Organic Beef Recall

December 31, 2010, by Ronald V. Miller, Jr.

First Class Foods announced an an organic beef recall in at least six states: California, New Jersey, New York, North Carolina, Wisconsin, and Washington state. The recall was precipitated by concern that 34,373 pounds of its organic beef products is at risk of possible E. coli contamination.

You can learn more about the details of what beef is being recalled here.

Ford Truck Recall

December 30, 2010, by Ronald V. Miller, Jr.

Ford has issued a recall for almost 15,000 Ford trucks and crossovers after conderns about electrical systems shorting and catching fire. This Ford recall includes the following brand new 2011 vehicles. F-150, F-250, F-350, F-450, F-550, Ford Edge and Lincoln MKX vehicles. Ford makes these trucks fast: the defective part was made over a six day period (by a supplier, not by Ford).

Snow Blower Recall

December 30, 2010, by Ronald V. Miller, Jr.

Honda issued a recall yesterday for over 18,000 snow blowers. The problem with this Honda snow blower, which has been sold for the past 5 years, is that the fuel tank joint and o-ring located on the snow blower's fuel tank (you probably know where this is going) leaks and causes the fuel to seep out resulting in a fire hazard.

Honda claims no fires have been reported but it has received 90 reports of seeping or dripping fuel. If 90 people are telling Honda this, you would have to believe the actual incidence of the problem is exponentially higher.

The snow blowers subject to this recall were expensive, costing between $2,000 and $3,400. They were sold from April 2005 through November of this year. The recall is for:

-- Model number HS724 with frame serial number SZBE-1037913 through 1046577.
-- Model number HS928 with frame serial number SZAS-1151080 through 1169012.
-- Model number HS1132 with frame serial number SZBF-1018734 through 1025998.

The model number is on the side of the front scoop and the serial number is on the backend below the engine. If you have one of these defective Honda snow blowers, you should stop using the machine. You should go to a Honda Power Equipment dealer and they will fix the defect without charge.

Product Recall/Product Liability News

December 29, 2010, by Ronald V. Miller, Jr.

This is a summary of the recall/product liability news you've missed over the last few days of your holiday:

  • BB Buggies recalled 93,000 classic buggies for injury risks
  • The Drug and Device Law Blog brings good news from the Stryker hip implant cases (even if it does not view it as such)
  • The Mass Tort Defense Blog reports on a plaintiffs' verdict that got overturned in Mississippi in an opinion interpreting the discovery rule. It would be hard to find a more political Supreme Court than in Mississippi. Exhibit A? A Mississippi Supreme Court Justice writing to me. I'm just saying.
  • QVC Candle Holder Recall. Not exactly Christmas cheer.
  • Health Buzz: Huge Recall of Diabetes Test Strips (U.S. News and World Report)
  • Recall alert: Rice Krispies Treats Holiday Village Kit sold at Michaels
  • CPSC Recall: BabyLegs leg warmers and socks pose choking hazards
  • Company Recalls Additional Lots of RockHard Weekend and Pandora Sexual Enhancement “Supplements”. You can fill in your own joke and all but the FDA needs to put tighter strings on this type of stuff.
  • Soup sellers grateful no one ill after recall
  • McNeil Consumer Healthcare cited for Fort Washington plant (Fort Washington, Pennsylvania, not Maryland)
  • Judge bars crib report from trial (issue involves admissibility of CPSC report in a criminal trial)
  • FDA: Don't eat Tiny Greens brand alfalfa sprouts
  • Capelin, Cheese, Pastries: Crab Dips Recalled for E.Coli, Listeria, Botulism, S. Aureus Food Poisoning
  • CFIA-Allergy Alert - Undeclared Peanuts in Certain Chocolate Chip Cookies Produced and Sold at Thrifty Foods Broadmead (Victoria, BC)
  • Wal-Mart Recalls Electric Heaters Due to Fire and Burn Hazard
  • Some Gingerbread Products Are Being Recalled
  • BP, Toyota, NPR top 2010 PR blunders list
  • J&D Produce Announces Recall of "Little Bear" Brand Cilantro and Parsley for Salmonella Risk

Chrysler Part Recall

December 29, 2010, by Ronald V. Miller, Jr.

Federal-Mogul has issued a recall for 22,689 replacement control arm assemblies it sold to Chrysler because a ball stud could wear through the assembly housing and cause a car accident due to the driver's inability to control the car's steering.

Car accident lawyers hear the "I lost the steering" defense all of the time. In fact, I heard a defendant give that defense with no foundation just two weeks ago. But in this case, they might be on to something.

One thing to point out is that car manufacturers - and parts manufacturers - are typically much quicker to identify problems. It is not 1960 anymore. So for all we know, this could be Federal-Mogul just getting out in front of a problem that is likely to be resolved without anyone getting hurt from this defect.

QVC Candle Holder Recall

December 28, 2010, by Ronald V. Miller, Jr.

QVC has issued a recall of about 14,000 metallic spinning candle holders because of a fire hazard. Apparently, someone figured out after the product went on QVC that these metallic spinning candle holders catch fire pretty easily and your friendly fire quickly turns hostile.

At least QVC has stepped up and notified purchasers of the recalled candle holders and will mail QVC customers information on how to get a refund.

Walmart Heater Recall

December 27, 2010, by Ronald V. Miller, Jr.

Walmart has issued a recall of 2.2 million portable electric heaters due to a fire hazard after receiving 21 reports of fire or sparking with these heaters. Three people required medical treatment. The electric heaters subject to the recall were sold under the names Flow Pro, Airtech, Aloha Breeze, and Comfort Essentials 11.

These Chinese made electric heaters are 1500 watt heaters and are gray with gray control knobs. They have vent openings on the front and a metal handle on the top. Model number 1013 is located on a label on the back of the heater.

These heaters cost around $18. So do the math. It is an expensive recall for Walmart. Of course, this assumes that people will respond to the recall for an $18 item that they are unlikely to ever hear about.

Chantix Suicide Lawsuit

December 26, 2010, by Ronald V. Miller, Jr.

A new study underscores the association of Chantix to violent acts, including suicide.

The study, published in the medical journal PLoS ONE, reviewed FDA adverse event reports, finding that Chantix was associated with 408 adverse reports involving violence. This is more than twice any other drug on the market.

This study bolsters what many Chantix lawsuits have alleged: that Chantix causes violence and suicide in a minority of patients. Why does Chantix do this? No one knows for sure. But Chantix increases the release of dopamine or serotonin to the brain which may cause animus consequences in some patients.

The study indicated something else interesting, that people committing violent acts while on Chantix were not necessarily the "pushed over the edge" type. Chantix may cause people to commit violent acts rather suddenly but then the urge to cause harm to oneself or others quickly dissipates.

Accordingly, our Chantix lawyers are now investigating potential lawsuits for suicides on Chantix. If you or a loved one on Chantix has experienced an injury as a result of any of these symptoms or events, or if you are a lawyer looking to refer your potential Chantix lawsuit to a pharmaceutical lawyer, call a Chantix class action lawyer at 1-800-553-8082 or get a free online consultation.

Whole Foods Gingerbread Houses Recall

December 26, 2010, by Ronald V. Miller, Jr.

'Tis the season for Salmonella? Gingerbread houses sold at Whole Foods are among the desserts subject to a recall after reports of food poisoning.

The gingerbread houses, manufactured by Rolf's Patisserie, were recalled on Christmas Eve. A total of 100 cases of salmonella have been reported.

Salmonella can do the most damage to children and the elderly. Certainly, children are disproportionately eating more gingerbread houses.

The FDA recommends disposing of the desserts in a sealed container so people and animals cannot get access to and eat them. The company is working with retailers and restaurants to remove and discard the contaminated products from their shelves.

The following may have this product found at Whole Foods in 23 states: Arkansas, Colorado, Connecticut, Illinois, Indiana, Florida, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, New York, Oklahoma, Rhode Island, Texas, Utah and Wisconsin

Parsley and Cilantro Recall

December 25, 2010, by Ronald V. Miller, Jr.

J&D Produce has issued a recall for some packages of curly parsley and cilantro after finding salmonella on curly parsley in Quebec and cilantro in Detroit. The parsley and cilantro subject to the recall were packed between November 30th and December 6th.

The AP provides more information here.

2010 Car Recalls

December 24, 2010, by Ronald V. Miller, Jr.

Here is a good roundup of car recalls in the last 60 days. It has really been an amazing run.

Toyota Floor Mat Settlement

December 24, 2010, by Ronald V. Miller, Jr.

Toyota has reached a $10 million settlement in a wrongful death lawsuit on behalf of the family of four people killed in a 2009 car accident in a runaway Lexus.

Toyota was fine with settling the case. It was painfully clear that a faulty floor mat was to blame and Toyota recalled millions of cars to replace their floor mats. Instead, Toyota was upset that the amount of the $10 million settlement leaked out.

I actually appreciate their concern. I'm not a huge fan of confidential settlements. But if it is confidential, it is confidential. The problem is, it is hard to get people to shut-up after a $10 million settlement. I don't know who leaked it. But everyone talks on both sides after confidential settlements. The leaks don't go far because no one really cares. But when you add Toyota - particularly today - and $10 million, the leaks have legs.

Dilatation Catherter Recall

December 23, 2010, by Ronald V. Miller, Jr.

Ev3 issued a recall of some dilatation catheters lots due to problems with the shaft of the device. The problem is that the catheter shaft could crack or break, leading to unplanned open surgery injury, infarct, bleeding and death. The notice of the recall was last month. For whatever reason, it is just getting reported now.

The product subject to the recall, the NanoCross .014" OTW PTA dilatation catheter, is not an implant. It is a medical device used for balloon dilatation of the stenotic portion of a coronary artery or bypass graft stenosis to improve myocardial perfusion.

This dilation catherter is a Class I recall which is the opposite of the Lipitor recall I wrote about earlier this week. A Class I recall means the FDA is concerned that using these dilation catherters could cause serious adverse health consequences or death.

Cadillac Recall

December 23, 2010, by Ronald V. Miller, Jr.

GM will recall almost 96,000 Cadillac CTS vehicles because of a defect that may could disable the front-seat air bags. Cadillac CTS's between model years 2005 and 2007 are subject tot he recall.

Glucose Test Recall

December 22, 2010, by Ronald V. Miller, Jr.

Abbott Laboratories issued a recall of 359 million glucose test strips, as the strips may yield false blood-glucose results. False results on a glucose test could cause doctors or patients themselves to raise blood glucose levels unnecessarily or, alternatively, fail to treat elevated blood glucose levels because of a false reading showing a low level. This is a huge issue for diabetes patients who are monitoring their blood glucose levels.

The defect that caused the recall is the glucose test strips' inability to absorb enough blood for accurate monitoring. I don't think there is clear information now as to exactly what the source of the problem is.

Precision Xceed Pro, Precision Xtra, MediSense Optium, Optium, OptiumEZ and ReliOn Ultima are the brands subject to the recall. They are used both by doctors and by patients themselves.

Are there going to be lawsuits from this recall? I think there will be. But I think the vast majority of claims are going to go nowhere because there will be such a difficult time linking the injury to the test results. Our lawyers are not reviewing these claims.

Lamp Recall

December 21, 2010, by Ronald V. Miller, Jr.

CDX Group issued a recall of about 1,600 desk and table lamps. The problem was discovered after a fire hazard led to a finding of substandard electrical wiring, connections and plugs in these lamps.

I wonder how many people who own these lamps are going to get notice of this recall. The products at issue were sold in Brooklyn, New York and Lexington, Kentucky from April 2010 through July 2010 for between $5 and $10. Are folks who bought a $10 lamp focused on checking product recalls? I've bought my share of $10 lamps and I can't tell you when and where I bought them. I would be curious as to how many of the estimated 1,600 know of this recall.

You can read more about this in the New York Injury News.

Lipitor Recall

December 20, 2010, by Ronald V. Miller, Jr.

Pfizer announced a recall of about 19,000 bottles of Lipitor tablets after a report of a bad odor in a bottle of Lipitor. It has been a while since the last Lipitor recall. No, wait that is not quite right. There was one in October. This is the fourth Lipitor recall since August with complaints of an odor problem.

The odor seems to be caused by the same problem: a chemical called TBA that comes from a wood preservative commonly used in shipping pallets. Johnson & Johnson had the same problem in a big way with Tylenol.

On the Recall Richter scale, this Lipitor recall ranks a .001. This is a common problem drug companies have and there is no evidence - so far anyway - that the TBA causes injury. No one wants to open up a bad smelling drug so Pfizer takes a little bad medicine PR. But, in the end, the Pfizer recalls I'm worried about are the ones that are harming people. This recall is like news on Lindsay Lohan: interesting but, ultimately, of no consequence.

Broken Femur Settlements and Lawsuits

December 20, 2010, by Ronald V. Miller, Jr.

You hate to single out "most important bones to break" particularly as a segue into discussing the value of injury claims. Still, the femur is a pretty important bone, certainly on the "top 10" list of important bones that are not in the spinal cord. Approximately one-fourth of your height is made up of the length of your femur. The Maryland Injury Lawyer blog has a discussion of the value of broken femur cases and settlement and verdict data generally.

GM Seat Belt Recall

December 18, 2010, by Ronald V. Miller, Jr.

General Motors has annouced a recall for a defective seat belt anchor for almost 100,000 2011 Chevrolet Equinox, GMC Terrain and Cadillac SRXs.

According to the National Highway Traffic Safety Administration (NHTSA), the driver and/or front passenger safety belt buckle anchor on these crossover vehicles may fracture and separate near the seat attachment in a car accident. GM has had this problem before. There ar no report of injuries which may well be the case. But it is also unlikely that every broken seat belt anchor is reported to GM, either.

If you own one of these new cars, you can contact Cadillac at 866-982-2339, Chevrolet at 800-630-2438, and GMC at 866-996-9463. You can also deal learn more about the recall, which will begin January 18, 2011, here.

Cheese Recall

December 17, 2010, by Ronald V. Miller, Jr.

The FDA has issued a recall of Sally Jackson cheese amid concerns of E coli contamination E coli can cause severe illness and attacks with particularly vigor children and the elderly. The recall was reportedly caused by santation issues at Sally Jackson's cheese processing facility in Washington state. Eight people have gotten sick from E coli who have reportedly eaten cheese. Only one is positively IDed as Sally Jackson cheese but it sounds like investigators think that they will find that other Sally Jackson cheese was implicated.

The FDA said that any Sally Jackson cheese should be discarded and kept out of reach of children and animals in a closed plastic bag. The even better play is to return the cheese from wherever your purchased it.

Like many cheeses, Sally Jackson makes its cheese with raw milk that has not been pasteurized. It is permissible practice as long as the cheese is properly aged but there is some question as to how long the cheese should be aged. How long the cheese subject to this recall was aged or whether that has something to do with this E coli outbreak remains to be seen.

Hyundai Recall of Santa Fe and Sorentos

December 15, 2010, by Ronald V. Miller, Jr.

Hyundai has issued a recall of brand new 2010 Santa Fe and Kia Sorentos. Hyundai reports that both vehicles have rear brakes issues that may cause the loss of breaking power due to leaking brake fluid.

The recalls affect about 1,783 Santa Fe vehicles 7,697 Sorentos.

Enjoy your new car. But, ah, we need it back. Right now.

Drop Side Cribs Banned By Feds

December 15, 2010, by Ronald V. Miller, Jr.

Federal product safety regulators voted unanimously today to ban the production and sale of drop side cribs in the United States. Inexplicably, the ban goes into effect in June. If these things put our most fragile at risk, why wait? Hey, manufacturers, make your drop side cribs now while there is still time.

We have written so many blog posts here on drop side crib recalls. Literally millions of drop side cribs have been recalled. You read so many statistics on the Internet, they all get so lost in the shuffle. But consider this: there have been 36 reported infant deaths associated with crib structural problems. It is such an awful and unnecessary way for a baby to die.

Average Injury Verdicts in California

December 15, 2010, by Ronald V. Miller, Jr.

Jury Verdict Research found earlier this year that the average money damage award for personal injury trials in California is $1,814,094. The median verdict, perhaps a better statistic, is $114,305. Other interesting facts from the study:

  • The median verdict in a wrongful death case is $2,212,936, compared to the national average of $1,450,000
  • Approximately 17% of the verdicts in California were back and neck strains. They pull the median and average verdicts down. The median back and neck strain verdict was $10,885
  • California plaintiffs in personal injury cases received an award 41% of the time.
  • The median California disc injury verdict was $84,550 compared to the national average of $50,000.
  • Brain injury verdicts are worth more in California, but not as much as a lot of other types of injuries. The median for California brain injuries is $1,595,000. Nationally, the median verdict is $1,400,000

It is certainly fair to summarize all of this by saying that juries in California put a higher value on personal injury cases than the average American does.

Volkswagen Recall

December 15, 2010, by Ronald V. Miller, Jr.

Volkswagen has issued a recall of 377,000 vehicles after discovering a fuel line problem with some of its cars with a 2.5-liter 5-cylinder engine (2007–2009 Golf, Jetta and Jetta Sportwagen; 2006–2010 New Beetle and the 2007–2009 Rabbit). Apparently, the fuel line is rubbing up against something which creates a hole in the fuel line. Obviously, when you think hole in the fuel line you think fires but there are no reports from Volkswagen of anyone who actually had a fire.

Depending on the model, Volkswagen dealers will remove or reposition parts that could potentially interfere with the cars' fuel lines.

Keywords for Lawyers: Blogging at Its Finest

December 15, 2010, by Ronald V. Miller, Jr.

This from an article I read on my RSS feed yesterday:

    A brain injury lawyer and its brain injury law firm in the United States had affirmed that most cases they have been represented with regards to injuries were usually caused by medical malpractice.

Good job getting those keywords in there. I hardly noticed.

If you are writing a blog or an article and trying to draw readers, you throw out keywords that don't necessarily flow as you would if you were not keeping the keywords in mind. Admittedly, I do this. But this is beyond ridiculous.

Chrysler Recall

December 15, 2010, by Ronald V. Miller, Jr.

Chrysler will recall almost 400,000 2008 Chrysler Town & Country and Dodge Grand Caravan minivans. The problem? A water leak that could wreak havoc on the passenger side air bag, causing it to deploy in spite of the fact that there has been no car accident. Not exactly the purpose of an air bag.

Apparently, the Chrysler water leak problem stemmed from improperly assembled drains for the air-conditioning. A little disturbing: Chrysler knew of the problem back in 2008 and just now linked it to the water leaks. Lee Iacocca would not have let this happen on his watch. (I'm just kidding, I have no idea.)

Chrysler will reimburse owners whose warranties had expired and who paid to have the leak fixed if they can provide an original receipt and/or "other adequate proof of payment.” My guess is that adequate proof of payment will be, "I'm telling you, I paid X."

Walnut Recall

December 14, 2010, by Ronald V. Miller, Jr.

Just in time for Christmas, a walnut recall. Atlas Walnuts has issued a recall because their nuts may contain salmonella. This is the second time in the last month that there has been a concern with Atlas Walnuts. Mojave Foods recently issued a recall for some walnuts that were supplied by Atlas Walnuts. But I don't think we are talking about a lot of walnuts and I don't think there have been any serious injuries or illnesses.

Interesting aside: I've been writing about a lot of salmonella recalls of late. Almost everyone capitalizes salmonella and I think it is technically correct to do so. But it looks so strange, I cannot bring myself to do it.

You can find more on this walnut recall on Food Safety News.

Toyota Sienna Recall

December 13, 2010, by Ronald V. Miller, Jr.

Toyota has annoucned a recall 94,000 of its new 2011 Toyota Sienna. Apparently, the stop lamp switch bracket, which provides the light for the Sienna's brake lights after the brake pedal has been pushed was built too close to the break. So when the parking brake pedal is fully applied, the stop lamp switch bracket gets messed up. So you might have the crazy situation where th brake lights stay on or, worse, the brakes could become partially engaged leading to brake vibration, noise, illumination of the brake warning light, and probabaly a host of other things we can't think of but will happen.

I'm probably making this out to be more dramatic than it is. But, still, it is not good for Toyota to get another recall. If a company needs a recall holiday right now other than Johnson and Johnson, it is Toyota.

Darvocet Recall Lawsuit

December 13, 2010, by Ronald V. Miller, Jr.

We have added a page to our website on the Darvocet recall lawsuits. These lawsuits, which have been wandering out there for a while, have gained new steam since the FDA announced last month that Xanodyne Pharmaceuticals will recall Darvon and Darvocet due to, among other things, the risk of serious or fatal injury from heart rhythm abnormalities.

$15 Million Verdict in Fatal DWI Crash

December 13, 2010, by Ronald V. Miller, Jr.

An Indiana federal court judge awarded $15 million to the family of a man who was killed in a truck accident in 2005 caused by a drunk driver. The award included $6.3 million in punitive damages.

The verdict is probably "not real" in that I doubt there is anything resembling enough money to pay the judge's verdict. No lawyer appeared for the trucking company which means there is little chance of insurance coverage. But it sounds like this case set up like a classic bad guy truck driver and trucking company case. Not only was the truck driver drunk, but he had been driving longer than federal regulations allow. The trucking company did what happens more frequently than you think in truck accident cases (and, by the way, less frequently than you think in malpractice claims); they doctored their logs to conceal their violation of federal trucking law.

Making matters worse, the trucking company then started hiding assets and selling property right after the accident. This is one more dastardly example of truck accident lawyers defending insurance companies and advising - even publicly lecturing - trucking companies on creative ways to limit liability. I wrote about this last year.


Rolaids Recall

December 10, 2010, by Ronald V. Miller, Jr.

This Rolaids recall does not spell relief for Johnson & Johnson. Yet another recall for this battered company.

I would buy stock in Johnson & Johnson right now. I'm not kidding. This has been a great company for such a long time. You have to think the fundamentals are there to turn this ship back on path.

Bike Recall

December 9, 2010, by Ronald V. Miller, Jr.

There is a recall of about 200 Redline bicycles. Seattle Bike Supply, the manufacturer of the bike, has received reports that the head tube is separating from the frame, causing the rider to lose control and fall. Seattle Bike is the exclusive distributor in the United States for Lapierre cycles, WeThePeople, Macneil, BeBop pedals and Basil bags.

It seems like this bike manufacturer has gotten out in front of this small recall although they received four reports of people suffering minor injuries as a result of this problem. The thing about a bike, though, is that what would be a small accident to a car can be a serious or fatal accident on a bike.

  • Average bike accident verdict and why juries don't like bicyclists
  • Let's state the obvious: bike helmets are a good idea

Facebook Lawsuit

December 9, 2010, by Ronald V. Miller, Jr.

Facebook lawsuit. Facebook lawsuit. Let's be clear. This is a naked obnoxious effort to try to draw more readers to the site. Because for some reason, everyone wants to read about the latest Facebook lawsuit. If you just Googled "Facebook lawsuit," let me ask you. Why? Anyway, I'm glad you are here. Stay a while and come back in the future. We love regular readers.

Back to the whole Facebook lawsuit. Cameron and Tyler Winklevoss the twins who are bitter at missing out on the chance of a lifetime - of a 1,000 lifetimes - with Facebook keep trying to use the legal system to make things right, i.e. turn back time on what in hindsight was a bad business decision. They have filed another lawsuit against Facebook creator Mark Zuckerberg claiming the value of the company was underestimated and that they deserve more money.

It must feel awful to have been on the brink of unbelievable riches and letting that opportunity slip through your fingertips. But I do find it exausting for people to use the legal system to essentially vent. Because I have a real trial that needs to more forward and this is taking up way too much time when we all know what the outcome is going to be.

Oh, I forgot to say one more thing. Facebook lawsuit. In case you missed it the first time.

Bed, Bath and Beyond Candle recall

December 9, 2010, by Ronald V. Miller, Jr.

The Consumer Product Safety Commission announced a recall of an additional 12,000 metallic pillar candles. Apparently, the paint on these candles poses a burn risk. The candles were made by General Wax & Candle. All of the candles in this recall were sold at Bed, Bath and Beyond. The crazy thing is that a similar recall for the same manufacturer was issued in November for candles that there were sold at mall favorite Yankee Candle.

Kids Pants and Shorts Recall

December 9, 2010, by Ronald V. Miller, Jr.

The CPSC announced a recall of 1,200 toddler girls' shorts and pants. The concern is the usual for children and products: choking. The problem is that the metal clasp on the waistband can detach which poses a choking hazard. American Eagle noted when announcing the recall that no injuries have been reported involving this product.

Levaquin Verdict

December 8, 2010, by Ronald V. Miller, Jr.

The first Levaquin lawsuit to go to trial made a loud statement. A Minnesota jury ordered Johnson & Johnson to pay $1.8 million in a Levaquin failure to warn case. The jury sent Johnson & Johnson a real message: $1.1 million of the award was punitive damages. When the jury's punitive damages award exceeds the actual damage award, you can be sure of one thing: the jury was offended by what J&J did. The jury spent three weeks with J&J and got to know them a little bit. They won't be taking them out for a beer.

Plaintiff's lawsuit alleged that Johnson & Johnson failed to adequately warn patients that its Levaquin may cause tendon damage. The verdict from a jury of eight men and four women comes after nearly three weeks of often-riveting, but sometimes mind-numbingly technical testimony that explored the wiles of epidemiology, clinical studies and complicated drug regulations.

Volvo Seat Recall

December 7, 2010, by Ronald V. Miller, Jr.

Volvo has issued a recall of 7,420 vehicles over a concern with a seat safety. Apparently, some - and I'm not sure which - 2009-2011 S40, S60, V50 and XC60 vehicles equipped with power front passengers seats have a rail detection system that is defective. The problem is that it allows occupants to move the seat forward too far.

So what? Well, seats with extreme forward positioning put the passengers at increased risk in a car accident. Volvo has not date set for the recall but they intend to make it right and repair the problem at no charge to the consumer.

Rachael Ray Recall

December 7, 2010, by Ronald V. Miller, Jr.

Rachel Ray is being recalled? By who? Okay, there is a recall of Rachael Ray brand two quart teakettles. Go figure. Apparently, these teakettles have burned eight people from hot water spilling from the teakettle's spout. There were four burn injuries although I don't know the severity.

I'm glad Rachel Ray is doing what I guess is the right thing getting out in front of this problem, assuming it is a real problem. The concern that I have with so many recalls is that people begin to lose sight of what is really important. People die in car accidents every year because of product defects that involved recalls that the consumer ignored. I worry that in the cacophony of recalls, people fail to realize what matters and what does not. I don't know the details of this recall. This Rachel Ray teakettle may, in spite of how frivolous it sounds, put people at real risk. It does not sound like it does, but who knows? Either way, it does not change my point about how we have to focus our primary attention on recalls that don't involve odors or minor injuries but those recalls that cause real harm to people. We can and should talk about the others. But the focus should be on the recalls that really cause suffering.

It is worth noting that there were no Oprah related recalls today. Just saying.


Malpractice Insurance Rates in Maryland in 2009

December 7, 2010, by Ronald V. Miller, Jr.

Like most states, Maryland has a small number of insurance companies that provide coverage in the event of a medical malpractice lawsuit. Medical Mutual of Maryland largely dominates the marketplace for reasons that seem pretty clear if the rate information provided below assumes equal coverage for doctors of similar risk.

What I find interesting about medical malpractice insurance in Maryland (and, I think in most states although this information is old), is the dominant player is doctor-owned which is essentially a non-profit. Med Mutual kicks back "profits" to its doctors (which is also a way to artificially increase how much doctors purportedly pay). So the "socialist" Medical Mutual is able to offer insurance more cheaply than its free market competitors. What is the moral of all of this? I have no idea. But here are the rates for Medical Protective, Med Mutual, and Medical Assurance (ProAssurance).

This is the source for this data.

Nutmeg Recall

December 7, 2010, by Ronald V. Miller, Jr.

Salmonella seems ubiquitous these days. There is a recall of nutmeg sold under the Frontier and Whole Foods Market brand names because it may contain salmonella. The nutmeg subject to the recall was sold throughout the country in 16 oz. and 1.92 oz. containers.

There are no reports of injuries. But we all know the risks of salmonella, particularly to our very young and our very old.

Recall of Touch Point Heaters

December 7, 2010, by Ronald V. Miller, Jr.

There is a recall of over 6,000 Touch Point oscillating ceramic heaters. The recall stems from a problem with the oscillating mechanism in these small, low priced heaters. It is shorting out which causes a potential fire hazard. There have been a few accidents resulting in property damage but no injuries.

This recall involves Touch Point PTC oscillating ceramic heaters with model number PTC-902 and serial numbers between 35005-43008. They were sold in Meijer stores in Indiana, Illinois, Kentucky, Michigan, and Ohio from October 2009 through October 2010 for about $25.

DePuy Hip Settlement First Step?

December 6, 2010, by Ronald V. Miller, Jr.

As expected, the panel of judges ruled that federal court DePuy ASR hip recall lawsuits will be consolidated in an MDL. In other words, the DePuy lawsuits will all be put into a pseudo class action for joint discovery. The cases will be handled in a federal court in Ohio.

So, for now, if a lawyer files a DePuy lawsuit in Florida, California or any state in federal court, it will get transferred to Ohio. Given the high rate of failure, this could mean thousands of DePuy lawsuits will be consolidated together in Ohio. This sounds like a lot of lawsuits but do the math. There were over 40,000 hip replacements in the United States using DePuy components. More than 10% of these implants failed. If just half of the DePuy recall victims come forward, you have two thousand cases.

DePuy is based in Indiana so there may also be a volume of state court claims filed in Indiana for DePuy plaintiffs who, for whatever reason, want to steer clear of the federal court proceedings.

Continue reading " DePuy Hip Settlement First Step? " »

DePuy Lawsuit Information

December 6, 2010, by Ronald V. Miller, Jr.

Our law firm has a new page dedicated to DePuy hip replacement recall lawsuits.

Virginia Medical Malpractice Cap to Increase

December 4, 2010, by Ronald V. Miller, Jr.

The Washington Post reports that medical malpractice lawyers and doctors have agreed to support legislation that would raise the cap in medical malpractice lawsuits $50,000 each year. Virginia has a hard cap in medical malpractice cases of $2 million.

DePuy Orthopedics Recall

December 3, 2010, by Ronald V. Miller, Jr.

The Drug Recall Lawyer Blog has a post that talks about the liability claims against Depuy Orthopedics for their hip replacement that was recalled. In these hip replacement lawsuits, like most product cases, the value of the claim increases as you can closer to the recall. At least in theory, the 'last man" to get a DePuy ASR hip replacement should get more money to settle his/her claim than any other plaintiffs (all things being equal, which, of course, they are not).

DePuy Hip Recall: Patients Speak

December 2, 2010, by Ronald V. Miller, Jr.

The Maryland Injury Lawyer Blog now has 36 comments from patients dealing with problems with their DePuy hip replacements.

Let's be honest. In mass tort cases, it is easy for lawyers to loose sight of what the clients are really going through. In the DePuy hip replacement lawsuits, these comments bring some clarity to what some patients are going through.

B.Braun addEase Binary Connector Recall

December 2, 2010, by Ronald V. Miller, Jr.

B. Braun has issued a recall of the addEase Binary Connector, a medical device that controls the amount of medication a patient receives. The recall was precipitated by concerns that loose stopper fragments were detaching and floating in the patient's system. This debris can cause a pulmonary embolism, stroke, heart attack, myocardial infarction and other complications.

Unlike a lot of the recalls we have seen lately with drugs, this is a Class 1 recall which means the FDA believes the device may cause severe injury or death.

The recall is not new news. The FDA first addressed the concerns with the addEase Binary Connector in June. The recall includes addEase Binary Connectors with catalog numbers N7990 and N7933. The binary connectors were manufactured and distributed between April 4, 2004 and June 4, 2010.

Mylanta Recall

December 1, 2010, by Ronald V. Miller, Jr.

Johnson & Johnson issued a recall today of 12 million bottles of Mylanta and almost 85,000 bottles of its AlternaGel liquid antacid. The reason this time? Alcohol is in the flavoring agents in Mylanta and AlternaGel but J&J did not bother to mention this on the package insert.

Toyota has run into a boatload of trouble lately. It is hard to imagine a company taking a worse turn. Yet I am still convinced that Toyota makes good cars.

So the question is pretty simple. Is Johnson & Johnson a bad company or has it just run into an awful patch? (This is a mere sampling.) Most of these problems are not related to patient safety. Sure, what happened with Mylanta is crazy but I think the company is right that it is unlikely that Mylanta or AlternaGel will cause either alcohol absorption or alcohol sensitivity problems. (Please note: I don't really know what I'm talking about here. But I'll bet.)

But where there is smoke, there is fire. If Johnson & Johnson is making this many mistakes, you can't help but wonder how many of their products pose safety risks, many of which we may not yet know about (or may never properly link back to the product).

Lowe's Shades/Blinds Recall

December 1, 2010, by Ronald V. Miller, Jr.

Lowe’s will recall more than 11 million window shades and blinds - six million Roman shades and five million roll-up blinds - after two children were nearly strangled. The incidents involved a two-year-old child in November 2009 and a four year-old child this July. I have no idea why they are just getting around to this now or if anyone else has been hurt by these shades/blinds in the meantime.

Window shades and blinds continue to be a problem. Pottery Barn and IKEA had a large recall last year and there have been a lot of others. Obviously, people need want to have something to cover their windows from the light. But we really need to figure out who is making these products safely, get that information out to the public, and pressure manufacturers to exercise a little more care in making window blinds and shades. Folks, this is going to cost us a few extra bucks and we have to live with that.

Darvon Lawsuits

December 1, 2010, by Ronald V. Miller, Jr.

Darvon lawsuits are gaining steam. It is amazing that it has been this long. Darvon and Darvocet were recalled last month after a 35 year history of wreaking havoc.

The cries to recall Darvon began under Jimmy Carter’s administration when the same usual suspects as today – unbelievably, people like Ralph Nader and Sidney Wolfe - were pushing to take Davon off the market because it was both unsafe and ineffective. They lost that battle in 1979 although, incredibly, Darvon’s manufacturer as a condition of avoiding a recall was required to conduct an educational campaign to limit Darvon’s use.

Finally, over 30 years after Darvon dodged the forced recall bullet, the FDA last month announced the Darvon recall, concluding that Darvon’s side effects were just not worth the trouble.

In spite of the number of overdoses on Darvon, the FDA did nothing. Do you know who else did nothing? Lawyers. Few Darvon lawsuits were filed over the last 35 years. Why? People taking Darvon were often at risk for depression so many accidental overdoses were dismissed as suicides. For lawyers now, the recall is changing this trepidation, as is the science linking Darvon to potentially fatal irregular heart rhythms.

Our law firm is reviewing potential Darvon lawsuits for wrongful death or extremely serious injury cases only. If you would like to discuss your potential Darvon lawsuit with a lawyer, call 800-553-8082 or get a free online consultation.