products liability Archives

18Apr2012

Many Medical Devices Are Tested In the Marketplace – Not the Laboratory

Consumer Reports disclosed in its May 2012 issue that many commonly used medical devices, including artificial hips, defibrillators, lap bands and surgical mesh don’t go through a rigorous testing process before being released for use to the public. Other medical devices may be “grandfathered” into approval based on prior trials conducted on “similar” devices that may or may not be similar. This results not only in recalls, but in countless injured individuals.

11May2009

What Doesn’t Kill Us Makes Us Lucky to Be Certified Legal Nurse Consultants!

I recently mentored a CLNC^® consultant on how to help her attorney-client learn whether a plaintiff had been given Zimmer Duron Cup hip replacements (sales suspended due to high rates of failures) and I started looking at the sheer number of products that have placed us all at risk.

It’s just incredible. The diversity of recalls is amazing. Foods, products, supplements and, of course, implants – everything is out to get us. Think about it, we’ve learned that the peanut butter we pack for our children’s lunches is potentially contaminated with salmonella. The pistachios we sneak into the movie theatre may also be out to get us (more salmonella). The tuna sushi we snack on at happy hour elevates our mercury levels (I can always tell Tom the current temperature) and the “heart-healthy” salmon we eat for dinner is contaminated with PCBs (if it’s not wild Alaskan). When we microwave butter-flavored popcorn to enjoy with our Netflix movies on Sundays, we risk poisoning our family’s lungs. Even the red wine we drink to forget our other problems may have more contaminants than tap water. Take note for the future, even Poligrip and Fixodent (I’m not there yet) have been linked to peripheral nerve damage (so that’s what’s wrong with grandma!).

1May2009

Why Florence Nightingale Didn’t Catch the Swine Flu

Earlier in the week I was having a skylight repaired in my bathroom. The ceiling is pretty high so it required a long ladder and two repairmen – one to do the work and one to steady the ladder. Naturally the guy holding the ladder got bored quickly and became quite chatty. At one point, apropos of nothing, he mentioned that he couldn’t wait for lunch. I overhead him and asked him if he’d had breakfast (healthy green tea and a healthy breakfast is an important way to start your day.). He told me he’d had a small one – his wife didn’t cook him any bacon to go with his eggs. I replied that he was lucky on two fronts – (1) his wife cooked him breakfast (I was glad Tom didn’t hear him say that) and (2) she’s helping him watch his diet.

6Apr2009

FDA Approval Not a Shield from Damages

On March 4th the U.S. Supreme Court decided a case in favor of consumer rights, one that has the potential to reach further than first appearance. In the case of Wyeth v. Levine the Court upheld a $6.7 million dollar verdict in which the jury found that Wyeth’s label had inadequate warnings, thus ruling against the drug manufacturer Wyeth. In doing so, the court allowed state juries to award damages for harm done by unsafe drugs, even in cases where the drugs had been approved by the Food and Drug Administration (FDA).

30Mar2009

Drugstore Cowgirl – Or How I Learned to Hate Darvon and Love Weightlifting

As I’ve grown older I’ve learned to appreciate the difficulty of keeping my body (and mind) in great physical (and mental) shape. I hit the gym three days a week to lift weights with a trainer. On the odd-date days I really stretch myself by doing yoga or speed-walking to the Starbucks a couple of miles from my home. As my age has increased so has my strength and muscle-mass. I only wish I’d been as dedicated when I was in nursing school.

9Mar2009

Give Us this Day Our Daily Meds

How do you start your day? Does your breakfast contain a line of pills (and I don’t mean vitamins) longer than your middle finger? If you open your medicine cabinet too quickly is there an “orange avalanche” of pill bottles? Have you succumbed to the slick marketing of pharmaceutical companies like many of my baby boomer friends who daily whip out an array of drugs for restless leg syndrome, elevated cholesterol, reduced bone density and sleep deprivation?

17Dec2008

Fosamax Products Liability Cases Take Off

Lawyers USA, one of my favorite legal publications, reported that Fosamax® lawsuits are set to take off in 2009. Fosamax®, manufactured by Merck is used for treatment of osteoporosis.

700 plaintiffs are alleging that Merck failed to warn users of the potential risk of osteonecrosis of the jaw which causes the jaw to deteriorate. The plaintiffs also allege that the FDA upon approval in 1995 requested Merck to perform further testing and place a warning on the package.

Tag: products liability