Access To Justice

News developments that we’re watching at Sokolove Law:

Cancer-causing sunscreens: Planning on sunning yourself on the beach during Memorial Day? Think again: many sunscreens made with Vitamin A or its derivatives may actually increase your risk of skin cancer, according to a study conducted by the Environmental Working Group (EWG), a nonprofit advocacy organization. EWG researchers base their claim on the initial findings of an FDA study linking a form of vitamin A used in sunscreens to accelerated growth of skin tumors and lesions. The EWG’s annual study examined 500 beach and sport sunscreens and found just 39 products it considered safe and effective to use. The study said most lotions overstated performance claims or used oxybenzone, a hormone-disrupting compound that penetrates the skin and enters the bloodstream.

Rapamune Whistleblower Suit: An amended whistleblower lawsuit claims that Wyeth Pharmaceuticals illegally promoted its kidney transplant drug Rapamune for unapproved use in other non-kidney transplant operations, writes Law360 (subscription required). The complaint alleges that Wyeth (now part of Pfizer Inc.) had its sales reps push Rapamune for use in heart, lung, liver, pancreas, and islet cell transplants although it is only FDA-approved for use in kidney transplants, according to the story. Law 360 reports that the suit alleges that Rapamune, which is used to prevent organ rejection, may worsen or cause certain transplant surgery side effects including liver failure, anemia, and edema. Two Wyeth transplant account managers originally filed the suit in 2005.

Actor Sues Heparin Drug maker: Baxter Healthcare Corp., the maker of the blood thinner Heparin, is the target of a lawsuit filed by Hollywood star Dennis Quaid on behalf of his children, reports Reuters. The suit alleges that Quiad’s newborn twins were given an accidental overdose of Heparin in 2007 due to confusion caused by similar label on different dose of the drug.

Salmonella Spurs Recalls: First it was alfalfa sprouts. Now Romaine lettuce has been linked to possible salmonella contamination. Fresh Express, a subsidiary of Chiquita Brands, is recalling its ready-to-eat salads with expired use-by dates of May 13-16 and an “S” in the product code after a package confirmed positive for salmonella. Salmonella can cause fever, nausea, vomiting, abdominal pain and diarrhea. It can also cause fatal infections in young children and the elderly. The recall extends to California, Michigan, Minnesota, Wisconsin, Louisiana, Nebraska, Montana, Missouri, Iowa, Kansas, Oklahoma, Arkansas, Nevada, Arizona, Colorado, New Mexico, Texas, Oregon, Washington, Alaska, Hawaii, Idaho, Utah, Wyoming, North Dakota and South Dakota. Last week, a salmonella outbreak linked to alfalfa sprouts sickened more than 20 people in 10 states, according to the Food and Drug Administration. The outbreak prompted an urgent nationwide recall of alfalfa products made by Caldwell Fresh Foods and sold under that name as well the Nature’s Choice and California Fresh Exotics brands.

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

It’s the first major reform of its kind in 50 years. No, it’s not the sweeping health care reform bill that passed Congress last month. I’m referring instead to a planned and much needed overhaul of U.S. food safety regulations.

According to a report by Reuters, U.S. Rep. Rosa DeLauro said recently that the Congress will pass an overhaul of food safety and send it to President  Barack Obama this year.  DeLauro, who chairs the House’s Agriculture Appropriations Subcommittee, also said her committee will hold hearings to examine whether new trade agreements negotiated by the United States should include food safety provisions.

DeLauro cited recent massive recalls of sausage and salami as underscoring the need for action. The Reuters article also pointed out some alarming statistics related to food safety:

•    Foodborne illnesses cost the United States $152 billion in health-related expenses each year, according to a recent study.

•    An estimated 76 million people in the United States get sick every year with foodborne illness and 5,000 die, according to the U.S. Centers for Disease Control and Prevention.

Meanwhile, food recalls continue to pop up. Just last month, the FDA issued an alert after Salmonella Tennessee was discovered in one company’s supply of hydrolyzed vegetable protein (HVP), a common ingredient used most frequently as a flavor enhancer in many processed foods, including soups, sauces, chilis, stews, hot dogs, gravies, seasoned snack foods, dips and dressings.

Also in March, Heartland Foods, Inc. announced that it was recalling Coarse Ground Black Pepper because of possible Salmonella contamination. In January and February more than 1.24 million pounds (562,500 kilograms) of pepper-coated salami and other meat products were recalled because they may have been contaminated with salmonella.

Here’s the bottom line.  We have a food safety crisis in this country.  It is high time Congress steps in and takes action. Until it does, too many Americans will be harmed simply because they took for granted the food they picked up off a grocery store shelf.

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

GlaxoSmithKline could face billions of dollars in potential liability from personal injury lawsuits stemming from its diabetes drug Avandia, according to a Reuters report.  The news service said that UBS cut its price target for Glaxo and estimated the company’s potential liability to range “below the midpoint of the $1-$6 billion range forecast by legal experts.” Around 13,000 lawsuits have been filed in connection with Avandia.

Last month a US Senate committee released a report saying that Glaxo knew of possible cardiac risks associated with Avandia for years before such evidence became public. Glaxo rejected the Senate report findings and said the drug is safe.

An advisory panel convened by the Food and Drug Administration (FDA) said on Friday that insulin pump problems were more likely the result of user error than device defects, according to Reuters. Insulin pumps are used by diabetics to regulate their blood sugar. A defective pump could lead to improper blood sugar levels, a potentially fatal problem. Earlier this week the FDA said there were problems with the pumps across the industry and called together a panel of outside experts to discuss ways to minimize the risk from defective pumps and to improve how pump makers report and investigate the problems.

Shoppers may want to consult with an FDA recall website before heading out to do the grocery shopping this weekend. That’s because thousands of products containing hydrolyzed vegetable protein (HVP) made by Basic Food Flavors Inc. may be contaminated by Salmonella, according to the federal agency. WebMD writes that so far there have been recalls of 56 processed foods ranging from dips to soup mixes and the list is expected to grow. No illnesses have so far been reported. Concerned consumers can go to an FDA web site to learn about recalled products. The site will be updated as new recalls are issued.