Articles Posted in Product Liability

mangled bike

Last year was a record year for vehicle recalls. Already this year, Ford has announced a recall of nearly 400,000 Ranger pickups due to faulty airbags.  The National Highway Traffic Safety Administration (NHTSA) has just announced a recall of Britax car seats.  The Consumer Product Safety Commission issues a new recall virtually every day.   As a consumer, how do you know if the products you and your family use are safe?  And what do you do if you get hurt by a defective product? Continue reading

pill bottles

You may have seen the Xarelto commercials featuring Arnold Palmer, Kevin Nealon, Chris Bosh and Brian Vickers — the ones that tout the convenience of Xarelto. According to the manufacturer, there are two benefits of Xarelto: (1) patients on Xarelto do not have to avoid vitamin K rich foods and (2) patients on Xarelto do not have to undergo frequent blood tests to monitor their INR.  Now, if you are a patient on warfarin (Coumadin), the decades-old blood thinner, Xarelto might sound like an attractive option. But, most patients do not know the dangers of Xarelto. Continue reading

Scale

So, it is January 4th.  How many of your New Year’s resolutions are already busted?  If you are like most of us, it is probably at least one.  That is the bad news.  But, here is the good news: below is a list of 10 easy New Year’s resolutions that are easier than losing 10lbs and will help keep you safe and prepared in 2016. Continue reading

KONICA MINOLTA DIGITAL CAMERA

I just read an article that suggested tech companies like Google and Apple should rethink entering the automotive market because it is a “different animal” due to the cost associated with building auto plants, building sales and service networks and the “daunting liabilities involved when human lives are at stake.” Retired Vice Chairman of General Motors actually sneers at the notion that “Silicon Valley techies” could do it smarter or better. While admittedly, I do not have much information or expertise on the cost of plants or the network issues, let me rant for a moment, if you will, on the liabilities issue.  Continue reading

Ironic door sign

Some people are natural born complainers. Like this one from Middle Class Problems on Twitter: “A pecan from my maple and pecan slice has tragically fallen into my fresh coffee. Worst day ever.” (If you have never checked out Middle Class Problems, you should.) But some of us are loathe to complain. We do not want to be perceived as demanding, obnoxious, whiny, needy, etc. Or, we don’t complain because we think it will not do any good. But from my perspective as a personal injury lawyer, there are times when it is critical to complain. Below are 5 times you should complain freely and without hesitation. Continue reading

brain photo

Each year, more than 1.4 million people will suffer a brain injury from a car accident, fall, assault or some other cause. The brain is incredibly complex and so is the treatment of brain injuries. Primarily, physicians have relied upon CAT scans and physical symptoms such as loss of consciousness, dizziness, nausea, slurred speech, confusion and the like to determine the severity of the brain injury.

But both of those methods have their limitations. For instance, CAT scans can only detect if there is cranial bleeding. They are unable to detect damaged brain cells that are not bleeding. As for the physical symptoms, they may not always be detected or reported. For instance, in a car accident, a person may lose consciousness for a short period of time and regain it before any emergency medical personnel reach the scene. Or with a young infant who has not yet learned to talk, it would be difficult to know if the child was slurring its speech or was dizzy, etc. Continue reading

Emergency room

 

Litigation is underway against the manufacturers of IVC filters.  In particular, more than 100 cases have been filed against Cook Medical, and more than 400 cases have been filed against C.R. Bard, Inc.  If you have an IVC filter, below are 10 things you should know.  Continue reading

Aqua Dots photo

Well, I would certainly hope not. But that really is not the point. The point is Spin Master manufactured a toy, Aqua Dots, which was tainted with the date rape drug.  Children, who tend to put things in their mouth, ingested the drug and became ill.  Spin Master failed to tell anyone about reports of children being hospitalized after ingesting the Aqua Dots.  When this came to light, the company agreed to pay a $1.3 million dollar fine.   And last week, a jury awarded a family $435,000 because their son fell into a coma and continues to have residual problems after ingesting the date rape drug from the Aqua Dot toy.   So how does Spin Master defend all of this? Continue reading

Since the beginning of February, the FDA has been busy with recalls related to undeclared peanut allergens.  A good number of the recalls are related to tainted cumin but not all. The foods involved are:

  1.  Pride of Szeged Sweet Hungarian Paprika (manufactured by Spiceco) 
  2. Goya and Kirby – Black Bean Soup and Black Beans with Creole Seasoning (manufactured by Goya)
  3. Whole Foods Market Divine Treasures 100,000 Smooches candy (manufactured by Whole Foods Market)
  4.  Whole Foods Market – prepared salads, tacos and seasoned meat items (manufactured by Whole Foods Market)
  5. Village Hearth, Lender’s, L’Oven Fresh and Kroger bagels (all produced by National Choice Bakery). This recall also involves tree nuts.
  6. Pepperidge Farm bagels (manufactured by Pepperidge Farms). This recall also involves tree nuts.
  7. Sara Lee, Thomas and Jewel bagels (all manufactured by Bimbo Bakeries) This recall also involves almonds.
  8. See’s Candies Classic Red Hearts and assorted chocolates (manufactured by See’s Candies). This recall also involves undeclared tree nuts.
  9. The Spice Mill Chef’s Choice Ground Cumin and Cajun Seasoning (manufactured by the Spice Mill)

Even more cumin-related recalls occurred in January.  For more details on these and other food recalls, go to http://www.fda.gov/Safety/Recalls/

Food allergies can be life-threatening. In fact, approximately 1,500 Americans die each year because of allergic reactions to food. If you or a loved one has suffered a serious allergic reaction to an undeclared allergen or contaminated food, we can help. Contact one of our award-winning attorneys today for a free, no-obligation consulation. Call us anytime at 866-812-8787

The 2008-2009 salmonella outbreak prompted one of the biggest food recalls in this country’s history. 714 people were sickened and 9 people died as a result of tainted food. This month, federal prosecutors are seeking criminal penalties against the corporate management of a peanut company that faked lab results and failed to recall products they knew were contaminated with salmonella.

Peanut Corp. of America supplied peanut paste to companies like Kellogg’s to be used in peanut butter crackers etc., but often had trouble meeting demand. So rather than wait two days for salmonella and other contaminant testing, the company would ship the peanut paste on the same day it was made and use old lab results to attach to the product. Just as bad if not worse, the company failed to recall their product if testing revealed it was tainted. 

As evidenced by this case, the effects of food poisoning can go way beyond diarrhea and general malaise. It can cause serious injuries and even death. Individuals and corporations who recklessly expose the consuming public to such injuries should be held accountable for compensatory damages and punitive damages. And, when appropriate, they should face criminal penalties.