Medical Injury Lawyer Blog : Houston Medical Injury Lawyer & Attorney : Arnold & Itkin Law Firm : Pharmaceutical Injuries, Medical Devices : Texas, Dallas, Fort Worth, San Antonio

Michigan has the somewhat dubious distinction of being the only state in the country to grant pharmaceutical companies immunity from medical injury lawsuits. That may soon change - on March 26th, the Michigan House of Representatives approved a set of three bills aimed at reversing that immunity.

This is the second time the Michigan House of Representatives has passed the bill granting pharmaceutical companies immunity. Of the three bills, the third aims to allow medical injury lawsuits retroactive to 1996, when then-Governor John Angler signed the law that gave the pharmaceutical industry immunity from lawsuits brought by patients harmed by U.S. Food and Drug Administration (FDA) approved products.

The law has been criticized by medical injury lawyers and patient rights advocates, and has been detrimental for thousands of medical injury victims unable to take action against these, often, negligent pharmaceutical companies. These people are victims of a range of defective drugs, such as:

• Paxil
• Avandia
• Heparin

What the law has done, essentially, is give pharmaceutical companies a free pass to market and promote their drugs (in the state) without any fear of consequences in the event of the drugs causing injuries or deaths. Patients injured by the drugs are currently helpless in the face of the law. At the time the bill was passed, proponents insisted that it would attract pharmaceutical investment in the state; that theory has since been disproved. Pharmaceutical investments and companies have moved out of Michigan in recent years, taking valuable jobs with them.

Georgia has since tried to emulate Michigan's example. Governor Sonny Perdue introduced a tort reform bill earlier this year that sought to prohibit medical injury lawsuits against pharmaceutical companies for products approved by the FDA. Better sense seems to have prevailed there; that bill was rejected in the Georgia Senate Economic Development Committee.

These instances of states attempting to block patients' right to file medical injury lawsuits against companies signify a dangerous trend. Michigan has one of the highest unemployment rates in the country and their drug immunity laws have done nothing to revitalize it. Other states should take note.

Medical Injury Lawsuits Hold Companies Accountable

The prospect of being held liable in a medical injury lawsuit is probably the biggest factor motivating drug companies to ensure that their products are safe for use. In the absence of such accountability, companies are encouraged to rush through drug approvals. The only people who suffer from this carelessness are unfortunate consumers.

If you've been injured by the use of a defective drug, contact a medical injury lawyer at Arnold & Itkin LLP to discuss your case.

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The Food and Drug Administration (FDA) has issued a health advisory warning, about a reported link between the use of the psoriasis drug Raptiva and the occurrence of a rare brain infection injury.

FDA regulators received 3 reports of progressive multifocal leukoencephalopathy (PML) in patients using Raptiva, a psoriasis drug manufactured by Genentech. The agency was also informed of at least one "possible" case of infection. Two of the confirmed PML patients as well as the sole possible patient died. All 4 patients had been taking the psoriasis drug for more than 3 years. The agency is reviewing the incidence of PML in patients using Raptiva and has announced that it will take steps to ensure that patients taking the medication are not placed at excessive risk.

Progressive multifocal luekoencephalopathy (PML), which usually occurs in people with weakened immune systems, can result in a decline in nerve function and is usually fatal. The infection is marked by an inflammation of the white matter of the brain. It is seen very often in patients suffering from AIDS or other immune deficiency disorders. Symptoms may include:

• muscle weakness
• loss of coordination
• speaking difficulties
• vision problems
• personality changes

Individuals often become progressively clumsy and are, ultimately, left with serious disability. People who suffer from PML have a grim prognosis. Approximately 80% of PML patients can die within 6 months of contracting the infection. Those who do survive may find themselves with severe neurological difficulties. People with AIDS who suffer from PML may find that the anti-HIV drugs they take can help alleviate the symptoms of PML. People taking medications that suppress immunity are especially at risk for PML. Of the 4 Raptiva users who contracted PML, no one was taking any other immune-suppressive medications.  The FDA has confirmed that it will take steps to make sure that patients taking Raptiva are informed of PML symptoms and that these patients are monitored by healthcare professionals for any sign of the infection.

Almost all pharmaceutical drugs come with a set of side effects or adverse reactions. Therefore, testing pharmaceuticals is very important – the benefits of the drug should be weighed against its risks and it should be prescribed accordingly. If a drug is proved to cause a risk of a potentially fatal and debilitating disease, its generally safe to say that the benefits of the drug are not worth the risk of serious illness. Unfortunately, very often, inadequate testing and rushed approval processes cause adverse reactions to come to light only after illnesses and injuries have resulted from the use of the drug.  

Medical Injury Lawyers

People injured by the use of a defective pharmaceutical drug often need the help of a medical injury lawyer to recover damages for their injuries.

If you have been injured by a dangerous drug, contact a medical injury attorney at Arnold & Itkin LLP for a free evaluation of your case.

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