<?xml version="1.0" encoding="utf-8" ?><?xml-stylesheet type="text/css" href="http://www.beasleyallen.com/css/rss.css"?><rss version="2.0"><channel><title>Beasley Allen</title><link>http://www.beasleyallen.com/</link><description>The Latest News from the Beasley Allen Law Firm</description><lastbuilddate>Sat, 20 Mar 2010 23:03:05GMT</lastbuilddate><language>en-us</language><copyright>Copyright 2007, Beasley Allen et al. All Rights Rsserved.</copyright><managingeditor>BeasleyAllen.com <web@beasleyallen.com></managingeditor><webmaster>BeasleyAllen.com <web@beasleyallen.com></webmaster><ttl>60</ttl><item><title><![CDATA[ NHTSA pressured Toyota to install brake override twice to no avail ]]></title><link>http://www.beasleyallen.com/news/NHTSA-pressured-Toyota-to-install-brake-override-twice-to-no-avail/</link><guid>http://www.beasleyallen.com/news/NHTSA-pressured-Toyota-to-install-brake-override-twice-to-no-avail/</guid><category>Firm Announcements</category><pubDate>Thu, 18 Mar 2010 06:03:00 +0000</pubDate><description><![CDATA[ <p><img style="float: left; border: 1px solid black;" src="http://www.beasleyallen.com/images/toyota-pedals.jpg" width="300" height="188" />Had Toyota executives listened to U.S. Transportation officials in 2007, a lot of sudden acceleration accidents could have been prevented and a lot of people saved from injury and death. Investigators from the National Highway Traffic Safety Administration pressured Toyota to install a brake override system in all of its vehicles, but the car manufacturer resisted, according to a story published in the Los Angeles Times.</p><p>Not until the highly publicized deaths last August of California Highway Patrol officer Mark Saylor and three of his family members in a runaway Lexus ES 350 did Toyota consider installing electronic controls that would favor the brakes over the throttle in a sudden unintended acceleration incident and allow the vehicle to stop. Even then, however, Toyota was only responding to renewed pressure by federal safety regulators.</p><p>Toyota started by offering to retrofit only its high-end Camry, Avalon and Lexus vehicles with the safety repair. As new sudden acceleration incidents occurred throughout the country, Toyota eventually agreed to retrofit all appropriate vehicles with the brake override system.</p><p>Sudden unintended acceleration in Toyota and Lexus vehicles has been blamed for 56 deaths and hundreds of injuries nationwide in the last 10 years, triggering federal safety and criminal investigations.</p><p>Internal Toyota documents obtained by Congress reveal that NHTSA authorities discussed brake override technology with Toyota executives in August 2007, two years before the fatal Saylor crash. Records also show that Toyota conducted a feasibility study to determine whether to install the technology in its vehicles.</p><p>Rep. Bruce Braley (D-Iowa), vice chairman of the House Energy and Commerce Committee's investigations panel, issued strong words for Toyota upon disclosing the evidence that the company failed to act.</p><p>"These documents raise some questions about whether Toyota was doing enough to deal with" sudden acceleration, Braley said. "It's obvious that other manufacturers were doing something. Maybe more than Toyota is doing even now."</p><p>One Toyota executive who used to work for the NHTSA said in a 2007 email that there were no requirements for Toyota to implement the brake override system. Because NHTSA couldn't find an actual defect, investigations were closed. This outcome was celebrated by Toyota in a memo that stated Toyota execs successfully negotiated a favorable outcome in the sudden acceleration investigation that saved the company $100 million.</p><p><br />Source: <a href="http://www.latimes.com/news/local/la-fi-toyota-brake14-2010mar14,0,1892566.story">Los Angeles Times</a><a href="http://www.latimes.com/news/local/la-fi-toyota-brake14-2010mar14,0,1892566.story"><br /></a></p><p>Site: <a href="http://www.beasleyallen.com/" title="Beasley Allen">Beasley Allen</a></p>]]></description></item><item><title><![CDATA[ Mobile power packs recalled by Tumi due to fire hazard ]]></title><link>http://www.beasleyallen.com/news/Mobile-power-packs-recalled-by-Tumi-due-to-fire-hazard/</link><guid>http://www.beasleyallen.com/news/Mobile-power-packs-recalled-by-Tumi-due-to-fire-hazard/</guid><category>Firm Announcements</category><pubDate>Thu, 18 Mar 2010 06:03:00 +0000</pubDate><description><![CDATA[ <p>WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.<br /><br />Name of Product: Mobile Power Packs<br /><br />Units: About 5,000<br /><br />Manufacturer: Tumi, of South Plainfield, N.J.<br /><br />Hazard: The lithium-ion cells used in the Mobile Power Pack can ignite or explode while charging, posing a fire hazard. This hazard is only present for units that have not been charged.<br /><br />Incidents/Injuries: There were two reports of consumers experiencing small fires during their initial charge. No injuries were reported.<br /><br />Description: The recalled Mobile Power Pack is a mobile device that receives an AC charge in a compact battery pack that will then give five DC charges to small electronic devices including mobile phones, MP-3 players, Blackberries, and PDAs. The power pack is black and silver and is rectangular in shape. The front of it has a small circular control panel. The front also displays the word "Tumi" engraved on a silver button located towards the bottom of the device. Style number 14362 is printed on the power pack packaging.<br /><br />Sold by: Tumi retail stores, department and specialty stores nationwide and www.Tumi.com from August 2007 through March 2008 for $135.<br /><br />Manufactured in: China<br /><br />Remedy: If the unit has not been used and has never been charged, please do not try to charge. Contact Tumi customer care for instructions on how to return the power pack and receive a free replacement power pack. If you have charged the unit previously without incident, you can continue to use the product.<br /><br />Consumer Contact: For additional information, contact Tumi customer care at (800) 530-0069 between 7 a.m. and 7 p.m. ET Monday through Friday, or visit the firm's Web site at www.Tumi.com, or e-mail the firm at customercare@tumi.com<br /><br />To see this recall on CPSC's web site, including a picture of the recalled product, please go to:<br />http://www.cpsc.gov/cpscpub/prerel/prhtml10/10169.html<br /></p><p>Site: <a href="http://www.beasleyallen.com/" title="Beasley Allen">Beasley Allen</a></p>]]></description></item><item><title><![CDATA[ Drug companies provide options to cancer patients for management of breakthrough pain ]]></title><link>http://www.beasleyallen.com/news/Drug-companies-provide-options-to-cancer-patients-for-management-of-breakthrough-pain/</link><guid>http://www.beasleyallen.com/news/Drug-companies-provide-options-to-cancer-patients-for-management-of-breakthrough-pain/</guid><category>Firm Announcements</category><pubDate>Mon, 15 Mar 2010 06:03:00 +0000</pubDate><description><![CDATA[ <p>Pain management can be a serious health issue for cancer patients, separate and apart from their underlying cancer, according to the National Institutes of Health. Finding an effective treatment for these patients can be harrowing. Many are put on opioids, drugs that decrease one's perception of and reaction to pain, as well as increase one's pain tolerance.</p><p>Studies suggest that as many as two-thirds of patients with chronic pain from cancer who receive around-the-clock opioids develop a tolerance to opioids and experience intermittent pain that breaks through their medication. To treat these episodes of breakthrough pain, drug companies have introduced powerful narcotics, such as Cephalon's Actiq (fentanyl citrate) and the more potent opioid, Fentora.</p><p>In 2006, Actiq became open for generics, paving the way for drug companies like Coviden to introduce its Fentanyl Citrate to the distributors. Both Actiq and its generic version are lollypop lozenges that are administered orally.</p><p>Fentanyl citrate is only indicated for the management of breakthrough pain in cancer patients who are already receiving and are tolerant to around-the-clock opioid therapy for their cancer-related pain. Patients who have not already developed a tolerance to the drug are at risk of life-threatening respiratory depression. Yet, as many as 90 percent of prescriptions for the drug are written for the off-label treatment of migraines and backaches.</p><p>To date, 127 deaths and 91 incidents of severe side effects have been associated with use of fentanyl citrate.</p><p>Site: <a href="http://www.beasleyallen.com/" title="Beasley Allen">Beasley Allen</a></p>]]></description></item><item><title><![CDATA[ Toyota Sudden Unintended Acceleration Map ]]></title><link>http://www.beasleyallen.com/news/Toyota-Sudden-Unintended-Acceleration-Map/</link><guid>http://www.beasleyallen.com/news/Toyota-Sudden-Unintended-Acceleration-Map/</guid><category>Firm Announcements</category><pubDate>Mon, 15 Mar 2010 06:03:00 +0000</pubDate><description><![CDATA[ <h2>Map of sudden acceleration complaints involving Toyota vehicles and fatal incidents</h2><p>This map lists sudden acceleration complaints filed with the National Highway Traffic Safety Administration (NHTSA) that involve cars and trucks produced by Toyota and are reported to have resulted in at least one fatality.</p><p><img src="http://www.beasleyallen.com/images/news/Toyota-SUA-Map-Key.png" title="Toyota Sudden Unintended Acceleration Map Key" /></p><p><iframe marginheight="0" marginwidth="0" src="http://maps.google.com/maps/ms?ie=UTF8&amp;hl=en&amp;t=p&amp;msa=0&amp;msid=115792313951981583750.0004818e28611445724be&amp;ll=35.746512,-85.957031&amp;spn=35.37848,87.714844&amp;z=3&amp;output=embed" width="525" frameborder="0" height="250" scrolling="no"></iframe></p><p><span style="color:#A6A6A6;">SOURCE: NHTSA, USA Today, NPR News<br /> Updated: March 15, 2010 @ 1:56pm</span></p><p><a href="http://maps.google.com/maps/ms?ie=UTF8&amp;hl=en&amp;t=p&amp;msa=0&amp;msid=115792313951981583750.0004818e28611445724be&amp;ll=35.746512,-85.957031&amp;spn=35.37848,87.714844&amp;z=3&amp;source=embed" style="color:#0000FF;text-align:left">Click here</a> to view Toyota SUA Map in full window.</p><p>Learn more about <a title="Toyota Sudden Unintended Acceleration" href="http://www.beasleyallen.com/focus/Toyota-Unintended-Acceleration/">Toyota Sudden Unintended Acceleration</a>.</p><p>Site: <a href="http://www.beasleyallen.com/" title="Beasley Allen">Beasley Allen</a></p>]]></description></item><item><title><![CDATA[ FDA places black box warning on Plavix ]]></title><link>http://www.beasleyallen.com/news/FDA-places-black-box-warning-on-Plavix/</link><guid>http://www.beasleyallen.com/news/FDA-places-black-box-warning-on-Plavix/</guid><category>Firm Announcements</category><pubDate>Mon, 15 Mar 2010 06:03:00 +0000</pubDate><description><![CDATA[ <p>A Food and Drug Administration (FDA) black box warning has been added to the anti-blood clotting medication Plavix (Clopidogrel Bisulfate), alerting patients and health care professionals that some people who take the drug may not be able to effectively metabolize the medication and thus may not receive the full benefits of Plavix. An estimated 2 to 14 percent of the population are poor metabolizers of Plavix.</p><p>Plavix is a medication given to reduce the risk of heart attack, unstable angina, stroke, and cardiovascular death in patients with cardiovascular disease. Plavix works by decreasing the activity of blood cells called platelets, making platelets less likely to form blood clots. Patients identified as poor metabolizers of Plavix do not convert the drug to its active form, thus it has less effect on platelets, and therefore less ability to prevent the serious conditions for which it is prescribed.</p><p>The boxed warning informs healthcare professionals that tests are available to identify genetic differences in CYP2C19 function. Health care professionals with patients identified as poor metabolizers of Plavix should consider use of other anti-platlet medications or alternative dosing strategies.</p><p>Patients are advised not to stop taking Plavix unless told to do so by their healthcare professionals. Those with concerns should discuss their situation with their doctors.&nbsp; Any adverse events associated with this or any other medication should be reported to the FDA MedWatch Adverse Event Reporting program at <a href="http://www.fda.gov/MedWatch">www.FDA.gov/MedWatch</a>.</p><p>Site: <a href="http://www.beasleyallen.com/" title="Beasley Allen">Beasley Allen</a></p>]]></description></item><item><title><![CDATA[ Four McCormick products added to recall list ]]></title><link>http://www.beasleyallen.com/news/Four-McCormick-products-added-to-recall-list/</link><guid>http://www.beasleyallen.com/news/Four-McCormick-products-added-to-recall-list/</guid><category>Firm Announcements</category><pubDate>Mon, 15 Mar 2010 06:03:00 +0000</pubDate><description><![CDATA[ <p>A recall of ready-to-eat meat products due to possible salmonella contamination spurred by an earlier recall of an ingredient used in processed foods, has sparked another recall, this on four McCormick &amp; Co. products. The products contain hydrolyzed vegetable protein (HVP), a flavor enhancer, that was recalled on March 4, 2010 recall by the U.S. Department of Agriculture Food Safety and Inspection Service (FSIS). The recall on the McCormick &amp; Co. foods was initiated because the HVP ingredient was added after salmonella prevention steps were applied.</p><p>The McCormick &amp; Co. products under the recall include</p><ul type="square"><li>Onion gravy with the "best by" dates ranging from      Oct. 7 to Feb. 13, 2012</li><li>Vegetable dip with the "best by" dates ranging from      June 8, 2011 to July 28, 2011</li><li>French onion dip mix from Oct. 6, 2011 through Jan.      23 2010, and</li><li>Corn bread stuffing with the product code 4520AH. </li></ul><p>Salmonella can cause a common bacterial food borne illness, which can be life threatening, especially to those with weak immune systems such as infants, the elderly, and persons with HIV infection or undergoing chemotherapy. Symptoms of salmonella generally involve diarrhea, abdominal cramps, and fever within 72 hours of consumption. Additional symptoms that may develop include chills, headache, nausea, and vomiting that can last up to seven days.</p><p>To date, no illnesses have been reported. The latest recall due to possible contamination of HPV brings the total of products involved to 150. Consumers with questions can call McCormick &amp; Co. at 800-632-5847 for replacement products or refunds.&nbsp;</p><p>Site: <a href="http://www.beasleyallen.com/" title="Beasley Allen">Beasley Allen</a></p>]]></description></item><item><title><![CDATA[ Drug companies illegally promote off-label use of potent medications ]]></title><link>http://www.beasleyallen.com/news/Drug-companies-illegally-promote-off-label-use-of-potent-medications/</link><guid>http://www.beasleyallen.com/news/Drug-companies-illegally-promote-off-label-use-of-potent-medications/</guid><category>Firm Announcements</category><pubDate>Sun, 14 Mar 2010 06:03:00 +0000</pubDate><description><![CDATA[ <p>Cephalon peddled potent and potentially harmful painkillers as if they were "actual lollipops," according to the U.S. Attorney's office. The statement was released following an investigation into the drug company's marketing activities. Cephalon was also slapped with a $425 million penalty.</p><p>The investigation was a result of a study into how the drug company's painkiller Actiq was used. The drug is approved by the Food and Drug Administration (FDA) for the treatment of breakthrough pain in cancer patients who are on around-the-clock morphine-based drugs. Actiq is given as a lozenge on a stick that resembles a lollipop.</p><p>However, the study found that the drug was prescribed for off-label use as much as 90 percent of the time. This unapproved use included prescribing Actiq for the treatment of backaches, migraines and even injuries. Another study also showed that Cephalon's other painkiller, Fentora, a painkiller considered even more powerful that Actiq, was also prescribed predominantly for off-label use.</p><p>Use of Actiq and Fentora in patients who have not already built up a tolerance to opioids like morphine proved fatal for some. Severe side effects with Actiq, including respiratory complications, were reported 91 times to the FDA. More than 100 fatalities have been associated with off-label use of the drug.</p><p>An investigation by the FDA and the Attorney General's office found that Cephalon had actually paid nearly 1,000 doctors and other health care professionals to speak about the off-label benefits of the drug. Unfortunately, Cephalon isn't the only drug company paying professionals to convince doctors to prescribe drugs for uses for which they are not approved. Last year, Eli Lilly was found guilty of illegally marketing Zyprexa, a medication approved to treat schizophrenia and bipolar, as a medication to treat sleep disorders in elderly patients. That investigation led to a $1.4 billion fine for Eli Lilly.</p><p>Source: <a href="http://www.jsonline.com/features/health/87601277.html ">Milwaukee-Wisconsin Journal Sentinel</a>&nbsp;</p><p>Site: <a href="http://www.beasleyallen.com/" title="Beasley Allen">Beasley Allen</a></p>]]></description></item><item><title><![CDATA[ Ready-to-eat meat products recalled due to risk of salmonella ]]></title><link>http://www.beasleyallen.com/news/Ready-to-eat-meat-products-recalled-due-to-risk-of-salmonella/</link><guid>http://www.beasleyallen.com/news/Ready-to-eat-meat-products-recalled-due-to-risk-of-salmonella/</guid><category>Firm Announcements</category><pubDate>Fri, 12 Mar 2010 06:03:00 +0000</pubDate><description><![CDATA[ <p>Nearly 2 million chicken and beef products from two different distributors are being recalled because the foods may be contaminated with salmonella, according to the U.S. Department of Agriculture Food Safety and Inspection Service (FSIS).</p><p>The recall includes approximately 1.7 million pounds of ready-to-eat beef taquito and chicken quesadilla products produced by Windsor Foods of Lampasas, Texas, and Oakland, Miss. An additional 115,700 pounds of ready-to-eat beef products made by Ruiz Foods in Denison, Texas are also being recalled. The packages of meat products from both companies contain an ingredient, Hydrolyzed Vegetable Protein (HVP) that was previously recalled by FSIS.</p><p>FSIS first announced a recall of the HVP product on March 4, 2010. The subsequent recall was initiated on the Windsor Foods and Ruiz Foods products because the HVP ingredient was added after salmonella prevention steps were applied.</p><p>Salmonella can cause a common bacterial food borne illness, which can be life threatening, especially to those with weak immune systems such as infants, the elderly, and persons with HIV infection or undergoing chemotherapy. Symptoms of salmonella generally involve diarrhea, abdominal cramps, and fever within 72 hours of consumption. Additional symptoms that may develop include chills, headache, nausea, and vomiting that can last up to seven days.</p><p>For a full list of recalled products, visit the <a href="http://www.fsis.usda.gov/FSIS_Recalls/Open_Federal_Cases/index.asp">FSIS Web site</a>.&nbsp;</p><p>Site: <a href="http://www.beasleyallen.com/" title="Beasley Allen">Beasley Allen</a></p>]]></description></item><item><title><![CDATA[ Infant deaths prompt CPSC warning about sling carriers ]]></title><link>http://www.beasleyallen.com/news/Infant-deaths-prompt-CPSC-warning-about-sling-carriers/</link><guid>http://www.beasleyallen.com/news/Infant-deaths-prompt-CPSC-warning-about-sling-carriers/</guid><category>Firm Announcements</category><pubDate>Fri, 12 Mar 2010 06:03:00 +0000</pubDate><description><![CDATA[ <p>WASHINGTON, D.C.- The U.S. Consumer Product Safety Commission (CPSC) is advising parents and caregivers to be cautious when using infant slings for babies younger than four months of age. In researching incident reports from the past 20 years, CPSC identified and is investigating at least 14 deaths associated with sling-style infant carriers, including three in 2009. Twelve of the deaths involved babies younger than four months of age.<br /><br />Slings can pose two different types of suffocation hazards to babies. In the first few months of life, babies cannot control their heads because of weak neck muscles. The sling's fabric can press against an infant's nose and mouth, blocking the baby's breathing and rapidly suffocating a baby within a minute or two. Additionally, where a sling keeps the infant in a curled position bending the chin toward the chest, the airways can be restricted, limiting the oxygen supply. The baby will not be able to cry for help and can slowly suffocate. <br /><br />Many of the babies who died in slings were either a low birth weight twin, were born prematurely, or had breathing issues such as a cold. Therefore, CPSC urges parents of preemies, twins, babies in fragile health and those with low weight to use extra care and consult their pediatricians about using slings.<br /><br />Two months ago, the Commission added slings to the list of durable infant products that require a mandatory standard. Additionally, CPSC staff is actively investigating these products to determine what additional action may be appropriate. Until a mandatory standard is developed, CPSC is working with ASTM International to quickly complete an effective voluntary standard for infant sling carriers.<br /><br />CPSC recommends that parents and caregivers make sure the infant's face is not covered and is visible at all times to the sling's wearer. If nursing the baby in a sling, change the baby's position after feeding so the baby's head is facing up and is clear of the sling and the mother's body. Parents and caregivers should be vigilant about frequently checking their baby in a sling.<br /><br />CPSC is interested in receiving incident or injury reports that are directly related to infant slings. You can do this by visiting www.cpsc.gov/cgibin/incident.aspx or call CPSC's Hotline at (800) 638-2772.</p><p>Site: <a href="http://www.beasleyallen.com/" title="Beasley Allen">Beasley Allen</a></p>]]></description></item><item><title><![CDATA[ 'Smoking Gun' memo may seal Toyota's fate ]]></title><link>http://www.beasleyallen.com/news/'Smoking-Gun'-memo-may-seal-Toyota's-fate/</link><guid>http://www.beasleyallen.com/news/'Smoking-Gun'-memo-may-seal-Toyota's-fate/</guid><category>Firm Announcements</category><pubDate>Thu, 11 Mar 2010 06:03:00 +0000</pubDate><description><![CDATA[ <p><b>Memo released by Toyota today is "smoking gun" revealing safety sacrifices</b></p><p><img style="float: left; border: 1px solid black; float: 10px;" src="http://www.beasleyallen.com/images/bigt.jpg" width="317" height="153" />Reports have surfaced today that Toyota officials were forced to turn over a memo produced by its own factory workers in 2006, which raised their fears about safety issues in the manufacturing process. According to the <a href="http://business.timesonline.co.uk/tol/business/industry_sectors/engineering/article7058007.ece#cid=OTC-RSS&amp;attr=1185799">TimesOnline</a>, the memo is a "smoking gun" that proves management was made aware of a looming disaster due to an emphasis on profits over production standards.</p><p>The TimesOnline reports the 2-page memo was written by longtime employees and sent directly to Toyota president Katsuaki Watanabe. The workers warned that they were witnessing a decline in craftsmanship and a rush in production that prevented adequate safety standards. They warned that increasing problems were piling up not only at the manufacturing level, but in the planning stages for new vehicles, according to the report.</p><p><a href="http://motorcrave.com/congress-wants-potentially-incriminating-toyota-memo/5440/">MotorCrave reported yesterday</a> that Congress had demanded access to the memo, which it reports was uncovered by the Los Angeles Times over the weekend.<a href="http://motorcrave.com/congress-wants-potentially-incriminating-toyota-memo/5440/"></a></p><p>The October 3, 2006 memo was sent by Tadao Wakatsuki,  chairman  of the All Toyota Labour Union, to Katsuaki Watanabe, president of  Toyota  Motor.</p><p>Written in Japanese, here are translated highlights:</p><ul><li> Between 2000 to 2005 Toyota was forced to recall more than million  cars, a  higher proportion of total vehicle recalls than other carmakers. </li><li> Toyota faces a serious problem that could threaten the survival of the   company if it is not more thorough in identifying problems and their  origins. </li><li> The company is threatened by: combining vehicle platforms, the sharing  of  parts between models, the outsourcing of planning, a shortage of  experimental data on prototypes because of shortened development time, a   shortage of experienced specialists and an increase in working hours for   employees. </li><li> We are worried about the processes that are vital for manufacturing  safe  cars, but that ultimately may be ignored &hellip; in the name of competition. </li><li> Requests: a priority on safety, a review of cost-reduction measures,  better  training for contract workers, a return to craftsmanship. </li></ul><p>Site: <a href="http://www.beasleyallen.com/" title="Beasley Allen">Beasley Allen</a></p>]]></description></item></channel></rss> <!-- 0.025 seconds. --> 