Civil Justice System Spurs Auto Safety Innovation

Lori Andrus and Jennie Anderson, both active members of the American Association for Justice (”AAJ”), support AAJ’s efforts to make vehicles safer.  A new AAJ report shows how design defect litigation has led to safer vehicles.  The AAJ press release reads:

Washington D.C.—As the fallout from Toyota’s sudden acceleration fiasco continues, a new report released today by the American Association for Justice (AAJ) illustrates how similar vehicle design defects, when brought to light by the civil justice system, have spurred innovations in auto safety.

The report explains that since the 1960s, design defect litigation has enforced safety standards, revealed previously concealed defects and regulatory weaknesses, and deterred manufacturers from cutting corners on safety for the goal of greater profits.

“Runaway Toyotas may be front-and-center today, but unfortunately, this scenario has been repeating itself for decades,” said AAJ President Anthony Tarricone. “And if history is any judge, the litigation brought against Toyota will inevitably make the company more responsible and responsive to problems, and ultimately safer for consumers.”

For example, auto safety litigation was critical in forcing American manufacturers to install safer power window controls following multiple deaths of children. While a Texas mother spoke with her husband through the driver’s side window of a Ford F-150, her three-year old daughter leaned out of the passenger’s side window and accidentally hit the “rocker” style switch, causing the window to close and strangling the child to death.

Manufacturers were well aware of the risks of rocker switches inadvertently closing if a child leaned on one (in 2004, seven children died in the span of three months) and even installed safer “pull-up” switches in the cars they offered to foreign markets. But it took litigation for manufacturers to install safer switches in domestic cars, since the National Highway Traffic Safety Administration had no rules governing power window safety.

Other safety improvements included in the report that were promoted by the civil justice system include life-saving repairs to vehicle gas tanks, seat belts, side impact design, roof strength, tires, electronic stability control, door latches, air bags, power windows and seats.

Click here to download the report, entitled “Driven to Safety: How Litigation Has Spurred Auto Safety Innovations.”

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As the world’s largest trial bar, the American Association for Justice (formerly known as the Association of Trial Lawyers of America) works to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others—even when it means taking on the most powerful corporations. Visit http://www.justice.org/newsroom.

The New York Times Investigates Reported Side Effects of Yaz/Yasmin Birth Control Pills

On September 25, 2009, The New York Times published an article entitled Health Concerns Over Popular Contraceptives, exploring reported side effects associated with the popular birth control pills, Yaz and Yasmin.  Reported side effects of Yaz and Yasmin include blood clots (including deep vein thrombosis and pulmonary embolism), gallbladder disease, heart attack, stroke, kidney failure, liver failure or cardiac arrhythmia.  The primary concern with Yasmin and Yaz is that the active ingredient, drospirenone, increases potassium in the blood to dangerous levels. 

AA LLP represents women who have suffered one or more of the above-listed events after taking Yasmin or Yaz birth control.  For more information on the potential dangers of Yasmin and Yaz, or to have your case evaluated by an AA LLP attorney, please click here.

Yasmin/Yaz Manufacturer Warned by FDA

The U.S. Food and Drug Administration (FDA) has warned the makers of Yasmin and Yaz birth control drugs about problems concerning the testing and quality of the pharmaceutical ingredients in the drugs.  This, after repeated warnings by the federal government to Bayer (and its predecessor Berlex) for improperly marketing its birth control drugs in a manner that overstates the drugs’ benefits and downplays the very serious, and potentially fatal, side effects of the drug.

In a letter released on September 15, 2009, the FDA warned Bayer about the quality control and testing problems relating to the key ingredient in Yasmin and Yaz, drospirenone.  Click here to view the letter.

The warning followed an inspection, conducted in March, of the Yasmin manufacturing plant in Berghamen, Germany that “revealed significant deviations from U.S. current good manufacturing practices (CGMP) in the manufacture of non-sterile APIs [Active Pharmaceutical Ingredients].”  Bayer has thirty days to respond to the warning.

Andrus Anderson LLP is representing women who have been harmed by Yasmin and Yaz, including those who have suffered: gall bladder disease, heart attack, stroke, cardiac arrhythmias, pulmonary embolism (PE), deep vein thrombosis (DVT), liver failure and kidney failure.  The primary concern with Yasmin and Yaz is that the active ingredient, drospirenone, increases potassium in the blood to dangerous levels.  A prominent consumer advocacy group, Public Citizen, listed Yasmin as a “Do Not Use” drug in 2002, because:

*Yasmin side effects caused by drospirenone increase blood levels of potassium, which could result in heart problems and other health concerns; and

* There is no evidence that the drug is superior to old contraceptives or that the benefits outweigh the risk of Yasmin dangers.

For more information on the potential dangers of Yasmin and Yaz, or to speak to an attorney, please contact Andrus Anderson LLP by clicking here.

Andrus Anderson Investigating Hydroxycut Injuries

Andrus Anderson LLP is investigating potential cases involving users of Hydroxycut® products who have experienced health problems that may include Rhabdomyolysis (muscle damage that can lead to kidney failure and other health problems), death, cardiovascular symptoms, hypertension, elevated liver enzymes (that can indicate liver failure), kidney failure and seizures.

If you would like to discuss Hydroxycut® cases, associate with us or refer cases to us, please contact attorney Lori Andrus at lori@andrusanderson.com.

Supplement Recall

On May 1, 2009, the FDA issued a consumer advisory that warned consumers to stop using Hydroxycut® products immediately, citing 23 reports of serious health problems and one reported death associated with use of Hydroxycut® products.  Reports of liver damage involved individuals taking the label’s recommended dosage.  Hydroxycut® products are distributed by Iovate Health Sciences USA Inc.  Iovate initiated a voluntary recall when it became aware that the FDA’s safety assessment differed from its own analysis.

Although the reports of serious health problems do not apply to all Hydroxycut® products, Iovate has issued a recall for the following 14 items:

*    Hydroxycut Regular Rapid Release Caplets
*    Hydroxycut Caffeine-Free Rapid Release Caplets
*    Hydroxycut Hardcore Liquid Caplets
*    Hydroxycut Max Liquid Caplets
*    Hydroxycut Regular Drink Packets
*    Hydroxycut Caffeine-Free Drink Packets
*    Hydroxycut Hardcore Drink Packets (Ignition Stix)
*    Hydroxycut Max Drink Packets
*    Hydroxycut Liquid Shots
*    Hydroxycut Hardcore RTDs (Ready-to-Drink)
*    Hydroxycut Max Aqua Shed
*    Hydroxycut 24
*    Hydroxycut Carb Control
*    Hydroxycut Natural

Supplement History

Hydroxycut® products are heavily advertised dietary supplements, energy enhancers and fat burners that are widely distributed and, according to the FDA, sold more than 9 million items in 2008.  Although Hydroxycut® products contain a variety of ingredients and herbal extracts, the FDA has not identified the ingredients, dosages or other health-related factors that may be associated with an increased risk of liver damage and other health problems.

Related Injuries

Symptoms of liver damage and other health problems associated with Hydroxycut® use may include:

*    Jaundice (yellowing of skin or whites of the eyes)
*    Brown urine
*    Light-colored stools
*    Nausea or vomiting
*    Excessive fatigue and weakness
*    Stomach or abdominal pain
*    Itching
*    Loss of appetite

As the manufacturer of dietary supplements, Iovate is required by the Dietary Supplement Health and Education Act of 1994 to ensure product safety before placing it on the market, but the product does not undergo FDA approval.  Once a product is on the market, the manufacturer must report adverse events to the FDA within 15 days.

FDA Warns Of Risk Of Complications From Transvaginal Placement of Surgical Mesh

If you or a loved one was treated for stress urinary incontinence or pelvic organ prolapse with surgery that involved the transvaginal placement of surgical mesh, you may be at risk of developing serious medical complications. An estimated 1,000 women in the United States have suffered serious injuries and complications following the surgical procedures in recent years, prompting the U.S. Food and Drug Administration to issue a public advisory about nine brands of surgical mesh.

Women who were injured by the use of transvaginal placement surgical mesh in surgeries to repair damage done by stress urinary incontinence or pelvic organ prolapse may have rights to financial compensation. Complications commonly associated with this type of surgical product include infection, pain, and perforation of the bowel, bladder, and blood vessels. The experienced attorneys at Andrus Anderson LLP are dedicated to fighting for victims of surgical mesh to receive the financial compensation to which they are entitled.

FDA Warning

In October 2008, the FDA issued a public health warning to warn consumers about the risks of complication from the transvaginal placement of surgical mesh. Although rare, the complications pose serious health risks to women. The FDA recommended that physicians receive additional training in the use of the products and give more information to patients about the mesh in an effort to reduce injuries and complications.

When is the Transvaginal Placement of Surgical Mesh Used?

The transvaginal placement of surgical mesh is most commonly used in surgical mesh used to treat stress urinary incontinence and pelvic organ prolapse. The mesh is placed along the vaginal wall to protect the area and is designed to be left permanently inside the body.

Vaginal Mesh Injuries

Women injured by the transvaginal placement of surgical mesh may suffer a wide range of injuries, including infection, bladder pain, urinary problems, and a recurrence of the condition for which the surgery was done. There have also been reports of bowel, bladder, and blood vessel perforation during insertion of the mesh and of vaginal scarring and mesh erosion.

U.S. Supreme Court Upholds Consumers’ Rights In State Courts

Andrus Anderson LLP lauds a decision by the U.S. Supreme Court in Altria v. Good to deny immunity for cigarette manufacturers who violate state consumer protection laws with false claims of lowered tar and nicotine.

Partner Lori Andrus agrees with the statement issued by the America Association for Justice (www.justice.org): “Today’s decision is a victory for consumers and affirms that cigarette manufacturers cannot claim immunity from consumer fraud when they claim their products have lowered tar and nicotine levels, even though they do not. State laws have an important role to play in helping the federal government police false claims, and today’s decision supports that role.”

“We hope that the court continues to look at claims of corporate immunity from the perspective of consumer health and safety and continues to support the rights of consumers to get justice through the courts.”

To view the full Supreme Court opinion, click here.

Get Out of Jail Free: How the Bush Administration Helps Corporations Escape Accountability

The United States Supreme Court and Congress are currently facing critical issues that—depending on how they are resolved—could provide negligent corporations complete immunity from lawsuits.

It’s called “federal preemption,” and it refers to situations in which federal regulation trumps state law. And, perhaps most surprising, Americans and many policymakers have never heard of it. When viewed through the context of unsafe products, preemption of state law means complete immunity from lawsuits for corporations and a full escape from accountability when they have knowingly injured and endangered Americans. The civil justice system offers corporations a powerful incentive to make their products safer. All people should have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others—even when it means taking on the most powerful corporations.

The American Assocation for Justice recently released a series of documents that detail how helping negligent corporations escape accountability has been a top priority for the Bush Administration. The documents were obtained through repeated Freedom of Information Act requests by AAJ and reveal how the Bush Administration has silently ordered federal agencies to usurp state law and consumer protections.

You can obtain a copy of the AAJ report (titled “Get Out of Jail Free: A Historical Perspective of How the Bush Administration Helps Corporations Escape Accountability”) by clicking here.