Archive for July, 2009

According to researchers, carbon nanotubes, which have been called a “wonder material for the 21st century,” could pose similar health risks as asbestos fibers. Asbestos, a wonder material of an earlier age, was used in thousands of products for decades before it became known that asbestos exposure can lead to life-threatening health conditions, such as mesothelioma, asbestosis, and lung caner. 

A study published this year by the journal Nature Nanotechnology revealed that nanotubes, which are needle-like carbon molecules one-50,000th the width of a human hair, caused disease symptoms in mice just like those caused by asbestos fibers. Specifically, when injected into the abdomens of mice, nanotubes caused the mice to develop lesions similar to the lesions that people who inhale asbestos fibers develop on the lining surrounding the lungs.

In the case of asbestos, the lesions on the lining surrounding the lungs eventually become mesothelioma, a deadly form of cancer. The researchers in the nanotube study, however, portrayed their results as good news because people who work with nanotubes can now take steps to prevent future exposure.

“In a sense, we’re forewarned and forearmed now with respect to nanotubes,” said Anthony Seaton, a professor of environmental and occupational medicine at the University of Aberdeen in Scotland.

Discovered in the early 1990s, nanotubes are essentially rolled-up sheets of carbon that can be used to produce materials that are far lighter and stronger than steel. Nanotubes are found in a wide range of common consumer products, such as high-tech tennis rackets, electronics, and pharmaceuticals.

The recent nanotube study did not look at how easily nanotubes become airborne or whether they become lodged in the lungs if inhaled. Doctors and scientists believe, however, that the people in greatest danger are those working with loose nanotubes at factories and laboratories. In other words, nanotubes embedded in consumer products, such as golf clubs and bicycle frames, probably do not present any danger. 

Still, there is some concern that nanotubes in products could be released later, just as asbestos in concrete and automobile brake pads was inhaled by construction workers and mechanics. Consequently, more research is needed to determine the extent of the risk posed by nanotubes.

If you or someone you love has developed mesothelioma cancer (or a family member has died from mesothelioma cancer), contact us today for a free and confidential assessment of your case.

On June 29, the Food and Drug Administration (FDA) confirmed that samples of cookie dough taken from the Nestle factory in Danville, Virginia tested positive for E. coli O157:H7. Nestle recalled its refrigerated cookie dough products on June 19 when the FDA announced that it believed people were getting sick from eating raw dough contaminated with E. coli. The outbreak is surprising because cookie dough is not normally associated with E. coli contamination, although salmonella is sometimes a concern because raw dough contains uncooked eggs. Only Nestle refrigerated cookie and brownie dough has been recalled; other Nestle products appear to be unaffected.

E. coli is a bacterium that can cause infections in people when consumed in contaminated food products. So far 69 cases in 29 states have been reported to the Center for Disease Control. Of these, 34 required hospitalization and nine have developed Hemolytic Uremic Syndrome, which can cause kidney failure, but there have been no deaths linked to the outbreak.

Nestle cookie and brownie dough has been pulled from store shelves and the FDA is advising people who had previously purchased these products to throw them away. The agency also advises against baking the dough because it might contaminate kitchen utensils. Individuals who experience E. coli symptoms after consuming Nestle refrigerated cookie or brownie dough should see a doctor immediately. Read more about dangerous products.

Many undocumented immigrants in the United States are forced to work in hard labor positions often in substandard conditions.  These workers fear deportation, and many employers take advantage of this fact, intimidating the workers by threatening to have them deported if they bring forth any claims.  Recent litigation, however, has proved that undocumented immigrants have recourse and should not be afraid to sue their employers if injured on the job.

Last month, three undocumented immigrants injured in construction accidents in New York were awarded settlements totaling $3.85 million.  A 33-year-old Mexican plumber was injured by an exploding pipe at 44 Wall Street in December 2004; he was scalded all over his body and settled for $2.5 million.  Separately, a 52-year-old Mexican construction worker was injured in January 2004 when a steal beam fell on his foot at 130 Fulton Street; he settled his damage claim for $750,000.  Another immigrant worker, a 36-year-old Ecuadorean worker sustained a fractured hip and other injuries when three tresses, each weighing 200 pounds, collapsed on him in August 2007 while he was working a roofing job at the Arverne by the Sea residential development in Queens; he settled for $600,000.

The right of undocumented immigrants in New York to recover for injuries sustained in workplace accidents was affirmed by the New York Court of Appeals in Balbuena v. I.D.R. Realty L.L.C., decided in 2006.  In Balbuena, the Court ruled that undocumented immigrant laborers had the same rights as other workers.  In light of these recent settlements, it seems New York continues to stand by Balbuena, and undocumented immigrants no longer need to live in fear of standing up for their rights against their employers for workplace injuries.

Other issues that immigrant workers may face is asbestos exposure that may cause mesothelioma.

On October 29, 2008, a Florida woman received a $100,000 settlement after being fired from her job at York County Pleasant Acres Nursing and Rehabilitation Center. Mary Ann Gruzs says she was wrongfully terminated after she pointed out possible asbestos contamination at work.

While working in the salon at the nursing facility, Gruzs said she noticed that the floor tiles were beginning to crack and become discolored. She said she spoke to a facility maintenance worker and had reason to believe the damaged tiles contained asbestos.

According to her lawsuit, Gruzs pointed out the damaged tiles to her employer and expressed her concern of harmful asbestos exposure. After several requests from Gruzs, the nursing facility eventually replaced the floor tiles. Still, Gruzs claims her former employer never tested for asbestos and took no precautions when replacing the damaged tiles.

After the new tiles were installed, Gruzs says she requested that the air quality of the salon and surrounding areas be tested for toxic levels of asbestos fibers, but the nursing facility managers, once again, refused.

After repeated attempts to get her employer to test for asbestos, Gruzs said she decided to take matters into her own hands. She took the damaged tiles to an independent laboratory and had them tested for asbestos. The results proved her to be correct, revealing that the tiles and the adhesive backing contained toxic levels of asbestos.

Shortly after the results came in, Gruzs was fired from the salon. She filed a lawsuit claiming that she was fired for speaking out about the asbestos contamination her employers were attempting to cover up. On the other hand, the county claims she was fired for missing three consecutive days of work without calling in.

Because the inhalation of asbestos particles and prolonged asbestos exposure can cause serious illnesses, such as mesothelioma, asbestosis, and lung cancer, many asbestos exposure victims are entitled to compensation through asbestos lawsuits. If you or someone you love has been diagnosed with an asbestos-related illness, contact us today to determine if you are eligible for monetary compensation.

A June 18 ruling from the U.S. Supreme Court has made it more difficult for older workers to sue an employer for age discrimination. In a 5-4 decision in Gross v. FBL Financial Services, the Court held that employees claiming age discrimination must prove that age was the deciding factor in their employers’ decision to demote or fire them. Previously, a plaintiff only had to show that age was one of the factors considered by the employer in making its decision. If the plaintiff could show that, then the burden would fall on the company to prove that it had a legitimate reason for making its decision.

In Gross, a 54 year old employee claimed that he was demoted because of his age and filed a lawsuit under the Age Discrimination Employment Act (ADEA). A jury awarded $47,000 to plaintiff Jack Gross, finding that Gross’s age was a “factor” in the decision to demote Gross. The majority opinion, written by Justice Thomas, stated that the trial court had made a mistake by not telling the jury that the plaintiff needed to prove that FBL demoted Gross because of his age.

The dissenting opinion, written by Justice John Paul Stevens, stated that the ruling was a “display of judicial lawmaking” that overturned earlier employment discrimination precedent and disregarded changes made to national civil-rights law in 1991.  Civil rights groups and the AARP also criticized the Gross ruling and called upon Congress to alter the standard of proof by passing legislation. Read more about other issues affecting the elderly, such as denture cream zinc poisoning and denture cream lawsuits.

Tysabri, a drug made by Biogen Idec Inc., to treat multiple sclerosis, has been linked to progressive multifocal leukoencephalopathy (PML), a rare and often lethal brain infection.  The new case of PML linked to Tysabri was reported on June 23rd, and is the ninth such case reported since the drug was put back on the market in July 2006.  Biogen stated it will no longer report individual cases of Tysabri PML infections, but will keep a weekly update on its website.

Tysabri was approved by the Food and Drug Administration (”FDA”) in 2004 to treat multiple sclerosis. It was recalled in 2005 after three patients suffered PML infections; two of those infections were fatal.  The FDA reintroduced Tysabri in July 2006 with stronger warnings about side effects, and doctors were warned to use strict guidelines to limit the risk of infections.

PML is a brain infection that causes inflammation to the white matter of the brain.  Certain brain functions disintegrate, and the patient can die.  Even if the infection is discovered early, it could still lead to impaired speech, loss of vision, paralysis, and cognitive decline.

The psoriasis drug Raptiva was recalled in April due to PML infections, and the cancer drug Rituxan has been linked to 57 cases of the infection.

For more information on Raptiva lawsuits or a Tysabri lawyer, contact Bernstein Liebhard for a free and confidential consultation.

The Associated Press (“AP”) is reporting that over 800 homeopathic ingredients have been linked to health problems in the past year.  Homeopathic ingredients are highly diluted drugs made from natural ingredients, and are sold as treatments for various ailments.  Due to the recent Food and Drug Administration Zicam warning, a homeopathic cold remedy that has been named a possible cause of a permanent loss of smell in users, the FDA’s lax regulation over homeopathic remedies has been questioned.

Because homeopathic remedies are diluted and natural, they don’t require FDA safety checks.  FDA safety checks are essential for monitoring product concentration, the presence of alcohol in remedies, and the use of any dangerous ingredients.  The recent problems discovered in homeopathic remedies like Zicam and Hydroxycut, a weight-loss supplement that triggered an FDA warning this year, possibly could have been discovered through FDA safety checks.

Investigators are also examining the marketing practices used for drugs such as Zicam and Hydroxycut.  Even before the FDA took action, the Federal Trade Commission began an investigation on whether Zicam was deceptively marketed, and the Better Business Bureau took similar action for both Zicam and Hydroxycut.

Homeopathic drugs are often marketed for vague, broad symptoms, and as such it is difficult to establish their effectiveness. Still, some people swear by the remedies, and the homeopathic drug market brought in over $830 million last year in sales to almost 4 million Americans.

If you have been harmed after using a homeopathic remedy, you may be entitled to file a claim.  Contact an experienced Zicam lawyer or Hydroxycut lawyer today for a free claim evaluation.

On June 18, 2009, a federal judge ruled that AstraZeneca, a pharmaceutical company, cannot block testimony by a medical expert that its antipsychotic drug Seroquel is linked to weight gain and diabetes.  Seroquel is an oral medication used to control the symptoms associated with schizophrenia.  Seroquel is AstraZeneca’s second-best-selling drug with $4.45 billion in sales in 2008.

The expert witness, Donna Arnett, is a professor and chairwoman of the epidemiology department at the University of Alabama at Birmingham.  Arnett asserts that Seroquel causes metabolic changes in its users, which can lead to diabetes and weight gain.  She also contends these metabolic changes occur throughout treatment with Seroquel.

AstraZeneca contended that Arnett’s testimony should be quashed, because she cherry-picked data favorable to her position.  However, the federal judge held that it would be up to a jury to decide whether her conclusions are credible or not.  This decision will affect the approximately 6000 cases pending against AstraZeneca in the federal court in Orlando, Florida.  More than 15,000 plaintiffs have sued AstraZeneca in state and federal courts, asserting that the company hid information about Seroquel potentially causing diabetes in its users.  The federal cases are combined in a multidistrict litigation before a federal judge.  The same judge dismissed two Seroquel lawsuits in January 2009, holding that the plaintiffs could not prove that Seroquel contributed to their development of diabetes.

In May 2009, AstraZeneca successfully obtained dismissal of the first Seroquel case in Delaware after the judge excluded expert testimony about the link between Seroquel and the onset of diabetes in the plaintiff.  AstraZeneca hoped that exclusion of Arnett’s testimony would produce favorable outcomes, but the federal judge denied its motion, sparking some hope in Seroquel victims.  If you or a loved one has been injured by Seroquel, you may have a Seroquel lawsuit and should contact a Seroquel lawyer.

Using contact solution correctly and safely is key to keeping your eyes healthy.  For example, not emptying the solution out of your contact lens case after each use could cause serious injures and even blindness from an infection.  Solutions that are not thrown out after use are essentially “dirty” and can contain various bacteria and micro-organism. Using fresh and clean solution each time reduces the risk of getting eye infections.

The FDA recently published an article on the importance of using contact lens solution correctly and safely.  The article discusses the Dos and Don’ts for contact lens wearers, how to prevent eye infections, and the symptoms of eye infections. In January 2009, the FDA assembled a workshop called “Microbiological Testing of Contact Lens Solution Products,” in collaboration with several eye care professional groups.  The workshop’s goal was to gain consensus on test methods for evaluating contact lens solutions and the development of Acanthamoeba keratitis, a rare but serious eye infection.  The FDA also convened a meeting of its Ophthalmic Device Panel in June 2008, to identify ways to improve contact lens safety. The panel gave updated information about keeping contact lens care products safe. Currently, the FDA is revising the guidance document, which specifically addresses the labeling and directions for proper use of contact lens solutions.

The FDA stresses the importance of not using contact lens solution more than once, not using expired solution, and rubbing and rinsing your contacts thoroughly with clean and fresh solution daily. Failure to use contact lenses and solution correctly can cause eye infections.  Both bacterial and fungal infections can lead to serious consequences, such as permanent loss of sight if left untreated.  Bacterial infections are more common than fungal infections, but fungal infections are much more difficult to diagnose and treat.  If left untreated, fungal infections can cause permanent blindness, sometimes within as little as 24 hours.  Symptoms of eye infections include, but are not limited to: discomfort, excess tearing or other discharge, unusual sensitivity to light, itching, burning, and pain.

The FDA became increasingly aware of the potential danger of not monitoring the safety of contact lens solutions closely after the Advanced Medical Optics’ (AMO) voluntary recall of Complete MoisturePlus contact lens solution.  The Center for Disease Control and Prevention identified a link between Complete MoisturePlus and the onset of Acanthamoeba keratitis, which caused blindness in several Complete MoisturePlus users. AMO speculated that improper handling and shipping of Complete MoisturePlus solutions caused this outbreak.

Some people avoid the hassle and dangers of wearing contact lens by opting to get lasik surgery to permanently correct their visions.  However, even though the technology for lasik surgery has improved over the years, there are still risks involved in lasik surgery.  If you or a loved has been injured by lasik surgery, you may have a lasik malpractice lawsuit and should contact a lasik malpractice lawyer today.

On June 17, 2009, the FDA reported the conclusions of its studies on Maxipime, an antibiotic generically known as cefepime.  Maxipime is a Bristol Meyers Squibb drug used to treat infections caused by abdominal surgery and other conditions. A recent published study suggested that patients given the drug might be more likely to suffer deadly complications compared to patients treated with other drugs.  The FDA determined that Maxipime did not increase the rate of death in its users.  The FDA reviewed the study’s data and conducted additional analyses based on additional data, including data provided by Bristol Meyers Squibb.

In a letter it sent to healthcare professionals, the FDA stated that it still approved Maxipime as an appropriate treatment for its approved indications, at least for now.  However, the FDA will continue to investigate into the safety of Maxipime.  As part of its ongoing investigation, both the FDA and Bristol Meyers Squibb are conducting separate studies on Maxipime’s potential link to increased death rates in its users.  The results of these studies will be reported in approximately a year.

Currently, the FDA has not indicated that Maxipime is a dangerous drug, but perhaps as it continues to do further investigations into the drug, it will find contrary information.  If you or loved one has been harmed by a dangerous drug, contact a dangerous drug lawyer today.