North Carolina Injury Lawyer Blog

The American Academy of Pediatrics is reporting that every five days, at least one child in the US dies from choking accidents involving food. Now, the academy is calling on food manufacturers and the federal government to put into place a food labeling system that would warn parents that the food is a choking hazard.

The academy says choking is the number one cause of fatality among kids younger than age 15, with kids under age 5 at highest risk of choking. One reason for this is that kids in this age group don’t have all of their teeth. This can make it hard for them to grind the food down enough that they can easily swallow.

More Kid Choking Accident Facts:

• Over 10,000 kids end up in the emergency room every year because of choking accidents involving food.

• A 2002 Centers for Disease Control and Prevention Study reports that about 100 kids a year die from food-related choking accidents.

• HealthyChildren.org, a Web site powered by pediatricians, says food is the most common cause of child choking injuries.

Food that is small enough to enter a child’s throat yet large enough to get stuck their, blocking the airway, can cause oxygen deprivation. If not alleviated quickly enough the obstruction can lead to a traumatic brain injury and even death.

Some foods that pose a high choking hazard risk include:

• Apples
• Peanuts
• Grapes
• Raw carrots
• Hot dogs. Considered by some pediatricians as the number one food choking hazard
• Certain candies

If your son or daughter was injured or died because of a food choking accident that the manufacturer could have prevented by designing/packaging their food product in a safer form or warning parents that about the choking hazard, you may have grounds for filing a Charlotte, North Carolina injuries to children lawsuit.

Pediatricians call for a choke-proof hot dog, USA Today, February 22, 2010

Labels urged for foods that can choke kids, CNN, February 22, 2010

Related Web Resources:
Choking Episodes Among Children, CDC

Food choking hazards and children: What parents need to know, Consumer Reports

Continue reading "American Academy of Pediatrics Want Warning Labels on Food that Pose a Child Choking Hazard" »

A Winston-Salem man says he is going to sue GlaxoSmithKline for North Carolina personal injuries that he claims he sustained from using Poligrip. Johnny Howell, 53, says he started exhibiting signs of zinc poisoning in 2004, 15 years after he started using the denture cream.

It wasn’t until last year that Howell found out what was causing his disease. He says that even after receiving treatment for his condition, he has problems walking and experiences weakness and numbness in his legs. Due to a number of fall accidents, Howell broke an ankle and a rib. He must now use a walker and is unable to drive. Howell also lost his job working as a mechanic and receives disability.

While humans need zinc, too much of it can lead to calcium deficiencies, bone loss, anemia, and nerve damage, which can become permanent if excessive consumption of zinc goes on for too long. Howell is not the only person who has sustained injuries from using denture cream. There are dozens of people who say their nerve damage was caused by using Poligrip or Fixodent, which is made by Proctor & Gamble. Considering that about 40 million Americans use adhesives to keep their dentures in place, the health risk link is cause for concern.

Although the American Dental Association says it doesn’t know of any cases confirming that nerve damage is caused by dental glue, an article published in “Neurology” in 2008 linked high levels of zinc in Super Poligrip to “profound neurological disease” in patients that were examined.

GlaxoSmithKline just recently started including a warning with its Super Poligrip denture cream noting that too much zinc may cause health issues. Newsinferno.com reports that there are already scores of people that have been damaged by using denture creams and have filed their dangerous drug lawsuits.

Dangerous Drug Lawsuits
Drug manufacturers are supposed to make products that are safe for people to use. When an over-the-counter product or a prescription drug leads to dangerous side effects that a pharmaceutical company failed to warn against, those who were injured as a result may be able to obtain personal injury damages by filing a North Carolina dangerous drug lawsuit.

Zinc in denture adhesives blamed for nerve damage, Reporter News, January 18, 2010

North Carolina Man Says Poligrip Left Him Disabled, Plans Lawsuit, NewsInferno, February 3, 2010

Related Web Resources:
Poligrip, GlaxoSmithKline

Zinc poisoning, Medline Plus

American Dental Association

Dorel Asia SLR and the US Consumer Product Safety Commission are recalling about 635,000 cribs, following 10 injuries to infants and one child death. The crib manufacturer and the CPSC are concerned that if the hardware that holds up the crib’s side fails, the drop side might detach, which could lead to suffocation or entrapment.

So far, there has been one related death involving a 6-month-old Iowa baby who was fatally injured as a result of strangulation and entrapment. The CPSC and Dorel Asia have received 31 reports of drop side accidents. Six of them involved kids who became entrapped between the mattress and the crib’s drop side. Three babies sustained bruises. There have also been 36 reports of cribs’ slats breaking. Two children became entrapped because of this. Fortunately they were not injured. Seven babies sustained scratches and bruises.

Consumers are urged to stop using the recalled cribs and contact the manufacturer for a free replacement kit.

This latest crib recall comes just one day after the CPSC and Carmia Furniture recalled 1,000 Diana cribs due to worry that the slats on the drop-sides might detach, potentially causing the child to become entrapped in the crib or fall to the ground. There have been 18 reports of the slats detaching from the cribs rails.

Over the last few years, the entrapment, suffocation, and fall hazards posed by drop-side cribs have become issues of great concern to parents, guardians, and child safety advocates. Since December 2005 more than 2 million drop-side cribs have been recalled. At least 11 infant deaths have occurred because of drop-side crib defects. And there are those, including manufacturers, who are calling for a ban on the manufacture of drop-sides cribs.

Drop-Side Crib Defects
While drop-side cribs offer the convenience of allowing a parent easy access to their child because one side of the crib can be lowered, these cribs have proven prone to hardware warping, slat breakage, and drop-side detachments. These product defects can create an opening between the drop side and the crib mattress that a child can easily become entrapped in, which may lead to suffocation if the infant or toddler stays trapped for too long. A drop-side that detaches or drops suddenly can also cause fall accidents, which can lead to head injuries and other child injuries.

It is inexcusable for your child to get have gotten hurt because a product manufacturer was negligent. You may have grounds for filing a North Carolina products liability lawsuit involving injuries to a child.

Dorel Asia Recalls To Replace Cribs; Pose Strangulation and Suffocation Hazards, CPSC, January 19, 2010

Major manufacturers propose ban on drop-side cribs, Chicago Tribune, March 18, 2009

Related Web Resources:
Report: Drop side cribs can be dangerous, ABC, June 24, 2009

Dorel Industries

Continue reading "Products Liability: 635,000 Cribs by Dorel Asia SLR are Recalled after 1 Infant Death and 10 Injuries to Children" »

North Carolina and South Carolina parents with Maclaren strollers have reason to be concerned following reports that 12 children suffered fingertip amputations in the hinges of the foldable umbrella models. Following the child injury accidents, Maclaren and the US Consumer Product Safety Commission are recalling approximately one million strollers.

In some of the injuries to children cases, fingers were lost. Carlos DeWinter, 23 months, lost his right pinky in July 2003. He underwent multiple surgeries but doctors were not able to reattach it. His family filed a products liability lawsuit against Maclaren. The injury complaint was settled out of court.

Some people are wondering why the stroller manufacturer, a company that has long enjoyed a reputation for making dependable strollers, waited until so many amputation injuries happened before announcing a recall.

Nine models are named in the recall, which includes double and single strollers: Twin Techno, Quest Sport, Volo, Easy Traveller, Techno XT, Triumph, Twin Triumph, Quest Mod, and Techno XLR. The strollers were sold in the US between 1999 and 2009.

The kids’ fingertips were amputated while the umbrella strollers were being unfolded open/locked into place. Possible laceration injuries are also a concern. As part of the recall, Maclaren is offering safety kits that provide protective shields for the hinges.

Meantime, CPSC has decided to look at other umbrella strollers that come with similar hinge mechanisms to make sure other kids are not injured in the same manner.

A finger amputation can be an extremely traumatic and painful experience. Reattaching fingertip or finger does not mean full recovery. He or she may have undergo numerous surgeries, suffer loss of feeling in the finger, and sustain permanent disfigurement.

Our Charlotte, North Carolina injury lawyers represent clients with injuries to minor complaints whose kids were injured in car accidents, truck crashes, premises liability accidents, due to medical malpractice, or because of defective products.

Government Looks at Other Strollers After Maclaren Recall, November 10, 2009

For 5 Years, Maclaren Knew Strollers Were Amputating Fingers, Gothamist, November 12, 2009

Maclaren USA Recalls to Repair Strollers Following Fingertip Amputations, CPSC, November 9, 2009

Related Web Resources:
Maclaren

Safe Kids Worldwide

Continue reading "North Carolina Injuries to Children: 1 Million Maclaren Strollers Recall Warns about Fingertip Amputation Hazard " »

Last month, two wrongful death lawsuits were filed by plaintiffs whose loved ones died tragically when the chenille bathrobes they were wearing caught fire. Bathrobe manufacturer Blair Corp. is the defendant named in both complaints.

Atwilda Brown, was making tea when the catastrophic accident happened. She called 911 for help but died from her injuries. The cause of death on her death certificate is “from clothing catching on fire,” says her daughter Sharon Davis. Brown’s family is suing the clothing manufacturer for $30 million.

In another tragic burn accident, 81-year-old Evelyn Roguff and her 83-year-old husband Murray died when the sleeve of the robe she was wearing caught fire on the electric burner of her stove. Murray was burned while trying to save her. The couple would have been married 50 years by now. Their family is suing Blair Corp. for $1.9 million.

At least nine deaths have been linked to the flammable bathrobes. Most of the victims were older people. Five of the people that died were women. In the last seven months, 300,000 of the Blair Corp. robes have been recalled over safety concerns.

Clothing must meet specific safety standards. Defects can lead to tragic accidents, including choking accidents, strangulation accidents, and burn accidents.

All clothing sold in the US must meet the requirements of the Flammable Fabrics Act. Highly flammable clothing can prove tragic for the person wearing the dangerous fabric. Highly flammable clothing that causes North Carolina injury or death is a products liability.

Bathrobe company sued in deaths of elderly Oceanside couple, October 28, 2009

Family Sues over Connecticut Woman's Bathrobe Fire Death, Insurance Journal, October 30, 2009

Related Web Resources:
Blair Expands Recall To All Women’s Chenille Apparel Due to Burn Hazard; Additional Reported Deaths Prompt Re-Announcement of Robe Recall, CPSC, October 22, 2009

Flammable Fabrics Act

Continue reading "Products Liability: Two Families Sue for Wrongful Deaths of Loved Ones Fatally Burned While Wearing Flammable Bathrobes" »

A former attorney for Toyota Motor Sales USA Inc. is suing his former employer for allegedly forcing him to withhold evidence from the victims of hundreds of rollover accidents. Dimitrios P. Biller says that not only did the world’s largest motor vehicle manufacturer make him conceal the evidence from plaintiffs who had sustained injuries or lost loved ones, but he claims that the company then made him resign two years ago.

Biller’s complaint accuses Toyota of getting rid of information in over 300 rollover accidents. He claims the data that was concealed proved that the vehicle roofs involved in the rollover accidents were substandard. He also accuses Toyota of illegally withholding computer-stored data from products liability attorneys and wrongful death lawyers.

Biller’s lawsuit claims that the company’s engineering unit was allowed to get rid of important documents and information that should have been turned over to the plaintiffs. The complaint also charges that Toyota held back records on vehicle roof testing and design.

Biller says that he was intimidated and harassed by Toyota employees even after he left the company. Because of the pressure that he was allegedly subjected to, Biller claims that he has had to undergo psychiatric treatment over the last four years and in 2007 he was diagnosed with major depressive syndrome.

Toyota has responded to Biller’s allegations with a statement calling the attorney’s claims “misleading” and “inaccurate.” The auto manufacturing giant portrays its former managing counsel as a disgruntled former employee who did not like the fact that he had to resign.

If in fact Toyota did withhold evidence in these cases, however, this could result in the reopening of rollover cases that over the past two decades the car maker has either won or settled.

Obtaining recovery for a Charlotte rollover lawsuit usually requires the experience of a North Carolina injury law firm who understands the intricacies involved with proving that an auto manufacturer was negligent and therefore owes the plaintiff damages for products liability or wrongful death.

Toyota concealed evidence in rollover cases, ex-attorney alleges, Los Angeles Times, September 1, 2009

Toyota Accused of Hiding Evidence, CBS News, August 29, 2009

Related Web Resources:
Q&As: Rollover and roof crush, IIHS, January 2009

Roof Crush and Rollover Information Center, Public Citizen

Energy Systems Analysts, a water heater maker company in Hickory, is one defendant in the North Carolina personal injury lawsuit filed by two people who were injured in the June 9 blast at a Con Agra Slim Jim plant in Garner.

300 people were working at the plant when the deadly work explosion occurred. The fatal natural gas explosion injured almost 40 people and killed three others. One of the injured workers, Tammie O’Neal, sustained back, leg, and head injuries. She was trampled by workers that were rushing to escape the explosion. Another injured employee, Leonard Spruill, sustained serious burn injuries.

Energy Systems Analysts was a Hickory contractor that made and helped install a gas water heater that investigators think may have been a key factor in the deadly natural explosion. The workers' Raleigh personal injury lawsuit is accusing the water heater maker of not having the license in North Carolina to install, connect, or manipulate the pipes that deliver the natural gas. The plaintiffs are also accusing the Hickory contractor of failing to evacuate the plant when it became apparent that “natural gas was venting into the plant.”

The US Chemical Safety Board believes there is a strong likelihood that contractors vented the gas inside the building when they installed the device. The gas should have been vented outside. North Carolina safety officials are investigating 10 companies because of the fatal blast.

Other defendants named in the North Carolina personal injury lawsuit are Curtis Ray Poppe, an Energy Systems Analysts employee, Jacobs Engineering Group, the company that came up with the installation plans, and Southern Industrial Constructors, a mechanical contractor.

Although workers cannot sue their employers for work accidents—they are, however, entitled to workers’ compensation benefits—they can file North Carolina personal injury claims against third parties that were liable for causing their work injuries.

Hickory company named in lawsuit in wake of fatal plant explosion, Hickory Record, June 23, 2009

Injured ConAgra workers sue contractor, The News & Observer, June 16, 2009

Related Web Resources:
3 confirmed dead in explosion, The News & Observer, June 16, 2009

Energy Systems Analysts

In the last year, optical products company Bausch & Lomb has settled almost 600 products liability lawsuits related to its ReNu MoistureLoc multi-purpose contact lense solution. Dozens of other individual personal injury complaints are still pending.

Over 700 contact lenses users in the US and Asia claim that they suffered from Fusarium keratitis because they used the solution, which was pulled off US store shelves in April 2006. The Centers for Disease Control and Prevention says that from June 2005 to September 2006 there were 180 confirmed cases in 35 US states. After that point, the CDC stopped its surveillance.

Seven people in the US reportedly had to have an eye removed because of the infection and at least 60 people had corneal transplants to save their vision. A racecar driver’s career ended as a result of his injury. Another person who lost his eye became addicted to painkillers, resulting in the collapse of his marriage and business.

Fusarium Keratitis
This rare infection can lead to inflammation of the cornea. Victims often experience severe pain. Delayed diagnosis has been known to occur and can cause the infection to grow worse. One woman didn’t know about the recall and suffered from the infection for two months. She lost an eye.

It is still unclear how the contact solution played a role in the mass fungal outbreak. One theory is that its disinfectant got into the lenses at a very high rate and the moisturizing agents produced a biofilm that either shielded or helped grow the fungus until the infections occurred.

MoistureLoc has also been linked to different types of viral, bacterial, and parasitic ailments. Plaintiffs have filed over 500 products liability lawsuits for their injuries. One woman claims that after her eye became infected she sustained a scar that blurred her vision and took a year to heal. Bausch & Lomb is denying that there is a link between the solution and these infections.

Bausch & Lomb settles 600 eye fungus lawsuits, AP, May 31, 2009

General Information about Fusarium Keratitis, CDC, May 10, 2006

Related Web Resources:
Bausch and Lomb

Instructions for Cleaning Contact Lenses

The National Highway Traffic Safety Administration is doubling its roof strength requirement for light vehicles weighing up to 6,000 pounds and introducing an actual requirement for vehicles weighting 6,000 to 10,000 pounds. According to US Transportation Secretary Ray LaHood, these tougher standards will offer passengers greater protection during rollover accidents.

The current light vehicle requirement is the ability to withstand 1.5 times the force of the vehicle’s weight. The new standard would require that a light vehicle’s roof withstand 3 times the motor vehicle’s weight. Heavier vehicles will now have to meet a roof strength requirement of 1.5 times the vehicle’s weight.

September 2012 marks the beginning of the phase in schedule of these new requirements that must be completed for all vehicles that fall under the applicable weight categories by the 2017 model year. Some 10,000 people are killed in rollover accident each year.

Kinds of Rollover Accidents:
Tripped Rollovers: When a vehicle trips over an object, like a guardrail, a curb, or a steep slope.

Un-Tripped Rollovers: Can occur when the driver is driving at a high speed and tries to avoid getting involved in an auto collision.

While driver negligence can lead to rollover accidents, auto manufacturers must make sure that they make sport utility vehicles and other autos that are designed in such a way that they prevent rollover accidents from happening. In the event of a rollover collision, then the motor vehicle must offer vehicle occupants the proper safety protections needed to minimize injuries and prevent deaths.

Other safety precautions that auto makers can include in their motor vehicles:

Electronic Stability Control: Helps drivers stay in control of the auto so that it doesn’t go off road or skid out of control.

Rollover Air Bags: Side-impact head air bags can prevent occupants from getting ejected during a rollover accident.

Seat Belts: Use of seat belts improves survival chances in a rollover crash by 75%.

Auto makers must make sure that their vehicles are free from defects and come with the proper safety precautions. When a rollover accident occurs and a person gets hurt of dies because a vehicle part was defective or the vehicle malfunctioned, the car manufacturer can be held liable for North Carolina products liability or wrongful death.

U.S. DOT Doubles Roof Strength Standard for Light Vehicles, NHTSA, April 30, 2009

Rollovers, Safercar.gov

Related Web Resource:
Read the NHTSA Final Rule (PDF)

Continue reading "North Carolina Products Liability: Tougher Roof Strength Standards Will Provide Better Rollover Crash Protection, Says US Department of Transportation" »

The first North Carolina defective Chinese drywall lawsuit has been filed. The plaintiffs are from Holly Springs and the complaint is against builder Stafford Custom Homes. Their lawsuit blames the corroding metals and putrid smell in their home on the toxic material in the walls of their residence that they say made them sick.

The plaintiffs, Mary and Daniel Flannigan, also contend that Stafford Custom Homes, in Southern Pines, should have known that the drywall could become dangerous and cause damage. The couple say they first noticed the “rotten eggs” odor before buying their residence in 2004. They said Stafford employees said that the smell was coming from the water heater.

The water heater coils were replaced and the couple later paid to have the water heater removed from under the house. Home inspectors became suspicious that mold might be growing, so Stafford Homes installed a layer of plastic in the basement to act as a vapor barrier. Despite all these changes, the smell wouldn’t go away and a number of family members began to experience chronic health issues. Also, guitar strings and jewelry are among the metals in their home that turned black.

In 2007, the evaporator coils connected to the gas furnace corroded and needed to be replaced. Last year, the Flannigans found out that their air and heating system was failing. The couple said that they were experiencing serious headaches and didn’t consider that the drywall in their home might be defective until they saw a tv news report about the Chinese-made product.

They are seeking North Carolina personal injury compensation for medical costs and to replace damaged property, including compensation for new drywall and the reconstruction of their home. They also want punitive damages.

Other North Carolina defective Chinese drywall lawsuits are expected. Just this February, the US Consumer Products Safety Commission started investigating complaints about Chinese drywall. They've been asking electrical engineers and toxicologists to collect samples so they could figure out the associated safety and health hazards.

In the last 10 years, millions of pounds of Chinese drywalls were installed in apartments and homes because they were costly and abundant and to meet the demands of the US housing boom. In the meantime, Congressional lawmakers have filed legislation to recall and ban drywall made in China until new safety standards for drywall are established.

Some 100,000 thousands homes in the US may be covered with Chinese drywall. The defective material has been linked to sinus and respiratory issues in some people.

North Carolina Sees First Chinese Drywall Lawsuit, NewsInferno.com, April 22, 2009

Holly Springs couple sues over Chinese drywall, The News and Observer, April 22, 2009

Related Web Resources:
CPSC: Chinese drywall poses potential risks to southeastern homes, WSLS, April 24, 2009

U.S. Lawmakers Seek Ban on Tainted Chinese Drywall, Insurance Journal, April 10, 2009

The Supreme Court dealt a huge blow to the pharmaceutical industry by upholding the right of patients to sue a drug maker for damages over a dangerous drug, even if the medication has Food and Drug Administration approval. While the Bush Administration told the court last year that a drug maker should be exempt from such lawsuits alleging personal injury or death, the judges, in a 6-3 decision on Wednesday, ruled otherwise.

They upheld a $6.7 million verdict that ruled in favor of Diana Levine, a musician who had her right arm amputated when she developed gangrene after being injected with Phenergan, an anti-nausea drug made by Wyeth. Levine has already settled her medical malpractice lawsuit against the clinic that administered the drug to her via IV-push, causing her artery to accidentally be injected with the powerful drug. Her dangerous drug lawsuit against Wyeth accused the drug manufacturer of failing to properly warn consumers of the risks that could arise from taking the anti-nausea medication even though its warning to use a great deal of caution when injecting the drug met FDA standards.

Levine won her civil lawsuit in Vermont civil court and Wyeth appealed the decision, arguing that federal law protected it from such lawsuits. The Court, however, found that Wyeth failed to prove that failure-to-claim warnings conflicted with federal laws regarding drug labeling. Wyeth doesn’t manufacture Phenergan any more.

This Supreme Court decision paves the way for lower court judges to allow state liability cases against drug makers to proceed even if the federal government is charged with regulating the area.

Dangerous Drugs
Unfortunately, despite regulation by the federal government, there are dangerous drugs that manage to enter the marketplace and cause injury or death to patients. Drug manufacturers must be held accountable for their dangerous or defective drugs.

Supreme Court ruling supports drug lawsuits, USA Today, March 4, 2009

Supreme Court backs patients' right to sue drug makers, Baltimore Sun, March 4, 2009

Musician gets high court OK to sue Wyeth, March 4, 2009

Related Web Resource:
Wyeth

Wyeth V Levine, US Supreme Court Opinion (PDF)

The chances of a motor vehicle occupant sustaining a spinal fracture decreases if the driver or front side passenger is wearing a seat belt and riding in a car equipped with air bags. This information comes from research gathered from records of over 20,000 auto accident victims who received medical attention at Wisconsin hospitals after t auto collisions that occurred between 1994 and 2002. The article, found in the latest issue of the Journal of Neurosurgery: Spine, is called "The continued burden of spine fractures after motor vehicle crashes.”

A spinal fracture occurs when at least one vertebrae in the neck or back breaks. A serious spine fracture can cause a spinal cord injury, paralysis, or death. Auto accidents are the number one cause of SCIs. 2,530 of the accident victims who took part in the study had spinal fractures. 64 of them died while they were in hospitals.

The 20,276 study participants had to be older than 15 and were riding in the front of the vehicles when the auto collisions happened. They also could not have been ejected from the vehicle and their files had to come with complete ICD-9-CMs.

Among the study's findings:
• Combined seat belt and air bag use provide added protection and lower the risk that an auto accident victim will sustain a spinal fracture
• 38% of the victims were not using seat belts when the auto collision happened.
• Just 14% of the study participants were equipped with both air bag and seat belt protection when the auto crash happened.
• Air bag use alone without a seat belt was linked to a greater risk of thoracic spine fracture injuries.
• Speeding and drunk driving were two of the major causes of these motor vehicle crashes studied.

SCI Facts
• 250,000 Americans have spinal cord injuries.
• 11,000 new injury cases happen each year.
• Common causes of spinal cord injuries include auto accidents, violent incidents, fall accidents, and sports-related accidents.

Research: Air Bags/Seat Belts Important in Preventing Spine Fractures, Huliq.com

Spinal Cord Injury Facts and Statistics, Sci-Info Pages

Related Web Resource:
Journal of Neurosurgery: Spine

Continue reading "Spinal Fractures From Motor Vehicle Accidents Can Be Prevented if Seat Belts are Used Along with Air Bags, Says New Research" »

Johnson & Johnson is announcing the recall of two lots of Duragesic pain patches. The recall, by its PriCara Division, is being issued because tears in the patches could expose users to the product’s gel and may result in an overdose. The recalled patches were made by ALZA Corp.

Recalled lots include:

• Duragesic 50 mcg/hr patches, lot number 0817239
• Sandoz Inc 50 mcg/hr patches, lot number 0816851

J & J is conducting the recall with the Food and Drug Administration. This is not the first recall involving improperly sealed Duragesic pain patches. In February 2008, J & J recalled some 32 million Duragesic Pain Patches over similar concerns. In 2004, Janssen Pharmaceuticals Products recalled 75 patches over leakage concerns also.

In 2007, the Food and Drug Administration issued a warning that accidental overdoses have been associated with use of the pain patch. The FDA has received over 100 reports of deaths that may have been related to use of fentanyl pain patches.

Duragesic, also known as fentanyl, is an opioid pain reliever that is 100 times stronger than morphine. You are not supposed to use fentanyl if you have drug allergies or a history of mental illness, seizures, breathing problems, heart problems, drug or alcohol dependence, low blood pressure, depression, liver disease, kidney disease, a brain tumor, or a head injury. Direct skin exposure to the gel that is inside the patch can cause respiratory problems, nausea, drowsiness, sedation, serious health complications, or lead to fatal overdoses.

Direct Exposure to Duragesic’s Gel:
If you or anyone has come into direct contact with fentanyl gel, it is important that you wash the skin completely with water only. Do not use soap or rub the skin too much. Do not directly handle patches that are torn or have cut edges. Use gloves or tissue instead. You can also get rid of the patches by flushing them down the toilet.

Medical device makers and pharmaceutical drug manufacturers are supposed to make sure that their products are safe for consumer use and free from defects that can cause illness, injury, or death. If you or someone you love was injured by a defective or dangerous medical device, you may be able to file a products liability claim or lawsuit against the negligent manufacturer.

J&J Recalls Two Lots of Pain Patch, The Wall Street Journal, December 31, 2008

Duragesic Patch Recall Adds to Johnson & Johnson Patch Woes, News Inferno, February 13, 2008

Related Web Resources:

Duragesic

Johnson & Johnson

US Food and Drug Administration

Continue reading "Johnson & Johnson Recalls Defective Duragesic Pain Patches" »

The family of a man who died after he was implanted with a cardiac defibrillator is suing Boston Scientific for his wrongful death. They allege that the defibrillator was defective and caused his death. Boston Scientific used to be called Guidant Corp. Also named as defendants in the products liability lawsuit are Guidant Puerto Rico Corp. and Guidant Sales Corp.

Joseph Robert was implanted with an Implantable Cardioverter Defibrillator (ICD), a Medtronic InSync Sentry defibrillator with Guidant leads, on October 26, 2000. This device is designed to monitor the person’s heart and when there is rapid, abnormal heart rhythm, the ICD is supposed to send energy to the heart muscle so that the heart can beat at a normal rate again.

In 2005, Roberts was admitted to a hospital for an ICD upgrade to a Vitality 2 biventricular automatic implantable cardioverter-defibrillator. His original ICD was being replaced because it had been found defective and dangerous. Roberts died nearly three weeks after the second device was implanted.

Patsy Roberts, one of the plaintiffs in this products liability wrongful death case, says that in 2007, she found out that Boston Scientific recalled the Vitality 2 because it was considered dangerous and defective also.

The plaintiffs claim that the defendants were grossly negligent and engaged in fraud, misrepresentation, breach of express warranties, breach of continuing duty to warn, breach of implied warrant of fitness, and breach of warrant of merchantability. They also say that the defendants violated the Texas Deceptive Trade Practices-Consumer Protection Act.

They are asking for damages for Joseph’s pain, suffering, and mental trauma before he died, as well as for their own pain and suffering, loss of consortium, loss of affection, grief, and other associated costs.

In North Carolina and South Carolina, our defective medical device lawyers have represented victims and their families whose lives have been catastrophically affected by a defective Guidant cardiac defibrillator. We believe that manufacturers of defective medical devices and the other liable parties should be held financially liable for your pain, suffering, and associated costs.

Wrongful death suit filed against Boston Scientific over cardiac defibrillator, Southeast Texas Record, April 21, 2008

Sudden Cardiac Deaths, Get the Facts 2006, AmericanHeart.org

Related Web Resources:

Boston Scientific

FDA: Some Guidant Defibrillators Recalled, WebMD, June 17, 2005

Continue reading "Boston Scientific Sued for Wrongful Death Caused By Defective Cardiac Defibrillator" »

Ag-Mart Produce has agreed to settle the birth defects lawsuit filed by the parents of Carlitos Candelario, a 3-year-old boy born without arms or legs. The boys’ parents Abraham Candelario and Francisca Herrera had worked for the tomato grower in fields in North Carolina and South Carolina that had been sprayed with pesticide while Francisca was pregnant.

Candelario and Herrera filed their birth defects lawsuit against Ag-Mart in 2006. They have accused the family of spraying pesticides on the fields while workers were present and not waiting long enough to send workers back to the field after the pesticides were applied.

A hearing has been scheduled this summer in North Carolina by the state pesticide board to determine whether Ag-Mart workers were exposed to toxic chemicals in pesticides. The tomato grower grows grape tomatoes in Brunswick County, North Carolina.

In 2005, Ag-Mart was charged with 369 violations of the state’s pesticide law. Company officials, however, says that many of the charges are false because North Carolina investigators had misinterpreted work records.

To this day, Ag-Mart continues to deny responsibility for causing Carlitos’s birth defects. Other farm workers under its employ also had children with birth defects around the time that Carlitos was born.

Ag-Mart has also voluntarily stopped using certain pesticides that appeared to be responsible for developmental problems in lab animals.

The terms of the birth defects settlement between Ag-Mart and Carlitos’s family is confidential, but their personal injury lawyer says that Carlitos will receive financial support for his medical costs, plus income, for life.

In South Carolina and North Carolina, our personal injury lawyers represent children and adults that have sustained catastrophic injuries because of the negligent or careless actions of people and/or corporations.

Ag-Mart settlement with couple OK'd, News and Observer, April 18, 2008

Board revives pesticide case, News and Observer, March 12, 2008

Related Web Resources:

Ag-Mart Produce

Beyond Pesticides

Continue reading "Plaintiff Mother In Ag-Mart Birth Defect Lawsuit Worked in North Carolina Tomato Fields While Pregnant With Son Born Without Limbs" »

Now, more than ever, it is important to speak with an experienced defective medical device attorney to discuss your case. In an 8-1 vote today, the U.S. Supreme Court voted to place new limits on defective medical device lawsuits filed against Medtronic Inc. and other medical device manufacturers: Patients cannot sue a medical manufacturer if the product that caused the injury was cleared by a strict federal review process.

In this latest case, the Supreme Court barred a lawsuit filed by the widow of a man who was permanently injured when his Medtronic heart catheter burst while he underwent angioplasty surgery. The Medtronic product had been gone through the U.S. Food and Drug Administration’s pre-market approval process. When the device burst, the patient developed a complete blockage and had to undergo emergency bypass surgery. He died three years ago.

The Bush administration and medical device manufacturers had both argued in favor of precluding state law claims with the more rigorous pre-market review process.

This new ruling could work in favor of medical devices makers that have been named as defendants in the thousands of defective products lawsuits that are still pending. It could also work in favor of drug manufacturers. Drug makers are also trying to get the U.S. Supreme Court to place limits on lawsuits filed by people injured from taking a dangerous or defective drug.

Lawsuits that will be most impacted by the ruling are cases involving medical devices that have undergone the FDA’s yearlong pre-market approval process. This is an arduous process, which is why only 43 new applications were filed in 2005. A fast-track review is available to new devices that are similar to products that are already being sold in the marketplace.

The Supreme Court’s ruling does leave room for defective medical device lawsuits filed under state rules that are considered parallel to federal requirements.

Our North Carolina and South Carolina defective products law firm has helped many injured patients and their families recover compensation from medical device makers and drug manufacturers. We have the experience and resources to help you explore your options and take the necessary and available steps to pursue your case.

Patient Medical-Device Suits Curbed by Top U.S. Court, Bloomberg.com, February 20, 2008

Justices Make It Tougher to Sue Medical Device Makers, The New York Times, February 20, 2008

Related Web Resources:

Read the Supreme Court Decision, Justia & Oyez

Medtronic, Inc.

Continue reading "Supreme Court Places New Limits on Products Liability Lawsuits Filed Against Medical Device Manufacturers" »

Medical device manufacturer Medtronic wants the U.S. Supreme Court to rule that medical device makers are exempt from products liability lawsuits, if a device that caused the injury is FDA approved.

The specific case, Riegel v. Medtronic, stems from a personal injury lawsuit filed by the family of Charles Riegel, a man whose Medtronic-manufactured balloon catheter burst while he was undergoing a medical procedure to clear his arteries.

In the lawsuit against Medtronics, Riegel cited negligent design and labeling and manufacturing issues. The catheter was FDA approved. The lawsuit was thrown out at both the U.S. District Court level and the US Court of Appeals level before arriving at the Supreme Court.

Medtronics claims that amendments to the Food, Drug, and Cosmetic Act say that FDA-approved medical devices are preempted from product liability lawsuits in state civil courts. The amendments, however, do not say that federal standards are preempted by state common law claims. This, however, is what Medtronics is claiming and the Bush Administration supports with the device maker’s assertion.

If the Supreme Court decides that Medtronics is right, anyone injured by a defective medical device won’t be able to file a personal injury claim or lawsuit.

Last December, Medtronics agreed to pay $114 million to settle 2,682 products liability lawsuits by people who had used the company’s Marquis implanted cardiac defibrillators. A battery problem had caused some of the defibrillators, implanted in patients at risk of heart attacks, to fail. ICD’s had to be surgically replaced in 11,000 patients.

Last year, Medtronic announced an international recall of heart-defibrillator wires, which were fracturing at a rapid rate. Some 235,000 people have these wires implanted in their chests.

If you have been injured or suffered health problems or have had to undergo a medical procedure because of a defective medical device, you should contact our North Carolina or South Carolina products liability law firm immediately.

Medtronic Supreme Court Case Could Have Dire Consequences for Consumers Injured by Defective Medical Devices, NewsInferno, January 3, 2008

Medtronic to Pay $114 Million In Settling Heart-Device Suits, The Wall Street Journal, December 21, 2007

Related Web Resources:

Riegel v. Medtronic, Supreme Court Docket

Medtronic

Continue reading "Medtronic Injury Case Before the Supreme Court Will Impact Fate of Defective Medical Device Lawsuits" »

National warehouse chain Sam’s Club is issuing a nationwide recall of ground beef patties made by Cargill. The recall comes after four children developed E. Coli from eating the patties. Cargill is requesting that Sam’s Club customers who purchased any patties after August 26 destroy or return the frozen meat.

Food manufacturers, retailers, distributors, and restaurants are legally obligated to make sure that the food products that they make, distribute, prepare, or cook are safe for consumption. A consumer who gets sick, injured, or dies from eating a food product that wasn’t properly prepared, stored, or cooked, may have grounds to file a products liability case against any negligent party responsible for allowing the contaminated food product to enter the marketplace or restaurant dinning room.

The four kids got sick between September 10 – September 20 after they ate patties that had been purchased frozen under the name "American Chef’s Selection Angus Beef Patties" in Minnesota. Two of the children had to be hospitalized.

Cargill is one of the largest privately owned makers of food ingredients in the United States. It ships products internationally as well. The patties had a February 12, 2008 expiration date and were coded UPC 0002874907056 Item #700141.

Cargill is working with the U.S. Department of Agriculture to figure out the scope of the problem. Officials had traced the source of the E.coli to a ground beef facility in Wisconsin.

E. coli is a bacterium that can be found in animals, such as cows and sheep. When meat products are not properly cooked, the bacterium can infect a person that has eaten the food product. E. coli is a foodborne bacteria that can infect humans when food that is already contaminated is undercooked. Person-to-person contact is another way to transmit E. coli. Fresh leafy vegetables, such as spinach and lettuce, and unpasteurized milk have also been known to contain E. coli.

E. coli can lead to bloody diarrhea, nonbloody diarrhea, cramping, and a sight fever. E. coli illnesses usually last between 5 to 10 days. However, kids and elderly people with a lower immune system can experience kidney failure and even death if they are infected with E coli.

The Sam's Club-Cargill recall comes on the heels of a recent recall by Topps Meat Company to pull 21 million pounds of ground beef off shelves because of E. coli worries. The recall was one of the largest in U.S. history and forced the 67-year-old privately owned company to shut down operations.

Sam's Club Beef Recalled After Illnesses, AP, October 6, 2007

After Extensive Beef Recall, Topps Goes Out of Business, The New York Times, October 6, 2007

Escherichia coli O157:H7, CDC.gov

Related Web Resources:

Sam’s Club Statement Regarding Minnesota Department of Health Investigation of Frozen Ground Beef Patties and E. Coli cases, Sam's Club Press Room, October 5, 2007

Cargill Meat Solutions recalls frozen ground beef patties, Cargill, Inc., October 6, 2007

Continue reading "Sam’s Club Pulls Cargill Ground Beef Off Shelves In North Carolina and Other US States" »

The Consumer Product Safety Commission announced on Friday that Simplicity is recalling 1 million cribs, some of them with the Graco label, after reports that three infants had become trapped, suffocated, and died in their defective cribs.

Reported deaths attributed to the cribs include:

• 9-month-old Liam Johns who died in a faulty crib in 2005.
• 6-month-old Edward Millwood who died in a Simplicity crib in November 2006.
• A 1-year-old died in a newer model that has not been recalled but is under investigation.

All three children were in cribs that had drop-rail sides that had been installed upside down. The error left a gap in the cribs where a child could fall into and suffocate.

At least seven other infants have gotten trapped in defective cribs. 55 incidents have been reported where the drop sides came off or did not hold to the cribs’ sides.

An attorney for Liam Johns said that it took the Consumer Product Safety Commission more than two years to respond to the complaint that the infant had died from a faulty crib.

Simplicity Inc. is the manufacturer of the cribs, all of which were made in China. This is the second largest crib recall since 1972. In another crib recall last June, the CPSC recalled 40,000 Nursery-in-a-Box cribs, also made by Simplicity. The recall was issued because the assembly instructions were incorrect.

The American Academy of Pediatrics offers the following tips on choosing a crib and ensuring that it is safe for use:

• Look for Juvenile Product Manufacturers Association (JPMA) certification.
• The slats should be no more than 2-3/8 inches apart. Widely spaced slats can trap an infant's head.
• All joints and parts should fit tightly, and the wood must be smooth and free of splinters.
• Check for cracked and peeling paint. All surfaces should be covered with lead-free paint safe for nursery furniture.
• The end panels should be solid, without decorative cutouts. Cutout areas on panels can trap an infant's head.
• Corner posts should be flush with the end panels or else be very, very tall (such as posts on a canopy bed). Clothing and ribbons can catch on tall corner posts and strangle an infant.
• The lowered crib sides should be at least 9 inches above the mattress support to prevent the infant from falling out. Raised crib sides should be at least 26 inches above the mattress support in its lowest position.
• The drop sides should have a locking, hand-operated latch that will not release unintentionally.
• The mattress should be the same size as the crib so there are no gaps to trap arms, body, or legs. If you can fit 2 fingers between the mattress and the side of the crib, the crib should not be used.

Injury or death to an infant caused by a defective product is grounds for a products liability claim or a wrongful death lawsuit. Manufacturers have a responsibility to ensure that their products are safe for use. Failure to do so can be grounds for a products liability case.

1 million Graco, Simplicity cribs recalled in U.S., MSNBC.com, September 21, 2007

Choosing a Crib, American Academy of Pediatrics

Related Web Resources:

About 1 Million Simplicity Cribs Recalled Due To Failures Resulting in Infant Deaths, CPSC.gov, September 21, 2007

Simplicity for Children

Continue reading "Graco and Simplicity Recall One Million Cribs After Crib Deaths" »

A study released on Tuesday shows that the number of cases where serious health issues (including personal injury and wrongful death) were caused by prescription medication has increased dramatically between 1998 and 2007.

In 1998, the Food and Drug Administration (FDA) reported 34,966 incidents where someone experienced adverse reactions to drugs. This year, the figure was 89,842. The study can be found in the Archives of Internal Medicine.

The FDA defines serious side effects to drugs as including resulting birth defect, wrongful death, hospitalization, or disability. The study results come from reports made by drug makers to the FDA.

Close to 1500 drugs were named for causing serious health injuries to users. Painkillers was responsible for a large number of health problems. The drug ranked number one as a cause of death over the eight-year time frame was Oxycodone, which was held responsible for 5,548 fatalities. The study can be found in the latest issue of the Archives of Internal Medicine.

Every year, millions of people in the U.S. take prescription drugs and over the counter medicines to treat different health problems and medical conditions or to stay healthy. It is unfortunate that the use of certain medications have lead to serious injuries, health problems, and the death of many users.

Here is a list of some of the potentially serious and deadly side effects that can occur from a "dangerous" drug:

• Vomiting
• Stroke
• Heart attack
• Insomnia
• Kidney failure
• Birth defect
• Memory loss
• Hypertension
• Stomach aches
• Death

It is frequently not until after many victims are injured or killed because of a particular pharmaceutical drug that a drug recall is issued.

Over the years, victims of the following defective drugs have filed dangerous drug claims and lawsuits against manufacturers or other liable parties:

• Celebrex
• ReNu
• Trileptal
• Ortho Evra
• Fosamax
• Vioxx
• Bextra
• Fen Phen
• HRT
• PPA

Bad reactions to prescription drugs soar, The Washington Times, September 11, 2007

Related Web Resources:

Archives of Internal Medicine

Dangerous Prescription, PBS.org

Continue reading "Prescription Drug-Related Injuries and Deaths Have More Than Doubled" »

Mattel Inc. and the Consumer Product Safety Commission have announced that they are recalling about 700,000 more toys that were made in China over worries that they contain too much lead paint. This is Mattel’s third massive toy recall since August, and more than 21 million toys have so far been affected.

In this latest recall, some 675,000 Barbie accessory toys—made between September 30, 2006 and August 20, 2007—and about 8,900 Big Band World 6-in-1 Bongo Band toys (part of Mattel’s Fisher-Price brand) are included. These toys were sold between July 2007 and August 2007.

So far, there are no reported personal injuries or wrongful deaths resulting from use of these toys. An injured child or adult, however, could have grounds to file a products liability lawsuit if their exposure to lead paint from any of the toys did cause him or her to become ill.

Barbie products include in the September 4, 2007 Mattel Recall:

Barbie® Dream Puppy House™ (lead paint on dog)
Barbie® Dream Kitty Condo™ Playset (lead paint on cat)
Barbie® Table and Chairs Kitchen Playset (lead paint on dog, chip platter, dinner plates)
Barbie® Bathtub and Toilet Playset (lead point on cat)
Barbie® Futon and Table Living Room Playset (lead paint on cat)
Barbie® Desk and Chair Bedroom Playset (lead paint on dog)
Barbie® Couch & Table Living Room Playset (lead paint on purse)

The CPSC Web site provides descriptions of the Big Band World toys that are part of the recall:

The recalled toys have two bongos, including one with a yellow and green plastic drum base with a blue drum surface. The other bongo is yellow and green plastic drum base with an orange drum surface with “It’s a Big, Big World” printed on it. The toys were sold with animal shaped accessories including a monkey, bird, tambourine and drum stick.

Lead paint is especially dangerous for young children and can lead to nervous system damage, brain damage, learning difficulties, behavioral problems, headaches, and hearing problems.

In North Carolina, a product’s manufacturer, retailer, or wholesaler are among the parties that can be held responsible if a person is injured or dies because of a defective or dangerous product.

There are three main causes for bringing a products liability claim or lawsuit.

• Strict liability
• Breach of Warranty
• Negligence

Thousands of Mattel toys recalled because of lead paint, CNN.com, September 4, 2007

Mattel Recalls Various Barbie® Accessory Toys Due to Violation of Lead Paint Standard, CPSC.gov, September 4, 2007

Fisher-Price Recalls Bongo Band Toys Due to Violation of Lead Paint Standard, CPSC.gov, September 4, 2007

Health Effects of Lead, EPA.gov

Related Web Resources:

Lead Poisoning, NSC.org

Voluntary Safety Recall Facts, Mattel.com

Continue reading "Mattel and Consumer Product Safety Commission Recall Another 700,000 Toys Because of Lead Paint Worries" »

Democratic presidential candidate John Edwards has written a letter to U.S. President George Bush asking him for better toy testing and stronger measures to keep dangerous toys that are made in China outside the American consumer market.

The former North Carolina Senator’s plea came on Wednesday, one day after toymaker Mattel recalled over 18.2 million toys, many of them made in China. The product recall consists of toys with small magnets that could easily fall off and be swallowed by children. Over 400,000 of the other toys that were recalled were die-cast car toys that were made with unacceptable amount of lead paint.

The recall also includes a number of Barbie toys, Batman toys, Doggie Day Care toys, and Polly Pocket toys. Mattel is the number #1 manufacturer of toys.

In another recall earlier this month, Mattel recalled more toys that were made in China because of reports of dangerous lead paint. Sesame Street and Dora The Explorer toys from Mattel’s Fisher-Price unit were among the toys recalled.

In a press release issued on Wednesday, Senator Edwards cited other instances this year when products made in China had to be recalled—a number of them involved dangerous toys.

August 2007: Mattel recalls 9 million Chinese-made toys because of toxic levels of lead paint and dangerous magnets.

July 2007: Fisher-Price recalls 967,000 plastic pre-school toys tainted with high levels of lead, made by a Chinese vendor.

June 2007: Approximately 900,000 tubes of Chinese toothpaste containing a poison used in some antifreeze products

June 2007: As many as 450,000 tires made in China were recalled after evidence that they could be subject to tread separation-- a problem that led to the nation's largest tire recall in 2000.

June 2007: The FDA issued an alert challenging imports of farm- raised seafood from China, after testing repeatedly found contamination from carcinogens and antibiotics.

June 2007: 1.5 million "Thomas & Friends" made in China are recalled because of toxic lead surface paint.

May 2007: A Chicago Tribune analysis of all lead recalls in the past 30 years since lead paint was banned in the U.S. finds the vast majority of 133 recalls involved Chinese-manufactured products.

March 2007: An estimated 3,500 pets died after eating pet food contaminated with melamine in China

March 2007: 21,000 Sky Ranger toy airplanes made in China are recalled after at least 45 explode in the vicinity of children.

February 2007: Hasbro recalls 1 million Easy-Bake ovens made in China; 77 children report burns after getting hands or fingers stuck.

The U.S. Consumer and Product Safety Commission and the National SAFE KIDS Campaign offers a number of statistics and facts related to toy injuries.

• In 2004, at least 16 children (9 years of age and younger) sustained a fatal toy-related injury and died as a result.
• About 161,000 children (14 years of age and younger) had to go to the hospital because of an injury from a toy. Nearly 50% of these children were 4 years of age or younger.
• The number one cause of toy-related fatalities is choking.
• Suffocation, drowning, strangulation, and accidents involving a child riding a toy were the other main causes for toy-related fatalities.
• Most injuries involving toys take place around a child’s home.
• The head and face region are among the most common areas on the body where kids sustain injuries.

If your child is injured or killed because of a dangerous toy, you could have grounds to file a products liability claim or lawsuit against the negligent party or parties.

Edwards Calls on Bush, Congress to Keep Kids Toys Safe, Campaigns and Elections, August 15, 2007

Toy Injury Statistics and Incidence Rates, Cincinnati Children's

Related Web Resources:

Mattel Issues New Recall of Toys Made in China, New York Times, August 14, 2007

List of Toys in Mattel Recall, Forbes.com, August 14, 2007

Continue reading "Former North Carolina Senator John Edwards Asks President Bush to Protect Children From Dangerous Toys Following Mattel’s Toy Recall" »