Archive for the 'Product Safety' Category

Judge rules for Taser in cause-of-death decisions

From AZCentral:

 Taser International has fired a warning shot at medical examiners across the country.

 

The Scottsdale-based stun gun manufacturer increasingly is targeting state and county medical examiners with lawsuits and lobbying efforts to reverse and prevent medical rulings that Tasers contributed to someone’s death.

 

That effort on Friday helped lead an Ohio judge’s order to remove Taser’s name from three Summit County Medical Examiner autopsies that had ruled the stun gun contributed to three men’s deaths.

 

“We will hold people accountable and responsible for untrue statements,” Taser spokesman Steve Tuttle said earlier this week. “If that includes medical examiners, it includes medical examiners.”Many medical examiners, who are charged with determining the official causes of death, view the Scottsdale-based company’s efforts as disturbing, the spokesman for the National Association of Medical Examiners says.

 

“It is dangerously close to intimidation,” says Jeff Jentzen, president of the National Association of Medical Examiners. “At this point, we adamantly reject the fact that people can be sued for medical opinions that they make.”

 

In the Ohio case, the judge said the county offered no medical, scientific or electrical evidence to justify finding the stun gun was a factor in the deaths of two men in 2005 and another in 2006. Taser and the City of Akron sued the medical examiner, saying examiners in the case lacked the proper training to evaluate Tasers.

 

Chief Medical Examiner Lisa Kohler said that her examiners rightly concluded Taser contributed to the deaths and said county lawyers will appeal the judge’s ruling.

 

“I would not be going forward with this if I did not believe in the rulings,” she said.

 

The judge’s order could have an immediate impact on criminal cases against five Summit County sheriff’s deputies who were charged in the 2006 “homicide” of a jail inmate. Instead of homicide, the judge ordered the cause of death changed to “undetermined.”

 

Laying a foundation

 

Before Friday’s verdict, legal experts said Taser’s victory could lay the foundation for other cases against dozens of medical examiners who have ruled that shocks from the 50,000-volt stun gun can be fatal.

 

Medical examiners say they’re concerned that Taser’s aggressive moves could have a chilling effect on doctors, preventing them from blaming Tasers for deaths even when evidence exists.

 

Taser still faces lawsuits from family members of victims who claim the stun gun is deadly and the company has not done proper medical research. They allege police officers are using the weapon as a compliance tool against people who do not pose significant threats.

 

But the company has won an impressive number of legal victories and said it has only paid out settlements in a few cases involving police officer injuries. To date, the company says more than 60 cases have been dismissed.

 

Taser stun guns are a fixture among police. It is used by more than 12,000 police agencies across the country, and by every major law enforcement agency in the Valley. Many police agencies credit the gun with preventing deaths and injuries to officers and suspects.

 

Taser maintains they are safe 

 

Article Continues @ Sourced Site

New abuse detailed at slaughterhouse

By FREDERIC J. FROMMER, Associated Press Writer

WASHINGTON - When an animal with untrimmed horns got stuck in a chute at a California cattle slaughterhouse, employees electrically prodded it repeatedly to get it to move, according to a congressional report on a case that led to the largest beef recall in U.S. history.

An undercover video by the Humane Society of the United States earlier this year already captured workers at Chino-based Westland/Hallmark Meat Co. dragging crippled cattle with chains, shocking them with electric prods and shooting streams of water in their faces.

But the report by the House Oversight and Government Reform domestic policy subcommittee includes the incident in the chute, which was not on the publicly released video. The subcommittee will discuss the report, and how to achieve greater transparency in the meat industry, at a hearing Thursday.

The report is based in part on an interview that congressional staffers did with the Humane Society investigator who shot the video. He told them that the manager at the plant encouraged the practice he saw in the chute, despite the animal’s bellows.

Other findings in the report, based on the investigator’s comments:

- Prior to an audit of the plant, management told staffers not to engage in inhumane handling in front of inspectors.

- Employees didn’t fear getting caught committing handling abuses because inspectors never showed up unannounced.

Messages left with Westland/Hallmark Meat Co. President Steve Mendell and his attorney, Asa Hutchinson, were not immediately returned. More

Drug Makers Near Old Goal: A Legal Shield

From The New York Times:By GARDINER HARRIS and ALEX BERENSONPublished: April 6, 2008

 

 For years, Johnson & Johnson obscured evidence that its popular Ortho Evra birth control patch delivered much more estrogen than standard birth control pills, potentially increasing the risk of blood clots and strokes, according to internal company documents.

 

 But because the Food and Drug Administration approved the patch, the company is arguing in court that it cannot be sued by women who claim that they were injured by the product — even though its old label inaccurately described the amount of estrogen it released.

 

This legal argument is called pre-emption. After decades of being dismissed by courts, the tactic now appears to be on the verge of success, lawyers for plaintiffs and drug companies say. 

 

This legal argument is called pre-emption. After decades of being dismissed by courts, the tactic now appears to be on the verge of success, lawyers for plaintiffs and drug companies say.

 

The Bush administration has argued strongly in favor of the doctrine, which holds that the F.D.A. is the only agency with enough expertise to regulate drug makers and that its decisions should not be second-guessed by courts. TheSupreme Court is to rule on a case next term that could make pre-emption a legal standard for drug cases. The court already ruled in February that many suits against the makers of medical devices like pacemakers are pre-empted.

 

More than 3,000 women and their families have sued Johnson & Johnson, asserting that users of the Ortho Evra patch suffered heart attacks, strokes and, in 40 cases, death. From 2002 to 2006, the food and drug agency received reports of at least 50 deaths associated with the drug. 

 

Article Continues @ Sourced Site.  

FDA probes Merck drug, possible suicides

Via Yahoo News:By MATTHEW PERRONE, AP Business WriterThu Mar 27, 11:08 PM ET

 WASHINGTON - The Food and Drug Administration said Thursday it is investigating a possible link between Merck’s best-selling Singulair and suicide. FDA said it is reviewing a handful of reports involving mood changes, suicidal behavior and suicide in patients who have taken the popular allergy and asthma drug.

 

With sales of $4.3 billion last year, Singulair is used by millions of patients in the U.S, according to Merck. First approved in 1998, it’s part of a class of asthma and allergy drugs that includes AstraZeneca PLC’s Accolate and Critical Therapeutics Inc.’s Zyflo.

 

Merck officials stressed that the FDA’s inquiry is based on reports, not clinical studies — which are the standard tool for evaluating drug safety. The company said none of the 11,000 patients enrolled in 40 Singulair trials has committed suicide. 

  Article Continues @ Sourced Site. * Thanks to Lady J for the heads up on this story. 

2.4 Million magnetic toys recalled

Mega Brands America has recalled about 2.4 million Magtastik and Magnetix Jr. toys, as well as MagnaMan figures. The U.S. Consumer Product Safety Commission said that magnets in the small flexible parts of the animals, vehicles and building sets can detach. More

From MSNBC:

The model number is printed on the front of the product’s packaging.

  • Sold at: Wal-Mart, Target, Toys R Us, K-Mart and other toy stores nationwide from January 2005 through December 2007 for about $10.
  • Manufactured in: China
  • Remedy: Consumers should stop using the recalled toys immediately and return them to MEGA Brands for a free replacement toy.
  • Consumer Contact: For additional information, contact MEGA Brands at (800) 779-7122 between 8 a.m. and 6 p.m. ET Monday through Friday, or visit the firm’s Web site at www.megabrands.com

To report a dangerous product or a product-related injury, call CPSC’s hotline at (800) 638-2772 or CPSC’s teletypewriter at (800) 638-8270 or visit CPSC’s Web site at www.cpsc.gov/talk.html  Consumers can obtain this release and recall information at CPSC’s Web site at www.cpsc.gov

Complete product list from Click On Detroit:

This recall of building toys includes several products:

  • Magtastik Starter Set, Model No. 427
  • 40 Piece Tub, Model No. 468
  • Magtastik Deluxe Set, Model No. 428
  • Deluxe New Starter Set, Model No. 467
  • Primary, Model No. 429
  • Wonder Coaster, Model No. 465
  • Primary Starter, Model No. 431
  • Starter Set New Parts, Model No. 496
  • Car, Model No. 434
  • Helicopter, Model No. 435
  • Wonder Coaster, Model No. 465
  • Fun Pack, Model No. 448
  • Jumbo 24 Piece Bag, Model No. 456
  • Round Bag, Model No. 461
  • 12 Piece Mag Bag, Model No. 462
  • Target Bucket, Model No. 466
  • Magnimals - Dog, Model No. 425
  • Magnimals - Monkey, Model No. 424
  • Magnimals - Dinosaur, Model No. 426
  • Magnimals Assortment, Model No. 423
  • Mag Mobile Assortment, Model No. 433
  • Magnimals Pet Set, Model No. 436
  • Magnimals Bonus Pack, Model No. 446
  • Easter Pack, Model No. 469
  • Alien, green, Model No. 28170
  • Robot assortment, Model No. 28198
  • Robotor Red, Model No. 28171
  • Vac Metal, Model No. 28327
  • Flame, orange, Model No. 28172
  • Gigantor, blue, Model No. 28173
  • Toyoto the Samurai, purple, Model No. 28164
  • Sir Lancelot the Knight Gray, Model No. 28165
  • Vac Metal Assortment, Model No. 28327
  • Eric the Viking Blue, Model No. 28166
  • Assortment, Model No. 28254 or 28199
  • Brutus the Gladiator, yellow, Model No. 28167
  • 4-Pack, Model No. 28175
  • 3-Pack, Model No. 28393
  • 2-Pack,, Model No. 28392
  • Water

    Story #1: Via Yahoo:

    Water makes US troops in Iraq sick
    By LARRY MARGASAK, Associated Press Writer
    Sun Mar 9, 11:38 AM ET

    WASHINGTON - Dozens of U.S. troops in Iraq fell sick at bases using “unmonitored and potentially unsafe” water supplied by the military and a contractor once owned by Vice President Dick Cheney’s former company, the Pentagon’s internal watchdog says.

    A report obtained by The Associated Press said soldiers experienced skin abscesses, cellulitis, skin infections, diarrhea and other illnesses after using discolored, smelly water for personal hygiene and laundry at five U.S. military sites in Iraq.

    The Defense Department’s inspector general’s report, which could be released as early as Monday, found water quality problems between March 2004 and February 2006 at three sites run by contractor KBR Inc., and between January 2004 and December 2006 at two military-operated locations.

    It was impossible to link the dirty water definitively to all the illnesses, according to the report. But it said KBR’s water quality “was not maintained in accordance with field water sanitary standards” and the military-run sites “were not performing all required quality control tests.”

    The report said KBR took corrective steps and was providing adequate water quality by November 2006. But military units at the two sites they controlled were still failing to perform required quality control tests and maintain appropriate records by that time.

    “Therefore, water suppliers exposed U.S. forces to unmonitored and potentially unsafe water,” at the military sites by late 2006, the report said.

    Article Continues @ Sourced Site.

    *****
    Story  #2 Via mlive.com

     Pharmaceuticals found in drinking water of 24 major metro areas

    (AP) — At least one pharmaceutical was detected in tests of treated drinking water supplies for 24 major metropolitan areas, according to an Associated Press survey of 62 major water providers and data obtained from independent researchers.

    Only 28 tested drinking water. Three of those said results were negative; Dallas says tests were conducted but results are not yet available. Thirty-four locations said no testing was conducted.

    Test protocols varied widely. Some researchers looked only for one pharmaceutical or two; others looked for many.

    Some water systems said tests had been negative, but the AP found independent research showing otherwise. Both prescription and non-prescription drugs were detected.
    Because coffee and tobacco are so widely used, researchers say their byproducts are good indicators of the presence of pharmaceuticals. Thus, they routinely test for, and often find, both caffeine and nicotine’s metabolite cotinine more frequently than other drugs.

    Here’s the list of metropolitan areas, grouped by categories — those with positive test results, including the number of pharmaceuticals detected and some examples of specific drugs found, locations where tests were negative, locations where tests were not conducted and a location with pending results:

    TESTED POSITIVE

    Arlington, Texas: 1 (unspecified pharmaceutical)

    Atlanta: 3 (acetaminophen, caffeine and cotinine)

    Cincinnati: 1 (caffeine)

    Click Here for the Complete list of effected Metro Areas.

    Background Article @ The Times-Tribune.com

    Charges filed in poison toothpaste case

    LOS ANGELES, California (AP) — Criminal charges have been filed against a company that prosecutors say imported and distributed nearly 90,000 tubes of Chinese toothpaste containing a poisonous substance and a wholesaler supplier of the tubes, City Attorney Rocky Delgadillo announced.

    Selective Imports Corp. sold the toothpaste containing diethylene glycol to distributors nationwide between December 2005 and May 2007, prosecutors said Thursday. Vernon Sales Inc. is accused of buying some of the tubes and reselling them to Los Angeles stores.

    Diethylene glycol is a chemical used in antifreeze and as a solvent. Chinese manufacturers have used the chemical, known as DEG, as a cheaper alternative to glycerin, which thickens toothpaste. Exposure to DEG, however, can cause kidney and liver damage over time.

    Vernon Sales President Kamyab Toofer, Vice President Pejman Mossay and the company itself each were charged with 14 criminal counts of receiving, selling and delivering an adulterated drug.

    Selective Imports, its president, Frahad Nazarian and Vice President Yones Ghermezi each were charged with two criminal counts each of receiving, selling and delivering products containing DEG.

    The companies are liable for distributing the tainted product even if they had no direct knowledge of the risk because they were negligent in not ensuring the toothpaste was safe, Supervising Deputy City Attorney Jerry Baik said.

    The misdemeanor charges were filed Monday, he said. Each count carries a maximum penalty of one year in jail and a $1,000 (650 euros) fine.

    Last month, a federal grand jury indicted Las Vegas-based ChemNutra Inc. and two Chinese businesses in the tainted pet food incidents that killed potentially thousands of animals. More

    USDA Rejects ‘Downer’ Cow Ban: Agriculture Secretary Finds Existing Meat-Processing Rules Adequate

    Courtesy The Washington Post:

     By Christopher Lee

    Washington Post Staff Writer 

    Friday, February 29, 2008; Page A03 

    Agriculture Secretary Ed Schafertold Congress yesterday that he would not endorse an outright ban on “downer” cows entering the food supply or back stiffer penalties for regulatory violations by meat-processing plants in the wake of the largest beef recall in the nation’s history.
    Appearing at a Senate Appropriations subcommittee hearing, Schafer said the department is investigating why it missed the inhumane treatment of cattle at the Westland/Hallmark Meat Co. in Chino,Calif., including workers administering electric shocks and high-intensity water sprays to downer cows — those too sick or weak to stand without assistance.
    The secretary announced interim steps such as more random inspections of slaughterhouses and more frequent unannounced audits of the nearly two dozen plants that process meat for federal school lunch programs.
    But he deflected calls from Sen. Herb Kohl (D-Wis.), the subcommittee chairman, for the government to ban all downer cows from the food supply, increase penalties for violators and require installation of 24-hour surveillance cameras in processing plants.
    “The penalties are strong and swift, as we have shown,” Schafer said. “Financially, I don’t see how this company can survive. People need to be responsible and, from USDA’s standpoint, they will be held responsible. . . . They broke the rules. That does not mean the rules are wrong. I believe the rules are adequate.”

    Story Continues @ Sourced Site

     

    24,000 baby cribs recalled, concerns raised over other products

    WASHINGTON (AP) — Safety officials announced a recall of 24,000 cribs Thursday and also warned parents against putting their babies to bed with pillows and other soft bedding that could suffocate them.

    The 24,000 Indonesian-made cribs were recalled for putting children at risk of falling out. The cribs, imported by Munire Furniture Inc., have improper brackets that don’t allow their mattresses to be fully lowered. This could allow children inside the crib to crawl over the railing and fall.

    The recall includes the company’s Majestic Curved Top, Majestic Flat Top, Essex, Brighton/Sussex and Captiva cribs with various model numbers. The cribs were sold at children’s specialty stores between November 2005 and November 2007. No injuries have been reported.

    What parents are placing inside their babies’ cribs is another concern, the Consumer Product Safety Commission said.

    From 2002 to 2004, 241 children under age 5 died in incidents involving nursery products, the CPSC said. About 40% of the deaths involved cribs, with soft bedding cited as the leading contributing factor. Many of the children suffocated when lying face down on pillows or other bedding, the agency said.

    The agency said there were 36 deaths over the same period relating to baby baths and bath seats. All occurred when caregivers left the baby unattended. In many instances, babies slipped out of bath seats, fell out of baby seats or tipped forward or sideways into the water.

    Deaths involving playpens also were high, with many resulting from the use of soft bedding.

    For more details on the crib recall, call 866-586-9639 or visit http://www.munirefurniture.com. More

    Slaughterhouse abusers get 143 million pounds of their beef recalled

    By GREG RISLING, The Associated Press

    LOS ANGELES (AP) — The U.S. Department of Agriculture on Sunday recalled 143 million pounds of frozen beef from a California slaughterhouse, the subject of an animal-abuse investigation, that provided meat to school lunch programs.

    Officials said it was the largest beef recall in the United States, surpassing a 1999 ban of 35 million pounds of ready-to-eat meats. No illnesses have been linked to the newly recalled meat, and officials said the health threat was likely small.

    The recall will affect beef products dating to Feb. 1, 2006, that came from Chino-based Westland/Hallmark Meat Co., the federal agency said.

    Secretary of Agriculture Ed Schafer said his department has evidence that Westland did not routinely contact its veterinarian when cattle became non-ambulatory after passing inspection, violating health regulations.

    “Because the cattle did not receive complete and proper inspection, Food Safety and Inspection Service has determined them to be unfit for human food and the company is conducting a recall,” Schafer said in a statement.

    A phone message left for Westland president Steve Mendell was not immediately returned.

    Federal officials suspended operations at Westland/Hallmark after an undercover Humane Society video surfaced showing crippled and sick animals being shoved with forklifts.

    Two former employees were charged Friday. Five felony counts of animal cruelty and three misdemeanors were filed against a pen manager. Three misdemeanor counts — illegal movement of a non-ambulatory animal — were filed against an employee who worked under that manager. Both were fired.

    Authorities said the video showed workers kicking, shocking and otherwise abusing “downer” animals that were apparently too sick or injured to walk into the slaughterhouse. Some animals had water forced down their throats, San Bernardino County prosecutor Michael Ramos said.

    No charges have been filed against Westland, but an investigation by federal authorities continues.

    Officials estimate that about 37 million pounds of the recalled beef went to school programs, but they believe most of the meat probably has already been eaten.

    Most of the beef was sent to distribution centers in bulk packages. The USDA said it will work with distributors to determine how much meat remains.

    Federal regulations call for keeping downed cattle out of the food supply because they may pose a higher risk of contamination from E. coli, salmonella or mad cow disease because they typically wallow in feces and their immune systems are often weak.

    About 150 school districts around the nation have stopped using ground beef from Hallmark Meat Packing Co., which is associated with Westland. Two fast-food chains, Jack-In-the-Box and In-N-Out, said they would not use beef from Westland/Hallmark.

    Federal lawmakers on Thursday had called for the Government Accountability Office to investigate the safety of meat in the National School Lunch Program.

    Upon learning about the recall, some legislators criticized the USDA, saying the federal agency should conduct more thorough inspections to ensure tainted beef doesn’t get to the public.

    “Today marks the largest beef recall in U.S. history, and it involves the national school lunch program and other federal food and nutrition programs,” said U.S. Sen. Tom Harkin, chairman of the Chairman of the Senate Committee on Agriculture, Nutrition and Forestry. “This begs the question: how much longer will we continue to test our luck with weak enforcement of federal food safety regulations?” More

    Good! I hope it sends you into bankruptcy. -Sue




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