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Archive for the ‘Toxic Torts’ Category

Briggs

Isn’t the Food and Drug Administration Supposed to Protect US?

Published by Laurie Briggs in Governmental Negligence, Mass Torts, Toxic Torts

In case you missed it during the 2008 presidential primary news blizzard of the past few months, which has consumed the front page of newspapers nationwide, the Food and Drug Administration (FDA) has once again failed to protect the American public from harm caused by pharmaceutical drugs and devices. Choosing to protect the outrageous profits of the major drug manufacturers over the health and welfare of each of us, and after failing to gain the support of Congress in their quest to do so, the FDA went behind Congress’s back to President Bush to propose new rules concerning labeling requirements on drugs. In addition to the fact that important side effect information would be less likely to reach consumers under the proposed rule, the change would also permit companies to update their drug and device labels with new safety information without waiting for FDA approval.

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Hopkins

Our Civil Justice System—An Opportunity to Pursue Justice

Published by John Hopkins in Aviation Disasters, Commercial Litigation, Construction Defects, Corporate Fraud, Defective Design, Environmental Disasters, Hospital Infections, Intellectual Property, Mass Torts, Medical Malpractice, Premises Liability, Product Liability, Professional Liability, Railroad Disasters, Toxic Torts, Will & Trust Disputes

Is the phrase, a government “of the people, by the people, for the people” in the constitution? Popular belief is yes, but it is not actually in the constitution. Rather, this phrase comes from President Abraham Lincoln’s Gettysburg address. It is probably a concept that should have been incorporated into the constitution and certainly Lincoln included it to remind citizens that it is their country. I think politicians, and even some of us, forget that it is OUR government and the politicians are OUR employees; they are supposed to be working in OUR best interests.

Business interests are fond of complaining about the jury system and regularly claim that it is “broken”, it needs to be “fixed”. Perhaps the best word is, in fact, “fixed”; they would like to fix the civil justice system so that it can be better influenced in their direction. Should we hold it against them because they work to achieve an unfair playing field? We should not hate Big Corporations for this, but should we allow them to achieve it? Absolutely not!

I think the jury system our founding fathers borrowed from English common law works just fine in protecting the rights of individual citizens. Frankly, I want six of my fellow citizens sitting and listening to evidence in my case. I want six regular people considering what makes sense and what does not make sense. I do not want a special panel appointed to hear my case, as has been promoted by many business “political parrots”. I do not want the government inserting itself into the civil justice system anymore than they already do. I trust an impartial panel of my fellow citizens to fairly weigh the evidence and reach a decision that makes sense.

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Briggs

Another Recall - This Time It’s Toothpaste

Published by Laurie Briggs in Product Liability, Toxic Torts

Gilchrist & Soames, the leading supplier of toiletries for hotels announced earlier today that it is recalling tubes of toothpaste, which are commonly provided, free of charge, to guests in many hotels and resorts. The toothpaste, which is made in China, is being recalled after tests showed that it may contain potentially toxic chemicals.

Gilchrist & Soames reported that testing to samples revealed unacceptable levels of diethylene glycol, a chemical found in antifreeze. Ingesting diethylene glycol can result in kidney and liver damage.

In a continuing series of recalls of Chinese products, this toothpaste is made by Ming Fai Enterprises International Co. Ltd. To date, the other recalls involve children’s toys, tires and pet food and call into question both the standards by which products are manufactured in China and the standards established by the United States’ Food and Drug Administration regulating imported goods. The FDA has no reports of any incidents involving Gilchrist & Soames toothpaste in the United States.

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Hopkins

Botulism Found in Hot Dog Chili

Published by John Hopkins in Mass Torts, Product Liability, Toxic Torts

Castleberry’s Food Company has just issued a voluntary recall, on the heels of FDA warnings that their Hot Dog Chili Sauce could have ingredients in it that were not planned. The FDA is warning that four people have been hospitalized with botulism poisoning. Although the contamination of botulism in canned foods is extremely rare, it can be deadly.

Botulism attacks proteins in the nerve endings of humans and destroys them. The damage to the nerves is permanent and irreversible. The nerves that are most attacked are those that stimulate muscle cells and can cause, among other problems, paralysis of muscles. Symptoms include: double vision, blurred vision, drooping eyelids, slurred speech, difficulty swallowing, dry mouth, and muscle weakness.

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