PA Law Blogs » Legal Information

The Vaccine Injury Compensation Program (VICP)

Jackie Fedeli — Fri, 18 May 2012 13:33:15 +0000

Two years after the creation of the National Childhood Vaccine Injury Act, the Vaccine Injury Compensation Program (VICP) was established to control the supply and demand of vaccines and to maintain an accessible and efficient system for individuals injured by vaccines to receive compensation.

The VICP is a no-fault alternative to the traditional tort system argued in civil or federal courts.

The Vaccine Injury Compensation program compensates individuals for vaccine related injuries, and their families for vaccine related deaths from vaccines which were administered on or after the date the program was established, October 1, 1988.

One of the most common vaccine linked injuries is Guillan-Barre Syndrome from administration of the flu vaccine. Anaphylaxis or Anaphylactic shock have been associated with a number of vaccines including DTaP, MMR, and Hepatitis B antigen-containing vaccines.

A complete list of covered vaccines and injuries can be found on the U.S. Department of Health & Human Services website. http://www.hrsa.gov/vaccinecompensation/vaccinetable.html

New England Journal of Medicine Says Fosamax May Do More Harm When Used Long-Term

Jackie Fedeli — Tue, 15 May 2012 18:22:46 +0000

Last Week, ABC News Reported on a Government Study featured in the New England Journal of Medicine on the long term-use of osteoporosis drugs. The study found that after using Bisphosphonates, such as Fosamax or Actonel for more than 5 years, women may be more at risk for suffering a femur fracture.

Dr. Richard Besser told Diane Sawyer that for some women Fosamax is a great drug. This may be a good treatment option for post-menopausal women who have sever osteoporosis but not for women younger woman with mild bone loss.

Either way, you should still consult with your doctor every three to five years, to make sure that the medication you are taking is still the right treatment for you.

For more information on Osteoporosis medications and femur fractures, please visit: http://www.anapolschwartz.com/practices/Fosamax/

Anapol Schwartz Attorney Nominated for PAJ Treasurer

Jackie Fedeli — Tue, 15 May 2012 15:45:20 +0000

Thomas Anapol, Co-Chair of Anapol Schwartz’s Mass Tort department has been nominated for Treasurer of the Pennsylvania Association for Justice. Tom has served in various positions for the PAJ as a Board of Governor for the Association since 2005 and is its current chair of its Business Partners Committee.

Elections will be held during the first day of the PAJ Retreat in Hershey Pennsylvania at their Annual Meeting on June 28^th.

The PAJ will also elect a new Vice President and Secretary during the annual meeting, as well as PAJ Representatives, and LAWPAC Trustees.

For more information on the PAJ Retreat, Please visit: http://www.pajustice.org/temp/ts_3D33E3D4-BDB9-505B-DC13C274A76F87663D33E3E4-BDB9-505B-DC3D4DCF8606EA3E/3PageFlyer542012.pdf

Larry Coben Tells NY Times Recent Deaths May Help Build Case Against NFL

Jackie Fedeli — Fri, 11 May 2012 15:13:24 +0000

Three Weeks ago, sports fans were saddened by the tragic suicide of Ray Easterling, a former football player for the Atlanta Falcons. Two weeks later, football fans took another blow with the shocking death of former San Diego Chargers linebacker, Junior Seau by a self-inflicted gunshot wound.

Easterling was the one of the lead plaintiff’s in a case alleging that the NFL and the manufacturer of the helmets used, deliberately concealed information on the lasting impact of concussions. It was Easterling’s wish that his brain be studied and examined for a link between degenerative brain cells and football injuries. A recent NY Times Article announced that the family of Junior Seau would like to do the same.

Easterling and Seau will not be the first football players do donate their brains to science. In 2011, Dave Duerson, a former Chicago Bears Player who also took his own life with a gunshot wound to the chest, stated in his suicide note that he wanted to leave his brain to the study of football head injuries. Scientists determined that Duerson suffered from CTE, or Chronic Traumatic Encephalopathy. CTE is a progressive degenerative disease of the brain found in athletes with a history of repetitive brain trauma. Symptoms of CTE are known to be very similar to those exhibited by patients with ALS, more commonly known as Lou Gherig’s disease. In fact, after studying a number brains of former players with ALS as their original cause of death, it was determined that they actually suffered from CTE, not ALS.

Anapol Schwartz Attorney, Larry Coben told the NY Times that he believes that the death of Seau could incline other players to join in the Multi-District Litigation. Coben says the players that have gotten involved in the Litigation have done so because they’re worried about their families and they believe that organizing together is the best way to address the issue.

Larry Coben has almost 40 year experience for litigating high profile brain and spinal cord injury cases, and focuses on helmet failure, crashworthiness, seat belt failure, seat back failure, failure of airbags to deploy, ejection and sudden acceleration.

Mass Tort Luncheon Designed for Non-Mass Tort Lawyers

Jackie Fedeli — Thu, 10 May 2012 18:38:45 +0000

The Philadelphia Trial Lawyers Association will host its next Luncheon on May 16th titled ‘Finding The Mass Tort Case for Non-Mass Tort Lawyers” Anapol Schwartz Attorneys Thomas Anapol and Gregory Spizer will be presenting during this CLE and will cover such topics as:

Current & Emerging Mass Torts
Multi-District Litigation vs. State Consolidation
Controlling Statutes & Relevant Case Law
Dangers & Pitfalls of Drug & Device Litigation

Anapol Schwartz was named one of Philadelphia’s Top Mass Tort firms for 2011-2012.

Attendees will receive 1 substantive Law Credit. Lunch is also included.

For more information on attending this luncheon, please visit: http://www.philatla.org/PHL/

Send One of a Million Messages for Youth Traffic Safety

Jackie Fedeli — Wed, 09 May 2012 16:02:38 +0000

This Week, the National Organization for Youth Safety, (NOYS) kicked off Global Youth Traffic Safety Month by being part of the “Million Messages in May” campaign.

In honor of Global Youth Traffic Safety Month, “Million Messages in May” is capitalizing on the popularity of social networking sites, Facebook & Twitter, to get a million messages out to teens and young drivers throughout the world.

NOYS is joined in the initiative by WM Marketing, a cause related marketing company, Genesis Marketing and Consulting, a strong believe of marketing through relationship building, and a number star atheletes and actors.

Athletes enlisted in cause include: Nascar Driver, Tayler Malsom; NBA Players Chase Budinger, Stephen, Curry, Corey Maggette, Anthony Toliver and Nolan Smith; and Pro Skateborder Greg Lutzka. Also, ready to help were a list of television stars, Tatyana, Ali, Noah Munchk, Christa Orecchio, andBryton James of “The Young and the Restless”.

NOYS’ goal with the Million Messages in May Campaign is to raise awareness of Global Youth Traffic Safety Month and empower teens to develop and implement traffic safety projects that will not only provide peer to peer education, but also lead them to advocate for stronger teen driving safety laws.

For more information on NOYS or to get involved in Youth Safety, please visit: http://www.noys.com/default.aspx

What is PA No Fault Insurance?

Jackie Fedeli — Fri, 04 May 2012 15:13:30 +0000

Pennsylvania is one of 13 states that functions under a No Fault System in regards to automobile insurance.

Under no fault, when you have an accident, your insurer automatically pays for your damages up to your policy limit, regardless of which party was actually at fault. However, in return, you give up your forfeit your right to sue the other driver.

That’s how it would work under a pure no fault system. Instead, Pennsylvania, and the 12 other states that adopted no fault, have adopted a modified no-fault system.

Under the modified no-fault system, the insurance company still pays for your economic damages, but you may be allowed to sue for non-economic damages, such as pain and suffering, if the amount exceeds your tort threshold. However, these lawsuits are limited to only serious injuries.

In Pennsylvania and New Jersey, Insurers recognize yet another type of no-fault, choice-no fault. This lets drivers decide if they want to be insured under a pure no-fault system or a modified no-fault system, favoring tort rights.

Pure No-fault systems do not compensate for non-economic damages. Under choice no-fault, you can choose to retain your traditional tort rights, and sue drivers who have also chosen to retain their tort rights. However, if you have opted for choice no-fault, and you are involved in an accident with a driver who has opted for the pure no-fault, you will not be able to sue the other driver.

Is FluMist Vaccine Right For You?

Jackie Fedeli — Thu, 03 May 2012 16:56:52 +0000

Earlier this year, the FDA approved its first four strain flu vaccine, FluMist Quadrivalent. Until now, all approved licensed vaccines have contained three strains, two strains of type A influenza (A/H1N1 and A/H3N2) and one B lineage strain. Licensed by MedImmune, FluMist contains both strains of two separate Influenza B viruses lineages that have circulated since the 2001-2002 flu season.

With many people opting out of vaccines due to increasing Vaccine Litigation MedImmune has published a list of warnings advising who should Not receive the four strain flu vaccine.

Included in the at risk group are people who have had Guillain-Barre Syndrome, a common injury in many Vaccine Litigation Cases.

FluMist is also not recommended for women who are pregnant or nursing or have allergic reactions to eggs, gentamicin, gelatin, arginine, or other vaccinations.

If considering FluMist, you should talk with your doctor regarding possible interactions with medications you are taking, both prescription and over the counter.

The most common side effects associated with FluMist during clinical trials include The most common side effects are runny or stuffy nose, sore throat, and fever over 100F.

Hopefully MedImmune’s new vaccine will be a step in the right direction for the vaccine injury, and lead to safer, healthier vaccinations.

Another Upset for Users of Diabetes Medications

Jackie Fedeli — Mon, 30 Apr 2012 15:56:47 +0000

On April 19^th, Public Citizen, a non-profit consumer advocacy group, filed a petition with the FDA asking that the diabetes drug Victoza be pulled from the market immediately due the fact that it puts patients at a higher risk of thyroid cancer, pancreatitis, kidney failure, and serious allergic reactions.

Novo Nordisk, the company that manufacturers Victoza, issued a warning regarding these and other risks last June, almost 6 months after the FDA’s January 2010 approval. The FDA Actually went against two of their own, a pharmacologists and a clinical safety reviewer who believed that the benefits of this type II diabetes medication did not outweigh the risks, especially with other options on the market.

In clinical trials for Victoza pancreatitis was increased over four-fold compared to patients taking similar medications. Following FDA Approval, over 200 patients were diagnosed with acute pancreatitis in the first 17 months Victoza was on the market. Additional adverse events involving pancreatitis are still being reported to the FDA.

Pre-approval studies also showed that papillary thyroid cancer was increased three-fold and thyroid C-cell hyperplasia was increased over 2-fold, compared to patients taking similar medications.

It is not known at this time if Victoza has any increased cardiovascular risks.

Public Citizen, a national, nonprofit consumer advocacy group based in Washington, DC. serves as the people’s voice in the nation’s capital to ensure that all citizens are represented in the halls of power. For more information on Public Citizen, please visit: http://www.citizen.org

NHTSA survey reveals those under 25 years old more likely to be in crashes or near crashes and less likely to speak up for their safety when being driven by distracted drivers.

Jackie Fedeli — Wed, 25 Apr 2012 20:45:43 +0000

In its first nationally representative survey on distracted driving, NHTSA (National Highway Safety Administration) reports attitudes and behaviors of drivers ages 18 and older. Drivers between the ages of 18 to 20 had the highest incidence of crash or near crash experience (23%) compared to all other age groups, with almost twice as many crashes (17%), as the next highest age group, 21-24 (9%). Young drivers, 18-20 (,)reported the highest level of phone involvement (13%) at the time of a crash or near crash, 8% were sending a text or email, 3% were reading a text or email and 2% talking on the cell phone.

Less than half (40%) of all respondents were likely to say something to their drivers when riding as a passenger when drivers were talking on a hand held cell phone, but that almost doubled to (76%) for drivers sending an email or text message. Overall young drivers were much less likely to say something to drivers talking on a hand held cell phone or texting than older drivers. To see the survey go to: http://www.nhtsa.gov/ U.S. Department of Transportation Releases Survey Analysis Showing Young People Are Least Likely to Speak Up About Distracted Driving as Passengers.

Joel Feldman, founder of the Casey Feldman Foundation and EndDD.org, said the results of survey clearly show that in addition to educating young drivers about the dangers of cell phone use while driving, we need to teach young drivers how to speak up for their safety as passengers. “In connection with April’s National Distracted Driving Awareness month, the trial lawyers at Anapol Schwartz and I have spoken to thousands of high school students about distracted driving. Almost half of the students in every school admit to being driven by distracted drivers, but only a small number of those students actually spoke up for their safety. They didn’t know what to say or didn’t feel comfortable in speaking up. That is why we use role playing with students to teach them how to speak up for their safety and to feel comfortable doing so.” Mr. Feldman says the student’s enjoy the role play and are better equipped to protect themselves after the experience. To download the EndDD.org distracted driving student awareness power point presentation go to: http://www.enddd.org/speakers/presenter-resources.php