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Prescription drugs are often a target of litigation for a variety of reasons. In some cases, risks relating to prescription drugs are not disclosed to the patient through the drug label so patients cannot truly make an informed decision about the drug to weigh the risks against the benefits. In these cases, a lawsuit may be appropriate if the patient experiences a serious illness when the risk becomes a reality. In other cases, the drugs are not properly manufactured which may lead to an improper dosage that may pose a risk to a patient.   There are other several reasons why a lawsuit may be brought against the manufacturer of a drug when it relates to a life threatening illness that a patient encounters after taking the drug.     So, the following tips are designed to assist in in preventing the risk of a life threatening illness from a prescription medication.

  • Ask your physician to describe the risks and benefits associated with the medications you are being prescribed.
  • View your prescription before you leave your physician’s office. If the names of the drug, dosage or directions are not legible to you, ask the physician to clarify and write it down for your own records.
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Lawsuits involving the manufacturer of Chantix surfaced appropriate two years ago when it was discovered that there was a high number of people who demonstrated hostility, violence, were at risk for suicide or committed suicide following use of the quit-smoking drug. In short, an elevated number of people using Chantix experienced one or more types of psychotic behaviors following use of the drug.

Recently, a Vermont man using Chantix murdered his mother and Chantix has been a focus in this litigation. The plaintiff’s attorneys contended that the man was under the influence of Chantix when he murdered his mother. This Vermont man is now facing seven to fifteen years in prison.

Since it was first discovered the Chantix is linked to psychotic behavior, Pfizer, the manufacturer, was required to place a black box warning on the drug label. Chantix was approved by the FDA

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Risperdal and Requipare are two medications that have caused confusion in both people dispensing the medication and those receiving the medications. Both generic and brand names, risperidone (Risperdal) and ropinirole (Requip), have sounded similarly enough that the wrong medication has been dispensed to over 200 people. In several of these cases, people had to be hospitalized. The carton label and packaging are also similar, adding to the confusion. Pharmacists may have also misinterpreted the handwriting of the physicians who prescribed the medication since the names are spelled similarly. The drug strengths, dosages and times of day requirements for taking the drug are also similar. However, the two drugs are very different, as follows:

* Risperidone (Risperdal) is an antipsychotic drug that is prescribed for the treatment of schizophrenia, bipolar disorder, and irritability associated with autistic disorder.

* Ropinirole (Requip) is a dopamine type of drug that is prescribed for the treatment of Parkinson’s disease and Restless Legs Syndrome.

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Indiana citizens no longer have the right to resist police from entering the home. Formerly, Indiana citizens had the right to not allow police officers to enter private homes if the resident indicated it was not their preference for any reason. This new case law came about after justices were faced with a decision to make in May when police officers had to respond to a domestic disturbance. Of course, in a situation, such as described, the preservation of all citizens’ rights and the protection of all citizens are the top priorities for police officers. As such, the court decided it was in the best interest of all parties to abolish the law, meaning that citizens cannot resist police entry into private homes when police officers deem entrance necessary.

In summation, it is unlawful for citizens to resist requests from police by blocking entry to places that police wish to enter. Police officers have the right to file charges against people who interfere with the proper execution of the law. Failure to cooperate with the police and violation of the law may result in a misdemeanor. In heated situations, like domestic disturbance or violence, there have been instances where people have attempted to block entry of the police not their residences. It is this type of inappropriate judgment that has caused the courts to step up to revisit the situation and adjust the law accordingly. Indiana law changes are swift when necessary.

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Indiana tax modifications of numerous types took effect on January 1, 2011. These modifications relate to environmental remediation expenses, charitable retirement plan distributions, qualified tuition and fees, student loan interest, annual employer exclusions, transportation fringe benefits, educational expense exclusions, transportation fringe benefits, start-up expenditures, and depreciation of leasehold improvement.

Indiana tax modifications are, for the time being, temporary, and may return to original Indiana tax laws in several areas by 2015 and 2025. Though the tax modifications have been designed to reduce expenses, individual tax rates are higher than the 2010 rate. The Illinois tax rate also escalated for trusts and estates.

Taxes are a topic of concern for all Americans today. Tax laws are very specific for individuals and corporations. Laws relating to payment of taxes are also very specific. Tax payments and negotiations for payments plans are very different when compared to credit cards companies, utilities and any other type of business that you may develop a payment plan with. When payment plans for taxes are developed, income needs to be evaluated, expenses are considered and several other factors may play a role in the outcome the payment plan. It is very important to stay on top of taxes with the best form of preparation. Accountants are the best assistants to help prepare your taxes. It is very important to meet deadlines and fulfill your agreements with the IRS on the state and federal level. If you cannot make

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Humira, manufactured by Abbott for the treatment of arthritis, has been known to cause a fungal infection, which may be life threatening in certain people who may be considered candidates for the medication. Since all medications have some level of risk,  this may not be a surprise. Yet, what is a surprise is that some suspect that Abbott did not disclose this risk to the public until after the company had distributed the medication nationwide.

In 2010, Abbott Laboratories filed a letter to make physicians aware of the risk of fungal infection associated with Humira use. However, some contend that Abbott knew about the risk of fungal infection for quite some time before the company issued the warning to physicians.   In 2008, the FDA required Abbott to warn physicians about several fatal risks associated with Humira, such as, Histoplasmosis.

Other side effects associated with Humira include: optic nerve damage, lymphoma, vision issues and other nerve damage.

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Class Action Suit for Avandia in Illinois

Avandia is a target for over 40 lawsuits filed in Illinois that were filed in St. Clair County Circuit Court in May 2011. There are many other lawsuits throughout the U.S. against the makers of Avandia, a diabetes medication linked to cardiovascular disease and heart attack manufactured by GlaxoSmithKline. It is contended that GlaxoSmithKline aware of the risk in 2005 but did not properly inform the public. Therefore, people were not permitted to make a well informed decision about the benefits and risks associated with the drug.  The most recent Avandia lawsuits filed in Illinois account for an estimated$600,000 in damages. 

Approximately four years ago, The New England Journal of Medicine released a report demonstrating the risk of cardiovascular issues associated with Avandia. The FDA then issued a black box warning about the risk of cardiovascular issues.   The injuries that people using Avandia have experienced include: congestive heart failure, heart attack, stroke, liver failure, bone fractures, vision loss and death.  Despite the request from several interested parties to remove the drug from the consumer market, Avandia has never been recalled in the U.S. Instead, the FDA issued restrictions on the purchase of Avandia. The restrictions include that Avandia only be available at specific pharmacies. People interested in taking Avandia must participate in an educational program about the drug.

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RECALL ON MIZUNO BASEBALL AND SOFTBALL GLOVES

The U.S. Consumer Product Safety Commission, in cooperation with Mizuno, today announced a voluntary recall of Mizuno Supreme Series and Ballpark Pro baseball and softball gloves.   Consumers should stop using recalled products immediately unless otherwise instructed.   It is illegal to resell or attempt to resell a recalled consumer product.

Some gloves were found to contain a variety of molds that could cause respiratory or other infections in persons suffering with chronic health problems, or in individuals who have impaired immune systems.

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The Indiana Legislature has decided to take away the allocation for public funding for Planned Parenthood recently, a notable change in the new abortion law. Indiana is now the first state that will not provide funding for abortions. Planned Parenthood funding has been eliminated effectively immediately.  In fact, soon Medicaid patients may be a risk of a cut off from services as well.

This Indiana law means that it is also the first state to deny Medicaid funds for preventive health services as well, including:  gynecological pap smears and breast exams.  Missouri and Texas have also eliminated Medicaid grants for family planning. The Indiana Right to Life program also supports this claim.

Indiana abortions are also banned following the 20th week of pregnancy unless the pregnant woman is at risk of a life threatening illness.

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          Effective today, it is now illegal to text or email and drive in Indiana.   Doing so is now an infraction subjecting the unsafe and negligent driver to a $500 fine.  It is hoped that the new law will lessen driver distraction and decrease many car accidents caused by the failure of drivers to keep a proper lookout as they read, text and drive.

 Indiana lawmakers indicated that the law against texting will prevent many auto accidents especially among teenagers that can cause serious injuries, damages and even wrongful deaths.  However, the law does not prohibit game playing, picture taking and even surfing while driving! 

  Fortunately, Indiana has other laws that an injury lawyer can rely upon in helping clients.  A distracted driver may not realize that they are speeding or approaching areas that require speed reduction for the safety of other drivers and their own passengers.  The Indiana Vehicle Code requires that the driver of each vehicle shall, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, approaching and going around a curve, or hill crest,  while traveling upon a narrow or winding roadway and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. 

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