The U.S. Consumer Product Safety Commission (CPSC) has issued a recall notice for more than two million cribs. Concern is growing over the safety of certain “drop-side” and “fixed-side” cribs and their potential to harm young children. Research conducted by the CPSC, revealed that certain brands of cribs, contained a potentially dangerous defect that allows a baby’s head to become trapped, leading to an increased risk of suffocation and strangulation. The CPSC is urging parents and care providers to check to see if their crib is part of the nationwide recall, and if so, immediately stop using the product. Recalled brands include Child Craft, Delta Enterprise Corp., Evenflo, Jardine Enterprises, LaJobi, Million Dollar Baby, and Simmons Juvenile cribs manufactured since 2000. Full details are available from http://www.cpsc.gov or from the manufacturers website.

Posted by Seth A. Katz at 04:57 PM | Permalink | Comments (0) | TrackBacks (0)

According to the Physicians Insurers Association of America, Emergency Department doctors are among the most likely groups of medical professionals to be sued for medical negligence. Other “at risk” groups include obstetricians, surgeons and internists. Given the high-pressure surroundings of an emergency room, it is unsurprising that doctors make mistakes, but when they do the results can be devastating. Earlier the month, a jury in South Carolina awarded $3 million to the family of a patient who died after receiving treatment at Grand Strand Regional Medical Center in 2002. The woman, who had been diagnosed with kidney stones, went into septic shock and died after physicians underestimated the seriousness of her condition.

Posted by Seth A. Katz at 04:52 PM | Permalink | Comments (0) | TrackBacks (0)

The Food and Drug Administration (FDA) has warned consumers to stop using Magic Power Coffee, an instant coffee being sold as a dietary supplement for sexual enhancement. According to FDA research Magic Power Coffee contains dangerous ingredients that may interact with other prescription drugs. The coffee, which contains a similar active ingredient to that in Viagra, can also cause a dangerous drop in blood pressure in some individuals. Magic Power Coffee is predominantly on websites such as www.craigslist.org. Concerned consumers should contact their doctor and visit the FDA website www.fda.gov

Posted by Seth A. Katz at 05:26 PM | Permalink | Comments (0) | TrackBacks (0)

According to a survey conducted by the medical journal Pediatrics, more than 50% of physicians admitted making a diagnostic error at least once or twice per month. More than thirteen hundred professionals participated in the confidential survey, with more than 45% also admitting that their errors had actually harmed patients. The frequency of error for trainees was 77 percent. The most common errors were, failure to evaluate a patient’s history, failure to conduct a physical exam, and failure to chart a review of treatment. The survey also identified a lack of patient care coordination and teamwork as a cause of medical system failure.

Posted by Scott J. Eldredge at 09:38 AM | Permalink | Comments (0) | TrackBacks (0)

San Francisco has become the first city in the nation to require all mobile phone retailers to display the amount of radiation emitted from their headsets. The new law, which was passed on Tuesday, June 16, has received a mixed reaction from consumer protection groups and the telecommunication industry. Many consumer groups have welcomed the introduction of the legislation, declaring it a major victory for cell phone shoppers. Some industry bodies have voiced concern that the move will damage commerce. Specifically the new law requires mobile phone retailers to list the specific absorption rate (SAR) of a device. Currently phones sold in the United States must not have a SAR rate greater than 1.6 watts per Kg. The scientific and medical community remains divided as to the potential dangers of radiation omitted from mobile

Posted by Seth A. Katz at 09:35 AM | Permalink | Comments (0) | TrackBacks (0)

The Food and Drug Administration (FDA) has announced that it intends to continue to investigate the hypertension drug Benicar after two new clinical trials revealed an increased risk of heart attack, stroke or cardiovascular related-death in some patients. Benicar, also know as olmesartan in its generic form, belongs to a family of drugs known as angiotensin receptor blockers. Two recent clinical trials revealed that patients taking Benicar, as a treatment to slow kidney disease, were at greater risk of cardiovascular-related death when compared to those who were given a placebo. The FDA says that it will continue to monitor the situation but believes that the benefits of taking Benicar outweigh any potential risk - for now.

Posted by Seth A. Katz at 09:01 PM | Permalink | Comments (0) | TrackBacks (0)

Research from the University of California, has revealed a possible link between a rise in medication errors, and the arrival of new resident doctors in hospitals. Analysis of more than 240,000 death certificates issued between 1979 and 2006, focusing on mediation errors as the cause of death, found that fatal medication errors spiked in July when compared to other months of the year. The study raises some important issues, including the possible need to reevaluate the responsibilities assigned to new resident doctors and the levels of supervision required.

Posted by Scott J. Eldredge at 02:44 PM | Permalink | Comments (0) | TrackBacks (0)

The Minnesota Court of Appeals has upheld a verdict of medical malpractice and awarded more than $9.5 Million to a child who cerebral palsy as result of an induced birth. A jury found Ortonville Area Health Services and others responsible for the child’s injuries. The jury also found a doctor negligent in failing to disclose to the parents of the child the extent of the risks involved in the child's treatment - a treatment which, under the circumstances, any parent would have reasonably been expected to refuse. The jury attributed 70% negligence to the doctor and 30% to Ortonville Area Health Services.

Posted by Scott J. Eldredge at 08:42 AM | Permalink | Comments (0) | TrackBacks (0)

A Jury in Georgia has awarded more than $300,000 in damages to a man injured in a rollover accident involving a Yamaha Rhino utility-terrain vehicle (UTV). The verdict is believed to be the first successful personal injury lawsuit brought against Yamaha in connection with the Yamaha Rhino and its alleged safety problems. The verdict is certain to have implications for the hundreds of other pending lawsuits filed across the country. Litigation against Yamaha is centralized as part of a multidistrict litigation (MDL) in the U.S. District Court for the Western District of Kentucky. In a statement, Yamaha said it was “disappointed by the jury’s decision to find for the plaintiff in this case and will pursue all appropriate legal remedies, including possible appeal.”

Posted by Holly Baer Kammerer at 02:39 PM | Permalink | Comments (0) | TrackBacks (0)

General Motors is recalling 1.5 million cars over fears that a heated washer system could potentially pose a fire risk. Problems with the heated washer system were first reported in 2008, but an investigation was quickly closed after GM dealers "fixed” the problem with the installation of a fuse in the wiring system.

This latest recall is for a similar problem, and affects the same vehicles originally recalled in 2008. However, since the first recall, the supplier of the heated washer system has since stopped manufacturing some of the component parts, forcing GM to ask customers to return their vehicle to have the washer system completely disabled. GM has agreed to make a voluntary $100 payment to customers for the loss of the feature.

Models included in the recall are:
2006-2009 model year Buick Lucerne; Cadillac DTS; Hummer H2; 2008-2009 model year Buick Enclave; Cadillac CTS; 2007-2009 model year Cadillac Escalade, Escalade ESV, Escalade EXT; Chevrolet Avalanche, Silverado, Suburban, Tahoe; GMC Acadia, Sierra, Yukon, Yukon XL; Saturn Outlook; and 2009 Chevrolet Traverse.

Posted by Seth A. Katz at 12:35 PM | Permalink | Comments (0) | TrackBacks (0)

A Jury in Georgia has awarded more than $300,000 in damages to a man injured in a rollover accident involving a Yamaha Rhino utility-terrain vehicle (UTV). The verdict is believed to be the first successful personal injury lawsuit brought against Yamaha in connection with the Rhino UTV and its alleged safety problems. The decision is certain to have implications for the hundreds of other pending lawsuits filed across the country. Lawsuits against Yamaha are centralized in a multidistrict litigation (MDL) in the U.S. District Court for the Western District of Kentucky. Following the trial Yamaha issued a statement saying that it was “disappointed by the jury’s decision to find for the plaintiff in this case and will pursue all appropriate legal remedies, including possible appeal.”

Posted by Holly Baer Kammerer at 11:09 AM | Permalink | Comments (0) | TrackBacks (0)

Michael Burg, founding shareholder of Burg Simpson, has obtained one of Colorado's largest jury verdicts in 2009. Jury Verdict Reporter of Colorado’s Top 10 Jury Verdicts of 2009, ranks Mr. Burg's victory in James River Insurance v Rapid Funding among the state's largest, after the U.S. District Court awarded Burg Simpson’s client, Rapid Funding, $5.3 million in May 2009. The case is currently the subject of an appeal; however Mr. Burg commented, “You never know what the Court of Appeals will do, but we are very confident that the original verdict will be upheld. We do not believe that there were any errors in the trial Judge's rulings.”

Posted by Kerry N. Jardine at 08:23 AM | Permalink | Comments (0) | TrackBacks (0)

If you are involved in a lawsuit, you would be well advised to be careful about posting comments, pictures or videos to social networking sites such as Facebook, MySpace, Twitter and the like. Realize that posts that are purely "personal" in nature may be made public during a trial and that "private" communications hosted on third-party sites may be subject to discovery and use by the defense in litigation. Always take precautions to limit the amount of personal information a potential investigator can see. Remember, what may seem like a harmless “tweet," may actually be used in litigation against you!

Posted by David P. Hersh at 02:47 PM | Permalink | Comments (0) | TrackBacks (0)

Burg Simpson shareholder, David Hersh, has been quoted in an article published in The Washington Post. Mr. Hersh was quoted by The Post addressing issues of privacy in the context of social networking sites and their increasing importance in litigation cases. Mr. Hersh commented on a recent Burg Simpson personal injury case brought against Wal-mart, GE and Eaton Industries, in which the defense used subpoenas to uncover personal information posted through Facebook, MySpace, Meetup.com, in an attempt to defend Mr. Hersh's client's claim. Much of the information uncovered was purely personal in nature and had no direct relationship to the issues in the case.

The full story appears here.....

Posted by David P. Hersh at 12:40 PM | Permalink | Comments (0) | TrackBacks (0)

According to The National Quality Forum (NQF), medical-related harm has risen from the eighth leading cause of death in United States, to the third leading cause since 1999. In a recently published report, The Safe Practices for Better Healthcare – 2010 Update, the NQF acknowledges that while medical-harm is never intentional, instances of harm can almost always be avoided. The Safe Practices for Better Healthcare – 2010 Update, identifies 34 practices effective in reducing the occurrence of medical-related harm. Included within the list are actions relating to medication management and the prevention of healthcare infections. More information is available from the NQF’s website.

Posted by Scott J. Eldredge at 08:26 AM | Permalink | Comments (0) | TrackBacks (0)