The widower of a Florida physician who was strangled when her necklace became entangled in a neck massager filed a lawsuit in Miami-Dade court Tuesday, August 30. The lawsuit contends the death could have been prevented if the defective device had a safety mechanism and proper labeling.
The doctor, a radiologist at Jackson Memorial Hospital in Miami, died in her Parkland, Florida home last Christmas Eve after wrapping presents. Using the ShoulderFlex Deep Kneading shiatsu massager, the rotating head caught a leather cord in her necklace and she choked to death. The negligence lawsuit says the device makers should have installed an automatic break to stop the rotating knobs when it detected resistance. And it argues the defective product did not contain obvious labeling to warn users of the dangers of the device.
A label was added August 25, warning of the risk of death and injury and on Wednesday, August 31, about 12,000 ShoulderFlex massagers were recalled.
The FDA says there have been four reports of the device catching on hair, clothing, and jewelry and one other person has been injured. A related death was reported overseas linked to a different brand. A foot massager had to be recalled in Japan in 2008 after three people accidentally strangled themselves when they used it as a neck massager.
The woman had a two-year-old son who will hopefully be compensated for his mother’s death. The defendants are King International, the distributor, the creators and patent holders and the national retailer that sold the product at the Relax the Back stores.
Farah & Farah’s product liability attorneys in Orlando understand that financial compensation will never make up for the loss of a loved one, but the compensation can partially replace what that deceased parent can no longer provide. A product liability lawsuit also tells the manufacturer and distributor that they cannot put dangerous and defective products on the market and they need to take their responsibility to the public seriously.
Source: http://www.sun-sentinel.com/news/broward/fl-neck-massager-lawsuit-20110902,0,7352813.story
