Defective Products

Published on: December 3, 2015

Doctors: Stop Using Crib Bumpers for Babies

The holidays are fast-approaching, and baby gifts are especially popular for those who are expecting. Baby bedding – including cribs, sheets and crib lining – is a $50 million annual industry.

But concerns over crib safety have been mounting in recent years. It’s what led to the recall and eventual ban of drop-side cribs in 2011 after indications these products posed risk of serious injury and death to infants and toddlers. In more recent years, the focus has shifted to “crib bumpers,” the soft, pillow-like lining intended for use inside cribs that poses a risk of suffocation and strangulation for infants.

They are displayed prominently in stores in cute designs, intended to coordinate with the overall theme of the room. About 200,000 are sold annually. There have been several studies and recalls and lawsuits over the last four years, but still, they remain on sale. Continue reading →

Published on: October 18, 2015

Williams v. Clark Sand Company, Inc. – Florida’s Corporate Survival Statute

By Dean Freeman

When a company shuts down operations, pays off creditors and steps away, those involved may believe that’s the end of it and begin moving onto other endeavors. However, if the company has products that may have caused injury to others, the firm could be subject to litigation well after the doors are closed.

In Florida, F.S. 607.1407 is known as the “corporate survival statute,” and it allows plaintiffs in tort actions to bring claims against the company for up to four years after it formally dissolves.

That assumes the company has properly dissolved – and not simply stopped operations – and that there was proper notification of that dissolution, either via public notice or personally to known creditors or claimants.

In the case of Williams v. Clark Sand Company, Inc., the Mississippi Supreme Court was asked to weigh several issues pertaining to Florida’s corporate survival statute, and whether claims regarding latent injuries could be brought more than four years after the corporation dissolved. Continue reading →

Published on: September 19, 2015

Carbon Monoxide Poisoning Associated With Keyless Entry to Cars, Lawsuit Claims

By Dean Freeman

An injury lawsuit filed in a federal court in Los Angeles seeks class action status on behalf of all keyless car drivers.

The litigation alleges auto manufacturers should have initiated a recall of millions of keyeless entry and ignition models because the vehicles apparently did not shut off automatically when the driver failed to press the start and stop buttons. This, plaintiffs allege, put drivers at risk of carbon monoxide poisoning.

Already, plaintiffs assert there have been more than dozen deaths associated with this issue. There have also been numerous “close calls,” wherein people were able to evade danger before it turned deadly. Continue reading →

Published on: June 9, 2015

CDC: Risk of Food-borne Illness Shifts to New Pathogens

By Dean Freeman

First, the good news: The risk of becoming seriously ill as a result of an infection from dangerous strains of E. coli or salmonella dropped sharply last year.

But the bad news: Food-borne illness arising from lesser-known infections is on the rise. Specifically of concern are bacteria such as Vibrio and Campylobacter.

That’s according to the U.S. Centers for Disease Control and Prevention, which recently released its “Morbidity and Mortality Weekly Report.” The agency notes food-borne disease represents a substantial and yet mostly preventable health burden on the U.S.

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Published on: May 4, 2015

$63M Defective Product Verdict Affirmed in Child Injury Case

By Dean Freeman

The case of Reckis v. Johnson & Johnson is a victory not just for a young girl and her family, who endured unimaginable suffering and whose lives have been forever altered, but also for consumers nationwide.

Massachusetts Supreme Judicial Court Justices recently affirmed a $63 million judgment in favor of the family – $50 million for the girl and $6.5 million for each parent – following a case that began with a slight fever and a few doses of ibuprofen.

The girl was just 7 when she complained to her dad of a stuffy nose. He noticed she was warm too. Like countless other parents in the same situation, he purchased a bottle of Children’s Motrin, produced by a subsidiary of defendant manufacturer Johnson & Johnson. He read the label on the bottle and noted nothing alarming.

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Published on: January 6, 2015

Stuhlmacher v. Home Depot – Defective Ladder Lawsuit Revived

By Dean Freeman

When it comes to ladders, as with any tool, improper use, lack of adequate training or general bad practices can result in serious injuries. But so too can ladders that are poorly designed or manufactured.

The American Journal of Preventative Medicine reports hundreds of thousands of ladder-related injuries every year result in treatments by U.S. emergency departments. One in 10 of these required hospitalization, and 90 percent occurred at a home or farm.

Some of the most common injuries included:

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Published on: November 25, 2014

Boston Scientific to Pay $27M in Federal Vaginal Mesh Trial in Florida

By Dean Freeman

In the first federal lawsuit against Boston Scientific Corp. over its defective vaginal mesh product, the company has been ordered by jurors in a Miami federal court to pay nearly $27 million to four Florida women who say they were injured by the medical devices.

Although the company faces some 23,000 lawsuits over the problem, only a handful have gone to trial. Of the three that have thus far gone to trial, the first two, in Massachusetts, resulted in victory for the company. The third, in Texas, resulted in a $73 million verdict for the plaintiff, though that award was later reduced to $34 million per state-mandated damage caps.

The Miami verdict represents the first federal case to go to trial. Another began in West Virginia shortly thereafter. The judge who oversaw the case, U.S. District Judge Joseph Goodwin, is overseeing more than 65,000 vaginal mesh lawsuits against seven companies that make the device.

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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.

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Published on: June 28, 2014

Massey v. Conagra Foods – Dangerous Food Product Case Goes Forward

By Dean Freeman

Consumers have the right to be confident that when they purchase food products from the grocery store – items that will be served to themselves and their families – that those products will be safe.

Unfortunately, food manufacturers are not as careful at protecting the public’s health and welfare as they are at protecting their own bottom line. Our Broward County injury attorneys have seen serious illness and even death as a result, particularly for vulnerable populations, such as children, the elderly and pregnant women.

In 2010, the latest full year for which data is available from the Florida Health Department, there were 65 outbreaks of food and waterborne illnesses in Florida (they are not separated by type), with 807 cases of illness. Of those cases, 190 were reported in Broward County.
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Published on: March 13, 2013

SaferProducts Keeping Consumers Away from Dangerous Products in South Florida

By Dean Freeman

Happy Birthday SaferProducts.gov! Over the last two years, the official website has posted close to 14,000 reports of consumer product safety concerns. This website is helping to keep Americans safe and away from dangerous products.

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death from thousands of types of consumer products under the agency’s jurisdiction. But these reports are no good if you’re not paying attention. Our Fort Lauderdale injury attorneys encourage residents to check the list of recalled products and to check it often. Many times, dangerous products make their way into our homes and we never even know about it.

To help to celebrate this 2-year birthday of this life-saving resource, we’re here to fill you in one some of the latest recalls. Review the information and share it with your friends and family members.

Break-Barrel Air Rifle Recalled by Soft Air USA:

This air gun has been recalled because officials have discovered that it can discharge even while the safety is engaged. This serves up a serious risk for the user and for anyone nearby. If you have this air gun, contact the company by calling (866) 763-8247 for information about a full refund.

Garlic Slicers Recalled by The Pampered Chef:

These slicers have been recalled by the CPSC because the blade on them can dislodge during use. There have already been nearly 25 reports of this happening. If you have this slicer, don’t risk injury. Contact the company by calling (877) 917-2433 to get information on a replacement product.

Mattresses Recalled By SlumberWorld:

These mattresses don’t meet federal safety criteria for the open-flame standard. Unfortunately, this poses a serious fire hazard to users. Involved in this recall are these model number mattresses: 829 First Edition, 1213 Limited Edition and the 1214 Limited Edition Deluxe or New Edition. If you have one of these mattresses in your home, call the company at (808) 421-3159 for a free repair.

Hello Kitty City Motor Scooters Recalled by Dynacraft:

These scooters can accelerate unexpectedly while in use. This can cause a rider to fall and suffer from some serious injuries. Model number 8801-03 falls under this recall, which is printed underneath the scooter’s center platform. There have already been close to 10 incident reports and three injury reports submitted to the company. If you have one of these scooters, stop using it immediately and contact the company at (800) 551-0032 for information on a free refund.
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