Consequently, some people who switch from a name brand to a generic drug experience what doctors term a “therapeutic failure.” What this means is that while the name brand drug worked to control the patient’s condition, the generic version does not.  Patients may also experience new or different side effects.  Hardly chemically identical.

Poor Quality Control

So, how are dangerous generic drugs getting into the American marketplace? One problem is that  manufacturers are using raw materials from China, India, and other areas where quality assurance is not strict. It is worth noting that many over-the-counter medicines, such as ibuprofen and acetaminophen, are currently being imported from these same areas. In the opinion of our Chicago injury attorneys, it is only a matter of time before a major safety incident occurs with these products, as well.

But why doesn’t the FDA stop these problems? The simple answer is that the FDA is dramatically underfunded and understaffed to confront the task before it. The FDA pulls and tests only about 300 doses of prescription medication each year. This means that only about one in ten million doses are inspected each year. And, although the FDA is supposed to inspect the facilities where drugs are manufactured at least once every two years, due to the lack of adequate resources, in fact some drug companies have only one plant inspected every four years. And only 200 plants have been inspected in China and India in the last seven years.

Risks of Generic Drugs

The risks of generic medications are hardly academic. The next year will bring a rash of new generic medications on the market, as the patents expire on a number of the biggest drugs in America. In fact, 7 of the top 20 best-selling international medications have patents expiring in the next 14 months. This includes Lipitor, a commonly-prescribed anti-cholesterol medication, and Plavix, a commonly-prescribed blood thinner.

Also included are common medications for asthma, diabetes, depression, HIV, blood pressure, and bipolar disorder. In the next four years, drugs which account for around $255 billion in annual international sales have expiring patents.  In fact, Blue Cross Blue Shield estimates that up to fifteen percent of the American population is currently taking a medicine with a patent expiring in the next few years.

And the problems with generic safety will only get worse, thanks to a recent ruling from the U.S. Supreme Court. In this year’s term, the Court ruled that generic drugs are required to do nothing more on their labels than mirror the labels of the name-brand drugs. This decision, in Pliva v. Mensing, provides extensive protection for generic drug manufacturers, but none for innocent patients. In effect, the decision means that even when there are indications that a generic version of a drug causes catastrophic or fatal side effects not present in the name brand, up to and including kidney failure, the drug manufacturer need not provide a warning to those who take the drug.

In fact, the Court ruled that even if state consumer protection laws would require the drug maker to provide a warning, federal law preempts those state requirements and in fact mandates that the drugmaker not provide a warning, if that warning is not present on the name-brand label.

Our serious injury attorneys are more than troubled at this state of affairs. The lack of warning labels is by no means the only type of legal claim available to the victims of generic drugs. And as the legal responsibilities of the manufacturers of generic drugs continue to develop, we hope that the legal redress for those injured by these dangerous drugs will become easier to access. In the meantime, we urge consumers to take care when using generic drugs, and to weigh the risks carefully before choosing these products.

Stephen M. Passen of Passen Law Group has over 30 years representing individuals against large corporations in serious personal injury and wrongful death cases.  To speak with one of our top-rated injury attorneys, call us at (312) 527-4500 or email us at info@passenlaw.com.

There are three basic means available to residents and their guardians seeking to correct or redress a violation of the Illinois Nursing Home Care Act.  These are the ombudsman process, complaints to the Illinois Department of Public Health, and private civil lawsuits.  Each means of seeking relief works in a different way, and provides a different form of relief – but all three are a way of stopping ongoing violations of the Act.

The first option available for redress is filing a complaint with the long-term care ombudsman, a program operated by the Illinois Department on Aging.  The ombudsman is legally obligated to investigate every complaint received from a resident or her representative, and must resolve all complaints.   The ombudsman also has the authority to act on behalf of a complainant, and to attempt to persuade facilities to voluntarily comply with the act’s requirements.  If these efforts are unsuccessful, the ombudsman can assist the resident or representative in filing a complaint with the Illinois Department of Public Health.

The second option for seeking redress is filing a complaint with the Illinois Department of Public Health.  Anyone may file a complaint with the IDPH – residents, their representatives, or anyone else who has reason to believe that a long-term care facility is violating the Act.  Complaints may be made anonymously (although anonymous complainants cannot receive notice of the resolution of the complaint).  Complaints related to discharge or transfer – an appeal of a notice of transfer or discharge from the facility – must be filed within 10 days of the notice itself.  If you have received a notice of transfer or discharge which you wish to contest, it is critical that you contact the department or an experienced elder care attorney as soon as possible.

Although the IDPH is prohibited from revealing the identity of complainants without their written permission, there are exceptions if the department needs to file a court case against the violators, or if revealing the complainant’s name is “essential to the investigation.”  Long-term care facilities may not retaliate against a complainant, or any individual who provides information to the IDPH in connection with an investigation.  This means that these facilities cannot legally fire, transfer, discharge, evict, or harass you if you choose to file or assist in a complaint to IDPH.

Like the long-term care ombudsman, the IDPH conducts an investigation into each complaint received.
For most complaints, the department has up to 30 days to complete an investigation.  In the case of complaints involving abuse or neglect, however, the IDPH is required to complete its investigation within one week.

If the IDPH concludes that the facility is violating the Act, it then send a notice of that violation to the facility itself.  The IDPH can then fine the facility, or impose other penalties.  If the violation is severe, the IDPH can revoke the facility’s license.  Regardless of the outcome of the investigation, both the facility and the complainant (if he provides his name) will be informed of the results.

If you wish to appeal the department’s decision, you may do so, provided you meet the applicable deadlines and you follow the correct procedures.  If you wish to appeal an IDPH decision, an experienced nursing home injury attorney can help you navigate this procedure to ensure that you do not forfeit your rights.

The third, and most important way to seek relief for serious injuries or death caused by negligence at a nursing home is to file a civil lawsuit.  A top injury attorney can help you to navigate this process.  For either level of prosecution, it is important to act quickly to avoid missing important deadlines and losing your right to proceed.

You need not wait to file a civil action – indeed, you may file a court case in addition to filing a complaint with the IDPH, or instead of filing a complaint with the IDPH.  This is another option available for seeking redress.  As with complaints to the IDPH, long-term care facilities may not retaliate against anyone who files a civil action, or provides evidence in connection with such a lawsuit.

Unlike the ombudsman or the IDPH, however, a judge or jury in a civil lawsuit can order the facility to pay you money damages to compensate you and your family for any harm you suffered as a result of the violations of the Act.  If a violation is found, the judge will also order the facility to pay your court costs, and the fees you paid to your attorney, and can enter a court order requiring the facility to abide by the requirements of the Act.  Resolution of a civil case, however, can take substantially longer than a complaint.

Each of the three options for redress under the Act has benefits, and drawbacks – so each violation and each situation warrants a unique, targeted strategy for seeking relief.  If you believe that a long-term care facility has violated your rights or those of a loved one, a top nursing home injury attorney can help you to decide how best to proceed, and to navigate the requirements of whichever path you choose.

For a free consultation with an experienced Chicago injury lawyer at Passen Law Group, call us at (312) 527-4500.

Litigation financing can come from many sources – specialized companies, large and small banks, private investors, and hedge funds.  And the funds are available for all kinds of cases, from medical malpractice claims, to class action lawsuits, even divorce cases.

As one example, a subsidiary of Citigroup recently provided financing for the well-known “911″ litigation on behalf of the workers injured or killed at Ground Zero.  As most people are now aware, that litigation was settled (pending final approvals) for over $700 million this past summer.  Eleven million dollars from that settlement will be returned to the financiers.

But far more common is the financing of more everyday cases.  For example, financing from a hedge fund may enable parents whose infant suffered a brain injury during birth to obtain justice.  Without litigation financing, those parents may be unable to pursue their case and obtain the compensation they needed to deal with their child’s condition, and the physician whose negligence caused that condition would have faced no consequences.

Litigation financing is becoming more prevalent as the cost of litigation continues to rise.  The cost of pursuing a personal injury lawsuit, especially highly technical cases of medical malpractice, product liability or construction negligence, can be several hundreds of thousands of dollars.

It is for exactly this reason that corporate interests oppose litigation financing.  Making money available to fund lawsuits means that innocent victims will be allowed their day in court.  This is bad news for those corporations or entities who make their money by abusing the public trust.   Our top Chicago accident lawyers are committed to pursuing justice for those seriously injured or killed by the negligence of another, regardless of the costs involved.

Indeed, because of Passen Law Group’s longstanding record of success, our attorneys have the resources to finance all of our cases ourselves.  In other words, we have never had to borrow money from litigation financing companies to fund our cases.  This is beneficial for our clients, because they are not charged any additional expenses of interest on money borrowed from these firms.

Nonetheless, experts believe that litigation funding is having a positive impact.  The Center for Public Integrity, together with the New York Times, conducted an investigation into litigation financing.  Their conclusion?  Litigation financing is leveling the playing field.  Thanks to this financing, litigation is increasingly becoming less about which party has greater resources, and more about the merits of the cases and claims.

Still, our Chicago personal injury attorneys urge our clients to think carefully about whether to accept litigation financing.  Interest rates on such loans are often high, reaching 15% or more per year.  Therefore, clients should ask whether their attorneys will finance their case themselves, such as the attorneys at Passen Law Group, or whether they will accept financing, and at what cost to the client?

For a free consultation with an experienced injury and wrongful death lawyer at Passen Law Group, call us at (312) 527-4500.