Articles Posted in Defective Products

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Our Boston injury lawyers represent clients who have sustained injury or other health complications because of a defective hip implant or another failed medical advice. In the last couple of years, there has been an increase in Massachusetts products liability cases over hip replacement devices that have failed sooner than they should, requiring their users to undergo another replacement within five years and/or sustain bone fractures, dislocated implants parts, tissue damage, or other health issues.

Now, a study published in the journal Advanced Materials is reporting on a new coating for hip implants that might be able to get them to better adhere to the bones of a patient, potentially preventing premature failure. Right now, artificial hip devices use bone cement. Yet this cement is cracking in some patients, which is causing the device to separate from the bone. This can create chronic pain and mobility loss for the patient.

The new coating is made from materials that encourage the bone to grow quickly. Generating new bone can more easily secure the implant to the existing bone. Right now, the chemical engineers involved in the study are testing the coating on animals. They also believe that the coating could be used with dental implants.

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With the weather expected to warm up in the coming months, many kids are eagerly awaiting the day when they will be able to rush out and jump in the pool. While swimming is a lot of fun, it can also be dangerous, and our Boston injury lawyers have helped children and their families recover compensation for injuries and deaths resulting from a Massachusetts drowning.

While grownups can often anticipate the risks involved for kids when swimming in a regular pool, hot tub, or beach, portable pools can be just as dangerous. According to the Consumer Product Safety Commission, it receives reports of about 35 child swimming deaths involving kids younger than 5 in portable pools every year. That’s 11% of all pool drowning deaths for that age group.

It is the responsibility of the person who owns or oversees a pool to make sure that the kids using it are safe. It doesn’t matter whether it is a small blow-up pool or one that can contain thousands of gallons of water. It takes just a few inches of water for someone who has submerged his/her face in it to drown. A child who survives a Boston drowning accident may be left with a traumatic brain injury, severe disabilities, or other injuries.

Child drownings can happen when the pool is inadequately supervised. This may mean that there wasn’t an adult present that knew how to swim at the pool or the portable pool containing water was left easily accessible to kids when no grown ups were around. Placing a cover on the pool, fencing it in with a barricade high enough that children can’t get in, or locking up the portable pool are some ways to prevent accidental drowning.

Drowning is Silent: Portable Pools, CPSC, April 24, 2012

Unintentional Drowning: Fact Sheet, CDC

More Blog Posts:
Massachusetts Swimming Pool Death: State Report Released on Woman’s Fatal Fall River Drowning, Boston Injury Lawyer Blog, April 12, 2012

Boy Dies Following Shrewsbury Drowning Accident at Summer Camp, Boston Injury Lawyer Blog, July 29, 2012

13-Year-Old Nearly Drowns in Falmouth Swimming Pool Accident at Holiday Inn, Boston Injury Lawyer Blog, July 21, 2010 Continue reading

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According to the Centers for Disease Control and Prevention, at least 200 people in 21 states fell ill after developing salmonella from eating sushi. 12 of those who have been afflicted required hospital care. At least eight were Massachusetts food poisoning incidents.

The cause of the outbreak is yellowfin tuna. Moon Marine USA Corporation is recalling close to 59,000 pounds of “Nakaochi Scrape AA or AAA,” which is a frozen yellowfin tuna product consisting of “backmeat” from the fish’s bones that has been scraped to appear like its been ground up. The food item is sold to grocery store chains and restaurants for sushi, ceviche, sashimi, and other items that use raw fish.

The outbreak has been going on for a couple of months. Many of the salmonella victims said they got sick after consuming spicy tuna sushi.

Last week, two women filed a salmonella sushi lawsuit after they got very sick from eating tuna sushi rolls at a restaurant. They both received hospital care. One woman blames Nakaochi Scrape for her ulcerated colon.

One possible cause of the salmonella outbreak is distributors who took the packaging off the tuna before selling them to restaurants. This step may have contaminated the fish.

Our Boston products liability lawyers represent clients who have gotten seriously ill from eating contaminated or spoiled food items. The food product may have been bought at a store or wholesaler or distributed at a restaurant or some other eating place. Depending on what caused the contamination, the victim may be able to pursue a case against the manufacturer, retailer, distributor, or the middlemen.

A few of the other reasons people might choose to sue for food products liability:
• A foreign object left in in the food item caused injury • A hot liquid that is too hot, or not packaged/served in a container that can contain the heat properly, and causes serious burn injuries • Food allergy death
First Salmonella Sushi Lawsuit Filed, Reuters, April 24, 2011
Sushi-linked salmonella outbreak reaches 20 states, yellowfin tuna recalled, CBS News, April 16, 2012
200 now sick in salmonella sushi outbreak, MSNBC, April 25, 2012

More Blog Posts:
Kids’ Jewelry Containing Toxic Chemicals Were Sold in Massachusetts, Boston Injury Lawyer Blog, March 16, 2012
Judge Upholds $20M Massachusetts Products Liability Lawsuit in Woman’s Pool Slide Death, Boston Injury Lawyer Blog, February 22, 2012
“Metal-on-Metal” Hip Replacement Devices May Increase Cancer Risk, Says Study, Boston Injury Lawyer Blog, February 13, 2012 Continue reading

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According to a report issued by the Centers for Disease Control and Prevention, the state of Massachusetts had the lowest pediatric death rate among all the US states in 2009 at 4 child deaths per 100,000 kids (age 19 and under). The national average for that year was 11 deaths/ per 100,000 children. The CDC has published its findings in its Morbidity and Mortality Weekly Report.

CDC principal deputy director Ileana Arias says that one reason for Massachusetts’ lower child death rate is that the state has taken pains to address child injury prevention, including developing policies and programs to promote children’s safety. In 2008, the state passed a law mandating that all kids under the age of 8 use a booster seat when riding a car. Following a 2006 law that toughened up requirements for teens seeking to earn their driver’s license, teenage driver deaths declined by 75%.

Our Boston injury lawyers handle Massachusetts injuries to a minor cases. We represent children and their families with civil lawsuits against negligent product manufactures, automakers, physicians, property owners, pet owners, and other liable parties.

Per the CDC’s report, nationwide car crashes comprised close to 50% of the 9,143 pediatric injury fatalities that occurred 2009. Although this figure is still too high, it is a significant decline from the number of child car crash deaths that took place a decade ago. That said, child injuries continue to be the number one cause of children fatalities.

The CDC says that the rates of child fatalities caused by infant suffocation while sleeping and teen poisoning deaths (many from prescription drug overdoses) have gone up. However, there has been a decrease in the number of deaths from fall accidents, drownings, and fires/burn injuries. Unknown causes was cited as the reason for 1070 child deaths in 2009.

Massachusetts Child Injury Cases
We know how devastating it can be to see your child suffer because someone else was reckless/careless. Sometimes, the negligent party may be a company or an individual you do not know. We also represented clients with Boston wrongful death cases or personal injury claims against a relative or a friend.

Massachusetts leads nation with lowest rate of accidental deaths in children, Boston.com, April 16, 2012
Vital Signs: Unintentional Injury Deaths Among Persons Aged 0–19 Years – United States, 2000–2009, CDC
Safe Kids USA

More Blog Posts:
Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol, Boston Injury Lawyer Blog, January 11, 2012

Boston Child Injuries: Do Some Toys Cause Hearing Problems?, Boston Injury Lawyer Blog, December 26, 2011

Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011 Continue reading

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According to the lawyer of a Pittsfield man charged with motor vehicle homicide while under the influence of drugs, driving to endanger causing serious bodily injury, and driving under the influence of alcohol, the deadly Massachusetts car accident that claimed the life of 25-year-old Michael F. Ashline may have actually been caused by an auto defect. Douglas F. Guinan’s defense attorneys want Hyundai Motor America to provide them with documents related to malfunctions involving the electronic steering system of the 2011 Sonata.

Guinan’s legal team contends that the head-on 2010 Pittsfield auto crash that killed Ashline is not the first time that a 2011 Sonata suddenly pulled left or turned without the driver actually instigating this action. Pointing to a recall of Hyundai vehicles that the automaker had issued (around the time of the accident) due to pulling and vibration in the steering wheel, the defense believes that it was this type of safety issue that caused Guinan’s accident.

The automaker has agreed to give over engineering test reports related to this safety issue to the defense. However it turned down other elements of the request, such as access to client complaints prior to the recall. Meantime, Guinan’s lawyer believes there is evidence showing that what hospital staff had thought was intoxication at the time of the crash was actually the result of a traumatic brain injury. Guinan and the driver of the vehicle that Ashline was a passenger in, Nichole A. Rudd, were both seriously injured in the Berkshire, Massachusetts car accident.

Auto Products Liability
There are instances when an auto defect, and not driver negligence, is the cause of a deadly car accident. For example, a man convicted of killing three people in a 2006 car accident was set free in 2010 when it was discovered that Toyota sudden acceleration was the actual cause of that deadly collision.

Pursuing Massachusetts auto products liability recovery from an automaker can be an intimidating and arduous process, which is why you should not to try to do this without experienced legal help.

Defense lawyers eye auto defect in fatal crash, The Berkshire Eagle, April 10, 2012

Hyundai

More Blog Posts:
Massachusetts Cyclist Killed while Riding Recalled Cervélo Bicycle, Mechanical Failure Likely, Boston Injury Lawyer Blog, April 11, 2012

NHTSA Seeks to Modify Keyless Ignition Systems to Minimize Safety Risks, Boston Injury Lawyer Blog, March 22, 2012

Is CPSC’s SaferProducts.Gov Database Preventing Boston Injuries?, Boston Injury Lawyer Blog, March 17, 2012 Continue reading

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Unfortunately, the birth control pill Yaz continues to be linked to serious health complications in women. If you are one of these people and you live in Massachusetts, do not hesitate to contact our Boston injury lawyers right away to request your free case evaluation.

In the last few years, more than 10,000 Yaz lawsuits have been filed in federal court alleging products liability. The plaintiffs are blaming this popular contraceptive for some serious side effects, including stroke, hyperkalemia, blood clots, liver damage, breast lumps, kidney damage, pancreatitis, heart attack, gallbladder disease, deep vein thrombosis, pulmonary embolism and even death. Women older than 35 who have a history of serious medical issues or smoke are among those most at risk of developing complications from taking Yaz.

Many of the women are claiming that Bayer, Yaz’s manufacturer, not only failed to do enough research on this birth control pill, but also, it neglected to warn users of the potentially serious side effects while overstating its benefits. Last year, a Food and Drug Administration panel voted that the labeling on Yaz and other contraceptive pills that use the hormone progesterone is inadequate in terms of any warning it might provide about potentially fatal effects. The FDA also put out its own warning notifying the public that women who take Yaz or any other contraceptive with drospirenone are at a much higher risk of developing blood clots.

This week, the federal agency ordered Bayer and the makers of certain other kinds of birth control to include a warning of this increased risk on their label. Other birth control pills that will include modified labels: Yasmin, Safyral, Beyaz, and certain generic versions of the contraception. Their labels will mention that some studies found an up to threefold rise in blood clot risk in pills with drospirenone than those with other progestins.

FDA orders blood clot risks be added to some birth control labels, New York Daily News, April 11, 2012

Clotting risks for Yaz pills, Wall Street Journal, April 10, 2012


More Blog Posts:
Massachusetts Dangerous Drug?: Women Affected by Yaz Birth Control May Have Grounds for Lawsuit, Boston Injury Lawyer Blog, March 26, 2012

Another Boston Injury Lawsuit Blames DES Drug for Causing Newton Woman’s Breast Cancer, Boston Injury Lawyer Blog, January 30, 2012

Aspirin Causes Some People More Harm than Good, Says Study, Boston Injury Lawyer Blog, January 21, 2012 Continue reading

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A cyclist from Rehoboth, Massachusetts-a town in Bristol County near East Providence-was killed earlier this week while riding a Cervélo bicycle model that, according to reports, had previously been recalled by the U.S. Consumer Product Safety Commission (CPSC). The 58-year-old man had apparently suffered head trauma and was pronounced dead shortly after he was transported to Rhode Island Hospital. The crash is still being investigated by the MA State Police, but the cause is believed to be a mechanical failure of the bicycle.

Although reports do not specify the model of bike the man was riding, the CPSC had announced a voluntary recall of about 650 defective 2005 R2.5 road frames in 2006 due to problems undetected during testing. According to the press release, “The bicycle frames can loosen or separate, causing the rider to lose control, fall and be injured.” The defect is explained in more thoroughly on the website of Cervélo Cycles, Inc., a distribution company based in Toronto, Canada.

While we’re on the topic, I think it’s important to distinguish between a “voluntary recall” and a “mandatory recall.” Before February 2010, when new rules went into effect under the Consumer Product Safety Improvement Act, there was really no such thing as a mandatory recall and voluntary recalls were the only real means for the government to pull defective products off the shelves. Since the term “voluntary recall” can be confusing, Consumer Reports wrote an excellent summary of its real meaning and consequences:

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The convenience offered by keyless ignition systems can be outweighed by the safety risks they may pose. The keyless technology, which usually comes with an electronic fob that lets a driver unlock the vehicle and start it without having to insert an actual key in the ignition, has been blamed in a number of incidents that have resulted in injury or death. Now, the National Highway Traffic Safety Administration is seeking to modify these keyless ignition systems to make them safer.

With no key to turn and remove from the ignition it can be easy to leave the vehicle while forgetting to turn the engine off or thinking that you have when you actually didn’t. This can lead to tragic accidents, such as in the case of Mary Rivera and Ernest Codelia. River left her Lexus in the garage attached to her residence and didn’t realize that she never turned the engine off. This caused carbon monoxide to seep into her home. As a result of the CO poisoning, Rivera sustained permanent brain injury. Codelia, who also was exposed to the carbon monoxide, died from his injuries. Rivera and Codelia’s family are now suing Toyota for auto products liability. They are blaming the automaker for creating a keyless ignition system that makes it easy for a motorist to accidentally leave a vehicle unattended with the engine still running. Another peril that the keyless ignition system appears to be posing is that a driver might get out of the car and get hit by the vehicle that has been accidentally left on and not in park mode. NHTSA received at least one complaint by a driver.

The NHTSA is proposing a new rule to minimize some of these safety risks. The traffic safety agency wants to standardize these systems and require that a mere half-second press of the power button would automatically turn off a vehicle engine. It also wants there to be a warning sound that would go off if a driver were to get out of the car without putting the vehicle in park. A warning would also be activated if a motorist were to leave the vehicle with his/her key Fob but without turning the car off.

Our Boston auto products liability lawyers represent people who were injured or lost loved ones because an auto or any of it parts proved defective or dangerous. We are not afraid to go after automakers to fight for our clients’ financial recovery caused by poorly designed auto parts, seat belt defects, air bag failure, tire blowouts, or other safety issues.

Keyless ignition dangers addressed by proposed rule, NHTSA, March 16, 2012

Toyota sued in carbon monoxide tragedy that killed 79-year-old lawyer, New York Daily News, November 7, 2010


More Blog Posts:
Toyota Issues International Recall of 1.3 Million Motor Vehicles, Boston Injury Lawyer Blog, June 29, 2009

GM and NHTSA Announce Recall of 1.5 Million Motor Vehicles, Boston Injury Lawyer Blog, April 21, 2009
Recent Accidents Spark Seatbelt Enforcement Debate in Massachusettse, Boston Car Accident Lawyer Blog, January 10, 2012 Continue reading

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The Consumer Product Safety Commission’s Consumer Safety Information Database has been in use for one year now. SaferProducts.gov allows people and entities to provide quick notification of injuries caused by consumer products. The database also lets other people check whether any complaints were filed over a particular item.

Approximately 6,000 reports were filed during SaferProducts.gov’s first 10 months. Most of the reports were submitted by consumers and had to do with well-identified, newer products (many people included the items’ serial numbers and model names with their submissions). Medical professionals, coroners, and public safety professionals also turned in reports. While there had been some concerns that third-party advocates would be submitting entries about older items, this does not appear to be the case.

Our Boston products liability lawyers welcome any new means of preventing defective or dangerous products from causing serious injuries to others. Too often we see the harm product defects can cause. Fortunately, there are legal remedies that can allow you to obtain Massachusetts personal injury compensation.

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According to new research from the Ecology Center and The Alliance for Healthy Tomorrow, there are certain inexpensive pieces of jewelry made for both children and adult that contain toxic chemicals underneath their surfaces. Some of the jewelry included in the study were bought from stores in Holyoke, Falmouth, Fall River, and Worcester, Massachusetts.

99 pieces of low-cost jewelry were purchased from 14 retailers in six states and tested for cadmium, lead, arsenic, bromine, mercury, and chlorine. Included in this collection were the “love” ring and necklace set that contained low levels of cadmium, arsenic, and mercury. Low levels of lead and arsenic, and medium levels of mercury, were found in the “best friends” peace heart necklace. In total, 27% of the jewelry exhibited more lead levels than the 300 parts per million that is allowed and considered safe. Close to 59% of the products contained high levels of at least one dangerous chemical.

In studies involving humans or animals, the chemicals the researchers were looking for have been linked to allergies, learning disabilities, birth defects, cancer, and liver toxicity. It doesn’t help that many young kids are prone to putting shiny and brightly colored objects in their mouths to begin with, which can lead to ingestion of these toxic chemical when they are present and choking accidents. This study’s researchers are telling parents and guardians to prevent young kids from using or playing with cheap metal jewelry.

Unfortunately, kids are especially vulnerable to illness and other health complications from too much exposure to toxic chemicals. For example, there have been lead injury lawsuits filed contending that exposure or ingestion of lead resulted in cognitive impairments and other serious injuries. Boston injury lawyers represent the families injured because manufacturers, distributors, and sellers allowed a defective or dangerous product to enter the marketplace.

Chemical-laden kids’ jewelry turns up on Cape, watchdog says, Cape Cod Times, March 14, 2012

What’s in your children’s jewelry?, The Alliance for a Healthy Tomorrow


More Blog Posts:
Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer Blog, October 15, 2011
“Metal-on-Metal” Hip Replacement Devices May Increase Cancer Risk, Says Study, Boston Injury Lawyer Blog, February 13, 2012
Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol, Boston Injury Lawyer Blog, January 11, 2012 Continue reading

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