Lansing Personal Injury Lawyer - Defective & Dangerous Products

Nine-Year-Old Florida Girl Nearly Dies from Misdiagnosed H1N1 Virus

David Mittleman — Thu, 03 Dec 2009 15:05:33 GMT

Rapid flu tests are used to determine if a patient has the illness so that doctors can immediately being treatment. However, in Hayli Murphy’s case, she almost died as a result of an incorrect diagnosis from a rapid flu test. In fact, some doctors are concerned that their peers are becoming too reliant on the rapid flu tests and are ultimately misled into not treating sick patients.

Hayli is 9-years-old and came with her mother to the emergency room on September 21, complaining of a high fever. She was given the rapid flu test, which showed a negative result. Nevertheless, Hayli’s mother brought her back to the ER the next day when her fever reached 104 degrees. Again, doctors gave Hayli a rapid flu test that came out negative. Instead, the doctors diagnosed her with pneumonia and sent her home with antibiotics. By the next day Hayli was so sick that her mother had to carry her into the ER. Finally, doctors administered Tamiflu, the antiviral used to kill the H1N1 virus, but Hayli still couldn’t get better. Instead, she spent the next 43 days in the intensive care unit, struggling for her life.

During her stay at the hospital, doctors gave Hayli a DNA-based test that proved that she was infected with H1N1. The DNA test is highly accurate, but takes more time to process. But now more doctors are urging their peers to use this type of test instead of the rapid flu test. In fact, according to some studies the rapid flu tests is only accurate 50% of the time. Furthermore, doctors urge patients to watch for the following signs in their children to determine if they might have the H1N1 virus:

· Fast or troubled breathing
· Numb or blue finger or toes
· Can’t touch chin to chest
· Symptoms improve and then return
· A fever with a rash

The Centers for Disease Control estimates that out of the 8 million people under the age of 18 who contracted H1N1 between April and October, 36,000 were hospitalized and 540 died. Please remember the tips above if you are concerned that your child has the H1N1 virus.

Originally posted at InjuryBoard by David Mittleman

Connecticut AG Announces Suit Against CVS for Selling Expired Products

David Mittleman — Thu, 03 Dec 2009 10:00:00 GMT

New York Attorney General, Andrew Cuomo, recently sued and successfully settled with CVS for $875,000 after discovering that the pharmaceutical company was selling expired products at 60% of its New York stores. Now Connecticut Attorney General, Richard Blumenthal is following in a similar vein.

According to a statement from AG Blumenthal, his office is suing a unit of CVS Caremark Corp. for selling expired over-the-counter drugs and products in its stores in Connecticut. Specifically, according to his statement, investigators from his office found expired food, beverages, as well as the expired over-the-counter medications. In total, the expired merchandise was on sale in 20 or more CVS stores between 2008 and 2009.

A CVS spokeswoman claims that the company only became aware of a problem after it received notice of the suit from AG Blumenthal’s announcement on Monday. Nevertheless, the company maintains that the health and safety of its customers is its top priority and is committed to maintaining proper inventory management to ensure that expired products don’t sit on store shelves. However, the Connecticut branches may still face a similar fate to that of their New York counterparts.

Originally posted at InjuryBoard by David Mittleman

Public Interest Group Discovers Toys with Lead, Dangerous Chemicals Still on Store Shelves

David Mittleman — Mon, 30 Nov 2009 09:45:19 GMT

As the holiday season approaches many parents will travel to the stores, eager to swoop up the latest toys for their children. Luckily, a new law that bans six dangerous chemicals from children’s toys, as well as lowering the lead limit, will help to keep children safer this year. However, what many parents don’t realize is that a number of toys at major retailers still contain dangerous chemicals and high levels of lead.

According to a recently released report by the U.S. Public Interest Research Group (U.S. PIRG), many manufacturers are complying with the new regulations—but some still aren’t, and it is difficult for consumers to know the difference between safe and unsafe toys. U.S. PIRG sent 15 toys to independent laboratories for testing and found that four of the toys had excessive amounts of lead. Furthermore, two of the toys contained another dangerous chemical known as phthalates, which is widely found in plastic toys and has been linked to reproductive and other health problems. Congress overwhelmingly voted in 2008 to ban phthalates and to significantly reduce the amount of lead in children’s toys in response to the dangerously high levels of lead in toys imported from China during the last several years.

Despite the news that some toy manufacturers are still failing to comply with the new law, the U.S. PIRG stated that they “have seen substantial progress over the last year because of the new law and new leadership at the Consumer Product Safety Commission.” To help protect consumers and help them make wise choices in regards to the toys they purchase for their children, the U.S. PIRG has launched a tool with toy safety tips that parents can access via their cell phones.

Originally posted at InjuryBoard by David Mittleman

Amongst Other Dangerous Chinese Imports, ATVs Are Added to the List

David Mittleman — Wed, 25 Nov 2009 10:00:00 GMT

Here’s another product to add to the growing list of dangerous Chinese imports: besides contaminated pet food and toys coated in lead paint, all-terrain vehicles (ATVs) are the latest danger to consumers. What’s even more frightening is that this specific type of ATV is marketed to young children; in fact, children as young as six have reported using the Fushin ATV.

The Fushin ATV is painted bright yellow and offers bargain-shopping parents a welcoming price at $250. However, the Fushin is missing one important feature: front brakes. Furthermore, according to the Consumer Product Safety Commission, the Fushin also has sharp handlebars that could cause injury. Luckily, in May, the manufacturer agreed to a voluntary recall of the models. Nevertheless, that did not solve the problem as the CPSC discovered a shipment of the ATVs at a U.S. port of entry, where customs officials seized the items for failing to meet domestic safety standards.

In response to the $5 billion market for ATVs, the CPSC is launching a global campaign to improve the safety of the extremely popular product. The statistics surrounding ATVs are not encouraging: in fact, according to the CPSC, ATVs contribute to about 900 deaths per year. Overall, ATVs cause more deaths than any of the 15,000 other products the commission regulates.

Originally posted at InjuryBoard by David Mittleman

Florida Jury Lights Up Big Tobacco for $300 Million

David Mittleman — Tue, 24 Nov 2009 13:49:02 GMT

In a clear message to the cigarette manufacturer, Philip Morris, a Florida jury has ordered the company to pay $300 million in damages to ex-smoker, Cindy Naugle, who is wheelchair-bound due to her emphysema. The verdict represents the largest in the series of Engle-Progeny cases tried to date.

Naugle will receive $56.6 million in past and future medical expenses as well as $244 million in punitive damages. Nevertheless, Philip Morris has already stated that it will seek further review of the verdict, arguing that there were “numerous erroneous rulings by the trial judge” and that the punitive damages award was “grossly excessive”.

Naugle’s is but one of the 8,000 individual cases brought against big tobacco since a 2006 Florida Supreme Court ruling that tossed out a massive class-action lawsuit that covered some 700,000 smokers. Despite the dismissal of the class action suit, the high court allowed members of the class to file individual complaints. Also, the high court allowed the initial jury’s finding that big tobacco knowingly sold dangerous products and hid risks from people to be presented in Ms. Naugle’s trial. The initial suit that was overturned by the Florida Supreme Court, Engel v. Progeny, resulted in damages of $145 billion.

Originally posted at InjuryBoard by David Mittleman

Proctor & Gamble Recalls Vicks Sinex Nasal Spray

David Mittleman — Sun, 22 Nov 2009 10:00:00 GMT

Proctor & Gamble has recalled approximately 120,000 bottles of Vicks Sinex nasal spray after the company discovered bacteria in some test samples of the product. The specific bacteria, B. cepacia, can be harmful to individuals with chronic lung problems or weakened immune systems.

Three lots of the nasal spray were sent to the United States, Germany, and the United Kingdom. Thus far, bacteria was only discovered in the batch sent to U.S. stores, however the company is also testing samples from the German and U.K. batches since the spray was produced from the same raw material mixture as the U.S. batch.

Company spokesman Tom Millikin described the recall as voluntary and also reported that no illnesses have been reported in relation to the bacteria in the nasal spray. However, P & G states that consumers should not use the spray and should call the company for a replacement coupon. The company has also notified The Centers for Disease Control.

Originally posted at InjuryBoard by David Mittleman

Great American Smokeout: Many Reasons to Kick the Habit

David Mittleman — Thu, 19 Nov 2009 15:35:35 GMT

Maybe we can blame the bad economy, but no matter whatever or whoever is at fault, the fact is that more Americans are smoking cigarettes. In fact, a recent report by the Centers for Disease Control found that after years of declining, the number of American smokers is back up again.

There are many good reasons to quit, but many smokers struggle to kick the habit for good. Indeed, according to the American Cancer Society, there are at least 12 important reasons to quit smoking. For example:

1. Smoking fogs the mind: a 2008 study in the Archives of Internal Medicine, found that smoking during middle age is linked to memory problems and lessened reasoning abilities.
2. It may bring on diabetes: according to a 2007 analysis published in the Journal of the American Medical Association, current smokers have a 44% greater chance of developing Type 2 diabetes.
3. It invites infections: the CDC argues that there is strong data to suggest that smokers are more susceptible to pneumonia-causing bacteria than nonsmokers because smoking causes damage to the mucous membranes, making it easier for infectious organisms to latch on.
4. It may affect your sex life: simply stated, smokers are more likely to experience erectile dysfunction than nonsmokers. Furthermore, the severity of this problem increases as the number of cigarettes smoked per day also increases.
5. It may lead to wrinkles, and not just on your face but also on other areas such as the arms.
6. It may hasten menopause: according to a 2001 Surgeon General’s report, women smokers experience natural menopause at an earlier age than nonsmokers. Furthermore, a 2004 report indicated that women smokers also faced increased infertility when compared with nonsmokers.
7. It can dull vision: according to several studies in the medical journal Eye, active smokers face a 2 to 3 times greater risk of developing macular degeneration.
8. It hurts bones: smoking weakens the skeleton and can lead to increased incidence of osteoporosis in postmenopausal women. Furthermore, smokers of both sexes experience more hip fractures than nonsmokers.
9. It can damage the internal organs: specifically, cigarettes can damage the digestive system, leading to heartburn, peptic ulcers, and gallstones.
10. It may contribute to a poor night’s sleep: according to a study in the medical journal, Chest, smokers are four times as likely to experience nonrestorative sleep than nonsmokers, leading to that feeling of grogginess in the morning.
11. It shaves years, and quality, off of life: male smokers live, on average, 10 years less than their nonsmoking counterparts. Moreover, the nonsmokers experienced a better quality of life than the smokers.
12. Smoking causes cancer: in 2004, the CDC released a report linking cigarettes to more than 2 million diagnoses of cancer between 2001 and 2004 in the U.S.

Today is the American Cancer Society’s 34^th annual Great American Smokeout, and in an effort to get more Americans to stop smoking, they offer the following resources: visit the ACS webpage for tips on how to quit for good, or call the ACS Quitline at (800) 227-2345. According to Tom Glynn, director of cancer science and trends at ACS, phone counseling can double the chances of a smoker’s quitting success.

Originally posted at InjuryBoard by David Mittleman

Recent Michigan Taser Incidents Cause Concern for Safety, Use of Force

David Mittleman — Tue, 17 Nov 2009 17:11:31 GMT

Two recent incidents involving the use of Tasers have grabbed headlines throughout Michigan and around the country, again raising doubts about the safety of the product and its use by law enforcement officials. Generally considered a "less-lethal" way of subduing unruly suspects, the use of Tasers has engendered serious controversy in recent months.

Earlier today, a young man in East Grand Rapids, Michigan, died in police custody after being Tasered. Early reports suggest that Matthew Bolick, 30, was Tasered twice during a struggle with local police officers.

Late last week, a Lansing, Michigan, police officer was reprimanded for Tasering a suspect who had already been handcuffed. Rocky Allred, 43, fell to the ground after the weapon was used on him, fracturing his jaw, chipping a tooth, and requiring eight stitches. The incident occurred back in August, and charges against Allred have been dismissed. The officer has been suspended for two weeks without pay for the appalling violation of police policy.

In late October, police in Traverse City, Michigan Tasered a 17-year-old girl following a traffic stop.

The recent spate of Taser-related injuries and deaths is by no means limited to Michigan. Injuries stemming from the use of the device have been reported across the country.

Originally posted at InjuryBoard by David Mittleman

Studies Link BPA to Erectile Dysfunction

David Mittleman — Tue, 17 Nov 2009 12:37:20 GMT

According to researchers Bisphenol-A or BPA can be dangerous to men’s reproductive health. BPA is a common compound found in most plastic containers (baby bottles, laptops, and microwave containers) and tiny amounts circulate in 90% of the bodies of most Americans. However, a team of Chinese and U.S. scientists argue that BPA has been linked to erectile dysfunction in men.

Six years ago De-Kun Li, a senior scientist at Kaiser Permanente’s research arm, became alarmed at a steady stream of scientific studies that showed that BPA altered the reproductive organs of rates and mice. However, there is another side to the debate. In fact, some statisticians, toxicologists and endocrinologists question which research animals are really relevant to humans and their subsequent diseases.

Li knew that he would have to find some human evidence to help overcome the defenses against the toxicity of BPA. He couldn’t obviously create a study that involved exposing humans to BPA, so he did the next best thing. Li found four factories in China where large quantities of BPA are generated. There he discovered that the men who were exposed to the highest levels of BPA had more sexual dysfunction. Furthermore, when compared to men that didn’t work at the factory, the factory workers had four times the rate of erectile dysfunction. Additionally, the factory workers complained of ejaculation problems seven times as much as their non-factory worker counterparts.

Nevertheless, the workers were exposed to BPA in a much different way than most consumers: they inhaled the BPA instead of eating from plastic containers that contain the compound. Thus, BPA is merely a contaminant in foods for regular consumers, and the compound must pass through the digestive track first. “Raw” BPA can still be found in the bloodstream of most average consumers, but not at the same concentration levels of the factory workers. The question is how much BPA is necessary to harm the male reproductive system? While this question goes unanswered, it is unlikely that manufacturers will change their regular habits of using BPA in their products.

Originally posted at InjuryBoard by David Mittleman

CVS Pharmacy Settles with NY Officials After Selling Expired Products

David Mittleman — Wed, 11 Nov 2009 10:33:31 GMT

New York Attorney General, Andrew Cuomo, recently announced that CVS Pharmacy, Inc. has agreed to pay $875,000 in settlement costs after the company sold expired products. The officials discovered that CVS was selling expired products, including food, medicine, and baby formula, after canvassing 60% of CVS stores across New York State. Some of the expired products were over 2 years outdated.

CVS has had similar problems in the past: in fact, the lawsuit accused the company of breaching a prior agreement with New York officials to stop sales of expired products. CVS spokesman, Mike DeAngelis, recently stated that the company is committed to keeping expired products off of store shelves. However, he declined to admit any wrongdoing and also added that he is unaware of any customers who were harmed from using expired products.

Cuomo experienced similar problems with other stores in the past. The most recent case involved Rite Aid, which settled with New York officials in 2008.

Originally posted at InjuryBoard by David Mittleman