Now, it appears that startling new information relating to inappropriate Infuse usage has been discovered. At a national spinal surgeon convention, Dr. Eugene Carragee noted that undisclosed clinical trial data “showed a significantly higher number of cancers in the study group that received Amplify when compared to a control group that received a bone graft as part of a spinal fusion….”

In that same article, Dr. Carragee also noted that Infuse may have been used off-label at higher-than-approved levels, levels possibly higher even than intended for Amplify, resulting in potential cancer risks to recipients.

Medtronic has responded to these claims by forking out $2.5 million to allow Yale researchers to independently analyze the Infuse data. This study has not been released; however, its results will likely provide additional insight into the safety of Infuse.

Insight Pharmaceuticals, LLC of Langhorne, Pa., is recalling one lot (34,092 bottles) of Nostrilla Nasal Decongestant nasal spray to the consumer level, because it may contain the bacteria Burkholderia cepacia.

Burkholderia cepacia may cause serious infection in individuals with a compromised immune system or chronic lung condition (i.e. cystic fibrosis).  However, the possibility of infection is remote in healthy individuals.

Nostrilla Nasal Decongestant, lot #11G075, UPC Code 6373673005, was distributed nationwide through normal retail outlets and pharmacies. The product comes in a 1/2 ounce, plastic bottle marked with lot #11G075 on the label and with an expiration date of 05/2014 stamped on the side. No illnesses have been reported to date in connection with this problem.

The recall was initiated following internal investigations which determined the potential presence of a microbial contaminant that exceeds the product specifications and may consequently result in a subpar product. This contaminant has been found sporadically throughout only the respective manufacturing lot, #11G075.

According to an FDA warning, prolonged use of Actos may cause an increased risk of developing bladder cancer.

The seminar will provide an in-depth look at the FDA’s recent update to its health warning regarding Actos, a Type-2 diabetes drug. Through exploration of Actos’ history, as well as recent studies and regulatory action, the faculty will delve into information and strategies that will help plaintiff lawyers understand how to proceed with current litigation.

Arsenault and his firm have filed several lawsuits on behalf of Actos victims who have developed bladder cancer.

To view the agenda, faculty and to register, visit www.justice.org/actos.

• There may be an increased chance of having bladder cancer when you take pioglitazone.
• You should not take pioglitazone if you are receiving treatment for bladder cancer.
• Tell your doctor right away if you have any of the following symptoms of bladder cancer: blood or red color in urine; urgent need to urinate or pain while urinating; pain in back or lower abdomen.
• Read the Medication Guide you get along with your pioglitazone medicine. It explains the risks associated with the use of pioglitazone.
• Talk to your healthcare professional if you have questions or concerns about pioglitazone medicines.
• Report side effects from the use of pioglitazone medicines to the FDA MedWatch program, using the information in the “Contact Us” box at the bottom of the page.

The pharmaceutical lawyers at Neblett, Beard & Arsenault are investigating a possible class action lawsuit over the link between Actos and bladder cancer.  If you have taken Actos for a year or more and developed bladder cancer, we’d like to hear your story.

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.

A veteran of class action and complex litigation, Arsenault’s firm is actively involved in the pending lawsuits against the makers of the recalled painkillers, and continues to investigate additional claims.

Darvon, Darvocet and other forms of propoxyphene where pulled from the U.S. market by the FDA in November 2010 because of serious, potentially fatal heart-related problems and overdose risks, which were determined to outweighed the drugs’ benefit.

The FDA has determined that the drugs’ benefits do not outweigh the serious risks associated with the medications’ side effects, which include heart rhythm abnormalities. Even when taken at recommended doses by healthy patients, the propoxyphene in Darvon and Darvocet can still cause changes in the electrical activity of the heart that can cause serious problems, including sudden death.

Darvon was first introduced to the US market in 1957. However, concerns over the drug’s serious side effects led consumer group, Public Citizen, to petition the FDA in 1978 and 2006 to remove the drug from the market. Darvon and Darvocet have been banned in the UK since 2005, and were banned in Europe over a year ago. Public Citizen estimates that as many as 1,000-2,000 US deaths have been linked to Darvon and/or Darvocet since the drugs were banned in England over 6 years ago.

Our drug injury lawyers know firsthand the pain and suffering that can be caused by unsafe pharmaceuticals. Our firm represented hundreds of Vioxx victims, and our senior partner, Richard J. Arsenault, played a central role in the national litigation against Merck. We’ve been working hard for victims of dangerous drugs for nearly thirty years, and are currently investigating claims on behalf of victims of Darvon, Darvocet and generic propoxyphene painkillers.

Over 2.8 million Baby Playzone™ Crawl & Cruise Playground™, Baby Playzone™ Crawl & Slide Arcade™, Baby Gymtastics™ Play Wall, Ocean Wonders™ Kick & Crawl™ Aquarium (C3068 and H8094), 1-2-3 Tetherball™ and Bat & Score Goal™ have been recalled due to choking hazards. The plastic valve of the inflatable ball on these toys can come off and pose a choking hazard to young children.The CPSC and Fisher Price have received 54 reports of the valve detaching from the toys, including 14 reports of the valve being found in children’s mouth and 3 reports of children choking on the plastic valve.

About 950,000 high chairs are being recalled due to risk of injury and laceration. The recalled products include Healthy Care, Easy Clean and Close to Me High Chairs. According to the CPSC, the problem with the recalled Fisher Price high chairs is that children can fall on or against the pegs on the rear legs of the high chair, which are used for high chair tray storage. This could result in a child sustaining cuts, scrapes and other injuries from the protruding object. Fisher Price and the CPSC have recieved 14 reports of injuries, including 7 that required stitches and 1 reported injury to a child’s mouth. Recalled models include Healthy Care 79638, 79639, 79640, 79641, B0326, B2105, B2875, C4630, C4632, C5936, G4406, G8659, H0796, H1152, H4864, H7241, K2927 and L1912; Close to Me H8906; and Easy Clean H9178, J4011, J6292 and J8229.

120,000 Fisher-Price Little People Wheelies Stand ‘n Play Rampway products are being recalled in the US and Canada. Fisher Price has received several reports of the wheels detaching from the green and purple cars, which poses a serious choking hazard to small children.The recall involves Little People Wheelies Stand ‘n Play Rampway with model numbers T4261 and V6378.

Over 7 million Fisher Price Trikes and Tough Trikes toddler tricycles are being recalled because of a protruding plastic ignition key, which if a child sits or falls on, can result in serious injuries. Fisher Price has recieved 10 reports of injuries resulting from the protruding key, including 6 reports of little girls needing medical attention for genital bleeding. Recalled models include J72633 Hot Wheels Trike, 72642 Lil’ Kawasaki Trike, 72639 Barbie Free Spirit Trike, 72643 Boys Tough Trike, 72644 Girls Tough Trike, 72792 Kawasaki Trike, B8775 Kawasaki Tough Trike, B8776 Barbie Tough Trike, K6672 Dora the Explorer Tough Trike, K6673 Diego Tough Trike, M5727 Barbie Tough Trike Princess Ride-On, N6021 Kawasaki Tough Trike, T6209 Thomas Tough Trike and V4270 Diego Tough Trike.

The CPSC is urging parents to immediately stop using these products, as they can result in serious injuries to young children. Recalls that affect children’s products are always unsettling.  Parents expect trusted brands to produce and market products that are safe for children and babies.  According to the CPSC, manufacturers should be working harder to build safety into their products, rather than intiaing recalls after injuries are reported.

At Neblett, Beard & Arsenault, our injury attorneys  have represented families whose children and infants have been seriously injured or killed by products that were supposed to be safe.  We  know first hand the sadness and trauma that defective childrens products inflict on a family.  We will continue to monitor this recall closely and post additional updates.

Cadmium had no good effects on human health. High level cadmium levels irritate the stomach leading to vomiting and diarrhea. Ingesting cadmium has also been linked to high blood pressure, iron poor blood, liver, kidney, nerve and brain damage. Breathing cadmium can severly damage the lungs and cause death.

WalMart was finally forced to stop selling the defective products after extensive reporting of the toxic nature of the toys. It appears they continued to sell the products which are specifically marketed to children because of the lucrative sales resulting in big profits. Although the defective toys have been pulled from the shelves, how many children have already been exposed to the toxic cadmium? We need to have better testing and approval procedures BEFORE these imported products reach American consumers.

Consumers are warned not to allow their children to use these products even though the chance of injury was described as “remote” by the company. The inspection revealed some of the products may contain a higher concentration of active ingredient than is specified. Others may contain active ingredients that don’t meet internal testing requirements. Still others may contain tiny particles that were not intended.

Here is a list of the recalled products:

TYLENOL INFANTS’ DROPS-

CONCENTRATED TYLENOL INFANTS’ DROPS 1 OZ. GRAPE FLAVOR
CONCENTRATED TYLENOL INFANTS’ DROPS 0.5 OZ. GRAPE FLAVOR*
CONCENTRATED TYLENOL INFANTS’ DROPS 1 OZ. CHERRY DYE FREE
CONCENTRATED TYLENOL INFANTS’ DROPS 0.5 OZ. CHERRY FLAVOR
CONCENTRATED TYLENOL INFANTS’ DROPS 1 OZ. CHERRY FLAVOR
CONCENTRATED TYLENOL INFANTS’ DROPS 0.5 OZ. GRAPE – HOSPITAL
CONCENTRATED TYLENOL INFANTS’ DROPS 0.25 OZ. GRAPE – SAMPLE

CHILDREN’S TYLENOL SUSPENSIONS-

CHILDREN’S TYLENOL SUSPENSION 2 OZ. CHERRY BLAST FLAVOR
CHILDREN’S TYLENOL SUSPENSION 4 OZ. CHERRY BLAST FLAVOR
CHILDREN’S TYLENOL DYE-FREE SUSPENSION 4 OZ. CHERRY FLAVOR
CHILDREN’S TYLENOL SUSPENSION 4 OZ. GRAPE SPLASH
CHILDREN’S TYLENOL SUSPENSION 4 OZ. BUBBLEGUM FLAVOR
CHILDREN’S TYLENOL SUSPENSION 4 OZ. VERY BERRY STRAWBERRY FLAVOR
CHILDREN’S TYLENOL SUSPENSION 1 OZ. CHERRY BLAST FLAVOR – SAMPLE
CHILDREN’S TYLENOL SUSPENSION 4 OZ. CHERRY BLAST FLAVOR – HOSPITAL

CHILDREN’S TYLENOL PLUS SUSPENSIONS-

CHILDREN’S TYLENOL PLUS SUSPENSION 4 OZ. COUGH & SORE THROAT CHERRY FLAVOR
CHILDREN’S TYLENOL PLUS SUSPENSION 4 OZ. COUGH & RUNNY NOSE CHERRY FLAVOR
CHILDREN’S TYLENOL PLUS DYE-FREE SUSPENSION 4 OZ. COLD & STUFFY NOSE GRAPE FLAVOR
CHILDREN’S TYLENOL PLUS DYE-FREE SUSPENSION 4 OZ. COLD & COUGH GRAPE FLAVOR
CHILDREN’S TYLENOL PLUS DYE-FREE SUSPENSION 4 OZ. MULTI-SYMPTOM COLD GRAPE FLAVOR
CHILDREN’S TYLENOL PLUS SUSPENSION 4 OZ. FLU BUBBLEGUM FLAVOR
CHILDREN’S TYLENOL PLUS SUSPENSION 4 OZ. COLD GRAPE FLAVOR
CHILDREN’S TYLENOL PLUS SUSPENSION 4 OZ. COLD & ALLERGY BUBBLEGUM FLAVOR
CHILDREN’S TYLENOL PLUS SUSPENSION 4 OZ. MULTI-SYMPTOM COLD GRAPE FLAVOR

MOTRIN INFANTS’ DROPS-

CONCENTRATED MOTRIN INFANTS’ DROPS 1 OZ. BERRY DYE FREE
CONCENTRATED MOTRIN INFANTS’ DROPS 0.5 OZ. BERRY DYE FREE
CONCENTRATED MOTRIN INFANTS’ DROPS 0.5 OZ. BERRY FLAVOR*

CHILDREN’S MOTRIN SUSPENSIONS-

CHILDREN’S MOTRIN SUSPENSION 4 OZ. BERRY DYE FREE
CHILDREN’S MOTRIN SUSPENSION 2 OZ. BERRY FLAVOR
CHILDREN’S MOTRIN SUSPENSION 4 OZ. BERRY FLAVOR
CHILDREN’S MOTRIN SUSPENSION 4 OZ. TROPICAL PUNCH FLAVOR
CHILDREN’S MOTRIN SUSPENSION 4 OZ. GRAPE FLAVOR
CHILDREN’S MOTRIN SUSPENSION 4 OZ. BUBBLEGUM FLAVOR
CHILDREN’S MOTRIN SUSPENSION 1 OZ. GRAPE SAMPLE
CHILDREN’S MOTRIN SUSPENSION 1 OZ. BUBBLEGUM SAMPLE
CHILDREN’S MOTRIN SUSPENSION 1 OZ. BERRY SAMPLE
CHILDREN’S MOTRIN SUSPENSION 4 OZ. BERRY HOSPITAL
CHILDREN’S MOTRIN SUSPENSION 4 OZ. COLD BERRY FLAVOR

CHILDREN’S ZYRTEC LIQUIDS IN BOTTLES-

CHILDREN’S ZYRTEC 4 OZ. BUBBLEGUM SYRUP
CHILDREN’S ZYRTEC DYE FREE 4 OZ. GRAPE SYRUP
CHILDREN’S ZYRTEC SUGAR-FREE DYE-FREE 0.5 OZ. GRAPE
CHILDREN’S ZYRTEC SUGAR-FREE DYE-FREE 0.5 OZ. BUBBLEGUM
CHILDREN’S ZYRTEC SUGAR-FREE DYE-FREE 2 X 4 OZ. BUBBLEGUM LIQUID

CHILDREN’S BENADRYL ALLERGY LIQUIDS IN BOTTLES-

CHILDREN’S BENADRYL ALLERGY 4 OZ. BUBBLEGUM FLAVORED LIQUID

With this appointment, Arsenault will now serve in an important role in the litigation against the makers of the over-the-counter cold remedy, Zicam.

The Plaintiffs’ Steering Committee often referred to as the “PSC” will conduct and coordinate the discovery in the Zicam litigation and will act on behalf of all plaintiffs during the pretrial proceedings.

A veteran of class action and complex litigation, Richard J. Arsenault and his partners actively represent victims who have lost their sense of smell after having used Zicam.

The biggest business lobbying group in the nation is the U.S. Chamber of Commerce which spent $47 million on advertising in 2009 to defeat health care reform in addition to $144 million for lobbying. The Chamber plans to spend $50 million in this mid-term election year on candidate-focused ads alone. The proposed legislation forces disclosure of who is funding the ads which will allow voters to better understand who may benefit from the issue. The Court’s decision also invalidated the 2002 campaign finance laws which had the support of only four Republicans. Any new legislation would need the support of 60 Senators to shut off an expected Republican filibuster.

Why should we care? Because the ordinary citizen’s rights may be eroded or eliminated through heavily-funded, corporate-influenced political advertising who can now hide behind their veil of secrecy to promote legislation to their advantage. Pharmaceutical and medical device manufacturers will be able to fund legislation to shield themselves from liability for their defective products. Liability insurance companies can support candidates who will push so-called “tort reform” to limit damages in everything from medical malpractice to punitive damages. Political campaign funding should be transparent so the American public knows who is contributing to a particular campaign and the reasons why they are doing so.

For too long personal injury trial lawyers have been the recipients of a well-funded and well-orchestrated public mis-information campaign by insurance and business interests trying to make the ordinary citizen believe the courts are being inundated with frivilous lawsuits which result in higher insurance premiums. The term “frivilous lawsuit” has become synonymous with that of the “tort reform” ilk also backed by big business interests. The truth is, that most of the litigation in this country is between businesses and insurers suing each other, not innocent victims of auto accidents, medical malpractice, defective products, dangerous drugs and medical devices or drunk drivers trying to get their just compensation for their injuries.

As the editors concluded, there is no compelling legal principle on which the new health care law can be successfully challenged. Neither is there any factual or compelling evidence that frivilous lawsuits are clogging our court system. I was taught not to call anyone a foo,l but The Advocate calls this challenge a “fool’s errand”…and I agree. Just look at the real reason for the governor’s support for the lawsuit: Jindal’s call for campaign contributions to support his campaign for reelection and “to continue the fight for our rights against an overreaching federal government”. Now who’s fooling whom?

The FDA required new manufacturing standards for the blood thinner after the problems were linked to tainted ingredients from China. At the time of the recall, Baxter controlled about half of the entire U.S. market for blood thinners and anticoagulants. Baxter only began a full recall after other drugmakers assured they would be able to provide an adequate national supply.

The key ingredient in Heparin is made from pig intestines and the world’s supply of crude heparin comes from China due to the large number of pigs required. The contaminants were introduced into process in China before the crude heparin was shipped to Baxter in Wisconsin but the company did not detect the contaminants and allowed the product to be sold to American consumers.

Public trust in the safety of drugs and medical products must be safeguarded by rigid manufacturing standards and thorough oversight by the FDA. A key component of ensuring the public trust is the ability of injured consumers to be able to sue the negligent manufacturers. This compensates the innocent victims and forces accountability by the drugmakers.

Corporate giants Philip Morris, Exxon, State Farm, Dow Chemical, Pfizer, Nationwide Insurance, General Electric among others fork over contributions of up to $75,000 each to fund the effort to shut the courthouse door to more and more consumers. Their goal is to gain complete immunity for their negligent acts.

Errors in past annual reports have not deterred the ATRA. In 2005, ATRA was forced to admit they wrongly attacked the state of West Virginia and ranked it as the third worst “hellhole” in America. Despite having to admit to the errors, ATRA refused to change West Virginia’s ranking. West Virginia gradually rose in the rankings despite having passed caps on medical malpractice damages, elimination of third party bad faith, and significantly changed worker’s compensation rules. In 2002, Madison County, Illinois was labeled as one of the worst hellholes in America despite experiencing a sharp decrease in the number of lawsuits filed there. In fact, between 1986 and 2002, only 11 medical malpractice and wrongful death cases had resulted in a verdict- and only four of those verdicts were in favor of the plaintiff.

These type of “reports” along with dissemination of lists of outrageous case results which are total fabrications is simply another tool the insurance, pharma and manufacturing corporations use to cloud the truth about dangerous products and pressure state and federal lawmakers into more and more immunity from their negligent acts. If they had their way, no one would be able to file a wrongful death, defective products or medical malpractice claim. Consumers should be wary of these type of politically-driven publications. Look to see who is actually financially supporting the report and who benefits from any legislation being touted and you’ll discover the truth.