The Right Focus on Tort Reform

Written by Richard Martin

The recent headlines about Merck's Vioxx withdrawal andrepparttar FDA's move to ban ephedra have brought a lot of media attention torepparttar 119225 growing area of drug litigation. On April 12, 2004repparttar 119226 FDA published a rule banning health supplements that contain ephedra alkaloids. The FDA concluded thatrepparttar 119227 limited short term weight loss effects were outweighed by possible heart problems and stroke risks. The market gap caused byrepparttar 119228 banning of ephedra has been filled by many new companies that are marketing products similar to ephedra. However, these “ephedra alternatives” may not be any safer thanrepparttar 119229 banned ephedra that they replace. The FDA's ephedra ban, and Merck's Vioxx withdrawal have been hot news topics. These drug recalls and ephedra banning have brought lawsuits from many different angles. Obviously, some people think that some ofrepparttar 119230 lawsuits will be frivolous. In fact, there has been a lot of news duringrepparttar 119231 last decade about “frivolous lawsuits” brought by injured consumers against large companies for defective products. However, according to one report from Public Citizen ( ), businesses file many more timesrepparttar 119232 amount of lawsuits than consumers do and are more likely to be sanctioned by a court for bringing a frivolous claim.

The New Drug Recall Lawyers

Written by Richard Martin

Givenrepparttar monstrous size and profitability of drug companies, some plaintiff lawyers are considering focusing more of their practice on drug litigation. In fact, shortly after Merck's announcement ofrepparttar 119224 Vioxx recall, some large plaintiff firms started aggressive media campaigns aimed at bringing in prescription drug injury victims. The media blitz has been non stop. Billboards, TV, web marketing, radio, and direct mail are just some ofrepparttar 119225 marketing vehicles that attorneys have used to try and find new cases for them to work on. Many plaintiff law firms are no longer focusing on chasing run ofrepparttar 119226 mill car accidents. Some of them have gone so far as to reposition themselves as “drug recall lawyers,” seeing thatrepparttar 119227 future of their practice may be shaped byrepparttar 119228 initial outcome of these new pharmaceutical cases. When Merck chose to withdraw Vioxx,repparttar 119229 CEO stated that a voluntary recall wasrepparttar 119230 responsible course of action. Prior to pulling Vioxx fromrepparttar 119231 market, Merck was spending $500 Million per year on advertising Vioxx. Vioxx is classified as a non-steroidal anti-inflammatory drug, or NSAID. However, Vioxx belongs to a new family of NSAIDs called “COX-2 inhibitors.” There are not many COX-2 inhibitors onrepparttar 119232 market inrepparttar 119233 US: Bextra and Celebrex may berepparttar 119234 only other two.

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