Articles Posted in Defective Products

Six months after River Moore died from liver failure after he was given Children’s Tylenol, his family is suing drug maker Johnson & Johnson for wrongful death. In their dangerous drug lawsuit, they contend that the over-the-counter medication contains too much acetaminophen, which they say caused the two-year-old’s liver damage. The toddler was given the Tylenol for his fever.

Daniel and Katy Moore area accusing Johnson & Johnson of breach of warranty, infliction of emotional distress, recklessness, reckless and willful conduct resulting in death, conspiracy, and other offenses. They are also seeking damages from J& J chief executive officer William Weldon, other company executives, including former J&J Worldwide Chairman Consumer Group Colleen Goggins, three subsidiaries, and the retailers and distributors that dealt with the drug.

The Children’s Tylenol that River was given was part of a batch of medications that J & J recalled the year before. While J & J maintains that doctors, regulators, consumers, and retailers were told about the recall, the Moores believe that the drug manufacturer attempted to keep the recall as low profile as possible and even included a “stealth” strategy that allegedly involved hiring contractors who secretly entered stores that carried the medication and purchased what was in stock to keep public knowledge and dialogue about the safety issues minimal.

Dangerous Drugs
If you or someone you love died because you believe that a drug was dangerous, defective, came with inadequate instructions or warnings, or was inappropriately marketed, you may have grounds for filing a Boston dangerous drug complaint against the manufacturer and others.

Grieving Parents Blast J&J ‘Stealth Recall,’ Courthouse News Service, January 4, 2012
Couple Sues Johnson And Johnson For Death Of Their Son, KvewTV, January 6, 2012

More Blog Posts:
Adverse Reactions to Diabetes Meds, Antiplatelet Drugs, Blood Thinner, and Insulin Linked to Elderly Seniors Ending Up in the ER, Reports New Study, Boston Injury Lawyer Blog, November 26, 2011
Man Awarded $48.1M Dangerous Drug Verdict in Products Liability Lawsuit Over Motrin, Boston Injury Lawyer Blog, October 7, 2011
Boston Personal Injury Lawsuit Blames Prenatal Exposure to DES for Breast Cancer, Boston Injury Lawyer Blog, September 29, 2011 Continue reading

According to researchers at UC Irvine’s otolaryngology department, certain toys that are currently “in” may emit noises that hit decibel levels comparable to those made by chain saws or subway trains. This could place a child at risk of suffering from hearing loss. If so, his/her family may have grounds for a Boston products liability case.

10 popular toys were measured for loudness while they were held 12 inches away (approximately the length of a toddler’s arm stretched outward) and when placed next to a speaker. Per the study’s findings, popular toys such as the Tonka Mighty Motorized Fire Engine, T-Pain Mic, and Road Rippers hit decibel levels of 100 or greater. The Sesame Street Let’s Rock Elmo, Marvel Super Shield Captain America, Toy Story Buzz Lightyear Cosmic Blaster, VTech Princess Magical Learning Wand, and the Green Lantern Colossal Cannon Blaster hit decibels levels of 90 or over when placed next to the speaker. When kept 12 inches away, decibel levels for the toys hit the 60’s.

Considering that, according to the American Academy of Otolaryngology, noise higher than 85 decibels can lead to hearing loss (with duration playing a role in impairment) these toys may be cause for concern.

Are the products’ manufacturers warning about the potential for hearing loss? Are they doing enough to minimize the chance of this type of injury? Are they providing proper instructions for how to safely use these toys?

Researchers have recommended that if a toy has to emit sounds from a speaker, then the ones with speakers on the bottom are best. Proper supervision of toys that lack this safety measure, as well as placing tape over the speakers to decrease the sound, are also recommended.

You may have grounds for a Massachusetts products liability lawsuit if a product caused your child to sustain any type of injury. Possible liable parties include the manufacturer, seller, or distributor.

Study: Toys can be too loud, Daily Pilot, December 22, 2011
Noise and hearing protection, American Academy of Otolaryngology
Some children’s toys as loud as a chain saw, UCI study says, Los Angeles Times, December 23, 2011

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Boston Medical Malpractice?: Hepatitis C Contracted by Child During Transplant Was Totally Preventable, Says CDC, Boston Injury Lawyer Blog, December 23, 2011
Police Say Haverhill Pedestrian Accident Was Caused by Drunk Driver, Boston Injury Lawyer Blog, December 22, 2011
Man Sues City of Waltham for Massachusetts Child Sex Abuse Allegedly Committed by Former Assistant High School Football Coach, Boston Injury Lawyer Blog, December 19, 2011 Continue reading

According to the Boston Globe, Segway accidents have resulted in at least 10 injuries in this city in the last 12 months. Nine of the incidents involved fall accidents off the Segways. A tenth incident involved a person on a Segway getting hit by a car.

Four of the Boston Segway accidents occurred in the Beacon Hill area. Another four happened in the North End, while two other incidents took place in Charleston.

If you or someone you love was injured in a Massachusetts Segway accident, you may want to explore your legal options with an experienced Boston injury lawyer.

Segways
As this two-wheeled electric vehicle that riders are expected to stay balanced on has grown more popular, so has the number of injuries. While Segway accidents do occur because of rider inexperience (it can take a little while for some people to get a hang of using the “Lean Steer” handlebar, as they lean forward and back to get a Segway moving) other common causes of related injury accidents are poor instruction, inadequate supervision, a defective Segway, a malfunctioning part, or a defect on the road.

Just last year, the Annals of Emergency Medicine reported that 25% of patients who were admitted to one DC ER were Segway accident victims. At least four people had sustained traumatic brain injuries and were treated in the ICU.

All of the accident information used in this study involved Segway fall incidents with the victims striking inanimate objects. Less than half of the patients whose records were examined had been using helmets. It was also last year that Segway company owner James Heselden died in a Segway accident. The 62-year-old sustained fatal injuries when his Segway skidded into the Wharfe River in England.

Other Segway Accident Injuries:
• Broken bones • Spinal cord injuries • Facial injuries • Wrist injuries • Disfiguration

In 2006, 23,500 Segways were recalled because a defective part caused the personal transporters to suddenly go backwards at high speeds. That announcement was made three years after Segway recalled another 6,000 because of a safety issue that could cause the two-wheeled vehicle to stop suddenly while the battery was discharging.

Segway has been named as a defendant in a number of products liability lawsuits. Parties that rent or loan out a malfunctioning Segway can also be held liable for Boston personal injury. If a road defect was the cause of your Segway accident, you may have grounds for a Massachusetts premises liability case.

10 Segway injuries reported in Boston over last year, Boston, December 7, 2011
Serious Injuries From Riding Segways Increasing, MedicineNet.com, September 28, 2010

More Blog Posts:

Springfield Man Sustains Massachusetts Burn Injuries in Leaf Blower Accident, Boston Injury Lawyer BLog, November 24, 2011
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
Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually, Boston Injury Lawyer Blog, April 26, 2011 Continue reading

According to a recent study, there are four kinds of medications that are most commonly linked to adverse reactions that end up sending about 100,000 elderly persons to the emergency room each year. These medications are the blood thinner warfarin, insulin, oral hypoglycemic agents, and antiplatelet drugs. Meantime, meds considered “high-risk” were only a factor in 1.2% of these hospitalizations. More on the study can be found in the New England Journal of Medicine’s November 24 issue.

Our Boston injury lawyers want to remind you of the important of doctors notifying patients of any risks involved with taking certain medications-especially when taking more than one drug. There also may be a way to treat someone’s condition without medication. Meantime, it is also the responsibility of drug manufacturers to make sure that they warn doctors and consumers of any adverse reactions that can result from taking a medication, while keeping serious side effects to a minimum. Failure to fulfill these duties can be grounds for a Massachusetts dangerous drug lawsuit.

Researchers involved in this recent study identified between 2007 and 2009 over 5,000 involving patients in the 65 and over age group that experienced an adverse reaction to certain medications. 48% of those who were hospitalized belonged to the age 80 and over age group. Accidental overdose was a factor in 66% of these incidents.

Of the four types of medications most commonly cited, bleeding was the main issue of concern for the blood thinners and antiplatelets. Seizures, confusion, loss of consciousness, and other changes in mental states were side effects associated with the diabetes medications.

The study notes how important it to be aware that when seniors are involved (especially those older than 80), there appears to be a higher risk of adverse side effects than if the person taking the medication was younger. However, it is important to remember that many of the patients were taking these drugs because they have to in order to maintain their health. The authors of the study noted that 40% of seniors are taking at least medications at a time, while about 18% have to take 10 drugs or more.

Four common meds send thousands of seniors to hospital, USA Today, November 25, 2011
Emergency Hospitalizations for Adverse Drug Events in Older Americans, New England Journal of Medicine, November 24, 2011

More Blog Posts:
Man Awarded $48.1M Dangerous Drug Verdict in Products Liability Lawsuit Over Motrin, Boston Injury Lawyer Blog, October 7, 2011
Boston Personal Injury Lawsuit Blames Prenatal Exposure to DES for Breast Cancer, Boston Injury Lawyer Blog, September 29, 2011
Boston, Massachusetts Accutane Lawsuits Blame Acne Drug for Severe Intestinal Problems, Boston Injury Lawyer Blog, August 2, 2011 Continue reading

A 21-year-old man sustained third- and second- degree burns in a Springfield, MA injury accident involving a leaf blower and a lit cigarette. Javier Rivera was reportedly using the machine when gas spilled onto his arm while it was being refueled.

At the time, Rivera and another man were using the leaf blower. Rivera’s arm ignited when one of them lit a cigarette.

Depending on the specifics of what happened, Rivera may have grounds for filing a Massachusetts personal injury lawsuit. For instance, if the gas spilled out of the leaf blower because of a product defect, then he may be able to pursue a Massachusetts products liability case against the manufacturer. Another possible reason for a defective product lawsuit would be a failure to warn of dangers involved with using the leaf blower and not providing instructions for proper and safe use. Also, if it was Rivera’s companion that lit the cigarette then this could be grounds for a Springfield personal injury case against him.

Massachusetts Personal Injury
To prove negligence in a Springfield injury case, the plaintiff must show that another party was negligent. Because Massachusetts is a comparative negligence state, if a victim contributed to his/her own injuries, then the amount he/she can receive is lowered by the percentage of responsible attributed to the claimant-unless that percentage of negligence is 51% of greater, in which case a plaintiff cannot receive any compensation.

There may be more than one party who should be held liable. If so, each party would be held responsible for part of the damages that would be proportionate to the percentage of fault allotted. Massachusetts’ joint and several liability rules, however, lets a plaintiff sue one person for all damages. If the plaintiff wins the case then that party can sue the others that are at fault for repayment.

Javier Rivera of Springfield suffers 2nd, 3rd degree burns in leaf-blower accident, MassLive, November 21, 2011
Springfield man burned in leaf blower accident, Boston Herald, November 22, 2011
Related Web Resources:
Burns, Medline Plus
Products Liability, Nolo
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$7.7M Boston Personal Injury Verdict Awarded to Boiler Repairman Burned by Defective Water Heater, Boston Injury Lawyer Blog, October 6, 2011
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Salem Premises Liability: 93-Year-Od-Woman Seeks Damages for Burn Injuries from Scalding Bathwater, Boston Injury Lawyer Blog, May 25, 2011 Continue reading

Just in time for the holidays World Against Toys Causing Harm, which is based in Boston, has put out its list of 10 worst kids’ toys. The products that made this year’s top 10 include:

Twist ‘n Sort by Guidecraft, Inc.: Small pieces pose a choking hazard to young kids.

Power Rangers Samurai Mega Blade by Bandai: The sword, which flips open, has a toy blade that could cause impact injuries.

Fold & Go Trampoline by The Original Toy Company: Small parts pose a choking hazard. Head, neck, and other bodily injuries can also happen.

Pulling Animal Duck by Haba: Long cord can be pose a strangulation hazard.

School Bus from Schylling: Small pieces are a choking hazard. There is a warning label that comes with it, but it is removable.

Z-CURVE BOW by Zing Toys, Inc.: Arrows can cause eye injuries and may also injure animals.

Stepper “Low Rise” Stilts by JJI Toys: May cause impact and head injuries.

Sword Fighting Jack Sparrow by Jakks Pacific: Small pieces can pose a choking hazard. Plastic sword that activates upward can cause impact injuries. No warning included.

Incredible Shrinky Dinks Maker by Big Time Toys, LLC: Electricity required, which places users at risk of burn injuries and electric shock.

“Gigan” Godzilla Figure by Bandai: Sharp parts increase the chances of impact and penetrating injuries.

Child injuries caused by a toy can grounds for a Boston products liability lawsuit. Manufacturers are supposed to make sure that all kids’ products are designed so that they are safe for use, create a minimum risk or injury, and, if there are any hazards, that warnings are included. Also, toys should be designated for the appropriate age group.

According to the Consumer Product Safety Commission, some 250,000 toy-related injuries in 2009 resulted in visits to hospital emergency rooms. This year, said WATCH president Joan Siff, about 3.8 units of toys were recalled.

U.S. consumer group flags 10 most dangerous toys, Reuters, November 17, 2011
WATCH

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
Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011
Massachusetts Products Liability: CPSC Recalls More Pourable Gel Fuels Following Burn Injuries and Two Deaths, Boston Injury Lawyer Blog, September 9, 2011 Continue reading

A jury has awarded the family of Robin Aleo $20.6M in its Essex County, Massachusetts wrongful death verdict against Toys “R” Us. Aleo died after she hit her head on the end of a swimming pool. The injury accident occurred in 2006 when the Banzai Falls in-ground slide she was going down headfirst bottomed out.

The Andover swimming pool accident caused her to break her neck and sustain spinal cord injury that left her a quadriplegic who couldn’t breathe on her own. Aleo later was taken off life support and died at age 29. Her 18-month-old daughter witnessed her mother being rescued while unconscious from the pool.

In their Andover wrongful death lawsuit, the family claimed that Toyquest Banzai slide, which was made in China, hadn’t been tested to see if met federal standards. The slide had been purchased at Toys “R” US, which had imported it.

Lawyers for the toy company had argued that because the Banzai Falls slide was inflatable, Toys “R” Us was not required to test the product to make sure it complied with federal regulations. Per federal safety standards, pool slides must be able to support 350 pounds without giving way or deforming. According to an expert witness for the plaintiffs, not only does the Banzai Falls slide deform under any weight, but as a person’s weight shifts on the slide while going down it, the air becomes displaced and renders the slide unable to support any load.

The $20.6 million products liability verdict included $18 million in punitive damages, $100,000 for Aleo’s pain and suffering before she died, and $2.5 million in lost income. The other defendants in this Massachusetts products liability lawsuit, Amazon.com and SLB Toys USA, have already settled with Aleo’s husband Michael.

Aleo is not the first person to allegedly become paralyzed after riding down a Banzai Falls slide. One man claims he became a paraplegic after going down one. The slide he got hurt on was bought at Walmart. He is suing the retailer and the Chinese manufacturers for his spinal cord injury.

The Consumer Product Safety Commission established minimum standards for swimming pool slides because they have been linked with so many serious injuries, including paraplegia, quadriplegia, leg fractures, and deaths. Examples of common defects involving pool slides include material failures, environmental incompatibilities, and surface material flaws.

$20.6M award in pool slide death, Eagle Tribune, October 15, 2011
Toys ‘R’ Us hit with Mass. lawsuit damages, UPI, October 16, 2011
Safety Standards for Pool Slides, Consumer Watch

Related Web Resources:


Toys ‘R’ Us

Consumer Product Safety Commission

More Blog Posts:
Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011
Massachusetts Products Liability: CPSC Recalls More Pourable Gel Fuels Following Burn Injuries and Two Deaths, Boston Injury Lawyer Blog, September 9, 2011
Boston Wrongful Death Lawsuit Filed in Toddler’s Fatal North Attleboro Crib Accident, Boston Injury Lawyer Blog, January 12, 2011 Continue reading

A jury has awarded 22-year-old Christopher Trejo $48.1 million in his products liability lawsuit against McKesson Corp., McNeil Consumer Healthcare, and Johnson & Johnson. Trejo claimed he developed Stevens-Johnson Syndrome and Toxic Epidermal Necrolosysis as a teenager after taking Motrin for his fever in 2005.

Soon after, skin developed lesions and blisters and he was treated for injuries similar to second-degree burns. His vision and internal organs also became damaged.

In 2008, Trejo filed a dangerous drug lawsuit accusing the defendants of negligence, design negligence, and failure to warn about certain complications. Motrin finally included warnings on its label that rashes, blistering, and reddened skin were possible risks in 2006-a year after Trejo took the pain reliever.

Trejo is not the only one to suffer severe injuries from taking Motrin. Earlier this year, a jury awarded Brianna Maya’s family $10 million in their dangerous drug lawsuit against J & J’s McNeil Consumer Healthcare.

The 13-year-old was just 3 when she took alternating doses of Children’s Tylenol and Children’s Motrin to help quell her fever. Soon after, she developed burns and blisters inside and outside her body, became blind in one eye, and was treated for burn injuries. Doctors determined that her symptoms were a reaction to taking Children’s Motrin.

When rendering its Motrin lawsuit verdict, the jury found that the Johnson & Johnson subsidiary did not properly warn consumers about the possible risk of developing SJS and TEN. In the wake of developing both illnesses, Brianna has had to undergo recurring eye surgeries, suffers from periodic lung and eye infections, and now experience seizures. She also won’t ever be able to experience normal sexual relations or have kids.

It is imperative that drug manufacturers warn of serious health complications that can result from taking any kind of medication, whether over-the-counter or prescription. While the prescription version of Motrin has always included references to TEN and SJS and potentially fatal reactions, the nonprescription version, which is the one that both Trejo and Maya took, did not specifically mention either condition by name.

Man awarded $48 million in Motrin illness case, Contra Costa Times, October 3, 2011
Motrin Lawsuit: Jury Awards Girl $10 Million for Burns and Blindness, ABCNews, June 3, 2011

Related Web Resources:
Motrin

Stevens-Johnson Syndrome , Mayo Clinic

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Boston Personal Injury Lawsuit Blames Prenatal Exposure to DES for Breast Cancer, Boston Injury Lawyer Blog, September 29, 2011
Boston, Massachusetts Accutane Lawsuits Blame Acne Drug for Severe Intestinal Problems, Boston Injury Lawyer Blog, August 2, 2011
Propecia Lawsuits: Plaintiffs Claim Hair Loss Drug May Cause Permanent Impotence, Boston Injury Lawyer Blog, June 6, 2011 Continue reading

The family of Edward P. Harrigan is suing Tobey Hospital and nurse Susan Spaulding for Wareham, Massachusetts medical malpractice and wrongful death. The civil complaint was filed in U.S. District Court in Boston.

The 87-year-old man was treated at the Wareham hospital in 2008. According to the federal lawsuit, even though his electrocardiogram showed a flat line for over two hours because his heart monitor’s battery had run out, no one at the hospital replaced the battery.

Harrigan’s heart then stopped. However, because his monitor had shut down, an alarm didn’t go off so hospital staff did not know he had gone into cardiac arrest. By the time they went back to him, he no longer had a pulse.

Alarm Fatigue
According to the family’s Boston medical malpractice complaint, alarm fatigue is what caused Harrigan’s death. This term refers to people becoming desensitized to monitor alarms. One reason for this is that so many “false alarms” happen at hospitals it can be hard to take each one that goes off seriously.

Unfortunately, alarm-related deaths are not uncommon. According to the Food and Drug Administration, some 566 alarm-related deaths occurred in this country alone between 2005 and 2008.

In August 2010, alarm fatigue” was a factor in the death of a patient at Umass Memorial Medical Center. This is the second alarm fatigue-related death to occur at that Worcester hospital in four years.

Some are asking whether medical device manufacturers are doing enough to make sure that the alarms they design sound off in a manner that nurses and other medical staff can’t help but pay attention. If not, then could a medical device maker be held liable for Massachusetts products liability if the company knew that alarm fatigue could pose a problem and didn’t design its product to combat it?

At Hospitals, Patient Alarms Often Ignored, ABC News, September 23, 2011
‘Alarm fatigue’ a factor in 2d death, Boston.com, September 21, 2011
Tobey, nurse sued in patient’s death, SouthCoast Today, September 23, 2011

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$7M Boston Medical Malpractice Verdict Awarded in Newborn’s Massachusetts Wrongful Death, Boston Injury Lawyer Blog, August 31, 2011
$2.6M Worcester, Massachusetts Medical Malpractice Verdict Awarded to Man Who Ended Up with Surgical Tack Inside His Small Bowel, Boston Injury Lawyer Blog, June 23, 2011
Medication Overdose: Boston Medical Malpractice Lawsuit Claims Massachusetts General Hospital Gave 76-Year-Old Woman the Wrong Blood Thinner, Boston Injury Lawyer Blog, March 10, 2011 Continue reading

With the US Food and Drug Administration classifying the risk involved in using transvaginal mesh to treat pelvic organ prolapse from “moderate” to “high,” the number of defective medical devices lawsuits over injuries caused by surgical mesh is expected to rise. Already, there have been at least 600 transvaginal mesh lawsuits filed against Johnson & Johnson, Boston Scientific, C.R. Bard, American Medical Systems, and other mesh product manufacturers. In Massachusetts, please contact our Boston defective medical device law firm and request your free consultation.

Mesh products used to treat pelvic prolapse are often used to support the organs that have started to fall or keep them from pressing against the vagina or bladder. Vaginal mesh can also be used to treat Stress Urinary Incontinence.

It was just last July that the FDA cautioned that there has been a fivefold increase in women experiencing injuries and pain after having the mesh vaginally inserted during surgery. The federal agency also reported that undergoing a transvaginal mesh procedure placed a patient at higher risk of complications than if she had opted for treatment with another type of surgical procedure. Considering that last year alone approximately 300,000 women underwent pelvic prolapse surgeries with over 70,000 of them using vaginal mesh, the fact that so many more women are now experiencing related complications is disturbing.

Signs you may be experiencing surgical mesh complications:
• Infection • Vaginal scarring • Painful intercourse • Pain • Mesh erosion • Urinary issues • Perforation of the bladder, bowel, or blood vessel • Deformed vaginal tissues • Rectal problems • Pelvic pin • Nerve damage • Prolapsed organs
Many women suffering from these complications may not be aware that their mesh product is the cause of their pain and discomfort. They may even have to undergo more surgical procedures to rectify the problem, which can cause even more pain and place them at risk of further complications.

The Next Medical Device Controversy: Vaginal Mesh, Bloomberg Businessweek, September 15, 2011
FDA Panel Calls for Tougher Approvals for Vaginal Mesh, Medscape News, September 9, 2011
Related Web Resources:
Food and Drug Administration

Pelvic Organ Prolapse, Mayo Clinic

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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
Boston Products Liability Lawsuits Filed Over DePuy ASR Hip Devices, Boston Injury Lawyer Blog, January 4, 2011 Continue reading

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