New Jersey Personal Injury Blog
Archive – 2011 – February
Toyo Tire Holdings of Americas Inc. Announces Recall of Several Models for Potential Tread Detachment
Toyo Tire Holdings of Americas Inc. has announced the recall of several models of their tires after discovering that some tires do not meet specifications required for the rubber chemical mixture from which they are made.
The National Highway Traffic and Safety Administration (NHTSA) released an auto safety recall warning about the faulty tires. As a consequence of the improper make-up of specific Toyo tires, portions of the tire tread may become detached or separated. This could possibly cause loss of vehicle control and potentially lead to an accident.
Recalled Toyo tire models were manufactured from September 19, 2010 through October 2, 2010 and include the following models:
- Versado CUV P245/55 R19 103T
- Versado CUV P235/55 R20 102T
- Versado CUV235/55 R18 100V
- Versado CUV P255/65 R18 109S
- Versado LX II 215/60 R16 95V
- Open Country All Terrain LT285/70 R17 121S
- Tourevo LS II 245/45 R18 96V
- Nitto Brand Terra Crappler All Terrain 255/55R18 109S
Toyo will be notifying owners of the recalled tires and replacing the tires at no cost to the consumer. However, owners may contact Toyo by calling 1-800-442-8696 or Nitto at 1-888-529-8200. Owners of affected tires can also contact the NHTSA’s vehicle safety hotline at1-888-327-4236 or find further information at: www.safercar.gov.
Tires are a critical to motor vehicle safety, providing maneuverability, traction, control, and other vital functions in maintaining the well-being of vehicle occupants and others on the road. If a tire defect causes a motor vehicle accident, the manufacturer of the tires and vehicle may be held liable for any harm resulting from such an accident.
The New Jersey tire defect attorneys at Blume Goldfaden have years of experience litigating auto product liability cases. If you or someone you love has been injured in an accident that you believe was caused by a defective tire or other faulty auto component, call 973-635-5400 for a no-cost consultation. Our attorneys will evaluate the facts and circumstances of your potential claim to determine if it is meritorious.
Incorrect Package Labeling Causes Qualitest Pharmaceuticals to Initiate Recall
An FDA MedWatch Alert has announced that Qualitest Pharmaceuticals is recalling Hydrocodone Bitartrate/Acetaminophen and Phenobarbital Tablets due to incorrect package labeling. The recall was initiated after an individual bottle of Hydrocodone Bitartrate and Acetaminophen Tablets was discovered with the wrong label. It had a Phenobarbital Tablets label instead of its Hydrocodone Bitartrate and Acetaminophen label.
The improper labeling of pharmaceutical products puts patients at risk of accidentally consuming the incorrect medication. In this case serious adverse reactions, such as respiratory depression, CNS depression, coma, and death can be caused by unintentional administration of Hydrocodone. In addition, patients who unintentionally take Acetaminophen may respectively suffer liver toxicity if they are on other acetaminophen medications or consume more than three alcoholic beverages per day. Another potential risk associated with this particular drug mislabeling is an increased risk of seizures in patients who miss their doses of Phenobarbital because they took the wrong medication.
The following products are included in the recall:
- Hydrocodone Bitartrate and Acetaminophen Tablets, USP 10mg / 500mg, NDC 0603-3888-20, 60 count, Lot Numbers T150G10B, T120J10E and T023M10A
- Phenobarbital Tablets, USP 32.4 mg, NDC 0603-5166-32, 1000 count, Lot Numbers T150G10B, T120J10E and T023M10A
The side of the bottle of these medications contains the lot numbers. These products were put on the market between Sept. 21, 2010 and Dec. 29, 2010 to wholesale and retail pharmacies throughout the nation and in Puerto Rico. Consumers are advised to stop using these pharmaceutical products and contact Qualitest at 1-800-444-4011 for reimbursement.
As New Jersey product liability attorneys, we are familiar with the potential harmful effects of manufacturing defects, poor product design, and improper labeling; and we have the expertise required to properly pursue these complex product liability matters. At Blume Goldfaden, we are committed to protecting the rights of injured victims. For a free consultation about your potential product liability claim, call our firm at 973-635-5400.
NJ Based PDR Network Addresses Medical Malpractice Threat of Physician Failure to Recognize Drug Label Changes
Patients rely on prescription and over-the-counter medications to treat a wide range of medical conditions. These drugs are often prescribed by a doctor.
The labeling on pharmaceutical products is expected to provide accurate information to both the patient and healthcare provider about dosage, side effects, and instruction as to how the drug should be taken or administered. However, this information will only help ensure patient safety if a physician stays informed about changes in Food and Drug Administration (FDA) drug label guidelines.
According to a recent ModernMedicine article, statistics indicate that approximately 30 percent of medical malpractice lawsuits are associated with medication errors. Some of these suits relate to physician error when prescribing or recommending a contraindicated drug.
New Jersey based PDR Network reports that 25 percent of FDA-approved drugs contained in the 2011 Physicians’ Desk Reference are either new or have had major changes to their labels since the PDR’s 2010 edition. In medication-related medical malpractice lawsuits, the FDA-approved labeling in effect at the time the prescription was written should be evaluated to establish the standard of care applicable to healthcare providers prescribing medications.
Patients should not suffer injuries as a result of a healthcare provider’s negligence in failing to stay up-to-date on recent changes in drug labeling. Medication-related errors can cause a patient’s death or lead to serious physical, emotional, and financial harm.
At Blume Goldfaden, our New Jersey medical malpractice lawyers have the experience and resources required to help patients or family members afflicted by medication errors. Call us at 973-635-5400 for a no-cost consultation.
Fuel Malfunction Prompts Emergency Plane Landing on New Jersey Highway
The Daily Record reports that a plane was forced to make an emergency landing on Interstate 80 in New Jersey recently because of a mechanical problem.
According to the article, the plane, a single-engine Cessna, is owned by the federal government and was being used for local homeland security training. Around 2:30 p.m., a fuel line malfunction forced the plane to make an emergency landing on the eastbound express lanes on Interstate 80 after it was unable to complete a return to Teterboro Airport.
A law enforcement officer and a flight instructor were aboard the aircraft, along with the pilot, and no one suffered injuries in the emergency landing.
An incident like this could have been much worse. It is fortunate the pilot, those onboard, and motorists on the freeway were not seriously injured. However, not all emergency plane landings are as successful.
New Jersey plane accidents that can be attributed to pilot error, improper maintenance of the aircraft, defective plane components, air traffic controller error and other factors are usually compensable. Responsible parties can be held liable for the accident and any harm caused to passengers and innocent bystanders.
The New Jersey plane accident attorneys at Blume Goldfaden have significant experience in litigating aviation accident cases. Our firm has the experience and resources needed to pursue a complex claim properly. Call 973-635-5400 for no-cost legal advice regarding your potential claim.
Wrong-Site Surgery and Wrong Procedure Concerns Highlighted by Incorrect Operation on Woman’s Left Hand
A 65-year-old woman diagnosed with idiopathic trigger finger underwent surgery only to have the wrong procedure performed. A New England Journal of Medicine article discusses the circumstances surrounding the surgeon’s account of how carpal-tunnel release surgery was performed by accident instead of the correct operation for a trigger-finger release. The article also addresses initiatives that have been created and instituted for medical personnel as a way to help lower instances of wrong-site surgery and the performance of incorrect surgical procedures.
In 1998, the American Academy of Orthopedic Surgeons (AAOS) developed a “Sign Your Site” program in which surgeons would label the surgical site with their initials. The AAOS had hoped that the initiative would decrease the number of wrong-site surgeries. However, the number of cases documented displayed an increasing number of wrong-site surgeries in the United States.
The article states that a recent survey of AAOS members revealed that 5.6% of reported medical errors were wrong-site procedures or wrong procedures. Of these, about 59% involved the wrong side of the patient’s body (left vs. right), 23% related to another wrong site (i.e. the wrong finger on the correct hand), 14% involved the wrong procedure, and 5% accounted for incidents involving the wrong patient. The knee, finger, hand, foot, and ankle are the most common sites for wrong-site procedures and wrong procedures.
Although wrong-site surgery can take place within all surgical areas of specialty, it is reported to be most common among orthopedic surgeons and neurosurgeons, with approximately 68% of claims in the U.S. relating to orthopedic surgery.
Surgical mishaps can potentially injure or otherwise cause harm to a patient before, during, and after a surgical procedure. While every instance of surgical error may not result in a meritorious medical malpractice claim, there are some circumstances that do justify filing a claim. The New Jersey surgical negligence attorneys at Blume Goldfaden have the resources and experience to handle a wide range of medical malpractice cases, and have successfully represented patients as a result of wrong-site surgery. Call our firm at 973-635-5400 for a no-cost consultation.
Mislabeling of Unit Dose Vials Causes Albuterol Inhaler Recall
The Ritedose Corporation has announced a voluntary nationwide recall of 0.083% Albuterol Sulfate Inhalation Solution, 3 mL (in 25, 30, and 60 unit dose vials) because of a prospective major health risk. According to the FDA recall press release, the prescription inhalers are used to treat acute asthma and exercise induced asthma in children and adults.
The inhalers are being removed from the market due to improper labeling. Apparently the 2.5 mg/3 mL single use vials are marked with the incorrect concentration of 0.5 mg/ 3 mL, affecting the dose taken by patients. The incorrect label of the single use inhalers is only on the unit dose vials themselves. However, the correct formulation of the inhalers is stated on the primary foil overwrap pouches and shelf carton packaging.
The inhaler concentration mislabeling could cause health professionals to incorrectly advise patients of how to use the medication, potentially resulting in use of up to 5 times the recommended dosage. The risk of dose error is even more significant in a hospital setting since the entire inhaler packaging (which has the correct information on it) usually does not accompany its vial.
Patient use of the defective inhalers could potentially cause serious health complications or death from overdose. Signs and symptoms of albuterol toxicity include but are not limited to tremors, dizziness, nervousness, headache, seizures, angina, high blood pressure, low potassium levels, and increased heart rates up to 200 beats per minute.
Consumers are being advised to discontinue use of the recalled inhalers and return them where they were obtained.
Drug manufacturers are responsible for designing and creating medications that are safe for the purpose intended, correctly labeled, tested properly, and free of any defects that could cause harm to a consumer. The New Jersey product liability attorneys at Blume Goldfaden have extensive experience handling a wide range of defective product cases for individuals who have been injured and family members of those killed by product defects. Call our firm at 973-635-5400 for a no-cost consultation and to find out if you may have a viable claim.
Single-Engine Plane Crash Investigation at Greenwood Lake Airport Carries On
According to a National Transportation Safety Board (NTSB) spokesman, the exact cause of a single-engine plane accident at Greenwood Lake Airport in West Milford, New Jersey is still under investigation. A NorthJersey.com article reports that the small plane’s pilot, a 49-year-old man, broke both of his legs, and, a 51-year-old passenger sustained injuries to his face. Both men were transported to Morristown Memorial hospital after the 1975 Cessna 182 crashed at approximately 10:10 a.m. on December 18, 2010.
It may take authorities months to determine what caused the plane to crash after it failed to take off from the public-use airport owned by the New Jersey Department of Transportation. The airport consists of 150 acres and has one runway.
In saying that it is too soon to know the cause of the crash, the NTSB spokesman said that the agency may release a “preliminary report” evaluating some potential causes. A spokeswoman for the Federal Aviation Administration (FAA) stated that an update on the cause of the plane crash was not available and that the FAA is taking part in the investigation being led by the NTSB.
While the cause of this small plane crash has yet to be determined, aviation accidents involving commercial jetliners, ambulance helicopters, charter planes, government planes, private planes, and other aircraft may be caused by inadequate aircraft maintenance, defective plane equipment, air traffic controller mistakes, pilot error, and factors relating to weather.
Those fortunate enough to survive an aviation accident may suffer serious injury. If an investigation determines that some form of negligence, defective or poorly designed plane parts contributed to an accident, injured individuals or family members of those who are killed may seek compensation related to physical pain and suffering, lost income and loss of future services, guidance, counseling, advice, support and companionship. The New Jersey plane crash lawyers at Blume Goldfaden have experience successfully handling aviation accident litigation. Call 973-635-5400 for a no-cost consultation and evaluation of your potential claim.
Possible Microbial Contamination Causes Recall of All Lots of Triad Group Alcohol Prep Pads, Alcohol Swabs and Alcohol Swab Sticks
The Food and Drug Administration (FDA) has announced in a press release that over-the-counter products manufacturer Triad Group is voluntarily recalling all lots of Alcohol Prep Pads, Alcohol Swabs and Alcohol Swab sticks. The recall was launched due to a customer posing concerns about potential contamination of the products with Bacillus cereus, a bacteria that can be harmful to humans.
Alcohol Prep Pads, Alcohol Swabs, and Alcohol Swab sticks manufactured by Triad Group are intended to be used to disinfect an area of the body, i.e., to help prevent infection. One report has been received of a non-life-threatening skin infection due to the recalled products. Use of the potentially contaminated products could cause a person to suffer from life-threatening infections, especially those individuals with weak immune systems or those who are post-surgical patients.
Consumers who have any of these products in their possession that list “Triad Group” as the manufacturer are being advised not to use the products, and, that they should return the products to the location where it was purchased to receive a full refund.
The recall includes products marked as “sterile” as well as “non-sterile” that were distributed nationwide to retail pharmacies, and are in individual packets. These products are sold in retail pharmacies in a box containing 100 packets. The potentially contaminated Alcohol Prep Pads, Alcohol Swabs, and Alcohol Swab sticks can be identified by “Triad Group” or sold with the following names on their packaging: Cardinal Health, PSS Select, VersaPro, Boca/ Ultilet, Moore Medical, Walgreens, CVS, and Conzellin.
Consumers should be able to expect medical products will be safe to use for the purpose intended and free of any contaminant or defect that could cause an injury, illness, or death. At Blume Goldfaden, our New Jersey product liability lawyers understand the potential physical, financial, and emotional consequences that can be caused by contaminated products. If you have suffered harm as a result of the use of a contaminated product, call us at 973-635-5400 for a no-cost consultation to learn about your possible legal rights. We can help you determine whether or not you may have a meritorious product liability claim.
Potential Risk of Electrical Short Leading to Fire Initiates Ford Vehicle Recall
Ford Motor Co. is recalling 19,600 2011 model year trucks and crossover SUVs due to the potential of an electric short that could result in a fire, according to a CNN article.
Ford’s recall of certain 2011 model year F-150 trucks, Super Duty trucks (F-250 through F-550) and Edge and Lincoln MKX vehicles was initiated after fires began in the cabs of two F-150 trucks at a Michigan assembly plant late last year.
The defect was associated with a body control module manufactured by Lear Corp., which later discovered that an employee had failed to correctly clean a soldering machine over the course of six days in October. This increased the chances that modules manufactured during that time could have contaminants that could lead to internal shorts, overheating, and a vehicle fire. There are no known reports of fires associated with these recalled vehicles.
Approximately 14,730 of Ford’s recalled vehicles are in the United States and its territories. Most of the remaining vehicles are reported to be in Canada. Recall letters were to be sent by Ford to vehicles owners during the week of January 10, 2011.
Auto design defects have the potential to cause vehicle occupants harm or lead to accidents. While vehicle recalls may help to inform consumers about newly discovered vehicle defects, for some, the delivery of information to the public is often insufficient or not timely.
If you or a loved one were harmed as a result of an auto product defect, contact the New Jersey auto product liability lawyers at Blume Goldfaden to find out if you may have a valid claim. We can be reached at 973-635-5400 for a no-cost consultation.
Chrysler Recalls Thousands of Vehicles for Potential Steering, Stalling, and Airbag Problems
In three different campaigns, Chrysler is recalling about 145,000 trucks and crossover wagons over concerns of problems with steering, stalling, and airbag deployment.
CNN reports that there were 86 consumer reports of the need for tire rod replacements due to a ball stud at the end of a tire rod fracturing. Chrysler decided to recall 22,274 2008-2011 Dodge Ram 4500 and 5500 trucks. The tire rod fracture could cause loss of steering capability. In addition, after consumers reported noticing illumination of their airbag warning lamps, the potential risk of side airbags failing to deploy in the event of a collision was discovered in about 65,180 2009 Dodge Journey crossover wagons manufactured between November 1, 2007, and September 7, 2008. Chrysler also detected that side-impact pressure sensor circuits in these vehicles could create a risk of air bags becoming fatigued or breaking.
The third Chrysler recall of 56,611 2011 Dodge Ram 1500 trucks, for a rear axle bearing that could seize and lead to the vehicle stalling, was initiated after 20 reports of axle-bearing noise or failure.
As of now, no known reports of accidents or injuries have been connected to any of these recalled vehicles.
Motor vehicle manufacturers are responsible for designing, creating and distributing vehicles which are safe and free of defects or design shortcomings which could cause harm to vehicle occupants or bystanders. Over the years, the New Jersey auto design defect attorneys at Blume Goldfaden have successfully represented individuals who have been severely injured as a result of auto design defects. Contact our firm at 973-635-5400 for a no-cost consultation of your potential auto product liability case.