Fort Lauderdale Injury Lawyer Blog

Mega drug company Astra Zeneca has agreed to pay $ 520 million to resolve charges that it unlawfully pushed a powerful anti-psychotic medication to treat medical problems that it was never approved for the Food and Drug Administration.

Astra Zeneca, although continuing to deny that it did anything wrong, will nevertheless poney up over a half billion dollars.

According to the government prosecutors, Astra Zeneca improperly promoted the drug Seroquel as a treatment for Alzheimer's, anger management, depression and sleeplessness, despite only having the required approval for schizophrenia, bipolar depression and bipolar disorder in the country. This marketing campaign resulted in false claims for payment being made to government health programs such as Medicaid, the government claimed.

Astra Zeneca also violated 'anti-kickback' laws by compensating physicians recruited to put their names on articles written about off-label uses of Seroquel, according to the government. This practice is often referred to in the industry as "ghost writting."

Attorney General Eric Holder emphasized that "[t]hese were not victimless crimes - illegal acts by pharmaceutical companies and false claims against Medicare and Medicaid can put the public health at risk, corrupt medical decisions by health care providers, and take billions of dollars directly out of taxpayers' pockets." Holder stated that the fine largest amount ever paid to settle an off-label marketing allegation that doesn't involve criminal charges.

Once again Big Pharma placed profits over the safety of the people using its products. The wrongful prescription of Seroquel can result in a number of unnecessary symptoms including weight gain, hyperglycemia and diabetes. Presently, Astro Zeneca is being sued for damages arising out of this marketing campaign. If you or anyone else you now has suffered injuries as a result of Seroquel, please contact us.

Continue reading "Astra Zeneca agrees to $520 million fine" »

The Florida House is considering a bill to allow waivers of liability signed by parents in favor of businesses involved in high risk activities for children such as theme parks, go-cart tracks and other businesses. The bill has already been passed by the Senate and will go to the House for vote.

In Kirton v. Fields, 997 So.2d 349 (Fla. 2008), the Florida Supreme Court, held that a pre-injury release executed by a parent on behalf of a minor child is unenforceable against the minor or the minor's estate in a tort action arising from injuries resulting from participation in a commercial activity. In the Kirton case, a 14-year-old boy was killed while riding an all-terrain vehicle at a commercial track. The Florida Supreme Court allowed the boy's family to sue the track even though his father had signed a liability waiver.

The Republican dominated Florida House and Senate appears to be more concerned with the profitability of its business constituents and corporate donors then the welfare of children. If pre-injury releases are permitted for commercial establishments, the incentive to take reasonable precautions to protect the safety of minor children would be removed. Moreover, as a provider of the activity, a commercial business can take precautions to ensure the child's safety and insure itself when a minor child is injured while participating in the activity. On the other hand, a minor child cannot insure himself or herself against the risks involved in participating in that activity.

Continue reading "Florida House to reinstate child liability waivers to protect businesses" »

A bill is pending before the Florida legislature in Tallahassee which could make it more difficult for people to own pit bulls and impose tighter regulations on owners. This bill represents a response by Florida politicians to numerous citizen reports of attacks by pit bulls. Legislators are proposing a bill that would give communities the right to regulate dogs based on breed and the target is pit bulls. Cities and municipalities could require pit bull owners to purchase additional insurance or even have their dogs wear muzzles when they are out in public.

Currently the cities of Hollywood and Fort Lauderdale do not have laws on their books which are capable of regulating the ownership of pit bulls differently from other more docile breeds.

Critics of the bill, not surprisingly, are pit bull owners and conservative republicans who believe in less governmental regulation. Their argument is that essentially we should not believe our "lying eyes" -- pit bulls are just gentle, lovable creatures like golden retrievers. They argue that the reason for the apparent disproportionate number of pit bull attacks is soley because of the owners and that any aggressive behavior is not inherent to the breed. Pit bull proponents apparently believe that the numerous pit bull attacks that we read about in the paper are the result of incompetent owners or are simply exagerrated.

"Let's do more important things than that," said Kim Godin, a pit-mix owner, who dismisses the purpose of the proposed legislation. If you are familiar with the violent propensities of the breed, it is hard to imagine that protecting children and others from the serious injuries that can result from these kinds of attacks is "unimportant."

Florida law does not presently permit cities like Fort Lauderdale and Hollywood to amend their municipal codes to target dangerous breeds like pit bulls. Florida has had a ban on breed-specific laws since 1990. The inability to enact dog specific rules for owners effectively prohibits cities in Broward County and elsewhere from impodinh reasonable requirements for pit bull owners such as purchasing insurance for their dogs in the event that they attack someone.

The time for turning a blind eye to these types of attacks is running out. There are far too many pit bull complaints by Florida citizens for the legislature to continue to do nothing. The pending bill will make Florida's streets safer for families. For those individuals who insist that only a cuddly pit bull puppy (rather than some other breed of dog) can fulfill their need for "man's best friend," then it is time for you to take some responsibility in the event your dog bites some one else.

Continue reading "Florida law targets Pit Bulls " »