Atlanta Injury Lawyer Blog

The salmonella-tainted peanut butter poisoning cases nationwide are frightening and horriffic-over 500 individuals sickened from it so far and eight deaths. From peanut butter! And this is peanut butter that was supposed to have been checked by the Federal Government, in the form of the FDA (Food & Drug Administration) and through State Government, in the form of the Georgia Department of Agriculture, both of which have, obviously, failed Georgians and all United States citizens. Both of these government entities have failed miserably at their missions, protecting consumers. The FDA Inspection Reports read like an absolute horror story. The culprit corporation, Peanut Corporation of American, located in Blakely, Georgia, had numerous batches of peanut butter test positive for salmonella, but instead of immediately halting production, they shipped off the same batches to be tested by other laboratories that, for some unknown reason, failed to detect the strains of salmonella that were obviously present. Then the Peanut Corporation of American knowingly shipped out tons of peanut butter that had salmonella in them, that ultimately killed and sickened hundreds of people. What unbelievable reckless conduct! And by the way, where was the Georgia Department of Agriculture in all this??

The list of tainted products that you should not consume, apparently, grows with each day. I urge you to check the list of affected foods and do not consume any of them or give any of them to your pets.

And now, here in Georgia, the Governor has the audacity to introduce a bill into the Georgia General Assembly that would immunize any Georgia corporation whose product had been approved by the FDA. The proposed law by Governor Perdue currently would apply to Georgia pharmaceutical companies. That means any Georgian harmed by a pharmaceutical would have no recourse against the corporation that harmed him/her if the FDA had simply approved the product. Now I ask you, if the FDA obviously can’t keep Georgians safe from peanut butter, how could it possibly keep Georgians safe from pharmaceuticals that kill or harm users? It can’t, obviously, but our dear Governor would have his own Georgian citizens treated like second class citizens.

I want to continue to use my blog to warn Georgia consumers of dangerous medications when it becomes apparent that a particular drug either is more dangerous than it is helpful, or that the side effects of a drug are so severe that it calls into question using the drug in the first place. Such may be the case with the drugs Cipro and Levaquin, both common antibiotics. If you are taking Cipro or Levaquin, this warrants discussion with your physician who is prescribing it.

Apparently, despite the risk, these drugs remain popular in the medical community to prescribe for infections. Many patients are not even aware of the risks associated with them, and many doctors are not telling their patients of the risks. It shouldn’t be this way. Physicians should be telling their patients when they prescribe a drug all known possible side effects and give their patients as much information as possible when prescribing any drug.

FDA Warning: Cipro May Rupture Tendons

Did you know there is compelling evidence that links inflammatory bowel disease (IBD) to the use of Accutane, an acne drug? If you or a loved one has ever taken Accutane, you need to be aware of this causal link, especially if you begin to show signs of IBD.

A jury in New Jersey recently handed down verdicts of $13 Million in three cases in which the plaintiffs allege the use of Accutane for acne caused IBD againt the drug manufacturer, Hoffman-La Roche. Plaintiffs argued the drug company should have placed stronger warnings on the label of the drug warning users that use of Accutance can cause IBD. The three plaintiffs in the New Jersey case all took Accutance in their teens for acne. Soon thereafter, they developed IBD, causing one to have to undergo surgery to remove his colon. They all face a greater risk now of colon cancer.

Do these side effects sound worth the risk to clear up some acne? No, of course not. And had the plaintiffs known about them they never would have used the drug. The drug manufacturer, though, knew about this side effect and failed to warn appropriately about it. Hoffman-La Roche still claims there is no causal connection between Accutane and IBD, regardless of the jury’s opinion. Not shocking…a drug manufacturer failing to accept responsibility for what it has done. It also faces a host of other upcoming civil jury trials on this drug.

It might not be readily apparent how a case being argued in the United States Supreme Court regarding the Federal Preemption Doctrine has a tremendous effect on the rights of Georgia citizens, but it does. The United State Supreme Court is hearing arguments today in Levine v. Wyeth Pharmaceuticals, Inc., and the high Court’s decision has far-reaching implication, even to the point of potentially limiting every Georgian’s right to recover against a drug manufacturer for negligent manufacture and distribution of all kinds of drugs we Georgians have come to believe are safe and therapeutic.

Not so fast I say. The first realization every Georgia citizen must come to is that simply because a drug has been approved by the Federal Drug Administration (the FDA) does NOT mean it’s safe nor does it mean it has been fully and accurately tested. One of the problems is that the FDA is way too close to drug manufacturers, which has resulted in lack of complete arms length transactions. For example, from 1992-2002, the drug companies paid $825 million dollars to the FDA In the Wyeth case, Wyeth Pharmaceuticals, Inc. is a drug manufacturer who made a drug called phenergan, which is used to combat nausea. On its label is a small warning that says if the drug was improperly injected it could lead to the onset of gangrene and the necessary amputation of a limb. Now you probably know where this is headed, right? Diana Levine, a professional guitarist, had the drug injected in her IV in her arm, which caused gangrene, which ultimately led to the amputation of her arm. Ms. Levine sued drugmaker Wyeth, claiming that the company had given insufficient warning of the possible severe effects of its product. A Vermont jury awarded her $6.7 million in compensatory and punitive damages.

Ms. Levine says the FDA is protecting the drug companies from lawsuits, rather than protecting consumers from dangerous drugs. “I had no idea what the risks were,” she says of her ordeal with the Wyeth-produced antinausea drug.

I want to alert all Georgia parents of infants who may own a Simplicity bassinet. Do not use it any more. These bassinets have been recalled because they may lead to strangulation death of the infant. It has come to light, however, that the distributor of these deadly bassinets, SFCA, Inc., ignored the recall and did not notify bassinet owners of the danger. The Illinois Attorney General has filed suit against SFCA, Inc. for ignoring the recall and subjecting more families to a needless risk of death by using these bassinets. The Consumer Products Safety Commission (CPSC) is considering changing its rules covering crib defects. Congratulations to Attorney General Madigan for showing the courage to go after these manufacturers for putting our children at risk.

I would like to see the Georgia Attorney General, Hon. Therbert Baker, do the same thing and file suit against SFCA, Inc. Until then, check the manufacturer of any bassinet you may have in your house and if it is manufactured by SFCA, Inc., do not continue to use it and return it to SFCA, Inc. Also, you might want to alert the CPSC. Keep your babies safe!

I want to pass this very important information to Georgia consumers, particularly parents and grandparents of infants, about a new crib recall. Federal regulators have ordered the recall of nearly 1.6 million cribs following the deaths of two infants. The Consumer Product Safety Commission and crib manufacturer Delta Enterprises announced the recall Monday citing problems with a mechanism known as a ‘spring peg’ as the defect which posed a risk to children. The recall, believed to be one of the largest in history, covers cribs and produced in China, Indonesia and Taiwan between 1995 and 2005.

Please check your crib NOW to see if it was manufactured by this crib maker, Delta Enterprises. If so,take it out of use immediately! Although the name “Delta Enterprises” makes it sound as if it is a U.S. manufacturer, the reality is these cribs were manufactured in China and other countries that simply do not have the same regulations and quality control as U.S. manufacturers. If you have experienced a problem with one of these cribs, please report it to the Consumer Product Safety Commission (CPSC) right now! Here is a link to reach the CPSC. http://www.cpsc.gov/