On Shaky Ground? Fracking Lawsuits, Earthquakes and Bad Water (oh my)

March 7th, 2011. By AbiK

Maybe oil (ok, natural gas) and water (and the earth) don’t mix after all…

So there’s a post over at the Forbes blog today by Dr. Michael Economides defending hydraulic fracking. There’s also a post over at The Motley Fool that shares hydraulic fracturing’s new “problem”: earthquakes. (Actually it isn’t “new”—the notion of fracking contributing to earthquakes has been just below the mainstream media’s lens for a while now).

I had just watched (a bit overdue) the documentary “Flow” last night (clip above), about the threats to our global water supply—worth watching for anyone who hasn’t seen it yet—but it’s actually a good place to begin to understand at a quick glance the reasoning behind the fracking-earthquake connection. Keep in mind, of course, with the creation of water wells and the removal of groundwater, the impact on earth’s subsurface is akin to creating a void—like pulling the rug out from under your feet; with hydraulic fracturing, the issue is more about the injection of pressurized water into the earth and the subsequent collection and disposal of that water into wastewater wells. Note also, we’re not talking straight and pure H20 here—the fracking wastewater also contains any of an assortment of chemicals possibly including methane gas, benzene, tuolene, ethylbenzene and xylenes, hexavalent chromium and hydrochloric acid.

So without being an engineer or scientist, this fracking-earthquake connection sort of makes sense—as you keep undermining or comprising the integrity of the earth’s subsurface, maybe Mother Nature starts to reach her breaking point. Consider—particularly if you’ve seen “Flow— Read the rest of this entry »

What is a Bellwether Trial? Take that Trial for a Test Drive, Baby!

March 4th, 2011. By Kristine B

If you’ve followed news about Fosamax lately, you’ve probably heard the term “bellwether trial” thrown around. The judge in that case has ordered two more bellwether trials in addition to the five that have either already been decided or will be decided later this year. So…

What is a Bellwether Trial?

Basically, a bellwether trial is a trial to indicate future trends in a specific litigation. They are used when a large group of plaintiffs have filed suit based on the same theory or claim and the only feasible way to handle the caseload is through a bellwether trial.

Think of it this way—NASA has flight simulators. Marketing departments have focus groups and in-home trials. Pharmaceutical companies have clinical trials. And your local car dealership hands you the keys for a test drive. Law schools may have mock trials, but the only way to really get a sense of how a major lawsuit is going to play out is the bellwether trial.

In a bellwether trial, a small group of plaintiffs is chosen to represent the group. Those plaintiffs are chosen because their issues are common amongst all the plaintiffs. Most large-scale lawsuits, such as asbestos or Fosamax, will run three to five bellwether trials, although the judge can order more or fewer.

Yaz Bellwether Trials

Also, because a major lawsuit can take a long time to wind its way through the legal process, the bellwether trials become a key milestone for both plaintiffs and defendants–and are, therefore, eagerly awaited by all involved. For example, talk of Yaz lawsuits (or Yasmin lawsuits for that matter) has been going on for a while. But the first Yaz bellwether trial is scheduled to take place later this year, on September 12, 2011 for pulmonary embolism side effects; that will be followed by one set for January 9, 2012 and finally a Yaz thromboembolic case on April 2, 2011. Given such a drawn out timeline, it’s no wonder everyone looks to Read the rest of this entry »

Latest Import Propecia Lawsuits?

March 4th, 2011. By AbiK

The drug may be from the good ol’ U.S. of A., but it would seem that Propecia lawsuits—and a recent Propecia class action in Canada (or, actually a Proscar class action, as it’s known up north)—may be forging a groundswell here for Propecia litigation. Not surprising, given that the issues with Propecia center around something a red-blooded American male may not want to be publicly “first to market” with, so to speak—i.e., Propecia sexual side effects—better to let the folks across the pond start that trend.

The Propecia side effects being referred to here are lack of sexual drive…impotence. And, from the sound of it in the BBC radio clip above, they may be less rare than you’d expect. Unfortunately too, both “James” (profiled above) and the lead plaintiff in the Canadian Proscar class action are young men—men who should be in their prime sexually. Needless to say, finding themselves unable to perform on the heels of seeking out a remedy for male pattern baldness has been quite emotionally devastating.

Now, to be fair, that Propecia does work to combat male pattern baldness is not in question here—and many men have used the drug successfully. Even those who speak out against it state that it does work for the majority of patients taking it. But at what potential price? What’s at issue here is the number of men who appear to be suffering some rather serious side effects in direct correlation to taking Propecia.

And now, the big question that’s being asked not only here in the US but also on the international media scene, is to what extent are these Propecia side effects permanent? Historically, the ‘official line’ has been that if you either a) continue to just use Propecia, any such side effects will subside; or b) that if you stop taking Propecia, the side effects will go away. Hmm. Try telling that to James and Michael Miller, the young gentleman who’s filed the Canadian Proscar class action against Merck Frosst Canada…

Asbestos News Roundup: 3.3.11

March 3rd, 2011. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Lawsuits

Jefferson County, TX: An asbestos complaint has been filed by the son of Daniel Oney, who died on June 2, 2010, shortly after being diagnosed with lung cancer.

Ronald Oney filed his suit Feb. 25 in Jefferson County District Court,  Under the Federal Employers Liability Act, The suit alleges that Daniel Oney’s employer, Kansas City Southern Railway Co, exposed him to asbestos from 1971 to 1994, while he was employed by the railway.

Daniel Oney was employed by KCSR and worked throughout Jefferson County, according to the lawsuit. During his employment, the suit alleges, he was exposed to asbestos and diesel exhaust, resulting in his being diagnosed with lung cancer on April 28, 2010. The suit alleges KCSR knew of the dangers yet still exposed workers to harmful substances.

The plaintiff is suing for his father’s alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs. (SETexas Record)

Asbestos Law

Olympia, WA: Spenser Abatement Services Inc., a Puyallup asbestos abatement company, has been cited by the Washington Department of Labor & Industries for several willful Read the rest of this entry »

Drug Advertising: “Side Effects May Include” MIA – Why?

March 3rd, 2011. By Hunter West

You know all those drug ads on TV, where new drugs for everything from erectile dysfunction to depression, to cholesterol are touted complete with a shopping list of side effects against a backdrop of shiny, happy people dancing in slow motion in the green grass of a city park, or cavorting across an idyllic beachfront? Case in point, Cialis ad at left.

All that damning voiceover information on side effects and adverse reactions can get lost in the visuals (which is probably the plan), but at least the requisite information is there. 

Why did that not happen with Tylenol, and the potential for acetaminophen toxicity? 

Why did that not happen with denture adhesive, and the potential for zinc poisoning? 

Most realize that most drugs have side effects. Fewer realize that all drugs have side effects at all. And the more intense the drug, the longer the list of adverse reactions. When a new drug designed to treat, say, the propensity to have to get up to pee several times in the night for aging Americans comes on the market, manufacturers know that in order to advertise the drug where their constituents are—parked on their sofas, watching television—they have to abide by advertising regulations and include the side effects. 

You may not recall every adverse reaction rattled off in such TV commercials. You may not remember even one. But you are left with the sense that this is serious stuff, and if you’re at Read the rest of this entry »