Accident and Injury Lawyer Blog

Johnson & Johnson has announced the recall of Aveeno Baby Calming Comfort Lotion. The recall only affects one lot that was shipped only to a few states.

The recall was initiated as a precautionary measure after testing indicated that the lot exceeded the specifications for common bacteria. Extensive testing has been performed since by an independent lab, and has not shown that specifications were exceeded; however, Johnson & Johnson Consumer Companies initiated the recall out of an abundance of caution.

The only affected lot is lot number: 0161LK with a UPC Code of: 38137-0036456. The recalled product was shipped to Alabama, Arkansas, Florida, Georgia, Kansas, Louisiana, Mississippi, Tennessee and Texas.

The Judicial Panel on Multi-District Litigation has consolidated over 100 federal lawsuits involving Actos. Plaintiff's lawyers have alleged in these lawsuits that they have developed bladder cancer from the use of Actos. The Actos MDL (which is a class action for discovery purposes) will consolidate all Actos lawsuits around the country in the Western District of Louisiana.

Actos (Pioglitazone) is prescribed to treat type 2 diabetes. Pioglitazone is in a class of medications called thiazolidinediones, and works by increasing the body's sensitivity to insulin. Actos is taken orally, typically once a day. Actos is approved as an adjunct to diet and exercise, to improve glycemie control in patients with Type 2 diabetes (non-insulin-dependent diabetes mellitus). Actos is also used in combination with a sulfonylurea, metformin, or insulin when diet and exercise is unable to get a patient's glycemie under control. Plaintiff's lawsuits allege that taking Actos has caused them to get bladder cancer.

If you are considering an Actos bladder cancer lawsuit, you can find more information on bringing a claim here.

Dogs are people too. Pretty much. For many of us.

So we report here on Proctor & Gamble Company has retrieved a single production lot of dry dog food as aflatoxin levels, above the acceptable limit, have been detected. This product has already been retrieved from store shelves.

Aflatoxin is a naturally occurring by-product from the growth of Aspergillus flavus and can be harmful to pets if consumed in significant quantities. Pets who have consumed this product and exhibit symptoms of illness including sluggishness or lethargy combined with a reluctance to eat, vomiting, yellowish tint to the eyes or gums, or diarrhea should be seen by a veterinarian.

The affected dog food is as follows:

• Product Name: Iams ProActive Health Smart Puppy dry dog food with Use By/Expiration Dates of February 5 or February 6, 2013
• Version: 7.0 lb bag; Code Date: 12784177I6; UPC Code: 1901402305
• Version: 8.0 lb bag; Code Date: 12794177D2 and 12794177D3; UPC Code: 1901410208
• Version: 17.5 lb bag; Code Date: 12794177K1 and 12794177K2; UPC Code: 1901401848

The affected product lot was distributed to a limited number of retailers located in the eastern United States: Alabama, Connecticut, Delaware, Florida, Georgia, Louisiana, Maryland, Maine, Mississippi, North Carolina, North Carolina, New Hampshire, New Jersey, New York, Pennsylvania, South Carolina, and Virginia. These retailers have already removed this product from store shelves.

While no health effects related to this product have been reported, P&G retrieved this product from the shelves as a precautionary measure. Consumers who purchased the affected dog food should stop using it, discard it, and contact Iams a replacement voucher.

No other dry dog food, dry cat food, dog or cat canned food, biscuits/treats or supplements are affected by this announcement.

Dogs matter. I'm glad Proctor is doing the right thing by making sure our animals are safe.

Mars Food has recalled two date codes of Uncles Ben's Whole Grain White Rice Garden Vegetable, due to an undeclared milk allergen. People who have an allergy or severe sensitivity to milk run the risk of serious or life-threatening allergic reaction if they consume these products.

The recall, affecting ONLY the Whole Grain White Rice Garden Vegetable, affects the 4.7 oz. (133 g) boxes with the following:

• UPC code of 54800 40778
• Best before: 08/12
• Code dates: 133BA4RP06 and 133BB4RP06

An ingredient supplier improperly included an undeclared milk ingredient in the seasoning mix used for this product. As such, consumers with milk allergies are advised not to eat the product, and consumers should return the product to the store where it was purchased for a full refund.

This product was distributed through retail stores in Alabama, Arkansas, Arizona, California, Colorado, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Missouri, Mississippi, North Carolina, New Hampshire, New York, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Utah, Virginia, Vermont and Wisconsin.

Mars Food US has not received any reports of illness or other consumer complaints related to this matter. No other flavors of Uncle Ben's Whole Grain White Rice or any other Uncle Ben's products are affected.

Louisiana Medical News provides an article on the discussions in Louisiana about medical malpractice caps.

Here we go again. A man in Louisiana has filed a lawsuit against Oprah Winfrey, alleging she and her lawyer made false statements that led the FBI to arrest him on charges that he tried to extort the talk-show host.

The problem with all of this is that potential jurors read this stuff and it leads them to conclude that the system is out of control when, in fact, there should be an entire judical system set up just for celebrities because there are so many lawsuits involving them. This bleeds into juror's preceptions of accident and injury lawyers and their clients not just in Louisiana but all around the country.

The average personal injury verdict in Louisiana $ 95,000. The national average is $45,000. Historically, the best verdicts in Louisiana come out of New Orleans.

Related Posts to Value Louisiana Case:

What is the Value of My Personal Injury Case in Louisiana? (analysis of how value is determined in personal injury cases thoughout the country, including Louisiana)

Value of Personal Injury Cases in Louisiana (comparing Louisiana to other jurisdictions)

My two volume treatise Insurance Settlements is now available from James Publishing. The book discusses how to position a lawyer's car accident, truck accident, medical malpractice or product liability case to the best possible settlement at every step along the way (until the state's high court affirms the judgment).

Click on the James Publishing link. If you have any comments on the book, please email me at ronmiller@millerandzois.com under the subject "Insurance Settlements Comments."

Our lawyers are reviewing Byetta claims after the FDA announced this week that the diabetes drug has been linked to severe pancreatic problems in dozens of patients. On Monday, the FDA warned patients taking Byetta to discontinue use if they develop symptoms of the disorder. Further the FDA said that doctor prescribing Byetta should consider other prescription options for patients with a history of pancreas problems.

Since Byetta was introduced into the United States in 2005, more than 700,000 patients have used the Byetta.

Our lawyers are now exploring potential Byetta lawsuits. If you would like to discuss your case with a Byetta lawyer, call 800-553-8082 or click here for a free consulation/case evaluation (or even to answer any question you may have). For more information on Byetta and the concerns with Byetta, click here.

Last week, Digitek manufacturer Actavis Totowa recalled over 65 different drugs made at their New Jersey manufacturing plant. The list of recalled drugs (in some form or another) includes such generic drugs as Bellamine, Buspirone, Carisoprodol, Oxycodone Meperidine, and Rifampin. This strengthens the conclusion that the New Jersey plant that made these drugs may be the cause of irregularities in Actavis medications.

In April 2008, Actavis recalled Digitek, a drug prescribed to treat heart failure and irregular heartbeat because it was discovered that Digitek tablets appeared to have double the thickness – and likely double the active ingredient – listed on the label. When Digitek is given in abnormally high doses it can lead to digitalis toxicity which, paradoxically, worsens the problems Digitek is intended to treat, causing nausea or lower blood pressure and other side effects from the Digitek overdose that can lead to the increased risk of stroke or a heart attack.

If you would like to speak to a Digitek recall lawyer about a potential Digitek lawsuit, call 1-800-553-8000. For more information on the Digitek overdose recall or a free consultation on your potential Digitek case, click here.

Zimmer's Durom Cup hip implants are likely to be the subject of a good number of lawsuits from patients with the Zimmer implants. But they will not be the only ones. Apparently, Zimmer’s own shareholders may agree that Zimmer left its hip implant on the market way too long. Last week, shareholders of Zimmer stock filed a class action in Indiana. Interestingly, the lawsuit seeks damages for shareholders who purchased stock between January 28, 2008 and July 21, 2008. This tells our Zimmer hip implant recall lawyers that these shareholders believe that Zimmer knew or should have known and issued a recall on or before January 28, 2008.

If your Zimmer Durom hip resurfacing cup was defective, call our Zimmer hip implant lawyers at 1-800-553-8082 or click here for a free consultation.

More information on the Zimmer Hip Implant Recall
History of the Zimmer Durom Cup Hip Implant Recall
More information on the Zimmer hip implant recall lawsuits

Jury Verdict Research(r) study reports that rotator cuff injuries reached a 7-year high in 2006 with a compensatory award median of $72,667. This is almost 50% higher than previous reported settlements and verdicts in rotator cuff injury cases.

Our lawyers have never understood while the national data in these cases was so low. Washington D.C. rotator cuff injuries have averaged well over $100,000 for rotator cuff settlements and verdicts so we have never understood why the national average was as low as it has been. In any event, for whatever reason, rotator cuff verdicts are on the rise.

Our lawyers handle rotator cuff injury cases throughout the United States. Our lawyers have handled scores of rotator cuff injuries in car and truck accidents, typically in side collision or "T-bone" accidents. Our lawyers believe that insurance companies do not give fair value in most rotator cuff injury cases and our lawyers will fight to get you the financial compensation you deserve. Call a rotator cuff lawyer to protect you at 800-553-8082 or click here for a free consultation and case evaulation.

Related Posts

What Is the Value of Your Personal Injury Claim? (how the value of rotator cuff and other person injury settlements are calculated)

Sample Demand Letter (sample letter demanding settlement in a personal injury case)

Handling Your Claim Without a Lawyer (tips and pratfalls)

Lawyers representing Digitek overdose victims have filed nine lawsuits in New Jersey against Actavis Totowa LLL and its parent company Actavis Group, alleging a manufacturing defect in Digitek, namely that some Digitek tablets have contained twice the active ingredient of the drug. Digitek recall lawsuits have also been filed in West Virginia and California.

Our Digitek recall lawyers are reviewing these Digitek overdose cases in all 50 states expecting that a consolidated class action lawsuit will be appropriate (as opposed to this scatting of individual cases). If you want to discuss your case with one of our Digitek lawyers call us at 800-553-8082 for a free consultation or click here for a free Internet consultation.

On Friday, a Louisiana jury in West Carroll Parish awarded $4 million to the family of a man who died in a 2002 crash. According to the lawsuit, a faulty Teledyne Continental Motors engine was to blame for the accident that killed the plaintiffs' decedent.

Louisiana lawyers Daniel Barks, Richard Fewell Jr. and Dion Young represented the family in this defective products lawsuit.

State Farm has taken a lot of PR punches in Louisiana over Hurricane Katrina. But that does not mean Louisiana juries are not fair. Last week, a Hurricane Katrina case that went to the jury resulted in a defense verdict for State Farm, denying the claim of a Slidell couple seeking $625,000 from the insurer for damage they allege was caused by a sewer backup into their home during the storm. The jury did not buy that a sewer backup caused the damage.

Interestingly, before trial State Farm offer $10,000 to settle the case. The jury did award the Plaintiffs $8,259 for wind damage from the hurricane. In this case, State Farm got it about right.

A study to appear soon in the Tulane Law Review concluded that campaign donations make a difference to the Louisiana Supreme Court. Justices on the Louisiana Supreme Court vote in favor their own contributors' position up to 80 percent and 90 percent of the time. The study also showed the more the merrier. Larger contributions had greater benefits. Justice Catherine D. Kimball was 30 percent more likely to vote for a defendant with each additional $1,000 in campaign donations. For Justice John L. Weimer, the effect was 300%.

You can argue that these numbers are not a surprise because financial contributors throw more to judges apply whose those philosophies benefit them. This does make sense. I'm sure the NRA, for example, is not going to send Barack Obama or Hillary Clinton a ton of money. I'm sure Justice Weimer's contributors knew where he stood on the issues. But judges are viewed differently that politicians and, accordingly, are viewed through a different prism. There is an appearance that something is helpful. Perceptions matter.

The lesson, as always: electing judges is just the wrong way to go.

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