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Personal Injury Law

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Last Entry: May 20, 2010 at 14:17:20

Provision In Obama's Spending Bill Strengthens Chemical Disclosures

Posted on April 03, 2009
In a little-noticed provision of President Obama's spending bill, companies will now have to provide more detailed disclosure of the toxic chemicals they release into the environment. This measure overturns a 2006 regulation passed by President Bush that eased the requirements for almost six hundred chemicals and will affect oil refineries, chemical manufacturers, automakers and electronic manufacturers nationwide...

Researcher Alleged to Have Ensured Positive Results To Drug Makers

Posted on April 03, 2009
According to court documents, an influential child psychiatrist at Harvard University, told drug maker Johnson & Johnson that planned studies of its medications in children would produce results that would benefit the company. The psychiatrist outlined his plans to test the company's drugs in presentations made to Johnson & Johnson's executives...

Tattoos, Nicotine Patches And Other Medical Devices May Pose Problem During M.R.I.s

Posted on March 31, 2009
Federal health officials warn that patients who wear nicotine or other drug patches during M.R.I. scans may get burned due to the machine's huge magnet that can heat tiny metal elements found in the patches. Not all patches contain these aluminum elements...

Medical Device Bill To Be Introduced Following Recent Supreme Court Decision

Posted on March 31, 2009
Democrats in Congress are moving to overturn a Supreme Court decision that allowed medical device manufacturers to be shielded from lawsuits after the Supreme Court Justices recently decided drug makers should not receive the same protection. Last Wednesday, the Court ruled against Wyeth's contention that it should not be subject to lawsuits in state courts for Phenergan, its anti-nausea drug, because the Food and Drug Administration (FDA)approved the medication...

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Massachusetts High Court Rules Non Profit Soccer Programs Immune from Liability

Posted on March 23, 2009
Massachusetts' highest court, the Supreme Judicial Court, has ruled that a young boy, whose leg was broken when a soccer goal post flipped over, cannot sue nonprofit youth soccer associations for negligence. The incident occurred in 1998, when twelve-year-old Dustin Welch was hurt when a goal tipped over and struck his right leg...

SlyDog Retractable Dog Leash Recalled

Posted on March 22, 2009
A retractable dog leash, made by SlyDog, has been recalled after it recoiled unexpectedly and partially blinded a young girl. Dereka Williams was walking her pit bull terrier puppy when the leash broke, recoiled back and struck her in the eye, tearing her retina...

Recent Supreme Court Ruling Bring Back Issue of Medical Devices

Posted on March 21, 2009
The U.S. Supreme Court recently ruled that consumers can sue drug makers for defective warnings, though earlier ruled consumers cannot sue medical device manufacturers if the device was FDA approved. This seemingly contradictory ruling claims federal law does not protect drug companies from product liability suits in state courts, though it earlier decided federal law prevents lawsuits against the manufacturers of such medical devices as heart stints and artificial joints...

NHTSA Did Not Release Children's Car Seat Crash Data

Posted on March 13, 2009
Out of sixty-one infant car seats tested, thirty-one flew off their bases or exceeded injury limits in a series of frontal car crashes conducted by federal researchers using 2008 model year vehicles. These test results, however, were never published and some infant car seat manufacturers were unaware of their existence...

Despite Complaints, FDA Did Not Timely Inspect Syringe Plant

Posted on March 12, 2009
AM2PAT Inc., a North Carolina syringe factory, operated for two years without any type of inspection, despite several complaints that its needles were dirty or filled with colored particles. Court documents in the case show the Food and Drug Administration (FDA) only suspected the plant in 2007 after an outbreak of illness was reported by the Centers for Disease Control and Prevention...

New Food Safety Bill Introduced In Senate

Posted on March 11, 2009
In the Senate this past Tuesday, food-safety legislation, called the Food and Drug Administration (FDA) Food Safety Modernization Act, was introduced, which would give the FDA new power to order recalls and open companies' internal records for inspection...

Manufacturer of Lexapro - Forest Laboratories - Accused of Fraud

Posted on March 11, 2009
The Justice Department has charged drug manufacturer Forest Laboratories with defrauding the government of millions of dollars after it, allegedly, illegally marketed popular antidepressants Lexapro and Celexa for unapproved uses in children and teenagers...

Maytag Recalls Refrigerators That May be Serious Fire Hazard

Posted on March 11, 2009
Maytag is issuing a recall this week for approximately 1.6 million refrigerators sold from January 2001 thorugh January 2004 at department, applicance, home builder stores. Affected models include Jenn-Air, Amana, Admiral, Magic Chef, Maytag, Performa, and Crosley side-by-sides and top freezer refrigerators...

Congressmen Push To Nullify Supreme Court's Medical Device Decision

Posted on March 03, 2009

Number of Hospital-Acquired Drug-Resistant Bacteria Growing

Posted on March 02, 2009

South Carolina Legislation May Eliminate Jury's Right To Decide Punitive Damages

Posted on March 01, 2009

Lawsuit Filed for Disclosure of Cleaning Product Chemicals

Posted on March 01, 2009

Peanut Recall Needed Company Approval - FDA Has No Teeth

Posted on February 24, 2009
Although a criminal investigation has begun regarding whether or not the Peanut Corporation of America deliberately sold contaminated products, the federal government still needed the company’s permission prior to announcing a huge recall of its products...

Checklists Lower Hospital ICU Infection Rates

Posted on February 23, 2009
Hospital-acquired infections originating from tubes and catheters inserted into the body have long been accepted as the norm in intensive care units. These infections include ventilator-associated pneumonia, related to a tube lodged in the windpipe to assist in breathing, urinary tract infections, related to a catheter inserted into the bladder to drain the urine, and bloodstream infection, related to a catheter threaded in the veins reaching the upper chamber of the heart...

Judge Rules CPSC Must Correct Loophole Regarding Hazardous Chemical

Posted on February 22, 2009
A judge has recently ruled that the Consumer Product Safety Commission (CPSC) may not allow toys containing toxic manufacturing chemicals to remain on shelves after a ban goes into effect on February 10, 2009. The judge said the commission, whose purpose is to protect the American public, must correct a loophole that allows substances to remain in toys made before the ban...

U.S. Supreme Court to Hear Judicial Election Case

Posted on February 22, 2009
The United States Supreme Court is set to hear a case that could change the way judicial elections are conducted and the way cases are heard in the 39 states that elect at least some of their judges. In 2004, Don L. Blankenship spent $3 million on advertisements attacking a justice of the West Virginia Supreme Court who was seeking reelection...

FDA Committee Advises Ban on Painkiller Drug Darvon

Posted on February 16, 2009
An FDA advisory committee recommended a ban on Darvon, a prescription painkiller that has led to addiction and suicide. The committee voted 14-12 that Darvon’s risks outweigh its benefits, said FDA spokeswoman Karen Riley. The FDA is not required to follow its committees’ recommendations, but it often does...

Insulin Pen System In Beaumont Army Medical Center May Have Caused Blood-borne Disease

Posted on February 15, 2009
Beaumont Army Medical Center, in Fort Bliss, Texas, has contacted 2,114 diabetes patients who have been treated at the hospital since August 2007 because they may be in danger of developing such blood-borne diseases as HIV or hepatitis. At the center, diabetes patients are treated with insulin injection pen systems that are designed with a reservoir of insulin for multiple uses on a single patient...

Peanut Salmonella Outbreak Reveals Inspection and Regulatory Problems

Posted on February 15, 2009
The salmonella outbreak which occurred at the Georgia peanut plant Peanut Corporation of America (PCA) has caused eight deaths and sickened almost 19,000 people in 43 states. While the company, based in Lynchburg, Va., is under criminal investigation, the outbreak identifies a broader problem with thestate and federal regulatory system currently in place...

Pfizer Lawsuit by Nigerians Over Drug Tests May Go Forward

Posted on February 15, 2009
A lawsuit against Pfizer for allegedly testing a new drug without the patients’ consent may go forward, said the U.S. Court of Appeals for the Second Circuit. The divided ruling allows 88 Nigerian families to pursue their claim against the drug manufacturer under a 1789 law that gives foreigners the right to tort claims in federal courts for violations of the "law of nations...

FBI Raids Peanut Company Headquarters; Second PCA Plant in Texas Closes after Positive Tests for Salmonella

Posted on February 11, 2009
FBI agents executed search warrants at Peanut Corporation of America’s Georgia plant and its headquarters in Lynchburg, Virginia on Monday. The company has been linked to a salmonella outbreak involving eight deaths, hundreds sickened and a recall of more than 1,550 products...

Investigation Regarding Salmonella in Peanut Products Continues to Rise

Posted on February 10, 2009
Federal health investigators have, in the past weeks, recalled more than 125 products in a salmonella-and-peanuts investigation that keeps getting bigger. The list of products ranges from cookies and ice cream to energy bars; even some dog treats are being recalled...

Dangerous Drug-Resistant Staph Germ (MRSA) Rising in Children ENT Infections

Posted on February 09, 2009
Researchers have found an alarming increase in the number of children’s ear, nose and throat infections nationwide, which are caused by dangerous drug-resistant staph germs, nicknamed MRSA. These infections can include ear and sinus infections, and abscesses that can form in the tonsils and throat...

New Mexico Company Warns 2,000 People Of Possible Beryllium Exposure

Posted on February 08, 2009
Los Alamos National Laboratory, located in New Mexico, has issued letters notifying about 2,000 current and former employees, as well as guests, that they may have been exposed to beryllium in the lab, which may put them at risk for disease. Concern over possible exposure to the metal, which is purified for use in nuclear reactors and weapons, was raised in November after a box containing beryllium was received at the laboratory’s short-term storage facility...

Pharmaceutical Drugs Produced Abroad Worry Experts and Legislators

Posted on February 08, 2009
In 2004, Bristol-Myers Squibb, the last plant in the United States to manufacture key ingredients for important antibiotics like penicillin, announced it would close its factory in East Syracuse, New York. Few people worried about the effect this would have on national security at the time since most of the focus was on job loss...

Class-Action Lawsuit Filed in China Against Companies Involved in Melamine Scandal

Posted on February 03, 2009
A class-action suit was filed in China against 22 dairy companies seeking compensation for the deaths and illnesses of hundreds of children caused by milk tainted with melamine. Product liability suits and class-actions are extremely rare in China, where the ruling Communist Party discourages the filing of lawsuits with multiple plaintiffs because it could disrupt social stability...

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