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We aren't the first to note the latest class action denial in the prescription medical product liability field, In re Panacryl Sutures Products Liability Cases, No. 5:08-MD-1959-BO, slip op. (E.D.N.C. Nov. 13, 2009). 360 (subscription only) beat us to the punch the other day. But just because we aren't first, doesn't mean there's nothing in Panacryl worth blogging about. We view decisions like Panacryl as vindication of all the fuss we made for more than two years about the ALI's Principles of... Posted on November 19, 2009 at 02:51 am by Beck/Herrmann

We had to comment on the most intriguing case of Hughes v. Boston Scientific Corp., 2009 WL 3817586 (S.D. Miss. Nov. 12, 2009). Hughes involved a PMA device, something called a "HydroTherm Ablator," that allegedly malfunctioned and injured the plaintiff. Thereafter, the defendant (1) changed its adverse event reporting algorithm in response to FDA concerns, and (2) still later, instituted a Class II recall of the device. Faced with the inevitable Riegel-based preemption motion, the plaintiff... Posted on November 17, 2009 at 09:11 pm by Beck/Herrmann

We just love to see our victories put to good use by other lawyers in later cases. So we got a big kick out of Pustejovsky v. Wyeth, No. 4:07-CV-103-Y, 2009 U.S. Dist. LEXIS 101513 (N.D. Tex. Sept. 4, 2009). We didn't get a big kick out of the facts, since we had nothing to do with them: Dr. Collini prescribed generic Reglan to treat Pustejovsky's acid reflux. After using the drug for three years, Pustejovsky developed the movement disorder "tardive dyskinesia." She filed a product liability... Posted on November 16, 2009 at 09:00 pm by Beck/Herrmann

As a follow-up to my September 4, 2009 blog entitled, "Toyota Rollover Lawsuits: Automaker's Former Attorney Accuses Auto Manufacturer of Concealing Evidence in Over 300 Auto Products Liability Cases," U.S. District Judge George H. King, the judge presently assigned to the case, refused to grant Toyota's request to seal the lawsuit in the face of Toyota allegaions that Toyota will suffer "further harm" if the complaint is not sealed. Just four days after the suit was filed, District Judge... Posted on November 17, 2009 at 01:43 pm by Jim Gilbert

Nearly five years after Atwilda Brown died from severe injuries that she sustained when her chenille bathrobe caught fire, the elderly woman's family is suing Blair LLC for her wrongful death. They are seeking $30 million. The 80-year-old was making tea on February 12, 2005 when the tragic accident caused by the defective clothing happened. She is one of nine people who have died because a Blair chenille robe caught fire. Most of the victims were elderly people. Three of the people who died... Posted on November 16, 2009 at 06:05 pm by Gilbert, Ollanik, & Komyatte, P.C.

More needs to be done to prove child safety when it comes to seat belts-especially as not all US states require that kids ages 4-8 use booster seats. Unfortunately most seat belts are unable to properly fit over the bodies of many children to ensure maximum protection, which can result in catastrophic seat belt-related injuries, known as seat belt syndrome, during a car accident. Just last year, one 7-year-old's life changed forever when she sustained seat belt-related injuries during a... Posted on November 14, 2009 at 03:40 pm by Gilbert, Ollanik, & Komyatte, P.C.

If you are interested in serving as an editor of Products Liability Prof Blog for the Law Professor Blogs Network, please contact Paul Caron and Joe Hodnicki by email. Posted on August 16, 2009 at 10:17 am by Joe Hodnicki

The popular Drug and Device Law blog posted a piece yesterday where they reviewed the developments in product liability law for the last few decades and graded them in relation to help to their corporate clients. It is a nice... Posted on July 10, 2009 at 08:30 pm by productsprof

General Motors Corporation has agreed to assume responsibility for all future liability claims filed after the automaker emerges from bankruptcy, regardless of when the vehicle was made. GM had planned to include its product liability claims with its bad assets... Posted on July 2, 2009 at 07:07 am by productsprof

Juvan's Health Law Update has included posts only sporadically in the last few weeks because the blog has been involved in a transition to a new blog host. Sometime between Wednesday and Friday, the blog will be moved to Lexblog, which is designed specifically for legal blogs. Once the domain transfer is complete, you will be able to access the blog at www.juvanshealthlawupdate.com. We ask that, upon the launch of the new blog, you update all links on your site to Juvan's Health Law Update... Posted on January 9, 2007 at 08:23 pm by Jayne Juvan

Dems Introduce Legislation Requiring Negotiation of Medicare Drug Pricing. On Friday, Congressman Dingell, on behalf of himself and 189 co-sponsors, introduced H.R. 4 to amend the Social Security Act to require the negotiation of prices for Medicare Part D covered drugs. Specifically, H.R. 4, cited as the "Medicare Prescription Drug Price Negotiation Act of 2007", states that the Secretary "shall negotiate with pharmaceutical manufacturers the prices (including discounts, rebates and other... Posted on January 7, 2007 at 09:58 pm by Jayne Juvan

Recently, the Department of Health and Human Services filed its Answer in RxUSA Wholesale, Inc. v. Department of Health and Human Services. The FDA has also issued industry guidance about the injunction, a brief description of which is contained in this article. DHHS Files Answer. Only days before Christmas, on December 21, the Department of Health and Human Services filed its Answer in RxUSA Wholesale, Inc. v. Department of Health and Human Services. While the Answer was certainly no work of... Posted on January 7, 2007 at 05:40 pm by Jayne Juvan

Used car sales are naturally increasing as the economy's problems worsen. And when you shop for a used car, naturally one of your most pressing concerns will be learning about its prior ownership and accident history. You need to make sure it's safe. Often used car dealers will address your concerns by offering a free vehicle history report. You can also go online to do your own research. One of the most popular vehicle history reporting services is CarFax. CarFax touts itself as having "the... Posted on February 4, 2009 at 07:05 am

This week the Centers for Medicare & Medicaid Services began issuing its initial ratings in the federal regulators' new "five-star" system. Nursing home operators should receive advance notice of their first ratings by Wednesday. Beginning on December 18th, the public will be able to access individual nursing home's ratings on the CMS website 'Nursing Home Compare.' The agency will also be issuing a manual to explain the complex formulas that a panel of "leading academic researchers"... Posted on December 16, 2008 at 12:25 pm

Take a few minutes to look at this personal injury video and then ask yourself why has the insurance industry been lying about supposed runaway verdicts, the real causes of insurance rate hikes and so-called "tort reform." Posted on December 10, 2008 at 03:20 pm

View, rate and comment on our video about Simmons firm mesothelioma lawyers. Posted on October 22, 2009 at 04:43 am

SimmonsCooper LLC, a leading national law firm in the fight against mesothelioma and other asbestos-related diseases, today announced that it is changing its name to Simmons Browder Gianaris Angelides & Barnerd LLC. The firm will be known by clients and employees as the Simmons firm. The firm's new name acknowledges the firm's leadership, founding partner John Simmons said. Perry Browder, Ted Gianaris, Michael Angelides, and John Barnerd are five of the fourteen partners at the firm. Read... Posted on July 21, 2009 at 07:43 pm

Zaida Mattson is a sweet, funny and highly energetic 4-year-old girl that has been diagnosed with mesothelioma, one of the most aggressive and painful forms of cancer. Zaida's mom asked the Mesothelioma Applied Research Foundation to use her little girl's story to raise funds needed for research - research to save the life of Zaida and thousands of others. Her parents know that as long as there is life, there is hope - hope that the next treatment breakthrough will be developed in time.... Posted on May 4, 2009 at 07:44 pm

A San Francisco Superior Court jury recently returned an asbestos related verdict of $868,000 for the family of a drywall taper that died as a result of his prolonged exposure to asbestos containing products and mixes. Douglas Ivance spent his entire adult life as a dry wall taper where he used asbestos containing products, including joint compounds and sprays manufactured by Rich-Tex, Inc. a Richmond, California based supplier. The compounds and sprays utilized asbestos in their manufacture... Posted on March 12, 2007 at 08:32 am

For those affected by the deadly cancer of mesothelioma after prolonged exposure to asbestos containing fibers and products, Mesomark might just be the newest aid in monitoring and controlling the fatal disease. Since its approval for humanitarian use in the United States by the U.S. Food and Drug Administration in January of this year, many all over the world have already benefited from it use. Manufactured by Fujirebio Diagnostics, (FDI) Mesomark is a new blood testing kit designed to detect... Posted on March 6, 2007 at 07:16 am

Recent debate has sparked the necessary movement toward an outright ban of asbestos use in the United States as of late and Senator Patty Murray (D-WA) has now taken these efforts one-step further through the introduction of her legislation, "Ban Asbestos in America Act of 2007." The legislation, which has gained the support of many renown doctors and civic organizations alike, is geared toward mandating a reduction of asbestos containing products and materials over time with the eventual goal... Posted on March 4, 2007 at 04:41 pm

The events of Sept. 11 left Americans with, above all, questions. The recent 9/11 Commission tried to answer some of them, but rescue workers and New Yorkers worry their health is still in danger. A recently proposed bill could insure... Posted on August 5, 2004 at 08:55 pm by Kevin

A West Palm Beach, Fla., woman is celebrating a $1.1 million victory against an asbestos manufacturer, but the happiness is bittersweet, as she must celebrate it alone. Her husband, who would have benefitted most from the lawsuit, died before it... Posted on August 5, 2004 at 08:50 pm by Kevin

A federal locomotive safety law prohibits asbestos victims from making asbestos injury claims against train manufacturers in state courts, ruled the Ohio Supreme Court 5-2 recently. The decision upholds a lower court ruling that barred about 2,000 former railway workers... Posted on August 5, 2004 at 08:45 pm by Kevin

The British Medical Journal has reported a connection between the use of antidepressants by pregnant women and an increased risk for a common heart defect in babies. The antidepressants are in the class of drugs known as SSRIs (selective serotonin reuptake inhibitors). Paxil is an SSRI. The article is entitled: "Selective serotonin reuptake inhibitors in pregnancy and congenital malformations: population based cohort study" Another esteemed journal, The Archives of Pediatrics & Adolescent... Posted on November 21, 2009 at 11:11 pm by Jim Fitzgerald

A teratogenic agent is one that can cause birth defects. Glaxo ignored links between Paxil and birth defects for 20 years. Glaxo was told of the links that showed that Paxil was teratogenic but kept marketing it anyway. With more than 600 cases filed in court alleging that Glaxo knew Paxil caused birth defects and that it hid those risks to pump up profits, Glaxo has a lot of explaining to do. Approved for U.S. use in 1992-without Glaxo revealing to the FDA that it could be dangerous to... Posted on November 11, 2009 at 12:11 am by Jim Fitzgerald

When SmithKlineBeecham (now www.gsk.com) introduced its anti-depressant Paxil in 1992, the United States Food and Drug Administration www.fda.gov classified it as a drug with no known links to increased birth defects. The FDA did so, based upon the representations of the manufacturer. However, a recent court trial for a baby damaged by Paxil showed that Glaxo learned long ago that a link existed. Glaxo was not forthcoming with that information but the court battle brought it to light. Based... Posted on November 9, 2009 at 01:12 am by Jim Fitzgerald

Police are saying that a motorist who struck and seriously injured a bicyclist in Medford on Monday, was texting at the time of the accident. If that wasn't bad enough, the motorist Robert Sharrer was apparently texting someone about a drug deal at the time of the collision. According to news reports, the bicyclist Lisa Granert was riding responsibly, following all traffic rules and wearing a reflective vest. Sharrer's vehicle drifted on to the shoulder and stuck Granert's bike. The cyclist was... Posted on November 21, 2009 at 11:58 am

As a New Jersey personal injury lawyer, I have been concerned about the growing use of cell phones while driving by teens, and the tendency to text while behind the wheel. A new Pew survey shows that the problem may be worse then we believe. The researchers surveyed 800 teens between the ages of 12 and 17 between June and September this year. Seventy four additional teens, who were part of 9 focus groups in New York, Atlanta, Denver and Anna Arbor were also surveyed. While some of the results... Posted on November 19, 2009 at 01:21 am

/**/ I recently came across this article in the Telegraph about the growing numbers of families in the UK choosing to rear wolf dog breeds. Veterinary experts in the country are warning that this growing number of wolf dog hybrids could be a danger, especially to children who are looked upon as prey by these breeds. In fact, according to representatives of the Royal Society for the Prevention of Cruelty of Animals, these wolf dog hybrids may be likely to express their naturally wild behaviors... Posted on November 19, 2009 at 01:19 am

In the early hours of Friday morning, a 1997 Jeep Cherokee rolled down an embankment near Grapevine Mills shopping mall, killing one and injuring two others. The Jeep was headed west on LBJ freeway when the driver exited onto southbound Highway 121. Police say it appears that the vehicle failed to make a curve, causing it to roll down the hill and stop in some nearby trees. The driver, a woman was ejected from the vehicle and pronounced dead at the scene. One of the two male passengers was... Posted on November 21, 2009 at 06:36 am

Three people are dead and another three are injured after a head-on collision Friday morning that took place south of Lavon Lake, Texas. The accident occurred at around 10:00 a.m. on Highway 205, about a mile outside of Wylie. Among those injured was a four-year-old girl who lost her mom and grandparents in the accident. It appears that the white Hyundai SUV was traveling north when it likely hydroplaned, crossing the center line and hitting a Honda Passport minivan head-on. It was raining at... Posted on November 21, 2009 at 06:34 am

The Texas Tort Claims Act is the set of laws that determine when a governmental entity may be held legally liable for tortious conduct under state law. Before the Texas Tort Claims Act was adopted by the legislature, an individual could not recover damages from a state or local governmental unit for injured they suffered as a result of the actions of a government employee in an employee's performance of a governmental function. This concept is known as sovereign immunity, and it exists to... Posted on November 19, 2009 at 08:00 am

On November 17, we held our final webinar in a three-part series on bringing sustainable food products to market. Take-aways from the third webinar include: &#xe2€&#xa2 Be aware that "natural" is a hot button when advertising and labeling sustainable food products. &#xe2€&#xa2 "Sustainable" is not addressed in FTC Green Guides so it is imperative to be specific with your claim and/or use third-party certification. &#xe2€&#xa2 Truitt Brothers packaging/labels depict the source of their ingredients. &#xe2€&#xa2 Food-borne... Posted on November 20, 2009 at 01:49 pm

By Guest Bloggers Tyler Anderson and Stephanie Meier On November 13, the FDA notified nearly 30 manufacturers of caffeinated alcoholic beverages that the agency intends to look into the safety and legality of their products. As the FDA explained in a news release announcing this action, under the Federal Food, Drug, and Cosmetic Act any substance intentionally added to food, in this case caffeine in alcoholic beverages, is deemed unsafe and is unlawful unless its specific use has been approved... Posted on November 16, 2009 at 02:26 pm

Please join me, Steve Marinkovich from Propel Insurance, my colleague at Stoel Rives, Anne Glazer, and Peter Truitt, CEO of Truitt Bros., Inc. tomorrow, November 17, at 9 am PST, noon EST, (live Twitter feed at #sustainlaw) for the last webinar in our 3-part series on Bringing Sustainable Food Products To Market. Register here. We will discuss (and respond to your questions): &#xe2€&#xa2 Preventing and Dealing with Consumer Fraud, Unfair Trade and False Advertising Claims from Consumers and Competitors... Posted on November 16, 2009 at 09:20 am

As mentioned, the typical contract involves an offer being made, the offer then being accepted by another party, and the exchange of some consideration. There are, however, other theories or means by which a contract may come into existence. Sometimes a person who is not technically a party to a contract may have rights under the contract if he or she is a third-party beneficiary. In order for that beneficiary to enforce the contract with the other parties to the transaction, that beneficiary... Posted on November 20, 2009 at 09:26 am

In determining whether one party has failed to comply with the terms of the contract to the point in which damages should be awarded, the court will ask whether the breach of the contract is material. A material breach of contract is one that goes to the very heart of the agreement. In the house painting example, the failure to pay the one hundred dollars obviously goes to the very heart of the agreement and that failure to pay clearly would be a material breach of contract. If, on the other... Posted on November 19, 2009 at 09:42 am

Contracts are the foundation of our commercial system. A contract is an agreement. If the agreement is violated then the person who is in violation is liable for the damages called for under the contract. If Joe agrees to paint your house for a hundred dollars by a certain date, and after completing the job satisfactorily you refuse to pay Joe, then you are in breach of the contract and he can sue you for one hundred dollars. If Joe has to hire an attorney to file that lawsuit, then he may be... Posted on November 18, 2009 at 07:42 am

California state courts are reluctant to apply their Unfair Competition Law to a nationwide class. Perhaps it's because they recognize that theirs is one of the most liberal (and standardless) consumer fraud statutes in the nation. Whatever the cause, this reluctance made it all the more notable when Judge Christina A. Snyder held -- with little conflicts-of-law analysis whatsoever -- that the UCL could be applied to a nationwide class of advertisers suing Citysearch. See Menagerie Productions... Posted on November 20, 2009 at 05:57 am

In Mann v. CSX Transportation, Inc., Case No. 1:07-cv-3512, Slip op. (N.D. Ohio Nov. 10, 2009), plaintiffs sought medical monitoring as a result of a train derailment near Painesville, Ohio that resulted in a chemical fire that burned for 60 hours and forced the three-day evacuation of residents within a mile-and-a-half radius. Plaintiffs filed their putative class action within 24 hours of the evacuation being lifted. After discovery, the defendant moved for summary judgment, challenging the... Posted on November 19, 2009 at 04:25 pm

It's hardly news when another court refuses to certify a personal injury class action. These days, it's almost a given that such litigation presents too many individual issues of fact to meet the predominance standard of Rule 23(b)(3). But the recent decision from Judge Terrence Boyle in the Panacryl Sutures Multidistrict Litigation is notable for its considerable discussion of the choice of law problems presented by such claims. See In re Panacryl Sutures Prods. Liab. Cases, No.... Posted on November 18, 2009 at 01:14 pm

O'Neil v. Crane Co., (Second District, September 18, 2009), 99 Cal.Rptr.3d 533, 09 Cal. Daily Op. Serv. 12,021, 2009 Daily Journal D.A.R. 13,945 The widow and children of a naval officer who died of mesothelioma as a result of being exposed to asbestos while working on an aircraft carrier, filed a wrongful death action against the manufacturers of valves and pumps which contained asbestos and which had been installed on naval vessels. The plaintiffs alleged that the decedent had been exposed to... Posted on November 19, 2009 at 12:41 pm by Robinson, Calcagnie & Robinson

Komarova v. National Credit Acceptance, Inc., (First District, June 25, 2009) 175 Cal.App.4th 324, 95 Cal.Rptr.3d 880, 09 Cal. Daily Op. Serv. 8174, 2009 Daily Journal D.A.R. 9455 A woman filed an action against a debt collection agency, alleging that the defendant had engaged in abuses in violation of the Robbins-Rosenthal Fair Debt Collection Practices Act (Civil Code section 1788 et seq.). Asserting causes of action for statutory violations as well as intentional infliction of emotional... Posted on October 11, 2009 at 11:42 am by Robinson, Calcagnie & Robinson

Doe II v. MySpace Incorporated, (Second District, June 30, 2009) 175 Cal.App.4th 561, 96 Cal.Rptr.3d 148, 09 Cal. Daily Op. Serv. 8401, 2009 Daily Journal D.A.R. 9774 Four minor females filed separate lawsuits against the social networking website, MySpace.com, alleging that they had all been sexually assaulted by adults whom they had met on the website. The plaintiffs alleged that MySpace was aware that its website poses a danger to children by facilitating attempted and actual sexual assault,... Posted on September 22, 2009 at 01:06 pm by Robinson, Calcagnie & Robinson

Thanksgiving season is upon us, and it's time for the Turkey, the family get together, and the need for greater care while driving around Georgia. The year's biggest holiday is also its deadliest. Accident rates spike during the 102-hour period, killing and injuring several motorists and passengers. Anticipating massive holiday travel, Georgia officials have kicked off the "Click it or Ticket" campaign. The seatbelt enforcement campaign began on Monday, and will last through the holiday... Posted on November 19, 2009 at 10:24 am

/**/ Study Reveals Teen Texting While Driving is Dangerously High A new study that included teens from Atlanta, has revealed some frightening statistics that should cause great concern to Georgia personal injury lawyers. The study included 800 teens between 12 and 17, and 74 more in 9 focus groups in Atlanta, New York, Denver and Ann Arbor. According to the study, about a quarter of teens aged between 16 to 17 years admit to having texted while at the wheel. However, it's not that fact - scary... Posted on November 18, 2009 at 09:33 am

/**/ Student Injured in DeKalb County School Bus Accident News of a school bus accident is enough to cause concern to any Georgian. These vehicles carry some of the most precious cargo, and children may be at serious risk of injuries in these accidents. At least one student has been hospitalized with injuries after an accident involving two DeKalb County school buses this week. According to the Atlanta Journal Constitution, the accident occurred on Monday, when bus number 1794 of the McClendon... Posted on November 17, 2009 at 12:59 pm

This post was written by Dana Blanton. On November 12 and 13, 2009, the FDA hosted public hearings to vet the potential need for regulation of prescription pharmaceutical and medical device marketing on social media outlets such as YouTube, Wikipedia, Facebook, and Twitter. The FDA specifically sought input on these five questions: (1) For what online communications are manufacturers, packers or distributors accountable? (2) How can manufacturers, packers, or distributors fulfill regulatory... Posted on November 17, 2009 at 09:23 am

Across the country, plaintiffs' attorneys are targeting health care facilities over their alleged failure to comply with meal break rules. These suits claim that employers have automatically deducted 30 to 60 minutes of time for employees' meal periods, even if employees never took the breaks. Because employees can recover for violations that took place as many as three years before suit is filed, damages in these cases can be substantial. For more information, including steps you can take to... Posted on November 14, 2009 at 05:34 pm

While Congress continues to debate the "big picture" issues of broad-scale health care reform, pending bills in both the House of Representatives and Senate contain proposals to amend federal prescription drug price regulation programs such as the Medicaid rebate statute, the Public Health Service Act's Section 340B program, and Medicare Part D. For an overview of current proposals in this area and highlights of important issues for prescription drug manufacturers, distributors and dispensers,... Posted on November 12, 2009 at 07:44 am

British stroller maker Maclaren failed to inform government regulators for 5 years about the danger of its strollers. The company has known for some time that the stroller hinges could cause serious injuries to the fingers of children. In 2004, 23-month-old Connecticut toddler Carlos DeWinter lost his right pinky in a Maclaren Triumph stroller, according to court papers obtained by The New York Post. As his mother, Jane DeWinter, was shopping for a Maclaren Triumph stroller at a shop near... Posted on November 14, 2009 at 09:00 pm

According to recent press reports, the British stroller maker Maclaren knew for at least 5 years that its strollers could cut the tips off --- or completely amputate --- a child's fingers, but did nothing to alert the federal watchdog Consumer Products Safety Commission until very recently. Conceding that the fingers of 12 children have been severed by the stroller's hinges when they were opened or closed, Maclaren agreed to a "voluntary recall" of all of its stroller models dating back to... Posted on November 13, 2009 at 03:21 pm

It's the entire hospital's responsibility&#xe2€&#xa6and particularly the operating room team handling surgeries routinely&#xe2€&#xa6to ensure that foreign objects are not left inside of patients after surgery. Yes, it does occur. It's rare, but leaving a sponge inside a patient after an operation is one of those errors that simply should not happen. A hospital should regularly review its surgical count policy to ensure that everyone on the OR team accepts responsibility for preventing retained foreign objects.... Posted on July 18, 2009 at 06:00 pm

A defense lawyer and I were having a drink the other day and he told me that from time to time he has difficulty getting cases settled at mediation because plaintiff's lawyers don't have information about subrogation interests. Here are some tips to avoid such problems: At the initial client meeting, as you help you client understand his or her rights and go through the outline of the types of damages he or she can recover if the case is successful, explain the law of subrogation. To do so you... Posted on November 8, 2009 at 01:22 am

There are a significant number of cases of interest to Tennessee tort lawyers pending before the Tennessee Supreme Court. One of those cases is Cox v. M.A. Primary and Urgent Care Clinic, 2009 WL 230242 (Tenn. Ct. App. 230242 (Jan. 30, 2009). The issue in the case is the appropriate standard of care for a physician's assistant. The Court of Appeals ruled as follows: the services provided by a physician assistant are provided under the supervision of a licensed physician and within the scope of... Posted on November 4, 2009 at 01:18 am

I have written in the past about whether a plaintiff in a legal malpractice action arising out of the alleged mishandling of the plaintiff's underlying case should have to prove not only that the firm committed malpractice and that damages would have been awarded if malpractice had not occurred but also that the damages were collectable. This post will link you other posts on this subject. The Texas Supreme Court has ruled that "(1) the amount of damages that would have been collectible in the... Posted on November 3, 2009 at 01:18 am

The "Statement of Policy" below issued by the CPSC on Oct 21, 2009 as it pertains to lead content is not "law" but again is just a statement of policy and gives manufacturers and distributors some insight on how the current CPSC administration is going to interpret the law. This policy does not really assist recreational products manufactures all that much and seems aimed more at other industries that have applied more pressure to the CPSC or in greater numbers, or have more pressing needs for... Posted on October 21, 2009 at 03:13 am by ~

The Consumer Product Safety Commission (CPSC) on September 10 2009 published plans to implement a publicly accessible, searchable database of consumer product incident reports (not just recalls). The database, required under the Consumer Product Safety Improvement Act (CPSIA), is a part of a greater information technology effort that will increase public awareness and access to consumer product safety information. The database will be located on a government (.gov) website that will allow... Posted on October 16, 2009 at 07:28 am by ~

NOTE: as of the commission meeting on Oct 21, 2009 the Brass Lead Exclusions Petition(s) will not be heard until the Nov. 4, 2009 meeting. This was just announced today by the CPSC and is interesting as it discussed brass which is the issue a lot of bike have with respect to lead (spoke nipples, valve stems etc): Commission Briefing/Meeting Wednesday, October 14, 2009 9:00 a.m.-5:00 p.m. (Items 1-4, 9:00 a.m.-12:00 noon; Item 5, 2:00-5:00 p.m.) Hearing Room 420 Open to the Public The following... Posted on October 8, 2009 at 07:59 am by ~

At one point in time, Canada thought that asbestos was their ticket to prosperity. They even called it the "magic mineral", and began mining it extensively throughout the country, particularly in Quebec. Unfortunately, in the 1960s when asbestos miners began to show physical signs of asbestos disease, the excitement died down. Canada, like many other developed countries, has spent the last 20-plus years trying to rid homes, schools, and offices of the asbestos insulation that was so freely... Posted on June 22, 2009 at 04:31 pm by admin

The Mesothelioma Applied Research Foundation will hold its 2009 International Symposium on Malignant Mesothelioma at the Omni Shoreham Hotel in Washington, DC from June 25 to 27, 2009. The symposium is open to anyone who is interested in learning more about mesothelioma, including patients, caregivers, volunteers, advocates, and medical and scientific experts. Each of the three days is dedicated to a specific topic as follows: Day One - Advocacy. Meetings will be scheduled with the offices of... Posted on June 17, 2009 at 10:22 am by admin

The Oregon Occupational Safety and Health Administration (OSHA) fined the city of Central Point for not providing appropriate protection from asbestos exposure to workers. Asbestos exposure is the primary cause of mesothelioma, as well as asbestosis. The city employees were working on a demolition project that was completed in February. While only trace amounts of asbestos were found, OSHA fined the city $815 for violating procedural rules regarding training and handling of asbestos, in... Posted on June 11, 2009 at 04:36 pm by admin

According to news reports, a 37 year old deckhand working aboard a vessel owned by Schlumberger has obtained a 6 million dollar verdict, plus court costs, after he was burned over 45% of his body. A tank containing zinc bromide mixed with sand overheated, causing a plumbing failure. This resulted in the worker being drenched with hot zinc bromide and being severely burned. He was burned over 45% of his body, including his eyes. The worker suffers from high blood pressure, depression, and... Posted on December 16, 2008 at 07:33 am

According to news reports, a 37 year old deckhand working aboard a vessel owned by Schlumberger has obtained a 6 million dollar verdict, plus court costs, after he was burned over 45% of his body. A tank containing zinc bromide mixed with sand overheated, causing a plumbing failure. This resulted in the worker being drenched with hot zinc bromide and being severely burned. He was burned over 45% of his body, including his eyes. The worker suffers from high blood pressure, depression, and... Posted on December 16, 2008 at 07:33 am

Various news sources are reporting that a helicopter crash in the Gulf of Mexico has killed 3 oil rig workers on their way to an unmanned oil platform in the Gulf of Mexico. The Gulf Coast has seen entirely too many helicopter crashes in 2008. Something should be done to increase the safety of helicopters along with monitoring and enforcing safety laws that apply to helicopter companies. What law applies to a helicopter crash over a navigable body of water like the Gulf of Mexico? This analysis... Posted on December 16, 2008 at 07:26 am