South Carolina Lawyer Blog

A Pickens County nursing home is back in the news again – and not in a good way.

Thirty-six elderly patients at Majesty Health and Rehab in Easley were forced from their rooms in the middle of the night because of a gas leak.

Each year there are more than 20,000 complaints of elder care abuse in South Carolina retirement homes.

Individuals who are injured as a result of South Carolina nursing home negligence – and surviving family members if they are killed – may have a right to bring a lawsuit seeking financial compensation.

Following is a news report on the gas leak evacuation:

The Easley fire chief said the department responded to the Majesty Health and Rehab on Ann Drive after someone smelled gas.

News 4 was told that 36 patients were evacuated to another part of the building, but they did not have to go outside.

The chief said firefighters found a couple of leaks in the kitchen, and at that point, the gas was cut off and the area was ventilated.

The nursing home called a private contractor to test all the lines and make necessary repairs, according to the chief.

Last summer, Majesty Health and Rehab made headlines after an 84-year-old woman died when the facility’s air conditioning system broke down.

The state Department of Health and Environmental Control investigated and found “substandard quality of care and/or immediate jeopardy.” The cause of death was over-medication and overheating. DHEC cited Majesty Health and Rehab for “failure of facility to take action to ensure residents were provided a comfortable and safe environment.”

The victim’s family has hired an attorney and is in the process of filing a South Carolina nursing home negligence lawsuit against Majesty Health and Rehab.

People who have a loved one in a nursing or retirement home should be alert for signs of potential nursing home abuse, including sudden swings in patient health, complaints from other patients of mistreatment, emotional agitation, or a refusal of staff to allow you to be alone with your loved one.

Source: WYFF-TV News 4 Greenville http://www.wyff4.com/news/local-news/oconee-pickens-news/Gas-leak-forces-nursing-home-evacuation/-/9654906/17668562/-/13okbss/-/index.html#ixzz2EHOZJnQt

The U.S. Food and Drug Administration has continued receiving reports of injuries from the supplement Reumofan Plus and Reumofan Plus Premium since it issued a warning about the product in June. The FDA said it has heard reports of serious internal bleeding, stroke, insomnia, dizziness, problems with blood sugar levels, harm to the liver and kidneys, and even some deaths among users of the so-called “natural” supplement.

The supplement is sold as a remedy for arthritis, muscle pain, bone cancer and osteoporosis, a disease that causes bone to weaken. According to the FDA, the supplement contains substances not shown on the product labels that should be used only under in a doctor’s care.

Experts warn that some of the substances in the flagged Reumofan can also cause serious problems if a user suddenly stops taking the product. In fact, the FDA says that some consumers may experience “withdrawal syndrome” — a potentially life-threatening illness that can strike people who suddenly stop taking some drugs and medicines. For this reason, the FDA recommends that users of Reumofan Plus or Reumofan Plus Premium seek medical care as soon as possible, especially before they stop taking the pills.

The updated recall warning about Reumofan Plus and Reumofan Plus Premium says the pills are made in Mexico for a company called Riger Naturals. They were sold widely on the Internet, some stores and even flea markets. After the updated recall notice, some companies issued recalls or warnings about their Reumofan Plus products.

Consumers Should Be Cautious about Supplements

Some experts have warned of a growing problem with so-called “natural” supplements and health products, which often don’t have to undergo testing or safety trials before being marketed to the public. To help consumers make better choices before buying or taking natural supplements, the FDA recommends that people look for a few potential warning signs.

Daniel Fabricant, director of FDA’s Division of Dietary Supplement Programs, says that people should think twice before buying “natural” supplements that seem to act similarly to prescription drugs. He also says that people should be careful when purchasing drugs with label information in a foreign language. Reumofan Plus and Reumofan Plus Premium, for example, are labeled in Spanish. However, the FDA warns, versions of the drugs with labels in English may also exist.

Experts working for the FDA say that it is especially important for people to be aware of the potential dangers that many “natural” supplements may pose to avoid harming themselves or loved ones.

Contact a South Carolina Defective Product Attorney

If you or someone you care about has been injured by a defective product, you have the right to ask the manufacturer for money to cover your medical bills, property damage, pain and suffering and any permanent disability or loss. To protect that right, you should speak with the experienced South Carolina product injuries attorneys at the Louthian Law Firm as soon as possible.

We have more than 50 years of experience helping injured South Carolinians seek justice, and we’re committed to ensuring that you get the best legal representation possible. For a free consultation, call us toll free at 888-926-0060 or locally at 803-454-1200, or fill out our confidential online case evaluation form.

Stryker Orthopedics recently announced a recall for two of its hip replacement products, sold under the names Rejuvenate Modular and ABG II. Both Stryker’s Rejuvenate and ABG II models used so-called ‘modular neck’ technology, and the company says that the products are being recalled because of possible risks linked to the modular-neck stems.

Stryker announced its Rejuvenate and ABG II recalls in the midst of a growing amount of concern among researchers, doctors and patients about the safety of hip replacement technology. At the end of June, the U.S. Food and Drug Administration (FDA) gathered experts and doctors for a panel focused on the safety and use of hip replacement technology.

The FDA panel mostly looked at the safety of so-called metal-on-metal hip joints, but the experts also looked at the numbers of safety concerns and complaints about other types of hip replacements as well. According to the FDA, they’ve had reports of nearly 40,000 ‘adverse reactions’ from hip joint replacements between 1992 and 2011. These ‘adverse reactions’ can include a whole range of health problems, injuries and other negative impacts that are the result of hip replacement products.

The modular-neck models affected by the Stryker recalls aren’t metal-on-metal joints, but they do have metal parts. This means that Stryker’s Rejuvenate Modular and ABG II joints may be vulnerable to kinds of wear and tear that also affect metal-on-metal joints, as a recent article from Orthopedics This Week explains. One of the biggest concerns is the risk of ‘fretting’ and corrosion problems with the modular neck, which can release very tiny metal particles from the artificial joint into the patient’s body. This can lead to pain, swelling and other problems in the hip area, according to Stryker.

The Stryker website has no estimates about the potential number of people these recalls will affect. It also has no figures about the numbers of Rejuvenate Modular or ABG II joints that they’ve sold.

According to the FDA page about the Rejuvenate Modular and ABG II recalls, patients who are concerned that they may have one of the recalled modular neck joints can contact Stryker over the phone or through their website. However, as the Stryker recall website points out, patients who’ve had hip replacement surgery have to check their own medical records to find out if they have one of the affected modular neck models.

Stryker says that it has no way of confirming whether a patient has a recalled hip replacement because of patient privacy rules. Only surgeons can confirm what kind of joint a patient has, if a patient doesn’t already know. It’s also a good idea to contact your surgeon, especially if you or a loved one has trouble understanding medical jargon or you can’t find the information in your own records.

About The Louthian Law Firm
The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at 888-662-9820 or through its online form.

A recent study by the U.S. Consumer Product Safety Commission (CPSC) found that more than half of all serious injuries involving fireworks happen in the 30 days surrounding the July 4th holidays—which means that the danger of serious burns and injuries to children and other family members exists long after the red, white and blue are boxed up and put away.

The study found that most of the injuries happened when people used fireworks improperly or when fireworks lit up or exploded by surprise. Last year, the CPSC heard reports of four people dying because of the use of professional-grade or homemade fireworks. The agency also had reports of nearly 10,000 others with injuries caused by fireworks.

As CPSC Chairman Inez Tenenbaum said, “For thousands of consumers, last year's 4th of July celebration ended with a visit to the emergency room.”

According to the CPSC research, the most common injuries are burns—with over half of all burns affecting the hands and head. The study found that almost 200 people go to the emergency room each day in the month surrounding the 4th of July because of firework injuries or accidents. Many of the most severe injuries are the result of people using illegal or homemade fireworks—which are often very powerful or behave in unpredictable ways. Illegal fireworks aren’t just a danger to the people and families who purchase or light them, since the resulting explosions or misfires can injure neighbors and neighborhood properties.

The CPSC recommends that people think carefully before deciding to purchase personal fireworks. For people who do choose to buy their own fireworks, the CPSC recommends always purchasing from a legally authorized dealer in your own state—regulations about fireworks can change from state to state. For people who choose to buy personal fireworks, safety advocates recommend following these steps to help keep everyone safe:

• Make sure fireworks are legal in your area before buying or using them.


• Don’t allow young children to play with or ignite fireworks, including sparklers. Sparklers burn at temperatures of about 2,000 degrees. This is hot enough to melt some metals.


• Always have an adult closely supervise older children who are allowed to handle fireworks and sparklers.


• Avoid buying fireworks that are packaged in brown paper. This is often a sign fireworks were made for professional displays. They could be dangerous to consumers.


• Never place any part of your body directly over a fireworks device when lighting the fuse.


• Back up to a safe distance immediately after lighting fireworks.


• Keep a bucket of water or a garden hose close by, in case of fire or other mishap.


• Never try to re-light or handle malfunctioning fireworks. Soak them with water and throw them away.


• Never point or throw fireworks at another person.


• Light fireworks one at a time, and move back quickly.


• Never carry fireworks in a pocket or shoot them off in metal or glass containers.


• After fireworks stop burning, put plenty of water from a bucket or hose on the device before throwing it away, in order to prevent a trash fire.

If you or someone you care about has been injured by a defective product in South Carolina, you have the right to ask the manufacturer for money to cover your medical bills, property damage, pain and suffering and any permanent disability or loss. In order to protect that right, you should speak with the product injuries attorneys at the Louthian Law Firm as soon as possible. We help injured South Carolinians seek justice.

For a free consultation, call us today toll free at 888-926-0051 or locally at 803-454-1200. You can also fill out our confidential online case evaluation form.

Chicago-based Kolcraft Enterprises, Inc., has issued a recall for more than 36,000 strollers sold recently in the U.S. and Canada, according to a statement by the U.S. Consumer Product Safety Commission (CPSC).

The recall affects strollers sold as “Contours Options,” both the three- and four-wheeled models. The recall announcement says that the strollers pose a danger to both children and adults for serious injuries to the hands.

According to the CPSC, the company has learned of three children who had fingertips cut off, as well as two adults who had fingers smashed or cut, while using the Kolcraft strollers. The company estimates that about 36,000 strollers in the U.S. will be affected by the recall.

The problem with the Contours Options stroller lies with the adjustable handlebars. According to the recall, the hinge on the handlebar creates an opening as it is locked or unlocked that can catch and injure fingers. The models that pose the risk were sold between January 2006 and June 2012, for $150 to $160. They could have been purchased at a variety of stores in person or online. Retail sellers included Target, Toys”R”Us, and Amazon.com.

The recalled strollers have serial numbers beginning with ZL002, ZL005, ZL008, ZL015 and ZL018. You can find the serial number on your Contours Option stroller by checking for a sticker above the left wheel or for a label sewn onto the back edge of the stroller seat pad.

People who have one of the recalled strollers should stop using the product immediately. They should also contact Kolcraft, either by calling the company or by finding them online. If you know anyone who may own the stroller, you should share the recall information with them. As we’ve mentioned before, many people affected by a recall aren’t aware that they need to take action—and far too often serious injury is the result.

If you or a loved one has suffered an injury because of the Contours Options stroller or another Kolcraft product, you should contact the CPSC as well as Kolcraft. You should also seek medical attention, if you haven’t already.

If you or someone you care about has been injured by a defective product in South Carolina, you have the right to ask the manufacturer for money to cover your medical bills, property damage, pain and suffering and any permanent disability or loss. In order to protect that right, you should speak with the product injuries attorneys at the Louthian Law Firm as soon as possible. We help injured South Carolinians seek justice. For a free consultation, call us today toll free at 888-926-0051 or locally at 803-454-1200. You can also fill out our confidential online case evaluation form.

The U.S. Centers for Disease Control and Prevention (CDC) recently lowered the threshold for acceptable levels of lead in children, which means that kids previously thought to have safe levels of lead in their systems may now actually have lead poisoning.

The change targets the amount of lead in the bloodstream, and shifts the official level required for a diagnosis of lead poisoning in children. Under the new policy, a child with 5 micrograms of lead per deciliter of blood would have lead poisoning. (A deciliter, or 1/10 of a liter, is equal to just over 3 fluid ounces, and a microgram is 1/1000th of a gram.)

The CDC decision drops acceptable levels of lead by half and marks the first change to lead poisoning levels in 20 years. The CDC ruling came after official recommendations from a committee of experts in January.

Some doctors and researchers say this change could lead to many more children, especially those under 5, diagnosed with lead poisoning. One doctor, John Rosen, professor of pediatrics and head of the division of environmental sciences at the Children's Hospital at Montefiore Medical Center in New York City, says that the number of children with lead poisoning could go from the current level of about 250,000 to more than 1 million.

Lead poisoning causes serious problems for brain development in children. Long-term effects of poisoning include learning disabilities, behavioral and attention problems and, in the worst cases, it can cause seizures, coma and death.

Lead used to be a common part of gasoline and household paint. It is no longer present in gas and was banned from use in household paint in 1978. However, child safety experts warn, lead exposure and lead poisoning are far from concerns of the past. Houses built before the lead ban may pose a poisoning danger, particularly since lead has to be removed through a special process carried out by experts.

According to Dr. Rosen, household paint is still the leading source of lead poisoning in children. Other sources of lead may include toys, some kinds of art and craft supplies, old faucets and house pipes. Certain jobs also expose workers to higher amounts of lead, which can then raise contamination levels for their families.

The South Carolina Department of Health and Environmental Control has a helpful page about lead poisoning, with tips about lead poisoning—including a mention of which jobs may increase lead poisoning risks.

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm handles personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online contact form

We’ve written before about recalls and how to keep yourself and your loved ones informed and safe. Now we’ve come across an article in the Chicago Tribune about BMW, which has announced a major recall—nearly 1.3 million vehicles worldwide—because of a defect that could cause vehicles to fail to start and perhaps even catch fire.

The problem seems to be a battery cable cover, which may be incorrectly connected in some vehicles. BMW says they are unaware of any owners who have reported injuries due to the defect, but the maker is still recalling all 5- and 6-series autos built between 2003 and 2010. Owners can take vehicles affected by the recall to a BMW dealer or shop for repairs, free of charge.

BMW isn’t the only manufacturer to recall autos this month. The National Highway Traffic Safety Administration (NHTSA) maintains a current auto recall list that owners may want to check. After a quick look, we found Toyota, Land Rover, Hyundai, Subaru, Volvo, GM and even Porsche among the makers on the list this month. The list is updated daily. Owners may also want to consider signing up for personalized recall notices from the NHTSA, which allows users to choose specific auto makers and models.

Unfortunately, this isn’t the first time BMW has run into trouble with defects—the NHTSA recently fined BMW North America for not reporting 2010 defects and safety issues to the government quickly enough. According to the NHTSA comments about the $3 million fine, BMW issued 16 recalls during 2010. In recent years, studies in effective recalls found that the lack of fast, clear warnings to consumers about safety hazards is one of the biggest obstacles to an effective recall. Hopefully BMW issued the 5- and 6-series recall in time to prevent any injuries or accidents.

At the Louthian Law Firm, we have more than 50 years of experience helping injured South Carolinians seek justice. For a free consultation, call us today at toll free at 888-662-2895 or locally at 803-454-1200. You can also fill out our confidential online case evaluation form.

Deaths related to tobacco have nearly tripled over the past decade, according to a new report led by the World Lung Foundation (WLF) and American Cancer Society.

The report also charges that tobacco companies have tried to interfere with efforts to increase public awareness about the dangers of tobacco products.

According to the report, deaths from tobacco are on the rise in poorer and developing areas—such as China, Africa and the Middle East. Almost 80 percent of tobacco-related deaths are people in such areas. In Turkey, smoking related illnesses are responsible for 38 percent of all male deaths, the WLF reports. In China, tobacco kills 1.2 million people each year, according to the report. That number is estimated to reach 3.5 million by 2030, the report says.

The WLF also says that the top six tobacco makers had profits of $35.1 billion in 2010—equal to the profits of McDonald's, Coca-Cola and Microsoft combined.

According to the World Health Organization (WHO), tobacco industry interference will be the theme of their next “World No Tobacco Day,” which will take place on May 31 of this year. The announcement about World No Tobacco Day calls efforts by the tobacco industry to combat public anti-smoking initiatives “brazen and increasingly aggressive.” The WLF report accuses tobacco companies of promoting misunderstandings about tobacco and increasing legal challenges against efforts to change product labeling and pass public smoking bans.

Though smoking deaths have seen a decline in more developed countries, smoking is still the leading cause of early, preventable deaths in the US, according to the American Cancer Society. Smoking is also one of the leading causes of death for American women, according to the Centers for Disease Control and Prevention (CDC), killing nearly 174,000 women every year. The CDC also estimates that cigarettes cause almost 400,000 deaths in the U.S. each year.

Experts at the American Cancer Society say this figure may actually be higher, since that number doesn’t account for the children and others who suffer from tobacco-related sicknesses because of second-hand smoke.

At the Louthian Law Firm, we have more than 50 years of experience helping injured South Carolinians seek justice. For a free consultation, call us today at toll free at 888-662-2895 or locally at 803-454-1200. You can also fill out our confidential online case evaluation form.

Buckyballs and Buckycubes are strong, small, rare earth magnets that are marketed as desk toys for adults that are fun to fidget with and have been known to relieve stress. However, according to a press release by the U.S. Consumer Product Safety Commission (CPSC), children are swallowing these magnets, and the consequences are severe.

When the small magnets get in the hands of a child and they are swallowed, the magnets can attract to each other causing damage to the intestinal walls. The result can be serious injuries, such as small holes in the stomach and intestines, intestinal blockage, blood poisoning and even death. Surgery is most likely required to remove the magnets or small pieces of magnet.

The Los Angeles Times reported Tuesday that a 3-year-old Oregon child underwent surgery to remove 37 magnets the girl had swallowed and snapped together inside her stomach, resembling a bracelet. She is expected to recover after repair to the tears in her lower intestine and stomach. Last year, a sixth-grader in California underwent surgery after swallowing eight of the magnets.

After learning of the injuries to the 3-year-old child, the company is once again warning consumers that the magnets are not toys. The company provides a video on their website to remind its “fans and customers that Buckyballs and Buckycubes are NOT toys and are NOT for children.” The company also adds that there are five similar warnings on the boxes of the products and warnings on its website and at retailer stores where Buckyballs and Buckycubes are sold.

The Buckyballs magnets were voluntarily recalled by the company in May 2010 after the U.S. Consumer Product Safety Commission (CPSC) warned of a swallowing hazard to young children.

The CPSC reports it has received 22 incidents involving the magnets and children from June 2009 to October 2011. 17 of the incidents involved magnet ingestion and 11 required surgical removal of the magnets.

"We want parents to be aware of the danger associated with these innocent looking magnets," said CPSC Chairman Inez Tenenbaum in the press release. "The potential for serious injury and death if multiple magnets are swallowed demands that parents and medical professionals be aware of this hidden hazard and know how to treat a child in distress."

The CPSC reports that young teens use the magnets to mimic tongue piercings, and issued a video alerting children and young teens of the dangers of swallowing the magnets. The video is made by a child and is meant to appeal to children explaining what can happen if the magnets are swallowed.

Buckyballs released the following statement on its website:

“Buckyballs was saddened to learn that a 3-year old girl in Oregon had swallowed high-powered magnets but we are relieved that she is expected to make a full recovery. This unfortunate incident underscores the fact that Buckyballs and Buckycubes are for adults. They are not toys and are not intended for children. We urge all consumers to read and comply with the warnings we place on all our products, on our website and in stores. Please keep these products out of the hands and reach of all children.”

If you or someone you care about has been hurt or killed by a defective or unsafe toy, you may be eligible for compensation. Contact a SC defective products attorney today.

South Carolina Defective Product Attorneys

If you or someone you care about has been injured by a defective or unsafe product, you have the right to ask the manufacturer for money to cover your medical bills, property damage, pain and suffering and any permanent disability or loss.

In order to protect that right, you should speak with the experienced product injuries attorneys at the Louthian Law Firm as soon as possible. We have more than 50 years of experience helping injured South Carolinians seek justice, and we’re committed to ensuring that you get the legal representation you need. For a free consultation, call us today at (866) 454-1200 or (803) 454-1200, or fill out our confidential online case evaluation form.

A recall announced Thursday in the U.S. and Canada affects more than 30 million propylene gas cylinders used for welding, soldering, brazing and cutting.

The gas cylinders, carrying the product names Map Pro, Propylene and MAPP Gas Cylinders, are manufactured by Worthington Cylinders Wisconsin, LLC, of Chilton, Wisc.

The U.S. Consumer Product Safety Commission (CPSC) says the seal on the cylinders can leak after torches or other fuel-consuming equipment are disconnected from them, posing a fire hazard.
They are sold alone or in torch kits at various plumbing/HVAC distributors, Home Depot, Lowes and Ace Hardware stores nationwide and in Canada for about $7 to $13 for cylinders, and $45 to $75 for the torch kits.

From October 2004 through last month, 29,026,000 affected cylinders were sold in the U.S.; 1,371,100 units sold in Canada.

The faulty gas cylinders have been sold under many labels:

• ACE


• ASCO


• BENCHMARK®


• BERNZOMATIC®


• CRAFTSMAN®


• EMC


• EXPRESS


• Firepower®


• GENTEC®


• GOSS®


• HOTERY


• Jones Stephens Corp


• LENOX®


• Mag-Torch®


• MAGNA®Mastercraft® and TURNER®


• Master Mechanic®


• MAPP


• NAPA BERNZOMATIC®


• PREST-O-LITE®


• RONA


• ROTHENBERGER


• SUPER-EGO


• SureFire™


• TurboTorch®


• UNIWELD®


• WORTHINGTON MAPP® GAS


• WORTHINGTON MAP/Pro™


• WORTHINGTON PROPYLENE

Unused cylinders never connected to a torch or other device should be returned to the point of purchase for a refund or exchange.

A partially used cylinder connected to a torch should be taken to a safe place where the torch can be lit and the remaining gas can burn off. The empty container should be disposed of properly or returned to the point of purchase for a refund or exchange.

If you have a partially used cylinder not connected to a torch, the CPSC says to test the top for leaks with soapy water and, if there is a leak, to attach a torch and burn the gas off in a safe place. Dispose of the empty container properly or return it to the point of purchase for a refund or exchange. If testing does not identify a leak, return the cylinder to where it was purchased for exchange or a full refund.

South Carolina Defective Product Attorneys

If you or someone you care about has been injured by a defective or unsafe product, you have the right to ask the manufacturer for money to cover your medical bills, property damage, pain and suffering and any permanent disability or loss.

In order to protect that right, you should speak with the experienced product injuries attorneys at the Louthian Law Firm as soon as possible. We have more than 50 years of experience helping injured South Carolinians seek justice, and we’re committed to ensuring that you get the legal representation you need. For a free consultation, call us today at (866) 454-1200 or (803) 454-1200, or fill out our confidential online case evaluation form.

Recently, three United States Senators introduced legislation to amend the U.S. Food and Drug Administration’s (FDA) post-market watch of medical devices. Currently, the FDA may approve moderate-risk devices through the 510(k) process as long as the product is found to be similarly safe and effective as another product that is already on the market. This is considered a fast-track approval process.

However, the new bill would allow the FDA to require companies to submit post-market information in order to gain approval for moderate-risk medical devices. Furthermore, the FDA could order companies to administer additional safety studies after devices are approved.

Under the proposed legislation, the FDA would also be required to evaluate recalls and decide whether they were executed effectively.

Ideally, the newly proposed bill would mean safer medical devices for patients, offering less hassle and less chance of medical complications for patients and consumers. We welcome all efforts by lawmakers and the FDA to increase the safety of patients who use those medical devices.

Contact The Louthian Law Firm

If you or someone you care about has been injured by a defective medical product, you should speak with an experienced South Carolina product injuries attorney like the ones at the Louthian Law Firm as soon as possible. Our attorneys can help you evaluate your case; protect your legal right to the courts; and stand by your side throughout the legal process.

For a free consultation, call the Columbia SC Defective Product Attorneys at Louthian Law Firm today. Toll free: (866) 454-1200. Locally: (803) 454-1200. You can also fill out our confidential online case evaluation form.

South Carolina has become the 28th state to ban synthetic marijuana marketed as bath salts. Some, including many youths, snorted, injected, and smoked the so-called bath salts. The bath salts have gained national attention after deaths, hospitalizations, and a federal Drug Enforcement Administration ban on some of their ingredients.

South Carolina's Department of Health and Environmental Control (DHEC) has labeled the salts as a schedule 1 drug, meaning possession or sale can subject users or sellers to arrest.

The banned bath salts, unlike the salts actually used for bathing, are labeled as bath salts to avoid attention from legal authorities. The salts contain various combinations of methylenedioxypyrovalerone, mephedrone, and methylone cannaboids. Traditional bath salts sold in grocery stores and malls do not contain these controlled substances.

Normally, such bans in South Carolina are done through legislation. The DHEC imposed the new rule in an attempt to quickly meet growing public concern. Where police officers previously could only charge individuals with disorderly conduct, those found with the bath salts will now be subject to felony charges and up to 15 years of jail time and up to $5,000 in fines.

South Carolina Defective Product Attorneys

If you or someone you care about has been injured by a defective or unsafe product, you have the right to ask the manufacturer for money to cover your medical bills, property damage, pain and suffering and any permanent disability or loss.

In order to protect that right, you should speak with the experienced product injuries attorneys at the Louthian Law Firm as soon as possible. We have more than 50 years of experience helping injured South Carolinians seek justice, and we’re committed to ensuring that you get the legal representation you need. For a free consultation, call us today at (866) 454-1200 or (803) 454-1200, or fill out our confidential online case evaluation form.

In 2004, a 16-year-old girl got the pocket of her coat caught on a bolt protruding from the drive shaft of an auger-like post-hole digger operated by her stepfather. Her arm wrapped around the auger resulting in the loss of her arm.

A New York jury hearing the case in State Supreme Court decided the manufacturer of the digger, Ford New Holland (now known as Case New Holland) sold a defective product and awarded the now 21-year-old girl $8.8 million. The jury placed 35% of the blame on Case New Holland and 30% each on Peter A Smith, the owner of the digger and the person who loaned the digger to the stepfather, and on SMC Corp. from Sioux Fall, S.D., the company who assembled the digger.

The bolt that caught on the girl’s coat was supposed to be covered by a shield, but the shield broke and was removed by Smith, the owner of the digger, in 1999. The lawsuit alleges the shield was always inadequate and there is nothing to support the fact it was ever tested.

When we buy something, we assume that it wouldn’t be offered for sale if it weren’t safe to use. Unfortunately, that’s not always the case. Every year, thousands of Americans are injured by unsafe consumer products.

If you or someone you care about was hurt or killed by a defective product, contact the Louthian Law Firm today toll free at (866) 454-1200 or locally at (803) 454-1200, or online for a free evaluation of your case.

Defective Product

Bloomberg reports Caterpillar has paid more than $9 million in one of last year’s largest product liability verdicts.

The 41-year-old worker was using a Caterpillar Wheel Tractor 623 G Scraper in August 2006 when the machine “suddenly and without warning began dramatically bouncing up and down.” The bucking caused the man’s seat to fail and slammed him against the machine’s frame causing spinal injuries and a punctured lung. He is now paralyzed from the waist down.

The lawsuit claims Caterpillar was aware of the tractors’ defects that made them move erratically, but did nothing to fix them. The jury found both Caterpillar and Holt Texas Ltd., the dealership that sold the scraper to the man’s employer, liable for actual and punitive damages.

Manufacturers have a legal duty not to offer us unsafe products without warning. When they fail in that duty and someone is seriously injured or killed, we have the right to hold them legally and financially responsible for those injuries. If you or someone you care about was hurt or killed by a defective product, contact the South Carolina attorneys at Louthian Law Firm today at 866-454-1200, or locally at 803-454-1200, or online for a free evaluation of your case.

Product Liability

An Omaha retailer, Hayneedle, Inc., is being sued by the parents of a 1-year-old boy who was allegedly asphyxiated in a crib accident, reports BostonHerald.com.

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The Sacramento Kings are suing two U.S. based distributors and the Italian manufacturer of the Gymnic Plus Ball for at least $4 million reports news10.net.

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According to Knoxnews.com, the father of a 4-year-old girl whose foot was mangled in an escalator because she was wearing the popular shoe by Crocs, Inc. has settled his multimillion-dollar lawsuit against the company.

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The Daily Record reports a Sparta man will receive $2 million from Yamaha following a snowmobile accident. The judge added $900,000 to the $1.1 million award from the jury.

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Toyota has recalled 3.8 million cars, the biggest car recall in their history, for a construction flaw where the floor mat can become lodged under the accelerator pedal, making it impossible to stop the moving vehicle.

Vehicles involved in the recall:

Toyota Camry: 2007 – 2010
Toyota Prius: 2004 – 2009
Toyota Avalon: 2005 – 2010
Toyota Tundra: 2007 – 2010
Lexus ES 350: 2007 – 2010
Lexus IS 250: 2006 – 2010
Lexus IS 350: 2006 – 2010

Toyota spokesmen maintain that when the rubber all weather floor mat, which can be standard or optional depending on the vehicle, becomes wedged on top of the gas pedal it causes the acceleration. National Highway Traffic Safety Administraton (NHTSA) announced that Toyota will also install a brake override system on the involved Camry, Avalon and Lexus ES 350, IS 350 and IS 250 models as an “extra measure of confidence.” The brake override system would ensure the vehicle would stop if both the brake and the accelerator pedals are simultaneously applied.

Some experts disagree with Toyota and believe that the problem is caused by a defective engine throttle control system. In fact, some sudden acceleration cases have been reported when the floor mats were not in place.

Models including the engine throttle control system include:
2000 Toyota Avalon, Toyota Sienna
2001 Lexus RX300, Toyota Avalon, Toyota Highlander, Toyota Sienna
2002 Lexus ES300, Lexus RX300, Toyota Avalon, Toyota Camry, Toyota Sienna, Toyota Highlander, Toyota Solara
2003 Lexus ES300, Lexus RX300, Toyota Avalon, Toyota Camry, Toyota Highlander, Toyota Sienna, Toyota Solara
2004 Toyota Avalon, Toyota Camry, Toyota Solara
2005 Toyota Camry, Toyota Highlander, Toyota RAV4, Toyota Solara
2006 Toyota Camry, Toyota Higlander, Toyota RAV4, Toyota Solara
2007 Toyota Camry, Toyota Highlander, Toyota RAV4, Toyota Solara
2008 Toyota Camry, Toyota RAV4, Toyota Solara,
2009 Toyota Camry, Toyota Corolla, and Toyota Matrix

There have been at least 1,000 incidents of sudden acceleration in Toyota vehicles reported to the NHTSA in the last 8 years. There have been at least 19 deaths and numerous injuries since the 2002 model year.

The $300 million awarded to an ex-smoker who needs a lung transplant would be the nation's largest award to an individual suing a tobacco company, if the award survives appeal, reports the New York Times.

The award could also encourage thousands of other smokers to file suit in Florida since a supreme court ruling a few years ago made it easier to pursue the suits there than in other states. In 2006, Florida had a legal ruling which lowered the plaintiff's burden of proof against a tobacco company.

The 61-year-old woman was awarded $56 million in compensatory damages and $244 million in punitive damages. She started smoking when she was 20-years-old and quit when she was 45. She now has severe emphysema and needs a lung transplant which she is unable afford.

The jury found the woman 10% responsible for her smoking and her disease and Philip Morris 90% responsible.

If you or someone you care about has been injured by a consumer product, you should speak with the experienced product injury attorneys at Louthian Law Firm as soon as possible. For a free consultation, call us at 1-866-410-5656 or fill out our confidential online case evaluation form.

Tobacco Lawsuit

The Gadsden (Alabama) Times reported that an Etowah County Circuit Court jury has awarded $8.5 million to a woman injured in a 2003 Mercury Mountaineer rollover.

Two people were killed in the accident and two were injured, including Latoya Duckett. Ms. Duckett filed a product liability lawsuit against Ford Motor Company alleging the vehicle was unstable and rolled over too easily.

As a result of the accident, Ms. Duckett's right leg had to be amputated just below the knee and her left arm is paralyzed and suffered brain injury, the paper reported in October.

The case against Ford Motor Company in the deaths of the father and daughter was settled for an undisclosed amount several years ago.

No punitive damages were awarded, but the $8.5 million in compensatory damages was the largest in the county's history, the paper reported.

If you have been in an accident, it’s important to make sure you understand your legal rights. You may be able to recover money for medical bills, lost wages, funeral costs, as well as compensation for wrongful death or permanent disability. Contact the experienced car accident attorneys at the Louthian Law Firm for a free evaluation of your case at 1-866-410-5656 or fill out our confidential online contact form.

Ford Rollover Accident

According to an exclusive CBS News investigation, there have been 59 deaths and hundreds of injuries linked to Yamaha's off-road vehicle, the Rhino.

CBS reports that before the Rhino was available for sale, it was tested on trails in Kentucky in July 2002. During those tests, Keisuke "Casey" Yoshida, president of a U.S. subsidiary of Yamaha Motor Co, Ltd. drove a Rhino prototype with a company vice president in charge of Rhino development sitting in the passenger seat. After coming down a hill onto flat ground the Rhino tipped over, injuring the passenger's foot. CBS News reports after that incident, Yoshida stated, "Casey wants update on instability of vehicle for future liability cases."

The Rhino was introduced 15 months later in the fall of 2003 and more than 150,000 were sold. The once popular vehicle is now the subject of many lawsuits because of injuries and deaths linked to its instability. There are more than 400 wrongful death and personal injury lawsuits pending and Yamaha has settled other cases.

Complaints about the Rhino include its narrow stance, high ground clearance, and lack of a rear differential to help in turning. On March 31, 2009, under pressure from the U.S. Consumer Protection Agency, Yamaha announced a free repair program to improve the Rhino's handling and instability.

The Consumer Protection Agency continues to investigate the Rhino, according to the chairman of the agency.

The South Carolina vehicle injury attorneys of the Louthian Law Firm can help you today if you have been injured in an accident involving a Yamaha Rhino ATV. We have proudly represented the rights of accident victims in South Carolina since 1959. We understand the pain and the financial hardships that families go through when dealing with a serious accident and because of this we never charge our clients until the case is won. Please contact us today at 1-866-410-5656 for a free consultation or fill out our confidential online case evaluation form.

CBS Rhino Investigation

A Lexington, KY hairdresser who became paraplegic after a routine heart surgery has been awarded $9.89 million in the largest medical malpractice verdict ever in Fayette County.

The plaintiff had valve surgery in April 2006. The surgery took less than an hour and was successful, but medical experts testified that the surgeon misplaced a hose to a machine that pumps blood during the surgery, causing too much blood and oxygen to be pumped to her right hand -- and too little to her brain and thoracic spinal cord.

If you or someone you care about has been injured by the carelessness of a medical professional, you should speak with an experienced South Carolina medical malpractice attorney like the ones at the Louthian Law Firm as soon as possible. Our attorneys can help you evaluate your case; protect your legal right to the courts; and stand by your side throughout the legal process. For a free consultation, call the Columbia SC Medical Malpractice Lawyers at Louthian Law Firm today at 1-866-410-5656.

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An Indiana woman whose husband committed suicide in January 2008 has filed a lawsuit against Pfizer, the manufacturer of Chantix, a smoking-cessation drug her husband was taking.

The woman alleges that the company failed to warn consumers that the prescription medication might cause serious psychiatric symptoms such as suicidal thoughts.

If you or someone you care about was seriously injured by a prescription drug, you should speak with a South Carolina pharmaceutical litigation attorney at the Louthian Law Firm as soon as possible. We have won justice for South Carolinians since 1959, and recovered millions of dollars to help sick and injured people heal and move on. And because we know injured people are often suffering financially as well as physically, we never charge for an initial case evaluation. For a free consultation, call us today at 1-866-410-5656.

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In South Carolina, thanks to U.S. Judge Joe Anderson and State Supreme Court Chief Justice Jean Toal, settlement records in cases involving public safety have been open for several years. That is a benefit to the public, according to a recent news report, because it lets consumers know just how dangerous a product might be. Judge Anderson recently testified in Washington about the need for openness in other jurisdictions.

The Louthian Law Firm has served injured South Carolinians since 1959. We have won millions for our clients and are committed to protecting consumers' right to a fair and honest marketplace. And because we know victims are often stretched thin financially, we always offer free consultations to potential clients. To speak with an experienced consumer protection attorney today, call us at 1-866-410-5656.

Full story - http://www.thestate.com/local/story/479745.html

Families have probably heard a lot this year about recalls of defective toys with unsafe lead paint. But as the holidays approach, people buying “toys” for older loved ones should watch out for product defects too. The latest case in point, reported by The State on Nov. 29, is a recall of defective Performax and Wilton brand motorized miter saws whose safety switches can fail, causing the saw to keep running until it’s unplugged and putting users at risk of serious cuts. The defect can also cause electrical problems, which in turn causes it to smoke, spark and trip circuit breakers, and could cause the safety brake to fail.

A miter saw is a rotating blade that the user brings down against an object on a built-in platform to make a short, precise cut. It’s widely used in woodworking, especially for home builders. It cuts very fast and very deeply; it can sever an adult man’s fingers in an instant. Safety switches are there to prevent this type of serious accident, but when they fail, they fail to protect the consumers who trust them. In this case, failure can also cause electrical problems that could lead to a fire, or at least to an expensive and time-consuming work stoppage.

If you’ve already bought one of these defective miter saws, you’re eligible for a refund or replacement; the Consumer Products Safety Commission can help you find out more. But a recall after the fact can’t help South Carolinians who have already suffered a serious injury from the defective saws or other defective consumer products. The only way for people with significant personal physical, financial or emotional losses to ask for justice may be a South Carolina product defects lawsuit. If you’ve been injured by a defective product, call the Louthian Law Firm to learn more about your rights and get a free evaluation of your case.

The RC2 Corporation announced the recall of over 600,000 of its toys and children’s necklaces Thursday, according to an Associated Press Article dated September 27th.

The RC2 Corp’s “Knights of the Sword” series toys and some of its Thomas And Friend items along with floor puppet theaters and gardening tools and chairs were among the items being recalled. The reason for the recall was the high levels of lead in their surface paint and some of their metal parts.

Earlier this year, on June 13th, RC2 Corp announced the first recall from the Thomas and Friends Product Line of 1.5 Million wooden railway toys. The company has now announced a new recall of five Thomas and Friends toys, totaling about 200,000 toys in all that were not included in the first recall.

Continue reading "Another Child Toy Manufacturer Announces Recalls" »

The Associated Press reported on May 26, 2007 that government officials are warning people to throw away AMO Complete Moisture Plus Multi-Purpose Solution, used for cleaning and storing soft contact lenses, after an investigation linked it to a rare eye infection. The solution is made by Advanced Medical Optics Inc., a publicly traded company based in Santa Ana, California.

The solution appears to be a factor in cases of Acanthamoeba keratitis, a painful eye infection that can lead to permanent vision loss or blindness.

The CDC and the U.S. Food and Drug Administration are investigating 138 confirmed cases.
CDC officials said people should discard the solution, throw out their current contact lenses and lens storage case, which may harbor the infecting disease.

Doctors first suspected a problem in 2004, when a University of Illinois-Chicago ophthalmologist, Dr. Elmer Tu, noticed more than a dozen cases of the infection.

Continue reading "Another Contact Lens Solution Linked to Eye Infection" »

According to the Associated Press, the following recalls have been announced:
Approximately 228,000 Ellemenno brand girls’ capri pants with snap roll cuffs which are distributed by Mervyns Company and imported by Azmat Group of Dhaka, Bangladesh have been recalled because the buttons inside the pants' waistbands can become detached and this poses a choking hazard to children. No injuries have been reported. Mervyns can be contacted by phone at 800-637-8967 or by visiting their website.

Approximately 1,500 Currey & Company Table Lamps which are distributed by Currey & Company have been recalled because the light sockets on the lamps have a defect, which poses an electrical shock and fire hazard, the U.S. Consumer Product Safety Commission announced Thursday. Currey & Company has received 6 reports of their lamps causing circuits to trip and then sparking or catching on fire. No property damage or injuries have been reported at this time. Details of the recall of these lamps can be found by visiting their website.

Details of both recalls can be found at the U.S. Consumer Product Safety Commission.

If you or a loved one has suffered injuries due to a defective product, contact a South Carolina Product Liability Lawyer at Louthian Law Firm, P.A., immediately, even if only for an inquiry as to whether or not you may have a case.

Evenflo Company Inc. cooperating with the US Consumer Product Safety Commission and the National Highway Traffic Safety Administration (NHTSA), announced a recall last Friday of the Evenflo Embrace™ Infant Car Seat/Carriers. The recall affects about 450,000 infant car seats.
The manufacturer of the defective car seats is Evenflo Company Inc., of Vandalia, Ohio. The defective car seat has caused injuries to children.

Drug maker Purdue Pharmaceutical, L.P. has agreed to pay $19.5 million to South Carolina and 25 other states to settle a complaint concerning its promotion of the powerful pain killer OxyContin and failure to disclose risk of abuse with the drug.

The action by the drug maker comes in response to a complaint by several state attorney generals who discovered that the company had suggested that doctors prescribe OxyContin to patients every 8 hours instead of the 12 hours approved by the U.S. Food and Drug Administration. The settlement also required the pharmaceutical company to discontinue dispensation of the drug in any manner other than approved by the FDA. In a prepared statement the company responded to the settlement, "It has always been Purdue's written policy that promotion of its products must adhere to FDA-approved prescribing information for those products as well as applicable laws.” Additionally Purdue Pharma has agreed to discontinue the practice of paying the sales staff a bonus in direct correlation with the volume of OxyContin prescribed.

Over the years, OxyContin came to prominence in the news when the prescribed drug was discovered to be highly addictived. When the illegal use of the drug produced a heroin-like high, OxyContin was was noted by the Bush administration as one of the nation's most-abused prescription drugs in the war on drugs.

States that took part in the settlement were Arizona, Arkansas, California, Connecticut, Idaho, Illinois, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Montana, Nebraska, Nevada, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Vermont, Virginia, Washington, Wisconsin and t he District of Columbia.

North Carolina Attorney General Roy Cooper commented on the situation stating, “Drug makers need to give doctors and patients accurate information about their drugs or expect to face the consequences."

The Associated Press reported on Thursday, May 3, 2007 that Mr. and Mrs. Chung, immigrants from South Korea, opened their own dry cleaning business in Washington, D.C. seven years ago. Unfortunately, the have been dealing with a litigation nightmare for the past two years ever since a Judge sued them for $65 million because they lost a pair of his pants.

The Chungs are so disheartened that they are considering moving back to South Korea, their attorney Chris Manning said. “They’re out a lot of money, but more importantly, incredibly disenchanted with the system” Manning said. “This has destroyed their lives.”

The lawsuit was filed by District of Columbia Administrative Hearing Judge Roy Pearson, who has been representing himself in the case. Judge Pearson did not return phone calls or e-mails as of Wednesday of last week from the Associated Press. According to court filings, the problem began in 2005 when Pearson first became a judge and took several suits for alterations to Custom Cleaners in Northeast Washington DC. A pair of pants from one suit was not ready when he requested it two days later, and appeared to be missing.

Judge Pearson asked the cleaners to pay the full price for the suit which was more than $1000. However, a week later the Chung’s said that the pants had been found and refused to pay. That is when Judge Pearson decided to file a suit.

According to the Chungs’ lawyer the cleaners has made three offers to settle with Judge Pearson. The first offer was for $3,000, then $4,600 and then $12,000. Judge Pearson has refused to settle. One of his claims for damages includes the cost to rent a car ($15,000) every weekend for 10 years to go to another dry cleaner since he no longer wants to patronize the Chungs’ dry cleaners. The bulk of Pearson’s $65 million claim, however, it derived from a strict interpretation of Washington DC’s consumer protection law which fines violators $1,500 per violation per day. According to court papers, Pearson added up 12 violations over 1200 days and multiplied by 3 defendants.

Continue reading "Judge Sues Cleaners for $65 Million for Lost Pants" »

The Associated Press reported that a total of 7.8 million Magnetix magnetic building sets have been recalled after children swallowed small magnets contained in the sets and were seriously injured. Mega Brands Inc., the company which manufactures the toy sets, recalled 3.8 million of the magnetic building sets in March 2006 after a child died and 4 others were seriously injured after swallowing the magnets. The Product Safety Commission and Mega Brands know of one death, one aspiration and 27 intestinal injuries. The commission received reports of at least 1500 incidents in which the magnets separated from the toy. If more than one magnet is swallowed, the magnets can attach to each other and cause intestinal perforation, infection, or blockage which can be fatal. The hazard was initially thought to be a problem only for children younger than 6 but the reports show that at least 10 injuries involved children between the ages of 6 and 11.

The recall includes all sets except Magnetix sets dated March 31, 2006, that are age labeled “6+” and also contain the statement “CAUTION: Do not ingest or inhale magnets. Attraction of magnets in the body may cause serious injury and require immediate medical care.” The newer sets supposedly have better material and design according to the company. Magnetix sets are sold by toy and arts and craft stores nationwide.

Consumers should contact Mega Brands for replacement toys. For more information call Mega Brands at (800) 779-7122.

If you or a loved one has been injured by an unsafe toy, contact a South Carolina unsafe toy accident attorney at Louthian Law Firm for a free consultation.

The Associated Press reported that a Montgomery, Alabama jury awarded a paralyzed woman $4 million on Friday, April 20, 2007. Carolyn Thorne, was paralyzed as a result of the tires separating on her SUV after visiting a Wal-Mart Service Center. The tires had been recalled in 2002 by Continental Tire Company and she had taken her SUV to Wal-Mart to have the tires replaced. Wal-Mart failed to replace her spare tire which she was using during the crash that paralyzed her.

Ms. Thorne had her car serviced at Wal-mart on 9 separate occasions after the recall and was never told that the 5th tire was also defective.

The jury awarded her $2 million in punitive damages and $2 million in compensatory damages.

If you have been in an automobile accident due to tire tread separation, please contact a South Carolina tire recall lawyer at Louthian Law Firm for a free consultation.

The Associated Press has reported that H.S. Joy of Love, by Jen-On Herbal Science International of City of Industry, California has been recalled because the product contains Piperadino Vardenafil, an analog of Vardenafil, which is a FDA approved drug used for erectile dysfunction.

The analog may interact with nitrates found in some prescription drugs, such as nitroglycerin, and may lower blood pressure to dangerous levels. People with diabetes, high blood pressure, high cholesterol or heart disease often take nitrates.

The supplement is sold nationwide in a 12 capsule pack. Individuals who have this product in their possession should stop using it immediately and, if they experience any adverse side effects should contact a physician.

Unused portions of the supplement should be returned to the manufacturer for a refund by calling (626) 333-9998 for instructions on how to return the product.

If you have suffered serious side effects associated with taking H.S. Joy of Love, contact a South Carolina dangerous drug attorney at Louthian Law Firm for a free consultation.

The insurance industry reported on Thursday, March 29, 2007 that new crash test results show that head restraints in several passenger vehicles provided marginal or poor protection against neck injuries and whiplash. In the simulated rear crash test at 20 mph only 22 of 75 vehicles received the top score of “good” from the Virginia based Insurance Institute for Highway Safety.

If you or a loved one has been the victim of a serious injury as the result of a faulty head rest, please call a South Carolina defective head restraint attorney at the Louthian Law Firm.