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A staggering number of families have made claims against the drug manufacturing company GlaxoSmithKline. These claims are centered around GlaxoSmithKline’s drug Zofran (the generic form of which is named ondansetron and is commonly used to prevent nausea, vomiting and other sicknesses in cancer patients during various cancer surgeries, chemotherapy and radiation therapy) and that Zofran factored into negative effects as a result of being prescribed and consuming the drug while pregnant, particularly in terms of various types of birth defects.

Zofran is a drug that frequently can be prescribed and used in attempts to cure morning sickness in pregnant females. Many of the women are prescribed Zofran during their first trimester (due to the large amount of nausea and overall morning sickness experienced during that specific period of their pregnancy). Furthermore, research has found that during the first trimester of the pregnancy the fetus is its most vulnerable. Thus the fetus can be negatively affected by outside elements that factor into proper human development, such as the Zofran drug taken by their pregnant mothers during pregnancy.

The FDA has recognized Zofran a Category B pregnancy medication. This recognition has been given to Zofran because a properly controlled testing of the drug’s safety is unavailable to be done on pregnant women. Although, researchers have continued to examine the effects of Zofran by observing infants, whose mothers took Zofran, after their birth. Many researchers have found an increase in negative effects among those infants, when compared to infants whose mothers did not take Zofran during pregnancy. The birth defects of Zofran include:

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Furniture related tip-over accidents occur throughout the household. The results of these accidents can be dangerous and in some cases life threatening, especially to the young small children of the household. Since 1989, at least six child deaths and over 70 injuries in tip-over furniture related accidents have occurred. Most recently, in the past three years there have been three child deaths and numerous reported and unreported injuries as a result of Ikea furniture related tip-over accidents. These accidents have forced Ikea to recall various free-standing furniture.

In 2016, Ikea struck an agreement with federal regulatory officials to announce a recall over their furniture related to tip-over accidents, specifically free-standing dressers and chests. The recall applies to over 29 million pieces of furniture in the United States, in what is the largest furniture safety recall in American history according to the Consumer Product Safety Commission. Elliot F. Kaye, the head of the Consumer Product Safety Commission, delivered a statement speaking to the dangerousness of the recalled Ikea furniture. Kaye emphasized the seriousness of the dangers in those households with young children because in many cases children attempt to climb or pull on the furniture, and if the furniture is free-standing, a tip-over related accident may occur.

According to the recall agreement, customers are able to choose from two options. The first option is Ikea will pick up all recalled furniture from the customer’s home and offer the customer a refund. According to the second option, Ikea is offering to install wall anchor kits to secure the recalled furniture to a wall or any other secure surface for those customers not looking to return their recalled dressers and chests.

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Fresenius Medical Care (FMC) is the world’s largest provider of kidney dialysis services products and is responsible for the materials of thousands of dialysis centers across the United States. Recently, the company was obligated to recall two of its dialysates, GranuFlo and NaturaLyte.

On March 29, 2012 the Food and Drug Administration (FDA) delivered a Class I recall of the two FMC manufactured drugs due to their negative side effects on dialysis patients. Among the adverse effects caused by GranuFlo and NaturaLyte were cardiac arrhythmia and an increased risk of low blood pressure. The totality of the negative effects (caused by use of GranuFlo and NaturaLyte) led to serious health concerns, including but not limited to:

  • Heart arrhythmia
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Are common talcum-powder products a leading cause of cancer? Over 1,200 current and former lawsuits would argue that the talcum-powder, also known as talc, products are doing just that, causing cancer. Among the lawsuits are allegations that a common talc product producer, Johnson & Johnson, had knowledge of their talcum-powder products’ potential cancer risks, yet chose not to give their customers any cautionary warning.

Talcum-powder is regularly used in the production of various feminine hygiene products, including but not limited to sanitary napkins, powders, makeups, shampoos, lotions, lipsticks, deodorants, face masks, shower products, and eye shadow. According to the Campaign for Safe Cosmetics, “Some talc may contain the known carcinogen asbestos, therefore it should be avoided in powders and other personal care products, unless it is known to be asbestos-free.” Johnson & Johnson’s Shower to Shower is recognized as one of the most popular talcum-powder based products. Also, the Cancer Prevention Research journals cite an increase of the association of genital powder use and epithelial ovarian cancer.

Since the use of talc products has been linked to lung cancer, various respiratory diseases and ovarian cancer many foreign nations have been taking the necessary steps towards barring health threatening talc cosmetic products. For instance, Canada has put in place strict regulations on talc use in baby products and the European Union has gone as far as banning the use of talc in cosmetic products all together. Currently, the United States has no such regulations or a ban of talc products.

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The Michigan based Stryker Corporation, a medical technology firm, has been the under the spotlight due to their medical device recalls. In 2012, Stryker was forced to recall the popular surgical implant or replacement medical products Rejuvenate and ABG II Modular-Neck Hip Stems due to their connection to patient problems and negative side effects.

Rejuvenate and ABG II Modular-Neck Hip Stems were unlike any of the current hip implant technology on the market. At that time the market was known for using a one-piece neck and stem construction, but the Rejuvenate and ABG II Modular-Neck Hip Stems were constructed using a system of multiple stem and neck mechanisms. The multiple components were instrumental in allowing for a more custom fit for implant or replacement patients. The products’ qualities including the system of multiple components, coupled with theoretical stability, longevity and larger range of motion, allowed Stryker Corp. to advertise the Rejuvenate and ABG II Modular-Neck Hip Stems as one of the top of the line performance surgical products, especially to younger patients in need of implant procedures.

Stryker also made their Rejuvenate and ABG II Modular-Neck Hip Stems with an alloy that allegedly was stronger than other alloys being used on that time’s current market. Stryker additionally claimed that their alloy blend “resembles that of bone.” The alloy blend consisted of titanium, iron, molybdenum and zirconium. Stryker maintained that this blend would deter metal corrosion and fretting, which is where small metal flakes break off and enter into the body. Unfortunately, Stryker was incorrect and the alloy blend based products caused serious negative side effects, predominantly the release of combinations of toxic metals into the body of the implant or replacement patient.

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In 2007, the Federal Railroad Safety Act (FRSA), 49 U.S.C. §20109, was amended so there was a shift of authority for railroad worker whistleblower protections from the Federal Railroad Administration (FRA) to the Occupational Safety and Health Administration (OSHA). Also, the amended code included new rights, remedies and procedures in regards to the whistleblower protections.

In 2008, the Rail Safety Improvement Act again amended FRSA to explicitly prohibit disciplinary actions or threats of disciplinary actions of employees for requesting medical treatment or for following medical treatment orders, first-aid treatment, or for following orders or treatment plan of a treating physician.

The employer is in violation of the FRSA if they take adverse actions against an employee for filing an accident report or unsafe condition. These adverse actions include the following types of practices: firing; laying off; blacklisting; demoting; denying overtime; denying promotion; disciplining; denying benefits; failing to hire or rehire; intimidation; making threats; reassignment affecting promotion; reducing pay; reducing hours; discipline an employee for requesting medical or first-aid treatment; discipline an employee for following orders or treatment plan of a treating physician or forcing an employee to work against medical advice.

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Takata, one of the largest manufacturers of airbags in the world, was hit with another recall by Toyota and Lexis. The latest recall involves almost 198,000 vehicles. The Toyota airbag recall comes on the heels of a General Motors recall of more than 200,000 vehicles.

The alleged design defect in the airbags has been attributed to a dual stage front passenger inflator, which is susceptible to failure or rupture upon deployment in the event of an accident. The result of which can propel metal fragments into vehicle passengers causing serious personal injury.

Toyota and General Motors have both issued recall statements, in particular 2008-model year Corollas and Lexus SC 430’s manufactured between 2008 and 2010. According to GM, vehicles with Takata airbags may also impact SAABS, Saturn, and other vehicles in model years ranging from 2003 to 2011. More than 34 million vehicles with Takata airbags have recalled been in the United States.

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BOSTON SCIENTIFIC TRANSVAGINAL MESH TRIALS

            Mesh trials against Boston Scientific for pelvic mesh products have been met with mixed results. To date twelve cases have gone to a jury against the manufacturer of the recalled Pinnacle system, the Uphold system, and the Obtryx sling.  The Plaintiffs’ have won eight of these cases and the Defendant has won four.

Most recently in Missouri, Boston Scientific prevailed in a case in Kansas City, Missouri. A jury found that the Solyx mesh product, and a C.R Bard mesh product named the Align, were not defectively designed. This trial marked the first time that a mesh trial was conducted against the manufacturers of two different mesh products.

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Transvaginal Mesh Update

As summer ends there is optimism regarding upcoming transvaginal mesh settlements. Recently firms have settled with C.R. Bard, and Coloplast for sums that exceed the previous settlements with American Medical Systems, (AMS).

Recently C.R. Bard settled approximately 3,000 cases for 200 million dollars. This number exceeds the previous per case average set by the American Medical Systems settlement from May of 2014. C.R. Bard manufactured Avaulta mesh for pelvic organ prolapse, and several other products for stress urinary incontinence, such as the Align, and the Ajust. The Naumes Law Group is optimistic that settlements for women who have been injured by products manufactured by Boston Scientific and Ethicon will occur in the near future.

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Last night, Amtrak Northeast Regional train 188 derailed in Philadelphia, killing 6 and injuring hundreds. The train, operating from Washington to New York, overturned and crashed at approximately 9:45 p.m. It was carrying 238 passengers and a crew of 5 at the time of the accident.

Emergency crews worked thru the night to rescue passengers from the wreck. Firefighters needed hydraulic tools to cut the twisted steel and free trapped passengers and crew members. 6 cars in the train derailed, one of which struck a steel utility pole.

The accident occurred near Frankford Ave in northeast Philadelphia while rounding a sharp curve. This area was also the scene of a 1943 train accident in which 79 people were killed. The 1943 accident was caused by equipment failure. Continue reading