Injuryboard Commentary - Product Liability

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

Toyota Recalls 4 Million Vehicles to Fix Gas Pedals

Mike Ferrara — Thu, 26 Nov 2009 17:15:35 GMT

After receiving more than 100 reports of accelerators getting stuck on driver’s side floormats, causing several deaths in high-speed crashes, Toyota is recalling more than 4 million vehicles to repair or replace their gas pedals.

The gas pedal recall is Toyota's largest in the U.S. and the sixth-largest ever in the U.S., according to the National Highway Traffic Safety Administration. It includes 3.8 million vehicles, including the 2007-10 model year Camry, 2005-10 Toyota Avalon, 2004-09 Prius, 2005-10 Toyota Tacoma, 2007-10 Toyota Tundra, 2007-10 Lexus ES350 and 2006-10 Lexus IS250/350. NHTSA said 4.26 million vehicles would be covered, including new cars and trucks sold since September and others manufactured since the recall was announced. -AP

According to Toyota, the gas pedals have been getting stuck simply because they are too long, and not because of any sort of electrical problem. The company is developing new shorter pedals that dealers will install in customer vehicles starting next April. Beginning in January, dealers will offer to shorten the length of customers’ gas pedals by about ¾ of an inch while they wait for replacement pedals to become available.

Toyota also plans to install brake override systems in the Camry, Avalon, and Lexus ES350, IS350, and IS20, so that if the brake and accelerator are applied at the same time, the brake will win out and stop an out-of-control car. According to Toyota, these models are at the highest risk for pedals getting stuck in floor mats.

In November, Toyota issued a statement saying NHTSA had confirmed "that no defect exists in vehicles in which the driver's floor mat is compatible with the vehicle and properly secured." But in a rare rebuke, NHTSA accused Toyota of releasing misleading information about the recall, saying removing the mats did not "correct the underlying defect." Toyota said it was not the company's intention to mislead anyone. -AP

Whether Toyota deliberately misled us or not, life-threatening safety issues like these should never arise at all. The company needs to take more care in the development and safety testing stages to prevent their products from causing unnecessary injury and death in the first place.

If you own one of these Toyota models, please contact Toyota at 800-331-4331 or the NHTSA hot line at 888-327-4236 for more information about the recall.

Originally posted at InjuryBoard by Mike Ferrara

Stork Craft Recalls 2.1 Million Drop Side Cribs

Mike Bryant — Mon, 23 Nov 2009 22:16:03 GMT

Today, The U.S. Consumer Product Safety Commission and Stork Craft Manufacturing Inc., of British Columbia, Canada recalled 2.1 million Stork Craft drop-side cribs. drop-side plastic hardware can break, deform, or parts can become missing. In addition, the drop-side can be installed upside-down, which can result in broken or disengaged plastic parts. All of these problems can cause the drop-side to detach in one or more corners. When the drop-side detaches, it creates space between the drop-side and the crib mattress. The bodies of infants and toddlers can become entrapped in the space which can lead to suffocation. Complete detachment of drop-sides can lead to falls from the crib.

CPSC, Health Canada, and Stork Craft are aware of 110 incidents of drop-side detachment; 67 incidents occurred in the United States and 43 in Canada. The incidents include 15 entrapments; 12 in the U.S. and three in Canada. Four of the entrapments resulted in suffocation: a 7-month-old in Gouverneur, N.Y.; a 7-month-old in New Iberia, La.; a 6-month-old in Summersville, W.Va.; and a 9-month-old in Bronx, N.Y. Included in these incidents are 20 falls from cribs; 12 in the U.S. and eight in Canada. Fall injuries ranged from concussion to bumps and bruises.

http://www.youtube.com/watch?v=t2JehETgNjc&feature=player_embedded

The cribs involved in these incidents had plastic drop-side hardware that had broken, missing, or deformed claws, connectors, tracks, or flexible tab stops; loose or missing metal spring clips; stripped screws; and/or drop-sides installed upside-down.

The cribs were sold at major retailers including BJ’s Wholesale Club, J.C. Penney, Kmart, Meijer, Sears, USA Baby, and Wal-Mart stores and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com from January 1993 through October 2009 for between $100 and $400.

This recall includes Stork Craft cribs with manufacturing and distribution dates between January 1993 and October 2009. This recall also includes Stork Craft cribs with the Fisher-Price logo that have manufacturing dates between October 1997 and December 2004. The Stork Craft cribs with the Fisher-Price logo were first sold in the U.S. in July 1998 and in Canada in September 1998. 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 Stork Craft cribs that contain 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 cribs were manufactured in Canada, China and Indonesia.

Consumers should immediately stop using the recalled cribs and wait for the free repair kit, and do not attempt to fix the cribs without the kit. They should find an alternative, safe sleeping environment for their baby. Consumers should contact Stork Craft to receive a free repair kit that converts the drop-side on these cribs to a fixed side. Stork Craft can be contacted at (877) 274-0277or through their website www.storkcraft.com

If you or a family member is injured by a product, you need to get immediate medical care. If there is a significant affect or injury, you should contact an attorney concerning the problem. Early investigation can include the collection of product, checking recall alerts, and the proper notifying of those who caused the problem.

Originally posted at InjuryBoard by Mike Bryant

Treestands Recalled By Gander Mountain

Mike Bryant — Mon, 16 Nov 2009 08:39:00 GMT

The second week of November, The U.S. Consumer Product Safety Commission and Gander Mountain Company, of St. Paul, Minn,recalled 13,000 Hang-On Fixed Position Treestands. The clasp may open unexpectedly if the strap is fastened incorrectly, causing the treestand and user to fall to the ground.

This recall involves he 2008 model GMT101 and 2008 model GMT103 Hang-On Fixed Position Treestands. The recalled treestands have wire mesh on the base of the platform to the top of the footrest and a Gander Mountain logo on the front of the seat. In addition, the seat has a camouflage pattern that is branded “AP” and “REALTREE”. Model GMT101 has “Steel Hang-On With Foot Rest” printed in large bold print on the exterior of the box and the GMT103 has “Large Steel Hang-On With Foot Rest” printed on the exterior of the box. This recall does not affect the 2009 year models GMT101 and GMT103 Hang-On Fixed Position Treestands manufactured by Rivers Edge..

The strollers were sold at Gander Mountain stores from July 2008 until July 2009. The GMT101 was sold for about $60 and the GMT103 was sold for about $80. The products were made in China.

Consumers should immediately stop using recalled treestands and return them to Gander Mountain for a refund, exchange for a 2009 model or a store credit. Consumers can contact Gander Mountain at (888)-542-6337 or visit the firm’s Web site at www.gandermountain.com.

Originally posted at InjuryBoard by Mike Bryant

One Million Baby Strollers Recalled By Maclaren

Mike Bryant — Tue, 10 Nov 2009 07:47:21 GMT

The first week of November, The U.S. Consumer Product Safety Commission and Maclaren USA, Inc., of South Norwalk, Conn., recalled 1,000,000 Maclaren Strollers. The stroller’s hinge mechanism poses a fingertip amputation and laceration hazard to the child when the consumer is unfolding/opening the stroller. There has been 12 finger amputations as a result of the problem.

This recall involves all Maclaren single and double umbrella strollers. The word “Maclaren” is printed on the stroller. The affected models included Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno and Easy Traveller.

The strollers were sold at Babies“R”Us, Target and other juvenile product and mass merchandise retailers nationwide from 1999 through November 2009 for between $100 and $360. The products were made in China.

Consumers should immediately stop using he recalled strollers and contact Maclaren USA to receive a free repair kit Consumers can contact Maclaren USA at (877) 688-2326 or visit the firm’s Web site at www.maclaren.us/recall.

Originally posted at InjuryBoard by Mike Bryant

3.8 million Toyotas Equal 6th Largest American Recall:Too Late For Four Killed

Mike Bryant — Tue, 03 Nov 2009 23:32:44 GMT

Apparently two years ago there were five complaints from owners of the 2007 Lexus ES 350 about unintended acceleration. It took them a little while, but after an apparent "thorough investigation" Toyota and the National Highway Traffic Safety Administration have now recalled the all-weather floor mats in 2007 and some 2008 ES 350s as well as their sibling, the Toyota Camry. Admitting that the floor mats could jam accelerators on 3.8 million Toyotas.

If they had acted faster would they have saved the four people in California who were killed in a recent crash involving a Lexus with a stuck accelerator pedal? Do you think it was the complaints of the potential litigation that finally caught up with Toyota and made them do something? Maybe, tort deform damage caps might have gotten them to act faster? You have got to be kidding me or maybe you own stock in Toyota.

The recall will affect 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

For more information, consumers can contact the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987.

Originally posted at InjuryBoard by Mike Bryant

Target Halloween Flashlights Recalled

Mike Bryant — Thu, 29 Oct 2009 18:33:00 GMT

The last week of October, The U.S. Consumer Product Safety Commission and Target, of Minneapolis, Minn., recalled 610,000 Halloween Flashlights. The flashlights can overheat and melt, posing a burn hazard to consumers.

This recall involves two types of Halloween-themed flashlights: the mini flashlights and flashlights sold with stencils.

Mini Flashlights - The mini flashlights have a key ring extending from the bottom and were sold in a pack of three colors: orange, green and black. The orange and purple packaging has “Mini Flashlights (3 Pack)” printed on the front and “DGI”, “Made in China” and “DPCI# 234-02-1813” printed on the back.

Standard Size Flashlights - Also included in the recall are standard sized flashlights with a black handle and an orange top. The flashlights were sold with six stencils in various colors and images: a pumpkin, ghost, spider, cat, witch and skull & cross-bones. “Flashlight with Stencil” is printed on the front and “Tien Hsing,” “Made in China” and ”234 02 1838” is printed on the back of the packaging.

The flashlights were sold in Target stores nationwide from August 2009 through September 2009 for $1 for the mini flashlights and $2.50 for the flashlights with stencils.. The products were made in China.

Consumers should immediately stop using the flashlights contact and Target at (800) 440-0680 or through Target's web site at www.target.com.

Originally posted at InjuryBoard by Mike Bryant

North Carolina’s Extended Statue of Repose for Product Liability

Gary Shipman — Wed, 28 Oct 2009 16:18:06 GMT

North Carolina’s extended Statue of Repose has been in effect since October 1, 2009. The House Commerce Committee unanimously voted to extend the statue of repose. The amendment states that all claims for defective products will be increased from six to twelve years for actions that accrue on or after October 1, 2009. Actions that accrued prior to October 1, 2009, the former statue of six years after the date of initial purchase or consumption will apply.

The six year statue of repose that North Carolina previously followed was the shortest period in the nation. This statue of repose barred a significant amount of claims, leaving many people without the compensation they deserved. The new twelve year statue of repose will positively impact many situations and North Carolina should expect to see a rise in defective product claims.

Originally posted at InjuryBoard by Gary Shipman

Runaway Toyota Vehicles Take Lives

Paul Thomson — Fri, 23 Oct 2009 14:35:50 GMT

Recent reports of fatal crashes involving Toyota and Toyota-made Lexus vehicles are frightening! The crashes involve the cars accelerating uncontrollably, reaching speeds of 120 MPH, and leaving drivers with no ability to brake! The company's apologies seem sincere, however they are blaming the acceleration problem on the floor mat causing the accelerator to get stuck. This explanation fails to acknowledge life-threatening defects in the cars' overall designs, described in this article.

Toyota's designs have become increasingly computerized, making them more complicated. Many of the high-tech features designed for convenience have proven to be unsafe in emergency situations. The push-button start system is confusing and makes it difficult to turn the car off if it is accelerating out of control. The way the gear selections are arranged is also confusing and makes putting a runaway car into neutral challenging, especially in a high-stress emergency situation. The power-assisted braking system also fails to operate effectively when the car is traveling at full speed.

While removing floor mats is not a bad for a quick fix, Toyota needs to rethink their designs and include foolproof methods to stop an our of control car. The current design is clearly defective and life-threatening to anyone on the road! Aren't five fatal crashes more than enough to cause Toyota to acknowledge that their product is dangerous?

Originally posted at InjuryBoard by Paul Thomson

Avandia Increases Risk of Heart Failure and Death

Alan Ripka — Fri, 11 Sep 2009 15:17:24 GMT

Have you, a loved one, or friend taken Avandia and been injured? Avandia has been associated with heart failure, and in some cases, death. Avandia, which is manufactured by GlaxoSmithKline, is an oral diabetes medicine that helps control blood sugar levels by making the cells of the body more sensitive to the action of insulin. This drug is for Type 2 Diabetes only.

Avandia can cause or exacerbate congestive heart failure in some patients. Studies have shown that this drug is associated with an increased risk of myocardial ischemic events such as angina or myocardial infarction. During a six-year study, 6.9 percent of patients on Avandia died or were hospitalized for a heart attack or heart failure. In fact, patients taking Avandia are more likely to develop heart failure or die than those taking rival drugs, such as Actos.

Researchers of the review remark that given the evidence of harm with Avandia and the lack of benefit beyond what is seen with rival drugs, it’s reasonable to question whether continued use is justified. Although the drug comes with a warning on it’s label, Alan Ripka, Esq., maintains that those taking Avandia should be screened, warned and monitored for all the potential side effects. Those injured as a result of taking Avandia may be entitled to compensation for their pain, suffering, medical bills and lost income.

If you, a friend, or loved one takes Avandia, and think you have been harmed as a result, please contact our law office. The professional team of lawyers at Napoli Bern Ripka law firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against large companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, personal injury, and medical malpractice is prepared to go to court and have a trial if necessary. Please contact our office and ask for Alan Ripka, one of our partners. Please specifically mention that you read the blog when contacting our office.

Originally posted at InjuryBoard by Alan Ripka