Charlottesville Personal Injury Lawyer

Maclaren Failed to Report Finger-Chopping Danger

Paul Thomson — Fri, 20 Nov 2009 09:00:00 GMT

Maclaren recently recalled strollers made as far back as 1999 because the stroller hinge can cause a child's finger to be amputated when placed in the hinge upon opening or closing the stroller. Twelve children have had their fingers amputated! The New York Post reported that Maclaren knew about the defect as early as 2004, when the first finger amputation was reported.

Maclaren now faces fines up to one million dollars for failing to report the problem to the Consumer Product Safety Commission. Companies are required to report dangers to the CPSC immediately. The fact that Maclaren failed to do so is absurd! Twelve children have lost their fingers--that's ridiculous! Customers are encouraged to take advantage of the recall and Maclaren needs to be held accountable for their lack of responsibility!

Originally posted at InjuryBoard by Paul Thomson

Validity of Pfizer Neurontin Drug Study Questioned

Paul Thomson — Wed, 18 Nov 2009 00:01:00 GMT

Studies on the Pfizer Inc. drug Neurontin may have been skewed in order to have favorable results, reports Bloomberg. The drug is intended to treat epilepsy, however the studies focused on uses for Neurontin that had not yet been approved by the FDA. Researchers found that data from the studies on Neurontin that made its way into medical journals was inconsistent with the actual findings from the trials. Unfortunately, medical professionals assume these publications contain accurate information. What this points to is that Pfizer may have attempted to mislead the medical community about the effectiveness of Neurontin for certain off label uses. Pfizer denies this.

"Physicians are allowed to prescribe drugs for uses not approved by the FDA, and drugmakers are allowed to provide publications about off-label uses," the article states. When they are prescribing drugs for uses not approved by the FDA, studies such as the Neurontin study are doctors only source of information. Drugmakers need to provide accurate information in order to promote the best interests of doctors and patients. Our health depends on drugmakers' reliability!

Originally posted at InjuryBoard by Paul Thomson

Aluminum Bat Manufacturer Found Liable For Player’s Death

Greg Webb — Mon, 16 Nov 2009 14:58:24 GMT

After twelve hours of deliberation, a jury in Lewis and Clark County, Montana recently sided with the parents of former Miles City American Legion baseball pitcher Brandon Patch, who died after being struck in the temple by a batted ball in a 2003 baseball game against the Helena Senators. Hillerich & Bradsby Co., an aluminum bat manufacturer best known for their Louisville Slugger bats, was found liable for Patch’s death because it failed to provide adequate warning as to the dangers of the bat used by a Helena Senators batter. Hillerich & Bradsby Co.’s attorneys argued any other bat would not have hit the ball any differently; in fact, they claimed most bats on the market would have stuck the ball even harder and that Patch’s death was a tragic accident. The Patch family’s attorneys, however, argued Brandon only had 378 milliseconds to respond to the batted ball, whereas most bats on average give 400 milliseconds to respond. The bat manufacturer was ordered to pay $792,000 to Patch’s estate. The funds were allocated to cover the earnings Patch would have made had he lived, and the pain he suffered for four hours after the injury before ultimately dying. Another $58,000 was awarded to Patch’s parents for funeral expenses and their mental grief.

Aluminum bats have faced a lot of scrutiny due to their internal wall structure and because their weight is more evenly distributed than wooden ones, making them easier to swing harder and faster. A third decision made in the suit was that the bat was not defective, therefore making it more dangerous like the Patch family attorneys claimed. The Patch family said the suit was never about the money but was to get adequate warning about the dangers of these bats so something like this will not happen again. They have also started to advocate for the use of wooden bats. Brandon Patch’s baseball team reverted to wooden bats after his death.

Originally posted at InjuryBoard by Greg Webb

DOJ Indicts Stryker Biotech On Charge Of Fraud

Greg Webb — Mon, 16 Nov 2009 14:45:31 GMT

The Justice Department has reported that Stryker Biotech LLC, the medical device manufacturing division of Stryker Corp., and its top management have been indicted on federal charges of fraud due to a marketing scheme for bone-growth products OP-1 implant and OP-1 putty. These two products were promoted for use in a manner different from the use approved by the Food and Drug Administration (FDA). Although Stryker did have a federal exemption that authorized it to sell the products for "humanitarian" reasons to treat a rare condition, it instead promoted a combination of the devices with a bone void filler called Calstrux and provided "recipes" on how to combine Calstrux with OP-1 in ways never approved by the FDA.

The indictment charged Stryker Biotech, its former president, and three current sales managers with a scheme that involved devices used during invasive long bone and spinal surgeries; the former president and the company were also charged with making false statement to the FDA. If the company is convicted, it could face serious fines and possible exclusion from participating in federal and state healthcare programs. The former president and the three sales managers could also face jail time if convicted of wire fraud conspiracy and misbranding charges.

Because of the potentially negative ramifications of a conviction, Stryker is expected to aggressively pursue a settlement.

Originally posted at InjuryBoard by Greg Webb

Corruption in Psychiatric Healthcare

Paul Thomson — Mon, 16 Nov 2009 01:00:00 GMT

The Chicago Tribune reported startling ties between psychiatrist Dr. Michael Reinstein and pharmaceutical company AstraZeneca. The doctor, worth about a half million dollars to the drug maker, did research on the antipsychotic drug, Seroquel. Dr. Reinstein claimed his research found the best-selling drug had the pleasant side effect of decreased appetite, resulting in patient weight loss, despite the fact that Seroquel and similar drugs have been linked to weight gain and diabetes.

Communication between the two parties is even shadier than the unusual research conclusions. Dr. Reinstein, who also did promotional tours for AstraZeneca, is said to have made demands for his expenses to be covered and to have made threats to prescribe his patients to a competitor if his wishes were not fulfilled. AstraZeneca officials who were skeptical of Reinstein's research findings were hushed by others in power due to the doctor's importance as a customer. Both Reinstein and the company have denied making such statements, however, records of spending reveal that AstraZeneca paid the doctor $490,000 over ten years. While it is not uncommon for companies to pay researchers, this amount is excessive and also should be disclosed to the public.

AstraZeneca and Reinstein broke ties in 2008 for unknown reasons, but regardless, patients' lives were changed. Several individuals are quoted in the article who have gained excessive weight and been diagnosed with diabetes since taking Seroquel prescribed by Dr. Reinstein. It is unacceptable for doctors and drug companies to disregard their patients' well-being in order to make a profit. Corporate and individual greed does not have a place in our healthcare system!

Originally posted at InjuryBoard by Paul Thomson

Hospitals Rarely Disclose Adverse Events to Patients

Paul Thomson — Fri, 13 Nov 2009 09:30:00 GMT

Medpage Today reported that hospitals rarely give their patients explanations when they experience adverse effects of treatment. A survey revealed that over sixty percent of the time, patients do not receive explanations for adverse events. However, when patients were told about adverse events, they were twice as likely to rate the quality of care highly. About 31% of the events were preventable; and some 40% of the effects were related to medications started during the hospital stay. The physician review also determined that three quarter of the effects were severe.

Disclosure was associated positively with favorable patient impressions of the hospital care they received.

This is because an increased level of communication can lead to greater trust from the patient, an more positive perception of care, and possibly even a lower risk of malpractice. Dr Wachter in an editorial stated that the study "adds to the accumulating evidence that disclosure is not only ethically correct but, if done well, can lead to higher levels of patients’ trust, increased perceptions of quality and perhaps even lower malpractice risk." Hopefully, studies like these will provide physicians the confidence to start fulfilling their ethical duties and advising patients of adverse events and effects.

Originally posted at InjuryBoard by Paul Thomson

Dangerous Strollers Recalled

Paul Thomson — Thu, 12 Nov 2009 09:20:05 GMT

Maclaren recently recalled one million strollers after reports that childrens' fingertips were amputated by becoming stuck in a hinge mechanism. About fifteen reports of finger amputation have been made. The incident occurs when a child's finger becomes caught while opening the stroller and locking it into place. The recall includes the following stroller models: Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno and Easy Traveller. They have been sold at Babies "R" Us, Target and other stores around the country since 1999. Maclaren plans to give customers covers to protect fingers from the hinge. Use caution when using the strollers! Hopefully Maclauren will do a better job with future product design and development.

Originally posted at InjuryBoard by Paul Thomson

Toyota & NHTSA Ignore Runaway Vehicles

Paul Thomson — Tue, 10 Nov 2009 11:30:00 GMT

Both Toyota and the National Highway Traffic Safety Administration (NHTSA) have been ignoring customer reports for years! More than 1000 reports of sudden acceleration have been made since 2001, as reported in an LA Times article. However, the majority of cases have been discarded due to Toyota finding them insignificant or irrelevant for various reasons. The NHTSA has supported this practice as well, emphasizing that it does not mean that each case is not reviewed and taken seriously. Several investigations have taken place over the years, each concluding that there is not a defect in Toyota vehicles. Regardless, there have been severe accidents resulting in lost and dramatically altered lives.

Only since a fatal crash in August has Toyota been brought into the spotlight. While the current news of a possible acceleration defect and Toyota and the NHTSA's lack of swift action have been bothersome on their own, knowledge of the issue being such a long-standing problem is more than shocking. The lack of responsibility and concern for the safety of customers and all other drivers on the road is repulsive! A solution to the problem is past overdue--someone needs to take action!

Originally posted at InjuryBoard by Paul Thomson

Toyota Backs Down from Misleading Statement

Paul Thomson — Tue, 10 Nov 2009 10:15:45 GMT

The American Association for Justice reported on a disagreement between Toyota and the National Highway Traffic Safety Administration (NHSTA) in regards to the acceleration problem in Toyota vehicles. Toyota released a statement stating that the NHSTA had confirmed "that no defect exists in vehicles in which the driver's floor mat is compatible with the vehicle and properly secured." Toyota urged customers to remove the driver's floor mat to solve the problem. However, the NHSTA responded that they did not agree that the acceleration problem was only due to floor mats, but that further investigation of a defect in the vehicles is under investigation.

NHTSA believes that the problem is related to the accelerator and floor pan design, which would be a design defect.

Toyota has now gone back on their misleading statement and confirms that removing floor mats was only intended to be, and still is, an interim solution. Defects in Toyota vehicles are still under investigation.

What is troubling is the fact that some incidents of sudden acceleration in Toyota/Lexus vehicles have been experienced in cars without all weather floor mats; some operators who have experienced sudden acceleration claim that they never pressed the accelerator, and Toyota has blamed floor mats for sudden acceleration in other vehicles not subject to the recall, while at the same time not issuing a recall for those models. In my opinion, the facts don’t add up, and it is likely that a mechanical or electrical defect will be found.

Originally posted at InjuryBoard by Paul Thomson

Zero Motorcycles Recalled Due to Crash Hazard

Paul Thomson — Mon, 09 Nov 2009 09:00:00 GMT

About 200 Zero X and Zero MX Off-Road Motorcyles from the Model Year 2009 have been recalled because the throttle can get stuck in the open position or get disconnected. This can cause the motorcycle to go to full power when in the "Easy" or "0-25" mode without warning. This is extremely dangerous to the rider, as they can loose control and become injured. Although there have only been three reports of unexpected acceleration and only one case of minor injuries, this defect clearly has the potential to cause serious damage to a rider or bystanders. If you have a zero off road motorcycle, check for your model number here to determine if your motorcycle has been recalled. Stop using a recalled motorcycle immediately and contact Zero Motorcycles to schedule a free repair.

Originally posted at InjuryBoard by Paul Thomson