Accutane Acne Medication Lawsuit Awarded $13M
Accutane Acne Lawsuit Awarded 13 Million Drug Toxic Chemicals
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Accutane Acne Medication Lawsuit Awarded $13M
A New Jersey jury has awarded three Accutane users nearly $13 million after finding that the drug’s manufacturer, Hoffman-La Roche, did not warn consumers about the possibility of contracting several forms of bowel disorders including ulceratative colitis and Crohn’s disease.
Florida residents prevail in products liability case
According to news reports, three Florida residents, Kelly Mace, Jordan Speisman and Lance Sager – all in their 20′s, used Accutane to control their acne. Afterwards, each developed a bowel disorder that led to serious complications. Mace and Sager continue to receive medical treatment for their injuries and now have an increased danger of colon cancer. Speisman must have his colon removed altogether. They filed a lawsuit against Hoffman – La Roche, the drug’s manufacturer, alleging that the pharmaceutical giant knew about the side effects of the drug, used primarily by adolescents to treat acne, but failed to warn them. A New Jersey jury agreed and collectively awarded them nearly $13 million in damages.
Other lawsuits pending
Other lawsuits have been filed against the drug maker for failure to warn consumers about the drug’s link to inflammatory bowel disease, or IBD. While Hoffman – La Roche maintains that the two are not linked, at least three other juries have disagreed. Last year, a Florida jury awarded an Accutane user $7 million who had to have his colon removed and a New Jersey jury awarded an Accutane user $2.6 million for the injuries he sustained while on the medication. Earlier this year, a Utah jury awarded an Accutane user $10.5 million for the pain and suffering she experienced due to losing her colon as a result of using the drug.
The true number of lawsuits filed against the company is estimated to be well over 500 – and with more multi-million jury verdicts against the company, legal experts say that Hoffman – La Roche may have an uphill battle defending these lawsuits in the future.
If you’ve been injured due to Accutane use, contact an experienced products liability attorney to discuss your situation and evaluate your options. As always, consultations are free of charge, without obligation and are strictly confidential.
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Categories: Personal Injury Laws Tags: C, consumer, legal, Lua
How often can I file for bankruptcy?
often file consumer bankruptcy
How often can I file for bankruptcy?
The technical answer is that you can file as often as you like, but you may not get the result you want, especially because of the post-October 17, 2005 changes in the bankruptcy law.
A debtor cannot obtain a discharge in a Chapter 7 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 8 years, or (b) a Chapter 13 case filed within the past 6 years. The time periods in either case are measured from the commencement dates of the respective cases. The dates of discharge have no bearing on the disqualification.
A debtor cannot obtain a discharge in a Chapter 13 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 4 years, or (b) a Chapter 13 case filed within the past 2 years. The time periods in either case are measured from the commencement dates of the respective cases. The dates of discharge have no bearing on the disqualification.
In addition to these changes in how often a debtor can obtain a discharge in bankruptcy, Congress also enacted changes intended to reduce or eliminate the effect of the bankruptcy stay for serial filers. To oversimplify the changes, the stay will last for just 30 days if a bankruptcy case of the debtor was pending within the preceding year but was dismissed. The stay will simply not come into existence at all if two or more cases were pending within the preceding year but were dismissed. If a Chapter 7 case is dismissed for abuse and the debtor files under a new chapter (such as Chapter 13), however, the stay has its normal duration.
Notwithstanding the above, you can be barred from filing a new case for 180 days after a case is dismissed, if the dismissal (a) is because you willfully failed to abide by an order of the court or to properly prosecute the case, or (b) was at your request after a creditor requested relief from the automatic stay.
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer
Jury Awards Accutane Victim $10.5M for Pain & Suffering
Jury Awards Accutane Victim 10 Million Drug Toxic Chemicals
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Jury Awards Accutane Victim $10.5M for Pain & Suffering
A jury awarded a 24 year old Utah woman $10.5 million for the pain and suffering she went through
after using Roche Holding AG’s Accutane to combat her acne problems. The drug caused her to lose
her colon. The company reportedly faces hundreds of lawsuits for adverse side effects related to
the drug.
The case
A 24 year old Utah woman’s doctor prescribed Accutane to help combat her persistent acne
problems. She had been taking the drug over a seven year period. The drug’s side effects caused
problems with her bowels and she eventually had to have her colon removed. A jury awarded her
$78,500 for medical bills and $10.5 million for the pain and suffering she experienced as a result
of the drug’s side effects. The judge in the case refused to allow punitive damages.
Hundreds of lawsuits filed
According to news reports, hundreds of lawsuits have been filed against the Switzerland based
company over Accutane – a synthetic form of vitamin A used to treat serious forms of acne that can
cause scarring. Reported side effects from the drug, which has been on the market since 1982,
include bowel disease similar to the case above, birth defects, and depression that may result in
suicidal behavior. In addition to the lawsuit described above, others have gone to trial and
juries have awarded plaintiffs close to $10 million combined.
Examples of other lawsuits include those filed by:
A 33-year-old mother who suffered severe depression when she took Accutane and had a child
with severe birth defects
The family of a 15-year-old boy who crashed a small plane into a Tampa skyscraper after
taking Accutane for 8 months
The family of a 14-year-old who took Accutane and was killed when he stood in front of a
commuter train next to the Palo Alto High School football field
The family of a 22-year-old Virginia man who committed suicide while taking Accutane
The family of a 21-year-old woman who attempted suicide while taking Accutane
A 28-year-old man who had most of his colon removed as a result of inflammatory bowel disease
contracted after taking Accutane
If you or a loved one has been injured due to the side effects that are now becoming known
about Accutane, contact an attorney whose practice focuses in this area of the law. Consultations
are free, without obligation and are strictly confidential. To contact a qualified attorney,
please click here. We may be able to
help.
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Categories: Personal Injury Laws Tags: C, example, family, Lua
Is Social Security counted as income in the means test under the new bankruptcy law?
bankruptcy social security consumer bankruptcy
Is Social Security counted as income in the means test under the new bankruptcy law?
No. Social security payments are excluded from the calculation of income for purposes of the means test.
Some consumer bankruptcy lawyers believe that unemployment compensation derives from the Social Security Act and should also be excluded from Current Monthly Income.
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer, employment, lawyers
Roche Must Pay $7M for Accutane Injury
Roche Must Pay 7 Million For Accutane Injury Drug Toxic Chemicals
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Roche Must Pay $7M for Accutane Injury
Hoffman-LaRoche (Roche), the manufacturer of Accutane, has been ordered to pay $7 million to a man whose colon had to be removed after taking the drug – an acne medication also known as isotretinoin. Hundreds of lawsuits have been filed against the drug company over Accutane for allegedly causing Crohn’s disease, depression, and birth defects.
The company had an exclusive patent on the drug for 20 years. However, generic brands of Accutane, Accure (Alphapharm), Aknenormin (Hermal), Amnesteem (Mylan), Ciscutan (Pelpharma), Claravis (Barr), Isohexal (Hexal), Isotroin (Cipla), Oratan (Douglas Pharmaceuticals), and Sotret (Ranbaxy), were released after the company’s patent expired in 2002.
Crohn’s disease
Accutane, introduced in 1982, has been linked to hundreds of cases of Crohn’s disease, a chronic, episodic, inflammatory bowel disease (IBD) that affects the entire wall of the bowel or intestines. In 2007, a jury ordered Roche to pay $2.6 million to a man who developed Crohn’s disease after taking Accutane.
Depression
Accutane has also been linked to depression and suicide. The FDA (Food and Drug Administration) revised the label of the drug in 2005 to include the following warning:
In addition to the strengthened risk management program, FDA continues to assess reports of suicide or suicide attempts associated with the use of isotretinoin. All patients treated with isotretinoin should be observed closely for symptoms of depression or suicidal thoughts, such as sad mood, irritability, acting on dangerous impulses, anger, loss of pleasure or interest in social or sports activities, sleeping too much or too little, changes in weight or appetite, school or work performance going down, or trouble concentrating, or for mood disturbance, psychosis, or aggression. Patients should stop isotretinoin and they or their caregiver should contact their health care professional right away if the patient has any of the previously mentioned symptoms. Discontinuation of treatment may be insufficient and further evaluation may be necessary. (source: www.fda.gov/)
Birth defects?
Accutane has allegedly been linked to thousands of cases of birth defects and miscarriages. Roche has acknowledged that birth defects may be a result of Accutane use. According to information on Roche’s website, www.rocheusa.com:
Accutane must not be used by female patients who are or may become pregnant. There is an extremely high risk that severe birth defects will result if pregnancy occurs while taking Accutane in any amount, even for short periods of time. Potentially any fetus exposed during pregnancy can be affected. . . . Birth defects which have been documented following Accutane exposure include abnormalities of the face, eyes, ears, skull, central nervous system, cardiovascular system, and [more].
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
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Categories: Personal Injury Laws Tags: C, injury, legal, Lua
Under the new bankruptcy law, how does means testing work?
bankruptcy chapter 7 chapter 13 consumer bankruptcy
Under the new bankruptcy law, how does means testing work?
For cases filed on or after October 17, 2005, it remains the law that any individual may file a case under any Chapter of Title 11 for which they are qualified. It also remains the law that the court may dismiss a Chapter 7 case for “abuse,” which need no longer be “substantial.” Congress enacted a mechanical “means test” for determining whether a Chapter 7 filing should be presumed to be abusive.
Performing the means test is straightforward, but very tedious, using new form B22A. The first step is to average the debtor’s income from every source during the preceding six calendar months. A married debtor must also average his or her spouse’s income during the same period, unless the spouses are separated for purposes other than avoiding the means test. Regular contributions toward household expenses by persons other than the debtor are counted in this total. The resulting average is called Current Monthly Income (CMI), even though it is neither current, monthly, nor limited to actual income.
The second step in the means test is to compare CMI with the median income for households of the same size in the debtor’s state. Each state’s average is based on US census figures; click http://www.usdoj.gov/ust/eo/bapcpa/20081001/meanstesting.htm). If the debtor’s CMI (or the debtor’s plus the spouse’s CMI) is above the median income, creditors will later be permitted to file dismissal motions based on alleged abuse. If the total is less than the median income, only the United States Trustee (or the court acting on its own initiative) can file such a motion.
The third step in the means test is the most counterintuitive. If a married debtor is filing individually, the non-filing spouse’s income has so far been part of the CMI calculation. The B22A form directs the debtor to subtract back out all of the non-filing spouse’s income that is not a contribution to household expenses. When this part of the calculation is complete, the resulting “adjusted CMI” will include all of the debtor’s income for the six preceding calendar months plus any regular contributions made by the spouse to the debtor’s household expenses. This new number is compared to the state median income for households of the same size. If it’s smaller, no presumption of abuse arises. If it’s bigger, there are more calculations to perform.
The fourth step in the means test, which need only be done if the debtor’s adjusted CMI is above median, is to calculate deductions in many categories. It’s not possible in a short online discussion like this one to explain how to do this, and the B22A form is (unfortunately) not self-explanatory in every case. The result of subtracting deductions from adjusted CMI is the debtor’s Net Monthly Income (NMI).
The fifth and final step in the means test is to decide how much unsecured debt could be repaid over 60 months using all of the debtor’s NMI. In summary, the decision tree goes like this: . If NMI is less than $110, there is no presumption of abuse. . If NMI is greater than $182.50, there is a presumption of abuse. . If NMI is between those two numbers, one multiplies it by 240 and compares the result with the total of unsecured debt. (The figures of $110 and $182.50 increase periodically for inflation.) If the result is greater, there is a presumption of abuse; otherwise, there is no such presumption. (This calculation determines whether the debtor could repay at least 25% of unsecured debt over the course of a 60-month Chapter 13 plan, which is what the statute actually directs the debtor to figure out. The statutory test is harder to describe.)
A presumption of abuse just means that a Chapter 7 filing is presumed to be abusive in the absence of evidence proving otherwise. A debtor for whom the presumption arises may still rebut the presumption by offering evidence of special circumstances. For example, victims of natural disasters like Hurricane Katrina may show income loss, expense increase, and other adverse effects of the disaster in order to demonstrate special circumstances.
Categories: Bankruptcy laws Tags: bankruptcy, consumer
Accutane – New Study Reveals Increased Risks for Heart and Liver Problems
Accutane Study Drug Toxic Chemicals
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Accutane – New Study Reveals Increased Risks for Heart and Liver Problems
Accutane, is a synthetic form of vitamin A used to treat severe acne. Accutane, while an effective drug for the treatment of acne, has been linked to some serious potential side effects, including birth defects, suicide, depression, and psychiatric disorders.
Accutane has also been linked to higher levels of cholesterol, liver enzymes and blood fats called triglycerides. But a recent study, published in the Archives of Dermatology [correct link http://archderm.ama-assn.org/cgi/content/full/142/8/1016?maxtoshow=&HITS=10&hits=10&RESULTFORMAT=&fulltext=accutane&searchid=1&FIRSTINDEX=0&resourcetype=HWCIT], found elevated levels in a higher percentage of patients than expected. While the drug insert indicates high triglyceride levels in 25% of the patients who had normal lab tests before taking the drug, the new study found elevated levels in 44% of healthy patients. Thirty-one percent of the patients in the study developed high cholesterol and 11% developed abnormal liver tests.
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
While the recent UCSF study reveals increased risks for Accutane patients, the risks do not appear to be serious enough to cause alarm. Dermatologists are expected to continue to closely monitor patients who take Accutane. Most lab results for patients who participated in the study returned to normal once the patients were off the medication.
Always talk to your doctor if you are at all concerned about any drug you are taking. More detailed information about earlier Accutane studies, warnings, lawsuits, and how to find an Accutane lawyer are provided in the articles listed below.
For more information about Accutane, see Drug Overview: Accutane Side Effects and Claims.
For more information about Accutane side effects, see Accutane Side Effects – Suicide, Birth Defects & Inflammatory Bowel Disease.
For more information about Accutane updates, see Accutane Information and Warnings.
If you would like to learn more about Accutane lawsuits, see Accutane Lawsuits, Litigation & Lawyers.
To learn more about Accutane attorneys and how to find one, see Hiring an Accutane Attorney and Lawyer.
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
.
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Categories: Personal Injury Laws Tags: lawyers, legal
What are the different chapters under which an individual can file?
bankruptcy chapters consumer bankruptcy
What are the different chapters under which an individual can file?
There are three different chapters of the Bankruptcy Code under which an individual can file, and they are called Chapter 7, Chapter 11, and Chapter 13. A Chapter 7 case is sometimes called a “straight” bankruptcy, or a “liquidation.” In Chapter 7, a court-appointed trustee sells your non-exempt assets and distributes the proceeds amongst your creditors.
In Chapter 13, you file a plan that obligates you to pay some or all of your debts over a multiyear period. Under the new bankruptcy law, many consumer debtors will be required to file a Chapter 13 bankruptcy and commit to a 5-year repayment schedule.
Chapter 11 is primarily used by businesses that need to reorganize in order to get out from under debt, but is also theoretically available to consumer debtors. (K-Mart and WorldCom are examples of two “big” names who have filed under Chapter 11.) In chapter 11, the debtor proposes a plan for paying some or all of his debts, and his creditors get a chance to vote on whether to accept or reject that plan. In some cases, it may be possible to “cram down” a plan against a dissenting class of creditors. Chapter 11 may be the only recourse for a consumer debtor with an extremely large mortgage that causes his secured debt to exceed the limit for Chapter 13.
A special chapter – Chapter 12 – is available to family farmers and under the new bankruptcy law now covers family fishermen. It was very similar to chapter 13, but without limits on the amount of debts. The new bankruptcy law made significant changes in Chapter 12.
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer, family, mortgage
Hiring An Accutane Attorney and Lawyer
Accutane Lawyer Drug Toxic Chemicals
Free Case Evaluation From An Experienced Drug Liability Attorney.
Hiring An Accutane Attorney and Lawyer
If you or a member of your family has been injured after using the acne medication Accutane, you may be able to get compensation for your injuries. It’s important that you find a qualified Accutane attorney to help you evaluate your case. If you decided to proceed with an Accutane lawsuit, you will need to find an experienced pharmaceutical litigation attorney. Even if you manage to settle your case before going to court, you will almost certainly get a better settlement if you are represented by an experienced Accutane lawyer. A knowledgeable lawyer can add value that far exceeds the cost of the lawyer’s fees.
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
Your Accutane lawyer will know how to handle the specialized aspects of pharmaceutical litigation and will also be experienced in more procedural aspects of your case. Your state law sets out the time you have to bring a lawsuit to recover damages for your injuries. The timing usually depends on several factors, and an experienced attorney can help you file your case on time.
Your Accutane attorney will also help you decided which parties to name as defendants. For example, you may have a claim against your physician for malpractice if the physician didn’t tell you about the risks of associated with Accutane, but you may not have a claim against the manufacturer. Your lawyer will also know the best place to file your suit, since some courts tend to produce better results for plaintiffs than others.
So how do you find a good Accutane attorney? For most types of lawsuits, word of mouth is usually the best way. But drug liability is pretty specialized, and you may not know anyone who has sued a drug company, and even if you did, their experience is limited. A good place to start is AttorneyPages.com, where you’ll find listings for drug liability specialists in your area, or post your case to the free Case Evaluation Form. After posting your case, an experienced law firm that handles Accutane and similar cases will contact you for a free case evaluation, without any cost or obligation.
Check out the following articles for more information about Accutane, filing an Accutane lawsuit and finding an Accutane attorney.
For more information about Accutane, see Drug Overview: Accutane Side Effects and Claims.
For more information about Accutane side effects, see Accutane Side Effects – Suicide, Birth Defects & Inflammatory Bowel Disease.
For more information about Accutane updates, see Accutane Information and Warnings.
If you would like to learn more about Accutane lawsuits, see Accutane Lawsuits, Litigation & Lawyers.
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
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Categories: Personal Injury Laws Tags: family, lawyers, legal
Do I have to list all of my debts?
bankruptcy-do-i-have-to-list-all-debt consumer bankruptcy
Do I have to list all of my debts?
Yes. Failure to list a debt is a serious matter, and in some cases the judge might deny your discharge or dismiss your case. You must list all debts on your schedules. Of course, you can choose to pay a debt that is discharged in bankruptcy. What you cannot do is conceal the debt from the court and your creditors.
Categories: Bankruptcy laws Tags: bankruptcy, consumer