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Lance Armstrong’s Class Action Suit

Monday, January 28th, 2013

Do you remember the old joke about the definition of an autobiography? Answer: the life story of a car. Yes, I know it’s not funny. But, Lance Armstrong also doesn’t think that his autobiography is bringing him much joy either.

    He is now probably hearing angry voices in his head over a lawsuit filed against him, because of his best-selling co-authored book.

The Los Angeles Times and USA Today  are both reporting that a lawsuit has been filed by two individuals against Lance over his book “It’s Not About the Bike: My Journey Back to Life”.

The plaintiffs claim that they would not have purchased his book if they had known the true facts about his involvement “in a sports doping scandal”. They are seeking class action status against Armstrong and in that petition, they have indicated that the lawsuit could involve in excess of 100 people.

The lawsuit is also being filed against his book publishers, which includes the publisher of Armstrong’s other book “Every Second Counts”,  which was published back in 2003.

This raises an interesting legal question of whether an author can be held accountable for misconduct, so as to allow past purchasers to seek their money back for a product. Armstrong won seven Tour de France victories between 1999 and 2005; it was during that period that he now has acknowledged that he used banned substances.

Our pic o’ day gives us another idea. Maybe he would rather be in the box of shame instead of facing lawsuits!

 

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South Carolina City Attorney Accused

Monday, September 24th, 2012

Quid pro quo is sometimes a way to get by. “You scratch my back and I’ll scratch yours”. It all sounds good on the morning radio “Swap Shop” unless you are applying it as a City Attorney.

The ABA Journal reports that Charles Cushman, City Attorney for Camden , S.C., has turned himself in at the Kershaw County jail and was released on personal recognizance bond, after being accused of trading prosecutions for donations to the Camden drug fund. According to the arrest warrant, Cushman allegedly dismissed some criminal cases when a donation was made to the fund.

Law enforcement agents claim to have financial records to support the warrant. They also added that the drug fund maintains an average monthly balance of $20,000 to combat drugs in Camden.

Hard to understand the thinking. Is this one of those stories where “two wrongs don’t make a right?” I know, it’s easy to finish it with “But, three lefts make a right”.

For pic o’ day I went with a good thought/bad idea:

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Akavar Class Action and Others

Monday, May 2nd, 2011

     It sounds like a great idea to be able to “Eat all you want and still lose weight”. Let’s put on our buffet pants right now. Unfortunately, you know the saying of “there’s no free lunch” . Now, we should also start saying that there is ” no all you can eat and don’t get fat lunch”. 

     A nationwide notice is being sent out, authorized by the United States District Court of Utah, relating to a class action lawsuit  that is being brought against the manufacturers of a weight loss supplement that is called Akavar 20/50.(Akavar) The lawsuit is called Miller v Basic Research LLC, et al. (Case No. 2:07-CV-871)

     In their ads for the supplement, the manufacturer made claims that the product had undergone “scientific evaluation” by a “team of doctors”.  The lawsuit alleges that there were no clinical trials; no scientific evidence that supported the claims of being able to eat anything you want and not gain weight; and that the advertisements were just making fraudulent claims.

          In 2009, Hydroxycut was recalled, because people claimed to have suffered severe liver damage injuries. I see their commercials again under the title of “Hydroxycut Advanced”. Now, they are pitching energy and weight loss in the same supplement. Notice, they hit the airwaves hard, right before swimsuit season. I wonder what change they made in the ingredients, that make it “Advanced”.

     Synerate weight loss was recalled, after more than 60 adverse events were reported. Many were deaths relating to heart attacks and strokes.

     The FDA just sent out a warning about an over the counter weight loss supplement called Fruta Planta. It is barred from the US and the warning went as far as to say that you should make sure that it gets thrown away, in a sealed container, so children and animals cannot  get to it.  

     It’s sad that people of bad character concoct some pill; set up a PO Box; and just start running TV ads that tout false claims. Meanwhile, people think that the ads are truthful and the pictures of the actors in their bathing suits, must be real. 

     The battle of the bulge lets these kinds of characters prey on the unsuspecting. History records that  Hitler believed that you should  ”make the lie big; make it simple; keep saying it and eventually they will believe it”.

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A Topamax Recall and Reminder

Thursday, April 14th, 2011

     “Something The Lord Made” is the HBO movie about controversial open heart surgery on an infant. At the time, it was extremely controversial to operate on the heart. Outside the United States, there had been some heart repairs as early as 1895.

     The movie discusses the religious opposition to open heart surgery at the time. There were some that allegedly believed that the soul resided in the heart and thus, should not be tampered with. Others believed that such medical conditions should be left to the determination of our Creator.

     I was reminded of this movie when I saw the recall for Topamax. Topamax is a medication that is prescribed primarily for epilepsy. According to the announcement by the manufacture, Ortho-McNeil Neurologics, the recall stems from four consumer complaints.

     The complaints resulted from an uncharacteristic odor in  pill bottles, that is thought to be TBA (tribromoanisole). TBA is a byproduct of a chemical preservative that is sometimes used on chemically treated wood. It could have gotten into a batch of Topamax, from wood pallets where the medication had been stored.

     Epilepsy  is one of the most common neurologic disorders. History tells us that it used to be sometimes known as the “Sacred Disease” because the resulting symptoms were believed to be a result of such things as demonic possession, or an attack by “other wordly” beings.  A 5th century treatise by Hippocrates discussed the attacks and their possible relationships to visions.

     Because the condition was not understood, some considered it to be contagious or poisonous. Treatments went as far to include literally drilling a hole in a person’s skull, to possibly attempt to either let the poison out or the evil spirit.

     This recall serves to remind us of how fortunate that we are with medical treatment and understanding today. Past medical conditions that were not understood, were given explanations that are obviously considered outrageous today. Maybe some of the treatments today, will also be deemed as an archaic to future medical care providers. 

     The other reason I blogged on this recall, is that it serves as a reminder to pay attention to our personal medications. A bad odor is cause for concern. Some may simply ignore their pill bottle when taking the medication. Also, medications are transported like other cargo and subject to issues beyond the manufacturing.

     In this instance, Ortho-McNeil is saying that the recall is related to fewer than 6000 bottles. Probably there’s a bit of a “conspiracy theory nut” in me, to always question the immediate discounting of any concern.

     I’m glad medicine has made such strides. I’ve been a benefactor of those advancements. Personal vigilence is also important and this recall is a reminder of that.

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“Ask Your Doctor” Ads

Monday, February 14th, 2011

     The other night, I watched the national  Evening News. Normally, I’m either not home,  or my wife and I are eating without the TV  turned on;  Or, My wife and I are eating dinner with Tony Kornheiser and Michael Wilbon. What that really means is that we are watching a  version of “Pardon the Interruption”,  ”DVR’d” from ESPN. 

     Watching the national Evening News is surprising, during the advertising breaks. It seems like the commercials are endless ads for some kind of medication. I guess they believe in the proposition that if Big Pharma tells us about a problem, then they have  a pill to fix it.

     There might be an advertisment that deals with poor sleeping habits. Then, they tell you how they can fix that, to make you feel like a butterfly is floating past you. Do we really want butterflies hanging around our pillows?

     The next ad might have something to do with “jumpy legs”. Or, a guy has heart or cholesterol problems and he is always in black and white, until he takes one of these amazing pills and life is back in color again…. riding a bike with family.

     They always have the depression ads. The person with furrowed brow is magically out in the garden or smiling at the world, after taking that special medication. Maybe there’s depression after learning that you have to take a pill for jumpy legs, so you can have butterflies zipping around the bedroom, while you sleep with that satisfied look of “making sure that you have 8 hours to sleep”  when you take the pill.

     In my practice, I regularly rely on what doctors say or put in their notes. The standard for evidence is “more probable than not”.  The Hippocratic oath includes the words “First, do no harm”. For that reason, you would think that doctors would want to be advocates for their patients in testimony and in the medical records.

     Some doctors will come right out and say that they don’t want to be involved in an accident case. In fact, they will charge such an exorbitant amount to meet, have their deposition taken or even come to court, that it sometimes becomes financially prohibitive. They seem to forget that the client has to ultimately pay for their testimony. 

     At a recent seminar, a jury psychologist was saying that nurses are now considered to be much more credible and reliable than doctors. Because of these surveys, they were encouraging us to call nurses to testify in our cases.

     I guess the summary of all these “ask your doctor” ads  has led me to believe that the public might see these ads and starts linking Big Pharma with doctors. If you start to believe that doctors are in the pocket of Big Business, no wonder we begin to believe in the nursing profession as more dependable.

     Personally, I’m glad that I have doctors that I can depend on. In fact, I never feel as though I have to ask them about a prescription that I just saw on TV. Maybe that is a good test as to whether you are already receiving good medical care. I don’t have to walk in with some  prescription name, written down on a piece of paper, to ask my doctor whether it’s right for me.  Otherwise, maybe the ads should say, “Ask your nurse if your doctor is right for you”.

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Bad Advice From a Client

Thursday, February 3rd, 2011

     Normally, lawyers are giving their client advice. Unfortunately for one Pennsylvania lawyer, he took the advice of a client, and the advice was his downfall.

     Mainlinemediannews reports that a 62-year-old lawyer took the advice of an incarcerated client, on how to smuggle drugs into a Delaware County prison. The fact that I am blogging on it is a quick clue that things did not go as planned.

     The inmate is heard, in a prison conversation, to be telling the lawyer how to package the drugs, to safely bring them to her. She also advised him to “make sure you look like a lawyer, you won’t be searched.”

     The inmate further instructs him to place the package of drugs “in your right hand, and when I see you, I will be able to hug you and I will get it from your hand.” When the lawyer came through the routine scan at the entrance, he told the guards that he was there to see a client. During the scan, he was found with the drugs. I wonder if he tried to keep them in his hand or if he put the drugs in the basket, where you usually put your personal items, before walking through the scan.

     The lawyer has pled to a charge of possession with intent to deliver drugs to a prison inmate. The plea was worked out to allow him to avoid a mandatory two-year sentence.  Also, as a classified first offender, he is eligible for an additional reduced sentence, if he meets certain criteria of conduct, while in prison.

     His lawyer has indicated that his defense would have been that he suffers from dementia. At the time of his arrest, he told authorities that he had been “introduced to crack cocaine and marijuana by some girls that he met” and had been a user for about three months.

     His license to practice law has been suspended. Because of his admitted medical diagnosis of dementia,  I expect that he will no longer be able to practice law, regardless of the outcome of the sentencing.

     It made me sad to read this story. I wonder if anyone that he worked with, or his family, noticed that he was dealing with these medical issues. Could all this have been prevented.

     His defense lawyer noted that he had been a practicing attorney since 1972 and had never been guilty of anything worse than a traffic ticket. He noted that,  ”He was a professional and made wonderful decisions, up until he (the lawyer) was diagnosed with dementia”.

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Dollars For Docs Follow-Up

Sunday, January 9th, 2011

     In my previous blog, ”Drug Companies Paying Doctors“ , I cited a database called “”Dollars for Docs” that has attempted to compile  information on payments, that drug companies have made to doctors.

     It is not my opinion that just because a doctor receives compensation from a drug company, that it should mean that such payment means influence over that doctor.

     Unfortunately, there is not enough funding for doctors. Many times, the difficulty in even filling out the paperwork to try to receive research grants, can be overwhelming. Plus, many doctors, that I know, are already working long hours and fighting insurance companies to even get a portion of their entitled billing.

     I just thought that I would attach the website (here) which will allow you to plug in the name of any healthcare provider, to determine what monies that they might be receiving from the Pharmaceutical Industry.

     To me, it’s no different than lobbyists interacting with legislators on Capitol Hill. We know that industries contribute to campaigns. That doesn’t mean that every legislator is being “bought” by every contribution. 

     The reality is that medical treatment and research does cost money;  just like political campaigns cost money. I just think that it’s good to know who is paying and who is receiving.

     This website is not an exhaustive list. There are many doctors and payments still not listed. It is a good place to start. It goes along with the old saying that “information is the greatest commodity”.

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Jolly Rancher Law Breakers

Monday, May 10th, 2010

     Apparently, you have to keep an eye on those who have a craving for Jolly Rancher candy. I wasn’t aware that these sweet items are such a law breaking temptation. Do we need a “Just Say No” campaign. The following two stories show us what happens when there is zero tolerance.

     Last month in Houston, a toolbox was delivered to a prison. Not surprisingly, it went through the x-ray security.  Packed away was five ounces of marijuana, chewing tobacco, five grams of Methamphetamine, 139 ecstasy pills and two bags of Jolly Ranchers. Now, initially when I saw this story, I didn’t think that it warranted a blog.

     Sure, that “crazy” who thought that when the tool box was delivered,  it would just be taken to cell block C, probably shouldn’t be running with scissors. Are sharp tools normally just allowed “back there”? It doesn’t seem like that in the movies. Plus, who is doing Ecstasy takeout  these days, but I digress.  Anyway, I let that first Jolly Rancher story slide, until I saw another Jolly Rancher sighting.

     Third-Grader Leighann Adair has been busted for Jolly Rancher possession and given a week long suspension.  According to the news story and video, the suspension stems from the violation of state nutrition guidelines. Apparently, she wasn’t allowed to bring those to lunch.

     The story asks the blinking question, “what is the big deal with Jolly Ranchers”. They are made in Canada;  A serving size is three pieces;  and they have a multitude of different flavors including blueberry. Plus, this outlaw 3rd grader named Adair, only had one piece on her when she was discovered to be violating the nutrition guidelines. I suspect those other two pieces might still be out there.

     Apparently, this is one issue that has been flying under the radar. I just learned that one inmate on death row, requested a last meal of Jolly Ranchers. He did insist that they all be green. I don’t think I’ll be tempted to break any of these laws, since I don’t really have a craving for these pesky sugar cubes. I just hope that no legislator turns attention to red licorice.

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Categories : Current Affairs
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AstraZeneca Just Moving Forward

Wednesday, April 28th, 2010

     The title of this blog sounds boring. It’s like flipping through the channels and seeing an ad for a “Man Groomer”. It just sounds scary and who really wants to hear about someone shaving their back.

     Anyway, since we do Pharmaceutical litigation, it did grab my attention that Astra Zeneca just paid a $520 million dollar fine for illegal marketing of an anti-psychotic drug called Seroquel.  Now, before you tune away, I wanted to just outline a few curious things about this settlement and why there is such a large fine for marketing.

     Some of the false marketing just didn’t make sense. When I read some of the company comments about the settlement, I can’t help but shake my head at, “While we deny the allegations, it is in the best interests of AstraZeneca to resolve these matters and to move forward with our business of discovering and developing important, life changing medicines”.

     This reminds me of the recent handicapped-accessible water fountain that was installed in a Courthouse, as a result of a settlement with the US Justice Department, over deficiencies in complying with the Americans With Disabilities Act.   The curious thing  is where it  was installed: on the second floor of the courthouse, which is only accessible by a staircase. In that instance, the spokesman for the Courthouse, told the reporter that the fountain is not just for those who have difficulty walking, and that this fountain really is better equipped for those who have problems bending, twisting or gripping. I love a good quote that just makes me shake my head. 

     Anyway, back to the drug company settlement where they just wanted to put it behind them so they move forward and do more good.  Justice Department officials allege that Seroquel was also being marketed for Alzheimer’s disease, anger management, depression, post traumatic stress, depression, bipolar maintenance and sleeplessness. Nothing in there, though, that would make the “Man Groomer” obsolete.

     It was also alleged that this Drug company had violated the Federal Anti-Kickback Statute by offering and paying illegal remuneration to doctors it recruited, to advise the firm about marketing for unapproved uses beyond the FDA recognized narrow approval. Basically, that’s code for “Doctor, if you prescribe this for a lot of different reasons, then we will pay you 50K a year as a consultant and fly you to Hawaii to discuss your thoughts on your thousands of prescriptions for the year”.

     This investigation was triggered by a “whistle-blower”. It usually takes someone on the inside to find out that this kind of fraud is going on. As a result, under the Whistleblower statute, you get a portion of the recovery for the bad conduct. In this instance, the share paid was $45 million, a tidy sum for helping to find the truth and stopping fraud. The fraud was created as a result of this medication being paid by  insurance such as medicare and that goes into the extent of the fine. Tax payers were really paying for this.

     Despite the boring title, I had to pass on the full story, even if you had seen a bit about the large fine. Now, you can go back to your regularly scheduled programming!

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Categories : Food and Drug Blog
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An Abbreviated Blog

Thursday, April 22nd, 2010

     I know that a few of my blogs have been a bit long. As a kid, my mom used to always repeat what the dog said, after he had his tail run over, “It won’t be long now”. That made me laugh. Now, I kinda feel sorry for the dog. Anyway, I do have a few blogs coming that will be back to the “War and Peace” length, but I thought I’d pass on something that you might want to stash away.

     I received an email from another lawyer, Dorothy Sims, who sent medical prescription abbreviations. Sometimes my clients will ask me what “that means” so I thought that I’d attach some abbreviations. I hope it’s helpful. Of course, I also thought, when I was a kid, that I had made up a funny joke that would make me famous, “What did one arm say to the other arm? Let’s go join the army”. It was funny when I made it up, so maybe a 6 year old, reading my blog, might be laughing out loud right now. Here’s the prescription cheat sheet (I know, you never thought you’d see Latin in this blog!):

a.c. : before meals (Latin: ante cibum)

b.i.d. : twice daily (Latin: bis in die)

b.i.n. : twice nightly (Latin: bis in noctus )

cap : capsule (Latin: capsula)

d : day (Latin: dies)

daw : Dispense as written, no substitutions

gtt : drop (Latin: gutta)

h.s. : bedtime (Latin: hora somni)

noxt : at night

O.D. : Right eye (Latin: oculus dexter)

O.S. : Left eye (Latin: oculus sinister)

O.U. : Each eye (Latin: oculus uterque)

p.c. : After meals (Latin: post cibum)

p.o. : By mouth (Latin: per os)

p.r.n. : As needed (Latin: pro re nata)

q.d. : Every day (Latin: quaque die)

q.h. : Every hour (Latin: quaque hora)

q.2h. : Every two hours (Latin: quaque secunda hora)

q.3h. : Every three hours (Latin: quaque tertia hora)

q.4h. : Every four hours (Latin: quaque quarta hora)

q.q.h. : Every four hours (Latin: quaque quarta hora)

q.6h. : Every six hours (Latin: quaque sex hora)

q.8h. : Every eight hours (Latin: quaque octa hora)

q.i.d. : Four times per day (Latin: quater in die)

q.s. : As much as is required (Latin: quantum sufficit)

s. : Without (Latin: sine)

s.o.s. : If necessary (Latin: semis)

ss : Half (Latin: sine)

t.d.s : To be taken three times daily (Latin: ter die sumendum)

t.i.d. : Three times a day (Latin: ter in die)

t.i.n. : Three times a night (Latin: ter in nocte)

ut. dict. : As directed (Latin: ut dictum)

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