North Carolina Injury Lawyer Blog

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" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Defective Medical Devices , Products Liability

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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" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Catastrophic Injuries , Personal Injury , Premises Liability , Products Liability

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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" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Defective Medical Devices , Products Liability

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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" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Defective Medical Devices , Products Liability

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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" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Products Liability

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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" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Injuries to Minors , Products Liability

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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" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Dangerous Drugs , Products Liability

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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" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Products Liability

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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" »

Posted by Michael A. DeMayo | Permalink | Email This Post

Posted In: Products Liability

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