Today’s Newsletter- Bad Ruling Concerning Unsafe Generic Drugs

Orange County Lawyers Monthly NewsletterToday’s Newsletter from Mitch and Lisa…

“Ruling May Leave You Vulnerable to Unsafe Generic Drugs”

You probably never think twice about filling your prescriptions with generic drugs. They are much cheaper than brand-names, and they perform exactly the same as the original, right?

But what if something goes terribly wrong like it did for Karen Bartlett when she took a generic painkiller for shoulder pain? Soon after, two-thirds of Karen’s skin began shedding off. Or Kira Gilbert, who took the generic Darvocet in advance of knee surgery and never woke up?

“Click here if you’d like to see the answers…”

2012 Safe Toys Buyer’s Guide

Study Reveals “10 Most Dangerous Toys of All Time”

Click here to also learn how to monitor unsafe toys from your mobile phone…

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WANT TO USE THIS ARTICLE IN YOUR EZINE, WEBSITE, OR PUBLICATION? You can, as long as you include the following blurb with it: Jackson and Wilson, Inc., is a California Personal Injury and Wrongful Death law firm located in Orange County, California. Visit their website and blog and get on their VIP email list today at www.MitchJackson.com
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The 10 Most Dangerous Toys of All Time

The Consumer Product Safety Commission (CPSC) recalls millions of toys every year but is stretched too thin to guard against all dangers. In the face of such risks, parents have come to rely on consumer groups for warnings and the civil justice system as an enforcement mechanism against negligent corporations. Click here to read more about the ten most dangerous toys of all time…

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If you like this post, please share it with friends using the buttons below. Also, make sure you don’t miss next Wednesday morning’s exclusive email legal tip. Click here to get on our private VIP list!
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WANT TO USE THIS ARTICLE IN YOUR EZINE, WEBSITE, OR PUBLICATION? You can, as long as you include the following blurb with it: Jackson and Wilson, Inc., is a California Personal Injury and Wrongful Death law firm located in Orange County, California. Visit their website and blog and get on their VIP email list today at www.MitchJackson.com
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Mitch Jackson Quoted by Lawyers.com about Recent Hydroxycut Weight Loss Drug Class Action Settlement for $23.5 Million

Who doesn’t remember the late-night TV commercials for Hydroxycut, the popular diet pill that bragged about being America’s number one weight loss supplement? Svelte characters like “Charlene from California” brag about losing “55 pounds fast with Hydroxycut” in the spots. Unfortunately, what Charlene and her fellow diet drug users didn’t realize is they may have been causing serious damage to their livers… [click here to read more...]

Mitch was recently interviewed by Lawyers.com to share his thoughts on this recent class action settlement. We invite you to read the entire article.

“Like any lawsuit, class action lawsuits are brought from many reasons… These may include public policy violations, unsafe products, fraud and deception, injury and even loss of life. In this case, the class action lawsuit was basically premised upon a claim of ‘deceptive conduct’ by the manufacturer of the recalled Hydroxycut weight loss diet supplement.”

“Essentially, the suit alleges that consumers were sold a false bill of goods, because they purchased the product with no expectation it could be harmful even though no long-term health studies had been conducted on it.”

“The plaintiffs argued that the manufacturer profited by selling a product that allegedly caused risk of severe liver injury. It was also alleged that no warnings were given to the consumer,” Jackson says. “The 2009 Food and Drug Administration recommendation that consumers not use Hydroxycut because of the risk of severe liver injury helped the plaintiffs with this aspect of the case.”

So what do you think? Should Hydroxycut be exposed to liability if it causes harm to people? Should it include the possibility of liver damage on its warning labels?

Click here to read the entire article at Lawyers.com

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Similar recent blog post…

Monster Energy Sued For Wrongful Death of 14-Year Old Girl

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If you like this post, please share it with friends using the buttons below. Also, make sure you don’t miss next Wednesday morning’s exclusive email legal tip. Click here to get on our private VIP list!
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WANT TO USE THIS ARTICLE IN YOUR EZINE, WEBSITE, OR PUBLICATION? You can, as long as you include the following blurb with it: Jackson and Wilson, Inc., is a California Personal Injury and Wrongful Death law firm located in Orange County, California. Visit their website and blog and get on their VIP email list today at www.MitchJackson.com
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Monster Energy Sued For Wrongful Death of 14-Year Old Girl

Monster Beverage Corporation Sued for Wrongful DeathOn October 17, 2012, a California Superior Court lawsuit was filed against Monster Energy (Monster Beverage Corporation) by the parents of Anais Fournier, a 14-year old Maryland teenager who died after drinking one 24 oz. can on December 16, 2011 and then another 24 oz. can the following afternoon. According to court documents, Anais died from cardiac arrhythmia.

In Riverside Superior Court Case No. RIC 1215551, Monster Energy is alleged to be legally responsible for Anais’ death based upon theories of strict product liability (design defect and failure to warn), negligence (design, sell, manufacture and warn), fraudulent concealment, breach of warranties and wrongful death.

According to published reports, lawyers for the Fournier family have alleged that two cans of Monster Energy contain 480 milligrams of caffeine which is equivalent to 14 12-oz. cans of Coke. It is also argued that caffeine can be lethal in doses ranging from 200-400 milligrams. In the asserted causes of action, they allege that the Monster Energy drink is unsafe and the public has not been warned of the risk of harm or death.

Court documents present the argument that from 2004 to 2009, energy drink sales increased 240%. Furthermore, this increase in energy drink sales coincided with an increase in the number of annual emergency room visits due to caffeine overdose, up from 1,128 in 2005 to 16,055 in 2008, and 13,114 in 2009.

“Monster is saddened by the untimely passing of Anais Fournier, and its sympathies go out to her family,” reads a statement released by the company. “Monster does not believe that its products are in any way responsible for the death of Ms. Fournier and intends to vigorously defend the lawsuit.”

The case was filed in Riverside because the Monster Beverage Corporation’s principal place of business is located in Corona, California.

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Click here to read the actual lawsuit and to learn more about California wrongful death law and consumer rights, click here.

GlaxoSmith-Kline LLC Pays $3 Billion for Fraud!

We have a big problem with big drug companies intentionally misleading the public about what certain drugs can be used for and failing to disclose important safety information. When this happens (and it happens way too often), these large drug companies and corporations need to be held accountable for their fraud.

On July 2, 2012, GlaxoSmith-Klinie LLC plead guilty to criminal-civil charges and agreed to pay the $3 billion dollar fine for promoting two popular drugs for (1) unapproved uses and (2) failing to disclose important known safety information on a third drug.

In the related civil lawsuit, the company was charged with using improper marketing techniques (see the short video below) and providing doctors with expensive resort vacations, European hunting trips, highly-paid speaking tours and tickets to a Madona concert.

The $3 billion dollar criminal-civil fine is the largest penalty ever for a drug company.

GlaxoSmithKline CEO is quoted as saying that the company has learned “from the mistakes that were made.”

We invite you to watch the video…

What Would Cars Be Like Without the Civil Justice System?

Good question.  Click on the diagram for the answer…

Car Safety- You can thank all the good hardworking lawyers

 

The Movie, “Hot Coffee”, Will Make Your Blood Boil…

For many Americans, the famous McDonald’s coffee case has become emblematic of the frivolous lawsuits that clog our courts and stall our justice system.   Or is that exactly what Big Corporate America, Insurance Companies, and McDonald’s wants us to think?

Enter intrepid filmmaker Susan Saladoff. Using the now-infamous legal battle over a spilled cup of coffee as a springboard into investigating our civil-justice system, Saladoff exposes the way corporations have spent millions distorting this case to promote tort reform.   Her film, Hot Coffee, is entered as a documentary in the 2011 Sundance Film Festival.

Big business has brewed an insidious concoction of manipulation and lies to protect its interests, and media lapdogs have stirred the cup.   Following four people whose lives have been devastated by their inability to access the courts, this searing documentary unearths the sad truth that most of our beliefs about the civil-justice system have been shaped or bought by corporate America. Informative, entertaining, and a stirring call to action, Hot Coffee will make your blood boil.

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And speaking about the McDonald’s case, here’s what the talk show pundits and columnists neglected to mention…

79 year old Stella Liebeck suffered third degree burns on her groin and inner thighs while trying to add sugar to her coffee at a McDonalds drive through. Third degree burns are the most serious kind of burn.

McDonalds knew it had a problem.  There were at least 700 previous cases of scalding coffee incidents at McDonalds before Liebeck’s case.  McDonalds had settled many claim before but refused Liebeck’s request for $20,000 compensation, forcing the case into court.

Lawyers found that McDonalds makes its coffee 30-50 degrees hotter than other restaurants, about 190 degrees.  Doctors testified that it only takes 2-7 seconds to cause a third degree burn at 190 degrees.  McDonalds knew its coffee was exceptionally hot but testified that they had never consulted with burn specialist.

The Shriner Burn Institute had previously warned McDonalds not to serve coffee above 130 degrees.  And so the jury came back with a decision- $160,000 for compensatory damages.  But because McDonalds was guilty of “willful, reckless, malicious or wanton conduct” punitive damages were also applied.  The jury set the award at $2.7 million.

The judge then reduced the fine to less than half a million.  Ms. Liebeck then settled with McDonalds for a sum reported to be much less than a half million dollars.  McDonald’s coffee is now sold at the same temperature as most other restaurants.

In our opinion, and based upon the facts, the system works and it works very well.

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