Posts Tagged ‘lawyers’
Defective Medication Under Scrutiny After Supreme Court Ruling
A recent Supreme Court ruling is limiting court actions by injured patients who have filed claims against manufacturers of generic drugs.
The ruling was issued last year and said generic drugmakers do not have control over their labels and therefore cannot be sued for failing to alert the public. Under the 1984 Hatch-Waxman Act, generic drugmakers were not required to undergo the Food and Drug Administration’s (FDA) lengthy approval process if they could prove the generic drug was equivalent to the brand-name medicine.
In most cases, the Henry-Waxman Act requires generic manufacturers use the same labels as brand-name drugs, with dosing instructions and risks for injury. For this reason, judges have started to dismiss many product liability lawsuits against generic manufacturers while allowing those against brand-name drugs to move ahead.
In a March 20, 2012 article, The New York Times reported that a woman who had received the brand name for an anti-nausea medication had suffered gangrene – or a condition that results in dead or weakening body tissue. She sued the manufacturer Wyeth and won $6.8 million.
Another woman took the generic version of the defective drug, known as promethazine, and had to have her arm and forearm amputated because of complications from gangrene. Her case was dismissed last fall following the Supreme Court ruling.
The Supreme Court ruling comes as Americans are increasingly turning to generic medicines. As prices skyrocket and the economy struggles, many health insurance companies are requiring generics be filled before brand-name drugs. Doctors are required to show medical needs for the brand name over generic.
As a result, nearly 80 percent of prescriptions in the United States are filled generic and most states permit pharmacists to dispense a generic in place of a brand name.
What Can Consumers Do:
Support efforts to change the law. Public Citizen, a consumer advocacy group, has petitioned the FDA to give generic companies greater control over their labels. The move may allow generic drug users to sue. U.S. Rep. Henry A. Waxman, D-California, is also exploring ways to address the issue.
Talk to your doctor. Ask your doctor about the medicine being prescribed, the generic and potential side effects. If you are still concerned about potential injuries, ask your doctor to call your insurance company and request a brand-name.
Research any medication you use. Write down the name of the medicine you are prescribed, the medicine you receive at the pharmacy and research both drugs. Discuss any side effects with your physician.
Consider foregoing insurance. If you are really concerned and can afford the brand-name prescription, consider purchasing it. There are many discount drug programs which may help you reduce your costs. Check with any groups you are affiliated with, including AAA and AARP.
Contact your health insurance company. If the company has required you to use generic medications, ask if it has changed its policy and is now allowing use of brand-name medications.
Related:
Massachusetts Patients’ Bill of Rights and Preventing Medical Errors.
Bicycle Accidents Can Be Prevented If Everybody Follows the Law
Bicyclists have returned to the road in large numbers as Boston enjoys an unseasonably warm March. It is an optimal time for drivers to make sure they understand a bicyclist’s rights in Massachusetts and remind themselves to be vigilant when sharing the roadway. And for bicyclists, it is a good time to review the rules of the road.
As drivers, we often watch out for other cars, but fail to do the same for pedestrians, motorcycles or bicyclists. In some bike accidents, drivers do not even see a bicyclist until just before the collision, and sometimes not at all. Other times, we may not understand the laws or are not focused on the road.
What drivers should know about a cyclist’s rights in Massachusetts:
- Bicyclists are allowed to travel on the same roads as drivers (unless the road is a limited access highway) and must follow the same laws.
- Cyclists should generally ride on the right side of the road, but may use the full lane or the left lane when turning to the left, and cyclist may travel two abreast in the lane. They should not impede traffic.
- Many communities, such as Boston, Cambridge and Somerville, offer bike lanes or Shared Lane Markings (also known as Sharrows). Bicyclists are encouraged, but not required to use them.
- When drivers are turning left, they must yield right of way to any bicyclist.
- Cyclists are allowed to pass traffic on the right. Left turning motorists should be particularly aware at intersections where cyclists passing traffic on the right may be hidden from view.
- It is against the law for individuals to open a car door and interfere with the travel of a bicyclist. Drivers and passengers should turn and check for bicycle traffic before opening doors.
- Divers can only pass a cyclist if there is sufficient room. It is illegal to cut bicyclists off after passing. The driver must wait until there is enough room to move back into the lane to avoid causing a bike accident.
Of course, bicyclists must also follow the rules of the road. There are some laws that apply to bicyclists only. For example:
- Cyclists are required to use hand signals to indicate their intention to turn, except when doing so may cause a bicycle accident (for example, when both hands are needed for braking).
- Cyclists have to stop at red lights and stop signs. They cannot ride the wrong way on one-way streets. Bicyclists should ride in the same direction as traffic in their lane.
- Bicycles should be equipped with reflectors and a warning device, such as a bell, and if ridden after dusk or before dawn, must be equipped with appropriate lighting.
- Bicycles cannot be ridden on the sidewalk in a business district. Towns may have additional ordinances about where bicycles can and cannot be ridden.
Drivers and cyclists who have more questions can access information about Massachusetts bicycling laws and safety from MassBike. The Boston-based advocacy organization supports the development of bike-friendly infrastructure throughout the state and offers cycling education and safety programs.
Related:
- Facts About Cycling in Massachusetts
- What Every Massachusetts Cyclist Should Know About Car Insurance
Halloween Safety and a Warning About One Candy
Halloween is a much-anticipated night for children across Massachusetts, who are excited about dressing up as ghosts and goblins, going trick-or-treating and attending costume parties. Parents have a responsibility to protect children by talking to them beforehand about appropriate behavior and dangers to avoid. Here, the Massachusetts personal injury attorneys at Breakstone, White & Gluck of Boston offer tips to help parents and all adults keep the Halloween experience safe and fun for our youth:
- Never let young children go trick-or-treating without adult supervision.
- Take children for a test run of the trick-or-treat walking route during daytime hours.
- Remind children to look both ways before crossing the street and to utilize crosswalks when possible.
- Parents and children should always walk on sidewalks.
- Children should carry flashlights or glow sticks and wear reflective tape.
- Watch out for trick-or-treaters! Drive below the speed limit in residential areas and do not pass stopped vehicles in the roadway.
- Inspect treats before consumption. Discard all homemade goods and candy that poses a choking hazard.
- At your home, leave candles, pumpkins and lanterns in a place where no one can trip and injure themselves.
- Make sure costumes are flame-resistant and will not cause children to fall or trip.
- Click here for information on safe costumes from the Consumer Product Safety Commission.
A New Warning About One Type of Halloween Candy
A new government warning issued this week caught many by surprise as families prepare for Halloween. The Food and Drug Administration (FDA) reported there is a link between black licorice and an irregular hearth rhythm. If you’re 40 or older, eating two ounces of black licorice a day for at least two weeks could land you in the hospital with an irregular heart rhythm or arrhythmia.
The FDA says black licorice contains the compound glyrrhizin, which can cause the body’s potassium levels to fall. This can trigger abnormal heart rhythms, high blood pressure, edema, lethargy and congestive heart failure.
The good news? Licorice lovers can enjoy their candy in moderation. And if you have ever enjoyed too much licorice and experienced health problems, they are unlikely to reoccur unless you once again eat more than the recommended licorice limit. The FDA says all health complications end when black licorice consumption stops.
Click here for more information about the FDA’s Oct. 25, 2011 warning about black licorice.
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