Columbus, Ohio Attorney Blog - Robert W. Kerpsack Co., L.P.A.

Schizophrenia is a difficult disorder to treat, and there are two sets of medications for it. When the older set (e.g., Haldol) fail to be effective, there is a newer set called Atypical Anti-psychotics which usually does a better job.

Three of the newer set are Clozaril, made by Novartis, Risperdal made by Eli Lilly & Co., and Zyprexa, also made by Eli Lilly more recently. Then along came Seroquel in 1997. It was made by Zeneca Group, which is the pharmaceutical and biosciences section of a British firm, Imperial Chemical Industries (ICI).

In 1999, Zeneca merged with a Swedish company called Astra. The company named itself AstraZeneca and placed its new headquarters in Fairfax, Delaware. Seroquel, (generic name Quetiapine), is AstraZeneca’s #2 drug. Seroquel sales have been huge. Between 2004 and 2007, they almost doubled, to more than $4 billion.

Off-Label Marketing

All these atypical anti-psychotics have the side effects of causing:

• Weight gain
• Increased blood sugar level
• Diabetes

Three states have sued AstraZeneca for downplaying these side effects while promoting Seroquel among physicians for off-label use. The three states are Pennsylvania, Montana, and Arkansas. Among the allegations made in these lawsuits are that AstraZeneca:

• Somehow manipulated the Seroquel trials done for FDA approval, so as to prevent any detection of diabetes;
• Paid some physicians to attach their names to previously-written journal articles about off-label uses; and
• Targeted medical centers that treat children and the elderly; which thereby
• Defrauded Medicaid.

The claim is that AstraZeneca did these things to increase Seroquel sales to a blockbuster level.

Off-label use means uses not approved by the FDA. These are perfectly legal when decided upon by a treating physician. However, it is not legal to market a drug for off-label uses. Seroquel is FDA-approved for treating adult schizophrenia, but not for treating sleep disorders, children, or seniors with dementia. These are some of the off-label uses that AstraZeneca has promoted.

Delaware and several other states are now investigating AstraZeneca. More than 8,500 personal injury suits have been filed against the company over Seroquel. There may well be class action suits in the future.

If you have a child or an elderly loved one who has been given Seroquel, you might want to talk to their doctor about the side effects. If you have been harmed by any defective or improperly marketed drug, please call or email us to set up a free consultation.

According to the New York Times of August 14 this year, 2007 motorcycle deaths increased and accounted for about 12 percent of total motor vehicle deaths. This was a rise of about 6.6 percent, and the 10^th year in a row that such deaths have increased.

On the other hand, total deaths from car, truck, bicycle and pedestrian accidents fell by about 2,000 in 2007.

More Bikes on the Roads

The various experts interviewed and quoted gave several reasons for motorcycle deaths increasing, all of which were based on the premise that there are more bikes on the roads these days:

• With gas prices rising, more people are using bikes instead of cars to commute to work or for their personal traveling. On their bike they can get about 50 miles to the gallon.
• More people own motorcycles now, and apparently about 75 percent more bikes are registered now than were registered ten years ago.
• More middle-aged people are reverting to their bikes now that their children have grown up and become independent

With more bikes being used, it stands to reason that death rates would increase.

Fewer Helmet Laws

At the same time, fewer states are requiring helmet use. The National Transportation Safety Board states that 20 states currently have helmet laws, whereas in 1975, 47 states had them. These laws have always been controversial, as bike riders overwhelmingly prefer to have the freedom to ride without any helmet.

Ohio has a helmet law, but it applies only to riders under 18 and their passengers. Many feel it is too vague as to what an acceptable helmet is.

The Motorcycle safety Foundation has an excellent page on its website about DOT-certified helmets (Department of Transportation). It explain how and why they work, how to buy a good one, and how to care for your helmet.

At the law firm of Robert W. Kerpsack Co., we have had excellent results in defending motorcycle riders who have been injured. If you have been injured while riding, or if you have lost a loved one in a motorcycle accident, please call or email us to arrange a free consultation.

The American Association of Justice (the new name for the Trial Lawyers Association of America) has released its report on insurance company behavior. Researchers studied SEC and FBI records, state complaints and investigations, news reports, and thousands of court documents. They came up with ten insurance companies who won the distinction of being the worst in the nation for service to their policy holders.

Starting with the worst first, they are:

1. Allstate -- whose mission was quoted by its CEO as being “… to earn a return for our shareholders.” It advertises its “good hands” but quietly trains its agents to use a “boxing glove” strategy with policy holders.
2. Unum -- a leading disability insurer which consistently denies and delays claims.
3. AIG -- the world’s largest insurer, which has now been labeled “the New Enron” because of the multi-billion dollar charges of corporate fraud.
4. State Farm -- America’s largest property casualty insurance company, notorious for behavior such as forging policy holder signatures on earthquake waivers after the Northridge earthquake, and changing engineering reports after hurricane Katrina.
5. Conseco – which sells long-term care policies and uses delay tactics with its elderly policyholders, knowing that they will die before payment will have to be made.
6. WellPoint -- the nation’s biggest health insurer, which routinely cancels the policies of those who are chronically ill or pregnant.
7. Farmers -- typically at the bottom of homeowner satisfaction surveys, it developed an incentive program awarding pizza parties for adjusters who made the lowest payments.
8. United Health -- Notorious for late and low reimbursements, it has used AARP data to raise premiums on seniors.
9. Torchmark -- the holding company of subsidiaries which overcharge the poor for burial, cancer, and life insurance, and charge minorities more than whites.
10. Liberty Mutual -- which (like Allstate and State Farm) hired the consulting company McKinsey & Co. to strengthen its “deny, delay and defend” procedures – and is considered by regulators to be engaging in systematic bid-rigging.

Insurance bad faith is one of the areas of law that we offer at Robert W. Kerpsack Co. If you feel you have been deceived or given a runaround by your insurance company, please call or email us. We will be glad to give you a free case evaluation.

Yesterday Fox News reported on a 16-year-old girl in California who killed herself by driving drunk, speeding, and texting on her cell phone at the same time. She lost control, crashed, and died of head injuries. Phone records gave the time of her texting, and her cell phone was found open at her feet.

There have been other reports recently in the news about people injuring themselves by walking into light poles while texting, or by stepping out onto the road, preoccupied with texting instead of looking out for traffic.

As long as such behavior injures only the person doing the texting, it would seem rather like poetic justice. But of course, others could easily be injured if drivers are so distracted by texting that they ignore speed signs and don’t see other vehicles. A driver wouldn’t have to be texting to be distracted. Just dialing and talking on a cell phone while driving creates danger for that person and all other drivers or pedestrians nearby.

Driving while under the influence of alcohol is already dangerous and illegal. Speeding likewise. Texting or cell phone use is not illegal, but if it is done while driving, and contributes to a car accident, it is negligence. From a legal perspective, if you are injured in an accident at least partly caused by someone found to have been drunk, speeding, or texting, you may well have a valid legal claim.

If this has happened to you or to a loved one, please call or email our office for a free personal consultation and case evaluation.

Owners or previous owners of Ford Focus 2000 and 2001 models have been represented in a class action suit over the front end brakes. Plaintiffs claimed that there was a defect in the brake system that caused early wear and tear on the front brakes and rotors. They had to be replaced at a cost of several hundred dollars each.

The lawsuit, Ecker v. Ford Motor Co., claimed that Ford breached the express warranties that covered the 2000 and 2001 Focus models and violated two statutes. Ford has denied all this, stating that only a small group of people is involved and tthey are settling the case for Ford’s best interests, and that of its customers.

The settlement was approved on July 28 of this year in Los Angeles County Superior Court. Class members have until September 16 to fill out the claim form and submit it. They will be entitled to receive “reimbursement for parts and labor for a front brake pad and/or front rotor repair and replacement or rotor resurfacing…” as long as this was done within 18,000 miles from the date they purchased the car. If they paid for any subsequent similar repairs, they can receive reimbursement for those too, as long as they occurred within three years and 36,000 miles.

Some people have obtained their reimbursements already, with some as high as $1,200. The average amount so far is $350.

At Robert W. Kerpsack Co., we handle class action suits. If you are wondering whether you have a potential legal claim for a defective product, please contact our office for a free case evaluation.

On July 22 this year, Zimmer Holdings Inc. announced that it was taking its Durom Cup hip replacement device off the U.S. market. This device began selling in 2006 and has been implanted in about 13,000 patients.

This recall was triggered by a public warning letter issued by an orthopedic surgeon in Los Angeles. That was one Dr. Lawrence Dorr, the medical director of the Dorr Institute for Arthritis Research and Education. He is regarded as a leader in joint replacement surgery and research.

In his clinic, he found that of the 165 Durom hip cups that had been implanted, 14 of them needed further surgery within two years of placement. They had become loose and one had moved from its original position. Their fixation surface was not keeping them in place. This was after the X-rays looked good for the entire first year.

Zimmer is a manufacturer of surgical products and focuses particularly on joint replacement components, selling its products in over 80 countries. It was founded in 1927 and is based in Indiana.

If you have had a problem with any medical device used in your surgery, you may be able to file a legal claim against the manufacturer of that device. Even after a medical device has been approved by the FDA, it can turn out to be problematic for some people. Please call or email us if you would like to set up a free initial consultation with Robert Kerpsack.

On August 5, 2008, the U.S. Consumer Product Safety Commission (CPSC) announced a recall of KeO bicycle pedals which are made in France. They are distributed in the U.S. by Look Cycle USA, based in San Jose, California. About 40,000 pairs of these pedals are being recalled because the steel axle inside them can break.

So far, 14 reports have been submitted of incidents where a pedal broke, including seven which caused minor injuries such as bruises and cuts. These pedals have been sold separately from bicycles, between January 2004 and July 2007 and prices were between $100 and $500.

The recalled models are:

• KéO Classic
• KéO Sprint
• KéO HM
• KéO Carbon

You can see the model name on the side of the pedal, printed in white letters. The dates are stamped on the pedal. If you have any of these pedals, you should stop using them and take them to an authorized Look Cycle dealer.

Alternatively, you can call Look Cycle USA at 866-430-5665 between 8 a.m. and 5 p.m. Pacific time on weekdays. Their website is at www.lookcycle-usa.com.

Defective products are being recalled constantly. At Robert W. Kerpsack Co., we have a lot of experience winning fair compensation for people injured by hazardous products. If you have been injured in this way, please call or email us today for a free consultation.

In late July, the insurance company Amerigroup Corporation agreed to settle a lawsuit for $234 million. This all began with a whistleblower lawsuit initiated by one Cleveland Tyson, who had been Amerigroup’s vice president of government relations. The federal government joined this lawsuit. The settlement amount is decided upon, but no papers are signed yet.

Amerigroup had a contract with the Illinois Department of Public Aid (IDPA) and were supposed to provide health care to people on Medicaid. In 2007, a Chicago federal judge ordered Amerigroup to pay $334 million plus legal fees after the jury decided that Amerigroup had avoided enrolling people with expensive health problems, and pregnant women in their third trimester. At the same time, Amerigroup was accepting IDPA payments from the government based on the company providing health care to all Medicaid enrollees.

This was insurance fraud. The jury verdict was awarded under the False Claims Act and the Illinois Whistleblower Reward and Protection Act, and is the largest such verdict ever awarded.

Amerigroup appealed this verdict and after the case went before the 7^th U.S. Circuit Court of Appeals in Chicago, settlement talks began, leading to the reduced settlement amount of $234 million. Of that amount, $225 million will be paid to the federal government and the state of Illinois, and $9 million will go for legal fees. The whistleblower is entitled to receive something between 15 percent and 25 percent, according to federal whistleblower law.

Gregory Fishman worked for the Triborough Bridge and Tunnel Authority between 1991 and 2006 as a bridge and tunnel maintainer. This week a federal jury awarded him $235,000 for emotional pain and $500,000 in punitive damages for religious discrimination.

The lawsuit was filed in 2004, after Fishman had been in a meeting with Peter Senesi, the general manager of the Queens-Midtown tunnel. They had been discussing Fishman’s attendance record. Fishman overheard Senesi use an expletive while referring to him as a Jew.

A month later, Fishman earned the third highest score in an exam for promotion to Permanent Level II Maintainer; but Senesi passed him over and promoted others who had scored lower. In February 2005, Fishman filed a complaint with the Bridge and Tunnel Authority’s equal employment opportunity office. In March, he was demoted and lost $8,000 in salary.

A few months later, Fishman asked for time off for knee surgery. Despite the agency doctor’s statement that he could not work without that surgery, the time off was denied. Fishman now lives in Texas and has been unable to find a steady job.

The judge in this case has not yet decided whether he should receive $1 million in lost pay as well as the $735,000.