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FDA Whistleblowers Sue FDA For Spying on Their Personal Emails: Messages to Congress About Product Dangers Were Being Monitored by FDA

January 31st, 2012 by admin

More news that should serve as a warning to the American public that the products that they buy on their grocery store shelves and that they purchase as over the counter drugs or as prescription medicine should not be blindly trusted: it seems that the Food and Drug Administration (FDA) has just been sued by six doctors and scientists – all former employees of the FDA.

Why?  These top professionals have filed a lawsuit because they have found out that the FDA was spying on these doctors’ and scientists’ personal email accounts (Gmail).

Seems that the FDA was interested in reading the personal emails of these Six FDA Employees because these six individuals had had the courage to tell members of Congress that they were concerned because the FDA was going ahead and approving products which these six FDA employees thought were NOT SAFE.

Media investigations have occurred and now, the news stories include the release of federal government documents confirming that the personal emails were monitored, and for a long time, too.  Apparently, according to a Washington Post expose, the FDA employees’ personal email accounts were being spied upon for over two years.

Here, though, the big news isn’t a media scoop.  Here, these six courageous individuals haven’t just voiced concerns to Congress — now, they’ve gone and filed a civil lawsuit in federal court based upon the sneaky behavior of the FDA.   They are claiming damages to their careers because of what’s happened, among other things.

It’s going to be more of a right of privacy case more than a fight over whether or not those products are indeed unsafe.  The safety of the products are not the focus of this litigation (but should be a very, very big lesson to us all).

Was the constitutional right to privacy guaranteed by the U.S. Constitution violated when the FDA instituted surveillance on its own employees?  (The FDA, of course, will argue no; that by using the work computers, these folk couldn’t have any reasonable expectation of privacy.)

Bottom line, products liability laws exist in Indiana and Illinois and every other state in the union because all too often, Americans are hurt or killed by products (food  and drugs among them) that they have legitimately purchased at a store with the expectation that the product is safe to use.   Americans cannot depend upon manufacturers, distributors, sellers, etc. to protect them from dangerous products.   Unsafe products are put into the marketplace all the time.

Now, the Federal and Drug Administration’s dependability and integrity has been called into question by this agency spying upon employees who were whistleblowing about product safety to members of Congress.

If you or a loved one has been hurt or injured or even suffered a wrongful death because of food or drugs or medication — then your most solid and dependable avenue of justice remains with the personal injury system of  justice and filing a products liability lawsuit under state law.

Posted in Defective Products, Illinois Wrongful Death, Indiana Wrongful Death, Product Liability, Serious Personal Injury, Wrongful Death | No Comments »

New Illinois Laws To Protect People From Injury or Death: 2012 Has Lots of New Safety Statutes on the Books

January 12th, 2012 by admin

In addition to the new law that lets motorcycles and bicycles run red lights in the State of Illinois that we posted about last week, a lot of other laws were passed by a busy state legislature that are intended to make life safer for everyone in Illinois, including the following laws that have been passed in hopes that injuries and death will be averted:

1.  Injuries or Deaths in Airplane Crashes. It is against the law in Illinois for anyone to shine a laser light into the cockpit of an airplane that is in the process of taking off or landing. And, yes, apparently this had been happening quite a bit in the Chicago O’Hare area. (House Bill 167)

2. Injuries or Deaths in School and Playground Injuries.  Now, Illinois school officials can suspend, or even permanently expel, any public school student who threatens another student or an employee of the school district, via the Web in online bullying. (House Bill 3281)

3.  Injuries or Deaths in Auto Accidents. Now, adults riding in the back seat of a car must buckle up just like those in the front seat, or face being fined and ticketed. (House Bill 219)

4.  Injuries or Deaths in Big Rig Crashes. Now, semi trucks can drive along Illinois roadways just like any small sedan at the exact same speed, not just in certain sections of trucking routes (Senate Bill 1913)

Posted in Auto Accidents, Defective Products, Motorcycle Accidents, Product Liability, Semi-Truck Crashes, Serious Personal Injury, Transportation, Wrongful Death | No Comments »

Toy Safety: Protecting Children From Being Hurt By Dangerous Toys That Are Sold Everyday

January 3rd, 2012 by admin

Now that the holidays are over and the wrapping paper has been tossed and the batteries bought, those new shiny toys are being used quite a bit by happy kids all over Indiana and Illinois and all the rest of the good old U.S.A.

Problem is: profit happy toy companies still sell toys that can serious injure children all for the sake of making a buck.  And, as a recent article in the Los Angeles Times reports, it’s usually only after innocent little ones have been hurt that we hear about another dangerous or deadly toy that has been manufactured, distributed, and sold in this country. To read the entire Los Angeles Times article, check out “Parents, you are top regulator when it comes to toy safety.”

The news story has it partly right.  Parents are the first line of defense when there is a dangerous toy.  However, toy safety must be a concern at any day care, elementary school, or child-friendly pizza joint where toys and kids coexist.

If your child is injured by a toy, then not only are the toy makers responsible, but the seller as well as the place where the child came into contact with that toy may be legally responsible as well (including schools, restaurants, doctors’ offices, playgrounds, etc.).

The Child Safety Protection Act was passed in 2005 to help protect kids from harm.  You can read its online fact sheet here.  This is federal law that holds manufacturers, etc. responsible for toy safety.  Product liabilty laws in both Indiana and Illinois also exist to protect kids who have been hurt by a toy.

26th Annual Trouble in Toyland Study Released for 2011

Every year for many years now, a non-profit organization — USPIRG — has released its annual study of dangerous toys and toy safety.  This year, “Trouble in Toyland” reported that there are still dangers present in the American marketplace for children and their toys.  Included in their concerns:

Lead Continues to be a Hazard in Toys
Exposure to lead can affect almost every organ and system in the human body, especially the central nervous system. Lead is especially harmful to the brains of young children and has no business in children’s products. This year our investigators found 2 toys whose lead levels exceeded the current 300ppm standard set by the CPSIA and one additional toy that exceeded its prospective 100ppm standard; we found 4 additional toys that exceeded the American Academy of Pediatrics recommendation that lead levels in toys should not exceed 40ppm.

Phthalates in Toys
Numerous studies have documented the potential negative health effects of exposure to phthalates in the womb or in child development. U.S. EPA studies show the cumulative impact of different phthalates leads to an exponential increase in harms including premature delivery and reproductive defects. The CPSIA permanently banned toys containing three phthalates and set temporary limits on three others, while tests continue. No toy or childcare article can contain more than 1000ppm of each of the six phthalates.

This year, we found two toys that laboratory testing showed to contain 42,000 ppm and 77,000 ppm levels of phthalates. These products exceed limits allowed by the CPSIA by 42 and 77 times, respectively.

Choking Hazards
Choking on small toy parts, on small balls, on marbles and balloons continues to be the major cause of toy-related deaths and injuries. Between 1990 and 2010, over 200 children died from a choking incident.

This year we found several toys that violated CPSC’s small parts for toys standard intended for children less than 3 years old. We also found “near small part” toys that – while not in violation of current regulations — support our call for the small parts test to be made less permissive. Finally, we found toys intended for older children that failed to provide choking hazards warnings required for small parts or small balls.

Noisy Toys
Research has shown a third of Americans with hearing loss can attribute it in part to noise. The third National Health and Nutrition Examination Survey showed one in five U.S. children will have some degree of hearing loss by the time they reach age 12; this may be in part due to many children using toys and other children’s products that emit loud sounds such as music players. The National Institute on Deafness and other Communication Disorders advises that prolonged exposure to noise above 85 decibels will cause gradual hearing loss in any age range. We found 1 toy on store shelves that exceeded the recommended continuous exposure to 85-decibel limit and 2 close-to-the-ear toys that exceeded the 65 decibel limit when measured with a digital sound level meter.

Posted in Defective Products, Product Liability, School & Playground Injuries, Serious Personal Injury, Wrongful Death | No Comments »

Indiana State Fair Tragedy Labelled Biggest Story of 2011: Where You Get Injured Makes a Difference in Damages Award You May Receive

December 27th, 2011 by admin

In one of the many end of the year recaps that are being circulated this week, the Indianapolis Star has published its article “the Top 10 Local Stories of 2011,” and topping their list is the tragic crash of the stage rigging at this year’s Indiana State Fair.  (For details, check out our earlier post here or watch this video where Kenneth J. Allen discusses the State Fair tragedy’s consequences.)

One Lesson From the Indiana State Fair Tragedy: Justice May Depend Upon Where the Accident Happened

As Kenneth J. Allen discusses in the above video, the fact that this tragedy took place where it did made a difference for those seeking personal injury damages under the law.  An injury that occurred on a government-related site got different treatment under the law than if would have if the exact same incident had happened at a privately owned location.  The Indiana State Fair took place on state owned fairgrounds.

Under Indiana law, this meant that a cap applied to the damages claim: a cap of $5 million.  If the accident had not been on publicly owned land, then the cap would not be an issue.

Attorney General Announces Settlement in December 2011 – $5 Million is Paid Out

On December 19, 2011, Indiana Attorney General Greg Zoeller officially announced that settlements had been reached with 64 of the 65 claimants in the Indiana State Fair tragedy and that his office expected checks to begin being sent out to these victims by the end of the month. 

Meanwhile, Kenneth J. Allen is working for justice here, going into federal court to ask that this $5 million cap be nixed for the Indiana State Fair victims.  In December 2011, the federal judge okayed Allen’s plan to have federal review of the situation. More on that fight in the months to come.

The Indiana Attorney General seems to have ended 2011 with checks being sent and an idea that this is a done deal.  From the AG’s news release:

“Deciding on compensation for the victims of the State Fair tragedy is one of the most difficult duties the Indiana Attorney General’s Office has ever undertaken. From the start we knew that no matter how we divided the $5 million available, it could never replace the seven lives lost nor erase the pain of the injured and grieving. We did all that was possible to treat victims equitably and to assist them with their medical and financial needs within the amount the law allows,” Zoeller said.

Defending the state’s Tort Claim Fund, which is made up of tax dollars, from claims and potential lawsuits is one of the duties of the Indiana Attorney General’s Office. After the deadly stage rigging collapse August 13 at the Indiana State Fair, Zoeller announced that he would make available the $5 million in tort claim funds the State has, without regard to liability.

Working with nationally-known expert Kenneth Feinberg who administered victim compensation programs after 9/11 and the BP Gulf oil spill, Zoeller’s office designed a victim-centered program where victims could submit tort claims to the state and receive settlement payments on an expedited basis, even if they did not hire an attorney.

A total of 114 individual claimants – including the representatives of the seven deceased – filed a total 101 claims and utilized a customized State Fair claim form the Attorney General’s Office developed. The State also retained a claims management firm, JWF Specialty Company, to receive and review the claims and follow up with claimants to obtain additional medical documentation.

Under the compensation protocol Feinberg helped design, the estates of the seven deceased victims were guaranteed settlements of at least $300,000 each. Another 58 claimants who were most seriously injured and met at least one other protocol criteria were offered payments equal to approximately 65 percent of their medical and hospital bills submitted to date. Since that amount will exhaust the rest of the $5 million the State has available, claimants with non-physical injuries did not receive settlement offers under the protocol.

To be offered settlements, claimants or their attorneys were required to submit documentation of hospital expenses; the form asked that documentation be attached. Offers could not be extended to any claim that lacked medical documentation or where the requested information was not provided. JWF Specialty Company was available to answer questions from claimants and their attorneys throughout the process.

On December 6 the State sent offer notices to 65 eligible claimants or their representatives requesting a prompt reply. Although claimants had the legal right to decline the offers, all but one accepted, including the estates of all seven deceased victims. The remaining $1,691 that one claimant’s attorney declined was redistributed among the other 64 claimants and their offers were recalculated. By accepting offers, claimants sign settlement documents releasing the State of Indiana from future liability. That does not prevent claimants from pursuing separate legal actions against other private entities over the stage rigging collapse.

After offers were extended, three claimants identified conflicting medical billing data that had been previously submitted to claims manager JWF Specialty Company during the claim-filing period. The disputed claims were carefully reviewed, and the State and JWF agreed to resolve the disputes in favor of the claimants, meaning their offers were revised upward by a combined total of $33,027.31. Since by law the State’s cap per incident is a total $5 million and cannot exceed that, JWF Specialty Company graciously agreed to pick up the difference and pay the increased offers to the three claimants out of its own funds.

“JWF Specialty provided invaluable service to the State under extraordinarily difficult circumstances under an accelerated claims-review period. We appreciate their good corporate citizenship in resolving disputes in favor of the claimants in keeping with a victim-centered approach, and we thank them for their expertise on an extremely complicated claims-management process. There was nearly 100 percent participation from those claimants who were offered settlements, an indication we believe of how carefully the protocol was developed,” Zoeller said.

During the process of calculating settlement offers, the Attorney General’s Office participated in mediation with a group of approximately 30 attorneys and law firms representing many claimants and reached tentative accord on the protocol. Settlement offers are with the consent of the Governor’s Office.

“Members of the legal profession who met repeatedly with the State to reach consensus on a compensation program for their clients should be commended for helping bring this process to an expedited conclusion. And I’m enormously grateful to Kenneth Feinberg who donated his services at no charge to the State of Indiana or taxpayers. His wisdom from developing past victim compensation programs after other tragedies was indispensible to my office in helping us navigate through difficult questions. The work of the Attorney General’s Office does not end here and we will continue to diligently represent the State in legal matters involving the State Fair tragedy,” Zoeller said.

Now that the final list of accepted offers has been calculated, the State Auditor’s Office will begin the process of issuing payments by check or electronic funds transfer. The first group of checks is scheduled to be mailed Wednesday and the process should be complete by the end of the year. JWF Specialty Company will follow up with any claimants from whom any additional paperwork is needed.

Posted in Defective Products, Product Liability, Serious Personal Injury, Transportation, Work Related, Wrongful Death | No Comments »

Neti Pots Are Dangerous Products Warns Louisiana Health Dept: People Are Dying From Sinus Remedy, Another Example of Hidden Dangers on U.S. Store Product Shelves

December 22nd, 2011 by admin

Family and friends can swear by them; trusted companies make them; they’re sold on television these days and they are prominently displayed near the over-the-counter cold products in your local grocery or superstore.  Neti Pots. They look so cute and innocent, too, don’t they?

Except Neti Pots are killing people. Another product being sold in American marketplace that is so dangerous that lives are being lost.

This week, the Louisiana Department of Health and Hospitals issued a public warning regarding the use of neti pots to clear out sinus congestion after the state agency confirmed two deaths after using a neti pot.  From the Lousiana release:

The Louisiana Department of Health and Hospitals is warning residents about the dangers of the improper use of neti pots. The warning follows the state’s second death this year caused by Naegleria fowleri, the so-called brain-eating ameba. A 51-year-old DeSoto Parish woman died recently after using tap water in a neti pot to irrigate her sinuses and becoming infected with the deadly ameba. In June, a 20-year-old St. Bernard Parish man died under the same circumstances. Naegleria fowleri infects people by entering the body through the nose. A neti pot is commonly used to irrigate sinuses, and looks like a genie’s lamp.

“If you are irrigating, flushing, or rinsing your sinuses, for example, by using a neti pot, use distilled, sterile or previously boiled water to make up the irrigation solution,” said Louisiana State Epidemiologist, Dr. Raoult Ratard.  “Tap water is safe for drinking, but not for irrigating your nose.”  It’s also important to rinse the irrigation device after each use and leave open to air dry.

Naegleria fowleri infection typically occurs when people go swimming or diving in warm freshwater lakes and rivers. In very rare instances, Naegleria fowleri infections may also occur when contaminated water from other sources (such as inadequately chlorinated swimming pool water or heated tap water less than 116.6 degrees Fahrenheit) enters the nose when people submerge their heads or when people irrigate their sinuses with devices such as a neti pot. You cannot be infected with Naegleria fowleri by drinking water.

Naegleria fowleri causes the disease primary amebic meningoencephalitis (PAM), a brain infection that leads to the destruction of brain tissue. In its early stages, symptoms of PAM may be similar to symptoms of bacterial meningitis.

Initial symptoms of PAM start one to seven days after infection. The initial symptoms include headache, fever, nausea, vomiting, and stiff neck. Later symptoms include confusion, lack of attention to people and surroundings, loss of balance, seizures, and hallucinations. After the start of symptoms, the disease progresses rapidly and usually causes death within one to 12 days.

Naegleria fowleri infections are very rare. In the 10 years from 2001 to 2010, 32 infections were reported in the U.S. Of those cases, 30 people were infected by contaminated recreational water and two people were infected by water from a geothermal drinking water supply.

Neti Pots Kill People By Allowing Brain-Eating Bacteria to Access Your Brain Through Your Sinus Cavity

You use a neti pot by filling it with water and then flushing that water through your nose and sinus cavity.  It’s been used by people all over the world for years.

However, that doesn’t mean that it’s safe for you to use.  If someone uses a neti pot without taking proper precautions, they can flush dangerous germs and bacteria — brain-eating amoeba — into their bodies which can kill them.

In Louisiana, two people have died from using tap water in a Neti Pot.  The tap water may have looked clean enough, and sure they could have swallowed it safely, but flushing it into their nasal cavity was a different story.  No stomach acids there to kill things off.  Nope.

In the sinus cavity, there is an ability for chemicals to quickly access the brain.  (That’s why those drug users like to snort things.)  When the tap water with its bacteria was sniffed into the sinus, it carried the evildoing bacteria with it.

Evildoing bacteria like Naegleria fowleri, which is the bacteria that killed both the Louisiana Neti Pot victims.  It literally eats brain tissue.  It’s difficult to treat once there’s an infection, and people almost always die from it.  Horrible to think about, isn’t it?

Posted in Defective Products, Illinois Wrongful Death, Indiana Wrongful Death, Other Jurisdictions, Product Liability, Serious Personal Injury, Wrongful Death | No Comments »

Prescription Drug Deaths Are Epidemic in This Country: Pain Medications Alone Are Killing 40 People Every Day

December 20th, 2011 by admin

Prescription drugs are killing people in the United States.  Lots of people.  So many people, in fact, that the Center for Disease Control and Prevention (CDC) issued a report last month (November 2011) that is downright terrifying.

Among people 35 to 54 years old, unintentional poisoning caused more deaths than motor vehicle crashes.

These are not street drugs sold illegally.  They’re not drugs like cocaine or crack, sold with no safety checks or ingredients listing and bought for the purpose of getting high.  No.  These drugs that are killing so many Americans in this country that the  situation has been declared an epidemic by the federal government are those that have been prescribed by doctors to patients to help them with ailments and injuries.  Ones that you have to go to the drug store to get.  Ones that may be in your medicine cabinet in your home right now.

In its report, the CDC provides details of its research, confirming:

1.  the death toll from overdoses of prescription painkillers has more than tripled in the past decade;

2.  more than 40 people die every day from overdoses involving narcotic pain relievers like hydrocodone (Vicodin), methadone, oxycodone (OxyContin), and oxymorphone (Opana);

3.  Overdoses involving prescription painkillers are at epidemic levels;

4.  Prescription drug overdoses now kill more Americans than heroin and cocaine combined; and

5.  In 2010, 1 in every 20 people in the United States age 12 and older (12.000,000 people) reported using prescription painkillers nonmedically.

So, what is causing this Prescription Drug Epidemic of Death?

According to the CDC (and from its blog post by guest blogger Christopher M. Jones, PharmD, MPH, LCDR, U.S. Public Health Service), the amount of prescription drugs sold in the United States over the past ten years has skyrocketed.  Not by just 100% or 200% — but by 300%.

Imagine the profits to the drug companies.

Doctors are using these prescription painkillers more and more to help patients who are suffering from pain.  That is how these drugs are getting out there — from doctors’ signatures on prescription pads, which are filled at pharmacies around the country.

As coverage grows about this terrifying truth in our America today, it’s important to remember that solid fact.  These are PRESCRIBED medications that are killing people, not home-cooked, back-alley street drugs made with ingredients scarfed up at the lcoal grocery store.

Posted in Defective Products, Illinois Wrongful Death, Indiana Wrongful Death, Medical Malpractice, Product Liability, Serious Personal Injury, Wrongful Death | No Comments »

Illinois December 2011 Preparedness Campaign – Is Your Home Safe? Are You Ready in Case of Emergency?

December 8th, 2011 by admin

This month out of Springfield there’s something akin to holiday cheer being distributed out of the offices of IEMA (Illinois Emergency Management Agency) as its December 2011 Preparedness Campaign kicks off, trying to increase citizen awareness of home dangers like fire and radon as well as being ready in case of a home emergency.

Major, life-altering disasters can hit families within their home, along their street, or in their neighborhood, it’s not just the big winter storms or flooding disasters that can strike and alter lives forever.   It’s because of these kinds of possibilities that a new website has been created (www.Ready.Illinois.gov) and IEMA has started its new campaign.

All through December 2011, IEMA will be publishing all sorts of home safety tips at the Ready.Illinois website.  Things like decorating for the holidays will be covered.  Candles can start fires, for example.  So can faulty strings of outdoor lights.

Injuries and Deaths at Home From Fire and Toxic Fumes

Even more importantly from a personal injury point of view are things that cause serious injury and death in our part of the country each year.  Old furnaces collect dust and get old and rusty, and can cause fires as well as release toxic carbon monoxide fumes.  It’s very important to have furnaces professionally checked every year.

The IMEA also reminds us all that it is mandated by Illinois law that homes must have both smoke alarms and carbon monoxide detectors within 15 feet of each and every bedroom.  Landlords must abide by this; is yours? Homeowners have to abide by this, too.  Are your batteries still working in your smoke alarms and CO detectors?

Radon Gas Is Top Cause of Lung Cancer Among Non-Smokers in the U.S.

The agency also has a very wise warning for all of us:  radon is an undetectable gas that causes cancer – in fact, it’s second only to smoking tobacco in causing lung cancer among smokers and the top cause of lung cancer in non-smokers.  Radon comes out of the soil as uranium decays.  It’s important to have your home (as well as other buildings, schools, hospitals, etc. ) tested for radon.   You can do the test yourself (see www.radon.illinois.gov).

From the EPA’s Citizen’s Guide to Radon:

Radon is a radioactive gas. It comes from the natural decay of uranium that is found in nearly all soils. It typically moves up through the ground to the air above and into your home through cracks and other holes in the foundation. Your home traps radon inside, where it can build up. Any home may have a radon problem. This means new and old homes, well-sealed and drafty homes, and homes with or without basements.

Radon from soil gas is the main cause of radon problems. Sometimes radon enters the home through well water (see “Radon in Water“). In a small number of homes, the building materials can give off radon, too. However, building materials rarely cause radon problems by themselves.

RADON GETS IN THROUGH:

  1. Cracks in solid floors
  2. Construction joints
  3. Cracks in walls
  4. Gaps in suspended floors
  5. Gaps around service pipes
  6. Cavities inside walls
  7. The water supply

Winter Storm Emergencies

Finally, those big storms do hit and we’re going into a long winter now.  IEMA has a great checklist for a home emergency kit, now is the time to make sure you’ve got everything you need.  Among them:

  • A battery-powered NOAA Weather Radio and a battery-powered commercial radio
  • Extra batteries.
  • Foods that do not require cooking or refrigeration.
  • High energy foods such as dried fruit and granola bars.
  • Extra medications and special items for babies, the disabled or elderly.
  • Extra water in clean containers.
  • Flashlights.  Do not use candles.
  • First-aid kit, non-prescription drugs and personal sanitary items.

Your Duty to Keep Safe

Of course, there is much discussion here on the legal duties of product manufacturers, sellers, and distributors, as well as trucking companies, car dealers, road crews, and employers along with all other sorts of individuals or entities to keep us from harm in their ordinary course of business.

However, we each have a duty, too.  All of us have a duty to ourselves and our loved ones to avoid danger and maintain our homes, our cars, etc. as well as to do what reasonable people do to protect themselves and their families from harm.

For example, if you race over 100 mph and crash your car, then you’ve assumed some of the legal risk of that wreck.  Similarly, if you hang a sweater over a space heater and it catches fire, you’ve got some legal responsibility for that home disaster.

Be careful out there.   Participate in this preparedness campaign – it’s a good thing.

Posted in Defective Products, Product Liability, School & Playground Injuries, Serious Personal Injury, Slip & Falls, Spinal Injuries, Sports & Boating Accidents, Wrongful Death | No Comments »

Electronic Cigarettes Banned by City of Boston, Where’s the FDA? How Safe (or Dangerous) Are Electronic Cigarettes (E-Cigs)?

December 6th, 2011 by admin

This week,  the City of Boston didn’t wait for the federal government or the State of Massachusetts to do something about trendy electronic cigarettes, and on December 1, 2011, Boston issued a BAN on the use of e-cigs on the job (in workplaces) as well as LIMITING SALES to adults-only.

The Boston Public Health Commission may be light years ahead of the rest of the country in dealing with this popular and largely unregulated device.  That’s right: there’s not much law out there to protect your loved ones – including your teenagers – from trying out these products.

What are electronic cigarettes?

These are devices that are being advertised as a safe substitute for tobacco products – like cigarettes or cigars.  They’re also known as vaporizing devices, and so far, no one is calling them a drug or a drug-related product.

Developed in China, these e-cigarettes are either plastic or metal cylinders that are charged with an lithium ion battery and they look like cigarettes or cigars, usually.  Sometimes they come with a USB port.  Some are throw-away, some are reusable.

Here’s how they work.  The user sucks on the “e-cig” like they would otherwise smoke a cigarette, to get a vaporized mist that has a tobacco flavor.  (Some e-cigs offer other flavor options).    

Thing is — there’s nicotine in that vaporized mist.  That’s right: nicotine. Nicotine, by the way, is the chemical contained in tobacco that is addictive.

Which is why there are a lot of people that think someone needs to look into these e-cigarettes that are becoming so very popular.  People like those concerned about public health in the City of Boston as well as:

1.  AAPHP

the American Association of Public Health Physicians who in April 2010 announced that they believe that e-cigarettes may help smokers kick the smoking habit but that these devices should never be used by kids.  This doctor group wants the FDA to get involved and re-classify the electronic cigarette.

2.  World Health Organization

Three years ago, the World Health Organization warned that electronic cigarettes were being marketed all over the world even though there wasn’t any real testing done to make sure this was a safe product.  No one appeared to pay much attention to the WHO.

What Does This Mean to You?

Smoking is bad, and kicking the smoking habit is important.  However, using a product without sufficient testing is dangerous, too.  Particularly if you are a teenager or young adult who thinks the e-cigarette is just plain fun to use.

From a products liability law perspective, it’s things like this — introducing a product into the marketplace without bothering to make sure it’s safe —  that can result in nightmare situations and real life tragedies.

Be careful out there.

Posted in Defective Products, Product Liability, Serious Personal Injury, Wrongful Death | No Comments »

Biggest Drug Company Settlement in US History Made by GlaxoSmithKline for Diabetes-Drug Avandia and Other Claims

December 1st, 2011 by admin

It’s not a done deal yet, but that may just be paperwork at this point because everyone seems to acknowledge that GlaxoSmithKline has settled its claims with the federal government to the tune of $3 billion, which beats the old record of $2.3 billion paid by Pfizer back in 2009 in settlement with the feds for violating the law in marketing some of its drugs for uses other than what was instructed on their labels.

GlaxoSmithKline will be paying $3,000,000,000 to the government to settle a bunch of claims of illegal activity: Medicaid reimbursement hijinks; promoting its drugs for off-label uses; and some strange things in particular about its cash cow drug, Avandia, which was said to help people suffering with diabetes but was revealed by medical researchers to be connected to an almost 50% increase in the chance of a heart attack and an even higher risk of dying from heart problems.

Key: Mayo Clinic investigations revealed that almost every single scientist (90%) who published papers that supported the use of Avandia in humans had financial connections with GlaxoSmithKline. (For more details on Avandia issues, please refer to our earlier post).

The Biggest Drug Company Settlement In History Isn’t High Enough

Billions of dollars in settlement sounds like a serious deal, a financial hit that should make the drug company think twice about doing things like this in the future. GlaxoSmithKline has this cash on hand, and has already informed its shareholders that the settlement will be paid by cash in the bank.

That’s right: GSK has $3 billion setting around to pay the U.S. Department of Justice when the paperwork is signed, no surprise when GlaxoSmithKline is reported to have a market value in excess of $110,000,000,000.00.

So who really won here?

Many will argue the drug company did.   The lesson learned: drugs are products manufactured and marketed for profit in this country just like cars and boats and smartphones and coffeemakers.  Americans cannot blindly trust that the products that they bring into their homes are safe to use or consume.

If you or a loved one has reason to think that you may have been harmed by a drug or drug-related product, then it is important to get medical help first and legal help as well. That’s what products liability law does – and maybe, in the future, an American jury will explain to big drug companies that putting profits over people is just plain wrong.

Posted in Defective Products, Medical Malpractice, Product Liability, Wrongful Death | No Comments »

Chevy Volt: How Dangerous Are They? What About the Safety of Other Electric Cars?

November 29th, 2011 by admin

Earlier this month, we began monitoring the story about the Chevy Volt and its lithium-ion battery bursting into flames three weeks after the car was in a crash. At that point, many thought the incident was a fluke: after all, the Volt involved was part of a national safety test and the battery had been crashed as part of an intentional accident.  Its own version of a crash test dummy, right?

Well, not so fast.  News reports are coming to light now that the electric car offered by Chevrolet, the Chevy Volt, may be more dangerous than previously thought.  The fire erupting from the crash test battery might not be such a fluke; instead, it may be a big early warning to Volt drivers everywhere (and maybe to others who have cars with electric power via lithium ion batteries).

The National Highway Traffic Safety Administration announced on Friday that it was instituting an investigation into how dangerous electric cars may be after all, now that several more tests have caused concern in lithium ion battery operated Chevy Volts.  From NTHSA:

However, the agency is concerned that damage to the Volt’s batteries as part of three tests that are explicitly designed to replicate real-world crash scenarios have resulted in fire. NHTSA is therefore opening a safety defect investigation of Chevy Volts, which could experience a battery-related fire following a crash. Chevy Volt owners whose vehicles have not been in a serious crash do not have reason for concern.

While it is too soon to tell whether the investigation will lead to a recall of any vehicles or parts, if NHTSA identifies an unreasonable risk to safety, the agency will take immediate action to notify consumers and ensure that GM communicates with current vehicle owners.

What About Other Electric Cars? Is This Problem Bigger Than Chevy Volts?

Right now, the focus of the federal investigation has been solely Chevy’s product.  This is expanding to include other electric cars on the market.

As most experienced products liability attorneys are aware, if there is a design problem in one company’s product, there may well be a similar issue in their competitor’s product.

Which means that lithium ion battery operated vehicles may all be more dangerous than we knew – it may be that this is a much bigger safety issue than just the Chevy Volts that are out on the roads today.

Be careful out there – and if you have had an issue with your electric car, contact the dealer and if you think you may have a claim, contact an experienced products liability attorney.

Posted in Defective Products, Product Liability, Serious Personal Injury | No Comments »

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