Matthews Legal News
Spring Issue 2009
The Official Newsletter of Matthews & Associates Law Firm 2905 Sackett St., Houston, Texas 77098
Supreme Court Rejects Gadolinium – MRI/MRA Hablamos Español 888/520-5202
Pre-emption Defense Cases filed across the country Baby Brain Damaged
6-3 Ruling Preserves State Tort Suits USA – The firm has filed several cases AUSTIN – The firm has filed suit in
– in state courts across the U.S. and in Travis County on behalf of parents
WASHINGTON – In a decided loss whose baby was brain damaged in July
for the pharmaceutical industry, the federal court in Cleveland, Ohio – for
victims of gadolinium-based contrast 2007 after doctors failed to respond to
Supreme Court ruled 6-3 on March 4, pregnancy complications. There was a
2009 that a Vermont woman could sue dyes used in magnetic resonance imag-
ing. The firm will argue that the makers 15-hour delay in the delivery, which
Wyeth for injuries she suffered after should have been immediate. In addi-
taking one of the drug maker's medi- failed to properly study and research
gadolinium and the impact it could have tion, doctors and nurses didn’t properly
cines. Justice John Paul Stevens, in the ventilate the baby after delivery, which
court's majority opinion, said Food and on people with impaired kidney func-
tion, and failed to warn of gadolinium further exasperated his injuries.
Drug Administration oversight of drug
dye’s potentially fatal problems.
______________________________________________________________
labeling doesn't prevent the filing of
state-level consumer liability lawsuits The FDA has indicated all five avail- Raptiva Recalled
against drug companies. "In short," Jus- able Gadolinium/MRI contrast agents
can cause several serious problems, in- USA – The psoriasis drug Raptiva
tice Stevens wrote, "Wyeth has not per- was withdrawn from the market on
suaded us that failure-to-warn claims cluding nephrogenic systemic fibrosis
(NSF). Most NSF victims are on dyal- April 9 after it was found to be linked
like Levine's obstruct the federal regu- with a rare, but often fatal brain disor-
lation of drug labeling." isis. If the kidneys can’t expel gadolin-
(p. 3)
ium fast enough, it breaks free of its der, progressive multifocal leukoen-
cephalopathy (PML). Other “side
Corporate Assault Fails chelate (the substance it’s mixed with to
————–—–——————————————————————————
contain it); then it can infect skin, mus- effects” include potentially fatal infec-
as Supremes get it right cle tissue, bone and organs. (p.2)
tions such as bacterial sepsis, viral
In great news for citizens, the ———————————————————————————————— meningitis, invasive fungal disease and
other opportunistic infections. (p.2)
Supreme court rejected an assault by
pharmaceutical companies on the rights
18-Wheeler Accident
Elidel/Protopic Lawsuit
—————————————————————————————–———–––—
of people injured by dangerous drugs. HOUSTON – The firm has filed suit
It is a watershed moment in tort litiga- against the driver and company of an
18-wheeler that plowed through a HOUSTON – The firm has filed suit
tion. For 100 years, the FDA worked in
school zone on Old Beaumont High- in New Jersey on behalf of a 33-year-
a complementary
way, killing a 33-year-old woman and old woman who developed T-cell lym-
way with tort law;
her 12-year-old son. The firm represents phoma after taking Elidel. Since the
trial lawyers repre-
several surviving family members. FDA approved Protopic in 2000 and
sented injured peo-
The semi-tractor trailer hit the woman Elidel in 2001, seven cases of lym-
ple whenever FDA
and her son just after 2:00 on a Friday phoma and six skin cancer cases have
oversight failed to
afternoon in 2003, just as they were ex- been reported, according to the FDA.
protect them from
iting the school, less than 200 feet from Animal tests have suggested the creams
dangerous drugs,
a stop-lighted intersection. (p. 2) could cause cancer. Both skin products
devices or food. No
are made to control eczema. (p. 2)
single agency can ________________________________________________________________
be expected to pro-
tect people 100 percent of the time, but Labor Case filed in New York Table of Contents
Medical Device Act Challenged......p. 2
that is essentially what Big Pharma BUFFFALO, NY – Our firm, along
Dangerous Drugs/Devices...............p. 2
was arguing. (p. 2) with attorney Tim Goss of Freese & Spanair Crash Update......................p. 2
Goss of Dallas, Texas, has filed a class Supreme Court Ruling.....................p. 3
_____________________________________________________________________
David Matthews has a top rating in Mar-
tindale-Hubbell and is board-certified in
action lawsuit in New York state court Anatomy of a Lawsuit......................p. 3
personal injury trial law. Voted a “Texas against Luvata-Buffalo. The suit Mesothelioma/Asbestos...................p. 3
Super Lawyer” by his peers, he has more charges the foundry has failed to honor Lawsuits and Public Policy..............p. 3
than 100 jury verdicts. the Fair Labor Standards Act. (p. 2) Chinese Sheetrock Poisoning..........p. 4
Gadolinium/MRI
The skin of patients with NSF often
(from p. 1)
Dangerous Drugs Supreme Ruling (from p. 1)
Trial lawyers who primarily handle
swells and tightens on the extremities drug litigation exist to assist the FDA
Raptiva (from p. 1)
and sometimes the trunk. The condition with its job of policing Big Pharma,
Genentech, Inc., the drug’s maker,
may develop in days or months after an which closely watched the Wyeth ver-
disclosed that three cases of PML had
MRI. The FDA first warned medical dict. If the Supreme Court had ruled
turned up in patients taking Raptiva
professionals about the link between against Diana Levine – the musician
since October, including two that were
gadolinium-based dyes and NFD/NSF who lost her arm due to a Wyeth drug
fatal. A fourth patient taking Raptiva
in June 2006. The gold standard for di- – every drug-related case in the coun-
died of unknown cause after developing
agnosis is a punch biopsy of skin tissue try would have been jeopardized. Any
neurologic symptoms. Each of the four
for microscopic analysis. Anyone with drug company that had gotten any
had been taking the drug for more than
questions can call our toll-free Gadolin- product past the FDA could have
three years, according to Genentech.
ium line: 1-888-527-5722. pointed to the Levine case as a prece-
dent to skate free from whatever harm
Elidel/Protopic (from p. 1)
———————————————————————————————
Spanair Crash Update The Food and Drug Administration
its drug had done to anyone.
The back story is even more apalling
NEW YORK CITY – Matthews & As- has said that research shows these
than what you see out front on this one.
sociates attorneys David Matthews and creams are absorbed into the body and
Drug companies have, for years, fun-
Adam Funk filed a Pre-Action Disclo- can cause skin cancer and lymphoma.
neled millions of lobby dollars into
sure in Manhattan District Court last The creams work by suppressing the
weakening the FDA – which led to
month. Such a proceeding allows a immune system. They will carry a
record drug recalls in the mid 1990s. At
Plaintiff to obtain certain documents “black box” warning, the strongest car-
the same time, they’ve tried to hide be-
from Defendants before filing a lawsuit. ried on drugs and medicines.
hind it, with this pre-emption scheme,
Mr. Funk argued before Judge Madden when it was later found a drug or de-
that the documents in question would Avandia vice was dangerous or defective. Thank
aid Plaintiffs in identifying Defendants Avandia users are 43 percent more God their shameless assault failed.
involved in the manufacture of the de- likely to suffer a heart attack and 67 per-
Medical Device Act News
———————————————————————————————
fective jetliner which crashed in Madrid cent more likely to die of CV causes
last October, killing more than 153. than non-users, according to the New
____________________________________________________________
England Journal of Medicine. As lead- WASHINGTON – Representative
ers in the US with similar cases involv- Henry Waxman (D-CA) is leading a
18-Wheeler Accident (from p. 1) ing Rezulin, we handle Avandia cases. congressional charge to overturn Med-
Defense will argue a light was not ical Device Amendments (MDA) of
flashing on the yellow school sign stat- Seroquel 1976, which currently exempt corpora-
ing, “Speed Limit 35 when flashing,” Seroquel has been linked to a high in- tions from state lawsuits in cases where
and that the woman failed to yield. The cidence of type 2 diabetes, pancreatitis, medical devices were approved by the
trucker has admitted to driving at least hyperglycemia and other blood sugar FDA. Waxman and others are attempt-
50 mph in the school zone, which was disorders, leading the FDA to request ing to pass a law which would prevent
otherwise marked by the standard that manufacturer AstraZeneca clearly medical device makers from using FDA
schoolground caution signs seen list dangers on Seroquel packaging. We approval to fend off plaintiffs’ claims in
are currently litigating these cases. state courts. Medical device makers are
throughout the country.
currently shielded by the 1976 MDA.
—————————————————————————————————
Trasylol
_________________________________________________________
New York Labor Case (from p.1)
A blood-clotting agent used in heart Beware of Payment Scams
The FLSA requires workers be paid surgeries, Trasylol can increase the risk USA – People from all over the coun-
time and one-half for overtime work of heart attack, kidney complications try have been calling us about a curious
hours and that "salaried" employees be and stroke not only during surgery but check they have allegedly received
paid during plant shutdowns or "holi- up to five years after. It costs up to from Matthew (sic) & Associates.
day" time. All salaried employees who 1,000 times more than two alternative The scams vary daily, but many have
are ready, willing and able to work but clotting drugs, neither of which carries originated in Canada. They often an-
are denied access, not paid, and forced the same risks. We have filed several nounce you’ve won a lottery, and re-
to take vacation time could be entitled Trasylol cases in the U.S. thus far. quest you send tax on the winnings to a
to compensation. We may be able to sham company or give personal account
help. Please call for a free consultation. Call us for a free consultation. information. Don’t be victimized.
Mesothelioma/Asbestos Supreme Court Rejects Drug Pre-emption (from p.1)
Matthews & Associates continue to Justice Stevens added that, "Congress has repeatedly declined to preempt state
pursue mesothelioma cases throughout law," and that Bush administration changes to FDA policy claiming "state tort suits
the country. Mesothelioma is caused by interfere with its statutory mandate is entitled to no weight" in the Wyeth case.
exposure to asbestos, which is present in
The ruling affirms an opinion by the Vermont Supreme Court in a lawsuit
many work places such as construction,
brought by guitarist Diana Levine. She lost an arm after Wyeth's antinausea drug
ship building, automotive and other man-
ufacturing industries. People with a his- Phenergan was inadvertently injected into one of her arteries during a push IV in-
tory of extended asbestos exposure are at jection. Ms. Levine had gone to a clinic for treatment of a migraine headache. She
the highest risk for developing malignant argued that Phenergan's labeling, though approved by the FDA, didn't provide
mesothelioma. proper warnings of the risk of administering the drug through a push IV injection
Even minor exposure to cancer-causing instead of an IV-drip. A Vermont jury awarded her $6.7 million in damages. The
asbestos can result in malignant mesothe- Vermont Supreme Court upheld the award, ruling that FDA drug regulations don't
lioma. However, mesothelioma has a la- prevent a company from being sued under state law over drug labeling.
tency of up to 40 years. Many people Wyeth argued that Ms. Levine's lawsuit, which was based on Vermont law,
previously exposed to asbestos are only
should be preempted by federal drug regulations. The FDA, Wyeth said, knew of
now showing symptoms; the average
the drug's risks and benefits and instructed the drug maker to use labeling that ac-
age of meso victims is 50 – 70.
Asbestos consists of tiny fibers that can commodated both. Wyeth claimed it wasn't free to change the label warnings.
Toxic Chinese Sheetrock
find their way to the outside lining of the
_____________________________________________________________________________________________________________________________________
lung and damage the cells pleura is made (from p.4)
of. These fibers can also be carried on The easiest way to check your home, says Thomas Martin, head of America’s
clothing, which also makes them danger-
Watchdog, is to remove electrical faceplates and see if copper ground wires have
ous to family members.
blackened. Contact America’s Watchdog at 866-714-6466, or via the group’s web
Symptoms may include, but are not
limited to, respiratory distress and a last- site at http://HomeownersConsumerCenter. More than 300,000 homes may be af-
ing cough and pneumonia. Symptoms are fected. For legal recourse, contact Matthews & Associates for a free consultation.
often mistaken for less serious ailments,
and many patients show no signs at all.
Diagnosis is usually made by chest x-
Anatomy of a Lawsuit – an overview by Lizy Santiago
rays and CT scans. Anyone with concerns Many clients understandably ask about the process of filing their case, so here
should seek medical help. it is: Once companies receive copies of our petition informing them that we have
filed a lawsuit, they have approximately 20 days to answer. Their response is
Call us for a free consultation typically in a form that basically says, “We didn’t do it. Prove it, if you can.”
The next step in the process is called discovery. This is the time given us by
Lawsuits and Public Policy the court to investigate and develop the case. Discovery can last from six to
HOUSTON – In addition to compen- twelve months or longer, depending on the scope of the litigation.
sating victims for their injuries and suf- One of the first steps in discovery requires a plaintiff to answer many writ-
fering, lawsuits can also encourage ten questions (interrogatories) and provide several documents relevant to the
businesses or corporations to work in lawsuit, through a formal request for production. Once we receive the inter-
ways to improve citizens’ safety. rogatories and request(s) for production of documents, we contact the plaintiff
A man was stabbed in the head last to help answer the questions and locate the relevant documents. We then type
year on a Houston premises. The prop- everything and submit the final document to defense.
erty was surrounded with criminal ac- As part of the discovery process, the plaintiff and many other
tivity that spilled over to the property’s key witnesses and experts will also be interviewed in person
parking lot. A lack of security and dim and under oath by lawyers for the defendants. This interview
lighting set the stage for the stabbing in under oath is called a deposition. During the deposition, a
the graffiti-vandalized area. Matthews plaintiff will be asked many of the same questions previously
& Associates settled the case; and a few answered in writing, and also some new questions.
weeks later, the property owners made Once discovery is complete, if the Court has not yet assigned
safety improvements. They hired a se- a trial date, we request one. Prior to trial, the court may re-
curity guard on a golf cart, cleaned up quire we participate in a dispute resolution process called me-
ugly graffiti and added more lighting. Lizy Santiago diation. If a case is not settled during mediation, we move
The bottom line: besides compensating –—————————————
forward to trial preparation. We work every case assuming it
injured victims, lawsuits can provoke will go to trial. The litigation process can take one to two years or more. I hope
positive changes. this gives some helpful overview of the long and arduous legal process.
Toxic Chinese Sheetrock Poisoning Homes Matthews Legal News gives clients and
other friends across the country up-to-date
USA – China continues to make news with poison products. Toxic Chinese
information about our firm’s litigation
drywall that first showed up in 2001 in Florida and the Eastern U.S., may also as well as late-breaking national news.
be found in New Orleans and Southeast Louisiana, Texas, Colorado,Virginia, Matthews & Associates is a law firm of
Georgia, Washington, Oregon, California, Arizona, Nevada, Oklahoma the Car- trial lawyers, consultants, investigators
olinas and numerous other states. A lawsuit seeking class action status has been and medical personnel. We help people
filed in Florida, alleging walls in homes were built with toxic Chinese drywall. harmed by negligence, greed or incompe-
Symptoms include a rotten egg or sulphur smell; continuous failures of air tence. With more than 100 years of com-
conditioning coils or HVAC units; corroded electrical wiring in properties built bined legal experience, our lawyers have
or remodeled since 2001; the repeated failure of oven or stove elements or re- practiced law in nearly all 50 states and
frigerator coils. Health symptoms include mild to severe upper respiratory prob- Puerto Rico. We have the financial re-
sources to handle any personal injury case.
lems, nose bleeds, headaches or other potentially serious health problems. A
simple test can show homeowners whether they have toxic sheetrock. (p. 3) Matthews & Associates
David P. Matthews, J.D.
_________________________________________________________________________________________________________________________________________
Baby’s Death Linked to Poor Medical Treatment Julie L. Rhoades, J.D.
PORT ARTHUR, TEXAS – Jason C. Webster of Matthews & Associates is Lizy Santiago, J.D.
preparing to file a lawsuit against an obstetrician and a Port Arthur hospital for Jason C. Webster, J.D.
negligence which resulted in the death of a baby boy. Born in May 2007, the Adam T. Funk, J.D.
baby weighed a healthy 7 lbs. 6 oz., but unbeknownst to the mother, she had pre- Rachal G. Rojas, J.D.
viously tested positive for Strep B bacteria. Both the physician and the hospital
C.F. Jeb Wait, M.D. J.D. – of Counsel
overlooked the pre-existing condition and failed to treat it properly. The result-
ant infection was transferred to the baby, killing him 11 days after his birth. Mr.
Webster will argue to a jury that a simple round of antibiotics prior to the birth 888/520-5202; 713/522-5250
would have prevented the infection and saved the baby's life.
713/535-7184 fax
_____________________________ Call us for a Free Consultation www.matthewsandassociateslawfirm.com
Matthews Legal News
Matthews & Associates
2905 Sackett St.
Houston, TX 77098
Hablamos Español