Lipitor 2015 Litigation Update: More than 1,600 Diabetes Lawsuits Have Been Filed

lipitorPretrial proceedings are underway for Lipitor lawsuits. In case you’re not familiar, Lipitor is a statin drug, once the best selling drug in the world. Until it’s patent expired in 2011, it was responsible for one-fifth of Pfizer’s revenue. It works by blocking the fatty LDL cholesterol in the blood stream, and protecting from heart disease and stroke.

The problem with the drug is it causes diabetes, particularly in women. A 2012 study found that women who took Lipitor (and other similar statin drugs) were 50% more likely to develop diabetes compared to women who didn’t take any statins. After the study, the FDA ordered Pfizer to add warning labels to the box. But, the lawsuits claim that Pfizer knew about the link to diabetes long before the FDA ever made them slap a label on the drugs. And that’s what the Lipitor diabetes lawsuits are all about.

The cases have been consolidated for pretrial proceeds as an MDL (multi-district litigation), which has been centralized before U.S. District Judge Richard Gergel in the District of South Carolina. Consolidating these cases makes it easier on everyone, it avoids pretrial rulings that may conflict, and makes it easier for all of the parties involved, not just plaintiffs and defendants, but their experts and the courts.

In September 2014, Judge Gergel ndicated that the first bellwether trial will begin in October 2015. At that point, there were more than 1,250 lawsuits pending against Pfizer, all alleging that the drug caused diabetes. According to the case list for a January 22nd status conference, Lipitor lawsuit complaints rose from 1,478 as of December 15, to 1,604 as of January 15.

A “bellwether” trial will go forward in October 2015. Judge Gergel will select this case from a current pool of 12 “initial discovery” cases reduced to a group of six, with each side identifying three cases that will be eligible for the first trial. The judge would then randomly select one of the remaining gasses to go forward as the first trial. The outcome of bellwether trials are not binding on other lawsuits, but they are always closely monitored by lawyers involved in the mass tort litigation, and they may influence future settlement offers and negotiations.

Did United Airlines Violate It’s Own Low Fare Guarantee?

unitedairlinesI closely follow personal injury litigation news, and sometimes see stories of antitrust, employment and consumer fraud lawsuits. As a frequent airline traveler and student pilot, I’m always interested to read stories involving airplanes, airlines and the business of aviation.

So when I saw a headlines about Scott Coulier’s lawsuit against United Airlines, I was interested. Here’s the scoop:

Scott Coulier, of Peoria County, Illinois says he bought three one-way tickets to Orlando International Airport on January 27, 2014, for travel in March 2014. He paid $182 each for the tickets. He filed suit, because he believes he could have purchased the same tickets from United.com if he bought them separately instead of together.  I have no idea why he bought three one-way tickets instead of round-trip, but I assume he had a good reason.

United Airlines has a policy that gives travelers incentive to search for the best deal. According to the lawsuit, If a ticketholder finds a ticket for the “same flight, itinerary and cabin at a price lower that the fare offered on united.com by $10 or more, we’ll make up the difference and give you a $100 USD Electronic Travel Certificate.” Coulier alleges in the suit, that despite their Low Fare Guarantee, United does not provide consumers purchasing airline tickets the lowest available fares when multiple tickets are purchased at the same time for passengers traveling on the same flight. This happens allegedly, because United doesn’t deplete “tickets that are available for the same flights in lower fare classes first and only charging the consumer for the limited and necessary number of remaining fares at higher fare classes.”

The case is Scott Coulier v. United Airlines Inc., case number 4:15-cv-00190, in the U.S. District Court for the Southern District of Texas. It was filed Wednesday, January 21st. Coulier is the only named plaintiff, but it potentially opens up a case for others who bought two or more airline tickets from united.com in a single transaction during the class period. In this case, the class period dates back four years ago.  The suit seeks undisclosed damages and to prohibit the airline from repeating the incident.

If the tickets were $182 each and he overpaid, I am really curious how much the single tickets cost. If he could have saved $150 ($50 on each ticket), is it really worth filing a lawsuit? Are other United travelers going to come forward? Will have to keep an eye on this one.

On a sidenote, I learned that American Airlines, my usual airline, also has a low fare guarantee.  Going to have to check and see on my next paid flight. They’re tricky though… you have to catch it by midnight on the day you make your purchase. Here is the fine print: ” If you find the exact same flight and itinerary for at least $5 less on another website on the same day you made your purchase and make your claim by midnight of the same calendar day, we will refund the difference in fare and give you a $50 promotion code for a future flight purchase.”

2015 Xarelto Litigation Update

xareltoBeing in legal marketing I keep close tabs on dangerous drugs. I’ve been closely following Xarelto problems since the FDA first issued a warning letter to Johnson & Johnson about their aggressive marketing and advertising campaign in June 2013.

If you haven’t heard of Xarelto, it is an anticoagulant – a class of drugs that prevent blood clots. Typically, anticoagulants are prescribed to people who are at high risk of stroke or heart attack, or who have recently undergone surgery. The major side effect of Xarelto and other anti-clotting drugs is bleeding. With the growing population of baby boomers, more and more people are going to need blood thinners to prevent blood clots and strokes.

For many decades, Coumadin (warfarin) was the blood thinner of choice. It is an effective drug, however, patients are required to adhere to strict monitoring and diet limitations. However, Xarelto, and cousin drugs Pradaxa and Eliquis, do not need strict monitoring, and there is no need to watch what you eat. There is one good thing about Coumadin, however. It has an antidote. In the event of a hemorrhage, Vitamin K can quickly reverse the blood thinning properties, and stop bleeding. When a Xarelto patient has a hemorrhage, vitamin K is ineffective and there is very little doctors can do to stop bleeding. It can be catastrophic. 

Xarelto is a relatively new drug. It was approved by the FDA on July 1, 2011, initially to prevent deep vein thrombosis in patients undergoing hip or knee replacement surgery. A few months later, in November 2011, the FDA approved it to reduce stroke risk in people with AFib (non-valvular atrial fibrillation). A year later, in November 2012, the FDA approved it to treat deep vein thrombosis and pulmonary embolism.

The first Xarelto-related death was reported to the FDA in November 2011. Since then, there have been dozens of adverse events, including death, resulting from Xarelto. While Xarelto manufacturers and its competitors are trying to find an antidote for bleeding, lawsuits continue to be filed by patients and their families, asserting that they were not made aware the serious bleeding issue with Xarelto could not be reversed.

In December 2014, U.S. Judicial Panel on Multidistrict Litigation announced consolidation and centralization of all nationwide Xarelto lawsuits filed in federal courts before U.S. District Judge Eldon E. Fallon in the Eastern District of Louisiana. This is the same judge who saw thousands of Avandia and Chinese drywall lawsuits, and a number of other complex liability claims.

As the MDL moves along, we will certainly be hearing more and more about Xarelto. No dates for bellwether trials have been set, but they will probably be towards the end of 2015 or in 2016. Stay tuned!

Meet Denver – Extra Awesome Chihuahua for Adoption!!

We have the cutest chihuahua for adoption through Upward Dog Rescue. Actually, we’ve got a few cute Chihuahuas right now. But I wanted to share our new guy Denver! I came up with the name driving back from the shelter, flipping through the radio stations. Having named so many dogs, I am always searching for good names. The radio is a good source of inspiration. No, I am not a Denver Broncos fan. I love my Chargers! But, there was a John Denver song on the radio, and the name seemed to fit! Here are some photos, and the bio we put up on his Facebook photo album and his Petfinder profile 🙂

denberbowtie denberstanding denveronblankiedenverwithglasses

Meet DENVER!! This is not your average run-of-the mill tan Chihuahua mix, this is an 8-pound BFF (Best Friend Forever.) Denver also happened to be the most urgent dog at the San Bernardino City Shelter when we rescued him, which makes him extra-special. And he might even have some dachshund in him! Denver is about 2 years old, neutered, vaccinated and AVID microchipped. He is housebroken, and gets along well with adults, kids, and other dogs. His bow ties and glasses are not included, but his foster mom will tell you what app she used J. His adoption donation is just $75, apply at http://www.upwarddogrescue.org/adoption-application. Denver is fostered in San Marcos (San Diego County, CA). Thank you for choosing to rescue your next best friend!!

 

Private Pilot Exam Practice Quiz #1 :: Aerodynamics

[slickquiz id=1]

My New Favorite Cereal: Van’s Cinnamon Heaven (It’s Gluten Free and Vegan!)

vansandalvinI don’t have cereal for breakfast. If I’m making breakfast for Ava, I usually make pancakes (see previous post about the best pancake mix in the world). If it’s just me and I’m not cooking for a toddler, usually I have an egg over medium, or a flatbread breakfast sandwich. Or sometimes just a spinach and banana smoothie, mixed up in my Magic Bullet with a bit of almond milk.

waystoeatvansI love to cook all sorts of things for dinner, especially savory Italian dishes like baked ziti and lasagna. But dinner looks very different if it’s just me. When I don’t have someone to cook dinner for, I usually make lunch the largest meal of the day and then just have something small for dinner, like cereal, or maybe an Easy Mac cup. I know, not necessarily the healthiest but at least low enough on calories. I love Macaroni and Cheese!

vansnutritionCereal is one of my favorite low-cal go-to options for dinner alone. I should note that I’m never really alone since I’m always surrounded by dogs. I recently discovered a new awesome cereal at Sprouts. It’s called Cinnamon Heaven, and it is made by Van’s Natural Foods, a Vernon-based company that you may known for their yummy organic frozen waffles. You can also buy it on Amazon, and yes it is worth buying 6 boxes! Van’s Cinnamon Heaven cereal is gluten free and vegan (free of meat, fish, seafood, eggs, dairy and honey). Unlike a lot of cereals, there are no synthetic preservatives, artificial flavors or artificial colors. I have it with unsweetened Almond Milk (30 calories per serving), and sprinkle on some organic raspberries.

If you have a favorite cereal, share in the comments below!

Pinnacle Aviation Academy Private Pilot Progress Check Flight Recap

Yesterday, I had my flying progress check with David Lowther, the chief flight instructor at Pinnacle Aviation Academy. It was my first real evaluation of everything I have learned so far, and although it wasn’t perfect, it went pretty well. We started out with a chat in his office, and talked about my goals for becoming a pilot, how I found Pinnacle, and how happy I was with my experience and instructor. Then David asked me some questions about flight and aerodynamics, and although I knew some of the answers, I also realized it there is so much still to learn.

For the progress check, we did a thorough preflight inspection of Zero Eight Zulu, my Cessna 172R, which was a good opportunity for me to ask questions about how things work and specific things I should be looking for when I do my preflight. The engine start went well, and I correctly called the ground ATC and got authorization to taxi. Dave told me I taxi’d the airplane a little bit fast, so I will make extra effort on future flights to take my time down the taxiway, and not be a speed racer. The runup checklist and preflight briefing went great, as did my takeoff. By now I feel pretty comfortable with the whole process from starting the plane to getting in the air. We did a right downwind departure and flew out to Bonsall, where I demonstrated slow flight. That went fine, but I completely forgot about my flaps when recovering from slow flight, so I spent about 30 seconds trying to figure out why the airplane wasn’t speeding up. After that, we flew down along Interstate 15 where I did a forward slip to lose 2,000 feet. Then I did ground reference and flew about Lake Hodges at 2,500 feet. Finally, we headed back to CRQ and did a left base landing.

David said I passed my check and said if I keep coming 2-3 times a week, I should have my solo done within two months, maybe sooner. There were will be another pre-solo stage check, and I very much want to be prepared for that – it would be awful to fail. So, before I forget, here are some of the things I was rusty on in the oral exam portion of the progress check yesterday.

Torque: (1) A resistance to turning or twisting. (2) Forces that produce a twisting or turning motion. (3) In an airplane, the tendancy of the aircraft to turn (roll) in the opposite direction of rotation of the engine and propeller.

Torque Effect: This involves Newton’s Third Law of Physics – for every action, there is an equal and opposite reaction. Applied to the airplane, this means that as the internal engine parts and the propeller are revolving in one direction, an equal force is trying to rotate the airplane in the opposite direction. It is greatest when at low airspeeds with high power settings and a high angle of attack.

Adverse Yaw: When turning an airplane to the left for example the downward deflected aileron on the right produces more lift on the right wing. Since the downward deflected right aileron produces more lift, it also produces more drag, while the opposite left aileron has less lift and less drag. This added drag attempts to pull or veer the airplane’s nose in the direction of the raised wing (right); that is it tries to turn the airplane in the direction opposite to that desired. This undesired veering is referred to as adverse yaw.

Obviously, there is much more to learn for my private pilot exam and checkride, but those were the big takeaways from yesterday. I also need to go over the many types of drag, but I’ll save that for another blog post.

Better than Scratch: Stonewall Kitchen Pancakes

Stonewall Kitchen Farmhouse Pancake Mix

Stonewall Kitchen Farmhouse Pancake Mix

I consistently make pancakes for Ava in the mornings, at least several times a week. It doesn’t take long to make them, but I love those 10-15 minutes that I take to make her a healthy and yummy breakfast. I put her in her high chair, turn on the stovetop to medium heat, and get out everything I need. Usually I listen to music on my Sonos, or watch the Today Show, and have either coffee from my Keurig or an energy drink.

This is what the pancake looks like right before you flip it.

This is what the pancake looks like right before you flip it.

I am a loyal fan of Stonewall Kitchen Farmhouse pancake mix. I first discovered it long before Ava in 2012, when I took a crepes class at Sur La Table in Carlsbad. One of the students asked the instructor if she recommended a particular pancake recipe, and I remember the instructor immediately saying she recommended Stonewall Kitchen, that it was “better than scratch.” I remember her also emphasizing the importance of using real butter and whole milk (or buttermilk). No nonfat milk or margarine. Intrigued and curious, I bought the mix that day. She also recommended a slotted fish spatula, which I also bought and absolutely love. I use it all the time, not just for pancakes, but for everything.

This is what the pancake looks like right after you flip it.

This is what the pancake looks like right after you flip it.

In my quest for pancake perfection I’ve tried a lot of a lot of pancake mixes, from fancy stuff like Archer Farms Red Velvet Pancake Mix to Aunt Jemima. and one thing I really like about the Stonewall Kitchen is that it uses actual ingredients, like eggs, milk, and butter. If you get one of those mixes that you “just add water” it tastes like you just added water, in my opinion. By now I have the Stonewall Kitchen recipe memorized. I use one cup of mix, ¾ cup milk, one tablespoon melted butter, and one egg. I whip it up with a fork, and pour it on my griddle. Once bubbles start to form, I flip them over with my fish spatula and they come out perfect, pretty much every time. I love them, Ava loves them, and if there are extra, the dogs love them too.

Happy breakfast!

Happy breakfast!

To make things even easier, I use subscribe and save on Amazon so my products are delivered monthly, with free shipping. I don’t even have to think about it, they just show up. Do you have a favorite pancake recipe? I’d love to hear about it if you do!

Personal Injury Law FAQ: How Long Does it Usually Take for a Lawsuit to Settle?

Screen shot 2015-01-06 at 12.06.29 PMI have worked in legal marketing, specifically, personal injury legal marketing, for almost seven years now. I have written a lot of website content and articles about legal topics ranging from types of accidents and injuries to information on the personal injury litigation process. I’ve also spent a lot of time reviewing and reporting website traffic analytics. In internet marketing, we measure website traffic analytics for many reasons, but primarily to aid in meeting specific business objectives, such as generating leads or selling a product or service. One thing I pay close attention to is where website traffic comes from, primarily organic keywords.

The way we search for things has changed as the internet evolved. People want to research their own legal issues and educate themselves on their rights and options before deciding whether or not to hire an attorney. And one of the most popular queries for people considering hiring a personal injury lawyer is “how long does it take until I get my settlement?” This is an important consideration, especially if injuries are serious and you are unable to work, or are facing huge medical bills. People ask this question when interviewing lawyers, and when deciding to hire a lawyer.

The short answer to that question is “it depends.” I’ve seen personal injury cases resolve in a few months, and I’ve seen other cases drag on for years. Typically, the cases that resolve the quickest are typically accident cases where liability is undisputed, injuries are significant, and there is plenty of insurance to cover the damages. If a case goes to trial, the time period can be much longer, as trial preparation can take months and months.

You should not settle quickly, if it means you are significantly sacrificing compensation you are entitled to. Once you accept a settlement, it is permanent, and you cannot pursue a claim for your injuries at any point in the future. Settlements are often worth the wait.

No matter what the source, you should not make any decisions about your case based solely on information you have researched on the internet. Your case may have aspects that make it worth significantly more, or you may have a very limited window to file a claim. As soon as possible after an accident, talk to a knowledgeable lawyer, one who is very experienced and has handled cases similar to yours with positive outcomes. Most personal injury attorneys offer free consultations.

January 4th Flight Lesson Recap :: Ground Reference and Steep Turns

I had another flight lesson today in my little favorite plane N9897F. My instructor John and I flew out to Valley Center, did a few stalls, worked on ground reference (turns around a point and S-turns) and also steep turns, the last maneuver before my stage check. Steep turns are important because they teach you how to control bank and pitch simultaneously, and how to equally divide your attention inside and outside the plane. To do steep turns you need to be aware of the position of the nose, the horizon, the wings, and the amount of bank you are applying – all while the plane is turning very rapidly. If the nose goes up, you have to increase or decrease the back-elevator pressure. I found I also had to adjust the power to keep airspeed.

With all maneuvers, you select your minimum entry altitude (at least 1,500 feet AGL) and make sure the area is clear of traffic by executing clearing turns and firing off a position report on the air-to-air frequency. Then you bug your heading, and smoothly roll into the bank angle. As you establish the turn, you apply back elevator pressure to increase the angle of attack. This increase in the angle of attack results in an increase in drag. You have to add a bit of power to maintain entry altitude and airspeed.

One thing I’ve learned the last few months is I am not a fan of pulling g’s. After feeling them in pilot training I have no desire to get on a roller coaster, although I think a roller coaster is nothing compared to what I’ve felt in a Cessna. I’m going up again tomorrow, hopefully to do steep turns for the last time and be done with Stage 2. My big stage check with the senior instructor is scheduled for Wednesday!