The Cochran Firm Legal Blog

The FDA has recently issued a warning letter to Pfizer, informing them that they are not properly monitoring physicians testing an experimental medication. Pfizer has experienced problems with their testing protocol since 2006, resulting in overdoses for more than two dozen patients participating in the trial.

According to a Pfizer spokeswoman, the drug being studied is called Geodon. It is being tested for use with children who have bipolar disorder.

In 2006, 26 patients participating in clinical trials of the drug received an overdose. Three more patients overdosed in 2007. When the FDA inspected Pfizer's testing in July 2009, they found the pharmaceutical company was still not following its own safety guidelines for the testing of this drug. In particular, clinical investigators were not being made aware of new dosing issues that would arise.

Pfizer responded to the 2009 FDA complaint, but according to the FDA's most recent warning letter, the pharmaceutical company did not clearly outline the steps they would take to prevent future problems during clinical testing. Pfizer has 15 business days to submit a plan for correcting these problems to the FDA.

If you or a loved one has been seriously injured as a result of taking a dangerous drug, you may be entitled to receive compensation for your damages. The experienced defective drug attorneys at The Cochran Firm have the resources and experience needed to take on pharmaceutical companies who sacrifice the safety of patients in favor of increased profits.

Please contact our defective drug attorneys today to schedule your free initial consultation. The Cochran Firm serves clients nationwide.

A federal judge in New Orleans awarded seven Virginia families $2.6 million for damages to their homes caused by defective Chinese drywall. This verdict may have serious implications on thousands of other defective product lawsuits related to Chinese drywall which are currently pending around the country.

The judge ruled that the drywall must be removed and the victims' homes must be gutted in order to correct the damage caused by the defective Chinese drywall. Furthermore, all electrical wiring, heating and air conditioning systems, appliances, carpet, cabinets, trim work, and floors which were ruined by the drywall will need to be removed.

Thousands of homeowners across the south have reported serious issues caused by Chinese drywall used in building or remodeling their homes. This drywall contained a high concentration of sulfur, resulting in corrosion of electrical wiring, air conditioning units, computers, and jewelry. The drywall may have also caused health problems for those exposed to it.

This decision is the first in a series of federal lawsuits against manufacturers, distributors, suppliers, and builders, and it will most likely set the standard for how the remaining lawsuits will be settled. However, it is uncertain how the homeowners will collect their damage award. Many of the Chinese companies listed as defendants in these lawsuits have not responded to U.S. courts. It is possible that the courts will issue orders to seize U.S.-bound ships and cargoes from Chinese drywall companies.

If your home has been damaged by the use of Chinese drywall, the defective product lawyers at The Cochran Firm can help you receive the compensation you deserve. Please contact us today to schedule your free initial consultation. We serve clients nationwide.

A Phoenix, Arizona vehicle accident involving a sanitation truck and eight motorcycles has taken another turn when it was reported that the driver of the truck was allegedly on methamphetamine at the time of the accident. Four motorcycle riders were killed in the accident and several others were seriously injured.

The March 25 accident occurred as the eight motorcycles were waiting at a red light at an intersection behind a pickup and an SUV. The sanitation truck allegedly then hit the group from behind, causing a chain reaction accident. The truck almost immediately burst into flames. Witnesses say at least three riders were pinned with their motorcycles beneath the burning truck. They attempted to put out the fire, but were helpless due to the size of the flames. The occupants of the other vehicles were able to escape the flames.

Killed in the accident with the truck were three men and one woman. The others were thrown clear, but seriously injured.

Making matters worse are reports that the sanitation truck driver has a history of problems with methamphetamine. The drugs cost him his marriage and he was evicted one year ago by a landlord. He was also given two speeding tickets in the days just before the truck accident. The driver now faces four counts of vehicular manslaughter for the rear impact collision.

If you or a loved one has been seriously injured in a truck or motorcycle accident, please contact the experienced personal injury attorneys at the Cochran Firm for an initial consultation. We serve clients nationwide.

If you have suffered a traumatic brain injury, you know how profoundly your life is changed, but convincing a judge and jury is an entirely different matter, especially when you have few verifiable symptoms. One area of injury whose symptoms are often confused with deliberate behaviors is frontal lobe injuries.

The frontal lobe is the control center of the brain, which determines, initiates, and plans complex actions. It is the most recently developed part of the brain, the part that makes us most human, and the last part of the brain to develop as we mature, the part that makes us adults and capable of independence.

Some frontal lobe injuries create obvious effects. When the back of the frontal lobes is damaged, it can result in weakness or paralysis. When the middle of the frontal lobes is damaged, it can result in an inability to move the eyes and specific, documented speech dysfunction, like Broca's Expressive Aphasia, which can make them slow to find words and often interrupts their speech with expletives.

But consider the symptoms associated with damage to the front part of the frontal lobe:

• Impaired concentration
  
• Reduced language fluency
  
• Apathy
  
• Disinterestedness
  
• Delayed responses
  
• Lack of inhibition
  

These are all symptoms that a person might be accused of "faking" or as being due simply to laziness. Unfortunately, the front of the frontal lobe is highly susceptible to injury during concussion and closed head injury due to its location. With no "real" symptoms and no open head injury to speak to the jury about the severity of your injury, fighting for compensation can be an uphill battle. But your supposedly minor injury can destroy your life, ruining your ability to maintain personal and professional relationships, and these consequences mean that you deserve compensation.

Having few symptoms does not mean you do not deserve compensation, and the lawyers of The Cochran Firm stand ready to help you get the compensation that is your due. We will consider your case and help you show your injuries to get compensation that reflects the full extent of your injuries. Please contact The Cochran Firm today for a free case evaluation.

A toddler recovering from multiple organ transplants and gastroschisis died Wednesday, March 31, at the Nebraska Medical Center after she was given an overdose of the blood thinner Heparin. The nearly two-year-old girl and her family had travelled from Dallas, Texas to Nebraska because they trusted the expertise of the doctors and staff at the hospital.

The hospital spokesman has acknowledged that the girl was given too much Heparin and that there will be an extensive investigation. Still, they're going to have to explain to the girl's grieving family how a mistake like this could have happened.

Heparin has been in the news over the last two years for killing a number of people due to contamination, as well as its role in the death of several infants. Actor Dennis Quaid and his wife nearly lost their newborn twins when they were given Heparin. It works well as a blood thinner for patients who are undergoing dialysis or to clean IV lines. However, the bottles of Heparin doses meant for adults and children are nearly identical, which leads to tragedies like the one in Nebraska.

In almost every report of infant overdoses of Heparin, things like the color of the bottle, the similarity in name with another Heparin dose for children called Hep-Lock, and simple inattention by nurses or doctors is mentioned. It seems that these are easy fixes and that Heparin overdoses can be easily avoided.

If your child has been injured due to an overdose of heparin, please contact the experienced medical malpractice attorneys at the Cochran Firm for an initial consultation. We serve clients nationwide.

Responding to criticism that the National Highway Traffic Safety Administration (NHTSA) lacked adequate technical knowledge to investigate the potential for defects in Toyota's sophisticated electronics, Transportation Secretary Ray LaHood has enlisted the aid of electronics experts from National Aeronautics and Space Administration (NASA). The scientists will help the NHTSA study the potential link between defective electronics and the cars' sudden acceleration problems. In addition, the National Academy of Sciences (NAS) has been enlisted to conduct a detailed review of electronic vehicle controls in all cars to determine if a systematic or widespread problem exists.

The NASA scientists have experience designing and troubleshooting electronics to withstand a variety of electromagnetic conditions, ranging from terrestrial to passing through high-strength planetary magnetic fields, to undergoing bombardment by cosmic radiation. It is hoped that their outside experience will ensure a comprehensive review. In addition, the NAS review is intended to provide an in-depth analysis of the possibility for widespread problems in the use of electronic throttle controls in cars.

The possibility that electronics are to blame for Toyota's spontaneous acceleration has deeply divided the automaker from its opponents in product liability lawsuits over their potentially defective vehicles. Toyota claims that the problems are mechanical, and has instituted its car recalls on the basis of mechanical problems: first, floor mat pedal entrapment, then the potential for pedal sticking caused by wear. Some product liability lawyers have claimed that the problem is not mechanical, but is electronic, and that Toyota is hiding the problem. The problem, they say, is that the electronic throttle controls can become subjected to transient electromagnetic fields caused by the radio and other nearby electronic components, causing the throttle to send incorrect signals and causing unintended acceleration. Neither the NHTSA nor Toyota has been able to duplicate the problem with electromagnetic fields, but the addition of outside expertise will hopefully ensure no stone is left unturned.

If you have been hurt in an accident due in whole or in part to a defective automobile, the product liability lawyers of The Cochran Firm can help. Please call or email us today to schedule a free case evaluation.

A sanitation truck crashed into eight motorcycles yesterday afternoon in Arizona. At least three people died in the fatal motorcycle accident. Six others, including an off-duty fire captain, were injured.

The motorcycles, on a group ride, were stopped at a red light at the time of the accident. Several of them got crushed underneath the truck, which caught fire as a result of the collision. A couple on vacation had their rental SUV pushed into the fray, and it caught on fire as well. Fortunately, the couple was not injured in the accident.

Three cyclists and their bikes were pinned beneath the burning truck during the motorcycle accident. Medical choppers on the scene airlifted two of the injured motorcyclists to hospitals for treatment. The other injured victims were transported to local hospitals in an ambulance.

The highway was closed for several hours as police investigated the events of the motorcycle accident. They did not detect any signs that the truck driver was impaired.

If you have been seriously injured in a motorcycle accident, you may be entitled to receive compensation for your damages. If you lost a loved one in an accident caused by the negligence of another driver, you may be entitled to receive compensation in a wrongful death lawsuit.

If you have a motorcycle accident or wrongful death claim, please contact the experienced attorneys at The Cochran Firm today to schedule your free initial consultation. We serve clients nationwide.

Infantino SlingRider and Wendy Bellissimo baby slings have been recalled due to the risk of suffocation and death of infants. The U.S. Consumer Product Safety Commission reports 14 deaths of children younger than four months due to these sling-style baby carriers. Over a million slings have been recalled from the U.S., Canada, and Europe. The company is offering replacement slings for the recalled models.

Infantino is a San Diego, California-based company and has worked closely with the government in this recall of their product. However, this will do little to assuage the grief of parents whose infants have died as a result of this defective product. Lawsuits have already been filed by families affected by the death of these infants.

These infants suffocate in the baby carriers because their neck muscles are still weak due to their young age. The fabric of the slings, which cross the parent's chest, can block the mouth and nose of the infant, which can suffocate the infant within a couple of minutes. Another way the child can die is if they are kept in a curled position where the chin is bent toward the chest. The airway is restricted and the child slowly suffocates.

If you or someone close to you has lost a child due to an Infantion baby sling, please contact the experienced defective product attorneys at the Cochran Firm. We serve clients nationwide.

Yesterday the Georgia Supreme Court upheld an appellate court decision declaring a legislative cap on noneconomic damages in medical malpractice lawsuits to be unconstitutional. The 2005 law, part of a sweeping tort-reform initiative, declared that a person could not receive more than $350,000 in noneconomic damages, including: "damages for physical and emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature." The specific case involved a woman who suffered infections after a facelift operation, resulting in a long, painful recovery and permanent disfigurement. After a jury trial, she was awarded $1.265 million, which included $1.15 million in noneconomic damages. The lawyers for her facial plastic surgeon said the award should be reduced down to $465,000: $350,000 in noneconomic damages, plus $115,000 in medical expenses.

But the Georgia Supreme Court decided that the original judgment should stand, deciding that the cap on damages was unconstitutional because it infringed on the judicial branch's constitutionally-guaranteed powers. Relying on authorities that predated the Georgia State Constitution, but were cited by the Constitution, including British Common Law, the Supreme Court unanimously decided that the right to a jury trial included the right to have damages determined by that jury. Since both economic and noneconomic damages are considered findings of fact, the Court decided that noneconomic damage caps infringed on the jury's privilege of delivering its verdict. It contrasted these against punitive damages, which are not considered findings of fact.

Noneconomic damage caps are a common form of tort reform, having been implemented in about two-dozen states. In Illinois, last year that state's Supreme Court declared its cap on damages to be unconstitutional, and in many other states the caps continue to face constitutional challenges. For example, read about the challenge to Kansas' noneconomic damage cap, which has yet to be decided.

If you have been hurt by a doctor's negligence in Georgia, the Supreme Court has restored your right to have all your injuries compensated, and the lawyers at the Atlanta, Georgia office of The Cochran Firm stand ready to help you pursue your right. Please contact us today for a free case evaluation.

The suicide of a 7-year-old Florida boy has led to the introduction of a bill in that state's legislature that will lead to more closely monitoring psychiatric drugs given to children in foster care. The young boy was prescribed Seroquel, a drug to treat bipolar disorder, as well as other psychiatric drugs labeled by federal regulators as having dangerous side effects. One of the potential side effects is heightened suicidal thoughts and actions.

The boy was found hanged in a bathroom with a shower cord. It is believed the risks of the psychiatric drugs were not adequately explained to the boy's foster parents. Regardless, these drugs are not approved for use by young children, but they are often prescribed off-label to treat other issues not normally associated with them.

One Florida state senator says the new measure will require an independent review panel before psychiatric drugs can be prescribed to children under ten. She also believes drugs have replaced talk-therapy and are over-prescribed to children who adults believe are unruly.

The bill will also require caregivers and doctors to report adverse side-effects, which must be documented by the Department of Children and Families. Children will also be required to undergo a mental health treatment plan, including counseling to children that are prescribed drugs.

The boy's death helped to prompt a statewide investigation that showed around 13 percent, or almost 2700, foster children are given psychiatric drugs. Only four to five percent of children in the general population are given these kinds of drugs.

It used to be that children running around and acting "unruly" were simply being children. However, the nation sees more and more that adults want to prescribe these children dangerous drugs to settle them down. As the Florida state senator told the media, all this does is cover any behavioral problems that could be treated with therapy instead of medication. "All you're doing is putting him in a chemical straight jacket so that he can't act out so you can get him to 18 and dump him into adulthood and that's not acceptable."

If your child has been prescribed psychiatric drugs like Seroquel and is exhibiting side effects, contact your pediatrician. Next, please contact the experienced pharmaceutical liability attorneys at the Cochran Firm for an initial consultation. We serve clients nationwide.

Last week, a California man described a harrowing ride after his Toyota Prius experienced spontaneous acceleration. Although there was no car accident caused, the possibility that Priora are also subject to unexplained acceleration could have severe repercussions. Because the Prius is not part of ongoing recalls related to mechanical sticking of the accelerator pedal, if the Prius turns out to be a defective vehicle, it could have extremely far-reaching consequences. Not only would the approximately one million Priora in the model years 2004 to 2008 be potentially subject to a car recall, but every new model implicated in unexplained acceleration events raises the possibility that Toyota's newest recall, like its earlier ones, does not fully encompass the problem.

Perhaps that is the reason why Toyota is so aggressively investigating the problem and publicly refuting the driver's claims. According to Toyota, the man's "account of the event is inconsistent with the findings of the preliminary analysis." Namely, Toyota claims:

The accelerator pedal was in working order and functioning normally

The brakes showed wear and damage from overheating

Computer records showed the brakes and accelerator had been applied in an on-and-off fashion

No diagnostic trouble codes in the computer

The shift lever and power button were functioning as they should

The brake override system, which shuts off the engine when the brakes are applied, even if the gas pedal is depressed, was working

Toyota's investigations were overseen by representatives from the National Highway Transportation Safety Administration (NHTSA). No one is claiming these results are final, and investigations are ongoing. Toyota has stopped short of accusing the man of fabricating the story, but has assembled the case for such an accusation. Instead, it is focusing on the message that the Prius is safe and not subject to the same defects as Camrys, Corollas, and others.

However, it should be noted that the initial reports of Camry's unexplained acceleration were met with a similar response.

If you or a loved one has been hurt in an accident caused or worsened by a defective car, the product liability lawyers at The Cochran Firm can help. Please call or email us today for a free case evaluation.

A Pennsylvania jury awarded $95 million to the families of eight people who were murdered by a nurse practicing in the New Jersey and Pennsylvania area. The nurse is widely considered to be one of the most prolific killers in the history of the U.S. health care industry.

Charles Cullen is currently serving a life sentence in New Jersey for the murder of 29 patients at local area hospitals. It is believed that he actually killed more than 40 people in total, although he has only been charged with the murder of 29. The eight victims associated with the current wrongful death lawsuit all died at St. Luke's Hospital between 2000 and 2002.

Cullen never responded to the wrongful death lawsuit, and he did not make any attempts to defend himself in court. As a result, the judge ruled that he was responsible for the eight deaths in question. The ensuing three day trial was conducted for the purposes of determining the damage award.

Unfortunately for the victims' families, Cullen is broke and most likely will not be able to make good on the $95 million damage award against him. However, as part of the terms of damage award, the victims' families will be able to claim any money Cullen may earn in the future if he chooses to pursue a book or movie deal related to his story.

If you have lost a loved one due to the negligent actions of another, please contact the experienced wrongful death attorneys at The Cochran Firm today to schedule your free initial consultation. We serve clients nationwide.

First responders must have the technology available to get to where they need to go. GPS, dashboard computers, radios, cell phones, and other electronic devices are used by paramedics and police while they weave in and out of traffic in every city and state. These devices shave seconds off that may save the people they help by providing valuable information. However, in a report by the New York Times, the risk of using this equipment may increase the chance for serious auto accidents with deadly consequences.

Accidents involving police or paramedics as a result of looking down at a dashboard compute or a GPS system have been documented. Whether it's hitting another vehicle or a pedestrian, all parties involved may find this risk too much, while others may find the risks necessary.

Over 75 percent of police cruisers have on-board computers. Around 30 percent of ambulances use computers. These percentages are only going to grow. On-board computers allow police to check out the license plates of suspicious vehicles, and ambulances are directed to accidents and given patient information. Yet, in an age when distracted drivers are periodically in the news for causing accidents, it may be worth it to examine distracted first responders, even if they are doing their jobs.

Many states have passed texting while driving bans, but exempt first responders. This is a good thing on the surface. But if those ambulance drivers and police officers are using their cell phones or computers for personal use, then they are liable if they cause an auto accident.

Asking the public to trust that our emergency workers are using their on-board computers and cell phones for job related activities shouldn't be an issue. Unfortunately, there are some that abuse their exemption to cause some to doubt.

If you or a loved one has been injured in an auto accident, please contact the experienced personal injury attorneys at the Cochran Firm for an initial consultation. We serve clients nationwide.

It has become a sadly familiar story: a man driving a Toyota was attempting to pass another car, when his gas pedal became stuck and his vehicle accelerated wildly out of control. The problem: his car, a 2008 Prius, was not on the list of vehicles recalled for sticky accelerator pedals. In fact, the owner had taken his car into the dealer and was told it hadn't been recalled. The only recall in effect for the Prius was the removal of floor mats, something the driver insists was not the problem.

Shortly after the recall for floor mat entrapment, Toyota announced that it would also call in the affected vehicles to rework the pedal assembly and floor pan to reduce the likelihood of pedal entrapment. This issue had been sidelined as a result of new information about another possible cause for sticky accelerator pedals, prompting a new recall, one that did not include the Prius.

However, the driver's account of his ordeal makes it seem as though a Prius recall may be in order. After the man applied the gas in an attempt to pass another car, the accelerator pedal stuck in the down position and the car accelerated up to nearly 90 miles per hour on a dangerous, curvy section of Interstate 8 in California. The driver called 911 from his cell phone and operators tried to talk him through many ways to stop the car, but nothing seemed to work. The pedal remained mechanically stuck, despite the driver's attempts to pull it up.

The California Highway Patrol sent a car, whose driver instructed the man to apply his brakes and emergency brakes at the same time. This allowed the car to be slowed and shut off.

Fortunately, no one was hurt in this incident, but if you or a loved one has been hurt in an accident caused by a defective vehicle like a Toyota undergoing runaway acceleration, the product liability lawyers at the Los Angeles office of The Cochran Firm are ready to help. Our nationwide network of lawyers is prepared to take on the biggest opponents. Please schedule a free initial consultation today to learn how we can help you.