Posted On: March 27, 2009

Class Actions For Unlawful Strip Searches

Recently, a senior US district judge in Philadelphia, PA issued a 49 page ruling allowing a class action to continue against the company that ran a nearly 1,900-bed Delaware County (PA) Prison. The judge ruled that prisons cannot routinely strip search drunk drivers and other non-drug, non-violent arrestees without reason to think they are hiding contraband.

Courts in nine other federal districts have similarly discussed the humiliation inherent in visual or bodily searches and have held that the Fourth Amendment protection from search and seizure needs to be balanced against a prison's need to maintain order. Accordingly, numerous class actions have been filed across the country against the operators of prisons and the cities/counties they reside in.

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Posted On: March 25, 2009

Consumer Alert: Acai Berry Scams

Have you heard of the acai berry? This dark-colored, grape-sized fruit, native to Central and South America, is gaining in mainstream popularity. The berry is increasingly being marketed and sold as a dietary supplement and as an added ingredient in fruit drinks, smoothies, ice creams, and sorbets.

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Posted On: March 20, 2009

Continuous Shoulder Pain After Arthroscopic Surgery?

We have previously reported here that pain pumps used on patients' shoulders post-operatively have led to an increasing number of cases of PAGCL, or postarthroscopic glenohumeral chondrolysis. In fact, almost 63% of patients on which a pain pump was used following shoulder surgery may develop PAGCL. Many patients, however, are reporting problems obtaining the correct diagnosis for their injury and have not been apprised by their doctors of the relationship that exists between their continuous shoulder problems and the pain pump that was used on their shoulder following surgery.

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Posted On: March 13, 2009

Maytag Recalls 1.6 Million Refrigerators Due to Fire Hazard

On March 10, 2009, the U.S. Consumer Product Safety Commission (CPSC), along with Maytag Corporation, headquartered in Newton, Iowa, initiated a recall of approximately 1.6 million refrigerators, as a result of a significant risk of fire hazard

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Posted On: March 11, 2009

Preemption Update: Colacicco v. Apotex, et al.

On March 9, 2009, the United States Supreme Court granted petitions for writs of certiorari in two cases that were pending from the Third Circuit Court of Appeals: Colacicco v. Apotex, et al., 08-437, and Pa. Employees Benefit Trust Fund v. Zeneca, 07-822. The High Court ordered further review in each case in light of its decision last week in Wyeth v. Levine.

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Posted On: March 6, 2009

MRI Transdermal Patches --- Risk of Skin Burns

The U.S. Federal Food & Drug Administration is warning healthcare professionals today that transdermal patches (medicated patches applied to the skin) “containing aluminum or other metals in the backing of the patches, can overheat during an MRI scan and cause skin burns in the immediate area of the patch.”

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Posted On: March 5, 2009

Preemption Update: Wyeth v. Levine

Yesterday, in a 6-3 decision handed down in Wyeth v. Levine, No. 06-1249, the United States Supreme Court struck a thunderous blow to Big Pharma’s most treasured defense tactic: conflict preemption.

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