Articles Posted in Product Liability

Published on: December 12, 2023

Supreme Court Heard Arguments to Challenge OxyContin Settlement

headache-1540220_640-e1702313969782 The Supreme Court heard arguments related to a challenge to the bankruptcy deal that’s intended to compensate victims of highly addictive pain killer OxyContin. Based on the questions judges asked, court watchers believe the Court is split. The manufacturer of Oxycontin, Purdue Pharma, entered into a deal to pay billions to people harmed by the opioids they made and sold. That deal protected members of the Sackler family from personal liability. If you were injured by Oxycontin or another highly addictive pain killer, you should call the seasoned Chicago-based dangerous drug lawyers of Moll Law Group. Billions have been recovered in product liability lawsuits with which we’ve been involved.

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The case that the Court is hearing arose from complex circumstances. The Sackler family took assets from the manufacturer of Oxycontin, Purdue Pharm and shifted those assets overseas, which then triggered the problem that the company no longer has enough money to pay its creditors, such as those injured by pain killer. Purdue Pharma pled guilty to three criminal charges by 2020. It agreed that it owed $8 billion in criminal and civil fines to state and local governments trying to address the opioid crisis.

Based on this, the company reached a deal in bankruptcy court that would reimburse victims of the epidemic along with the harmed by an amount less than it might have paid, had it not shifted its assets overseas.

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Published on: November 28, 2023

Recall of WanaBana Apple Cinnamon Fruit Puree Pouches Due to Lead

By Moll Law Group

baby-2423896_640-e1699049689872 Recently, manufacturer WanaBana agreed with the FDA to voluntarily recall all WanaBana apple cinnamon fruit puree pouches because they have elevated lead levels. The warning asked parents and caregivers of children who consumed the pouches to contact their healthcare providers to get blood tests and advised parents not to buy WanaBana apple cinnamon fruit puree pouches. If your child may have been harmed by these pouches, call the seasoned Chicago-based product liability lawyers of Moll Law Group. Billions have been recovered in cases with which we’ve been involved. We represent injured consumers nationwide.

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The FDA became aware of an issue with the apple cinnamon fruit pouches after four children were discovered to have elevated blood lead levels. The North Carolina Department of Health and Human Services examined multiple lot codes of the pouches and found very high lead concentrations. The FDA looked over the state department’s analytical findings and determined they could cause acute toxicity. The agency told the manufacturer that the pouches were a potential source of lead exposure. For its part, the manufacturer agreed to a voluntary recall once the FDA’s investigation found that all lot codes and expiration dates were affected. The pouches are sold across the country and are made available at retailers including Dollar Tree, Amazon, and Sam’s Club.

The company told the public that it is dedicated to making sure its products are safe. It also told consumers to stop using the product. It’s important to retain the pouch, if you can, when your child has symptoms of lead exposure, in case it’s needed for a product liability lawsuit.

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Published on: November 21, 2023

Joint Commission Releases Findings that 2023 Medical Errors May Exceed a Record High

By Moll Law Group

surgery-1822458_640-e1699051448285 The Joint Commission has released its data for the first half of 2023, and alarmingly, it shows that sentinel events are on track to surpass a record high found in 2022. Sentinel events are patient safety events that cause severe temporary harm, permanent harm, or death. If you or a loved one were injured through a doctor or staff error at a medical practice, please call the seasoned Chicago medical malpractice lawyers of Moll Law Group. We also handle claims regarding dangerous drugs and medical devices, making us ideally positioned to look at all angles by which liability may be proven.

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Sentinel events are very serious. Among the common causes of sentinel events were teamwork failures, communication failures, failure to adhere to standard policies and procedures, wrong site surgery, wrong procedure, wrong patient, assault, rape, sexual assault, suicide, and treatment delays that cause further harm.

The injuries that result from these events can change the lives of you and your family forever. According to the Joint Commission data for the first half of 2023, of 720 reported and reviewed events during this time period, 18% caused patient death, 63% cause severe temporary harm, and 7% caused permanent harm. Tragically, many of the events were completely preventable.

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Published on: November 7, 2023

Bayer Returns a $332 Million Verdict in a Roundup Trial

By Moll Law Group

corn-83783_640 Recently, a jury found the company Bayer liable in a product liability lawsuit brought by plaintiff Mike Dennis who alleged his non-Hodgkin lymphoma was the result of exposure to Bayer’s Roundup weed killer. The jury ordered Bayer to pay $332 million in damages, of which $7 million is in compensatory damages and $325 million is in punitive damages. If you developed cancer and believe it was caused by exposure to Bayer’s Roundup, call the experienced Chicago-based lawyers of Moll Law Group. We represent clients nationwide.

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The $332 million damages verdict was the third trial loss for Bayer this month. The prior verdicts in Roundup trials were $175 million and $1.25 million. However, these wins for the plaintiffs came after a string of nine consecutive trials with similar claims. In 2020, Bayer settled most of the Roundup claims against it for up to $10.9 billion. Around 40,000 Roundup-related cases are still in process against it.

With regard to this verdict, the jury agreed with Bayer in connection with two out of four legal claims. It found that the company failed to warn of Roundup’s risks, but that it was not negligent, and that the product was not defectively designed.

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Published on: October 24, 2023

Medline Industries Recalls Hudson RCI Addipak Unit Dose Vial, 0.9% Full Normal Saline Solution Due to Being Non-Sterile

By Moll Law Group

vial-5774206_1280-e1696439634427 Manufacturer Medline Industries initiated a recall of its Hudson RCI Addipak Unit Dose Vial, 0.9% full normal saline solution in July of this year. The FDA has categorized this recall as a Class I recall, which is the most severe kind of recall, reserved for cases in which use of a device could cause death or serious injuries. The recall affects lot 3B085 with distribution dates April 20, 2023 – July 14, 2023. 18,000 devices were recalled across the country. If you were harmed by units from the recalled lot, you should contact the seasoned Chicago-based attorneys of Moll Law Group. Billions have been recovered in cases with which we’ve been involved. We represent consumers across the country.

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Medline Industries’ recall is based on the Lot 3B085 vials being non-sterile. While the affected lot passed the sterility testing, Lot 3B087, which was within the same cleaning cycle failed testing and exposed the impacted lot to possible contamination. When saline is non-sterile, there may be severe adverse health repercussions including infection, wheezing, nausea, discomfort, and difficulty breathing, along with potentially fatal sepsis and death. However, consumers have not reported injuries or deaths connected to the issue.

The recalled vials are used in connection with irrigation and inhalation therapy. Sometimes it is paired with a non-ventilator nebulizes to cleanse the lungs and irrigate the trachea. When irrigation therapy is used, the saline solution helps to clean wounds and flush the area. With inhalation therapy, the solution returns moisture to the lunches and reduces cold and allergy-created congestion.

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Published on: October 17, 2023

Kraft Recalls Processed American Cheese Slices Due to Possible Choking Risk

By Moll Law Group

PNG-image-300x200 Manufacturer Kraft Heinz discovered that one of the machines that individually wraps Kraft Singles American processed cheese slices permits thin strips of film to say on the slices even after removal of the wrapper. The food company announced a voluntary recall of more than 83,800 cases these slices. It’s believed the strips of film that stays on the cheeses present a potential choking danger or gagging hazard. The director of food safety and testing at Consumer Reports commented that any complicated machine requires adjustments to pieces of the equipment such that if adjustments aren’t right or in alignment with the specs, the machine may not do its job correctly, causing food safety problems. If you were harmed by Kraft processed American cheese slices, call the experienced Chicago-based product liability attorneys of Moll Law Group about the possibility of bringing a claim.

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Several customer complaints about finding plastic stuck to a slice, and 6 consumers’ complaints of choking and gagging as a result of this, led to the company investigating. No reports of injuries or serious health problems were made. The recall affects 16-ounce Kraft Singles American Pasteurized Prepared Cheese products. Their use-by date falls between Jan. 10, 2024, and Jan. 27, 2024. The recall also affects 3-pound multipacks of 72-count Kraft Singles American Pasteurized Prepared Cheese Product that have a best by date of January 9, 2024 – January 16, 2024.

The manufacturer has said that it repaired the wrapping machine and inspected the other machines that process the cheese. Consumer who bought recalled slices can return them to the store where they bought them for a refund or exchange.

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Published on: October 10, 2023

FDA Adds New Warnings to the Label of TEPEZZA

By Moll Law Group

eye-321961_1280-e1696438901920 The Food and Drug Administration recently updated the warning label on Horizon Pharmaceutical’s TEPEZZA. The label now includes that one of the “major recent changes” for warnings and precautions is “hearing impairment including hearing loss.” Hearing loss is just one of four warnings. The others are hyperglycemia, exacerbation of preexisting inflammatory bowel disease and infusion reactions. If you suffered hearing loss or other harm, you should call the trusted Chicago-based dangerous drug lawyers of Moll Law Group. Billions have been recovered in lawsuits around the country with which we’ve been involved.

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Tepezza is a drug prescribed to improve symptoms of thyroid eye disease, which is a rare condition in which fatty tissue and muscles located behind the eye become inflamed such that the eye is pushed to the front and bulge outwards. The drug is supposed to mitigate the effects of double vision, proptosis, and chronic bulging eye. Unfortunately it is a drug that carries significant risks.

The new Tepezza warning provides that it can cause serious hearing impairment including hearing loss that could be permanent. Doctors are advised to evaluate a patient’s hearing before, during and after treatment with the drug and also weight the risks and benefits of treating a patient with the drug. The warning came a little less than a month after the Brazilian Health Regulatory Agency approved its use as a thyroid eye disease treatment.

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Published on: October 5, 2023

Eight Bard Lawsuits Have been Centralized in the Western District of Missouri

By Moll Law Group

happens-770461_640-e1696440252665 Bard’s PowerPort devices are implanted under the skin and pump intravenous chemotherapy and other fluid into a patient’s bloodstream. These are two-part devices with an injection reservoir and a catheter. Recently, plaintiffs in eight lawsuits against Becton, Dickinson & Company, C.R. Bard, Inc., and Bard Access Systems made a motion under 28 U.S.C. § 1407 to centralize litigation arising out of Bard’s Power Port devices in the Western District of Missouri. They allege that due to the catheters on the devices breaking, they suffered blood clots, infections, chest pain, and other life-threatening complications; many of them needed to undergo emergency surgeries to extract pieces of catheter. If you or a loved one suffered harm as a result of a Bard Power Port device, you should call the seasoned Chicago-based attorneys of Moll Law Group about your potential claim. Billions have been recovered in product liability lawsuits around the country with which we’ve been involved.

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The Panel determined that the lawsuits involved common questions of fact and that just and efficient litigation would be promoted by centralizing the case in the District of Arizona. They found that the common factual questions involve allegations that there is too great a concentration of barium sulfate used during the manufacturing of the catheter in the port devices.

This concentration, purportedly, reduces the catheter’s material integrity, which can in turn result in fracture or migration of the catheter, infection, and thrombosis. The multidistrict litigation will be looking at whether the design of the Bard port catheters requires too high a concentration of barium sulfate, as well as whether the defendant’s tested the devices sufficiently and whether they appropriately monitored and reported adverse events related to product failures.

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Published on: September 26, 2023

Draeger Recalls Carina Sub-Acute Care Ventilators for Contaminants in Airpath

By Moll Law Group

treatment-4099432_1280-e1693590345228 The Carina Sub-Acute Care Ventilator was recently recalled in a Class I recall, which is the most significant kind of recall. With a Class I recall, it has been found that using the product could cause severe injuries or death. The manufacturer of the Carina ventilator, Draeger Medical, is voluntarily correcting the product. Adult patients can continue to use the device, but health care providers are not supposed to use these devices with their pediatric patients. If you were injured by a Carina Sub-Acute Care ventilator, please call the experienced Chicago-based product liability lawyers of Moll Law Group. We represent clients around the country and billions have been recovered in lawsuits with which we’ve been involved.

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Hospital providers use the Carina Sub-Acute Care Ventilator to help people who need assistance to breathe. This type of ventilator can be used for invasive ventilation through the trachea or for noninvasive ventilation that makes use of a mask. Draeger has recalled the ventilator because contaminants, polyether polyurethane (PE-PUR), are produced in the airpath of the device. This can cause a potential carcinogen, contaminant 1,3-Dichloropropan-2-ol, to be released. The contaminants go beyond the appropriate levels when patients who are children or infants use it for over a month.

Pediatric patients may experience severe health conditions as a result of exposure to the chemicals including death and toxic responses such as irritation, hypersensitivity, nausea, vomiting, and carcinogenic impacts. No deaths, complaints, or incidents have been reported in connection with the emission of contamination so far, but it’s still important to be alert to the issue and to seek remedies when appropriate.

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Published on: September 12, 2023

Hamilton Medical Has Recalled the HAMILTON-C1, C1, C3, and T1 Ventilators

By Moll Law Group

corona-6278444_640-e1693590561384 The manufacturer Hamilton Medical Inc. has recalled its Hamilton-C1, C2, C3, T1 ventilators because they have software problems that provide no warning before a stop in the ventilators is triggered. Hamilton ventilators are used by health care providers for those who need full or partial breathing help from a mechanical ventilator. They are used when trying to transport patients within hospitals and outside them. If you were injured or a loved one died because of any of the affected ventilators, you should call the trustworthy Chicago-based product liability lawyers of Moll Law Group to determine whether you have a claim. Billions have been recovered in cases with which we’ve been involved.

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The Hamilton ventilator recall was initiated June 15, 2023. The FDA classified the recall as a serious one, a Class 1 recall, because using this type of ventilator could result in death or acute injuries. These ventilators support adult and pediatric patients, including infants and newborns. When a ventilator is used for over 91 days without a restart, it will shift to an ambient state, during which time the ventilator will alarm and display a technical fault banner on its screen. A health care provider may need to intervene, giving air to the patient with a manual resuscitating device or using a different type of device. When patients don’t breathe on their own or get a timely intervention, they could die or otherwise suffer serious health consequences.

The manufacturer sent customers an advisory that asks them to provide alternative ventilation, to switch off the ventilator power to get out of the ambient state, and to service the ventilator once the patient is safe. The model numbers that are affected are C1, T1 V2.2x, C2, and C3. They were distributed December 10, 2010 – May 1, 2023. These ventilators were installed with specific software and had neonatal options installed on them. In the United States, 21,429 units have been recalled. While there have been 80 reported complaints, there have been no injuries and no deaths connected to the recall.

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