Personal Injury & Wrongful Death

Georgia injury lawyers are well aware that just because a prescription drug is an FDA approved drug is , does not mean that it is safe. There was a time when the American public believed that to be the case but we have come to the realization that money talks. Yes, “it is always all about the money” when it comes to business relationships and the drug business is BIG business. It is common knowledge that many former FDA employees end up being hired by big pharmaceutical companies after leaving the agency that supposedly regulates them. In addition, the industry spends an enormous amount of money on lobbyist to influence politicians.

Chrysler Group LLC announced on yesterday it will replace a front airbag crash sensor in more than 355,000 minivans. Careful not to call it a “recall”, Chrysler says it’s “safety improvement campaign” covers its 2005 -2006 Chrysler Town and Country and Dodge Grand Caravan minivans sold in the United State and Canada.

Chrysler’s “safety improvement campaign” came about because they discovered that under certain environmental conditions one of the front airbag sensors could crack allowing water to enter the sensor potentially rendering it inoperable. In a carefully worded document Chrysler sent to the National Highway Traffic Safety Administration to notify them of the “safety improvement campaign”, Chrysler said inter alia, “Until the vehicle is repaired, the airbags may not provide the enhanced protection in the event of a crash.”
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Recently, the Georgia injury lawyers at Finch McCranie, LLP got a call from a former client who advised us that her 21 year old daughter had been having gall bladder problems that led to her having her gall bladder removed. It turned out that she had been taking one of two related dangerous drugs that have become associated with such health problems, Yaz. Yasmin became a very popular seller for Bayer Corp. almost immediately upon release to the public in 2001 (Yaz was approved in 2006). Both are oral contraceptives that combine progestin with estrogen to prevent pregnancy. Bayer’s earlier commercials for Yaz claimed it was not only an effective birth control, but that it also provided relief from PMS and acne. Although the side effects were played down in the original commercials, the FDA demanded new spots be aired that were more forthcoming about potential risks. Yasmin and Yaz share an ingredient; drospirenone, which is a component of progestin. Drospirenone has been associated with health risks that are not present in other forms of progestin. It may increase potassium levels in the bloodstream which could result in serious health issues, such as cardiac arrhythmias. This becomes a serious problem for people who suffer from obesity, diabetes or high blood pressure. Symptoms to be noted are: a sudden numbness, confusion, vision problems, speech or balance difficulties, chest pain, nausea, migraine headaches, jaundice, insomnia, depression and behavioral changes, as well as changes in the woman’s menstrual cycle.
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Defective and dangerous infant cribs have become a major problem across the United States. Since September 2007 the Consumer Product Safety Commission, CPSC, has recalled more than 6 million cribs due to dangerous designs and defects. These problems include failures related to drop sides, hardware and wooden slats.

Consumer advocates and health professionals have long complained that federal safety requirements governing cribs do not address the durability of drop-sides on cribs and related hardware, as well as wood strength and quality and other issues.
Wednesday, the chairman of the CPSC, warned crib makers that her agency is cracking down on defective equipment and will push through tougher federal requirements for cribs.
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Dangerous products seem to be everywhere these days. This is particularly true when it comes to pharmaceuticals and over-the-counter drugs. This week the New York Daily News reported that a Manhattan man has filed suit against the manufacturer of Zicam Cold Remedy Nasal Spray that he used from 2006 to 2009. The man claims that as a result of using the product, he has lost both his dense of taste and smell. The lawsuit claims that the manufacturer knew or should have known that studies dating back to 1937 have shown that topical applications containing zinc ions can cause a loss of taste and smell. The lawsuit further claims that the manufacturers representations that the product was safe and effective were false. According to the article, the U.S. Food and Drug Administration issued a public health warning last summer warning consumers to stop using all Zicam nasal products that contained zinc because they had received over 130 reports from people who claimed to have lost their sense of smell and taste after using the product.
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Toyota on Tuesday announced another global recall for defective automobiles. This time, more than 400,000 Prius and other hybrid cars are being recalled due to braking problems. The recall comes on the heels of the massive recall of Toyota vehicles for sudden acceleration problems.

Toyota has been criticized for attempting to grow sales while sacrificing quality and for being slow to recall vehicles with dangerous and deadly defects.
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Toyota is being taken to task for delaying the recall of vehicles subject to sudden acceleration. Amid reports that Toyota is going to recall its highly successful hybrid, the Prius, for brake problems, there are serious questions being raised as whether the automaker and the National Highway Traffic Safety Administration responded quickly enough to reports of sudden acceleration in some of its other models.
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Medical malpractice victims in Georgia are not only injured and killed by negligent health care, but are also victimized by the state via caps on so called non-economic damages. In Georgia, the cap limits these damages to $350,00.00.

Many people have pointed out that this is inherently unfair, especially since the most grievously injured victims are penalized to a greater extent. In effect, the legislature, with help of the governor, decreed that if you, or a loved one is retired or too young to have an earning capacity, the value of your life or that of a loved one, is $350,000.00. Of course thiose who are high wage earners, such as many doctors, would be entitled to a higher recovery in the form of lost income.
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The Georgia injury lawyers at Finch McCranie, LLP have seen our share of dangerous products recalled for one reason or another; however, last week’s recall of numerous Toyota models of automobiles and trucks probably sets a new record. In late 2009, Toyota issued a recall of 4.2 million vehicles because it was thought that they could interfere with the gas pedal and cause sudden acceleration. Now Toyota has issued a recall affecting 2.3 million vehicles and has suspended the sale of eight models, including their most popular model, the Camry, over faulty gas pedals that could stick and cause unexpected acceleration and result in an automobile accident.
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In a blog of a few days ago we wrote about the dangers of “distraction driving.” Statistics have been released from the National Highway Traffic and Safety Administration indicating that many people across the United States are being injured on a daily basis as a result of the use of cell phones and texting devices. Obviously, when using these devices, the driver is “distracted” and the more distracted the driver the less safe the driver. Regrettably, the State of Georgia has yet to enact a ban on distraction driving.
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