The recent report published in the Archives of Surgery in October 2010 paints a grim picture regarding surgical errors. According to the report, there is a “persisting high frequency of surgical ‘never events, or errors that are entirely preventable and should never occur, despite the fact that hospitals must abide by a universal protocol of […]

DePuy Orthopaedics, a division of Johnson & Johnson, recently recalled two of its popular hip replacement systems the DePuy ASR XL Acetabular System and the ASR Hip Resurfacing System due to a higher-than-normal failure rate of the devices. Despite the devices’ marketed success since they were approved by the U.S. Food & Drug Administration in […]

Graco recently recalled approximately 2 million Graco strollers because the strollers have been known to cause entrapment and strangulation, including four deaths between 2003 and 2005. There have also been several reports of infants becoming entrapped in the stroller, resulting in cuts, bruises and difficulty breathing. The recall includes the older versions of the Graco […]

The city of San Francisco has effectively banned McDonald’s Happy Meal. The city’s Board of Supervisors passed an ordinance on November 2, 2010 requiring that meals that include toys with their purchase, like the popular Happy Meal does, meet specific nutritional guidelines. Since the Happy Meal currently does not meet such nutritional requirements, it is […]

The U.S. Food and Drug Administration (FDA) recently issued a report setting forth the findings of its 10-year study tracking the retail food industry’s efforts to reduce certain key risk factors. Based on the study’s findings, the FDA’s report called for increased efforts to improve food safety practices in retail food establishments, specifically with respect […]

When a manufacturer wishes to introduce a new medical device or reintroduce a device that will be significantly changed or modified to the extent that its safety or effectiveness could be affected, the manufacturer must provide the U.S. Food and Drug Administration (FDA) with a Premarket Notification (PMA) in the form of a 510(k) submission […]

Caffeinated alcoholic beverages may soon be a thing of the past. On November 17, 2010, the U.S. Food and Drug Administration (FDA) issued warning letters to four manufacturers of beverages containing both alcohol and caffeine, such as Four Loko and Joose, admonishing the companies for violations of federal law and effectively banning the beverages from […]

The United States Court of Appeals for the Seventh Circuit of Illinois recently considered whether a products liability lawsuit involving an allegedly defective lawnmower could proceed under Illinois law. In Malen v. MTD Products, Inc., No. 08-3855, the plaintiff’s foot was injured when he slipped off of his riding lawnmower and his foot was struck […]

2010 is drawing to a close and it’s been an interesting year. In a few weeks, we’ll review some of the more notable highlights from 2010 in the legal world. In the meantime, here’s our prediction of few personal injury trends to keep an eye on in the upcoming year. First, debate will continue about […]