Category Archives: Business Law

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New Xarelto Claim That J&J and Bayer Lied

Posted by Shezad Malik MD JD
March 8, 2016 7:03 AM

According to bombshell revelations in the New York Times, did two major pharmaceutical companies, in an effort to protect their blockbuster drug, Xarelto, intentionally mislead editors at one of the world’s most prestigious medical journals?

Several thousand injured plaintiffs have filed personal injury and product liability claims against Johnson & Johnson and Bayer over the safety of its anti-clotting drug Xarelto.

Now plaintiffs claim that a letter published in The New England Journal of Medicine and written primarily by researchers at Duke University deliberately left out critical laboratory data. They claim the companies were complicit by staying silent, helping deceive the editors while the companies provided the very same data to regulators in the United States and Europe.

The New York Times article suggests that Bayer, Johnson & Johnson and those who ran clinical trials at Duke University that led to the FDA approval of the blood thinner, may have lied to editors at the New England Journal of Medicine.

Defective Medical Device Results Flawed

The heart of the controversy alleges that a key medical device that measures the levels of blood thinner in patients involved in the study was defective and that those running the clinical trial knew it, but failed to reveal that information.

The New York Times reports that documents produced by the drug makers during Xarelto lawsuits suggest that those running the clinical trial were asked if there were lab tests that confirmed the accuracy of the device. The editors were told there was not, when in actuality there were such tests.

It is now confirmed that the measuring device was defective and may have compromised the approval process for Xarelto, which has since been promoted as a superior alternative to warfarin.

Flawed Xarelto Medical Studies?

The Xarelto blood testing problems in the clinical trial were first reported in the medical journal The BMJ in December, with researchers warning that the device may have led to an underestimation of the rate of Xarelto bleeding complications in comparison to warfarin.

The ROCKET-AF clinical trials compared the rate of bleeding events between Xarelto (rivaroxaban) and Coumadin (warfarin). The potentially defective blood testing device, known as the INRatio by Alere, was used to measure the levels of warfarin in patients’ blood and was used to adjust their dosage. An INRatio recall has since been issued after it was discovered that the device may show results that were falsely low.

The recall could affect the ROCKET-AF results, because falsely low readings may have resulted in warfarin patients being given too high a dose, increasing their risk of bleeding. If the device caused excessive bleeding among warfarin patients, it could have given the false impression that Xarelto had a lower rate of bleeding problems.

The clinical trials, led by Dr. Robert Califf, who is now the FDA commissioner, have come under intense criticism since Xarelto was approved, as the drug has been linked to a shocking number of adverse event reports involving severe and uncontrollable bleeding problems. Due to a lack of a reversal agent for Xarelto, doctors have been unable to stop serious bleeding problems that occur, increasing the risk of severe injury or death.

Xarelto Lawsuits Over Bleeding Problems

Xarelto (rivaroxaban) is a new class of blood thinners released in recent years as a replacement for warfarin, which had been the gold standard blood thinner treatment for the past 60 years. Xarelto was approved in 2011, this new-generation treatment has been prescribed instead of warfarin to reduce the risk of blood clots and strokes among patients with atrial fibrillation, or following hip or knee replacement surgery.

Xarelto lawsuits, like http://sideeffectsofxarelto.org/xarelto-lawsuits/, allege that the drug makers provided false and misleading information about the importance of blood monitoring on Xarelto, marketing the drug as easier to use and indicating that it does not require close testing like warfarin. But, independent studies published after Xarelto was introduced have suggested that Xarelto monitoring may help identify patients at greater risk of bleeds.

Undue Big Pharma Influence

Big Pharma is the nickname given to the vast and influential pharmaceutical industry and its trade group, the Pharmaceutical Research and Manufacturers of America or PhRMA. These powerful companies make billions of dollars every year by selling drugs and medical devices.

Pharmaceuticals are HUGE business and these Big Pharma” companies stand to reap billions of dollars over the life span of a block buster drug. Big Pharma industry influence has led to the concealment of critical unfavorable data or ghost written medical articles (written by industry insiders) — when crucial clinical data went missing from journal articles, leading to embarrassing corrections and ethics policies to limit the influence of drug companies on medical literature.

Xarelto Billion Dollar Block Buster

Xarelto, is sold in the United States by Johnson & Johnson and overseas by Bayer, had nearly $2 billion in United States sales last year and is the best seller in a new category of drugs seeking to replace warfarin.

Last week, lawyers in the case against Johnson & Johnson and Bayer filed a legal brief in federal court in New Orleans, asking a judge to unseal documents in the case, which involves more than 5,000 lawsuits filed by patients and their families who claim they were harmed by Xarelto. Of those, 500 involve patient deaths.

Dr. Steven Nissen, a cardiologist at the Cleveland Clinic, served on the Food and Drug Administration advisory panel that voted to approve Xarelto in 2011. He was one of two members who voted against the drug. He expressed doubt that any after-the-fact analysis would give doctors and patients answers. “Given the fact that the device was inaccurate, there is no way anybody can tell you what would have happened in the trial,” he said.

Read Full Article – http://fortworth.legalexaminer.com/fda-prescription-drugs/new-xarelto-claim-that-jj-and-bayer-lied/

Paramore, former bassist embroiled in legal battle

, nrau@tennessean.com 8:54 p.m. CST March 4, 2016

Paramore and former bassist Jeremy Davis are locked in a legal dispute over whether Davis was an employee for the Nashville pop-rock band or a partner in the underlying business entitled to a share of royalties and touring revenue.

bass

Varoom Whoa, the business entity that operates Paramore, preemptively sued Davis in Nashville Chancery Court in February. According to the lawsuit, Varoom Whoa is fully owned by front woman Hayley Williams.

Davis left the band in December 2015 in a seemingly amicable separation announced on the band’s Facebook page.

But Davis asserts that he was a partner in the company and entitled to a split of royalties, touring revenue and other income earned by the band. Davis wanted to examine financial documents, which he was not provided. Williams and Varoom Whoa say he was a paid employee, not a partner.

Williams is the one signed to a record contract with Atlantic Records, and she pays her band members as employees.

“Nevertheless, because she wanted to foster a feeling of camaraderie within the band, at her direction, the band members’ salaries included a portion of Williams’ earnings,” the initial lawsuit says.

Davis filed a counterclaim on Friday naming Varoom Whoa, along with Williams and fellow band member Taylor York. The band’s business managers were also named as defendants.

Davis claims Paramore was founded as a partnership between him and Williams. Prior to 2008, York was an employee, until he joined as a partner in the group.

Davis says that he was responsible for decision making, including hiring advisers, musicians, stage crew and equipment managers, plus creating and managing staging and lighting and an array of other duties.

“Thereafter, and at all times relevant hereto, Davis, Williams and York shared equally in all net profits generated by the partnership, from any and all sources, including but not limited to the Atlantic agreement,” Davis claims in his countersuit.

Davis previously left the band in 2004, but rejoined a year later. In December of last year, the band posted a message on its Facebook page about Davis’ departure.

Davis isn’t the first Paramore member to leave amid acrimony. In 2010, guitarist Josh Farro and drummer Zac Farro left the band amid some drama.

“We’re hopeful for Paramore’s future and we’re also excited for what Jeremy’s going to do next. Thank you all for your support and your belief in us,” Paramore said in December. “It’s kept us going.”

Varoom Whoa is seeking for a judge to declare Davis an employee who is ineligible to enjoy the benefits of a business partnership, while Davis is seeking for the company to be recognized as a partnership that entitles him to unspecified damages.

Reach Nate Rau at 615-259-8094 and on Twitter @tnnaterau.

Sourced From – http://www.tennessean.com/story/money/industries/music/2016/03/04/paramore-former-bassist-embroiled-legal-battle/81341824/

Legal Briefs Flood in to Support Apple

By

Sourced From – http://www.nytimes.com/2016/03/05/technology/legal-briefs-flood-in-to-support-apple.html?_r=0

The arguments differed, but the main message was the same: We side with Apple.

Dozens of companies and individuals have now filed briefs in support of Apple’s position in its legal battle with the F.B.I. over privacy. The official support, at this point, did not come as a particular surprise. But the variety of legal arguments was interesting nonetheless.

As Nick Wingfield reported, Apple’s supporters challenged “every legal facet of the government’s case, like its free speech implications, the importance of encryption and concerns about government overreach.”

The government will not take these arguments lightly. Expect many of them to be addressed when Apple and the Justice Department file briefs, and when the federal court holds a hearing on the matter in California on March 22.

MTA’s ban anti-Muslim ads on subway is legal, court rules

An appeals court judge has upheld a previous ruling that the MTA’s policy of refusing all political and religious ads in the transit system is legal, meaning the agency can continue to reject controversial posters by firebrand Pamela Geller and the anti-Muslim American Freedom law Center– for now.

Geller’s attorney had appealed Manhattan Federal judge John Koeltl’s ruling last June, in which he said “No law requires public transit agencies to accept political advertisements as a matter of course.”

But the appeals court says that, given that the MTA had changed it policy disallowing all political ads in the midst the legal battle, Geller and the AFLC’s initial arguments are now “moot.”

“AFDI is, of course, free to challenge the MTA’s new advertising standards, but it must do so through an amended complaint,” the ruling reads.

The case began in 2014, when Geller’s AFDI filed suit against the MTA for blocking it from purchasing Islam-bashing ads on city buses.

MTA officials said they are happy that the court took the agency’s side.

“The MTA is pleased by the Second Circuit’s decision, which reiterated that we have acted in good faith when balancing enforcement of our advertising regulations with respect for the First Amendment,” said MTA spokesman Adam Lisberg.

Sourced From – http://nypost.com/2016/03/03/mtas-ban-anti-muslim-ads-on-subway-is-legal-court-rules/

Brazil Facebook head arrested for refusing to share WhatsApp data

Police in Brazil have arrested the vice president of the social media company Facebook in Latin America.

Diego Dzodan, an Argentine national, has repeatedly refused to comply with court orders to hand over data for use in a criminal investigation into drugs trafficking, police said.

His arrest relates to the messaging service WhatsApp, owned by Facebook.

In a statement, Facebook called Mr Dzodan’s arrest an “extreme and disproportionate measure”.

Mr Dzodan’s arrest was ordered by a judge in the north-eastern state of Sergipe.

He was held as he left his house in an exclusive area of Sao Paulo on Tuesday morning.

Judge Marcel Maia Montalvao had in two previous instances issued fines against Facebook for refusing to release WhatsApp data.

The information was needed as part “secrete judicial investigations involving organised crime and drug trafficking,” he said.

In a statement, Facebook said it was “disappointed with the extreme and disproportionate measure”.

“Facebook has always been and will be available to address any questions Brazilian authorities may have,” the company said.

In December a judge in Brazil suspended WhatsApp for 48 hours.

The Sao Paulo state judge said at the time that the company failed to comply with court orders to share information in a criminal case.

Sourced from – http://www.bbc.com/news/world-latin-america-35700733