January 14, 2010

FDA halts production of some medical devices

A series of products manufactured by a medical device manufacturer named Sybaritic Inc. have come under scrutiny after reports alleging that they were not cleared for approval by the U.S. Food and Drug Administration (FDA). Sybaritic makes medical products for skin and spa treatments and has agreed to stop production of the product in the United States until they are in compliance with FDA quality standards. While the company did not agree with the FDA allegations, they stated that they are cooperating with the FDA to resolve the issues raised in its complaint. The stop production agreement came after a consent decree reached between the U.S. Department of Justice and three of the medical device manufacturer’s top executives. The U.S. Department of Justice filed for an injunction last year and has said that companies need to comply with laws that are in place to protect consumer health from dangerous products.

Click here to read more about the FDA issues with some medical devices.

December 19, 2009

Excessive CT scans can develop new issues

A recent study suggests that the overuse of computed tomography (CT) scans can lead to the development of new cancers. Product liability studies suggest that radiation exposure from CT scanners may cause cancer. The article suggests that CT scans are believed to contribute to 29,000 new cancers yearly, which contributes to 14,500 fatalities. The Los Angeles Times reported that widespread overuse of CT scans and variations in radiation doses caused by different machines operated by technicians following any array of procedures are subjecting patients to high radiation doses that will ultimately lead to tens of thousands of new cancer cases and deaths.

Continue reading "Excessive CT scans can develop new issues" »

December 9, 2009

Man alleges recalled product caused eye problems

A man has filed a product liability lawsuit and is alleging that a defective medical device recalled only two days after his cataract surgery caused him personal injuries. The man suffered unnecessary eye inflammation. The product liability lawsuit alleges that the device was defectively designed, manufactured, and marketed. As to the plaintiff’s surgery, the medical device was used to aid in iris retraction while the plaintiff underwent a cataract extraction with intraocular lens implant on the plaintiff’s right eye in October 2008.

Continue reading "Man alleges recalled product caused eye problems" »

September 28, 2009

FDA announces the examination of medical device approvals

The FDA recently announced that it will ask the Institute of Medicine to examine the approval process for medical devices. The process is meant to streamline the approval of medical devices, but consumer groups have expressed concern that the process is being used for devices that are particularly high risk for product liability.

To read more about the FDA announcement.

September 18, 2009

Sears and equipment maker want dismissal from treadmill lawsuit

A popular store and fitness equipment manufacturer are seeking dismissal from a personal injury lawsuit. The personal injury victim and her husband filed the lawsuit after the woman fell and broke both of her arms while running on a treadmill.

To read more about the treadmill lawsuit.

August 13, 2009

Senate Committee holds hearing on medical devices

Last week, a Senate Committee held a hearing on medical devices, specifically the Medical Device Safety Act of 2009. AAJ held a press conference before the hearing and several victims of faulty medical devices attended. One of the victims spoke at the conference and also testified before the committee.

To read more about the Senate Committee hearing.
To read a press release on the hearing.
To read the faulty medical device victim’s testimony.

August 5, 2009

Lawsuits filed against medical device maker

A personal injury and product liability lawsuit has been filed against C.R. Bard Inc., a medical device maker. The lawsuit contends that the company made a defective device. The product liability victims claim that the use of the device to treat pelvic organ prolapse caused them personal injuries.

To read more about the product liability lawsuit.

July 27, 2009

Should software companies be subject to product liability lawsuits?

A recent Newsweek online article looked into the possibility that software companies may soon be subject to product liability lawsuits for flaws in their programs that allow hackers in. A likely defendant in a lawsuit like this would be Microsoft, simply because its software is everywhere. Software makers have traditionally argued that software is not a “product” subject to product liability laws. Experts now expect more significant litigation is on the horizon.

To read more about software product liability lawsuits.

July 13, 2009

How to report a dangerous product

With all of the recently blogged recalled products, Levin & Perconti wanted to make you aware of how you can report an unsafe product to the government if you receive personal injuries.

The Consumer Products Safety Commission has an online form to report dangerous products here.

June 23, 2009

State AGs challenging GM’s liability plan

Eight state attorneys general are opposing a GM provision that would free the automaker from product liability for vehicle defects. The provision would essential bar accident victims from key legal rights.

To read more about the GM liability challenge.

June 20, 2009

Product liability lawsuit filed against Yamaha for ATV accident injuries

A woman has filed a personal injury lawsuit against Yahama after she was hurt while riding in one of Yamaha’s Rhinos, a popular all-terrain vehicle. The product liability lawsuit alleges that the plaintiff suffered an injury to her right leg when the ATV rolled over toward the passenger side.

To read more about the ATV injury lawsuit.

June 15, 2009

Continued concern about auto bankruptcies for product injury victims

Chrysler and GM’s bankruptcy proceedings are continuing to raise concerns and advocates are working hard to ensure that citizens injured by defective vehicles are not excluded or ignored. The Supreme Court refused to intervene in Chrysler’s sale to Fiat unfortunately. There is concern that the bankruptcy of GM may follow a similar path.

To read more about the injured victims left out of the process.

May 24, 2009

Complications from urinary control device highlights FDA regulation failures

Dozens of medical device lawsuits have been filed around the nation, questioning whether the FDA has been regulating medical devices with rigor. These lawsuits involve a vaginal sling, used to control urinary leaks. These lawsuits highlight the importance of the medical device bill currently in the legislature.

To read about the complications.

To read about the medical device bill.

May 19, 2009

Hearing highlights the medical device nightmares

Levin & Perconti posted a blog about the medical device bill yesterday that would provide recourse for product liability victims if they are injured by a medical device approved by the FDA. You can listen to some of the victims of medical device preemption below:


March 12, 2009

Lawmakers introduce medical device lawsuit

Congressional Democrats recently introduced measures to allow consumers who receive personal injuries by a medical device approved by the FDA to file product liability lawsuits against the device manufacturer in state court. The move came following the Supreme Court Wyeth v. Levine ruling that allows patients to sue drug makers in state courts.

To read more about the Congressional medical device bill.

March 11, 2009

Illinois woman files personal injury lawsuit after massage table collapses

A woman has filed an Illinois personal injury lawsuit against a Chicago-area spa on Tuesday after she received personal injuries when the massage table used to administer her massage collapsed. The Illinois woman filed the accident lawsuit in Cook County Circuit Court for injuries sustained.

To read more about the Illinois personal injury lawsuit.

February 15, 2009

Lawsuit filed against Disney after teen suffers heart attack and stroke on ride

A woman has sued Walt Disney World alleging that a disabling heart attack and stroke that she suffered were caused by riding on Disney’s Tower of Terror. The product liability lawsuit alleges that Disney was negligent in the ride’s design and operation and failed to adequately warn of risks or provide adequate safety restraints.

To read more about the product liability lawsuit.

February 14, 2009

Judge who threw out the Medtronic case failed to disclose potential conflict

The Wall Street Journal recently reported that a judge who threw out massive product liability litigation against Medtronic Inc. failed to disclose that his son’s law firm has long had the medical-devicemaker as a client. Now, a number of plaintiffs' lawyers have told the judge that they plan to seek his disqualification from the product liability litigation.

To read more about the potential product liability lawsuit conflict.

January 7, 2009

Join the AAJ Products Liability Section

The products liability section of the American Association for Justice focuses on cases and legislation regarding products liability and product safety. It covers consumer products, automobiles, toys, and more.

To learn more about joining the Products Liability Section, click here.

December 3, 2008

Wrongful death lawsuit alleges that medical product caused death

The family of a woman who went into respiratory arrest and died after neck surgery is now suing Medtronic, Inc. for wrongful death. The wrongful death lawsuit blames the death on the use of a fast-selling bone-growth protein. There is also a Justice Department investigation into the product’s use for purposes not approved by the FDA. While this is the first wrongful death lawsuit, product liability lawsuits have been filed in regards to this product.

For the full article.