Kenneth J. Allen & Associates - Injury Attorneys
Illinois and Indiana Personal Injury Lawyers and Attorneys Trial and Civil Litigation Law Firm.
Passion. Commitment. Excellence.
Those three words best describe the driving forces behind Kenneth J. Allen & Associates. Our firm is devoted exclusively to the practice of Accident and Injury Law, and exclusively to the people - not corporations - seriously hurt or killed in incidents as varied as on-the-job accidents, semi-truck crashes, injuries from a defective product, or loss of life because of a doctor's medical malpractice.
As the only multi-state law firm in Valparaiso Indiana, Merrillville Indiana, Indianapolis Indiana, Northwest Indiana, Chicagoland, Joliet Illinois, Tinley Park Illinois, Chicago Illinois accepting serious injury and wrongful death cases, exclusively, Kenneth J. Allen & Associates is experienced and knowledgeable in the details and procedures that can make or break a case.
Monday-Friday: 8:00 am - 5:00 pm
FDA MAY APPROVE DRUGS WITHOUT DOCTORS’ PRESCRIPTION WHILE MORE DOCTORS BYPASS INSURANCE COMPANIES: GOOD NEWS AS LONG AS PUBLIC CITIZENS ARE PROTECTED FROM NEGLIGENCE HARM
This week, the Food and Drug Administration announced that it is considering allowing several drugs that need a doctor’s prescription right now to be made available to Americans without a physician’s okay. This move is still being debated by the FDA, but it has a lot of support since it would make some very popular drugs for things like diabetes much cheaper for people to buy.
1. Legally Get Prescription Drugs Without a Doctor? That May Be True Very Soon.
If the FDA goes ahead with this proposal, doctors would be taken out of the loop for many Americans as they would get drugs based on answering a questionaire about their symptoms. Sounds efficient, but doctors warn that this is risky. Not having a medical professional checking out an individual’s symptoms may mean something is missed, and the person is harmed.
2. Doctors Practicing Without Dealing With Health Insurance? That’s Happening Now.
Meanwhile, doctors are reacting to costs on their own. There is a growing national trendfor physicians to opt for “direct pay model” practices, otherwise known as “concierge” medicine. (Here’s a list of these practices.)
In these new doctors’ offices, the doctor offers you a membership in a monthly service plans at a reasonable rate, and may well also offer pay-as-you-go options. The doctor does NOT accept insurance. Most doctors are finding that after they transition to this new model, they are making more money than they did before, and they aren’t having to deal with insurance companies at all. Neither are their patients, as many Americans who currently are without health insurance are finding these “direct pay” doctors an answer to a prayer.
3. Risks to Consider – What Happens When Someone Is Hurt by a Mistake?
The reason that personal injury law exists is to protect those that have been hurt through no fault of their own: victims of mistakes made by others who need justice. With these changes in the medical industry, what happens to Americans when they get drugs through a questionnaire or they go to a concierge doctor and because of a medical mistake, they are seriously injured or killed?
Product liability laws will still protect for some drug errors; however, people will need to be very careful in answering questionnaires and they will need to trust that those questionnaires are going to protect them. No doctor being involved means that an experienced health care professional will not be involved in that drug being dispensed to the patient. Who will be legally responsible for errors made by the questionnaire? Will the finger be pointed at the patient for the harm he or she has suffered?
As for concierge medicine, doctors will still carry medical malpractice coverage. They are simply offering another way of doing business that skirts the health insurance carrier. Patients with coverage can still file their own claims – the doctor’s office just isn’t going to be involved.
Times are changing, and sometimes change is good. Be careful out there.
DATELINE NBC HANSEN EXPOSE OF FDA DRUG TESTING: OVERSEAS DRUG TRIALS AREN’T TRUSTWORTHY WHICH MEANS MAYBE YOUR PRESCRIPTION DRUGS AREN’T EITHER
Drugs are products that harm people in this country just like any other good that is sold for profit, and we monitor prescription drugs and both the FDA and Big Pharma here and post periodically about the dangers facing Americans today as they take drugs prescribed by doctors and dispensed at hospitals, clinics, dentists as well as at pharmacies and drug stores.
We will continue to do that, of course, but investigative journalist Hansen is doing much more: in a series of stories detailing his extensive investigation into Big Pharma and thedangers of prescription drugs, Chris Hansen at Dateline NBC has discovered important information that everyone in this country should know.
Consider this: the drugs that go before the FDA for approval are supposed to be extensively tested. First, in labs. Then, on animals, Finally, on humans who agree to be testing subjects on these not-yet-approved drugs. These are called “drug trials,” and you may have seen advertisements asking people to participate.
Which brings us to drug trial outsourcing to foreign countries. Outsourcing jobs in various industries to India and other countries isn’t just popular for car makers or even law firms, now it’s commonplace for Big Pharma to outsource their drug trials.
Why? It’s cheaper to have drug trials overseas, the human subjects don’t ask for as much money to take the risk. Also, the other countries don’t regulate the drug trials like the United States requires. This is very helpful because what happens is that Big Pharma signs a contract with the foreign company to do the drug trial.
Big Pharma just pays money and gets test results. Running those tests, gathering those subjects, and (here’s the key) vetting those subjects will be done by the foreign firm under foreign law. Bingo.
What this means to you, and you really need to watch Hansen’s report for details here, is that the drugs that the Food and Drug Administration has approved for your use may have had approval based upon overseas drug trials that aren’t trustworthy.
Sometimes the overseas drug trials have people who don’t tell the truth to the company, getting into trials because they are desperate for cash. Other times, they sign up for several overlapping trials, because again they need the money and they aren’t concerned about their health risks or how the dovetailing tests might scew results – they need cash for basic things like food for their children.
Bottom line: not only can we not trust drugs that have not been okayed by the FDA, it’s becoming more and more apparent that we cannot trust drugs that HAVE been approved by the FDA.
Be careful out there and if you or a loved one believes that a drug might be harmful in some way, go see your physician immediately. People die and suffer serious injury from prescription drugs everyday.
PFIZER SETTLES WITH FEDS AGAIN – BIG PHARMA AND BAD MARKETING OF DANGEROUS DRUGS THAT HURT OR KILL PEOPLE
For those working in the legal fight against evildoers whose actions hurt people and their loved ones and impact families’ futures for a lifetime, stories like this are not surprising. Legal secretaries aren’t shocked that Big Corporations put profits over people; paralegals have seen numerous examples of products that were put out into the marketplace which turned out to hurt or maybe even kill unsuspecting victims. Lawyers read case after case where legal fights are fought, if not where the Big Company is denying liability, then where the Big Company is trying to keep how much money it has to pay in damages as low as possible.
It’s true in trucking accidents and job site injuries and wrongful death car crashes. It’s something that Kenneth J. Allen & Associates knows all too well because it’s something that we all see, all too often. However, it serves us all to keep vigilant to these things, and to let you know about justice when it occurs.
And, this week, there’s yet another example of injustice being fought as U.S. Attorney General Eric Holder issued a press release to announce the federal government’s settlement with Pfizer Inc. over False Claims Act allegations tied to Pfizer’s marketing of its drug, Detrol. (Pfizer doesn’t have a news release about the settlement on its website.)
It is interesting to note that Pfizer is already known as a “repeat offender” after entering a guilty plea two years ago in what is considered to be the biggest known fraud in U.S. health care, with Pfizer getting zapped with the biggest criminal penalty ever levied against a defendant for the illegal marketing of four drugs (Bextra; Geodon; Zyvox; and Lyrica). At that point, Pfizer was entering into its 4th settlement on this type of thing with the feds.
Pfizer to Pay $14,500,000 for False Claims About Detrol, a medicine for overactive bladder problems
The Department of Justice worked this case and got this settlement because of the brave acts of some whistleblowers, who filed a series of qui tam, or whistleblower, suits. This settlement involves the last of those suits; the others were taken care of in the federal government’s big overall settlement with Pfizer, where Pfizer agreed to pay $2.3 billion to resolve criminal charges as well as numerous civil products liability actions against it, involving several of its drug products.
What did Pfizer do this time? Here, the case involves the feds asserting that Pfizer illegally marketed Detrol for uses that the FDA had not approved as being safe and/or effective: these included its use by men suffering from benign prostatic hypertrophy, bladder outlet obstruction, and lower urinary tract problems.
Yet Another Example of a Person Trusting a Product That Can Hurt Him
Products liability law exists in every state in this country, passed by state legislatures because companies cannot be trusted to put products into the marketplace for sale that are safe and effective for their intended use. The Food and Drug Administration exists to police the same sort of thing, as an arm of the federal government with the ability to file criminal charges against offenders.
However, marketing power is strong in this country and Americans like to think the best of everyone. When products are bought at the store, including drugs — maybe especially drugs — people trust that the product is safe for them to use. This trust is, sadly, all too often misplaced as the continuing story of Pfizer’s litigation (and that of all of Big Pharma) reveals.
If you are suspicious of any type of product, then investigate that suspicion. Your instincts may be right and the product may be dangerous. Seek medical help – and legal help if you have been harmed or damaged. Products do hurt people.
Be careful out there.