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fall 2007


									summer/fall 07 newsletter.QXD   8/27/07   11:21 AM   Page 1

        Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C.                                                     Fall Newsletter 2007

        New Avandia Study Shows Major Heart Risks from Drug
       On May 21, 2007, the New England Journal of Medicine                      death by 43% and 64%, respectively, in comparison to the use
       released a new study on the drug Avandia which shows that                 of a placebo or other anti-diabetic therapies.
       patients getting Avandia were 43 percent more likely to                            Until further information becomes available, Cleveland
       have a heart attack.                                                      Clinic is urging its patients taking this medication to please con-
                                                                                 sult their physician. There are other medications that can be
       Avandia is an oral medicine intended to control blood sugar lev-
                                                                                 used as an alternative treatment for type 2 diabetes. Do not stop
       els that almost 5.3 million people have used since it was
                                                                                 taking your medications without speaking to your doctor. If you
       approved in 1999. There have been over 3 Billion dollars of
                                                                                 or your loved one has suffered a heart attack while taking
       Avandia sold in the United States. The study at the Cleveland
                                                                                 Avandia, call us at 1 (800) FAIR-PLAY today.
       Clinic shows that Avandia increases a patient's risk of heart
       attack and death. In the study, patients were relatively young,
       averaging less than 57 years of age. This study concluded that
       Avandia raises patients’ risk of heart attack and cardiovascular                    Ortho Evra Cases Starting
                                                                                            Settlement Discussions
            Pharmaceutical Cases Update                                            If you use the Ortho Evra Patch and suffered a blood clot,
                                                                                   stroke, heart attack or serious injury while wearing the patch,
      While all medications have certain anticipated side effects, a               there is a good chance you are entitled to compensation. In
      drug manufacturer has a duty to make its products as reasonably                          order to help you get compensation we need you to
      safe as possible, and to inform the medical commu-                                       contact us as soon as possible. We need to gather
                                                                 The FDA frequently puts
      nity and the public of known risks associated with its                                   proof that you used the Ortho Evra Patch from: pre-
                                                                    out new advisories
      drugs. If a manufacturer fails to do so, it can be held                                  scriptions, packaging and/or pharmacy records and
                                                                    on drugs, products,
      legally responsible if patients are injured as the                                       get medical records to establish your injury. We are
                                                                   and medical devices.
      result of inadequate warnings or the unreasonably                                        prepared to move swiftly to gather this proof and then
      dangerous nature of the drug, under a legal theory                                       get your claim in suit. Since Settlement Discussions
      called “product liability.”                                                              are starting now is the time to contact us.

                                                                 Did you know 1 in 5 new
        Purdue Pharma L.P., the maker of               drugs is found to have
                                                                                   million after a 4fi hour hearing. The hearing includ-
        OxyContin, and three of its executives                                     ed statements by numerous people who said their
                                                    significant safety problems
        were ordered to pay a $634.5 million fine                                  lives were changed forever by addiction to
                                                    after FDA approval and new
                                                                                   OxyContin, a trade name for a long-acting form of
        for misleading the public about the pain-     information is regularly
                                                                                   the painkiller oxycodone. Oxycontin was designed
        killer’s risk of addiction and pleaded     discovered about older drugs.
                                                                                   to be swallowed whole and digested over 12 hours,
        guilty in May to Misdemeanor counts of                                     the pills can produce a heroin-like high if crushed
        misbranding the drug for claiming that OxyContin                and then swallowed, snorted or injected. Michael Friedman,
        was less addictive and less subject to abuse than               who retired in June as Purdue’s president, general counsel
        other pain medications.                                         Howard Udell and former chief medical officer Paul
                                                                                 Goldenheim each pleaded guilty in May to a misdemeanor
        U.S. District Judge James Jones fined Purdue, its top lawyer             count of misbranding the drug for claiming that OxyContin was
        and former president and former chief medical officer $634.5             less addictive and less subject to abuse than other pain med-                                                                                                   800.FAIR.PLAY
summer/fall 07 newsletter.QXD    8/27/07   11:21 AM   Page 3

                       Novartis Recalls Zelnorm, An Irritable Bowel Syndrome Drug
       In March, 2007, the FDA recommended that Zelnorm be removed from the market after reviewing data that found
       users of Zelnorm experienced heart attacks, strokes at a rate 7 to 8 times greater than those who took a placebo.
       The Zelnorm recall took place based upon upon data from nearly               by IAG Research, a company that rates TV ad effectiveness, for
       30 clinical trials that showed over 18,000 patients who suffered             having one of the best prescription drug ads. The “tummies” ad
       from adverse cardiovascular events, including strokes and heart              campaign turned women’s bellies into billboards and boosted
       attacks. Zelnorm was originally approved in 2002 for short-term              Zelnorm sales growth to $561 million in 2006. Our lawyers are now
       treatment of constipation in women with Irritable Bowel Syndrome.            reviewing Zelnorm cases. If you have suffered a heart attack, or
       It was later approved for treatment of chronic constipation in               stroke while taking Zelnorm, call our lawyers at 1-800-FAIR-PLAY
       patients aged 65 and under. Novartis had been marketing g                    today.
       Zelnorm with wonderful success. Last year, Zelnorm was honored

          Did You Get Hurt Because of
       Pharmacy Error? You Are Not Alone                                                  Acute Myelogenous Leukemia
                                                                                                 and Benzene
       Pharmacy Negligence Lawsuits - are one of the fastest growing
       types of personal injury cases. Pharmaceutical errors are unfortu-              Help is available for clients diagnosed with AML. If you or a
       nately very common and sometimes can be deadly or can cause                     loved one has been diagnosed with Acute Myelogenous
       severe injuries. We are investigating cases against Drug stores and             Leukemia due to exposure to the toxin Benzene, we can help
       Pharmacies who fail to notify patients about recalls of prescription            you. Please call us immediately to speak with an attorney
       medication; fail to notify patients about drug interactions and                 who is experienced in helping clients who have been diag-
       improperly filled prescriptions by giving an incorrect medicine or              nosed with AML.

                New Vioxx Study Makes                                                FDA Issues Recall for Hernia Patch
             Plaintiffs’ Case Even Stronger                                         The federal Food and Drug Administration (FDA) has issued an
                                                                                    updated recall for Bard’s Composix Kugel Mesh Hernia Patch,
       Another blow to Merck & Co.’s defense in the Vioxx litigation,               which has been linked to ruptured bowels and intestinal fistulae in
       results from a yet-to-be-published study suggest that                        some patients due to a design defect. The patch is used in ventral
       increased heart risks associated with the painkiller began                   hernia repair and relies upon a “memory recoil ring” that fails to
       immediately after patients started taking the drug.                          activate. The hernia mesh recall will affect thousands of patients
       Since Merck withdrew Vioxx from the market in September 2004, it             who had ventral hernia surgery in the last two to three years. The
       has argued that patients weren’t at any heightened risk of a serious         FDA has received reports of more than 80 injuries and other prob-
                                                                                    lems, including several fatalities and the need for additional surger-
       cardiovascular event unless they had taken the medicine for at
                                                                                    ies to repair bowel perforations and remove the Kugel Mesh Patch.
       least 18 months. The new study, known as Victor, was conducted
       by researchers at Oxford University in England. A Merck defense
       attorney sent a copy of the study to New Jersey Superior Court
       Judge, Carol E. Higbee along with a letter saying that it was ‘our
                                                                                         Permax and Dostinex Linked to
       understanding that this manuscript has been accepted’ for publica-
       tion by the New England Journal of Medicine.
                                                                                                Heart Damages
                                                                                                                      Permax (pergolide) and Dostinex
              Fosamax Litigation Heats Up                                                                             (cabergoline) are two drugs pre-
                                                                                                                      scribed for Parkinson’s Disease
                            Fosamax is manufactured by Merck, which                                                   and Restless Leg Syndrome and
                            also manufactured Vioxx the cox-2 inhibitor                                               other neurological condtions.
                                                                                                                      These drugs have been demon-
                            pulled from the market after proof that it
                                                                                                                      strated to increase risk of heart
                            caused heart attacks and strokes. Fosamax is
                                                                                                                      valve damage 5 to 7 times. This
                            prescribed to treat osteoporosis and Paget's
                                                                                                                      is the same type of heart damage
                            disease. Unfortunately it also can cause
                                                                                    that led to the withdrawal of the diet drug combination Fen-phen.
                            Osteonecrosis of the Jaw (ONJ), a condition             Heart valve leakage, Cardiac Valve Damage, Valve regurgitation,
                            where the Jaw literally rots. ONJ leads to              Primary Pulmonary Hypertension (PPH), Heart Failure or Death are
                            infections and                                          side effects associated with Permax and Dostinex. If you or your
                            fractures and may                                       loved one have taken these drugs and developed these problems
                            require long term                                       call our office today.
                            antibiotic therapy
       and surgery to remove the rotting
       bone. One example of Merck’s wrong-                                          providers about ONJ on September 24, 2004. The warning did not
       doing is that the FDA ordered Merck                                          come until 11 months later, in July 2005. Hundreds of Fosamax
       to issue a warning to health care                                            cases have already been filed. Cases will likely go to trial in 2008.                                                 -2-                                                    800.FAIR.PLAY
summer/fall 07 newsletter.QXD   8/27/07   11:21 AM    Page 4

                          RECENT SETTLEMENTS
                                                                                  persisted and caused the plaintiff to fall on a wet floor, sustaining
         Motor Vehicle Accident                                                   severe personal injuries to her spine and shoulder. The key to prov-
        $1,104,000 SETTLEMENT AT MEDIATION. Martin Block recently                 ing the case was establishing through witnesses the recurrent
        settled a case at a mediation for present and future payments total-      nature of the leak and the failed efforts to address the cause of it.
        ing $1,104,000. The settlement is structured so that $500,000 will        Eventually, after persistent demands for disclosure of maintenance
        be received upfront and the Plaintiff will receive $604,000 in future     and repair records and multiple depositions of defendants we were
        payments all tax free.                                                    able to obtain a settlement of $900,000 for our client.
             The case involved a young man who was driving a private taxi
        which was involved in a collision with a truck. There were two very       Slip and Fall on Ice
        different version of how the accident happened. According to our
        client, the Defendant suddenly made a left turn in front of him
                                                                                  $647,333.00 JURY VERDICT. Trial Attorney Mark Bernstein
        causing the accident. According to the Defendant, he was stopped
                                                                                  obtained a Jury Verdict of $647,333.00 which included $133,333
        before making his turn when he was struck by the Plaintiff's vehicle
                                                                                  past lost wages, $300,000 past pain and suffering, $64,000 future
        which was traveling very fast. In addition to obtaining the police
                                                                                  lost wages, $150,000 future pain and suffering. The case involved a
        report and photographs of the location of the accident, Mr. Block
                                                                                  trip and fall on ice on the sidewalk adjacent to a New York City
        hired a leading accident reconstruction expert. This expert went to
                                                                                  Transit Authority (NYCTA) subway. A witness observed water leaking
        the scene of the accident; reviewed the deposition testimony of
                                                                                  from a standpipe embedded in the sidewalk which had a sign stat-
        both parties; reviewed the photographs and police information and
                                                                                  ing “NYCTA standpipe.” That witnessed observed other people fall
        came to the conclusion that the evidence supported the position
                                                                                  before the plaintiff fell and stated that he observed ice on the side-
        that the Defendant suddenly made a turn in front of our client's
                                                                                  walk which had formed due to the leaking standpipe for 20-30 min-
        vehicle causing the accident. The Defendant’s attorneys hired their
                                                                                  utes before the plaintiff's fall. NYCTA produced maintenance logs
        own expert who came to the conclusion that the accident was
                                                                                  showing that the area was clean the night before the accident.
        caused by the Plaintiff operating his vehicle at a high rate of speed.
                                                                                  Plaintiff's injury was an aggravation of a pre-existent right knee
             The driveway where the Defendant was turning into led to a
                                                                                  injury (osteoarthritis, lateral meniscus tear) from a prior injury five
        parking area for a commercial building. Our investigation revealed
                                                                                  years earlier and an additional medial meniscus tear which required
        that there were video cameras on the outside of the building facing
                                                                                  arthroscopic surgery five months after the accident and a knee
        the parking lot. We were able to obtain the videos for the time of
                                                                                  replacement surgery four years after the accident. The plaintiff could
        the accident. Fortunately for us, they showed portions of both vehi-
                                                                                  not return to work as a home health aide. Defendant only offered
        cles in a timed sequence. We were able to have individual frames
                                                                                  $100,000 before the Jury Verdict.
        developed and subsequently blown up and mounted on boards.
        The Defendant had testified at his deposition that he was stopped
        for at least three seconds prior to the impact. An examination of         Lead Poisoning
        these exhibits from the videotapes clearly showed that he was not
        stopped for the period of time he testified to.                           $550,000 SETTLEMENT BEFORE TRIAL. On the eve of trial, Block
             Just prior to trial, a mediation was scheduled with an impartial     received a settlement offer for an infant client who was exposed to
        mediator in an attempt to settle the case. Mr. Block brought the          lead-based paint from on or about July, 1996 through on or about
        blow-ups of the videotapes as well as blow-ups graphically depict-        December, 1997. The infant plaintiff was diagnosed with an elevated
        ing our client's surgeries. He was able to convince the mediator          blood lead level of 24 mcg/dl in October, 1997. Previously, while liv-
        and the representatives of the Defendant that the accident was the        ing in the apartment, in January, 2007 the child had a normal lead
        fault of the Defendant thereby making the settlement possible. The        level. Nonetheless we argued that the initial exposure began some-
        damage to Plaintiff’s vehicle was significant and he had to be cut        time before that. Our client is classified as learning disabled.
        out from the vehicle and subsequently airlifted to the hospital. As a
        result of this accident, he suffered multiple fractures and was hos-
        pitalized with multiple surgeries and a permanent disability. It is our   Motor Vehicle Accident
        philosophy that in order to get the best possible result for our
        clients, thorough preparation is essential.                               $400,000 SETTLEMENT AT MEDIATION. E. David Woycik settled
                                                                                  this motor vehicle accident case at mediation. This client transferred
         Slip and Fall                                                            her case to our office because she was unhappy with the first
                                                                                  lawyer she was working with. We were able to significantly increase
        $900,000 SETTLEMENT AT MEDIATION. Barbara Manes, with the                 the value of this case by recognizing that our client was having
        assistance of E. David Woycik, recently successfully mediated on          memory and cognition problems. Although she was not a good stu-
        behalf of a client who had sustained a slip and fall at her place of      dent prior to the accident, with some failing grades and incom-
        employment – a medical office. According to the client and several        pletes, we were able to send her to an Expert neuropsychologist
        of her co-employees, there was an ongoing leak in the ceiling in a        who confirmed that she did have memory, attention and learning
        storage room that had been repeatedly brought to the building             problems attributable to the accident. His report enabled us to
        management’s attention. Despite several service calls, the problem        obtain this excellent result.

       800.FAIR.PLAY                                                           -3-                       
summer/fall 07 newsletter.QXD      8/27/07    11:21 AM     Page 5

        Sanders, Sanders,                                                                                                                        PRSRT STD
                                                                                                                                                U.S. POSTAGE
        Block, Woycik,                                                                                                                               PAID
        Viener &                                                                                                                                FLUSHING NY
                                                                                                                                                Permit No. 1385
                                              100 Herricks Road
        Grossman, P.C.                        Mineola, New York 11501
        ATTORNEYS AT LAW                      800.FAIR.PLAY

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        We Can’t Help You If We Can’t Find You!                                         Susan M. Guterding at We would like to
        Have you changed your contact information? If you are intending to move,        start an e-mail database so that we can more frequently contact our
        please notify our office so that we may update our records.                     clients about changes in the law.

                         INSIGHTS INTO THE LAW                                           SUPPORT OUR TROOPS!!
         INSIGHTS is published for clients and friends of the law firm of
         Information contained in this publication is not intended to fully interpret
         current law, and should not be viewed as a substitute for legal
         consultation in that laws change from time to time and may be affected
         by specific circumstances. We welcome questions or comments
         regarding any information contained within these pages.
         IN CASE OF INJURY . . .
         When your friends, family members, or fellow workers get injured, they
         may need an attorney. We’ve helped thousands of people obtain
         compensation for their injuries.
         Our toll free telephone number is 1-800-FAIR-PLAY. Please give it to
         someone who might need our services.

                        SE HABLA ESPANOL
                    INFORMACION SOBRE LA LEY
         Esta publicacion es para clientes y amigos de la firma de SANDERS,
         cion contenida en esta publicacion no esta hecha para interpretar la ley
         actual y no debe ser vista como un substituto de consulta legal ya que                   SSBWV&G LOCATIONS
         las leyes cambian de tempo en tempo y pueden ser afectadas por
         circumstancias especificas.
                                                                                                                                     Concourse Plaza
         EN CASO DE UNA LESION . . .                                                       100 Herricks Road                       220 East 161st Street
         Cuando sus amigos, miembros de la familia o companeros de trabajo              Mineola, New York 11501                   Bronx, New York 10451
         han sufrido un lesion podrian necesitar un abogado. Nosotros hemos
                                                                                             800.526.6670                             718.537.6666
         ayudado a miles de personas en obtener compensacion por sus lesiones.
         Nuestro numero de llamadas gratis es el 1-800-FAIR-PLAY. Por favor
         dele esta publicacion a algien quien pueda necesitar nuestros servicios.
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         Traducciones de este articulo en Espanol estan desponibles. Si usted                            Hauppauge, New York 11788
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