Chicago Injury Law Blog

"FDA issued a Preliminary Public Health Notification to inform healthcare professionals of a recent increase in reported cases of Acanthamoeba keratitis in soft contact lens wearers. The infections are potentially related to the use of Complete MoisturePlus Multipurpose Contact Lens Solution."

Read the FDA's full release here.

The five leading manufacturers of plastic baby bottles and the retailers who sell the bottles were hit with a class action lawsuit March 12 based on allegations that a chemical used as part of the manufacturing process poses dangerous health risks to infant children.  The complaint alleges that unsafe levels of a chemical called Bisphenol-A, or BPA, are found in the plastic products of baby bottles, 'sippy' cups, and other plastic children's items.  The effects of BPA are most pronounced on an unborn fetus.  The complaint provides more information about this interesting case.

"An eastern Iowa man whose wife died in a fire he said was caused by a Ford pickup truck has settled a lawsuit with the auto manufacturer.

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.

"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."

A lawsuit recently filed a California Superior Court claims that McDonald's failed to proper warn of glutin in their french fries, causing an autistic boy to suffer aggravated symptoms and digestive problems.  This is the another in a total of 9 federal lawsuits filed against the fast food icon for injuries caused by wheat and dairy in the french fries. 
All the federal cases have recently been consolidated into an MDL.  It will be interesting to see how these case pan out, and if McDonald's was really aware of the harm that the undisclosed wheat and dairy could cause to its patrons.

"Public Citizen today called for a criminal investigation into Mentor Corporation’s apparent failure to send the Food and Drug Administration (FDA) data showing safety problems with their silicone gel implants. The consumer advocacy organization also called on the FDA to wait until it has reviewed all available safety data before deciding whether to approve the implants.

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.

A California Court of Appeals upheld the $82 million dollar jury verdict awarded to a women paralyzed when the roof of her Ford Explorer collapsed during a rollover.  Evidence presented to the jury indicated that Ford new the Explorer was prone to rollovers, but decided not to take measures to protect passengers because it would cut into profits.  The ruling upheld a $55 million punitive damage award, citing Ford's "reckless disregard for the safety of others" in its design of the Explorer.

"Federal disease control experts and leading eye doctors have formally concluded that Bausch & Lomb's ReNu with MoistureLoc was the only contact lens solution contributing to an outbreak of potentially blinding fungal eye infections earlier this year. But the researchers' report, to be published Wednesday in the Journal of the American Medical Association, says it remains unclear how the product caused the problems. And an accompanying commentary by two academic researchers, meanwhile, argues that further study is needed to gauge the safety profile of all the various brands of 'multipurpose' lens-care solutions on the market that, like MoistureLoc, are used for cleaning, storing and moistening soft contact lenses."

Read the full article in the NY Times.

"After a detailed study of the most widespread industrial contaminant in U.S. drinking water, the National Research Council will report today that evidence is growing stronger that the chemical causes cancer and other human health problems.

The 379-page report clears a path for federal regulators to formally raise the risk assessment of trichloroethylene, known as TCE, a step that has been tied up by infighting between scientists at the Environmental Protection Agency and the Defense Department."

Read the full article in the LA Times 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.

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.

"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.

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 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.

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.

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.