Pacifier/Teether/Rattle Recall

January 31, 2011, by Ronald V. Miller, Jr.

Teethers/Rattles Recalled

Sassy has issued a recall of recall of 37,000 infant pacifier/rattles amid concerns that small pieces on the product pose a choking risk.

These Chinese made pacifier/rattles (teethers is another term, every family has a different name for them it seems) are for babies three months and older. The style number of 80026 is on the packaging. But most people threw that out long ago. The pacifier/rattle is red and has water-filled ring on one end and a black and white polka dot ball on the other end. The two ends of the rattles/teethers are connected by a black and white, flexible plastic rod with three floating rings. If in doubt, get that thing way from your child.

There is once incident report but no injuries. But this is an important recall to pass along to anyone with a baby with a pacifier. So many products we worry about putting in a child's mouth. This is a product we know is going to be put in the baby's mouth.

Avvo Attorney Blogs

January 31, 2011, by Ronald V. Miller, Jr.

I wrote a blog post back in November bragging that the Accident Injury Lawyer Blog was ranked #133 on Avvo's list of attorney blogs. We have since jumped to #41. Why the jump?

Continue reading " Avvo Attorney Blogs " »

Poulan Pro Generators Recall

January 31, 2011, by Ronald V. Miller, Jr.

Approximately 600 Poulan Pro Generators have been recalled due to fire hazards associated with them. There are four reports of fuel leakage but now injuries.

iPhone 4 Class Action Lawsuit

January 28, 2011, by Ronald V. Miller, Jr.

iPhone 4 "users" have filed a class-action lawsuit against Apple. The lawsuit alleges the glass casing on the phones cracks much easier than Apple said it would. The glass is supposed to be "super-durable and scratch-resistant," Apple claims, but in reality the casing is very fragile, according to plaintiffs' lawsuit.

Consumer class action lawsuits benefit lawyers but they also benefit consumers. But if you ask me, lawsuits like "you said the glass would not break so easily" are just ridiculous. This is a phone for crying out loud. No one's safety is remotely at issue.

I was listening to Joe Kernen on CNBC this morning making some crack about lawyers coming up with the Taco Bell lawsuit as opposed to consumers. The gist of it was that all he needs to know is the fact that lawyers came up with the idea for a lawsuit to know it is all nonsense. He's wrong. But neither the Taco Bell lawsuit nor this iPhone 4 class action help me in proving him wrong.

Connecticut Injury Verdicts

January 28, 2011, by Ronald V. Miller, Jr.

The average personal injury verdict at trial in Connecticut is $2,519,637, according to Jury Verdict Research.

This is great ammo if you are a personal injury lawyer trying to trump up the value of your case or if you are a tort reform advocate trying to show that juries are going wild. But this is unbelievably misleading.

The median personal injury verdict in Connecticut is $22,499, less than 10% of the average. Only 4% of verdicts exceed $1 million and I would love to see how many of these verdicts are actually collected. My guess? Less than half. Someone got a $326 million verdict in this study. I didn't look up the verdict but somehow I doubt someone wrote a $326 million check.

Average verdict statistics are often worthless yet people are always throwing average numbers out there. I'm as guilty as anyone. We put up a lot of average verdicts statistics because they are of great interest to other lawyers and potential plaintiffs. But these Connecticut statistics underscore that the information is for entertainment purposes only.

Wright Profemur Hip Problems

January 28, 2011, by Ronald V. Miller, Jr.

There are problems being reported with the Wright Profemur hip replacement. The Wright Profemur Total Hip System includes the Conserve Plus Cup, the Conserve Total Femoral Head, the Wright Modular Femoral Neck and the Profemur E Cementless Stem. Specifically, Australian data shows that the Profemur Z hip implant, manufactured by Wright Medical Technologies, has an 11.2% failure rate after three years.

This Profemur Z hip implant is sold as new hip replacement surgery that does not require the hip to be dislocated. Wright's Profemur Xm hip stem is as modular neck hip implant with cemented fixation which, ostensibly, allows for a better connection between the implant of the stem and the cup and purportedly bends easier than traditional hip implants. In theory, this causes less soft tissue injury during and after the hip surgery.

I think Wright Medical would disagree with the 11.2% figure. But I think even Wright would agree that if this number is accurate, there should be a recall of this hip implant. The DePuy hip implant caused a "no-brainer, let's set aside a billion dollars for settlement" recall.

If you or a loved one has suffered from a failed or fractured Profemur Z hip implant, get a free case review at 800-553-8082 or get a free on-line Profemur Z hip implant case evaluation.

Salad Recall

January 27, 2011, by Ronald V. Miller, Jr.

State Garden has issued a recall for its salad products made on January 4, 2011 due to a risk of contamination with Listeria monocytogenes. This recall impacts hundreds of salad products many of us eat, including salads at such mainstays as Noreast, Wegmans, Nature’s Promise, and Olivia’s Organics.

To make sure the salad in your refrigerator is not involved, check out the specifics from the FDA.

New Ford Windstar Recall

January 26, 2011, by Ronald V. Miller, Jr.

Many dubbed 2010 the year of the car recall. Now it is clear that 2011 is picking up where 2010 left off. Ford is the latest to join the 2011 parade. Today, Ford Motor issued a recall for 425,000 Windstar minivans in 22 states and Washington, D.C. (including Maryland) to fix van parts that may cause corrosion of the sub-frame brackets and mounts, causing them to separate. The new Windstar recall covers model years 1999-2003 .

This defect might make the vehicle difficult or impossible to control. The recall will hopefully identify and fix vans whose front lower control arm, rear attaching brackets and body mount attachments need fixing.

Apropos to the weather today, the Ford Windstar is only being recalled in those states where salt is used on the roads to deal with inclement weather: Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Utah, Vermont, Washington, D.C., West Virginia and Wisconsin.

(I would think Colorado and Washington should be on this list although I know Colorado uses a lot of Magnesium Chloride liquid deicer on their roads. The people in Washington are convinced that salt on the road is bad for the Puget Sound. I have no idea if this is true.)

Lexus Recall

January 26, 2011, by Ronald V. Miller, Jr.

Lexus has issued a recall today for a host of problems in the fuel systems of 245,000 vehicles in the United States. The fundamental problem with the fuel system is apparently that the pressure sensor may loosen and cause a fuel leak.

Vehicles subject to the recall include the 2006 through 2007 Lexus GS300/350, the 2006 through early 2009 Lexus IS250, and the 2006 through early 2008 Lexus IS350.

It is hard to know if the quality of Toyota/Lexus has really gone completely downhill or whether they have now just become so gun shy that the announce a recall for everything at the drop of a hat. I can't tell. But certainly this is yet another blow to a Toyota name that was once synonymous with quality.

Toy Tank Recall

January 25, 2011, by Ronald V. Miller, Jr.

Family Dollar is issuing a recall of 67,000 remote-controlled tanks that can overheat and melt. Family Dollar has received five reports of the controllers overheating and melting.

This recalled product is the Authentic Heroes Target Practice Tank play set, a remote-controlled green toy tank attached by a cable to a grey battery-powered controller. The controller requires batteries to move the tank to move forward and backward. The tank fires out projectiles. The controller is marked "Target Practice Tank Play Set."

By the way, ah, parents... why did you buy this thing in the first place? I think we have enough real war without pretending war. Do we still have GI Joes? I think I'm okay with GI Joe but tanks firing artillery? (I'll admit that contradiction makes no sense.)

There have been no reported injuries as of yet. But you when you add extremely hot temperatures and children, it is a time bomb waiting to burst.

Swivel Chair Recall

January 25, 2011, by Ronald V. Miller, Jr.

Steelcase will recall 165,000 Cachet swivel chairs after the U.S. Consumer Product Safety Commission (CPSC) raised concern that the chairs are unsafe. Specifically, the CPSC is concerned that chair support will fail, potentially causing back and other injuries. The front seat support part of the chair may crack during use. Steelcase will recall all Cachet-branded swivel chairs with model number 487 made between May 2002 and Oct. 15, 2009.

Do you know what kind of swivel chair you have? I don't. The question is will you look now? Most people won't. So here is the formula:

People who will never hear about this
+
People who will never look
+
People who hear about this, look, and still do nothing
___________________________________________
Few chairs actually recalled

Arizona Personal Injury Verdicts

January 25, 2011, by Ronald V. Miller, Jr.

The average jury award in Arizona personal injury cases is $820,486. The median compensatory award for personal injury trials in Arizona is $30,000. Plaintiffs struggle on liability in Arizona: plaintiffs received damages in 40 percent of personal injury cases that go to trial. The national average is around 53%.

Not surprisingly, the most common type of car accident lawsuits in Arizona are rear end collusion claims, which make up 27% of the motor vehicle lawsuits filed. Intersection collisions and turning collusions were also prominent at 13% and 12%, respectively. Truck accidents lawsuits were 11% of the overall total of accident lawsuits filed.

Saab Fuel Pump Recall

January 24, 2011, by Ronald V. Miller, Jr.

Car maker Saab has issued a recall of 4,400 cars to repair a faulty fuel pump that can lead to engine stall. The recall covers "certain 2010 and 2011 model year 9-3 sedans built from June through October 2010.

Avaulta Vaginal Mesh Lawsuits

January 24, 2011, by Ronald V. Miller, Jr.

Our lawyers are reviewing potential Avaulta vaginal mesh side effect lawsuits. We think these cases may have significant value.

The Avaulta vaginal mesh is used to treat pelvic organ prolapse which occurs when the muscles and ligaments supporting a woman's pelvic organs weaken and slip out of place (prolapse). There are three events after which women have an increased risk of developing pelvic organ prolapse: menopause; childbirth; and hysterectomy.

The Avaulta vaginal mesh is a surgical mesh used to repair pelvic organ prolapse. The Avaulta vaginal mesh lawsuits claim that the vaginal slings were negligently designed, causing pain and other complications. The problem for many vaginal mesh users has been an erosion of the mesh into the vaginal wall causing tearing, cutting, and sometimes permanent erosion of the vaginal tissues.

These lawsuits further allege that as early as 2004, Bard knew of the concerns doctors and patients had regarding erosion, extrusion, infection, hardening of the mesh, chronic pain and worsening dyspareunia with these synthetic mesh systems, generally, and their Avaulta mesh, specifically. Had the appropriate testing been done on the Avaulta mesh system before it was rushed to the market, Bard would have discovered that the erosion rate for their product was simply unacceptable.

If you have experienced transvaginal mesh side effects or complications with the Avaulta vaginal mesh sling and feel you may be entitled to money damages for your injuries, fill out our free case review form or call us at 800-553-8082.

Jogging Stroller Recall

January 21, 2011, by Ronald V. Miller, Jr.

Phil & Ted's issued a recall of 22,000 jogging strollers due to defective hinge mechanism on the jogging stroller that may cause laceration or even amputation. In fact, the company has received three reports of injuries to that include finger tip amputation and two of lacerations. The recall involves the Sport V2 and Classic V1 models of Phil & Ted's single-seat jogging strollers.


Prius Class Action Lawsuit Settled

January 20, 2011, by Ronald V. Miller, Jr.

Facing a number of legal challenges, Toyota decided to get past an easier one, reaching a settlement in a class action lawsuit in which consumers' lawyers alleged that the Toyota Prius headlights shut off without warning in 2006-09 Prius hybrids.

The big winners? Well, in any consumer class action, it is usually the laws who will likely pockets "tens of millions of dollars." Consumers? Oh, yeah. Prius owners will be reimbursed for the cost to fix the headlight systems, and warranties for headlight problems will be extended to five years or 50,000 miles from the standard three years or 36,000 miles.

I've said it before: consumer class action lawsuits rub everyone the wrong way. I suppose they are a necessary evil to keep companies honest. But I can see where plaintiffs' are frustrated that they get new headlights and their lawyers get millions.

The big fish, the rolllover and the acceleration lawsuits, are not going anywhere.

Gunshot Wound Verdicts

January 20, 2011, by Ronald V. Miller, Jr.

According to a study by Jury Verdict Research, the average gunshot wound verdict is $727,852 ($100,000 median).

For the purposes of this study, a gunshot wound is defined as soft tissue damage to the victim caused by birdshot, a pellet gun, BB gun or traditional gun with no organ damage, fractures, paralysis, brain damage, visual impairment or hearing loss.

It is difficult to recover damages for an intentional gunshot wound because it is difficult to get insurance for intentional acts and it is even more difficult to claim that the company/municipality the shooter was working for was vicariously liable.

Most gunshot cases involve an accidental shooting which implicates the shooter's homeowners' or other insurance policy (think Dick Chaney shooting that guy in the eye) or the police department for an accidental/negligent shooting.

Beef Patties Recall

January 19, 2011, by Ronald V. Miller, Jr.

The United States Food Group has issued a recall of 7,875 pounds of ready-to-eat Angus Beef patties. The culprit this time is not salmonella but possible Listeria bacterium infection. But like salmonella, this bacteria has particular impact on our youngest and oldest.

The real story here is that the beef went on the market in the first place. During a year-end inventory, the company realized that the beef had been accidentally shipped when it was supposed to be held in a warehouse. There has to be a back story there.

There have been no reports of illness or injury associated with this recalled beef.

Snow Mobile Recall

January 19, 2011, by Ronald V. Miller, Jr.

Arctic Cat has recalled over 16,000 snow mobiles after reports that the front lower suspension arm may crack during use, potentially leading to loss of control of the snow mobile. Snow mobiles affected by the recall include all 2010 Arctic Cat Z1, TZ1, F, Bearcat, M and CF models.

The snow mobile recall was announced yesterday. Arctic Cat/CPSC has received 13 reports so far of suspension arms cracking. Given the speeds these things go, you can imagine the risk. But no snow mobile accidents have been reported, at least not yet.

If you have one of these snow mobiles, you are advised by the SPSC to immediately stop riding it and contact their dealer to schedule a free repair. You can also call Arctic Cat at (800) 279-6851 or visit their website.

Teething Ring Recall

January 19, 2011, by Ronald V. Miller, Jr.
Cool-It Soother teething ring

Vulli has announced a recall of 7,000 Cool-It Soother teething rings due to ingestion risk in infants. The fear is that if the product is punctured "bacteria and mold can grow inside the teether's untreated liquid," posing an ingestion hazard.

I think it is hard to remember where you bought these kinds of products. The problem is that these teething rings were available at small children's specialty stores around the country and on Amazon. But you can find pictures of it here.

These French made teething rings should be immediately taken away from children and returned to Calisson for a free replacement teething ring. You can contact Calisson toll-free at (888) 318-9803 between 9 a.m. and 5 p.m. ET, Monday through Friday, or visit the firm's website.

There are no apparent reports of injury with these products. You should tell federal investigators (the CPSC) if you have an issue with these teething rings.


Ohio Medical Malpractice Statistics

January 19, 2011, by Ronald V. Miller, Jr.

Medical malpractice cases in Ohio are on the rise. A little. The Ohio Department of Insurance released its 2009 data (ah, guys, it is 2011) indicating that after four years of decline, medical malpractice lawsuits are up from 2008 in Ohio.

The data is really interesting and can be summarized as follows: most Ohio medical malpractice cases go nowhere. More than three fourths of cases result in no settlement or verdict. Most cases that get dismissed really go nowhere: they are dismissed and/or abandoned by plaintiffs.

Of cases that did proceed, more than 90% ended in settlement. Ohio malpractice insurers are apparently largely willing to settle good cases. When the cases did go to trial, defendant doctors won more than 1 in 5 of the trials.

Only 24% of the malpractice cases resulted in an indemnity payment; the majority of the payments (almost 22%) were the result of the parties reaching a settlement. A mere 5% of the cases went to trial and ended in a verdict, and less than 1% of the cases (0.84%) resulted in a verdict for the plaintiff.

More interesting Ohio malpractice statistics:

  • 7% of settlements/verdicts were over $1 million
  • The physician specialties that had the most claims filed against them were (in order): internal general surgery, emergency medicine, obstetrics/gynecology, family physicians/general practitioners, radiology, orthopedic surgery, anesthesiology, cardiovascular disease specialists, neurology, and pediatrics
  • Neurologists had the highest average payment: $1,530,218.
  • The average wrongful death case where payment was made was $406,329.
  • The highest paid average indemnity ($1,266,637) was for “permanent grave” injuries such as quadriplegia and brain damage – injuries requiring life-long care.

Solar Inverter Recall

January 18, 2011, by Ronald V. Miller, Jr.

Schneider Electric announced a recall of 25,000 solar inverters. Apparently, these gases can build up in the inverter and blow the compartment cover off with a large amount of force.
There have been five reports of the covers being blow off but no injuries.

The recalled solar inverters were made between September 2005 and August 2010 and sold under the Xantrex, Sunpower, and General Electric brands.

GM Axel Cross Pin Recall

January 18, 2011, by Ronald V. Miller, Jr.

GM is expanding its defective axle cross pins recall 26,751 vehicles. Originally, only 1,262 vehicles had received a recall notice. The recall impacts certain 2011 Cadillac Escalade, Chevrolet Avalanche, Colorado, Silverado, Suburban and Tahoe models as well as GMC Canyon, Sierra and Yukon models.

While there have been no known accidents or deaths, General Motors has been clear about the risks associated with failing to deal with these defective axle cross pins:

"Should the pin shift out of position, it could create an interference condition and cause the rear axle to lock. The driver may not be able to maintain directional control of the vehicle and a crash could occur without warning."

GM is contacting drivers affected by the recall, but you may also reach GM at 1-866-966-9463, contact the National Highway Traffic Safety Administration at 1-888-327-4236. Obviously, GM's dealers will install a new rear axle cross pin free of charge. Will they hit you up for an oil change and a tire rotation while they have you there? Absolutely.

Multaq Problems

January 14, 2011, by Ronald V. Miller, Jr.

The FDA is concerned about the association of Multaq and liver injuries and said that Multaq's new label will include a warning about these risks and a "Dear Doctor" letter is coming soon.

This adds to concern about whether there should be a Multaq recall. In draft guidance last year, the U.K. Health Institute said Multaq should only be considered as a treatment for patients who have not obtained a benefit from other medicines and that Multaq patients are at greater risk of having a heart attack because of conditions like diabetes or high blood pressure. This sentiment was also echoed by a Journal of the American College of Cardiology article.

Multaq is a medication for atrial fibrillation or atrial flutter, helping the heart beat normally. You would think that people at risk for atrial fibrillation or atrial flutter would be more likely to have or have had severe heart failure, but Multaq cannot be used in these patients.

I simply don't know enough to say whether Multaq should be recalled. There are risks involved in almost every drug and the treatment of serious conditions often requires accepting certain risks. If you are on Multaq, the person you should be talking to in order to make a truly informed choice is your doctor. That said, the number of questions about this drug continues to rise.

Chew Bars Recall

January 14, 2011, by Ronald V. Miller, Jr.

There is a recall of Nuclear Sludge Chew Bars after testing uncovered elevated levels of lead in a cherry-flavored sample. Most of the bars have long been consumed. They were distributed from 2007 to 2011. No one should be eatting these bars but as we have seen in the lead paint litigation, there are particular concerns for infants, small children and pregnant women when it comes to lead exposure.


Avalide Blood Pressure Medication Recall

January 14, 2011, by Ronald V. Miller, Jr.

Avalide, a blood pressure medication, has been recalled by Bristol-Myers Sanofi-Aventis because a manufacturing problem could affect the drug's efficacy. The Avalide recall is for 64 million tablets.

Why the two companies? Bristol-Myers co-markets Avalide and another blood pressure medication, Sanofi-Aventis' Avapro, under a longstanding partnership. Apparently the drugs are thought to work well together. Avapro contains irbesartan, while Avalide is a combination of irbesartan and hydrochlorothiazide. The drugs are designed to lower high blood pressure.

A Bristol-Myers spokesperson said, "We can't exclude the possibility that it might affect efficacy." I wonder if this means that they really are taking every last precaution in recalling this blood pressure medication or whether it is drug company talk for "we are pretty sure our drug does not work." I really don't know.

I'm not sure if this recall will cause anyone injury. If it does, it is going to be hard in a lawsuit to link the lack of blood pressure medication to any cardiac event. Really hard. But this recall does raise questions about Bristol-Myers' manufacturing processes and their ability to make safe products.

Pajamas Recall

January 13, 2011, by Ronald V. Miller, Jr.

The UCPS announced a recall of about 800 Hoodie Footie Infant and Toddler Footed Pajamas. The metal snaps that attach the hood to these pajamas may come off. The unattached snaps posed a choking hazard to young children.

These Chinese made pajamas have a front zipper and a detachable hood. The style "Winter Whimsy" is red fleece with multi-colored penguins, snowmen and snowflake designs. They were sold in infant sizes 0 to 18 months and toddler sizes 2T to 5T. "Hoodie Footie," the size and the code GPU#SUNHFH1 or GPU#SUNHFH2 are printed on a label at the neck of the pajamas.

Apparently, they were only sold through Pajamagram catalogs and on the company's website www.pajamagram.com from November 2010 through December 2010.

It is amazing how many things there are to worry about in buying kids' pajamas. For me, the big issue is whether the pajamas are flammable. It seems like all of the best pajamas have a label that marks the pajamas "flammable". I really doubt there is a big risk fact to pajamas with a flammable label but I would feel like a bad parent buying them.

GE Dehumidifiers Recall

January 12, 2011, by Ronald V. Miller, Jr.

There is a recall of almost 200,000 GE dehumidifiers because of a short circuit that poses a potential fire hazard. These GE dehumidifiers were sold at, among other retailers, Walmart, Sam’s Club, Home Depot, and Menards between February of 2007 and July of 2009.

The recall includes the 30 and 40 pint portable dehumidifiers that were made between November 2006 and August 2007, and during April of 2008. They are white and the water bucket is front-loading. “GE” or “Professional Series” and the digital controls are on the top of the dehumidifier. (You can find the model and serial numbers on the back of the dehumidifier.)

If you have a dehumidifier subject to his recall, you can call Midea at 877-593-8721. They will send you to an authorized service center for a free repair.

Burger Recall

January 11, 2011, by Ronald V. Miller, Jr.

Maybe it is not such a great burger. A recall has been issued for over 200,000 pounds of ground beef from One Great Burger in New Jersey after reports that the product was discolored and smelled strange. The ground beef was sent in 20 pound boxes to prisons in Oregon and California and was not distributed to retailers. Which means we will probably never hear of this again. One way or the other.

Drug/Product News

January 11, 2011, by Ronald V. Miller, Jr.

Chinese Goods Recall

January 11, 2011, by Ronald V. Miller, Jr.

The government did something really smart last week. (No, really, it's true.) The U.S. Consumer Product Safety Commission opened a safety office in China to help reduce the flow of defective Chinese products to the United States.

I'm not suggesting with that last line that Chinese products are more defective than ours or anyone else. But we are consuming so many Chinese products - including life saving medicines like Heparin - it is a good idea to have someone on the ground who can underscore our standards and deal with issues as they arise. It is probably more important for the CPSC and FDA to have an office in Beijing at this point than to have one in Washington. I'm overstating the case but not much.

The SPSC ordered more than 200 recalls involving goods from China last year.

Mexican Snack Food Recall

January 11, 2011, by Ronald V. Miller, Jr.

Mahler Clark's Food Safety News reports on a salmonella recall of wheat snacks with chili, potato chips with chili and corn churritos with chili by La Placita Botanas Mexicans.

The product appears to be largely confined to southern California through retail stores. The recall involves product that are packaged in clear plastic bags with a label or sticker containing the following UPC codes: "Doraditas con chile" with the UPC 7-90274 00011-9; "Chinacos con chile," UPC: 7-90274 00121-5; "Chicharrines duranguenses con chile," UPC: 7-90274 00261-8; "Palitos tapatios con chile," UPC: 7-90274 00251-9; and "Anillos michoacanos con chile," UPC: 7-90274 00351-6.

For more information on this recall, you can contact La Placita Botanas Mexicans at 626-452-0883.

Beef Jerky Recall

January 10, 2011, by Ronald V. Miller, Jr.

Bach Cúc Beef Jerky has issued a recall for almost 4,000 pounds of teriyaki beef jerky that contain wheat, which is an allergen. The beef jerky was sold throughout the country but there are no reports of injury or sickness.

West Virginia Malpractice Cap Challenge

January 10, 2011, by Ronald V. Miller, Jr.

West Virginia medical malpractice lawyers are chasing the path set by Illinois malpractice lawyers (and trying to avoid the path of Maryland malpractice lawyers) in contesting the cap on noneconomic damages in West Virginia malpractice lawsuits.

In 1986, West Virginia enacted a cap on pain and suffering awards in malpractice cases. The cap was originally set at $1 million, but has been knocked back to $250,000 for most malpractice lawsuits and $500,000 for the most severe claims. Additionally, the cap applies no matter how many plaintiffs there are, so multiple plaintiffs have to split the award, which can be no more than $500,000.

After their $1.5 million verdict was reduced in a malpractice claim involving rhabdomyolysis, a West Virginia couple is making the same case that was argued successfully in Illinois and unsuccessfully in Maryland: the cap is unconstitutional because it deprives plaintiffs of their right to a jury trial.

Cilantro and Parsley Recall

January 6, 2011, by Ronald V. Miller, Jr.

Boncheff Greenhouses has issued a recall on Cilantro, Curly Parsley, and Italian Parsley because they may be contaimined with salmonella. As regular readers know, salmonella attacks particularly our youngest, our oldest and those with a weakened immune system.

Boncheff Greenhouses is a Canadian company but these herbs were distributed in New York and Pennsylvania between December 14th and December 28th, 2010.

The FDA also reports that this recall is related to a voluntary recall from J & D Produce Edinburg, Texas which packs under Little Bear Brand Cilantro, Curly Parsley, and Italian Plain Parsley. This product was packed and shipped on December 6, 2010 to Boncheff Greenhouses where the product was repacked and distributed.

The items were sold under the following labels:

Wegmans Food Markets (sold in two stores in Erie, Pennsylvania and in New York state stores except Corning, Elmira, Ithaca, and Johnson City) - Wegmans Food You Feel Good About Cilantro (UPC: 6-25647-80104), Curly Parsley (UPC: 6-25647-80110), and Italian Parsley (UPC: 6-25647-80125) sold in 0.25 ounce poly sleeves. Consumers may return the product for a full refund. For more information, call Wegmans Consumer Affairs at 1-800-934-6267, ext. 4760, Mon-Fri, 8:30am-5:00pm or visit Wegman's website. www.wegmans.com.

Boncheff Brand (Italian Parsley Lot code 1002387 was sold in the these five stores: Budwey Kenmore 416 Kenmore Avenue Buffalo, NY 14223, 716-362-2350; Budwey Division Street North Tonawanda, NY 14150, 716-693-2802; Wades Market 6179 Rt.96 Farmington, NY 14564, 585-924-3667; Cuba Giant Food Market 44 Park Avenue Wellsville, NY 14895, 585-968-2360; and Hegedorn’s, Inc. 964 Ridge Rd. Webster, NY 14580, 585-671-4450. Product may be returned directly to the store for a refund

Catheter Recall

January 6, 2011, by Ronald V. Miller, Jr.

AngioScore has issued a recall for a very specific AngioSculpt Catheter: the AngioSculpt PTA Scoring Balloon Catheter, 0.018” OTW, balloon sizes: 4.0x20mm, 5.0x20mm, and 6.0x20mm. AngioSculpt Scoring Balloon Catheter is used in treatment of patients with peripheral arterial disease (PAD) and coronary artery disease (CAD).

This catheter was recalled after reports from the field of distal bond failure resulting in peeling of the bond and/or detachment of the distal end of the scoring element, wherein the proximal end of the scoring element remains secured to the catheter. I'm a lawyer; I'd be lying if I said I fully understood what that means at this point. But this is one thing I am sure about: this is a serious recall. There are an estimated 14,775 affected products that have been distributed in the United States and the FDA believes the use of this catheter may cause serious adverse health consequences that could be fatal.

Again the recall is very specific and the FDA is clear that the recall does not affect the AngioSculpt PTCA catheters, or any AngioSculpt PTA catheter balloon sizes (in millimeters): 0.014” OTW, 2.0x10, 2.0x20, 2.5x20, 3.0x20, 3.5x20; or 0.018”OTW, 4.0x40, 5.0x40, 6.0x40.

Follow the Accident and Injury Lawyer Blog on Facebook

January 5, 2011, by Ronald V. Miller, Jr.

You can follow us on Facebook here.

Dog Bite Lawsuits

January 5, 2011, by Ronald V. Miller, Jr.

Almost everyone loves dogs, including lawyers who bring dog bite claims. No one is suing or even blaming the dogs. Dogs are dogs. But, every year, more than 4.5 million people are bitten by dogs and almost one million of these people require medical care. Most of these cases involve dogs biting their owners, who have assumed the risk of their dog's behavior. But a minority of these cases involve dog bites to people who don't own the dogs and could have been avoided had the dogs' owners not been negligent in properly restraining their dogs.

Who pays in a dog bite claim or lawsuit? Here's an amazing statistic: dog bite claims account for 33% of homeowners' insurance liability claims, costing approximately $412 million every year. The average dog bite claim leads to a payout of $24,461.

Continue reading " Dog Bite Lawsuits " »

Bicycle Handlebar Recall

January 4, 2011, by Ronald V. Miller, Jr.

Salsa Cycles has issued a recall of 6,500 bicycle handlebar stems due to the risk that the handlebar stem may crack or break. There has been one report of the handlebar stem breaking, resulting in minor injuries. But consumers should are advised to stop riding bicycles containing these handlebar stems immediately and contact an authorized Salsa Bicycles dealer for a free inspection and a handlebar stem replacement or a full refund.


Ritedose Albuterol Recall

January 4, 2011, by Ronald V. Miller, Jr.

The FDA announced a Ritedose albuterol recall yesterday. Vials of albuterol containing 2.5 mg/3 mL were incorrectly labeled as only containing 0.5 mg/3 mL. Quick math tells us this is five times the amount of albuterol stated on the vials which may lead some to an albuterol overdose. Albuterol toxicity can cause a host of health conditions, including tremors, dizziness, nervousness, headaches, seizures, angina, high blood pressure, low potassium, and an accelerated heart rate. The complications from albuterol toxicity can range from minor to fatal.

The mislabeling of Ritedose albuterol is on the vials that are used in the nebulizers. Reportedly, the package has the correct dosage. But many health care providers and consumers remove the packaging which means they will not be tipped off to the problem.

Fruta Planta Recall

January 3, 2011, by Ronald V. Miller, Jr.

PRock Marketing announced a recall of Fruta Planta and Reduce Weight Fruta Planta because it is contaminated with sibutramine. All lots have been recalled and the FDA already has one known death associated with the product.

Sibutramine can blood pressure and/or pulse rates and may cause particular risk to patients with a history of coronary artery disease, congestive heart failure, arrhythmias or stroke.

The problem is the FDA does not approve this type of stuff so it is the wild west. People who are trying to lose weight are often not considering whether the FDA looked at the stuff. They just want a quick solution to what they think is a weight problem. So if you are in that spot, you often look just to the promise the "Chinese weight loss solution" instead of giving full consideration to whether the stuff is actually been proven safe or effective.