Charpentier Law Firm Blog

Florida Today-December 30, 2010-Associated Press-According to this article auto makers recalled about 20 million vehicles in 2010, led by high-profile recalls by Toyota that prompted new scrutiny of the auto industry safety record. According to the article the number of recalls in 2010 is the most since 2004 when the auto industry set a record with 30.8 million recalled vehicles. Toyota recalled about 7.1 million vehicles in 2010. Safety recalls can be expensive for car manufacturers costing in the tens of millions of dollars. In addition, according to the article, safety recalls have become more common since 2000, when Congress passed legislation to spot safety defects more quickly in the aftermath of the massive Firestone Tire recalls.

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The Associated Press (December 7, 2010) reported the U.S. Consumer Product Safety Commission and Target Corporation announced the recall of “about 1,500 Circo Children’s Space Combo Packs” because “the tent’s floor poses a fire hazard.” The Consumer Product Safety and the Retailer urged owners of the product to “immediately stop using the tents and return them to any Target location for a full refund or store credit.” Thankfully, so far ” no injuries have been reported.”

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Wall Street Journal (December 8, Helliker)-reports that a first-of-its-kind suit U.S. Smokeless Tobacco agreed to five million dollar settlement in a wrongful death suit from the family of a life-long tobacco chewer who died of mouth cancer. The deceased began using Skoll and Copenhagen tobacco at age thirteen. According to the plaintiffs attorney, “the fact that he was addicted as a child took away any personal responsibility defense, and the absents of any label meant they couldn’t say, “we warned you”.”

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CNN Money (Decembe1, 2010-Kavilanz) This article reports that a year after FDA warnings to “get its act together,” inspectors at Johnson & Johnson McNeil Consumer Health Care unit “continue to find problems.” The article points out that between January and September 2010 inspectors found “49-customer complaints of product mix-ups.” Recently, a report listed eight separate violations. According to the FDA the company’s Puerto Rico drug manufacturing facility lacks “quality controls….safe guards to isolate, single “rejected-single” raw materials and drugs.” The article goes onto note the “Puerto Rico plant was a source of millions of adult Tylenol, Motrin and Benadryl drugs that were recalled in late 2009, in January 2010, and again in July 2010 over concerns of a moldy, musty color.” The company remains the focus of an FDA criminal investigation.

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The American Association for Justice ( December 2, 2010) reports, unforseen hazards are still finding their way into toys despite recently improved safety standards, illustrating the need for a strong civil justice system that protects children and holds negligent manufacturers accountable, according to a new report recently released by the American Association for Justice (AAJ).

For years, corporations have knowingly shipped toys with hidden dangers like small parts, loose magnets, asbestos, and other toxic chemicals until outraged from parents and civil actions forced regulators or manufacturers to act.

“As toys have become more sophisticated, so too have the risk associated with them,” said AAJ President Gibson Vance. Protecting our children required vigilance from everyone. According to the article regulators, parents, manufacturers and the civil justice system all play a part in keeping dangerous toys off store shelves.

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According to an article in Health Day News (November 19, 2010) at the request of the U.S. Food and Drug Administration, Xanodyne pharmaceuticals have agreed to withdraw Propoxyphene, an opiate used to treat mild to moderate pain, from the U.S. market due to the risk of potentially serious or even fatal heart rhythm heart abnormalities. This drug is sold by prescription as a single agent (Darvon) or in combination with Acetaminophen (Darvocet). Apparently the FDA recently sought to request withdraw of Propoxyphene from the market, as the agency concluded that the risk of Propoxyphene out weighed the benefits of the drug. According to the article new clinical data presented to the FDA revealed the potential of heart rhythm abnormalities related to the drug.

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According to an Associated Press report (November 30, 2010) a Federal Judge in Maine denied class actions status to smokers suing Phillip Morris. According to the suit, “smokers of Marlboro Lights, Virginia Slims Lights and other light cigarettes were misled into thinking that the cigarettes contained less tar and nicotine.” Apparently the judges ruling noted that the class included members who were aware that light cigarettes were no healthier than regular cigarettes and “those class members were not injured by the dependent’s misconduct and thus do not have standing.” One of the plaintiff’s attorneys said the ruling is being considered for an appeal.

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Washington Post – November 30, (Layton) reports, “the Senate is expected to vote on legislation that would revamp food safety, give significant new authority to the food and drug administration and place new responsibilities on farmers and processors to keep food from contamination.” The Washington Post article explains that “a verison of the bill easily passed in the house more than a year ago but has had problems in the Senate. Apparently majority leader Harry Reid is pushing to get the bill passed before the lane-duct session ends in December 2010.”

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Florida Today-November 17, 2010-According to this article a Florida jury awarded the surviving daughter of a deceased smoker 80 million dollars. The law suit was brought against RJ Reynolds tobacco company. Surviving daughter apparently claimed that her father’s 1996 death was caused by a 60-year smoking addiction. She went onto allege that the addiction was fueled by RJ Reynolds manipulation and deception. The jurors from Levy County, Florida awarded 8 million dollars in compensatory damages and 72 million dollars in punitive damages.

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There is a recall involving various models of Garmin GPS. The potential number of units affected is 796,000. In short, Garmin is recalling Nuvi model portable automotive GPS products sold for use as after market equipment and sold and installed as original equipment in certain passenger vehicles that contain third-party lithium ion batteries manufactured in certain date range. In rare circumstances the batteries contained affected GPS units can over heat. If that were to occur over heated batteries could result in a fire.

Garmin will notify owners of record and technicians will repair the GPS units by replacing the battery and inserted a spacer on top of the battery free of charge. Garmin plans to launch a public notification campaign that will include press releases and website postings, among other materials. Owners may contact Garmins’ Nuvi battery recall information line at 866-957-1981. NHTSA Campaign ID#: 10E039000 (Motorcycle Consumer News November 2010)

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