Charlottesville Personal Injury Lawyer - children

Window Coverings Recalled After 3 Strangulation Deaths

Greg Webb — Mon, 07 Sep 2009 19:14:57 GMT

Because three children have been strangled on product cords, millions of window coverings are being recalled by six companies: Lewis Hyman, Pottery Barn Kids, IKEA, Lutron, Vertical Land and Victoria Classics. Some of the coverings were also sold at Target and Expo Design Center stores. Two of the deaths were attributed to Lewis Hyman products; the company has since recalled 4.2 million roll-up blinds with plastic slats, sold across the United States from 1999 through 2003 for $6 to $20, and 600,000 Woolrich Roman shades, sold at Target from 2006 through 2008 for $25 to $43. The other death was attributed to a product manufactured by Vertical Land Inc., which also recalled thousands of blinds and shades that were sold in its Florida stores from 1992 to 2006 for $60 to $100.

Many other stores have followed suit in response to the deaths. Pottery Barn Kids/Williams-Sonoma Inc. recalled 85,000 Roman shades, which were sold at Pottery Barn Kids from 2003 to 2007 for $30 to $60. IKEA recalled 120,000 Melina Roman blinds, sold from 2006 to 2008 for $20 to $40. About 245,000 Lutron Shading Solutions fabric roller shades are also being recalled. Distributed by Lutron Electronics Co., the products were sold at specialty dealers and Expo Design Centers nationwide from 2000 through April 2009 for $200 to $2,000. Finally, Victoria Classics has recalled about 163,000 Roman shades in two styles -- thermal sailcloth and matchstick bamboo -- from Target, which were sold from September 2008 to June 2009 for $15 to $40.

Originally posted at InjuryBoard by Greg Webb

Nine Companies Pay Penalty For Lead In Toys

Greg Webb — Tue, 21 Jul 2009 08:00:00 GMT

As punishment for violating the federal lead paint ban, the United States Consumer Product Safety Commission (CPSC) announced nine children’s product manufacturers, importers and sellers, including Dollar General and Michael’s, have agreed to pay more than $500,000 in civil penalties. These penalties settle the allegations that the companies knowingly manufactured, imported, or sold toys and/or other children’s products with paint or surface coatings that contained high levels of lead. The high levels of lead found in the affected toys violated federal law due to the health risks lead poses in children.

In 1978, a federal ban was passed that prohibited children’s products from having more than .06 percent lead (by weight) in paints or surface coatings. The products involved in the settlement were recalled in 2007 and 2008, and include such items as pencil pouches, sunglasses, children’s metal jewelry, and Halloween baskets. Tests showed that the paint or surface coatings on these items contained lead in excess of .06 percent by weight. One firm even found products that contained surface coatings of nearly 60 percent lead.

It is unfortunate that these penalties are not higher. They amount to less than a slap on the wrist for these companies, whose conduct is unacceptable. Hopefully, most of the conduct was just grossly negligent, and not a true, wilfull violation of the law.

Originally posted at InjuryBoard by Greg Webb

Alarming Data in the Amount of Children Injured While Playing Baseball

Greg Webb — Mon, 22 Jun 2009 08:00:00 GMT

While baseball may seem to be a fairly safe sport, researchers have found that over a thirteen year period, more than one and a half million players under eighteen years of age were injured enough to be treated in emergency rooms. Although it is unclear how many children are involved in the sport, the Consumer Product Safety Commission (CPSC) claims there are about six million in leagues and another thirteen million playing baseball on their own.

Researchers discovered this alarming data after analyzing a nationally representative sample of emergency room visits from baseball-related injuries during the years 1994 to 2006 using data that was gathered by the CPSC. Though most of the injuries were minor and more than ninety-eight percent were treated in the emergency room and released, 24,350 required hospitalization, mostly due to fractures and concussions.

The data has shown a decline in the amount of injuries from 147,357 in 1994 to 110,602 in 2006 possibly due to improvements in equipment. For example, the most common injuries were caused by children being hit by the ball, however, the now softer safety balls have been offering more protection. A separate study has also shown there have been no facial injuries to batters wearing helmets with face guards. Doctors hope there can also be a change to encourage children to wear mouth guards while playing the sport for added protection.

It seems clear to this writer that the improvements in safety equipment have helped to reduce injuries. Having played baseball as a young man from age 7 to 18, when we did not use batting gloves and wore metal spikes, it is nice to see the game is a bit safer than in the "old days" when I played. But, for traditionalists, it may be shocking to see a young person going to bat with a helmet and face mask, and hitting a "safety ball". I guess it depends upon the angle from which you view the situation, but it is hard to argue with the above numbers.

Originally posted at InjuryBoard by Greg Webb

Report Says Children’s Products Contain Dangerous Chemicals

Greg Webb — Mon, 08 Jun 2009 08:00:00 GMT

A March publication from the Campaign for Safe Cosmetics reported finding formaldehyde and 1,4-dioxane, a trace contaminant of chemicals used in cosmetic products, in 55 children’s personal-care products. The Environmental Protection Agency lists these chemicals as probable human carcinogens. Seventeen of the products contained both chemicals, including Johnson & Johnson’s Baby Shampoo.

The same month, New York Senator Kirsten Gillibrand announced the “Safe Baby Products Act,” which asks the FDA to investigate chemicals used in children’s toiletries. She expressed concerns as a mother because many of the products listed in the report were products that she kept in her bathroom.

The editor of Stats.org, Trevor Butterworth, conveyed reservations about the implications of the report. Butterworth said that people are exposed to similarly low levels of these chemicals every day in food, air, and shower water, and that studies linking them to cancer are based on ingesting or inhaling large quantities of the chemicals in industrial or lab settings.

A statement from Johnson & Johnson said that all of their products meet or exceed requirements in every country in which they are sold.

Originally posted at InjuryBoard by Greg Webb

Take Precautions To Prevent Dangers of Treadmills

Greg Webb — Sun, 07 Jun 2009 22:02:03 GMT

The recent death of Mike Tyson’s 4-year-old daughter, found with a treadmill cord around her neck while her mother cleaned in another room, has called attention to the hazard that home exercise equipment poses to children. Doctors report that the emergency room sees approximately 25,000 children per year who suffer from a broad range of home exercise equipment-related injuries.

An Australian study last summer found that treadmill friction injuries account for about 1% of pediatric burns, but that number is on the rise. These treadmill injuries include a growing number of severe burns on the hands of children who touch around or under the treadmill belt while it’s running, and the burns can be severe enough to require multiple skin grafts or cause permanent disability.

While some incidents occur when unsupervised children play with unlocked equipment, many take place while a parent is using the machine. Australia is putting a new standard into effect this month that requires all new treadmills to carry a prominent warning sticker alerting treadmill users to keep children away from the machine when it’s in use. Owners should keep home exercise equipment locked and unplugged to prevent children from starting the machines and should position equipment so that parents have a clear view of approaching children while they exercise.

Originally posted at InjuryBoard by Greg Webb

Researcher Alleged to Have Ensured Positive Results To Drug Makers

Greg Webb — Fri, 03 Apr 2009 13:06:54 GMT

According to court documents, an influential child psychiatrist at Harvard University, told drug maker Johnson & Johnson that planned studies of its medications in children would produce results that would benefit the company. The psychiatrist outlined his plans to test the company’s drugs in presentations made to Johnson & Johnson’s executives. One slide referred to a plan to conduct a trial of risperidone, an antipsychotic drug, on preschool children. He allegedly claimed he would support the safety of this drug on the age group.

The doctor was the director of the Johnson & Johnson Center for Pediatric Psychopathology Research at Massachusetts General Hospital. He reportedly is one of the world’s most prominent advocates for diagnosing bipolar disorder in young children and using antipsychotic medication to treat this disease. He was the lead author of a trial published last year, which concluded treating a patient with risperidone improved the symptoms of attention deficit and hyperactivity disorder (ADHD) in bipolar children. A research scholar at a bioethics research institute raised questions, however, regarding how well-designed the doctor's trials were because of the alleged promise of a positive result to his funders.

Because of his association with Harvard University, the psychiatrist also faces claims of a conflict of interest in medicine, along with the claims he should not prescribe antipsychotic medication to children. The doctor has become a key witness in numerous lawsuits claiming the makers of antipsychotic drugs defrauded state Medicaid programs when they improperly marketed their products. As demonstrated through e-mails and internal documents presented in court, the doctor's work allegedly helped to increase the sales of these medications for children.

Much of the psychiatrist's work, however, was supported by the drug makers for whom he privately consults. From 2000 to 2007, he reportedly earned $1.6 million in consulting fees from these drug makers and allegedly failed to report all but $200,000 of it to Harvard University officials. Harvard and the National Institute of Health are now investigating whether this violates federal and university research rules. A New Jersey Superior Court judge, who is overseeing the multistate litigation, ruled that the doctor should be deposed. This has reportedly provoked him to suspend working with the drug industry during the investigation.

www.nytimes.com/2009/03/20/us/20psych.html

If the above allegations are true as reported, this is astounding. The drug companies have gotten to the researchers, governmental officials, governmental bureaucrats, governmental agencies, and on and on. Profits at all costs, and by all means, must end.

Originally posted at InjuryBoard by Greg Webb

Manufacturer of Lexapro - Forest Laboratories - Accused of Fraud

Greg Webb — Wed, 11 Mar 2009 12:28:39 GMT

The Justice Department has charged drug manufacturer Forest Laboratories with defrauding the government of millions of dollars after it, allegedly, illegally marketed popular antidepressants Lexapro and Celexa for unapproved uses in children and teenagers. Lexapro is Forest Lab’s biggest seller, with total sales of $2.8 billion in 2008. In the civil complaint, filed by the United States Attorney’s office in Boston, prosecutors claimed that for many years, former top executives of the company concealed many clinical studies that showed the drugs were not effective in children and may even cause some to become suicidal. Although current rules demand companies provide the results of all clinical trials, the trials of Lexapro and Celexa date to before these rules were in place.

Prosecutors also claim Forest Labs provided kickbacks, such as baseball tickets and gift certificates to expensive restaurants, to physicians who prescribed the drugs. Though it did not specify a figure, the government is attempting to recover three times the amount of money spent by federal programs to pay for pediatric prescriptions of the two drugs.

From 2001 to 2004, Forest Labs heavily publicized the clinical research that showed the drugs were effective; it did not disclose the negative clinical trial results within the company or to outside researchers. Prosecutors claim that by this failure to disclose negative results, the company told a half-truth to doctors who prescribe the medication. While it is legal for doctors to prescribe medication to patients, including children, for whom the drugs are not yet approved by regulators, it is illegal for companies to advertise these uses.

Lexapro and Celexa are forms of the drug citalopram. The Food and Drug Administration (FDA) currently approves the use of the drugs for adults only, though doctors still widely use these drugs to treat children. Now, however, these drugs, including Lexapro and Celexa, carry a "black box" warning that states the drugs may create suicidal thoughts or behavior in children. Forest Labs does not currently have a comment regarding the situation.

Originally posted at InjuryBoard by Greg Webb

Judge Rules CPSC Must Correct Loophole Regarding Hazardous Chemical

Greg Webb — Sun, 22 Feb 2009 19:59:16 GMT

A judge has recently ruled that the Consumer Product Safety Commission (CPSC) may not allow toys containing toxic manufacturing chemicals to remain on shelves after a ban goes into effect on February 10, 2009. The judge said the commission, whose purpose is to protect the American public, must correct a loophole that allows substances to remain in toys made before the ban. The ban relates to phthalates, which are dangerous chemicals used in soft plastics that when absorbed through the skin or mouth can interfere with reproductive hormones. A federal law passed last summer banned the chemical from being used in toys.

This decision has been considered a victory for children’s health. Had this decision not been made, consumers would have no idea whether or not their products contain hazardous chemicals or not. This ruling came much to the dismay of manufacturers who claim they would have to pull millions of dollars worth of products off of store shelves to comply. The CPSC plans not to appeal the decision.

Originally posted at InjuryBoard by Greg Webb

Pfizer Lawsuit by Nigerians Over Drug Tests May Go Forward

Greg Webb — Sun, 15 Feb 2009 18:04:40 GMT

A lawsuit against Pfizer for allegedly testing a new drug without the patients’ consent may go forward, said the U.S. Court of Appeals for the Second Circuit. The divided ruling allows 88 Nigerian families to pursue their claim against the drug manufacturer under a 1789 law that gives foreigners the right to tort claims in federal courts for violations of the "law of nations."

The lawsuit claims Pfizer tested 200 Nigerian children who had contracted meningitis during a 1996 outbreak. Pfizer allegedly treated half with Ceftriaxone, an FDA-approved drug, and the other half with a new drug, Trovan. The families claim they were not informed of the nature of the experiment or the possible fatal side-effects of Trovan. They also assert that Pfizer used lower doses of Ceftriaxone in order to boost the apparent effectiveness of Trovan. The testing led to the death of 11 children and left many others blind, deaf, paralyzed or brain damaged, according to the families.

In a statement issued the day of the court’s ruling, Pfizer said it had the consent of the parents of children involved in the study, and that the study "was consistent with both international and Nigerian laws." In addition, it states that the deaths and injuries were "the direct result of the illness, and not the treatment provided to patients" in the study.

The 1789 law, also known as the Alien Tort Statute, has previously been narrowly interpreted. In upholding the lawsuit, the majority cited to the Nuremberg Code, which states that "voluntary consent of the human subject is absolutely essential" in medical experiments. The dissent, however, believed the agreements cited by the majority did not establish a private right of action against non-state actors.

If the allegations in this lawsuit are true, this behavior by a drug manufacturer is reprehensible. One wonders, if true, why Pfizer chose presumably poor African children for such "treatment". Was it because it expected no negative repercussions because these children, and their families, were too poor to protest? I hope not, but I certainly question these activities.

Originally posted at InjuryBoard by Greg Webb

Class-Action Lawsuit Filed in China Against Companies Involved in Melamine Scandal

Greg Webb — Tue, 03 Feb 2009 14:48:04 GMT

A class-action suit was filed in China against 22 dairy companies seeking compensation for the deaths and illnesses of hundreds of children caused by milk tainted with melamine. Product liability suits and class-actions are extremely rare in China, where the ruling Communist Party discourages the filing of lawsuits with multiple plaintiffs because it could disrupt social stability.

The lawsuit was filed with the Supreme People’s Court on behalf of 213 children who were affected by melamine. Melamine is a toxic chemical illegally added to dairy products in order to give false readings of higher levels of protein. It can cause various health issues, including kidney problems and death, especially in children.

According to the Chinese government, 300,000 children have been sickened and six children have died from consuming products with melamine. However, the 213 victims in the lawsuit include four deceased children who have not been included by the government in the official death toll. Government officials were involved in covering up the deaths and illnesses.

The attorneys representing the children previously filed two other class-action lawsuits, but the lower courts did not accept the case. The current suit is seeking more than $5.2 million in compensation, with varying amounts being demanded for each individual child. The largest demand is $73,000 for a dead child.

Sanlu Group, China’s largest producer of infant formula which is now in bankruptcy, had the highest concentration of melamine in its products. All of the deaths so far have been linked to Sanlu. The former chairwoman of the company, Tian Wenhua, was sentenced to life in prison after pleading guilty for her role in contaminating the products.

Two other men involved in the scandal have been sentenced to death. Zhang Yujun received the death penalty for producing and selling melamine-laced “protein powder.” The other man, Geng Jinping, received the death penalty for producing and selling toxic food. Eighteen other defendants have been implicated with contributing to the scandal.

Sanlu and the other 21 companies in the lawsuit sent a letter to parents offering about $29,200 for the death of a child, $4,400 for children suffering from serious illness like kidney stones and acute kidney failure, and $300 for less severe cases. Thousands of parents have accepted compensation, while others have rejected it, demanding long-term health care for the victims and medical research into their illnesses.

Originally posted at InjuryBoard by Greg Webb