Fort Lauderdale Injury Lawyer Blawg

Just yesterday, Johnson & Johnson announced a recall of Tylenol Extra Strength Caplets. In total, 60,912 bottles were recalled. The recall was announced after the company received reports of an "offensive odor". As readers of this blog will remember, Johnson & Johnson recalled Topamax in April because of a similar odor issue. As a Pembroke Pines Products Liability Injury Lawyer, I felt that it was important to bring this recall to my readers' attention since so many of us take Tylenol Extra Strength Caplets with regularity. Obviously this musty odor is not what we expect from our medication and it clearly falls short of the expectations that we have from Johnson & Johnson to deliver a quality product.

According to the Johnson & Johnson Tylenol Extra Strength Caplets Recall Announcement, no injuries have been associated with this latest product recall. This is great news and hopefully all of the pills can be recalled without anyone suffering harm. The odor that consumers are noting is a chemical known as 2,4,6-tribromoanisole, or TBA for short. This chemical is actually a by-product of a chemical used to treat shipping pallets. As a Pembroke Pines Injury Attorney, I think that it is worth nothing that Johnson & Johnson has been having numerous recalls linked to TBA and unexpected odors. Clearly this is an issue for the company that they need to resolve immediately.

For those who would like to check if their bottle of Tylenol Extra Strength Caplets is one of those recalled, be sure to visit the Tylenol Recall Announcement link above. By visiting that website you will be able to compare your lot number with the lot number that was recalled. As a Pembroke Pines Injury Lawyer, and as a consumer, I truly hope that Johnson & Johnson can resolve this TBA issue once and for all, because there just simply have been too many recalls linked to this issue already.

The Schulman Law Group is a personal injury law firm located in Weston, FL that is committed to representing personal injury victims, including victims of Pembroke Pines products liability accidents. Please visit our website at www.schulaw.com. For a free consultation, please call us at (877) LAW-0444 or email us.

Last week, Endo Pharmaceuticals and the FDA announced the recall of two lots of Endocet. Endocet is a painkiller and the recall was announced after discovering that certain bottles might contain a higher dosage of acetaminophen than what the product is indicated to contain. As stated, the recall affects two lots of 100 count bottles of the painkiller. As a Plantation Products Liability Injury Attorney, I am happy to report that there haven't been any injuries associated with this recall. That is very fortunate news because this incident could have caused some serious consequences.

According to the FDA Endocet Recall Release, the tablets that contain the higher dosage of acetaminophen could cause liver toxicity or even liver damage for certain people based on their alcoholic consumption or other medications that they take. As a Plantation Accident Lawyer, I can say that Endo Pharmaceuticals is very fortunate that no one suffered injury as a direct result of the defective drugs. As mentioned, the symptoms that one could suffer are quite severe and any injuries could pose a significant legal problem for the company.

Fortunately, the total number of bottles being recalled isn't tremendously large, otherwise the likelihood of someone becoming ill would dramatically increase. Hopefully everyone who takes this medication becomes aware of the recall and those who have the defective tablets find out about the mistake prior to consumption. As a Plantation Injury Lawyer, I just wanted to do my part to alert those who might take this medication about this recent Endocet recall.

The Schulman Law Group is a personal injury law firm located in Weston, FL that is committed to representing personal injury victims, including victims of Plantation products liability accidents. Please visit our website at www.schulaw.com. For a free consultation, please call us at (877) LAW-0444 or email us.

Just yesterday, it was announced that approximately 900,000 bottles of Rugby Children's Pain and Fever Concentrated Drops were recalled. This is a nationwide recall for the defective units sold across the country since 2009. The recall was initiated because of inadequate child-resistant packaging. As a Fort Lauderdale Products Liability Injury Lawyer, I am pleased to report that there haven't been any injuries associated with the non-child-resistant units.

According to the CPSC Rugby Children's Pain and Fever Concentrated Drops Recall Release, the product is sold as a bottle and dropper package with a screw-on cap. The issue is with the dropper since it is not child-resistant and it can be used instead of the cap. As a Fort Lauderdale Personal Injury Lawyer, I can say that this presents an issue because if the dropper is used as the cap, a child could unscrew it. Obviously this presents a significant risk of injury for children, which is why this recall is necessary.

The recalled product contains acetaminophen and in accordance with the Poison Prevention Packaging Act, all products that contain acetaminophen must have child-resistant packaging. Thus, since the dropper is not child-resistant, the 900,000 bottles had to be recalled. Hopefully parents can keep these products out of their child's reach and hopefully this recall can be completed injury-free.

The Schulman Law Group is a personal injury law firm located in Weston, FL that is committed to representing personal injury victims, including victims of Fort Lauderdale products liability accidents. Please visit our website at www.schulaw.com. For a free consultation, please call us at (877) LAW-0444 or email us.

Just a few days ago, Simply Thick, LLC announced the recall of some of its thickening products. This recall was initiated because according to the FDA, one of the plants where SimplyThick is manufactured, "failed to file with the FDA a scheduled process designed to ensure that vegetative cells (harmful bacteria) of possible public health significance are destroyed during the manufacturing process." As a Weston Products Liability Injury Attorney, I wanted to discuss the recall of SimplyThick since I wrote about the FDA Warning a couple of weeks ago. The link to my post on the SimplyThick FDA Warning can be found here.

The recall only affects SimplyThick products that were manufactured at the Stone Mountain, Georgia plant owned by Thermo Pac, LLC. It seems likely that the FDA discovered this bacteria issue while conducting research with regards to the SimplyThick Warning. As a Weston Personal Injury Lawyer it will be interesting to see where this goes from here since this is the second issue with SimplyThick in just a few weeks. Certainly all of this negative news cannot be good for the company from a marketing and public relations standpoint.

For instructions on identifying the SimplyThick products made in Stone Mountain that are affected by the recall, you can check the FDA SimplyThick Recall Release here. It is not known at this time how many units are affected by this recall. From a Weston Injury Lawyer's perspective, hopefully the issues with SimplyThick can be resolved and no more potentially dangerous products get into the hands of consumers. I'll follow this recall for updates to see how things progress.

Yesterday, Bristol-Myers Squibb announced a recall of the blood thinner Coumadin. The reason for the Coumadin recall is that one production lot was found to have too high of a potency, which could in effect cause a blood thinner overdose. Clearly, this is a very serious issue and this recall is quite frightening. As a Pembroke Pines Products Liability Lawyer, I know many people who take this medication and some of my readers might as well. Thus, I felt that it was important to alert as many people as possible about this issue.

According to the FDA Coumadin Recall Release, "Patients who may have 5 mg tablets should not interrupt their therapy but should seek advice from their pharmacist to see if they have tablets originating from the affected lot." As of yet, there reportedly haven't been any instances of harm from the Coumadin recall and hopefully that remains true. As a Pembroke Pines Personal Injury Lawyer, what scares me the most about this recall is that the high potency of the recalled Coumadin could create an increased risk of bleeding. This is clearly not the intended effect of the drug, which is why it could cause serious harm.

We trust our medication to function properly and to help us, but it is cases like this one that remind us of the potential harm that they can cause if they are defective. Hypothetically speaking, from a Pembroke Pines Personal Injury Lawyer's perspective, it can be said that drug manufacturers have a duty to only sell medication that is beneficial for our health. In the case of a recall of a defective drug, if proven to be a dangerous drug, the manufacturer has breached that aforementioned duty. One can only hope that no injuries result from this potentially dangerous scenario and that all users of Coumadin check with their pharmacist as recommended by Brystol-Myers Squibb and the FDA.

Last week, a jury in Virginia awarded $212 million to Douglas M. Ray as a result of his lawsuit against Allergan Inc. Mr. Ray claimed that the unforeseen side effects of the Botox injections that he received in his hand later caused him to suffer permanent brain damage. He further claims that Allergan Inc. failed to warn consumers of the potential risk of brain damage from Botox injections. As a Fort Lauderdale Brain Injury Attorney, this seems to be a monumental case, and could set a precedent for the future, depending on whether or not the manufacturer appeals the ruling. Moreover, Mr. Ray's injuries are simply heartbreaking and I feel for him and his family.

Going back to the prospect of an appeal, Bloomberg is reporting that Allergan, Inc. is considering an appeal of the verdict. Part of the reason for the potential appeal is that Virginia state laws cap punitive damages at $350,000. The original award was for $12 million in compensatory damages and $200 million in punitive damages. As a Fort Lauderdale Personal Injury Attorney, I will be very curious to see if Allergan, Inc. files an appeal, as well as what the ultimate ruling on the punitive damages cap will be.

Mr. Ray's lawyer alleged that Allergan, Inc. was ware of the potentially harmful side effects and failed to sufficiently explain those dangers to doctors and patients. He further alleged that Allergan, Inc. failed to warn in order to avoid losing current and future sales because of their admission of the dangers.

From a Fort Lauderdale Personal Injury Lawyer's perspective, I believe that in any circumstance a company has a duty to warn consumers of any potential harm that they may suffer, because that is simply the right thing to do. I can't give my opinion on this case without knowing all of the details, but the award certainly demonstrates that the jury believes Allergan, Inc. failed to warn Mr. Ray of the potential for brain injuries from using Botox.

Last week, Johnson & Johnson announced a recall of 57,000 units of Topamax. The recall of the prescription epilepsy medication stems from multiple reports of an "uncharacteristic odor" which is apparently linked to trace amounts of tribromoanisole, or TBA for short. According to the Johnson & Johnson Topamax Recall Notice, "TBA is a byproduct of a chemical preservative sometimes applied to wood often used in the construction of pallets on which products are transported and stored." As a Fort Lauderdale Products Liability Attorney, I understand the severity of this recall, because we trust our medication to be beneficial for our health, when in certain cases like this one, it might actually be detrimental. Luckily, as of yet there haven't been any overly serious illnesses reported, just some incidents of stomach pain among other like symptoms.

For those who might be affected by this recall, you can find the FDA Topamax Recall Release here. Along those lines, as a Fort Lauderdale Products Liability Attorney, I truly hope that this recall is a precautionary measure and that no one who takes this medication experiences any harmful side effects. The recall is contained to only two production lots, but that is still 57,000 bottles, which means that a lot of people could potentially be affected if the odor is linked to something more serious.

Hopefully anyone who takes this medication receives word of the recall before continuing to take it. As a Fort Lauderdale Personal Injury Attorney, I have seen first hand cases of what can happen when our medicine isn't safe and the consequences are sometimes very severe. A recall is always necessary to alert the public of the potential harm and to attempt to remove the product from the shelves before other people purchase it.

Unfortunately, recalls have become far too common for Johnson & Johnson recently. The Wall Street Journal has even been keeping a list of all recent Johnson & Johnson recalls. From a Fort Lauderdale Personal Injury Lawyer's perspective, this string of recalls clearly isn't good for Johnson & Johnson and not good for consumers because these allegedly defective products should not be making it to the marketplace with such frequency.

Public Citizen, which is a consumer watchdog organization, has filed a petition with the FDA to ban the weight-loss drugs Xenical and Alli. The group is arguing that the weight-loss drugs might cause harm to the kidney and to the liver. As a Pembroke Pines Products Liability Attorney, it will be interesting to see whether the FDA decides to remove the products from shelves nationwide. A few days ago, on April 14th, Public Citizen sent its Xenical and Alli recall petition to the FDA. Public Citizen believes that the harmful side effects of active ingredient in the drugs, which is called orlistat, far outweigh the potential benefits.

Just a few days prior to the petition, there was a study published in the Archives of Internal Medicine in which 2% of Xenical users were hospitalized for kidney problems after they began taking Xenical. From a Pembroke Pines Products Liability Lawyer's perspective, it is also very interesting to read that Public Citizen searched the FDA's database and found that the weight-loss drugs in question are linked to at least 47 cases of acute pancreatitis and 73 cases of kidney stones. These are alarming numbers since the conditions associated with the drugs are so serious.

Furthermore, in May of last year, the FDA reported that they had received 13 reports of severe livery injury from people who had taken Xenical or Alli. Unfortunately, two of those people died and three others needed liver transplants. As a Pembroke Pines Personal Injury Attorney, these reports are obviously very scary and I sympathize with the families who were affected by the side effects of the previously mentioned weight-loss drugs. I will follow this petition and see if the FDA decides to remove Xenical and Alli from the marketplace.

Last week, the parents of a 4 year old boy, Isaiah Harris, filed suit against Walt Disney Parks and Resorts as a result of the severe burns that he suffered while at the park. The family and their personal injury attorney are claiming that the burns were the result of "scalding nacho cheese" from Orlando's Magic Kingdom last March. Many families in Weston, Sunrise, and Plantation take trips to Disney World each year, so I'm sure this story is relevant to many in our South Florida community.

According to the family's attorney, the young boy was injured at Cosmic Ray's Starlite Cafe when a paper cup of scalding nacho cheese splashed on his face after he tried to grab the table while falling out of a wobbly chair. The lawsuit alleges that the boy, Isaiah, suffered "permanent scarring, pain and suffering" as a result of the burns, and that his parents, Michael and Maria, suffered "serious emotional distress." This case reminds us of the famous "McDonald's coffee case" from 1994, which I'm sure many in the South Florida area remember. The personal injury lawyer went on to say that, "The cheese should not have been that hot," and that "Nobody has a reasonable expectation that it be served at a temperature causing immediate and severe burns on contact."
This case is an example of catastrophic and traumatic injuries. As a result of Disney's alleged negligence, Isaiah experience horrible pain and suffering. What makes matters even worse is that Isaiah is a young boy. Injuries are always devastating, but when a child suffers personal injuries, that is truly a heartbreaking situation.

The family is alleging that the "scalding" hot nachos are a defective product, otherwise known as a products liability lawsuit. Their personal injury attorney is alleging that a reasonable person would not expect the nachos to be that hot and that serving the nachos at that temperature is likely to cause serious injury. It will be very interesting to follow this case and to see if the court rules in favor of the plaintiff, much like it did in the (very misunderstood) McDonald's coffee case.

Continue reading "Weston Injury Lawyer Discusses A Burn Injury Case" »

This week, the National Highway Traffic Safety Administration concluded that the sudden acceleration problem in Toyota and Lexus cars was not the result of electronic failures. The reason that is big news is because it confirms the original belief that the issues stemmed from mechanical problems.

The Toyota recalls are examples of several types of legal issues. Unfortunately, many people in the South Florida and Fort Lauderdale, Florida were affected by the product defects, in which the floor mat interfered with braking or the accelerator pedal was sticking. This is the products liability aspect of the recall. Simply put, the Toyota product was defective and dangerous, affecting drivers in Fort Lauderdale and throughout the country.

The Toyota defective product also resulted in numerous car accidents. If the crash was the result of the malfunctioning pedal, then Toyota may be liable for the injuries and damages, because of its alleged negligence of Toyota to bring a faulty product to the marketplace. An unexpected car crash where the car suddenly accelerates is absolutely terrifying, and the impact of such a crash can result in severe injuries. Again, Toyota may be liable for the injuries that the victims suffered, if the alleged defective Toyota car was the reason for the crash.

We have heard several horrifying stories about those injured by the Toyota sudden acceleration problems, not only locally in Weston, Pembroke Pines, and Plantation, but also in many other cities throughout Florida and the country. We hope that the automotive industry uses this terrible incident as an opportunity to improve safety standards, ensuring that only the safest and highest quality cars pass quality control testing.

Continue reading "Pembroke Pines Toyota Accident Cases Linked to Products Failure?" »

A woman from Orem, Utah, who became extremely ill after eating spinach containing E. coli, has settled her multimillion dollar lawsuit against the companies responsible for her injuries. Chelsey Macey nearly died after eating Dole pre-washed baby spinach in 2006. She developed a very severe case of "post-infectious irritable bowl syndrome." Her lawyers, backed by the testimony of medical experts, argued that her condition is permanent and that she will be permanently disable.

Dole, among other companies, has accepted liability for the tainted spinach. Mrs. Macey suffers from "gripping abdominal pain and fatigue", which keeps her from doing normal activities such as working, going to school, or taking care of her household. Part of Mrs. Macey's pain and suffering includes her shyness about shopping or eating out due to her fear of losing control of her bowels.

As the jury ruled, Dole and the other companies are liable for Mrs. Dacey's injuries and pain and suffering. This E. coli is an example of products liability and Mrs. Dacey's injuries were the result of Dole putting a product in the market that was not suitable for human consumption. Had the spinach never reached the supermarket, Mrs. Dacey would not have developed this condition and she would not be suffering for the rest of her life. Unfortunately, cases like this are common, but The Florida Injury Lawyers have extensive experience litigating products liability cases in the South Florida area.

The reason this is a product liability matter is that Dole and the other companies had a duty to sell a safe product. By selling spinach that was contaminated with E. coli, they breached that duty and the contaminated spinach was the cause of Mrs. Macey's personal injury. Finally, she suffered injuries, which is why she was able to seek and collect damages.

Continue reading "Food Poisining Lawsuits - The Right to Bring a Lawsuit in Florida" »

The products liability attorneys are alleging that DePuy should have known of the high percentage of failure in many of the patients who have received these implants. Common symptoms associated with many of the patients complaining of these failures have been: symptoms associated with sever pain, inflammation, necrotic tissue and bone, partial or complete loss of range of motion or mobility and the need for revision to excise and replace the implant, causing more significant issues for longer recoveries, and of course, the associated risks of all the known and predictable complications arising from such surgery, including death.

Products liability attorneys are alleging that DePuy and Johnson & Johnson have received hundreds of complaints made to the Food and Drug Administration (FDA) in 2007 through 2008, but didn't issue a recall until late August of 2010. The suits also allege that DePuy has offered doctors $50.00 for obtaining their implant recipient's consent to receive their medical records; and are requesting doctors to return the implants that have been removed.

Continue reading "Claims for Faulty DePuy Hip Prosthesis - Fort Lauderdale Products Liability Lawsuits Part II" »

Recent reports have begun emerged regarding the products liability suits that will be brought with regards to DePuy's Hip Replacements. DePuy is a unit of Johnson & Johnson, a company; no stranger to this Fort Lauderdale Injury Attorney and as has been mentioned in many of our blog discussions; as well as through our years of representing prior product injury clients.

Apparently, there are many recipients of the Articular Surface Replacement, the Hip Replacement Device or Implant from DePuy, who are claiming to develop unusual pain. Even possibly more disturbing is the fact that their surgeons, who are replacing the DePuy Orthopaedics and implants, have discovered mysterious masses of dead or necrotic tissue near the patient's thighs. A number of the patients have been alleged to have had high levels of cobalt ions in their blood, causing concern over poisoning risks. Due to the many lawsuits that are being filed, the U.S. Judicial Panel on Multi-District Litigation has consolidated the suits into the Northern District of Ohio.

Continue reading "Fort Lauderdale Florida Hip Replacements - Patients at Risk With DePuy Hip Prosthesis - Products Liability Lawsuits Part I" »

Continuing with the previous discussion by the Fort Lauderdale Products Liability lawyer's concern over John & Johnson's safety concerns over their products is the report about TBP. TBP is a pesticide and flame retardant employed for the treatment of transportation pallets. The discovery of this contamination which occurred in both 2008 and 2009 caused the recall of several lots of Tylenol Arthritis Relief Caplets. The FDA advised the president of McNeil Consumer Healthcare that the company did not conduct a timely, comprehensive investigation, and that they were unjustifiably delayed and terminated prematurely.

There was also discussion of complaints of uncharacteristic odor received in August of 2009 and that the pharmaceutical manufacturer knew of these but failed to share the information with the FDA. The Food and Drug Administration specifically admonished Johnson and Johnson for not having taken appropriate actions to address these issues. Johnson and Johnson issued a recall in April of about 136 million bottles of liquid children's Tylenol and in January recalled millions of bottles of Tylenol, Motrin and other products.

A United States Congressional Committee and the FDA's Office of Criminal Investigation are both individually investigating these recalls. Interestingly, As recently as November the company has recalled 9 million bottles of liquid Tylenol Cold Multi Symptom in addition to 71,000 packages of Rolaids Soft chews as well as 4 million packages of Benadryl and 850,000 bottles of Motrin. McNeil has responded that these were wholesale and retail recalls and were no undertaken because of potential health risks.

Continue reading "Fort Lauderdale Injury Lawyer's Concerns over Rolaids - Part II" »

Once again, the pharmaceutical giant Johnson & Johnson is in the news for a potential product liability. The Weston Personal Injury Attorneys have recently been made aware that Johnson & Johnson is recalling several of its Rolaids products because of reports of foreign objects within the over the counter medicine. Claims have reported findings of metal and wood particles inside of the Rolaids products. Several of the products they manufacture have been identified as being potentially dangerous; including Rolaids extra strength soft chews; Rolaids extra strength plus gas soft chews; and Rolaids multi-symptom plus anti-gas soft chews.

Yet it appears as though Johnson & Johnson is apparently denying responsibility. They are alleging that foreign matter in their drugs may have been potentially introduced into the products by an outside manufacturer. Nevertheless, Johnson & Johnson has allegedly suspended production of the questionable products.

Johnson & Johnson is no stranger to product liability failure cases. Furthermore, McNeil Consumer Healthcare, a division of Johnson and Johnson has had to recall literally millions of its bottles of the popular over the counter drug Tylenol due to alleged manufacturing flaws. The Food and Drug Administration issued a report citing a myriad of issues with regards to quality failures, failure to identify product defects during testing, failure to discern improper expiration dates on labels, inappropriate investigations and below adequate training of lab staff as well as for failure to obey laboratory controls. The FDA had issued a warning letter to the manufacturer earlier this year on January 15, 2010 by certified mail, discussing specific violations that were observed during the inspections, including the manufacturer's failure to investigate or control discrepancies in violation of 21 CFR Section 211.192. There were concerns of "uncharacteristic odor" complaints, possibly associated with gastrointestinal distress and that allegedly several of the pharmaceutical manufacturer's over the counter drug products may have had contamination in the product or the bottles. A contaminant referred to as degradant of 2,4,6 Tribromophenol (TBP).

Continue reading "A Fort Lauderdale Injury Attorney's Concern over Dangerous Products" »