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Archive for December, 2011

Class Action Lawsuits Explained

Friday, December 30th, 2011

With the growth of giant corporations, greed and corruption, class action lawsuits are rising in number to fight them. Intended to help the “common man” or the “little guy,” class action lawsuits are one of the few protections available to American consumers when federal and state laws fail to defend them.

The Ohio State Bar Association defines a class action lawsuit as “a lawsuit in state or federal court that is brought by one individual, or a few individuals, on behalf of a larger class of people similarly situated.” The group may have similar wrongs and damages, such as:

People who have been hurt by defective products, such as parents of children who were harmed by malfunctioning toys or people who were injured using a particular product
Victims of unsafe drugs that cause complications such as illnesses, permanent injury or even death
Employees bringing action against an employer for a common complaint
Residents in a specific geographical area who have been harmed by environmental pollution

A class action lawsuit typically seeks some type of compensation for the harm that has come to members of the class. Often, the claims of each individual are not large enough to justify expensive litigation, but by combining all the small dollar claims of a bigger group of people, the expense of litigation can be justified.

Class Action Lawsuits Common

American corporations have a duty to increase profits every year. Sometimes, they cut corners on consumer protections and safety to reach their profit goals. Because of this, class actions are common.

Without class action lawsuits, companies could harm consumers and face no consequences. (more…)

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Women Face Additional Challenges after Traumatic Brain Injury

Thursday, December 29th, 2011

Traumatic brain injuries may result in brain damage that affects how a victim thinks, moves and acts. People with traumatic brain injuries also face difficulties with thinking, reasoning, memory, talking, walking and understanding words. Often, a victim’s senses are also affected, causing problems with sight, smell, touch, taste and hearing. Changes in behavior are another common after-effect of TBI.

A comprehensive study of women’s health following brain injuries, published in the Journal of Women’s Health, showed that women suffering from TBI must deal with difficulties common to both sexes, in addition to facing their own unique set of challenges.

Reproductive Health Concerns for Women Post-TBI

The study, conducted by the University of Toronto, is considered the most complete and up-to-date analysis regarding the health concerns of women post-TBI. (more…)

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Why Rapid Diagnosis is Vital for Chemical Exposure

Tuesday, December 27th, 2011

Most people do not realize the lurking danger of chemical exposure. Because of poor federal protections and widespread use of chemicals in manufacturing and technology, anyone can be affected.

For instance, children in Jersey City, NJ grew up playing in and around puddles polluted with cancer-causing chromium from a nearby manufacturing plant. The spill was discovered in 1983 and still causes serious problems for the community today. Local news site NorthJersey.com recently reported on the EPA’s continued struggle to understand the size and scope of the spill.

Certainly, none of the residents near the Gulf of Mexico imagined the danger before the disastrous oil spill from the Deep Water Horizon. A recent documentary film, “The Big Fix,” revealed that wild life and humans continue to suffer illness from the spill and the toxic chemicals used to disperse the oil.

According to a group of scientists that authored a letter in Science, approximately 12,000 new chemicals are registered with the American Chemical Society every day. (more…)

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CooperVision Recalls More Than 6.6 Million Units of Contact Lenses

Monday, December 26th, 2011

In August 2011, CooperVision had begun to recall 600,000 Avaira Toric contact lenses. The company is how expanding the recall to include their Avaira Sphere line, a move that involves taking more than 6.6 million total units of contact lenses off the market.

Why is CooperVision Recalling Lenses?

All of the contact lenses in question have been linked to severe pain, eye discomfort and hazy vision, symptoms that were first pointed out in August of 2011 and resulted in the original recall of nearly 600,000 contact lenses in the United States. The company believes that there was too much silicone oil residue after the manufacturing process of the lenses, so they attempted to change their manufacturing processes and increase their quality control levels.

CooperVision maintains that they upgraded their quality processes prior to customer complaints, and that is how they originally caught the excess residue and initiated the recall on their own. On November 16, 2011, they continued their collaboration with the Food and Drug Administration (FDA) to expand the recall that was already in motion since August.

CooperVision is not disclosing which, and how many, lot numbers are involved in their recall, but all optometrists, eye-care specialists and other retail stores that sell contact lenses are aware of the specific lot numbers. Roughly 6.6 million contact lenses were recalled from CooperVision’s Avaira Sphere line, with over 4.9 million already in transit to consumers around the globe. (more…)

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Menopause Drugs Linked to Breast Cancer: Pfizer Agrees to Settlement

Saturday, December 24th, 2011

The popular pharmaceutical company Pfizer chose to settle in a recent civil case involving three Pennsylvania women who developed breast cancer after taking menopause drugs manufactured by the company.

The Philadelphia Enquirer’s Philly.com reports that during the compensatory phase of the trial, the jury found in favor of the plaintiffs, Susan Elfont, Bernadette Kalenkoski and Judy Mulderig. The jury awarded these women a combined total of $72.6 million in damages. The three women involved in this case represent only a few of the thousands who have filed similar suits against Pfizer or one of its subsidiaries. Before punitive damages could be assessed against Pfizer, the drug company settled with the three women for an undisclosed amount.

Civil Trials: Compensatory Versus Punitive Damages

When most people think of court cases, criminal trials often come to mind. In a criminal lawsuit, the jury decides whether an offender is guilty of a certain crime. If the defendant is found guilty, punishments typically include imprisonment, fines or even execution.

On the other hand, if a defendant is found guilty during a civil trial, there is no threat of imprisonment. Instead, the guilty defendant must compensate the plaintiff for any losses their actions may have caused. Furthermore, the defendant can also be found guilty of committing “personal wrongdoings” under the law.

As such, these cases are typically composed of two phases. During the first (compensatory) phase, the jury decides on the amount owed to the plaintiff as reimbursement for any injuries sustained. This amount is meant to cover any medical costs, lost wages, or pain and suffering experienced by the victim. During the punitive phrase of the trial, the same jury decides if the defendant should face further financial punishment, making an example out of their behavior.

Why Pfizer Decided to Settle

Pfizer’s decision to settle came the day before the punitive phase of the civil trial was scheduled to begin. (more…)

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