Product liability

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Exposed: The Toxic Chemistry of Everyday Products and What's at Stake for American Power Mark Schapiro See book keywords and concepts

One of the central issues to be proven in a product liability case is, could a product have been designed more safely, with less destructive effect on its user? The changes in Europe are suggesting a new means of answering that question. Derek Johnson, president of the Oregon Trial Lawyers Association, steered me to a case in 2005 that he and his fellow product liability attorneys followed with considerable interest, one involving an unrelated product: automobiles.

Before You Take that Pill: Why the Drug Industry May Be Bad for Your Health J. Douglas Bremner See book keywords and concepts

However, a Roche official testified in 2004 that the Roche marketing team argued against the report, stating that it could "impact on marketing strategy and product liability." What was going on here? Was selling a drug more important than helping people? My experience and my reading led me to the conclusion that it wasn't always about saving lives. It was also about making money, a lot of money, meaning billions of dollars. Behind that was millions of dollars of marketing to doctors and patients to convince them they needed the drug. And sometimes that corporate greed led to a lot of harm.

The Food-Mood Connection: Nutrition-based and Environmental Approaches to Mental Health and Physical Wellbeing Gary Null and Amy McDonald See book keywords and concepts

ATLANTA (CNN) - The medical journal BMJ Thursday retracted and apologized for the claim it made early this month that internal industry documents it received from an anonymous source had gone "missing" during a 1994 product liability suit against Eli Lilly and Co., maker of the antidepressant Prozac. The documents, cited by the journal in a Jan. 1 news article, suggest a link between fluoxetine—the generic name for Prozac—and suicide attempts and violence. The article said "the missing documents ...

Doctors, American Medical Association hawked cigarettes as healthy for consumers Mike Adams, the Health Ranger See article keywords and concepts

I don't think there's a guy on the [Board] who doesn't believe that cigarette smoking contributes to an increased risk of lung cancer,' one said, adding that the SAB's members were 'terrified' to say so publicly out of fear of involvement in tobacco product liability lawsuits." If it was fear that kept doctors on board with the TIRC and its renamed version, CTR, it did not stop them from handing out research grants.

What's In Your Milk?: An Exposé of Industry and Government Cover-Up on the Dangers of the Genetically Engineered (rBGH) Milk You're Drinking Samuel S. Epstein, M.D. See book keywords and concepts

Also, these contractual violations raise product liability questions which have not yet been addressed. The Milkweed reported in its June 2004 issue that numerous Posilac sales personnel had been fired, and that the industry-funded Hudson Institute's "Hit Squad" Milk is Milk website, attacking food biotechnology critics, had been terminated. Augusta, Georgia is home to the annual spring time Masters Golf Tournament and Posilac's hopeful future home. Monsanto's $180-million Posilac manufacturing plant opened there in May 2000, and signaled a move to a U.S.

Before You Take that Pill: Why the Drug Industry May Be Bad for Your Health J. Douglas Bremner See book keywords and concepts

Accutane could cause depression in some patients. The FDA received an edited report that did not include these concerns about depression. In 1988, based on the FDA's request, Roche included a warning regarding depression, psychosis, and rare suicidal ideation, suicide attempts, and suicide. In 1999 Liam Grant, the father of an adolescent boy from Ireland who had killed himself after taking Accutane, contacted me after hearing about some of my research on brain imaging of patients with depression.

Big Pharma: Exposing the Global Healthcare Agenda Jacky Law See book keywords and concepts

But each of these frantic attempts to plug a dire innovation gap has been rumbled: as scientists have argued publicly about safety studies, as patients have fought pricing and product liability suits, as US consumers have battled for cheap drug imports, and as citizens everywhere start to at least wonder what they are paying for and how the industry in its current form can survive. Even Sir Richard Sykes, former CEO of Glaxo Wellcome and now rector of Imperial College, London, wants change. He told the UK parliamentary inquiry, 'Today the industry has got a very bad name.

The Healing Power of Rainforest Herbs: A Guide to Understanding and Using Herbal Medicinals Leslie Taylor, ND See book keywords and concepts

Consumers are the ones experiencing the side effects and health problems, and they ultimately pay the price for litigation through higher insurance and product liability rates. This is also the reason why so many conventional doctors refuse to advise their patients about herbal supple- Consumers need to take extra care when supplementing with medicinal plants if they routinely take prescription drugs. merits and many just discourage their use altogether.

Aspartame (Nutrasweet) - Is It Safe? H.J. Roberts, M.D. See book keywords and concepts

He believed that a product liability statute had been violated. The manufacturer was sued for breach of an implied warranty that these sweeteners were "fit for ordinary use" (The Grand Rapids Press March 6, 1986 p. C-6). The following considerations are pertinent. • In arguing an alleged breach of implied warranty in product liability litigation, the plaintiff must prove that (1) a defect existed in the product alleged to have caused injury at the time the supplier parted possession with it, and (2) nothing altered the product following its sale.

Merck now under investigation by the Securities and Exchange Commission (SEC) for possibly misleading investors Mike Adams, the Health Ranger See article keywords and concepts

The estimated liability from lawsuits that are now forming against Merck is anywhere from $10 billion to $20 billion, and yet Merck has only $630 million in insurance coverage for product liability. This means if the Vioxx lawsuits proceed, Merck is likely to come up at least $9.4 billion short, and that of course is going to harm Merck investors.

The ABC Clinical Guide to Herbs Mark Blumenthal See book keywords and concepts

However, the increased litigiousness in the American healthcare marketplace has created a deep concern from a product liability perspective to the extent that most companies will be compelled to publish more safety information on herbal products, although not currently required by law (Rubin, 2002). In some monographs there are "no known" contraindications This usually means that the herb is generally safe to use with no known condition or known subset of individuals being precluded from use. However, this does not necessarily preclude pregnant or lactating women.

Herbal dietary supplements and foods: product liability analysis for a "failure to warn" of herb/drug interactions and guidelines to develop appropriate Warnings. HerbalGram 2002;55:56-59,71. Schulz V, Hansel R, Tyler VE. Rational Phytohterapy: A Physician's Guide to Herbal Medicine. New York (NY): Springer Verlag; 2001. Soller, RW. Regulation in the herb market: The myth of the "Unregulated Industy." HerbalGram 2000;49:64-67. Stolberg SG. Folk Cures on Trial: Alternative Care Gains a Foothold. New York Times. Jan. 31, 2000. 7 pp. Al, A16. Vandenbroucke JP, de Craen AJ.

Bitter Pills: Inside the Hazardous World of Legal Drugs Stephen Fried See book keywords and concepts

Some put more emphasis on the physician's responsibility as a "learned intermediary" than on the drug company, while others view the situation more as a strict product liability issue for the manufacturer. States also have differing ideas about the responsibility of the patient and the legal D I I ILK r I LLD ramifications of a drug's warning label. Evidence that almost assures a win in New Jersey is a sure loser in, say, California.

The medical product liability lawyers were also closely monitoring the quinolone situation. In fact, they were about to descend on Acapulco to discuss strategies for a number of drugs and sharpen their teeth. A Philadelphia attorney who was planning to send associates to the meeting, Steve Sheller, promised to tell me all about it. I had a long talk with Sheller, who had first introduced me to Stacy Phillips, after he got his report from Acapulco.

Aspartame (Nutrasweet) - Is It Safe? H.J. Roberts, M.D. See book keywords and concepts

As noted, corporate interests have immediate access to prestigious scientists—both in-house and handsomely paid consultants—who can (1) counter any article or presentation that casts suspicion on the safety of aspartame products, or (2) serve as expert defense witnesses for depositions or at court in cases of alleged product liability. At the very least, such rebuttals and delaying tactics enable the continued generation of great profits until the FDA or some other regulatory body acting in the public interest might finally decide that an imminent public health hazard indeed does exist.

Vaccination The Issue of Our Times Peggy O'Mara See book keywords and concepts

Kyle is an expert on vaccine product liability and the manufacturing of polio vaccines. His article linking hiv with polio vaccines appeared in The Lancet, Vol. 339: March 7,1992. Kirk A. McCarville 2400 E. Arizona Biltmore Circle, Ste 1430 Phoenix, AZ 85016 602-468-1714 Attorney who represents vaccine-injured children; may be willing to testify in cases involving decision not to vaccinate. Peter H. Meyers 2000 G Street NW, Suite 200 Washington, DC 20052 202-994-7463 Fax: 202-994-4946 Peter H.

Aspartame (Nutrasweet) - Is It Safe? H.J. Roberts, M.D. See book keywords and concepts

In arguing an alleged breach of implied warranty in product liability litigation, the plaintiff must prove that (1) a defect existed in the product alleged to have caused injury at the time the supplier parted possession with it, and (2) nothing altered the product following its sale. In the case of aspartame, this would seem to focus any blame on the agency or agencies originally licensing it. • Article 2 of the Uniform Commercial Code addresses the inference of warranty by advertisements.

Flu : The Story Of The Great Influenza Pandemic Gina Kolata See book keywords and concepts

At the same time, Shope's brilliant work, through no fault of its own, was to spark one of the greatest product liability fiascoes in U.S history. In 1976, because of his theories about swine influenza, the United States government ended up trying to immunize all Americans against swine flu. The decision was made by President Gerald Ford on advice from the nation's most eminent scientists. A young soldier had died of a swine flu, igniting a fear that a deadly flu like the one from 1918 might be spreading to humans.

Allergic to the Twentieth Century: The Explosion in Environmental Allergies--From Sick Buildings to Multiple Chemical Sensitivity Peter Radetsky See book keywords and concepts

Combine the ESRI with another of Gots's organizations, the National Medical Advisory Service, which provides expert witnesses to attorneys defending corporations in product liability lawsuits — a frequent occupation of Gots himself — and you've got a potent double-whammy of anti-MCS testimony. "And they're both under the same roof," says Donnay. "There's not a very fine distinction there. Unfortunately he's rarely called on it." One of the most insidious of Gots's actions in Donnay's view was his presentation of the U.S.

World Without Cancer G. Edward Griffin See book keywords and concepts

One can be sure also that inspectors from companies that underwrite the manufacturer's product liability insurance have more than a casual interest in their client's sanitation record. Since violation of the underwriter's standards can result in higher premiums or in cancellation of the insurance, the manufacturer would be a fool to ignore them. At any rate, local health agencies are more than adequate for the job of maintaining sanitation standards. Federal inspectors are no more proficient than state, county, or city inspectors, and there is no need for such wasteful duplication.

The Politics of Cancer Revisited Samuel S. Epstein, M.D. See book keywords and concepts

Recent product liability suits filed by workers who have developed cancers of various sites against Velsicol and exterminating companies have been settled out of court, presumably to avoid the possibility of a successful legal precedent. 77a? "Banning" of C/H On November 18, 1974, EPA announced its intent to cancel all agricultural and domestic uses of C/H, excluding termite control, on the basis of carcinogenicity and widespread environmental contamination.

These were obtained during pre-trial discovery proceedings in recently proliferating product liability suits against the asbestos industry. The documents (which were publicly released in San Francisco at the October, 1978, hearings of the Subcommittee on Compensation, Health and Safety of the House Committee on Education and Welfare) include correspondence among senior executives, lawyers, physicians, consultants, and insurance companies of Johns-Manville, Raybestos-Manhattan Inc., and other asbestos industries.

In the typical product liability or third-party insulator case (of which Borel v. Fibreboard Paper Products Co., 493 F.2d 1076 [5th Circ. 1973] is precedential), there are often as many as ten defendants because the average worker has used products from that many different companies, such as Johns-Manville, Ray-bestos-Manhattan, Owens-Corning Fiberglas Co., Celotex, Pittsburgh-Corning Co., and Standard Asbestos Manufacturing and Insulating.

Within the department itself, the Minister of State for Consumer Affairs takes special responsibility for consumer protection and information and also for product liability. So far, two prohibition orders which relate to carcinogenic substances have been made under the 1978 Act. These concern children's nightwear treated with the flame-retardant chemical Tris and balloon-making compounds containing benzene.

Bitter Pills: Inside the Hazardous World of Legal Drugs Stephen Fried See book keywords and concepts

It was only the ninth drug in modern FDA history to be withdrawn, and the members of the product liability bar were already tripping over one another to become lead counsel in the class action suit against Omniflox's manufacturer, Chicago-based Abbott Laboratories. The handful of news stories about the Omniflox fiasco were both horrifying and strangely calming. They begged the question of how the FDA approval process worked: If a drug was that dangerous, how could it get approved in the first place? Could Floxin be the next Omniflox? Should Floxin be the next Omniflox?

Alternative Medicine the Definitive Guide, Second Edition Larry Trivieri, Jr. See book keywords and concepts

Despite this assurance, after my presentation all dental amalgam manufacturers increased their product liability insurance by 1,000%." At present, according to Dr. Huggins, "No dental publication will carry articles on mercury toxicity, no dentist is allowed to tell a patient that mercury is toxic, and no lecturer is allowed to mention it in front of dentists.

Allergic to the Twentieth Century: The Explosion in Environmental Allergies--From Sick Buildings to Multiple Chemical Sensitivity Peter Radetsky See book keywords and concepts

Finally, Connie Rogers and her compatriots took out their frustration and anger in the only way that seemed left to them: they filed a lawsuit charging product liability, fraud, and negligence against nearly two dozen contractors and building manufacturers. Rogers vs. Benjamin Moore, et al. involved forty-three children and forty-two adults asking almost $4 billion from such giants as Benjamin Moore & Co., Ashland Chemical, Inc., and BASF Corp. "I filed the lawsuit to recoup the loss for the taxpayers so that we could get the school fixed," Rogers says.

Prescription For Disaster: Dangers In Your Medicine Cabinet Thomas J. Moore See book keywords and concepts

Another difficulty in product liability lawsuits is locating a suitably knowledgeable and courageous expert who is willing under any circumstances to testify against a drug company or another doctor. However, in this case one of the victims of Upjohn's campaign to discredit its critics—Ian-Oswald—was willing to work on the case. Among the documents that Upjohn had to produce were the original case reports for the 1972 study at the penitentiary at Jackson, Michigan. Oswald spent one thousand hours going through the Upjohn records.

This makes product liability lawsuits enormously expensive, because experts must comb through tens of thousands of pages of often cryptic internal documents, case reports, and medical records. But if a determined lawyer has expert help, it can be done. In Salt Lake City, Utah, Ilo Marie Gundberg had filed a $21 million lawsuit charging that adverse effects of Halcion had caused her to shoot her mothet in 1988. In support of that lawsuit, thousands of pages of Upjohn documents had been produced.

If the adverse effect is mentioned in the disclosure label, the consumer is deemed to have been warned about the danger32 While ignorance of the law is no excuse for a criminal act, ignotance of a drug's adverse effects can be an acceptable defense in a product liability action. Under some circumstances a company can admit that its drug might have caused harm but that it was unaware of the danger. Therefore, one of the few ways to recover damages from a drug company is to prove that it knew about a drug's danger but failed to act.

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