Highlander Recall

June 30, 2011, by Ronald V. Miller, Jr.

Toyota will recall 82,200 hybrid sport-utility vehicles to fix an electrical problem in the vehicles. The recall covers 2006 Highlander Hybrid and Lexus RX 400h models. The transistors in the vehicles can overheat and blow, causing the vehicle to lose power or stop running.

Tylenol Recall

June 29, 2011, by Ronald V. Miller, Jr.

Johnson and Johnson has issued a recall of 60,912 bottles of Extra-Strength Tylenol caplets due to a "musty, moldy odor" coming from the bottles. J&J reports - to everyone's surprise - the odor could be caused by a preservative used to treat the wood pallets that transport the drugs.

Really, I'm out of jokes here. They have all been told.


Butalbital Recall

June 29, 2011, by Ronald V. Miller, Jr.

A recall has been issued of butalbital, acetaminophen, and caffeine tablets that were incorrectly labeled. These Qualitest Pharmaceuticals bottles were found to be labeled as Hydrocodone Bitartrate and Acetaminophen tablets. Because the recalled bottles may contain incorrect tablets, patients may unintentionally take butalbital and caffeine instead of hydrocodone (Acetaminophen is in both preparations.) In particular, taking butalbital unintentionally is not, as Martha Stewart would say, "a good thing."

The bottles were distributed between November 2009 and April 2010 to wholesale and retail pharmacies nationwide.

$40 Million Product Liability Verdict in Alabama

June 29, 2011, by Ronald V. Miller, Jr.

A jury in Alabama has awarded a whopping $40 million to the family of a 16-year-old girl who died driving a Kia. Tragically, the girl's seat belt came off in a car accident and she was ejected from the car, causing her death. Plaintiffs' lawsuit successfully contended that Kia knew for years that the car had defective seat belts. Kia stepped up and issued a recall for their 1995-1998 lines with defective seat belts, but did not extend the recall to cars from their 1999-2000 lines.

Dole Salad Recall

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

The FDA has announced that Dole will recall 3,500 packages of pre-mixed salads due to concerns about potential bacterial contamination. The recall includes Dole Italian Blend salad and Kroger Fresh Selections Italian Style Blend salad. Dole has distributed the recalled product in 12 different states.

Stingray Caused Infection Lawsuit

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

I saw a warning sign this weekend on the Chesapeake Bay for stingrays. I wasn't afraid of stingrays. At all. Until I saw the warning sign. My kids didn't get into the Bay although we probably would have.

So I read with interest a lawsuit filed last week against the Tennessee Aquarium after a boy got a bacterial infection from petting stingrays last year. The infection caused the boy an 11 day hospital stay. I think the boy is okay but an 11 day hospital stay is tough for any child (I don't know how old the child is).

Continue reading " Stingray Caused Infection Lawsuit " »

Blagojevich Conviction

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

Rod Blagojevich's second jury was less to his liking, finding Blagojevich guilty on 17 of the 20 counts against him. The jury was hung on two counts and found the former Democratic politician not guilty on a single count. The big charge that stuck: selling President Obama's Senate seat.

I grant you, this is not personal injury related and this blog usually sticks to cases that have a modicum of relevance to personal injury. But this is big news.

Actos and Blindness

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

I have been writing a lot lately about Actos and bladder cancer. Let's throw one more dagger at Actos: it may cause blindness.

This claim is nothing new. An article in Opthalmology pointed out that Actos and Avandia both raise the risk of vision loss dramatically (Glitazone Use Associated with Diabetic Macular Edema Donald S. Fong. Am J OphthVolume 147, Issue 4, Pages 583-586.e1, April 2009).

Researchers presenting at the American Diabetes Association’s Annual Meeting in San Diego last week piled on, arguing that Actos and Avandia may increase the risk of macular edema in diabetics who are unable to control their blood sugar.

Endocet Recall

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

Endo Pharmaceuticals issued a recall for Endocet. The recall is for Endocet 10 mg/325 mg 100 count bottles, NDC 60951-712-70, Lot # 402415NV and #402426NV.

Apparently, one bottle - one bottle - from each lot of Endocet® (oxycodone/acetaminophen, USP) Tablets, 10 mg/325 mg, Lot # 402415NV and # 402426NV, NDC 60951-712-70, 100 count bottles, was found to contain some Endocet® 10 mg/650 mg Tablets, which are identifiable by their larger size, and different shape and markings.

Continue reading " Endocet Recall " »

Supreme Court Ruling on Video Game

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

In another blow to the Terminator, the U.S. Supreme Court killed a California law that banned selling violent video games to children. In a 7-2 ruling, the Supreme Court said the video game ban just goes too far and that the existing nationwide, industry-imposed, voluntary ratings system is an adequate screen for parents to judge the appropriateness of computer game content.

The court found that the California law imposes a restriction on the content of protected speech - yep, video games are "speech" as Thomas Jefferson often said. Accordingly, the ban is a 1st Amendment no-no unless - as you remember from con law - it passes the strict scrutiny: is it justified by a compelling government interest and is narrowly drawn to serve that interest. That didn't happen here, apparently.

State Farm Holds Back Settlement Pending Medicare Lien

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

In Wilson v. State Farm, a U.S. District Court in Kentucky found that an insurance carrier did not act in "bad faith" by delaying payment of the settlement in a car accident case pending plaintiff's lawyer squaring away a Medicare lien.

In Wilson, the plaintiff brought an uninsured motorist claim and the insured tendered the policy of $50,000. Plaintiff said, "Okay, we settled the case, pay me." State Farm withheld payment, worried that it would be responsible for the Plaintiff's Medicare lien. Plaintiffs' lawyers deal with this issue every day.

Plaintiff's lawyer understood State Farm's position and tried to marry the two, demanding that State Farm put the settlement in an escrow account from which Medicare's conditional payment amount would be payable. The plaintiff (and probably his lawyer, I don't know) also promised to hold the insurer harmless with respect to any potential claim asserted by Medicare.

State Farm's answer was a solution that was offered - and rejected - to me in a case just last Friday: putting Medicare on the check. Getting them to sign that check would probably take literally an Act of Congress.

Continue reading " State Farm Holds Back Settlement Pending Medicare Lien " »

Mazda Recall Comes to U.S.

June 23, 2011, by Ronald V. Miller, Jr.

After issuing a in China last week, Mazda will recall 103,300 2008 and 2009 Mazda cars in the U.S. The recall was initiated after the company discovered problems with the windshield wiper motor that could cause the wipers to fail. The recall covers 2008-2009 Mazda3 and Mazdaspeed 3 vehicles. There was a recall for the Mazda6 in March.

Zoloft Birth Defect Lawsuit

June 23, 2011, by Ronald V. Miller, Jr.

Zoloft has been associated with an increased risk of birth defects in infants whose mothers took Zoloft during pregnancy. These Zoloft birth defects run the gambit of minor problems to life-threatening problems that could lead to permanent injury or death.

If your child has a birth defect or injury and you were taking Zoloft, you may have a Zoloft birth injury lawsuit or claim on your own behalf and on behalf of your child. Complete our free, no obligation case evaluation form to find out if you may be eligible for compensation.

An Overview of the Association Between Zoloft and Birth Defects

Over the last 10 years, SSRI's like Zoloft have been accused by plaintiffs' lawyers of causing everything from Akathisia to Zollinger-Ellison syndrome. I'm making up the latter but you get the idea. Zoloft has been a controversial drug with a lawsuit target on its back. Some of these allegations have stuck, others have been throughly dismissed, and some we still just don't know. The evidence of an association between Zoloft and birth defects, however, has been growing at an accelerated rate.

Continue reading " Zoloft Birth Defect Lawsuit " »

Mark Cuban's Motion for Summary Judgment

June 23, 2011, by Ronald V. Miller, Jr.

Mark Cuban's Motion for Summary Judgment reminds me that I like my life better with Mark Cuban in it. I hope he buys he Dodgers. Sure, there is an "this is how an 11 year-old kid would react in the same situation" flavor to is all. But it is a part of the fun.

David Ball on Damages

June 23, 2011, by Ronald V. Miller, Jr.

I have a five part (so far) review of portions of David Ball's book on Damages:

  • Part 1 (opening statement)
  • Part 2 (closing statement)
  • Part 3 (cross-examination of defense experts)
  • Part 4 (dealing with prejudices about your client)
  • Part 5 (who do you call as your first witness?)

Weedwacker Recall

June 22, 2011, by Ronald V. Miller, Jr.

MTD will recall 14,500 TrimmerPlus edger attachments due to a risk of laceration. Apparently, the the "steel shaft that drives the edger blade can break during use causing the edger blade to detach."

I get frightened using a non-defective weedwacker/edger.

Vindication for David Vobra?

June 22, 2011, by Ronald V. Miller, Jr.

NFL player David Vobora has been awarded $5.4 million by a judge in a lawsuit he filed against a nutritional supplement company he claimed sold him tainted supplements that resulted in his suspension from the NFL.

The player was suspended from four games in 2009 after testing positive for a banned substance that was found in the supplements he was taking. "So many of the athletes are claiming that they haven’t cheated and the supplements have been tainted. And it’s true," said the player's lawyer.

Not mention except in the very, very fine print of a minority of articles: it was a default judgment. No attorney entered an appearance for the defendant in the lawsuit. There is no airing of the facts here. No vindication. “Today is a celebration,” Vobora said. “Today, I’ve been proven innocent.” Please. Spare me.

Look, I'm not saying it did not happen just as this guy says it happened. I have no clue. But the idea that this lawsuit vindicates Vobora is just silly. Anyone can sue a small supplement company, get a judgment because they can't even hire a lawyer, and claim the facts alleged are true. I don't blame Vobra at all for filing the lawsuit. Again, maybe it is just as he says. My frustration is how the media reports on lawsuits and litigation in general. Most everything is out of context.

Drop Side Cribs: A New Plan

June 22, 2011, by Ronald V. Miller, Jr.

The Consumer Product Safety Commission has officially joined the rest of us in our disgust that every other drop side crib was being recalled because some child was getting suffocated. So the CPSC voted to create new safety standards that ostensibly will make cribs safer. Federal mandatory crib requirements have not been touched in almost 30 years. Hopefully, this will mean less crib recall posts on this blog.

Of course, the CPSC did not want to impose the burden of providing safe cribs to those who rent out cribs. Those folks get until December 28, 2012 to comply with these new rules to protect kids. Because, you know, we wouldn't want them to feel rushed to provide safe cribs.


Nexium Bone Fracture Lawsuit

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

Our lawyers are investigating possible Nexium bone fracture lawsuits.

Overview of Nexium

Nexium (esomeprazole magnesium), produced by AstraZeneca, is approved by the Federal Drug Administration (FDA) for the treatment of the following conditions: Dyspepsia, Peptic ulcer disease (PUD), Gastroesophageal reflux disease (GERD), Laryngopharyngeal reflux, Barrett's esophagus, the prevention of stress gastritis, Gastrinomas and other conditions that cause hypersecretion of acid and Zollinger-Ellison syndrome. It can be administered by injection through an IV or can be taken orally as a capsule in twenty or forty milligram dosages which are taken once or twice per day for a period of not more than fourteen days as recommended by the FDA. The medication is now produced by several pharmaceutical companies under the names, Prilosec, Aciphex, Dexilant, Zegrid, Prevacid, and Protonix. Nexium (esomeprazole) is AstraZeneca’s best-selling drug and the third best-selling medication in the world, with over $5.2 billion in sales in 2008.

The medicine belongs to a class of drug called Proton Pump Inhibitors (PHI). Their main function is a pronounced and long-lasting reduction of gastric acid production. This group of drugs followed and has largely replaced the use of H2-receptor antagonists with similar effects, but different mode-of-action. The main difference between the two classes are PPI’s stop proton pumps in the stomach from producing gastric acid, whereas the H2’s block the action of histamine on parietal cells in the stomach, decreasing the production of acid by these cells.

Generally, Nexium and other drugs of this type are well tolerated by patients and adverse effects from short-term use are not very common. Although adverse side effects are reported more often with the use of omeprazole, the same risks apply for all PPI’s. It is believed the occurrence is elevated in the use Nexium and similar medications because they are prescribed more than other PPI’s. Common side effects include: headache, nausea, diarrhea, abdominal pain, fatigue, and dizziness. Long-term use of PPI’s has been linked to hypomagnesemia. Because the body uses gastric acid to release B12 from food particles, decreased vitamin B12 absorption may occur with long-term use of proton-pump inhibitors and may lead to Vitamin B12 deficiency. Infrequent adverse effects include rash, itch, flatulence, constipation, anxiety, and depression. Rarely PPI cause ‘idiosyncratic’ reactions such as erythema multiforme pancreatitis, Stevens Johnson syndrome, and acute interstitial nephritis.

Also, studies have shown using H2-receptor antagonists and proton pump inhibitors, are associated with an increased risk of community-acquired pneumonia. It is suspected that acid suppression results in insufficient elimination of pathogenic organisms, suggesting that patients at higher risk of pneumonia should be prescribed PPI’s only at lower doses and only when necessary. PPIs have been shown to raise risk of Clostridium difficile infection by 1.7 times with once daily use and 2.4 times with more than once daily use. The risk can be minimized by judicious short term prescriptions.

Nexium Hip Fractures

Long-term use of proton pump inhibitors has been less studied. Potential Nexium bone fracture lawsuits are going to need future studies to confirm where plaintiffs' lawyers think the evidence is going to play out. One thing is for sure that no one needs to study: a hip fracture is an awful thing.

Continue reading " Nexium Bone Fracture Lawsuit " »

Zocor Class Action Lawsuit

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

Zocor%20Timeline%20%2803-23-10%29.jpgOur lawyers are reviewing potential Zocor class action lawsuits. Actually, the Zocor lawsuits would not be a class action in a legal sense of the definition. But the cases might get consolidated for discovery which means all of the central fact finding would be in one venue under one judge.

We started providing comprehensive information on potential Zocor lawsuits last year. This month, the FDA upped the ante, providing fresh fodder for Zocor lawsuits. In a June 8, 2011 letter, the FDA said:

    Important Drug Warning. The FDA has reviewed this letter and agrees with its contents. Merck announced that the prescribing information for Zocor had been changed due to concerns about statin-associated muscle injury, specifically the increased risk of myopathy when using the 80 mg dose of simvastatin (Zocor).
Clearly, for plaintiffs' lawyers and many doctors, this is old news. Many physicians have already switched patients to other statin drugs, having already noted the muscle pain problems patients were experiencing over the past few years.

What exactly is Zocor? Zocor is made of simvastatin and is also sold in generic form. Zocor is prescribed to treat patients with significantly increased risks of atherosclerotic vascular disease due to hypercholesterolemia. The FDA reports that the 80-mg dose lowers the LDL cholesterol by an additional 6% over simvastatin 40 mg, and that an estimated 2.1 million patients in the U.S. were prescribed a product containing 80-mg simvastatin in year 2010.

Continue reading " Zocor Class Action Lawsuit " »

Ryan Dunn's Tragic Car Accident

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

Ryan Dunn, a star of MTV's "Jackass", was killed today in a car accident. Normally, I hate the whole blogging about some celebrity dying in a car accident thing. But the accident happened this morning approximately 2:30 a.m. and there is a moral to this tragic death.

I don't know if alcohol was involved in this single car accident death. The police report says nothing other an speed could have been a factor. Ryan Dunn tweeted a picture that would lead you to believe he probably was but who knows?

But there is one thing I'm completely sure about: nothing good happens outside of your house after 2:30 a.m. Typically, it is car accidents, arrests and fights. My kids are going to have a curfew until they become grandparents.

Wal-mart Supreme Court Decision

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

The Supreme Court said no to the biggest employment discrimination class-action suit in world history this morning; the class-action status that might have brought in literally hundreds of thousands of past and present female employees was just too large.

Plaintiffs' lawyers in this case did what lawyers are accused of doing: speaking out of both sides of their mouth. Plaintiffs' lawsuit says that Wal-mart knew everything that was going on with the discrimination of women. But the lawsuit also said that the Wal-mart stores were given too much independence.

This is a huge win for Wal-mart and it came easy: the justices unanimously reversed the 9th Circuit's decision that this lawsuit against Wal-Mart Stores could proceed as a class action.

Earth Fare Spicy Bean Burger Recall

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

There is a recall of the Earth Fare Spicy Bean Burger with UPC code 8-78602-00518 and lot codes #05311 and #06711 because of a potential Salmonella contamination. No other Earth Fare Veggie Burger products were affected and this recall seems limited to Akron, Ohio. Still, it seems unjust that a veggie burger would have Salmonella.

Bunk Bed Recall After Death

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

Big Lots has issued a recall of about 30,000 metal futon bunk beds after an Iowa child tragically got his head and neck trapped, suffocating to death. Beyond awful. The recall is for beds sold at Big Lots across the country between January 2009 and April 2010

Chrysler Recall

June 17, 2011, by Ronald V. Miller, Jr.

Chrysler has issued a recall of more than 11,000 2011 cars and jeeps with steering column problems. This Chrysler recall includes the 2011 Jeep Wrangler, Liberty, Compass and Patriot, as well as the Dodge Journey, Avenger, Nitro and Caliber, and the Chrysler Town & Country. Chrysler says that during a front-end car accident, the steering column may not be able to support the "occupant loads," which increase the likelihood of injury.

Chantix Heart Attack Lawsuits

June 16, 2011, by Ronald V. Miller, Jr.

Plaintiffs' lawyers have been saying Chantix can cause heart attacks for years. Taking its time, the FDA agreed today, warning that Chantix users with a history of heart attack or stroke who use Chantix may increase their risk of a second heart attack or new onset peripheral vascular disease.

The FDA says that a new warning will be added to Chantix's label. The new warning is weak: there is a small, but measurable increase in the risk of cardiovascular events including nonfatal myocardial infarction, angina, and need for coronary revascularization. As day follows night, this warning will get stronger over time. Can't we just cut to the chase now?

Okay, so Chantix heart attack lawsuits are going to be the next big thing. Maybe. Maybe not. There will be some viable Chantix lawsuits for their failure to warn but it is going to be hard to prove specific causation compared to the Chantix suicide lawsuits.

For more on Chantix claims, click here or call 800-553-8082.

Proctor & Gamble Diaper Class-Action Suit Settlement

June 16, 2011, by Ronald V. Miller, Jr.

Proctor & Gamble will pay $3 million in a settlement for a class-action lawsuit filed over the company's Pampers Dry Max diapers. The lawsuit had claimed that these Pampers "caused diaper rash and other skin problems" in infants and young children.

The Consumer Product Safety Commission took a look at this. They didn't find any link between the Pampers and diaper rash. Is the CPSC the gold standard of reviews? No. But still. Diaper rash + CPSC saying no connection = no case, at least in my world, absent some compelling facts that I have not heard.

Incredibly, the settlement scores $2.7 million in lawyers’ fees and a $1,000 each for the named plaintiffs.

This is the part where you say this is what is wrong with our justice system and I give you some angle that shows your assumptions are misleading. I don't have one here. It all appears very silly. Again, I'm on the outside looking in but it seems just uber-goofy.

My kids used these diapers and got diaper rash. (Ooops, I'm making up the latter.) I'm not going to, but I'm sure Ted Frank at Above the Law will get some calls about objecting to this settlement.

FDA to Kellogg: "Your Food Is Yucky"

June 15, 2011, by Ronald V. Miller, Jr.

Okay, maybe the FDA did not say Kellogg cereal was yucky. But the FDA did find "potentially harmful bacteria and unsanitary conditions" at a Kellogg plant in Georgia. The conditions observed by the FDA include pooling water and flies near surfaces that came into contact with food. As a consumer of food, this does not give you warm and fuzzies. The FDA was uncertain if the conditions would support the growth of the listeria bacteria but was clear on one point: the Kellogg plant lacked cleaning and sanitation operations.

Cadillac Recall

June 15, 2011, by Ronald V. Miller, Jr.

General Motors will recall of 47,000 2011 Cadillac SRX crossovers to remedy an ongoing problem with the passenger-side air bag. The Caddy's head protection air bag may not inflate in a car accident if the front seat is empty. Why does that matter? It leaves backset passengers to fend for themselves in an accident.

Actos and Bladder Cancer

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

Actos is coming off the shelves in some European countries. Why? The mounting evidence of an association between Actos and bladder cancer. We threw up a webpage discussing the issues that you can find here.

Bicycle Carrier Rack Recall

June 9, 2011, by Ronald V. Miller, Jr.

There is a recall of about 100 carrier racks for mounting over front bicycle wheels. Quality Bicycle Products bike racks can break, sending the rack into the front wheel and potential creating a fall hazard for the bike's rider. There has been one report of the rack breaking, resulting in minor cuts and injuries.

Average Personal Injury Case in Minnesota

June 9, 2011, by Ronald V. Miller, Jr.

The average verdict in a personal injury case in Minnesota is $271,577. The national average is $885,600.

Does this mean Minnesota juries are not sympathetic to personal injury victims? I think it might, actually. In fact, I think the statistics might actually underestimate how stingy Minnesota juries can be.

Why? The biggest driving force in personal injury verdicts is car accidents because is the most common type of personal injury case. So the state's law in dealing with car accident claims is going to make more meaningful impact on personal injury statistics.

Minnesota allows verdicts in car accident cases to be offset by collateral source payments. This is incredibly unfair to victims - in my humble opinion. They are being penalized for insurance payments that they have been paying for. Completely unfair. But if the desired impact is to quell car accident lawsuits, it does that.

PIP in Minnesota is higher most states - a minimum PIP policy is $20,000 for medical bills and another $20,000 for lost wages. This means that the cases that go to trial are going to be bigger cases which should actually increase the average award. I think this is the case, for example, in New York and Florida.

I'm sure that the average jury verdict outside of Minneapolis, St. Paul and Rochester is much lower although I have not seen statistics that break up individual jurisdictions in Minnesota.

Fish Gelatin Alergy

June 9, 2011, by Ronald V. Miller, Jr.

There is a recall for Daily Multiple for Women 50 + Tablets because some lots contain undeclared fish gelatin. Most of us don't care but if you have an allergy or severe sensitivity to fish geltin, you are reading the product label and thinking you are safe.

These products are marketed under a couple of different names and you can find the list from the FDA here.

Haro v. Sebelius: Medicare Liens

June 8, 2011, by Ronald V. Miller, Jr.

I've written a lot about how personal injury lawyers have to and should be dealing with medical and other liens. When I go back and look at the web traffic generated by these posts, it typically gets low page views, probably from the same 20 lawyers that read all of our nitty gritty details on handling personal injury cases stuff.

Not so with Haro v. Sebelius, a new opinion from Arizona that may dramatically alter the relationship between Medicare (and Medicaid but I lump Medicaid into Medicare for grammatical ease). I think the big difference in the impact of Haro v. Sebelius is something car accident and medical malpractice lawyers are feeling right now.

Here's the deal in a nutshell. Haro v. Sebelius is a lawsuit filed by two Medicare beneficiaries for whom Medicare benefits were paid for treatment that was ostensibly needed as the result of a car accident. Interestingly, the car accident lawyer in this underlying case is also a named plaintiff.

Continue reading " Haro v. Sebelius: Medicare Liens " »

Sewing Machine Recall

June 7, 2011, by Ronald V. Miller, Jr.

I accidentally posted this blog post here.

Pizza Recall

June 7, 2011, by Ronald V. Miller, Jr.

A pizza recall? Seriously? Must one of my Top 5 foods be involved?

There is a recall for Kashi's Mediterranean Thin Crust Pizza, Roasted Vegetable Thin Crust Pizza and Mushroom Trio and Spinach Thin Crust Pizza. Some frozen pizzas may have plastic fragments in an ingredient in the pizza crusts.

This is probably no big deal. There have been no injuries reported. Ultimately, the question or risk of this recall depends on how big these plastic pieces are. I have looked around a bit and found nothing indicating how big they are.

This recall involves approximately 11,000 cases of frozen pizza. How many pizzas in the case? No clue.

Kashi is very concerned, putting up large font bold print warning consumers about the recall on their website. No, wait, I may have gotten that wrong. There is no information on the recall on their homepage. Should you think of this fact next time you are looking at pizzas in the frozen food aisle and choosing between different pizzas? I vote yes.

SimplyThick Recall

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

Simply Thick will recall all thickening gel products manufactured at its Stone Mountain, Georgia plant since June 2009. The recall was issued after officials with the FDA advised the company that they failed to file a proper scheduling process. The FDA issued a warning last month telling parents not to give SimplyThick® brand thickener to infants born before 37 weeks gestation.

Lawyer were already chomping the bit at these case for injuries to children injured before 37 weeks. The alleged injuries from Simply Thick are beyond serious: death and babies who needed surgery to remove part of their intestine as the result of use of SimplyThick® brand thickener. So this company is drawing even more attention to itself with this recall.


Googling Tani Cantil-Sakauye

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

California Chief Justice Tani Cantil-Sakauye takes exception to a California state legislator pointing out the fact that she is very attractive in a debate over whether to decentralize California's judicial system.

I would say more but you are going to go Google Tani Cantil-Sakauye - who you have never heard of before unless you live in California. Feel free to cut and paste the name above.

Fear of Anaphylactic Reactions Prompts Recall

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

Aidapak Services has issued a recall to a number of Hospital Inpatient Pharmacies products after learning of the potential cross contamination of non-penicillin drug products repackaged in the same facility. The risks of this recalled product include an anaphylactic reaction in patients with hypersensitivity to beta-lactam or penicillin products.

No reports of patients with anaphylactic reactions to these recalled products have been reported.

You can find out more from the FDA here.

Should the Police Have Done More to Prevent Death?

June 2, 2011, by Ronald V. Miller, Jr.

Another post about a sad case that has evolved into a lawsuit that has very little chance of success or even making it to a jury. A California man filed a lawsuit against the city of San Francisco after his mother was found dead and floating in a suitcase in the San Francisco Bay last year. The wrongful death lawsuit claims should have done more to prevent the woman's death. After the tragedy, woman's boyfriend was charged with murder and awaits trial.

The crux of the lawsuit appears to be that the woman kept coming to the emergency room with injuries that reeked of domestic violence but never followed up with an investigation.

Why do I think this lawsuit fails? I don't think police have an obligation to investigate a crime that the victim does not report. Every wrongful death lawyer in California agrees with me: no attorney has taken the case.

Paralegals Practicing Law

June 2, 2011, by Ronald V. Miller, Jr.

The Rhode Island Supreme Court found that a Texas-based paralegal service that offered legal services on the Internet was practicing law without a license in Rhode Island.

Low Cost Paralegal Services, whose last known address was in San Antonio, Texas, and its owner were advertising low-cost legal services on craigslist and other Internet sites. The owner had an emall address of attorney2be2012 but that might have been a little bullish because it does not appear she had even started law school.

The case now will get forwarded to Texas but I'm doubt anything meaningful will happen. They can't exactly disbar her.

The funny thing is the comments to the article I linked to above. Everyone seems mad that the court is protecting lawyers. Granted, the article does not really bait the other side (who gives a "yeah, get her out of here" comment) but it still gives you a little bit of the pulse of the American people who are not now - and probably never have been - too excited about lawyers.

Recall of 35 Beeni Baby Hats

June 2, 2011, by Ronald V. Miller, Jr.

Why are you writing about the recall of 35 cute little Beenie Baby Hats when there are no reports of injury?

I hear ya. Normally, I would ignore these things until you get to the risk: asphyxiation hazard. If I was told that some random mother in Topkea, Kansas had a asphyxiation hazard in her attic, I'd probably write about it. The scary thing is that mother problably does. There are so many asphxiation risks in our houses already that we have not identified. It is scary. So if we can pick out with ease the ones we do have, particuarly the ones that our children are virtually certain to come into contact with - a Beenie baby hat - let's talk about it.

The baby hats in this recall are made of cotton and spandex. They have two straps sewn to the sides and a removeable plastic pacifier holder. The hat is available in sizes small, medium and large, and in pink, blue, green, flower print, blue stripe and blue print. Model number 125867 is on a tag sewn into the back inner rim of the cap. You could buy these now recalled hat at : Beeni Baby’s website from January 2009 through May 2011 for about $25.

Let's give some credit where credit is due here. Beeni Baby's website is taking the whole thing seriously which is only 1,000% better than 90% of the recalls I report. (Unless they set up this website just for the recall in which I take 99% of that praise back.)

Utah's Doctor's Suicide Blamed on Government

June 1, 2011, by Ronald V. Miller, Jr.

According to a lawsuit filed in Utah, a doctor committed suicide after "excessive, overreaching and abusive treatment" by the FBI and Bureau of Land Management toward the doctor. The doctor, his wife and their daughter were arrested for trafficking American Indian artifacts a few years ago. The doctor killed himself a day after being convicted of "the illegal possession of a 'bird effigy pendant' worth $1,000" in 2009.

This is an unfortunate case. You can't help but feel for almost anyone who commits suicide. It is such a terrible thing. That said, this lawsuit is going nowhere.

Bell Helmet Recall: Please Keep a Secret

June 1, 2011, by Ronald V. Miller, Jr.

I have a secret but you can't tell anyone...

Bell Sports Exodus Full-Face Bicycle Motocross Helmet is subject to a recall because the plastic release buckle on the helmet that connects the chin straps can separate and cause the helmet to eject from the user's head. This can pose a risk of serious injury if you are under this Bell Exodus helmet. There has already been a report of a Bell Exodus coming off and causing a laceration under the eye that required stitches. Over 30,000 helmets subject to this recall are on the market.

Continue reading " Bell Helmet Recall: Please Keep a Secret " »

Prius Recall

June 1, 2011, by Ronald V. Miller, Jr.

Toyota will recall 52,000 Toyota Prius cars because some drivers may experience steering problems. The problem? The Prius' nuts securing the pinion shaft in the steering gearbox assembly may come loose if the steering wheel is repeatedly and strongly turned to the full-lock position. Over time, it may get harder and harder to make a left turn. The Prius' in this recall are from the 2001-03 model years

Naturally, Toyota will again pay for their own screw up. Toyota dealers will install improved nuts for free. The repair could take about four hours. Notification letters will be sent to owners next month.

The Toyota Prius had two recalls last year. Toyota will recall over 650,000 Prius' to repair a problem with the Prius' cooling pumps. Toyota also issued a recall for 397,000 Toyota Prius' after reports of problems with the anti-lock braking system.

Good gas mileage. They are incredibly quiet which is cool. People like them, the are now selling at over MSRP (my dad just bought one). Now we just have to keep them working.