More than 70 former Motorola Inc. employees have filed a lawsuit against the company, claiming that toxic chemicals caused birth defects in their children.

More than 30 children, born to former employees who worked for the company between 1965 and 2007, are alleged to have developed cerebral palsy, blindness, spina bifida and epilepsy among others. The suit also alleges that Motorola management were aware of the potential risks and failed to take action. Individuals injured as a result of exposure to dangerous, hazardous or unsafe working conditions may be entitled to claim compensation and should seek advice from an experienced dangerous workplace attorney.

Posted by Scott J. Eldredge at 11:00 AM | Permalink | Comments (0) | TrackBacks (0)

A report, published in the Journal of the American Medical Association, reveals that more than a quarter of physicians do not feel the need to report an incompetent colleague. The study, which was conducted by the Mongan Institute for Health Policy at Massachusetts General Hospital (MGH), included a survey of some 3,500 family practitioners, pediatricians, cardiologist, surgeons, psychiatrists and anesthesiologist. Only 64% of the 1,900 respondents indicated that they would report an incompetent or impaired colleague. The report's findings raise some serious questions, prompting some analysts to speculate on the medical profession’s ability to self-regulate. Medical errors injure thousands of patients each year, the majority of which are entirely preventable.

Posted by Seth A. Katz at 03:52 PM | Permalink | Comments (0) | TrackBacks (0)

Avandia is to remain on the market after a Food and Drug Administration (FDA) advisory panel majority 'approved' the drug's safety. A 33-person panel was split 21-12 in its decision as to whether or not the drug should be removed from sale, despite concerns regarding Avandia's links to heart attacks and strokes. The FDA is now likely to accept the panel’s recommendation and permit the drug to remain on the market. A decision is expected shortly. Concerns regarding Avandia first came to light in 2007. Since that time GlaxoSmithKline has continually denied that its product is unsafe. However, the company has recently come under intense criticism after serious flaws were exposed in its clinical safety trials.

Posted by Seth A. Katz at 03:49 PM | Permalink | Comments (0) | TrackBacks (0)

A former employee from Michigan is suing Wal-Mart after he was fired for testing positive for medical marijuana. Mr. Casias is seeking compensation for his dismal after he failed a drug test following an accident at work. Wal-Mart took action against Mr. Casias despite his doctor legally prescribing the marijuana as part of his treatment. In a statement, a Wal-Mart spokesperson sympathized with Mr. Casias but defended the company’s actions. Courts across the country are struggling with questions concerning the right of an employer to control the workplace and an employee's right to the medical use of marijuana. Colorado's medical marijuana law specifically states that, “nothing in the medical marijuana law requires any employer to accommodate the medical use of marijuana in any work place.”

Posted by Diane V. Smith at 11:52 AM | Permalink | Comments (0) | TrackBacks (0)

A government scientist has called into question the validity of clinical trials into Avandia, a drug used to treat diabetes. Thomas Marciniak, a cardiologist has identified a number of problems with a clinical trial conducted by GlaxoSmithKline (GSK). In his analysis, Dr. Marciniak found twelve instances where patients taking Avandia, and who suffered some serious heart problems, were not documented in the study. These finding prompted Dr. Merciniak to issue a memo in which he said the study was, "inadequately designed and conducted to provide any reassurance."

An FDA advisory committee is due to meet to review Dr. Merciniak’s report and to decide if GSK should withdraw or restrict the sale of Avandia - a drug with sales worth approximately $1.2 billion last year. The panel’s recommendations may also have implications for the way in which drugs like Avandia are approved in future. The FDA rarely conducts its own clinical trials, instead trusting the drug companies themselves to conduct their own research. Following these recent developments, there are likely to be calls for a change to the current system. Concerns regarding Avandia and its potential link to an increased risk of bone fracture and /or heart failure first surfaced in 2007.

Posted by Seth A. Katz at 11:37 PM | Permalink | Comments (0) | TrackBacks (0)

A jury in New York has ordered Merck & Co. to pay $8 million in damages to a Florida women, after she successfully claimed that Fosamax caused her to develop osteonecrosis of the jaw (ONJ). ONJ is a condition that causes jawbone tissue death. Fosamax. This is the second case involving Fosamax to go to trial this year. In May, a jury ruled in favor of Merck but a third trial is scheduled for November 2010. The outcomes of these trials are expected to provide an indication of what may happen with hundreds of other pending lawsuits that allege that Merck knowingly marketed a potentially dangerous drug, and failed to warn patients of the potential risks involved in taking the medication.

Posted by Seth A. Katz at 10:35 PM | Permalink | Comments (0) | TrackBacks (0)

A Judge in California has ruled that a lawsuit brought against Apple Inc. and AT&T can be given class action status. The class action will combine a number of individual lawsuits which allege that Apple’s exclusive agreement with AT&T forced consumers to commit themselves to a five-year service contract, rather than for the two-years they thought they were signing up for when they first bought their phones. Claims of anti competitive practice, first surfaced in 2007, given that iPhone users were forced to subscribe to AT&T’s network. This ruling will allow the named plaintiffs who represent the class of consumers to sue both Apple and AT&T for anti-trust law violations.

Posted by Seth A. Katz at 09:43 AM | Permalink | Comments (0) | TrackBacks (0)

According to reports, a Miami VA hospital has announced that 2,400 veterans may have been exposed to HIV and/or hepatitis during their colonoscopies. The hospital also acknowledged that it failed to notify as many 79 of those patients of their potential exposure to infection. The use of unsterile or improperly cleaned medical equipment, are leading causes of medical malpractice lawsuits. Earlier this year, a VA hospital in St. Louis reported that as many as 2,000 patients may also have been exposed to HIV and hepatitis due to improperly cleaned dental equipment. In 2009, three VA hospitals in Florida, Tennessee and Georgia, admitted potentially exposing more than eleven thousand veterans to HIV and hepatitis. Of that number, three veterans subsequently tested positive for HIV, while eight others tested positive for hepatitis.

Posted by Scott J. Eldredge at 11:21 PM | Permalink | Comments (0) | TrackBacks (0)

The Accreditation Council for Graduate Medical Education (ACGME) has proposed new working standards to reduce instances of medical errors caused by fatigue and poor supervision of medical residents. Research has prompted the ACGME, an accrediting body for more than 8,800 medical residency programs, to recommend that the medical residents work a maximum 80-hour week averaged over four weeks. In addition the ACGME recommends significant changes to resident training and increased levels of supervision for first year residents. The ACGME proposes a reduction in duty periods of first year residents to no more than 16 hours per day and stricter requirements for duty hour exceptions. Hospitals and medical facilities are also urged to put in place more stringent processes regarding the handover of patient care and alertness management and fatigue mitigation strategies. If approved, these new working standards will be adopted by July 2011.

Posted by Scott J. Eldredge at 11:16 PM | Permalink | Comments (0) | TrackBacks (0)

The latest version of Apple’s iPhone has only been on the market for one week, but already Apple and AT&T are facing numerous lawsuits because of antenna reception problems with the new iPhone 4. Heralded as a breakthrough in cell phone technology, problems surrounding reception signal and Apple’s new wraparound antenna have led many to believe that Apple has a major product defect on its hands.

Users of the iPhone 4 who hold the left-hand corner of the device have reported experiencing weak reception, resulting in dropped calls and an inability to surf the web. Apple’s official response to the problem – hold the phone in a way that doesn't block the signal or purchase a bumper casing at additional cost. This response has left many users understandably angry given that the base model of the iPhone 4 retails for $199.

At the time on writing, two separate lawsuits have already been filed against Apple and AT&T. Both allege that Apple and AT&T were aware of these potential problems prior to the iPhone 4 launch and that both companies are responsible for negligently and willfully selling a defective product.

Plaintiffs in both lawsuits have indicated that they will seek a class action status for the lawsuit, given that the number of affected consumers could run into the millions. Apple recently announced that it had sold more than 600,000 iPhone 4 units within the first 24 hours of the product becoming available. It is a case that Burg Simpson will continue to monitor closely.

Posted by Seth A. Katz at 10:03 PM | Permalink | Comments (0) | TrackBacks (0)

Toyota Motor Corp. has announced yet another recall, this time for its Lexus hybrid HS250h sedan. Recent crash tests conducted by the U.S. National Highway Traffic Safety Administration (NHTSA) uncovered a potentially dangerous defect. Specifically, investigators found that when 'rear-ended', the new model spilled too much fuel, posing a serious risk of fire. Toyota has suspended sales of the HS250h and intends to recall some 17,000 vehicles already sold to U.S. consumers. So far, there have been no reported injuries or deaths. This latest recall is yet another blow for the Japanese car maker. In April, Toyota announced a recall of the Lexus GS 460 SUV over stability concerns and the potential for the vehicle to rollover. Earlier in 2010, Toyota was forced to pay a $16 million dollar fine for failing to comply with government safety standards.

Posted by Seth A. Katz at 08:30 PM | Permalink | Comments (0) | TrackBacks (0)

GlaxoSmithKline (GSK), the manufacturer of Paxil, has agreed to settle almost 200 individual lawsuits which claim that the drug causes serious heart birth defects in unborn children. Concerns regarding the antidepressant first surfaced in 2005, after a study of more than three-thousand pregnant women revealed a link between exposure to Paxil in pregnancy and birth defect rates. At the time, the study also prompted the Food and Drug Administration (FDA) to issue a warning statement to physicians.

In late 2009, a jury awarded $2.5 million in damages to the Philadelphia family of a child who suffered serious birth and heart defects after his mother was prescribed Paxil while pregnant. After the trial GSK reiterated its contention that scientific evidence did not establish that exposure to Paxil during pregnancy caused birth defects. However, reports that GSK has agreed to settle more than 200 similar lawsuits has done little to support the company's position.

Posted by Scott J. Eldredge at 07:19 PM | Permalink | Comments (0) | TrackBacks (0)