Medical Risk Law Weekly News

Week of: June 11, 2012


FDA Warns Consumers about Counterfeit Version of Adderall

The FDA is warning consumers and health care professionals about a counterfeit version of Teva Pharmaceutical Industries’ Adderall 30 milligram tablets that is being purchased on the Internet. The FDA’s preliminary tests revealed that the counterfeit version of Teva’s Adderall 30 mg tablets contained the wrong active ingredients.


FDA Recalls Ultrasound Transmission Gel Due to Risk of Bacterial Contamination

The FDA issued a Class I Recall and notified health care professionals and facilities to stop using specific lots of Other-Sonic Generic Ultrasound Transmission Gel due to possible microbial contamination that included organisms such as Pseudomonas aeruginosa and Klebsiella oxytoca.

FDA Issues Alert that Dietary Supplement May Contain Harmful Unlisted Ingredients

The FDA is warning consumers that Reumofan Plus, marketed as a “natural” dietary supplement for pain relief and other serious conditions, contains several active pharmaceutical ingredients not listed on the label that could be harmful.

New Autoimmune Mechanism Discovered for Serious Drug-Induced Adverse Reactions

A team of researchers led by the U.S. Food and Drug Administration has discovered a new mechanism for identifying and understanding drug-related autoimmune reactions. The team found that in certain at-risk patients, the anti-HIV drug Ziagen (abacavir) causes the immune system to “see” a patient’s own healthy tissues and proteins as a foreign invader. The effect is similar to what happens when the immune system recognizes a viral or bacterial protein during an infection.


Statute Protecting Workers Injured While Cleaning a “Structure” Does Not Protect Employee Cleaning a Manufactured Product

An employee at a manufacturing company was cleaning a seven-foot high wall module, manufactured by his employer, in preparation for shipping the module to the purchaser. The employee fell to the ground and was injured when the ladder he was standing on broke. He sued the purchaser of the wall module and his employer’s landlord for damages under a New York statute that requires contractors and owners to provide protective scaffolding or other devices for the protection of workers engaged in, among other things, cleaning a building or a structure.

Manufacturer Owes No Duty To Warn of Asbestos Danger from Another’s Product Foreseeably Used With Its Own

A wrongful death suit was filed by the family of a mechanic who died from asbestosis and asbestos-related lung cancer. The decedent had worked as an auto mechanic. In the course of his work he repaired and installed asbestos-containing brake parts. To repair these parts the decedent used machines manufactured by the defendant. The machines contained no asbestos but were designed to reshape brake parts that might contain asbestos. The defendant’s machines did not require asbestos-containing brake parts to operate, nor did any asbestos-containing brake parts require the defendant’s machines in order to function.

Employer Owes No Duty to Protect Employees’ Family Members From Secondary Exposure To Asbestos

The daughter/sister of two independent contractors hired to install asbestos insulation in a Ford plant in the 1950s was diagnosed with mesothelioma in 2004.  She was responsible for doing her father’s and brother’s laundry at the time they were installing the asbestos. She alleged that her father and brother brought asbestos dust home on their clothing, which had to be shaken out prior to being laundered, and that the asbestos dust to which she was thus exposed caused the mesothelioma. She sued Ford for negligence.