Defective Products | Lane Brown, LLC

There could be new legal changes in the works concerning generic medications, protecting the safety and rights of millions of Americans taking the cheaper versions of hundreds of these drugs everyday. If the suggested FDA changes occur, victims of defective medication side effects in Illinois will have grounds to take legal action against generic drug makers.

Like most of us, many of you may comb through pharmacy shelves, debating between the expensive name brand and the cheaper, generic forms of the drugs we depend on. You may ask yourselves, “Is this one really just as good as the other?” or “Why is this one so much cheaper if they are actually the same thing?”Then, usually our pocketbooks win out, and we go with the less expensive version.

Presently, about 8 in 10 prescriptions filled in the U.S. are for generic versions of these drugs. Even though the FDA regulations require the generic drugs to have the same active ingredients, and quality of performance as their name brand counterparts, the rival drugs do not actually fall under the same legal responsibilities in regards to liability.

As the law currently states, if a patient suffers catastrophic injuries from defective medications, he or she may only take legal action against the name brand manufacturer, provided the name brand version was the drug that caused the ill side effects. This, however, does not apply to generic brands. Why?

Name brand drugs are the original formulations of these specific chemical compounds. Generic versions are made under those specifications.
Generic drugs must carry the same warning labels as their name brand counterparts.
Essentially, the law states that the name brand manufacturers or creators are responsible for ensuring patient safety, because they are the ones that actually developed the drugs.

However, after years of legal battles, and countless side effects that left victims with catastrophic injuries and lifelong scars, the FDA is now examining the unfair consequences of these laws.

If the proposed medication regulation changes are implemented, generic drug companies will be responsible for making their own specific warning labels for their medications, opening up the door for these companies to be held accountable if defective medications cause devastating injuries to patients.

If you’ve been injured by defective medications, it’s important to speak with an experienced Chicago defective product attorney about your legal rights. Those responsible for your medical complications should be held responsible for their negligent actions, and it looks like there may be more hope yet for victims in the world of defective generic medication injuries. Call Lane Brown today at 312-332-1400 to get more information and speak with a skilled Chicago personal injury attorney.

Our children are our most precious resources. Their safety is always our main concern. Parents trying to ensure that their babies are safe are subjected to all kinds of corporate marketing…TV, billboards, magazines and other mass media campaigns that try to convince them to buy products. Products that are, above all, safe for our children. Unfortunately, corporate promises can be misleading, and babies’ health can be in danger as a result.

New Zealand dairy exporter, Fonterra, has recalled baby formula potentially contaminated with Clostridium botulinum, according to several news media sources. The New York Times (8/6, B3, Hutchison, Subscription Publication, 1.68M) reports that Fonterra apologized for the contamination of “an infant milk formula ingredient” with Clostridium botulinum, “traced to a pipe that had not been cleaned properly in one of its…processing plants.” Much of the infant formula was exported to China, where many “consumers prefer to buy imported products because of problems involving domestic brands.” Fonterra officials said the contaminated whey protein batches “were produced in May 2012,” but the company did not discover the contamination until testing was done in Australia in March.

The Wall Street Journal (8/6, B6, Howard, Burkitt, Subscription Publication, 2.29M) reports that New Zealand Prime Minister John Key, said that the contamination was damaging to both Fonterra and New Zealand, noting questions regarding how long Fonterra took to trace and announce the contamination and announcing that an investigation into the contamination would be conducted. Fonterra said that eight customers were informed about the contaminated whey protein, including three food companies, two beverage companies, and three animal feed manufacturers.
Reuters (8/6, Beckford, Rajagopalan) reports that Fonterra CEO Theo Spierings said bans on Fonterra products had not been imposed by China. Instead, restrictions on whey protein concentrate were put in place. The restrictions are expected to be lifted after Chinese officials receive a report on how the contamination occurred.

According to Fonterra officials, “90 percent of affected products are in warehouses and the company is working to take back the rest from retail stores’”, Bloomberg News (8/6, Lin) reports. Fonterra officials said that around 17 tons of the contaminated whey “was used by customers in Australia and New Zealand to make about 2,100 tons of baby milk powder,” and the remainder “was used by other customers including Coca-Cola (KO) in other products.”

The Wall Street Journal (8/6, Qi, Subscription Publication, 2.29M) reports that US-based Abbott Laboratories Chinese division was asked to recall two infant formula products by China’s General Administration of Quality Supervision, Inspection and Quarantine. The General Administration wrote on its website that New Zealand officials had indicated the two formulas produced by Abbott Laboratories Trading (Shanghai) Co, .Ltd., may have been tainted with Clostridium botulinum. And, according to Reuters (8/6, Tajitsu), 80,000 cans of baby formula produced by Cow & Gate has been recalled in Hong Kong and Macau.

If your child or someone you know has consumed contaminated baby formula, you may be able to take action. We can help! Please contact the attorneys at Lane Brown, LLC at 312-332-1400 or visit our website at lanebrownlaw.com.

In continuing coverage, Food Safety News (6/25) reports that the “ongoing outbreak of hepatitis A linked to a frozen berry mix sold at Costco is now known to have sickened 119 people” in five states, according to the latest Centers for Disease Control and Prevention update. Among those sickened, five of the cases are in children; and although none of the children have been hospitalized, the number of adult hospitalizations has increased from 50 to 53, the CDC data show. The state-by-state case breakdown is “Arizona (16), California (61), Colorado (24), Hawaii (5), New Mexico (5), Nevada (5), and Utah (3).”

If you or a loved one has suffered injury from contaminated food products, you may be able to take action. Please contact the attorneys of Lane Brown, LLC, or call us at 312-332-1400 to speak with us about your options. We can help. To learn more about Lane Brown, please visit our website at lanebrownlaw.com.

A recent study indicates there may be harmful levels of toxic chemicals in cosmetic lip products like lipstick and lip-gloss, putting consumers’ health at risk.

Researchers at the University of California Berkeley’s School of Public Health tested 32 different types of lip products, of various brands, prices, and categories, in an effort to learn whether manufactured lip products contain harmful metals.

They found that each of the 32 products tested contained aluminum, titanium, and manganese—all in excess of recommended daily exposure limits. Three-fourths of the samples also contained high levels of lead.

Results of the study showed that neither product pricing nor product category affected the metal concentrations that were detected.

Researchers theorize that various metals are added to lip products in order to produce specific colors. In addition, the two metals found in the highest concentrations, aluminum and titanium are added to o keep colors from bleeding or fading.

Cosmetic manufacturers insist that their products are safe, following the guidelines set by the U.S. Food and Drug Administration (FDA). However, aside from lead level restrictions, the United States does not currently have any standards for metal content in cosmetics.

Because the Centers for Disease Control and Prevention (CDC) says there is no safe level for lead exposure, many believe that these cosmetics should be reformulated—excluding lead and other harmful chemicals.

If you have suffered a serious injury from a defective product, a Chicago personal injury lawyer at Lane Brown can help. Our skilled and compassionate attorneys will take the time to fully understand your situation, answer your questions, and recommend a course of action—all during a free case evaluation. Give us a call today at 312-332-1400 to schedule your free consultation. We are standing by to help.

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Getting sick with food poisoning can be a terrible experience, leaving victims stuck in bed for a few days. Unfortunately, people do not always realize that they have food poisoning. Instead, they attribute the symptoms to the stomach flu or a “24-hour bug.” In severe cases, food poisoning can be quite dangerous or even deadly.

People most at risk of severe harm from food poisoning include infants, the elderly, and those with weak immune systems. Certain strains of bacterial food poisoning can be more dangerous for these individuals since their immune systems are not able to fight off infection as well as older children and young adults can.

Following are some of the common symptoms of food poisoning:

Fever
Nausea
Abdominal cramps
Diarrhea
Vision problems
Dehydration
Headaches

In severe cases of food poisoning, kidney failure can occur. Guillain-Barre syndrome, a condition where the immune system attacks the body’s nerves, could also develop, potentially causing paralysis or death.

Following are some tips to help reduce your risk of food poisoning:

Make sure your food is cooked to proper temperature.
Be sure that kitchen knives and cutting surfaces are properly cleaned to avoid cross-contamination.
Check restaurant reviews and look for health inspection reports before going to a new restaurant. If you walk into a restaurant, and it appears dirty or unsanitary, walk out.
Pay attention to food recalls—never ingest any food that is on a recall list. If you own a recalled food item, return it to your grocery story immediately.

If you have suffered severe health problems due to food poisoning or some other serious accident, contact a Chicago product liability attorney at Lane Brown for legal help. We will take the time to examine all of the facts related to your case, answer your questions, and help you to understand your legal options. Give us a call today at 312-332-1400 to schedule your free case review. We are here to help.

Food allergies can result in serious and even deadly injuries if ignored. Recently, as a result of a recent settlement between the federal Department of Justice and Lesley University in Massachusetts, students with serious food allergies may now qualify for accommodation under the Americans with Disabilities Act. By applying ADA to food allergies, the Department of Justice has turned food into an access issue… access to an education in this case. This decision will likely impact both higher education as well as the primary and secondary levels. The Lesley University case involved a student who had celiac disease, and because of that, required a gluten-free diet. This was not available as part of the mandatory meal plan that the University required the student to participate in. The Department of Justice responded to a complaint from the student, entered into a settlement with the university in which Lesley University agreed to make dietary accommodations for students with special dietary needs. The implications of this settlement are likely to be far reaching and require significant changes for all levels of education in order to avoid charges of discrimination against students with special dietary needs.

Foods which are mislabeled, restaurants which ignore customers’ requests for food information because of allergies and other vendors may negligently cause catastrophic, and completely avoidable, injuries to consumers by failing to take known allergic sensitivities into account.

If you or a loved one has suffered serious injuries as a result of food product mislabeling or misrepresentations, you may be able to take action. Please contact the attorneys of Lane Brown, LLC, or call us at 312-332-1400 to speak with us about your options. We can help. To learn more about Lane Brown, please visit our website at lanebrownlaw.com.