Product Liability

Published on: July 7, 2009

More Zicam Lawsuits Filed

By Brian Chase

The California Zicam lawyers at Bisnar Chase Personal Injury Attorneys continue to receive inquiries regarding lawsuits and class-action suits about defective over-the-counter Zicam cold medications, which have apparently caused hundreds of Americans to lose their sense of smell and/or taste. These Zicam defective products were meant to relieve cold congestion. However, the defective Zicam nasal cold remedy products clearly have done more harm than good.

Matrixx Initiatives Inc., the manufacturer of the Zicam cold remedies that are believed to be responsible for hundreds of users nationwide losing their sense of smell is expecting to face more Zicam lawsuits, in addition to the ones already filed, after the U.S. Food and Drug Administration warned consumers about Zicam drug effects, according to a Dow Jones news report. Last month, federal officials cautioned consumers to stop using Zicam cold and allergy medications because they can cause permanent loss of smell.

Matrixx officials have said that they are facing a lot of legal action including two economic Zicam class-action lawsuits and a personal injury lawsuit involving 117 plaintiffs. They are now saying that additional Zicam lawsuits involving individual plaintiffs making allegations that its nasal gel products have caused a permanent loss or diminishment of the sense of smell or smell and taste, have been filed. Matirxx officials have also said that they absolutely disagree with the FDA’s stance that these drugs are dangerous and defective and that they intend to vigorously defend each and every one of these lawsuits. However, Matrixx has started a formal recall of all of its Zicam Cold Remedy Nasal Gel and Zicam Cold Remedy Nasal Swab products in a move to comply with the FDA’s request.
Continue reading →

Published on: June 25, 2009

GM-Chrysler Bankruptcy Will Have Chilling Effect on Product Recalls

By Brian Chase

The General Motors-Chrysler bankruptcy has caused much anxiety among consumers because it seeks to throw out auto product liability and personal injury lawsuits against them. Now, a new report predicts that a loophole created by the bankruptcies of General Motors and Chrysler will make it possible for the companies to avoid issuing product recalls of defective cars that were manufactured prior to the bankruptcy filings.

According to a news article on Consumer Reports, this new report released by Safety Research and Strategies (http://www.safetyresearch.net/chrysler-gm-bankruptcy) looks into the implications of a provision in the GM and Chrysler bankruptcies that allows the automakers to avoid liability for the vehicles made before the bankruptcy. The report projects that based on information provided by both GM and Chrysler and the National Highway Traffic Safety Administration (NHTSA), more than 3,400 Americans will be injured or killed by a defective Chrysler of GM vehicle during the first year after the bankruptcy.
Continue reading →

Published on: June 22, 2009

Zicam Class Action Suit Pending in California? Zicam Defects Surfaced Five Years Ago

By Brian Chase

California Zicam class action attorneys are aware that the problem with Zicam intranasal cold remedies is nothing new. According to an investigative news report done by Denver’s 7News in 2004, five years before the U.S. Food and Drug Administration (FDA) cautioned consumers that use of Zicam can result in the loss of sense of smell. In 2004, Matrixx Initiatives, the manufacturer of Zicam, admitted that they did not know if their nasal gel could cause loss of smell.
Continue reading →

Published on: May 3, 2009

Perris Tour Bus Accident Injures 25

By Brian Chase

A Riverside County tour bus accident on the 215 Freeway the afternoon of May 2, 2009 injured 25 people and at least eight suffered critical injuries, according to an article in The Desert Sun. The Inland Empire Stages Ltd. bus was returning to Colton from a San Diego area casino when it veered to the right crossing two lanes and crashed into a cinder-block wall. California Highway Patrol investigators are looking into what caused the 56-year-old bus driver to lose control of the 2003 MCI E-Series Renaissance Coach, which was northbound on the freeway with 27 passengers.

The eight victims who were critically injured were taken to area hospitals. There is no word on how these victims are doing. This Riverside County bus crash occurred three days after a similar bus accident in Soledad took the lives of four French tourists and bus driver, 69-year-old John Agnew of Corona. That investigation is still continuing.
Continue reading →

Published on: February 3, 2009

Newport Beach Hit-and-Run Accident Critically Injures Man

By Brian Chase

A man has suffered critical injuries in a Newport Beach hit-and-run accident, The Orange County Register reports in this article. The man was attending to a disabled vehicle in the curb lane of westbound Hospital Road near Placentia Avenue on February 1, 2009 when he was struck by a white sport utility vehicle, possibly a Ford Explorer. The victim suffered serious injuries and was taken to a local hospital where he is listed in critical condition. If you have any information about this Orange County hit-and-run accident, please call the Newport Beach Police Department’s Traffic Division at 949-644-3717 or Detective Beverly at 949-644-3747.

My heart goes out to this victim who got struck down as he was attending to his disabled vehicle. It is appalling that the driver of this SUV did not have the human decency to stop at the scene of the accident and help the man he had hit. The injured victim and his family will be in my prayers and I hope and pray that he makes a quick and complete recovery.

There is no question that the hit-and-run driver in this case should be prosecuted to the fullest extent of the law. There is no excuse for such negligence and callous disregard for a fellow human being. I would not be surprised if alcohol or drugs were involved in this accident. This individual must be found, brought to justice and held criminally as well as civilly responsible for what happened to this victim.
Continue reading →

Published on: December 18, 2008

Lead Tainted Defective Toys Cost Mattel $12 Million

By Brian Chase

Toy manufacturer Mattel Inc. will pay $12 million to 39 states in order to settle an investigation over lead-tainted toys made in China and sold in the United States in 2007.
Mattel and its subsidiary Fisher Price recalled more than 21 million of these defective toys fearing that excessive lead in many of these toys can cause brain damage in young children. Many of these toys also contained tiny magnets that young children could swallow accidentally. Our source for this blog was this Associated Press news report.

Mattel, as part of this $12 million settlement, has agreed to lower the acceptable level of lead in toys to 90 parts per million down from 600 parts per million, which is the federal standard now.
When new regulations go into place next year, the federal standard will also fall to 90 parts per million. California was one of the states that took part in negotiations for Mattel’s 12 million settlement, but also reached a separate agreement under its Safe Drinking Water and Toxic Enforcement Act. Nine toy companies, including Mattel, will pay California $1.8 million in this separate settlement.
Continue reading →

Published on: July 28, 2008

Digitek (Digoxin) Product Liability Lawsuits Filed Against Actavis Totowa

By Brian Chase

An Ohio man has filed a federal product liability lawsuit against a West Virginia pharmaceutical company after he reportedly suffered severe side effects as a result of taking Digitek, a recently recalled pharmaceutical drug designed as a heart medicine manufactured by Actavis Totowa LLC. The medicine also known as Digoxin, is distributed by Mylan Pharmaceuticals, according to this news report. Earlier this year, Actavis Totowa LLC recalled all lots Digitek because the tablets contained twice the approved level of the active ingredient.

The lawsuit states that there have been at least 11 complaints relating to Digitek’s side effects, including illnesses and injuries, since 2006. Joe Supinski, who filed the lawsuit, said he started taking the drug for an irregular heart rhythm, but after taking the prescribed dosage, he reportedly experienced visual changes, blurred vision, loss of appetite, low blood pressure, breathing difficulties and other health problems.

Mr. Supinski was not alone in his suffering. Bobbie Dyal and Robert Dyal, an Alabama couple, are also filing a similar lawsuit against the drug manufacturer. According to this lawsuit, Bobbie Dyal suffered permanent heart damage because of digitalis toxicity, a lethal reaction to Digoxin overdose.

We have a number of clients who lost a family member to Digitek (Digoxin) overdose caused by the double dosage of the active ingredient by the manufacturer. We have been in contact with even more people who believe that they have suffered severe side effects from the drug and are considering filing lawsuits. We are in the process of gathering the medical evidence to substantiate their pharmaceutical litigation cases before filing our own lawsuits.
Continue reading →

Published on: May 4, 2008

QVC Recalls 28,000 Defective SoleusAir Space Heaters For Fire Hazards

By Brian Chase

QVC is recalling about 28,000 defective SoleusAir space heaters that can overheat, posing a fire hazard to consumers. According to consumer watchdog Web site Consumeraffairs.com, no injuries have been reported as a result of the fire hazard, but the firm has received nine reports of flames inside or coming out of the heaters and 70 additional reports of smoking, overheating, sparking, melting and/or emitting burning odors.
Continue reading →

Published on: April 25, 2008

Defective and Dangerous Nail Guns Are Causing Major Injuries and Deaths, Report Shows

By Brian Chase

In spite of decades of warnings from researchers and doctors that nail guns are dangerous and can cause major injuries or even death, the popularity of automatic nail guns surged during the building boom of the 2000s resulting in skyrocketing nail gun injuries, an in-depth investigation by the Sacramento Bee finds.

According to the report, California companies reported 1,890 nail gun injuries leading to missed work days between 2003 and 2006, according to Labor Department numbers. A national report apparently shows that the number of people affected by nail gun injuries is actually much higher – about 42,000 people a year, more than 100 a day are treated for these injuries in our emergency rooms. The cost is about $338 million a year in emergency medical care, rehabilitation and workers compensation, according to the Consumer Product Safety Commission.

Injury victims and their families are increasingly accusing manufacturers of sacrificing safety to boost the sale of these nail guns and nails, which are nothing but mini missiles, which cause injuries to not only the people who work with them, but also innocent bystanders. Consider this for a second – the most powerful nail guns available in the market can send 30 nails blasting out per minute and these things travel up to 490 feet per second.
Continue reading →

Published on: January 29, 2008

High Court Rulings Could Shield Big Corporations From Product Liability Lawsuits

By Brian Chase

If the U.S. Supreme Court decides to uphold two lower court rulings, it would provide immunity from product liability lawsuits to major corporations including cigarette and drug companies and auto manufacturers. According to this article, the cases in question particularly involve lawsuits over Philip Morris’ so-called “light” cigarettes and injuries caused by Wyeth’s Phenergan, a nausea medication which caused a Vermont woman’s arm to be amputated after she was injected with it.

What happens if the Supreme Court decides in favor of these giant corporations? Thousands of people suing over serious injuries and deaths caused by defective drugs, lead-tainted toys, deceptive advertising and defective auto products, will lose the right to have their cases heard in court.

We hope the U.S. Supreme Court will think long and hard about these cases and decide to rule in favor of the consumers. A decision for the corporations will seriously hurt consumers and their rights. If the high court rules in favor of the companies, they will get the immunity from litigation that they have long dreamed of. As long as they can pay their high-priced and high-powered lobbyists to convince governmental regulatory agencies to approve their products, they would be free of any liability to consumers. And that would hold true irrespective of what they knew or should have known about the faulty products or the harm done.
Continue reading →