Orlando Personal Injury Lawyer - defective product

Medical Device Product Immunity Gets Another Look

Ed Normand — Sun, 23 Aug 2009 12:20:00 GMT

In 2008, the U.S. Supreme Court in Riegel v. Medtronic ruled that a manufacturer could not be held liable if its medical device was defective, even when the device is recalled, as long as the device was approved by the Food and Drug Administration before it hit the market. Medtronic recently issued a recall for malfunctioning pacemakers, the majority of which have been implanted in patients for five years or longer. Last month, the FDA notified affected patients that these defective pacemakers may cause fainting or lightheadedness, and other symptoms associated with an abnormal heart rate. In rare cases, the FDA stated that serious injury or even death could result. More than 21,000 pacemakers have been recalled, and Medtronic is recommending the removal of the affected pacemakers. Under the 2008 Supreme Court decision, Medtronic is protected against liability because the pacemaker was approved by the FDA pre-market.

Congress is now considering legislation entitled The Medical Device Safety Act of 2009, introduced by Henry Waxman (D-CA), Chair of the House Committee on Energy and Commerce, and Frank Pallone (D-NJ), Chair of the Health Subcommittee. The Act seeks to overturn the 2008 Supreme Court decision, and give consumers the right to hold manufacturers liable through product liability lawsuits filed at the state level. Consumers would be able to seek compensation for pain and suffering, lost wages and medical expenses resulting from injuries caused by a medical device, or caused by inadequate safety warnings. The Act would put the safety of consumers first, and eliminate the broad immunity from liability that medical device manufacturers enjoy. Manufacturers would have an obligation and an incentive to ensure the ongoing safety of their products, and not rest on their laurels after FDA approval.

The Medical Device Safety Act of 2009 has the support of the New England Journal of Medicine, the American Bar Association, and the AARP, among others. Senators Ted Kennedy (D-MA), Chairman of the Senate Health, Education, Labor & Pensions Committee, and Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, have introduced a companion bill in the U.S. Senate.

Originally posted at InjuryBoard by Ed Normand

Peanut Butter Danger Speads To 491 Infected Persons

Ed Normand — Sun, 25 Jan 2009 08:44:00 GMT

The food poisoning outbreak related to Salmonella keeps getting larger and larger. According to the the United States Center for Disease Control (CDC) there are now 491 reported cases of people infected with the outbreak strain of Salmonella Typhimurium. have been reported from 43 states and Canada. The illness is very broad with reported peanut butter related infections in the elderly and children, and infecting men and women about equally. This is a very serious infection. Already seven deaths are reported to be related to the peanut butter infection. According to the CDC:

Among the persons with confirmed, reported dates available, illnesses began between September 14, 2008 and January 8, 2009. Patients range in age from <1 to 98 years; 48% are female. Among persons with available information, 22% reported being hospitalized. Infection may have contributed to seven deaths.

Some may wonder what the legal remedies are for persons infected from the peanut butter salmonella outbreak. Essentially in Florida product liability laws govern the claims related to food poisoning ingestion from food products. Most product liability claims fall under two legal claims: negligence and strict liability. Negligence claims will require proof that the peanut butter manufacturer, supplier, seller or distributor was breached the appropriate standard of care in the storage, manufacture or transport of the peanut butter that caused the infection from salmonella contained within the peanut butter. Strict liability claims hold everyone in the chain of distribution of the infected peanut butter--manufacturers, suppliers, and even retail sellers of the product (the Walmarts, Publix etc..) for the sale of an unreasonably dangerous product. Because infected peanut butter is unreasonably dangerous and because the exact source of the contaminations are still being evaluated the strict liability product liability claim is essential to these the succesful pursuit of a peanut butter salmonella related injury or death claim.

Originally posted at InjuryBoard by Ed Normand

If you dont like our tort system, compare it to others

Ed Normand — Sat, 03 Jan 2009 11:14:08 GMT

Chinese parents are angry. Not only are they limited to one child per family but their one child is at risk from dangerous products and faulty construction to name a few recent events. The Chinese government has come up with a compensation system to make amends for the deaths of children who died in collapsed schools during the recent earthquake and for children who died or who hurt from consuming contaminated baby formula. In the earthquake in May 7,000 classrooms collapsed killing thousands of children. Later many Chinese children died and thousands were hurt from Melamine contamination of baby formula. According to MSNBC the Chinese government has come up with its own tort compensation system for the product liability damages and deaths:

Compensation will be available to families of victims in both instances. The government has offered $8,823 for each killed child to the quake parents. The China Dairy Association this week confirmed a compensation plan was in the works for the milk parents. Some reports have said families could receive up to $29,000 if their children died, but the details are still unclear.

Now in our product liability system a jury of our peers would evaluate the conduct of the builders and manufacturers and then award compensation commensurate with the suffering they caused. Contrast that with the Chinese system where to contaminate baby formula with industrial chemicals to save money or to build a school with shoddy construction to save on costs is conduct that merits a mere pittance provided to the chinese families for the loss of what is usually their only child.

Originally posted at InjuryBoard by Ed Normand

Hidden Dangers in Pools

Ed Normand — Mon, 18 Aug 2008 10:28:00 GMT

Most pools in the United States have drain covers without shut off valves. This is a severe danger because children can get trapped in the drainage system and drowned. What happens is that the drain in the pool creates a suction from the pool filter pump. The child can get their hair or body part caught in the drain suction and can't escape. This has caused hundreds of injuries and at least thirty deaths in the United States alone.

This is not a new problem. In fact, the problem is so prevalent that the U.S. Congress in December 2007 passed a law to require pool manufacturers to comply with safety standards to prevent this danger in public pools. A recent survey by ABC News showed that the defective pool drains still exist in 75% of the public pools in the Country. Think about that, these are public pools maintained for use by the public, not private pools. Most citizens have no idea of the danger created by these defective pools and further would expect that the public pools at least would comply with the minimum governmental standards. Sadly, they do not.

What can we do? Contact your local city or county agency that maintains the public pools and ask them to maintain the pools in compliance with the Virginia Graeme Baker Pool & Spa Safety Act. Safety drain covers and shut off valves are cheap fixes, especially when compared to the life long care needs for a brain damaged child caught in a pool drain.

Originally posted at InjuryBoard by Ed Normand

Florida Department of Health Advises FDA of Adverse Reactions to Dietary Supplement

Sandy Grinnell — Tue, 01 Apr 2008 09:03:51 GMT

The Florida Department of Health has advised the Food and Drug Administration (FDA) of 23 cases of adverse reactions to a liquid supplement distributed by Total Body Essential Nutrition based in Atlanta. As a result the FDA has issued a consumer alert warning consumers to immediately discontinue using the Tropical Orange and Peach Nectar flavored "Total Body Formula" and the Orange/Tangerine flavored "Total Body Mega Formula" supplements.

The symptoms being reported include "siginificant hair loss, muscle cramps, diarrhea, joint pain and fatigue" after using the products for as little as seven days. The source of these reactions has yet to be determined and the FDA will issue more information as it becomes available.

Meanwhile, consumers are advised to discontinue use immediately and to seek medical attention if they have taken the supplements and experience any of these symptoms.

Originally posted at InjuryBoard by Sandy Grinnell

Lead Based Childrens Bracelets Recalled

Sandy Grinnell — Sat, 16 Feb 2008 06:07:15 GMT

The Consumer Products Safety Commission has issued a recall of llittle girls "Life of Faith Charm Bracelets" that have excessive amounts of lead in them. The bracelets, manufactured in China of course, have the following religious symbols;

Bible, angel, cross, heart, and praying hands

as well as white painted beads. The bracelets were sold in a set that included a child's bracelet as well as one for a doll. High lead content in children's jewelry is very disturbing due to a child's propensity to absent mindedly put them in their mouths. Parents should take the bracelets away from children immediately and return them to Mission City Press, the importer, for a full refund.

Originally posted at InjuryBoard by Sandy Grinnell

Icy Hot Recall

Diego Madrigal — Mon, 11 Feb 2008 16:00:37 GMT

Chattem, Inc. along with the FDA have voluntarily recalled some of the popular Icy Hot Therapy product line. The products are

- Icy Hot Heat Therapy Air Activated Heat - Back
- Icy Hot Heat Therapy Air Activated Heat - Arm, Neck and Leg
- Icy Hot Heat Therapy Air Activated Heal - Arm, Neck and Leg, single-consumer use "samples" distributed on a limited promotional basis in cartons of 3 oz. Aspercreme Pain Relieving Cream.

Consumers reported that they would receive first, second and third degree burns along with skin irritation when using these products. Any consumer who has Icy Hot should stop using the product and either throw it out or return in to Chattem for a full refund. You may reach Chattem at 1-888-458-3487. In addition, any negative reactions to the product should be reported to the FDA immediately.

Originally posted at InjuryBoard by Diego Madrigal

Child Safety Seat Recall

Sandy Grinnell — Mon, 11 Feb 2008 09:32:43 GMT

Evenflo, the maker of the Discovery child safety seat, is voluntarily recalling over 1,000,000 car seats. The car seat is a carrier that locks into a base which then is strapped to the rear seat of the vehicle. The manufacturer reports that studies show side impact crashes may cause the carrier to separate from the base allowing the child to fly about the inside of the car. The current recall effects only those seats built from the year 2005 through 2008.

A north Florida family however, says the recall should extend beyond the year 2005. They have filed a lawsuit in Florida that says their child was injured when a seat made in the year 2000 came apart in an accident back in 2002. Their attorney, Doug Gentile from Kansas City, maintains that Evenflo has had consistent problems but fails to report them to the Federal government.

"It's rather outrageous that they stopped the recall (at 2005 models) when the problem plagues several million more car seats manufactured before that date," Gentile said.

As reported in the Kansas City Star , in 2004 the National Highway Traffic Safety Administration (NHTSA) questioned the safety and reliability of the Discovery car seat. But after analyzing 51 incidents of broken seats resulting in 21 injuires and 6 fatilities, NHTSA determined "a safety-related defect has not been indentfiied at this time."

Gary Whitman, an expert in the Florida case, seems to believe that the problems investigated in 2004 are similar to those defects in the current recall. "Both are related because of the way the carrier engages with the base. The only changes made to the Discovery should have decreased the chance of release, not increased it," he said.

If parents are currently using one of the recalled Discovery child seats to restrain their child, they should contact Evenflo immediately to obtain an additional dual-hook to ensure the saftey of their child in the event of a side impact crash. They can be reached at 800-356-2229 or they can contact NHTSA at 888-327-4236.

Originally posted at InjuryBoard by Sandy Grinnell

Another Dangerous Chinese Made Product

Ed Normand — Wed, 14 Nov 2007 13:38:27 GMT

Add the children's toy "Aqua Dots Super Studio" to the list of dangerous products sold to American children that were manufactured in China. According to the Consumer Product Safety Commission (CPSC) if the dots are swallowed they can convert into a chemical like that found in the dangerous, often abused, drug known as GHB. Young children have sustained serious life threatening injuries from swallowing this product. Sadly, the CPSC has no control over the manufacturing process in China. This Christmas, look for the label, "Made in the United States". It may be worth the little extra you spend to have the peace of mind to know that our U.S. product safety standards work to make your children safe.

\\For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Ed Normand

Popular Aqua Dots Crafts for Children Recalled

Sandy Grinnell — Thu, 08 Nov 2007 14:02:15 GMT

The Consumer Products Safety Commission announced that Spin Master of Toronto, Canada is recalling approximately 4.2 miilion sets of Aqua Dots due to a toxic coating on the beads. If swallowed, the chemical reacts with the body similar to GHB also known as the date rape drug. There have been reports of two children who ended up in the hospital in a coma after swallowing the beads. Parents should immediately take all Aqua Dots beads from their children for their own safety. Spin Master is offering replacement beads or another toy in place of the defective products.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Sandy Grinnell