Fen-Phen case: JD and MD aren’t interchangeable – you need both

June 22nd, 2009. By AbiK

It’s the whole oil and vinegar thing. They make a beautiful dressing, but they don’t mix. They respect each other’s turf. So it is with lawyers and doctors—normally. Here’s the story… 

Imagine you’ve been taking a supplement—like Fen-Phen—to lose weight. Now imagine you’ve heard that Fen-Phen diet supplement you’ve been taking has been linked to a serious condition, namely PPH (Primary Pulmonary Hypertension). You’ve started to notice some PPH symptoms yourself and you reach out to a Fen-Phen lawyer for help. 

Trouble is, you didn’t reach out through LawyersandSettlements.com (ok, ok, a little bit of self-love there) and this particular lawyer is apparently a schmuck. That’s basically the story (alleged, of course) the Louisville Courier-Journal.com is reporting today. Seems Patricia Fulkerson was part of a national Fen-Phen class action suit back in 2002, and she’s claiming that the law firm, Florida-based Wasserman, Riley & Associates, “exaggerated her heart injuries—and those of other clients—so it could collect higher fees.”

How so you ask? Doesn’t the doctor’s report show the extent of any injury? Read the rest of this entry »

Rite-Aid Wrong Again?

June 20th, 2009. By janem

 

Rite-Aid knows it’s not so much the title you are given, but the work you do. So has the retail chain weighed the odds and decided it is more lucrative to settle a class action suit brought about by approximately 250 assistant managers than to pay them overtime?

 

 

And don’t they read the news? Staples recently paid $2.5 million to assistant store managers who claimed they were illegally classified as exempt and therefore owed overtime pay, and in 2002, RadioShack agreed to pay about $30 million to settle a class action lawsuit filed on behalf of current and former RadioShack store managers and assistant managers.

 

Rite-Aid has been wrong before. Last year, an Oakland attorney filed a suit against Rite-Aid on behalf of more than 1,000 managers and in 2001 those managers (handled by another attorney) were part of a $25 million overtime pay settlement approved by a San Diego Superior Court judge.

 

If and when this latest overtime class action goes to trial, it is speculated that Rite-Aid, as second-time defendants that willfully violated the California Labor Law, might also be slapped with punitive damages. Cha-ching!

 

Fen-Phen hangover?

June 19th, 2009. By AbiK

Mention Fen-Phen or Ephedra to someone and they’ll most likely give you that “oh yeah—I remember that” kind of response. Fen-Phen had pretty much reached that place in nostalgia that’s typically relegated to rather-not-remember fads (hello, acid wash jeans). However, Fen-Phen—and herbal Fen-Phen (aka the mix of Ephedra and St. John’s Wort)—are back in the forefront due to what I call their “delayed hangover” effect. Namely, PPH or Primary Pulmonary Hypertension.

Ever notice with a hangover, everything starts out quite nicely. You drink, you feel that buzz. Then there’s that period when you sleep and it seems like nothing’s happening, simply because you’re not aware of it. Then morning comes. Well, some folks who took Fen-Phen as a weight loss supplement have woken up to find themselves with what appears to be PPH symptoms—years after taking the drug and years after the FDA issued its public health advisory in 1997 announcing its withdrawal.

Ephedra, or should I say herbal Fen-Phen which sounds much more benign, was also yanked from shelves by the FDA in 2004. A look at the Ephedra entry on WebMD shows the effects of Ephedra can be similar to some of the symptoms of PPH. WebMd also mentions that Ephedra…

Matrixx Expects Wave of New Zicam Lawsuits

June 19th, 2009. By Evelyn Pringle

Matrixx is preparing for a new wave of lawsuits from consumers alleging that certain Zicam products have caused anosmia, or loss of smell and taste, according to the June 19, 2009 Arizona Republic.

In early 2006, the company settled one round of 340 lawsuits for $12 million to avoid the legal costs of defending each suit, company officials told the Republic.

On June 16, 2009, the FDA warned the public to stop using Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Gel Swabs, and Zicam Cold Remedy Swabs, Kids Size because they could cause “long-lasting or permanent” loss of smell.

The agency noted receiving 130 reports since 1999 from consumers and doctors. The FDA learned that Matrixx had received another 800 reports during an inspection of the company in May, and claims that Matrixx was required to turn them over to the FDA under a 2007 regulation.

The agency also sent Matrixx a warning letter saying these products cannot be marketed without FDA approval. “Companies have an obligation to the public to demonstrate to the FDA that their products are safe, particularly when there is evidence they may be causing serious adverse events, and they are marketed for minor, self-limiting conditions like the common cold,” said Deborah Autor, director of CDER’s Office of Compliance, in the advisory to the public.

“The FDA has asserted that the Company is in violation of its regulations by failing to file a new drug application for its Zicam Cold Remedy Nasal Gel and Zicam Cold Remedy Gel Swabs and that those products are misbranded under their regulations for failing to adequately warn of risks,” Matrixx said in a June 16, 2009 press release.

“The Company believes the FDA action is unwarranted and is in the process of determining its response, which may include removing these products from the marketplace,” Matrixx wrote.

“These products constituted approximately 40% of the Company’s net sales in 2009,” the release noted.

Medical Schools Rated on Conflicts of Interest

June 18th, 2009. By Evelyn Pringle

This week the American Medical Student Association released its “AMSA PharmFree Scorecard 2009,” based on an evaluation of conflict-of-interest policies at 149 medical colleges and colleges of osteopathic medicine in the US, with a focus on interaction between students or faculty and the pharmaceutical industry

The methodology for the Scorecard was jointly developed by AMSA and the Pew Prescription Project, and assesses policies related to: “acceptance of gifts and meals from industry; consulting relationships; speaking relationships; disclosure of financial conflicts; pharmaceutical samples; individuals with financial conflicts participating in university purchasing decisions; financial support for educational events (on- and off-campus); industry support for scholarships and trainee funds; access of industry sales personnel to medical school or hospital personnel; and inclusion of education about conflict of interest within the academic curriculum,” according to a June 16, 2009, Executive Summary, on the AMSA website.

The presence of oversight and sanctions is also examined, “but not included in grade calculation,” the summary notes.

Of the 149 colleges, 35 schools, or 23%, received an F. Seventeen received a D, 18 were graded C, 36 schools received a B, and only 9 got an A.