Medical device manufacturer Johnson & Johnson faces a variety of product liability lawsuits based on its DePuy ASR Hip Implants. The all-metal hip implants were inadequately tested before they were released for sale and experienced high failure rates.
A recent whistleblower lawsuit alleges that drugmaker Takeda Pharmaceutical Co. hid some of the adverse effects of its diabetes-drug Actos from federal regulators. The whistleblower alleges that the company was aware of a link between its dangerous prescription drug and hundreds of congested heart failure cases but opted not to report these events in the U.S. Food and Drug Administration's Adverse Event Reporting System.
Many California residents have had it. It usually starts with the food sweats and is followed by severe stomach pain. Food-poisoning cases generally fall under product liability laws. Any party in the product's chain of distribution, such as manufacturers, retailers and people in between, can potentially be held liable. Of course, it all depends on the source of contamination. Last week, two women filed a Salmonella lawsuit when they became extremely sick after eating sushi tuna rolls at a local restaurant.
California is in the midst of a period of slight decline in motorcycle fatalities, as the number of deaths dropped 37 percent between 2009 and 2010. Compared to the 175 percent increase in motorcycle fatalities from 1998 to 2008, this change may be comforting to many California drivers, whether motorcyclists or otherwise. However, there is still more to be done to further prevent these devastating motorcycle accident fatalities.
When California residents invest in a luxurious car, they do not expect the expensive vehicle to have problems--especially safety issues. However, in recent news, BMW has informed the National Highway Traffic Safety Administration that it will recall 2,846 of its 8- and 12-cylinder models because of a fire hazard.
A study into prescription errors indicates that medication errors are shockingly common and often lead to the wrongful death of patients. One study of Canadian hospitals found that one in 13 patients suffered from a medical malpractice and that a quarter of these medical errors were drug-related.
California drivers are likely aware of how devastating a crash between a train and an automobile can be. Trains are huge forces that can cause serious injuries and even death when involved in collisions. Unfortunately, not all accidents of this type can be avoided.
A recently released study indicates that poorer patients are less likely to file medical malpractice claims than wealthier patients. The study, which was published in Clinical Orthopaedics and Related Research, goes against the belief of some physicians that lower income patients are more likely to complain about the care that they receive.
California is among the states that see a higher-than-average number of federal class actions brought under the Fair Labor Standards Act (FLSA) and these types of cases outnumber all other private class actions in this area of the law. Surprisingly, many of the FLSA and other employment cases stem from a lack of knowledge and compliance with employment laws by employers.
California residents would agree that it is alarming when products are recalled for safety reasons. One can be severely harmed by a defective item. What is even more upsetting is when these products are for children. That is exactly the case in a recent recall. A child seat is being stripped from consumers' shelves because it can potentially amputate babies' fingers.
Each year 1.7 million people suffer from some form of brain injury. These injuries can be devastating, and sometimes go unnoticed when victims don't realize their injuries are actually affecting their brains. The leading causes of these brain injuries across the nation are car and boat accidents, and the resulting brain injuries can range from a minor concussion to a more serious and traumatic injury.
Water is a big deal in California. Consequently, there is an entire sub-specialty of California law dealing with water and other environmental issues, based in part on the notion that natural resources belong to everyone. This was bolstered by a 1983 U.S. Supreme Court decision in a California case that the government has a duty to protect the "people's common heritage" under the public trust doctrine.
One afternoon, a 14-year-old girl was strolling around the mall with her friends. With some more shopping to go, she needed a kick that would help her power through the day. As a result, the teenager turned to an energy product. She consumed a couple of 24-ounce Monster drinks. When in need of a little push to get through the day, California residents tend to boost their systems with a quick energy beverage.
No one expects to be in immediate danger while waiting for the bus, which is something many people in Los Angeles do every day. Yet one California mother's life will never be the same after an unexpected motor vehicle accident occurred while she was waiting for a bus with her 18-month-old daughter. A pickup truck crashed into a bench near an El Monte bus stop. The collision killed the young girl, critically injured her mother and hurt a 12-year-old boy.
Rejection by the United States Food and Drug Administration was not enough to stop one company from selling a product outside the U.S. The well-known company Johnson & Johnson continued to sell its defective DePuy hip implant overseas, including in Europe, despite the FDA ban on the sale of this device in the United States because of safety concerns. Because regulations overseas can differ significantly from those in the United States, the company can say that it operated fully within the law.