Articles Posted in Products Liability

Topamax is an antiseizure medication manufactured by Ortho-MacNeil Pharmaceutical, a Johnson & Johnson subsidiary. Recently, Ortho-MacNeil pleaded guilty to misdemeanor violation of the Food, Drug & Cosmetic Act, and was fined more than $6,000,000.00 for its misconduct. An Ortho-MacNeil affiliate, Ortho-MacNeil-Janssen Pharmaceuticals, Inc., will also pay more than $75,000,000.00 to resolve civil allegations under the False Claims Act for improper Topamax promotion.

According to an FDA press release entitled “Ortho-MacNeil Pharmaceutical LLC Pleads Guilty To Illegal Promotion of Topamax and Is Sentenced To Criminal Fine of $6.14 Million,” Ortho-MacNeil marketed Topamax for psychiatric uses for which it was not FDA-approved.

“One of the nation’s premier DePuy ASR hip recall conferences was held yesterday in Florida,” said Syracuse New York hip recall lawyer Michael A. Bottar, Esq., of Bottar Law, PLLC. “I flew down to attend the confernce,” Bottar said, “and there were no Upstate New York product liability lawyers in attendance. Not one. How can they advertise on Central New York television that they are competent to prosecute DePuy hip cases and not attend the pre-MDL conference put on by the nation’s most experienced defective product lawyers and with input from the nation’s top experts!?”

Many topics were discussed at the plaintiff-lawyer-only conference, including strategy for the law firms that plan to steer the mass tort litigation. The specifics of the conference are confidential and cannot be discussed here. In general, the conference addressed the recall which we reported in blog posts entitled “DePuy Hip Recall Impacts Syracuse, Utica, and Binghamton New York Hip Implant Patients” and “Syracuse DePuy ASR Hip Recall Lawyers Encourage New York Hip Implant Recipients Not To Sign Medical Release.”

“At this juncture, we are focused on evidence preservation. As clients throughout New York request that Bottar Law, PLLC represent them, we are taking steps to protect explanted devices (i.e., devices that have been removed) and to ensure that records are preserved,” Bottar added. “For sure, these claims should not be ‘quick buck’ cases for the TV personal injury lawyers. There is a very real risk of long-term health consequences from exposure to cobalt and chromium and the research is not there yet on, e.g., cancer, chromosomal damage and immune modulation. We are also concerned about metallosis, aspetic lymphocytic vasculitis associated lesions (ALVAL), and pseudotumors. We need some time to develop the medicine.”

A recent Associated Press news story on CNYcentral.com reports that Boncheff Greenhouses Inc. sold several batches of herbs that may have been contaminated by salmonella. The Canadian company, based in Toronto, may have distributed tainted cilantro, curly parsley, and flat leaf Italian parsley through multiple grocery market chains in several New York municipalities, as well as Erie, Pennsylvania. The herbs were sold during the last two weeks in December of 2010, and Boncheff has offered refunds for customers who return any of the affected packages to their place of purchase. Thankfully, there have been no reported cases of salmonella linked to the herbs.

The threat of salmonella is very real, and while the illness is hazardous to adults, it can be fatal both for children and those with depleted immune systems. Unfortunately, the presence of salmonella has not been removed from all the food we buy from our local grocer, and this news story serves as a reminder that contaminated food makes its way onto store shelves despite the best efforts of companies and regulatory agencies. While you cannot control whether or not you get sick from a defective or contaminated product, you can control what you do if you are sickened or injured. A skilled Syracuse product liability attorney can assess the merits of your foodborne illness case and determine the best course of action. Not every case is compensable under the law, but speaking with a lawyer is the only way to find out if you have any legal recourse.
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The US Consumer Product Safety Commission (CPSC) and Wal-Mart have recently issued a voluntary recall of the Flow Pro, Airtech, Aloha Breeze, and Comfort Essentials 1500 watt electric heaters sold by the retail chain from 2001 – 2009. The CPSC reports that the recall is for approximately 2.2 million heaters that may malfunction in a way that can cause overheating, smoking, burning, melting, and fire. Twenty-one incidents total were reported, with four reported injuries caused by burns and smoke inhalation. While this is a voluntary recall, the CPSC advises that all customers stop use of the heater immediately and take them back to any Wal-Mart store to receive a refund.

The Consumer Product Safety Commission issues hundreds of product recalls every year, and annually many people are injured by those malfunctioning vehicles, tools, and other items. When such injuries are serious enough, the medical bills and property damage can become a significant burden for the victims. The services of a Syracuse product liability lawyer can help you obtain compensation for those damages, so if you were hurt by one of the recalled heaters discussed above or any other product caused you harm, you should consult an attorney today to determine your rights.

To discuss your case or concerns with an experienced personal injury attorney, contact Bottar Law, PLLC at (315) 422-3466, (800) 336-LAWS, or by e-mail at info@bottarleone.com. Our lawyers have successfully represented many others in products liability cases, so call today to see what we can do for you.

A story by the Associated Press on Syracuse.com reports that Chrysler and Volkswagen have announced recalls for several vehicles in response to accidental air bag deployments and possible fuel leak issues. The Chrysler models in question are 2008 model year Town and Country and Dodge Caravan minivans, and the issue is a water leak from the air conditioner drain that may cause unintended air bag deployment. The company reports that over 367,000 vehicles are included in the recall after receiving thirty complaints and five reported injuries due to the issue.

Volkswagen has issued a recall of over 228,000 Golfs, Jettas, Rabbits, and New Beetles built from 2006 – 2010, depending upon the model. The company stated that a plastic tab located on the windshield wiper fluid reservoir may chafe a nearby fuel line and create a leak that could pose a risk of fire in the Golfs, Jettas, and Rabbits in question. The New Beetles have a similar issue caused by a fastening clamp on a power steering hydraulic fluid hose. Unlike the vehicles involved in the Chrysler recall, there have been no reported injuries from Volkswagen’s fuel leak issues.

If you or someone close to you has been injured by one of the cars mentioned above, it is in your interest to consult with a New York product liability and car recall lawyer as soon as possible. An attorney can evaluate the circumstances of your case and determine the viability of your legal claims. Should you have such a claim, a lawyer may be able to help you secure compensation for the injuries you have suffered.
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“Darvocet and Darvon have been recalled,” said Michael A. Bottar, a Syracuse Darvocet recall lawyer with Bottar Law, PLLC, a team of upstate New York product liability attorneys investigating Darvocet and Darvon recall lawsuits.

On November 19, 2010, Xanodyne Pharmaceuticals, Inc., voluntarily recalled Darvocet and Darvon from the U.S. market. “The Food & Drug Administration believes that Darvocet and Darvon, which are brand names for propoxyphene ‘can cause problems with the heart.'” Potential cardiac-related side effects may include hypotension, reduced cardiac output, interruption of electrical impulses and a slowed heart beat. A representative from the FDA recommended that patients taking propoxyphene consult with their physicians and “not use it any longer.” A video released by the FDA can be found here.
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DePuy (pronounced “DePew”) Orthopedics is the manufacturer of several medical devices, including the ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System, which were sold in the United States beginning in 2005. Between 2005 and August 24, 2010 – when DePuy publicly recalled approximately 93,000 devices – the Company and the FDA received numerous complaints about device failures, including dislocation and fracture.

According to Syracuse DePuy hip recall lawyer Michael A. Bottar, Esq., an attorney with Bottar Law, PLLC, a team of trial lawyers handling several New York DePuy defective hip lawsuits, “DePuy has reported that as many as 1 in 8 people (12-13%) who received a DePuy hip replacement device will need a “revision” within five (5) years. A “revision” is a second surgery to remove the DePuy device and replace it with a different product.” According to reports, this revision rate is higher than in similar implants manufactured by DePuy’s competitors.

Bottar added, “[w]e are concerned about the timing of the recall. Apparently, DePuy stopped selling these products in Australia long before the U.S. recall in August of 2010.” We need to know why DePuy thought it prudent to continue implant sales in the United States after it terminated sales elsewhere in the world.

“DePuy will have to answer tough questions in Court.” Our New York product liability lawyers want to know why DePuy did not do more, sooner, especially where its failing metal-on-metal products may lead to metallosis or cobaltism. DePuy hip implant recipients diagnosed with metallosis, or those with a DePuy hip who have been diagnosed with cobaltism may be at risk for health problems.
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According to the upstate New York defective hip lawyers at Bottar Law, PLLC, DePuy Orthopaedic, Inc.’s ASR XL Acetabular and Hip Resurfacing Systems have been recalled due to high revision rates. DePuy announced on August 24, 2010, that it would no longer sell the products in the United States. Patients were encouraged to speak with their surgeons to determine if they need to have the hip removed or “revised.”

We are concerned about patients with a DePuy hip who have been diagnosed with metallosis or cobalt poisoning known as cobaltism. “Prolonged exposure to cobalt may be dangerous,” said Michael A. Bottar, Esq., a Syracuse attorney investigating several New York DePuy hip lawsuits. “We will be filing claims on behalf of patients around New York state who have suffered for years with a painful DePuy hip, and who have had or will need a second surgery to remove the product.”

Amidst the recall, DePuy Orthopaedics, Inc., posted third quarter 2010 sales of $15,000,000,000.00. DePuy is a Johnson & Johnson company. For the same quarter, Johnson & Johnson posted a profit of $3,420,000,000.00. According to reports, implants account for more than 30% of Johnson & Johnson’s total sales.
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