Defective Products

Blair Robe Recall and Lawsuit

2009-06-15T08:04:00.000-07:00

A Blair robe recall has been reissued because Blair LLC, of Warren, Pennsylvania has received reports of six deaths due to the robes catching on fire. Contact our lawyers about a Blair robe lawsuit.

Attorney David Szerlag is a former fire fighter and highly-experienced litigator. He has been involved in many complex fire and burn cases. If you would like to contact David, call 1-888-377-8900 (toll free) or submit our free consultation form. Ask for attorney David Szerlag.

Five of the six victims were female, and all five were cooking at the time of the incidents. Three of the victims were in their 80s. There has also been at least one case where a person sustained second degree burns when their Blair robe started on fire.

The Blair robe recall involves the chenille robes described below. Do not use one of these robes:

The Women’s Chenille Robes have the following item numbers: 3093111, 3093112, 3093113, 3093114, 3093115, and 3093116. The item number is identified on a label in the garment’s neckline. The robe is a one-piece garment made of plush sculpted chenille, a shaped stand collar, and horizontal chenille front and back yolks and cuffs. The robe has a full-button front with seven matching button closures, long sleeves with self cuffs, a straight bottom with self hem, and two sideseam pockets. The robe’s sewn in label states: “100% Cotton, RN 81700, Made in Pakistan”.

CONTACT PRITZKER OLSEN ATTORNEYS ABOUT FIRE VICTIM COMPENSATION >>

Wolfgang Puck Toaster Oven Recall: Fire and Injury Risk

2009-06-15T07:18:00.000-07:00

Wolfgang Puck toaster oven/toasters have been recalled by the manufacturer, Kingpower Electrical Appliances of China, and the importer, Frontgate of West Chester, Ohio, due to possible fire and resulting injuries or death.

The Wolfgang Puck toaster oven recall involves about 1,500 toaster oven/toasters that can remain “on” after the toast pops up, posing a fire and injury risk. There have been three reports of the toaster remaining on after the toast popped up. No injuries have been reported. This does not mean that there have not been injuries because often injuries are not reported.

If you have been injured by the recalled Wolfgang Puck toaster oven or if a loved one has died in a fire caused by the Wolfgang Puck toaster, contact Pritzker Olsen Attorneys regarding a Wolfgang Puck toaster oven lawsuit: 1-888-377-8900 (toll free) or submit our free consultation form.

Many people ask us if they should return products that caused injury or death for a refund. DO NOT RETURN OR REPAIR A WOLFGANG PUCK TOASTER OVEN THAT HAS CAUSED A FIRE THAT RESULTED IN INJURY OR DEATH. The toaster oven is valuable evidence in a burn lawsuit.

The recalledWolfgang Puck toaster ovens are described as follows:

Wolfgang Puck Toaster Ovens/ Toasters with the model number WPTOT010 and date code 3608 or 3908 on an Underwriters Laboratories (UL) label, which is affixed to the back of the unit. The black and silver toasters have “Wolfgang Puck” stamped on the lower front right corner. They feature a silver handle on the oven door, three black knobs for controlling cooking, and a black push-down lever for toasting. Two slots for toasting bread and similar products are located on the top of the toaster. Toasters with model number BTOT0010 or WPTOT010 and date codes 0207, 0407, 0607, 0807, 4508, or 0309 are not included in this recall.

The recalled Wolfgang Puck toaster ovens were sold in Frontgate catalogs nationwide from November 2008 through March 2009 for about $100.

CONTACT PRITZKER OLSEN ATTORNEYS ABOUT FIRE VICTIM COMPENSATION >>

Read about burn pain and suffering compensation. Pain and suffering in a burn lawsuit case includes compensation for physical pain, emotional distress, disfigurement, disability and loss of quality of life.

If you are a burn victim, you may find the following helpful:

Rhino Lawsuits in MDL

2009-05-29T21:15:00.000-07:00

The Multi-District litigation (MDL) in the Yamaha Rhino rollover lawsuits continues to move forward in the Western District of Kentucky, with the products liability attorneys at Pritzker Olsen playing a central role. At the outset of the litigation, attorney Eric Hageman of Pritzker Olsen was appointed by the federal judge presiding over the Rhino MDL, Judge Jennifer B. Coffman, to serve on the Plaintiffs’ Steering Committee.

More recently, Judge Coffman issued the initial Case Management Order, setting the schedule for all of the MDL cases. As outlined in the Order, all non-expert fact discovery must be completed on cases currently in the MDL by February 1, 2010, with all discovery to be completed by April 1, 2010. If cases are not resolved via pre-trial settlement, trial of the cases will begin June 1, 2010. A proposal regarding a “comprehensive case resolution program for the MDL cases” will be made to Judge Coffman by September 30, 2009.

Even though no Rhino rollover cases have yet gone to trial, the benefits of the nationwide Rhino rollover litigation are already becoming apparent. Yamaha has seemingly acknowledged the existence of some of the very defects which are being alleged in the Rhino rollover lawsuits. The defects which make the Rhino prone to tip over and seriously injure its occupants include the following: its top-heavy design, dangerously narrow track width, high center of gravity, wheels that are too small to maintain stability, steering geometry that facilitates rollovers and tip overs even at low speeds and on flat terrain, heavy rigid steel roll cage that has no safety padding, lack of doors, leg guards, or other enclosures to protect occupants, lack of handholds or handles for passengers, and defective restraint systems. On March 31, 2009, Yamaha announced a repair program to address some of the same rollover safety defects which are being advocated in the MDL. In apparent recognition of the dangers posed by the Rhino, Yamaha has advised that consumers should not use Rhinos until the safety defects are repaired.

Pritzker Olsen attorneys will continue to play a leading role in the Rhino rollover litigation and will push for even greater safety changes on the Rhino.

To contact an attorney at Pritzker Olsen, please call 1-888-377-8900 (toll free) or submit our free consultation form.

Yamaha Rhino Rollover Information

Rhino Rollover Suit
Rhino 450 and 660 Free Repair
Yamaha Rhino Accident
Yamaha Rhino ATV Recall
Yamaha Rhino Lawsuit
Yamaha Rhino FAQ
Yamaha Rhino Recall

Fisher-Price High Chair Recall

2009-03-25T09:42:00.000-07:00

Fisher-Price and the the U.S. Consumer Product Safety Commission (CPSC) have received a report of one child falling out of a Fisher-Price 3-in-1 high chair. In response, Fisher-Price has voluntarily recalled about 24,000 Fisher-Price 3-in-1 high chairs, specifically 3-in-1 High Chair to Booster™, which converts from a high chair to a toddler booster seat. The recalled Fisher-Price high chair includes a removable tray, height adjustment and folds for storage. The product number (P5369) is printed on the side of the seat, on a label on the seat pad, and on the product’s packaging.

Consumers should stop using the recalled 3-in-1 High Chair to Booster™ product immediately.

Below is information about the Fisher-Price high chair recall from the CPSC:

Name of product: 3-in-1 High Chairs

Units: About 24,000

Importer: Fisher-Price, of East Aurora, N.Y.

Hazard: The seat can fall backwards from high chair frame if the booster seat release is unlatched while the child is in the product. Also, the seat back can detach if not fully snapped in place, posing a fall hazard and risk of serious injury to young children.

Incidents/Injuries: The firm has received one report of a seat back detaching and child falling out, resulting in a skull fracture.

Description: This recall involves the 3-in-1 High Chair to Booster™, which converts from a high chair to a toddler booster seat. It includes a removable tray, height adjustment and folds for storage. The product number (P5369) is printed on the side of the seat, on a label on the seat pad, and on the product’s packaging.

Sold exclusively at: Target stores nationwide from December 2008 through March 2009 for about $100.

Manufactured in: Mexico

Remedy: Consumers should stop using the recalled high chairs immediately and contact Fisher-Price for instructions and a free repair kit.

If your child has been injured by a Fisher-Price high chair, please contact our law firm for a free consultation with an attorney.

Yo-Yo Amusement Ride Recall

2008-10-08T11:01:00.000-07:00

On October 8, 2008, the U.S. Consumer Product Safety Commission (CPSC) announced that Chance Rides Manufacturing, Inc. is recalling about 85 YO-YO amusement rides across the nation to inspect and repair the rides. The recall was prompted by two incidents involving the YO-YO ride resulting in injuries to children and adults, including scraped knees and back strains. On May 16, 2008, 23 riders of a YO-YO ride in Angels Camp, California fell to the ground when the sweep arms suspending the circular swinging chairs they were riding in broke free from the ride’s center cylinder rod.

Interesting how the amusement ride was not recalled until after the busy summer season was over. Does profit always have to come before safety?

This is particularly egregious because amusement rides are rarely (and we mean rarely if ever) inspected by any government official, local, state or federal. As to the recalled YO-YO, CPSC doesn't even have the authority to inspect inspect it because it is not a mobile amusement ride.

According to the CPSC's Directory of State Amusement Ride Safety Officials (August 2008), some states do not even have amusement ride inspection programs. This means in some states the safety of the amusement rides is left up to the owners and operators of the rides. Next time you are at an amusement park, take a look around and decide if you are comfortable with that.

If you think amusement rides need to be regulated, regularly inspected and subject to recall by the CPSC, please contact your federal legislators. However, it is possible they are too busy spending $700 billion on Wall Street to care.

If you have been injured on any amusement ride, you are welcome to contact our law firm for a free consultation. We don't have $700 billion to spend on Wall Street, and we do care.

Tip-Over Deaths: Ovens, Furniture and TVs

2008-10-06T04:53:00.000-07:00

The U.S. Consumer Product Safety Commission is warning consumers that unstable TVs, furniture and appliances pose a deadly danger to young children. These items can tip over and crush children, causing injury or death.

Last year, CPSC identified this issue as one of the “top five hidden home hazards.” According to a new report out from the CPSC, there were at least 180 tip-over related deaths between 2000 and 2006, 80 percent involving children younger than 10. The report also indicates that between 2005 and 2006 there were at least 40 reports of television or television and furniture related tip-over deaths.

These deaths and injuries frequently occur when children climb onto, fall against or pull themselves up on television stands, shelves, bookcases, dressers, desks, chests and stove oven doors. Televisions placed on top of furniture can tip over and cause a child to suffer traumatic and sometimes fatal injuries. Stove tip-over deaths have occurred when children stand on oven doors.

“Tip-over related deaths continue to be a problem. These tragedies can be prevented by taking precautions,” said Acting Chairman Nancy Nord.

To help prevent tip-over hazards, CPSC recommends the following safety tips below:

Verify that furniture is stable on its own. For added security, anchor all entertainment units, TV stands, bookcases, shelving and bureaus to the wall or floor using appropriate hardware, such as brackets, screws, or toggles.
Place televisions on sturdy furniture appropriate for the size of the TV or on a low-rise base.
Push the TV as far back as possible from the front of its stand.
Place electrical cords out of a child's reach, and teach children not to play with the cords.
Remove items from the top of the TV and furniture that might tempt kids to climb, such as toys and remote controls.

Posted October 2008.

PB Heat Gas Boiler Recall Due to Possible Carbon Monoxide Poisoning

2008-09-22T10:58:00.000-07:00

PB Heat LLC, a Bally, Pennsylvania company, has recalled about 1,200 gas boilers because the pressure switch could have an internal defect that could fail to shut down the boilers under vent or air inlet blockage. This switch defect could allow the boilers to produce excessive levels of carbon monoxide, posing a risk of carbon monoxide poisoning.

This PB Heat gas boiler recall involves the DE and PSC II Gas Fired Cast Iron Boilers with the Endura Plastics Model ES2035 pressure switch used for home heating and domestic hot water heating. The boilers were available in either natural or LP gas. The boiler rating label is located on the top jacket panel on Series PSCII models and the left side jacket panel on the Series DE models. The label includes the model and serial number. The following model names and serial numbers are included in the recall:

Model Name	Serial Number
DE-03, DE-04, DE-05 and DE-06	5040768 to 5052860
PSCII-03, PSCII-04, PSCII-05, and PSCII-06	5040777 to 5052166

Other suffix designation may follow the base model number such as SV-WPC.

The recalled PB Heat gas boilers were sold at plumbing and heating wholesale distributors nationwide from May 2007 through July 2008 for between $1,800 and $3,000. They were manufactured in the United States.

Symptoms of carbon monoxide poisoning include the following:

severe headache
dizziness
mentally confused
upset stomach
light headedness

Carbon monoxide poisoning can lead to death (see "Carbon Monoxide Wrongful Death").

Posted September 2008.

Simplicity Crib Recall: Aspen, Gabrielle, Camille, Providence, Shenandoah

2008-09-22T10:24:00.000-07:00

Please email the following Simplicity crib recall information to everyone you know who cares for infants and toddlers. Prevent a death.

Retailers throughout the United States have recalled about 600,000 Simplicity cribs because the company that purchased the manufacturer of the cribs refuses to recall the dangerous cribs.

The recalled Simplicity cribs have hardware that is not the correct size, allowing the drop side to come off the tracks. When the drop side detaches or partially detaches, it creates a hazardous gap, which can lead to infant entrapment and suffocation.

The recalled Simplicity drop-side cribs are described as follows:

The recalled model numbers include: 8620, 8745, 8748, 8755, 8756, 8778, 8810, and 8994. The recalled drop side cribs have a date code, which can be found on a label on the headboard under the mattress support, which ends in 05DH, 05GB, 06DH, 06GB, 07DH or 07GB (examples: 1806 DH or 0507 GB). The recalled model names include: Aspen and Crib N Changer Combo, Gabrielle, Camille, Providence and Shenandoah. Only the brand name “Simplicity” can be seen on the label on the headboard.

What this description means is that it may not be immediately apparent if you have a recalled Simplicity crib. You will need to look on the label on the headboard for “Simplicity” and the numbers above. If you are still unsure, you should contact the retailer where you purchased the crib.

The following retailers have recalled the Simplicity cribs:

AAFES, of Dallas, Texas
Babies“R”Us, of Wayne, N.J.
Burlington Coat Factory/Baby Depot, of Burlington, N.J.
K’s Merchandise (out of business)
Meijer Distribution Inc., of Grand Rapids, Mich.
Nebraska Furniture Mart, of Omaha, Neb.
ShopKo, of Green Bay, Wis.
Target, of Minneapolis, Minn.
Wal-Mart Stores Inc, of Bentonville, Ark.

Posted September 2008.

Child's Death Prompts Soccor Goal Net Recall

2008-09-22T09:30:00.000-07:00

If the following product recall outrages you, please contact your federal legislators. Tell them that the federal government is not protecting its citizens from unsafe products and that, at the very least, the following should be done:

All products should be required to be tested for safety before they are put on the market. People do not realize that most products are not tested for safety.
The U.S. Consumer Product Safety Commission needs to have broad authority to immediately recall products when there has been a serious injury or death or when it is evident that the product is not safe. Now, in most cases, manufacturers have to voluntarily recall products. In the case below (we will get to it), a toddler was strangled to death by a soccer goal net while his mother struggled in vain to free him. This happened last year, but the recall of the product was not initiated by the manufacturer until this month. There is something horrifically wrong with this.

The facts of the soccer goal net strangulation as reported by National Public Radio:

Last year in Texas, a 21-month-old boy tried to climb on one of the MacGregor nets from the back of the goal. He fell through the mesh, and the polyethylene cord contracted around his neck.

The toddler was in a fenced-in treeless backyard that contained only the soccer goal and carpet grass. By the time the mother realized what had happened, the cord around his neck was so tight, she was unable to pull his head back through.

She sent another child back into the house for a pair of scissors while she held her dying son's head, her hands straining at the cord.

Also according to the NPR report:

The difference in cost between making a goal with the deadly 5-inch mesh and a goal made with the smaller, safer mesh is estimated at less than 20 cents of polyethylene cord.

The recall of the soccer goals as reported by the U.S. Consumer Product Safety Commission:

September 16, 2008 - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Products: MacGregor Folding Soccer Goals, Mitre Folding Soccer Goals

Units: About 190,000 units

Distributor: Regent Sports Corporation, of Hauppauge, N.Y.

Hazard: The fixed knot flexible openings in the soccer goal net can pose a head and neck entrapment or strangulation hazard to young children.

Incidents/Injuries: Regent Sports and CPSC have received two reports of head entanglement, including the strangulation death of a 20-month-old child who was found with his arm and neck tangled in the soccer goal net.

Description: Both soccer goals have a foldable white frame with a white net that is attached by Velcro strips. When upright, the MacGregor goal measures 6 feet wide by 3 feet high and the Mitre net measures 8 feet wide by 6 feet high. Each has a recalled net with squares measuring 5 inches on each side. The MacGregor soccer goal has model number 97236 printed on the assembly instructions and UPC code number 029807972365 printed on the net’s packaging. The Mitre soccer goal has model number 89186 printed on the assembly instructions and UPC code number 029807891864 printed on the net’s packaging. Nets manufactured after April 2007 with 4 inch by 4 inch square openings are not included in the recall.

Sold at: Wal-Mart, Ace Hardware and sports and toy stores nationwide from May 2002 through May 2008 for $26.

Manufactured in: China

Remedy: [Do not do this if your child has been injured.] Consumers should stop using the recalled soccer goal nets immediately and return them to Regent Sports to receive a free replacement net. [If your child has been injured or strangled to death in a soccer goal net, do not contact the retailer or Regent Sports. Contact us immediately about a lawsuit. These cases are strict liability cases and punitive damages may be available.]

SlyDog Retractable Dog Leash Recall

2008-09-05T10:38:00.000-07:00

Worldwise Inc. has recalled about 223,000 retractable dog leashes because the metal clasp can break, causing the leash to recoil back and injure the dog owner. People have reported facial cuts, a broken tooth, displaced eye lens, and a bruised collar bone. Below is the U.S. Consumer Product Safety Commission (CPSC) announcement of the SlyDog Retractable Dog Leash recall:

Worldwise Inc. Recalls Retractable Dog Leashes; Metal Clasp Can Break and Cause Facial and Body Injuries to Dog Owners

The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced voluntary recalls of the following consumer products. Consumers should stop using recalled products immediately unless otherwise instructed.

Products: SlyDog™ Retractable Dog Leashes

Units: About 223,000

Importer: Worldwise Inc., of San Rafael, Calif.

Hazard: The metal clasp connecting the leash to a dog’s collar can bend or break while in use, causing the leash to recoil back unexpectedly. This poses a serious risk of injury to consumers.

Incidents/Injuries: Worldwise has received five reports of injuries, including facial cuts, a broken tooth, displaced eye lens, and a bruised collar bone. [Contact us about compensation for disfigurement in a product liability lawsuit.]

Description: This recall involves the SlyDog™ Retractable Dog Leash with a metal clasp. The leash has a handle composed of a blue plastic case with a black plastic grip. The leash is made of a black woven strap and measures approximately one-half inch wide. The end of the leash has a metal clasp which connects to the dog’s collar. The SlyDog™ retractable leashes with a plastic clasp are not included in this recall.

Sold by: Dollar General Stores nationwide from September 2007 through August 2008 for about $5.

Manufactured in: China

Remedy: [If you have been injured by a SlyDog leash, do not return the leash for a refund. Contact our law firm.] Consumers should stop using these leashes immediately and return them to Worldwise Inc. for a full refund, including shipping costs.

Wolf Gas Range Recall

2008-09-05T10:02:00.001-07:00

Wolf Appliance Inc. has recalled about 24,000 Wolf Gas Ranges due to possible burn hazard. Below is the Wolf Gas Range recall announcement from the U.S. Consumer Product Safety Commission (CPSC):

The U.S. Consumer Product Safety Commission in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Wolf Appliance Gas Ranges

Units: About 24,000

Manufacturer: Wolf Appliance Inc., of Madison, Wis.

Hazard: Delayed ignition of gas in the 18-inch oven can cause a flash of flames to be projected at a consumer when the range door is opened, posing a burn hazard to consumers. [This Wolf Gas Range recall involves possible burns to the hands, arms and face. When burn injuries involve disfigurement, the person burned should be compensated for the disfigurement by responsible parties. In this case, if you have been burned on the face when opening a Wolf Gas Range, you should contact our law firm regarding compensation for disfigurement.]

Incidents/Injuries: Wolf has received 97 reports of units experiencing delayed ignition, including 15 minor burns. There have been no reports of fires or property damage.

Description: This recall involves the following Wolf Appliance 48-Inch gas ranges with model numbers: P48, PS48 and R48. The gas ranges are stainless steel with a double oven. A “Wolf” appliance logo is on the front of the larger oven door.

Sold at: Home builders and appliance stores nationwide from January 1998 through June 2008 for between $5,000 and $9,000.

Manufactured in: United States

Remedy: [If you have been burned by a Wolf gas stove, you should not contact the manufacturer before contacting a burn injury lawyer. Please contact our law firm at 1-888-377-8900 (toll-free), email our lawyers or submit our online form for a free consultation.] Consumers should immediately stop using the recalled gas range 18-inch oven and contact the manufacturer to schedule a free, in-home repair. The large oven and all cooktop burners are not affected and may be used.

Deda Forza Handlebar Stem Recall

2008-09-05T09:29:00.000-07:00

Deda Elementi S.r.l., of Italy has recalled Deda Forza bicycle handlebar stems because they may crack and cause the rider to fall and suffer personal injury. The following is information about the Deda Elementi recall from the U.S. Consumer Product Safety Commission (CPSC):

The U.S. Consumer Product Safety Commission, in cooperation with Deda Elementi S.r.l., of Italy, today announced a voluntary recall of certain Deda Forza Bicycle Handlebar Stems. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Deda Forza Bicycle Handlebar Stems

Units: About 400

Manufacturer: Deda Elementi S.r.l., of Italy

Hazard: The top of the bicycle handlebar stem can crack and cause the rider to lose control, posing a crash hazard. [It is important to contact a bicycle accident attorney as quickly as possible after an accident. Attorney Fred Pritzker is an avid cyclist and former racer.]

Incidents/Injuries: Deda Elementi has received four reports of incidents involving the handlebar stems. No injuries have been reported.

Description: The recall involves bicycles with Deda Forza black carbon fiber handlebar stems in gloss finish. “Deda Forza” is printed on the handlebar stem. Deda Forza black carbon fiber handlebar stems in matte finish are not included in this recall.

Sold at: Bicycle retailers nationwide from January 2008 through June 2008 on bicycles selling for between $4,300 and $8,700. The handlebar stems were also sold separately for about $400.

Manufactured in: Taiwan and Italy

Remedy: [If someone has been injured due to a recalled Deda Forza Bicycle Handlebar Stems, do not repair the bicycle, replace the handlebar stem or do anything that could compromise evidence. Contact our law firm about preserving evidence in a bicycle accident case.] Consumers should stop using the bicycles equipped with the recalled Deda Forza handlebar stems and return them to the place of purchase to receive a free replacement handlebar stem.

Posted September 2008

Advanced Bionics Hearing Aids: FDA Seeking Penalty

2008-04-01T09:33:00.000-07:00

The U.S. Food and Drug Administration (FDA) has announced it is seeking a $2.2 million penalty against a California hearing aid manufacturer for violations of federal law, including manufacturing standards violations and the failure to notify the FDA of a change in an outside supplier or vendor, which may have exposed recipients of the devices to unnecessary health risks.

The hearing aids pose a public health risk due to excessive moisture, exposing patients to the risk of device failure, possible surgery, and the potential for additional hearing loss.

The agency's complaint, originally filed this past November and amended on March 17, seeks penalties against California medical device manufacturer Advanced Bionics, LLC and its president and co-CEO, Jeffrey H. Greiner.

The complaint alleges that Advanced Bionics shipped hearing aids to customers in the United States prior to filing appropriate supplemental information with the Agency, including a notice of changes made to the devices that affected their safety and effectiveness.

On July 7, 2003, Advanced Bionics received FDA approval to market the HiRes90k Implantable Cochlear Stimulator, a cochlear implant hearing aid surgically implanted under the skin behind the ear to treat profound hearing loss in adults and children. The hearing aid is considered a Class III device by the FDA—the most stringent regulatory category for devices.

The complaint alleges that the company failed to comply with the FDA's current Good Manufacturing Practice (GMP) requirements for devices. GMP requires that companies manufacturing medical devices for sale in the United States establish and follow quality systems procedures to assure the safety and quality of their products.

Advanced Bionic's alleged GMP violations include the failure to sufficiently evaluate and select a new vendor as the supplier of a critical device component and the failure to adequately validate the continued safety and effectiveness of the hearing aid by testing lots under actual or simulated use when the unapproved vendor's component was used.

The complaint also states that Advanced Bionics shipped hearing aids in violation of the law between January 2005 and July 2006. Two hearing aids shipped and implanted after a March 2006 recall contained the component from the unapproved vendor.

FDA's complaint states that the company's failure to file the required supplement occurred after a 2001 inspection. At that time, the company was cited for similar failures and made commitments to correct the problems.

Advanced Bionics, LLC, is located in Sylmar, Calif.

CPSC Announces Creation of New Import Surveillance Division

2008-03-10T10:34:00.000-07:00

U.S. Consumer Product Safety Commission (CPSC) has announce the creation of the new Import Surveillance Division at the CPSC. This team, in coordination with the CBP, is tasked with inspecting, detecting and stopping hazardous products from entering into the United States.

“With new strategies and growing resources, I am confident that we can prevent the entry of unsafe products into our country, remove those that do find a way in and punish those who willfully disregard the safety of our consumers,” said Acting Chairman Nancy Nord.

The Port of Long Beach in California is the first port that will have a permanent CPSC presence and additional staff will be assigned to other busy ports as the division is expanded. Carol Cave, formerly director of Field Operations, is the head of the new office.

In announcing the creation of the new division Acting Chairman Nord also announced that CBP is strengthening its cooperative relationship with CPSC; for those ports of entry where there are permanent CPSC staff assigned, the agency this year will have the ability to identify, stop, examine and either hold or release shipments coming into the United States.

The agency, she said, will test more samples and conduct more port-of-entry surveillance blitzes with assistance from CBP. CBP has already been assisting the agency in doing some product testing at its labs, and CPSC will continue to use this resource to leverage the agency’s ability to identify product hazards and violations of the agency’s standards.

Working with Customs, CPSC is utilizing the CBP’s import tracking system known as ACE. ACE will expose CPSC to many potential problems sooner, and give the agency more time and information to respond before the dangerous product reaches U.S. shores.

Posted March 2008.

Baby Safety and Crib Recalls

2008-02-28T07:04:00.000-08:00

The Consumer Product Safety Commission (CPSC) is urging parents and other caregivers to provide infants in their care with a safe sleep environment.

A CPSC analysis of crib-related deaths found that crib deaths have been caused by:

suffocation when infants ended up face down on pillows or face down in a crib with pillows, quilts or other bedding
entrapment between components of old cribs that were in bad condition, with broken or missing parts or loose hardware
entrapment in spaces generated between the sides of a crib and an ill fitted mattress
accessories situated in/around the crib (such as window cords or curtain tie backs)
falls out of cribs
alterations made to cribs
entrapment when the child became wedged between the crib and other furniture or a wall

CPSC also issued a recent press release warning parents and other caregivers of baby deaths associated with air mattresses.

The CPSC is urging parents:

To reduce the risk of SIDS and suffocation, place baby to sleep on his or her back in a crib that meets current safety standards
To prevent suffocation never use a pillow as a mattress for baby to sleep on or to prop baby’s head or neck
Infants can strangle to death if their bodies pass through gaps generated between loose components, broken slats and other parts of the crib and their head and neck become entrapped in the space.
*Do not use old, broken or modified cribs
*Regularly tighten hardware to keep sides firm
Infants can suffocate in spaces generated between the sides of the crib and an ill fitted mattress; never allow a gap larger than two fingers at any point between the sides of the crib and the mattress.
Never place a crib near a window with blind or curtain cords; infants can strangle on curtain or blind cords.
Properly set up play yards according to manufacturers’ directions. Only use the mattress provided with the play yard. Do not add extra mattresses, pillows or cushions to the play yard, which can cause a suffocation hazard for infants.
Routinely check nursery products against CPSC recall lists and remove recalled products from your home.
Sign-up for automatic e-mail recall notifications at www.cpsc.gov.

The CPSC has been working since 1973 to improve crib safety with the publication of mandatory standards for full-size cribs and non-full size cribs. CPSC staff has also been involved in the development of voluntary standards for cribs addressing issues such as corner posts and structural and mechanical failures. The work of the CPSC has contributed to an 86% decrease in crib related deaths.

Recent crib recalls:

Please send this information to parents of infants and others who take care of babies.

Glue Gun Burns and Dollar Tree Store Glue Gun Recall

2008-02-05T12:16:00.001-08:00

Glue gun burns due to a defective glue gun may give rise to a lawsuit against the manufacturer, distributor, importer, retailer and others. Dollar Tree Stores Inc. has recently recalled a potentially defective glue gun, Crafters Square Hot Melt Mini Glue Guns. Below is information on the glue gun recall from the U.S. Consumer Product Safety Commission. We are providing it here as a public service.

Glue Guns Recalled by Dollar Tree Stores Due to Fire, Burn and Shock Hazards

The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, has announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Crafters Square Hot Melt Mini Glue GunsUnits: About 253,000Retailer: Dollar Tree Stores Inc., of Chesapeake, Va.

Importer: Greenbrier International Inc., of Chesapeake, Va.

Hazard: The recalled glue guns can short circuit, causing the gun to smoke and catch fire. This poses fire, burn and shock hazards to consumers.

Incidents/Injuries: Dollar Tree is aware of seven incidents in which these glue guns short circuited resulting in two injuries, including electrical shock and burns.

Description: The glue guns dispense hot glue and are intended for craft projects. The recalled glue gun is black with a yellow trigger and is approximately 4 1/2 inches from the back of the gun to the tip. Attached is a 44-inch electrical cord. "Crafters Square" and product number 818261-72 or 818261-75 are located on the guns' packaging.

Manufactured in: China

Sold at: Dollar Tree, Dollar Bill$, Dollar Express, Greenbacks, Only One $1, and Deal$ stores nationwide from February 2007 through August 2007 for about $1.

Remedy: Consumers should immediately stop using the recalled glue guns and return them to the store where purchased for a full refund. [Note from PritzkerOlsen: If someone has been injured by a recalled glue gun, contact a lawyer at our law firm. It is important not to return the glue gun because it could be used as evidence in a lawsuit seeking compensation for damages related to injuries caused by the glue gun.]

Hot Glue Gun Burns: Dollar Tree Store Glue Gun Recall

2008-02-05T12:16:00.000-08:00

Glue Guns Recalled by Dollar Tree Stores Due to Fire, Burn and Shock
Hazards

The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Crafters Square Hot Melt Mini Glue GunsUnits: About 253,000

Retailer: Dollar Tree Stores Inc., of Chesapeake, Va.Importer: Greenbrier International Inc., of Chesapeake, Va.

Hazard: The recalled glue guns can short circuit, causing the gun to smoke
and catch fire. This poses fire, burn and shock hazards to consumers.

Incidents/Injuries: Dollar Tree is aware of seven incidents in which
these glue guns short circuited resulting in two injuries, including electrical
shock and burns.

Description: The glue guns dispense hot glue and are intended
for craft projects. The recalled glue gun is black with a yellow trigger and is
approximately 4 1/2 inches from the back of the gun to the tip. Attached is a
44-inch electrical cord. "Crafters Square" and product number 818261-72 or
818261-75 are located on the guns' packaging.

Manufactured in: China

Sold at: Dollar Tree, Dollar Bill$, Dollar Express, Greenbacks, Only One $1, and Deal$ stores nationwide from February 2007 through August 2007 for about $1.

Remedy: Consumers should immediately stop using the recalled glue guns and return them
to the store where purchased for a full refund. [Note from Pritzker Olsen:
If someone has been injured by a recalled glue gun, contact a lawyer at our law
firm. It is important not to return the glue gun because it could be used
as evidence in a lawsuit seeking compensation for damages related to injuries
caused by the glue gun.]

Home Shopping Network HSN LP Fined $875,000

2008-01-02T06:32:00.000-08:00

The U.S. Consumer Product Safety Commission (CPSC) recently announced that HSN LP (previously known as Home Shopping Network), of St. Petersburg, Fla., has agreed to pay a civil penalty of $875,000. The civil penalty settles allegations that HSN LP failed to report in a timely manner, as required by federal law, serious injuries and hazards with the Welbilt Electronic Pressure Cookers.

CPSC alleged that from September 2001 through about October 2004, HSN received at least 25 reports from consumers indicating that the pressure cookers contained a defect that could create a substantial product hazard or that the pressure cookers created an unreasonable risk of serious injury. CPSC alleged that HSN failed to immediately report this information as required by the Consumer Product Safety Act, 15 U.S.C. Sec. 2064(b), which requires manufacturers, distributors and retailers to immediately report to CPSC information about products that could create a substantial risk of injury to the public or that create an unreasonable risk of serious injury or death. Failure to provide the information immediately is a prohibited act under the Consumer Product Safety Act, 15 U.S.C. Sec 2068(a)(4).

In agreeing to settle this matter, HSN denied CPSC’s allegations that it violated the Consumer Product Safety Act.

The Welbilt Electronic Pressure Cookers were recalled in June of 2005, four years after HSN received the first report from consumers indicating that the pressure cookers contained a defect that could create a substantial product hazard or that the pressure cookers created an unreasonable risk of serious injury.

Posted January 2008.

Air Mattresses and Infant Deaths

2007-12-20T07:50:00.001-08:00

The following is from a CPSC news release. 16 babies have died when placed to sleep on air mattresses. Please email this to everyone you know who takes care of an infant.

Deadly Danger: CPSC Urges Parents To Not Place Infants on Air Mattresses

WASHINGTON, D.C. - This is the season when homes fill up with gifts and guests. When traveling, parents may choose alternative sleeping environments for babies. The U. S. Consumer Product Safety Commission (CPSC) is warning families nationwide that air mattresses are too soft for use with sleeping infants. Never place infants to sleep on air mattresses or other soft surfaces (such as water beds and adult beds), which are not specifically designed or safe for infant use.

Since 2002, CPSC has received reports of 16 tragic deaths, mostly infants younger than 8 months of age who were placed to sleep on air mattresses: 11 suffocated in a face down position on an air mattress and 5 died due to suffocation after falling into gaps between the mattress and bed frame and mattress and adjacent furniture or wall.

Generic twin-, full-, or queen-sized inflatable mattresses are usually intended for adults and older children. Even properly inflated air mattresses are usually too soft for infants to maintain a clear airway. Air leaks and under-inflation also contribute to incidents.

Wherever your baby sleeps should be as safe as possible. CPSC recommends these safe sleeping tips:

Always place your baby to sleep on his or her back to reduce the risk of SIDS.
Never place baby to sleep on an adult bed. Infants can suffocate on bedding or can become entrapped between the mattress and bed frame or mattress and wall.
When using a crib, make sure it meets current safety standards, has a firm, tight-fitting mattress and tight-fitting bottom sheet.
When using a portable crib or play yard, be sure to use only the mattress or pad provided by the manufacturer.

Posted December 2007.

Age Intervention Eyelash, Bimatoprost and Vision Problelms

2007-11-16T21:20:00.000-08:00

If you have been using Age Intervention Eyelash and now have vision problems, you may have a claim against Jan Marini Skin Research, Inc., the the seller and distributor of Age Intervention Eyelash.

Today, at the request of the U.S. Food and Drug Administration, U.S. Marshals seized 12,682 applicator tubes of Age Intervention Eyelash for the following reasons:

FDA considers the seized Age Intervention Eyelash to be an adulterated cosmetic. The product contains bimatoprost, an active ingredient in an FDA-approved drug to treat elevated intraocular pressure (elevated pressure inside the eye). For patients using the prescription drug, using the Age Intervention Eyelash in addition to the drug may increase the risk of optic nerve damage because the extra dose of bimatoprost may decrease the prescription drug's effectiveness. Damage to the optic nerve may lead to decreased vision and possibly blindness. In addition, use of Age Intervention Eyelash may cause other adverse effects in certain people due to the bimatoprost, including macular edema (swelling of the retina) and uveitis (inflammation in the eye), which may lead to decreased vision.
FDA considers Age Intervention Eyelash to be an unapproved and misbranded drug because Jan Marini Skin Research has promoted the product to increase eyelash growth. Before a new drug product may be legally marketed, it must be shown to be safe and effective, and approved by FDA.

If you have been using Age Intervention Eyelash and now have vision problems, you need to consult your health care provider regarding the effect bimatoprost may have had on your vision. If you are diagnosed with macular edema, uveitis or any damage to the optic nerve, contact one of out product liability lawyers as soon as possible regarding a possible lawsuit against Jan Marini Skin Research and any other parties that may be responsible for your injuries. To contact us, please call toll-free at 1-888-377-8900 or submit the online consultation form on the upper-right-hand corner of this page.

Aqua Dots Recall Prompted by Injuries to Children

2007-11-08T10:55:00.000-08:00

A chemical coating on Aqua Dots converts to a powerful “date rape” drug when ingested. Two children in the United States slipped into a coma after swallowing some of the Aqua Dots. As a result Spin Master, manufacturer of Aqua Dots, has recalled 4.2 million Aqua Dot products, which were manufactured in (you guessed it) China.

Millions of toys sold in the U.S. and manufactured in China have been recalled due to high lead content (usually in the paint). Now Chinese manufacturers are coating products meant for children with a “date rape” drug. What will be next?

Legally, Spin Master is liable for any injuries to children that are caused by Aqua Dots. We are using “caused” in the legal sense, which means it has to be more probable than not that Aqua Dots caused a specific injury. We are accepting Aqua Dots lawsuit cases. If your child has been seriously injured by Aqua Dots, please contact us toll-free at 1-888-377-8900 or submit the online consultation form for review by one of our nationally-recognized product liability lawyers.

Wendy Bellissimo Collection Convertible Cribs Recalled

2007-11-08T09:54:00.000-08:00

Wendy Bellissimo Collection convertible cribs have been recalled due to possible entrapment and strangulation of infants. The cribs were made in China and sold by Bassettbaby, a Bassett, Virginia company.

The bolts connecting the top corners of the recalled cribs can come loose, creating a gap and posing a serious entrapment and strangulation hazard. Bassettbaby has 85 reports of bolts loosening, including one report of a 13 month-old child’s hand becoming entrapped between the railings.

The crib recall involves about 8,900 Wendy Bellissimo Collection convertible cribs, model numbers 5945-0521 and 5545-0521, sold in honey and cherry finishes. The full size cribs have a sleigh design and one of the following purchase order numbers at the bottom rail of the headboard: 272903, 272904, 273904, 276728, 276729, 291081, 323975, 324472, 320318, 323976, 332883 365620, 368466 in honey, and 338535, 338537 and 332884 in cherry. All other Wendy Bellissimo Collection cribs are not involved in this recall.

The recalled cribs were sold at Babies R Us stores nationwide from July 2005 through October 2007 for about $500. Consumers should stop using these cribs immediately and contact Bassettbaby for a free repair kit. If your infant has been injured by a recalled crib, contact an attorney immediately. We are accepting cases of serious injury associated with cribs, including Wendy Bellissimo Collection convertible cribs and Simplicity cribs.

Lead Poisoning Recalls

2007-10-11T12:43:00.001-07:00

Manufacturers, distributors, and sellers of children’s products—including jewelry, toys and candy—are making, distributing and selling products with lead. They are putting our children at risk for lead poisoning. The devastating effects of lead poisoning to children are well documented:

Young children under the age of six are especially vulnerable to lead's harmful health effects, because their brains and central nervous system are still being formed. For them, even very low levels of exposure can result in reduced IQ, learning disabilities, attention deficit disorders, behavioral problems, stunted growth, impaired hearing, and kidney damage. (National Safety Council)
At high levels of exposure, a child may become mentally retarded, fall into a coma, and even die from lead poisoning. (National Safety Council)
Lead exposure has been tied to ADHD, a neurological condition that affects a child’s ability to focus on tasks and complete them (MedlinePlus)

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