1. Staphaseptic First Aid Antiseptic/Pain Relieving Gel (Tec Laboratories)
2. Safe4Hours Hand Sanitizing Lotion and Safe4Hours First Aid Antiseptic Skin Protectant (JD Nelson and Associates)
3. Dr. Tichenor’s Antiseptic Gel (Dr. G.H. Tichenor Antiseptic Co.)
4. CleanWell All-Natural Foaming Hand Sanitizer, CleanWell All-Natural Hand Sanitizer, CleanWell All-Natural Hand Sanitizing Wipes, and CleanWell All-Natural Antibacterial Foaming Handsoap (Oh So Clean, Inc, doing business as CleanWell Company).

The FDA letters warned each company that their products’ marketing is in breach of federal law and gave them 15 days to correct the violations.

Earlier this year, DePuy Orthpaedics, a division of Johnson & Johnson, initiated a worldwide recall of its ASR hip replacement products because of higher-than-expected failure rates. It has been reported that 1 in 8 patients implanted with the recalled hip systems will have to undergo revision surgery within 5 years. A veteran of complex and class action litigation, Arsenault is a frequent speaker and chair of legal conferences. Arsenault’s firm has filed a lawsuit against Johnson & Johnson DePuy and continues to investigate other claims against the makers of the recalled ASR hip replacement systems.

Name of Product: Siemens and Murray Circuit Breakers, Load Centers and Meter Combos

Units: About 2.2 million

Importer: Siemens Industry Inc., of Alpharetta, Ga.

Hazard: The recalled circuit breakers have a spring clip that can break during normal use, leading to a loss of force to maintain a proper electrical connection in the panelboard. This can lead to excessive temperature, arcing or thermal damage at the connection point, and damage to the panelboard’s electrical insulation and can result in a fire, property damage, or personal injury.

Incidents/Injuries: Siemens has received one report of a circuit breaker spring clip that broke during installation. No injuries have been reported.

Description: This recall involves Siemens and Murray 15 through 50 AMP single and double pole circuit breakers, load centers (circuit breakers that come with an electrical panel), and meter combos (contain a load center and a meter socket). “Siemens” or “Murray,” date codes 0610 or 0710 and the catalog number are printed on a label on the side of the circuit breakers. Date codes between June 2010 through August 2010 are stamped on the inside of the metal box of the load centers and meter combos. The catalog number for the load centers and meter combos is printed on a label inside the metal box door and on the packaging.

Recalled Product: Circuit Breakers
Date Codes: 0610, 0710
Catalog Numbers: Q115, Q120, Q130, Q215, Q230, Q250, MP115, MP115U, MP120, MP130, MP215, MP230, MP230U, MP250

Recalled Product: Load Centers
Date Codes: Jun 23 2010 – Aug 25 2010
Catalog Numbers: G2020B1100CP, G3030B1100CP, G4040B1200CUSGP, LC4040B1200P, G3040B1200CP, G3040L1200CP, G4040B1200CP, G3030B1150CP, W3040B1200CP, G1624L1125CP, W4040B1200CP

Recalled Product: Meter Combo
Date Codes: Jun 23 2010 – Aug 25 2010
Catalog Numbers: JA2040B1200SP

Sold at: The Home Depot, Lowes, other hardware and building supply stores and numerous electrical distributors nationwide from June 2010 through August 2010 for between $2.50 to $235.

Manufactured in: Mexico

A review of past headlines illustrate the vast number of defective products that have caused a multitude of injuries and cost Americans dearly: Bridgestone and Firestone tires, prescription drugs Vioxx, Baycol and Halcion, dietary supplement ephedra, medical devices like Guidant defibrillators, Medtronic pacemaker leads,and  Dalkon Shield; silicon breast implants, asbestos, and tobacco products just to name a few. Litigation has resulted in recalls of numerous products including Ford Pinto and Explorer, Chrysler minivans, baby cribs and strollers and infant car seats, children’s Tylenol, flammable clothing, birth control medication and devices, tainted food products, and the most recent Toyota vehicles causing unintended acceleration just to name a few.

Aviation litigation has resulted in a drastic drop in the number of crashes and deaths involving aircraft. According to the Consumer Federation of America, there has been a dramatic change in the rate of accidental deaths and injuries since the enactment of products liability laws and stiffer regulation. As a result they estimate that approximately 6,000 deaths and millions of injuries have been prevented on an annual basis.

People are powerless to protect themselves against defective products and the harm they cause without these laws and regulation, as well as the courageous attorneys willing to take on the manufacturers. Beware of the political hue and cry for so-called “tort reform” by business interests and insurance companies trying to gut these important safeguards. Those who support such disingenuous political initiatives just may end up being the victim of a dangerous product without legal recourse to compensate them for the resulting injuries.

To me, it all starts with a common sense approach. Typically, I to go to the scene of the accident to get a feel or visual of what the potential client is claiming caused the accident. This could be an intersection in a private parking lot where there are no signs or marking to show who has the right-of-way, it could be parking stops that are not painted, or it could be a failure by an individual or a company to provide adequate warning on products, etc.

I put myself in the shoes of the injured party and go to the scene of the accident and question whether it was reasonable for the person to be injured in the way they claim. I have to firmly believe in a case before I take the case and invest time, energy, and money.

By preventing accidents, individuals avoid needless pain and suffering, medical bills, and a loss of enjoyment of life. It is certainly gratifying to see that as a result of your efforts, changes are being made that will prevent future accidents to someone ranging from small children to elderly patients in a nursing home.

As injury attorneys who have represented thousands of clients injured by defective medical devices and pharmaceuticals, we know the importance of our court system in holding negligent manufacturers responsible. Our regulatory system alone cannot do the work of protecting consumers. The tort system is an important complement to any federal oversight. We call on Congress to pass, and President Obama to sign, the Medical Device Safety Act and to restore the rights of injured patients.

Cases of chronic obstructive pulmonary disease among American service members have risen by eighty percent since 2001. Even Veterans who have not been diagnosed with disease are in danger due to asbestos fibers that may be trapped in their lungs. Mesothelioma, a deadly form of lung cancer, is caused by asbestos fibers and the disease may not show up for as long as thirty or more years.

The problem has not gone unnoticed by Congress and several representatives are working on a bill to address it. Our Foreign Service men and women face the most dangerous of situations fighting for their country risking death every day. The least we can do as a country is to protect them from needless additional risks that can be prevented.

Synthes ran over 200 unauthorized human trials of their bone filler involving patients who underwent one of two spinal procedures, vertebroplasty or kyphoplasty. In these procedures, the cement-like bone filler is injected into spinal fractures. Three patients died during the procedures. The four Synthes executives are now facing criminal charges and possible prison sentences.

Prosecutors allege Synthes knowingly approached doctors to perform the procedures despite a 2002 FDA warning of the risk of generating large blood clots. Even after learning of the deaths, Synthes continued to hold seminars teaching doctors how to perform the procedures and callously chose not to report the deaths to the FDA.

The federal prosecutors should be applauded for taking the unusual step of criminal indictments against these greedy corporate executives who put profit over concern for patient safety. Usually executives only face civil fines and go their merry way with their ill-gotten gains. Perhaps after a few executives are sent to prison there will be a clear message that the safety of medical devices being sold to the public must remain the paramount concern of medical device manufacturers.

We applaud such a responsible step by a corporate citizen like Kroger . . . It is unfortunate that a grocer has to take these efforts, but  it is a part of doing business when there is lax regulatory enforcement, etc.  Hopefully soon grocers and  customers can have more confidence in the products they sell and buy . . . .

The most recent information from the CDC accounts for 70 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint, reported from 30 states (Connecticut and Georgia join the list, while Arkansas is removed). Of the total 70, 41 have been confirmed by an advanced DNA test as having the outbreak-specific strain of E. coli O157:H7. The age range has increased to 65, with 66% of victims under the age of 19, and 75% female. Thirty people have been hospitalized, and seven have developed hemolytic uremic syndrome (HUS). Fortunately, no deaths have yet been reported related to this outbreak.

We’ll continue to report the most up-to-date information on this national E. coli O157:H7 outbreak, so keep checking back for the latest.

Zicam is considered a homeopathic medication and not subject to actual recall or pre-market approval under Bush-era rules. New bills currently in Congress would give the FDA that authority. The Bush administration generally relied on “voluntary” action by drug manufacturers after protracted negotiations.

The new FDA warning letter used language typically describing a recall alert. It stated that Zicam Cold Remedy may pose serious risk to consumers in addition to being misbranded. What’s ironic about the whole thing is this: the products have no proven benefit. Consumers beware!

Nestle Toll House Cookie & Brownie Dough E. Coli 0157:H7 Recall:

COOKIE & BROWNIE DOUGH BAR
Chocolate Chip bar 16.5oz 0 50000 62231 3
Chocolate Chip bar 16.5oz 0 50000 11308 8
Chocolate Chunk bar 16.5oz 0 50000 62235 1
Walnut Chocolate Chip bar 16.5oz 0 50000 62233 7
Jumbo Chocolate Chip bar 16.5oz 0 50000 62237 5
Oatmeal Raisin bar 16.5oz 0 50000 06219 5
Sugar Cookies bar 16.5oz 0 50000 62244 3
Sugar Cookies bar 16.5oz 0 50000 12178 6
Mini Chocolate Chip bar 16.5oz 0 50000 62242 9
Mini Chocolate Chip bar 16.5oz 0 50000 12188 5
Mini Brownie Bites bar 16oz 0 50000 62227 6
Fudgy Brownie With Peanut Butter Filling 19oz 0 50000 00820 9

COOKIE DOUGH TUB
Chocolate Chip tub 40oz 0 50000 62246 7
Chocolate Chip tub 80oz (5 lb) 0 50000 00934 3
Sugar tub 40oz. 0 50000 62253 5
Gingerbread tub 40oz 0 50000 44060 3
Peanut Butter tub 40oz 0 50000 44062 7

TUBE (CHUB) DOUGH
Chocolate Chip tube 16.5oz 0 50000 62239 9
Chocolate Chip tube 32oz 0 50000 00400 3

ULTIMATES COOKIE BAR DOUGH
Ultimates Peanut Butter Cups, Chips & Chocolate Chunks bar 16oz 0 50000 00922 0
Ultimates White Chip Macadamia Nut bar 16oz 0 50000 00923 7
Ultimates Chocolate Chip & Chunks with Pecans bar 16oz 0 50000 00925 1
Ultimates Chocolate Chip Lovers 16oz 0 50000 00926 8
Ultimates Turtles bar 16oz 0 50000 00928 2
Ultimates Peanut Butter Lovers bar 16oz 0 50000 00507 9
Ultimates Chocolate Chip with Caramel Filling bar 16oz 0 50000 44066 5
Ultimates Chocolate Chip with Chocolate Filling bar 16oz 0 50000 44069 6

SEASONAL COOKIE & BROWNIE DOUGH
Valentine Hearts Sugar Cookie Shapes 15.5oz 0 50000 12009 3
Valentine Swirled Chocolate Chip bar 16oz 0 50000 00931 2
Fudgy Brownies With Raspberry Filling 19oz 0 50000 20090 0
Easter Eggs Sugar Cookie Shapes 15.5oz 0 50000 52009 1
Easter Swirled Chocolate Chip bar 16oz 0 50000 00932 9
Easter Swirled Mini Brownie Bites bar 18 oz 0 50000 20093 1
Red, White & Blue Swirled Choc Chip bar 16oz 0 50000 00937 4
Halloween Pumpkin Pals Sugar Cookies 13.5oz 0 50000 06217 1
Halloween Swirled Chocolate Chip bar 16oz 0 50000 00929 9
Halloween Swirled Fudgy Brownies bar 18oz 0 50000 00088 3
Christmas Shapes Sugar Cookies 15.5oz 0 50000 00505 5
Christmas Swirled Chocolate Chip bar 16oz 0 50000 00930 5
Christmas Swirled Fudgy Brownies bar 18oz 0 50000 00089 0
Limited Edition Mint Swirled Chocolate Chip 16oz 0 50000 00827 8

Discontinued Varieties
Valentine Hearts Sugar Cookies 13.5oz 0 50000 44056 6
Easter Brownie Bar 18oz 0 50000 00518 5
Easter Bunnies Sugar Cookies 13.5oz 0 50000 44058 0
Halloween Sugar Shapes 15.5oz 0 50000 00829 2
Christmas Sugar Cookie Tube 16oz 0 50000 00448 5
Oatmeal Cranberry Cookie Tub 48 oz. 0 50000 62229 0

Infection with E. Coli 0157:H7 can lead to a serious, potentially deadly condition, known as hemolytic uremic syndrome (HUS).  HUS is a secondary condition usually caused by E. coli 0157:H7 that destroys red blood cells and causes renal failure. E. Coli 0157:H7 is a particularly virulent strain of the E. Coli bacteria.

Infections with E. Coli 0157:H7 are especially dangerous to children, the elderly and those with compromised immune systems.  E. Coli 0157:H7 can also cause hemolytic uremic syndrome (HUS).

How did this get to be such a large problem for American consumers? Profit. The majority of toys purchased in the U.S. are made in China and paint with higher levels of lead often sells for a third of the cost of paint with low levels.

Lead poisoning is a serious threat to children’s health. After ingestion, lead enters the bloodstream and is absorbed and stored in various tissues and organs, including the liver, kidneys, brain, bones and teeth. High levels of lead causes many different symptoms and can affect almost every organ system of the body. The most common symptoms include vomiting, belly pain, headaches, muscle weakness, seizures, hair loss, confusion and anemia. Even lower lead levels can cause problems with attention, behavior, decrease in IQ and learning difficulties.

Parents who are concerned their children may have toxic leaded toys that made their way onto American shelves can check for the photos and descriptions of recalled toys at http://www.cpsc.gov or call 1-800-638-2772.

The pros and cons of this issue was recently debated by the Oregon state senate. Their proposed bill would extend the legal prescription period in product liability claims to 10 years from the date the product was purchased. An additional provision, perhaps more importantly, gives the victim the choice of applying the statute of limitations of the state where the product was manufactured.

The bill will now go to the Oregon House of Representatives for consideration.

Perhaps consumer advocates and concerned voters in each state should pressure their individual legislature to ensure that their citizens are not left holding the bag by a shorter and more restrictive statute of limitations than those of their sister states.

The legislation would give the FDA the authority to regulate cigarettes and other tobacco products.  Say what?  An agency that is already underfunded and understaffed is getting more responsibility?

In theory, regulating the tobacco industry sounds like a good idea.  The agency would be able to regulate the contents of tobacco products, make their ingredients public, prohibit flavoring, require much larger warning labels and strictly control or prohibit marketing campaigns, especially those geared toward children.

However, I’m not so sure the FDA is ready to take on new responsibilities.  The underfunded structure and oversight ability of the current FDA needs drastic change. There have been too many defective drugs and medical devices, tainted food and dangerous toys allowed to enter the marketplace.

After all of the tainted pistachio, peanut butter, lettuce and pepper scares, some in Congress think a separate food agency is necessary. If the FDA is given additional oversight over tobacco, their workload will only increase.  Congress needs to adequately fund and staff the FDA before dolling out new responsibilities.