California Personal Injury Blog

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

Two Sentenced in Auto Fatality Crash That Killed Berkeley Students

Claude Wyle — Mon, 30 Nov 2009 15:48:24 GMT

More than four years after three UC Berkeley graduate students were killed in a high-speed crash, the two Oakland men responsible were sentenced last Friday.

Eric Barnes, 28, and Stanley Jacks Jr., 25, were convicted last month of three counts of vehicular manslaughter. The July 16, 2005, crash killed Giulia Adesso, 26, Benjamin Boussert, 27, and Jason Choy, 29, all graduate students in the College of Chemistry at UC Berkeley. Barnes and Jacks were sentenced to eight years and eight months in prison, the maximum sentence.

There was a delay in sentencing because the California Highway Patrol was had been unsure of how the accident happened. Researchers at UC Berkeley's Safe Transportation Research and Education Center ultimately used sensors embedded in Interstate 80, where the auto fatality occurred, to establish that Jacks and Barnes were racing and that both cars were traveling at more than 100 miles per hour.

Barnes's and Jacks's reckless driving caused a nearby big rig to lose control, collide into the center divider and then catch on fire, Morgan said. From there, the truck traveled into the opposite lanes of traffic and collided with the car carrying the trio of students.

I have mixed feelings about this sentencing. While harsh in some senses, I, like the sentencing judge, am moved by the severity of the accident and the horrible way in which these young people died. I also hope that this sentence makes other young “racers” stop and think, if not about ruining the lives of others, about ruining their own lives with such reckless conduct.

My heart goes out to the families of the victims. Once again, I hope that the families got good legal advice. Even though families find comfort when offending criminals have been sentenced, nothing will bring their loved ones back. The only thing that will help the families in any tangible sense is a civil lawsuit. Even if the responsible parties have little or no insurance, as is often the case, there could be other insurance, including your own uninsured motorists’ coverage, which may help offset some of the financial consequences. If you are in an accident with an underinsured or uninsured driver, please see a wrongful death attorney.

Originally posted at InjuryBoard by Claude Wyle

Another Yaz Birth Control Victim

Paul Kiesel — Tue, 24 Nov 2009 17:58:21 GMT

From Business Wire:

NEW YORK -- Wendy R. Fleishman of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP announced that Mae Walker today filed a personal injury lawsuit against Bayer Healthcare Pharmaceuticals, Inc., for severe and lasting injuries caused by Bayer’s birth control drug Yaz. Walker’s complaint charges that Yaz is a dangerous prescription drug sold without adequate warnings about the risk of serious injuries.

Walker, age 30, of Belpre, Ohio, works 40 hours a week at McDonald’s and is the mother of three young children. Approximately one year after she started taking Yaz, Walker was diagnosed with deep vein thrombosis (“DVT”), more commonly known as a blood clot, in her left leg. If left untreated, blood clots in the leg can break off and result in life-threatening conditions. Walker was hospitalized for three days, where she received anti-coagulation medication to reduce the swelling in her leg and treat the blood clot.

“Yaz has had a devastating impact on my health and family,” Walker stated. “My work requires me to stand on my feet all day. I still experience leg swelling and cannot lift heavy items. I have to be extremely careful not to ever cut myself due to the blood-thinning medication I am taking, which I have been told I must likely take the rest of my life.”

The complaint charges that Walker would never have developed DVT, been hospitalized, or forced to undergo numerous medical tests and procedures, had Bayer properly warned patients of the dangers of using Yaz.

“The FDA’s adverse event database for Yaz and Yasmin reveal a very high number of serious adverse events associated with these drugs, including strokes, heart attacks, blood clot formation, gallbladder and kidney disease, and sometimes death,” commented attorney Fleishman. “Bayer failed to warn doctors and consumers that Yaz and Yasmin are actually more dangerous than previous generations of oral contraception pills.”

The complaint was filed in the Superior Court of New Jersey, where Bayer Healthcare Pharmaceuticals, Inc., is located.

Click here for the rest of the article.

**Also, anyone who has been adversely affected due to taking these prescription drugs, like Yasmin, Yaz or Ocella, should get in touch with Helen Zukin. Ms. Zukin recently retained a client, a young woman, who unfortunately suffered from a stroke, after only taking Ocella (generic version of Yaz) for a month.

Originally posted at InjuryBoard by Paul Kiesel

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

Woman hit, killed in crosswalk on Geary Boulevard

Claude Wyle — Sat, 21 Nov 2009 11:11:35 GMT

A 70-year-old woman walking across Geary Boulevard at Ninth Avenue was killed Thursday morning when the driver of a white van hit and killed her while making a left turn.

This was the 23rd pedestrian traffic fatality in San Francisco this year. The crash happened about 8:15 a.m. when the van, heading south on Ninth Avenue, turned onto eastbound Geary Boulevard and hit the woman, police spokesman Officer Samson Chan said.

The victim was identified as Jon Kong, a resident of the Richmond district. Kong was taken to San Francisco General Hospital with life-threatening injuries after she was hit by a car and was pronounced dead shortly afterward, Chan said. No one else was hurt.

Transportation for America’s nationwide survey found the San Francisco region, which includes Oakland and Fremont, is second only to New York for the highest percentage of traffic deaths among major cities in the country. As bike accident attorneys, we think this is unacceptable, but what can be done? Here are some suggestions from sf.streetsblog.org:

Use police reports analyze a large sample of recent fatal pedestrian accidents with the Pedestrian and Bicycle Crash Analysis Tool (PBCAT). PBCAT is a software application designed to assist state and local pedestrian and bicycle coordinators, planners, and engineers in addressing pedestrian and bicyclist crash problems.
Compile the actual investigative follow-up from the crashes -- were charges filed, were other countermeasures recommended or implemented?
Condense the results into a report that breaks out the most common factors, outcomes and recommended countermeasures.
Convene a pedestrian safety summit with NJ DOT, Traffic Safety, law enforcement, elected officials, pedestrian safety experts and transportation planners all at the table.
The summit would then generate a list of recommendations and goals for the state and local governments to implement.
Follow up with an evaluation of the process. Did the recommendations actually contribute to reducing pedestrian deaths?

These are all excellent suggestions; please join us in an effort to convince city officials to take some of these steps and save lives.

Originally posted at InjuryBoard by Claude Wyle

Recall Announced After Bacteria Found in Vick's Nasal Spray

Rick Patterson — Fri, 20 Nov 2009 08:00:20 GMT

Procter & Gamble is recalling Vicks Sinex nasal spray in the United States, Britain and Germany after finding it contained bacteria, the company said.

Procter & Gamble said it announced the voluntary recall after finding the bacteria in a small amount of product made at a plant in Germany.

There have been no reports of illness from the bacteria, but it could cause serious infections for people with weakened immune systems or those with chronic lung conditions such as cystic fibrosis, Procter & Gamble said late Thursday.

The bacteria poses little risk to healthy people, the company said.

Cincinnati, Ohio-based Procter & Gamble said it detected the problem during routine quality control at the plant. Analysis so far shows the problem is limited to a single batch of raw material mixture involving three lots of product, which were sold only in the three countries affected by the recall, the company said.

In the United States, the recalled product is Vicks Sinex Vapospray 12-hour Decongestant Ultra Fine Mist with lot number 9239028831.

In Britain, the company is recalling Vicks Sinex Micromist Aqueous Nasal Spray with lot number 9224028832.

In Germany, the recalled product is Wick Sinex Schnupfenspray Dosiersystem with lot number 9224028833.

All recalled products are in the 15-milliliter size.

Lot numbers are listed on the outer carton and the bottle, the company said.

Consumers with the product should discard it, and they may call the company for a replacement coupon or refund, the company said. More information is at the company's Web site, www.pg.com.

Originally posted at InjuryBoard by Rick Patterson

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

Bayer Follows Google's Lead

Paul Kiesel — Wed, 18 Nov 2009 19:59:37 GMT

Bayer's Yaz is trying out a paid search format similar to that proposed by Google for products carrying black-box warnings.

The Yaz-branded sponsored link appears in a yellow-highlighted box atop Google searches on terms including “Yaz,” “the pill” and “birth control.” It features a headline linking to the product site, a line of text advising viewers to “Read important product info here,” and a bottom line reading “Click to see full safety and prescribing information, including boxed warning,” followed by a “fixed” link to physician labeling.

Yaz carries a boxed warning of sharply increased cardiovascular risks for users who smoke, particularly those over the age of 35. Boxed warnings denote particularly serious risks and prescription drug brands carrying boxed warnings are not allowed to run so-called reminder ads giving a brand name but not its indication.

Bayer was among the 14 recipients of untitled letters for violative sponsored links issued by FDA's Division of Drug Marketing, Advertising and Communications in April. Drug companies had been operating under the so-called “One click rule,” the assumption that as long as full-risk information was a click away, they could run space-limited sponsored links giving only a name and abbreviated indication [. . .]

Click here for the rest of the article.

Originally posted at InjuryBoard by Paul Kiesel

Certain Lots of Tylenol Arthritis Pain Reliever Recalled Due to Smell

Rick Patterson — Wed, 18 Nov 2009 16:24:10 GMT

McNeil Consumer Healthcare is conducting a voluntary recall of certain lots of Tylenol Arthritis Pain Caplets (acetaminophen) 100 count bottles. This recall is due to identification of an uncharacteristic smell or taste associated with these lots that led to a small number of patients reporting nausea and related symptoms.

The following five lots are being recalled: Lot #08BMC013, Lot #08BMC020, Lot #09BMC034, Lot #09CMC036, and Lot #09CMC040.

Patients who have these products in their possession should stop using the product and contact their healthcare provider if they have medical concerns or questions.

For more information call (800) 962-5357 or click here.

Originally posted at InjuryBoard by Rick Patterson

Cardiovascular Systems ViperSheath Sheath Introducer Recalled Due to Fracturing

Rick Patterson — Wed, 18 Nov 2009 15:02:49 GMT

Cardiovascular Systems, Inc. and FDA notified healthcare professionals of a nationwide recall of all lots of the ViperSheath Sheath Introducer on behalf of Thomas Medical due to reports about stretching or fracture of the sheath during use.

In the event of a device fracture, separated segments of the device may require unplanned open surgery to remove the retained segments or control bleeding. Since this device is coil reinforced, any separation of the cannula (a flexible tube inserted into the body) has the potential to expose portions of the coil, creating the potential for vessel dissection or perforation.

The recall encompasses products distributed from March 25, 2009 to October 21, 2009, and includes the following lot ranges and catalog numbers:

Lot range: S28117 through S29174
Catalog numbers: VPR-ISH 5 X 85, VPR-ISH 6 X 85, VPR-ISH 7 X 85, VPR-ISH 5 X 45, VPR-ISH 6 X 45, VPR-ISH 7 X 45

Originally posted at InjuryBoard by Rick Patterson