California Injury Blog

An estimated 24 million Americans utilize medications to lower their cholesterol. Be careful which one you choose, because some medications may make high cholesterol look like a scrape on the knee compared to the side effects you may experience. The Zocor attorneys at Bisnar and Chase are helping patients recover monetary compensation for the injuries they have sustained from using Zocor, but according to the firm’s head partners, monetary compensation is not the number one priority. John Bisnar says that recovering monetary compensation for your injuries is a given, but changing the way manufacturers construct products is the goal that will save lives.

Continue reading "Zocor Attorneys Pursuing More than Compensation" »

Many patients who are taking Effexor have experienced great results. The drug was designed to help those who struggle with depression and other mood disorders and it has proven to be successful in some cases. Unfortunately, pregnant women who take Effexor are showing increased chances of giving birth to a child with birth defects. The California Effexor attorneys at Bisnar and Chase are noticing an increase in cases relating to Effexor and are assisting victims by providing free information about Effexor lawsuits.

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In response to another tragic display of Yaz side effects, Joan Cummins has decided to pursue compensation for the wrongful death of her daughter, Michelle Pfleger. Michelle died shortly after experiencing a heart attack on the way to class last year during which time she had been taking Yaz as an oral contraceptive. According to bizjournals.com, Pfleger's autopsy report showed that she died from cardiac arrest caused by a blood clot in the lungs, and the lawsuit alleges that the clot was caused by Pfleger's use of Yaz.

Continue reading "Mother of Yaz Side Effects Victim Pursues Compensation" »

As the number of Darvon and Darvocet lawsuits continues to rise, consumers are starting to question the U.S. Food and Drug Administration's continued approval of this 50-year-old defective product. Darvon and Darvocet's active ingredient, propoxphene, was approved in 1957 as a strong painkiller, but Darvon's side effects have been well-documented with little to no action to pull it from the shelves.

Continue reading "Ban on Darvon and Darvocet (Propoxyphene) Came Too Late to Save Consumers" »

Not so long ago, Yaz and Yasmin birth control were considered to be one of the most advanced and effective forms of contraceptives on the market, but those days are over. According to Bnet, about 190 women have died after taking Yaz and its predecessor Yasmin and countless more have suffered life-threatening injuries. Bayer has denied reports detailing the deadly effects of these defective medications, and say that they are perfectly safe.

Several studies have shown that Bayer-manufactured Yaz and Yasmin (also known as Yazmin) which contain the hormone Drospirenone, have a higher risk of developing serous blood clots that those who were prescribed other types of contraceptives. Ocella is the generic form, which is marketed and distributed by Teva Pharmaceuticals, and was approved by the FDA in 2008.

Yaz and Yasmin Side Effects

If you have been taking Yaz, Yasmin, Ocella, or any medication containing Drospirenone, and feel you may be experiencing negative side effects, you should contact your primary care physician immediately. This defective product has side effects that range from mild to very severe, but tending to them while they are in their early stages may prevent them from becoming more serious. The following are some of the more severe side effects:

Continue reading "Yaz and Yasmin Birth Control Continue to Claim Victims" »

The Supreme Court is faced yet again with the decision of whether to bar state court remedies to individuals who have suffered personal injury from drugs and products. The question is whether the state laws that protect product users and patients from the negligence of manufacturers are "preempted," or wiped away, by federal laws. The cases the Court is currently faced with involve potentially dangerous vaccines, seat belt designs, and generic drugs. However, the preemption debate is about much more. It's about whether injured individuals will ever have their day in court against the entities that failed to live up to their obligations.

"Preemption" exists when a state law is made invalid due to its interaction with a federal law, which will always be superior. However, not just any federal law will preempt a state law. A court must not invalidate a state law unless Congress intended to override the state law when it drafted the federal law. Merely being related is not enough. It must be clear that Congress's purpose was to preempt. This can be demonstrated either by explicitly preempting state law in the federal law, or where it is impossible to satisfy both laws simultaneously, or where Congress's involvement in a particular area is so comprehensive that it could be considered to have intended to preempt the entire area of law.

Continue reading "Preemption May be Death by a Million Cuts for Consumers' Historical Rights " »

Victims who have been injured from a defective product are well advised to seek the help of an experienced California products liability lawyer. The complexity of a defective product case will vary based on a number of factors.

Continue reading "How Long Does a Products Liability Case Take?" »

Public Justice is a group of more than 300 law firms that fights on behalf of those who have suffered injustice or serious personal injury as a result of using dangerous or defective products. According to their Web site, the group's Access to Justice Campaign just won a significant victory against pharmaceutical giant, Wyeth, after a federal court judge granted public access to reams of evidence that the drug maker "ghostwrote" medical journal articles promoting its own dangerous and defective drugs.

Continue reading "Wyeth's Ghostwritten Articles Camouflage Dangerous Drug Side Effects" »

The California Zicam lawyers at Bisnar | Chase continue to receive inquiries regarding lawsuits and class-action suits about defective over-the-counter Zicam cold medications, which have apparently caused hundreds of Americans to lose their sense of smell and/or taste. These Zicam defective products were meant to relieve cold congestion. However, the defective Zicam nasal cold remedy products clearly have done more harm than good.

Matrixx Initiatives Inc., the manufacturer of the Zicam cold remedies that are believed to be responsible for hundreds of users nationwide losing their sense of smell is expecting to face more Zicam lawsuits, in addition to the ones already filed, after the U.S. Food and Drug Administration warned consumers about Zicam drug effects, according to a Dow Jones news report. Last month, federal officials cautioned consumers to stop using Zicam cold and allergy medications because they can cause permanent loss of smell.

Matrixx officials have said that they are facing a lot of legal action including two economic Zicam class-action lawsuits and a personal injury lawsuit involving 117 plaintiffs. They are now saying that additional Zicam lawsuits involving individual plaintiffs making allegations that its nasal gel products have caused a permanent loss or diminishment of the sense of smell or smell and taste, have been filed. Matirxx officials have also said that they absolutely disagree with the FDA's stance that these drugs are dangerous and defective and that they intend to vigorously defend each and every one of these lawsuits. However, Matrixx has started a formal recall of all of its Zicam Cold Remedy Nasal Gel and Zicam Cold Remedy Nasal Swab products in a move to comply with the FDA's request.

Continue reading "More Zicam Lawsuits Filed" »

California Zicam class action attorneys are aware that the problem with Zicam intranasal cold remedies is nothing new. According to an investigative news report done by Denver's 7News in 2004, five years before the U.S. Food and Drug Administration (FDA) cautioned consumers that use of Zicam can result in the loss of sense of smell. In 2004, Matrixx Initiatives, the manufacturer of Zicam, admitted that they did not know if their nasal gel could cause loss of smell.

Continue reading "Zicam Class Action Suit Pending in California? Zicam Defects Surfaced Five Years Ago" »

Most Zicam lawsuit lawyers have seen recent warnings of the drugs effects. These effects can be devastating and the recent warnings about Zicam intranasal products, which are believed to cause a loss of sense of smell among users, is another example of that. A news article in the Associated Press talks about David Richardson of Greensboro, North Carolina, who believed he was taking a "homeopathic cold remedy" when he used Zicam's cold gel. With one squirt of Zicam cold gel, Richardson lost his sense of smell.

Here's how Richardson describes his loss to the Associated Press: "It's like watching a sunset in black and white. The things that you take for granted, not only smelling fresh-cut grass or bread in the oven…you miss those parts of your life. There's not a day that goes by that you're not reminded of it."

The U.S. Food and Drug Administration (FDA) warned consumers against three Zicam products -- Zicam Cold Remedy Nasal Gel, Nasal Swabs and discontinued Swabs in Kids' Size. Apparently, Zicam belongs to an under-the-radar, but legal sector of the drug industry called homeopathic remedies. Many drug injury attorneys have seen these pharmaceutical drugs sold over-the-counter without prescription as legal drugs claiming to treat specific aliments, yet they are not routinely reviewed for safety or benefit by the FDA. Matrixx Initiatives, the company that makes Zicam, still maintains Zicam is safe and has not yet issued a product recall. All that the company has agreed to, so far, is to suspend shipments and reimburse customers who want refunds.

Continue reading "California Zicam Lawsuit Attorneys: Victims Lose Sense of Smell after Using Zicam Cold Relief Products" »

Most California Zicam lawyers are aware of the recent warnings issued by the U.S. Food and Drug Administration (FDA). The FDA has warned consumers against using three Zicam cold remedy products containing zinc, after receiving more than 130 reports of serious Zicam side effects, particularly loss of the sense of smell. According to the FDA alert, many users said they lost their sense of smell with the first dose of Zicam. Others said they lost their sense of smell after repeated use of the defective Zicam products. The three Zicam products that the FDA is warning consumers against are:

• Zicam Cold Remedy Nasal Gel


• Zicam Cold Remedy Nasal Swabs and


• Zicam Cold Remedy Swabs, Kids Size (a discontinued product)

The FDA is saying that consumers who have been using or are about to use these over-the-counter Zicam cold medications must stop immediately because they are associated with a condition known as anosmia or loss of sense of smell. This condition, officials say, may be either long lasting or permanent. This type of pharmaceutical drug negligence can cause serious problems to anyone that uses these recalled Zicam products.

Loss of one's sense of smell is a serious problem that can not only adversely affect a person's quality of life, but it can also be a real danger because it limits a person's ability to detect the smell of gas or smoke or other signs of danger in the environment. FDA officials have apparently issued Matrixx Initiatives, manufacturer of these defective Zicam products, a warning letter stating that these products cannot be marketed without FDA approval.

Continue reading "California Zicam Attorney: FDA Zicam Warning" »

Raptiva brain damage lawyers have continued to see new cases. Recalling the psoriasis drug Raptiva from the market due to possible risk of brain damage has left many psoriasis patients anxious and concerned about the horribleRaptiva side effects they may suffer as a result of taking Raptiva for years. According to an article in Lawyers and Settlements, some Raptiva users have been taking it for years and are just now finding out that they may be at risk for serious brain damage, even death. Genentech, the pharmaceutical company that made this drug, apparently knew about the possible side effects based on tests done overseas. But the results of those tests were never made public here in the United States.

Raptiva users could suffer PML or progressive multifocal leukoencephalopathy that reportedly leads to a deterioration of the nervous system eventually causing irreversible brain damage. Raptiva users with weakened immune systems are most at risk. Longer and continuous use of Raptiva may further increase the risk of severe side effects. The article gives the example of a patient who only took it only for six months and experienced horrible side effects. He had a severe Raptiva allergic reaction. Most patients report experienced a severe burning sensation from head to toe. This patient says that he had to be given morphine by IV because of unbearable pain and that he "looked like I was dipped in the Burger King deep fryer." Then, he lost use of his legs for close to a week. He ended up spending three months in the hospital.

Continue reading "Raptiva Brain Damage Lawyers: Raptiva Users Worry about Side Effects" »

Raptiva recall attorneys are counseling Raptiva users and their families regarding the side effects of Raptiva use. Raptiva was sold as a treatment for psoriasis. It has been linked to a fatal brain infection. Raptiva's maker, Genentech, pulled Raptiva off the market after the U.S. Food and Drug Administration (FDA) issued a warning in February in response to three deaths linked Raptiva toProgressive Multifocal Leukoencephalopathy (PML), a brain infection.

Brain infection is not the only serious side effect that Raptiva is causing patients. Other more serious conditions associated with Raptiva treatments include anemia (low blood cell counts); psoriatic arthritis (damage to the joints); and low platelet counts. If PML is not treated right away, it can turn fatal.

Bisnar | Chase Raptiva recall attorneys will provide Raptiva users and their family members a complimentary, confidential consultation to evaluate their legal rights against the maker of this defective drug. We are hearing of horrible and heartbreaking Raptiva side effects that have destroyed lives and devastated families. These patients and their families deserve justice, accountability and appropriate compensation.

Continue reading "Raptiva Recall Attorneys: Deadly Side Effects Lead to Recall and Consumer Outrage" »

Medtronic Inc, a medical device maker, is contesting claims that it is responsible for the death of a California woman whose doctor inserted a bone-growth protein into her neck.
According to this news report in the St. Paul Business Journal, Shirley Nisbet of Vista, California, had Medtronic’s Infuse Bone Graft inserted in her neck in August, barely weeks after the U.S. Food and Drug Administration (FDA) issued a warning that such a surgery could pose a risk to the patient’s life.

The lawsuit, filed by Nisbet’s family, alleges that she went into respiratory arrest after the procedure and died within days of the surgery. But Medtronic officials say its technical consultant had denied recommending the off-label use of the company’s Infuse Bone Graft product. Physicians ultimately decide how medical devices are used to the benefit of the patients, a Medtronic spokesperson says. To me, that sounds like passing the buck.

Continue reading "Medtronic Denies Wrongful Death Claim" »

The U.S. Department of Justice has sued drug manufacturer Actavis, seeking a permanent injunction against its subsidiary that makes the recalled heart drug Digitek. According to this Bloomberg News report U.S. regulators took the action on behalf of the Food and Drug Administration against the Actavis Totowa LLS subsidiary in Little Falls, New Jersey.

In April the Iceland-based drug manufacturer recalled all of its lots of prescription heart drug, Digitek or Digoxin tablets, because some of the tablets might contain twice the approved level of the active ingredient. Hundreds have reported suffering serious injuries. Families have reported losing loved ones to this defective drug, which was normally prescribed to treat heart failure and abnormal heart rhythms. Actavis makes the drug for Mylan Inc., which distributes the drug under its Bertek and UDL brands. Actavis has said it has been working to meet the FDA’s manufacturing standards for its New Jersey facility.

Continue reading "U.S. Regulators Sue to Shut Down Heart Drug Manufacturer" »

Last week, pharmaceutical company Actavis Totowa LLC recalled all lots of its prescription heart drug, Digitek, because some of the drug’s tablets might contain twice the approved level of the active ingredient. According to an article in The Chicago Tribune, people have become sick or injured after taking the drug, which is used to treat heart failure and abnormal heart rhythms.

The defective Digitek tablets were manufactured with double the appropriate thickness, which means it may contain twice the approved level of active ingredients. Toxicity from this drug, because of the high dosage, may cause nausea, vomiting, dizziness, high blood pressure, cardiac instability or even death.

This apparently dangerous drug dosage was reportedly distributed by Myland Pharmaceuticals Inc. under a “Bertek” label and by UDL Laboratories Inc. under a “UDL” label.

It would be helpful to the Food and Drug Administration’s efforts for you to report any reactions to this drug to the FDA’s MedWatch adverse reporting program at www.fda.gov/medwatch/report.htm. Of course, contact the doctor that prescribed Digitek to you for his/her advise at your earliest opportunity.

Continue reading "Digitek Heart Drug Recall" »

The big news this morning is that pharmaceutical giant Merck is handing out Vioxx claimants what could well be the biggest payout in the history of civil cases. Company officials today approved a $4.85 billion settlement to make payments out to almost 50,000 claims filed against the company involving the drug Vioxx, which many claim had disastrous side effects such as strokes and heart attacks.

The deal will take effect only if 85 percent of all plaintiffs agree to drop their cases, according to an Associated Press news report this morning. Eventually, Merck pulled the defective drug off the shelves, but many say that was too little too late. The damage had already been done. The giant settlement means that Merck will just pay out the money without admitting any fault or that it manufactured, marketed or sold a defective drug.

The deal has reportedly been in the works for several days now, according to the AP report. Those who have been following the trial will no doubt be surprised by this sudden announcement. So far, Merck has successfully defended many of these Vioxx cases. But company officials made the decision because their legal bills would run into billions over the many years this process takes to complete itself.

Continue reading "Merck Approves $4.85 Billion Settlement for Vioxx Victims" »

MRI scans are as common as x-rays these days. But here is a news report that will make you think twice before you enter the belly of that scanner. On Wednesday the Food and Drug Administration issued a statement asking manufacturers of certain contrast agents, used in patients who get MRI scans, to place a black-box warning on the agents so patients are aware of the risks involved. Apparently these agents can be lethal to patients who have severe kidney problems, according to an article posted on CNN.

According to this article, the warning would involve five gadolinium-based contrast agents, some of which are manufactured by General Electric Co.’s health care unit as well as BAY, an arm of Bayer and Tyco. FDA officials say these agents, when used on someone with severe kidney problems, “could cause a debilitating and potentially fatal disease called nephrogenic systemic fibrosis.” Among others who are at risk are patients who are undergoing a liver transplant or those with chronic liver disease.

FDA officials say this condition, commonly referred to as NSF, can cause thickening of the skin and connective tissues and restricts their mobility resulting in broken bones. This type of fibrosis may also develop in the diaphragm, thigh and lower abdominal and lung vessels. NSF is a debilitating condition that results in gradual deterioration and may eventually lead to death. The agents in question are used to enhance visibility of internal organs when patients undergo an MRI. According to FDA officials, the contrast agents are not required for an MRI to be done.

Continue reading "FDA Wants Warning On MRI Contrast Agents" »

A Dallas pharmacy company erroneously made a drug 10 times more potent than intended, killing three people who received it at an Oregon clinic, according to the state medical examiner’s report. ApotheCure Inc., a drug compounding pharmacy company, said an employee committed a weighing error in making the drug colchicine, according to an Associated Press news report posted in The Dallas Morning News Website. The drug was sent only to the Center for Integrative Medicine in Portland, where three people received injections of the defective batch to treat back pain, company officials said.

All three recipients of the defective drug -- two from Portland and one from Yakima, Wash. -- died between the end of March and beginning of April from the toxic levels of the drug, officials said. The Food and Drug Administration said it is investigating the deaths, but the agency’s officials believe that the problem has been contained, according to the article.

The article reported that Gary Osborn, a pharmacist and certified clinical nutritionist for ApotheCure Inc., said the problem could have been contained even earlier had the clinic contacted ApotheCure Inc. after the first death occurred. Osborn told the Associated Press that the clinic did not contact then until nearly two weeks after the first death. He also said the second death occurred before the company was able to completely recall the bad batch and send a new lot.

Osborn said this is the first such incident in his company, which he says is an industry leader.

“But you know what people say, stuff happens," he said to the reporter.

Continue reading "Defective Drug Kills Three Patients - Lab Error To Blame" »