Posts Tagged ‘lawyer’
Child Passenger Safety Week: a Reminder Car Seats are Critical to Protecting Children
If you have children, your car probably has at least one car seat buckled in at all times. But when was the last time you checked its positioning or if your child is using the right model?
A good answer is right now. The National Highway Traffic Safety Administration (NHTSA) is observing Child Passenger Safety Week from Sept. 16 – 22. Sept. 22 is National Seat Check Saturday. Parents can click here and find a full list of sites throughout Massachusetts offering free car seat checks by certified and trained professionals.
The right car seat and positioning is critical because motor vehicle crashes are one of the leading causes of death among children ages 3 to 14. A car accident can come suddenly without warning and a child passenger safety seat is essential to keeping young passengers safe.
Child passenger seats are generally divided into four categories: infant carrier seats, rear-facing seats, forward-facing seats and booster seats.
All 50 states and the District of Columbia require child safety seats and all but two – Florida and South Dakota – require booster seats or similar devices for children who have outgrown safety seats.
The Massachusetts Child Passenger Safety Law requires all children riding in passenger motor vehicles be in a federally-approved child passenger restraint which is properly fastened and secured until they are 8 years old or over 57 inches tall. The number of children increased substantially with the passage of the Booster Seat Bill in 2008.
About Child Passenger Seats
Infant carrier seat. These are for children up to 1 year of age who weigh 20 pounds. The height limit is up to 26 pounds.
Rear-facing convertible seat. These are for children who are 6 months to 1+ year of age, who weigh under 30 pounds.
Forward-facing seat. These are for children over 1 year of age who weigh more than 20 pounds and under 40 pounds.
Booster seat. These are for children age 4 to 8. When students turn 8 and stand taller than 4 feet 9 inches, they can transition to a back seat belt. It is recommended children travel in the backseat wearing a seatbelt up until the age of 13.
Related:
- Enhanced Child Passenger Safety Law, Commonwealth of Massachusetts.
- State Child Passenger Safety Laws, Governors Highway Safety Association.
Defective Blind Xpress Window Blinds Recalled
The case of a young Michigan girl strangled to death in a vertical blind has prompted the recall of about 139,000 custom-made vertical window blinds and 315,000 horizontal products.
The Consumer Product Safety Commission (CPSC), in cooperation with Blind Xpress of Livonia, Michigan, announced the recall on September 6. The two-year-old girl from Commerce Township was reportedly strangled in the hanging loop of a Blind Xpress vertical blind cord in 2009.
The CPSC is recalling the defective window blinds because the design makes it easy for children to become entangled in the cord loop. Part of the problem is the custom vertical blind cords do not have a cord-tensioning device that attaches to the wall or floor. The horizontal blinds do not have inner cord stop devices.
The recall involves Blind Xpress blinds sold in specialty stores in Michigan, Ohio and Indiana from January 1995 through December 2011. The defective blinds were manufactured in the United States.
The CPSC urges consumers to immediately stop using the window blinds and contact the Window Covering Safety Council for a free repair kit. The toll-free number is 800-506-4636.
According to CPSC data, were 147 incidents involving children being injured or killed from 2004 to 2010 – or 21 per year.
The CPSC, industry and safety groups have made several efforts over the past couple decades, including recall/retrofit programs. The major push came in 2009, when after the death of 16 children, the industry recalled 55 million Roman Shades with exposed inner cords on the back of the shades.
The Parents for Windows Blind Safety, a non-profit organization which advocates for more stringent regulations, says the hazard lies with cords which stretch more than 7 1/4 inches. It proposes the window blind industry sell cordless blinds or those with inaccessible cords.
Related:
- Death of Child Prompts Recall of Window Blinds by Blind Xpress, Consumer Product Safety Commission.
- The History of Corded Window Covering Recalls, Parents for Window Blind Safety.
DePuy Hip Implant Cases Settled for $600,000
Johnson & Johnson has agreed to pay about $600,000 to resolve three product liability cases involving its DePuy hip implants, which were recalled in 2010 after hundreds of patient complaints and a study emerged revealing a substantial device failure rate.
The New Jersey-based company settled the cases of three women who had filed claims in a Las Vegas court. All three women had required a second hip revision surgery to treat and correct their pain. Each will receive about $200,000. The cases had been scheduled for trial Dec. 3.
The next three lawsuits involving defective DePuy hip implants are set for January in a Maryland state court.
In August 2010, Johnson & Johnson’s DePuy unit recalled 93,000 of its ASR hip implants globally and 37,000 in the United States. The recall was announced alongside results of a study from a UK joint replacement registry, which showed 12 percent of patients required a second revision surgery within five years. The Food and Drug Administration (FDA) also reported it had received about 400 complaints from patients in the two years prior.
Since the DePuy hip recall, more than 8,000 patients across the country have filed lawsuits against the medical device maker, alleging the ASR hips are defective. About 6,000 of these have filed in federal court.
Patients claim the DePuy metal-on-metal hip implants are defective, saying they caused friction between the metallic ball and socket components. The recalled DePuy hip implant can wear down and produce metallic particles in patients’ bloodstreams, along with pain, joint dislocations, infections and bone fractures.
Johnson & Johnson said it has spent about $800 million on the hip implant recall.
Related:
- J&J said to pay $600,000 to settle first suits over hips, Bloomberg Business Week.
- DePuy hip implant recall leads insurers to seek recovery, Massachusetts Injury Lawyer Blog.
Defective Drug Warning: Reumofan Diet Supplements
Those who take so-called “natural dietary supplements” want to listen to the Food and Drug Administration’s (FDA) latest alert on Reumofan Plus and Reumofan Plus Premium, which have now been linked to cases of death and stroke.
“Consumers who are currently taking Reumofan Plus or Reumofan Plus Premium, or who have recently stopped taking it, should immediately consult a health care professional,” said Elizabeth Miller, Pharm.D., acting director of FDA’s Division of Non-Prescription Drugs and Health Fraud.
The FDA issued its first alert on the dangers of Reumofan Plus on June 1, stating the drug had several active pharmaceutical ingredients not listed on the label. This week, the agency issued an updated alert for both the drug and Reumofan Plus Premium, saying it had since received reports of death, stroke and these symptoms:
- Severe bleeding in the gastrointestinal tract
- Dizziness
- Insomnia
- High blood sugar levels
- Problems with liver and kidney functions
- Corticosteroid withdrawal syndrome
These defective products are marketed as natural dietary supplements which treat arthritis, muscle pain, osteoporosis and bone cancer. If not properly supervised by a medical professional, those who stop taking the supplements can face serious withdrawal symptoms.
The defective drugs may contain corticosteroids and abrupt discontinuation can supress the adrenal glands, which regulate a number of hormone and body functions. Users could experience fatigue, low blood sugar levels, fainting and other symptoms.
The Reumofan products are manufactured in Mexico by Riger Naturals and sold on the Internet, flea markets and some retail outlets. The Mexican Ministry of Health has also issued a health warning to its citizens and ordered Riger Naturals to recall the products.
FDA testing of Reumofan Plus and Reumofan Plus Premium show they contain two ingredients which require prescriptions: diclofenac sodium and methocarbamol. Reumofan Plus also contained dexamethason, a type of corticosteroid.
The FDA offers consumers these tips for avoiding defective and dangerous drugs:
- Be wary of off-the-counter products which only have prescription counterparts.
- Be cautious when a label has a foreign language.
- Be aware that so-called “natural dietary supplements” are not subject to the same FDA pre-market review as prescription drugs and some over-the-counter drugs.
Related:
- Reumofan Products Pose Risk to Consumers, Food and Drug Administration.
- Dietary Supplements, Food and Drug Administration.
Recalled Heart Device and Similar Model Under FDA Watch
The Food and Drug Administration (FDA) has ordered St. Jude’s Medical to expand studies into Durata defibrillator leads, saying the heart devices are sufficiently similar to Riata leads, which were recalled last year. The agency is also seeking new data on Riata.
Defibrillators are implanted in patients with abnormal heart rhythms to regulate the heart beat. The medical devices are connected to the heart with leads. Riata was recalled because in some cases, wires were breaking through the insulation, which can potentially lead to a life-threatening abnormal heart rhythm.
A recent St. Jude study of 700 Riata patients found the defective wire broke through the insulation in about 19 percent of cases. A study led by a Minneapolis Heart Institute cardiologist has linked Riata leads to 20 deaths.
St. Jude, of St. Paul, Minnesota, pulled the defective Riata leads off the market in December 2010 and the FDA issued a medical device recall in late 2011. A 2011 count found 79,000 patients were still implanted with the Riata leads.
Responding to the FDA order, St. Jude said it is already collecting data on both Riata and Durata. The company stated the medical devices are different in design and a new coating meant to protect the insulation.
The FDA’s orders include routine X-rays for patients enrolled in post-market Durata studies to identify any insulation problems. St. Jude must also perform X-rays in a three-year post-market study on the defective Riata leads. The goal is to detect extruded leads which are floating loose in the heart.
Surgery to remove extruded leads can be dangerous. St. Jude says many patients live with the loose wires and continue to function normally. The FDA has advised doctors to closely monitor patients.
Related:
- FDA Orders Review of Heart Devices, The Wall Street Journal.
- Riata patients should get X-rays, FDA says, Star Tribune.
- Doctors grapple with FDA advice for troubled heart wire, Fox News.com.
Dog Attacks: Pit Bull Ordinances Nullified Under New State Law
State lawmakers have handed cities and towns with pit bull ordinances a set back after passing a new animal control law which says no regulation may be specific to breed.
Boston, Lowell and Worcester are among the Massachusetts communities which have implemented pit bull ordinances in the past 10 years. None of the communities will be grandfathered under the legislation, “An Act Further Regulating Animal Control.” Gov. Deval Patrick signed the bill into law Aug. 2 and it takes effect Oct. 31.
Boston enacted its pit bull ordinance in 2004 and it serves as the model for many other local communities seeking to reduce dog bites and attacks. The ordinance states dogs must be muzzled outside the owner’s private home, apartment and car. All dogs in Boston are required to be leashed off their owner’s property.
Under the pit bull ordinance, the owner must post a sign alerting the public and guests that there is a pit bull on the premises. Additionally, a dog owner may not register or keep more than two pit bulls.
If the pit bull owner is renting an apartment, the landlord must sign off written permission, which must then be presented to the city’s Animal Control Officer.
Worcester and Lowell have similar ordinances to prevent dog bites and attacks, but they also require pit bulls be spayed and neutered. Lowell’s ordinance began in July 2011, according to the Lowell Sun. Local law enforcement is still assessing the impact. But one visible change is more pit bull owners are registering their animals with the city. In the last six months of 2011, 30 pit bulls were registered with the city, according to the city clerk. In 2012, 56 pit bulls have been registered.
Worcester officials report the opposite since their ordinance took effect on April 1, 2011, according to the Telegram & Gazette. The Worcester city clerk’s office reports in 2012, there were 221 licensed pit bulls in the city and an estimated 275 unlicensed. The number of registered pit bulls now stands at fewer than 70.
The city is still awaiting figures on recent dog attacks. But it implemented the law after a surge in dog attacks and figures which showed more than half involved pit bull attacks.
From Sept. 30, 2008 to Sept. 30, 2009, the city received 55 complaints of dog attacks or fear of a dog attack; 29 involved pit bulls. Police department figures further showed pit bulls were involved in 25 percent of the city’s dog bites over a two-year period.
The new state law also includes other changes to animal control regulations, including providing standards for how police chiefs handle dogs deemed dangerous and establishes a Homeless Animal Prevention and Care Fund, which will be funded by voluntary donations on state tax returns.
Related:
Worcester pit bull regulations nullified, Telegram & Gazette.
New state law could maul Lowell’s pit-bull ordinance, Lowell Sun.
Bill S.2192, An Act further regulating animal control.
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Defective Dehumidifiers Recalled by Sears and Kmart
Sears, Roebuck and Co. and Kmart Corp. have issued a large product recall for dehumidifiers which can overheat, smoke, melt and catch on fire.
The voluntary recall, issued in cooperation with the Consumer Product Safety Commission (CPSC), is for 795,000 Kenmore Dehumidifiers. The devices were manufactured by LG Electronics (TIanjin) Appliance Co. Ltd., of Tianjin, China.
There have been 107 reports of incidents involving injury, including three cases of smoke inhalation. The humidifiers have caused more than $7 million in property damage.
The product recall covers 35-, 50- and 70-pint dehumidifiers which were manufactured between 2003 and 2005. They were sold at Sears and Kmart stores nationwide as well as the stores’ websites from 2003 to 2009 for between $140 and $220.
If you suspect you have a defective device, click the link below to see if your product model number is on the list and how to contact the store. Consumers who own a defective device are advised to immediately stop using it and unplug it. They will be compensated with a gift card which can be used at Sears or Kmart, as well as with a $25 coupon to purchase a new device at Sears.
LG Electronics Tianjin Appliance Co. issued another dehumidifier recall in 2009 and again in 2011 for 98,000 units. The Goldstar and Comfort-Aire dehumidifiers had a power connector which could short circuit, posing a fire risk. The company issued that recall after receiving 11 reports of property damage totaling more than $1 million. A Hudson, Mass. sustained $183,000 in damage from one of the defective dehumidifiers.
Those dehumidifiers were sold at The Home Depot, Walmart and Heat Controller Inc. nationwide from January 2007 and June 2008. In that case, consumers were advised to stop using the defective products and contact LG to arrange a free repair at an authorized service center.
Related:
Sears Recalls Kenmore Dehumidifiers Due to Fire and Burn Hazards, Consumer Product Safety Commission.
Dehumidifiers Recalled by LG Electronics Tianjin Appliance Due to Fire and Burn Hazards, Consumer Product Safety Commission.
Consumer Product Safety Commission.
Product Liability, Breakstone, White & Gluck.
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Product Liability: Magnet Desk Toy is Children’s Choking Hazard
The Consumer Product Safety Commission (CPSC) has taken a rare legal action seeking to stop sales of a magnet desk toy, alleging children are swallowing the pieces, then suffering serious injuries requiring surgery.
The CPSC filed an administrative complaint on July 25 against Maxfield & Oberton Holdings LLC, of New York, N.Y., the maker of Buckyballs and Buckycubes. The government agency and company failed to agree on the CPSC’s proposed voluntary recall plan for the magnet sets with 216 units.
The CPSC alleges the popular desk furnishing contains a defect in design, packaging, warnings and instructions. It wants the company to stop selling the defective product, notify the public about potential for injury and offer consumers a full refund. It is the CPSC’s second time taking this type of legal action in 11 years.
The CPSC is intervening after receiving more than two dozen of reports young children and teenagers have swallowed the magnets, requiring surgery. At least a dozen involved Buckyballs.
When two or more magnets are swallowed, they can move toward each other through the stomach and intestinal walls, resulting in serious injuries such as holes in the stomach, intestinal blockage, blood poisoning and possible wrongful death.
The CPSC reports young children are removing the magnets from the kits and placing them in their mouth. Meanwhile, older children and teenagers have unintentionally swallowed the magnets while placing them in their mouths to mimic having a tongue ring.
At least 10 retailers, including Amazon.com, have agreed to stop selling the defective product. EBay is also removing these listings from its online marketplace.
In May 2010, the CPSC and Max & Oberton conducted a cooperative recall of about 175,000 Buckyball magnet sets for mislabeling. The toys were labeled “Ages 13+” and did not meet the federal toy standard that loose magnets not be sold for children younger than 14. Injury reports preceded and followed the notice.
In November 2011, the CPSC and Max & Oberton worked cooperatively to warn about the dangers that could occur, but injuries continued, leading to the CPSC’s latest action. The CPSC now says a recall is necessary because all these prior steps have been ineffective.
Related:
- CPSC Sues Maxfield & Oberton Over Hazardous Buckyballs and Buckycube Desk Toys, Consumer Product Safety Commission.
- Feds file suit against Buckyballs, retailers ban product, USA Today.
Boston’s Hubway Bike Share Expanding into Cambridge
Boston’s Hubway bike share program is about to push beyond city limits, with an expansion over the Charles River into Cambridge and other communities starting as early as this week.
The Boston Globe reports the first of 24 new bike kiosks may start arriving in Cambridge this week and should operational by the second week in August. Somerville is slated to receive 12 stations with four planned in Brookline. The city of Boston launched the program in the summer of 2011. It now has 600 bikes for 61 stations and will add 11 new stations. With the expansion, the Boston region will have more than 1,000 public bikes available, The Boston Herald reported.
In Cambridge and Somerville, bike stations will be added at major squares and areas in between. In Brookline, new stations are coming to Coolidge Corner, Town Hall and the Brookline Village MBTA stop.
In Boston, new stations will be placed in Allston, Charlestown, Dorchester and Roxbury. Next year, Hubway may expand into Jamaica Plain, as well as Newton and Arlington, officials told The Boston Herald.
The expansion comes after a first year in which Hubway exceeded all expectations. It has seen twice as many trips and paid subscribers as planned. Over 360,000 individual bike trips have been taken since its start and this summer, tourists and commuters are taking about 2,000 bike trips per day.
The program is operated by Alta Bicycle Share in partnership with Boston Bikes, an initiative of the City of Boston. It is partially funded by the Federal Transit Administration. Outside Boston, each community and Alta Bicycle Share work together on securing grants and sponsorships to fund each bike station, which can cost $50,000.
The program offers Annual Membership for three seasons, which can be purchased online for $85. These members receive a key to unlock bikes for use. Rides under 30 minutes are covered under the membership fee; longer rides incur additional fees. Others can purchase short-term Access Passes for 24 hours or three days.
The Hubway reported few bike accidents resulting in injury during its first year. The program reported no bike accidents requiring ambulance response and only two bike accidents overall. The program’s contract requires riders to wear helmets to protect themselves in bike accidents. It encourages this by making helmets available for purchase when you buy a membership. It also has a network of retailers throughout the city who offer discounted memberships.
Related:
- Hubway, turning 1, is about to expand, The Boston Globe.
- Hubway expansion to bring another 400 bikes to roads, The Boston Herald.
- The Hubway.
- What to know about cycling in Boston, Breakstone, White & Gluck.
Drownings Claim 90 Children in U.S. Since Memorial Day
The Consumer Product Safety Commission (CPSC) reports pool drownings have claimed the lives of 90 children in the U.S. since Memorial Day, a sober reminder for parents and caregivers to review how they are protecting their youth.
These figures were released for Pool Safely Day, an event being observed nationwide this week, from July 22 to July 29, 2012. In Massachusetts, the South Shore YMCA in Quincy and the Boys & Girls Club of Taunton were scheduled to host educational events.
The CPSC reported 90 children under age 15 have suffered swimming pool drownings and an additional 106 children in the same age category have required emergency response for near-drowning incidents at pools. The figures were released by the CPSC’s Pool Safely: Simple Steps Save Lives campaign.
The figures show younger children are most vulnerable, with 72 percent of the drowning victims younger than 5 years old.
Texas saw 13 drownings, the highest number nationwide through the mid-summer report, with California, New York, North Carolina, Ohio and Pennsylvania each reporting 5 swimming pool drownings.
Parents should make sure their children have taken swimming lessons and instruct them on ways to protect themselves, such as to stay away from pool drains, pipes and other openings; stay in certain areas of the pool and only use diving boards after asking parents. Children 13 and older should also be trained in CPR.
Parents and caregivers should also:
- Stay close and alert when watching children in and around the pool.
- Never leave children unattended.
- Learn CPR.
- If you own a pool or spa, make sure it has appropriate safety equipment. At pools, that includes fencing, a lockable safety cover, drain covers which match federal requirements, life rings and a reaching pool. Spas should have lockable covers for when not in use.
Click here for a full list of pool safety tips from the Boston personal injury lawyers at Breakstone, White & Gluck of Massachusetts.
Related:
- Midsummer Drowning Checkup: 90 Child Drownings Nationwide since Memorial Day, Consumer Product Safety Commission.
- Swimming Pool Accidents, Breakstone, White & Gluck.
- Pool Safely website.
- Virginia Graeme Baker Pool & Spa Safety Act, Pool Safely.