Panama City Florida Injury Lawyer Blog

The following is a guest post from Rick Console, a New Jersey personal injury attorney from Console and Hollawell, PC.

As car manufacturers become more competitive with one another, they are rolling out cool new features while also ensuring that standard features, such as engines and transmissions, steering, and braking, are well up to par. The fact is it's difficult to buy a bad car these days. But that doesn't mean it can't be done.

Forbes recently developed a list of vehicles to avoid, based on ratings from J.D. Powers & Associates surveys. For the most part, the vehicles that made this list had new technologies or features that, while intending to make the life of the driver easier, simply introduced new problems and issues. So, these manufactures earn an A for effort, D for execution. If you're interested in one of these vehicles, you might want to wait until the kinks are ironed out. The cars that made Forbes list include:

1. Jeep Liberty/Dodge Nitro. A rough ride, underpowered transmission, and poor interior comfort gave this vehicle bad grades. In addition, customers were displeased with one of the vehicle's options, a unique sliding canvas roof.
2. Chevrolet Colorado/GMC Canyon. These smaller pickups are okay for recreational use, but buyers found the five-speed transmission crude in everyday use.
3. Nissan Armada. This incredibly large vehicle is outdated and outclassed by smaller crossover vehicles. Plus, its size makes it a real nightmare to parallel park.
4. GMC Sierra/Chevy Silverado 2500. These are great if you want to tow 17,500 pounds, but less than ideal when tooling around town. If you're transporting horses, this could be the vehicle for you, otherwise it got rough ratings for everyday use.
5. Dodge Caliber. Customers noted that its continuously variable transmission (CVT) was unresponsive and whiny, and that the interior was dull and cheap. With many other crossover wagons offering style, sophistication, and performance, this is one wagon not to consider.
6. Nissan Titan. Despite the large cash rebate offered to buyers, this full-sized pickup truck just doesn't get the performance ratings of its American competitors.
7. Smart ForTwo. It's a good idea and has terrific fuel economy, but this tiny vehicle simply doesn't have the performance to make up for it. Buyers say the transmission is slow and sloppy, and also claim that the premium gas it requires negates its good gas mileage.
8. Kia Sedona. It's not necessarily a bad choice, yet lags a bit in performance and sophistication, not to mention family-friendly technology that makes minivans competitive.
9. Volvo XC90. This luxury crossover is hard to handle and steer, and the 3.2-liter engine takes a while to get a vehicle this heavy up to speed. While the third-row seat sounds like a good idea, it's difficult to access and only comfortable for smaller children.
10. Mercedes Benz R-Class. The performance is sufficient and the interior is okay, but it certainly doesn't live up to the hype--or price--of a luxury minivan.

Continue reading "Avoid These Lemons" »

Takeda Pharmaceutical Company is Asia's largest drugmaker. It may also be the recipient of the largest number of lawsuits in history over a drug. It makes Actos, a diabetic drug. Actos may also cause bladder cancer as alleged in hundreds of lawsuits proceeding across the country. Now, as more suits are filed, these cases may be consolidated into one legal proceeding very near to us.

U.S. regulators in June found that a Takeda sponsored study showed that some users of Actos faced an increased risk of developing potentially fatal bladder cancer. Claims against the manufacturer are being processed every day, and those investigating Actos say that the evidence is unusually clear and strong for causation of cancer.

Takeda Pharmaceutical pulled the drug off the market in Germany and France earlier this year. Actos has been marketed in the U.S. by Eli Lilly & Company of Indianapolis. Some Actos users who have gotten bladder cancer say, "If we had known what it would cause, we would have taken other drugs that are out there to treat diabetes, drugs that don't cause cancer." Proof of Actos' causation of cancer may be easier than proof of causation in most drug cases, because bladder cancer is generally considered to be a signature injury of a drug. Translating this medical-legal jargon, that means that bladder cancer rarely results from anything other than Actos. Certainly, it occurs but not often.

Few things other than Actos cause bladder cancer. In contrast, many things cause strokes or heart attacks. Unfortunately for Takeda, there is mounting evidence that Actos is responsible for heart attacks and strokes, too. Takeda is about to face a very bad time. What is behind the plethora of drug product liability cases in the world? Take, for example, Vioxx, Avandia, and many others. Now Actos. Some say greed on the part of manufacturers rushing drugs to market. We will see.

Most hip implant surgeries are uneventful, but last week I told you about problems associated with one brand of hip implants often used by orthopedic surgeons in this area and promised to go into more detail this week. Hip replacements are usually done to cure the pain of painful arthritis that occurs naturally or after trauma like that experienced in auto accidents. One manufacturer has had considerable trouble with its implants because of the way they are made.

Depending on where you come from its name is pronounced "De-pwee" or "De-pie." Either way, it's a Johnson & Johnson company whose product is a metal on metal design that has a cup that's too shallow for the ball. The result is loose fragments of metal floating in the joint and loosening of the implant. The loosening and the metal fragments cause damage that often result in another painful and very costly surgery to replace the DePuy implant with a better designed implant.

Patients who have the DePuy ASR or ASR XL models can have crunching or popping noises in the hip, difficulty standing or walking, hip fracture or dislocation, unusual fatigue, muscle inflammation or infection, and death of some of the muscle tissue around the implant.

That's not the whole story. Excessive friction between the metal cup and the metal ball release cobalt and chromium ions into the body causing, among other things, heavy metal toxicity or aseptic lymphocytic vasculitis associated lesions resulting in bone loss. Metallosis causes its own unpleasant consequences. Among them are spontaneous dislocation, nerve palsy, groin and thigh pain, fatigue, and intense pain at the site of the hip replacement.

An orthopedic center at the University of Oxford, England, found that benign tumors called pseudotumors can form around the hip prosthesis. Additionally, progressive bone deterioration is not uncommon. Metalosis can also result in muscle necrosis, that is, muscle death, around the site of the surgery. The release of metal ions in the blood stream, caused by the metal on metal construction of hip implants, is of great concern due to potential long term toxicology including immune system changes, chromosomal damage, and cancer according to researchers at Cambridge University. It is known that the metal ion levels from this type of prosthetic design are significantly higher than normal values in the body, and changes in the immune system to cobalt and chromium ions were in fact detected by researchers at the Rush University Medical Center in Chicago. Surgery for a fractured thigh bone or other bones and accelerated future revisions nearly completes the list of problems, so if you have one of these implants and are having any adverse symptoms, it is in your best interest to consult with your orthopedic surgeon as soon as possible.

Hip implants are routinely done these days to counteract the painful effects of arthritis. What was unusual until recently was the failure of the implants. They usually perform admirably. However, enter DePuy, a Johnson and Johnson company, and things changed. It engineered, manufactured, and promoted a hip implant that has been a catastrophe.

This is not unlike the situation with drugs and other medical devices that were inadequately tested before they were put on the market or that the manufacturers delayed recalling after learning their products were dangerous. In the case of the DePuy hip implants, which are identified as the DePuy ASR and the DePuy ASR XL models, the problems are so bad that people who have gotten those implants are having to get another surgery to replace the defective implants.

The cost of replacement is many thousands of dollars, and the unfortunate victims of DePuy's and Johnson and Johnson's carelessness experience a great deal of pain with the corrective surgery. Unfortunately, those problems are merely the tip of the iceberg. The DePuy implants are constructed of 2 parts, a metal ball and a metal socket. That is, they are metal on metal implants. Other implant manufacturers make metal to polyethylene implants. The difference is significant. Early metal on metal designs of the 1950s and 1960s were encouraging in terms of stability and low wear but, as a whole, didn't meet expectations for design and manufacturing reasons irrelevant to their problems today.

As the early manufacturing difficulties were resolved, their popularity again increased in the mid-1990's, but a DePuy implant is different from other metal on metal implants. The DePuy design has an obvious design defect. The cup is too shallow for the ball. What happens as a result? According to researchers who presented papers at the 2010 meeting of the American Academy of Orthopedic Surgeons, three serious negative events occur with metal on metal systems when the cups are too small. They are production of a higher amount of metal ions in the joint, an increased failure rate of implants due to the additional metal debris there, and less tolerance to suboptimal positioning of the implant by the surgeon. Hundreds, maybe thousands of these implants that were just recalled by DePuy a few months ago, are being worn by total hip replacement patients in this area now. This is of concern not only because of the profound pain they can cause but also because of grave health problems that can be caused by the metal ion release of the metal on metal construction. I will give you those details next time. In the meantime, if you want more information about what to do if you have one of these implants, call or email me.

Every year, without exception, we hear about tort reform as legislative and congressional sessions approach. Should we applaud or fear? I'll give you my perspective and some examples. I admit my leanings against tort reform, because I have been a personal injury attorney representing badly hurt people for many years. As a result of that experience, I have also been privy to the huge abuses of those huge corporations called insurance companies. They are the AIG's of our world. When AIG was bailed out by our government from financial ruin, it was known to be so bad that it had to change its name. Let's reveal it. Now, it's known as Chartis Insurance.

Back to the question, should we applaud or fear the cries by some legislators for tort reform? Well, let's go beyond the recent Toyota unexpected acceleration claims to the more recent broad spread salmonella infections from contaminated eggs. It's now recognized that the egg farms' practices were despicable. Feces, rats, and every other known form of contamination were present. It's no wonder that people across this country got deathly sick.

Regulation is crucial to a level playing field for consumers, particularly in this era of growing corporate power. However, regulation alone has never been enough. Consumer agencies like the FDA, the Consumer Product Safety Administration, and the National Highway Traffic Safety Administration have been swamped by huge workloads. They cannot keep up. Furthermore, lobbyists for the corporations are skilled at weakening and fending off regulations that would protect consumers. Against this, for example, the FDA's caseload by the mid-2000s extended to more than 11,000 drugs, over 100 new drugs a year, and products spanning medical devices to vaccines. It cannot do everything.

Another example of the inability of government alone to thwart, prevent, or obtain compensation for bad products that are rampant in the market is that during last month, I was a leader in obtaining a settlement of millions of dollars in a case, because the government was unable to regulate the manufacturers of the product, guarantee the safety of people exposed to it, or get compensation for the injured people. As a result of the inability of government to ensure safety, consumers are increasingly left with the courts not only to compensate them when the regulatory system fails to protect them but also to deter manufacturers from cutting corners in the future.

The annual tort reform crusade by manufacturers weakens our efforts for public safety. Strong product liability laws remain vital to public safety and health, no matter how passionate the political debate on tort reform.

Please read the press release published if you have children or grandchildren and have given them any of the medicines listed in the article. Also check your medicine cabinets to see if you have any of these medication on hand. For your families safety, follow the FDA advise and stop using these medications as a precaution. For more information, call the number listed at the bottom of the article.

The Associated Press
Saturday, May 1, 2010
WASHINGTON -- The Food and Drug Administration said Saturday it was investigating a health-care company for possible other problems following its recall of more than 40 over-the-counter infant's and children's liquid medications.

McNeil Consumer Healthcare, based in Fort Washington, Pa., issued the voluntary recall late Friday in the United States and 11 other countries after consulting with the FDA. The recall involves children's versions of Tylenol, Tylenol Plus, Motrin, Zyrtec and Benadryl, because they don't meet quality standards.

The FDA said it was reviewing procedures at McNeil, which appears to be the sole source of the problems. "We are following through with the facility to make certain that everything has been checked," said FDA spokeswoman Elaine Gansz Bobo.
According to McNeil and the FDA, some of the products recalled may have a higher concentration of active ingredient than is specified on the bottle. Others may contain particles, while still others may contain inactive ingredients that do not meet internal testing requirements.

The FDA called the potential for serious medical problems "remote," but it advised consumers to stop using the medicine as a precaution. It said a health care professional should be consulted if a child has recently taken any of the recalled products and is exhibiting unexpected symptoms.

The FDA also says parents in the interim should consider substitute child medications, such as generic versions. It does not recommend that children be given adult-strength Tylenol or Motrin because they are not intended for younger age groups.
The medicines were made and distributed in the United States, and exported to Canada, the Dominican Republic, Dubai, Fiji, Guam, Guatemala, Jamaica, Puerto Rico, Panama, Trinidad and Tobago and Kuwait.

Details are available by telephone at 1-888-222-6036 or on the Web at www.mcneilproductrecall.com.

About a million cribs made by Simplicity Inc. were recalled by the US Consumer Product Safety Commission (CPSC) due to a potential for entrapment and suffocation to infants. The recalled cribs were sold between January 1998 and May 2007 and include the models Simplicity Aspen 3 in 1, Aspen 4 in 1, Pooh 4 in 1, Crib N Changer Combo, Nursery in a Box, and Chelsea. There were also several crib models sold under the Graco logo including Aspen 3 in 1, Ultra 4 in 1, Ultra 5 in 1, Trio and Whitney.

The USPC determined the drop-side can detach from the crib creating a dangerous gap leading to potential entrapment and suffocation of infants. Unfortunately, because of this crib hazard, there have been several deaths and many injuries. Due to the crib design, some parents are installing the drop-side upside down, causing it to eventually detach from the crib end.

If you have one of these crib models, review the CPSC recall alert to learn how it can be fixed and how to go about it, which may include a free repair.

Continue reading "US Consumer Product Safety Commission Issues Crib Recall" »

The US Consumer Product Safety Commission (CPSC) in cooperation with Graco, a major stroller manufacturer, has recalled about 1.5 million strollers because of the risk of finger amputations and lacerations to children. The recall includes several travel systems and models of strollers made by Graco Children's Products.

The fingertip amputation risk is in the area surrounding the hinges on the product's canopy when it is opened and closed. Graco received reports of injuries to children when they put their fingers in the stroller canopy hinge mechanism, including five fingertip amputations and two lacerations.

The CPSC has advised consumers to stop using the recalled strollers and to contact Graco immediately to receive a free protective cover repair kit.

The recalled strollers and travel systems were sold at many retail stores including Babies "R" Us, Toys "R" US, Kmart, Wal-mart, Target and Sears.

To stay informed of other product recalls, visit the US Consumer Product Safety Commission website or visit the LINKS page of my website. Injuries from dangerous and defective products, resulting in product liability cases, has been a focus of my personal injury practice in the Panama City, Florida, area and nationwide for many years.

It was reported on TODAY-MSNBC.COM alerting consumers of the fire dangers associated to women's robes purchased through Blair, Inc. If you or a family member has purchased such apparel, please read this article.

For Immediate Release: June 16, 2009

Media Inquiries: Siobhan DeLancey, 301-796-4668,
Consumer Inquiries: 888-INFO-FDA
The U.S. Food and Drug Administration today advised consumers to stop using three products marketed over-the-counter as cold remedies because they are associated with the loss of sense of smell (anosmia). Anosmia may be long-lasting or permanent.

The products are:

• Zicam Cold Remedy Nasal Gel
  
• Zicam Cold Remedy Nasal Swabs
  
• Zicam
  
• Cold Remedy Swabs, Kids Size (a discontinued product)
  

The FDA has received more than 130 reports of loss of sense of smell associated with the use of these three Zicam products. In these reports, many people who experienced a loss of smell said the condition occurred with the first dose; others reported a loss of the sense of smell after multiple uses of the products.

Loss of sense of smell is a serious risk for people who use these products for relief from cold symptoms," said Janet Woodcock, M.D., director of the FDA's Center for Drug Evaluation and Research (CDER). "We are concerned that consumers may unknowingly use a product that could cause serious harm, and therefore we are advising them not to use these products for any reason."

People who have experienced a loss of sense of smell or other problems after use of the affected Zicam products should contact their health care professional. The loss of sense of smell can adversely affect a person's quality of life, and can limit the ability to detect the smell of gas or smoke or other signs of danger in the environment.

Continue reading "FDA Advises Against Certain Zicam Cold Remedies" »

The FDA continues to investigate the Salmonella outbreak related to Peanut Butter products.

The FDA has identified the products affected. Continue to check the FDA website for an update of the investigation and the complete list of peanut butter products recalled.

CHIPLEY
Five Chipley residents filed suit Friday against the creator and distributor of a nutritional supplement called "Total Body," which they say caused bodily injury.

Attorney Wes Pittman filed the class action suit on behalf of Stockton and Tammy Hess, Margaret Thompson, Brenda and John Adams, as well as unnamed plaintiffs who might come forward later. Pittman sued Wright Pharma Inc., Global Nutrition LLC and Total Body Essential Nutrition Inc.

In the complaint, filed in 14th Judicial Circuit Court in Chipley, Pittman wrote that a batch of Total Body Formula created by Wright and distributed by Total Body was defective and contained "an excess of selenium."

"In excess, selenium is a toxin to humans and causes, among other things, hair loss, severe muscle cramps, motor neuron death leading in some cases to amyotrophic lateral sclerosis (Lou Gehrig's disease), nausea, vomiting and diarrhea, and endocrine disturbances including thyroid hormone and insulin regulation problems," Pittman wrote. The plaintiffs, he wrote, suffered one or more of these symptoms.

Pittman sued for damages but also asked that Total Body and Wright be stopped from distributing its product. Pittman told The News Herald that Total Body Formula has been distributed throughout Northwest Florida.

"Many people have used the product for years," he said. "I am aware of some who have used it for 10 years without untoward effects. However, some bad lots have recently been produced and the people who ingest the bad lots, which contain an excess of selenium, experience profound and progressive effects within days. The problems caused by excessive selenium in the diet are dramatic enough that an episode of the television series 'House' was devoted to it."

Pittman warned the bad batches of this product, "which are on the shelves of pharmacies and nutritional companies, should not be purchased or used because they are very dangerous to health."

"People who have bought and consumed Total Body Formula should stop using it and should preserve any unused portion in the original packaging in their refrigerators as evidence in case symptoms develop," he said. "They are also urged to seek prompt medical diagnosis and care from a physician trained in neurology and toxicology."

The U.S. Food and Drug Administration released a warning Thursday, saying it has information on 23 people in Florida who "experienced serious reactions to these products seven to 10 days after ingestion." The administration advised consumers not to "purchase or consume Total Body Formula" in tropical orange and peach nectar flavors, or the mega formula in the orange/tangerine flavor.

The FDA says the product has been distributed in 15 states, including Florida, Alabama, Georgia and Tennessee. Andrea Turner, a spokeswoman for the Tennessee Department of Health, told The Associated Press three people in her state have suffered hair loss and diarrhea after ingesting Total Body Formula.