Lawsuit Alleges Military Ignored Sexual Assault Claims

February 24th, 2011

Fourteen current and former members of the U.S. military have filed suit against the Pentagon, alleging that their reports of sexual harassment, assault and rape by other service members were ignored. The alleged incidents occurred worldwide, including in war zones.

The lawsuit is meant to bring attention to a rise in complaints of sexual abuse in the military. Reports of such incidents were up 11 percent, to 3,230, in fiscal year 2009, and Pentagon officials admit that many cases are not reported. Furthermore, just 25 percent of the sexual abuse cases reported in the military result in prosecutions.

The complaint alleges the Pentagon has failed to ensure adequate investigations of those accused of sexual abuse, and to prevent retaliation against those who file complaints. Current Defense Secretary Robert Gates as well as his predecessor Donald Rumsfeld are both named in the suit.

Sexual abuse and assault fall under criminal law and are serious crimes that should be reported to the proper authorities. Information on filing a civil lawsuit can be obtained by contacting a lawyer specializing in such cases. For information on employment-related issues such as workplace harassment, employment discrimination and wrongful termination, visit the employment law section of Your Legal Guide.

Cardiovascular Risks Added to Avandia Labeling

February 3rd, 2011

The U.S. Food and Drug Administration announced today that information regarding cardiovascular risks has been added to the labeling of the diabetes drug Avandia (rosiglitazone). The changes apply both to the patient Medication Guide and physician labeling.

In September of 2010 the FDA announced that it would restrict the use of the drug to those patients with Type 2 diabetes who were unable to control their disease with other drugs. The move came in response to data showing the drug posed an increased risk of cardiovascular events, including heart attack, in patients taking Avandia.

Thousands of lawsuits relating to Avandia have been filed in recent years. For more information on these and other defective drug lawsuits relating to drugs such as Actos, Levaquin and Cipro, visit Your Legal Guide’s pages focusing on these drugs. Your Legal Guide also contains information on wrongful death lawsuits, including those involving defective drug deaths.

AT&T Sued for Overcharging Customers

February 2nd, 2011

Telecommunications giant AT&T is being sued for allegedly overcharging iPhone users to the tune of millions. The class-action lawsuit, filed last Thursday in the Northern District of California, alleges the company has been overstating data downloads by 7 to 14 percent, leading to excessive charges for those customers who aren’t signed up for the iPhone’s unlimited data plan.

The suit also accuses AT&T of charging customers for “phantom” downloads, or downloads that never occurred. The company is even alleged to have charged consumers for downloads taking place when the Internet connection was off.

The lawsuit accuses AT&T of breaking federal and state consumer protection laws, stating that the company committed “unlawful, unfair and fraudulent business practices.”

For more information on consumer fraud protection laws, visit Your Legal Guide’s section devoted to this topic. Your Legal Guide also provides background information on a variety of other legal topics, from family law-related issues such as divorce and paternity to car accident lawsuits and DUI laws.

Genetic Screening Outlawed by Federal Law

January 13th, 2011

Federal legislation aimed at preventing employment discrimination based on genetic information went into effect Monday. The Genetic Information Nondiscrimination Act will prohibit employers and insurers from using genetic information when making decisions regarding an employee or potential employee. The law applies to companies with 15 or more employees, as well as labor unions and other organizations and programs.

Support for such legislation gained momentum in recent years as genetic research led to discoveries that have allowed people to determine their odds of developing certain conditions, some of which can be very expensive to treat. This, in turn, led to fear that disclosure of this information might lead to abuse on the part of insurers and employers. Patient and consumer advocates expressed concern, for example, that hiring decisions could be made based on a potential candidate’s genetic predisposition to developing diseases such as breast cancer and cystic fibrosis.

Thus far, few employment discrimination or wrongful termination lawsuits relating to genetic information have been filed. More information on employment law can be obtained by visiting Your Legal Guide’s section devoted to this area of law, including articles on topics such as workplace harassment and workplace safety.

Mesothelioma Underreported, Report Says

January 6th, 2011

Worldwide, one case of malignant mesothelioma goes unreported for every four to five that are reported. This according to a pre-released online report in Environmental Health Perspectives (EHP), a publication of the National Institute of Environmental Health Sciences, National Institutes of Health, U.S. Department of Health and Human Services.

Mesothelioma is always fatal, and deaths resulting from mesothelioma are often more accurately reported than cases of the disease. Accordingly, the authors of the study examined mesothelioma deaths rather than cases. To assess the number of deaths between 1994 and 2008, they looked at how much asbestos was used in 89 countries in prior decades. Mesothelioma develops 20-50 years after peak exposure.

In the 56 countries for which data was available, 174,300 deaths occurred from 1994 to 2008. By extrapolating they estimated that 38,900 cases of mesothelioma may have occurred in the countries for which data was not available.

Authors of the report, “Global Magnitude of Reported and Unreported Mesothelioma,” hope that their findings will encourage governments to ban the mining, use and export of asbestos. Moreover, they suggest that developed nations should share their expertise and technology with lesser-developed countries, a gesture they say would help with mesothelioma diagnosis and management in these countries.

Those suffering from mesothelioma can read more about this devastating disease by visiting YourLegalGuide.com’s section devoted to this topic. Family members of patients who died as a result of mesothelioma can learn about their legal remedies by reading our article on toxic exposure  deaths, which contains a wealth of information on lawsuits related to such deaths.

AngioScore, Inc., Recalls Defective AngioSculpt PTA Scoring Balloon Catheter

January 5th, 2011

The Food and Drug Administration (FDA) announced today the recall of a defective medical device used to “dilatate,” or enlarge, arterial lesions during certain surgeries. The product’s manufacturer, AngioScore, Inc., issued the recall after discovering a design defect that may lead to peeling of the bond and/or detachment of part of the instrument. These events could potentially lead to serious arterial injury causing death, or necessitate further surgery.

The AngioScore recall, which affects more than 17,000 units, involves the Angiosculpt Percutaneous Transluminal Angioplasty Scoring Balloon Catheter; OTW 0.018 Platform (multiple sizes), lot codes 2076-4020, 2076-5020, 2076-6020, 2092-6020 and 2105-6020. These devices are used for “dilatation of lesions in the iliac, femoral, ilia-femoral, popliteal, infra popliteal, and renal arteries, and for the treatment of obstructive lesions of native or synthetic arteriovenous dialysis fistulae,” according to the recall notice. AngioScore has advised its customers to immediately suspend use of the instruments, check their inventory and quarantine all affected units.

Class I recalls are the most serious recall issued by the FDA. This type of recall is reserved for medical devices and drugs that pose an immediate risk of injury or death to patients. Any harm caused by a defective drug or medical device may be grounds for a personal injury lawsuit. An adverse medical event or death caused by a defective product may also be grounds for a defective product wrongful death lawsuit.

For more information on defective medical device lawsuits, contact a personal injury lawyer or visit YourLegalGuide.com’s section focusing on this subject.

Consumer Bankruptcy Filings Reach 5-Year High

January 4th, 2011

Consumer bankruptcy filings reached a five-year high in 2010 and could continue to rise as consumers grapple with their debts, according to a report released Monday.

Using data from the National Bankruptcy Research Center, the American Bankruptcy Institute determined that 1.53 million bankruptcy petitions were filed in 2010, up from 1.41 million in 2009. This is the highest number of bankruptcies since the 2.04 million filed in 2005, when consumers hastened to file before stricter bankruptcy rules went into effect. The rise in bankruptcies comes as the economy continues to struggle and unemployment figures remain high.

Many people facing the possibility of bankruptcy seek the services of bankruptcy lawyers. Most consumers file for Chapter 7 bankruptcy. More information on bankruptcy laws, including important changes resulting from the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), can be found at Your Legal Guide.

Prostate Cancer Drugs That May Cause Sudden Death Now Require Warning Labels

November 8th, 2010

This year an estimated 32,050 men will die from prostate cancer and more than 200,000 men will be diagnosed with the disease, according to the Centers for Disease Control. Prostate cancer is the second most common type of cancer among men in the U.S. after skin cancer.

Prostate cancer drugs that can cause heart attack, stroke, diabetes and even sudden death must now carry labels to warn patients of their potential risks, according to a new U.S. Food and Drug Administration rule.

In May, the FDA first announced the drugs’ links to the health problems, saying patients taking gonadotropin-releasing hormone (GnRH) agonists were at a small increased risk for the health complications.

“I think this was long due,” said Dr. David Samadi, vice chair of Urology at Mount Sinai School of Medicine in New York City. “A lot of times the risks [of taking the medication] outweigh the benefit; as more and more patients read about side effects, they will choose surgery over radiation.”

Not only are the drugs bad especially for men with heart problems, but they induce symptoms of “male menopause,” he said, causing depression, fatigue and weight gain. These changes occur naturally as men age and their testosterone drops, but the drugs bring them on sooner, he said.

However, in very serious prostate cancer, the drugs still work wonders, said Dr. Ana Aparicio, an assistant medical oncology professor at the University of Texas’ M.D. Anderson Cancer Center.

“These drugs are extremely effective for treating this disease, and in all do make people feel better,” Aparicio said.

Visit www.YourLegalGuide.com for more information on the laws and proceedings connected to defective drugs and wrongful death. You can easily locate a personal injury lawyer to answer any further questions. YourLegalGuide.com is also an excellent resource for toxic exposure, specifically asbestosis.

Medtronic Announces Massive Settlement

October 19th, 2010

Medical device manufacturer Medtronic announced Monday a massive settlement involving its Sprint Fidelis defibrillator leads. The implantable medical device wires had been the subject of thousands of product liability lawsuits, followed by intense media attention after the suits were dismissed by Minneapolis federal district court judge Richard Kyle. In dismissing the lawsuits Kyle cited the recent Supreme Court ruling in Riegel v. Medtronic, which precluded plaintiffs’ lawyers from filing lawsuits against manufacturers of certain types of FDA-approved medical devices, including Medtronic’s Sprint Fidelis leads. Lawyers appealed Kyle’s ruling, and rather than wait for the appellate court’s decision, Medtronic opted to settle out of court for an astounding $268 million.

Medtronic’s Sprint Fidelis leads were recalled in 2007 after numerous reports of dangerous cracks. According to the company, the cracks were responsible for at least 13 deaths. Cracks in medical device leads can prevent the device from functioning properly. The devices in question are designed to deliver electric shocks to the heart when it is beating improperly, and the cracks may have prevented them from doing so and/or caused them to deliver unneeded shocks.

Consumers interested in learning more should contact a lawyer specializing in product liability and defective medical device lawsuits. For background information, readers are encouraged to visit Your Legal Guide’s section devoted to Medtronic lawsuits and defective medical devices. Scores of lawsuits involving Medtronic ICDs and Medtronic pacemakers have also been filed in recent years.

FDA Orders Changes to Bisphosphonate Labels

October 13th, 2010

The U.S. Food and Drug Administration (FDA) has announced that additional information will be added to the labels of the following bisphosphonate drugs prescribed to patients with osteoporosis: Fosamax, Fosamax Plus D, Actonel, Actonel with Calcium, Boniva, Atelvia, Reclast, and their generic counterparts. The information in question will warn consumers of the risk of atypical thigh fractures (subtrochanteric and diaphyseal femur fractures) in patients taking bisphosphonates.

Subtrochanteric femur fractures occur within the bone, directly below the hip joint. Diaphyseal femur fractures are located along the length of the thigh bone. Both are extremely rare – together they account for less than 1 percent of all hip and femur fractures.

The FDA recommends that patients continue taking their prescribed medications unless they are advised to stop by their doctors. Patients who experience side effects or adverse events as a result of taking bisphosphonates should contact their physicians, as well as the FDA MedWatch Safety Information and Adverse Event Reporting Program at 1-800-332-1088.

Drug manufacturers are responsible for ensuring that their products are safe. Injuries caused by defective drugs may be grounds for a personal injury lawsuit. For more information visit Your Legal Guide’s section on defective drugs. Your Legal Guide also features extensive information on other areas of law such as family law, DUI and bankruptcy.