Class Action Lawsuit over Premature Failure, Defects, and Formaldehyde in Lumber Liquidators Flooring
In a class action lawsuit filed in U.S. District Court in Northern California, consumers allege that their Lumber Liquidators flooring is defective and may crack, split, warp, and shrink sooner than claimed in the product’s warranty. They also allege that Lumber Liquidators flooring contains significantly high levels of the carcinogen formaldehyde.
One of the named plaintiffs, a West Virginia homeowner, had 517 square feet of flooring from Lumber Liquidators installed in her living room dining room and two hallways. According to the legal complaint, she purchased the product after reviewing samples at the store and being told by a Lumber Liquidators manager that the flooring was durable, the best product available, and sold with 30-year warranty. But within a few weeks of installation, the homeowner noticed the flooring was delaminating, warping, splitting, shrinking, scratching and deteriorating in various places. The installer made four attempts to repair the floors but Lumber Liquidators would not replace the flooring. Continue reading
A recent decision by the Supreme Court is expected to stop several insurers from attempting to cite the legal notion of subrogation, which is when insurance companies seek reimbursement for benefits paid for the insured.
Last July, the U.S. Court of Appeals for the Second Circuit ruled that New York’s anti-subrogation law is not preempted by the Employee Retirement Income Security Act (ERISA). The court ruled that the law, which prevents private health insurers from seeking reimbursement for medical benefits paid out of a tort settlement, is applicable to health insurers providing ERISA coverage. The litigation stems from a class action lawsuit originally filed in New York State Supreme Court. The case was moved to federal court when the District Court granted the defendants’ motion to dismiss for failure to state a claim based on ERISA preemption. The case was remanded to the District Court on appeal by the Court of Appeals for the Second Circuit; the court found that the plaintiffs’ claims were not subject to complete ERISA preemption. Continue reading
Consumers should think twice before purchasing weight loss supplements, particularly Oxy Elite Pro, the U.S. Food and Drug Administration (FDA) warned on Friday. According to Youth Health, a sample of Oxy Elite Pro shipped from a different country was found to have fluoxetine.
Oxy Elite Pro, like many weight loss supplements, is a type of thermogenic. This means that it tries to boost the body’s metabolism and burn fat by increasing the body’s internal heat. Continue reading
The Food and Drug Administration (FDA) has warned cosmetic giant L’Oréal, for the second time in three years, about improper marketing of skin care products.
Cosmetic products are not subject to the same scrutiny and regulation as drugs, but cosmetics are limited in the types of claims they can make to consumers, according to Regulatory Focus (from Regulatory Affairs Professionals Society). Federal law describes cosmetics as products “intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body … for cleansing, beautifying, promoting attractiveness or altering the appearance.” Cosmetics are not intended to heal, cure or otherwise affect the body’s structure or function. But if a product is marketed for a therapeutic use, such as treating or preventing disease, it is a drug under the law. Continue reading
A two-car crash involving the SUV of a Long Island fire chief in Hauppauge leaves three people injured. According to Associated Press, a car headed south on Route 111 hit an SUV belonging to the Stony Brook Fire Department chief. Parts of Routes 111 and 347 were subsequently closed. The car was driven by a man with one passenger, who suffered serious injuries and was taken to the hospital. The driver did not have any life-threatening injuries. Continue reading
In light of a recent outbreak linked to contaminated duodenoscopes, the U.S. Food and Drug Administration (FDA) is questioning manufacturers about their methods for cleaning the devices, the New York Times reports. The specialized scopes, which have been linked to several outbreaks in recent years, most recently infected seven patients with drug-resistant bacteria at Ronald Reagan UCLA Medical Center.
A duodenoscope is a long, flexible tube with a tiny camera attached at the end. It is inserted through the throat to help diagnose gastrointestinal tract disorders. According to NYT, these devices have been linked to serious infections at several other hospitals. In 2013, 39 patients at Advocate Lutheran General Hospital in Chicago were infected with carbapenem-resistant Enterobacteriaceae (CRE) after undergoing procedures with duodenoscopes. This is the same bacteria that caused recent infections in Los Angles. In January, Virginia Mason Hospital in Seattle said that from November 2012 to early 2014, 32 patients were infected with CRE through the scopes. Eleven of these patients ultimately died, but it is unknown whether the infections were to blame because they were already critically ill. Continue reading
HeartWare International is issuing a voluntary Urgent Medical Device Recall in the United States related to older HeartWare Ventricular Assist System controllers distributed in the U.S. during the clinical trial period prior to Food and Drug Administration (FDA) approval in 2012.
The company has written to clinicians and patients to inform them that the affected clinical trial controllers are more susceptible to electrostatic discharge (ESD) than newer, commercial controllers. An ESD event could result in the pump stopping, which could cause serious injury or death, according to HeartWare’s news release. HeartWare has improved the design of newer controllers to improve immunity to ESD. The recall does not affect the newer controllers. Continue reading
Lenovo users may be getting more than they bargained for with their new laptops. Mashable reports that some Lenovo products come preinstalled with adware called Superfish, which breaks secure website connections and makes sensitive user information vulnerable to security threats.
Superfish breaks HTTPS, which is meant to provide a secure connection over the internet, in order to better scout for ads. The adware also looks at user data on connections that would not normally be visible. Mashable reports that according to experts, Superfish disrupts encrypted connections in a way that leaves users vulnerable to more malicious hackers; sensitive data, such as banking information, can potentially be stolen. Continue reading
A Philadelphia jury hit a Johnson & Johnson unit with $2.5 million in damages in a case accusing the drug maker of failing the parents and doctors of an autistic boy about risks associated with the antipsychotic drug Risperdal.
During the trial in the Philadelphia County Court of Common Pleas, the jury heard testimony that Janssen Pharmaceuticals Inc. had worked for years to hide evidence that the drug was linked to abnormal growth of female breast tissue — gynecomastia — in adolescent boys, Law360 reports. The lawsuit was filed in 2012 by the family of a boy who grew large breasts after taking Risperdal for nearly five years, beginning in 2002, when he was seven. Continue reading