California Injury Blog

Studies are being released which may be warning of an increase of Depuy knee lawsuits. According to the Los Angeles Times, the National Joint Registry for England and Wales said that an all-metal artificial hip once sold by Johnson & Johnson had failed in an estimated one-third of the patients who had been followed for the longest time. The reports listed Johnson and Johnson’s Articular Surface Replacement device, or the A.S.R., as having the highest failure rate. These reports have come as no surprise to the several victims who have come forward with injuries that they feel are directly related to these defective Depuy hip implants.

Continue reading "Depuy Hip Recall Victims May Continue to Increase" »

In response to another tragic display of Yaz side effects, Joan Cummins has decided to pursue compensation for the wrongful death of her daughter, Michelle Pfleger. Michelle died shortly after experiencing a heart attack on the way to class last year during which time she had been taking Yaz as an oral contraceptive. According to bizjournals.com, Pfleger's autopsy report showed that she died from cardiac arrest caused by a blood clot in the lungs, and the lawsuit alleges that the clot was caused by Pfleger's use of Yaz.

Continue reading "Mother of Yaz Side Effects Victim Pursues Compensation" »

As the number of Darvon and Darvocet lawsuits continues to rise, consumers are starting to question the U.S. Food and Drug Administration's continued approval of this 50-year-old defective product. Darvon and Darvocet's active ingredient, propoxphene, was approved in 1957 as a strong painkiller, but Darvon's side effects have been well-documented with little to no action to pull it from the shelves.

Continue reading "Ban on Darvon and Darvocet (Propoxyphene) Came Too Late to Save Consumers" »

Not so long ago, Yaz and Yasmin birth control were considered to be one of the most advanced and effective forms of contraceptives on the market, but those days are over. According to Bnet, about 190 women have died after taking Yaz and its predecessor Yasmin and countless more have suffered life-threatening injuries. Bayer has denied reports detailing the deadly effects of these defective medications, and say that they are perfectly safe.

Several studies have shown that Bayer-manufactured Yaz and Yasmin (also known as Yazmin) which contain the hormone Drospirenone, have a higher risk of developing serous blood clots that those who were prescribed other types of contraceptives. Ocella is the generic form, which is marketed and distributed by Teva Pharmaceuticals, and was approved by the FDA in 2008.

Yaz and Yasmin Side Effects

If you have been taking Yaz, Yasmin, Ocella, or any medication containing Drospirenone, and feel you may be experiencing negative side effects, you should contact your primary care physician immediately. This defective product has side effects that range from mild to very severe, but tending to them while they are in their early stages may prevent them from becoming more serious. The following are some of the more severe side effects:

Continue reading "Yaz and Yasmin Birth Control Continue to Claim Victims" »

Two new studies show women who take birth control pills with the newer hormone, drospirenone, have a higher risk for developing potentially serious blood clots than women who take pills that have the older hormone levonorgestrel. According to a news report on WebMD, Women in the studies took oral contraceptives containing drospirenone such as Yaz, Yasmin, Ocella, Gianvi and Zarah. These medications increased the risk of nonfatal blood clots by two to three times. Researchers say roughly one out of 10,000 women who take these pills for a year could develop a clot. So far, at least four other studies have linked the use of drospirenone-containing birth control pills to increased risk of pulmonary embolisms and deep vein thrombosis.

Bayer Disputes Studies

Bayer, the company which manufactures Yaz and Yasmin, maintains that these studies are flawed. They say that the risk of blood clots among women taking drospirenone-containing birth control pills is not much higher than those taking other birth control pills.

Company officials say that oral contraceptives like Yaz and Yasmin "are among the most widely studied and widely used prescription drugs on the planet."

Continue reading "Studies Show Blood Clot Risk Higher with Yaz, Yasmin and Ocella" »

A Los Angeles-based company is recalling its seafood salad products over food poisoning concerns. According to an Associated Press news report, Frankly Fresh Inc. has voluntarily recalled these products packed under its label because they could be contaminated with listeria, which is a type of deadly bacteria. The products involved in this recall come in a variety of sizes in plastic containers and were made between March 19 and April 23. The salads were distributed through retail supermarket stores in California and Nevada. Company officials say that the contamination was discovered during a routine sampling and testing program conducted by the Food and Drug Administration. So far, no illnesses have been reported.

Food Poisoning Statistics

According to the Department of Health and Human Services' statistics, each year, 5,000 people die due to food poisoning. It is even more disturbing to note that the number of safety inspections has fallen sharply in recent years. The U.S. Food and Drug Administration inspects fewer than 25 percent of food production facilities each year. Also, nearly 75 percent of all food facilities have gone five or more years without an FDA inspection. Inspections are even more rare or non-existent when it comes to foreign food producers.

Continue reading "Seafood Salads Recalled for Listeria Contamination " »

The Supreme Court is faced yet again with the decision of whether to bar state court remedies to individuals who have suffered personal injury from drugs and products. The question is whether the state laws that protect product users and patients from the negligence of manufacturers are "preempted," or wiped away, by federal laws. The cases the Court is currently faced with involve potentially dangerous vaccines, seat belt designs, and generic drugs. However, the preemption debate is about much more. It's about whether injured individuals will ever have their day in court against the entities that failed to live up to their obligations.

"Preemption" exists when a state law is made invalid due to its interaction with a federal law, which will always be superior. However, not just any federal law will preempt a state law. A court must not invalidate a state law unless Congress intended to override the state law when it drafted the federal law. Merely being related is not enough. It must be clear that Congress's purpose was to preempt. This can be demonstrated either by explicitly preempting state law in the federal law, or where it is impossible to satisfy both laws simultaneously, or where Congress's involvement in a particular area is so comprehensive that it could be considered to have intended to preempt the entire area of law.

Continue reading "Preemption May be Death by a Million Cuts for Consumers' Historical Rights " »

Michael Williams, chief electrician aboard the Deepwater Horizon, testified Friday at a federal hearing that one of the vessel’s critical alarm systems had been purposefully disabled before the oil rig explosion. The general alarm system about the Deepwater Horizon should have sounded an alarm warning offshore workers to move away from danger. However, the automatic system had been intentionally switched off because Transocean felt it was inconvenient. Turning off the automatic alarm required that the alarm had to be triggered manually if needed. Mr. Williams claims he told her Transocean superiors of his concerns about disabling the alarm.

Continue reading "Deepwater Horizon Alarm System Disabled Before Oil Rig Explosion" »

Top California personal injury and auto defects lawyer, Brian Chase, will appear on Los Angeles' FOX 11 Ten O'Clock News Thursday night. He will be discussing defective seats in automobiles as part of a special report. The program is scheduled to air on the 10pm broadcast.

Brian Chase, of the law firm BISNAR | CHASE (www.BestAttorney.com), has represented many victims of auto defects, giving him a great deal of experience in the realm of defective auto parts and, specifically, defective seats.

Continue reading "Brian Chase Speaks with FOX 11 Ten O'Clock News, Los Angeles About the Dangers of Defective Automobile Seats" »

Victims who have been injured from a defective product are well advised to seek the help of an experienced California products liability lawyer. The complexity of a defective product case will vary based on a number of factors.

Continue reading "How Long Does a Products Liability Case Take?" »

Toyota has announced a defective auto product recall involving about 95,700 Toyota Scions and Corolla that were sold in 19 U.S. states where cold weather could trigger a brake-related problem. According to a CBS news report, the recall affects some 2009 and 2010 Corolla and Corolla Matrix models as well as 2008 and 2009 Scion xD vehicles. If the cars are driven in extremely low ambient temperatures, there is a possibility that the condensed moisture from the positive crankcase ventilation port may seep into the brake system vacuum port and freeze, according to a company statement.

This ice build up in the brake system vacuum port can ultimately plug the vacuum port. As a result, power assist to the brakes would gradually decrease and lead to lengthened vehicle stopping distances. Owners of the recalled Toyota cars will begin to receive their safety recall notifications by mail next month. When the recall begins, Toyota dealers will install a newly designed air connector, which relocates the brake system vacuum port, for free. No other Toyota, Lexus or Scion vehicles are involved. So far, no injuries have been reported as a result of this vehicle defect.

Continue reading "Auto Product Defects Lead to Toyota Recall" »

The California auto defects lawyers of Bisnar | Chase have filed a product liability injury lawsuit against Ford Motor Corporation, Continental Tire Corporation, TRW Vehicle Safety Systems, Chino Hills Ford, and Beceril Tire Shop.

The product liability injury lawsuit stems from injuries sustained by Griselda Bernardino during an August 2007 rollover car crash. Griselda was driving a 2003 Ford Expedition SUV when the car's left tire tread separated from the tire. This caused the Expedition to oversteer and eventually roll over. Griselda suffered severe and permanent spinal and head injuries while her passengers Ayari Martinez, Alonso Martinez, Diana and Bianca Orozco (both minors) and Maleni Elizardi (also a minor) were all seriously hurt.

Continue reading "California Auto Defects Lawyers File Product Liability Case Against Ford" »

The California auto defect lawyers of Bisnar | Chase recently filed a wrongful death lawsuit against Toyota Corporation and Courtesy Toyota of Brandon, Florida. The case stems from the death of Elisa Obediente in a May 2009 rollover crash.

The car accident occurred when Elisa, a loving wife and mother of four, lost control of a 1998 Toyota 4Runner SUV that had been sold by Courtesy Toyota. According to the lawsuit, Elisa was trying to avoid another vehicle when her SUV over steered.

"We're alleging that the lateral instability of the 4Runner made it impossible to regain control of the SUV by anyone but a professional driver," said John Bisnar of the Bisnar | Chase auto defects law firm.

Continue reading "Auto Defect Lawyers File Wrongful Death Lawsuit Against Toyota" »

The California Zicam lawyers at Bisnar | Chase continue to receive inquiries regarding lawsuits and class-action suits about defective over-the-counter Zicam cold medications, which have apparently caused hundreds of Americans to lose their sense of smell and/or taste. These Zicam defective products were meant to relieve cold congestion. However, the defective Zicam nasal cold remedy products clearly have done more harm than good.

Matrixx Initiatives Inc., the manufacturer of the Zicam cold remedies that are believed to be responsible for hundreds of users nationwide losing their sense of smell is expecting to face more Zicam lawsuits, in addition to the ones already filed, after the U.S. Food and Drug Administration warned consumers about Zicam drug effects, according to a Dow Jones news report. Last month, federal officials cautioned consumers to stop using Zicam cold and allergy medications because they can cause permanent loss of smell.

Matrixx officials have said that they are facing a lot of legal action including two economic Zicam class-action lawsuits and a personal injury lawsuit involving 117 plaintiffs. They are now saying that additional Zicam lawsuits involving individual plaintiffs making allegations that its nasal gel products have caused a permanent loss or diminishment of the sense of smell or smell and taste, have been filed. Matirxx officials have also said that they absolutely disagree with the FDA's stance that these drugs are dangerous and defective and that they intend to vigorously defend each and every one of these lawsuits. However, Matrixx has started a formal recall of all of its Zicam Cold Remedy Nasal Gel and Zicam Cold Remedy Nasal Swab products in a move to comply with the FDA's request.

Continue reading "More Zicam Lawsuits Filed" »

The General Motors-Chrysler bankruptcy has caused much anxiety among consumers because it seeks to throw out auto product liability and personal injury lawsuits against them. Now, a new report predicts that a loophole created by the bankruptcies of General Motors and Chrysler will make it possible for the companies to avoid issuing product recalls of defective cars that were manufactured prior to the bankruptcy filings.

According to a news article on Consumer Reports, this new report released by Safety Research and Strategies (http://www.safetyresearch.net/chrysler-gm-bankruptcy) looks into the implications of a provision in the GM and Chrysler bankruptcies that allows the automakers to avoid liability for the vehicles made before the bankruptcy. The report projects that based on information provided by both GM and Chrysler and the National Highway Traffic Safety Administration (NHTSA), more than 3,400 Americans will be injured or killed by a defective Chrysler of GM vehicle during the first year after the bankruptcy.

Continue reading "GM-Chrysler Bankruptcy Will Have Chilling Effect on Product Recalls" »

Most Zicam lawsuit lawyers have seen recent warnings of the drugs effects. These effects can be devastating and the recent warnings about Zicam intranasal products, which are believed to cause a loss of sense of smell among users, is another example of that. A news article in the Associated Press talks about David Richardson of Greensboro, North Carolina, who believed he was taking a "homeopathic cold remedy" when he used Zicam's cold gel. With one squirt of Zicam cold gel, Richardson lost his sense of smell.

Here's how Richardson describes his loss to the Associated Press: "It's like watching a sunset in black and white. The things that you take for granted, not only smelling fresh-cut grass or bread in the oven…you miss those parts of your life. There's not a day that goes by that you're not reminded of it."

The U.S. Food and Drug Administration (FDA) warned consumers against three Zicam products -- Zicam Cold Remedy Nasal Gel, Nasal Swabs and discontinued Swabs in Kids' Size. Apparently, Zicam belongs to an under-the-radar, but legal sector of the drug industry called homeopathic remedies. Many drug injury attorneys have seen these pharmaceutical drugs sold over-the-counter without prescription as legal drugs claiming to treat specific aliments, yet they are not routinely reviewed for safety or benefit by the FDA. Matrixx Initiatives, the company that makes Zicam, still maintains Zicam is safe and has not yet issued a product recall. All that the company has agreed to, so far, is to suspend shipments and reimburse customers who want refunds.

Continue reading "California Zicam Lawsuit Attorneys: Victims Lose Sense of Smell after Using Zicam Cold Relief Products" »

Most California Zicam lawyers are aware of the recent warnings issued by the U.S. Food and Drug Administration (FDA). The FDA has warned consumers against using three Zicam cold remedy products containing zinc, after receiving more than 130 reports of serious Zicam side effects, particularly loss of the sense of smell. According to the FDA alert, many users said they lost their sense of smell with the first dose of Zicam. Others said they lost their sense of smell after repeated use of the defective Zicam products. The three Zicam products that the FDA is warning consumers against are:

• Zicam Cold Remedy Nasal Gel


• Zicam Cold Remedy Nasal Swabs and


• Zicam Cold Remedy Swabs, Kids Size (a discontinued product)

The FDA is saying that consumers who have been using or are about to use these over-the-counter Zicam cold medications must stop immediately because they are associated with a condition known as anosmia or loss of sense of smell. This condition, officials say, may be either long lasting or permanent. This type of pharmaceutical drug negligence can cause serious problems to anyone that uses these recalled Zicam products.

Loss of one's sense of smell is a serious problem that can not only adversely affect a person's quality of life, but it can also be a real danger because it limits a person's ability to detect the smell of gas or smoke or other signs of danger in the environment. FDA officials have apparently issued Matrixx Initiatives, manufacturer of these defective Zicam products, a warning letter stating that these products cannot be marketed without FDA approval.

Continue reading "California Zicam Attorney: FDA Zicam Warning" »

Raptiva brain damage lawyers have continued to see new cases. Recalling the psoriasis drug Raptiva from the market due to possible risk of brain damage has left many psoriasis patients anxious and concerned about the horribleRaptiva side effects they may suffer as a result of taking Raptiva for years. According to an article in Lawyers and Settlements, some Raptiva users have been taking it for years and are just now finding out that they may be at risk for serious brain damage, even death. Genentech, the pharmaceutical company that made this drug, apparently knew about the possible side effects based on tests done overseas. But the results of those tests were never made public here in the United States.

Raptiva users could suffer PML or progressive multifocal leukoencephalopathy that reportedly leads to a deterioration of the nervous system eventually causing irreversible brain damage. Raptiva users with weakened immune systems are most at risk. Longer and continuous use of Raptiva may further increase the risk of severe side effects. The article gives the example of a patient who only took it only for six months and experienced horrible side effects. He had a severe Raptiva allergic reaction. Most patients report experienced a severe burning sensation from head to toe. This patient says that he had to be given morphine by IV because of unbearable pain and that he "looked like I was dipped in the Burger King deep fryer." Then, he lost use of his legs for close to a week. He ended up spending three months in the hospital.

Continue reading "Raptiva Brain Damage Lawyers: Raptiva Users Worry about Side Effects" »

Selective Imports, a Los Angeles company that imported 80,000 tubes of toxic toothpaste from China, has pleaded no contest in court and agreed to pay $33,000 in fines to a local charity, according to this news report. The poisonous toothpaste, which was made in China, was apparently sold in the United States as Cooldent. The contaminated Cooldent toothpaste contained diethylene glycol (DEG), which is commonly used to make brake fluid and antifreeze. It is a known liver and kidney toxin. The company continued to sell the toxic toothpaste even after the U.S. Food and Drug Administration had issued a product recall warning consumers about this dangerous and toxic toothpaste product.

The biggest concern is that a majority of the 80,000 tubes of the toothpaste remains unaccounted even as the recall remains in effect. A recent investigation by Channel 10 revealed that the toothpaste was on sale and on shelves in three stores in California. Owners apparently were not aware of the recall. Selective Imports pleaded no contest to selling an adulterated drug product and will be placed on three years probation.

Continue reading "Los Angeles Distributor of Toxic Toothpaste Pays Penalty" »