Medical Products Liability Posts in March, 2015

Court Dismisses E. Coli Liability Case against Boy Scouts

A ruling in federal court this week declared that the Boy Scouts of America would not be held responsible for an outbreak of E. coli which affected a Virginia scout camp back in 2008. In his decision to dismiss the case against the youth organization, U.S. District Judge Norman Moon indicated that there was no gross negligence on the part of scout leaders, but that the litigation against the food supplier could move forward....
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Peanuts May Help Prevent Foodborne Illness

With food poisoning outbreaks occurring on a fairly regular basis, and recalls being announced even more frequently, foodborne illness represents a considerable health concern to many Americans. Often, a recall or government agency notification will provide advice on how to prevent food poisoning, either in general or as related to a specific threat or pathogen....
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New FDA Guidelines for Reusable Medical Devices

In an effort to increase safety and prevent disease, the United States Food and Drug Administration (FDA) released new recommendations regarding reusable medical devices. The announcement from the FDA was made following an outbreak of a bacterial superbug linked to the design of a specific piece of reusable medical equipment....
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Fatal Listeria Outbreak Linked to Ice Cream Products

The Centers for Disease Control and Prevention (CDC) has confirmed an outbreak of Listeria monocytogenes infections at a hospital in Kansas resulting in three deaths to date. Local and state officials, the CDC and the U.S. Food and Drug Administration are currently investigating the outbreak in which five people contracted listeriosis, a form of food poisoning caused by the Listeria monoctyogenes bacterium....
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More Foodborne Illness Caused By Produce than By Meat or Eggs

Most Americans recognize the potential dangers of undercooked meat or raw eggs. In fact, many restaurant menus carry warnings that beef cooked less than well-done may place the diner at elevated risk for foodborne illness. While the concerns over meat, eggs, and often dairy products, are certainly based in fact, government research indicates that, more than any of these, fruits and vegetables represent the largest source of foodborne illness in the United States....
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Defective Wheelchair Lifts Sold Even After Recall

Defective medical devices are not limited to those implanted in a patient’s body. Patients who must use canes, wheelchairs, or other devices to get around are susceptible to a whole array of device warnings and risks that other Americans are not....
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Raw Milk A ‘Public Health Challenge’ For The CDC

The Centers for Disease Control and Prevention (CDC) recently announced that food poisoning outbreaks related to raw milk increased by nearly 70 percent in the last several years. Between 2007 and 2009, 30 such outbreaks were reported, growing to 51 from 2010 to 2012, causing nearly 1000 illnesses. Outbreaks, defined as two or more cases from a common source, occurred in 26 states, including Indiana, Michigan, Ohio, and Iowa....
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Knee Replacement Device Used Without FDA Approval

When most patients go in for surgery—especially serious surgeries like knee replacements—they are not concerned with the materials that doctors use. Most patients trust that their doctor is the expert, and will do what is necessary to ensure that the patient can recover quickly and well. Yet sometimes shady business deals are at fault for surgeries gone wrong, and doctors are helpless to remedy them....
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  • Newland & Newland LLP, Attorneys, Arlington Heights, IL