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October 2010 Archives

Meridia Recalled

The FDA has recalled Meridia because of its link to strokes and heart attacks. People who take Meridia have a 16% increase in the risk of developing heart problems, including heart attacks and strokes. Moreover, people who have taken the diet pill usually only achieve modest weight loss. Accordingly, the risk is not worth the reward. 

Kennedy Hodges Makes New Law in Pennsylvania

For several years, Kennedy Hodges has represented a truck driver who was severely injured after his tractor trailer turned over shortly after the shipper loaded it. Charles Spence had questioned the loading method of ESAB Group Inc. when it first loaded his trailer. In response, ESAB personnel assured Spence that their loading method was safe, even though they had experienced problems before. On one of the loads, Spence's tractor trailer overturned only miles from ESAB's facility. ESAB defended itself by claiming that only the truck driver is responsible for making sure a load is safely secured. While Spence acknowledged that federal regulations spoke to Spence's duty, Pennsylvania law spoke to the shipper's duty and mandated that the shipper also has a duty when it loads a truck. The trial court disagreed and dismissed Spence's case. Kennedy Hodges then retained appellate counsel and he argued the case to the Third U.S. Circuit Court of Appeals, who returned a 3-0 decision in Spence's favor. The case will now go back to the trial court for resolution via settlement or trial. You can check out a newspaper story about the case here .

Warning Regarding 15 Passenger Vans

The federal government issued a consumer advisory regarding 15 passenger vans after accidents in New York and Georgia. Users of the vans must make sure that the tires are properly inflated before each and every trip. Further, the vans should be properly maintained and not overloaded. 

Graco Stoller Recalled

Graco has recalled about two million strollers after four children have died in them. The recall covers the Graco Quattro Tour and MetroLite strollers and travel systems. They were distributed by Graco Children's Products, Inc. located in Atlanta, Georgia. 

Medication Errors Are Common

Medication errors are common and under reported, according to an organization that promotes medication error reporting. Reasons for not reporting include that many practitioners do not know they are committing the error, fear of punishment and fear of lawsuits. Only a very small fraction of medication errors are reported to health officials. 

DePuy Hip Replacement Suit Filed

Plaintiffs filed a class action suit against DePuy Orthopaedics over its hip implant known as the ASR XL Acetabular System hip replacement. It was recalled earlier this year due to a high failure rate. According to a recent study, 13% of patients who received the hip replacement had to have revision surgery within five years. The suit may cover anyone who received a DePuy hip replacement in the past seven years. 

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