May 5, 2010

J & J/McNeil Recall Update: Our Kids At Risk

Reuters News Service today updates the report on the recall of over 40 different childrens' cold and flu preparations manufactured at the Fort Washington, Pa plant owned and operated by McNeil:

U.S. inspectors found thick dust and contaminated ingredients at the Johnson & Johnson plant that produces Children's Tylenol and dozens of other products that were recalled last week.

12429024_BG1.jpg

A Food and Drug Administration report released on Tuesday said its inspectors found thick dust and grime covering certain equipment, a hole in the ceiling and duct tape-covered pipes at the Fort Washington, Pennsylvania, facility that made 40 products recalled last Friday.

Inspectors also found raw ingredients contaminated by an unspecified bacteria, a lack of quality control procedures and poor handling of complaints, according to the report dated April 30.

The findings were a further blow to J&J's reputation, as the FDA later on Tuesday urged parents to choose private label alternatives for the over-the-counter medications and said it was weighing possible further regulatory action.

"Consumers should not use these products," Deborah Autor, director of the Office of Compliance at FDA's Center for Drug Evaluation and Research told reporters in a conference call, even though the chance of getting sick from the recalled products was "remote."

There were 46 consumer complaints about dark material in the liquid products between June 2009 and April 2010, according to the FDA report.

J&J, which has issued four major product recalls in the last year, said on Tuesday that the quality problems at the plant "are unacceptable to us" and that it would continue to work closely with the FDA to fix them.

The company has suspended production at the plant.

"We will not restart operations until we have taken the necessary corrective actions and can assure the quality of products made there," said a statement from J&J's McNeil Consumer Healthcare unit.

On Saturday, the FDA urged consumers to stop using liquid Tylenol, Motrin, Benadryl and Zyrtec for children and infants after a broad recall late on Friday.

Investors have largely shrugged off the recall as a minor financial concern for J&J, maker of a wide variety of devices, medicines and other consumer products. While the Tylenol brand is closely connected with its public image, it amounts to a tiny fraction of nearly $62 billion in annual sales.

"The latest recalls of children's Tylenol probably means there's just less upside to J&J's earnings estimates," said RBC Capital Markets analyst Glenn Novarro. "They can manage the expense side to make up for this. J&J just doesn't miss numbers."

But officials at the FDA, which has vowed closer industry oversight under the Obama administration, said the recall served as an example of companies' responsibility to ensure the quality of the products they make.

"While the potential for serious health problems is remote, Americans deserve medications that meet FDA standards for quality, safety and efficacy," FDA Commissioner Margaret Hamburg told reporters.

The FDA's report said inspectors found raw material used to manufacture several lots of Children's and Infant's Tylenol was contaminated with bacteria, but none of the finished drug product sampled tested positive.

Agency inspectors will complete a more detailed, narrative report for FDA officials to evaluate and determine if further action is needed, the FDA's Autor said. That could include sending a warning letter, seizing products, seeking a court order to halt manufacturing or pursuing criminal penalties.

J&J survived a massive recall of intentionally contaminated Tylenol products in the 1980s and its handling of the matter is widely studies as as a model business and public relations case.

Branding expert Robert Passikoff said so far the company has done everything right in handling the latest recall.

"There's no way to excuse it and J&J isn't. What they're looking to do is fix whatever the problems are," said Passikoff, head of Brand Keys Inc. Customers are loyal to the Tylenol brand "and that goes a long way."

For more specific information, the FDA has published a redacted version of its report. A specific problem taken directly from the FDA report states:

The Quality Control Unit (QA) authorities most responsible for overseeing daily operations at the Fort Washington facility did not ensure that the responsibilities of the Analytical, Microbiological, Compliance, and Quality Assurance departments were enforced for rejection and withholding from approval any raw material component that contained known contamination of gram negative organisms.

Let all buyers beware of this potential hazard to our children.

May 3, 2010

Purity Or Poison: Kids Medicine Recalled

On May 2, 2010, the McNeil division of Johnson & Johnson voluntarily recalled 43 different OTC products due to "quality control issues. This innocuous sounding phrase covers a wide variety of problems which include:

Some of the products included in the recall may contain a higher concentration of active ingredient than is specified; others may contain inactive ingredients that may not meet internal testing requirements; and others may contain tiny particles.

tylenol-shelf.jpg

The list of recalled products reads like a list of many parents' medicine chests for young children:

TYLENOL® INFANTS’ DROPS CONCENTRATED TYLENOL® INFANTS’ DROPS 1 OZ. GRAPE FLAVOR

50580-144-01
CONCENTRATED TYLENOL® INFANTS’ DROPS 0.5 OZ. GRAPE FLAVOR*

50580-144-15
CONCENTRATED TYLENOL® INFANTS’ DROPS 1 OZ. CHERRY DYE FREE

50580-167-01
CONCENTRATED TYLENOL® INFANTS’ DROPS 0.5 OZ. CHERRY FLAVOR

50580-143-15
CONCENTRATED TYLENOL® INFANTS’ DROPS 1 OZ. CHERRY FLAVOR

50580-143-30
CONCENTRATED TYLENOL® INFANTS’ DROPS 0.5 OZ. GRAPE - HOSPITAL

50580-144-18
CONCENTRATED TYLENOL® INFANTS’ DROPS 0.25 OZ. GRAPE - SAMPLE

50580-144-40

CHILDREN’S TYLENOL® SUSPENSIONS
CHILDREN’S TYLENOL® SUSPENSION 2 OZ. CHERRY BLAST FLAVOR

50580-123-02
CHILDREN’S TYLENOL® SUSPENSION 4 OZ. CHERRY BLAST FLAVOR

50580-123-04
CHILDREN’S TYLENOL® DYE-FREE SUSPENSION 4 OZ. CHERRY FLAVOR

50580-166-04
CHILDREN’S TYLENOL® SUSPENSION 4 OZ. GRAPE SPLASH

50580-296-04
CHILDREN’S TYLENOL® SUSPENSION 4 OZ. BUBBLEGUM FLAVOR

50580-407-04
CHILDREN’S TYLENOL® SUSPENSION 4 OZ. VERY BERRY STRAWBERRY FLAVOR

50580-493-04
CHILDREN’S TYLENOL® SUSPENSION 1 OZ. CHERRY BLAST FLAVOR – SAMPLE

50580-123-01
CHILDREN’S TYLENOL® SUSPENSION 4 OZ. CHERRY BLAST FLAVOR – HOSPITAL

50580-123-03

CHILDREN’S TYLENOL® PLUS SUSPENSIONS
CHILDREN’S TYLENOL® PLUS SUSPENSION 4 OZ. COUGH & SORE THROAT CHERRY FLAVOR

50580-247-04
CHILDREN’S TYLENOL® PLUS SUSPENSION 4 OZ. COUGH & RUNNY NOSE CHERRY FLAVOR

50580-249-04
CHILDREN’S TYLENOL® PLUS DYE-FREE SUSPENSION 4 OZ. COLD & STUFFY NOSE GRAPE FLAVOR

50580-253-04
CHILDREN’S TYLENOL® PLUS DYE-FREE SUSPENSION 4 OZ. COLD & COUGH GRAPE FLAVOR

50580-254-04
CHILDREN’S TYLENOL® PLUS DYE-FREE SUSPENSION 4 OZ. MULTI-SYMPTOM COLD GRAPE FLAVOR

50580-255-04
CHILDREN’S TYLENOL® PLUS SUSPENSION 4 OZ. FLU BUBBLEGUM FLAVOR

50580-386-04
CHILDREN’S TYLENOL® PLUS SUSPENSION 4 OZ. COLD GRAPE FLAVOR

50580-387-04
CHILDREN’S TYLENOL® PLUS SUSPENSION 4 OZ. COLD & ALLERGY BUBBLEGUM FLAVOR

50580-390-04
CHILDREN’S TYLENOL® PLUS SUSPENSION 4 OZ. MULTI-SYMPTOM COLD GRAPE FLAVOR

50580-391-04

MOTRIN® INFANTS’ DROPS
CONCENTRATED MOTRIN® INFANTS’ DROPS 1 OZ. BERRY DYE FREE

50580-198-01
CONCENTRATED MOTRIN® INFANTS’ DROPS 0.5 OZ. BERRY DYE FREE

50580-198-15
CONCENTRATED MOTRIN® INFANTS’ DROPS 0.5 OZ. BERRY FLAVOR*

50580-100-15

CHILDREN’S MOTRIN® SUSPENSIONS
CHILDREN’S MOTRIN® SUSPENSION 4 OZ. BERRY DYE FREE

50580-184-04
CHILDREN’S MOTRIN® SUSPENSION 2 OZ. BERRY FLAVOR

50580-601-02
CHILDREN’S MOTRIN® SUSPENSION 4 OZ. BERRY FLAVOR

50580-601-04
CHILDREN’S MOTRIN® SUSPENSION 4 OZ. TROPICAL PUNCH FLAVOR

50580-215-04
CHILDREN’S MOTRIN® SUSPENSION 4 OZ. GRAPE FLAVOR

50580-603-04
CHILDREN’S MOTRIN® SUSPENSION 4 OZ. BUBBLEGUM FLAVOR

50580-604-04
CHILDREN’S MOTRIN® SUSPENSION 1 OZ. GRAPE SAMPLE

50580-603-01
CHILDREN’S MOTRIN® SUSPENSION 1 OZ. BUBBLEGUM SAMPLE

50580-604-01
CHILDREN’S MOTRIN® SUSPENSION 1 OZ. BERRY SAMPLE

50580-601-01
CHILDREN’S MOTRIN® SUSPENSION 4 OZ. BERRY HOSPITAL

50580-601-50
CHILDREN’S MOTRIN® SUSPENSION 4 OZ. COLD BERRY FLAVOR

50580-902-04

CHILDREN’S ZYRTEC® LIQUIDS IN BOTTLES
CHILDREN’S ZYRTEC® 4 OZ. BUBBLEGUM SYRUP

50580-721-04
CHILDREN’S ZYRTEC® DYE FREE 4 OZ. GRAPE SYRUP

50580-730-04
CHILDREN’S ZYRTEC® SUGAR-FREE DYE-FREE 0.5 OZ. GRAPE

50580-730-15
CHILDREN’S ZYRTEC® SUGAR-FREE DYE-FREE 0.5 OZ. BUBBLEGUM

50580-721-15
CHILDREN’S ZYRTEC® SUGAR-FREE DYE-FREE 2 X 4 OZ. BUBBLEGUM LIQUID

50580-721-08

CHILDREN'S BENADRYL® ALLERGY LIQUIDS IN BOTTLES
CHILDREN'S BENADRYL® ALLERGY 4 OZ. BUBBLEGUM FLAVORED LIQUID

50580-535-04


* CONCENTRATED TYLENOL® INFANTS’ DROPS 0.5 OZ. GRAPE FLAVOR is also included in JOHNSON'S ® Baby Relief Kit.

*CONCENTRATED MOTRIN® INFANTS’ DROPS 0.5 OZ. BERRY FLAVOR is also included in JOHNSON'S ® Baby Relief Kit

For a complete report, please go to the government website http://www.fda.gov/Safety/Recalls/ucm210443.htm. CAVEAT EMPTOR!

October 25, 2009

Tennessee Breyer's Ice Cream Lovers Unite: Mint Chip Product Recall

Egad! Is nothing sacred? Can we Tennesseans who love Chocolate Chip Mint or Cookies and Cream find no safe haven? This week, which I report while holding back tears, Unilever has recalled these nectars of the gods:

Englewood Cliffs, NJ, October 22, 2009 –Unilever United States, Inc., of Englewood Cliffs, NJ, in cooperation with the U.S. Food and Drug Administration (FDA), is voluntarily recalling a limited number of tubs of Breyers®ice cream because it was MISPACKAGED and may contain UNDECLARED WHEAT. People who have an allergy or severe sensitivity to wheat run the risk of allergic reaction if they consume this product.

chocomnt.jpg

cookiesncrem

On a limited number of tubs, the lid describes the product as “Breyers®All Natural Cookies & Cream” ice cream, and the tub portion of the package describes the product as “Breyers®All Natural Mint Chocolate Chip” ice cream. The product inside of the tub is “All Natural Cookies & Cream.” The ingredient statement on the tub does not declare wheat, which is an ingredient of the Cookies & Cream product.

The mispackaged ice cream product was distributed in Alabama, Arizona, Delaware, Florida, Georgia, Maryland, New Jersey, New York, Ohio, Pennsylvania, Puerto Rico, South Carolina, TENNESSEE, Trinidad and Virginia through retail stores in these locations and adjoining areas. The affected product is being recalled from consumers and retailer store shelves, back rooms and warehouses.

Fear not! You Memphis calorie lovers need not forgo the delectable, tongue-pleasing treat. simply venture forth to your local grocery for a refund. The affected mispackaged product was distributed in 1.5-quart (1.41L)paperboard tubs marked with UPC # 077567254245 located on the side of the tub and in combination with “Best If Used By” dates of FEB1711GH, FEB1811GH and FEB1911GH located on the bottom of the tub.

Dare we say it? If not a refund, how about an even exchange! You gotta love it!

kiss%20chocomnt.jpg

April 20, 2009

Coffee Maker Explodes: Tennessee Hazard to Consumers

Last week we reported exploding fitness balls. Now, Tennessee residents and all of the Mid-South should be aware of an exploding coffee maker.Philips Senseo One-Cup Coffeemakers have been recalled due to several reports of mineral buildup in the unit which has caused them to explode. Needless to say the burn risk is high not to mention the effect that such an event can have on the consumer's confidence in our products.

But, are they "our products"? While Phillips distributes these electronic devices, can you guess where they were made? Do China and Poland ring any bells? It should as the exploding fitness balls and many other products that have been discovered as being dangerous or defective have come to us from China. Remember the adulterated infant formula? The price range and sellers were Wal-Mart, Target and Safeway stores nationwide and online at Amazon.com between July 2006 through March 2009 for between $60 and $140.

In the event that you are working out on a fitness ball and brewing a cup of coffee, stop immediately! While no events have been reported yet in the United States. The firm has received 17 reports of incidents in Europe, including six reports of minor personal injury involving first degree burns to the hands, arms and abdomen. If you fit this profile, please consult an attorney who can protect your rights and your future.

coffee%20maker.jpg

April 17, 2009

Fitness Balls Burst: Tennessee Fall Hazard

Tennessee residents and those of our sister states need to know that today about three million fitness balls are the subject of a voluntary recall by the Consumer Products Safety Commission. Memphis retailers have sold these items as "burst-resistant". These balls are typically used by the consumer as a part of a fitness routine.

Unfortunately, the inflation instructions were written in a way that could cause an unintended over inflation. The danger here is that if the fitness ball is used after being over inflated that it could explode thereby dumping the erstwhile athlete onto the floor. As these have been sold since 2000 in department stores, it is quite likely that this product marketed under the names "Everlast", "Valeo" and "Body Fit" could be quietly waiting in your home or gym to injure you.

To see the complete recall information go to:
www.cpsc.gov/cpscpub/prerel/prhtml09/09196.html

fitness%20ball

March 11, 2009

Refrigerator Fire Hazard Recall: Tennessee Consumers At Risk

Over 1,600,000 refrigerators made by Maytag under a variety of brand names were recalled due to a present danger of fire. Given the number of units and brands involved, it approaches a near certainty that Memphis and Tennessee trial attorneys will be faced with client issues respecting these products.The Consumer Products Safety Commission (CPSC) has gotten 41 reports of fires, some of which included the following brands and types:

Maytag, Jenn-Air, Amana, Admiral, Magic Chef, Performa by Maytag and Crosley brand side by side and top freezer refrigerators

Between 2003 and 2005 the CPSC reports approximately 378,700 home fires that resulted in 2740 deaths; 13,090 injuries and over $5.61 billion in property damages related to these catastrophes.In this particular case both side-by-side and freezer over refrigerator models are included, but not freezer below refrigerator types.

4_t764a.JPG

Do not delay in determining whether or not you have one of these time bombs in your home or business. If you have had a refrigerator fire, the statute of limitations in Tennessee would allow a lawsuit for property damages to be filed within 3 years after the fire event. To paraphrase Smokey The Bear, only you can prevent a refrigerator fire. Here is where the serial number is located to investigate the refrigerator you may own:

09145c.jpg

March 10, 2009

Tennessee Motorcycle Recall: GSX- R1000 Frame Cracks

In early January, American Suzuki recalled its high end motorcycle. Memphis trial lawyers have come to know that the front fork assembly can crack and break. This can send a Mid-South user headlong into serious injuries and medical expenses. The recall focuses on defects brought about by high impact uses, i.e. Wheelies, coming down hard on the front wheel after being off the ground, etc.

An article in a motorcycle enthusiast magazine recently commented:

Although Suzuki GSX-R1000s tend to be bullet-proof mechanically and can stand tens of thousands of miles of hard use, the finish isn’t quite as good as the competition. The paintwork on the panels and engine casings is thin and the GSX-R1000K7’s new twin pipes look particularly cheap – although Suzuki is probably assuming people will get rid of them anyway in favour of replacement cans.

gsx%20r1000.jpg

Whether or not the bike is truly "bullet-proof mechanically" is reality or salesmanship really doesn't matter in the face of this recall.The details of the recall can be found at the Consumer Affairs website. Dangerous products cases are always a challenge.If you have suffered a loss due to this bike's failure, there may be a way to recover your losses. Contact a knowledgeable trial lawyer without delay!

March 6, 2009

Mid-South Off Road Dirt Bike Hazard: Keep Her Outta The Ditch

Yesterday, the Consumer Products Safety Commision reported a recall of connecting rods and crankshaft assemblies made by http://www.wiseco.com/. this voluntary recall was made necessary due to the likelihood of injuries in the event that these parts should fail during their intended use.

A product such as these, under Tennessee law, is unreasonably dangerous if a consumer's reasonable expectation of the intended use of the product is not met due to some inherent defect in the product. Dirt Bikes are used not only for off road travel but also are used in competition. These specialty connecting rods and crankshaft assemblies are marketed to those who are enthusiasts of this sport. It is not hard to understand that, even when used according to manufacturer's instructions, these parts are going to be put to use in conditions that are far more challenging than simple street riding.

jerry2.jpg

According to a study posted by the Centers For Disease Control in 2003, 4,769 people were treated for Moto-Cross injuries and 19,031 people were treated in Emergency Rooms for off-road injuries. Still more startling is the fact that from 2001 through 2004, 29,800 riders were injured each year from this activity. By contrast a statistical study in the Journal of Pediatrics reports:

From 1993 through 2000, an estimated 22 661 (95% confidence interval [CI]: 16 668–28 654) or 4.9 per 100 000 (95% CI: 3.6–6.2) children ≤ 14 years old with nonfatal FA injuries were treated in US hospital EDs. Assaults accounted for 41.5% of nonfatal FA injuries, and unintentional injuries accounted for 43.1%. Approximately 4 of 5 children who sustained a nonfatal, unintentional FA injury were reportedly shot by themselves or by a friend, a relative, or another person known to them. During this period, 5542, or 1.20 per 100 000 (95% CI: 1.17, 1.23), children ≤14 years old died from FA injuries; 1 of every 5 children who were wounded by a firearm gunshot died from that injury. Most FA deaths were violence related, with homicides and suicides constituting 54.7% and 21.9% of these deaths, respectively. For individuals ≤14 years old, the burden of morbidity and mortality associated with FA injuries falls disproportionately on boys, blacks, and children 10 to 14 years old. Both fatal and nonfatal injury rates declined >50% during the study period.

Caution and parental supervision is critical in the pursuit of off-road motorbiking. Each year Tennessee, Mississippi and Arkansas residents are injured by riding accidents. It makes common sense to avoid the avoidable risks,such as known defective products. However, if injuries do happen, an experienced trial lawyer can investigate and advise you accordingly.

March 5, 2009

Dangerous Medicine Warning: The Supremes Favor Consumers

The United States Supreme Court in the case of Wyeth v. Levine, handed down a decision on March 4, 2009, which denied the drug manufacturer's defense that federal regulations completely overruled (preempted) Vermont state injury law claims filed by consumer Diana Levine. Levine, who was a musician, suffered amputation of a part of her arm because of complications from an injection of the medication called Phenergan, which is a common drug used to treat nausea, that was injected into her arm by a method called IV push .

Levine won a verdict after a Vermont jury concluded that the product warnings did not adequately warn medical doctors about the irreversible effect of Phenergan which-if injected in this fashion, can reach the arteries of the human body and can cause gangrene. In the underlying case, the Vermont jury found for Levine and awarded substantial damages, medical expenses, and loss of livelihood compensation. Essentially, her musical career was wiped out, due to partial amputation of her arm. The Vermont Supreme Court affirmed the trial court jury verdict and rejected the drug manufacturer claim that the Food and Drug Administration law and regulations wiped out any state law failure to warn claim.

Justice Stevens said in the majority opinion of the Court:

“If Congress thought state-law suits posed an obstacle to its objectives, it surely would have enacted an express preemption provision at some point during the Food, Drug and Cosmetic Act’s 70 year history…Its silence on the issue, coupled with its certain awareness of the prevalence of state tort litigation, is powerful evidence that Congress did not intend FDA oversight to be the exclusive means of ensuring drug safety and effectiveness.”

The decision of the court was 6-3, with one of the six votes being Justice Clarence Thomas who stated as follows:

“Because such a sweeping approach to pre-emption leads to the illegitimate – and thus, unconstitutional – invalidation of state laws, I can no longer assent to a doctrine that preempts state laws merely because they ‘stand as an obstacle to the accomplishment and execution of the full purposes and objectives’ of federal law.”

sh_067.jpg

This important decision creates a the financial disincentive for a corporation or drug manufacturer by virtue of the power of a jury or judge to penalize a drug manufacturer for negligent or wrongful conduct. I have represented both doctors and injured persons in matters such as these. Some may say that this ruling is quite politically liberal. For me, it stands for the purest form of constitutional conservatism, i.e. the states have a right to regulate conduct within their own borders. This is a victory for the little guy (girl) against huge corporate conglomerates. Bravo.

February 25, 2009

Sealed Food Supply: This May Really Bug You

Have you ever had that queasy feeling that you are being watched? Did it ever occur to you that it might be your snack that has its eyes on you? Having dealt with spoiled food cases in Memphis and West Tennessee for many years, this trial layer has never seen anything like this before. In Tennessee law there is a rule called the Closed Container Doctrine.

This protects a distributor of consumables from liability if the product came into their hands sealed and left the same way. For example, A Memphis consumer opens a soft drink that is still capped and finds a mouse inside. Unless the injured person can prove that what was in the sealed container was somehow the fault of the store owner, the plaintiff would not succeed against the store even though a claim might well exist concerning the manufacturer.. What follows is a video of what may be the most disgusting thing that I have ever seen respecting an adulterated food product.

We have all read and heard about the peanut butter recalls. This story makes on wonder if a bug infested product should be recalled or exterminated. Either way, if you find a product that is full of bugs, worms or other vermin, save the product in a sealed container and the receipt for purchase. The call the Shelby County Health Department. In closing, I think I need to go take something for nausea.

810250_what_is_inside__o_que_tem_dentro.jpg

February 4, 2009

Tennessee Invisible Killer: Carbon Monoxide Injury and Death

Just last week, a West Tennessee family flirted with death by suffocation. This Lake County family, had an improperly vented heater that poured carbon monoxide fumes into their home. Early in my career as a trial lawyer, I handled my first two carbon monoxide death cases. This cause of death is often times connected to either improper venting of a source of this silent killing gas or a heater that inefficiently burns its fuel. Of course, space heaters are not the only potential threats.
Gas water heaters, pool heaters and, for that matter, propane BBQ's can all emit deadly amounts of this odorless, colorless and tasteless gas.

In 2005, two people died from carbon monoxide exposure by running propane buffers, both of which occurred in the workplace. In addition, the Tennessee Department of Health reported that in 2006 there were 11 unintentional deaths due to carbon monoxide poisoning and approximately 150 people who suffered carbon monoxide-related injuries. In 2007, six more people died as a result of carbon monoxide poisoning in Tennessee.

carbon%20mon.jpg

The deaths to which I made reference earlier happened in Paris, Tennessee and at Chucalissa Indian Village (over 30 years ago) which is just south of Memphis. In both cases, the product that was functioning properly became a death machine due to improper venting which resulted in a gas trap which then creates a self-perpetuating problem. In other words, the more CO in a space, the less efficient a heater will be in burning all of its fuel. The by product of this vicious cycle is Carbon Monoxode.This video will help explain why: