Accident and Injury Lawyer Blog

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.

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.

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 Food and Drug Administration (FDA) has announced a recall of Aunt Jemima Frozen Pancakes as there is concern that the pancakes may contain soy protein. People who have an allergy or severe sensitivity to soy protein may run the risk of an allergic reaction.

The recall was initiated after it was discovered that there may have been potential cross-contact with a product that contained soy, and applies only to the following Aunt Jemima Frozen Pancakes:

• UPC Code: 19600-05100 - Aunt Jemima Pancakes Buttermilk Low Fat - 12/14.5oz
• UPC Code: 19600-05490 - Aunt Jemima Oatmeal Pancakes 12/14.8oz
• UPC Code: 19600-05820 - Aunt Jemima Pancakes Buttermilk 12/14.8oz
• UPC Code: 19600-05910 - Aunt Jemima Pancakes Homestyle 12/14.8oz
• UPC Code: 19600-05955 - Aunt Jemima Confetti Pancakes 12/14.8oz
• UPC Code: 19600-06040 - Aunt Jemima Whole Grain Pancakes 12/14.5oz

The affected pancakes are packaged in cardboard cartons with a ‘Recommended Use By Date’ between November 1, 2011 up to and including October 16, 2012, which can be found in the white box on the end of the carton.

There have been no reports of illness as a result of this incident.

Mazda Motor Corp. will recall some of its Tribute SUVs from the 2001 and 2002 model years to remedy a brake-system problem that cause fires. This Mazda Tribute recall should impact 52,390 SUVs.

The problem with the Mazada Tribute is that the cap on the brake master cylinder reservoir can leak brake fluid. Leaky fluid meets wiring on the anti-lock brake system, you get a little corrosion and you have yourself a fire.

Vehicles in the recall will get new brake master cylinder reservoir caps and a modification of the Mazda's antilock-brake electrical system.

I realize that it takes some corrosion for this problem to kick in, I really do. But should it take 11 years to figure it out? I have my doubts.

A toy manufacturer will recall 7,000 Mexican made packs of Super Luchamania Action Figures due to high levels of lead paint. The U.S. Consumer Product Safety Commission discovered that the surface paints on the figures contained levels of lead that exceeded federal standards.

There have been no injuries reported. Of course, a child who suffers a brain injury from lead paint does not have immediate symptoms anyway. No lead paint. No lead paint. Isn't this a simple rule we can get right?

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.

CareFusion is updating their recall of the Nicolet Cortical Stimulator Control Unit, Nicolet C64 Stimulus Switching Unit (SSU) Amplifier, and the NicoletOne Software with Cortical Stimulator License. The recall, originally made in October 2011, affects 125 devices and 58 software licenses that were distributed to 38 customers between May 7, 2009 and July 11, 2011. The recall has no effect on the manufacture or distribution of current products.

In October 2011, an urgent Medical Device Recall Notification was issued to customers advising that a potential risk had been identified in the Cortical Stimulator Control Unit, SSU Amplifier and related software applications. The units affected by the recall have the potential to develop a short circuit, and affected software licenses may display or capture the incorrect electrode annotation label on the unit screen and in the associated report.

• Recent Medical Device Recalls
• 2011 Medical Device Recalls
• 2010 Medical Device Recalls
• 2009 Medical Device Recalls
• 2008 Medical Device Recalls

11,000 desk chairs are being recalled

Steelcase Inc. is recalling the Amia desk chair as it has been discovered that the pivot pins installed in the control mechanism under the chair seat can fall out, posing a fall hazard to the user.

This recall affects the model 482 Series Steelcase Amia desk chairs that were manufactured in the United States between March 1, 2011 and June 6, 2011. The model number and manufacture date of the affected chairs are printed on a label on the underside of the chair seat.

Consumers should immediately stop using the chairs and contact Steelcase to receive adhesive covers to apply over the pivot pins on their chairs.

I don't know how many injuries there have been. I wish when the feds sent out these reports there was a comments section that said things like, "Maybe this recall was unnecessary, I don't know" or "Man, this thing is awful. It is going to kill people and I can't believe these idiots built this thing like this." Unrealistic, sure, but a lot more informative for readers.

Nearly 300,000 Mini Coopers are being recalled after makers detected an electrical fault which could lead cars to catch fire. The recall affects approximately 30,000 vehicles in Britain and 235,000 worldwide.

Safety checks have revealed a problem which can cause the water pump to fail, potentially causing the car to overheat. The recall relates to two models – the Mini Cooper S and the Mini John Cooper Works, manufactured by German car maker, BMW.

Amazingly, a spokesman has insisted that the vehicles remain safe to drive, as there is a "very low incidence" of the fault. He goes on to say that "In more extreme cases, it could create a heat build-up in the wiring and some smoldering," and that "Potentially it could cause a fire".

Really? Low incidence or not, I don't want to be part of the "very low incidence" and driving the one vehicle that does catch on fire.

Owners will be issued with a recall notice in the next few weeks and are being encouraged to "simply" go to the dealer and have it fixed.

Honestly, I didn't like these cars before I heard about this recall.

Smith & Nephew knee replacements are failing at an unacceptable rate

Our lawyers are investigating knee replacement lawsuits against Smith & Nephew. These knee replacements have been on the market for some time. The reason for the lawsuits is simply: the Smith & Nephew knee replacements are simply failing at an unacceptable rate. These were supposed to be knee replacements that would last for 10 to 20 years. Patients who have these devices implanted may be entitled to revision surgery, medical expenses, lost wages and pain and suffering damages. If your knee failed and you think you have a potential knee replacement lawsuit, call 800-553-8082 or get a free on-line consultation.

Smith & Nephew

Smith & Nephew is a company that started with a pharmacy in England in 1856, eventually growing into an international company that develops orthopedic medical devices, wound-care treatments, and endoscopy devices. Smith & Nephew is no stranger to defective knee implants—in September 2003 it recalled its cementless Oxinium Profix II and Oxinium Genesis II knee implants, which had a tendency to come loose and require corrective surgery.

Defective Knee Replacements

The American Academy of Orthopaedic Surgeons conducted a study evaluating 36 devices implanted in 32 patients from January 2008 to January 2009. Eight patients had persistent knee pain well after the surgeries, and only 19% of patients were completely pain-free. Those patients with significant problems had the surgery redone in the form of a total knee replacement. During that second surgery, the baseplate was found to be loose or fractured in all patients. The AAOS reported:

Implantation of the Deuce BKA provides unreliable pain relief and functional results. A survival rate of 86% at 21 months is unacceptable in comparison to reported results of TKA. We report one catastrophically failed device in our series of 36 cases.

Defective Parts

• Smith & Nephew Journey-Deuce Uni Tibial Baseplates: Recalled in 2010 (40,000 units recalled)

The baseplate (circled in red) rests on the tibia (the bottom leg bone), and attaches to the knee replacement hardware on the femur (the top leg bone). Because these baseplates are breaking, the entire knee replacement can become compromised and unstable.

Symptoms

Patients with defective Smith & Nephew knee replacements may experience pain and limited range of motion. Most patients will require additional surgery to repair the damage.

Status of Smith & Nephew Knee Replacement Lawsuits

Individual lawsuits are being filed against Smith & Nephew for their defective knee implants. There is no class action or MDL yet, but it is possible that plaintiffs will seek to combine many of these cases in a federal MDL as more are filed. Some of the claims plaintiffs' attorneys are alleging include:

• Negligently manufacturing the knee replacements
• Strict product liability
• Failure to warn consumers and healthcare providers about the risks of the knee replacements
• Breach of warranty

What To Do If You Have A Defective Smith & Nephew Knee Replacement

If you believe you have a Smith & Nephew defective knee implant claim, contact our product liability lawyers at 1-800-553-8082, or click here for a free evaluation of your case.

More Information

• American Academy of Orthopaedic Surgeons (Feb. 2011): 16% of Smith & Nephew Journey-Deuce knee implants fail within two years of surgery http://www3.aaos.org/education/anmeet/anmt2011/podium/podium.cfm?Pevent=006
• FDA Journey Knee Replacement Recall (Mar. 3, 2010) http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfRes/res.cfm?ID=88048

I saw the headline "Fatal ATV Crash Suit Settled for $2.7 Million" and my first reaction - without really thinking about it - was that there must have been a verdict in the AVT product liability cases involving the Yamaha Rhino or some other ATV.

Not quite. This case involved a college student who live in Sykesville, Maryland near where I grew up. The young man was killed as a passenger on an ATV written by someone who was drunk and driving the ATV at an excessive speed.

Now that did not make sense either. Who was paying out the $2.7 million? Turns out, the driver of the vehicle came from a very rich family.

You can read the story on the verdict here.

Johnson & Johnson is in hot water. Again. This time, their Animas unit continued to sell insulin pumps last year, after having learned of a malfunction with the pump. The malfunction, involving the pump’s keypad, prompted a design change of the One Touch Ping and 2020 pumps, which included switching manufacturing to a different supplier.

The FDA has released a letter inquiring as to why J&J continued to manufacture the insulin pumps after being made aware of their failures, and has given J&J 15 days to respond. J&J has stated that the warning letter from the FDA only requested further clarification on their internal quality systems and processes, and that the insulin pumps they manufacture meet all product specifications. They do, however, claim to be dedicated to quickly resolving the FDA’s outstanding concerns.

All of this begs the question, why did Johnson & Johnson continue to sell the pumps? J&J, the world’s second-biggest seller of health-care products, has faced a series of safety recalls and FDA warnings over the last two years. Last month’s warning could lead to fines or affect J&J’s chances of winning federal contracts. Was this most recent impropriety worth it? J&J continues to besmirch its once great name. I really can't believe more people are not talking about this. Can this get a mention on CNBC at least? Unbelievable.

• Johnson & Johnson: Metal on Metal Hip Replacments
• Johnson & Johnson Settles a Risperdal Suit
• Tylenol Recall
• Johnson & Johnson - More Metal on Metal Hip Issues

There is a recall for 55,000 flashlights sold at Target, according to the U.S. Consumer Product Safety Commission. The problem? These recalled LED flashlights are a fire hazard.

The recall involves 6-piece LED Flashlight Sets with flashlights made of silver plastic with black rubber around the handle and light base.The flashlight sets have the UPC code 490021010049 on the back of the flashlight's packaging.

Consumers are advised, obviously, to stop using these flashlights because of the fire hazard and return them to Target. I would love to see the stats on how many of these flashlights are returned to target. I'm betting less than 1,000.

Approximately 30,400 children and youth helmets are recalled

Triple Eight Distribution has announced the recall of approximately 30,400 children and youth bicycle helmets, as recent testing has demonstrated that these helmets do not comply with the CPSC's safety for impact resistance.

The helmets, manufactured in China, are multi-purpose helmets, and also sold for use as bicycle helmets. The "Little Tricky" helmets are marketed for children and youth, and feature a large Little Tricky logo on both sides of the helmet. The "Triple Eight" Liner helmets feature a hard black inner EPS foam liner, and the "Sector 9" Liner helmets feature the same EPS liner. Both the Triple Eight and Sector 9 helmets have an interior label indicating the size “S/M” for small/medium and a manufacture date indicated as month/year (ex. APR/2011), but only the Triple Eight and Sector 9 size “S/M” EPS Liner helmets are affected.

Ultimately, a helmet does not have to accomplish to many things. Just protect the child's head. It would seem like a pretty easy score for a helmet.

• Bell Helmet Recall
• New Hampshire Motorcycle Helmet Laws
• Motorcycle Helmet Statistics

Novartis has recalled a number of products that contain broken tablets. Most notable is Excedrin but the recall also includes NoDoz, Bufferin and Gas-X Prevention.

This certainly does not appear to be a big deal. Novartis issued these recalls as a precaution due to an internal product review and complaints that identified issues such as broken gelcaps, chipped tablets and inconsistent bottle packaging line clearance practices, where a potential for a tablet mix up could not be ruled out. Certainly, I bash drug companies enough on here. Novartis should be praised for taking this precaution.