Louisville Personal Injury Lawyer - Defective & Dangerous Products

Chinese Drywall Now Affecting Canada

Karl Truman — Mon, 18 May 2009 13:42:30 GMT

Homeowners in British Columbia and Vancouver have now joined the surge of Chinese Drywall claims. Chris Montgomery, of Canwest News Service, provided that:

Thomas Martin, president of America's Watchdog, says that in the past two weeks about a dozen Lower Mainland callers have all reported experiencing the same nose bleeds, breathing problems and allergy-type symptoms that have affected homeowners across the U.S.

Chinese Drywall is alleged to contain high level of sulfur, which releases a strong, rotten egg smell. The sulfur may cause insomnia, coughing, headaches, dizziness, and breathing difficulties. Homes in the United States were built with the Chinese Drywall, due to the shortage in drywall during the post hurricane season in 2004.

The AP reported that:

Shipping records indicate that imports of potentially tainted Chinese building materials exceeded 500 million pounds during a four-year period of soaring home prices. The drywall may have been used in more than 100,000 homes, according to some estimates, including houses rebuilt after Hurricane Katrina.

Michael Foreman, head of construction consulting firm Foreman & Associates in Sarasota, Florida, said he's been investigating drywall complaints in that state since last year and is sharing information with at least one group of lawyers preparing lawsuits on the matter. Based on shipping records, Foreman estimates the United States in 2006 and the first two months of 2007 imported enough drywall from Chinese manufacturers named in lawsuits to produce at least 50,000 homes at a size of 2,000 square feet each.

However, the use of Chinese Drywall is not limited to new home construction in Florida and Louisiana. Reports of its use has been found in homes in Georgia, Arizona, Texas, Nevada, Connecticut, Maryland, to name a few. Many states have implemented class-action lawsuits against the manufactures of the drywall.

It is currently unknown what, if any legal recourse Canadian citizens may take against the Chinese Drywall manufactures. However, it does appear that the Chinese Drywall issue has reached international importance and has dramatically impacted the lives of many families in both the U.S. and Canada.

Click here to get more information on Chinese Drywall from the Consumer Product Safety Commission (CPSC).

Originally posted at InjuryBoard by Karl Truman

Toys "R" Us Recalls 96,000 Cribs

Karl Truman — Tue, 05 May 2009 16:41:32 GMT

The U.S. Consumer Product Safety Commission reported yesterday that Jardine Enterprises announced its second recall of its wooden cribs.

The cribs are being recalled due to a potential strangulation hazardous. The U.S. Consumer Product Safety Commission provided:

The wooden crib slats can break, creating a gap, which can pose an entrapment and strangulation hazard to infants and toddlers

This is the third recall Jardine Enterprises has announced for its wooden cribs. The second recall came earlier this year in January 2009; in which three different models of the crib were cited as being a child safety hazardous due to the potential for strangulation.

Now, Jardine Enterprises is recalling seven models of its cribs for the same reasons. A majority of these cribs were sold at Babies "R" Us and Toys “R” Us stores across the nation.

The U.S. Consumer Product Safety Commission has requested that consumers stop using the cribs immediately and contact Jardine Enterprises to obtain instructions on how to receive full credit towards the purchase of a new crib.

Click here to access Jardine Enterprise’s recall instructions and to access the company's website.

Originally posted at InjuryBoard by Karl Truman

Reforming Product Saftey Laws to Protect Children

Robin Bara — Mon, 20 Apr 2009 15:05:41 GMT

In August of last year, Congress passed the Consumer Product Safety Improvement Act (CPSIA), in part due to the estimated 563 recalls in 2008 alone. A majority of the products were recalled on account of lead poisoning hazards, especially in children’s toys.

Public Citizen, a non-profit public interest organization stated that:

Under the CPSIA, beginning February 10, 2009, children’s products cannot be sold if they contain more than 600 parts per million (ppm) total lead. The total lead limit drops to 300 ppm on August 14, 2009. It drops to 100 ppm in 2011 unless the CPSC finds it is not technologically feasible.

The CPSIA mandates that manufacturers test each product for lead levels and certify its results. The manufacturer must furnish the retailer and distributor with these certificates. For items produced internationally, the company importing the items is responsible for issuing the certificates

To many, especially parents with small children, this law helps ensure they can purchase toys from a local retailer with more confidence that the product is safe and will not expose their child to lead.

Opponents the CPSIA contend that small manufacturers and local handmade craftsmen will be unfairly burdened and possibly forced out of business if they are unable to absorb the cost in testing and certifying its products. Under the new law, even manufacturers that produce items that have never been linked to lead poisoning must now conduct testing and certification.

In response to these concerns, Congress has taken steps this year to clarify what items are exempt from testing. Items among these exceptions include:

* Components with lead parts that a child cannot access;

* Clothing, toys and other goods made of natural materials such as cotton and wood; and

* Electronics that are impossible to make without lead.

In addition, the Consumer Products Safety Commission has posted a list of FAQs for manufacturers in an effort to alleviate some of the confusion.

Although a few exceptions have been made under the CPSIA, Congress has made it clear that regardless of the cost, children’s products must be safe.

Due to last year's recalls, the public has become more aware of the effects and dangers of lead poisoning. Its seems likely that once the law becomes more stable and widely known, consumers will only want to purchase children's toys that have been certified.

Consumers that are not confident in a product will simply not buy it, which means less business for manufacturers whose products are untested for lead levels.

Besides, recalls are bad for business and are costly to both the company's finances and reputation. Most agree that companies that promote consumer safety and product responsibility usually perform better in the markets because they develop loyal consumers. These companies know that lifetime consumers are one of its most valuable assets and worth protecting.

Originally posted at InjuryBoard by Robin Bara

GM Recalls 1.5 Million Vehicles

Robin Bara — Thu, 16 Apr 2009 17:55:00 GMT

CNN has announced that GM is recalling over 1.5 million of its vehicles manufactured between 1997 and 2003. The recall is due to potential fire hazards. Some people have speculated that the recall could not have occurred at a worse time for GM who was recently seen in Washington asking Congress for assistance. Businessweek’s David Welch, provides a valid point:

Sure most of the models in question—they are the Oldsmobile Intrigue, Chevy Lumina, Monte Carlo and Impala, the Pontiac Grand Prix and Buick Regal—aren’t even made anymore. But there’s no excuse. GM has made that 3.8-liter V-6 engine for decades. It has been tweaked and improved over the years, but by 1997 that motor should have been flawless. In any case, just as GM is trying to make the case that it’s worth saving, a big recall is just one more smudge on the company’s sullied image.

Owners of such vehicles may bring their vehicles to any GM dealership and the car will be repaired free of charge.

Originally posted at InjuryBoard by Robin Bara

More Tainted Peanut Butter

Karl Truman — Thu, 15 Jan 2009 15:31:27 GMT

The Wall Street Journal reports more cases of tained peanut butter. Peanut Corp of America, which makes peanut butter in a plant in Bakely, GA, has recalled 21 lots of peanut butter. The Food and Drug Administration has been collecting samples at the plant to trace the source of Salmonella poisioning.

The recall does not appear to effect small, consumer sized containers, but rather large bulk sizes of 5 to 50 pound containers. These are sold to institutions such as schools, long-term care institutions, hospitals and other institutions.

This is the second time we have seen a large-scale Salmonella scare in peanut butter. In 2007, ConAgra Foods recalled Peter Pan Peanut Butter and Great Value Peanut Butter due to a similar scare.

The USDA has a list of frequently asked questions about Salmonella, such as what it is, how you can get it and a description of symptoms.

Originally posted at InjuryBoard by Karl Truman

Answers to the Medtronic Recall

Jennifer Moore — Sun, 27 Jan 2008 02:58:19 GMT

Originally posted at InjuryBoard by Jennifer Moore

Stamina Products Inc. recalls Inversion Therapy Tables Due to Fall Hazard

Jenny Albano — Wed, 16 Jan 2008 17:38:19 GMT

Stamina Products Inc., in conjunction with the CPSC, is recalling about 2,000 Inversion Therapy Tables due to a fall hazard.

A weld in the center of the inversion table can fail when the table is in an inverted position, posing a fall hazard to consumers. Stamina Products has received three reports of weld failures. No injuries have been reported.

The recalled products include the following model numbers and serial numbers:
Inversion Therapy Table
M#- 55-1531
S#- 05NOV000001 through 05NOV000414 and
05DEC000415 through 05DEC000828
Pro Inversion System
M#- 55-1536, 55-1536A, and 55-1536B
S#- 05SEP000001 through 05SEP000528,
06NOV000001 through 06NOV000528, and
07SEP000001 through 07SEP000528

The model and serial numbers are listed to the left of the rubber stopper and cross bar on the Stamina label. The equipment allows consumers to fasten themselves to the table in an upright position and invert. The recalled products were available at retail store and online across the nation from October 2005 to October 2007.

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

Originally posted at InjuryBoard by Jenny Albano

Should You Have Your Defective Medtronic Defibrillator Lead Replaced?

Jennifer Moore — Fri, 14 Dec 2007 00:31:03 GMT

On October 15, Medtronic acknowledged that its Fidelis lead for defibrillators was fracturing and recalled the product. Now, heart patients must decide whether to undergo surgery and have the faulty lead and defibrillator removed and replaced. The operation may last approximately 90 minutes depending upon the individual patient. Medtronic has only offered to pay $800 toward the surgery and provide a replacement lead.

You should consult your physician immediately to determine whether you are a candidate for surgery.

The defaulty defibrillator lead has been linked to at least five deaths and numerous cases of unnecessary shocks. The default in the product could prevent the defibrillator from firing when needed.

The lead, called the Fidelis, is a spaghetti-thin plastic tube enclosing electrical wires and sensors. The risks of the patient's operation, besides the possibility for infection, included potential perforation of his heart and the veins in his chest. There was also a slight danger of damaging the heart valve through which the lead had been threaded in 2005, when doctors had screwed the tip into muscle in the bottom of the right ventricle of his heart.

For more information on this subject, please refer to the section on Drugs, Medical Devices, and Implants.

Originally posted at InjuryBoard by Jennifer Moore

Medtronic Recalled Defective Defibrillator Lead

Jennifer Moore — Mon, 03 Dec 2007 13:03:39 GMT

To find out more information regarding Medtronic's voluntary recall of the Sprint Fidelis defibrillator lead, visit the Food and Drug Administration's (FDA) website and review its statement on the recall. The FDA states that:

These electronic wires are prone to fracture in a small number of patients which can cause the defibrillator to deliver unnecessary shocks or not operate at all. Based on our initial review of reported adverse events, some deaths and major complications have occurred after the leads have fractured.

...Medtronic announced it was voluntarily suspending distribution of its Sprint Fidelis defibrillation leads because a small number of fractures have been detected. As a result of Medtronic's action, no more Sprint Fidelis leads will be sold or manufactured and any remaining product should be pulled from inventory and returned to the company. Patients who are implanted with this lead are encouraged to contact their physicians for further information.
Medtronic first notified physicians in March about the fracture rate at that time and the proper method for implantation. Additional data on adverse events accumulated since then has prompted today's action.
Implantable cardioverter defibrillators (ICDs) and Cardiac Resynchronization Therapy-Defibrillators (CRT-Ds) are used to treat abnormal heart rhythms that can cause the heart to stop suddenly. ICDs and CRT-Ds shock the heart back into normal rhythm by sending a pulse of energy through an electronic wire or lead that is connected to the heart.

For more information on this subject, please refer to the section on Medical Devices and Implants.

Originally posted at InjuryBoard by Jennifer Moore

Join Class Action Against Medtronic for Faulty Defribilator Lead Wires

Jennifer Moore — Sun, 02 Dec 2007 21:48:57 GMT

Are you a heart patient that was implanted with a defective defibrillator lead? You may need to consult an attorney. The attorneys at Grossman & Moore have already filed suit against Medtronic on behalf of a Kentucky resident who suffered from shocks due to the defective Sprint Fidelis lead.
Class actions are currently pending and you may qualify to be a member of the class. Grossman & Moore currently represent a Kentucky resident and work with national counsel from the firm of Lieff Cabraser Heimann & Bernstein that is handling class actions.

Each plaintiff received a cardiac pacemaker/defibrillator combination that was attached to their hearts with a lead wire system manufactured by Medtronic and sold under the brand name Sprint Fidelis. Due to the defect, patients may receive massive, unnecessary electrical shocks or the device may fail to function during a life-threatening cardiac event.

For more information on this subject, please refer to the section on Drugs, Medical Devices, and Implants.

Originally posted at InjuryBoard by Jennifer Moore