Archive for November 2010
CANADA RESTRICTS THE USE OF AVANDIA DUE TO CONCERNS OVER AN INCREASED RISK OF HEART RELATED ILLNESSES | Dallas, Texas Personal Injury Attorney Blog
Health Canada has announced new restrictions and a consent form for the diabetes medication rosiglitazone, sold under the brand name Avandia, because of an increased risk of heart-related illness. The national drug regulator said Thursday that it changed the restrictions after reviewing recent data and in conjunction with manufacturer GlaxoSmithKline Inc.
The drug may increase the risk of serious heart problems, including heart failure, angina (chest pain), heart attack or fluid retention (with or without rapid weight gain). It should not be used by patients who have or have had heart problems, the agency said in a release Thursday. Taking an approach similar to that implemented by the FDA in America, Health Canada says the medication should be used only in patients with Type 2 diabetes when all other diabetes medicines taken orally have not lowered blood sugar enough, or are not appropriate.
The agency said that patients should not stop taking the medication until they have seen their physician to discuss their diabetes treatment, including other options and the benefits and risks of taking rosiglitazone.
Before starting or renewing a prescription for Avandia, doctors must now advise patients to read the consumer information for the drug and to read and sign a consent form indicating they understand the heart-related risks of the medication and they have discussed other treatment options.
The restrictions affect Avandia (rosiglitazone), Avandamet (contains both rosiglitazone and metformin) and Avandaryl (contains both rosiglitazone and glimepiride).
The law in most states provides several personal injury claims for persons who have been seriously injured by a prescription drug with excessive and dangerous side effects. Settlements of these claims are expected to include strict liability for a defective product, breach of warranty, negligence, and misrepresentation. Damages sought against pharmaceutical companies for dangerous drug side effects and injuries include at least the following types of damages:
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Physical pain and suffering, mental anguish;
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Physical impairment;
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Medical expenses associated with efforts to remedy the injuries as a result of the original surgery;
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Loss of earnings and/or earning capacity; and
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In the case of a patient’s death, the family of the victim may file a wrongful death action and seek damages.
Montes Law Group, P.C.
Attorneys: Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone (214) 522-9401
Toll Free (877) 529-8899
LEGAL RIGHTS OF PATIENTS INJURED BY AVANDIA
FORT WORTH POLICE OFFICER ON TRIAL FOR INTOXICATION MANSLAUGHTER | Dallas, Texas Personal Injury Attorney Blog
The trial of Jesus Cisneros, a former undercover narcotics officer for the City of Fort Worth, has begun. Cisneros is being charged with intoxication manslaughter in the death of Sonia Baker (27), who was killed in December of 2009 in an accident prosecutors say was caused by Cisneros. Prosecutors laid out their case claiming that the crash came after Cisneros attended a birthday party for a fellow officer at a Fort Worth bar. Prosecutors claim they have video recorded at the party show the officer drinking heavily. Yesterday, accident investigator Tim Lovett testified that alcohol caused the wreck.
The defense has suggested that the crash was unavoidable because Baker pulled in front of Cisneros while other testimony is showing that Cisneros was traveling at a high rate of speed.
Drunk driving is clearly a problem, and the problem reaches out across all walks of life. Each year, several members of various police agencies are charged with drunk driving. Despite the fact that we count on these police officers to be in control and to enforce the laws against drunk driving, we continue to see stories such as this where it is the officer who is charged with an alcohol related offense. These first responders are often the first ones to arrive at the scene of drunk driving wrecks, and they see first hand the injuries, the deaths and the tragedies associated with drunk driving, yet the story repeats itself.
We hope that you are never in a wreck much less a wreck caused by a drunk driver. However, if you are it is important that you understand your legal rights. Although in Texas there is a 2 year statute of limitations, when the person driving a vehicle is a local or state government employee, the law (the Texas Tort Claims Act) requires that you submit written notice of your claim to the correct governmental entity within a much shorter time period, usually within 6 months from the date of the wreck. If the case involves a federal employee, there may be different notice requirements. In any event, failure to provide the proper and timely written notice of your claim, may cause you to lose all of your rights against the responsible person even if you file a lawsuit within the applicable statute of limitations. Don’t be a victim twice. If you are in an accident, contact an attorney, and make sure you know what your rights are and how to protect your rights.
Montes Herald Law Group, L.L.P.
Attorneys: Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone: (214) 522-9401
Facebook at Montes Law Group, P.C.
MAYO CLINIC STUDY SHOWS MANY DOCTORS NOT AWARE ABOUT FDA WARNINGS ON AVANDIA | Dallas, Texas Personal Injury Attorney Blog
The New England Journal of Medicine has published a Mayo Clinic study that tried to determine if doctors were aware of FDA warnings regarding potentially dangerous drugs. The study used Avandia, a controversial diabetes drug. Avandia is considered to be a good drug to look at for this study because in 2007, following a report published in the New England Journal of Medicine, the FDA required that Avandia come with a “black-box warning” — the strongest warning possible — alerting consumers that the drug was associated with an increased risk of heart attack. Then, in September of 2010, the scrutiny over Avandia intensified further when it was banned in Europe and all but banned by the FDA in America.
The concern with Avandia is that it may increase a users’ risk of heart attack by 43 percent and cardiac-related death by 64 percent, according to the 2007 study published in the New England Journal of Medicine. In addition, there are other concerns about the side effects of Avandia and two other drugs manufactured by GSK, Avandamet and Avandaryl including an increased risks of fractures of the upper arm, hand, and foot of women taking it.
Other reported side effects from taking Avandia include:
- Death
- Heart Attacks
- Congestive Heart Failure
- PPH – Primary Pulmonary Hypertension
- Bone Fractures
- Blindness
- Liver Failure
- Hepatitis
The Mayo Clinic study specifically looked at the impact black-box warnings for drugs have at a national level, and, more specifically, at a geographical level, and how these warnings are incorporated into practice. The Mayo Clinic study found that doctors’ prescribing patterns vary across the country in response to warnings about medications from the U.S. Food and Drug Administration. The result is that patients may be exposed to different levels of risk depending on where they live.
USAGE VARIED BEFORE AND AFTER THE BLACK BOX WARNING
The study found that there was a significant difference in usage of Avandia both before and after the imposition of the black box warning.
USAGE BEFORE THE BLACK BOX WARNING
Before the black box warning in 2007 Avandia was widely prescribed across the country, but there were still regional difference in use:
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In Oklahoma, Avandia was prescribed about 15.5% of the time.
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In North Dakota, Avandia was prescribed about 8% of the time.
USUAGE AFTER THE BLACK BOX WARNING
After the 2007 black box warning was required, the use of Avandia dropped dramatically, but there was still a significant amount of use of the drug, and the use of the drug varied regionally. Following the requirement of the black box warning, Avandia prescriptions dropped nationally 1.3 million monthly prescriptions in January 2007 to approximately 317,000 monthly prescriptions in June 2009.
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In Oklahoma, Avandia use dropped to about 5.6 percent.
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In North Dakota it tumbled to 1.9 percent.
EXPLANATION OF THE STUDY’S FINDINGS
The reasons for the differences aren’t clear, but researchers believe that the explanation for the different usage patterns are due in part to:
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How doctors are made aware of FDA warnings and how they react.
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The policies of state health insurance plans, including Medicaid, in terms of whether or not the drug is covered under state plans; and
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Marketing by the drug-company.
LEGAL RIGHTS OF PATIENTS INJURED BY AVANDIA
If you were prescribed the diabetes drug Avandia® and after taking Avandia® you suffered a heart attack or stroke then you may be eligible for compensation. Heart Attacks and Strokes have been identified as Avandia® Side Effects. In addition, if you have suffered other side effects associated with taking Avandia®, you should contact an attorney to discuss your rights. You may be entitled to compensation.
The law in most states provides several personal injury claims for persons who have been seriously injured by a prescription drug with excessive and dangerous side effects. These claims include strict liability for a defective product, breach of warranty, negligence, and misrepresentation. Damages sought against pharmaceutical companies for dangerous drug side effects and injuries include at least the following types of damages:
- Physical pain and suffering, mental anguish;
- Physical impairment;
- Medical expenses associated with efforts to remedy the injuries as a result of the original surgery;
- Loss of earnings and/or earning capacity; and
- In the case of a patient’s death, the family of the victim may file a wrongful death action and seek damages.
Montes Law Group, P.C.
Attorneys: Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone (214) 522-9401
Toll Free (877) 529-8899
Facebook @ Montes Law Group, P.C.
GREYHOUND BUS CATCHES FIRE IN TUCSON, ARIZONA | Dallas, Texas Personal Injury Attorney Blog
A Greyhound bus traveling from Los Angeles to Dallas with 41 passengers caught fire in Tucson, Arizona near Interstate 10 and Tangerine Road. Investigators believe the fire was caused by a mechanical problem in the engine compartment. Northwest Fire says investigators believe the fire started in the engine compartment but have not stated the specific cause of the fire. However, once the fire started it spread very quickly because of flammable liquids and because of the abundance of combustible materials such as seats and carpet.
Some passengers were evaluated for smoke inhalation
Video of the fire shows how the bus quickly became consumed in a huge fireball.
MontesLaw Group, P.C.
Attorneys: Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone (214) 522-9401
Toll Free (877) 529-8899
Facebook @ Montes Law Group, P.C.
MOST IMPORTANT THINGS YOU SHOULD DO IF YOU ARE INVOLVED IN A WRECK | Dallas, Texas Personal Injury Attorney Blog
We are often asked what are the most important things I can do if I was just involved in an auto accident? Every car wreck is different, but there are steps you can take to help protect your rights and to get your clam paid faster.
- Always take down the complete name, driver’s license, license plate, address, telephone numbers (work, home and cell) of all the people involved in the wreck, including all witnesses. Do not rely on the police report to provide this information. Sometimes the officer may decide not to write up the report after he or she leaves the scene, and you may end up without any contact information.
- Get the insurance information from all people involved in the wreck. Get the name of the insurance company, the agent, the telephone number, and policy number. It is also a good idea to take a picture of the insurance card at the scene and to see if the vehicle is listed on the insurance card and if the insurance is still valid. You can call the insurance company from the scene to report the incident and try to verify that the policy is still in effect.
- Take pictures of everything and everyone. In this day and age of camera phones, almost everyone has a camera with them at all times.
- Take pictures of the damage to all of the vehicles.
- Take pictures of the license plates to all cars involved.
- Take pictures of the roadway, skid marks, broken parts, and damage to poles, bridges or other roadside damage.
- Take pictures of your injuries.
- Take a picture of the driver’s license of every driver involved in the wreck.
- If someone appears to have been drinking, take pictures of any alcoholic beverages or other information to document those facts.
- Call the police if you are involved in an accident and get them to prepare a police report to verify that you were in a car wreck with their insured. Police reports sometimes have new addresses and telephone numbers that the insurance company does not have to reach their insured.
- If the police refuse to respond, file a Blue Form Police Report to document the details of the crash. Be sure to keep a copy.
- If you are injured, seek medical attention.
- We encourage you to seek legal advice promptly after being involved in an accident so that you understand your rights and so that the insurance company does not take advantage of you. We particularly encourage you to contact an attorney before you give any recorded statements regarding the accident. In Texas, you are not required to give a recorded statement to the liability insurance company for the person who caused the wreck. It is important to understand that the insurance company is taking your statement to see if they can find reasons to not pay you or to pay you less than you deserve.
- The claim should be promptly reported in writing to all insurance companies involved. Even if you are not at fault, you are supposed to report the accident to your own insurance company as well.
Montes Law Group, P.C.
Attorneys: Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone: (214) 522-9401
Facebook @ Montes Herald Law Group, L.L.P.
>DROWSY DRIVING STUDY SHOWS DANGEROUS NUMBER OF SLEEPY DRIVERS | Dallas, Texas Personal Injury Attorney Blog
Drowsy driving causes more than 5,500 traffic deaths a year and is a factor in nearly 17% of all fatal crashes. This estimate is a much higher estimate than previously believed. The analysis from AAA Foundation for Traffic Safety of National Highway Traffic Safety Administration (NHTSA) data from 1999 through 2008 finds a much higher prevalence of drowsy driving in deadly crashes than earlier studies. A 1994 analysis found it was a factor in just 3.6% of fatal crashes, and NHTSA says it plays a role in 2%-3% each year.
The new traffic study conducted by the AAA Foundation for Traffic Safety reports that:
- 41 % of drivers surveyed said they have fallen asleep or nodded off at the wheel at some point in their lives;
- 11 % reported they fell asleep or nodded off while driving within the last year;
- Teenagers and men are much more likely than other groups to fall asleep while driving;
- More than half the crashes where drowsy driving was a factor resulted in the driver drifting into other lanes or off the road;
- 70 % of the drivers who fell asleep or nodded off reported that they thought they were awake enough to drive but then found themselves struggling to stay conscious; and
- 16.5 percent of fatal crashes in the U.S. are linked to drowsy driving;
A 2002 survey by the National Highway Traffic Safety Administration (NHTSA) found that 37 percent of drivers reported falling asleep or nodding off while driving at some point in their lives, including 11 percent within the past year.
The 2010 study also had some interesting findings based upon the age and the sex of the driver.
- Drivers ages 16 to 24 were 78 % more likely than drivers between the ages of 40 to 59 to have been drowsy prior to an accident;
- In cases where a crash occurred, men were 61 percent more likely than women to have been drowsy at the time, the survey said.
The 2010 study also noted that drivers who are very sleepy suffer from reduced reaction time and impaired vision and judgment, similar to the effects of driving while drunk. If a driver drinks coffee or other caffeinated beverages to help stay alert, he or she should do so about 30 minutes before driving to give the caffeine time to enter the bloodstream and take effect, the AAA said.
A 1999 study published by AAA found a strong positive correlation between work and sleep schedules and with involvement in a sleep-related crash.
- Compared to drivers in non-sleep crashes, drivers in sleep crashes were nearly twice as likely to work at more than one job and their primary job was much more likely to involve non-standard hours;
- Working the night shift increased the odds of a sleep-related (versus non-sleep-related) crash by nearly six times;
- Time spent asleep per night was also a strong risk factor: the fewer the hours slept, the greater the odds for involvement in a sleep-related crash.
- Drivers in sleep and fatigue crashes were more likely to report difficulties falling or staying asleep and were more likely to rate the overall quality of their sleep as “poor” or “fair.” They were also twice as likely as drivers in non-sleep-related crashes to admit that they got an inadequate amount of sleep; and
- Few drivers reported having a diagnosed sleep disorder, but drivers in sleep-related crashes were more than twice as likely to have elevated Epworth scores, which indicate excessive daytime sleepiness.
Montes Law Group, P.C .
Attorneys: Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone: (214) 522-9401
www.MontesLawGroup.com
Facebook @ Montes Herald Law Group, L.L.P.