Chicago Injury Law Blog

The recalled children's necklaces have metal pendants shaped as monkeys, dolphins, and frogs holding colored marbles; a fleur de lis painted in various colors; a silver and black fairy; silver-colored letters "BFF" with rhinestones; and tiny handcuffs painted in various colors. The pendants hang from silver-colored chains. "Claire's" or "Claire's best friends forever" is printed on the packaging.

Approximately 58,000 of these necklaces were sold at Claire's retail stores nationwide from December 2005 through December 2006 for between $5 and $11."

Earl Mohlis, 78, said Monday he still cries over the loss of his wife, Darletta Mohlis, 74, who died May 2, 2005, after a fire spread from their attached garage into their Westgate home.

Mohlis and his three grown children, Jeff Mohlis, Carolyn Howe and Kathy Brady, filed the lawsuit on Oct. 20, 2005. They claimed a cruise control deactivation switch in a 1996 Ford F-150 pickup started the fire.

Four months before the fire, in January 2005, Ford recalled nearly 800,000 vehicles because of a cruise control switch problem. It wasn't until four months after the Mohlis fire, in September 2005, that the company expanded the recall to include 3.8 million pickups and sport utility vehicles from the 1994-2002 model years."

Read the full article in The Insurance Journal.

These heating pads were sold nationwide to Walgreens as well as to drug stores, discount stores and department stores.

The recall involves Maytag® and Jenn-Air® under counter or portable plastic tub dishwashers. The dishwashers have black, white, almond, bisque and stainless steel front panels. The following model and serial numbers are printed on a label located on the dishwasher’s plastic frame on top of or to the left of the door opening. Consumers should contact Maytag to determine if their dishwasher is included in this recall."

"A consumer research group called for warning labels on toys with magnets after more than 4 million Mattel play sets were recalled over injuries to several children who swallowed magnets that fell off.

The Consumer Product Safety Commission, which announced the recall of magnetic Polly Pocket sets as the holiday gift-buying season begins, urged shoppers to avoid buying toy sets with small magnets for children under six. The recall doesn't include Polly Pocket play sets now on store shelves.

The commission received 170 reports of the small magnets falling from Polly Pocket dolls and accessories. Three children swallowed more than one magnet and suffered intestinal perforation that required surgery. If more than one magnet is swallowed, they can attach to each other and cause intestinal perforation, infection or blockage, which can be fatal."

There were no immediate reports of injuries or illness. The recall affects bottles containing various amounts of 500-milligram caplets made by the Perrigo Co.

The contaminated pills included metal fragments ranging in size from “microdots” to portions of wire one-third of an inch long, the Food and Drug Administration said. Perrigo discovered the metal bits during quality-control checks after realizing the equipment it uses to make pills was wearing down prematurely, the FDA said."

Read more at MSNBC.com

"WASHINGTON (Reuters) - Complaints of engine compartment fires in Ford Escape sport utility vehicles has prompted an investigation by U.S. safety regulators, the government said on Friday.

The U.S. National Highway Traffic Safety Administration preliminary review covers more than 600,000 vehicles from the 2001-03 model years and includes the Mazda Tribute, which has some similar design features. No complaints were received about the Mazda vehicle.

The agency said it received eight complaints of fires in Escape SUVs that started in the engine compartment at or near a device that monitors the vehicle's anti-lock brakes."

On June 22, a former scientist from Mentor – one of the two companies seeking FDA approval of silicone gel breast implants – sent a letter to the FDA accusing the company of withholding from the FDA a variety of important new safety information. Prior to sending the letter, the scientist had raised all of the serious concerns documented in the letter within the company, urging Mentor to submit the data, but it refused and fired the scientist."

Read the full press release at Public Citizen.

• Latitude™ D410, D500, D505, D510, D520, D600, D610, D620, D800, D810;
• Inspiron™ 6000, 8500, 8600, 9100, 9200, 9300, 500m, 510m, 600m, 6400, E1505, 700m, 710m, 9400, E1705;
• Dell Precision™ M20, M60, M70 and M90 mobile workstations; and
• XPS,™ XPS Gen2, XPS M170 and XPS M1710

"Novartis Consumer Health and FDA notified patients, pharmacists and other healthcare professionals that the sponsor is conducting a nationwide voluntary recall of all Triaminic Vapor Patch products due to reports of serious adverse events associated with accidental ingestion by children. Triaminic Vapor Patch is labeled as a cough suppressant for children two (2) years of age and older and is sold over the counter at pharmacies and retail outlets nationwide."

Read the FDA's full statement here.

Toyota recently annnounced the voluntary recall of nearly all of its fuel-hybrid Prius automobiles due to a defect in the steering mechanism. Toyota also stated that there were no injuries as a result of the defect. Only 170,000 of the recalled vehicles were sold in the U.S.

Read more here.

The FDA recently reported levels of the known carniogen Benzene in everyday soft drinks. It appears that the Benzene is appearing in drinks which ingredients include benzoate salts, a preservative, and ascorbic acid (vitamin C). Under certain conditions involving storage and handling, Benzene inside the soft drink may be created.
The FDA reports that the levels do not present an immediate concern, however furhter studies are being conducted to determine the extent of the Benzene problem.

Read the FDA's statement here.

The first round of hearings in the recently consolidated Teflon products liability lawsuit were heard in the U.S. District Court for the Southern District of Iowa. The suits allege that Teflon maker DuPont failed to warn of a known carcinogen used to make Teflon called perfluorooctanoic acid, or PFOA. In 2004, DuPont paid $16.5 million to the government to settle allegations that the company hid information regarding the chemical's potential dangers.

Read more in the Des Moines register here.

A team from Bausch & Lomb met with officials from the FDA on Friday to address concerns about its 'MoistureLoc' line of contact lens solution. A breakout of a rare eye fungal infection is being linked to the brand. Bausch & Lomb shared results of their internal investigation into the outbreak with the FDA, and the FDA supported their decision to recall the product.
It will be interesting to see what litigation uncovers about the company's knowledge of the link, and their efforts (or lack thereof) to curb the problem.

"General Motors Corp. is recalling about 400,000 pickup trucks due to defective brake lights.

The affected vehicles are the Chevrolet Colorado and GMC Canyon from the 2004-2006 model years and the 2006 Isuzu i-280 and i-350.

GM said some vehicles may permanently lose brake-lamp function or have brake lamps that are always on. On vehicles with cruise control, that function also becomes inoperative."

Read the full article in Business Week here.

The FDA has received an increased number of reports of the fungal dermatitis of the eye, or Fusarium, among soft contact lens wearers. A high number of those with the infection reported having used a Bausch & Lomb ReNu brand contact lens solution in the month prior to the onset of the infection. Without proper treatment, this rare but serious infection may scar the cornea and blind users. Symptoms of Fusarium include blurry vision, increased sensitivity to light, pain or redness, and excessive discharge from the eye.
Although the company has not issued a recall of the solution, a number of stores, including Walgreens and Jewel-Osco, have pulled some or all of Bausch & Lomb contact lens solution products from their shelves.

Motley Rice, a powerhouse for plaintiff's rights and one of our co-counsel, recently added victims of lead paint poisioning to its list of victories. Last month, a Rhode Island state court jury found that peeling lead paint constitutes a public nuisance: an inherently dangerous condition that attracts young children to touch and possible ingest.
After nearly 20 years of dodging plaintiffs' verdicts, mostly thanks to the help of legislative protection from suit, lead paint manufacturers will finally be held responsible for the harm done to thousands of children across the U.S.
Motley Rice is now arguing before the New Jersey Supreme Court to allow similar public nuisance suits to be brought in New Jersey.

Read more at Law.com.

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), The Little Tikes Co., of Hudson, Ohio, is voluntarily recalling about 20,800 Glowin' Dino and Glowin' Doggy Animal Flashlights. The light green paint on the dinosaur-shaped flashlight and the brown paint on the dog-shaped flashlight could contain excess levels of lead. Lead is toxic if ingested by young children and can cause adverse health effects.

Read more here.

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Brass Eagle, of Bentonville, Ark. is recalling about 243,000 Blade Turbo™ Paintball Markers and Paintball Breakout Players Kits™. The carbon dioxide (CO2) cartridges can be forcibly ejected out the back of the paintball marker and break the plastic screw-on cap. This poses a serious risk of injury to the paintball markers operator who can be hit forcefully by the CO2 cartridges or the plastic screw-on cap. Overtightening the screw-on cap after the cartridges are pierced can result in a serious impact injury.

Read more here.

"The manufacturer of Zicam Cold Remedy has agreed to pay $12 million to settle 340 lawsuits brought by consumers who claim the popular over-the-counter zinc nasal gel damaged or destroyed their sense of smell. The Phoenix-based manufacturer, Matrixx Initatives, says the agreement announced Jan. 19 is not an admission of liability, but rather an effort to end most of the litigation over the homeopathic remedy. 'The company still stands by the product, but this made good business sense,' said Matrixx spokesman Robert J. Murphy. The agreement was announced jointly by the company and Arizona lawyer Charles S. Zimmerman [ATLA Member], on behalf of a consortium of lawyers representing plaintiffs around the country."

Read the full story in the Washington Post here.

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), King of Fans Inc., of Fort Lauderdale, Fla., is voluntarily recalling about 75,000 Maxi-Heat™ Dream Tower Heaters. The wires inside the oscillating heater can short circuit and spark, posing a fire hazard to consumers.

Read more here.

"Mead Johnson and FDA notified consumers and healthcare professionals of a recall of one lot, lot # BMJ19, of GENTLEASE powdered infant formula, found to contain metal particles up to 2.7 millimeter in size. If an infant were to inhale the infant formula into the lungs, the presence of these particles could present a serious risk to the infant's respiratory system and throat. There were approximately 41,464 24-ounce cans of this lot of recalled product distributed, beginning on December 16, 2005, through many major retail stores across the country, so the consumer should concentrate on the code on the can rather than on the place of purchase. The affected products can be identified by the lot number and expiration/use by date embossed on the bottom of the can of BMJ19, use by 1 Jul 07. Consumers who have a can of this batch of GENTLEASE powdered infant formula should not use the product and should contact Mead Johnson at 888-587-7275 immediately."

Read the FDA news release here.

The First Years, a subsidiary of RC2 Corporation, is voluntarily recalling liquid filled teethers due to possible bacterial contamination. The liquid inside the teethers may contain pseudomonas aeruginosa and pseudomonas putida which can cause serious illness in children if the teether is punctured and the liquid from the teether is ingested.

Consumers should stop using the recalled products immediately.

Products:

* Disney Days of Hunny Soft Cool Ring Teether--Style# Y1447
* Disney Soft Cool Ring Teether--Style# Y1470
* Disney Soft Cool Ring Teether--Style# Y1490
* The First Years® Cool Animal Teether/Fish, Zebra and Dinosaur designs--Style# Y1473
* The First Years® Floating Friends Teether-- Style# Y1474
* Sesame Beginnings™ Chill & Chew Teether-- Style# Y3095

Read the full FDA release here.

Gary Skinner of Graysville, Alabama was an avid fisherman with a love for music, says his wife Angela. But on July 28, 2005, Angela lost her 48-year-old husband in a rollover accident when his 1999 Ford Ranger blew a tire, causing Gary to lose control of the vehicle. As Gary's car rolled over, the roof crushed in on him, causing a fatal head injury.

Now public internal documents show that the auto industry knew as early as 1966 that their roof design was so weak that in rollover accidents it crushed occupants to death. Ford could have fixed this defect for as little as $43.13, says Public Citizen. Instead, they chose to hide this information and continue selling dangerous vehicles.

The FDA announced today that MBI Distributing, also known as Molecular Biologics, will cease production of all their products due to manufacturing deficiencies and other violations. MBI produces many over-the-counter (OTC) drugs including Oxydrops, Bright Eyes, Bright Eyes II, Clarity Vision for Life, Visitein, and Can-C, as well as several pain relieving drugs.
The deficiencies at MBI's plant resulted in possible unsterile eye-drops and labels with improper or insufficient warnings on OTC drugs.

Read the FDA's news release here.

Ford recently recalled 3.8 million trucks including Ford Expeditions, Broncos and Lincoln Navigators manufactured between 1994 and 2002. The defect is with a cruise control switch that may cause fires even when the truck is parked and the engine is off. Reports of fires have been coming in for months, and lawsuits have been filed.

The FDA recently mandated that all manufacturers of a class of anti-depressant drugs called Selective Seratonin Reuptake Inhibitors (SSRI's) to include warnings of suicide and suicide ideation on their labels. Well known SSRI's include Paxil, Prozac, Zoloft, Wellbutrin and Effexor.

Not only are these drugs linked to an increased suicide risk, but "off-label" use is widespread meaning that the drugs are prescribed to treat more than just depression. The result is millions of people are prescribed the drug and unnecessarily put at risk for increased suicide and suicide attempt.

The risks have been known for years, but once again we are seeing drug companies misleading the FDA and concealing studies indicating serious risks. The risk of suicide is especially high within 2-3 weeks after going on the anti-depressant or immediately after stopping the medication. Anyone currently on these medications should work very closely with their doctor to minimize side effects.

The FDA health advisory for suicidality in children is found here.
The FDA health advisory for suicidality in adults is found here.

The California Attorney General filed a lawsuit intending to force potato chip manufactures to warn consumers about potential carcinogens in their products.
When starchy foods are cooked at high heat, as with potato chips and french fries, a chemical called acrylamide is released. The FDA released a statement in March that acrylamide "can cause cancer in laboratory animals at high doses, although it is not clear whether it causes cancer in humans at the much lower levels found in food."
The lawsuit is brought under a Calfornia law which mandates that manufacturers that produce carcinogens in their products warn consumers.
Scientific studies are not complete, however there is enough to give rise for concern. Time will tell whether the law will apply here, but if so, it is another victory for consumers in the battle to be properly warned about product dangers.

A family from Vernon Hills, Illinois, recently settled a lawsuit brought as a result of the death of their six-year-old son crushed by a falling soccer goal. The tragedy occurred when the 400 pound soccer goal tipped over due to the goal being improperly anchored into the ground. The goal, without anchors, may tip over with a mere 22 pounds of pressure.
As a testament to the ability of lawsuits to protect consumers, the parents used the settlement to start Anchored for Safety. The group focuses on spreading awareness of this danger and seeks to protect the estimated 3.2 million children that play soccer across the U.S.

Perrigo and FDA notified healthcare professionals and consumers of the recall of all lots of concentrated infants' drops that are packaged with a dosing syringe bearing only a "1.6 mL" mark containing 1] acetaminophen,2]acetaminophen, dextromethorphan HBr, and pseudoephedrine HCl, or 3]dextromethorphan HBr, and pseudoephedrine HCl. The dosing syringe may be confusing in determining the proper dose for infants under 2 years of age as directed by a doctor and could lead to improper dosing, including overdosing. The following products are being recalled:

* Cherry Flavor Infant Pain Reliever 160 mg Acetaminophen (0.5oz. and
1.0oz)
* Grape Flavor Infant Pain Reliever 160 mg Acetaminophen (0.5oz. and
1.0oz)
* Cherry Flavor Cough and Cold Infant Drops (0.5oz)
* Cherry Flavor Decongestant and Cough Infant Drops (0.5oz)

Read the FDA's full recall here.

To give you some idea of the types of cases that the new gun laws will eliminate, consider the plight of Brandon Maxfield of Northern California. He was shot in the face by a Bryco Arms pistol, leaving him paralyzed from the neck down for life. A jury found that the safety feature on the handgun was defective. The safety required the user to put it on "Fire" in order to unload the gun. It is not a stretch to see how Brandon's babysitter shot him while trying to unload the gun to prevent a dangerous situation.
The original design allowed the safety to be on while unloading the gun, but the design was scrapped to deal with a jamming problem with the gun.
The same gun continues to be made by Bryco, now operating as Jimenez Arms.
Brandon did not receive a cent from the jury verdict. The owner of Bryco Arms, Bruce Jennings, declared bankruptcy, and spent 1.3 million in legal fees to claim bankruptcy and avoid paying the judgment and other creditors.
Mr. Jennings spent over $900,000 last year on a new house, car and aircraft.

Find more information about Brandon's case here.

Two lawfirms in Florida recently filed a class action lawsuit against DuPont alleging that a chemical in Teflon causes cancer and other health problems. The suspect chemical in Teflon is called perfluorooctanoic acid and its salts, known as PFOA, or C-8. The lawsuit asks the giant chemical company to provide medical monitoring to the millions potentially effected by PFOA, warnings placed on all Teflon products, and more scientific research regarding the health effects of PFOA.

The CPSC and Kawasaki Motors Corp. U.S.A., of Irvine, California, are recalling about 155,000 Kawasaki Model Year 2001-2005 Prairie and Brute Force All-Terrain Vehicles (ATVs). A significant impact to the front wheel of the ATV while the steering is fully turned to either side can result in suspension damage, wear and an eventual loss of steering control that could result in injury or death.

Honda recalled over 85,000 of their Odyssey Minivans today, citing problems with the frontal airbag systems. The circuitry of two external impact sensors were not properly encased, allowing for moisture to come in contact with the circuits. Any resulting short may cause a delayed deployment of the bags after impact, increasing the chance of serious injury in an accident.

Read full article here.

The FDA recalled Baxter Healthcare's Infusion Pumps in light of reports of shut down while delivering critical medication and fluids to patients.
The FDA's news release may be found here.

The FDA classified the 11 models of defibrillators recently recalled. The complete list can be found here.

The FDA recently recalled the following defibrillators manufactured by Guidant:

PRIZM 2 DR, Model 1861, manufactured on or before April 16, 2002
CONTAK RENEWAL, Model H135, manufactured on or before August 26, 2004
CONTAK RENEWAL 2, Model H155, manufactured on or before August 26, 2004

A man suffering from blindness caused by non-arteritic anterior ischemic optic neuropathy (NAION) sued Pfizer today claiming that Viagra use caused his condition.
Reports of many cases of this condition have sprung up among Viagra users across the country. The Reuters report states:

James Thompson filed the civil suit against Pfizer in the U.S. District Court for the Southern District of Texas on Tuesday and is seeking more than $75,000 for his vision loss.

He is also seeking class-action status because it has been estimated that 23 million people have taken Viagra, the trade name for the drug Sildenafil, since 1998.

Read full article here.

Today the FDA released notice of a nationwide recall of Children's Tylenol Meltaways 80mg dose, Children's Tylenol Softchews 80mg dose, and Jr. Tylenol Meltaways 160mg dose.
The recall is due to poor packaging and labeling that may lead to accidental overdose.
An overdose of Tylenol (acetaminophen) may cause permanent liver damage.