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The July 2009 issue of the Journal of the American Medical Association (JAMA) contains an article analyzing the 1999 to 2005 death rate from mesothelioma, a cancer of the lining of the lung caused by exposure to asbestos. The article is based on a report from the National Institute for Occupational Safety and Health (NIOSH). 18,068 deaths attributed to mesothelioma were reported during that time period, with an increase from 2,482 deaths in 1999, to 2,704 in 2005. The JAMA article recommends that physicians should document the occupational history of all patients who are suspected to have and are confirmed to have mesothelioma.

The U S Food and Drug Administration (FDA) is an agency that is part of the United States Department of Health and Human Services. It is responsible for the regulation and oversight of many products consumers use on a daily basis, such as foodstuffs, drugs (both prescription and over the counter, or OTC drugs), medical devices (for example pacemakers and artificial joints), vaccines, radiation emitting devices (x-rays), veterinary products and even cosmetics! In 2004 the FDA employed 14,000 persons in its various departments. In 2009, the FDAs budget was nearly 2.5 billion dollars, with nearly 628 million of that coming from user (pharmaceutical company) fees.

Jonathan Miller and team have won a victory in the PA Supreme Court upholding strict liability in the case Bugosh v. I.U. North America, Inc..

What is Strict Liability?
In essence, strict liability holds a manufacturer or seller liable for harm done by his product, whether or not he knew or should have known that the product could cause that harm. Strict liability can attach for harm from a poorly designed product, a poorly manufactured product, or the failure to warn adequately of the hazard from the product.

On March 18, 2009, a New Jersey Appellate Court ruled against two companies which had tried to compel an autopsy of a man who had just died of mesothelioma. To make matters worse, the two companies, Honeywell and Chrysler, did this between the time his family and friends had just departed from Spotswood, New Jersey, gravesides services, and the time the man's remains were to be buried.

Harry St. John had just passed away on February 28, 2009 and the burial services were March 4, 2009. Mr. St. John contracted the fatal cancer from asbestos exposure at his father's auto repair shop. The asbestos companies stayed the burial services after the family had left the grave site.

The U.S. Supreme Court on March 4, 2009 issued what will be one of the most important decisions of this term. In Wyeth v. Levine, the court wrote in a 6 to 3 opinion a sweeping and powerful rejection of Wyeth's argument, that plaintiff's right to sue was barred by the concept of federal preemption.

Plaintiff's arm had to be amputated when the drug Phenergan was injected into her vein by the IV-Push method. A jury found in her favor, finding that Wyeth failed to adequately warn of the risks of this method. Wyeth argued that it was immune from suit and the jury's finding must be overturned.

Two lots of Duragesic pain patches were recalled on December 31, 2008 by the Pri-Cara division of Ortho-McNeil-Janssen Pharmaceuticals, Inc., which is a unit of Johnson & Johnson. The reason given was that cuts in the product might allow direct exposure to the fentanyl gel, which is a very powerful opioid. That exposure can cause a potentially fatal overdose.

There is a long history of recalls and of Public Health Advisories from the FDA regarding fentanyl pain patches. Millions of pain patches have been recalled. Manufacturers include Alza, Sandoz, Janssen, Mylan, Watson and Actavis. Actavis patches also involve the names of Corium International and Abrika Pharmaceuticals. The FDA has received hundreds of reports of fatalities associated with fentanyl patch use. Millions of dollars in jury verdicts have been awarded.

The danger of carbon monoxide has been recognized in terms of its hypoxic effect for some time. This happens because carbon monoxide binds with the red blood cells or hemoglobin at a rate 240 times greater than does oxygen. This displaces oxygen in the transport to the organs of the body that are so dependent upon the constant replenishment of oxygen supply. The brain and the heart are the two largest consumers of oxygen in the body. It is now becoming recognized that carbon monoxide also causes a cascade of inflammatory effects that damage the brain and heart even after the carbon monoxide or carboxy hemoglobin levels have declined.

Much of American commerce is carried by big trucks on our highways, but far too many major accidents occur involving negligence or even reckless indifference by truckers and trucking companies. Truckers are governed by the Federal Motor Carrier Safety Regulations which contain many requirements from checking the safety equipment on trucks before a truck leaves the yard, to hours of operation, to loading safety.

Now a new United States safety study which was obtained by the Associated Press has found that many drivers are violating the rules by driving while sick. This is sometimes done with the complicity of medical doctors who approve long term conditions such as those that cause periodic black outs, or with the consent of the trucking company that allows a sick driver to go out on the road.

Fatigue has long been recognized as a major factor in accidents involving over the road truck drivers. These drivers are on the road for many hours each week with a maximum of 70 allowed under Federal regulations in an 8 day period. Unfortunately the hours per day requirement has been relaxed by the Administration so that drivers are no longer limited to 8 consecutive hours on the road but may now drive 10. Nevertheless, fatigue is often a cause of serious accidents caused by inattentiveness, falling asleep at the wheel, or inadequate surveillance of the highway. The current study reported by the AP suggests another significant causative factor as sick drivers fatigue more rapidly and take over the counter medications. When a driver is sick the tendency to shortcut safety inspections and become overly tired on the road increases significantly.

Marc P. Weingarten, a Partner in Locks Law has been elected to a fellowship in the Litigation Counsel of America (LCA). LCA is a trial lawyer honorary society composed of less than one half of one percent of all American lawyers. Fellowship in the LCA is based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation.

Marc P. Weingarten, a Locks Law Partner, has been reappointed to the International Relations Committee of the American Association for Justice (AAJ). The purpose of this committee is to review and strengthen the relationship between AAJ and trial lawyer organizations of other countries. In addition to being appointed to this committee, Marc is the education coordinator for the International Practice Section of AAJ. In that role, he has arranged for lawyers from England, Holland, Canada, California, and Ohio to make an educational presentation at this year's annual convention of AAJ, to be held in Philadelphia in July. In addition, Marc will be speaking at that program as well, and his topic of presentation will be international litigation concerning Vioxx.