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Archive for the ‘Defective Products’ Category

How Does a Product Recall Affect My Defective Product Personal Injury Claim?

Posted on: December 4th, 2019

torn cable in defective product that was recalledWhen you buy a product from a store, you expect that item to do what it’s intended to do–not injure you. Defective products injure thousands of consumers every year, and unfortunately this happens across industries, from automotive, to medical devices, to children’s toys, and more.

But what happens when you injure yourself using a product that was recently recalled? Below, our defective product attorneys explain how product recalls work and their relationship to product liability lawsuits. (more…)

The Case Against the NFL: Mild Traumatic Brain Injury Can Have Devastating Effects

Posted on: November 24th, 2014

The following is an outline for the mechanisms of damage from minor head trauma:

  • A mild traumatic brain injury occurs when the skull is pressed into the brain
  • The impact damages blood vessels lining the skull, causing some to burst or leak
  • The body responds, in part, by producing molecules called reactive oxygen species, which mistake the injury for the intrusion of a foreign body

Useful at fighting bacterial infections, such as E.Coli, the reactive oxygen species swarm around the injury and instead of healing it, cause damage by tearing up the glial limitans within membranes separating the brain from the fluids around it. Fluids carrying reactive oxygen species from the damaged blood vessels leak through the new holes in the membrane and come into contact with brain tissue, destroying it.

It is believed that this process is what plays a fundamental role in the development of chronic traumatic encephalopathy, the disease that has been found in the autopsied brains of deceased retired NFL footballs players which has led to litigation against the NFL by thousands of former players who sued over the alleged mistreatment of concussions for decades by NFL doctors.  CTE and the concussion epidemic are the reasons the MFL has agreed to pay $765 million to those players.

The NFL has stated in federal court documents that it expects nearly 1/3 of retired players to develop long term cognitive problems and that the conditions are likely to emerge at a younger age than in the general population.

Despite the NFLs disputes over the years against evidence that its players had a high rate of severe brain damage, the findings were found and prepared by actuaries hired by the league and provided to the United States District Court Judge presiding over the settlement between the NFL and 5,000 former players who sued the league, claiming that it had hidden and downplayed the dangers of concussions from them.

The findings are forecasting that the players will develop these long term cognitive problems at a notably younger age than the general population.  The findings also confirm what scientists have said for years: that playing football increases the risk of developing neurological conditions like chronic traumatic encephalopathy, a degenerative brain disease that can only be identified in an autopsy.

Due to this research, the league may be pressured to acknowledge the connection between football and brain diseases.  However, an NFL spokesman’s lawyer said the findings were inflated due to the fact that they were solely based on medical diagnosis reported by the players who sued the league.  He said the findings do not reflect the prediction of the number of players who will suffer traumatic brain injuries.  They are intended to show the Court that even if unexpectedly high numbers of players were injured, there still would be sufficient money to play the claims.

The actuarial numbers were released by the NFL and representatives of retired players who are suing the league.

 

General Motors Recalls 1.6 Million Vehicles: Defective Ignition Switch

Posted on: May 5th, 2014

General Motors is currently attempting to counter bad publicity stemming from a recent recall of 1.6 million compact cars with a potentially deadly ignition switch.

The weight of a key ring on certain GM models causes the car to shift from “run” to “accessory” or “off.”  That shuts down the engine and also disables air bags, power brakes and power-assisted steering in the vehicle.

Clearly, this may cause the driver to lose control of the vehicle.  GM has acknowledged that it knew about the problem for at least a decade, but did not start recalling cars until mid – February 2014. GM has recalled 1.6 million vehicles globally, including 2005-07 Cobalts and 2003-07 Saturn Ions, Pontiac G5s, Pontiac Solstices and Chevrolet HHRs.

Despite the recall, GM has assured consumers that the compact cars are safe, as long as they remove everything from their key rings. A Texas law firm is disputing GM’s contention that the cars are safe to drive if weight is removed from the key rings.  The firm filed a federal court lawsuit asking a judge to order GM to tell customers to park the cars until they are repaired.  In the meantime, GM has told dealers to offer loaner cars to drivers until the repairs can be made.  It has received 9,000 requests for cars and has granted several thousand requests.

Consumers affected by the recall should immediately see their dealer for repairs. Consumers who were injured, or lost a loved one, due to the defective ignition switch in these cars should speak with a knowledgeable personal injury attorney. Call 800-721-3553 for a free consultation from one of the experienced lawyers at Maynard, O’Connor, Smith & Catalinotto.

 

Children’s Sunscreen Recalled

Posted on: March 3rd, 2014

The extreme cold and heavy snowfall affecting a great portion of the county has many families seeking to escape to a warm destination.  However, parents planning a vacation should be aware of a recent recall involving children’s sunscreen.

In September 2013, the New Hampshire-based W.S. Badger Co. Inc. recalled approximately 30,000 tubes of sunscreens for babies and children.  The voluntary recall involved all lots of the company’s 4-ounce SPF 30 Baby Sunscreen Lotion and one lot of 4-ounce SPF 30 Kids Sunscreen.  The products were recalled due to microbial contamination.  Specifically, the affected products were found to be contaminated with Pseudomonas aeruginosa, Candida parapsilosis and Acremonium fungi

The FDA has warned that consumers should not use these products.  At this time no illnesses or reactions have been reported with the products;  however, the organisms found in the sunscreens could cause problems for immune-compromised persons or persons with severely damaged skin.

Products liability cases are those in which a consumer or user of a product suffers an injury because of a design defect in the product or because the product failed due to a manufacturing or mechanical problem.  In a products liability case, a plaintiff may seek recovery from the manufacturer, distributer, supplier, or retailer for injuries caused by the defective product.

If you or a loved one have sustained any injuries resulting from the use of recalled sunscreen, please contact the attorneys at Maynard O’Connor, Smith & Catalinotto to discuss whether you have a products liability case and may be entitled to compensation.

 

Risk of Injury From Defective Dehumidifiers

Posted on: November 25th, 2013

On September 12, 2013 the U.S. Consumer Product Safety Commission (CPSC) announced the recall of more than 2 million dehumidifiers sold between 2005 – 2013.  According to the CPSC, these dehumidifiers can overheat and catch fire, resulting in fire and burn hazards to consumers.  More than 165 incidents involving the affected devices have been reported.  The CPSC also reports 46 fires related to these devices and $2.15 million in property damage.

Products liability cases are those in which a consumer or user of a product suffers an injury because of design defects in a product or because the product failed due to a manufacturing or mechanical problem.  In a products liability case, the manufacturer, distributer, supplier, or retailer may be held responsible for injuries caused by the product

If you have sustained any injuries or property damage resulting from the use of a defective dehumidifier, please contact the attorneys at Maynard O’Connor, Smith & Catalinotto to discuss whether you have a products liability case and may be entitled to compensation.

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