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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

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

Ohalee Inc. Recalls Youth ATVs Because of Mechanical Hazards

Jenny Albano — Thu, 06 Sep 2007 13:27:23 GMT

Ohalee Inc., in conjunction with the CPSC, is recalling around 36 Ohalee FA-A70 Youth ATVs because mechanical hazards could put young riders at a risk of injury.

These youth ATVs lack front brakes and a tire pressure gauge, the date of manufacture is not printed on side of the tires, and the front suspension is solid and does not allow for travel. Additionally, the flag pole bracket is not the correct size, and the handlebars do not have padding covering sharp edges. There is no storage location for the owner's manual, and the manual itself does not contain complete information on the safe operation and maintenance of the ATV.

These defects make the ATV unsafe for consumers to ride, and could result in the injury of a young person.

The Ohalee FA-A70 Youth ATV has "Ohalee" written on the left and the right side of the recalled ATVs and they were available in red, blue, and black. The ATVs were sold at Odes Motorcycle Industry stores across the nation from June 2006 to December 2006.

So far no injuries have been reported to Ohalee Inc. The product was manufactured in China.

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

Originally posted at InjuryBoard by Jenny Albano

Bausch & Lomb Lens Solution Causes Eye Infections

Paul Kiesel — Tue, 22 Aug 2006 13:55:24 GMT

Bausch & Lomb ReNu with Mostiure Loc was, according to the Journal of the American Medical Association, responsible for a recent outbreak of fungal eye infections. The company had suggested purchasers poor eye hygiene was the probable cause of the infections but the researchers writing for the American Medical Association formally concluded the link between Bausch & Lomb and eye infections. When initial reports of infections relating to ReNu with Mositure Loc were made the company was quick to distance themselves from any responsibility and only when public pressure was brought to bear did the company, finally, agree to a national recall of their product first domestically and then internationally. The Journal concluded that no increased risk of infection was present in any of the other Bausch & Lomb lens solutions.

Practicing good contact lens hygiene is a prudent and common-sense measure for all contact lens wearers, irrespective of contact lens solution used," Dr. Douglas C. Chang, a fungal disease specialist at the Centers for Disease Control who was lead author on the report, wrote in an e-mail interview. "However, the most important message for contact lens wearers is to stop using MoistureLoc, and throw out any MoistureLoc solution purchased before the recall."
The infections showed up in Asia last year and peaked in the United States this past spring, shortly after Bausch & Lomb withdrew MoistureLoc from the domestic market on April 13. Bausch & Lomb announced a worldwide recall a month later. The debacle caused the company's stock price and profit forecasts to plunge.

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

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

E. Coli Outbreak Linked to California Spinach Grower

Michael Eyerly — Sat, 16 Sep 2006 01:36:52 GMT

Natural Selection Foods of San Juan Bautista, California issued a voluntary recall of all its packaged products containing fresh greens. The company, which also operates under the name Earthbound Farm issued the recall just one day after the U.S. Food and Drug Administration recommended against eating any fresh bagged spinach due to an E. coli outbreak that has so far caused one death and sickened 93 people in 20 states. At least 14 people have developed serious conditions that can lead to kidney failure. More than 29 people have been hospitalized as a result of E. coli infection.

Officials suspect the strain of E. coli involved in this outbreak is E. coli 0157:H7. It is a particularly virulent strain, causing an exceptionally high rate of illness and complications. According to the Centers for Disease Control, E. coli 0157:H7 is a strain of bacterium Escherichia coli and an emerging cause of food bourne illness. There are an estimated 73,000 cases of infection in the U.S. each year. Infection can lead to kidney failure and death.

Produce need by contaminated with only a small amount of E. coli for a person to become infected and fall ill. E. coli contamination of produce may originate in the growing fields as a result of substandard or negligent farming practices.

Originally posted at InjuryBoard by Michael Eyerly

Tobacco Industry Just Can't Quit

Patrick DeBlase — Thu, 31 Aug 2006 16:20:41 GMT

Nicotine levels in cigarettes are up by about 10% from 1998 to 2004 according to the Massachusetts Department of Health.

Well into their national feel-good campaign to "educate" the public on smoking, a new study released on Tuesday shows conduct within the Tobacco Industry is business as usual. A Massechusetts Department of Health study released today shows that the amount of nicotine delivered to the lungs of smokers, regardless of brand, is increasing at an alarming rate.

The study http://www.mass.gov/?pageID=pressreleases&agId=Eeohhs2&prModName=dphpressrelease&prFile=pr_060829_nicotine.xml revealed overall nicotine yields increased by about 10%. Some brands were significantly higher - like Kool which rose a whopping 20%. Nicotine is the addictive drug that hooks people into a lifetime of smoking. Smoking-related deaths well-exceed 200,000 per year. Studies show that the earlier a person is hooked on cigarettes the more difficult it is later in life to quit smoking.

The study displays the true nature of the Tobacco Industry because the only reason to increase nicotine levels is to hook more and more people on a product that may result in death.

"The reports are stunning," said Matthew L. Myers, president of the Campaign for Tobacco-Free Kids. "What's critical is the consistency of the increase, which leads to the conclusion that it has to have been conscious and deliberate."

First reported in the Boston Globe, the news of the report traveled quickly.

The Centers for Disease Control and Prevention weighed in via email to the Washington Post:

"We know nicotine is addictive, so if the amount of nicotine in cigarettes is increasing, it could make it even harder for the 70 percent of smokers who want to quit and the more than 40 percent who try to quit every year," Corinne Husten, acting director of the CDC's Office on Smoking and Health, said in an e-mail message.

Despite the overt advertising of the Tobacco Industry, its age-old business plan of selling death by hooking people on cigarettes is firmly entrenched.

Originally posted at InjuryBoard by Patrick DeBlase

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