Ineffective Government, Ineffective Regulation
Even in the best of times for the government, I generally view plaintiffs’ lawyers as the new regulators. Government regulation is generally underfunded at best, corrupt at its worst. And now, things have gone from bad to worse. With a government shutdown, absurdly partisan fights, and whispers of default, you can only imagine that subtle regulation and oversight goes by the wayside.
Here are ten examples of a lack of government oversight and the results. Hopefully we don’t have ten more just from this month.
Vioxx
Patients who took the drug for 18 months suffered a greater likelihood of heart attacks and strokes. Merck, the drug’s manufacturer, voluntarily recalled its worldwide stock, and in 2007, it paid out $4.85 billion to settle 27,000 lawsuits from those injured or the families of those who died as a result of the drug. “Merk’s Viox Nightmare,” http://content.time.com/time/specials/packages/article/0,28804,1908719_1908717_1908537,00.html.
Toyota Gas Pedals
Though vehicles in the U.S. are subject to safety regulations, the faulty gas pedals on a number of Toyota vehicles led to more than 9 million cars worldwide being taken back to dealerships for repairs. The pedals had a tendency to stick and caused unintended acceleration, and as a consequence, led to a number of accidents. “Toyota’s Faulty Pedals,” http://content.time.com/time/specials/packages/article/0,28804,1908719_1908717_1957847,00.html.
Window Blinds
More than 50 million roll-up and Roman window blinds were recalled because they posed a strangulation hazard to children. Eight children died and many more were strangled in the cords to these window blinds. The Consumer Protection Safety Commission stated, following this 2009 recall, that it needed to focus on prevention rather than simply recall. Elizabeth Leamy and Vanessa Weber, “50 Million Blinds Recalled Following Child Deaths,” http://abcnews.go.com/GMA/ConsumerNews/50-million-blinds-recall-child-deaths/story?id=9336171
Spinach
Hundreds of people became ill and three died after it was found that fresh spinach was contaminated with E. coli. Even after this outbreak, investigators remained at a loss as to how the products became contaminated, though the leading theory was that the farmers growing spinach were using contaminated water in irrigating the crops. Jane McGrath, “10 Costly Food Recalls” http://money.howstuffworks.com/10-food-recalls.htm
Menu Foods Pet Food
The injured parties were not human, but this remains one of the largest recalls in U.S. history. Many animals became ill and 14 died after eating Menu Foods pet foods containing the chemical melamine, which can cause kidney failure in animals. More than 60 million cans and packages of the food were recalled, and ultimately, the company reached a $24-million settlement with pet owners suing for veterinary bills, and an additional $8 million were paid out to the affected customers. McGrath
Wellbutrin XL
Millions of patients seeking pharmaceutical relief for severe depression and anxiety took the FDA-approved medicine despite a lack of federal testing on the higher dosage. It was found that the drug did not work, and symptoms for many patients actually increased. The FDA admitted it hadn’t tested the higher dosage, but had assumed since a lower dosage had proven effective for some patients, the higher amount would have similar results; it didn’t. David Maris, “A Drug Recall that Should Frighten Us All about the FDA,” http://www.forbes.com/sites/davidmaris/2012/10/10/fda-recall-points-to-serious-problems-at-the-fda/
Drop-side Cribs
Over the period from 2007-2009 and despite a number of redesigns, Simplicity recalled more than a million cribs designed to drop on one side for parents’ easy access to the baby. The cribs were linked to at least three infant deaths, as the side easily broke and created a gap between the crib’s side and the mattress where a child could become trapped and suffocate. http://content.time.com/time/specials/packages/article/0,28804,1908719_1908717_1908529,00.html
Bextra
Though its manufacturer, Pfizer, first began acknowledging there were increased risk of heart issues in 2004, it wasn’t until April 7, 2005 that the FDA sought the recall of Bextra, a.k.a. Celebrex. The drug was found to not only pose concerns for the heart but also cause “life-threatening” skin reactions. Aaron Smith, “Pfizer pulls Bextra off the Market” http://money.cnn.com/2005/04/07/news/fortune500/bextra/
Peanut Butter
It was only after a deadly salmonella outbreak hit in 2009, killing eight people, that the FDA investigated facilities owned by the Peanut Corp. of America. The processing facility was found to be infested with rodents and roaches, that waste had contaminated the food supplies, and that mold was lining the ceilings and walls inside the building. McGrath
Aqua Dots
The toy, made of small colorful beads that stuck together with water, turned to be very dangerous if ingested. Two children swallowed the beads and were comatose for hours while another was hospitalized for five days. The Chinese-made craft was found to metabolize into the date rape drug gamma hydroxybutyrate and was pulled from the shelves in 2007. “When toys attack: 5 dangerous toy recalls,” http://www.wcvb.com/holidays/When-toys-attack-5-dangerous-toy-recalls/-/17013108/4690684/-/c8jigpz/-/index.html