Chicago Injury Law Blog

The dangers associated with metal-on-metal hip implant devices have already prompted thousands of lawsuits in Illinois and across the country.   Now regulators are taking a closer look, ordering implant makers to further study the safety of their devices. 

The Food and Drug Administration is primarily concerned with metal particles that may be shed into a patient’s bloodstream, causing heart, nervous system, or thyroid gland problems.   The agency is seeking more scientific data on the frequency, timing, and severity of these adverse reactions.

Early failure rates and severe health problems led DePuy Orthopedics, a division of Johnson &Johnson, to recall nearly 100,000 of its metal-on-metal hip implants back in August. DePuy is one of more than 20 manufacturers ordered to comply with the FDA’s request.

It is rare for the agency to require additional studies after a product has already hit the market. But most hip implants were approved for sale before they were properly tested, resulting in serious consequences.   Although it may be too late for some patients who have already suffered the debilitating effects of a defective device, these studies may help to prevent future harm.

Long before regulators stepped in, Illinois medical malpractice attorneys at Pintas & Mullins have been investigating the adverse consequences that metal-on-metal hip implant patients have suffered. Our hip implant lawyers will continue to work tirelessly on behalf of those who have been injured by a defective device. 

The safety of certain medical devices, such as pacemakers and heart valves, is under serious scrutiny. These high-risk devices may lead to serious injury or death in patients, and government investigators found that lax review by the Food and Drug Administration is putting the public’s health even more at risk.

The Government Accountability Office recently faulted the FDA for approving the sale of several high-risk devices without conducting a close scientific review. Patients ultimately suffer the harm of this oversight because these devices are more likely to completely fail or malfunction.

The watchdog agency found that at least two dozen sensitive medical devices were allowed on the market without being properly tested, including metal hip joints, external defibrillators, and electrodes for pacemakers. 

The now-recalled artificial hip sold by Johnson & Johnson is one example of a failed safety device that jeopardized the health of tens of thousands of Americans. The FDA approved the A.S.R., or Articular Surface Replacement, for sale without conducting clinical trials. The faulty hip began shedding metal particles and disinigregating in patients, leaving some of them crippled.

Medical devices are intended to prolong a patient’s life, not further endanger it. Medical malpractice attorneys at Pintas & Mullins Law Firm continue to advocate on behalf of all patients harmed by these defective devices.

High-calorie, sugary soda drinks such as Coca-Cola and Pepsi may harm more than just your waistline. New research shows that soda may actually cause lung, liver, and thyroid cancers.

The problem, according to government studies, is a certain caramel coloring used in food and soda brands like Coke and Pepsi. These dark colas get their signature hue by mixing sugars with sulfites and ammonia. In a study by the National Toxicology Program, the chemicals produced by this reaction were found to be carcinogens that caused cancers in lab rats or mice.  The Center for Science in the Public Interest is calling on the Food and Drug Administration to ban the use of the chemicals in soda, or at least force manufacturers to put warning labels on their products.

One state has already taken steps to actively respond to the risk. Lawmakers in California are in the process of crafting regulations that may require food and drinks with significant levels of the chemicals to bear cancer warnings. 

The FDA is studying the issue and whether there is any risk to humans. Meanwhile, the soda industry denies that the caramel colorings known as Caramel III and IV are carcinogens that threaten human health. They argue that the doses used in animal tests are much higher than what consumers would be exposed to in the real world.

Although the risk may be relatively small, the health threat that these controversial “caramel colorings” pose is significant. Even if popular soda producers are found to be acting within the bounds of the law, their behavior is clearly irresponsible. These carcinogenic chemicals are used purely for cosmetic purposes and have no other benefit for consumers.

The best-selling truck in America appears to have a serious airbag defect. Ford Motor Company is recalling nearly 150,000 F-150 pickup trucks because its air bags could deploy without warning, causing the potentially lifesaving device to injure the very people it is intended to protect.

The recall involves trucks that were built at Ford’s now-closed Norfolk, Virginia factory between November 2004 and June 2005.   A mistake in the assembly of the trucks caused an airbag wire in the steering wheel to short circuit in at least 238 cases, resulting in nearly 80 injuries. 

In most instances the airbag went off seconds after the engine was started. However, in some cases, the vehicle was on a public roadway when the unexpected deployment occurred, causing at least one passenger to reportedly jump from the vehicle. Before the deployments, a warning light appeared notifying driver’s that the vehicle needed to be serviced.

Federal safety regulators are investigating Ford’s recall plans and recommend that the automaker extend the recall to include 1.3 million of the trucks from model years 2004 through 2006. Ford has already recalled more than 1 million vehicles this year.

The failures of yet another hip implant were recently exposed by a Colorado woman who claims that design defects prevented her Wright Profemur Z Total Hip System from properly attaching to her hip, resulting in intense pain and the need for additional revision surgery.

Janet Pommrehn filed a product liability suit against the makers of the hip replacement system after it was discovered that her Wright Conserve Plus Cup was loose inside her hip, barely connected by fibrous tissue.

Pommrehn is not alone in her struggles with the flawed hip implant. An alarming report by the Australian Joint Registry found that the device has an 11.2% failure rate after just three years. A design flaw allows the hip system to bend and break prematurely, causing the implant to break and often leading to permanent injuries.

The U.S. Food and Drug Administration has issued mandatory recalls for other hip implants that have lower failure rates, including the DePuy ASR hip system. And the agency’s own adverse reporting database reveals that there have been at least 10 failures of the Profemur Z hip system in the last five months. However, the dangerous and defective medical device continues to remain on the market.

A recent article by the New York Times reveals a flawed medical implant system that is under intense scrutiny after the recall of 93,000 DePuy A.S.R. hip replacement implants. Originally promoted as a breakthrough in design that would last patients at least 15 years, the device is failing worldwide at unusually high rates after just a few years. Some patients have had to undergo painful operations to replace the device with another artificial hip. Other suffered permanent disabilities to bones, muscles, and nerves because of tiny metallic particles shed by the faulty device.

The article points to a medical loophole that was exposed by the A.S.R. hip failures. Unlike new drugs, which undergo a series of clinical trials before gaining approval from federal officials, critical implants can be sold without such testing if they resemble another implant that is already approved and used on patients. This allows producers to bundle a component from an unapproved implant into an existing design and sell the device with minimal testing.

Only one version of the DePuy device was approved for sale in the United States, but it used parts of another unapproved device. Current rules do not require producers to notify federal officials when they bundle together approved and unapproved device components. And, until recently, doctors and regulators remained largely unaware of the problem because there is no independent monitoring system in this country that tracks implant failures.

The faulty DePuy device is just one of a number of Johnson & Johnson products that have been recalled for defects or manufacturing flaws. Although the FDA recently proposed rules that would require more rigorous testing for implanted devices, the industry is questioning the need for even broader changes.

After recent reports that a toddler was strangled to death in a pull cord, thousands of Roman shades, roll-up blinds and roller blinds are being recalled.

Hanover Direct Inc. agreed to the recall after a 22-month old boy from Cedar Falls, Iowa was found hanging by his neck from the outer pull cords of one of the company’s Roman shades. The death is the second child strangulation linked to the shades. In 2008, a 2-year-old boy in Delaware got tangled in the cords after climbing on a toy chest to look out the window.

These tragic product-related deaths are becoming far too common. Consumer Product Safety Commission estimates that nearly 250 infants and young children have died from accidentally strangling on window cords.

The recall affects about 495,000 roman shades and 28,500 blinds sold by Hanover Direct, which is also known as Hanover Domestications, between January 1996 and October 2009. It applies to all Roman shades with inner cords, all roll-up blinds, and all roller blinds that do not have a tension device.

If you have any of these products in your home, even those purchased from a different manufacturer, the CPSC recommends that you immediately stop using them to avoid potential risks

Steering problems led Nissan to recall more than half a million vehicles in North and South America last week.

The Japanese automaker is recalling 303,000 Frontier pickup trucks and 283,000 Xterra sport utility vehicles built between 2001 and 2008. A corrosion problem with the lower steering column joint and shaft has been shown to limit steering movement, making the vehicles difficult to steer. In some cases the corrosion can cause the joint to crack. The potential for injury is serious, although no accidents have been reported yet.

Nissan also recalled 18,500 Sentra vehicles in the United States, Mexico, Canada, Argentina and Brazil because a problem with the battery cable could cause the engine to stall. The automaker said it will notify owners in early December when new parts are available, and dealers will fix the problem without charge.

Investigators claim that the U.S. Food and Drug Administration is not doing its job of properly monitoring the safety of medical devices, which may have contributed to hundreds of deaths in the case of at least one device.

The online edition of BMJ reported this week that the FDA “is lax in both its initial approval of devices and ongoing monitoring of related problems.” This lack of oversight causes the agency to miss problematic devices, such as the vagus nerve stimulator made by Cybertronics. The device, used to treat seizures in patients who don’t respond to drug treatments, shockingly remains on the market although it has been cited in more than 900 FDA-reported deaths.

The new findings suggest that the FDA is understaffed and underfunded in many areas, Follow-up studies that could be used to examine adverse reactions to a device are either not done, or “conducted so poorly as to be meaningless,” said an FDA spokeswoman. 

Experts suggest that the agency reevaluate its standards for approving new devices and revamp its surveillance system to identify patients that received faulty devices before they are seriously harmed.

Recently,the U.S. Consumer Product Safety Commission (CPSC) issued a recall of entertainment centers due to a fall hazard. About 24,000 units were recalled because the shelves of the entertainment centers can detach and fall when moved. The following modes were part of the recall:

·         Arts and Crafts

·         Vineyard Manor

·         Lake Cottage

·         Studio One

·         West Indies

·         Plantation Cove

The units are sold at Value City Furniture, Rooms Today and American Signature Furniture stores.  So far, the CPSC has received four reports of the shelf collapsing, with two reports of serious injuries. Consumers with the recalled product should contact American Signature Inc. for a free repair kit. Click here to read the CPSC press release regarding the recall.

Wal-Mart recently pulled their entire line of Miley Cyrus-brand jewelry because the pieces contain high levels of the toxic metal cadmium. This brand of jewelry is sold exclusively at Wal-Mart. Young children may put the jewelry in their mouths, which can lead to serious health problems.

Cadmium is a known carcinogen and long-term exposure can lead to bone-softening and kidney failure. Studies have shown that it can cause problems with brain development with young children.

Testing from samples collected by AP reporters revealed that almost all of the samples contained at 10 percent or higher of cadmium by weight. Wal-Mart initially received these test results in February but continued selling the jewelry until now.

Recently, the U.S. Food and Drug Administration announced an initiative to review safety issues concerning external infusion pumps.  External infusion pumps are used to deliver controlled amounts of fluids or medications to patients.  Devices like insulin pumps deliver controlled amounts of insulin to people with diabetes.

However, some of these devices have experienced failures and safety problems.  The FDA received more than 56,000 reports of adverse events from use of infusion pumps in the past five years. These adverse events included over 500 deaths as well as other serious injuries. Since 2005 FDA reports that 87 fusion pumps have been recalled due to safety concerns.

The most common types of safety defects with pumps include:

·         Software defects

·         User interface issues

·         Mechanical or electric failures

On November 21, 2008, Animas Corporation and the FDA issued a nationwide recall of the following pumps: IR1200 Insulin Pump, and the Animas IR1250 Insulin Pump.  These pumps were recalled because of a battery defect that resulted in a device malfunction where the pump would stop administering insulin.  If a patient does not get their advised dosage of insulin, it can result in health problems related to low blood sugar.

The US Consumer Product Safety Commission recently announced another crib recall due to safety issues from possible defects. This recall follows previous recalls for defective cribs including Stork Craft drop-side cribs, Dorel Asia drop-side cribs, and Generation 2 Worldwide cribs.  The Commission stated Simplicity Cribs are unsafe because metal supports on the cribs can detach or bend, leading the mattress support to collapse.  The cribs pose a serious risk of injury or death due to possibility of entrapment, strangulation, suffocation or fall hazards for children.

The Safety Commission has received a report of death due to suffocation of a child who became trapped between the mattress and crib frame.  In addition, the Safety Commission has received 13 additional incidents of crib collapse and injuries from the defect.

All Simplicity Cribs with the metal mattress support frames have been recalled regardless of model number, including the following:

·         Aspen 4-in-1 (8755)

·         Chelsea Deluxe 4-in-1 Convertible Sleep System (8324)

·         Graco 4-in-1 Ultra Sleep System (4600)

·         Graco Aspen 3-in-1 (8740)

·         Simplicity Crib and Changer Combo (8994)

·         Simplicity Ellis Deluxe 4-in-1 Convertible Sleep System (8676)

·         Simplicity Nursery-in-a-Box Convertible Crib (8910)

Contact an Experienced Attorney

If your child has been injured from a defective crib, contact our law firm today. We will provide you with a free no-obligation consultation.

Yesterday, Toyota stated that it would temporarily stop selling the Lexus GX 460 SUV.  The move comes in the wake of a Consumer Report magazine article which issued a rare “Don’t Buy” warning for the vehicle.  Consumer Report stated that during unusual turns, the rear of the GX 460 SUV slid until it was nearly sideways before the car’s electronic stability control system started working.  This problem could lead to an SUV rollover accident in real driving conditions.  The last car that received such a warning was the 2001 Mitsubishi Montero Limited.  Unless the problem with the car is fixed, the SUV will continue to have a “Don’t Buy: Safety Risk” label.  Toyota has said, “Please keep in mind that the 2010 GX 460 meets or exceeds all federal government testing requirements.  We take the Consumer Reports’ test results seriously.”

According to a recent article in the journal HeartRhythm, Boston Scientific Corp’s Cognis and Teligen brand defibrillators have a dangerous design flaw. Defibrillators are portable electronic devices that automatically diagnose possibly life-threatening irregular heart rhythms in a patient, and help the heart re-establish effective rhythm with the application of electrical therapy.  The defect in the Cognis and Teligen defibrillators by Boston Scientific may cause the devices to deliver unnecessary and life-threatening shocks to patients, and may affect the 90,000 patients who have the devices.

In December 2009, Boston Scientific reported the cases of two patients where the defibrillator that connects the device to the heart became loose. In January 2010, Boston Scientific stated the problem was fixed, and that the defect was limited to patients with defibrillators implanted under their chest muscles. However, HeartRhythm reported that Boston Scientific received at least three reports of problems from the defect in patients who had the device implanted above their chest muscles.

On August 28, 2009, a 911 call in San Diego finally forced Toyota to step up their inquiries into defects in thousands of recently manufactured cars.  The call came from a driver of a Lexus sedan, manufactured by Toyota, who complained that the vehicle accelerated without prompting and was about to crash. Allfour people in the vehicle died in the crash.

Before the tragic accident, Toyota received over 2,000 complaints of unintended acceleration.  However, it was not until last week that Toyota finally expanded a series of previous recalls to cover millions of vehicles around the world that may have manufacturing defects.  The company also stopped production and sales of eight models, including its popular Camry sedan. Toyota believes that the problems with its cars are from both loose floor mats that can interfere with accelerator pedals and a pedal that sticks when a driver steps on it.

Until recently, Toyota was still claiming that loose floor mats were the only cause of sudden acceleration, and advised owners to simply remove the floor mats. On November 2, 2009, Toyota reported that “there is no evidence” of any other conclusion and stated that its findings were backed by the federal traffic safety agency.  However, the federal agency had not endorsed this explanation, saying Toyota’s statements were “misleading and inaccurate.” Congressional hearings will be held to deal with how Toyota handled the vehicle defect problem.

Contact an Experienced Attorney

If you or someone you know has suffered injuries as a result of defects in recently recalled Toyota vehicles, contact the Pintas firm immediately.  Our experienced personal injury attorneys will provide you with a free consultation and an explanation of your legal rights.  

Recently, Newell Rubbermaid Inc. voluntarily recalled 1.5 million strollers after they received numerous reports of children’s fingertips being caught in their hinges. The U.S. Product Safety Commission has reported that in some instances, this has led to serious cuts and amputations.

The recall includes Graco Passage, Alano, Spree and Travel Systems strollers. The strollers were sold at retailers like Wal-Mart, Target, and Toys R’ Us from the period of October 2004 to December 2009. Consumers should stop using the recalled immediately and contact the companies to get a free repair kit.

The National Highway Traffic Safety Administration reported that the Chrysler Group LLC was recalling over 24,000 vehicles due to defects that could result in brake failure.  The problem was discovered during routine quality inspections that revealed some vehicles were built with the brake defects. These defects could result in the driver being unable to exert enough force to stop the vehicle. Notification to owners of affected vehicles will be sent this month. The models included in the recall are:

2009 Dodge Ram Pickup

2010 Dodge Ram Pickup

2010 Chrysler Sebring

2010 Dodge Avenger

2010 Dodge Nitro

2010 Jeep Commander

2010 Jeep Grand Cherokee

2010 Jeep Liberty

It was recently reported that Chinese manufacturers have been using the dangerous heavy metal, cadmium, in charm bracelets and shiny pendants sold widely in the US.  This trend comes as a result of a ban on using lead in children’s jewelry due to its toxic nature.  Testing of certain pieces of jewelry has revealed up to 91% of cadmium by weight.

Exposure to cadmium by sucking or biting jewelry with a high content of the metal gives rise to serious health problems.  Cadmium is known to cause cancer, and it can lead to problems in brain development in young children.  The metal currently ranks number seven on the US Center for Disease Control and Prevention’s list of most hazardous substances in the environment. The US has stringent laws for cadmium levels in toys, but not for jewelry.

The US Consumer Product Safety Commission stated that they are opening an investigation into the matter.  Some of the items that have been reported to have high cadmium content can be found at Wal-Mart and Claire’s. Also some “The Princess and The Frog” movie-themed pieces were reported to contain cadmium.

Contact an Experienced Attorney

If your child or someone you know has suffered injuries from cadmium exposure with these pieces of jewelry, please contact the Pintas Law Firm immediately. Our experienced personal injury attorneys will be able to evaluate your claim. Our Chicago law firm can provide you with a free consultation and an explanation of your legal rights. 

On November 23, 2009, the Consumer Product Safety Commission recalled 2.1 million Stork Craft drop-side cribs. The recall occurred due to the growing concern about a defect in the crib’s drop-slide feature, which allows the crib’s gate to slide up and down. This defect can lead to the plastic hardware of the drop-side breaking, which may cause one of the corners of the crib to detach. Due to this problem, infants may become stuck in the space between the side of the crib and the mattress.

More than 1.2 million of these cribs have been sold in the U.S over the past sixteen years. So far, the safety commission has reported 110 incidents relating to this defect, with at least four infants dying from being stuck in the gates of the crib. CBS Evening News reported recently that over the past decade, this crib has been blamed for dozens of infant deaths. Some safety advocates have urged federal regulators to create tougher standards for manufacturers of the drop-side crib. Some others have called for a complete ban of the cribs. 

It is recommended that parents stop using the recalled cribs immediately. They should not attempt to repair the cribs without using a special repair kit from the manufacturer. The New York Times has further information on how to obtain this repair kit.

Contact our Personal Injury Attorneys

If your child or a child of someone you know has suffered injuries as a result of a defect in a drop-side crib, contact the attorneys at the Pintas Law Firm immediately. We will provide you with a free no-obligation consultation and explain your legal rights.

A recent report from the Wall Street Journal stated that the FDA is seeking to change labels on pain pumps that deliver pain medication to patients after surgery. Pain pumps are small plastic tubes that deliver and regulate pain medication, usually for a couple of days. The proposed label changes come in the wake of many reports of irreversible cartilage damage from patients who had the medication delivered to their joints, primarily after shoulder surgery. Doctors say that after a procedure like shoulder surgery, the pain pumps can provide too much medication to the tissue, resulting in severe and permanent damage.

From 2006 to 2008, the FDA states that it has received 35 reports of severe cartilage damage from these pumps. Manufacturers of the pumps include I-Flow Corp., Stryker Corp, and Moog Inc., and the FDA has given them 30 days to update the warning labels to account for potential cartilage damage. The pain pumps in question have been approved by the FDA for use after abdominal and certain other surgeries, but not after joint procedures like shoulder surgery.

Hundreds of cases have already been filed against these companies due to the severe cartilage damage many patients have experienced. If you or a loved one has used a pain pump and sustained cartilage damage, contact the personal injury attorneys at the Pintas Law firm immediately. We can provide you with a free no-obligation consultation and explain your legal rights to you.

Volvo recently announced that it was recalling over 9,000 of its 2010 XC60s, because of potential seat belt defects. Last month, the Insurance Institute of Highway Safety conducted a side-impact test to determine which cars would be included in its “Top Safety Pick” awards. Unexpectedly, during the crash test, the driver’s seat belt in the Volvo XC60 came undone. A Volvo spokesman reported the seat belt problem had not occurred during their safety tests. However, it was determined that the seat belt failure during the Insurance Institute test was caused by a manufacturer. Notification of this potential defect was sent to dealers as well as the National Highway Traffic Safety Administration last Friday. Owners of the 2010 Volvo XC60 will be notified of the defect within the next few weeks.

Contact an Experienced Personal Injury Attorney

If you or someone you know has been injured as a result of a malfunctioning seatbelt, contact the Pintas Law Firm today. Our experienced personal injury lawyers can provide you with a free no-obligation consultation and explain your legal rights.

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.