Alabama Product Injury Lawyer Blog

Recalls of the Week

2009-12-15T15:28:05Z

Yes, holiday times are here. Everyone rushing around buying gifts, going to parties, hanging out with friends and family. Its a time you want to sit back and sort of breath a little. Alas, my work schedule does not allow me. Hope all of you are enjoying this crazy, hectic and in some many ways beautiful time of year. So for the Recalls of the Week, here we go:

1. All Roman Shades : This one is hot off the presses today. The Consumer Product Safety Commission (CPSC) announced today a voluntary recall of ALL Roman shades and roll-up blinds...yes that is correct, ALL....to prevent strangulation issues to young children. Over the past several months, certain specific shades have been recalled for this reason, but this time, it is across the board with no exceptions. It is reported that this recall involves millions of Roman and roll-up shades. Since 2006, the CPSC has received reports of 5 deaths and 16 near strangulation with Roman Shades and 3 deaths since 2001 for roll-up blinds. If you have these shades in your home, you need to contact the Window Covering Safety Council (WCSC) at www.windowcoverings.org or by calling 800-506-4636 and you will be sent a free repair kit. It is an issue with the cords used with these blinds. For more information regarding this recall and for instructions on what to do until you receive the repair kit, see here.

2. Sylvania Portable Nightlights: About 26,000 LED Rocketship PalPODzzz Portable Nightlights manufactured by Sylvania are being recalled due to the bottom plastic cover on the recharging base can break, which can expose internal electrical parts posing risk of shock to consumers. The recall involved model number 72174. The nightlight is shaped like a rocket and sits on a plastic base that plugs into the wall. The nightlights were sold at Home Depot, Stop and Shop and at other retailers and online at Amazon.com and other websites. You should immediately stop using the light and contact Sylvania for a free replacement and a $5 coupon to by other Sylvania products. For more information, see here.

3. Evenflo ExerSaucer 1-2-3 Tea for Me Activity Learning Centers: This recall involves activity learning centers for young children. About 66,000 of these have been sold in the U.S. at Toys "R" Us and other juvenile product stores between December 2008 and March 2009. There is a cake toy that is part of the Learning Center and the candle flame attached at the top can detach and create a choking hazard for small children. The two-tier cake is light blue, dark pink and yellow. Models included in the recall are 6161834 and 6161920. The model numbers are on a label located on the underside of the base of the product. You should immediately remove the cake toy from the product and contact Evenflo for a free replacement. For more information, see here.

4. Amby Baby Motion Beds: These "beds", which essentially are a steel frame and a fabric hammock which is connected to the frame by a large spring and crossbar, are meant to lay infants down to sleep. However, the side-to-side shifting of the hammock can cause an infant to roll and became entrapped in the fabric, creating a potential for suffocation. The manufacturer, Amby Baby, is aware of 2 suffocation deaths in the hammock. There is only one model of the hammock. It was sold by online retailers, including Ambybaby.com between 2003 and October 2009. If you have one of these hammocks, stop using it immediately and contact Amby Baby for a free repair kit. In the meantime, find another place for your child to sleep. For more information, see here.

That's all for this week. Please, with the holidays and all the rushing around, remember this is all about family and spending time with the ones you love and care about. As always, be careful out there.

Wall Street Journal Reports FDA Issues Warning that Prilosec and Nexium Can Interfere with Plavix

2009-11-19T17:27:24Z

The Wall Street Journal reports that the FDA warned doctors earlier this week that they should tell their patients taking the anti-clotting drug Plavix not to take popular heartburn drugs like Prilosec and Nexium because they may lessen the effects of Plavix. This may be problematic since about half of the patients taking Plavix also take Nexium, Prilosec and other similar medications to prevent stomach bleeding and ulcers which are common side effects of taking Plavix. The alternatives which at this time don't appear to have any effect on the anti-clotting properties of Plavix are heartburn drugs like Zantac, Axid and Pepcid and older formulations like Mylanta or Maalox, which work differently than Nexium and Prilosec.

A previous study indicated that if you took heartburn drugs like Nexium and Prilosec with Plavix, the risk of heart attack and stroke increased by 50%. For a specific description of the FDA's position, see the FDA's press release issued on November 18th.

Recalls of the Week

2009-11-13T17:10:13Z

Time boys and girls for the update on Recalls of the Week. These are some of the most significant recalls which have occurred over the past week. You are welcome to contact me by calling or using the "contact" form here if you have any thoughts or questions on any of these recalls.

1. Maclaren Strollers: This is the big one for the week and the one that has been all over the news. Approximately one million strollers distributed in the U.S. by Maclaren are being recalled because the stroller's hinge mechanism can cause fingertip amputation and laceration to the child when the consumer is opening the stroller. Maclaren has received 15 reports of children putting their fingers in the hinge mechanism which has resulted in 12...yes 12 fingertip amputation of small children. Not much of a shock, these strollers were made in China. They have been sold at Babies "R" Us, Target and other retailers between 1999 and November 2009 (yup, 10 years this unsafe product has been on the market). The recall involves all "umbrella" strollers, single and double, with the name "Maclaren" on the stroller. If you have one of these strollers, stop using it immediately and contact Maclaren at 1-877-688-2326 to receive a free repair kit. For more information and photos of the type of strollers involved, see here. Consumer Reports has a good suggestion for anyone using any type of stroller with children. Make sure to keep your child far away while you are folding and unfolding the stroller and make sure it is fully opened and engaged before putting your child in the stroller (and buckled up too).

2. Samsung Over-The-Range Microwave Ovens: Approximately 43,000 Samsung Over-the-Range Microwave Ovens are being recalled due to an installation bolt potentially contacting an electrical component inside the microwave and if the oven is plugged into an ungrounded outlet, it could cause a shock. This involves the 1000 watt microwave ovens. For the model and serial numbers involved see here. These microwaves were sold nationwide between January 2009 and July 2009. If you have one of these microwaves, unplug it immediately and contact Samsung at 888-402-6974 to schedule a free repair.

3. Adventure Playsets Wooden Playset: These playsets are being recalled because the plastic coated lumber that is on the "monkey bar" can weaken over time as a result of rotting and lead to a fall hazard. Adventure Playsets, which have been sold at Walmart, Toys "R" Us, Academy Sports, Menards and Mill stores as well as on line, has received over 1400 reports of rotting ladders and there have been 16 injuries reported. You should immediately stop your children from using the Playset and call Adventure Playsets at 877-840-9068 to obtain ad replacement kit. For a further description of the model sets involved in this recall, see here.

That's all that is going on presently. Again, if you have any questions about these recalls, or any other recalls, you can contact me toll free at 1-866-977-4529 or through the "contact" form on this page. Until next time, be careful out there.

American Bar Association's Magazine Runs Article Addressing Running a Solo Practice Featuing Yours Truly

2009-11-04T20:49:09Z

Well, time to toot my own horn. The most recent November 2009 edition of the American Bar Association's Magazine, the ABA Journal, included a feature article entitled "So You Want To Go Solo? You Sure?" which included an interview (and yes a picture) of me regarding how I have incorporated social media, and specifically this blog, into my work as a solo practitioner. I am honored to have been approached and interviewed for this article published in one of the most widely read publications by lawyers throughout the country.

I would also like to thank Susan Cartier Liebel, founder of Solo Practice University who recommended me for this interview. Susan approached me several months after I started my own practice and asked if I'd be willing to teach a course at Solo Practice University on Products Liability. Given Susan's enthusiasm and cutting edge concept about how to assist solo practitioners in developing and growing their practice, I could give no other answer but yes. I started teaching my internet based classes earlier this year and it has been a great thrill and honor to be part of the start of a such a valuable, timely and much needed tool for the enterprising lawyer looking to start a solo or small firm.

Putting myself out into the social media world of Twitter, LinkedIn, Facebook and my blog has allowed me to interact with individuals throughout the country and the world on issues related to products liability and helping the injured victims exposed to defective products. I highly recommend all lawyers, of both big and small firms, to venture into the world of social media. The contacts and interesting people you meet, some of whom you actually help, is invaluable to any practice.

Recalls of the Week

2009-10-21T16:19:13Z

Back to give you an update on some of the most important recent recalls. Been crazy busy and thus my time for blogging has suffered. Still looking to dedicate 2-3 days a week to post. Ahh, the life of a solo practice attorney --- never enough hours in the day. So here we go with the recalls:

1. Toyota/Lexus Floor Mats:The biggest news in problematic products is Toyota's most recent announcement that it is recalling some 3.8 million Lexus and Toyota vehicles to remove factory installed driver-side floor mats in order to prevent the gas pedal from becoming trapped leading to unintended acceleration. In other words, your gas pedal can become stuck by the floor mat and even though you take your foot off the gas pedal, it will continue moving and potentially accelerating. The vehicles involved include 2005-2010 Avalon, 2007-2010 Camry, 2004-2009 Prius, 2005-2010 Tacoma, 2007-2010 Tundra, 2007-2010 ES350 and 2006-2010 IS250 and 350. Its unclear what may have prompted Toyota to undergo this massive recall, but there was a horrible crash in California in late August 2009 involving an off duty police officer and a Lexus ES sedan where there is indication a misaligned floor mat may have lead to the accident. Toyota is asking owners to immediately remove the driver's side mats and to not replace them while Toyota works on creating model-specific replacements. Consumer Reports recommends that if you get in a situation where your car is not slowing down, to immediately put your car in neutral, and then brake which should help bring your car to a stop. Here is a link to Consumer Reports discussion of the issue and testing they have done to address this concern. This is a very serious issue and one that all owners of the affected vehicles must address.

2. Quantum Office Chair @ Office Depot Stores: The Quantum Realspace PRO 9000 Mid-Back Multifunction Mesh Chair, sold exclusively at Office Depot, is being recalled because the bolts which attach the seatback can loosen and detach, creating risk of injury to the user. The chairs were sold at Office Depot between May 2006 and August 2009. The recall does not include the Guest Chair version. If you own one of the chairs, you should stop using it immediately and contact the manufacturer, Raynor (866-244-8180) for a free repair kit.

3. Diving Air Hose for Dry Suits by SI Tech: SI Tech is recalling its Diving Air Hose for Dry Suits, of which about 65,000 have been sold by diving equipment retailers and distributors between July 2006 and February 2009. The hose has an insert that can dislodge and restrict airflow to the diver, raising the potential for a drowning hazard. One death of a diver has occurred and been reported. These hosed were sold with dry suits and separately. If you have one of these hoses, you should stop using it immediately and contact SI Tech (1-877-348-3529) who will provide you with the name of an authorized dealer who can do a free repair.

4. Paula Deen Cast Iron Cookware: Now I love me some Food Network and always watching to see how much butter and sugar Paula is putting in them recipes, but some of her cookware, sold through QVC is being recalled because it can crack or shatter, raising potential for injury to the user. There have been 79 reports of the cookware cracking or shattering when heated. That's a problem, since that is the purpose of cookware. The recalled cookware is the 11 inch cast iron grill pans and griddles sold through QVC with item numbers K14984, K11970 and K135024. The cookware was sold between October 2007 and July 2009. If you have any of this cookware, stop using it immediately and you can return it to QVC for a full refund. Now this is not Paula's fault, but where were the quality control people??? Hard to make those "best dishes" if my cookware is falling apart.

That's all for this week. Check in tomorrow as I will have a post regarding a recent article in the American Bar Association's monthly magazine feature yours truly. Until next time, be careful out there.

Recalls of the Week

2009-08-28T17:54:39Z

We have some pretty big recalls this week. So here we go.

1. Baby Jogger City Mini Strollers: I remember when my younger son was an infant, strollers that you could jog with were becoming the big craze, what with the increased interest in fitness and health. Well, Baby Jogger is recalling about 41,000 of its City Mini Strollers because the restraint buckle to keep the child in can break or unlatch, which allows the child/infant to fall out. The recall involves both the single and the double strollers. The word "City Mini" is printed on the stroller. For a chart providing you the item numbers and date codes of the recalled strollers, see here. These strollers were sold between November 2007 through July 2009. If you have one of these strollers, stop using it immediately (although you can continue to jog, just not with your child in it) and contact Baby Jogger to get a free restraint buckle.

2. Frigidaire and Kenmore Elite Smoothtop Electric Ranges: Frigidaire is recalling about 200,000 of it and Kenmore's Elite Smoothtop Electric Ranges because the surface heating elements can turn on by itself without being switched on, fail to turn off when switched off, or heat to different temperatures than you selected. This creates a potential for fire and burn problems. The recall involves Frigidaire, Frigidaire Gallery, Frigidaire Professional and Kenmore Elite smoothtop electric ranges with rotary knobs and digital displays. If you look here, it has the listing of the model and serial numbers involved in the recall. If you have one of these ranges, stop using it immediately and call Frigidaire or Sears to schedule a free repair.

3. Thermal Sailcloth and Matchstick Bamboo Roman Shades Sold Exclusively at Target: These shades, which were sold only at Target and Target.com, are being recalled because a child could be strangled if he puts his neck between the exposed inner cord and the fabric on the backside of the blind or if a child pulls the cord out and wraps it around his neck. The recall includes both the Thermal Sailcloth and Matchstick Bamboo roman shades. For additional information regarding the shades involved in this recall see here. If you have these shades, contact Victoria Classics, the importer of the shades and they will send you a free repair kit.

4. Roman Shades Sold Exclusively at Pottery Barn Kids: Another strangulation concern with shades, this one at a store that sells its products specifically for use in kids rooms. Pottery Barn Kids is recalling Roman Shades it has sold between January 2003 and May 2007 through either its website or catalog because again, a child can place his neck between the exposed inner cord and the fabric on the backside of the blind and create a potential for strangulation. The recall involves all sizes and colors. For more information regarding the specific shades involved in the recall, see here. If you have these shades, stop using them and contact Pottery Barn Kids who will provide you with a merchandise card for the purchase value.

5. Maytag, Magic Chef, Performa by Maytag and Crosley Refrigerators: This is the expansion of a previous recall back in March 2009 adding another 46,000 units to this recall. I wrote about the previous recall here. These additional models are being recalled again for an electrical failure in the part that turns off the compressor, which can cause overheating and create a risk of fire. The refrigerators involved were sold between September 2000 and May 2004. For a complete listing of the model and serial numbers involved, see here. If you have one of these refrigerators, you should contact Maytag (where is that Maytag repairman when you need him) and they will send someone out for a free in-home repair.

Those are the most significant recalls of this past week. Remember to check up weekly with this blog to get the latest information on major recalls of consumer products and drugs. You can also subscribe above and have it come into your reader. Until next time, be careful out there.

FDA Probes Orlistat (Alli and Xenical) For Link To Liver Damage

2009-08-25T16:01:12Z

Yesterday the FDA issued what it refers to as an "early communication" advising Drs. and patients that it is investigating whether the weight control drug Orlistat, which is marketed over the counter as Alli, and by prescription as Xenical, may cause liver injury. Thus far, the FDA reports it has received 32 reports of serious liver injury, which include 6 reports of complete liver failure, of patients who were using Orlistat. The FDA is now reviewing data provided by the manufacturers of Orlistat of suspected cases of liver injury. In its press release, the FDA has emphasized that no definite association between liver injury and use of this drug has been determined at this time.

GlaxoSmithKline, which manufactures Alli, the OTC version of this drug, insists "there is no evidence that Alli causes liver damage". The company went on to indicate the people who are overweight or obese are predisposed to liver problems.

My only comment on this issue is the use of medication to lose weight. Time and time again you will here experts in this area say, "there is no easy fix...no magic pill" to make your weight problems go away. It all comes down to 2 things, diet and exercise. Watch what you put in your mouth, and more importantly, how much you are putting in your mouth and get out there and move! I will continue to monitor the concerns raised on this drug and will update here when further information is released. If you have any concerns or issues regarding Alli or Xenical, you are welcome to contact me to discuss them.

Recalls of the Week

2009-08-20T17:10:13Z

Time once again to address the Recalls of the Week. Been dealing this past week with "back to school" issues; one son going back to college and one entering high school. Summer went so fast and we begin again with the stress of the new school year. And speaking of stress....here we go with some products which have been recalled from the market over this past week.

1. Little Tykes Workshop Sets and Trucks: Little Tykes, generally a quality manufacturer of children's toys, is recalling about 1.6 million....yes million, of its Workshop Sets and Trucks because they have oversized toy nails which can create a possible choking hazard in young children. The oversized nails are in red and blue and are about 3 1/4 inches long and 1 1/4 inches in diameter. They were sold with a variety of Little Tykes toys which are shown here. These toys were sold through web sites as well as Toys "R" Us between March 1994 and June 2009. If you have any of these nails, they should be taken away from young children immediately and you can contact Little Tykes for replacements.

2. Duraband DVD Players: Wal-Mart is recalling about 1.5 million Duraband DVD Players which were sold between January 2006 and July 2009. The DVD players can overheat, posing a fire and burn hazard. If you have this product, you should stop using it immediately and return it to your nearest Wal-Mart for a full refund.

3. Black & Decker Thermal Coffeemakers: About 9800 of these Black & Decker Thermal Coffeemakers, sold at Wal-Mart and small retail stores between April 2008 and July 2009 are being recalled due to potential to overheat and melt posing a risk of burn to consumers. The model number is TCM1000IKT and is printed on the rating plate on the bottom of the coffeemaker. If you have one of these coffeemakers, you should stop using it immediately and contact the manufacturer, Applica (866-699-4595) to receive a free replacement.

4. Homelite, Husky and Black Max Generators: These generators were sold at Home Depot and Sam's Club under these 3 different names. The fuel gauge on the generator can leak excessive amounts of gas, creating a potential fire hazard. These generators were sold between July 2008 and May 2009. For a specific description of the models involved, see here. If you have one of these generators, stop using it immediately and contact Homelite (for Homelite or Husky brands) @ 800-242-4672 or Black Max (Black Max brands) @ 800-726-5760 for a free repair kit.

That's what we have this week. If you have any of the above products and you have been injured using the product, you can contact me for assistance. In the meantime, be careful out there.

New FDA Study Confirms Antidepressants (SSRIs) Increase Suicide Risks in Children & Young Adults

2009-08-13T16:23:08Z

A study issued by the U.S. Food and Drug Administration (FDA) on Tuesday of this week confirms that people under age 25 who take antidepressants are at a greater risk of suicidal thoughts and tendencies than older adults taking the same medication. The antidepressant drugs specifically addressed were those generally referred to as SSRIs and SNRI's which include medications such as Prozac, Paxil, Effexor and Zoloft. This study was not a shocking result, but did confirm the validity of the "black box" warning the FDA required on these types of drugs addressing the increased risk of suicidal thoughts and tendencies in individuals below the age of 25 taking this kind of medication.

The article explains that many psychiatrists have complained about the warnings indicating that it has scared people away from using these type of medications. In fact there had been encouragement in the psychiatric community to do away with the warnings the FDA has imposed on these types of drugs based on the significant decline in people seeking treatment for depression. However, this recent study by the FDA, which looked at 372 clinical trials from eight different drug makers involving over 100,000 individuals, confirmed the increase risk of suicide in those under 25 taking these type of medications.

I have handled several cases over the years involving suicides of young people who committed suicide shortly after beginning a course of treatment with a SSRI antidepressant. Before the black box warnings were imposed by the FDA in 2005, primary care physicians were prescribing this type of medication to children and young adults going through what can only be described as "teenage angst". There typically was no diagnosis of depression, much less any formal testing to address whether the young adult or child was indeed depressed. Several weeks later, these young, vibrant souls, with many promising years ahead, were found dead as a result of self inflicted injury. In my view, the significant warnings on these medications were justified and necessary and if it has changed the prescribing habits of primary care physicians as it relates to young adults, then it has had its intended results and more importantly, saved the lives of many children and young adults who essentially were told to pop a pill and they will feel all better.

Recalls of the Week

2009-08-07T17:55:20Z

Back again with the Recalls of the Week. Still working on blogging on a more regular basis. Starting next week I will be trying for at least 2, if not 3 blog posts a week. So here is what has been going on this week in the world of recalls:

1. Circo Booster Seats: Target is recalling its Circo Booster seats, of which about 43,000 have been sold between December 2008 and June 2009. There is a problem with the restraint buckle which can open unexpectedly, allowing a child to fall off the chair. You need to look for manufacture date codes of XJ0811, XJ0812, XJ0901, and XJ0902. This date code is printed on the backside of the seat, next to a consumer warning label. If you have one of these booster seats, stop using it immediately and return it to the nearest Target for a complete refund.

2. Safety 1st Stair Gate: The Safety 1st SmartLight Stair Gates are being recalled because the hinges that hold the stair gate in place can break, creating a potential fall hazard for children. Look for model number 42111 which is printed on a sticker under the handle panel. They were sold at Babies R Us, Toys R Us, Walmart and other online retailers between January 2005 through July 2009. Also look for a manufacture date before December 20, 2008 which will be located below the gate's handle and also can be found on a sticker inside the battery door. If you have one of these Stair Gates, stop using it immediately and contact the company to obtain a free repair kit.

3. Polaris Ranger "Crew" and "6x6" Side-by-Side Recreational Vehicles: Polaris is recalling about 3,800 of its Ranger "Crew" and "6x6" Recreational Vehicles due to an electrical short that can cause overheating and risk of fire. For specific model numbers involved, see here. The affected vehicles were sold between December 2008 and July 2009. If you have one of these vehicles, stop using it immediately and contact your Polaris dealer to schedule a free repair of the vehicle.

4. Black and Decker GH1000 Grasshog XP String Trimmer and Edger: Black and Decker is recalling about 200,000 of its Grasshog XP String Trimmer/Edger because the spool, spool cap and pieces of the trimmer string can come loose and become airborne projectiles, creating a hazard to users and bystanders. The trimmers can also overheat leading to a risk of burn to the user. The date codes at issue are 200546 through 200645 and are located on the underside of the trimmer/edger's handle. The recall only involves those with black spool cabs, not orange. These products were sold at major home center and hardware stores between November 2005 through January 2007. If you have one of these edger/trimmer, stop using it immediately and contact Black and Decker for a free repair kit.

5. Frigidaire Clothes Washer: Various washers manufactured by Frigidare, under the names Frigidaire, Crosley, Kelvinator, Kenmore, Wascomat and White-Westinghouse are being recalled due to a defect in the washer's drain pump which can cause heat to build up and lead to fire. For a list of all the models involved, see here. These washers were sold at Sears and other retailers between February 2009 and May 2009. If you have one of these machines, stop using it and unplug it immediately. Contact Frigidaire or Sears to schedule a free repair.

That's it for this week. Remember to be careful out there. If you need any help with these recalled products or have had a problem caused by a recalled product, you are welcome to contact me to discuss it.

Recalls of the Week ---Finally

2009-07-29T22:37:27Z

I'M BACK!!! Alright, I never said I was going away, but it just sort of happened. Between a couple personal trips for family members' weddings and being very busy at work, it has been difficult to find the time. But I'm back on the horse and committed to blogging again on a more regular basis. Figured the best way was to start with the Recalls of the Week. So here is what's been going on in the world of significant recalls over this past week.

1. Baby Swede Bouncer Chairs: Baby Swede is recalling the BabyBjorn Babysitter Balance and Babysitter Balance Air which are bouncer chairs for infants. It has sold about 6,500 of these throughout the United States between September 2008 and July 2009. These bouncer chairs have been found to have sharp metal objects in the padded area of the chair that can protrude and cut the child. If you have one of these, stop using it immediately and contact BabySwede (www.babyswede.com) to get instructions on how to return the chairs for inspection and if metal pieces are found, it will be replaced with a new one.

2. 2009 Polaris ATV: Polaris is recalling approximately 4,700 Model year 2009 Sportsman ESP XP 850 and XP 850 ATV because the valve assembly can fail in freezing temperatures, which can cause oil to leak on the exhaust system, potentially leading to a fire and burn hazard to the rider. Polaris has instructed users of the ATV to stop using the ATV in sub-freezing temperatures and contact their local Polaris dealer for a free repair. Given that there are very few areas in the U.S. right now with sub-freezing temperatures, this is not that big a concern right now. But if you live in an area where that is expected, I would take care of this as soon as you can.

3. Orbitrek Elite and Orbitrek Elite Magnetic Eliptical Exercise Gliders: These eliptical exercise machines, sold through infomercials between March 2007 and May 2009 and through www.thane.com , are being recalled because the instructions with the machine were wrong and incorrectly identified where you were to install a spring washer. This incorrect instruction can cause the bolts to loosen and thus a potential fall hazard to the user. You should stop using the eliptical immediately and inspect your machine to see if the spring washer is in the correct location. You can obtain the correct assembly instructions on the Thane website.

4. Buster Brown Children's Clog Shoes: These clog shoes, which look like cars and were sold through Bealls', Famous Footwear, J.C. Penney, Meijer, Rack Room, Sears, Target and Wal-Mart between August 2008 and June 2009, are being recalled because the decorative wheels can detach and pose a choking hazard to young children. There have been about 1.4 million..yes million, of these shoes sold. If your child has these shoes, you should immediately take them away and return them where you bought them for a full refund. For photos of these shoes, see here.

That's it for this week. I am really glad to be back and hope to be updating you with the latest information regarding issues about defective and problematic products for weeks, months and years to come. Remember, be careful out there.

Chrysler/Fiat Get Off Scott Free From Existing and Future Products Liability Claims

2009-06-04T17:07:06Z

The New York Times reports that the Judge overseeing the Chrysler bankruptcy has ruled that the company taking over Chrysler, Fiat, cannot be held liable for any future product liability claims of owners of current Chrysler products. Therefore, as an example, if you own a Jeep Cherokee presently and you get in a car accident and the seat belt breaks (a clear defect), you have no recourse. You will not be able to sue Chrysler, the manufacturer of the product or the company called Chrysler that comes out of bankruptcy. Too bad you are now a paraplegic as a result of a defective product made by Chrysler, you have no right to sue.

To make matters worse, the Bankruptcy Judge has also indicted that with regard to those product liability lawsuits presently filed and pending against Chrysler claiming a safety defect caused an injury, there will be very little, if any money available to pay those plaintiffs even if they get a verdict from a jury that Chrysler was responsible. In no uncertain terms, this is injury without remedy.

As indicated in this article in the NY Times and as some law professors have asserted, how can a bankruptcy judge take away an owner's future rights without any due process. This ruling by this bankruptcy Judge is an outrage. There is no doubt in my mind this will rollover (no pun intended) into the GM bankruptcy. I expect a ruling will be made there as well that any existing GM car owners will have no right to sue the NEW GM for their products liability claims.

As a lawyer who has not only represented car companies in products liability litigation at one point in my career, and now represents individuals who have been injured due to a defect in the car they were riding in, it is appalling to me that a judge can just wipe out the rights of individuals to have their day in court to address legitimate issues. Does this not go to the heart of our judicial system??? Is this not why our judicial system is the envy of the world??? Not only have these companies, which have been poorly run for so many years, taken billions in taxpayer money to keep alive their sick companies, but now our court system is giving them the ability to be responsible for killing and maiming innocent people without any potential that car companies will have to accept responsibility. This is just not right!!!

NY Times Reports: Synthetic Turf Fields Raise Safety Concerns for Children

2009-05-20T22:25:11Z

The New York Times printed an Associated Press article which may strike a fear in many parents' hearts. More and more communities are putting down synthetic turf fields for kids to play soccer, football and other field sports. These synthetic fields use ground up rubber tires as the filler between the blades of grass. The cleats that the kids wear when playing can pull out tiny pieces of this ground up rubber which can then expose the kids to these chemicals should they inhale or swallow them.

Rubber tires are made from chemicals that are known carcinogens. This is where the concern is raised. It is reported that Connecticut and California are conducting their own studies on the health effects of artificial turf. There have been some studies done in both the U.S. and Europe which looked at the potential exposure and health risks to those using turf and have concluded that any health effects are unlikely. This same rubber is used for solid playgrounds and track surfaces. However, it is not as much of a concern in those situations since the surface is in the form of a mat.

Other health concerns have been raised regarding use of turf, including the heat generated when using the turf. Temperatures in the range of 130 to 140 degrees have been measured on these fields, which raise the potential risk of heat stress or heat stroke. The fields do cost significantly more than natural grass, but they save significantly on maintenance costs. The article indicates there are artificial turfs made with alternatives such as cork or coconut husks as fill.

At this point, the jury is still out. However, it is something to think about next time you sign your child up for that community soccer league.

Recalls of the Week

2009-05-13T22:31:28Z

That time again to look at what has been recalled this week. Only a few items of significance this week. On with the countdown:

1. Eddie Bauer Play Yards with Rocking Bassinets: These bassinets, referred to as the Eddie Bauer Soothe and Sway Play Yards, can be made to tilt, and as a result the infant can end up in a corner and become wedged in, raising the risk of suffocation and asphyxiation. There are over 70,000 of these bassinets on the market. Models included in the recall are 05046 and 05044 (only units of this model affected are those manufactured before December 1, 2008). The model number is printed on sticker on one fo the support legs. These bassinets were sold at Target, Sears and Burlington Coat factory between January 2008 and May 2009. If you have one of these, stop using it immediately and contact the Dorel Juvenile Group who manufactured the bassinet who will provide you a $40 voucher to purchase a new Dorel product. Apparently you can continue using this as a "play yard", just not a a bassinet. For more information see here and here.

2. Composite Decks by Louisiana-Pacific: This is the material you use to build decks outside your house. About 48 million linear feet of this decking was sold at Home Depot referred to as the "Veranda brand". It was sold on the market from January 2005 through August 2008. The problem is that the decking can prematurely deteriorate and then break, allowing the consumer to fall through the decking and injury themselves. The decking is described as a composite product that looks like natural wood and was sold in various colors such as Tuscan Walnut/Chestnut, Driftwood Grey/Greystone, Pacific Cedar and Western Redwood. If you have this decking you should immediately call Louisiana-Pacific at 1-888-325-1184 for a free inspection. If they find you have the premature deterioration problem, they will arrange for a free replacement. For more information, including pictures of the decking involved, see here.

3. Oriental Trading Co., Face Paint:The FDA has advised consumers to stop using "Face Paint" labeled as distributed by Oriental Trading Co., due to reports of skin reactions in children such as rashes, itchiness, burning sensation and swelling where the paint is applied. The face paints are manufactured by a company called Shanghai Color Art Stationary Company Limited, located in China and the product is distributed by Fun Express Inc., a wholly owned subsidiary of Oriental Trading Co. For a listing of the paints recalled, see the FDA's website. You should stop using these Face Paints and if your child had a reaction, you can fill out a report at https://www.accessdata.fda.gov/scripts/medwatch/medwatch-online.htm

4. A S Medication Solutions Digoxin .25mg Medication On Monday, the FDA announced that A S Medication Solutions, LLC, a drug repackage company, was recalling all its tablets of Caraco brand Digoxin, .25 mg distributed before March 31, 2009 and which are not expired. Digoxin is a drug given to patients to regulate their heartbeat and for those in heart failure. These tablets may be the wrong size and have too much or too little of the active ingredient. If you get too much of the drug you can have Digoxin toxicity whose symptoms include nausea, vomiting, dizziness, low blood pressure, cardiac instability and slow heart rate. Death is also a possibility. For more information about this recall, please see the FDA's website. The pill involved is a scored round white tablet imprinted with the number "441".If you take the medication Digoxin, please check your pills as soon as possible.

That's all for this week. Please be careful out there and if you have questions about any of these recalls, or other product problems, please don't hesitate to contact me either by phone or by filing out the contact form. I will respond within 24 hours.

Recalls of the Week

2009-05-06T21:27:21Z

Some important issues have arisen in recalls over the past week, so let's get to it.

1. Hydroxycut Products: Last week I wrote this post on the day many of Hydroxycut's products were withdrawn from the market. There is an indication that ingestion of various of the Hydroxycut products can lead to kidney and liver damage. It can also cause a condition called rhabdomyolysis. I am familiar with this condition because it was a condition caused by another drug pulled off the market in 2001, Baycol, a statin, anti-cholesterol drug. If not caught early on, this condition, which starts with muscle ache and pain, and can later cause one to have cola colored urine, can shut down the kidneys and ultimately lead to death. These are serious consequences which can occur as a result of taking this over the counter "supplement". Here is a link to the FDA's Q & A page on the recall of Hydroxycut, as well as an article explaining about the FDA's lack of oversight of the supplement world from BNET Pharma website. .

2. Defective Chinese Drywall: Although not the subject of an actual recall, I have had several posts addressing this problem and just wanted to provide a brief update. According to the Sarasota Herald Tribune, earlier this week, on both the House and Senate side, requests were made to provide the Consumer Product Safety Commission $2 million for it to move forward on testing of Chinese Drywall, as well as providing of public information. This continues to be a significant safety issue and although not the subject of a recall as of yet, that appears to be where this is heading. Additionally, Consumer Reports indicates that the Florida Attorney General has become aware of scams which have arisen as a result of the defective Chinese drywall. These include companies promoting bogus tests to determine if you have the product, as well as quick cure remedies that falsely claim to get rid of the problems with the drywall. Leave it to the scam artists to take advantage of people who are already facing serious problems with their greatest financial investment....their home.

3. Jardine Cribs: Its happening again. Jardine cribs have been the subject of two prior recalls. Now a third recall of about 96,000 cribs that have been sold in places such as Toys "R" Us, Babies "R" Us and KidsWorld. It is reported that the side slats on the crib can break, which can cause a gap that can allow a baby to get his or her head stuck and may lead to strangulation. There have been 31 reports of the slats breaking, including 2 reports of children getting stuck in the gap caused by the broken slat. 7 models are included in this recall and are shown on this page from the CPSC. If you do have one of these recalled cribs, you should stop using it immediately and call Jardine and you will receive full credit toward the purchase of another crib.

4. Under Armour Athletic Cups: On this one, as a guy, all I can say is "OUCH"! Under Armour is recalling over 200,000 of its Athletic Cups as they can break when hit, posing a risk of serious injury to the guy wearing it. Bottom line, it doesn't' do what it is suppose to do....protect the "family jewels" as my junior high gym teacher use to say. This recall involves all athletic cups that have the Under Armour logo, including youth and teen sizes. These cups were sold between January 2006 and March 2009. If you have one of these cups, stop using it immediately and contact Under Armour and they will provide you a $20 voucher for use online or at its stores. For more information, see Under Armour's website here.

5. Haier Toaster Oven/Broilers: The Haier Toaster Oven/Broiler is being recalled because of problematic electrical connections which can come loose and cause electrical shock and burns. There have been over 100,000 of these Toaster Ovens sold between September 2006 through January 2009. The model number that is a problem is RTO1400SS. For a picture of the Toaster Oven in question, see here. If you have one of these Toaster Ovens, stop using it immediately and contact Haier to get a free replacement.

That's all I have for you this week. Please be careful out there. If you have had any issues with the products talked about above, or any other products, please contact me and I will be happy to discuss it with you. I will help in anyway I can.