Milwaukee Personal Injury Lawyer - Defective & Dangerous Products

Zicam Products Recalled - May Damage Sense of Smell

Paul Jacquart — Wed, 17 Jun 2009 10:02:48 GMT

The U.S. Food and Drug Administration announced yesterday that it has recalled three Zicam over-the-counter cold remedy products because they may cause consumers to lose their sense of smell. The FDA news release provides that the following products have been recalled due to this danger:

--Zicam Cold Remedy Nasal Gel
--Zicam Cold Remedy Nasal Swabs
--Zicam Cold Remedy Swabs, Kids Size (a discontinued product)

According to the FDA, these products may cause a permanent loss of smell as early as the first usage. The FDA recommends immediately discontinuing use of these products and instructs consumers to contact their physicians if they have experienced smell loss symptoms. The news release provides the following contact information if you have used the product and have experienced a loss of smell:

Health care professionals and consumers are encouraged to report adverse events (side effects) that may be related to the use of these products to the FDA's MedWatch Adverse Event Reporting program online, by regular mail, fax or phone.
--Online
--Regular Mail: use FDA postage paid form 3500 and mail to MedWatch, 5600 Fishers Lane, Rockville, MD 20852-9787
--Fax: 800-FDA-0178
--Phone: 800-FDA-1088

Originally posted at InjuryBoard by Paul Jacquart

GM, Chrysler Bankruptcies Erase Injury Claims

Paul Jacquart — Mon, 15 Jun 2009 16:30:26 GMT

A CNN article today explains that individuals with injury claims against General Motors and Chrysler for defective products are likely to have their claims wiped away by the bankruptcies of those companies. An enormous fuss has been made by the media about the unfairness of the GM and Chrysler bankruptcies for corporate bondholders, shareholders, and other investors, but little attention has been paid to those with pending or future injury claims. Unlike investors who had the opportunity to assess the known risks of the investments they were making, people injured by defective products are truly the victims of circumstances beyond their control. It is unfair to let these companies walk away from their obligations to such claimants when tens of billions of U.S. taxpayer dollars have been handed to them.

Originally posted at InjuryBoard by Paul Jacquart

Biomet Settling Bone Stimulator Lawsuits

David Lowe — Thu, 14 May 2009 08:38:07 GMT

Biomet, Inc. has agreed to settle 24 bone stimulator lawsuits of patients who sued the medical device maker as part of their medical malpractice suits against osteopath John King, who practiced in West Virginia until 2003, according to Biomet’s filing with the U.S. Securities and Exchange Commission on Monday.

The lawsuits involved the Ionic Spine Spacer System and SpF and OsteoGen implants manufacured by Biomet’s EBI subsidiary, the SEC filing said. Biomet has set taken aside a $39 million after-tax charge to settle the suits.

Federal authorities are conducting their own investigation of allegations that Biomet has engaged in improper sales, promotion and billing of Biomet Inc. devices designed to promote bone growth following spinal surgery.

Originally posted at InjuryBoard by David Lowe

FDA: Hydroxycut Recall - May Cause Liver Damage, Other Injuries

Paul Jacquart — Fri, 01 May 2009 18:02:56 GMT

The U.S. Food and Drug Administration today issued a warning for consumers to stop using Hydroxycut products because they have been associated with liver damage, seizures, cardiovascular events, and other health problems. Hydroxycut dietary supplements are marketed as weight loss and fat-burning products. The link above contains a list of the recalled products. The recall notice further states that consumers of Hydroxycut products that have experienced jaundice (yellowing of the skin or whites of eyes) and brown urine, nausea, vomiting, light-colored stools, excessive fatigue, weakness, sotmach or abdominal pain, itching, and loss of appetite may have experienced liver or other injury and should consult with their physicians.

Consumers who have sustained liver damage or other serious injuries as a result of using Hydroxycut may have legal remedies under both product liability and consumer protection laws and should seek legal advice.

Originally posted at InjuryBoard by Paul Jacquart

Spring Has Arrived: Remember Riding Lawn Mower Safety

David Lowe — Wed, 29 Apr 2009 17:39:00 GMT

I just concluded settlement of a case in which a child had his legs run over by a riding lawn mower operated by a teenage neighbor. The substantial compensation will certainly help the child move ahead in life, but like most accidents this one was preventable and should never have occurred.

The power lawn mower is a dangerous machine. Each year there are thousands of lawn mower injuries requiring emergency room treatment.

Many of the victims are children hurt while operating the mowers, or because they inadvertently come into contact with mowers operated by others or are struck by items propelled by the mower blades while playing nearby.

Lawn mower accidents frequently involve serious injuries: amputations of arms, legs, feet, fingers or toes, caused by contact with cutting blades, as well as eye and other injuries caused by flying debris kicked up by the rotating blades as they move through the lawn.

The American Academy of Pediatrics offers the following lawn mower safety tips:

Try to use a mower with a control that stops the mower from moving forward if the handle is let go.
Children younger than 16 years should not be allowed to use ride-on mowers. Children younger than 12 years should not use walk-behind mowers.
Make sure that sturdy shoes (not sandals or sneakers) are worn while mowing.
Prevent injuries from flying objects, such as stones or toys, by picking up objects from the lawn before mowing begins. Use a collection bag for grass clippings or a plate that covers the opening where cut grass is released. Have anyone who uses a mower wear hearing and eye protection.
Make sure that children are indoors or at a safe distance well away from the area that you plan to mow.
Start and refuel mowers outdoors, not in a garage or shed. Mowers should be refueled with the motor turned off and cool.
Make sure that blade settings (to set the wheel height or dislodge debris) are done by an adult, with the mower off and the spark plug removed or disconnected.
Do not pull the mower backward or mow in reverse unless absolutely necessary, and carefully look for children behind you when you mow in reverse.
Always turn off the mower and wait for the blades to stop completely before removing the grass catcher, unclogging the discharge chute, or crossing gravel paths, roads, or other areas.
Do not allow children to ride as passengers on ride-on mowers.

Briggs & Stratton, a mower engine manufacturer, offers these tips regarding the dangers of handling gasoline:

Handling Gasoline

· Never smoke when filling the gas tank.

· Store gasoline in a container with a UL, FM, or CSA label. The Briggs & Stratton Smart Fill Fuel™ Can meets these requirements.

· Never keep gasoline in the house or fill gas tank indoors.

· Never store the machine or fuel container where there is an open flame, spark, or pilot light such as near a water heater or other appliances.

· Never fill containers inside a vehicle or on a truck bed with a plastic bed liner. Always place containers on the ground away from your vehicle before filling.

· Wipe up gasoline spills immediately and do not attempt to start the engine but move the machine away from the area of spillage and avoid creating any source of ignition until fuel vapors have dissipated.

· Never over-fill the fuel tank. Replace gas cap and tighten securely.

· Never remove the gas cap or add fuel with the engine running. Allow the engine to cool, before refueling.

There is no substitute reading equipment instruction manuals, supervising the use of equipment by younger operators, and using common sense. Let’s have a safe season in our yards.

Originally posted at InjuryBoard by David Lowe

Fischer-Price Rainforest Play Yards Recalled - Dangerous

Paul Jacquart — Thu, 22 Jan 2009 15:23:16 GMT

The Chicago Tribune reports that the U.S. Consumer Product Safety Commission has recalled 200,000 Fischer-Price Rainforest Play Yards because they are dangerous to children. There were reportedly complaints from 1,350 consumers that the sides of the play yard are prone to collapse and have caused injuries to children including broken nose, wrist and head concussion. Mattel, Inc. the owner of Fischer-Price is offering $100 refunds to owners. Simplicity, the manufacturer of the product in partnership with Fischer-Price has reportedly not responded to the CPSC's recall. The number to file a claim is: 1-800-432-5437. The article reports that play yard rail collapses in similar products manufactured by other companies have caused injuries and death to children in the past. If your child has been injured by this product or a similar product, you should contact legal counsel to discuss your options.

Originally posted at InjuryBoard by Paul Jacquart

Sales of Durom Cup Hip Socket Suspended

David Lowe — Thu, 24 Jul 2008 18:24:11 GMT

Zimmer Holdings has suspended sales of its Durom cup hip socket, used in hip replacement surgery. Orthopedic surgeons have reportedly complained that the component fails at a high rate, while Zimmer contends that the problem stems from the surgeons’ need for specialized training to implant the component. The Durom cup hip socket has reportedly been implanted in more than 12,000 patients over the past two years. The early failure of the component has apparently resulted in hundreds of patients having to undergo another surgery to replace the component. It seems likely that many more failures will be recognized now that the device has been recalled. Patients who are forced to undergo revision surgery due to a defective device would be well advised to seek legal counsel to obtain compensation for the cost of the second surgery and the pain and suffering that the ordeal has caused.

Originally posted at InjuryBoard by David Lowe

Nail Gun Dangers Persist

Paul Jacquart — Mon, 21 Apr 2008 23:50:25 GMT

Our office successfully handled a nail gun injury claim over a decade ago. A carpenter working with a nail gun was positioned on scaffolding above our client. He lowered his arm and the tip of the nail gun came into contact with our client's helmet, triggering the firing mechanism and causing a nail to shoot through the helmet and into our client's skull.

Apparently little has been done to decrease the incidence of nail gun injuries. A news story from the Sacramento Bee suggests that nail gun injuries are on the rise. According to the article, the nail guns:

are dangerous, especially in the automatic mode known as "contact trip." Driven by compressed air, the brawniest nail guns can blast 30 nails a minute that travel up to 490 feet per second, qualifying the nails as low-velocity missiles. In contact trip mode, with one pull of the trigger, they fire those missiles whenever the muzzle makes contact with a surface – including heads, hands, eyes and even chests.

The article states that neither federal nor state agencies have done much to bring attention to the dangers, despite the fact that more than 100 nail gun injury victims show up each day at hospital emergency departments across the United States.

According to the article, manufacturers were aware of the dangers, but continued to sell contact trip guns because of their popularity with consumers. In 2003, manufacturers began making semiautomatic guns using a "sequential design" that requires the user to pull the trigger for each nail, a much safer alternative. Designs of these sequential trigger guns were available since the 1990’s but manufacturers largely ignored the option, says the article. Some have advocated a ban on contact trip guns in light of the safer alternative, but they are still being used regularly nationwide.

If you are working with or around nail guns, it is important to read all manuals and to follow all rules for workplace safety. Mike Strawbridge offers these nail gun safety tips:

1. Understand the difference between sequential trip trigger and contact trip triggers. Be sure you are using the right one for the right work. The Bostich catalog has a good description of how each trigger works and when they should be used.

2. When trying to accurately place a fastener with a contact trip nail gun, be as sure of your target and the backdrop as you would if you were firing a pistol. There is always the possibility of a double shot that will not be contained by the wood. Keep body parts out of the possible line of fire.

3. When using a pneumatic nail gun, be alert to the added hazard of the air hose. Compressed air has its own hazards, but having an air hose stretched through a construction site adds to the already hazardous environment. Watching roofers with pneumatic nail guns always reminds me of the story about Mark Twain in the city: He said one day he saw a fellow on a ledge threatening to jump. A large crowd had gathered below but Mark Twain said he was the only one in the group with the presence of mind to throw him a rope and pull him down. The air hose always looks like someone has already thrown the roofers a rope.

4. When holding a work piece to be nailed, be aware that the force of the nail gun will drive through any obstacle in the wood like knots or other fasteners. The path through the wood is not always certain however. Nails have been know to come out the side of wood and in some cases even made a U turn and come back at the gun. Keep you hand at least the length of the fastener you are shooting away from the muzzle at all times when joining wood.

5. Don’t use rusty fasteners. Using old nails in a nail gun can not only damage the gun, but they can send rust and scale out toward the operator. Be sure to use new clean nails for safe operation.

6. Wear your safety glasses or face shield. Not only can the nail gun send errant nails your way, but the force of the nailing operating can splinter the substrate as well. And if you ignored number six above, rust and scale can be ejected as well. So protect your eyes. It is a lot easier to use a nail gun safely when you can wee what you are working with.

7. Maintain the nail gun properly. Regular maintenance and lubrication will reduce the possibility of jams and misfires that require potentially dangerous repairs and unjamming procedures.

8. Read and follow all the manufactures safety rules and procedures. They have likely already been sued over something there.

Originally posted at InjuryBoard by Paul Jacquart

Divided Supreme Court Affirms Decision In FDA Preemption Case

David Lowe — Mon, 03 Mar 2008 18:06:08 GMT

In the wake of last month's Supreme Court decision in Riegel v. Medtronic, holding that Federal Drug Administration approval of medical devices shielded manufacturers from product liability lawsuits by injured patients, concerns have mounted that the Court will confer similar protection to drug manufacturers whose products have received FDA approval. This would leave injured consumers to the protection of the understaffed and underfunded FDA, whose lapses in the approval of drugs such as Ketek and Trasylol have been discussed here.

Today, in a four to four split decision, with Chief Justice Roberts not participating, the Supreme Court affirmed the decision of the Second Circuit in Warner Lambert v. Kent,which held that a drug manufacturer that failed to warn the public about the dangers of its product -- and may have concealed key information from the FDA regarding the risks of the drug -- cannot hide behind a Michigan state law that provides immunity to prescription drug manufacturers. Oral argument in the Kent case was heard only last week.

Kent raised the preemption issue in the context of Michigan's somewhat unique statute that shields drug manufactures from product liability lawsuits if the drug was approved by the FDA unless it could be shown that the FDA was defrauded during the approval process. The drug involved in Kent was Rezulin, a diabetes drug that was withdrawn from the market after widespread reports of liver damage and deaths. Its manufacturer argued that federal law pre-empted the Michigan statute's statutory exception for instances where fraud was perpetrated on the federal agency. The Public Justice organization provided important assistance in the defense of the injured consumer. The amicus brief it filed in the Supreme Court can be viewed here.

Because of the 4-4 split and per curiam affirmance, the Kent case will be a minor footnote next to a more important case looming on the coming year's docket, Wyeth v. Levine, in which the Supreme Court has agreed to decide whether a musician who lost her arm after receiving the anti-nausea drug Phenergan via an off-label injection method may recover under Vermont tort law despite FDA approval of the drug's label. The Vermont Supreme Court ruled that the state court product liability lawsuit was not preempted by the FDA approval of the drug's label, a significant ruling for those seeking to preserve consumer rights. The Levine case is the likely forum for the definitive word on the implied preemption issue in pharmeceutical litigation. We'll be following the case closely.

Originally posted at InjuryBoard by David Lowe

FDA Raises Number of Potential Heparin Related Deaths to 21

David Lowe — Fri, 29 Feb 2008 07:31:33 GMT

Today's New York Times reports that as many as 21 deaths may be linked to the drug heparin, and the number of reported adverse reactions (mostly decreased or low blood pressure and fast heart rate) has risen to 448, according to the FDA.

Baxter International, whose heparin seems to be involved with the problems, announced that it was expanding a recall to include most of its heparin products, including multidose vials, single-dose vials and its diluted solution of heparin used to keep blood clots from forming in intravenous lines.

The FDA investigation has revealed problems associated with unregulated local suppliers to a wholesaler that provided ingredients to the Chinese plant, but the root cause is yet to be determined.

Originally posted at InjuryBoard by David Lowe