Pfizer Birth Control Recall Highlights Defective Drug Issues

February 9, 2012

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Giant drug maker Pfizer has come under pressure of late because it has recalled birth control pill packets it believes were incorrectly packaged, which caused women to take a lower dose than needed to prevent pregnancy, The New York Times reports.

Product liability attorneys hear examples of products coming out of the manufacturing plant defective all the time, but sadly the news doesn't spread until there's a problem. Companies often under-test their products because they want to get them on the shelves as quickly as possible.

Consumer protection laws are designed to help the public when they suffer as a result of a defective drug or defective product. Drugs are important to curing illnesses and fending off diseases. But they can also have major side effects.

While government agencies are designed to screen for these problems, the oversight is weak -- typically the Food and Drug Administration relies upon the studies conducted by the company seeking to have a drug approved. But that is still no excuse. The companies themselves are to have stringent testing protocols to make sure the products they are selling are free from serious risk. Instead, they frequently conduct mandatory testing in third-world countries, far from the prying eyes of regulators.

In this situation, Pfizer, a leading pharmaceutical company, recalled about 1 million packets of birth control pills. The company believes as few as 30 may have actually been affected. While that's a low percentage, that is still 30 people, potentially, who were using birth control and may now be pregnant.

The 21-pill "blister" packs typically contain 21 hormone-containing pills and seven inactive pills for women to be protected from an unwanted pregnancy. In some packages, the inactive pills may have been put in the wrong spots, meaning women could have taken inactive pills on days when they should have been taking active pills. This could lead to an unplanned pregnancy.

The Times reports that it asked Pfizer if it was going to pay for health care costs related to a pregnancy or abortion and other issues, but the company hasn't directly answered the question. The company said in a written statement that women should use a non-hormonal contraception immediately.

Consumer protection laws may very well be useful to people who are affected by this issue. Women take birth control specifically because they are not ready or willing to have a child. In some cases, they have a serious medical condition that could impact the health and welfare of mother or child.

Obviously, users understand that the drug may not completely stop pregnancy, but it becomes a bigger problem if it is a manufacturing issue that leads to the defect. Regardless of the type of drug, consumer protection laws can help.

Even if the drug is designed to treat a certain ailment or problem, the effects - unintended or otherwise - of the drug can cause bigger problems than the initial symptoms. These are also issues that must be addressed by an experienced consumer protection lawyer. These drug companies make billions of dollars, but that's no excuse for putting people at risk. Despite testing, sometimes the process is rushed and that creates problems for the consumer that can lead to serious or fatal injury.

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Johnson & Johnson Delayed Reporting Defective Product, FDA Says

January 19, 2012

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Johnson & Johnson has come under scrutiny lately from the U.S. Food and Drug Administration, which reports that the company delayed reporting to consumers that insulin pumps they created were having problems, the Associated Press reports.

Our defective medical device lawyers recognize that not every product that comes out of the manufacturer's plant is going to be perfect. In fact, many are going to be flawed.

But many defective medical products and defective drugs could be made better if not for rushed production by companies trying to maximize their profits. While there are procedures and mandatory testing put in place, the system doesn't always do enough to prevent bad products.

And these rushed products can lead to major injuries for consumers. Any type of drug or product that a person puts into his or her body or uses to treat other problems can have side effects. Sometimes these side effects are worse than the original ailments and often can lead to major medical issues.

In this case, the Associated Press reports that this is Johnson & Johnson's seventh business that has come under scrutiny in recent months. The company was once seen as a pillar of consumer safety, when decades ago it recalled Tylenol bottles that had been poisoned. It now faces major problems.

A unit of the company produces insulin pumps for diabetics that are known to fail, and yet, Johnson & Johnson continued to sell them, the FDA said. Now, the government regulation agency could impose fines and other sanctions, not only because of the faulty pumps, but also because the company didn't disclose that information quickly enough.

The agency sent a letter to the company in late December asking why it didn't report a complaint about a serious patient injury and delayed reporting two other complaints. Those patients were hospitalized after experiencing high blood sugar, respiratory failure and coma and other life-threatening complications because of a lack of insulin.

Since September 2009, Johnson & Johnson has faced 30 product recalls, the latest coming in recent weeks. Millions of bottles of non-prescription medicines for adults and children, prescription drugs that treat HIV and seizures, hip implants and contact lenses have all been under scrutiny. The reasons for the recalls range from contamination with metal shards and glass particles to some patients experiencing nauseating smells and incorrect levels of active drug ingredients.

Company officials said the reason they didn't report the problems initially was because they believe patients used the pumps improperly, which caused their injuries. The company told the Associated Press it will report all problems from now on.

In 2010, Johnson & Johnson's recalls cost them more than $900 million in lost revenue when products were lifted from shelves. Millions more was lost for legal expenses and factory upgrades.

But these problems can cost patients their lives. This is why companies must be more diligent in their handling of these products and drugs. Defective products and drugs are a major problem in this country because so much research is being done to try to find cures. But a company's primary goal is typically to maximize profits.

This causes problems for consumers and the companies themselves. Do your research when using a new drug and look for side effects and other problems. Just because a product or medical procedure has been approved, doesn't mean it's safe.

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French PIP Breast Implants Come Under Scrutiny Worldwide

January 5, 2012

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Authorities worldwide are warning women who had breast implant surgery to get checks because the French company that produced the implants has been accused of using defective material.

Breast implants for years have come under scrutiny after problems emerged; implants have leaked and other health and welfare issues have been associated with defective breast implants.

Our defective product attorneys recognize that breast implant surgery is more common today than ever before since it has become more affordable. It is commonly done on women who have had breast cancer and require the surgery. Others decide to get the elective surgery simply to improve their looks or self esteem.

And as the product has become safer after years of testing and monitoring, there are still risks. The surgery itself can be dangerous, but the product can have long-lasting effects if it is defective.

The U.S. Food and Drug Administration warns women with breast implants have a small, but possible risk of developing ALCL, or anaplastic large cell lymphoma. Scientists examined cases of 34 women with implants on top of reading expert writings, manufacturer literature and other information.

Since there are five to 10 million breast implant recipients worldwide, such a small study can't say that implants cause the disease. While the case number is small worldwide and it's unclear how much of a connection there is, the agency warns women that silicone- and saline-filled implants can lead to the illness after noticing changes in the look or feel around the area of implant.

Czechoslovakia government officials have told women to undergo checks of their implants if theirs came from the French company Poly Implant Prothese SA, which is now defunct. Distribution of the implants were halted in 2010 after a woman died from cancer after having breast implant surgery.

The Australian consumer goods agency is now investigating PIP implants as well. The Australian Broadcasting Corporation reports that some 400,000 women worldwide ordered the implants. The company went bankrupt in 2010 after an investigation into the business found it was using an unapproved and less-expensive industrial grade silicone in some of its products. The gel was found to increase the risk of leaks and lead to cancer.

The Australian news report goes on to say that new information out of France states that the risk may be higher than once thought, though that hasn't been confirmed. It's also possible that France officials will pay for removal of the implants, but other countries haven't been as quick to act. Based partly on the FDA report that the cancer is rare and not conclusively linked to the breast implants, some experts don't necessarily agree that there is an increased risk of cancer.

Certainly, a leaking breast implant isn't a good thing because foreign objects would be introduced into the body. And given that there is even some evidence that women with breast implant leaks have gotten cancer, all women who have implants should take note. These defective products obviously come with a risk that can be avoided and it's on the manufacturer to make sure they are created properly.

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Government Reports Toys Safer This Holiday Season, But Defective Products Still Exist

December 5, 2011

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The U.S. Consumer Product Safety Commission, the organization dedicated to ensuring consumer products are safe, recently reported that recalls of child toys are down.

That's likely because there are plenty of stringent guidelines that companies must take into consideration when they are producing consumer goods, especially children's toys. Still, that doesn't necessarily mean that every single new toy this holiday season is going to be safe for children. That is why parents and other adults who buy toys must remain vigilant.

Our product liability lawyers have seen children injured or killed because of bad products. And, sadly, it usually takes a tragic accident or more than one incident before companies voluntarily recall products that are defective.

And sometimes it requires more than one accident before companies are willing to admit fault. They are sometimes forced into it by the CPSC and other safety organizations. Manufacturers of toys and other products realize that a recall means bad public relations and a big loss of money. Yet, they don't consider the harm that can be done to the consumers they are catering to -- children.

The recent press release reports that stronger federal rules about production of toys and other children's goods are helping to restore the public's confidence in toy safety. There are some new toy safety guidelines:


  • Low lead content and lead paint limits worldwide

  • A stringent limit on phthalates

  • Converting voluntary toy standards into mandatory standards

  • Third-party testing required and certification for toys aimed at children 12 and younger

  • New limits for cadmium in toys

  • Tracking shipments with border protection agencies to increase seizure of dangerous imported toys


Since 2008, there has been a decrease in the number of toy recalls. In the fiscal year for 2011, there were 34 recalls, down from 46 the year before, 50 in 2009 and 172 in 2008.

Small balls, rubber balls and balloons were attributed for nearly half of the 17 fatalities reported in 2010. That was up 2 from 2009. This shows that there are still inherent risks for certain types of toys. Consumers must use common sense when considering which toy to buy.

Some safety tips for consumers:

Balloons: Children can choke or suffocate on deflated or broken balloons, so throw them away if they're broken.

Small balls and toys with small parts: Keep away from children under 3.
Scooters and riding toys: They can go fast and falls can be fatal. Require helmets and safety gear.

Magnets: For children under 6, avoid toys with magnets.

Everyone wants their children to enjoy the toys we buy them, but we don't want them to be harmed. Take a common sense approach to products that you may question as being dangerous. Regulators can only do so much to make a difference. Your children are relying on you.

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Cadillac, Toyota Recall Thousands of Defective Vehicles

November 14, 2011

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The Associated Press is reporting that Toyota recalled more than 550,000 vehicles worldwide because of a steering problem it discovered, while GM is recalling nearly 700 Cadillacs because of a brake issue, UPI reports.

You would think by now vehicle makers would be at the point where the number of vehicles they have to recall would be limited. They spend years building vehicles and have top-notch designers coming up with the newest concepts for safety and technology. Yet here we are at the end of 2011 and half a million cars are going to have to be repaired because of problems that could potentially lead to a serious or fatal accident.

Don't misunderstand. Our product liability lawyers are thankful that companies voluntarily, and sometimes with pressure from the government, recall vehicles that can be dangerous to consumers.

But defective vehicles are much more serious of an issue than other products that can be called back after a problem is discovered. These are several-ton vehicles that can be driven at speeds over 100 mph. They are killing machines if not properly handled right and certainly if they are designed poorly.

Car companies have many standards to hit in terms of safety and making sure that in a crash a person will be relatively safe. But they apparently lack when it comes to ensuring that a vehicle will work correctly.

This comes with many still remembering the braking issues that Toyota had in recent years that led to several deaths. According to the Associated Press, the Toyota recall affects 447,000 vehicles in North America, along with another 100,000 abroad. The models include Camry, Highlander, Sienna, Solara, Avalon and Highlander HV.

The company has received about 80 reports of a defect in steering going back to 2007, but the company says there are no reports of accidents or injuries. In the last two years, the companies have recalled nearly 14 million vehicles.

Consumers should be aware that if a strange noise is heard coming from the engine, they are urged to make an appointment with a Toyota or Lexus dealer to get the vehicle inspected. If parts are required to fix the issue, they will be furnished without a charge to the consumer.

The Cadillac issue relates to a brake boost push rod issue in its 2012 model year Cadillac CTS vehicles made in a five-day period in October. Nuts holding the power vacuum brake boost push rods may not be torqued to the proper specifications, according to the National Highway Traffic Safety Administration.

The issue could cause a nut to loosen and allow the brake boost push rod and the brake pedal to separate. GM has told consumers they will service the vehicles for free.

Thankfully, the companies are able to get the word out about the recalls so that people who have these vehicles can get them fixed. But considering that vehicles can cost tens of thousands of dollars, they should be right the first time.

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As Holidays Approach, Beware of Defective Child Products

November 9, 2011

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With Halloween passing and Thanksgiving on the horizon, the holiday is officially here. And that also means that parents will be shopping for presents for their children.

As the U.S. Consumer Product Safety Commission recently reported, Spin Master Inc. agreed on payment of a $1.3 million civil penalty for not reporting the defective and hazardous nature of Aqua Dots. The children's craft kit stuck together when water contacted it, allowing children to create different shapes.

Defective products come in all shapes and sizes. For children, there are millions of toys available at department stores, specialty toy stores and online. While the first thing people may look for is what the child is interested in, they must also consider the potential risks of the toy.

Our defective product attorneys have seen many children harmed by dangerous products. Like any industry, the toy industry rewards those who get their products out quicker. The more advertisements on television and in weekly fliers, the more profits between now and the new year.

But companies are required to test products to ensure they are safe. And they must report if there are defects that could pose a safety risk to children. In October 2007, Spin Master received reports that children were becoming sick after swallowing Aqua Dots. The company also found out the children who ingested a similar product containing TMG were also getting sick. That product was manufactured oversees.

The next month, the company received reports that children had ingested its product, fallen ill and into comas and required hospitalizations. It took several days before the company and the CPSC recalled about 4.2 million packages of the product. The recall noted that children who swallow the beads can fall into comas, have seizures or develop respiratory problems as a result.

The kits were sold for between $17 and $30 from April to November 2007. Spin Master had an outside testing company analyze the toxicity of the product, but the CPSC found it to be inadequate. Federal law requires companies to report problems within 24 hours after hearing of a defect than can cause injury, potential harm or death.

But companies often will wait longer, taking time to strategize about the best way to handle the situation rather than focusing on the safety and well-being of consumers.

This holiday season, please do a good job of looking at the products you are buying for children in your family. Be sure there isn't a choke hazard or that the child is old enough to avoid a potential problem. Some companies won't take the time to warn consumers until it's too late, so consumers must take on that role themselves. The holidays are the time of year we most often bring new products into the home. Too often, a victim and family blame themselves for injuries caused by defective products. Such cases should always be reviewed by experienced legal counsel.

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Company Fined $1.1 Million For Not Reporting Choking Hazard in Toy Gun Sets

October 18, 2011

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A New Jersey-based toy company has been fined $1.1 million by the U.S. Consumer Product Safety Commission because it didn't report that a toy dart gun set was a choking hazard to children.

With the holiday season near and toy companies rushing to put out millions of toys, there are bound to be defective children's products on the market this time of year.

Sadly, the companies that are seeking the millions of dollars in revenue are sometimes more concerned with producing toys than ensuring they are safe. While there are standards that must be met, corners are cut in order to push the products onto the shelves faster. And to maximize profits, of course.

This means that parents must be ever more vigilant when looking over presents, deciding what to buy and watching their children when they play -- particularly with new toys. Injury cases can range from the minor to tragic disfigurement, amputation injuries, suffocation and death. Consumer protection lawyers work to hold defective product manufacturers accountable.

In this case, the Plainfield, N.J. company, didn't report a defect in the "Auto Fire Target Set" under federal law. The company knew in 2006 that the toy set was defective because if children place the soft plastic toy dart in their mouths, it can be inhaled and block their airwaves, causing them to lose the ability to breath.

The company recently agreed to the $1.1 million settlement with the commission, which is charged with ensuring product safety by enforcing federal laws. When staff investigated the issue in 2009, it alleges the company misrepresented the problems with the product and its knowledge of the defect.

In May 2010, 1.8 million of the sets were recalled by the commission and Family Dollar Stores because the company refused to conduct the recall. By then, three children had died as a result of choking on the dart sets. Family Dollar exclusively sold the toys between September 2005 and January 2009 for $1.50.

Federal laws state that manufacturers, distributors and retailers report within 24 hours after they get information that a product contains a defect that could cause a hazard, creates a risk of serious injury or death or doesn't comply with consumer product safety rules.

In agreeing to the settlement, the company denies allegations that there was a defect or it violated the law, the commission states.

While a settlement may allow the company to deny any allegations of wrongdoing, the allegations were that the company sold a bad product and clearly didn't take the steps to correct the problem. Three children died as a result. These were preventable deaths that didn't need to happen.

So, as we approach the holiday season and you consider buying toys or other products for your children, don't just look at price. Consider the potential hazards that such a product may pose, because the company that made it may not have taken that into consideration in its rush to make money.

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Toy Workshop Sets Pose Choking Hazard in New York, Nationwide

October 4, 2011

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The U.S. Consumer Product Safety Commission announced recently that Little Tikes has expanded its recall of toy workshop and tool sets because of choking hazards for small children.

You'd think by now companies who create children's toys wouldn't create small, plastic pieces that are easily swallowed by kids. Defective children's products in Washington D.C., New York, Florida and throughout the country pose a health risk to young kids everywhere.

Our New York product liability lawyers never like talking with family members of someone who died because a product didn't work like it was supposed to. It's heart-breaking when a child is lost because they choked on a toy that had design flaws. The bottom line is these companies must be held liable for their negligence.

It's inexcusable that companies rush their designs to the production lines just to make more money -- particularly when those products are marketed to families with young children.

It's October, which means the holiday season is just ahead of us. Many people will be shopping for toys for family members and their own children. This is a time for parents to be extremely cautious of new toys and to keep an eye on infants and toddlers, who are more apt to put toys in their mouths.

According to the CPSC, Little Tikes, a Hudson, Ohio company, recently expanded its recall of the Little Tikes Workshop and Tool Sets. More than 1.7 units, on top of the 1.6 million that were recalled in August 2009 are now being recalled.

The oversized, plastic toy nails have been identified as being a choking hazard to young children. There have been two incidents in which small children choked on the toy nail after it became lodged in their throat. The CPSC reports both children were treated at a hospital and made full recoveries.

The toy nails are a little more than 3 inches by 1 inch and are made with soft plastic, easily able to be swallowed by young children. These sets were sold nationwide and with millions of them sold, the company brought in millions of dollars between 1990 and 2004. The sets sold between $25 and $100.

The company should be contacted if you have purchased this set in order to get a refund. Little Tikes can be contacted at 1-800-321-0183 between 8 a.m. and 8 p.m. EST.

Please take note of product recalls, which can range from children's toys to products that cause electrical short circuits to vehicles that have a problem with the braking system. Companies often bypass safety and sacrifice it to make more money. This is a shame, but it's something we must live with in these competitive times in the global marketplace. This means consumers must be even more diligent in checking products for safety concerns.

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Dehumidifiers Recalled Due to Short Circuit, House Fire Risk

September 20, 2011

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The U.S. Consumer Product Safety Commission has recently announced a recall of two brands of LG Electronics dehumidifiers that have been known to short circuit and spark home fires. Such fires have already caused more than $1 million in damage.

The Goldstar and Comfort-Aire Dehumidifiers, sold at Home Depot, Walmart and various Hardware stores throughout the nation, have been made with manufacturing defects that have caused people's homes to catch fire, the CPSC reports.

It's been said many times that products made years ago were made to last and were better quality. With constant recalls due to defective products in New York and throughout the country, it's easy to see why.

Companies are constantly cutting corners to maximize profits and push the newest and greatest product into the marketplace. It makes them more money if they get the product out first, even if it has problems later. It's a strange logic, but many times, making sure consumers see who has the ground-breaking product first can give them market dominance.

Product liability attorneys understand the risks. From defective Toyotas to dangerous children's products and electronic appliances that are deemed a fire hazard, companies are too often guilty of rushing products onto store shelves without proper regard for consumer safety.


The CPSC reports that 98,000 of the dehumidifiers have been recalled because the power connector for the compressor has been known to short circuit, posing fire and burn hazards.

This product was first recalled in December 2009 after 11 events, including four fires that did damage. Since then, the company got 16 new reports of smoke and fire associated with its product. While no injuries have been reported, the CPSC reported significant fire damage to these homes:


  • $500,000 in Gibsonia, Pa.

  • $200,000 in New Brighton, Minn.

  • $192,000 in Valparaiso, Ind.

  • $183,000 in Hudson, Mass.

  • $139,000 in Salem, Ohio

  • $129,000 in Brielle, N.J.

  • $95,000 in Philadelphia, Pa.

Only two percent of the 98,000 consumers who bought these dehumidifiers have responded to the recall. Meaning either that the company is not doing a good enough job getting the word out, or consumers aren't taking the recall seriously.

With fall and winter coming, many people may soon be putting away their dehumidifiers until warmer and wetter weather returns next year. But it's also a time when space heaters, holiday lights and a host of other products may present hazards of their own in the home.

Some faulty products can pinch fingers or fall apart, causing amputation injuries. Choking hazards for children is a common recall cause. Electrical equipment that can cause fires is a major issue.

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Honda Recalls 80,000 Vehicles Due to Fire, Transmission Hazards

September 6, 2011

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Honda is recalling more than 80,000 2006 CR-V crossover sport utility vehicles because of a potential fire hazard in the vehicle's power windows, The New York Times reports.

The newspaper also says the Japanese automaker is recalling 5,600 CR-Z hybrid vehicles from 2011 because manual transmission models have a flaw in the software that can cause a vehicle to unexpectedly move backward or forward.

Obviously, it is concerning that a vehicle maker would create a vehicle that not only could catch fire, but also move suddenly without the driver's intent. But it's far from uncommon. The Product Liability Attorneys Blog recently reported that Ford recalled more than 1 million trucks because corrosion problems can cause the fuel tanks to catch fire.

Hiring an experienced Florida Automobile Defect Attorney can be prudent if your vehicle caused you to get into an accident unexpectedly and through no fault of your own. Vehicle defects in Washington D.C., New York, Florida or nationwide can be alarming because vehicles are so expensive and we rely on them for safe travels.

When these heavy and dangerous vehicles break down or have major flaws because of manufacturing defects, many people can be affected. People have died or been seriously injured and even criminally charged because of their vehicle's faulty makeup. Yet, it sometimes takes years for a company to notify the public and come clean about their problems.

In Honda's case, the company says the Honda Fit was already recalled because of a power window master switch problem that caused fires. The Fit, along with the two recently recalled vehicles, were part of a 962,000-vehicle recall worldwide. The 2007-2008 Fit models were recalled for a similar problem -- a defect that allowed water to reach the master switch, which could cause short-circuiting and fires.

After the Fit recall, the National Highway Traffic Safety Administration investigated the same issue in the CR-V and CR-Z models, leading to the most recent recall. Honda doesn't know of anyone who has been injured or died as a result of the CR-V issues. One person died in South Africa because of the Fit problem.

Only recently, the company recalled 1.5 million Honda Accords from 2005 to 2010 because of transmission problems.

It's pretty scary to think that someone could be killed in a vehicle because it was created poorly or rushed in order to maximize profits. Vehicles are complex and can be killing machines if not created and used properly.

Consumers pay tens of thousands of dollars for these machines and expect them to work properly, no matter what. It is simply unacceptable to spend that kind of money and not get a quality product out of it.

And if these manufacturing defects cause the vehicles to have problems, it can open the automakers up to liability under the law. When a defect causes a serious or fatal accident, the company can and should be held responsible.

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Study: Women Still Using Dangerous, Recalled Weight-Loss Drug

August 16, 2011

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A recent study suggests that women are so desperate to lose weight that they are still using a weight-loss supplement from China that has been recalled in the United States for its use of dangerous ingredients, U.S. News & World Report says.

Defective drugs, those banned because manufactures use dangerous ingredients or don't fully test the possible side effects of a product before releasing it, can lead to serious or fatal injuries. And considering how important image is to American women, it's easy for our New York Defective Drug Attorneys to see why they would desire to use weight-loss drugs. But these supplements must be used carefully and consumers should always first do as much research as possible on the drug before using it. You should know what you're putting into your body.

According to the article, the drug Pai You Guo contains phenolphthalein and sibutramine, both pharmaceuticals that are banned here because they can cause stroke, cancer and heart attacks. In 2009, the U.S. Food and Drug Administration announced a recall of the weight loss supplement, but a study in Boston shows the recall hasn't dissuaded women from using the drug to get slimmer waist lines.

Harvard Medical School surveyors contacted over 550 women born in Brazil and who live in greater Boston and discovered nearly 1 in 4 have used or still do use the drug. Most people who were using the supplement reported experiencing side effects like addiction to the product, insomnia, fainting and palpitations. The study also found that women who used the supplement are more likely to buy the drug at a local store than to buy it over the internet.

"Even when the supplements are known to be hazardous, the FDA lacks the ability to remove them from store shelves," notes the study's author, Dr. Pieter Cohen, an assistant professor of medicine at Harvard Medical School. The researchers said that without stronger regulations, people shouldn't use any supplement that says it will help them lose weight.

Having the dedication and resources to go on a diet and stick to it are difficult, which is why people are always looking for shortcuts. Miracle diets and miracle drugs are always being touted as the next great thing. But searching the FDA's website to determine whether or not the drug is dangerous is important.

No one should take a drug without first doing the proper research and consumers shouldn't take a drug or product that has previously been banned or recalled. But there are times when a drug hasn't been banned by the government and it can still have ill side effects on a person.

It's sometimes possible that the product passes through a litany of testing and hits the open market only to cause problems for consumers. Weak testing and companies quick to push a product into the marketplace can sometimes cut corners, which can cause sickness and even death as a result of dangerous or defective medical products.

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Ford Recalls More Than 1 Million Trucks Over Fire Danger

August 2, 2011

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Ford announced recently it was recalling more than 1 million pickup trucks, including the F-150, because corrosion problems can cause the vehicles to catch on fire, the Los Angeles Times reports.

Our product liability lawyers have seen over the years how defective vehicles have injured innocent and unsuspecting drivers. When a driver is injured because an automobile has material defects, he or she deserves to be compensated. Such defects can also contribute to an accident or be the cause of injuries sustained in the accident.

In the current recall, the newspaper reports, Ford says that straps that hold the fuel tanks to the truck can corrode after heavy use, potentially leading to fires if the tank drops and leaks. The problem caused one injury and three vehicle fires that the company knows about.

The models and years that were recalled:

  • 1997 to 2003 Ford F-150
  • 2004 F-150 Heritage
  • 1997 to 1999 F-250
  • 2002 to 2003 Lincoln Blackwood

This follows action taken in April, when Ford recalled 1.2 million vehicles because front-seat airbags could inflate without the vehicle being involved in an accident. The newspaper reports that owners of these vehicles can bring their trucks in for free repairs.

Recalls almost always take some type of accident or problem before an issues is fixed. Large companies rarely are proactive in putting out recalls because it is a huge cost to them. After consumers have purchased a product and it is found to be defective, companies either have to replace or repair it, which hurts their bottom line.

Vehicle companies have had scores of recalls throughout the years. Some that probably come to mind are when Toyota had problems with gas pedals getting stuck, and when Firestone tires used on Ford Explorers were apt to blowouts, which led to a recall scandal a decade ago.

Vehicles are different from other products. If a person's vacuum has a defect, it can be replaced and no one usually gets hurt. But an automobile can be as dangerous as a weapon and manufacturers must make sure they get it right -- the first time.

Recall information for vehicles can be found online through the government-run website recalls.gov. There, consumers can search by a specific make and model, search for car seat recalls, tire recalls and other vehicle-related product pull-backs. The site also allows consumers to search for non-motor vehicle products.

Sometimes, companies are so motivated by profits and shareholders' desires that they cut corners on their product. And in the case of motor vehicles that can lead to injuries and death. Consumers require protection and while there are safety standards in place, it's obvious that they can be skirted.

Perhaps help is on the way. As The Detroit News recently reported, two senators introduced a proposal to overhaul the nation's motor vehicle safety laws that would hike the maximum fine for failing to recall an unsafe vehicle from $16.4 million to $250 million. The huge jump in fines would give the National Highway Traffic Safety Administration the ability to more strongly enforce safety issues. Toyota was fined about $50 million last year for three separate recall incidents, the newspaper reports.

Continue reading "Ford Recalls More Than 1 Million Trucks Over Fire Danger" »

Macy's Fined $750,000 For Failing to Report it Sold Children's Clothes That Posed Choke Hazard

July 19, 2011

mrnp1Wu.jpgThe U.S. Consumer Product Safety Commission recently announced that giant retailer Macy's agreed to pay a $750,000 civil penalty for selling children's outerwear with neck drawstrings, which pose strangulation risks, and some clothing that had been recalled, The Associated Press reports.

Many think of defective products for children typically as strollers, cribs, car seats, bedding and other products that get recalled because tots can get their fingers pinched or because they are manufactured improperly. Most consumers have few concerns about clothing, so it's scary to think that clothes for kids can be a potential hazard. But our product liability lawyers in Washington D.C., New York and Miami are prepared to work on behalf consumers injured by any type of defective products.

Macy's denied the U.S. Consumer Product Safety Commission's assertion that it knowingly violated the law. The commission alleged that the retailer failed to immediately report it had sold children's sweatshirts, sweaters and jackets with drawstrings at the neck between 2006 and 2010. The clothing was also sold at Macy's-owned stores, including Robinsons-May and Bloomingdale's. The products had been recalled but the store continued selling them, according to the government.

The commission received 28 reports of children who have died since 1985 when drawstrings became entangled with an object, The Associated Press reports.

Federal law requires manufactures, distributors and retailers to report to the CPSC within 24 hours of obtaining information reasonably supporting the conclusion that a product contains a defect which could create a potential hazard, creates an unreasonable risk of serious injury or death or fails to comply with any consumer product safety rule.

In 1996, the CPSC issued guidelines to prevent children from strangling or getting entangled in the neck and waist drawstrings of upper outerwear, such as jackets and sweatshirts. In 2006, the commission announced that children's upper outerwear with drawstrings would be regarded as defective and presented a substantial risk to young children.

To see a list of products that were recalled and still sold at Macy's stores, click here. A press release provides links about the products as well as pictures.

According to Macy's, the company had 2010 sales of $25 billion and includes 810 department stores and furniture galleries in 45 states, the District of Columbia, Guam and Puerto Rico. Bloomingdale's has 41 stores.

It's scary that retailers, especially one as large as Macy's, would withhold information from consumers, especially when they pour $25 billion into the company each year. Consumers are injured and even killed each year from products that fail to work as they should. And our children, especially, should not be put at additional risk simply for wearing a certain style of clothing.

Our firm is dedicated to helping consumers who have been hurt by products they purchased with their hard-earned money. And consumers themselves can take action. The commission recently created Saferproducts.gov, which allows everyone access to information about the products they choose to purchase. Learn more about this tool at Product Liability Attorneys Blog.

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Fireworks, Lighter Fluid Cause Injuries This Fourth of July

July 1, 2011

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With the Fourth of July right around the corner, families will be celebrating during the holiday weekend with swimming, fireworks and barbecues.

But the U.S. Consumer Product Safety Commission has put out warnings about fireworks and has recalled a certain type of lighter fluid.

Our product liability attorneys believe it is important to be extra vigilant when it comes to safety during this holiday weekend. Consumers will be using many products in celebrating time off from work or spending time with family and friends. Defective products can turn a joyous celebration into a tragedy.

The commission recently issued a recall of NAPAfire and FIREGEL lighter fluid products. Along with the commission's recommendation, the company voluntarily recalled about 460,000 bottles and jugs of the product.

According to the commission, the pourable gel fuel can ignite unexpectedly and splatter onto people and objects nearby when it is poured into a firepot that is still burning. This hazard can occur if the consumer doesn't see the flame or isn't aware that the firepot is still ignited. Splattered fuel gel can pose fire and burn risks to consumers.

Consumers are warned to immediately stop using the pourable gel fuel and return the one-quart or one-gallon containers to the retailer where they were purchased. They are sold online as well at Bed Bath & Beyond, specialty and garden stores nationwide.

According to the National Fire Protection Association, there were about 7,700 annual fire department calls of home fires involving grills between 2004 and 2008. The fires caused $70 million in property damage.

And the association reports that flammable or combustible gas or liquid was the item first ignited in half of home outdoor grill fires. So, it is important to be especially careful when using a grill this summer.

And with barbecues and parties will come fireworks this holiday weekend. Fireworks are fun, but pose serious health risks that many people may not consider. According to the commission's 2010 fireworks report, about 8,600 people were injured in 2010 from fireworks and three people were killed.

Most of those who were injured -- about 6,300 -- were hurt between June 18 and July 18 of 2010, the prime time for fireworks usage. Sparklers contributed to 1,200 injuries and rockets and small and large firecrackers were also to blame.

Children younger than 19 made up 52 percent of those who were injured and 65 percent of those injured were male. Burns were the most common type of injury, along with contusions and lacerations, fractures and sprains and other types of injuries. Hands and fingers, eyes, heads, legs and arms were the most common places on a person's body injured from fireworks.

While all these statistics don't mean you are likely to be injured, the danger is there and our firm hopes you will heed to these safety tips if using fireworks this summer:

  • Never allow young children to play with or ignite fireworks.
  • Avoid buying fireworks that are packaged in brown paper because this is often a sign that the fireworks were made for professional displays and that they could pose a danger to consumers.
  • Always have an adult supervise fireworks activities. Parents don't realize that young children suffer injuries from sparklers. Sparklers burn at temperatures of about 2,000 degrees - hot enough to melt some metals.
  • Never place any part of your body directly over a fireworks device when lighting the fuse. Back up to a safe distance immediately after lighting fireworks.
  • Never try to re-light or pick up fireworks that have not ignited fully.
  • Never point or throw fireworks at another person.
  • Keep a bucket of water or a garden hose handy in case of fire or other mishap.
  • Light fireworks one at a time, then move back quickly.
  • Never carry fireworks in a pocket or shoot them off in metal or glass containers.
  • After fireworks complete their burning, douse the spent device with plenty of water from a bucket or hose before discarding it to prevent a trash fire.
  • Make sure fireworks are legal in your area before buying or using them.

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Defective Diabetes Drug Actos Banned in Europe, Watched in USA

June 15, 2011

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CBS News reports that Actos has been pulled from the market in France and Germany after the popular diabetes drug was linked to bladder cancer.

Defective Medical Product Lawyers represent the many people who are prescribed drugs to help fend off an illness or disease only to find out that the company hid crucial information regarding side effects and other problems. Drug companies are constantly in a rush to find the next big cure and sometimes that harms patients because companies haven't done enough research on the products they have created. If you have been harmed by a defective drug, don't hesitate to seek justice.

CBS reports that the French Medicines Agency pulled Actos along with Competact, a drug that combines Actos and metformin, after a government-backed study found the drugs increase the risk of bladder cancer. The agency told French doctors to stop prescribing the drug and advised people already taking it to consult with their doctors.

Actos' parent company, Takeda, told news agencies that a 10-year U.S. trial, started in 2003, hasn't shown bladder cancer risk.

The U.S. Food and Drug Administration began reviewing Actos in September, putting it on its MedWatch list.

The FDA reports that it has been studying Takeda's 10-year trial and at the five-year mark there was no statistically significant association between the drug and bladder cancer risk. But patients with the longest exposure to the drug did have an increased risk of bladder cancer. The FDA performed further analysis looking at how long patients were on the drug and the total amount of the drug they received. The agency recommended that healthcare professionals continue following recommendations on the drug label and patients should consult with their doctor if they are concerned.

It's obvious from the FDA's MedWatch list that drug companies have many problems with their products. To date, there are 99 entries of defective drug products or warnings to consumers about possible problems.

Unfortunately, the drug industry is fueled by big money and drug companies are constantly trying to produce as many as possible to flood the market and get maximum exposure. It brings in shareholders and big profits. But in the rush to produce these products, sometimes they act too quickly, which can be damaging to the patient.

Doctors are required to give patients all the information about a drug possible so patients can make the best possible decision regarding their health and well-being. The elderly are especially at risk because many older Americans take multiple medications, some which can conflict with each other. It is a doctor's job to help you stay healthy.

But because of the complexities of dangerous and defective drug claims, it is imperative that you contact Defective Medical Product Lawyers immediately if you or a loved one is harmed by medication you were prescribed. Waiting only hurts your case. Our firm works on a contingency fee basis, which means we don't get paid unless we win your case. So, if you believe you have been harmed, call us today and set up a free consultation.

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