Vioxx
Commentary by Thomas Sullivan
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Here we also provide a chat room about Vioxx and related topics. Any topic of discussion about Vioxx or Osteoarthritis is fair game discussion within our chat room. Our chat room allows for an unlimited number of participants.
In an effort to provide an additional information resource about Vioxx, and to provide alternative treatments, here you will find our book store. Our book store provides books about Vioxx and books about pain relief alternatives for those individuals who are suffering from osteoarthritis.
Here you will also find a list of attorneys who specialize in Vioxx litigation. Attorney, clinician, and consumer should find this site useful, and compelling. Most of the current news about Vioxx has to do with lawsuits against Merck, the producer of this drug, and about cardiovascular events that have developed in individuals due to usage prior to the withdraw of Vioxx from the market place in 2004.
Vioxx is the brand name for Rofecoxib. Rofecoxib is one of the COX-2 inhibitors within the non-steroidal anti-inflammatory drug (NSAID) family. Other COX-2 inhibitors include Bextra and Celebrex. In 1999, the Food and Drug Administration (FDA) approved Vioxx for safe and effective use. The intended usage of Vioxx was for the treatment of osteoarthritis, acute pain and dysmenorrhoea. Vioxx was most frequently prescribed for the treatment of osteoarthritis.
In 2004, Merck withdrew the drug because of cardiovascular event concerns. More specifically, Vioxx was found to be associated with an increase risk of heart attack and stroke. Bextra was withdrawn from the market in 2005, while Celebrax remains available for use. Major drug companies will at times, place drugs in the pipeline which end up problematic and occasionally dangerous to the general public. The main concern here really is not the major drug companies but the FDA and it’s practices. The FDA today is showing more and more favoritism toward “Big Pharma”. It appears now that the FDA should have never allowed Vioxx to enter the market place.
Today drug companies are producing drugs for just about every minor or major medical problem that exist within the human body. Enormous amounts of money is funneled into advertising, and the drug company can make any drug look good on TV ads. Granted, most drugs are needed and provide a benefit to the general public, and that is why on this page you will find alternatives to Vioxx for pain relief from osteoarthritis. The problem is that there are many drugs out on the market place today because of the enormous profit margin and yet these drugs provide limited benefit overall to the general public. Many drugs today are being pushed out into the market place to quickly without proper scrutiny.
Vioxx is not a special case. Another case in point. Recently the drug companies have been advertising sleeping pills heavily on TV and they make them look like the perfect solution to sleep deprivation. Major problems have recently been associated with these sleeping pills. People taking these sleeping pills have been getting up at night and make meals, eat, walk around, and drive their car, all while being a sleep! Again, the question arises, do you really need to take these pills?
Do you really need to have exactly 7 hours of sleep every night? Personally, I have plenty of energy on 5 to 6 hours of sleep with a 20 min nap and have not taken a sleeping pill in years. Of course everybody has their own sleep requirement. But is it really such a big deal if you lose sleep sometimes. The point I am making here is that the general public is better off if they become less dependent on drugs, and not more dependent. It is clear that today within the United States there has developed a greater dependence on drugs.
Again, should the FDA have allowed the use of these sleeping pills without proper scrutiny? It appears as if once again the FDA allowed the general public in the United States to be one giant clinical study. The more data points, the more accurate the results. It now appears as if the FDA to a certain degree is being controlled by major drug companies. The Vioxx case was a “wake-up call” and indicates that the FDA is not the completely independent unbiased agency that it used to be.
In any case, the consumer must be very careful about the drugs they consume. First, you must ask the question, do you really need this drug? Second, read the warnings and side effects carefully and discuss thoroughly with your doctor the risks associated with the drug. Remember, even though the FDA approves a drug, all drugs have some risk associated with them.
As a final note, Merck & Company, announced more than 44,000 people have signed up for a piece of a $4.85 billion settlement over the withdrawn painkiller Vioxx. So it appears as if the Vioxx story is coming to an end and at least some justice will be served.
Vioxx - Conclusion
We have provided the current status of Vioxx. Below you will find some news, additional articles, and videos, about Vioxx litigation. Here on this page you will also find some links to alternatives to Vioxx for anyone trying to reduce the pain associated with arthritis. For most people, viable alternatives is much more important then pursuing Vioxx litigation. But for many, litigation is important and therefore below you will also find a list of attorneys who specialize in Vioxx type litigation. So if you, a loved one, or friend has had a cardiovascular event and you believe it is associated with Vioxx, then litigation is something you should consider. You should find out from an attorney if you are eligible for enrollment in the Vioxx settlement deal.
Vioxx - Videos
The following is a list of lawyers who specialize in Vioxx litigation.
This list is provided by the National Association of Personal Injury Lawyers
Vioxx - Personal Injury Lawyers by State
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LexisNexis® Mealey's™ Arthritis Drugs Legal News
Copyright 2010
Headline Arthritis Drugs Legal News from LexisNexis®
Judge Allows Claims For Negligence, Failure To Warn Against Abbott Over Humira
SAN FRANCISCO - A California federal judge on June 14 refused to dismiss negligence and failure-to-warn claims brought by parents of a boy who contracted fatal hepatosplenic T-Cell lymphoma after being given three drugs, including Abbott Laboratories' Humira, to treat inflammatory bowel disease (Stephen Wendell, et al. v. Johnson & Johnson, et al., No. 09-04124, N.D. Calif.; 2010 U.S. Dist. LEXIS 68874; See January, 2010, Page 4).
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Vioxx MDL Judge: Merck Does Not Owe Louisiana Reimbursement
NEW ORLEANS - Merck & Co. does not owe the State of Louisiana a refund over Medicaid payments for Vioxx because the state failed to show that it would or could have restricted reimbursements had the company provided stronger warnings of cardiovascular risk, the Vioxx multidistrict litigation judge ruled June 29 (In Re: VIOXX Products Liability Litigation, MDL 1657, State of Louisiana, ex rel. James D. Caldwell Jr. v Merck & Co. Inc., No. 05-3700, E.D. La.; 2010 U.S. Dist. LEXIS 64388; See May 2010, Page 6).
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Federal Judge Dismisses Consumer Class Suit Over Pfizer Drugs
PHILADELPHIA - A federal judge in Pennsylvania on July 20 dismissed a putative consumer class action that alleged fraudulent marketing of 12 Pfizer Inc. drugs, saying the plaintiffs failed to demonstrate an injury or reliance upon the allegedly fraudulent marketing (Kathleen Zafarana, et al. v. Pfizer Inc., et al., No. 09-cv-4026, E.D. Pa.; See June 2010, Page 8).
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Federal Judge Rules Pfizer's Repeated Violations Of Law Show Demand Futility
NEW YORK - Pfizer Inc.'s continued violations of federal law after paying fines and entering guilty pleas stemming from previous violations as well as the personal liability faced by its directors and executives demonstrate demand futility, a New York federal judge ruled July 14; the company had moved to dismiss shareholder derivative claims stemming from a $2.3 billion settlement the company entered into in 2009, saying the plaintiffs failed to make a demand on the board as required by securities laws (In re Pfizer Inc. Shareholder Derivative Litigation, No. 09-cv-7822, S.D. N.Y.; 2010 U.S. Dist. LEXIS 69593; See March 2010, Page 11).
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Wrongful Death Plaintiffs Say Defendants' Citation Supports Their Remand Motion
RICHMOND, Va. - Parents of a 17-year-old girl who died of cardiac arrest after several infusions with Johnson & Johnson's Remicade say in a June 24 appeal brief before the Fourth Circuit U.S. Court of Appeals that the case on which the defendants relied to defeat remand, although "somewhat distinguishable," nevertheless supports the plaintiffs' motion to remand (James Mack, et al. v. AmerisourceBergen Drug Corporation, et al., No. 10-1019, 4th Cir.; See June 2010, Page 4).
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Merck Moves To Dismiss Purchase Price Class In Federal Vioxx Litigation
NEW ORLEANS - Saying that the plaintiffs fail to allege any plausible claims, plead their fraud-based claims with the requisite particularity or allege a cognizable injury, Merck & Co. Inc. on June 30 asked the Vioxx multidistrict litigation judge to dismiss a putative master class for purchase price claims (In Re: VIOXX Products Liability Litigation, MDL 1657, 2:05-md-01657, E.D. La.; See March 2009, Page 7).
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5th Circuit: Holdouts Lack Standing To Object To Vioxx Settlement
NEW ORLEANS - Former Vioxx users who did not opt in to the Master Settlement Agreement (MSA) with Merck & Co. have no standing to object to the terms of the settlement, and discovery orders whereby their cases were dismissed in the multidistrict litigation were not an abuse of discretion, the Fifth Circuit U.S. Court of Appeals said in a July 16 per curiam opinion (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La., Glenn L. Dier, et al. v. Merck & Co. Inc., No. 09-30446, 5th Cir.; See April 2010, Page 10).
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Attorney Blasts MDL Judge, Seeks Remand Of Cases
NEW ORLEANS - An attorney representing former Vioxx users who did not opt in to the master settlement agreement (MSA) with Merck & Co. blasted the multidistrict litigation judge, who also administers the settlement, saying in a July 8 motion for suggestion of remand that the judge's commitment to the settlement's success trumps the rights of his clients to pursue their claims at trial (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.).
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Common Benefit Fee Denial In Bextra, Celebrex MDL Is Upheld In 9th Circuit
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 25 affirmed the Bextra and Celebrex multidistrict litigation judge's denial of common benefit funds to Louisiana attorney Daniel E. Becnel Jr. (In Re: Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, No. M 05-1699; N.D. Calif.; Plaintiffs' Steering Committee v. Daniel E. Becnel Jr., et al., No. 09-16928 9th Cir.; 2010 U.S. App. LEXIS 13129; See July 2009, Page 6).
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Doctor Gets 6 Months For Falsifying Data For Celebrex Pain Study
BOSTON - A former member of Pfizer Inc.'s speakers' bureau who pleaded guilty earlier this year to falsifying data in support of a published study on Pfizer's Celebrex was sentenced to six months in prison on June 25 in Massachusetts federal court (United States of America v. Scott Reuben, No. 10-30002, D. Mass.; See February 2010, Page 5).
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Crohn's Disease, Not Remicade, Caused Girl's Death, Defendants Say
RICHMOND, Va. - A 17-year-old's death from cardiac arrest after several infusions with Johnson & Johnson's Remicade was more likely the result of an electrolyte imbalance due to her severe underlying Crohn's disease and was not caused by the biologic product, defendants say in a June 10 federal appeal brief (James Mack, et al. v. AmerisourceBergen Drug Corporation, et al., No. 10-1019, 4th Cir.; See May 2010, Page 11).
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Merck Points To Rehabilitation Of Claim For Dismissal Of Suit
NEW ORLEANS - Saying that unsuccessful claimants against the Vioxx Master Settlement Agreement (MSA) have since rehabilitated a claim valued at $419,000, Merck & Co. Inc. filed a supplemental brief on June 9 opposing the claimants' desire to press their claims in court (In Re: VIOXX Products Liability Litigation, MDL 1657, Kathleen Ackerman, et al. v. Merck & Co. Inc., No. 2:06-cv-02198, E.D. La.; See May 2010, Page 9).
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Vioxx Law Firms Reject $156,000 Bill From Warnings Expert Firm
NEW ORLEANS - Two Vioxx plaintiff law firms have rebuffed a consulting firm's demand for $156,000 for work delving into Merck & Co.'s warnings about its painkiller Vioxx, saying in a June 15 brief that they never authorized the research (In Re: VIOXX Products Liability Litigation, MDL 1657, Goldhaber Research Associates v. Tommy Jacks, et al., No. 2:07-cv-2062, E.D. La.).
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Attorney Representing Vioxx Settlement Opt Outs Expands Her Responsibilities
NEW ORLEANS - An attorney appointed to represent plaintiffs who rejected the national Vioxx settlement with Merck and Co. Inc. was handed additional responsibilities by the Vioxx multidistrict litigation judge on June 14 to include representation of plaintiffs who were ineligible to participate in the settlement (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.).
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Vioxx MDL Judge Grants Fee Objectors Discovery Into Billing
NEW ORLEANS - The federal judge supervising Vioxx multidistrict litigation on June 14 ordered Plaintiff's Liaison Counsel to turn over the records of hours submitted by common benefit counsel in connection with its application for $388 million in common benefit fees in the litigation (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.; See May 2010, Page 5).
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Plaintiff Says Pfizer Asserts Preemption Without Using Word
PHILADELPHIA - In a motion to dismiss consumer claims over several of its drugs, Pfizer asserts that the "the right to enforce the [Food, Drug and Cosmetic Act] . . . belongs exclusively to the federal government" while avoiding the discredited word "preemption," the plaintiffs say in a May 24 brief opposing dismissal (Kathleen Zafarana, et al. v. Pfizer Inc., et al., No. 09-cv-4026, E.D. Pa.; See April 2010, Page 12).
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Woman Seeks Shareholder Class Over 4 Pfizer Drugs
NEW YORK - Putative class representatives have filed a shareholder suit against Pfizer Inc., saying in a May 25 amended complaint that the company inflated the share price of its stock by concealing evidence that it was marketing four of its drugs for indications and at doses the Food and Drug Administration had not approved (Mary K. Jones, et al. v. Pfizer Inc., et al., No. 10-cv-3864, S.D. N.Y.).
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4 Blue Cross Insurers Sue Pfizer For Costs Of Off-Label Drugs
MARSHALL, Texas - Four Blue Cross Blue Shield companies on June 4 sued Pfizer Inc. and four executives in a Texas federal court for causing them to pay for unneeded or useless prescriptions of Bextra, Geodon and Lyrica through off-label marketing (Health Care Service Corporation, et al. v. Mark Brown, et al., No. 10-189, E.D. Texas, Marshall Div.).
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Genentech Whistle-Blower Can Use Government Discovery To Amend Rituxan Complaint
PHILADELPHIA - Saying he is not inclined to rewrite the federal False Claims Act, a Pennsylvania federal judge on June 2 allowed a qui tam relator to amend his Rituxan off-label marketing complaint against Genentech Inc. using evidence gathered during the federal government's abandoned investigation into his whistle-blower claim (United States of America, ex rel. John Underwood v. Genentech, Inc., et al., No. 03-3983, E.D. Pa.).
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Budeprion Fraud Claims Not Preempted By Law, FDA, Pa. Federal Judge Says
PHILADELPHIA - The Pennsylvania federal judge overseeing the budeprion XL multidistrict litigation on May 26 denied a defense motion to dismiss a national class action, finding that state law claims involving generic drugs are not preempted by federal law or by Food and Drug Administration findings of bioequivalence (In Re: Budeprion XL Marketing & Sales Litigation, MDL Docket No. 2107, No. 09-md-2107, E.D. Pa.).
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U.S. Supreme Court Seeks Solicitor General's Brief On Generic Drug Preemption
WASHINGTON, D.C. - The U.S. Supreme Court on May 24 asked the U.S. solicitor general to file a brief expressing the views of the executive branch on whether state law failure-to-warn claims involving generic drugs are preempted by federal law (Actavis Elizabeth, LLC v. Gladys Mensing, Nos. 09-993 and 09-1039, U.S. Sup.).
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U.S. Supreme Court Won't Review Revival Of Pfizer Investor Suit
WASHINGTON, D.C. - The U.S. Supreme Court on May 3 denied review of an appeals court ruling that revived a shareholder derivative suit involving Pfizer Inc.'s Celebrex pain drug (Pharmacia Corporation, et al. v. Alaska Electrical Pension Fund, et al., No. 08-1315, U.S. Sup.; See February 2009, Page 14).
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Securities Plaintiffs Say Pfizer's Expert's Views Are Outside The Mainstream
NEW YORK - A Pfizer expert who will be allowed to testify in shareholder litigation stemming from the company's marketing of COX-2 selective painkillers Celebrex and Bextra will present views "so outside the mainstream" as to run counter to regulatory bodies in the United States, Canada and Europe, plaintiffs say in a brief unsealed May 5 in the U.S. District Court for the Southern District of New York (In re Pfizer Inc. Securities Litigation, MDL No. 1688, No. 04-9866, S.D. N.Y.).
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Merck: Discovery Into Settlement Language Is 'Utterly Inappropriate'
NEW ORLEANS - Merck & Co. Inc. opposes discovery into its negotiations with plaintiff counsel that resulted in the national Vioxx settlement, saying in a May 17 brief that the discovery sought has nothing to do with the validity of the Plaintiffs' Steering Committee's (PSC) application for $388 million in common benefit fees in the litigation (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.; See March 2009, Page 9).
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Vioxx Purchase Parties Present Opposing Versions Of Drug's Marketing History
NEW ORLEANS - The parties in a qui tam purchase price lawsuit Louisiana brought as a Medicaid payer for Vioxx filed proposed findings of fact and conclusions of law on April 28, setting out conflicting views of the properties of Vioxx and Merck & Co.'s behavior in developing and marketing the drug (In Re: VIOXX Products Liability Litigation, MDL 1657, State of Louisiana, ex rel. James D. Caldwell Jr. v Merck & Co. Inc., No. 05-3700, E.D. La.; See April 2010, Page 8).
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Merck Says Lack Of Proof Of Vioxx Usage Doomed Heart Attack Claim
NEW ORLEANS - Merck & Co. Inc. opposes allowing unsuccessful claimants against the Vioxx Master Settlement Agreement (MSA) to press their claims in court, saying in a May 17 brief that had the claimants provided proof of Vioxx use before the heart attack for which they assert the claim, their claim might have been successful (In Re: VIOXX Products Liability Litigation, MDL 1657, Kathleen Ackerman, et al. v. Merck & Co. Inc., No. 2:06-cv-02198, E.D. La.).
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Vioxx MDL Committee Opposes Attorney's Move To Expand Her Duties
NEW ORLEANS - The Plaintiffs Steering Committee (PSC) in the Vioxx multidistrict litigation on April 28 opposed the move by an attorney appointed to represent plaintiffs who rejected the national Merck and Co. Inc. settlement to expand her responsibilities to include plaintiffs who were ineligible to participate in the settlement (In Re: VIOXX Products Liability Litigation, MDL 1657, E.D. La.).
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Oklahoma Sues Merck Over Marketing Of Vioxx
NEW ORLEANS - The State of Oklahoma has sued Merck & Co. Inc. in the Vioxx multidistrict litigation court, claiming in a May 6 amended complaint that the company knew of the drug's cardiovascular risks as early as 1996 and asserting claims under the Racketeer Influenced and Corrupt Organizations Act and Medicaid fraud (In Re: VIOXX Products Liability Litigation, MDL 1657, State of Oklahoma, ex rel Oklahoma Healthcare Authority, No. 2:09-cv-7218, E.D. La.).
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Plaintiffs Say Dismissal, Remand Denial Were An Abuse Of Discretion
BALTIMORE - The parents of a 17-year-old who died of cardiac arrest after several infusions with Johnson & Johnson's Remicade say in a May 6 federal appeal brief that a Maryland federal judge ignored their evidence when he refused remand to Maryland state court and excluded their expert without a Daubert (Daubert v. Merrell Dow Pharmaceuticals, Inc. [509 U.S. 579, 590 (1993)]) hearing (James Mack, et al. v. AmerisourceBergen Drug Corporation, et al., No. 10-1019, 4th Cir., See December 2009, Page 8).
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Federal Judge Says Stipulated Dismissal Must Take Place In State Court
CORPUS CHRISTI, Texas - A Texas federal judge refused to grant a stipulation of dismissal of wrongful death claims involving Pfizer's painkiller Celebrex and instead sua sponte remanded the suit to state court, saying April 30 that diversity no longer exists because when the multidistrict litigation judge dismissed Pfizer from the case, the sole remaining defendant was a Texas resident (Betty Cruz, et al. v. Pfizer, Inc., et al., No. C-05-568, S.D. Texas, Corpus Christi Div.).
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FDA Warns Manufacturer Of Voltaren Gel About Safety, Effectiveness Claims
ROCKVILLE, Md. - The U.S. Food and Drug Administration has warned Novartis Consumer Health Inc. about a direct-to-consumer (DTC) "adherence" e-mail for Voltaren Gel, saying in an April 14 letter that the company impermissibly overstated the gel's effectiveness, understated its risks and broadened the indications for its use.
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