Thursday, May 20, 2010

Get Compensated for Tylenol Recall 2010


2010 has been a year of public disgrace for Johnson & Johnson, with its over-the-counter medicinal products being recalled twice due to production problems. Recently, on April 30, 2010, McNeil Consumer HealthCare, a drug manufacturing unit of Johnson & Johnson, recalled seven Tylenol, Motrin, Zyrtec and Benadryl batches. According to the company reports, McNeil is voluntarily recalling all the lots of these drugs, even those that are not expired, because they fail to meet the prescribed quality standards. One of the major reasons cited by the company is higher concentration of active ingredients in the medicines.

This is, of course, not the first time that a drug has been recalled. In most cases, a drug recall initiative is preceded by several consumer reports against the manufacturer. In the above mentioned case, there have been several media reports about health hazards due to Tylenol consumption. McNeil has initiated a public complaint redressal campaign following the recall. However, seeking just compensation through a corporate redressal system can be a daunting task.


How to Seek Compensation in a Drug Recall Case?

In case you have consumed a recalled drug, visit your regular physician to undergo a complete check up. If you have suffered any health-related problems due to the manufacturer’s fault, you can claim just compensation.

To this end, you will need to lodge a complaint with the recalled drug manufacturer. In the above mentioned case, McNeil has set up a dedicated phone line and email ID that individuals affected by Tylenol can use to file complaints. You can also notify the Food and Drug Administration (FDA) regarding negligence of the manufacturer.

In most cases, drug manufacturers take such issues seriously and respond to the customer complaints. However, if they do not respond or if you are not satisfied with their response, you have the option of taking legal recourse to seek compensation. This means that you will need to file a lawsuit in the court under consumer protection laws. The easiest way to go about this is to contact a drug recall law expert who can guide you through the procedure to file a lawsuit and help you receive the compensation you deserve.

About Solomon Neuhardt:



Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.


Friday, May 14, 2010

How to Get Compensated for Food Poisoning

According to the data available with the US National Institutes of Health, approximately 76 million cases of food poisoning are reported each year. This statistic might seem a bit remote if you are amongst the un-afflicted. However, if you have ever had the misfortune of falling prey to this illness, you might want to familiarize yourself with some of the facts given below.

Causes of Food Poisoning

food poisoning can occur due to several reasons; however, inadequately cooked food, improper storage, contaminated ingredients and unhygienic cooking conditions are the primary reasons. In most cases, food poisoning may cause severe headaches, chills, fever, diarrhea, vomiting, fatigue and stomach cramps. Usually, the victim recovers from the symptoms of food poisoning within a period of one or two days. However, in case of severe contamination, the patient will require hospitalization.

The treatment for food poisoning begins by testing the person’s blood, stool or vomit. Once the medical reports confirm the intake of contaminated food, the doctor provides proper medication to treat the infection. Rarely, diagnostic tests for food poisoning can conclude harmful diseases, such as Botulism and E.coli.

How to Claim for Compensation in a Food Poisoning Case

Food poisoning cases come under the purview of the Food and Drug Administration (FDA) in the US. A person who has suffered from food poisoning can file a personal injury lawsuit to seek valid compensation. The lawsuit can also be filled by a family member, friends or associates, in the event of the patient’s death due to food poisoning.

To file a personal injury claim, medical reports that prove the food poisoning incident are the most crucial evidence. However, the biggest challenge is to identify and provide evidence against the company or food vendor who had sold the contaminated product(s).
General evidence includes:
  • Payment receipts
  • Order records
  • Packaging
  • Left-over of the food product, if any
Many times, even health insurance companies refuse to compensate for food poisoning cases, which they consider an exclusion. In such a situation, the victim can file a lawsuit against both the food vendor/company and the insurance company.

Consulting a legal expert with experience in handling food poisoning cases is certainly of great help. An experienced solicitor will guide you through the standard procedure to initiate a claim and also help in collecting the relevant evidence necessary to receive just compensation.

About Solomon Neuhardt:



Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.