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New Jersey Personal Injury Blog

Archive – 2011 – December

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.


CDC Publishes Study of Adverse Drug Events in Senior Citizens

According to a study conducted by the Centers for Disease Control and Prevention (CDC), and published in the New England Journal of Medicine (NEJM), there are approximately 100,000 emergency hospitalizations for U.S. senior citizens (over age 65) every year related to adverse drug events (ADEs). The study determined that two-thirds of these emergency hospitalizations are associated with the misuse of a small group of medications, specifically, diabetes medications and blood thinners.

The CDC study, which is entitled “Emergency Hospitalizations for Adverse Drug Events in Older Americans” in the NEJM, concluded that four particular diabetes and blood thinning medications caused the majority of ADEs in older adults. These medications are Warfarin, insulin, anti-platelet drugs, and oral diabetes medications called oral hypoglycemic agents. Data collected between 2007 and 2008 from 58 hospitals nationwide concludes that the highest number of emergency hospitalizations, 33 percent, involved Warfarin, a blood thinning medication used to prevent blood clots.

Diabetes medications and blood thinners are commonly used and necessary medications for older adults. These also require attentive management by medical professionals. Oftentimes, doctors and nurses who care for a large number of patients prescribe incorrect dosage amounts and/or forget to perform the necessary tests to determine the dosage level and efficacy of these medications, increasing the risk of ADEs in older patients. Two-thirds of all ADE emergency hospitalizations are the result of contraindicated use of the aforementioned medications.

Medical professionals have a responsibility to provide an appropriate level of care to their patients, young and old. Medication errors are especially dangerous for older adults and pediatric patients but have the potential to cause serious injury and/or illness in a patient of any age.

At Blume Goldfaden, our experienced medical malpractice lawyers in New Jersey are committed to pursuing meritorious claims of medical negligence.

To learn more about protecting your rights and the potential to pursue a claim surrounding this important medication issue, contact us for a no-cost consultation at (973) 635-5400.


Honda Expands Recall to Over 1.5 Million Vehicles due to Airbag Defect

The American Honda Motor Company, in cooperation with the National Highway Traffic Safety Administration (NHTSA), has expanded the recall of vehicles affected by a defective front airbag to approximately 1,709,477 vehicles. The original recall began at the end of June 2011.

This recall is result of a defective driver’s side airbag inflator, which, in the event of a crash requiring deployment of the airbag, could inflate with an inordinate amount of internal pressure. Subsequently, the pressure could cause the inflator to rupture and release metal fragments that can strike and injure the driver and other vehicle occupants. The vehicles included in this recall include the:

  • 2003 Acura CL
  • 2002-2003 Acura TL
  • 2001-2002 Honda Accord
  • 2001-2003 Honda Civic
  • 2002-2003 Honda CR-V
  • 2001-2003 Honda Odyssey
  • 2003 Honda Pilot

Owners of the affected vehicles will be notified and dealers will inspect vehicles for a defective airbag inflator and replace it, if necessary, at no-cost. Owners of vehicles in the expanded recall will be notified this month. For additional information, owners may call Honda at (800) 999-1009. This recall is related to the following recall campaign numbers: 08V-593, 09V-259, and 10V-041.

The purpose of airbags is to provide the driver and passengers with a level of safety in the event of a crash. Safety features must operate correctly, be fit for the purpose intended, and not create hazards themselves by their very use.

If you or a loved one has been injured by a defective airbag, contact the experienced New Jersey air bag defect lawyers at Blume Goldfaden to learn more about your legal rights and options. We have successfully obtained settlements and verdicts for clients with meritorious claims and can help you determine if your claim may be viable to pursue. Call (973) 635-5400 for a no-cost consultation.


Stronger Federal Toy Safety Rules Good News for Holiday Season

The holiday season and the time to start making those holiday shopping lists have arrived. Parents, grandparents, other relatives, and friends alike will be deciding on toy purchases for the special children in their lives, and, due to more stringent federal toy safety regulations, there are a variety of safe toys to choose from. According to the Consumer Product Safety Commission (CPSC), some of the new toy safeguards, include:

  • Establishing the lowest lead paint and lead content limits in the world;
  • Strictly limiting the use of certain phthalates (substances added to plastics);
  • Making voluntary toy standards mandatory;
  • Requiring third party testing and certification of toys intended for children 12 years old or younger; and
  • Tracking toy shipments in transit from outside of the U.S. with the help of Homeland Security, thereby increasing the rate of seizure of dangerous toy imports.

These standards have established a safer toy market, reflected in the decline of toy recalls since 2008. Recalls dropped from 172 in 2008, to 50 in 2009, and 46 in 2010. However, defective or unsafe toys still pose a threat to children.

Unsafe toy-related child deaths for children younger than 15 years of age increased to 17 deaths in 2010 from 15 reported deaths in 2009. Almost half of these involved choking on small balls, rubber balls, and balloons. In addition, 181,500 children younger than 15 sustained toy-related injuries and were treated in hospital emergency departments in 2010.

If your child has been injured by a defective or unsafe toy or child’s product in New Jersey, you may be entitled to compensation for damages surrounding their injuries. At Blume Goldfaden, our knowledgeable defective toy attorneys in New Jersey can help you determine whether your claim may have merit, call (973) 635-5400 for a no-cost consultation.


Toyota to Recall Over 420,000 Vehicles due to Engine Defect

The National Highway Traffic Safety Administration (NHTSA), in cooperation with Toyota Motor North America, Inc., is recalling approximately 420,326 Lexus and Toyota vehicles as the result of an engine defect that may increase the chances of an auto accident resulting in injury.

The crankshift assembly defect may cause the battery discharge light to turn on and create noise. Additionally, the power steering belt may detach from the pulley, resulting in a loss of power steering and subsequent sudden increase in steering difficulty, which increases the risk of an accident.

The vehicles affected by this defect were manufactured from June 1, 2004 through March 31, 2005 and include the:

  • 2004 Avalon;
  • 2004 and 2005 Camry, Camry Solara, Sienna, and Highlander;
  • 2006 Highlander Hybrid;
  • 2004 and 2005 Lexus RX330 and ES330; and
  • 2006 Lexus RX400H.

The recall is expected to begin January 2012, at which time Toyota will notify owners, and dealers will replace the crankshaft pulley if defective. For more information, owners of the recalled vehicles may call Toyota at (800) 331-4331 or the NHTSA hotline at (888) 327-4236.

Auto manufacturers are responsible for the safety of the vehicles they produce. If substandard materials are used, it increases the likelihood that an accident may occur.

If you or a loved one has been injured in a New Jersey car accident as the result of a vehicle defect, you may be entitled to financial compensation for your losses. Contact the experienced New Jersey auto product liability attorneys at Blume Goldfaden to determine whether you may have a meritorious claim. Please call (973) 635-5400.


Best Buy Recalls Rocketfish iPhone 3G/3GS Battery Case due to Fire Hazard

Best Buy Company Inc. of Minnesota, in cooperation with the U.S. Consumer Product Safety Commission (CPSC), has announced the recall of approximately 31,000 Rocketfish model RF-KL12 mobile battery cases for the iPhone 3G and 3GS. The battery case has a tendency to overheat while charging, which poses a fire hazard and increases the risk of burn injuries. According to the CPSC, it has received 14 reports of overheating battery cases, three of which included minor burn injuries.

The referenced Rocketfish battery cases are made of black soft-touch rubberized lightweight material which is equipped with a built-in battery. The recalled model number, RF-KL12, may be found on the battery case packaging barcode, on the front of the packaging, and on the curved inside surface of the case in white print. They were exclusively sold at Best Buy stores across the nation and online from April 2010 through September 2011 for between $10 and $60.

Consumers should contact Best Buy immediately to return the product and receive a $70 Best Buy gift card. For additional information, consumers may visit the Best Buy website or call Best Buy toll-free at (800) 917-5737.

The manufacturers of consumer products have a responsibility to adequately test the safety of such products before making them available for purchase to the general public. Unfortunately, many manufacturers fail to properly and comprehensively test their products before making them available for purchase. Consumers who suffer injury as the result of such negligence may be entitled to recover damages for any injuries or economic losses sustained in using the product.

If you or a loved one has been injured by a dangerous consumer product in New Jersey, the experienced defective product attorneys in New Jersey at Blume Goldfaden may be able to help you pursue compensation for your injuries, associated medical bills, lost wages, and other losses. To find out whether your claim may have merit, contact us for a no-cost consultation at (973) 635-5400.


Chatham: (973) 635-5400   Jersey City: (201) 963-4711   Sea Girt: (732) 758-6333   North Bergen: (201) 861-7757

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