Columbia Personal Injury Lawyer - All Topics - Most Commented

The gloves come off in the debate over defective Chinese Drywall

Amanda Wick — Tue, 07 Apr 2009 12:50:54 GMT

Today, in an article on newsinferno.com, Senator Bill Nelson (D-FL) called for the resignation of Nancy Nord, head of the Consumer Products Safety Commission (CPSC), because of the CPSC's failure to respond to Florida’s drywall problems.

Nelson is quoted as saying, “The CPSC has the legal authority to stop the importation of this stuff and to cause a recall and utilize their legal authority to exact penalties and to seize the assets of these companies. Now, that’s what I have asked them to do... The CPSC ought to exert their powers, now the problem is, you’ve got a chairman, Nancy Nord that just is not doing their job and the administration is going to have to replace her with somebody that will.”

While the CPSC sent a five-member team to investigate in Florida, Nord's position is that it is too soon in the process to issue a recall.

Interestingly, the Chinese government has apparently launced its own investigation into the defective Chinese drywall and has told news sources that the Chinese FDA-equivalent is “very concerned” about the allegations made regarding the material.

While problematic reports have so far only come out of Florida, Louisiana, Alabama, and Virginia, the drywall was also imported through ports in California, Mississippi, Texas, South Carolina, North Carolina, New York, Georgia, Washington, Pennsylvania, and New Jersey. As summer approaches and temperatures rise, so likely will the number of reports in warm, humid locales as these are factors that exacerbate the drywall emissions.

Originally posted at InjuryBoard by Amanda Wick

ETHEX Recalls Continue

Amanda Wick — Thu, 12 Feb 2009 10:24:49 GMT

ETHEX CORPORATION and KV Pharmaceuticals Continuously Expand List of Recalled Drugs

If you've been watching the news or FDA recalls list lately, a name that pops up over and over again is ETHEX Corporation. Over the past several months, Ther-Rx Corporation and ETHEX Corporation, subsidiaries of KV Pharmaceutical Company, have issued urgent, nationwide recalls of several products due to their potential harm to consumers.

In November 2008, ETHEX Corporation issued a voluntarily recall of specific lots of at least four generic pharmaceutical products that it markets. These included:

Morphine Sulfate Extended Release Tablets (15 and 30 mg)
Dextroamphetamine Sulfate Tablets (10 mg)
Propafenone HCl Tablets (150, 225, and 300 mg)
Isosorbide Mononitrate Extended Release Tablets (30 and 60 mg)

According to the Food and Drug Administration, these lots were recalled due to the possibility that they may contain oversized tablets. These oversized tablets potentially contain more than the intended levels of the active drug ingredient, which can result in patients receiving nearly twice the prescribed dosage of the drugs. Overdoses of these drugs can have serious or life-threatening consequences which can include: irregular heartbeat, dangerous changes in blood pressure, fainting, difficulty or lack of breathing, and rapid heart rate.

A list of recalled drugs can be found by visiting the FDA website. Although the recall was originally issued at the wholesale level, it was expanded to the retail level in February 2009. This resulted in consumers receiving letters from their pharmacies that their drug had been recalled. However, by the time the pharmacy sent out the letter, patients had often already consumed the prescribed drugs and had thrown away the medication bottles. Please note that if you are taking a drug that is recalled, keeping your empty prescription bottles can be vital to the process of establishing causation between any injury you suffer and the recalled drug. Sadly, often the letters come out after a recall is issued and in some cases, after patients have taken the oversized drugs and have suffered illnesses or died.

The ETHEX recall debacle continued when, in January 2009, the ETHEX Corporation recalled an additional set of drugs because the products may have been manufactured under conditions that did not sufficiently comply with current FDA guidelines on Good Manufacturing Practices (GMPSs). The FDA guidelines on GMPs regulate various aspects of production including the design, manufacturing, packaging, labeling, storage, and installation of a product. These guidelines can be found on the FDA’s webpage. While some violations can be as small as improper packaging, other violations can cause the pills to be defective including coating that might be too thin, an active ingredient might be double in strength, and a number of other problems that could cause injury to consumers.

The ETHEX Corporation expanded its recall in February 2009 to include several prenatal and iron supplements. Recalls and letters issued to retailers and consumers, which contain instructions on how to return recalled products for a refund, can be viewed at the KV Pharmaceutical website.

If you or a loved one is currently taking or has an order in progress for any of the products listed above, contact your prescriber or health care professional immediately. While patients should continue to take medications in accordance with their prescriptions, as suddenly stopping needed medication may also place patients at risk, the best thing to do is to call your doctor immediately.

If you or someone you know was injured as a result of taking these medications, try to retain all documents, receipts and empty medication bottles related to the drug. This includes keeping any letters you may have received from your pharmacy regarding a recall. But especially, try to retain the prescription bottle in which you received the medication. And seek help from an attorney who will preserve your rights.

Originally posted at InjuryBoard by Amanda Wick

Controversy Ridden Accutane Pulled from Pharmacy Shelves

Pete Strom — Tue, 30 Jun 2009 14:52:36 GMT

Roche Holding AG announced last week that it is pulling its popular acne medicine Accutane from the U.S. market citing economic reasons for its decision.

Accutane was released on the market in 1982. It is estimated that about 13 million people took Accutane before the patent expired in 2002, making it Roche’s second-best selling medicine. Roche claims that after the patent expired, it faced serious challenges from its competitors reducing its market share to less than 5%.

Although the company cites economic reasons, Accutane has always been cloaked in controversy. Controversy surrounding the drug first began in the late eighties when Accutane was linked to serious birth defects.

In 2002, Roche and the Food and Drug Administration launched what became an unsuccessful tracking program designed to reduce the number of pregnant women taking the drug. Nearly 80 percent of pregnancies reported by women taking Accutane during the tracking program’s first year ended in elective abortion because of concerns over the high rates of birth defects.

Accutane has also been reported to cause psychiatric problems including depression and suicide. In 2004, lawmakers and Michigan Representative Bart Stupak sent a letter to Health and Human Services urging the agency to take the drug off the market after Stupak’s 17-year-old son committed suicide while taking Accutane four years prior. Lawyers for John Mullarkey, a 20 year old man currently facing murder charges for the death of his 16 year old girlfriend, claim that he was suffering from an Accutane fueled depression when the deaths occurred.

Roche currently faces nearly 5,000 product liability lawsuits. Recently, the company lost several lawsuits to plaintiffs who claimed Accutane caused them to develop inflammatory bowel disease. Juries have awarded over $33 million to multiple victims across the United States.

Accutane has already been pulled from the market in 11 other countries. June 25th, 2009 was the last day for distribution in the United States. Although Accutane is no longer available from Roche directly, it may still be available at pharmacies.

Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles personal injury, criminal defense, defective products, class actions, pharmaceutical liability, toxic torts, medical malpractice, nursing home neglect, workers compensation, social security, veteran's benefits, qui tam, predatory lending, tax investigations, business litigation, and wills and estates. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, Georgia, Florida, and the District of Columbia.

Originally posted at InjuryBoard by Pete Strom

Iovate Pulls Hydroxycut Off Shelves After Death of Young Man

Lauren Decker — Thu, 07 May 2009 14:35:40 GMT

If you’re like me, you may remember the first time you saw a Hydroxycut commercial on television – a blonde vision of beauty rising out of a pool, claiming that she was able to lose weight easily by just swallowing a little pill. I remember thinking to myself, “that seems to good to be true – there must be some kind of catch.”

Predictably, the Food and Drug Administration has recently confirmed there is a HUGE catch to Hydroxycut – liver damage. The FDA recently issued a recall for Hydroxycut products, manufactured and distributed by Iovate Health Sciences Inc., and urged consumers to immediately stop using the popular weight loss pill.

Adverse effects of Hydroxycut products include various levels of liver damage that range from elevated liver enzymes to damage serious enough to require a liver transplant. Signs of liver damage include jaundice, yellowing of the skin or the whites of your eyes, brown urine, nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach or abdominal pain, itching, and loss of appetite.

The recall came after 23 reports of serious injuries and the death of a 19-year-old man in 2007, which shockingly wasn’t reported to the FDA until March of this year.

Dr. Linda Katz, Interim Chief Medical Officer of the FDA's Center for Food Safety and Applied Nutrition, urges consumers to “discontinue use of Hydroxycut products in order to avoid any undue risks. Adverse events are rare, but exist. Consumers should consult a physician or other health care professional if they experience symptoms possibly associated with these products.”

According to the FDA, although serious liver damage is rare, patients who experience these symptoms took the dosage recommended on the product’s label.

Just last year, Iovate sold more than 9 million units of Hydroxycut products, distributed mainly to grocery stores, pharmacies, and health food stores.

Because Hydroxycut products contain a variety of ingredients and herbal extracts, the FDA has yet to determine the cause of the liver problems. But one thing that we have learned from this and other recalls is, if a weight loss drug seems too good to be true, it probably is.

Originally posted at InjuryBoard by Lauren Decker

Federal Government ramps up investigation into defective Chinese Drywall

Amanda Wick — Fri, 27 Mar 2009 10:11:24 GMT

Recently, the Herald Tribune reported that on Thursday, March 26th, federal investigators from the Consumer Product Safety Commission (CPSC) were in Southwest Florida inspecting the electrical systems of at least four homes to further investigate claims of defective Chinese Drywall. While the CPSC has been investigating this for weeks, yesterday marked a huge step in the investigation as it was the first time the federal team went to actually do formal inspections of homes in Florida.

As the article points out, what's really critical about the federal inspection is that if the CPSC ultimately determines that the Chinese drywall poses a safety hazard, the CPSC can issue a recall of ALL the Chinese drywall imported and installed into homes. It can also stop future sales and prevent any more of it from being imported. AND, possibly most important to those homeowners who have already filed suit against Knauf and the makers of the drywall, the CPSC also has subpoena power, which means it can demand that the companies responsible hand over any relevant records from builders, suppliers and manufacturers.

WHAT'S BEING DONE?

Currently, there are at least three lawsuits pending against the makers of the drywall and other involved parties, that could greatly benefit from the CPSC stepping in to assist in gathering evidence. There are at least three federal lawsuits allegining injuries to plaintiffs in Florida, Louisiana, and Alabama. Given reports that a builder in Virginia came forward to acknowledge defective drywall installation in a development there, more are likely to be filed around the country.

IS THIS ONLY A PROBLEM IN FLORIDA?

Concerns are growing that, as new cases are cropping up in Lousisiana and Alabama (states that suffered severe drywall shortages after destruction from hurricanes), this could be a nationwide problem. Past reports by the Herald-Tribune indicate that the drywall was not only imported into Florida and Louisiana, but also came in through ports in California, Mississippi, Texas, South Carolina, North Carolina, New York, Georgia, Washington, Pennsylvania, and New Jersey. It was literally imported all over the country.

And while lawsuits may only have been filed in Florida, Louisiana, and Alabama, this is likely only the beginning. From reading the press on this issue for the last several months, the one thing that is abundantly clear is that no one tested or inspected this stuff before installing it. Distributors, builders, and suppliers appear to have sold and installed it without giving any thought to the fact that drywall imported from China might be as defective as thousands of other Chinese products that have made the news in the last few years. And what is most mind-boggling is that none of them appear to have given a thought to the long-term costs and consequences of a short-term strategy of saving a little money on drywall, rather than using quality products that they knew to be safe.

Given the amount of drywall imported in other states, it would not surprise me to see reports of the defective drywall having been installed in houses nationwide. Because the smell appears to be agitated by heat and humidity (thus the rapid development of problems in Florida), we will likely see more of these cases popping up the closer we get to summer time.

HOW DO I KNOW IF I EVEN HAVE CHINESE DRYWALL?

If your house was constructed in the last four years, you may be at higher risk for having Chinese drywall. The first thing people tend to notice is a smell of burnt eggs, or sulfur, as if something were rotting. However, people have also said it smelled like wood varnish so regardless of what you think it smells like, if something doesn't smell right, do further investigation. (Please note - some people report not smelling anything so if you see other signs, do not disregard them simply because your house does not smell). Surefire ways you can check for the drywall include removing the outlet plates on your wall and checking to see if the copper wires have turned black. Other signs include blackened or broken A/C or refrigerator coils and pitted and/or blacked metal on fixtures. If you have an attic, some people have been able to see the words "Knauf" or "Made in China" on the back of the drywall boards in their attic (though the lack of these does not mean you do NOT have it, since many builders may have only used it on walls and not ceilings). For additional help, contact your local health department or the CPSC.

Originally posted at InjuryBoard by Amanda Wick

Chinese Drywall Makes it to Charleston, South Carolina

Amanda Wick — Wed, 04 Mar 2009 15:21:35 GMT

While it no longer seems like "news" to report something defective being manufactured and imported from China, the most recent problematic product being imported into the U.S. is Chinese drywall.

You may have heard on the news the problems found, and investigations being conducted in South Florida that are tied to problems with “Chinese drywall,” drywall that was manufactured and imported from China. Homeowners who have Chinese drywall in their homes have reported a putrid, “rotten egg” smell, which may cause health problems. In addition, it appears that gas released from the drywall causes corrosion of metals in household appliances. Unfortunately, the humidity and warm climates of areas such as Charleston, South Carolina and Florida, where much of the Chinese drywall was imported, make the odor and potential problems associated with Chinese-made drywall more prevalent.

Last week, Federal investigators with the Consumer Product Safety Commission (CPSC) began investigating in Florida, the first step in a more intense probe into contaminated Chinese drywall. The CPSC and the Environmental Protection Agency (EPA) had been in discussions since January with officials in Florida. But the launch of a formal compliance investigation now brings the full power of the federal government to bear on the problem for the first time.

On Monday, a new class action lawsuit was filed in Florida against Knauf, a German drywall maker, its Chinese units and several U.S. home builders, claiming that the defective product has corroded metal and sickened some homeowners. Knauf is a German company that has two plants in China. The company has acknowledged complaints about odors from some of the drywall from its Knauf Plasterboard Tianjin Co. Ltd. plant. Knauf is conducting its own investigation and believes the problem drywall came from a specific gypsum mine. (Drywall is typically made of a layer of gypsum plaster pressed between two thick sheets of paper, then kiln dried.) Knauf also reports it stopped using the questionable mine in 2006.

Nearly 68 million pounds of drywall manufactured in China were shipped to the United States in 2006, enough to build between 3,000 and 7,500 average-size single-family homes. While a majority of the material entered New Orleans in 2006 after hurricanes Katrina and Wilma in 2005, 18.8 million pounds of Knauf drywall was shipped to Charleston, South Carolina in 2006. The mass importation of Chinese drywall became prevalent when construction materials became low, causing a spike in drywall imports. The increasing demand for building materials coincided with the rise in drywall from China in the marketplace.

Builders who used Chinese drywall, according to the builders themselves, customers and attorneys, include Lennar Corp., Taylor Morrison, WCI Communities, Meritage Homes, Ryland Homes, Standard Pacific Homes and Aubuchon Homes. Homes in South Carolina, especially around the Charleston area, built between November 2005 and November 2006 may contain the drywall. Lennar Corp. alone has several housing projects in South and North Carolina, near Charleston, Charlotte, Greenville and Myrtle Beach.

The Chinese drywall is especially problematic because the smell can permeate into the wood studs and continue to cause problems after it is removed. While some homebuilders are voluntarily assisting homeowners whose homes were constructed with the drywall, others are not. If you or a loved one has suffered from health problems, or has suffered property damage that you believe is a result of Chinese drywall, please contact a health provider for medical attention and an attorney to preserve your rights.

Originally posted at InjuryBoard by Amanda Wick

Federal Tax Credit Spurs Golf Cart Purchases

Pete Strom — Tue, 27 Oct 2009 21:47:51 GMT

Keeping up with the neighbors has a whole new meaning in light of Uncle Sam's generous Federal Tax Credit offered to those who purchase a qualifying electric golf cart on or before December 31, 2009.

The credit provides for between $2,500 and $7,500 depending upon the type of battery used in the LSV (low speed vehicle). Many states, including South Carolina, are offering an additional credit on top of the Federal Tax Credit making the deal even more enticing, and in some cases, practically free.

Although traditional golf carts are not actually covered by the credit, many of the models available look like golf carts, but are actually better equipped for jetting around your neighborhood complete with lights and rear view mirrors.

On average, they can go between 15 and 25 miles per hour and can travel between 30 and 40 miles before needing to be recharged.

There is no limit on the number of electric cars that one can buy, and to qualify you must purchase the vehicle on or before December 31, 2009.

The only caveat is that the LSV must be federally approved or it will not qualify for the credit. We have the list that tells you how to bring joy to your holiday season.

Originally posted at InjuryBoard by Pete Strom

Baby Einstein Videos Recalled

Pete Strom — Tue, 27 Oct 2009 11:01:59 GMT

Baby Einstein, with its vibrant colors and soothing music, is common place in households with small children. Contrary to what the name implies and despite the soothing classical music played throughout the videos, Baby Einstein will not make your children any smarter.

http://www.youtube.com/watch?v=2yd1YckwpKI

Responding to allegations of deceptive marketing concerning its educational nature, the Baby Einstein company is voluntarily recalling all videos purchased between June 5, 2004 and September 4, 2009.

If you purchased a Baby Einstein video during this time period, you are eligible to receive up to four refunds in the amount of $15.99 per video, a Baby Einstein Music CD, or a 25% off coupon for one Little Einstein product at the Disney Store.

Originally posted at InjuryBoard by Pete Strom

Defective Chinese Drywall Lawsuits Press Forward

Pete Strom — Thu, 24 Sep 2009 20:43:12 GMT

Chinese Drywall, a wide flat board used to create interior walls, is alleged to be emitting sulfur-based gases that:

cause your home to smell like rotten eggs,
corrode air-conditioner coils,computer and electrical wiring, and
cause chronic health problems including sinus problems, a scratchy throat, itchy eyes, as well as other symptoms that go away when you leave the home.

As we have reported, all of the pending faulty Chinese Drywall claims have been consolidated into the US District Court for the Eastern District of Louisiana. The assigned Multi-District "MDL" Court held a status conference today in New Orleans, Louisiana. We attended the status conference and are proud to supply you with the following report:

During the status conference, the Court advised that it has posted a markings catalog on its website under the "Drywall MDL" tab. The parties also discussed the vaious pretrial orders, copies of which are available on the Court's website.

In accordance with the Court's request at the status conference held last month, inspections have begun and ten properties have been tested. The protocol for these inspections has been amended and an additional ten homes will be tested.

The court will set bell weather trials for January through March 2010. Bellwether cases are actual trials of a small number of cases selected out of all of the pending cases to offer a picture of what a jury may decide in subsequent cases. It is very clear that the Court wants these cases moving.

The court set the next status conference for October 15, 2009. We will keep you updated.

Originally posted at InjuryBoard by Pete Strom

Apple iPhone 3G Consumer Complaints Abound

Pete Strom — Thu, 20 Aug 2009 15:36:06 GMT

Touted for its speed, strength and performance, Apple released the iPhone 3G and its related 3G-bandwidth, in 2008 promising “twice the speed for half the price” as compared to the original iPhone. The “3G” stands for the third generation in mobile technology.

The new iPhone, advertised to the public as a mobile phone, iPod, and internet communications device capable of providing access to desktop email, web browsing, maps and searching now faces a lawsuit alleging that the device performs much slower than advertised and often connects to AT&T’s much slower Edge 2G protocol rather than the 3G broadband technology promised.

Users claim that they have experienced difficulty in making phone calls and finding good 3G reception resulting in dropped calls even in areas represented to provide excelled 3G coverage. Other lawsuits claim even more problems with the iPhone including short battery life, cracking of the phone casing, and an inability to send MMS messages.

Despite performance issues tied to the 3G iPhone, Apple has made millions of dollars since the phone was released. Apple has an exclusive agreement with AT&T, forcing consumers to select the AT&T network. AT&T requires new users to sign 2 year contracts, binding consumers to a fixed rate. After initial problems with iPhone reception were reported, an upgraded service plan was offered at an additional $10 a month.

In January 2009 a civil complaint, Walters et. al v. Apple Inc., was filed in United States District Court of Northern California, San Jose Division. The complaint alleges that Apple Inc. is conducting unlawful, fraudulent or unfair business practices, breaching express and implied warranties, and violating the Arkansas Deceptive Trade Practices Act.

Apple’s marketing practices are specifically targeted in this lawsuit. The complaint refers to iPhone ads as a “campaign to lead consumers to believe that the iPhone 3G device would properly operate on AT&T’s related 3G bandwidth protocol and offer feaster data services.” However, the lawsuit claims Apple knew the AT&T network could not handle anticipated call volumes and could not perform on the 3G network as described.

This lawsuit claims Plaintiffs have suffered significant damages and seeks equitable relief, costs, and attorney’s fees. This class action potentially involves millions of consumers given that Apple sold 1 million iPhone 3G devices within the first week of its launch.

The Strom Law Firm is currently investigating these allegations for iPhone 3G customers in Illinois, Pennsylvania, Ohio, Michigan, and Colorado. If you own an iPhone 3G and have experienced problems with its speed and reception, contact one of our defective products attorneys today.

http://www.youtube.com/watch?v=vjQpzHzg3AQ

Originally posted at InjuryBoard by Pete Strom