Your Advocates

It’s been a year of well-deserved recovery for consumers victimized by others’ negligence. And, we’ve seen firm growth, thanks to our strong team of attorney leaders and support staff.

Courtside

• Thomas Anapol achieved $7.8 million-plus in collective settlements for consumers experiencing unnecessary explant procedures and complications including infection, stroke and death due to defective Medtronic/Guidant heart devices.
• A legally blind woman/prison worker, whose leg was impaled – and ultimately amputated – due to a hazardous tree that PennDOT and its contractors failed to remove, received a $5.5 million settlement, thanks to Alan Schwartz and Stephen Pokiniewski, Jr.
• Schwartz and Pokiniewski also won a $2.185 million malpractice/wrongful death verdict in a case involving a 51-year old Philadelphian who died at a local hospital.
• Firm obtained a $4.25 million settlement for a paralyzed minor who was prescribed a medicine which was not indicated and not properly monitored.
• On the mass tort front, we’re actively involved in filing lawsuits on behalf of consumers injured by drugs Fosamax, Digitek and Zelnorm, as well as serving in a leadership role in the Trayslol case. This is in addition to our medical device actions including Medtronic Sprint Leads, Kugel Mesh and Zimmer Hip.
• Most recently, our Pennsylvania attorneys have been evaluating claims related to recalled diet supplement Hydroxycut and withdrawn psoriasis drug Raptiva.

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Safety First

Prevent Pool Perils

by Larry Cohan

As summer gets off to a sizzling start, thousands will celebrate by hosting parties

and cooling off in their swimming pools to beat the heat.

But, before diving into your summer activities, keep in mind that pool accidents can happen at any time, even during a crowded party. A child can drown in a matter of seconds – even if he or she can swim.

In fact, the Consumer Product Safety Commission reports nearly 300 children under the age of five drown in pools annually. Hundreds more visit the emergency room after near drownings, which can cause severe brain damage, memory problems and learning disorders.

To prevent pool-related injuries, it’s critical to brush up on safety measures to avoid accidents in and around the pool this summer.

Safety Proof Your Pool

• Confirm your pool is compliant with local building code requirements by visiting your township Web site.
• Inspect your pool drains regularly for missing or broken covers, which can lead to powerful suction of hair and body parts, and oftentimes drowning.
• Keep all walking surfaces surrounding the pool area slip resistant.
• Learn CPR and keep rescue equipment (life preserver or shepherd’s hook) and a telephone nearby.

Create Barriers

• Install a safety fence around the pool perimeter with narrow fence posts so that children cannot fit through. Fences should generally be at least four feet high, but consult your local code to ensure that you’re compliant.
• Make sure all entry gates self close and self latch. (You can be held liable even if children trespass and use your pool without your knowledge.)

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Wyeth v. Levine: A Decision
That Keeps Americans Safe

by Sol Weiss

The Prescription for
Increased Drug Safety

by Greg Spizer

The U.S. Supreme Court recently reaffirmed the valuable role that consumer lawsuits play in keeping Americans safe. An individual can still hold a global pharmaceutical company accountable when the company knows of a risk, but does not convey it.

With the recent recall of over-thecounter (OTC) dietary supplement Hydroxycut – linked to serious cases of liver damage and at least one death – it’s no wonder that consumers are concerned about the safety of prescription and OTC drugs.

In Wyeth v. Levine, the high court ruled that the manufacturer of a prescription drug has a duty to warn of the drug’s known dangers. The decision rejected the position taken by pharmaceutical companies and anti-consumer activists in the Bush administration – who boldly contended that once the FDA approves a drug warning, the manufacturer is forever immune from liability, even if it later learns of a heath risk that it does not publish.

The message from the court was loud and clear: We cannot grant the wish of those who would rather be impervious to lawsuits than protect American lives. Its action keeps the courthouse doors open to those who have been needlessly injured, like Diana Levine, or killed by a lack of information. Congratulations are due to the Supreme Court for not giving the pharmaceutical industry the “get out of jail free card” it wanted.

Wyeth v. Levine did what our founders intended. The U.S. Constitution has provided a system of checks and balances among the executive, legislative and judicial branches of government. Controlled by the executive branch, the FDA attempted to take over all authority on prescription drug warnings, without legislative authority or court oversight – an effort that struck at the very framework of the Constitution. As is pointed out in the decision, consumer lawsuits must work together with FDA regulatory action to promote safer prescribing of drugs. By a majority vote, our Supreme Court kept this balance in our government – and consumers got the protection they deserved.

Shareholder Sol Weiss has more than 36-years experience representing those harmed by unsafe drugs, most recently serving as co-liaison counsel to more than 800 N.J. Vioxx plaintiffs in the $4.85 billion settlement. Philadelphia attorney Weiss also serves as co-chair of the American Association for Justice preemption committee which has lobbied against preemption. Contact him at sweiss@anapolschwartz.com.

In fact, we have seen countless examples of medications harming consumers, whether prescription drugs such as Vioxx, Fen-Phen, Baycol, or OTC drugs like Renu Moisture Loc.

The numbers are startling: A 1998 Journal of American Medical Association report found that 106,000 deaths a year are caused by prescription drugs alone. It is thought that the number may even be higher, as many experts believe that numerous adverse drug reactions are not reported.

When it comes to prescription and OTC drugs, no one can guarantee 100 percent safety, as all usually have some degree of risk. However, here are some simple steps you can take to minimize the dangers:

• Ask Questions. Make sure to ask your doctor questions when he/she prescribes a medication or suggests a supplement, and discuss the potential side effects, including less obvious interactions with food. What are the benefits, and what are the primary risk factors? What symptoms should you watch for if you have a bad reaction?
• Research. Supplement your knowledge by visiting reputable Web sites from governmental institutions, such as the FDA, National Institutes of Health, and Centers for Disease Control and Prevention, to investigate the medication’s benefits and risks. However, be aware that information online can be contradictory and confusing. Before ruling out any medication, talk to your healthcare provider.
• Confirm you have the right medication – and read the instructions. When you receive a drug from the pharmacy, verify it’s the one you ordered, as dispensing mistakes do happen. Specifically, double check the pill itself, as the name is often on it. Also, be sure to review the drug’s safety information, which the pharmacist should provide, including benefits, risks and instructions on how and when it should be taken. Double check again that it is safe to use with your other medications and supplements.

When taking prescription or OTC drugs, exercising a dose of caution is a wise step for your overall health.

Partner Greg Spizer advocates for consumers in a wide variety of dangerous drug cases, including Vioxx, Digitek, Trasylol, Fosamax, Zelnorm, among others. Contact him at gspizer@anapolschwartz.com.

• Improper withholding of funds owed to federal/state government(s).
• False/misleading activities involving government grants. What should you do if you witness such fraud?
• Seek outside legal counsel. A qualified qui tam attorney can help evaluate your potential claim to ensure the best possible result and protect you from possible employer retaliation.
• Move quickly. Under FCAs, you must file a lawsuit within six years of the violation. And, under qui tam statute of limitations, the filing must be done within three years of the time in which the government should have known or did know about the violation.
• Avoid public disclosures. Many courts have dismissed such cases if fraud becomes public before the case is filed. What’s more, you could be responsible for potential damages, and be demoted, suspended or even fired from your job.

The Anapol Schwartz Guest Advocate column provides a forum for attorney colleagues outside our firm to weigh in on emerging legal and safety issues. For comments or questions, contact us at guestadvocate@anapolschwartz.com.

Prevent Pool Perils
continued from page 1

Stick to the Rules

• Never allow a child to swim without an adult present. Never swim alone! Many drownings involve single swimmers because no one was there to help.
• Create and enforce rules of play. Only one person should be on the diving board at a time, and there should be absolutely no running or pushing anywhere near the pool.
• Know the water depth before diving in – diving boards require at least nine to 10 feet of water depth, with a shallow angle out of the deep end – and use careful diving techniques. Shallow diving can lead to serious injury, often resulting in paraplegia.

Whether you’re in or out of the pool, follow these tips for a safer summer.

Shareholder Larry Cohan represents victims and their families in pool-related injuries and drowning cases, and has been handling complex plaintiff’s cases for nearly 30 years. Contact him at lcohan@anapolschwartz.com.

liability case involving catastrophic burns to a young child – to launch The Anapol Schwartz Family Mentorship Program for Burn Survivors.

According to the Burn Foundation, there are about 1,100 individuals and families in our region who experience burn injuries every year. And, many of them are not prepared for the physical and emotional demands of recovering from such a traumatic experience.

This much-needed program helps participants deal with the unique challenges resulting from severe burn injuries by pairing them with burn survivors who can provide hope and inspiration throughout the recovery process. The Burn Foundation’s position as a liaison to area burn centers has enabled them to formally train and match burn survivors and their families with the most suitable mentor at three area burn centers. The program has already begun

Honors

Our attorneys, including two of our Philadelphia lawyers, have been recognized for their trial strength and leadership. In addition to recently being admitted to the Bar of the U.S. Supreme Court, Bernard Smalley was named one of 2009’s most influential African-Americans by The Philadelphia Tribune. Miriam Benton Barish was appointed to the Philadelphia Trial Lawyers Board of Directors.