Articles Posted in Defective Products

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.

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.


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.

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.

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.

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.

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.

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.

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 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 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.

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