Articles Posted in Product Liability

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A source reports that Matrixx, makers of Zicam Cold Remedy are involved in a class action suit because their product (Zicam) causes loss of smell in its users.

Matrixx of course wants the case dismissed, relates a spokesman. They claim that this is not true, of course.

The District Court granted this motion, explains the expert, but the Ninth Circuit reversed the motion, saying that the District Court made a mistake when they required an allegation of statistical significance to establish materiality. Instead, they came to the conclusion that the complaint thoroughly claimed information linking Zicam and its user’s inability to smell, otherwise known as anosmia. There were also allegations that Matrixx withheld information about reports to these side effects and about lawsuits already pending by Zicam users that they knew about the wrong doing. This is obvious personal injury.

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A federal jury in Islip, New York, has ruled for Toyota in a case of sudden acceleration in New York. This is in Suffolk County and near Nassau County.

The jury deliberated for less than an hour before finding Toyota was not responsible for a doctor’s 2005 Scion sudden acceleration and collision into a tree, sources tell us. The jury found the driver to be at fault, instead.

It was all the driver, not the brake or the floor mat which may have caught the accelerator, a lawyer for the car company reported. The doctor “made a mistake in the operation of his 2005 Scion TC”, the lawyer said to the jury. “He made a simple but unfortunate mistake.”

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A study points out that in the past year, the U.S. Consumer Product Safety Commission (CPSC) has had a slue of recalls for cribs that are both drop-sided and non-drop sided and they have been manufactured all over the world, including the United States.

Investigators in The Bronx and Brooklyn are questioning why products for such a vulnerable group aren’t tested properly. “Why should children’s lives be at risk,” One salesman asks and adds, “Where is product testing when it comes to infants’ and children’s furniture? Why is it taking so long for companies to define, adopt and implement standards of excellence that prevent dangerous children’s furniture from reaching the marketplace at all?”

He sights examples from several manufacturers including Graco in April of 2010, who recalled 217,000 drop-side cribs. The company had received nearly 100 reports of the cribs hardware coming undone and six reports of children falling out of the crib when it came undone. The cribs were manufactured in China and VietNam cost families between $140 and $200.

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Product liability cases are often long and complex. This case was no exception to that rule. A dead woman’s estate brought a wrongful death action, stating that the woman had died in an accident due to the fact that the rear aisle seat of her SUV has only lap belts instead of lap-and-shoulder belts.

The case was dismissed at the state trial court level and on appeal it was affirmed. The court found material that specifically required the installation of passive restraint devices (seatbelts) pre-empted a state tort suit against an auto maker who failed to install airbags.

In this particular case, the Federal Motor Vehicle Safety Standard stated that auto makers are required to install seat belts on rear seats and the must install lap-and-shoulder belts on seats next to car doors or frames. However, they may put in either lap belts or lap-and-shoulder belts on rear inner seats – meaning in an aisle.

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Various dentists tell New York Injury Lawyer that fluoride causes dental issues and the U.S. Department of Health has decided to lower the level of fluoride in the drinking water. This announcement was made to combat the many dental issues that have arisen across the nation. The Department of Health and Human Services gave a recommendation that the level of fluoride in water should be 0.7 milligrams per liter of water instead of a range recommendation that exceeded that amount.

Of course, according to the dental profession, the recommended level is not going to be in effect right away. The Lawyer who practices in New York City and Long Island agrees that it is in the best interest of the public to have some time to think about this and to comment on so thirty days is the time period to listen to any complaints.

The Department of Environmental Protection has decided to do their own investigation and research in the meantime and so they will be reviewing the highest degree of fluoride that should be allowed in the water.

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Royal Caribbean’s latest return to Tampa wasn’t so sunny. After a six-day cruise, many guests came down with what the company has called a gastrointestinal illness. Reports of the intensity or cause of the illness were not released at the time of this statement. Everyone seems to be recovering fine from the ordeal.

Passengers and their families were treated for free due to the large amount of people who contracted the illness, states a New York Injury Lawyer. Passengers stated that they couldn’t have been happier with how the situation was handled. From the captain down to the crewmembers, everyone was the epitome of professionalism and decorum. But this is a case of product liability.

After any outbreak of illness, the ship must be cleaned before any new passengers step on board, reported a passenger. This cleaning isn’t the usual run-of-the-mill cleaning that normally takes place between cruises, but an intense ultra-cleaning.

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The Food and Drug Administration recently warned health care workers and patients about a gas-reducing drug that could possible increase the risk of hip, wrist and spine fractures, said a New York Injury Lawyer.

The FDA is saying that proton pump inhibitors (PPIs) will soon be changing its label with these additional risk warnings for patience taking the drug and physicians who prescribe it, explained a Lawyer.

The new label with this safety information is based on FDA’s review of several studies on patience who have been given larger doses of the drug and that have been taking it for more than a year. These patients had the highest risk for fracture according to the study and most were older than the age of 50.

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The Food and Drug Administration recently revealed more than a dozen cases of severe injuries to patient’s livers who used the drug orlistat for a duration of nearly ten years, said a New York Injury Lawyer.

Orlistat, also known as Alli and Xenical, will be changing its label to reflect these new risks, which were uncovered by the FDA’s review, according to New York Injury Lawyers.

The new label will include safety information warning patients that Orlistat will increase their risk for severe liver injury when taken over a period of ten years.

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NY Product Liability Lawyers say the lawsuits against Bayer Corporation continue to grow in regards to the it’s birth control products Yaz and Yasmin.

In its most recent case, a woman has charged that Yaz birth control pills led to a severe gall bladder problem resulting in surgery.

“I was never warned properly by either Yaz birth control or Bayer Corp. about this type of a side effect,” the woman claimed. She goes on to charge that Yasmin Birth Control and Bayer were aware of the risks and neglected to warn women of the possible serious health risks.

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A three-week trial’s recent outcome awarded $12.9 million to the husband of a woman with severe jaw damage as a result of taking the drugs Aredia and Zometa.

The total award amount was reduced to $1.26 million due to the state’s laws limiting punitive damages, according to New York Injury Lawyers.

Jurors came to the conclusion that Novartis Pharmaceuticals Corp., with U.S. headquarters in New Jersey was responsible for the woman’s injuries because they failed to warn the woman effectively about the effects of the drugs. Product Liability is often brought to firms in Long Island and Westchester County.

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