Defective Product Attorneys

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Defective Design Attorneys: Child Booster Seat Safety

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September 8th, 2010: Law Blogger

If you are an adult that grew up prior to the mid 80’s then you may remember riding in the car without a seat belt shoulder strap. Perhaps you remember sliding across the slick vinyl back seat every time the car turned, and though it was fun at the time, your prospects for survival in a car accident were slim. Don’t blame your parents, they didn’t know better.

But now there are car booster seats for children up to 8 years old. The reason for these is that the seatbelts that are currently required by law are for adults and have been found to cause severe injury to kids in even minor car accidents. That’s why larger booster seats for children over 2 years old were introduced.

Unfortunately, even these seats were considered somewhat unsafe because the first manufacturers seemed to neglect some key factors such as varying sizes of kids as they grow and the position of the child during an accident. Booster seats are getting safer, but many still fail to provide proper protection for young children, a national safety research and testing group has found.

Belts do the main job of keeping kids in boosters safe in crashes, but like we said, belts are designed for adults, so it’s important for boosters to lift kids into position for lap/shoulder belts to provide proper restraint. It’s a “take the child to the seat belt” theory rather than the other way around.

IIHS Booster Seat Study

The Insurance Institute for Highway Safety (IIHS), a nonprofit highway research group funded by automobile insurance companies, Children 4-8 who ride in boosters are 45% less likely to sustain serious personal injuries in crashes than children restrained by belts alone. Enough to make any parent want to run out and get one, but like any product, there are better ones than others.

The IIHS reviewed the seat belt fit of 72 models available at major retailers or online. During testing they found that booster seats that don’t position seatbelts properly can lead to injuries in a crash and lessen the effectiveness of the belt assigning.

The tests prompted they to assign a “Best Bet” rating to the 21 boosters that provided a correct fit across the full range of vehicle types. The institute also gave a “Good Bet” rating to 7 other models that would give a correct fit in the majority of vehicles. Another 8 were given “Not Recommended” ratings due to a series of criteria.

Fit in the Vehicle – The booster seat must fit in most vehicles. Some of them seat a child quite high and may not fit snuggly into some smaller compact cars for optimum safety. These larger seats may be safer in SUVs, but are not practical for cars.
Position of the Belt – The car’s existing seatbelt is used for restraint in all cases, so the way the belt loops around the seat is important to keeping the child restrained. If, on impact, the belt is able to slip or shift out of position, then the seat becomes less effective.
Position of the Child – This was the largest concern for the IIHS. They found that children were best protected if the seat forced them to sit up, thus better preventing them from slipping under it by the force of the impact.

List of Recommended Booster Seats

This list is provided by the IIHS after their study is done on an annual basis in order to inform parents of their purchase choices. They are not listed in order of preference. The list is intended to help parents make good purchase decisions. The IIHS points out that some of the seats on the “Best Bets” list are not exactly the most expensive and that many of them can be purchased online for as little as $50. A small price to pay for peace of mind.

BEST BETS

Britax Frontier 85 (combination highback)
Chicco Keyfit Strada (dual highback)
Clek Oobr (dual highback)
Cosco Juvenile Pronto (dual highback)
Cybex Solution X-Fix (highback)
Eddie Bauer Auto Booster (dual highback)
Evenflo Big Kid Amp (backless)
Evenflo Maestro (combination highback)
Graco TurboBooster Crawford (dual highback)
Harmony Baby Armor (dual highback)
Harmony Dreamtime (dual backless)
Harmony Dreamtime (dual highback)
Harmony Secure Comfort Deluxe (backless)
Harmony Youth Booster Seat (backless)
Maxi-Cosi Rodi XR (dual highback)
Recaro ProBOOSTER (highback)
Recaro ProSPORT (combination highback)
Recaro Vivo (highback)
Recaro Young Sport (combination highback)
Safety 1st Boost Air Protect (dual highback)
The First Years Pathway B570 (highback)

GOOD BETS

Britax Parkway SG (dual highback)
Combi Kobuk Air Thru (dual backless)
Combi Kobuk Air Thru (dual highback)
Evenflo Symphony 65 (3-in-1 highback)
Graco TurboBooster Sachi (dual highback)
Graco TurboBooster Wander (dual highback)
Maxi-Cosi Rodi (dual highback)

NOT RECOMMENDED

Eddie Bauer Deluxe (combination highback)
Eddie Bauer Deluxe 3-in-1 (highback)
Evenflo Express (combination highback)
Evenflo Generations 65 (combination highback)
Evenflo Sightseer (highback)
Harmony Baby Armor (dual backless)
Safety 1st All-in-One (3-in-1 highback)
Safety 1st Alpha Omega Elite (3-in-1 highback)

Washington State Defective Design Lawyers

The safety of your child is the highest priority for all parents. Car accidents are much more likely to kill a child than an adult. What would be an impact that would cause an adult minor injuries, could cause a child to spend the rest of their lives in a wheel chair. That is why it is important that parents protect their families by making informed and wise purchase decisions. Defective or untested safety equipment is not worth your child’s life.

Phillips Webster represents consumers and their loved ones in personal injury and wrongful death lawsuits resulting from defective products. When a product fails it is important to have experienced representation on your side to assure that your voice will be heard and that you receive the compensation that you deserve. Call the defective design lawyers at Phillips Webster for a free consultation on your legal options.

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Tags: booster seats, defective design, defective product attorneys, defective product Lawyers, defective products
Posted in Defective Product, Product Liability

Defective Product Lawyers: KIA Recalls 35,000 Souls & Sorentos for Fire Hazard

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September 2nd, 2010: Law Blogger

You may have seen the ads, hamsters in hoodies rapping about the KIA Soul, giving it a young fresh feel appealing to the young adult and high school driver. The ads were wildly popular and have thrust the first generation of KIAs’ fun, practical, and inexpensive cars into the competitive youth market. But today, the corners KIA had to cut in manufacturing to make them affordable are beginning to rear their ugly heads.

The South Korean automaker, along with the National Highway Traffic Safety Administration (NHTSA) issued the recall today for 35,185 2010 Kia Souls and 2011 Kia Sorentos because wiring harnesses from a supplier used for lighting and speaker systems can develop a short.

“The electrical short could potentially result in a fire,” NHTSA says.

There have been no reports of serious personal injury or car accidents due to the defect design.

This is just another strike against the first generation of this youthful but defective vehicle. Only last month the NHTSA said it was opening a preliminary investigation into steering problems on the Soul.

The government regulatory agency received a serious complaint of a shaft coming apart in the steering mechanism that caused loss of ability to turn the wheel. Making matters worse, the linkage fell on the floor and could get caught behind the brake.

That defect may only have been isolated to a single vehicle, but if it is found to be an assembly problem like the wiring issue that prompted the recall today then this situation could get extremely expensive for KIA very quickly.

If you or someone you know has been adversely affected by a defective automobile, it is essential that you contact a legal representative that is experienced in defective product litigation. Call Phillips Webster to speak with a legal professional about how you can get the compensation you deserve.

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Tags: defective design, defective product attorneys, defective product Lawyers, defective products, recall
Posted in Defective Product, Product Liability, Recall

Recall Lawyers: 380,000 Pounds of Deli Meat Recalled Nationally for Containing Serious Disease

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August 24th, 2010: Law Blogger

Foodborne illnesses are one of the most common reasons people go to the emergency ward. An estimated 76 million cases of foodborne disease occur each year in the United States. Some cases are more serious, and Center for Disease Control (CDC) estimates that there are 325,000 hospitalizations and 5,000 deaths related to foodborne diseases each year.

One of the worst and most potentially fatal foodborne diseases is Listeria monocytogenes. It is one of the most virulent foodborne pathogens with 20 to 30 percent of clinical infections resulting in death. Though only around 2500 per year contract the disease, a whopping 500 of them die from it.

That’s why yesterday’s recall is so important. Listeria monocytogenes has been found in a series of popular ready made deli sandwishes produced by Zemco Industries in Buffalo, New York. The Department of Agriculture has recalled approximately 380,000 pounds of the deli meat that may be contaminated.

Listeria monocytogenes was discovered in a random retail sample collected by inspectors in Georgia. The USDA has received no reports of illnesses associated with the meats.

“Consumption of food contaminated with Listeria monocytogenes can cause listeriosis, an uncommon but potentially fatal disease,” according to the USDA. “Healthy people rarely contract listeriosis. However, listeriosis can cause high fever, severe headache, neck stiffness and nausea.”

Recalled Lunchmeat

These are sandwiches that are prepackaged and set out in the refrigerated “Marketside” section of Walmart grocery stores for the on-the-go person who can’t wait for something to be made.

One of the major national retailers of the products is Walmart. Upon learning of the voluntary recall, Wal-Mart immediately told its stores to remove the meat from their shelves.

The meats were produced on dates ranging from June 18 to July 2, 2010. The “Use By” dates range from August 20 to September 10, 2010.

The products being recalled are -

“Marketside Grab and Go Sandwiches BLACK FOREST HAM With Natural Juices Coated with Caramel Color” – 25.5-pound cases – number 17800 1300.
“Marketside Grab and Go Sandwiches HOT HAM, HARD SALAMI, PEPPERONI, SANDWICH PEPPERS” – 28.49-pound cases – number 17803 1300.
“Marketside Grab and Go Sandwiches VIRGINIA BRAND HAM With Natural Juices, MADE IN NEW YORK, FULLY COOKED BACON, SANDWICH PICKLES, SANDWICH PEPPERS” – 32.67-pound cases – number 17804 1300.
“Marketside Grab and Go Sandwiches ANGUS ROAST BEEF Coated with Caramel Color” – 25.5-pound cases – number 17805 1300.

Listeria monocytogenes

Listeria monocytogenes bacteria is a pathogen that causes an infection leading to a disease called Listeriosis. The disease has a 7 to 10 day cycle in which the patient experiences muscle aches, high fever, and vomiting.

“Listeriosis can also cause miscarriages and stillbirths, as well as serious and sometimes fatal infections in those with weakened immune systems, such as infants, the elderly and persons with HIV infection or undergoing chemotherapy,” the USDA said.

If the infection spreads to the nervous system it can cause meningitis, an infection of the covering of the brain and spinal cord. Symptoms of meningitis are headache, stiff neck, confusion, loss of balance, and convulsions.

Both of these diseases have a high instance of death, particularly in high-risk groups as described by the CDC. If these symptoms begin and start to progress rapidly, people are advised to seek medical attention immediately because there are antibiotics and treatments to address the diseases if caught early.

Recall Lawyers

This recall falls in a bad month for massive meat and animal product recalls. August is already host to a recall of 1 million pounds of frozen ground beef patties that are popular for restaurants to use. Another was the recall of 380 million eggs, which were linked to a nationwide Salmonella outbreak that potentially sickened thousands of people. Those eggs were also used by many restaurants.

Do you see a pattern here? Just because the product is cooked by a professional, under FDA guidelines, doesn’t mean that it can’t make you sick. On top of that, just because the product may be sealed in plastic and labeled “fully cooked” also doesn’t protect you from illness.

That’s why government inspectors are diligent about testing in an attempt to stem the increasing epidemic of food borne illnesses in the United States. It is estimated that the cost to the healthcare system and the American tax payer for treatment of foodborne illnesses could be in the billions of dollars.

Essentially, it is the responsibility of the government agency to monitor, but the company that produces the product has a moral obligation to its customers that they will produce a product that will not potentially kill them. For prepackaged products especially, the contamination most likely came from the production facility itself. It is up to the manufacturer to assure that all facilities are adequately sanitized and systems are in place to monitor contamination.

If you or someone you know ate a Grab and Go sandwich produced by Zemco Industries, became seriously ill and had to be hospitalized as a result, then it is important that you find an experienced Product Liability Attorney to represent you so that you receive the compensation you deserve. Call Phillips Webster for a free consultation.

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Tags: defective product attorneys, defective product Lawyers, defective products, product liability lawyers, recall, recall lawyers
Posted in Medical Injury, Recall, Wrongful Death, personal injury

Product Recall: Typhoid Contracted From Tropical Fruit Pulp Sickens 7 People

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August 12th, 2010: Law Blogger

There are new foods entering the American diet all the time. The US Food and Drug Administration (FDA) tries to keep up, but they have limited resources to test the merits of every tropical fruit and weird fish that enters the US. It is virtually impossible to prevent the spread food borne illnesses, but infectious diseases from other countries is another issue all together.

Typhoid fever has been linked to a frozen tropical fruit product used to make smoothies, health officials reported today. The fruit is called “mamey,” a sweet, reddish tropical fruit grown mainly in Central and South America. It is also called “zapote” or “sapote” by some people.

Seven cases of typhoid have been confirmed, 3 in California and 4 in Nevada. There are also 2 other cases in California that are being investigated. The victims range in age from 4 to 31, said a CDC spokesperson.

According to the Centers for Disease Control and Prevention (CDC) 5 people have been hospitalized, 4 of them used pulp made by Goya Foods Inc. of Secaucus, N.J. Goya is a popular brand known for specializing in ingredients for South American cuisine.

The company has recalled packages of the pulp, sold in mostly in the western states of Alaska, Arizona, California, Colorado, Hawaii, New Mexico, Nevada, Oregon, Texas, Utah and Washington.

The CDC said five of the victims drank milkshakes or smoothies made with frozen mamey. A sample from one package found in Las Vegas and tested by the Food and Drug Administration (FDA) came up positive for the bacteria that causes typhoid.

You may have heard the name “Typhoid Mary,” after an actual woman named Mary Mallon who was the first healthy carrier of a disease that has been attributed to hundreds of thousands of deaths in the last century. It is still considered an epidemic in much of Africa and India.

Typhoid fever is a life-threatening illness caused by a type of bacteria called Salmonella typhi. It’s rare in the US, but there’s still about 400 cases annually. Most of the North American patients caught it while traveling abroad.

Symptoms include a sustained fever as high as 103 to 104 degrees, along with headache, weakness, stomach pains or loss of appetite. Some patients have a rash of flat, rose-colored spots. It can be treated with antibiotics. The bacteria passes through the intestinal tract and often spreads to others through feces-tainted food or water.

No deaths have been associated with the recall.

The fact that the CDC has to get involved at all is a serious issue. It is also important that Goya manufacturing facilities abroad are monitored more closely to avoid further serious communicable infectious diseases from threatening their customers.

If you or someone you know used this product and became seriously ill it is important that you find an experienced Product Liability Attorney to represent you so that you receive the compensation you deserve. Call Phillips Webster for a free consultation.

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Tags: defective product attorneys, defective product Lawyers, defective products, product liability lawyers
Posted in Defective Product, Medical Injury, Product Liability, personal injury

Recall Attorneys: 1 Million Pounds of Ground Beef Recalled in Western United States

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August 6th, 2010: Law Blogger

We Americans love our beef and consume an estimated 32 pounds of ground beef per person per year. That only comes to about 8 burgers per month at 1/3 of a pound per burger. Of course, that’s about 7 more burgers per month than any other person in the world eats. And since ground beef is the most prone meat to contain E-Coli, that means Americans get exposed to the food-borne disease more than most people.

But the ground beef recall announced today by the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) found the strain E-Coli O157:H7 in products produced and distributed by Valley Meat Company, of Modesto, California.

Though E-coli occurs naturally in cows and most is not too harmful to humans, E-Coli O157:H7 has proven to be the most detrimental to children and the elderly, causing severe diarrhea and in extreme cases can cause kidney failure, paralysis or death.

But how does it get into the meat in the first place? An expert explains:

“What happens in hamburger is the E. coli bacteria is in the guts of cows. And during the slaughtering process, those guts are nicked or there’s fecal material on the hides. It gets on the red meat,” explained Bill Marler, an expert on foodborne illness. “And when you cook a steak, assuming that steak hasn’t been penetrated, you can kill the bacteria that’s on the outside of the meat. It’s not on the inside of the meat. But when you ground that meat up, that E. coli is in there,”

Product Recall Details

The California Department of Public Health (CDPH) made the FSIS aware of the problem on July 15 when a small E. coli cluster of illnesses with a rare O157:H7 strain as detected by PFGE subtyping (pulsed-field gel electrophoresis is a method of clustering pathogens into subtypes).

A total of six patients with illness onset dates between April 8 and June 18, 2010 were reported. After further review, CDPH added another patient from February to the case count, bringing the count to seven. FSIS is continuing to work with the CDPH and the company on the investigation. Anyone with signs or symptoms of foodborne illness should contact a health care provider and be tested.

The following products (and lot numbers) are subject to recall and should be discarded immediately:

(#2155) *IQF* 80/20% BEEF PATTIES 8/1R
(#2503) SMASHBURGER 40/7 OZ. VAC PACK
(#2510) IQF 80/20% BEEF PATTIES 2/1 OVAL
(#2515) *IQF* 80/20% BEEF PATTIES 2/1 R
(#2535) IQF 80/20% BEEF PATTIES 3/1 OVAL
(#2545) IQF 80/20% BEEF PATTIES 3/1R
(#2575) *IQF* 80/20% BEEF PATTIES 4/1R
(#2595) IQF 80/20% PATTIES 4/1R THIN
(#2605) *IQF* 80/20% BEEF PATTIES 5/1R
(#2635) *IQF* 80/20% BEEF PATTIES 6/1R
(#2668) BEEF CHUCK PATTIES 7 OZ– 21#
(#3075) *IQF* 85/15% PATTIES 4/1R USFI
(#3090) ‘RPQ’ 85/15 PATTIES 160/4 OZ.
(#3325) “RPQ” 90/10 BEEF PATTIES 40/4 OZ
(#3350) 90/10% BEEF PATTIES 160/4 OZ.
(#3450)SUPREMAS BEEF PATTIES 12/3#
(#3519) *IQF* 4/1 SOY PATTIES 80/20%
(#3520) *IQF* 5/1 SOY PATTIES 80/20%
(#3522) *IQF* 6/1 SOY PATTIES 80/20%
(#3675) BEEF SOY PATTIES RETAIL 6/5#
(#3700) 73/27% RETAIL PATTIES — 12/3#
(#3705) 73/27% RETAIL PATTIES — 6/5#
(#3710) 73/27% RETAIL PATTIES — 8/3#
(#3715) BIGGER VALLEY BURGER — 6/5#
(#3725) 80/20 BIGGER BURGER 12/3#
(#3751) 80/20% RETAIL PATTIES 12/3#
(#3800) 85/15% RETAIL PATTIES — 12/3#
(#3850) BLACK ANGUS BURGER 12/2# BOX
(#3875) 93/7% BEEF PATTIES 12/3# RETAIL
(#3880) SAFEWAY 73/27 RETAIL BOXES 8#
(#3882) SAFEWAY 73/27 PATTIES 12/2.5#
(#3883) SAFEWAY 80/20 PATTIES 12/2.5#
(#4000) 73/27% GROUND BEEF 10/1#
(#4001) 73/27% GROUND BEEF 20/2#
(#4005) 73/27% GROUND BEEF — 40/1#
(#4015) 73/27% GROUND BEEF 4/5#
(#4020) 73/27% GROUND BEEF — 8/5#
(#4030) 73/27% GROUND BEEF 4/10#
(#4035) 73/27% GROUND BEEF 15/3#
(#4300) 80/20% GROUND BEEF 10/1#
(#4305) 80/20% GROUND BEEF — 40/1#
(#4310) 80/20% GROUND BEEF 4/5#
(#4315) 80/20% GROUND BEEF 8/5#
(#4325) 80/20% GROUND BEEF — 4/10#
(#4326)*FRESH** 80/20% GROUND BEEF 4/10#
(#4328)80/20 GROUND BEEF 4/10# WHITE BOX
(#4329) ‘RPQ’ 80/20% GROUND BEEF 4/10#
(#4335)80/20% GROUND BEEF 2/5# — PRINTED
(#4610) 85/15% GROUND BEEF 4/5#
(#4615) 85/15% GROUND BEEF 8/5#
(#4625) “RPQ” 85/15% GROUND BEEF 4/10#
(#4630) 85/15% G B 4/10# CLEAR–generic
(#4915) 90/10% GROUND BEEF — 8/5#
(#4925) 90/10% GROUND BEEF 4/10# / WHITE
(#4930) 90/10% G B 4/10# / CLEAR–generic
(#4980) 93/7% GROUND BEEF 4/10#
(2714) HEARST 80/20 PATTIES 5/1R –10#
(2715) HEARST GROUND BEEF 12/1# RETAIL

These products were produced between the dates of Oct. 2, 2009 through Jan. 12, 2010 and were distributed to retail outlets and institutional foodservice providers in California, Texas, Oregon, Arizona and internationally.

Product Liability Lawyers

The government agencies and the company are concerned that some product may still be frozen and in consumers’ freezers. The FSIS strongly encourages consumers to check their freezers and immediately discard any product that is the subject of this recall.

The FSIS also advises we should all safely prepare our raw meat products, including fresh and frozen, and only consume ground beef that has been cooked to a temperature of 160° F. The only way to confirm that ground beef is cooked to a temperature high enough to kill harmful bacteria is to use a food thermometer that measures internal temperature.

Consumers may call a company sponsored help desk at (866) 221–6474. They may also log on to: www.valleymeat.com/our–team/recall–information/

This is also a very serious recall because many of these patties can also still be stored or used by restaurants. If you found that you or a loved one was stricken by a serious foodborne illness that caused hospitalization, severe pain and suffering, and extended periods lost from work then you may be entitled to compensation.

Call the skilled Product Liability Lawyers at Phillips Webster for a free consultation.

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Tags: defective product attorneys, defective product Lawyers, defective products, product liability lawyers
Posted in Defective Product, Medical Injury, Product Liability, personal injury

Defective Product Lawyers: Tacoma Child Nearly Strangled Prompts Smith and Noble Recall; 1.3 Mil. Blinds

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July 28th, 2010: Law Blogger

During the day the Puget Sound can still be dark with all of the cloud cover. To get some natural light into the house most people pull up their blinds all the way. This leaves the cord hanging down. Generally, blind cords are split into two and connected at the bottom to keep them from tying or tangling and also to assure that the blinds go down evenly.

When a child plays with the cords, they can pull, the blind’s weight goes down, the cord slides under the chin of the child and suddenly the child is struggling for breath, not strong enough to lift the blinds or remove the cord.

It can be a parent’s worst nightmare, but what happened in 2009 threw a Tacoma mom into a panic and prompted the Consumer Product Safety Commission (CPSC) and Smith and Noble (a manufacturer and distributor of window blinds based in California) to recall 1.3 million Roman shades and roller shades nationwide.

Blind Recall

Grace Meacham of Tacoma, described the May 2009 incident when her 5 year-old son, Jake, had been playing near the shades cords. “I was looking the other way, and he put it around his neck, and it caught behind his ears.” She said, “He stepped off the ledge, or fell off. He was dangling and couldn’t speak.”

Luckily Jake was able to get untangled and survived to become your typical 6-year-old boy, but he is just one of the thousands of young victims that has prompted millions of blinds and shades to be recalled for posing a strangulation hazard over the past several years.

The CPSC and Smith and Noble in this specific case is recalling 1,160,000 Roman shades and 115,000 roller shades. The CPSC describes on their website:

Roman Shades: Strangulations can occur when a child places his/her neck between the exposed inner cord and the fabric on the backside of the shade or when a child pulls the cord out and wraps it around his/her neck.
Roller Shades: Strangulation can occur if the shade’s continuous loop cord is not attached to the wall with the tension device provided and a child’s neck becomes entangled in the free-standing loop.

The Smith and Noble blinds were sold on the company’s website and through its catalog between 1998 through April 2010.

If you have these blinds and have children, often have visiting grandchildren, or have friends with small children who frequently visit you are urged to call for a free repair kit, call 800-506-4636.

Defective Product Lawyers

In June of this year the CPSC warned all window blind and shade manufacturers that their products are responsible for one child strangulation incident each month. The agency warned that the industry must seek safer methods or they will face new regulations.

In reaction to this, Bernie Paul, who owns Horizon Blinds of Tacoma, says companies have developed new technologies specifically to avoid risk. “I often recommend systems that have a cordless built in, so there won’t be any issues,” he told a reporter.

New technology is a step in the right direction, but many times companies aren’t prompted to change their technology without a financial reminder that they cannot create a product that could potentially bring harm to people, especially children, without serious monetary consequences.

Defective product litigation is many consumer’s only recourse to changing corporate policies in the safety of their goods. Corporations naturally go towards the cheapest mode of production and design to achieve the highest profitability. It is the consumer’s right to seek monetary accountability for this behavior.

If you or a loved one have been suffered serious personal injuries or wrongful death due to the defective design of any kind of blind or window shade system call Phillips Webster for a free consultation as to how you can get the compensation you deserve.

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Tags: defective design, defective product attorneys, defective product Lawyers, defective products
Posted in Defective Product, Neck Injury, Product Liability, Wrongful Death, personal injury

Product Liability Attorneys: Fresh Express Romaine Lettuce Recalled for E. Coli

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July 15th, 2010: Law Blogger

There is a misconception that veggies can’t give you food borne diseases such as E. Coli and Salmonella like beef or chicken, but they most certainly can. The giant spinach recalls of the past should be a clear indication of that. Now, Fresh Express, a national mixed salad manufacturer out of California found a bacteria what they thought was just an isolated problem in California is actually spread across the country.

That’s why they are voluntarily recalling certain Romaine lettuce salad products because they may be contaminated with E. coli.

The affected Romaine lettuce products have use-by dates of July 8, July 9, July 10, July 11 and July 12, and have an “S” in the product code. The salad products were distributed in California, Arizona, Arkansas, Colorado, Hawaii, Idaho, Kansas, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Wyoming, Washington and Nevada.

No other Fresh Express salads are included in the recall and no illnesses have yet been reported in association with the recall.

The recall was announced due to a random sample test conducted by the Food and Drug Administration (FDA), which detected a positive result for the bacterium in one package of Fresh Express Hearts of Romaine salad.

This is the second recall by Fresh Express in two months. In May, the company recalled Romaine ready-to-eat salads due to a possible salmonella contamination.

Both salmonella and E. coli cause severe digestive problems and can lead to death in elderly people, children, and people with low or compromised immune systems.

Consumers or retailers with any remaining expired product should not consume it, but rather discard it, the company said. Anyone with questions may call the Fresh Express Consumer Response Center at (800) 242-5472, Monday – Friday, 5 a.m. – 8 p.m., Pacific Time.

If you or a loved one are severely sickened or hospitalized by Fresh Express Salad Mixes then you need a skilled lawyer with experience in Product Liability Litigation to assure that you get the compensation you deserve. Call Phillips Webster for a free consultation.

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Tags: defective product attorneys, defective products, product liability lawyers
Posted in Defective Product, personal injury

Defective Product Lawyers: Pottery Barn Recall Could Mean End of Drop-Side Cribs Once and For All

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July 15th, 2010: Law Blogger

If you are a regular reader of this blog you will know that the drop-side crib issue is a big issue that we’ve been following diligently. When the chairwoman of the Consumer Product Safety Commission (CPSC), Inez Tenenbaum, came on board as the head of the government regulatory agency, she voiced a deep concern for the issue drop-side cribs and over the past year has worked vigorously to deliver on that promise with positive results.

The writing was on the wall last June when the CPSC announced the recall of 2.2 Million drop-side cribs from 8 separate manufacturers in the largest single day recall of its kind in the agency’s history and essentially dropping the hammer on companies that manufacture the defective cribs.

The CPSC is also proposing to ban the manufacture, sale and resale of the cribs. It wants all drop-side cribs taken out of stores, hotels and daycare centers. This comes amid a new recall by Pottery Barn for of its drop-side cribs.

Drop-Side Crib Recall

The government took decisive action Wednesday toward eliminating from stores, hotels and daycare centers any crib with a side rail that can be raised and lowered, the definition of drop-side cribs. The push to ban drop-sides came as the commission announced the recall of 82,000 cribs from popular retailer Pottery Barn Kids.

Drop-side cribs have been on the market for decades. They have come under scrutiny in recent years because of serious problems due to cheap hardware that can lead to the drop-side rail partially detaching from the crib. When that happens, it can create a dangerous “V”-like gap between the mattress and side rail.

The CPSC said because of this, the cribs could pose a suffocation or entrapment risk to young children as the drop-side gate of the cribs cause serious personal injuries or wrongful death due to suffocation or trauma. The defective cribs have been blamed in the deaths of at least 32 infants and toddlers in the last decade and are suspected in another 14 infant fatalities. In the past five years, more than 9 million drop-side cribs have been recalled.

With Wednesday’s vote, the CPSC agreed to develop a new standard to make cribs with four fixed sides mandatory. It also proposed more stringent tests for cribs and the use of more durable materials, such as metal screws instead of wooden ones. Also, the design must be very uniform and not have gaps large enough to fit a child’s head.

All Pottery Barn Kids drop-side cribs regardless of model number are being recalled. The company is offering free kits to immobilize the drop-side rail of the cribs.

Crib-makers have already started phasing out drop-sides and big retailers such as Babies-R-Us, Baby Gap, and Walmart aren’t selling them. An organization that sets voluntary industry standards, ASTM International, backed a drop-side ban late last year.

CPSC’s vote on Wednesday for a new crib standard will be followed by a comment period, with a final rule and vote expected in December. If approved, the new standard would probably not become effective until next summer. Some speculate that most of the cribs, if not all, will be off of the market and only found second hand.

We stress that it would be unwise to buy these products even second hand and for the safety of child that parents only use CPSC approved products that fit within the current specifications or the newer ones coming out later this year.

If you or someone you know has had a child that has been injured in a Drop-Side Crib then it is important that you find experienced representation that can seek the compensation you deserve. Call the defective product lawyers at Phillips Webster for a free consultation.

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Defective Product Lawyers: Johnson and Johnson Expands Tylenol Recall to Motrin & Benedryl

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July 8th, 2010: Law Blogger

How is Johnson and Johnson (J&J) like a pop rock radio station? Well, the hits keep on coming of course. J&J and their subsidiary McNeil Consumer Healthcare have initiated their 6^th recall this year, further besmirching an already overly-smirched reputation.

Many don’t remember the 1982 debacle in which Tylenol users were literally getting poisoned. Seven unfortunate customers died from cyanide poisoning. The company had to recall all 31 million bottles of Tylenol in the first recall of its size ever in the country. That inspired legislators to change the rules and require all over the counter drugs have tamper proof packaging.

The crime was never solved.

But in this instance the culprit is fully known and that culprit would be McNeil, the manufacturer of many of the adult and children’s over the counter drugs J&J produces. Most of the recalls are due to the conditions of the plant in which the drugs are manufactured leading to the various complaints that spurred the recall, foreign particles floating in the products, inconsistent doses, antibiotic resistant bacteria, and the reason for today’s recall, a musty odor due to the wooden pallets the products are transported on.

Tylenol Recalls

J&J announced the recall of 21 more lots of Tylenol and other over-the-counter medicines. The giant pharmaceutical company said the action, like one announced three weeks ago involving Tylenol and Benadryl, is a follow-up to a recall on January 15 that involved 53 million bottles of various products including many of the children’s medicines they produce.

McNeil Consumer Healthcare said today that it was now recalling various brands of Tylenol for children and adults and several forms of its Benadryl allergy tablets and Motrin painkiller.

“These lots are being added to the list of recalled products as a precautionary measure after a continuing internal review determined that some packaging materials used in the lots had been shipped and stored on the same type of wooden pallet that was tied to the presence of TBA in earlier recalled lots,” J&J said in a release. ” The lots were sold in the United States, Fiji, Guatemala, the Dominican Republic, Puerto Rico, Trinidad and Tobago and Jamaica,” they added.

TBA ( 2,4,6-tribromoanisole) is a chemical the company uses to treat the wooden pallets.

The Food and Drug Administration (FDA) has come down hard on the company. One of McNeil’s three main factories, located in Ft. Washington, Pennsylvania, has been shut down while the company tries to fix multiple deficiencies cited by the FDA. The factories in Puerto Rico have also been cited and are under investigation for serious sanitation violations.

Johnson & Johnson’s other recalls:

November 2009 - five lots of Tylenol Arthritis Pain 100 count with the EZ-open cap were recalled for unusual odor leading to nausea, stomach pain, vomiting and diarrhea.
December 2009 - the recall was expanded to include all product lots of Tylenol Arthritis Pain caplet 100 count bottles with the red EZ-open cap.
January 2010 - the recall was widened to an undisclosed number of Tylenol, Motrin and other over-the-counter drugs after complaints of consumers feeling sick from an odor.
May 2010 - 50 children’s versions of these nonprescription medicines were also recalled because of quality and safety concerns. Following the pediatric medicine recall, Johnson and Johnson suspended production at McNeil’s facility in Fort Washington, Pennsylvania, that manufactured the children’s drugs.
June 2010 - McNeil disclosed it was voluntarily recalling four lots of Benadryl Allergy Ultratab Tablets (100 count) and one lot of Extra Strength Tylenol Rapid Release Gels (50 count).

Defective Product Lawyers

J&J had learned as early as November 2008 that certain Motrin pills wouldn’t dissolve appropriately, thus reducing or completely negating their effectiveness. The company put a hold on lots at its distribution center. Then, instead of issuing a recall, they hired a contractor to sample some of the eight-count packages on store shelves to see if a recall was necessary, according to an FDA document.

The contractor, according to documentation provided to the FDA as part of their investigation, was then ordered to buy the pills from the shelves rather than announcing their findings to the public or to the FDA. This may have put the public whom had already purchased the product in jeopardy.

Then, last year, J&J announced plans to cut 8,200 jobs, or 7% of its work force, as part of a broad restructuring that aims to achieve $1.7 billion in yearly savings by 2011. J&J executives also recently moved to standardize compensation across the company.

During a U.S. House Committee on Health, Education, Labor, and Pensions hearings into the recalls speculated that it was the cost cutting measures that led to the serious sanitation and quality control problems. J&J’s consumer business, which includes the McNeil unit and other companies, had $15.8 billion in sales and $2.48 billion in profit in 2009.

Phillips Webster represents consumers and their loved ones in personal injury and wrongful death lawsuits resulting fromdefective drugs. If you or someone you know has been affected by the serious problems surrounding Children’s Tylenol or PediaCare products it is important to have experienced representation on your side to assure that your voice will be heard and that you receive the compensation that you deserve. Call the defective drug lawyers at Phillips Webster for a free consultation on your legal options.

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Posted in Defective Drugs, Defective Product, Product Liability

Defective Product Lawyers: Spinach Recalled in Washington for E. coli

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July 8th, 2010: Law Blogger

In the last few years spinach growers, packagers, and distributors have had big problems with E.coli bacteria sickening customers and spurring massive expensive recalls that have left some people who used to eat prepackaged spinach a little skeptical and consuming less. So the industry has been very diligent with their recalls prior to customers becoming sick and today’s recall is evidence of that.

Ready Pac Foods Inc., a large southern California produce company based in Irwindale, has recalled some 700 cases of bagged spinach salad that they suspect might be contaminated with E. coli.

The recall applies to salad mixes in the Spinach Temptations line of six-ounce bagged salads with a July 4 use-by date and product code I1707B, IR127121 and to products with a July 8 use-by date and code I2007B, IR130373.

The bags of tainted spinach were sold in California, Washington and Arizona.

For more information, call Ready Pac Consumer Affairs at 800-800-7822 from 8 a.m. to 5 p.m. to obtain information about a refund.

E. coli is a potentially deadly germ that can cause bloody diarrhea, dehydration and, in the most severe cases, kidney failure. It is especially detrimental to young children, the elderly, and people with sensitive immune systems. Food-borne illnesses like E.coli cause approximately 81 million illnesses in the US every year causing around 9000 deaths.

If you or someone you know has been rendered severely ill leading to debilitating medical issues or death it is imperative that you find skilled legal counsel right away to assure that you receive the compensation you deserve. Call the defective product lawyers at Phillips Webster.

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Posted in Defective Product, Wrongful Death, personal injury

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