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Beware of Injurious Consumer Products, especially, Children’s Toys

Posted by on Mar 26, 2017 in Consumer Products, Uncategorized | 0 comments

The leading causes of unintentional injuries and deaths among children in the U.S., as reported by the Centers for Disease Control and Prevention (CDC), are falls, drowning, burns, poisoning and motor vehicle accidents (which tops the list). Each year, more than 12,000 children die and at least 9.2 million are injured due to these causes. Equally dangerous as these causes are the many different products that people stuff in their homes. And it cannot be denied that so many of the different things that Americans purchase can be a possible source of severe injuries or even death. The thousands of injuries and deaths caused by these products can also be verified through the records of the U.S. Consumer Product Safety Commission (CPSC). These products include home furniture and décor, tools, children’s outdoor activity equipment, sports equipment, inflatable amusements, nursery products and children’s toys.

From 2007 to 2010, millions of toys were recalled by the CPSC due to the dangers that these presented, like sharp edges that can cause lacerations, small parts that are considered choking hazards, and toxic substances and chemical contents that exceeded federal limits. The CPSC is charged with enforcing toy safety standards laws, laws that set the guidelines on: the required sizes of children’s toys; the inaccessibility of the toys’ batteries and magnets to small children; noise and toxicity limits; and, the display of labels containing the possible risks of choking hazards.

Unlike food, toy labels do not include the materials the toy was made from, and there is no definite law that requires manufacturers, whether local and foreign, to put on toys’ labels information regarding any possible harmful elements. Consumers, therefore, are left without any clue about the actual safety of the products that they buy (everyone, of course, assumes that all products made available in stores are totally safe).

All individuals have the legal and moral responsibility to act in ways that will never endanger another. Yet, in spite of the necessity to act responsibly and the existence of certain laws that are intended should keep everyone, especially children, from getting injured either through accidents or through the use of consumer products, injurious accidents and products still continue to harm many children.

The Benton Law Firm informs the family of a child, who has been injured in an accident or due to the use of a harmful toy, of its legal right to file a lawsuit against the responsible party. So many accidents occur and defective products continue to be manufactured and sold due to the grave negligence of some individuals. Before pursuing a legal action, however, it may be wiser to seek the help of a seasoned personal injury lawyer who will see to it that all the documents required in the lawsuit are intact, and that the child’s and his/her family’s rights and interests are very well defended.

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Defective Hip Implants

Posted by on Feb 1, 2017 in Uncategorized | 0 comments

People with a severely damaged hip joint can be mobile and active again with the Rejuvenate Modular Hip Neck and Stem or the ABG II Modular Neck and Stem from Stryker Corp. or with the DePuy ASR XL Acetabular metal-on-metal hip replacement from Johnson & Johnson. Being the first orthopedic company in the U.S., DePuy Orthopaedics has become a trusted name, even maintaining leadership in the hip replacement business for more than 4 decades. Though, its product entered the U.S. market only in 2005, the year it was cleared by the US Food and Drug Administration (FDA) for distribution, it still came out four years ahead of Stryker Corp.’s prosthetic implants, which the FDA approved in 2009 to treat people with a fractured hip.

Damaged hip joints that cause persistent pain and which made everyday activities so much harder to accomplish need to be replaced with an artificial joint, also known as prosthesis. Prosthetics are made either from metal alloy or ceramic. These have been used in hip replacement surgery, which has been a medical practice since the 1960s. Hip replacement surgery is intended to improve a person’s quality of life by relieving him/her of the pain due to damaged hip, as well as improving the function of his/her hip and ability to move around.

The Rejuvenate Modular Neck Stem Hip served as a substantial equivalent of the already available Wright Medical Profemur Hip Implant Replacement, thus, the FDA accepted it under its 510(k) process and so, approved it without the thorough pre-market testing and research requirement mandated of new products.

The major difference,and advantage these Stryker products had was their capability to minimize bone stress and provide greater stability which were made possible by the six stems and 16 necks (of the Rejuvenate hip) and the 10 modular necks, eight left stems and eight right stems (of the ABG II system). Thus, compared to the one-piece neck and stem (known as the monoblock design) of other hip implant systems, the Rejuvenate and the ABG II gave surgeons much more flexibility in custom-fitting these prosthetic implants into patients.

With its titanium alloy blend, which is a mixture of iron, zirconium, molybdenum and titanium, Stryker was also able to claim and assure corrosion and fretting resistance, a case wherein metal particles would flake off and mix into the blood. However, these claims were proven false as post-market data showed proofs of corrosion and fretting in patients who had the device implanted in them. Aside from this the release of toxic metals, loosening of the implant and other side effects (which require corrective surgery) were linked to the device – the reason behind the many lawsuits filed against Stryker Corp.

In the case of Johnson & Johnson’s DePuy ASR XL Acetabular metal-on-metal hip replacement, about 400 complaints reached the FDA beginning in 2008, concerning required revision surgeries on patients, who received the DePuy ASR hip replacement. The problem , however, was, even if the defective device was replaced, it was very possible that it has already left dangerous, even deadly fragments inside the body. Other DePuy hip implant problems included fracture of the bone, component misalignment, loosening components, metal sensitivity, dislocation, pain, bone staining, nerve, muscle and tissue damage, increased levels of metal ion in the blood, infection, swelling and necrosis (or tissue death).

Due to complaints, DePuy Orthopaedics, Inc. issued a recall on its product on August 24, 2010, more than a year before the first lawsuit was filed against the company. However, with more than a million patients worldwide having received the DePuy hip implant, more lawsuits are expected to be filed.

For the Stryker product, Stryker Corp. voluntarily recalled its Rejuvenate in July 2012 after hundreds of lawsuits were a filed against it.

According to the law firm Habush Habush & Rottier, “Some of the signs of trouble with a defective implant include swelling, pain, and difficulty walking. Persistent symptoms can signal a loose implant, fracture of the bone around the implant, or dislocation of the implant’s ball and socket. In addition, due to poor design in some hip implants, microscopic chromium and cobalt shards can enter the blood stream due to metal on metal contact. It is possible to have elevated chromium and cobalt levels with no symptoms, so you should follow up with your physician even if you are not having symptoms.”

Patients who have been implanted with the DePuy ASR XL Acetabular Syste, the Stryker Hip Implants or the Zimmer Durom Cumay probably need to undergo medical test just to make sure they are safe from the harmful effects linked to any of the devices mentioned above. In case of possible harm, it may be wise for affected patients to get in touch with a personal injury lawyer immediately who may be able to help them understand more their legal rights and options.

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The FDA, the National Institutes of Health (NIH) and Various Clinical Studies have Findings about Belladonna that are Contrary to Hyland’s Statement

Posted by on Oct 27, 2016 in Hyland's Teething Tablet Lawsuit | 0 comments

The U.S. Food and Drug Administration (FDA) released a consumer warning in September of 2016, regarding the use of Hyland’s homeopathic teething gel and tablets. In the warning, the FDA warned parents to stop using the homeopathic teething products in treating their babies’ pain, due to the 400 cases of adverse events (seizures, fevers and vomiting) and 10 infant deaths which may be connected to the use of Hyland’s products; the warning also advised parents to dispose of all teething products that may still be in their possession. Besides the FDA, the the American Academy of Pediatrics’ HealthyChildren.org also cautioned parents to keep away from teething tablets that contain belladonna and gels that contain benzocaine.

In 2010, six years before this advisory, a similar warning was released by the FDA. However, aside from warning consumers of the possible risk that Hyland’s Teething Tablets pose in children, the FDA also said that its laboratory analysis found that the teething tablets contain inconsistent amounts of belladonna. This finding is contrary to Hyland’s claim that its homeopathic teething tablets contain only a small amount of belladonna.

Belladonna, also called devil’s cherry or deadly nightshade, comes from the belladonna plant which, though poisonous, has been used as a medicine for hundreds of years. Its medicinal properties have also made it an active ingredient in numerous homeopathic medications, including Hyland’s Teething products.

The FDA, the National Institutes of Health (NIH) and various clinical studies, however, all say that there is not enough evidence that will prove that Belladonna is effective for any of the uses printed on its product label. Instead of stating that it is effective, the FDA rather says that large doses of medications, specifically teething products, which contain this drug can be fatal, especially to babies.

Hyland’s Inc.’s teething tablets are intended to provide temporary relief from teething discomfort, including simple restlessness and wakeful irritability. Their safety and effectivity are continuously affirmed by Hyland’s despite the two warnings already issued by the FDA and the adverse cases reported to the same government agency. In the light of these warnings and reports, by the way, Hyland’s has decided to discontinue distribution of its teething products.

Many websites, such as that of Williams Kherkher with address, http://www.williamskherkher.com/practice-areas/defective-pharmaceuticals/hyland-teething-tablet-lawsuit/, provide helpful information about teething tablet which you and all other parents will surely be interested to know. The site also talks about teething tablet lawsuit, symptoms of teething tablet toxicity and what to do, especially if you notice any of the symptoms of belladonna poisoning being displayed by your baby.

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Understanding The Goals of Pre-Employment Testing

Posted by on Aug 11, 2016 in Workplace Testing | 0 comments

Every employer desires to have the most qualified candidate fill up job vacancies. Selecting the right candidate for a certain position can be a daunting task. Fortunately, there are pre-employment tests that they can use to effectively screen and select the right candidate for the job. It is critical for a company to find the right candidate right away as it could mean wasted money and time.

Pre-employment testing can provide a wide range of benefits for businesses. It helps decrease employee turnover and boost morale. According to a survey by the American Management Association, 9 out of 10 firms that test job applicants will not hire them when pre-employment testing reveals deficiencies in basic skills. Pre-employment testing can be instrumental in helping a hiring personnel assess prior learning, performance potential, and available talent of a prospective employee.

Today, employers use a wide range of pre-employment tests to fill up job positions. There are personality tests, intelligence/aptitude tests, drug test, and others. Currently, the most popular is functional employment testing. The kind of test that will be administered will depend on the kind of job that will be filled.

While pre-employment exams are used to screen for the right candidate, employers must never use them to discriminate the job applicant. There is a plethora of laws that sets the manner of administering these tests. Any violation of these laws may subject the employer to severe penalties. Likewise, test results should not be the sole criteria for selecting candidates. More importantly, they should be in compliance with Federal, state, or local EEO laws.

Pre-employment testing helps companies ensure that they will never pass up on the best candidate for the job vacancies that they would like to fill. It can considerably reduce the time for selecting the right employee for the job.

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Expensive treatment of mesothelioma cancer

Posted by on Mar 24, 2016 in Mesothelioma Cancer | 0 comments

It is a frustrating situation when someone in the family develop an illness, and things can be much worst if the member who became sick is the family’s provider. Hospital treatment generally is expensive that leaves many families dealing with hefty financial loss.

Mesothelioma cancer is one of the illnesses that a worker may develop from his or her workplace. Such illness that often affects the lungs is acquired when a worker had been exposed to asbestos dusts. Unfortunately, a person is at high risk of developing mesothelioma even he or she minimally or shortly has been exposed to asbestos, the lawyers of Williams Kherkher said. Mesothelioma is often a fatal illness that until now has no certain cure, however, there are several treatments available to possibly suppress the cancer cells from spreading in the lining of the affected internal organ. The treatments are intended to possibly improve the patient’s condition. The series of treatments that specialists relied on for decades are often costly mostly for those individuals who do not have other financial resources or are not covered by health insurance.

Individuals who have been diagnosed with mesothelioma may need to undergo “aggressive surgery” mainly if the cancer cells are located either in the lungs’ or abdomen’s lining. Mesothelioma patients who have poor health conditions are given other surgery options. Undergoing surgery procedure is the best option currently available to suppress mesothelioma cancer. A patient who had undergone surgery is expected to prolong his or her life mostly if cancer cells does not develop again. After surgery, patients may need to undergo chemotherapy or radiation treatments to further fight the growth of cancer cells. Both chemotherapy and radiation treatments are common for cancer patients.

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