Massachusetts Injury Lawyer Blog

AstraZeneca is preparing for a products liability trial next week over claims that their antipsychotic medication Seroquel causes diabetes. About 26,000 lawsuits have been filed against the drugmaker, with one of many trials set for February 16th in New Jersey.  That trial will be the first of thousands filed in New Jersey alone.  Seroquel is the UK-based drugmaker's second most popular drug after Nexium, the well known heartburn relief medication, and is used to treat bipolar disorder and depression. AstraZeneca claims that the plaintiffs' evidence is insufficient to show that the drug was responsible for their alleged personal injuries.

In January, U.S. District Judge Anne Conway, who is overseeing all federal Seroquel litigation, ordered the parties to attend mediation.  The parties were unable to reach a settlement agreement after two days of talks.  The mediator, George Washington University Law Professor Stephen Saltzberg, said he expects further settlement negotiations to occur.  Judge Conway, who sits in Florida, has said that she will ask a panel of judges to return the 6,000 consolidated cases scheduled to come before her to their resident states, adding to the litigation headache.

Seroquel was introduced in 1997 and has long been linked to weight gain and diabetes.  The plaintiffs are claiming that AstraZeneca downplayed the risk of diabetes, cherry-picked positive trial results, and buried negative results.  Documents discovered in 2009 appear to substantiate the plaintiffs' claims.  As early as 1997, emails between AstraZeneca officials reveal that the drugmaker hid negative trial results from US and Canadian investigators.  AstraZeneca is not the first antipsychotic drugmaker to be hit with claims that its medication causes diabetes.  In 2009, Zyprexra-maker Eli Lilly agreed to pay at least $1.2 billion to similar settle lawsuits filed by about 31,000 patients.

For more information on Seroquel side effects, see the Seroquel website.  The Alliance for Human Research Protection has a collection of articles on the Seroquel product liability litigation. 

Continue reading "AstraZeneca Facing Over 25,000 Lawsuits--Antipsychotic Drug Claimed to Cause Diabetes" »

Toyota faced another round of bad news this week with the announcement today of a probe by the National Highway Traffic Safety Administration (NHTSA) into braking problems in the popular Prius hybrid model. NHTSA has received at least 124 complaints about momentary braking problems in the defective vehicles. As least four car crashes have been reported. The problems are apparently associated with speed bumps, potholes, and icy roads--three things Massachusetts drivers see plenty of. The investigation concerns the 2010 Prius model year.

The Prius investigation is the third in a string of product defect recalls which are tarnishing Toyota's reputation for safety and reliability. On top of that, it seems that Toyota has been less than forthright about the problems in its cars. According to CNN (February 4, 1010), "Toyota has known about brake problems in its popular Prius cars for some time, going so far as to fix it in new production vehicles, but has kept Prius drivers in the dark about the problem until the Japanese government called for an investigation."  And the sticking gas pedal was first blamed on floor mats, and then later extended to the mechanics of the pedal itself. The Federal government has now demanded that Toyota demonstrate that the problem isn't more serious, and that it does not include other parts of the throttle control systems. Defects relating to the gas pedals have been linked to several wrongful deaths.

U.S. Transportation Secretary Roy LaHood set off a brief panic on February 3rd when he said owners of the defective Toyotas should "stop driving them."  He later clarified his statement, saying instead that owners should have them repaired as quickly as possible.

NHTSA itself has been criticized for its slow response to consumer complaints about Toyota acceleration problems, some of which date back to 2003. According to Joan Claybrook, a former head of NHTSA, several investigations were opened, then closed based upon information provided by Toyota. According to NPR, she said, "I think as a result, some people have been killed and injured that wouldn't have otherwise." (NPR, Feb 4, 2010.) 

Consumer Alert

This week Toyota finally began shipping replacement parts to dealers for the gas pedal recall. Checks with some dealers in Massachusetts revealed that free rental vehicles are available. If the dealer does not have the part, it should still provide you with a free car should you choose to leave it at the dealer for repair. Many Massachusetts consumers are rightfully fearful that their car could be involved in a motor vehicle accident.

The same courtesy should apply to the defective Prius models, and consumers should feel free to demand that the dealer provide them with a safe, alternative vehicle until their cars are fixed.

Affected Vehicles 

Models affected by the recall include:

• 2009-2010 RAV4


• 2009-2010 Corolla


• 2007-2010 Camry


• 2009-2010 Matrix


• 2005-2010 Avalon


• 2010 Highlander


• 2007-2010 Tundra


• 2008-2010 Sequoia

Please see our earlier blog on Toyota recalls for additional safety information.

More Information

Much additional information on the Toyota recall is available from the NHTSA website, www.nhtsa.gov.

Answers to Questions About Toyota Repair Plans, NY Times, Feb 1, 2010

US Launches Probe of Prius Brakes, Reuters, Feb 4, 2010

Continue reading "Toyota's Headaches Continue--Massachusetts Prius Owners Should Be Aware of Defective Brakes" »

The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) has announced that Daniele International, with operations in Rhode Island, has recalled 1,240,000 lbs of ready-to-eat Italian sausage products currently in commerce due to risk of salmonella contamination. The recalled products include salami coated with black pepper.

The recall is the result of a multi-agency investigation into a salmonella breakout in several states. While searching for the defective food agent causing the outbreak, FSIS discovered a strain of salmonella in a Daniele International sample product.  The tested product is similar to what people reported eating prior to becoming ill, but a direct link has not been established. 

The strain of salmonella found in the tested product does not match the strain being investigated.   In addition to recalling the ready-to-eat products, Daniele International presented information to FSIS and voluntarily recalled all products in commerce associated with black pepper, which the company believes is a possible source of contamination. 

Eating products contaminated with salmonella can cause salmonellosis, one of the most common bacterial foodborne illnesses.  The symptoms of salmonellosis include diarrhea, abdominable cramps, and fever within 8 to 72 hours of comsumption.  Additional symptoms may be chills, headache, nausea, and vomiting for up to a week.  Salmonella infections can be life-threatening to those with weak immune systems, such as infants, the elderly, and persons with HIV infection or undergoing chemotherapy.

The specific products recalled all carry a USDA mark of inspection bearing establishment numbers "EST. 9992" or "EST. 54.".  The following products can be returned to the retailer for a full refund:

10-ounce packages of "DANIELE NATURALE SALAME COATED WITH COARSE BLACK PEPPER."

Catch weight packages of "DANIELE PEPPER SALAME."

9-ounce packages of "BLACK BEAR OF THE BLACK FOREST BABY GENOA PEPPER SALAME."

20-ounce packages of "DANIELE DELI SELECTION, GENOA SALAME, SMOKED SALAME, PEPPERED SALAME, RUSTIC SALAME."

340- and 454-gram packages of "DANIELE SURTIDO FINO ITALIANO, SALAMI GENOA CON PIMIENTA, LOMO CAPOCOLLO, SALAMI CALABRESE."

16-ounce packages of "DANIELE ITALIAN BRAND GOURMET PACK, HOT CALABRESE, PEPPER SALAME, HOT CAPOCOLLO."

8-ounce packages of "DIETZ & WATSON ARTISAN COLLECTION PARTY PLATTER PACK, HOT CALABRESE, PEPPER SALAME, HOT CAPOCOLLO."

8-ounce packages of "DANIELE ITALIAN BRAND GOURMET PACK, HOT CALABRESE, PEPPER SALAME, HOT CAPOCOLLO."

16-ounce packages of "DANIELE GOURMET COMBO PACK, PEPPER SALAME, CAPOCOLLO, CALABRESE."

500-gram packages of "DANIELE ITALIAN BRAND GOURMET PACK EMBALLAGE ASSORTI GOURMET ITALIEN, HOT CALABRESE, PEPPER SALAME, CALABRESE PIQUANT, SALAMI AU POIVRE, HOT CAPOCOLLO, CAPOCOLLO PIQUANT."

8-ounce packages of "BOAR'S HEAD BRAND ALL NATURAL SALAME COATED WITH COARSE BLACK PEPPER."

Catch weight packages of "DIETZ & WATSON ARTISAN COLLECTION, BABY GENOA PEPPER SALAME, MADE WITH 100% PORK COATED WITH BLACK PEPPER AND PORK FAT."

20-ounce variety packages of "DANIELE DELI SELECTION, GENOA SALAME, SWEET SOPRESSATA, PEPPERED GENOA, MILANO SALAME."

21-ounce variety packages of "DANIELE GOURMET ITALIAN DELI SELECTION, SWEET SOPRESSATA SALAMI, PEPPERED GENOA SALAMI, HOT SOPRESSATA SALAMI, MILANO SALAMI, SALAMI SOPRESSATA DOUX, SALAMI GENOA POIVRÉ, SALAMI SOPRESSATA PIQUANT, SALAMI MILANO."

7-ounce packages of "DANIELE SALAME BITES PEPPER SALAME."

14-ounce packages of "DANIELE GOURMET ITALIAN DELI SELECTION ASSORTMENT DE FINES CHARCUTERIE ITALIENNE, SWEET SOPRESSATA SALAMI, MILANO SALAMI, SALAMI SOPRESSATA DOUX, SALAMI MILANO."

Catch weight packages of "DANIELE NATURALE SALAME COATED WITH COARSE BLACK PEPPER."

32-ounce variety packages of "DANIELE DELI SELECTION, GENOA SALAME, SWEET SOPRESSATA, PEPPERED GENOA, MILANO SALAME."

 

For more information on the on-going investigation into the multi-state salmonella investigation, see the Center for Disease Control's website.  For a list of retailers that sold recalled products, see the FSIS recall website.  Consumers with questions about food safety can ask a virtual FSIS representative on the Ask Karen website.  Live chat services are available Monday through Friday, 10:00 a.m. - 4:00 p.m. Eastern Time (except Federal Holidays).

Continue reading "Massachusetts Consumers: Take Care in the Deli Department--Rhode Island Company Recalls Salami Products Due to Salmonella Risk" »

Toyota has issued another recall affecting millions of its popular vehicles due to acceleration problems caused by sticking gas pedals which are known to have caused serious personal injury and several deaths. In addition, Toyota has halted sales and will halt production of several product lines until it designs a fix for the product defect. This recall seriously affects Toyota's reputation for safety and reliability. It also affects tens of thousands of Massachusetts drivers who own the defective Toyotas. It also affects others on the highway who may be struck by a runaway vehicle.

Toyota announced the voluntary recall last Thursday, which includes about 2.3 million vehicles, "to correct sticking accelerator pedals on specific Toyota Division models."  The sticking pedals may fail to return, or return slowly, to the idle position, causing the cars to accelerate or maintain a high speed unexpectedly.

The recall comes after a recall on floor mats in September 2009 affecting 3.8 million vehicles. That recall was found to be insufficient to solve the accelerator problems. Investigators realized the product defect included more than just the floor mats after a family of four suffered wrongful deaths when their Avalon crashed into a lake. The floor mats were discovered in the trunk of that car.

In November 2009, the National Highway Traffic Safety Administration (NHTSA) called the removal of the offending floor mats an interim measure only, and said, "This remedy does not correct the underlying defect in the vehicles involving the potential for entrapment of the accelerator by floor mats, which is related to accelerator and floor pan design."

Unfortunately, Toyota has not yet proposed a plan to fix its millions of defective vehicles.

Massachusetts consumers who experience gas pedal problems are advised to apply firm pressure to the brake, and to pull off the road as soon as that can be done safely. The car should not be driven. In an emergency, the car can be put into neutral or the key turned to off. Push-button start controls can be turned off if the button is depressed for several seconds.

Models affected by the recall include:

• 2009-2010 RAV4


• 2009-2010 Corolla


• 2007-2010 Camry


• 2009-2010 Matrix


• 2005-2010 Avalon


• 2010 Highlander


• 2007-2010 Tundra


• 2008-2010 Sequoia.

Toyota customers affected by this recall should call the Toyota "Customer Experience Center" at 1-800-331-4331 with questions or concerns.

 

Continue reading "Huge Toyota Recall Affects Thousands of Massachusetts Drivers--Defective Gas Pedals May Cause Runaway Acceleration" »

A commonly prescribed class of antibiotics have been issued the strongest available warning by the Food and Drug Administration (FDA) due to the risk of potentially debilitating personal injury. Levaquin (levofloxicin) and Cipro (ciprofloxacin) are in the class of antibiotics, called fluoroquinolones, and are used to treat illnesses like sinus infections, urinary tract infections, pneumonia, kidney infections and several types of skin infections. People using Levaquin and other fluoroquinolones are at increased risk for tendonitis and tendon ruptures, especially those over 50 years of age, those taking steroids, or people that have had a lung, kidney or heart transplant.  Tendonitis and tendon ruptures have also been reported in people without elevated risk factors, and can even occur months after discontinuing the drug.

The most commonly reported tendon injuries have occured in the Achilles tendon, but ruptures have also occurred in the rotator cuff, hand, and tendons in other parts of the body. Tendon injuries can be extremely painful, are potentially debilitating, and may require surgery to correct. People using fluoroquinolones should seek medical attention if they have bruising in the tendon area after a possible injury, hear or feel a pop or snap, are unable to put weight on an injured area, or have other reason to believe that a tendon is not functioning properly. 

Flouroquinolones have also been linked to other serious side effects and personal injuries, such as renal failure, and users have reported side effects that feel like fibromyalgia and chronic fatigue syndrome.  Some people experience an alleviation of side effects shortly after stopping use of the antibiotic.  Others experience long-term or even permanent side effects.  While sometimes the use of fluoroquinolones cannot be avoided, patients should inquire into alternative medications. 

To report an adverse effect resulting from the use of Levaquin or another fluoroquinolone antibiotic, call the FDA MedWatch program at 1-800-FDA-1088 or visit the MedWatch website.

Continue reading "Massachusetts Consumers Should Take Care If Using Certain Antibiotics--FDA Warns of Tendon Trouble" »

Graco Children's Products of Atlanta, Georgia, has recalled approximately 1.5 million baby strollers which may cause finger amputations in small children. The company is offering a free repair kit to eliminate the hazard caused by the defective product.

The defective strollers were sold throughout Massachusetts at stores such as Burlington Coat Factory, Babies "R" Us, Toys "R" Us, K-Mart, Sears, Target, Wal-mart. The defective products affected include the following stroller lines: Graco's Passage, Alano and Spree Strollers and Travel Systems.

The defective strollers are known to have caused at least five fingertip amputations and other personal injuries in children who got their fingers caught in the stroller's canopy hinge mechanisms.

For more information relating to this product liability issue, please see the Consumer Product Safety Commission's official recall notice.

 

Continue reading "Baby Stroller Recall Affects Massachusetts Consumers" »

In late November, the US Consumer Product Safety Commission (CPSC) announced that Stork Craft Manufacturing was voluntarily recalling approximately 1.2 million cribs distributed in the United States and 968,000 distributed in Canada.  This recall comes in the wake of reports of several infant wrongful deaths.  Due to flaws in the cribs' drop-side plastic hardware, the drop-side can detach creating a space between the crib mattress and the drop-side.  As a result of this product defect, infants can become trapped in the space and suffocate. Where the drop-side detaches completely, infants run the risk of falling.

CPSC, Stork Craft, and Health Canada are aware of 110 incidents of drop-side detachment; 67 incidents occurred in the United States and 43 in Canada. The incidents include 15 entrapments, with four entrapments resulting in suffocation.  Included in these incidents are 20 falls from cribs with personal injuries ranging from concussion to bumps and bruises. 

This recall involves Stork Craft drop-side cribs distributed and manufactured between 1993 and 2009, and Stork Craft drop-side cribs with the Fisher-Price logo sold after 1998.  The recall does not involve cribs without a drop-side or with a non-plastic drop-side.  Major Massachusetts retailers sold these recalled cribs in stores, including BJ's Wholesale Club, J.C. Penney, Kmart, Sears, and Wal-Mart stores, and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com.

Massachusetts consumers should immediately stop using the recalled cribs, and contact Stork Craft for a free repair kit that converts the drop-side to a fixed-side.  Consumers should not attempt to fix the cribs without the repair kit and should find alternative and safe sleeping arrangements for infants until the crib is repaired.  For additional information, contact Stork Craft toll-free at (877) 274-0277 anytime to order the free repair kit, or log on to www.storkcraft.com. 

CPSC also provides several tips for general crib safety  Parents should not use any crib with missing, broken, or loose parts.  Hardware should be tightened from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop-side or any other moving part operates smoothly, and should always check all sides and corners of the crib for disengagement. Any disengagement can create a gap and entrap a child. In addition, do not try to repair any side of the crib, especially with tape, wire or rope.  Complete information is available at the CPSC website.

Continue reading "Defective Cribs Recalled Due to Risk of Infant Suffocation and Entrapment--Massachusetts Consumers Urged to Immediately Stop Using Affected Cribs " »

This week, the U.S. Product Safety Commission (CPSC) and the Window Covering Safety Council (WCSC) announced the recall of millions of Roman shades and roll-up blinds due to the risk of strangulation to young children from the defective products. Massachusetts consumers are urged to take immediate measures to eliminate the risks to young children.

Since 2006, the CPSC has received reports of 5 wrongful deaths and 16 near strangulations involving Roman shades and 3 wrongful deaths since 2001 in roll-up blinds. In the case of Roman shades, children may place their necks between the exposed cord and the fabric on the back of the shade, or they may pull the cord out and wrap it around the neck. With the roll-up blinds, children may become entangled in the lifting loop on the side of the blind.

These defective products have been sold at a wide variety of retailers in Massachusetts, from Wal-Mart to Pottery Barn to ACE Hardware, to name but a few. If you have either type in your home, please contact the WCSC at its website or at (800) 506-4636 to receive a free repair kit.

The CPSC and the WCSC has also provided safety tips that apply to all window coverings, not just those involved in the recall. These include inspection of all shades and blinds in the home to make sure there are no loose or accessible cords (in fact, cordless window coverings are recommended where children live or visit), keeping cribs, beds, and furniture away from windows, and installing tension devices on looped chains or cords to keep them taut. Complete information is available at the CPSC website.

Continue reading "Strangulations Trigger Massive Recall of Blinds and Shades--Massachusetts Consumers Urged to Eliminate Hazards" »

The U.S. Consumer Product Safety Commission has announced a recall of over one million stroller manufactured by Maclaren. The concern: The defective product may cause personal injury to the child riding in the stroller. At least 15 serious injuries have been reported, and 12 of these have been fingertip amputations.

The recall affects all Maclaren strollers manufactured since 1999, including all single and double strollers. They popular baby strollers have been sold at Target, Babies "R" Us and other mass merchandisers.

Parents should immediately stop using the strollers and obtain a free repair kit from the manufacturer.

For additional information, contact Maclaren USA toll-free at (877) 688-2326 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm's Web site at www.maclaren.us/recall.

There is additional information at the Consumer Product Safety Commission (CPSC) as well. Visit the government website.

David White, a product liability attorney at the Boston firm Breakstone, White & Gluck, PC, said, "Unfortunately, we are familiar with this type of product defect. Obviously a manufacturer of baby products must anticipate injuries that can come from pinch points from hinges and other moving parts. They must be extraordinarily careful to prevent injuries from their products."

As reported in Time Magazine: "This is a very serious hazard," says Scott Wilson, spokesperson for the CPSC. "We know child behavior, we know kids like to explore and sometimes put their fingers in places where they shouldn't be. But finger amputations that result from using a product that parents expect to be safe is unacceptable."

Continue reading "Maclaren Recalls One Million Strollers--Defective Product May Cause Amputation Injuries" »

A Brockton, Massachusetts meat packaging company has voluntarily recalled over a thousand pounds of ground beef patties and steaks due to possible contamination with E. coli O157:H7 bacteria, according to the U.S. Department of Agriculture. People exposed to the contaminated meat have suffered personal injuries.

Crocetti's Oakdale Packing Company, also known as South Shore Meats, was investigated by Massachusetts and Rhode Island health officials after approximately twenty students at a Plymouth camp became ill following a meal using ground meat traced to the company. The USDA has declared a class I recall, due to the potential for serious illness and death from the O157:H7 strain of E. coli.

This type of bacterial infection usually manifests as diarrhea, which is often bloody, and several days of abdominal cramping. More severe cases may progress to hemolytic-uremic syndrome (HUS), which causes breakdown of blood cells, kidney failure, and sometimes death. Children under five and the elderly are at the highest risk for the severe forms of illness.

Contaminated meats are the most common cause of E. coli O157:H7 infection, but the bacteria may come from other sources, as seen in the recall of prepackaged cookie dough this past June.

Click here for a list of contaminated products.

Safety Tips:  Proper preparation and storage of meat can help to prevent illness. Ground beef should be cooked to an internal temperature of 160 degrees. Newly purchased meat and poultry should be refrigerated promptly, as should leftover cooked meat. Proper washing of hands and utensils that touch raw meat is also important, in order to avoid contaminating other food or surfaces with bacteria.

Click here for more information from the USDA.

Continue reading "Beef Products Recalled Due to Possible E. coli Contamination--Brockton, Massachusetts Meat Packer Blamed " »

In what will be the largest recall in the history of Toyota Motor Corp., the company will be recalling 3.8 million defective motor vehicles because of defective floor mats. The defective mats may cause the accelerator to jam, and may lead to serious accident.

Toyota has recommended that for several Camry, Avalon, Prius, Tacoma, Tundra and Lexus models the driver's side removable mat be removed from the car immediately and not replaced until the company issues a fix.

According to the Washington Post, Transportation Secretary Ray LaHood has called this an "urgent matter," and has strongly urged owners to "remove mats and other obstacles that could lead to unintended acceleration."

One recent spectacular car crash has been blamed on the defective mats. In August 2009, a California family was traveling in a 2009 Lexus ES 350 when the car's accelerator became stuck. The runaway vehicle could not be stopped, and reached a speed of 120 mph before crashing, rolling off the highway, and catching fire. All four family members were killed.

Toyota has also issued instructions on how to disable the vehicle if the accelerator becomes jammed. A driver should use both feet on the brake to slow the car and slip the gear shift into neutral. The key should be turned to accessory (not to lock, otherwise steering will be lost). In a push-button ignition, holding the button for three seconds will kill the engine. 

More Information

For more information, consumers can contact the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987. 

Toyota to recall 3.8M vehicles over floor mats, Washington Post, September 30, 2009.

Continue reading "Toyota Recall of Defective Cars to Affect 3.8 Million Vehicles--Floor Mats Blamed for Crashes" »

On March 10, 2009, 1.6 million Maytag refrigerator units (also sold under other brand names) were voluntarily recalled due to several reported fire hazard incidents. Due to an electrical failure in the relay, the component that turns on the refrigerator's compressor, units can become overheated and pose a serious fire and injury hazard.

Before initiating the recall, Maytag had reports of 41 related relay malfunctions. Sixteen of those reports included information about property damage, ranging from smoke to serious kitchen fires. Though there have been no reports of personal injury or wrongful death, the serious repercussions of this defect place many Massachusetts consumers in harm's way.

The refrigerators in this recall were sold between January 2001 and January 2004; some were sold in Massachusetts. A number of refrigerator brands are included in this recall: Maytag, Jenn-Air, Amana, Admiral, Magic Chef, Performa by Maytag, and Crosley.

Continue reading "Defective Refrigerator Recall Affects Massachusetts Consumers; Threat of Fire and Serious Injury or Death" »

The U.S. Supreme Court's decision in Wyeth v. Levine on March 4, 2009, represents a resounding triumph for all Americans who take prescription drugs. In short, the Court found by a 6-3 margin that the federal regulations of the Food and Drug Administration (FDA) do not prevent a consumer from bringing a state court product liability claim against a pharmaceutical company that negligently manufactures, distributes or labels a prescription drug. The case preserves the rights of Massachusetts consumers to obtain compensation for personal injuries resulting from defective drug products.

Details of the Case

Diane Levine brought suit against Wyeth Pharmaceuticals after being forced to amputate her right forearm nearly nine years ago. A professional musician, Deborah had suffered from persistent migraine headaches and visited a local clinic for treatment. She was prescribed Phenergan, an antihistamine used to treat nausea. A physician assistant administered the drug by "IV-push," which caused the drug to come into contact with arterial blood. As a result, she developed gangrene, leaving her no choice but to amputate half of her right arm.

Levine sued Wyeth Pharmaceuticals, claiming that Wyeth failed to adequately warn medical professionals and consumers of the risks of IV administration. At trial, evidence indicated that since the approval of the drug in 1955, more than 20 other patients had suffered from similar amputations. A Vermont jury concluded that Phenergan was a defective product, and awarded Levine $6.7 million to compensate for her devastating injury.

Wyeth appealed the verdict, and argued that because the drug's label had been approved by the FDA - a federal agency - a consumer such as Deborah could not sue the company in state court. The Supreme Court rejected Wyeth's argument, and ruled that a drug manufacturer ultimately "bears responsibility for the content of its label at all times." The FDA's purpose is to regulate, not to compensate consumers for injuries caused by drugs. "State law remedies further consumer protection," Justice Stevens wrote, "by motivating manufacturers to produce safe and effective drugs and to give adequate warnings."

What does this mean for Massachusetts consumers?

The Wyeth decision will make it much harder for drug manufacturers to hide behind a shield of compliance with federal regulations. FDA approval will not provide immunity for a drug company with a defective product. If you are injured by a negligently produced prescription drug, your right to bring a product liability action in state court against the drug company is preserved, and drug companies cannot hide behind a wall of federal preemption.

Another important effect of the decision is that pharmaceutical companies will likely pay closer attention to their labels and instructions, therefore improving consumer protection and safety in the prescription drug marketplace.

More Information

To read the entire decision, click here: Wyeth v. Levine

Continue reading "Landmark U.S. Supreme Court Case Marks Victory for Massachusetts Consumers; Affirms Accountability for Drug Companies" »

Children's car seats are designed to keep children safer in the event of an accident. Unlike a regular seatbelt, car seats specifically protect small bodies. However, car accidents remain the leading cause of death among children. This is largely due to the improper use of child car seats. Massachusetts consumers need be aware of proper use of car seats, and also be aware of recalls of defective car seats for children.

Last month a recall was issued for Graco's ComfortSport Convertible Car Seats due to an obscured warning label regarding the child airbag. Car seats can be confusing to install in the first place, but with important warnings covered, it can be close to impossible. Learn more about Ease of Use Ratings below.

Remember that a car seat is only beneficial if

• It fits the child.
• It is properly secured into the car.
• It is in working order.

Selecting a Car Seat Appropriate for Your Child's Size

Rear-Facing Seats: These are appropriate for infants. Use a rear-facing seat from birth until your child is at least one year old. However, you should still use a rear-facing seat as long as your child weighs less than 20 pounds. This is the safest type of car seat--as long as your child fits in it properly.

Forward-Facing Toddler Seats: This type of seat protects children who are at least twenty pounds. It should always be placed in the back seat of your vehicle and can be used until your child weighs 40 pounds (generally around the age of four).

Booster Seats: These larger car seats are used in the rear seats of the vehicle for children over 40 pounds. You should use a booster seat until your child is either eight years old or 4'9" tall.

Back Seat with Safety Belt: Once your child is eight years old or 4'9" tall, he or she can sit in a regular seat with a regular safety belt. However, all children under the age of twelve should ride in the back seat.

Continue reading "Avoiding Injuries Caused by Defective Child Car Seats " »

Whether you celebrate Christmas, Chanukah, Kwanzaa or Boxing Day, December is likely to bring many new toys and gifts into your home. As a parent, it is important that you not only know how to shop for safe toys yourself, but also how to identify potentially dangerous and defective toys received as holiday gifts from others. You should also double check for defective products currently around the house.

The holidays are meant to be a time of joy and wonder for your little ones--not a time for pain and recovery. However, in 2007 there were 18 toy-related wrongful deaths and over 170,000 emergency-room personal injuries due to toy product liability.

One of the best things you can do as a parent, in addition to keeping a close watch on how your children play with new toys, is to sign up for the U.S. Consumer Product Safety Commission's email alerts at www.CPSC.gov.

The following list includes the most common safety hazards related to children's products:

Lead Poisoning 

Babies tend to put things in their mouths--it's a fact we have to deal with. A surprisingly high percentage of recalls result when lead levels in paint or other parts of a product are higher than the federal lead paint standard. When lead is ingested--at any age--it can cause adverse health effects, but for children the risks are even greater. Due to their smaller body sizes and developmental stages, children are more susceptible to neurological damages. In extreme cases, lead poisoning can cause kidney failure, convulsions, coma, or even death.

If you visit www.CPSC.gov, you'll find a long list of recalls for toys that contain high levels of lead. One of the largest November recalls is from the trendy jewelry and accessory store Claire's Boutiques Inc., which is especially popular with the pre-teen crowd. The store voluntarily recalled about 67,000 Best Friends Yin Yang Necklace Sets due to their high levels of lead. Additionally, the Disney Store recalled 8,000 Tinker Bell Wands, which were found to violate the federal lead paint standard.

Continue reading "Avoid Dangerous and Defective Toys During the Holiday Season" »