Weitz & Luxenberg Responds to Recall of Double-Strength Digitek Tablets
Contacted by families who may have lost loved ones to the toxic dose

NEW YORK--(BUSINESS WIRE)--Weitz & Luxenberg P.C. (weitzlux.com) would like to inform the public that a Class I recall was issued by Actavis Totowa LLC on April 25, 2008 for all lots of the heart medicine Digitek (generic name digoxin) because some have been found to contain twice the approved levels of active ingredient than is appropriate. Unfortunately, this recall comes too late for the families whose loved ones ingested the potentially deadly dose. According to the Food and Drug Administration, several reports of illnesses and injuries have been received.

Glenn Zuckerman, an attorney with the Weitz & Luxenberg Drugs and Medical Devices Litigation unit said, “It is alarming that a pharmaceutical tablet with double the approved thickness and strength is out on the market and putting lives at risk. Our firm has spoken with the families of several people who died following ingestion of the defective pills, and who suffered symptoms consistent with digoxin toxicity before they passed away. The public has a right to know what quality assurance measures have been in place and why these overdosed tablets were being sold.”

Digitek is used to treat heart failure and abnormal heart rhythms. The existence of double strength tablets poses a risk of digoxin toxicity in patients with renal failure. Digoxin toxicity can cause nausea, vomiting, dizziness, low blood pressure, cardiac instability and bradycardia. Death can also result from excessive intake of digoxin.

This was also not the first time Actavis has had problems with digoxin. According to an FDA warning letter from 2006, an inspection between January and February 2006 revealed that there were six potentially serious and unexpected adverse drug events dating back to 1999 for products such as digoxin, and other pharmaceuticals, that were not reported to the agency.
Patients taking Digitek should contact their physician immediately for medical advice. People who have been harmed by Digitek can visit the law firm's website, http://www.weitzlux.com/ for more information, or to report their condition.

About Weitz & Luxenberg P.C.
Weitz & Luxenberg, founded in 1986, is one of the leading plaintiffs’ law firms in America. The firm has also played leading roles in national and local litigations involving asbestos, DES, silicone breast implants, medical malpractice, and general negligence, among others. A forerunner in the legal fight against environmental polluters, Weitz & Luxenberg has worked with clients harmed by MTBE and mercury, among other toxins. The firm has won numerous cases involving dangerous pharmaceuticals, including Vioxx, achieving a $13.5 million verdict against Merck & Co. The firm’s other active pharmaceutical litigations include actions against the manufacturers of Bextra, ReNu, Celebrex, Ortho Evra and Seroquel.

Hi All:

A dangerous trend of which to make note: The growing incidence of pedestrian injuries and death due to car accidents. Below is information about a case result pertaining to this issue. Please forward on to anyone whom you think may be interested.

Weitz & Luxenberg Settles $1.4 Million Lawsuit for Woman Struck Down by Ambulance

December, 19, 2007, New York, NY—Pedestrians are the largest at-risk group related to motor vehicle accidents, comprising one half of all roadway fatalities, according to New York City statistics. Weitz & Luxenberg, P.C. is an ardent defender of those victimized by such accidents and who suffer catastrophic injuries as a result. On Monday, December 17, the firm secured a $1.4 million settlement for a woman who was struck down by an ambulance on the streets of Manhattan. The settlement was reached during a trial before the Hon. Nicholas Figueroa in New York County Supreme Court.

Nicholas Wise, a senior trial attorney with Weitz & Luxenberg, who represented the injured pedestrian said, “Throughout the case, the defense took the position that our client had had a very good recovery from the injuries she sustained in the accident. Although it took a trial, by paying the settlement, we believe the defense has finally acknowledged the severity of our client’s injuries.”

The Manhattan resident, who was 75 at the time of the incident, was struck by a TransCare New York Inc. ambulance while in the crosswalk of Second Avenue and 33rd Street. The same ambulance transported her to New York University Hospital where she was determined to have suffered a fractured pelvis that required surgery. She also suffered a fracture of the orbit, as well as a cranial hematoma. Now 78, the injured woman has lasting health issues related to the accident, among them brain damage that has manifested itself in persistent memory problems.

Of the settlement of her case, the injured Manhattanite said, “I am pleased with the outcome and I owe it to Mr. Wise and his opening statement in court.”

Weitz & Luxenberg filed a case (Index No. 112603/04) against the defendants TransCare and the driver of the ambulance. After opening statements in the court by both sides, and shortly before a neurologist was to take the stand on behalf of the plaintiff, the defendants opted to settle the suit for $1.4 million.

Wise, who has been with the firm for over a decade, has successfully won and obtained awards in various matters including products liability, excessive police force, motor vehicle accidents, construction accidents and labor law. Prior to joining Weitz & Luxenberg, Mr. Wise worked as a criminal defense attorney and was involved in several high-profile matters.

Weitz & Luxenberg offers free case reviews from http://www.weitzlux.com/.

People who have been injured by a motor vehicle or in another type of accident may contact Weitz & Luxenberg by visiting the firm’s Web site at http://www.weitzlux.com/

About Weitz & Luxenberg, P.C., founded in 1986, is one of the leading plaintiffs’ law firms in America. The firm has also played leading roles in national and local litigations involving asbestos, DES, silicone breast implants, medical malpractice, and general negligence, among others. A forerunner in the legal fight against environmental polluters, Weitz & Luxenberg has worked with clients harmed by MTBE and mercury, among other toxins. The firm has won numerous cases involving dangerous pharmaceuticals, including Vioxx, achieving a $13.5 million verdict against Merck & Co. The firm’s other active pharmaceutical litigations include actions against the manufacturers of Bextra, ReNu, Celebrex, Ortho Evra and Seroquel.

Weitz & Luxenberg put out a new, very informative video on YouTube all about Mesothelioma. To view the video, simply click on this link:
http://youtube.com/watch?v=YzfWKbZ2Ha8

Hi All: A relevant post for Lung Cancer Month. Many people remain uniformed about the increased risk of developing lung cancer from asbestos exposure. This is particularly true of smokers. Please forward to whomever you know who may be interested:

A Statement from Weitz & Luxenberg, P.C. to Smokers and Former Smokers: Asbestos Exposure Multiplied Your Risk for Lung Cancer

August 6, 2007, New York, NY—Sitting before the U.S. Senate two years ago, Dr. Philip Landrigan, the Chair of the Department of Community and Preventive Medicine at Mt. Sinai School of Medicine, testified, “asbestos workers who also smoke[d] have 55 times the background risk of lung cancer.” Further, according to Perry Weitz, the founding member of Weitz & Luxenberg, P.C., a leading asbestos law firm, “if smokers who are exposed to asbestos smoke a pack of cigarettes a day, their risk of getting lung cancer is more than a 100 times that of a person who does not smoke and isn't exposed to asbestos.” The courts have found in favor of smokers exposed to asbestos with multimillion dollar damages punctuated by a recent jury verdict won by Weitz & Luxenberg P.C.

“Cigarettes are addictive, asbestos is not. All that was needed to protect people from asbestos-related lung cancer was a warning,” says Perry Weitz.

In May, the firm obtained a jury verdict of $37 million for two smokers with lung cancer who had been exposed to asbestos; adding another victory to its long record of success in asbestos litigation (index #s 100016/99 and 113583/05, New York Supreme Court). The defendant was Robert A. Keasbey Company, a former insulation contractor and distributor of asbestos products.

The jury determined that the occupational exposures to asbestos of both men were "substantial factors" in causing their lung cancers and rejected the defense that the sole cause of their lung cancers was smoking.

“While other law firms shy away from fighting asbestos companies on behalf of lung cancer patients who smoked and were exposed to asbestos, our firm has consistently disproved the commonly held perception that only tobacco companies can be held liable for lung cancer,” says Perry Weitz.

Weitz & Luxenberg, P.C., has many notable successes with asbestos cases including mesothelioma. In 2006, the firm secured a $25 million jury verdict in a trial against DaimlerChrysler AG for a New York City brake reliner who lost his right lung to mesothelioma. In 2002, the firm won a $53 million verdict for a brake mechanic suffering from mesothelioma and a $49 million verdict for a boilermaker who died from mesothelioma. Successes reach as far back as 1991, when the firm won a historic consolidated trial for men who worked at the Brooklyn Navy Yard in the 1940s and 1950s. Weitz & Luxenberg P.C. represented 36 clients in that case, securing verdicts of $75 million. The firm represents tens of thousands of individuals suffering from asbestos related diseases.

Weitz & Luxenberg, P.C. offers free case reviews.

About Weitz & Luxenberg, P.C.:Weitz & Luxenberg, P.C., founded in 1986, is one of the leading plaintiffs’ litigation law firms in America. The firm has played leading roles in national and local litigations involving asbestos, DES, silicone breast implants, medical malpractice, and general negligence, among others. A forerunner in the legal fight against environmental polluters, Weitz & Luxenberg P.C. has worked with clients harmed by MTBE and mercury, among other toxins. The firm has won numerous cases involving dangerous pharmaceuticals, including Vioxx, achieving a $13.5 million verdict against Merck & Co. (docket No. ATLL129605).

Hi All: So we're back to updating the blog with relevant legal news. In particular, here is a press release on one of our recent legal victories:

Weitz & Luxenberg Wins $37 Mil Asbestos Verdict in Two Lung Cancer Cases
May 15, New York, NY— On Friday, May 11, 2007, Weitz & Luxenberg, P.C., a staunch protecter of the rights of workers who have been recklessly exposed to asbestos, won Phase II of a reverse-bifurcated lung cancer trial against Robert A. Keasbey Company. The company was a former insulation contractor that also distributed asbestos products in the New York metropolitan area.

James C. Long, Jr., Weitz & Luxenberg trial team attorney and lead counsel said, “Our clients suffered greatly. We are pleased that the jury was receptive to the evidence that established the substantive role that exposure to asbestos plays in the development of lung cancer and other debilitating diseases.”

On March 22, 2007, the jury, in Phase I of the trial, awarded $26 million in damages to Bonita Martin, the widow of boilermaker Edward Martin, and $11 million to Nicole Eyring, the daughter of Robert Lettiere, a steamfitter (Martin Index #100016/99 and Lettieire #113583/05, New York Supreme Court, Manhattan).

Both Martin and Lettiere died of lung cancer, and at issue before the jury in Phase I, was whether asbestos was a substantial contributing factor in causing the disease. (In a reverse-bifurcation trial procedure, the jury determines causation and damages first, before determining liability.) The jury determined that the occupational exposures to asbestos of both men were "substantial factors" in causing their lung cancer, rejecting the defense that the sole cause of their lung cancers was smoking.

Phase II of the trial commenced on April 23, 2007 before the same jury. At issue was whether Keasbey exposed both men to asbestos while installing asbestos insulation at various New York City area powerhouses; whether they did so negligently, and whether such negligence was a substantial factor in causing their lung cancers. Additionally, the jury was asked to determine whether Keasbey acted "recklessly." The jury answered all questions in Weitz & Luxenberg’s favor on Friday, assigning 40 percent responsibility to Keasbey in the Martin case and 15 percent responsibility in the Lettiere case.

This was the first time that an asbestos defendant brought forth a full tobacco company liability case, calling pulmonologist Dr. Hans Weill, and a tobacco historian, Dr. Louis Kyriakoudes, to the stand in an effort to again try to blame smoking as the sole or overwhelming cause of the lung cancers.

Because the jury found Keasbey to be "reckless," Keasbey is also responsible for the shares of liability assigned to Philip Morris and RJ Reynolds (totaling 20 percent) in the Martin case and to Philip Morris (15 percent) in the Lettiere case, and will also pay the shares of other companies that were not sued and were assigned a percent of fault by the jury.

The Weitz & Luxenberg trial team included Long, Douglas D. von Oiste, Jerry Kristal and Patti Burshtyn, with extensive legal research and trial support on the case conducted by Christopher Romanelli, Stephen Riegel, Tom Comerford and Jessica Russell. The judge was the Honorable Shirley Kornreich.

The firm is known for spearheading asbestos cases, among others, securing a jury verdict in 2006 ordering DaimlerChrysler AG to pay $25 million to Alfred D'Ulisse, 73, a New York City brake reliner who lost his right lung to mesothelioma. In 2002, the firm won a $53 million verdict for a brake mechanic suffering from mesothelioma, and a $49 million dollar verdict for a boilermaker who died from mesothelioma. Weitz and Luxenberg’s successes date back to 1991, when we won a historic consolidated trial involving men who had worked at the Brooklyn Navy Yard in the 1940s and 1950s. Weitz & Luxenberg represented 36 clients in that case and secured verdicts of $75 million. The firm has recovered hundreds of millions more.

People who have been harmed by asbestos can contact Weitz & Luxenberg for a free case review.

Weitz & Luxenberg Wins $1.5 Million for Injured Construction Worker

March 1, 2007, New York, NY— Construction is a high-hazard occupation, accounting for the third-highest rate of death by injury, according to the National Institute of Occupational Safety and Health. By law, employers are bound to mitigate the dangers inherent to the job wherever possible. This includes ensuring that the surrounding areas to the work site are safe for the construction team.

Unfortunately, this was not the case for a 47-year-old construction worker who fell off elevated train tracks on the Brooklyn Queens Expressway in New York City. Weitz & Luxenberg, P.C. filed a case (index no. 1752/03) in the County of Queens and in the Court of Claims against various defendants that were responsible for the construction project. This yielded a $1.5 million settlement the worker will now use to recover from the tragic and physically debilitating experience.

Nicholas Wise, a senior trial attorney with Weitz & Luxenberg, P.C., who negotiated the settlement and handled the case from its inception said, “While I am very pleased with the result in this particular case, I am at the same time very concerned that there is and has been a tremendous effort underway to repeal or amend the New York State Labor Law.” That law, Wise explained, affords construction workers special protections so as to ensure them a “reasonably safe” place to work.

Following his fall, the Woodside, Queens resident was bedridden for many months and is still recovering from his injuries. These include cervical and spinal cord damage, which necessitated two surgeries.

Fortunately, workers on construction sites in New York are given special legal rights under the New York Labor Law. Various sections of this law provide construction workers with the protections they deserve—to work at a safe construction site.

Those who have been harmed in work-related accidents may contact Weitz & Luxenberg by calling our Client Relations Department at 800-476-6070 or e-mailing clientrelations@weitzlux.com. Please also visit our website: www.weitzlux.com

About Weitz & Luxenberg, P.C.
Weitz & Luxenberg, founded in 1986, is one of the leading plaintiffs’ litigation law firms in America. The firm has played leading roles in national and local litigations involving personal injury, asbestos, DES, and silicone breast implants, among others. A forerunner in the legal fight against environmental polluters, Weitz & Luxenberg has worked with clients harmed by MTBE and mercury, among other toxins. The firm has won numerous cases involving dangerous pharmaceuticals, including Vioxx, achieving a $13.5 million verdict against Merck & Co. (docket No. ATLL129605).

Weitz & Luxenberg Affirms Rights of Passengers Following Flight Debacles
A recent snowstorm on the East Coast has shaped into a crisis for JetBlue. On Valentine’s Day, the airline’s operational shortcomings due to the storm led to 1,096 canceled flights and thousands of stranded passengers. Many fliers were confined on planes at JFK International Airport as long as 10 hours. JetBlue said it will compensate customers for the delays with vouchers ranging from $25 to the full fare. Yet for the travelers trapped onboard with scant food, and having missed vacation and business events, this may seem paltry compensation.

“The amounts being offered to these unfortunate travelers is pitiful,” said Lawrence Goldhirsch, an attorney with the Negligence department at Weitz & Luxenberg, P.C. Goldhirsch, an expert in aviation law, is author of “The Warsaw Convention Annotated: A Legal Handbook,” considered by the legal community a bible for international aviation.

In a bid to win back its customer-service driven image, JetBlue publically instituted a Bill of Rights, which commits the company to compensate passengers for various kinds of flight disruptions. But that carrier isn’t alone in stranding flyers during inclement weather. American Airlines experienced similar delays in December when passengers rerouted from Dallas/Fort Worth International Airport during storms, sat on the tarmac at Austin-Bergstrom International Airport, with no food and dirty toilets.

These recent incidents recalls a similar scenario from 1999, when Northwest Airlines stranded passengers up to nine hours, ultimately settling a lawsuit including claims of “false imprisonment” for around $7 million. Flyers of the airline had spent hours on planes sitting on the tarmac in a snowstorm in Detroit. Allowing those planes to return to terminals to drop off passengers would have helped mitigate the discomfort, an error the aviation industry continues to make.

Goldhirsch pointed out that the US Department of Transportation does not have any limitation of damages that may be claimed by passengers for delay. “Only international passengers are limited by a treaty—the Montreal Convention—when they are delayed on such flights. Even in those cases, the limitation is approximately $4,500 per passenger, depending on the length of delay and other circumstances."

Those who have been affected by an aviation incident may contact Weitz & Luxenberg by calling our Client Relations Department at 800-476-6070 or e-mailing clientrelations@weitzlux.com. Please also visit our website: www.weitzlux.com

About Weitz & Luxenberg, P.C.
Weitz & Luxenberg, founded in 1986, is one of the leading plaintiffs’ litigation law firms in America. The firm has played leading roles in national and local litigations involving asbestos, DES, and silicone breast implants, medical malpractice, and general negligence among others. A forerunner in the legal fight against environmental polluters, Weitz & Luxenberg has worked with clients harmed by MTBE and mercury, among other toxins. The firm has won numerous cases involving dangerous pharmaceuticals, including Vioxx, achieving a $13.5 million verdict against Merck & Co. (docket No. ATLL129605).

Weitz & Luxenberg Responds to Study on Off-Label Use of Antipsychotics

February 6, 2007, New York, NY— Some newer antipsychotic medications approved for bipolar disorder and schizophrenia have been given to millions of Americans to treat depression, dementia and other disorders. A new analysis produced by the Agency for Healthcare Research and Quality, says the evidence is weak that the drugs are effective for these so-called “off-label” uses, and they come with increased health risks.

Of the study’s findings, Paul J. Pennock, Director of the drug and medical device litigation unit at Weitz & Luxenberg, P.C., said, “Many drug companies monitor the prescriptions doctors write for both on- and off-label use through vendors. So, these drug companies are fully aware of the extensive off-label use, from which they greatly profit. They should therefore be held accountable to ensure proper warnings are given to prospective users of their drugs.”
The exhaustive review examined 84 published studies on atypical antipsychotics such as Seroquel (quetiapine fumarate). Researchers found that not only is quality scientific evidence lacking to support the off-label uses, there is strong evidence of very dangerous side effects to many of the drugs, including risk of death and strokes, significant weight gain and gastrointestinal problems.

In their analysis of whether atypical antipsychotics such as Seroquel work when used to treat dementia, researchers found scant evidence to support their use. Instead, they found that a large clinical trial concluded that when Risperdal, Zyprexa and Seroquel were given to Alzheimer’s patients, that the risks of adverse side effects offset the potential benefits.
Seroquel is marketed by AstraZeneca as a treatment for schizophrenia and bipolar disorder. However, it is often prescribed off-label for anxiety and sleep disorders. The drug has been linked to the development of diabetes, a debilitating, deadly disease.

Weitz & Luxenberg, one of the leading plaintiffs’ litigation law firms in America, believes the public should be fully informed about all pharmaceutical medications before choosing to take them. The firm has spearheaded litigation related to Seroquel, filing cases in the Southern District of New York. Those cases are now being transferred into the Federal Multi-District Litigation (MDL) located in Middle District of Florida (MDL docket number 1769).
People who have been injured by Seroquel can contact Weitz & Luxenberg. Interested parties should call the Client Relations Department at 1 (800) 476-6070, e-mail clientrelations@weitzlux.com, and view the firm’s corporate website at http://www.weitzlux.com

About Weitz & Luxenberg, P.C.
Weitz & Luxenberg, founded in 1986, is one of the leading plaintiffs’ litigation law firms in America. The firm has worked on numerous cases involving dangerous pharmaceuticals, including PPA, Propulsid, Accutane, Bextra/Celebrex, Seroquel and Vioxx. In the latter, we recently achieved a $13.5 million verdict against Merck & Co. (docket No. ATLL129605). The firm has also played leading roles in national and local litigations involving asbestos, DES, and silicone breast implants, among others. A forerunner in the legal fight against environmental polluters, Weitz & Luxenberg has worked with clients harmed by MTBE and mercury, among other toxins.

Weitz & Luxenberg responds to TCE contamination in Dayton, OH

February 1, 2007, New York, NY—Contaminated groundwater tainted with trichloroethylene has led to a dangerous plume that is now affecting the air quality in homes near the Behr-Dayton Thermal Products Plant in Dayton, Ohio. The U.S. Environmental Protection Agency said it is seeking to expand air quality sampling in the area to determine how many homes will need vapor abatement systems to help mitigate the contamination. The EPA stated that there will be no charge to area residents for the sampling or, if necessary, installation of the abatement systems.

In response to the U.S. EPA’s investigation, Weitz & Luxenberg, P.C., reaffirms its ongoing dedication to hold polluters responsible for the hazards they wreak on our communities. A forerunner in the legal fight against environmental polluters, the firm represents over 50 water providers whose wells have been contaminated with MTBE and several communities around the country for the personal injuries and property damage they have suffered as a result of pollution.

Of the contamination, Robin Greenwald, Head of the firm’s Environmental Toxic Torts Unit said, “Citizens should not have to feel unsafe in their own homes. When companies mishandle chemicals that migrate into groundwater and ultimately into the air in people’s homes, those companies should have to pay for the injuries and damage to property their unlawful conduct causes.”

Trichloroethylene (TCE), a chlorinated solvent, was widely used for metal degreasing in industrial operations and is now a common contaminant at hazard waste sites and many federal facilities. According to the Agency for Toxic Substances and Disease Registry, breathing high levels of TCE over a long period of time can cause nerve, kidney and liver damage.
The U.S. EPA will host a public meeting in the community on Thursday, February 8 at 8:00 pm to update residents on its plans for air quality sampling. Information on the meeting can be obtained by contacting U.S. EPA’s community involvement coordinator at (800) 621-8431, Ext. 60269, or at Gonzalez.rafaelp@epa.gov

About Weitz & Luxenberg: Weitz & Luxenberg, founded in 1986, is one of the leading plaintiffs' litigation law firms in America. A forerunner in the legal fight against environmental polluters, Weitz & Luxenberg has worked with clients harmed by MTBE and other toxins. The firm has played leading roles in national and local litigations involving asbestos, DES, silicone breast implants, medical malpractice, and general negligence, among others. The firm has won numerous cases involving dangerous pharmaceuticals, including Vioxx, achieving a $13.5 million verdict against Merck & Co. (docket No. ATLL129605).

People who have been affected by environmental pollutants can contact Weitz & Luxenberg. Interested parties should call the Client Relations department at 1 (800) 476-6070 or via e-mail by writing to clientrelations@weitzlux.com. You may also visit our website at www.weitzlux.com