Posts Tagged ‘Product Liability’

Avastin Breast Cancer Approval Withdrawn

Wednesday, November 30th, 2011

avastin 300x231 Avastin Breast Cancer Approval WithdrawnThis week, the federal Food and Drug Administration announced its withdrawal of approval for Avastin, a commonly-used breast cancer drug.

Avastin, the trade name for the drug bevacizumab, is one of a class of drugs known as “biological therapy.” The drug is a product of Genentech, a biotechnology company based in San Francisco, California.

Avastin is designed to inhibit or prevent the growth of blood vessels which feed cancerous tumors, thus inhibiting or even reversing the growth of the tumors themselves. The drug itself is an antibody, which binds to a specific protein known as vascular endothelial growth factor A. This protein is important in blood vessel growth and development in the human body.

The drug thus works through a process known as anti-angiongenesis. Cancerous tumors over-produce VEGF, which then works to form blood vessels connecting to the tumor, so that the tumor can receive nourishment and grow. The process was developed by Judah Folkman, a recently-deceased surgeon with Harvard Medical School.

Although the process took a long time to gain credence, there are now at least 10 drugs utilizing anti-angiongenesis sold in the United States, and industry reports reveal that roughly 50 more such drugs are in the development pipeline.

The FDA’s revocation does not extend to Avastin’s other approved uses. The drug is still approved for the treatment of metastatic colorectal cancer, advanced non-small-cell lung cancers, gliobastoma which has spread even after prior treatments, and certain metastatic kidney cancers.

The FDA’s decision to revoke Avastin’s approval for breast-cancer treatment is based upon what is, to our drug injury attorneys, a particularly troubling combination: lack of effect and dangerous side effects.

First, the drug in fact has no effect on breast cancer. Despite some initial slowing of the growth of breast cancer tumors, patients treated with Avastin did not have an increased survival rate, or live longer, than patients not treated.

Second, the drug triggers a number of extremely serious side effects.

Indeed, roughly 1% of Avastin patients died not from breast cancer, but from side effects of Avastin. These side effects include (among others) heart attacks, strokes, and congestive heart failure.

Moreover, the company was hardly unaware of the concerns which triggered the removal of approval, even as it continued to market and sell the drug as a breast cancer treatment. Even from the early days of the drug’s approval, there were many questions concerning whether the drug had any meaningful effect on breast cancers. In fact, when the drug was approved, it was despite the 5-to-4 recommendation against approval by an advisory panel. Although the FDA considers the recommendations of its independent advisory panels, it is not bound to do so.

Studies since have simply confirmed what many researchers were already saying: Avastin does not improve patients’ chances of survival, or prolong patients’ lives.

The move to revoke the approval began in July of 2010, when a second advisory panel recommended withdrawal based on further studies showing no benefit. But it took until December of 2010 for the FDA to take any action to begin the withdrawal – action that was fiercely challenged by Genentech. Yet another advisory panel conferred, and took testimony on the matter for two days, eventually voting unanimously to revoke the approval – a vote which did not occur until June of this year.

Our personal injury attorneys are appalled that, even with the overwhelming evidence that Avastin was costing lives, not saving or prolonging them, the company continued to actively market and sell this drug, under the FDA’s approval. There is no excuse for a bureaucratic process lasting nearly a year and a half before this confirmed dangerous drug could be withdrawn.

If you have any questions about a possible serious injury or wrongful death claim, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

share save 171 16 Avastin Breast Cancer Approval Withdrawn

Dangerous Nurofen Plus Tablets Recalled

Tuesday, September 20th, 2011

NuforenPlus 300x174 Dangerous Nurofen Plus Tablets RecalledRecently, regulators in Great Britain issued a safety alert after finding packets of Nurofen Plus, an over-the-counter painkiller, containing the anti-psychotic prescription drug Seroquel XL instead. After additional packs were found, from other batches, containing both Seroquel XL and Neurontin, an anti-seizure prescription medication, the manufacturer issued a recall of all outstanding unsold packets of Nurofen Plus.

Nurofen Plus contains a combination of codeine and ibuprofen. Its availability in the U.S. varies by state – in some places it requires a prescription, while in others it can be obtained over-the-counter with identification, as with pseudoephedrine.

Seroquel XL, by contrast, is the brand name for the drug Quetiapine, a powerful anti-psychotic with extreme side effects. The drug is used to treat schizophrenia, bipolar disorder, or “off-label” for a host of other psychiatric conditions.

Known side effects include circulatory problems, somnolence, sluggishness, fatigue, dry mouth, sore throat, dizziness, abdominal pain, constipation, upset stomach, orthostatic hypotension, inflammation in the sinuses or pharynx, increased appetite, and weight gain. There is also some data suggesting that Seroquel XL may cause cataracts. Prolonged used can also result in tardive dyskinesia, a neurological condition with no known cure or, in rare cases, neuroleptic malignant syndrome. Neurontin is known to cause a similar array of side effects.

It is still not known how this packaging mix-up occurred. Indeed, the medicines involved look nothing like one another, and all three drugs are manufactured by different companies. There have been a number of suggestions, ranging from manufacturer negligence to deliberate tampering by the company’s opponents, but nothing is yet proven. It is thus unknown whether there might be any legal liability associated with this mishap.

Although the company has recalled all unsold batches, there is as yet no indication as to whether any mispackaged batches were shipped to or sold in the United States. We therefore urge any customers with Nurofen Plus to carefully check all the pills in their package to ensure that the medication is correct. If a mispackaged pill is found, contact the company, and the FDA, immediately

Many physicians have stated that taking a single dose of Seroquel XL would not be dangerous. Our drug injury attorneys are not so sure.

First and foremost, a patient who does not expect the severe drowsiness associated with a first dose of Seroquel XL could get behind the wheel or operate other heavy machinery, leading to fatal or disastrous results. Further, there is the very real possibility of harmful drug interactions.

Seroquel XL, like many anti-psychotics, is thought to lower the seizure threshold in patients, who are thus advised to avoid bupropion and other drugs which do likewise. Similarly, Seroquel XL, when used in combination with alcohol, or when the patient tries to fight the sedative effect of the drug instead of going to sleep, can trigger sleep paralysis, lucid dreaming, hallucinations, and out of body experiences

Mercifully, thus far there have been no reports of injuries or deaths from the packaging problem. Our Chicago  injury attorneys hope that this continues, but urge all consumers to be beyond cautious with any recently-purchased packages of Nurofen Plus. Although lawsuits can bring compensation for your injuries, there is no substitute for staying safe.

To speak with an experienced trial attorney with Passen Law Group about an injury caused by a dangerous drug or for some other serious injury matter, call us at (312) 527-4500 or fill out a free case evaluation on our website.

share save 171 16 Dangerous Nurofen Plus Tablets Recalled

Food Safety Whistleblowers Now Protected

Thursday, April 14th, 2011

In light of the recent, and ongoing, spate of recalls of food products, many have been left wondering: “How could this happen?  How can contaminated food be allowed into stores and homes?  Was there no one to speak out?”

Our Chicago personal injury lawyers are well acquainted with how dangerous foods and products make their way into the stream of commerce, and into consumers’ homes. Government oversight, unfortunately, offers little to no protection – government agencies, from the Food and Drug Administration to the Consumer Product Safety Commission, are woefully underfunded and understaffed. Random and rare “spot checking” of safety and compliance with regulations simply has no chance of truly protecting against dangerous products.

That danger is compounded when those who have the ability to detect the problems at the source are too afraid of the consequences to themselves to speak out and warn the government and the public.  Workers who notice dangerous or unsanitary conditions in plants have a choice to make:  speak out, and protect nameless, faceless others from potential danger, or stay quiet and keep their jobs.  While we would all love to see workers choose to speak out, it is unsurprising that, faced with the loss of livelihood and the ability to support their families, many do not.

That’s why our products liability attorneys are so pleased with the new whistleblower provisions in the recently-passed Federal Food Safety and Modernization Act.  Most of the press surrounding this new legislation has focused on the Act’s provisions attempting to minimize the risk of foodborne illness (such as salmonella), streamlining food recalls, and easing the burden of tracing contamination outbreaks.  But we believe that the new whistleblower provisions of the Act will prove to be the most significant, and the most beneficial to public health and safety.

The new provisions apply to all workers at FDA-regulated food companies.  Under the Act, these workers cannot be fired, demoted, or even denied a raise or a promotion if they speak up about food safety violations. And the process set up for enforcing the Act’s whistleblower provisions are themselves protective (like many such employment laws):  workers need only prove that they made a complaint prior to the challenged actions by the company, and the burden then shifts to the employer to  demonstrate that it would have taken the action anyway.

Our injury and wrongful death attorneys are disappointed, however, at the limited scope of the Act’s whistleblower provisions.  Because the Act applies only to FDA-regulated companies, the critical meatpacking and poultry industries (among others) are left unprotected. The bill’s sponsors have indicated that they intend to introduce new legislation expanding the whistleblower protections to these areas.  We urge them to do so, and swiftly.  While some protection is better than none, we believe that whistleblower protection in all aspects of the American food supply chain is absolutely necessary and critical.

Those who doubt the need for such protections need only look as far as the case of Kenneth Kendrick, the Peanut Corp. of America worker who went public in 2009 with information about conditions at the company’s Texas plaint, including rat infestations and bird droppings in the peanut products.  It is worth noting that, even before the fatal salmonella outbreak emanating from the plant, Kendrick had emailed the FDA about these issues – and received no response, and triggered no corrective action.

As a result of his decision to speak out, Kendrick was fired from his subsequent employment at another FDA-regulated company.  Once a professional, Kendrick has since been unable to find work other than menial labor.  If the new Act had been in place, Kendrick would have been protected.

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

share save 171 16 Food Safety Whistleblowers Now Protected