Yourlawyer.com (Product Liability News) http://www.yourlawyer.com/practice_area/product_liability Thu, 20 Jun 2013 03:29:19 -0400 pixel-app en Chrysler Says No to NHTSA Recall Request http://www.yourlawyer.com/articles/read/19343 Wed, 05 Jun 2013 00:00:00 -0400 http://www.yourlawyer.com/articles/read/19343 In an unusual move, Chrysler Corporation has refused a request by the National Highway Traffic Safety Administration (NHTSA) to recall 2.7 million Jeeps, disputing the agency’s collision data.

The NHTSA said the Jeeps’ rear-mounted gas tanks could catch fire in a rear-end collision, according to ABCNews, but the company said the vehicles are safe and it will not recall them. The Jeeps included in the request are 1993-2004 Grand Cherokees and 2002-2007 Libertys.

Without Chrysler’s compliance, the NHTSA would need a court order to enforce a recall. David Strickland, NHTSA administrator, said he hopes Chrysler will reconsider its decision, ABCNews reports. “Our data shows that these vehicles may contain a defect that presents an unreasonable risk to safety,” Strickland said in a statement.

The NHTSA investigation of the Jeeps began in August 2010, at the request of the Center for Auto Safety, a consumer advocacy group. The agency found that the Jeeps’ fuel tanks can fail in a rear-end collision and can leak fuel, possibly causing fires. The NHTSA said the placement and height of the tank above the road are design defects, according to ABCNews.

Chrysler changed the Grand Cherokee’s fuel tank position in 2005 and the Liberty’s in 2007, repositioning the gas tank ahead of the rear axle. But retrofitting the older Jeeps would be very expensive, ABCNews reports. An industry analyst estimated that a 2011 Toyota recall cost $240 million. Toyota recalled 1.7 million cars to correct possible fuel leaks from loose fuel pressure sensors.

]]>
Lea Industries Recalls Children's Beds Due to Fall Hazard http://www.yourlawyer.com/articles/read/19312 Wed, 22 May 2013 00:00:00 -0400 http://www.yourlawyer.com/articles/read/19312 Lea Industries has voluntarily recalled 34 different children’s bed collections, including loft, bunk and panel styles, in the sizes of twin, full and queen. The beds were made of wood and sold in various finishes, with painted-on colors, including black or white.

The reason for the recall, as noted by the Consumer Product Safety Commission (CPSC), is that the side mattress support rails can break, posing a fall hazard.

About 59,200 units were sold in the U.S., the CPSC noted.

Since 2009, there have been 22 reported incidents in the U.S. involving the recalled beds, reported ClickOrlando.com, which added that, in 2009, a 6-year-old girl received a head injury after the top mattress of a bunk bed fell on top of her.

The beds have two side mattress support rails connecting the headboard to the footboard and slats or a Bunkie board to support the mattress. Platform beds manufactured since 2010 are not included in this recall.

According to the CPSC, consumers should contact Lea Industries for a replacement. The company can be reached toll-free at (888) 770-7116, from 8 a.m. to 7 p.m., ET, Monday through Friday, or online at www.leaindustries.com and click on Recall for more information.

]]>
Bean Bag Chairs that Can Unzip are Unsafe for Children: the CPSC http://www.yourlawyer.com/articles/read/19307 Mon, 20 May 2013 00:00:00 -0400 http://www.yourlawyer.com/articles/read/19307 Some models of Anywhere Lounger bean bag chairs have been subject to a recall, according to a May 16 announcement by the U.S. Consumer Product Safety Commission (CPSC) in cooperation with Powell Company.

The reason for the recall, according to the CPSC’s press release: “Bean bag chairs without a permanent zipper closure allow young children to unzip, ingest or inhale the small beads inside of the bean bag chair, posing a suffocation and strangulation hazard.”

No injuries have been reported, the CPSC added.

The recalled Anywhere Lounger bean bag chairs are 100% polyester or 100% cotton, and measure about 51 inches in height with a 43-inch-wide base, according to the CPSC.

Recalled colors include purple (item 199-B004), chocolate (item 199-B005), bayou blue (item 199-B006), pink (item 199-B007), lime green (item 199-B008), denim (item 199-B009), black and white (item 199-B012), striped black and white (item 199-B014), natural (item 199-B016) and camo (item 199-B017).

The item number is printed on the product packaging, and Powell Company is printed on the label on the bean bag chairs, according to the CPSC.

The bean bags, manufactured in China, were sold at furniture stores nationwide, including W.S. Badcock, Value City Furniture and Nebraska Furniture Mart, as well as online at Groupon.com from June 2012 to February 2013 for about $100. The recall involves some 6,300 units.

The CPSC advises those that own one of the recalled bean bag chairs to first take it away from their child and stop using it immediately. They should then examine it and see if the exterior zipper can be unzipped; if it can, consumers should contact the Powell Company to receive a free repair kit.

The company can be reached at (800) 622-4456 from 8 a.m. to 5 p.m., Pacific Time, and on its website at http://www.powellcompany.com/AnywhereLounger.aspx. On its website, Powell Company offers to send pliers to consumers who need them.

]]>
Toyota Recalls FJ Cruiser, Again http://www.yourlawyer.com/articles/read/19296 Mon, 06 May 2013 00:00:00 -0400 http://www.yourlawyer.com/articles/read/19296 For the second time in as many months, Toyota Motor Corp. is issuing a recall of its FJ Cruiser sports utility vehicles (SUVs). The current recall involves blinding headlights. The March recall involved a seatbelt malfunction.

This new recall involves 11,489 FJ Cruisers, from the model years 2007 through 2013, the Los Angeles Times reported. The Cruisers’ headlights have a defect in terms of the lights’ wattage, which may blind oncoming drivers. The newly recalled Cruisers were manufactured from January 25, 2006, through February 23, 2013, according to the National Highway Traffic Safety Administration (NHTSA).

The headlights are equipped with Toyota’s "Auxiliary Driving Lamp Kits." These are mounted to the vehicles’ front bumpers, the Los Angeles Times explained. According to documents filed with the NHTSA, the lamp assemblies include 55-watt bulbs. The documents indicate that, "due to this wattage, the combination of the upper beam headlamps plus the auxiliary lamps are too bright and exceed the maximum light output allowed for an upper-beam headlamp."

The NHTSA says that the "excessively bright" lights "may temporarily blind oncoming drivers, increasing the risk of a crash," according to the Los Angeles Times. Toyota reported the problem to the administration on April 25, saying it would notify owners of the recalled Cruisers; dealers will replace the 55-watt bulbs with 35-watt bulbs at no cost to vehicle owners. The recall, said the Los Angeles Times, is scheduled for implementation in late May; Toyota may be reached, toll-free, at 1.800.331.4331.

The prior recall, according to Reuters, involved 310,000 of its FJ Cruisers worldwide due to a defective seatbelt anchor that could detach with wear, according to Toyota.

Most of the recalled Cruisers—two-thirds—involved U.S. vehicles,  model years 2007 through 2013, said Toyota. At the time of the recall, noted Reuters, no accidents or injuries were reported over the seatbelt defect.

"The seatbelt retractors for the driver and front passenger seat belts are mounted on the rear doors of the vehicles," Toyota said in a press statement. "Due to insufficient strength of the rear-door panel, cracks may develop over an extended period of time if the rear door is repeatedly and forcefully closed." The defect may cause the seatbelts to become unanchored, said Reuters. Toyota was planning on sending letters to FJ Cruiser owners once it determined a remedy to the defect, Reuters reported.

Earlier this year, Toyota announced a safety recall that included more than 750,000 Toyota Corolla and Corolla Matrix vehicles, model years 2003-2004, due to an air bag defect that could injure motorists. At that time, Toyota also issued a recall for more than a quarter-million 2006-2013 model year Lexus IS sport sedans due to a windshield wiper defect. In 2009, millions of Toyota vehicles were involved in a faulty accelerator debacle. Toyota long neglected to advise the public regarding potential dangers related to the sticky pedals, which were associated with cars speeding out of control. Toyota announced several recalls since on other vehicles.

]]>
Rebate Scam Allegedly Earned Millions for Truck Stop Operator Pilot Flying J http://www.yourlawyer.com/articles/read/19298 Tue, 23 Apr 2013 00:00:00 -0400 http://www.yourlawyer.com/articles/read/19298 Pilot Flying J truck stop chain is the subject of a fraud investigation by the FBI, which is looking into an alleged scam involving Pilot executives stealing millions of dollars owed to customers in the form of gas rebates to boost the company’s bottom line and also fatten their commissions.

The investigation roared into the public’s eyesight last week, when federal agents raided the company’s West Knoxville, Tenn.-based corporate headquarters. A 120-page federal search warrant affidavit was filed in U.S. District Court in Knoxville, Tenn. It specifically charged sales employees with pocketing fuel price rebates and discounts that should have gone to the company’s trucking company customers, The Plain Dealer reported, adding that the affidavit also revealed that FBI and IRS agents are investigating charges of conspiracy, mail fraud and wire fraud.

The document also noted that the scheme had to involve the company’s highest-level executives, the Plain Deal reported, noting that current president Mark Hazelwood and CEO James A. “Jimmy” Haslam III, who also owns the Cleveland Browns, had to be aware of it because “rebate fraud-related activities have been discussed during sales meetings in Knoxville, Tenn., in which Hazelwood and Haslam have been present.”

Haslam earlier this week revealed details of the company’s response to the charges, while at the same time remaining mindful not to acknowledge that any of the allegations were true, The Tennessean reported.

Immediate steps taken by Pilot Flying J include putting members of the sales team on administrative leave and hiring an outside investigator with experience working at the U.S. Justice Department to conduct an independent review. The response also included ordering internal auditors to review the multibillion-dollar truck stop company's direct billing process with each of Pilot's 3,300 trucking clients, USA Today reported.

“We make mistakes like any company does but there is absolutely no excuse for that kind of behavior,” Haslam was quoted as saying by The Tennessean. “I don’t think I’ve ever been as embarrassed as I have been since I read the affidavit.”

He added: “I, more than anyone, understand the damage to relationships,” noting whereas the company once had the best relationships in the trucking industry, since the FBI raid and accompanying news, “[w]e now have the worst,” he said.

Haslam did not name the executives who were put on leave, USA Today reported, although the affidavit included “especially blistering” recorded conversations involving John Freeman, the vice president of sales, and Brian Mosher, the director of sales for national accounts.

The rebate program would give a trucking company a certain number of rebates based on the volume of diesel fuel its individual drivers purchased at Pilot’s truck stops, which are located throughout the U.S.

The Tennessean reported that, “according to secretly recorded conversations transcribed in the FBI affidavit, sales staffers were manually reducing the rebate that was owed, counting on the companies to not catch the error.”

Pilot Flying J has more than 650 locations and 23,000 employees; last year, it reported $29.2 billion in sales, according to USA Today.  

]]>
Carter's Infant Pajamas Recalled for Possible Choking Hazard http://www.yourlawyer.com/articles/read/19283 Mon, 15 Apr 2013 00:00:00 -0400 http://www.yourlawyer.com/articles/read/19283 More than 200,000 pairs of infant pajamas were recently recalled by Carter’s, according to the U.S. Consumer Product Safety Commission (CPSC).

The zipper on the one-piece footed pajamas can detach and pose a choking hazard to young children, the CPSC said on its website. Eight different pajama styles, in sizes 3-,
6-, and 9-month sizes, are involved in the recall. According to FoxNews, there have been no reports of injuries to date.

The pajamas were sold between December 2012 and January 2013 at OshKosh B’Gosh, Walmart and Target. The Baby B’gosh pajamas were also sold online at oshkoshbgosh.com.

The recalled pajamas were sold under the labels Baby B’gosh, Child of Mine, and Just One You. The style number is printed on a side-seam label: Baby B’gosh 414-208; Child of Mine 715-839; Just One You 520-242, 597B537, 520-243, 597B538, 520-244 and 597B539.

Consumers who have purchased these pajamas should contact Carter’s at 888.282.4674, Monday through Friday, 8 a.m. to 4:30 p.m. Central Time, or online at www.carters.com.  The company will give the consumer a full refund, FoxNews reported.

More than 200,000 pairs of infant pajamas were recently recalled by Carter’s, according to the U.S. Consumer Product Safety Commission (CPSC).

 

The zipper on the one-piece footed pajamas can detach and pose a choking hazard to young children, the CPSC said on its website. Eight different pajama styles, in sizes 3-,

6-, and 9-month sizes, are involved in the recall. According to FoxNews, there have been no reports of injuries to date.

 

The pajamas were sold between December 2012 and January 2013 at OshKosh B’Gosh, Walmart and Target. The Baby B’gosh pajamas were also sold online at oshkoshbgosh.com.

 

The recalled pajamas were sold under the labels Baby B’gosh, Child of Mine, and Just One You. The style number is printed on a side-seam label: Baby B’gosh 414-208; Child of Mine 715-839; Just One You 520-242, 597B537, 520-243, 597B538, 520-244 and 597B539.

 

Consumers who have purchased these pajamas should contact Carter’s at 888.282.4674, Monday through Friday, 8 a.m. to 4:30 p.m. Central Time, or online at www.carters.com.  The company will give the consumer a full refund, FoxNews reported.

]]>
Ford Motor Company Hit with Unintended Acceleration Lawsuit http://www.yourlawyer.com/articles/read/19259 Mon, 01 Apr 2013 00:00:00 -0400 http://www.yourlawyer.com/articles/read/19259 A group of Ford purchasers has filed a lawsuit in federal court against Ford Motor Company, alleging that defects in Ford vehicles cause unintended acceleration, resulting in injuries and damages.

The suit claims that Ford vehicles manufactured between 2002 and 2010, equipped with electronic throttle control systems, are vulnerable to sudden unintended acceleration. The suit further alleges that Ford has admitted that some of its vehicles are prone to this problem. A similar acceleration issue has been heavily litigated against Toyota.

The lawsuit, citing a 2011 report by the U.S. Department of Transportation Inspector General, alleges that Ford owners have experienced unacceptable rates of sudden unintended acceleration and that Ford should have prevented the incidents by including a brake-over-accelerator or other fail-safe system, Law360 says.

According to Law360, Ford began installing a brake-over-accelerator system in some vehicles in 2010, but has not remedied the problem in earlier vehicles or warned those owners.  An electronic throttle system can unexpectedly take control of the accelerator from the driver, Law360 explains, and the vehicle needs a safety system to restore control when the driver hits the brakes.

The lawsuit could potentially include millions of Ford purchasers and lessees, if the court grants certification of nationwide and statewide classes. A plaintiffs’ attorney said that the plaintiffs are seeking to recover the lost value of their cars and to have Ford fix the acceleration problem so that “no more people are injured and no more lives are at risk because of the accelerator problem.”

 

 

]]>
Recall Issued on Bugaboo Cameleon3 Baby Stroller due to Fall Hazard http://www.yourlawyer.com/articles/read/19257 Thu, 28 Mar 2013 00:00:00 -0400 http://www.yourlawyer.com/articles/read/19257 A recall has been issued on the Bugaboo Cameleon3 baby stroller because its carrying handle can break, posing a fall hazard.

The U.S. Consumer Product Safety Commission (CPSC) indicates in a safety recall notice that the action includes about 9,200 of these strollers sold in the U.S. and another 960 sold in Canada. The Cameleon3 strollers were sold at Buy Buy Baby, Toys R Us, and other retailers where baby products are offered for between $889 and $1,600. The strollers were available to consumers from September 2012 through March 2013.

The recall is specific to the Bugaboo Cameleon3 stroller. It has an aluminum and plastic frame with rubberized wheels, a removable seat and bassinet, a removable U-shaped carry handle, an under-the-seat storage bag, and a sun canopy. They are sold in various colors. The words “Bugaboo” and “Cameleon3” appear on a fabric tag on the side of the sun canopy, according to the CPSC notice.

Bugaboo indicates that it has received at least 16 reports of incidents in which the carry handles of the Cameleon3 strollers broke. No injuries were reported in those incidents.

The recall includes Cameleon3 strollers with serial numbers ranging from 19010 11153 00001 to 19010 51248 00215. These numbers are found below the stroller’s seat.

The Cameleon3 strollers can still be used by consumers as they await the free replacement parts offered by Bugaboo. According to the CPSC report, owners of these strollers should remove the potentially defective carry handle from the bassinet or seat and contact the company for a replacement. The stroller can still be used, provided it is attached to the chassis.

]]>
Brake Malfunction Prompts Recall of 250,000 Honda Vehicles http://www.yourlawyer.com/articles/read/19239 Fri, 15 Mar 2013 00:00:00 -0400 http://www.yourlawyer.com/articles/read/19239 Honda Motor Co. has issued a recall on nearly a quarter-million vehicles worldwide due to a malfunctioning brake system that applies pressure to brakes even if a driver doesn’t touch the pedal.

According to a The New York Times report, the recall was initiated by consumer complaints when some Honda owners petitioned the National Highway Traffic Safety Administration (NHTSA) to investigate this potential problem with the vehicles. The Honda owners said in their petition to the federal safety agency that their vehicles experienced “unexpected braking of varying duration, including several allegations of rapid decelerations from highway speeds to near stop in highway travel lanes.”

The action includes about 183,000 vehicles sold in the United States: About 101,000 Honda Pilots, 60,000 Acura MDX’s, and 21,000 Acura RLs in the 2005 model year, as well as another 800 2006 Acura MDX vehicles. Worldwide, the recall involves 250,000 vehicles. Honda told the NHTSA that it does not have any reports of accidents or injuries that were caused by any of these vehicles stopping unexpectedly or slowing more than a driver intended, according to The New York Times.

Honda indicates in its recall action that a problem exists with its Vehicle Stability Assist (VSA) feature, or the electronic stability control. This system helps a vehicle adjust itself when it notices either the front or rear of a vehicle veering in a direction different than the angle of the steering wheel. The VSA applies slight pressure to the brakes to bring the vehicle back into alignment. Either a defectively manufactured electrical capacitor or a ground bolt that may have been loosened may have prompted the recall, The New York Times reports.

Honda says, “In either instance, unexpected brake activation could increase the risk of a crash,” according to a report from Agence France-Presse (AFP). The defect could occur on its own or when a driver applies the brakes to any of the affected vehicles and “the amount of brake force applied could exceed the driver's intended input.”

Vehicle stability controls are available on many makes and models of vehicles sold today and were implemented when safety tests showed that drivers often fail to fully apply the brake pedal during an emergency. These systems are designed to help drivers put full pressure on the brakes during these scenarios, according to The New York Times report.

The recall came about in an uncommon manner, The New York Times reports. One Honda owner took advantage of a little-used NHTSA defect petition that was filed in April 2012. Rather than just filing a complaint with the federal agency, the Honda owner said she found 38 complaints of unexpected braking in their vehicles, too, and at the time she filed the petition also complained that NHTSA had not opened an investigation to that point. In October 2012, NHTSA began its investigation into the matter and ramped that up in February 2013 with an engineering analysis that ended with this recall.

]]>
New Study: Barefoot Sneakers Causing Foot Bone Injuries http://www.yourlawyer.com/articles/read/19229 Thu, 07 Mar 2013 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19229 One of the latest exercise trends, barefoot running, may be causing serious bone injuries to runners who choose this new style of running shoe.

According to a The New York Times report, a new study has examined the impact of using so-called “minimalist” running shoes, and determined that the shoes may be responsible for an increased risk of bone damage in the foot. The injuries seen in barefoot running shoes are not often seen among people who wear traditional running shoes.

Barefoot runners believe that humans were designed, essentially, to move about barefoot and that, for centuries, people ambled without any form of footwear. A growing number of exercise enthusiasts have opted to shed their normal running shoes and have either begun running without shoes or have purchased “minimalist” running shoes that look like a mold of a foot with individual sleeves for each toe, The Times explains.

The study was requested by a Utah radiologist who had noticed a range of heel and foot injuries among people he treated who had recently begun using barefoot running shoes. The radiologist contacted researchers at Brigham Young University, The Times reports, who conducted a study on the impact of barefoot shoes and related injuries.

The study involved 36 experienced runners who ran 15-30 miles per week and included runners in both sexes, The Times explained. Each runner underwent MRI scans of their feet and lower legs to confirm they did not suffer from any pre-existing injuries. One-half of the group was randomly selected to use Vibram Five Fingers barefoot running shoes, following  instructions set forth on the Vibram web page at the time of the 2011 study, The Times said. Essentially, the barefoot running group was to increase their running time while wearing the barefoot shoes: One mile the first week; two miles, in the second week; and so on to week four, when they could run for as long and as often as they chose in the Vibram shoes. The test period was 10 weeks.

After 10 weeks, the participants underwent another MRI and most of those who wore the Vibram barefoot sneaker were diagnosed with increased bone marrow edema in their feet. Edema is caused by fluid build-up and is an early sign of bone injury. The condition was rated on severity by a number scale of 0-4. For people who wore traditional running shoes, the edema range was between 0 and 1, the least severe edema level and fully expected as a sign that the foot is being trained and successfully strengthening. People wearing Vibram “barefoot” shoes had higher edema levels from between 2 and 4 on the scale used, The Times writes.

The Times also notes that two barefoot running participants suffered bone fractures in their feet, one to the heel bone and another to a metatarsal bone. The study also noted that nearly all of the Vibram barefoot runners cut back on their normal running program, going fewer miles, overall, at the 10-week mark, likely “because their feet hurt,” the report suggested citing the BYU study.

]]>
Kellogg's Issues Recall on Special K Red Berries Cereal Due to Presence of Glass Fragments in Boxes http://www.yourlawyer.com/articles/read/19207 Thu, 21 Feb 2013 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19207 Kellogg’s has issued a recall on some of its Special K Red Berries cereal after reports of glass found in the boxes was reported.

According to Los Angeles Times, this is the second recall in the last four months prompted by foreign material being found in boxes of its cereal. The company issued a similar action in October of last year after pieces of metal were found in its Mini-Wheats cereals.

This latest recall includes an undetermined number of boxes of Special K Red Berries cereal. Kellogg’s provides the following product identification information to help consumers and merchants identify the recalled products. Included in the recall are:

  • 11.2-ounce packages, UPC code 3800059923, Better if Used Before Date of DEC 02 2013 followed by KNC 105 with a time stamp of 00:13-2:30
  • 22.4-ounce packages, UPC code 3800078356, Better if Used Before Date of NOV 30 2013 followed by KNA 105 with a time stamp of 07:00-08:51 or NOV 30 2013 followed by KNB 105 with a time stamp of 15:00-17:05
  • 37-ounce packages, UPC code 3800020940, Better if Used Before Date of NOV 30 2013 followed by KNB 107 with a time stamp of 17:31-20:05.


In the company’s recall statement, it says, “Please check any packages you have in your home and if your package matches the following criteria, please do not eat the product and contact us for a replacement coupon. We may also make arrangements to retrieve the product for further evaluation.”

Kellogg’s says it is working to eliminate the possibility of foreign material like glass or metal from making its way into products as it has in these two cereal recalls. The company has not reported any incidents or injuries related to the discovery of glass fragments in its Special K Red Berries cereals.

The Special K Red Berries cereals included in this action were distributed to the consumer level nationwide, according to the company’s recall statement posted at the Web site kelloggs.com. No products sold in Canada and Special K Red Berries packages other than 11.2, 22.4, and 37 ounces are included in this action.

L.A. Times adds that the company’s recall action last year on its Mini-Wheats cereals cost Kellogg’s between $20 million and $30 million.

]]>
Bugaboo Recalls 50,000 Strollers due to Choke, Fall Hazard http://www.yourlawyer.com/articles/read/19134 Fri, 18 Jan 2013 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19134 A recall has been issued on more than 50,000 Bugaboo strollers because they pose serious injury risks to children.

According to an Associated Press report this week, the recall from Bugaboo International includes its Cameleon and Donkey model strollers. They were sold throughout the U.S. and Canada from September 2009 until December 2012. These premium baby strollers sold for between $900 and $1,600.

More than 43,000 of the 50,000 recalled were sold in the U.S., and the rest were sold in Canada. The Cameleon stroller was sold from September 2009 until June 2012 and costs about $900. The Donkey model was available from January 2011 until the end of 2012 and sold for between $1,200 and $1,600.

The recall is necessary because “a button on the stroller's carrycot/seat carry handle can become disengaged and cause the handle to detach. That could mean a young passenger could fall or choke,” according to the report.

Bugaboo has received 58 reports of the handles detaching from the strollers but no injuries resulted from those incidents.

The strollers were sold at Buy Buy Baby, Neiman Marcus, Nordstrom, Toys R Us, and other stores where high-end strollers are sold. Bugaboo also sold these strollers directly from its Web site. The strollers were sold with a base, sun canopy and other accessories in various colors. A fabric tag on the side of the sun canopy has Bugaboo and the model name, according to the AP report.

Parents and caretakers should immediately remove the carry handle on these Bugaboo strollers and contact the company for a free replacement.

Products intended for babies and juveniles are often among the most re-sold products available to consumers. Considering the high price tag of these strollers and the unlikelihood that one family may use it more than once means that it is possible they sold or gave it to friends or family for them to use with their growing families.

People who may have purchased these strollers at second-hand stores or through private parties on the Web or received it from a family member should ensure they do not have one of the strollers included in this action.

]]>
Parker Waichman files class-action against Remington Arms over defective Model 700 rifle http://www.yourlawyer.com/articles/read/19105 Thu, 03 Jan 2013 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19105 Florida gun owners who have the Remington Model 700 rifles are covered by a new class-action lawsuit which claims the weapon can fire without a trigger pull.

The national law firm of Parker Waichman LLP has filed the lawsuit recently in U.S. District Court for the Southern District of Florida and aims to represent any Florida residents that own this gun manufactured by the iconic company. The lawsuit claims that a defective trigger device on the Remington Model 700 rifle can cause the gun to fire unexpectedly, especially when the trigger is not pulled. 

There have been scores of reports in recent years of Remington rifles firing unexpectedly, leading to several deaths and other serious injuries when the errant shots hit a nearby person or the gun handler. The Model 700, like several other Remington rifles, features the Walker Fire Control trigger mechanism, a patented device that's designed to give gun handlers a better feel when they eventually do press the trigger, resulting in a smoother shot.

According to a statement from the firm announcing the lawsuit, "Unlike other firearm manufacturers, Remington’s patented Walker Fire Control utilizes an internal component known as a trigger “connector;” the connector supports another internal component called the sear. When the trigger is pulled, the trigger body pushes the connector forward, allowing the sear to fall and the rifle to fire. When the trigger is pulled and the rifle fires, a gap is created between the trigger body and the trigger connector." Further, the Parker Waichman lawsuit claims that "field debris, manufacturing scrap, burrs from the manufacturing process, lubrication and moisture can build up in the gap created during a trigger pull," causing the Walker device to fail and put the gun owner and others at risk of serious injuries. 

The firm also believes that Remington has known since at least 1979 that the Walker Fire Control device is defective and that 1 percent of all its 5 million guns manufactured since it began using the Walker device back in 1948 are known to "trick" and fire unexpectedly. Essentially, the 1 percent are all guns that feature the Walker mechanism, which is all Model 700 rifles. This means any Remington Model 700 rifle could fire unexpectedly. 

Parker Waichman also notes in its complaint against the rifle makers that the company has previously dealt with problems associated with an older model of gun that also featured the Walker Fire Control. In 1978, Remington offered one family who lost a loved one due to an unexpected fire of a Model 600 rifle. When the news media was alerted to this settlement, the company was eventually forced to recall the Model 600. 

The problems with that gun, the firm states in its lawsuit, mirror those of the Model 700.

]]>
Makers of Buckyballs shuts books on business, being liquidated http://www.yourlawyer.com/articles/read/19095 Tue, 01 Jan 2013 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19095 As the complaints mount and the injury toll rises, the maker of Buckyballs - desktop toys that feature small but powerful rare earth magnets - has been forced out-of-business.

According to a statement from the national law firm of Parker Waichman LLP, Maxfield & Oberton Holdings, LLC, the company that manufactured Buckyballs, is in liquidation and has ceased to exist under Delaware law. The company made this announcement on Dec. 27 of last year amid controversy that it manufactured a dangerous product that put children's lives at risk.

Maxfield & Oberton has continually denied that its products are dangerous despite a growing number of injury reports linked to its Buckyballs products. These desktop novelties feature numerous rare earth magnets. These magnets are incredibly powerful, especially considering their size. Buckyballs is one of several products to use them for this purpose and they are generally marketed to an older audience but that hasn't prevented children from accessing them.

If these magnets are dislodged from their form, they pose serious injury hazards if they're swallowed. Children could put these magnets in their mouths for a variety of reasons, some trying to emulate having a tongue piercing, even. If just two, or more magnets are swallowed, they can cause serious internal injuries and perhaps death. These magnets can fuse on either side of a delicate organ like the colon and cause a perforation that requires emergency surgery to remove them.

Swallowing these magnets could also result in blood poisoning if the magnets are not removed in a timely fashion or even an intestinal blockage. 

In ceasing business, Maxfield & Oberton have also established a Liquidating trust has been set up to potentially pay for certain claims against the company. Those who believe they have a claim against the Buckyballs makers are advised to fill out a Proof of Claim form, according to the Parker Waichman press release.

In July 2012, the Consumer Product Safety Commission ordered the makers of Buckyballs and another product using numerous rare earth magnets, Zen Magnets, to stop production and marketing of their products to stem the wave of injury reports linked to them. The regulator said they wanted the companies to stop their businesses altogether. 

The companies initially complied but returned to action during the most recent holiday season before Maxfield & Oberton, the most successful of businesses dealing in these products, shut its operations entirely last month. The company said it stopped selling Buckyballs and Buckycubes on Dec. 19.

]]>
Retailers to Recall Nap Nanny Infant Recliners After Infant Deaths http://www.yourlawyer.com/articles/read/19113 Fri, 28 Dec 2012 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19113 Retailers to Recall Nap Nanny Infant Recliners After Infant Deaths

Several major retailers have agreed to pull Nap Nanny infant recliners  from their shelves and Web sites after federal safety officials urged them to do so.

According to a report from Dow Jones Newswires, Amazon Inc., Buy Buy Baby (a subsidiary of Bed, Bath & Beyond Inc.), Diapers.com, and Toys R Us and Babies R Us are all stopping sales of Nap Nanny infant recliners because federal regulators say they’re unsafe and put children at risk of serious injuries or death.

In December, the Consumer Product Safety Commission ordered the makers of Nap Nanny products to stop all marketing of their goods because the agency believed they put children at risk of serious injuries. CPSC says it has five reports of infant deaths attributed to use of Nap Nanny products.

The CPSC was unable to reach a voluntary recall arrangement with Baby Matters LLC, a company based in Berwyn, Pa., that manufactures Nap Nanny products.

Because they were unable to reach accord, CPSC filed a civil lawsuit against Baby Matters attempting to force the company to stop manufacturing its products. Though it is rare that a company will comply with such an order, what used to be an unprecedented step for the agency is becoming more commonplace. The agency recently took similar actions against the makers of products which use small and powerful rare earth magnets to create desktop novelty toys that are typically marketed to adults but also intrigue children, such as Buckyballs and Zen Magnets.

Regulators believe that several Nap Nanny models put infants at risk of serious injuries. The agency has received numerous reports of serious injuries linked to the use of a Nap Nanny. Although Baby Matters appears to be stubborn in reacting to the CPSC order, several retailers have responded to the nationwide warning issued to them when the agency filed its lawsuit against the makers of Nap Nanny..

Those stores and sites which have agreed to recall the Nap Nanny Generations One, Two, and Chill models.

Problems with Nap Nanny products stem back to at least 2010. It was then that a voluntary recall was issued on the Nap Nanny Generation One product. By that time, the CPSC had reports of one death and 22 other reports of children who had fallen out of the device, even some in which they were properly placed in their harnesses.

The owner of Baby Matters, Leslie Gudel, said her company has since gone out-of-business, about two months ago, but maintains that Nap Nanny products are safe when used with their harnesses and per the instructions.

]]>
Reumofan Plus supplement being sold as WOW http://www.yourlawyer.com/articles/read/19090 Mon, 24 Dec 2012 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19090 Federal health officials are warning the public to avoid a dangerous dietary supplement sold as WOW. 

The Food and Drug Administration said this week that WOW is really just another product in disguise and the agency has already determined that the original product is dangerous and could result in serious side effects and maybe death for people who take this specific product.

It was only earlier this year that the agency warned the public that the dietary supplement marketed as "all natural" Reumofan Plus actually contains hidden pharmaceutical ingredients. Any product that contains pharmaceutical agents must be approved by the FDA and millions of packages of dietary supplements like these products are able to reach the consumer market by failing to disclose the fact that they contain these products.

Instead, dietary supplements often purport to contain "natural" ingredients. In the case of WOW - really just the repackaged Reumofan Plus - the supplement is taken in the treatments of bone cancer or arthritis. If a dietary supplement product contains and undeclared ingredient, the agency works to warn the public of this fact and the risks associated with taking such products. It also begins a process to get these and other products off the market.

An agency spokesman said this week that several manufacturers of WOW are simply taking unsold supplies of Reumofan Plus and putting a WOW label on them and selling them back to consumers. The FDA said that WOW is being sold through online distributors and also at the retail level in some locations. 

The FDA said it has received dozens of reports of serious injuries that have resulted from people taking Reumofan Plus. The agency said that a few reactions have been fatal but did not specify an exact amount. Most often, people who experience dangerous side effects from taking Reumofan Plus suffer from liver injuries, severe bleeding episodes, corticosteroid withdrawl syndrome, adrenal suppression, and stroke.

According to the FDA's statement based on its research, samples of WOW contained the same undeclared ingredients as Reumofan Plus, including dexamethasone, diclofenac sodium, and methocarbamol.  Officials urge anyone taking either Reumofan Plus or WOW to stop taking it immediately and to consult their physician to determine if any injuries have resulted from taking this particular supplement.

]]>
Water Balz, Other Toys Recalled for Ingestion Hazard, Risk of Serious Injury http://www.yourlawyer.com/articles/read/19082 Thu, 20 Dec 2012 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19082 The company which manufactures Water Balz and other water toys that expand to hundreds of times their original size when they hit water has issued a recall because they pose serious injury risks, especially to children.

According to a recall statement issued by Dunecraft Inc. in conjunction with the federal Consumer Product Safety Commission and Health Canada, the callback includes about 94,700 toys sold in the U.S. and another 600 in Canada.

If these marble-sized toys are ingested before they’re expanded to their intended size, they could pose serious health risks.
If these Water Balz and other toys are swallowed when they’re in their original state, as small marble-like balls, they can expand inside the body. These toys can cause blockages of the small intestine that can result in severe dehydration, vomiting, pain, and could even be life-threatening.

The recall was deemed necessary after a report of one Texas girl who had to have a Water Balz toy she accidentally swallowed surgically removed. The toy had expanded once it was inside her body, causing an intestinal blockage that required emergency treatment.

The following products, including 81,000 Water Balz toys, are included in this recall from Dunecraft: another 11,850 Growing Skulls toys, 800 H2O “Despicable Me” Orbs, and 36 Fabulous Flowers toys. These products are intended to grow 400-times their original size. They are sold in small pouches and resemble marbles in their original state. They are sold in packs of six in varying colors: green, yellow, red, blue, and black. The brand name and product name are included on packaging.

The statement provides the following information regarding their availability on the retail market: Water Balz and Growing Skulls were sold at Bed Bath & Beyond, Five Below, Hobby Lobby, Lakeshore Learning Materials, Microcenter, Urban Outfitters Direct, Wegmans, and other stores nationwide, and online at amazon.com, incrediblescience.com, keyporthobbies.com, americantoystores.com, and other Web sites from September 2010 until November 2012 for about $3 per package. The H2O Orbs “Despicable Me” were sold exclusively at Universal Studios stores during June 2012 for about $3 per package. Fabulous Flowers were sold exclusively at Milaeger's in Racine, Wis., from June to November of this year for about $3 per package.

Consumers are urged to immediately remove this toy from the reach of children and to contact Dunecraft for a free replacement toy.

]]>
Magnicube Magnet Balls, Cubes maker plans to ignore CPSC order http://www.yourlawyer.com/articles/read/19088 Thu, 20 Dec 2012 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19088 Federal consumer safety regulators have ordered another maker of desktop novelties that contain large amounts of small but high-powered magnets to stop selling their products and offer consumers a refund.

According to a statement from the Consumer Product Safety Commission, the agency has filed an "administrative complaint" against Star Networks USA LLC. This complaint - passed by a 2-1 vote - seeks to have Star Networks cease marketing of its  Star Networks Magnicube Magnet Balls and Magnet Cubes. These products feature between 125 to 1,027 high-powered rare earth magnets, according to the agency, and pose the same injury risks other similar products do.

The complaint against Star Networks demands the company stop selling these magnet toys and admit to the public that they are dangerous and pose serious injury risks, especially to small children. The complaint also seeks for the company to offer refunds to consumers who purchased either the Star Networks Magnicube Magnet Balls and Magnet Cubes.

The agency believes as many as 22,000 of these objects have been sold to date. In June, Star Networks voluntarily agreed to stop selling these magnet "toys" as requested by the agency. CPSC urged Star Networks and other manufacturers of other rare earth magnet toys to voluntarily stop marketing them on the basis that it believed they pose serious injury risks to younger children.

The agency has received dozens of reports in which a product like Star Networks Magnicube Magnet Balls or Magnet Cubes was the cause of serious injuries and the need for immediate medical attention. Mostly it is small children who are prone to swallowing these small magnets if they happen to break free of their forms. Some older children often like to use these magnets to emulate wearing a tongue ring. If these magnets were accidentally ingested while that's happening, serious complications are likely to result. If just two magnets are swallowed, they can fuse together, possibly on either side of a vital organ that can lead to serious bleeding, perforation, and the need for emergency surgery to remove them.

Star Networks plans to fight the administrative complaint against it and refuses to comply with the agency's order. The company joins other top manufacturers of these and similar products in refusing to comply with this order, Zen Magnets and Maxfield & Oberton, makers of the popular Buckyballs toys.

At least 11 companies have been identified by the CPSC and manufacturers of these devices. The magnets for them are imported from China. Makers of the devices say they properly warn the public that they're intended primarily for people over the age of 14 and to the dangers posed by swallowing these small magnets or even putting them near a person's mouth.

]]>
LG recalls top-loading washing machines due to property damage, injury risks http://www.yourlawyer.com/articles/read/19079 Wed, 19 Dec 2012 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19079 LG Electronics has been forced to issue a recall on some of its popular top-loading washing machines because they have the potential to shake out-of-control, posing injury and property damage risks to consumers.

According to a recall statement from the Consumer Product Safety Commission, the action includes 457,000 top-loading washing machines. Six different models are included in the callback. Three are sold under the LG brand name while three more are sold as Kenmore Elite brand. These washing machines were manufactured between February 2010 and November 2011.

Affected models were sold in either beige, white, or graphite steel colors. The following Model numbers on LG brand top-loading washing machines are included: WT5001CW, WT510HV, and WT510HW. Affected Serial numbers on these washing machines range from 002KW******* through 111KW*******. Model numbers on affected Kenmore Elite brands are: 29002, 29272, and 29278. Serial numbers on those range from 005KW******* through 111KW*******.

One person has been injured when these washing machines began vibrating excessively. LG has received at least 343 reports from consumers that their washing machine shakes more than normal. Among these reports, at least 187 people said their washing machines caused minor property damage. When the washing machine starts vibrating seemingly out-of-control, it's a sign that the drum on the machine is loose.

The affected LG washing machines were sold at Best Buy, Home Depot, Kmart, and Sears stores nationwide, as well as at local retailers which deal in large appliances. Kenmore Elite brands were sold at Kmart and Sears stores nationwide. These models were sold from April 2010 until December 2012 for between $899 and $1,099.

According to the action statement, "consumers should immediately contact LG or Sears for a free in-home repair of the machine. Consumers will also receive supplemental information to be inserted into their owner's manual and a new caution label to be placed on the washing machine." If anyone sees their washing machine shaking more than normal, they should stop using it immediately. 

Certain items can cause an unbalanced load, such as water-proof or water-resistant items, such as mattress pads, mattress covers, and other similar items.

]]>
CPSC wants makers of Nap Nanny infant recliners to be forced to issue recall, offer refunds http://www.yourlawyer.com/articles/read/19064 Thu, 06 Dec 2012 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19064 Federal consumer safety officials have warned the makers of the Nap Nanny and Nap Nanny Chill recliners that their products pose a serious injury and death risk to infants and that warnings and instructions included with the product do not fully communicate these risks.

According to a Reuters report, the Consumer Product Safety Commission has filed a complaint against Baby Matters LLC, a Berwyn, Pa., company that markets the Nap Nanny and Nap Nanny Chill recliners. CPSC said that Nap Nanny and Nap Nanny Chill recliners have been implicated in five infant deaths recently.

The complaint seeks to force Baby Matters LLC to release a public statement indicating the serious risks its products pose to the public, namely infants, and that instructions and warnings included with the products are misleading or defective, too. In addition to wanting the company to offer this statement, it hopes a judge will also order the company to offer refunds to customers who purchased either Nap Nanny or Nap Nanny Chill recliners.

Four infant deaths have been attributed to the use of a second-generation Nap Nanny recliner. Another infant death has been linked to the Chill model of infant recliner. The Nap Nanny and Nap Nanny Chill recliners are made of foam rubber and join myriad other products that are supposed to aid small children, typically infants, in sitting up on their own. 

In addition to the five deaths attributed to either of these products, another 70 injury reports have been filed with CPSC in the years that these products have been available at the retail level.

CPSC indicated when filing the complaint against Baby Matters that it was compelled to take this further action against the Pennsylvania company because it had failed to enact a voluntary recall on the products when CPSC requested it to do so. Regulators wanted Baby Matters to tell the public that using the Nap Nanny and Nap Nanny Chill recliners in a crib or without its fasterer straps increased the risk of serious injury or death for infants. 

Two years ago, Baby Matters offered people who purchased a Nap Nanny recliner an $80 coupon for people who purchased a first-generation product so they could purchase a newer model, claiming it was improved over the unit they had purchased. To get that second-generation Nap Nanny device, any would-be customer would still be required to pay $50 to make up the difference in the product's $130 price tag.

]]>
Buckyballs named as one of a dozen dangerous products available this holiday shopping season http://www.yourlawyer.com/articles/read/19062 Tue, 04 Dec 2012 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19062 Consumer safety advocates have issued a list of some of the more dangerous toys and other products that may be popular but pose serious injury risks, especially when in the wrong hands.

Chief among those products subject of a report from the U.S. Public Interest Research Group entitled "Trouble in Toyland" are those known as Buckyballs. These are the small desktop novelties that contain numerous small high-powered magnets that can be manipulated into different shapes. These products are typically marketed to older children and adults and warnings on most of the products say they are only intended for adults but they possess all the visual stimulants to gain a child's attention, too.

If these magnets break free of their form, they possess a significant health risk, especially if they're accidentally ingested by children. Once inside the body, these magnets can cause sudden and severe injuries that require emergency medical treatment. The strong but small magnets can easily fuse together inside the body, even through the walls of the large intestine, posing a serious risk of perforation, severe bleeding, and even death.

In the report, USPIR recorded at least 1,700 incidents which required emergency medical attention due to the ingestion of these small magnets, like those found in Buckyballs and others, like Zen Magnets products. Most of the incidents involved children between the ages of 4 and 12. Children may put these magnets in their mouths for numerous reasons, everthing from pure curiosity out of younger children or older ones who place them on their tongue to mimic a piercing, the report notes.

These products are likely to be big sellers this time of year and given as gifts. Many people buying them as gifts may not be aware of the dangers they pose. Earlier this year however, the Consumer Product Safety Commission urged the makers of these products to stop marketing them altogether. Bound by its regulatory limits and the fact that these makers do make the required warnings about their safety, federal regulators were essentially muted and these products are still widely available, especially on the Web. It was not until late this summer did the company that markets Buckballs say it would cease those sales but they're still likely available elsewhere.

Among the other toys making this dubious list are a Dora the Explorer guitar that USPIR researchers found to be too loud and was above federal limits for such toys. Also, a dragster car with very small wheels also made the report for safety violations that could result in serious injuries. The group examined more than 200 toys available at retail and discount stores nationwide. Among them, just a dozen were found to be in violation of federal safety standards, including those for lead paint, small parts, or other common safety concerns.

]]>
Dangerous toys seized at the borders, ports http://www.yourlawyer.com/articles/read/19058 Fri, 30 Nov 2012 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19058 Just this year, federal authorities have seized more than 2 million potentially dangerous and volative children's products at the nation's ports, before they reached consumers where they could have caused serious injuries or even death.

In the last four year, both the Consumer Product Safety Commission and U.S. Customs and Border Protection (CPB) have seized 2,400 different toys and other children's products, a total of more than 8.5 million individual units, at the nation's ports and borders as companies attempted to import them for sale. These products were seized for a variety of reasons but mostly because they were considered dangerous and posed serious risks to the health and safety of children who'd use them.

The federal agencies are taking advantage of the busiest retail shopping season of the year to alert consumers to think about product safety before they purchased something for a child. And despite the recent successes in stopping many of these dangerous products at the border, the agencies acknowledge that they can't stop all potentially dangerous products from reaching consumers.

In a statement issued recently, CPSC Chair Inez Tenenbaum said, "Proactive port surveillance, strong toy standards, and educational efforts create a safer holiday toy shopping experience for consumers by keeping dangerous products off store shelves. Ultimately our goal is to protect our most vulnerable population - kids - and keep them safe this holiday season."

Recalls on dangerous products have steadily declined in recent years, partly to blame for both some increased regulations and ironically, by the CPB's inability to track all devices. In their statement annoucing warnings to consumers to avoid dangerous products, the CPSC and CPB note that in this year alone, CPSC has issued a recall on 38 toys. Many of these recalls are due to the presence of small or sharp parts. 

This year's recall figure actually represents a slight uptick from the number last year, which was just 34. The CPSC issued recalls on 46 products caught at the border in 2010, 50 the year prior, and 172 in 2008.

In the joint statement: "Toy-related death reports to CPSC involving children younger than 15-years-old decreased to 13 in 2011 from 19 fatalities in 2010 and 17 reported in 2009. The majority of these toy-related fatalities were attributed to asphyxiation, choking or drowning. These included children choking on balloons, drowning after trying to retrieve a toy from a swimming pool, or being found with tricycles in swimming pools."

To avoid the potential for serious injuries, the agencies proposed the following hints and tips to avoid buying dangerous products for children.

Here are some safety tips that consumers should keep in mind this holiday season:

Balloons - Children can choke or suffocate on deflated or broken balloons. Keep deflated balloons away from children younger than 8-years-old. Discard broken balloons immediately.

Small balls and other toys with small parts - For children younger than age 3, avoid toys with small parts, which can cause choking.

Scooters and other riding toys - Riding toys, skateboards, and in-line skates go fast, and falls could be deadly. Helmets and safety gear should be worn properly at all times, and they should be sized to fit.

Magnets - High powered magnet sets are dangerous and should be kept away from children under 14. Building & play sets with small magnets should also be kept away from small children.

Once gifts are open:

Immediately discard plastic wrapping or other toy packaging before they become dangerous play things.

Keep toys appropriate for older children away from younger siblings.

Battery charging should be supervised by adults. Chargers and adapters can pose thermal burn hazards to young children. Pay attention to instructions and warnings on battery chargers. Some chargers lack any mechanism to prevent overcharging.

]]>
Tobacco companies ordered to create ads warning of smoking dangers http://www.yourlawyer.com/articles/read/19055 Thu, 29 Nov 2012 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19055 Big Tobacco companies have been ordered to create advertisements and marketing campaigns that acknowledge the health risks associated with smoking cigarettes. 

This order was originally part of a ruling in response to a federal lawsuit claiming tobacco companies deceived the public for decades and hid information that showed smoking cigarettes and using tobacco was harmful to a person's health. The tobacco companies opposed the order but in 2006 their appeal of this particular part of the decision against them. This decision was separate from the record $206 billion lawsuit against the same tobacco companies which paid damages to victims of tobacco addiction and for other public information programs.

The campaign must include specific notices on the dangers of smoking and will be included in just about any place where a tobacco company reaches consumers. Messages will be placed on product Web sites. Information will be included with products sold at retail stores, like in packs of cigarettes, that highlight the potential risks of smoking or using tobacco. The companies must also create print ads and inserts to be included in publications as well as television and radio ads with similar messages. 

Specifically, the Big Tobacco companies must state some of the following in their ads and other notices, according to a CNNMoney.com report: 

- "Smoking kills, on average, 1,200 Americans. Every day."

- "More people die every year from smoking than from murder, AIDS, suicide, drugs, car crashes, and alcohol, combined."

- "Secondhand smoke kills over 3,000 Americans each year."

A spokesperson for Philip Morris, makers of some of the most popular brands of cigarettes, told CNN they were reviewing the contents of the federal decision handed down this week announcing the rules for these required campaigns. A judge has already rejected a claim that Big Tobacco's First Amendment rights were being suppressed because they were being forced to use the canned statements in their materials.

The multi-billion dollar lawsuit settlement also announced at the time this lawsuit was being filed has required tobacco companies to create other public notice campaigns that call attention specifically to the dangers of smoking, many of the very same effects tobacco companies denied for decades existed, including claims that smoking cigarettes or using other forms of tobacco led to various forms of cancer, breathing problems, or that it was addictive. 

]]>
FDA, lawmakers investigate safety of energy drinks, ponder potential regulation http://www.yourlawyer.com/articles/read/19054 Wed, 28 Nov 2012 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19054 Federal health officials and lawmakers have launched an investigation into the overall safety of energy drinks after recent reports linked their use to dozens of recent deaths.

According to a Bloomberg report, the Food and Drug Administration has asked an independent adviser to help it review safety records and adverse event reports linked to highly-caffeinated energy drinks. The agency was encouraged to do so by a group of Congressmen led by Illinois Sen. Dick Durbin, who led a Capitol Hill investigation into the reports of deaths linked to energy drinks.

Energy drinks like Red Bull, Monster, Rockstar, and 5-hour Energy are consumed by millions of people in the U.S., especially younger consumers who believe they need a boost to their daily energy levels to get through their days. These products are heavily marketed, especially Red Bull, which sponsors media attention-grabbing events that only call more attention to their products. 

What's more is that energy drinks currently fall out of the regulatory range of the FDA and almost all other laws governing consumer products. Because they're marketed as dietary supplements - they allegedly contain "all natural" ingredients like taurine, ginseng, and others - they are not governed by the FDA. That means regular sodas, sold right next to energy drinks in many retail locations, are regulated stricter than these new and increasingly popular drinks.

Makers of energy drinks claim their products only contain as much caffeine as a cup of coffee, less even, but some studies refute that claim and believe some energy drinks contain as much as 7-times the amount of caffeine as a regular soft drink. Energy drinks claim to give consumers the boost they're marketed to give through the blend of ingredients like taurine, guarana, and others. 

Durbin, along with Connecticut Sen. Richard Blumenthal, said in a statement this week on the FDA launching an investigation and hiring outside help to do so, that they were pleased with the agency's response but hoped that their conclusions would be swift and effective. 

In the last month, the FDA and Centers for Disease Control and Prevention have released separate reports on recently reported deaths that may be linked to the use of energy drinks. They have also received numerous other reports of adverse health effects that may be caused by energy drinks. Monster, for example, had been linked to 5 deaths and 5-hour Energy at least 13 more. Red Bull and Rockstar energy drinks have not yet been linked to any deaths that have been reported to regulators but that does not mean they're free of risk.

Lawmakers on Capitol Hill have urged the FDA to determine if there is a direct link between energy drinks and these reported deaths and to take necessary actions to bring them under the agency's control. 

]]>
Parker Waichman represents Florida man in class-action against makers of exploding toilets http://www.yourlawyer.com/articles/read/19037 Sat, 17 Nov 2012 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19037 What may have seemed almost comical - reports of exploding toilets - is actually a very serious safety threat to consumers. The defective  Series 503 Flushmate® III Pressure-Assist Flushing System has caused hundreds or more toilets across the country and in Canada to explode without warning.

Several people have been seriously injured when their toilets exploded as parts of their commodes were shot at them. For others, the defective  Series 503 Flushmate® III Pressure-Assist Flushing System has caused serious and costly property damage. Pressure inside the  Series 503 Flushmate® III Pressure-Assist Flushing System can build near the weld seam and if that pressure reaches a certain point, it will likely trigger a combustive explosion, sending pieces or shattered parts of the toilet scattering.

To assist those who've been affected by the defective flushing system device, the national law firm of Parker Waichman LLP has filed a class-action lawsuit against the makers of this product, Flushmate, a division of Sloan Valve Company. The complaint seeks any consumer who may have purchased the  Series 503 Flushmate® III Pressure-Assist Flushing System and has either suffered an exploding toilet when the product malfunctioned or for those who believe the next flush on their commode could trigger an explosion.

The  Series 503 Flushmate® III Pressure-Assist Flushing System was recalled en masse in June 2012. A total of 2.3 million products were included in the recall. To remedy the problems the defective product caused, Flushmate and Sloane had offered consumers a free repair kit to correct the problems that plague this product. However, some consumers who've attempted to install the free repair kit have only encountered more frustrations and sometimes further property damage and injuries.
Not only is the  Series 503 Flushmate® III Pressure-Assist Flushing System expensive, any problems a defective one could cause would be even more costly, including the costs associated with hiring a professional plumber to install the device properly.

Parker Waichman has filed an initial lawsuit on behalf of a Florida man who purchased the  Series 503 Flushmate® III Pressure-Assist Flushing System in June 2007. After receiving the free repair kit from Sloan and Flushmate, the man from Escambia County, Fla., believes he still lives in fear the toilet may explode without warning.

The  Series 503 Flushmate® III Pressure-Assist Flushing System was available at Home Depot and Lowe's Improvement Warehouse stores nationwide from October 1997 until February 2008. Hundreds of thousands of these products were likely sold. Some were sold as standard issue in new commode sales. Companies like American Standard, Eljer, Crane, and Kohler all used the  Series 503 Flushmate® III Pressure-Assist Flushing System in their new toilet models.

According to the law firm's press release announcing the lawsuit: "Flushmate knew about the defect as early as 2000, but failed to warn consumers, even after Flushmate was repeatedly placed on notice of the serious risk that the toilets installed with Flushmate Systems may explode."

]]>
Montana couple represented by lawsuit against Remington rifle's defective trigger mechanism http://www.yourlawyer.com/articles/read/19043 Tue, 13 Nov 2012 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19043 A Montana woman claims the Remington rifle her husband used on a recent hunting trip was defective and it fired unexpectedly, resulting in her serious injuries.

According to a press release announcing their lawsuit against the makers of Remington rifles, a husband and wife were nearing the end of a hunting trip in Carter County there in late-October 2007. As the husband was unloading his Remington Model 600 Mohawk rifle, the gun discharged one of the bullets, hitting his wife in the left foot.

The shot caused serious damage that required several surgeries to correct and even then, resulted in the amputation of one of her toes.

The gun fired as the woman’s husband was unloading the Remington rifle by cycling the bolt, according to the firm's statement citing the complaint. The couple is being represented by Parker Waichman LLP. The firm represents several other victims of unexpected gun shots from this and other Remington rifles with the defective Walker trigger mechanism. Remington Arms Company, Sporting Goods Properties Inc., and DuPont de Nemours and Co., have all been named as Defendants in the lawsuit. The lawsuit was filed in in U.S. District Court for the District of Montana on Oct. 12.

The Model 600 Mohawk used by the couple during that hunting trip featured the Walker Fire Control trigger mechanism. The trigger device is supposed to give users a smoother fire action but the lawsuit alleges that Remington has known for years that this trigger mechanism is defective and has resulted in numerous injuries during the time it has been used.

According to previous reports on the dangers posed by some of these Remington rifles, the Walker firing mechanism can become faulty if the gun is jarred or dropped or jostled in any manner. This causes the gun to fire without any warning. The suit claims that Remington has received more than 3,200 complaints about the defective Walker trigger mechanism between 1992 and 2004 but continued to market it as safe and hid any reports of problems associated with it.

Most of the problems have been linked to the popular Remington Model 700 rifle but the defective Walker trigger device has been installed on many other Remington rifles, including these models, according to the Parker Waichman press release:

* Model 11-48 Shotgun
* Model 552 Speedmaster Rifle
* Model 572 Fieldmaster Rifle
* Model 740/742/7400 Rifle
* Model 760 Gamemaster Rifle
* Model 770 Bolt Action Rifle
* Model 870 Pump Action Shotgun
* Model 878/879 Shotgun
* Model 1100 Shotgun
* Model 7600 Rifle
* Model Four Rifle
* Model Mohawk 48 Shotgun
* Model Six Rifle
* Model Sportsman 48 Shotgun
* Model Sportsman 58 Shotgun

Parker Waichman continues to investigate claims of injuries as a result of an unexpected shot from Remington rifles and believes it has evidence that the company is fully aware of the problems with the defective triggers. According to the release, “the company is so accustomed to such occurrences that they have developed acronyms for the when the gun misfires.”

]]>
Defect forces recall of bicycles http://www.yourlawyer.com/articles/read/19042 Mon, 12 Nov 2012 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19042 The makers of the 2013 Diamondback Steilacoom RCX bicycles have been forced to issue a recall because they may pose a serious injury risk to riders.

According to a recall statement from Diamondback Bicycles, of Kent, Wash., in conjunction with the federal Consumer Product Safety Commission, the action is limited to just 40 bicycles. Affected products that were assembled with incorrect headset parts could cause the the steerer tube to fail. This defect could result in a rider losing control of the bicycles, falling and crashing. 

Though this could result in serious injuries for riders, Diamondback Bicycles has not received any reports of injuries linked to the defect. 

The 2013 Diamondback Steilacoom RCX bicycles are black in color and were sold in sizes ranging from 50- to 59-centimeters. "RCX" is printed on the top tube of the bicycle. These bicycles were designed to be ridden both on- and off-road. They were sold at Promotive.com and at 3point5.com. They were also available at authorized Diamondback Bicycles dealers nationwide. These bicycles were only available from August until September this year and sold for between $900 and $1,100. 

The recalled bicycles were manufactured by the Chinese firm Universal Cycle Corp., of Guang Zhou. They are imported to the U.S. by Diamondback Bicycles. The recall statement indicates that authorized Diamondback dealers will perform a free inspection of one of the bicycles included in the recall and perform the necessary repairs to remove the risk of the defective headset parts. 

Bikes with the wrong headset parts will have the fork replaced and re-assembled with the correct headset parts.

]]>
Jordan L. Chaikin, Partner with Parker Waichman LLP, Appointed to Homeowner Plaintiffs Steering Committee in the MI Windows and Doors, Inc. Products Liability Litigation http://www.yourlawyer.com/articles/read/19001 Tue, 18 Sep 2012 00:00:00 -0400 http://www.yourlawyer.com/articles/read/19001 The national law firm of Parker Waichman LLP is pleased to announce that Jordan L. Chaikin, a partner with the firm, has been appointed to the Homeowner Plaintiffs' Steering Committee (HPSC) for In Re: MI Windows and Doors, Inc. Products Liability Litigation (MDL 2333), currently underway in U.S. District Court, District of South Carolina. Mr. Chaikin was appointed to the HPSC by the Honorable David C. Norton in a Case Management Order date September 10, 2012.

All of the lawsuits currently pending in the MI Windows and Doors, Inc. Products Liability Litigation involve allegations that various windows manufactured by the company contain one or more defects that result in the loss of seal at the bead along the bottom of the glass, allowing water to enter the inside of the window and leak into structures owned by Plaintiffs and putative class members. The MI Windows and Doors, Inc. Products Liability Litigation was created by the U.S. Judicial Panel on Multidistrict Litigation via a Transfer Order dated April 23, 2012. According to Judge Norton's September 10 Case Management Order, the HPSC will consult with the Homeowner Plaintiffs' Lead Counsel to coordinate the Plaintiffs' pre-trail activities and in planning for trial.

Mr. Chaikin's practice areas include Mass Torts, Toxic Torts, Defective Drug Liability, Defective Medical Devices, Products Liability, Class Actions, Complex Litigation and General Personal Injury and Negligence Litigation. He is also serving on the Plaintiffs Steering Committee in Dial Complete Marketing and Sales Practices Litigation MDL (No. 2263), currently underway in U.S. District Court for the District of New Hampshire.

Parker Waichman LLP continues to offer free lawsuit consultations to consumers who purchased windows manufactured by MI Windows and Doors, Inc. For more information, please visit the firm's MI Windows and Doors page at yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).

Contact:
Parker Waichman LLP
Gary Falkowitz, Managing Attorney
(800) LAW-INFO
(800) 529-4636
http://www.yourlawyer.com

]]>
Skechers Toning Shoe Claims Based on Questionable Science http://www.yourlawyer.com/articles/read/19000 Mon, 17 Sep 2012 00:00:00 -0400 http://www.yourlawyer.com/articles/read/19000 Millions who believed that Skechers Shape Ups and Tone Ups sneakers would help them lose weight and tone muscle faster will be entitled to a refund, according to the terms of a settlement reached between the manufacturer and consumers who joined a federal class-action lawsuit against the company.

The marketing campaign behind Skechers Shape Ups and Tone Ups sneakers was flawed, the Federal Trade Commission believes, though the terms of the settlement stipulate that the sneaker company needn’t admit any wrongdoing or fault. The $40 million agreed between the company and those who joined a class-action lawsuit calls for consumers who purchased a pair of these uneven-sole “toning shoes” to get a refund, up to $80 depending upon the model of shoe they purchased.

According to a report from The Atlantic magazine’s Web site, the FTC believed Skechers was playing “fast and loose” interpreting data from studies purportedly showing that people who wore the company’s toning shoe line lost more weight and worked muscles more than people wearing traditional sneakers fit for a workout.

Toning shoes became a niche market in the highly-competitive workout, fitness, and sneaker markets. Though they were only on the market for a few years - having mostly been phased out of most stores these days - sales reached the billions as many people believed their unconventional design would provide a benefit to a workout.

Skechers and other manufacturers claimed that the uneven soles on its training sneakers provided more resistance on muscles when a person walked. This worked muscles harder and promoted more weight loss. Though they attempted to show data from studies in it advertisements, the FTC and suing consumers believed that data was misleading and ignored potential hazards from wearing these shoes.

The Atlantic report notes that among the eight studies Skechers cites as its basis for making its marketing claims, each is riddled with flaws. For example, no study includes a research group larger than 20 participants. Further, no study discloses who is funding the research, suggesting that a group that stands to gain in some way from positive reviews may have published it.

Skechers boosted sales by having celebrities endorse the products, including football Hall of Famer Joe Montana and reality TV star Kim Kardashian.

In addition to the false claims charges the company has recently settled, Skechers still faces a litany of personal injury lawsuits from consumers who claim these toning shoes caused them to suffer serious and debilitating injuries, including ruptured Achilles tendons and hamstring muscles.


]]>
Skechers Toning Shoe Purchasers Looking at Refunds, Alleged Skechers Shape-Up Injury Victims Await Their Day in Court http://www.yourlawyer.com/articles/read/18987 Mon, 10 Sep 2012 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18987 Consumers who purchased Skechers Shape-Ups and other Skechers toning shoes could soon see refunds, now that a judge has granted preliminary approval to a settlement that resolves charges that the company made unfounded fitness claims in its advertising for the shoes.  The Skechers toning shoe refunds should go out sometime next year, following a March 19 fairness hearing to grant the agreement final court approval.

The Skechers toning shoes settlement only resolves lawsuits involving the company's advertising.  Consumers who filed Skechers Shape-Ups injury lawsuits are still waiting to have their day in court.  Last year, lawsuits alleging that the shoes’ rounded sole design could case falls and serious injuries were consolidated in a multidistrict litigation in the U.S. District Court for the Western District of Kentucky in Louisville.   Plaintiffs in that litigation are seeking compensation for any number of serious injuries, including:

•    Hip fractures
•    Rolled/twisted ankles
•    Broken bones
•    Stress fractures
•    Joint dislocation
•    Fall related injuries
•    Back strain

The Skechers toning shoes marketing claims are also pending in Louisville federal court, part of a consolidated litigation that involves some 70 lawsuits.  If the settlement is approved, consumers who purchased Skechers toning shoes will be able to apply for refunds, with amounts determined by the types of shoes they bought.   For example, consumers who purchased Skechers Shape-Ups will be eligible for as much as $80 per pair.

The settlement comes just three months after the maker of Skechers Shape-Ups reached an agreement with the U.S. Federal Trade Commission over its toning shoe advertising.   Among other things, that settlement bars Skechers from running advertisements that claim the toning shoes can help people weight and strengthen their butt, leg, and stomach muscles.

]]>
CPSC Commission Back Ban on High-Powered Magnet Desk Toys http://www.yourlawyer.com/articles/read/18971 Tue, 28 Aug 2012 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18971 The Consumer Product Safety Commission has ruled in favor of creating new rules that would essentially seek to ban desk toys containing hundreds of small, high-powered "rare earth magnets" due to the risk of small children ingesting the magnets.

Commercially, these products are marketed as Buckyballs and Zen Magnets, among others. They are sold primarily to adults as desk toys or "manipulative" products like puzzles. 

Although they are usually labeled as being for consumers over the age of 14 since they were introduced to the U.S. market in 2008, they've been linked to more than 1,700 emergency room visits through last year. Many of those visits involved children ingesting the magnets, a situation that could quickly develop into serious health problems.

 If the small, manipulative magnets become dislodged from their compact form, they could end up in the hands of children. The "toys'" appearance themselves often lend them to being picked up and played with by children.  CPSC estimates that as many as 70 percent of the incidents reported to the agency involving people being rushed to emergency rooms due to the ingestion of these magnets were children between the ages of 4 and 12.

 In recent weeks, the agency contacted the makers of these increasingly popular products and demanded they stop production of them immediately. It was a rare move on the part of the agency and only resulted in angering the makers of the products, who stated they work under the current laws to strictly warn consumers they're not for children under the age of 14.

 Obviously, the companies failed to heed the warning issued them and that prompted a response from the agency, attempting to flex its regulatory arm. The new rules, according to an industry source, would prohibit products that contained magnets that fit through the CPSC's standardized tube for measuring small objects. Each magnet would be required to have a "flux" level of 50, a measure taken by the agency based on several factors. These rules are based on standards set by the agency for products aimed at small children.

 If a product does not meet these standards, the agency would act to ban its sale in the future. The proposed rules will now go through a 75-day review period open to public comment. It's assumed the makers of these products will make attempts to have this proposal eliminated before it can become law.

 CPSC Commissioner Nancy Nord said in releasing the proposed rules this week: "In particular, the proposed standard proceeds on the belief that warnings do not work for this relatively new product because (it is assumed) warnings are and will be ignored or otherwise not communicated effectively. But in the absence of a robust and comprehensive program to educate and warn about this hazard, it is unclear that warnings will be ineffective and our conclusion that such is the case is speculative."

]]>
Four Lawsuits Allege Scotts Miracle-Gro Sold Toxic Bird Seed http://www.yourlawyer.com/articles/read/18966 Fri, 24 Aug 2012 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18966 Lawn care giant Scotts Miracle-Gro is facing lawsuits filed in separate courts across the country that it knowingly sold bird seed contaminated with two pesticides that are toxic to birds.

According to a report at CourthouseNews.com, one of the lawsuits filed against Scott’s seeks $5 million in damages. Lawsuits have been filed in Illinois and California and the most recent plaintiffs to file a class-action suit against the popular purveyor of consumer and industrial lawn care products like grass seed and potting soil are looking to have their complaints consolidated in a federal court with other lawsuits.

In them, they claim Scott’s marketed 93 types bird seed that contained the pesticides Storcide II and Actellic 5E. Some of the names these products are marketed as include Country Pride, Scott's Songbird Selections, Morning Song, and Scott's Wild Bird Food. These pesticides, the claims state, have never been approved by the Environmental Protection Agency to be included in bird seed.

Scott’s contends the pesticides Storcide II and Actellic 5E are included in its bird seed mixtures “to prevent insect infestation of the feed grains during storage,” according to the complaint.

The classes of Plaintiffs seeking damages from Scott’s point to the EPA labels on the pesticide Storcide II that specifically states that it should not get exposed to seeds used to feed birds and other animals. The label states the pesticide is “extremely toxic to fish and toxic to birds and other wildlife.”

The lawsuits also claim that Scott’s own employees have warned the company that using Storcide II and Actellic 5E in its bird seed mixtures would have toxic consequences but the company continued to sell them at the wholesale and consumer level for years. Bags of this bird feed usually sold at retail stores across the country for between $10 and $40.

It was not until 2008 that Scott’s finally recalled these bird seed products from the market but in doing so, remained aloof on the details behind the recall and it only included certain products, not all feeds.

Earlier this year, the report adds, Scott’s settled charges filed by the U.S. Attorney’s Office in Ohio. One of those charges included claims made in these class-action lawsuits that the company knowingly sold bird seed products that were contaminated with pesticides the federal government had specifically banned for use on products meant to feed birds and wildlife

]]>
Flushmate III Flushing System Recall Sparks Exploding Toilet Lawsuit http://www.yourlawyer.com/articles/read/18960 Tue, 21 Aug 2012 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18960 A Las Vegas woman says the fix offered by Sloan Valve Co. on its defective Flushmate III Pressure-Assisted Flushing System is also defective and has sued the company for injuries she suffered when the flushing system caused her toilet to explode.

Earlier this month, the Consumer Product Safety Commission issued a recall along with Sloan on the flushing system that was sold at Home Depot and Lowe’s Home Improvement stores along with toilet manufacturers American Standard, Crane, Kohler, Eljer, Mansfield, St. Thomas, and Gerber. More than 2.3 million of the Flushmate flushing systems were sold in the U.S. from 1997 until 2008. Another 9,000 were sold in Canada.

The recall was necessary because the flushing system was defective and prone to “explosions” that put consumers who used the devices at risk of laceration injuries. The CPSC received more than 300 reports of the flushing system bursting after it was installed in consumer commodes. These incidents resulted in at least 14 “impact or laceration” injuries to consumers who were hit with parts of the toilet dislodged during the “explosion”.

As part of the recall, customers who purchased the Flushmate flushing system were offered a free repair kit. The Las Vegas woman seeking unspecified monetary damages from Sloan says the repair kit offered to consumers is also defective and to fix the flushing system requires a professional plumber who should replace it completely.

The lawsuit she’s filed in a Las Vegas courtroom is seeking class-action status that would include other consumers who were affected by the defective Flushmate III Pressure-Assisted Flushing System.

Sloan is also facing legal trouble from other areas of the country, including lawsuits filed in Los Angeles and San Francisco. One lawsuit against the company seeks at least $5 million in damages caused by the defective flushing system.

 

A Las Vegas woman says the fix offered by Sloan Valve Co. on its defective Flushmate III Pressure-Assisted Flushing System is also defective and has sued the company for injuries she suffered when the flushing system caused her toilet to explode.

 

Earlier this month, the Consumer Product Safety Commission issued a recall along with Sloan on the flushing system that was sold at Home Depot and Lowe’s Home Improvement stores along with toilet manufacturers American Standard, Crane, Kohler, Eljer, Mansfield, St. Thomas, and Gerber. More than 2.3 million of the Flushmate flushing systems were sold in the U.S. from 1997 until 2008. Another 9,000 were sold in Canada.

 

The recall was necessary because the flushing system was defective and prone to “explosions” that put consumers who used the devices at risk of laceration injuries. The CPSC received more than 300 reports of the flushing system bursting after it was installed in consumer commodes. These incidents resulted in at least 14 “impact or laceration” injuries to consumers who were hit with parts of the toilet dislodged during the “explosion”.

 

As part of the recall, customers who purchased the Flushmate flushing system were offered a free repair kit. The Las Vegas woman seeking unspecified monetary damages from Sloan says the repair kit offered to consumers is also defective and to fix the flushing system requires a professional plumber who should replace it completely.

 

The lawsuit she’s filed in a Las Vegas courtroom is seeking class-action status that would include other consumers who were affected by the defective Flushmate III Pressure-Assisted Flushing System.

 

Sloan is also facing legal trouble from other areas of the country, including lawsuits filed in Los Angeles and San Francisco. One lawsuit against the company seeks at least $5 million in damages caused by the defective flushing system.

 

]]>
CPSC Continues Crackdown on High-Powered Magnet Toys http://www.yourlawyer.com/articles/read/18934 Wed, 08 Aug 2012 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18934 Federal consumer safety officials have asked another company which markets desktop magnetic “curiosity products” marketed to adults to remove their products from the market because the tiny, high-powered magnets that make up these products pose serious injury risks to children.

According to an Associated Press report this week, the Consumer Product Safety Commission has contacted Zen Magnets, a Colorado importer that markets “desktop toys” marketed to adults that feature numerous small and high-powered magnets. The magnets can be manipulated into different shapes and their popularity has increased dramatically in recent years.

In the last two weeks, the CPSC has also contacted the makers of Buckyballs, a similar and more high-profile product, and made a similar request, to stop marketing these products altogether. Officials with the agency have identified at least a dozen children who’ve suffered serious injuries after ingesting some of the small magnets used in these products when they become dislodged from the toy.

Seeing as they are marketed mostly as “toys” but for adults, they are still likely to end up in the hands of children and safety officials believe they pose serious risks of injuries and should be removed from the market entirely. Zen Magnets, on its Web site, specifically indicates its products are not toys but “curiosity” items.

While the agency typically tries to work with a company to revise or recall a product it considers dangerous, CPSC has decided to take an almost unprecedented step in all but ordering select makers of these products to remove them.

If some of the magnets do break away from the toy product, they could easily be ingested by children. Small and powerful magnets, once they’re swallowed, could cause any number of serious injuries and possible death. Immediate surgery is often required to remove the magnets before they’re allowed to travel too far into the body. If multiple magnets are swallowed, it takes just two to fuse on either side of an organ like the intestinal tract to cause damage, potentially leading to perforation, tears, infection, inflammation, and chronic pain.

Like the makers of Buckyballs products, officials at Zen Magnets have promised to fight or not comply with the CPSC request, believing the agency is overzealous in its request. It believes it properly markets Zen Magnets products toward adults and includes adequate safety warnings regarding the potential dangers of the products, specifically to children.

CPSC believes Zen Magnets and the makers of Buckyballs are being defiant in refusing to take these products off the market. It said 11 other companies which manufacture or market products containing numerous small and powerful magnets have complied with a similar request. Both companies assert that none of the injury reports involving small magnets involved their products.

]]>
Buckyballs, Buckycubes Magnet Toys Ordered Off the Market Following Injuries to Kids http://www.yourlawyer.com/articles/read/18910 Thu, 26 Jul 2012 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18910 Federal consumer safety officials have urged the makers of Buckyballs and Buckycubes to stop selling these “desk toys” because the high-powered magnets in them pose serious health risks to children.

Even though Buckyballs and Buckycubes are marketed mostly for adults as a novelty item to stick on their desks at work or home, they’re popular among children and the youngest are most likely to be the ones who stick these “toys” in their mouths and swallow them.

Ingesting high-powered magnets poses myriad health risks and can require multiple surgeries and long hospital stays to alleviate the dangers posed by them.

According to a CNN report on action taken by the Consumer Product Safety Commission this week, the agency is urging the makers of Buckyballs and Buckycubes to cease all marketing of the “toys” because of the growing reports of injuries sustained by children who ingest these products, specifically. In the last three years, the agency has received more than a dozen incident reports in which a small child swallowed the magnets used in Buckyballs and Buckycubes.

Maxfield & Oberton, the makers of these products, has refused to comply with the CPSC request. In a statement to CNN, the company said it believes it is properly marketing the products to people over the age of 14 and there are at least five warning labels on the product packaging to keep Buckyballs and Buckycubes away from children, noting the risks they pose to smaller children. It also noted that there are “half a billion magnets in the world” and that because its product is more popular than most containing these high-powered magnets, it is being singled-out by the federal safety agency.

Buckyballs and Buckycubes claim to each contain numerous high-powered “rare earth” magnets. These magnets are used in numerous consumer applications and are included in many toys and products like those in question that contain magnets. Swallowing just a few magnets can have disastrous effects for anyone but especially small children who are more likely to put them in their mouths. The magnets can enter the intestinal tract and cause infection. If they bind together on either side of the intestinal wall, they can cause severe perforation or a breakdown of the intestine. Numerous surgeries may be required to remove the magnets and then to clear a person of the damage they’ve caused.

The request from the CPSC is not without precedent. CNN reports the agency made a similar request to the makers of BB guns about the dangers of their products and urged them to stop marketing them.

]]>
Button Battery Injuries on the Rise among Children http://www.yourlawyer.com/articles/read/18814 Wed, 16 May 2012 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18814 Parents are being warned to tape up battery compartments on TV remote controls, electronic games, cameras and other household gadgets in the wake of a new study which found that the lithium "button batteries"  powering such devices are sending an increasing number of children to the emergency room.  The study, published in the journal Pediatrics, found that the number of battery-related emergency room visits made by children has doubled in the past 20 years, largely due to children either swallowing or lodging the batteries in their ears or nose.

According to the study, between 1990 and 2009, more than 65,000 kids under age 18 had a battery-related ER visit between 1990 and 2009.  More than three-quarters of the children were ages 5 and under, and almost two-thirds were boys.  In that time frame, battery-related visits jumped by four kids for every 100,000 U.S. children each year, to between seven and eight per 100,000.   The vast majority of visits – more than 80% - were caused by the lithium button batteries.

When a child swallows a button battery, it may become lodged in the esophagus.  This can start an electric current that burns through the tissue, leading to a whole in esophagus.  Similar burns can occur if a button battery is lodged in the ear or nose.  While 92 percent of battery injuries are successfully treated, the report said the remainder face an ever-increasing risk for severe internal damage. According to the Pediatrics report, it can take only a couple of hours for a child who has swallowed a button battery to burn a hole through tissue.

“For parents, the message is that if they suspect that their child has swallowed a battery they need to get to the ER right away," lead author Dr. Gary A. Smith, director of the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, Ohio, told HealthDay News. "And in terms of prevention, they need to store and dispose of batteries out of reach, and also tape all battery compartments shut."

The Pediatrics report also recommended that manufacturers re-design button batteries so they are more difficult for children to access.



]]>
Punitive Damage Award Brings Lorillard Tobacco Verdict to $41 Million http://www.yourlawyer.com/articles/read/18809 Mon, 19 Mar 2012 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18809 Punitive damages of $25 million have been granted to a plaintiff in a Florida tobacco lawsuit, bringing the total awarded  to $41 million. Earlier this month, Dorothy Alexander—who sued the Lorillard Tobacco Company, the oldest tobacco company in the U.S., for the wrongful death of her husband—was awarded $20 million in compensatory damages by a Dade County jury. The lawsuit alleged that Coleman Alexander died from small cell lung cancer, the result of his 40-year-addiction to cigarettes, including Kent brand cigarettes marketed by

Dorothy Alexander was represented by Alex Alvarez of the Alvarez Law Firm in Coral Gables, Florida; Gary M. Paige of the Paige Law Firm in Belle Glade, Florida; and Jordan Chaikin, partner with Parker Waichman LLP in Bonita Springs, Florida

The verdict, said Lawyer USA Online, broke a run of low verdicts and hung juries in the continuing Engle trials against Big Tobacco. In her lawsuit against Lorillard, the maker of Kent cigarettes, Mrs. Alexander alleged that Coleman, who smoked for 40 years, died as a result of lung cancer caused by the cigarettes. Lorillard is expected to appeal.

Mrs. Alexander’s lawsuit was one of thousands of tobacco injury lawsuits spawned by the Florida Supreme Court’s 2006 Engle Decision. Under the standard set by the Engle Decision, Mrs. Alexander only needed to prove that her husband was addicted to cigarettes containing nicotine and that nicotine addiction was a legal cause of his death. The so-called Engle case was a large class action lawsuit filed on behalf of Florida citizens who suffered from smoking-related illnesses in 1994. In 2000, a jury returned a verdict for the Engle plaintiffs, including $145 billion in punitive damages. An appellate court overturned the jury’s decision and reversed the award in 2004.

In 2006, the Florida Supreme Court upheld the appellate court decision and de-certified the class. The Supreme Court ruled that members of the original suit would be allowed to file individual lawsuits against tobacco companies. The decision also stipulated that the issues already decided in the original class action lawsuit would hold true for the individual lawsuits, including findings that tobacco products are defective, dangerous, addictive, and the cause of 16 major diseases; the decision also allowed findings that Big Tobacco acted negligently and intentionally concealed information from consumers about the impact of cigarettes on their health to stand.

Coleman’s smoking habit began when he was 14 in 1950, he switched to filtered Kents in 1958 in response to marketing that the brand offered a safer alternative to his unfiltered brand. Plaintiffs attorneys argued that the company presented an illusion that filtered cigarettes were safer.  Coleman believed the big corporations wouldn’t sell a product they knew was dangerous, his attorneys said.  When warning labels were being included on cigarette packaging in 1966, Big Tobacco thwarted those messages with advertising meant to make the link between smoking and sickness confusing, the plaintiff's attorneys claimed, according to Lawyer USA Online.

According to a prior press release issued by Parker Waichman LLP, jurors found that Lorillard was 80% responsible for Mr. Alexander’s death in 1995 and agreed his widow was entitled to punitive damages. In the damages phase, the jury was asked to award $12.6 million and came back with a total of $20 million. The award will be reduced to $16 million based on the 20% fault against Coleman, noted Lawyer USA Online.

]]>
Parlayzed Montana Man Files Suit After Remington Model 700 Rifle Misfire http://www.yourlawyer.com/articles/read/19014 Sun, 01 Jan 2012 00:00:00 -0500 http://www.yourlawyer.com/articles/read/19014 A Montana man claims a defect in the firing and trigger mechanism of his Remington hunting rifle caused him to be paralyzed after it fired unexpectedly and hit his spine.

 According to a report from KTVM-TV in Bozeman, Mont., Brad Humphrey claims he was shot in the spine with an errant blast from his step-son’s Remington model 700 rifle. Humphrey has become the latest person to claim a defect in the trigger mechanism caused the rifle to fire unexpectedly and has filed a lawsuit against the famed gun maker.

 Humphrey and his step-son, Travis Kohr, were spotting elk during a hunt in 1989. As they were getting into their truck, Kohr slipped and his Remington model 700 rifle discharged a round, hitting Humphrey in the spine. Although he survived the shot to his back, Humphrey has been paralyzed since the incident more than 20 years ago. 

 This man is just the latest to claim defects with the “Walker trigger” on that model of Remington rifle causes the gun to fire unexpectedly. According to previous reports on other lawsuits and the allegedly defective mechanism itself, the trigger connector on this rifle was patented in 1950 and named after its inventor. The “Walker trigger” is designed to allow a “smooth, crisp” firing action on the popular rifle. 

 Millions own the Remington model 700 rifle. It’s been on the market for decades and is the preferred rifle of many hunters. A CNBC report from several years ago describes the trigger as “a piece of metal roughly the size of a paper clip” and is mounted on a spring inside the trigger.

 Previous lawsuits filed against Remington claim that even the slightest piece of debris on the “Walker trigger” can misalign it. This causes the trigger to separate from the rest of the firing mechanism. Those who’ve been victims of this defect say actions on the gun other than pulling trigger can cause it to fire when the trigger connector has been disengaged, such as using the safety lock or the bolt on the rifle.

 Through previous investigations, it was revealed that while the inventor of the trigger mechanism had advocated Remington add a mechanism that would hold the trigger and his connector in place that prevented the gun from firing, the company rejected the idea and stood behind the safety of its popular rifle.

 Remington still stands behind the safety of its original model 700 rifle but in the last five years has unveiled a new version of the gun with a new firing mechanism that’s supposed to be a spin on the device used for decades prior. The company allegedly elected to change the firing mechanism, completely eliminating the “Walker trigger” when it released the new model 700 rifle in 2007 because more and more lawsuits had been filed against the company.

 The “Walker trigger” with the allegedly faulty connector is still available on other models of the company’s rifles.

 

 

]]>
CSST Flexible Tubing Tied to Ohio Fires http://www.yourlawyer.com/articles/read/18658 Wed, 28 Dec 2011 00:00:00 -0500 http://www.yourlawyer.com/articles/read/18658 A recent outbreak of lightning-related fires in central Ohio has renewed a call to place stricter regulations on the use of Corrugate Stainless Steel Tubing (CSST) as residential natural gas piping.

Four fires in central Ohio during a one-day period raised the eyebrows of several local safety officials who blame CSST flexible tubing for the incidents.

CSST, according to a Washington Post report, has been implicated in house fires in at least a dozen states in recent years but it’s unsure whether the product itself is unsafe or whether it was installed improperly, thereby leading to unnecessary hazards.

Homeowners impacted by these incidents have continued to file lawsuits against the manufacturers and installers of CSST, attempting to hold them accountable for millions of dollars in property damage. The same report notes a 2006 settlement worth as much as $29 million struck between homeowners who suffered varying levels of property damage and the manufacturers of CSST.

The surviving members of a South Dakota family are still awaiting resolution on their lawsuit which claims a 2008 fire that killed four members of their family was the result of fault CSST.

CSST is an alternative to rigid metal piping used to move natural gas to different points in a home. It was thought to be a safer alternative to the traditional rigid piping because it required using less joints in the pipe’s path, lowering the risk of gas leaks which could prompt an explosion or fire. The revolutionary product was used primarily in Japan where it reduced the risk of gas explosions and fires during severe earthquakes, when rigid piping was more likely to fracture and leak gas.

Despite it carrying a heftier price tag than traditional rigid piping, CSST has become commonplace in new American homes, or homes retro-fit with natural gas lines. Its flexible nature allows for a quicker installation but as its use increases, so do the questions about its safety.

In the recent string of Ohio fires, a local Fire Chief believes CSST was at least partially to blame for the incidents. According to the report at WaPo.com, Genoa Township Chief Gary Honeycutt said, “lightning struck at or near the homes and the electrical charge traveled along the CSST before jumping to a less resistant pathway nearby such as a metal ventilation duct.” The moving charge then punctured a small hole in the flexible gas tubing, but large enough to create a gas leak. Once lighting struck again, it ignited.

Though it’s become ubiquitous in newer homes outfitted for natural gas, many believe CSST is an unproven product in terms of safety. Some local municipalities have enacted building codes which require CSST be away from other conducting building materials in a home’s infrastructure and at least one manufacturer of the product has recently changed its design to make it less likely to leak or cause fire, indicating it may not have been as safe as it could have been. Washington Post reports Omega Flex, based in eastern Pennsylvania, has begun wrapping its line of CSST in a plastic covering to make it “more resistant to lightning strike damage.” The head of a homebuilder’s advocacy group in Ohio said he believes CSST is safe when installed properly and grounded.

 

 

A recent outbreak of lightning-related fires in central Ohio has renewed a call to place stricter regulations on the use of Corrugate Stainless Steel Tubing (CSST) as residential natural gas piping.
Four fires in central Ohio during a one-day period raised the eyebrows of several local safety officials who blame CSST flexible tubing for the incidents.
CSST, according to a Washington Post report, has been implicated in house fires in at least a dozen states in recent years but it’s unsure whether the product itself is unsafe or whether it was installed improperly, thereby leading to unnecessary hazards.
Homeowners impacted by these incidents have continued to file lawsuits against the manufacturers and installers of CSST, attempting to hold them accountable for millions of dollars in property damage. The same report notes a 2006 settlement worth as much as $29 million struck between homeowners who suffered varying levels of property damage and the manufacturers of CSST.
The surviving members of a South Dakota family are still awaiting resolution on their lawsuit which claims a 2008 fire that killed four members of their family was the result of fault CSST.
CSST is an alternative to rigid metal piping used to move natural gas to different points in a home. It was thought to be a safer alternative to the traditional rigid piping because it required using less joints in the pipe’s path, lowering the risk of gas leaks which could prompt an explosion or fire. The revolutionary product was used primarily in Japan where it reduced the risk of gas explosions and fires during severe earthquakes, when rigid piping was more likely to fracture and leak gas.
Despite it carrying a heftier price tag than traditional rigid piping, CSST has become commonplace in new American homes, or homes retro-fit with natural gas lines. Its flexible nature allows for a quicker installation but as its use increases, so do the questions about its safety.
In the recent string of Ohio fires, a local Fire Chief believes CSST was at least partially to blame for the incidents. According to the report at WaPo.com, Genoa Township Chief Gary Honeycutt said, “lightning struck at or near the homes and the electrical charge traveled along the CSST before jumping to a less resistant pathway nearby such as a metal ventilation duct.” The moving charge then punctured a small hole in the flexible gas tubing, but large enough to create a gas leak. Once lighting struck again, it ignited.
Though it’s become ubiquitous in newer homes outfitted for natural gas, many believe CSST is an unproven product in terms of safety. Some local municipalities have enacted building codes which require CSST be away from other conducting building materials in a home’s infrastructure and at least one manufacturer of the product has recently changed its design to make it less likely to leak or cause fire, indicating it may not have been as safe as it could have been. Washington Post reports Omega Flex, based in eastern Pennsylvania, has begun wrapping its line of CSST in a plastic covering to make it “more resistant to lightning strike damage.” The head of a homebuilder’s advocacy group in Ohio said he believes CSST is safe when installed properly and grounded.

]]>
Mercedes-Benz Owner Claims M156 Engines are Defective http://www.yourlawyer.com/articles/read/18565 Wed, 21 Sep 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18565 A lawsuit has been filed in federal court in New Jersey alleging that Mercedes-Benz vehicles equipped with the M156 engine are defective and prone to premature wear.  The lawsuit seeks class action status on behalf of consumers  who own or lease 2007 through 2011 Mercedes-Benz vehicles equipped with the defective M156 that were sold or leased in California.

Daimler  AG, a defendant in the lawsuit, introduced its M156 engine, a 6.2-liter V8 engine, in its AMG vehicles starting in the 2007 model year, the suit says. The M156 is the first V8 automobile engine designed autonomously by Mercedes-Benz subsidiary Mercedes-AMG, as previous AMG engines have always been based on original Mercedes engines.

But according to Cedric Chan, a California resident and  lead plaintiff in the lawsuit, the engine does not perform as promised.  According to the complaint, Chan has spent roughly $4,600 since he purchased a pre-owned 2007 Mercedes-Benz E63 AMG in 2008.   When the vehicle required even more engine repairs, Chan decided instead to trade it in, incurring a $25,000 loss.  The lawsuit alleges that Daimler has known about defects in its M156 engine since introducing it in the 2007 model year and has revised service bulletins for mechanics covering replacement of engine parts.

"As an owner or lessee of numerous Mercedes vehicles in the past, plaintiff expected to receive a product that conformed to the quality that Mercedes advertises for its AMG products," Chan's suit contended. "Alas, plaintiff did not even receive a vehicle that conformed to the lesser (but, still high) quality of Mercedes non-AMG vehicle line."




]]>
PW Maytag Oven Class Action Lawsuit to Proceed http://www.yourlawyer.com/articles/read/18531 Fri, 02 Sep 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18531 A class lawsuit claiming Maytag sold defective gas ovens filed by Parker Waichman LLP on behalf of New York man will go forward, after a federal judge partially denied a defense motion to dismiss the suit.

The lawsuit stems from a Maytag gas oven purchased by Gary Woods in 2005 from Plesser's M.S.H. Inc., a Babylon, New York, department store.  According to the original complaint, which was filed on December 10, 2009, a malfunction occurred in February 2008 that caused the oven to explode.  Woods alleged that the oven's igniter was defective and that Maytag knew of and intentionally concealed the oven's defect.

In an order dated November 2, 2010, Judge Arthur D. Spatt of the U.S. District Court, Eastern District of New York, granted a defense motion to dismiss the original complaint.  He dismissed the plaintiff's claims of breach of implied warranty with prejudice, finding they were time barred.  However, Judge Spratt dismissed the lawsuit's fraudulent inducement and fraudulent concealment claims with leave to amend.

On November 10, 2010, Woods did file an amended complaint, this time charging Maytag Co., Maytag Sales Co. and Plesser's with fraudulent concealment and fraudulent misrepresentation, as well as violation of Section 349 of the New York General Business Law (GBL), which declares that "deceptive acts or practices in the conduct of any business, trade, or commerce, or in the furnishing of any service" are unlawful in New York. 

In December the defendants gain filed a motion with the Eastern District of New York to dismiss the amended claim in its entirety. In an order dated August 31, 2011, did dismiss, with prejudice, the lawsuit's fraudulent misrepresentation claims against the Maytag defendants, as well as the fraudulent concealment and GBL Section 349 claims against Plesser's. 

Judge Spatt denied the defense motion to dismiss  a claim of  fraudulent concealment against  Maytag Co. and Maytag Sales Co, writing that  he disagreed with the defense contention that Woods "had not sufficiently alleged that (1) Maytag had knowledge of the alleged defects; and (2) any failure to disclose was done with the requisite intent to defraud."  Judge Spatt also allowed the plaintiff to proceed with his GBL claim against the Maytag defendants, writing  that Woods plausibly alleged that they "had knowledge of the purported defect and failed to disclose that information for the purposes of fraudulent concealment," thus satisfying the pleading requirement for a claim under Section 349 of the GBL.

Finally, he allowed the fraudulent misrepresentation claim against Plesser's to go forward, writing the amended complaint "sufficiently alleged facts that meet the heightened pleading requirements for fraudulent misrepresentation, made with the requisite scienter, which the Plaintiff reasonably relied upon to his detriment."


]]>
Ford Recalls F-150, F-250, and Lincoln Pickup Trucks for Fire Hazard http://www.yourlawyer.com/articles/read/18486 Tue, 02 Aug 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18486 Corrosion from road salt can weaken gas tank straps on some Ford F-150, F-250, and Lincoln pickup trucks, prompting Ford Motor Company to recall more than 1 million of the popular vehicles. According to the automaker, the corrosion problems can cause a pickup truck’s gas tank to drop and leak, possibly resulting in a fire.

As we reported previously, the National Highway Transportation Safety Administration (NHTSA) began investigating this issue  last year and  stepped up its probe in May.

Ford is aware of at least three vehicle fires and one injury resulting from this problem.  The recall affects 1.22 million pickups sold in 21 sates and Washington D.C., all located in regions with colder climates where road salt is used frequently.    According to the recall notice, vehicles involved include:

•    1997 to 2003 Ford F-150;
•    2004 F-150 Heritage;
•    1997 to 1999 F-250;
•    2002 to 2003 Lincoln Blackwood.

Ford says it plans to notify affected pickup truck owners of the recall in mid-September and will repair the vehicles for free.

The affected vehicles were sold or registered in Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia, Wisconsin, and Washington, D.C.

According to a report from the Los Angeles Times, this action follows an April recall of more than 1 million F-150 pick-ups for defective airbags.  In that case, the truck’s front-seat airbags could inflate without the vehicle being involved in a crash.

Owners with questions about these recalls may contact Ford at 866-436-7332.

]]>
New Jersey Man Files Maibec Wood Shingle Class Action Lawsuit http://www.yourlawyer.com/articles/read/18461 Thu, 14 Jul 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18461 A class action lawsuit filed in New Jersey federal court is seeking to represent anyone who owns a building that had wood shingles made by Maibec Inc. installed since 1986.  The lawsuit claims that the Maibec wood shingles fail before their warranty expires, and accuses Maibec of failing to fully honor its warranty agreements.

The lead plaintiff in the Maibec wood shingle class action lawsuit is the former owner of a New Jersey home improvement company, James Vander Veer, who claims Maibec wood shingles failed on a home just four years after a subcontractor had installed them.  Vander Veer alleges he was forced into a settlement with the homeowners after Maibec refused to fix the problem.

The lawsuit claims Maibec wood shingles are plagued by design flaws that result in warping, peeling, cracking, buckling and curling.  It further alleges that representations Maibec made about the shingles and their warranties are false.

Vander Veer's eight-count complaint alleges breach of warranty, unjust enrichment, strict products liability and violations of New Jersey’s Consumer Fraud Act.

Maibec is a Canadian company that sells wood shingle siding in a dozen states.  According to Vander Veer's lawsuit, the shingles are marketed as high-quality, durable and resistant to rot and insect damage.  The Maibec shingles were also guaranteed for 50 years against wood decay, offering a 30-year warranty on two coats of solid stain and a five-year warranty on labor.


]]>
Chinese Drywall Supplier Seeks to Settle Florida Claims http://www.yourlawyer.com/articles/read/18412 Wed, 15 Jun 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18412 A proposed settlement of hundreds of Florida Chinese drywall claims was announced yesterday.  Under the terms of the settlement, Banner Supply, along with its affiliates and insurers, will pay $55 million to fix as many as 3,000 homes in Florida built with tainted Chinese drywall that was distributed by Banner.

A process for distributing proceeds of the $55 million settlement is still in negotiation, according to a partner with the national law firm of Parker Waichman LLP.  The firm, which has an office in Bonita Springs, represents about 1,000 homeowners in the Chinese drywall litigation.

“If somebody suspects or has confirmed through their builder that they have Chinese drywall and have not retained an attorney to represent them, it’s imperative that they do that immediately,” Jordan Chaikin of Parker Waichman LLP told the Miami Herald.

During Florida's housing boom earlier this decade, Banner Supply distributed about 1.4 million sheets manufactured by China-based Knauf Plasterboard Tianjin Co.  Since late 2008, owners of thousands of homes built with drywall made by Knauf and other Chinese manufactures have filed complaints with the U.S. Consumer Products Safety Commission (CPSC). Sulfurous gases emitted from Chinese drywall are being blamed for significant property damage, including damage to HVAC systems, smoke detectors, electrical wiring, metal plumbing components, and other household appliances.  The CPSC has recommended that such homes be gutted, something that costs at least $100,000.

The Banner Supply Chinese drywall settlement still has to be approved by U.S. District Judge Eldon Fallon, who is overseeing the Chinese drywall multidistrict litigation in New Orleans.  Those eligible for the settlement will be notified by mail and through the media within 35 days of the settlement once it is approved, the Miami Herald said.

Banner has not admitted liability for the tainted drywall.  According to a report from Newsinferno.com, the company said in court papers that when it began receiving complaints about the material in 2006, it informed Knauf Group, the Germany-based parent of Knauf Plasterboard.  After testing the material, Banner claims Knauf told it that the drywall was completely safe.  But Banner claims Knauf knew that was untrue, and that the tests actually showed the drywall was contaminated.

According to the Miami Herald, Banner says it plans to seek damages against manufacturers that sold defective Chinese drywall.


]]>
2.7 Million Ford F-150 Pickup Trucks Under Investigation for Loosening Gas Tanks http://www.yourlawyer.com/articles/read/18387 Tue, 31 May 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18387 U.S. regulators are expending an investigation of a gas tank problem that may be plaguing some F-150 Pickup Trucks.  Roughly 2.7 million vehicles were added to the F-150 Pickup investigation after the National Highway Traffic Safety Administration (NHTSA) received more than 240 new reports of  gas tanks coming free from the trucks and dragging from the ground.

The steel straps holding up the F-150s’ gas tank in place can rust and break, possibly causing a fuel spill and fire, according to the NHTSA.  If one strap breaks, the tank could tilt to one side, and possibly make contact with the road. If both straps break the whole tank can fall to the pavement.  If either occurs while the truck is being driven, it may cause fuel leaks, sparks and fire.

The NHTSA first launched its F-150 Pickup investigation last September, when it had received 32 reports of loosening gas tanks.  The investigation includes model years 1997 through 2001 F-150 Pickup trucks.

Two of the reports receive by the NHTSA involved fires, and one of those destroyed a vehicle.  There have also been nine reports of gas tanks causing sparks, but no reports of injuries or crashes.  A gasoline leak that the driver was not aware of occurred in  95 of the 243 new reports made to the NHTSA.

According to a report in The Wall Street Journal, the NHTSA says it is upgrading its previously-announced investigation to an engineering analysis because of the potential severity of the defect.  The more serious investigation stops short of a recall, but very often, such probes are often followed by a recall.

According to a report in The New York Times, Ford said it's cooperating with the investigation.

Ford’s F-Series has been the best-selling vehicle in the U.S.  Earlier this year, Ford recalled 150,000 F-150 trucks to deal with an airbag problem.  That recall was eventually expanded to 1.2 million trucks last month under pressure from the NHTSA.  According to an Associated  Press article, there were 98 reported injuries because of airbags that deployed at the wrong time.

]]>
Parker Waichman LLP Attorney Appointed to Leadership Role in Ford Navistar Diesel Engine Litigation http://www.yourlawyer.com/articles/read/18383 Fri, 27 May 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18383 Peter Cambs, an attorney with the national law firm of Parker Waichman LLP, has been named to the Plaintiffs' Steering Committee (PSC) in the litigation surrounding certain Ford Navistar diesel engines (In re: Navistar Diesel Engine Product Liability Litigation, MDL No. 2223).  The Ford Navistar PSC will coordinate the litigation and work together to represent all plaintiffs.

The litigation involves Ford 6.0 L diesel engines made by Navistar that were installed in certain models of Ford heavy duty vehicles between 2003-2007. Plaintiffs allege that the enormous costs associated with Ford 6.0 L diesel engine repairs, loss of use of their vehicles, and loss of resale value has caused them significant financial harm. Return of the purchase price of the vehicles, costs and expenses incurred in attempted repairs, as well as the loss of use of the vehicles are some of the damages being sought by plaintiffs.

Peter Cambs is Senior Litigation Counsel for Parker Waichman LLP.  His Area of Practice includes Mass Torts; Toxic Torts; Defective Medical Devices and Pharmaceutical Liability; Personal Injury Litigation and Wrongful Death Claims; Medical Malpractice and Product Liability claims.

An MDL allows lawsuits associated with a particular product to be coordinated under one judge for pretrial litigation to avoid duplicative discovery, inconsistent rulings and to conserve the resources of the parties, witnesses and the court.   It is the responsibility of PSC team members to conduct all pretrial discovery, work with Lead Counsel to call meetings of counsel for plaintiffs for any appropriate purpose, prepare and examine witnesses, act as a spokesperson for all plaintiffs at pretrial proceedings, negotiate with defendants on the litigation and perform any other necessary tasks.

]]>
Remington Model 700 Rifle Lawsuit Claims Defect Caused Misfire http://www.yourlawyer.com/articles/read/18161 Sat, 09 Oct 2010 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18161 Another lawsuit has been filed against Remington Arms Company on behalf of an individual who claims to have been injured as a result of a Remington Model 700 rifle misfire. The lawsuit alleges that Remington has known about the Model 700 rifle trigger’s dangerous propensity to fire without a trigger pull for decades.

No other rifle manufacturer uses this design. According to the lawsuit filed by Jay Rambo, his father was loading the .338 Caliber Model 700 Remington rifle when it fired without the trigger being touched. The high velocity 200 grain bullet struck Jay Rambo in the forearm as well as his right gluteus according to the complaint. The gun was resting on the foam of the open gun case as it was being loaded by Jay’s father, Dale Rambo.

That trigger mechanism, known as the “Walker Fire Control,” uses an internal component called a “connector.” The lawsuit alleges that Remington has known about the problems with the Walker Fire Control for decades. In a company memo from 1979, Remington even admits to its own defect and recognizes the danger to its customers.

Remington even redesigned the fire control for the Model 700 with a newly designed trigger, the X-Mark Pro. That design was completed in 2002. Even today, Remington installs the new fire control into some but not all of its bolt-action rifles. However, Remington chose to continue with its Walker design for financial reasons, never warning the public.

Jay Rambo is just one of thousands of people who have filed lawsuits over Remington Model 700 rifle misfires. In several lawsuits involving Remington Model 700 rifle misfire injuries, the rifle maker has been ordered to pay substantial damages to plaintiffs. The company has also paid out about $20 million to settle such lawsuits out-of-court.

]]>
IRS Institutes Chinese Drywall Deduction http://www.yourlawyer.com/articles/read/18145 Mon, 04 Oct 2010 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18145 The Internal Revenue Service (IRS) is trying to provide some relief to homeowners plagued by corrosive Chinese drywall. Issued last week, Revenue Procedure 2010-36 enables affected taxpayers to treat damages from corrosive drywall installed in homes between 2001 and 2009 as a casualty loss and provides a ”safe harbor” formula for determining the amount of the loss.

Since late 2008, the US Consumer Products Safety Commission (CPSC) has received more than 3,500 reports from residents in 38 states, the District of Columbia, and Puerto Rico regarding defective Chinese drywall. Gases emitted from Chinese drywall are being blamed for significant property damage, including damage to HVAC systems, smoke detectors, electrical wiring, metal plumbing components, and other household appliances.

According to a statement from the IRS, Revenue Procedure 2010-36 provides the following relief:

• Individuals who pay to repair damage to their personal residences or household appliances resulting from corrosive drywall may treat the amount paid as a casualty loss in the year of payment.

• Taxpayers who have already filed their income tax return for the year of payment generally have three years to file an amended return and claim the deduction.

• The amount of a loss that may be claimed depends on whether the taxpayer has a pending claim for reimbursement (or intends to pursue reimbursement) of the loss through property insurance, litigation or otherwise.

• In cases where a taxpayer does not have a pending claim for reimbursement, the taxpayer may claim as a loss all unreimbursed amounts paid during the taxable year to repair damage to the taxpayer’s personal residence and household appliances resulting from corrosive drywall.

• If a taxpayer does have a pending claim (or intends to pursue reimbursement), a taxpayer may claim a loss for 75 percent of the unreimbursed amount paid during the taxable year to repair damage to the taxpayer’s personal residence and household appliances that resulted from corrosive drywall.

A taxpayer who has been fully reimbursed before filing a return for the year the loss was sustained may not claim a loss. A taxpayer who has a pending claim for reimbursement (or intends to pursue reimbursement) may have income or an additional deduction in subsequent taxable years depending on the actual amount of reimbursement received.

For purposes of this revenue procedure, the term “corrosive drywall” means drywall that is identified as problem drywall under the two step identification method published by the CPSC and the Department of Housing and Urban Development in their interim guidance dated January 28, 2010, the IRS said.

]]>
Fisher-Price Issues Massive Recall for Tricycles, High Chairs, and Toys http://www.yourlawyer.com/articles/read/18133 Thu, 30 Sep 2010 00:00:00 -0400 http://www.yourlawyer.com/articles/read/18133 Fisher-Price is recalling more than 10 million defective tricycles, high chairs and toys for infants and toddlers in the US and Canada. The recalled products are linked to 24 reported incidents of injuries to young children. A complete list of products included in these recalls can be accessed here.

Trikes and Tough Trikes Toddler Tricycles

The massive Fisher-Price recall includes 7 million Trikes and Tough Trikes toddler tricycles sold in the US, and 150,000 of the same sold in Canada. According to the recall notice, a child can strike, sit or fall on the protruding plastic ignition key resulting in serious injury, including genital bleeding. The US Consumer Products Safety Commission (CPSC) and Fisher-Price are aware of 10 reports of incidents resulting in injury. Six of the incidents required medical attention after young girls, ages two to three years old, fell against or on the protruding disc-shaped and D-shaped pretend key.

These recalled tricycles were sold at mass merchandise stores nationwide from January 1997 through August 2010 for about $25. The trikes are intended for children 2 to 5 years of age and have either a disc-shaped or D-shaped pretend key. The pretend keys are located about 3 inches in front of the seat and protrude at least 5/8 inches above the trike’s body. The model numbers are located under the seat in the storage compartment.

Consumers should immediately place the trikes out of children’s reach and contact Fisher-Price for a free replacement key.

Healthy Care, Easy Clean and Close to Me High Chair
s
Fisher-Price is also recalling Healthy Care, Easy Clean and Close to Me High Chairs. The recall includes 950,000 high chairs sold in the US and 125,000 sold in Canada. Children can fall on or against the pegs on the rear legs of the high chair resulting in injuries or lacerations. The pegs are used for high chair tray storage. The CPSC and Fisher-Price are aware of 14 reports of incidents, including seven reports of children requiring stitches and one tooth injury. One of these incidents was reported in Canada.

These recalled high chairs were sold in mass merchandise retail stores nationwide from September 2001 through September 2010 for between about $70 and $115. The high chairs have a folding frame for storage and a three-position reclining seat. The model number and date code of the high chair is on the back of the seat. All Easy Clean and Close To Me High Chairs are included in this recall. Only Healthy Care High Chairs manufactured before December 2006 are included in the recall. If the fourth digit in the date code is 6 or less, the Healthy Care High Chair is included in the recall.

Consumers should stop using the High Chair immediately and contact Fisher-Price for instructions and a free repair kit.

Little People Wheelies Stand ‘n Play Rampway

Today’s Fisher-Price recalls also include about 100,000 Little People Wheelies Stand ‘n Play Rampway toys and another 20,000 sold in Canada. The wheels on the purple and the green cars included with these toys can come off, posing a choking hazard to young children. Fisher-Price has received two reports of a wheel detaching from a vehicle. No injuries have been reported.

The recall involves Little People Wheelies Stand ‘n Play Rampway with model numbers T4261 and V6378. They were sold with small cars that a child can push down winding ramps. Only the purple and the green cars that are marked “Mexico” and do not have a yellow dot on the bottom are included in the recall. The toy is intended for children 1 ½ to 5 years of age.

These toys were sold at mass merchandise stores nationwide from April 2010 through September 2010 for about $45. About 2.8 million were sold in the US, while another 125,000 were sold in Canada.

Consumers should immediately take the affected purple and the green cars away from children and contact Fisher-Price for free replacement cars.

Toys with Inflatable Balls

Finally, Fisher-Price is also recalling Baby Playzone Crawl & Cruise Playground, Baby Playzone Crawl & Slide Arcade, Baby Gymtastics Play Wall, Ocean Wonders Kick & Crawl Aquarium (C3068 and H8094), 1-2-3 Tetherball, Bat & Score Goal. The valve on an inflatable ball on these toys can come off and pose a choking hazard to young children. The CPSC and Fisher-Price are aware of 46 reports of incidents where the valve came off in the US and eight reports in Canada. These include 14 reports of the valve found in a child’s mouth and three reports of a child beginning to choke. No injuries have been reported.

Consumers should immediately remove the inflatable ball from the product and keep away from children. Do not discard the inflatable ball. Contact Fisher-Price for a free replacement kit.

For additional information regarding any of these recalls, consumers should contact Fisher-Price at (800) 432-5437 between 9 a.m. and 6 p.m. ET Monday through Friday or visit the firm’s website at www.service.mattel.

]]>
Fake BlackBerry Batteries Prompt Recall, May Pose Fire and Burn Hazard http://www.yourlawyer.com/articles/read/17993 Wed, 11 Aug 2010 00:00:00 -0400 http://www.yourlawyer.com/articles/read/17993 Some BlackBerry-branded batteries provided with refurbished devices may be counterfeit, according to the batteries’ distributor. As such, Asurion, of Smyrna, Tenn. is recalling about 470,000 Blackberry-branded batteries. The company said in its recall notice that the batteries may pose a fire and burn hazard.

Genuine BlackBerry-branded batteries are not included in this recall. No other Asurion or BlackBerry products are involved in this recall.

Asurion has received two reports of counterfeit BlackBerry®-branded batteries overheating, causing minor burns to a consumer’s finger and minor property damage to a sofa and car seat.

The refurbished BlackBerry devices involved in this battery recall were sent to consumers by Asurion through a handset protection program between March 2004 through October 2009. The batteries were used across virtually all models of refurbished BlackBerry devices distributed by Asurion prior to November 1, 2009.

Consumers who received refurbished BlackBerry devices through Asurion prior to November 1, 2009 should immediately stop using the product and contact the company for a replacement product. Asurion is directly contacting known consumers with the affected batteries to notify them of this recall.

For more information on this recall, consumers should contact Asurion toll-free at (866) 384-9175 between 8 a.m. and 7 p.m. CT Monday through Friday, or visit the firm’s website at www.001batex.com.

]]>
Product Liability Attorneys: Parker Waichman LLP Can Help You http://www.yourlawyer.com/practice_area/product_liability Wed, 11 Aug 2010 00:00:00 -0400 http://www.yourlawyer.com/practice_area/product_liability When a Consumer Product Becomes a Liability
When a Consumer Product Becomes a Liability

When a Consumer Product Becomes a Liability

Every year, thousands of consumers sustain serious injuries from defective products. Our defective product lawyers have represented hundreds of plaintiffs in lawsuits against manufacturers and distributors of defective or unsafe consumer products, including automobile recalls, as well as tires, electronics, appliances and various household goods.

If a product you are using somehow injures you or causes you some other kind of harm, such as to your personal property, you may have a product liability claim. The range of defective product cases is broad, but claims typically fall into three categories:

  • defective manufacture;
  • faulty design;
  • failure to provide enough instruction on proper use of the product.

Products that are Defectively Manufactured

A defectively manufactured product is flawed due to an error that occurred during the actual manufacturing process at the factory. The injury or property damage this product causes is the result of a manufacturing defect.

Defective Designs are Sometimes to Blame

Defective design claims are the focus when a product is inherently dangerous, even if it has been manufactured precisely according to its specifications. A simple example would be an electric blanket that burns you if you turn it to the “high” setting.

The Lack of Precise Instructions Regarding a Product’s Use

The third type of product liability claim involves a failure to provide adequate warnings or instructions about the product's proper use. Claims of this sort typically involve a product that is dangerous in some way that's not obvious to the user or that requires the user to follow certain precautions or to apply unusual care while using it. An example of this would be cold medicine that doesn’t mention on its label that it may cause drowsiness or could have fatal consequences if mixed with something else, such as alcohol.

If you or a loved one have been adversely affected as a result of a defective or recalled product, you may have valuable legal rights. Parker Waichman LLP urges you to contact us by completing the form at right or calling us at 1-800-LAW-INFO (1-800-529-4636).

]]>