Posts Tagged ‘Product Liability Lawsuit’

KTM Off-Road Motorcycle Recall

Tuesday, February 2nd, 2010

KTM, maker of the defective off road motorcycle, conducted a voluntarily RECALL OF THE 2009 OFF ROAD MOTORCYCLES, in cooperation with The Consumer Product and Safety Commission. The recall was initiated because of the undue risk for injury or death from the motorcycle’s front fork failure. Consumers are advised to immediately stop using the off road motorcycle.

The KTM recall involves approximately 550 2009 Off Road Motorcycle models in orange and black, including: 125SX, 150SX, 250XC-W, and 300XC-W. The defective models were manufactured in Austria and sold in the U.S. from December of 2008 through April 2009. The hazard that has been identified is associated with the front fork inner tube. The front fork inner tube may crack and dislodge from the fork axle. The breakage of the inner tube poses a risk of injury or death to the driver or people surrounding the driver at the time of the breakage. The off road motorcycle costs between $6000. and $8000. Consumers are advised to immediately stop using the off road motorcycle, contact KTM at (888) 985-6090 for a free repair, or visit the KTM North America Inc., of Amherst, Ohio website.

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FDA Scrutiny for Ibuprofen Topical Agent Distribution

Monday, September 21st, 2009

It is illegal for companies to sell over-the-counter topical products that contain active   pharmaceutical agents. Perhaps, this is because active pharmaceutical agents may be linked to serious side effects when at certain concentration levels or in combination with other drugs. Fro example, Ibuprofen is linked to some serious side effects including, Steven’s Johnson Syndrome that leads to partial or total body skin sloughing and blisters resulting in ultimate in death under certain circumstances. Though, the risk of Steven’s Johnson syndrome is very low, it is because of risks like this that the FDA is apt to screen over-the-counter drugs, but regulates only with active pharmaceutical agents are discovered.

The topical Ibuprofen manufactured by some leading companies has been found to contain undeclared active pharmaceutical agents. Any time that active pharmaceutical agents are combined, there is a risk that the combination will produce an adverse reaction. Secondly, anytime an active pharmaceutical agent is contained in an over -the-counter medication, the medication falls under FDA regulation for the evaluation of the safety and efficacy of the drug. It is for this reason that warning letters have been sent to the manufacturers of topical Ibuprofen.

The eight companies that were identified by the FDA to fall under the FDA approval process include:

Emuprofen (Progressive Emu, Inc.)
BioEntopic 15% Ibuprofen Crème (BioCentric Laboratories, Inc.)
Ibunex Topical Ibuprofen (Core Products International, Inc.)
LoPain AF 15% Ibuprofen Crème (Geromatrix Health Products)
IB-RELIEF (MEKT LLC)
Profen HP (Ridge Medical Products)
IbuPRO-10 Plus (Meditrend, Inc. dba Progena Professional Formulations)

IBU-RELIEF 12 (Wonder Laboratories)

These companies’ claims of safety have not been formally reviewed by the FDA.

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Intelence HIV Users and SJS Lawsuits

Friday, September 11th, 2009

Risk of Steven’s Johnson Syndrome Uncovered

Intelence, manufactured by Tibotec Therapeutics, is a drug for people with HIV that has now been found to be associated with Steven’s Johnson Syndrome, a rare life threatening blistering and skin death condition, as well as erythema multiforme and toxic epidermal necrolysis (an advanced SJS condition).  Tibotec Therapeutics, a subsidiary of Johnson and Johnson, together with the Food and Drug Administration joined forces to alert infectious disease physicians so that they may be able to better educate candidates for Intelence. There will be a text change to the warning label of the Intelence bottle to alert consumers of the latest side effect as well.

Since January of 2008 when Intelence was first introduced to the market, there have been two reports of severe reaction and one death following use. Of the two suffering serious injury, one has seriously suffered from SJS and the other, SJS and liver failure. People using Intelence at this time may not be fully ware of the risks. People who are having any type of skin reaction during the use of Intelence should contact their physician immediately and inquire about changing medications.

Steven’s Johnson Syndrome can be a highly debilitating condition that affects people in varying degrees. In some cases, people experience blistering and skin death that progresses over time. People withsevere SJS are often treated in a burn unit to manage skin death which potentially leads to the person’s death when unresponsive to treatment.

At this time, it is not known how many other people will be affected by SJS, erythema multiforme and toxic epidermal necrolysis. Thus, it is unknown if, when or how many lawsuits against Intelence makers will follow.

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Hospitals Replace Defective Equipment

Thursday, August 27th, 2009

The Baby Warmer Recall
Select Dräger Stabilet Infant Warmers must be removed from neo natal units because of the risk of fire when coming in contact with O2. Oxygen supplementation is a part of every neo natal unit. Not all newborns in neonatals units require O2 supplementation, but a fire risk is created when a newborn being warmed by one of the affected Stabilet Infant Warmers.

Some newborns require oxygen therapy when in neonatal units. However, the power cord of the Dräger Stabilet Infant Warmers may be defective, creating the fire for fire when Dräger Stabilet Infant Warmers in contact with oxygen.   Hospitals have been advised to remove the warmers from the neonatal units immediately and to remove the power cord and heating element from the affected units. Since hospitals are forced to immediately purchase replacement infant warmers, they may have to pool money allotted to other projects to support this need. The warmers do not appear to create a risk when not in contact with oxygen.

Dräger, the Infant Warmer distributor, sent a warning out to hospitals that have purchased the affected Infant Warmers. In 2004, Dräger purchased the Infant Warmers from Hill-Rom Hill-Rom discontinued manufacturing the product in 1998.

The Hospira Device Recall

The power cords of over ten models of Hospira hospital products, including infusion pumps, compounders, monitoring devices and printers, have been recalled following the identification of a defective power cord. No injuries have been reported to date. There have been reports of the power cord charring and producing small fires on the plug. The defective cord is associated with risks for device failure leading to lack of or a delay in care, electric shock, and fires in environment supported by oxygen supplementation. Hospira products included in the recall are, as follows:

Cardiac Output Computer: LifeCare PCA Plus II, Plum XL 3, Oximetrix 3 SO2/CO; LifeCare5000 with DataPort, Plum A + v.10.3, Model 3300

Other Computer and Monitoring Systems: Plum XLD, Q2 Plus SO2/Continuous Cardiac Output Computer, Q2 Continuous Cardiac Output (CCO) SO2 Computer; Plum XL3M with Dataport, Q2 CCO/SvO2 Monitoring System, QVue CCO Monitoring System.

Infusion Systems: LifeCare PCA with Hospira MedNet, Plum A+Infusion System with Hospira MedNet, Nutrimix Micro Compounder, LifeCare PCA 3, Plum A+3 v.11.3, Acclaim Encore Infusion Pump; Plum A +3 Infusion System with Hospira Med Net, Omniflow 4000 Plus; Plum XLM, Plum A + 3 Infusion System with Hospira MedNet, Omniflow 4000 Plus;

Adapters: LifeCare Model 4, Plum (1.6) Lifecare 5000 with dataport, Gem Star AC Wall (Mains) Adapter (90-260 Volts universal); Plum XL, Plum XL Infusion System, Flexiflo Quantum Enteral Pump;

Docking Station: LifeCare 4200 PCA plus Infuser with Microgram delivery, Plum A + 3, v.11.5, Optional Thermal Printer (for use with model 3300, COC, Oximetrix 3 SO2/CO Computer, Q-Vue CCO Computer, Q-Vue CCO Computer and Q2 CCO/SO2 Computer; GemStar Docking Station (90-260 volts), GemStar AC Walls (Mains) Adapter (90-260 volts-universal)

Printer: Optional Thermal Printer (for use with Model 3300 COC, Oximetrix 3 SO2/Co Computer, Q-Vue CCO Computer and Q2 CCO/SO2 Computer.

Hospira has advised hospitals to evaluate the electrical plug and notify the company for a replacement. Electrical plugs that are deformed, cracked or appear as excessive in wear should be immediately discontinued from use.

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Yaz and Yasmin Lawsuits To Come?

Tuesday, August 25th, 2009

By Lesley Ranft

As Gabriel F. Zambrano, Attorney at Law and partner at Johnson Leiter & Belsky, Ft. Lauderdale, Florida explains, “Many women today may still not be aware of the risks associated with Yaz and Yasmin, the oral contraceptive drugs. This is a cause of great concern for girls as young as 13 years of age and adults using Yaz or Yasmin.” According to IMS Health, Yaz sales were $616 million (17.7% of the U.S. Market) and Yasmin sales were $382 million (11% of market share) in 2008, signifying the need to better inform widespread users.  In fact, women using Yaz or Yasmin and doctors may not link medical conditions to Yaz or Yasmin side effects. Berlex Laboratories introduced the drugs in 2001. The company was purchased by Bayer Healthcare in 2006. Still, to date, women’s adverse event reports continue to stack up.  As Daniel Gallucci, Attorney at Law, RodaNast, P.C., Lancaster, PA adds, “There are too many drugs today that receive fast track approval by the Food and Drug Administration.  To make matters worse, consumers often do not know about warnings issued by the Food and Drug Administration.  The consumer’s not knowing of the FDA warnings combined with the risks associated with Fast Track Approval, often can lead to large numbers of people being unnecessarily harmed.

Yaz and Yasmin Side Effects

Serious side effects associated with Yaz and Yasmin may include, but are not limited to:

  • heart attack
  • stroke
  • deep vein thrombosis, blood clots
  • gall bladder disease
  • hypertension
  • liver disorder, signified by jaundice and/or discolored urine
  • severe allergic reaction
  • psychological disorders, including mood swings and depression

The issues surrounding Yaz relate to the drug’s ingredients, including: estrogen ethinyl estradiol and drospirenone, a type of progestin. Yaz and Yasmin are comprised of the same ingredients. The tablet strength of ethinyl estradiol is .03 mcg in Yasmin and .03 mcg in Yaz. The ingredient combination may adversely affect the body’s ability to regulate salt and water. This may have an adverse impact on the heart and/or other bodily functions.

The new package insert provided with YAZ and Yasmin advises that women using the contraceptive should undergo potassium testing following one month of use.   The reason why potassium testing is important is because the drug may alter the potassium level in women. Women who have unsatisfactory potassium levels may experience muscle cramps, fatigue, nausea, diarrhea, frequent urination, dehydration, low blood pressure, confusion, irritability, paralysis, abnormal heart rhythms, heart arrhythmias and potential heart attacks. Appropriate potassium levels are indicative that salt and water is properly regulating.

Yaz and Yasmin have been prescribed by physicians for use as an oral contraceptive or to treat PMS, PMDD or acne for birth control users. Girls as young as 13 years of age have used Yaz and Yasmin.  Some girls as young as 13 years of age have been reported to have suffered from serious side effects because of Yaz/Yasmin. All oral contraceptives have risks, but some of the risks associated with Yaz and Yasmin are elevated when compared with other oral contraceptive drugs.

The Yaz/Yasmin Track Record

In 2003, the Yasmin TV AD denoting “Good Bye Kiss” prompted the first warning letter about the drug’s advertising practices.  In 2008, the FDA issued a safety alert about the elevated risks associated with Yaz/Yasmin. This was seven years after the introduction of the drug. In 2008, the FDA ordered Bayer to cease misleading ads that created false impressions for women interested in using the oral contraceptive drug for PMS. In fact, the ads were misleading in numerous ways. As Gabriel F. Zambrano adds, “The ad campaigns overstated the uses and advantages of the drug. The campaigns failed to underscore the risks associated with the use of Yaz.” For example, Yaz has been suspected to be appropriate for women with PMDD, a premenstrual dysphoric disorder which is different than PMS. Yet, the safety and efficacy of Yaz for the treatment of PMDD has only been evaluated for three menstrual periods. In fact, Yaz has not been approved for the treatment of PMS. Moreover people are at an elevated risk for injury if they have Factor V Leiden. However, only a personal and family health history intake is gathered to screen for Factor V Leiden. The current screening process appears inadequate, at best.    As Daniel Gallucci adds, “We need to reestablish trust in the review process by the FDA before a drug is placed on the market.”

In February of 2009, the Attorney Generals of 27 states came to settlements totaling $20 million. Bayer also initiated a corrective ad campaign. It is not known if a YAZ RECALL will be considered appropriate by the regulating authorities at this time.  The verdict is not out for some Yaz and Yasmin lawsuits involving children as young as 13 years old who have taken the drug.

If you or a loved one has suffered from Yaz or Yasmin, we encourage you to seek out medical attention immediately, secure potassium test results, undergo screening for Factor V Leiden and consult with an attorney that understands the complexities associated with Yaz and Yasmin.

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