Supreme Court Upholds Consumer Rights for Safer Drugs

On March 4, 2009, in Product Safety, by admin

In a decision just released, the Supreme Court has upheld a 6.8 million dollar verdict for Diane Levine, (Levine v. Wyeth) and at the same time took a step in the right direction for making pharmaceutical drugs safer for all.

The plainiff, Diane Levine, was given a given “push injection” of the drug Pheneragen, manufactured by Wyeth.  She developed complications from an apparent mistake in the injection, and ultimately had to have her forearm amputated.

Although Levine won at the state level, Wyeth, appealed arguing that a 2006 regulation of the Food and Drug Administration should mean that such cases are barred at the state level.  Read more about preemption.

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21 Reasons the American Trial Lawyers are on Your Side

On November 24, 2008, in Product Safety, by admin

As President Bush gets ready to leave office, the American Association for Justice (AAJ) will be montering 21 possible regulations that could prove devastating to consumers’ safety and their right to hold corporations accountable for producing dangerous products. Regulations to have 60 days to go into effect before President Bush leaves office and that deadline is quickly approaching.
 

“In their final days, we hope the Bush administration will keep in mind the safety of consumers over the corporate profits they have sought to protect time and time again,” said AAJ President Les Weisbrod.

The list which includes safety standards for over-the-counter drugs, sunscreens, automobile safety standards, and crashworthiness of railroad cars transporting hazardous materials mostly contains the “preemption” language that could prohibit using the civil justice system as a means to hold manufacturers responsible for unsafe products.
 
The pending regulations AAJ has been following include six from the Food and Drug Administration, nine from the National Highway Traffic Safety Administration (NHTSA), three from the Federal Railroad Administration (FRA), a regulation from the Department of Homeland Security (DHS), and a regulation from the Transportation Security Administration (TSA).
To read the complete list

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Pain Pump Catheters Linked to Shoulder Deterioration

On November 16, 2008, in Product Safety, Uncategorized, by admin

Intra-articular pain pump catheters devices that are temporarily implanted in the shoulder during surgery and have been linked to a serious injury know as Postarthroscopic Glenohumeral Chondrolysis (PAGCL). This is an extremely painful condition involving the deterioration of cartilage in the shoulder joint. Symptoms of PAGCL include very limited mobility, weakness in the affected shoulder and arm and pain in the shoulder. Popping, clicking and grinding in the shoulder are also symptoms of PAGCL.

For years, surgeons have used the intra-articular pain pump for managing pain. Because these flexible plastic catheters deliver pain medication directly to the joint, and they can extend the effectiveness of other shoulder numbing agents for up to 48 hours.

However,a study published in the American Journal of Sports Medicine concluded that these pumps were associated with PAGCL. This association was greatest when the intra-articular pain pumps were used to deliver a combination of the painkillers bupivacaine and epinephrine directly into the shoulder joint space.

In spite of this knowledge, the manufacturers of these pumps have persisted in recommending that physicians deploy the pumps to inject medicine directly into the joint space.

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Dangerous Foreign Products

On November 15, 2008, in Product Safety, by admin

The American Association of Justice (AAJ) whose mission is to is to promote a fair and effective justice system, in partnership with American University’s Washington College of Law, has issued a report on dangerous foreign products.

AAJ argues that foreign producers are protected by the complex web of laws, policies, and practices. This means that when someone is injured or killed while using a product not manufactured here in the United States (think of where things are coming from these days)it is difficult if not impossible to sue these foreign manufacturers in domestic courts.

These manufacturers  can often set their prices lower because they are not subject to the equal prospect of restitution U.S. manufacturers face if a consumer is injured by their product.

To see the actual reports, see http://www.justice.org/Unavailable_and_Unaccountable.pdf

 

 

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MP3 Players and Cellphones can cause hearing loss

On November 12, 2008, in Product Safety, by admin

A recent study conducted in the European Union shows that teenagers are at risk of hearing loss from listening to their MP3 players too loudly for more than five hours a week. The report said that those who listened for only five hours a week at high-volume settings exposed themselves to more noise than permitted in the noisiest factory or workplace.

The study targeted “leisure noise”, including noisy cell phones and MP3 players, as a source of stress for the ears. The report says that listening to music over 89 decibels for just five hours a week exceeds the work-place limits, and more than that can cause permanent hearing loss after 5 years. The scientists calculated that the number of people who fall in that category of permanent hearing loss is about 10% of listeners, or 10 million in the EU. Scientists speculate that an increase in listening volume levels is dues to advanced technology which allows us to play our music at louder volumes without any distortion.

Researchers at Northwestern University advocate the “60/60 rule,” which means MP3 players should be used at no more than 60 percent of the maximum volume and for no longer than about 60 minutes per day.

There is good reason for concern for your hearing if you regularly use a mobile phone and MP3 player, particularly if you enjoy them at higher volumes.

 
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