Lawsuit Information Center

March 30, 2015

Antibiotics and Nerve Damage | Avelox, Cipro, Levaquin

I recently heard that if we all keep taking antibiotics we will be responsible for creating the “superbug.” The theory is that since the advent of antibiotics nearly a century ago, we have caused bacteria to become so resilient that normal antibiotics will be ineffective in the not so far future. Incurable infection and bacteria will purportedly run rampant through the streets, and I can only assume that our society and landscape will be a barren wasteland similar to that of Mad Max. Ok, maybe not that last part, but there’s no denying that there has been a serious proliferation of antibiotics. While these have revolutionized medicine and generally increased health on the whole, there are complications that can arise unrelated to the infections that antibiotics are prescribed to treat.

Recently, a group of antibiotics referred to as “fluoroquinolones” has been linked to permanent nerve damage. The risk is real, and the side effect is referred to as peripheral neuropathy.

January 6, 2015

Benicar, Azor, and Tribenzor Lawsuits Continue

by Ronald V. Miller, Jr.

Much has been said and written about Benicar and its sprue-like enteropathy side effects, symptoms very much like that of celiac disease. Less has been said about two other Daiichi Sankyo manufactured medications, Azor and Tribenzor, though lawsuits are on the rise.

In November, an Iowa woman and her husband filed suit against the Japanese pharmaceutical company Daiichi Sankyo Inc., claiming that after being prescribed Azor in January 2011, she continued to take the hypertension medication as directed for some time. During this time, the Plaintiff suffered several injuries, including sprue-like enteropathy “with severe, chronic diarrhea resulting in substantial weight loss and malnutrition…” sustaining severe and permanent personal injuries in addition to constant pain and suffering.

This post was written in 2015, but portions have been updated in 2024 to explain the history of the litigation and how it turned out.

October 3, 2014

Viagra and Vision Side Effects

by Ronald V. Miller, Jr.

Recently, we told you that new studies are reporting that men who have used Viagra for ED had a significantly elevated risk of melanoma. New studies prove there’s yet a new concern.

One of the most well-recognized brand-name medications, Viagra is used to treat erectile dysfunction (ED) by relaxing muscles and increasing blood flow to particular areas of the body. New research has indicated that approximately one out of every 50 men who have used Viagra may experience visual disturbances. These disturbances can include blurred vision, sensitivity to light, and even total blindness.

Researchers are now reporting that Viagra may not be suitable for men who carry a gene mutation associated with the inherited eye condition, retinitis pigmentosa. Retinitis pigmentosa is a hereditary condition that causes progressive loss of light reception and the outer fields of vision, leading to tunnel vision and blindness. As temporary visual disturbances have been reported by some people after taking sildenafil, a study investigating the effects on the retina of mice was conducted.

June 3, 2014

Viagra and Melanoma | Is there a Link?

by Ronald V. Miller, Jr.

If you want an erection, Viagra seems to work. Over 23 million men a year can’t be wrong. It is easy to joke about, but it is obviously a great thing for many men. But for the last 16 years since Viagra received FDA approval in 1998, we have been trying to figure out what side effects Viagra has. Because people have a right to balance their desire to keep an erection – and also consider the other drugs they might use – and the medication’s side effects. We have heard lots of discussion of vision-threatening complications and hearing loss. Now there is a new deadly concern: melanoma.

Sildenafil citratre, more commonly known as Viagra, is used to treat erectile dysfunction (ED) by relaxing muscles and increasing blood flow to particular areas of the body. Now, in a study recently published online in JAMA Medicine, it has been reported that men who have used Viagra for ED had a significantly elevated risk of melanoma. Melanoma, the most dangerous type of skin cancer, is the leading cause of death from skin disease. While melanoma accounts for less than 2% of skin cancer cases each year, it makes up the majority of skin cancer fatalities.

The study, involving researchers from Harvard and Brown Universities, compared the medical charts of 26,000 men to see if cancer rates differed among those who took Viagra and those who did not. The study revealed that men who had taken Viagra for erectile dysfunction had double the risk of developing melanoma than men who had not taken the drug.

May 5, 2014

Pennsylvania Statute of Repose Opinion | Bulebosh v. Flannery

by Ronald V. Miller, Jr.

Statutes of limitations can be very unfair. But as harsh as the SOL can be, a statute of repose can far more Draconian, closing the courthouse steps on cases where the victims did everything they could to bring a timely action.

What is a statute of repose? It is amazing how many tort lawyers do not know until they learn the hard way. A statute of repose provides a date certain by which a claim must be brought. In most states, there are no excuses. Unlike a statute of limitations, it often cannot be tolled by the date the injury should have been discovered.

I can’t deny there is a purpose to the statute of repose. The legislature wants to create some outer time limit where a claim is just too old to be pursued, no matter what. But some states have these short statutes of repose, seven years in Pennsylvania, and only five in Maryland for medical malpractice cases that are just unfair.

April 23, 2014

Morcellator Cancer Lawsuit | What Can We Expect?

by Ronald V. Miller, Jr.

Doctors are being discouraged from using morcellators

The FDA last week for the first time discouraged doctors from using morcellators when performing hysterectomies. The FDA also said morcellators should be avoided when removing uterine fibroids. The concern is that if there is cancerous tissue in the abdomen, it will hurt a patient’s chance of recovering from the cancer. In some cases, surgeons can be stirring up cancer that neither the doctor or the patient even knows exists. How real of a concern is that? The FDA says that 1 in 350 women who are undergoing a hysterectomy or myomectomy for fibroids have a uterine sarcoma, an unsuspected type of uterine cancer that can be deadly.

Uterine cancer and hair straighteners

What is a morcellator?

A morcellator is a surgical device that is used to divide and remove tissue masses during laparoscopic surgery. In a hysterectomy, the device divides the uterus. It is also frequently used to dissect uterine fibroids during myomectomies/fibroidectomies.

This surgical device cuts the tissue mass into pieces. The surgeon then pulls out the pieces through extremely small incisions. There is no question there is an upside to this technique. It is minimally invasive surgery which means no big scars, shorter recovery time, and less of the other risks that come with surgery.

So the FDA’s announcement is a major development. Morcellators are being used in massive numbers. It is used in tens of thousands of hysterectomies each year.

April 22, 2014

Two New Pennsylvania Appellate Nursing Opinions

by Ronald V. Miller, Jr.

Unfortunately, most courts around the country have enforced nursing home agreements executed by residents agreeing to forgo civil claims in favor of arbitration for negligence claims.

The game changes in wrongful death cases. Usually this is for a very simple reason: the parties have changed. Courts in Maryland and other jurisdictions have largely declined to enforce arbitration agreements between nursing homes and deceased residents because any wrongful death action is not an “asset” of the estate but a claim brought under the plaintiffs’ own right for the loss of their spouse or parent.

There are two new Pennsylvania nursing home cases that favor plaintiffs in these disputes.

Pisano v. Extendicare

In Pisano v. Extendicare Homes, a Pennsylvania intermediate court affirmed the trial court’s motion for summary judgment in a wrongful death and survival action filed against a nursing home. The nursing home attempted to compel arbitration over both causes of action based on the existence of an agreement to arbitrate all claims against the nursing home, expressly including survival and wrongful death actions. This was an issue of first impression in Pennsylvania.

The nursing home’s best argument in these cases, which they made in Pisano, is that a wrongful death claim is a derivative of and defined by the decedent’s rights. While it is their best argument, it is weak. The Pennsylvania court agreed using a lot of complicated legal analysis that can best be described as follows: the parties are different so it is not derivative.

April 10, 2014

More Stryker Rejuvenate Hip Replacement Settlements

by Ronald V. Miller, Jr.

Stryker hip settlements are being reached

Settlements are being reached in more Stryker Rejuvenate hip replacement cases filed in New Jersey state court. More resolutions of these cases are likely to be imminent.

The first phase, a group of 10 cases previously selected for early mediation, has resulted in the conclusion of all 10 cases. Additionally, at least two cases from the second phase have resolved. This is a harbinger of broad agreements on the remaining cases, not only for the 950 cases pending in New Jersey state court but also for the cases pending in the MDL class action.

What are the Stryker Claims About?

Stryker Rejuvenate hip systems were removed from the market less than two years after the design was introduced. While originally designed to last 15 to 20 years, they began to fail immediately. So that was the first problem. The second problem is that the Stryker initially did little to try to cure the problem.

What was the complication with this device? Consisting of modular neck-stems with two pieces that fit inside of each other, they were designed to allow the surgeon to customize the length of the femoral component. Traditional hip implants consisted of a single femoral component. So you can see how this was an innovation. Why did it so epically fail? What happened was the rubbing of the neck and stem can release microscopic metal debris into the body as the chromium-cobalt neck rubs against the titanium femoral stem. In simpler terms, the debris is caused by the micromotion of the metal joints rubbing in the artificial hip. That’s not a good sign – or, a good product.
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February 24, 2014

Uterine Rupture Malpractice Lawsuits | What You Need to Know

by Ronald V. Miller, Jr.

A doctor’s failure to properly handle uterine rupture symptoms during childbirth can lead to the death of the child, and injury or death to the mother. This article discusses these cases and addresses:

The acts of a physician that lead to vaginal rupture cases.
The types of accidents that lead to large settlements and verdicts.

January 2, 2014

SimplyThick Lawsuits | What You Need to Know

by Ronald V. Miller, Jr.

SimplyThick, LLC is facing over 20 different lawsuits from parents of children who have experienced serious injuries or death from the food-thickening agent. These lawsuits claim that the infants were severely ill and/or died after experiencing necrotizing enterocolitis (NEC).