Jacksonville Personal Injury Lawyer - Defective & Dangerous Products

Consumers Need To Be Informed About St. John's wort and Cataracts

Eddie Farah — Sat, 12 Dec 2009 15:16:48 GMT

News is beginning to emerge in the popular media that the plant, St. John’s wort may, while being a cure for mild depression, not be good for our eyesight.

Research out of Fordham University finds that in the lab, hypericin, which is the active ingredient in St. John’s wort, may also make the eye susceptible to sunburn, even in visible light, which causes cataracts and macular degeneration. The herb is, in other words, phototoxic to the ocular lens.

If that is true we would expect to see the effects in a large population… and that is exactly what we are seeing.

Using data from the 2002 National Health Interview survey, researchers from the University of Alabama cross-compared St. John's wort use and cataracts and came away with a statistically significant result - participants with cataracts were 59 percent more likely to report SJW use for at least a year.

This is intriguing at the very least and should serve as a red flag for anyone turning to “Nature’s Prozac.”

Unlike medications, the FDA regulates dietary supplements under a different set of regulations. The Dietary Supplement Health and Education Act of 1994 (DSHEA) makes the supplement makers responsible for ensuring it is safe before it’s marketed.

The FDA’s role is to monitor any adverse events that may crop up AFTER the supplement is on the market.

It seems a little like the tail wagging the dog, but the alternative is for the FDA to take on even more regulation, which would have to include aspirin and alcohol, as they both can present dangers if used irresponsibly. In other words, it is a slippery slope to have government regulation over dietary supplement, although no doubt this news will be used to make that case.

The best thing we can do is get the word out on Web sites that provide consumer information such as InjuryBoard, so that anyone who relies on St. John’s wort is an informed consumer.

In the meantime, if you take St. John’s wort, please have your eyesight examined regularly, and consider changing it out with other supplements that are also known to elevate mood.

Originally posted at InjuryBoard by Eddie Farah

Gardasil and Lou Gehrig's Disease - Two Cases

Eddie Farah — Mon, 19 Oct 2009 23:31:59 GMT

Researchers believe that two separate cases of Lou Gehrig’s Disease in young girls that progressed rapidly following the Gardasil injection may be related to the cervical cancer drug.

More than seven million young women and girls have been given Gardasil vaccine in a three-shot series to protect against two types of virus that cause cervical cancer and two that cause genital warts.

In both cases the young women died and amyotrophic lateral sclerosis or ALS, also known as Lou Gehrig's Disease progressed rapidly. Merck, the maker of Gardasil does not believe the events could have been caused by Gardasil.

Here’s what we do know. Jenny Tetlock was 14-years-old. Months after her third and final booster for Gardasil, she tripped in gym class. Soon both legs and her arms became weak. She began to limp and had trouble gripping objects and she felt pins and needles in her feet. Her muscled atrophied.

Her parents tell her story on their web site Jenny’s Journey hoping others may report similar cases to them so they can make sure the cases are registered with the federal government.

Within a year Jenny was paralyzed, a quadriplegic and used life support to help her breath. The degenerative disease did not harm her mind, which Web MD reports was as sharp as ever before she died.

Another girl, 20-years-old, saw her ALS progress the same way within four months of her first Gardasil shot. She died 28 months later.

The link between the symptoms and the shot is very suspicious to researcher Dr. Catherine Lomen-Hoerth at the ALS Center at University of California San Francisco Medical Center.

First the symptoms progressed very rapidly, more so than in a typical ALS patient. Both girls had an inflamed spinal cord she said to doctors at the American Neurological Association.

More work is to be done. Young ALS patients will be compared to these girls. The adverse events reports will be combed further to see if there are any young women who reported ALS symptoms following Gardasil. So far there are none reported.

Jenny’s parents, Phil and Barb, both college professors, are asking anyone who visits their Web site in their daughter’s honor to forward any cases of muscle paralysis following a Gardasil injection to their Web site so they can make sure that it is registered on the federal VAERS (Vaccine Adverse Events Reporting System) Web site. They fear cases are underreported since VAERS is not generally known or easy to navigate.

And one doctor says he will now ask his young ALS patients if they received the Gardasil vaccine. He didn’t think to ask before, he says.

Our sympathies go out to the friends and families of these two young women.

Jenny was 15 when she lost her battle with the rapidly degenerative neurological disease on March 15, 2009. #

Originally posted at InjuryBoard by Eddie Farah

Ford Recall of 4.5 Million Vehicles Over Fire Danger

Eddie Farah — Fri, 16 Oct 2009 14:23:06 GMT

Ford Motor Company has issued its largest single recall in history this week alerting drivers to a fire hazard from a faulty switch. This is the eighth recall of the faulty Fords, this time involving 4.5 million vehicles.

The National Highway Traffic Safety Administration notes that 16 million Ford vehicles have been recalled over the faulty switch in the past decade.

The problem switch is made by Texas Instruments. The cruise control deactivation switch can leak hydraulic fluid, overheat and then burn, risking fire, even when the car is parked in your garage. The Windstar vans have an elevated risk, said a Ford spokesman.

Ford says it did not use the controversial switch in post 2003-models.

According to the government, Ford drivers should look for anything that appears to signal a fire danger such as malfunctioning cruise control and brake lights, antilock braking systems and brake light warnings on the dash. Another warning sign is difficulty in getting the vehicle out of the park mode.

You can take your vehicle to a dealer for a complimentary installation of a fused wiring harness that eliminates the risk of fires, according to NHTSA. The safety recall should officially begin the week of October 26^th. Other resources include the NHTSA vehicle safety hotline a 1-888-327-4236 or http://www.safercar.gov.

Models included in the recall include: 1995-2003 Windstars, 2000-2003 Excursion diesels, 1993-1997 and 1999-2003 F-Super Duty diesels, 1992-2003 Econolines, 1995-2002 Explorers and Mercury Mountaineers, 1995-1997 and 2001-2003 Rangers and 1994 F35 motorhomes.

For the sake of your family, bring your vehicle in for the repair.

Originally posted at InjuryBoard by Eddie Farah

Chinese Drywall Victims Target White House

Eddie Farah — Fri, 07 Aug 2009 00:06:35 GMT

Tirzah Pestenski would like President Obama to come over to her house.

She even plans to place a call to the White House to see if he’d like coffee or tea. She is not just being sociable. Pestenski wants the president to see her custom home in Port St. Lucie, Florida and see for himself what walls made with Chinese drywall are doing to her.

She is part of a vocal campaign of homeowners who are rattling some cages to get federal and immediate help so they can move out of their tainted homes, made with defective drywall that emits sulfuric odors and gasses responsible for corroding wiring and who knows what else.

She has contacted hundreds of people who she hopes will join her in her campaign to get the White House interested.

Florida Sen. Bill Nelson has suggested the President create a 'one-stop’ federal drywall assistance center where homeowners can go for the latest information on the problem and seek resources to try and find a solution.

She is finding she’s not alone, although in her neighborhood she is.

About 100,000 households were built with drywall from China between the years 2000 to 2008, and their insurance policies have decided not to cover them. Unless they can afford to move out while the federal government concludes dozens of investigations, they must stay put, or sleep in a tent in the yard, not knowing what the corrosive qualities of the sulfur might be doing to their or their families’ health.

Why you pay your insurance premium? Just for a time like this. I applaud Ms. Pestenski and the others for trying to do something to bring added attention to their plight.

One good thing - she has connected with an entire community online through Facebook and e-mail who understand what this is all about. #

Originally posted at InjuryBoard by Eddie Farah

Florida Fire Marshall Suspects Chinese Drywall Could Be Flammable

Eddie Farah — Sun, 26 Jul 2009 22:17:13 GMT

As if the problems with the foul smell coming from Chinese drywall in some Florida homes is not problem enough - now we learn that the state Fire Marshal’s Office and the Consumer Product Safety Commission (CPSC) are testing to see if the toxic drywall contributes to fires. The source of two fires is in question and tests are underway by the state.

We already know that the odorous drywall corrodes electrical wires and air conditioner coils.

The CPSC has received 608 incidents reports from 21 states about the Chinese drywall, most of the complaints coming from Florida, Louisiana and Virginia.

The CPSC has issued a status report on Chinese drywall in this country.

It finds that some of the drywall was made with a radioactive phosphorus substance—phosphogypsum—that is banned for use in construction in the U.S. and the health risks of phosphogypsum are uncertain. The analysis of content should be completed by the Environmental Protection Agency by August 21.

CPSC staff is currently pressing for approval to visit China including specific mines and manufacturers.

The CPSC has asked China's General Administration of Quality Supervision, Inspection and Quarantine for a list of all drywall producers that used the LuNeng mine, which is located in the ShanDong province.

It has been confirmed that 5,503,694 sheets of Chinese drywall were imported into the U.S. in 2006 and it's possible there were even more shipments than that.

If you believe your home may have been built with defective drywall from China, your best bet is to hire an injury attorney who can help you keep track of the litigation that is underway. Lawsuits have been transferred to federal court in New Orleans.

With the construction industry suffering in this economic downturn it will be crucial to know which home builders step up to the plate to help consumers. In Florida, WCI and Lennar both have set aside about $40 million for remediation.

That may help rebuild hundreds of homes but residents should take care for the lifetime of health problems that could occur if they choose to continue living in these questionable homes. No amount of money will compensate you for damages to your health. #

Originally posted at InjuryBoard by Eddie Farah

Floridians Receive Confirmation of Defective Chinese-Made Wallboard

Eddie Farah — Wed, 20 May 2009 20:21:01 GMT

Reports of sulfur smelling homes and corroded wiring have been coming into the Florida Department of Health since December.

Now there is official federal confirmation that the Chinese-made wallboard, used in upward of 100,000 homes nationwide, is defective. That was confirmed by Environmental Protection Agency tests, encouraged by Sens. Bill Nelson of Florida and Mary Landrieu of Louisiana.

The EPA confirms that the Chinese-made wallboard contains sulfur and strontium, a metallic element, at ten times the level of U.S.-made drywall. There is also the presence of other compounds usually found in acrylic paint.

Consumers from at least six states complain that the rotten-egg smell has corroded wiring, jewelry and mirrors inside the homes. Others complain of health problems.

The defective wallboard was imported to the U.S. during the 2004 to 2008, when a building boom and post-Hurricane Katrina needs created a shortage.

Now what to do? Sen. Nelson says in a press release, “We’ve got the what, and now we need the why and how do we fix it? In the end, I think all this stuff is going to have to be ripped out.”

The EPA plans to do air sample testing inside affected housing and the Senators are filing for additional funds to cover that.

The Consumer Product Safety Commission has dragged its feet on the problem. As a result, Sen. Nelson has asked for and now received the removal of CPSC head Nancy Nord, which the White House did last week.

That is a good first step to taking this issue seriously and finding some relief for these overwhelmed homeowners who are now joining class-action lawsuits to get some relief.

Lennar Homes is replacing some defective wallboard on its own. Let’s hope they continue being a good neighbor to the poor residents who trusted their name and reputation when they decided to buy a home. #

Originally posted at InjuryBoard by Eddie Farah

Falling Television Kills Child

Eddie Farah — Fri, 08 May 2009 01:18:30 GMT

It was an incredibly sad story this week when little four-year-old Dymounique Wilson died after a television fell on her in her Jacksonville home. Wednesday night her mother, Samara Brinkley, put the little girl on her bed and as they watched television together, the mother dozed off.

“The only thing I heard was a boom, and when I woke up I saw the TV on her,” Brinkley tells Channel 4.

Apparently her Dora the Explorer book was on top of a heavy television which was on a stand and the little girl was trying to retrieve it.

Brinkley says she can’t sleep or eat since her daughter’s death.

Our condolences go out to those who loved this little girl. What a horrible tragedy and an accident.

“So I ask for every parent to please watch your children because this could have happened to anybody,” says Dymounique’s grandmother, Marrietta Brinkley.

She is right, it could happen to anyone and it does.

Just last week, a published study in the journal Clinical Pediatrics, looked at the number of patients under the age of 17 treated in emergency rooms for a furniture tip-over-related injury from 1990 to 2007. During that time, 264,000 injuries yielded almost 15,000 injuries. This is a significant increase in the number and rate of these injuries over eighteen years.

The majority - 75 percent of the injuries - occured to children six and under, and televisions were most commonly involved, in 47.4 percent of cases. The study concludes that the number and rate of injuries to children associated with furniture tip-overs is on the rise and that prevention is the first line of defense.

According to the Consumer Product Safety Commission, you are advised to use anchors to hold television stands, bookcases and bureaus to the wall. You can use a bracket, screws and toggles. Some televisions even come with straps or hardware to secure them.

Heavy televisions need to be on sturdy furniture and pushed back far on the furniture. Do not store anything tempting for children like toys or a remote control on the top of heavy items like television sets or shelving.

The CPSC says dressers and cabinets should be stacked with the heaviest things in the bottom so the furniture is not top-heavy.

Another source of furniture injury can be those cribs that have been recalled because they are unsafe. Consignment stores and yard sales are a source of these recalled items even though the CPSC puts out notices online for recalled items.

A crib with any gaping holes, such as a floorboard that separates from the frame can cause an infant to suffocate. Please check the CPSC Web site before buying used furniture that your child will spend time in, largely unsupervised, such as a crib.

Ms. Brinkley is right – this can happen to anyone. Again, our condolences go out to the family. #

Originally posted at InjuryBoard by Eddie Farah

Drywall Lawsuit Filed In Florida

Eddie Farah — Wed, 22 Apr 2009 17:19:00 GMT

There is quite a growing problem in Florida for homeowners who unknowingly bought homes with drywall made in China. A class-action lawsuit has now been brought in South Florida against homebuilder, Lennar on behalf of homeowners.

People claim they are getting sick from the sulfur gas and fumes coming from the dywall used primarily in 2005 and 2006. Many mirrors, metals, electronic equipment, and appliances are being found with corroded wires, the plaintiffs claim results from the drywall.

Many have had to move out of their homes. Lennar is doing what it can to fix the problem and has sued the Chinese drywall manufacturer and distributor.

We are very sorry for the countless people across Florida who bought their dream home and settled in only to find their home was a nightmare. For most of us, the home is where we find peace and relaxation at the end of a stressful day. Not for these folks.

People who have lost property and their health, not to mention a home, likely have a toxic and defective building product. Estimates are up to 100,000 homes in the U.S. may be affected including Alabama, Louisiana and Mississippi.

The results of a state Department of Health investigation as well as uncovering multiple layers of responsible parties, the builder, supplier, and distributor will all need to be uncovered.

Ultimately Lennar as the builder should have shown responsibility for what it was putting in its homes, period. But there are likely others who failed to do their job to ensure that products were of a quality nature and not defective. #

Originally posted at InjuryBoard by Eddie Farah

A Big Break For Big Tobacco Proposed In Florida

Eddie Farah — Tue, 21 Apr 2009 23:22:41 GMT

Big Tobacco may be receiving a shield from the Florida legislature.

Right now there are about 8,000 sick smokers, former smokers, or survivors of smokers, who have sued the tobacco industry for making misleading claims and fraudulently marketing their product for years.

On Tuesday in Tallahassee, lawmakers granted a wish that lobbyists for Big Tobacco have wanted for some time. It caps the bonds they would have to set aside in case they lose those lawsuits. Putting up a bond is a condition that must be met before a company can appeal.

This was very good news for Philip Morris, R. J. Reynolds, Tobacco and Lorillard. With less money on the table, Big Tobacco can more easily wait out the fate of a plaintiff, who unfortunately, as a sick smoker, is usually facing a mountain of health problems. Wait long enough and the plaintiff dies. Wait even longer and their spouse dies. That means the case dies.

We can thank the bills promoters - House Finance and Tax Council Chairwoman Ellyn Bogdanoff and Melbourne Republican Sen. Mike Haridopolous- friends of Big Tobacco who were worried that the huge corporations might undergo financial uncertainty with a lot of cash held up.

Dont worry- the big three have branched out into other businesses, both domestically and internationally, and reportedly made more than $80 billion last year.

They were also concerned that Big Tobacco might claim it couldn’t pay the annual $205 million to the state as part of the 12-year-old landmark tobacco settlement.

It’s a real concern. If the first case is any indication, Big Tobacco would have to shell out about $45 billion in bond money.

But the law is not needed. A lawyer for Reynolds can ask a judge to reduce a bond, providing them the relief they seek. Let's hope the legislature sees the error in these bills.

Originally posted at InjuryBoard by Eddie Farah

Florida Considers Banning Tanning Beds For Teens

Eddie Farah — Fri, 27 Mar 2009 23:42:00 GMT

It’s hard to believe that in the Sunshine State people pay to go into a tanning booth to get sun exposure. But they do, including kids who want to get ready for spring break or a cheerleading competition.

So state lawmakers have filed anti-tanning legislation that would ban those under the age of 16 from being able to go to a tanning bed. The law would go into effect July 1.

Needless to say, shop owners in the state fear an impact on their business and want the state legislature to mind its own business.

“God made us to naturally tan. If you were on an island, you would tan to protect yourself from the sun’s harmful rays,” says Brandi Botts of Tan Lines Studio in Cape Coral to First Coast News.

But lawmakers cite studies that show too much tanning, especially in young people can harm the skin and lead to skin cancer.

Naturally, people don’t like government intrusion in their lives. But experts are beginning to agree that the UV exposure from tanning beds are linked to an increase in the risk for melanoma by 75 percent – according to the Skin Cancer Foundation. The biggest risk is for those who first use a tanning bed before the age of 35.

The World Health Organization doesn’t believe tanning beds are safe for young people and promotes banning their use. The American Academy of Dermatology also believes their use should be restricted.

One girl puts it best in a blog- she knows from the location of the skin cancer she got in her 20s, that it could have only come from a tanning bed.

Originally posted at InjuryBoard by Eddie Farah