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Posts Tagged ‘defective product attorneys’

What Are Some of the Most Dangerous Toys for 2011?

defective design, defective product attorneys, defective product Lawyers, defective products, defective toy attorney, defective toy lawyers, product liability attorneys, product liability lawyers

November 30th, 2011: Law Blogger

Every year people go out to stores small and large looking for toys for their kids, grand kids, nieces and nephews. Once you get there you realize that there are so many in an ocean of dazzling colors that it’s enough to give you a seizure. Which one to pick?

Well, when it comes to the topic of safety and better question to ask yourself is which one NOT to pick. That’s what the US Public Interest Research Group’s (PIRG) annual report on safe toys is all about. Along with help from the Consumer Product Safety Commission (CPSC) they set them in categories.

Toys With A Potential Chocking Hazard

Choking on small toy parts, on small balls, on marbles and balloons continues to be the major cause of toy-related deaths and injuries. Between 1990 and 2010, over 200 children died from a choking incident.

To test a chocking hazard can be done at home by simply setting the toy or toy part in a standard toilet paper tube — it’ll be about 1.75 inches in diameter. If a toy, toy part or ball fits in it, it’s too small for kids who put things in their mouths.

Latex balloons are not recommended for children under 8. Broken latex balloon parts on the floor are very dangerous to toddlers and crawlers, but even older children are at risk for inhaling a piece of a balloon that explodes while being inflated.

Toys that PIRG says have pieces that are potential choking hazards include:

  • Wooden blocks set (ToySmith)
  • Sesame Street Oscar Doll (Sesame Workshop)
  • Dinosaur multi pack, similar sea life and turtle packs (Greenbrier International)
  • HABA fruit in a bag (HABA)
  • Green rubber grape (iwako)
  • Orange bear (4M2U)
  • Flat baby blocks and square counting blocks (Greenbrier International),
  • 4 dollar box items (Rhode Island Novelty)
  • Play ball x2 (Squishland)

Toys With A Potential Toxic Hazard

Dozens of studies have shown negative health effects of exposure to phthalates (plastics that break down into toxins) into in the womb or in child development. Environmental Protection Agency studies show exposure leads to an increase in premature delivery and reproductive defects. The Consumer Product Safety Improvement Act of 2008 permanently banned toys containing three phthalates and set temporary limits on three others. No toy or childcare article can contain more than 1000ppm of each of the six phthalates.

There is also a fear that the toy could contain lead. Lead has been show to be toxic to all human beings, lowering immune systems, and causing serious problems in the nervous system, kidneys, liver, blood, and bones. This could cause death.

Toys were found to be potentially dangerous due to higher levels of lead or other toxic chemicals than PIRG considers acceptable:

  • Funny Glasses (Joking Around)
  • Sleep Mask (Claire’s)
  • Little Hands Love Book (Piggy Toes Press)
  • Whirly Wheel (LL)
  • Spritz Medals (Spritz)
  • Hello Kitty eyeshadow/keychain (Hello Kitty)
  • Tinkerbell Watch (Disney Fairies)
  • Peace Sign Bracelet (Family Dollar)
  • Honda Motorcycle (Honda)

Toys With A Potential Noise Hazard

A National Health and Nutrition Examination Survey showed one in five U.S. children will have some degree of hearing loss by the time they reach age 12; this may be in part due to many children using toys and other children’s products that emit loud sounds such as music players. The National Institute on Deafness and other Communication Disorders advises that prolonged exposure to noise above 85 decibels (equal to a train whistle or loud traffic) will cause gradual hearing loss in any age range. Many toys exceed this.

The PIRG noise hazards list includes:

  • Elmo’s World Talking Cell Phone (Fisher-Price)
  • Victorious Stereo Headphones (Nickelodeon)
  • Hotwheels’ Super Stunt RAT BOMB (Hotwheels)

Hazardous Toy Recalls

Last year, the CPSC recalled almost 200,000 individual toy units for violations of lead standards. Lead, when ingested, interferes with nervous system development and causes a host of other health issues. That makes it hazardous for anyone, but extra dangerous for children — and a bad idea on anything they might put in their mouths.

Also last year, the CPSC recalled more than 3.5 million toys and other children’s products because of choking hazards. Since 1990, of the more than 400 children’s deaths associated with toys, more than half were caused by choking on balloons, small toy parts and small balls.

“It is very important for parents who have older kids, as well as little ones who still put things in their mouth, to keep the older kids’ small toys and balls away from the younger children,” says PIRG.

Defective Design Lawyers

This is not just a warning for Christmas, but year round people should check the recall and ban list before they go shopping for toys of any occasion. When recalls are announced, it is generally done as a preventative measure not as a reactionary measure, though too many times they are in reaction to tragic circumstances such as the wrongful death or serious injury of a child. This is when parents need experienced representation to seek the justice.

If you or a child are seriously injured or hospitalized by Fisher-Price products 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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Am I Infected With A Foodborne Illness?

defective product attorneys, defective product Lawyers, defective products, foodborne illness, recall, recall attorneys, recall lawyers

September 30th, 2011: Law Blogger

We’ve all probably been inflicted with a foodborne illness at some point in our lives. They are incredibly painful and unexpected. Adults expect to stay in the bathroom for a long time, hope that over the counter remedies will ease the pain, and sometimes are forced to go to the hospital. Once they get there, they often find that their symptoms are required to go through the cycle, but at least there’s a professional there to assure that the patient is hydrated and stays alive. In the case of an elderly person, small child, or adult with a compromised immune system, death may be unavoidable depending on the severity of the poisoning.

Foodborne illnesses are caused by eating food or drinking beverages contaminated with bacteria, parasites, or viruses. Harmful chemicals can also cause foodborne illnesses if they have contaminated food during harvesting or processing. Most foodborne infections are undiagnosed and unreported, though the Centers for Disease Control (CDC) estimates that every year about 76 million people in the United States become ill from pathogens, or disease-causing substances, in food. Of these people, about 5,000 die.

Some of these can be avoided by identifying the symptoms, the type of illness, and deciding to seek help sooner than later.

Symptoms of a Food Borne Illness

The symptoms of a foodborne illness is very similar to that of the stomach flu virus, which can be just as dangerous. Though it may not last as long, foodborne illnesses can be more violent and excruciatingly painful. These reasons alone are a good reason to go to the emergency ward for relief.

Abdominal cramps – The cramping for a foodborne illness is somewhat unique as it can come in waves, but you may find yourself lying on the floor in fetal position begging for relief about every five or ten minutes. If it stays constant, go to the hospital.

Nausea and vomiting – Many times the illness comes after everything is digested, so you may find yourself dry heaving or even spitting up stomach acid. If you are extricating yellow or bloody substances, seek immediate medical attention.

Diarrhea – This is probably the largest culprit to dehydration, a major problem with foodborne illnesses. If there is blood at any time in the stool, seek immediate medical attention.

Fever – Fevers are common and you should take your temperature. Once you are over 102º, you are dangerously hot and should seek medical attention.

Dehydration – Like we said above, this is one of the largest concerns for medical professionals and can be alleviated through drinking lots of liquids or IV solution administered at the hospital.

Types of Food Borne Illnesses

Some illnesses get more airplay in the media, not because they are more common, but because they are more familiar. Many people can get varying exposures to each of the ailments listed below throughout their lifetimes and not even know that they’ve been run the gamut.

E. coli O157:H7 – This is a bacterial pathogen humans typically get ill from following the consumption of food or water that has been contaminated with microscopic amounts of cow feces. The symptoms are often severe and bloody diarrhea and painful abdominal cramps, without much fever. In 3% to 5% of cases, a complication called hemolytic uremic syndrome (HUS) can occur several weeks after the initial symptoms. This severe complication includes temporary anemia, profuse bleeding, and kidney failure.

Salmonella – This is also a bacterium that is widespread in the intestines of birds, reptiles and mammals. Humans can catch it via a variety of different foods of animal origin.  The illness typically includes fever, diarrhea and abdominal cramps. For people with poor health or weakened immune systems, it can invade the bloodstream and cause life-threatening infections.

Campylobacter – This is considered the most commonly identified bacterial cause of diarrheal illness in the world. It is a bacterial pathogen that causes fever, diarrhea, and abdominal cramps. These bacteria live in the intestines of healthy birds, and most raw poultry meat has Campylobacter on it. Eating undercooked chicken, or other food that has been contaminated with juices dripping from raw chicken is the most frequent source of this infection.

Calicivirus, or Norwalk-like virus – This is also an extremely common, yet fairly underpublicised cause of foodborne illness. It is rarely diagnosed, because the laboratory test is not widely available. It causes an acute gastrointestinal illness, usually with more vomiting than diarrhea, that resolves within two days. Unlike many foodborne pathogens that have animal reservoirs, it is believed that Norwalk-like viruses spread primarily from one infected person to another.  Infected kitchen workers can contaminate a salad or sandwich as they prepare it, if they have the virus on their hands.  Infected fishermen have contaminated oysters as they harvested them.

Listeria – Listeriosis is a serious infection usually caused by eating food contaminated with the bacterium Listeria monocytogenes. The disease primarily affects older adults, pregnant women, newborns, and adults with weakened immune systems. If you develop fever and chills while pregnant or if you are very sick with fever and muscle aches or stiff neck, consult your doctor immediately. A blood or spinal fluid test (to look for the bacteria) will show if you have listeriosis.

Product Liability Lawyers

Contracting these illnesses are very common in places like BBQs and restaurants that may not properly store or prepare their food. I know, it may seem crazy , but it happens. Further, the products that are both grown and manufactured, if not properly handled and transported, can end up with serious contamination over a whole shipment causing people across whole states or sections of the country to become sick. Coming in contact with these instances it is absolutely critical that you inform the CDC immediately to avoid further illness or death.

If you or someone you know has became seriously ill and had to be hospitalized as a result of product contamination, then it is important that you find an experienced Product Liability Attorney to represent you so that you receive the compensation you deserve. Call the Product Recall Attorneys at Phillips Webster for a free consultation.

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Jogging Strollers Recalled for Laceration and Amputation Hazards

defective product attorneys, defective products, Product Liability, Stroller Recall

January 21st, 2011: Law Blogger

Product Liability LawyersThe Northwest is a giant market for jogging strollers for the basic fact that regular strollers tend to fall over when you go faster than a casual stroll. That and the fact that there are tons of people love to run around things like Green Lake or along things like the Burke Gilman Trail and don’t feel the need to get a baby sitter to do it. Thus the jogging stroller was invented. Of course, with every invention, there are hazards like the one that spurred the recall today.

The U.S. Consumer Product Safety Commission (CPSC) and Health Canada, in cooperation with phil&teds USA Inc., of Fort Collins, CO, announced today a voluntary recall of their line of phil&teds Jogging Stroller, the line aptly named “Jogging Stroller.” About 22,000 units are being recalled in the United States and 7,200 in Canada.

Stroller Recall

These strollers look like terrible designs to begin with. They have all of the dangerous design of the old stroller such as flimsy seating and small cheap wheels. But these units only have three wheels, all of the same size, giving the stroller less stability than if it had four cheap wheels. You would think that this is why they are being recalled. But no! They’re being recalled because they’re a hazard to the parents.

Since the units hit the market in 2008, the company has received three reports of incidents resulting in injuries to the adult users including a finger tip amputation and two reports of lacerations. This happens when folding and unfolding the stroller, a consumer’s finger can become caught in the hinge mechanism, amputating it causing a deep gash.

The designer and importer, phil&teds, has these produced in China. They were sold at Specialty juvenile stores nationwide from May 2008 through July 2010 for between $350 and $450.

Specifically, the recall involves “sport v2” and “classic v1” model single-seat jogging strollers. These products are pretty standard in design but are discernable from the rest of the market since they lack the common feature of the two large back wheels. They’re strollers built to look a little like a common stroller with a metal frame, cloth seat and a canopy, but instead of four wheels they are three-wheeled units.

The sport v2 model stroller was sold in red, orange, green, black, charcoal, navy and in graffiti print. Sport v2 serial numbers included in the recall are 0308/0001 to 0510/0840. The classic v1 model strollers were only sold in red. Serial numbers for the classic v1 are 0308/0001 to 0510/0906. The first four digits of the serial number is a month/year date code and the last four digits are for the individual stroller. Serial numbers are printed on the inside of the folding hinge. The phil&teds logo is located on the crotch piece of the harness on both models.

Phil&ted’s website addresses the recall by saying, “We are extremely proud of our safety record, our proactive approach to product management, and our long term relationship with parents, all over the world.  Sometimes, new concerns arise outside the testing and production framework that require immediate attention. We are proud to make positive, pro-active product improvement measures.”

The CPSC says that consumers should immediately stop using the recalled strollers and contact phil&ted USA to arrange for the shipping of a free hinge-cover kit and repair instructions. For additional information, contact phil&teds USA at (877) 432-1642 between 9 a.m. and 7 p.m. ET Monday through Friday or visit the company’s website at www.philandteds.com/support.

Product Recall Lawyers Protect Consumers

There is a reasonable expectation that these products will do what they are manufactured to do, which is transport your child safely and collapse into an easily transportable unit. If these units are hazardous in these processes then the company is liable for the design flaws the cause the injuries to your child. Many parents agree and have decided to hire a defective design lawyer with years of experience in defective design litigation.

If you or someone you know has a child that has been injured by a Graco product, some of the best advice you can get is to find experienced council to be able to walk you through a product liability lawsuit so that you’re compensated adequately. Call a Stroller Recall Attorney at Phillips Webster for a consultation and to find out your legal options.

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CPSC Recalls White-Rodgers Thermostats Due to Fire Hazard and Property Damage

defective design, defective product attorneys, defective product Lawyers, defective products

January 14th, 2011: Law Blogger

Defective Design LawyerThere have been multiple recalls of both heaters and air conditioners due to fires. That’s logical right? The heaters using heat elements is a fire hazard in itself. The air conditioners overheat due to over use and, along with the drying heat, the home goes up like a match stick. But who’s to know the unit that regulates the whole process could be a danger.

Now, the U.S. Consumer Product Safety Commission (CPSC) and Health Canada, in cooperation with White-Rodgers of St. Louis, Missouri, today announced a voluntary recall of their home heating and cooling thermostats. The CPSC and the company are advising customers to stop using recalled products immediately due to fire hazard.

Defective Product

The problem is that the unit constantly charge the backup AA batteries used to power the thermostat’s clock. This is a major design flaw that in fact has caused problems in many other products. This can cause the batteries to leak, resulting in a fire hazard as the battery acid comes in contact with electrical wiring. It is a design flaw that should have been noticed and considered upon design and testing of the unit.

The CPSC initiates a recall with the philosophy that there are more people who do not report problems rather than people who do. White-Rodgers is aware of three incidents involving minor property damage. No injuries have been reported.

Defective Design AttorneyThe recall units, manufactured in China, specifically involves all White-Rodgers programmable thermostats with model numbers 1F88-XXX and 1F85RF-275 and date codes beginning with 05, 06, 07, 08, 09 and 1001 through 1039. The model number is printed on the thermostat’s front pull-down panel door. The date code is located inside the removable front cover.

You know that you have one of these because the White-Rodgers and/or the utility company’s name and logo are printed on the front of the thermostat. The reason why the power company’s logo is on there is because these thermostats are able to be controlled by power companies in homes that took part in energy demand reduction programs.

Some states bought them by the thousands and installed them. More than 40 utility companies to consumers nationwide who took part in energy conservation programs and by various HVAC wholesalers for about $150.

The CPSC is advising consumers to remove the two AA batteries from the thermostat and contact White-Rodgers for a free repair kit. If battery removal causes changes in furnace operation, contact White-Rodgers. For additional information, contact White-Rodgers toll-free at (888) 624-1901 between 7 a.m. and 6 p.m. CT Monday through Friday or visit the firm’s website at www.regcen.com/Thermostat.

Defective Design Lawyers Represent Consumers

It is the responsibility of the company to adequately design and test their products prior to rolling them out to the market for consumers to purchase. Of course there are long term problems that can’t be predicted, but there is also research available in products produced in the past that set a precedent for hazards that can effect a myriad of other products in the future. The constant charging of battery units is one of those design flaws.

If you or a loved one have experienced property damage or a full fire or suffered serious personal injuries or wrongful death due to the defective design call Product Liability Lawyers at Phillips Webster for a free consultation as to how you can get the compensation you deserve.

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$22.8 million Awarded in Wrongful Death Lawsuit Over Defective Tires

defective product attorneys, defective products, ford, product liability attorneys, product liability lawyers, Washington wrongful death lawyer, Wrongful Death

January 12th, 2011: Law Blogger

Defective Product LawyersCutting corners just makes good business sense right? Well, not when it comes at the expense of the lives of your customers. As product liability lawyers we can tell you first hand that some things just need to be chalked up to the cost of doing business.

The hundreds of recalls we’ve reported to you over the years that cost retailers and manufacturers billions of dollars annually in both the cost of the recall and lawsuits don’t seem to sink in. And now, because of cutting corners, three boys are without parents and a California Ford dealership is readjusting its business model.

Yesterday, a San Diego County, California jury returned a record wrongful death verdict of $14,465,864 for the deaths of two parents against a Ford dealership. Before the trial, a settlement was reached with other defendants for $8,300,000, bringing the total to $22,763,000. This is the largest in the history of San Diego County, California for such a case.

The lawsuit and verdict stems from a July 31, 2006, accident in which Casey Barber was driving his Ford E350 Sportsmobile van on Highway 98 near Page, Arizona with his wife Melanie. The right-rear tire-tread suddenly separation caused the vehicle to lose control and roll over. The two suffered fatal personal injuries in the crash.

The Barbers are survived by their three young sons, who were the plaintiffs in the lawsuit.

They had bought their vehicle from a Mossy Ford of San Diego. Plaintiffs’ counsel proved at trial that Mossy Ford improperly failed to take the tire out of service in August of 2005 and instead performed a faulty tire repair. This conduct caused the tire tread separation and led to the fatal rollover accident.

As a condition of the post-verdict settlement, the Barber family insisted that Mossy Ford agree to immediately begin to follow industry guidelines regarding tire repair practices and to implement a training program to better train its technicians about safe tire repair practices to improve consumer safety.

Mossy Ford agreed to these settlement conditions.

This tragic story may seem like it has a silver lining, but the only silver lining would have been if the Barbers had survived and recovered from their injuries. Perhaps this verdict, and lawsuits like it will prompt other dealerships around the country to be more diligent about their business practices.

Phillips Webster had no involvement in this lawsuit.

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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GE Dehumidifiers Recalled Over Fume and Fire Hazard

defective design, defective product attorneys, defective products, product liability attorneys, product liability lawyers

January 11th, 2011: Law Blogger

Product Liability AttorneyIf you use a dehumidifier then you know how much they improve your life. Many people use them because they are essential to keeping their living environment livable by reducing, eliminating, or preventing mold and mildew from collecting. The units also reduce the number of insects in the home, as cockroaches and mosquitoes love humidity. They do this by pulling the humidity from the air of a room or area.

As great as they are in humid climates and for people with serious breathing issues, they also can make things very dry around the house, promoting the chance of flammability. That’s why it is so important that they do not cause fires or emit fumes.

This need for dehumidifier safety has caused the U.S. Consumer Product Safety Commission (CPSC), in cooperation with General Electric (your trusted name in everything from dishwashers to land-to-air ballistic missiles) and CEM Global (of China), announced today a voluntary recall of GE Dehumidifiers and CEM Professional Series Dehumidifiers.

Dehumidifier Recall

GEA Products L.P., of Louisville, Ky., and CEM Global LLC have their humidifiers produced by the same Chinese manufacturer, GD Midea Air Conditioning Equipment Ltd., of China. The manufacturer and the CPSC has been informed that a component in the dehumidifier’s compressor can short circuit, posing a fire hazard to consumers.

This action comes in reaction to Midea and GE having received a total of 14 reports of incidents involving smoke and fumes emitting from the unit and a total of 8 reports of fires. In 6 of the reported fire incidents, property damage extended beyond the unit. Luckily, no injuries have been reported.

GE and CEM are recalling all 30-pint and 40-pint portable dehumidifiers manufactured between November 2006 and August 2007, and during April 2008. The dehumidifiers are white with a front-loading water bucket and were sold at Walmart, Sam’s Club, Home Depot, Menards and other retail stores nationwide from February 2007 through June 2009 for between $140 and $180.

“GE” or “Professional Series” and digital controls are located on top of the dehumidifier. Model and serial numbers are located on the back of the dehumidifiers. Model and serial numbers included in the recall are:

Product Liability Lawyer

The CPSC is telling consumers to immediately stop using the recalled dehumidifiers and contact Midea to determine if their product is included in the recall. Consumers with recalled dehumidifiers can return the product to an authorized service center for a free repair. Consumers should not return the recalled dehumidifiers to the place of purchase.

For more information consumers should contact Midea toll-free at (877) 593-8721 between 8 a.m. and 5 p.m. ET Monday through Friday, or visit the firm’s website at www.recallverification.com.

Seattle Product Recall Attorneys

The CPSC often recalls products because with the theory that for every person that reports problems, there are 10 people that don’t. This could mean that there are people who have been effected by their dehumidifier either causing serious breathing issues or fires without understanding the consequences or their legal rights.

If you or someone you know suffered medical problems or property damage from their defective dehumidifiers, it is important that you find an experienced Product Liability Lawyer at Phillips Webster for a free consultation as to how you can get the compensation you deserve.

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Defective Tire Lawsuit Ends with $32.2 Million Supreme Court Verdict Against Goodyear

defective design, defective product attorneys, defective products, ford, goodyear, product liability attorneys, product liability lawyers

December 31st, 2010: Law Blogger

defective designIt’s been a very long road for a family in Nevada who have been seeking justice for the deaths of their loved ones. The single-vehicle crash occurred on Interstate 70 near Moab, Utah, when a tire blew out and the car overturned killing Evertina Tapia, Andres Torres and Frank Enriquez in 2004.

Relatives of the deceased and the children’s guardians sued the United States tire manufacturer. The wrongful death lawsuit also named Ford Motor Company, the manufacturer of the vehicle and Valley View Hitch & Truck Rental, who rented the defective vehicle to the deceased prior to the incident.

Both Ford and Valley View settled their cases out of court for an undisclosed amount, but Goodyear decided to take the fight to the bitter end, and both bitter and sour is what the 6-1 Nevada Supreme Court ruling and its verbiage seemed to imply with regards to the conduct of Goodyear throughout the process.

Goodyear and their legal team were told that this was the end of the line. This was their last appeal on a previous lower court ruling that had awarded the $32.2 million. Justice Mark Gibbons, the state court reaffirmed Clark County District Court Judge Sally Loehrer’s ruling. It already had upheld the decision in July.

Loehrer ruled Goodyear failed to produce a witness, gave improper responses to questions and took the tactic of “stalling, obstructing and objecting.” She decided the company could not present a liability defense but could argue only the amount of compensatory damages.

Supreme Court Justice Kristina Pickering, dissenting, said the District Court chose “to believe one side’s lawyers over another’s with no evidentiary hearing, no cross-examination and a genuine dispute over willfulness, fault and prejudice.”

This lawsuit is just one out of many involving the controversy surrounding Goodyear Tires and Ford Motor Company, which has already cost both companies millions in settlements and individual verdicts. It also touches on the controversy surrounding rental cars and the rental company’s reaction to recalls.

This is a prime example of the legal system working for victims in order to find justice through fair compensation due to negligence surrounding a defective design of a product that the companies may or may not have known were defective.

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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FDA Recalls Tons of Tiny Alfalfa and Spicy Alfalfa From Retail Outlets and Jimmy Johns

defective product attorneys, defective product Lawyers, defective products, product liability lawyers, recall, recall attorneys, recall lawyers

December 27th, 2010: Law Blogger

Product Recall AttorneyThe US Food and Drug Administration (FDA) announced today that they are recalling thousands of packages of Tiny Greens brand Alfalfa Sprouts or Spicy Sprouts from Tiny Greens Organic Farm of Urbana, Ill due to their link to several sickness caused by the deadly Salmonella infection.

Preliminary results of the investigation of a multistate outbreak of Salmonella infections indicate a link to eating Tiny Greens’ Alfalfa Sprouts at Jimmy John’s restaurant outlets, a chain of popular subshops. Approximately half of the illnesses occurred in Illinois, where nearly all of the ill individuals ate sandwiches containing sprouts at various Jimmy John’s outlets.

The FDA is recommending that consumers not eat Tiny Greens brand Alfalfa Sprouts or Spicy Sprouts. Restaurant and food service operators should not serve them. Consumers, retailers and others who have Tiny Greens Alfalfa Sprouts or Spicy Sprouts should throw them away in a sealed container since the disease can spread through insects, vermin, and stray house pets.

What is the Danger?

Most persons infected with Salmonella develop diarrhea, fever and abdominal cramps 12 to 72 hours after infection. The illness usually lasts 4 to 7 days, and most persons recover without treatment. However, some individuals may require hospitalization from severe diarrhea.

Salmonella infection may spread from the intestines to the blood stream and then to other body sites. It can cause death unless the person is treated promptly with antibiotics. The elderly, infants and those with impaired immune systems are more likely to become severely ill from Salmonella infection.

Consumers who think they may have become ill from eating contaminated sprouts should consult their health care providers.

Sprouts are a known source of foodborne illness. Since 1996, there have been at least 30 reported outbreaks of foodborne illness associated with different types of raw and lightly cooked sprouts. Most of these outbreaks were caused by Salmonella and E. coli.

But experts estimate that there are as many as 2 million foodborne illnesses every year in the United States and as many as 650,000 hospitalizations, many of these elderly and children. Food born illnesses are said to cost both employers and tax payers billions of dollars every year from lost time at work and health care subsidies for uninsured people.

Product Recall Attorneys Protect the Rights of Consumers

Currently, the FDA is investigating the problem in collaboration with the Centers for Disease Control and Prevention, the Illinois Department of Public Health and other states and is working with Tiny Greens. Jimmy John’s restaurants have voluntarily suspended serving sprouts at their Illinois franchise locations.

The authorities have suggested that the distribution could have been considerably wider and since the Jimmy John’s chain has entered the Washington State market in recent years, consumers should be aware of the recall and perhaps avoid ordering sprouts on your sandwich until the FDA is done with its investigation.

If you or someone you know has consumed sprouts from Tiny Greens Organic or Jimmy Johns and has 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 the Product Recall Attorneys at Phillips Webster for a free consultation.

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Sally Jackson Gourmet Washington Cheese Linked to E-coli Outbreak

defective product attorneys, defective product Lawyers, defective products, E-coli, Product Liability, recall

December 20th, 2010: Law Blogger

Product Liability LawyerLocally produced items are all the rage now and why shouldn’t they be? You support the local economy and local producers and you’ll be able to see the results in your community. But just because local producers are small operations doesn’t mean that they don’t fall under federal regulations.

A local cheese producer just over the mountains from Puget Sound is fully aware of that, but unfortunately they’re feeling the heat as some of their raw goat cheese product has apparently been recalled after making as few as 8 people in Washington, Oregon, and California sick from the food borne illness, E. coli.

Earlier this month, The Food and Drug Administration (FDA) was informed of an outbreak of E. coli O157:H7 infections by the Oregon Public Health Department (OPHD), WSDA, and the Washington Department of Health (WDOH). An investigation by these agencies in conjunction with Public Health of Seattle and King County has identified eight ill persons with the outbreak strain who were ill between September and November.

Food Borne Illness Outbreak

The investigation found that of the seven patients for whom food history is available, one person reported consuming Sally Jackson cheese, and four others may have consumed Sally Jackson cheese. Three of the four ill persons who may have consumed Sally Jackson cheese ate cheese from two restaurants serving Sally Jackson cheese, while the fourth tasted several cheeses that may have included Sally Jackson cheese. The remaining two patients consumed artisanal cheeses but do not know if it was Sally Jackson cheese. Analysis of cheese samples is currently in progress. This warning is to protect consumers until more information becomes available.

Sally Jackson brand cheeses made from raw cow, goat, and sheep milk were distributed nationwide. The cheeses were distributed to restaurants, distributors, and retail stores. The three types of cheese are all soft raw milk cheeses in various sized pieces. The products do not have labels or codes. The cow and sheep milk cheeses are wrapped in chestnut leaves, the goat cheese is wrapped in grape leaves and all are secured with twine. The cheeses may have an outer wrapping of waxed paper.

Unpasteurized raw milk in raw milk cheese is obtained from cows, sheep, or goats and is not pasteurized to kill harmful bacteria. This raw, unpasteurized milk can carry dangerous bacteria such as Salmonella, E. coli and Listeria, which are responsible for causing millions of food borne illnesses every year. These harmful bacteria can seriously affect the health of anyone who drinks raw milk or eats cheese and other foods made from raw milk. The bacteria in raw milk can be especially dangerous to pregnant women, children, the elderly, and people with weakened immune systems.

Symptoms of E. coli:

  • Diarrhea (Watery then Bloody)
  • Severe Stomach Cramps
  • Vomiting
  • Kidney Failure (renal failure)

Product Liability Lawyers Protect Victims

Sally Jackson Cheeses are produced on a 140 acre farm on fairly high elevation outside of the little town of Oroville in Washington. They say on their website that they are fully aware of the FDA regulation and stringently adhere to the FDA requirement of a 60 day aging process for raw milk cheeses. They have not specifically made a statement to address this recall.

The FDA has warned that if you have any Sally Jackson cheese products, you should place it in a sealed plastic bag, opened or unopened and return to the place of purchase. You can also dispose of the cheese, but it must be placed in a closed plastic trash can because animals can further spread the bacteria if they get to the product. Retailers and distributors should immediately pull all Sally Jackson cheese from their shelves. Restaurants should not serve Sally Jackson cheese and it should be properly disposed of. This will help prevent the spread of E. coli.

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 lawyersat Phillips Webster.

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CPSC Passes New Crib Safety Rules

defective product attorneys, defective product Lawyers, defective products, drop-side crib recall, drop-side cribs

December 17th, 2010: Law Blogger

Defective Crib AttorneyWhile cribs, bassinets and play yards are the safest places to set babies to sleep, more than 11 million cribs and numerous bassinets and play yards have been recalled since 2007. This is due to a push by the Consumer Product Safety Commission (CPSC) and further fueled by their new fearless leader, Chairman Inez Tenenbaum, who vowed on her first day to face the issue of unsafe drop-side cribs head on. She has voraciously lived up to that promise.

For crib makers and retailers alike, 2010 was a super busy year as they built up arm strength pulling millions of cribs off of the shelves. The manufacturers, also this year, worked closely with each other and CPSC officials to create a set of standards in the manufacturing of cribs that was previously one step above setting the child in a cardboard box. In creating these standards, some manufacturers invariably figured out that some of their defective and untested designs made a cardboard box look like a space age baby safety capsule.

Now, the standards have finally made babies the priority rather than sale-ability.

Baby Crib Design Standards

The whole point of this collaboration is to eliminate hidden hazards that caused the deaths of babies across the country. So on Wednesday the CPSC passed the toughest safety rules for cribs in history, including a strict ban on the sale and manufacture of models with sides that drop down.

Starting this summer, it will be illegal to sell a crib with sides that drop down or those that do not pass strict tests measuring the durability of fasteners, slats and mattress supports.

Defective Crib LawyerWhat happens is that the cribs’ drop-side rail can malfunction, detach or otherwise fail, causing part of the drop side to detach from the crib. When a drop-side rail partially detaches, it creates a space between the drop-side and the crib mattress. An infant or toddler’s body can become entrapped in the space, which can lead to strangulation and/or suffocation. A child also can fall out of the crib. Drop-side incidents also can occur due to incorrect assembly and age-related wear and tear.

The CPSC has since revealed that as many as 35 children have died of suffocation or strangulation between Nov. 2007 and April 2010 due to the “drop sides” of their cribs separated from the frame enough for them to slip through. Many others have suffered serious personal injuries resulting in brain injuries due to lack of oxygen, which can limit the child’s development and affect them throughout their adult lives.

The agency also says that they would like to take every drop side crib out of second hand stores and even garage sales. The new rules will make it illegal to sell nearly all used cribs, since few second-hand cribs will meet the tougher standards. Parents will be allowed to resell cribs that comply with the new safety rules.

The 53,000 child-care centers around the country will have two years to replace their estimated 935,000 cribs or face stiff fines.

Crib Safety

Beyond defective cribs, there are some important things that parents need to keep in mind even when placing their babies in a crib that was manufactured under the new regulations. As with any crib, bassinet or play yard, a few simple rules will keep babies sleeping safely and will give parents a better night’s sleep:

  • Pillows and Blankets – To prevent suffocation, never place pillows or thick quilts in a baby’s sleep environment. Also, make sure there are no gaps larger than two fingers between the sides of the crib and the mattress.
  • Crib Assembly – Many cribs come unassembled. Proper assembly of cribs is essential. Follow the instructions provided and make sure that every part is installed correctly. If you are not sure or are left with loose parts, call the manufacturer for assistance.
  • Old Merchandise – The CPSC warns to not use cribs:
    • Older than 10 years of age
    • Broken cribs
    • Modified cribs

Infants can strangle to death if their bodies pass through gaps between loose components or broken slats while their heads remain entrapped.

  • Play Yard Set Up – Set up play yards properly according to manufacturers’ directions. Only use the mattress pad provided with the play yard; do not add extra padding.
  • Crib Placement – Never place a crib near a window with blind, curtain cords or baby monitor cords; babies can strangle on cords.

“Keeping Babies Safe” is a non-profit organization dedicated to infant protection and parental education. They have partnered with the American Academy of Pediatrics and the CPSC to produce a 12-minute educational video called a “Safe Sleep for Babies.”

The video was produced as a resource for parents to ensure their babies are in a safe environment when they sleep. The video is aimed at helping parents avoid preventable dangers like suffocation, strangulation and entrapment risks in babies’ sleep environment and urges parents and caregivers to follow crib safety tips such as:

  • Place infants to sleep on their backs
  • Use a firm, tight-fitting mattress
  • Never use extra padding, blankets or pillows under baby
  • Remove pillows or thick comforters
  • Do not use positioning devices — they are not necessary and can be deadly
  • Regularly check cribs for loose, missing or broken parts or slats
  • Do not try to fix a broken crib
  • Place cribs or playpens away from windows and window covering cords to avoid fall and strangulation hazards
  • Place baby monitor cords away from cribs or playpens to avoid strangulation

Defective Product Attorney Defend Families’ Rights

Phillips Webster has been following and monitoring this issue for years now. As parents, many of us at the law firm take a personal interest in the safety of all children because we have seen first hand the effect on families when a child is needlessly killed at the very dawn of their lives. The grief can have a ripple effect that can tear households and families apart.

If you or someone you know has had the devastating experience of losing a child to a drop-side crib or their child is seriously injured, it is important that you find a lawyer that has the experience and successful track record in defective product litigation. Call Phillips Webster for a free consultation and to find out your legal options.

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