Personal Injury Law Update

Study Links Flomax Use to Cataract Surgery Complications

As reported on the ophthalmology blog, EyeDocNews, a recent study has shown that that taking tamsulosin (a drug better known as Flomax) for certain prostate conditions within two weeks of cataract surgery poses an increased risk of serious postoperative complications.

Specifically, according to researcher Chaim Bell, M.D., Ph.D., of St. Michael’s Hospital in Toronto, and colleagues, patients who filled a prescription for Flomax shortly before cataract surgery were 2.33 times more likely to receive postoperative treatment for retinal detachment, lost lens or fragment, or endophthalmitis than men with no exposure to the drug.

If you or a loved has been taking Flomax and experienced complications after cataract surgery, the medication error lawyers at our Portland offices can help you evaluate your legal options.

Genentech and FDA Announce Withdrawal of Psoriasis Drug Raptiva From the U.S. Market

In February 2009, the FDA issued a public health advisory that patients taking the psoriasis medication Raptiva manufactured by Genentech were at risk of developing a potentially fatal condition known as PML, or progressive multifocal leukoencephalopathy. As explained on Wikipedia, PML

"is a rare and usually fatal viral disease that is characterized by progressive damage or inflammation of the white matter (a/k/a myelin) of the brain at multiple locations. It occurs almost exclusively in people with severe immune deficiency."

The effects of Raptiva decrease the function of the immune system and increase susceptibility to infections (incidentally, PML is the same disease that has been linked to the multiple sclerosis drug Tysabri, sold by Biogen Idec and Elan).

Earlier this week, the FDA announced that Genentech had begun a voluntary, phased withdrawal of Raptiva from the U.S. market due to the potential risk to patients of developing PML from using the medication. By June 8, 2009, Raptiva will no longer be available in the United States.

The FDA also said it had asked prescribers not to initiate Raptiva treatment for any new patients, and immediately begin discussing with patients currently using Raptiva on how to transition to alternative therapies for psoriasis.

FDA approved warning labels may not protect drug makers in liability cases

Justice John Paul Stevens announced a major defeat for the pharmaceutical industry on Wednesday March 4, 2009. The U.S. Supreme Court ruled against the drug-maker Wyeth with a 6-3 vote stating that the pharmaceutical company can be held liable for harm caused by medicines even if they carry warning labels that have been approved by the Food and Drug Administration. The Supreme Court ruled that, although the FDA may have approved the drug's warning label, it does not block the drug company from damages in liability claims because the FDA does very little actual testing of the dangers.

This ruling may lead to better warning labels on drugs in an effort by pharmaceutical companies to protect themselves from future liability claims.

Related Topics: Medication Error Attorneys - Portland, OR, Personal Injury Lawyers - Portland, OR

FDA Video Series Covers Recalls and Safety Alerts for Prescription Drugs and Medical Devices

The FDA's Patient Safety News (PSN) is a series of monthly video news shows addressing significant approvals, recalls, and safety alerts for prescription drugs and medical devices. Some of the videos contain footage and demonstrations relevant to protecting patients from serious side effects and other unwanted consequences from taking or using these products.

For example, consumers may want to watch the video concerning the recent FDA warning against giving cough and cold medicines to young children.

Click here for access to the full list of currently available videos (note: the videos are primarily targeted at doctors and other healthcare professionals and thus may be somewhat technical in nature).

Nursing Home Negligence & Elder Abuse

When you are faced with having to place a loved one in the care of a nursing home, you expect that their needs will be met and that they will be in a safe environment. Unfortunately, nursing home negligence and outright abuse in this area are more common than we would like to think.

Despite many Federal and State regulations, which have been established to protect our loved ones in these settings, a gross number of violations continue to occur every single day, tragically compromising the health, dignity and safety of our elders and the disabled.  As a society, we must not forget that individuals entering nursing homes are the most vulnerable members of our society.

Nursing home negligence and elder abuse can manifest itself in a variety of ways.  While physical and sexual abuse is the one of the most common, some other examples are:

• Use of restraints without proper medical orders
• Deprivation of food or water
• Medication Errors: Over or under-dosing of medication
• Unexplained injuries or failing to report and injury
• Forcing a patient to stay in a room or placing in a secluded area
• Failure to assist with Activities of Daily Living (e.g. dressing, personal hygiene, and eating)
• Unsanitary and unclean conditions
• Stealing a patient's money and/or possessions
• Fraud, forgery, and extortion
• Wrongful use of Power of Attorney, Trusteeship, or Guardianship

Department of Human Services fields thousands of nursing home negligence and elder abuse complaints every year.  However,   investigations into these complaints can be difficult because dementia or other conditions can make residents poor witnesses.

If you must place a loved one into a nursing home, do your homework.  Research the facility.  Take a tour of the home, meet the staff, find out about their licensing and staff certification. 
You should also ask about staff training programs, particularly any on elder abuse, patient safety, and dealing effectively with difficult residents.   Request copies of the latest inspection report, which is required of a facility certified to take Medicare and Medicaid.

Once you place someone into a nursing home, watch for warning signs of abuse.  Common signs that they are suffering from nursing home negligence or elder abuse might be: sudden agitation or emotional withdrawl, unexplained bruises or other injuries and/or rapid weight loss.

The Nursing Home Negligence lawyers at D'Amore & Associates in Oregon and Washington are experienced in all types of nursing home negligence and elder abuse claims.

FDA Advises That Cold Medicines Too Risky For Children Under 2

Last Thursday, the FDA issued a Public Health Advisory for parents and caregivers, recommending that over-the-counter (OTC) cough and cold products should not be used to treat infants and children less than 2 years of age because serious and potentially life-threatening side effects can occur from such use. The side effects reported include death, convulsions, rapid heart rates, and decreased levels of consciousness.

OTC cough and cold products include decongestants, expectorants, antihistamines, and antitussives (cough suppressants) for the treatment of colds. The FDA's study of side effects of these medicines in children ages 2-11 is continuing.

Read the full FDA release here.

Drug Manufacturers Pull Infant Cold Medicines Off Market Including Pediacare, Dimetapp, and Tylenol Infant Drops

We previously wrote about the FDA's warning to parents concerning giving cough or cold medicines to children under the age of 2.

Today, drug manufacturers announced that they were voluntarily pulling infant cold medicines off the market following a tentative recommendation late last month by the FDA that the words "do not use in children under two years" should be added to the products' labeling. Reviewing reports of side effects from these medicines, the FDA had found 54 child fatalities from over-the-counter decongestant medicines, and 69 reports of children's deaths connected with antihistamines (frequently used to treat runny noses).

Cold medicines being withdrawn include: Johnson & Johnson's Pediacare Infant Drops and Tylenol Concentrated Infants Drops, Wyeth's Dimetapp Decongestant Infant Drops, Novartis' Triaminic Infant & Toddler Thin Strips and Prestige Brands Holdings' Little Colds Decongestant Plus Cough. The medicines come in tiny, droplet-size doses, but parents occassionally do not consult or follow directions from physicians, which can lead to accidental overdose.

Read more about the announcement here.

FDA Warns Parents: Do Not Give Cough or Cold Medicines to Children Under the Age of 2 Unless Directed by a Physician

On August 15, 2007, the FDA issued a public health advisory providing the following guidance to parents concerning the use of cough and cold medicines by children (especially those under the age of 2):

• Do not use cough and cold products in children under 2 years of age UNLESS given specific directions to do so by a healthcare provider.
• Do not give children medicine that is packaged and made for adults.  Use only products marked for use in babies, infants or children (sometimes called “pediatric” use).
• Cough and cold medicines come in many different strengths.  If you are unsure about the right product for your child, ask a healthcare provider.
• If other medicines (over-the-counter or prescription) are being given to a child, the child’s healthcare provider should review and approve their combined use.
• Read all of the information in the “Drug Facts” box on the package label so that you know the active ingredients and the warnings.
• Follow the directions in the “Drug Facts” box.  Do not give a child medicine more often or in greater amounts than is stated on the package.
• Too much medicine may lead to serious and life-threatening side effects, particularly in children aged 2 years and younger.
• For liquid products, parents should use the measuring device (dropper, dosing cup or dosing spoon) that is packaged with each different medicine formulation and that is marked to deliver the recommended dose.  A kitchen teaspoon or tablespoon is not an appropriate measuring device for giving medicines to children.
• If a measuring device is not included with the product, parents should purchase one at the pharmacy.  Make sure that the dropper, dosing cup or dosing spoon has markings on it that match the dosing that is in the directions in the “Drug Facts” box on the package label, or is recommended by the child’s health care provider.
• If you DO NOT UNDERSTAND the instructions on the product, or how to use the dosing device (dropper, dosing cup or dosing spoon), DO NOT USE the medicine.  Consult your healthcare provider if you have questions or are confused.
• Cough and cold medicines only treat the symptoms of the common cold such as runny nose, congestion, fever, aches, and irritability.  They do not cure the common cold.  Children get better with time.
• If a child’s condition worsens or does not improve, stop using the product and immediately take the child to a health care provider for evaluation.   

If you believe your child was injured as a result of using a cough or cold medicine, contact the medication error lawyers at D'Amore & Associates in Oregon and Washington to determine your rights.

Wal-Mart Settles Drug Death Claim

It was reported last week that Wal-Mart Stores Inc. settled a wrongful death lawsuit claiming a pharmacist at one of its stores sold a too-strong insulin drug to a diabetic man who died after taking it.

Terms of the settlement reached during a mediation session Wednesday in Baltimore are confidential, attorney Christopher R. Dunn said. He said the case was settled amicably, with no admission of liability or fault by anyone. John Simley, a spokesman for Bentonville, Ark.-based Wal-Mart, said: "This was the best way to resolve the matter."

If you or a loved one was injured due to a medication or prescription error, contact the prescription medication error lawyers at D’Amore & Associates for a FREE CONSULTATION.