Microsoft Cal Settlement

What a saga began a couple of years ago when Microsoft finally reached a settlement agreement in class action suits brought by 27 California customers claiming the software giant violated the state’s antitrust and unfiar competition laws and overcharged consumers. As a result, people and businesses that bought certainMicrosoft software licenses between 1995 and 2001 might be eligible for up to $1.1 billion in vouchers which were to be used for software purchases made after July 18, 2003.

I have yet to receive any voucher, and I’ve delayed too long upgrading my software.

Deadlines kept being extended. The most recent information on the settlement website indicates

Settlement Information Last Updated on January 22, 2005:
The deadline for filing a claim was January 8, 2005. Claim forms are currently being processed. Vouchers will be mailed to class members shortly after any appeals have been resolved. Several appeals have been filed. We cannot estimate how long it will take to resolve the appeals.

If you have questions, you may contact the Settlement Claims Administrator at 1-800-960-5660.

Big Sigh!

Did Merck know of Vioxx risks 5 years ago?

From the ABC News Health Highlights for April 25th:

E-mails Suggest Merck May Have Known of Vioxx’s Risks: Report

Did Merck officials know about the heart risks posed by its now-defunct painkilling drug Vioxx as far back as five years ago?

The New York Times reported Sunday that in 2000, Merck overruled one of its own scientists after he suggested that a 73-year-old female patient in a Vioxx clinical trial had probably died of a heart attack.

In an e-mail exchange concerning Vioxx, a top Merck scientist repeatedly encouraged the researcher to change his views about the death “so that we don’t raise concerns.” In later reports to the U.S. Food and Drug Administration and in a paper published in 2003, the company labeled the cause of death as “unknown,” the newspaper said.

The discussion of the woman’s death appears in several previously undisclosed Merck records, including e-mails from Dr. Edward M. Scolnick, Merck’s senior scientist from 1985 to 2002, and Dr. Alise S. Reicin, a vice president for clinical research. The messages point to Merck’s concerns about data contradicting its view that Vioxx was safe, the Times said.

When Vioxx was pulled from the market last September, Merck officials said they had only recently learned that the drug posed a risk of heart attack and stroke. At least 4,600 people or their survivors are suing the drug company, saying Vioxx — a member of a class of drugs called cox-2 inhibitors — caused their heart attacks or strokes. The e-mails and other internal Merck documents, including the report of the woman’s death, were given to the Times by an unnamed source working with plaintiffs, the newspaper said.

A lawyer for Merck told the Times that the company had disclosed all information from clinical trials about Vioxx to the FDA. And Scolnick’s e-mails “merely reflected his concern that the FDA weigh Vioxx’s benefits and risks fairly. The e-mail discussion between the Merck scientists reflected an honest scientific debate over the cause of the woman’s death,” the newspaper reported, paraphrasing the lawyer.

Earlier this month, another cox-2 drug, Bextra, was withdrawn from the market for the same cardiovascular concerns. A third cox-2, Celebrex, remains available to U.S. consumers, but the FDA has mandated that it carry a strong “black box” warning label indicating the potential for long-term heart risks.

Hm… “honest scientific debate”? A little hard to believe, seeing as there was so much riding on the FDA’s decision. Then again, you never know — the media might be sensationalizing a minor incident. Guess we’ll have to wait and see…

Breakthrough Test for Mesothelioma

Researchers on the other side of the world have come up with a simple test to figure out whether someone has mesothelioma.

Australian researches have “developed a world-first blood test which could help in the early detection of mesothelioma, a deadly asbestos-related cancer of the lung lining.”

“The non-invasive blood test developed by University of Western Australia Professor Bruce Robinson and a team of researchers is a breakthrough in the early detection of mesothelioma.”

“Under existing arrangements, diagnosis is a long process which includes blood tests, chest x-rays, CT scans, drainage and laboratory analysis of the pleural fluid to help differentiate mesothelioma from other similar conditions.”

“The new blood test, named MESOMARK, was originally developed for cervical cancer at the Pacific Northwest Research Institute in the US, but Professor Robinson has adapted it for testing mesothelioma.”

“Dr Nick Pavlakis, a leading mesothelioma researcher in Sydney, said “The test is a breakthrough because it’s a simple blood test, it could therefore be applied to patients who are at risk, those who have a history of exposure or symptoms of the disease.”"

The article also mentioned that Australia has the “highest reported incidence in the world” of mesothelioma, at 700 people diagnosed every year, and that diagnoses in the country were expected to peak “between 2010 and 2020.”

Asbestos Bill Being Filed Despite Disputes

Reuters reported on April 19th that Sen. Arlen Specter’s Asbestos Bill is going to be filed, despite ongoing disputes.

The bill proposes that a $140 billion compensation fund be set up for asbestos victims. The point of the bill, according to Specter, is to “take asbestos claims out of the court system” so that they can be dealt with more rationally and efficiently. Here’s the gist of the plan: “The proposed fund would be financed by companies facing asbestos lawsuits and their insurers. Victims would no longer be able to sue, but would go to the fund for payment.”

The article implied that most of the dissatisfaction is coming from Republicans, but that the objections aren’t to the bill itself, but certain “parts of the plan.” Specifically, Republicans “echoed business concerns that the fund might not finally cap their asbestos liability.” Other groups that aren’t happy with the bill include the insurers (surprise, surprise) and certain unions.

Pain Relievers’ Safety Questioned (Motrin, Advil?)

The AP is reporting that doctors are now questioning the safety of drugs such as Motrin and Advil:

THE ISSUE: The removal of Vioxx and Bextra from the market because of heart risks has led to worries that other pain relief medications carry similar danger.

WHAT: A study on preventing oral cancer in smokers in Norway examined their use of a variety of painkillers.

RESULTS: Those taking daily doses of non-steroidal anti-inflammatory drugs, or NSAIDs, had double the risk of dying of heart-related problems.

WHICH DRUGS: Nonprescription NSAIDS include ibuprofen (brand names include Motrin, Advil and Medipren), naproxen (Aleve) and ketoprofen (Orudis, Actron). No additional risk was seen from aspirin or from Tylenol, which is not an NSAID.

Raed more here

Chicago Law Firm Files Bextra Class Action Lawsuit Against Pfizer

Source: Business Wire
Published: April 11, 2005

A class action lawsuit was filed against Pfizer Inc., on behalf of all persons who died or were injured by the pain relief drug, Bextra, the Chicago law firm Kenneth B. Moll & Associates, Ltd. announced Monday.

The Bextra lawsuit accuses pharmaceutical giant Pfizer of failing to properly research the known risks of Bextra, warn consumers of the fatal side effects, and withdraw the drug from the market even when the dangers became widely known.

Pfizer suspended sales of Bextra in the United States and the European Union on Thursday after the Food and Drug Administration concluded that its overall risk versus benefit profile is “unfavorable.”

Bextra belongs to a class of drugs called Cox-2 inhibitors, including Celebrex, another Pfizer drug, and Vioxx, made by Merck & Company. All three painkillers have been amid controversy since September 2004, after Merck pulled Vioxx from the market because it was found to increase a patients’ risk of heart attack and stroke after 18 months of use.

But unlike Vioxx, Bextra was taken off the market because of its potential to cause a rare but serious skin reaction, which is already disclosed on its label, Pfizer said.

The Bextra lawsuit, filed in the Federal District Court for the Northern District of Illinois, seeks compensation for those who have died and been injured as a result of their use of Bextra.

Auto Workers Union Backs U.S. Asbestos Fund Plan

Reuters is reporting that the Auto Workers Union is backing a proposal for an asbestos fund:

WASHINGTON (Reuters) - A plan to create a $140 billion asbestos compensation fund picked up an important labor endorsement on Wednesday from the United Auto Workers, one of the largest labor unions in North America.

The UAW’s legislative director Alan Reuther sent a letter to all U.S. senators in support of the asbestos trust fund plan that is circulating as draft legislation on Capitol Hill.

“We believe it will provide more equitable, timely and certain compensation to the victims of asbestos-related diseases,” said a copy of the letter obtained by Reuters.

The current proposal is a bipartisan compromise agreed to by Pennsylvania Republican Sen. Arlen Specter (news, bio, voting record), who chairs the Senate Judiciary Committee, and Vermont Democrat Sen. Patrick Leahy (news, bio, voting record), the ranking Democrat on the panel.

Fibers of asbestos, which was used in building materials, auto parts and other products for decades, have been linked to cancer and other diseases. Injury claims have forced many companies into bankruptcy.

Oh, and how will this be financed, you might ask?

The compensation fund would be financed by companies facing asbestos lawsuits and their insurers, while ending the rights of victims to sue. The highest individual award, $1.1 million, would go to victims of mesothelioma, a lethal cancer.

Asbestos Still a Major Concern in Australian Schools

Think the asbestos problem is going away anytime soon? Think again.

Unfortunately, this is not one environmental / health issue that’s going to be swept under the rug and forgotten about too easily. (even if all the companies involved eventually file for bankruptcy)

Bayside Bulletin of Australia reports:

Asbestos is present in more than half of Redland state schools, but parents have been reassured their children are safe.

Thirteen primary and secondary schools are known to have the dangerous fibre in the vicinity of children, with asbestos in places such as downpipes, gutters, sunhoods or walls.

Asbestos fibres breathed into the lungs can cause a range of health problems including lung cancer and mesothelioma, a type of cancer which can develop decades after asbestos exposure.

Cleveland District State High School, Dunwich State School and Wellington Point State School have had asbestos roofs replaced recently, said a spokesman for Education Queensland.

At Capalaba State College last week, all students and staff were relocated after an asbestos scare.

Principal Kris Holm became concerned that rainwater may have disturbed material containing asbestos in a block.

Read more here

France Looks to Class-Action Lawsuits to Boost Consumer Rights

From Bloomberg

France Looks to Class-Action Lawsuits to Boost Consumer Rights
April 12 (Bloomberg) — French government ministers said they will begin the process of legalizing class-action lawsuits, which allow claims on behalf of a group of people, in a bid to strengthen consumer rights.

“We want to devise a system that protects consumers as well as companies,” Finance Minister Thierry Breton said at a press conference in Paris that was also attended by Justice Minister Dominique Perben and Christian Jacob, the minister for small businesses. The officials backed plans to form a working group of lawyers, companies and consumers to propose legislation.

French President Jacques Chirac pledged in January to introduce mass civil suits by the end of this year. The U.S. Congress meanwhile has been trying to curtail such claims by approving a bill in February to move most class-action suits from state to federal courts. French lawmakers may be able to strike a better balance than in the U.S., lawyers said.

“Class actions are a formidable tool to establish a counterweight to companies’ power,” said Francis Caballero, a Paris-based lawyer and a professor of civil law at Nanterre University who drafted a bill to introduce class-action lawsuits in France in 1986. “We just have to make sure we avoid the excesses they have in the U.S.”

One of the goals of the group will be “to avoid an excessively litigious society,” Breton said. “We’ll be looking at the experience of other countries, but we want to take into account the situation in France.”

October Deadline

The Ministry for Small Business will set up the working group to study how to implement class-action suits, Jacob said. The group will produce a document by October, as well as an update on its work “before the summer.”

Consumers in France must file lawsuits against corporations individually. While consumer groups can sue companies, the judgments in such cases are on their rights in principle.

A class-action law would enable courts to decide issues more quickly and less expensively by judging them once and distributing any damages to everyone affected, Caballero said. France should address concerns that have led to abuses in the U.S., he said.

Fear of a class-action lawsuit against Merck & Co., for example, prompted a 27-percent plunge in the company’s shares on Sept. 30, 2004, after the drugmaker announced its painkiller Vioxx may be responsible for heart attacks in patients who had been on treatment for more than 18 months.

Asbestos Bill Hopes Blossom, Then Wither

Should Congress bail out the companies responsible for the asbestos crisis?

Apparently some seem to think so:

As the legislative day dawned on Capitol Hill yesterday, an unexpected ray of hope arrived with it: A bill to resolve the asbestos crisis, pronounced dead a month ago, appeared to be alive once more.

“I think that we are very close to a deal,” Arlen Specter (R-Pa.), chairman of the Senate Judiciary Committee and the leading advocate of a legislative solution, said at a news conference.

The stock market took heart, and shares of such asbestos-tainted companies as W.R. Grace & Co. and USG Corp. rose briskly.

Specter said he had begun circulating his 300-page bill, and early returns were good. Some key Democrats said they could support it.

“It’s a voluminous bill, so it’s going to take a little time for people to read it,” Specter added. “And I still do not have the final results until senators take a look at it, but I’m more than hopeful, I’m optimistic we’ll have a bill which will get out of committee and beyond.”

I personally believe Congress should stay out of the matter. If your products cause thousands, if not hundreds of thousands, of people to contract lung cancer (and/or mesothelioma), you shouldn’t get a ‘Get out of jail free card’ from the Congress. (just my humble opinion)

Read More Here

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