Articles Posted in Defective Products

A woman is blaming a drug shortage for the wrongful death of her husband. The plaintiff, Janet Schubert, is suing drug manufacturer Genzyme, its parent company Sanofi, and the Mount Sinai School of Medicine, which holds the patents for the drug Fabrazyme. In her wrongful death complaint, Schubert says that rationing of the drug, following a shortage of supply, caused her husband’s passing.

The medication shortage occurred after Genzyme’s plant in Boston was forced to shut down because of a viral contamination in 2009. While the company worked to remedy the manufacturing issues, it established a rationing program for patients suffering from Fabry disease. The rationing involved partial dosing.

Schubert contends that Genzyme chose to go through with its rationing plan even though it knew that for some patients, not taking a full dose could cause serious health issues and possibly even death.

The Centers for Disease Control says that there is a chemical in certain paint removers used to stripping bathtubs that is being linked to 13 deaths. The fatalities occurred in 10 states in residential bathrooms that didn’t have enough ventilation. The CDC’s Morbidity and Mortality Weekly report said the chemical, methylene chloride, is considered potentially deadly to factory workers and furniture strippers but had not been previously linked to bathtub refinishers. The federal agency is urging manufacturers, trade groups, and public health agencies to warn employers, consumers, and workers about the risks.

If you believe your loved one died from exposure to methylene chloride while on the job, you may be able to obtain Massachusetts workers’ compensation death benefits from his/her employer. While you cannot pursue civil damages from the company or person that your family member worked for, you may have grounds for a Boston wrongful death case or a Massachusetts products liability claim against the manufacturer of the product that contained the high levels of methylene chloride yet didn’t include a warning of the potential dangers or provide instructions on how to ensure proper protection.

10 products containing 60 to 100% of the chemical methylene chloride have been linked to the 13 fatalities. The products were marked to the aircraft industry or for use on metal, wood, masonry, or glass. The product labels don’t say anything about bathtub refinishing.

According to the CDC, the death toll could be higher, because the current count doesn’t factor into account self-employed workers and those believed to have died of heart disease when, actually, exposure to methylene chloride was the cause. The CDC is cautioning that it is best not to use the chemical in the bathroom, which can linger in bathtubs after it is applied. Proper ventilation and protective equipment is also recommended when one has to be exposed to methylene chloride.

CDC: Common Bathtub Refinishing Chemical Can Be Deadly, Time, February 24, 2012
New CDC Alert to Consumers: Bathtub Refinishing Products Deadly, EmaxHealth, February 25, 2012

More Blog Posts:
Judge Upholds $20M Massachusetts Products Liability Lawsuit in Woman’s Pool Slide Death, Boston Injury Lawyer Blog, February 22, 2012
Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons, Boston Injury Lawyer Blog, January 28, 2012
Easthampton Police Officer Faces Forced Retirement After Work Injury, Boston Workers’ Compensation Lawyer Blog, January 17, 2012 Continue reading

A judge has upheld the $20M Andover wrongful death verdict awarded to the family of a woman who died after she was injured while going down an inflatable pool slide. Robin Aleo, 29, sustained fatal injuries when the slide partially collapsed as she descended head first and she struck her head on the pool deck.

After the Andover swimming pool accident, Aleo, who suffered a spinal cord injury and broke her neck, became a quadriplegic that couldn’t breath without help. She was later removed from life support.

Her family filed an Essex County, Massachusetts products liability complaint against Toys “R” Us, which imported the Banzai Falls in-ground slide that was made in China. They contended that the slide was never tested to see if it fulfilled federal standards.

Safety standards dictate that pool slides have to be able to safely carry up to 350 pounds without deforming or collapsing. Attorneys for the defense contended that because the slide was inflatable, it isn’t subject to the testing that is generally required for other pool slides.

Last year, a jury awarded the family $20.6M in Andover wrongful death damages. Toys “R” Us filed a motion asking that the verdict be lowered and a new trial take place. A Superior Court judge denied both requests.

While no money can make up for the death of a loved one, it can provide family members with some financial relief while allowing them to hold any responsible parties liable for wrongdoing. Product manufacturers, sellers, distributors, and importers must make sure that the consumer goods that they sell meet all safety standards so that the chance of serious injury or death is decreased. Even if the party didn’t manufacture the product but played a role in the chain of distribution that allowed consumer goods to enter the market, that person or entity could be ordered to pay damages.

$20 million verdict upheld in pool slide lawsuit, Boston, February 17, 2012
$20M Verdict Upheld in Massachusetts Pool Slide Lawsuit, Insurance Journal, February 20, 2012

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

A Massachusetts in her 90’s died Sunday morning when her clothes caught fire while she was making coffee in the kitchen of her Somerville home that is located on Boston Avenue. The woman passed away before firefighters were able to arrive at the scene.

According to Somerville Fire Deputy Chief Jim Lucia, the fire appears to have sucked up the majority of oxygen in the kitchen. Although the fire was contained to that area of the three-bedroom house, some $75,000 in property damage was sustained. Lucia says that the victim appears to have died from severe burns and smoke inhalation.

At this time, our Boston injury lawyers do not know what caused this deadly fire. However, if a product defect allowed the clothing to catch fire too easily, then the woman’s family could have grounds for a products liability case against the manufacturer, distributor, and/or seller of her clothes and/or its fabric.

There is a federal standard in place to ensure that clothing is made with materials that prevent them from being highly flammable. Unfortunately, there are some fabrics that ignite more quickly than others, which means that once they catch fire they can spread more easily over the rest of the fabric and the body of the person wearing them, making it difficult for the victim to get away from the flames. Serious second- and third-degree burn injuries and even death may result.

If the clothing caught fire because another product, such as an appliance, malfunctioned, the victim or his/her family may be able to pursue Boston products liability damages from those responsible for the chain of manufacture and distribution of that particular consumer good. Another possible liable party might be the owner of the property where the fire occurred if he/she could/should have prevented the accident from happening.

Elderly woman dies in Somerville kitchen fire, Boston.com, February 19, 2012
Somerville woman, 94, dies in fire, Boston Herald, February 19, 2012

More Blog Posts:
Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons, Boston Injury Lawyer Blog, February 19, 2012

Seven Boston University Students Injured in Allston Apartment Fire, Boston Injury Lawyer Blog, January 22, 2012

Worcester Building that Collapsed During Fire, Killing One Firefighter and Injuring Another, May Have Been Poorly Maintained, Boston Injury Lawyer Blog, December 10, 2011 Continue reading

The CPSC and BSH Home Appliances Corp. are recalling approximately 835,000 Tassimo Single-Cup Coffee Makers in the US over concerns that the product poses a burn injury hazard. Some 140 reports have already been filed about the coffee makers spraying coffee grounds, hot liquid, or tea leaves onto people. Already there have been 37 reports of people suffering second-degree burns. One of the victims was a 10-year-old girl who was hospitalized after sustaining burns to her neck and face.

Please contact one of our Boston injury lawyers if you sustained burn injuries because of a consumer product. Altman & Altman LLP represents clients throughout Massachusetts.

Second-degree burns can be painful, cause swelling, redness, blisters, and pain. They can impact hair follicles and sweat glands. Failure to properly treat a deep second-degree burn can cause it to become a third-degree burn, which can affect the dermis, epidermis, and hypodermis. The skin may become charred and numb. Skin tissue and structures can sustain permanent damage and there may be severe scarring. Depending on the severity of the third-degree burns, muscle, fat, and the bone may also be affected.

According to The Telegraph, early findings from a British study on “metal-on-metal” devices indicates that using an all-metal hip implant may up the risk of a patient developing cancer and sustaining genetic damage. Per the study, conducted by orthopedic consultants in England and run by the University of Bristol, the bladders of over one in five patients who were monitored appear to have undergone cellular changes after they received the implant devices.

Obviously, this is more bad news for patients that with “metal-on-metal” hip devices. As our Boston injury lawyers have mentioned before, these hip implant users already have had a lot to contend with over concerns involving early failure rates and the risks of metal poisoning, which could occur should traces of metal enter a patient’s blood stream (this also may increase the chance of cancer), inflammation, and destroyed bone and muscle from metal pieces breaking off because of the friction created by the metal cup and ball.

For this latest study, 72 patients were studied. Genetic damage was found in the bladders of 17 participants. Three of them ended up developing cancer. That this many people experienced changes to their DNA is important to know because it is this damage that could eventually turn into cancer.

If you believe your injuries or health complications may be a result of your all-metal hip implant device, our Boston products liability law firm wants to hear from you. According to the New York Times, as of December more than 5,000 defective implant lawsuits had been filed over all-metal replacement hip implants. Some 3,500 of the products liability complaints involve DePuy hip implants. Johnson & Johnson is DePuy’s parent company. In 2010, the medical device manufacturer recalled some 40,000 DePuy all-metal implant devices. Also, although DePuy’s Pinnacle all-metal hip implants haven’t been recalled, there are some patients who are reporting similar problems.

Hip replacement patients could face increased risk of cancer, The Telegraph, February 4, 2012
The High Cost of Failing Artificial Hips, The New York Times, December 28, 2011

More Blog Posts:

Boston Products Liability Lawsuits Filed Over DePuy ASR Hip Devices, Boston Injury Lawyer Blog, January 4, 2011
Defective Medical Device?: DePuy Hip Replacement Recall Leads to Products Liability Lawsuits, Boston Injury Lawyer Blog, September 29, 2010
Transvaginal Mesh: FDA Wants Manufacturers to Conduct Three-Year Studies on Complications, Boston Injury Lawyer Blog, January 14, 2012 Continue reading

A set of consumer advocate groups has recommended the Consumer Product Safety Commission (CPSC) to recall the Bumbo Baby Sitter Seat, a device intended to help babies sit up earlier than they could on their own. At first glance, the product-millions of which have been sold in the United States by the South African Company, Bumbo, since 2003-seems ideal. Maybe even perfect.

The Babies R Us website describes the Bumbo Baby Sitter Seat, available at $44.99 in a variety of colors, as follows:

cleverly designed to support babies and allows little ones to sit up independently. Made from a single piece of latex-free, low-density, lightweight foam, the Bumbo Seat provides a snug and comfortable environment for your baby to sit during feedings, play time or quality time with the family. The Bumbo Baby Seat requires no straps or fasteners to hold your baby in place and helps babies make the transition to sitting upright.

Britax Child Safety, Inc. is recalling 14,220 Chaperone Infant Car Seats due to a defect that could cause the harness straps to fail. The NHTSA says it does not know of any injuries or deaths related to this product defect. In Massachusetts, do not hesitate to contact our Boston products liability lawyers if you believe your child’s injuries were caused by a defective safety seat.

The safety issue involves the rivet that attaches the harness adjuster to the child safety seat. Because the rivet is defective, the adjuster may separate from the the seat, causing the safety straps that are supposed to keep the baby in his/her seat to fail.

Recalled Britax models include the:
• E9L692K • E9L692J • E9L692L • E9L692M
These were made between September 2010 and April 2011.

A child safety seat is supposed to keep its rider properly secured so that in the event of a Massachusetts car crash he/she is protected and the chances of serious injury or death are minimized. Unfortunately, there are car seats that not safe for use and may cause more harm than help.

Common child safety seat defects:
• Latch defects that prevent them from staying secure and locked during an accident • Poor quality straps that can easily tear
• Strap adjusters that allow/cause the straps to fit too tight or too loosely • Seat frame defects
Car seat defects can cause a child to be thrown from the seat, become trapped, or injured.

It is important to know that not all car seats are for every age group or child or can be used with all cars. Also, Child safety seat manufacturers must provide clear instructions on how to use these products.

Consumer Advisory: Britax Recalling 14,220 Child Safety Seats for Safety Harness Straps That Will Not Properly Restrain Child, NHTSA, January 27, 2012
Britax

More Blog Posts:
Boston Child Injuries: Do Some Toys Cause Hearing Problems?, Boston Injury Lawyer, December 26, 2011
Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer, October 15, 2011
Boston Wrongful Death Lawsuit Filed in Toddler’s Fatal North Attleboro Crib Accident, Boston Injury Lawyer, January 12, 2011 Continue reading

According to Boston fire officials, a Hyde Park mom and her three kids were treated at Massachusetts General Hospital today after they suffered from carbon monoxide poisoning. The four of them were removed from their residence this morning.

Fire Department spokesman Steve MacDonald said they were called to home the evening before after the CO detector went off. However, when firefighters arrived at the residence, they did not detect carbon monoxide in the air and they advised the family to change the detection device’s battery.

The home’s owner, Jean Louisia, said that police might not have been able to detect the CO because he had opened the windows. Later that evening, the device went off again and Louisia unplugged him.

The Food and Drug Administration has written to 33 medical device manufacturers directing them to conduct three-year study into the health complications that may arise from using transvaginal mesh. Between just 2008 and 2010, the federal agency received 1503 reports of adverse occurrences, which is fivefold greater than the two previous years.

Hundreds of women have come forward to file products liability lawsuits over their vaginal mesh implant-related injuries claiming. In Massachusetts, if you are someone who believes that your health complications are a result of your transvaginal mesh procedure, contact our Boston defective medical device law firm immediately.

A medical device of choice for treating stress urinary incontinence and pelvic organ prolapse, transvaginal mesh has been linked to organ damage, chronic pain, urinary tract infection, perineal cellulitis, infection, organ perforation, painful intercourse, and even death. Also, last year the FDA reported it couldn’t confirm that vaginal mesh provided any added benefits compared to other procedures and devices used to treat the same health issues.

Boston Scientific, Johnson & Johnson, and CR Bard Inc. are three of the 33 medical device makers who received letters from the FDA calling for the studies. The federal agency wants the manufacturers to study vaginal mesh devices that are currently available for use. (Transvaginal mesh products that aren’t in the market yet don’t have to be included in the study.)

Because vaginal mesh products get their FDA approval through the 510(k) system, they don’t have to be tested on humans first because they are already similar to a medical device that was already approved. It is important to note, however, that the Boston Scientific vaginal mesh device that was FDA approved was recalled over a decade ago.

Transvaginal Mesh
This kind of mesh is a surgical mesh (usually made from polypropylene or polyester). It is often used as a bladder or pelvic sling, to strengthen the vaginal wall and/or provide support to organs that have been displaced. Unfortunately, when health complications arise as a result of transvaginal mesh, the patient may have to undergo additional surgeries and more complications can arise.

J&J, C.R. Bard Must Study Safety of Vaginal Mesh, FDA Says, Bloomberg, January 5, 2012

Looking Into Problems With Transvaginal Surgical Mesh, FDA

More Blog Posts:
Vaginal Mesh Injuries Lead to Boston Defective Medical Device Lawsuits, Boston Injury Lawyer Blog, September 22, 2011
Boston Products Liability?: FDA Considering Tougher Review Process for Mesh Products, Boston Injury Lawyer Blog, August 30, 2011
Defective Medical Device?: Transvaginal Mesh to Treat Pelvic Organ Prolapse May Cause Health Complications, Warns FDA, Boston Injury Lawyer Blog, July 15, 2011 Continue reading

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