Consumer Advocate Legal Update : Class Action Lawyers & Attorneys : Khorrami Pollard & Abir Law Firm : Mass Torts, Products Liability

Botox Shots Approved for Migraines, article in the Wall Street Journal. On Friday, the FDA approved Botox from Allergan as a treatment to prevent migraines, a little more than a month after the company agreed to pay $600 million to settle allegations that it had illegally marketed the drug for unapproved uses like headaches for years. Another article on this topic was published in the New York Times on October 15th.

When Drugs like Avandia Cause Problems they are suppose to Prevent, Oct.16th New York Times. In the past weeks, the FDA has noticed that two types of drugs that were suppose to prevent serious medical problems were, in fact, causing them.

The Court’s Pre-emption Test, article published on October 18th in the New York Times. Where state efforts to protect citizens and compensate victims don’t conflict with federal law, pre-emption should not be used as a weapon.

Breast Cancer seen as Riskier with Hormone, October 19th Wall street Journal and New York Times articles. Research found that hormone therapy for breast cancer speeds up the growth of the tumor.

Judge signals she’ll let Ruling on Military Policy stand, October 19th in the New York Times. Do we give the military the power to have absurd rules for fear of preventing a slippery slope or is there a way to have the military follow the constitution and still operate?
 

Payments to Doctors by most Pharma Companies still remains secret, published in Pro Publica on Oct. 20th. Consumers hoping to know more about the Doctor payments by Pharmaceutical companies will have to wait until 2013 for such disclosures to be made industry-wide.

Wall Street Journal article, MySpace apps leak user data, October 23rd. A Wall Street Journal investigation found that MySpace and popular applications of the networking site have been transmitting data to outside advertising companies that could be used to identify users.

For-profit Colleges Oppose Tighter Regulations. Part of a government plan to more closely regulate the for-profit education sector in the United States has been delayed, following an outcry from school supporters. Article in the New York Times, Oct.24th.
 

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On October 18, 2010, the Wall Street Journal reported the results of their investigation which found that many of the most popular applications or “apps” on Facebook have been transmitting the names of Facebook users and, in some cases, the names of their friends to dozens of internet advertising and tracking companies. Apps are pieces of software that let Facebook users play games or share information.

The Journal reported that at least one data gathering firm, RapLeaf, Inc., linked Facebook user IDs to its own database, which it sells. The apps are extremely important o Facebook as it transforms Facebook into a hub of activity and extends the usefulness of its network. Seventy-percent of Facebook users reportedly use apps and the apps are a source of revenue for Facebook itself, which sells it own virtual currency to pay for games. 

According to the article, the biggest apps allegedly involved are FarmVille, Texas HoldEm Poker and Frontierville. The issue affects tens of millions of Facebook users, including those who set their profile as completely private. It is reportedly unclear how long the breach took place and Facebook claims it is making attempts to “dramatically limit’ the exposure of users’ personal information.

Another article in today’s New York Times  reveals that privacy advocates and technology experts are split on the significance of the breach. Privacy advocate, Peter Eckersley, argues that by transmitting a user’s ID to advertisers, the advertisers could link the ID to information collected about the user anonymously on the Web, thereby giving the advertiser the “magic key to tracking you online”. Others downplay the significance claiming that knowledge of a user’s ID does not enable anyone to access private user information without explicit consent and that credit card companies and magazines have access to far more personal information about customers than any Facebook app.

One thing is certain; this activity will result in litigation. Such breaches likely violate Facebook’s Terms and Conditions and Privacy Policy and well as state computer crime laws, federal Electronic Privacy and Stored Communications Acts and other consumer protections statutes.

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Interesting piece in the New York Times Research section on parental views of vaccines and the possible link to autism.  This has been an ongoing debate, and scare, which has lead 1 in 8 parents to refuse a recommended vaccination for their young child. 

Read the entire article.

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Coverage on the popular GlaxoSmithKline medicine, Avandia, has recently sparked due to a new Senate report.  Although hundreds of individuals suffer each month from the dangerous side affects associated with the drug, the drug still remains on the market.  A better look at these latest developments can be read in this NY Times article - "Research Ties Diabetes Drug to Heart Woes". 

Shawn Khorrami and James Kenna of KPA have been appointed to the JCCP Steering Committee for Avandia, and will continue to fight on behalf of those injured individuals. 

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