Graco Stroller Recall

As if you didn’t have enough to worry about as a new parent:

Four deaths have been blamed on the older model versions of the Quattro Tour and MetroLite strollers made by Graco Children’s Products Inc. of Atlanta. For this reason, the company is now recalling about two million of those models. The four infant deaths referenced occurred between 2003 and 2005.

In addition to those four deaths, six other infants suffered either cuts, bruises, entrapment or breathing difficulties after being placed in those strollers. The potentially dangerous Quattro Tour strollers were made before November 2006 and the MetroLite strollers were manufactured prior to July 2007. The full Consumer Product Safety Commission detail on the recall is here.

Call us at 713-529-1177 if your child or someone you know has been hurt by these products, and we can provide you with your legal options.

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Weight Loss Drug Meridia Pulled from Market

Today, the obesity drug Meridia has been withdrawn from the U.S. market because of an increased risk of heart attack and stroke. Pharmaceutical giant Abbott Laboratories voluntarily agreed to pull the drug after a U.S. Food and Drug Administration review of data that showed a 16 percent increased risk for heart attack, stroke and death among people taking Meridia (sibutramine), compared with those taking a placebo.

Currently, about 100,000 people in the United States take Meridia, Dr. Gerald Dal Pan, director of FDA’s Office of Surveillance and Epidemiology, noted at the news briefing.

The FDA approved Meridia in November 1997 for weight loss and maintenance of weight loss in obese people, and in overweight people with other risks for heart disease.

In a recent editorial, the New England Journal of Medicine called Meridia “another flawed diet pill.” They note that in return for offering a weight loss of under 9 pounds — less than 5% of the body weight of the overweight participants in the study — the drug had a one-in-70 chance of causing a heart attack or stroke.

If you have taken Meridia and have suffered a heart attack or stroke, contact us today to discuss your legal options.

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Hip Implant Recall

DePuy Othopedics Inc has announced the recall of their ASR Hip Resurfacing and Replacement Systems due to an abnormally high rate of failure associated with the devices. In total about 93,000 DePuy hip resurfacing and replacement devices are covered under the recall. The recalled components include the DePuy ASR XL Acetabular System and DePuy ASR Hip Resurfacing System. The resurfacing system was not approved for use in the U.S. and therefore should not be of concern to most Americans; however, thousands of Americans have had the DePuy XL Acetabular Hip Replacement System implanted.

The data shows that five years after implantation, about 12% of patients who had received the ASR resurfacing device and 13% of patients who had received the ASR total hip replacement needed to have a revision surgery.

We are providing free consultations and claim evaluations for individuals who received the DePuy ASR XL Acetabular System or DePuy ASR Hip Resurfacing System who have experienced:

  • Unexplained hip pain
  • Loosening of their hip implant
  • Failure of the hip replacement
  • Additional hip surgery to revise their implant

For a free consultation with us, please go to our website and fill out the contact form or call us at 713-529-1177.

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Med Mal Costs Are Only 2% of Health Care Spending

It is so frustrating to us that misrepresentations continue to be made by insurance companies in order to create fear in people.

Nowhere is this more apparent than in the “tort reform” of medical malpractice cases. A new study by the Harvard School of Public Health in the journal Health Affairs shows that medical malpractices costs are only 2% of health care spending in the United States. Although the full text of the study is not free online, you can read the abstract here.

Costs related to medical negligence litigation accounted for only 2.4 percent of total health care spending in 2008, far less than some tort “reform” advocates have been asserting, according to a new report. “This study, along with the vast majority of academic data, shows that limiting the rights of injured patients will do practically nothing to lower health care costs,” said American Association for Justice spokesman Ray DeLorenzi. Instead, our focus should be on preventing the 98,000 deaths that occur every year because of preventable medical errors.”

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small business home business

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Certain Zicam Class Actions Settled

Zicam-maker Matrixx Initiatives agreed to settle certain Zicam class actions related to false advertising and warnings. Zicam has agreed to add warning labels to their products should the FDA allow the return of zinc-containing Zicam products to the market. We are pleased that Matrixx has taken this first step to resolving this litigation and continue to work hard to resolved the personal injury lawsuits.

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Fosamax Trial Victory

A jury returned an $8 million dollar verdict against Merck this week for its drug Fosamax which causes osteonecrosis of the jaw (ONJ). Basically, it is a rotting of the jawbone that is irreversible. Along with last year’s $3 million dollar verdict for the IV form of the drug Aredia/Zometa, this verdict gives our Fosamax and Aredia/Zometa clients hope that justice will come for them too.

Not surprisingly, Merck claims it is seeking to overturn the verdict which it calls “excessive.” I don’t know, but it seems that an incurable rotting jaw from taking a dangerous drug is worth at least $8 million dollars.

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Zicam MDL Update

As most of our Zicam clients know, the MDL is moving along with the first phase of written discovery through the completion of fact sheets. In November of 2009, the Judicial Panel for Multi-District Litigation assigned all of the Zicam cases to Judge Frederick Martone in Phoenix, who will oversee pre-trial proceedings, discovery and the bellwether trial process for all of the lawsuits pending in the federal court system.

In the coming months, in addition to the production of fact sheets, we will be going through expert designations, establishing procedures for generic depositions, establishing procedures for document production relating to liability and scientific issues, and most likely a hearing to determine the scientific aspects of the case. It is expected that the first trials in the MDL will take place in 2011.

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Trial with Dogs: Helena Chemical v. Uribe

Trial is so much more fun when you bring your dogs. They have really enjoyed the Ramada Inn–they got walked 5 times a day and got to watch Animal Planet.

Anyway, closing arguments postponed until Wednesday…here is some news from the Las Cruces Sun-Times regarding the trial. I can’t comment on anything until trial is over:

Last day of testimony

Day 3 of Testimony

Day 2 of Testimony

Day 1 of Testimony

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