Author: KJ McElrath

Mutiny Aboard the UBS Puerto Rico?

In Herman Wouk’s novel of the Second World War in the Pacific, The Caine Mutiny, the ship’s master and commander, Lieutenant Commander Queeg, is relived of his command by his subordinates during a typhoon. This mutiny (in the novel, it was called “conduct to the prejudice of good order and discipline”) comes in the wake of a series of questionable, erratic and even illegal actions on Queeg’s part. Such a mutiny was called for aboard the bad ship UBS Puerto Rico. The “ship’s” executive officer, Miguel Ferrer, is on record has having threatened, berated and coerced his “crew”  –...

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Xarelto – How Many Lawsuits Will Eventually be Filed

Right now, “blood thinners” Xarelto (rivaroxaban) and Pradaxa (dabigatran) are locked in a competition – but not necessarily for market share. In fact, the honor of winning this particular competition is a rather dubious one; it’s all about which product will be the cause of action for the most litigation. Presently, Xarelto (from our old friends at Bayer) is targeted in over 300 lawsuits across the country, which has been consolidated before a federal court in Louisiana under the Honorable Judge Eldon E. Fallon.  An additional 180 cases have been filed in Pennsylvania. By way of comparison, at the...

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“They Just Want to Punch Out Pills and Rake in Money”

The generic drug industry is heatedly battling attempts by the Food & Drug Administration to make generic drug use safer for the U.S. consumer.  Interviewed in the market journal, Law 360, Levin Papantonio shareholder Tim O’Brien had this to say about generic drug lobby:  “They just want to punch out pills and rake in money.”  This astute observation – as well as a nearly perfect “capsule” description of the unique, profit-driven, corporatized U.S. health care system – was made by O’Brien, a top trial lawyer who is no stranger to product liability involving prescription drugs. He points out that...

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Deaths From Alere INRatio Monitors and Test Strips: Is the FDA an Accomplice?

By now, the allegations against Alere over its INRatio and INRatio 2PT/INR Monitor System and INRatio Test Strips are well known to the legal community and patients who have used these devices. Those patients are ones treated with the anti-coagulant drug warfarin or Coumadin. The device first came to the market in 2008, and was used for monitoring blood levels of clotting agents. It allowed patients to adjust their medication levels so as to minimize the risks of fatal hemorrhaging. It goes without saying that a patient’s life depends on accurate measurements. And that was what the Alere products...

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