Category Archives: Liability Issues

Product liability issues relate to defective products which do not perform in the manner represented by the manufacturer.

DePuy Hip Replacement Recall

Johnson & Johnson is in the news again, this time for their DePuy (pron. de-pew) Orthopedics unit which makes hip implant replacements. The DePuy Division president David Floyd issued this statement:

“We regret that this recall will be concerning for patients, their family members and surgeons. We are committed to assisting patients and health care providers by providing information through multiple channels and paying for the cost of doctor visits, tests and procedures associated with the recall.”

Some of you will recall the problems Sulzer had a few years back with their hip and knee replacement products. They switched manufacturing processes to cut costs and the result was a thin film being left on the parts which prevented the bone and tissue in the body from properly attaching. Post-surgery patients had very painful experiences as their new replacement parts slid around and didn’t firm up properly causing them to have to go through a second painful surgery experience to fix the problem.

It is unknown if DePuy hip replacements are having the same issue but there is a 12-13% failure rate and with about 93,000 implants performed that is a lot of people looking for relief, and potentially more unreported cases to surface.

If you know someone who has had a hip replacement, ask them if they are having any issues with it. Common side effects include:

• Unexplained hip pain
• Thigh pain or groin pain
• Pain when walking
• Pain rising from a seated position
• Hip pain when bearing weight
• Limping
• Pain to the opposite hip or femur (due to the compensation to the failed hip replacement)
• Crunching sound during hip movement

For more information on this subject, please visit our practice area page for DePuy hip replacement recall lawsuit. For other questions where you may need a medical negligence attorney, please visit our FAQ page.

Zinc Poisoning Denture Cream Lawsuit

Do you know someone with dentures? Many denture adhesive creams such as Poligrip and Fixodent use zinc to help with the adhesion. Unfortunately, millions of Americans may not know they are poisoning their bodies by ingesting too much zinc which causes depletion of copper in the body. Copper is necessary for proper neurological functioning.

A number of studies have now linked zinc poisoning to the zinc in denture creams. Some manufacturers such as GlaxoSmithKline do not even list zinc on the ingredients label but have admitted zinc has been added.

Among the symptoms you may experience if you have zinc poisoning are:

  • General overall weakness and tiredness
  • Numbness in skin, fingers, toes, hands, feet, legs, arms, and face
  • Loss of sensation
  • Unexplained pain
  • Tingling feeling in hands and feet
  • Burning sensation
  • Severe allergic reactions (previously not experienced)
  • Unexplained inflammation of joints and skin

Studies have shown that individuals with zinc poisoning symptoms can potentially reverse some of the effects by stopping use of zinc laden products while the other half continue to experience problems. Copper supplements have also been shown to help overcome zinc overdose poisoning symptoms as well.

For more information and to contact us about a potential zinc poisoning case, please visit our denture cream lawsuit website or call us today.

Potential Tylenol Link to Asthma

A new international study has found an association between Tylenol use and asthma. It is not a causal link, as that can only be established by a randomized clinical trial (which the authors suggest takes place now), but the findings are interesting. The study involved over 300,000 teens and found that those who had used Tylenol at least once a year were 43% more likely to have asthma and those who used it monthly were 2.5 times as likely to suffer from asthma. Much higher instances of severe nasal congestion and eczema were also shown with use of Tylenol. To read more about this, here is a link to the LA Times article.

Avandia Drug Update

Last month the FDA evaluated the safety of the drug Avandia. This drug has been widely used for diabetics and has unfortunately had sometimes deadly side effects including heart attacks, strokes, and other serious problems.

According to the Washington Post, the a number of individuals on the panel voted to pull the drug from the market, but the majority voted to keep it on. The voting came after the panel determined that there was “sufficient evidence to be concerned that Avandia increased the risks for heart attacks and strokes.” (link)

In another brazen example of how companies take advantage of the public, the New York Times reports that in 1999, GlaxoSmithKline conducted a comparison of Avandia to Actos and found that incidents of heart attacks and failure were higher with Avandia. An internal email at GSK dated March 29, 2001 has come to light regarding these results where the executive states, “These data should not see the light of day to anyone outside of GSK.” (link)

Fortunately for the public, this information has come to light and it is of great concern.

If you or someone you loved has taken Avandia and suffered a serious injury or death, contact us today. Our Utah lawyers have handled thousands of personal injury cases and can help you determine what case you may have against this manufacturer. Call us today at 1-800-404-9000 for a free consultation. We work on a contingency fee basis which means you never pay us anything until we get money for you.

Mesothelioma Attorney

Widespread use of fire-resistant material asbestos has led to massive health problems with as many as 90,000 deaths a year from exposure to this material. Characterized by breathing problems, chest pain, fatigue, and a host of other symptoms, lung cancer and mesothelioma related injuries have resulted from people breathing air contaminated by tiny fibers that asbestos releases. We are taking cases for those who are afraid they may have received some type of contamination from asbestos. For additional information about the symptoms and diseases associated with asbestos, please visit our mesothelioma lawyer practice center.

There are settlement funds available for individuals who have been injured by asbestos related diseases. Occupations most commonly affected due to close proximity to asbestos related materials are:

• Homebuilders
• Contractors
• Insulation installers
• Electricians
• Plumbers
• Shipyard workers
• Railroad workers
• Demolition experts
• Process and power plant workers
• Miners
• Automobile mechanics
• Do-it-yourselfers

We also have practice centers for our state specific sites.
Utah Asbestos Lawyer
Idaho Asbestos Lawyer
Spokane Mesothelioma Lawyer

2 Million Baby Cribs Recalled

Over 2 million baby cribs with drop down sides are being recalled after 16 entrapments have occurred with babies. No deaths are being reported at this time.

If you are the owner of one of these cribs, contact the manufacturer immediately to see if they have a repair kit to immobilize the drop down side, or other instructions for you.

  • 750,000 Jenny Lind drop-side cribs distributed by Evenflo Inc.
  • 747,000 Delta drop-side cribs. Delta is also urging parents to check all fixed and drop-side cribs that use wooden stabilizer bars to support the mattress. The company says the bars can be installed upside down, causing the mattress platform to collapse. CPSC spokesman Scott Wolfson said Delta “was not cooperative with providing the full number of units involved in the mattress support assembly problem.”
  • 306,000 Bonavita, Babi Italia and ISSI drop-side cribs manufactured by LaJobi Inc.
  • 130,000 Jardine drop-side cribs imported by Toys R Us.
  • 156,000 Million Dollar Baby drop-side cribs.
  • 50,000 Simmons drop-side cribs.
  • 40,000 to 50,000 Child Craft brand stationary-side cribs and an unknown number of Child Craft brand drop-sides. Child Craft ceased operations last summer and sold its name to Foundations Worldwide Inc., which did not manufacture or sell any of the recalled cribs but will offer rebates for some of them.

If you have had a friend or member of your family hurt by a crib or other dangerous product, we hope you will give us a call and let us try to help you with your situation.

Mesothelioma Lawsuit

Asbestos Lawyer
For decades asbestos was used in all kinds of building materials because of its high fire-resistant properties. Tragically, the material becomes airborne when disturbed and enters the lungs of those who breath it causing a variety of diseases including lung cancer and mesothelioma. Anyone exposed to homes or work environments that used asbestos in the construction may have mild to serious symptoms of these diseases. Symptoms include persistent coughing, labored breathing, chest pain, wheezing, fatigue (due to low oxygen intake), swelling or pain in the abdomen, sore throat, bowel difficulties, and more. Treatments for the diseases caused by asbestos exposure are either very difficult such as a lung replacement, or not available.

Settlements can be reached for individuals who have suffered the effects of asbestos exposure. We encourage you to visit our practice area and learn more about this disease and how we can help you with your case.

Asbestos Exposure Help

McDonald’s Recalls ‘Shrek’ Glasses

If you or someone you know has purchased one of the 12 million collectible Shrek glasses at a McDonalds restaurant, McDonald’s is asking that you return the glass immediately for a full refund. They have discovered the glasses contain cadmium which has been shown to have injurious health effects. A few months ago certain retailers including Walmart issued a recall over jewelry containing cadmium which we reported on as well. McDonald’s has said the levels of cadmium are far less than that in the recalled jewelry, but it still warrants a recall to protect people from the long-term exposure to a material known to cause kidney and other health issues.

Some individuals are saying McDonalds will take a hit for selling an unsafe product to the public, but mistakes do happen and it is comforting to see that McDonalds is doing the right thing in recalling the glasses immediately after discovering the issue. The true problems occur when there are cover-ups and deceptive practices to benefit the bottom line while causing widespread problems for people such as in cases like fen phen and other dangerous drugs.

When you or someone you know needs a Utah product liability attorney, we hope you will turn to Craig Swapp & Associates.

Shocking Inspection of Tylenol Plant

On May 6th, 2010, the FDA released a report on their inspection of a Tylenol Plant in Fort Washington, Pennsylvania. The report was very discouraging and one former employee of Johnson & Johnson was reported to have said the report was “the worst I’ve seen. It suggests that basically the FDA found an issue with almost every system at the plant.”

We previously reported the large scale Tylenol recall that parent company McNeil had issued for dozens of liquid products and want to reiterate the need for parents to take precautions that if you have one of these lots that you return it to the store and get new medicine, preferably a generic that hasn’t been potentially tainted in some way with contaminants or by being made too weak or too strong in the active ingredients.

The CEO of J&J has publicly apologized, but with as widespread a problem as this is and with controls at the plant so lax, it seems stronger measures need to be taken to send a message. CNN Money reports that among the options the FDA has would be to shut down the plant or impose constant inspections. What do you think is fair? Comment below.

Simplicity Cribs Recalled

The U.S. Consumer Product Safety Commission (CPSC) has recalled all cribs with tubular metal mattress support frames. You should contact the store where you purchased the crib for information regarding a refund, replacement, or store credit.

The problem with these cribs was in the way the frame can bend or even break away, creating a space for an infant to become entrapped in or wedged. There has been at least 1 death of an infant and several injuries.

The CPSC also reminds parents to never use a crib with a missing or broken part. Infants and toddlers have died in cribs with makeshift repairs.

Picture of a Recalled Crib Picture of Detached Tubular Support Frame

Picture of Bent Tubular Support Frame

Picture of Bent Tubular Support Frame

Picture of End Panel Label

If you need a Salt Lake City product liability lawyer to handle your injury case, contact us today. Craig Swapp & Associates is licensed in most Western states and has offices in SLC, UT, Spokane, WA, and Boise, ID.