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FREQUENTLY
ASKED QUESTIONS


Updated On:
Thr., Jan. 22, 2004
11:30am





     Simpson & Ruiz, P.C.


FREQUENTLY ASKED QUESTIONS


Are all diet drugs safe?

Recent years have seen many recalls of hastily approved diet drugs. Scheduled to be prescribed for blood sugar control in patients with type 2 diabetes mellitus- (non-insulin dependent diabetes), these defective products are responsible for scarring, pain, suffering, disabilities, loss of income, debt due to medical and other bills and even death. Unfortunately, the very patients who are receiving these prescriptions may be least likely to tolerate them.
_ In July of 1997, the FDA requested that fen-phen, and derivations of fen-phen, also known as redux, be recalled after reports of neurological damage or heart failure.
_ Ephedra or Ma Huang is a diet supplement (not regulated by the FDA). The FDA is now calling for limits on recommended dosages and proposing new consumer notice (labeling) requirements due to reports of heart attack, seizure, stokes, hemorrhage, high blood pressure, rapid or irregular heart rate, or death.
_ In March 2000, Rezulin, also known as Actos, or Avandia, was recalled in the United States due to liver toxicity and reports of heart damage.
_ PPA or Phenylpropanolamine is used in numerous diet pills, such as Dexatrim and Accutrim. The FDA is investigating a ban on the use of PPA in prescription and nonprescription drugs. PPA may be responsible for several hundred hemorrhagic strokes suffered by people under the age of 50.
_ On Tuesday, March 19, 2002, Public Citizen, a consumer group, petitioned the FDA to pull Meridia off the market in the United States. Meridia, also known as Sibutramine or Reductil, was called "unacceptably dangerous" after reports began to be received of liver failure and deaths. (Some European countries have suspended sales of Meridia.)
Many patients in need of weight reduction due to other serious and possibly life threatening medical conditions, have also been prescribed other drugs which interact with these diet drugs in dangerous ways. A majority of patients with Type 2 Diabetes also have hypertension (high blood pressure) and other disorders. Medications for hypertension, Parkinson's disease, depression - even medications over the counter for allergies and colds - have been shown to dangerously increase medical risks of cardiac problems (including heart failure), liver problems (including extensive damage requiring a transplant of the liver and liver failure), eye damage, inability of blood to clot, bruising, neurological complications and seizures.
Products' liability laws are designed primarily to prevent harm or to compensate a person or property for harm. The harm or injury caused by diet drugs is most often a physical injury and/or financial injury. These laws are generally grouped under the same category as Personal Injury Law, which is tort law.

The primary aim of tort law is to provide relief through compensation to injured parties for the damages they have incurred. Among the types of recoverable damages are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses. This means that a person who has been injured due to a defect in a product or a breach of an expressed or implied warranty may be able to bring a lawsuit against the manufacturer or the seller, or anyone else in between.


Wrongful Death is a very real possibility when diet drugs are taken improperly or not monitored properly and the end result is death. In these instances the law provides for compensation to the victim's heirs or estate.


DISCLAIMER
This information has been prepared only for general purposes and is not
legal advice. Presentation of this information is not intended to create an
attorney client relationship. Do not act upon this information without
seeking professional counsel.

 


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