Richmond Virginia Personal Injury Lawyer - Defective Products

Asbestos Verdict in California

Michael Phelan — Thu, 13 Mar 2008 17:17:08 GMT

A San Francisco jury Monday returned a $20 million verdict in favor of an asbestos victim. The jury determined that the sole remaining defendant at trial, Georgia Pacific Corp., was responsible for 30% of the verdict. The plaintiff was a former film actress and singer who toured the world seven times entertaining our troops as a USO singer. The plaintiff and her husband started a part-time home remodeling business and used Georgia Pacific compounds to fill cracks in drywall. The plaintiffs showed that GP continued making this dangerous compound long after it learned that the asbestos-containing compound caused cancer and long after GP's competitors removed asbestos from their compounds. The plaintiff, who has about nine months to live, was grateful to have had the opportunity to effect GP's corporate behavior. GP announced it would appeal the verdict.

Originally posted at InjuryBoard by Michael Phelan

Heparin Linked to More Deaths

Michael Phelan — Sun, 02 Mar 2008 13:00:17 GMT

The Food and Drug Administration reported last week that the number of deaths associated with heparin, a brand of blood thinner, has risen. The brand of heparin associated with the problems is made by Baxter International. Baxter produces most of the heparin used in the United States. Heparin is made from pig intestines, which, of course, could be supplied by U.S. farmers. Baxter buys its supplies from a Chinese plant. Federal drug regulators said last Thursday that they found "potential deficiencies" at a Chinese plant, Changzhou SPL, that supplied much of the active ingredient for heparin.

The FDA also said it was investigating two Chinese wholesalers that supplied crude heparin to Changzaou SPL, as well as those that sold raw ingredients to the wholesalers. The New York Times reported last week that at least one of the Chinese wholesalers received supplies from small, unregulated family workshops that scraped the mucous membrane from pig intestines and cooked it, producing crude heparin. Changzaou SPL began shipping the heparin ingredient to Baxter in 2004, but the FDA did not get around to inspecting the Chinese plant until last week! Getting access to this plant could not have been difficult because the majority owner of the plant is Scientific Protein Laboratories, a Wisconsin company. The FDA now admits that it violated its own policy by failing to inspect this plant. The FDA inspection last week found multiple safety violations, including the fact that the plant made some heparin with "material from an unacceptable workshop vendor.' The image conjured by that description is of a poor, unsanitary Chinese farm.

This alarming news coincides with the federal preemption decision last week by the U.S. Supreme Court in which the Court held that lawsuits against manufacturers of certain medical devices which received from the FDA pre-market approval, were pre-empted by federal law. The decision, authored by Justice Scalia, assumes the FDA pre-market approval is a rigorous process. One hopes that this flawed rationale is not extended to pharmaceutical drugs such as heparin. As the heparin situation illustrates, the FDA is impotent to keep up with even minimal safety inspections. The FDA does not itself test new drugs submitted by manufaturers for FDA approval. Rather, the FDA relies upon pre-market clinical studies submitted to the FDA by the drug manufacturer. The flaw in this system is that history is replete with examples of drug manufacturers submitting only the clinical trial test results that support a conclusion of safety and efficacy, and hiding from the FDA test that show the proposed drug is unsafe and/or not efficacious. Once the drug is approved, the post-marketing safety process is essentially to use as canaries in a coal mine the U.S. consumer. Manufacturers continue to move much of the manufacturing process overseas to countries like China, and the FDA is slow to inspect the overseas plants. There seems to be an epidemic of poisonings of U.S. citizens by food and drug products coming from China. This is exactly the wrong time for the Supreme Court to try to preempt the very lawsuits that may be the last line of defense against these dangerous products.

Originally posted at InjuryBoard by Michael Phelan

$30 Million Asbestos Verdict

Michael Phelan — Sun, 02 Mar 2008 13:00:17 GMT

Mesothelioma is an aggressive lung cancer caused by exposure to asbestos. A New Jersey jury recently returned a $30 million verdict in favor of a 50 year old advertising executive who died from mesothelioma. The decedant's exposure to asbestos was when he worked summer jobs at GM warehouses handling asbestos-containing automotive parts. The decedant's father also worked full-time at the warehouse and brought asbestos fibers home on his wok clothes. The verdict was against Asbestos Corp. Ltd. of Canada, which provided material for the GM brakes, and BorgWarner Inc. of Michiga, which made clutches.

Originally posted at InjuryBoard by Michael Phelan

Your Stryker Hip Implant Could be Defective

Michael Phelan — Thu, 17 Jan 2008 10:57:25 GMT

According to an FDA Warning issued on November 28, 2007 and released to the public on January 15, 2008, some models of Stryker hip implants may be defective. The FDA has received numerous complaints concerning Stryker hip implants from patients experiencing fractures, pain, wear particles, fragments, and broached bones resulting in bone fractures. Many of these problems required revision surgery. This is the second stern warning issued in 2007 by the FDA to Stryker about its http://www.fda.gov/foi/warning_letters/s6627c.htmhip implants. The most recent warning letter followed an inspection by the FDA at Stryker's Mahwah, NJ plant which took place on June 12 and July 1, 2007.

An earlier letter issued in March followed the inspection of a Stryker plant in Ireland where Stryker knee implants are made. According to the FDA, the inspection of the New Jersey plant uncovered problems directly linked to the manufacture of defective hip implant components. Those problems included failing "to establish and maintain procedures for identifying all of the actions needed to correct and prevent the recurrence of nonconforming product and other quality problems" related to complaints Stryker received between January 2005 and April 2007, and "verifying or validating the corrective and preventive action to ensure that such action is effective." The FDA also said that the four responses it received from Stryker regarding the problems found during the NJ inspection were inadequate.

For more information on this subject, please refer to the section on Drugs, Medical Devices and Implants.

Originally posted at InjuryBoard by Michael Phelan

Contaminated Heparin Syringes Recalled

Michael Phelan — Thu, 27 Dec 2007 11:30:33 GMT

Manufacturers of sterile medical products are supposed to follow strict sterility standards. Unfortunately, there has been a growing number of reports and recalls of contaminated medical products caused by poor quality controls by manufacturers of products required to be sterile. The latest recall involves heparin IV flush syringes found to be contaminated with Serratia marcescens, a potentially dangerous bacteria. The details of this heparin syringe recall are as follows:
Manufacturer: Sierra Pre-Filled, Inc., Angier, North Carolina
Recall initiated by: AM2PAT, Inc., Angier, North Carolina
Product Description: Heparin Lock Flush Solution USP, 100 units/ml, 5ml in pre-filled syringes
Lot #: 070926H

The product was distributed nationwide. One may ask, "why worry about bacterial contamination in a supposedly sterile solution?" The answer is that bacteria such as the kind the CDC confirmed was growing in this lot of heparin syringes can cause serious health consequences that could lead to life-threatening injuries and death. One such adverse health risk is systemic inflammatory response syndrome (SIRS), which results in inflammation throughout the whole body and can lead to death. A cause of SIRS is exposure to high levels of endotoxins, such as those produced by certain bacteria as the bacteria dies.

Any adverse reactions experienced after heparin therapy should be reported to the FDA's MedWatch Program at 1-800-FDA-1088 (phone), 1-800-FDA-0178 (FAX), www.fda.gov/medwatch (web), or Medwatch, HF-2FDA, 5600 Fishers Lane, Rockville, MD 20852-9787 (mail).

If you or a loved one has been injured by this product, do NOT return the product to the manufacturer. For more information, please feel free to contact us through the Ask a Lawyer feature on this blog site.

Originally posted at InjuryBoard by Michael Phelan

Toy Fingerprint Kit Contains Deadly Asbestos Powder

Michael Phelan — Fri, 21 Dec 2007 01:00:01 GMT

No sane parent should buy a toy made in China. As if the lead paint crisis was not bad enough, a children's toy modeled after the popular television series CSI tested positive for tremolite, a deadly asbestos powder. Shockingly, the toy is a "CSI: Crime Scene Investigation Fingerprint Examination Kit" and the fingerprint powder contains asbestos. The directions instruct the kids to blow on the powder or dust it away. This increases the risk of inhaling the asbestos. When asbestos fibers are inhaled, they reach the deep recesses of the lung where they are deposited permanently. These fibres may cause a deadly cancer , such as mesothelioma, or a terrible lung disease called asbestosis. These injuries can manifest several decades after exposure. There is on safe level of exposure to asbestos fibers. These dangerous kits have been on the market for as long as three years and are currently being sold at Toys R Us., eToys, QVC, and Walgreens. Kudos to Public Justice for taking action on this issue.

Originally posted at InjuryBoard by Michael Phelan

R.I. Supreme Court Upholds Lead Hazard Mitigation Act

Michael Phelan — Wed, 12 Dec 2007 13:32:24 GMT

On Tuesday, Rhode Island's Supreme Court upheld the constitutionality of The Lead Hazard Mitigation Act (LHMA) which went into effect in 2005. The purpose of the LHMA is to reduce the hazards of deteriorating lead based paint to humans. Lead is a neurotoxin which can cause severe brain damage. Toddlers are particularly susceptible because they tend to put everything in their mouths and because their brains are continuing to develop until they are approximately seven years of age. Introducing a potent neurotoxin into the developing brain can cause irreversible brain damage. Thus, the Rhode Island legislature is to be congratulated for passing the LHMA.

The duties the LHMA imposes on owners of rental properties built before 1978 are as follows:
1. owners must attend a lead awareness seminar
2. owners must evaluate their properties for lead hazards (i.e., testing)
3. owners must correct lead hazards by meeting mandated mitigation standards
4. correction of lead hazards must occur within 30 days of notice
5. tenants must be informed of all lead hazards.

By contrast, the Virginia General Assembly's approach to lead hazards has been to bend over backwards to protect owners, landlords, and property managers from lawsuits on behalf of brain damaged children. In 2000, the Virginia General Assembly enacted a statute granting immunity from civil lawsuit to owners and agents who simply hand out form disclosure statements, which often state no more than the building was constructed prior to 1978 and the owner is not aware whether the premises contains lead paint. The incentive is for the owner to stick his or her head in the sand. Even though sophisticated owners know that a house built in the early 1900's has lead paint, Virginia law encourages such owner not to test the premises to find out. By the way, Virginia's immunity statute was introduced by then Delegate Thelma Drake, an owner/manager of rental properties. Ms. Drake is now a member of the United States Congress. Unfortunately, poor children have no lobbyists to compete with the influence of the lobbyists for the realtors and property managers. Let's hope that Virginia one day follows Rhode Island's lead and does the right thing. I'm not holding my breath.

Originally posted at InjuryBoard by Michael Phelan

Dennis Quaid and Wife Sue Drug Maker

Michael Phelan — Tue, 04 Dec 2007 17:04:00 GMT

In a lawsuit filed today, actor Dennis Quaid and his wife sued Baxter Healthcare Corp., the maker of the blood thinner, heparin. The Quaid's newborn twins and a third patient at Cedars-Sinai Medical Center were mistakenly given doses of heparin that were 1,000 times stronger than the intended dose. The product liability lawsuit, filed in Chicago, alleges the heparin was unreasonably dangerous because the large dose vials were packaged and sold with labels that were difficult to distinguish from the labels on the small dose vials. A similar dosage killed three infants at a hospital in Indianapolis last year. The Quaids did not sue the hospital (which admitted the error) and are not looking for money from the lawsuit. They hope to save other children from this preventable error.

For more information on this subject, please refer to the section on Drugs, Medical Devices and Implants.

Originally posted at InjuryBoard by Michael Phelan

Crib Recall Post Sparks Defective Trailer Comment From Concerned Citizen

Staff Writer — Sun, 23 Sep 2007 12:27:43 GMT

Fellow InjuryBoard Blogger, Milwaukee accident attorney David Lowe, recently posted a notification that 1 million Simplicity baby cribs were recalled. A reader here in Virginia found David's post and contacted us regarding his concern about another dangerous product - unsafe trailers on Virginia highways. We are publishing his letter at his request:

Dear concerned:
With regards to the baby crib recall, we now have a massive problem with another breakdown. This situation took 2 years to follow through and I believe less than 5 children died as a result. The delay is a direct result of the lobby interests that erode our government agencies oversight.
I guess that Mattel must have designed the crib and what will happen the company will travel to china and apologize. The same situation exists with the National Highway Safety Transportation Administration. In this case I have been able to determine that over 400 people a year are killed due to utility trailers that come unhitched and are in disrepair I.E. non working taillights. They are so powerful that in Virginia the law states that all trailers over 3,000 pounds need to be inspected every year. So what do they do? They make them just under 3,000 pounds so they range between 2,990 and 2,998. They are also so powerful that they pay Delegate Pollard $3,200 in campaign money and Delegate Whitman $5,000 over the past two years to destroy my law and prevent further requirements to these trailers.
What ever happened to doing good; why do we have to wait so long for something to be done? They are even so powerful they can suppress an accident that happened on the Bay Bridge on May 10, 2007 that killed 3 people and injured 7 that tied up traffic for 8 hours. Two of the victims were a Father and Son who were volunteer fireman. Why else would our government ignore a quote from the VCU Crash Team that was published over 1 and 1/2 years ago? Go here to view the report. Here is the quote:
"In Summary, this crash was caused when a homemade trailer detached from the pick up that towed it. It struck a Cadillac traveling in the opposing lanes of traffic, fatally injuring the driver. Trailers are a special class of vehicle and all are subject to some requirements regarding lights and chains. While the Code exempts some smaller trailers, those designed to carry over 3000 pounds are required to have brakes and to be inspected beyond the initial visual confirmations of a VIN plate."
However, Virginia state code is silent as to any design or construction specifications for those vehicles or for towing chains and hitches. The purpose of this technical alert is to draw attention to the potential dangers of unsafe trailers on roadways in the Commonwealth. In many cases, towed trailers may be in OBVIOUS violations of safety codes that relate to lighting, braking and inspection requirements. Wherever possible, Law Enforcement Officers should be trained in ways to quickly and easily identify such vehicles. In other cases, a trailer may meet all legal requirements but still be hazardous when used in transportation.
The team recommends that the department of motor vehicles, the department of state police and or members of the Virginia General Assembly review the current administrative code and consider ways to improve safety with regard to trailers operated on Virginia roads.
I did not write this; the crash team did. Can you guess what's been done so far??? NOTHING!!!!!!! Except to push me away. I asked for help and all I get in return is a revision to my law trying to undo it. This is not the way it should be.
Then why should we expect anything more from our government except pandering to the lobby interest? Oh by the way I'll keep doing the job that our government agencies are suppose to do with no funding. At least I'm not wasting taxpayers' money trying to build a bridge to nowhere. In closing we let babies die in cribs, we let lead paint enter our homes in the form of toys and we let these utility trailers keep coming unhitched and kill our citizens. They even let you build your own with no knowledge on what you are doing so long as it is under the magic 3,000 pounds limit. Isn't that a gas?
Sincerely, Ron J. Melancon

Originally posted at InjuryBoard by Staff Writer

All I Want For Christmas Is a Toy That Won't Cause Brain Damage

Michael Phelan — Tue, 11 Sep 2007 16:46:31 GMT

Mattel has now announced its third recall in six weeks because certain toys were found to contain dangerously high levels of toxic lead paint. As with all of the 16 recalls of various toys this year, the products were made in China. Why? Because the cost of lead paint is up to 30% cheaper than non-toxic, lead-free paint. A sales manager at a Chinese toy company recently told a NY Times reporter that her company does use lead paint, but that it discloses this fact to its client (i.e., Mattel and other US companies). The sales manager said:

It depends on the client's requirement. If the price they offer make it impossible to use lead-free paint, we'll tell them that we might have to use leaded paint. If they agree, we'll use leaded paint. It totally depends on what the client wants.

One hopes that this statement is not true with respect to U.S. companies. Lead paint causes permanent brain damage in children. Can companies like Mattel really be turning a deaf ear when their Chinese manufacturers tell them that in exchange for the cheap cost of off-shore production, the manufacturer will have to use lead paint?

For more information on this subject matter, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Michael Phelan