http://www.saundersblog.com/ Consumer Justice Attorney Joseph Saunders Personal Injury Web Blog. Board Certified Civil Trial Lawyer by the Florida Bar Board of Legal Specialization and Education. Member of the Million Dollar Advocates Forum en Copyright 2008 Thu, 24 Jul 2008 10:29:53 -0500 http://www.sixapart.com/movabletype/ http://blogs.law.harvard.edu/tech/rss The federal government has charged a Hong Kong based shipping company with falsifying documents relating to the investigation of an oil spill in San Francisco Bay last year. Accoring to an Associated Press report, "Unidentified "senior ship officers and shore-based supervisory officials concealed and covered up documents with an intent to impede, obstruct and influence the investigation of the spill," according to a Department of Justice summary of the indictment. The indictment also charges Fleet Management with two counts of misdemeanor crimes under the Clean Water Act and the Migratory Bird Treaty Act for negligently causing the crash, which dumped 53,000 gallons of toxic bunker fuel into the bay. The spill killed and injured thousands of birds and fouled beaches throughout Northern California. http://www.saundersblog.com/2008/07/feds_charge_hong_kong_company.html http://www.saundersblog.com/2008/07/feds_charge_hong_kong_company.html Thu, 24 Jul 2008 10:29:53 -0500 This time the implantable hip device is manufactured by Zimmer Holdings. Most recently, Stryker hips were recalled because of manufacturing and design issues. The Zimmer hip, although not recalled, has received complaints from surgeons and patients who state that the design is flawed causing many patients to undergo revision hip surgery. Zimmer officials claim that the design is not defective but admits that some surgeons have found the device difficult to implant. Zimmer's comments come on the heels of its own investigation into the implant after some surgeons had complained to them about the medical device. Since it was first sold in the United States in 2006, the Durom cup has been implanted in more than 12,000 patients. According to a report in the NY Times, "The issue with the device surfaced in April when a surgeon in Los Angeles, Dr. Lawrence Dorr, publicly warned other orthopedists about cup failures his patients were experiencing. In response, Zimmer said it would start an investigation but said it saw no reason to take added action like halting sales." Dorr has said that he won't start using the hip device again, "It is a bad design." http://www.saundersblog.com/2008/07/complaints_about_another_artif.html http://www.saundersblog.com/2008/07/complaints_about_another_artif.html Thu, 24 Jul 2008 09:10:15 -0500 Digitek, a drug manufactured by Actavis Totowa to treat irregular heartbeats, has been recalled by the FDA after reports of severe life-threatening drug reactions. The problem with Digitek concerns the amount of its active ingredient digoxin in the pill. Digitek contains more than the amount set forth on the label causing adverse reactions such as a plummeting heart rate, blindness, confusion and incoherent speech. On April 25, 2008 the FDA announced a nationwide recall of all Digitek tablets because of the potential that the tablets were double the appropriate thickness and contained up to twice the approved level of the active ingredient. http://www.saundersblog.com/2008/07/digitek_draws_fire_and_lawsuit.html http://www.saundersblog.com/2008/07/digitek_draws_fire_and_lawsuit.html Thu, 24 Jul 2008 08:59:36 -0500 Bishop Daniel O'Reilly knew in 1971 that one of his priests Robert Marcantonio, had abused several young boys yet Marcantonio left for Ames Iowa in 1970 for treatment. He also apparently abused again in Dubuque Archdiocese where he was released for "service" to the Archdiocese of Dubuque. He continued to abuse there as well. Yet, when a television report reveals the abuse the new bishop is outraged at the tv station and not the abuser Marcantonio. Bishop Louis Gelineau cancelled all programs with the station including televised masses for the cavalier attitude of the station. Unfortunately, this has been the typical reaction of the bishops. They would rather shoot the messenger than deal with the problem of sexual abuse of children. This is not new and it continues to this day. In dealing with archdioceses and dioceses throughout the country, they would rather blame the victims, their advocates, their lawyers, and the media for the problem. they call it Catholic bashing. I call it covering up criminal behavior. http://www.saundersblog.com/2008/07/love_in_the_rectory_bashed_by.html http://www.saundersblog.com/2008/07/love_in_the_rectory_bashed_by.html Tue, 22 Jul 2008 22:43:10 -0500 In case you missed it, the Pope has spent the last few days in Australia for the World Youth Day celebrations. By most accounts, the trip was not as successful as his trip to the United States. The abuse saga in Australia continued to shadow everything the Pope did during the trip, including secretly celebrating a private mass with hand picked victims prior to leaving Australia. In my opinion, this is precisely the problem with the Catholic Church's handling of the abuse crisis (other than the fact that they've covered up the abuse for hundreds of years). The Church, in seeking to deal with the situation, continues to insist on dealing with it on their terms instead of the terms dictated by those victimized by the criminal sexual behavior of its priests. You can't handpick victims to meet with if you are seeking healing and reconciliation for the masses of victims who've been abused by priests. It just doesn't work that way. You can't decide to meet with a select few who happen to be ok with the way you handled the abuse crisis if you're trying to reform the church and deal with the massive public relations problem created by the bishops. It just doesn't work that way, not in the real world anyway. http://www.saundersblog.com/2008/07/pope_in_australia_abuse_traged.html http://www.saundersblog.com/2008/07/pope_in_australia_abuse_traged.html Mon, 21 Jul 2008 11:08:28 -0500 Merck will start issuing checks to Vioxx claimants who've been injured by the drug. Merck has stated that nearly 97% of eligible claimants have enrolled in their settlement program and as a result, Merck will waive its right to "walk away" from the agreement reached last fall with plaintiffs' attorneys. As a result, the Enrollment Deadline Date is now October 30, 2008, pursuant to Section 17.1.26 of the Settlement Agreement. Claimants may continue to Enroll in the Settlement Program until October 30, 2008. The settlements will range from $5,000 to a few million dollars depending on the usage and severity of injury. The settlement agreement should resolve approximately 50,000 lawsuits at a cost to Merck of $4,85 billion. Former Vioxx users, or their survivors, are eligible for part of the settlement if the patient suffered a heart attack, stroke or death. They must have had pending lawsuits or tolling agreements, which suspend the statute of limitations, as of Nov. 9, 2007, the date the settlement was reached. http://www.saundersblog.com/2008/07/merck_to_cut_checks_for_vioxx.html http://www.saundersblog.com/2008/07/merck_to_cut_checks_for_vioxx.html Fri, 18 Jul 2008 20:25:36 -0500 US Senator Bill Nelson plans to hold a news conference this morning at the Azalea Adult Community Center in St. Petersburg, Florida regarding the toxic plume in the Azalea neighborhood. During the press conference, Nelson is expected to call on Raytheon to clean up the neighborhood toxic spill as well as ask the federal government to get involved. "The plume is now at the front door of the elementary school," Nelson said in a news release. "We have to make sure the kids and everybody else aren't exposed." Raytheon plans to extend its testing to include air quality in the surrounding homes and apartments. The spill occurred in 1991 but area residents didn't know about it until a news investigation uncovered the toxic plume. At the time, the plant in question was owned and operated by E Systems. Raytheon purchased the plant and operation after the spill occurred but in so doing inherited the problem from E Systems as well as the responsibility to clean it up and inform residents of the possible dangers. http://www.saundersblog.com/2008/07/us_senator_bill_nelson_calls_o.html http://www.saundersblog.com/2008/07/us_senator_bill_nelson_calls_o.html Mon, 14 Jul 2008 08:58:45 -0500 The Florida Department of Environmental Protection has found toxic waste in a creek near the Raytheon property in St. Petersburg. The toxin found, 1,4-dioxane, is one of the toxins discovered in the plume of underground contamination in the Azalea neighborhood. This is the first finding of groundwater contamination related to the toxic waste associated with the Raytheon site. However, this groundwater contamination has no known connection to the previously discovered contamination in the underground aquifer. The DEP has asked Raytheon to investigate in order to determine the source of the contamination. This new finding will surely be a topic of much discussion this evening when the DEP and Raytheon hold a public meeting to discuss the problem. The DEP has told Raytheon to sink test wells near Azalea Elementary School. Officials at the school have been notified and have been instructed to inform parents of the issue. http://www.saundersblog.com/2008/07/raytheon_toxic_waste_found_in.html http://www.saundersblog.com/2008/07/raytheon_toxic_waste_found_in.html Thu, 10 Jul 2008 09:19:25 -0500 Bayer AG's Cipro and Johnson & Johnson's Levaquin will receive black box warnings from the FDA after evidence has shown that the antibiotics contain a risk of tendon ruptures. The antibiotics in question belong to the same class of antibiotics known as fluoroquinolones. While the ruptures occur most frequently in the Achilles tendon, they are also know to occur in the shoulders, biceps, hands, and thumbs. Six months ago, the advocacy group Public Citizen sued the FDA in order to obtain the black box warning, the FDA's strongest warning label that is used to warn consumers and doctors about the potential dangers and adverse effects of drugs. http://www.saundersblog.com/2008/07/class_of_antibiotics_receive_b.html http://www.saundersblog.com/2008/07/class_of_antibiotics_receive_b.html Wed, 09 Jul 2008 09:19:53 -0500 Twenty five years after one of the worst industrial spills ever, the people of Bhopal continue to suffer the consequences of the toxic poisons that remain in their soil. The toxins that remain in the soil have filtered into the water yet no one seems to know the extent of the toxicity. What is clear from the aftermath of the toxic spill is that a second generation of Bhopal residents are now suffering the effects fo the industrial accident that was never cleaned up-from cleft palates to mental retardation. On December 3, 1984, a tank at the Union Carbide facility in Bhopal leaked 40 tons of the poisonous and lethal methyl isocyanate gas, killing approximately 3,000 people while they slept. More than 500,000 people were said to be effected by the toxic leak and they were to receive compensation of $550 each. However, some people have yet to receive any compensation. This is where the Bhopal tragedy turns tricky. Union Carbide was sold to Dow Chemical in 1991. But Dow claims no responsibility for the cleanup or remediation of the site since it passed through the hands of the Madhya Pradesh State government in June 1998. Dow remains committed to the story that it did not know the accident site remains unremediated and won't take any responsibility for remediation citing potential further liability. So, in the meantime, due to government ineptitude and possible corporate malfeasance Bhopal remains a toxic waste dump. Its people continue to suffer from an accident that happened 25 years ago. An Indian doctor expresses it best, "“Had the toxic waste been cleaned up, the contaminated groundwater would not have happened,” says Mira Shiva, a doctor who heads the Voluntary Health Association, one of many groups pressing for Dow to take responsibility for the cleanup. “Dow was the first crime. The second crime was government negligence.” http://www.saundersblog.com/2008/07/bhopal_toxic_spill_still_a_dis.html http://www.saundersblog.com/2008/07/bhopal_toxic_spill_still_a_dis.html Tue, 08 Jul 2008 08:54:26 -0500 The federal judge in the Zyprexa litigation is asking Eli Lilly to settle legal claims and lawsuits arising out of its off-label marketing of Zyprexa as well as hiding its side effects. In his 291 page draft order Judge Jack Weinstein argued, ""There is sufficient evidence of fraud under RICO to go to a jury," He added: "There is evidence that off-label use of Zyprexa was excessive and may have been encouraged by Lilly." While the order is not in final form, it is significant and will add pressure to settle the Zyprexa claims. It also is important regarding other pharmaceutical companies' marketing techniques, especially the so-called off-label usage. http://www.saundersblog.com/2008/07/zyprexa_judge_urges_eli_lilly.html http://www.saundersblog.com/2008/07/zyprexa_judge_urges_eli_lilly.html Mon, 07 Jul 2008 12:46:57 -0500 In an unprecedentedly frank interview with National Catholic Reporter's John Allen, Archbishop Edward O'Brien of Baltimore has demanded that the Legionaries of Christ as well as their lay colleagues in Regnum Christi be more accountable and transparent to the Archbishop as well as the wider church. In the wide-ranging interview conducted during the American Bishops meeting a few weeks ago in Orlando, O'Brien stated that he was prepared to remove the controversial religious order from the Archdiocese until three prominent Roman cardinals intervened on the Legion's behalf. An excerpt of O'Brien's interview follows, "But what goes on in the one-on-one counseling … there seems to be a tendency to say, ‘We represent God. You can tell us anything, and you better believe that what we tell you is from God too. If your parents disagree, we know better. We’re in the God business, and they’re really not.’ This is a caricature, but it’s there. They sponsor father/son weekends. The father drives 14 hours, brings the kid up to New Hampshire and drops the kid off at 11:00 at night. Where’s the farther going to stay? Well, there’s a place about 40 miles away you can stay, so the father’s sleeping in the car overnight. Next day they’re ready for the hike, but no, the fathers don’t go, it’s just the counselors and the kids. That’s the tendency. Who’s in charge of this? Who’s responsible? Each time you meet with an official, [they say], ‘Oh, no, that didn’t happen, did it? You should have let us know right away. That’s not right.’ But it happens over and over again." In light of the sexual abuse charges against the Legionaries late founder and the highly secretive, cult-like behavior of its members, it's fortunate that a Bishop has acted and spoken somewhat forthrightly about this group. http://www.saundersblog.com/2008/07/baltimore_archbishop_unwitting.html http://www.saundersblog.com/2008/07/baltimore_archbishop_unwitting.html Mon, 07 Jul 2008 09:45:49 -0500 In a move widely seen as an attempt to lessen criticism, Pfizer is halting its funding of medical education courses. The courses which had been funded by Pfizer and other pharmaceutical companies were widely seen by industry professionals as a marketing tool during which the drug companies could showcase their line of products under the guise of continued medical education. Fortunately for the consumer, the public outcry reached a level that Pfizer's public relations machine decided it no longer made sense to offer the courses to the doctors. http://www.saundersblog.com/2008/07/pfizer_to_end_direct_funding_o.html http://www.saundersblog.com/2008/07/pfizer_to_end_direct_funding_o.html Mon, 07 Jul 2008 09:39:13 -0500 A local mental health facility has been temporarily shut down due to an infestation of bed bugs. Personal Enrichment for Mental Health Services, is being monitored by health officials until the bed bug problem is resolved. Bed bugs, unlike roaches or fleas, hide in the mattresses and can cause painful bites. Bed bugs are small wingless insects that feed solely upon the blood of warm-blooded animals. Bed bugs and their relatives have evolved as nest parasites. Certain kinds inhabit bird nests and bat roosts and await the return of their hosts; others have adapted well to living in the ‘nests’ (homes) of people. Hatchling bed bugs are about the size of a poppy seed, and adults are about 1/4 of an inch in length. From above they are oval in shape, but are flattened from top to bottom. Their color ranges from nearly white (just after molting) or a light tan to a deep brown or burnt orange. The host’s blood may appear as a dark red or black mass within the bug’s body. Because they never develop wings, bed bugs cannot fly. When disturbed, bed bugs actively seek shelter in dark cracks and crevices. Cast skins of bed bugs are sometimes discovered. Although such a finding confirms that bed bugs had been present previously, it does not confirm that any continue to infest the residence. Thus, inspect carefully for live crawling bed bugs. Because many other kinds of small brown bugs may be discovered, it is critical to ensure that the bugs are correctly identified (more about this below). Do bed bugs cause harm or spread pathogens (disease-causing germs)? Bed bugs seek out people and animals, generally at night while these hosts are asleep, and painlessly sip a few drops of blood. While feeding, they inject a tiny amount of their saliva into the skin. Repeated exposures to bed bug bites during a period of several weeks or more causes people to become sensitized to the saliva of these bugs; additional bites may then result in mild to intense allergic responses. The skin lesion produced by the bite of a bed bug resembles those caused by many other kinds of blood feeding insects, such as mosquitoes and fleas. The offending insect, therefore, can rarely be identified by the appearance of the bites. A physician should be consulted to rule out other causes for the lesions and to offer treatment, as needed. The affected person should resist the urge to scratch the bites, as this may intensify the irritation and itching, and may lead to secondary infection. Physicians often treat patients with antihistamines and corticosteroids to reduce allergic reactions and inflammation. Despite what you may have heard or read elsewhere, bed bugs are not known to transmit any infectious agents http://www.saundersblog.com/2008/07/st_pete_mental_health_facility.html http://www.saundersblog.com/2008/07/st_pete_mental_health_facility.html Fri, 04 Jul 2008 11:56:54 -0500 A local mental health facility has been temporarily shut down due to an infestation of bed bugs. Personal Enrichment for Mental Health Services, is being monitored by health officials until the bed bug problem is resolved. Bed bugs, unlike roaches or fleas, hide in the mattresses and can cause painful bites. Bed bugs are small wingless insects that feed solely upon the blood of warm-blooded animals. Bed bugs and their relatives have evolved as nest parasites. Certain kinds inhabit bird nests and bat roosts and await the return of their hosts; others have adapted well to living in the ‘nests’ (homes) of people. Hatchling bed bugs are about the size of a poppy seed, and adults are about 1/4 of an inch in length. From above they are oval in shape, but are flattened from top to bottom. Their color ranges from nearly white (just after molting) or a light tan to a deep brown or burnt orange. The host’s blood may appear as a dark red or black mass within the bug’s body. Because they never develop wings, bed bugs cannot fly. When disturbed, bed bugs actively seek shelter in dark cracks and crevices. Cast skins of bed bugs are sometimes discovered. Although such a finding confirms that bed bugs had been present previously, it does not confirm that any continue to infest the residence. Thus, inspect carefully for live crawling bed bugs. Because many other kinds of small brown bugs may be discovered, it is critical to ensure that the bugs are correctly identified (more about this below). Do bed bugs cause harm or spread pathogens (disease-causing germs)? Bed bugs seek out people and animals, generally at night while these hosts are asleep, and painlessly sip a few drops of blood. While feeding, they inject a tiny amount of their saliva into the skin. Repeated exposures to bed bug bites during a period of several weeks or more causes people to become sensitized to the saliva of these bugs; additional bites may then result in mild to intense allergic responses. The skin lesion produced by the bite of a bed bug resembles those caused by many other kinds of blood feeding insects, such as mosquitoes and fleas. The offending insect, therefore, can rarely be identified by the appearance of the bites. A physician should be consulted to rule out other causes for the lesions and to offer treatment, as needed. The affected person should resist the urge to scratch the bites, as this may intensify the irritation and itching, and may lead to secondary infection. Physicians often treat patients with antihistamines and corticosteroids to reduce allergic reactions and inflammation. Despite what you may have heard or read elsewhere, bed bugs are not known to transmit any infectious agents http://www.saundersblog.com/2008/07/st_pete_mental_health_facility_1.html http://www.saundersblog.com/2008/07/st_pete_mental_health_facility_1.html Fri, 04 Jul 2008 11:56:54 -0500