Thursday, April 7, 2011

Health Law Pulse - April 7, 2011

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Health Law Pulse Newsletter

April 7, 2011 FindLaw.com Health Law Newsletter

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HEALTH CARE ROUNDUP:

TYLENOL RECALL: MUSTY ODOR PROMPTS ANOTHER RECALL
(FindLaw's Common Law) - Johnson & Johnson has announced yet another Tylenol recall. This one is a voluntary consumer recall of eight-hour extended-release caplets because of a "musty or moldy odor." About 34,000 bottles are being recalled although the company says any health risk from the caplets is "remote". The latest Tylenol recall involves more than 34,000 bottles of Tylenol 8 Hour Extended Release, which were distributed throughout the U.S. All of the products come from lot number ADM074, which is on the bottom of the bottles.

CAMPBELL SOUP 'LOW SODIUM' LAWSUIT CAN GO FORWARD
(FindLaw's Common Law) - Is Campbell Soup's "low-sodium" not as low in sodium as you think? A federal judge has allowed a lawsuit to go ahead against Campbell Soup Co, the world's largest soup-maker, over whether its purported "low-sodium" tomato soup really has less sodium, Reuters reports. Four New Jersey women had sued the company last year, contending they were misled into paying more for the "low sodium" brand. They say it had almost as much sodium as Campbell's regular tomato soup.

MONSTER ENERGY DRINK: MOUSE SUIT A 'SHAKEDOWN'
(FindLaw's Injured) - People were horrified to learn of Vitaliy Sulzhik, who reportedly found a dead mouse in a can of Monster Energy Drink. But, according to Hansen Beverage Company, Monster's manufacturer, Sulzhik's negligence and product liability lawsuit is a sham. If there really was a dead mouse in a can of Monster Energy Drink, it would have deteriorated, rendering the first sip undrinkable.

REPORT: STUDY OF GAY, TRANSGENDER HEALTH NEEDED
(AP) - Scientists only recently learned how certain diseases affect women differently than men, and blacks differently than whites. Now a major new report says it's time to study the unique health needs of gay and transgender people, too. The Institute of Medicine says stigma often keeps lesbian, gay, bisexual and transgender people from seeking health care - and when they do, there's little research to guide doctors in their treatment.

VAGINAL GEL REDUCES PRETERM BIRTHS IN SOME WOMEN
(AP) - A simple treatment - a hormone-containing vaginal gel - significantly reduces premature births among pregnant women who are at high risk because of a problem with the cervix, government researchers reported Wednesday. Many factors can lead to premature birth, but Wednesday's study targets one subset: the thousands of women who develop an unusually shortened cervix, the gateway to the uterus.

AP IMPACT: SYNTHETIC DRUGS SEND THOUSANDS TO ER
(AP) - Synthetic substances that mimic marijuana, cocaine and other illegal drugs are making users across the nation seriously ill, causing seizures and hallucinations and even killing some. The inexpensive products are often packaged as incense or bath salts. As more people experiment with them, hospitals are seeing a sharp spike in the number of patients with problems ranging from labored breathing and rapid heartbeats to extreme paranoia and delusions.

DECLAN SULLIVAN: NOTRE DAME FINED BY INDIANA OSHA
(FindLaw's Injured) - Notre Dame's Declan Sullivan story is a sad one, and it may well end up getting the University sued. Now, Indiana's Occupational Health and Safety Administration (OHSA) has concluded its investigation into the death of Declan Sullivan, a Notre Dame student videographer who was filming a football practice when the hydraulic lift he was standing on collapsed. Indiana's OHSA announced that Notre Dame will be fined $77,500 for workplace safety violations. The Fighting Irish were hit with a total of six violations, including "knowingly exposing its employees to unsafe conditions," the OSHA statement read.

SOME MINERS SURVIVED INITIAL MASSEY MINE BLAST
(FindLaw's Injured) - Last year, officials told the world that all 29 miners killed by the Upper Big Branch mine explosion in West Virginia died instantaneously. A lawsuit filed last week by a miner's widow contends otherwise, alleging that seven of the victims remained alive as Massey executives refused them aid. During the Massey mine blast, eight men were in a shuttle heading towards the mine. The lawsuit states that one of these men, after strapping on his own self-rescuer, tried to do the same for his colleagues, who he testified were breathing and moaning.

TOYOTA WINS FIRST SUDDEN ACCELERATION TRIAL
(FindLaw's Injured) - Between 2009 and 2011, over 8 million Toyota vehicles were subject to sudden acceleration recalls, which the company attributed to floor mats becoming lodged in pedal wells and mechanical sticking. The first of the Toyota sudden acceleration lawsuits wrapped up last Friday when a federal jury in New York found that the accident was attributable to driver error--not a design defect. Though there are still hundreds of Toyota sudden acceleration lawsuits waiting for trial, Friday's verdict is not necessarily indicative of their outcome.

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FDA ACTIONS:

JAPAN FOOD BAN: FDA HALTS MILK, VEGETABLES IMPORT ON RADIATION RISK
(FindLaw's Common Law) - Radiation fears have led the U.S. Food and Drug Administration to ban certain milk and food imports from Japan.

RECENT CASE SUMMARIES:

HALL V. SECRETARY OF HHS, 2010-5126
(U.S. Fed. Cir.) - In a dispute arising from an award of attorneys fees under 42 U.S.C. section 300aa-15 of the National Childhood Vaccine Injury Act, judgment of trial court is affirmed where special master awarded attorneys fees at the local hourly rate instead of the forum hourly rate because the bulk of the work was performed outside the forum, and there is was a very significant difference between the local and forum hourly rate.

IN THE MATTER OF STATE OF NEW YORK V. ANDREW O., 34
(NY Ct. App.) - In a proceeding seeking the commission of defendant to a treatment facility as a dangerous sex offender, Hygiene Law section 10 et. seq., judgment of the trial court is reversed where the examination of the religious views of a testifying psychiatrist constituted an improper attack on credibility, and the court failed to give a prompt and clear corrective instruction.


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