Archive for the 'Defective Product' Category

Cars Safer Thanks to Lawyers and Courts

hfstaff July 8th, 2010

Lawyer-bashing has become almost an automatic reflex for many people. We recognize that some folks will continue to disparage our profession… right up until the time they need us. That’s okay; we’ll be here.

In the meantime, the American Association for Justice has a fantastic visual that describes 11 major ways that cars have become safer, thanks to the civil justice system.

(And remember, if you need us, we can be reached at http://www.lawmed.com, or 1-800-4LAW-MED.)

Popularity: 11% [?]

Support for New Bill to Streamline Medicare Reimbursements

hfstaff July 7th, 2010

Imagine that you have been in a car wreck and are unable to work because of your injuries… or that you have ongoing hospital bills due to medical malpractice. You’ve done everything right. You took your case to court and won a settlement for your losses. How long do you think it might take to receive the money you need to pay your mortgage or other bills?

If you are younger than age 65, you could receive your settlement check within weeks. That sounds right, right? Here’s the problem: If you are age 65 or older, your settlement check could be delayed by years. Yes…years. The difference is due to the red-tape run-around involving something called the Medicare Secondary Payer System (MSP).

The MSP was the product of good intentions. It was designed to help keep Medicare solvent by reimbursing the Medicare Trust Fund if another insurance or compensation source is available to pay for health care costs. The timeline (ideally) would go like this:

  1. An injury occurs.
  2. The medical bills are paid by Medicare.
  3. A lawsuit is filed.
  4. A lawsuit is won.
  5. Medicare is contacted.
  6. Medicare bills are tallied.
  7. Medicare is reimbursed from the settlement money.
  8. The remainder of the settlement goes to the injured person.
  9. Other bills get paid and justice is done.

Again, that’s the ideal. In reality, this is what happens (differences are highlighted):

  1. An injury occurs.
  2. The medical bills are paid by Medicare.
  3. A lawsuit is filed.
  4. A lawsuit is won
  5. Medicare is contacted. (So far, so good.)
  6. Medicare sits on the request to tally the bill.
  7. Medicare sits on the request to tally the bill.
  8. Medicare sits on the request to tally the bill.
  9. Medicare sits on the request to tally the bill.
  10. Medicare sits on the request to tally the bill. (ad infinitum)
  11. Other bills don’t get paid; justice is not done.

The funds that have been won in a lawsuit can be tied up for years due to the red-tape and inefficiencies of the MSP system. And remember, we’re talking about senior citizens–many of them die before they see a dime of the money that could improve their lives.

What Is Being Done?

There is currently a Bill before Congress that would streamline the process of Medicare reimbursement. The Bill (HR 4796: The Medicare Secondary Payer Enhancement Act) will do several things. Most importantly, it will require that Medicare respond to requests for recovery information within 60 days… that Medicare develop an appeals process for repayment determinations…and that there be a 3-year statute of limitations, so that Medicare can’t ignore injured seniors forever.

One has to wonder why the system would allow this kind of bureaucracy or incompetence to continue. Don’t they want funds repaid in a timely manner? Who benefits from keeping the law in place as it is? It seems like no one: The bill was introduced in March 2010 by Reps. Patrick Murphy (D-Pa.) and Tim Murphy (R-Pa.). It is co-sponsored by 26 other Representatives–Democrats and Republicans–and is backed by a varied group of organizations and businesses, including Walmart, the Defense Research Institute, the American Insurance Association, and Safeway.

HensonFuerst also supports the bill. We have seen many of our clients suffer needlessly–additional suffering on top of their injuries–because of the current difficulties with Medicare reimbursement. If you want to read the full bill and see its status, click here: http://www.govtrack.us/congress/bill.xpd?bill=h111-4796

And if you want to send a message of support to your Representative in Congress, go to the website for People Over Profits (http://www.peopleoverprofits.org), or click here to be taken to their dedicated web page: Support HR 4796.

Popularity: 17% [?]

Summer Safety Tip #5: Swimming Pool Drain Covers

hfstaff July 6th, 2010

Now that summer time is here and families are heading out to their local pools, there’s another aspect of pool safety that you need to know about.

You have probably heard news stories about  children who have been caught on drains at the bottom of pools. Drains with old-fashioned, missing, broken, or faulty covers can also entrap hair, limbs, clothing, and jewelry. Because the suction of the pool pumps is so strong, children–and even some adults–are unable to free themselves, and they end up drowning or becoming seriously injured. In severe cases, the suction can even cause disembowelment/evisceration.

What you may not have heard is that a series of Federal and state laws have been enacted prevent this type of tragedy. The new laws are already in effect in North Carolina. Public pools must now have modified drain covers, which are usually dome shaped so that children won’t get stuck.  In addition, pools must have two drains per pump, so that one drain would be able to handle 100% of the water flow.

The laws were sparked by the 2002 death of 7-year-old Virginia Graeme Baker (granddaughter of former Secretary of State James Baker), who became trapped at the bottom of a hot tub by the suction of the drain. Her mother, Nancy, has worked to make pool and hot tub entrapment a nationally recognized issue, and to ensure that mandatory standards were put in place. (To read more about Graeme’s story, click here: SafeKids page on VGB.

So, what does that mean for you?  Well, before I would take my child to the pool, I would check with pool management to make sure they are in compliance with the new law.  Also, take a look at the pool yourself, and look for raised or domed drain covers–those are the ones that you want to see.  Also, make sure that you see multiple drains.

We have created a short video about this topic. Click here to view: HensonFuerst Pool Drain video.

To read FAQs about the VGB Pool and Spa Act, click here:  PoolSafety.gov

At HensonFuerst, if you have questions, we have answers.

Popularity: 13% [?]

RECALL: McDonald’s Shrek Glasses

hfstaff June 4th, 2010

According to WRAL, the U.S. Consumer Product Safety Commission has announced the voluntary recall of its 16-ounce promotional glasses because the painted design contains cadmium, a toxin that can cause cancer, bone softening, and kidney problems. The glasses are being sold to advertise the theatrical release of “Shrek Forever After.”  About 12 million glasses have been sold.

Customers are advised to immediately stop using the glasses.

Do not throw them away, though–McDonald’s will buy them back from you. While no details have been released about how and when the buy-back will happen, McDonald’s promises more information on its recall web page beginning June 8, 2010. We hope there will be much more information forthcoming, because there is a lot of nothing there as of today.  (Click here:  McDonald’s Recall Page)

The Consumer Product Safety Commission is interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell them about it by visiting https://www.cpsc.gov/cgibin/incident.aspx.  If you believe your child has been injured as a result of these glasses, and you want to know what your legal options are, call the attorneys of HensonFuerst–if you have questions, we have answers.

Popularity: 15% [?]

RECALL: PediaCare Children’s Products

hfstaff May 30th, 2010

The FDA and Blacksmith brands have recalled four PediaCare products because they were manufactured by McNeil Consumer Healthcare, in the plant that made the now-recalled children’s liquid Tylenol, Motrin, Benadryl, and Zyrtec.  Recent FDA inspections found serious problems within the plant, and this current recall was issued as a safety precaution.

The specific items recalled are:

  • PediaCare Multi-Symptom Cold 4oz. UPC # 3 0045-0556-05 9
  • PediaCare Long Acting Cough 4oz. UPC# 3 0045-0465-04 7
  • PediaCare Decongestant 4oz. UPC# 3 0045-0554-04 8
  • PediaCare Allergy and Cold 4oz. UPC# 3 0045-0552-04 4

Consumers who have these products are advised to stop using them.

For more information, including phone numbers to call with questions, see the FDA announcement (http://www.fda.gov/Safety/Recalls/ucm214005.htm) or the Blacksmith announcement page.

Popularity: 15% [?]

Weight Loss Drug May Cause Severe Liver Injury

hfstaff May 26th, 2010

The weight loss drug orlistat is sold over-the-counter under the brand name Alli, and by prescription under the brand name Xenical. Today, the FDA announced a label change to inform consumers that taking these medications can, in rare instances, cause severe liver injury.

This is quite a different story from the relatively benign side effects reported when the drug was first approved. Back then, the “worst” side effects were flatulence and an inability to control stool, also known as incontinence. (from MedicineNet)

According to the FDA’s review, there have been dozens of cases of serious liver injury, and at least 6 cases of liver failure associated with use of either Xenical or Alli. Two patients died from liver failure, and three required liver transplantation.

The FDA is reluctant to say that the drug definitely caused these cases, saying that other factors might be involved… but these injuries were reported as “adverse events” that happened to people after they took orlistat.

WHAT YOU SHOULD DO

If you are taking orlistat, talk to your doctor about what the new labeling means for you. If you experience any of the signs or symptoms of liver injury, stop taking the drug and contact your doctor immediately. These include:

  • itching
  • yellow eyes or skin
  • fever
  • weakness
  • vomiting
  • fatigue
  • dark urine
  • light-colored stools
  • loss of appetite

If you have any side effect of taking Xenical or Alli, you can report them to the FDA by calling 1-800-FDA-1088, or by visiting http://www.FDA.gov/medwatch (and click on “How to Report).

Click here to read more: FAQs about Orlistat.

If you believe that you have developed liver injury as a result of taking Xenical or Alli, seek medical attention immediately. If you want to explore your legal options, don’t hesitate to call the lawyers of HensonFuerst. If you have questions, HensonFuerst has answers.

Popularity: 19% [?]

Toyota Sneaks In More Lexus Recalls

hfstaff May 24th, 2010

At midnight (EDT) on Saturday, May 21, 2010, Toyota announced the recall of nearly 4,000 additional Lexus vehicles. Way to duck the news cycle!

This latest recall affects late 2009 and some 2010 model year Lexus LS 460 and LS 600hL vehicles in the United States. The problem is with the VGRS system (Variable Gear Ratio Steering)–it is possible that the steering wheel could become temporarily off-centered, especially when making a tight U-turn, making quick change-of-direction turns, or when parallel parking the vehicle.

What to do if your steering wheel becomes off-centered

According to the FAQs provided by Toyota (the parent company of Lexus):

“If the driver notices an apparent steering wheel off-center condition when driving straight, he or she should carefully steer the vehicle and not make any sudden maneuvers.  Steering should be based on the vehicle direction of travel rather than the steering wheel position. The VGRS will correct the steering wheel off-center condition automatically (approximately 5 seconds).”

Seriously, though–a car that has steering issues after a sharp U-turn? Are there any other kinds of U-turns?  FYI, Toyota says that customers will begin receiving notification letters as soon as remedy parts are available.

We’ve said it before, and we’ll say it again: What the heck has been going on with Toyota safety engineers?  Several of us at HensonFuerst own Toyota vehicles, and it is beginning to feel like a gamble to drive to work everyday.

We will continue to investigate cases of injury caused by these an other faulty vehicles. If you have been injured in a car wreck, visit our auto page at www.lawmed.com. If you have question, HensonFuerst has answers.

Popularity: 16% [?]

FDA Releases Update: Recall of Liquid Medicines for Children

hfstaff May 6th, 2010

Last week, McNeil Consumer Healthcare issued a recall for many of its infant’s and children’s liquid medicines, including Tylenol, Motrin, Zyrtec, and Benadryl. Problems in the manufacture of these products mean that some of the medicines may contain a higher-than-labeled concentration of active ingredient, and some may contain inactive ingredients that are not supposed to be there.

The FDA has issued a consumer-friendly update here:  Recall Information. This site includes details important for parents and caregivers, and an option to receive updates by email.

This recall couldn’t come at a worse time–allergy season is in full-bloom in North Carolina, and many parents have stocked up on Zyrtec and Benadryl to help their children get through the spring without too many symptoms.  However, the recommendation is to stop using the recalled medicines immediately. As an alternative, you can purchase generic versions of all the recalled products–talk with your pharmacist or your child’s pediatrician to make sure that the medicines you get are safe and effective.

To get a refund for products you may already have purchased, follow the instructions on the McNeil website: http://www.mcneilproductrecall.com/

If you have already given your child one of these recalled products and you suspect he or she has suffered a bad side effect from it, you should let the FDA know about it at www.fda.gov/medwatch. And if you have questions about your legal options in the event of an injury, the lawyers of HensonFuerst will be happy to talk with you. Visit our website at http://www.lawmed.com, or call us day or night at 1-800-4-LAWMED.

Popularity: 16% [?]

URGENT RECALL: Infant & Children’s Liquid Medications

hfstaff May 1st, 2010

McNeil Consumer Healthcare has issued a voluntary recall of all of its over-the-counter liquid infant’s and children’s Tylenol, Motrin, Zyrtec, and Benadryl. While the company has said that no one has been injured, there is the potential for serious injury. Stop using these products IMMEDIATELY.

The company reports that some products may contain “a higher concentration of active ingredient than is specified”  (dangerous!), inactive ingredients that don’t “meet internal testing requirements,” and possibly particle contaminants. They don’t say what those contaminants might be, but another pharmaceutical company (Hospira) had to halt production of two drugs due to machinery residue that got into the products. Nothing like tiny bits of stainless steel to make a person feel better….

According to the McNeil recall notice (available here: McNeil recall notice):

The company is conducting a comprehensive quality assessment across its manufacturing operations and has identified corrective actions that will be implemented before new manufacturing is initiated at the plant where the recalled products were made.

Consumers can contact the company at 1-888-222-6036 and also at www.mcneilproductrecall.com. Parents and caregivers who are not sure about alternative pediatric health treatment options should talk to their doctor or pharmacist and are reminded to never give drug products to infants and children that are not intended for those age groups as this could result in serious harm.

The U.S. Food and Drug Administration (FDA) has an FAQ page devoted to this recall: FDA info for parents. Two of the most important questions and answers from that site:

  • I gave my child some of the medication. What do I do? Is my child at risk?

According to the information the FDA has received at this time, the potential for serious medical problems is remote. If your child exhibits any unexpected symptoms after use of any of the recalled products, contact your healthcare provider.

  • If I think my child may be having an adverse reaction to one of the products involved in this recall, who should I notify?

Adverse reactions or quality problems experienced with the use of these products may be reported to FDA’s MedWatch Adverse Event Reporting program either online, by regular mail, or by fax, using the contact information at the bottom of this sheet. The agency asks health care professionals and consumers to report any adverse reactions to the FDA’s MedWatch Program by fax at 1-800-FDA-0178, by mail at MedWatch, FDA, 5600 Fishers Lane, Rockville, MD 20852-9787, or on the MedWatch website at www.fda.gov/medwatch.

And, of course, HensonFuerst is always available to answer your legal questions about drug injuries or defective product injuries. This is an enormous recall affecting the United States, Canada, Dominican Republic, Dubai (UAE), Fiji, Guam, Guatemala, Jamaica, Puerto Rico, Panama, Trinidad & Tobago, and Kuwait. If you think your child has had a bad reaction to one of the recalled medications, feel free to call us. If you have questions, HensonFuerst has answers.

Popularity: 26% [?]

URGENT: Graco Crib Recall

hfstaff April 29th, 2010

The U.S. Consumer Product Safety Commission (CPSC) has announced a voluntary recall of 217,000 Graco-brand cribs due to risk of infant suffocation, strangulation, and brain injury.

The cribs involved are LaJobi-manufactured Graco wood full-sized, “drop-side” cribs. A full list of model names and numbers can be found on the CPSC website here:  Graco Crib Recall Information (http://www.cpsc.gov/cpscpub/prerel/prhtml10/10212.html).

The cribs were sold in retail stores nationwide between February 2007 and March 2010.

Consumers should immediately stop using the recalled cribs and contact LaJobi to receive a free hardware retrofit kit that will immobilize the drop side. CPSC urges parents and caregivers to find an alternative, safe sleeping environment for their baby.

For additional information, contact LaJobi toll-free at (888) 842-2215 anytime, or visit LaJobi’s Web site.

There have been reports of at least six children falling when the drop side failed, and at least one child suffered a mild traumatic brain injury (concussion). If your child was injured by a Graco crib and you have questions about your options, call the compassionate lawyers of HensonFuerst. If you have questions, we have answers. Let us help you protect your child.

Popularity: 19% [?]

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