Philadelphia Injury Lawyer Blog

In the past few weeks, our Fosamax femur fracture lawyers have been writing feverishly about the increasing awareness of the public regarding the devastating effects of taking Fosamax (or its generic counterparts, e.g., those manufactured by Teva Pharmaceuticals) over a long period of time. Touted as a wonder drug for the prevention or retardation of osteoporosis (especially in pre- and post-menopausal women), it turns out that scores of women have already reported in medical centers, located in the United States and Canada, that they have sustained low energy fractures of their femur bones, snapping with little or no activity. Merck, the manufacturer of Fosamax, which held an exclusive patent on the formulation until 2008, denies that there is any link.

ABC News and Good Morning America (as well as several other local and regional news agencies) have now reported the concern that these terrible effects may occur from the use of Fosamax. Met with such reports the FDA is investigating whether doctors and the public should be warned by Merck. In the most recent report aired on March 9, 2010, Dr. Richard Besser advised women who are taking Fosamax or generic alendronate, who begin experiencing pain in their thigh to see their doctors immediately. A complete fracture may be around the corner. Even in the absence of such a warning sign, they should ask their doctors if they should remain on Fosamax. A link to the Good Morning America show may be found at:

http://abcnews.go.com/GMA/OnCall/video/fosamax-linked-fractures-bones-10049562?tab=9482931§ion=1206835&playlist=1363742

Continue reading "FOSAMAX FEMUR INJURIES - DON’T WAIT UNTIL IT BREAKS" »

Last night, Diane Sawyer on ABC News continued her investigation into the causal link between Fosamax and femur fractures. A video of her follow-up report can
be viewed by linking onto:

http://abcnews.go.com/WN/WorldNews/osteoporosis-drugs-fosamax-increase-risk-broken-bones-women/story?id=10044066

This story, coupled with the one Ms. Sawyer did the night before, is beginning to alert the nation about the horrific incidence of femur fractures occurring without trauma in such insignificant motions as getting up from a sitting position. Being one of the strongest bones in your body, the fact that bones become so brittle and weak can simply snap has raised the concern that Fosamax, designed to make bones stronger, over time has the opposite effect.

There is also a news report on Good Morning America:

http://abcnews.go.com/GMA/OnCall/video/fosamax-linked-fractures-bones-10049562?tab=9482931§ion=1206835&playlist=1363742

Merck continues to deny liability and the FDA will not send out warnings as of yet, but assert that they “are looking into it.”

For several years, the Fosamax Femur Fracture lawyers at Pomerantz Perlberger & Lewis have been in the forefront of litigation against Merck representing women who have suffered femur fractures from the use of Fosamax.

If you go to our special Fosamax Litigation page on our website, you will find copies of one of our complaints, key medical articles and other resources to inform you.

Continue reading "DIANE SAWYER – ENCORE ON FOSAMAX FEMUR FRACTURES" »

For several years, the Philadelphia product liability lawyers at Pomerantz Perlberger & Lewis have been waging a legal battle against the giant drug company, Merck, that makes and distributes its product, Fosamax. The FDA approved this drug years ago for the prevention and treatment of osteoporosis and other bone disorders, which conditions arise most prevalently in women over the age of 50. Unfortunately, as was discovered by Dr. Jennifer P. Schneider, who was a lecturer advocating the use of this product and had used it herself for a prolonged period of time with tragic consequences, the formulation of this drug created an increased risk of suffering femur fractures. Our Fosamax Femur Fracture webpage has a featured link to Dr. Schneider’s article appearing in the peer review journal known as Geriatrics reproduced in full.

Merck denies any causal connection between Fosamax and femur fractures and has been fighting the cases we have brought. Gladly, the print and television media has now begun exposing the incidents of such fractures in women using Fosamax over a long period of time. One noted Washington physician, Dr. Robert Bunning, after seeing the stark evidence of this rare fracture (where no catastrophic trauma can be implicated) appearing in patients who had been taking Fosamax over a prolonged period of time, gave an interview that was televised on local TV. Yesterday, on March 8, 2010, Diane Sawyer of ABC News reported this issue over its TV network. A link to this report can be found at:

http://abcnews.go.com/WN/WorldNews/osteoporosis-drugs-fosamax-increase-risk-broken-bones-women/story?id=10044066

Continue reading "FOSAMAX FEMUR FRACTURES – TV EXPOSE’" »

The Philadelphia injury lawyers of Pomerantz Perlberger & Lewis were successful in removing a Fosamax Femur Fracture case from the Multi District litigation that involves osteonecrosis of the jaw or ONJ. United States District Judge, John F. Keenan agreed in his Order of November 20, 2009 (With a temporary stay of the remand Order lifted on December 1, 2009) in Molnar v. Merck & Co., Inc., that "evidence of general causation relating to fractures of the femur and hip would be substantially different than the material already obtained through discovery related to ONJ." Judge Keenan remanded the Molnar femur fracture case to the District of New Jersey.

Our Fosamax Femur Fracture Product Liability lawyers have already filed three other actions in the District of New Jersey and are preparing other actions to be filed. We are in the process of having these Fosamax cases consolidated. Unfortunately many woman who have been on long term treatment to prevent or to treat osteoporosis with Merck's compound alendronate (Fosamax) have suffered low energy fracturing of their femur and have had to undergo intramedullary rodding surgery. Often, however the condition caused by the long term use of Fosamax prevents adequate healing leading to further surgeries and long term need for a wheelchair.

Our Fosamax Femur fracture attorneys have alleged on behalf of our clients that:

"It is believed and therefore averred that Merck knew or should have known and failed to warn that long term use of Fosamax was unsafe because it could cause low energy femur fractures of the type that plaintiff suffered."

"Merck, particularly with its heightened knowledge and experience, knew or should have known that long term use of bisphosphonates, including Fosamax, could inhibit the production of new bone cells (osteoblasts) and therefore would prevent repair of naturally occurring micro fractures in the femur which could lead to serious low energy femur fractures, and/or that prolonged suppression of bone remodeling with Fosamax could lead to serious low energy femur fractures; and that femur fractures caused by long term Fosamax use could occur despite the apparent absence of sufficient trauma."

Continue reading "FOSAMAX FEMUR FRACTURE LAWSUIT REMOVED FROM MULTI DISTRICT FOSAMAX LITIGATION" »

For decades, Pennsylvania product injury lawyers have had to deal with confusing law about who can recover for injuries when a product causes injury due to defective design. Because the appellate courts have been restrictively vague, our Philadelphia and other Delaware Valley clients who were injured by products, such as bicycles, helicopters, automobiles, machinery and equipment, or consumer goods, had to resort to negligence theories with foreseeable zones of danger unless they were the actual purchasers.

The Third Circuit Court of Appeals ruled yesterday (4/21/09) in Berrier v. Simplicity Manufacturing that bystanders could recover under strict products liability theory and that it was error for the trial court to grant summary judgment because the injured plaintiff was not the intended user or purchaser. There was a genuine issue of fact over whether an alternative design would have prevented the injuries. In that case, a four-year old was injured when a lawn mower operated by her grandfather, went over her foot which was eventually amputated. The lawn tractor’s design was claimed to be defective and was unreasonably dangerous.

By so ruling, the Third Circuit predicted that the Pennsylvania Supreme Court, as other states had done, would adopt section 2 of the Restatement (Third) of Torts, replacing the old 402A standard, extending strict liability to the manufacturer or distributor of a defectively-designed product to any foreseeable person, not just the purchaser or ultimate user.

This decision is good news! The Philadelphia product liability attorneys at Pomerantz Perlberger & Lewis have successfully handled hundreds of design and manufacturing defect cases, both under negligence and products liability claims. Our lawyers have fought for the rights of injured plaintiffs and welcome this fair and long overdue decision making it clear that a bystander or any foreseeable person should be able to recover for his or her injuries.

Continue reading "PA. PRODUCT LIABILITY INJURY LAW - GOOD NEWS FOR INJURED BYSTANDERS" »

Women diagnosed with Osteoporosis in Philadelphia, Pennsylvania and throughout the United States must become aware of dangers of long term Fosamax use. Fosamax is a bisphosphonate drug made by Merck that is used in the treatment of Osteoporosis. The problem is that long term use, four years or more, especially when taken by women who are also on hormone replacement therapy is causing osteonecrosis leading to serious femur fractures.

The Philadelphia product liability and drug injury attorneys at Pomerantz, Perlberger & Lewis LLP are currently bringing suit against Merck for a woman who now is confined to a wheel chair in a nursing home due to a series of femur (thigh bone) fractures that could not be adequately repaired. Once an active “young for her age” vibrant woman, our client now suffers from chronic pain and disability.

It is believed that long term use of Fosamax causes a loss of blood flow to the bone, leading to death or necrosis of the bone tissue and consequently fractures. This was first discovered in cancer patients undergoing dental procedures who suffered jaw fractures. However there are now numerous cases of femur fractures occurring when there was no accident. In the case of our plaintiff, she was simply standing when her leg collapsed. It is ironic that a drug touted to strengthen bone will weaken one of the thickest and strongest bones in our bodies causing collapse.

Continue reading "Philadelphia Drug Injury Attorney Update - Femur Fractures From Long Term Fosamax Use" »

People in Philadelphia and everyone injured by the use of a drug in the Delaware Valley where Pomerantz Perlberger & Lewis LLP practice regularly should know of the decision by the Supreme Court of the United States decided yesterday.

In a 6-3 decision, the Supreme Court rejected the drug industry's attempt in the case of Wyeth v. Levine to limit the rights of plaintiffs to bring products liabilty against drug manufacturers and suppliers. Wyeth wanted the courts to rule that, because the FDA approves a drug and its warning labels, state law was pre-empted (impotent and powerless) to allow claims for injuries suffered by use of the drug. If successful, it would have made it impossible to sue for damages caused by a defective drug or inadequate warnings. The drug industry was optimistic it would win because the Supreme Court had already ruled that FDA approval of a medical device prevented lawsuits claiming injuries from a defectively designed device or the warnings accompanying it (Riegel v. Medtronics).

Laws have gradually moved over the last few decades from a tendency to protect consumers to a protection of big business. Defendants have relentlessly whittled away at the rights given consumers in the '60s and '70s. But now -- surprisingly and most satisfyingly, the Supreme Court has said "NO" to big business! The lawyers at Pomerantz Perlberger & Lewis have had broad experience over decades representing plaintiffs injured by defective products and inadequate warnings. We are happy that the door has not been closed upon you!

The once-popular diabetes drug Avandia (generic rosiglitazone), in addition to causing serious heart risks, may also increase bone thinning, a discovery that could help explain why diabetics can have an increased risk of fractures.

New research raises the possibility that long-term use of this drug could lead to osteoporosis. Researchers have found that in mice, the drug increased the activity of cells that degrade bones, according to information published in this week’s online issue of Nature Medicine.

Avandia was recently in the news again when it was labeled with a second black box warning for its risk of heart failure in some patients. GlaxoSmithKline, manufacturer of Avandia, has already acknowledged that a study found a higher risk of fractures among women who take the drug.

If you or a loved one has been harmed by a defective drug or some other defective product in Philadelphia, please contact the product liability attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.

Philadelphia users of Accutane will have interest in this product liability verdict. Have you heard that three Florida plaintiffs were awarded almost $13 million dollars by a jury in Atlantic City, New Jersey because they developed inflammatory bowel disease from taking Accutane when they were teenagers. The 8 person jury found that that pharmaceutical maker Hoffman-La Roche failed to provide an adequate warning. The jury award of $12.89 million is to be apportioned among the three victims, now aged in their mid-to-late 20s. It has been reported that Roche faces as many as 600 Accutane cases around the country.

I have found as a Philadelphia product liability and medical injury lawyer for 30 years that the only way to stop drug manufacturers from continuing to harm innocent victims is by the power of the lawsuit; especially the threat of a large jury verdict. If you have taken Accutane and now have bowel disease you should contact our office immediately. Get general information from the Pomerantz Perlberger & Lewis Philadelphia product liability lawyers.

These plaintiffs had taken Accutane almost ten years ago, while in their teens to relieve adolescent acne. All three developed various forms of IBD, including ulcerative colitis and Crohn's disease, while taking Accutane or shortly thereafter. One is expected to shortly undergo surgical removal of his colon. As a result of their disease, all suffer from a dramatic increased risk of colon cancer.

Continue reading "New Jersey Accutane Product Liability Verdict Provides Justice" »

A woman claiming her breast implants were damaged in an on-the-job car accident is only getting compensation enough to replace one of the two implants, according to a state appellate judge’s ruling recently.

The North Carolina Court of Appeals issued the decision in a workers’ compensation claim filed by Penny Rumple Richardson who claims the 2001 accident caused rippling and a decrease in the size of her breast implants. Not surprisingly, this case was the first of its kind heard by the judges.

Greensboro plastic surgeon Dr. David Bowers testified that the woman’s right implant had ruptured and the left implant showed signs of rippling, so he replaced both of her implants. But he later testified that the left implant most likely had rippling because it was under-filled.

Judges ruled that Richardson would be compensated for the one ruptured implant and that it be covered under workers’ compensation because they are a “prosthetic device that functions as part of the body.”

If you have been injured on the job and feel you may be entitled to Workers’ Compensation benefits, please contact the experienced Workers’ Compensation lawyers at Pomerantz Perlberger & Lewis in Philadelphia, Pennsylvania today to schedule your initial consultation.

PharmaFab, a distributor of more than 100 different drug products, has entered a legal agreement with the FDA under which they will stop the illegal manufacture and distribution of prescription and over-the-counter drugs. In the past, PharmaFab has sold items not made according to the current good manufacturing practice (CGMP), and many of its products did not have the required FDA approval.

PharmaFab has also been ordered to destroy all their illegal drugs and is barred from distributing all drug products until it fully complies with CGMP and gets the required FDA approval.

Just a few of the drugs distributed by PharmaFab include:

Rhinacon A Tablets
Sudal 12 Chewable Tablets
Atuss HX CIII
Histex PD 12 Suspension
De-Congestine Sustained Release Capsules

If you or a loved one has suffered adverse side effects from a drug or medical device in the Philadelphia area, please call the experienced legal team of Pomerantz, Perlberger & Lewis, specializing in Personal Injury, Medical Malpractice and Vehicle Accidents, to schedule your initial consultation.

A company called Delta Enterprises is voluntarily recalling almost 2 million cribs after two infants died from suffocation. The company states that almost a million drop-side cribs manufactured between 1995-2005 need safety pegs that consumers may have lost during reassembly. Additionally, another 600,000 cribs have spring legs that can become worn out after several uses.

In one of the infant’s death circumstances, there was no safety peg and when the crib’s side detached, a gap was left and the infant got stuck in the gap. In the second death, the infant died by suffocation when a spring peg failed to lock and the side detached.

If you or a loved one has been injured or killed by a defective product in Philadelphia, please contact the experienced attorneys at Pomerantz Perlberger & Lewis, LLP today.

A blown tire caused a tractor-trailer full of trash to roll over and dump its cargo along the side of Interstate 86 in New York. State police state the truck, driven by James Atkins, 42, of Niagara Falls, was traveling west on the interstate when the driver experienced a front-right tire failure approximately one mile from the Almond exit. He lost control of the rig and swerved off the roadway along the shoulder, damaging several sections of guide wire. The truck traveled up a steep embankment, lost speed and rolled over on its side eventually.

The driver was transported to a local hospital for minor injuries. The truck was hauling a full load of household garbage from New York City to the Hyland Facilities Associates landfill in Angelica, according to the police.

If you or a loved one has been injured or killed in a truck accident in Philadelphia or anywhere in Pennsylvania, please contact the experienced truck accident lawyers at Pomerantz Perlberger & Lewis today to schedule your initial consultation.

Accutane (generic isotretinoin), a controversial drug used to treat severe acne, has long been associated with high rates of depression among users. Now, researchers in Britain and the United States believe they have discovered the cause for this Accutane side effect. It seems that Accutane decreases serotonin levels in the brain, which, in turn, can lead to depression and even aggressive behavior.

Introduced in 1982, Accutane has been the subject of controversy for years. It has been associated with psychiatric problems and has been linked to at least 266 cases of suicide in the United States. In addition to its connection with depression, the drug has been associated with myriad other serious side effects. It first garnered attention in the late 1980s for causing severe birth defects. Accutane has also been linked to problems of the liver, kidneys, digestive tract, central nervous system, and pancreas, as well as the cardiovascular, musculoskeletal and auto-immune systems.

Earlier this year, scientists from the University of Bath in conjunction with the University of Texas at Austin conducted experiments on mice that showed that Accutane made the mice behave in ways comparable to depression in humans. Now, in an article published in the journal Experimental Biology and Medicine, those same scientists have revealed a potential mechanism that might link Accutane to reported cases of depression in some patients taking the medication. Using cells cultured in a laboratory, the researchers monitored the effect of Accutane on the chemistry of the cells that produce serotonin. The researchers now say that Accutane could be disrupting the process by which serotonin relays signals between neurons in the brain.

Serotonin is a hormone found in the pineal gland, blood platelets, the digestive tract, and the brain. Serotonin acts both as a chemical messenger that transmits nerve signals between nerve cells and that causes blood vessels to narrow. Changes in the serotonin levels in the brain can alter the mood, and low levels of serotonin have been linked to depression, as well as bipolar disorder and anxiety disorders.
The link between low serotonin levels and Accutane use is further confirmation that this drug causes psychiatric problems – something that has been known for quite a long time. In fact, the manufacture of Accutane, Roche AG, knew about these problems long before they were made public.

A 2004 USA Today article reported that, in the mid-1990s, contrary to advice from its own doctors, Roche executives chose not to issue stronger warnings about Accutane’s depression risks. According to the article, Roche decided against the warnings after its marketing department expressed concern that doing so would hurt sales. At the time, Accutane was one of Roche’s top-selling medications, bringing in more than $1.2 million every year. In 1999, in the face of mounting evidence, the Food & Drug Administration finally required Roche to include a suicide warning on the Accutane package insert.

If you or a loved one has suffered from taking a dangerous drug or from using a defective product in Philadelphia or anywhere in Pennsylvania, please contact the product liability attorneys at Pomerantz Perlberger & Lewis today to schedule an initial consultation.