Recently in Defective Products Category

Thousands of Recalled Products Posing Injury Risks in Highland

July 27, 2012

We want to do everything we can to keep our loved ones safe. One of the best ways to do this is to frequently check the latest product recalls from the U.S. Consumer Product Safety Commission (CPSC).

Our Highland personal injury attorneys are asking all residents to take a glance at the latest recalls to help identify any dangerous products that might be in your home. Every year, thousands are injured by defective products -- and hundreds of consumers are recalled by the manufacturer or the federal government. Many of these products are marketed for use by children.

Stay up to date with these recalls to help to reduce the risks of injuries.
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Kolcraft Strollers:

Nearly 40,000 of these products have been recalled in the U.S. and another 300 in Canada because the strollers pose serious fingertip amputation and laceration dangers. What can happen is a kid's finger can get caught in the opening that is formed when locking and unlocking the hinge used to adjust the handlebars on the strollers. There have already been three child fingertip amputations and a number of adult injuries reported. If you have one of these strollers, you should call the company to get more information on a free repair kit. Call (800) 453-7673.

Black & Decker Coffeemakers

Nearly 160,000 Spacemaker™ 12-Cup Programmable Under-the-Cabinet Coffeemakers have been recalled by Black & Decker. What can happen is the coffee pot handle can break. When this happens, users are subject to serious cut and burn injuries. There have already been nearly 1,300 reports of the handle breaking and another 70 injury reports. If you have one of these pots, contact the company at (866) 708-7846 for a free replacement.

Downeast Concepts' Beach Chairs:

There are nearly 15,500 folding beach chairs that are being recalled because they pose serious laceration dangers to children. The metal rivets on the chairs are exposed and can cut young ones. There have already been injuries reported to the company. If you have one of these chairs, please discontinue use and call the company for a full refund. Call (800) 343-2424.

Rigo's Children's Lounge Pants and Boxers:

More than 210,000 children's Pull-On Lounge Pants and Girls Boxers have been recalled by Rigo International Inc., of Los Angeles because the clothing fails to meet the federal flammability standards for children's sleepwear. These items pose a risk of burn injury to children. There has already been one report submitted to the company. The legs of a 9-year-old were burned in an accident. If you have any of these items, contact the company for a full refund. Call (888) 229-1292.

You're urged to check the list of recalls from the CPSC frequently to make sure that there are no dangers lurking in your home. Share these recalls with your friends and family members to help to keep everyone safe!

Continue reading "Thousands of Recalled Products Posing Injury Risks in Highland " »

Gulf Underwriters Ins. Co. v. Burris, et al. Warns Big Business Not to Make "Futile" Arguments in Indiana Product Liability Cases

April 2, 2012

In society right now there is an ongoing discussion about "Main Street v. Wall Street." So many innocent individuals are losing their rights because of the power of big business.

If you have been injured because of defective products in Highland, having your voice be heard is important not only to your family, but others like you.
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Our experienced Highland injury attorneys understand what it takes to fight big business to get you the award you deserve.

Gulf Underwriters Ins. Co. v. Burris is a Minnesota case between an injured plaintiff and an insurance company over injuries sustained due to a defective product. Burris ("plaintiff") fell off a ladder manufactured by Versa and sustained serious injuries. Versa had a commercial general liability insurance policy and a "Self Insured Retention" ("SIR") endorsement with Gulf Underwriters Insurance Company ("Gulf"). Because of this policy, Burris sued Gulf for the policy limits they had in coverage for Versa.

The problem in this case arose when Gulf filed a motion for summary judgment claiming that because Versa had not complied with their obligations under the SIR potion of the policy, the plaintiff was not entitled to any benefit as a third party.

Upon examining the evidence the court did find that Versa dissolved after expiration of the policy. However, the question was whether this was a material breach of the contract for coverage under this policy. Furthermore, the court was charged with analyzing how the effects of a material breach on the insurance coverage available to third parties.

Insurance policies are often extremely confusing and full of vague terms. And Gulf's policy was not any different in this case. The court actually printed this policy in the decision to show the way key terms were used interchangeably to contradict each other. Also, the court noted that portions of this policy that were inconsistent with Gulf's contentions were left out of their previous court briefs and memorandums.

In the policy involved in this case, there was a provision that stated that regardless of compliance with obligations of the SIR, all of the provisions of the general insurance policy apply. Therefore, the court found that the amount of the coverage could be affected by non-compliance with SIR, but not the fact that coverage was available would remain a constant.

A central concept in most cases is contract law. Establishing the type of contract at question is critical in determining what law applies. A contract consists of an offer and acceptance. In order to have acceptance, there needs to be a meeting of the minds. A contract is considered executory where a contract is created but not executed because further performance by one or both of the parties is still required. Gulf argued that because Versa was not up to date with payments, this policy was an executory contract and Gulf was released from coverage obligations in accidents associated with Versa's defective products. The court here classified this as a "futile attempt" to avoid liability, and cited case law which is followed by "every court" in the county.

In Vandeveer, the court held that , "insurance policies for which the policy periods have expired and the premium has been paid are not executory contracts." In re Vanderveer Estates Holding, LLC, 328 B.R. 18, 26 (Bankr. E.D.N.Y 2005).

For the reasons stated above, this court found that this policy was not an executory contract and Gulf did not provide the court with any evidence that the contract was breached by Versa. Therefore, the defendant motion for summary judgment was dismissed and the case was remanded to the lower court.

It is very important to understand that all attorneys are responsible for the work they submit to the court. There is an obligation for attorneys to present relevant state and federal statute as well as case law that supports and contradicts their contentions. In this case the court found that the attorney was withholding information that could be detrimental to their case and they found that an award of attorney fees for the plaintiff's attorney was a proper punishment.

Continue reading "Gulf Underwriters Ins. Co. v. Burris, et al. Warns Big Business Not to Make "Futile" Arguments in Indiana Product Liability Cases " »

Patient Warning for Prescription Drug Use

August 2, 2011

Prescription drugs are often a target of litigation for a variety of reasons. In some cases, risks relating to prescription drugs are not disclosed to the patient through the drug label so patients cannot truly make an informed decision about the drug to weigh the risks against the benefits. In these cases, a lawsuit may be appropriate if the patient experiences a serious illness when the risk becomes a reality. In other cases, the drugs are not properly manufactured which may lead to an improper dosage that may pose a risk to a patient.   There are other several reasons why a lawsuit may be brought against the manufacturer of a drug when it relates to a life threatening illness that a patient encounters after taking the drug.     So, the following tips are designed to assist in in preventing the risk of a life threatening illness from a prescription medication.

  • Ask your physician to describe the risks and benefits associated with the medications you are being prescribed.
  • View your prescription before you leave your physician’s office. If the names of the drug, dosage or directions are not legible to you, ask the physician to clarify and write it down for your own records.
  • When you receive your medication, ask the pharmacist to describe what you are taking the medication for and review the instructions with them.
  • Check your drug tablets to see if they are the same as you have received in the past.
  • If you experience side effects from a drug, report it to your physician immediately.
  • If you are receiving more than on prescription or are already taking medication make sure that the pharmacist discusses interaction risks with you.

 

Burton A. Padove  is currently accepting cases involving  Avandia,  Levaquin and Yaz.   Although he primarily practices in the Chicago area, in Lake County  and Porter County, Indiana as well as Cook County, Illinois,  Mr. Padove represents injury victims throughout Indiana and Illinois, including Marion County and Indianapolis, Indiana.  He can be reached at (219) 836 2200.  You can visit his website at www.indianapersonalinjurylawyer.net.

Humira Defective Drugs Law Suit

July 18, 2011

Humira, manufactured by Abbott for the treatment of arthritis, has been known to cause a fungal infection, which may be life threatening in certain people who may be considered candidates for the medication. Since all medications have some level of risk,  this may not be a surprise. Yet, what is a surprise is that some suspect that Abbott did not disclose this risk to the public until after the company had distributed the medication nationwide.

In 2010, Abbott Laboratories filed a letter to make physicians aware of the risk of fungal infection associated with Humira use. However, some contend that Abbott knew about the risk of fungal infection for quite some time before the company issued the warning to physicians.   In 2008, the FDA required Abbott to warn physicians about several fatal risks associated with Humira, such as, Histoplasmosis.

Other side effects associated with Humira include: optic nerve damage, lymphoma, vision issues and other nerve damage.

In 2003, Abbott released Humira for the treatment of Arthritis. Since  then, Humira has been used for the treatment of several other illnesses. The annual sales for Humira are suspected to be over $6 billion.  FDA investigations about approved drugs occur over time. The FDA gathers adverse event reports provided by physicians and patients as the adverse events occur.  When the adverse events reports demonstrate a red flag indicator, the FDA further investigates and may issue warnings or request corrective action on the part of the manufacturer or distributor, depending upon the suspected responsible parties.  Numerous law uits have already been filed.

Burton A. Padove represents and obtains damage compensation for injury victims of negligence caused by defective drugs,  defective premises, nursing home abuse malpractice and those involved in truck and car accidents,.   He is licensed in Illinois and Indiana and Padove Law accepts inquiries nationally, although Burton  focuses his work primarily within 200 miles of Chicago including its suburbs in Cook, Will, DuPage, and Lake Counties  Illinois, Lake and Porter Counties in Indiana and Indianapolis and Marion County, Indiana.   He can be reached at (219) 836 2200

URGENT SAFETY NOTICE TO BASEBALL AND SOFTBALL PLAYERS

July 7, 2011

RECALL ON MIZUNO BASEBALL AND SOFTBALL GLOVES

The U.S. Consumer Product Safety Commission, in cooperation with Mizuno, today announced a voluntary recall of Mizuno Supreme Series and Ballpark Pro baseball and softball gloves.   Consumers should stop using recalled products immediately unless otherwise instructed.   It is illegal to resell or attempt to resell a recalled consumer product.

Some gloves were found to contain a variety of molds that could cause respiratory or other infections in persons suffering with chronic health problems, or in individuals who have impaired immune systems.

Description: The recalled items are leather Mizuno baseball and softball gloves. The gloves have a sewn-in white label on the heel of the glove with the words “Made in Vietnam” and the model number.  Supreme Series gloves affected are further identified by the date code imprinted on the heel of the glove near the thumb opening.  A list of the models can be obtained at the Consumer Product Safety Commission’s Web Site www.saferproducts.gov,  

The products were sold at Walmart and Target stores nationwide from April 2010 through May 2011 for between $24 and $60.Co  nsumers should immediately stop using the gloves and contact Mizuno USA to receive a full refund at (800) 451-7913 between 8:30 a.m. and 5:30 p.m. ET Monday through Friday.

Burton A. Padove is an attorney who provides a variety of recall information to help prevent serious injuries and health issues caused by defective drugs, medical devices and consumer products.  He is licensed to practice law in Illinois and Indiana and has been assisting injury, auto and truck accident and malpractice victims for over 30 years.  He can be reached at (219) 836 2200.

Illinois Food Recall

April 2, 2011

Skippy® Reduced Fat Peanut Butter Spread By Unilever Recalled

Unilever recently announced that the company   recalled select packages of Skippy® Reduced Fat Peanut Butter Spread and Skippy® Reduced Fat Super Chunk Peanut Butter Spread because the company noticed that the identified packages may be contaminated with Salmonella.

Salmonella is an organism that has been linked to flu like symptoms. In rare cases, Salmonella may lead to a fatal infection. Seniors, children and people with weakened immune systems are particularly vulnerable.

Less severe symptoms associated with Salmonella are fever, diarrhea, bloody stool, nausea, vomiting and abdominal pain. More severe symptoms include: infections in the arteries, infected aneurysms, endocarditis and arthritis.

The product was also distributed throughout Arkansas, Connecticut, Delaware, Iowa, Maine, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, Virginia and Wisconsin.

It is the 16.3 oz plastic jars with select UPC codes (located under the bar code) that have been pulled from the market, including:

* UPCs: 048001006812 and 048001006782

* Best-If-Used-By Dates: MAY1612LR1, MAY1712LR1, MAY1812LR1, MAY1912LR1, MAY2012LR1 and MAY2112LR1 (located on the jar lid)

Neither Unilever nor the FDA received any reports of illness or death, but a routine investigation at the Unilever plant demonstrated that the above mentioned products may be contaminated with Salmonella.

Consumers affected by the recall can contact Unilever and should report any illness to the FDA. All consumers with affected products should discard the product immediately and may request a replacement from the manufacturer.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Check Your Natural Cheese

March 27, 2011

Cheese is a wonderful source of calcium to support the strength of your bones. It is filled with lots of great vitamins, such as, thiamine, vitamin B6 and folic acid within the B-complex, and vitamin C. Yet, cheese made from raw milk that is not pasteurized is at risk of being contaminated with soil or animal feces, animal diseases, or bacteria on an animal's skin.

This is because pasteurization allows for harmful bacteria contaminants and organism to be killed.  Since pasteurization is a process that has been used for decades, authorities have confirmed that it is a safe and effective process for eliminating contamination.

There are several cheese manufacturers that use pasteurized milk in their products, but there are other companies that use unpasteurized raw milk.  Furthermore, there is no scientific evidence that unpasteurized products are safe and effective. Since the pasteurizations process had been reviewed by the FDA, the FDA recommends that all milk products be pasteurized.

It is important to note that there is limited enforcement on this issue unless a food borne illness is discovered. While we don’t want to create a buyer beware market, it is important for consumers to be aware that manufacturers producing unpasteurized food and drink containing raw milk do exist in America.

There are a few ways that you can be proactive to reduce your risk of a food borne illness. If you are interested in trying a food or drink product that has just become available on the market or one that is new to your pallet, ask the store manager how long the product has been on the market and ask about the quality of the ingredients. Also, it’s wise to take the time to research information about the manufacturer on the Internet. You’ll want to know how long the product has been available to consumers and the manufacturer’s track record. Typically, information about unsafe products will become available to consumers five years or more after it is available on the market. Sometimes, recalls of select products may come out at any time during the company’s distribution.

Aged cheese that has been aged for 60 days or longer is said by some to provide enough time to kill harmful bacteria. The FDA is investigating this premise at this time. Roughly 50% of U.S. states allow raw milk that is not pasteurized to be produced and sold.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Interested in Natural Organic Milk? Think Again

March 23, 2011

As more consumers have become interested in organic foods and drinks, there has been great number of boutique stores and farmer’s markets that have opened up across the U.S. It’s true, “natural” or organic foods and drink may be healthier than traditional “store bought” food and drink products. Yet, this is not always the case. There has been a growing concern about raw milk being distributed in some of these specialty stores.

Consumers need to be aware that Raw Milk products, such as milk and cheese,   that are not pasteurized, are not healthy to drink or eat. Locally produced and minimally processed foods may be more nutritious in some cases. However, foods and drink that are not pasteurized pose a risk for injury. Unpasteurized calcium sources like raw milk may be contaminated with unhealthy bacteria and organisms, such as, salmonella, E. coli, and listeria.

The Food and Drug Administration and the Centers for Disease Control and Prevention state that pasteurization is recommended for all milk in the United States. When milk goes through the pasteurizing process, the milk is heated to 161 degrees and maintains this heating temperature for 15 seconds to eliminate harmful bacteria and organisms. . Pasteurization kills harmful bacteria—including salmonella, E. coli, and listeria—that can contaminate milk before it gets to your table.

Pasteurization allows for the prevention of foodborne illness. Food borne illnesses have been linked to tuberculosis, brucellosis, salmonellosis, scarlet fever, and listeriosis. The pasteurization process has passed a test of time, demonstrating safety and efficacy which has been used for over 100 years.

So, it’s important to check the ingredient labels on all food and drink that you plan to consume. This particularly holds true for newly introduced organic foods and drinks that have passed a test of time for safety and efficacy.   Ask the store manager about any new foods or drink you plan to consume from boutique stores.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Snowmobile Recall for Artic Cat

February 6, 2011

Winter is a great time for snowmobiling. Yet, when a snowmobile loses control on its own accord, the personal injuries can be devastating and may result in a host of Indiana and Illinois lawsuits. This may hold true for Artic Cat Snowmobile owners since these cats were recalled recently.  The 2010 model Artic Cats manufactured at the company’s Thief River Falls, Minnesota plant were recalled. Owners are advised to immediately stop using the snow mobiles and to contact their local Artic Cat dealer.

In these types of recall cases, manufacturers will often discover flaws in equipment following reports from users. In the case of Artic Cat, there were 13 reports that the suspension arm cracked during use which may lead to loss of control of the vehicle. There were no reports of injury or accidents to date.  Yet, engineers will typically design out the flaw to prevent the risk of the malfunction and consequential personal injuries following reports. So, it is wise for owners of all 2010 Arctic Cat Z1, TZ1, F, Bearcat, M, and CF model snow mobiles, including: all model feature and color variations are included in the recall to visit an Arctic Cat dealer for a repair.

Arctic Cat and the U.S. Consumer Product Safety Commission joined together to announce the recall. Owners are typically contacted by mail and through announcements, such as, this announcement.  If you have any questions regarding the recall, you may contact Artic Cat direct at 1-800-279-6851.

Indiana and Illinois lawsuits are common for defective products that result in severe permanent personal injuries. The goal of the lawsuit is to provide compensation for the person’s injuries, affected family members, medical expenses and income loss.

If you, your family or a friend have suffered damages and need assistance in asserting your rights for justice and compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Colon Cleanser Internet Warning

January 23, 2011

The U.S. District Court for the Northern District of Illinois has placed a temporary receiver over Central Coast Nutraceuticals Inc. There were also several other companies involved, including: iLife Health and Wellness LLC, Simply Naturals LLC, Fit for Life LLC, and Health and Beauty Solutions LLC.  These are Internet based companies. The colon cleansers distributed by Central Coast Nutraceuticals Inc. and its affiliates have been directed to stop selling Colopure and their company assets are being frozen, according to the FTC.

Internet sales rip offs totaling $30 million in 2009 have been based on “deceptive advertising and unfair billing practices". There have been over 2,800 complaints filed with law enforcement agencies and the Better Business Bureau.

Buyers will be able to participate in a risk free trial by producing evidence of illegal billing. The estimates of people affected in the scam total approximately 1 million.

There has also been a trademark infringement complaint filed against 40 Internet marketers. Internet sales rip offs are now one of the most recent biggest scams that is occurring in the U.S.

AcaiPure, distributed by Central Coast Nutraceuticals Inc. and its affiliates, is a weight-loss supplement, marketed for helping people lose up to 25 pounds in the first months.  This drug was also removed from the market.  Colopure was marketed as a preventative colon cancer treatment.

When purchasing products on the Internet, consumers must be extremely careful. It’s wise to view multiple websites in order to evaluate the differences in quality and credibility of the site. Phoned in call purchases are always the best option. It’s wise to look for a “lock” icon on the website where you are making a purchase before entering your credit card information. You can also ask the vendor to delete your credit card information following your purchase to eliminate the risk of getting charged for items that you no longer want to be charged for.   Repetitive charges from Internet companies are common and you’ll want to reduce those risks as much as possible.

If you, your family or a friend have suffered damages and incurred medical expenses from a defective product, and need assistance in asserting your rights for justice and compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Oxygen Therapy and Inositol Making False Claims

December 29, 2010

It is buyer beware when any product label says, “Intended to prevent, treat or cure diseases”. It is particularly buyer beware for the website called www.oxygentherapyprogram.com and its products called Oxygen Therapy (35% Food Grade Hydrogen Peroxide) and Inositol.

Recently, the Food and Drug Administration completed an investigation of 35% Food Grade Hydrogen Peroxide and Inositol and noted several FDA violations. In Fact, the Food and Drug Administration documented that there may be more deficiencies associated with the two products.

First, since the products are intended to diagnose, cure, mitigate, treat, or prevent disease, they fall under the category of classified drugs defined in the Federal Food, Drug, and Cosmetic Act. As such, these products must be recognized as safe and effective for their labeled uses. However, these drugs were not approved by the FDA for safety and efficacy. In addition, new drugs that fall under the classification of the Food, Drug, and Cosmetic Act are not permitted to be introduced to the public until they have been approved. Both 35% Food Grade Hydrogen Peroxide and Inositol have been sold to the public without FDA approval.   The FDA also discovered that the product label did not provide adequate directions for a person to use the product without the advice of a physician. This is a misbranding violation.

The Food and Drug Administration has warned www.oxygentherapyprogram.com to correct their violations immediately or be subject to possible enforcement action, such as illegal product seizure, criminal prosecution, or an injunction against the manufacturer and distributors of www.oxygentherapyprogram.com products.

Buyers of online medical products should be wary of claims stating that a specific product fights off disease, kills viruses, or thwarts off systematic conditions. Before purchasing an online medical product, bring a print out of the product description and any related information to your physician for his or her review and approval.

Burton Padove, Indiana and Illinois lawyer, is available to help those who have been misrepresented. He can be reached at (877) 446 5294.

OsteoSymbionics, LLC. Receives FDA Warning about Cranial Implants

December 24, 2010

The Food and Drug Administration conducted an investigation of a OsteoSymbionics plant located in Cleveland, Ohio to learn that the company was manufacturing cranial implants which was not in accordance with Current Good Manufacturing Practice (CGMP) requirements of the Quality System regulation found in Title 21, Code of Federal Regulations (C.F.R.), Part 820.

The Food and Drug Administration determined that these cranial implants are devices which fall under the Federal Food, Drug and Cosmetic Act because the product is intended for the use of disease diagnosis, mitigation, treatment, disease prevention or may affect the structure or function of the body.

Furthermore, the Food and Drug Administration found that the company had inadequate design controls for the development of the cranial implants, did not establish or maintain procedures for ensuring that specific design requirements are met consistently, and did not establish procedures for validation which limited follow up inspections and testing; including an inadequate sterilization process. The company also failed to maintain a device master record for the cranial plate implants and did not adhere to other regulations.

In the warning letter from the Food and Drug Administration, authorities directed OsteoSymbionics to take immediate action to correct the violations.  OsteoSymbionics has fifteen days to tell the Food and Drug Administration what the company has done to correct the violations and what they are doing to avoid violations in the future. The FDA warned that if OsteoSymbionics did not correct the violations, the company may be subject to regulatory action, such as, seizure, injunction, and/or civil monetary penalties.

In the U.S., most anyone can create a medical device and attempt to sell it. Many times, the most appropriate way for new medical companies to sell products to physicians is to participate in medical organization meetings that offer product displays for manufacturers. Medical organizations screen companies interested in exhibiting at medical organization meetings. Medical organizations have the right to refuse any company that the medical organization does not wish to allow participation in their meetings. Physicians also screen products before they make purchases for use in their practices.

Burton Padove, Indiana and Illinois lawyer, is available to help those who are injured because of defective products.  He can be reached at (877) 446 5294.

Duro Extend Capsules Recall: Another Dietary Supplement Down!

December 17, 2010

The dietary supplement known as Duro Extend Capsules, manufactured by Intelli Health Products, has been recalled throughout the nation.  Intelli Health Products took this step after the Food and Drug Administration produced results from an analysis of the product showing that it contains Sulfoaidenafil.  Sulfoaidenafil is an ingredient that is FDA approved for the treatment of erectile dysfunction.  The reason why Sulfoaidenafil must be FDA approved is because the drug can negatively interact with other prescription drugs when taken together, such as with nitroglycerin. In addition, Duro Extend Capsules may lower your blood pressure to a high risk level. These two noted risks place people with high blood pressure, diabetes, high cholesterol and heart disease in danger for serious adverse reactions that may be life threatening when taking Duro Extend Capsules with their prescriptions for their medical condition.

Duro Extend Capsules are sold across the U.S. in a blister pack containing one capsule per unit, 12-pack, 24-pack display boxes, or 3 count and 10 count bottles. All lot numbers have been recalled by Intelli Health Products.

People who have experienced an adverse reaction when using the dietary supplement should contact their physician immediately. All consumers using the product should stop using it immediately and return the unused portion to the place of purchase.

Quality assurance testing at Intelli Health Products did not include a test for Sulfoaidenafil so Intelli Health Products was unaware that Sulfoaidenafil was contained in Duro Extend Capsules until the FDA conducted its analysis.

Over-the-counter and online products are not necessarily regulated by the FDA. It is often the manufacturer’s responsibility to ensure the product is safe and effective. In recent years, the FDA has stepped in to conduct testing of over-the-counter and online products. Yet, the number of products available online alone are so high it can be all, but impossible for the FDA to manage over-the-counter regulatory affairs.  Therefore, consumers must proceed with caution when purchasing online products. It is wise to check with your physician before using any over-the-counter or online product.

Burton Padove, Indiana and Illinois lawyer, is available to help those who are injured because of defective products.  He can be reached at (877) 446 5294.

Chinese Dry Wall Lawsuits

December 3, 2010

A year ago, it was difficult to know who to sue for the health issues and property damage caused by defective Chinese Dry Wall located in homes across the U.S. Recently, a $2.6 million verdict came back in favor of seven Virginia homeowners who were adversely affected by Chinese Dry Wall. This verdict lays the foundation for thousands of others to receive financial compensation for the injuries they have sustained because of the dry wall. The Chinese Dry Wall lawsuit claims are being overseen by a federal judge in New Orleans. This is considered multidistrict litigation (MDL), but you can contact a local attorney if you feel you have been injured by Chinese Dry Wall.

If you have experienced serious respiratory infections, sinus infections, rashes, hair loss, hospitalization or irreparable damage to your home’s air conditioning unit, heating unit, electricity or plumbing, your damages may be linked to Chinese Dry Wall. It is not uncommon for all household members to become ill from Chinese Dry Wall.

People who live in homes with Chinese Dry Wall should evacuate because of the risk of toxicity and unknown long term side effects. There is also no viable means to remedy Chinese Dry Wall toxicity and damage, making the financial loss for property very high.  It is also unknown how Chinese Dry Wall will affect the groundwater supply in areas that have homes built with this type of dry wall.

Between 2001 and 2008, the chance that home were built with Chinese Dry Wall are higher when compared to other years. This is because of the real estate boom in those years which forced some home builders to go outside of the U.S. for dry wall and building supplies. In 2007, home builder incomes rose to nearly $768 billion.  The damage to property from Chinese Dry Wall includes:

  • Rotten egg smelling odor
  • Failure of appliances, including HVAC systems and coils in air conditioners, stoves and refrigerators
  • Corroded electrical wiring

Burton Padove, Indiana and Illinois lawyer, is available to help those who are injured because of defective products.  He can be reached at (877) 446 5294.

Risky Donor Blood Cells Recall

November 10, 2010

Recently, there have been recalls involving blood products following the discovery that the donor posed a risk injury to any individual who may receive the product.  Typically, donors are screened to ensure that they are safe candidates to donate blood. It is not known why the blood products in the recall were distributed following the screening process. Given the traditional screening process, this problem does not usually occur. The following includes a list of the blood products that have been recalled in October and the reason for the recall.

  • LifeSource, Glenview, IL, Red Blood Cells collected from a donor who emigrated from an area considered endemic for malaria, 2 units. Recall # B-2630-10; Platelets. Recall # B-2631-10.
  • American Red Cross Southeastern Michigan Region, Detroit, MI Red Blood Cells Leukocytes Reduced collected from a donor for whom donor suitability was not adequately determined, 1 unit. Red Blood Cells Leukocytes Reduced. Recall # B-2586-10.
  • American National Red Cross, Portland, OR Red Blood Cells Leukocytes Reduced collected from a donor for whom donor suitability was not adequately determined, 1 unit. Recall # B-2588-10.
  • Talecris Plasma Resources, Inc., Fayetteville, Source Plasma NC Blood product collected from a donor who was illiterate, 1 unit. Recall # B-2599-10
  • American National Red Cross-Greater Chesapeake & Potomac Region, Baltimore, MD. Red Blood Cells Leukocytes Reduced, which was labeled as JK(b-), but was collected from a donor who subsequently tested JK(b+), 1 unit. Recall # B-2604-10.
  • Suncoast Communities Blood Bank, Inc., Sarasota, FL, Red Blood Cells Leukocytes Reduced collected from a donor who reported travel to a malarial endemic area, 1 unit.  Recall # B-2605-10.
  • Blood Centers Of The Pacific – Irwin Center, San Francisco, CA, Manufacturer: Blood Centers Of The Pacific – Redwood City Center, Redwood City, Red Blood Cells Leukocytes Reduced collected from a donor who reported travel to a malarial endemic area, 1 unit. Recall # 2606-10.
  • American Red Cross Blood Services, Saint Louis, MO, Cryoprecipitated AHF blood product collected from a donor whose suitability to donate was not adequately determined, 1 unit. Recall # B-2607-10, 1 unit.
  • The American National Red Cross, West Henrietta, NY, Blood Cells Leukocytes Reduced collected from a donor whose suitability to donate was not adequately determined, 1 unit. Recall # B-2610-10, 1 unit.
  • Community Blood Center of the Ozarks, Springfield, MO, Recovered Plasma collected from a donor considered to be at increased risk for variant Creutzfeldt-Jakob Disease (vCJD), 1 unit. Recall # B-2613-10.

The screening process for blood donors include a physical evaluation, medical history intake and testing for diseases that are transmitted by blood transfusion, such as HIV and hepatitis. Since blood products have a short shelf life, these products are always in high demand.

Burton Padove, Indiana and Illinois lawyer, is available to help those who are injured because of products that are recalled. He can be reached at (877) 446 5294.