Crash, Injury Risk Prompt Bicycle Recalls

June 12, 2015

bicycle.jpgFlorida is the leading state for bicycle injuries and fatalities. Most of those incidents can be attributed to collisions with motor vehicles. But in some cases, injured cyclists should not overlook the possibility that defective design or manufacturing of the bicycle itself may be partially or solely to blame.

Recently, the Consumer Product Safety Commission issued a recall notice of hundreds of bicycles manufactured early this year by GT. The down hill mountain bicycle is a risk to riders because the front wheel hub has the potential to break and cause the disc brake system to fail. In turn, this poses a major crash and injury risk to riders. The recall involves all 2015 model year GT Fury Elite and GT Fury Expert downhill mountain bikes.

No injuries have thus far been reported in relation to the defect, but the Connecticut-based importer has received reports of two broken hubs. These bicycles, which were made in Taiwan, retail for between $3,200 and $4,400.

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Coba v. Tricam Indus., Inc. - Florida Supreme Court Weighs Defective Ladder Case

May 31, 2015

ladder6.jpgFalls are a leading cause of death, according to research from the Centers for Disease Control and Prevention, and nearly half of those fatal falls occur from ladders.

Such was the case for a man whose family later sued the ladder manufacturer for designing a defective product. The case, Coba v. Tricam Indus., Inc., asserted strict liability for the allegedly defective 13-foot ladder.

Jurors at trial sided with the plaintiffs, awarding $1.5 million in their product liability wrongful death case. But the jury's verdict was technically inconsistent. They found there was not a design defect in the ladder, but they still found the defendant was negligent and that negligence resulted in the decedent's death. They found the decedent 80 percent liable and the defendant 20 percent liable, thus awarding the estate $350,000.

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Failure to Report Defective Lawnmowers Results in $1.6 Million Civil Penalty

May 12, 2015

lawnmower11.jpgMany homeowners have either gas- or electric-powered lawn mowers. They are relatively easy to use, and often adolescents and even children are tasked with the chore of mowing.

But these are powerful machines, and they have the potential to cause serious and potentially fatal injuries. To put it into perspective, the blades on a mower produce three times the kinetic energy of a .357 handgun. The U.S. Consumer Product Safety Commission reports 235,000 adults and 17,000 children are injured annually by lawn mowers. Most of those injured are boys. The most common injuries include cuts, burns, fractures, and amputations.

Given the potential dangers, one would think designers and manufacturers of lawn mowers would be especially careful to ensure their products are safe when used as intended, or that when issues arise, the public would be warned immediately.

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Reckis v. Johnson & Johnson - Child Cold Medicine Company Pays $63M

April 28, 2015

coughmedicine.jpgMost parents think nothing of giving their child a dose of Tylenol or Motrin for a fever. Plaintiffs in Reckis v. Johnson & Johnson didn't either, although the child's father was careful to say he'd read the warning on the back of the bottle. Nothing on that label indicated that his child might run the risk of developing a severe, life-threatening skin reaction to the medication.

Had he seen that, he later told jurors, he would never have given his daughter the medication for a persistent fever. But there was no such warning on the label, and the child did develop just such an infection. As a result, she almost died. Her recovery has been slow and painful. In fact, she will never fully recover. She will likely be dependent on someone for basic daily tasks for the rest of her life.

The drug company knew such a reaction was a risk, but it argued any labeling lawsuits were preempted by federal law. Jurors who heard the case within a Massachusetts trial court disagreed, as did the panel of justices for the Massachusetts Supreme Judicial Court, which recently affirmed the $63 million judgment favoring the child and her parents.

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CPSC: New Federal Standard for Child Carrier Safety

April 10, 2015

babytoes.jpgWith dozens of children injured as a result of falls or other mishaps associated with frame child carriers, the U.S. Consumer Product Safety Commission has issued new safety standards for these popular products.

These are carriers made mostly of fabric as well as tubular metal, and they are designed much like a backpack. They are designed primarily for children who weigh between 16 and 50 pounds and can at least sit upright on their own. The child faces either front or back, and the frame is worn on the caregiver's back, often for use in outdoor activities like hiking. Generally, they cost anywhere from $100 to $300. The 16 identified manufacturers that produce these carriers either focus their efforts on child nursery products or camping and hiking gear.

The new safety standards, which were approved in February, don't go into effect until August 2016. The updates address a number of injury-causing issues identified with these child products, including:

  • Pinching

  • Exposed coil springs

  • Small parts

  • Lead paint

  • Structural integrity and stability

  • Leg openings (preventing smaller children from falling through a single leg opening)

  • Weight limits (ensuring product can hold three times the listed weight limit)

  • Proper restraints

  • Unintentional folding

  • Flammability

  • Sharp points

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Florida Supreme Court Clarifies Product Liability Jury Instructions

April 1, 2015

gavel21.jpgThe Florida Supreme Court last month issued an opinion that adopts a new set of jury instructions for product liability cases.

The move, as set forth in In Re: Standard Jury Instructions in Civil Cases - Report No. 13-01 (Products Liability), is the ending of a transition that started nine years ago when the Committee on Standard Jury Instructions in Civil Cases first initiated an overhaul of the model instructions for all civil cases.

The first round of changes, approved in 2010, excluded product liability. In 2012, some preliminary revisions were to product liability jury instructions, but the court was clear: more work was necessary. Now, three years later, the court has reached a conclusion.

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Book v. Voma Tire Corp. - Dangerous Tire Lawsuit to Proceed

March 17, 2015

tire2.jpgA defective tire that fails while a vehicle is in motion can result in a serious accident and potentially catastrophic injuries.

The recent case of Book v. Voma Tire Corp. involves an allegedly defective tire that resulted in serious injury. However, the case differs a bit in that the vehicle wasn't in motion at the time of injury. Rather, it reportedly blew up on a teenager who was attempting to inflate it.

The issue before the Iowa Supreme Court in this case was whether a large, multi-national defendant had the right to have the case dismissed in state district court for lack of personal jurisdiction. That is, the defendant didn't operate in the state of Iowa. It's a Chinese company. Thus, it argued the district court didn't have the right to hear the case.

However, the Iowa Supreme Court disagreed, allowing this defective tire product liability claim to move forward in state court.

According to court records, the victim was 17 at the time of the incident, son of an owner/operator of an auto repair shop. He worked part-time for his father through an apprentice program at his high school.

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Safety of Dietary Supplements Challenged Amid Investigation

February 26, 2015

gelcaps.jpgAn investigation into the efficacy of over-the-counter dietary supplements revealed the products did not even contain the herbs that were listed on the labels. This prompted the New York state attorney general's office to order four major retailers - Walgreens, Target, GNC and Wal-Mart - to yank their store-branded supplements from shelves.

The good news is most of what those products did contain was reportedly "filler," which is mostly to say the substances were generally harmless (beans, carrots, powdered rice, peas,etc.), though there were some that contained possible allergens not listed on the labels (peanuts and soybeans).

The bad news is, there is a strong potential that many other supplements from other brands remain on shelves without clear accountability of what is contained therein. Plus, these brands use carefully-worded promotional ads to tout uses that are unproven and unapproved. In some cases, they can be very harmful.

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Velasquez v. Centrome, Inc. - Plaintiff Gets Second Chance in Product Liability Case

February 12, 2015

bins.jpgA worker allegedly sickened by exposure to dangerous chemicals contained in certain food flavorings has won a new trial against the supplier of those flavorings, after an appeals court ruled the trial judge improperly disclosed the plaintiff's status as an undocumented immigrant.

The ruling in Velasquez v. Centrome, Inc. underscores the responsibility companies have to protect against exposure to harmful products - a responsibility that should not be diminished simply because of a plaintiff's immigration status.

According to court records, the plaintiff alleged his lung disease was the result of occupational exposure to a chemical compound called diacetyl, which gives an intense buttery flavor and was distributed by the defendant. The plaintiff began work as a temporary employee at a company that made food flavorings, and within a year, he became a full-time, permanent employee.

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Birth Control Lawsuits Continue to Rise Amid Complications

January 26, 2015

woman.jpgComplaints are beginning to rise among the nearly 1 million women who have been implanted with a medical device intended for contraception. The woman say the device, named Essure, can cause extreme pain, bleeding and damaged tissue. Many have had to endure numerous surgeries in order to have the devices extracted. Some - including young women - have had to undergo hysterectomies, allegedly as a result of complications caused by these devices.

Unfortunately, patients who used the device are finding it difficult to pursue litigation. The company that produces the device, Conceptus, was purchased by Bayer HealthCare early last year. Due to a medical device amendment passed by Congress, devices such as this that won pre-market approval from the U.S. Food & Drug Administration may not be subject to common law claims. The amendment even withstood a challenge in the U.S. Supreme Court.

So even though the FDA approved the device after a small study of just 500 women, victims may have little options for recourse unless they can show doctors weren't sufficiently trained by the manufacturer to implant the product, or the maker broke federal law in some regard.

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Testosterone Therapy Dangers Highlighted in Study, New Drug Testing

January 16, 2015

muscles.jpgTestosterone treatments are a multi-billion dollar industry in the U.S. Commercials promise men renewed energy, a powerful sex drive, and better moods.

According to NBC News, doctors wrote 7.5 million testosterone prescriptions in 2013 - nearly double the number written just six years earlier. Although these treatments are sometimes warranted, they are not without risk. Last year, the U.S. Food & Drug Administration issued a warning indicating testosterone therapy is associated with a heightened risk of potentially lethal blood clotting, known as deep vein thrombosis. There have been assertions that long-term data on the real risks is insufficient.

Recently, the journal Endocrinology published a study indicating testosterone replacement therapy may put men at higher risk of developing prostate cancer. While there are other studies that seem to indicate the risk is minimal, the latest research from scientists at the Department of Pathology at the University of Illinois suggests the potential is substantial. In their research, study authors used a slow-release testosterone implant device on some rats and on others used nothing. Then, they injected some of the rats in both groups with a chemical known to cause cancer.

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Colombo v. BRP US, Inc. - Jet Thrust Injury on Personal Watercraft

January 6, 2015

jetski.jpgThe Florida Fish & Wildlife Conservation Commission reports there are approximately 111,000 registered personal watercraft in the state of Florida. In 2013, these recreational water vehicles, which include Jet Skis, Sea-Doos, and Waverunners, were involved in 137 accidents, with Miami-Dade reporting more than any other county.

These accidents resulted in 125 injuries and 10 deaths. While most of those involved did not die, those injured often suffer serious and sometimes lifelong consequences. Among the worst are internal injuries and orifice injuries caused by jet thrust. This is the jet of water ejected from the craft.

On personal watercraft, passengers and operators are often thrown or fall off the back of the vehicle. If riders are not wearing a protective wet suit, that thrust of water is propelled with such force that it can result in serious internal injuries.

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Confidential Airbag Settlements Seal Information Relevant to New Plaintiffs

December 15, 2014

passengerairbag.jpgIt's not uncommon for civil litigation to be resolved through settlement prior to trial. Typically, this is advantageous for both parties for a myriad of reasons, though it can sometimes come with one catch: confidentiality.

In exchange for keeping the details of the agreement private, plaintiffs may receive a damages award. Businesses typically have a vested interest in keeping such information under wraps. In particular, companies benefit when future plaintiffs with the same or similar claims may not access details that could be relevant to their own case, details that would be public had the case gone to trial or the settlement not been confidential.

Such is the case currently with regard to the first of what will likely be scores of product liability lawsuits against Takata Corp., the Japanese-based airbag manufacturer whose defective vehicle parts have reportedly contributed to numerous injuries and several deaths. The airbags reportedly deploy with such force that the metal contained inside becomes shrapnel in the event of impact.

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Vaginal Mesh Litigation Continues Amid Multi-Million Dollar Verdicts, Settlements

November 26, 2014

womanwindow.jpgInjuries resulting from transvaginal mesh implants are not only painful but have proven life-altering.

Since the products were first released on the market several years ago for treatment of pelvic prolapse and other conditions, tens of thousands of women have filed lawsuits alleging major complications. Many patients had to undergo revision surgery - sometimes numerous revision surgeries - to correct problems associated with the device.

In essence, these devices were poorly designed by manufacturers that failed to test the long-term safety of their materials in the human body. The products were not subject to rigorous testing typically required for medical devices by the U.S. Food and Drug Administration because manufacturers exploited a loophole through the 510(k) program allowing them to assert their device was "substantially similar" to an existing product.

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Kenser v. Premium Nail Concepts - New Trial in Nail Product Poisoning Case

October 29, 2014

nails.jpgThe Montana Supreme Court recently granted a new trial in a product liability claim stemming from an injury suffered by a nail salon operator, allegedly from use of a liquid acrylic nail mix.

A jury had already weighed the plaintiff's claims for defective manufacturing, failure to warn, and defective design in Kenser v. Premium Nail Concepts, Inc. and returned a verdict favoring the defendant.

On review, however, the state supreme court reversed, finding the trial court abused its discretion in a number of areas, including allowing certain defense expert witness testimony, denying the plaintiff an opportunity to cross-examine that expert witness, and issuing several erroneous jury instructions.

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