Generic Drug Ruling

           In a major blow to consumer claims, the United States Supreme Court in Pliva, Inc. v. Mensing has ruled that generic drug manufacturers cannot be sued or be liable for failing to warn consumers of the drugs’ dangers. The Supreme Court decided, in a 5-4 ruling, that even though generic drug manufacturers could have sought approval from the FDA for a stronger warning label and are supposed to do so, the generic manufacturers’ inability to unilaterally change their drugs’ labels in advance of FDA approval meant that it was “impossible” for them to comply with both federal and state law.

What are some of the key personal implications to you? We strongly  recommend that you read very closely all labels for any generic drugs you are taking or are prescribed, and then discuss all your concerns or questions  with your doctor and pharmacist before ingesting these medications.

Columbus City Council Radio, Special Guest Mark Kitrick

Our President Mark Kitrick was  featured on the August 13, 2011 Columbus City Council Radio program. Mark was brought on to the program to help us understand what type of insurance coverage we need. Many Ohioans are not aware, Ohio has the second lowest requirement for liability coverage of the "at fault driver," -the person who caused the crash.  Our state only requires $12,500 per person or $25,000 for multiple people,  no matter how severely a person is injured. This is why uninsured or underinsured motorist coverage is so important. The coverage would take effect on from your own policy in the incident that you are hit by someone with low coverage.

For the full interview, Click: http://www.columbuscitycouncil.org/uploadedFiles/City_Council/News/Media/2011/8-13.mp3

Or visit the website at: www.columbuscitycouncil.org clicking on council news, then media, and then it's the 8/13/2011 show.  

Uninsured & Underinsured Coverage

 As many know, we represent the Estate of Michelle Kazlausky. Michelle was tragically killed by an uninsured driver of a truck when she was riding her bicycle, along with many others, in the Pelotonia race (to find a cure for cancer) last August 21. She left behind two sons who are now living together without their mother, who was long time employee  of The Ohio State University Hospital.  

From this tragedy the family, led by Michelle’s twin sister,  Patricia Byerly, has been educating people how important it is to buy  Uninsured and Underinsured Motorist coverage on one’s car. Many do not know but this  coverage protects  them when walking or riding a bike, even if not in their car or even near their car. This coverage applies when  one is hurt or killed by someone who is driving a car and there is no liability insurance. It is now one year since the horrible incident and we encourage you to call your agent and make sure you have this crucial coverage.

DePuy Hip Recall Affects Thousands

In 2003 the FDA approved the DePuy ASR XL Acetabular System total hip replacement, a more traditional hip replacement that involves a socket and metal cap attached to the femur to preserve more of the bone.  The product has been used in over 90,000 hip replacements.  In August 2010, DePuy, a division of Johnson & Johnson, recalled the devices because of high failure rates.  This came 2 years after the FDA began receiving complaints.  About 12% of patients who received the ASR total hip replacement needed hip revision surgery.  Johnson & Johnson and DePuy Orthopaedics have already started to reach out to many recipients of their recalled product.  If you have received any correspondence from either party, be extremely careful about signing any paperwork.  For example, you may be signing a waiver that could prevent you from pursuing legal action against either company.  If you have received an Acetabular hip replacement, please contact our office (614) 224-7711 or visit our website http://www.KLHLaw.com to further understand your legal rights. 

Sweeping Series of Consumer Protections are Enhancing Fliers' Rights

The Department of Transportation [“DOT”]  created new regulations for all airlines effective  August 23, 2011.  For instance, the 3-hour tarmac-delay limit, enacted in April 2010, used to apply only to domestic flights at medium and large hub airports.  The D.O.T. is now adding small and non-hub airports to this list.  International flights, previously exempt, will now have a 4-hour tarmac limit.  With this regulation, almost every U.S. airport will now be covered.  The D.O.T. is also increasing compensation to passengers who are bumped from flights involuntarily.  Fliers are now entitled up to $1,300 for delays of more than 2 hours, for flights originating in the United States, which is an increase from the previous $800.  This means that the airlines have less incentive to bump travelers from their original flights.  Also taking effect in October, airlines will be required to display more accurate airfares to fliers so as to  include taxes, fees, and other mandatory charges in a ticket’s price which one normally does not see now.  Along with this, optional fees such as checked luggage and meals must clearly be disclosed on the airlines’  websites.  The new D.O.T.’s regulations mark a high point in air-traveler protection and fliers’ rights.  For a full list of all regulation changes and your rights as a passenger, please see the Department of Transportation’s website: http://www.dot.gov.

Should doctors admit their mistakes to lower litigation costs?

Five New York City hospitals have agreed to start a pilot program to divulge medical mistakes early.  This program hopes to cut costs for medical-malpractice suits by offering settlements quickly and using special state “health courts,” where judges will help negotiate settlements before trial.  The federally funded program “aims to cut the $1.4 billion spent annually in New York State on medical-malpractice premiums,” hospital and state officials say.  This is one of several programs to encourage hospitals to acknowledge and reduce medical errors.

DuPont Imprelis

Last October DuPont introduced an herbicide, Imprelis, that claimed to control a wide range of broadleaf weeds, including dandelions, clover and plantains..  Unfortunately, it turned out that the herbicide also was killing many trees.  After a few months of denial and after being sued in various states, the past week DuPont admitted that the “damage that has been reported appears to be affecting sensitive tree species, primarily Norway spruce and white pine, the majority of which are concentrated in a geographic band that includes Minnesota, Michigan, Indiana, Ohio, Pennsylvania, New Jersey and Wisconsin.”

If you, your company, or someone you know has had difficulty, i.e. dead trees, with this product, please give our firm a call for a free consultation at 614-224-7711 or visit our website at http://www.KLHlaw.com