Defective Child Products

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

On Tuesday, May 24, the U.S. Consumer Product Safety Commission (CPSC) announced a voluntary recall of about 22,000 full-size and portable drop-side cribs made by Dream on Me, Inc., of Piscataway, New Jersey. The problem with the full-size crib occurs when the hardware breaks or fails, allowing the drop side to detach. When that happens, a space can form between the mattress and the frame or headboard of the crib. This defective design has trapped infants and toddlers and in some cases led to strangulation or suffocation. A detached side can also allow a child to fall to the floor. Consumers were told to stop using the cribs and second hand and consignment stores were put on notice to stop selling the recalled defective consumer product.

The same problem plagues the portable cribs with a drop-side rail which also has a tendency to detach. Once the frame is compromised, the slats can come loose from the crib allowing children to fall or cut themselves on the hardware exposed inside the crib.

So far there have been 69 reports of injury from these defective cribs, which the CPSC is trying to phase out. The problem is so many of them are still in the second-hand market. Consumers are advised to check the CPSC website if you plan on buying or using any second-hand baby furniture to make sure it has not been recalled.

The Dream on Me Cribs are described as wooden with a painted or stained surface in white, brown, black, natural, pink and cherry. Models include 613, 615, 616, 617, 619,628, and 639. Look for the “Dream on Me Inc” logo on the inside of an end panel. The defective cribs were made between January 2006 and December 2009. Consumers should contact the manufacturer at 877-201-4314 to receive a free replacement portable crib with fixed sides or a kit that will stop the drop-side of a full-sized crib from falling.

If your child has been injured by a defective drop-side crib or another child product that has been recalled, the Florida child product recall lawyers at Farah & Farah can help you understand the legal options available to you in order to hold a negligent manufacturer accountable for your child’s suffering. Our highly skilled attorneys know how to undertake the sometimes complex investigation that is essential for an effective defective product case to be successful. Call our law offices today to learn more.

The recall notice came for a second time on Thursday, May 12, from the U.S. Consumer Product Safety Commission (CPSC) for the Maclaren stroller after there were 37 injuries to children since the original recall in November 2009. The defective product is found in the single and double umbrella strollers, which have a hinge mechanism that can catch and cut a little finger when the stroller is being opened, reports Forbes. The CPSC reports there have been five fingertip amputations, 16 fingertip entrapments, and 16 lacerations. In all there were 149 reported consumer injuries caused by the defective strollers.

The manufacturer will send a replacement hinge to fix the defect to owners of the one million strollers sold between 1999 and November 1999. Consumers must make the request for the fix by contacting Maclaren of South Norwalk, Conn. at hingecovers(at)maclaren-usa.com or call 877-688-2326. Images of the strollers in question can be seen on the CPSC website.

The Jacksonville child product recall attorneys at Farah & Farah would be happy to answer any questions if your child has been injured by a product that was advertised as being safe and effective but malfunctioned in some way to cause injury. We can help you understand the legal options available in order for your family to be compensated adequately for your child’s injury.

Consumer Affairs reports that children have been exposed to the toxic metal, cadmium, through children’s jewelry at 100 times the recommended levels. We’ve reported before regarding the defective trinkets sold at stores that cater to children and there have been several recalls of the jewelry due to the presence of cadmium. Consumer Affairs says children may receive the excessive exposure when they put jewelry in their mouth and the cadmium leaks out of the trinkets. In some cases, a chipped or broken piece of jewelry may expose the child to 30 times more cadmium than a whole piece.

Cadmium is often found in imported jewelry from China. It was used as a replacement for lead, but cadmium, a heavy metal, can cause bone, lung, liver, and kidney disease. Adults can be exposed to cadmium through phosphate fertilizer used on food or tobacco.

Claire’s Stores have recalled about 19,000 charm bracelets because of high levels of cadmium. And FAF Inc. recalled about 55,000 necklaces sold at Wal-Mart. The Consumer Product Safety Commission did not have a standard for cadmium exposure when the Claire’s recall took place in May 2010, but now has developed a guideline of 18 micrograms exposure through the mouth. Of the jewelry tested in the report, a football pendant had 2,109 micrograms of cadmium.

Concerned consumers can obtain a cadmium test kit at http://www.cadmiumtestkit.com to test their children’s jewelry for the toxic metal.

If your child has been injured by a dangerous or defective product, the Florida child safety lawyers at Farah & Farah will offer you a complimentary consultation. A manufacturer who uses shoddy materials, or has a defective design, as well as the distributor, can all be held responsible for any injuries under Florida product liability law.

A second infant death has led to the re-announcement of a 2008 recall of more than 985,000 drop-side infant cribs. The U.S. Consumer Product Safety Commission (CPSC) announced the recall on March 22 for a second time of a defective crib made by Delta Enterprise Corp. of New York after the agency learned of the 2009 death of a seven-month old girl from Colorado who became trapped between the detached drop-side and the mattress. The crib, though recalled, was purchased in a secondhand store. When it was reassembled it did not have the safety pegs which serve to keep the drop-side attached to the crib and in the track.

The original recall in October 2008 occurred after the death of an 8-month-old girl who was also entrapped when the drop-side detached because there were no safety pegs. There had been reports of nine detachments and two entrapments. The cribs were made in Taiwan and Indonesia and sold at retail outlets between January 1995 and December 2005 for about $100.

The problem has always been that after a federal recall there is a vibrant secondhand market at garage sales and consignment stores that allow dangerous and recalled children’s furniture to remain in circulation. If you have one of the Delta cribs, the CPSC urges caregivers to stop using the cribs and contact Delta at 800-816-5304 to receive a free repair kit. Parents should always check to make sure that a gap does not exist between the mattress and side of the crib and that there are no missing parts. The drop-side of the crib should move smoothly. It is not advised that the consumer attempt to repair the crib. Additionally, the CPSC discourages using a crib that is older than 10 years.

Because of the high number of deaths associated with drop-side cribs, beginning on June 28, 2011, new federal standards prohibit the manufacture and sale of this design of crib. The new standard also requires that mattress supports and crib slats along with the hardware be more study. The CPSC has more on its website: http://www.cpsc.gov/businfo/frnotices/fr11/cribfinal.pdf.

The question remains – what about cribs in hotels and day care centers that are drop-side? By December 28, 2012 these facilities must also comply with the new federal safety standard.

The Florida child product recall attorneys at Farah & Farah encourage you to match the model number of your child’s crib with the CPSC website to see if it is on the recall list. A dangerous crib is the last thing you want to use for your baby.

The U.S. Consumer Product Safety Commission (CPSC) and Walt Disney Co. have recalled about 1,200 watches that were sold to children in recent months at Disney theme parks, reports The Orlando Sentinel. The recalled watches contain a battery that can interact with the stainless steel back of the watch, causing a burning sensation or skin irritation on children’s wrists. So far, six complaints have been filed regarding the watches, which were made by Time Industrial Manufacturing Ltd. of Hong Kong.

The watches included in the recall are – Buzz Lightyear, Tinker Bell, and Lightning McQueen. All are light-up watches that sold for about $30 at Disneyland, Disney Cruise Lines, Walt Disney World and at the Orlando International Airport.

A tracking code is engraved on the back of the watch, as well as printed on the back of the packaging. The tracking code for the recalled watches is: K130-6377-7-10187. Consumers with questions can contact Disney at 877-560-6477 and should report any problems with the watch to the CPSC by visiting SaferProducts.gov.

Product liability law holds manufacturers, designers, distributors, and retailers responsible if a product is created that injures or kills consumers. Farah & Farah’s experienced Florida product liability attorneys have found defective products exist among all types of consumer products from airline, automotive, and motorcycle parts, to toys for children.

If you or a loved one have been injured by a defective product where the manufacturer knew or should have known of the potential for danger and failed to warn the public, our product liability lawyers will offer you a free consultation to discuss your injuries and the potential for compensation from negligent manufacturers.

The National Highway Traffic Safety Administration (NHTSA) announced on Thursday, February 17, the recall of nearly 800,000 automobile child safety seats because of a defective harness lock and release system that can render harness straps useless in a crash. When the release button does not return to the locked position, the harness adjustment straps do not lock into place. Consumers should look for the brand name Dorel Juvenile Group (DJG) and seats made from May 1, 2008 to April 30, 2009. Seats have a “Center Front Adjuster” for the harness and are found in infant, convertible, and booster child seats.

The manufacturer plans to provide consumers with a lubricant to prevent the release button from sticking so the strap can be engaged. In the meantime, consumers need to be aware that the lock button is truly locked and not stuck by pulling on the shoulder harness to see if it releases.

DJG can be contacted directly at 1-866-623-3139 or via email to harnessadjustment@djgusa.com. The model numbers can be found on the NHTSA website.

The product liability attorneys at Farah & Farah remind us that you may have an action against a manufacturer for a poorly made product, for a faulty design, or for an inadequate label that fails to warn consumers of dangers of a defective product.

Product liability lawsuits have forced manufacturers to produce better, safer products. If you have been injured by a product that you suspect was faulty or defective in some way, we will offer you a complimentary consultation to determine if you have a valid product liability case. You may be able to seek compensation for the injuries you have suffered, for ongoing medical costs and for lost wages.

The U.S. Consumer Product Safety Commission (CPSC) on Thursday, October 7, announced in a press release it is working with a company to voluntarily recall about 11,400 Alexander Designs Ltd. drop-side cribs. The cribs are exclusively distributed by J.C. Penny and CPSC has received two reports of defective malfunctions where the drop-side of the crib fell unintentionally. No injuries have been reported. The CPSC must work in voluntary compliance with companies involved in recalls because it lacks enforcement powers.

The defective cribs are made in Taiwan and like many other defective drop-side cribs, the hardware holding up the drop-side can become dislodged or break. When that occurs, the drop-side can detach from the crib and the infant can become stuck between the mattress and crib, posing a risk of suffocation and strangulation. There is also a danger of infants falling out of the crib and to the floor. Consumers should immediately stop using the defective crib and ask the manufacturer for a free repair kit that will essentially immobilize the drop-side.

The drop-side design was intended to make it easier to take a child in and out of a crib without excessive bending by the parent, but the CPSC has found the design to be defective. After a myriad of recalls, the drop-side will be phased out over time. Many drop-side cribs remain in existence on the second-hand market, but consumers should be warned it is illegal to resell a recalled consumer product in a garage sale or to a consignment shop. Consumers should look for the label on the crib’s headboard.

The CPSC reminds parents not to use a crib with missing parts or one that is older than 10 years because it may not meet current standards for safety.