The Recall Lawyers

The manufacturer of the Master Forge grill, Guangdong Vanward, is recalling about 37,000 of its grills because improperly installed hoses, connecting the gas tank and regulator to the burner control can touch the burner box and lead the hose to melt and rupture when the grill is lit. This may lead to a fire and a burn hazard.

The manufacturer has reported two instances of hoses melting and rupturing, but so far, no injuries have been reported. The recalled grills include Master Forge four-burner gas grills with a single-door base (shown right). The grill's hood has "Master Forge" written on it. The grills were sold at Lowe's stores across the country from November 2011 to May 2012 for roughly $270.

The manufacturer instructs consumers to immediately stop using the grills and inspect them to make sure the gas hose runs along the outside of the grill cabinet and passes through a round hole in the side panel. Consumers should contact Guangdong Vanward for further instructions on how to properly install the grills. It can be reached at (888) 584-3694 or online.

The product recall lawyers at JONES WARD are equipped to handle all varieties of vehicle recall cases. If you or a loved one has been injured, please give us a call. For more information, contact attorney A. Layne Stackhouse at 502.882.6000 or layne@jonesward.com.

The New York Times recently published an article about the dangerous propensities of Pradaxa, a blood thinner touted as more convenient than other anticoagulants because patients do not have to receive blood tests as often. As the article points out, however, the convenience is not without consequences, some of which, have been fatal.

Unlike other anticlotting drugs such as Coumadin (warfarin), Pradaxa has no "off-switch." In other words, there is no way to reverse its effects in the events of trauma, which has led to hundreds of Pradaxa patients bleeding out even with only minor cuts. Trauma surgeons around the country are taking note. According to the New York Times, more than 500 deaths in the U.S. have been linked to Pradaxa bleed-outs.

One of the major problems lies with the information disconnect between different types of medical fields. The drug is advertised to cardiologists and other heart experts as being the best drug on the market. Heart doctors prescribe it to patients believing as much. But when those patients end up in emergency rooms, trauma and ER doctors see a different story. At least with other blood thinners, blood transfusions may be provided to patients at risk of bleeding out until the drugs can be counteracted. But with Pradaxa, there is no antidote to counteract the drug's blood-thinning effects, and trauma doctors are left helpless.

Regardless, it is the manufacturer's responsibility to make sure all physicians are warned of a drug's risks. Pradaxa's manufacturer, Boehringer Ingelheim, continues to claim that bleed outs occur at roughly the same rate as other anticlotting drugs that are reversible. Yet reports from doctors across the country prove otherwise.

The U.S. Food and Drug Administration is unfortunately not catching on. In a report released Friday, the agency concluded Pradaxa did not show a higher risk for bleeding than warfarin. But as the New York Times pointed out, the report made no reference to Pradaxa's irreversibility. Some experts indicate that physicians should be more fully informed before prescribing the drug to certain groups of patients. Because some patients, including the elderly and those with kidney problems, may have higher bleeding risks, they should not be prescribed Pradaxa at all.

So far, over 100 lawsuits have been filed concerning Pradaxa bleed-outs and the Times reported that thousands are estimated to arise in the future.

The defective drug and device lawyers at JONES WARD are equipped to handle a variety of dangerous medical product cases. If you or a loved one has been injured, please give us a call. For more information, contact attorney A. Layne Stackhouse at 502.882.6000 or layne@jonesward.com.

The number of lawsuits involving defective Biomet Magnum hip implants is growing rapidly, with the nationwide total now standing at 102 cases.

Like other legal claims involving defective hip implants, the total will probably grow exponentially over the coming months now that the cases are consolidated in a federal court proceeding called multi-district litigation, or MDL. Similar MDL actions involving the DePuy ASR and the DePuy Pinnacle hip implant devices already include thousands of plaintiffs.

The attorneys at Jones Ward PLC are closely involved in both of the DePuy cases, and we are now taking calls almost daily from clients who have concerns about their Biomet metal-on-metal hip implants. Jones Ward already represents Biomet patients in Kentucky, Indiana, Maryland, Alabama, Washington, New York, and other states.

The problem with the Biomet Magnum M2a is simple: the acetabular cup and other parts of the metal devices can rub against each other inside the patient's body, sending toxic amounts of cobalt and chromium into the patient's bloodstream. It is the position of many scientists and industry observers that these hip devices have an unreasonably high failure rate. In some cases, more than 40 percent of the devices fail within five years.

The Biomet hip cases are consolidated in U.S. District Court in the Northern District of Indiana. You can see how widespread the problem is by clicking on this link showing the variety of states where lawsuits have been filed: Biomet Transfer Order.pdf

The 102 cases involved in the Biomet MDL as of today represent a sharp increase from less than a month ago, when only 70 cases were on file. Some of the cases currently pending in the Biomet MDL were originally filed in Kentucky, Ohio, Maryland, Alabama, Florida, Georgia, California, Pennsylvania, New Jersey and Texas.

Unlike a class action lawsuit, these cases will be merged together in Northern Indiana just for the purposes of handling pre-trial testimony and the exchange of evidence, which is called discovery. In theory, each case would return to a local court once the merged case in Indiana is complete. If you or a loved one have been injured by a failed metal-on-metal hip implant made by Biomet, DePuy, Stryker, or another company, call Attorney Alex Davis for a free case evaluation.

Johnson & Johnson, a leading pharmaceutical manufacturer, has begun settling thousands of lawsuits claiming the drugmaker failed to adequately warn of the risks of tendon damage from the use of its antibiotic Levaquin. The company has settled approximately 845 cases so far. The settlements were disclosed October 30 in a federal court in Minneapolis where a judge is overseeing nearly 2,000 of the Levaquin cases. The recent filings did not reveal how much J&J has agreed to pay.

The cases stem from allegations that use of Levaquin increases the risk of tendon rupture, which can be extremely painful and may cause a long recovery period, not to mention often leaving patients permanently disabled. The drug's adverse effects may be more pronounced when used by elderly patients.

The antibiotic is in a class of drugs known as fluoroquinolones. In 2008, the United States Food and Drug Administration--responsible for regulation of all prescription medications--required all manufacturers of fluoroquinolones to strengthen the drug's label to warn of an increased risk of tendon ruptures. According to the lawsuits, J&J was aware of the increased risk well before the FDA acted and should have strengthened Levaquin's label much earlier. Plaintiffs across the country claim J&J downplayed truth of the drug's injuries to boost sales.

J&J is currently facing more than 3,400 state and federal lawsuits alleging tendon injuries from use of the drug and suing the company for failure to warn. So far, J&J has won the majority of the lawsuits that have actually made it to trial but lost the first case in 2010, in which a jury awarded the plaintiff $1.8 million. J&J continues to deny failing to properly warn of the drug's risks.

The defective drug lawyers at JONES WARD are dedicated to bringing you the most up-to-date information regarding dangerous and fraudulent products, as it comes out. If you or a loved one has been injured, please give us a call. For more information, contact attorney A. Layne Stackhouse at 502.882.6000 or layne@jonesward.com.

Last week, members of Congress proposed a bill to require compounding pharmacies, like the New England Compounding Center in Massachusetts responsible for shipping thousands of tainted steroid injections across the country, causing hundreds to fall ill with fungal meningitis, to be regulated by the United States Food and Drug Administration (FDA).

Representative Edward J. Markey (D-Mass) is the bill's sponsor. The legislation would demand that any compounding pharmacy that produces drugs on a large scale be regulated the same way drug manufacturers are regulated and that their products would be labeled as such.

The bills comes in the wake of a national outbreak of fungal meningitis stemming from the NECC's tainted steroid injections. So far, nearly 400 have fallen ill with the infection and thousands more have been identified as possible patients injected with the steroids. The injections were shipped to at least 18 states.

A report issued October 26 by the FDA revealed the facility had several ongoing safety violations, including violations that the drug compounding areas were not sterile. You can read more about the FDA's report of the NECC here. The FDA said Thursday that it had identified several types of fungus that were contained in two other drug products made by the company.

The defective drug and device lawyers at JONES WARD are equipped to handle a variety of dangerous medical product cases. If you or a loved one has been injured, please give us a call. For more information, contact attorney A. Layne Stackhouse at 502.882.6000 or layne@jonesward.com.

The National Highway Traffic Safety Administration (NHTSA), in cooperation with Honda, is recalling 268,655 2002-2006 Honda CR-Vs (2006 model shown right) in the United States due to a possible fire hazard. According to NHTSA, which regulates motor vehicles and highways, the driver-side power window switch may fail or melt, which presents the hazard. This safety problem may occur even when the vehicles are not in use.

With severe weather, rain or spilled liquids may enter through an open driver's window and enter the master power window switch, which creates a hazard, Honda said. Although Honda has stated that it has not received any reports of crashes or injuries, the company recommends owners park the vehicles outside until a recall repair can be performed. Four switch fires have been reported.

The recalled vehicles were manufactured from February 19, 2002 through July 28, 2006. The recall is expected to begin on November 2 of this years. Honda dealers will repair the switches for free.

The motor vehicle recall lawyers at JONES WARD are equipped to handle all varieties of vehicle recall cases. If you or a loved one has been injured, please give us a call. For more information, contact attorney A. Layne Stackhouse at 502.882.6000 or layne@jonesward.com.

The largest Honda power sports dealership in the county, Southern Honda Powersports in Chattanooga, Tennessee, has recently come under scrutiny by federal and state authorities over allegations that it illegally sold unsafe motorcycles, all-terrain vehicles (ATVs) and dirt bikes to unknowing customers for years. The National Highway Traffic Safety Administration--a federal agency that oversees motor vehicle and highway safety across the country--began its probe in May. Last month, the U.S. Attorney's Office in Nashville and the Tennessee Attorney General's Office joined the investigation.

The store sells mostly motorcycles, ATVs and dirt bikes, as well as other power vehicles like snowmobiles and scooters. According to reports, Southern Honda Powersports has been assembling power sports vehicles with parts recalled for safety reasons, for as far back as 2004. Officials report that this could mean tens of thousands of people are riding potentially dangerous vehicles.

The allegations come from a former Southern Honda Marketing consultant and another former employee who apparently requested federal regulatory officials to act five years ago and again in 2010. The consultant informed the officials in 2010 that about 25,000 new motorcycles, dirt bikes and ATVs were assembled unsafely when he consulted for the company from February 2004 through May 2007. The consultant, Ernest Vickers, said the company continued to engage in unsafe assembly practices until at least 2010. The company has denied the allegations. However, at least an additional nine former employees have come forward with information corroborating Vickers' accounts.

Commentators suggest this also indicates a problem with the NHSTA and other regulatory bodies, since the allegations were brought to their attention years ago and regulators refused to act. According to news reports, Vickers sent emails, letters and signed affidavits of other employees with the allegations that the store disregarded vehicle safety to the NHTSA, the manufacturer, American Honda, and the Consumer Product Safety Commission (CPSC), which regulates ATVs and dirt bikes and yet neither agency contacted him or took enforcement action until recently. It wasn't until May after USA Today began asking questions about Vickers' accusations that the NHTSA took note and began investigating Southern Honda. Vickers also alleged that American Honda was fully aware of the practices and did nothing to stop them.

This investigation highlights an important safety concern for consumers: although retailers and manufacturers--of products, drugs and the like--are supposed to cooperate with regulators and provide critical safety information to them the instance it is known, all too often, they neglect to do so. This leaves consumer safety in the hands of federal, state and local authorities, who may not have the resources to be able to take immediate enforcement action necessary to protect people.

The defective product lawyers at JONES WARD handle a variety of product and motor vehicle injury cases. If you or a loved one has been injured, please give us a call. For more information, contact attorney A. Layne Stackhouse at 502.882.6000 or layne@jonesward.com.

The U.S. Food and Drug Administration--which oversees the regulation of all pharmaceutical drugs--issued a report last Friday describing conditions in the New England Compounding Center, the entity responsible for shipping contaminated steroid injections across the country that has led to a nationwide fungal meningitis outbreak. The outbreak has led to at least 25 deaths so far, the latest in Tennessee.

The outbreak occurred after thousands of contaminated vials were shipped to at least 18 states. The injections were mostly used to treat chronic back pain. At least 338 people have become ill as a result of the contaminated vials from NECC.

The FDA's report is troubling: the agency uncovered a variety of unsafe conditions present in the company. Agency officials inspected the premises, observing a proportion of methylprednisolone acetate vials appeared to contain a "greenish black foreign matter." Similarly, some vials from the same bin contained a "white filamentous material."

The report further found that although "formula worksheets" indicate the company's raw materials are sterile, the Pharmacy Director told officials the firm uses "non sterile active pharmaceutical ingredients and raw materials to formulate "injectable suspensions."

Rooms used to manufacture drugs were found to have mold and bacteria; sterilization autoclaves were discolored. Overall the agency reported a full eight pages of unhealthy conditions that could have possibly led to the contaminated steroid vials.

The FDA stated in a release that its investigators "observed problems with the NECC's ability to maintain its clean room." The clean room is an area where drugs are produced. The FDA highlighted the vital importance of maintaining sanitation in compliance with safety standards in such areas.

The defective drug lawyers at JONES WARD are dedicated to bringing you the most up-to-date information regarding dangerous and defective drugs, as it comes out. If you or a loved one has been injured, please give us a call. For more information, contact attorney A. Layne Stackhouse at 502.882.6000 or layne@jonesward.com.

Tricam Industries has issued a voluntary recall for approximately 84,000 step stools. News reports indicate the top step/standing platform can break, posing a fall hazard to consumers. At least five incidents have been reported to the company. One report included injuries to the user.

The recalled products are Easy Reach by Gorilla Ladders 3-Step Pro Series step stools with a model number of HB3-PRO. Consumers can find the model number on the underside of the middle step on a blue label. The step stools were sold exclusively at Hoe Depot from April 2012 through August 2012.

If you have any questions about a defective or recalled product, contact attorney Terrance Massey at Jones Ward PLC. He can be reached by phone at 502-882-6000 or by email at tj@jonesward.com.

Approximately 97,000 Eddie Bauer rocking wood bassinets were recently recalled because of the risk of suffocation to infants. According to the U.S. Consumer Product Safety Commission, the bottom locking mechanism can fail to lock properly if a certain spring is not installed, allowing the bassinet to tip to one side and cause infants to roll to the side of the bassinet. It appears this defect poses a suffocation hazard to infants.

The manufacturer has received 17 reports of incidents involving infants primarily younger than three months old. In two of the 17 reported incidents, infants were noted to have had breathing difficulties after they rolled into the side of their bassinets. For more information, contact attorney Terrance Massey at Jones Ward PLC. He can be reached by phone at 502-882-6000 or by email at tj@jonesward.com.

Boehringer Ingelheim Pharmaceuticals Inc., a Germany-based pharmaceutical company that markets and sells drugs in the United States, has recently agreed to settle claims that it illegally promoted four of its best-selling drugs for $95 million. The money will go to various government agencies.

The case was brought in the United States District Court for the District of Maryland by a whistleblower.

The Justice Department claimed Boehringer marketed four drugs for uses never approved by the U.S. Food and Drug Administration, including that its drug Aggrenox could be used to treat certain heart conditions. Such marketing for "off-label" uses in the United States is prohibited by the FDA's regulations. Although a physician may prescribe a medication for an "off-label" use, a drug company cannot directly promote its drugs for any uses that are not approved by the FDA.

The other drugs involved in the suit were Atrovent and Combivent, used to treat chronic obstructive pulmonary disease, and Micardis, used to treat hypertension.
The defective drug lawyers at JONES WARD are dedicated to bringing you the most up-to-date information regarding dangerous and fraudulent products, as it comes out. If you or a loved one has been injured, please give us a call. For more information, contact attorney A. Layne Stackhouse at 502.882.6000 or layne@jonesward.com.

A report recently released by the Senate Finance Committee charges Medtronic, a leading medical device manufacturer, with manipulating studies on its spine-fusion product and failing to disclose millions it gave to the studies' authors.

The product, called InFuse, is a genetically engineered protein that facilitates bone growth used to treat degenerative disc disease. The Committee's investigation of Medtronic and its practices was released last Thursday. Finance Chairman Max Baucus (D-Mont.) and member Chuck Grassley (R-Iowa) conducted the investigation.

Ultimately, the senators concluded that Medtronic substantially edited the articles on its product and paid approximately $210 million to the studies' authors for "consulting, royalty and other miscellaneous arrangements" from 1996 to 2010. The report further found that the relationship between Medtronic and the study authors it paid provided the device company with the opportunity to manipulate public understanding of its bone graft product.

These tactics are not uncommon by pharmaceutical and medical device manufacturers. Because they are profit-driven corporations, attempts to suppress adverse effects and promote favorable information that may not be 100% accurate are common. The Committee's report is a step in the right direction. Although the regulatory body overseeing drugs and devices--the U.S. Food & Drug Administration--has broad authority, there is still a definite need for more oversight.

The report included specific allegations of manipulations, including that a Medtronic employee recommended that details about InFuse's adverse effects be left out of an article on the product in the Journal of Bone and Joint Surgery. Those details were not included in the article.

The report also claims that Medtronic representatives encouraged study authors to exaggerate the adverse effects and pain associated with competitor, bone growth treatments. Medtronic vigorously denies the allegations, but the Committee members remain concerned. Sen. Grassley suggests one solution would be to have stricter disclosure requirements between researchers and the industry

The defective drug and device lawyers at JONES WARD are equipped to handle a variety of dangerous medical product cases. If you or a loved one has been injured, please give us a call. For more information, contact attorney A. Layne Stackhouse at 502.882.6000 or layne@jonesward.com.

Rivers Edge Tree Stands Inc. recently issued a recall of approximately 14,000 of its tree stands for hunters. The recalled products are Rivers Edge Big Foot, Lite Foot and Baby Big Foot tree stands, which are used for bow and rifle hunting. The recalled stands are made of metal and have a black nylon straps. The snap-hook assembly is used to attach the stand to trees or poles. According to the U.S. Consumer Product Safety Commission, the snap-hook assemblies can fail, causing the tree stand and user to faller to the ground.

The recalled models have the date "2012" on the round ID tag located on the crossbar beneath the seat. The following model numbers are involved in this recall: RE500, RE501, RE503, RE504, RE506, RE50, RE510, RE511. Consumers can find the model numbers on a black sticker on the seat post just below the seat.

The recalled stands were sold at sporting goods stores nationwide from May 1, 2012 to September 1, 2012. If you have any questions, contact attorney Terrance Massey at Jones Ward PLC. He can be reached by phone at 502-882-6000 or by email at tj@jonesward.com.

Hatsan USA Inc. has issued a recall for its Hatsan Striker Air Rifles. According to the company, the air rifles can fire unexpectedly when closing the action during the cocking process. Thankfully, no injuries have been reported.

The recall involves Hatsan Striker air rifles that shoot pellets. The recalled rifles were sold nationwide in three styles: black, camouflage (shown below), and brown. The rifles measure 43 inches in length and come with a black scope. "Striker" is printed on the top of the gun's barrel. The recalled rifles serial numbers begin with one of the following: 0511, 0811, 0911, 1011, 0112, 0212, 0312, or 0412. Consumers can find the serial numbers on the rifle's barrel block.

Consumers should stop using the recalled rifles immediately and make sure the gun is unloaded. For more information, contact attorney Terrance Massey at Jones Ward PLC. He can be reached by phone at 502-882-6000 or by email at tj@jonesward.com.

A class action lawsuit filed by the attorneys at Jones Ward PLC takes aim at Higher One, the company that processes student loans for thousands of Kentucky college students.

The class action, filed in U.S. District Court for the Western District of Kentucky, claims that Higher One takes advantage of students with deceptive business tactics and unreasonable fees. For example, Higher One forces students to "opt out" of opening an account with the company in order to receive their student loan money. Once the students have opened an account, Higher One then charges a variety of fees for everyday transactions such as using an ATM machine, or making routine debit card purchases at stores.

You can find a copy of the lawsuit here: Higher One class action lawsuit.pdf. The class action seeks to stop Higher One from using deceptive and unfair marketing tactics with regard to student loans. It also seeks restitution in excess of $5 million on behalf of tens of thousands of Kentucky college students who paid unreasonable fees in recent years.

The plaintiffs in the Jones Ward case include a current University of Louisville law student and a recent U of L law graduate. Higher One has exclusive deals with hundreds of colleges nationwide, and is the subject of similar class actions in other states including Alabama, Connecticut, and Mississippi. In Kentucky, the company has relationships with the University of Louisville, Eastern Kentucky University, Sullivan University, Kentucky State University, and the Kentucky Community and Technical College System. The schools are not named in the lawsuit. If you want to learn more about this class action, or similar cases involving consumer rights, contact Jasper Ward or Alex Davis at Jones Ward PLC at 502-882-6000.