New York Injury Talk Blog

The U.S. Consumer Product Safety Commission (CPSC) has the responsibility of creating regulations for product safety and for issuing recalls and other corrective measures when a defective product does hurt consumers. However, the CPSC noted recently that not all companies report injuries their products inflict on consumers, making the agency’s work to notify the public and issue a product recall more difficult.

In 2010, only two companies were fined for failing to report problems with their products; however, in 2011 that number jumped to 10 companies, which faced combined total fines of over $4 million dollars for their failures to comply with federal law, according to the CPSC. One of the companies fined was a manufacturer and distributor of lawn care equipment, including a “weed-whacker” that injured nearly 160 people when it came apart during use, sending pieces of machinery flying at high speeds.

The CPSC says that when a company is in doubt, it should always report a safety incident. Consumers can also report injuries or problems to the CPSC by visiting www.saferproducts.gov. Consumers can also call the CPSC at (800) 638-2772 (or use the TTY service at (301) 595-7054) to report a potential product hazard.

At Wingate, Russotti, Shapiro & Halperin, our experienced New York product injury attorneys have helped many injured people and their families hold negligent manufacturers and sellers accountable when a defective product hurts someone. If you’ve been injured by a defective toy or other product, call us today at (212) 222-4336 for a free, confidential consultation.

The U.S. Consumer Product Safety Commission (CPSC) recently recalled approximately 54,000 units of an infant/toddler chair that poses a fall danger to children, as well as a risk of finger injury or even potential finger amputation.

The CPSC first issued a safety alert for the product in question, the “metoo” clip-on chair by Fort Collins, CO, importer phil&teds, back in May of this year. The danger involves “missing or worn clamp pads” that enable the seats to come loose from numerous table tops, presenting a significant fall threat to kids. Additionally, “when the chair detaches, children’s fingers can be caught between the bar and clamping mechanism, posing an amputation hazard,” according to the CPSC press release. User instructions for the product were also deemed by the CPSC to be insufficient, furthering the chance of consumer injury.

Nineteen instances of the chairs coming loose from table surfaces, with five resulting in injury, have been reported to the CPSC. Two cases involved children’s fingers being severely pinched, lacerated, crushed or amputated, while the other three reports involved contusion as a result of sudden detachment of the seat and the child hitting the table or floor. The product was manufactured in China and sold for between $40 and $50 at Toys R Us, Buy Buy Baby, and Target, as well as sites philandteds.com, Amazon.com, and other online retailers, during May 2006 to May 2011. It was also sold at numerous small niche stores during the same period.

Product recalls can take an extended period of time to reach the full consumer base affected by the product. If your child has been injured by a dangerous product, contact the New York dangerous product attorneys at Wingate, Rusotti & Shapiro, LLP by calling 212-986-7353 for a free case review.

The Ritedose Corporation, a maker of nebulized asthma medications, has recalled several batches of the drug due to a mistake in labeling that may harm patients, according to the U.S. Food and Drug Administration.

The medication, an albuterol sulfate solution designed to be inhaled, was distributed in 25-unit, 30-unit, and 60-unit vials. The labels on the vials incorrectly state that the concentration of the medication is 0.5 mg of albuterol sulfate per 3 mL of solution. In fact, the concentration is much higher – 2.5 mg per 3 mL of solution.

The mislabeling could result in patients taking much more of the medication than is safe, according to Ritedose. Patients who believe they are only taking 0.5 mg of medication per dose, instead of 2.5 mg, might take up to five times more than they need.

An overdose of albuterol sulfate can cause symptoms like tremors, dizziness, nervousness, headache, high blood pressure, and rapid heartbeat. Patients who experience these symptoms should stop using their inhalers and see a doctor immediately.

The recalled lots are numbered 0N81, 0N82, 0N83, 0N84, 0NE7, 0NE8, 0NE9, 0NF0, 0P12, 0P13, 0P46, 0P47, 0PF0, and 0S15. Patients who have inhalers with one of these lot numbers should return them to the pharmacy, which will return them to Ritedose.

Mislabeled medications can result in serious illness or injury. If you or a loved one has been injured by a recalled medication or other product, please don’t hesitate to contact the experienced New York defective product attorneys at Wingate, Russotti & Shapiro. To learn more about your legal rights and options after an injury, schedule a free and confidential consultation today by calling 212-986-7353.

The clothing company American Eagle Outfitters and the U.S. Consumer Product Safety Commission (CPSC) recently issued a voluntary recall of about 1,200 articles of toddler clothing, including jeans and shorts. The clothing was recalled because a metal fastener at the waistband can come loose and create a choking hazard for small children.

The jeans and shorts recalled were sold in girl’s sizes from 12-18 months through 5 years. The styles involved include style numbers 3007, 3012, 3013, 3029, 3030, 3034, and 3035. The style number is printed on the tag inside the pants or shorts. The recalled garments were sold at 77kids stores, a division of American Eagle Outfitters, during July and August of 2010 and cost between $24 and $34 each.

So far, the CPSC has not received any reports that any child has been injured by the detachable fastener. However, those who wish to return the recalled clothing can bring the clothing back to the nearest 77kids by American Eagle store for a refund. Parents who bought the clothing online will receive a postage-paid envelope with instructions on how to return the clothes for a refund.

Safety is especially important when it comes to products for babies and toddlers, who are not always able to figure out what toys and products might hurt them. A defective child product or toy can leave children permanently injured, and in the worst cases, a defective product or toy might even claim a child’s life.

If you or a loved one has been injured by a recalled product, please don’t hesitate to contact the experienced New York defective product injury lawyers at Wingate, Russotti & Shapiro LLP. We will examine your case carefully and help you fight for the compensation you or your loved ones deserve. Call 212-986-7353 today to schedule a free and confidential case evaluation.