California Personal Injury Law Case Notes

Civil Justice Group Reports on Yaz

kmeredith@dankolaw.com (Kristine Meredith) — Wed, 09 Dec 2009 15:10:58 -0800

Today a consumer rights group reports on the risks of blood clots, strokes, and heart attacks that Yaz and Yasmin pose to women using these birth control pills. The California-based group, called The Civil Justice Research Project, also reports on the the federal lawsuits that have been filed against Bayer by the hundreds of women who have suffered serious injury after taking Yaz. The story mentions our co-counsel on the Yaz cases, A.J. De Bartolemeo of Girard Gibbs, and quotes Mike Danko:

Bayer just isn't telling women what they need to know. No woman would take Yaz if she knew that it was no more effective than other birth control pills but was more risky.

The article talks about the "corrective" ad campaign the FDA required Bayer to run, noting that -- at least according to some -- Bayer's corrective commercials were "too confusing and jargon-filled to be effective." The article links to one of the commercials.

Mike Danko Named California Trial Attorney of the Year Finalist

kmeredith@dankolaw.com (Kristine Meredith) — Mon, 23 Nov 2009 13:57:37 -0800

The Consumer Attorneys of California (formerly called The Trial Lawyers of California), named my partner Trial Attorney of the Year Finalist for 2009 in honor of our work for a brain injured client in the case of Burdett v. Teledyne Continental Motors. The Trial Lawyers Association presented a video about the case at its annual convention awards dinner in San Francisco.

Can Traumatic Brain Injury Victims Develop PTSD?

kmeredith@dankolaw.com (Kristine Meredith) — Fri, 20 Nov 2009 13:23:17 -0800

One would assume that if a TBI victim cannot remember the injury producing event, he cannot suffer flashbacks or nightmares re-experiencing the event. Right? Wrong.

Indeed, a diagnosis of a TBI generally requires a loss of consciousness. But the victim's loss of consciousnesss does not shield him from post traumatic stress disorder, or PTSD. Apparently PTSD can occur after a TBI, but the TBI may alter the symptoms' development. A TBI victim's symptoms may relate to events that just preceded his loss of consciousness, or to events that occurred immediately after. The symptoms may even relate to details about the trauma-producing event itself that the victim learned about later in his recovery.

Accident Victims and PTSD

kmeredith@dankolaw.com (Kristine Meredith) — Tue, 17 Nov 2009 12:49:13 -0800

Even after the physical injuries have healed, an accident victim may still suffer from Post Traumatic Stress Disorder (PTSD). She may continue to experience flashbacks, nightmares, or daydreams in which the traumatic event is replayed again and again. The person may also suffer an abnormally intense “startle response” – like a rush of anxiety that bursts from her brain and shoots to her fingertips accompanied by a rapid heart rate. Other symptoms of PTSD may include impaired memory and difficulty concentrating and insomnia (or even a fear of sleeping due to the nightmares). The trauma of the accident disrupts various intellectual and emotional processes. It is sometimes referred to as "a normal reaction to abnormal event."

PTSD symptoms are among those that may be included in an award for pain and suffering as discussed here.

Yaz and Yasmin Lawyers Team Up

mdanko@dankolaw.com (Mike Danko) — Fri, 06 Nov 2009 11:51:19 -0800

We're excited to report that The Danko Law Firm has teamed up with the Yaz lawyers at Girard Gibbs LLP in San Francisco to jointly represent the victims of Yaz and Yasmin in lawsuits against Bayer. Girard Gibbs is a nationally known class action firm with a long history of representing those harmed due to the wrongdoing of large corporations.

Together we've launched a new blog to help spread the word about the dangers of these drugs and to provide information about the pending lawsuit.

Follow our Yaz blogging at the new site, Yaz On Trial.

FDA's Role In Approving Yaz and Yasmin Examined

kmeredith@dankolaw.com (Kristine Meredith) — Tue, 03 Nov 2009 09:10:08 -0800

The legal talk show Lawyer2Lawyer invited Mike Danko and an FDA expert, Professor James T. O'Reilly from the University of Cincinnati College of Law, to discuss Yaz and the Yaz lawsuits. Mike talked about the lawsuits while Professor O'Reilly provided his insights on what the FDA does and, more importantly, does not do when approving a drug for the market.

Bayer was invited to come on the show but didn't accept.

It is an interesting discussion that can be heard on line.

Yaz Lawsuits Pile Up

kmeredith@dankolaw.com (Kristine Meredith) — Thu, 29 Oct 2009 10:19:39 -0800

The San Francisco Daily Journal has reported on the status of the Yaz litigation. The paper interviewed a number of Yaz lawyers, including Mike Danko. Susan Galinis spoke about her lawsuit:

I'm hoping to get the word out to other women about how dangerous that drug is. . It devastated my whole life.

As usual, Bayer delined comment about its drug, except to offer the usual lawyer-speak:

Bayer's oral contraceptives have been and continue to be extensively studied worldwide and are safe and effective when used according to product labeling.

Yaz and Yasmin: Drug Company Places Profits over Safety

kmeredith@dankolaw.com (Kristine Meredith) — Tue, 20 Oct 2009 01:18:14 -0800

The trendy Yaz and Yasmin birth control pills are unlike any others because they contain a new synthetic hormone, drospirenone. Bayer has aggressively marketed the drugs, especially to young women, as a cure for everything from acne to pre-menstrual syndrome. Unfortunately, Bayer did not adequately test the drug before bringing it to market, and it now ignores two studies on Dutch and Danish women suggesting that the drugs are more dangerous than other birth control pills that don't contain the synthetic hormone.

Women who take Yaz or Yasmin have suffered a list of harmful side effects. One of the most common is blood clots. Blood clots may lead to debilitating strokes, pulmonary emboli and heart attacks. Women on Yaz or Yasmin have also been stricken by disease and damage to the gallbladder, liver, and pancreas, among other conditions.

The Food and Drug Administration has now decided that Bayer's television commercials were misleading, because they undersold the risks of the drug while at the same time overstating its benefits. In addition, the consumer protection group Public Citizen warns all women against using either Yaz or Yasmin, and instead suggests sticking to a pill that does not contain drospirenone.

Yaz and Yasmin are no more effective than traditional birth control drugs, but they appear to be more dangerous. Nonetheless, because of Bayer's aggressive and misleading advertising, they are now Bayer's most popular drugs. In fact, the drugs are the most popular birth control pills in the world. Last year alone, Bayer sold $1.8 billion worth of Yaz and Yasmin .

Not surprisingly, with that type of money on the line, Bayer continues to promote the drugs, regardless of their risks.

One Yaz Victim's Story

mdanko@dankolaw.com (Mike Danko) — Mon, 19 Oct 2009 21:13:08 -0800

I admire clients who find the strength to tell their stories on television. It takes guts. When Susan Galinis said she wanted to do just that, I warned her that it would be difficult and, well, embarassing. She said she didn't care. If she could persuade just one woman to switch from Yaz to a traditional birth control pill, it would be worth it.

On Monday, Susan appeared on local Fox, ABC, and NBC stations. She showed to the cameras pictures that, until now, she hadn't shown to anyone outside her family.

After Susan's story aired, I received dozens of calls from Yaz survivors who asked me to thank Susan for getting the word out, or to offer her their help and support. Some called to ask for more information or just to talk about their own experiences. One talked about a friend she lost to Yaz. I appreciate hearing from anyone whose life has been impacted by this drug.

We're working on all of our Yaz and Yasmin cases with a Yaz law firm in San Francisco. We chuckled over the fact that Bayer had no problem speaking to reporters before the first news segment aired. But once Bayer actually saw Susan and heard what she had to say, the company apparently could think of no response and refused to speak with the reporters who produced the later segments.

Susan, you "done good."

FDA Determines Yasmin/Yaz Commercials Misleading

kmeredith@dankolaw.com (Kristine Meredith) — Sat, 17 Oct 2009 18:03:27 -0800

Beginning in July 2003, the Food and Drug Adminstration warned Bayer (or more accurately, Bayer's predecessor, Berlex Laboratories ) that its television commercials for Yasmin were misleading and should be corrected. The FDA warned Bayer again in 2008, and again in 2009. Among Bayer's more serious violations, according to the FDA, was that the commercials minimized the risks associated with Yaz while at the same time overstating its benefits -- especially for conditions such as premenstrual syndrome for which the drug was never approved. According to the FDA:

These violations are concerning from a public health perspective because they encourage use of YAZ in circumstances other than those in which the drug has been approved, over-promise the benefits and minimize the risks associated with YAZ.

FDA Warning Re Yaz

Yaz and Yasmin Cause Blood Clots

kmeredith@dankolaw.com (Kristine Meredith) — Sat, 17 Oct 2009 17:57:56 -0800

Yaz and Yasmin cause blood clots that often begin in the deep veins of the legs. A clot, called a Deep Vein Thrombosis (DVT), can break off and move to the brain, where it causes a stroke. If the clot moves to the lung, it causes a pulmonary embolism. If it moves to the heart, it can cause a heart attack.

Within weeks of taking Yaz or Yasmin, women have been stricken by life-changing strokes . For some women, the stroke or heart attack occur without warning. For others, there are warning symptoms. These warning symptoms include:

Pain in the calf or the back of the leg (Possible DVT)
Sudden headaches (Possible stroke)
Unusual swelling in the lower legs (Possible DVT)
Chest pains or heaviness (Possible heart attack)
Drooping of the eye or mouth (Possible stroke)
Weakness in arm or leg or speech problems (Possible stroke)
Eye problems and loss of vision (Possible eye clot)

Studies show that the risk of clots is higher with Yaz and Yasmin than other birth control drugs that don't contain drospirenone. Drospirenone is believed to cause strokes in a number of different ways. For example, besides causing clots in the legs, it is believed that the drug changes the rhythms of the heart, slowing blood flow to the point that it clots there as well.

Yaz/Yasmin Causes Gallbladder Disease Requiring Gall Bladder Removal

kmeredith@dankolaw.com (Kristine Meredith) — Sat, 17 Oct 2009 17:55:03 -0800

Gallbladder disease includes inflammation and infection (cholecystitis), stones (chollithiasis) or other obstructions or narrowing of the ducts. It appears that Yaz increases the cholesterol level in a woman's bile while, at the same time, decreasing gallbladder movement. That leads to gallstones which can block and damage ducts, requiring that the gallbladder be removed.

Some women function well without a gallbladder. But in about 40% percent of the cases, the women will suffer pain or discomfort for months or even years after the surgery. In one out of five cases, the common bile duct will be damaged during the surgery, leading to fever, jaundice, and chronic pain in the shoulders and abdomen. Further surgery may be needed to correct the complications. Even when a second surgery is not required, many patients who have had their gallbladder removed find that they must permanently change their diets after the surgery because without a gall bladder they are unable to digest the foods they used to eat.

The symptoms of gallbladder disease include pain under the lower breastbone, eventually progressing to under the right breast and then onto the back or between the shoulder blades. Other symptoms include fever, heartburn, nausea and vomiting. The symptoms are typically recurrent.

Yaz and Pulmonary Embolism

kmeredith@dankolaw.com (Kristine Meredith) — Sat, 17 Oct 2009 17:47:00 -0800

Yaz and Yasmin cause blood clots. When a blood clot finds its way to the lungs, the result is a pulmonary embolism. The blood clot cuts off the flow of oxygen and blood to a portion of the lung. A pulmonary embolism can be fatal. In fact, about 15% of all sudden death is attributable to pulmonary embolisms. In some cases the pulmonary embolism can travel to the brain and cause a stroke. In less severe cases it can lead to lung damage. The symptoms of a pulmonary embolism include:

Sudden shortness of breath, especially after even slight exertion;
Rapid breathing;
Coughing up blood;
Chest pain that mimics a heart attack. The pain gets worse with exercise but remains even after resting; and
Rapid heartbeat.

A more complete list of symptoms can be found here.

Surgical Interventions to Release Burn Swelling

kmeredith@dankolaw.com (Kristine Meredith) — Tue, 29 Sep 2009 14:19:41 -0800

Victims with full thickness burns, as discussed here, on their arms and legs experience tremendous swelling from the fluids necessary to heal. The swelling puts pressure on the nerves and tissues of the healthy sections of the burned limbs. The pressure may cause a complete loss of blood flow and tissue damage to the distal limb. To relieve the pressure and promote blood flow, the burn surgeon may perform the following procedures:

Escharotomy -- slitting of the burned skin (eschar);
Fasciotomy -- slitting of the burned skin and splitting of the fascia (the thick white covering of the muscle) to inspect how the muscle is doing.

Although gruesome, the surgeons often take photos before and after the procedure to document the health of the tissue and progression toward recovery. Such photos may be helpful to educate the jury about the victim's pain and suffering.

Traumatic Brain Injury in Young Children

mdanko@dankolaw.com (Mike Danko) — Thu, 24 Sep 2009 13:32:44 -0800

Some insurance company doctors say that young brains are more resilient. These doctors testify at trial that, when it is a young child who has suffered a traumatic brain injury, the prospects for a good recovery are brighter than they would be if the child were older.

New research shows that the opposite may be true. A traumatic brain injury may throw off a child's normal developmental timetable. Though the child may experience encouraging improvement in the first two years after an injury, after that, it may be that the child never really catch up to his peers. Rather, he may simply fall further behind over time. Because younger children have more development ahead of them, brain injuries at younger age is a "double hazard," the researchers noted. That means that the same injury can cause much more trouble for a 4 year old than a 12 year old.

The study was published earlier this year in Neuropsychology, 2009; 23 (3) (subscription required).

Is a Worker Limited to Worker's Comp Benefits When Injured On The Job?

kmeredith@dankolaw.com (Kristine Meredith) — Fri, 11 Sep 2009 13:24:27 -0800

When a worker is injured on-the-job in California, his rights are limited by the workers’ compensation laws. Workers’ compensation is a “no-fault” system. That means the employee is entitled to compensation from the employer's insurance carrier without having to prove the employer was at fault. However, the workers compensation benefits are quite limited, and they seldom fully compensate an accident victim for his injuries.

In an appropriate case, an injured worker can seek compensation for his on-the-job injury from other sources. For example:

If a co-worker causes the injury, the injured worker may be permitted to seek compensation from the co-worker, but only (1) when co-worker’s actions are malicious with an intent to cause injury or (2) when co-worker is intoxicated.
If someone other than the employer or co-worker (also known as third party) causes the injury, the worker may seek compensation from the third party. The victim's lawsuit against the third party can proceed at the same time as the workers’ compensation claim against the employer. In his third party lawsuit, the worker is not restricted to the limited benefits of worker's comp. However, if the worker recovers against the third party, the employer is entitled to reimbursement for any benefits paid to the injured worker.

In some cases there may be multiple causes of a worker's injury and he should proceed against his employer, a co-worker and a third party.

Diffuse Brain Injury -- a Misnomer?

kmeredith@dankolaw.com (Kristine Meredith) — Tue, 18 Aug 2009 10:46:30 -0800

When a head is twisted violently, such as in a car crash, microscopic brain structures, called axons, can tear. The damage to the brain is a called a "diffuse axonal injury," or DAI. When the axons tear, chemicals that were contained in those structures can leak into the brain tissue. The torn axons and chemicals in the brain tissue disrupt the brain’s regular processes.

The injury has been named "diffuse" because it was believed the damage occurred throughout the brain, and not in any one particular location. We now know that that isn't quite right. For example, in severe cases, the axonal injury appears on an MRI. When it does, it usually appears as one small foggy area. (Seen in the center of the graphic as an opaque area.) In fact, as it turns out, the damage caused by a "diffuse axonal injury" is usually centered in a specific part of the brain called the corpus callosum -- the bundle of fibers that connect the two-halves of the brain.

Victims suffering from DAI often have cognitive problems such as:

lack of concentration
poor long-term memory
difficulty dealing with more than one thing at a time,
lack of attentiveness
trouble keeping track of appointments, and
disorganization.

A victim can suffer a diffuse axonal injury even if there wasn't any impact to the head. Because there is no tell-tale external bruising or bleeding, and because the DAI doesn't always appear on an MRI, health care providers sometimes fail to diagnose the injury initially. To represent an accident victim effectively, the personal injury attorney must be alert to symptoms which may suggest that the client should seek further medical evaluation.

Risk of Seizures Following Traumatic Brain Injuries (TBI)

kmeredith@dankolaw.com (Kristine Meredith) — Sun, 09 Aug 2009 08:37:36 -0800

Most TBI victims suffer from seizures and so need anti-seizure drugs. The drugs don't eliminate the seizures, they attempt only to control them. Even if the TBI victim takes the drugs exactly as prescribed, the victim may still experience "breakthrough seizures." The seizures can lead to embarassment, social stigma and most troubling, a blackout while driving. The victim who experiences breakthrough seizures may lose his driving privileges until he is seizure free for three months or maybe permanently. A TBI victim is entitled to compensation for all seizure-related damages. So, for example, if the victim loses his driving privileges, one form of damages might be the costs of hiring a driver. And don’t forget damages in the form of pain and suffering associated with the loss of driving privileges (ie. embarassment, loss of independence, etc.).

Are Waivers Enforceable Against Family Members?

kmeredith@dankolaw.com (Kristine Meredith) — Wed, 05 Aug 2009 17:13:04 -0800

Waivers signed by parents, releasing liability for future negligent acts committed against minor children in recreational and related settings, are generally enforced by judges in California as discussed here. Interestingly, a clear majority of courts in other states have held that a parent may not release a minor's prospective claim for negligence.

And when the victim is an adult family member who dies participating in an activity for which he signed a waiver, those who can bring a lawsuit on his behalf will also likely be bound by the waiver.

Diffuse Tensor Imaging -- More on Brain Injuries

kmeredith@dankolaw.com (Kristine Meredith) — Tue, 04 Aug 2009 10:09:28 -0800

Neuropsychologist researcher and professor Erin Bigler, PhD. recently spoke about the advances in images of post-concussion brains. As discussed here, concussions or mild traumatic brain injuries may not show up on standard MRI or CT images. Dr. Bigler described a new technique for analyzing MRI scans called "diffusion tensor imaging" or DTI. This technique illustrates the direction of water flow through the fiber tracts of the brain. A comparison of images between an injured group and a control group revealed differences in the fiber tracts of injured patients. It is believed that the head injuries caused swelling or edema in the fiber tracts, disrupting their normal ability to transmit messages in the brain. This imaging allows researchers to determine the extent of injury between the fiber tracts. Such research will have many applications, including diagnosing and assessing the scope of damage to a mild traumatic brain injury victim.