Ferrer, Poirot & Wansbrough | Injury Law Blog

FDA Considers Regulating Wellness Technologies to Help Prevent Medical Device Defects

by Keith Adkins | January 20th, 2015

Advancements in technology have helped Americans live healthy lives, but developments in medical and health devices have raised several questions about the preventing defective medical products from reaching consumers.

Most of us concede the importance of regulations placed on items like insulin pumps or dialysis machines, but what about heart monitors people wear on their wrists while working out? Should over-the-counter gadgets be required to face the same regulations? Officials from the federal government say the answer to that question is yes.

According to Engadget, the U.S. Food and Drug Administration (FDA) is calling for public opinion on a set of rules to guide the design, manufacturing, and distribution of what’s being described as “general wellness devices.” These regulations will be placed on any device that claims to make improvements to a person’s health.

The problem is, the lines are very murky between claims to improving wellness and the treatment of medical conditions. That’s why the FDA is expected to make several changes to the drafted rules before a vote on the initiative is taken.

At Ferrer, Poirot & Wansbrough, we see the results of faulty products on a daily basis. Our defective medical device lawyers are anxious to see if these new regulations are put into place.


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Are You at Risk for a Testosterone Therapy Heart Attack?

by Keith Adkins | January 13th, 2015

As men become older, they can lose energy, body mass, and even their sex drive. Hormone replacement therapies have come onto the market in recent years, but it’s important that American men understand that certain versions of these products can present very serious health risks.

One of the more common hazards being reported today is a testosterone therapy heart attack. Men who have used products like Androgel® and Axiron® have reported suffering heart attacks and other cardiovascular conditions at a much higher rate than those who didn’t use the products.

According to Reuters, the U.S. Food and Drug Administration is also seeking additional data on the safety of another testosterone replacement product, known as QuickShot Testosterone. The study, which could take up to a year to complete, was requested after a patient using the drug had an allergic reaction to the product. Symptoms included hives, itching, and bumps on the skin.

While warnings about the dangers of testosterone replacement products are important, the cautions come too late for many. That’s why it’s important for those who are harmed as the result of using such a product know that help is available.

At Ferrer, Poirot & Wansbrough, our drug injury lawyers have helped thousands of drug injury victims, and we want to do the same for you. Call us 24/7 at (866) 589-0257 for a free case consultation.

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Xarelto® Lawsuits Consolidated in Louisiana

by Keith Adkins | January 6th, 2015

Xarelto® is a blood thinner once lauded as a revolutionary treatment for stroke and heart attack victims because it required less monitoring by medical staff. However, the drug was found to increase the risk of  uncontrolled bleeding in certain patients.

Some bleeding injury victims have gone on to file Xarelto lawsuits against  Johnson & Johnson, the maker of the drug. And now these cases have taken another step forward in the legal process.

Injury Lawyer News reports that a judicial panel has decided the Xarelto lawsuits should be consolidated. This means the roughly 21 Xarelto lawsuits filed in as many as 10 federal courts will be examined during a single trial in the Eastern District of Louisiana with U.S. District Judge Eldon E. Fallon presiding.

The cases were consolidated after it was determined that each of the lawsuits were based on claims. Attorneys for Xarelto injury victims argue Johnson & Johnson failed to provide enough warning of the dangers associated with the bleeding risks posed to users.

At Ferrer, Poirot & Wansbrough, we know the struggles Xarelto drug injury victims are facing, and our drug injury lawyers are here to help if you or a loved one was the victim of a Xarelto bleeding injury. Dial (866) 589-0257 to contact our 24/7 legal team now.

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FDA Struggles to Control Workout Supplement Health Risks

by Keith Adkins | December 30th, 2014

Numerous products on the market claim to enhance your physical performance, but they may also be putting users’ safety in serious danger. One of the newest workout supplement health risks involves caffeine powders that can cause health complications—and even death. Despite these risks, there is little the U.S. Food and Drug Administration (FDA) can do to prevent the sale or misuse of the product.

An article from U.S. News explains that at least 21,000 Americans are hospitalized each year due to complications from energy drink products. Officials say the number is expected to grow now that caffeinated powder has made its way onto the market.

The powder can be lethal in doses of more than two tablespoons, and thousands of others have been harmed after using lower dosages.

These problems have forced the FDA to send warning letters to distributors and retailers who sell the caffeinated powders, but the use of ambiguous warnings could make it difficult for the FDA to have the product pulled from the market—which is their intention.

The drug injury lawyers at Ferrer, Poirot & Wansbrough encourage citizens to stay safe by refraining from using products with large amounts of caffeine. If you’ve been harmed as the result of taking a supplement, an attorney may be able to protect your legal rights to compensation for your injuries. Our firm is available to speak with you anytime—just call (866) 589-0257.

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FDA Working to Families From Antidepressant Birth Defects

by Keith Adkins | December 23rd, 2014

It’s important for women to remember that while drugs may be safe for you to take under normal circumstances, taking certain medications while pregnant could unborn children at serious risk of drug injuries.

Taking certain antidepressants during pregnancy can put children at risk of developing birth defects. One of the most common antidepressant birth defects caused by a class of drugs known as Selective Serotonin Reuptake Inhibitors (SSRIs) is a condition called Persistent Pulmonary Hypertension. Children suffering from the condition do not absorb enough oxygen into their bloodstream from the lungs and heart, which can lead to trouble breathing, a rapid heart rate, or even death.

To prevent these injuries, the U.S. Food and Drug Administration (FDA) has announced drug companies will now be required to disclose more information about the safety of their products on the label. This will include whether the product was tested for safety on humans or animals.

At Ferrer, Poirot & Wansbrough, our drug injury lawyers have seen the effects of drug injuries on patients, and we are hopeful the new regulations will be successful in protecting children from such harm in the future.

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Contaminated Medication Causes Patient to Lose Legs

by Keith Adkins | December 16th, 2014

Each year thousands of patients are harmed as the result of being administered drugs that were contaminated due to poor handling or manufacturing processes.

One such case resulted in a drug injury lawsuit against the hospital responsible for allegedly giving the victim a dose of a contaminated drug that led to their development of serious health complications.

According to an article from CBS Miami News, the Brevard County hospital was sued after a bypass surgery patient was given a dose of blood thinner contaminated with bacteria. This led to an infection that ultimately resulted in the amputation of the patient’s legs. The victim contends the hospital was made aware of a recall of the contaminated drug, but failed to take action.

The hospital argued the claims should be handled as a medical malpractice case, but a panel of judges recently ruled the case should be heard as-is.

At Ferrer, Poirot & Wansbrough, we are aware of the serious harm caused by contaminated patients. That’s why our drug injury lawyers are hopeful a decision in this case will help bring a sense of closure to the victim.


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What Are the Steps Involved in a Drug Injury Lawsuit?

by Keith Adkins | December 9th, 2014

When a patient is harmed as the result an unsafe or recalled drug, they may be entitled to seek compensation for damages by filing a drug injury lawsuit. There are several steps to the multidistrict litigation (MDL) process through which many drug injury and defective medical device claims are handled.

Your attorney files your claim after gathering evidence related to your drug injury. Once your case is consolidated alongside other similar claims related to the same drug, the case will proceed through three steps:

  • Discovery- This is an opportunity for plaintiffs’ attorneys and drug company lawyers to exchange information so that both sides can thoroughly consider and understand all aspects of the case.
  • Pretrial- After gathering all the necessary information, both sides present their case to a single judge assigned to the MDL.
  • Settlement Conferences- After hearing arguments, the judge will attempt to mediate a settlement between the plaintiffs’ attorneys assigned to the MDL and the drug company lawyers. If a settlement is reached, each plaintiff receives a settlement based upon his or her injuries. If an agreement cannot be reached between the two sides, individual cases are sent back to the courts where they were filed for trial.

At Ferrer, Poirot & Wansbrough, we understand how drug injuries affect victims’ lives. That’s why our drug injury attorneys are here to answer any questions you may have if you or a loved one has been harmed as the result of a recalled or dangerous drug. Call us to learn more about how we can help at (866) 589-0257.

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Testosterone Therapy Heart Attack Cases Set to Go to Trial

by Keith Adkins | December 2nd, 2014

Hormones control many of aspects of our bodies, including mood, bone strength, muscle mass, and sex drive. But as we age, our bodies produce less of these hormones, which can affect the way body systems work.

And while hormone replacement therapies are available, patients who choose certain treatments may be putting their health at serious risk.

A good example of this comes from recent lawsuits filed in connection with testosterone therapy heart attacks. Victims claim companies failed to warn them that testosterone replacement products, such as AndroGel®, might put them at an increased risk of suffering cardiovascular injuries, including stroke and heart attacks.

An order from the United States Judicial Panel on Multidistrict Litigation states certain bellwether cases related to low T therapy injuries are expected to go to trial as early as 2016.

A judge went on to explain that six cases will be selected to go to trial. The results of those cases will be used to determine the future of hundreds of similar cases. The trials will only include injuries involving the use of Androgel®.

At Ferrer, Poirot & Wansbrough, we have more than 30 years of experience protecting the rights of drug injury victims. If you or a loved one suffered a heart attack or stroke after using Androgel®, our drug injury lawyers are here to help. Call us 24/7 at (866) 589-0257 to get in touch with our legal team today.

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What Can Be Done to Prevent Prescription Drug Errors?

by Keith Adkins | November 25th, 2014

As Americans, we have access to some of the best medications in the world. But what many people fail to realize that taking certain drugs may put your life in danger.

Estimates show there are roughly 7,000 drug injury fatalities reported annually. That means at least one medication error occurs per hospital patient every day.

So, what are some of the best ways to reduce the number of drug injuries?

According to an article from American Nurse Today, medical professionals should be checking to make sure the “five rights” are being met each time they distribute a medication by:

  1. Ensuring the right drug is being distributed
  2. Making sure the right patient is receiving the drug using two identifiers
  3. Double checking that the right dosage is being administered
  4. Checking that the drug is given at the right time
  5. Administering the medication through the right route

Some doctors have expanded this list to include making sure the drug is being given for the right reason and that the right evaluation of the patient is conducted.

At Ferrer, Poirot & Wansbrough, we recognize the importance of safety rules for the distribution of medications. That’s why our team of drug injury lawyers is here to help if you’ve been harmed by a prescription drug. We can help answer any legal questions you may have and help you file a claim for your injuries. Call us today at (866) 589-0257 to discuss your case.

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Many Workout Supplement Remain Available Months After Being Recalled

by Keith Adkins | November 18th, 2014

It’s important to know that taking certain weight loss or muscle building products can lead to workout supplement health risks—and many of these dangerous products make their way back on to the market, even after being recalled.

An article from Food Safety News explains the study examined a total of 27 of the 274 workout and dietary supplements recalled between 2009-2012. They concluded eighteen products contained ingredients considered adulterants in the United States. These ingredients include:

  • Sibutramine
  • Anabolic Steroids
  • Phenolphthalein
  • Sildenafil

Despite these products containing undeclared ingredients, an estimated 68 percent of the products remained on the shelf six months after being recalled. Officials say the reason for the lack of action is the fact the law doesn’t properly regulate the dietary and workout supplement industries.

So what should you do if you’ve been harmed by a dietary or workout supplement? The drug injury attorneys with Ferrer, Poirot & Wansbrough suggest discussing your legal rights with an attorney. Our legal team is available to speak with you about your injuries anytime—just dial (866) 589-0257.

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