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January 15, 2010


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In this issue:

Landmark Ruling In Pennsylvania HRT (Hormone Replacemet Therapy drug) Case

The Pennsylvania Superior Court has revived a $1.5 million verdict in favor of a plaintiff who filed a lawsuit claiming a regiment of Hormone Replacement Therapy drugs she took caused her breast cancer. The judges overturned a statute of limitations ruling, saying Merle Simon “couldn't have reasonably known of an alleged link between her breast cancer and HRT drugs.” Because Simon filed her suit within two years of the release of a study that first linked hormone drugs to breast cancer, her case should not have been thrown out, the judges wrote. Simon’s case is one of thousands of HRT cases filed in Philadelphia, and could be a promising indication for dozens of others currently on appeal.  Amaris Elliott-Engel, Law.com 01/13/2010

Heart Doctors Aren't Following Guidelines, Study Finds

Research has found that many patients with coronary artery disease are not receiving the correct treatment as outlined by the American College of Cardiology and the American Heart Association. In a report published this month, Dr. Edward L. Hannan found that only about half of the patients that fit the guideline criteria for open heart surgery in New York hospitals are recommended for the surgery. Many of those patients are instead receiving a less-evasive angioplasty to unblock the arteries. Studies show, however, the surgery shows better results for most patients that qualify. Hanna said he fears the angioplasty recommendations stem from a “grow the business” mentality.  Rachael Myers Lowe, Reuters 01/12/2010

Drug Makers Should Learn Phrase 'I'm Sorry'

The practice of saying “I’m sorry” has come a long way in the medical field – hospitals are now encouraging their doctors and nurses to admit and apologize for medical mistakes, and they are finding that lawsuits decrease as they do so. Pharmaceutical companies haven’t received the memo. A recent poll shows that people trust drug companies about as much as oil and tobacco companies, but industry watchers say drug makers could advance their cause by also apologizing. Analysts say that companies that are apologetic instead of “regretful” portray an air of accountability to consumers and their employees. Contrition may have a public relations upside.  Natasha Singer, The New York Times 01/09/2010

Advocates Question Safety of Cars with "Infotainment" Computers

Car companies such as Ford and Audi have announced plans to up the driving experience by installing “infotainment systems” in the console of cars – basically a computer above the gearshift that can perform almost any function the driver desires. Safety advocates are speaking out against more distractions for drivers, however, including transportation secretary Ray Hood, who told the New York Times that he opposes added driver distractions. Car companies claim they will install certain safety features that limit driver distractions while the car is in motion, but admit it will be ultimately up to the driver to ensure his or her safety on the road.  Ashlee Vance and Matt Richtel, The New York Times 01/06/2010

Drug Maker Settles False Statement Suit

A New Jersey U.S. District Judge has approved a $165 million settlement in a class-action lawsuit against Schering-Plough Corp., that accused the drug maker of failing to adequately disclose “serious and widespread deficiencies” in manufacturing and quality operations of the drug Clarinex between May 2000 and February 2001. When the company announced in 2001 that the FDA had postponed the approval of Clarinex, its stock fell 15 percent. Bloomberg reported that the settlement could affect as many as 280,000 investors.  David Voreacos, Bloomberg 01/05/2010

Toy Maker Recalls 200,000 Baby Playpens

Dorel Juvenile Group Inc. announced a voluntary recalled last week of over 200,000 baby playpens due to the threat of “suffocation or positional asphyxiation.” The company said that the floors of the Safety 1st Disney Care Center Play Yards and Eddie Bauer Complete Care Play Yards could become uneven when jostled, posing unnecessary risks to children. The toys were sold from January 2007 to October 2009 at Babies “R” Us, Kmart, Sears, Target and Walmart. No deaths have been reported involving the playpens.  Staff Report, Chicago Tribune 12/30/2009


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