Oklahoma Injury Lawyer Blog

The Chicago Tribune reports that three people whose fingers were snipped off by Martha Stewart chairs "won" settlements against the company:

The settlements were reached with Sandy Caffoe of Jamestown, N.Y., a 67-year-old who lost the function of her right hand when two fingers were amputated in 2008; college student Lisa Peterson, 22, of Des Plaines, Ill. who had her right ring finger amputated in 2009; and Kaitlyn Damron of Pikeville, Ky., who was four in 2006 when the tip of her left pinky finger was severed.

A few notes:

• I find it odd that the article states that they "won" settlements. I'm sure if you asked any of the plaintiffs if they won anything, they would gladly have their fingers back to normal rather than any dollar amount they received. They also didn't "win" anything, they settled their cases. The settlement dollar amount, whatever it was, is ggenerally lower than what the plaintiffs would ask for at trial. Settling takes the inherent risk in going to trial, that's why they are lower.
  
• Note how long it took for them to recover anything. The 4 year old child's finger was severed in 2006. That's 5 year's ago.
  
• Like most personal injury settlements, this one was confidential.
  

My wife and I are currently shopping for a stroller for our son (he's now just over 13 weeks old!). It's surprising that a lot of the strollers out there are not actually safe.

The latest one recalled is the B-Nimble Stroller manufactured by Britax Child Safety, Inc. The stroller may have brake failure (basically, the brake pedal will click when it's pressed, but it might not actually be locked). The recall is for about 20,000 units in the U.S. The U.S. Consumer Product Safety Commission information on the recall can be accessed here. 

In a letter to denture cream manufactures, the U.S. Food & Drug Administration (FDA) recently acknowledged the risk of zinc poisoning associated with denture cream usage.  The FDA states:

There are literature and research that suggest that zinc contained in some denture adhesives may be a contributing factor in these adverse events. Although zinc is an essential nutrient, overexposure may result in zinc toxicity. We are notifying all manufacturers of denture adhesives and asking for their assistance in dealing with this public health issue.

The manufacturers were asked to take steps to mitigate the risk of zinc poisoning with their products.  Here's the Denture Cream Notice and Recommend Action Letter. 

Call your doctor for an appointment. You will want to see if you can get a prescription for a different pain medication. Immediately stopping the drug can cause withdrawal symptoms, so you'll need to follow your doctor's instructions on tapering down on it.

Even though the drug was banned in the U.K. six years ago, the drug was only recently banned here in the U.S.

According to Public Citizen, the side effects (heart problems) will go away once the drug's use is ended.

The FDA announced in November 2010 that the Darvon, Darvocet, and their generic medication wree being withdrawn from the U.S. market. The painkillers were linked to serious heart risks that could result in sudden death.

The FDA received reports of the problems as early as 1978. Consumer groups began calling for the ban of the drug in 2006. The drugs were withdrawn in Europe in June 2009, but stayed on the market here. Finally the FDA removed the drug this past November.

Becker's Orthopedic & Spine Review have an excellent article on 5 Reasons Why Controversy Surrounds Metal-on-Metal Hip Replacements.

The article cites:

• Patients can develop soft tissue reactions to wear debris - a Dr. Markel is quoted: "Even though subspecialty surgeons were reporting these findings and that some patients were having problems, it wasn't enough to make a dramatic change in the market."


• The popularity of metal-on-metal could wane - Basically, just because one design was defective, doesn't mean they all are.


• Alternatives to metal-on-metal also have difficulties


• New Technologies are available


• The American Academy of Orthopaedic Surgeons supports the hip replacements with cautioning of the risk

The article helps shed light on the various Depuy Hip Injury Lawsuits.

I posted two blog posts last year detailing issues with denture cream and the zinc contained in some of the products:

Denture Cream Causing Neurological Problems? (June 9, 2009)

If you use a denture cream, make sure it doesn't contain zinc. (June 25, 2009)

KOCO recently did a story titled Special Report: Denture Cream Dangers (click the link to view their video story).

The gentleman profiled in the news story woke up one day with his legs numb. He had been making his living as a handyman; now he's confined to a wheelchair.

What caused the nerve damage?

His denture cream. It contained large amounts of zinc, which in turn, causes low copper levels in the body. The big problem is that the damage is likely permanent.

The troubling part:

Oncologist Dr. Vikas Bhushan said a few years ago, a patient came to him for a pre-leukemia condition but his tests didn't show pre-leukemia. Bhushan told his assistant: "'This is some kind of poisoning' is the word I used or a toxin that's causing all this."

His tests showed one big thing.

"We found his zinc levels super high and his copper levels were undetectable," Bhushan.

Exactly the same thing that Carl Halligan says is wrong with him. Bhushan said the patient was using denture cream, so he got on the phone with the maker of the product.

"The initial response was 'This is a trade secret. We can't let it out,'" Bhushan said.

A trade secret? But Dr. Bhushan had a patient with possibly irreversible nerve damage.

"I said, 'Look, I have a patient here who's having severe problems because of zinc toxicity. Just tell me if this has zinc in it. There was a silence, and he said, 'Yes, there is a lot of zinc solid in it,'" Bhushan said.

Wait, what?!? The manufacturers knew that this was a problem, but failed to warn anyone.

ABC News has an informative video about the Depuy Hip Implant Recall:

The hip system was designed and marketed for more active and younger patients. The system allows for a better range of motion. The problem though, is that the hip replacement system fails. Within 5 years, 12% of the systems have failed. The two main parts of the system rub against each other. This obviously causes severe pain, but it also may shave off the chromium and cobalt metal particles into the patient's body.

Here's the FDA's video on the recent information to take the drug off the market:

Recent studies have linked the active ingredient (propoxyphene) in Darvon and Darvocet to serious and sometimes fatal heart rhythm abnormalities. The FDA requested the withdrawal of the products last week.

Calls for the products withdrawal have been ongoing for years. A group call Public Citizen's Health Research Group petitioned the FDA to ban the substance in 2006.

Johnson and Johnson's Depuy Orthopedics has recalled it's defective hip replacement systems due to a large number of patients requiring a second hip replacement. I had mentioned before that studies have shown that the metal-on-metal hip implants were problematic. (Concerns with metal-on-metal hip implants grow and Depuy ASR Hip Replacement Withdrawn).

You should contact your doctor if your hip replacement is made by DePuy. Our products liability law firm is currently review cases for DePuy hip replacement lawsuits.

DePuy Orthopedics has withdrawn their ASR hip replacement system from the market:

"In a letter dated March 6, DePuy told doctors that recently analyzed data from Australia suggest that the ASR had a higher-than-expected failure rate when used in traditional hip replacement on certain types of patients. The letter said that the data shows that the risk is highest for patients of small stature, a group that typically includes women, and patients with weak bones." See: With Warning, a Hip Device is Withdrawn.

What's interesting is that DePuy voluntarily withdrew the product in Australia last December. Why would they wait until now for the U.S. market?

The ASR hip replacement system belongs to the category of devices known as metal-on-metal implants. The problem with the system is that it can generate large amounts of metallic debris after they are placed into the body. The can damage muscles and often requires follow-up operations shortly after the replacement. Artificial hips usually last 15 or more years.

The article states that since 2008, the FDA has received about 300 complaints on the DePuy ASR Hip Replacement. Interestingly, "the number of such complaints typically understates a product's problem, however, because many doctors and hospitals never bother to file reports with the FDA."

The New York Times reported last week that more and more studies are showing problems with metal on metal hip replacements. The metal-on-metal artificial hips were first introduced about a decade ago. Initially, studies were showing that there was a potential to produce high levels of metallic ions, causing "allergic reactions" in patients. It turns out that the metal debris causes severe inflammatory reactions that can damage muscles, tendons, and soft tissue. The article mentions the following studies:

• 2008 Oxford University: At least 17 women that had undergone hi resurfacing with all metal devices experienced abnormal soft tissues masses in their hip joints


• England researchers: reported adverse reactions to metallic debris in 17 of 660 patients who received an implant made by DePuy Orthopedics. An additional group that received a system made by Smith & Nephew did not have metallic debris problems


• British Colombia: patients receiving a Druom socket (or cup) had significanly higher median blood serum levels of chromium (2.6 times) and cobalt (10 times).

The Cars Blog on ConsumerReports.org has an excellent video and article on How to stop a runaway car: Don't pump the brakes.

The video, with Jake Fisher driving a Toyota Venza and a Volkswagen Jetta, simulates what happens when a car has sudden runaway acceleration. Mr. Fisher mentions some "do's and don'ts":

Don't:
1) Don't pump your brakes. This will cause your power brakes to go out.
2) Don't try to turn off your car. You risk locking up your steering wheel.

Do:
1) Put your foot on the brake hard, and continue pressing it.
2) Put your car in neutral
3) Once stopped, turn off your car.

Mr. Fisher also recommends first trying the braking procedure in an empty parking lot or other safe location. The Volkswagen Jetta is interesting because it can actually override the gas pedal.

Here's the video: