Johnson & Johnson subsidiary sued for peddling faulty hip implants.
The New Jersey Law Journal (4/26, Gialanella) reported Johnson & Johnson subsidiary DePuy Orthopaedics faces a Federal putative class-action suit for consciously selling defective hip implants and delaying a recall for two years. The latest suit, from North Jersey Municipal Employee Benefits Fund is one of at least 139 against DePuy. The Fund alleges "tens of thousands of patients" received the implants and "thousands of third-party payers" purchased them. DePuy allegedly continued to tout the implants' safety after the FDA received nearly 400 complaints "from patients suffering from malfunctions such as device loosening, misalignment, dislocation, fracture and the generation of harmful metal debris from metal-on-metal friction." Johnson & Johnson and subsidiary Johnson & Johnson Services Inc. are also named in the suit.
Friday, April 29, 2011
Thursday, April 28, 2011
NHTSA reviewing Jeep Liberty corrosion issues
Federal safety regulators have opened an investigation into 370,000 Jeep Liberty vehicles over corrosion issues.
The National Highway Traffic Safety Administration said in a notice posted Friday it is reviewing the 2002-2005 Jeep Liberty after receiving nine complaints about rear control arms failing due to excessive corrosion.
Two of the complaints alleged the failure occurred at speeds of 50 mph or greater. Three complaints alleged that the failure resulted in a loss of vehicle control.
This is the third NHTSA probe into corrosion issues on Jeep Liberty vehicles.
In November 2003, the DaimlerChrysler recalled 336,000 2002-2003 Jeep Liberty SUVS because some experienced a loss of lubrication that led to corrosion of the lower control arm ball joints. In some instances, drivers lost control of vehicles.
In August 2006, DaimlerChrysler recalled 825,000 2002-2006 Jeep Liberty SUVs over the same issue after NHTSA had opened an investigation.
The automaker again replaced lower ball joints because they could be corroded and lead to a possible separation causing a loss of control.
Three years later in April 2009, Chrysler LLC recalled 42,469 2002-2003 Jeep Liberty for corrosion issues in 22 cold-weather "salt belt" states to address upper ball joint separation issues, including Michigan.
That followed at least five reports of incidents at speeds of 40 miles or greater. NHTSA closed its 18-month-old investigation after Chrysler announced the recall.
Chrysler -—which has it corporate offices closed today — didn't immediately respond to a request for comment.
NHTSA's preliminary investigation is the first step. In some cases, the government closes an investigation if it doesn't find a safety defect or it may upgrade the investigation to an engineering analysis.
The National Highway Traffic Safety Administration said in a notice posted Friday it is reviewing the 2002-2005 Jeep Liberty after receiving nine complaints about rear control arms failing due to excessive corrosion.
Two of the complaints alleged the failure occurred at speeds of 50 mph or greater. Three complaints alleged that the failure resulted in a loss of vehicle control.
This is the third NHTSA probe into corrosion issues on Jeep Liberty vehicles.
In November 2003, the DaimlerChrysler recalled 336,000 2002-2003 Jeep Liberty SUVS because some experienced a loss of lubrication that led to corrosion of the lower control arm ball joints. In some instances, drivers lost control of vehicles.
In August 2006, DaimlerChrysler recalled 825,000 2002-2006 Jeep Liberty SUVs over the same issue after NHTSA had opened an investigation.
The automaker again replaced lower ball joints because they could be corroded and lead to a possible separation causing a loss of control.
Three years later in April 2009, Chrysler LLC recalled 42,469 2002-2003 Jeep Liberty for corrosion issues in 22 cold-weather "salt belt" states to address upper ball joint separation issues, including Michigan.
That followed at least five reports of incidents at speeds of 40 miles or greater. NHTSA closed its 18-month-old investigation after Chrysler announced the recall.
Chrysler -—which has it corporate offices closed today — didn't immediately respond to a request for comment.
NHTSA's preliminary investigation is the first step. In some cases, the government closes an investigation if it doesn't find a safety defect or it may upgrade the investigation to an engineering analysis.
Nissan recalls 271,000 SUVs on steering risk
DETROIT -- Nissan Motor Co. recalled nearly 271,000 older-model Pathfinder and Infiniti QX4 SUVs in North America due to the chance that road salt and water could collect to cause a loss of steering, U.S. safety regulators said.
Affected in the United States and Canada are about 225,650 Pathfinders from model years 1996 to 2004 and about 45,330 Infiniti QX4 SUVs from model years 1997 to 2003.
The recall affects Pathfinders and QX4s in Canada and 20 cold-weather U.S. states where road salt is used to keep roads clear of snow and ice.
Road salt and melted snow can collect in the strut housing and may cause corrosion that could lead to difficulty in steering and even loss of steering, which could cause a crash, regulators said.
Nissan will inform customers of the recall be mid-May, and its dealers will inspect and fix the issue free of charge.
No injuries have been reported due to this issue and there is a report of an accident that was caused by it, but Nissan said that report could not be confirmed as linked to the corrosion issue.
Nissan said their tests have indicated that only a small portion of the recalled vehicles are expected to need repair.
Inspection at Nissan dealers should take a half hour to an hour but repair or replacement will take longer, said a Nissan spokesman
Affected in the United States and Canada are about 225,650 Pathfinders from model years 1996 to 2004 and about 45,330 Infiniti QX4 SUVs from model years 1997 to 2003.
The recall affects Pathfinders and QX4s in Canada and 20 cold-weather U.S. states where road salt is used to keep roads clear of snow and ice.
Road salt and melted snow can collect in the strut housing and may cause corrosion that could lead to difficulty in steering and even loss of steering, which could cause a crash, regulators said.
Nissan will inform customers of the recall be mid-May, and its dealers will inspect and fix the issue free of charge.
No injuries have been reported due to this issue and there is a report of an accident that was caused by it, but Nissan said that report could not be confirmed as linked to the corrosion issue.
Nissan said their tests have indicated that only a small portion of the recalled vehicles are expected to need repair.
Inspection at Nissan dealers should take a half hour to an hour but repair or replacement will take longer, said a Nissan spokesman
Toyota to recall 308,000 RAV4s, Highlanders for airbag fix
DETROIT -- Toyota Motor Corp. said today it would recall about 308,000 RAV4 and Highlander SUVs because of the risk airbags sensors could fail and cause the curtain airbags to deploy.
About 214,000 RAV4s and 94,000 Highlanders and Highlander HVs will be recalled from the 2007 and 2008 model years, according to a company statement.
The recall only affects vehicles sold in North America, Toyota said.
Toyota said owners of the vehicles would be notified of the recall by mail in May.
Toyota said that, in cases where two sensors fail at almost the same time, the side curtain airbags designed to protect passengers in a rollover accident could be inflated outside such an accident.
In cases where just one of the sensors fails, the airbags warning light will be activated, the automaker said
About 214,000 RAV4s and 94,000 Highlanders and Highlander HVs will be recalled from the 2007 and 2008 model years, according to a company statement.
The recall only affects vehicles sold in North America, Toyota said.
Toyota said owners of the vehicles would be notified of the recall by mail in May.
Toyota said that, in cases where two sensors fail at almost the same time, the side curtain airbags designed to protect passengers in a rollover accident could be inflated outside such an accident.
In cases where just one of the sensors fails, the airbags warning light will be activated, the automaker said
Eliminating Joint and Several Liability will Ultimately Burden Victims and Taxpayers
Pennsylvania litigator says erroneous theory behind efforts to eliminate joint and several liability. Civil litigator Larry Coben criticized the theory behind legislation eliminating joint and several liability in Pennsylvania, writing in the Legal Intelligencer (4/26, Coben) that "an apportionment statue ...assumes the reliability of allocating percentages of fault" and "relies upon the false inference that any tortfeasor, once found liable, is only partly responsible because there are other negligent parties." Coben said corporations and wealthy defendants use apportionment to avoid liability by hiring top-notch attorneys to "deflect responsibility to those with limited resources and avoid paying for the harm caused." Coben said eliminating joint and several liability will ultimately burden victims and taxpayers.
Medical malpractice reform said to increase US deficit.
Medical malpractice reform said to increase US deficit.
Writing for the Huffington Post (4/27), Joanne Doroshow of the Center for Justice and Democracy highlighted a March analysis from the Congressional Budget Office determining that savings from malpractice reforms would be minimal. Doroshow argued that reforms imposed by HR 5, which includes a $250,000 noneconomic damage cap will actually increase the US deficit. According to Doroshow, malpractice victims who cannot secure compensation through litigation will turn to avenues like Medicare and Medicaid. The CBO's prediction that reform will reduce health spending by 0.4 percent doesn't account for this. Nor does the CBO consider "that these kinds of extreme 'tort reforms' would weaken the deterrent potential of the tort system, with accompanying increases in cost and physician utilization inherent in caring for newly maimed patients."
Writing for the Huffington Post (4/27), Joanne Doroshow of the Center for Justice and Democracy highlighted a March analysis from the Congressional Budget Office determining that savings from malpractice reforms would be minimal. Doroshow argued that reforms imposed by HR 5, which includes a $250,000 noneconomic damage cap will actually increase the US deficit. According to Doroshow, malpractice victims who cannot secure compensation through litigation will turn to avenues like Medicare and Medicaid. The CBO's prediction that reform will reduce health spending by 0.4 percent doesn't account for this. Nor does the CBO consider "that these kinds of extreme 'tort reforms' would weaken the deterrent potential of the tort system, with accompanying increases in cost and physician utilization inherent in caring for newly maimed patients."
Wednesday, April 27, 2011
Recent Product Recalls
Product Recalls
The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. Like the attorneys at Atlee, Hall & Brookhart, LLP, the CPSC is committed to protecting consumers and families from products that pose a hazard or can injure children. Below is a list of the recent recalls that people should be aware of.
Consumer Product Safety Commission Recent Product Recalls
April 25, 2011
-Children's Scooters Recalled by Kiddieland Due to Laceration Hazard
-Disney Princess Plastic Trikes Recalled by Kiddieland Due to Laceration Hazard
-75 Drownings and Near-Drownings in 15 Weeks; Pool Safely PSAs Urge Parents to Watch Children At All Times Around Pools and Spas This Summer
-June Deadline Set for End to Globe Fire Sprinkler Model J Sprinkler Recall; Property Owners Should Act Now To Request Replacement of Sprinkler Heads
-Aquarium Heaters Recalled by United Pet Group Due to Fire and Laceration Hazards
-Photon Climbing Carabiners and Quickdraws Recalled Due to Risk of Injury
-Pacific Trade International Recalls Candles Due to Fire and Burn Hazard
-Spot Recalls Satellite Communicator Due To Loss of Emergency Communications Capability
-Lithium-Ion Batteries Used with Bicycle Lights Recalled by GeoManGear Due to Fire Hazard
-CPSC Approves New Mandatory Standard for Toddler Beds
-ADP Recalls to Repair Unit Heaters Due to Fire Hazard
-Lennox Industries Recalls to Repair Garage Heaters Due to Fire Hazard
-Wrist Rattles and Baby Booties Recalled by Midwest-CBK Due to Choking Hazard
-Cub Cadet Recalls Riding Lawn Mowers Due to Fire Hazard
-Girl's Clothing Recalled by My Michelle Due to Risk of Lead Exposure
-Redken 5th Avenue NYC Recalls Guts Spray Mousse Foam Due to Risk of Rupture
-Rogue Fitness Barbell Brackets Recalled by Coulter Ventures Due to Injury Hazard
-CPSC: Parents, Caregivers Should Consider Safety Before Opening Windows
-Active Leisure Tents Recalled Due to Fire Hazard; Sold Exclusively at Costco
-Fashionviews Inc. Recalls P.Jamas Children's Sleepwear Due to Violation of Federal Flammability Standard
-Stained Glass Soldering Irons Recalled By Cooper Tools Due to Burn Hazard
-Williams-Sonoma Recalls Hot Chocolate Pots Due To Burn and Laceration Hazards
-Pampers® Natural Stages Pacifiers Recalled by Key Baby Due to Choking Hazard
-Arm's Reach Concepts Recalls Infant Bed-Side Sleepers Due to Entrapment, Suffocation and Fall Hazards
-Infantino Recalls Toy Activity Trucks Due to Choking Hazard
The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. Like the attorneys at Atlee, Hall & Brookhart, LLP, the CPSC is committed to protecting consumers and families from products that pose a hazard or can injure children. Below is a list of the recent recalls that people should be aware of.
Consumer Product Safety Commission Recent Product Recalls
April 25, 2011
-Children's Scooters Recalled by Kiddieland Due to Laceration Hazard
-Disney Princess Plastic Trikes Recalled by Kiddieland Due to Laceration Hazard
-75 Drownings and Near-Drownings in 15 Weeks; Pool Safely PSAs Urge Parents to Watch Children At All Times Around Pools and Spas This Summer
-June Deadline Set for End to Globe Fire Sprinkler Model J Sprinkler Recall; Property Owners Should Act Now To Request Replacement of Sprinkler Heads
-Aquarium Heaters Recalled by United Pet Group Due to Fire and Laceration Hazards
-Photon Climbing Carabiners and Quickdraws Recalled Due to Risk of Injury
-Pacific Trade International Recalls Candles Due to Fire and Burn Hazard
-Spot Recalls Satellite Communicator Due To Loss of Emergency Communications Capability
-Lithium-Ion Batteries Used with Bicycle Lights Recalled by GeoManGear Due to Fire Hazard
-CPSC Approves New Mandatory Standard for Toddler Beds
-ADP Recalls to Repair Unit Heaters Due to Fire Hazard
-Lennox Industries Recalls to Repair Garage Heaters Due to Fire Hazard
-Wrist Rattles and Baby Booties Recalled by Midwest-CBK Due to Choking Hazard
-Cub Cadet Recalls Riding Lawn Mowers Due to Fire Hazard
-Girl's Clothing Recalled by My Michelle Due to Risk of Lead Exposure
-Redken 5th Avenue NYC Recalls Guts Spray Mousse Foam Due to Risk of Rupture
-Rogue Fitness Barbell Brackets Recalled by Coulter Ventures Due to Injury Hazard
-CPSC: Parents, Caregivers Should Consider Safety Before Opening Windows
-Active Leisure Tents Recalled Due to Fire Hazard; Sold Exclusively at Costco
-Fashionviews Inc. Recalls P.Jamas Children's Sleepwear Due to Violation of Federal Flammability Standard
-Stained Glass Soldering Irons Recalled By Cooper Tools Due to Burn Hazard
-Williams-Sonoma Recalls Hot Chocolate Pots Due To Burn and Laceration Hazards
-Pampers® Natural Stages Pacifiers Recalled by Key Baby Due to Choking Hazard
-Arm's Reach Concepts Recalls Infant Bed-Side Sleepers Due to Entrapment, Suffocation and Fall Hazards
-Infantino Recalls Toy Activity Trucks Due to Choking Hazard
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