Wednesday, February 16, 2011

Quickly Approved Medical Devices Account for Most FDA Recalls

Quickly Approved Medical Devices Account for Most FDA Recalls

When the Food and Drug Administration pulls a medical device off the market because of safety concerns, the item recalled is likely to be one that didn’t get much scrutiny when it originally was approved by the agency.
That finding was documented in a new study appearing in The Archives of Internal Medicine. The researchers report that most of the medical devices that were recalled from 2005 to 2009 because they posed a high risk for users had been approved through a less stringent regulatory process.
The study highlights the two parallel paths to approval for medical devices. One track–usually employed for critical devices such as implanted heart defibrillators–requires extensive testing. The other track is a less exhaustive process permitted in cases when the company responsible for the device demonstrates that an equivalent product already is on the market.

Though far less reliant on testing, the class of devices given the green light in the less-demanding approval process includes such vital products as external heart defibrillators, mechanical ventilators and infusion pumps, along with artificial hips and knees.
The study’s authors conclude that these are the devices most likely to be pulled off the market by the FDA. Of the 113 recalls of high-risk medical devices carried out from 2005 to 2009, the study found that 80, or 71 percent, were originally approved through the light-testing path.
“This is an area where the FDA has failed the public,” Dr. Steven E. Nissen, a cardiologist from Ohio’s Cleveland Clinic and one of the study’s authors, told The New York Times. As the Times pointed out, thousands of patients have been hurt, and even died, because of flawed medical devices that went through little pre-approval testing.
In response, the FDA called the study’s conclusions unoriginal and suggested that they overlooked the benefits of the speedier approval process.
“Even one recall is too many,” FDA spokeswoman Karen Riley told the Washington Post in an e-mail. “But, considering that more than 19,000 devices were cleared via the . . . process between 2005 and 2009, it’s important to keep the 80 recalls in perspective. They represent a small number of the devices cleared via this program and don’t reflect the thousands of people who have benefited from these devices.”
The Advanced Medical Technology Association, a trade group for manufacturers of medical devices, said that the research was flawed, pointing out that since a majority of all devices are approved through the less-demanding process, it would make sense for such devices to constitute a majority of the recalls.
The study, conducted by Nissen with co-authors from the National Research Center for Women and Families, recommends changes that would subject all medical devices to the FDA’s more rigorous process. It also calls for the process to take into account the potential risk of a device’s failure.

http://www.fairwarning.org/2011/02/quickly-approved-medical-devices-account-for-most-fda-recalls/

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Tuesday, February 8, 2011

Special Counsel to Probe Whether Toyota Hid Safety Data

A Texas judge has taken the unusual step of appointing a special counsel to investigate whether Toyota intentionally withheld crucial safety data while defending itself against a rollover crash lawsuit.
Pennie Green, who was paralyzed in the rollover of a Toyota Camry in 2006, settled her case for $1.5 million the following year. But after whistleblower Dimitrios Biller, a former Toyota lawyer, said safety data were knowingly concealed from Green and other plaintiffs, Green began a contempt of court proceeding against Toyota for violating the discovery order in her case.
Judge John E. Neill of Johnson County District Court disclosed last week that, after reviewing documents provided by Biller, he decided to appoint Greg Coontz, one of his former law firm partners, to look into whether Green has a viable case for contempt. “Our position is we want to get to the truth and we believe the judge does too,” Green’s lawyer told the Los Angeles Times. “There must be enough information in the documents the judge reviewed for him to proceed with the case.”
The Times said that if Green’s allegations turn out to be true, “it could be a significant blow to Toyota, which has been working to bolster its credibility in the wake of federal investigations into its sudden acceleration problems. In addition, a contempt ruling against Toyota could be cited by attorneys representing motorists in scores of lawsuits against the automaker nationwide.”
As Texas Lawyer has reported, attempts to reopen similar suits against Toyota in federal court in Texas have “essentially stopped” after plaintiffs’ lawyers concluded that nothing in Biller’s evidence indicated Toyota engaged in discovery abuse. But Green has proceeded in state court, benefiting from an appeals court ruling last year that she could pursue contempt charges.
Toyota has labeled Biller a “disgruntled employee” and argued that Neill has no jurisdiction to reopen the case. Referring to Coontz’s appointment, the company said in a statement, “We are confident that we have acted appropriately with respect to product liability litigation and our discovery practices, including in the Green case. The recent order by the Texas court is not a finding that Toyota violated any discovery obligation.”
Green contends that if Toyota had not hidden information from her, she might have sought a larger settlement or gone to trial.

Tuesday, January 25, 2011

SARASOTA COUNTY HIT & RUN INJURY ATTORNEY

Hit & Run Accident Lawyers in Sarasota County, Florida:
A hit and run refers to a motor vehicle accident in which the driver who caused the accident flees from the scene without waiting for the police or providing his or her information. Hit and run accident cases can be very complex and frustrating, especially when it is difficult to ascertain who is responsible for the accident. Like any other type of car accident, victims of hit and run accidents often suffer from a number of debilitating injuries.
If you were injured in a hit and run accident in Sarasota County, or if you were injured in a hit and run accident in Manatee County, or any of the surrounding counties, we can help you file a personal injury claim against the driver responsible for the accident. When you meet with the lawyers at MORGAN _ DRAMIS, we will sit down with you one on one to discuss your case and review your best options. With the help of the attorneys at , you get the experience of a Sarasota County hit and run lawyer or Manatee County hit and run lawyer who can maximize your chances of recovering damages for your injuries, pain and suffering, medical bills, lost wages and more.

Contact a Sarasota County Hit & Run Injury Lawyer or Contact a Manatee County Hit & Run Attorney:

At , we know that a hit and run situation can seem hopeless, especially if you cannot find the driver responsible for the accident. How will you recover compensation? Who will pay for the damage done to your vehicle? Will the insurance company cover anything? At  we will provide you with the superior legal counsel you need to address these specific questions and prepare a strong case to increase your chances of recovering full compensation. When you come to meet with the Sarasota County hit and run accident lawyers at , we will review your case, give you an estimate of how much your claim may be worth, and discuss the best way to proceed forward.
From our first initial meeting until the resolution of your case, we are committed to providing you with sound legal guidance, undivided attention, and aggressive representation. To discuss your case with a friendly, experienced, and knowledgeable Sarasota County hit and run injury attorney at our Firm, please contact today.

 http://www.morgandramis.com/

Tuesday, January 18, 2011

SARASOTA COUNTY PEDESTRIAN ACCIDENT ATTORNEY

Pedestrian Accident Lawyers in Sarasota County, Florida:

Pedestrian accidents occur when a motorist strikes a person on foot, or a dangerous condition causes a pedestrian to slip and fall. Motorists are expected to exercise a certain level of care when driving on the road, including yielding to pedestrians when necessary. When a motorist's negligent actions lead to a pedestrian accident, he or she will be held liable for the accident and accountable for any damages that need to be paid. Furthermore, if a pedestrian is injured as a result of a dangerous condition, the owner of the property where the accident occurred can be held responsible for any injuries sustained.


If you are the victim of a pedestrian accident in Sarasota County, Manatee County or the surrounding areas, we can help. We have significant experience in trial law and have been able to recover many verdicts and settlements on behalf of our clients. We know what to look for in order to prove negligence or fault in a pedestrian accident case as well as utilizing effective strategies for negotiating large settlements. Typical pedestrian accidents occur as a result of a motorist striking a pedestrian because
  • The motorist was driving under the influence (DUI)
  • The motorist failed to yield the right of way to the pedestrian
  • The motorist ran a stop sign
  • The motorist ran a red light
  • The motorist made an illegal turn
It should be noted that driver negligence is not the only cause of pedestrian accidents. When sidewalk conditions are not kept up to standards, a pedestrian may sustain an injury, especially if the sidewalk is cracked, broken or overcrowded, or if electrical equipment is exposed.

If you are looking for a Sarasota County pedestrian accident attorney or a Manatee County pedestrian accident attorney, to help you file a claim, then contact  Our Firm is committed to helping pedestrian accident victims in Sarasota County, pedestrian accident victims in Manatee County and surrounding areas take legal action and seek damages for their injuries, pain and suffering, psychological trauma, lost wages, medical bills and decreased quality of life. Our attorneys will work as a team with you on every case to give you the best representation available. If you have been wrongfully injured in a pedestrian accident, we would love to help you obtain the compensation you deserve. To set up an easy no-cost consultation, with a Sarasota County pedestrian accident lawyer at our Firm, please contact our Firm.

 

Wednesday, January 5, 2011

DUI Accidents in Sarasota County

Drunk Driving Accident Attorneys in Sarasota County, Florida:

In the State of Florida, it is illegal to drive a vehicle with a blood alcohol concentration of .08% BAC (Breath Alcohol Content) or more. Having too much alcohol in the blood stream significantly impairs a driver's mental alertness and physical coordination, increasing his or her chances of causing an accident. If you or someone you love was injured or wrongfully killed in a drunk driving accident, you have the right to take legal action against the driver responsible for the accident. An experienced Sarasota County drunk driving accident attorney or Manatee County drunk driving accident lawyer can represent you in court, prepare a strong case on your behalf, fight for your rights, and take every step necessary to ensure your compensation is fair and just.

DUI Accidents in Sarasota County:

Florida's personal injury laws entitle accident victims to compensation for an accident caused by acts of negligence. The law considers driving under the influence an act of negligence since the driver knowingly broke the law and put the lives of innocent passengers and drivers in danger. Therefore, any person found driving with a BAC level above the legal limit who causes an accident will not only face criminal charges, but will also be held liable for money damages.

Contact a Sarasota County DUI Lawyer:
At
If you are injured in a drunk driving accident and would like to discuss your case with a Sarasota County drunk driving accident attorney or a Manatee County drunk DUI lawyer, who genuinely cares for your best interests, please contact

http://www.morgandramis.com