Articles Posted in Defective products

Johnson & Johnson, along with its subsidiary DePuy, recently lost a $500 million lawsuit in a consolidated case of five Texas patients who suffered serious injury as a result of defective hip implants. sadness2

The patient accused the company of concealing the design flaws and dangers of its Pinnacle artificial hip implants. Plaintiffs alleged these metal-on-metal implants:

  • Failed prematurely
  • Caused tissue death
  • Resulted in bone erosion
  • Left them with high levels of metal in their blood

Although the manufacturing company was aware of the shortfalls of its products, plaintiffs alleged, it continued to market them aggressively. These artificial hips were touted as being best-suited to younger patients and those with more active lifestyles.  Continue reading ›

A Naples man has filed a product liability lawsuit against the manufacturer of an electronic cigarette (or e-cigarette), which he said he was using normally when it literally exploded in his face. His eyebrows were burned off and flames were sent shooting into his mouth, quickly burning his throat and lungs, he says.smoke

Emergency medical responders had to heavily sedate the 21-year-old so they could keep him breathing, as the burns on his esophagus and lungs were such that there was a serious risk of his airway being closed. As his air passages swelled, his life was in danger. The only reason he didn’t die, according to a lawsuit detailed in the Daily Business Review, is that he was intubated, meaning a machine was breathing for him.

According to the filing, the culprit in the explosion was a lithium battery. Defendant is a California company that is accused of using this volatile component without accounting for its incendiary properties or warning consumers of the potential danger it posed.  Continue reading ›

The Florida Supreme Court has reinstated a $6.6 million verdict in an asbestos liability lawsuit, quashing an earlier ruling by the Third District Court of Appeals that reversed a trial court’s judgment. homeconstruction

The case, Aubin v. Union Carbide Corp., is one of a string of lawsuits against the Texas-based producer and purchaser of a chemical called ethylene. A number of its products produced at its plants from 1945 to 1980 contained various types of asbestos, including Calidria chrysotile asbestos. Exposure to asbestos is the only known cause of a terminal cancer known as mesothelioma.

While many have decried the fact that the wave of asbestos litigation has clogged courts and forced companies into bankruptcy, these arguments gloss over the fact that these firms were aware of the danger posed by their products, and failed to warn or protect their workers or consumers. In fact, in the case of Union Carbide, evidence produced in a 2012 jury trial in Los Angeles that resulted in a $37.5 million judgment revealed an internal memo that proved the company knew asbestos exposure caused cancer. Continue reading ›

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 ›

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 ›

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 ›

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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