Chris Placitella's Law Blog
CPR Law - Results Matter
Welcome to Chris Placitella's Legal Blog. I have dedicated my career to pursuing social justice and representing the wrongfully injured. The purpose of this blog is to provide breaking news and commentary concerning developments in mass tort law, class actions and cases affecting social justice. If you would like to contact me, please click on the contact us button or you can call me personally at (888) 375-7600.
If Drugs Were Like Cars I Guess We Would Be a Lot Safer
Posted by Chris in Avandia, Dangerous Drugs, Defective Products on February 27th, 2010
According to an Institute for Safe Medication Practices report (see here) more than 1000 reports of patient deaths were received by FDA for rosiglitazone (AVANDIA) in the first three quarters of 2009, “more than any other drug we monitor.”
In contrast, at least 34 deaths have been linked to Toyota vehicle problems going back as far as 2004, forcing Toyota to recall more than 8 million vehicles worldwide.
The top executives of Toyota also had to appear before Congress and apologize profusely.
GSK (the maker of AVANDIA), on the other hand, is on an all out campaign to discredit the Senate investigation of AVANDIA.
According to one expert on the need to warn “If people are afraid to buy Toyotas, they should be about 400 times more afraid to take AVANDIA! I base this on an estimate of yearly death rates for AVANDIA (1333) vs Toyota (3.4). ”
Just like you can go out and buy a Honda instead of a Toyota, diabetes patients can go out and buy ACTOS instead of AVANDIA, according to Stephen Nissen, Chief Cardiologist at the Cleveland Clinic. If, that is, consumers evaluated drugs like they do automobiles.
Avandia: Money or Patient Safety? That is the Question.
Posted by Chris in Avandia, Dangerous Drugs on February 27th, 2010
An analysis of authors who published reports on GlaxoSmithKline’s Avandia diabetes pill shows that those with ties to the industry were more likely to conclude that the drug didn’t increase the risk of myocardial infarction compared with authors with no industry ties, according to a study presented at the American College of Preventive Medicine annual meeting, TheHeart.org reports.
The analysis, which was presented as a poster by Mohammed Hassan Murad of the Mayo Clinic,
reviewed 202 articles that addressed the possible association between MI risk and Avandia in diabetes patients. Articles selected for review addressed the findings of two studies, a meta-analysis of small trials and a subsequent larger trial, that contributed to the controversy, TheHeart.org writes.
Of the papers evaluated, 107, or 53 percent, included a conflict-of-interest statement and 90, or 45 percent, had a conflicting financial relationship. Among authors who concluded Avandia doesn’t increase the risk of MI, 91 percent had financial ties to makers of diabetes meds and 86 percent had relationships with Glaxo, TheHeart.org continues. Among authors of articles offering unfavorable reviews, only 25 percent had financial relationships with makers of diabetes meds and 18 percent had relationships with Glaxo that were disclosed in the papers.
Murad noted that in some cases, when an online search was conduced for some authors, they found some who listed financial conflicts in other publications that weren’t disclosed in their Avandia paper. “Disclosure rates of conflicting financial relationships were misleadingly low despite their clear and strong linkage with authors’ expressed views,” Murad noted. “These findings underscore the need for further progress in reform for the scientific record to be trusted. The quality of care patients receive is clearly affected by these findings.”
The study demonstrates the problem with pairing of researchers with financial interests in a company and studies involving that company’s product, according to David Katz of Yale University’s Prevention Research Center. “If the researcher has a direct financial interest in the item being studied, the researcher—who, unlike the funder, is responsible for interpreting the data—will share the funder’s bias,” Katz, who wasn’t involved in the analysis, tells TheHeart.org. “The trend in the literature indicates that most people do not adequately resist this inclination.”
Avandia: Are 500 Heart Attacks Per Month Enough to Convince You
Posted by Chris in Avandia, Dangerous Drugs on February 20th, 2010
A decade ago people were afraid of big the profit motives of Big Tobacco. Today those fears no turn to the profit motives of Big Pharma. The story appearing in today’s NYT is frightening to say the least.
According to the NYT, “The reports, obtained by The New York Times, say that if every diabetic now taking Avandia were instead given a similar pill named Actos, about 500 heart attacks and 300 cases of heart failure would be averted every month because Avandia can hurt the heart. Avandia, intended to treat Type 2 diabetes, is known as rosiglitazone and was linked to 304 deaths during the third quarter of 2009.
“Rosiglitazone should be removed from the market,” one report, by Dr. David Graham and Dr. Kate Gelperin of the Food and Drug Administration, concludes. Both authors recommended that Avandia be withdrawn.
The internal F.D.A. reports are part of a fierce debate within the agency over what to do about Avandia, manufactured by GlaxoSmithKline. Some agency officials want the drug withdrawn because they believe there is a safer alternative; others insist that studies of the drug provide contradictory information and that Avandia should continue to be an option for doctors and patients. GlaxoSmithKline said that it had studied Avandia extensively and that “scientific evidence simply does not establish that Avandia increases” the risk of heart attacks.
The battle has been brewing for years but has been brought to a head by disagreement over a new clinical trial and a Senate investigation that concluded that GlaxoSmithKline should have warned patients earlier of the drug’s potential risks.
Avandia was once one of the biggest-selling drugs in the world. Driven in part by a multimillion-dollar advertising campaign, sales were $3.2 billion in 2006. But a 2007 study by a Cleveland Cliniccardiologist suggesting that the drug harmed the heart prompted the F.D.A. to issue a warning, and sales plunged. A committee of independent experts found in 2007 that Avandia might increase the risk of heart attack but recommended that it remain on the market, and an F.D.A. oversight board voted 8 to 7 to accept that advice.
Hundreds of thousands still take the medicine, although some top endocrinologists say they have sworn off the drug.
Since 2007, more studies have been done. In a December 2009 internal memorandum, Dr. Janet Woodcock, director of the F.D.A.’s drug center, wrote that “there are multiple conflicting opinions” about Avandia within the agency, and she ordered officials to assemble another advisory committee, expected this summer, to reconsider whether the drug should be sold.
“I await the recommendations of the advisory committee,” the agency’s commissioner, Dr. Margaret Hamburg, said Friday night. “Meanwhile, I am reviewing the inquiry made by Senators Baucus and Grassley and I am reaching out to ensure that I have a complete understanding and awareness of all of the data and issues involved.”
The bipartisan multiyear Senate investigation — whose results are expected to be released publicly on Monday but which were also obtained by The Times — sharply criticizes GlaxoSmithKline, saying it failed to warn patients years earlier that Avandia was potentially deadly.
“Instead, G.S.K. executives attempted to intimidate independent physicians, focused on strategies to minimize or misrepresent findings that Avandia may increase cardiovascular risk, and sought ways to downplay findings that a competing drug might reduce cardiovascular risk,” concludes the report, which was overseen by Senator Max Baucus, a Montana Democrat, and Senator Charles E. Grassley, an Iowa Republican.
Mr. Baucus said of the report, “Patients trust drug companies with their health and their lives, and GlaxoSmithKline abused that trust.”
In response, GlaxoSmithKline said that it disagreed with the Senate investigation’s conclusions. The company said that it could not comment on internal F.D.A. documents but that “the official ruling from F.D.A. is that Avandia remain on the market.”
In the wake of the controversy, agency officials ordered GlaxoSmithKline to undertake a study comparing how many heart attacks, strokes and heart-related deaths occur among patients given either Avandia, Actos or a placebo. Studies suggest that Actos, made by Takeda, lowers blood sugar as well as Avandia but without hurting the heart as much.
But Dr. Graham and Dr. Gelperin, working in the F.D.A.’s office of surveillance and epidemiology, argued in two separate internal reports that the new GlaxoSmithKline study, called TIDE, is “unethical and exploitative” because patients given Avandia face far greater risks than those given Actos, with no promise of any additional benefit. The trial may include patients who have had heart attacks or chest pains even though some foreign drug authorities have warned against Avandia’s use by precisely such patients, the reports note.
“Although the proposed TIDE trial is motivated by a desire for definitive answers regarding the cardiovascular safety of the drug rosiglitazone, the safety of the study itself cannot be assured and is not acceptable,” one of the reports concludes.
These concerns, in internal reports dated October 2008 but not made public until now, were later overruled by other agency officials, and GlaxoSmithKline is currently enrolling patients in the TIDE trial. The trial is not expected to be completed until 2020, although the company is hoping to report some results to the F.D.A. by 2014. The company’s patent on Avandia expires in 2012, and generic versions will probably swallow most remaining profits.”
How much longer do we need to wait before Congress fixes this problem. If an airplane dropped from the sky every month killing 500 people do you think someone from Washington might do something about it?
Accutane Verdict: More Evidence that Drug Safety System is Broken
Posted by Chris in Accutane, Dangerous Drugs on February 20th, 2010
Regardless of whether you agree with the size of the verdict there can be little doubt that our system to protect us from the profit motives of big Pharma is broken.
Lawyers suing Roche Laboratories Inc. had reason to be dismayed 14 months ago when a state appeals court threw out a $2.5 million jury verdict they had won for a man who blamed the acne drug Accutane for his bowel disease. On Tuesday, the lawyers won 10 times more at the retrial. An Atlantic County jury awarded $25.16 million to Andrew McCarrell of Birmingham, Ala., after finding that Roche knew or should have known that Accutane caused inflammatory bowel disease (IBD) and failed to warn prescribing physicians. It’s the largest of five victories that Accutane users have won against the drug maker, including a $13 million verdict last November for three plaintiffs. As in the other cases, McCarrell’s lawyers presented evidence that Roche never published studies to the scientific and medical community that showed that Accutane’s byproducts damage the gastrointestinal tract and lead to degeneration and erosion of the intestinal lining — a trigger for IBD.
Eli Lilly to pay 18.5 million over Zyprexa Marketing
Posted by Chris in Dangerous Drugs, Defective Products, Zyprexa on February 11th, 2010
According to a report from the Associated Press, Mississippi will receive $18.5 million from drug maker Eli Lilly and Co. as part of a settlement over claims the company promoted the anti-psychotic Zyprexa for ailments it was not federally approved to treat.
The settlement recovers money the state spent through its Division of Medicaid and the State Insurance Plan, Hood said. The company also will pay $3.7 million in legal fees for the state.
Mississippi is one of 13 states that sued over Zyprexa. Eli Lilly spokeswoman Marni Lemons said settlements have been reached in seven others – Alaska, West Virginia, Connecticut, New Mexico, Idaho, Utah and South Carolina. Suits in Montana, Minnesota, Louisiana, Arkansas and Pennsylvania are still pending, she said.
The company paid a $1.4 billion settlement to the federal government in January 2009 after admitting it had promoted Zyprexa in elderly populations for treatment of dementia between 1999 and 2001.
According to the Atty. Gen. Hood, Zyprexa was approved by the Federal Drug Administration for “major psychotic problems,” but he said the company hired representatives who promoted the drug to physicians for use for any kind of depression.
“Unfortunately, the studies later found that the drug could cause diabetes so it did more harm than good,” Hood said.
Lemons said there was no scientific proof Zyprexa causes diabetes. The company has not admitted any wrongdoing in the Mississippi settlement.
Under the agreement, the company cannot make any claim about Zyprexa that is false, misleading or deceptive and the drug cannot be promoted for off-label uses, Hood said.
The settlement money will go into Mississippi’s general fund and comes at a time when the state’s revenue collections are projected to be far below estimates for the current fiscal year. Gov. Haley Barbour already has cut $437 million from the state spending plan.
This is yet another example of how improper marketing of pharmaceutical products continues to cost the public financially which has a direct affect on our tax base. The cost of healthcare should not be driven by the marketing practices of the pharmaceutical industry.
FDA cracks down on misleading drug promotions
Posted by Chris in Uncategorized on February 9th, 2010
The economic pressures that are placed upon the pharmaceutical industry as a result of competition, increased reporting requirements, research and development pressures and regulatory compliance have resulted in a very aggressive strategy by some companies when it comes to promoting their products. When a consumer reads, views or hears claims about a drugs application or efficacy the consumer is led to believe that these claims are supported and sanctioned by the FDA. Very often this is not the case.
According to a new report published in Forbes magazine, the FDA has taken a much more aggressive posture since Pres. Obama came into office. According to Forbes,Thomas Abrams, who heads up the FDA division that oversees drug marketing, freely admits it. His group sent 41 enforcement letters in 2009, up from just 21 the year before. And so far this year–just the month of January–it has dispatched another nine, with plans to continue that pace through 2010.”We’re trying to get the point across to industry that we want them to comply with the law because it affects public health,” Abrams says in an interview with Reuters. “If you don’t comply with the law, we are going to take action. We are not going to tolerate having consumers or healthcare professionals misled.”
It’s not unexpected, considering that FDA Commissioner Margaret Hamburg has pledged to increase the agency’s enforcement presence. And she’s promised to streamline processes that slowed down regulatory action. That streamlining has already had an effect at DDMAC, Abrams said; his division has changed its procedures so that warning letters go out more quickly. “We are inspired by Dr. Hamburg’s enforcement initiative and have taken it to heart,” he told the news service. “I personally am thrilled with it.”
This updated surveillance is good news for the consumer.
$17 million verdict against Honeywell & Abex
Posted by Chris in Mesothelioma on February 9th, 2010
Yesterday an Illinois jury handed down a surprising verdict against two former asbestos product manufacturers. According to the attorneys involved in the case, the verdict was returned on the novel liability theory of corporate conspiracy. Typically this means that the factfinder determined that the defendants acted in concert with one another and caused the plaintiffs injury. This is different than a typical mesothelioma product liability case where the verdict is based upon a failure to warn about a particular product manufactured or sold by the defendant.
In this case, the plaintiff,Jayne Menssen, is 65 years old, widowed, and has no children. She was exposed to asbestos from 1967-1969 when she worked as a secretary at the UNARCO plant in Bloomington, IL. The jury returned the following verdict:
$3,500,000 compensatory
$4,370,000 punitives against Abex
$10,000,000 punitives against Honeywell
Congratulations to my friends ,Lisa Corwin & Jim Wydler, who represented the plaintiff for this extraordinary result.
Why Health Care Costs Are Out of Control-Ask the Drug Companies
US judge rules nine pharmaceutical companies overcharged for drugs
by Mark Todoruk
A federal judge ruled that nine companies, including Pfizer, Merck & Co., Novartis, Teva and Mylan, illegally sought to increase market share by selling drugs to physicians at discounts to average wholesale prices, Bloomberg reported on Thursday. US District Judge Patti Saris said the drugmakers “attempted to obtain payment from public funds on behalf of [healthcare] providers by means of a materially false statement or representation” about the prices of nine drugs.
Commenting on the case, which was filed by New York City and 42 counties in the state, Saris said “there is simply no evidence that defendants believed that the prices they reported were even true list prices.” Experts testifying for the plaintiffs indicated that records show that wholesale acquisition costs reported by the drugmakers were consistently more than 50 percent above actual acquisition costs, and sometimes more than 1000 percent above.
Spokesmen for Pfizer and Merck indicated the companies are considering appealing the ruling, which is Saris’ latest decision in the nine-year litigation over average wholesale prices. Ron Rogers of Merck said the drugmaker “and other defendants in no way benefited from these rates as they do not receive reimbursement from Medicaid.”
Pfizer’s Chris Loder said the company “disputes that any pricing information provided by its Wyeth subsidiary regarding its prescription drugs caused [the plaintiffs] to overpay.” He added that “no one was misled,” as the decisions at issue in the judge’s ruling were informed choices made by the federal government with awareness of prices being paid in the market
9.5 Million Dollar Verdict in Take Home Mesothelioma Case
Posted by Chris in Mesothelioma on January 27th, 2010
Today a Baltimore jury returned a verdict of $9,985,000 against ATTRANSCO on behalf of LeRoy J. Conway, Jr. and his wife, Yolanda. Leroy’s father worked for ATTRANSCO beginning in the early 1960s through the 1970s as a merchant mariner in the engine rooms of ships with steam equipment and exposed his son to asbestos when he came home from work. Leroy’s claim was for his exposure in the 1970’s. Leory was diagnosed with pleural mesothelioma when he was 44 years-old and underwent the removal of his lung shortly thereafter. Congratulations to my friends and co counsel Scott Frost, Demetrios Zacharapoulos, and George Tankard of Waters & Kraus on their well deserved victory.
For more information on recent mesothelioma verdicts see http://www.mesotheliomalegalblog.com/mesothelioma-litigation/verdictsandsettlements.html
Mesothelioma Plaintiff Offers Proof of RT Vanderbilt Knowledge of Asbestos in Talc
Posted by Chris in Mesothelioma on January 24th, 2010
In the courts rages a major debate as to whether the talc in varios products actually contains asbestos. RT Vanderbilt says no. Here is the proof submitted by one plaintiff with mesothelioma who alleges that Vanderbilt talc caused mesothelioma.

