You Have Rights Blog
Preemption - the legal defense that puts everyone at risk
Wednesday, January 30, 2008
Preemption has the ability to impact our health care system more than any other and it's barely being discussed. You can't turn on the news these days without hearing about the economy, the environment, the war and about health care but you've not heard about preemption and it is time for some public discussion about it. Preemption is a legal defense that the manufacturers of drugs and medical devices try to raise in lawsuits in order to shield themselves from any liability. Medical device and drug manufacturers frequently try to claim that the FDA's approval of a device or a…
With Blockbusters Coming Off Patent Pfizer Needs Chantix’s Revenue
Tuesday, January 29, 2008
Pfizer, one of the largest pharmaceutical companies in the world, finds itself in a precarious financial situation as many of its best selling drugs have either already come off patent or will come off patent over the next few years. “Coming off patent” is a term used to describe when a drug company’s patent for a pharmaceutical expires. This allows generic versions of the drug to be produced and then usually sold for a fraction of the drug’s original price. Typically, if a generic version of a drug exists, insurance providers will not pay for the brand name version of…
Patients with Defective Defibrillator Leads Could Lose Their Right to Sue
Monday, January 28, 2008
On October 15, 2007, Medtronic recalled its Sprint Fidelis defibrillator leads, citing a fracture risk which can lead to unnecessary shocks and device failure. Concerned patients who turned to Medtronic for answers were told that with minor programming changes to the ICD, their leads would work properly. This answer was not satisfactory to many of these patients, and thousands of them sought the help of defective medical device attorneys. There have been many successful settlements involving defective medical devices in recent years. However, the ability to receive just compensation from manufacturers of faulty medical devices is in serious jeopardy. A…
Avandia Side Effects Warning
Wednesday, December 05, 2007
Avandia is a popular diabetes drug manufactured and marketed by the pharmaceutical company Glaxo SmithKline. Avandia was approved by the FDA in May of 1999 and has emerged as one of the top-selling drugs in the United States. Several medical reports have linked Avandia to serious side effects including, heart attacks, congestive heart failure and bone fractures. In May, 2007 the Cleveland Clinic issued a study which showed that patients taking Avandia had a 43% greater risk of suffering a heart attack. The study which was published in the New England journal of Medicine, reviewed more than 40 clinical studies…
