Access To Justice

Pharma giant Merck & Co. is winding down litigation related to its popular arthritis drug Vioxx.  Bloomberg reports the company paid out claims from a $4.85 billion settlement fund to the families of 3,468 Vioxx users who died of heart attacks or strokes.  Vioxx was pulled from the market in 2004 after a study linked it to an increased risk of cardiovascular events.

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Insects, mold, and unwashed hands are just a few of the food safety hazards fans may face when they order a meal at the nation’s professional sports arenas and stadiums, according to an ESPN review of health department inspection reports at these facilities. At 28 percent of the 107 MLB, NBA, NHL and NFL stadiums surveyed, many of the concession stands had at least one “critical” or “major” health violation.

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Consumers may soon be able to take foreign manufacturers of defective or dangerous products to court in the US. A House Panel this week approved the Foreign Manufacturer Legal Accountability Act, which will hold overseas manufacturers legally accountable for injuries in the same way that American manufacturers are held accountable. The legislation was filed in response to a string of defective foreign products from drywall to pet food that has harmed Americans in recent years.

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U.S. Rep. Linda Sanchez  (D-Calif.)  introduced a new bill this week that promises to expand the wage and overtime protections of the Fair Labor Standards Act (FLSA) to home care workers who assist the elderly and the sick with health and other at-home services.

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The Food and Drug Administration (FDA) failed to regulate triclosan and triclocarban, two toxic chemicals present in products such as antimicrobial soap, according to a lawsuit filed by the National Resources Defense Council. The environmental group alleges in its suit that the FDA violated federal law by its delay in establishing safe conditions of use for the chemicals, which can harm reproductive organs and hormones.

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A second family has filed suit against a Pennsylvania school district alleging that camera and tracking software installed on a school-issued laptop were used to spy on a student. The suit, filed on behalf of student  Jalil Hasan, claims that more than 1,000 photos were taken. In February, the family of Blake Robbins also sued Lower Merion School District for spying on students and their families.

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The high turnover rate of nurses’ aides in nursing homes contributes to the crisis in long-term care, according to a recent post in The New Old Age blog at The New York Times. The post notes that researchers have found that turnover is tied to issues with the quality of nursing home care that residents receive.

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More bad news for Toyota: A class action alleging defective headlights on some of Toyota’s Prius hybrids can go forward, according to ruling from a federal judge in Los Angeles. The suit claims the automaker failed to warn customers that the headlights can turn on and off randomly in some of the cars, posing a safety risk. Toyota has recalled 8 million vehicles for various safety problems in recent months, including Prius brake system issues.

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The iPad may be the hottest device  around – but Apple’s latest gadget can’t take the heat. That’s the claim at the heart of a class action filed in federal court by some iPad users. The lawsuit alleges the iPad overheats rapidly when it comes in contact with sunlight or warm air. Apple faces several class actions involving its products.

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You might want to handle cash-register receipts with kid gloves. Why? Consumers (and cashiers) risk BPA exposure from handling cash-register receipts from some retailers, according to a new Environmental  Working Group study. The study found the chemical bisphenol A, which has been linked to health risks in humans, on 40 percent of receipts from McDonald’s, CVS, KFC, Whole Foods, Wal-Mart, Safeway, the U.S. Post Office, and other businesses. Earlier this year BPA, which has been found in baby bottles and processed food cans, was added to the EPA’s chemical concern list.

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