>> Welcome to “LawCall.” We are going to take your calls about drugs and medical devices. What can you do if the pills you were prescribed are more harm than good? We’ll take your questions tonight, so give us a call. The number will be on your screen. Also, we’ll make sure what not to do when per solution your personal injury claim and not every lawsuit has merit. We will tell you why there are so few frivolous lawsuits out there. Tonight’s question comes from rosy, she says I got caught in a mob and a couple of men started taking swings by each other, I was hit and got stepped on my several people, I was hurt. Do I have a claim with the store or the guy who hit me? What do you think, Nate?
>> Interesting question.
>> You see those things on video and TV, right?
>> Yeah. You are never going to see me at one of those. You would have a claim against a guy who hit you; it would be an assault claim. As far as a claim against a store, I think that these days, they should know they are about to have an influx of patrons and they need to take reasonable steps to keep everybody safe. Can they prevent two guys swinging at each other over a flat screen TV? Maybe not, but could they have done something to keep you from getting hit? Maybe.
>> Thank you. For more information, you could head to deliveringjustice.com or go to wbrc.com and click on the “LawCall” icon.
>> Is there anything you should do or not do after an accident? One wrong move at a critical time and you may never be able to recover from the party responsible for your injuries. We talked about what to do if you are injured. Of course, you should immediately seek medical attention. Always a good ides to take notes, but is there anything you shouldn’t do? Absolutely. Watch what you say or sign until you have consulted with an attorney. Don’t downplay your injuries. Saying you were fine at the scene may come back to haunt you. Don’t make any kind of statement until you have consulted a lawyer. And never, ever attempt to negotiate with an insurance adjuster or sign any settlement without consulting an attorney. If you have a question, send it along to lawcalltv.com. I’m Kirby Farris.
>> Well, we are lucky to have an expert. Dangerous drugs and devices is our topic. We have Nate Vanderveer here to answer your questions. He’s eager to talk to you. If you are watching tonight, pick up the phone. 855-law-1955. Tell the folks about your law practice and your expertise in this field.
>> Yeah, thanks. Pleasure to be here. I have been with Farris, Riley and Pitt for long enough to know it is a great firm. Great trial lawyer, Kirby Farris. My niche is medical devices and drugs, but the firm handles trucking cases, garden variety car wreck cases, so we have to field pretty well covered.
>> We are glad to have you here. We have folks that want to talk to you, so we’ll begin with jenny. Welcome to “lawcall”.
>> Hello. How are you tonight?
>> Good. I am calling about an antibiotic I took for a respiratory infection and I recently read an article that this antibiotic is causing nerve damage to the feet. I called the phone number to get information. Turns out it was an attorney. They were from out of state, explained this would not be a class action lawsuit, no charge if they didn’t win my case. I have had one paralegal representative after another call, and I finally had to ask them not to call anymore, that I needed to do a little investigating on my own. So they e-mailed an agreement for me to sign and return to them, which I have not. I want to know if this is something your firm or a more local attorney might handle. I don’t want to deal with people that I can’t see or I don’t know. If you have any knowledge of this particular medication —
>> Sure. We have investigated these claims. The key inquiry, jenny, would be did you take the generic form or brand name. If you took the generic, unfortunately there’s probably not anything we could do. There’s some bad law out there that sort of shields the generic manufacturers or immunized them from lawsuit. I’d be happy to look into it for you, and I can understand wanting to talk to a local firm.
>> And how do you move forward? There’s various consequences to medication, but maybe someone is taking something and they see an ad pop up or find out information. What are the steps someone should take if they are on a drug and say wait, maybe there’s a connection to problems I am having?
>> Sure. That’s always — is it too late if you already had the side effect, you hope it is not permanent, but the internet is a great source, but really, you can only believe about half the things you read. If it’s already attorneys are advertising for it, there might be something more to it. Certainly time is of the essence for any claim. Every day that goes by, you could be jeopardizing your rights. Let’s hear from tony tonight. Hey, hello. Are you on the line? We are waiting on tony to call back. I guess, if you will, explain cases you are working on that folks might be interested in learning more about.
>> Yeah. Definitely. So the firm is handling a wide variety of medical divides and drugs now. Some cases that we are litigating are the IVC filters, basically a blood clot filter, then a blood thinning medication called Xarelto. You may have seen the commercials with the comedian. We are seeing tremendous amount of excessive bleeding evens, maybe bleeding on the brain. With the retrievable filters, the ones that are supposed to be removed after the FDA says about 5 days max, we are seeing them break apart, travel to other areas of the body and injure people. So those are two of the big ones now. We are still doing a lot of transvaginal mesh work, so a number of different things.
>> Okay, we will take a break and when we come back we will talk more with your callers and ask you more about your practice, what you are working on. We’ll be right back.
>> Welcome back. We hear a lot about unnecessary lawsuits. Bob prince will separate fact are fiction.
>> Some people think frivolous personal injury cases are clogging the system. Let me tell you things about issues you may not know. First, the bar association has ethical rules preventing lawyers from filing frivolous lawsuits. We can be case barred, suspended. Secondly, a judge has the right to throw that case out and many times they do. And third, and most importantly, lawyers work on a contingency basis. That means they not only gamble their time, they spend their money on things like deposition costs, expert witnesses. It can be thousands of dollars. That’s a reason why that because of costs, lawyers don’t file frivolous lawsuits. Put all this together and here’s what you are going to find out about a frivolous lawsuit. They are rarely filed, if ever, because there are in safeguards in place to prevent abuse. That’s your legal brief for tonight. I’m bob prince. Back to you guys.
>> Well, we are discussing dangerous drugs and devices.
>> If you are watching at home and have a question, maybe there’s some medicine you have been on or you are having a reaction to something, tonight is an opportunity to call and get legal information about your situation. The number is on your screen. We have Linda calling. Let’s talk to Linda. Hello.
>> Caller: yes. I’m on a subscription that has a recall for bleeding, and my heart is bad and they cannot put me to sleep to check it. And I don’t know what else to do. I mean —
>> Linda, do you know the — you mind telling us the name of the drug?
>> Blood thinner. I had a stroke years ago, a couple of heart attacks.
>> We definitely handled a lot of Pradaxa claims. The claims were involved in a global settlement process, so if it’s something that you would be interested in us looking into, give us a call or give a lawyer a call, not just us. There are many lawyers that handle these cases. We’d be interested in investigating yours, but sound like you are stuck between a rock and hard place with some of your medical history and the problems associated with this drug, so maybe something we can help you with.
>> Let’s hear from josh. Hey.
>> How’s it going?
>> Yes. How are you?
>> Good. Thanks.
>> I have neck surgery, and it — [inaudible] would that be something I could get help with?
>> Would he have a claim?
>> Yeah, I don’t know, based on though limited facts, you may have a claim against the surgeon, but I could tell you, spinal fusion, spinal surgery, it’s got its risks. Obviously, uh talking about a sensitive area of your body and it comes with complications. Everyone some successful surgeries, a good fusion can put vein strain on the vertebral bodies above and blow. So it is hard to tell right off the bat, but something that if you are interested, I would continue to investigate it.
>> All right, so be willing to maybe call an attorney and talk through your case. We have Kelly next. Hey.
>> What’s going on?
>> I have a question about estrogen pills and creams directly linked to breast cancer. Any cases dealing with that?
>> You know, I have not investigated that. I do know that with some of the hormone replacement therapy drugs, that there was some scuttlebutt about issues with cancer. I can’t say I have heard of it with the estrogen creams, but one of the other budding torts now is the testosterone therapy in men, the fountain of youth that now we are seeing increases the likelihood of heart attacks, blood clots, so nothing would surprise me, Kelly.
>> Talk about the informed consent process. What do folks need to know?
>> Great question. That’s the basis of a lot of these drug and device cases, is that when we go and sit with our physician, and have a decision — have a discussion about a prescription device or medication, we need to be prepared to engage the physician to the extent possible regarding the risks, as well as the benefits of that particular treatment, and a lot of times to physicians themselves are kept in the dark with a lot of risks by the manufacturers, but I still think that we, as patients, can really play more of an active role in that, and prevent a lot of preventable injuries from drugs and divides.
>> So when you go to the doctor and the doctor wants to put you on medicines to help your situation or surgery, you food to ask, what are the pros and cons of the medicine, do a little research yourself, to find out if there are any lawsuits or adverse effects?
>> Yeah, I don’t think that would hurt. Be careful with what you read, but all drugs and divides are supposed to come with instructions for use, directions for use and warnings. A lot of times they will have the clinical trial information in there, if the clinical trials were done, so you want to know if history and the post-market surveillance, how has that drug or device performed on open market after it’s been approved or cleared.
>> Fair much. We have Laura calling.
>> Hi. How are you doing?
>> Thanks for being on, because I ever a good question for you. I was recently diagnosed with lupus back in august. I’m on [indiscernible] three times a day, 1,000 milligrams of day. I had thrash of the tongue and everything, because too much antibiotics. Okay, this occurred again, numbness in my hand, three days, no use of it, and I’m now having like breaking out from the bottom of my spine, follows all the way up, and I’ve got to find out what’s going on. I mean, this drug is to me, too0 many side effects and I have called my doctor, and they will not return my calls. I’m under his supervision and —
>> Well, I’m sorry to hear that you are having problems. Lupus is a pretty serious medical condition that I would imagine your doctors wanted obviously to treat, to the extent possible. The Paquinel will carry some of the side effects you mentioned, so it is weighing the risk versus the benefit. Is the lupus — are you better off dealing with the lupus many a different way and not have the side effects? Is it just the drug? Is it a combination of something else? I’m just a lowly lawyer. Sees like you need to talk or a physician and don’t let us hold you up if you need to go to the ER tonight.
>> Call us with your questions. We will be right back.
>> December 6, we will discuss fighting the insurance company. December 13, ask us anything. Always a fun show. Come back for that one. December 20th DUI. We hope you call us with any questions you have pertaining to those topics. Hard to believe we are going through December. Christmas will be here before we know it. Bob prince, you could call him at 800-536-1105 or prince due.net. Knit other questions tonight, we had Nate on; you could call him at 324-1212 or deliveringjustice.com. So the attorneys always say if1 you call them, if there’s a question on your mind tonight and we are not able to take your calls, then call them, call the office tomorrow. If they can’t help you with what is going on, they would be more than happy to point you to an attorney who specializes on what is going on. That’s why we are here, that’s why we do the show. So we have — see if we have Elizabeth on the line tonight. Are you there?
>> Hi. How are you doing?
>> I have a question about — I have been on seizure medicine for a very long time and it has ruined my teeth, and I was wondering if you heard of any cases about that or what to do.
>> Well, I have heard of that particular adverse event with a lot of medications, unfortunately. It really goes back to basically, everything in our life, we deal with little risk, whether it’s getting in a car, getting in an airplane, but is the benefit of what we are considering, what we are contemplating, is it outweighed by the risk. I don’t know how aggressive your seizures are, are they controllable otherwise. If they would just make it impossible for you to have any quality of life, maybe this medication, yet it is wrecking your teeth, but it helps you otherwise. So that’s the issue that you have to weigh, but I don’t think2 that it would be — it doesn’t sound like it would be a case.
>> Well, how does someone find out if the medicine they are take organize a device they had through surgery put in, how do they find out if it’s been recalled or if there is a lawsuit filed because of adverse effects?
>> The FDA actually does a pretty good job of tracking and trending adverse events, the manufacturers are supposed to do a lot of post-market surveillance and report. You could go to the FDA’s web site and plug in any drug or device, and typically get pretty good information about it. And otherwise, a firm like ours, some of the other firms, generally, we’ve got a pretty good idea of the lay of the land as far as bad, good, indifferent on the market right now.
>> All right. Let’s hear from Delores.
>> How are you doing?
>> I was calling, why don’t we have like — generic and brand names, and do we have a — if we want brand names — I have a child, she was — but they give her generic, but it’s [indiscernible] and it do the opposite, side effect. Yeah, I mean, that’s the million dollar question. Generics came — try to give you the reader’s digest version here, because we don’t have a long enough show, but generic’s came on the market in effort to drive down cost of drugs. Now, with that came with problem of — you may literally be prescribed the brand and then by the time you get to the3 pharmacy, your insurance company says you are getting generic. You don’t even know, you just lost your rights if that drug hurt you, so we are hoping the FDA will step up and do something about this, and we think there is a change a-brewin’. Can you work with your insurance company? Or is that a difficult process? You have to choose the cheaper drug? Or pay the difference?
>> There you go. It is a matter of, as all things are, it is a matter of money. If you are willing to pay for the brand, I would imagine your insurer would say go ahead. But if —
>> That’s why you have insurance in the first place. Let’s hear from Janet. I think we have about a minute left. Go ahead. Hey, Janet. Okay, we’ll hold on Janet. So any last nugget of information that you would pass off to our viewer tonight who are watching?
>> Sure. Report. If you think that you had an adverse event with a drug or device, report it to the FDA. There’s a reason they track and monitor that stuff. If it goes unreported, the FDA might not realize that there’s a bad drug or device on the market. And be open with the communication with your doctor.
>> Absolutely, 100%.
>> All right. Thank you very much. Again, Nate Vanderveer with the law firm of Farris, Riley and Pitt. We’ll see you next week for another edition of “Lawcall.”