Products Liability
Products Recalled to Protect Children
The U.S. Consumer Product Safety Commission (CPSC) and two companies have issued widespread recalls of defective products that pose a safety hazard to children.
In the first case, Lowe’s has recalled 11 million Roman shades and roll-up blinds. The move is part of a farther-reaching recall that began in December 2009 and has so far involved 25 retailers. Lowe’s sold the largest number of blinds and shades, followed by Ikea. Walmart, JCPenney, Ethan Allen and Jo-Anne Fabric and Craft Stores also sold significant quantities.
The Roman shades and blinds were sold between 1999 and January 2005. Both products can cause strangulation because a child playing could become entangled in the cords and the fabric or plastic blinds.
The recall began after the CPSC learned about two incidents of children who became entangled in the Roman shade’s cord. Neither suffered personal injury. But after the recall was initiated, another 4-year-old boy did suffer personal injury, including rope burn to his neck after getting caught in the cord.
No incidents of personal injury have been reported for the roll-up blinds from this particular store.
Consumers should stop using the shades and contact the Window Covering Safety Council for free repair kits at 800-506-4636.
The CPSC has received five reports of wrongful deaths and 16 near strangulations in Roman shades since 2006. It has received three reports of accidents leading to deaths in roll-up blinds since 2001. The commission recommends consumers use cordless blinds and shades in homes where children visit. If your blinds and shades have cords, keep them inaccessible and install tension devices.
The other product recalled was The First Years American Red Cross Cabinet Swing Locks. About 41,300 locks were sold at Toys R Us, Babies R Us and other retailers.
The locks were designed to keep children from accessing cabinets.
But The First Years company received seven reports of latches breaking. Consumers should stop using the locks immediately and contact the company to obtain a coupon toward purchase of another product. Visit this link for more information.
Read More
Don’t Buy Your Children These Toys This Holiday
Thanksgiving is just a week away and that means the holiday shopping season is almost upon us. If you are shopping for children, we want to help you make safe buying decisions to avoid injuries to your children.
Here is the 2010 “10 Worst Toys” list, published by W.A.T.C.H. This year’s list showcases toys that cause potential eye injuries, choking and even death.
- Spy Gear Split-Blaster
- Supasplat Splatbaster
- Buzz Magnets
- Kung Fu Panda Sword of Heroes
- Ballzillion Tug Boat Play Center
- My First Mini Cycle
- Pull Along Caterpillar
- Animal Alley Pony
- Big Bang Rocket
- Walkaroo II Aluminum Stilts
There are some other toys you may want to keep off your shopping list. They pose no safety hazard, but we believe they demonstrate bad taste and inappropriate marketing ideas.
Here is this year’s “10 Controversial Toys That Won’t Be On This Year’s Wish Lists,” published by Wallettop.com:
- Oreo Barbie
- Terrorist figurine
- Play-Doh Drill ‘n Fill Playset
- My Cleaning Trolley
- Harry Potter and the Vibrating Broom
- Breast-Feeding Doll
- Airport Security Play Set
- Mommy’s Boob Job
- Mattel’s American Girl Homeless Girl
- “Crazy For You” Teddy Bear
The personal injury lawyers at Breakstone, White & Gluck wish you a happy and safe holiday shopping season!
For more information on toy safety, read this report from the American Association for Justice.
Advice for Patients with Defective DePuy Hip Prostheses
DePuy Orthopedics, a division of Johnson & Johnson, has recalled the ASR XL Acetabular System, a prosthesis used in total hip replacements. Approximately 93,000 of the defective prostheses have been implanted. The failure rate is extraordinarily high because of the metal-on-metal surface, which releases microscopic metal particles into the body. Some patients have had reactions to these particles, such as pain, swelling, and loosening of the prosthesis.
Now DePuy Orthopedics is trying to gather evidence directly from physicians about their patients. Physicians are being asked to obtain medical authorizations from their patients which will allow the physicians to release medical information directly to the manufacturer of the defective product.
If you have a DePuy prostheses, we recommend that you not authorize the release of your medical records to DePuy. Instead, you should consult with a competent attorney who can advise you as to your rights and as to the best course of action before releasing any information.
If you are planning to have an operation to replace a defective DePuy hip prosthesis, you should make sure that the device is preserved as evidence. You should ask for and obtain the device from the hospital. If they refuse to give it to you, you should ensure that they preserve it for future inspection and analysis.
If you are asked to give a blood sample to the device manufacturer, you should probably decline. If your physician asks for a blood sample to determine whether or not you have metallic particles in your blood, you should certainly comply as that is in your medical best interest.
In summary, if you think you may have a defective DePuy hip prosthesis the first thing you should do is consult your orthopedic surgeon. The next thing you should do is retain an experienced and qualified product liability attorney to advise you as to your rights to recover for your injuries associated with this device. You should avoid direct contact with the manufacturer or their representatives. An experienced attorney will be able to best assist you with not only obtaining the best possible medical care but also will ensure that all of your rights to possible compensation are protected.
The lawyers at Breakstone, White & Gluck, P.C. of Boston have over 75 years of combined experience representing individuals who have been injured by defective medical devices and medical malpractice. If you have questions about your potential rights, please feel free to call Breakstone, White & Gluck for a free consultation at 800-379-1244.
For more information regarding the DePuy recall, read our previous blog.
Car Care Month Time to Check Your Car For Safety
October is a month to enjoy the fall foliage and help young children choose their Halloween costumes. But it is also a good time to prepare your car for the harsh winter driving that lies ahead.
The nation’s largest auto club AAA observes October as Car Care Month, giving all drivers reason to check their automobiles for safety. If you are a AAA club member, this means you are eligible for a $1 visual inspection at a local AAA location. On Saturday, Oct. 16, members can visit the Franklin, Rockland or Newton AAA offices for an inspection. On Saturday, Oct. 23, visual inspections will be offered in Saugus. Click here for a $1 coupon.
AAA club members can also prepare for winter with a free car battery test. Click here for those locations.
If you do not belong to an auto club, winter is the time to consider joining one. Another sound practice is to carry a cell phone with you while driving in case you breakdown or have a car accident and have to call the police, an auto club or family member for help.
In a year of car recalls, you may also want to check whether your car has been involved in a safety recall. The manufacturer should have notified you of any recalls. But if you are concerned about a smaller recall that may have slipped your attention, contact your local car dealer or visit www.recalls.gov/.
Our last suggestion is to put together a car safety kit should you ever get stuck on the roadway or in a car accident. Here are some things to include:
- First aid kit
- 12-foot jumper cables
- Four 15-minute roadside flares
- Colored safety vest to wear in case of breakdown
- Extra fuses
- Flashlight and extra batteries
- Tool kit with screwdrivers, pliers and adjustable wrench
- Tire inflator (such as a Fix-A-Flat)
- Tire pressure gauge
- Rags
- Roll of paper towels and duct tape
- Pocketknife
- Ice scraper
- Pen and paper
- Help sign
If you have an accident, remember to record all relevant information, including the name, address, license number of the other driver, the model and registration of any vehicles; and the names, addresses and phone numbers of any witnesses.
Read More
Fisher-Price Recall Hits Parents, Children Hard
In the year’s largest recall, Fisher-Price has pulled more than 11 million children’s bikes, high chairs and other toys from the shelves. The recall impacts consumers in the United States and Canada. Parents in the two countries are asked to check their homes and immediately stop using any products on the recall list.
The Fisher-Price recall included nearly 50 types of products, including over 7 million tricycles such as the Hot Wheels Trike and the Barbie Butterfly Trike. These toys have a protruding part that can cut children. The company received 10 reports of children being injured.
A million high chairs sold under 23 different names were recalled. The high chairs can cut children on the legs. Seven children required stitches.
The Fisher-Price recall also included 2.8 million infant toys with inflatable balls. The balls have a valve that easily comes off and poses a choking hazard. Also recalled for creating a choking hazard were 120,000 car toys with small plastic wheels that easily come off.
For a full list of recalled toys, click here. Consumers impacted can contact the company’s recall information web page.
Fisher-Price, based in East Aurora, New York, is owned by Mattel, of El Segundo, California. The company recalled the toys voluntarily in partnership with the Consumer Product Safety Commission and Health Canada.
The Fisher-Price recall is a reminder parents need to test toys themselves and watch their children while playing. For infants and younger children, one way to judge whether a toy is a choking hazard is to take a toilet paper roll. Hold the toy or toy piece up to the toilet paper roll. If it’s small enough to slide through, it poses a hazard for your young child.
Read More
FDA Considers Banning Diet Pill Meridia
The Food and Drug Administration (FDA) is now weighing whether to ban the diet pill Meridia following a split vote by its advisory panel.
The panel voted 8-8 on Sept. 15. Half the members voted to continue marketing the drug, which a study has shown increases risk for heart attacks and strokes. Half the panel voted to remove it from the shelves. European regulators banned the drug in January, but the FDA had wanted input from its advisory panel before acting.
Meridia is produced by Abbott Laboratories and has been on the market since 1997. Data released in November 2009 shows that when patients with heart disease took Meridia, they had a more than 11 percent risk of cardiovascular risks, compared with 10 percent taking a placebo. The study included 10,000 patients.
Meridia is one of only three prescription pills currently approved for weight loss. Many say the marginal benefits are not worth the risk. Among study participants, the average patient lost five pounds and 30 percent kept the weight off.
“We do make the assumption that weight loss is beneficial and that translates into clinical benefits, but we’re not presented with those here,” said Dr. Katherine Flegal of the Centers for Disease Control and Prevention. “On the whole, there are not the benefits that justify the risks.”
Prescriptions of Meridia have declined in recent years. About 283,000 Meridia prescriptions were filled in the U.S. last year, just more than half the number in 2005.
To read more about the Meridia product ban discussion, click here.
Read More
DePuy Orthopaedics Recalls Hip Implants–Massachusetts Patients Affected by Defective Product
The DePuy Orthopaedics unit of Johnson & Johnson has recalled two types of hip implants that have failed one in eight patients and required a second surgery within five years. The standard hip implant lasts for 15 years.
DePuy recalled its ASR XL Acetabular System, a traditional hip implant procedure, and the ASR Hip Resurfacing System last week. Only the traditional hip implant procedure is available in the United States. About 93,000 DePuy devices have been implanted worldwide.
The recall was issued because of friction between the implant’s metal components. The friction generates metal ions which affect the healing of the joint in some people. The device is also difficult for surgeons to properly implant in the precise location.
In the past two years, the Food and Drug Administration has received about 400 complaints about DePuy hip implants.
The product recall is the latest in a series for Johnson & Johnson, which has pulled Tylenol and Acuvue contact lenses from shelves in recent months. The Tylenol recall is the subject of a federal inquiry over the company’s handling of over-the-counter product recalls.
If you have a DePuy hip implant, it is important you consult your surgeon. To find out what to expect, visit the Breakstone, White & Gluck website.
Keeping Kids Safe from Motor Vehicles in Warm Weather
For young children, summer is about warm weather, splashing around the pool and family daytrips. These activities often involve a motor vehicle and that, combined with a change in routine during which people may drop their guard, may present dangers. The key is for parents to educate themselves about potential motor vehicle accidents, then actively pay attention.
Hyperthermia and Heat Stroke
With many things on their minds, parents can quickly forget a child who is usually in school is in the backseat. Parents need to be extra careful in the summer not to leave children in the car unattended and should also avoid it in the cooler months.
If the outside temperature is 80 degrees, the temperature inside a vehicle can reach the 100 degree mark within minutes. The National Highway Transportation Safety Administration advises that even temperatures in the 60s can rise beyond 100 inside your closed-up car. Children’s bodies overheat much faster than adults and leaving the window open a small amount may not be enough.
Avoid leaving your child in the car unattended by placing your purse or briefcase in the backseat with your child. Also try writing yourself a note and placing it where you will see it when exiting the vehicle. At home, keep your keys out of your child’s reach.
Power Windows
Most new cars are built with power windows, a feature great for convenience but potentially dangerous for children.
Implementing strong rules protects your children. Never allow your children to be alone in your vehicle. Teach children not to play with automobile window switches. For your part, never leave the keys in the ignition when you are not there. Before purchasing, investigate vehicles with safeguards, such as power windows that automatically go down when a child’s arm gets in the way.
Motor Vehicle Backovers
Adults pulling vehicles out of driveways always need to watch for young children. But the need is greatest in the warm weather when children spend more time outdoors.
Parents and drivers must both work to keep children safe. If you are a parent, keep a close eye on your children. Teach them not to play around cars and to move away when a driver enters a vehicle to avoid a motor vehicle accident. Teach children not to leave their toys in the driveway. Drivers can back out of their driveways slowly and ask children to stand on the sidewalk.
Trunk Accidents
Children love to play and that sometimes leads them to the danger of a vehicle trunk. Because this can be deadly, parents must watch youngsters closely and teach children trunks are for cargo, not for playing.
Always lock car doors and trunks and keep keys out of sight. Keep the rear fold-down seats closed or locked to prevent your children from climbing.
Lastly, explain the dangers of playing in the trunk and show young children how to use the “glow in the dark” trunk release in case of emergency. Auto manufacturers have been required to install these releases in new vehicles since September 2001. If you have an older car, ask your local car dealer about retrofitting your vehicle with the release.
For more tips on children and motor vehicle safety, visit the National Highway Traffic Safety Administration website.
Read More
Honda Recalls 384,000 Vehicles for Faulty Ignition Interlocks
Honda has recalled 384,000 vehicles for faulty ignition interlocks that allow drivers to shut off the engine and remove their keys before placing the vehicle into park.
The motor vehicle recall follows at least 28 complaints, 10 of which allege rollaway motor vehicle crashes. In one case, a female owner said she was almost into her house when she noticed her car rolling out of the garage. The car crashed into a cable box at the end of the driveway. In another case, an owner stated the vehicle rolled out of a driveway and crashed into a tree across the street.
One complaint involved a minor injury, Honda said in a statement.
The product recall announced last week involves 197,000 Accords and 117,000 Civics from 2003 and 69,000 Honda Elements from 2003-2004.
Honda has recalled vehicles for similar problems in 2003 and 2005. In those cases, the recalls involved Accords, Odysseys, Acuras and Preludes.
If your vehicle is involved in the Honda recall, you can visit the company’s recall website at www.recalls.honda.com or call its recall center at 800-999-1009, option 4. By calling the recall center, you can determine if your vehicle is actually impacted by the recall. Due to a production change during the model years, Honda said some of the vehicles may not have the ignition problem.
Honda expects to mail recall notices in late September and start the process of repairing vehicles. Motor vehicle repairs will be free.
Until then, concerned drivers may contact their local dealer, but Honda said they have not received replacement parts yet.
To read a Christian Science Monitor article about the recall, click here.
To read the National Highway Transportation Safety Administration alert on the recall, click here.
To read Honda’s statement on the recall, click here.
Read More
Massachusetts Law Bans Highly-Flammable Floor Sealer
Massachusetts has banned the commercial use and sale of lacquer sealer, a highly flammable wood floor finishing product linked to deadly home fires.
Gov. Deval Patrick signed the safety bill into law this week. The bill had strong support from MassCOSH (the Massachusetts Coalition for Occupational Safety and Health), which convened a Floor Finishing Safety Task Force to investigate the problem.
The task force was convened after a 2004 house fire in Somerville claimed the lives of two Vietnamese floor sanders and burned their co-workers. Shortly after, a Vietnamese flooring contractor died in a Hull house fire. Both fires involved the use of lacquer sealer used in floor finishing.
“This groundbreaking law will save lives and end floor finishing fires that have caused so much pain and destruction,” said Marcy Goldstein-Gelb, executive director of MassCOSH. “We owe a great deal of thanks to the Governor and Legislature for recognizing these grave dangers and taking action to protect workers and residents.”
Following the three fatal fires, the Floor Finishing Safety Task Force issued a 2005 report stating Boston had seen 25 fires involving lacquer sealer over the 10 previous years and Needham had seen two in the prior year that threatened worker safety.
In the 2005 report, the task force recommended the state promote use of non-flammable water-based finishers to protect Massachusetts worker safety and prevent worker deaths.
The task force observed the problem of flammable lacquer sealer was targeting Massachusetts’ Vietnamese community, which has a large concentration of workers in the floor finishing industry.
The bill proposing the ban was jointly filed by state Rep. Martin Walsh and Sen. Patricia Jehlen.
Breakstone, White & Gluck of Boston is a supporter of MassCOSH and its work to protect Massachusetts construction workers and other employees.
To learn more, visit the MassCOSH website.
Read More