Articles Posted in Defective Products

Merck & Co. says it will set up a $4.5 billion fund as part of its settlement agreement to resolved the majority of the personal injury claims and lawsuits that have been filed by thousands of plaintiffs who had heart attacks and strokes because they used the painkiller Vioxx. The settlement agreement applies to lawsuits filed in U.S. state and federal courts-ever since Merck withdrew the once-popular painkiller off the market.

In order for the settlement to go into effect, however, at least 38,000 of the plaintiffs who have filed lawsuits against Merck must sign the agreement and its terms. As part of the settlement, any law firm representing plaintiffs in a Vioxx claim or lawsuit must recommend the deal to all clients who are eligible for compensation from the settlement fund.

The settlement amount that a plaintiff can receive would depend on the extent of the plaintiff’s injuries and the amount of time that he or she took Vioxx.

A jury in Los Angeles says Dole Food Co. Inc. must pay six Nicaraguan farm workers $3.2 million dollars for injuries they say they sustained on the job over 30 years ago.

The six men say they became sterile because Dole used a banned pesticide at the plantations where they were employed. The injuries occurred in Central America.

The jury is back in court to determine whether Dole and Dow Chemical Co, a codefendant in the lawsuit, should be asked to pay punitive damages to punish them for wrongful actions.

Cargill Inc. says it is recalling over one million pounds of ground beef because of fears of E. coli bacteria contamination. Massachusetts, Maryland, Connecticut, New Jersey, Maine, Michigan, Ohio, New York, Virginia, and Pennsylvania are the 10 states affected by the recall. This is Cargill Inc’s second voluntary meat recall due to E. Coli concerns over the last few weeks.

Ground beef affected by this recall was produced by Cargill between October 8 and October 11 at its Wyalusing, Pennsylvania plant. The beef was sold at a number of retailers, including Weis, Giant, Stop & Shop, and Shop Rite.

The Agricultural Department found E. Coli O157:H7 in a beef sample that was produced on October 8, 2007. Cargill is working with the USDA Food and Safety Inspection Service to track down the million plus pounds of ground beef that could have been contaminated with E. Coli bacteria so they can be pulled from stores.

In early October, Cargill voluntarily recalled over 840,000 pounds of ground beef patties that were sold nationally at Sam’s Club stores because of contamination by the same strain of E. coli. One girl, 4-year-old Callie Gustafson, was hospitalized with E. coli after eating the ground beef. Her parents have filed a products liability lawsuit and claim their daughter sustained permanent injuries because of her illness.

The CDC says there are 73,000 reported E. coli cases every year. Around 61 of these cases result in fatalities. Around 2100 cases require hospitalization.

E Coli contamination of meat usually happens during the slaughtering process, when the feces and the testicles of the animal can end up coming into contact with the carcass. If the carcass isn’t sanitized, the E. Coli bacteria becomes mixed into the meat during the grinding process.

A meat producing company is required to make sure that all sanitation measures are followed so that E. coli contamination does not occur to the meat sold in the marketplace. If a person becomes sick because of eating the contaminated meat, he or she can file a personal injury lawsuit against the manufacturing company.

Cargill Recalls 1 Million Pounds of Beef, AP, November 3, 2007
E. coli O157:H7, About E. coli

Related Web Resources:

Sam’s Club recalls Cargill-made hamburgers in U.S., Reuters, October 6, 2007
E. coli, Centers for Disease Control & Prevention Continue reading

Makers of Dimetapp, Pediacare, Little Colds, Triaminic, Robitussin, and Tylenol are pulling their infant cold medicine products from stores. The medicine makers claim that the medicines are safe for use, but they were concerns that parents could misuse the medicines by accidentally overdosing their children. The voluntary withdrawal follows the Food and Drug Administration’s recommendation that all over-the-counter cold and cough medications for children younger than two years of age be banned.

The Consumer Healthcare Products Association also is recommending the ban. However, many medicine makers are continuing to manufacture and market these types of products and make them available in the market.

More than 800 over-the-counter pediatric medicines for coughs and colds are available. Before July 15, at least 41 million units had been sold in the U.S. While the industry claims that these medicines are safe when administered properly, others are worried that they could be dangerous.

Between 1969 and 2006, 114 children died from taking cough or cold medicines. Children also sustained injuries from taking too large a dose. However, one case at the Poison Control Center of the Children’s Hospital of Philadelphia reported four incidents of lengthy hallucinations by kids that had taken the recommended dose.

The FDA says there are 69 reported deaths of children who had taken antihistamines when they had runny noses. It also cited 54 deaths caused by decongestants sold over-the-counter. In Maryland, 900 children younger than four years of age reportedly overdosed on infant cough and cold medicine.

List of Medicines Pulled from the Marketplace:

Tylenol
• Concentrated Infants’ Drops Plus Cold & Cough • Concentrated Infants’ Drops Plus Cold
Robitussin
• Infant Cough DM Drops
Little Colds
• Multi-Symptom Cold Formula • Decongestant Plus Cough
Dimetapp
• Decongestant Infant Drops • Decongestant Plus Cough Infant Drops
Triaminic
• Infant & Toddler Thin Strips Decongestant Plus Cough • Infant & Toddler Thin Strips Decongestant
Pediacare
• Infant Dropper Decongestant & Cough
• Infant Dropper Decongestant • Infant Drops Decongestant • Infant Dropper Long-Acting Cough • Infant Drops Decongestant & Cough
Baltimore health commissioner Joshua Sharfstein says that it is unreasonable for medicine makers to claim that products are safe for use when taken as suggested because they don’t offer recommended doses for children younger than age two.

Side effects associated with over-the-counter medication can include irritability, sedation, allergies, and heart abnormalities.

Dr. Sanjay Gupta from CNN recommended that infants with coughs and colds be treated with saline nose drops, hydrators, chicken soup, vaporizers, and fluids.

Pharmaceutical companies are supposed to ensure that the over-the-counter and prescription drugs that they make for users are safe for use when taken properly. They are also supposed to provide proper instructions and warnings on their labels. Failure to do any of this can turn a common over-the-country medication into a dangerous drug and lead to injuries or deaths. The pharmaceutical company that manufactured the dangerous medication can be held liable for personal injury or wrongful death.

Makers pull cold medicines sold for infants, CNN.com, October 12, 2007
Makers Pull Infant Cold Medicines, New York Times, October 11, 2007

Related Web Resources:

FDA

Consumer Healthcare Products Association
Continue reading

Topps Meat Co. has expanded its initial meat recall from 332,000 pounds of ground beef products to 21.7 million pounds. This is one of the largest meat recalls to ever take place in the United States.

The meat company says that the meat being recalled may be contaminated with E. coli 0157:H7, a bacteria that can cause cramps, diarrhea, and other health problems. The U.S. Department of Investigation says it is so far investigating 25 reported illnesses that could be related to the Topps meat products.

Products being recalled include ground beef meat with a “best if used by date” or “sell by date” ranging between 09/25/07 to 09/25/08. The marking “Est. 9748” accompanies the meats’ USDA inspection mark.

Topps says it is working with state departments of health, the USDA, distributors, and retailers to ensure that consumers are safe and protected. The company also says that it is now involving food safety experts and microbiologists in the company’s quality control procedures. It is Topps first recall in its 65 years of business.

E. coli 0157:H7 infection can lead to abdominal cramps bloody diarrhea, non-bloody diarrhea, and fever. With children and older people, E. coli 0157:H7 can sometimes lead to hemolytic uremic syndrome, which can lead to kidney failure.

Food manufacturers, processors, sellers, distributors, and restaurants are legally obligated to produce, process, or serve foods that will not make a consumer ill. Food products must be free from contamination and-if prepared at a restaurant or grocery store-they must be properly prepared so that a person does not get sick or die from eating the food.

Failure to uphold these food standards can be grounds for a products liability claim or lawsuit against all negligent parties if injuries or deaths occur.

21.7 million pounds of meat recalled, CNN.com, September 29, 2007
Topps expands beef recall, CNN.com, September 29, 2007
Topps Meat Company LLC Expands Ground Beef Recall To Help Ensure Consumer Safety, Toppsmeat.com, September 29, 2007
Related Web Resources:

Topps

Escherichia coli O157:H7, CDC.gov Continue reading

The Us Consumer Product Safety Commission announced today that it is recalling over 300,000 Chinese-made toys and jewelry for children. The CPSC cited excessive levels of lead as the reason for the recalls.

Approximately 250,000 SpongeBob SquarePants journals and address books (that may have excessive levels of lead paint on their spiral/metal bindings) are part of the recall. The books were sold in the U.S. between June 2006 and July 2007.

Curious George and Thomas and Friends pails and spinning tops are also part of the recall due to concerns that their wood handles might have too much lead. About 4,700 pails and 66,000 spinning tops sold in the U.S. between July 2001 and July 2002 are included in the recall.

Approximately 7,900 Divine Inspiration charm bracelets for children (sold between August 2006 and May 2007) and almost 14,000 Toby & Me Jewelry sets are also being recalled because of concerns of excessive lead.

Lead is considered a very toxic metal especially for children, ages 6 and under. Lead poisoning, brain damage, learning disabilities, behavioral difficulties, seizures, and wrongful death can result from exposure to excessive levels of lead.

If you or someone you love becomes ill because of too much lead in a particular product, whether a toy, paint on the walls of a home, lead in soil or lead in drinking water, you may have grounds to file a products liability claim or a personal injury lawsuit against the party or parties responsible for the excessive levels of lead. A person whose loved one has died because of exposure to lead may also have grounds for filing a wrongful death lawsuit.

The Environmental Protection Agency offers valuable information about lead exposure and its health effects on children, including:

Lead is even more dangerous to children than adults because:
• Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them.
• Children’s growing bodies absorb more lead.
• Children’s brains and nervous systems are more sensitive to the damaging effects of lead.

If not detected early, children with high levels of lead in their bodies can suffer from:
• Damage to the brain and nervous system
• Behavior and learning problems (such as hyperactivity)
• Slowed growth • Hearing problems • Headaches

Lead Causes More US Recalls of China-Made Toys, Boston.com, August 22, 2007
Health Effects of Lead, Environmental Protection Agency
Related Web Resources:

Lead paint, magnets are latest concerns, Boston.com, August 15, 2007
U.S. Consumer Product Safety Commission
Continue reading

Mattel issued a recall today of its toys with small magnets and toys made in China that have hazardous lead paint. It is the toymaker’s second recall this month.

The world’s largest toymaker says it is recalling some 436,000 toys, including die-cast toy vehicles that feature the Pixar movie character “Sarge.” The toy vehicles were manufactured in China and are believed to have “impermissible levels of lead.”

In another recall action today, Mattel is recalling globally some 18.2 million toys with magnets. About 9 million of these toys were sold in the United States. The magnets are said to be powerful, can come lose easily, and choked on if swallowed. This recall follows an similar recall in 2006 after a number of children were critically injured or died after swallowing magnets from toys. Some 63 kinds of toys are included in this current recall, including a number of Batman toys, Polly Pocket toys, Barbie toys, and Doggie Day Care toys.

Mattel has apologized for the recall and says it is working with regulatory agencies, the Consumer Product Safety Commission, and retailers to take the recalled products off store shelves.

Earlier in August, Mattel recalled more than one million toys that were manufactured in China because they had dangerous levels of lead paint. Toys in this recall include a number of Dora the Explorer products and Sesame Street toys from Mattel’s Fisher-Price unit.

Toys are given to young children for the purposes of giving them pleasure or to educate or entertain them. Toys are often designated for their appropriate age group, so that children that are too young to enjoy or learn from a specific toy are not harmed unnecessarily because the pieces might be a choking hazard if swallowed or a toy requires the experience and skills of an older child.

It can be very traumatic for a child if he or she is hurt while playing with a toy. In instances where more than one child is injured or killed because a particular toy has proven dangerous or defective, a toy manufacturer might issue a product recall to have the toy removed from store shelves.

Toys with unacceptable levels of lead, flammable materials, excessively small pieces, or sharp pieces or edges can sometimes lead to serious injuries if not death.

The parents of a child that is hurt because of a dangerous or defective toy may have grounds to file a products liability claim or lawsuit to hold the manufacturer, distributor, or seller of a faulty product liable for the injury.

Mattel Issues New Recall of Chinese Toys, New York Times, August 14, 2007
Mattel Recalls 9 Million Toys in US, CNN, August 14, 2007
Related Web Resources:

Toy Hazard Recalls, U.S. Consumer Product Safety Commission
Toy Safety – Injury Statistics and Incidence Rates, Children SNYP.org
List of Toys in Mattel Recall, Forbes.com, August 14, 2007 Continue reading