18

Oct

Bloodclots Leading to NuvaRing Lawsuits

This blog is dedicated to updating consumers about product recalls in the U.S. market. However, an equally important topic involves dangerous products that have not been recalled, but perhaps should be. The FDA often either recalls or strongly encourages manufacturers to voluntarily recall products from the market. Yet, on some occasions  dangerous products are permitted to remain in the stream of commerce, either because the risk of injury percentage is low, the science on causation for injury is underdeveloped or the FDA is not aware of the serious risks involved.  One such product is NuvaRing, a once-a-month vaginal ring contraceptive which is marketed as containing lower doses of hormones. Recent studies on the contraceptive have indicated that use is strongly correlated to an increased risk of blood clots. 

The British Medical Journal published a study on May 10, 2012 linking vaginal rings (like NuvaRing) to an alarming 90% increased risk of blood clots over oral contraceptives. In June this year, another study was release in the New England Journal of Medicine indicating that vaginal rings could lead to up to a 3-fold increased risk of blood clots.

To date, the FDA has received over 1,000 reports of blood clots developing from NuvaRing use. Further, in 2011, the FDA released a report concluding that vaginal ring contraceptives could increase risk of blood clots by 56%.

Because so many individuals have been injured by NuvaRing, all NuvaRing cases involving blood clot injuries have been consolidated into Multi-District Litigation (MDL) in Missouri. Multi-District Litigation is different from a class action. Unlike a class action, where all plaintiff’s injuries are the same, in an MDL every person harmed has their own separate claim with a separate injury. However, the cases are consolidated under one court and one judge due to similarity in product and causation. Yet, every plaintiff is still awarded, if monetary compensation results, an amount of funds which accurately represents his or her individual injuries. It is also important to note that any person injured by NuvaRing can file their case in this MDL. It is not required that the plaintiff travel to Missouri for any purpose.

Recently, in late August, U.S. Federal District Judge Rodeny W. Sippel – overseeing the NuvaRing Cases, announced that the first Bellwether trials will begin May 2013.  A Bellwether trial is brought before the MDL judge and involves a representative group of plaintiffs. The trial process and decision ideally offer both parties an idea as to how litigation would result in individual trials. Bellwether trials often encourage settlement between the parties.

If you have experienced a blood clot, DVT, stroke or pulmonary embolism, contact an attorney for assistance. A claim against a dangerous device or drug manufacture provides just monetary compensation to the individual inured and also deters future negligent product production.

Please visit our firm site for more information.

244 days ago Short URL Comments

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21

Jun

Nine dangerous products of which you should be aware

As previous posts have mentioned, the Consumer Product Safety Commission has cracked down on both manufacturers and resellers of consumer products, issuing more regulations than ever before. In response to the recent influx of rules, an article indicates interest in product recall and liability insurance is rising. This is potentially due to the increased risk for exposure to lawsuits. While manufacturers and retailers are concerned about liability after their product is released, ideally it is an equal concern of theirs that the products they release onto the market are safe from the beginning. Yet, serious and sometimes fatally defective products are still sold every day. Here is a list of nine recent dangerous products that have been recalled. 

1. In May, both Wal-Mart and Toys R Us, Inc. recalled approximately 21,000 inflatable banzai water slides. A hard surface at the bottom of the slide exposed users to potential injury if the area deflated. One woman died from a fractured neck and two people reported fractured necks from use.

2. In March, Ford Motor Co. was sued for selling trucks that it knew had defective fuel tanks for ten years while concealing the issue from customers.

3. In April, two women filed suit against the Moon Marine U.S.A. Corp. for serving them sushi which allegedly contained salmonella. The sushi was made from ”Nakaochi Scrape,” frozen back meat that is shaved from fish bones, which ended up in about 60,000 pounds of ground yellowfin tuna.

4. In June, a class action was filed against a dog food manufacturer, Diamond Pet Foods Inc., for manufacturing a dog food which allegedly contained salmonella, sickening both dogs and dog owners.

5. In May, Toys R Us, Inc. recalled over 20,000 the Imaginarium 5-sided activity center due to a possible chocking hazard.

6. In May, Select Brands, Inc. 4,000 units of its kitchen selective 6-speed blenders, model BL-15 for a potential laceration risk.

7. Pottery Barn kids, in December recalled over 7,000 units of children’s canopy beds after some 33 reported injuries due to collapsing beds.

8. In December, the Build-A-Bear workshops recalled 284, 000 Colorful Hearts Teddy Bears because the bear’s plastic eyes could fall off, causing a choking hazard.

9. In December, Target Co. recalled some 139,000 Circo 17-inch Children’s Travel Cases after discovering the surface coating contained excessive amounts of lead.

It is imperative to stay up to date on all product recalls. The risks of being in possession of a dangerous product are substantial and can sometimes be fatal. If you have been seriously injured by any of these products, please contact our firm.

363 days ago Short URL Comments

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29

May

Unintended Collapsible Chairs Present Fall Hazard

We are all familiar with the story of Goldilocks and the Three Bears. In her romp around a strange bear-family’s home, Goldilocks plants her rump on three different chairs, breaking the aptly named Wee Bear’s chair and tumbling to the floor. In the original story, there’s not a lot of sympathy generated for Goldilocks, whose actions, including breaking into a family’s home and destroying some of the personal belongings inside, lead to her fall. In order words, she brought that bottom bruise upon herself.

Unlike the precarious Goldilocks, more innocent and undeserving consumers may be experiencing some chair falls of their own, due to a recently revived, broken chair predicament.

Stoneberry,  a major retailer of brand name electronics and appliances, has recently  voluntarily recalled, along with the Consumer Product Safety Commission (CPSC), a three piece oak table and chair set. Apparently, the chairs can collapse during normal use, causing a fall hazard. 

The table is square shaped with four legs.  The chairs have a white-padded cushion seat. The set has a style number of 404285 however the number does not appear anywhere on the set.

Consumers should contact Stoneberry at (800) 704-5480  between 6 a.m. and midnight CT Monday through Friday, or visit http://www.stoneberry.com. for instructions on returning the product for a full refund.

386 days ago Short URL Comments

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24

May

Recalled product news more available than ever with new mobile website

As a previous post mentioned, tapping into recalled product news is vital in order to ensure the products you use are safe. We recommended that savvy consumers regularly check the consumer product safety commission website and this blog in order to stay alert to dangerous product notices.

Now, there is another way to stay updated to product safety news. Two safe products organizations, Kids in Danger (KID) and WeMakeitSafer have teamed up to release a recalled product mobile website. The website combines life-saving information with technologically advanced services which permit for quick recalled product searches.

For both organizations, making product recall information more readily accessible to consumers is an intricate part of their mission. The main goal of the mobile site is to ensure parents have quick access to recall product news even while they are in the process of shopping for products. 

In addition to the search application, the website includes KIDS safety tips, personal stories from experiences with recalled products and other key features.

KID, a non profit organization dedicated to making products safe, was founded in 1998 by the parents of sixteen month old Danny Keyser who died while at daycare when a crib collapsed on him.

The mobile site will be revealed tonight at the KID Best Friend Award Night. This is an annual event which honors Danny Keyser and other victims of recalled products, in addition to recognizing the contributions of a “best friend” of product safety.

Staying informed to recalled products is more possible than ever, thanks to the efforts of such great organizations.

391 days ago Short URL Comments

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03

May

High flames occasion a recall

Candles, incense and oils create sensuous smells in the home. The comforting fragrance and cozy look of a burning flame inspires millions of people every year to adorn their living rooms, bedrooms and kitchens with luxurious scented blazes.

However, these flames have the potential to be tremendously dangerous. According to the National Fire Protection Association, over 3,000 fires start every year from candles alone. The fires cause an annual average of 136 deaths, 1,041 injuries and $471 million in property damage. There is undoubtedly a serious need to use candles with care. At least 12% of fires start as a result of human error, specifically from falling asleep before blowing out a flame. However, faulty products also play a part in these tragedies.

On May 1, the U.S. Consumer Product and Safety Commission, in cooperation with Nantucket Distributing Co., announced a voluntary recall of a candle holder. The product, a glass and metal tea light holder, has the propensity to produce a high flame, which can cause fire damage. Merchants received at least one report of a tea light burning with a high flame that resulted in a burn to a consumer’s hand.

Christmas tea shops in the Northwest, Mid-Atlantic and Midwest sold the product from July 2011 to March 2012 for about $5. Specifically, the product is a spiral tea light holder made from painted glass with a red, orange and green floral design. The glass has a metal insert for holding the tea light.

Consumers should stop using the recalled spiral tea light holder and return it to any Christmas Tree Shops store to receive a full refund. For additional information, contact Christmas Tree Shops toll-free at (888) 287-3232 any time, or visit the firm’s website www.christmastreeshops.com.

If you have been seriously injured by this product, you may be entitled to compensation. An experienced advocate will ensure you are adequately represented.

412 days ago Short URL Comments

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25

Apr

Computer battery recalled due to fire hazard

Lenovo very recently recalled the batteries used in its ThinkPad Notebook Computer. Reportedly, the battery has the potential to overheat and catch fire. The Consumer Product and Safety Commission noted that if the battery in the laptop is struck forcefully on the corner, such as from a fall, the battery can overheat and cause a hazard.

Lenovo has actually received notice of four incidents where batteries in the ThinkPad overheated and damaged the computer.  It is important to note that computer damage is not the only concern, as personal safety issues associated with fire hazards must also be considered. For the sake of your wallet, and your health, please stop using the recalled battery immediately.

The company sold these batteries with the ThinkPad computer and separately as optional or replacement batteries.  Specifically, they are lithium-ion extended life batteries. Approximately 100,000 batteries were sold, nationwide. Please visit the CPSC website for detail as to the computer model and battery numbers involved.

Consumers should stop using the recalled batteries and contact Lenovo for additional information. Contact Lenovo at (800) 426-7378 anytime, or log on to www.lenovo.com/batteryprogram to determine if the battery is part of the recall and.

If you have been seriously injured by this product, you may be entitled to compensation. An experienced advocate will ensure you are adequately represented.

420 days ago Short URL Comments

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19

Apr

Why being aware of recalled products is still important

Picture of the band attachment mechanism that ...

Picture of the band attachment mechanism that led to the recall of the Daisy "Natural" line of slingshots. Pictured is the ERG-100 model.

This blog is dedicated to alerting the public to dangerous and recalled products in a timely manner.  Being on top of recent recalls is just as important as paying attention to other safety alerts such as traffic updates and tornado warnings. Recalled products can be dangerous, and sometimes fatal, just as storms and car accidents. Recent recalls such as mis-labeled Acetaminophen and a 10-inch circular saw with packaging laceration hazards only solidify this point. However, consumers are often not as informed when it comes to recent recalls, as they are to more publicized safety reports.

According to an article in ABC News, most consumers do not receive notice of recalled products before they cause grave injury, because the news does not usually cover non-fatal or non-serious recalls. However, knowing about a dangerous product, only after the product has actually harmed someone is not the best way to ensure you and your loved ones are safe, particularly if you or your loved ones are the harmed.

A recent post commented on a 2011 product recall report. While the report asserted that the number of 2011 recalled products actually decreased, the number of injuries associated with such products increased from previous years. The post speculated that the failure to alert consumers to recalled products resulted in the increase in injury. If consumers are not aware that a product was recalled, they will not know to avoid use.

In fact,  a major purpose of the Consumer Product Safety Commission (CPSC) is to create regulations and mandates that prevent injury from ever occurring.  The 2011 report suggests that the CPSC is effective in ensuring manufacturers abide by mandates, resulting in a decrease in recalled products. However, if the public is not aware that a product is even recalled, injuries associate with that dangerous product will not decrease as well.

The best way to stay on top of dangerous products is to subscribe to the CPSC email alert system. When you sign up, the agency will send you updates directly. You can also search the CPSC database for recalled products if you suspect you are in possession of one, or even if you want to know a product you plan to buy second hand is safe. The database also lists products it considers dangerous, but that have not yet been recalled. Additionally, you can look up complaints associated with alleged dangerous products and report your own on the CSPC website.   Finally, you can follow this blog.

Be aware of a danger before injury occurs.

If you have been injured by a recalled product, you may be entitled to compensation. An experienced advocate will ensure you are adequately represented.

426 days ago Short URL 1 Comment

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12

Apr

Something is Fishy

The Minnesota Department of Agriculture recently discovered that a variety of smoked fish products, distributed by a Minnesota company, may be contaminated with Clostridium botulinum spores, which can be deadly to humans. In response, the company, Minnesota-based Import Foods Wholesale Inc., voluntarily recalled four types of their fish products:

- Smoked Croaker in a 10lb cardboard box with a code: 298/11 – Smoked Barracuda in a 10lb cardboard box with a code: 0282/011 – Smoked Big Eye in a 10lb cardboard box with a code: 287L10 – Smoked Red Snapper in a 10lb cardboard box with a code: 298-11. (All the products were made in Guyana.)

Before sale, fish of five inches in length or greater must be properly eviscerated.  Evisceration of fish involves the complete removal of all internal organs (viscera) in the body cavity, including the gills. A failure to eviscerate or properly eviscerate can result in potentially deadly botulism poisoning.

The products were sold in stores in Minnesota, South Dakota, North Dakota and Iowa.

Symptoms of botulism include blurred or double vision, general weakness, poor reflexes, difficulty swallowing and respiratory paralysis which may lead to death. People experiencing these problems should seek immediate medical attention.

If you’ve been seriously affected by this recall, please contact our firm immediately. You can read about our firm’s experience with personal injury claims here.

433 days ago Short URL Comments

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03

Apr

Number of Recalled Products in 2011 Down, but Injuries are Up.

Kids In Danger (KID) has released its annual report, detailing product recalls throughout the previous year. The number of children’s product recalls dropped 24% since 2010, but injuries and other incidents related to the recalls increased 7%. Understandably then, KID is hesitant to conclude this recall drop results from positive safety improvements in children’s products.   

KID, in its 2011 Measure of Safety report states “[i]t is hoped that the reduction in the number of recalls is a positive sign as manufacturers start to test their products as required by CPSIA. But with the secrecy surrounding the process, that is difficult to ascertain. There are many products on SaferProducts.gov with serious injuries that have not been recalled.”

KID indicates it believes the decline in recalls is likely due to companies’ adherence to a new children’s product safety law. However, with a 7% increase in injuries associated with these recalls, one must wonder whether the product safety law does more than just get stores to follow rules, by actually preventing injuries from occurring.

One problem may be that while companies recall products when they realize they are dangerous, consumers who have the products do not receive notice of the recall and/or fail to send the product back to be repaired. Only 15% to 30% of products are sent back or repaired, but some high-profile recalls get higher response rates, the CSPC says. The percentage of products fixed or replaced remains largely unchanged the past few years.

Difficulty contacting consumers is one reason for this low response rate, says Kevin Sterneckert, retail research chief at technology advisory firm Gartner Group. Stores track shoppers’ purchases closely, but they sometimes have difficulty linking a person with a purchase. A solution to this problem is the requirement that consumers complete registration cards upon purchase. The registration helps the store track the consumer in the event of a recall.

CPSC has required makers of 22 children’s products to include registration cards since June 2010.  However, the success of such requirements are yet unknown.

Regardless, if your child has been injured by a recalled product, you may be entitled to compensation. Please contact our firm if you or a loved one has been injured by a recalled product.

442 days ago Short URL 1 Comment

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22

Mar

Child Safety Locks that Don’t Lock

Parents go through hours of trouble, installing child safety locks on their kitchen cabinets, bathroom drawers and endless other household compartments so that their newly mobile children cannot access whatever dangerous items are in those spaces.  Unfortunately, if Push ‘N Snap Cabinet locks were used in the child-proof extravaganza, the effort was pointless. The Consumer Product and Safety Commission, in cooperation with Dorel Juvenile Group (DJG), today announced a voluntary recall of the Push ‘N Snap locks.

DJG has received 200 reports of locks that did not adequately secure the cabinet, including reports of damaged locks. Of the reported incidents, the firm is aware of 140 children between the ages of 9 months and 5 years who were able to disengage the locks and gain access to the cabinet’s contents. In three of the reported incidents, the children who gained access swallowed or handled dishwashing detergent, window cleaner or oven cleaner, and were treated, observed and released from emergency treatment centers.

This recall involves Safety 1st Push ‘N Snap cabinet locks with model numbers 48391 and 48442. The model numbers are printed on the back of the product and on packaging. Locks manufactured between January 2004 and November 2010 are included in the recall. The date of manufacture is embossed on the back.

Consumers should immediately remove the recalled locks from cabinets and contact DJG for a free replacement Push ‘N Snap lock with model numbers HS158 or HS159. When removing the recalled locks, consumers are urged to immediately store dangerous items out of reach of children.

Please contact our firm if you have been affected by this recall.

454 days ago Short URL Comments

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