Drug Injury and Pharmaceutical Litigation

We Know the Facts About Dangerous Drugs

Every year, doctors write approximately three billion prescriptions, and tens of millions of United States citizens use prescriptions as well as over the counter medications. Many individuals depend on the benefits of these medications, but there are several dangerous drugs and defective medical devices on the market still available for use by patients. Pharmaceutical companies continue to make significant profits, while consumers bear the cost of expensive medical bills to repair the damage to their health caused by harmful drugs. Companies should accept responsibility for their defective products. At Proffitt & Cox, we work to ensure victims get the justice they deserve for their suffering. Our Columbia injury lawyers provide pharmaceutical litigation support and experienced representation to those suffering from drug injuries as well as their families.

What You Should Know About Dangerous Drugs

The FDA recalls drugs and medical devices, but typically only after many patients have already suffered from serious side effects...
As consumers, we want to believe that the medications we take are safe, but this is not always the case. The Food and Drug Administration (FDA) approves medications and medical devices for public use and monitors their safety afterward, but this is often not enough to prevent patients from suffering injuries. The FDA recalls drugs and medical devices, but typically only after many patients have already suffered from serious side effects. The FDA still has not recalled many drugs and medical devices linked to widespread injuries, and the FDA states that managing risks from drug quality is the responsibility of drug manufacturers and the drug distribution chain. If big drug companies are to be held accountable for dangerous prescription drugs, it is often up to the patient to do so through pharmaceutical litigation.
Drug Injury Liability
Most defective drugs and medical products experience one or more flaws that can cause patients to suffer from serious injuries, including:

  • Fundamentally defective or dangerous products – Medical products may be poorly designed, which may cause patients to suffer injuries. The manufacturing company that produces a defective drug may know that the design is flawed, or serious side effects may become known with further testing after the release of the product.

  • Defectively manufactured products – Even if a drug or medical device is designed to be effective and safe, products may become tainted, or there may be an error during manufacturing, shipping, or labeling.

  • Inappropriately marketed products – If the manufacturer fails to provide appropriate warnings, instructions or recommendations for patients, the drug maker may be liable for patient injuries. Drug manufacturers may overstate the intended uses of their products, which can lead to severe harm as well.
Why Proffitt & Cox

We understand and care that when an injury occurs people are concerned about medical expenses, lost income, and compensation for their pain and suffering and other damages. We can put our experience to work immediately toward helping victims of careless or wrongful conduct obtain prompt and appropriate compensation.

  • Free initial consultations for all injury cases
  • Over 50 years total experience
  • We handle injury cases on a contingency fee basis.
  • Over $30 million recovered for our clients

Fighting for Compensation for Drug Injury Victims

If a drug or medical device is defective, or if a medication error occurs, you may suffer serious injuries or the loss of someone because of a wrongful death. Our Columbia injury attorneys have significant experience representing victims of drug injuries. They secured a multi-million dollar recovery for a group of their clients who suffered serious side effects linked to the prescription painkiller Vioxx. Contact Proffitt & Cox, LLP today by calling our South Carolina number at 803-834-7097 or our toll free number at (877) 276-0533 to receive free attorney advice for personal injuries.

Vaccine Injuries

Representing Victims of Vaccine Injuries and Their Families

Most people who get vaccines experience no serious problems or side effects. However, like any medicine, a vaccine in rare cases may case a serious problem such as a severe allergic reaction or death. A vaccine may be administered negligently or in a manner which causes injury.

Congress enacted the National Childhood Vaccine Injury Act of 1986, which resulted in the creation of the National Vaccine Injury Compensation Program (VICP). Congress enacted this law after lawsuits threatened to cause vaccine shortages and reduce U.S. vaccination rates. See Pub. L. No. 99-660, 100 Stat. 3755 (1986) (codified as amended at 42 U.S.C. §§ 300-aa-1 to -34). Compensation awarded to injured persons is financed by an excise tax on vaccines.

It doesn't cost you anything to hire an attorney to help with a vaccine injury.

The VICP is a no-fault alternative to the traditional legal system for resolving vaccine injury cases. Congress intended that the VICP provide individuals with a faster and less adversarial alternative to costly and lengthy civil lawsuits. The VICP provides individuals with an opportunity to file a claim for financial compensation.

Any individual, regardless of age, who received a covered vaccine and believes he or she was injured or died as a result of the vaccine may file a petition with the U.S. Court of Federal Claims. Parents, legal guardians and legal representatives may file a petition on behalf of children, disabled adults and individuals who are deceased.

The VICP is administered through the U.S. Department of Health and Human Services (HHS). Attorneys with the U.S. Department of Justice represent HHS in the proceedings. The Office of Special Masters, which is an office of the Court of Federal Claims, administers and resolves vaccine injury claims.

The Vaccine Injury Act established the Vaccine Injury Table. A person who has suffered a vaccine injury pursuant to criteria for vaccines listed in the table establishes a presumption that the injury was vaccine-related. HHS may rebut the presumption by proving that the alleged injury was caused by factors unrelated to the vaccine.

A person with a vaccine injury which does not meet the criteria outlined in the Vaccine Table may still recover compensation by proving the vaccine injury was actually caused by a covered vaccine. The person must show by a preponderance of the evidence:
(1) a medical theory causally connecting the vaccine and injury;
(2) a logical sequence of cause and effect showing that the vaccine was reason for the injury; and
(3) a showing of proximate temporal relationship between the vaccine and injury. Such proof usually requires testimony from a medical expert such as a physician.
How much does it cost to hire a lawyer to help me with my vaccine injury?

Short answer: Nothing.

An injured person may retain an attorney to represent him, her or a loved one in a vaccine injury case. The law provides that the attorney’s fees and case costs of the injured person must be paid by the VICP, as approved by the Court of Federal Claims.The attorney is paid on an hourly fee basis, not on a contingency fee basis. The injured person does not pay the attorney’s fees and case costs, which may include the cost of an expert witness such as a physician.

Even if a claim is denied, if certain requirements are met, the Court may order the attorney’s fees and costs to be paid. Regardless of whether the claim is granted or denied, the injured individual does not pay the attorney’s fees and costs.

What is the process of pursuing a vaccine injury claim?
  • An individual files a petition with the U.S. Court of Federal Claims. An individual may do so without a lawyer, but the preparation and submission of the petition and supporting documentation, as well as the Federal Rules of Civil Procedure and special rules which apply in vaccine cases, are complex. Most people use a lawyer, especially since the lawyer is paid by the VICP.

  • The medical staff of the Department of Health and Human Services reviews the petition and documentation, determines if the case meets the medical criteria for compensation and makes a preliminary recommendation on whether the claim should be admitted or denied.

  • Attorneys of the Department of Justice prepare a report that includes the medical recommendation and legal analysis and submits it to the Court.

  • The report is presented to a court-appointed special master, who decides whether the petitioner should be compensated. A hearing may be held in which both parties can present evidence, or a case may be resolved without a hearing. If compensation is awarded, the special master determines the amount and type of compensation.

  • The parties, with the help of their attorneys, may resolve a case by settlement or mediation after all necessary evidence and documentation is presented.

  • If a case is not voluntarily settled or mediated, and if financial compensation is awarded by the special master, the special master orders the Department of Health and Human Services to pay the financial award to the individual.

  • The special master’s decision may be appealed and petitioners who reject the decision of the Court (or withdraw their petitions within certain timelines) may file a claim in civil court against the vaccine company and/or the health care provider who administered the vaccine.

What is the deadline for filing a vaccine injury claim?

With limited exceptions, a petition must be filed within three years after the first symptom of the alleged vaccine injury. If the person died, the petition must be filed within two years of the date of death and within four years after the first symptom of the alleged vaccine injury that resulted in death.

We Represent Victims of Vaccine Injuries and Their Families

We have successfully represented victims in vaccine injuries and would appreciate the opportunity to speak to you about your case. Contact us by calling locally at 803-834-7097 or toll free at (877) 276-0533 and schedule your free consultation.

Testosterone Replacement Therapy

Investigating Legal Claims against Prescription Testosterone Products

The FDA issued an alert on Jan. 31, 2014, stating that it was investigating the risk of stroke, myocardial infarct (heart attack), and sudden death in men taking testosterone replacement products approved by the FDA following the publication of two recent studies that suggest an increased risk of cardiovascular events among men taking prescribed testosterone therapy.

What is Testosterone?

Testosterone replacement therapy is marketed and FDA approved for the treatment of low testosterone, or “low T.” Testosterone is a hormone produced primarily in the testicles that maintains bone density, muscle strength, muscle mass and sexual desire. Men naturally lose testosterone as they age.

Contact a Low T Lawsuit Lawyer

If you or a loved one suffered a myocardial infarct (heart attack), stroke or death while using prescription testosterone products, please contact Proffitt & Cox pharmaceutical attorneys Ron Cox or David Proffitt by email or call 803-834-7097 to discuss your potential “low T” testosterone replacement therapy lawsuit.

How and Why Is Testosterone Replacement Therapy Used?

Testosterone replacement therapy is prescribed for men to combat the natural decrease in testosterone as they get older. Testosterone replacement therapy is FDA approved specifically for the treatment of abnormally low testosterone levels, a condition commonly called “low T.” The hormone helps reduce body fat, increase muscle, and improve sex drive. According to media reports more than 5 million prescriptions for testosterone were written annually over the last several years in the United States. Testosterone replacement therapy is most often administered as a gel, patch or injection. Below is a list of some of the leading brands of testosterone replacement therapy:

  • AndroGel – Manufactured by AbbVie
  • AndroDerm – Manufactured by Actavis
  • Axiron – Manufactured by Eli Lilly and Company
  • Bio-T-Gel – Manufactured by Teva Pharmaceuticals
  • Fortesta – Manufactured by Endo Pharmaceuticals
  • Striant – Manufactured by Columbia Laboratories
  • Testim – Manufactured by Auxilium Pharmaceuticals
  • Testopel – Manufactured by Auxilium Pharmaceuticals
  • Delatestryl – Manufactured by Indevus Pharmaceuticals
  • Depo-Testosterone – Manufactured by Pharmacia & Upjohn Company

Side Effects and Dangers of Testosterone Replacement Drugs

...the study results found a doubling of the risk of heart attacks in men 65 and older in the 90 days following the first prescription.

Recent published medical studies have linked prescription testosterone use with the increased risk of heart attacks, strokes and even death.

In a 2014 study conducted by researchers from UCLA and the U.S. National Cancer Institute, the study results found a doubling of the risk of heart attacks in men 65 and older in the 90 days following the first prescription. The same study also showed increased risks for men younger than 65 who had pre-existing cardiovascular disease. The younger group had a two- to three-fold increased risk of heart attack in the 90 days after testosterone replacement drugs were first prescription.

A November 2013 medical study, conducted on older men who received healthcare through the U.S. Department of Veterans Affairs, many of whom had pre-existing cardiovascular disease, showed a 30 percent increased risk of death, thrombotic stroke, and myocardial infarct (heart attack) in the group of men that had been prescribed testosterone therapy drugs. The study findings were reported in The Journal of the American Medical Association.

Proffitt & Cox is currently investigating potential legal claims for the family of men who died or claims for men who suffered non-fatal heart attacks or strokes while taking prescription testosterone therapy. If you or a friend or a family member has been injured while taking testosterone replacement therapy, please contact one of our low T lawsuit lawyers.

Talcum Powder and Ovarian Cancer

The Link between Baby Powder and Cancer

While many women have long used talc-based products such as baby powder to reduce odor and increase comfort in their genital area, scientific evidence is mounting that talcum powder causes ovarian cancer. One study by a Harvard researcher concluded that women who apply talcum powder have a 30 percent increased risk of developing ovarian cancer.

Johnson & Johnson, the manufacturer and marketer of many talcum powder products, has continued to deny talc causes ovarian cancer. However, juries recently awarded $127 million in damages against Johnson & Johnson as a result of lawsuits alleging that talcum powder causes ovarian cancer. Johnson & Johnson is currently defending against over 1,000 additional talcum powder lawsuits across the United States.

Does Baby Powder Cause Ovarian Cancer?

Despite knowing that there might be a cancer risk for consumers, Johnson & Johnson has never warned its customers of the possible danger.

For years, talcum powder has been marketed to women as a safe hygiene product. However, evidence uncovered in the lawsuits shows Johnson & Johnson was advised as far back as 1971 that there was a possible connection between applying baby powder to the genital area and ovarian cancer. Despite knowing that there might be a cancer risk for consumers, Johnson & Johnson has never warned its customers of the possible danger. Instead, Johnson & Johnson continued to market these products as safe to the public. Johnson & Johnson’s talc-containing Shower to Shower product was specifically marketed to women as a feminine hygiene product for use after bathing in order to maintain a “fresh” feeling or reduce odor.

Talc is a mineral containing magnesium and silicon. In studies that conclude that talcum powder causes ovarian cancer, one theory is that when baby powder is applied to the genital area, it travels through a woman’s reproductive tract to her ovaries. Once in the ovaries, the talc is believed to cause inflammation. The body’s inflammatory response to the presence of talc can eventually result in cancer. Studies have shown that some women with ovarian cancer who have used talcum powder often had particles of talc embedded in their ovaries.

Talc Ovarian Cancer Cases

Our law firm is representing women and their families who have been victimized and suffered from ovarian cancer due to their use of baby powder and other talc products. Our attorneys have represented clients in numerous cases involving defective prescription drug, medical devices, and other dangerous products, recovering million of dollars for worthy families.  If you have been diagnosed with ovarian cancer after longtime use of talcum powder or have lost a loved one who used these products, we would welcome the opportunity to talk to you.

You do not have to call a toll free number and hire a law firm from across the county to whom you might be just a number.  If you want to discuss a potential talcum powder ovarian cancer lawsuit, you can talk to our lawyers right here in South Carolina that can meet with you face-to-face, answer your questions, and discuss how we may be able to help.  You can talk to an attorney with Proffitt & Cox, LLP for free and with no obligation. To set up a free consultation, call us or fill out the online contact form on this page today.

Drug Alerts

Supporting Victims of Drug Injuries

Each year, the Food and Drug Administration (FDA) warns the public about health issues connected to drugs that consumers expect to be safe. These warnings inform the public of recently discovered potential dangers linked to existing products on the market. The FDA may also recall harmful drugs and defective medical devices if the administration deems these products unsafe for widespread use. David Proffitt and Ron Cox have seen the harm that dangerous drugs can cause, and represent those suffering from drug injuries. Our South Carolina injury lawyers handle pharmaceutical litigation cases, and work to bring awareness about the drug alerts associated with some available medications.

Watch List for Potentially Dangerous Drugs

Many more drugs with potentially fatal side effects, such as the testosterone replacement therapy medications, are still available for use by consumers.

The following is a brief list of drugs that have been the subject of FDA warnings, recalls or other safety alerts:

  • Actos – This medication treats type II diabetes, but the FDA warns the extended use may lead to an increased risk of bladder cancer.


  • Celexa, Prozac, Zoloft and similar antidepressants – Selective Serotonin Reuptake Inhibitors (SSRIs) are commonly prescribed to patients with anxiety and depression. The FDA warned that these drugs may cause a worsening risk of suicide, and that pregnant mothers who take SSRIs have an increased risk of giving birth to a child who may suffer from certain birth defects.


  • DMAA – Also known as 1,3-dimethylamylamine, this dietary supplement is promoted as a “natural” stimulant, but taking it can cause a range of cardiovascular problems, including heart attacks. The FDA warned companies to remove DMAA from their products, and advises consumers not to use or buy any products containing the supplement.


  • Effexor – This drug is another type of antidepressant used to treat anxiety and depression. The FDA cited its manufacturer for overstating the uses of the drug. The administration also mentioned a number of potential side effects, such as an increased risk of suicide.


  • Granuflo and Naturalyte – These are two types of dialysis acid concentrates intended to treat patients with kidney diseases. Many patients suffered severe cardiac effects, stroke and death after receiving dialysis treatments with these defective medical products. The FDA issued a Class I Recall in March 2012 after uncovered internal memos revealed the manufacturer Fresenius Medical Care may have known about the deadly defects and yet continued to sell its products.


  • Lipitor —This drug is promoted to lower cholesterol and is also known as a “statin.” In 2012, the FDA required manufacturer Pfizer to update the Lipitor label to notify patients that the drug may cause Type 2 diabetes. The Lipitor warnings had previously failed to adequately inform doctors and patients of the risk of diabetes or the importance of monitoring blood glucose levels. Thousands of patients who took Lipitor have developed diabetes, which may have been avoided if these consumers had more accurate information about the risks.


  • Valturna – This high blood pressure medication was pulled from the market in 2012. One review associated the drug with strokes, kidney complications and high potassium levels.


  • Yasmin, Yaz and related products – The FDA has twice cited the birth control pill’s manufacturer, Bayer, although the administration has not recalled the drug from the market. The FDA demanded Bayer emphasize the risk of blood clots associated with the product line. Bayer has paid out more than $400 million to women who suffered from strokes, heart attacks and other blood clot related issues while taking the birth control drugs.

    Many more drugs with potentially fatal side effects, such as the testosterone replacement therapy medications, are still available for use by consumers. If you believe you or a loved one suffered injuries caused by a harmful medication, speak with a medical professional immediately, and then contact our Columbia injury attorneys to learn about your legal rights.

Victims of Drug Injuries May Benefit From Legal Help

Many individuals suffer from the harmful side effects of defective drugs each year. Consumers trust that the medication they take will improve their health, but pharmaceutical companies can be negligent and allow dangerous medications to enter the market. If you suffered a drug injury, our Columbia injury lawyers will work on your behalf to seek the compensation you deserve for medical expenses, lost wages in addition to pain and suffering. We have earned significant recoveries for many clients. Call us today locally at 803-834-7097 or toll free at (877) 276-0533 to speak with our personal injury lawyers.

Cook IVC Filters

Representing Victims of Defective Medical Devices

The Food and Drug Administration (FDA) reported that as of 2010, it had received almost 1,000 complaints from patients about inferior vena cava (IVC) filters. In 2013, manufacturer Cook Medical first began facing legal claims that its IVC filters were harming patients. Since then, over 500 Cook IVC filter lawsuits have been filed against the medical device company.

IVC filters are used to treat people who experience blood clots to prevent the clots from reaching the heat or lungs. Also known as blood-clot filters, IVC filters are cage-like devices that are implanted in a person’s blood vessels to catch blood clots before they reach major organs. Over 200,000 IVC filters are implanted in patients nationwide each year. Axis Research Mind reports that the average annual revenue from IVC filter sales is $435 million.

Are Cook IVC Filters Hurting People?

The issue with Cook Medical’s IVC filters is that the devices break apart, move inside of blood vessels or cut through blood vessels.

The issue with Cook Medical’s IVC filters is that the devices break apart, move inside of blood vessels or cut through blood vessels. This can lead to severe pain, dangerous infections and may require multiple surgeries to recover and remove the broken IVC filter. The issue with Cook Medical’s IVC filters is that the devices break apart, move inside of blood vessels or cut through blood vessels.In one particularly severe case, a Cook IVC filter was implanted in a 50-year-old woman’s thigh, where it then broke and part of the filter lodged in her spine. She had to have five surgeries to remove all the pieces of the broken filter.

Cook Medical is one of Indiana’s largest companies. It has around 12,000 employees worldwide and annual sales approaching $2 billion. However, Cook Medical has been facing a string of defective medical device issues over the last few years. Since 2014, the company has had to issue five recalls involving its medical devices. One of the recalls involved over 4 million catheters, which were breaking and splitting at the tip, resulting in patients undergoing surgeries to have the tips removed from their bodies.

How Do Cook IVC Filter Lawsuits Work?

Cook IVC filter lawsuits from throughout the country have been combined in a US District Court in Indianapolis as a multi-district litigation (MDL). MDLs are where cases filed in courts nationwide are consolidated in a single district for the pre-trial period. In this pre-trial period, one judge oversees preliminary issues including discovery (the exchange of evidence), issues of liability and more. Once these issues have been resolved, the individual cases in MDLs are sent back to their original courtrooms. At that point, the plaintiffs and their attorneys can choose to pursue a trial in their home state or negotiate a settlement agreement.

Free Consultation with Experienced Columbia Injury Attorneys

Proffitt & Cox, LLP is dedicated to helping injury victims and their families throughout South Carolina. Speak with us for more information about the Cook IVC filter lawsuits and options for victims. Give us a call or submit the case review form on this page to set up a free consultation with our Columbia injury lawyers today.

Confidential Free Consultations; No Attorneys Fees Unless You Receive Compensation
We understand that when an injury occurs, people are concerned about medical expenses, lost income, and compensation for their pain and suffering and other damages. We can answer these questions, and more importantly, we can put our experience to work immediately toward helping victims of careless or wrongful conduct obtain prompt and appropriate compensation.

We offer free initial consultations for all injury cases. We handle injury cases on a contingency fee basis which means that our fees are a percentage of what we recover for you. You will not owe us any attorney’s fees in such cases unless we are successful in obtaining compensation on your behalf.

Our South Carolina accident attorneys have recovered over $30 million in verdicts and settlements for our clients. These claims involved automobile accidents, trucking accidents, harmful prescription drugs, medical malpractice, product liability, slip and fall accidents and class action cases. Review our representative cases to see some of our past successes and review our client testimonials to see what some of our clients have to say about us.

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