Stroller Recall
Maclaren has issued a voluntary recall on approximately one million strollers due to a defect that places babies at risk of finger amputation. Currently, there have been at least 12 babies or toddlers who have lost their fingers after they got caught in the stroller hinges.
The U.S. Consumer Product Safety Commission has urged consumers to stop using the defective strollers at once. Maclaren has announced that they will provide consumers with a free repair kit to correct the problem with the defective hinges.
The defective strollers possess hinges that open and close with an "umbrella" mechanism. Young children are at risk of fingertip laceration and amputation while the stroller is unfolding.
The stroller models affected date back to 1999, retail between $100 and $400, and are sold at stores such as Target and Babies R Us. The product recall covers the following models:
- Volo
- Triumph
- Quest Sport
- Quest Mod
- Techno XT
- Techno XLR
- Twin Triumph
- Twin Techno
- Easy Traveller
Maclaren claims that the strollers meet U.S. safety standards; however, they have chosen to recall the models to alert consumers of the risk of injury when opening and closing the strollers. They have not issued a similar recall for strollers being sold in Europe.
To find out additional information about the recall, you can contact Maclaren at 877-688-2326 or visit www.maclaren.us/recall.
If your child has suffered a finger amputation as a result of using one of these strollers, you may be entitled to receive compensation through a defective product lawsuit. It is important to consult an experienced attorney who can begin filing your claim.
If you have a defective product claim in the Washington, D.C. area, please contact the experienced Washington, D.C. product liability attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C. today to schedule your initial consultation.
Labels: defective product
Baby Food Recall
Plum Organics has recalled apple and carrot baby food products in portable pouches. The product recall has been issued due to concerns of potential botulism contamination.
The baby food manufacturer released a statement indicating that these products do not meet FDA guidelines for acidity level. As a result, they may more easily develop botulism contamination.
Botulism is a serious health condition caused by the development of bacteria in food. In certain situations, it can be life threatening.
Plum Organics has urged consumers to stop feeding these defective products to their babies at once due to this serious health risk. As of now, there have been no reports of illness from the defective baby food, and Plum Organics claims that no other products have been contaminated.
The recalled baby food was sold across the country at Toys-R-Us and Babies-R-Us stores. It came in 4.22-ounce pouches with a "best by" date of May 21, 2010. The UPC code is 890180001221.
If your child develops botulism poisoning from ingesting contaminated Plum Organics baby food, you may be eligible to receive compensation for your child's damages. It is important to consult an experienced defective product lawyer at once to find out the best way to proceed with your case.
If you have a defective product claim in the Baltimore, Maryland area, please contact the Maryland personal injury lawyers at Cohen & Dwin, P.A. today to schedule your free initial consultation.
Labels: defective product
Patio Umbrellas Recalled by Home Depot
The Home Depot in conjunction with the U.S. Consumer Product Safety Commission has filed a voluntary product recall for defective umbrellas. The umbrella can potentially tip over and injure people if they do not remove the umbrella's collar before closing it.
The name of the recalled product is the "Offset Patio Umbrella" and has been sold at Home Depot stores all over the nation from January 2009 through February 2009. The umbrellas sold for about $250 and are approximately 11 feet high.
The Home Depot is encouraging umbrella buyers to stop using the product immediately because they could be putting themselves and their families at risk of injury. No injuries have been reported yet, but there could be people who have suffered injuries and have not reported them.
Defective products can cause many different serious injuries. If you are injured as a result of a defective product, you may be eligible to recover compensation for your injuries.
The Home Depot imported the patio umbrellas from China. If you have purchased one of these defective products, you can return it to any Home Depot store for a full refund.
If you have a defective product claim in the Washington, D.C. area, please contact the Law Offices of Chaikin, Sherman, Cammarata & Siegel, P.C. today to schedule a consultation.
Labels: defective product, recall
Florida Families Flee From Defective Drywall Construction
While there have been numerous stories all over the country of homes having to be reconstructed or repaired after builders installed defective Chinese drywall, Florida may be suffering worse than other states. In Florida, tens of thousands of homes have had Chinese drywall installed, and families are forced to pay for it.
The defective construction product has been tested by the Florida Department of Health as well as the Environmental Protection Agency. Both organizations have found that the defective drywall emits very high amounts of volatile sulfur compounds. There have not been direct links to health problems, but there have been other problems.
For many homeowners, the smell of the defective drywall is unbearable. The Chinese drywall can cause an entire house to smell like sulfur, rotting eggs, or very strong paint. Families suffering from the drywall are now being forced to choose between their family's well being and their finances.
Families are now renting houses as well as paying for repairs being made to their homes, on top of mortgages.
If you have a defective Chinese drywall claim in the Boca Raton, Florida area, please contact the Law Offices of Ellis, Ged & Bodden, P.A. today to schedule a consultation.
Labels: defective construction, defective product
Defective Mercedes-Benz Cars Recalled
When you purchase a new Mercedes-Benz, you expect to be purchasing the best quality available in an automobile. For many California car buyers, this wasn't the case, causing Mercedes-Benz to issue a recall for more than 16,000 vehicles.
The product recall has been issued after an investigation into the cars revealed the seal around the taillights in these vehicles was faulty. The inadequate seal can allow water into the taillight control unit, causing it to short circuit. This has been known to result in a car fire.
Whether the defect is caused by poor design of the product, bad manufacturing, or incorrect assembling, if a defective product injures you or your family, you may be eligible to receive compensation for your damages. A defective product can be very dangerous, and a defective car could result in serious injuries to you and your loved ones.
In this case, the recalled cars may be covered by California's Lemon Law. This law allows car buyers who have attempted to correct their car's problems through the dealers to receive a new vehicle or get their defective vehicle bought back from them.
If you have a defective product claim in the Denver, Colorado area, please contact the Law Offices of Burg, Simpson, Eldredge, Hersh & Jardine, P.C. today to schedule a consultation.
Labels: defective product
Cheese Dip Recall
Mrs. Grissom's Salads has issued a voluntary recall of some of their dips and spreads. The products that are part of the recall include cheese spreads, dips, and pimento cheese spread.
Mrs. Grissom's Salads recalled the products because the Worcestershire sauce used in making them contained anchovies. Anyone with a fish allergy who consumed these products would run the risk of a potentially life-threatening allergic reaction.
The cheese dip products were sold at retail grocery and Dollar Stores throughout Georgia, Kentucky, Indiana, Tennessee, Alabama, Mississippi, and West Virginia. Kenneth Funger, CEO of Mrs. Grissom's Salads, announced that the company discovered the issue two days ago as part of a routine inspection of their Nashville processing plant.
After the many incidents of salmonella caused by the Peanut Corp. of America's gross disregard for public safety earlier this winter, it is refreshing to see the CEO of a food manufacturing company acting responsible when faced with a decision of whether to place human safety over profits.
If you have any of the defective products that are part of this recall, you can return them to the store where you purchased them for a full refund. If you or a loved one has suffered a serious allergic reaction to any of the defective Mrs. Grissom's Salads cheese spreads, you should contact an experienced product liability lawyer immediately. You may be eligible to receive compensation for your damages.
If you have a product liability claim in the Jacksonville, Florida area, please contact the Law Offices of Hardesty, Tyde, Green, & Ashton, P.A. today to schedule a consultation.
Labels: defective product, product liability
Legislation May Restore Victims' Right to Sue for Defective Medical Devices
Our judicial system may be charged with the duty of defending the rights of ordinary citizens who have been injured by the negligent actions of large corporations, but unfortunately, it does not always act in accordance with this duty.
In 2008, the United States Supreme Court delivered a grossly irresponsible ruling that effectively robbed victims of defective medical devices of their ability to hold negligent device makers accountable for their actions. The ruling prevents victims from filing product liability lawsuits against device manufacturers if the defective device was approved for use by the Food and Drug Administration (FDA).
As a result of this misguided ruling, federal and state courts across the country have been dismissing valid claims against medical device manufacturers whose defective products have led to the serious injury or death of many innocent victims seeking essential medical treatment. Instead of protecting injured victims, the Supreme Court has chosen to make it easier for large corporations to flood the market with sub-standard products that endanger the lives of millions of Americans.
One of the companies standing to benefit from this ruling is Medtronic, a medical device manufacturer whose defective Sprint Fidelis defibrillator lead has led to the injury or death of many Americans. More than 235,000 Sprint Fidelis leads were installed in patients between 2004 and 2007, when Medtronic finally recalled their defective device. Many patients were receiving needless jolts of electricity to their heart, while others failed to receive a jolt when necessary. However, since this product was approved by the FDA, the Supreme Court ruling prevents victims and their families from receiving compensation for their injuries.
What is even more alarming is that the Supreme Court is currently hearing a similar case involving defective drugs. If they rule in favor of drug manufacturers, then millions of Americans suffering injuries from taking dangerous or defective drugs will lose their right to sue pharmaceutical companies for compensation.
The FDA is not perfect. Many of the drugs and medical devices they approve for use in this country have not been adequately tested, and as a result, many of these products turn out to be dangerous or defective. Furthermore, it is impossible to conclusively determine all of the side effects of many of the drugs approved for use, since the FDA lacks the time needed to conduct long-term studies on these drugs before approval. By robbing victims of their right to sue for damages, the Supreme Court has removed all accountability and essentially given these companies an ability to push sub-standard products onto the market when they will help boost profits.
Congress is currently trying to pass legislation that will nullify the Supreme Court's 2008 ruling in an attempt to restore accountability and provide victims with the rights they deserve. Hopefully, this legislation will pass sooner than later.
It is important to consult an experienced product liability attorney if you have been injured by a defective medical device. If this new legislation passes before your case comes to trial, you will most likely be able to receive the proper compensation you deserve.
If you have a defective product claim in the Washington, D.C. area, please contact the Law Offices of Chaikin, Sherman, Cammarata, & Siegel P.C. today to schedule a consultation.
Labels: defective product, product liability
Peanut Manufacturer Knew Product was Contaminated
Stewart Parnell, the owner of Peanut Corp. of America, could have prevented the massive salmonella outbreak that has killed nine people and caused more than 600 others to become very ill. But instead, he just ignored the problem and conducted business as usual.
Internal company emails disclosed this week at the House hearing on the salmonella crisis revealed that Parnell knew his peanut products were contaminated with salmonella. Despite this knowledge, he ordered his plant managers to ship the contaminated product to manufacturers of cookies, ice cream and crackers.
Parnell's rationale for such egregious action was strictly driven by money. Had he been responsible and pulled the contaminated product, his company would have lost a huge amount of money. Apparently, profits are more important to Parnell than lives.
It seems that lab tests have detected the presence of salmonella in Peanut Corp. of America's products since 2006. While most ethical and responsible manufacturers would have initiated a product recall, Parnell's response was, "Turn them loose."
The actions of Stewart Parnell are despicable. As consumers, we trust that the manufacturers of the food products we eat will be responsible and adhere to the highest levels of safety standards. When they violate our trust by knowingly releasing contaminated products that can cause us great harm, they must be held accountable for their actions.
Parnell is most likely looking at several hefty wrongful death lawsuits for his negligent and criminal actions. Hopefully, that will be the least of his concerns. He truly deserves to land in jail for his reprehensible actions.
This tragedy has affected hundreds of people across the country. If you have suffered an illness from consuming a contaminated peanut butter product, you must contact an experienced defective product attorney immediately to ensure that your rights are defended.
If you have a defective product or wrongful death claim in the Washington, D.C. area, please contact the Law Offices of Chaikin, Sherman, Cammarata, & Siegel P.C. today to schedule a consultation.
Labels: defective product, wrongful death
Wheelchair Manufacturer Faces $8.5 Million Lawsuit
Invacare Corporation of Ohio, a manufacturer of motorized wheelchairs and hospital beds, has been sued for $8.5 million in a wrongful death and product liability lawsuit.
Karlene Willemsen, a 60-year-old resident of Portland, Oregon, died last year in a fire at her home. The lawsuit alleges that the fire was caused by product defects in Willemsen's wheelchair. Invacare Corporation is the main defendant in the lawsuit, but the family is also seeking compensation from companies that manufacture component parts of the wheelchair as well as companies that sell the product.
The lawsuit claims that Willemsen's wheelchair caught on fire and burned her. She suffered from multiple sclerosis, which inhibited her ability to move. Medical records indicate that she was still alive and fully aware during the fire. She suffered severe burns, physical injuries, and psychological trauma before her death.
This is not the first time that the Ohio-based Invacare Corp. has faced lawsuits over their products. In 2002, the company settled a defective product lawsuit for over $7 million. The case involved another one of their wheelchairs that caught fire and burned an elderly quadriplegic woman. Invacare has also been sued three other times over fatal wheelchair fires. In 2000, the company recalled 200,000 wheelchairs to fix defects in their charging systems.
When companies fail to take the proper steps to ensure that their products are safe for consumers, they may be held liable for injuries caused due to the product defects. It is important to consult with an experienced defective product lawyer if you have been injured due to a product defect. These negligent companies must be held accountable for their actions.
If you have a product liability or wrongful death claim in the Columbus, Ohio area, please contact the Law Offices of Robert W. Kerpsack Co., L.P.A. today to schedule a consultation.
Labels: defective product, product liability, wrongful death
Exploding Cell Phone Kills Man
A computer shop employee was killed at work last week after his cell phone exploded and severed an artery in his neck. The man had just put a new battery in his phone. The accident occurred shortly after the new battery had finished charging.
The phone was in the man's breast pocket at the time of the incident. A coworker who witnessed the accident said that she heard a loud noise. When she looked over, the man was lying on the ground covered in blood.
It is uncertain what type of phone and battery caused the explosion. Police are also looking into the possibility that the phone and battery were counterfeit.
Each day, we use hundreds of products and trust that the manufacturers have taken the proper precautionary measures to ensure our safety. When a defective product fails on us, the consequences can often be severe, leading to serious injury or in extreme cases, wrongful death. It is important to consult an experienced product liability attorney if you have been injured by a defective product. You may be eligible to receive compensation for your damages.
If you have a defective product claim in the Washington, D.C. area, please contact the Law Offices of Chaikin, Sherman, Cammarata, & Siegel P.C. today to schedule a consultation.
Labels: defective product, product liability
GM Recalls Vehicles for Fire Risk
General Motors Corp. hasn't had a very good year. Rising gas prices and layoffs have hit the company hard, and now over 850,000 vehicles are being recalled due to a danger of fire. Vehicles equipped with heated windshield wiper fluid systems may short-circuit, which can lead to a fire. According to the National Highway Traffic Safety Administration (NHTSA), other electrical systems may also malfunction, create smoke, or cause an odor.
Vehicles that are part of this recall include:
- 2007-2008 Cadillac Escalade, Escalade ESV, and Escalade EXT
- 2007-2008 Chevrolet Silverado, Tahoe, Avalanche, and Suburban
- 2007-2008 GMC Acadia, Sierra, Yukon, and Yukon XL
- 2007-2008 Saturn Outlook
- 2006-2008 Buick Lucerne, Cadillac DTS, and Hummer H2
- 2008 Buick Enclave
The NHTSA has said that GM will fix the problem free of charge by installing a wire harness with an in-line fuse.
In addition to this vehicle recall, GM is also recalling nearly 89,000 2008 Buick Enclave, and 2007-2008 GMC Acadia and Saturn Outlook SUVs in 28 states and Washington, D.C. due to a threat of snow or ice build up on the windshield or wipers that may restrict the movement of the wipers, causing them to detach from the motor.
If you have a vehicle you suspect may be defective and put your life at risk in some way, please contact an attorney with experience in product liability in your area. Labels: defective product, recall
Company Refuses to Recall Dangerous Bassinets
Simplicity Inc., a company from Reading, Pennsylvania, made the convertible bassinet known as the Close Sleeper and Bedside Sleeper. Last year, after becoming stuck in the metal bars of the bassinet, a four-month old girl died. Last spring, SFCA, Inc. bought out Simplicity, Inc.'s assets at an auction. Earlier this month, the Consumer Product Safety Commission (CPSC) learned that a five-month old girl from Kansas was trapped in the bassinet's metal bars and strangled to death. And though the CPSC has asked SFCA, Inc. to recall the bassinet, the company has refused.
While the reasons behind the refusal are unclear, the CPSC stated in a press release warning of the dangers that, "SFCA maintains that it is not responsible for products previously manufactured by Simplicity, Inc." In a statement released late today, SFCA said the CPSC warning "does not involve any product it manufactures or distributes." The company said the warning doesn't include bassinets that were manufactured recently that have fabric over the bars.
"All bassinets produced and sold by SFCA are produced in this manner, with fabric permanently attached over the lower bar, and meet or exceed ASTM standards and CPSC guidelines," they said.
The bassinets the CPSC believes are the most dangerous are the Simplicity 3-in-1 and 4-in-1 convertible bassinets that have metal bars spaced more than 2 3/8 inches. The bars are covered by a fabric flap attached by Velcro. When the bassinet is converted into a bedside position, the fabric folds down. If the Velcro is not secured properly when the bassinet is readjusted, infants may become trapped between the metal bars where they can suffocate or strangle.
The issue here seems not to be the fact that this doesn't affect the most recently made bassinets, but that SFCA refuses to inherit the liability of a product that is still being sold. CPSC has asked the company to withdraw a product it knows has injured and killed infants. They have also warned parents to stop using the bassinets immediately. Still, SFCA, who may acknowledge the bassinet has killed in the past seem to be saying since it didn't happen with a product they manufactured, then it doesn't matter if they own the product or not.
Strange behavior for a company that sells products to parents with new babies and takes their money. Some might even call it unconscionable.
If you or a loved one has an infant who was injured by one of these bassinets, please contact an attorney with experience in product liability in your area. For more information, visit US Recall News.
Labels: defective product, recall
BMW Issues Recall for Airbag Failure
BMW has issued a recall on 200,000 cars and SUVs due to the possibility of the passenger side airbag failing. The recall affects 2004 and 2005 5-Series standard and sports models, 2004 to 2006 X3, and the 2006 3-Series with sport seats.
The national Highway Traffic Safety Administration (NHTSA) reported that the passenger-side airbags may deactivate due to wear when a passenger enters and leaves the vehicle. According to the NHTSA website, "Depending on the manner and frequency of the front passenger's entry and exit, small cracs have developed in the (sensor) mat.... [T]he front passenger airbags, with the exception of the head protection system, will be deactivated. They warn that the airbag may not deploy "even if a sufficiently severe accident would occur."
The NHTSA began investigating earlier this year when the Office of Defect Investigation reported the airbag may malfunction. Those models targeted in the initial investigation were the 2004 to 2006 BMW 5 and 7 series, Z4 convertibles and X3 SUVs, and the 2006 BMW 3 and 6 series and X5 SUVs.
BMW has said dealers will repair the system when the recall begins. However, this isn't to begin until late September.
If you or a loved one has been injured due to a defective product, please contact an experienced personal injury lawyer in your area. Labels: defective product
Beef Suspected in E. coli Mass. Cases
Six people who have come down with symptoms of E. coli in Massachusetts may have become sickened through eating beef products. Investigators have said this is the same bacterial strain that has been found in other patients across the country, and in Quebec.
Massachusetts health officials and investigators from the USDA are focusing on ground beef as a possible source of contamination, and are currently collecting samples from several stores. Dr. Bela Matyas of the Massachusetts Department of Public Health, believes that for every person hospitalized, there are many more who have been sickened, but not hospitalized. Dr. Maytas also stated that the strain, E. coli 0157, can cause serious illness. The Massachusetts Department of Health is reminding the public to cook their meat completely to an internal temperature of 160 degrees Fahrenheit to kill the bacteria.
A federal foodborne illness surveillance program called PulseNet makes it possible to test DNA and compare results from across the country. This program is what helped find the link between the Massachusetts cases and those in at least 20 other states.
E. coli 0157 can cause dehydration, bloody diarrhea, and kidney failure. The young, elderly, and those with weakened immune systems are at the most risk.
If you or a loved one has been sickened by contaminated food, please contact an experienced injury lawyer in your area. Labels: defective product
Congress Agrees to Ban Toxins in Toys
Congress has agreed to permanently ban three types of chemicals for children's toys, as well as outlaw three others from pending products. The chemicals, called phthalates, are added to plastic to make them softer and more durable. They are also added to items, such as lotions, perfumes and shampoos. 1999 study conducted by the FDA showed them in every one of the 1000 products tested, proving their ubiquity.
The ban, which will take place in six months, is a major victory for health experts and parents who have been asking the government to remove these harmful chemicals found in toys. It also seems to show that the pendulum is swinging toward consumers and away from the chemical industry and their ability to fight off regulation.
Potential Storm Clouds
While the measure had broad support in Congress, it slowed in the House due to the chemical lobby pouring millions into its defeat. The chemical industry, perhaps unsurprising, was lead by Exxon Mobil. Exxon is the manufacturer of diisononyl phthalate (DINP), one of the most frequently found phthalates in children's toys. This is a further concern for the chemical industry because U.S. companies manufacture $1.4 billion of phthalates annually, and only five percent of those go into children's toys, according to the American Chemistry Council.
On top of the chemical industry fighting to keep phthalates, President Bush has said he'll veto the measure. The President claims there is no evidence that the health concerns are real.
In an Orwellian turn of events, Exxon Mobil contends that by removing phthalates, more children will be exposed to greater risks. They contend that more hazardous chemical will have to be added to replace phthalates.
Phthalates are thought to act as a hormone and cause reproductive problems, especially in boys. In a study conducted in 2005 by the Center for Reproductive Epidemiology, male infants born to mothers with high levels of the chemical in their bodies showed changes related to low sperm count and undescended testicles. Other studies connect phthalates to liver and kidney cancer.
Phthalates have been part of the chemical makeup of thousands of products for nearly half a century. The EU banned six phthalates in 1999, and many other countries have followed suit. California, Washington, and Vermont are the only three states to already have legislation banning these chemicals from children's products. Wal-Mart, Toys R Us, and Babies R Us have also already told their suppliers that they will stop carrying products that contain phthalates beginning January 1, 2009. This gives them one more holiday season in which to sell harmful toys to unsuspecting parents.
If you or a loved one has been injured by a defective product, please contact an experienced injury lawyer in your area. Labels: defective product, governmental affairs
Supreme Court Ruling May Foreshadow Big Pharma Protection
In February, the U.S. Supreme Court ruled 8-1 that a patient injured by a balloon catheter manufactured by Medtronic Inc. was not entitled to damages because Medtronic was shielded from liability. The Supreme Court ruled in Medtronic's favor because the device in question met the specifications of the Food and Drug Administration (FDA). Early last week, former U.S. Solicitor General Paul Clement spoke to the Philadelphia chapter of the Federalist Society that this ruling may be a precursor of "sweeping protections for pharmaceutical makers." Clement served as solicitor general from June 2005 until June of this year.
Clement stated that a case involving a pharmaceutical is up for review this fall and bears a striking resemblance to the Medtronic case last February. In the case coming up, a patient sued Wyeth, alleging the anti-nausea drug Phenergan injured her. She contends Wyeth, the drug's maker is liable, while Wyeth contends the patient violated FDA rules and administered the drug in an unsafe way. Wyeth is based in Madison, N.J. and employs 5,300 people at its pharmaceutical headquarters.
As solicitor general, Clement filed a brief in favor of liability protection for manufacturers of pharmaceuticals. He believes that because the Supreme Court relied on the finding that the FDA extensively tested medical devices in the Medtronic ruling, they will apply the same kind of protections for drug makers. This principle is known as preemption.
Perhaps in a related note, both Chief Justice John Roberts and Justice Samuel A. Alito Jr. were once active members of the Federalist Society, a conservative legal group that leans toward siding with pro-business concerns, and has been the source for many of the Bush administration's judicial nominees and the top executive branch. However, Clement notes that the assumption of the Roberts court being pro-business many not be correct because they have ruled against corporate defendants in many employment cases.
As has been noted elsewhere, the FDA may not be the best judge of what is ready for the market. They are admittedly understaffed and underfunded, and we can assume this will affect all aspects of the agency's oversight, including what medical devices and pharmaceuticals are used by consumers.
If you or a loved one has been injured by a defective pharmaceutical or medical device, please contact an experienced injury lawyer in your area to find out if you have a claim. Labels: corporations, defective pharmaceutical, defective product, FDA
Salmonella Outbreak: More than Just Tomatoes?
The outbreak of Salmonella Saintpaul which has sickened 869 people, and put 107 in the hospital, may have as much to do with the types of food eaten with suspected tomatoes as the tomatoes themselves. The reason is due to the longevity of this outbreak, which began in April. The latest case tied to this particular outbreak was reported on June 20. Over half of the cases have been in Arizona, New Mexico, and Texas. What may be as disconcerting as the fact the outbreak may involve more foods than tomatoes is that Salmonella Saintpaul is an uncommon, and even rare, form of the bacteria.
Dr. David Acheson, associate commissioner for foods at the FDA, says that ten of the 100 laboratories that comprise the country's Food Emergency Response Network have expanded their testing of other foods. However, he won't say what those foods are. Another disconcerting fact, though Acheson says it would be "irresponsible" to say what the foods they are looking at are. Because tomatoes are used in several kinds of recipes and with different foods, it can be left to consumers' collective imagination as to what could possibly be tainted.
The FDA continues to stress that cherry, grape, and on-the-vine tomatoes are not part of the investigation, and that raw tomatoes from many countries and states are not associated with the outbreak. However, the investigation seems to be going slow enough that Michael Leavitt, Secretary of Health and Human Services, acknowledged there was frustration. Furthermore, the United Fresh Produce Association has asked for federal safety regulations in an attempt to allay the fears of consumers.
According to the Centers for Disease Control and Prevention (CDC), there are nearly 1.4 million cases of salmonella poisoning annually in the US. There are approximately 600 deaths each year as a result of these infections, accounting for 31% of all food-related deaths. Symptoms include:
- Diarrhea
- Fever
- Abdominal cramps
- Nausea
- Vomiting
These symptoms can last anywhere from 24 hours to seven days or more. Due to diarrhea and vomiting, dehydration is a serious concern.
If you or a loved one has become sickened due to a food borne bacteria, please contact an experienced injury lawyer in your area to see if you have a claim.
Labels: defective product, FDA
Crib Recall
Cribs made by Jardine Enterprises were recalled on Tuesday because the wooden slats can break. About 320,000 of the Berkley, Hilton, Positano, Spindle, and Windsor crib styles are affected by this recall.
The slats and spindles that break may cause entrapment and strangulation risks for infants in the cribs. There have been a little over 40 incidents reported. Four children have been trapped in the space created by the broken section, and two children - one each in Missouri and Pennsylvania - were bruised and had abrasion.
Scott Wolfson, spokesman for the Consumer Product Safety Commission, states, "Our top message to parents is that babies should not be in this crib tonight or thereafter." He hopes that every parent who has one of the recalled cribs will respond.
The Taipei, Taiwan-based Jardine has the cribs manufactured in China and Vietnam. The defective cribs were sold across the country from January 2002 through May 2008 at major retail outlets including Toys 'R' Us and Babies 'R' Us.
Consumers who purchased this crib should stop using it, and contact Jardine to receive a voucher for a new one.
If your child was injured by a defective Jardine crib, please contact an experienced personal injury lawyer to have your claim evaluated. Labels: defective product
Couple Receives $9.5 Million Settlement in Helicopter Crash
A helicopter manufacturer and parts maker has been ordered to pay a New Hampshire couple $9.5 million for injuries sustained when the tour helicopter they were in crashed on Kaua'i in 2007. Judy and Douglas Barton survived the crash, but both sustained fractured spines. Judy is now paralyzed below the chest, while Douglas has frequent back pain that required he give up his machinist job. Another passenger in the helicopter crash was killed.
The helicopter tour was supposed to last an hour, but came down on the Kaua'i North Shore near Haena Beach Park. Investigators found that extreme metal fatigue, which was a problem with other helicopters of the same make, caused the loss of the tail rotor. 500 of the same helicopter models were grounded worldwide as a result of the crash. Similar defects were found in the tail rotors of two helicopters in New Zealand.
Helicopter manufacturer Boeing and parts maker Aluminum Precision Products are paying the $9.5 million dollars. The Bartons will use the money to pay more than $750,000 in medical expenses, hire in-home health professionals, housekeeping staff, and move out of their mobile home.
It's not exactly winning the lottery, is it?
If you or a loved one has suffered a life-changing spinal injury due to a defective product, please contact an experienced personal injury lawyer in your area. Labels: defective product, spinal injury
Salmonella Outbreak Closes in on 400
Six new cases of salmonella caused by tainted tomatoes have been confirmed in New York. This brings the national tally up to 383. Furthermore, this outbreak is far from over according to Dr. Robert Tauxe of the Centers for Disease Control (CDC).
The six new cases are somewhat misleading because most of the individuals who were sickened became ill weeks ago, but were just counted. Giving some indication of how bad this salmonella outbreak is, is that test results in many states have backlogs in laboratories. Some states are doing better than others in monitoring how many people are getting sick, though.
The outbreak has spread to 30 states and the District of Columbia, and began on or around April 10th. The latest illness occurred June 5th. However, New Hampshire and Pennsylvania, who just reported their first cases, believe some of the infected may have become ill while traveling elsewhere. At least 48 people have been hospitalized.
Difficult to Track
The Food and Drug Administration (FDA) has been helping in trying to track the farm or farms that may be the source of salmonella. However, they believe it may be impossible to trace this to its source. The reason is that when people get sick from eating tomatoes, there are rarely any tomatoes present when the person first gets sick, and tomatoes are sold without supplier tags.
The FDA believes areas of Mexico or Florida are the most likely areas of contamination because they were supplying most of the nation's tomatoes when the outbreak began in April. However, the longer the search goes, the less likely one true source will be found.
The FDA continues to ask consumers to avoid purchasing and eating raw red plum, red Roma, or red round tomatoes unless grown in states or countries that have already been cleared. Safe tomatoes include grape and cherry tomatoes, and those with the vine still attached.
Salmonella causes cramping, diarrhea, and vomiting. Most people are able to recover within a week.
If you or a loved one has become sickened by eating tainted tomatoes, please contact an experienced injury lawyer to see if you have a claim. Labels: defective product
Questions Over Safety of Raw Milk Abound
The Food and Drug Administration (FDA) has started to look into raw, or unpasteurized, milk due to the growing concern over food-borne illnesses across the country. Raw milk sales are currently prohibited in 22 states, and cross-border sales are prohibited by the FDA. States that allow the sale of raw milk for human consumption can only sell it within their borders. However, the raw milk demand is growing, in part because customers believe it contains microbes that are beneficial to treat ailments as diverse as autism and asthma. Consumers are also concerned about the chemicals and hormones that are traditionally used in dairy farming. Some believe that his is just another part of the trend for organic and unprocessed foods.
The FDA has tried to shut down the market for raw milk, but because of the hodgepodge of state laws, and the fact that states are largely in charge of regulating the raw milk industry, this is a complex issue. However, local officials in Pennsylvania have recently come down on two dairies they say were shipping raw milk across the border, and health officials in Maryland issued an emergency ban on "cow-sharing" agreements because they felt dairies were trying to skirt the ban on sales of raw milk. "Cow-sharing" is when farmers take care of cows that are leased by consumers. John Sheehan, head of the FDA's dairy office says that raw milk should not be consumed at all. "It is an inherently dangerous product."
While there are adherents and true-believers as to the benefits of raw milk, the FDA claims that hundreds of people have been sickened by salmonella, E. coli, and other types of bacteria. As a result of illnesses which can lead to death, the FDA has opened a criminal investigation of Organic Pastures, California's largest raw milk supplier, based out of Fresno and run by Mark McAfee. McAfee believes himself to be a pioneer at the front of a burgeoning movement of those who will eventually come around to his way of thinking.
Court Challenges
McAfee is also challenging a new California law that requires lower bacteria levels in raw milk. The new law is being appealed not only by McAfee, but by a state senator, and Whole Foods Co. is pressing for a law to ensure raw milk dairies will be able to stay open. However, McAfee is also the center of a lawsuit brought by the families of five children who allege were sickened by drinking raw milk.
Melissa Herzog disagrees with McAfee's stance on raw milk. She alleges her ten-year-old daughter was poisoned by E. coli in Organic Pastures' raw milk product. Herzog's daughter spent two months in the hospital as her kidneys failed in 2006. Health officials agree that the young girl was most likely sickened by the milk she drank.
If you or a loved one has been sickened by drinking raw milk, please contact an experienced injury lawyer in your area. Labels: defective product
Taser Loses First Court Case
After winning 45 wrongful death or injury lawsuits, Taser International, who markets the ubiquitous stun gun, lost a federal case in San Jose, California on Friday, June 6th. The federal jury found that Taser was responsible for the death of 40-year-old Robert Heston Jr. and awarded his family more than $6 million in damages.
An autopsy showed that Heston died from a combination of meth, an enlarged heart, and from being shocked by a Taser. His family sued Taser International alleging the company did not adequately warn users that the stun gun was dangerous or lethal when used in conjunction with chest compressions and on people under the influence of drugs. Salinas, California police testified during the trial that they were never warned the shocks were dangerous. The verdict gave Heston's family $5.2 million in punitive damages, and $1.021 million in compensatory damages. The six-person jury found that Heston was 85 percent responsible for his death, and Taser 15 percent responsible.
Perhaps inevitably, Taser's executives found this verdict to be a victory for them. A company statement about the case was titled "Jury Finds Extended Taser Device Application 15 Percent Responsible for Arrest Related Death." However, Taser stock dropped nearly 12 percent after the verdict was announced.
This comes at the same time that New York City police commissioner Ray Kelly announced that 520 Tasers would be made available to officers. This may have been helped by a RAND Corporation report stating that, "455 police-involved shootings found 25 cases - including three fatalities - where Tasers might have prevented the gunplay."
Due to the number of occasions where police officers use Tasers on those they feel pose a danger, this will not be the last time Taser International will face a jury. However, as a multimillion dollar company that markets its product not only to law enforcement, but military and citizens, too, it's going to take more than a $6 million verdict to really affect Taser International.
If you or a loved one has been injured by a Taser, please contact an experienced personal injury lawyer in your area. Labels: defective product, wrongful death
Gadolinium/NSF Link
A common dye used in magnetic resonance imaging (MRI) has been linked to a potentially fatal disease for patients suffering with kidney problems. The dye is a gadolinium-based product, and the FDA issued an expansion on the black box warning earlier this year, stating that even a single exposure could cause nephrogenic systemic fibrosis (NSF). Gadolinium is a magnetic ion and used in MRIs to help increase the usefulness of images by binding to different tissues.
NSF is not understood very well by doctors and scientists at the moment, but it causes a condition where the collagen in the skin builds up causing the skin to become hard and "marble-like." Collagen may also build up in the lungs, heart, and liver and can cause death. This is an excruciatingly painful condition. Nearly all cases of NSF have been linked to the patients' exposure to gadolinium dyes and have occurred within three months of the initial exposure.
Though the FDA has not approved any other dyes used for multi-purpose MRIs, a black box warning is the strongest warning taken before a product is banned.
Lawsuit Expiration
According to Beth Klein, an attorney who deals with gadolinium toxicity lawsuits, time may be running out for those seeking compensation. The first set of statutes is set to expire this week, Friday, June 6th. She states that after this date, many individuals will lose their legal rights to file, may have their compensation amount diluted, and some cases may be time barred.
You may want to consider speaking with an attorney if you have received an MRI and are experiencing any of the following problems:
- Burning, itchy, or swollen skin
- Tightening or hardening of the skin
- Red or dark spots on the skin
- Yellowing of the eyes
- Stiff or swollen joints
- Loss of movement
- Pain in the ribs or hips
- Muscle weakness or fatigue
Even if you have not received an MRI due to renal problems, if you or a loved one is experiencing any of the side-effect linked to gadolinium toxicity, see a doctor immediately. Also, please contact an experienced injury lawyer in your area as soon as you can to file a claim.
Labels: defective product, medical malpractice
Oil Companies Agree to Settle Water Suit
Some of the largest oil companies, including Citgo, Sunoco, BP, Royal Dutch Shell, Conoco Phillips, Chevron, Valero, and Marathon Oil have agreed to pay out nearly $424 million to settle a lawsuit brought by over a hundred public water companies. They will also pay for 70 percent of future cleanup costs over the next 30 years. Companies who refused the deal include Exxon Mobile, who has seen record profits over the last several years.
The gasoline additive methyl tertiary butyl ether, better known by its acronym MTBE, has allegedly contaminated drinking water supplies across the nation. The plaintiffs include water systems in over 15 states, including New York and California. The suit claims that the chemical additive contaminated groundwater and lead to the drinking water becoming "unpalatable," and tasting like turpentine. It also caused cancer in lab rats, according to the Environmental Protection Agency.
MTBE was originally added to gasoline in 1979 to increase octane levels, but it became more widespread in the 1990s after the Clean Air Act of 1990. The Clean Air Act mandated its use in cities to reduce smog and pollution. Fuel burns more thoroughly when MTBE is mixed with gasoline. However, it was found to contaminate the groundwater when it was put into use. It has since been banned in 23 states.
Oil companies have been looking for another additive to use in place of MTBE. This has lead to the use of ethanol as a replacement.
Defective Product Oil companies have fought hard to avoid paying penalties for cleanups, claiming they were forced to use MTBE. It is estimated a total cleanup will cost tens of billions of dollars. A lawyer representing Chevron and Shell has noted that the settlement does not claim MTBE is a defective product, and that the oil companies "are prepared to vigorously defend the product."
A lawyer for Exxon says that the company has no plan to settle, and states, "When [Exxon] engages in conduct that injures people, it pays recompense for that. In all these cases, our conduct did not cause injury, or cause damages. Our conduct was lawful."
Although this might be Exxon's official line, the lawsuit contends that oil companies continued to use MTBE even though they knew there were health and environmental risks posed by the chemical.
There have been hundreds of lawsuits brought against oil companies and their use of MTBE since the 1990s. If this deal is approved, it will be the largest settlement regarding the chemical to date. In 2003 the Republican-led Congress tried to shield MTBE manufacturers from litigation with a provision, but failed due to strong opposition.
The case will go to trial in New York this September.
Though MTBE has not been ruled a defective product by any court in the land, if you feel you or a loved one has suffered injuries due to contaminated groundwater, please contact an experienced injury lawyer in your area to see if you have a claim. Labels: corporations, defective product
Blood Substitute Tests Allowed by FDA Despite Known Risks
In a report to be released this Monday, May 5, by the Journal of the American Medical Association (JAMA), experimental blood substitute tests allowed by US regulators raised the risk of heart attack and death. The report is written by scientists with the National Institutes of Health Clinical Center and advocates from the watchdog organization Public Citizen.
Biomedical companies and the government have been looking for a way to substitute the need for blood for several years. If a blood substitute is found, it will become a financial boon to companies that market it, as well as save lives in such places as battlefields. Theoretically it could be stored for years without the need for refrigeration, as well as not run the risk of carrying infections such as hepatitis or HIV. According to JAMA, the FDA had completed a dozen studies of blood substitutes by the end of 2000, and the risks were well known at that time. Dr. Charles Natanson of the NIH Clinical Center states that the FDA used their data to look at each product and each use (trauma, surgery, and in stroke patients) separately rather than pooling it to see the whole picture.
Ethical Concerns
After Public Citizen filed a lawsuit in 2006 to protest closed-door hearings, the FDA halted a planned test by the Navy to use the substitute on civilians without their knowledge or consent. While this raises certain ethical questions, American companies are testing products on people in South Africa and in some European countries. Cambridge, Mass.-based Biopure Corp. is using their blood substitute, Hemopure, on anemic surgery patients in South Africa. Study co-author Sidney Wolfe of Public Citizen states it is highly unlikely or even impossible, that these countries are aware of the risks, even though the governments have approved the tests.
Findings
The report shows 16 random control studies of five different blood substitutes with 3,700 patients involved. These patients include trauma, elective surgery, and victims of stroke. The findings show:
- A 30 percent higher risk of death for those who received blood substitute transfusions. 164 patients died compared to 123 who received ordinary blood or saline transfusions.
- Risk of heart attack tripled with blood substitutes. 59 patients suffered heart attacks with the new product compared to 16 who did not. Experts speculate that hemoglobin in the blood substitute removes nitric oxide from the blood, which causes blood vessels to constrict and a buildup of sticky platelets
Perhaps predictably, two of the companies whose products were included in the study call the analysis "flawed." Biopure vice president, Dr. A.G. Greenburg states, "There are vast differences among these products that make any pooling of data flawed, especially across different clinical experiences." Evanston, Ill.-based Northfield Laboratories Inc.'s CEO, Dr. Steven Gould explains that though pooled data can be useful to raise questions, it does not "provide answers about specific products or to examine fully the risk-benefit ratio of any particular product."
Defending the FDA's decision, Dr. Jay Epstein, the director of the FDA's office of blood research and review, says there are enough differences among the blood substitute products and their intended uses to allow some of the studies to continue. Dr. Natanson does give the FDA some credit, but says that while the agency may know more than any one individual at any of the companies, "they may not know the whole story" and there may be information being withheld from the FDA by these companies.
Dr. Natanson's theory seems to be backed up by Dr. William Hoffman, former chief medical officer at Biopure. He left in 2000 because management there wouldn't let him tell the FDA that he believed one of the studies should be halted. However, he states that management at Biopure has changed since then.
While it would be a huge break though to have a blood substitute, especially in times of crisis, there seems to be little doubt that the products being tested are far from ready. Clinical tests on people are an important step, but the individuals should be able to give their consent, and know the risks.
If you or a loved one has been injured due to a product risk you were not made aware of, please contact an experienced injury lawyer in your area. Labels: corporations, defective product, FDA
Another Suit Filed Against Boston Scientific For Faulty Defibrillator
When Boston Scientific bought Guidant Corp. for $27.5 billion, they also bought the company's faulty defibrillators. Now, Patsy Roberts has filed a wrongful death suit against Boston Scientific alleging that a faulty defibrillator was the cause of her husband, Joseph Roberts', death.
Joseph Roberts received an Implantable Carioverter Defibrillator (ICD) in 2000. His ICD was the Medtronic InSync Sentry with Guidant leads. This was two years before Guidant Corp. claims to have discovered there was a flaw in the defibrillators. In 2005, the same year Guidant officially announced a recall of their defibrillators, Roberts was admitted to the hospital to be upgraded with a Vitality 2 biventricular automatic implantable cardioverter-defibrillator. He died two months later.
The same year Roberts received his upgraded ICD is the year 996 defibrillators were manufactured with another defect. This time, it was under Boston Scientific's lead. It wasn't until April 2007 that Mrs. Roberts discovered the Vitality 2 had been recalled for a defect.
The suit alleges a conspiracy between Guidant and Boston Scientific to hide the fact the defibrillators were defective, which "has caused a number of the devices to short circuit and malfunction." The suit also claims Guidant and Boston Scientific are liable due to the theory of "strict products liability and that the products were defectively designed, manufactured and/or marketed." There are a slew of other allegations in the suit including negligence, fraud, breach of warranty, and violation of the Texas Deceptive Trade Practices-Consumer Protection Act.
Damages sought include loss of consortium, society and affection, funeral and burial expenses, grief, as well as damages for pain, suffering and mental anguish Roberts went through before he died.
If you have been injured or lost a loved one due to a defective defibrillator, please contact an experienced injury lawyer in your area to find out if you may file a claim. Labels: defective product, wrongful death
Bipartisan Panel Wants FDA to Have More Funding
Members of both political parties believe that the Food and Drug Administration needs further funding if it is to continue to protect American lives. As it stands now, a report sent out last year by a panel of outside advisers stated the FDA does not have the staff, scientific expertise, or the money to do all it can. The Appropriations subcommittee, which oversees the agency's funding, met with Dr. Andrew C. von Eschenbach yesterday to decide just how much money the FDA needs. All in attendance believe the White House suggestion of an increase of three percent in next year's allocated budget is not nearly enough. Dr. von Eschenbach said the agency wanted to hire an additional 700 people this year, but the proposed White House budget won't even cover expected increased costs.
Citing the heparin controversy, Dr. von Eschenbach said the FDA wants to open three new offices in Beijing, Shanghai, and Guangzhou, China. They will increase their Chinese staff to 13 with five native Chinese hired locally. This will hopefully lessen the chances that tainted products, such as the blood-thinner heparin, will make it to American markets.
It isn't only tainted heparin, but a plethora of other items, that are investigated by the FDA. Pharmaceuticals, food, medical devices, and even cosmetics are OK'd by the agency. Without the necessary funding, we may see an increase in the numbers of people injured and killed by products that had no business being sold, or given, to consumers.
If you or a loved one has been injured or sickened by a defective product or pharmaceutical that could have been removed from the market by the FDA, please contact an experienced injury lawyer in your area. Labels: defective pharmaceutical, defective product, FDA
Maybe Toby Keith could Write a Song about it
Cruise control switches in Ford Motor Company vehicles are continuing to cause problems. Specifically, they're heating up and causing the vehicle to burn. Nearly 1,500 fires are alleged to be due to a faulty switch that was installed in millions of Ford, Mercury, and Lincoln vehicles from 1999 to 2004. However, the problem is still so worrisome that the National Highway Traffic Safety Administration issued an advisory in February to customers who have still not fixed the switches. They are asking that owners disconnect the switches immediately. So far very few owners of the vehicles have brought them in to be repaired.
Ford alleges that the recall was done in stages because it wasn't clear in the beginning what was causing the problem. It is now believed that applying the brakes causes a vacuum which causes a seal in the switch to fail. Brake fluid then leaks in and corrodes the seal. Because the switch has power all the time, the corrosion causes the seal to overheat and ignite. This means that the fires can start even when the ignition is turned off and the vehicle is sitting in the driveway. This has caused not only vehicles, but buildings to burn.
Before the investigation was closed in August 2006, the NHTSA linked 65 fires directly to the faulty cruise control switch, but a further 1,472 complaints were made which allegedly began in these vehicles engine compartments. Sixty further complaints were registered after the investigation was closed.
Though Ford stopped making the switches in 2002, it is believed that many of the 2003 F-150 Lightning models were installed with the faulty switch. And, in what may be even more embarrassing for Ford, there was a recall of the recall.
Recall of the Recall
A wiring harness was fitted between the deactivation switch and speed control unit. This was done to cut the electrical current which ran to the switch in case it overheated. However, in most of the vehicles it was installed in, the harness didn't work because the fuse was installed on the wrong side. In some cases, the device was installed on the wrong vehicles.
Consumer auto safety advocate, Clarence Ditlow, believes that the NHTSA's notice was "too little too late" and should have been made as soon as the recall was announced. He also believes that the way this was drawn out over ten years is inexcusable. If there is a design flaw, he says, all vehicles with that design should be recalled.
Though no deaths are linked to the fires, three wrongful death claims have been filed against Ford.
If you believe that your Ford burned due to a faulty cruise control switch, you may have a defective product claim. Please contact an experienced injury lawyer in your area. Then go buy a Toyota.
Labels: defective product, recall
Food-Borne Illnesses and Recalls Rising
William Marler, a Seattle lawyer and food safety expert, testified before the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) to discuss why illnesses resulting from E. coli O157:H7 bacteria soared in 2007. The panel believes that the last time any significant positive changes occurred in this area was at the beginning of the decade. These illnesses, which resulted in some deaths, were a major factor in the decision to recall millions of pounds of ground beef last year. Central to Marler's testimony is that recalls and illnesses increased substantially in the latter half of 2007, and were greater than any year since 2000. In part, the findings show:
- 2006 - Eight recalls of 156,235 pounds of ground beef
- 2007 - Twenty-one recalls of over 30 million pounds of ground beef
Marler also concurred with the panel that the low amount of illnesses and recalls from 1994 to 2004 was "too good to be true."
Theories
Marler stated several theories of why there was such a massive increase in the number of illnesses and recalls, including:
- Better Reporting - More doctors may be able to recognize the symptoms of E. coli poisoning, which lead to detecting outbreaks and forcing recalls.
- Complacency - Marler wonders if meat processors may have "slacked off" causing them to be less likely to detect tainted beef.
- Global Warming - The dry weather of the Southwest and Southeast may have caused windblown fecal dust to waft through beef-slaughtering plants. Excessive rainfall in other regions may have led to muddy holding pens where E. coli is more likely to thrive.
Three other theories Marler put forward that seem unlikely, but are worth noting, include high oil prices, the heavy-handed governmental crackdown on illegal immigration, and the "Darwinian explanation."
Other Pathogens
While E. coli is one of the most popular bacterial agents to find its way into the media spotlight, Marler also mentioned salmonella, listeria, campylobacter, and shigella. The nation has seen outbreaks of each of these illnesses, but it is E. coli that sickened and killed many people who consumed tainted spinach at the beginning of 2007, and helped to bring down food producer Topps. However, while it is E. coli O157:H7 that is primarily serotype to blame, Marler states that other non-O157 toxins are just as deadly, specifically O26, O103, O111, and O145.
While these letters and numbers may mean nothing to the average consumer, the implication is that there is more than one kind of E. coli that may rise in the future to harm and kill people. Because the very young and elderly are more susceptible to illness, this should give us pause and lead us to ask the question, why does this continue to happen if there are supposed to be definitive ways in which our food is kept safe? Food poisoning affects people in different ways, but those who have seen their children hooked up to kidney dialysis, or have lost family members deserve answers.
If you, or a loved one, have become ill due to eating tainted food, you may be entitled to compensation. Please contact an injury lawyer in your area. Labels: defective product
Just in Time for Spring, Salmonella in Your Cantaloupe
Products containing Honduran grown cantaloupe are being recalled because of the risk of salmonella. The Honduran company, Agropecuaria Montelibano, has been linked to a multistate outbreak of the bacteria. The FDA ha s asked grocers across the country to remove the cantaloupe from grocery stores and blocked imports from the Honduran company after dozens of cases of salmonella were reported in 16 states. Fourteen people were hospitalized due to the illness.
Four firms including Dole Food Co., Bounty Fresh LLC, Spokane Products Inc., and Chiquita Brands International Inc. have joined other companies in recalling the product.
Salmonella shows up in people with a variety of symptoms including fever, diarrhea, nausea, vomiting, and abdominal pain.
Brand names affected include:
- Mike's Melons
- Mayan Pride
- Chiquita
- Chestnut Hill Farms
- Perfect Melon
- Yokes
- Garden Patch
- Rosavers Classic
If you have purchased cantaloupe that matches any of these names, you might want to get rid of it immediately. Food poisoning can be extremely dangerous. If you've already eaten the product, and you became sick, there are still options (after you feel better).
If you think you became ill after ingesting salmonella laced cantaloupe, you may be able to received compensation. Please contact an experienced injury lawyer who knows about product liability in your area.
Labels: defective product, recall
Rocker Recall
In yet another example of why it's safer for children to watch TV, than play, Tek Nek Toys International L.P. has announced it is recalling the Rock 'N Ride plush rocker due to their unstable base. The base of the rocker has the potential to tip over, spilling the child riding it to the cold, hard ground. The recall includes the following rockers:
- Clifford Big Red Rocker
- Deluxe Bull
- Deluxe Pony
- Lil' Penguin
- Lil' Propeller Plane
- Brown and Pink Pony
- Deluxe Pony
- Pink Unicorn
So far there have been 35 reports of rockers tipping over, and ten reported injuries including bumps, bruises and lacerations.
The date code on the rockers in question is from July 26, 2007 through Dec. 29, 2007. The code is on a sticker inside the rocker's battery compartment. What is a battery compartment doing on a rocker, you ask? Because there is a button on the ear, hat or "dash," which activates phrases and songs when it is pushed. For example, the Deluxe Bull has two talking phrases, two bull riding sound effects, and a song called "Here I Come, I'm a Rocking Bull."
The rockers, made in China, were sold at Target, K-mart, Toys "R" Us, Atwoods, Pamida, and Wal-Mart. They were also available through the internet.
Tek Nek Toys said in a statement that the rocker should be taken away from your child, even if they haven't tipped over, or turned the tipping over into a game. The company will replace the rocker's base for free.
Children must be 18 months old and no more than 65 pounds to ride the rockers.
If your child has been injured by a dangerous toy, please contact an experienced injury lawyer in your area. Labels: defective product, recall
Young Girl Injured in Pool Drain Accident Dies
A young girl who had her part of her lower intestines ripped out by an uncovered pool drain last summer has died. Six-year-old Abigail Taylor was in the wading pool at the Minneapolis Gold Club last June when she sat, or got stuck, over the uncovered drain. Twenty-one feet of her intestine was sucked from her body. The cover was reportedly moved, or had gone missing, when the accident occurred. Due to her injuries, Abigail endured several reconstructive surgeries and transplants that lead to a cancerous condition that ultimately killed her.
Change in Lawsuit
Abigail's family had originally sued the Minneapolis Golf Club and the manufacturer of the pool drain, Devlan, Wisconsin-based Sta-Rite, for personal injury. Since Abigail has died, the suit will likely become one of wrongful death. Experts have said that this will likely bring down the amount the Taylor family can claim in the suit.
The Taylor family's lawyer, Bob Bennett, stated that Sta-Rite "knew their pumps carried the risk of evisceration," but did nothing to eliminate the defect. He referenced three other cases where children were injured by the company's drain covers becoming detached, as well as internal memos stating that warning labels alone were insufficient. Pentair, Inc., which now owns Sta-Rite, has said the lawsuit is without merit and blames the Minneapolis Golf Club for Abigail's injuries.
Medical Bills Piling Up
Because of the nature of Abigail's injuries, the Taylor family incurred an enormous amount of medical bills. She would have required daily medical care for the rest of her life, and the Taylors estimated that it would have cost $30 million to cover those plus living expenses had she lived.
This case covers the fields of product defect and wrongful death now. However, if any good has come out of this tragedy it's that legislation has been passed that bans the manufacture, sale and distribution of pool drains that do not meet required safety standards. Minnesota lawmakers are also considering legislation for new pool safety standards.
If you, or a loved one, have been grievously injured due to a defective product, please contact an experienced injury lawyer in your area. Labels: defective product, wrongful death
New Spokesperson to Warn about Medical Errors?
Last year, actor Dennis Quaid's newborn twins were given an accidental drug overdose by hospital staff. According to Quaid, the drug heparin "basically turned their blood to the consistency of water." Heparin is an anti-coagulant given to patients during surgery or kidney dialysis. Cedars-Sinai Medical Center in Beverly Hills gave Quaid's two week old twins a thousand times the recommended dose of the drug.
Last Sunday, Quaid discussed the experience with 60 Minutes, and it seems he is on the "warpath" against mistakes made in hospitals. Quaid quoted statistics released in 1999 by the Institute of Medicine which showed that nearly 100,000 people die a year because of hospital errors. He further quoted the IOM study, saying, "[G]ood people are working in bad systems that need to be made safer." He also believes the problem is bigger than AIDS, breast cancer, and auto accidents.
More Trouble for Baxter
While Quaid's twins are out of harm's way now, he and his wife, Kimberley Buffington, are suing heparin's manufacturer, Baxter International Inc. Claiming damages in excess of $50,000, the couple claims that Baxter failed to properly label the vials. They allege that the 10-units-per-milligram vials are almost identical to the 10,000-units-per-milligram vials. Baxter contends that hospital staff should have read the label closer.
This compounds the bad press Baxter has suffered lately. Heparin has most recently been in the news due to a contaminant found in shipments of the drug in the U.S. The contaminant sickened hundreds and has killed up to 20 patients who have taken the drug.
While Quaid and his wife are currently going after Baxter, the fact that Quaid has appeared on a popular television show to rail against hospital errors may bring more focus to a problem that many families are unsure how to deal with.
If you, or a loved one, have suffered due to hospital error, please contact an experienced personal injury lawyer in your area. Labels: defective product, medical malpractice
A "nonsensical situation"
In an 8-1 decision, the Supreme Court overrode tough state regulations, claiming that makers of medical devices, such as breast implants or defibrillators, are now immune from liability for personal injuries if the device in question had premarket approval from the F.D.A. This is a victory for the Bush administration and big business that have been looking for ways to get around state regulations that usually award vast sums in damages to injured patients. The Bush administration reversed the federal policy in 2004, arguing that the F.D.A.'s premarket approval of new medical devices overrides claims for damages given by the states. This came to light with the Riegel v. Medtronic Inc. case on Wednesday, February 20. In 1996, Charles R. Riegel went in for an angioplasty procedure. During the angioplasty, a catheter burst while being inserted into his coronary artery, injuring Riegel. The F.D.A. gave the device premarket approval in 1994. Though Riegel died after the lawsuit was filed, his widow carried on with the case. Riegel's case also concerns the Medical Device Amendments of 1976. Though the F.D.A. sends products to market through a different process now, the F.D.A. has found them to be "substantially equivalent" to product marketed before the Amendments law took effect.
Antonin Scalia Speaks
Writing for the majority, Justice Antonin Scalia said that, though state juries might impose liability on companies who make approved medical devices, this "disrupts the federal scheme," since the F.D.A. evaluates the risks and benefits of new devices. It is their responsibility to find that the devices are safe and effective for use. Scalia goes on, saying, the jury will only look at the injured patient, weighing only the dangers of the device. The juries don't look at the device's benefits or those patients who have not had any problems. He bases this on the premarket approval process laid out by the Medical Device Amendments of 1976.
Ruth Bader Ginsburg and the Dems Respond
As the sole dissenter, Justice Ruth Bader Ginsburg claims that the court has misinterpreted Congress's original intent with the 1976 law. Justice Ginsburg claims the original law was to keep individual states from applying their own premarket approval process to medical devices, and that was all. Democratic lawmakers seem to agree with Justice Ginsburg. Senator Edward Kennedy of Massachusetts sponsored the 1976 law, and said Congress didn't mean for the F.D.A.'s approval to give "blanket immunity" to manufacturers of medical devices. Representative Henry Waxman of California said this decision strips consumers of rights we've had for decades. He also claims Congress will pass legislation to "fix this nonsensical situation." Until then, hope you don't have to sue a manufacturer for a faulty heart pump, artificial heart valve, or prosthetic knee. The Bush administration and seven of eight Supreme Court Justices claim they're immune if the F.D.A. approved their product before it even hit the market. However, if you find yourself involved in a product liability case, please contact an experienced injury lawyer. Labels: defective product, FDA, governmental affairs, product liability
Defective Monitor Destroys Man's Heart
After going in for what was supposed to be a fairly routine bypass procedure at Providence Everett Medical Center, one of the top cardiac care hospitals in the Northwest, Paramjit Singh is now facing a new round of problems. In 2004, Singh suffered a minor heart attack and had successful bypass surgery. After the surgery, a catheter was inserted into Singh's heart and connected to a monitor to measure blood flow. However, the catheter overheated, approaching what doctors said was 500 degrees, which then melted, cooking Singh's heart. Singh expected to be awake the same afternoon the surgery was performed, but instead awoke six weeks later in a different hospital and different city. He found that he was kept in a drug-induced coma and on a machine to keep his blood flowing until he could get a heart transplant. Singh, who was once a track star in the Indian army, and active throughout his life, now must face the fact that he has a shortened life expectancy. The anti-rejection drugs Singh takes have left him with lymphoma, possible kidney failure, and possibly another transplant.
The Lawsuits - Themanufacturer of the device that fried Singh's heart, Edwards Lifesciences, is being sued by Singh and his family, and has accepted responsibility for the injury. But what is now being decided is how much Edwards must pay, and if the Providence Medical Center bears any blame. Singh's lawyers contend that Edwards knew the device might be dangerous and the company's actions were so offensive, that the jury should award damages.
The device in question is the Vigilance monitor, which controlled the catheter. Edwards produces products that treat cardiovascular disease, and made both the monitor and the catheter. Part of the computer code written for the Vigilance monitor is the center of the lawsuit. Alleging that Edwards knew about a software error which might cause the catheter to overheat, Singh's lawyers claim that Edwards didn't warn hospitals of the hazards. The software problem was discovered in 1998 and a fix was developed in 1999. However, by 2003, Edwards had still not removed the useless piece of computer code. The same problem occurred in Japan in 2002, in which the filament of the catheter began smoking while still outside a heart patient's body. The hot end was removed by doctors who witnessed the catheter overheat. - Edwards is also being sued by the hospital. Providence spent hundreds of thousands of dollars on a three-year investigation to find out what went wrong, as well as court fees. However, Edwards contends the hospital shares some of the blame for using a defective cable in the operation and for having no procedures to inspect and replace these cables.
End Result While Edwards "voluntarily" recalled thousands of Vigilance monitors in 2006, Singh's tragedy didn't have to happen. Even if Edwards' scientists and engineers believed the faulty computer code probably wouldn't hurt anyone, they knew it might. For a company who is supposed to be a leader in creating products that help people continue to live quality lives, it seems apparent that they should have known better. Stories of people like Paramjit Singh give a face to disastrous events like this. How many other unsuspecting victims are there who don't know what to do, or whose families don't know where to turn? Going up against a billion dollar company, like Edwards, seems daunting, but there are lawyers out there who know how to give you a voice. If you feel that a defective product has caused you, or someone you know, harm, please contact an experienced injury lawyer who can help answer your question. Labels: defective product, product liability
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