Category – Product Liability
The U.S Consumer Product Safety Commission (CPSC), in cooperation with PT Domusindo Perdana, is recalling an estimated 73,000 wooden drop-side cribs due to entrapment and suffocation hazards. The drop sides of the cribs can detach, malfunction or otherwise fail, resulting in part of the drop side falling out of position. This creates a space that a toddler or infant can roll into and become entrapped or wedged, potentially leading to suffocation or strangulation. The defect can also cause a child to fall out of the crib.
The CPSC and company are aware of three incidents of drop-side rail malfunction or detachment, though no injuries have yet been reported.
Fourteen models of the wooden drop-side cribs are included in this recall. The model number, date code and model name can be found printed on the plywood mattress board of the cribs. For more information on the exact models being recalled, please visit the product’s CPSC recall page here: http://www.cpsc.gov/en/Recalls/2013/PT-Domusindo-Perdana-Recalls-Drop-Side-Cribs/ .
The recalled cribs were sold exclusively at JC Penny, online on JCPenny.com and through its mail order catalog for between $200 and $400. The recalled cribs were sold from January 1998 through December 2008.
Consumers should stop using the recalled drop-side cribs and call Modus Furniture International customer service at (800) 827-2129 for a free immobilizer kit. Additional information is available on the company website at www.savannababy.com under the “Recall” tab.
If you or your child has suffered injury as the result of a defective product, the household product defect lawyers at Blume Goldfaden can examine the details of your potential claim and help you understand your legal options. Call us today to learn more at (973) 635-5400.
Stryker Orthopaedics, a medical device manufacturer based in Bergen County, New Jersey is facing more than 80 lawsuits, according to an article published on NJ.com. The lawsuits assert the company sold defective hip replacement or prosthetic systems.
Stryker guaranteed buyers that the hip replacement implants AGB II and Rejuvenate would last for decades, however many of the devices failed after just months. This failure prompted a mass recall in July 2012. Since the recall, dozens of lawsuits have been filed against the company. One attorney claimed that she’s filed suit for 30 patients and is preparing to file on behalf of another 150.
According to NorthJersey.com, the matters surrounding the Stryker defective hip implants may become one of the largest mass-tort litigations in the United States. The New Jersey Supreme Court ordered that all NJ Stryker lawsuits be heard in Hackensack before Judge Brian R. Martinotti.
Plaintiffs have experienced nerve, bone, and muscle damage as a result of the defective hip implants. This damage stemmed from the metal-on-metal design, which caused metallic elements to be released into the bloodstream and absorbed by tissue. Some plaintiffs have required revision surgery.
If you or a loved one has suffered as the result of a defective medical device in New Jersey, the product liability lawyers at Blume Goldfaden can examine your potential claim and determine whether it may have merit. For more information on your potential legal options, call us for a no-cost consultation at (973) 635-5400.
An administrative complaint has been filed against Pennsylvania-based Baby Matters, LLC, by the U.S. Consumer Product Safety Commission (CPSC). The complaint asserts that the Nap Nanny Generation One and Two, Chill model baby recliners were not provided with adequate warnings and instructions, and had defects in its design, all of which pose a high risk of injury and death to infants.
Four infants have died in Nap Nanny Generation Two recliners and another infant died as the result of an incident involving the Chill model. In total, the CPSC has received more than 70 incident reports to date of infants nearly falling out of the recliner. The complaint was filed after it was determined that Baby Matters, LLC, did not take adequate steps to recall the products, nor address the life-threatening hazard posed by the use of these products without securely fastening the harness straps.
The Nap Nanny is designed as a portable baby recliner to be used for playing, sleeping, and resting. It includes a foam base with an inclined indentation where the baby would sit and a fitted fabric cover with a harness. The dangerous products include 50,000 Nap Nanny Generation Two and 5,000 Generation One model recliners that were sold between 2009 and early 2012, but are not discontinued. Since January 2011, approximately 100,000 Chill model recliners have been sold. All of the recliners were priced around $130.
The defective product lawyers at Blume Goldfaden have decades of experience representing individuals with meritorious product liability claims and can help you determine whether you have the right to take legal action against a defective product manufacturer.
To speak to one of our attorneys about your potential claim, call us at (973) 635-5400 for a no cost consultation.
The U.S. Consumer Product Safety Commission (CPSC) has announced the voluntary recall of approximately 15,000 Monessen Hearth Systems Signature Command™ Controlled Direct and B-Vent gas fireplaces and inserts due to the risk of fire. A control component in the inserts and fireplaces may prevent the unit from lighting even though the gas is on, presenting a fire hazard.
The recall includes electronically controlled Monessen, Vermont Castings, and Majestic B-vent and direct-vent gas inserts and fireplaces with serial numbers that range from:
- 12-X-000275 to 12-X-015206;
- 11-X-027322 to 11-X-031501;
- 11-P-032597 to 11-P-059389; and
- 12-P-000202 to 12-P-037583.
The first two digits of the serial number represent the year manufactured, the letter refers to the particular facility where manufactured, and the final six sequential numbers are randomly selected. The serial number is printed on a rating plate, which is attached to an interior cable accessible through the side or lower control door.
The recalled fireplaces were sold from October 2011 to October 2012 for between $1,030 and $8,160 at hearth distributers and dealers across the nation.
Consumers may turn off the fireplace as suggested in the notice published by the Consumer Product Safety Commission (see link above); and should call Monessen Hearth Systems at (877) 406-9180 to arrange a repair at no cost.
If you have been injured as the result of a defective product, the product liability lawyers at Blume Goldfaden can examine the specifics of your potential claim to determine if it is meritorious. To learn more about your legal rights and options, call us at (973) 635-5400.
The CPSC has unanimously approved, with a 3-0 vote, a new mandatory federal safety standard to be implemented for infant swings in order to prevent injuries to and deaths of young children.
Between 2009 and May 2012, there were 351 infant swing-related incidents, two of which resulted in death; 24 of the non-fatal incidents caused injuries.
Infant swings, as defined by the CPSC (U.S. Consumer Product Safety Commission), are “stationary juvenile products with a frame and powered mechanism that enables an infant to swing in a seated position.” Infant swings are meant to be used with infants from birth until an age where the child can sit up on his or her own. Travel and cradle swings are also held to the new federal standards, which include the following requirements:
- A more explicit warning label, advising consumers to use the swing in the most reclined position until the baby is four months old and is able to hold up their own head; to prevent slump-over deaths
- A stability test to ensure that the swing cannot tip over
- A test to prevent inadvertent folding
- Tests for restraint systems in order to prevent breakage of restraints or slippage during use
- Cradle swing surfaces must stay relatively flat while the swing is in use or at rest
- Swings that are electronically-powered must be designed to prevent overheating or battery leakage
- Toy mobiles must be designed so that toys will not detach if pulled
- Shoulder strap restraints must be included for any swing with seat angles greater than 50 degrees
- Identified static and dynamic load requirements to prevent breakage
The above standards will be effective as of May 7, 2013.
While these standards will improve the safety of infant swing sets, there are many more products that may pose safety hazards due to defective manufacturing or design.
At Blume Goldfaden, our product liability attorneys in New Jersey can help consumers pursue meritorious claims against negligent design and manufacturing companies when their products cause injuries to consumers. To find out whether you may be entitled to take legal action, contact us for a no-cost consultation at (973) 635-5400.
According to the WebMD.com, Energizer Holdings, the manufacturer of Banana Boat sunscreen, is recalling certain aerosol products due to the risk that the sunscreen will ignite if it comes in contact with an open flame.
There have been five reports of people catching fire during or after applying the spray-on sunscreen when in proximity to an open flame. Four of these fire burn cases occurred in the United States and one occurred in Canada. One of these incidents involved a man who was standing near a barbecue grill and another included a woman who was working with welding equipment. Both of these incidents resulted in second- and third-degree burn injuries.
The recall includes the following aerosol sunscreens:
- UltraMist Sport
- UltraMist Ultra Defense
- UltraMist Kids
More than 20 million of these products have been sold since 2010 when Banana Boat launched its UltraMist product line. The fire hazard has been attributed to a defective spray valve, which is allowing the release of an excessive amount of the sunscreen. As a result, the sunscreen is taking a longer time to dry, increasing the flammability risk. The U.S. Food and Drug Administration (FDA) has been notified of the recall.
Consumers who have purchased any of the above products should not use them. Additional information is available from the manufacturer at (800) SAFESUN.
If you or a loved one has been injured as the result of a defective product in New Jersey, the NJ defective consumer product lawyers at Blume Goldfaden can inform you of your legal rights and potential options. To find out if you may have a valid claim, call us for a no-cost consultation at (973) 635-5400.
The U.S. Consumer Product Safety Commission (CPSC) has announced the recall of approximately 97,000 Eddie Bauer rocking wood bassinets, manufactured by Indiana-based Dorel Juvenile Group, due to a suffocation hazard.
There have been 17 reported incidents involving infants, mostly younger than three months. Two of these incidents caused infants to experience breathing difficulties after rolling up against the side of the bassinet.
The hazard is the result of a defect in the bassinet’s bottom locking mechanism, which can fail to fasten properly if a spring isn’t installed. This may result in the bassinet tipping to one side, causing infants to roll to that side.
The recalled rocking wood bassinets have a dark wooden footboard and headboard and a cotton bassinet, which comes in many different patterns and colors. The words “Eddie Bauer” are on the footboard, printed on a metal plate. The bassinets have a dial at the base of the footboard that can lock or unlock the rocking feature of the bassinet. The recall includes bassinets with the following model numbers, which may be found on the wash and care label, on the surface of the mattress support board, or under the mattress:
The bassinettes were sold nationwide for around $150 at Toys ‘R’ Us, Sears, and Target stores as well as online from December 2007 through January 2011. Consumers should stop using the bassinets and contact Dorel Juvenile Group for a repair kit, free of charge. The kit includes a spring and new directions for assembly.
If your child has sustained injury as the result of a defective consumer product, the dedicated New Jersey product liability lawyers at Blume Goldfaden can help you determine whether you may hold the product manufacturer liable. To discuss your potential claim with one of our attorneys, call (973) 635-5400 for a no-cost consultation.
According to the Centers for Disease Control and Prevention (CDC), the number of recent meningitis cases caused by contaminated steroid injections has increased to 205, including 15 deaths, as of October 15, 2012. Seven NJ facilities received the potentially contaminated steroids. Fortunately, no deaths have been reported in New Jersey.
A National Public Radio (NPR) commentary on the recent outbreak confirms that federal officials place the total number of potentially infected people at 14,000, not the 13,000 that they originally thought. All of these patients received injections of the potentially contaminated steroids manufactured by New England Compounding Center (NECC). The majority of these injections were administered to the spine, but there have been two confirmed cases of peripheral joint infections caused by injections into other areas of the body. A fungus called Exserohilum is responsible for causing these cases of meningitis.
Lax oversight for compounding pharmacies has been an ongoing problem and regulatory authority for such pharmacies is out-of-date, according to a U.S. Food and Drug Administration (FDA) deputy commissioner. Compounding pharmacies are not the neighborhood corner drugstore anymore, but potentially operate on a national scale, warranting stricter regulations and quality control, which currently do not exist.
While more stringent regulations may have prevented the distribution of the potentially contaminated steroids, it is not lax regulations that caused this outbreak, but negligent manufacturing on the part of NECC.
If you have contracted an illness due to a defective or inadequately tested drug in New Jersey, the knowledgeable NJ dangerous drug lawyers at Blume Goldfaden can help you determine the best course of action for your particular potential claim. To find out whether you may have a meritorious claim, call us for a no-cost consultation at (973) 635-5400.
According to a U.S. Food and Drug Administration (FDA) announcement, New England Compounding Pharmacy, Inc., d.b.a. New England Compounding Center (NECC), has recalled all of its drugs and medical products due to potential risk of contamination.
The massive recall follows a nationwide meningitis outbreak attributed to contaminated preservative-free methylprednisolone acetate, a steroid produced and distributed by NECC. This particular steroid is used for epidural steroid injections to relieve pain.
According to the Centers for Disease Control and Prevention (CDC), the steroid was contaminated by a fungus, which resulted in a rare, non-contagious form of meningitis. The outbreak has resulted in 105 cases, including eight deaths across nine states as of October 8, 2012. While no cases have yet been reported in New Jersey, seven facilities in the state received the contaminated steroids. If you have been treated with steroid injections at any of the following facilities, per information provided by the CDC, you should seek medical attention immediately:
- Central Jersey Orthopedics Specialists, PC, South Plainfield, New Jersey – (908) 561-2122
- Edison Surgical Center, Edison, New Jersey – (732) 452-0123
- IF Pain Associates/Isaiah Florence, Teaneck, New Jersey – (201) 287-1100
- Premier Orthopedics Surg. Assoc., LLC, Vineland, New Jersey – (856) 690-1750
- Comprehensive Pain Management, Sparta, New Jersey – (973) 796-5216
- South Jersey Healthcare, Elmer, New Jersey – (856) 363-1558
- South Jersey Healthcare, Vineland, New Jersey – (856) 641-7557
If you or a loved one has suffered illness or injury as the result of a dangerous or defective/contaminated drug in New Jersey, the knowledgeable NJ product liability lawyers at Blume Goldfaden can examine your potential claim’s circumstances and help you understand your legal rights and options available to you. To learn more, call us for a no-cost consultation at (973) 635-5400.
According to an article on FoodSafetyNews.com, New Mexico-based Sunland Inc. has initiated a massive recall of all of its almond butter and peanut butter products after a multistate Salmonella outbreak.
Salmonella can cause serious and even fatal infections in frail or elderly people, young children, and people with weakened immune systems.
The rare strain of the food borne bacteria, called Salmonella Bredeney, which contaminated the almond and peanut butter products caused at least 29 illnesses in 18 states between June 11, 2012 and September 2, 2012, according to the U.S. Food and Drug Administration (FDA). These states include: Arizona, California, Connecticut, Illinois, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, Texas, Virginia, and Washington.
Sunland’s almond and peanut butter products were distributed to retail chains across the nation, including Trader Joe’s. The recalled butter products were manufactured between May 1, 2012 and September 24, 2012. Consumers who have purchased any of the almond and/or peanut butter products on this FDA recall list should dispose of it or return the product to the supermarket from where it was purchased for a full refund.
At Blume Goldfaden, we are committed to helping New Jersey residents who have been harmed by defective or contaminated products. Contact our NJ contaminated food attorneys to find out whether you may have a valid claim. Call (973) 635-5400 for a no-cost consultation of your rights and potential options.