Articles Posted in Defective Products

The Massachusetts Alcoholic Beverages Control Commission has banned the popular Four Loko beverage from store shelves. Massachusetts is the fifth state to ban the popular caffeinated drink-a move which is likely to be adopted by the other states in due time.

Made by Phusion Projects LLC, the alcoholic energy beverage contains guarana and caffeine and has grown in popularity. College kids have especially taken to Four Loco, which is inexpensive and considered potent. However, there have been growing concerns that the combination of alcohol and caffeine makes the drink a dangerous product.

Our Boston products liability lawyers want to remind you that if you or someone you love suffered serious injuries from drinking or eating a tainted or dangerous food product or beverage, you should explore your legal options as soon as possible. Many college campuses have already banned Four Loko. Recently, nine Central Washington University students (all teenagers) were hospitalized with blood-alcohol levels of .12% to 35% (a BAC of 30% is considered possibly deadly) after drinking the caffeinated malt liquor. One of the students almost died. Another group of students were hospitalized at St. Joseph’s University also after drinking Four Loko.

In an unrelated incident, Florida State University Jason Keiran’s family is suing Phusion Projects for his wrongful death. They claim that he shot himself because he drank three cans of Four Loco.

Elsewhere in the US, relatives of another young adult, 21-year-old Courtney Spurry, say she crashed her car after drinking Four Loko. Spurry died from her injuries.

The Food and Drug Administration has sent warning letters to the manufacturers of a number of alcoholic energy drinks. In November, Four Loko announced it would take out the stimulants and caffeine from their beverage.

Four Loko pulled from shelves in Wakefield, statewide, Wicked Local, November 28, 2010
Four Loko Lawsuit: Parents Claim Energy Drink Killed Son, ABC News, November 16, 2010
Four Loko caused death of 21-year-old Maryland woman, victim’s friends tell local television station, NY Daily News, November 12, 2010
Phusion Projects LLC

Related Web Resources:
FDA Warning Letter

Massachusetts Alcoholic Beverages Control Commission
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Toyota, which is facing hundreds of lawsuits in the United States related to unintended acceleration injuries, now needs to fix coolant pumps in 650,000 Prius cars for model years 2004-07. Of those cars, 390,000 are in North America, and 378,000 are in the United States. Since last year, Toyota has recalled 14 million cars across the globe, including 11 million in the United States, for problems like defective gas pedals, floor mats and braking.

The Prius is a hybrid car that switches between a gas engine and an electric motor. In the 2004-07 models, air can get trapped in the coolant pump and cause a malfunction or overheating of the core hybrid system. According to Toyota, no accidents related to the coolant pump have been reported yet. Toyota is calling the push for repairs a “customer satisfaction campaign,” as opposed to a recall.

Toyota will begin notifying United States Prius owners in December and will cover the cost of the repairs.

In recent weeks, a federal judge in California ruled that lawsuits filed after Toyota’s recalls could move forward, while Toyota continued to assert that plaintiffs could not prove that a design defect was to blame for unintended acceleration.

Overheated cars can cause dangerous breakdowns and other costly complications. Car manufacturers should make sure that their products are safe, and when they don’t, they can be liable. At Altman & Altman, we have a team of experienced products liability attorneys who would be glad to help you.

Sources:
MSNBC: Toyota to fix 650,000 Prius hybrids, over heat
MSNBC: California judge won’t dismiss Toyota lawsuits
The Boston Herald: Toyota fixing coolant pump in Prius globally
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A recent recall of DePuy Orthopedics, Inc.’s Sr XL Acetabular Hip Replacement and ASR Hip Resurfacing Systems products could impact the approximately 93,000 people that have been implanted with one of these medical devices. The recall was announced after the National Joint Registry reported that 1 out 8 patients that had undergone a hip replacement procedure with one of these DePuy products had to go through another procedure within five years.

FDA Adverse Event Reports notes that in just the last two years, the regulatory agency has received over 400 reports involving the DePuy ASR products. The issues appear to be caused by design defects that can result in hip failure or other complications, including bone fractures, dislocation of the implant parts, or the loosening of the hip implant. The metal particles from the implant can also shed into the body, causing other health issues, including bone and tissue damage.

Signs that you may be experiencing problems with your DePuy ASR hip replacement include:

• Hip swelling • Hip pain • Difficulties walking
Learning to use any kind of hip replacement product is challenging enough without compounding any difficulties with further problems that could result in a second surgery or other health issues. Many patients that use a DePuy hip replacement device are older and may be suffering from other health issues, which makes them more vulnerable to complications anytime they have to undergo surgery. Already, there are plaintiffs seeking products liability compensation for their DePuy hip replacement injuries. DePuy Orthopedics is owned by Johnson & Johnson.

You may have a Boston products liability case on your hands
DePuy Orthopaedics Voluntarily Recalls ASR(TM) Hip System, Johnson & Johnson, August 26, 2010

Related Web Resources:
ASR Hip System Recall Guide, DePuy
Hip Replacment
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