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Levine and Slavit, PLLC - Blog

Personal Injury Attorneys - Manhattan, Brooklyn, Queens, Long Island and the Bronx

The Latest “It Couldn’t Have Happened” Defense – The Mouse in the Soda Can Would Have Disintegrated

Posted On Jan 6, 2012 @ 11:26 PM by Ira Slavit

The products liability lawsuit brought by Ronald Ball alleges he became violently ill when he opened a can of Mountain Dew and found a dead mouse inside.  The maker of Mountain Dew, PepsiCo, has brought on a motion to dismiss the lawsuit with the unique defense that their product is so destructively acidic that any mouse would have completely disintegrated by acids that would have turned the mouse's body into a “jelly-like” substance.  PepsiCo has submitted to the court an affidavit from a veterinary pathologist explaining their defense in morbid step-by-step detail.  Can't wait to pop open my next soft drink.

Lack of Consumer Response Prompts Unusual Re-announcement of Recall of Dehumidifiers That Have Caused More Than One Million Dollars in Property Damage

Posted On Sep 15, 2011 @ 02:36 AM by Ira Slavit

Initially recalled in December of 2009, yesterday LG Electronics Tianjin Appliance Co., in cooperation with the U.S. Consumer Product Safety Commission (CPSC), urged consumers to check if they have Goldstar or Comfort-Aire dehumidifiers. The firm is re-announcing the recall of these dangerous products because only two percent of the 98,000 consumers who purchased these units have received a free repair, which means that consumers and their property remain at serious risk. The power connector for the dehumidifiers compressor can short circuit, posing fire and burn hazards to consumers and their property. The initial recall followed eleven incidents, including four significant fires. Since that time, the company has received sixteen additional incident reports of arcing, smoke and fire a

One-Foot High Step Stool Causes Fractured Wrists, Pelvis and Hip and Is Recalled

Posted On Aug 8, 2011 @ 08:39 PM by SEO Admin

Target Corporation of Minneapolis, Minnesota recalled 206,000 wooden step stools with storage the wooden step stools can break apart or collapse under the weight of the user, posing a fall hazard. This recall announced by the U.S. Consumer Product Safety Commission (CPSC) follows 26 reports of the stools breaking or collapsing. Fourteen incidents involved children, seven involved adults, and five incidents where the users age was unknown. Two adults fractured their wrists, and of those victims, one also fractured her hip and pelvis. Additionally, six children and one adult suffered scrapes and bruising. The wooden step stool has two steps and comes in various colors, including natural, natural and red, white and honey. The Circo step stool has a lid on the bottom step th

CPSC Approves Strong New Crib Safety Standards as 2008 Federal Consumer Safety Legislation Bears More Fruit

Posted On Jan 22, 2011 @ 07:50 PM by SEO Admin

The U.S. Consumer Product Safety Commission (CPSC) has recalled more than 11 million dangerous cribs since 2007. Detaching drop-side rails were associated with at least 32 infant suffocation and strangulation deaths since 2000. Additional deaths have occurred due to faulty or defective hardware. Federal crib standards had not been updated in nearly 30 years. But finally on December 28th, 2010 the CPSC approved new mandatory standards for full-size and non-full-size baby cribs. The crib standards will cover used as well as new cribs. The mandatory crib standards will: (1) stop the manufacture and sale of dangerous, traditional drop-side c

Plaintiff's Hard Drive Off-Limits to Defendant in Wrongful Death Case Alleging Medical Malpractice/Product Liability/Negligent Training and Supervision

Posted On Jan 6, 2011 @ 07:54 PM by SEO Admin

The plaintiffs in DeRiggi v. Krischen, 20753/08, NYLJ 1202476938011, at *1 (Sup., Nassau Decided December 17, 2010) sought to recover for the wrongful death of Patricia DeRiggi, who died at the age of 30 during percutaneous disk decompression surgery, an out-patient procedure used to treat lower back pain. Plaintiffs allege that Mrs. DeRiggi's left common iliac vein was perforated twice during the surgery resulting in an intra-abdominal hemorrhage and death. They also allege that the defendants HydroCision and/or New York Spinal Implants, the manufacturer and/or distributor of the Spine Jet HydroDisectomy System used in the procedure, were negligent in their design, manufacturer and dist

FDA Announces Recall of 359 Million Abbott Glucose Test Strips

Posted On Dec 25, 2010 @ 10:51 PM by SEO Admin

The recall applies to 359 different lots (as many as 359 million strips) of glucose test strips marketed under the following brand names: Precision Xceed Pro, Precision Xtra, Medisense Optium, Optium, OptiumEZ, and ReliOn Ultima. These strips are used with Abbotts blood glucose monitoring systems. The test strips being recalled may give falsely low blood glucose results. False results may lead patients to try to raise their blood glucose unnecessarily, or they may fail to treat elevated blood glucose because of a false, low reading. Both scenarios pose risks to a patients health.

The U.S. Food and Drug Administration recommends that special attention be paid to signs and symptoms of high blood sugar (hyperglycemia) and low blood sugar (hypoglycemia).

-Symptoms of high blood sugar include excessive thirst, excessive urination, blur

Four Loko to Stop Shipping Alcoholic Energy Drinks to New York; FDA May Ban the Drinks Altogether

Posted On Nov 16, 2010 @ 10:44 PM by SEO Admin

Controversy has surrounded alcohol energy drinks such as Red Bull fortheir unhealthy concentration of caffeine. But rather than backing off, the beverage industry has come up with yet more potent and dangerous drinks. One such drink is Four Loko, and alcoholic energy drink combining alcohol and caffeine. To combat the danger, the New York State Liquor Authority (SLA) announced that the SLA has reached a voluntary agreement with Four Loko producer Phusion Products to stop shipping alcoholic beverages that contain caffeine and other stimulants to New York State by this Friday, November 19, 2010. Phusion Products has also agreed to fund alcohol awareness programs to educate licensees and consumers about the dangers of alcohol and binge drinking. The federal government may go further with the Food and Drug Administration likely finding the drinks unsafe and outlawing them, possibl

Crib, Nursery Injuries Up 21% in 2009 versus 2008

Posted On Nov 4, 2010 @ 12:00 AM by Ira Slavit

 

The U.S. Consumer Product Safety (CPSC) this week announced that after decreasing from 2007 to 2008,toddlers were injureddue to defective cribs and other nursery items rose 21% in 2009. There were 77,300 emergency room visits for products geared to young children in 2009 - in 2008, that figure was 63,700. 2009 saw the most nursery product recalls in history. The CPSC report also stated that nursery products and clothing surpassed toys with the most recalls, representing 28 and 27 percent of childrens product recalls, respectively; products were recalled mainly due to entrapment, fall, and choking hazards. Childrens clothing recalls also reached an unexpected high, due to strangulation hazards present in clothing with drawstrings and choking hazards from small detachable parts. Recalls in 2009

10 Million Fisher-Price Childrens Products Recalled Trikes, Infant Activity Centers, High Chairs and Toy Cars

Posted On Oct 1, 2010 @ 09:55 PM by Ira Slavit

One of the big news stories during the summer of 2007 wasMattel's recall of nearlyone million toys made in China because of lead paint. Other recalls followed almost immediately. These numbers pale in comparison to yesterday's recall announced by the U.S. Consumer Product Safety Commission (CPSC) of TEN million Fisher-Price children's products due to dangerous conditions posing choking and other hazards.Fourteen models of the Fishe

Whoda Thunk It?: Childrens Bounce Houses Contain Dangerous Lead Levels

Posted On Aug 14, 2010 @ 06:37 PM by SEO Admin

Theyre a staple of toddlers birthday parties, childrens holiday parties and other seemingly carefree events. Your children take off their footwear and climb into the inflated bounce house and youre free from worry (and perhaps bother) for a few minutes. Or are you? If the allegations in California Attorney General Edmund G. Brown Jr.s lawsuit against several companies involved in manufacturing children's bounce houses are correct, some of the inflatable structures contain unsafe amounts of lead in their vinyl covering. The main exposure pathway from the bounce house to the child is hand-to-mouth. Lead is transferred from the vinyl to a child's hand during play and then to the mouth. Testing done by the Center for the Environmental Health and the Attorney General's office reportedly found that some of the vinyl in the bounce houses contains lead levels that violate both federal and