Consumer Product Recall

Published on: December 28, 2018

Holiday Illness Compensation Claims in South Florida

Holiday illness compensation claims in South Florida can be made when a buyer of a holiday vacation package suffers an illness that is covered by contract warranty agreement the customer signed with a travel agency.

Many such claims have centered on holiday traveler food poisoning in South Florida or while on a cruise. The most Florida Foodborne Illness Surveillance and Investigation Annual Report indicated a total of 37 outbreaks for 2011. Foodborne illness statistics in Florida were most recently updated by the state health department in 2011, and tourism has increased steadily since then, so we can expect the true numbers are likely higher.

Common Holiday Illness Compensation Claims in Florida

Some of the most common types of illness resulting in holiday illness compensation claims in South Florida include: Continue reading →

Published on: December 14, 2018

Food Poisoning on Holiday: It’s Not Just Cheer That Spreads

By Dean Freeman

Feasting with friends and family is one of the many celebrated holiday traditions. Although we tend to think of the winter holiday season as one where we spread family recipes, cheer and gifts, the truth is food poisoning on holiday in South Florida is unfortunately too common.

Of course, food poisoning can occur at any time, but our South Florida injury lawyers know some of the problems that can lead to foodborne illness during this otherwise festive time include:

Restaurants, grocery stores, cruise ships, hotels and food processing plants are extremely busy in the latter months of the year. This can lead to overlooking important sanitary guidelines for food safety.
Mail-order foods – especially meats, cheeses, fruits and seafood – can be especially hazardous if not properly packed, shipped, stored and delivered. These are popular items in gift baskets this time of year.
Holiday buffets, whether at restaurants, office parties or family gatherings can become breeding grounds for foodborne illness when food is left out for long stretches.
Amateur cooks (and sometimes even experienced ones) are rushed and sometimes fail to follow proper food prep safety.
Certain popular holiday foods, such as eggnog, turkey and even baked goods can be hazardous if not properly prepared or surfaces thoroughly cleaned.
Growers and distributors may not properly label “post-purge” dates on food items sold in stores and wholesale to restaurants.

Symptoms of a foodborne illness include stomach cramps, diarrhea, vomiting, headaches, aches, flu-like systems, and lethargy. Although most people can recover from food poisoning, those with compromised immune systems, children and the elderly may be especially vulnerable to developing serious complications. If you have fallen seriously ill as a result of food poisoning on holiday, contact our South Florida injury lawyers for information about your legal options. Continue reading →

Published on: July 24, 2018

Food Poisoning Lawsuits Against Restaurants Can Lead to Substantial Verdicts

By Dean Freeman

Amid reports that hundreds of people have been sickened in 10 states connected to two second cyclospora outbreaks (one of those resulting from eating McDonald’s salads), it’s important to point out that food poisoning illnesses can result in liability of these restaurants and grocery store chains.

Recently one such case, Stachulski v. Apple New England, LLC, resulted with the New Hampshire Supreme Court, which affirmed a damage award of $750,000 in favor of a plaintiff who fell ill with salmonella after consuming a hamburger at defendant restaurant. Although ultimately ending in a favorable outcome to plaintiff, it highlights some of the challenges plaintiffs in food poisoning lawsuits may face.

According to court records, 29-year-old plaintiff, an HVAC technician, based his claim on a theory of strict products liability, explaining in his complaint he had dined at the restaurant with his wife and brother-in-law in February 2014, at which time he consumed a hamburger, which he alleged to be the source of his illness. He ordered the burger medium rare, and that was the start of the nightmare. (His brother-in-law too became ill, but recovered after a few days.) Plaintiff was hospitalized for a full week in intensive care when he first became sick. Even after he was released, he was unable to work for a full year due to uncontrollable bowel movements. He was embarrassingly on the toilet dozens of times daily, suffering kidney failure, shutdown of his liver and septic infection in his blood. Continue reading →

Published on: March 3, 2016

Takata Airbags: More Recalls on Horizon, Researchers Dig Deeper

By Dean Freeman

Federal regulators are mulling a proposal to demand a recall of 90 million additional Takata airbags in the U.S., which would more than triple the number of defective products identified.

So far, 29 million of the devices have been recalled, with reports that they explode when deployed, sending metal shrapnel and other debris flying into the faces of front seat passengers and drivers. So far, 10 deaths have been linked to the problem and hundreds of others have suffered serious injuries.

At the behest of 10 automakers, a team of rocket scientists set out to identify the source of the rupturing airbags. They discovered the problem was a trifecta of issues: Humidity exposure, defective design and defective manufacturing. This was exacerbated by the fact the company used a volatile substance, ammonium nitrate, in the products. Continue reading →

Published on: November 21, 2014

Florida Man Electrocuted When Wedding Ring Struck Live Wire

By Dean Freeman

An unforeseen household accident ended tragically when a Florida man was electrocuted while installing a new dishwasher. According to reports, the 33-year-old victim was killed when his wedding ring came in contact with a live wire. Police in South Daytona said that the man was at his in-laws home helping to install a new dishwasher. The family was preparing to eat when the saw the victim kneeling at the appliance with his left arm extended behind the dishwasher. They noticed that he was turning red and unresponsive. They immediately pulled him away and began CPR before calling 911.

Paramedics responded to the scene and transported the victim to Halifax Health Medical Center where he was later pronounced dead. According to the family, the victim had previously installed and repaired household appliances. Investigators at the scene believe that his wedding ring came in contact with a copper wire. Though the family had turned off most of the power in the room for the installation, it was left on while he reached behind the dishwasher to check on a strange sounds that were coming from behind the new appliance.

Electrocution during home maintenance and repair is not uncommon. According to the Electrical Safety Foundation International, there are more than 100,000 people treated for electrical shock every year in the United States. Death from electrical currents passing through the body can result from fatal effects on the heart, severe burns, and other organ damage. Household wiring was responsible for 11% of electrocution deaths in the United States.

Continue reading →

Published on: September 4, 2014

Payne v. Novartis Pharm. Corp. – Sixth Circuit Allows Failure-to-Warn Claim to Continue

By Dean Freeman

The U.S. Court of Appeals for the Sixth Circuit recently ruled in favor of a woman seeking damages against a drug manufacturer after she suffered a condition known as “jaw death,” attributed to the defendant’s medications. She argues the drugmaker failed to warn her that the condition, osteonecrosis, might occur if she took the drugs.

Initially, the district court in Payne v. Novartis Pharm. Corp. granted summary judgment in favor of the defense, citing the medical community’s lack of knowledge of this problem in the early 2000s. However, the Sixth Circuit reversed, indicating that whether the company’s failure to warn was the cause of the woman’s injuries was a matter for a jury to decide.

Our Boca Raton product injury lawyers recognize this is one in a growing number of cases against this particular pharmaceutical firm, Novartis, which produces the bone drugs Aredia and Zometa.
Continue reading →

Published on: August 3, 2011

New Recalls Issued by CPSC to Prevent Child Injury in Fort Lauderdale and Elsewhere

By Dean Freeman

There have been a number of products recalled recently by the U.S. Consumer Product Safety Commission (CPSC) to help prevent child injury in Port St. Lucie and elsewhere throughout the United States. The CPSC continues to protect the public from unreasonable risks of injury or death from a number of faulty consumer products under the agency’s jurisdiction.

Our Miami personal injury attorneys recognize how many dangerous products there are on the market nowadays. Thanks to the CPSC and its dangerous product recalls, we have witnessed a 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years. These products pose can pose threats of fire, electrical, chemical, mechanical hazards or can injure children.

Some of the CPSC’s latest child product recalls:

–Little People Builders’ Load ‘n Go Wagon. Roughly 208,000 of these wagons were sold in the United States and another 2,800 in Canada. The back of the wagon’s plastic handle has molded-in reinforcement. The handle poses a laceration hazard if a child falls on it. The wagons were sold at mass merchandise retail stores nationwide from June 2009 through July 2011.

–B. FunKeys. These toy keys with remote were made by Battat Inc., of Plattsburgh, N.Y. Roughly 1,080,000 were sold in the United States and another 3,600 in Canada. The metal toy keys and the plastic key ring can break. Children can potentially chose on these broken toys. Retailers nationwide and online sites sold this product from April 2010 to May 2011 for B. FunKeys and from January 2006 to December 2009 for Parents Magazine.

–Disney Pogo Sticks. Nearly 200,000 pogo sticks were sold in the United States at Burlington Coat Factory, Kmart, Kohls.com, Target and Toys R Us from February 2009 through June 2011. Disney licensed its brand name to Bravo Sports, the maker of the pogo sticks. The bottom rubber tip attached to the pogo stick frame can wear out prematurely. The wearing of this tip can pose a fall hazard to consumers. The end caps on the handlebars can come off as well, which exposes sharp edges.This poses a laceration hazard to consumers.

–Love.Hugs.Peace. Lapel Pins. These pins are from the Build-A-Bear Workshop®, of St. Louis, Missouri. About 26,500 of them were sold in the United States and another 2,200 in Canada. The surface paints on the lapel pin contain excessive levels of lead which is prohibited under federal law. The label pin is about 1.5 inch and features graphics of a heart, bear head and peace sign all positioned in front of a globe. The words “Love.Hugs.Peace.” are at the bottom of the pin. The pins were also sold on the Build-A-Bear website from July 2009 through October 2010.

The CPSC offers complete information regarding recalls and product safety news. You are urged to check out their recall database periodically to see if you have any products in your household that can potentially injury you or your family.
Continue reading →