These drug and device companies are primarily interested in selling their products--not warning doctors and patients about the risks.
Ontario, California (PRWEB) February 26, 2013
The Ontario, California law firm, Albertson & Davidson, LLP, has announced its launch of the “Pharma Law Post”, a California drug and medical device litigation blog. The site is geared towards a subspecialty of product liability pertaining to prescription drug and medical device litigation.
“I created the blog to share my message, my views, and my knowledge as it relates to pharmaceutical drug and medical device litigation in California,” says named partner Stewart R. Albertson. Albertson has been handling cases against drug and medical device manufacturers for the past few years. “I started with my first lawsuit against American Medical Systems, Inc. (Carpenter v. American Medical Systems, Inc., Case No. CIVDS 1007094, filed in the San Bernardino County Superior Court) and its stress urinary incontinence medical device known as the Monarc Subfascial Hammock,” says Albertson. “From there, it just exploded. A day doesn’t go by where I don’t get a phone call from an injured patient who’s taken a dangerous drug or had a dangerous medical device surgically implanted,” continued Albertson.
According to Albertson, patients and prescribing doctors do not understand the significant risks associated with today’s drugs and medical devices: “These drug and device companies are primarily interested in selling their products—not warning doctors and patients about the risks.”
Albertson, whose office is surrounded by stacks of papers, pointed to a recent investigation by the United States Senate that found Medtronic, Inc., the manufacturer of the Infuse bone graft, paid $210 million to physicians to promote Infuse, which included Medtronic employees directing some of these physicians to remove a list of adverse events and side effects from peer-reviewed articles in the prestigious Journal of Bone and Joint Surgery. The Senate investigation report can be found here.
“California’s 38 million residents have a right to know the true risks associated with pharmaceutical drugs and medical devices before taking them or having them surgically implanted,” says Albertson. “Right now that’s not happening. Instead, these medical device companies are using their wealth and power to obtain favorable rulings from federal district and appellate courts, and ultimately the United States Supreme Court.”
Albertson points to a recent case — Stengel v. Medtronic, Inc. (2012) 676 F.3d 1159 — that was decided in the Ninth Circuit Court of Appeal, which covers California. “Medtronic was essentially arguing for immunity from all state lawsuits—including California state lawsuits,” said Albertson. “But the Ninth Circuit wasn’t having it, deciding that California patients can bring state lawsuits against Medtronic, and other device manufacturers, for failing to tell the FDA, or anyone else, how dangerous their medical products truly are.”
Albertson continued, “the Stengel decision is a significant win for California patients who are harmed by dangerous pharmaceutical drugs and medical devices. We can now bring state lawsuits against these medical device manufacturers for the harms they cause to California residents. That’s why I started the Pharma Law Post __title__ Pharma Law Post. I want California residents, California lawyers, and California doctors to know about the true risks associated with pharmaceutical drugs and medical devices.”
Albertson started practicing law in California in 2004. He can be reached at (909) 466-1711 or stewart(at)aldavlaw(dot)com.