January 2010 Archives

January 24, 2010

New Mexico Defective Products - Crib Recalls Escalate

Less than a month into 2010, the Consumer Product Safety Commission has already recalled dozens of products - including a massive crib recall of 635,000 Dorel Asia Cribs. The recall came after reports of 10 separate injuries and one infant death as a result of being trapped and strangled by a defective crib. The Dorel Asia crib's drop side hardware can fail, causing the drop side to detach and allow a gap between the crib and mattress where an infant or toddler can become trapped, suffocated or strangled.

With 20 different models being sold at stores throughout the United States, including Walmart and Sears, the potential for more serious injuries and deaths is widespread.

The recent recall is but the latest in a long list of crib recalls. In fact, more than 5 million cribs, bassinets and play yards have been recalled since 2007. These include such popular cribs as the Simplicity Drop Side Crib, Babi Italia Pinehurst and Delta Enterprise Drop Side Cribs, Stork Craft Baby Cribs and Convertible Cribs by Playkids, USA.

As a result of the dangers presented by cribs and bassinets, it's crucial to check resources such as the CPSC's crib information center to see if the crib, bassinet or play yard in your nursery is on the recall list.

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January 13, 2010

New Mexico Dangerous Drugs - Wyeth v. Levine Should Apply To Generic Drugs

In a victory for consumers, last Friday the Fifth Circuit Court of Appeals agreed with the lower court that individuals may sue generic drug makers in state court for the "failure to warn" consumers of of potentially dangerous side effects from taking their drugs. This decision shadows last March's Supreme Court decision in Wyeth v. Levine, which held that federal law did not pre-empt state law failure to warn claims against pharmaceutical companies.

The U.S. Fifth Circuit of Appeals joins a handful of federal district courts that have extended Wyeth v. Levine to cover generic drugs. However, the issue has divided a "rapidly growing" number of district courts which may increase chances of Supreme Court review.

The Tenth Circuit Court of Appeals has not yet weighed in on whether Wyeth v. Levine extends to generic drug manufacturers.

However, as dedicated personal injury attorneys concerned about dangerous drugs, we believe that the right to sue in state court for the failure to warn must apply equally to generic drugs as it does to their name brand counterparts. Any other conclusion would lead to inconsistent results and unjustly deny recourse to those who suffer dangerous side effects as the result of taking generic drugs.

January 4, 2010

Government To Study Effects Of Toxic Burn Pits In Iraq And Afghanistan

Changing his previous stance, Dr. Craig Postlewaite, the U.S. military's senior health protection official has recently admitted that some "service members might suffer long-term medical problems as a direct result of exposure to smoke and fumes from open-air pits scattered throughout Iraq and Afghanistan."

Further, after repeated denial by the U.S Military of any ill effects of burn pit exposure, now comes word that the Department of Defense has finally agreed to study burn pit exposure impact.

"Burn pits" are open-air pits which burn everything from shoes to tires to body parts, exposing anyone nearby to harmful toxins including arsenic, formaldehyde and hydrogen cyanide.

Inhaling burn pit smoke has been linked to acute health effects including rare blood disorders, cancer, eye irritation, pulmonary and respiratory ailments. The DOD study comes on the heels of several lawsuits attacking Halliburton and KBR for their use of these pits. In fact, 32 lawsuits in 32 states have been filed across the country alleging injuries to our service people and military contractors as a direct result of exposure to burn pit emissions in Iraq and Afghanistan.

President Obama has vowed that the burn pits will not become another Agent Orange.

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