Trasylol Lawsuits: Which Causes Of Action Will Likely Apply?
Likely causes of action
Frank Woodson, an Alabama attorney whose firm is handling Trasylol litigation, told us that typically, he sees allegations of failure to warn in these cases. He explained, Any drug is going to have the potential to cause a side effect. So drug companies are required to warn about side effects and if they dont you see patients who are injured by a drug arguing failure of the product manufacturer to adequately warn them about the risk of whatever theyre concerned about.
In Vioxx, it was the risk of heart attack; in Baycol, it was the risk of the muscle problems of rhabdomyolysis and with Rezulin, it was liver damage. With Trasylol, its going to be kidney failure and/or sudden death. Obviously in these cases, when youre undergoing open heart surgery, doctors or patients may be willing to use a drug with risks to keep from bleeding too much during surgery.
Risk / benefit analysis needed
Patients needing open heart surgery must do a risk / benefit analysis; yet, according to Woodson, thats difficult to do when they dont have all the facts. He explained, Basic product liability law contains the duty to inform the doctors and to warn the patients so they can take that into consideration in the risk benefit analysis that they have to do in determining whether they need to undergo open heart surgery. Thats number one. Number two, doctors need to know what drugs can be used to decrease bleeding after the surgerys over. Without that information, they cant do the proper risk benefit analysis.
Woodson told us that preemption may be an issue in Trasylol litigation depending on what happens in the Wyeth vs. Levine case that will be before the U.S. Supreme Court in November of this year. He explained:
What we understand the premise of that argument is going to be by the pharmaceutical company is that, if our drug is approved by the FDA, we have preemption, we have total immunity, you cannot sue us and the state law should not have any play or bearing on what goes on with the drug.
However, I was told by an attorney in San Francisco yesterday that hes got a bunch of cases involving Plavix where the judge has just stayed the entire litigation waiting on this Wyeth vs. Levine decision thats coming out later this year. So, it can have something to do with it here because even if its obvious that Bayer never adequately warned about the side effects that Trasylol can cause, then it wont matter if the U.S. Supreme Court says that once the drug is FDA approved, they have immunity.
Thats a very scary thing that could happen. Its what happened in Michigan where they have a state statute that basically gives drug companies immunity from lawsuits unless you can prove that the drug company acted fraudulently against the FDA. Thats the only exception. However, thats about next to impossible to do, so its really not an exception at all.
If you or a loved one may have been injured or died due to the use of Trasylol, contact an attorney whose practice focuses in this area of law to discuss your situation. The consultation is free and without obligation. To contact a qualified attorney, please click here.