New York Personal Injury Lawyer Blog

A source reports that Matrixx, makers of Zicam Cold Remedy are involved in a class action suit because their product (Zicam) causes loss of smell in its users.

Matrixx of course wants the case dismissed, relates a spokesman. They claim that this is not true, of course.

The District Court granted this motion, explains the expert, but the Ninth Circuit reversed the motion, saying that the District Court made a mistake when they required an allegation of statistical significance to establish materiality. Instead, they came to the conclusion that the complaint thoroughly claimed information linking Zicam and its user’s inability to smell, otherwise known as anosmia. There were also allegations that Matrixx withheld information about reports to these side effects and about lawsuits already pending by Zicam users that they knew about the wrong doing. This is obvious personal injury.

To prove their accusations, respondents must be able to prove as necessary that there was in fact an omission by Matrixx, as well as a scienter (knowledge of unlawful activities and wrong doing). Matrixx claims they did not come forward because there was no significant evidence that Zicam did in fact cause loss of smell.

Materiality requirement can be satisfied when there is “a substantial likelihood that the disclosure of the omitted fact would have been viewed by the reasonable investor as having significantly altered the “total mix” of information available”, according to Basic Inc. V. Levinson, 485 US 224. The court did not adopt a bright line rule for classifying materiality in Basic, stating that an approach that designates one fact is always dependent on a specific fact finding such as materiality, and it must be inclusive.

The case is still going on, and the defendants are hoping that with all the evidence they have provided, Matrixx and Zicam will be taken off the market and fixed so that it no longer causes tis kind of injury in its users. This is ongoing and could take a while. Companies in The Bronx and Queens are awaiting the results.

Continue reading "Lawsuit claims Zicam Causes Loss of Smell" »

A study points out that in the past year, the U.S. Consumer Product Safety Commission (CPSC) has had a slue of recalls for cribs that are both drop-sided and non-drop sided and they have been manufactured all over the world, including the United States.

Investigators in The Bronx and Brooklyn are questioning why products for such a vulnerable group aren’t tested properly. “Why should children’s lives be at risk,” One salesman asks and adds, “Where is product testing when it comes to infants’ and children’s furniture? Why is it taking so long for companies to define, adopt and implement standards of excellence that prevent dangerous children’s furniture from reaching the marketplace at all?”

He sights examples from several manufacturers including Graco in April of 2010, who recalled 217,000 drop-side cribs. The company had received nearly 100 reports of the cribs hardware coming undone and six reports of children falling out of the crib when it came undone. The cribs were manufactured in China and VietNam cost families between $140 and $200.

Next he sighted Simplicity Cribs that were recalled by retailers and the CPSC and are no longer in business because the mattresses were tubular and metal and often bent or detached, which caused a small space for a child to get wedged or trapped in.

“One child actually died from the design of the Simplicity Crib,” an observer said. “I just don’t get how something like that even goes to market.” This is product liability.

International/Sorelle of East Rutherford, New Jersey reported a similar problem with their cribs and had to recall 170,000 of them from the market. These cribs were made in Italy, Latvia, Brazil, China and VietNam and caused entrapment and personal injury for infants too when the hardware became unlatched.

The observer sights several more examples of recalls by Simmons Juvenile Products; 50,000 dope-side cribs, Victory Land Group; 34,000 recalled 3-in-1 drop side cribs, Burlington Bassinets; 500,000 recalls and Ikea; 34,000 recalls.

“It seems like these crib manufacturers haven’t learned anything from past mistakes. Most of these problems are the same and involve entrapment and suffocation risks. I just don’t understand the short cuts!” said the victim.

Continue reading "Crib recalls and defects on the rise this past year" »

Royal Caribbean’s latest return to Tampa wasn’t so sunny. After a six-day cruise, many guests came down with what the company has called a gastrointestinal illness. Reports of the intensity or cause of the illness were not released at the time of this statement. Everyone seems to be recovering fine from the ordeal.

Passengers and their families were treated for free due to the large amount of people who contracted the illness, states a New York Injury Lawyer. Passengers stated that they couldn’t have been happier with how the situation was handled. From the captain down to the crewmembers, everyone was the epitome of professionalism and decorum. But this is a case of product liability.

After any outbreak of illness, the ship must be cleaned before any new passengers step on board, reported a passenger. This cleaning isn’t the usual run-of-the-mill cleaning that normally takes place between cruises, but an intense ultra-cleaning.

This super cleaning causes problems for other passengers, to the tune of a 5 hour delay in boarding for the next cruise. Passengers were given the option to wait or to not go on the cruise. Passengers had traveled from as far away as The Bronx and Brooklyn.

No one seemed to mind the delay, however. Many people spent the time touring Tampa, while others wiled away the hours in local bars new the port. Royal Caribbean announced that the ship was undergoing “enhanced sanitation” and would be expected to depart by 9:30 p.m.

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