Today’s Newsletter- Bad Ruling Concerning Unsafe Generic Drugs

Orange County Lawyers Monthly NewsletterToday’s Newsletter from Mitch and Lisa…

“Ruling May Leave You Vulnerable to Unsafe Generic Drugs”

You probably never think twice about filling your prescriptions with generic drugs. They are much cheaper than brand-names, and they perform exactly the same as the original, right?

But what if something goes terribly wrong like it did for Karen Bartlett when she took a generic painkiller for shoulder pain? Soon after, two-thirds of Karen’s skin began shedding off. Or Kira Gilbert, who took the generic Darvocet in advance of knee surgery and never woke up?

“Click here if you’d like to see the answers…”

Monster Energy Sued For Wrongful Death of 14-Year Old Girl

Monster Beverage Corporation Sued for Wrongful DeathOn October 17, 2012, a California Superior Court lawsuit was filed against Monster Energy (Monster Beverage Corporation) by the parents of Anais Fournier, a 14-year old Maryland teenager who died after drinking one 24 oz. can on December 16, 2011 and then another 24 oz. can the following afternoon. According to court documents, Anais died from cardiac arrhythmia.

In Riverside Superior Court Case No. RIC 1215551, Monster Energy is alleged to be legally responsible for Anais’ death based upon theories of strict product liability (design defect and failure to warn), negligence (design, sell, manufacture and warn), fraudulent concealment, breach of warranties and wrongful death.

According to published reports, lawyers for the Fournier family have alleged that two cans of Monster Energy contain 480 milligrams of caffeine which is equivalent to 14 12-oz. cans of Coke. It is also argued that caffeine can be lethal in doses ranging from 200-400 milligrams. In the asserted causes of action, they allege that the Monster Energy drink is unsafe and the public has not been warned of the risk of harm or death.

Court documents present the argument that from 2004 to 2009, energy drink sales increased 240%. Furthermore, this increase in energy drink sales coincided with an increase in the number of annual emergency room visits due to caffeine overdose, up from 1,128 in 2005 to 16,055 in 2008, and 13,114 in 2009.

“Monster is saddened by the untimely passing of Anais Fournier, and its sympathies go out to her family,” reads a statement released by the company. “Monster does not believe that its products are in any way responsible for the death of Ms. Fournier and intends to vigorously defend the lawsuit.”

The case was filed in Riverside because the Monster Beverage Corporation’s principal place of business is located in Corona, California.

___________________________

Click here to read the actual lawsuit and to learn more about California wrongful death law and consumer rights, click here.

GlaxoSmith-Kline LLC Pays $3 Billion for Fraud!

We have a big problem with big drug companies intentionally misleading the public about what certain drugs can be used for and failing to disclose important safety information. When this happens (and it happens way too often), these large drug companies and corporations need to be held accountable for their fraud.

On July 2, 2012, GlaxoSmith-Klinie LLC plead guilty to criminal-civil charges and agreed to pay the $3 billion dollar fine for promoting two popular drugs for (1) unapproved uses and (2) failing to disclose important known safety information on a third drug.

In the related civil lawsuit, the company was charged with using improper marketing techniques (see the short video below) and providing doctors with expensive resort vacations, European hunting trips, highly-paid speaking tours and tickets to a Madona concert.

The $3 billion dollar criminal-civil fine is the largest penalty ever for a drug company.

GlaxoSmithKline CEO is quoted as saying that the company has learned “from the mistakes that were made.”

We invite you to watch the video…

Lawyers Making a Difference- The Defective Firestone Tire Cases

orange county personal injury lawyerOn a beautiful Saturday in March 2000, Donna Bailey, a 43-year old mother of two, traveled with two friends to a climbing expedition in Texas in a Ford Explorer equipped with Firestone tires. One of the tires suddenly started to separate, and the Explorer skidded and rolled. Despite wearing her seatbelt, Bailey was left paralyzed from the neck down.

Defective Firestone tires on Ford Explorers took the lives of at least 271 people and seriously injured many more before the companies issued the largest tire recall in history. Internal company documents would later show that the two corporations had known of the deadly tire separation and associated rollover problems for years but had done everything they could to hide it. They were undeterred by federal regulators at the National Highway Traffic Safety Administration, which only had the power to impose a maximum fine of $925,000.

It was through the civil justice system that Donna Bailey was able to obtain some measure of justice. As part of her settlement, Ford agreed to release internal documents about the tire and rollover problems, and executives visited her to personally apologize.

Thanks to cases like that of Donna Bailey, the civil justice system publicly highlighted the problem and forced the companies and regulators to take action.

What Would Cars Be Like Without the Civil Justice System?

Good question.  Click on the diagram for the answer…

Car Safety- You can thank all the good hardworking lawyers

 

The Movie, “Hot Coffee”, Will Make Your Blood Boil…

For many Americans, the famous McDonald’s coffee case has become emblematic of the frivolous lawsuits that clog our courts and stall our justice system.   Or is that exactly what Big Corporate America, Insurance Companies, and McDonald’s wants us to think?

Enter intrepid filmmaker Susan Saladoff. Using the now-infamous legal battle over a spilled cup of coffee as a springboard into investigating our civil-justice system, Saladoff exposes the way corporations have spent millions distorting this case to promote tort reform.   Her film, Hot Coffee, is entered as a documentary in the 2011 Sundance Film Festival.

Big business has brewed an insidious concoction of manipulation and lies to protect its interests, and media lapdogs have stirred the cup.   Following four people whose lives have been devastated by their inability to access the courts, this searing documentary unearths the sad truth that most of our beliefs about the civil-justice system have been shaped or bought by corporate America. Informative, entertaining, and a stirring call to action, Hot Coffee will make your blood boil.

________________________________________

And speaking about the McDonald’s case, here’s what the talk show pundits and columnists neglected to mention…

79 year old Stella Liebeck suffered third degree burns on her groin and inner thighs while trying to add sugar to her coffee at a McDonalds drive through. Third degree burns are the most serious kind of burn.

McDonalds knew it had a problem.  There were at least 700 previous cases of scalding coffee incidents at McDonalds before Liebeck’s case.  McDonalds had settled many claim before but refused Liebeck’s request for $20,000 compensation, forcing the case into court.

Lawyers found that McDonalds makes its coffee 30-50 degrees hotter than other restaurants, about 190 degrees.  Doctors testified that it only takes 2-7 seconds to cause a third degree burn at 190 degrees.  McDonalds knew its coffee was exceptionally hot but testified that they had never consulted with burn specialist.

The Shriner Burn Institute had previously warned McDonalds not to serve coffee above 130 degrees.  And so the jury came back with a decision- $160,000 for compensatory damages.  But because McDonalds was guilty of “willful, reckless, malicious or wanton conduct” punitive damages were also applied.  The jury set the award at $2.7 million.

The judge then reduced the fine to less than half a million.  Ms. Liebeck then settled with McDonalds for a sum reported to be much less than a half million dollars.  McDonald’s coffee is now sold at the same temperature as most other restaurants.

In our opinion, and based upon the facts, the system works and it works very well.

Livefyre Not Displaying on this post