medical experiment carried out on unwitting test subjects, made up of members of the public.

“For most implants and other high-risk devices brought to market, manufacturers do nothing more than file some paperwork and ...

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Patients rights groups oppose federal legislation that limits compensation for injury

Many patients’ rights groups are criticizing a measure that passed in the U.S. House of Representatives last week, which would restrict patients’ ability to pursue claims against negligent medical providers, including drug and medical device manufacturers.

According to Public Citizen, H.R. 5, the Protecting Access to Healthcare (PATH) Act, imposes an arbitrary $250,000 cap on non-economic damages, which would have a disproportionate impact on those with little or no earned income, such as children, full-time mothers and seniors.

Conservative groups such as ...

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Pharmacies deny emergency contraception to teens

Time Magazine’s blog reports a study that found about one in five pharmacies incorrectly denying teenage girls emergency contraception.

By law, teenagers 17 and older can buy the pills over the counter. The emergency contraceptives are also known Plan B or the “morning-after pill,” because they are most effective immediately following potential conception.

Researchers from Boston University, posing as either 17-year-old girls or doctors seeking Plan B emergency contraception for their 17-year-old patients, called 943 drugstores.

They found that 19% of pharmacists told ...

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How to find a personal injury lawyer

Should you hire a particular lawyer? Depending on your circumstances, that can be one of the most important decisions of your life. The website FindLaw provides a list of 10 suggested questions to ask a lawyer before deciding whether to proceed with him or her. While these general questions are helpful in evaluating an attorney or law firm, you should also consider the following four recommendations when evaluating a personal injury attorney:

1. If possible, find a referral from a trusted ...

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Bloomberg: J&J sold mesh implant before FDA approval

According to a Bloomberg report, Johnson & Johnson sold a vaginal mesh implant for three years before the federal Food and Drug Administration approved the device.

The report says Johnson & Johnson introduced the Gynecare Prolift device in March 2005 without appropriate clearance. The FDA learned of the device in 2007 when Johnson & Johnson was trying to get approval for a related device.

The FDA approved both devices in 2008, after Johnson & Johnson took advantage of a loophole that obliges ...

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