California Personal Injury Blog - Defective & Dangerous Products

Cribs are not the only dangerous product- Cords on window blinds can choke or strangle a child

Claude Wyle — Tue, 01 Dec 2009 19:38:54 GMT

I wrote last week about the recall of Stork Craft cribs. That recall was prompted by the four infant deaths from suffocation caused by a badly designed product—the drop side crib. While I applaud the media attention given to these infant deaths from defective products, I want to make sure that everyone is aware that there are many additional dangerous products.

For example, in November of this year, a 2-year-old Maryland boy, Thapelo Kwofie, was strangled after his head became entangled in window cords.

In fact, according to the Consumer Product Safety Commission, about one child dies each month from strangling in cords from blinds or shades. Manufacturers of defective blinds have recalled 5 million window treatments – which the agency lists among the top five "hidden dangers" in the home – in just the past few months.

For the first time, the safety commission now recommends using only cordless window treatments in any home where there is a danger of death of a child by such an accident, including where children live or visit, such as a grandparent's house or day care center.

As defective product attorneys, we join Parents for Window Blind Safety in urging you to inspect all the window blinds in your home. Even many blinds that were considered safe in recent years have been found to be dangerous.

How to make window treatments safer

1. Install only cordless window treatments in all homes where children live or visit, especially in children's bedrooms.

2. Move all cribs, beds and furniture away from windows.

3. If not using cordless shades, cut the ends of pull cords, so that the loop can't form a noose.

4. Don't allow cords to dangle. Wrap cords around a hook that's high off the floor out of a child's reach.

5. If using Roman shades with hidden strings on the back side, raise the shades high enough so children can't reach them.

Free safety kits to retrofit window blinds are available at windowcoverings.org.

Sources: Consumer Product Safety Commission, Window Coverings Safety Council

Originally posted at InjuryBoard by Claude Wyle

Infant Suffocation Deaths result in Recall of 2.1 million Stork Craft Cribs

Claude Wyle — Mon, 30 Nov 2009 15:58:05 GMT

We learned earlier this week that more than 2.1 million drop-side cribs by Stork Craft Manufacturing of Canada are being recalled after reports of four infant suffocations. What troubles me is that while the Stork Craft name is being broadcast, many people still don’t know that the dangerous cribs which are being recalled date back to 1993 and nearly 150,000 of the cribs carry the Fisher-Price logo. In total, the Consumer Product Safety Commission has said the recall involves 1.2 million cribs in the United States and almost 1 million in Canada, where Stork Craft is based.

Even more troubling in this case is that the CPSC has admittedly not acted swiftly enough to recall these cribs. Further compounding the problems with the cribs is that they are often passed down from child-to-child within a family and from family-to-family throughout communities. In most cases, original model numbers have long since been lost or forgotten. The recall efforts therefore must be more strenuous before more children are hurt or killed by these defective products.

As defective product attorneys, one of our goals is to eliminate dangerous products from the marketplace and we are happy that the government is finally taking the necessary actions. Unfortunately, as this case demonstrates, we simply cannot rely on the government to ensure that defective products are redesigned or taken out of production. If you or a loved one has been injured as a result of a defective product, please consult an attorney who specializes in the area. Not only may there be compensation for you and your family, but it might also prevent other families from enduring the same tragedy.

Originally posted at InjuryBoard by Claude Wyle

Massive Crib Recall Announced; 2.1 Million Cribs Affected

Susy Owen — Mon, 23 Nov 2009 18:52:05 GMT

The Consumer Product Safety Commission announced today one of the largest crib recalls in United States history, involving cribs with dropdown sides.

This recall involves Stork Craft Baby cribs and Stork Craft cribs with the Fisher-Price logo. All Stork Craft Baby cribs with manufacturing and distribution dates between May 2000 and November 2008 are included in this recall. All Stork Craft cribs with the Fisher-Price logo have distribution dates between May 2000 and December 2004. The cribs were sold in various styles and finishes. The manufacture date, model number, crib name, country of origin, and the firm’s name, address, and contact information are located on the assembly instruction sheet attached to the mattress support board. The firm’s insignia “Storkcraft baby” or “storkling” is inscribed on the drop side teething rail of some cribs. In the product that contains the “Fisher-Price” logo, this logo can be found on the crib’s teething rail, in the manufacturer’s instructions, on the assembly instruction sheet attached to the mattress support board, and on the end panels of the Twinkle-Twinkle and Crystal crib models.

The federal government has recalled nearly 5 million cribs in the past two years -- many of them with drop down sides. A measure just approved by the organization that sets safety guidelines for the crib industry makes full-size cribs with dropdown sides a violation of voluntary safety standards. A federal ban will hopefully be in place soon.

The CPSC urges parents and caregivers to immediately stop using the recalled cribs and find an alternative, safe sleeping environment for their baby. Consumers should contact Stork Craft to receive a free replacement kit, with new mattress support brackets.

Contact Stork Craft toll-free at (866) 361-3321 anytime to order the free replacement kit or log on to www.storkcraft.com

Originally posted at InjuryBoard by Susy Owen

Maclaren Stroller Defect Went Unfixed for Five Years

Paul Kiesel — Thu, 19 Nov 2009 19:15:53 GMT

From the New York Post:

Maclaren knew for at least five years that its strollers could lop off a child's finger, but did nothing about the dangerous defect until federal regulators all but forced it to, The Post has learned.

This week, the company agreed to a "voluntary recall" of all its models sold as far back as 1999, conceding that the fingers of 12 children were severed by the stroller's hinges when they were opened or closed.

But since Maclaren failed to notify the Consumer Products Safety Commission when it first became aware of even a "potential danger," the British-based company could still face a fine of $1 million or more, sources said.

Companies are required by federal law to "report to CPSC immediately on learning of a problem with a product that makes it a substantial hazard or poses a potential hazard," commission spokesman Scott Wolfson said.

The company has known the stroller hinges could become finger guillotines since at least July 12, 2004, when 23-month-old Connecticut toddler Carlos DeWinter lost his right pinky, according to court papers obtained by The Post.

His mother, Jane DeWinter, was shopping for a Maclaren Triumph stroller at a Right Start shop near her Greenwich home, and she was testing the one-handed folding and unfolding mechanism.

As she was about to lock the stroller into the open position, Carlos put his finger on the hinge, and he suffered a "traumatic amputation," the court papers said.

Despite two surgeries, the pinky could not be reattached.

Maclaren and Right Start argued that the mother's "own negligence" was to blame, the suit says.

Click here for the rest of the article.

Originally posted at InjuryBoard by Paul Kiesel

Runaway Toyota Cases Ignored

Claude Wyle — Sat, 14 Nov 2009 10:25:00 GMT

Safety investigators dismissed numerous reports of sudden acceleration, then said data were lacking.

I am sure many of you were shocked to learn that since 2001, more than 1,000 Toyota and Lexus owners have reported that their vehicles suddenly accelerated on their own. In some cases, the runaway Toyotas slammed into trees, parked cars and brick walls, among other obstacles.

The crashes resulted in at least 19 wrongful deaths and scores of injuries over the last decade. Federal regulators say that is far more than any other automaker has experienced.

Luckily, owner complaints have helped instigate at least eight investigations into sudden acceleration in Toyota and Lexus vehicles by the National Highway Traffic Safety Administration in the last seven years. Unfortunately, Toyota Motor Corp. recalled fewer than 85,000 vehicles in response to two of those probes, and the federal agency closed six other cases without finding a defect.

But, and here is what I find distressing, those investigations systematically excluded or dismissed the majority of complaints by owners that their Toyota and Lexus vehicles had suddenly accelerated, which sharply narrowed the scope of the probes.

For reasons that are not now clear, Federal officials eliminated several categories of sudden-acceleration complaints, including those in which drivers said they were unable to stop runaway cars using their brakes; incidents of unintended acceleration lasting more than a few seconds; and reports in which owners did not identify the possible causes of the problem.

Meanwhile, fatal crashes involving Toyota vehicles continued to mount and the statistics are not good for Toyota: NHTSA records show that a total of 15 people died in crashes related to possible sudden acceleration in Toyota vehicles from the 2002 model year and newer, compared with 11 such deaths in vehicles made by all other automakers.

The Los Angeles Times is reporting that it located federal and other records of 19 fatalities involving Toyota and Lexus vehicles from the same model years in which sudden or unintended acceleration may have been a factor, as well as more than 1,000 reports by owners that their vehicles had suddenly accelerated. Independent safety expert Sean Kane, president of Safety Research and Strategies, said he has identified nearly 2,000 sudden-acceleration cases for Toyota vehicles built since 2001.

Other experts say the numbers may be far higher, pointing to a 2007 NHTSA survey of 600 Lexus owners that found 10% complained they had experienced sudden acceleration.

Most sudden accelerations did not result in a crash, but there were notable exceptions. Bulent Ezal, a retired engineer, plunged 70 feet off a Pismo Beach cliff into the Pacific Ocean surf. He was hospitalized with minor injuries, but his wife of 46 years was killed.

"By the time they pulled me out, the tide was about to cover the car," Ezal said.

He said his 2005 Camry had suddenly accelerated in a parking lot.

In its research, The Times examined thousands of federal defect investigation records, complaints filed with NHTSA by Toyota and Lexus owners, lawsuits against the company, and reports by independent safety experts and local police agencies.

For its part, Toyota is blaming the latest incident on an incorrectly installed floor mat that jammed the accelerator pedal. The company announced a recall of 3.8 million vehicles in September and is designing a fix aimed at preventing sudden acceleration caused by floor mats.

What scares me is that this recall is not addressing other potential problems, including electronic engine control system or cruise control system. So, if you have a Lexus or Toyota on the list below, please be aware of these issues and see an attorney, possibly even a “runaway Toyota attorney” to evaluate your case and determine whether Toyota may be liable for your damages.

The recall affects the following Toyota models: the 2007-2010 Camry, the 2004-2009 Prius, the 2005-2010 Avalon, the 2005-2010 Tacoma and the 2007-2010 Tundra, as well as the 2007-2010 Lexus ES 350 and the 2006-2010 Lexus IS 250 and IS 350.

Originally posted at InjuryBoard by Claude Wyle

Maclaren Recalls Over One Million Strollers Due to Possible Finger Amputation

Susy Owen — Mon, 09 Nov 2009 19:18:41 GMT

British company Maclaren recalled about 1 million strollers on Monday due to a hinge mechanism with the potential to amputate childrens' fingers. The US Consumer Product Safety Commision received reports of 15 incidents over the last 10 years.

The affected models include Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno and Easy Traveller.

Consumers should contact Maclaren USA for a free repair kit that will cover the faulty joint.

Consumers should stop using the strollers immediately and call Maclaren toll-free at (877) 688-2326, the company said.

Originally posted at InjuryBoard by Susy Owen

Plum Organics Recalls Certain Baby Foods

Chrissie Cole — Thu, 22 Oct 2009 19:52:00 GMT

Plum Organics announced a voluntary recall of apple and carrot portable pouch baby food due to possible botulism contamination. According to the company, the product failed to meet FDA requirements.

The recalled food products were sold nationwide at Babies-R-Us and Toys-R-Us stores and have a “Best By” date of May 21, 2010 and UPC code: 890180001221.

The baby food may be contaminated with Clostridium botulinum, which can cause botulism, a serious and sometimes life threatening condition.

The affected baby food can be returned to any Babies-R-Us or Toys-R-Us store for a refund. The agency warns parents and caregivers to not use the products, even if they appear normal.

For more information, call 888-0974-35555 or email info (at) plumorganics.com.

Originally posted at InjuryBoard by Chrissie Cole

Target to Pay 7 Million for Brain Injury to Elderly Woman

Claude Wyle — Wed, 14 Oct 2009 23:41:12 GMT

Target Corporation. will pay $7 million to an 80-year-old woman who suffered brain injuries after being struck by an automatic door at an Illinois store. In the lawsuit, head injury attorneys alleged that Target failed to properly inspect the door or to follow safety guidelines provided by the manufacturer. Putman suffers ongoing head injury symptoms including cognitive problems because of her brain injuries and now lives in a nursing home. We applaud Ms. Putnam’s brain injury lawyers who clearly knew how to best present this woman’s injuries.

This case demonstrates the importance of knowing and protecting your rights. Many consumers would believe that big companies such as Target are immune from or unresponsive to claims by individuals. Many people would believe that injuries to the elderly are not worth the investment of resources, since their life expectancy is not very long in comparison to younger people, and they have no lost wages. This is not entirely true. The elderly have every right to a safe environment and probably more need for it. If you suffer serious personal injuries while going about your daily activities, please consult a lawyer to see whether the responsible party should pay for your medical bills, lost wages disability or earnings and other injury related damages.

Originally posted at InjuryBoard by Claude Wyle

Wooden Toys Recalled by Daiso

Chrissie Cole — Wed, 07 Oct 2009 12:34:00 GMT

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Daiso announced a voluntary recall of Wooden Toys because the small parts can break and detach, posing a choking hazard.

To this date, the company has not received any reports of injury or incident regarding the recalled toys.

Penguin Handbell, Pull Doll, Alligator Pull Toy and Rolling Animals are included in the recall. “Daiso” is printed on the product packaging.

The recalled toys were sold at Daiso stores in California from December 2008 through May 2009.

Consumers should contact Daiso for a free replacement or refund.

Consumer Contact: Daiso toll-free at (888) 580-8841 between 9:30 a.m. and 6:30 p.m. PT Monday through Friday, or visit www.daisorecall.com

Originally posted at InjuryBoard by Chrissie Cole

Class I Recall On Pediatric Tracheal Tubes

Greg Owen — Fri, 11 Sep 2009 22:33:00 GMT

Smiths Medical and FDA notified healthcare professionals about a nationwide voluntary recall of Portex Uncuffed Pediatric-Sized Tracheal Tubes (sizes 2.5, 3.0 and 3.5 mm). A small number of tubes were manufactured with internal diameters slightly smaller than indicated on the labeling, which may create the potential for the clinician to experience difficulty passing through or withdrawing the suction catheter.

The health consequences that may result from use of the defective device include the inability to remove secretions from the device and from the patient's airway, which may result in partial or complete obstruction of the airway and an inability to ventilate the patient. In addition, this defect may increase airway resistance and compromise the ability to ventilate the patient. There is a reasonable probability of serious injury and/or death.

Smiths Medical is instructing customers to return all unused Tracheal Tubes and in their press release has provided recommendations for management of recalled product that is currently in use.

Originally posted at InjuryBoard by Greg Owen