PRODUCT LIABILITY

Dining Out? Take a Tip: Be Careful What You Order

Submitted by Anonymous on May 11th, 2009

No longer is the catchphrase "Snakes on a Plane" appropriate. We've upgraded to "Snakes on a Plate."

This story falls into the dual categories of gross and unbelievable: last week, a regular diner a New York-area TGI Friday's was appalled to find a decomposing snake head underneath his broccoli. The diner, certainly with a stronger stomach than I, was able to snap several photos of the snake with his cell phone before reporting his finding to the waiter (who gagged) and the manager (who was apologetic).

Breaking News: Hydroxycut Recall

Submitted by jrlaw on May 1st, 2009

Straight from the news wires: the popular weight-loss drug Hydroxycut is undergoing a massive recall due to unsafe ingredients. The FDA is reporting more than 25 instances of serious health-related events and 1 death due to liver failure after normal use of the product. Symptoms of liver injury include: jaundice (yellowing of the skin or whites of the eyes) and brown urine. Other symptoms include nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach or abdominal pain, itching, and loss of appetite. Other health problems reported include seizures, cardiovascular disorders, and rhabdomyolysis, a type of muscle damage that can lead to other serious health problems such as kidney failure. Perhaps you remember Hyrdoxycut from the mid-90s - back when ephedra was still legal in diet products. Hydroxycut took a major hit when ephedra was removed from all dietary products, and a quick reformulation of Hydroxycut may have skipped several safety steps. The FDA does not monitor these types of "all natural" supplements, but can enforce a recall in the event of serious health risks. Have you suffered adverse health effects while taking Hydroxycut? Contact us today to discuss your possible legal recourse.

Unsafe Chinese Products?

Submitted by Anonymous on Apr 22nd, 2009

Over the past several years, big-name and high-profile companies have recalled products bearing the stamp "Made in China" due to defective, dangerous, and unsafe components. Chinese products represent approximately 60% of all products sold in the United States. Yet questions continue to arise regarding the inspection and safety of these products BEFORE reaching the consumer. A quick highlight of these major cases:

Have We Become Risk-Adverse - or Risk-Aware?

Submitted by jrlaw on Apr 6th, 2009

The New England Journal of Medicine published a perspective piece recently on the changing perceptions of pharmaceutical drug safety. As one drug after another comes under significant scrutiny, the regulatory structure - the FDA - is under increased pressure to "do something" about safe drugs.
 
Where does this call for action come from? As information dissemination is quick and cheap these days, the reports of adverse events can spread like wildfire. Though FDA investigations may drag out, swayed public opinion may be enough to avoid some harmful effects while the investigation proceeds.
 
Yet somehow this isn't enough. We don't necessarily want zero-risk drugs, but we do want to separate the noise of frenzied public opinion from the actualized harms. It's not that we're risk-adverse - it's that we're risk-aware.
 
I received an email from a 15 year old girl concerned about this exact issue last week. She closed her email with the simple "what can be done about this issue??" and all I could say to her was to report the adverse event to the FDA, and to talk with her doctor about the event. (The FDA maintains a large database full of specific adverse events associated with various drugs, a major resource in recall and additional warning decisions).
 

War Between the States: Product Liability in New York vs. Pennsylvania

Submitted by Anonymous on Apr 3rd, 2009

Most states have a grudge against another. Texas and Oklahoma. Massachusetts and Maine. Georgia and Alabama. Ohio and Michigan. Southern California and Northern California. And for this week: New York and Pennslyvania.

What current battle was fought and decided this week, you ask?

A US District Court, Eastern Pennsylvania, has rules that a sperm bank can be held liable for contract and tort claims with regard to product liability.

Fenproporex Weight-Loss Recall Attorney

Submitted by jrlaw on Mar 23rd, 2009

The Food & Drug Administration has expanded its nationwide alert regarding tainted weight loss drugs. These drugs are available over-the-counter, and often list themselves as "herbal," "homeopathic," and "all-natural" - yet many of these products contain unlabeled and undeclared active pharmaceutical ingredients such as:

Sleep Apnea Treatment Device Recalled s8 Flow Generator

Submitted by jrlaw on Mar 9th, 2009

ResMed and FDA notified consumers and healthcare professionals of a worldwide recall of approximately 300,000 S8 flow generators (Continuous Positive Air Pressure or CPAP) used for the treatment of obstructive sleep apnea. In Model S8 devices manufactured between July 2004 and May 15, 2006, there is a potential for a short circuit in the power supply connector. ResMed plans to work with its distribution partners globally to provide a replacement device to patients who have an affected S8 flow generator. See recall notice for serial numbers for affected S8 models.

Victoria's Secret Bras May Contain Formaldehyde

Submitted by jrlaw on Mar 9th, 2009

A North Texas woman is one of several who have stepped forward to say that Victoria's Secret bras are causing irritating rashes. Recently, an Ohio woman filed a class action lawsuit after tests on her Angels Secret Embrace and Very Sexy Extreme push up bras were revealed to contain formaldehyde. Formaldehyde is a chemical commonly used in embalming.

Rock 'N Ride Rocker Recall

Submitted by jrlaw on Mar 9th, 2009

A local toy-maker has recalled about 122,000 units of the Rock 'N Ride plush rocker because of potential injuries to children. The Southlake-based company has received 35 reports of the rocker tipping over, with 10 such incidents resulting in injuries like bumps, bruised and lacerations. The culprint? A faulty plastic base that could make the rockers unstable.

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