A Diabetes Drug Has Been Recalled Because It Contains High Levels of Cancer-Causing Agent

NDMA -Valsartan | Mass Tort | The Lidji Firm | Personal Injury Attorney

(CNN) A widely-used diabetes drug has been recalled after manufacturers found it contained unacceptably high levels of a cancer-causing contaminant.

Indian pharmaceutical company Marksans Pharma Limited is recalling metformin hydrochloride extended-release tablets because their levels of NDMA, a “probable human carcinogen,” were higher than the acceptable daily intake limit of 96 nanograms per day, according to a recall published this week by the US Food and Drug Administration (FDA).

Metformin tablets are used to treat type 2 diabetes and are designed to lower glucose levels.

The recall applies to metformin tablets between 500 mg and 750 mg, sold under the brand name Time-Cap Labs, Inc.

The recall expands an earlier recall of the same product from this summer. But it’s just one of several metformin products that have been found to contain NDMA in the last year. Seven other pharmaceutical companies have issued recalls for metformin hydrochloride extended-release tablets due to their carcinogenic contents.

The FDA is still investigating where NDMA comes from and how it ends up in metformin products. Most levels found in medications are generally low and fall within the FDA’s accepted daily intake, but recently recalled medications exceed that. Marksans Pharma Limited, India, however, did not reveal how much NDMA its recalled products contained.

The recall applies to the following products, which can be identified by their National Drug Code numbers listed below (National Drug Codes can be used to search and identify products online through the FDA). The tablets are either embossed with 101 or 102 on one side and are plain on the other.

Metformin Hydrochloride Extended-Release Tablets, USP 500mg:
90 counts: 49483 -623-09
100 counts: 49483-623-01
500 counts: 49483-623-50
1000 counts: 49483-623-10

Metformin Hydrochloride Extended-Release Tablets, USP 750mg:
100 counts: 49483-624-01

Court upholds Monsanto cancer verdict but further slashes award

Monsanto Cancer | Blog | The LIDJI Law Firm | Personal Injury Attorney | Dallas Houston Texas

Roundup weed-killing products are offered for sale at a home improvement store in Dallas.

SAN FRANCISCO — 

A California appeals court on Monday upheld a groundbreaking verdict that Monsanto’s widely used weed killer caused cancer in a school groundskeeper, but the panel also slashed the damage award from $78.5 million to $21.5 million — less than one-tenth the original amount.

The 1st District Court of Appeal said there was evidence to support a California jury’s 2018 decision that “Monsanto acted with a conscious disregard for public safety,” but it reduced the damages to Dewayne Johnson of Vallejo because state law doesn’t allow damages for reduced life expectancy, the San Francisco Chronicle reported.

The original San Francisco Superior Court jury found that St. Louis-based Monsanto had purposely ignored warnings and evidence that glyphosate, the active ingredient in its popular Roundup and Ranger Pro products, causes cancer.

Johnson, then 46, alleged that his non-Hodgkin’s lymphoma was caused by his years of spraying Ranger Pro on school grounds in Benicia.

Jurors awarded Johnson $289.2 million, but a judge later reduced the punitive damages, knocking down the total to $78.5 million.

In further reducing the total award to $21.5 million, the appellate court ruled 3-0 that state law entitled Johnson only to compensation for future harm that he was “reasonably certain” to suffer. He had been given only two to three years to live.

Monsanto’s ethics are questionable, but the $289-million verdict against it is still unjustified
Aug. 16, 2018

R. Brent Wisner, a lawyer for Johnson, said the ruling was an overall victory but faulted the court for reducing the damage award.

“This effectively rewards a defendant for killing a plaintiff, as opposed to just injuring him,” Wisner told the Chronicle.

Bayer, the German corporation that owns Monsanto, called the reduction “a step in the right direction” but said the appellate panel should have thrown out the verdict and said it may appeal to the California Supreme Court.

“We continue to stand strongly behind the safety and utility of Roundup, a position supported by four decades of extensive science and favorable assessments by leading health regulators worldwide,” the company said in a statement.

Bayer pours $5.6 billion into weedkillers that are not Monsanto’s Roundup
June 14, 2019

Johnson’s case against Monsanto was the first such in the U.S. to reach trial. Thousands of lawsuits have been filed by people alleging that they got cancer from using Monsanto’s weed killers.

More than $110 million was awarded in two other San Francisco Bay Area lawsuits over Roundup. Those verdicts are being appealed.

Last month, Bayer announced that it would settle other lawsuits by paying nearly $10 billion to as many as 125,000 people. If you need help with your roundup lawsuit, contact the top personal injury Law Firm, The Lidji Firm. 800-Bad-Pill or www.TheLidjiFirm.com

Medical Malpractice Cases Examples

Medical Malpractice Cases | Blog | The LIDJI Law Firm | Personal Injury Attorney | Dallas Houston Texas

If a doctor or nurse fails to provide proper medical care in the way a responsible medical professional would, it’s known as medical malpractice. There are a large variety of medical malpractice cases, based on the degree of negligence or recklessness, that a patient can claim in a lawsuit.

The physician’s negative actions and breach of their duties must be the direct cause of your injury. If it isn’t, it’s very likely you will have a medical malpractice lawsuit that can prevail.

Our Process

  1. Documentation

First, your assigned legal team will gather records related to your claim, including medical records, medical bills, and insurance policy information. These documents will help your attorney understand the extent of your injury, and build your case for compensation.

  1. Investigation

Your attorney and legal staff will investigate your accident in great detail to gather the necessary evidence. They may look at dashcam footage, security camera footage, police records, and more to help build your case.

  1. Negotiation

Your attorney will negotiate with the defense, outside of the courtroom, to help get you the compensation you may be entitled to. If settlement negotiations are unsuccessful, your attorney is prepared to go to trial and present your case in the strongest possible form.

FAQs

Examples of Medical Malpractice

Misdiagnosis – A doctor in a hospital fails to recognize cardiac tamponade in a 63-year-old man and the lack of diagnosis or treatment leads to his death.

Delayed Diagnosis – A medical professional gives a delayed diagnosis of a bowel obstruction and the delay causes the patient’s wrongful death.

Childbirth Injuries – An obstetrician fails to perform a C-section in a timely manner, resulting in serious injuries to the baby.

Medication Errors – Negligence by a physician or nurse causes a fatal overdose of Vitamin K.

Anesthesia Errors – An anesthesiologist gives the wrong amount of anesthesia to a patient, resulting in brain damage.

Surgery Errors – A surgeon injures a 37-year-old with a bone saw, causing permanent scarring and neuropathy.

One of the most common recurring themes in all of these forms of medical malpractice is negligence. Negligence comes in many forms and in many different types of severity, and that level of severity will determine how much you can possibly win in compensation

Negligence

Negligence is defined as the failure to act with the same amount of care that a reasonable medical professional would have acted within the same situation. This has to be the direct reason for your injury for it to be a medical malpractice case.

Here’s a clear example of negligence: You bring your son into the doctor’s office to look at a deep laceration he just got while playing outside with his friends. The doctor calls him into the examination room, but is distracted and rushed from having so many patients that day. Unfazed by the depth of the wound, he says it needs just a few stitches. In doing this, he instinctively takes tools near him from a table – but unbeknownst to him, these tools had just been used to treat an infection. In addition, this decision goes against the policy to only use tools that were sterilized and in drawers.

A few days after this doctor visit, your son feels pain, gets sicker, and has a clear discoloration around the cut. His laceration is now infected, requiring hospitalization and extensive treatment. The doctor denies any and all responsibility for this infection.

This is a clear case of negligence from the description, but it also relates to the four elements of negligence. These are duty, breach, injury, and damages.

Duty: With a doctor/patient relationship established, the doctor now has a responsibility to give that patient reasonable care in their treatment, which includes following basic, standard guidelines followed by the community. In this case, the doctor’s duty was to perform a thorough examination of the child’s laceration, and treat it the way other doctors would under similar conditions.

Breach: If reasonable care and standard medical guidelines are not followed, then the duty has been breached by the doctor. Here, the doctor’s decision to use tools on the table breached his medical office’s protocol, and breached his doctor/patient relationship by using unsanitized tools to place your son at risk of infection.

Injury: For the doctor’s breach of duty to lead to negligent medical malpractice, an injury must be sustained by the wronged party. In this case, your attorney will need to prove that your son’s infection was caused by the unsterilized tools.

Damages: The injury must cause the victim to have suffered damages, whether they are economic or non-economic. Your son required hospitalization, and the subsequent medical bills were substantial. You may have also had to miss time at work to tend to your son.

Gross Negligence

In addition to simple negligence, there is also gross negligence. Gross negligence takes the idea of negligence a step further – the breach of duty was much worse in these cases, where the failure to provide reasonable care goes beyond medical standards and would have been obvious to anyone.

An example of this would be to imagine that you are someone who needs immediate surgery after a car accident causes severe trauma to your left arm. The surgeon, however, in his carelessness, checked your chart believing you were a different patient, one who needed their right arm amputated. The right arm gets amputated instead of the left arm receiving treatment.

These examples are admittedly very clear cut. There is a lot to consider in a medical malpractice case – just because an injury occurred while under the care of a medical professional does not mean an individual has a guaranteed medical malpractice lawsuit on their hands. There are ways in which many people think they have a medical malpractice suit, but it turns out to not be the case; it is important to understand your situation.

Do You Have a Case?

Just because a patient suffers an injury while under the care and attention of a doctor, it does not automatically mean the individual has a medical malpractice suit against the healthcare professional.

For example:

Before surgery, patients are given warnings of the risks involved in a procedure. The patient must understand the risks and authorize the surgery, meaning that those risk factors would not be grounds for a medical malpractice case.

If a patient receives instructions after their surgery about what to do for follow-up care, they must follow it. If they fail to follow these instructions, and an injury occurs as a result, they will likely not have a medical malpractice suit.