Weight Loss Product Causes Liver Damage and Other Health Problems

            On May 1, 2009, lovate Health Sciences, the Canadian based maker of Hydroxycut issued a recall due to the harmful side effects if its product.  The FDA reports that due to the use of Hydroxycut, there have been dozens of cases of liver damage, jaundice, and other related injuries, including one death of a 19-year-old boy in 2007.

            This is not the first time a dietary supplement has been recalled.  In 2004, the government banned ephedra in many supplements because it was linked to heart attacks and strokes.  Many wonder why it takes so long for harmful diet pills to be recalled or why they are distributed in the first place.  People tend to believe that the FDA has verified that these diet products are at least safe and effective, and in reality they have not.  The fact of the matter is that the FDA does not regulate dietary supplements prior to their distribution.  Regulators monitor aftermarket reports for signs of trouble. There is no requirement that the diet pill manufacturers meet FDA regulations prior to putting the medication out on the market.  The public needs to be aware of the fact that although there are strict guidelines that the FDA requires of diet or supplement pills, these do not come into effect until reports come in about harmful or fatal side effects. 

            According to a Contra Costa Times article, a lawsuit was filed in U.S. District Court on Wednesday June 17, 2009 alleging “violations of various states’ deceptive trade practices acts, misrepresentation, fraudulent, false and misleading advertisements, and unjust enrichment by distributing a product about which unsubstantiated claims of safety and effectiveness were made.”  The makers of Hydroxycut have known for a long time that their product is defective and causes liver damage, and yet they continued to market it as safe.  Hydroxycut failed to warn consumers of the risks injury when taking their product.  The FDA and dietary supplement companies need to come up with a means of regulating these dangerous medicines and the way they are advertised to consumers.

            Hydroxycut, which is now banned, was recalled because it caused injury or death.  Consumers beware of taking Hydroxycut, it can cause liver damage, jaundice, or other health related problems.  If you are taking Hydroxycut please stop immediately and return the product to the store you purchased it for a refund. 

Be aware: before taking any over the counter medicine, please consult with a physician and do research about the product.  If you have any adverse effects from an over the counter supplement, you should get medical attention immediately and report the adverse effect to the FDA.

The York Law Corporation is experienced in lawsuits dealing with defective products.  We have represented clients against consumer fraud and dangerous products that cause serious injury or death.  We believe in protecting consumers against unsafe products, false advertising and unfair or deceptive business practices.

York Law Corporation

Sacramento, California

www.yorklawcorp.com

Their Actions Should be a McCrime

           Do you remember the infamous McDonald’s coffee case in 1992?  Many people think that they know the story but the truth is that what you know or remember is probably wrong.  Insurance companies are thrilled that what you know or think you know is wrong because it means that their revision of the story has stuck with you. 

            One of the most commonly known stories that have been spun by insurance companies to try to justify “Tort Reform” (a.k.a. Tort Deform) is the case of Ms. Stella Liebeck who sustained third degree burn injuries from scalding hot coffee.  Many people believe that Stella Liebeck was driving through the McDonald’s drive through to get her morning coffee.  Then, as she was driving the lid came open and spilled all over her.  She then received millions of dollars because the jury wanted to punish McDonald’s for her “minimal injuries”.  That spin on the infamous McDonald’s Coffee Cup case is false and insurance companies are banking on your believing the myth they created.

Here are the real facts of the case.   Between 1982 and 1992, McDonalds had a reported 700 burn related injuries due to their coffee being served between 180 and 185° Fahrenheit, which they knew to be too hot for consumption.  Before this lawsuit, more than 700 people made complaints to McDonalds for scalding coffee burns in the previous ten years. Despite these numerous complaints, McDonald’s failed to consult a burn expert and failed to lower the temperature of its coffee. 

Ms. Liebeck, who was 79 years old at the time, was a passenger in a parked car getting her breakfast at the McDonald’s drive through.  The driver of the car pulled over to allow her to take off the lid and add cream and sugar to the cup.  There was no cup holder in the car so Ms. Liebeck held the coffee in between her legs.  The slick Styrofoam cup flipped backwards dumping scalding liquid into her lap and saturated the cotton sweat-suit she was wearing – which in turn clung to her legs holding the hot liquid against her skin.  Ms. Liebeck went to the emergency room and was hospitalized for 7 days with third degree burns over her genital, thigh and upper leg.  She received surgery (skin grafts) and had to stay home for 3 weeks to heal.  She lost 30 pounds and her family thought she wasn’t going to make it. 

As for the money she was awarded, many think it was millions of dollars.  But that is not true.  She was awarded $200,000 in compensatory damages which was reduced to $160,000 because the jury found her 20% at fault.  She was awarded $2.7 million in punitive damages, but the judge later reduced that to $480,000. 

            Before filing the lawsuit, Ms. Liebeck’s family attempted to settle with McDonald’s for only her out-of-pocket expenses of a little more than $2,000.  McDonald’s would not budge past $800.  

What does this mean for you, the consumer? Third degree burns occur at 185 degrees in just 2 – 5 seconds. They can require skin grafting and other expensive medical treatments that can exceed tens of thousands of dollars and inflict severe prolonged pain and permanent disability.

            Be aware of the potential danger of scalding liquids when at home or elsewhere. Make sure that children don’t have access to scalding liquids. Be aware that hot water is particularly harmful for young children because their skin is thinner than an adult’s.  A child will suffer a severe burn if exposed to 140-degree water for just three seconds. Be aware that elderly people are more vulnerable as well due to sensitive skin and slower reaction times.

Make sure that you know all the facts before buying into the sensational stories permeating our culture. Don’t let insurance company propaganda rob you of your rights to use our civil justice system to ensure your family’s safety.

The York Law Corporation is experienced in personal injury law, including burn injuries.  We zealously represent our clients against insurance companies to prevent manipulation and strive to achieve excellent results either in court or by settlement.  We also know that insurance companies are notorious for the three D’s: delay, deny, and don’t pay.  We consider it a vital part of our practice to ensure that irresponsible companies take responsibility for any negligent or harmful action.

York Law Corporation

Sacramento, California

www.yorklawcorp.com

Bankrupt and No Longer Liable for Injuries or Death from Defective Products from Pre-Bankruptcy Days

In what seems a futile attempt to save the crumbling economy, the U.S. poured a great deal of tax dollars to keep the auto-industry afloat.  The car company GM received $49.8 billion dollars and Chrysler received $15.5 billion.  In addition, Chrysler Financial the finance company for the company received $1.5 billion and GMAC, the lending company for both GM and Chrysler received $13.5 billion in government bailout money. The government distributed this money to GM, Chrysler, and other companies in the hopes that they would make it through the economic crisis and continue to manufacture products and provide jobs.  After taking their share of bailout funds, GM and Chrysler filed for bankruptcy. 

The Ad Hoc Committee of Consumer Victims of GM and Chrysler recently put out an advertisement which highlights the serious issues that arise from these two companies declaring bankruptcy.  GM and Chrysler no longer protect consumers that are injured or killed from a product defect that existed pre-bankruptcy.  Under the bankruptcy plan for both companies, consumers are no longer protected if they or a loved one are injured or killed due to a defect on a GM or Chrysler vehicle that existed pre-bankruptcy.  This is disheartening considering that in between Quarter 3 of 2003 and Quarter 4 of 2008; Chrysler had approximately 3,497 death and injury claims. GM had an estimated 15,284 death and injury claims during the same time frame.  This means that the two companies accounted for 47% of all claims filed against auto manufacturers between 2003 and 2008.

According to an article on June 23, 2009 from United Press International, a recent safety report has said that more than 3,400 U.S. citizens could be injured or killed in the next year by defective cars produced by GM and Chrysler.  What do consumers do about future injury and death related claims?  Who do the consumers turn to when they are hurt from a defective product?  These two companies deny claims related to a product defect from pre-bankruptcy days, saying it is no longer their problem even though they are responsible.  Other than the insurance companies, consumers who have been injured or have family members who were killed by pre-bankruptcy defective products now have no one to pay for the costs related to their injuries.

The York Law Corporation is a national leader in prosecuting consumer class action lawsuits.  Our firm believes in protecting consumers from being taken advantage of by large corporations.  We specialize in cases where businesses have unfair or deceptive business practices that take advantage of consumers.

York Law Corporation

Sacramento, California

www.yorklawcorp.com

Inadequate Care leading to Two Elderly Residents Dying

In a Los Angeles Time article on June 11, 2009, it was reported that State officials recently fined two nursing homes in Orange County for providing inadequate care that led to the deaths of two residents. 

In late November 2008, an 82 year old woman was admitted to the Alamitos West Health Care Center in Los Alamitos, CA.  When she was admitted, a doctor ordered that her fluid intake be monitored by staff at every shift.  The registered dietitian on staff could not prove that the nurses at the facility had made sure the woman was drinking enough fluids.  Review of patient’s fluid intake forms showed blank spaces or illegible writing.  On December 19th, the woman was hospitalized for a urinary tract infection, dehydration and an “altered mental status.”  The woman died six days later on Christmas day from her symptoms. The California Department of Public Health found that the nursing home failed to follow proper procedures which caused the patient to suffer dehydration and acute kidney failure and fined the facility $100,000.  According to Betsy Hite, the facility’s spokeswoman, the nursing home plans to appeal the fine.

On March 2, 2009, a male resident at the Huntington Valley Healthcare Center in Huntington Beach, CA died because the registered nurse supervisor did not call 911 or administer CPR because she thought the patient had a DNR (Do Not Resuscitate).  According to State officials, a licensed vocational nurse on staff called a family member to inform them that the man had died.  The family member told the nurse to hang up and call 911 because the patient’s medical record included an advance directive form from family which marked the option “I DO WANT C.P.R.” in an emergency situation.  When paramedics arrived, they found the man in his bed with no heart beat, a sheet over him, and no signs of C.P.R. being administered. The California Department of Public Health fined the facility $80,000.  At this time, the nursing home does not know if they will appeal the fine.

            The California Department of Public Health has many rules and regulations that nursing facilities must follow.  However, it is incredibly easy for bad nursing home conduct to slip by the State.  In many instances, the State does not do an investigation at all.  Often times, the State does their investigation years after the elderly person has already died.  When the State issues a citation, the nursing home will usually appeal the citation or try to settle for less.  Which then begs the question:  does nursing home neglect and abuse ever really stop?

           These two facilities have obtained a Class AA violation from the California Department of Public Health.  These violations are the most severe and are issued when a resident’s death can be directly and officially attributed to the responsibility of the facility, and carries fines between $25,000 and $100,000.

             The York Law Firm is experienced in prosecuting elder neglect cases involving the atrocities that many nursing homes commit on a regular basis when they fail to take proper care of our elderly residents.  One of our specializations is Nursing Home Abuse and Neglect.  We have successfully applied Federal and State laws to protect those living in Nursing Homes and Assisted Living Facilities from being victims of neglect and abuse.

York Law Corporation

Sacramento, California

www.yorklawcorp.com

http://www.yorklawcorp.com/practice/nursing-home-abuse/

Welcome to the York Law Corporation Blog. This Blog is intended to keep everyone up-to-date and informed on topics related to what our firm practices. We will update this Blog with articles, videos, new laws, and any other information relevant to the services we provide and types of cases we work on. Please feel free to comment and share your thoughts on the various issues we will be discussing. The main purpose of this Blog is to keep everyone that visits this site informed about the critical issues we see at our firm every day. Our firm covers a variety of areas including: Personal Injury, Catastrophic Injuries, RSD Injury, Automobile Accidents, Motorcycle Accidents, Large Truck Accidents, Nursing Home Abuse, Class Actions, Birth Injury, Cerebral Palsy, Wrongful Termination, and Wage and Hour Litigation. Please look at our Homepage for descriptions of our practice areas and contact information.

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York Law Corporation

Sacramento, California

www.yorklawcorp.com