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Case ID: 3473 | Drugs / Medical | 06/15/2004
The class has been certified in an action filed against O'Neal, Jones & Feldman Pharmaceuticals, and Carter-Glogau Laboratories on behalf of all persons who received injections of E-Ferol, a vitamin E supplement later to be found toxic. Persons eligible to take part in the action should contact the attorneys for the class for more information.
Victoria Klein of Wichita Falls was just a baby when she was given 16 injections of E-Ferol 20 years ago. On May 11, 2004, Klein and Ashley Swadley, a Dallas newborn two decades ago, moved forward in their attempts to bring the Maryland Heights, Missouri, E-Ferol creator, O'Neal, and the manufacturer, Carter-Glogau, of Glendale, Arizona, to justice. The certification ruling requires hospitals to turn over medical records of anyone who was given the supplement. It was given nationwide to premature babies between November 1983 and April 1984, when a voluntary recall pulled the supplement from hospitals. Research has shown infants who received E-Ferol injections are at an increased lifetime risk for reproductive problems, cervical and vaginal cancer, and other health problems. The drug was never FDA approved, but the companies sold E-Ferol to hospitals anyway, allegedly saying that it didn't need approval because it was a supplement. Klein was born in Wichita Falls, Texas, and later transferred to W.I. Cook and Fort Worth Children's Hospitals, now Cook Children's Medical Center, where she was given doses of the supplement. Swadley had six injections at Baylor University Medical Center in February 1984. The timing of the case is important, according to state codes, because Texas hospitals can destroy medical records when a patient reaches age 21 and was younger than 18 years of age when last treated. About 150 lawsuits against the corporation have already been filed in eight states. In 1989, several O'Neal executives were convicted of conspiracy to defraud, selling unapproved drugs and misbranding drugs. They were each sentenced to six months in prison and three years probation. "If these defendants were street drug dealers who had sold contaminated crack cocaine to willing consumers - causing the same injuries - they would still be serving time in federal penitentiaries," plaintiff attorney Art Brender wrote in a response to a motion by the defendants' attorney in December. "The E-Ferol scandal is one of the most shocking examples of corporate crime in American history." At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Drugs / Medical Cases of Interest Would you want to take drugs that someone else had sent back to the pharmacy? 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A class action has been filed against Lakeridge Health Corporation and the Brooklin Medical Centre, Inc., on behalf of all persons who were negligently exposed to tuberculosis by their contact with a tuberculosis carrier at any of the Ontario, Canada, facilities between February 1 and October 23, 2003, and who were later contacted by any public health authority or the defendants and advised that they might have contracted TB, or who actually contracted the disease. The action seeks $200 million in compensatory damages, and $20 million and punitive damages. |
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