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Articles Posted in Product Liability

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vial-5774206_1280-e1696439634427Manufacturer Medline Industries initiated a recall of its Hudson RCI Addipak Unit Dose Vial, 0.9% full normal saline solution in July of this year. The FDA has categorized this recall as a Class I recall, which is the most severe kind of recall, reserved for cases in which use of a device could cause death or serious injuries. The recall affects lot 3B085 with distribution dates April 20, 2023 – July 14, 2023. 18,000 devices were recalled across the country. If you were harmed by units from the recalled lot, you should contact the seasoned Chicago-based attorneys of Moll Law Group. Billions have been recovered in cases with which we’ve been involved. We represent consumers across the country.

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Medline Industries’ recall is based on the Lot 3B085 vials being non-sterile. While the affected lot passed the sterility testing, Lot 3B087, which was within the same cleaning cycle failed testing and exposed the impacted lot to possible contamination. When saline is non-sterile, there may be severe adverse health repercussions including infection, wheezing, nausea, discomfort, and difficulty breathing, along with potentially fatal sepsis and death. However, consumers have not reported injuries or deaths connected to the issue.

The recalled vials are used in connection with irrigation and inhalation therapy. Sometimes it is paired with a non-ventilator nebulizes to cleanse the lungs and irrigate the trachea. When irrigation therapy is used, the saline solution helps to clean wounds and flush the area. With inhalation therapy, the solution returns moisture to the lunches and reduces cold and allergy-created congestion.

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PNG-image-300x200Manufacturer Kraft Heinz discovered that one of the machines that individually wraps Kraft Singles American processed cheese slices permits thin strips of film to say on the slices even after removal of the wrapper. The food company announced a voluntary recall of more than 83,800 cases these slices. It’s believed the strips of film that stays on the cheeses present a potential choking danger or gagging hazard. The director of food safety and testing at Consumer Reports commented that any complicated machine requires adjustments to pieces of the equipment such that if adjustments aren’t right or in alignment with the specs, the machine may not do its job correctly, causing food safety problems. If you were harmed by Kraft processed American cheese slices, call the experienced Chicago-based product liability attorneys of Moll Law Group about the possibility of bringing a claim.

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Several customer complaints about finding plastic stuck to a slice, and 6 consumers’ complaints of choking and gagging as a result of this, led to the company investigating. No reports of injuries or serious health problems were made. The recall affects 16-ounce Kraft Singles American Pasteurized Prepared Cheese products. Their use-by date falls between Jan. 10, 2024, and Jan. 27, 2024. The recall also affects 3-pound multipacks of 72-count Kraft Singles American Pasteurized Prepared Cheese Product that have a best by date of January 9, 2024 – January 16, 2024.

The manufacturer has said that it repaired the wrapping machine and inspected the other machines that process the cheese. Consumer who bought recalled slices can return them to the store where they bought them for a refund or exchange.

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eye-321961_1280-e1696438901920The Food and Drug Administration recently updated the warning label on Horizon Pharmaceutical’s TEPEZZA. The label now includes that one of the “major recent changes” for warnings and precautions is “hearing impairment including hearing loss.”  Hearing loss is just one of four warnings. The others are hyperglycemia, exacerbation of preexisting inflammatory bowel disease and infusion reactions. If you suffered hearing loss or other harm, you should call the trusted Chicago-based dangerous drug lawyers of Moll Law Group. Billions have been recovered in lawsuits around the country with which we’ve been involved.

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Tepezza is a drug prescribed to improve symptoms of thyroid eye disease, which is a rare condition in which fatty tissue and muscles located behind the eye become inflamed such that the eye is pushed to the front and bulge outwards. The drug is supposed to mitigate the effects of double vision, proptosis, and chronic bulging eye. Unfortunately it is a drug that carries significant risks.

The new Tepezza warning provides that it can cause serious hearing impairment including hearing loss that could be permanent. Doctors are advised to evaluate a patient’s hearing before, during and after treatment with the drug and also weight the risks and benefits of treating a patient with the drug. The warning came a little less than a month after the Brazilian Health Regulatory Agency approved its use as a thyroid eye disease treatment.

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happens-770461_640-e1696440252665Bard’s PowerPort devices are implanted under the skin and pump intravenous chemotherapy and other fluid into a patient’s bloodstream. These are two-part devices with an injection reservoir and a catheter. Recently, plaintiffs in eight lawsuits against Becton, Dickinson & Company, C.R. Bard, Inc., and Bard Access Systems made a motion under 28 U.S.C. § 1407 to centralize litigation arising out of Bard’s Power Port devices in the Western District of Missouri. They allege that due to the catheters on the devices breaking, they suffered blood clots, infections, chest pain, and other life-threatening complications; many of them needed to undergo emergency surgeries to extract pieces of catheter. If you or a loved one suffered harm as a result of a Bard Power Port device, you should call the seasoned Chicago-based attorneys of Moll Law Group about your potential claim. Billions have been recovered in product liability lawsuits around the country with which we’ve been involved.

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The Panel determined that the lawsuits involved common questions of fact and that just and efficient litigation would be promoted by centralizing the case in the District of Arizona. They found that the common factual questions involve allegations that there is too great a concentration of barium sulfate used during the manufacturing of the catheter in the port devices.

This concentration, purportedly, reduces the catheter’s material integrity, which can in turn result in fracture or migration of the catheter, infection, and thrombosis. The multidistrict litigation will be looking at whether the design of the Bard port catheters requires too high a concentration of barium sulfate, as well as whether the defendant’s tested the devices sufficiently and whether they appropriately monitored and reported adverse events related to product failures.

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treatment-4099432_1280-e1693590345228The Carina Sub-Acute Care Ventilator was recently recalled in a Class I recall, which is the most significant kind of recall. With a Class I recall, it has been found that using the product could cause severe injuries or death. The manufacturer of the Carina ventilator, Draeger Medical, is voluntarily correcting the product. Adult patients can continue to use the device, but health care providers are not supposed to use these devices with their pediatric patients. If you were injured by a Carina Sub-Acute Care ventilator, please call the experienced Chicago-based product liability lawyers of Moll Law Group. We represent clients around the country and billions have been recovered in lawsuits with which we’ve been involved.

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Hospital providers use the Carina Sub-Acute Care Ventilator to help people who need assistance to breathe. This type of ventilator can be used for invasive ventilation through the trachea or for noninvasive ventilation that makes use of a mask. Draeger has recalled the ventilator because contaminants, polyether polyurethane (PE-PUR), are produced in the airpath of the device. This can cause a potential carcinogen, contaminant 1,3-Dichloropropan-2-ol, to be released. The contaminants go beyond the appropriate levels when patients who are children or infants use it for over a month.

Pediatric patients may experience severe health conditions as a result of exposure to the chemicals including death and toxic responses such as irritation, hypersensitivity, nausea, vomiting, and carcinogenic impacts. No deaths, complaints, or incidents have been reported in connection with the emission of contamination so far, but it’s still important to be alert to the issue and to seek remedies when appropriate.

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corona-6278444_640-e1693590561384The manufacturer Hamilton Medical Inc. has recalled its Hamilton-C1, C2, C3, T1 ventilators because they have software problems that provide no warning before a stop in the ventilators is triggered. Hamilton ventilators are used by health care providers for those who need full or partial breathing help from a mechanical ventilator. They are used when trying to transport patients within hospitals and outside them. If you were injured or a loved one died because of any of the affected ventilators, you should call the trustworthy Chicago-based product liability lawyers of Moll Law Group to determine whether you have a claim. Billions have been recovered in cases with which we’ve been involved.

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The Hamilton ventilator recall was initiated June 15, 2023. The FDA classified the recall as a serious one, a Class 1 recall, because using this type of ventilator could result in death or acute injuries. These ventilators support adult and pediatric patients, including infants and newborns. When a ventilator is used for over 91 days without a restart, it will shift to an ambient state, during which time the ventilator will alarm and display a technical fault banner on its screen. A health care provider may need to intervene, giving air to the patient with a manual resuscitating device or using a different type of device. When patients don’t breathe on their own or get a timely intervention, they could die or otherwise suffer serious health consequences.

The manufacturer sent customers an advisory that asks them to provide alternative ventilation, to switch off the ventilator power to get out of the ambient state, and to service the ventilator once the patient is safe. The model numbers that are affected are C1, T1 V2.2x, C2, and C3. They were distributed December 10, 2010 – May 1, 2023. These ventilators were installed with specific software and had neonatal options installed on them. In the United States, 21,429 units have been recalled. While there have been 80 reported complaints, there have been no injuries and no deaths connected to the recall.

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Recently, 3M agreed to pay $6.01 billion to settle lawsuits that cover about 240,000 military veterans and service members who sued due to hearing loss they alleged was the result of the manufacturers’ Combat Arms earplugs. Earlier this year, 3M tried to move the lawsuits into bankruptcy court to avoid being held liable for the full scope of damages; the deal failed.

Aearo Technologies made the Combat Arms earplugs, which the military used to train service members, including those in Iraq and Afghanistan, from 2003-2015. 3M bought Aearo. When they sued, the plaintiffs alleged that the manufacturer had concealed design flaws, altered test results, and failed to provide proper instructions for the earplugs, and that, as a result they suffered hearing loss, tinnitus and other hearing damage. Plaintiffs claimed that the defendants had used their own lab to test the earplugs and used improper testing procedures that skewed the results of a mandatory test, in order to get a different Noise Reduction Rating label than it should have gotten.

In 2019, the 3M lawsuits were consolidated before a federal judge in Florida. Aearo filed for bankruptcy in 2022, but the bankruptcy judge dismissed it on the grounds that Aearo was financially healthy and therefore shouldn’t pursue bankruptcy. In the course of the 3M litigation, 16 earplug cases went to trial. The manufacturer lost 10 cases, and around $265 million was awarded to the plaintiffs. The verdicts are included as part of the $6.01 billion settlement.

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child-85321_640-e1691462527572Recently, a family was awarded $800,000 in a civil lawsuits against McDonald’s and one of its franchises because their toddler was burned by hot Chicken McNuggets. The hot McNuggets fell from a Happy Meal onto the toddler’s legs, inflicting second-degree burns, similar to the earlier lawsuit from the ‘90s involving burning hot coffee. If you were injured by burning hot food, consult the seasoned Chicago-based lawyers of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

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The jury found that both the corporation and the franchise owner, Upchurch Foods, should be held accountable for failing to warn or give proper instructions on the possibility of injuries from hot nuggets dispensed at a drive through.

The damages award is intended to compensate for disfigurement, mental anguish, inconvenience, loss of enjoyment of life and pain and suffering. These damages are intended to make up for past harm suffered by the toddler and her family, along with future injuries that the jury determined are likely to be suffered in the future. Continue reading →

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justitia-2597016_1280-e1691461997979It was recently reported that a plaintiff who claimed he developed cancer from exposure to Johnson & Johnson baby powder won $18.8 million in damages from the manufacturer. This case is distinct from the gynecological cancer claims arising out of thousands of talc-based products. The plaintiff filed suit asking for monetary damages because he’d developed mesothelioma, a deadly cancer, in his heart tissue due to significant exposures to the company’s talc products since his childhood. The six week trial was the first talc lawsuit the company faced in over 2 years. If you suffered from cancer or were injured due to Johnson & Johnson talc product use or exposure, consult the seasoned Chicago-based lawyers of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

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The jury awarded the plaintiff damages to compensate him for pain and suffering and medical expenses. The man was not awarded punitive damages. Additionally, the plaintiff won’t be able to collect the judgment in the future because of a bankruptcy court order that froze most of the talc litigation.

The company’s VP of litigation has announced that Johnson & Johnson will appeal. He reiterated that the baby powder is safe and isn’t carcinogenic and doesn’t contain asbestos. In the course of closing arguments at the jury trial, the company’s attorneys also said there wasn’t evidence that connected the plaintiff’s mesothelioma to asbestos or establishing that the plaintiff was exposed to the contaminated talc. The plaintiff, meanwhile, argued that the company had covered up the contamination for decades.

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johnsons-5671315_640-e1691461365690Recently, in an important ruling for plaintiffs, a bankruptcy judge rejected Johnson & Johnson’s ploy to restrict the talc-related lawsuits against it, finding that the Johnson & Johnson’s bankruptcy petition was filed in bad faith. This was the second time the company was prevented from trying to limit its own exposure and settle lawsuits that allege its talc-based products cause cancer.  If you suffered from cancer due to Johnson & Johnson talc use, consult the seasoned Chicago-based lawyers of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

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Tens of thousands of women have claimed that they suffer from gynecological cancers because they used Johnson & Johnson’s talc products. They claim that Johnson & Johnson knew about the risks that attended use of its talc products, including the baby powder for which the company is famous. In order to shield itself, the company created LTL Management, a subsidiary, and asked the court to allow the subsidiary, which filed for bankruptcy, to be able to pay $8.9 billion in order to resolve all the lawsuits against Johnson & Johnson.

Judge Michael Kaplan of the United States Bankruptcy Court for the District of New Jersey ruled for dismissal of the bankruptcy case because, he reasoned, the plaintiffs’ lawsuits don’t place the company in imminent financial distress. During after-hours trading, the company’s shares dropped nearly 2%. The first bankruptcy effort was dismissed for the same reason by the United States Court of Appeals for the Third Circuit in Philadelphia. Continue reading →

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