Defective Child Products

The Enfamil infant formula has unofficially been linked to cases of four infant infections but there is not enough evidence to issue a recall, according to federal and state health officials. The Cronobacter infection was found in the infants who all had consumed Enfamil. The formula was removed from store shelves by some major retailers after infants died in Missouri and Florida. Those states, along with Illinois and Oklahoma, all had recent cases. The infants in the two other states are recovering.

It is unclear whether the severe bacterial infection came from the formula or the water it was mixed with. Symptoms usually begin with a fever, crying, and a lack of energy. Cronobacter can cause bacterial sepsis or infection in infants, along with meningitis. A U.S. Food and Drug Administration (FDA) inspection of the manufacturing facility has come up negative for the Cronobacter bacteria. Mead Johnson, maker of the formula, says its tests too have come up negative. But retailers Supervalu, Price Chopper, Walgreens, and Walmart are all reportedly reluctant to return the product to store shelves. Infections are rare with only a maximum of six cases reported a year. It’s one of the reasons health officials recommend breast feeding and feel it is superior over formula.

Interestingly, Consumer Affairs reports that when the U.S. Centers for Disease Control and Prevention (CDC) checked the DNA fingerprint, the cases in Missouri and Illinois differed genetically which suggests they’re not related. Florida and Oklahoma’s cases are not yet available.

Product Liability

When a product is defective, it can injure and kill consumers. Manufacturers have a responsibility to ensure that what they sell to the public is safe for consumption or use. If not, the manufacturer, the designer, and/or the distributor can be held liable for any injuries or deaths that result. It takes an investigative team from an experienced Florida product liability law firm to uncover whether the defect is in the manufacturing or design of the product, or in its failure to adequately warn about the product’s potential for danger. For a free consultation with an Orlando child product recall lawyer at the law firm of Farah & Farah, call (800) 670-1464.

Source: http://www.consumeraffairs.com/news04/2012/01/no-need-for-formula-recall-feds-find.html

The federal U.S. Consumer Product Safety Commission (CPSC) and Health Canada issued a press release Wednesday, December 28, announcing the recall of a defective Pottery Barn Bed for Kids with a canopy that has collapsed and injured children. The defective canopy belongs to the Madeline Bedroom Collection made by Pottery Barn, a division of Williams-Sonoma. The recall extends to 7,700 beds sold in the U.S. and about 230 in Canada. The company has received reports that the connection holding the posts to the top rail can come loose allowing the canopy to fall and injure those on the bed.

There have been 3 reports of canopy failure that caused cuts, bruises, and bumps. None of the injuries were serious, and one required stitches. The defective canopy beds were sold from December 2003 until August of 2011, according to the CPSC. The canopy component was made in Vietnam and sold for $150 to $300.

Consumers are asked to stop using the canopy, remove it from the bed, and contact Pottery Barn to receive a repair. The toll free number for information is (855) 662-4114, or visit their website at www.potterybarnkids.com. It is illegal to resell any item that has been recalled.

The CPSC is asking consumers who have been injured or have experienced the canopy falling to contact the federal agency and report the experience.

Product Liability

A product can be defective in the way it was manufactured, in its basic design, or in the way it’s sold with the accompanying literature that underestimates the potential for danger. If your child has been injured by a defective product, an experienced Florida child product recall attorney can determine where the liability lies to recover the costs associated with the injuries. Farah & Farah can be reached at 1(800) 533-3555 to discuss your product injury and the avenues for recovery.

Sources: http://www.prnewswire.com/news-releases/madeline-bed-canopy-recalled-by-pottery-barn-kids-due-to-impact-hazard-136311368.html

The Florida Public Interest Research Group (Florida PIRG) says watch out parents – some of the toys that might brighten your child’s Christmas could contain hazardous substances. Florida PIRG released its “Trouble in Toyland” annual report on Tuesday, November 22. The group suggests the first thing you do before shopping for children’s toys is to check the Consumer Product Safety Commission website (CPSC.com) which clearly lists the latest defective product recalls and comes complete with images of the toys in question.

According to an article in First Coast News, some of the more dangerous toys include:

• Plastic Groucho Marx glasses with about 42,000 parts per million (ppm) of phthalates, about 441,000 ppm over the government standard. The plasticizers that make toys more flexible come from solvents and additives and are linked to developmental delays in children.
• Hello Kitty eye shadow contained lead, which also has a profound effect on children’s ability to learn and is a neurotoxin. The eye shadow had 100 parts per million lead, but the American Academy of Pediatrics is pushing for a 40 ppm standard.
• ’A Little Hands Love’ book also had about 720 ppm lead, well beyond the 100 ppm limit.

Children will handle a toy and tend to put their hands in their mouth, leading to even greater exposure to phthalates and lead.

Another problem with defective toys is that some are too small and present a choking hazard. Over a ten-year period, ending in 2009, 200 children died from choking hazards in toys, according to the Fl PIRG news release. Some of those toys remain on store shelves.

Also, check the noise level of some toys which are known to exceed the hearing standards for safety.

Product Liability

A defective toy is one that was poorly made or designed, or a when a manufacturer fails to adequately warn the public about the defect. If you or a loved one has suffered an injury from any defective toy or product, the child product recall attorneys in Jacksonville of Farah & Farah will offer you a complimentary consultation to discuss your options, which may include a product liability action. Our number is 1(800) 533-3555.

Source: http://www.firstcoastnews.com/news/florida/article/227904/4/High-Levels-of-Toxic-Chemicals-Found-in-Some-Christmas-Toys; http://www.floridapirg.org/news-releases/toy-safety/product-safety/annual-survey-finds-toxic-or-dangerous-toys-on-store-shelves

The U.S Consumer Product Safety Commission (CPSC) announced on Tuesday, October 11, that more than 400,000 jogging strollers would be recalled in the U.S. and 27,000 in Canada because of a choking hazard. The stroller is imported from Taiwan and China by B.O.B Trailers Inc. of Boise, Idaho. Consumers are advised to stop using the strollers immediately. It is also illegal to sell the defective consumer product.

With 411,700 sold in the U.S., the stroller presents a choking hazard to young children as the canopy’s embroidered logo patch can come off of the stroller. Six children were found to have the patch in their mouth and two children choked. In February, 357,000 of the strollers were recalled because the canopy drawstring presented a strangulation hazard.

The strollers involved in the latest recall were made between November 1998 and 2010. Even if your stroller does not have a manufacturing date, it will be included in the recall, including both the single and double-seat models. The brand name will be embroidered on the canopy of the stroller and say either “BOB,” “Ironman,” or “Stroller Strides.” They were sold at REI, Babies R’ Us, and other children’s stores for between $280 and $600.

Contact the manufacturer for information on removing the logo at (855) 242-2245 or visit www.bobnotices.com. Health Canada has issued a separate web site notification at http://cpsr-rspc.hc-sc.gc.ca/PR-RP/recall-retrait-eng.jsp?re_id=1411.

Defective Product Litigation

If you or a loved one is injured by a defective product, a product liability action can be filed to recover medical expenses and any other financial losses including wages, as well as pain and suffering. The action can be filed against all of the responsible parties including the manufacturer, the designer, the entity responsible for the label and warning information, and the distributor. The experienced Jacksonville child product liability lawyers with Farah & Farah will be your ally in this effort.

Source: http://www.cpsc.gov/cpscpub/prerel/prhtml12/12006.html; http://photos.prnewswire.com/medias/switch.do?prefix=/appnb&page=/getStoryRemapDetails.do&prnid=20030904%252fUSCSCLOGO&action=details

The recall of two brands of dangerous drop-side cribs are in the news again because of the dangers they pose to infants. The Consumer Product Safety Commission (CPSC) along with Health Canada have announced a recall of about 2,300 cribs in the U.S. and 800 in Canada made by Shermag Inc. of Quebec, Canada. The CPSC reports there have been 21 incidents of a drop side of the crib becoming detached from the bed, creating a gap in which an infant or toddler can become entrapped and suffocate. Fortunately this recall was not sparked by any injuries.

The CPSC previously announced it wants all drop-side cribs off the market because of the hazards they pose. The cribs are made in China. Consumers are warned to stop using the cribs and request a free repair kit that does not allow the one side of the crib to drop. Shermag can be reached at (800) 567-3419 between 8 a.m. and 4 p.m. ET Monday through Friday, or visit the firm’s website at http://www.shermag.com.

The other recall covers about 8,000 drop-side cribs available at J.C. Penny, which purchased the cribs from manufacturer Yu Wei Co. Ltd of Taipei, Taiwan. In this case, one child was injured and nine incidents of drop-side malfunctions were reported to the CPSC. The cribs are sold under the Lauren and Scroll model names and the CPSC website has more model information. Consumers should stop using the crib and order a free immobilization kit thru Yu Wei at (877) 806-8190. The CPSC has photos of the crib involved on its website.

Many drop-side cribs are still being sold through garage sales or second hand stores.

The Jacksonville recalled product lawyers of Farah & Farah warn parents never to use any crib that is older than ten years and not to use any crib with missing parts. Make sure the drop side does not leave gaps between the floorboard of the mattress and the frame of the crib. You can check to see if your crib has been recalled on the CPSC website at http://www.cpsc.gov/

Source: http://www.prnewswire.com/news-releases/shermag-recalls-to-repair-drop-side-cribs-due-to-entrapment-suffocation-and-fall-hazards-130788388.html

The Associated Press reports the U.S. jewelry industry will limit the amount of the toxic metal cadmium in children’s jewelry trinkets sold in this country in new rules set last week. The rules were established by the ASTM International organization, which develops standards for industry and testing labs. The limits are voluntary and follow at least one year of cadmium-related recalls of about 300,000 items of children’s jewelry.

Fair Warning reports this is part of a movement to push back on tough anti-cadmium laws that some states have approved. Cadmium is a known carcinogen and can be released in alarmingly high levels if a child puts the jewelry or their hands in their mouth. Much of the cadmium-containing jewelry is made in China.

The new standard approved by ASTM International would limit cadmium in items to no more than 0.03 percent. That limit was part of a legal settlement reached between the Target and Gap retail chain stores and the Oakland-based Center for Environmental Health.

Some states have a lower cap standard for cadmium and are resisting the business-backed standard but the U.S. jewelry industry says the stricter rules create chaos from importers and manufacturers. Since the new rules are voluntary they do not trump state limits but the U.S. Consumer Product Safety Commission will use them to decide whether to pursue future recalls.

States with cadmium laws are California, Maryland, Connecticut, Minnesota and Illinois. Florida, New York and Massachusetts have pending legislation.

A product that is defective and causes injury can not only be the subject of a recall but of a product liability lawsuit for its defective design, manufacture or for failure to warn consumers of the dangers. Farah & Farah’s product liability attorneys in Jacksonville are experienced in handling these sometimes complex cases. Call us with any questions at 1-800-533-3555 and we’ll offer you a complimentary consultation.

Source:http://www.fairwarning.org/2011/09/jewelry-industry-pushes-voluntary-curb-on-toxic-cadmium-in-kids-items/

A study released by The Ecology Research Center on Wednesday, August 3, found that 60 percent of children’s car seats contain toxins such as bromine and chlorine. The research center used X-ray Flourescence (XRF) scanners to test over 150 car seats identifying their chemical composition. The center says the test is limited in that it cannot determine if the chemical is inside the product or exists on the surface. Sixty percent tested positive for at least one of the chemicals.

The presence alone of bromine and chlorine does not mean they are present at toxic levels, though children chew on seats and put their hands in their mouth possibly ingesting the elements. Foam, plastic and fabric also sit in very hot cars in Florida which encourages the chemicals to off-gas. A new car seat is also more likely to leach its components into the air.

Of course, not using a car seat is not an option in Florida, which has a mandatory primary seat belt law. Every child is required to be strapped in whether in the front or the back, though children are definitely safer in the back of the car. Do not put children in the front when they are small as the force of an exploding air bag could cause serious injury.

The Ecology Center, in Ann Arbor, Michigan reports that bromine is associated with flame retardants and chlorine indicates the presence of polyvinyl chloride, or the plasticizer, PVC, which is an endocrine disrupter. These chemicals are linked to allergies, impaired learning, liver toxicity, cancer and birth defects, according to The Ecology Center in issuing its report, and they are particularly hazardous to little bodies that are still growing. For the most toxic car seats, visit http://www.ecocenter.org/press-release/2011/hazardous-flame-retardants-and-chemical-additives-found-60-percent-2011-child-car.

Source: http://news.consumerreports.org/safety/2011/08/report-60-percent-of-childrens-car-seats-contain-toxic-chemicals.html?EXTKEY=NS0S01108

The source of a bacterial infection that caused brain damage to one of two twin boys shortly after their September 1, 2007, birth remained a mystery, until now. While the other boy is now three and a talkative preschooler, the brain damaged twin cannot speak or walk and has mental delays and cerebral palsy. His parents suspected the rare Bacillus cereus infection came from the hospital, but now the parents believe the source is the alcohol prep pads made by the Triad Group of Hartland, Wisconsin, and they have amended their medical malpractice claim to hold the company accountable. The firm that makes the pads, H&P Industries, has made no comment to MSNBC.

The evidence linking the boy’s condition to the wipes is circumstantial. The infection found in the boy’s bloodstream is the same organism found in the prep pads which led to a recall in January of more than $6 million in Triad products. The company is now under federal order not to make any medical supplies. The U.S. Food and Drug Administration (FDA) has received reports of eight deaths and 11 serious infections as well as 250 problems associated with products made by the company. Two deaths have been blamed on Bacillus cereus.

While the parents had sued the hospital, the amended lawsuit names the company that makes the alcohol wipes and the pharmaceutical company that repackages and distributes the alcohol wipes contending that the bacterial contamination could have come at any step along the way from the source to the consumer. Under product liability law in Florida, the product could be defective in design, manufacturing, in marketing and in distribution.

The Triad alcohol wipes were part of a newborn care kit used to treat the prematurely born baby and his medication vial that delivered drugs to the baby. Government inspectors had found problems in the Wisconsin plant as far back as 2000 but the FDA depended on the plant to voluntarily comply with safe standards voluntarily, reports MSNBC.

The family hopes to receive a lifetime of care for their young son and change the products’ quality control practices and how FDA inspections and follow-throughs are conducted.

Source: http://www.msnbc.msn.com/id/43687844/ns/health-tracking_tainted_wipes/t/lawsuit-ties-tainted-wipes-twins-brain-damage/

Federal consumer regulators have long promised to phase-out the defective drop-side baby crib because of its faulty and dangerous design. Now the timetable has been announced, according to a report on ConsumerAffairs.com. The U.S. Consumer Product Safety Commission (CPSC) on Monday, June 20, announced that beginning June 28, crib manufacturers must stop making and selling the drop-side design. In a concession to companies that rent cribs as well as hotels and motels, they will have until December 28, 2012, to replace the defective cribs with non-drop-side versions. There are more than 935,000 drop-side cribs in circulation in hotels, motels, and as rentals.

In announcing the change, CPSC Chair Inez M. Tenenbaum said drop-side cribs have been associated with at least 32 infant suffocations and strangulations since 2000. Babies can become lodged between the drop side and the mattress or fall out of the crib when the slats separate from the frame. Additionally, deaths have occurred when defective hardware failed compromising the structure of the drop-side. Smaller stores had claimed the new rules presented an economic hardship but the commission voted 3-2 to stand with the date for phase-out.

Besides stopping the sale of the defective drop-side cribs, the new standards make mattress supports stronger and improve slat strength; force hardware to become more durable; and make safety testing more stringent. These tougher standards actually were mandated in 2008 through the Consumer Product Safety Improvement Act.

Any drop-side crib that is not sold by June 28 must be destroyed. Retailers may end up destroying between 10,000 to 20,000 cribs that go unsold. Others are being offered to the public with deep discounts by retailers. Consumers should be aware that many of these defective children’s products are also sold in second hand stores or in garage sales.

Unlike defects in manufacturing, design defects are present from the inception of the product. According to Florida law, a product liability claim must show negligence on the part of the designer or manufacturer. With drop-side cribs, the defective design was so apparent from the beginning that they never should have been manufactured in the first place and certainly should not continue to be sold.

The defective product attorneys in St. Augustine at Farah & Farah want you to know that the law requires products meet the ordinary expectations of the consumer. Certainly these drop-side cribs fail by that standard.

Sources: http://www.consumeraffairs.com/news04/2011/06/new-safety-standards-outlaw-drop-side-cribs.html and http://www.cpsc.gov/onsafety/2011/06/the-new-crib-standard-questions-and-answers/

A class-action lawsuit has been settled with Procter & Gamble over its new diapers that P&G said were drier and thinner but parents said gave their babies a “chemical burn.” The diapers in question, Pampers DryMax, were introduced in 2008 with two varieties, Swaddlers and Cruisers. The 59 plaintiffs in the class-action lawsuit said their babies experienced diaper rash and burns and some wanted the defective DryMax diapers recalled. P&G says diaper rash is a common condition, not due to defective diapers, and the only difference with the DryMax is that fluffy materials have been removed to make them lighter and thinner.

The plaintiffs will be compensated about $1,000 per child while P&G will pay up to $2.7 in legal fees and will fund a pediatric training program. The settlement still needs to be approved by a judge in the U.S. District Court in Cincinnati, where P&G is based. The company reminds the public that the payments are for the legal time involved and do not represent any compensation for “damages, injury, or reimbursement for medical bills.”

The U.S. Consumer Product Safety Commission (CPSC), which takes complaints from consumers and those forwarded from manufacturers, says the P&G scientific testing data found no link between the diapers and any skin conditions.

Without admitting liability and as a concession, P&G will adjust its product label to include information leading to its website and a toll free number to learn more about skin rashes and diapering.

In order to file a lawsuit following an injury from a defective product in Florida, there needs to be a problem in the manufacturing or design of a defective product or the product information label must be inadequate to the extent that it led to the injury. Product liability claims are usually brought under negligence, strict liability, or breach of warranty to the customer.

Sources: http://communitypress.cincinnati.com/article/AB/20110610/BIZ01/306100044/P-G-settle-diaper-suit?odyssey=mod|newswell|text|communities|s and http://www.cpsc.gov/CPSCPUB/PREREL/prhtml10/10331.html