Lawsuit Claims Shampoo and Other Products Contain Cancer Causing Agents
By Rachel E. Montes posted in Medical Claims: Defective Medical Devices on Monday, May 25, 2009
Bloomberg.com has reported that a lawsuit has been filed against Johnson & Johnson, the world’s largest maker of health-care products, and Proctor & Gamble Co. and other manufacturers sold shampoo and personal-care products containing formaldehyde and other carcinogenic compounds known to cause cancer. Among the products at issue included in the lawsuit are Johnson & Johnson’s Baby Shampoo” and other top-selling children’s bath and personal care products. Johnson & Johnson reported sales of $63.7 billion last year alone.
Consumers have a right to know what chemicals and agents are placed into the products they purchase. More importantly, manufacturers of these products have a responsibility to design, manufacture and to provide warnings on products they place into the stream of commerce that are not unreasonably dangerous. If you or a family member has been seriously injured by a product that you feel was not designed in a safe manner, or was defectively manufactured or did not include sufficient warnings, be sure to contact Rachel Montes or Tom Herald at Montes Herald Law Group, LLP for a free case evaluation.
Congress Is Considering the Medical Device Safety Act
By Rachel E. Montes posted in Medical Claims: Defective Medical Devices on Thursday, May 21, 2009
May 12, 2009
Congress is considering a bill known as the Medical Device Safety Act to give victims back their rights to sue the manufacturers of defective medical devices. In 2008, the United States Supreme Court decided the case of Riegel v. Medtronic, which took away the rights of all consumers who were injured by faulty medical devices. The Court ruled that consumers can’t sue medical device companies over medical devices that have been approved by the Food and Drug Administration. The decision in Medtronic was in sharp contrast to the Court’s decision in Wyeth v. Levine where the Court held that drug manufacturers cannot block lawsuits by claiming that they provided the minimal warnings required by the Food & Drug Administration when it did not warn of other known dangers. Congress is now stepping in to correct the problems created by the Medtronic decision and to give consumers back their rights to hold manufacturers of faulty medical devices accountable. At Montes Herald Law Group, L.L.P., we see this action as a positive step towards providing better and safer health care for everyone. The threat that a valid lawsuit has in holding these manufacturers accountable for their actions serves as a powerful incentive to test and manufacture safe medical products that are put into the stream of commerce.