Author Archive

Hydroxycut Class Action Filed in California

June 17th, 2009. By

Here’s one that just came flying across my virtual desk—yes, it does happen to be from a law firm that advertises on LawyersandSettlements.com, but given that Hydroxycut Diet Supplements were touted as “America’s #1 Selling Weight Loss Product” (right on the package!), it does make you wonder about the extent to which adverse effects with Hydroxycut have been underreported. Here’s the release…

Baum, Hedlund, Aristei & Goldman Files National Hydroxycut Consumer Fraud Class Action Lawsuit on Behalf of Millions Who Consumed the Recalled Weight Loss Supplement

LOS ANGELES– Recalled Hydroxycut products are defective and dangerous according to a lawsuit filed today by Baum, Hedlund, Aristei & Goldman in federal court in Los Angeles on behalf of everyone who consumed any of the recalled weight loss Hydroxycut supplements.

The lead plaintiff in this class action, Marvin Thomas of Los Angeles, is seeking compensatory, equitable, declaratory, and injunctive relief for himself and everyone in the Hydroxycut class against the defendants for, among other things, violations of various states’ deceptive trade practices acts, misrepresentation, fraudulent, false and misleading advertisements, and unjust enrichment by distributing a product about which they had been making unsubstantiated claims of safety and effectiveness.

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Do Reglan Risks outweigh Benefits for Morning Sickness?

June 11th, 2009. By

Pregnant women are understandably cautious about what drugs and supplements they take-and this can be a problem for many women who suffer from debilitating morning sickness. What can you take that’s safe?

The New England Journal of Medicine (NEJM) published a new study this week, “The Safety of Metoclopramide Use in the First Trimester of Pregnancy“; Metoclopramide may sound familiar—it’s the name of the drug more commonly known as Reglan.

The results of the study are getting attention because the study, which was carried out in Israel, was apparently one of the largest of its kind to date. The results of the study were as follows:

There were 113,612 singleton births during the study period. A total of 81,703 of the infants (71.9%) were born to women registered in Clalit Health Services; 3458 of them (4.2%) were exposed to metoclopramide during the first trimester of pregnancy. Exposure to metoclopramide, as compared with no exposure to the drug, was not associated with significantly increased risks of major congenital malformations (5.3% and 4.9%, respectively).

Given that Reglan—which is typically prescribed for acid reflux (GERD)—was given a black box warning by the FDA earlier in the year for its connection to Tardive Dyskinesia (characterized by involuntary, repetitive movements of the extremities, lip smacking, grimacing, tongue protrusion, rapid eye movements or blinking, puckering, pursing of the lips, or impaired movement of the fingers), it’s hard to imagine taking such a drug while pregnant.

So it will be interesting to see what, if anything, the FDA will do based on the results of this latest study. For now, Reglan remains classified by the FDA as a Pregnancy Category B drug-meaning they don’t have enough information to determine if it does cause problems.

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Chinese Drywall: when to get a Lawyer

June 11th, 2009. By

Since the Chinese Drywall debacle became big news, a ton of websites have popped up offering “what to look for” tips on how to detect whether you have a problem. While you may find evidence of a potential problem by noticing an unnatural blackening on coins or jewelry in your home, or by failure of appliances that use copper wiring, the Florida State Department of Health outlines what signs to look for that’ll ensure you get the help you need: legal help—as most homeowner’s insurance policies won’t give you a dime of help.

If you’re like many people, you may be a bit hesitant to contact a lawyer—but the guidelines below will help you understand when it’s in your best interest (and your home’s) to do so.

According to current case definition (3/30/09), you must meet certain requirements in order to meet the case definition—and it depends on when your home was built: 

Homes built after January 1, 2004 must show at least 2 of the 5 following signs.

Homes built before January 1, 2004 must show at least 3 of the 5 following signs.

1. Sulfur-like or rotten egg smell.

2. Drywall in your home with any of these visible markings…

      Made in China

      Knauf – Tianjin

      China-ASTM C36 06-05-03, 10.14

      Made in China ASTM C36/C1396 Standard

      Knauf – Tianjin China ASTM C36

      National Gypsum

      GridMarX

3. Evidence of black, sooty coating on copper freon pipes connecting to air handling unit

4. Evidence of air conditioner evaporator coil failure

5. Determination by an expert of the presence of premature copper corrosion on uninsulated copper wires or air conditioner evaporator coils

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Posted in Defective Products | 2 Comments »

Slim Jim Explosion: How Harmful is Ammonia?

June 10th, 2009. By

This week’s explosion at Con-Agra’s Garner, NC Slim Jim plant has ammonia in the spotlight—it’s used in their meat refrigeration process. As reports continue to show rescue workers suiting up in protective gear given the risks associated with ammonia exposure, it’s worth taking a look at just what is ammonia and how much of a risk does it pose when used commercially? 

According to the Agency for Toxic Substances and Disease Registry (ATSDR), which is part of the U.S. Department of Health and Human Services, ammonia is a clear gas at room temperature—and it’s characterized by that powerfully pungent odor you’re familiar with from household cleaners (and that you know in an instant cannot be good for you). Under pressure, anhydrous ammonia becomes a liquid. Of note, the ammonia you find in household cleaners is typically at a concentration of about 5% to 10% (weight:volume) compared to as much as 25% or more for commercial use. 

More ammonia facts: