The Kickham Comment - Boston Accident Lawyer Blog

One thing I can’t stand these days, is the growing proliferation of pharmaceutical advertising. Whether on TV, radio, or in print, it seems one can’t go anywhere or listen to anything without being bombarded by some usually laughable or ridiculous ad, (not uncommonly depicted with cartoon-like drawings,) pushing the latest offering by some pharmaceutical company. And with each and every one, comes the push “Ask your doctor about ___________.” Worse, recently, pharmaceutical companies have adopted the “Coupon Approach”: “Yes, you, too, can get a FREE sample of _________ if you present this coupon to your doctor!”

Years ago, it used to be that the pharmaceutical industry marketed their prescription drug products solely to the dispensing/prescribing end of the sales process: Doctors. That all ended about 15 or so years ago. The drug companies finally got wise to the gullibility of the average American, and saw the light: “Hey, instead of just hawking our products to doctors, who may or may not end up prescribing them to their patients, why don’t we just create demand at the patient level by marketing prescription drugs directly to consumers?” So now, taking advantage of the dumbing down of America, you can watch commercials depicting walking stick figures made of plumbing pipes for bladder control, amorous couples exchanging “that” look for Viagra tablets, and wind-up dolls for depression. In each and every one of these commercials and print ads, is buried some nonchalant “warnings” about “possible side effects,” that are communicated with an insouciant whisper of (“But this would never happen to you“).

Amidst the stampede of this new marketing world for the drug companies, has come a lot of results that should have been expected: Serious prescription drug injuries, including death. One drug in particular took the prize for being the most litigated for prescription drug product liability: Reglan. Reglan is a drug made by Schwarz Pharma and is generically known as metoclopramide. It is used to relieve symptoms caused by slow stomach emptying in people who have diabetes — (and, of course, the number of people who have diabetes has exploded in recent years, due to the nauseating obesity epidemic in this country, but that’s another subject.) The drug was first approved for use in the U.S. in 1985 and comes in the form of injections, tablets, and syrup. Class action lawsuits against the manufacturers of Reglan have been brought due to the very serious side effects caused by the medication, many of them fatal. These side effects have included agranulocytosis, which causes low levels of white blood cells, which can be fatal if left untreated. Aldosteronism is a condition causing excessive production of hormones and low blood potassium levels. Other side effects of Reglan include depression, suicidal thoughts, hallucinations, seizures, jaundice, severe allergic reactions, tachycardia, and tardive dyskinesia. Reglan can also result in NMS, or neuroleptic malignant syndrome, which causes muscle rigidity, fever, and delirium. Like so many other Reglan side effects, this can be life threatening.

Here’s yet another example of how a product snuck through the system, and has caused so much damage in women that there now exist hundreds of medical product liability lawsuits aimed at its manufacturer.

Surgical mesh has been used in surgery for awhile. So when a new type of plastic mesh needed to be approved by the Food and Drug Administration, it apparently got fast-track approval, without the tests that the FDA typically requires for first-of-its-kind devices. The upshot? Johnson & Johnson, the manufacturer of the plastic surgical mesh, now plans to stop selling its surgical mesh implants that are used to treat women, because the mesh implants have been linked not only to injuries, but hundreds of lawsuits. So, this past Monday, J&J said that it plans to phase out four mesh products over the course of the next three to nine months.

The plastic mesh implants were used to strengthen a woman’s pelvic wall in cases of pelvic organ prolapse – a condition that happens when the bladder or other reproductive organs slip down into the vagina. Last year, it is estimated that about 75,000 women had received the mesh implants, although there is another type of surgery that can correct this problem, using a simple incision in the abdomen. Last year the FDA reported that these mesh implants were associated with higher rates of pain, bleeding, and infection than the traditional surgery that simply used stitches. One Miami woman, Lana Keeton, who had the plastic mesh implanted back in 2001, has undergone 17 – that’s correct – 17 surgeries to remove the implanted mesh. She even founded a group called Truth in Medicine, which has lobbied the FDA about the harmfulness of mesh. She has described the synthetic mesh as resembling “the cut edges of a window screen,” to show how harmful and sharp the mesh is, and to demonstrate how painful it makes sexual intercourse.