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$25 Million Award in Accutane Inflammatory Bowel Disease Lawsuit

Posted on September 23rd, 2011 by Robert D. Rowland

A New Jersey judge has ordered Swiss drugmaker Roche, the maker of Accutane, to pay $25 million to a former user of the acne medicine who developed severe inflammatory bowel disease (IBD) after taking the drug.

Andrew McCarrell, 38, became sick after taking the drug for several months in 1995. He needed five surgeries, including one to remove his colon, and suffers daily pain and anguish from Accutane IBD. He won the verdict after NJ judge Carol Higbee denied Roche’s request for a new trial or remittitur.

One of the first Accutane cases to reach a jury in the United States, the case was originally filed in 2003 and first went to trial in 2007, resulting in a jury award of $2,619,000. The case was remanded for a new trial when Roche requested to introduce evidence on the total number of Accutane users.

The nine jurors ruled unanimously that McCarrell deserved $25 million in compensation for pain and suffering and $159,000 for past medical expenses. McCarrell claimed Roche violated New Jersey’s consumer fraud law.

Judge Higbee denied Roche’s requests for a new trial or a reduction in awarded damages to McCarrell, indicating that she found no sense of “wrongness” in the jury’s award in a 47-page opinion, stating:

“[McCarrell's] testimony and that of his wife and doctors presented a picture of probably the worst case of pain, suffering and loss of quality of life I ever heard described on my eighteen years on the bench.”

It doesn’t matter when you took Accutane or how long it took for your symptoms to appear – if you feel as though your personal use of Accutane has caused you issues, please contact Robert D. Rowland.

How to choose a personal injury attorney & what to expect

Posted on July 25th, 2011 by Robert D. Rowland

Want to listen to a podcast of this blog? Click the link at the bottom of the post.

Tips on how to pick the personal injury attorney that’s right for you: an interview with GHAR attorney Robert Rowland.

What does personal injury law cover?
Personal injury law covers slipping and falling, auto accidents, medical malpractice, pharmaceutical cases – just to name a few.

What should someone look for in an attorney?
A key consideration is to look for an attorney who has experience representing plaintiffs, but who also has experience working for the defense. An attorney with this understanding will have the knowledge of how both sides work – and they’ll know how to get the best and fastest results for their clients. It’s especially important for people with personal injury claims, as they’re for the most part in dire financial straits and don’t have a lot of time to wait.

What are the top 3 things to consider when hiring an attorney?
1. Experience: You want someone who has experience in the specific type of case you’re dealing with.
2. Support and resources: Make sure they have the lawyers and resources to handle a substantial case.
3. Personal connection: The connection you have with your attorney is like any other business/working relationship. Make sure you get along with the person that’s going to be representing you. It’s also ok to ask for a recommendation from a former client.

How much should your lawyer charge?
There is a standard fee – an amount that goes to the lawyer if they claim anything through settlement or verdict, normally 1/3 or 40%.

It’s fair to ask a lawyer up front, “What do you think about this case?” If you’ve hired an experienced lawyer who has handled a case like yours, they should be able to provide you with insight, and know the appropriate fee.

What should people do if they have anxiety about lawyers?
You can always ask for a second opinion by asking another lawyer his or her thoughts on your case. But don’t see another lawyer if you already have hired a lawyer. Also, do research on the law firm: how long have they been around? What’s their reputation? There are some smaller law firms that ask their clients to front the cost of the case, which is normally a red flag. Ask the lawyer if they’ve ever tried a case, because some may have only dealt with settlements. Also ask, “Do I have to pay if we lose?” The answer should be no, but that may not necessarily be true with every firm.

What happens once you hire a lawyer?
After you’ve decided to hire an attorney, they’ll normally send you a contract of employment along with authorizations. Authorizations allow the lawyers to obtain copies of your medical records and medical bills which can be used in the case. If the person has suffered a loss in income they’ll get wage authorizations, which determines how much they’ve lost. Typically it will take ninety days to six months to get authorizations and records cleared. Unfortunately, there’s nothing the lawyer can really do to speed up the time it takes for doctors to clear these requests. The lawyers may also make settlement demands before they file the lawsuit – if it allows the client to get compensated quicker, it also gives them time with the information before they file the lawsuit.

How often should you expect to speak with someone in the firm that’s representing you?
Once you’ve returned the authorizations, six months is the absolute longest you should have to wait to hear form your attorney. It’s the most time it could take for them to receive your records. After that point, it’s absolutely ok to call and ask about the status of your case. Remember: it’s your case, it’s not their case.

After this point, you should keep up with your attorney on what has been filed for the case: a settlement demand, a complaint or petition, interrogatories (questions from the defense), and eventually the case itself.

How does a personal injury case end?
In the case of a personal injury settlement, there will be a deposition of everyone’s testimonies. Then your lawyer and you would have a conversation about what amount of money they’ll need in a settlement. This pertains to a client’s medical bills, loss of income, future loss of income, ongoing medical costs. You should also ask your lawyer: what are the chances this case will go to trial? Does it look like they’ll settle? Have you seen this sort of case before?

If you would like to discuss your personal injury case, contact Robert D. Rowland.

Listen to an interview podcast on this subject with Robert D. Rowland by clicking below:

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Statute of limitations running out on Accutane

Posted on June 9th, 2011 by Robert D. Rowland

Did you take the drug Accutane and suffer from side effects, or receive a diagnosis of Inflammatory Bowel Disease, Ulcerative Colitis, Crohn’s Disease or Ulcerative Proctitis?

It’s been almost two years since the drug Accutane (most commonly prescribed for skin conditions) was taken off the market. For many states, the statute of limitations runs out after two years, meaning that many patients only have until June 26, 2011, to file a lawsuit. It’s important to contact us as soon as possible to discuss your potential case.

Good news for Accutane plaintiffs
There have been eight consecutive Accutane injury trials in which juries have sided with Accutane patients who allege they were harmed by the drug. The most recent involved three plaintiffs, and resulted in a $2 million verdict.

“I think I have side effects from Accutane – what should I do?”
It’s important first to get confirmation of your diagnosis. For example, if you think you have inflammatory bowel disease, talk to you doctor and get the facts. Then, contact us to discuss your case. Be forewarned, however, about the potential for misdiagnosis – many patients may be told they have allergies, gallbladder or other unrelated issues. If you have symptoms of inflammatory bowel disease – bloating, blood in the stool, constipation, diarrhea or abdominal pain – within four years of stopping Accutane, see a gastroenterologist for an accurate diagnosis. If you’ve completed one or more Accutane cycles and developed noticeable symptoms within four years of completing the cycle, contact us.

Generic Accutane
Generic Accutane manufacturers could be liable as well, since they use the same active ingredient, as well as warning labels. If you’ve used generic forms of Accutane (Amnesteem, Claravis, Sotret) and suffered side effects, contact us.

Long Term Side Effects of Accutane
Those with inflammatory bowel disease often require a lifetime of treatment. Some may require the removal of the colon, and some may end up with an ileostomy bag. But it doesn’t matter when you took Accutane or how long it took for your symptoms to appear – see a specialist, get a diagnosis, and contact us to get the justice you deserve.

If you or a loved one has taken Accutane, contact Robert D. Rowland to discuss your case.

The Topamax and birth defects connection

Posted on April 14th, 2011 by Robert D. Rowland

We read every day about prescription drugs which harm people in ways they never imagined, with risks they would have never taken. As a parent, the only thing worse than taking a drug that harms you unexpectedly, is taking a drug which harms your child unexpectedly. Unfortunately, in March 2011, the U.S. Food and Drug Administration (FDA) issued a safety communication for patients and doctors warning of the risk of birth defects from the use of Topamax, a drug prescribed for treatment of epileptic seizures and chronic migraines.

Topamax (Topiramate) has been on the market since 1997. It was originally approved by the FDA for use to treat seizures. In November 2002, it was approved to treat migraines. Around the time of initial approval, literature began to surface suggesting an increased risk of giving birth to children with cleft lip and/or cleft palate to mothers who took Topamax during their first trimester of pregnancy. The tissue that becomes the lip forms as early as 5 to 6 weeks after conception, while the palate forms at 7 to 11 weeks after conception. The damage is done often before the mother even knows she is pregnant!

Despite the known birth defect risk, no warnings were provided to patients or doctors. According to the FDA news release dated March 4, 2011, data received from the North American Antiepileptic Drug Pregnancy Registry showed that the risk of cleft palates in infants exposed to Topiramate (Topamax) was over three times higher than the risk of cleft palates from other antiepileptic drugs. Only 0.07% of infants born to mothers who took no antiepileptic drug were born with cleft palates, while infants whose mothers took Topamax were 20 times more likely to have cleft palates.

Beyond the cleft palate and cleft lip injuries, additional birth defects have been linked to lesser degrees of use of Topamax in the first trimester. Topamax use has also been associated to limb malformation, heart defects, congenital defects, craniofacial defects, spina bifida and genital malformations.

Our firm is currently representing families who have been damaged by Topamax and would be happy to provide more information to concerned parents.

For more information on Topamax and birth defects, contact Robert D. Rowland.

Complications with Bard G2 and Recovery IVC Filters

Posted on February 28th, 2011 by Robert D. Rowland

The U.S. Food and Drug Administration has issued a safety alert regarding the risk presented by long term use of interior vena cava (IVC) filters. An IVC filter is inserted in the interior vena cava, which is the large vein in the abdomen that returns blood from the lower body to the heart. A filter is used to catch blood clots before they can reach a patient’s heart and lungs. The filter is used for people who are not candidates for clot reduction through medication like blood thinners. Typical filter candidates are people with a history of blood clots in their legs, including those diagnosed with deep vein thrombosis (DVT), trauma victims, recent surgery patients or patients who have immobilizing conditions.

The risks presented by these filters include device migration, embolization (detachment of the device) perforation of the IVC and filter fracture. One particular manufacturer of the IVC filter, Bard Peripheral Vascular, has experienced a very high failure rate. The Bard Recovery Filter has a 25% failure rate while the Bard G2 filter has a reported 12% failure rate. It has been estimated that more than 7,000 Americans are currently walking about with a fractured G2 filter, which could cause rapid heart beat, fluid build up and even sudden death.

The most disturbing aspect of this story is that IVC filters are Class II medical devices. This means that the FDA has put these filters into the same risk category as mercury thermometers. More importantly, this means that these filters were approved without any clinical data showing they were effective or safe! Bard circumvented FDA approval procedures by using a 510(k) clearance for its Recovery (approved in 2002) and G2 (approved in 2005) filters.

Our firm is currently investigating claims involving injuries or potential injuries from these filters. If you or someone you know has received a Bard IVC Filter, we would like to help.

DePuy Hip Recall

Posted on September 15th, 2010 by Robert D. Rowland

The decision to undergo an expensive and very painful hip replacement surgery is not something taken lightly. The majority of patients in need of a new hip are at an advanced age and the risks and complications of surgery are considerable. One factor in determining the right time to undergo a joint replacement surgery is the “life expectancy” of the product. Most hip replacement systems are expected to last 15 years or more before any need for additional surgeries or replacements are necessary. Unfortunately for thousands of people who received the Johnson & Johnson/DePuy ASR or ASR XL Hip Replacement Systems, that time span has been much shorter. The DePuy devices have a metal-on-metal ball and socket design. The metal on metal design can cause metal debris early in the life of the implant resulting inflammation and damage to muscles and soft tissue. The end result is a very expensive and painful replacement surgery. Many have been required to undergo revision and/or replacement surgeries within 2 to 5 years of the original implant.

Second hip replacements are much more difficult, pose greater risks of complications and have a greater chance of failure. Hip revision surgery is more complicated and more risky than the initial hip replacement because the surgeon must ream out more bone from the pelvis and cut tissue from the first surgery. A second surgery also exposes the patient to the risk of infection present in any hip surgery. Having a second surgery earlier than expected also expedites the need for additional revisions.

If you are a recipient of a DePuy hip replacement and have experienced some of the symptoms below, you may be at risk.

• Unexplained Hip Pain
• Thigh Pain or Groin Pain
• Pain and/or popping with Walking
• Pain Rising from a Seated Position
• Pain with Weight Bearing

If you feel you may be a victim of a faulty DePuy device, please contact us at 1-888-752-4302 or info@goldenbergheller.com.

Recent DePuy Hip Recall Makes Need for National Medical Device Registry More Evident

Posted on September 14th, 2010 by Robert D. Rowland

Buried within the America’s Affordable Health Choices Act of 2009 (H.R. 3200), is the National Medical Device Registry requirement. Signed into law this year, the National Medical Device Registry will require manufacturers to record all implantable devices. The registry will list devices by type, model and serial number or other unique identifiers. It is intended to help Health and Human Services assess the post-market safety and effectiveness of all devices that are implantable, life-supporting or life-sustaining.

The recent recall of the DePuy Hip Replacement products, ASR and ASR XL, is the perfect example of why this new registry may prove to be extremely valuable to consumers. The DePuy hip products have been on the market in the United States since 2005. Beginning in 2008, the FDA reported over 300 complaints from doctors and patients that the products had an early failure rate. Keep in mind that many people do not complain directly to the FDA so this leads me to believe that the problem is quite larger. For example, the National Joint Registry of England and Wales showed that 1 out of every 8 DePuy patient may suffer premature hip replacement failure and require additional surgery. If the national registry were in effect in 2005, many Americans could possibly have avoided the unnecessary pain, risk and expense the defective products are causing. The registry would have triggered a red flag (and potentially a FDA recall) much earlier than DePuy’s August 2010 voluntary recall. If the registry were in effect, consumers in the U.S. would have known even earlier than Australian citizens about the risk of DePuy hip failure. Australia removed DePuy from the market in December of 2009.

If you are a recipient of a Johnson & Johnson DePuy ASR or ASR XL hip replacement system, and feel that you may be a victim of a faulty DePuy devise, please contact us at 1-888-752-4302 or info@goldenbergheller.com.

Robert Rowland Answers Asbestos Victims’ Frequent Questions

Posted on June 25th, 2010 by Robert D. Rowland

Lawyers and Settlements (LAS): How long does a client have to wait before his or her case comes to trial?

Robert Rowland (RR): Typically, here in Madison County, living mesothelioma victims are able to obtain a trial date within six months of getting their basic information filed with the court. I don’t know of any jurisdiction where a victim can get their day in court sooner. We have set about 95 cases for trial per year over the last two years.

LAS: Is settling more advantageous for the client rather than going to trial?

RR: In a lot of ways, it is. It allows us to get money to our clients and their families sooner and help ease the financial burden caused by this devastating disease.

LAS: Who is your typical client?

RR: Many of our clients are members of labor unions in various types of work such as refineries, power plants and steel mills; they built big department stores, grade schools, highways and bridges—all typical examples of people who have asbestos-related disease. Most of our clients are men over 60 years old. We also have represented women—wives and daughters—whose only connection to asbestos was washing their husband or father’s clothes. We bring a measure of hope to our clients, even those diagnosed with mesothelioma. We are able to take care of their families and relieve that pressure while they are battling the disease.

I recently got a call from a family and immediately went to the hospital. I talked with and asked questions to a man wearing an oxygen mask because he probably wasn’t going to live through the night. He died that night and there is ongoing litigation on behalf of his family.

LAS: Many victims believe there is no hope of litigation if the company they worked for is no longer operational or bankrupt.

RR: That’s a misconception. We tell our clients not to assume anything; let us work on the case because a lot of people don’t realize the scope of asbestos-containing products. For example, drywall joint compound contains asbestos, so we would go after the manufacturer. Many different exposures could contribute to asbestosis. Most of our asbestos experts say that one single fiber can cause mesothelioma.

In regard to bankrupt companies, bankruptcy trusts have been set up to partially compensate people. Unfortunately, they only pay pennies on the dollar, which is why we go after asbestos exposure throughout a victim’s lifetime.

LAS: At what stage of the disease should someone file a claim?

RR: Every state has a statute of limitations that creates a deadline to file a lawsuit. For instance, here in Illinois, we have a two-year statute of limitations, and the discovery rule means that your time to bring a lawsuit starts when you have an injury and when you know, or should have known, that is was wrongfully caused.

In the past, clients would come to us after a loved one died and the death certificate read, “Cause of death was mesothelioma or lung cancer.” They only knew it was cancer, but when you have mesothelioma you go downhill so fast; it is a cancer that is unique because it has only one known cause: asbestos.

LAS: What is the next step, after a loved one has died from cancer, for a family member to determine whether they have a claim?

RR: A family member should get in touch with a lawyer if they suspect cancer fatality was related to asbestos exposure. The attorney will then contact a pathologist to review a biopsy of the decedent’s lung tissue in order to make a diagnosis that the death was essentially caused by asbestos exposure.

Without the lung tissue or cytology (which is fluid drawn from the lungs), it is very difficult to make a post-mortem diagnosis of mesothelioma. If someone is diagnosed with lung cancer, however, it is possible—with a B Reader x-ray—to determine whether a person had underlying asbestosis. And typically if you have lung cancer combined with underlying asbestosis, that is compensable.

LAS: Is it easier for the plaintiff to reach a settlement now, with more asbestos awareness, than in the past few decades?

RR: OHSA [Occupational Health and Safety Administration] came out with asbestos exposure guidelines in 1972, which put the industry on notice; the first lawsuits came soon afterward. Of course, companies in the asbestos industry knew about the dangers of asbestos exposure back in the 1930’s and before. Next, asbestos was banned in home construction by the Consumer Products Safety Commission in the late 1970’s. As government regulation increased, it raised public awareness of asbestos dangers and lawsuits followed.

Nationally, the courts are more in favor of plaintiffs, but defendants have fought the whole way—it is an ongoing battle. Now defendants use the excuse that bankrupt companies had a more dangerous product than the current company and therefore the fault lies with the bankrupt company. Their primary defense is, “The danger created by my product is insignificant.” They say their product is minor—based on the type of asbestos fiber—compared to others so they should be able to walk away scot-free. That is called the Chrysotile Defense. [Chrysotile is a mineral and a known human carcinogen. As with other forms of asbestos, exposure to chrysotile can cause asbestosis, lung cancer and mesothelioma.]

LAS: What happens when a defendant appeals, and what is the general time frame?

RR: If a jury finds in favor of the plaintiff at trial and the defendant appeals, the case is transferred to an appellate court. The appeals process can take years. Typically, each case involves 20-30 defendants and most defendants settle prior to the trial date.

LAS: Is asbestos a mass tort?

RR: A mass tort technically means an incident of widespread exposure and disease and a demonstrable level of causation between exposure and disease. Think Vioxx and previous large drug cases – they were mass torts. In many ways, asbestos was likely the first mass tort.

LAS: What makes prosecution of mesothelioma cases so difficult?

RR: Exposure is not an isolated event and the latency period between exposure and onset of the disease can be 30 years or more. This time frame makes the prosecution of asbestos cases unique and a law firm’s experience matters. A potential client comes into my office and we need to talk about what happened 30 or even 40 years ago. We need to piece together work history, home remodeling and even shade tree mechanic work to get a complete history of asbestos exposure. An even more difficult case involves a widow retaining a lawyer after her spouse has died from mesothelioma and she has to try to figure out what her husband did at work. The clock is ticking and you should seriously consider filing a claim sooner than later.

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The first asbestos exposure mesothelioma case was filed in 1929, making asbestos lawsuits the longest running mass tort in US history. Since that time, more than 600,000 people have filed lawsuits against 6,000 defendants after being diagnosed with mesothelioma, asbestosis or other asbestos-related diseases.

Robert Rowland and Goldenberg Heller Antognoli & Rowland, PC have produced extraordinary results in excess of half a billion dollars for their asbestos clients through litigation, settlement and trial. The firm is the most experienced asbestos litigation firm in the metropolitan St. Louis area.
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Please feel free to contact Robert Rowland to discuss any questions you or a loved one may have regarding Asbestos or Mesothelioma.

The Side Effects of Accutane – Inflammatory Bowel Disease (IBD)

Posted on March 24th, 2010 by Robert D. Rowland

The pharmaceutical drug Accutane has recently been the subject of news in both the medical and legal arenas. The link between the drug and Inflammatory Bowel Disease (IBD) has been shown in at least one preliminary study.

Goldenberg Heller Antognoli & Rowland’s Robert D. Rowland sat down with Heidi Turner of www.lawyersandsettlements.com to discuss the connection and how individuals can seek relief.

To read the article please visit www.lawyersandsettlements.com.

If you feel as though your personal use of Accutane has caused you issues, please contact Robert D. Rowland.

Merlin Olsen Lost to Mesothelioma

Posted on March 16th, 2010 by Robert D. Rowland

The death of Merlin Olsen from Mesothelioma reminds us of two things. First, literally, every exposure matters and second, a single fiber is enough to cause mesothelioma.

In this instance, it is believed that Mr. Olsen was exposed to asbestos fibers while helping his father on construction jobs as a young man. He went on to play college and professional football and after his retirement became an actor.

Unfortunately, the asbestos fibers, which had been in his lungs for over 40 years, eventually caused him to develop cancer in the lining of his lungs. A lawsuit to seek compensation from the companies who sold the asbestos containing construction materials used by Mr. Olsen in his youth, is still pending.

This insidious disease does not discriminate based on social status or job description. This most recent preventable fatality reminds us of that, as well.  May Mr. Olsen rest in peace.

To read the article posted on Fox Sports, click here.

To learn more, contact this author, Robert Rowland.