Accutane Lawsuits, Litigation & Lawyers
Accutane Lawsuit Drug Toxic Chemicals
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Accutane Lawsuits, Litigation & Lawyers
The acne remedy Accutane, a synthetic form of vitamin A used to treat serious forms of acne that can cause scarring, has been the subject of extensive litigation because of a long list of side effects including inflammatory bowel disease, suicide, and birth defects.
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
The U.S. manufacturer of Accutane, Hoffman La Roche, is part of the international conglomerate known as “The La Roche Group,” with affiliates in 150 countries. “The La Roche Group” is estimated to be the seventh largest pharmaceutical company in the world. Accutane is one of Hoffman La Roche’s top sellers with estimated annual sales of $1.2 billion. Accutane is also one of the 3 drugs on the market with the most reports of adverse side effects, and this has led to extensive litigation. Lawsuits have been brought against Hoffman La Roche for alleged adverse reactions caused by Accutane including gastrointestinal disorders, suicides, and birth defects.
In May of 2007, a man who suffered gastrointestinal harm received a judgment of $2.5 million against Roche. This was followed in October 2007 by a judgment for $7 million to a man who had his colon removed. Roche appealed the second judgment and it was upheld in February 2008. In April 2008, a 24-year-old woman who had part of her intestines removed won a $10 million verdict against Roche. Roche has vowed to appeal all judgments for injury caused by inflammatory bowel disease, claiming that the link between inflammatory bowel disease and Accutane has not been proven and that Roche has had a warning for the condition on the label for over 20 years.
Lawsuits about psychiatric side effects of Accutane include the following:
The family of Charles Bishop, a 15-year-old boy who crashed a small plane into a Tampa skyscraper after taking Accutane for 8 months.
The family of Steven Wertheimer, a 14-year-old who 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.
The family of a 21-year-old woman who attempted suicide while taking Accutane.
Another suit against Hoffman La Roche was filed by a 33-year-old mother who suffered severe depression when she took Accutane and had a child with severe birth defects. At least one appeals court (New Jersey) has ruled, however, that Hoffman La Roche cannot be liable for birth defects caused by Accutane, because Hoffman La Roche has been warning both health care providers and patients about the risk for many years. Patients may still have claims against health care providers, clinics, or others who prescribed Accutane unnecessarily, did not warn of side effects, or did not monitor the patient adequately during treatment.
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.
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: family, injury, lawyers, legal
Under the new bankruptcy law, what will happen on my car loan?
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Under the new bankruptcy law, what will happen on my car loan?
Car loans are harder to write off. Under Chapter 13, debtors must repay the entire car loan if they bought a car within 910 days of the bankruptcy filing. For example, if you had an outstanding balance of $5000 on a car loan whose blue book value was only $3000, you would be required to pay the entire $5000 balance (assuming you want to keep the car) if the car was purchased less than 30 months of filing.
Cars are also harder to redeem in Chapter 7 cases, since the law now requires paying the lender the retail replacement value of the car. That value is generally higher than the private sale value that was commonly used under prior law. It remains possible for a debtor to surrender a car when keeping up the payments will be impossible.
BAPCPA creates a formal way to assume a personal property lease, such as a car lease, in a Chapter 7 case. The lease will be deemed rejected if the case trustee fails to assume it within 60 days after filing. At that point, the debtor may notify the creditor that the debtor wishes to assume the lease. The creditor may, at its option, notify the debtor that it is willing to have the lease assumed and may condition the assumption on cure of any outstanding default. The debtor then has 30 days after the creditor’s notice to send a further notice that the lease is assumed.
In some districts, an informal “fourth” option (besides redemption, reaffirmation or surrender) has been in use, whereby the debtor simply continued to make loan or lease payments on the original contract terms. BAPCPA purports to abolish this option, and some car lenders have communicated their intention to require debtors to make an election between the three statutory options. Some other car lenders are willing to go along with the fourth option anyway.
The means test for Chapter 7 debtors and the disposable income calculation for above-median Chapter 13 debtors take account of car loans in a peculiar way. In calculating the expense deduction for secured debts, you must add up the payments for the next 60 months and divide by 60 to calculate the deduction. To see how unfair this is, imagine that you have just 6 more payments to go on a car that’s almost 5 years old. You will be allowed to deduct just one-tenth of your actual monthly payment in figuring out the means test, even though you will probably have to buy a new car within the next few years. A bankruptcy lawyer is not, however, allowed to advise you to buy a new car before filing, because Congress has seen fit to forbid “debt relief agencies” from advising someone to incur new debt. You might never understand this problem if you hadn’t read about it here.
Categories: Bankruptcy laws Tags: bankruptcy, consumer
Accutane Information and Warnings
Accutane Information Drug Toxic Chemicals
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Accutane Information and Warnings
Accutane, the trade name for the generic drug isotretinoin, is approved by the FDA for the treatment of cystic or nodular acne that can cause severe scarring. Because of serious and varied side effects, Accutane is recommended for use only when all other possible treatments have failed. Accutane is a synthetic form of vitamin A that decreases the amount of oil on the skin and increases the rate of skin replacement.
Suffered harm from Accutane? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights. Accutane has been linked to pancreatitis and inflammatory bowel disease. Increased suicidal thoughts and suicide attempts may also be Accutane side effects. These issues have been the subject of several lawsuits, See Accutane Lawsuits, Litigation & Lawyers for more information. Some of these lawsuits argue that Hoffman La Roche has withheld information about the danger of suicide and other psychiatrically related Accutane side effects. The FDA has required Hoffman La Roche to increase the level of warning about psychiatric disorders related to Accutane use in 1998, 2000, and 2002.
Hoffman La Roche, the manufacturer of Accutane, admits that Accutane causes birth defects in many children born to mothers who took Accutane during pregnancy or shortly before becoming pregnant. A 1990 FDA report estimated 11,000 to 13,000 Accutane-related abortions and 900 to 1,100 Accutane-related birth defects since the drug had been approved. Under pressure from consumer advocacy groups and the FDA, Hoffman La Roche has issued warnings of the danger of birth defects and set up programs intended to educate patients and reduce the number of women who become pregnant while taking Accutane.
A more recent study has linked Accutane to heightened levels of tryglycerides, cholesterol, and transaminase.
If your health care provider recommends treatment with Accutane, carefully consider the side effects, take every care not to become pregnant during the treatment, and make sure that you and your health care provider monitor your health for possible side effects.
If you or a family member have been injured or a family member has died after using Accutane, you may be entitled to receive compensation for your damages. Consult a qualified Accutane attorney to have your case evaluated.
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 – Inflammatory Bowel Disease, Suicide, & Birth Defects .
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.
Read more for related video clips.
Categories: Personal Injury Laws Tags: consumer, family, lawyers, legal
What is a reaffirmation agreement?
reaffirmation agreement consumer bankruptcy
What is a reaffirmation agreement?
A reaffirmation agreement is a contract between you and the creditor that you will pay all or a portion of the money owed, despite the bankruptcy filing. In return for keeping your property after the bankruptcy, the creditor promises that, as long as payments are made, the creditor will not repossess or take back the property.
Before entering into such an agreement, ask an attorney to ensure that your rights are protected and that any reaffirmation is in your best interest. If you are not represented by an attorney in your bankruptcy case, the reaffirmation agreement will have to be approved by the bankruptcy judge. The judge will ask questions to determine whether the reaffirmation agreement imposes an undue burden on you or your dependants and whether it is in your best interests. Since reaffirmed debts are not discharged, the bankruptcy court will normally only reaffirm secured debts where the collateral is important to your daily activities (i.e., a car). In any case, you’ll have a cooling-off period in which to cancel the reaffirmation agreement if you change your mind.
Reaffirmation agreements are strictly voluntary. They are not required by the Bankruptcy Code or other state or federal law.
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer
Drug Exec Says Industry Must Do More to Protect Consumers
Drug Exec Says Industry Must Do More To Protect Consumers Drug Toxic Chemicals
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Drug Exec Says Industry Must Do More to Protect Consumers
In a surprising statement, a drug company executive said that drug industry manufacturers must do more to protect U.S. consumers from tainted raw materials that are obtained from other countries.
Who’s responsible?
According to billionaire drug company executive, Dr. Patrick Soon-Shiong of the American Pharmaceutical Partners (APP), the drug industry is, or should be, responsible for the products that it puts into the marketplace. Soon-Shiong is calling on the industry to do just that after seeing the effects of the blood clotting drug heparin earlier this year. The raw ingredient of heparin comes from pig intestines that are obtained mainly from China. Some of those ingredients were tainted and may have caused the deaths of over 80 patients.
Soon-Shiong’s company, APP, stepped in to provide un-tainted heparin to doctors and hospitals when other companies such as Baxter International recalled all their lots of the drug and created a shortage of the drug. Soon-Shiong says that, in the case of heparin, manufacturers should be able to trace a tainted supply of the drug directly to its source – in this case, the pig. Many manufacturers disagree and say that the process would be too costly and time consuming. However, Soon-Shiong says that manufacturers should be more responsible – especially since the U.S. Food and Drug Administration (FDA) cannot adequately protect consumers.
FDA only inspects 1% of imports
The FDA reports that it can only inspect about one percent (that’s “1″ percent) of the food and drugs that are imported into the U.S. each year due to a lack of resources. Unfortunately for U.S. consumers, over 80% of the raw ingredients in drugs come from foreign countries such as China and India. The FDA has stated that it plans to do more in the future, but without adequate resources and funding, it’s hard to tell whether that will actually happen.
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Categories: Personal Injury Laws Tags: consumer
What does it mean to avoid a lien?
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What does it mean to avoid a lien?
When you “avoid” a lien, you obtain a judicial determination that the lien no longer encumbers a piece of property.
For example, suppose that you own Blackacre, your ancestral estate. It is presently worth $300,000, subject to a first mortgage of $180,000. Suppose that someone obtains a judgment against you for $30,000 and then obtains a lien against Blackacre. They are planning to force a sale of Blackacre in order to recover their $30,000, or else they’re planning on camping out at your next refinancing or sale in order to skim $30,000 off the top of whatever money you receive after the mortgage is discharged. Now you file bankruptcy, and let’s suppose that your state law provides a $200,000 homestead exemption. The judgment lien impairs that exemption (makes it less worthwhile). Therefore, the Bankruptcy code allows you to avoid the lien, which means you will emerge from bankruptcy with Blackacre free and clear of that lien. However, the mortgage lien still exists because the Bankruptcy Code does not let you avoid voluntary or nonjudicial liens.
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer, estate, mortgage
FDA Reaching More Consumers Through YouTube Videos
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Free Case Evaluation From An Experienced Drug Liability Attorney.
FDA Reaching More Consumers Through YouTube Videos
Did you know that the U.S. Food and Drug Administration (FDA) has been providing consumer information for nearly a year? It’s true, and the messages in its videos may be reaching more consumers than ever before.
What is YouTube?
For anyone who hasn’t yet discovered YouTube, it’s a website that allows anyone to post a video about almost anything. That’s a pretty broad description, but accurate. The site has been around for over two years now and many believe that it’s the best thing to happen since sliced bread.
FDA gets in on the action
The FDA likely realized the power of YouTube and has been creating and posting videos on the site for the past 11 months. At the present time, it has 76 videos on its page (www.youtube.com/profile_videos?user=USFoodandDrugAdmin) ranging from consumer drug warnings to information on medical device recalls.
The videos are generally concise, informative, show photos of the drugs or medical devices, explain safety issues for which consumers should be aware, provide resources for additional information and written text about the issue.
Example: Ortho Evra Patch
The FDA recently posted the following video concerning the high risk of blood clots to women who use the Ortho Evra Contraceptive Transdermal Patch. In addition to the video (available at www.youtube.com/watch?v=mkp3l6D74wE) which describes the drug’s dangers, the following text appears in the informational box:
The prescribing information for the Ortho Evra Contraceptive Transdermal Patch is being updated with results of a new study on the risk of venous thromboembolism (a blood clot). This study found that women aged 15-44 who used the birth control patch were at higher risk of developing venous thromboembolism than women using birth control pills.
These findings support an earlier study that also concluded that women in this group were at higher risk of venous thromboembolism. Another earlier study found that women using the patch did not have a greater risk.
However, the results from the two positive studies support concerns that the patch could increase the risk of blood clots in some women. The label continues to recommend that women with concerns or risk factors for thromboembolic events talk with their healthcare provider about using Ortho Evra versus other contraceptives.
YouTube is just another avenue for consumers to obtain important information about dangerous drugs and defective medical devices. However, if you’ve been injured due to a dangerous drug or defective medical device, make sure to contact an experienced attorney to discuss your situation by clicking here. As always, consultations are free, without obligation and are strictly confidential.
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Categories: Personal Injury Laws Tags: consumer
Can I stay in my apartment?
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Can I stay in my apartment?
Practically speaking, so long as you are current in your rent payments, you can continue to occupy an apartment as provided by the lease or by the common law of landlord-tenant relations. This may not be true if the lease has been terminated prior to bankruptcy. For a discussion on the effect of an automatic stay on a residential lease, click here.
Strictly speaking, an unexpired lease is an asset of your bankruptcy estate that usually has no value and that a Chapter 7 trustee would normally “reject.” Rejection is a technical breach of the lease that would allow the landlord to evict you. If you are worried about this happening, ask the trustee to formally “abandon” the lease so that you can formally affirm it.
(Reviewed 11.14.08)
Categories: Bankruptcy laws Tags: bankruptcy, consumer, estate
Top Analysts Tell Supreme Court That FDA Cannot Protect Consumers
Top Analysts Tell Supreme Court Fda Cant Protect Consumers Drug Toxic Chemicals
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Top Analysts Tell Supreme Court That FDA Cannot Protect Consumers
Some of the nation’s top medical analysts from the New England Journal of Medicine (NEJM) have written a brief to the U.S. Supreme Court saying that the U.S. Food and Drug Administration (FDA) simply doesn’t have the capacity to adequately protect consumers from harmful drugs. The brief was submitted in anticipation of an important court decision that will decide whether consumers harmed by drugs can sue drug manufacturers or are pre-empted from doing so.
What the brief says
The brief, or legal document, which was recently submitted to the U.S. Supreme Court on behalf of the NEJM’s top medical analysts basically tells the court that allowing injured consumers to sue drug manufacturers is necessary to keep the overall process in check. The writers say that the FDA simply can’t do its job adequately due to the number of new drugs that seek FDA approval each year – something that the FDA itself has admitted.
However, the Bush Administration doesn’t agree and has stated that the FDA can do its job adequately and that drug manufacturers should not be held accountable for the safety of their drugs. The issue, known as preemption, is a hot topic for consumers, courts and regulators. It says that if the FDA had the final say on whether a drug should be approved, then anyone injured by that drug cannot sue the pharmaceutical company who manufactured the drug.
Critics say that too many Americans are seriously injured or die each year because drug companies simply don’t do enough research on new drugs or fully disclose the research that has been done to the FDA – especially when that research isn’t consumer-friendly. The writers of the NEJM brief point to the numerous drugs that have been taken off the market due to safety concerns – concerns that the FDA couldn’t adequately manage.
All eyes on Wyeth vs. Levine
All eyes are now on a case known as Wyeth vs. Levine which deals with the pre-emption issue as it relates to drug companies. In that case, Diana Levine was a musician who lost her arm after taking Wyeth’s nausea drug Phenergan. She claimed that Wyeth did not adequately disclose the drug’s risks and was awarded $6.8 million. Wyeth appealed – all the way to the Supreme Court.
The same court recently upheld the pre-emption argument as it relates to medical devices. In that case, a man was severely injured when a balloon catheter exploded during an angioplasty. He and his family sued the manufacturer, Medtronic Inc. However, the court ruled in favor of the manufacturer – reasoning that the FDA was responsible for the final approval of the device.
The U.S. Supreme Court’s decision in the Wyeth case might not be issued until mid-2009.
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Categories: Personal Injury Laws Tags: consumer, family, legal
Someone owes me money and just filed for bankruptcy. A parent co-signed on the debt and now I’m being told that even though the parent is on the debt, I can’t collect from her. Why can’t I collect against the co-signer?
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Someone owes me money and just filed for bankruptcy. A parent co-signed on the debt and now I’m being told that even though the parent is on the debt, I can’t collect from her. Why can’t I collect against the co-signer?
You can collect against the parent, but if the case is a Chapter 13 bankruptcy, you might need to wait. Relief under Chapter 13 includes a co-debtor stay, or a provision that keeps creditors from pursuing collection against a co-debtor for a certain period of time. The co-debtor stay was created to prevent creditors from indirectly pressuring debtors to pay by collecting debts against co-signers. Most co-signers are friends or relatives of the debtor, and would be able to apply significant social pressure on the debtor to pay the debt in spite of the pending bankruptcy.
The co-debtor stay does not apply to every debt. It only applies to consumer debts and it excludes debts taken on in the ordinary course of business. In some cases you could also get the stay lifted. Those cases include:
Cases where the debtor didn’t get the benefit of the transaction. If you sold a computer to Jack and Sue co-signed, and Sue later files for bankruptcy. You can get the co-debtor stay lifted to collect the debt from Jack as long as you can establish that Sue didn’t get the computer.
The plan proposes not to pay the debt. If the debtor isn’t proposing to pay your claim, you can get the stay lifted so you can collect against the co-signer.
Your interest would be irreparably harmed unless the stay was lifted. This ground might apply if the plan proposes only marginal payments on the debt.
To be clear, if these grounds exist in your case, you need court permission to pursue the debtor. You would need to file a motion with the court in order to get an order lifting the co-debtor stay. Violating the stay is a serious matter for which the court could fine you.
The stay lasts as long as the Chapter 13 bankruptcy is pending. It ends when the case is closed or dismissed or if the case gets changed to a Chapter 7 or Chapter 11 bankruptcy.
Categories: Bankruptcy laws Tags: bankruptcy, consumer