Product Liability

Published on: December 3, 2011

Crib recalls and defects on the rise this past year

by Stephen Bilkis

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.

Published on: November 20, 2011

Deceased died due to a lap belt being installed instead of lap and shoulder belt

by Stephen Bilkis

Product liability cases are often long and complex. This case was no exception to that rule. A dead woman’s estate brought a wrongful death action, stating that the woman had died in an accident due to the fact that the rear aisle seat of her SUV has only lap belts instead of lap-and-shoulder belts.

The case was dismissed at the state trial court level and on appeal it was affirmed. The court found material that specifically required the installation of passive restraint devices (seatbelts) pre-empted a state tort suit against an auto maker who failed to install airbags.

In this particular case, the Federal Motor Vehicle Safety Standard stated that auto makers are required to install seat belts on rear seats and the must install lap-and-shoulder belts on seats next to car doors or frames. However, they may put in either lap belts or lap-and-shoulder belts on rear inner seats – meaning in an aisle.

Published on: November 7, 2011

U.S. Reduction of Fluoride in water

by Stephen Bilkis

Various dentists tell New York Injury Lawyer that fluoride causes dental issues and the U.S. Department of Health has decided to lower the level of fluoride in the drinking water. This announcement was made to combat the many dental issues that have arisen across the nation. The Department of Health and Human Services gave a recommendation that the level of fluoride in water should be 0.7 milligrams per liter of water instead of a range recommendation that exceeded that amount.

Of course, according to the dental profession, the recommended level is not going to be in effect right away. The Lawyer who practices in New York City and Long Island agrees that it is in the best interest of the public to have some time to think about this and to comment on so thirty days is the time period to listen to any complaints.

The Department of Environmental Protection has decided to do their own investigation and research in the meantime and so they will be reviewing the highest degree of fluoride that should be allowed in the water.

Published on: October 9, 2011

Cruise Passengers Catch Illness

by Stephen Bilkis

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.

Published on: October 5, 2011

FDA Warns Doctors and Patients about PPIs and Fracture Risks

by Stephen Bilkis

The Food and Drug Administration recently warned health care workers and patients about a gas-reducing drug that could possible increase the risk of hip, wrist and spine fractures, said a New York Injury Lawyer.

The FDA is saying that proton pump inhibitors (PPIs) will soon be changing its label with these additional risk warnings for patience taking the drug and physicians who prescribe it, explained a Lawyer.

The new label with this safety information is based on FDA’s review of several studies on patience who have been given larger doses of the drug and that have been taking it for more than a year. These patients had the highest risk for fracture according to the study and most were older than the age of 50.

Published on: September 28, 2011

Weight Loss Drug Changes Label to Reflect Liver Injury Risk

by Stephen Bilkis

The Food and Drug Administration recently revealed more than a dozen cases of severe injuries to patient’s livers who used the drug orlistat for a duration of nearly ten years, said a New York Injury Lawyer.

Orlistat, also known as Alli and Xenical, will be changing its label to reflect these new risks, which were uncovered by the FDA’s review, according to New York Injury Lawyers.

The new label will include safety information warning patients that Orlistat will increase their risk for severe liver injury when taken over a period of ten years.

Published on: September 13, 2011

Lawsuits continue to grow against Yasmin birth control and its unexpected side effects

by Stephen Bilkis

NY Product Liability Lawyers say the lawsuits against Bayer Corporation continue to grow in regards to the it’s birth control products Yaz and Yasmin.

In its most recent case, a woman has charged that Yaz birth control pills led to a severe gall bladder problem resulting in surgery.

“I was never warned properly by either Yaz birth control or Bayer Corp. about this type of a side effect,” the woman claimed. She goes on to charge that Yasmin Birth Control and Bayer were aware of the risks and neglected to warn women of the possible serious health risks.

Published on: September 8, 2011

$12.9 Million awarded in drug Aredia case

by Stephen Bilkis

A three-week trial’s recent outcome awarded $12.9 million to the husband of a woman with severe jaw damage as a result of taking the drugs Aredia and Zometa.

The total award amount was reduced to $1.26 million due to the state’s laws limiting punitive damages, according to New York Injury Lawyers.

Jurors came to the conclusion that Novartis Pharmaceuticals Corp., with U.S. headquarters in New Jersey was responsible for the woman’s injuries because they failed to warn the woman effectively about the effects of the drugs. Product Liability is often brought to firms in Long Island and Westchester County.

Published on: July 19, 2011

Lean Cuisine Recalled Due to Emergency Button?

by Stephen Bilkis

It was reported in the news recently that the makers of Lean Cuisine issued a voluntary recall of its Spaghetti and Meatball product due to some pieces of red plastic having been found inside the packages, claims a New York Injury Lawyer. What is puzzling the folks at Nestlé, the parent company of Lean Cuisine, is that the pieces of red plastic seem to have come from an emergency stop button.

Sources tell reporters that the emergency stop button is located at various locations along a manufacturing line so that any worker who spots a problem along the line can stop it so that no further problems can occur until that particular problem is corrected. The process has been proven to work at manufacturing facilities throughout the world. What is puzzling about this case is that Nestle says that the way the plant was designed that no emergency stop button is located near those areas that food would be moving past.

As part of Nestlé’s ongoing investigation into how the plastic could have gotten into the product, they have gone so far as to contact their suppliers to see if any of the ingredient shipments could have contained the plastic, the New York City Injury Attorney was informed. Thanks to the implementation of modern technological manufacturing processes, the company has the ability to pinpoint the processed packages down to the minute they are produced. This allowed the company to know precisely which packages to issue the recall.

Published on: June 25, 2011

Sunbeam Products Inc. recalls 159,000 wine bottle openers this week

by Stephen Bilkis

A Manhattan Product Liability Lawyer revealed today that both Sunbeam Products, Inc. and the Consumer Product Safety Commission because of a safety hazard have recalled nearly 160,000 wine bottle openers.

“The products were recalled for injury hazards,” he explained and added, “The Company has received 52 reports of wine bottles breaking while using their opener. 22 of those reports said users had lacerations on their hands.”

“I was carefully opening a bottle of wine when the wine bottle broke and I cut my fingers pretty badly,” one consumer said. “I have to say I am impressed with the way Sunbeam has handled this whole thing. They’ve admitted their mistake and are willing to compensate for it. That seems rare these days!”