Articles Posted in Defective products

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An adult portable bed handle is defective, and has proven fatal in at least three instances. Yet since the Consumer Product Safety Commission announced the recall in May 2014, there has been a response rate of under 1 percent. hospitalbed2

Approximately 113,000 of these devices were sold from 1994 through 2007. The purpose of the handles is to attach to bedsides in order to help people roll over, sit up or stand. The problem with these devices is that when they are attached to the side of an adult’s bed without the use of safety retention straps, the handles can slide out of place, resulting in a dangerous gap between the side of the mattress and the handle of the bed. The result is a major risk of entrapment, strangulation or death.

Many product recalls unfortunately have a low response rate. However, given the severity of potential injuries and the possibility of death, the CPSC made the unusual move of re-announcing the recall.

Of the three women who died as a result of use of this product, one was disabled and two were elderly. All three of them were residing in group facilities (i.e., nursing homes and assisted living centers). Continue reading →

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The General Motors ignition switch defect linked to 124 deaths and many more injuries resulted in a criminal case by the U.S. Department of Justice, which is now being settled for $900 million.ignition1

That may sound like a lot of money, but those who have lost loved, were injured or even faced felony charges for crashes they did not actually cause, say it’s of little solace. Primarily, their issue is not so much with the dollar amount, though it is 25 percent less than the $1.2 billion Toyota agreed to pay last year for the fatal flaws in its vehicles. Rather, the issue is the fact that no one with the company will face criminal charges.

In fact, the DOJ has agreed to defer prosecution of the company for three years. If the company abides by the terms of the agreement – which include an independent safety practices monitor – the company will walk away with a clean record. Continue reading →

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Treestand ratchet straps are one of the leading causes of injury to hunters. A 2014 study published in the World Journal of Clinical Cases revealed tree stand falls were a persistent cause of neurological injury while hunting. The study period lasted eight years, and revealed this to be a significant problem in the hunting community.hunter

Tree stands allow hunters to have better sight and increased protection. However, as the study noted, they can frequently result in injury when they aren’t properly used or when they aren’t properly instructed. The most common injury is head trauma and damage to the central nervous system.

In the recent case of Bradley v. Ameristep, Inc., plaintiff suffered serious injuries after falling off a tree stand. He later sued the manufacturer of the device, alleging strict product liability, negligent design and manufacture, failure to warn, loss of consortium and violations of state consumer protection laws. Continue reading →

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Patients who endured pain, suffering and additional surgeries as a result of faulty hip replacements manufactured by medical device maker Stryker will receive an average of $300,000 in a landmark mass tort settlement wherein payout is expected to exceed $1 billion.
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According to media reports, the settlement is on behalf of an estimated 3,000 patients implanted with the Stryker Rejuvenate and ABGII modular hip implants. Those who suffered complications during additional revision surgeries will be eligible to receive additional compensation. Compensation is also available for those who require revision surgery, but are not medically cleared for the procedure. There is no overall cap for the settlement, and claimants are expected to begin receiving awards beginning next summer.

A previous settlement reached with DePuy last year was capped at $4 billion.
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Officials with the Consumer Product Safety Commission (CPSC) monitor and recall toys and other children’s products to help keep dangerous products out of our home and away from our children. Some of the most important regulations that officials have implements is to require testing by a third-party, independent laboratory and to enforce strict lead and phthalate limits to keep violative and dangerous toys at the ports and out of the marketplace and your child’s hands. With all of these efforts, Americans can be more at ease when shopping for their child’s holiday gifts. But consumers aren’t free from risks. Unfortunately, there are still items that make it through these checks and into our homes with some serious risks for accidents and injuries.

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Over the last 5 years, officials with the CPSC and the U.S. Customs and Border Protection (CBP) have stopped close to 10 million units of roughly 3,000 different toys from getting into our homes. These stopped products violated federal standards.

Child product injuries in Broward are likely this holiday season if parents and guardians aren’t prepared. In 2013, there have already been more than 30 toy recalls placed by officials with the CPSC. Although the number of recalls has declined in recent years, with more than 170 in 2008, roughly 50 in 2009, about 34 in 2010 and less than 40 in 2011, there are still serious risks. The most common of recalls were the result of chemical and magnetic dangers. Even with the decrease in recalls, there will still more than 11 child fatalities result from dangerous products in the U.S. in 2012. Thousands of children are treated in hospital emergency rooms each year for toy-related injuries.
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Thanks to the Consumer Product Safety Commission (CPSC), close to 5 million units of product that violated the nation’s safety rules were stopped from making it into the hands of consumers in the last year.
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Working alongside its federal partner, the U.S. Customs and Border Protection (CBP), officials with the CPSC have been able to screen close to 20,000 consumer products imported in the last fiscal year. Close to 2,000 of these products were found to have been dangerous or violated safety rules. These products were stopped from getting to you.

Our defective products attorneys understand that we purchase products each and every day with little to no concern for the safety of those in our household. Unfortunately, we’re not oftentimes aware of the dangers and risks of defective products until after disaster strikes. This is why it’s critical for families and consumer to check the Recall List from the CPSC frequently and thoroughly. Each and every day, there are new products added to this list and these are products that you are likely to find in your household.

Investigators with the CPSC as well as the CBP closed out last year’s fourth quarter efforts by trying to keep pace with the efforts of the third quarter. During this time, investigators examined close to 6,000 products and were able to find more than 400 that were deemed noncompliant with current safety rules. Throughout the third quarter, there were more than 5,500 products that were screened and roughly 420 that were deemed as violative.

As for the total number of units, officials were able to stop more than 900,000, down from an all-time high of close to 3 million in the third quarter. Officials believe that there was such an increase in the number of products stopped in the third quarter because of fireworks that were shipped in for Memorial Day and Labor Day.

Children’s products ranked as number one again because of high amounts of lead. Various children’s products with small pieces and other choking hazards were also ranked alarmingly high during the year.

In the 2011 calendar year, there were close to 15 reported fatalities resulting from children’s toys. All of them were under the age of 15: Twelve of them who were under the age of 12. Balloons were some of the most common associated with these fatalities, accounting for 13 percent.

While it’s nice to rely on federal investigators to keep these products and accident risks from you, it’s important that you’re a proactive consumer and do your own investigation. Stay in the know and keep dangerous products from your home!
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As we exchange gifts — whether among parents, friends, family members or coworkers — we are all bringing new products into the home through the long holiday season. An important step to help ensure the safety of you and your family is to check the latest product recalls list from the Consumer Product Safety Commission (CPSC).
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The CPSC is in charge of working to keep dangerous products out of the hands of consumers. Many of these products can cause serious accidents, injuries, fatalities and property damage. Each year, these products cost the U.S. more than $900 billion. Some of the products come with chemical, electrical, fire or mechanical hazards. It’s important to check the CPSC recall list often (especially when gift-buying) to make sure that no dangerous or defective products make it into the households of your friends and loved ones.

Our Florida defective product attorneys are here to keep you up-to-date with some of the latest recalls. It’s important to check these recalls when bringing products into the home.

Water Balz, Skulls, Orbs and Flower Toys Recalled by Dunecraft:

More than 94,500 of these toys have been recalled by Dunecraft Inc., of Cleveland, Ohio because of serious hazards to children. The marble-sized toys can be a choking hazard. They don’t show up on x-rays either and need surgery to remove, often causing intestinal blockage. An 8-year-old from Texas underwent surgery after ingesting the product. If you have one of these products, please call the company at (800) 306-4168 to get a free replacement toy.

Baby Jogger Recalls City Versa Strollers:

More than 8,000 of these strollers have been recalled from Baby Jogger LLC, of Richmond, Virginia. What can happen is the frame can come unlocked and can collapse during use. This serves as a serious fall hazard to children riding in the stroller. There have already been six incidents reported. If you have one of these strollers, contact the company at (877) 506-2213 for a free replacement stroller frame.

Bath Seats Recalled by Dream On Me:

About 50,000 of these bath seats have been recalled by Dream On Me Inc., of South Plainfield, New Jersey. They don’t meet federal safety standards, most specifically stability requirements. They can easily tip over and can serve up a serious drowning risk for children. There has already been five incidents reported, including a near-death report of a 12-month-old. If you have one of these items, please contact the company at (877) 201-4317 for a free replacement bath tub.

We want to wish you and your family a Happy Holiday Season and ask that you review the latest recalls with the CPSC to make sure that no defective, dangerous or recalled products make it under your tree this year.
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Summer is here and kids of all ages are being released from school.

Many of our young students are getting to spend a little more time at home because of it. With kids home more often, parents are urged to review some of the latest safety recalls from the U.S. Consumer Product Safety Commission (CPSC) to make sure they their child isn’t playing with something that could potentially cause child injuries in Fort Myers or elsewhere.
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Parents are one of the biggest influences on a child’s risk for injury. For that reason, our Fort Myers injury attorneys are here to talk with parents about some of the latest safety recalls. Each and every day, more and more products are released on the market that could seriously injure consumers. Make sure that you review the recall list from the CPSC often to make sure that none of these dangerous products are in your household or in the hands of loved ones.

Ridley Bikes Recalls Bicycle Stems:

More than 100 of the 4ZA Threadless Carbon Bicycle Handlebar Stems have been recalled by Race Productions because the bicycle handlebar stems can break or crack and pose a serious fall hazard for users. The company has already received one accident report of a handlebar step breaking causing injury to the rider. Under the recall are the 4ZA 31.8 threadless bicycle handlebar stems. These items were sold individually. They’re black and have the words “4ZA Cycling Performance” painted on them. They were sold at various bicycle stores and online from 2005 through April of 2010. Call the company at (877) 745-7703 for information on a free replacement.

Porter Athletic Recalls Climbing Ropes:

More than 40 of the Athletic Climbing Ropes have been recalled by Porter Athletic because the rope can slip through the clamp on the top of the device and can pose a serious fall hazard to users. There have already been three accident reports filed to the company. One of these accidents resulted in both wrist and back injuries. Model numbers involved in the recall include 00118 and 00119. They were sold at various athletic stores from September of 2009 through September of 2011. If you have one of these items, calls the company at (888) 277-7778 for a free repair.

Children’s Trampolines Recalled by Aqua-Leisure:

About 40,000 of the First Fitness® Trampolines with Handlebars have been recalled by Aqua-Leisure Industries Inc. It has been determined that metal fatigue can cause the handlebar to break, posing a risk of laceration and a fall hazard. There have already been four accident reports submitted to the company. Model number FF-6902TR and Toys R Us SKN 491463 is affected under the recall. The items were sold at Toys “R” Us stores across the country from September of 2010 through April of 2012. If you have one of these products, call Aqua-Leisure for a full refund. Call (888) 912-7087.
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Our Naples injury attorneys like to keep our neighbors informed about the latest recalls from the U.S. Consumer Product Safety Commission (CPSC).

Staying in the know with this kind of information can help you to protect your family. Oftentimes, common household items and children’s toys can pose some serious risks for injury. Knowing about the most up-to-date recalls can help to head off these accidents and injuries before they happen.
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Child injury in Fort Myers can happen with virtually any product, including clothing, indoor toys, outdoor playgrounds, bicycles and other everyday items. Parents are urged to sign up for the CPSC’s email subscription list to get the breaking news in defective and recalled products. Here are some of the latest recalls.

Children’s Play Theaters Recalled by Guidecraft:

Roughly 2,000 of these items were sold in the U.S. through various catalogs and on the Guidecraft.com website from July of 2012 through April of 2011. They were manufactured by Mega Profit Trading Ltd. What can happen is that the toy can unexpectedly tip over when your child is playing with it and it can pose an entrapment hazard to young children. There have already been accident reports submitted as well as injury reports. The model “G51062” falls under this recall. If you have one of these items, you should take it from your child immediately and contact the company to get a replacement product or a full refund. You can call Guidecraft toll-free at (888) 824-1308.

Boys’ Jackets with Drawstrings Recalled by Umbro:

There were about 250 of these jackets sold throughout the U.S. from April of 2011 through January of 2012. There have been no incidents or injuries reported just yet, but since these jackets fail to meet the CPSC’s drawstring guidelines they must no longer be sold. The CPSC’s regulation is in place to help prevent children from getting entangled or from getting strangled by neck and waist drawstrings in upper outerwear. The boys’ jackets are sized from medium to extra-large and can fit kids who are up to a size 14. The company name, Umbro, is printed on the front upper right side of the jacket. If your child has one of these jackets, please do not let them use it anymore and call the company to get a full refund.

Swing Sets Recalled by BCI Burke:

Nearly 500 of these 2 3/8 inch Arch Swing Sets were sold from January of 2004 through December of 2011. They’re dangerous and can potentially harm your child. What can happen is the welded connection of the sleeve joint that goes into the arch support can break. If these break, the top swing beam can collapse and can cause children on the swings to fall and hurt themselves. There have already been a number of incidents and injuries reported. If your family has one of these swing sets, stop using it immediately and call BCI Burke at (800) 356-2070 to get a free retrofit kit.
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In preparation for the upcoming holidays and toy shopping for your little ones, our Sebring defective product attorneys want to remind parents and gift buyers that there are millions of toys on the market, but some are quite dangerous and cause hazards for your children.

Manufacturers, shippers and retailers have an obligation to catch these defects before they hit the market and cause a preventable serious or fatal injury to a young child.
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The U.S. Consumer Product Safety Commission reported 19 toy-related deaths and 235,300 toy-related injuries for children 14 and under in 2008. Almost half of the deaths were connected with riding toys but other causes of death for children under 15 in 2008 were choking and drowning. More than 82,000 of the toy-related injuries treated at a hospital emergency rooms in 2008 were children ages 4 and younger.

In order to reduce the risk of toy-related injuries to children in Fort Myers , Port Charlotte, Cape Coral and elsewhere, gift-buyers need to be aware of the dangers associated with toys. Some toys contain toxic substances from paint or PVC plastic while others can cause cuts, bruises, bone fractures, choking or concussions.

The U.S. federation of state Public Interest Research Groups has released an annual publication for the last 25 years called “Trouble in Toyland,” which examines toy safety.

Over the years, the report has led to 150 recalls of child products and defective toys. Last year’s publication looked at the dangers of chemical hazards and phthalates while visiting several national chain toy stores in September and October of 2010. Lead can be found in several children’s products including metal toys, jewelry, lunchboxes, vinyl bibs, and paint or outer coatings used to cover toys.

Lead exposure can affect nearly every organ or system in the body including the central nervous system. Exposure to lead can cause brain damage in small children. Over a twelve-month period, the CPSC recalled over 500,000 children’s products for violation of the lead paint standard. Exposure to phthalates has been found by scientists to cause potential health effects during critical stages of development. Two products were found last year to contain levels of phthalates in excess of limits allowed by CPSIA.

Gifts.com offers these tips on how to buy safe toys this holiday season:
-Manufacturers place age restrictions on toys for a reason, so make sure the toy you are purchasing is age appropriate for the child you are buying for.
-When purchasing for a small child or infant, check to make sure small or loose parts can’t be disconnected or chewed off.
-Take the toilet paper tube test. If the toy fits through the tube, it could be hazardous to your child.
-Don’t purchase a toy with straps, cords or strings longer than 7 inches for a young child in order to prevent choking or suffocation hazards.
-Check the product for sharp edges or breakable parts that could cause a severe cut or laceration to a child’s hands or face.
-Dolls, puzzles, action figures and building sets often contain magnets which can be fatal for children when swallowed. Refrain from buying toys with magnets.
-Read warning labels for hazardous substances or toxic chemicals.
-Check riding toys for sturdiness and potential fall hazards. Purchase protective equipment like kneepads, elbow pads or a helmet if required to reduce the risk of injury from a riding toy.
-Check the product for recalls. Visit the CPSC website for a full list of Toy Hazard Recalls.
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