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.

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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.

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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!

May 2, 2010

Life Solutions: A Less Than Perfect Storm

The wail of emergency sirens has split the silence of the early evening air. Families try to go about their bedtime routines as thunder and lightning roar through Shelby County. Sleep is a rare commodity for parents and children alike. Similar to some nightmarish Christmas Eve where instead of images of sugar plums dancing in our heads, we see Elvira go swirling through the Kansas skies caught up in a funnel cloud.

This Spring has brought a frightening mix of wind and water to the Mid South. The result has been a life altering combination of personal injury, property damages and thoughts of steps to be taken to prevent these calamities in the future. The old saying is more true now than ever: every one complain about the weather but no one does anything about it. However, we can become better prepared to deal with the less than perfect storm.

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The Federal Emergency Management Agency has may resources to help us not only deal with but to prepare for natural disasters. Floods happen. Hurricanes happen. Dams break. the list goes on and on. Please take a moment to review the link that is copied above and also please follow it for appropriate advice to fit your needs.

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.

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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:

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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.

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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.

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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.

February 15, 2009

Dangerous Rentals: Landlord's Duty Of Reasonable Protection

Memphis Trial lawyers, as well as, Tennessee trial lawyers face both the civil law and criminal law results of violent crime. Not only do the victims of such events seek legal counsel, but if the property where the violent crime happens is a leased apartment, for example, then the owner of this premises may have severe legal consequences too. Usually, liability for injuries of this type boils down to a question of "foreseeability".

For example, on March 7, 2002, at approximately 11:45 a.m., L.C. Miller, a tenant in Jefferson Square,one of several public housing projects owned by the Memphis Housing Authority (“MHA”), argued with the housing project’s security guard, fired shots in the direction of his office, and struck and killed Charles Cornelius Brown, Sr., another tenant at the facility who happened to be in the office area at that time. Brown was not involved in the argument. Miller was subsequently shot by the security guard, who was an employee of Scruggs Security and Patrol, LLC (“Scruggs”), a private company which provided security at the facility at the time of the shooting. A wrongful death lawsuit followed against the MHA and the guard company.

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The trial court held that neither the internal policies of MHA nor the contents of the criminal background check of Miller created any duty to the Plaintiffs under these circumstances. Moreover,after observing that a policy excluding those with prior records(from renting) would result in “a massive underclass of ex-convicts homeless due to an inability to find housing,” the trial court rejected the Plaintiffs’ argument that there was an affirmative duty on the part of MHA to conduct a criminal background check on prospective residents.

The Court of Appeals affirmed the dismissal in favor of MHA, holding that “an isolated violent outburst by . . . Miller was [in]sufficient to notify MHA that criminal acts against its tenants were reasonably foreseeable, either generally or at some particular time” and, in consequence, insufficient to give rise to a duty (on the part of MHA) in these circumstances.

The Tennessee Supreme Court granted permission to appeal. They noted, that the landlord and tenant qualify as having a special relationship. Further, violence in a housing project is, generally speaking, foreseeable. Poverty is common in such areas. In consequence, precautions are warranted. The Court found that the record establishes that MHA, aware of this potential danger, took some measures to guard against violence. In 1996, criminal background checks extending over a period of three years, a credit history report, and a home visit were warranted for a variety of reasons, including safety. The question, of course, is whether MHA, with some general knowledge of criminal activity within its housing complexes and a particular knowledge of Miller’s altercation with another tenant four years earlier, could have reasonably foreseen the probability of a violent act. We think so.Giggers v. MHA case opinion.

In order to guard against becoming a victim, the following video will provide some important information:



Violence & Street Crime: Violent Crime Safety

January 22, 2009

Memphis School Kid Pedestrians: Owed Due Care

Each year Memphis trial lawyers deal with children who are maimed or killed by the single most dangerous machine in Tennessee: the automobile. Our personal injury law firm recently represented a family whose young son was struck by a car which resulted in the young man being thrown over 30 feet into the air before he landed near the middle of Lamar. The Memphis driver was an elderly gentleman who simply failed to see the boy crossing the street.

According to the National Highway Traffic Safety Administration (NHTSA) there were 4,749 pedestrian fatalities in 2003 in our county. The 0-14 age group accounted for390 (8 percent) of those fatalities, and 65 percent of the pedestrian fatalities in this age group were males.In addition to the pedestrians under 15 years old who died, 17,000 were injured in motor vehicle crashes. These young pedestrians accounted for 24 percent of the total pedestrians injured in motor vehicle crashes in 2003.Almost one-fifth (18 percent) of the traffic fatalities in the 0-14 year age group were pedestrians.

During the same time period, according to the MPD, our local situation was no better:
Memphis fatal accident list for 2003:

* Fatal accident count: 80
* Vehicles involved in fatal accidents: 128
* Fatal accidents caused by drunken drivers: 3
* Fatalities: 90
* Persons involved in fatal accidents: 225
* Pedestrians involved in fatal accidents: 27

In the face of these findings, Memphians continue to fly through school zones as though our children's lives did not hang in the balance.

We hope that your children remain safe and secure going to and from school. However, it is the parents who owe a duty of reasonable care to the children. If this duty is not met, make sure that your child's rights are protected.

December 26, 2008

Hallmark Santa Globe Recalled: Memphis Fire Hazard

Instead of coming down the Memphis chimney and dodging the flames, this Santa can set fire to your West Tennessee home. Hallmark stores in the Memphis area are possibly among those stores that sold this item since November of 2008. Apparently, the materials that this decoration is composed of can act like a huge magnifying glass. If the sun hits the Globe just right, it can ignite anything that is burnable that happens to be nearby. The only reason that we should want to call our friendly neighborhood trial lawyer during this joyous season should be to invite him or her over to our homes for dinner or a beverage.

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This seemingly innocent Christmas decoration is a potential threat to Memphians and our neighbors. Take a moment to check around the Christmas tree. Are the extension cords warm to the touch? Does the tree seem dry and brittle? A few moments of caution can save your tears of joy from being changed into tears of horror.

This message brings with it a holiday greeting from our family to yours for a safe holiday season. May 2009 bring with it peace and prosperity to all.

December 22, 2008

Memphis Space Heater Fires: Trial Lawyer Update

You may recall that just last week I blogged about a daycare fire and its connection to the dangers of space heaters. Time and again, Tennessee trial attorneys are called upon to deal with the aftermath of fire disasters that are brought about by falling temperatures and these potentially dangerous products. Just today there has been a house fire in the Cooper-Young neighborhood. Story.jpg. To further highlight the importance of precautions, another house fire that is suspected to have been caused by a space heater happened yesterday, as well.

Please remember that as the holiday season progresses, you can save your own life and the lives of your loved ones too. Just be sure that there is a three foot safety zone around your space heater. Don't allow anything that can burn in that area and be sure that if something is tipped over, say a rack of clothes drying, that it will not fall onto the heater. Happy and safe holidays to everyone.


December 19, 2008

Memphis Medication: Driving Drugged & Deadly

Even Memphis trial lawyers catch the common cold. Hard to imagine, I know but it does happen. Today, when the bug bit me I grabbed my trusty bottle of "Grandma's Snake Venom Elixer" and glugged down a few slugs. Shortly thereafter, a warm glow began to spread from my toes to my eyebrows. During this time of year, Tennesseans are plagued by many annoying but rarely fatal conditions and most of us never think of the consequences of our over the counter (OTC) medications. Of course, this doesn't even take into account the interaction of prescription drugs with these preparations.

It is staggering to contemplate how many of our neighbors in the Mid South are at risk for driving problems resulting from this issue:

Consumer behaviors, beliefs, and attitudes provide context to the opportunities and challenges surrounding the selection, use, and monitoring of nonprescription drugs. Consumers have confidence in nonprescription drugs. A survey by the National Council for Patient Information and Education revealed that 92% of consumers considered nonprescription drugs effective and 83% of consumers considered them safe. In the same survey, 73% of consumers reported they preferred to treat symptoms themselves with nonprescription drugs. Of adults, 38% reported a higher degree of nonprescription drug use now than 2 years ago. In a National Consumer League survey, only 16% of consumers reported reading the nonprescription drug label completely and 10% of surveyed consumers indicated that they did not read the label at all before taking nonprescription drugs. Further, 44% of 4,300 adults exceeded the recommended dose of nonprescription pain relievers.
Sources: Uses and Attitudes About Taking Over-the-Counter Medicines: Findings of a 2003 National Opinion Survey. National Council of Patient Information and Education. Bethesda, MD, 2003. Available at: http://www.bemedwise.org/survey/summary_survey_findings.pdf Accessed November 29, 2006; Attitudes and Beliefs About the Use of Over-the-Counter Medicines: A Dose of Reality. Executive Summary. National Council on Patient Information and Education. Bethesda, MD, 2003. Available at: http://www.bemedwise.org/survey/final_survey.pdf Accessed November 29, 2006.

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Having looked at the numbers, it is clear that using nonprescription medications is something that most of us do. Now, consider what can happen when "Snake Venom Elixer" is mixed with prescription drugs, other nonprescription drugs or alcohol.

When faced with an emergency situation, one has but a split second to respond. Darting children, or avoiding an impaired driver, or a puppy in the roadway, is challenging all by itself. But when you add to the mix, a substance or substances that slow your reaction time then you have a recipe for disaster. For those of you who may be interested, this link will allow you to test your reaction time both before and after being medicated. I am sure that you will find the results interesting, if not frightening. Reaction Time Test.