Johnson & Johnson’s Ortho Evra Birth Control Patch: A Catch 22?
Ortho Evra Birth Control Patch Catch 22 Drug Toxic Chemicals
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Johnson & Johnson’s Ortho Evra Birth Control Patch: A Catch 22?
Johnson & Johnson’s Ortho Birth Control Patch was supposed to provide the same amount of estrogen as birth control pills. At least that’s what Johnson & Johnson told the U.S. FDA (Food and Drug Administration) at first.
Years later, documents have surfaced showing that J&J’s Ortho Evra birth control patch actually delivers much more estrogen than birth control pills and has an increased risk of causing blood clots and strokes. Injured women have sued J&J, but the manufacturer is simply pointing its corporate finger at the FDA.
Catch 22?
The FDA is responsible for consumer safety regarding foods, drugs and medical devices. In many cases, manufacturers are not held responsible for their products if the FDA takes responsibility for approval – regardless of whether the product is later found to be dangerous or cause injuries. It’s a catch 22 known as preemption.
Preemption
Preemption prohibits consumers from filing lawsuits against manufacturers. However, consumer advocate groups say that the FDA actually relies on manufacturers’ data in approving many products – especially drugs. In fact, the FDA has said as much itself and claims that it does not have the resources to adequately protect consumers. Industry analysts say that manufacturers know this and use it to their advantage – then claim that consumers are preempted from suing them. Unfortunately, this claim has been upheld.
Supreme Court upholds preemption
The U.S. Supreme Court, the nation’s highest court, recently upheld a preemption argument earlier this year. In February 2008, the Court ruled that consumers could not sue medical device manufacturers if the FDA was responsible for approving the device. The Court will hear another case later this year concerning preemption and drug manufacturers and only time will tell how the Court will rule.
Where does that leave consumers?
Consumers who have been injured due to bad medical devices and dangerous drugs may still have recourse against manufacturers – especially in situations where those manufacturers didn’t provide the FDA with correct data or withheld relevant data about their products. If you’ve been injured due to a medical device or drug, contact an attorney to discuss your situation. We may be able to help. Consultations are strictly confidential and are without charge or obligation. To contact a qualified attorney whose practice focuses in these areas of law, please click here.
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Categories: Personal Injury Laws Tags: C, consumer, Lua
What is the Fair Debt Collection Practices Act?
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What is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act is federal law that regulates the activities of those who collect debts from others. Many states have adopted similar laws regulating the practices of debt collectors.
A debt collector:
May contact you by mail, in person, by telephone or by telegram during “convenient hours” (commonly between 8 AM and 9 PM);
May not contact you at work if the collector knows or has reason to know that the employer forbids employees from being contacted by debt collectors at the workplace;
May not contact you if you are represented by a lawyer (the debt collector must then contact your attorney);
May not continue to contact you after you have sent him/her a letter telling him/her not to contact you (however, s/he may contact you to tell you that some specific action is going to be taken);
May not contact you after you send him/her a letter by mail within 30 days of the first contact that you dispute all or part of the debt (however, s/he may begin collection activities again if s/he sends you proof of the debt);
Must within five days of the first contact send you a written notice stating the name of the creditor you owe money to, the amount of money you owe, what to do if you believe you do not owe the money, and the name of the original creditor if different from the current creditor (because the debt was sold or assigned to someone other than the original creditor);
May not threaten violence against you or your property, use obscene or profane language, repeatedly telephone you to annoy or harass you, make you accept collect telephone calls or pay for telegrams, or use false or misleading information in an effort to collect the “debt.”
If a debt collector violates the law, you can write a letter concerning the activity to the nearest office of the Federal Trade Commission. You can file a federal or state lawsuit against the debt collector for violation of the law, although there is usually a 1-year “statute of limitations.” That means you have to file the lawsuit within 1 year of the violation to recover the actual damages that you’ve suffered. You can also recover up to a $1,000 in an individual lawsuit or $5,000 in a class-action lawsuit for each violation, plus attorney fees and costs.
For more information on the Fair Debt Collection Practices Act visit the Federal Trade Commission’s website.
(Reviewed 11.3.08)
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Filing an Ortho Evra Lawsuit and Litigation
Filing Ortho Evra Lawsuit Drug Toxic Chemicals
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Filing an Ortho Evra Lawsuit and Litigation
Finding an attorney experienced in Ortho Evra litigation and other similar pharmaceutical drug litigation is your first major step. An attorney who is well-schooled in drug litigation will know the parties who can be sued. Patients who claimed to have developed blood clots, heart attacks, strokes, pulmonary embolism, or other illnesses after using the Ortho Evra patch will most likely sue Ortho McNeil or Johnson and Johnson, the makers of the patch.
Suffered harm from Ortho Evra? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
Other potential entities in the distribution chain are the pharmaceutical sales representatives, the testing laboratories, or the pharmacists who fill the prescriptions. You may also have an Ortho Evra patch lawsuit against your health care physician. If you started using the Ortho Evra patch after November 11, 2005 and were not warned about the possibility of developing blood clots or other serious side effects due to the increased level of estrogen, your doctor may be liable for malpractice. Discuss this issue with an Ortho Evra attorney to see if your doctor shares liability with Ortho McNeil or Johnson and Johnson in your particular case.
Getting into the right court is also a consideration. An experienced injury attorney who handles Ortho Evra litigation knows the right forum, judge, and jury who are most sympathetic to your injury. Your Ortho Evra lawyer knows that cases tried in urban areas typically have higher verdicts than those in rural locations and may take that into consideration when filing your claim.
Ortho Evra lawsuits can be very complex, and there is a time period for taking actions (known as the statute of limitations). The limitations period varies by state and depends on the specific facts of each case. If you do not file within that time, you lose your right to sue and your right to recover any money for your injury.
Suffered harm from Ortho Evra? 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
I owe money to a company that filed for bankruptcy. Do I have to pay?
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I owe money to a company that filed for bankruptcy. Do I have to pay?
Yes. If you do not, you may be contacted by the Trustee, the debtor company, a third-party who has purchased your debt, or a debt collector hired by any one of the above. When a company files for bankruptcy, the filing does not eliminate your obligation to the company. It’s part of the company’s assets and will be distributed to the creditors if the company is liquidated. Do not assume you can ignore the debt.
Categories: Bankruptcy laws Tags: bankruptcy
Ortho Evra Lawsuit – What Is It?
Ortho Evra Lawsuit Drug Toxic Chemicals
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Ortho Evra Lawsuit – What Is It?
Ortho Evra is a contraceptive patch used by approximately 4 million women since 2002, when it first went on sale. The patch contains estrogen at levels that are 60% higher than the pill and, as Ortho McNeil has itself disclosed, this higher level of estrogen poses a greater risk for blood clots and other serious side effects than previously disclosed to women who use it. Blood clots are an accepted risk of birth control pills because estrogen is a known blood coagulant. However, while Ortho McNeil maintains that the patch is as safe as the pill, FDA records show that before the patch was approved for release, the FDA had already noted that incidences of non-fatal blood clots caused by the patch were three times higher than that of the pill.
Suffered harm from Ortho Evra? You may have a lawsuit. Click here, for a top rated law firm to evaluate your legal rights.
FDA records show that seventeen patch users between the ages of 17 and 30 have suffered fatal heart attacks, blood clots, and possible strokes in the past two years. Dozens more were allegedly affected by the patch, but survived according to 16,000 drug reports filed with the FDA. On November 11, 2005, the FDA announced approval for updated labeling of the Ortho Evra contraceptive patch product. The new labels warns doctors and patients that the patch contains more estrogen than most birth control pills. This warning is important because higher levels of estrogen mean higher levels of risk. The FDA is, at this time, unwilling to ban the product.
Several lawsuits have been filed by families of women who died of or suffered from blood clots while using the patch. The family of a 14-year-old girl who died claim that she was the youngest victim of the patch. A suit by 10 women was filed in 2005, and in 2006 a suit by more than 40 women who claimed hundreds of other suits was filed.
Suffered harm from Ortho Evra? 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, family, legal, Lua
What is the Fair Credit Reporting Act?
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What is the Fair Credit Reporting Act?
The Fair Credit Reporting Act (FCRA) is a federal law that regulates the activities of credit reporting bureaus. Private credit reporting bureaus, such as TRW Information Services, Equifax Credit Information Services, and Trans Union Credit Information Company, maintain records of financial payment histories, public record data (such as unlawful detainer (eviction) actions taken against you, or money judgments (entered against you), along with personal identification information. Credit reporting bureaus sell the information to creditors so the creditors can make decisions about whether or not to offer you credit.
The FCRA punishes unauthorized persons who obtain credit reports, as well as employees of credit reporting bureaus who furnish credit reports to unauthorized persons. The Act also specifies responsibilities of those supplying the reporting bureaus with information.
If the information about you from a credit reporting bureau is all good, there’s no need to worry about it. You should be able to obtain credit to purchase goods and services, rent an apartment, obtain a home mortgage loan, apply for insurance, and even obtain employment.
Negative information on file with credit reporting bureaus may be used against you to deny you credit, employment, or even the ability to rent an apartment. It is a good idea to check your credit reports on an annual basis, so that you know what creditors are being told before the information is disclosed to them. Credit reporting bureaus are allowed to charge you a reasonable fee to obtain a copy of your credit report in this situation.
When credit is denied to you based upon information obtained from a credit reporting bureau, the creditor must provide you with the credit reporting bureaus’ name and address. If you request (by telephone, mail or in person) a copy of your credit report from the credit reporting bureau within thirty days of the denial, the bureau must send your credit report to you for free, including the names of creditors who have provided the information to the bureau, and the names of everyone who has received a credit report on you in the last six months, or an employment report in the last two years.
If the information provided in a credit report turns out to be inaccurate and corrections are made or the consumer inserts an explanation, the credit reporting bureau must notify the recent recipients of information (as specified by the consumer) of the corrections or explanation.
The consumer reporting bureau must delete information about events that happened more than 7 years before from a report (or 10 years in case of bankruptcies).
(Reviewed 10.31.08)
Categories: Bankruptcy laws Tags: consumer, employment, mortgage
Gadolinium Lawsuits Increasing
Gadolinium Lawsuits Drug Toxic Chemicals
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Gadolinium Lawsuits Increasing
Lawsuits over gadolinium contrast agents and their links to the painful skin and connective tissue disease NFS / NFD (Nephrogenic Systemic Fibrosis / Nephrogenic Fibrosing Dermopathy) are increasing. Here are some useful facts about gadolinium, its dangers and the lawsuits that have been filed.
Gadolinium facts
Here are some useful facts about gadolinium:
What is it? Gadolinium is a contrast agent, or dye, used in MRIs (Magnetic Resonance Imaging) and MRAs (Magnetic Resonance Angiography) to enhance images.
When is it dangerous? While many patients’ systems simply excrete gadolinium naturally, many others’ do not. When gadolinium stays in a patient’s system, it can lead to the potentially fatal disease called NFS / NFD (Nephrogenic Systemic Fibrosis / Nephrogenic Fibrosing Dermopathy).
Last year, the U.S. Food and Drug Administration (FDA) told the makers of gadolinium to include a black box warning on the drugs and warned patients with kidney disease to avoid using the drugs altogether. A black box warning is the most serious warning issued by the FDA. In addition, numerous studies from respected hospitals such as Yale and Massachusetts General have been released showing gadolinium’s link to NSF/NFD.
What are the effects of NSF/NFD? NSF/NFD, a disease that affects skin and connective tissue, can cause patients’ skin to thicken to the point that they cannot move. The condition can spread to other parts of the body and can be fatal. Unfortunately, the disease was not discovered until approximately 11 years ago and the medical community has limited information on how it can be treated – if at all. For additional information on NSF/NFD, see the FDA’s website at http://www.fda.gov/cder/drug/infopage/gcca/qa.htm.
What drugs are involved? The drugs involved are OmniScan (gadodiamide), OptiMark (gadoversetamide), Prohance (gadoteridol), Magnevist (gadopentate dimeglumine) and MultiHance (gadobenate dimeglumine).
What manufacturers are involved? The following manufacturers have been named in many of the gadolinium lawsuits across the nation: Bayer HealthCare Pharmaceuticals, Bracco Diagnostics, GE Healthcare and Mallinckrodt.
Where does the litigation stand? According to news reports, approximately 400 lawsuits have been filed across the nation. Nearly 300 of those are pending in Multidistrict litigation, or MDL, which is different than a class action lawsuit because the individual cases will be transferred back to their original courts if the MDL doesn’t resolve the issue.
Have you been injured due to gadolinium? If so, contact an attorney whose practice focuses in this area of the law to discuss your situation. Consultations are free, without obligation and are strictly confidential. To speak with a lawyer about what your options are, please click here. We may be able to help.
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Categories: Personal Injury Laws Tags: C, Lua
My credit report is really messed up right now. I’ve heard about companies that can help me to fix it quickly. Does this really work?
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My credit report is really messed up right now. I’ve heard about companies that can help me to fix it quickly. Does this really work?
There are indeed legitimate businesses out there that can help you clean up your credit record. Some will contact your creditors, try to consolidate your debts, and put together a repayment plan. They may be able to advise you on bankruptcy and whether your should consider it. Many are non-profit agencies who charge small or even no fees to provide credit counseling. You can locate agencies in your area under Credit & Debt Counseling Services in your yellow page directory. For more information on legitimate credit counselors go to National Foundation of Credit Counseling website.
None of these efforts will instantly repair bad credit. Only the passage of time and care on your part can repair past damage. Credit errors will be erased from your record in 7 years and bankruptcies in 10 years. A good track record in resolving problems and paying on time can improve your credit even more quickly than that.
Unfortunately, there are companies claiming instant cures that are actually scams. The signs of scam include:
Asking you to pay for credit repair services before you’ve received any services from them;
Not telling you what your legal rights are or what you can do for yourself without paying any fees;
Advising you not to contact a credit reporting bureau directly;
Advising you to create a new credit persona by using a new Employer Identification number instead of your Social Security number.
There are firms currently operating on the Internet that are selling “credit repair kits” for $20-130. The actions recommended in some of these materials are illegal (such as concealing your identity) and will only get you into more legal trouble and make your situation worse. Be careful and check out companies you work with thoroughly.
(Reviewed 10.31.2008)
Categories: Bankruptcy laws Tags: bankruptcy, legal
MRI Dye/Gadolinium Lawsuits: Attorney Provides Advice To Those Exposed
Mri Dye Lawsuits Drug Toxic Chemicals
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MRI Dye/Gadolinium Lawsuits: Attorney Provides Advice To Those Exposed
Gadolinium, the contrast dye used in MRIs (magnetic resonance imaging) and MRAs (magnetic resonance angiography) has been linked to a debilitating disease known as Nephrogenic Systemic Fibrosis (NSF) or Nephrogenic Fibrosing Dermopathy (NFD). We asked Dan Thornburgh, a Florida attorney whose practice focuses in drug and medical device litigation, for advice on what to do when you’ve been exposed to gadolinium.
Florida Attorney Dan Thornburgh
What should someone do if they’ve been exposed to gadolinium? Thornburgh told us:
If they’ve just been exposed but don’t have symptoms, I would advise them to consult with their doctor about any exposure that increases their risk. They should certainly be aware of the symptoms such as tightening of the skin, limited walking, contractures, reflection and tension problems. If someone with renal or kidney problems who was exposed to it starts to develop these symptoms, they should immediately contact their doctor as well as an experienced attorney.
Thornburgh says that the problem in some instances is that individuals may not know that they have renal insufficiency. He explained, “They may think they have a healthy kidney, but then start to develop these symptoms. There are tests that a doctor can do to determine if NSF is the condition causing these symptoms. Their doctor can determine if doing a punch biopsy is warranted to diagnose the condition.”
How an attorney can help
Thornburgh says an attorney can help in three ways. “First, we’ll do everything we can to make this process easy and fair for you and we will aggressively represent you against the manufacturer. The second would be that if you’ve been harmed by a manufacturer who caused your injury and knew or should have known that their product was going to hurt you, then you should let them know that this isn’t allowed and that you’re going to take a stance against a corporation who may have put profits before your safety and your health.”
Finally, an experienced drug litigation attorney will use a variety of experts to find out what caused your condition. Thornburgh’s firm will talk to nephrologists, epidemiologists and other folks that are familiar with the mechanism of action and how gadolinium can cause this condition.
Suffered harm from Gadolinium? 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
Can I avoid a finance charge on some forms of credit?
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Can I avoid a finance charge on some forms of credit?
Yes. Many credit cards enable you to pay the entire outstanding credit amount within a certain time period without incurring any finance charge. By paying off your credit balance within the grace period (which must be at least two weeks from the receipt of the bill), you receive what amounts to an interest-free loan. The creditor still makes money by charging the seller (such as a department store or other retailer) a fee to process their credit card transactions, so the lenders collect from the retailer an amount that covers their cost of these short term loans.The credit card company may also charge you an annual fee.
Cards such as American Express and Diners Club expect you to pay off the balance each month and usually have no finance charges.
(Reviewed 10.31.2008)
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