New Jersey Personal Injury Blog

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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

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.

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.

Innovation of Medical Devices Demonstrates Need for Appropriate Regulation

The implantation of medical devices can have many health benefits, or, can be detrimental to a patient, and cause injury or death. According to The New England Journal of Medicine (NEJM), this is due to an outdated device-approval system that may not require clinical trials before devices are implanted in patients on a wide scale.

The U.S. Food and Drug Administration’s (FDA) device-approval system of 35 years ago dealt with fewer and simpler devices. Now, even though technological and medical advancements have created more numerous and complex devices, the FDA continues to use the 35-year-old system. The system is not capable of ensuring safety or effectiveness today.

An example of the shortcomings in the antiquated FDA system is the metal-on-metal hip implant design of the DePuy ASR XL Acetabular System, which was cleared through the FDA in a process which only requires that a new medical device be “substantially equivalent” to a previously marketed device; with no need for clinical data necessary. According to a report presented at the British Hip Society Annual Conference, 21 percent of these hip implants failed and had to be replaced after 4 years, and 49 percent had to be replaced after 6 years. The failures were caused by erosion of the metal with subsequent contamination of the bloodstream and surrounding tissues with metallic particles.

The failure of the DePuy hip implant demonstrated the inadequacy of the established FDA medical-device approval system. On July 29, 2011, the Institute of Medicine (IOM) released a report on the clearance process in an FDA-commissioned report. Although the IOM recommended that the old clearance criteria be eliminated, the FDA does not intend to do so. The IOM report has been attacked by the medical device industry, whose goals seem to be significantly geared toward maximization of profit as opposed to device and patient safety.

If you or a loved one has suffered injury or illness as the result of a dangerous or defective product (medical or otherwise), the experienced product liability attorneys in New Jersey at Blume Goldfaden can help determine whether you may have a meritorious claim. To learn more about your legal rights and options, contact us for a no-cost consultation at (973) 635-5400.

CPSC Re-announces LG Electronics Dehumidifier Recall due to Home Fires

After Hurricane Irene and consistent rainy weather on the East Coast, many consumers may be using dehumidifiers as they address any damage to their homes or belongings. East Coast residents should take special notice of this recall announcement regarding various makes of dehumidifiers.

The Consumer Product Safety Commission (CPSC) and LG Electronics re-announced the recall of approximately 98,000 Goldstar and Comfort-Aire Dehumidifiers due to fire and burn hazards. The original recall was announced in December 2009 after 11 reported incidents, including four significant fires caused by the dehumidifiers. Since then, another 16 incidents have been reported, including nine significant fires. More than $1 million in property damage has been reported, including $129,000 in damage to a home in Brielle, NJ.

The recalled products were sold for between $140 and $150 at Walmart, Do It Best, The Home Depot, Ace Hardware, Orgill Inc. and other retailers across the nation from January 2007 through June 2008. They include Goldstar and Comfort-Aire 30 pint portable dehumidifiers. The models are white and include a red shut-off button, humidity control, fan speed controls and a front-loading water bucket. The brand name is printed on the front and the model and serial numbers can be found on the interior of the dehumidifier and may be seen when the water bucket is removed.

For a list of the recalled model and serial numbers, please visit the CPSC recall page. Consumers may contact LG Electronics at (877) 220-0479 to verify if their dehumidifier is included in the recall and then return it to an authorized LG service center for repair at no cost.

At Blume Goldfaden, our experienced New Jersey defective consumer product attorneys have recovered significant compensation for clients with meritorious product liability claims when the use of a product resulted in an injury. To learn more about your legal rights and to determine whether you may have a valid claim, contact us at (973) 635-5400 for a consultation at no-cost.

Yu Wei Company Recalls 8,000 Drop-Side Cribs due to Entrapment, Suffocation Hazards

Yu Wei, in cooperation with the U.S. Consumer Product Safety Commission (CPSC), is recalling approximately 8,000 drop-side cribs that were sold exclusively through JC Penny due to a defect that creates potential entrapment and suffocation hazards. There have been nine reported incidents where the drop side rails have detached or malfunctioned, one of which resulted in child injury.

The drop-side rails of the crib can detach, unexpectedly fall down, or otherwise malfunction, causing part of the crib’s drop side to be out of its correct position, resulting in a space where a toddler or infant can become trapped or wedged. This entrapment can lead to suffocation or strangulation. The out-of-position drop-side can also pose a falling hazard.
The affected drop-side cribs include Yu Wei full-size cribs sold under the model names of Lauren and Scroll. They were sold at jcpenny.com and through the JC Penny catalog for between $300 and $450 from January 2006 through December 2010. The cribs were sold in dark cherry, pecan, and antique colors, and have the following date and model number combinations, which can be found on the inside of the end panels:

• Scroll Crib, Model 343-8225, Date Code 01/2006 to 12-2010; and
• Lauren Crib, Model 343-9117, Date Code 01/2007 to 12/2010.

Owners of a recalled cribs should stop using it immediately and contact Yu Wei for an immobilizer kit that will immobilize the drop-side, free of charge. It is also recommended that parents find an alternate sleep environment for their child until the defective crib is repaired. Additional information is available through the manufacturer at (877) 806-8190 or on their website: www.yuweicribrecalls.com.

If your child has been injured by a defective product, then you may be entitled to recover monetarily for his or her injuries and the costs associated with their medical and other care. At Blume Goldfaden, our defective product lawyers in New Jersey can help you determine if a manufacturer may be responsible for the injuries associated with the use of their product. Call us at (973) 635-5400 to determine whether you have a meritorious claim.

CPSC Announces Recall of Real Flame Pourable Fuel Gel Due to Burn Hazards

After the initial September recall announcement of pourable fuel gels produced by nine manufacturers, the U.S. Consumer Product Safety Commission (CPSC) has released updated details on the recalls by Real Flame and other pourable gel fuel manufacturers. Real Flame of Wisconsin is voluntarily recalling approximately 100,000 bottles of Pourable Gel Fuel due to flash fire and burn hazards.

These defective gel fuels can ignite inadvertently and splatter onto objects and people close by when poured into a still-burning firepot. If the gel fuel splatters and ignites, it can cause a fire and/or burn injuries. Although there have not been any reported injuries caused by Real Flame gel fuels specifically, the CPSC has reports of 65 pourable gel fuel incidents which resulted in two fatalities and 34 burn injuries.

The recalled Real Flame pourable gel fuels were sold in 29.98 ounce and 29.9 ounce one-quart clear plastic bottles. They may or may not have been sold with citronella oil. The container label has a stylized flame and the words “Pourable Gel Fireplace Fuel” and “Real Flame”. The fuel is intended to be poured into a stainless steel cup in the middle of ceramic firepots, or other lighting devices, and lit. The recalled gel fuels were sold for between $10 and $13 at Target.com, JCPenny.com, Meijer.com, Amazon.com, Realflame.com, and Sears.com from January 2009 through August 2011, and include:

• 29.9 ounce pourable gel fuel, model number 2164, SKU 752-370012641;
• 1 quart pourable gel fuel, model number 2164, SKU 752-370012641; and
• 29.98 ounce gel fuel with citronella, model number 2165, SKU 752-370021658.

To prevent fires and/or burn injuries in New Jersey, consumers should stop using the pourable fuel gel and return it to Real Flame for a complete refund. For additional information, consumers may contact Real Flame at (866) 918-8766 free of charge.

At Blume Goldfaden, our knowledgeable New Jersey defective household product attorneys have experience in helping clients recover compensation for their meritorious product liability claims. If you have been injured by an unsafe or defective product in New Jersey, contact us for a no-cost consultation at (973) 635-5400.