Syracuse Injury Lawyer Blog

Johnson & Johnson and McNeil Pharmaceuticals, the manufacturer(s) of several well-known over-the-counter (OTC) children's medications, recently recalled several lots of Infants' Tylenol, Children's Tylenol, Children's Motrin, Children's Zyrtec and Children's Benadryl. According to the company, some of the medicines being recalled "may contain a higher concentration of active ingredient than is specified." Others "may contain inactive ingredients that may not meet internal testing requirements." Still others "may contain tiny particles."

While the risk of harm to consumers is low, if your child got sick after taking Tylenol, you and your child may be entitled to compensation from McNeil and should consider calling a Syracuse product liability lawyer, such as a Bottar Leone, PLLC attorney, to discuss a Tylenol recall lawsuit. According to an FDA report, the recall was prompted by "sloppy" quality control. Debra M. Autor, of the FDA, told the New York Times that "[t]his is yet another example of the need for companies to take full accountability for the quality of their drugs, and the serious consequences that can happen when companies do not do so."

Investigators believe that some of the medications were manufactured with raw ingredients that were contaminated with a still-unknown bacteria. According to McNeill, no product containing bacteria was sold. We believe that McNeill's apparent surprise at the possibility of contamination is suspect, given that it received complaints of foul smelling Tylenol Arthritis Pain caplets in early 2008. Those complaints were not reported to the FDA's Recalls and Shortages Branch until September of 2009.

Continue reading "Syracuse Tylenol Recall Lawyers Report On Potential Bacteria Contamination" »

Several different brands of children's face paints have been recalled due to "adverse reactions." The paints were recalled following a release from the Food and Drug Administration, which reported complaints of rashes, irritation and swelling where the paints were applied to children's faces. According to reports, the paints contained high yeast and mold counts.

Fun Express, Inc., recalled the paints. Fun Express is a wholly owned subsidiary of Oriental Trading Co. The paints were made in China by Shanghai Color Art Stationery Company, Ltd. The recalled product numbers are:

85/2077 (blue)
85/2078 (purple)
85/2079 (red)
85/2080 (orange)
85/2081 (black)
85/2082 (green)

Continue reading "Unsafe Products Sold In Syracuse Recalled By FDA" »

According to the Post Standard and a recent study conducted by the SUNY College of Environmental Science and Forestry, lead levels were elevated in the dirt from all but one Syracuse-area garden tested. The gardens tested around Syracuse include: Isabella Street Community Garden, West Newell Street Garden, Avery Avenue Garden, Lipe Art Park, Wescott Garden, Townsend Garden.

Many of the gardens, which are located on the City's north and south sides, are maintained by resident gardeners who have worked for years in the dirt and soil. These residents, who today learned that they may have been exposed to lead and other toxic chemicals, are understandably upset. Especially as, according to the study, the City of Syracuse may have been once source of the contamination.

Normal lead levels are 40-50 ppm. The levels in the gardens tested ranged from 46-820 ppm. More disturbing was the fact that the arsenic levels were even higher. Normal arsenic levels are 0.4 ppm. In all but one garden tested, the levels were 8-17 ppm. Possible sources of the lead contamination include roadway runoff laced with pre-1986 lead gasoline additives, lead-paint from homes, and topsoil trucked by the City to the gardens - topsoil which the City collected from Syracuse-area yard waste. The arsenic contamination like came from decomposing pressure-treated wood and/or pesticides.

Chemicals in the gardens is a cause of concern for many, as dozens of residents have worked the soil for years. Some of the gardens have also been used to grow food. Without proper precautions, lead and arsenic can be absorbed by the body through contact.

There is no safe level of exposure to lead or paint. Lead exposure can make adults sick and can cause permanent neurological and brain damage in children. Arsenic exposure has been linked to damage to the circulatory systems as well as cancer.

The Post Standard quoted Mable Wilsonm founder of the Newell Street Community Garden, as saying that "[i]t feels like environmental discrimination. This is our community. You are tearing it down. At least put down good soil."

Continue reading "Syracuse Lead Lawyers On Toxic Contamination Of Community Gardens" »

Residents in Herkimer County and Oneida County are not breathing the worst air in the nation, but it could be better. According to the American Lung Association's 2009 State of the Air Report, residents in Herkimer County and Oneida County are not among the more than 186,000,000 Americans breathing air that received a failing grade, but their air is only a "C."

A "C" is indicative of air quality that, on at least one day a year, is unhealthy for sensitive groups of people. According to the American Lung Association in New York, "every day that residents in the region are forced to breathe in harmful air is one day too many."

Area officials are committed to reducing pollution and bettering air quality in order to reduce the risk of lung damage and associated diseases, such as asthma, bronchitis, pneumonia, adult respiratory distress syndrome, and lung cancer.

Continue reading "Unhealthy Air In Herkimer and Oneida May Lead To Lung Damage" »

The Consumer Product Safety Commission (CPSC) released a new standard today with regard to testing paint and painted products, such as children's toys, for lead. The new standard document (CPSC-CH-E1003-09) can be found here. Rules contained in the Ban of Lead-Containing Paint and Certain Consume Products Bearing Lead Containing Paint, CFR, Title 16, Part 1303, remain unchanged.

In short, the new protocol includes a standard for composite testing, as recommended by the Toy Industry Association Working Group. Composite testing, whether composite-testing-like-parts or composite-testing-different-parts involves sampling paint from several different product parts in order to secure a sample size sufficient for lead (pB) testing.

Continue reading "Syracuse Lead Paint Lawyers On New Consumer Product Safety Standard" »