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Personal Injury Law

Tampa Bay Personal Injury Law

Rights of the injured.
By Bob Carroll

Post Frequency: 2.2/day

Last Entry: March 28, 2011 at 11:02:41

Chinese Drywall Defendant Agrees to Accept Service of Class Action Lawsuit

Posted on November 04, 2009
Chinese drywall defendant Knauf Plasterboard Tianjin Co. Ltd. has agreed to accept service of process concerning a Chinese drywall class action lawsuit in which Knauf is being sued for manufacturing and importing the contaminated Chinese drywall into the United States...

The FDA Must Improve Communication to Patients

Posted on October 29, 2009
The American Recovery and Reinvestment Act allocated $1.1 billion dollars to coordinate research and guide investments in comparative research funded by the Act. Some critics suggest that a whole lot of money could have been saved just by looking to the FDA...

Injectable Pain Drug Recall Expanded

Posted on October 23, 2009
The manufacturer of an injectable pain medicine is expanding its recall due to possible contamination. The recalled drug Ketorolac Tromethamine Injection USP 30 mg/ml, is used to treat moderate to severe pain. The contamination may cause blockage in blood vessels which can lead to pulmonary emboli or thrombosis...

New Change to HIPAA Protects Patient?s Genetic Information

Posted on October 13, 2009
On October 1st, the U.S. Department of Health and Human Services (HHS) issued new interim rules protecting patient's genetic information from being used against them. The new rules come as the department interprets and implements the Genetic Information Nondiscrimination Act of 2008 (GINA), and serve to amend the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule...

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Troubling Ghostwriting Survey Prompts New Medical Journal Policies

Posted on October 06, 2009
A survey released by The Journal of the American Medical Association (JAMA) concludes that six of the top medical journals in the U.S. published a 'significant number' of ghostwritten articles in recent years, reports the NY Times. Ghostwriting in the medical profession generally means that the research or conclusions were not written by the credited author...

Nonprofit Nursing Homes Provide Better Care

Posted on October 01, 2009
A group of doctors from around the world have came together to take a hard look at the relationship between nursing homes and profiteering, and the results reaffirm what many of us would have guessed: Nonprofit nursing homes provide better care than for-profit nursing homes...

Tobacco Makers Sue U.S. over Free Speech

Posted on September 29, 2009
A group of tobacco manufacturers, including RJ Reynolds, Commonwealth Brands, Inc., National Tobacco Co., and Lorillard, sued the U.S. Government in August claiming the new federal law passed in June called the Family Smoking Prevention and Tobacco Control Act unconstitutionally restricts their ability to communicate with consumers and unfairly limits their ability to promote new tobacco products...

Pfizer Pleads Guilty to Criminally Illegal Marketing

Posted on September 21, 2009
Earlier this month, drug giant Pfizer agreed to pay a $2.3 billion penalty to settle claims over payment of kickbacks and illegal drug marketing and promotion that violated federal drug laws over an extensive period of time. The $2.3 billion settlement is the largest health care fine in U...

Defective Product Accountability for Foreign Manufacturers

Posted on September 14, 2009
The Foreign Manufacturers Legal Accountability Act of 2009 (S. 1606) is a good consumer protection bill that's been introduced in the US Senate by Senators Dick Durbin, Sheldon Whitehouse, and Jeff Sessions. Essentially, the bill aims to hold foreign companies accountable for defective products that injure US consumers...

New Bill Proposes to End Foreign Manufacturer Tort Liability Loopholes

Posted on September 09, 2009
Each year, many people in the United States are injured by defective foreign products imported into the United States. Loopholes in the law give foreign manufacturers ways of delaying lawsuits against them in the United States – but that may be about to change...

Free Drug Samples: Does it Really Benefit a Patient?

Posted on September 08, 2009
A problem we have come across time and again in our personal injury practice is that drug samples handed out by medical providers are often not well-documented (if even documented at all) in our clients' medical charts. This can especially be problematic if there is a drug recall and the patient cannot be notified, or if the client suffers a drug-related injury and cannot document how many pills, including the dosage information and lot numbers, or for how long the medication was ingested...

Tobacco Control Act and What it Means for Tobacco Users

Posted on August 31, 2009
The Family Smoking Prevention and Tobacco Control Act passed easily in both the House and Senate and was signed into law on June 22 of this year. The bill creates greater restrictions on the sale of tobacco products, as well as the ingredients inside cigarettes...

Xenical/Alli Under FDA Investigation After Patient Complaints

Posted on August 27, 2009
The FDA has begun investigating a potential link between liver damage and Orlistat (obesity drugs marketed as Xenical and Alli). On Monday, the FDA issued an Early Communication report to alert consumers and medical providers about a potential link between Orlistat and liver damage, particularly weakness or fatigue, fever, jaundice or brown urine...

Alli Diet Drug Investigated by FDA for Liver Injury

Posted on August 24, 2009
Alli, the over-the-counter weight loss drug manufactured by GlaxoSmithKline and its prescription counterpart Xenical, manufactured by Roche, are being investigated by the FDA after more than two dozen adverse event reports have associated the drugs with liver injury...

Published Medical Journal Articles Concerning HRT Revealed to Be ?Ghostwritten?

Posted on August 20, 2009
has played a 'major role' in 26 scientific articles published backing the medications. The articles are being criticized as over-emphasizing the benefits of hormone replacement therapy and downplaying the known risks. Wyeth solicited and paid surrogate non-medical authors to draft the articles and then paid doctors, who were 'consensus builders' within the medical community, to sign off as authors in order to create the illusion of a positive general consensus among doctors that the therapy was safe and effective...

FDA?s Top Medical Device Regulator Steps Down, Another Top Official Under Investigation

Posted on August 19, 2009
As my colleague wrote about in April, the FDA has come under fire from internal dissent over questionable medical device approval. Earlier this month on August 11, Dr. Daniel G. Shultz, the FDA's Director of the Center for Devices and Radiological Health, announced he is resigning after 15 years on the post...

Youth Pastor Sent to Prison for Sex Abuse

Posted on August 18, 2009
Scott Dewayne Wright, 35, was a youth pastor at Calvary Chapel Worship Center in NewPort Richey. He pleaded guilty to unlawful sexual activity with a minor child and received a 49 months in prison. The victim's name has been witheld due to her age. He abused the young girl at her home...

Texting While Driving-A New Study Shows How Dangerous it is

Posted on July 28, 2009
A new study demonstrating the extreme danger of texting while driving appeared on the front page of the NY Times today. The study involved installing video equipment in the cabs of long haul truckers for 18 months. The results showed that the risk of an accident while texting was 23 times greater than when not texting...

Baseball's Maple Bat Controversy - Does Someone Have to Die?

Posted on July 21, 2009
Maples bats are a clearly dangerous hazard that MLB will continue to ignore until someone is killed or seriously injured. Strong language, I know, but MLB's actions thus far can only be summarized as a grossly negligent policy only lacking a significant injury...

Chantix - A Cure Worse Than the Disease?

Posted on July 21, 2009
Chantix has become the leading prescription to help smokers kick the habit. Pfizer, Manufacturer of Chantix, has reported skyrocketing sales since its introduction in 2006. Sales totaled $101 million in 2006, $883 million in 2007, and $846 in 2008. It's dominant in its market, with a reported 90% market share...

FDA: They Don't Know What They Don't Know

Posted on July 21, 2009
According to the Government Accounting Office, the FDA doesn't have enough data to even make a decision about what it needs to keep consumers safe. While this isn't surprising to those of us who've followed the FDA over the years, it should be alarming to Congress and consumers who depend on the federal agency for regulation and safety of such issues pharmaceutical drugs and medical devices...

Inadequate Staffing Takes its Toll in Health Care Industry

Posted on July 20, 2009
Recently, the American Nurses Association (ANA) released the results of an ongoing survey of nurses across the U.S., and the findings are grim. The survey received more than 15,000 responses from nursing professionals, and an alarming number of respondents reported insufficient staffing and a decline of care...

Musings from the All-Star Game

Posted on July 15, 2009
I had the opportunity to attend last night's All-Star game in St. Louis with my son last evening. It was a great game-fast paced with some exciting plays in the field, especially by hometown favorite Carl Crawford. As we prepare to travel back to Tampa today, I couldn't help but think about the goodwill generated by the pre-game ceremonies, the back stories about the players, and the game itself...

Doctor, Pharmacist Errors Lead to Acetaminophen Overdoses

Posted on July 13, 2009
When doctors prescribe pain medicines such as Percocet and instruct their patients to take one or two pills every four hours, they may be liable for acetaminophen overdoses. While prescribing such pain medicines, doctors often focus their attention on the amount of narcotic prescribed and fail to recognize that the amount of acetaminophen in those doses far exceeds the four gram safe limit of acetaminophen...

Nancy DeParle ? ?Health Care Czar? ? Has Strong Ties to Industry

Posted on July 08, 2009
In American politics, one phenomenon has plagued credibility of our federal government: the 'revolving door'. It occurs when a person cycles between the private industry and a government position which influences that industry. While not always a bad thing, it's something that people view as a potential source for creating conflict of interest or the appearance of conflict of interest...

The New Drug Monitoring System ? What?s Happening Behind the Scenes?

Posted on July 07, 2009
Last month Governor Charlie Crist (R. – FL) signed the new 'pill mill haven' bill into law. The new law is an effort to shed south Florida's reputation of being a haven for the prescription drug black market. It will create a new state-wide database track prescriptions of controlled substances designated as Schedule II, III and IV drugs, which includes drugs such as codeine, methadone, amphetamines, anabolic steroids and ketamine...

Reglan Adverse Events Events Jump Dramatically

Posted on July 07, 2009
The FDA is reporting that instances of adverse events have more than doubled from 2006-2008. The adverse events associated with Reglan involve a muscle disorder tardive dyskinesia. The increase precedes Reglan's black box warning. Since the reporting system is voluntary, the adverse events may be significantly higher than those reported...

What the heck is going on in VA Hospitals?

Posted on July 06, 2009
Two shocking news reports highlight the growing concern about VA hospital negligence and the quality of care provided to our soldiers stateside. In the first article, reports from the New York Times and the Philadelphia Inquirer last month indicated that during a six-year period at the Veterans Affairs Medical Center in Philadelphia, approximately 92 of 116 Veterans were given incorrect radiation doses in a common surgical procedure to treat prostate cancer called brachytherapy...

FDA Seeks to Limit Acetaminophen Products Tylenol, Excedrin

Posted on July 01, 2009
The FDA will seek to lower the dosages of such acetaminophen products as Tylenol and Excedrin, long been considered to cause liver damage. In its panel vote, the FDA recommended lowering the maximum single and daily doses of acetaminophen. In a related move, the FDA panel voted to eliminate such narcotics as Vicodin and Percocet, which combine narcotics with acetominophen...

Dirty Little Secret in the Health Care Insurance World Is Exposed

Posted on June 23, 2009
Health insurance policy holders would expect to be paying an insurance premium so that they are protected in the event of serious illness. But that's not always the case when the insurance company no longer sees the policy holder as profitable...

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