New Jersey Personal Injury Blog
Johnson & Johnson Faces FDA Sanctions and Fines for Delayed Defect Reporting
The ongoing quality issues with Johnson & Johnson (J&J) products has prompted the U.S. Food and Drug Administration (FDA) to conduct an investigation into yet another department of the this company, according to The Associated Press.
The current department of J&J that has fallen under the scrutiny of the FDA is Animas Corp., which makes insulin pumps for diabetics. Animas has been given an FDA warning that if it does not resolve its violations in a timely manner, it faces fines, as well as other sanctions. These violations include: delaying disclosure of serious injuries to patients and selling faulty insulin pumps. The faulty pumps include the OneTouch Ping and 2020.
Animas has until January 20, 2012 to provide an explanation for why it continued to sell pumps known to fail and a plan to resolve its failure and/or delay in timely reporting of incidents where the faulty pumps may have contributed to or caused serious injury or death. The company had never reported one serious injury complaint and delayed reporting two others. All three patients were hospitalized with respiratory failure, dangerously high blood sugar, coma, and diabetic ketoacidosis, a life-threatening complication resulting from a lack of insulin.
The New Jersey-based Johnson & Johnson has recalled almost 30 products since September 2009, including millions of bottles of Motrin, Tylenol, and other non-prescription medications, defective hip implants, prescription medications for HIV and seizures, and contact lenses.
When product manufacturers fail to properly test, evaluate and report with regard to the safety of a product, and/or fails to protect consumers and patients from known defective products, they may be liable for any injuries and damages resulting from the use of those products.
If you or a loved one has been injured by a defective product in New Jersey, you may be entitled to pursue a civil lawsuit to recover economically for the injuries and other damages sustained.
The experienced NJ defective product attorneys at Blume Goldfaden can examine the details of your potential case to determine whether you may have a meritorious claim. Call us for a no-cost consultation at (973) 635-5400.
Ford Recalls Nearly 245,000 Vehicles due to Braking System Defect
The National Highway Traffic Safety Administration (NHTSA) announced the voluntary recall of 244,530 vehicles by the Ford Motor Company due to a braking system defect which could leak brake fluid onto the antilock brake system (ABS) module wiring harness connector. This leak could cause corrosion, and possibly result in melting, smoke, or fire.
The affected vehicles are equipped with a brake master cylinder reservoir cap that could leak brake fluid and include model year 2001 and 2002 Ford Escape SUVs that were manufactured from October 22, 1999 through July 19, 2002.
Owners of the recalled vehicles should expect to be notified by Ford beginning the week of January 23, 2012. Dealers will modify the ABS electrical system and replace the brake master cylinder reservoir cap; however, due to a delay in securing parts, the repairs may also be delayed. In that case, owners will be instructed to park their vehicles outside until the necessary parts are available. For additional information, owners may call Ford at (866) 436-7332. The recall campaign number is 07V-156.
If you or a loved one has been injured as the result of an auto manufacturing or design defect, you may have cause to pursue legal action. The experienced auto product liability lawyers in New Jersey at Blume Goldfaden can help you understand your legal rights and options. To speak to one of our attorneys about your potential claim, contact us at (973) 635-5400 for a no-cost consultation.
Triple Eight Distribution Recalls Over 30,000 Bike Helmets
The U.S. Consumer Product Safety Commission (CPSC) has announced the recall of approximately 30,400 Triple Eight Distribution child and youth bicycle helmets as the result of CPSC safety standards violations concerning impact resistance. A lack of proper impact resistance can increase the risk of a head injury in the event of a fall.
The recalled products are multi-purpose helmets which are also sold as bicycle helmets. These include:
- Little Tricky helmets, which are marketed for children and have a large Little Tricky logo on each side. They were sold in white, black, green, and pink in just one size.
- Triple Eight, size S/M, EPS Liner helmets have a hard black inner EPS foam liner and were sold in white, bone, black, army green, and blue. A size label with the manufacturing date is attached to the interior of the helmet.
- Sector 9, size S/M, EPS Liner helmets have the same EPS liner as the Triple Eight S/M EPS helmets and were sold in blue, white, green, and black. As the helmet above, a size label with the manufacturing date is attached to the interior of the helmet.
The affected helmets, which were manufactured in China, were sold at sporting goods and bicycle stores, as well as other retailers, across the nation and online for approximately $40 from August 2006 through November 2011. Consumers should contact Triple Eight for a full refund.
If your child has suffered injury as the result of defective safety gear or any other product, you may have cause for legal action against the product’s designer, manufacturer and distributor. At Blume Goldfaden, our product liability lawyers in New Jersey have experience in evaluating these complex claims to determine if they may be pursued to seek monetary compensation for those injured. To speak to one of our attorneys about your potential case, call us at (973) 635-5400 for a no-cost consultation.
NHTSA Makes Statement, Opens Investigation Regarding Chevy Volt Fire Risk
The National Highway Traffic Safety Administration (NHTSA) recently released a statement announcing their investigation into a potential defect in the Chevrolet Volt, which poses a significant post-crash fire risk, as well as General Motor’s (GM’s) remedy to the defect.
As a safety agency with the task of reducing motor vehicle injuries and fatalities on the nation’s roadways, the NHTSA has begun an investigation, in collaboration with Department of Energy and Department of Defense experts, into a Chevy Volt defect which increases the risk of a vehicle fire after an accident. The investigation, though not completed yet, has come to the preliminary conclusion that both coolant leakage and battery intrusion must occur to create a fire in the Volt after an accident.
To remedy the defect which may cause the referenced post-accident fires, GM has designed a steel reinforcement device. NHTSA crash tests with a Volt retrofitted with the device produced successful results, as the tested Volt did not experience battery intrusion or coolant leakage. Once the NHTSA analysis is complete, it will report its findings and recommendations to the public.
A fire-causing vehicle defect is extremely dangerous. The occupants of a vehicle may survive a motor vehicle accident; however, if a defect causes the vehicle to catch fire after the accident, then the odds of survival significantly decrease. Even if the vehicle occupants survive the initial impact, the likelihood of suffering catastrophic burn injuries is increased.
If you have been injured or have lost a loved one in a New Jersey auto accident caused by a manufacturing or design defect, you may be entitled to financial compensation. At Blume Goldfaden, our experienced auto product liability attorneys in New Jersey can examine the details of your claim to determine whether your case may have merit. To discuss your potential claim, call us at (888) 635-5400 for a no-cost consultation.
Regulations Aim to Better Define Early Stages of Accountable Care Organizations
According to The New England Journal of Medicine (NEJM), the release of new regulations governing Medicare’s Accountable Care Organizations (ACO) provides an opportunity for the examination of this new healthcare model, which gives healthcare providers financial support to improve care in return for their acceptance of accountability for the overall cost and quality of that care. The final set of regulations, which were released in October 2011, aim to address various concerns which arose with the prior draft regulations.
According to the NEJM article, the final regulations make the following changes to Medicare’s ACO program:
- Allow broader range of ACO governance structures;
- Create more saving opportunities while delaying risk bearing;
- Reduce the amount of required quality measures;
- Allow for care from a greater variety of healthcare professionals, including specialists, to determine which ACO a patient is assigned to; and
- Allow ACOs to identify and reach out to patients more effectively.
Although it is Medicare’s ACO program that seems to be garnering the most attention, there are, in fact, nearly 100 other provider organizations which govern themselves under the basic elements of the ACO model: tying payment to improvements in patient care and lowering overall spending growth. Coordinating for the benefit of improved patient care is one of the most important responsibilities of healthcare providers who are part of an ACO. The lack of and/or poor communication between healthcare providers concerning a patient’s health is often the basis of preventable medical errors that may seriously jeopardize the health and even life of the patient.
If you or a loved one has suffered further illness or injury as the result of a healthcare provider’s negligence, you may be entitled to financial compensation for your losses. To learn more about your legal rights and to determine whether your claim has merit, contact the experienced New Jersey medical malpractice attorneys at Blume Goldfaden for a no-cost consultation at (973) 635-5400.
Avoid Winter-Related Recalled Products, Stay Safe
Every year, people are injured by defective or unsafe products nationwide, and every season, there is a particular group of recalled products that should be avoided.
This winter, the U.S. Consumer Product Safety Commission (CPSC) urges consumers to check if the winter weather-related product they plan to purchase or use had been previously recalled. Some of the cold weather-related recalled products that consumers should avoid for their own safety and that of their family include:
- Meijer Touch Point Oscillating Ceramic Heaters – 13,000 units were recalled due to a defect in the oscillating mechanism which could short out, posing a fire hazard.
- Flow Pro, Airtech, Aloha Breeze, and Comfort Essentials Heaters – 2.2 million units were recalled due to a malfunction that could cause smoking, burning, overheating, melting, and fire.
- Lasko Portable Electric Heaters – 107,500 units were recalled due to a defect in an electrical connection in the base of the unit, which can overheat, melt, and subsequently expose the electrical connection, posing a fire hazard.
- Honeywell Electric Baseboard and Fan Heater Thermostats – 77,000 units were recalled due to an overheating defect which could cause them to smoke and melt, posing a burn injury hazard to consumers.
- GE Zoneline Air Conditioners and Heaters – 90,600 units were recalled due to an electrical component defect in which the component could fail, posing a fire hazard.
Unfortunately defective products are often not recalled in a timely manner before having already caused numerous injuries.
At Blume Goldfaden, our experienced defective consumer product attorneys in New Jersey are committed to investigating and comprehensively pursuing meritorious claims for our injured clients.
If you have been injured by a defective or unsafe product in New Jersey, contact us at (973) 635-5400 to discuss your potential claim.
New Jersey Plane Crash Kills 5 in Morris Township
A managing director of Manhattan-based Greenhill & Co., his wife, two children, the family dog, and a co-worker were recently killed in a plane crash, according to The Wall Street Journal.
The group had taken off from Teterboro Airport en-route to Atlanta, Georgia to spend time with relatives when, shortly after takeoff, the plane lost control, spiraled downward, and crashed into a wooded area along Interstate 287, just south of Morris Township, New Jersey. All five occupants of the small plane were killed.
The Greenhill investment banker was both the owner and licensed pilot of the single-engine Socata TBM-700. Shortly after takeoff, he was in contact with air-traffic controllers about ice accumulation on the plane. Less than 15 minutes after take-off the plane proceeded to nose-dive onto I-287. According to NBC New York, the National Transportation Safety Board (NTSB) is expected to shortly release a preliminary report on the crash; however, an investigation into the cause may take from six months to over one year to complete.
Until the NTSB completes its investigation, there can only be speculation as to the cause of the accident. However, according to a news article on SeattlePI.com, the plane was equipped with de-icing “boots”; instruments which are used to prevent the accumulation of ice as the plane ascends or descends. This feature may not have been activated yet, or it is possible that there was a malfunction or defect that prevented the pilot from using them or their proper functioning.
Defective equipment is a common cause of aviation accidents. Other potential causes include poor maintenance, pilot error, and lack of communication or mistakes by air-traffic controllers and other ground personnel.
If you have lost a loved one in a New Jersey plane crash, the experienced aviation accident lawyers in New Jersey at Blume Goldfaden can help you investigate your potential claim. Contact us at (973) 635-5400 for a no-cost consultation.
Ford Recalls Almost 130,000 Vehicles due to Wheel Defect
The National Highway Traffic Safety Administration (NHTSA) and the Ford Motor Company are recalling 128,626 vehicles as the result of defective wheel studs, which may fracture and cause an increased risk of an injury accident. If multiple stud fractures occur while driving any of these vehicles, the driver may feel vibration and/or wheel separation, which increases the likelihood of an injury crash.
This recall follows an Office of Defects Investigation (ODI) Preliminary Evaluation which was opened on January 21, 2011. The ODI became aware of 29 complaints related to the wheel stud defect, as well as four incidents of wheel separation as of July 26, 2011. The preliminary investigation was followed by an engineering analysis, which eventually lead to the current recall.
Ford is recalling 2010 and 2011 Mercury Milan and Ford Fusion vehicles which are equipped with 17-inch steel wheels. They were manufactured from April 1, 2009 through April 30, 2009 and from December 1, 2009 through November 13, 2010. This recall is expected to begin in January 2012.
Ford will notify owners of the affected vehicles and dealers will replace the brake discs as needed. The wheel lug nuts will also be replaced. For additional information, owners may call the Ford Customer Relations Center at (866) 436-7332. The NHTSA Vehicle Safety Hotline is also available at (888) 327-4236.
At Blume Goldfaden, our knowledgeable auto product liability attorneys in New Jersey have the experience required to comprehensively investigate and pursue meritorious injury claims. If you have been injured as the result of auto manufacturer negligence, contact us for a no-cost consultation at (973) 635-5400.
Bella Bliss Recalls Child Pajamas due to Flammability Standard Violation
Bella Bliss of Lexington, Kentucky, in cooperation with the U.S. Consumer Product Safety Commission (CPSC), is recalling approximately 2,300 sets of children’s Henley pima cotton pajamas due to a violation of federal children’s sleepwear flammability standards. The shortcoming in compliance with the standards poses a fire hazard and increases the risk of burn injury to children.
The recalled cotton pajamas are a two-piece set, sold in sizes 2 through 12, and came in blue, pink, red, or white. The brand name, “Bella Bliss,” is written on the neck tag. They were sold for between $48 and $58 through the Bella Bliss website and catalog, as well as at specialty clothing retailers and online retailers from January 2008 to June 2011.
Children should immediately stop wearing the pajamas, which should be returned to the retailer where purchased for store credit, exchange, or refund. For additional information, consumers may call Bella Bliss at (866) 846-5295.
Federal regulations are understandably strict when it comes to child products and safety standards. According to the Federal Code of Regulations (CFR), children’s pajamas must pass the general flammability testing procedure and requirements in order to be suitable for distribution. If a product is in violation of the federal flammability standards, it poses a significant risk of burn injury.
The manufacturers of consumer products, especially children’s products, have a duty to adhere to federal safety standards. Distributing a product which is in violation of these standards endangers the health and well-being of consumers.
If you have been injured as the result of a defective or unsafe product in New Jersey, the experienced NJ dangerous consumer product lawyers at Blume Goldfaden can help you investigate and possibly pursue a potential claim surrounding such injuries. Contact us at (973) 635-5400 for a no-cost consultation to find out if your claim may have merit.
Injuries and Property Damage Caused by Holiday Decorations
The winter holidays usually involve decorating plans including the use of candles, string lights, ornaments, and holiday scenes for the outdoors. As festive as holiday decorations are, they can also pose significant health risks to decorators, business owners, homeowners and their families, and, may cause property damage.
According to the U.S. Consumer Product Safety Commission (CPSC), in November and December of 2010, over 13,000 people were treated in U.S. emergency rooms as the result of holiday decoration-related injuries, an increase from the 12,000 in 2008 and the 10,000 in 2007. In addition, between 2006 and 2008, there was an average of $18 million in property damage and four deaths per year as a result of Christmas tree-related fires. In that same time period, a total of approximately 130 deaths and $360 million in property losses and damage as the result of candle fires were reported to the CPSC.
The CPSC makes several suggestions for decorating safely, including:
Check for freshness when buying a live Christmas tree.
Set the tree up away from any heat sources.
Only buy artificial trees if labeled “Fire Resistant.”
Avoid ornaments or trimmings that are not child-safe.
Never leave burning candles unattended.
Place candles on a heat-resistant and stable surface.
Only use lights that have been tested by a nationally recognized lab, such as Underwriters Laboratories (UL).
Fires are a risk during the holidays, especially if decorating lights are defective. If you or a loved one has suffered burn, electrocution or other injuries as the result of defective holiday lights or decorations, it may be possible to pursue a negligence and/or product liability action to be compensated for your losses. Contact the experienced New Jersey defective consumer product attorneys< at Blume Goldfaden to determine if your claim may have merit. Call (973) 635-5400 for a no-cost consultation.