Posts Tagged ‘lawyer’
FDA Taking a Closer Look at the Health Effects of a Widespread Household Chemical
The US Food and Drug Administration (FDA) is looking into the health effects of a common chemical called triclosan, which is found in certain soaps, toothpaste, shower curtains and gym socks. The FDA is investigating scientific data indicating that the chemical causes hormonal changes in lab animals. Triclosan is added to products to reduce or inhibit bacteria growth and was originally used as a surgical scrub. At this time, the FDA has not recommended that consumers change products but has said that consumers concerned about using soap with triclosan can use regular soap. Concerned consumers can check product labels for triclosan.
Scientific data has shown that triclosan acts as an endocrine disruptor in lab animals. In humans, endocrine disruptors can increase the risk of developmental problems in fetuses and young children. Bishpenol A, known commonly as BPA, another endocrine disruptor found in some plastics, is banned in some states and has been voluntarily removed from shelves by some retailers. Triclosan’s use has increased over the past decade, especially as consumers seek to prevent the cold and flu. Additionally, a report by the US Geological Society found that between 1999 and 2000, triclosan was found in 60% of streams.
The FDA is not the only entity taking action. Representative Edward J. Markey is calling on the federal government to ban triclosan in products used to wash hands, prepare food, or products marketed to children. Additionally, he is filing legislation to speed up the process of evaluating and regulating potentially harmful products.
For more information on triclosan, see this Boston Globe article and the FDA’s website.
After Three Infant Deaths, Company Recalls Baby Sling– Massachusetts Residents Should Take Warning
The US Consumer Product Safety Commission (CPSC), in cooperation with Infantino LLC of San Diego, have announced a free replacement program for two models of defective infant slings. One million of the defective products are being recalled after the three wrongful deaths of infants due to incidents of suffocation. CPSC is aware of the deaths of a seven week old in Philadelphia, a six day old in Salem, OR, and a three month old and Cincinatti, OH. CPSC advises consumers to immediately stop using these slings for infants younger than four months of age due to a risk of suffocation and contact Infantino for a free replacement product. 
The affected sling models are the “SlingRider” and the “Wendy Bellissimo.” Infantino LLC sold the slings in the United States from January 2003 through March 2010 at Walmart, Burlington Coat Factory, Target, Babies “R” Us, BJ’s Wholesale, various baby and children’s stores and other retailers nationwide, and on Amazon.com, for between $25 and $30. The slings were manufactured in China and Thailand. Consumers should contact Infantino to receive a free replacement product.
CPCS has also released a general warning about sling carriers for babies as they pose two risks of suffocation. The sling’s fabric can press against an infant’s nose and mouth, blocking the baby’s breathing. Additionally, where a sling keeps the infant in a curled position bending the chin toward the chest, the airways can be restricted. CPCS is working with concerned companies to develop safety standards for baby slings.
For information on obtaining a free replacement product, visit www.infantino.com.
To report an incident involving a recalled product, file an incident report at https://www.cpsc.gov/cgibin/incident.aspx.
For more information on the CPCS warning, see the CPCS website. For more information on this specific recall, see this press release. Read More
Ex-NYC Chief Crane Inspector Put Lives in Danger by Accepting Bribes
James Delayo, the former chief crane inspector for New York City, has plead guilty to accepting more than $10,000 in bribes to fake inspections and crane operator licensing test results. Delayo has admitted to accepting bribes between 2002 and 2008 to file paperwork indicating that a Long Island-based crane company had passed inspections that never happened and to say an employee passed a licensing exam never taken. For these and other favors, Delayo received from $200 to $3000 in individual payoffs. An official and employee with the involved Long Island crane company, Nu-Way Crane Service, have plead not guilty to bribery and record tampering. Delayo is currently out on bail until his sentencing on May 4th. His plea deal calls for two to six years in prison.
Delayo was arrested back in 2008 after the second of two serious construction accidents caused by massive cranes collapsing. The accidents caused the wrongful deaths of nine people. Authorities said at the time that Delayo’s case was one in a series of cases against builders and inspectors accused of accepting tainted money. Consistent with that claim, Delayo is not the only person in trouble after the 2008 crane collapses. A crane rigging contractor has been charged with manslaughter for one collapse and a crane owner and former mechanic have been charged with manslaughter for the other collapse. Since the 2008 accidents, New York City building officials have made changes to crane training requirements and exam procedures for some operators. Additionally, some inspections are now performed by a national group.
To see additional coverage of this story, see this Boston Globe article.
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Big Dig Handrails Under Scrutiny After Massachusetts Drivers’ Deaths
Lawmakers and individuals are calling for change after seven deadly Big Dig crashes have been linked to handrails in the tunnels. State Senate President Therese Murphy has requested that the Department of Transportation, which overseas the tunnel system, review the handrails’ design and safety. Between 2004 and 2008, seven of the nine fatal accidents in the Big Dig were the result of vehicles hitting the handrails. Most crash victims were dismembered. The handrails line about six miles of the Big Dig on elevated walkways and are designed to prevent workers from tumbling into traffic.
The handrails are also the subject of litigation in Suffolk Superior Court. The widow of State Trooper Vincent Cila, who was killed after hitting a handrail post while on a motorcycle in 2005, has filed a wrongful death suit against multiple parties, including the state Turnpike Authority. The defendants assert that the handrails meet all applicable safety standards and regulations.
Despite assertions to the handrails’ safety, relatives and friends of crash victims are calling for the handrail design to be changed. Experts consulted by the Boston Globe said that the handrails are flawed. The horizontal rails are spaced far apart, allowing motorists to become entangled, and the rails are only three feet above the road, at head level. However, handrail design may not be solely to blame for the grisly crashes. Many of the drivers killed were speeding or not wearing seatbelts.
For assistance with a motor vehicle accident, truck accident, or wrongful death case, please contact the attorneys at the Boston law firm of Breakstone, White and Gluck. The lawyers have over 80 years of experience with litigating in state and federal court, at the trial and appellate level. To consult with an experienced attorney, call 800 379 1244 or visit the firm’s website.
Children’s Sweatshirts and Jackets Recalled due to Strangulation Risk–Massachusetts Parents Take Warning
Four companies are voluntarily recalling children’s hooded sweatshirts and jackets due to the danger of children suffering personal injuries or death. The recalled garments all have drawstrings through the hoods that pose a strangulation hazard for children. All four companies are cooperating with the US Consumer Product Safety Commission (CPSC). Baycreek Inc. of New York, NY is recalling 1,900 hooded sweatshirts. Weeplay Kids LLC of New York, NY is recalling 11,800 hooded sweatshirts. Bobens Trading Co., Inc. of Hicksville, NY is recalling 3,900 hooded sweatshirts and Franshaw, Inc. of New York, NY is recalling 2,400 hooded jackets; both companies’ recalled garments are sold exclusively at Burlington Coat Factory. No injuries or incidents have yet been reported.
To eliminate the risk of danger, parents should either remove the drawstring from the hood, or return the garment to the place of purchase or the manufacturer for a full refund. The CPSC issued guidelines in 1996 for children’s upper outerwear and the industry voluntarily incorporated these standards in 1997. The guidelines provide additional information and advice on how to eliminate the risk of strangulation from hooded outerwear.
To report an incident involving one of these garments, or a similar garment, file a consumer product incident report with CPSC.
For more information on the Weeplay Kids recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10142.html
For more information on the Baycreek recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10144.html
For more information on the Bobens Trading Co recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10140.html
For more information on the Franshaw recall, see http://www.cpsc.gov/cpscpub/prerel/prhtml10/10143.html
AstraZeneca Facing Over 25,000 Lawsuits–Antipsychotic Drug Claimed to Cause Diabetes
AstraZeneca is preparing for a products liability trial next week over claims that their antipsychotic medication Seroquel causes diabetes. About 26,000 lawsuits have been filed against the drugmaker, with one of many trials set for February 16th in New Jersey. That trial will be the first of thousands filed in New Jersey alone. Seroquel is the UK-based drugmaker’s second most popular drug after Nexium, the well known heartburn relief medication, and is used to treat bipolar disorder and depression. AstraZeneca claims that the plaintiffs’ evidence is insufficient to show that the drug was responsible for their alleged personal injuries.
In January, U.S. District Judge Anne Conway, who is overseeing all federal Seroquel litigation, ordered the parties to attend mediation. The parties were unable to reach a settlement agreement after two days of talks. The mediator, George Washington University Law Professor Stephen Saltzberg, said he expects further settlement negotiations to occur. Judge Conway, who sits in Florida, has said that she will ask a panel of judges to return the 6,000 consolidated cases scheduled to come before her to their resident states, adding to the litigation headache.
Seroquel was introduced in 1997 and has long been linked to weight gain and diabetes. The plaintiffs are claiming that AstraZeneca downplayed the risk of diabetes, cherry-picked positive trial results, and buried negative results. Documents discovered in 2009 appear to substantiate the plaintiffs’ claims. As early as 1997, emails between AstraZeneca officials reveal that the drugmaker hid negative trial results from US and Canadian investigators. AstraZeneca is not the first antipsychotic drugmaker to be hit with claims that its medication causes diabetes. In 2009, Zyprexra-maker Eli Lilly agreed to pay at least $1.2 billion to similar settle lawsuits filed by about 31,000 patients.
For more information on Seroquel side effects, see the Seroquel website. The Alliance for Human Research Protection has a collection of articles on the Seroquel product liability litigation.
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Massachusetts Consumers: Take Care in the Deli Department–Rhode Island Company Recalls Salami Products Due to Salmonella Risk
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has announced that Daniele International, with operations in Rhode Island, has recalled 1,240,000 lbs of ready-to-eat Italian sausage products currently in commerce due to risk of salmonella contamination. The recalled products include salami coated with black pepper.
The recall is the result of a multi-agency investigation into a salmonella breakout in several states. While searching for the defective food agent causing the outbreak, FSIS discovered a strain of salmonella in a Daniele International sample product. The tested product is similar to what people reported eating prior to becoming ill, but a direct link has not been established.
The strain of salmonella found in the tested product does not match the strain being investigated. In addition to recalling the ready-to-eat products, Daniele International presented information to FSIS and voluntarily recalled all products in commerce associated with black pepper, which the company believes is a possible source of contamination.
Eating products contaminated with salmonella can cause salmonellosis, one of the most common bacterial foodborne illnesses. The symptoms of salmonellosis include diarrhea, abdominable cramps, and fever within 8 to 72 hours of comsumption. Additional symptoms may be chills, headache, nausea, and vomiting for up to a week. Salmonella infections can be life-threatening to those with weak immune systems, such as infants, the elderly, and persons with HIV infection or undergoing chemotherapy.
The specific products recalled all carry a USDA mark of inspection bearing establishment numbers “EST. 9992” or “EST. 54.”. The following products can be returned to the retailer for a full refund:
For more information on the on-going investigation into the multi-state salmonella investigation, see the Center for Disease Control’s website. For a list of retailers that sold recalled products, see the FSIS recall website. Consumers with questions about food safety can ask a virtual FSIS representative on the Ask Karen website. Live chat services are available Monday through Friday, 10:00 a.m. – 4:00 p.m. Eastern Time (except Federal Holidays).
New Law Against Texting Intended to Reduce Distracted Driving and Truck Accidents–Rule Should Improve Safety for Massachusetts Drivers
The Federal Government is taking a firm stand against the dangers caused by texting drivers. U.S. Transportation Secretary Ray LaHood announced Tuesday that, effective immediately, commercial bus and truck drivers are prohibited from texting while driving. Texting truck and bus drivers face civil or criminal penalties of up to $2,750.
The goal of the new law is to reduce truck accidents and motor vehicle accidents caused by distracted driving. According to the Federal Motor Carrier Safety Administration, drivers take their eyes off the road for an average of 4.6 seconds out of every six seconds while texting. This means drivers who text are more than 20 times more likely to get in an accident than non-distracted drivers.
This is not the first move that the government has made to reduce the dangers of texting drivers. Nineteen states have passed laws banning texting while driving. President Obama has also signed an executive order requiring federal employees not to text while driving government-owned vehicles or with government-owned equipment.
The attention on texting comes after several high profile accidents caused by texting motor vehicle operators. In September 2008, a California commuter train engineer missed a stop signal while trading text messages with a friend, leading to a train accident resulting in the wrongful death of 25 people. In May 2009, 62 people suffered personal injury after a Massachusetts Bay Transportation Authority trolley driver collided with another trolley while texting.
For more information about the dangers of distracted driving, see the Transportation Department’s website www.distraction.gov.
If you need assistance with a personal injury or wrongful death resulting from a car accident, truck accident, or train accident, please contact the attorneys at the Boston firm Breakstone, White and Gluck. An experienced motor vehicle accident attorney is available for a free consultation by calling 800-379-1244. You can also contact us online.
Huge Toyota Recall Affects Thousands of Massachusetts Drivers–Defective Gas Pedals May Cause Runaway Acceleration
Toyota has issued another recall affecting millions of its popular vehicles due to acceleration problems caused by sticking gas pedals which are known to have caused serious personal injury and several deaths. In addition, Toyota has halted sales and will halt production of several product lines until it designs a fix for the product defect. This recall seriously affects Toyota’s reputation for safety and reliability. It also affects tens of thousands of Massachusetts drivers who own the defective Toyotas. It also affects others on the highway who may be struck by a runaway vehicle.
Toyota announced the voluntary recall last Thursday, which includes about 2.3 million vehicles, “to correct sticking accelerator pedals on specific Toyota Division models.” The sticking pedals may fail to return, or return slowly, to the idle position, causing the cars to accelerate or maintain a high speed unexpectedly.
The recall comes after a recall on floor mats in September 2009 affecting 3.8 million vehicles. That recall was found to be insufficient to solve the accelerator problems. Investigators realized the product defect included more than just the floor mats after a family of four suffered wrongful deaths when their Avalon crashed into a lake. The floor mats were discovered in the trunk of that car.
In November 2009, the National Highway Traffic Safety Administration (NHTSA) called the removal of the offending floor mats an interim measure only, and said, “This remedy does not correct the underlying defect in the vehicles involving the potential for entrapment of the accelerator by floor mats, which is related to accelerator and floor pan design.”
Unfortunately, Toyota has not yet proposed a plan to fix its millions of defective vehicles.
Massachusetts consumers who experience gas pedal problems are advised to apply firm pressure to the brake, and to pull off the road as soon as that can be done safely. The car should not be driven. In an emergency, the car can be put into neutral or the key turned to off. Push-button start controls can be turned off if the button is depressed for several seconds.
Models affected by the recall include:
- 2009-2010 RAV4
- 2009-2010 Corolla
- 2007-2010 Camry
- 2009-2010 Matrix
- 2005-2010 Avalon
- 2010 Highlander
- 2007-2010 Tundra
- 2008-2010 Sequoia.
Toyota customers affected by this recall should call the Toyota “Customer Experience Center” at 1-800-331-4331 with questions or concerns.