Pennsylvania Personal Injury Blog

The 5800 series intra-aortic balloon catheters were recalled by manufacturer Teleflex on December 22 after patients reported that it got “stuck in sheath.” If a user can’t move it forward or backward, it leads to a delay in therapy. The Philadelphia Inquirer reports that the U.S. FDA issued a class 1 recall because these catheters have the potential to cause serious health issues, even death.

Millions of people use catheters and assume they work properly. If they are defective, the medical device manufacturer must be held accountable for putting lives at risk. The FDA is responsible for the testing and approval of all medical devices, but sometimes defects and safety concerns aren’t apparent until the device is on the consumer market. When this happens, serious injuries can occur.

If you have suffered a serious personal injury or have lost a loved one as a result of a defective 5800 catheter or other medical device, contact an experienced Pennsylvania defective product lawyer to find out more information about your legal rights and options.

In such cases, injured victims can file a product liability claim against a manufacturer, seeking compensation to cover medical expenses, cost of additional surgery or treatment, hospitalization, and other related damages. If the defective product caused a death, then the family of the deceased victim can bring a wrongful death claim against the manufacturer of the defective product. At Cherry Fieger & Marciano, LLP our Philadelphia defective product attorneys can discuss your case with you and will work hard to determine whether a defective medical device was properly designed and manufactured. We will also investigate if there were adequate warnings on the device and if testing requirements were followed correctly. Call today for a free consultation.

The government warned that baby slings can be dangerous, even deadly for little ones. According to this Associated Press article, the Consumer Product Safety Commission said it investigated at least 13 deaths associated with sling-style infant carriers over the last 20 years, including three deaths last year. One other case involving a fatality is still being investigated. Twelve of the deaths involved babies younger than four months of age.

The CPSC said that slings can pose a suffocation hazard in two different ways. A sling’s fabric can press against a baby’s nose and mouth, blocking the baby’s breathing and suffocating a baby within a minute or two. Also if the baby is cradled in a curved or “C-like” position, nestling the baby below mom’s chest or near her belly, it can cause a baby who doesn't have strong neck control to flop its head forward, chin-to-chest, restricting the infant's ability to breathe.
They are advising parents and caregivers to be cautious when using infant slings for babies younger than four months. Many of the babies who died in slings were a low birth weight twin, were born prematurely, or had a cold.

In 2008, Consumer Reports raised concerns about slings and some two dozen serious injuries, such as skull fractures, mostly when a child fell out of the carrier.

The “SlingRider” by Infantino has been singled out for criticism because of the curved position that the baby can fall into while inside the sling.

The SlingRider was recalled in 2007 for problems with the plastic sliders on the sling’s strap. There have been no recalls because of a suffocation risk.

Continue reading "Infant Deaths Prompt Government Warning on Slings" »

According to a report by Fox News, 10 million cans of the popular diet drink Slim-Fast have been recalled by its parent company, Unilever PLC. Unilever claims that this move is strictly precautionary. They believe that the cans may possibly be contaminated with bacteria that can make consumers ill, but were quick to point out that the recall only affects their “Slim-Fast ready-to-drink” products; their snack-bars and powder products remain untainted with the bacteria.

Unilever describes the bacteria, called Bacillus cereus, as a micro-organism that can cause diarrhea, nausea and vomiting when ingested. The company spokeswoman did not have information on whether calls from consumers had prompted the recall or if consumers would be compensated for any problems. Unilever’s spokeswoman did say that, “The probability of serious, adverse consequences is remote.” The company also announced that, “Out of an abundance of caution, the company is recalling all ready-to-drink products in cans that are currently in distribution centers, on shelf or in back room retail outlets or in consumer’s homes.” Unilever asked the public to throw away any cans they have and contact them for a full refund.

Continue reading "10 Million Cans of Slim Fast Recalled" »

Federal health officials announced the recall of 2 million medical needles last month because of a risk they can push bits of silicone into patients’ bodies. According to an article on Philly.com, the Food and Drug Administration (FDA) said Nipro Medical Corp. voluntarily recalled its Exel/Exelint Huber needles manufactured between January 2007 and August 2009.

The needles are used to access injection ports, which are devices implanted beneath the skin of patients who require frequent injections. The ports connect to a vein and allow easy delivery of chemotherapy, antibiotics, and other injectable drugs.

Huber needles are designed to be non-coring, or to penetrate an injected material without retaining any of it.

However, an FDA investigation found that the needles could dislodge bits of silicone from the ports, potentially pushing them into the patient’s bloodstream. The problem can also damage the ports themselves, resulting in problems delivering drug therapy.

According to the FDA, 60 to 72 % of the company’s needles had the design problem.

The FDA is working with 19 other manufacturers to determine if their needles have the same problem.

Doctors may have difficulty identifying the problem of silicone shards in patients. The FDA recommended that physicians watch for signs of tissue or nerve damage in patients, which could be a sign of damage to their port. And, they suggested throwing out the first syringe injected into a port, in an effort to discard any bits of silicone.

Continue reading "FDA Announces Recall of 2M Defective Needles" »

On December 15, the Consumer Product Safety Commission (CPSC) and the window covering industry recalled more than 50 million Roman-style shades and roll-up blinds because of the risk children may be strangled by the cords.

According to an article by the Associated Press, the CPSC said five deaths and 16 near-strangulations from Roman shades have been reported since 2006, while three deaths connected to roll-up blinds have been reported since 2001.

Roman shades can become dangerous if a child’s neck gets stuck between the exposed inner cord and the fabric on the backside of the blind, or if the cord gets wrapped around a child’s neck.

Roll-up blinds pose a strangulation threat if the lifting loop slides off the side of the blind and a child's neck becomes entangled on it, or if a child’s neck gets between the lifting loop and the roll-up blind material.

The CPSC urged parents to examine all shades and blinds in the home and make sure they have no accessible cords. Cribs, beds or other furniture should not be placed close to windows because children can climb on the furniture and reach the cords.

Continue reading "50 Million Blinds Recalled as Strangulation Hazard" »

A new study raises new concerns about Zetia and Vytorin, drugs taken by millions of Americans to lower cholesterol. According to an article by the Associated Press on Philly.com, Zetia failed to shrink buildups in artery walls while a rival drug, Niaspan, did so significantly. Zetia users also suffered more heart attacks and other problems although the numbers of these events were too small to draw firm conclusions.

A preventive cardiology chief at Johns Hopkins University said that in the seven years Zetia has been on the market, it hasn’t proven that it improves clinical outcomes.

Lipitor and Crestor (statins) have long been used to lower LDL, or bad cholesterol, and are known to cut the risk of heart problems. Because many statin users still suffer heart attacks, doctors have been testing adding a second medicine to further lower risk.

They are trying Niaspan, a slow-release version of niacin, a type of B vitamin that raises HDL, or good cholesterol. The other is Zetia, which lowers bad cholesterol in a different way than statins do, by blocking its absorption in the gut.

Vytorin is a pill that combines Zetia with a statin.

Abbott Laboratories sponsored the new study in which researchers enrolled 363 people with heart disease or a high risk for it who had been taking statins for six years on average.

Half were given Niaspan and the others, Zetia. Ultrasound images of neck arteries showed that Niaspan shrank buildups by about 2 percent, while Zetia had no effect on this even though it lowered bad cholesterol as expected.

Continue reading "Study on Merck Pill Zetia Raises New Questions" »

Federal health regulators have found tiny particles of trash in drugs made by Genzyme, a biotechnology company. This is the second time this year the company has been cited for contamination issues. According to an Associated Press article, on November 13, the Food and Drug Administration said that bits of steel, rubber, and fiber found in vials of drugs used to treat rare enzyme disorders could cause serious adverse health effects for patients.

The FDA said the products would remain on the market because there are few alternative treatments. They also said doctors should closely inspect vials for particles before injecting them into patients. Doctors should return the defective pharmaceutical to Genzyme if they suspect contamination and watch for potential allergic reactions, blood clots and other problems in patients.

In June, Genzyme was forced to shut down a key production facility due to viral contamination.
The drugs affected by the latest announcement include: Cerezyme, Fabrazyme, Myozyme, Aldurazyme and Thyrogen. All are manufactured at a biotech plant in Allston Landing, Mass., where FDA regulators are conducting an inspection.

Genzyme specializes in biotech drugs to treat rare diseases.

Continue reading "FDA Discovers Pieces of Steel and Rubber in Genzyme Drugs" »

On November 17, federal health officials said that a popular variety of heartburn medications can interfere with the blood thinner Plavix, a drug taken by millions of Americans to reduce risks of heart attack and stroke. The Associated Press reported in an article that the Food and Drug Administration said the drugs Prilosec and Nexium cut in half the blood-thinning effect of Plavix, known generically as clopidogrel.

Regulators said the key ingredient in the heartburn medications blocks an enzyme the body needs to break down Plavix, muting the drug’s full effect. Procter & Gamble’s Prilosec OTC is available over-the-counter and AstraZeneca’s Nexium is only available with a prescription.

The FDA said that patients at risk for heart attacks or strokes who use clopidogrel to prevent blood clots would not get the full effect of this medicine. Because Plavix can upset the stomach, it is often prescribed with stomach acid-blocking drugs.

The FDA recommended that patients who need to reduce their acid should take drugs from the H-2 blocker family. These include Mylanta and Zantac. FDA scientists said there is no evidence those drugs interfere with Plavix’s anti-blood clotting action.

FDA regulators said they don’t have enough information to say whether other drugs in the same class as Nexium and Prilosec (proton pump inhibitors) shouldn’t be used with Plavix. The warnings on Plavix have been strengthened based on a 150-patient study submitted over the summer. Some consumer advocates argued that regulators should have placed the information in a “black box” warning label.

It was reported last year that taking Plavix with Nexium significantly increased patients’ chances of being hospitalized for a heart attack, stroke or chest pain. Plavix’s labeling was updated to advise against using it in combination with certain heartburn drugs.

Continue reading "FDA Says Heartburn Drugs Can Interfere with Plavix" »

On November 9, about a million Maclaren strollers sold by Target and Babies “R” Us were recalled after 12 reports of children having their fingertips amputated by a hinge mechanism.
According to an Associated Press article, the Consumer Product Safety Commission said the recall includes all nine models of single and double umbrella Maclaren strollers (Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno and Easy Traveller).

The amputation risk occurs when a child’s finger is placed in the hinge mechanism of a stroller while it is being unfolded. When the opened stroller locks into place, it can cut off the tip of the child’s finger.

The company is offering free hinge covers to prevent future incidents. The covers should not be removed unless the stroller is being cleaned, according to the CPSC.

Continue reading "Stroller Recall Over Fingertip Amputation Danger" »

The family of a Connecticut woman who died after her chenille bathrobe caught on fire has filed a federal lawsuit against a Pennsylvania-based retailer. According to an article by the Associated Press on Philly.com, attorneys for the estate of an 80-year-old woman filed suit last week in U.S. District Court in Hartford, CT against Blair LLC. They are claiming wrongful death and product liability and are seeking $30 million.

The woman was severely burned on Feb. 12, 2005, when her robe ignited as she made tea in her home. She died two weeks later.

The robes were linked to nine deaths. Blair recently expanded its recall of more than 300,000 chenille products it imported from a Pakistani manufacturer.

As a consumer, you have the right to assume that products you purchase or use have been produced in a manner that would ensure that they are safe and free from unreasonable risks. If a company manufactures or sells a product that is hazardous to the user, the company must be held liable for any injuries or fatalities that occurred due to the faulty product.

Continue reading "Bathrobe Fire Death: Connecticut Family Sues" »

A Philadelphia jury is weighing punitive damages against drugmaker Wyeth. According to an article by the Associated Press, there is link between the Illinois woman’s breast cancer and the hormone-replacement drug she took.

The woman’s case is one of many Prempro lawsuits to go to trial out of several thousand filed across the country. About 1,500 are pending in Philadelphia.

The Philadelphia jury awarded $3.75 million in compensatory damages on October 23. According to the article, they said the company’s actions were willful and warrant punitive damages.

The 64-year-old woman is a retired hospital records clerk from Peoria, Illinois. She took Prempro for five years before her 2002 cancer diagnosis.

People of all ages take prescription drugs, non- prescription drugs, and supplements on a daily basis in the United States to prevent and treat various illnesses. Although these medications are supposed to help people, many people have suffered serious side effects, and even death. To help innocent consumers who have been injured by a defective or dangerous pharmaceutical receive the compensation they need, experienced PA drug injury attorneys may be of great assistance.

Continue reading "PA Prempro Cancer Case: Jury Weighs Damages" »

A Philadelphia jury awarded $2.5 million to a woman from Bensalem. The jury found that Paxil had caused heart problems in her 3-year-old son who required several surgeries after his birth to fix his heart. They ruled out additional punitive damages.

The case was the first of about 600 lawsuits to go to trial on claims that the GlaxoSmithKline’s Paxil antidepressant caused birth defects in children whose mothers took the drug during pregnancy.

According to an article in The Philadelphia Inquirer, legal experts saw the 10-2 jury decision as a big win for plaintiffs in the remaining cases, even though the jurors awarded only compensatory damages.

Jurors linked the plaintiff’s problems to Paxil and said GlaxoSmithKline was negligent in not properly warning the woman’s doctor of the drug’s risk. They did not find the company’s behavior “outrageous,” which would have been necessary to award punitive damages.

The standard for finding punitive damages requires evidence that a company knew about problems but ignored them or covered them up because the product was so profitable.

Continue reading "First Paxil Lawsuit Results in Plaintiff's Favor" »

A bankruptcy court judge overseeing certain Chrysler assets approved a $24 million settlement in the death of a California longshoreman run over by a Dodge pickup. According to an article, the settlement comes more than two years after a Los Angeles Superior Court jury awarded damages of more than $55 million to a deceased man’s family. The family argued the automaker had failed to fix and adequately warn consumers about a transmission defect that made it appear trucks were in park position, when they actually were between gears.

An appeal of the jury verdict by the former DaimlerChrysler was delayed by Chrysler’s Chapter 11 bankrupcty filing in April, leading to negotiations that resulted in a settlement.

The 38-year-old suffered fatal head injuries when he was run over by a 1992 Dodge Dakota at the Port of Los Angeles on April 13, 2004. Both sides in the lawsuit said he had left the truck running without setting the parking brake, but they differed on who was to blame for the accident.

Attorneys for the man’s family argued that the truck slipped into reverse after the man got out. Those attorneys said DaimlerChrysler had received more than 1,000 “park-to-reverse” complaints involving 1988 through 2003 model Dakotas. The family’s attorneys argued that the company issued a recall in 2000 but it was for repairs that failed to fix the problem.

Jurors found in March 2007 that DaimlerChrysler was negligent in the truck’s design, and for failing to warn consumers or adequately recall the vehicle.

Continue reading "$24M Chrysler Wrongful Death Settlement Approved by Judge" »

According to an article on Philly.com, a $4.85 billion fund was set up so that Merck & Co. Inc. can compensate kin of those who died of heart attacks or strokes.

The claims are from the families of more than 3,100 users of its Vioxx painkiller who died of heart attacks or strokes because of the drug.

The fund will pay about 3,000 claims for heart-attack deaths and at least 122 for strokes.
Merck launched Vioxx in 1999 and withdrew it in 2004 when a study showed the drug doubled the risk of heart attacks and strokes. Merck set up the fund in 2007 after reserving $1.9 billion to fight 26,600 Vioxx lawsuits.

The facts of each case determine the extent of Merck’s liability, which analysts once estimated to be as much as $20 billion overall.

Families of heart-attack victims who died will get an average payment of about $374,000. The amount will depend on the Vioxx user’s age, how long he or she took the drug, and whether the person had health risks such as obesity or hypertension.

Continue reading "Merck to Pay 3,100 Vioxx Claims" »

On September 15, an attorney told a Philadelphia jury that GlaxoSmithKline P.L.C. ignored evidence for years that its antidepressant Paxil may have caused birth defects. According to an article in The Philadelphia Inquirer, this attorney represents a woman who says that taking the drug during her pregnancy caused her three year-old son’s heart problems.

The Bucks County resident, a former cheerleader for the Philadelphia 76ers, is making the claim for her son who appeared briefly in the courtroom this morning. According to her attorney, Glaxo told its scientists to avoid disclosing possible risks associated with the drug’s use by pregnant women.

An attorney for GlaxoSmithKline is claiming there is no evidence that Paxil caused the child’s heart problems. The case is being heard in Common Pleas Court.

The woman’s attorney showed the jury a series of documents that showed that Glaxo knew before Paxil went on the market that rats administered the drug were more likely to have pups that didn’t survive past four days and that the rate of death increased with higher doses of Paxil.

In the late 1980s, at about the same time as the rat study, an internal Glaxo scientist warned that “there remains the possibility that this compound could be teratogenic (meaning can cause birth defects) at higher dose levels.”

The trial is the first of more than 600 cases alleging that Glaxo knew Paxil caused birth defects and hid those risks to pump up profits. Approved for U.S. use in 1992, the drug generated about $942 million in sales last year, 2.1 percent of Glaxo’s total sales.

Continue reading "Trial Opens in Philadelphia in Paxil Lawsuit" »

On September 16, the FDA ordered the drugmaker Wyeth to put the strongest warning possible about the risks of IV push and Phenergan (promethazine) on the drug label. According to an article that appeared in the Philadelphia Inquirer, the drug caused one woman, a Vermont musician, to lose her arm. Levine fought drugmaker Wyeth all the way to the Supreme Court and won.

In the spring of 2000, this particular woman had a migraine headache and got the drug Phenergan to treat associated nausea. The drug was administered via a method known as intravenous push, which can cause infection and gangrene. That happened to her and doctors amputated her lower right arm.

She sued Wyeth and the Supreme Court decision in her favor was viewed as upholding all consumers’ rights to sue drug companies.

The article stated that although Wyeth no longer sells Phenergan, many makers of generic drugs still do, and the FDA ordered them to put the strongest warning possible about the risks, sometimes called a “black box,” on the label.

The stronger warning would let medical professionals know that the preferred way to administer promethazine is through intramuscular injection.

Continue reading "Phenergan Ordered to Display Black Box Warning" »

Six companies recalled millions of window blinds and shades after the deaths of three children who got caught in cords that help the coverings move up and down.

According to this article by the Associated Press on Philly.com, the recalls were announced on August 26 by the Consumer Product Safety Commission (CPSC). The recalls involve Pottery Barn Kids and IKEA as well as smaller companies that sold their window covers at retailers such as Target.

No deaths were associated with the blinds and shades from Pottery Barn Kids and IKEA, but CPSC says there have been six reports of children becoming entangled in the inner cord of the Pottery Barn Kids shades.

According to the CPSC, the three deaths, which date back to 2006, involved blinds or shades made or imported by Vertical Land Inc., of Panama City Beach, Fla., and Lewis Hyman Inc., in Carson, California.

A one-year-old was killed in 2007 when he became entangled and strangled in the lift cord loop of a roll-up blind from Lewis Hyman that had fallen into his portable crib, The company is recalling about 4.2 million of the blinds.

Continue reading "Wrongful Deaths Cause Blinds and Shades to be Recalled by Six Companies" »

According to court documents obtained by The Associated Press, drugmaker GlaxoSmithKline used a “ghostwriting program” to promote its antidepressant Paxil. This allowed doctors to take credit for medical journal articles mainly written by company consultants.

An internal company memo instructs salespeople to approach physicians and offer to help them write and publish articles about their positive experiences prescribing the drug.

The document was uncovered by a Los Angeles law firm, which is representing hundreds of former Paxil users in personal injury and wrongful death suits against GlaxoSmithKline. The firm alleges the company downplayed several risks connected with its drug, including increased suicidal behavior and birth defects.

Ghostwriting is legal in principal, but that said, it could contribute to illegal activity if the information is misleading and causes harm.

Articles from the company’s program appeared in five journals between 2000 and 2002, including the American Journal of Psychiatry and the Journal of the American Academy of Child and Adolescent Psychiatry.

Continue reading "Ghostwriting Used by Glaxo to Market Paxil" »

The Little Tikes Co. is recalling about 1.6 million toy workshops and trucks, after an 11-month-old boy got a plastic nail lodged in his throat. According to an article, the Consumer Product Safety Commission says the boy from Goose Creek, S.C., recovered after being hospitalized.

The recall includes a variety of toys manufactured by Little Tikes of Hudson, Ohio, in both the United States and China. They were sold with red or blue plastic toy nails that are about 3 1/4 inches long.

The recalled toys were sold on the Little Tikes Web site and by retailers around the country, including Toys ‘R’ Us, between March 1994 and June 2009.

Dangerous toys and defective child products can cause serious injuries, even death. Products may be dangerous because of design defects, manufacturer defects, incomplete instructions, and failure to provide danger warnings.

Continue reading "Children Products Recall Alert: Little Tikes Toy Workshops and Trucks" »

The Food and Drug Administration issued a public health advisory warning consumers to stop using products containing steroids or steroid-like substances, many of which are labeled as dietary supplements. According to an article, the advisory came after FDA investigators raided the offices of American Cellular Labs, looking for evidence the company sells steroids under the guise of a supplement.

The FDA sent a warning letter to the company, saying it was selling unapproved and misbranded drugs and telling the company to explain how to prevent the recurrence of violations. Those products include TREN-Xtreme, MASS Xtreme and six others. The FDA received several reports of adverse effects over two years, including serious liver injury, from the American Cellular products and 15 from similar products made by other manufacturers.

These defective products may be popular among athletes in high school, especially football players, who may not be subjected to a thorough drug-testing program. The FDA warned consumers to be cautious when they buy any dietary supplements, not just the ones that claim to build muscle. Many can be contaminated with potentially dangerous substances.

Continue reading "FDA Warns About Supplements with Steroids" »

On July 22, federal health officials announced they found cancer-causing ingredients in electronic cigarettes, despite manufacturers’ claims that the products are safer than tobacco cigarettes. According to an article, the Food and Drug Administration said testing of products from two leading electronic cigarette makers turned up several toxic chemicals.

The Deputy Commissioner of the FDA said that not much is known about these products, including how much nicotine is there and what other chemicals may be there. FDA scientists tested 19 varieties of cigarettes, half of which contained forms of nitrosamine, a carcinogen known to cause cancer in humans. Many products that claimed to contain no nicotine actually had low levels of the stimulant.

Brands tested by the agency included Smoking Everywhere, marketed by a Florida-based company, and NJoy Cigarettes, based in Scottsdale, Ariz. Public health advocates have also said that the products are aimed at young people and may lead to tobacco smoking. Because electronic cigarettes are not covered by federal tobacco laws, they are also often easier for young people to buy.

Electronic cigarettes produce a nicotine mist absorbed directly into the lungs. Most can easily pass as a tobacco cigarette with slim white bodies and glowing amber tips. They even emit what look like puffs of white smoke. Regulators said they have halted 50 shipments of electronic cigarettes at ports and borders since last summer. The FDA said it is authorized to seize the products because, for legal purposes, they are a medical device used to deliver nicotine.

Continue reading "FDA Says Electronic Cigarettes Contain Toxic Chemicals" »

Because the number of Simplicity drop-side crib recalls has now reached two million, government safety regulators said that parents should discard drop-side Simplicity cribs sold mostly through Wal-Mart and other mass retailers. According to this article in the Philadelphia Inquirer, ten infant deaths in recent years have been blamed on Simplicity cribs' defective products.

A spokesman for the U.S. Consumer Product Safety Commission warned, “You should not put your baby to bed tonight in a Simplicity drop-side crib.”The agency said its warning did not apply to cribs on which parents had installed special hardware.

The agency recalled an additional 400,000 Simplicity cribs earlier this month, which brought the total number of recalled Simplicity cribs to two million in the last two years. The cribs recalled on July 2 were sold at discount stores between January 2005 and last month.

The Simplicity cribs’ hardware can break or deform, allowing the drop side to detach and create a gap between the mattress and the side of the crib where a small child could be trapped and suffocate.

Continue reading "400,000 More Recalls of Simplicity Cribs" »

The Philadelphia Daily News reported in a story that Synthes, Inc., a medical-device manufacturer in West Chester (as well as one of its subsidiaries and four company executives), was charged by a federal grand jury for allegedly scheming to conduct clinical trials using a bone cement on spinal fractures without the approval of the FDA.

Synthes Inc. specializes in trauma products and devices to treat damaged bone. According to the article, from May 2002 into fall 2004, a subsidiary, Norian Corp. conspired with Synthes and four Synthes executives to conduct unauthorized clinical trials of a bone cement called Norian SRS and Norian XR in surgeries to treat vertebral-compression fractures of the spine.

The article stated that the surgeries were performed despite a warning on the FDA-cleared label for Norian XR against this use. Before the marketing program began, the company knew that the bone cement reacted chemically with human blood in a test tube to cause blood clots. Despite knowing this, the company proceeded to market the defective product Norian XR for vertebral-compression fractures, and didn’t stop until three patients died on the operating table.

The patients were dependents of people serving in the U.S. military and died of hypotension, or a rapid drop in blood pressure.In January 2004, Norian and Synthes did not recall Norian XR from the market after the third patient died. Instead, they tried to cover up the details of the patient deaths by lying to FDA regulators during an official inspection in May and June 2004.

Continue reading "West Chester Company Penalized for Unlawful Clinical Trials" »

Matrixx, the manufacturer of Zicam intranasal cold remedies, is issuing a voluntary recall of all Zicam Nasal Gel and Zicam Cold Remedy Gel Swabs, according to this news report. The U.S. Food and Drug Administration (FDA) had issued an alert warning consumers that these Zicam products were unsafe and unlawfully marketed by Matrixx. FDA officials have received numerous complaints from consumers who say that they have lost their sense of smell as a result of Zicam drug injury.

Matrixx has disagreed with the FDA's assessment that these zinc-containing cold remedies are hazardous to consumers. However, the company has restated that it is conducting this drug recall because it wants to cooperate with the FDA. Matrixx officials also plan on meeting with FDA officials to present "comprehensive scientific and medical data and analyses, demonstrating that these products are safe," the news report states.

Losing one's sense of smell not only destroys an individual's quality of life, but also puts him or her in a potentially dangerous situation if not able to smell smoke or a gas leak. The Zicam drug recall has already sparked numerous complaints and class-action lawsuits across the nation.

Continue reading "Zicam Defective Drug Recall" »

The JBS Swift Beef Co. of Greeley, Colorado voluntarily expanded its beef recall to include about 380,000 pounds of products because of possible E. coli contamination. According to this article by the Associated Press that appeared on Philly.com, a recall earlier this week involved about 41,000 pounds of products.

On June 28, the U.S. Department of Agriculture said that all the beef products in the expanded recall were produced on April 21.

The USDA said an investigation by its Food Safety and Inspection Service of 24 illnesses in multiple states prompted the company to re-examine its food safety system. The department says 18 of the personal injury illnesses appear to have the same cause.

The USDA does not currently have an update of what states reported illnesses or received beef products covered by the expanded recall. But the earlier recall covered products that were made April 21-22 and shipped to Arizona, California, Colorado, Florida, Illinois, Michigan, Minnesota, Nebraska, Oregon, South Carolina, Tennessee, Utah, and Wisconsin.

According to the U.S. CDC, common symptoms of E. Coli infections include stomach cramps and diarrhea and, in rare cases, there have been fatalities. Children may be susceptible to complications.

Continue reading "JBS Swift Beef Co. Expands Beef Recall" »

A safety foundation has asked General Motors Corp. to recall its 2000-01 sedans and refit their trunks with emergency-release latches. According to this article by the Associated Press on Philly.com, this comes after two Arkansas children were found dead in the trunk of a 2000 Chevrolet Malibu.

Kansas-based Kids and Cars said that although Ford has installed glow-in-the-dark handles inside all trunks since 2000, General Motors offered the latches only as an option on models made before 2002.

GM did not say what action the company might take in the wake of deaths regarding their trunk's auto product liability.

A Washington County Coroner said it appears a 5-year-old and a 4-year-old of Springdale died accidentally in the car’s trunk last week.

Police said it is likely that the children were playing in the trunk when it closed and they likely died of asphyxiation. Temperatures were nearly 90 degrees the day they died. Further investigation of the wrongful deaths is needed.

The National Highway Traffic Safety Administration released data for “non-traffic” deaths in January that showed three people died in 2003-04 after being closed inside a trunk. In a one-month period of 1998, 11 children were found dead in car trunks, prompting calls for trunk-release latches.

Continue reading "Safety Group Asks GM for Trunk-Latch Recall" »

The Associated Press reported in an article that consumers should immediately stop wearing a certain type of chenille robe made by Blair, LLC due to a fire hazard that is believed to have caused the wrongful death of at least six people.

The Consumer Product Safety Commission (CPSC) and Blair LLC, issued the second recall notice in two months after receiving reports of six deaths due to the robes catching on fire. In five of the six cases, the victims were women who were cooking at the time; three of the victims were in their 80s. The recall applied to 162,000 robes.

The article said that the CPSC urges all consumers to report any incidents or injuries involving consumer products, even after a recall has been announced. Contacting the CPSC may help prevent tragic deaths or injuries.

CPSC and Blair initially announced their voluntary recall in April, citing three reports of the robes catching on fire, including one report of second-degree burns.

The robes are a one-piece garment made of plush sculpted chenille, a shaped stand collar, and horizontal chenille front and back yolks and cuffs. The robes have a full-button front with seven matching button closures.

Continue reading "6 Deaths Result in Robes Recall" »

On June 16, federal health regulators said consumers should stop using Zicam Cold Remedy nasal gel and related products because they can permanently damage the sense of smell. According to this article by the Associated Press, scientists said the zinc in these over-the-counter products might damage nerves in the nose needed for smell. The FDA said about 130 consumers have reported a loss of smell after using Matrixx Initiatives’ Zicam products since 1999.

Other products affected by the FDA’s announcement are adult and kid-size Zicam Cold Remedy Nasal Swabs.

Loss of the sense of smell is potentially life threatening because people without the sense of smell may not be able to detect life dangerous situations, such as gas leaks or something burning in the house.

The article stated that Zicam Cold Remedy was never formally approved because it is part of a small group of remedies that are not required to undergo federal review before launching.

Known as homeopathic products, the formulations often contain herbs, minerals, and flowers.

The FDA issued a warning letter to Matrixx asking the company to stop marketing its zinc-based products. The agency did not issue a formal recall.

According to federal regulators, Matrixx would have to submit safety and effectiveness data on the drug. And, if they wish to continue marketing Zicam intranasal zinc products, they need to seek FDA approval.

Continue reading "Zicam Nasal Spray Linked to Loss of Smell" »

On June 8, the Food and Drug Administration (FDA) warned consumers not to use skin products made by Clarcon because of high levels of disease-causing bacteria found during a recent inspection. According to this article by the Associated Press that appeared on Philly.com, Clarcon Biological Chemistry Laboratory Inc. of Roy, Utah, issued a voluntary recall of some skin sanitizers and skin protectants marketed under several different brand names to prevent any further incidents of personal injury.

Consumers should not use any Clarcon products and should throw them away.

Analyses of several samples of over-the-counter topical antimicrobial skin sanitizer and skin protectant products revealed high levels of various bacteria, including some associated with unsanitary conditions. Some of these bacteria can cause opportunistic infections of the skin and underlying tissues and could result in medical or surgical attention as well as permanent damage.

Examples of products that should be discarded include Citrushield Lotion, Dermasentials DermaBarrier, Dermassentials by Clarcon, Antimicrobial Hand Sanitizer, Iron Fist Barrier Hand Treatment, Skin Shield Restaurant, Skin Shield Industrial, Skin Shield Beauty Salon Lotion, Total Skin Care Beauty and Total Skin Care Work.

The FDA said its findings are concerning because these defective products are promoted as antimicrobial agents that claim to treat open wounds and damaged skin and protect against various infectious diseases.

As a consumer, you have the right to assume that products you purchase or use have been produced in a manner that would ensure that they are safe and free from unreasonable risks. If a company manufactures or sells a product that is hazardous to the user, the company must be held liable for any injuries or fatalities that occurred due to the faulty product.

If you have a Pennsylvania defective product claim, you will require the representation of Philadelphia's skilled products liability attorneys from Cherry, Fieger, and Marciano, LLP to handle all of the complexities involved with this type of case. There are many steps to a product liability case; beginning with proving that the product was in fact defective, next proving the product was the cause of the injury, and finally proving that the product was not used unreasonably. Please contact our firm today to discuss your case with an experienced legal professional.

A 23-year-old Indiana County man died and a teenage girl suffered major injuries after the all-terrain vehicle they were in crashed into a utility pole, according to this news report. Ryan Dixson Henry was driving around the borough with a 15-year-old passenger when he drove off the road near 3rd and Main streets. Pennsylvania State police officials said Henry first struck a newspaper box and then a utility pole, causing both him and the girl to get thrown from the vehicle in this PA wrongful death accident. Neither person was wearing a helmet. Henry was taken to an area hospital where he was pronounced dead shortly after the ATV crash. He apparently died of head and chest injuries. The girl, who has not yet been identified, suffered serous injuries, the report stated.

ATV auto accidents in Philadelphia can cause serious injuries and even deaths. In this case, it is unfortunate that both the rider and the passenger were not wearing helmets. Safety gear is a must while riding an ATV. According to the U.S. Consumer Product Safety Commission (CPSC), there were 750 deaths and 146,600 injuries reported in 2006 as a result of ATV accidents in the United States. Officials say that at least one-third of ATV accident victims are children under 16 years of age.

ATV accidents can happen because of driver error, inattention or simply inexperience. However, often times, ATV crashes also occur because of a manufacturing or design defect. If you believe you have been seriously injured in an ATV accident because of a product defect, you would be well-advised to consult with an experienced Pennsylvania product liability attorney. You may be eligible to receive compensation from the manufacturer of the defective product to cover medical expenses, loss of earnings and other related damages. If you have been seriously injured as a result of a product defect, please call Cherry, Fieger & Marciano LLP. for a free and comprehensive consultation.

Over the past year, the optical products company Bausch and Lomb has quietly settled nearly 600 fungal-infection lawsuits for causing multiple cases of personal injury, with dozens more individual claims yet to be resolved. So far it has cost the company more than $250 million.

According to this article, more than 700 lens wearers in the United States and Asia say they were exposed to a potentially blinding infection known as Fusarium keratitis while using ReNu with MoistureLoc, a new-formula multipurpose solution for cleaning, storing, and moistening soft contact lenses.

Sometimes, the eye injury damage was irreparable, including seven people who had to have an eye removed and 60 more Americans who needed vision-saving corneal transplants. The U.S. Centers for Disease Control and Prevention confirmed 180 cases in 35 states from June 2005 through September 2006. The CDC continued to hear of sporadic, unconfirmed cases in the months after MoistureLoc was withdrawn.

Among out-of-court settlements reached in May was one brought by a Broadway actress and comedienne whose eye was scarred. In Colorado, a corneal transplant ended a race-car driver’s career. The culprit was a rare infection that most eye doctors had never seen before. The outbreak appeared first in Hong Kong in spring 2005 and reached its peak in the United States just days after MoistureLoc was removed from domestic markets in April 2006.

Victims typically complained of eye irritation that progressed to a sudden onset of searing pain. Many were mistakenly treated with antibiotics and steroids, which actually worsened the condition. Leading eye doctors and government scientists concluded that MoistureLoc was the only lens solution that contributed to the outbreak. Yet the mechanics of how it caused the problem are still not fully clear.

Continue reading "Dangerous Contact Lens Solution: Bausch & Lomb Settles 600 Eye Fungus Lawsuits" »

According to this article that appeared in the Philadelphia Inquirer, the popular bodybuilding and weight-loss supplement, Hydroxycut, has been linked to liver damage. It is uncertain exactly how many people have suffered Hydroxycut drug injury, although a few incidents have been noted. For instance, a 33-year-old woman went to the emergency room at Yale-New Haven Hospital because of dark urine, yellowish skin, and profound fatigue. Her lab results showed she had acute liver inflammation.

Joseph Lim, a liver specialist at Yale on the woman’s case, noted that the woman had been taking Hydroxycut supplements for weight loss for two weeks. Several reports in the medical literature had linked Hydroxycut (which is used for both bodybuilding and weight loss) to liver damage. His patient improved after she stopped taking the supplement.

In May, the Food and Drug Administration (FDA) warned consumers to stop taking Hydroxycut, which had been linked to liver damage and jaundice in 23 case reports received by the agency. These complaints included one liver transplant and one fatality. Those who have suffered injury due to using Hydroxycut in Pennsylvania would be well advised to contact a Philadelphia Hydroxycut recall attorney to help them receive compensation for any medical costs, treatment, or lost wages from not being able to work.

Iovate Health Sciences, the manufacturer, voluntarily recalled 14 Hydroxycut products. According to the article, the company sold more than nine million bottles of Hydroxycut in 2008. It is unclear how many people Hydroxycut may have injured or even which of its ingredients are dangerous. Although Hydroxycut was pulled from drug store shelves, many of its ingredients were widely available in other products still for sale. The FDA said that the agency was investigating those ingredients and other products that contain them.

The Hydroxycut ingredient that shares the product’s name is hydroxycitric acid or HCA. Two other ingredients in Hydroxycut could also be toxic: the mineral chromium and Camellia sinensis, the tea plant. They could be potential liver toxins. Recalling Hydroxycut does not fully protect the public if consumers buy another weight-loss supplement. Weight-loss and bodybuilding supplements may all be dangerous and have the potential to cause personal injury in Pennsylvania and throughout the nation. Unfortunately, adverse events are dramatically underreported because patients often fail to tell their doctors about supplement use.

Continue reading "Hydroxycut Linked to Liver Damage" »

On March 25, Philadelphia City Council members and community groups held a conference to urge the city’s law department to take action against CVS drugstore for repeatedly selling expired products.

According to this article in the Philadelphia Inquirer, the State of New York sued CVS in December over the chain’s sale of expired products and California is in the process of suing the drugstore. The purpose of the press conference on the 25th was to seek help from the city. Philadelphia council members want to encourage the city solicitor to follow the similar legal actions of those two states.

Council members are willing to take necessary legislative action including fines for the sale of expired medicines causing adverse drug reactions in Pennsylvania.

The conference had a display of 36 expired items bought at 15 CVS drugstores around Philadelphia from January to March. They included over-the-counter medications and infant formula to dairy products.

Allergy tablets had expired over a year before purchase and an infant’s gas relief medicine was close to two year’s outdated.

According to one of the Councilmen, legal action is needed to protect the community from the dangerous products in Pennsylvania sold at CVS drugstores. Citizens are at risk.

Continue reading "Philadelphia Seeks Action against CVS for Selling Expired Products" »

Caraco Pharmaceutical Laboratories Ltd. is recalling all lots of Digoxin tablets because the defective product in Pennsylvania and throughout the nation might vary in size and deliver different doses of the drug.

According to an article that appeared on FoxBusiness.com on March 31, there have been “several adverse events” linked to the recalled heart medication. The adverse events include complaints reported by patients about side effects and may or may not be attributable to the product. So far there have been no reported deaths.

Digoxin is a prescription drug used to treat heart failure and abnormal heart rhythms. A higher than labeled dose might pose a risk of toxicity in patients with renal failure. According to the company, this can cause nausea, vomiting, dizziness, low blood pressure, and cardiac instability. Excessive digoxin intake can result in Philly wrongful death. A lower than labeled dose could cause decreased drug effectiveness, possibly resulting in cardiac instability.

The recalled items include Caraco Digoxin, USP, 0.125 milligrams and Caraco Digoxin, USP, 0.25 milligrams.

People of all ages take prescription drugs, non-prescription drugs, and supplements on a daily basis in the United States to prevent and treat various illnesses. Although these medications are supposed to help people, many people have suffered serious side effects, and even death.

If you or a loved one has been injured as the result of a dangerous drug reaction in Pennsylvania, the skilled Pennsylvania pharmaceutical drug litigation attorneys at Cherry Fieger and Marciano, LLP may be able to help you recover the monetary compensation that you deserve.

Continue reading "Digoxin Heart Drug Recalled" »

According to the article by the Associated Press on Philly.com, this week there have been several recalls due to defective products in Pennsylvania and throughout the nation.

Baby Necessities pacifiers, manufactured in China and imported by OKK Trading of Los Angeles, Calif. were recalled because they failed federal safety tests. The pacifiers can separate from the base and pose a choking hazard. The recalled pacifiers were sold between August 2007 and January 2009.

About 24,000 3-in-1 high chairs, imported by Fisher-Price of East Aurora, N.Y. and manufactured in Mexico were recalled because the seat can fall backward from the frame if the release is unlatched while a child is inside. The seat back can also detach if not snapped fully into place. The company has received one report of a detached seat back that resulted in a fractured skull.

Watson Pharmaceuticals, Inc. recalled one lot of Propafenone HCL 225 milligram tablets, a prescribed drug used to treat cardiac arrhythmia, sold in 100 count bottles in the United States. Some of the tablets may contain higher levels of the active ingredient than specified, causing serious drug injury in Philadelphia and in any other states where the drug is used. Some patients who are particularly sensitive to small variations in dose might experience serious side effects, including irregular heartbeat or low blood pressure.

Torres Hillsdale Country Cheese LLC is recalling Asadero and Oaxaca soft Mexican-style cheeses due to possible listeria contamination. Eating food contaminated with listeria monocytogenes can cause listeriosis, a potentially fatal disease.

Continue reading "Defective Product Recalls Update: Pacifiers, High Chairs, Heart Drug" »

About 5,400 of the Signo line of child car seats that are manufactured by a company called Recaro, are being recalled, according to this safety report alert from Consumeraffairs.com. A defective spring is said to be the source of the problem in the car seat and this may reportedly cause the central front adjuster strap to slip. This product defect in the latching system could prevent the harness from being securely tightened.

Consumers and users of this car seat who have more questions about the recall are asked to call Recaro at 1-888-473-2290. Please, also contact the National Highway Traffic Safety Administration (NHTSA) at 1-888-327-4236 for additional information. Recaro should start notifying consumers shortly and replace the defective restraint system free of charge.

This defective child seat product recall is crucial as it concerns the well being of infants and young children. The defective restraint system here could fail in the event of a crash and cause catastrophic injuries. In a Philadelphia auto accident, a child may not be properly secured and could be injured or killed as a result. A recent investigative report found that of the 66 infant car seats tested in frontal crashes by the NHTSA, roughly half either separated from their bases or exceeded the permitted limits of injury.

If you or a loved one has been seriously injured as a result of similar defective product, a recalled auto product or any malfunctioning appliance, you should get in touch with the Philadelphia law offices of Cherry, Fieger & Marciano without delay. Our team of experienced PA personal injury attorneys will commit their resources to get you the compensation you deserve and hold these manufacturers accountable.

Desiree Wylie said she had at least seven smoke detectors scattered throughout her three-story home in Coatesville the night her son and 2 grandsons died in a fire. According to this article in the Philadelphia Daily News, none of the ionization detectors went off, even though she had just replaced the batteries. She awoke to use the bathroom and smelled smoke. The smoke grew so thick within seconds that she could not get to her 11-year-old son or her grandsons. All three boys died of smoke inhalation in what is being considered the result of a defective product design in Pennsylvania.

Because ionization detectors are less sensitive to the smoke produced by smoldering fires, they can take a half-hour or more longer than their competitor (photoelectric detectors) to alert residents of danger.

In Wylie’s case, the delay was the difference between life and death.

Because of tragedies like this, Jay Fleming, a Boston deputy fire chief, is educating fire and government officials and the public about the potentially deadly deficiencies of ionization (ion) detectors.

Consumers have three choices in smoke-detector technology: ion or photoelectric alarms, or a hybrid of the two.

Continue reading "Coatesville Fire Kills 3 Boys, Ion Smoke Detectors Blamed " »