﻿<?xml version="1.0" encoding="utf-8"?>
<rss version="2.0" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>Tampa Bay Personal Injury Lawyer - All Topics - Most Popular</title>
    <description>Contact Tampa attorneys at Alley Clark &amp; Greiwe and Saunders &amp; Walker for free injury consultations regarding car accidents, birth injuries, defective products, head injuries, medical malpractice, nursing home abuse and more.</description>
    <link>http://tampabay.injuryboard.com/all-topics/most-popular/</link>
    <atom:link href="http://tampabay.injuryboard.com/all-topics/most-popular/" rel="self" type="application/rss+xml" />
    <item>
      <title>MRSA Diagnosis &amp; Treatment Delayed</title>
      <description>&lt;p&gt;Reuters Health reports that MRSA infections which are spreading in hospitals are not being recognized or treated as promptly as it should.&lt;/p&gt;&lt;p&gt;"NEW YORK (Reuters Health) - Even with early therapy, infection-related mortality from nosocomial bacteremic Staphylococcus aureus pneumonia (NBSAP) is high, according to a report in the September issue of Chest. [&lt;em&gt;&lt;a href="http://www.mansfield.ohio-state.edu/~sabedon/biol2053.htm"&gt;Nosocomial &lt;/a&gt;&lt;/em&gt;is a fancy word for "acquired in the hospital."]&lt;/p&gt;&lt;p&gt;"Patients with methicillin-resistant S. aureus (MRSA) pneumonia are at high risk to receive initial inadequate therapy," Dr. Peggy S. McKinnon from Barnes-Jewish Hospital in St. Louis, Missouri told Reuters Health. "Early recognition of MRSA as an important pathogen is essential." &lt;/p&gt;&lt;p&gt;Reuters Health reports that MRSA infections, which are spreading in hospitals, are not being recognized or treated as promptly as they should.&lt;/p&gt;&lt;p&gt;"NEW YORK (Reuters Health) - Even with early therapy, infection-related mortality from nosocomial bacteremic Staphylococcus aureus pneumonia (NBSAP) is high, according to a report in the September issue of Chest. [&lt;em&gt;&lt;a href="http://www.mansfield.ohio-state.edu/~sabedon/biol2053.htm"&gt;Nosocomial&lt;/a&gt;&lt;/em&gt;  is a fancy word for "acquired in the hospital."]&lt;/p&gt;&lt;p&gt;"Patients with methicillin-resistant S. aureus (MRSA) pneumonia are at high risk to receive initial inadequate therapy," Dr. Peggy S. McKinnon from Barnes-Jewish Hospital in St. Louis, Missouri told Reuters Health. "Early recognition of MRSA as an important pathogen is essential." &lt;/p&gt;&lt;p&gt;Dr. McKinnon and colleagues evaluated the epidemiology, treatment, and outcomes of NBSAP in 60 patients treated from 1999 through early 2004 at a level-1 trauma center. Forty-two patients (70%) were infected with MRSA. &lt;/p&gt;&lt;p&gt;Clinical and microbiological success rates were between 50% and 57%, the investigators report, and 33 patients (55.5%) died during the hospitalization -- most of them (24 patients, 40%) due to NBSAP. &lt;/p&gt;&lt;p&gt;Fewer patients with MRSA than with methicillin-sensitive S. aureus (MSSA) infection received appropriate therapy within the first 2 days of hospitalization (50% versus 72.2%, respectively), the report indicates, but overall clinical and microbiological success rates did not differ between patients with MRSA and those with MSSA. &lt;/p&gt;&lt;p&gt;Primary outcomes did not differ between patients who received delayed versus early appropriate antibiotic therapy, the researchers note. No treatment time breakpoint produced an increased probability of infection-related mortality. &lt;/p&gt;&lt;p&gt;The investigators describe this finding as the most surprising outcome from the study. &lt;/p&gt;&lt;p&gt;"These findings suggest that newer agents with enhanced clinical activity in NBSAP are needed and that these should be evaluated in a real-world setting, where outcomes of the sickest patients can be assessed," the authors conclude.... &lt;/p&gt;&lt;p&gt;"The emergence of this superbug along with concerns for the future appearance of avian influenza, potentially further increasing outbreaks of MRSA pneumonia, makes this an important health-care concern for the community as well as the hospital setting," the editorialists conclude.&lt;/p&gt;&lt;p&gt;Chest 2005;128:1414-1422,1093-1095." &lt;/p&gt;&lt;p&gt;&lt;/p&gt;&lt;a href="http://tampabay.injuryboard.com/medical-malpractice/mrsa-diagnosis-treatment-delayed.aspx?googleid=200028"&gt;Originally posted&lt;/a&gt; at &lt;a href="http://www.InjuryBoard.com"&gt;InjuryBoard&lt;/a&gt; by Bob Carroll</description>
      <link>http://tampabay.injuryboard.com/medical-malpractice/mrsa-diagnosis-treatment-delayed.aspx?googleid=200028</link>
      <source url="http://tampabay.injuryboard.com/all-topics/most-popular/">Tampa Bay Personal Injury Lawyer - All Topics - Most Popular</source>
      <category>Medical Malpractice</category>
      <category>Medical Malpractice</category>
      <dc:creator>Bob Carroll</dc:creator>
      <pubDate>Sat, 24 Sep 2005 05:29:01 GMT</pubDate>
    </item>
    <item>
      <title>Deadline for Chinese Drywall Class Action Lawsuit</title>
      <description>&lt;p&gt;Now that one of the major manufacturers of the contaminated Chinese drywall has agreed to accept service of a class action lawsuit, the time to act is now.  If your home has been contaminated by Chinese drywall and you're contemplating a lawsuit, you must contact a lawyer so that your home can be inspected.  The inspection will determine if the Chinese drywall in your home comes from Knauf.  If the inspection proves positive for Knauf Chinese drywall, your claim has to be submitted to the class by December 2, 2009.  There will be no extensions for this deadline so the time to act is now!&lt;/p&gt;&lt;a href="http://tampabay.injuryboard.com/toxic-substances/deadline-for-chinese-drywall-class-action-lawsuit.aspx?googleid=274526"&gt;Originally posted&lt;/a&gt; at &lt;a href="http://www.InjuryBoard.com"&gt;InjuryBoard&lt;/a&gt; by &lt;a href="http://www.injuryboard.com/Joe-Saunders/"&gt;Joe Saunders&lt;/a&gt;</description>
      <link>http://tampabay.injuryboard.com/toxic-substances/deadline-for-chinese-drywall-class-action-lawsuit.aspx?googleid=274526</link>
      <source url="http://tampabay.injuryboard.com/all-topics/most-popular/">Tampa Bay Personal Injury Lawyer - All Topics - Most Popular</source>
      <category>Toxic Substances</category>
      <category>chinese drywall</category>
      <category> Knauf chinese drywall</category>
      <category> chinese drywall class action lawsuit</category>
      <dc:creator>Joe Saunders</dc:creator>
      <pubDate>Mon, 16 Nov 2009 10:08:37 GMT</pubDate>
    </item>
    <item>
      <title>Tampa Motorcycle Accident Kills Two</title>
      <description>&lt;p&gt;Two people out for an evening ride on a motorcycle in Tampa got into a fatal accident with a minivan on Monday.  The &lt;a href="http://www.myfoxtampabay.com/myfox/pages/News/Detail?contentId=3925722&amp;version=2&amp;locale=EN-US&amp;layoutCode=TSTY&amp;pageId=3.2.1"&gt;motorcycle accident&lt;/a&gt; happened on Morris Bridge Road.  The motorcycle drove into the minivan.      &lt;/p&gt;&lt;p&gt;&lt;blockquote&gt;The Harley Davidson collided with the van, killing two on the bike, and leaving the mother driving the minivan in critical condition.&lt;/blockquote&gt;&lt;/p&gt;&lt;p&gt;There were three other people in the minivan, a man and two children.  They were all injured but nothing serious.  They were taken to a local hospital to be treated for their injuries.&lt;/p&gt;&lt;p&gt;If you or a loved one has been injured in a motorcycle accident and would like to speak with an attorney, please use the contact form on the right.      &lt;/p&gt;&lt;p&gt;For more information on this subject, please refer to our section on &lt;a href="http://www.injuryboard.com/view.cfm/Topic=31"&gt;Car and Motorcycle Accidents&lt;/a&gt;.&lt;/p&gt;&lt;p&gt;&lt;/p&gt;&lt;a href="http://tampabay.injuryboard.com/motorcycle-accidents/tampa-motorcycle-accident-kills-two.aspx?googleid=221548"&gt;Originally posted&lt;/a&gt; at &lt;a href="http://www.InjuryBoard.com"&gt;InjuryBoard&lt;/a&gt; by &lt;a href="http://www.injuryboard.com/Shannon-Weidemann/"&gt;Shannon Weidemann&lt;/a&gt;</description>
      <link>http://tampabay.injuryboard.com/motorcycle-accidents/tampa-motorcycle-accident-kills-two.aspx?googleid=221548</link>
      <source url="http://tampabay.injuryboard.com/all-topics/most-popular/">Tampa Bay Personal Injury Lawyer - All Topics - Most Popular</source>
      <category>Motorcycle Accidents</category>
      <category>Motorcycle Accidents</category>
      <dc:creator>Shannon Weidemann</dc:creator>
      <pubDate>Tue, 31 Jul 2007 13:30:49 GMT</pubDate>
    </item>
    <item>
      <title>Rear-end Collision Not Always Fault Of Just One Driver</title>
      <description>&lt;p&gt;A Floride appellate court opinion has again reminded us that sometimes the lead vehicle in a rear-end collision can bear some, even most, of the legal responsibility.  It appears from the opinion that a jury actually determined the lead driver was more at fault than the rear driver.  Because of the doctrine of comparative negligence that jury decision would significantly reduce the damages awarded to the injured driver of the lead vehicle.  The appellate court ruled it was error for the trial court to determine, after the jury verdict, that defendant was 100% at fault for the collision, instead of 34% as had been jury's determination.&lt;/p&gt;&lt;p&gt;Where defendant presented evidence from which jury could reasonably conclude that lead driver's negligence contributed to the collision, the presumption of negligence that attached to the driver of the rear vehicle was rebutted, and the issue was for jury to decide.&lt;/p&gt;&lt;p&gt;&lt;/p&gt;&lt;a href="http://tampabay.injuryboard.com/automobile-accidents/rear-end-collision-not-always-fault-of-just-one-driver.aspx?googleid=200716"&gt;Originally posted&lt;/a&gt; at &lt;a href="http://www.InjuryBoard.com"&gt;InjuryBoard&lt;/a&gt; by Bob Carroll</description>
      <link>http://tampabay.injuryboard.com/automobile-accidents/rear-end-collision-not-always-fault-of-just-one-driver.aspx?googleid=200716</link>
      <source url="http://tampabay.injuryboard.com/all-topics/most-popular/">Tampa Bay Personal Injury Lawyer - All Topics - Most Popular</source>
      <category>Automobile Accidents</category>
      <category>Auto Accidents</category>
      <category> The Litigation Process</category>
      <dc:creator>Bob Carroll</dc:creator>
      <pubDate>Tue, 03 Jan 2006 05:42:10 GMT</pubDate>
    </item>
    <item>
      <title>Chinese Drywall Defendant Agrees to Accept Service of Class Action Lawsuit</title>
      <description>&lt;p&gt;Chinese drywall defendant Knauf Plasterboard Tianjin Co. Ltd. has agreed to accept service of process concerning a Chinese drywall class action lawsuit in which Knauf is being sued for manufacturing and importing the contaminated Chinese drywall into the United States.  &lt;/p&gt;
&lt;p&gt;This is a major victory for the thousands of homeowners who've had their homes contaminated with the drywall.  The agreement means that all the drywall lawsuits can be consolidated into a class action and the homeowners won't have to pay the $15,000 fee for each lawsuit filed in the court.&lt;/p&gt;
&lt;p&gt;However, Chinese drywall homeowners must submit proof that their home has been contaminated with the drywall and secure a lawyer to represent them by December 2, 2009.&lt;/p&gt;
&lt;p&gt; &lt;/p&gt;&lt;a href="http://tampabay.injuryboard.com/toxic-substances/chinese-drywall-defendant-agrees-to-accept-service-of-class-action-lawsuit.aspx?googleid=273946"&gt;Originally posted&lt;/a&gt; at &lt;a href="http://www.InjuryBoard.com"&gt;InjuryBoard&lt;/a&gt; by &lt;a href="http://www.injuryboard.com/Joe-Saunders/"&gt;Joe Saunders&lt;/a&gt;</description>
      <link>http://tampabay.injuryboard.com/toxic-substances/chinese-drywall-defendant-agrees-to-accept-service-of-class-action-lawsuit.aspx?googleid=273946</link>
      <source url="http://tampabay.injuryboard.com/all-topics/most-popular/">Tampa Bay Personal Injury Lawyer - All Topics - Most Popular</source>
      <category>Toxic Substances</category>
      <category>Chinese drywall</category>
      <dc:creator>Joe Saunders</dc:creator>
      <pubDate>Wed, 04 Nov 2009 11:51:46 GMT</pubDate>
    </item>
    <item>
      <title>A Christmas Eve Suicide In The Pinellas County Jail</title>
      <description>&lt;p&gt;Should this suicide have been prevented?   Juvenal Hernandez Flores, 28, of 2903 Forestbrook Drive, Charlotte, N.C., was booked into the Pinellas County Jail on Thursday.  He was being held  on charges of failing to appear in court and driving without a driver's license.  A Sheriff's Office report notes Flores made suicidal statements while he was being booked.  It appears he was recognized as a suicide risk, placed in a medical wing where he could have close observation and constant surveillance by deputies and closed-circuit television.  He was re-evaluated on Friday.  His observations were reduced to every 15 minutes.  On Christmas Eve Flores, used his inmate pants to hang himself. &lt;/p&gt;&lt;p&gt;Could  this suicide have been prevented?   Juvenal Hernandez Flores, 28, of 2903 Forestbrook Drive, Charlotte, N.C., was booked into the Pinellas County Jail on Thursday.  He was being held  on charges of failing to appear in court and driving without a driver's license.  A Sheriff's Office report notes Flores made suicidal statements while he was being booked.  It appears he was recognized as a suicide risk, placed in a medical wing where he could have close observation and &lt;em&gt;constant surveillance&lt;/em&gt; by deputies and closed-circuit television.  He was re-evaluated on Friday.  His &lt;em&gt;observations were reduced to every 15 minutes&lt;/em&gt;.  On Christmas Eve Flores, used his inmate pants to hang himself.  From &lt;a href="http://news.tbo.com/news/MGBORP80RHE.html"&gt;Tampa Bay Online&lt;/a&gt;.&lt;/p&gt;&lt;p&gt;Inmates in prisons or jails sometimes have physical or emotional problems which require proper attention.  That attention must be provided by the facility.  If there is any indication of suicidal thoughts or ideations appropriate suicide precautions and even psychiatric evaluations are mandatory.   &lt;/p&gt;&lt;p&gt;&lt;/p&gt;&lt;a href="http://tampabay.injuryboard.com/wrongful-death/a-christmas-eve-suicide-in-the-pinellas-county-jail.aspx?googleid=200648"&gt;Originally posted&lt;/a&gt; at &lt;a href="http://www.InjuryBoard.com"&gt;InjuryBoard&lt;/a&gt; by Bob Carroll</description>
      <link>http://tampabay.injuryboard.com/wrongful-death/a-christmas-eve-suicide-in-the-pinellas-county-jail.aspx?googleid=200648</link>
      <source url="http://tampabay.injuryboard.com/all-topics/most-popular/">Tampa Bay Personal Injury Lawyer - All Topics - Most Popular</source>
      <category>Wrongful Death</category>
      <category>Governmental Liability</category>
      <category> Wrongful Death</category>
      <dc:creator>Bob Carroll</dc:creator>
      <pubDate>Wed, 28 Dec 2005 05:08:15 GMT</pubDate>
    </item>
    <item>
      <title>Toyota Recalls 4.26 Million Vehicles for Accelerator Defect</title>
      <description>&lt;p&gt;Toyota has recalled more than 4 million vehicles due to a defect with the car's accelerator.  The defects involve accelerators that are jammed open by floor mats.  The dangerous defects have led to auto deaths including the death of a California Highway Patrol officer and three family members.  Since 2002, the sudden acceleration defects have claimed the lives of at least 19 motorists who've experienced such Toyota accelerator defects.  &lt;/p&gt;
&lt;p&gt;Toyota has received strong criticism for their inaction and failure to warn motorists of the problem.  &amp;quot;They knew something was wrong way before that San Diego accident happened,&amp;quot; said Rebecca Lindland, an auto industry analyst for consulting firm IHS Global Insight. &amp;quot;That was just the catalyst to get them to finally do something.&amp;quot;&lt;/p&gt;&lt;a href="http://tampabay.injuryboard.com/automobile-accidents/toyota-recalls-426-million-vehicles-for-accelerator-defect.aspx?googleid=275128"&gt;Originally posted&lt;/a&gt; at &lt;a href="http://www.InjuryBoard.com"&gt;InjuryBoard&lt;/a&gt; by &lt;a href="http://www.injuryboard.com/Joe-Saunders/"&gt;Joe Saunders&lt;/a&gt;</description>
      <link>http://tampabay.injuryboard.com/automobile-accidents/toyota-recalls-426-million-vehicles-for-accelerator-defect.aspx?googleid=275128</link>
      <source url="http://tampabay.injuryboard.com/all-topics/most-popular/">Tampa Bay Personal Injury Lawyer - All Topics - Most Popular</source>
      <category>Automobile Accidents</category>
      <category>Toyota accelerator defect</category>
      <dc:creator>Joe Saunders</dc:creator>
      <pubDate>Mon, 30 Nov 2009 09:45:45 GMT</pubDate>
    </item>
    <item>
      <title>FDA’s Oversight of Post-Marketing Studies Inadequate</title>
      <description>&lt;p&gt;The Government Accountability Office (&lt;a href="http://www.gao.gov/"&gt;GAO&lt;/a&gt;) has released a &lt;a href="http://www.gao.gov/new.items/d09866.pdf"&gt;new report&lt;/a&gt; about the &lt;a href="http://www.fda.gov/"&gt;FDA&lt;/a&gt;&amp;rsquo;s lack of post-marketing oversight in a number of the drugs which it conditionally approved.&lt;/p&gt;
&lt;p style="text-align:justify;"&gt;The FDA normally makes a decision to approve a drug based on &lt;a href="http://en.wikipedia.org/wiki/Clinical_trial"&gt;clinical trials&lt;/a&gt;. If the clinical trials yielded favorable results, the FDA would then likely approve the drug and sales of the drug can be introduced to the U.S. market. The downside to this traditional route, though, is that the clinical trials can take years to complete, and cost the pharmaceutical company millions of dollars.   With this in mind, in 1992 the FDA instituted an optional route to approval: &lt;a href="http://en.wikipedia.org/wiki/Surrogate_endpoint"&gt;surrogate end-points&lt;/a&gt;. Surrogate end-points are the end-results yielded by a drug in a laboratory setting which tend to show positive health benefits. For example, HIV-related drugs are often approved based on its virus-lowering power, a major factor in increased survival for HIV-infected patients. A cholesterol drug could be approved to prevent heart disease, an end-point, by showing that the drug lowers cholesterol &amp;ndash; since there is a connection between high cholesterol and heart disease. Utilizing this approval route means that manufacturers can get their drugs to the market faster and patients in need have faster access to the drug.&lt;/p&gt;
&lt;p style="text-align:justify;"&gt;Unfortunately with surrogate end-point approval there are often many factors unknown, namely long-term effects of the drug&amp;rsquo;s usage. Long term clinical studies provide this information, but drugs using surrogate end-point trials are often approved so quickly that long-term effects are not known until the drug is on the market - which means that adverse effects may not be known until after the drug&amp;rsquo;s approval. As such, the FDA approves these drugs &lt;i&gt;conditionally&lt;/i&gt;. This means that the FDA will require the manufacturer to conduct ongoing research beyond the drug&amp;rsquo;s approval, or else the drug&amp;rsquo;s approval will be revoked.&lt;/p&gt;
&lt;p style="text-align:justify;"&gt;Despite all of these conditionally approved drugs requiring the conduction of post-marketing studies, the GAO found only 52% of these drugs actually have adequately completed them. 18% haven&amp;rsquo;t even started, 7% were still ongoing, and 2% were delayed. The remaining 21% were either not yet reviewed or found no longer necessary.&lt;/p&gt;
&lt;p style="text-align:justify;"&gt;The GAO also noted the FDA&amp;rsquo;s inability to provide accurate record keeping of post-marketing research. Additionally, the GAO found that no drug approved under the surrogate-endpoint system has ever been unapproved, despite a large number of delinquent manufacturers.&lt;/p&gt;
&lt;p style="text-align:justify;"&gt;This is not the first time the FDA has come under fire from the GAO. In 2006, the GAO &lt;a href="http://www.gao.gov/new.items/d06402.pdf"&gt;chastised&lt;/a&gt; the FDA for its lack of a clear oversight process, and inability to quickly evaluate post-marketing data.  Clearly, the FDA has a responsibility to demand post-marketing studies be completed and submitted to prove a drug&amp;rsquo;s long-term safety and efficacy&lt;/p&gt;&lt;a href="http://tampabay.injuryboard.com/fda-and-prescription-drugs/fdas-oversight-of-postmarketing-studies-inadequate.aspx?googleid=274228"&gt;Originally posted&lt;/a&gt; at &lt;a href="http://www.InjuryBoard.com"&gt;InjuryBoard&lt;/a&gt; by &lt;a href="http://www.injuryboard.com/C-Todd-Alley/"&gt;C. Todd Alley&lt;/a&gt;</description>
      <link>http://tampabay.injuryboard.com/fda-and-prescription-drugs/fdas-oversight-of-postmarketing-studies-inadequate.aspx?googleid=274228</link>
      <source url="http://tampabay.injuryboard.com/all-topics/most-popular/">Tampa Bay Personal Injury Lawyer - All Topics - Most Popular</source>
      <category>FDA &amp; Prescription Drugs</category>
      <dc:creator>C. Todd Alley</dc:creator>
      <pubDate>Tue, 10 Nov 2009 11:05:08 GMT</pubDate>
    </item>
    <item>
      <title>You Can ASK GARY...Or, You Could ASK KOBY, ASK JERY Or Even ASK DAVE</title>
      <description>&lt;p&gt;Three years of television commercials throughout Tampa Bay telling us to call ASK GART when we are injured have spawned some copycats.  Suddenly, there are commercials reminding us that we should ASK-KOBY or ASK-JERY or even ASK-DAVE.   So, who's a person to ASK?&lt;/p&gt;&lt;p&gt;GARY thinks all this ASKing is confusing to injured people  so he has gone to court to block KOBY and JERY.  &lt;a href="http://www.tbo.com/news/money/MGBM2QL1LIE.html"&gt;The Tampa Tribune&lt;/a&gt; carries the full story.  Personally, I suggest everyone should ASK BOB, but I don't want to get sued.&lt;/p&gt;&lt;p&gt;&lt;blockquote&gt;TAMPA - Gary Kompothecras, the man behind those ever-present 1-800-ASK-GARY commercials, built a small empire of accident clinics partly by urging TV viewers to "call Mr. Gary."&lt;/p&gt;&lt;p&gt;Now Kompothecras, who's a Sarasota chiropractor, is fighting in court to keep competitors from using his toll-free "ASK" referral service idea.&lt;/blockquote&gt;&lt;/p&gt;&lt;p&gt;Three years of television commercials throughout Tampa Bay telling us to call ASK GARY when we are injured have spawned some copycats.  Suddenly, there are commercials reminding us that we should ASK-KOBY or ASK-JERY or even ASK-DAVE.   So, who's a person to ASK?&lt;/p&gt;&lt;p&gt;GARY thinks all this ASKing is confusing to injured people  so he has gone to court to block KOBY and JERY.  &lt;a href="http://www.tbo.com/news/money/MGBM2QL1LIE.html"&gt;The Tampa Tribune&lt;/a&gt; carries the full story.  Personally, I suggest everyone should ASK BOB, but I don't want to get sued.&lt;/p&gt;&lt;p&gt;&lt;blockquote&gt;TAMPA - Gary Kompothecras, the man behind those ever-present 1-800-ASK-GARY commercials, built a small empire of accident clinics partly by urging TV viewers to "call Mr. Gary."&lt;/p&gt;&lt;p&gt;Now Kompothecras, who's a Sarasota chiropractor, is fighting in court to keep competitors from using his toll-free "ASK" referral service idea.&lt;/blockquote&gt;&lt;/p&gt;&lt;p&gt;&lt;/p&gt;&lt;a href="http://tampabay.injuryboard.com/miscellaneous/you-can-ask-garyor-you-could-ask-koby-ask-jery-or-even-ask-dave.aspx?googleid=200998"&gt;Originally posted&lt;/a&gt; at &lt;a href="http://www.InjuryBoard.com"&gt;InjuryBoard&lt;/a&gt; by Bob Carroll</description>
      <link>http://tampabay.injuryboard.com/miscellaneous/you-can-ask-garyor-you-could-ask-koby-ask-jery-or-even-ask-dave.aspx?googleid=200998</link>
      <source url="http://tampabay.injuryboard.com/all-topics/most-popular/">Tampa Bay Personal Injury Lawyer - All Topics - Most Popular</source>
      <category>Miscellaneous</category>
      <category>Rants &amp; Raves</category>
      <dc:creator>Bob Carroll</dc:creator>
      <pubDate>Wed, 18 Jan 2006 06:24:11 GMT</pubDate>
    </item>
    <item>
      <title>Tobacco Makers Sue U.S. over Free Speech</title>
      <description>&lt;p&gt; &lt;/p&gt;
&lt;p&gt;A group of tobacco manufacturers, including &lt;a href="http://www.rjrt.com/"&gt;RJ Reynolds&lt;/a&gt;, &lt;a href="http://www.hoovers.com/commonwealth-brands/--ID__104160--/free-co-factsheet.xhtml"&gt;Commonwealth Brands, Inc.&lt;/a&gt;, &lt;a href="http://www.macraesbluebook.com/search/company.cfm?company=411187"&gt;National Tobacco Co.&lt;/a&gt;, and &lt;a href="http://www.lorillard.com/"&gt;Lorillard&lt;/a&gt;, sued the U.S. Government in August claiming the new federal law passed in June called the &lt;a href="http://tampabay.injuryboard.com/miscellaneous/tobacco-control-act-and-what-it-means-for-tobacco-users.aspx?googleid=270008"&gt;Family Smoking Prevention and Tobacco Control Act&lt;/a&gt; unconstitutionally restricts their ability to communicate with consumers and unfairly limits their ability to promote new tobacco products.   The new law gives the FDA broad powers for the first time for approving all new tobacco products (but not products already on the market), requires larger warnings on cigarette packages, and places harsh restrictions on tobacco advertisements.  The Plaintiff tobacco companies say the new law goes too far in restricting their commercial free speech rights.&lt;/p&gt;
&lt;p&gt;&amp;ldquo;While the act is purportedly intended to reduce youth tobacco use, a number of its provisions broadly restrict all speech by plaintiffs about tobacco products,&amp;rdquo; according to the complaint.  Plaintiff Tobacco companies called some of the restrictions &amp;ldquo;egregious,&amp;rdquo; saying that Americans have &amp;ldquo;been well-informed of the harms of tobacco use&amp;rdquo; for decades.&lt;/p&gt;
&lt;p&gt;Noticeably absent from the lawsuit was tobacco giant Philip Morris.  Interestingly, Philip Morris was a very enthusiastic backer of the new law and has been in favor of FDA regulation.  So if not all of Big Tobacco is rallying behind this lawsuit, what&amp;rsquo;s the true motivation for this suit? The answer&amp;rsquo;s clear. Philip Morris is the largest tobacco producer in the U.S., &lt;a href="http://www.reuters.com/article/rbssTobacco/idUSN0551452220080905"&gt;holding over 50% of the cigarette market share in the U.S.&lt;/a&gt; Meanwhile, RJ Reynolds and Lorillard control 28% and 11% of the market, respectively. And because the law adds new limits on the ways cigarette manufacturers can promote new products, RJ Reynolds and Lorillard adamantly declared that Philip Morris&amp;rsquo; dominance will continue.&lt;/p&gt;
&lt;p&gt;So is this lawsuit really a question about free speech and the government&amp;rsquo;s rights to limit advertising harmful products? Is it a question about the government&amp;rsquo;s role in protecting public health? Or is it just a handful of tobacco companies who see the new advertisement restrictions undercutting their bottom line?&lt;/p&gt;
&lt;p&gt; &lt;/p&gt;&lt;a href="http://tampabay.injuryboard.com/toxic-substances/tobacco-makers-sue-us-over-free-speech.aspx?googleid=271682"&gt;Originally posted&lt;/a&gt; at &lt;a href="http://www.InjuryBoard.com"&gt;InjuryBoard&lt;/a&gt; by &lt;a href="http://www.injuryboard.com/C-Todd-Alley/"&gt;C. Todd Alley&lt;/a&gt;</description>
      <link>http://tampabay.injuryboard.com/toxic-substances/tobacco-makers-sue-us-over-free-speech.aspx?googleid=271682</link>
      <source url="http://tampabay.injuryboard.com/all-topics/most-popular/">Tampa Bay Personal Injury Lawyer - All Topics - Most Popular</source>
      <category>Toxic Substances</category>
      <category>Tobacco</category>
      <category> first amendment</category>
      <category> FDA</category>
      <category> lorillard</category>
      <category> rj reynolds</category>
      <dc:creator>C. Todd Alley</dc:creator>
      <pubDate>Tue, 29 Sep 2009 08:37:43 GMT</pubDate>
    </item>
  </channel>
</rss>