Articles Posted in Defective Products

Is the playground where your child goes to play safe? Surprisingly, about 15 kids a year die in playground accidents, which is why it is so important that these play areas are properly maintained. It doesn’t matter whether the playground is a public area or in a school, a mall, or inside a local McDonald’s. Playground owners must make sure that equipment and rides are safe to sue and that there are no hazardous conditions that could cause serious child injuries or deaths.

If your child got hurt while playing at a playground, you may want to speak with a Boston injury lawyer to find out whether you have a case. Common playground hazards:

• Inadequate supervision • A poorly designed playground area • Blacktop, asphalt, concrete, soil, packed earth, soil, or grass surfaces

The U.S. Consumer Product Safety Commission and nine companies are recalling another 2 million units of pourable fuel gel. This latest recall comes after numerous reports of burn injuries and two deaths related to the use of these products. If you or someone you love has sustained Massachusetts burn injuries from a pourable fuel gel or because of any other product, you may have reason for filing a Boston products liability lawsuit.

The fuel gel can burst into flames if poured into a still burning fire pot. The CPSC says some 65 incidents have been reported, including 34 victims that sustained third and second degree burns to the hands, face, arms, chest, and legs. Some have compared the fuel gel to napalm that would explode into flames and refuse to stop burning even after the victim was covered in a blanket or rolled on the ground. Manufacturers and distributors involved in this latest recall are Bond Manufacturing, Fuel Barons Inc., Luminosities Inc., Real Flame, Bird Brain Inc., Sunjel Company, Lamplight Farms Inc., Pacific Décor Ltd., and Smart Solar Inc.

It was just in June that the CPS and Napa Home & Garden recalled about 460,000 pourable fuel gel bottles-many of the injuries and the two deaths involved this brand. Not long after, Napa Home & Garden filed for bankruptcy.

Among those recently injured by pourable fuel gel:
• A 14-year-old boy whose injuries were so severe that he went into a coma.
• A 24-year-old man who is facing even more medical procedures, after already undergoing half a dozen surgeries, for burns he sustained when the fuel gel exploded on him. One of his friends was also hurt during the burn accident.

The families of two victims, and 8-year-old boy and a 3-year-old girls, have filed their respective products liability lawsuits against one of the manufacturers. Other victims have also failed their personal injury complaints.

Manufacturer Recalls Pourable Fuel Gel After Injuries in Firepot Accidents, The New York Times, June 22, 2011
Napa Home & Garden Recalls NAPAfire and FIREGEL Pourable Gel Fuel Due to Fire and Burn Hazards, CPSC, June 22, 2011

Related Web Resources:

Products Liability, Cornell University Law School
Burns, Medline

More Blog Posts:
Avoid Massachusetts Fireworks Accidents this 4th of July, Boston Injury Lawyer Blog, June 29, 2011
Prevent Thanksgiving Turkey Fryer Injuries, Boston Injury Lawyer Blog, November 24, 2010
Mother Considers Suing Massachusetts Water Park for Children’s Chemical Burn Injuries, Boston Injury Lawyer Blog, March 10, 2008 Continue reading

Last month, our Boston injury lawyers posted a blog notifying our readers that the Food and Drug Administration had put out a public notice warning that mesh products can cause serious injuries to women when surgically implanted in their vaginas. This medical device is used in procedures for treating Stress Urinary Incontinence (SUI) and Pelvic Organ Prolapse (POP). While the FDA had put out an advisory in 2008 warning that complications could arise, now the federal agency is saying that serious side effects from transvaginal mesh procedures actually aren’t rare. In fact, the federal agency is questioning whether these medical devices are actually safe. Last week, consumer advocacy group Public Citizen called on the FDA to recall all transvaginal mesh products.

So far, no recall has been issued. However, the FDA is now considering reclassifying mesh products used for treating pelvic prolapse to the category of Class III medical devices, which means that their manufacturers would not be able to fast track them through the 510(k) premarket approval program. Instead, transvaginal mesh products would have to undergo tougher testing first. Companies that make transvaginal mesh products include American Medical Systems, Sofradim, Boston Scientific, Mentor, Caldera, Johnson & Johnson, CR Bard, Inc., Gynecare, and Ethicon.

In addition to concern over complications from pelvic prolapse, including organ perforations, problems with sexual intercourse, bleeding, pain, recurring incidents of POP, and post-surgery complications, the FDA is now saying it is not sure that undergoing a transvaginal mesh procedure to repair POP offers added benefits than more traditional procedures to repair POP. Also, in the event that a patient suffers complications requiring that the mesh product be removed, this may require multiple surgeries and the process can be extremely painful and debilitating.

Plaintiffs blaming Accutane for severe intestinal issues are continuing to submit their dangerous drug lawsuits to the courts. Our Boston products liability lawyers represent Massachusetts clients who have suffered serious health complications from taking pharmaceutical products. If you or someone you love has developed Crohn’s disease, inflammatory bowel disorder, Stevens-Johnson syndrome, ulcerative colitis, hair loss, depression, and suicidal tendencies you may have reason for filing a Massachusetts dangerous drug complaint against Roche and generic makers of this medication, which is often used to treat acne. Accutane is no longer sold in the United States.

In New Jersey state court alone-where all of the actions pending in the state were consolidated into one mass action-a least 5,169 Accutane injury lawsuits have been filed as of last month. That’s almost two thousands new complaints since early May. All of the dangerous drug cases accuse LaRoche and generic drug manufacturers of not doing enough research on the medication and failing to warn about the risk of serious side effects. Seven of the first nine cases have been decided in favor of the plaintiffs. To date, Roche has been ordered to pay over $55 million.

One of the largest Accutane injury damages awarded to a plaintiff so far is $25 million. Andrew McCarrell started taking Accutane isotretinoin in June 1995 when he was a college football player. He stopped taking the medication after about four months. The next summer, he developed inflammatory bowel disease and then later Corhn’s disease. In December 1996 he had to have his rectum and colon. McCarrell has undergone several surgeries because of his IBD. A jury initially awarded him $2.62 million in 2007. Hoffman-LaRoche appealed the verdict and the case was remanded to back to trial. This time, the court awarded McCarrell $25.16 million.

Unfortunately, every year there are patients who suffer serious injuries and side effects from taking a medication. Sometimes the drug manufacturer wasn’t aware that the drug wasn’t safe for use or posed such serious risks. In another instances, pharmaceutical companies may have known about the risks but chosen to conceal

Accutane, New Jersey Courts
Roche

Accutane (Isotretinoin), National Center for Biotechnology Information

More Blog Posts:

Study Reports that Epilepsy Drugs May Up Pregnancy Risks, Boston Injury Lawyer Blog, June 15, 2011
Propecia Lawsuits: Plaintiffs Claim Hair Loss Drug May Cause Permanent Impotence, Boston Injury Lawyer Blog, June 6, 2011
Massachusetts Dangerous Drug?: FDA Pulls Avandia Because of Cardiovascular Risks, Boston Injury Lawyer Blog, May 23, 2011 Continue reading

The Food and Drug Administration has issued an urgent public notice warning health care providers and patients against using transvaginal mesh. This medical device is surgically implanted in women suffering from Stress Urinary Incontinence (SUI) and Pelvic Organ Prolapse (POP). Now, however, following reports of 3 deaths and 3800 injuries linked to the surgical mesh in the last five years, the FDA is encouraging the use of other treatments and alternatives.

Our Boston injury lawyers represent victims with Massachusetts defective medical device claims against manufacturers whose products proved defective or dangerous enough to cause serious injury or death. Patients rely on medical devices to do their job, whether it is support sagging organs, keep one’s heart rate at the right pace, or relieve obstructions in the body. When a device fails, serious health complications and even death can result.

Transvaginal Mesh
Last year, about 75,000 women were implanted with the vaginal mesh to repair their POP. However, according to recent studies, approximately 10% of woman inserted with transvaginal mesh experience the device’s erosion within a year of the surgery. More than 50% of women who experience this complication had to undergo another surgery to take the mesh out. In rare occurrences, the mesh has gotten so enmeshed with scar tissue that it couldn’t be taken out. Other possible side effects may include discomfort, painful sexual intercourse, urinary problems, and bleeding.

The FDA will be putting a team together to determine whether the mesh should be banned.

In a recent out of state vaginal mesh lawsuit, one woman is suing American Medical Systems and other manufacturers for products liability. Laura Jones says not only did she experience serious pain and urinary issues after the vaginal sling was inserted in her, but she had to undergo several surgeries before the mesh could be removed. She is alleging breach of warranty, strict liability, fraud, and negligence.

FDA Safety Communication: UPDATE on Serious Complications Associated with Transvaginal Placement of Surgical Mesh for Pelvic Organ Prolapse, US Food and Drug Administration, July 13, 2011
FDA warns against surgical mesh to repair pelvic problems, Boston.com, July 13, 2011

More Blog Posts:

Boston Products Liability: Defective Zimmer NexGen CR-Flex Knee Replacement Devices Can Cause Painful Injuries, Boston Injury Lawyer Blog, June 9, 2011
Boston Products Liability Lawsuits Filed Over DePuy ASR Hip Devices, Boston Injury Lawyer, January 4, 2011
Boston Medical Malpractice?: CT Brain Perfusion Scans Can Cause Radiation Overdose, Boston Injury Lawyer, July 31 2010 Continue reading

With Independence Day just a few days away, our Boston injury lawyers would like to remind you to be careful if you happen to find yourself around or near fireworks. These manufactured explosives can be very dangerous and may cause serious injuries.

The US Consumer Products Safety Commission reports that thousands of people are injured in fireworks accidents each year. That said, it is illegal for anyone but licensed professionals to use fireworks in Massachusetts. If you are at someone’s home or at a private exhibit and you are injured in a Massachusetts fireworks accident, do not hesitate to contact our Boston personal injury law firm immediately.

Contrary to popular belief, even smaller fireworks, such as sparklers can cause injuries. Serious fireworks-related injuries may include:

Chrysler Group LLC says it is recalling 11,351 motor vehicles because of a manufacturing issue that could result in a vehicle’s steering to fail. The automaker says it doesn’t know of any injuries or crashes that have occurred as a result of the problem. However, 11 of the 20 Chrysler models for sale this year have been impacted by the recall.

According to the National Highway Traffic Safety Administration, an improperly installed or missing rivet could cause loss of steering, which may increase the chance of a traffic crash happening. If this were to occur and serious injury were to result, the victims and his/her family should speak with an experienced Boston injury lawyer.

The recalled vehicles are all 2011 models and include Chrysler’s Dodge Avenger, Chrysler 200, Town and Country, Dodge Caravan, Dodge Caliber, Dodge Nitro, Dodge Journey, Jeep Compass, Patriot, Liberty, and Wrangler. Auto dealers now must check that the rivet has not gone missing and is correctly installed.

According to a study published in BJOG: An International Journal of Obstetrics & Gynaecology, women taking drugs to treat their epilepsy are at greater risk of suffering form pregnancy complications than women who are not taking anti-seizure medications. The researchers, who are from the University of Bergen, also say that women taking this type of medication are at higher risk of developing pre-eclampsia (this can prove deadly to both mother and child), postpartum hemorrhage, vaginal building, and birth complications requiring cesarean or vaginal operative delivery.

The study examined over 400 woman who had babies in Bergen between 1999 and 2006. Half the women in the study had epilepsy. While 8% of the women taking antiseizure medications had pre-eclampsia while they were pregnant, only 3% of those who hadn’t taken the drug suffered from the same condition. Also, researchers say that women taking antiseizure meds were twice as likely to have to undergo emergency C-section and induced labor and 6 ½ times more likely to deliver a baby with birth defects. Our Boston injury lawyers would like to remind you that if you or someone you love was injured or suffered health complications or developed birth defects from taking any type of medication, you may have grounds for a Massachusetts products liability lawsuit.

It was just in 2006 that the Food and Drug Administration added a “black box” warning notifying user that Depakote, which is used to treat epilepsy, upped the likelihood of birth defects. A study showed that 20% of moms who had been taking the drugs while pregnant had babies with birth defects or malformations, such as cleft palate, spina bifida, malformed limbs, abnormal skull development, urinary tract problems, and holes in the heart. Similar side effects have been linked to the epilepsy drugs Tegretol, Epitol, and Equetrol. Earlier this year, the FDA added new warnings about the epilepsy drug Topamax to let people know that the medication increased the chances that infants exposed to it during the first trimester of pregnancy might be born with oral clefts.

BJOG: An International Journal of Obstetrics & Gynaecology


More Blog Posts:

Massachusetts Dangerous Drug?: FDA Pulls Avandia Because of Cardiovascular Risks, Boston Injury Lawyer Blog, May 23, 2011
Boston Personal Injury?: Use of Psychotropic Drugs Can Prove Fatal for Some Elderly Patients, Boston Injury Lawyer Blog, March 30, 2011
Massachusetts Dangerous Drug?: Women Affected by Yaz Birth Control May Have Grounds for Lawsuit, Boston Injury Lawyer Blog, March 26, 2011 Continue reading

According to Boston.com, Service Employees International Union is questioning the decision to terminate the employment of the two inspectors accused of not properly checking the escalator that 4-year-old Mark DiBona plunged to his death from at the Auburn Mall last March. In a recent blog post, our Boston injury lawyers reported on the fact that DiBona’s parents have filed a Massachusetts wrongful death lawsuit against Sears Roebuck and Co. and several other parties.

The Dudley boy fell through a 6-inch gap on the escalator even though Massachusetts building codes don’t allow for openings larger than 4-inches. The two inspectors who had inspected the escalator prior to that were suspended after Public Safety Commissioner Thomas Gatzunis found that they failed to mandate that escalator owners make sure that there are safety barriers over any wide gaps found next to the sides of different public escalators. Steps have since been taken to have them fired.

However, a legal representative for Service Employees International Union is arguing that inspectors have never cited escalator owners before for violating this portion of the code and that many inspectors were not even aware that the state doesn’t allow such wide gaps next to the escalators. He said that this lack of training of escalator inspectors is an institutional problem, which is an implication that the adequate information possessed by inspectors is not necessarily their fault.

Our Boston injury lawyers represent clients in Massachusetts injured because they were implanted with defective medical devices. If you believe that you or someone you loved was injured because of a defective NexGen CR-Flex Zimmer-brand knee implant, do not hesitate to contact us right away.

The Zimmer knee replacement device is a Femoral implant. Unlike other traditional implants, cement is not used to attach this synthetic device to the femur.

It was just last year at an American Academy of Orthopedic Surgeons conference that doctors offered data that the Zimmer knee implants may have a failure rate that is too high for a knee replacement device. The study conducted found that out of 108 knee replacement surgeries involving a Zimmer NexGen CR-Flex knee replacement device, nine of the patients needed correction surgery. Also, 39 of the patients experienced radiographic-loosening knee implants. The doctors involved in the research believe that the reason this happened was because the Zimmer knee implants may have design defects.

Signs that your Zimmer NexGen CR-Flex Knee Replacement may have become loose:
• Unexplained knee stiffness following your surgery for knee replacement • Knee pain • Swelling • Problems walking • Limited range of motion in the knee joint • Limping • Difficulties placing weight on the knee
Patients with a defective NexGen CR-Flex Zimmer-brand knee implant may have to undergo knee replacement revision surgery. This can be a painful and costly procedure and will require recovery time.

Related Web Resources:

Zimmer NexGen CR-Flex Knee Replacement, Zimmer
Arthritis: Knee Replacement Surgery, WebMD

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
Restoring to Injured Patients the Right to Sue Medical Device Makers, Boston Injury Lawyer Blog, February 26, 2009 Continue reading

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