Access To Justice

More than 2,500 stadium light poles installed at schools, parks, stadiums, and playing fields across the country are being recalled by government safety regulators following reports that several have come crashing down in recent years.

The Consumer Product Safety Commission (CSPC) says 11 of the poles made by the now-defunct Whitco Co. of Texas have cracked and fallen over. The poles weigh up to 4 tons and range from 70-feet tall to 135-feet tall.

No one has been injured or killed in any of these incidents, including one where a pole punched through the roof of a school gym and another in which a pole smashed up some outdoor bleachers. However, the CPSC says the falling poles pose a serious safety risk to patrons and bystanders.

The CPSC urges facilities managers to have an engineer inspect the poles as soon as possible and to have them repaired if cracking is at or near the base of the pole is found.

Johnson & Johnson (J&J) is in recall mode once more: Its over-the-counter meds Tylenol, Motrin IB, and Benadryl are being pulled off store shelves yet again due to a musty or moldy odor, according to a company press release.

McNeil Consumer Healthcare, a unit of J&J., will recall 21 lots of these medicines sold in the United States, Fiji, Guatemala, Dominican Republic, Puerto Rico, Trinidad & Tobago, and Jamaica. The move is a follow-up to a massive product recall announced by the company on Jan. 15.

J&J called the latest recall a “precautionary measure” after a continuing internal investigation found packaging for the recalled lots had sat on the same type of wooden pallet that was tied to the presence of the chemical TBA in earlier recalled lots. The company stopped accepting shipments on that type of pallet after the January recall. The current recall involves products made before January.

The Associated Press reports that this is the company’s 8th medicine recall this year. Although there have been reports of illness linked to past recalls including nausea, stomach pain, and diarrhea, according to the AP, the company says the risk of a serious adverse medical event is remote.

This recall is being conducted with the U.S. Food and Drug Administration (FDA).

Drugmaker Depomed recalled 52 lots of its diabetes drug Glumetza after traces of 2,4,6-tribromoanisole (TBA) were found in a package of 500 mg tablets, reports Reuters.

The company said in a regulatory filing last week that the recall was sparked by a product complaint of a musty smell and taste, which is consistent with TBA. TBA can cause mild and passing upset of the stomach and intestines when present in amounts detectable by smell.  The TBA may have been released by the breakdown of a chemical applied to wood in pallets used to transport Glumetza bottles.

The recall does not impact the 1,000 mg formulation. Depomed said it is cooperating with the Food & Drug Administration over the recall, which is precautionary and is not due to risks to patient health.

Interestingly, the recall comes just days after we blogged here that Johnson & Johnson’s McNeil Consumer Healthcare unit added one lot of Extra Strength Tylenol Rapid Release Gels and four lots of Benadryl Allergy Ultratab Tablets to an earlier recall of J&J medications that had been tainted by traces of TBA.

Johnson & Johnson (J&J) is recalling more of its over-the-counter medications. Again.

The health care company issued a press release yesterday announcing a recall of one lot of Extra Strength Tylenol Rapid Release Gels and four lots of Benadryl Allergy Ultratab Tablets. The action by J&J’s McNeil Consumer Health Care unit was characterized as a follow-up to the company’s massive Jan. 15 recall, which “inadvertently” failed to include these products.

The January recall was sparked by consumer complaints of a musty or moldy odor in a variety of medications including Tylenol, Rolaids and St. Joseph’s Aspirin. The company said the odor was linked to the presence of trace amounts of a chemical called TBA (2,4,6-tribromoanisole), which was released by the breakdown of a chemical applied to wooden pallets used to transport and store product packaging materials.

Reuters reports that McNeil has announced four product recalls in the last several months over quality control issues at its plants, which have triggered a congressional investigation as well as citations by the Food & Drug Administration.

More than a million Maytag dishwashers are being recalled due to a potential fire hazard, according to the Consumer Product Safety Commission (CPSC).  Maytag, which is owned by Whirlpool Corp., has received 12 reports of fires resulting from the failure of the dishwasher heating element. No injuries have been reported but one of the fires did cause extensive damage to a kitchen.

The recall involves 1.7 million dishwashers and includes Maytag, Amana, Jenn-Air, Admiral, Magic Chef, Performa by Maytag and Crosley brand machines with plastic tubs. The dishwashers under recall were manufactured with black, bisque, white, silver and stainless steel front panels.

The CSPC recommends that consumers stop using the recalled dishwashers and disconnect the electric supply by shutting off the fuse or circuit breaker controlling it.

News developments that we’ll be watching at Sokolove Law:

The Boy Scouts of America – in what may be a record award against the youth organization – must pay $18.5 million in punitive damages to a man sexually abused by a former assistant scoutmaster more than 20 years ago, according to the Associated Press. The AP writes that the verdict marks the second time the Oregon jury found for plaintiff Kerry Lewis in the case; on April 13 the jury awarded him $1.4 million in compensatory damages in the trial’s first phase after determining the Scouts were negligent in allowing the scoutmaster to have contact with scouts, including Lewis, after he told a Scouting official he had molested other boys. The case is the first of a string of six sexual abuse lawsuits filed against the Scouts in the same Oregon court.

Millions of credit card holders remain vulnerable to the threat of  “forced arbitration,” according to a new report from the non-profit National Consumer Law Center.  The report says creditors and debt collectors use mandatory predispute arbitration clauses to deny consumers their rights, win nine out of 10 arbitration cases, and take shortcuts to garnishment of wages and attachment of bank accounts. The practice, common in the credit card industry and others, has come under scrutiny after the exposure of secret financial ties between National Arbitration Forum, a leading “impartial” arbitrator, and Mann Bracken, a major debt collector, according the report.

Covidien is voluntarily recalling some of its tracheostomy tubes, which are used to help patients on ventilators keep breathing. The company says it is recalling certain cuffed ShileyTM tracheostomy tubes and Custom/Specialty tracheostomy tubes because their cuffs were not holding air as a result of leaks in the pilot balloon inflation assembly. This could result in a sudden decrease in the amount of oxygen in the blood or a sudden increase in the amount of carbon dioxide.

Keep those you love protected from harm.  At Sokolove Law, we’re here to help.

News developments that we’ll be watching at Sokolove Law:

In a victory for homeowners who are dealing with defective Chinese drywall, a federal judge today awarded seven Virginia families $2.6 million in damages for homes they claimed were ruined by the foul-smelling building material, according to the Associated Press.

Chinese drywall has been associated with the release of toxic sulfur compounds that smell bad, damage appliances and wiring, and may cause sickness. Problems with the material have been reported by thousands of homeowners, mostly in Florida and other southern states.

The AP reports that the decision by US District Judge Eldon Fallon is likely to set the standard for making a tainted home livable again. His ruling – which did not cover possible health effects — called for the homes to be gutted and all the bad drywall to be removed as well as anything damaged by its corrosive effects.

The plaintiffs sued Taishan Gypsum Co. Despite the ruling, it may not be easy for the families to collect: China does not enforce US civil judgments, writes the AP.

Credit checks have become a standard hiring practice that many job hunters must undergo. However, employers need to use caution when doing credit checks on potential applicants, according to the Equal Employment Opportunity Commission. The EEOC says in an advisory letter that the use of such credit checks could be unlawful if they screened out protected groups such as women and minorities.

Product Recall: Consumers should be aware of a nationwide recall involving Camolyn eye drops and Fisiolin nasal drop from US Oftalmi Corp. Some of the products may not be sterile and could cause eye infections, according to the Food and Drug Administration.

An Associated Press article says that the number of reported baby deaths linked to defective Simplicity cribs has risen to 11 total, including a September incident in which a 7-month-old died after part of a crib broke.  The Consumer Product Safety Commission said yesterday that 11 babies have died, according to AP; earlier recall announcements had reported only three deaths.  The recall of Simplicity-manufactured drop-side cribs began in December 2005, writes the AP. Hardware problems have led to more than 2 million being recalled.

Taking antidepressants may  slightly raise the risk of stroke and death in older women who take these medications, according to a new finding from the Women’s Health Initiative study. A
WebMD report says the study found that stroke risk was greater in postmenopausal women who took selective serotonin reuptake inhibitor (SSRI) antidepressants, although their overall risk was still very low.  Older women who took SSRI or tricyclic antidepressants also had a slightly higher risk of dying from all causes, compared to those who did not take the drugs, writes WebMD.

Recent Recalls

Around 22,000 toy dart guns sets are being recalled after an 8-year-old child who chewed on one of the darts died after it became lodged in his throat. The Consumer Product Safety Commission says that OKK Trading, which imported the Action Team play set, is voluntarily recalling the toy, sold at discount department stores nationwide from December 2006 through March 2008.

A nationwide recall of eleven lots of Cleviprex (clevidipine butyrate) injectable emulsion, indicated for treatment of hypertension, was announced yesterday by The Medicines Company and the Food and Drug Administration (FDA).  The product was recalled due to the potential presence of inert stainless steel particles. The particles could theoretically reduce blood flow in capillaries, cause mechanical damage to some tissues, or initiate acute or chronic inflammatory reactions. Reduced blood supply to tissues may lead to ischemia or organ insufficiency in the brain, kidney, liver, heart or lungs, according to the FDA.

The U.S. Consumer Product Safety Commission in cooperation with Bad Boy Enterprises yesterday announced a recall of 3900 of the company’s Classic Buggies (pictured below right). The off-road vehicles can evidently accelerate without warning posing a risk of injury, according to the CPSC’s press release.

Bad Boy Enterprises has received 32 reports of unexpected acceleration, including reports of injuries such as a fractured toe, rotator cuff injury and sore muscles.

The buggies were sold nationwide from June 2007 through July 2009 for about $10,000.

The CPSC offered the following description of the recall:

“This recall involves Bad Boy Buggy Standard model off-road utility vehicles. The Bad Boy Buggy Standard model has one row seat that allows two persons (the driver and passenger) to sit side-by-side while the vehicle is operated. The Standard has an open air design (no doors or windows), but has a roof. The Bad Boy Buggy Standard models come in Realtree camouflage pattern, Hardwoods camouflage pattern, hunter green, red and black colors. The affected models have serial numbers between 85004828 and 95010404. The serial number is located on a sticker in a cubby on the driver’s side.”

According to the CPSC, consumers should immediately stop using the buggies and contact their Bad Boy Buggy dealer for a free repair. If you’ve been seriously injured by using this product you may be entitled to compensation for your injuries. Please find out more about your legal rights.

In addition, the CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. To contact them, click here.