Asbestos On Broadway- Mesothelioma Preview
Posted by Chris in Community, Defective Products, Mesothelioma on December 14, 2010
A number of years ago the famous actor Steve Mcqueen died from mesothelioma a form of cancer only caused by exposure to asbestos. At the time there was much speculation about the source of his exposure. Was it the snow that was used as a prop that was really asbestos? Was it the theater curtains he moved around? Several years later I was visiting London with my family and attended a play in the London Theater district. I was fortunate to sit close to the stage. As the band was warming up I noticed what appeared to be asbestos curtains. I knew this from my experience representing mesothleioma victims. So I went for a closer look. Sure enough the tag was still on the curtains indicating they were in fact made from asbestos and manufactured by a company known as Amatex. I thought to myself how primitive. These Brits obviously dont worry about these things the way we do. The show was great and the people in London could not have been nicer.
This week I learned that there is a case pending in NY City of a person who claims to have developed mesothleioma from theater curtains. My first response was that this must have been a result of exposure to curtains removed long ago. Asbestos curtains must have been reomoved from Broadway long ago? Well apparently that is not the case. Apparently asbestos curtains will be removed from Broadway in 2011 in accordance with the following schedule:
Schoenfeld Theater – 236 West 45th Street New York, NY – January 7 at 10 am.
· Music Box Theater – 239 West 45th Street New York, NY – January 21 at lOam.
Here is a portion of the letter from the asbestos defense lawyer:
Now everyone is on notice.
Hmm. Those Americans-how primitve!
Shame on Canada- Is the money really worth the cancer?
Posted by Chris in Mesothelioma on December 13, 2010
For years the Canadain asbestos mining companies have refused to pay fair compensation to US citizens whom they have poisoned for decades. They hide behind the laws of Quebec and tell US mesothleioma victims come chase us in Canada if you want just compensation. This is despite the fact that these Canadian mining companies pumped millions of tons of asbestos into the United States responsible for the death of tens of thousands of US citizens. The proof is quite clear that these companies knew about the dangers of asbestos going back to the 1930s and were actively involved in a cover up to prevent workers from learning about the true dangers assocated with these products. The story below is but another example of how money in Canada has surpassed the concern for people.
LONDON – A medical journal is criticizing Canada for exporting asbestos to poor countries, joining others who have condemned the practice as hypocritical.
A report in the journal Lancet on Thursday notes that Canada virtually bans the use of asbestos. But, unlike other rich nations, it remains a major exporter of chrysotile, or white asbestos.
The Canadian Minister of Natural Resources office said its practice has a “sound scientific basis.”
Asbestos is a natural mineral which can be processed for use in rooftops, piping, or building materials. Inhaling its fibers scars the lungs and can lead to respiratory diseases, including cancers.
The World Health Organization says all types of asbestos cause cancer and more than 50 countries have banned it. About 100,000 people die every year from asbestos-related diseases and 125 million people remain exposed to the deadly substance worldwide.
Canada is the world’s fourth biggest exporter of asbestos, after Russia, Kazakhstan and Brazil. Last year, Canada shipped 150,000 tons to countries including India, Indonesia and the Philippines, where few laws exist to protect people from asbestos.
In Canada, the government has spent millions of dollars removing asbestos from buildings across the country, including its Parliament.
Numerous Canadian organizations, including the Quebec Medical Association, Canadian Cancer Society and the Canadian Medical Association have labeled Canada’s asbestos exportation as deplorable, shameful and unethical. They describe it as Prime Minister “Stephen Harper’s killer legacy.”
“Canada should not be exporting asbestos to developing nations where there are few or no workplace regulations,” Richard Horton, editor of the Lancet, said in a statement.
He called for an end to “this immoral export of asbestos-related death and disease to some of the most vulnerable people in the world.”
The report was written by the Lancet’s Tony Kirby.
With asbestos deposits dwindling in Quebec, where Canada’s asbestos is mined, the industry appeared doomed. But an international consortium proposed converting a closed mine into a new operation that could produce about 260,000 ton of white asbestos a year. Quebec is considering providing a $57 million loan guarantee for the project, according to previous published statements by the provincial government.
The international consortium that wants to reopen the mine claims Canadian asbestos is only sold to manufacturers with responsible use practices in place. Developers said all the mined asbestos would be sent abroad, with about half of it going to India. The consortium also said they would use pictures to instruct people on the safe and responsible usage of asbestos.
The office of the Canadian Minister of Natural Resources said they believe the risks linked to asbestos can be managed.
“Canada’s policy of controlled use has a sound scientific basis and is a responsible approach,” said Paul Duchesne, a spokesman for the minister in an e-mailed statement.
“Through the enforcement of appropriate regulations to rigorously control exposure to (white asbestos), the health risks associated with processes and products can be reduced to acceptable levels,” Duchesne said.
The Canadian government says the risks from white asbestos can be managed in controlled conditions, like if the substance is covered by another material so the asbestos layer is not releasing dust.
Kathleen Ruff, a senior human rights adviser to the Rideau Institute, an independent research and advocacyorganization in Ottawa, said that exporting asbestos and refusing to alert poor countries to its dangers, Canada is intentionally doing harm.
In 2006, Canada led an effort to block a United Nations convention that would have made it mandatory to warn countries of hazardous substances like asbestos, she said.
“Canada has blood on its hands,” Ruff said. “What we are doing is unconscionable. The whole world should condemn us.”
Protesters plan to hit the street this week in Asia, London and Quebec, to demand a global ban on asbestos in any building materials.
2.4 million verdict against Union Carbide
Posted by Chris in Mesothelioma, Mesothelioma News on November 30, 2010
The day before Thanksgiving a Baltimore jury returned a verdict of $2.4 million in a mesothelioma case against Union Carbide. The plaintiff in the case worked for national gypsum and was exposed to asbestos fiber manufactured and sold by Union Carbide. This was extremely difficult case for the plaintiff and a well-deserved victory. Congratulations to my friends at the law office of Peter Angelos who represented the plaintiff.
DePuy Hip Replacement Recall Prompted by Manufacturer of Hip Replacement Devices
Posted by Chris in Hip Replacement Recall on November 29, 2010
DePuy Orthopaedics, Inc., a division of Johnson & Johnson issued a recall in August of this year on its ASR XL Acetabular System (a hip socket used in traditional hip replacement surgery) and ASR Hip Resurfacing System (a partial hip replacement that involves placing a metal cap on the ball of the femur)—both of which have been used in hip replacement surgery.
Both hip replacement products have been recalled by the manufacturer from hospitals, surgeons and patients because they have been linked to a high failure rate. The products also have the possibility to release high levels of metal ion into patients. Pain, swelling, problems walking and other complaints were noted by the company according to CNN Money. The FDA has received about 300 complaints about the ASR line of hip replacement devices since 2008 and after more than two years the company issued a release that it was recalling the two types of hip replacements.
About 93,000 of these devices have been implanted worldwide, the New York Times reported in March. Patients who have had the ASR line of hip replacement products have needed additional secondary surgeries to replace these devices. The medical procedure is what is known as a “secondary surgery.” These “secondary surgeries” can become very expensive and are painful procedures which could have been avoided had the hip replacement device not been marked as potentially defective.
“We are discovering that there are multiple clients throughout the U.S. who needed to receive additional surgeries as a result of injuries they suffered since the initial hip replacement surgery.” “They received DePuy hip replacement systems in those surgeries and subsequently experienced recurring injury, additional expense, and significant pain. We are currently exploring all legal options on behalf of clients.”
Anyone who has received a hip replacement in the U.S. after July 2003 may have have received a DePuy device that contains defects.
If you have suffered injury from the ASR hip replacement system, please fill out the form or contact us immediately at lawyers@cprlaw.com or give us a call at 1-888-375-7600.
Taking America for Granted
Posted by Chris in On My Mind on August 17, 2010
This morning I awoke to a story in the New York Times about a young couple stoned to death in Afghanistan. The couple was condemned to death by the Taliban for eloping by more than 100 men who lived in the town where the couple grew up. As I shuddered imagining the scene of this gruesome act, I was reminded once again of how fortunate we are here in America. For most of us, we are here by a pure twist of fate lucky enough to have been born as a result of a struggle for a better life by relatives that came before us. While I thank God for my good fortune, I am saddened by the injustices suffered by many as a result of being deprived of the basic freedoms we often take for granted. May God bless you all my friends, family and neighbors and may we never forget how fortunate we are.
Congratulations to My Friend & Mentor Ronald Motley
Posted by Chris in On My Mind on May 19, 2010
I am very proud to relate that my friend and mentor Ron Motley has been awarded the American Association for Justice’s most prestigious honor, the Lifetime Achievement Award, in recognition of his pioneering work and continued commitment to the pursuit of justice. AAJ was formerly known as ATLA and is recognized as the Trial Lawyers’ national association.
Through perseverance, creativity and innovation, Ron has saved countless lives, challenged corporate malfeasance, delivered justice and influenced systemic changes throughout our civil justice system, our nation and our world. His unique personality, quick wit, intolerance for defeat and awe-inspiring passion have served as the foundation for the extraordinary contributions that he has made in search of justice, and he has fearlessly served as an international leader whose courage and voice have not only had an incredible impact on the legal profession and our firm but also our society and the individuals to whom he has given a voice.
Ron has tried more cases in more states than any lawyer in the history of the United States. I am ever so proud to call him my friend.
14 Million Dollars Awarded in Miami Mesothelioma Trial Involving Union Carbide
Posted by Chris in Mesothelioma on May 19, 2010
Today a Miami jury handed Union Carbide a major loss in a mesothelioma asbestos case. Union Carbide is a supplier of asbestos that is incorporated into other products like Spackle or joint compound. In this case, the jury assessed Union Carbide with 46%of the verdict. The other defendants in the case settled before trial. Congratulations to our friend Juan Bauta of The Ferraro Law Firm who did such a great job representing the family.
Neurontin: 142 Millions Reasons Why You Need to Ask Lots of Questions When a Doctor Prescribes a New Drug
Posted by Chris in Dangerous Drugs, Neurontin on March 26, 2010
A Massachusetts Jury yesterday found Pfizer Inc. violated U.S. racketeering law in the marketing of its epilepsy drug Neurontin and should pay $142.1 million in damages.
As reported by Bloomberg.com
“Kaiser Foundation Health Plan Inc. and Kaiser Foundation Hospitals claimed in a month long trial in federal court in Boston that Pfizer illegally promoted Neurontin for unapproved uses. The insurer said it was misled into believing migraines and bipolar disorder were among the conditions that could be treated effectively with Neurontin, approved in 1993 by the U.S. Food and Drug Administration for epilepsy.
“The jury found Pfizer engaged in a racketeering conspiracy over a 10-year period, “Tom, a lawyer for Kaiser, said after yesterday’s verdict. “That bodes well for future cases.”
U.S. District Judge Patti Saris, who presided over the trial, is overseeing federal lawsuits from throughout the U.S. targeting Pfizer with injury claims and allegations of fraudulent sales and marketing of the drug. In a ruling last year, Saris said that fraud findings against Pfizer in the case decided yesterday could be binding against it in future trials.
Oakland, California-based Kaiser, the first insurer to try a Neurontin case against the world’s biggest drugmaker, claimed it was forced to pay $90 million more than it should have for Neurontin.
The jury, which deliberated for two days, found that New York-based Pfizer violated the federal Racketeer Influenced and Corrupt Organizations Act, or RICO, and California’s Unfair Competition Law. Under RICO, the amount of actual damages found by the jury, $47.36 million, will be tripled.
‘A Triumph’
“This is a triumph for evidence-based medicine over marketing-based medicine,” said Thomas Greene, a Kaiser lawyer.
Pfizer made no offer to settle the case before trial, Greene said.
“We are disappointed in this verdict,” said Chris Loder, a Pfizer spokesman. Pfizer will file post-trial motions challenging the verdict and plans to appeal, he said.
Pfizer fell 22 cents to $17.39 yesterday in New York Stock Exchange composite trading.
During the trial, Pfizer argued that Kaiser doctors continued to prescribe the drug even after the health insurer sued Pfizer in 2005. The insurer’s Web site also still lists Neurontin as a drug for neuropathic pain, Pfizer lawyers said in closing argument.
“We took that into consideration,” said Danielle Hurley, a 22-year-old artist who sat on the jury. “Kaiser was proactive, but could have been more proactive.”
Shocked by Evidence
Hurley said she was shocked by evidence that Pfizer knowingly marketed Neurontin for off-label uses without proof that it was effective.
All of the five jurors interviewed after the verdict said they agreed that Pfizer had demonstrated “a pattern of fraud” in marketing the drug.
“It was clearly a snow job,” said juror Paul Anderson, a technical writer.
“The message, if there was a message, is that they acted in a fraudulent manner,” said Hank Pierotti, foreman of the eight-person jury. “If you’re fraudulent, you deserve to be punished.”
Kaiser claimed Neurontin was wrongly prescribed for off- label uses, including treatment of neuropathic pain, and in dosages larger than the maximum approved by the FDA.
Jurors yesterday found that Pfizer violated racketeering laws with respect to four of the five off-label uses in question.
Company’s Studies
The company’s own studies showed that Neurontin was no more effective than a placebo in treating those conditions, though Pfizer never told doctors or patients about the findings, Kaiser said.
Several jurors said they were strongly influenced by the testimony of former FDA Commissioner David Kessler and Kay Dickerson, a Johns Hopkins epidemiologist whose article casting doubt on clinical studies of Neurontin appeared in the New England Journal of Medicine last year. Both testified on behalf of Kaiser.
“Dr. Dickerson was the lynchpin,” jury foreman Pierotti said.
Pfizer argued that Kaiser didn’t present testimony from any doctors claiming they wouldn’t have prescribed the medication if they had known better, Pfizer’s lawyer argued.
“No doctor wants to admit they were defrauded,” Pierotti said.
Warner-Lambert
Warner-Lambert Co. developed and marketed Neurontin for several years before Pfizer acquired the company in 2000. Four years later, Warner-Lambert pleaded guilty and agreed to pay $430 million to resolve off-label marketing allegations by the U.S. Justice Department.
Saris permitted jurors to hear evidence of the settlement during the trial.
“That helped a lot,” said juror Anderson.
The Justice Department claimed in a 2004 sentencing memorandum that Warner-Lambert’s marketing increased off-label sales from 15 percent of all Neurontin prescriptions in 1994, its first year on the market, to 94 percent, or $2.12 billion, of Pfizer’s Neurontin sales in 2002.
In 2002, responding to press reports of Pfizer’s allegedly fraudulent Neurontin marketing, Kaiser began an information campaign that led to a 34 percent drop in Neurontin prescriptions to its members, according to Saris.
Product Liability Suits
Among the cases in Saris’s court are product-liability suits claiming the drug is linked to an increased risk of suicide. The first trial in one of those, over the suicide death of a 39-year-old woman, ended when her family dropped the case. A second trial, involving the suicide of a 57-year-old Massachusetts man, is scheduled to begin next week in Boston.
In January, Saris dismissed fraud claims by Aetna Inc. and Guardian Life Insurance Co. against Pfizer. Unlike those companies, Kaiser showed it had considered Pfizer’s allegedly false claims and data in deciding to pay for off-label Neurontin prescriptions, Saris ruled before the trial.
The case is In re Neurontin Marketing, Sales Practices and Products Liability Litigation, MDL 1629, U.S. District Court, District of Massachusetts (Boston).”
A Remedy for True Happiness at Last
Posted by Chris in Uncategorized on March 25, 2010
This is pretty funny
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