Articles Posted in Defective Products

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BMW has announced that it will be recalling 622,000 SUVs worldwide due to potential problems with the child seat anchors in the vehicles.  According to the report, these anchors may become damaged over time and therefore do not secure the seat properly.  The models included in the recall are certain X3 SUV models including the xDrive 28i, xDrive28i, and xDrive35i model years 2011 through 2017, as well as X4 SUV models including the xDrive 28d, xDrive28i, xDrive35i, and xDriveM40i model years 2015 through 2017.  There are about 189,000 vehicles being recalled in the U.S. alone.  Documents posted on Tuesday June 14 by the U.S. National Highway Traffic Safety Administration explained that anchor bars for child seats in the SUVs could become damaged when people use European-style child seats.  Therefore, most owners of the affected models in the U.S. do not experience issues because typically they use child seats with flexible Latch connectors, which do not cause the problem.

BMW originally discovered the problem with anchor bars in March when a customer in Europe reported a damaged anchor.  The report stated that an unoccupied child seat moved sideways when the 2011 BMW X3 vehicle made a turn.  The owner discovered that this was due to damage on one of the lower anchor bars.  Two more similar reports were also presented to BMW, both from Europe.  Upon investigation, more anchor bar claims were discovered, where one instance included the anchor bar completely breaking.  In its recall summary, the National Highway Traffic Safety Administration stated, “The affected vehicles have lower anchor bars for securing child-restraint seats that may become damaged when using the European-Isofix-type rigid-style connector child-restraint system.”  NHTSA also noted that these damaged anchor bars could increase a child’s risk of injury during a crash.  BMW said that it is not aware of any injuries or fatalities related to problems included in the recall.  To solve the problem, dealers will fuse a reinforcing bracket to the lower anchor bars at no charge to owners.  This recall is expected to start July 12, 2016 Continue reading

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Several automakers are recalling millions of vehicles in the U.S. with a specific type of frontal airbag inflators manufactured by Takata Corporation, an automotive parts company based in Japan.  Included in the list of manufacturers are General Motors, Volkswagen, Ford, Daimler Vans, BMW, Jaguar-Land Rover, and Mercedes-Benz whose recalls were posted on Thursday by the government.  Additionally, there are eight other companies that also have vehicle recalls.  General Motors had the largest number of recalls with 1.9 million consisting of mostly of pickup trucks and large SUVs.  These recent recalls add to the initial massive recall of Takata products announced in April 2013.

Currently, there are seventeen automakers recalling 35 to 40 million airbag inflators in the largest auto recall in U.S. history.  Initially, Takata blamed the malfunction on workers mishandling and improperly storing propellant chemicals, which caused the inflators to explode due to extreme pressure.  However, it was later found that the typical malfunction that occurs with the Takata inflators is related to high temperatures and humidity.  Repeated cycles of high temperatures and low temperatures can deteriorate the can containing ammonium nitrate, which is responsible for inflating the airbags.  This corrosion then can blow apart the metal can and eject hot metal shrapnel into the vehicles.  Although this seems to be the main issue with the inflators, Takata also attributes some malfunctions to rust, bad welds, and stray chewing gum dropped into at least one inflator.  These malfunctions have caused at least 11 deaths and more than 100 injuries in total.  The series of recalls were initially agreed upon in early May by Takata; however, they are being announced in several phases due to a deficiency of replacement parts.  The recalls include models made from the early 2000s up to the newest models.  Across all models, automakers had recalled 28.8 million Takata inflators before its most current recall expansion.  This means that as many as 69 million vehicles could be recalled in the United States alone.  There are also reports that Takata knew about problems with its air bag inflator since 2004.  Continue reading

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Warming blankets used on patients during certain knee and hip surgeries have been linked to serious, potentially life-threatening injuries. The 3M Bair Hugger warming system helps to regulate a patient’s body temperature while under anesthesia. Unfortunately, many patients have developed deep joint infections after using these warming systems. As a result, some patients have required additional surgeries, including removal of hip and knee replacements, and others have become permanently disabled. Contact a Boston Injury Lawyer Today.

Since its approval by the FDA in 1998, the forced air warming blanket manufactured by Arizant Healthcare, Inc., has been used during millions of knee and hip replacements. Vents allow heated air to circulate around the patient, including in the area beneath the operating table. This warmed air helps to reduce bleeding from incisions and may result in faster recovery periods. However, recent findings show that the warming system may also spread bacteria, leading to infections and other serious complications.

Warm Air May Transfer Germs and Bacteria to Surgical Incisions

The Bone & Joint Journal conducted a study of the warming blanket system in 2013. Their research revealed that the blanket could recirculate contaminants it comes in contact with, including MRSA and sepsis. Germs and non-sterile air under the operating table can be transferred to the sterile surgical site through convection currents created by the warmed air. In August 2013, an article was published in Anesthesia & Analgesia warning patients about the risks associated with the 3M Bair Hugger system and other similar warming blankets. When bacteria and germs are blown into surgical incisions, the risk of infection increases substantially. Possible complications associated with this risk include:

  • Additional surgeries
  • Removal of hip or knee devices
  • Amputation of affected limb(s)
  • Death

Many of the lawsuits against 3M and its manufacturer Arizant Healthcare, Inc. allege that the device was not adequately tested prior to its release. Follow-up testing may have also been insufficient. Even the device’s inventor, Dr. Scott Augustine, has expressed his concerns about the device’s safety.  Had proper testing been conducted, multiple patients may have been spared unnecessary pain, additional surgeries, and debilitating injuries. One patient in particular required five additional surgeries following the initial surgical procedure using a warming blanket.

Symptoms of Complications from Warming Blanket

If you develop any of the following symptoms after a surgical procedure using a warming blanket system, contact your physician immediately:

  • Excessive pain
  • Redness around surgical incision
  • Warmth around incision
  • Drainage from incision
  • Joint swelling
  • Fever

Any of the above symptoms may indicate a serious complication. Although surgeries typically come with minor pain and discomfort, pain that feels excessively intense should be reported to your health care provider without delay. An untreated infection can lead to additional surgeries, amputation, and can even be fatal. Continue reading

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Approximately 23 million Takata airbag inflators have been recalled in the US due to the potential for them to explode, sending metal debris flying. A young man has recently become the eighth person in the US, and ninth worldwide, to die from an explosive rupture when he was involved in a crash near Pittsburgh earlier this month. In addition to fatalities, the faulty inflators have also resulted in numerous injuries. These injuries and deaths typically involve low-speed crashes that would have likely been survivable. Contact a Boston Injury Lawyer Today.

According to the National Highway Traffic Safety Administration (NHTSA), the number of recalled vehicles with Takata airbags is increasing. Although it was already the largest and most complicated recall in the NHTSA’s history, new findings may result in hundreds of thousands of additional recalls.

Unsealed Documents Reveal Cover-Up

The potential for Takata inflators to explode was first brought to the manufacturer’s attention five years ago. Following the most recent death, previously sealed documents were opened as part of a new lawsuit against Takata. Within these documents were meeting minutes taken at Honda’s American headquarters, in 2009. The man who oversaw Honda’s manufacturing operations at that time, Hidenobu Iwata, was noted as questioning Shigehisa Takada, the president of Takata, on the severity and extent of the explosive defect. Mr. Iwata was quoted as saying, “I am constantly worrying how far it spreads out. I want you to study the reason quickly.” Also included in the minutes was further questioning by an engineer identified as Otaka. “Why does the propellant deteriorate with age? Why does it explode? I want to know the truth.”

Prompting the 2009 meeting was the death of 18-year-old Ashley Parham. The Oklahoma resident bled to death when her airbag ruptured in a crash, propelling a piece of metal debris into an artery in her neck. Following Parham’s death, approximately 4,000 vehicles were recalled. After the meeting between Honda and Takata, Honda recalled an additional 440,000 vehicles. However, both companies maintained that the defect was due to an isolated manufacturing problem. Takata declined to comment on the recently unsealed documents.

Recall Involves Hondas, Mazdas, and Subarus

The expanded recall will involve several hundred thousand Hondas, Mazdas, and Subarus. During the recall, the airbag inflators, which contain a propellant called ammonium nitrate, will be replaced. The safety of that propellant, generally reserved for large-scale uses such as mining, has been questioned by explosives experts. Unless it can be proven that ammonium nitrate is safe, all airbag inflators with the compound will be recalled. Currently, that number is in the tens of millions. Takata has received a $70 million fine from the NHTSA for failure to properly disclose the defect. However, that fine may rise by more than $100 million if it is determined that Takata did not adhere to the consent order terms. Continue reading

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Consumer watchdog World Against Toys Causing Harm has released its report for the most dangerous toys of 2015, and holiday shoppers should take note. WATCH estimates that 46% of people will buy their holiday gifts (including toys) online and must be vigilant about how safe—or unsafe—they are. Among those on the blacklist: Dinosaur claws inspired by the movie “Jurassic World,” a quick-folding trampoline and a foam dart gun.

The Massachusetts-based non-profit says the toys singled out as the 10 most dangerous for Christmas this year represent common problems and aren’t the only potentially dangerous products on the market.

A majority of the toys on this year’s list can be found at major retailers such as Toys R Us, Wal-Mart and Kmart. They also can be bought from online sites such as Amazon.com and eBay.com.

WATCH’s list of the 10 worst toys for 2015 include:

  • “Bud” Skipit’s Wheely Cute Pull Along. Potential for choking injuries; made by Bunnies By The Bay; $29.99
  • Foam dart gun. Realistic toy weapon; made by GD.Jiefeng Toys; $13.99.
  • Stats’ 38″ quick-folding trampoline. Potential for head, neck and other injuries; by Toys R Us, Inc.; $49.99.
  • Poo-Dough. Potential for allergy-related injuries (warning label says it contains wheat); by Skyrocket Toys; $4.99.
  • Splat X Smack Shot. Potential for eye injuries; by Imperial Toy; $10.
  • Kick Flipper. Potential for head and other bodily injuries; by Playsmart; $19.99.
  • Leonardo’s Electronic Stealth Sword. Potential for blunt force injuries; by Playmates International Company; $24.99.
  • Kid Connection doctor play set. Potential for ingestion and choking injuries; by Wal-Mart Stores Inc.; $4.97.
  • Pull Along Zebra: Potential for strangulation and entanglement injuries; by Early Learning Centre; $20.99.
  • Jurassic World velociraptor claws. Potential for eye and facial injuries; by Hasbro; $19.99.
    (Info. provided by WATCH)

    According to WATCH, buyers should avoid these common safety traps:

  • Limited product information online: Consumers buying toys on the Internet are already at a disadvantage as they are unable to touch and physically inspect a toy and its packaging at the time of sale for more obvious hazards. As a result, once the toy is obtained, parents should thoroughly inspect the toy and it’s packaging prior to putting it into the hands of a child. Caregivers should not be lulled into a false sense of security that a toy is safe because of a familiar brand name on a package.
  • Inconsistent Warnings and Age Recommendations: Some toys available for purchase online may have retailer warnings and age recommendations that are inconsistent with those supplied by manufacturers.  In some cases, the warnings may be omitted from the Internet description completely. Such omissions and inconsistencies regarding important safety information can lead to misinformed, and potentially dangerous, consumer purchases.
  • Recycled Toys- Internet Buyers Beware: As toy themes popular in the 70’s and 80’s are reappearing, such as “Star Wars” and “Jurassic park” inspired figurines, toys manufactured in past decades are in greater demand today. The Internet, an ever-growing frontier of “second-hand” toy buying opportunities, is largely devoid of regulations, safety protocols, and checks and balances. Consumer-to-consumer sales on e-commerce sites such as Craig’s list and eBay are often inconsistently monitored, if monitored at all. Parents need to inspect these toy purchases for dangerous hazards and stay away from any toys that may have been recalled, caused injuries, or are defective.

Continue reading

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Hip replacements are one of the most common surgeries in the United States. Degenerative conditions and injuries can result in debilitating pain. Fortunately for thousands of patients, hip replacement surgery provides welcome relief and the ability to resume normal activity. As with all medical technology, the hip replacement industry has evolved over the years in an effort to provide increasingly effective products. In doing so, manufacturers began moving away from plastic and ceramic replacements in favor of all-metal designs, which they claimed were more flexible and durable. Unfortunately, the metal devices have been linked to incapacitating injuries, and the industry is facing lawsuits in the tens of thousands. Contact a Boston Injury Lawyer.

First Jury Award Over $8.3 Million

The first manufacturer to pull out of the all-metal business is the DePuy division of Johnson & Johnson. However, they are not likely to be the last. According to the New York Times, all other manufacturers are expected to follow as the early failure rates are staggeringly high. Johnson & Johnson alone is facing at least 13,300 lawsuits. In addition, recent awards to victims of the metal replacements have been high, with the first jury award being in excess of $8.3 million. This case was quickly decided in favor of the victim and will likely set the bar for future lawsuits. Although an industry exit is good news for future hip replacement patients, it does little to help the thousands of people already implanted with the metal design.

Is the FDA’s Antiquated Approval Process to Blame?

The FDA’s approval process for metal hip replacements may be partially to blame for the early failure rate and injuries. Hip replacements are not considered ‘essential medical devices’ and are therefore subject to a markedly less stringent approval process. Essential devices, such as artificial hearts for example, require significant tests including human testing. Metal hip replacements went to market without a single human test. Continue reading

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In one of the biggest fraud scandals in motor vehicle manufacturer history, Volkswagen has admitted to rigging 11 million vehicles with a software designed to cheat emissions tests. Millions of consumers have purchased the rigged cars, billed as eco-friendly, thinking they were doing something good for the environment and public health. However, the opposite is true. In fact, the “clean diesels” produce nearly 40 times the legal limit.

The German auto manufacturer got away with emissions fraud for seven years before the Environmental Protection Agency (EPA) uncovered what was going on. After an environmental group tipped off researchers at West Virginia University, the researchers ran tests on various VW models and learned that emissions from two of the diesel models were significantly higher than allowed. In May of 2014, the researchers reported their discovery to the EPA, but VW put the blame on technical issues. However, on September 18 of this year, the EPA announced that VW had, in fact, violated clean air rules by purposely cheating emissions tests. Last week, the EPA notified car manufacturers that it will begin additional testing of diesel vehicles under ‘real world’ conditions, rather than just in a lab.

Consumers Sue For Compensatory and Punitive Damages

Consumers are furious, and rightfully so. Volkswagen stock has dropped 30% since last week alone, and millions of environmentally-conscious people are driving around major polluters that are worth thousands less today than they were last week. Continue reading

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The car company giant General Motors have agreed to pay a $900 million fine in an effort to settle criminal charges placed against them following the announcement of defective ignition switches that have led to 124 reported deaths of GM customers. The Justice Department disclosed details of the GM settlement on Thursday.  GM has since begun a recall of the vehicles in possession of the deadly ignition switch after they found that the switch could shut off while the car was being driven. If this were to happen, the airbags would become disabled and the driver would not have access to power safety steering or to their brakes. Reports have indicated that GM knew about the defect some 10 years prior to issuing the recall which has caused uproar from victims of the faulty ignition switch.

General Motors delaying their findings is the basis for the criminal charges being brought against them by various victims. The company and their CEO have acknowledged their fatal mistake and are willing to pay the price necessary to reach a settlement with the victims and their family members. Mary Barra, GM CEO, addressed her company and told them the blunt truth of the situation: “People were hurt and died in our cars.” Barra went on to say that the company is sincere in their apologies and are working toward making “substantial” changes to their vehicles.

Individual executives for General Motors are not being specifically charged with any criminal matters. Attorney Preet Bharara indicated that laws restrict the ability to prosecute individuals in connection to an event of this nature. Bharara went on to say that the company was officially charged with failing to report information about a possible defect. Attorney Bharara went on to say that due to the nature of this crime it would be difficult to pinpoint exact individuals who may have had access to this information 10 years ago. He also stated that he met with family members of victims who lost their lives due to the defect and that he sympathizes with their disappointment toward not having individuals being held specifically accountable. “We apply the laws as we find them, not the laws as we wish them to be.” Continue reading

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The 2015 Foreign Manufacturers Legal Accountability Act (FMLAA), proposed in the Senate this past July, is a bipartisan plea to hold foreign manufacturers responsible for any injuries or fatalities directly caused by their product in the United States. Unfortunately, legal loopholes exist that occasionally allow foreign companies to escape accountability for harmful, defective products. The U.S. Consumer Product Safety Commission reports that plaintiffs can often get around these loopholes by settling with domestic partners of foreign companies, such as importers and retailers. However, this is not always possible. One of the most infamous catalysts for the proposed bill is the Chinese drywall recall that occurred in 2005 and 2006. The defective drywall resulted in billions of dollars in medical and financial damages,

What Exactly Is the Foreign Manufacturers Legal Accountability Act (FMLAA)?

If passed, the FMLAA would ultimately control the regulation of product safety for all imported consumer goods, as well as ensure the legal involvement of a foreign manufacturer in a defective product lawsuit. The following factors apply:

  • The FMLAA requires that all foreign corporations pursuing business in the U.S provide a legal agent to represent that corporation in the event of a U.S. civil suit or regulatory claim. This would place all legal matters under U.S. jurisdiction.
  • Legislation would pertain to products including pharmaceuticals, cosmetics, devices, biological products, consumer products, chemical substances, and motor vehicles and vehicle parts. All of these products would be regulated by the Consumer Product Safety Commission, Environmental Protection Agency, and Food and Drug Administration.
  • If a foreign company chooses not to comply, the act would ban their products in the United States.

Continue reading

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One of the most common causes of product liability claims in the United States is defective children’s products. Any type of children’s product can be defective, including toys, bedding, car seats, and food. In 2013, approximately 74,900 children under the age of five were taken to the emergency room as a result of nursery related injuries. Of these injuries, 66% were associated with high chairs, cribs, mattresses, strollers, infant carriers, or car seats. When a product is considered defective, it is generally classified into one of three defective product categories – poor design, faulty construction, or improper labeling.

The Consumer Product Safety Commission

Founded in 1972 by Congress, the Consumer Product Safety Commission (CPSC) serves to “protect the public against unreasonable risks of injuries and deaths associated with consumer products.” The agency regulates safety guidelines, recalls unsafe products, conducts research, and works toward decreasing the chance of injuries and fatalities to consumers. CPSC is a helpful resource for parents of injured children who believe a defective product is responsible for their child’s injury.

Defective Strollers

Car seats and strollers are two of the most commonly recalled children’s products. The most common injuries caused by defective car seats and strollers are generally due to:

  • Faulty stroller brakes causing uncontrollable and unexpected rolling
  • Unsafe center of gravity causing stroller rollovers
  • Faulty locking mechanisms causing strollers to fold while children are still inside
  • Inadequate restraints on strollers and car seats causing children to fall out

In late 2014, 11 models of strollers were voluntarily recalled by manufacturing giant, Graco, because of severe finger injuries, including amputation. Retailers such as Target, Walmart, Amazon, and Toys R Us had been selling these products since 2000. Continue reading

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