Alabama Product Injury Lawyer Blog

As I have mentioned in an earlier post, since coming over to the plaintiff's side, I have handled several cases involving children and adolescents prescribed SSRI antidepressants who shortly thereafter, committed suicide. I learned from these cases how the drug companies promoted these drugs to pediatricians telling them how safe they were and suggesting they be given to kids who are just having a "tough time of it" as they go through the challenges of adolescents. In turn, pediatricians handed these drugs out like candy to unsuspecting parents, explaining how it would help take the edge off for their child and was very safe. I also learned how the drug companies doctored their studies so indications of suicidal thoughts by those involved in the study were hidden and just kicked out of the study for "non-compliance issues".

Now, as reported at Pharmalot, one of my favorite websites for information on the drug industry, Alison Bass, a reporter at the Boston Globe in the 1990s, has written a book to be published this week entitled "Side Effects: A Prosecutor, A Whistleblower and A Best-Selling Antidepressant on Trial". Pharmalot's post includes a great interview with Ms. Bass. Among other things, when asked about what she learned from investigating the suicide issue and the SSRI Paxil, she had these thoughts:

"There has to be full disclosure of clinical trial data. And doctors have to acknowledge when they have conflicts of interest. Major academic centers should have requirements that doctors aren’t allowed to earn more than ‘X’ amount from a drug company. As I wrote in my blog recently, Marty Keller, the principal Paxil investigator at Brown University for the 329 study, acknowledged receiving consulting fees from Glaxo, but never reported them on his tax return. Researchers who are getting lucrative personal payments should be prohibited from studying these drugs if they’re making more than whatever minimum is established by the institution. But you know, these studies are a great source of income for these institutions."

As Ms. Bass explains and what is most concerning is that this is not a problem with just Paxil and SSRI's. It is a much deeper and more widespread issue across the pharmaceutical industry as a whole, as we have continued to see with drugs such as Vioxx, Vytorin and Trasylol. We as consumers, must continue to press our legislators and these corporations to incorporate protections and practices which will allow the consuming public to feel that all that is known about the drug at issue, including all potential safety issues, have been disclosed

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Posted In: SSRI/Anti-Depressants

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Some new and interesting recalls this week. Everything from snowmobiles, to children's clothing to some "oversized" pills. Here's the latest and greatest:

1. Ski-Doo Snowmobiles: Over 400 of these snowmobiles imported to the U.S. by BRP U.S. Inc. have been recalled due to friction between the fuel hose and cylinder head cover which can cause the hose to pierce. As a result, fuel can leak out and cause a fire. The recall includes 2007 and 2008 Expedition TUV V800 in Deep Red/Black and the 2007 and 2008 Skandic SWT V-800 in Yellow/Black. If you have one of these snowmobiles, you should stop using it immediately and contact a Ski-Doo dealer to get a free repair. For more information, go here. Considering global warming and how hot it is already, guess now is a good time to get that snowmobile fixed up anyway.

2. Playsafe Spinning Quad Merry-Go-Rounds: Last week, I reported on a swing set that was being recalled and this week its a Merry-Go-Round. Of all things, products made for children's use must be manufactured with all do care. However, often it seems its all about the money. According to the Consumer Product Safety Commission, about 15,000 of these Merry-Go-Rounds were sold at Toys R Us between January and March 2008. A bearing on the merry-go-round can fail, causing the seat assembly to break off and fall to the ground. Clear hazard to those children riding the merry-go-round. Consumers are instructed to immediately take the merry-go-round away from children (that will be fun) and return to Toys R Us for a full refund. Go here for more information.

3. Children's Overalls by Sara Lynn Togs: This is one hitting close to home. All you Auburn and Alabama fans play close attention. If you purchased for your child or your friend's child some overalls with the Auburn or Alabama emblem on them and they were made by Sara Lynn Togs, you need to get those overalls back to the store for a refund. The buttons on the shoulder straps can detach and children can then choke on them. Go here, to see what the overalls looked like. The specific overalls/shortalls are in gingham or flannel. Sizes included in the recall are 6/9 months, 12 month, 18 month, 2T, 3T and 4T. These overalls were sold at college bookstores, fan stores, children's boutiques and gift shops from March 2007 through February 2008. You need to return them to Sara Lynn Togs for a full refund. Roll Tide/War Eagle!

4. Sauna by Airwall: Ever lay there in a nice hot sauna and think to yourself...."what would I do if I got locked in here and the heat never went off"...at the least claustrophobia hits in. Well, Sauna by Airwall, Inc. distributes the Infra-Red Sauna Rooms which were sold by Sauna By Airwall dealers nationwide between November 2006 and April 2008 which can have a failure of the heating unit and fuse, leading to overheating of the saunas. These saunas are made of wood and include model numbers IC I, IC II, IC III, IC IV and IC V. If you have one of the saunas, you should immediately stop using it and disconnect it from the power source and call collect to 562-630-2283 to get a full refund. Go here for more information and to see photos of the saunas in question.

5. Morphine Sulfate Extended Release Tablets: This is an expanded recall of this drug. More lots of 30 mg and 60mg morphine sulfate extended release tablets are being recalled due to the possibility of the tablets being oversized and therefore giving the patient more of the drug then was intended. The oversized tablets could contain as much as twice the labeled amount. The lots in question were distributed by ETHEX Corporation between June 2006 and May 2008. Go the the FDA website regarding the recall for the specific lot numbers involved. The risks involved in taking these potentially double dose tablets include difficulty or lack of breathing, low blood pressure and apnea. The 60mg tablet is white, oval, with "60" on one side and "E" on the reverse side. The 30mg tablet is pink, oval and "30" on one side and "E" on the reverse side. You can contact ETHEX at 1-800-321-1705.

Busy week in recalls. Remember, be careful out there. Until next time....

Posted by Craig P. Niedenthal | Permalink | Email This Post | Comments (1)

Posted In: FDA Recalls , Recalls , Recalls of the Week

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Got some new and interesting items to watch out for this week. Without further adieu...here we go. The Recalls of the Week:

1. Children's Place Camouflage P.J.s: When I first saw this, I assumed it had something to do with flammability issues as are most recalls on P.J.s But no, its the hot topic of the last several months...LEAD. The screen print on the shirt of the P.J.s, which says "Athletics 90", contains excess levels of lead. There have been about 28,000 of these sold and involves both long and short sleeved versions. They were sold at Children's Place between December 2006 and January 2008. You are directed to stop using them immediately and take them back to Children's Place for a full refund. For more information, go here.

2. Crate and Barrel Shag Rugs Catch Fire: And I don't mean in a good way. The Remy Shag Rugs which have been sold at Crate and Barrel in Red and White between January 2007 and April 2008, through catalogue and in-store are being recalled. These rugs can catch fire too easily. Not something you want laying near the fireplace. You should stop using the rugs and call Crate and Barrel and they will pick up the larger rugs and give you a refund and with the smaller rugs, you can return for refund or just get a label put on it telling you its flammable. Apparently, smaller rugs can be flammable, you just have to warn about it. Not sure this makes alot of sense. Here is the complete information on this recall.

3. Backyard Leisure Swing Set : Those really nice wooden swing sets, sold as Adventure Playsets brand at Walmart and Create N Adventure brand at Toys "R" Us and sold between January 2008 and May 2008 are being recalled. The hangers holding the chains for the gliders can break and the child can fall and get injured. 114 reports have been received thus far regarding this problem and there have been about 11,000 of these swing sets sold. You need to remove the gliders from the swing set immediately and contact Backyard Leisure (866-546-7902) for replacements. Go here for more information.

4. Tomatoes: You say tomato, I say....DON'T EAT IT! This is a killer for me because I try and eat alot of tomatoes given how healthy they are and especially for men and the ole' prostate. However, the FDA is warning consumers nationwide that certain raw red plum, red Roma, red round tomatoes have been linked to salmonella. You CAN continue to eat cherry tomatoes, grape tomatoes and tomatoes sold with the vine still on them. Take a look at the FDA's website on this for more important information. Guess I better stick to some berries right now.

That's the biggies for the week. If you know of any others I and others should be aware of, please leave a comment. Remember, be careful out there.

Posted by Craig P. Niedenthal | Permalink | Email This Post | Comments (0)

Posted In: Recalls of the Week

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Over the last several months I have learned a lot about becoming and surviving as a solo practitioner from reading all the great materials and posts on Build a Solo Practice, LLC which is the creation of Susan Cartier Liebel whom I have come to know and respect over these last several months. She is a leader and plowing the path for us solos trying to figure out how to do this thing called "solo practitioner".

Recently Susan asked me to write an article for her website discussing how I came to the decision to go solo. Her website has periodic pieces called "Going Solo; Confessions and Inspirations". Last week she printed my article entitled "Defying Gravity". Yes, for those familiar with Broadway, it is taken from the recent Broadway hit, "Wicked". When you read the piece, you will understand the significance of these words and that play in my life and the decision to go solo.

My hats off to Susan Carter Liebel. Not only for discovering my abilities as a writer (well probably not that) but for her hard work and efforts into making this world of solo practice a little easier to forge into. Susan is also starting a new project entitled "Solo University". It will really bring the world of solo practice to a new level and offer great educational information for those venturing out on their own. Thanks Susan for your commitment and support. It is invaluable.

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I'm trying to get back into everyone's good graces on the Recalls of the Week. I left you hanging last week and delayed this week, but I will try and catch you up on the latest and greatest of the recalls out there.

1. Chicco Child Seats: This is an important one because it involves protecting our small innocent infants and children. Chicco is recalling the following infant child seats: Cortina Travel Systems, Keyfit and Keyfit 30. There are about 18,000 of these infant seats out there that are effected by this recall. They involve the bases for these infant seats and the problematic ones were manufactured between February 26 and March 17, 2008. There is a defect in the base that can prevent the base from being tightly secured to the vehicle when the lower latch attachments are used to secure the base to the vehicle. Bottom line, in a crashes, the base could move more than it should and cause worse injury to your child. Chicco is notifying owners of the problematic bases. The recall is to begin June 2nd. Go here for more information.

2. Polycom Wireless Conference Phone: Hello....anyone home....oops, what's that fire starting in my phone. Polycom is recalling the SoundStation2W Wireless Conference Phone. It affects phones sold between December 1, 2007 and May 2, 2008. The rechargeable Li-ion battery pack can overheat and catch fire. If you have one of these, remove the battery back immediately and contact Polycom for a free replacement. For more information, go here.

3. Simmons Kids Crib Mattresses: Again, a serious issue for the children. The Simmons Kids Mattresses manufactured between July 1, 2006 and March 23, 2008 may measure smaller than the width requirement for cribs, thereby creating a gap between the mattress and crib side rails where babies can get caught. The recalled mattresses have a color label attached at the top or side of the mattress and has the following names on it: Pottery Barn Kids by Simmons Kids Lullaby, Simmons Kids Slumber Time Evening Star Luxury Firm, Simmons Kids Baby Mattress Series 400 and Simmons Kids Baby Mattress 234 Coil Count. Simmons asks that you measure the width of your mattress using a tape measure as described here. They will give you a free replacement if it does not measure correctly.

4. Polaris ATVs: Polaris has already recalled 95.000 of its ATVs due to defective Electronic Control Modules (ECMs) that can overheat and burn or cause fire. Now they are recalling another 700 of these ATVs for the same reason. Go here for the model numbers involved in this newest expansion of the recall.

5. QVC Tomato Planters: For those of you staying up late at night buying those bargains off of QVC, there may be a problem with that Tomato Planter you bought between March and April 2008. The Topsy-Turvy Deluxe Tomato Planter with Stand, can collapse and can injure those near by. Go here to find out what to do, which includes how to get a refund.

6. Viril-ity Power Tablets: Good one to end on. Something that is sold over the counter to help in the bedroom department, like Viagra and friends. Well apparently this "supplement" may have a drug in it similar to the active ingredient in Viagra, which you know requires a prescription. When combined with other drugs, it might cause blood pressure to drop to life threatening levels. You are advised to stop taking it. Here is the press release regarding this recall. Moral of this story is even though its sold over the counter, it can still be dangerous and effect your heath in a negative manner. As I have said before....be careful out there.

Posted by Craig P. Niedenthal | Permalink | Email This Post

Posted In: Recalls of the Week

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Coming home last night around 6:30 pm I was greeted by my wife who nonchalantly tells me "The New York Observer contacted Alec (our eldest son) today and interviewed him". What? Why? Apparently they read his letter to the editor of the New York Times Book Review and were so impressed, they wanted to find out who this kid from Alabama really was. My son later, again nonchalantly, informs me he had a 20 minute interview with someone from the Observer. My son had no idea what they were going to do with this interview.

Well, first thing this morning my wife emails me a link...to the Observer...and there it is....picture and all.....an article and interview with my son trying to figure out who this kid from Alabama, of all places, was and what caused him to challenge the literary publishing word. Yes, I am a proud Dad. Of course, his comment in his interview that "Neither of my parents are big readers at all" struck me. Reading briefs, memos, case opinions, legal periodicals, blawgs.....and the list goes on, doesn't count. Thanks son. Guess he doesn't really have a good understanding of what I do all day long. I'll forgive him...for now....because he deserves to glow.

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First, quick apology about last week. Just a crazy week and did not get to post much. Will make it up. More importantly, my 17 year old son who just graduated high school wrote a letter to the New York Times Book Reviews which is published every Sunday and it appeared in today's New York Times. I am overwhelmed to say the least. He is an amazing writer and always had the gift, but he is taking it to a new level.

Now I know its not good for a blog to get off topic...and this is way off topic of products liability issues, but it is such an important part of my life and of who I am, I just need to yell it out. A little background will help. My oldest son has always had the gift of writing. He has always written pieces of work which were well beyond his calender years. If he had any weakness in this area, as with most kids his age and going through teenage angst, he has never really believed in himself and his abilities as a writer as much as his Mom and Dad have. You can tell your kids all you want how talented they are, but they have to feel it deep down inside before they can truly begin to blossom.

I think he really began to understand and believe in his talent last summer when he learned he received a 5 on the AP English Exam. For those who are not familiar with AP Exams, 5 is the highest score you can achieve and its a college level exam. When he learned his score, you could see the look in his eyes change. The self recognition that "Hey, I can do this."

Throughout this past school year, as he applied to schools known and recognized for their focus on writing, and began to recieve acceptance after acceptance, I could continue to see that light in his eyes grow even stronger. About a month and a half ago we went to one of the schools he was accepted to in order to make that final decision of where to go. Getting into this school, nationally recognized for focusing on writing and putting out amazing young writers, was a huge feather in his cap. When we met with one of the admission's counselors, she just went on and on how amazing his essay was that he wrote for his application and they gave it the highest score they give for essays. I could sense his pride...and belief in himself just flowing. As usual, he played down his abilities and was polite in thanking the Counselor for her thoughts, but I could see it was all coming together for him.

Which leads me to the New York Times Book Review. No, we don't live in New York, but every Sunday for at least the last year or two, I pick up the Sunday New York Times and my wife and I enjoy just taking Sunday morning to catch up on the world. My older son as well, would read certain sections, but always first attacked the New York Times Book Review section. You see, besides being a gifted writer, he is a voracious reader and always is looking for new books to jump into.

Then it happened. He told his Mom and I about a week ago that he had written a letter to the editor of the New York Times Book Review and they contacted him and said they were going to publish it. If you don't know, typically, very few, such letters are ever published, and they are usually from some scholastic, professor or other writer commenting on a review. My son expressed how this was the crowning achievement in his eyes to his first 17 years....Then the topper of it all came.

Yesterday, as his Mom and I come home from an afternoon at the gym, he was standing outside with just this amazing smile on his face. Apparently an editor of a major publisher read an advance copy of his letter and was interested in reading his writings. What??? Could this be true??? Well, yes apparently it is. As a parent, I couldn't be more proud of him. But most importantly, he finally gets it. He finally understands and believes in his talent and now I know.....the skies the limit! Fly son, its your time!

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Posted In: About Me

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