Bergen County Personal Injury Lawyer - Defective Products

Back Pain - Injury or Accident

Donald Caminiti — Tue, 26 Feb 2008 12:57:21 GMT

11/04 Neuroscience article shows objectively that those in chronic pain have resultant cortical atrophy. i.e. the brain shrinks. Great article. It is not the only one, by the way. Here is abstract:

1: J Neurosci. 2004 Nov 17;24(46):10410-5.

Chronic back pain is associated with decreased prefrontal and thalamic gray
matter density.

Apkarian AV, Sosa Y, Sonty S, Levy RM, Harden RN, Parrish TB, Gitelman DR.

Department of Physiology and Institute of Neuroscience, Northwestern University
Feinberg School of Medicine, Chicago, Illinois 60611, USA.
a-apkarian@northwestern.edu

The role of the brain in chronic pain conditions remains speculative. We
compared brain morphology of 26 chronic back pain (CBP) patients to matched
control subjects, using magnetic resonance imaging brain scan data and automated
analysis techniques. CBP patients were divided into neuropathic, exhibiting pain
because of sciatic nerve damage, and non-neuropathic groups. Pain-related
characteristics were correlated to morphometric measures. Neocortical gray
matter volume was compared after skull normalization. Patients with CBP showed
5-11% less neocortical gray matter volume than control subjects. The magnitude
of this decrease is equivalent to the gray matter volume lost in 10-20 years of
normal aging. The decreased volume was related to pain duration, indicating a
1.3 cm3 loss of gray matter for every year of chronic pain. Regional gray matter
density in 17 CBP patients was compared with matched controls using voxel-based
morphometry and nonparametric statistics. Gray matter density was reduced in
bilateral dorsolateral prefrontal cortex and right thalamus and was strongly
related to pain characteristics in a pattern distinct for neuropathic and
non-neuropathic CBP. Our results imply that CBP is accompanied by brain atrophy
and suggest that the pathophysiology of chronic pain includes thalamocortical
processes.

Originally posted at InjuryBoard by Donald Caminiti

Girl's Bicycles' recall - frame failure

Donald Caminiti — Wed, 13 Feb 2008 15:15:13 GMT

Trek Recalls Girls Bicycles Due To Frame Failure

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in
cooperation with the firm named below, today announced a voluntary
recall of the following consumer product. Consumers should stop using
recalled products immediately unless otherwise instructed.

Name of Product: Trek MT220 Girls Bicycles

Units: About 49,000

Importer: Trek Bicycle Corp., of Waterloo, Wis.

Hazard: The bicycle's frame can break during use, causing the rider to
lose control and suffer injuries.

Incidents/Injuries: Trek has received 13 reports of frames breaking,
including four minor injuries.

Description: This recall involves Trek girls' bicycles model MT220 and
model years 2005 (light metallic blue), 2006 (metallic silver and
metallic purple or pink and pearl white), and 2007 (pink and white pearl
or metallic purple). The model name is printed on the frame of the
bicycle. Model year 2008 bicycles re not included in this recall.

Sold at: Authorized Trek dealers nationwide from April 2004 through June
2007 for about $300.

Manufactured in: China and Taiwan

Remedy: Consumers should take the recalled bicycle away from children
immediately and return it to a Trek dealer for a free replacement MT220
girl's bicycle or a $100 discount on a different size Trek bicycle.

Consumer Contact: For additional information, consumers can contact Trek
at (800) 373-4594 between 8 a.m. and 5:30 p.m. CT Monday through Friday
and between 9 a.m. and 5 p.m. CT Saturday, or visit the firm's Web site
at www.trekbikes.com

Originally posted at InjuryBoard by Donald Caminiti

Antidepressants: Are Doctors Being Given Accurate Information

Karen Gatlin — Wed, 30 Jan 2008 15:36:19 GMT

The Food and Drug Administration has determined that doctors and patients are receiving inaccurate information as to the effectiveness of antidepressants. Published data indicates that drugs such as Effexor and Zoloft are very effective in treating depression; however, unpublished data is contrary to the published information. Antidepressants are hugely profitable for the pharmaceutical companies which manufacture them, and there are concerns that the data reported is being manipulated to promote sales. Physicians rely on the published data in making decisions in prescribing these drugs; there is concern that the some antidepressant drugs may not be all that helpful, and, in the case of adolescents, may be harmful.

Originally posted at InjuryBoard by Karen Gatlin

Damage CAPS

Donald Caminiti — Wed, 02 Jan 2008 10:12:17 GMT

The Toledo Blade recently reported that, In a 5-2 decision, the Ohio Supreme Court Thursday morning upheld the constitutionality of a 2004 law capping damages for pain, suffering, and other non-economic claims in personal injury and other lawsuits.

In a response to a question posed by U.S. District Court in Toledo, which is considering a federal lawsuit stemming from Johnson & Johnson's Ortho Evra birth-control patch, the court's majority found that the General Assembly had the authority to enact the law.

"Some may think limitations on certain damages to be unwise legislative policy-making, but it is beyond the authority of any court to write into the Constitution that which was not installed there by the framers and ratified by the people," wrote Chief Justice Thomas Moyer.

He was joined in the majority by Justices Evelyn Lundberg Stratton, Maureen O'Connor, Judith Lanzinger, and Robert Cupp. Justices Paul Pfieifer and Terrence O'Donnell dissented.

"If a damage cap of $250,000 is constitutional -- the majority opinion mentions the amount but never discusses it, apparently giving it no significance -- why can't the General Assembly limit damages for claims they do not favor to $100,000? Or $1,000? Or $10?" asked Justice Pfeifer, part of the now long-gone 4-3 majority that struck down a similar law in 1999.

"Under the court's reasoning, there is nothing in the Ohio Constitution that restrains the General Assembly from limiting non-economic damages to $1...," he wrote. "After today, what meaning is left in a litigant's constitutional right to have a jury determine damages?"

Justice O'Donnell opined that the General Assembly has unconstitutionally substituted its judgment for that of a jury through Senate Bill 80, opening the door for further encroachments in the future.

Melisa Arbino, of Cincinnati, suffered a series of potentially fatal blood clots in her brain and lungs in 2005 that she maintains were the result of side effects from the hormonal patch. Ortho Evra remains on the market, but its label warns that it could lead to serious side effects.

The law does not limit damages in catastrophic cases, such as those involving paralysis or loss of limb.

It also does not limit economic damages -- lost wages, medical costs, and other measurable out-of-pocket damages -- in less serious cases.

The law, however, does cap harder-to-quantify non-economic damages for such things as pain, suffering, and mental anguish at $250,000, or three times the economic damages up to a maximum of $500,000 arising out of the injury, $350,000 of which could go specifically to the injured person.

The law was backed by Ohio's business community, which cited prior decisions striking down such caps as reasons to remake the court through elections. Four justices have joined the court since the 1999 ruling.

Although not a part of this case, the ruling is likely to bolster the argument that different caps put in place under a medical malpractice tort-reform law are also constitutional.

Originally posted at InjuryBoard by Donald Caminiti

Dangerous Toys(3)

Donald Caminiti — Tue, 18 Dec 2007 11:40:22 GMT

With the Christmas season upon us, a state legislative committee last week endorsed a bill that would allow New Jersey to create its own list of dangerous toys to ban from store shelves.

Currently, the USCPSC is the only governmental agency that can recall products. The state bill (A-250) would empower the director of the state Division of Consumer Affairs to generate an unsafe and recalled toy list independent of the federal government's list.

A second bill (A-4547) wold create protocols for merchants to follow after a product recall, including removing the product from shelves within 48 hours and programming cash registers to alert the cashier whether a scanned product has been recalled. The bill carries fines of up to $20,000.

The bill must be voted on by the full Assembly and awaits consideration by the Senate.

If you would like to see this bill, designed to protect consumers from unwittingly purchasing hazardous products marketed and designed for use by children, contact your state Assembly[person and urge them to vote in favor of
A-250 and A-4547

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Donald Caminiti

Dangerous toys

Donald Caminiti — Thu, 13 Dec 2007 15:26:19 GMT

Name of Product: Horseshoe Magnets

Units: About 153,000

Importer: United Scientific, of Waukegan, Ill.

Hazard: Surface paint on the magnets contains high levels of lead,
violating the federal lead paint standards.

Incidents/Injuries: None reported.

Description: This recall involves horseshoe-shaped magnets sold in five
sizes. The horseshoes have red paint on the surface of the magnet.
Product numbers included in the recall are: SHM020 (two inch), SHM030
(three inch), SHM040 (four inch), SHM050 (five inch), and SHM060 (six
inch).

Sold by: Independent distributors nationwide from March 1995 through
September 2007 for about $1. Distributors sold the products to schools
for use in science classes.

Manufactured in: India

Remedy: Consumers should immediately stop using these products and
contact United Scientific to receive a replacement product.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Donald Caminiti

Defective Products

Donald Caminiti — Tue, 11 Dec 2007 09:51:28 GMT

The Colgate-Palmolive Company warned that counterfeit toothpaste falsely packaged as "Colgate" has been found in several dollar-type discount stores in New York, New Jersey, Pennsylvania, and Maryland. There are indications that the product does not contain fluoride and may contain diethylene glycol, a product that is commonly found in anti-freeze. Consumers who suspect they may have purchased a counterfeit product can call Colgate's toll-free number 1-800-468-6502. The FDA website follows:

http://www.fda.gov/medwatch/safety/2007/safety07.htm

Originally posted at InjuryBoard by Donald Caminiti

Defective Toys

Donald Caminiti — Tue, 20 Nov 2007 14:05:16 GMT

Regulators Caution Holiday Shoppers

With the peak of the holiday shopping season approaching, federal regulators released a list of potentially dangerous toys and urged parents to remain informed of dangerous or defective products. However, consumer groups warned that many toys with potential choking hazards or lead dangers can still be found on store shelves. Among the toys cited by the Consumer Product Safety Commission as posing the greatest hazard to children were riding toys, toys with small parts or magnets and projectile toys. AP, The New York Times 11/20/2007

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Donald Caminiti

Aqua Dots Toys Recalled by Spin Master

Chrissie Cole — Fri, 09 Nov 2007 00:05:20 GMT

In cooperation with the U.S. Product Safety Commission (CPSC), Spin Master announced a nationwide toy recall of 4.2 million sets of Aqua Dots.

The bead coating that allows the beads to stick together when water is added, contains a toxic substance that mimics a compound similar to GHB, also known as the date rape drug. Children who swallow the beads can become comatose, develop respiratory depression, or have seizures.

To date, Federal Safety Officials have received two reports of children swallowing Aqua Dots and falling ill. One reported case includes, a 20-month-old boy who became dizzy and vomited several times before slipping into a comatose state for a period of time. The child has since recovered.

Consumers are advised to take the recalled toys away from children immediately and to contact Spin Master for a free replacement toy of equal value.

The recall applies to all models of Aqua Dots. The product is available in various different kits with accessories such as a drying fan, applicator pen, design templates for the beads, and spray bottle. The product is labeled for ages 4+.

For more information, please visit or section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Chrissie Cole