The man, 57, whose identity and current city of residence are withheld at his request, sued last August after he was diagnosed less than one year earlier with mesothelioma, an always fatal cancer linked to asbestos exposure, according to court documents.

Weitz & Luxenberg attorney Daniel Wasserberg, Esq., said, “Our client was a construction worker who, in the 1970s and 1980s, helped install underground water and sewer lines. These pipes — 6 to 48 inches in diameter — were made of a concrete-asbestos composite material for strength but also for ease of fabrication. The defendants made, sold or delivered them.”

The plaintiff’s job in part was to cut asbestos-concrete pipes so they could be properly laid and connected beneath public and private streets in and around the Sacramento Valley city of Chico, court documents show.

However, according to the court filing, the task of cutting this particular type of pipe posed extreme health risks.

“Our client performed his work with a gasoline-operated saw,” said Brent Zadorozny, Esq., a Weitz & Luxenberg California mesothelioma attorney. “The cuts generated an enormous amount of cement-asbestos dust, which flew in every direction from the saw’s whirring blades and engine exhaust blast. This veritable snowstorm of asbestos dust was at times so thick you couldn’t see the person standing three feet away from you.”

By the end of each workday, the plaintiff was covered from head to toe in a thick layer of asbestos dust, said Stephen Healy, another Weitz & Luxenberg California mesothelioma attorney and the author of a law textbook on asbestos litigation.

Asbestos is a mineral once widely used in the U.S. as an ingredient in the manufacture of more than 3,000 consumer and industrial products, including shipboard thermal insulation, automobile brake pads, and home roofing and siding products. However, inhalation of “asbestos dust and particles is known to cause malignant mesothelioma, lung cancer, other cancers, asbestosis, and other life-threatening health problems that typically surface decades after exposure,” explained Healy.

Malignant mesothelioma is a rare form of cancer that affects the thin membranes lining organs in the chest (pleura) and abdomen (peritoneum), Healy said. “Mesothelioma is closely linked with asbestos; the only known and scientifically established cause of malignant mesothelioma is from asbestos exposure,” he continued. “Malignant mesothelioma is generally fatal within eight to 16 months of initial onset of symptoms.”

In the litigation just settled, the defendants — two from Southern California, the others from out of state — contended there was no asbestos exposure because their products were not delivered to the construction sites where the plaintiff worked or at the times he worked there, court records show.

The Weitz & Luxenberg California mesothelioma lawyers countered with documents they uncovered indicating that the pipes at issue were in fact delivered where and when the plaintiff worked, said Benno Ashrafi, Esq., head of Weitz & Luxenberg in Los Angeles.

“As so often happens in these kinds of cases, the key to eventually prevailing is solid detective work,” Ashrafi said. “It’s a lot like looking for a needle in a haystack because the evidence is often buried way down deep somewhere within thousands and thousands of pages of records. Weitz & Luxenberg happens to be exceptionally good at hunting down information we hope will tip the scales of justice in favor of our clients.”

The trial originally was to be held in Los Angeles, although the injury occurred in and around Chico. “Los Angeles was where most of our client’s expert witnesses were,” explained Ari Friedman, Esq., a Weitz & Luxenberg Los Angeles office California mesothelioma attorney who also worked on the case. “However, despite our objections, the defendants were able to have the trial be moved to Chico, more than 400 miles to the north. In the end, this did nothing to prevent us from fully pressing our case. If anything, the relocation handed us yet another opportunity to demonstrate that Weitz and Luxenberg will go anywhere and do everything to fight for justice for our clients.”

Name of product: Bicycle Handlebars

Units: About 2,000 in the United States and 70 in Canada

Importers: Euro Asia Imports, of La Crescenta, Calif., The Merry Sales Co., of South San Francisco, Calif. and Bicycle Technologies Intl., of Santa Fe, N.M.

Manufacturer: Nitto Co Ltd., of Japan

Hazard: The recalled bicycle handlebars can break while the user is riding the bike, resulting in loss of control and a fall hazard.

Incidents/Injuries: Two incidents of the handlebars breaking have been reported, including one involving a fall and a cut to the rider’s leg.

Description: This recall involves Nitto aluminum bicycle handlebars with model number B259AA. They were sold in the following colors: red, blue, black, gold, green, pink and silver. “NITTO” and “B259″ are printed at the end of the handlebars.

Sold by: Bicycle specialty stores and dealers nationwide from January 2008 through July 2011 for between $60 and $80.

Manufactured in: Japan
Remedy:  Consumers should immediately stop using the recalled handlebars and contact Euro Asia Imports to receive free replacement handlebars.

Consumer Contact: For additional information, contact Euro Asia Imports toll-free at (888) 662-1814 between 8 a.m. and 5 p.m. PT Monday through Friday, or visit the firm’s website at www.euroasiaimports.com.

Name of product: Super Luchamania Action Figures

Units: About 7,000 packs

Importer/Distributor: Lee Carter Co., of San Francisco, Calif.

Hazard: The surface paints on the action figures contain excessive levels of lead which is prohibited under federal law.

Incidents/Injuries: None reported

Description: The recalled Mexican wrestling Super Luchamania action figures were sold in packs of 12.  The multi-colored action figures are plastic, have plastic capes and measure about four inches tall. “Super Luchamania” is printed on the action figures’ packaging.

Sold at: Various Mexican specialty craft stores nationwide from June 2000 through October 2011 for between $12 and $14 per pack.

Manufactured in: Mexico

Remedy: Consumers should immediately take the recalled action figures away from children and return them to Lee Carter Co. for a full refund or credit towards a replacement product.

Consumer Contact: For additional information, consumers should call Lee Carter Co. collect at (415) 824-2004 anytime, or visit the firm’s website at www.leecartercompany.com.

The settlement resolves staff allegations that HP knowingly failed to report immediately to CPSC, as required by federal law, that certain lithium-ion battery packs contained a defect or created an unreasonable risk of serious injury or death.  The lithium-ion battery packs can overheat, posing a fire and burn hazard to consumers.  The packs were shipped with new HP Notebook computers, sold as accessories or provided as spare parts for various HP models.

CPSC staff alleges that by September 2007, HP knew of about 22 incidents associated with the lithium-ion battery packs.  At least two of these incidents resulted in injuries to consumers.  HP also was aware that at least one consumer apparently went to the hospital.  HP did not receive any information on the consumer’s injuries or treatment, if any.  CPSC staff also alleges that between March 2007 and April 2007, HP conducted a study, from which it obtained additional information about the lithium-ion battery packs.

HP did not notify the Commission about the incidents or the study until July 25, 2008.  By that time, CPSC staff alleges that the firm was aware of at least 31 incidents involving the lithium-ion battery packs.

In October 2008, HP and CPSC announced a recall of about 32,000 lithium-ion battery packs.  HP sold notebook computers for between $700 and $3,000 that contained the lithium-ion battery packs, as did computer and electronics stores nationwide and various Web retailers.  Lithium-ion battery packs that were sold separately for use with the notebook computers retailed for between $100 and $160.

Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC.

In agreeing to the settlement, HP denies CPSC staff allegations that the lithium-ion battery packs (or the notebooks with which the packs were used) could create an unreasonable risk of serious injury or death, or that HP violated the reporting requirements of the Consumer Product Safety Act.

The Semi Truck Accident Victims Center says, “Our biggest worry is always trying to get an immediate response for the innocent victims of an accident involving a semi truck, or commercial vehicle, or their family members, especially when it involves an accident in Florida.” They say, “If an innocent driver, or occupants of a passenger vehicle get involved in a semi truck or commercial vehicle accident anywhere in the US, we will respond instantly. We are available 24 hours a day, 7 days a week. These types of horrific Florida accidents involving a semi truck, and a passenger vehicle frequently happen at night, or on weekends, or out in the middle on no where, and we are always ready to provide a family, or loved ones with instant help.” For more information victims of an accident involving a commercial truck or semi truck can call the Semi Truck Accident Victims Center anytime at 866-714-6466, or contact the group via its web site at www.SemiTruckAccidentVictimsCenter.Com.

Name of product: 2012 Model Year Giant Defy Advanced and Avail Advanced Bicycles

Units: About 900

Importer: Giant Bicycle, Inc., of Newbury Park, Calif.

Hazard: The fork can crack, posing a fall hazard to riders.

Incidents/Injuries: None reported

Description: This recall involves all 2012 model year men’s Giant Defy Advanced 0, 1 and 2 model bicycles and the women’s Giant Avail Advanced 0, 1, and 2 model bicycles.  “Giant” and the model name are printed on the bicycle. The bicycles are various colors and sizes.

Sold by: Authorized Giant Bicycle dealers nationwide from August 2011 through November 2011 for between $3,000 and $4,550.

Manufactured in: Taiwan

Remedy: Consumers should immediately stop riding the recalled bicycles and contact any authorized Giant Bicycle dealer for a free inspection and replacement of the fork.

Consumer Contact: For additional information, contact Giant Bicycle toll-free at (866) 458-2555 between 9 a.m. and 4 p.m. PT Monday through Friday or visit the firm’s website at www.giant-bicycles.com.

Photos available at http://www.cpsc.gov/cpscpub/prerel/prhtml12/12088.html

The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov.

CPSC Media Contact: (301) 504-7800       

SOURCE U.S. Consumer Product Safety Commission

DePuy ASR Hip Recall Fallout Illustrates Need For New Legislation

In 2007, DePuy agreed to pay $84.7 million in fines to settle criminal charges, alleging that the company paid kickbacks to doctors who used their hips and knees.** In the aftermath of that settlement, DePuy agreed to publicly disclose payments made to doctors. According to Bloomberg Businessweek, one orthopedic surgeon who helped design the ASR hip replacements was paid more than $3 million “in royalty income for intellectual property and/or product development” in 2009 and 2010; another doctor compensated by DePuy was paid $552,000 for similar services. In addition to receiving payments for product development, these doctors frequented DePuy meetings in support of the ASR products and actively promoted them to their peers. During these meetings, attendees raised issues regarding the high failure rate of the ASR hips, the metal debris generated by the ASR hips, and severe complications caused artificial hip implants. In response, the handsomely compensated doctors assured other orthopedic surgeons that the ASR implants were not only safe, but the best artificial hips available on the market. Thus, other orthopedic surgeons attending these conferences, who were not receiving compensation from DePuy, were often victims of these practices as well.

In August 2010, DePuy Orthopeadics, a subsidiary of Johnson & Johnson, issued a voluntary worldwide hip replacement recall of its ASR hip implant systems, after receiving data from the National Joint Registry of England and Wales that 1 out of every 8 patients (12%-13%) who received the ASR hip implants had to undergo revision surgery within five years of implant.*** The recall affected approximately 37,000 Americans.

Bernstein Liebhard LLP Partner Felecia L. Stern commented, “Many of our clients ask if there is some way of determining whether their doctor received payments from DePuy for recommending the ASR hip implant. This new law will help patients received the full information they deserve.”

According to the New York Times, at least 3,500 hip replacement lawsuits have been filed over the hip implants that were subject to the ASR hip recall.**** The lawyers at Bernstein Liebhard LLP are actively filing cases on behalf of individuals allegedly injured by the artificial ASR metal-on-metal hip implants in In re: DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (“MDL No. 2197”).

Since Johnson & Johnson issued its hip replacement recall 2010, Bernstein Liebhard LLP has provided a wealth of consumer information concerning the ASR hip systems on its website, http://www.consumerinjurylawyers.com. If you or a loved one received a DePuy ASR hip implant during hip surgery and have experienced hip replacement pain or had to undergo revision surgery, you may be entitled to compensation for medical bills, pain and suffering, lost wages and other injuries.

“Last month’s NTSB recommendation will lead state legislatures to consider a range of bills to address distracted driving during 2012,” said AAA Vice President of Public Affairs Kathleen Marvaso.  “Few states have given serious legislative consideration to full cell phone bans, but AAA expects continued progress in our campaign to pass laws banning texting while driving in all 50 states, as well as enacting full wireless bans for new teen drivers and laws that increase penalties for drivers who crash or commit violations while driving distracted.

“AAA will also continue to work with legislators and other safety advocates in statehouses across the country to pass lifesaving laws that improve teen driver licensing and increase seat belt and child safety seat requirements.”

AAA’s top traffic safety priorities in the states include:

Texting while driving bans: AAA in 2009 launched a national campaign to pass laws banning text messaging while driving in all 50 states. Five states enacted these laws in 2011, increasing the number of states to 35 with laws prohibiting all drivers from texting. AAA expects nearly every one of the 15 remaining states to consider this legislation in 2012.

Teen driver safety: The push for graduated driver licensing (GDL) for new teen drivers isn’t new, yet nearly every state still has opportunities to improve these laws that save lives and reduce crashes by easing teens into driving. While some advocates focused on Congressional legislation to incentivize states to improve GDL systems, AAA worked for significant improvements inNorth Dakota and Pennsylvania in 2011. This year presents opportunities for states to improve safety by increasing the age and requirements for getting a license, banning the use of wireless communications devices for novice drivers, and adding or improving limits on teen passengers and nighttime driving for newly licensed teens. Just six states (Delaware, Indiana,Michigan, New York, Oklahoma, and West Virginia) have GDL systems that meet AAA’s guidelines for nighttime limits, passenger limits, and practice requirements.

Booster seat laws: Despite their proven ability to reduce injuries and deaths for child passengers, three states (Arizona, Floridaand South Dakota) continue without booster seat requirements. Georgia and California increased their booster seat ages in 2011, leaving 19 states with booster seat laws that fall short of meeting safety experts’ guidelines, which include all children under age 8.

Primary seat belt laws: AAA and other safety advocates will continue to work to improve laws in the remaining 18 states without a primary belt law, as well as attempt to increase fines in some states with weak penalties and expand seat belt requirements to include back seat passengers in remaining states. Primary seat belt laws have repeatedly been shown as a low cost way for states to quickly increase belt use, reduce traffic deaths, and lower the cost of crashes.

Move over laws: Every state except Hawaii and the District of Columbia requires drivers to slow down and, if safe, “move over” when passing an emergency vehicle that is actively working on a roadway. Additionally, 45 states, including Arizona, New Yorkand Texas, which improved their laws in 2011, also require drivers to move over for tow trucks. AAA will continue to promote these laws in the remaining states.

The US Drug Watchdog indicates symptoms of the recalled ASR DePuy hip implant failure include:

• Pain in the Hip Region
• Problems While Walking or The Inability to Walk
• Swelling of the Hip
• General Discomfort
• Lack of Flexibility

The US Drug Watchdog is the premier private pharmaceutical watchdog in the United States. The group says, “Tragically the Internet is loaded with misleading ads about ASR DePuy hip implant compensation, lawsuits, or class actions; unfortunately most of the attorneys or law firms advertising for help with the ASR DePuy hip implant failures are middlemen marketing law firms–not the actual trial law firms that will prosecute these cases.” They say, “We want to make certain all ASR DePuy hip implant victims get to the actual trial law firms or attorneys that have the best record in achieving superior results for their clients–period–no middleman marketing law firms, or attorneys.” For more information please contact the US Drug Watchdog anytime at 866-714-6466, or contact the group via its web site at http://USDrugWatchdog.com.