Amazon, the popular online shopping company, recently lost a case in the United States Appeals Court for failure to appropriately notify customers about a known defect in a hoverboard it sold. As a result, it may be forced to pay damages to those harmed by the defective hoverboard, which Amazon knew sometimes could catch fire or explode, but failed to adequately notify those who already purchased the hoverboard.… Read the rest
Everyone loves BBQ! BBQ and smoked meat have become a summer staple in many households across the nation. However, this seemingly easy method of cooking can sometimes lead to a tragic event. Unfortunately, every summer thousands of people are injured, due to grilling accidents. According to the National Fire Protection Association (NFPA), there are more than two thousand BBQ related fires every summer that result in millions of dollars in property damage.… Read the rest
Recently, BMW recalled over one million cars, sports vehicles, and SUVs, due to defective wiring and electrical conductors in the vehicles’ climate control system overheating resulting in a car fire. According to the U.S. National Highway Traffic Safety Administration (NHTSA), the vehicles crankcase contained manufacturing defects and caught on fire even when they were not in use.… Read the rest
In October 2017, Fisher-Price and Mattel announced a recall of about 65,000 motorized infant motion seats after discovering that the motors were overheating and could lead to a fire. These motion seats retail for approximately $160.00 to $200.00. The seats feature a number of soothing features that include bouncing, vibrating, and swaying, while also playing music. The affected models were sold nationwide between November 2015 and October 2017 online and in retail stores, such as Buy Buy Baby, Target, Toys R Us, Walmart, and Amazon, among others.… Read the rest
Recently, a St. Louis, Missouri jury awarded a $110 million verdict to a Virginia woman who claimed that she developed ovarian cancer as a result of using Johnson & Johnson’s talcum-based powder products for decades. This is the largest verdict to arise out of about 2,400 lawsuits that accuse the company of breaching its duty of care to customers by not informing them about the cancer risks associated with its talc-based products, including the most notable Johnson’s Baby Powder. Additionally, the company’s talc supplier was held partially liable for the plaintiff’s damages and was ordered to pay a portion … Read the rest
After having two New Jersey lawsuits previously dismissed against the company in September, Johnson & Johnson is now facing a verdict handed down by a St. Louis jury for $70 million. Similar to the two New Jersey lawsuits, the claim against the baby powder company was that the use of the company’s product caused a woman to develop ovarian cancer. While the Plaintiff was arguing for more than $285 million total, the jury awarded $575,000 in economic damages, $2 million in compensatory damages, and $65 million in punitive damages to her. Additionally, Johnson & Johnson was required to pay $65 … Read the rest
Tragedy struck two days after Christmas for one Oklahoma family when a two-year-old toddler died six days after swallowing a button battery.
The day after Christmas, Brianna Florer of Jay, Oklahoma, began exhibiting signs that something was wrong. The next day, her condition worsened and the family drove Brianna from their rural home to meet an ambulance. Despite emergency surgery efforts, the child did not survive.
Young children swallowing lithium batteries has become a dangerous trend in recent months. According to Dr. Kris Jantana, more than 3,500 children, most under the age of 6, were hospitalized last year as a … Read the rest
The U.S. Food and Drug Administration has announced a voluntary recall of SeriScaffold surgical scaffold product (Product Number: SCF10X25AGEN), a bio-resorbable surgical mesh for use in open or laparoscopic procedures manufactured by Allergan, Inc. The reason for the recall is that the mesh may have been packaged in improperly sealed pouches with resultant contamination, and surgical sterility cannot be assured. It is unclear how it was learned that the product packaging was defective, but our office knows of at least one person who suffered an infection believed to have resulted from contamination of SeriScaffold.
More specifically, the outer of the … Read the rest
On September 26, 2012, New England Compounding Center (NECC) recalled more than 17,000 steroids delivered to medical facilities in 23 states because of an outbreak of fungal meningitis suffered by patients injected with the contaminated product. Now this past week Med Prep Consulting, Inc. “voluntarily” recalled all lots of its products after being notified by a Connecticut hospital that it observed visible particulate contaminants confirmed to be mold in 50 ml bags of Magnesium Sulfate 2 grams in Dextrose 5% for Injection products compounded at its facility.
Administration of an intravenous product found to be contaminated with mold could result … Read the rest
It’s like the old joke, “Who are you going to believe? Me or your own eyes.” One standard defense used to try to defeat a plaintiff’s case is the “It couldn’t have happened” defense, that is the occurrence complained of could not possibly have happened the way the plaintiff says it did. Often an expert is called upon to explain the impossibility of what was observed in plain sight. And so it goes in the products liability lawsuit brought by Ronald Ball, who alleges he became violently ill when he opened a can of Mountain Dew and found a dead … Read the rest