Florida Personal Injury Blog - Defective Products

Defective Product Accountability for Foreign Manufacturers

Joe Saunders — Mon, 14 Sep 2009 08:44:10 GMT

The Foreign Manufacturers Legal Accountability Act of 2009 (S. 1606) is a good consumer protection bill that's been introduced in the US Senate by Senators Dick Durbin, Sheldon Whitehouse, and Jeff Sessions. Essentially, the bill aims to hold foreign companies accountable for defective products that injure US consumers.

Presently, foreign manufacturers who export defective products into the US that injure American are not held accountable because it's difficult to hold foreign companies accountable in US courts. The new legislative proposal would accomplish the following:

Requires manufacturers to have an “agent” located in at least one state where the company does business that would accept service of process for any civil and regulatory claims.
Companies would consent to state and federal jurisdiction, holding foreign manufacturers accountable to those judicial standards.

According to the American Association for Justice, "

"The legislation covers products regulated by the Consumer Product Safety Commission (CPSC), such as children’s toys; the Food and Drug Administration (FDA), including prescription drugs and medical devices; and the Environmental Protection Agency (EPA), like pesticides.

'Finally, foreign corporations will be on notice that their products must meet our standards and be subject to our legal system,' added Tarricone. 'Not only will American businesses be on a level-playing field with foreign corporations, but consumers will now have the added security that our civil justice system offers.'

Aside from the toxic drywall produced, this legislation would cover imported products seen in the news like poisonous toothpaste that contained diethylene glycol, children’s toys and jewelry coated with toxic levels of lead paint, and pet food that contained melamine, a compound used to make plastic."

Originally posted at InjuryBoard by Joe Saunders

If you dont like our tort system, compare it to others

Ed Normand — Sat, 03 Jan 2009 11:14:08 GMT

Chinese parents are angry. Not only are they limited to one child per family but their one child is at risk from dangerous products and faulty construction to name a few recent events. The Chinese government has come up with a compensation system to make amends for the deaths of children who died in collapsed schools during the recent earthquake and for children who died or who hurt from consuming contaminated baby formula. In the earthquake in May 7,000 classrooms collapsed killing thousands of children. Later many Chinese children died and thousands were hurt from Melamine contamination of baby formula. According to MSNBC the Chinese government has come up with its own tort compensation system for the product liability damages and deaths:

Compensation will be available to families of victims in both instances. The government has offered $8,823 for each killed child to the quake parents. The China Dairy Association this week confirmed a compensation plan was in the works for the milk parents. Some reports have said families could receive up to $29,000 if their children died, but the details are still unclear.

Now in our product liability system a jury of our peers would evaluate the conduct of the builders and manufacturers and then award compensation commensurate with the suffering they caused. Contrast that with the Chinese system where to contaminate baby formula with industrial chemicals to save money or to build a school with shoddy construction to save on costs is conduct that merits a mere pittance provided to the chinese families for the loss of what is usually their only child.

Originally posted at InjuryBoard by Ed Normand

New Pool Drain Covers Mandated Nationwide By Friday

Eddie Farah — Thu, 18 Dec 2008 23:19:52 GMT

Beginning Saturday, pools and spas that do not have the required anti-drowning drain covers could be forced to close down. The improved safety system was passed by Congress last year and pool and spa owners had a year to comply.

The Virginia Graeme Baker Pool and Spa Safety Act is aimed at keeping kids safer.

She was the 7-year-old granddaughter of former Secretary of State James A. Baker. Graeme, as she was called, was sucked into a spa drain in 2002. Despite a number of adults trying to pull her off, the suction kept her under and she drowned.

Her mother, Nancy Baker says at least the lives of other children can be saved. "This legislation helps give meaning to the tragic circumstances that took her life and the lives of many other children,” Baker said. “It is a tribute to these children and their grieving families that this bill will prevent injuries and death as a result of drowning. Graeme would be honored."

Most adults don’t realize that the bottom of a pool and spa is a hidden hazard for children. At least one person dies each year because of the 400 to 500 pounds of forceful suction of a flat drain in a single-drain pool.

Safe Kids Worldwide , a nonprofit group estimates that 33 kids died in Americans swimming pools under the age of 14 between 1985 and 2004. Drowning is the second-leading cause of accidental injury-related death among children ages 1-14.

The replacement will be a domed shape drain that minimizes the pull in a single area. However the Consumer Product Safety Commission had expected Congress to issue $7 million for enforcement. Since that hasn’t happened, the feds will be relying on the states to make sure pools are in compliance.

The National Swimming Pool Foundation, estimates that about 80 percent of public pools are spas are not in compliance and may have to close.

It’s not cheap to install the new drain covers – from at least $1,000 to $15,000 to install multiple drains, or no drains at all. That won’t matter. The CPSC plans to crack down on violators. The legislation also bans the manufacture, sale or distribution of drain covers that don’t meet the anti-entrapment standards and requires public pools to have additional layers of protection.

Rep. Debbie Wasserman Schultz, D-Fla., was a champion of the legislation in Congress, but the industry fought her earlier efforts.

The industry has known for a long time they were putting out a dangerous product. Common sense would dictate that a drain cover with suction strong enough to hold down an adult, gives children no fighting chance at all. No child should have ever lost their life to this dangerous and defective product design. #

Originally posted at InjuryBoard by Eddie Farah

Raising the Tax On Cigarettes - It's About Time

Eddie Farah — Wed, 19 Nov 2008 23:54:39 GMT

It makes sense. Cigarettes cost the state of Florida about $6 billion a year in exorbitant health care costs associated with smoking - heart disease, cancers and hospitalizations, according to the Alliance for Healthy Florida Campaign.

Productivity on the job decreases among smokers too. This creates a financial deficit for all Floridians.

Nationally, the CDC estimates smoking-related illnesscosts all Americans more than $75 billion a year. About 14 percent of all Medicaid expenses are for smoking-related illness. Since cigarette sales contribute the bulk of the state’s tobacco tax income – increasing the tax may offset some of the burden of cigarettes and smoking.

The American Lung Association estimates that a $1 tax increase on a pack of cigarettes would cause four percent to quit smoking. The state’s youth would likely not start because of the cost, at least fewer would.

The $1 billion raised annually would go to offset health care cuts and fund Florida’s KidCare plan that covers uninsured children. Half would go into general revenues.

With the state in a serious economic downturn and a budget about $6 billion less than last year, it's youth programs, school spending, hospitals and social programs that are taking the hit. Instead of raiding funds from elsewhere doesn’t it make sense to add to tax revenues with a cigarette tax?.

Florida sells more cigarettes than any other state but today the tax is less than 10 percent of the cost per pack, the fifth lowest cigarette tax in the nation. When the state last raised the tax in 1990, it represented one-quarter of the cost of a pack.

Currently there is legislation in the Florida Senate (SB 2790) to raise the tax to $1, matching both Texas and South Dakota.

Senator Jeremy Ring, D-Broward County who co-sponsored the bill states "I see a cigarette tax as an absolute win-win. Any time we can try to get new revenue and at the same time try to halt people from smoking, to me it's an absolute no-brainer."

Florida's Gov. Crist opposes the bill questioning why smokers should bear the entire burden of the tax. Maybe because they are the ones smoking?

Reducing teen smoking and generating an estimated $1 billion in revenue to offset cuts in health care sounds like a win-win for everyone, except smokers.

You can visit Florida Tobacco Tax Web site and sign the e-petition to let lawmakers know your support or opposition.

Originally posted at InjuryBoard by Eddie Farah

Medtronic Is In The News Again

Eddie Farah — Sat, 27 Sep 2008 01:23:00 GMT

This time patients and doctors need to be aware of a substance used to promote bone growth during spine-repair surgery. “Infuse Bone Graft” has led to complications, largely during the “Off-label” use of the drug, according to the Wall Street Journal.

The FDA has reportedly received 38 adverse health reports over four years. When the drug is used in surgeries on the cervical spine around the neck, it can lead to swelling of the neck and throat tissue. For patients that means compression in the airway and some patients have had difficulty swallowing, breathing, and even speaking.

Every year, an estimated 500,000 undergo spinal-fusion to repair and stabilize damaged discs. Also used to treat conditions such as scoliosis, which is a curvature of the spine, the Infuse Bone Graft has become a best seller for Medtronic, averaging about $815 million in the year that ended in April.

Remember Medtronic is the same company that had to issue a recall of some of its defibrillators because they were prone to running out of battery power. Medtronic also had to recall a line of defibrillator wires which delivered multiple shocks and in some cases death. The company had to settle more than 2,600 lawsuits concerning battery depletion for about $114 million.

The company is also known for paying doctors for "consulting" and seminars. Conflicts-of-interest are common and justified within the industry.

Many drug companies have adopted a new "transparency" attitude to disclosing these relationships - but until you can go to an online database and see which doctor has received what - ask your practitioner if he or she is on the receiving end.

You don't want to find out after the fact.

Originally posted at InjuryBoard by Eddie Farah

Jardine Cribs Recalled for Strangulation Hazard

Chrissie Cole — Sat, 28 Jun 2008 18:17:00 GMT

Jardine, in cooperation with the U.S. Consumer Product Safety Commission, announced a recall of 320,000 Jardine Cribs. The wooden spindles and slats on the cribs can break, creating a gap which can pose a strangulation hazard to infants.

To date, the company has received 42 reports of the crib slats and spindles breaking. Four children have become entrapped, due to broken slats on the crib and two children have had bruises and abrasions.

To see a full list of all model numbers and crib styles included in the recall, Jardine has set up a recall website. The model number can be found on the inside of the bottom rail of the footboard or headboard of the crib.

Consumers are advised to stop using the recalled cribs immediately and to contact Jardine to receive a full credit toward the purchase of a new crib.

The cribs were sold at KidsWorld, Geoffrey Stores, Toys'R'Us, and Babies'R'Us stores nationwide, and at babiesrus.com, from January 2002 through May 2008 for between $150 and $300, with one model, 0309K00 Mahogany Positano Lifetime Crib, which sold for $450. They were made in China and Vietnam.

Consumers can contact Jardine for more information at (800) 646-4106 between 8 a.m. and 4:30 p.m. ET Monday through Friday and between 9 a.m. and 1 p.m. ET Saturday, or visit the firm's Web site at www.jardinecribrecall.com

Originally posted at InjuryBoard by Chrissie Cole

Florida Department of Health Advises FDA of Adverse Reactions to Dietary Supplement

Sandy Grinnell — Tue, 01 Apr 2008 09:03:51 GMT

The Florida Department of Health has advised the Food and Drug Administration (FDA) of 23 cases of adverse reactions to a liquid supplement distributed by Total Body Essential Nutrition based in Atlanta. As a result the FDA has issued a consumer alert warning consumers to immediately discontinue using the Tropical Orange and Peach Nectar flavored "Total Body Formula" and the Orange/Tangerine flavored "Total Body Mega Formula" supplements.

The symptoms being reported include "siginificant hair loss, muscle cramps, diarrhea, joint pain and fatigue" after using the products for as little as seven days. The source of these reactions has yet to be determined and the FDA will issue more information as it becomes available.

Meanwhile, consumers are advised to discontinue use immediately and to seek medical attention if they have taken the supplements and experience any of these symptoms.

Originally posted at InjuryBoard by Sandy Grinnell

Hillsborough County Courts Facing Severe Budget Cuts

Brenda Fulmer — Fri, 28 Mar 2008 13:33:47 GMT

Hillsborough County Bar members received a plea this week from Chief Judge Manuel Menendez, Jr., urging lawyers to write Senate President Ken Pruitt and Speaker of the House Marco Rubio in an effort to stop legislative proposals that would slash the local court's budget by 10%. Such a cut would result in approximately one-third of staff jobs being eliminated from the Hillsborough County court system.

"The great majority of the judicial branch budget (which is less than 1% of the overall state budget) consists of salary dollars. Hence, cuts of this magnitude will mean reducing the number of employees by over 33%," Judge Menendez indicated.

Menendez indicated that the local courts have already frozen vacant positions, cut pay for some judges, and eliminated the funding for civil traffic hearing officers in an effort to deal with the budgetary shortfall. The approximate 60 jobs that may be lost would include court administrators, secretaries, and case managers. Hillsborough County Court Administrator Mike Bridenback indicated that $3 million to $4 million would have to be cut from the local court's $25 million budget in order to reach the 10% suggested budget cut. According to Bridenback,

"We're going to try to keep our criminal courts and our family courts going. Those are the courts that impact citizens more than anything else. To do that, the civil courts would be the ones primarily impacted because we'll be having to take judges away from those divisions."

These budget cuts are particularly devastating in light of the substantially increased volume of new lawsuit filings. The increase in filings is due, in part, to the mandate issued by the Florida Supreme Court that requiring former members of the Engle tobacco class action to file individual claims by January 10, 2008. In addition, all of the courts across the state are being severely impacted by mortgage loan fraud and the unprecedented number of new mortgage foreclosure actions that have been instituted.

Originally posted at InjuryBoard by Brenda Fulmer

Contaminated Beef Used in Hundreds of Food Products

Joe Saunders — Thu, 20 Mar 2008 13:44:14 GMT

The California slaughterhouse at the center of last month's massive beef recall now say that the contaminated beef has been used in 486 food products ranging from Slim Jim jerky to Jenny Craig meat loaf. The list of food products touched by the beef recall is expected to grow in the coming weeks. The list includes California restuarants, retailers and other purveyors of food stuffs. The complete list is located on the California Department of Public Health's website

Originally posted at InjuryBoard by Joe Saunders

Lamb Battle Rattles Recalled

Shannon Weidemann — Wed, 12 Mar 2008 10:40:58 GMT

Baby rattles in the shape of a lamb have been recalled because a piece may come off. The recalled rattles were manufactured by Infantino and may pose a choking hazard to babies and young children. No injuries have been reported from the rattle.

The recalled rattles are shaped like a lamb with an Infantino elliptical-shaped logo stamped on the front right foot of the lamb. Only rattles with date code 0907 printed on the back of the left ear of the lamb are included in the recall.
The production batch code is printed in a dial format with the year in the middle of a circle and an arrow pointing to the number on the circle that indicates the month. Rattles that don't have a date code aren't included in the recall.

The recalled rattles were sold in stores from September 2007 and February 2008. The rattles were made in China. The company is offering to replace the rattle with another item.

If you would like to learn more about product recalls, please visit InjuryBoard's Defective & Dangerous Products information page.

Originally posted at InjuryBoard by Shannon Weidemann