Is it time for a statin drug class action lawsuit?

[gotts1936]

After taking Lovastatin for 1 1/2 years and now being off this poison for 6 months the quality of my life has been substantially adversely impacted. If it is possible that some of us will never be normal, should not, the drug companies pay for any supplements we must take for the rest of our lives?

[colcath]

Yes I agree but the drug companys are too rich and have too many people eating out of there hands and the best legal team money can buy we would be trampled all over.

[gotts1936]

Colcath, I hope you are wrong! As hundreds of us become thousands of us and, eventuality, millions of us, we will crush the b*stards.

[harley2ride]

Over the past years, I talked to 20 different lawyers. Each and everyone of them said that I had a case, but that it would be difficult and expensive to fight. So, basically, the attorneys can't make enough money off of it yet. When we can find some attorneys with a little more morals and a little less greed, we will start seeing the drug companies get sued. I just read some articles the other day, showing that approx. 16 in 10,000 people have a genetic propensity for Muscular Distropy. Statin drugs can push that from being a propensity, to being a full blown reality.. It did happen to me and many others. There is no proof of lives saved by this drug, but there are proofs of deaths..

In 1975 - 1976, the pharmacuticals decided that we needed a swine flu vaccine. If you do some research, you will find, that more people died from the vaccine, than ever would have from the flu.

Just a few weeks ago, our FDA decided (against popular opinion), that cloned meats could be sold (unlabeled??). I don't remember getting a chance to vote on that.. Did you?

[gotts1936]

Harley2ride, I agree,but times are changing. Thanks for your input. Maybe, we should contact former Senator Edwards. I understand he made millions suing corporations? Oh, by the way, I just heard the FDA was understaffed, underfunded and unable to protect the American people. Take care!

[harley2ride]

I will start a new thread (poll), to see just how many people here would be willing to participate in a class action (just remember, I'm no attorney, and at present know of none who are brave enough to take this on).

[cjbrooksjc]

harley: I would be happy to participate if you find a firm to take us on for a %.

Brooks

[Dee]

Hi Gotts,

This link should be of interest to you. See the first link on the left "Lipitor Litigation". This is the only attorney I know of that is taking on a statin that is still on the market.

*http://www.krumlaw.com/

All the attorneys I contacted would only consider a suit if the drug was recalled by the FDA, OR you had been hospitalized with Rhabdomyolosis, or preferably BOTH. (The exception is at the link above)

The ideal scenario would be for the government to pass a "statin damage compensation act" and avoid the need for litigation. I expect to be hit by a meteor before that happens.

Here is a recent interesting, though depressing story from CNN:

ATLANTA, Georgia (CNN) -- When Christine had a hysterectomy in September, her doctor told her it would take about a week to recover from the laparoscopic procedure.
Medical complications are not always the result of negligence. Nearly every procedure involves some risk.

Four months -- and three additional surgeries later -- she's still recovering, and out thousands of dollars in medical bills and lost wages.

Christine has become caught in the cracks of America's health care system, where there are no easy answers for patients who suffer a complication.

Many assume a lawsuit would be the obvious path.

Christine says she's spent about $5,000 out of pocket to fix the complication, plus she lost thousands of dollars when she was too sick to work.

"The first question everyone I know asks is, 'Are you suing?'" says Christine. "My mother, my sister-law-law, my husband. My husband is on a rampage -- he's on the lawsuit bandwagon."

Christine, who's a physician herself and didn't want her last name used, was reluctant to sue. She didn't want a black mark against her doctor. "He's such a nice guy. He delivered my children," she says.

Her friends and family weren't moved. "They said, 'I don't know what's wrong with you,'" she says.

So after weeks of pressure, Christine visited a malpractice attorney recommended by a friend. But he wouldn't take the case. A different lawyer contact by CNN said he wouldn't have either, partly because he wouldn't make much money off it.

"What are her losses -- maybe $50,000? I can't afford to take a case that recovers $50,000," says Wayne Grant, an Atlanta malpractice attorney. "My expenses would likely be more than the recovery. She's out of luck."
Plus, he said, it would be a very difficult case to win, because it would be tough to show the injury was the result of the doctor's negligence.

Exactly one week after the hysterectomy, Christine awoke in horrible pain and immediately went to her doctor's office. When she passed out in his waiting room, an ambulance took her to a hospital.

A CT scan revealed urine was accumulating in her abdomen. Christine says her doctor explained what he thought went wrong: When he was using a cauterizing tool, he must have nicked the ureter, the duct that carries urine from the kidneys to the bladder. "He really owned up to it," Christine says.

The next day, her doctor implanted a nephrostomy tube, so Christine's urine could accumulate in a bag outside her body. A week later, she had a third procedure to insert an internal stent to replace the tube and the bag. When that stent caused her pain, doctors removed it in a fourth surgery. Today, Christine is scheduled to have a fifth procedure to fix her ureter, which has become almost completely blocked by scar tissue.

Grant says the complication that caused all these problems -- the nicking of a ureter -- would most likely be considered a regular complication of the surgery, and not negligence. This means that even though Christine has clearly suffered, she wouldn't have a case. "Just because you have a bad outcome doesn't mean you can sue," he says.

If Christine lived in New Zealand or Sweden, she would be able to recover her money, according to Lucian Leape, adjunct professor of health policy at the Harvard School of Public Health. He says that in those countries, the national health system pays damages even if the doctor didn't do anything wrong.

But Christine lives in the United States.
Several legal experts consulted by CNN said Christine should just eat her costs and move on. But others said there was hope.

Christine could sit down with her doctor and the hospital's risk management officer, suggested Dr. Michael Woods, a surgeon and the CEO of Civility Mutual, a group that tries to reduce misunderstandings between doctors and patients.

"You can slice this any way you want, but something obviously did go wrong. Who caused it is irrelevant," Woods says. "The hospital could say, 'We as an organization are going to step up to the plate and give you the care you need to get through this.'"

[Dee]

Hi all,

Very strange, just now on AMC there was a commercial for those that took Baycol, which was withdrawn from the market in Aug. 2001. Back then, there were tens of thousands of suits pending against Bayer.

It referenced rhabdomyolosis, being hospitalized, OR having "other" muscle problems.

I wasn't able to get the 800 number, but would be interesting to check it out. I have to wonder why they are looking for victims after all this time. I would have thought they had milked the Bayer cow dry by now.

If anyone sees this commercial, please get the 800# and post it.

I had been taking Baycol for about 10 days when it was recalled back in 2001. I was switched to Pravachol, which ruined my life.

Just traded one poison for another.

[gotts1936]

Good morning Dee.

Your posts were very interesting. I have been off of lovastatin for seven months. My leg muscles hurt everytime I get out of a chair and my quality of life has been substantially adversely impacted. Once off of lovastatin for three months my leg muscles, which hurt and ached 24/7, stopped hurting, 24/7, but there has been no improvement for the last four months. Walking still hurts. I do not know if my condition is worthy of a statin drug lawsuit? Thanks for the Krumlaw website.

[Linda Paulhus]

I saw a recent study where the blood panel used to determine damage to the liver may be up to 60% inaccurate. The better option is the Fatty Liver Index Test. The blood paney may not show any deterioration unless you are stage 4. Good proctection for the statin companies and docs.

Also, CPK, glucose tolerance [if liver is deteriorating, your absorption of foods and fluids may causes glucose imbalances], PH, sputum culture [if a lot of mucus is present it usually means you cannot process food waste through the liver due to inflammation and damage], homocystein levels will be out of range when you cannot absorb B12 due to liver damage, dehydration [inability to absorb fluids; liver], and anemia. Also, many may find that they have a problem with Candida due to digestive problems.

F.D.A. membership cannot have a financial interest in drugs so why should doctors. I believe the percs and stock options for M.D.s has tainted their sworn hypocratic oath. Does Timothy Johnson, M.D., [GMA] have investments in pharmaceuticals???? I would love to have that questioned answered.

Linda

[Dee]

Hi Gotts,

We all understand your frustration.

I have not taken a normal step in over 6 years due to muscle and nerve damage. I developed about 20 new health problems while taking Pravachol, some which have cleared up, some that have gotten better, and some that seem to be permanent. I will soon be off Pravachol for 4 years, and am for all practical purposes, disabled from the adverse effects.

Many folks are financially devasted by the effects of statins, with no recourse through the legal system, because as one lawyer told me, "the drug companies have very deep pockets, and so must the law firm in order to stand the initial considerable expenses."

So....unless you have an indisputable obvious damage claim, like Rhabdomyolosis severe enough to have required hospitalization, law firms are not interested.

I know many that have had to quit working and apply for social security disability due to statin damage. You would think the government would be concerned about that.

[Linda Paulhus]

This is the biggest problem with a class action suit.

*http://www.ama.assn.org/amednews/2007/10/01/pr121001.htm

"Physicians have a bad habit of discounting patient complaints" said Albert W. Wu, MD, Mph, professor of health policy and management at Johns-Hopkins---

They did a survey of 650 physicians. Over 50% are ignoring compaints about symptomatic behavior. The allow patients to deteriorate to the point where they are dx'd with motor neuron disease leaving no connection to the statins.

I would like to see another survey. HOW MANY PHYSICIANS ARE BENEFITTING FROM STOCK OPTIONS WITH THE SALE OF STATIN DRUGS?
If the FDA membership cannot have financial gain, then why should doctors [who are allegedly responsible for human life?!}

[jwren]

for the past year my husband has had severe dibilitating legs cramps, every single night, before that they would just be every once in a while, and although he has been off the lovastatin for a while now, years, (he took lipitor before this), the cramps are still there, he has been diagnosed anemic and although takes b vitamin supps and potassium (bananas and vitamins, even tonic water for the quinine) still no relief.. It has effected him so much, he can't sleep, he falls asleep while driving, we have to have a friend drive him to out of town jobs, it's totally effected his quality of life..he falls asleep while watching tv, just about everytime he sits down, whether it be outside or in.. It's very scary..someone or some company needs to be held accountable..Oh and the worst part is the doctors tried to keep him on statins, I as his wife put my foot down and said no...enough is enough, we will find other ways. After all this without cholestrol meds his numbers are still fine...so I guess it was all in vein...

PS: Hypocholsterol (spelling) runs on both side of his family, so when he got a high reading they immediately put him on statins..he also has heart disease in his family so they were concerned, but he has since lost about 20 lbs and now is normal weight for his size. So maybe that helped the cholestrol on it's own.. who knows..???

[carbuffmom]

Magnesium supplements help me with cramping. They may help your hubby too. Deb

[Dee]

Jwren,

Your husband is having classic signs of sleep apnea. Falling asleep anywhere, anytime is EDS (Excessive Daytime Sleepiness) due to sleep apnea and he needs to have a sleep study ASAP.

I developed severe sleep apnea after only 8 weeks on Pravachol. It is one thing that has remained long after I stopped the statin. With a CPAP machine, I am able to sleep like I should.

[Dee]

Hi again, Jwren.

Just reread your post, seems the cramps are keeping him awake?

My mom swears by a teaspoon of yellow mustard (the kind you put on hot dogs) for cramps. Says it gives instant relief.

She has severe heart problems, and is on high doses of potassium, and has in the past used quinine. Leg cramping is big problem for her.

[gotts1936]

For many of us it is to late. Many of us have permanent physical damage that can never be repaired. When I look at my legs it appears that I have muscles in places where their should be no muscles and no muscles where there should be muscles I believe that is why I have pain when I walk. It appears that my leg muscles are not working in tandem as they should. Has any one else come to that conclusion? I am researching subjects on muscle and tendon wasting and relocation. No luck so far. No sense going to a neurologist if he or she does not believe statin drugs produce these type of side effects.

Gotts

[gedunk]

When I mentioned to my Doctor why I had taken myself off the Statins, he was not at all suprised. After I listed the effects I was going through, he rather matter-of-factly commented that those "seem to be pretty common side effects."

Unfortunately, Kaiser Permanente restricts his choices of Rx to only Statins. He [i]was[/i] pretty decent about pointing me in the direction of some Holistics treatments that have shown efficacy.

[jwren]

thank you for all your replys, I tried to contact his doc today but they were out.. I plan to discuss all this and see if there is something more they can do. Let me know if ever there is a lawsuit brought up, we will join in if it can help...