South Carolina Personal Injury Blog - Defective Products

Defective Chinese Drywall Lawsuits Press Forward

Pete Strom — Thu, 24 Sep 2009 20:43:12 GMT

Chinese Drywall, a wide flat board used to create interior walls, is alleged to be emitting sulfur-based gases that:

cause your home to smell like rotten eggs,
corrode air-conditioner coils,computer and electrical wiring, and
cause chronic health problems including sinus problems, a scratchy throat, itchy eyes, as well as other symptoms that go away when you leave the home.

As we have reported, all of the pending faulty Chinese Drywall claims have been consolidated into the US District Court for the Eastern District of Louisiana. The assigned Multi-District "MDL" Court held a status conference today in New Orleans, Louisiana. We attended the status conference and are proud to supply you with the following report:

During the status conference, the Court advised that it has posted a markings catalog on its website under the "Drywall MDL" tab. The parties also discussed the vaious pretrial orders, copies of which are available on the Court's website.

In accordance with the Court's request at the status conference held last month, inspections have begun and ten properties have been tested. The protocol for these inspections has been amended and an additional ten homes will be tested.

The court will set bell weather trials for January through March 2010. Bellwether cases are actual trials of a small number of cases selected out of all of the pending cases to offer a picture of what a jury may decide in subsequent cases. It is very clear that the Court wants these cases moving.

The court set the next status conference for October 15, 2009. We will keep you updated.

Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles personal injury, criminal defense, defective products, class actions, pharmaceutical liability, toxic torts, medical malpractice, nursing home neglect, workers compensation, social security, veteran's benefits, qui tam, predatory lending, tax investigations, business litigation, and wills and estates. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, and Georgia

Originally posted at InjuryBoard by Pete Strom

Health Risks from Denture Cream turn Smiles into Frowns

Amanda Wick — Thu, 11 Jun 2009 09:51:06 GMT

As the saying goes, you are never fully dressed without a smile. For years Poligrip and Fixodent have helped those with dental work such as dentures and bridges keep their teeth in place. Users with difficult fitting dentures have stood by these products and used them several times per day. Although denture cream is placed in your mouth and may potentially be swallowed or absorbed into the blood stream, the FDA classifies denture cream as a Class 1 low risk dental device, meaning Poligrip and Fixodent were not even required to advise you as to what is in the cream. Denture cream users are now faced with the reality that denture cream products contain zinc and may lead to problems including:

* Paralysis

* Numbness

* Loss of Sensation

* Tingling in the Hands or Feet

* Muscle Weakness

* Unexplained Pain

The zinc poisoning caused by Poligrip and Fixodent can cause permanent injury if it is not diagnosed early and treated. Several lawsuits have already been filed claiming that Poligrip and Fixodent should have tested these creams and warned consumers that they are dangerous.

Are you a denture cream user who has unexplained symptoms? Contact a denture cream attorney who can help protect your rights. Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles personal injury, criminal defense, defective products, class actions, pharmaceutical liability, toxic torts, medical malpractice, nursing home neglect, workers compensation, social security disability, veteran's benefits, qui tam, predatory lending, tax investigations, business litigation, and wills and estates. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, Georgia, Florida, and the District of Columbia.

Originally posted at InjuryBoard by Amanda Wick

Yamaha Rhino Recall - Models 450 and 660

Will Parker — Wed, 01 Apr 2009 10:23:44 GMT

Yesterday the Associated Press reported all Yamaha Rhino 450 and 660 model vehicles were recalled for repairs designed to prevent accidents resulting in 46 deaths and hundreds of injuries between the fall of 2003, when the vehicles were first distributed, through the present.

More than two-thirds of the incidents were rollovers. According to the CPSC many of the incidents involved turns on level ground at relatively slow speeds. A number of incidents did involve riders not wearing safety belts.

The repairs are designed to reduce rollover risk, as well as to improve handling and keep riders’ limbs inside the vehicles.

Rhino 450 and 660 owners should stop using these vehicles and call their local dealer to schedule an appointment for repairs.

Sales of these vehicles have been suspended to conduct repairs. This represents the first government recall of this category of rv. If you or anyone you know has been injured as a result of one these models, feel free to contact us at any time.

For more detailed information, you may contact Yamaha at 800-962-7926.

SOURCE: The Associated Press

Originally posted at InjuryBoard by Will Parker

CPSC Recalls Igloo Coolers Due to Lacerations

Amanda Schlager — Thu, 25 Sep 2008 16:11:26 GMT

On September 24, 2008, the U.S. Consumer Product Safety Commission recalled nearly 7,000 Igloo coolers due to a hazardous latch.

The stainless steel latches on the Igloo Marine Elite Coolers have been reported to cause lacerations to consumer’s arms and legs. So far, eight incidents have been reported. The injuries sustained from the sharp latches have been severe enough to require stitches.

The Marine Elite Cooler model of Igloo coolers was sold exclusively to West Marine stores nationwide from January 2008 to July 2008. The recall includes white colored models with stainless steel latches in the 72 quart, 94 quart, 128 quart and 162 quart sizes.

Consumers are urged to stop using this model cooler immediately and to contact Igloo for a free replacement latch kit. Customer service representatives for Igloo can be reached toll-free at (888) 257-0934. Information can also be obtained from their website www.igloocoolers.com/safetyalert.

If you are injured as a result of using this product, or any product, seek medical attention. Keep copies of your medical records and the bills you incur as a result. Representatives of the Company that made the product will often ask you for this information should you call in to report your injury. They may also ask you for other items you may need to provide them, such as a broken part, a UPC code from the purchased item, or other proof of purchase, like a receipt. Sometimes, a Company will have a very streamlined process for dealing with these injuries and will compensate you for your injuries by simply submitting the proper materials.

However, my clients frequently report that their experience with the Company’s representative was frustrating and sometimes completely unhelpful. Some clients have even been told by the Company’s representatives to just “call a lawyer.” While this isn’t always necessary, it can be useful. A lawyer can help you navigate the process, ensure you have all the proper materials, and may seek damages for pain and suffering, in addition to your medical bills.

If you are injured as a result of a defective product, please keep the product, your receipt, and any other materials associated with it. While you do not need a lawyer, you should consider seeking legal help if you find the company to be non-responsive to your requests.

Originally posted at InjuryBoard by Amanda Schlager

Salton Electric Toasters Under Voluntary Recall Due to Fire Hazard

Amy Rothschild — Thu, 20 Mar 2008 14:14:40 GMT

On March 19, 2008, the United States Consumer Product Safety Commission announced that along with Salton, Inc., a voluntary recall has been issued for certain toaster oven models sold between 2000 and 2007. While no injuries have been reported, the toaster can turn on without bread in the slots and ignite items placed on top of it, posing a fire hazard. As an aside, QVC, a home shopping channel, recalled 13,000 similar models in December 2007.

Originally posted at InjuryBoard by Amy Rothschild

Mitsubishi Ordered To Pay $11 Million For Death Resulting From Defective Seatbelt

Amy Rothschild — Tue, 04 Mar 2008 12:16:45 GMT

On February 26, 2008, a jury in Palm Beach County in Florida, ordered Mitsubishi to pay $11 million in damages to the parents whose 25 year old son died after being partially ejected from a sports utility vehicle. Of this amount, $10 million dollars was awarded for their son's pain and suffering and the rest was awarded for funeral expenses and other losses. Scott Laliberte, the deceased, was involved in a rollover accident in 2004 and died four hours after the accident. Even though he was properly belted on the passenger side, he was thrown out of the rear window.

The lawyers for the parents claimed that Mitsubishi marketed and sold its Montero SUV despite having knowledge that its seatbelts had problems. Donna and Peter Laliberte of Maine argued that Mitsubishi put its Montero SUV on the market despite known problems with the seat belt. The family's laywers further argued that Mitsubishi released a new version of the vehicle halfway through the 2000 model year to correct the flaws but never told customers about the defect in the earlier model.

While Mitsubishi's attorney stated that the new model was not redesigned to correct flaws in the seatblet, and rather, focused on the vehicle's front structure, he did acknowledge that the changes were a result of poor crash tests. Mitsubishi has suffered from various accusations and assaults in recent years over defects in some of its vehicles which Mitsubishi first attempted to hide. The scandal first surfaced in 2000, when Mitsubishi admitted it had hidden defects from the public for years. Instead of immediately initiating recalls after dozens of accidents, Mitsubishi secretly repaired the vehicles. Mitsubishi later acknowledged it had hidden defects for decades.

Even though the family and their son were from Maine, the legal action was filed in Palm Beach County Circuit Court because the Mitsubishi has business operations in the area.

Originally posted at InjuryBoard by Amy Rothschild

Grassplot Brand Dried Pachyrhizus Recalled Due to Undeclared Sulfites

Jenny Albano — Sat, 23 Feb 2008 17:19:34 GMT

Lion Pavilion LTD., in conjunction with the FDA, is recalling 8 ounce packages of Grassplot brand Dried Pachyrhizus due to undeclared sulfites. Consumers who are sensitive to sulfites can run the risk of serious or life-threatening allergic reactions and side effects if they consume this product.

The product comes in an uncoded 8 ounce, clear plastic package. The recalled packages of Grassplot brand Dried Pachyrhizus were distributed nationwide.

The problem was discovered after the New York State Department of Agriculture and Markets Food Inspectors sampled the product and then had it analyzed by the Food Laboratory. After the analysis it was revealed that there were sulfites in the Grassplot Dried pachyrhizus that were not listed as an ingredient on the label.

The consumption of 10 milligrams of sulfites per serving has been reported to elicit severe reactions in some asthmatics. Anaphylactic shock could occur in certain sulfite sensitive individuals upon ingesting 10 milligrams or more of sulfites.

So far the company has not received any reports of illness or allergic reaction. The product was made in China.

Originally posted at InjuryBoard by Jenny Albano

Olivier brand Parmesan & Asiago Dip with Garlic & Basil Recalled Due to Contamination

Jenny Albano — Tue, 05 Feb 2008 20:50:39 GMT

Olivier Oil Products, Inc., in conjunction with the FDA, is recalling Olivier brand Parmesan & Asiago Dip with Garlic & Basil because it may be contaminated with Clostridium botulinum.

Clostridium botulinum is a bacterium which can cause life-threatening illness or death. Symptoms of botulism include: general weakness, dizziness, double-vision and trouble with speaking or swallowing. Difficulty in breathing, weakness of other muscles, abdominal distension and constipation may also be common symptoms. People experiencing these problems should seek immediate medical attention. There have been no reported illnesses.

The recalled products were sold at William-Sonoma stores across the U.S. and to Olivier Napa Valley stores in Truckee and St. Helena, California. The dip with the following lot codes are affected by the recall: OPA 34171; OPA 23471; OAP 17271; OAP 17671; OAP 36061; OAP 36161; OPA 33961.

The Olivier brand Parmesan & Asiago Dip with Garlic & Basil is packaged in an 11.76 ounce jar and the lot code is on the side of the glass jar where there is no label.

The Michigan Department of Agriculture is conducting recall audits checks to make sure that all potentially contaminated products are removed from stores and disposed of correctly.

When disposing of the dip, double-bag it and make sure bags are tightly closed, then place in a trash receptacle for non-recyclable trash. Retailers should only place the recalled product in locked receptacles that are not accessible to the public.

Originally posted at InjuryBoard by Jenny Albano

CPSC Recalls Toy Wrestler Figures for Excessive Lead

Courtney Mills — Tue, 15 Jan 2008 17:31:47 GMT

The federal government issued a recall today for about 5,600 toy figurines because they violated the federal lead paint standard. These toy figures were sold mainly over Christmas and were made by A.A. of America of East Brunswick, New Jersey.

The CPSC, the U.S. agency charged with the oversight of toy safety, announced the recall in conjunction with the toy company to alert the public to the high lead content of paint on these toy figures. The agency directed parents to remove these toys from children as soon as possible.

The toy figures were sold in the U.S. from January to December 2007 for about $1. Parents can return the action figures, which were sold in sets of four, for a full refund at the place of purchase.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Courtney Mills

Another Beef Recall Due to Concerns Regarding the Deadly E-Coli Bacteria

Amy Rothschild — Mon, 14 Jan 2008 14:19:07 GMT

Rochester Meat Co. of Rochester, Minnesota, a meat packing company, recalled about 188,000 pounds of ground beef patties and some other products because of E. coli bacteria concerns. The affected meat was manufactured Oct. 30 and Nov. 6, and was shipped nationally to food distributors for use in restaurants and food service institutions. It was not sold to retailers.

The United States Department of Agriculture's Food Safety and Inspection Department said that the recall was issued after five people became sick in Wisconsin and one in California. The meat may be contaminated with a strain of bacteria called, "E. coli O157:H7," which is potentially deadly and can cause bloody diarrhea and dehydration. The very young, senior citizens and those with weakened immune systems are most at risk.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Amy Rothschild