Tyler Personal Injury Lawyer - Defective Products

Deere & Company Recalls John Deere Tractors Due to Collision Hazard

Jenny Albano — Wed, 16 Jan 2008 15:52:03 GMT

Deere & Company, in conjunction with the CPSC, is recalling about 5,400 John Deere Compact Utility Tractors due to a collision hazard.

The forward drive pedal can get stuck, posing a risk of loss of control and injury to the operator and bystanders. Deere & Company has received seven reports of incidents. No injuries have been reported.

The recalled product has a model number that is 3203, which is located on the side of the tractor. The recall includes the following serial numbers:
LV3203H000001 through LV3203H000010
LV3203H190001 through LV3203H193434
LV3203H393093
LV3203H394001 through LV3203H396669

The serial number is located above the right front wheel on the tractor's frame. The recalled tractors were available at John Deere dealers across the U.S. from September 2007 to December 2007. The product was made in the United States.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Sweetwater Valley Farms, Inc. Recalls Southern Cheddar Jack Volunteer Special Cheese

Jenny Albano — Sun, 25 Nov 2007 20:22:43 GMT

Sweetwater Valley Farms Inc., in conjunction with the FDA, is recalling its Southern Cheddar Jack Volunteer Special Cheese because it may be contaminated with Listeria monocytogenes. Pregnant women, young children, the elderly, and people with weakened immune systems are most vulnerable to Listeria. Symptoms of Listeriosis include, but are not limited to, fever, fatigue, nausea, vomiting, and diarrhea. Treatment typically involves antibiotics.

Southern Cheddar Jack Volunteer Special Cheese, Lot Number 539 was distributed in 7, 10, 15 ounce, and 5 pound blocks and through retail stores in Tennessee, North Carolina, Georgia, Virginia, Maryland, and Alabama. The product was also distributed to 48 contiguous states in gift baskets marketed by the firm's website.

The cheese was distributed from September 19, 2006 to November 18, 2007. So far no illnesses have been reported to the company. The problem was discovered by the Tennessee Department of Agriculture during a routine sampling. Sweetwater Valley Farms has stopped distributing this product while it investigates the cause of the contamination problem.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Third Recall for Mattel Because of Lead-Tainted Toys

Jenny Albano — Thu, 06 Sep 2007 01:00:15 GMT

Mattel has announced another recall on toys, which has been the third recall in less than five weeks. All the recalled toys have been pulled from the shelves because of excess lead in the surface paint.

This worldwide recall involves 11 different toys, including eight pet and furniture playsets sold under the Barbie brand and three Fisher-Price toys -- two GeoTrax toys and a Big, Big World bongo set. No Barbie dolls are affected. A total of 844,000 toys are involved, about two-thirds of which were sold in the U.S. The toys were all made in China by several different vendors.

Robert Eckert, chairman and chief executive of El Segundo, Calif.-based Mattel, said that there may be more recalls because the company has increased investigations into the Chinese factories that manufacture their goods and intensified production checks. The company spent more than 50,000 investigating its vendors and testing their toys. As a result of these investigations a number of manufacturers will no longer be making toys for Mattel.

Here is the list of recalled toys:

-Fisher Price Big Big World 6-in-1 Bongo Band toys, sold from July, 2007 to Aug. 2007.

-Fisher-Price Geo Trax Locomotive Toys, sold from Sept. 2006 through Aug. 2007

-Various Mattel Barbie Accessory Toys, sold from Oct. 2006 through Aug. 2007:

-Barbie Dream Puppy Houseâ„¢ (lead paint on dog)

-Barbie Dream Kitty Condoâ„¢ Playset (lead paint on cat)

-Barbie Table and Chairs Kitchen Playset (lead paint on dog, chip platter, dinner plates)

-Barbie Bathtub and Toilet Playset (lead point on cat)

-Barbie Futon and Table Living Room Playset (lead paint on cat)

-Barbie Desk and Chair Bedroom Playset (lead paint on dog)

-Barbie Couch & Table Living Room Playset (lead paint on purse)

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Cloud's Tuna and Egg Salad Sandwiches Recalled Due to Contamination

Jenny Albano — Wed, 08 Aug 2007 13:45:57 GMT

CFS Operating Ltd. is recalling 4219 units of Cloud's Tuna Salad Sandwiches and Egg Salad Sandwiches because they may be infected with Listeria monocytogenes, which is an organism that can cause serious infections in children, elderly people, and those with weak immune systems and may even cause death. For healthy adults the infection may cause high fevers, headaches, stiffness, nausea, abdominal pain, and diarrhea. For women that are pregnant the infection can cause miscarriages and stillborns.

The sandwiches were available in convenience stores in East Texas, West Louisiana, and Southwest Arkansas. The problem was discovered when FDA officials during normal sampling and inspections.

These sandwiches are labeled with "Cloud's Tuna Salad" and "Cloud's Egg Salad" located on the product label. The product was packaged in flexible plastic film and plastic wedges. Recalled products are as follows:
Cloud's Tuna Salad Sandwich on White Bread, 5 oz., date code 62607-72507
Cloud's Egg Salad Sandwich on White Bread, 5 oz., date code 41907-72507

So far no illnesses have been reported to CFS. The company is working with the FDA to rectify the problem.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Food and Drug Administration to Strengthen Warnings for Antidepressant Drugs

Bruce Roberts — Fri, 01 Jun 2007 14:47:18 GMT

The FDA (Food and Drug Administration) approved the strongest possible warnings for antidepressants to warn patients and physicians that the drug could increase the risk of suicidal thinking and behavior in adults 18 to 24 years of age.

The action comes after a Food and Drug Administration committee recommended the warning after finding small increases in suicidal thoughts, and behaviors by young adults taking commonly used antidepressants. According to the study approximately 5 of every 1,000 patients ages 18 to 24 were at increased risk. There are some 16,000,000 people in the United States who take antidepressants and about 8 percent are people under age 25.

"The risk is small but the risk is real, and it is something that needs to be paid attention to," Dr. Thomas Laughren, director of the FDA's division of psychiatry products, said during a news conference.

In an unusual move, Laughren said the new labels would carry both a warning and positive information on the benefits of antidepressants.
The labels would emphasize weighing the risks associated with the drugs against the danger of failing to treat depression and other psychiatric disorders that contribute to suicide

Originally posted at InjuryBoard by Bruce Roberts

Oxycontin Manufacturer Agrees to Plead Guilty and Pay Fine of $600,000,000

Bruce Roberts — Mon, 28 May 2007 16:36:30 GMT

The company that makes the narcotic painkiller OxyContin and three current and former executives of Purdue Pharma, the company that markets OxyContin pled guilty in Federal Court to criminal charges that they misled doctors, federal regulators and patients as to the addictive nature as to the prescription drug, OxyContin. OxyContin is a powerful, long-acting narcotic that provides relief of severe pain for periods up to 12 hours.

When OxyContin was first released on the market, its manufacturer claimed that its time-release formulation would pose a lower threat of abuse and addiction than other painkillers including Percocet or Vicodin. This claim became part of an aggressive marketing campaign to get doctors like general family practitioners with little training in pain management and/or addiction behavior to begin prescribing the drug.

The scheme worked. By 1996, annual sales of OxyContin had reached $1,000,000,000.00. Unfortunately with increasing sales came evidence of increasing addiction and overdoses.

Federal officials said that internal Purdue Pharma documents show that company officials recognized even before the drug was marketed that they would face stiff resistance from doctors who were concerned about the potential of a high-powered narcotic like OxyContin to be abused by patients or cause addiction.
As a result, company officials developed a fraudulent marketing campaign designed to promote OxyContin as a time-released drug that was less prone to such problems. The crucial ingredient in OxyContin is oxycodone, a narcotic that has been used for many years. But unlike other medications like Percocet that contain oxycodone along with other ingredients, OxyContin is pure oxycodone, with a large amount in each tablet because of the time-release design.
The drug has proven to be valuable in treating serious, long-lasting pain.

Originally posted at InjuryBoard by Bruce Roberts

State Court Ruling Places all Vioxx Suits in Texas on Hold

Bruce Roberts — Tue, 15 May 2007 14:32:11 GMT

A ruling by a state district judge has resulted in more than 1,000 personal injury lawsuits presently pending in Texas against the pain medication Vioxx on hold until the Judge's order can be appealed. State District Judge Randy Wilson granted a motion by Merck and Company, Inc. the manufacturer of Vioxx to dismiss part of the plaintiffs' lawsuits.

The basis for the order was a law passed in Texas in 2003 designed to protect drug manufacturers whose drugs had been approved by the Federal Drug Administration. The law provides that a drug manufacturer is not liable for claims that it failed to provide sufficient warnings about its product if the drug in question had warnings that had been approved by the Food and Drug Administration.

This ruling effectively puts all cases in Texas against Vioxx on hold until the judge's ruling can be appealed. Merck could not give a time estimate for the appeals process. Attorneys for Texas consumers who took VIoxx oppose the rulling.

We think the court has made an erroneous ruling," Tommy Fibich said. "The effect of his ruling is that it immunizes manufacturers that lie and mislead the FDA."

Fibich said even if appeals courts uphold the judge's ruling, his client and other plaintiffs have two other claims against Merck they can still try to prove in court: negligence and product design.
"I think they are all three good claims," he said. "If I had to pick just one, it would be the failure to warn claim. But in all the cases where plaintiffs have prevailed against Merck, juries have found in favor of the product design and negligence claims."
Fibich said the case will probably go all the way up to the Texas Supreme Court, and he is looking at whether he can file any appeals in federal court.

Originally posted at InjuryBoard by Bruce Roberts

JUDGE OVERTURNS $15,000,000.00 JURY

Bruce Roberts — Mon, 16 Apr 2007 10:35:46 GMT

A United States Federal Judge rejected a $15,000,000.00 jury verdict and ordered another trial. The verdict was the result of a lawsuit against Ford Motor Company by a Tulsa, Oklahoma couple whose son died in a rollover crash.

According to the United States Chief District Judge Claire Eagan, the defendant, Ford Motor Company was prejudiced by plaintiff's counsel's conduct. The judge stated that the conduct of the attorney resulted in the unprecedented jury verdict for non-economic damages,. The judge concluded that only remedy for the conduct was a new trial.

Tulsa jeweler Kevin Moody and Veronica Moody filed the lawsuit Nov. 18, 2003, about 10 months after their 18-year-old son, Tyler Moody, died in a rollover crash in Tulsa. A jury found in their favor in November, last year.
The lawsuit said the Explorer's roof had "an inadequate roof-crush tolerance," and that Tyler Moody became trapped in the vehicle with the roof pushing his neck into his chest.
The plaintiffs attorney, Clark Brewster, said that the basis for the judge ordering a new trial involved matters "that -- for the most part -- were completely unobjected to at trial."

Originally posted at InjuryBoard by Bruce Roberts

FDA Issues New Warnings on Sleep Medications

Bruce Roberts — Sun, 25 Mar 2007 13:41:34 GMT

The Federal Drug Administration (FDA) has ordered manufacturers of sleeping pills to strengthen their warnings about a rare side effect known as sleep driving. According to the report many if not all sleeping pills may sometimes cause sleep driving. This rare side effect was first noted in the media when Congressman Patrick Kennedy crashed his car. Congressman Kennedy blamed the wreck on the sleep driving effect on Ambien he had been taking.

The effects of these sleeping pills are not simply limited to sleep driving. Individuals may wake up in the middle of the night and engage in other tasks and then return to bed without ever realizing they have occurred. According to Yahoo! News these medications resulted in such activities as making phone calls and preparing and eating meals.

The Food and Drug Administration wouldn't say exactly how many cases of sleep-driving it had linked to insomnia drugs, but neurology chief Dr. Russell Katz said the agency uncovered more than a dozen reports -- and is worried that more are going uncounted.
Given the millions of prescriptions for insomnia drugs, Katz called the problem rare, and said he was unaware of any deaths. But because sleep-driving is so dangerous -- and there are precautions that patients can take -- the FDA ordered a series of strict new steps Wednesday.

Originally posted at InjuryBoard by Bruce Roberts

Safety Investigation into Dodge Pickups

Bruce Roberts — Sat, 17 Mar 2007 09:30:18 GMT

The National Highway Traffic Safety Administration has opened an investigation into a potential defect in the Daimler-Chrysler Dodge Ram 2500 and 3500 pickup series manufactured from June 2002 through July 2005. The potential problem is that if a driver tries to put his car in park, it may be in fact be a false park.

The problem appears to be that even though the gearshift indicator looks like the truck is in park, the transmission may slip into reverse and the truck can unexpectedly start moving backwards if the driver has left the truck on. Such an event can lead to severe injuries or death should the driver be behind the truck locking a gate or some other activity.

The parked reverse problem is not limited to Dodge Ram 2500, 3500 pickups apparently. Fellow Injury Board Law blogger, Bob Carroll, has reported on a $55 million against Chrysler for a similar parked reverse problem involving 1992 Dodge Dakota pickups. According to Mr. Carroll, a California state jury returned a $50 million punitive damage award against Daimler-Chrysler for knowing and intentionally failing to cure defect in the 1992 Dodge Dakota pickup that backed over and killed Richard Marc. That same jury awarded $5.2 million in compensatory damage to Ms. Marc and her children

Originally posted at InjuryBoard by Bruce Roberts