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By Lindsay Proskey

Recently, the Seventh Circuit dismissed thousands of claims against Pfizer, the manufacturer of a generic testosterone drug, Depo-T, for inadequately warning consumers that Depo-T increased heart attacks in older men.[1] The consumers' right to relief hinged on Depo-T’s classification as a generic or brand name drug. The Seventh Circuit found the plaintiff’s claims preempted under federal law and barred by Supreme Court precedent, leaving these consumers without recourse. The controlling Supreme Court precedent and outdated FDA rules collectively frustrate state tort laws, impede on consumer rights, prevent injured consumers from judicial relief, and insulate generic drug companies from state product liability law under the guise of preemption.

Federal Preemption

Federal law “preempts” or displaces state law when state and federal law conflict. The doctrine of preemption derives from the Supremacy Clause[2] of the United States Constitution. Upon state ratification, federal law became superior over state law, within the realm of constitutionally delegated authority, thereby granting states the rights and powers “not delegated to the United States.”[3]  Traditionally, states have the power to establish and enforce laws protecting the welfare, safety, and health of the public. Since federal and state governments have both exclusive and concurrent powers, a problem exists when both levels of government regulate the same subject matter. Where preemption applies, federal law trumps state legislatures, courts, administrative agencies, and constitutions. Thus, the Supreme Court accepts the Supremacy Clause as a “basic constitutional command that all conflicting state provisions be without effect.”[4]

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By Timothy Tomasik

If you or a loved one have been recently diagnosed with cancer, there is no doubt that you have a multitude of questions racing through your mind. What sort of treatment options are available? What are side effects of chemotherapy? How will my, or my family member’s body handle the drugs that they are prescribed after treatment? And of course, ultimately will the treatment be successful?

It is no secret that a cancer diagnosis can be one the most frightening and uncertain times for a family. Once diagnosed, patients typically consult with their doctor to determine what chemotherapy options are available to target and destroy cancer cells. Unfortunately, chemotherapy cannot tell the difference between a cancer cell and a healthy cell making temporary hair loss from a common side effect of treatment. While most patients grow their hair back after treatment ends, some chemotherapy drugs are making this loss permanent. Sadly, patients, (especially female breast cancer survivors), are beginning to experience permanent hair loss after using the chemotherapy drug Taxotere ®.

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heartburn medication dementia, Chicago personal injury lawyerAll medications come with risks, but some have more than others. Unfortunately, the risks are not adequately researched, or worse, properly disclosed to prescribing physicians and patients. The warnings, in many instances, are inadequate. Such instances involving dangerous or defective drugs can wreak havoc on the lives of unsuspecting victims. Case in point: the recent study that revealed popular heartburn medications may carry an elevated risk of dementia.

Proton Pump Inhibitors and Their Uses

Proton pump inhibitors, or PPIs, are a class of drugs used to treat certain gastric conditions, including peptic and stomach ulcers, acid reflux, and gastroesophageal reflux disease (GERD). Available both by prescription and over the counter, they are used by an estimated 15 million Americans. Some who take them claim they are difficult to stop because the condition returns with an increase in severity. But, in light of recent studies, cessation of use may very well be the best course of action, particularly for those who suffer from milder versions of the treated conditions.

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By Shawn Kasserman

clinical trials, Xarelto safety, Chicago product liability attorneysFrom the allegedly biased trials to supposedly hidden results, there is no shortage of issues surrounding Xarelto and how it came to be a mainstream drug. Unfortunately, the concerning information just keeps piling up; the most recent suggests that data may have been inaccurate due to the use of a defective international normalized radio device in the drug’s initial clinical trials.

U.S. Food and Drug Administration Reviews ROCKET AF Study Data

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By Shawn Kasserman

choosing an attorney, Chicago xarelto injury lawyersBayer and Janssen Pharmaceuticals are now facing more than 2,000 lawsuits for their widely used anticoagulant, Xarelto. All share the common thread of pain, injury, and loss. But each case is also unique, varied by its circumstances and level of loss, which can impact on the overall success and outcome. Individual attorneys also represent most. This, too, can impact how much compensation they may or may not receive.

All of this may be frightening to think about, especially if you are considering joining the Xarelto lawsuit cases. Maybe your life may have been drastically altered, or maybe someone you love may have suffered a wrongful death. Whatever your situation, it is important to recognize that you do have control over how you proceed and that there are people who genuinely want to help.

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