Injuryboard Commentary - Defective & Dangerous Products

New Consumer Protection Website Is Very Informative

Mike Bryant — Tue, 08 Dec 2009 09:30:00 GMT

Recent I found out about Protecting Consumers Rights. Org . The site is filled with information that should be looked at by anyone who is interested in protecting themselves and their family. With easily navigated keys, the sight covers topics that include all sorts of issues that are important to every consumer.

The site identifies itself as :

ProtectConsumerJustice.org, a project of Civil Justice Research & Education Project.

This site’s goal is to honestly report on consumer, legal and political issues important to the American civil justice system.

The bulk of the articles will be researched, written and edited by people who understand the importance of factual information, particularly as traditional sources of news and information shrink. We will gather information from a variety of trusted sources, and present it without rhetoric and bombast.

Here at the Injuryboard, we see the impact that dangerous products and unsafe foods have on people. Please, take the time to review this important information. For Minnesotans that were fans of Almanac they will recognize J.G. Preston one of the sites contributors.

Originally posted at InjuryBoard by Mike Bryant

Toyota Takes Another Blow

Paul Thomson — Tue, 08 Dec 2009 09:07:44 GMT

The Los Angeles Times recently reported that Toyota is, once again, under investigation by the National Highway Traffic Safety Commission. The investigation deals with 26 recent reports of Toyota Corolla and Matrix models from the year 2006 stalling in traffic. Sometimes the stalling occurred at highway　speeds or in intersections. Clearly, this poses a huge safety concern! The complaints are another of many quality-related issues this year, including runaway vehicles; rust problems in the Toyota Tundra that can cause the spare tire to fall off into traffic; and malfunctions in the Toyota Sequoia's electronic stability control system that can cause the brakes to seize. Toyota has recalled a whopping 4.8 million vehicles since January!

Another LA Times report revisits the sudden acceleration or runaway Toyota vehicle issue and discusses the fatal Saylor crash in particular. Investigators have concluded that, while the rubber floor mats could have been a factor, other causes, like electronic or mechanical issues, cannot be ruled out. Most shocking, however, is the discovery that the crash may have been preventable. The Lexus ES 350 involved in the crash　was loaned to the Saylor family by a dealership while their vehicle was being serviced. Another customer who had used the car prior to the Saylor family experienced an acceleration incident and reported it to the dealership. Somehow the information was lost and the vehicle was put back onto the road, resulting in the death of four people! The fact that this horrible incident could have been prevented by an increased level of communication is saddening. Hopefully, safety issues will be taken more seriously from now on! This should serve as a wake up call to businesses that do not have any type of formal complaint process in place, especially one dealing with a safety related issue that could potentially cause serious injury or death.　Maybe this dealership had such a policy in force and it just failed to properly train its employees. At this point in the story who knows. Hopefully it, and other dealerships can learn something from this incident.　 Sadly, I　 see similar stories in the defective product cases that I have been involved in. Complaints were made, they piled up, and nothing was done.　Only when a serious injury or death resulted (and usually a lawsuit) was the system overhauled and re-worked.

Originally posted at InjuryBoard by Paul Thomson

ATV’s Recalled Due to Loss of Steering Control

Scott Kappes — Mon, 07 Dec 2009 17:06:23 GMT

Last week, in coordination with the U.S. Consumer Products Safety Commission, Can-Am ATV’s issued a recall of about 2,400 ATV’s because of a potential for steering failure associated with the all-terrain-vehicles.

The recall includes 2010 Can-Am Outlander and Rengade models.

Failure of dynamic power steering in these ATV’s can result in a loss of steering control which poses a significant risk of injury and even death to the rider.

The firm has received one incident report with no injury and no material damages.

Consumers are encouraged to stop using the rexcalled vehicles immediately and contact a Can-Am dealer to schedule a free repair.

Mor information is available at the CPSC website here and the firm website here. The manufacturer can also be reached toll-free at (888) 638-5397 for additional information.

A complete list of recalled models has been included below.

Model Name	Model Number	Color
Can-Am® OUTLANDER™	XT 4X 800EFI	Yellow, Viper Red, Camo
Can-Am® OUTLANDER™	MAX XT 4X 800EFI	Yellow, Viper Red, Camo
Can-Am® OUTLANDER™	MAX LTD 4X 800EFI	Yellow, Viper Red, Camo
Can-Am® OUTLANDER™	MAX XT 4X 650EFI	Yellow, Viper Red, Camo
Can-Am® OUTLANDER™	XT 4X 500EFI	Yellow, Viper Red, Camo
Can-Am® OUTLANDER™	MAX XT 4X 500EFI	Yellow, Viper Red, Camo
Can-Am® OUTLANDER™	XT-P 4X 800EFI	Black
Can-Am® OUTLANDER™	MAX XT-P 4X 800EFI	Black
Can-Am® OUTLANDER™	XT-P 4X 650EFI	Black
Can-Am® OUTLANDER™	MAX XT-P 4X 650EFI	Black
Can-Am® OUTLANDER™	XT-P 4X 500EFI	Black
Can-Am® OUTLANDER™	MAX XT-P 4X 500EFI	Black
Can-Am® OUTLANDER™	MAX LTD 4X 500EFI	Yellow, Viper Red, Camo
Can-Am® OUTLANDER™	XT 4X 650EFI	Yellow, Viper Red, Camo
Can-Am® RENEGADE™	XXC 4X 800EFI	Black

Originally posted at InjuryBoard by Scott Kappes

Method Proposed to Prevent Another Vioxx

Paul Thomson — Mon, 07 Dec 2009 10:23:32 GMT

Vioxx, an arthritis drug, became very popular when it was released in 1999, but five years later, the drug was taken off the market because of evidence that it increased the risk of heart attack and stroke. A method to prevent a similar situation from occurring in the future has been proposed, as reported by The New York Times. The system would pool data as it was collected from clinical trials in order to gain a better perspective on the big picture. It would essentially be a database that would be updated in almost real-time.　

The authors of the study argue that the makers of Vioxx could have recognized the increased heart attack and stroke risk if they had used a similar method. From their research, they believe the company could have been aware of the risks as early as 2002. Since the Vioxx incident, the Food and Drug Administration has increased its standards, but some argue that they still do not have enough power. The database idea could be a way to increase the safety of our drugs, but some argue such a large database would be too expensive to maintain. However, this is our health and quality of life, so isn't it worth the cost?

Originally posted at InjuryBoard by Paul Thomson

Stork Craft Crib Recall

Paul Thomson — Mon, 07 Dec 2009 10:21:37 GMT

The Consumer Product Safety Commission (CPSC) announced that　there has been　a recall of 2.1 million Stork Craft drop-side cribs. The crib includes a side that raises up and down, a feature that is dangerous because part of the side may detach or break. Babies can then　become caught between the side and the mattress, resulting in suffocation and death. Four incidents have been reported. For more details, visit this New York Times article. 　

Owners of the crib should stop using the model immediately and contact Stork Craft for a free repair kit. The current Stork Craft recall and recalls of similar drop-side cribs of various brands in the past few years have raised growing concern. Several groups have banned or discouraged drop-side cribs. Cribs with fixed sides would eliminate the safety risk posed by a drop side malfunctioning. We must give our children the safest environment possible--they depend on us!

Originally posted at InjuryBoard by Paul Thomson

No Zhu Zhu Pets Recall Despite Claims of Dangerous Metals in Toy

David Mittleman — Mon, 07 Dec 2009 09:28:03 GMT

Zhu Zhu Pets are the latest toy craze this holiday season. However, according to some safety experts, the stuffed hamster look-alikes contain unsafe levels of tin and antimony. Antimony is a metal with potential health hazards, with a federal limit of 60 parts per million. Zhu Zhu pets’ “Mr. Squiggles” contains 93 parts per million of antimony in his fur, and another 103 parts per million in his nose. Similarly, tin was also found in the Zhu Zhu pets’ fur, which is potentially harmful to the immune and nervous systems.

A consumer safety group, CBS, discovered the high levels of both leads in Zhu Zhu Pets and warns consumers to return the product as soon as possible. Nevertheless, the maker of Zhu Zhu Pets, Cepia LLC, argues that the toys are perfectly safe and that the rumors surrounding the product were conjured up by one website. Cepia LLC has since issued a statement defending their product and is conducting their own testing on Zhu Zhu Pets to check for the dangerous metals.

Information released today indicates that there will be no recall of Zhu Zhu Pets “Mr. Squiggles”. However, given the recent problems with high levels of lead in toys imported from China, it is probably best to be safe than sorry when it comes to purchasing gifts for your children this holiday season.

Originally posted at InjuryBoard by David Mittleman

Not So Fast: Nationwide Recall on Slim Fast Due to Bacteria Contamination

Rick Shapiro — Sat, 05 Dec 2009 21:03:00 GMT

Slim Fast, the popular weight loss beverage, has issued a recall due to the discovery of harmful bacteria in their product that could cause food poisoning including nausea, vomiting, and diarrhea. The bacteria discovered was Bacillus cereus, which is in the same category as Salmonella as a food-borne illness.

The product was sold nationwide, so there could be contaminated Slim Fast in North and South Carolina associated with food poisoning. In fact, some people believe up to 10 million cans of Slim Fast could be affected, according to CNN. The recall covers all flavors, best-by date, and product number. Slim-Fast had two other major food contamination/poisoning recalls roughly 10 years ago.

Over two million cans of the drinks were recalled because of the risk of gastrointestinal sickness, according to walletpop.com. A year prior to that, 192,000 cans were recalled when they were suspected of being tainted with a caustic cleaning solution. More recently, Slim Fast recalled a product earlier this year.

Back in February, Slim Fast had to recall their “on-the-go” bars due to the risk of salmonella food poisoning contamination. In many states, sellers and distributors of food automatically by law provide what is called an implied warranty that their food is wholesome, safe to eat, and is not contaminated (even if not in writing, mandated and "implied" by law). The warranty is a basis of food poisoning lawsuits or claims where a person has serious medical complications, such as hospitalization, doctor's bills, and even permanent effects of the food poisoning.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Rick Shapiro

Millions of Cribs Recalled(2)

Jamie Sheller — Fri, 04 Dec 2009 11:34:22 GMT

Recently, the largest of cribs was announced by the Consumer Product Safety Commission.&nbsp; More than 2 million Stork Craft drop-side cribs were voluntarily recalled following reports of infants being trapped and suffocated in these cribs.&nbsp; Four infants have died from being trapped in these drop-side cribs.&nbsp; Drop-side cribs have side gates which slide up and down, and there are growing concerns about their safety.&nbsp; The CPSC recommends that consumers immediately stop using the recalled&nbsp;cribs.&nbsp; Parents should obtain the free repair kit from Stork Craft, and should not try to repair the crib without the specific kit. The affected cribs were manufactured in Canada, China, and Indonesia.&nbsp; They are Stork Craft cribs, but some were sold under a Fisher-Price brand.&nbsp; According to the CPSC, babies can get stuck between the mattress and the crib side.&nbsp; This danger could be caused by improper installation of the drop side or by broken plastic hardware on the drop side. In January, there was a voluntary recall of all Stork Craft cribs manufactured and distributed between May 2000 and November 2008.&nbsp; The <a href="http://www.nytimes.com/2009/11/24/business/24crib.html?_r=1&amp;hp">most recent recall only applies to drop-side cribs</a>.&nbsp; In the last 2 years almost one million Simplicity drop-side cribs have been recalled.

Originally posted at InjuryBoard by Jamie Sheller

Millions of Cribs Recalled

Jamie Sheller — Fri, 04 Dec 2009 11:30:46 GMT

Recently, the largest of cribs was announced by the Consumer Product Safety Commission.  More than 2 million Stork Craft drop-side cribs were voluntarily recalled following reports of infants being trapped and suffocated in these cribs.  Four infants have died from being trapped in these drop-side cribs.  Drop-side cribs have side gates which slide up and down, and there are growing concerns about their safety.  The CPSC recommends that consumers immediately stop using the recalled cribs.  Parents should obtain the free repair kit from Stork Craft, and should not try to repair the crib without the specific kit.

The affected cribs were manufactured in Canada, China, and Indonesia.  They are Stork Craft cribs, but some were sold under a Fisher-Price brand.  According to the CPSC, babies can get stuck between the mattress and the crib side.  This danger could be caused by improper installation of the drop side or by broken plastic hardware on the drop side.

In January, there was a voluntary recall of all Stork Craft cribs manufactured and distributed between May 2000 and November 2008.  The most recent recall only applies to drop-side cribs.  In the last 2 years almost one million Simplicity drop-side cribs have been recalled.

Originally posted at InjuryBoard by Jamie Sheller

FDA Warns Tyson Foods Of Unsanitary Conditions at Texas Plant

David Mittleman — Fri, 04 Dec 2009 10:30:00 GMT

According to the Food and Drug Administration Tyson Food Group could face legal trouble if it doesn’t clean up its Texas plant that produces seafood soups. In a warning letter posted on the FDA website on Tuesday, U.S. health regulators warned Tyson about the unsanitary conditions of the plant. For example, in September inspectors found fish refrigerated at temperatures that were too high at the Fort Worth plant. In fact, Tyson apparently refrigerated fish between 40-55 degrees for 18 hours at a time—according to FDA regulations, fish should be refrigerated at temperatures below 40 degrees to prevent bacteria and toxins from growing on the meat. Inspectors also cited Tyson for improperly documenting procedures for stopping bacterial growth.

Nevertheless, Tyson argues that the problems have to do with documentation, not actual product safety. The company spokesman, Gary Mickelson, argues that the Fort Worth plant is “clean and sanitary” and that “the products there are safe to eat”. Furthermore, he also maintains that none of the fish that the FDA inspectors discovered was used in the making of any products. Since Tyson received the warning letter in September from the FDA, they argue that they updated their thawing procedures. However, the FDA issued another letter to the company on November 13^th because the agency still believes that Tyson has not fully complied with the regulations concerning pathogen growth and toxins.

According to the Seafood Network Information Center at the University of California-Davis, all meat and seafood should be stored at temperatures below 40 degrees to prevent the growth of pathogens. As temperatures increase, bacteria can multiply and produce enzymes that contribute to food spoilage. Furthermore, shellfish accounts for 3% of food-borne illness cases in the U.S. One-third of food-borne illnesses are caused by improperly refrigerated seafood products that develop a toxin called scroboid poisoning.

Originally posted at InjuryBoard by David Mittleman