Court to Decide if Vaccine Makers can be Sued
March 10, 2010
Google News
By Associated Press
The Supreme Court will decide whether drug makers can be sued by parents who claim their children suffered serious health problems from vaccines.
The justices on Monday agreed to hear an appeal from parents in Pittsburgh who want to sue Wyeth over the serious side effects their daughter, six months old at the time, allegedly suffered as a result of the company’s diphtheria, tetanus and pertussis vaccine.
The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled against Robalee and Russell Bruesewitz, saying a 1986 federal law bars their claims.
That law set up a special vaccine court to handle disputes as part of its aim of insuring a stable vaccine supply by shielding companies from most lawsuits.
Wyeth, now owned by Pfizer, Inc., prevailed at the appeals court but also joined in asking the court to hear the case, saying it presents an important and recurring legal issue that should be resolved.
The Obama administration joined the parties in calling for high court review, although the government takes the side of the manufacturers.
Only one state appeals court, the Georgia Supreme Court, has ruled that families can sue in a vaccine case. The vaccine industry has fiercely opposed the Georgia ruling in the case of Marcelo and Carolyn Ferrari. They claim their son suffered neurological damage after receiving vaccine booster shots made by pharmaceutical companies Wyeth and GlaxoSmithKline that contained the preservative thimerosal.
The family has since withdrawn its lawsuit, possibly in an effort to avoid an unfavorable Supreme Court ruling, although the Georgia court’s opinion allowing similar lawsuits remains in force.
The court did not act on the companies’ appeal Monday, but the decision in the other case almost certainly will apply to the Georgia case.
According to the lawsuit, Hannah Bruesewitz was a healthy infant until she received the vaccine in April 1992. Within hours of getting the DPT shot, the third in a series of five, the baby suffered a series of debilitating seizures. Now a teenager, Hannah suffers from residual seizure disorder, the suit says.
The vaccine court earlier rejected the family’s claims.
Wyeth lost another high court fight last year over whether federal law barred lawsuits against drug makers. That case, involving a botched injection, asked whether federal law included an implicit prohibition on the lawsuits. The court said it did not.
In this appeal, however, Congress clearly laid out how claims over vaccines were to be made, and the court has repeatedly ruled against plaintiffs when Congress has explicitly sought to bar lawsuits.
Other than the Georgia court, state and federal courts have uniformly invoked a provision of the 1986 federal law, which seems to bar most lawsuits against vaccine makers.
The idea behind the National Childhood Vaccine Injury Act was to ensure a stable supply of childhood vaccines by shielding drug makers from most lawsuits, and setting up a federal vaccine court to handle disputes. The law would serve to block state laws that otherwise would give families the ability to sue the manufacturers.
In recent years, the legal fight has frequently come from families of autistic children claiming that mercury-based thimerosal is linked to autism. Numerous studies have addressed vaccines and autism and found no link, including with the preservative.
Thimerosal has been removed in recent years from standard childhood vaccines, except flu vaccines that are not packaged in single doses.
Last year, special masters appointed by the vaccine court concluded that vaccines aren’t to blame for autism, disappointing thousands of families hoping to win compensation and others who remain convinced of a connection.
But the vaccine court still must rule on additional cases that argue that vaccines with thimerosal are to blame, if the mercury reached and damaged brain cells.
Click here for the full report.
The Kevin Trudeau Show: 2-24-10
Today, Kevin explains who really controls the mainstream media outlets and gives you detailed proof that they are deceiving the public, especially with his court proceedings. Plus, find out how high fructose corn syrup is like crack cocaine!
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The Kevin Trudeau Show: 2-23-10
Today, Kevin risks his own freedom to give YOU the truth! Find out why the FTC is going after him and not McDonald’s or Big Pharma and why the first amendment apparently doesn’t apply to him.
Plus, get the headlines you won’t hear from the mainstream media:
Big Pharma Researcher Admits to Faking Research!
GlaxoSmithKline Hid Evidence of Avandia Harm
Pfizer Found Guilty of Criminal Fraud
Hospital Infections Have Killed Over 48,000 People
Acne Drug has Side Effect of Death
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More People Dying Of Infections Acquired At Hospitals
February 23, 2010
Reuters
Pneumonia and blood-borne infections caught in hospital killed 48,000 patients and cost $8.1 billion in 2006, according to a report released on Monday.
The study is one of the first to put a price tag on the widespread problem, which is worsening and which some experts say is adding to the growing cost of healthcare in the United States.
“In many cases, these conditions could have been avoided with better infection control in hospitals,” said Ramanan Laxminarayan of Resources for the Future, a think tank that sponsored the study.
Sepsis — a blood infection — killed 20 percent of patients who developed it after surgery, Laxminarayan and colleagues reported in the Archives of Internal Medicine.
They studied hospital discharge records from 69 million patients at hospitals in 40 U.S. states between 1998 and 2006, looking for two diagnoses — hospital-acquired pneumonia and sepsis.
Patients who developed sepsis after surgery had to stay in the hospital on average nearly 11 days extra, at a cost of $32,900 per patient, they found. And just under 20 percent of them died.
Pneumonia patients stayed an extra 14 days after surgery, at a cost of $46,400 and more than 11 percent of them died, the researchers found.
“That’s the tragedy of such cases,” said Anup Malani of the University of Chicago, who worked on the study.
“In some cases, relatively healthy people check into the hospital for routine surgery. They develop sepsis because of a lapse in infection control and they can die.”
The researchers said that 1.7 million healthcare-associated infections are diagnosed every year.
Many are due to drug-resistant bacteria, such as methicillin resistant Staphylococcus aureus or MRSA, which cost more to treat because only a few drugs can work against them. These infections can also be caught outside hospitals and some studies show that such community-acquired infections are also on the rise.
One estimate from Pfizer Inc suggested that treating MRSA alone cost $4 billion a year.
Measures to prevent infection are simple and include careful handwashing, hygiene and screening patients when they check in. However, these measures are difficult to enforce, many studies have found.
Click here for the full report.
Top Lobbyist for Pharmaceutical Industry Resigns
February 12th, 2010
Reuters
Pharmaceutical Research and Manufacturers of America (PhRMA) President and CEO Billy Tauzin said late Thursday he was resigning effective June 30 after five years as head of one of the most powerful lobby groups in Washington.
The group, which represents Pfizer, Merck and other top drugmakers, has been one of the biggest backers of Democrats’ legislation to expand access to health insurance, among other reforms.
“The bottom line is: this is not good for the (healthcare) bill,” said lobbying expert James Thurber, head of the Center for Congressional and Presidential studies at American University. “PhRMA played a key role and without Billy Tauzin, who is trusted by both parties, there … it doesn’t help the cause for getting the reform through.”
PhRMA pledged to pay $80 billion over 10 years in price cuts and other concessions as part of a deal with the Obama administration and top Senate Democrats last June. The cost was seen as a small price for the $315 billion drug industry to pay in exchange for potentially 30 million more insured customers.
In a statement, Tauzin said he had committed to serve PhRMA for more than five years and would meet his obligation this June.
Still, his departure adds uncertainty to the future of Democratic legislation currently stalled in Congress and PhRMA’s deal. Despite the industry’s backing, Democrats are struggling to find a path forward to pass a final measure after losing their supermajority in the Senate last month.
‘STRATEGIC BLUNDER’
Tauzin, who served 26 years in the U.S. House of Representatives first as a Democrat before switching to the Republican party, was the major force behind PhRMA’s deal. His group reported spending $26,150,520 in 2009 for lobbying, according to the nonpartisan Center for Responsive Politics.
“His members think he gave away the farm for nothing. So he was really tossed because of a falling out with the board over miscalculating how to negotiate,” a source familiar with the situation said.
Another industry source, however, said Tauzin’s move was not linked to reform but rather a personality clash between the former Louisiana lawmaker and incoming PhRMA chairman, Pfizer CEO Jeffrey Kindler — a Democrat who replaces current PhRMA chairman and AstraZeneca CEO David Brennan on March 18.
However, both PhRMA and Pfizer said the two men looked forward to working with each other.
“Billy has great relations with our board members,” said PhRMA Senior Vice President Ken Johnson.
Brennan added the group was grateful for Tauzin’s “strong leadership and many accomplishments … including his efforts to bring about healthcare reform.”
Still, Republican strategist Scott Reed cited flaws with Tauzin’s approach, saying he “got seduced by Obama world, and it turned out to be a strategic blunder for his industry.”
It is unclear what changes, if any, PhRMA would make in pressing the case for health reform as Democrats try to ramp up support, or what impact the change could have on the industry. PhRMA’s steep pockets all but guarantee its continuing role in shaping health reform negotiations going forward.
As for Tauzin, his tenure is probably best marked by his vocal support for the industry after surviving cancer. He denied his departure was due to any illness. His plans include writing a book, traveling and consulting, a PhRMA source said.
“As the first-ever cancer patient to lead PhRMA as its CEO, I now believe it is time I move on,” Tauzin wrote. “My health is excellent and I look forward to exciting new challenges ahead.”
Click here for the full report
Pfizer Triples Profits to $767 Million
February 3, 2010
Raw Story
By AFP
Pharmaceutical giant Pfizer said Wednesday fourth-quarter net income nearly tripled from a year ago to 767 million dollars, boosted by the acquisition of rival drugmaker Wyeth.
Pfizer, the maker of blockbuster cholesterol treatment Lipitor and Viagra for erectile dysfunction, said the results pushed its yearly profit for 2009 up seven percent to 8.6 billion dollars.
Revenues for the world’s biggest drugmaker rose 16 percent in the October-December period to 16.5 billion dollars, and for the year were up four percent to 50 billion dollars.
“During the fourth quarter, we closed the Wyeth acquisition and immediately began the integration of our operations, advancing the transformation of the company,” Pfizer chairman and chief executive Jeff Kindler said in a statement.
“We are pleased with the rapid pace of the integration and our ability to quickly realize the benefits of our combined organization. We remain excited about our more diverse in-line product and pipeline portfolio, which we expect will result in improved opportunities for the company in 2010 and beyond.”
The fourth quarter results amounted to a profit of 49 cents a share excluding special items, a penny below Wall Street forecasts. Revenues meanwhile were better than expected.
The jump in profits in the quarter also reflected the prior year’s charges due to litigation over its pain medications Bextra and Celebrex, and from cost cutting. Another factor was the divestment of biotech unit Vicuron required under the Wyeth tie-up.
The company’s 2010 outlook was below forecasts calling for per-share profit in a range of 2.10 to 2.20 dollars instead of 2.27 dollars expected. But its revenue outlook was better than anticipated, a range of 67 to 69 billion dollars.
Click here for the full report.
The Kevin Trudeau Show: 1-19-10
Today, Kevin is back LIVE!!! Find out why Kindles might possibly be the scariest things he’s ever seen and why people are starting to get violent over a lack of fast food.
Get the news you won’t hear from the mainstream media!
FDA Warns Drug Companies for Misleading Public
FDA Will Not Regulate BPA
7 Foods You Should Never Eat
This is What Schools Are Serving Your Children
Putin Bans U.S. Imported Chickens
Popular Drugs Recalled For Mold
Side-Effects of Pfizer’s Quit-Smoking Drug
Psychiatrist Wrote 1,000 Prescriptions Per Week
Plus, Dr. Bob Marshall of Quantum Nutrition Center stopped by to explain why vitamins and mineral supplements from health stores are so toxic to your body.
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Nasty Side-Effects from Pfizer’s Quit-Smoking Drug
january 15, 2010
Reuters
By Ransdell Pierson
Three personal injury lawsuits were filed against Pfizer Inc (PFE.N) on Thursday, claiming its smoking cessation drug Chantix caused attempted suicides and death.
The lawsuits, filed in New York State Supreme Court in Manhattan, claim that at the time the plaintiffs took Chantix, Pfizer did not tell doctors and patients about dangers it allegedly knew were related to the drug, including depression and thoughts of suicide.
Although Pfizer subsequently added warnings to its package insert, the law firm that filed all three lawsuits alleged the drug’s label is still inadequate.
Pfizer introduced Chantix in the United States in 2006, hoping it would become a multibillion-dollar product and revive flagging profits. The drug’s sales have fallen off as concerns about side effects increased.
Chantix sales fell 15 percent to $155 million in the third quarter of 2009.
Attorney Marc Grossman alleged in the lawsuits that the company “intentionally, recklessly, and/or negligently concealed, suppressed, omitted, and/or misrepresented the risks, dangers, defects and disadvantages of Chantix.”
Grossman is with Sanders Viener Grossman LLP in Mineola, New York.
Two lawsuits claim the plaintiffs tried to kill themselves as a result of using Chantix. The third is a wrongful death lawsuit filed on behalf of Indiana resident Annette Pine, claiming she committed suicide after using Chantix.
The lawsuits seek trials by jury, punitive and compensatory damages, medical and legal expenses, and, in Pine’s case, funeral expenses.
Pfizer issued a statement defending the drug, approved in some 86 countries as a smoking cessation aid.
“At all times, Pfizer has clearly communicated important information about the safe use of Chantix, which is available only with a prescription,” Pfizer spokeswoman Sally Beatty said in the statement.
“We intend to vigorously defend this medicine,” she said, adding that Chantix has helped many smokers to quit.
The lawsuits claim that each of the plaintiffs used the drug properly. They also claim that in each case the plaintiffs and their doctors were “not aware and through diligent efforts were not able to discover the risk of serious injury, and/or depressed mood and/or suicide associated with and/or caused by Chantix.”
Click here for the full report
More Lawsuits for Pharmaceudical Companies
January 8, 2010
Natural News
By Paul Louis
Donna Kendall was awarded a $6.3 million compensation with $28 million added for punitive damages in her suit against Pfizer this past November. The jury in Philadelphia awarded the punitive penalty after determining that the hormone therapy drugs Premarin, Prempro and Provera caused her breast cancer due to reckless action or inaction by the pharmaceutical companies involved.
Premarin and Prempro were manufactured by Wyeth, which Pfizer purchased recently for $67 billion. In 2003, Pfizer purchased the manufacturer of Provera, Pharmacie & Upjohn. With the help of these acquisitions, Pfizer has become the largest drug manufacturer in the world. According to a Reuters report, Pfizer may have inherited hundreds of more pending cases with those three recently purchased companies.
Before the Kendall case, Wyeth was successfully sued for $79 million in total compensatory and punitive damages. Pfizer seems to take these punches in stride. Of course, they will oppose the decisions and appeal to higher courts. But there was a court decision before these that Pfizer cannot oppose or appeal.
In early September 2009, Pfizer agreed to pay out a total of $2.3 billion, considered a record settlement for a drug company. The civil lawsuits and regulatory fines will be distributed throughout most of the country as a result of a years-long Department of Justice (DOJ) investigation.
But the New York Times considers this a sneeze for Pfizer, mentioning that “While the government said the fine was a record sum, the $2.3 billion fine amounts to less than three weeks of Pfizer’s sales.”
The DOJ was after Pfizer and its subsidiaries for illegal activities and “off label marketing” — the marketing of drugs for uses other than what the FDA approved. The illegally marketed drugs were the pain killers Lyrica and Bextra, the antipsychotic Geodon, and the antibiotic Zyvox. Zyvox was actually marketed for illnesses on which it had no effect.
In addition to seminars for physicians to promote drugs outside of their approved use, kickbacks were offered to physicians for prescribing drugs outside of FDA sanctioned uses. This is the fourth time Pfizer has agreed to a large settlement over fraudulent marketing since 2002. (Salon, source below)
Since 1999, other drug makers such as Eli Lilly and Merck have also incurred huge settlements. But this doesn’t seem to slow Big Pharma down. They just raise prices and create demands for drugs and vaccines even if they harm more than heal.
Click here for the full report
The Kevin Trudeau Show: 12-9-09
Today, Kevin gives you the news you won’t hear from the mainstream media and the Editor-In-Chief of Big Government, Mike Flynn, stops by to blow the whistle on government corruption.
Junk Food Controls Your Brain
9 Unexpected Things in Drinking Water
Pfizer Alters Study for Epilepsy Drug
Cancer In The Kitchen
Healing Power of Apple Cider Vinegar
Tamiflu Not Proven to Cut Flu Complications
Medically Caused Death in America
Diabetes Drug Increases Cancer Risk
Al Gore Knowingly Deceived the Public
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