New York Injury Talk Blog

The Food and Drug Administration is considering the recall of a blood pressure drug that has not been proven to help patients, according to an article by the Associated Press.

The drug ProAmatine, which is produced by Shire Laboratories, has been on the market for fourteen years. It was designed to help stimulate patients with extremely low blood pressure. The drug was approved in 1996 based on results from a study in which ProAmatine was used by individuals with very low blood pressure.

However, the company has never submitted a subsequent follow-up study, as required. The FDA is giving Shire Laboratories a chance to schedule a hearing on the drug. This will be the first time the FDA has pulled a drug off the market because of missing follow-up studies.

For the past twenty years, the FDA has allowed drugs to be placed on the market quickly based on initial studies that show that the drugs will make significant improvements in patients’ health. However, critics have pointed out that many drugs do not actually live up to the hype. Since 1993, the FDA has requested 144 follow-up studies, and almost one-third are still pending.

Have you taken drugs that have later been recalled due to dangerous side effects? Or have you been regularly taking a drug, such as ProAmatine, for a serious medical problem that the drug has actually not been proven to treat? If so, you may be entitled to compensation for your medical conditions. Contact the experienced New York pharmaceutical injury attorneys at Wingate, Russotti & Shapiro for a free consultation at 212-296-7353.

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This summer, Chrysler plans on fixing over 355,000 minivans. They are quick to point out that this is not a "recall" in the vein of the recent Honda and Toyota recalls. Chrysler claims that even with this new problem with the airbags, their vehicles still meet the federal standard for safety. In addition, no personal injuries due to defective airbags in New York or throughout the U.S. have been reported at this time, officials say. Apparently, the front airbags in certain Chrysler minivans can fail if the sensor is cracked and then gets wet.

A proper working airbag can save your life. Of course, an airbag will not help if it is not working properly and dos not deploy. Since airbags became mandatory in the mid 1990s, more than 18,000 lives were saved by use of an airbag by the year 2006. However, between 1990 and 2006, there were 262 deaths due to malfunctioning airbags. Faulty airbags can cause serious injuries when they fail to deploy or when they deploy suddenly or at a time when they are not supposed to release.

Continue reading "Chrysler Will Repair the Airbags in Over 355,000 Minivans" »

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Posted In: Auto Product Liability , Personal Injury , Product Liability & Recalls , Product Recalls

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Honda Motor Company has expanded its vehicle defect recall to include an additional 438,000 vehicles worldwide, including 379,000 in the United States. According to a news report, Honda officials said the driver's airbag inflators in these vehicles may expand with too much pressure, which can cause the inflator casing to break. This could result in injury or death. The expanded airbag defect recall in New York and throughout the nation includes 2001 and 2002, Accord, Civic, Odyssey, CR-V and selected 2002 Acura TL vehicles. So far, 12 incidents have been reported in connection with the airbag inflator problem.

The original recall stemming from these problems was issued in November 2008 for 2001 and 2002 models of Accords and Civics as well as some 2002 model year Acura TL vehicles. Last summer Honda added 443,727 vehicles to that recall in the United States. Now, that total number of vehicles recalls is up to more than 826,000 in the United States. Last month, Honda announced a separate recall for 646,000 Fit, City and Jazz models over defective power window switches that pose a potential fire hazard. That auto product defect caused one death in South Africa.

Continue reading "Honda Recalls Vehicles for Airbag Defects" »

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Posted In: Auto Product Liability , Personal Injury , Product Liability & Recalls , Product Recalls

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The U.S. Department of Agriculture has issued yet another beef recall over food poisoning concerns. This time, it's from Adams Farm Slaughterhouse LLC., a company in Athol, Massachusetts that is recalling about 2,574 pounds of beef products, which may be contaminated with the deadly E. coli O157:H7 bacteria. At least one Massachusetts resident is reported to have been sickened by this contaminated beef.

This is the third beef recall just in the last three months over E. coli contamination. In November, ground beef from New York-based Fairbank Farms resulted in 26 illnesses, 19 hospitalizations and five who developed hemolytic uremic syndrome (HUS). This is a complication of E. coli infections, which could lead to kidney damage or even death. In December, Oklahoma-based National Steak and Poultry recalled about 124 tons of mechanically tenderized beef products. Those tainted beef products left 21 people sick in 16 states, including nine hospitalized and one case of HUS. In total, 776,000 pounds of E. coli-tainted beef have been recalled over these three months.

Continue reading "E. Coli Fears Prompt Yet Another Beef Recall" »

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Posted In: Food Borne Illness , Personal Injury , Product Liability & Recalls , Product Recalls

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With consumer confidence certainly waning in the auto sector over the last couple of months, Toyota has issued yet another recall, this time due to an anti-lock braking system (ABS) software glitch. Toyota announced the voluntary recall on February 9, 2010 for several vehicle models, including the popular 2010 Prius. The complete list of recalled Toyota vehicles includes the following:

• 2004-2010 Prius


• 2005-2010 Avalon


• 2005-2010 Tacoma


• 2007-2010 Tundra


• 2007-2010 Camry


• 2008-2010 Highlander


• 2008-2010 Sequoia


• 2009-2010 RAV4


• 2009-2010 Matrix


• 2009-2010 Venza


• 2009-2010 Corolla


• 2010 Lexus HS 250h

With this recent recall for Toyota defective brakes, 133,000 Prius vehicles and 14,550 Lexus HS 250h vehicles will be affected. Anti-lock brake systems (ABS) are utilized in motor vehicles to maintain tire traction while driving over rough or slick road conditions. However, the software responsible for controlling ABS has proven unreliable, and Toyota owners may find themselves experiencing inconsistent braking while operating the aforementioned affected vehicles. Inconsistent braking could potentially lead to loss of vehicle control, which could further result in a motor vehicle accident and serious injuries. More information regarding these recalls may be obtained at www.toyota.com/recall, or by calling the Toyota Customer Experience Center at 1-800-331-4331, or the Lexus Customer Assistance Center at 1-800-255-3987.

Continue reading "Toyota Announces Official Recall Due to Brake Defects" »

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Posted In: Auto Product Liability , Automobile Accidents , Law & Information , Personal Injury , Product Liability & Recalls , Product Recalls , Toyota Recalls

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Hyundai, the Korean auto maker, has issued an auto product defect recall for 65,266 Hyundai Azera vehicles from 2006-2009 model years, according to a news report in the Miami Herald. The National Highway Traffic Safety Administration (NHTSA) states that the vehicles involved in the recall were manufactured between September 27, 200 and October 1, 2008.

These Hyundai Azera models have a wiring harness for the right front seatbelt tension sensor that could become damaged after repeated use of the seatbelt. This could lead to the right front passenger airbag not deploying in the event of a car crash. This seatbelt and airbag defect could lead to catastrophic or fatal injuries to the front passenger. When the recall begins, Hyundai dealers will replace the wiring harness for the seatbelt tension sensor free of charge. If you own a Hyundai Azera involved in this recall, you should take your car to a dealer right away to check if your seatbelt tension sensor needs to be replaced.

Continue reading "Hyundai Azera Models Recalled for Defective Airbags" »

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Posted In: Auto Product Liability , Personal Injury , Product Liability & Recalls , Product Recalls

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Vehicle safety is an issue that many motorists take for granted. We trust that auto manufacturers have rigorously tested their products, ensuring the safety of consumers as a consequence. However, as the most recent safety recall issued by Toyota illustrates, faulty design is not always caught by auto manufacturers before its products are introduced and sold to the public.

The National Highway Traffic Safety Administration reports that between 2006 and 2009, 13 Toyota vehicles have been involved in fatal accidents stemming from gas pedal sticking. Due to statistics such as these and additional reports of serious accidents involving Toyota’s accelerator defects has resulted in Toyota recently recalling over 2.3 million vehicles, specifically the 2009-2010 RAV4, Corolla and Matrix models; the 2005-2010 Avalon; 2010 Highlander; 2007-2010 Tundra and the 2008-2010 Sequoia; and some 2007-2010 Camrys . This recall comes after an earlier recall that was announced in November 2009 of floor mats that Toyota had indicated were at risk of becoming lodged underneath gas pedals, causing them to accelerate uncontrollably.

Continue reading "Toyota Accelerator Defect Results In Voluntary Recall" »

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Posted In: Auto Product Liability , Automobile Accidents , Personal Injury , Product Liability & Recalls , Product Recalls

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The Consumer Product Safety Commission (CPSC) announced on January 20, 2010 the recall of about 1.5 million Graco strollers for an amputation and laceration hazard caused by a problematic hinge mechanism. According to a huffingtonpost.com article, the recall for Graco Children’s Products Inc. strollers includes certain model numbers of its Passage, Alano and Spree Strollers and Travel Systems. The model numbers and manufacture dates can be found on the lower inside portion of the stroller’s rear frame, which is above the back wheels. Consumers are being told to discontinue use of the strollers or contact PA-based Graco for a free repair kit.

The recalled strollers were sold between October 2004 and December 2009 at several stores including Wal-Mart, Target, AAFES, Burlington Coat Factory, Babies R Us, Toys R Us, Kmart, Sears, and many others. The recall was issued after seven incidents were reported of children either having their fingertips amputated or cut from putting their fingers in a stroller’s canopy hinge when it was being opened or closed.

Continue reading "1.5 Million Graco Strollers Recalled for Amputation, Laceration Danger" »

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Posted In: Personal Injury , Product Liability & Recalls , Product Recalls

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A new study by Consumer Reports shows that Toyota Motor Corp. registered way more complaints regarding sudden acceleration in its 2008 model year vehicles than any other auto maker. According to a news report in the Los Angeles Times, Toyota and Lexus got 41 percent of all consumer complaints that were logged by the National Highway Traffic Safety Administration (NHTSA) that had to do with runaway acceleration. Toyota topped Chrysler, Honda, General Motors and Nissan combined with regard to this auto product defect issue. Ford came in second with 28 percent of complaints relating to sudden or inadvertent acceleration.

Toyota issued its largest ever vehicle defect recall last month of 4.2 million vehicles after a fatal car accident in San Diego that killed four people. Initially, defective floor mats were thought to have caused the accelerator to jam in the Lexus involved in that particular accident. But a federal investigation determined that the problem also had to do with the way the accelerator pedals were designed in these vehicles. So far, 19 people have died in sudden acceleration accidents involving Toyotas since 2002 model year, Los Angeles Times review of records shows.

Continue reading "2008 Toyota and Lexus Models Receive Most Complaints for Sudden Acceleration" »

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Posted In: Auto Product Liability , Automobile Accidents , Personal Injury , Product Liability & Recalls , Product Recalls

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Federal officials are issuing a product defect recall for close to 50 million Roman-style shades and roll-up blinds. The recall comes after reports of several deaths and serious personal injuries involving young children who were either strangled or nearly strangled by exposed cords on these blinds. According to a CNN news report, the U.S. Consumer Product Safety Commission (CPSC) has documented that five children have died and 16 others have been nearly strangulated since 2006 as a result of the recalled Roman shades and roll-up blinds.

Officials say that with the Roman shades, the problem arises because of space between the inner cord and shade fabric. With the roll-up blinds, a large loop at the end of the cord poses a significant strangulation hazard especially for young children. CPSC estimates that about 5 million Roman shades and 2 million roll-up blinds are sold each year. This recall includes blinds and shades sold by the nation's largest retailers including Target, Wal-Mart, IKEA, JC Penney, Big Lots, Ross, Ace Hardware and Pottery Barn.

Those who have these defective products at home are asked to contact the retailers for a free repair kit. Millions of these window coverings have been recalled over the last decade. CPSC is also considering setting mandatory federal standards with regard to these products that will make them safer for children.

Continue reading "Massive Defective Product Recall Involves 50 Million Window Coverings" »

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Nissan North America is recalling more than 10,500 model year 2009 Sentra sedans that are equipped with Bosch master cylinders because of the risk of the brake fluid leaking from the master cylinders. According a news report in Automotive Fleet, the brake system warning indicator will illuminate if the amount of brake fluid in the master cylinder reservoir decreases to below the minimum level. The National Highway Traffic Safety Administration (NHTSA) warns that if the driver ignores this cautionary light, one of the brake circuits in the vehicle may fail, thus increasing the stopping distances and risking a car accident.

Brake defects are extremely serious auto product defects that can result in catastrophic injuries or even death. Motorists count on a vehicle's brakes to be able to stop, which is especially important when a driver needs to avoid a crash involving a person or a vehicle. More than one person's life could be in jeopardy if a car's brakes fail. The sudden lack of braking function could very well lead to a crash and can be a difficult situation even for the most experienced driver. Hundreds of people are killed each year because of defective brakes with problems that include premature lock-up, ABS failures, brake fluid leaks or brake-line defects.

Continue reading "Nissan Recalls Sentras for Defective Brakes" »

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Posted In: Auto Product Liability , Automobile Accidents , Personal Injury , Product Liability & Recalls , Product Recalls

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Safeguarding a home against potential dangers is a common task for new parents. However, while many dangers are obvious, some remain hidden and may not present themselves to parents until it’s too late and tragedy has struck. According to an abcnews.com article, more than two million Stork Craft drop-down-side cribs have been recalled by the Consumer Product Safety Commission. This is the largest crib recall ever to occur in the United States.

Due to faulty plastic hardware, the sides of the crib are likely to detach, and pose a significant threat to the safety of children. The CPSC is urging consumers to stop using the cribs immediately. To date, the defective cribs are responsible for at least 110 incidents involving injuries sustained by children in the United States and Canada. Some children who have sustained injury while becoming entrapped by the faulty crib design have suffered further injury after becoming unpinned by the crib arm and falling out of the crib. Four infants have suffered from suffocation death due to the dangerous crib defect.

Over the past two years, the CPSC has recalled nearly five million cribs that have had issues with dangerous drop-down sides. Approximately 1,213,000 units have been distributed in the U.S., with 147,000 cribs having been sold with the Fisher-Price logo, and 968,000 units have been distributed in Canada. Consumers may contact Stork Craft for more information, or to request a free repair kit, by calling toll-free (877) 274-0277.

Continue reading "Stork Craft Recalls 2.1 Million Cribs for Suffocation Danger" »

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Posted In: Personal Injury , Product Liability & Recalls , Product Recalls , Wrongful Death

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Defective products can seriously injure our children. We may not know it, but some products that we commonly use in our homes may pose risks. Recently, three different companies recalled window blinds and shades because children could become tangled in the inner cords and become strangled as a result. According to an NBC news report, Bed Bath and Beyond recalled their Dublin Energy Solution roman shades manufactured by Louis Hornick and Company.

So far, two child injuries have been reported in connection with these shades. Hanover Direct is also recalling their faux suede roman shades after a 2-year-old became entangled in the cord. Another company that recalled window blinds is Swedish retailer IKEA, also for strangulation hazard.

Several children have also died as a result of becoming entangled in the inner cords of these blinds and shades. Some have suffered brain injuries because when they were strangled, oxygen was cut off to the brain. These incidents were all tragedies that could have been prevented if the blinds had been manufactured properly.

Continue reading "Defective Blinds Recalled for Strangulation Hazard" »

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Posted In: Personal Injury , Product Liability & Recalls , Product Recalls , Wrongful Death

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Two people are suspected to have died in the latest case of food contamination involving meat that was sold across various New York retail stores. WPIX reports that approximately 546,000 pounds of ground beef are in the process of being recalled due to E. coli bacteria contamination. Various supermarkets including Wild Harvest, Shaw's, BJ's, and Trader Joe's had carried the beef that was sold by Fairbank Farms in Ashville and produced between Sept. 14 and Sept. 16, 2009. It was distributed in the tri-state area as well as Maryland, Massachusetts, North Carolina, Pennsylvania and Virginia.

E. coli symptoms can include severe stomach cramps, diarrhea that could turn bloody within one to three days, nausea and vomiting. Symptoms of E. Coli infection usually diminish or end in about a week with no further problems. However, severe blood and kidney problems may occur two to 14 days after the onset of diarrhea. These problems can cause kidney failure and sometimes long-term disability or death in some children and older adults.

Continue reading "New York Defective Product Attorneys Concerned By Contaminated Beef" »

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Posted In: Food Borne Illness , Personal Injury , Product Liability & Recalls , Product Recalls , Wrongful Death

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Mitsubishi is recalling about 530 Endeavor vehicles from its 2010 model year because the retainer bracket used for the seat-mounted side airbag frames may not have been properly welded. The airbag could fail in the event of the crash by failing to deploy. This auto product defect in New York and throughout the nation applies only to Mitsubishi Endeavors manufactured between May 26 and July 28, 2009. During the recall, vehicle dealers will check the weld, and if necessary, replace the seatback assembly free of charge.

As motorists, we depend on airbags to protect us at the time of a crash. But when airbags fail to deploy the injuries can be catastrophic or lethal. If you or a loved one has been severely injured or killed as a result of a faulty airbag, you may be able to seek compensation from the manufacturer of such a defective product. Whether your injuries involve airbags that deployed when they weren't supposed to or a non-deployed airbag, the auto maker could be held liable for making the defective auto product.

Continue reading "Mitsubishi Recalls Vehicles for Possible Airbag Defects" »

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Posted In: Auto Product Liability , Automobile Accidents , Personal Injury , Product Liability & Recalls , Product Recalls

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Toyota Motor Corp. has issued a large-scale auto product defect recall involving 3.8 million vehicles, the company's largest ever recall in the United States. According to an Associated Press news report, the recall is being issued to address problems with a removable floor mat that could cause accelerators to get stuck and lead to a crash. Toyota has not been able to resolve the issue with the mat and is asking consumers to remove the mats and not substitute them until the company comes up with a fix.

The National Highway Traffic Safety Administration has so far received 102 incident reports where the accelerator may have become stuck as a result of these defective floor mats. The recall was spurred by a fatal car accident in San Diego where a California Highway Patrol officer and three of his family members were killed after the floor mat of the Lexus he was driving slipped and the accelerator got stuck. The car barreled out of control and reached speeds of 120 mph before crashing and bursting into flames. 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.

Continue reading "Toyota Recalls Vehicles for Defective Floor Mats" »

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Posted In: Auto Product Liability , Automobile Accidents , Personal Injury , Product Liability & Recalls , Product Recalls

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Honda has recalled an additional 440,000 Civic, Accord and Acura TLs to repair a potential airbag defect, according to this CNN news report. This defective auto product recall in New York and throughout our nation involves driver-side airbags in certain 2001-02 Honda Accords, 2001 Civic models and 2002-03 Acura TLs. In some of these cars, the airbag inflators can produce over pressurization of the driver's front airbag inflator mechanism during airbag deployment. This can cause the inflator casing to rupture and metal fragments could pass through the cloth airbag cushion material, posing the risk of injury or death to the vehicles' occupants. With a damaged airbag, occupants may not be protected in the event of a car accident.

Airbag defects are serious vehicle defects that can result in catastrophic injuries or death to a vehicle's occupants. We count on airbags to deploy and cushion the impact of a car crash. But when airbags do not work the way they are supposed to function, it can result in severe trauma to those in the vehicle.

Continue reading "Honda Recalls Cars for Airbag Defects" »

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Posted In: Auto Product Liability , Automobile Accidents , Personal Injury , Product Liability & Recalls , Product Recalls

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Six companies have recalled about 4.2 million roll-up blinds and 600,000 Roman shades for a strangulation hazard that has reportedly resulted in the death of four young children and the near-strangulation of seven other children. According to a news report in The Baltimore Sun, the blinds and shades were sold at retailers nationwide including Target, Pottery Barn and IKEA. The defective product recall has been issued by the six firms in collaboration with the U.S. Consumer Product Safety Commission (CPSC). The problem with these blinds was exposed cords and loops, which caused children to get accidentally strangled or nearly strangled.

Thousands of people in the United States die each year as a result of defective products that are sold on the market. Some of these products are sold despite the product manufacturer's knowledge of their dangers and risks. What's worse is that consumers are not warned about these risks and dangers. In cases where innocent consumers are seriously injured or killed as a result of dangerous or defective products, the product manufacturers must be held liable.

Continue reading "Defective Blinds and Shades Pose Strangulation Hazard" »

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Posted In: Law & Information , Personal Injury , Product Liability & Recalls , Product Recalls , Wrongful Death

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BMW is recalling its 2008 model 1-Series and 3-Series because of an airbag defect that might prevent the side airbag from deploying, causing a serious injury hazard in the event of a car accident. According to this news report, BMW North America officials say the side airbag defect was caused by an incorrect crimp connector that was used on the side airbag and belt tensioner wiring.

As a result, sufficient contact between the crimp connectors and the corresponding plug may not occur, which could lead to an increase in the electrical resistance of that connection. If that occurs, the side airbag and/or the safety belt tensioner may not deploy, thereby failing to properly protect an occupant, increasing the risk of serious injury.

Auto product defects in New York can cause serious car accidents. As drivers, we count on airbags and seatbelts to protect us in the event of a car crash. However, when these components fail, when airbags fail to deploy or seat restraint systems unlatch, vehicle occupants can sustain catastrophic injuries. If you or a loved one has been injured in a car accident as a result of a vehicle defect, you may be able to seek compensation from the manufacturer of the defective auto to cover medical expenses, loss of earnings and other related damages. If such an accident results in death, the family of the deceased victim may be able to file a wrongful death claim.

Continue reading "BMW Recalls Vehicles for Airbag Defects" »

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Posted In: Auto Product Liability , Personal Injury , Product Liability & Recalls , Product Recalls

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As a partner and trial lawyer at the New York Personal Injury Law Firm of Wingate, Russotti & Shapiro, William P. Hepner was a recent guest on CBS news discussing products liability concerns regarding re-sale of items, specifically yard sales. The CBS video refers to a new law made to protect consumers so that they do not purchase any items that have been previously recalled. In his contribution to the report, William P. Hepner explains that if a recalled or defective product is re-sold to an innocent buyer, whether at a yard sale or by other means, and that consumer is injured or even killed, the individual responsible for selling the item can be held accountable for damages in a lawsuit.

Does this mean that if you’re having a yard sale, you need to check every single item to see if it has been recalled before you put it out for sale on your lawn? Even though it may take some time and careful attention, the answer if you want to prevent injuring another person and being sued is, “Yes.”

Continue reading "William P. Hepner Discusses Products Liability at Yard Sales on CBS News" »

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Posted In: Personal Injury , Product Liability & Recalls , Product Recalls , William P. Hepner , Wrongful Death

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Team-Tex America Inc. is recalling Babyride infant restraint systems (Model 374199) because of a labeling error, according to this news report. The belt routing label with the "horizontal reference line" is apparently incorrectly placed on the child restraint system. These improperly routed belts could result in injury to the child in the event of a crash. The products were manufactured on December 18, 2008. Team-Tex has started notifying owners and will be mailing labels along with instructions for proper placement of the label.

The term "product defects" not only means manufacturing defect, but also includes design defects, deceptive marketing and mislabeling of products. Improper warnings or instructions on a product's packaging can cause devastating injuries to the person using the product. The consequences of New York product liability accidents may cause a long-term effect on victims. If the product is proven to be defective in any of the above ways, the defendant can be held legally responsible for the plaintiff's losses.

Some manufacturers recall defective products when they learn about the defects through consumer complaints. However, a majority of defective products are not recalled. In fact, a number of manufacturers ignore product defects because a recall can be an expensive process. If you or a loved one has been injured because of a product defect, please call the skilled New York product liability attorneys Wingate, Russotti & Shapiro LLP to find out whether you have a case. We always offer a free and confidential consultation.

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Posted In: Product Liability & Recalls , Product Recalls

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Chrysler is recalling about 33,000 model year 2009-09 Dodge Ram 2500, 3500 and 3500 cab chassis pickup trucks, according to a recent report in Consumeraffairs.com. The recall involves these Dodge trucks which are equipped with a steering linkage from the supplier, Powers and Sons.

The product defect prompting the recall is being described as a possible fracture of the tie rod that causes a loss of steering control and the inability to turn the vehicle in a particular direction. The recalls start this month and owners are asked to contact their dealers to have the defective truck’s steering linkage drag link inner tie rod assembly replaced and the steering linkage damper bracket inspected. This service will be performed free of charge. If you’d like to learn more about this auto defect you may contact Chrysler at 1-800-853-1403 or the National Highway Traffic Safety Administration (NHTSA) at 1-888-327-4236 or at www.safercar.gov.

Continue reading "Dodge Ram Trucks Recalled For Defective Steering" »

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Honda is recalling about 4,000 of its model year 2001 Accord and Civic vehicles for airbag defects, according to this news report. The driver’s side airbag inflator could produce excessive internal pressure, possibly causing the airbag to rupture when it deploys during an auto accident. This type of rupture or tear in the defective Honda airbag could cause metal fragments to pass through the airbag cushion material possibly causing injuries to the vehicle’s occupants. When the recall begins in December, Honda dealers will replace the inflator free of charge. Honda owners seeking more information are asked to visit the National Highway Traffic Safety Administration’s (NHTSA) Web site at www.safercar.gov.

Although this recall involves only a few thousand vehicles, it is still a dangerous auto product defect. As drivers, we all expect airbags to protect us and our families in the event of an auto accident. When you have a defective airbag in your vehicle, there is a good chance that it will not deploy or deploy properly when you need it the most. In the case of these defective Honda airbags, there is also the additional risk of injury because of metal pieces passing through the airbag and piercing vehicle occupants.

Thousands of people die in the United States as a result of auto product defects involving weak roofs, airbags, faulty tires, seatbacks, seatbelts and gas tanks. If you or a loved one has been injured as a result of any defective auto product, please call an experienced New York auto product liability attorney at Wingate, Russotti & Shapiro today for a free consultation.

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GOVERNOR SPITZER CALLS FOR RENEWED VIGILANCE, AND A NEWLY ENGERGIZED PRODUCT RECALL, OF UNSAFE, LEAD-BASED TOYS THAT CONTINUE TO BE ON RETAILER’S SHELVES AND ARE STILL BEING SOLD TO CONSUMERS

According to a press release issued by Governor Spitzer’s office yesterday, December 10, 2007, Governor Spitzer has called for a new state-wide recall of lead-based toys that remain on retailer’s shelves. According to the Governor, that while the state Consumer Protection Board’s (CPB) Safe Toys NY Campaign has already investigated and found increased compliance with recall requirements, that an unacceptable number of unsafe, lead-based toys not only remained on retailer’s shelves across the state, but that these toys are still being sold to consumers.

Further, Governor Spitzer is requesting that the federal Consumer Product Safety Commission act immediately to issue a national recall of those toys and other products that the New York state Consumer Protection Board found unsafe during its investigations. Additionally, the Governor has requested the New York state Consumer Protection Board act swiftly to draft new legislation that would create and improve safety standards in the toy industry as a group, and to create avenues to fully inform and protect all consumers. A previous investigation, instituted in August of this year, and handled by the state’s Consumer Protection Board, was impaneled due to mounting problems and health concerns with lead-based toys being sold in New York.

In August, three rounds of random toy collections were completed and gathered from retail outlets in Albany and in New York City. The Department of Health’s Wadsworth Center performed the testing, which included a detailed chemical analysis of the paint from each toy collected and analyzed for lead content. From the information gathered, the state Consumer Protection Board was then able to track information on the location of the distributors of the unsafe, lead-based toys and take all appropriate actions.

Three of the toys that the New York Consumer Protection Board identified as having unacceptably high levels of paint, as measured by the federal standard of lead levels allowed in paint, were found in dollar stores and manufactured in China:
• “Army Force” Car Set, which are green and black, Lot # ES35146, UPC Code 6010785146, and are imported by Encore Sales, Concord, Ontario, Canada;
• “Sprite Tractor Trailer” toys, which are green and orange and have no identifying information on the packaging; and
• “Wrestle Mania” action figures, which are multicolored and distributed by AA of America from New Jersey.
For a more exhaustive list of recalled toys nationally, please visit the US Consumer Product Safety Commission’s toy recall page

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As parents of aspiring young bakers may already know, Hasbro, Inc. is recalling its Easy-Bake Oven -- for the second time in six months -- because kids are getting their fingers caught in the door and suffering serious burns as a result. One five-year-old had to have her finger partially amputated because her burn was so serious. The first recall, announced Feb. 6, came after 29 reports of injuries from children getting their fingers caught in the toy. In that recall, parents could ask for a repair kit that was supposed to fix the problem.

But it didn’t, as the U.S. Consumer Product Safety Commission found out. The Commission, which is the federal agency that handles recalls of unsafe products, received 249 more reports of injuries, including 77 burns and the finger amputation. This time, parents are being asked to return about a million Easy-Bake Ovens -- any ovens sold during or after May of 2006, including the ones that had been “fixed” -- in exchange for a voucher from the manufacturer. Concerned parents should read the CPSC press release hosted on Hasbro’s Web site, which gives information identifying the recalled toy and a link to the recall form. CNN reports that Hasbro has already been sued over the defective Easy-Bake Ovens; we believe that’s a righteous lawsuit. The recalled ovens are the result of a change in the design of a toy that worked well for more than 40 years. That is, the new ovens are defective by design, and the manufacturer’s first “solution” not only didn’t fix the problem, it actually resulted in eight times more reports of injuries!

Product defects are a lot more common than many Americans think; tainted food recalls alone have become a disturbing trend in the last year. Federal and state laws require manufacturers to ensure that their products are safe before they bring them to market, but thousands fail in that duty each year, and a few unlucky people pay for it with their health. Often, as in this case, the victims are kids -- vulnerable people who should be extra well-protected. The little girl who lost part of her finger will live her entire life partially disabled, and undoubtedly ensure teasing from her peers. That’s too steep a price to pay for buying the wrong toy. If you or someone you know was hurt by a defective Easy-Bake Oven, we urge you to speak to us confidentially about a products liability lawsuit.

Posted by Wingate, Russotti & Shapiro | Permalink | Email This Post

Posted In: Product Recalls

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In May, Chrysler recalled more than 270,000 minivans in more than 20 states -- including New York -- because they contain defective air bags that might not deploy in an accident. The article from CNN says that 2005 model-year Town and Country and Dodge Caravan minivans are being recalled in states that salt their roads often, because the salt may corrode the sensors that tell the airbags when to open. And as you can imagine, when an air bag fails to open in an accident, the results can be catastrophic: serious head, neck and soft tissue injuries for drivers and passengers who thought they were doing everything they could to stay safe.

We applaud Chrysler for recalling the defective vans. Having handled many auto product defect lawsuits, we know that not all manufacturers are willing to spend money on a recall if they think they can get away with not recalling a defective product and just quietly settling the inevitable lawsuits. But we're interested in why this recall took place more than two years after the defective minivans arrived on the market. The articles on this recall don't say whether it was prompted by consumer complaints, but a search of the federal Department of Transportation's records does show nine complaints about the Caravan's airbag sensors and 21 for the Town and Country. The complaints and the time lag make us suspect that there were quite a few reports of air bags not opening during accidents in the winters since these vans started being sold. Our consumer safety systems favor manufacturers, not individual consumers, by presuming products are safe until reports of injuries and deaths start rolling in. Like most recalls, this one may be coming too late for a few unlucky families.

Posted by Wingate, Russotti & Shapiro | Permalink | Email This Post

Posted In: Product Recalls

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