A partner with Childers, Schlueter & Smith, LLC,, Brandon Smith has devoted his practice to pharmaceutical litigation, mass torts, products liability and serious personal injury. A frequent guest spea
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Legal
Numerous wrongful death lawsuits have been filed against Uptown’s Memorial Medical Center and some of it personnel in the aftermath of hurricane Katrina. According to reports, there is a current investigation concerning murder charges involving a doctor and two nurses. Two such suits have been filed
Legal
What is a 61-year-old woman’s right parotid gland worth? That is the question in a medical malpractice case before a Fulton County jury after a doctor and his hospital conducted 13 different radiation treatments on the wrong side of Dariel Hurt’s face. The parotid gland, which helps produce silva, i
FDA & Prescription Drugs
In New Orleans, Louisiana, Merck and Co. is defending its second federal trial involving the controversial pain killer Vioxx. The Plaintiff in this case is a retired FBI agent, Gerald Burns, who took Vioxx for approximately 32 months prior to his heart attack in August of 2002. The trial, which bega
FDA & Prescription Drugs
In December of 2005 the Food and Drug Administration, along with the makers of Paxil, Glaxo Smith Kline, issued an alert advising of the possible risk of birth defects in pregnant women who use Paxil. For many new mothers like Lisa Collins who used the anti-depressant, the warning came too late. She
FDA & Prescription Drugs
A Los Angeles jury found in favor of Merck and Co. in California’s first Vioxx trial. The jury found that Vioxx did not cause 71 year-old Stewart Grossberg’s heart attack in 2001. The defense showed Grossberg had high cholesterol, arteriosclerosis, and a family history of cardiac problems. Merck and
FDA & Prescription Drugs
Jury deliberations are set to begin today in the first Vioxx trial in California. This case involves a Stewart Grossberg, 71, who took Vioxx beginning in 1999 to manage joint pain in his knees and hands. Grossberg suffered a heart attack in 2001 and attributes that event to his use of Vioxx. In this
FDA & Prescription Drugs
That is the question Senator Chuck Grassley hopes to find an answer to in his recently launched probe into the FDA’s handling of Vioxx debacle. Senator Grassley has asked the inspector general to investigate the FDA’s conduct and report on their findings with specific reference to an FDA senior scie
Legal
In a recent study published by The Human Factors and Ergonomics Society, drivers who use their cell phone while driving are just as likely to cause an accident as those who drive while impaired on alcohol. The independent study used 40 volunteers who were either talking on their cell phones, driving
FDA & Prescription Drugs
I was recently asked about Actonel, a bisphosphonate used to treat sufferers of osteoporosis, and if it was known to cause osteonecrosis like Fosamax, Zometa, and Aredia. The short answer is YES. All of these drugs are members of the family of drugs known as bisphosphonates. A link has been found be
Legal
Jay and Laura Flynn recently filed a $111 Million suit against Home Depot and the manufacture of a defective grout-sealing product the mega home retailer sold them in July of 2005. According to the complaint, the product’s fumes permanently damaged his lungs and dramatically affected every facet of
FDA & Prescription Drugs
Did Merck & Co. act appropriately back in 1999 when it discovered the dangers of heart attack and stroke associated with its product Vioxx? A new article published in today’s NPR puts that question to the test by questioning three renown scientists who are authorities on heart disease and clinical s
Legal
With the first of two Vioxx trials to start on June 21, 2006, Merck & Co. has filed a motion for summary judgment on the case of a 73 year-old man who had a heart attack after taking Vioxx. The basis of the motion is that the lawsuit was filed after the statute of limitations had ran in California.