Accident and Injury Lawyer Blog

A Kentucky plaintiff found out the hard way that if the jury does not like you or plaintiffs' accident lawsuit in general, they have the power to award whatever they want.

This case, Adams v. Miller, was a typical small car accident case. Plaintiff was minding her own business at a red traffic light when defendant's car swerved into her lane and crashed into her car at 35 mph. The jury agreed that the plaintiff was not at fault for the accident and awarded her $10,000: $9,800 for past medical expenses and another $200 in lost wages. But the jury awarded nothing in pain and suffering.

Intellectually, this makes sense. Medical bills equal pain which equals pain and suffering. But the jury can compromise and give you what they think is appropriate under the circumstances. This is the way it is in Maryland and, apparently, Kentucky, too.

You can read the full opinion here.

Bayer is not buying into the idea that Yaz/Yasmin/Ocella causes gallbladder injuries in young women. There is a new study that will likely make Bayer more strident in this view.

The number of vaginal mesh lawsuits (also called transvaginal sling lawsuits) has skyrocketed. This is in part due to the fact that there are at least six companies involved, including Johnson & Johnson. Mostly though, this is because these products are just horrible, were not properly tested, and cause unspeakable and sometimes embarrassing injuries to people.

Background

Vaginal mesh is a medical device that is surgically implanted to treat pelvic organ prolapse. An extremely high number of patients suffer from infection, erosion of the mesh into the vagina, pelvic pain, organ perforation, and urinary problems. Women who have these devices implanted frequently need surgery to remove them, and sometimes follow-up surgeries to repair the damage to their bodies.

Manufacturers

Our lawyers are looking at cases including these vaginal mesh products:

• C.R. Bard Avaulta
• AMS Elevate Prolapse Repair System
• AMS Apogee Valut Suspension Systm
• AMS Perigee System
• AMS Monarc Sling System
• AMS Sparc Sling System
• Johnson & Johnson (Ethicon) Gynecare Gynemesh
• Johnson & Johnson (Ethicon) Gynecare Prolene Soft Mesh
• Johnson & Johnson (Ethicon) Gynecare Prolift Pelvic Floor Repair System
• Johnson & Johnson (Ethicon) Gynecare TVT Transvaginal Sling
• Boston Scientific Pinnacle Pelvic Floor Repair Kit
• Boston Scientific Uphold Vaginal Support System
• UGYTEX Dual Knit Mesh
• Covidien IVS Tunneler Sling

Even Congress is Concerned

In most medical device lawsuit cases, the scientific community first gets a sense that something is wrong. It sometimes starts as a medical journal article by one doctor who is particularly involved in the medical device. Other scientists or doctors see that report, and review their own case files, searching for patterns. Meanwhile, the FDA is receiving reports from victims of the device, and they start to see patterns, as well. Medical device lawyers then get involved, and do their own research. It is only when the lawyers begin filing cases that the actual documents from the defective medical device manufacturers see the light of day. Those internal company documents, more often than not, tell a story of greed and Wall Street profit-seeking that tramples public safety concerns.

Continue reading " Vaginal Mesh Settlement Update " »

Approximately 16,000 backpack blowers are recalled

The U.S. Consumer Product Consumer Safety Commission has announced the recall of a gas powered backpack blower, manufactured by Echo. The recall affects approximately 16,000 blowers, and is being made as it has been determined that the fuel line between the fuel tank and carburetor could have been damaged during assembly leading to fuel leakage and possible fire.

This recall involves two models of the Echo 2-cycle gas powered backpack blowers. The 25.4 cc blowers are orange and black in color and “ECHO” is printed on the pull starter housing and blower tube. The model numbers are indicated on a label near the pull starter handle. The serial numbers are located on a label near the gas filler cap.

Recalled models are as follows:

Model/Serial Numbers

• PB-265L P093121 35519 through P093121 50152
• PB-265L P078110 20732 through P078110 22309

The affected Echo blowers were sold at Home Depot and at authorized Echo dealers from August 2011 through January 2012.

Customers are being instructed to immediately stop using the blower, and to return them to an authorized Echo dealer for a free repair.

The FDA has announced the recall of a pediatric hospital bed (bassinet) so that corrections can be made to the wheels (casters), door hinges, and drawer slides on the cart’s frame.

It has been determined that the bassinet’s doors and/or drawers may inadvertently open while the bassinet is in motion, causing the bassinet to be difficult to maneuver due to its swivel caster configuration. If this should occur, there is the potential for injury to the patient, including death and other serious health consequences.

The affected bassinet is the Nemschoff Chairs Perinatal Pediatric Hospital Bed, Models BSNT/01 and BSNT/02, that were manufactured between 11/2003 and 02/2008. Also included are Models BSNT/03 and BSNT/04, manufactured between 11/21/2003 to present.

Nemschoff previously sent an “Important Medical Correction” letter and email on October, 14, 2011 to its customers, describing the product, problem, and action to be taken.

A woman was awarded $1.2 million this week in a police brutality lawsuit that she filed against the New York City Police Department, involving injuries she suffered during a fight with police. The kicker that makes this story interesting: the woman is a former playboy playmate (do I capitalize playboy playmate?). Wait, it gets better. The playmate claims she is a direct descendant of John Adams.

The facts are, naturally, goofy. Our playmate claimed that she got into an argument with the cab driver because he refused to carry her bags into her apartment. Why did she think the cab driver was obligated to carry her bags? Obviously, because she is a playboy playmate. So the cab driver tops the plaintiff on the insanity scale by calling the police and saying the woman has a gun. She says the driver refused to help carry her bags into her apartment then called 911 and falsely told police she had a gun and was going to shoot him. He may have also mentioned she had vampire teeth which you would think would diminish his credibility.

The police apparently overreacted and made her drop to the ground to see if she had a firearm. She was dressed as former playmates do, so the idea she had a gun was absurd.

I don't know all the facts. But here is what is more absurd. The jury awarded $1 million in future pain and suffering for an accident that happened 6 years ago in spite of the fact that the article on the case could not even articulate any physical injuries. The verdict was almost $400,000 more than the plaintiff's personal injury lawyer asked the jury to award.

Plaintiff sues defendant claiming back injuries in accident, including a herniated disc. Jury gives a defense verdict. Plaintiff appeals, claiming the verdict was against the weight of the evidence.

The cases are going to fail almost every time. Juries are going to be given a lot of latitude to ignore the unconverted evidence if the don't believe the plaintiff, plaintiff's lawyer, or the testifying doctor(s).

These are the facts of this case against the Three Little Pigs, decided this week by the 10th District Ohio Court of Appeals. No, I'm serious, that was the name of the defendant (driver in scope of employment case). The trial judge in this case found that the man did not provide a causal link between the injuries he claimed were "no reasonable mind could differ" injuries, and the car accident.

The lawyers tried to point to treatment that the plaintiff received for soft tissue injuries two days after the accident. But, medical records are not testimony and the court rejected the claims. This was just not an appeal worth filing.

You can read more about the case here.

Honda will recall 2008 and 2009 Odyssey minvans to fix a problem with the tailgate. There are approximately 46,000 Odysseys in the recall. Honda will replace the two power tailgate struts on the van. The problem? The gas-filled struts that help to raise and support the tailgate of vehicles equipped with a power tailgate system may be prone to early life failures. There have been reports of the struts failing and the tailgate closing unexpectedly.

There have been two reports of injuries from Odyssey users. If you are serious hurt by this defect in the van's tailgate, I'd be willing to bet Honda will pay handsomely on any valid claims.

The Consumer Product Safety Commission announced a recall of about 2,200 Dancing Teapots due to an increased risk of burns for users. The problem with these Dancing Teapots (and, yes, it is hard to write that without laughing), is that the teapot's handle can become extremely hot while in use and can burn user's skin.

Honestly, I don't know what a dancing teapot even is. It sounds made-up, doesn't it?

Landscape Structures will recall 900 playground slides after at least a dozen injuries. Not emergency room "pat on the back, good luck" injuries. The recalled slide is called the Slalom Glider. There are reports of injuries ranging from broken bones (14 reports) to a bruised internal organ. How many other kids got hurt on this slide and did not report it? You can talk enough about the grave risk of falls and children

This Landscape 6-foot-high slide lacks a transition platform at the top and sides of the chute. Kids aer falling when moving from the ladder to the slide and when sliding down. The company advertised the slide as "well-engineered angles ensure safety." Not so much, really.

Of course, the slide was blessed by the International Play Equipment Manufacturers Association, that provided an independent safety evaluation. Let's read that name again: International Play Equipment Manufacturers Association. Really has the ring on an independent watchdog, doesn't it?

Here's the crazy part. The International Play Equipment Manufacturers Assocation approved the slide not as a slide but under "the standard's general requirements." We would not want to impose the standard of a safe slide on a safe slide, right?

The whole thing is just crazy.

A wrongful death lawsuit has been in California against a shuttle bus company after the death of an elderly man with dementia who died after going missing. Ten days after he disappeared, a man walking his dog found Chin's body lying face down off the side of a path near the VA Hospital.

Awful story. Where is the negligence? Good question. This lawsuit claims the shuttle bus dropped the man off and the wrong location and he wandered off.

Okay. But how does this involve the shuttle company? The complaint becoming lost in the San Francisco area. The suit accuses the bus driver and shuttle company of "elder abuse and negligence" in failing to ensure the 73 year old man's safety. "The bus driver had an obligation and a duty of care to walk Chin to the door and ensure his safe arrival due to Chin's dementia," according to plaintiffs' lawyer.

I'm reading this San Francisco Chronicle article... ooops, it is actually a press release from the plaintiff's lawyer. Should newspapers do this? No.

Chain saws (or is it "chainsaws" I can't decide) have to be on the list of things I don't want to use that are defective. The Consumer Product Safety Commission has announced a recall of 3,000 STIHL MS 391 gas-powered chain saw. . Okay, maybe they won't start or something. Nope, its manufacturer says that there is a risk of injury for the chain saw's users because of a problem with the flywheel.

Things I would like to know that I'll never know: how many of these chainsaws are actually returned. I would bet the under if the over-under was 100.

• Dave Stratton writes about the declining number of civil jury trials in Washington, D.C. The numbers surprised me.
• I talk about Jeremy Lin-like personal injury lawyers. Really. I do. I'm not kidding.
• Overlawyered ponders Grantland's pondering about the end of football from professional liability lawsuits. I gave an interview to the Atlanta Constitution about this a few weeks ago. I think these cases are going nowhere. Fast. Max Kennerly also has thoughts.
• More Linsanity. This following statement summarizes all of my opinions about copyright, trademark, and patent law: you should not be able to trademark the word Linsanity. You also should not be able to trademark the word ThreePeat. Yes, Pat Riley. I know you read this blog. I'm talking to you.
• Personal injury lawyers who chase ambulances in New Jersey may have to chill for a little bit.

Walmart has recalled its eight-count packages of Cruller bakery pastries as milk was not listed following sodium caseinate, a milk derivative, on the ingredient label. People who have milk allergies that do not recognize sodium caseinate as a milk derivative run the risk of serious or life-threatening allergic reactions if they consume the product.

The recalled bakery items affects the Cruller Bakery Pastries with a UPC code of 787429847 that can be found on the box label, and have an expiration date of on or before Feb. 9, 2012. The pastries are ring-shaped, twisted sweet cake, similar to a doughnut. The products were labeled and sold in Walmart store bakeries in Puerto Rico and all US states with the exception of Hawaii, Maine, New Hampshire, Rhode Island and Vermont.

All stores affected by the recall have been notified to remove and have discarded the mislabeled products. To date, only one adverse reaction has been reported.

Xarelto (rivaroxaban) is a new blood-thinning medication. It was approved in July, 2011. There are already serious problems with Zarelto that are being raised by researchers, doctors, and yes, plaintiffs' lawyers.

Xarelto's purpose is to prevent strokes in people with atrial fibrillation. But real questions are lurking about whether Xarelto is safe or effective. There is some evidence - again, some evidence - that people with acute illnesses using Xarelto are twice as likely to develop a blood clot. If a drug bombs out quickly, it is hard not to question exactly what the manfacturer - in this case Bayer - did to test the safety and efficacy of the drug and, invariably, makes you question whether the company played it straight in obtaining and interpreting the test results that it obtained.

Bayer was jazzed to get Xarelto into the $20 billion market of blood thinning products which has long been the stomping ground of Warfain. Boehringer Ingelheim was also eager to jump in with Pardaxa (which is having its own problems). Warfarin is the most commonly used blood thinning medication on the market and has dominated the stroke-prevention market. It is relatively inexpensive but requires frequent monitoring through INR testing to adjust dosage. Further, it interacts with many foods. Pradaxa and Xarelto were intended to make taking blood thinners and little easier for patients. A noble goal, to be sure. But you first have to make sure any new drug is safe and effective.

Overview of Xarelto (rivaroxaban)
Xarelto (rivaroxaban) is an anti-coagulant (blood thinner) manufactured by Bayer, marketed by Janssen Pharmaceutica in the United States, that targets blood clotting Factor Xa, interrupting the blood clotting cascade. Other blood thinners that target Factor Xa include apixaban and edoxaban. The US FDA approved Xarelto in July 2011 for the prevention of deep vein thrombosis (DVT) in adults undergoing knee or hip replacement surgery. In November 2011, the FDA approved Xarelto for reducing the risk of stroke in patients with non-valvular atrial fibrillation. Atrial fibrillation (AF) is the most common cardiac arrhythmia and has an increased risk of thromboembolic complications and stroke.

Clinical Data and Risks
A clinical study, Rocket AF, was undertaken to compare the safety and efficacy of Xarelto with Warfarin (Coumadin), another blood thinner in over 14,000 patients with Atrial Fibrillation. Xarelto was found to have similar efficacy to Warfarin with respect to stroke prevention. The most common side effect was bleeding, which in some rare cases can lead to death. Results of this trial demonstrated that the risk of bleeding was similar to Warfarin, however, the location of bleeding was different. More subjects had bleeding into the stomach and intestines, whereas warfarin had more incidents of bleeding into the brain. An increase in risk of stroke was seen in the Rocket study in patients in the Xarelto arm which occurred during the transition from the blinded study drug to open label warfarin at the end of the study. In an FDA advisory committee report, it was noted that Xarelto had reduced efficacy in patients with prior history of stoke/TIA/systemic embolism.

Bleeding risks and location of bleeding was confirmed in four studies which included over 12,000 patients undergoing hip or knee replacement. The trial compared Xarelto with Lovenox (Enoxaparin). Number, type, and severity of bleeding events was similar between groups for patients receiving knee replacements, however, in patients receiving hip replacement surgery, Xarelto was associated with a higher number of severe bleeding events (0.3% vs. 0.2%), and was fatal in one case for a subject on Xarelto. The number of bleeding events was also higher in subjects receiving hip replacement surgery on Xarelto compared to those on Enoxaparin (5.8% vs. 5.6%).

In the MAGELLAN study, Xarelto and Lovenox (Enoxaparin) were found to be equally effective as an injectable to prevent blood clots over 10 days of use. After 35 days of Xarelto use, in comparison to patients receiving Lovenox for 10 days and a placebo for 25 days, Xarelto had significantly higher rates of bleeding (4.1% vs 1.7%).

Some results of these studies have come into question after both an FDA advisory committee and a US consumer group Public Citizen stated that some of the comparisons made between treatments were performed in a manner favoring Xarelto.

Continue reading " Xarelto Problems: Lawsuits on the Way? " »

An investigation has been launched by federal safety regulators into reports of fires in the driver's side doors of 2007 Toyota Camry sedans and RAV-4 crossover SUVs.

The vehicles have not been recalled, well, yet anyway. As many as 830,000 vehicles could be affected. Is that why a recall hasn't been initiated? There have already been six reports of fires. Though they have not received an Information Request from the National Highway Traffic Safety Administration (NHTSA), Toyota says they will fully cooperate with the agency in its efforts to investigate these allegations.

Toyota's reputation has taken a hit over the years, most recently in 2009-2010 when it had to issue a recall for some 10 million vehicles around the world, for a series of technical problems.

Take a look at a few:

• Recall of 2011 Toyota Rav4
• Toyota Recalls 420,000 Models for Possible Steering Flaw
• Hilander Recall
• Prius Recall
• Toyota Panel Looks at Recalls
• Toyota Tundra Recall
• Highlander/Rav4 Recall
• Toyota Recall: Floor Mats and Pedals
• Toyota Acceleration
• Toyota Sienna Recall

A coffee brewing company has issued a recall of more than 5.7 million brewers and espresso pads. Tassimo initiated the recall after the Consumer Product Safety Commission received reports that consumers were burned by the hot liquid. There have been reports of at least 160 people have reported being burned, some seriously enough to be hospitalized. The coffee makers subject to the recall were sold between 2008-2012.

Where did the line get draw here? 159 burns? I would like to be a fly on the wall during that process.

It goes without saying that the key to making money for a plaintiffs' personal injury lawyer is a hot coffee lawsuit.

This was more likely than Eli Manning coming through in the clutch: insurance companies running for the hills in the Penn State lawsuit flood that has already started. Pennsylvania Manufacturers' Association Insurance (PMA) has filed a declaratory judgment lawsuit disclaiming coverage in allegations that Gerald Sandusky sexually molested children. Penn State claims coverage.

In the 16-page complaint, PMA argues that only the 1991 or 1992 policy is triggered, but, if it is the latter policy, coverage is precluded under that policy's abuse or molestation exclusion.

I think there are two levels on the insurance coverage question in the Penn State lawsuits. First, was this a coverage act or did the policy exclude intentional torts of employees or agents.

Second, both metaphorically and practically, these cases are like toxic tort lawsuits, like lead paint and asbestos. A big issue is going to be who was on the insurance coverage and when they were on this risk. When did the injuries occur and how should the insurance coverage get split up when their are multiple insurers on the risk? Multiple triggers, pro rata coverage, and all of these issues come to the forefront in these battles.

Vaginal Mesh Claims Heating Up

On Tuesday, more than 150 federal lawsuits involving vaginal mesh slings were consolidated in a U.S. District Court in West Virginia. In other words, these federal cases now become a pseudo class action lawsuit for discovery purposes. The MDL panel - the judges that decided these things - issued the transfer order because the "actions in each MDL share factual issues arising from allegations of defects in pelvic surgical mesh products manufactured by AMS, Boston Scientific, and Ethicon." West Virginia was actually a venue choice that defendants only modestly opposed; being in front of one judge who understands the issues is probably a win-win for everyone (a rarity in mass tort cases).

For all of the vaginal mesh manufacturers, the cases are largely the same. Plaintiffs' lawyers allege in these lawsuits that that the manufacturers of these vaginal mesh systems knew - or certainly should have known - that these mesh devices were not safe for the patients for whom they were prescribed and implanted. Why? Because it was obvious that the mesh would erode or otherwise malfunction if they had just took an honest look at it.

It is worth repeating: this is a problem that can hit women of all ages, colors, shapes and sizes. Clearly, however, elderly women bear the brunt of the problem: the fastest growing segment of the population in North America is women over the age of 80. It is expected that the elderly female population will continue to steadily grow until 2050. Women over the age of 50 are most affected by pelvic organ prolapse (30-50% of women). By the age of 79 women are reported to have an 11-12% chance of having at least one surgery for prolapse or incontinence. It is probable that these numbers will continue to rise given the aging population. The take home message is clear: women are experiencing this problem in massive numbers. They are just not talking about it at parties and such.

Continue reading " Vaginal Mesh Lawsuit: New Update " »

The fallout from the hard cooked eggs continues. Cooked eggs are being recalled in California as well as 33 other states over concerns about possible listeria contamination.

This time it's Grand Strand Sandwich Company that has recalled their Chicken Salad Sandwiches that may contain hard cooked eggs produced by Michael Foods.

The recalled products have been associated with a potential contamination for Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

The sandwiches affected by this recall are as follows:

• Grand Strand Sandwich 4.5oz UPC Code: 067068101056 Sell By: 02/24/12
• Grand Strand Sandwich 4.5oz UPC Code: 067068101056 Sell By: 02/29/12
• Country Harvest Chicken Salad 5oz UPC Code: 067068171059 Sell By: 02/23/12
• Lunchbox Chicken Salad 4.5oz UPC Code: 067068121050 Sell By: 02/24/12

Grand Strand is only the most recent to recall food items for potential contamination. This week we have reported the recall of eggs under the brand names of Columbia Valley Farms, GFS, Glenview Farms, Papetti's, Silverbrook and Wholesome Farms, as well as a recall by Wegmans of their prepared foods that contain hard cooked eggs.

Two Honda models and one Toyota model have been recalled recently due to faulty airbags.
The Honda recall affects certain 2012 Honda Accords and Honda Crosstour, while the Toyota recall affects certain 2011 Toyota RAV4 vehicles.

According to the National Highway Traffic Safety Administration (NHTSA), airbags in the Accord sedan and Crosstour vehicles may not properly inflate. The inflator for the side curtain airbags on the driver or passenger sides may have been manufactured incorrectly. If an accident occurs, the airbags may not deploy.

The safety recall for the 2012 Honda Accord and Crosstour models will begin on February 10th. It is expected that 347 vehicles are affected by the recall.
With regard to the Toyota recall, there are problems with the inflator in the curtain shield airbags of the 2011 RAV4. The affected vehicles were manufactured between November 24th and December 19th of last year. The inflator may fail and cause the airbags not to deploy. This recall is expected to start in March. It is expected that 427 vehicles are affected.

Maybe Clint Eastwood was right.

Honda has been very busy in the recall department:

• Honda Announces Airbag Recall
• Honda Pilot Recall: Seat Belt Defect
• Honda Recall: Honda Is Literally Taking Water
• New Honda Recall
• Honda Recall
• Honda Civic Recall
• Honda and Acura Airbag Recall
• Honda Odyssey Recall
• Honda Recall (and of course Toyota too)
• Honda Recall
• Honda Brake Recall
• Honda Ignition Recall
• Honda Brake Failure Recall

But, Toyota has too:

• Toyota Recalls 420,000 Models for Possible Steering Flaw
• Hilander Recall
• Prius Recall
• Toyota Panel Looks at Recalls
• Toyota Tundra Recall
• Highlander/Rav4 Recall
• Toyota Recall: Floor Mats and Pedals
• Toyota Acceleration
• Toyota Sienna Recall

Cooked eggs are being recalled in California as well as 33 other states over concerns about possible listeria contamination.

While no reports of illnesses have been received, the FDA has recalled eggs from Michael Foods of Minnetonka, Minn., eggs in brine sold in 10 pound and 25 pound pails for institutional use under the brand names of Columbia Valley Farms, GFS, Glenview Farms, Papetti's, Silverbrook and Wholesome Farms. Earlier this week, we told you of a recall by Wegmans of their prepared foods that contain hard cooked eggs.

While none of the eggs were sold directly by Michael Foods to consumers, they might have been used in products sold by retailers, such as prepared salads.

The U.S. Consumer Product Safety Commission (CPSC) has announced the recall of approximately 28,000 strollers, as the front wheel can break at the axle hub, causing the stroller to tip and pose a fall hazard. The affected strollers are the Bumbleride Indie and Indie Twin strollers.
Manufactured in Taiwan, the recalled Bumbleride Indie strollers are model numbers I-107, I-110 and I-205 with a manufacture date from January 2009 through August 2011. The recalled Bumbleride Indie Twin strollers are model numbers IT-108, IT-111, and IT-305 with a manufacture date from January 2009 through August 2011. The date of manufacture can be found on a white rectangular sticker affixed to the side of the stroller seat frame.

The strollers came in multiple colors, and were sold at Buy Buy Baby and other baby product stores nationwide, as well as online at Bumbleride.com and other online retailers, between January 2009 and January 2012. The strollers sold for between $500 and $700.

There have been 36 incidents of the front wheel cracking, two of which included the stroller tipping over causing in minor injuries.

Baby strollers seem to have a lot of problems. I don't get it, can't anybody make a safe stroller?

• Recalls - Jogging Strollers
• Another Jogging Stroller Recall
• Yet Another Jogging Stroller Recall
• Can Anyone Here Make a Safe Stroller
• Trade In Your Unsafe Baby Products
• Graco Stroller Recall
• More Jogging Stroller Recalls

With all eyes on the Yaz lawsuits in the MDL, Pennsylvania state court cases against Bayer in Pennsylvania have proceeded. Since October 1, 2009, the Judicial Panel on Multidistrict Litigation (or "JPML") established MDL No. 2100, In re Yasmin and YAZ (Drospirenone) Marketing, Sales Practices and Products Liability Litigation, in the Southern District of Illinois to coordinate all products liability litigation involving Yasmin and Yaz.

Yaz cases in Pennsylvania are in state court because Bayer's Bayer Corporation is an Indiana corporation, but its principal place of business in Pennsylvania.

Bayer's efforts to slow these cases by filing an appeal to the Pennsylvania Supreme Court recently failed. Bayer claimed forum non conveniens. There was little likelihood that this appeal had a real chance - you are not going to get an appellate court to flip this issue unless the facts are egregious. My two cents: Bayer is just stalling.

There is so much talk of early mediation to resolve injury claims. But drug companies are never ready to talk settlement on cases like Yaz before the cases are filed. This is true even in "I know we did it" recall cases. It holds true with ever greater force when the company refuses to even change the product label at issue.

Health Officials are reporting that the number of illnesses caused from individuals having consumed raw milk has risen to 35 people over four states. The confirmed cases of Campylobacter infection include 28 people in Pennsylvania, four in Maryland, two in West Virginia and one in New Jersey.

The tainted milk appears to have come from the Family Cow farm in Chambersburg, Pennsylvania, and health officials have said that consumers should discard raw milk bought from the Family Cow farm on or after Jan. 1. The farm has voluntarily suspended raw milk production.

The federal Food and Drug Administration warns that raw, or unpasteurized, milk can contain harmful bacteria, and Maryland law prohibits its sale. Still, dairy farmers have said that the demand is growing because of concerns about hormones in traditional dairy products.

A California woman has sued Honda alleging Honda exaggerated the miles per gallon she could expect. A small claims judge agreed with her.

After purchasing a 2006 Honda Civic Hybrid, the Plaintiff expected that her vehicle would get the 50 miles per gallon that it advertised. Instead, it was only getting around 30, and never got more than 42 (personally, I’d be thrilled if my car got 30 miles per gallon, let alone 42). So she sued, asking that Honda pay for her trouble and the extra money that she spent on gas.

The judge ruled that Honda misled her when it claimed that its Civic hybrid could drive up to 50 miles on a gallon of gas, and awarded her more than $9,800 in damages.

Interestingly enough, instead of joining other Honda owners in a class-action lawsuit, she filed in small claims court (she’s a former lawyer, no surprise there). She said that a small claims suit could cost the company up to $10,000 in her case, and with 200,000 of these cars out there, if every other individual owner filed in the same manner, “That's a potential payout of $2 billion." She said that she doubts that all other owners will take the same route, but suggests that the penalty could be substantial for the company if a large percentage of the owners file individually.

As you might expect, Honda plans to appeal the decision. Ultimately, I think this is a good lawsuit because it keeps car manufacturers honest. But I don't particularly like these cases, particularly filed as individual cases just because they clog up our court system with relatively insignificant damages without physical injury. If you think Honda is not playing straight with its MPG estimate, buy a Ford.

Wegmans Food Markets is recalling hard-cooked eggs, as well as prepared foods that contain hard eggs due to concerns with Listeria monocytogenes. The products affected by this recall would have been sold between January 23rd and February 1st.

This recall affects purchases made at Wegmans’ Rochester, Buffalo, Syracuse, Canandaigua, Newark, Geneva, Corning, Elmira, Geneseo, and Hornell stores, and came about as the result of a recent recall by Michael Foods which produces the cooked eggs at its Wakefield, Nebraska facility.
The following affected products sold in Wegmans prepared foods and deli departments that are included in the recall are as follows:

• Hard-Cooked Eggs (sold by the pound in prepared foods or as a choice on the Fresh Foods Bar)
• Eggs (special-order deli tray or 6-pack, 12 pack)
• Cobb Salad (10 oz, 43 oz, and 6.5 lb)
• Garden Salad (10 oz, 20 oz, 2 lb, and 5 lb)
• Baby Spinach Salad (9 oz, 1.8 lb, and 3.9 lb)
• Chef Salad (9 oz. and 18 oz.)
• Egg Salad (sold by the pound in prepared foods)
• Egg Salad Sub (Sub Shop)
• Kosher Macaroni Salad (sold by the pound in kosher deli)
• Kosher Pickled Eggs (sold by the pound in kosher deli)

According to Michael Foods, the recall was initiated after lab testing revealed that some of the eggs within the recalled lot dates may have been contaminated with Listeria monocytogenes. A recall of three lot dates was announced on January 26th, but Wegmans had not received any of this product. Wegmans announced their recall after the initial recall was expanded on February 1st.

There have been no confirmed reports of illness in connection with these products.

• Recall of Nike All American Sandwich
• More Listeria and Salmonella Concerns
• Wegmans - Pine Nuts Recall
• Recall of Whittington Jerky

West Elm, a division of Williams-Sonoma, will recall 5,750 floor lamps. The problem? A short circuit can occur in the floor lamp's wiring which might give users a shock they were not expecting. This is not an isolated problem: there are 39 reports of short circuits in the lamp, including three reports of shock, one report of a minor burn to a consumer's finger and two reports of minor property damage.

The Overarching Floor Lamp at issue is 77 inches tall with a 19-inch diameter base and a curving arm that extends the lamp about 5 feet from the base. The lamp's arm and base are made of polished nickel and it either natural, white or charcoal. The lamp has a three-way on/off switch.

The firm's website is very concerned about its customers on its website, eager to warn the end user. What? Really? Oh. I can't find any news about it in my quick looksie. You may have to dig a bit.

Kentucky appellate court reminds us again that you need an expert in medical malpractice case. You did not need a remind? Oh. Good

Pfizer has issued a recall for a whopping one million birth control pills due to a packaging error. This is a big deal. 14 lots of Lo/Ovral-28 pills and 14 lots of Norgestrel and Ethinyl Estradiol pills are being recalled as an investigation found that some of the blister packs may contain an inexact count of inert or active ingredient tablets, and that the tablets may be out of sequence.

Let's be honest. We have a million birth control pills that don't work. Plaintiffs' lawyers' instinct is to salivate. Like Pavlovian dogs. There are going to be lawsuits. Birth control pills have lead to a lot of lawsuits. But the "injury"in NuvaRing and Yaz cases is pretty obvious. Here, we have an obvious "injury" with complicated legal conseqences. Putting it bluntly, the "injury" here is unwanted children.

Continue reading " Birth Control Pill Recall: Lawsuits on the Way? " »

The Washington Post reports a few hours ago that after all of the recalls and government investigations into wrongdoing at Johnson & Johnson, 2 execs leaving the recall-riddled consumer health business are departing in two months.

These two bigwigs are resigning/being pushed out after a 2 1/2-year span of besmirching the one time good Johnson & Johnson name, which has included countless recalls of their big selling drugs like Tylenol, Motrin, Zyrtec and other nonprescription drugs and a congressional investigation of the handling of the recalls. Of course, J&J is always in spin mode, talking about the contributions these execs made that will live on and on. (Of course, I allow for the possibility these guys are just scapegoats.)

I've said before and I'll say it again: I hope J&J can make a comeback. It still has a great brand name and has some wonderful products. It just has to make them safely and get rid of the ones that are hurting people. Oh, yeah, and maybe quit this 510(k) garbage with their medical devices and properly test them before putting them on the market.

More than five years after the gory photographs of a teenage girl killed in a horrific automobile accident were released on the internet, her family's lawsuit has come to an end. The deceased girl's family filed suit against the California Highway Patrol (CHP) for broadcasting graphic photographs of the dead girl's body over the internet, photographs which can still be found today.

The tragic story begins with the teen having driven her father's Porsche without his permission, and ends in a senseless accident with her body being maimed and nearly decapitated. After reaching speeds of more than 100 mph, the teen clipped another vehicle, swerved, and struck a toll booth. She was so badly disfigured that her family was not permitted to view her body. Sadly, they would be given the chance thanks to two CHP dispatchers who took it upon themselves to leak the photographs. The photographs, never intend for public viewing, appeared on thousands of websites. Unbelievably, many websites mocked the girl as a spoiled rich girl, who got what she deserved. She was nicknamed "Porsche Girl." The family even received anonymous taunting messages.

The family filed suit claiming an invasion of privacy. A Superior Court judge initially threw out the family’s lawsuit, concluding that the agency had not breached any legal duty to the family, as the law did not recognize the right of family members to sue for invasion of privacy involving photos of the dead at the time. But that changed in 2010 when the state's 4th District Court of Appeal reversed the decision. For the first time in California, the court established that surviving family members have a right to sue for invasion of privacy in such cases.

The family is still desperate to have the photos removed from the internet. As part of the settlement, CHP has agreed to help fight to remove the photos, experts say they will never be removed. A simple search of the family's last name brings up links to the photos.

All the way around, it is just an awful situation.