2010 September Archive

Toshiba America, the Consumer Product Safety Commission, and Health Canada on Thursday, September 8, announced the voluntary recall of 41,000 defective T series notebook computers. The computers have a problem with overheating at the plug-in to the AC adapter. Toshiba has had taken calls from 129 unhappy computer customers who have reported burn hazards with the computers overheating and deforming the plastic casing. In at least two cases there had been additional property damage from the overheating computer.

Consumers should stop using the computers. It is also illegal to resell a computer that has been recalled according to a Sept. 2 CPSC press release.

The recalled models to look for are the Toshiba Satellite T135, Satellite T135D and Satellite Pro T130 notebook computer models. Look for the model and numbers printed on the bottom of the computer. Or you can look to see if your model is involved in the laptop by visiting: laptops.toshiba.com/about/consumer-notices. Download latest BIOS software to determine if your laptop has been overheating. Toshiba is also available at 800-457-7777.

The computers were made in China but distributed worldwide. They were sold from August 2009 to August 2010 for between $600 and $800.

Product Liability
You can receive compensation when you are harmed by a defective product that was represented to be in good working order. Even if you have used the product in a way it was not intended, the manufacturer should anticipate any unforeseen product use and may still be held liable. A Florida product liability attorney will be able to determine the extent of liability.

Since many products are made outside of the U.S., a defect may have occurred in the manufacturing process overseas. However, if the corporation making the profit is selling the product in the U.S., it is subject to domestic laws regarding product liability.

Just as we are half way through the hurricane season comes a warning to consumers about over promises some salesmen are making about window film, designed to prevent windows from sending flying shards of glass in a hurricane.

Attorney General Bill McCollum is warning that consumers may have a false sense of security after hearing the promises by manufacturers and aggressive salesmen. Consumers are encouraged to investigate the hurricane protection claims.

McCollum tells Consumer Affairs that his office has found some consumers may have been misled that the hurricane protection film they are considering for their home windows has been approved for residential use. In reality, the film is intended for commercial use and the state building code does not approve any film for residential structures.

Concerned consumers are also being promised that using window film to strengthen windows will bring them insurance discounts. Since there is no residential standard for window film, that may not be true. Even the industry, the International Window Film Association finds some sales companies are not being truthful. Also, some manufacturers are not members of the professional association, therefore are not held to any standards.

Who is held responsible?
When a product is sold to consumers, there is an outright promise that it works as promoted. After all, that is what you are paying for. If the product fails, you may have a product liability action against the manufacturer and everyone along the distribution line. The Florida product liability attorneys at Farah & Farah have the experience to research the chain of commerce and determine who is at fault for selling, manufacturing and distributing a defective product.

The Consumer Product Safety Commission (CPSC) says beware of this type of Black & Decker orbital sander – it can present a laceration hazard.

The CPSC must work in coordination with the manufacturer to issue a recall, then called a voluntary recall. On Thursday, September 9, the CPSC announced the recall of the Black & Decker Random Orbital Sanders, about 192,000 in all. Consumers are warned to stop using the product immediately because of the danger of cutting you if the black plastic disc that holds the sandpaper flies off during use. The black plastic disc is called the platen.

There have been 73 reports of these types of accidents involving this defective product. Fifteen individuals were injured from the flying pieces. In one case, a serious facial laceration occurred.

Here is the description from B & D:

Description: This recall involves Black & Decker random orbit sanders with model numbers RO400, RO400G, RO410, RO410K, RO410LW and FS3000ROS and date codes between 200701 and 200929.

Look for sanders that are black and orange with the model number on the label. There should be a code with the date on the underside of the sander. These cost about $40 new and were sold nationwide from January 2007 through July 2009.
The sander is made in China. Black & Decker will supply consumers with a replacement platen.

Or you can contact Black & Decker toll-free at (866) 220-1767 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website at www.blackanddecker.com.

The law holds manufacturers, sellers, and distributors responsible for products that pose a danger to users as a result of design and/or manufacturing defects. If a product has injured you, you may be able to recover for your injuries under product liability or negligence law. Florida defective product recall attorneys would be happy to answer any questions.

Consumer Reports, the nonprofit consumer group, says it has tested more than 30 children’s products for lead, cadmium, and other metals and the results are “worrisome.”

Using a technique called the X-ray fluorescence, the October issue of Consumer Reports magazine finds toxic metals in a rhinestone hair barrette, a vinyl rain coat, and clover shaped cell phone charm, reports CNN.

The group had been looking for lead and increasingly for cadmium, a metal that has been used to replace lead. It is commonly found in paint and batteries and currently the Consumer Product Safety Commission (CPSC) has no standard for cadmium, though a standard is under development.

The clover leaf charm, which is sold at retailer Claire’s, was found with 100,000 parts per million of total lead, which is illegal to use in children’s products. Claire’s markets its jewelry and trinkets to young customers. In May, the company voluntarily recalled a charm bracelet found to contain a large level of cadmium.

The barrette with high levels of cadmium was made by Revlon Couture Hair Accessory Barrette. A product for an adult is less likely to find its way to the mouth of a child, which is the most common way for a child to come in contact with the toxic metals.

The Kidorable bumblebee raincoat, was marketed to youngsters and reformulated two years ago because it contained lead. But the magazine found on store shelves the old version complete with the toxic metal. Consumers are advised to use lead and cadmium testing kits and to remove cheap metal jewelry from children as well as check kid’s toys against a government recall list.

Manufacturers, along with sellers and distributors, are responsible for the safety of the products they sell. If you have been injured by a defective product, created by either a manufacturing or design defect, you may be able to recover for your injuries under product liability or negligence law. The Florida defective child products attorneys at Farah & Farah would be happy to answer any questions you may have.

All Terrain Vehicle (ATV) crashes are in the news almost weekly and almost always involve the death or injury of young riders.

In Pasco County, recent high school graduates, Dan Brown and Steven Villarreal, were killed in a collision on their Arctic Cat ATV. In July, two Dade City teens died when their ATV collided with a sport utility vehicle, according to an article on Tampa Bay Online.

On Saturday, September 4, four teens from Hudson were seriously injured when their ATV collided with a pickup truck in Pasco County. Two youths, ages 12 and 16, were riding together on a Honda Sports Trac ATV, according to the Florida Highway Patrol.

Neighbors say teens often drive in the rural Pasco County neighborhood instead of off-road, which ATVs are designed to travel.

ATV Safety
The Consumer Product Safety Commission (CPSC) finds that ATVs are often used improperly. An ATV is supposed to be driven by a single rider, but the CPSC finds that tragic accidents often had young people riding together on the vehicles.

An ATV is designed to take the ruts in a rural dirt road. A rider must shift his weight to adjust to the ruts in the road which is impossible to do when there are passengers on board.

Since 1982, about 10,000 people have been killed in ATV accidents with nearly one-third under the age of 16. In 2008, nearly 38,000 children were treated in emergency rooms after being injured on ATVs. Hundreds of thousands of ATVs have been recalled for defective designs and a manufacturer who knows about a defective design may be guilty of a failure-to-warn the public.

If you or a loved one has been injured in an ATV accident in Florida, the defective design of these unstable vehicles may be to blame if the person was riding the ATV in a way that was suggested by the manufacturer. The Florida personal injury attorneys at Farah & Farah would be happy to answer any questions you may have.

A couple of months ago, parents were all over the internet writing that their little ones had severe diaper rash and Pampers Dry Max was to blame. The Dry Max was a new brand from Pampers. Parents suspected some toxic component might have made its way into the fabric.

Now the Consumer Product Safety Commission in a new report says not to worry – there is no problem with Pampers Dry Max and they are not linked to the diaper rash. The agency said “Most babies exhibit diaper rash at least once in their lifetime. If parents or caregivers believe that their child is suffering from a rash that they believe to be related to a diaper, CPSC staff suggests that they discontinue use of the diaper and contact their pediatrician.”

What was interesting with this situation was the role social media played. Thousands of parents called for Pampers to bring back their old diapers on a Facebook fan page. Consumers preferred the old diaper over the new “improved” version.

The consumer agency says there is not yet a cause linked to the rashes from Dry Max diapers. The CPSC reviewed about 4,700 consumer reports from the U.S. and Canada to come to its conclusions. What’s interesting is about 85% of those reports came in May and then dropped off. It is possible that some defective products were produced then, but unless it was followed up immediately, no one would have old diapers around anymore.

The CPSC looked at the construction of the diaper, its materials, and whether it retained heat and moisture in coming to its conclusion that the diapers were not a defective product. Data was submitted by Procter & Gamble (P&G) the maker of Pampers.

CPSC says that it has not ruled out the possibility that a health concern might exist for some babies. If you experience any problem with Dry Max diapers made by Pampers, you are encouraged to contact the CPSC’s Hotline at (800) 638-2772 or go to www.cpsc.gov.

Meridia was approved by the Food and Drug Administration as an appetite-suppressant drug 14 years ago. Now an advisory committee of the FDA will meet to determine if Meridia should stay on the market. The reassessment of Meridia (sibutramine) is being conducted following the SCOUT trial, which is published in the New England Journal of Medicine (NEJM). It finds that Meridia increases the risk of heart attacks and stroke. With this new information, the panel will be asked whether the drug should be re-reviewed for approval.

Abbott Laboratories makes Meridia. The FDA advisory panel will meet September 15 to review the SCOUT trial outcome which found more than 11 percent of those who took Meridia suffered a heart attack or stroke compared with 10 percent on the placebo.

European regulators have already pulled the drug from store shelves. But this is the U.S. and Meridia is expected to generate $100 million in profit for Abbott this year. It has long been questioned why the drug remained on the market for fourteen years given that trial participants lost an average of just over nine pounds during a six-year study.

Steven Nissen of the Cleveland Clinic says with the risks considered, Meridia has more risks than benefits. Public Citizen’s Sidney Wolfe wonders why the drug remains on the market. Even the researchers of the study conclude the drug should continue to be available under prescription but with a strong warning for people who’ve had a heart attack or stroke.

Product liability is an area of the law that allows consumers injured by defective products to be compensated for their injuries or illness. A defective product can cause injuries when it fails, is improperly designed, improperly labeled, or made of shoddy materials. The liability can extend to the manufacturer, supplier, and retailer or distributor of the product. Product liability law applies to many of the prescription medications which are approved by the FDA but later found to be defective or improperly labeled. An experienced Florida product liability attorney will be able to discuss the particular details of a case to determine if the claim is valid and how best to move forward in pursuing a lawsuit.

Botox is used by thousands of Americans to smooth out wrinkles. Made by Allergan, the botulism toxin is also promoted by the company for off-label use including to treat the clenched limbs from juvenile cerebral palsy, headaches, and spasticity. The U.S. Food and Drug Administration (FDA) has given Allergan limited approval for Botox to be used for “off-label” use to treat these conditions, but now the agency says Allergan has gone too far in aggressively promoting Botox use off-label. Allergan has agreed to pay a $600 million fine to settle charges stating it illegally promoted the drug for off-label uses to maximize sales.

Consumer Affairs reports Allergan has pleaded guilty to misbranding Botox. That misdemeanor charge is a violation of the federal Food, Drug and Cosmetic Act. The settlement has yet to be approved by a federal judge. Allergan, based in Irvine, California, has been sued both civilly and criminally in a U.S. District Court in Atlanta.

Among the actions is a class action lawsuit which states that the drug killed at least three people including a seven-year-old girl who was receiving Botox to control spasticity from cerebral palsy. Other deaths attributed to Botox use include a 69-year-old Texas nurse who had been receiving Botox injections for neck and shoulder pain, and a 71-year-old who was having Botox injections at a mall clinic for wrinkles around her mouth. Botox has not been approved for either of those uses. At least a dozen other patients have been left with disabilities after being injected with Botox and a similar product, Myobloc.

While the drugs do relax muscles, they contain a nerve toxin that can travel to respiratory muscles making it difficult for users to swallow and breathe. The drug may also travel within the body from the injection site. The consumer group, Public Citizen has found 16 deaths due to injections of Botox or Myobloc from November 1997 to 2006.

Thousands of patients receive injections of these wrinkle fighters with no warning about the devastating side effects. Patients should be fully informed before agreeing to be injected with the Botox or any other similar substance, for whatever reason.

The Jacksonville defective product attorneys at Farah & Farah would be happy to answer any questions from those who have sustained injury or lost a loved one after Botox injection.

Bayer Healthcare is promoting a new birth control pill that promises to be an improvement over its former blockbuster, Yaz. If the thousands of product liability lawsuits filed against Yaz are any indication of what’s to come, that is not promising much.

The new pill is called Natazia. It contains a form of estrogen never before used in an oral contraceptive.

Bayer was known to make many far reaching promises in its ads for Yaz. After the birth control pill was marketed in 2006, it quickly became a best seller bringing Bayer $800 million in profits last year. The Jacksonville Yaz side effect attorneys at Farah & Farah are representing women in product liability cases who have been injured by the contraceptive’s dangerous side effects such as blood clots.

Like Natazia, Yaz was also a new chemical formulation and was promoted for multiple purposes. Brightly colored balloons in the commercial promised women would be able to say goodbye to headaches, a bad complexion, muscle aches, acne bloating, an increased appetite, and feeling anxious and moody. NPR quotes Ruth Day of Duke University, a professor who advises the FDA as saying that she has never seen an ad that makes such sweeping claims.

The FDA said the ads were misleading and the agency ordered Bayer to run a corrective commercial. But the original ad was effective.

And the side effects were profound. Women who took Yaz and a similar pill, Yasmin, suffered a 64% higher risk of blood clots than those women taking pills that were developed decades earlier, according to research published in the British Medical Journal. Bayer disagrees with the findings.

NPR reports that there are 2,700 women suing Bayer over Yaz. Not surprisingly, sales have dropped so Bayer is launching its new birth control pill.

Warning- Natazia has only been tested on 3,000 women pre-market and contains hormone combinations never used before. Does this sound familiar?