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/

http://www.morgandramis.com

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

Wednesday, December 29, 2010

Drunk Driving Accident

SARASOTA COUNTY DRUNK DRIVING ACCIDENT LAWYER

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

Thursday, December 23, 2010

T'was the Night Before Christmas (Legal version)


(Legal Version)  
 Author Unknown  
   
 Whereas, on or about the night prior to Christmas, there did occur at a certain  
 improved piece of real property (hereinafter "the House") a general lack of  
 stirring by all creatures therein, including, but not limited to a mouse.  
   
 A variety of foot apparel, e.g. stocking, socks, etc., had been affixed by and  
 around the chimney in said House in the hope and/or belief that St. Nick a/k/a/  
 St. Nicholas a/k/a/ Santa Claus (hereinafter "Claus") would arrive at sometime  
 thereafter.  
   
 The minor residents, i.e. the children, of the aforementioned House, were  
 located in their individual beds and were engaged in nocturnal hallucinations,  
 i.e. dreams, wherein vision of confectionery treats, including, but not limited  
 to, candies, nuts and/or sugar plums, did dance, cavort and otherwise appear in  
 said dreams.  
   
 Whereupon the party of the first part (sometimes hereinafter referred to as  
 "I"), being the joint-owner in fee simple of the House with the parts of the  
 second part (hereinafter "Mamma"), and said Mamma had retired for a sustained  
 period of sleep. (At such time, the parties were clad in various forms of  
 headgear, e.g. kerchief and cap.)  
   
 Suddenly, and without prior notice or warning, there did occur upon the  
 unimproved real property adjacent and appurtent to said House, i.e. the lawn, a  
 certain disruption of unknown nature, cause and/or circumstance. The party of  
 the first part did immediately rush to a window in the House to investigate the  
 cause of such disturbance.  
   
 At that time, the party of the first part did observe, with some degree of  
 wonder and/or disbelief, a miniature sleigh (hereinafter the "Vehicle") being  
 pulled and/or drawn very rapidly through the air by approximately eight (8)  
 reindeer. The driver of the Vehicle appeared to be and in fact was, the  
 previously referenced Claus.  
   
 Said Claus was providing specific direction, instruction and guidance to the  
 approximately eight (8) reindeer and specifically identified the animal  
 co-conspirators by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid, Donder  
 and Blitzen (hereinafter the "Deer"). (Upon information and belief, it is  
 further asserted that an additional co-conspirator named Rudolph may have been  
 involved.)  
   
 The party of the first part witnessed Claus, the Vehicle and the Deer  
 intentionally and willfully trespass upon the roofs of several residences  
 located adjacent to and in the vicinity of the House, and noted that the Vehicle  
 was heavily laden with packages, toys and other items of unknown origin or  
 nature. Suddenly, without prior invitation or permission, either express or  
 implied, the Vehicle arrived at the House, and Claus entered said House via the  
 chimney.  
   
 Said Claus was clad in a red fur suit, which was partially covered with residue  
 from the chimney, and he carried a large sack containing a portion of the  
 aforementioned packages, toys, and other unknown items. He was smoking what  
 appeared to be tobacco in a small pipe in blatant violation of local ordinances  
 and health regulations.  
   
 Claus did not speak, but immediately began to fill the stocking of the minor  
 children, which hung adjacent to the chimney, with toys and other small gifts.  
 (Said items did not, however, constitute "gifts" to said minor pursuant to the  
 applicable provisions of the U.S. Tax Code.) Upon completion of such task, Claus  
 touched the side of his nose and flew, rose and/or ascended up the chimney of  
 the House to the roof where the Vehicle and Deer waited and/or served as  
 "lookouts." Claus immediately departed for an unknown destination.  
   
 However, prior to the departure of the Vehicle, Deer and Claus from said House,  
 the party of the first part did hear Claus state and/or exclaim: "Merry  
 Christmas to all and to all a good night!" Or words to that effect.  
   

Monday, December 20, 2010

Are We Headed Toward Economic Recovery?
by JOHN YDSTIE

Government data suggests consumers are emerging from their shells: Layoffs are declining, and the bulls on Wall Street are snorting that the stock market is poised for a long upward charge.

And this week, President Obama signed an $859 billion package extending Bush-era tax cuts and jobless benefits.

But, the jury's still out on whether we've reached a tipping point to a self-sustaining recovery.

John Silvia watches the economy like a hawk from his perch as chief economist for Wells Fargo. He says reports on industrial protection and retail sales for November that came out this week are encouraging.

"Both of them suggest the economy actually is doing quite well. So in the fourth quarter of this year we're probably going to have growth of around three-and-a-half percent," Silvia says.

For him, the figures indicate we are in a sustainable recovery, though he admits for many people it's not the traditional economic recovery or economic boom.

"You know I think it's still tough," says Christmas shopper Jeanine Bachman. "I mean, you hear where things are getting better, but then you turn around and hear somebody's lost their job, so, you know."

Many holiday shoppers are going for sales items and looking for the best bargain.

"We're definitely more conscious of things," says shopper Kate Redenbaugh. "You know we're shopping sales and making sure we get the best pricing and, you know, if you have to make one more stop instead of doing it all in one place we might make multiple stops if it saves us some money and stuff.

"I think it's still shaky."

But for Brant Pierson things aren't quite as tight.

"Last year we cut back, but this year we're sittin' a little better. So, we're going to open up a little bit this year to make up for last year," he says.

Pierson is an example of Americans who are doing better and spending more. Many of them are well-off Americans who patronize luxury shops.

"The high-end retailers are knocking it out of the park," says Patty Edwards, chief investment officer and a retail specialist at Trutina Financial in Bellevue, Wash. "And they are having one heck of a good time right now."

Edwards says high-end stores are doing better because well-off shoppers are seeing the value of their investments and 401(k)s rise as the stock market moves up.

Things are different for middle-class and lower-income Americans, she says.

"The consumer can't come back fully with 9 or 10 percent unemployment. The consumer can't come back fully if they can't get a loan, and right now they can't get a loan," Edwards says.

Those issues, along with the foreclosure crisis, were on the mind of Federal Reserve policymakers this week. After their regular meeting Tuesday they called the recovery "disappointingly slow." And they surprised some of the economic optimists by saying they'll continue injecting extraordinary amounts of money into the economy.


Obama, Like GOP, Wins, Loses In Tax-Cut Deal
In signing the tax-cut extension into law, Obama failed to keep a key campaign vow. So did the GOP.
That's fine with Dyke Messinger of PowerCurbers Inc., in Salisbury, N.C. The company builds machines that make curbs and gutters for streets and highways.

"We're still down about 50 percent from where we were; the drop being mostly U.S. residential and commercial construction," he says.

With construction in the dumps, the U.S. demand for Messinger's machines has largely come from federal stimulus spending for infrastructure. He's worried about what will happen to orders when that fades in the next few months.

But, there is one bright spot: foreign sales.

"Our hopes for international business this coming year are really quite high. We think we can put another 20 percent on the top because of what's going on in the rest of the world," he says.

Foreign sales have been good for a lot of big U.S. multinationals, too, from MacDonald's to Hewlett Packard. That's behind the recent big jump in the stock market, which has seemed somewhat out of sync with progress in the U.S. economy.

Whether the U.S. recovery is self-sustaining remains in question. But the new tax package, with a couple hundred billion dollars in added stimulus, should help it gain traction.

-From NPR's website
http://ping.fm/9AXX3

George J. Dramis III

George J. Dramis, III, born in Ft. Knox, Kentucky, May 5, 1965; admitted to The Florida Bar, 1992; U. S. District Court for the Middle District of Florida; and U. S. Court of Appeals for the First and Eleventh Circuits.
Education / Honors: University of Florida (B.S. with honors, 1987; J.D., 1991); Honored as the top performer on The Florida Bar Exam for the Fifth District and in the top five of all participants in the Spring, 1992 Florida Bar Exam; Inns of Court. Listed in Florida Super Lawyers published by Law & Politics which recognizes the top five percent of all lawyers in Florida under the category of Construction/Surety; Board Certified in Construction Law by the Florida Bar Board of Legal Specialization and Education.
Member: The Florida Bar; American Bar Association; Sarasota County Bar Association; the Florida Surety Association; and, Defense Research Institute.
Prior to attending law school, George was an internal auditor for one of the largest banking institutions in Florida. Upon receiving his J.D. from the University of Florida, he practiced in Orlando, Florida in the areas of insurance, construction and surety law. He moved to Sarasota in 1997 and continues his practice with a special focus on construction law. George has represented and advised owners, developers, contractors and subcontractors in all facets of the law concerning the avoidance and resolution of construction and surety disputes. He enjoys sport fishing, boating and attending sporting events. He is actively involved in community, religious and social organizations, including St. Martha’s Catholic Church and the Sarasota Yacht Club. George is a past member of Mote Marine Laboratory Advisory Board.
PRACTICE AREAS: Construction Law; Personal Injury Law; Surety Law; Insurance Defense; Insurance Coverage; Trial Practice.

Michael L. Morgan

Michael L. Morgan, born in San Diego, California, August 2, 1964; admitted to The Florida Bar, 1998, U. S. District Court for the Middle District of Florida, 1999.
Education / Honors: University of Florida (B.S. 1995); Southwestern University School of Law, Los Angeles, California (J.D. 1998); Interscholastic Trial Advocacy Program; Board of Governors (1997-1998).
Member: The Florida Bar; Sarasota County Bar Association.
Prior to attending law school, Mike founded StormFront Sports Management in Los Angeles for the purpose of representing amateur athletes as a sports agent. In its first year of existence, StormFront was able to obtain interest for its clients in the National Football League, as well as athletes who competed for the United States in the 1996 Olympic Games. During law school and until his graduation, Mike interned with the Los Angeles City Attorney, Civil Liability Division under the supervision of City Attorney, James K. Haan. Upon obtaining his JD from Southwestern University, Mike joined one of Sarasota’s largest law firms where he continued to practice civil trials and construction law cases. In 2005, Mike established his own Firm where he represented and advised owners, developers, contractors and subcontractors in virtually all facets of the law. Mike is an active community contributor and supporter of such organizations as The Cystic Fibrosis Foundation, John & Mable Ringling Museum of Art, and is a regular contributor to The Childrens’ Cancer Research Fund. Mike enjoys sport fishing, travel and good food.
PRACTICE AREAS: Construction Law; Personal Injury Law; Condominium Association representation; Business Litigation and Contract Disputes.
serves public owners, private owners, surety companies, general contractors, subcontractors, suppliers, architects and engineers by offering the legal services needed during all phases of development, design and construction. The partners of have combined twenty-seven years of experience in construction litigation. Mr. Dramis is Florida Bar Board Certified as an expert in construction law and has been listed in Florida Super Lawyers for the last four consecutive years.

About Us

 serves public owners, private owners, surety companies, general contractors, subcontractors, suppliers, architects and engineers by offering the legal services needed during all phases of development, design and construction. The partners of  have combined twenty-seven years of experience in construction litigation. Mr. Dramis is Florida Bar Board Certified as an expert in construction law and has been listed in Florida Super Lawyers for the last four consecutive years.