Access To Justice

A voluntary recall of about 3,000 Kawasaki KFX700 “V-Force” ATVs was issued today by the Consumer Product Safety Commission (CPSC) and Kawasaki Motors Corp. The throttle cable adjuster on the carburetor can loosen during operation, causing it to stick, which can cause the rider to lose control and possibly crash. One incident of a rider suffering minor injuries as a result of this hazard has been reported.

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Two lots of an injectable form of ibuprofen have been recalled for failing to meet a visible particulate quality requirement. The voluntary recall by Lundbeck Inc. of NeoProfen (ibuprofen lysine) Injection will result in a temporary shortage of the drug, which is used to treat a heart condition called patent ductus arteriosus in premature infants. Particulate matter can block blood vessels, potentially triggering serious or fatal health complications.
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Prescription blood thinner Coumadin (warfarin) is being recalled by Bristol-Myers Squibb Co. since the level of its active ingredient, isopropanol, may shift over time, according to the Associated Press.

No side effects have been reported and the recall is being done as a precaution. The AP reports the recall involves more than 144,000 1-miligram tablets of Coumadin that were distributed in blister packs with expiration dates from June 2011 to November 2012.

Coumadin is used after surgery to avoid blood clots. However, Bristol-Myers told the AP that too much isopropanol could increase a patient’s chance of bleeding; too little could increase a patient’s risk of clots.

Planning to start the 4th of July with a bang? Then you’ll want to make sure that the fireworks you’re lighting weren’t among those recalled by the Consumer Product Safety Commission (CPSC) earlier this week.

The CPSC announced a voluntary recall of 4,700 Super Lightening Rockets because they contain too much explosive. The rockets were sold at fireworks stands and stores in Florida, Indiana, Pennsylvania and Michigan from November 2009 through June 2010.

No injuries have been reported. However, setting off these fireworks could result in a larger than expected explosion, which poses a possible risk of burns or other injury to users or bystanders.

Distributed by Big Fireworks, the fireworks are wrapped in black paper with a background of solar system and the writing “Super Rocket,” in assorted colors. They were sold in four-packs, and have item number GCR3150 printed on the package and on the rocket.

Sokolove Law wishes you a happy and safe 4th of July.

Uh, oh SpaghettiOs: The popular kid’s canned pasta is being pulled off store shelves by Campbell Soup Co.  The recall involves approximately 15 million pounds of “SpaghettiOs with Meatballs” products that may contain under-processed meatballs, according to the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS).

Campbell discovered the problem through a routine warehouse inspection and subsequent investigation. FSIS has received no reports of illnesses from consumption of these products.

Three varieties of the pasta are being recalled: SpaghettiOs with Meatballs, SpaghettiOs A to Z with Meatballs, and SpaghettiOs Fun Shapes with Meatballs (Cars). The recalled products bear the establishment number “EST 4K,” as well as a “Use By” date between June 2010 and December 2011 on the bottom of each can.

The recall comes as Congress is moving toward updating legislation around food safety.

Lobster lovers take notice: Several brands of fresh or frozen lobster meat are under recall after tests found possible bacterial contamination, according to the Food and Drug Administration (FDA).

The Portland Shellfish Company is voluntarily recalling its Portland Shellfish Co. Inc brand, Claw Island, Craig’s All Natural, and Inland Ocean cooked, fresh or frozen lobster claw and knuckle meat due to possible contamination with Listeria monocytogenes. The recalled products were distributed nationwide, according to the FDA.

Listeria is a microorganism that can cause serious or fatal infections in young children, the elderly, and others with weakened immune systems. Listeria infection can also lead to miscarriages and stillbirths. Short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea may be experienced by healthy people.

If you or someone you love has experienced severe symptoms of food poisoning, you may have legal rights.

Three intravenous medications–metronidazole, ciprofloxacin and ondansetron–made by Claris Lifesciences are under recall due to possible contamination, according to a public health alert issued by the Food and Drug Administration (FDA).

The FDA said it has received reports of floating matter in IV bags manufactured by Claris in Ahmedabad, India. In one instance, a microbiological analysis of white material found in a bag of metronidazole identified the Cladosporium mold. Molds can cause infections in susceptible patients, especially those with compromised immune systems.

Metronidazole and ciprofloxacin are antibiotics; ondansetron is used to treat nausea and vomiting associated with chemotherapy or surgery.

The recall only affects metronidazole, ciprofloxacin, and ondansetron in IV bags made by Claris and sold under the Claris, Sagent, Pfizer, and West-Ward Pharmaceuticals labels. The FDA is telling doctors and health professionals not to use these products.

Johnson & Johnson (J&J) is on the hot seat today.

Congressional leaders will grill the company at a hearing held by the House Committee on Oversight and Government Reform over its recall of Tylenol and other children’s medicines made by J&J subsidiary McNeil Pharmaceuticals. But the J&J’s woes don’t end there. The Food and Drug Administration (FDA) will testify at the hearing that it is looking at additional enforcement actions against the company, including possible criminal penalties.

Manufacturing problems at the McNeill plant that makes infant and children’s Tylenol, Motrin, Zyrtec and Benadryl spurred J&J to recall a total of 6 million bottles from over 40 different types of medications last month.  According to Reuters, a report released by the committee says the FDA is investigating more than 700 reports of problems – including 30 deaths — with the recalled medications but has failed to find a direct tie so far. The FDA will continue its investigations but officials still say that the risk posed to the public by the recalled products remains remote.

In its testimony before the committee, J&J will outline the steps McNeill will take “to bring its operation back to a level of quality” including improving manufacturing processes and employee training, leadership changes, and comprehensive action plan on quality improvements.

News that we’re watching at Sokolove Law:

Strangulation Hazard Prompts Target Trunk Recall: Retailer Target voluntarily recalled 350,000 woven storage trunks following reports that the lid can slam down and seriously injure or strangle small children, according to the Consumer Product Safety Commission (CPSC). The CPSC has received two reports of injuries involving children who were hurt when the lid suddenly closed, including a tragic incident in which the lid came down and pinned an 18-month old by her neck, reportedly causing brain damage. Consumers should immediately stop using the trunks and return them to Target for refund or replacement.

Hospitals Fined for Medical Errors: Nine California hospitals where medical errors occurred that killed or injured patients are being fined by the state’s Department of Public Health, according a Los Angeles Times report. State officials are also demanding that the hospitals submit plans to address the problem of medical errors.  The Times identified the facilities as: Mission Hospital Regional Medical Center; Hi-Desert Medical Center; Parkview Community Hospital; Pomerado Hospital; Scripps Green Hospital; Rady Children’s Hospital; Tri-City Medical Center; Alameda County Medical Center; and Marin General Hospital.

BP Declines to Switch Oil Dispersant:  BP so far has rejected the Environmental Protection Agency’s order that it use a less toxic dispersant to clean up oil spilling into the Gulf of Mexico from the leaking Deepwater Horizon well, writes the Associated Press. The petroleum company says the dispersant Corexit is the “best option for subsea application.” Elected officials and environmentalist have raised questions about the dispersant, which is being used in massive amounts under the sea to break up oil. The AP story notes that safety documents indicate Corexit can cause eye, skin, or respiratory damage in humans with prolonged exposure.

Prepaid Calling Card Settlement: Chalk up another win for the Federal Trade Commission (FTC) in its battle against fraud in the prepaid calling card industry. The FTC announced it reached a $500,000 settlement with Diamond Phone Card last week. The agreement bars Diamond from misleading consumers about the minutes provided by its calling cards and requires that all fees be clearly disclosed. In a 2009 complaint, the FTC alleged that Diamond made false claims about the number of calling minutes its cards deliver, and that it failed to properly disclose “maintenance” and other hidden fees to consumers.

HP Notebook Batteries Recalled: Tech giant Hewlett-Packard says it is voluntarily recalling about 54,000 lithium-ion batteries used in some of its HP and Compaq notebook computers due to concerns that the batteries could overheat and pose a potential fire and burn hazard to consumers. The CPSC’s press release describes the current action as an expansion of last May’s recall of 70,000 notebook batteries by HP. Since that time, the company has received 38 reports of overheating batteries that ruptured, resulting in 11 cases of minor injuries and 31 cases of major property damage.  Lithium-ion batteries have been recalled on several occasions for overheating problems.

Men treated with some common prostate cancer drugs may face an increased risk of diabetes, heart problems, and stroke, according to a preliminary safety review of these drugs by the Food and Drug Administration (FDA).

The agency said its review focused on several studies of Gonadotropin-Releasing Hormone (GnRH) agonist drugs, which help shrink prostate tumors or slow cancer growth by lowering the level of male hormones.  These drugs are sold under the brand names Lupron, Zoladex, Trelstar, Viadur, Vantas, Eligard and Synarel.

The FDA stressed that its review is ongoing and that it has not come to any conclusions about GnRH agonists and whether they increase the risk of diabetes and cardiovascular disease in patients receiving these medications for prostate cancer. While patients should be monitored for diabetes and cardiovascular disease, they should not stop their treatment with GnRH agonists unless told to do so by their healthcare professional.

Chrysler’s 2007 Dodge Caliber is the subject of an investigation by the National Highway Traffic Safety Administration into potential issues with sticky accelerator pedals, according to a company statement. The NHTSA is following up on customer reports of the problem; its initial investigation covers about 161,000 vehicles, reports The New York Times Wheels blog. Chrysler says it is not aware of any related accidents or injuries. The Times also reports that the CTS Corporation, which made the Caliber pedals, also produced the pedals on the 2.3 million Toyotas that were recalled earlier this year for sudden acceleration problems.

Recall Roundup

A head’s up for parents: McNeil Consumer Healthcare announced a voluntary recall of certain infant and children’s Tylenol, Motrin, Zyrtec, and Benadryl liquid medicines due to manufacturing deficiencies that may affect their quality, purity or potency. In a news release, the Food and Drug Administration (FDA), which is working with McNeil, said some of the products may contain a higher concentration of the active ingredient than specified; others contain inactive ingredients that may not meet internal testing requirements; and others may contain tiny particles. The FDA is advising consumers who purchased these recalled products to discontinue use even though there have been no reports of adverse reactions and the potential for serious medical problems is remote.

American Honda Motor Co. announced a recall of about 167,000 Acura TSX vehicles to replace a power steering hose that could potentially crack due to high temperatures and allow leaking steering fluid to ignite a fire on hot exhaust components under the hood. The company said it is aware of one fire that has been reported so far. The cars affected are 2004-2008 models with the 2.4L inline 4-cylinder engine.  The company is offering a free repair that involves installing a new power steering hose, o-ring gasket and fluid.

Yamaha Motor Corp. has recalled 10 models of all terrain vehicles (ATVs) because the steering column support assembly can crack leading to a loss of driver control, which creates a risk of injury or death. The company has received 19 reports of incidents involving the recalled ATVs. No injuries have been reported.  The recall involves about 20,000 non-power steering models. The Consumer Product Safety Commission urges consumers not to ride these vehicles and to contact the dealer for a free repair.