Oklahoma Personal Injury Blog

Preemption - Drug Companies Believe We Need More Drugs

Jeremy Thurman — Thu, 21 Aug 2008 11:08:00 GMT

I just read an amicus briefed filed by the former and current editors of the New England Journal of Medicine in a case before our Supreme Court wherein Wyeth is seeking to have all pharmaceuticals suits "Preempted" by Federal Laws. In a nutshell, Preemption generally refers to the displacing effect that federal law will have on a conflicting or inconsistent state law. Pharmaceuticals proffer that the fact the FDA approved a drug means that negligence and other claims (ie Failure to Warn) cannot be made in states claims.

One of Wyeth's arguments is that Tort suits have led Americans to underutilize prescription drugs. This is the doctors resposne on that issue. Thought I might share it. It shows our dependence on prescriptions.

What I found most interesting is the following: "The prescription drug industry earns global revenues of more than $700 billion per year, an increase of $178 billion over the last five years. Petitioner/Amici's argument that tort suits have led Americans to underutilize prescription drugs or companies to limit product development is baseless. As of 2004, Americans were responsible for $248 billion in pharmaceutical sales, accounting for nearly 45 percent of all revenue worldwide.64 Despite representations of a so-called explosion of stifling litigation, the pharmaceutical market has grown, not shrunk. And it has done so dramatically: In 2007 alone, there were approximately 445 million more prescriptions written than in 2003."

Originally posted at InjuryBoard by Jeremy Thurman

Digitek Tablets - Are You Suffering From Them?

Jeremy Thurman — Wed, 20 Aug 2008 10:27:07 GMT

In April of this year the FDA issued a class I recall on all Digitek (digoxin) tablets, which regulators believed may contain twice the approved level of digoxin. Due to these double-strength pills, patients taking them may have been exposed or suffered from digitalis toxicity, which can result in nausea, vomiting, low blood pressure, cardiac instability, bradycardia and even death.

Digitek tablets are distributed by Mylan Pharmaceuticals and sold under the labels "Bertek" or "UDL". If you or a love one have suffered any of the above listed symptoms, it is important to contact an attorney immediately to preserve any rights you may have. We are currently investigating these claims and would be more than happy to answer any questions you may have.

Originally posted at InjuryBoard by Jeremy Thurman

Should The Legal Drinking Age Be Changed from 21 to 18?

Jeremy Thurman — Tue, 19 Aug 2008 14:55:28 GMT

I recently read where a group of college presidents want to lower the legal drinking age from 21 to 18 in an attempt to combat binge drinking on their campuses. The story is foxnews.com and discusses the basis for why the group wants to lower the legal age.

The FOX article states that Mothers Against Drunk Driving (MADD) "says lowering the drinking age would lead to more fatal car crashes." I went to the MADD website and saw where they had reported that "of the over 159 million alcohol-impaired driving trips estimated that Americans took in 2002, over ten percent (18 million trips) were made by 18-20 year olds." They further reported that the frequency and amounts of teen drinking has consistently increased over the last few decades.

So since this is opinion driven, I want to state my opinion on whether eighteen year olds should be able to buy alcohol. I believe it would be a dangerous situation for our motorists and pedestrians. Many kids this age are mature enough to handle it, but I believe more are not. This would equate to giving kids access to alcohol and I find it doubtful they understand the full consequences of drinking and driving.

I would wager that should the law change, we would see an exponential increase in DUI's for 18 - 20 year olds and in turn more dangerous accidents.

Simply, I say no to decreasing the legal age to buy alcohol.

Originally posted at InjuryBoard by Jeremy Thurman

Who Can I Sue? The Poison Pill of the Tort Reform Lobby

Jeremy Thurman — Wed, 06 Aug 2008 23:25:59 GMT

There seems to be quite a bit of accusations by individuals commenting to mine and others posts who have fallen prey to the misinformation by the insurance lobby and Corporate lobby. As a Personal Injury Lawyer, I often cringe at accusations such as ambulance chaser et al and wonder just how misinformed these individuals are. Then today I read Angus Hinson blog entitled "Who Can I Sue?...Reflects Poorly on You" which reinforced my belief that this is purposefully driven device by the insurance and corporate lobbies to purposefully mislead and straight out lie to the public about our profession.

Angus article points out that the homepage of the whocanisue.com has a picture of a businessman slipping on a banana peel. Luckily Angus investigated who was responsible for this reprehensible website and found that it was Jorden Burt, "A Financial Services and Insurance Law Firm"...condemning "unnecessary and frivolous lawsuits." Although I share my disgust with Angus at the site, I am not surprised at who is responsible for it.

So why would an insurance puppet put up such a site. I think its quite simple, its election time and a good time to get headlines for those dishonest politicians seeking so called draconian tort reform.

It's a good time for such sites because surely a paper or politician will pick up on and start giving dishonest speeches about the need for tort reform, when none exists, at least not the type they are purposing. Why would a politician do so? Look no further than money. Its time to go and collect from big business, insurance and doctors who receive the financial benefit of tort reform while the public is harmed. I can point to several politicians in Oklahoma who have personally told me they are against tort reform to only see them come November start derailing "trial lawyers" in commercials in an effort to get more money. Its greed pure and simple.

This is the same about how the insurance lobby has lied to the public over the years about the McDonalds Case and so called myths such a thief suing a homeowner when he fell out a window. These lies are simply to poison your mind against lawyers for political purposes and if you ever serve on a jury.

So I encourage you before you ever yell about "ambulance chaser" or anything the like. Sit back and think what a world would be like where the Ford Pinto was still blowing people up, where Phen fen was still on the market killing innocent women and men, where Oil companies were stealing royalties from their owners and where Allstate, State Farm et al were ripping injured parties worse than they already are. Do you truly trust your insurance company to do the right thing and put profits over you? If you do, like George Strait says, I have some ocean front property here in Oklahoma I would like to sell you.

Originally posted at InjuryBoard by Jeremy Thurman

Tulsa Infant Killed by a Puppy Part 3

Jeremy Thurman — Wed, 06 Aug 2008 20:08:11 GMT

I'm truly enjoying reading the comments on this tragic accident. I gave an instance of a history I have with a mean dog and I'm accused of being the culprit of such. I would like to inform the person who responded, and I appreciate their response, that the dog and I went through every possible class to help with this issue but it was something deep inside him that each vet who saw him and each trainer believed couldn't be changed. So while you may want to blame me for his behaviour, rest assured your casting of blame in defense of a breed is incorrect.

Now to the humorous stuff. There is a comment about me being an ambulance chaser and I'm upset that this is not a "case." All I can say is shame on you. Look at my profile and decide if I'm the type of person who wants to see any child harmed. I'm a father of three beautiful girls and to accuse me of such shows how little you know of the legal system. I would love the day that I had to look for another job because people weren't harmed needlessly. However, I digress, keep reading insurance propaganda while they rake in their profits.

Therefore, I thought I might educate. I do not like it when a client comes to me hurt. I am sympathetic in their pain and in those instances want to help. Without attorneys such as me insurance companies and the corporate world would run rampant over innocent families who have been harmed or lost a loved. The rule of law in the U.S. has long held that person be made whole when injured by another. Insurance companies through lies and propoganda would prefer that they continue to collect premiums while not having to pay anyone anything. See there not here with helping hands but rather there grudgingly trying to figure out how to pay less on your claim.

That said, my prayers are with this child. If the mom was negligent I hope the authorities hold her responsible. That said, this topic was informative on a tragic accident and never broached from the standpoint that it was a case.

Originally posted at InjuryBoard by Jeremy Thurman

Investigators Looking at Mother In Tulsa Dog Mauling

Jeremy Thurman — Wed, 06 Aug 2008 16:29:30 GMT

According to newsok.com, "Police are trying to determine whether drugs or alcohol use may have kept a 17-year-old mother from waking up while her 2-month-old baby was eaten alive by the family's Labrador puppy.

In an affidavit for a search warrant filed Monday, police said Linzy Leigh Earles, mother of Zane Earles, left the child unattended in an infant swing for about two hours on July 28 while she "went back to her bedroom and slept."

"During that time, ... a 9- to 12-week-old Lab puppy that was left loose in the house ate the 2-month-old victim," the document alleged."

I'll keep following this as there seems to be a lot of interest in this story. The one thing I can't get beyond is how could a puppy be so hungry to eat a human? Bad ownership we can assume. That said, for those of us with children, this is an example of the dangerous ability of any dog at any given time.

Originally posted at InjuryBoard by Jeremy Thurman

Tulsa Infant Killed by a Puppy Part 2

Jeremy Thurman — Wed, 06 Aug 2008 15:54:16 GMT

I have received several comments about the above post I wrote last week. Most are how dare I slander pit bulls or bring breeds into as it is always the owners fault that a dog hurts or bites someone.

I would like to post the following in response to all those commentaries. First, in many cases it is the owners fault. Shame on owners who breed these dogs to be vicious attack animals. However, it doesn't take a lawyer to figure out that many breeds are more dangerous than others. I want to relay a personal example of what I'm talking about.

Back when I was dating my wife, I had a Shar pei given to me as a puppy. His name was Jaxon and he was a beautiful dog. I raised him with love and as a big baby. He slept in my bed with me and was treated wonderfully. He went through obedience training and could do every trick in the book. Nonetheless, the dog was extremely territorial of my property. You didn't dare enter my home unless I had a muzzle on him or he was locked in another room. The dog bit my wife several times and luckily she stayed with me. I talked to many vets and was desperate to do something because I was engaged to marry this woman and he didn't like her or anyone, including children.

I didn't raise him that way, he was borne that way. I loved him as a little dog and never taught him mean tendencies or to be aggressive. When I married I had to give him to my parents. My parents did the same thing and he was constantly around my parents and sister and her two children. On more than one occasion he tried to bite one of my nieces but was warded off by my father. Then finally he caught my child on the foot that required her to have two stitches. That was enough. As much as it pained me and my father to do this to a cherished pet, we took him to the vet and asked if there was anything we could do. The vet said no. He said to give him to an unknown person would kill him and the best thing to do was put him asleep. I've never felt so bad in taking a healthy beautiful loving dog and putting him to sleep because I was afraid he was going to hurt a child. My dad and I left almost in tears.

So for those who want to deride me about breeds, I know better. Its not always the owners fault and certain breeds have an inherent dangerous quality to them. That's why dog bite accidents, in particular this Tulsa one, are so horrifying.

Originally posted at InjuryBoard by Jeremy Thurman

Tulsa Infant Killed by a Puppy

Jeremy Thurman — Sat, 02 Aug 2008 23:07:39 GMT

One of the most tragic dog bite accidents I have every heard of recently happened in Tulsa Oklahoma. Newsok.com is reporting that 2-month-old infant was attacked and killed after being mauled by a Labrador puppy, Authorities believe the infant was left unattended in a swing with the dog attacked.

I have seen and litigated several dog bite accidents. I have seen children hurt and mauled as well as grown adults. Usually these accidents seem to be the result of what most of us would consider more dangerous breeds such as pitbulls. That said, our prayers are with this family and this little child. We should all take a look and remember the dangers of leaving any child unattended with any animal no matter how unassuming the animal is.

Originally posted at InjuryBoard by Jeremy Thurman

Motorcycle Accidents More Common On Oklahoma Roads

Jeremy Thurman — Sun, 27 Jul 2008 15:32:24 GMT

I'v written on this before, but high gas prices is having an amazing effect on more motorcycles being written which in turn equates to more tragic motorcycle wrecks. In what is commonly appearing more and more in our papers, more and more people are dying while riding motorcycles. The Oklahoman is reporting that "at least 31 motorcyclists have died in Oklahoma since May 1." Although sometimes these are single rider accidents, some of these accidents occur due to the negligence of an automobile driver. In those instances you need to seek out the help of a personal injury lawyer specializing in these accidents. The intracies of moving through the land mine field of automobile/motorcycle accidents is especially dangerous any layman to try.

Originally posted at InjuryBoard by Jeremy Thurman

Higher Gas Prices Equal Fewer Accidents

Jeremy Thurman — Tue, 22 Jul 2008 23:08:43 GMT

Just came across this article on yahoo and thought I would share it with everyone. An article came across on yahoo.com entitled "Study: As gas prices go up, auto deaths drop." The article dicusses a study by "Professors Michael Morrisey of the University of Alabama at Birmingham and David Grabowski of Harvard Medical School said they found that for every 10 percent increase in gas prices there was a 2.3 percent decline in auto deaths" The article also stated "The Department of Transportation said last month that Americans drove 1.4 billion fewer highway miles in April, the sixth month in a row that driving was down and a historic turnaround after decades of annual increases in driving."

Originally posted at InjuryBoard by Jeremy Thurman