Posts Tagged ‘ Public Citizen ’

Watchdog Goes After Portable Bed Rails Citing Deaths

November 28th, 2012. By AbiK

Consumer watchdog group, Public Citizen has asked the Federal Trade Commission (FTC) to order Bed Handles, Inc. —makers of portable bed rails used by the elderly or infirm—to stop its deceptive advertising practices.

According to a letter sent by Public Citizen to the FTC, Bed Handles claims its Bedside Assistant bed handles are safe—”[making] and bed a safer bed”. However, Public Citizen notes, the bed handles have been responsible for four deaths.

The Public Citizen request calls for:

1. An immediate ban the marketing of Bedside Assistant bed handles, model numbers BA10W and BA10W-6, manufactured by Bed Handles, Inc., because these devices have directly caused the deaths of at least four adult patients through entrapment and subsequent strangulation or positional asphyxia and therefore present “an unreasonable and substantial risk of illness or injury” …

2. An immediate order for Bed Handles, Inc. to recall all Bedside Assistant bed handles, model number BA10W and BA10W-6, that have been sold or distributed; and

3. An immediate investigation by the FTC to thoroughly assess the association between (a) the design and use of all similar bed handle or bed rail devices manufactured by Bed Handles, Inc. or any other manufacturer and (b) the risk of life-threatening injury or death due to entrapment and subsequent strangulation or positional asphyxia, and as appropriate, based on the result of this investigation, take action to ban the marketing of, and to recall, those devices that pose similar risks of death and injury as seen with Bedside Assistant bed handles.

At issue with the portable bed railings is that they can allegedly slip out of place thereby creating a gap between the railing and the mattress. An individual can become accidentally entrapped in the space between the mattress and the railing. Injury or death can occur as a result of the victim’s trachea being compressed against the bars of the bed railing, leading to strangulation.

The letter from Public Citizen to the FTC included a picture (above) of a caregiver showing how one of her patients had become trapped in the Bedside Assistant bed railing. The victim was found dead in that position.

According to the Public Citizen website, the FTC did acknowledge receipt of the letter. As of this writing, however, while the word “safe” does not appear on the Bed Handles Inc. website in reference to the portable bed railings, there has not been a recall. (Note, the Bed Handles website does reference “safer”–but it’s as it relates to the bed handles leaving “floor space clear”).

Tags: Bed Handles, Bed Rails, Consumer Fraud, Consumer Safety, Deceptive Advertising, FTC, Portable Bed Rails, Public Citizen
Posted in Complaints/Comments, Consumer Fraud, Defective Products | No Comments »

Public Citizen Slams Chamber of Commerce re Frivolous Lawsuits

January 9th, 2012. By AbiK

The U.S. Chamber Institute for Legal Reform recently issued the results of its “Most Ridiculous Lawsuit of 2011” poll. According to FacesofLawsuitAbuse.org, the list showcases “the most egregious examples of frivolous and abusive litigation from around the country”.

The list, however, is not compiled for the sake of humor. It’s compiled as part of the US Chamber of Commerce’s agenda to ultimately curtail consumers’ access to the courts—in order to alleviate the impact that ‘frivolous’ lawsuits have on “businesses, families, and everyday Americans through lost time, money and job growth.”

Sounds good, right? Until you take a look at the list—as Public Citizen’s Congress Watch Research Director, Taylor Lincoln did—and realize that it includes a bunch of lawsuits that never went anywhere and probably never stood a chance in hell of being taken seriously in the first place.

And, if you’re going to compile a list of “most egregious” lawsuits, then you really ought to be able to measure just how egregious they are—in terms of time and cost. But oddly, many of these lawsuits, as Lincoln points out, were dismissed or withdrawn. In fact, 80% of the lawsuits on the list were dismissed or withdrawn.

To be clear, many of the lawsuits were approaching the absurd. LawyersandSettlements.com certainly deemed a number of them so when we reported on them (see how we covered some of the lawsuits that made the list: 8 Questions for Quack who filed Chuck E. Cheese Gambling Lawsuit, Steven Miner, Kathryn Miner…Meet Lisa Steinberg, White Castle 290 lb Craver Files Lawsuit to Sit, Movie Madness: Lawsuit Says “Drive” didn’t Drive Enough).

But—and here’s the beef of the Public Citizen article—if you’re going to showcase lawsuits such as these and use them as the basis for your argument to handcuff the consumers’ right to seek justice, you need to come up with something better to base your argument on.

One-off lawsuits that are rapidly dismissed or withdrawn do not quite compare in impact with those of a larger scale that drag on for years (e.g., Bank of America lawsuits alone have probably cost this country more than any of us could fathom—and they continue because, for some reason, a slap on the wrist just doesn’t seem to deter recidivist fraudulent behavior.)

Indeed, as Lincoln then points out, the type of litigation that is clogging—or abusing—the courts and costing both businesses and “everyday Americans” is corporate fraud such as what we’ve seen with major banks and mortgage foreclosure practices.

And it’s time for the US Chamber of Commerce to take a look at that.

Tags: Access to Justice, Public Citizen, Right to Trial, Tort Reform, US Chamber of Commerce
Posted in Emerging Issues, lawsuits | No Comments »

Don’t Miss Movie Blows Lid off Tort Reform

June 9th, 2011. By AbiK

Think you really know what happened with that McDonald’s Hot Coffee lawsuit? You’re about to learn the part of the story that wasn’t covered in the news…

In the ‘blow the lid off the top’ genre of documentaries, this summer’s sure-to-be cult favorite movie is…

More insidious than Big Oil and fracking…

More damning than the water movie “Flow” …

More frightening than genetically modified food…

And it’s going to make you think a lot more about tort reform and what it means to you and me. About caps on awards and about mandatory arbitration. About protecting your rights. And about what it’s been like for four individuals and their families to have tried to stand up for themselves in the name of justice.

Do not miss “Hot Coffee”. A documentary by Susan Saladoff. The Washington Post calls it a “stunning debut”. Variety calls it an “Eye-opening indictment”. And LawyersandSettlements.com calls it about time—and a much-needed reality check on our legal system.

“Hot Coffee” is premiering on HBO on June 27th. Check your listings. For more information, visit hotcoffeethemovie.com.

Tags: Documentary, HBO, hot coffee, McDonald's Coffee, Movie, Public Citizen, Susan Saladoff, Tort Reform
Posted in Emerging Issues, lawsuits | 1 Comment »

Hot Potato Diet Drug Alli Up for Grabs, but Who’s Buying?

April 29th, 2011. By AbiK

On the heels of consumer watchdog group, Public Citizen, calling for a ban of diet drug Alli, we see that GlaxoSmithKline (GSK)—makers of well-known type 2 and last-resort diabetes drug, Avandia—has chosen to offload the once golden weight loss wonder.

Alli Sales Drop

Apparently, Alli is not so golden anymore. GSK just reported on their first quarter earnings for 2011, and Alli sales were not exactly stellar. Case in point, Alli sales in Europe were down £14 million in first quarter 2011 vs prior year. And in the US? That’s a bit more ambiguous, though GSK does report “The USA grew 1% to £241 million, with strong performances from Sensodyne, Tums, Poligrip, Biotene, and Breathe offsetting lower sales of alli and Aquafresh.” Translation: Alli pooped in the US (no pun intended, see below).

Ok, financials are one thing—but there’s more to the Alli story than declining sales. And it begs the question, why would Sanofi-Aventis—if rumors are true—be considering buying Alli from GSK?

Alli Safety Record

Let’s recall that Alli was only approved for sale in 2007. That’s not all that long ago. Then by April, 2009 Alli was the subject of conversation with the CDER Drug Safety Oversight Board—over concerns of an Alli link to possible severe liver injury.

In August, 2009 the FDA sent out its Early Communication to alert consumers that Alli was indeed under review for severe liver injury risk.

By May, 2010 the FDA announced a revised label for Alli (and Xenical) that would include a warning about “rare reports of sever liver injury”.

Fast forward to Public Citizen’s call for a ban on Alli this month—which draws attention to some digging consumer watchdog group did over at the FDA’s AERS database that found Alli to “have been associated with 47 cases of acute pancreatitis and 73 cases of kidney stones”.

And Those Other Alli Side Effects…

In addition to being linked to serious liver injury, Alli is not exactly a dieter’s dream. We covered Alli’s rather gross side effects in an earlier story—and since then it’s not hard to find Alli users online who apparently have no shame in sharing stories of “oily orange stuff” dripping down their legs. GSK themselves recommended wearing dark clothes or carry additional clothes in case of an accident.

Seriously—possible Alli side effects reportedly include fatty or oily stools, oily spotting, intestinal gas with discharge, an increased number of bowel movements, or poor bowel control.

So given Alli’s recent sales decline, the potential for more serious adverse events to occur while taking Alli, the outcry for a ban on Alli—and the fact that it’s really not a pleasant way to lose weight—why would anyone want to buy the Alli brand?

Well, regardless of whether it’s Sanofi-Aventis or someone else, I hope their business plans include cross-promotion with Depends and Subtle Butt…

Tags: Alli, diet pills, Diet Plan, FDA, GlaxoSmithKline, GSK, orlistat-side-effects-orlistate-liver-damage-alli, Public Citizen, Sanofi Aventis, weight loss
Posted in Drugs/Medical, Emerging Issues | No Comments »