More Taxotere Cases Filed: Permanent Hair Loss Caused by Cancer Drug

Recently, lawsuits have been brought against the chemotherapy drug Taxotere, generically known as docetaxel. The manufacturer is being sued by cancer survivors for permanent hair loss. While the manufacturer has now updated the listed, known side effects, for all too many survivors, the update came too late. What makes these cases so compelling is that Sanofi-Aventis was aware of the risk of permanent hair loss, yet did not warn potential users of this risk.

While it is common knowledge that cancer patients undergoing chemotherapy will lose their hair, the expectation is that the hair loss is temporary. Taxotere users had that expectation because they were never warned about this side effect until the FDA forced a change to the label.

Taxotere Side Effects Are Widespread

According to BusinessWire, over 30 lawsuits against Sanofi-Aventis have been filed alleging a failure to warn users about the risk of permanent hair loss. While 30 lawsuits may sound like a lot, it is not. Consider this: according to the American Cancer Society, over 1.5 million new cancer cases are reported per year. Additionally, the ACS reports that there will be almost 250,000 reported cases of breast cancer alone this year.

Taxotere is very commonly used in breast cancer patients requiring chemotherapy, and a 2012 study showed a nearly 50 percent occurrence of permanent hair loss associated with docetaxel.

Can I Join a Class Action Lawsuit for Taxotere?

Currently, there is no class action lawsuit to join, however many attorneys across the country are bringing these cases. Also, there is a current motion pending to consolidate all the current cases so that the court can hear and decide the scientific evidence one time. The current motion is pending before a federal panel of judges on the Multi-District Litigation (MDL) panel, which will decide if hearing the currently filed cases together is pragmatic.

If the panel approves the MDL motion, it is likely that a class action will follow, however, if you think you have a claim, do not wait. Like any injury action, there are strict deadlines you must adhere to.

Related Resources:

• Injured by Taxotere? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Dangerous Drugs for Pregnancy (FindLaw’s Injured)
• Are Drug Companies Liable for Side Effects? (FindLaw’s Injured)
• Suing Big Pharma (FindLaw’s Injured)
• Pharmaceutical Drug Liability (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/09/more-taxotere-cases-filed-permanent-hair-loss-caused-by-cancer-drug.html

When to Sue a Gun Shop

After James Holmes massacred 12 people in a Colorado movie theater in 2012, the Brady Center to Prevent Gun Violence, along with families of some of the victims, sued several online gun shops for supplying Holmes with the ammunition and supplies he used in the shooting. The lawsuit claimed retailers negligently supplied the murderer with tear gas, laser sights, and thousands of rounds of ammunition without ever running a background check.

But the suit didn't end well. After the case was dismissed, the parents of one victim actually owed one ammo dealer $203,000 in legal fees. This leaves many wondering whether you can ever sue a gun shop, and for what.

Off the Mark

Between the Protection of Lawful Commerce in Arms Act and punitive state tort laws, suing a gun shop can be a risky proposition. The PLCAA provides immunity for gun manufacturers and sellers for the criminal acts of their customers. So while you may be able to sue a manufacturer if a gun causes an injury by malfunctioning, you probably can't sue them if a third party uses the gun as intended, to shoot you or someone else. And many states have laws saying if your civil case against a gun or ammunition seller is dismissed, you must pay all the defendant's costs.

That said, firearms manufacturers and dealers who negligently or knowingly allow guns to get into the wrong hands may be liable for injuries. Failing to follow state gun and background check laws, knowingly file false paperwork, or aiding and abetting the sale of guns to felons can potentially put gun shops on the hook if someone is shot or killed by an illegally sold gun.

In the 2002 sniper case, Bushmaster and a gun dealer involved were sued for negligence due to shoddy record-keeping by the dealer, and Bushmaster settled the claim. In the Holmes case, on the other hand, the websites likely had no way of knowing about Holmes's mental state or history of drug use, and they apparently were under no legal obligation to check.

On the Range

But off-site injuries from previously sold firearms and ammunition aren't the only means to sue a gun shop. Many gun shops double as gun ranges, and gun range injuries are unsurprisingly common. There are some cases where you could sue a gun range if you shoot yourself, and many more scenarios where you might be able to sue a gun range if someone else shoots you.

Suits against gun shops are rare, and rarely successful, and therefore require the advice of an expert. If you're thinking of suing a gun shop, you should contact an experienced personal injury attorney first.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Online Ammo Sellers Sued Over Aurora Theater Shooting (FindLaw's Injured)
• Can Bushmaster Be Sued Over CT School Shooting? (FindLaw's Injured)
• NY Man Sues Gun Manufacturer for Getting Shot (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/when-to-sue-a-gun-shop.html

Over 2.5 Billion People Worldwide Are in the Zika Danger Zone

The Zika virus has been causing quite a stir over the past year, despite having been around since 1947. A scholarly article published last week in The Lancet estimates that there are 2.6 billion people living within the danger zone of the Zika virus.

Until recently, the primary concern with the Zika virus came from pregnant women, as the virus is known to cause microcephaly, severe brain malformations, and other birth defects. A newer concern comes as researchers are discovering a high occurrence of Zika and Guillain-Barre syndrome, a serious condition affecting the peripheral nervous system.

One Third of the World in Danger

The number being reported from The Lancet is staggering: 2.6 billion people is over one third of the world population. Additionally, the report points out that the Zika virus is affecting the nations with the highest populations, including India, China, Philippines, and Thailand. While China and India have solid infrastructures in place, the sheer size of these nations creates a strain on finite resources that are needed to help control the spread. Because of the manner of transmission, either via mosquito or sexual transmission, researches are concerned that the virus could spread faster than anticipated if the right conditions are present.

The new concern about the correlation with Guillain-Barre syndrome may help to bring more attention to the matter as well as more funding for research. The type of mosquito that carries the virus is one that is found worldwide, so the efforts to combat this virus are significant for the world community.

Is There a Cure?

Unfortunately, there is currently no cure or vaccine for the Zika virus. The CDC has issued travel warnings for nearly 50 different countries. The Zika fever, as it is called, most often will have imperceptible or very mild symptoms. The symptoms include fever, red eyes, joint pain, headache and rash, which can last for about a week. Detection requires testing fluid samples while an infected person is symptomatic.

Numerous researchers and companies are working to develop a vaccine for the Zika virus. Inovio Pharmaceuticals is the first company to get to the first phase of human trials for testing a Zika vaccine.

Given the potentially serious consequences of the Zika virus, it's inevitable that liability issues will arise. If you have been injured by Zika, you may have a legal claim to recovery for your damages.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Center for Disease Control: Zika (Center for Disease Control)
• First Sexually Transmitted Zika Virus Case in Oregon (FindLaw's Injured)
• When to Sue for a Traumatic Birth Injury (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/over-25-billion-people-worldwide-are-in-the-zika-danger-zone.html

Dangerous Drugs for Pregnancy

Expecting mothers will do whatever they can to make sure their babies are born healthy and happy. But often, they don't know that certain drugs they are prescribed during pregnancy can cause harmful defects.

Sadly, there is a long list of drugs that were discovered to be harmful to pregnant women and their children. Most recently, researchers and the FDA learned a morning sickness drug called Zofran can cause including congenital heart defects, orofacial and septal defects, kidney malformation, and even stillbirths. Here's what you need to know about dangerous pregnancy drugs and what you can do about them.

When Can You Sue for Birth Defects?

When a child is born with birth defects, the last thing on the parents' mind is a lawsuit. It may be hard to know whether the defects are due to a prescription drug or some other cause. But pharmaceutical companies can be held liable if one of their drugs causes injuries based on one or more of three theories:

1. Design Defects -- This means a drug poses an unreasonable risk to consumers even if it is manufactured and used as intended, and generally must be foreseeable risks a company knew about and ignored;
2. Manufacturing Defects -- This means a mistake in the production of a well-designed drug that introduces a new danger to consumers, like contamination at a processing facility; and/or
3. Warning Defects -- This means a company failed to properly warn consumers of known risks in using a drug, like known side effects.

In the case of Zofran, the FDA had approved the drug as an anti-nausea treatment in cancer patients undergoing chemotherapy, but its manufacturer, GlaxoSmithKline was unlawfully marketing the drug to doctors for treating morning sickness.

Legal Tips for Birth Defect Lawsuits

Lawsuits based on birth defect injuries aren't like other injury lawsuits, and no two birth defect lawsuits are the same. Still, there are some general things to be aware of when suing over a dangerous pregnancy drug.

First, there's not just one kind of lawsuit to file. You may be able to file a product liability lawsuit against the drug manufacturer, but you may also be able to file a medical malpractice claim against the doctor if she prescribed the drug for an unapproved purpose or failed to warn you about the possible side effects.

Second, like any injury lawsuit, the statute of limitations will start the clock ticking on your time to file in court. But the specific time limit may vary depending on your type of claim and what state you live in.

The best source of information for any lawsuit is a lawyer and you can contact an attorney with experienced in pregnancy drug lawsuits today.

Related Resources:

• Injured by Zofran for Morning Sickness? Get your claim reviewed by an attorney for free. (Consumer Injury)
• New Zofran Lawsuits for Birth Defects (FindLaw's Injured)
• When to Sue for a Traumatic Birth Injury (FindLaw's Injured)
• Top 5 Pharmaceutical Drug Lawsuits (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/dangerous-drugs-for-pregnancy.html

The Battle Over Damages Caps in Arkansas

Normally, the amount you could recover in a personal injury lawsuit would depend mostly on the extent of your injuries and the egregiousness of the plaintiff's negligence. The more medical bills and missed work you had, the more you would be owed. And the more careless or reckless the party responsible, the more they would be penalized. But many states have tried to place a hard limit on injury lawsuits, known as damages caps.

So what are the justifications for damages caps, and are they a good idea? A recent ballot fight in Arkansas can provide a good case study.

Natural State of the Law

The proposed ballot referendum would cap non-economic damages in medical injury cases at $250,000, and would also limit the contingency fees attorneys could recover to one-third of any award after litigation costs are deducted. Non-economic damages are sometimes referred to as making it easier to for people pain and suffering, and the cap would apply to health care providers in medical malpractice cases.

Perhaps in response to making it easier to for people some states finding similar caps unconstitutional, the measure would be an amendment to Arkansas' state constitution. And the ballot measure has drawn battles lines in Arkansas, with doctors, pharmacists, and nursing home owners on one side, and attorneys on the other. The former claim the measure protects health care providers, deters ambulance-chasing lawyers, and ultimately keeps health care costs down. The latter claim the amendment is poorly worded and would unfairly limit injured parties' access to the courts.

The Price of Push and Pull

Several lawsuits have been filed challenging the referendum, claiming the ballot title and description are misleading, and signatures gathered to put the referendum on the ballot may be invalid. "The ballot title fails to convey an intelligible idea of the scope and impact of the proposed amendment, is materially misleading to the voters, and omits material information," one such suit claims.

Beyond the structural issues with Arkansas' ballot referendum are the bigger questions about damage awards in personal injury cases. Should health care professionals (and their insurers) be responsible for injuries they cause, regardless of amount? Or are soaring jury awards discouraging good doctors from taking up or continuing the profession? While placing any dollar figure on emotional harm may seem inadequate or misguided, placing an arbitrary limit on that recovery feels equally irrational. The battle in Arkansas may be its own referendum on damages caps nationwide.

Related Resources:

• Questions about an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Arkansas Lawyers Sue Over Plan to Cap Lawsuit Awards (ArkansasOnline)
• How Can a Damages Cap Affect Your Injury Case? (FindLaw's Injured)
• Should Doctors Have to Tell Patients If They're on Probation? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/the-battle-over-damages-caps-in-arkansas.html

When to Sue for a Traumatic Birth Injury

In personal injury law, the acronym TBI used to refer exclusively to a traumatic brain injury. However, after Caroline Malatesta’s case, this may need to change. News broke last month of the $16 million jury verdict awarded to Ms. Malatesta as a result of a traumatic birth injury caused by her nurses’s negligence while she was giving birth.

A traumatic birth injury occurs when the mother is severely injured as a result of the birthing process. While medical malpractice is not a prerequisite for this type of injury, it stands to reason that when a claim for a traumatic birth injury is raised, it should be brought alongside, or as, a medical malpractice or medical negligence claim.

When to Sue

A traumatic birth injury by itself will not be enough to state a legal claim for damages. Similarly to any injury, if no one is at fault, there is no legal claim to be brought.

Generally, if a person suffers a traumatic birth injury, they should speak with an experienced medical malpractice attorney as soon as possible since it is a complicated claim with strict timelines. Trying to determine if fault can be assigned will require looking at the medical records, interviewing witnesses, doctors, nurses, and other staff, as well as hiring experts, just to find out who is at fault.

To prove a medical malpractice or medical negligence case, you must show that the medical professional’s conduct fell below the generally accepted standard of medical care and that as a result of that conduct you were injured.

Assessing Damages

In Ms. Malatesta’s case, the jury award, while large, corresponds to the severity of her injury, which requires ongoing medical treatment and pain management, likely for the rest of her life. Additionally, not only does Ms. Malatesta’s now suffer from chronic pain as a result of the injury, she can no longer be as active as she used to be and she must spend part of each day tending to her permanent injuries.

What made Ms. Malatesta’s case so compelling was the fact that the marketing team for the hospital where the injury occurred was aggressively seeking to bring in pregnant patients and did so through misrepresentations. Not only were the caregivers found to have fallen below the standard of care for labor and delivery nurses, but the hospital was found to have violated the standard of care for marketing health care services as well.

Whether and when you can bring a claim for a birth injury is complicated. If you believe you may have a claim, you should contact a personal injury lawyer as soon as possible.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Medical Malpractice (FindLaw’s Law and Daily Life)
• Birth Injury Overview (FindLaw’s Law and Daily Life)
• Prenatal Testing and Liability for Wrongful Birth (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/09/when-to-sue-for-a-traumatic-birth-injury.html

5 Slip and Fall Lawsuit Myths

From slick store floors to icy sidewalks, slip and fall accidents account for an enormous number of personal injury lawsuits. So many, in fact, that you probably know someone (or know someone who knows someone) who has considered filing a slip and fall claim. And with so many stories out there, separating the truth from so many tall tales can be a challenge.

Have no fear -- we're here to help. Here are five common myths about slip and fall lawsuits, and the facts behind the fiction.

1. You Don't Have a Case

Accidents happen, right? If you want to avoid all risk, you have to just stay on your couch, correct? It's really nobody's fault. Don't let any of these arguments deter you. If you slipped, fell, and were injured on someone else's property, and the owner was negligent in maintaining the safety of the property, you may have a legitimate slip and fall claim.

2. There Was a Sign, So You Can't Sue

Yes, you can still sue if there was a warning sign. And yes, it may be more difficult to prove the owner's negligence if there was a sign. But the mere presence of a sign does not, by itself, bar you from suing for slip and fall injuries.

3. You Can Only Sue for Physical Injuries

Some slip and fall injuries can be minor -- a sprained ankle or bruised wrist. But some can be so serious as to cause not just physical harm, but psychological and social harm as well. Medical care and missed work are one thing, but the "inability to enjoy the day-to-day pleasures of life as a married couple, and temporary loss of sexual relations, significantly disrupted their common interests and social lives" is quite another, and you may be able to recover for suffering after a slip and fall.

4. The Defense Has All the Evidence

You may think that you need to leave any evidence of your slip and fall at the location where it happened, but that might not be the case. There is physical evidence you'll want to keep to bolster your claim, some of which may belong to you.

5. You Don't Have to Sue Right Away

While this one is technically true, there are time limits to injury lawsuits. State statute of limitations laws generally start the "clock" on your claim when the injury occurs, and many only allow two years to file an injury claim.

These and other personal injury laws can vary depending on where you live, so if you're considering a slip and fall lawsuit, you should contact an experienced local attorney to discuss your case.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Do Lawyers Really Chase Ambulances? (FindLaw's Injured)
• Myths and Realities of Injury Lawsuits (FindLaw's Injured)
• 5 Car Accident Myths (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/08/5-slip-and-fall-lawsuit-myths.html