Articles Posted in Products Liability

Numerous Atlanta residents are using or have used Chantix to quit smoking, but recent studies have indicated that patients who do not have cardiovascular problems prior to trying to quit smoking with Chantix, might be putting themselves at risk of developing such problems in the future. Dr. Curt D. Furberg of Wake Forest, the senior author of one such study, has vehemently plead for the removal of Chantix from the U.S. market.

In June of 2011, the Food and Drug Administration issued its first warning that the use of Chantix might be related to an increase of certain cardiovascular problems in patients who have a history of heart disease. As a result, this new information is being added to all Chantix labels.

Furthermore, a medical trial of 700 smokers with cardiovascular disease were treated either with Chantix or a placebo. And according to the FDA, this trial indicated that the patients treated with Chantix experienced more cardiovascular events than those treated with the placebo.

Such cardiovascular events included:

• angina pectoris
• nonfatal myocardial infarction
• need for coronary revascularization
• in addition to new diagnosis of peripheral vascular disease

Despite the fact that the number of cardiovascular episodes were minor, the FDA has noticed that several episodes have happened more often in patients treated with Chantix. A study that appeared in the Canadian Medical Association Journal has also pointed out the connection between the risk of cardiovascular episodes and the use of Chantix. Might this be only the tip of the iceberg? Only time will tell.

This study found a 72 percent increase in the risk of cardiovascular episodes with the use of Chantix when compared with those using a placebo. And an increased risk of cardiovascular disease in patients who don’t have a history of cardiovascular disease. Of the 4,908 patients who took Chantix, 52 patients experienced an acute cardiac episode. Whereas, only 27 of 3,308 patients who took the placebo experienced a cardiac episode.
Continue reading

Celebrex is a non-steroidal anti-inflammatory drug or NSAID. It is used by a number of patients here in Atlanta in the treatment of inflammation or pain caused by such medical conditions as ankylosing spondylitis, arthritis, and menstrual discomfort. Celebrex is also used in the treatment of hereditary polyps in the colon as well as for reasons that are not listed in the medication guide.

At present, Celebrex is the only remaining anti-inflammatory drug available to patients since the discontinuation of Vioxx and Bextra. However, since gaining approval from the Food and Drug Administration (“FDA”), Celebrex has been tied to various gastrointestinal problems and numerous deaths. Consequently, legal action has been taken against Pfizer and Searle Pharmaceuticals who jointly manufacture Celebrex.

Use of Celebrex, particularly long-term use, can cause life – threatening heart or circulation complications. Celebrex should not be used prior to or following heart bypass surgery. And patients should discontinue its use and seek immediate medical attention if balance and vision problems, chest pain, shortness of breath, or slurred speech are experienced. The following are additional, but not all symptoms that should be looked out for.

Other symptoms include:

abnormal bruising and/or bleeding bloody, blackish, tar like fecal matter diarrhea dizziness flu – like symptoms insomnia lethargy nausea and psyrosis (heartburn), skin rashes swelling of the lips, throat, and tongue ventral (abdominal) pain yellowish discoloration of the eyes or skin
Furthermore, patients should not use Celebrex if they are allergic to celecoxib, or have experienced allergic reactions to aspirin, sulfa drugs, or other NSAIDs. Doctors who prescribe Celebrex should be aware of their patients preexisting conditions such as asthma, bleeding or blood clotting disorders, heart disease, high blood pressure, liver or kidney disease, nose polyps, stomach ulcers, or strokes. All of these are serious symptoms that can lead to serious permanent injury or even death.
Continue reading

There has been a number of reported cases of bladder cancer caused by the diabetes drug, Actos. According to a major health-related website, there have been over 22,000 reported incidents of side affects from patients who have taken Actos and 0.22% of these have reported bladder cancer.

The longer someone has taken the drug, the more likely they are to contract bladder cancer. If you have been diagnosed with bladder cancer and suspect it may be related to an Actos prescription, seek medical help immediately. Bladder cancer is an extremely aggressive form of cancer.

In June of 2011, France and Germany banned the sale of Actos because of links to cancer. Recently, the FDA has announced that it was reviewing the link between Actos and bladder cancer.
Continue reading

Georgia victims of dental malpractice should be aware that a number of dental nerve injuries may be caused by the anesthesia injection-as well as from dental malpractice. Paresthesia is an adverse event which has been linked in a much higher reported incidence rate with the 4% concentration drugs known as Septocaine, Articaine and Prilocaine.

Several U.S. studies now strongly suggest that nerve damage to the lingual nerve or inferior alveolar nerve during dental work depends on whether the 4 percent local anesthetic drugs are used. These findings are consistent with other studies conducted on these drugs in other countries. Until further studies indicate otherwise, dentists should consider this higher incidence rate before using these numbing agents.
Continue reading

Over 12% of patients who have received a Depuy hip implant must have an additional surgery to repair the implanted device. This, among other reasons, is the basis for the ongoing class action lawsuit.

Plaintiffs have alleged that DePuy’s parent company, Johnson & Johnson, failed to properly test the hip implant devices prior to marketing them, and that Johnson & Johnson knew about these problems for over two years prior to recalling the implants.

In August 2010, Depuy recalled the ASR XL Acetabular System and ASR Hip Resurfacing System hip implants due to the above stated problems. The FDA had received over 400 reports of problems with the ASP devices prior to the recall.

According to the FDA, a hip implant may be recalled by the manufacturer for a number of reasons. If your hip implant is recalled, this does not necessarily mean that the implant needs to be removed and replaced. In some cases the recall recommends different or more frequent monitoring. It is important to discuss the reason for the recall with your orthopaedic surgeon to determine the most appropriate course of action. However, while this might be accurate, the opposite is also true, i.e., your recalled hip implant may need to be removed to protect your health.
Continue reading

Despite years of legal jockeying, the U.S. Supreme Court has ruled that the carmaker, Mazda Motor of America, Inc. (“Mazda”) may be sued under Products Liability laws for the death of a woman who suffered fatal injuries in a Mazda Minivan that was sold only with a lap belt for the middle portion of the rear seat.

Mazda had repeatedly argred that it should be insulated from liability in the deadly accident because federal regulations did not require a lap and shoulder belt for the middle seat (in which the woman was sitting when killed).

This is an important victory, not only for the dead woman’s family who is seeking to recover for her death, but also for all victims of product defects. With offices in Georgia, Mississippi, and North Caroline, our firm handles many serious accidents in the Atlanta area and throughout the Southeast. Robert J. Fleming is an experienced trial lawyer who specializes in personal injury litigation. According to Mr. Fleming, “many single-car accidents are immediately dismissed by inexperienced lawyers. However, a small portion of these may be caused by, at least in part, unsafe product defects such as faulty door latches, unsafe seat belts such as in the recent Mazda case, unsafe road defects and other product defects. That is why we take great care in fully investigating any potential car accident case that involves serious personal injury or death.”
Continue reading

The U.S. Food and Drug Administration (FDA) has issued a formal warning to consumers to stop using certain Hydroxycut diet supplements manufactured by Iovate Health Sciences, Inc. Hydroxycut Recall Full Article. This is in response to numerous reported cases of adverse health effects caused by the recalled product, such as liver failure, seizures, heart complications, and muscle damage. There has been one reported death caused by liver failure and two reports of Hydroxycut users undergoing liver transplants.

If you are using any of the recalled Hydroxycut products, you should discontinue use and seek immediate medical attention. The recalled products are:

Hydroxycut Caffeine-Free Caplets Hydroxycut Caffeine-Free Drink Packets Hydroxycut Carb Control Hydroxycut Hardcore Drink Packet (Ignition Stix)
Hydroxycut Hardcore Liquid Capsules Hydroxycut Hardcore RTD Hydroxycut Liquid Shot Hydroxycut Max Aqua Shed Hydroxycut Max Caplets Hydroxycut Max Drink Packet Hydroxycut Natural Hydroxycut Rapid Release Regular Caplets Hydroxycut Regular Drink Packet Hydroxycut 24 Continue reading

Recent attention has focused on faulty Chinese Drywall as causing a number of construction defects and personal injures. Once again, more information is coming to light. According to a recent test conducted by the Environmental Protection Agency, the Chinese-made drywall contained sulfur and acrylic paint compounds. Apparently added to increase the weight of the product (and hence, to increase the profit), these findings further support the growing concern that the Chinese drywall is damaging new and remodeled Atlanta-area homes.

If your home was recently built or remodeled and you suspect that it contains defective Chinese-made drywall, you should investigate further to protect your family from harmful toxic exposure. You also may be able to recover your damages due to this defective product.

The potential danger of Chinese-made drywall was uncovered when buyers of new homes in Florida noticed a strange smell, which officials now believe to be from high sulfur content in Chinese drywall. It now appears that the problem may be more widespread than just Florida.

The U.S. Supreme Court recently upheld a $6.7 million dollar verdict awarded to a woman whose arm had to be amputated after she received a Phenergan injection.

The woman, Diana Levine, was suffering from migraine headaches and sought treatment from a local clinic. The clinic injected her with Phenergan by using an IV-push, which allows for a greater volume of the the Phenergan to enter the body at a faster pace. Instead of the Phenergan entering the body through a vein, as planned, the drug entered her body via an artery and she developed gangrene. As a result, doctors had to amputate Ms. Levine’s hand and forearm. Obviously a catastrophic injury for anyone in this situation, the amputation was especially devastating to Ms. Levine because it ended her career as a guitarist and pianist.

After a jury ruled in her favor and awarded Ms. Levine her damages, the drug maker, Wyeth, appealed the verdict and argued to the United States Supreme Court that is should be shielded from liability because the FDA approved Phenergan for consumer use. The Supreme Court rejected this argument and awarded Ms. Levine her damages.

The Consumer Product Safety Improvement Act of 2008 (the “Act”) was signed into law by Congress in 2008. The Act is aimed at broadening the consumer product safety laws and providing more tools to allow the Consumer Product Safety Commission (the “Commission”) to enforce the new laws.

The Act lowers the limits of allowable lead in paints and furniture coverings. It also prohibits the sale of all children’s toys and child care articles containing more than 0.1 % of three specific types of phthalates (chemicals commonly used in toys to increase flexibility in vinyl or plastic).

Under the Act, every manufacturer or importer of products intended for use by children must certify that its product complies with all applicable consumer safety laws and regulations and the certification must be based on tests performed by an independent laboratory which has been accredited by the Commission.