Product Liability Lawyer Blog

April 29, 2016

Researchers: Actos Linked to Bladder Cancer

Actos is a medication used to treat patients with type II diabetes by keeping their blood glucose levels down. The medication is a member of a class of drugs, but only Actos seems to be linked to an increased risk for developing bladder cancer according to a recent news feature form UPI. There is another drug in the same class of medications known as Avandia (brand name for rosigilatazone), but that drug, while chemically similar, does not appear to cause any increased risk of bladder cancer, as is the case with Actos. While it is normally an entire class of medications that has the common trait which causes a disease or other adverse health event, it is not unheard of for the problem to be drug specific, as is the case with Actos.

An example of an entire class of drugs that has been shown to cause serious health consequences is known as New Oral Anticoagulants (NOACs) like Eliquis, Xarelto, Savaysa, and Pradaxa. Continue reading

April 27, 2016

A Look at Total Knee Replacement Options

by Jeffrey S. Glassman

There is no question that more people are getting total knee replacements than ever before. However, unlike with an organ transplant, when a patient undergoes the procedure, they are not getting a joint from a donor, but rather having an artificial knee implanted. This artificial knee has been manufactured by one of a few medical device companies.

When a patient goes to their doctor and is told they will need to have a total knee replacement, the surgeon will typically tell a patient what type of device he or she would like to use and get an informed consent for the use of that particular type or model or artificial knee. In the past, doctors just stated their preference and patients went along with that. Today, doctors are more commonly explaining the different types of artificial knees and having the patient make a choice. One of the possible reasons for this is because of the problems they have seen with defectively-designed artificial knees. Continue reading

April 23, 2016

Class Action Lawsuit Filed Against Old Spice Makers for Serious Rash

by Jeffrey S. Glassman

There are many different brands of deodorant on the market, and some work better for some people than others. Most have tried a product that caused a little bit of irritation or a minor rash at some point in their lives, but it is rarely a very serious issue. However, according to a recent news feature from WEARTV, this is not always the case.

Consumers have filed a class action lawsuit against Proctor & Gamble, which is the maker of Old Spice deodorant. According to the complaint filed in federal court, thousands of users of P&G products have suffered chemical burns and serious rashes that literally cause the skin to fall off victims’ armpits after using the product. Continue reading

April 18, 2016

Lead Poisoning and Learning Disabilities

by Jeffrey S. Glassman

We have been hearing a lot about led poisoning in connection with the environmental disaster and public health crisis in Flint, Michigan as result of the poisoned water supply that has been discovered. However, Flint is not the only place where lead is a problem. In some cases, lead poisoning can be a result of contaminated water, and in other cases, it can be the result of a defective or dangerous product that contains lead or lead-based paint.

While lead poisoning can harm individuals of any age, children are often the most a risk. The reason for this is because the lead particles enter a patient’s bloodstream at a young age when the brain and nervous system is still being developed, and this can result in serious developmental disorders and learning disorders. A recent article from The Atlantic deals with this issue. In that article, the lead poisoning is a result of a potential case of widespread lead contamination in Newark, New Jersey schools. Continue reading

April 15, 2016

Dehumidifier Fires and Burn Risk Prompt Record $15.45M Penalty Against Manufacturer

by Jeffrey S. Glassman

The China-based Gree Electric Appliances Inc. and its partners have agreed to pay a $15.45 million civil penalty after U.S. regulators alleged the company’s dehumidifiers posed a fire and burn risk to consumers and the company failed to warn them or take immediate action to remedy the problem.

Gree manufactured and sold some 2.5 million dehumidifiers at big name stores throughout the country under more than a dozen different brand names. But when the company learned that its units were posting a fire and burn risk, it failed consumers and regulators on several fronts. Among those:

The company intentionally failed to report a defect and the unreasonable risk of severe injury to the U.S. Consumer Product Safety Commission (CPSC) right away within 24 hours as required under federal law.
The company intentionally misrepresented key facts to investigators with CPSC as they were delving into the reported issues.
The company sold these products indicating they were UL safety certified, despite the fact it was known these products did not meet the basic UL flammability standards.

The devices were sold under highly-recognized brand names, such as GE, Kenmore, Frigidaire and Soleus Air. Continue reading

April 13, 2016

Zarick v. Intuitive Surgical Inc. – Defective Robotic Surgery Machine Caused Serious Injury Says Plaintiff

by Jeffrey S. Glassman

Robotic surgery nearly killed her. That’s what plaintiff in Zarick v. Intuitive Surgical Inc. alleges in her $300 million product liability lawsuit. Although she survived, she suffered enormous physical pain and suffering and mental and emotional distress. She experienced the horror and agony of her intestines prolapsing through her vagina. She endured a life-threatening second surgery to repair the damage. Her internal injuries were significant, permanent and have all but annihilated her sexual relationship with her husband.

“It forever changed my life for the worse,” she told a reporter in 2013, four years after she had undergone hysterectomy surgery with the assistance of the Da Vinci robotic surgical system.

Her case is the first of many pending against the robotic surgery manufacturer, Intuitive Surgical, Inc. The 44-year-old alleges she underwent the surgery to address bleeding caused by benign cysts. She said she was convinced by her doctor to undergo the procedure because it was minimally invasive and, she was told, one of the safest and most effective ways to treat her condition. Continue reading

April 12, 2016

G.M. Settles Faulty Ignition Switch Lawsuit

by Jeffrey S. Glassman

Facing hundreds of personal injury product liability lawsuits over defective ignition switches, General Motors this year has faced down the first of thousands of these cases. Surprisingly, the company thus far has been fairly successful. The first three cases ended in their favor, with two of them dismissed (one after plaintiff was deemed not credible) and a third following a trial in which jurors decided the vehicle in question was defective and unreasonably dangerous, but it wasn’t the cause of plaintiff’s injuries.

Now, the company has chosen for the first time to settle one of these bellwether cases. That’s critical here because it could well determine how the company proceeds with other pending product defect lawsuits – particularly those that ended in fatality.

The auto manufacturer has recalled some 2.6 million of its small cars with the faulty ignition switch issue, which causes power to be suddenly cut from a moving vehicle. Not only is that especially dangerous because it causes a driver to lose control of the vehicle, it also shuts down critical safety systems, like airbags and brakes. Continue reading

April 10, 2016

Nester v. Textron, Inc. – Defective Equipment Lawsuit Ends in $16M Verdict for Plaintiff

by Jeffrey S. Glassman

A Texas woman was awarded nearly $16 million against a Rhode Island company after she became quadriplegic after a utility vehicle ran her over while she was working on her family’s farm.

The $15.8 million verdict is reportedly the highest personal injury damage award doled out in the federal U.S. Western District of Texas, though plaintiff will reportedly only receive about half of that due to a finding of 50 percent contributory negligence. Based on Texas’ modified comparative fault with a 51 percent bar (the same standard used in Massachusetts), that was almost enough to prohibit collection of any damages at all.

According to court records in Nestor v. Textron, Inc., the accident involved a vehicle called the E-Z-Go Workhorse cart. It looks something like a golf cart, but it’s designed to haul material. It was December 2011 and plaintiff was working alone on the ranch, using the vehicle to help her with feeding and moving livestock around the property. Plaintiff alleges that she stopped at a gate to open it. She took her foot off the accelerator, which stopped the engine. However, as she was opening the gate with her back to the vehicle, one of the cubes of cattle feed fell onto the acceleration pedal. The engine started. The vehicle thrust forward. The force knocked her to the ground and the vehicle ran her over. As a result, she is now paralyzed from the neck down. Continue reading

April 8, 2016

Hip Replacement Surgery for Younger Americans

by Jeffrey S. Glassman

When we think of hip replacement surgery we are typically think of senior citizens. For the most part, that is who is getting hip replacement surgery. However, as discussed in a recent article from Fox News, younger are people are getting a total hip replacement much more often than they have been in the past.

One patient interviewed as part of this article was man in his 40s who had been experienced tremendous pain in his hip. He had always lived what we would consider an active lifestyle and would run and engage in sporting activities on a regular basis. When he went to his doctor to see what was wrong was him, his doctor apparently explained that he is excellent health for the most part, yet he has the hips of man 30 years older that he actually is. Continue reading

March 31, 2016

FDA to Look at Animated Characters in Drug Ads

by Jeffrey S. Glassman

Many people have seen the recent advertising campaign for Xifaxan, which features what can only be described as an anthropomorphic intestine with a happy face as part of their new commercials. This is similar to Lunesta using a magical butterfly. Now the makers of Pradaxa using animated red goldfish to sell their drug.

Now, recent news feature from BioPharmaDive, discusses how the United States Food and Drug Administration (FDA), is beginning to look into whether this may lead potential drug users into not taking risks seriously because they are being presented with a lovable cartoon character when being told about the risks.

This is of course in addition to the fact that they have a very soothing voice describing serious and possibly deadly medical conditions in way that almost makes them sound like good things. Continue reading