Supreme Court Rules In favor Of Diana Levine

The U.S. Supreme Court in a 6-3 decision upheld a Vermont’s jury decision that Diana Levine, the plaintiff in the case Wyeth v. Levine could hold the drug manufacturer accountable for the injuries she suffered — which included the loss of her arm — after taking one of Wyeth’s medicines.

Writing the Supreme Court’s majority opinion, Justice John Paul Stevens said Food & Drug Administration oversight of drug labeling doesn’t prevent the filing of state-level consumer liability lawsuits against drug companies.  Joining Stevens in the majority were Supreme Court Justices Anthony Kennedy, David Souter, Ruth Bader Ginsburg, Stephen Breyer, and Clarence Thomas.

The following is a statement from American Association for Justice President Les Weisbrod:

“The Supreme Court reaffirmed the principle that state lawsuits perform a valuable and important function in ensuring accountability in uncovering drug hazards.  Also, the Supreme Court rejected the FDA’s attempts to use the preamble in drug regulations to provide complete immunity to drug manufacturers.

It is clear consumers retained their remedy under law when drug companies have failed to provide adequate warnings for the safe use of their drugs.

Today’s decision in favor of Diana Levine proved that even if you are just one person, you can fight for justice and hold your wrongdoer accountable.”

Andrus Anderson Partners Help Build Homes in New Orleans

On a beautiful day in February, Andrus Anderson LLP partners Lori Andrus and Jennie Anderson volunteered building homes in New Orleans, Louisiana, along with dozens of other attorneys affiliated with the American Association for Justice.  Led by the dedicated staff at the New Orleans Area Habitat for Humanity, Lori and Jennie framed walls, prepared cross beams and hammered an endless number of nails.  Lori grew up in Louisiana and Jennie has traveled there numerous times, so they both very much enjoyed the opportunity to give something back to the New Orleans community.  Three years after Hurricane Katrina, there is still much work to do.  Lori and Jennie extend their gratitude to Habitat for Humanity for all that they are doing to get the hard working people of New Orleans back home.

AA LLP’s Jennie Lee Anderson Highlights Women Investigators In The Women’s Caucus Newsletter

For the Winter 2008-2009 issue of the American Association for Justice Women’s Caucus Newsletter, AA LLP partner Jennie Lee Anderson recently interviewed Kimberly C. Epstein, co-founder of the women-owned investigation firm, Epstein & Lewis Litigation Support, LLC,  “As women trial attorneys, we are always interested in supporting the expanding role women play throughout the civil justice process,” Ms. Anderson said.  “Case investigation is an important part of the legal services we provide to our clients, and we appreciate the special skills women investigators bring to the fact-finding table,” she added.  To view a copy of the interview click here.

FDA Warns Of Risk Of Complications From Transvaginal Placement of Surgical Mesh

If you or a loved one was treated for stress urinary incontinence or pelvic organ prolapse with surgery that involved the transvaginal placement of surgical mesh, you may be at risk of developing serious medical complications. An estimated 1,000 women in the United States have suffered serious injuries and complications following the surgical procedures in recent years, prompting the U.S. Food and Drug Administration to issue a public advisory about nine brands of surgical mesh.

Women who were injured by the use of transvaginal placement surgical mesh in surgeries to repair damage done by stress urinary incontinence or pelvic organ prolapse may have rights to financial compensation. Complications commonly associated with this type of surgical product include infection, pain, and perforation of the bowel, bladder, and blood vessels. The experienced attorneys at Andrus Anderson LLP are dedicated to fighting for victims of surgical mesh to receive the financial compensation to which they are entitled.

FDA Warning

In October 2008, the FDA issued a public health warning to warn consumers about the risks of complication from the transvaginal placement of surgical mesh. Although rare, the complications pose serious health risks to women. The FDA recommended that physicians receive additional training in the use of the products and give more information to patients about the mesh in an effort to reduce injuries and complications.

When is the Transvaginal Placement of Surgical Mesh Used?

The transvaginal placement of surgical mesh is most commonly used in surgical mesh used to treat stress urinary incontinence and pelvic organ prolapse. The mesh is placed along the vaginal wall to protect the area and is designed to be left permanently inside the body.

Vaginal Mesh Injuries

Women injured by the transvaginal placement of surgical mesh may suffer a wide range of injuries, including infection, bladder pain, urinary problems, and a recurrence of the condition for which the surgery was done. There have also been reports of bowel, bladder, and blood vessel perforation during insertion of the mesh and of vaginal scarring and mesh erosion.

U.S. Supreme Court Upholds Consumers’ Rights In State Courts

Andrus Anderson LLP lauds a decision by the U.S. Supreme Court in Altria v. Good to deny immunity for cigarette manufacturers who violate state consumer protection laws with false claims of lowered tar and nicotine.

Partner Lori Andrus agrees with the statement issued by the America Association for Justice (www.justice.org): “Today’s decision is a victory for consumers and affirms that cigarette manufacturers cannot claim immunity from consumer fraud when they claim their products have lowered tar and nicotine levels, even though they do not. State laws have an important role to play in helping the federal government police false claims, and today’s decision supports that role.”

“We hope that the court continues to look at claims of corporate immunity from the perspective of consumer health and safety and continues to support the rights of consumers to get justice through the courts.”

To view the full Supreme Court opinion, click here.

New Report Shows How Drug Industry Immunity Would Endanger Women - U.S. Supreme Court to Decide Major Case Soon

New York - A new report released today by the national consumer rights group Center for
Justice & Democracy finds that many of this country’s dangerous government-approved drugs and devices have been marketed specifically for women. Many of these products were removed or made safer only after women filed lawsuits.

The release of the report, THE BITTEREST PILL – How Drug Companies Fail To Protect Women and How Lawsuits Save Their Lives, comes less than a week before the U.S. Supreme Court hears arguments in Wyeth v. Levine, widely considered to be one of the court’s most important decisions this term. The Court will hear arguments on November 3 whether to afford the drug industry unprecedented legal immunity for causing injuries or death, despite negligent or irresponsible behavior.
“This report tells the story of the hyped marketing to women of a disproportionate number of unsafe drugs and devices resulting in countless deaths and injuries,” said report co-author Joanne Doroshow, Executive Director of the Center for Justice & Democracy. “Many times, these dangers were only known, or in some cases products pulled from the market, after women and their families filed lawsuits. As a result, the lives of countless other women have been saved. Blanket immunity for drug companies would be devastating for American women of all ages.” “Women have been hurt many times over the years by FDA-approved drugs, whether because drug companies withheld information and lied about health risks, or because the FDA has lacked the resources or political will to keep dangerous products off the market,” said Cynthia Pearson,
Executive Director of the National Women’s Health Network. “This report from Center for Justice & Democracy documents the devastating consequences of these regulatory failures and shows how women who have been hurt by unsafe drugs have used lawsuits to bring critical information to light, protecting other women from suffering similar harm.”

THE BITTEREST PILL examines the history of a variety of products including many types of birth control methods and hormone therapies, as well as lactation and acne drugs. Said report coauthor Amanda Melpolder, “This report clearly shows how the health and safety of women have greatly benefited from lawsuits over these products. As new drugs and devices are developed and marketed, it is imperative that women have the safest and most effective products available. That means making sure corporations are held legally accountable for causing injuries.”

Get Out of Jail Free: How the Bush Administration Helps Corporations Escape Accountability

The United States Supreme Court and Congress are currently facing critical issues that—depending on how they are resolved—could provide negligent corporations complete immunity from lawsuits.

It’s called “federal preemption,” and it refers to situations in which federal regulation trumps state law. And, perhaps most surprising, Americans and many policymakers have never heard of it. When viewed through the context of unsafe products, preemption of state law means complete immunity from lawsuits for corporations and a full escape from accountability when they have knowingly injured and endangered Americans. The civil justice system offers corporations a powerful incentive to make their products safer. All people should have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others—even when it means taking on the most powerful corporations.

The American Assocation for Justice recently released a series of documents that detail how helping negligent corporations escape accountability has been a top priority for the Bush Administration. The documents were obtained through repeated Freedom of Information Act requests by AAJ and reveal how the Bush Administration has silently ordered federal agencies to usurp state law and consumer protections.

You can obtain a copy of the AAJ report (titled “Get Out of Jail Free: A Historical Perspective of How the Bush Administration Helps Corporations Escape Accountability”) by clicking here.