As previously reported, the FDA and federal law enforcement authorities are becoming increasingly concerned with the sale of counterfeit drugs over the Internet and at pharmacies in Mexican border towns.
Although the operators of several Internet (and mail-order) operations have been arrested recently
and charged with illegal drug sales through online pharmacies, the authorities have been frustrated by the fact that new websites are up and running almost immediately.
The Mexican problem is also becoming quite serious since counterfeit versions of drugs like Lipitor, Viagra, and Evista, which can be quite dangerous, are readily available in border towns like Juarez, Los Algodones, Nogales, and Tijuana. The FDA has been working with Mexican authorities to address this problem throughout Mexico and, as a result, 19 pharmacies have been suspended and over 105 tons of medicines have been confiscated.
Counterfeiting is known to be taking place in China and Russia.
Now, five heart patients in Hamilton, Ontario, Canada may have died after taking fake medication dispensed from the same pharmacy. The drug in question, Norvasc, is used to treat unstable angina and high blood pressure.
An investigation prompted by a local woman who was suspicious of an oddly colored pill in her supply of Norvasc. The pill turned out to be made of talcum powder.
FDA NOTIFIES PUBLIC OF NATIONWIDE RECALL OF ENCLOSED BED SYSTEMS FROM VAIL PRODUCTS INC. FOR ASPHYXIATION RISK
On Friday, the FDA issued a public notification that Vail Products, Inc., Toledo, Ohio, has initiated a nationwide recall of approximately 5,000 "enclosed" bed systems. The enclosed bed systems have been found to cause patient entrapments, resulting in severe neurological damage or death due to asphyxiation.
Under the terms of the recall, the company has sent new instruction manuals and warning labels to every customer informing them of FDA’s advice to stop using the bed system, move patients to alternative beds systems if possible and consult with their physician.
If, no other bed systems are available, users are advised to follow the safety precautions contained in the new instruction manuals and warning labels to help minimize risk of injury (also available on FDA’s website, see below.)
The FDA notification states: “Vail enclosed bed systems are canopy-like padded beds covered with nylon netting that is zipped into place to enclose the patient. They are used for at-risk patients with cognitive impairment, unpredictable behavior, spasms, seizures, and other disorders. The beds are an alternative to physical or drug restraint to reduce falls or other injury to patients.
The bed systems pose a hazard in that patients can become entrapped between the side-rail and the mattress or between the canopy and mattress. Due to the presence of the canopy, if their head is entrapped, the patient may experience asphyxiation, which can result in permanent neurological injury or death. FDA is aware of approximately 30 entrapments, of which at least 8 resulted in death.”
"FDA is making every effort to make sure that patients and healthcare providers are aware of this problem and are given the information needed to help minimize risk," said Dr. Daniel Schultz, Director of FDA’s Center for Devices and Radiological Health.
The FDA first issued a Public Health Notification on March 25, 2005 about the potential risk posed by these bed systems. Yesterday it further updated its Public Health Notification (available at http://www.fda.gov/cdrh/safety/032505-vail.html) to reflect the latest information on this problem.
On June 23 and 24, 2005, Vail Products mailed corrected instruction manuals and labeling, including warning labels to all users of its Vail 500, Vail 1000, and Vail 2000 enclosed bed systems.
Vail Products announced on June 16, 2005, that it is permanently ceasing the manufacture, sale, and distribution of all Vail enclosed bed systems. Vail will no longer be available to provide accessories, replacement parts, or retrofit kits.
Users who have not received a copy of the corrected instruction manual may attempt to contact Vail Products at 1-800-235-8245.
The FDA encourages individual users to report any adverse events related to Vail enclosed bed systems to MedWatch, the FDA’s voluntary reporting program at 1-800-FDA-1088; by FAX at 1-800-FDA-0178; by mail to MedWatch, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857-9787; or online at http://www.fda.gov/medwatch/report.htm. Consumers can also report directly to MedWatch.
THE CONSUMER PRODUCT SAFETY COMMISSION (CPSC) AND POLARIS INDUSTRIES ANNOUNCE EXPANDED RECALL OF SELECT MODEL YEAR 2004.5 AND 2005 ATVs FOR FIRE HAZARD
The CPSC and Polaris Industries of Medina, Minnesota, announced the voluntary product safety recall of an additional 45,000 Polaris All Terrain Vehicles made in the United States. Customers should stop using the product immediately.
This expansion of the 15,000 Polaris ATV recall announced on May 3, 2005 includes several additional models, affecting about 45,000 additional units.
The models involved in this expanded recall are: Polaris Model Year 2004.5 Sportsman 500, Model Year 2005 Sportsman 400, Sportsman 500, Sportsman 600, Sportsman 700, Sportsman 6×6, Scrambler 500, Trail Boss and Magnum 330 ATVs.
Some 2004.5 and 2005 Model Year Sportsman, Scrambler 500 ATVs, Trail Boss and Magnum 330 ATVs were assembled with possibly defective Electronic Control Modules (ECM) which may fail and overheat. If this were to occur, excessive heat could cause a fire, possibly resulting in serious injury or death.
Polaris has received 68 reports of the ECM overheating. No injuries have been reported.
Only select model year Polaris ATVs are part of this recall. The Sportsman ATV model and serial number identification decal is located on the front side of the front radiator covering. The Scrambler 500 ATV model and serial number identification decal is located on top of the front cab cover.
The Vehicle Identification Number (VIN), or serial number is also permanently stamped into the left frame rail behind the left front wheel of all Polaris ATVs. Affected units can be verified by comparing the last six digits of the VIN to the serial number range in bold typed below. NOTE: Not all 2004.5 and 2005 model year vehicles are affected. Please review the affected unit table below.
Models Affected Model Number(s) Serial Number Range
2004.5 SPORTSMAN 500 A04CH50(AO)(AR)(AS) 4XACH50A*4A 347719 – 348073
4XACH50A*4B 407412 – 407876
2005 SPORTSMAN 400 A05MH42(AB)(AG)(AH) 4XAMH42A*5A 343374 – 343413, 353730 – 355129, 360331 – 360780, 373808 – 374327,379785 – 380385, 600801 – 602060, 609261 – 610515
4XAMH42A*5B 411353 – 415199, 418895 – 427514, 430095 – 430634, 675596 – 676621, 679861 – 680700
2005 SPORTSMAN 500 A05MH50(AB)(AC)(AG)(AH)(AL) 4XAMH50A*5A 343334 – 343373, 350342 – 351590, 355130 – 355835, 358431 – 360330,362765 – 365588, 373208 – 373807, 378452 – 380569, 600301 – 600800, 605111 – 606260, 609111 – 609665, 612059 – 612811
4XAMH50A*5B 404297 – 404796, 407877 – 408556, 411833 – 412332, 415200 – 431444, 675381 – 681370
2005 SPORTSMAN 600 A05MH59(AK)(AN) 4XAMH59A*5A 343286 – 343333, 349790 – 350341, 365589 – 366670, 372908 – 377872
2005 SPORTSMAN 700 A05MH68(AK)(AN)(AP) 4XAMH68A*5A 342736 – 343285, 349130 – 356390, 360781 – 377252, 604711 – 605110
(non -military application) A05MH68(CA) 4XAMH68C*5A 353612 – 353618
4XAMH68C*5P 461037, 461039
2005 Sportsman 6X6 A05CL50(AA) 4XACL50A*54 549671 – 558303, 796545 – 799527
2005 SCRAMBLER 500 A05BG50(AA) 4XABG50A*52 523011 – 523889, 527617 – 528865, 529468
4XABG50A*54 554662 – 558475, 796577 – 799530
2005 Trail Boss 330 A05CA32(AA) 4XACA32A*5B 410751 – 413970
4XACA32A*52 532233 – 541659, 751061 – 757439
4XACA32A*54 550569 – 558765
A05CA32(AB) 4XACA32A*54 551800 – 553997
2005 Magnum 330 2X4 A05CB32(AA) 4XACB32A*52 527107 – 529313, 537673 – 542424, 752671 – 753030
4XACB32A*5B 405797 – 405846, 408757 – 409346, 413971 – 414270, 675331 – 679450
2005 Magnum 330 4X4 A05CD32(AA)(AB)(AC) 4XACD32A*52 521885 – 522981, 528132 – 529815, 532671 – 541374
4XACD32A*5B 405847 – 405896, 409347 – 410750, 414271 – 414534, 431445 – 431756, 675001 – 679051
The ATVs were sold at Polaris dealers nationwide from August 2004 through February 2005 for between $3,799 and $7,699.
Affected customers should contact Polaris for a free repair. Contact your Polaris ATV dealer to schedule an appointment for ECM replacement. Polaris has notified registered affected consumers directly about this recall.
For additional information contact Polaris at (800) 765-2747 between 8 a.m. and 12 midnight ET everyday, or log on to the company’s Web site at www.polarisindustries.com.
THE NEWS KEEPS GETTING WORSE FOR GUIDANT AS IT ANNOUNCES AN ADDITIONAL 46,000 DEFIBRILLATORS HAVE POTENTIALLY SERIOUS ELECTRICAL DEFECTS
On May 24, Guidant disclosed it had waited three years before disclosing it had been aware of an electrical problem that had caused some 28 of 28,900 Ventak Prizm 2 DR defibrillators to malfunction. One death that of a 21-year-old college student, was associated with this model.
As the story developed, the number of potentially defective defibrillators still in use reached almost 50,000; the 28,900 with the electrical problem and another 21,000 which could malfunction due to a computer memory error (the Vertak Prizm AVT, Vitality AVT, Renewal 3 AVT, and Renewal 4 AVT ICD). There had been 2 reports of failures associated with these other models. Neither report involved injury or death.
Then, a third problem came to light with respect to another potential short-circuit risk associated with the Contak Renewal (Model H135) and the Comtak Renewal 2 (Model H155). Out of those 16,000 devices, 15 reports of failures had been received including one involving a death on May 30. As a result, Guidant issued recalls for all of these devices on June 18.
Many experts openly questioned a monitoring system which essentially leaves the question of disclosure, with respect to potential flaws in such critical medical devices, entirely to the manufacturer. As a result, the Heart Rhythm Society will prepare a set of guidelines with respect to physician alerts and other actions that should be taken by defibrillator makers when they identify a pattern of malfunctions in the devices even if those failures are rare. The Society represents a branch of cardiology known as electrophysiology and is made up of cardiologists who specialize in implanting defibrillators.
Now, less than a week after the major recall, Guidant announced five more of its defibrillator models had a potential electrical defect (faulty switch) that could cause a malfunction. Those models are the Contak Renewal 3 and 4, Renewal 3 and 4 AVT, and Renewal RF.
Guidant has advised doctors to stop implanting these devices until further notice. Currently, however, some 46,000 of them are already in use. Guidant acknowledged the FDA may classify this advisory as a recall. Although no deaths have been reported, as many as five devices have malfunctioned.
The FDA Advisory encourages patients with these defibrillators to discuss the matter with their doctor. Any adverse events or problems should be reported to the FDA at www.FDA.gov/medwatch/ or 1-800-FDA-1088. Additional information about this potential issue is available for physicians and patients at 1-866-GUIDANT (1-866-484-3268) (24/7) and http://www.guidant.com/physician_communications/RENEWAL3_RENEWAL4.pdf.
FDA NOTIFIES PUBLIC OF NATIONWIDE RECALL OF ENCLOSED BED SYSTEMS FROM VAIL PRODUCTS INC. FOR ASPHYXIATION RISK
On Friday, the FDA issued a public notification that Vail Products, Inc., Toledo, Ohio, has initiated a nationwide recall of approximately 5,000 "enclosed" bed systems. The enclosed bed systems have been found to cause patient entrapments, resulting in severe neurological damage or death due to asphyxiation.
Under the terms of the recall, the company has sent new instruction manuals and warning labels to every customer informing them of FDA’s advice to stop using the bed system, move patients to alternative beds systems if possible and consult with their physician.
If, no other bed systems are available, users are advised to follow the safety precautions contained in the new instruction manuals and warning labels to help minimize risk of injury (also available on FDA’s website, see below.)
The FDA notification states: “Vail enclosed bed systems are canopy-like padded beds covered with nylon netting that is zipped into place to enclose the patient. They are used for at-risk patients with cognitive impairment, unpredictable behavior, spasms, seizures, and other disorders. The beds are an alternative to physical or drug restraint to reduce falls or other injury to patients.
The bed systems pose a hazard in that patients can become entrapped between the side-rail and the mattress or between the canopy and mattress. Due to the presence of the canopy, if their head is entrapped, the patient may experience asphyxiation, which can result in permanent neurological injury or death. FDA is aware of approximately 30 entrapments, of which at least 8 resulted in death.”
"FDA is making every effort to make sure that patients and healthcare providers are aware of this problem and are given the information needed to help minimize risk," said Dr. Daniel Schultz, Director of FDA’s Center for Devices and Radiological Health.
The FDA first issued a Public Health Notification on March 25, 2005 about the potential risk posed by these bed systems. Yesterday it further updated its Public Health Notification (available at http://www.fda.gov/cdrh/safety/032505-vail.html) to reflect the latest information on this problem.
On June 23 and 24, 2005, Vail Products mailed corrected instruction manuals and labeling, including warning labels to all users of its Vail 500, Vail 1000, and Vail 2000 enclosed bed systems.
Vail Products announced on June 16, 2005, that it is permanently ceasing the manufacture, sale, and distribution of all Vail enclosed bed systems. Vail will no longer be available to provide accessories, replacement parts, or retrofit kits.
Users who have not received a copy of the corrected instruction manual may attempt to contact Vail Products at 1-800-235-8245.
The FDA encourages individual users to report any adverse events related to Vail enclosed bed systems to MedWatch, the FDA’s voluntary reporting program at 1-800-FDA-1088; by FAX at 1-800-FDA-0178; by mail to MedWatch, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857-9787; or online at http://www.fda.gov/medwatch/report.htm. Consumers can also report directly to MedWatch.
STUDY INDICATES PLANT COMPOUND AND TWO CHEMICALS COULD SERIOUSLY AFFECT FERTILIZATION PROCESS
A study conducted at King’s College London under the leadership of Professor Lynn Fraser, has found that a number of substances may have a seriously negative effect on the human fertilization process.
The presentation to a meeting of the European Society of Human Reproduction and Embryology in Copenhagen showed that a chemical known as genistein causes human sperm to “burn out” before having a chance to penetrate the wall of the egg and initiate fertilization.
Genistein is found in soya, tofu, and legumes. Professor Fraser, an expert in reproductive biology, suggests women who are ovulating should avoid or seriously limit their intake of these foods in order not to expose sperm to the compound.
In related research, two other estrogen-like chemicals were identified as having a similar debilitating effect on sperm. They are 8-prenylnaringenin, found in hops and beer, and nonylphenol, which is contained in industrial products such as paints, pesticides, and cleaning agents.
Genistein and the chemicals with similar effects cause the cap on the head of a sperm (acrosome) to rupture prematurely. This releases the enzymes needed to drill through the egg wall much too soon thereby preventing fertilization. Thus, while the sperm is still alive and moving actively, it has lost its ability to fertilize the egg.
Although Professor Fraser and other experts describe the results of the study as surprising and troubling, they also point out that Asian societies with traditionally soy-rich diets show no signs of reduced fertility and effects on sperm in the lab are often quite different than what may happen in real life.
FDA ADVISORY PANEL VOTES AGAINST RECOMMENDING ìHUMANITARIAN DEVICE EXEMPTIONî FOR FIRST COMPLETELY IMPLANTED ARTIFICIAL HEART
As we reported on June 19, an FDA advisory panel was scheduled to hold a hearing yesterday to decide whether a “humanitarian device exemption” should be granted with respect to a fully implantable artificial heart called the AbioCor.
Following that hearing, the panel refused to endorse the application by a slim 7-6-1 vote. Two votes to approve the device failed by one vote as did a vote to reject the device. Since 2000, only 23 such exemptions have been granted.
In limited trial implantations, the device had extended the average life expectancy in fourteen men with severe heart failure from less than 30 days to an average of 5.3 months.
In the AbioCor, Abiomed Inc. of Danvers, Massachusetts, has succeeded in creating a design that allows this artificial heart to operate without the need for an internal wire to be connected to an external air pumping console. That older technology significantly limited a patient’s activity and posed a risk of infection.
One 70-year-old recipient, Tom Christerson, lived for 17 months after having the AbioCor implanted in September 2001. Although he had been given less than a month to live, he was able to resume and enjoy many normal activities for almost a year and a half.
The “humanitarian device exemption” would have allowed the device, which had not yet gone through final large scale trials, to be marketed if it could be used beneficially by 4,000 or fewer people per year.
The AbioCor is a 2-pound titanium and plastic device that is implanted in the space left when most of the patient’s cardiac muscle is surgically removed. It is powered by internal and external batteries.
The main use for the AbioCor was seen as a permanent replacement for patients with severe heart failure. Temporary use by patients waiting for extended periods of time for heart transplant surgery was also a possibility.
The AbioCor was seen as a device that would prolong a patient’s life for about 20-months. The next generation AbioCor II was anticipated to extend that figure to about five years.
Abiomed saw the device as the only alternative for desperately ill end-stage heart failure patients for whom heart transplantation is not an option due to a shortage of donor hearts or because of medical conditions which disqualify the recipient.
Although other similar devices are in development, advances have been slow due to technological limitations, adverse blood interactions, and the risk of bleeding, strokes, and blood clotting. AbioCor recipients suffered these side effects as well as two cases where the device itself failed. Mr. Cristerson was one of the volunteers whose AbioCor failed. He declined a second implantation.
According to the Associated Press, in debating the special exemption, the FDA’s chief reviewer (Julie Swain) questioned whether the device was really “prolonging life” as opposed to “prolonging death.” Another panelist (Dr. John C. Somberg), however, saw the device as providing a benefit to “some patients facing near death.
The panel also considered the fact that six of the recipients were never able to leave the hospital and one lived for 53 days without regaining consciousness. In addition, about 75% of the recipients suffered multiple debilitating strokes following implantation surgery.
In the end, the vote was a technical one as to whether the device met the agency’s definition of a humanitarian device, namely, one whose probable benefits outweigh its potential risks. The panel determined it did not meet that threshold. The $250,000 price tag was also a negative factor.
This was probably because the maker failed to offer enough objective proof of improved quality of life with the device. Although some family members of volunteers told the committee that the device allowed them to spend more quality time with their loved ones, several of the recipients remained debilitated and even noncommunicative after surgery.
Nonetheless, some panelists supported the application under the theory that, to a terminally ill patient, some hope of survival is better than no hope at all. Thus, even the high risk of stroke and other serious complications was worth the prospect of extending the life of someone with no other chance of survival.
Although the CEO of Abiomed (Dr. Michael Minogue) expressed the company’s disappointment at the vote, he has not given up hope of approval. Abiomed intends to enter discussions with the FDA to see if enough data can be provided to support an application to approve the device.
A BITTERLY DIVIDED SUPREME COURT VOTES TO BROADEN THE DEFINITION OF ìEMINENT DOMAINî TO COVER CASES OF PURE ECONOMIC DEVELOPMENT BY PRIVATE ENTERPRISE AND LEAVES MANY LEGAL EXPERTS SHAKING THEIR HEADS
The government (federal, state, or local) has always had the power to take private property through the process known as “eminent domain.” While governmental condemnation of privately owned real estate and the buildings, businesses, and homes built on it has never been a favorite of the average landowner, at least the concept behind it made sense.
Eminent domain (at least until yesterday) has always meant that the government may condemn privately owned real estate by showing that the property was going to be put to a “public use.” The affected owners would be given a fair market value for their property and then move out.
Public use of the condemned land had always been understood to mean things like highways, bridges, tunnels, dams, railway lines, train yards, public works projects, wider local roads, and the like.
It was never thought to include waterfront luxury condominium projects, shopping malls, corporate headquarters, sports stadiums, and exclusively private for-profit projects with no governmental connection except for a general promise to either boost economic growth, permit more profitable use of the land, or provide employment to private-sector workers.
Eminent domain could never have been envisioned to mean taking away a three-generation family-owned hardware store, a “mom and pop” furniture store, a 75-year old restaurant, and a row of private homes to build an IKEA mega store and parking lot or condemning an entire neighborhood in order to allow a pharmaceutical company to build a corporate headquarters; or could it?
Then came urban decay, local budget deficits, economically depressed neighborhoods, hardcore unemployment, and various and sundry socio-economic problems associated with everything from the closing down or relocation of dominant employers (like steel mills, automobile assembly plants, and textile mills) to the loss of a professional sports franchise.
The need for jobs, redevelopment of significant areas of vacant commercial and residential property, and the replenishment of local treasuries led politicians as well as enterprising real estate developers and Fortune 500 companies to consider a whole new approach to eminent domain.
Why not simply condemn private property that isn’t producing new jobs, extraordinary tax revenue, or an aesthetically pleasing view, force the occupants out for bargain-basement prices, bulldoze homes and businesses with lifetimes of memories, and then put the land into other private hands which just happen to be filled with the cash or promises of economic revitalization
the city or town desperately needs?
As long as you’re going that far, why not just take peoples’ homes and businesses even if the property they’re on isn’t blighted and the success of the new, but oh so attractive, project is not guaranteed?
This is precisely what is happening around the country in a number of states. As a result, the soon-to-be-displaced middle-class home and business owners mounted legal challenges to what they viewed as overreaching on the part of local government and pandering to the rich and powerful.
Although several cases are pending, one from New London, Connecticut was the first to be selected for review by the Supreme Court. That case involves seven homeowners who refuse to sell their 15 combined lots to the New London to make way for a riverfront hotel, health club, and offices as part of a local revitalization project.
In a bitterly divided 5-4 decision, the Supreme Court majority decided that the rather innovative use of the eminent domain concept had really been there all along. The three other Justices accounted for in the majority opinion by Justice Stevens were Justices Souter, Ginsburg, and Breyer.
In that opinion, Justice Stevens wrote that: “There is no basis for exempting economic development from our traditionally broad understanding of public purpose.” This is because; “Promoting economic development is a traditional and long accepted function of government.”
Although Justice Kennedy provided the deciding fifth vote by agreeing in the result reached by Stevens, Souter, Ginsburg, and Breyer, he filed a separate concurring opinion that warned the taking of private property primarily to favor private entities “with only incidental or pretextual public benefits” is not authorized under the Constitution.
The main dissenting opinion was written by Justice O’Connor who saw this as a dark day indeed for the property rights of the average American citizen. The other dissenting Justices were Scalia, Thomas, and Chief Justice Rehnquist.
Justice O’Connor stated that: “Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded.” She also wrote that: “The specter of condemnation hangs over all property.” As a result; “Nothing is to prevent the state from replacing any Motel 6 with a Ritz Carlton, any home with a shopping mall, or any farm with a factory.”
While local government officials in the municipalities involved feel vindicated by the decision, the affected residents and business owners are collectively outraged and distraught. Many legal analysts are likewise shocked by the reach of the majority ruling.
Currently, eight states prohibit the use of eminent domain for purely economic development purposes except to eliminate blight. The remainder is divided between states that permit this type of taking and those that have yet to weigh in on the issue. Yesterday’s surprising decision is sure to prompt many states to reconsider their position on the matter.
CONSUMER PRODUCT SAFETY COMMISSION (CPSC) and AMERICAN PROMOTIONAL EVENTS INC. ANNOUNCE RECALL OF 9,000 UNITS OF CONSUMER FIREWORKS
The CPSC, in cooperation with American Promotional Events Inc. of Florence, Alabama, have announced a voluntary recall of 9,000 units of Bat Out of Hell and Powder House fireworks manufactured in China. Consumers should stop using recalled products immediately.
Although no incidents or injuries have been reported, these fireworks devices could unexpectedly tip over during use, posing a serious injury hazard to consumers.
The recall involves Bat Out of Hell fireworks with model number CP1129 and Powder House fireworks with model number CP1130. The model number is printed on all four sides of the device above the warning label. These are 1.4g consumer fireworks devices that consist of 16 multiple shots in the shape of a square cube. The name of the product is printed on the packaging, along with the word “TNT.”
The recalled fireworks were sold at fireworks retailers in states permitting the sale of consumer fireworks, from May 2005 through June 2005 for about $20.
Consumers are instructed to return the recalled fireworks to the store where purchased for a full refund or contact American Promotional Events for instructions.
For additional information contact American Promotional Events at (800) 243-1189 between 8 a.m. and 5 p.m. CT Monday through Friday, or visit the firm’s Web site at www.TNTFireworks.com
IN THE WAKE OF DEFIBRILLATOR RECALL, CARDIOLOGISTSí GROUP TO PREPARE GUIDELINES FOR MANUFACTURERS TO FOLLOW WHEN PATTERN OF MALFUNCTIONS IS DISCOVERED
The sudden recall of almost 50,000 implanted defibrillators manufactured by Guidant Corp. on June 17 has many experts questioning a monitoring system which essentially leaves the matter of disclosure, with respect to potential flaws in such critical medical devices, entirely to the manufacturer.
The current system is seen as problematic for a number of reasons. First, the ultimate decision may be based not only on patient safety issues but, also, on extraneous considerations such as potential legal liability and loss of market share to competitors. Second, the FDA does not collect comprehensive data on these devices after they are approved. Finally, hospitals and doctors do not notify the FDA about all device-related problems. Reporting of such incidents is spotty at best.
As a result, the Heart Rhythm Society will prepare a set of guidelines with respect to physician alerts and other actions that should be taken by defibrillator makers when they identify a pattern of malfunctions in the devices even if those failures are rare. The Society represents a branch of cardiology known as electrophysiology and is made up of cardiologists who specialize in implanting defibrillators.
In hindsight, there is no doubt that, while Guidant Corporation maintained its internal heart defibrillator (the Ventak Prizm 2 DR) was safe and extremely reliable, it was fully aware of an electrical problem in some 29,000 of those devices which could cause them to short-circuit when needed.
On May 24, Guidant disclosed for the first time that it had waited three years before disclosing it had been aware of the electrical problem that had caused some 28 of these defibrillators to malfunction.
As the story developed, the number of potentially defective defibrillators still in use reached almost 50,000; the 28,900 with the electrical problem and another 21,000 which could malfunction due to a computer memory error (the Vertak Prizm AVT, Vitality AVT, Renewal 3 AVT, and Renewal 4 AVT ICD). There had been 2 reports of failures associated with these other models. Neither report involved injury or death.
A third problem came to light with respect to another potential short-circuit risk associated with the Contak Renewal (Model H135) and the Comtak Renewal 2 (Model H155). Out of those 16,000 devices, 15 reports of failures had been received including one involving a death on May 30.
In issuing the recall, Guidant stated the Ventak Prizm 2 DR should be monitored and will be replaced if necessary by Guidant at no charge. For the models with potential memory errors, Guidant is recommending an in office programming change that can reduce the risk until Guidant is able to design a software solution. The remaining devices should be monitored at three-month intervals and undergo a complete trouble-shooting procedure if a yellow warning screen appears on the programmer.
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Poligrip Lawsuit
Super Poligrip or Fixodent May Cause Nerve Damage. 800-LAW-INFO
Poligrip-Lawsuit.com
Fixodent Lawsuit
Fixodent or Super Poligrip May Cause Nerve Damage. 800-LAW-INFO
Fixodent-Lawsuit.COM
Numbness Arms Legs- Tingling Dentures- Muscle Weakness?
Do you have these symptoms and use denture cream? You may have serious side effects? Get the facts!
denturecream lawyer.com
Denture Cream Neuropathy
Super Poligrip or Fixodent May Cause Nerve Damage. 800-LAW-INFO
Neuropathy-dental-Cream.COM
Chinese Drywall Misery
It's estimated that more than 500 million pounds of possibly deficient Chinese drywall entered America between 2004 and 2008. An Associated Press statement said that was enough material to build about 100,000 homes. If you or a loved onehas been experiencing problems with corroding metals, foul odors, or sinus and respiratory ailments, your home may have been built with Chinese drywall. Get the facts!
Americas-Watchdog.com
Chinese Drywall May Cause Severe Health Issues
If your home was built during the housing boom, and you have been experiencing problems with corroding metals, foul odors, or sinus and respiratory ailments, your home may have been built with Chinese drywall. This may be causing severe health issues for you and your family. Get the facts!
chinese-drywall-may-cause-severe-health-issues.com
Chinese Drywall Info
If your home was built during the housing boom, and you have been experiencing problems with corroding metals, foul odors, or sinus and respiratory ailments, your home may have been built with Chinese drywall. Get the facts!
IMPORTANT PUBLIC ANNOUNCEMENT CHINESE DRYWALL LITIGATION UPDATE
7/23/09 Hyatt Regency FL
chinese-drywall-maybe-radioactive.com
Yaz May Cause Strokes
Yaz has been linked to strokes and other serious side effects, including blood clots and heart attacks. Very often, the strokes, blood clots, heart attacks, and other side effects suffered by Yaz users are life threatening. Get the facts!
yaz-may-cause-strokes.com
Yasmin Side Effects
Yazmin may cause life-threatening blood clots, heart attacks, and strokes. Get the facts!
yasmin-side-effects-lawyer.com
Drug Injury Search
CHECK RIGHT NOW TO SEE IF THE MEDICATION YOU ARE TAKING IS SAFE!
www.drug-injury-search.com
Zicam Small Loss
Has a Zicam nasal cold remedy robbed you of your sense of smell, and possibly the ability to taste? The FDA has issued a warning for Zicam. Get the facts!
www.zicam-smell-loss-lawyer.com
Yaz Side Effects
Yaz birth control pills may cause strokes, heart attacks and/or life-threatening blood clots. Get the facts!
yaz-side-effects-lawyer.com
Gadolinium MRI Contrast
NSF & NFD From MRI or MRA? Call Our Attorneys Today
www.Gadolinium-mri.com
Injured In Florida?
If you've been injured in a car accident, truck accident, pedestrian knockdown, on the job, or due to malpractice or negligence (slip and fall, dog bite) or any type of personal injury, we can help you,! Contact us today!
www.florida-personal-injury-law-firm.com
Whistle Blower
Stand up and say what you think is right. See something, say something.
whistlebloweradvisor.com
VA Mortgage Refinance
VETERANS! Now is the perfect time to refinance into a lower-cost loan. Get started right now!
www.va-mortgages-refinanced.com

