Los Angeles Personal Injury Lawyer - Defective & Dangerous Products

Maclaren Stroller Defect Went Unfixed for Five Years

Paul Kiesel — Thu, 19 Nov 2009 19:15:53 GMT

Maclaren knew for at least five years that its strollers could lop off a child's finger, but did nothing about the dangerous defect until federal regulators all but forced it to, The Post has learned.

This week, the company agreed to a "voluntary recall" of all its models sold as far back as 1999, conceding that the fingers of 12 children were severed by the stroller's hinges when they were opened or closed.

But since Maclaren failed to notify the Consumer Products Safety Commission when it first became aware of even a "potential danger," the British-based company could still face a fine of $1 million or more, sources said.

Companies are required by federal law to "report to CPSC immediately on learning of a problem with a product that makes it a substantial hazard or poses a potential hazard," commission spokesman Scott Wolfson said.

The company has known the stroller hinges could become finger guillotines since at least July 12, 2004, when 23-month-old Connecticut toddler Carlos DeWinter lost his right pinky, according to court papers obtained by The Post.

His mother, Jane DeWinter, was shopping for a Maclaren Triumph stroller at a Right Start shop near her Greenwich home, and she was testing the one-handed folding and unfolding mechanism.

As she was about to lock the stroller into the open position, Carlos put his finger on the hinge, and he suffered a "traumatic amputation," the court papers said.

Despite two surgeries, the pinky could not be reattached.

Maclaren and Right Start argued that the mother's "own negligence" was to blame, the suit says.

Click here for the rest of the article.

Originally posted at InjuryBoard by Paul Kiesel

Procter & Gamble Says Mouthwash Product Kills Germs and Creates the Appearance of Brown Stains on Teeth?

Paul Kiesel — Fri, 07 Aug 2009 18:24:59 GMT

This sounds like a terrible product: Crest Pro-Health mouthwash. Also, one would think that P&G's spokesperson would be better off not promoting the mouthwash's brown-staining effect on teeth. It's something to consider in the future when, naturally, another product of theirs doesn't deliver on its label's promise.

From the Associated Press:

DETROIT — A lawyer seeking fresh breath says he got brown stains instead.

Mark Rossman of suburban Detroit is suing Procter & Gamble Co., saying his teeth have stains on the edges after he used Crest Pro-Health mouthwash.

"My wife asked me, 'What's on your teeth?'" he said Thursday after his partners in Troy filed a lawsuit in federal court in Detroit. "I flossed, brushed — it wouldn't come off.

"I didn't even think of the mouthwash until I did some Internet research and saw complaints," Rossman, 34, said.

A P&G spokeswoman, Laura Brinker, declined to comment on the lawsuit but said "99.9 percent" of users have not complained.

"We stand behind our product," she said. "Tooth discoloration is a very complex matter and is influenced by many different things."

Click here for the rest of the article.

Originally posted at InjuryBoard by Paul Kiesel

California Closer to Banning BPA in Plastics

Paul Kiesel — Tue, 02 Jun 2009 18:40:32 GMT

From the Los Angeles Times:

Reporting from Sacramento -- Despite a fierce lobbying effort by the U.S. chemical industry, the state Senate narrowly approved a proposal Tuesday that would ban the use of a substance in baby bottles, toddler sippy cups and food containers that independent scientists say is a threat to childhood development.

The bill by state Sen. Fran Pavley (D-Agoura Hills) prohibiting the use of bisphenol A -- more commonly dubbed BPA -- now goes to the Assembly, where it is expected to face a wall of resistance from manufacturers of the infant products that contain the controversial chemical.

Industry leaders have targeted California for an orchestrated lobbying and grassroots PR campaign to turn back efforts by health and consumer groups to ban the use of the chemical, a component in the manufacture of plastic containers.

Researchers from the chemical industry say the public health threat has been vastly overblown. But more than 200 independent scientific studies have linked BPA to brain development and behavioral problems in young children, early puberty and the eventual onset of some types of cancer. Scientists say the chemical can leach into a liquid, particularly when a bottle or cup is heated.

Pavley said on the floor that the goal of her legislation is to protect "the most vulnerable," stressing that affordable alternatives are already available to the chemical industry.

"For each year we delay, 500,000 babies are born in California" who could be affected, she declared.

The measure squeaked through with a bar majority largely on partisan lines, 21-16, though two Democrats -- Sens. Ron Calderon (D-Montebello) and Gloria Negrete McLeod (D-Chino) voted with the Republicans.

Sen. George Runner (R-Lancaster) said the measure is a "knee jerk reaction" that sidesteps efforts the state undertook just last year to more fully study the effects of potential chemical threats before adopting blanket bans.

BPA has been used since the 1950s as an additive to give plastics more strength and is common in hundreds of household products, including plastic bottles and food containers. It is also used in the linings of canned goods such as soup, baby formula and fruits or vegetables.

Originally posted at InjuryBoard by Paul Kiesel

Paralyzed Woman Gets $82.6 Million From Ford

Lance Rubin — Wed, 12 Mar 2008 10:06:09 GMT

Benetta Buell-Wilson was in her Ford Explorer when the SUV fishtailed then rolled over four times. Now the mother of two is paralyzed. Her lawyers went to court and sued Ford. The jury awarded her $368 million, much of it in "punitive" damages -- damages that are meant to punish Ford for their bad business practices and ignoring their own testing that showed their SUVs, particularly the Explorers, tend to roll over because they have a high center of gravity. The courts later reduced that award to $82.6 million dollars.

the sport utility vehicle rolled four times before coming to rest on its roof. At trial, Buell-Wilson's lawyers argued that the Explorer's design defects were derived from Ford's rollover-prone Bronco II, but management ignored the risks.

Ford routinely ignored thier own in-house tests that showed how dangerous their SUVs were. Many people have been killed or seriously injured as a result of roll-over injuries in Ford SUVs, especially the Explorer.

Right now, Kiesel Boucher Larson LLP is reprsenting a mother whose 22 year old son was killed when the Ford SUV he was riding in rolled over after a tire failed. Another woman in the car was paralyzed. Cases against Ford, claiming that their product was defective, are very difficult to prosecute. If you or a loved one was injured in this type of accident, make sure your lawyer has experience with these types of cases.

Originally posted at InjuryBoard by Lance Rubin

$11 Million Awarded in Defective Seatbelt Case

Miriam Schimmel — Wed, 27 Feb 2008 13:32:48 GMT

Mitsubishi was found liabile this week for a defective seatbelt which caused the death of a 25 year old passenger in a Montero SUV.

Car manufacturer Mitsubishi was ordered by a West Palm Beach, Florida court to pay $11 million to a couple whose 25 year old son died in a crash when the Montero SUV he was riding in rolled over. Of that amount, $10 million was awarded for pain and suffering over the loss of the couple's son. The victim, a passenger in the vehicle, was partially ejected backward through the rear of the vehicle during the impact, despite the fact that he was wearing his seatbelt at the time of the accident.

The plaintiffs argued that the seatbelt the victim was wearing was defective, and that Mitsubishi knew that there were problems with the seat belt, but still allowed the vehicle to remain on the market with the defective seatbelt uncorrected. Plaintiffs also showed the jury that Mitsubishi released a new version of the Montero mid-year in 2000, which corrected the subject flaws in the Montero models going forward thereafter, but that Mitsubishi never corrected the flaws in the earlier models.

The Defendant denied that the seatbelt was defective and argued that the mid-year model was released after the front structure had been redesigned. However, Mitsubishi was embroiled in scandal in 2000 when, after dozens of accidents were reported, the company hid other defects in its automobiles and secretly repaired them without issuing any formal recalls.

Automobile defects are often found to be the cause of death or injury in traffic accidents. If you or your family member has suffered catastrophic loss from a suspected defect in a vehicle, Kiesel, Boucher & Larson LLP can assist you in exploring your legal options.

Originally posted at InjuryBoard by Miriam Schimmel

143 Million Pounds of Frozen Beef Recalled

Jenny Albano — Sun, 17 Feb 2008 20:57:35 GMT

On Sunday, February 17, the U.S. Dept. of Agriculture recalled 143 million pounds of frozen beef form a slaughterhouse in Southern California that is being investigated for mistreating the cattle. This recall is the largest beef recall in the U.S. since 1999.

The recall affects beef from Chino-based Westland/Hallmark Agency dating to February 1, 2006. This company supplies meat for the federal school lunch programs and to some fast-food restaurants.

According to the agency, Westland/Hallmark did not always contact veterinarians when the cattle became ambulatory after passing inspection. Not contacting a veterinarian is a violation of health regulations and because the cattle did not receive proper inspection the beef had to be recalled.

Federal officials suspended operations at Westland/Hallmark after an undercover video surfaced showing crippled and sick animals being shoved with forklifts. Two former employees were charged Friday with animal cruelty. No charges have been filed against Westland, but an investigation by federal authorities continues.

So far there have not been any illnesses reported to the FDA or Westland from the recalled beef. The FDA believes that 37 million pounds of the beef went to school pograms, but most has probably already been consumed. Officials also do not think that the beef is contaminated and will cause a health hazard, but they had to coordinate a recall because of the mistreated cattle.

Originally posted at InjuryBoard by Jenny Albano

Possible Problems Found In Blood Thinning Drug Heparin Highlight FDA's Inability to Protect You

Michael Eyerly — Fri, 15 Feb 2008 18:08:28 GMT

In a previous blog entry I lamented the steady decline of our public agencies' ability to protect particularly vulnerable segments of our society, as well as Big Business's ability to use its influence and power to further stifle meaningful consumer protection. For example, California's budget crisis has resulted in across the board budget reductions for state agencies charged with protecting consumers against defective and dangerous products, and protecting our children and the elderly against unsafe child care or residential care facilities.

Another example of the consuming public's vulnerability to dangerous products is found in today's news. Testing of the blood-thinning drug heparin has "revealed possible irregularities in some of the samples of a blood thinner linked to several deaths and hundreds of life-threatening reactions." This from a spokesperson for Baxter Healthcare Corp. Testing revealed differences in the quantities of the active ingredient manufactured in China.

This incident comes at the same time the U.S. Food and Drug Administration is facing mounting questions about its inability to protect consumers against dangerous drugs. The agency is notoriously underfunded. Here's the problem. Although most of the bulk ingredients used by U.S. drug companies are imported, the FDA inspects only about 7% of foreign drug plants a year. In fact, the plant in China suspected in this case, has never been inspected by the FDA.

What is interesting is to compare the FDA's lack of oversight ability with the position it previously took concerning Canadian prescription drug imports. Prescription drugs are far more expensive here than in Canada, and low income individuals were blocked from getting their prescription drugs from Canada. People were having to chose between medicine and food. The reason given by the FDA for the bar on Canadian prescription drugs was safety. Of course, the policy also protected the big profits made by U.S. drug makers who charged consumers in the U.S. far more for the same drugs sold in Canada. In any event, this latest incident concerning heparin just goes to further show how our public agencies are not equipped to protect us. One, they simply do not have the resources. Two, sometimes it appears these agencies are more concerned about the welfare of large corporations than you and me.

Trial lawyers represent the last bastion of regulatory protection in this country. We still work tirelessly to hold corporations accountable when they choose to profit from harmful or defective products. We still fight for the little guy. We still fight for you.

Originally posted at InjuryBoard by Michael Eyerly

FDA: Anti-Smoking Drug May Pose Serious Neuropsychiatric Risks to Users

Shehnaz Bhujwala — Mon, 04 Feb 2008 17:50:31 GMT

The Food and Drug Administration issued a public health advisory last Friday to alert health care providers, patients, and caregivers to new safety warnings concerning Chantix (varenicline), a prescription medication used to help patients stop smoking. Government regulators believe the connection between Pfizer's anti-smoking drug Chantix and serious neuropsychiatric problems is "increasingly likely", warn Chantix may raise the risk of psychiatric disorders and request that the manufacturer of the drug, Pfizer Inc., apply new safety warnings to the medication.

The FDA's advisory follows an investigation of reports of depression, agitation and suicidal behavior, including at least 37 suicides among patients taking the popular twice-daily pill. Bob Rappaport, director of the FDA's drug evaluation center, was quoted inThe Washington Post as saying there were "a number of compelling cases that look like they are the result of exposure to the drug itself and not other causes."

The advisory also emphasized the following safety information for patients, caregivers, and health care professionals:

"Patients should tell their health care provider about any history of psychiatric illness prior to starting Chantix. Chantix may cause worsening of current psychiatric illness even if it is currently under control. It may also cause an old psychiatric illness to reoccur. FDA notes that patients with these illnesses were not included in the studies conducted for the drug's approval.
Health care professionals, patients, patients' families, and caregivers should be alert to and monitor for changes in mood and behavior in patients treated with Chantix. Symptoms may include anxiety, nervousness, tension, depressed mood, unusual behaviors and thinking about or attempting suicide. In most cases, neuropsychiatric symptoms developed during Chantix treatment, but in others, symptoms developed following withdrawal of varenicline therapy.
Patients should immediately report changes in mood and behavior to their doctor.
Vivid, unusual, or strange dreams may occur while taking Chantix.
Patients taking Chantix may experience impairment of the ability to drive or operate heavy machinery."

Pfizer has reportedly implemented label changes with stronger warnings to the drug. In doing so, the company stressed that a direct link between Chantix and the reported psychiatric problems has not been established, but also could not be ruled out. However, the warnings come too late for families of users who committed suicide while taking the drug. Lawsuits are currently pending against Pfizer for its failure to adequately warn users about the drug's serious and potentially fatal side effects.

Originally posted at InjuryBoard by Shehnaz Bhujwala

Beware Defective, Unsafe and Lead Tainted Toys This Season

Paul Kiesel — Fri, 14 Dec 2007 11:51:45 GMT

The volume of lead-tainted toys recalled from the market this year has been staggering. Parents face very difficult choices this holiday season as they try to shop for kids. Many stores have not bothered to clear aisles of toys that are free of lead, and some stores simply haven't been able to remove all the lead toys because of the sheer volume of the recalls:

Many Chicago-area stores are routinely selling lead-tainted toys, including items with levels more than 10 times government safety limits, testing by the Tribune shows.
In one of the most comprehensive inquiries into lead in children's products, the Tribune tested about 800 toys and other items sold in shops, department stores, supermarkets, discount outlets and on the Internet.
Those tests found that a dozen items violated the federal safety limit. An additional nine exceeded much stricter state standards, including a popular Ty Girlz doll bought at a shop in Naperville as well as an award-winning Baby Einstein block purchased online.

One of the best resources to use for checking to see if a toy has been recalled for lead (or any other reason) is the Consumer Product Safety Commission website. The CPSC website has up-to-the-minute safety news related to recently recalled consumer products, not just toys. Consumers can search the CPSC database for a specific toy or search by hazard - namely lead. There are also several other websites that track lead-tainted toy recalls. These resources report on safe toys, and most can be reliable sources for parents who desire problem-free solutions to their toy needs.

The wave of toy recalls this year all began in August, when Fisher-Price recalled over a million toys because the toys exceeded the federal lead paint safety standard. Ever since August, toy makers have been in a mad scramble to ensure that their suppliers were shipping lead-free product. The heightened scrutiny of inventories has created a major shortage of reasonably priced, kid-friendly toys. It will probably take a season for manufacturers to bounce back from the shock of all the recalls.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Paul Kiesel

Baja Motorsports Recalls Youth ATVs to Repair Lack of Equipment

Jenny Albano — Wed, 21 Nov 2007 18:05:59 GMT

Baja Motorsports, in cooperation with the CPSC, is recalling around 16,000 Baja youth ATVs because they do not have a tire pressure gauge or a flag pole mounting bracket. With out these pieces of equipment riders could become injured.

The recalled youth ATVs include the Baja 90, Baja Wilderness 90 and Baja Wilderness 90u. The ATVs came in blue, green, red and camouflage and "Baja" is written on the side of each gas tank.

So far no injuries have been reported to Baja Motorsports. The ATVs were sold at certain retail outlets, ATV dealerships and through the Internet from November 2004 to July 2007.

Consumers who own these ATVs should contact Baja to recieve their free tire pressure gauge and flag pole mounting bracket. Owners who have registered their vehicles will be contacted by the company.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano