When the Costa Concordia crashed into rocks off Italy’s West Coast Friday night, it marked one of the most horrific ship accidents since Titanic in 1912. Captain Francesco Schettino has been placed under house arrest on suspicion of manslaughter after he allegedly steered the cruise ship off course. Further investigation into Captain Schettino’s actions has led to additional accusations that he abandoned his vessel before all passengers evacuated.
 
A recording released by Italian media outlets supports claims of negligence and even recklessness with regard to passenger safety. Reportedly, the Italian Coastguard made several requests that the captain fulfill his duty to passengers and crew on the stranded ship, and return to his vessel to facilitate the rescue process.  The captain, however, ignored these entreaties and seemed to focus more on his own safety, stating: “I’m in a lifeboat, I am under here. I am not going anywhere. I am here.” In hearing about the captain’s actions, Michael Murphy, national vice president of government relations for the largest union of merchant marine officers in the U.S., stated: “I would have stayed and I can probably speak for all the American colleagues that I know of . . . it’s sort of the American ethos, I guess. You don’t leave that ship until you’ve got the people off. That’s the type of leadership you expect from the captain.”
 
Cruise Liner Injury Claims require specific knowledge of maritime and admiralty litigation statutes, regulations and case law. If, as the result of negligence aboard a ship or other vessel, you or a family member has suffered catastrophic injuries, or if a loved one has died, please contact us through our website, or by calling (617) 742-1900; clients from outside of the Greater Boston, Massachusetts area may call toll-free at 1-800-545-3732. We are here to answer your questions and discuss how to protect your legal rights.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Parents now have to be aware of yet another danger to children – studies have shown that instant cups of soup present a serious risk of scalding and scarring. The danger lies in the product’s design. The styrofoam cups full of noodles tend to be is tall and lightweight, with an unstable base. The Director of the burn unit at the University of Southern California’s County Hospital, Dr. Warren Garner, has stated that he does not stock such products in his own household due to fear regarding the product’s significant propensity to tip over. He estimates that his hospital sees an average of two to three patients a week with injuries suffered due to these poorly designed products. Records show that small children, often toddlers, are Garner’s unit’s most frequent visitors. In addition to the significant burn potential from the soup broth, the scalding hot noodles have the potential to inflict even deeper wounds. Reportedly, hospital stays involving these soup-noodle burns require twice as much time in recovery. The aftermath can even include limited mobility in joints.

Not all soups are equally as dangerous. To test the elements contributing to the dangerousness of certain packaged soups, Dr. David Greenhalgh, Chief of Burns at Shriner’s Hospital for Children in Northern California, calculated the angle at which 11 different brands of soup tipped over. Dr. Greenhalgh’s testing showed that the tall and narrow designs were three times more prone to tipping than those with a short, wide-based designs. In response, Greenhalgh proposes a Yoplait yogurt container-like design that is wider at the base than at the top. Instant soup companies have thus far refused to acknowledge the dangers imposed on consumers, and have rejected user friendly re-design proposals.

Every year, consumers are victimized by dangerously defective products, sustaining catastrophic and even fatal injuries as a result. At any point during the design and manufacturing process, significant failures may contribute to a product’s hazards, including (1) missteps during the early design stages; (2) inadequate testing to ensure safe performance; and (3) marketing efforts that include inadequate instructions and warnings, or even fail to include any relevant cautions. Even one act of negligence during the process from product’s conception to its sale can cause catastrophic injuries and wrongful death once the product reaches the homes, schools and workplaces of unsuspecting consumers.

If you or a family member has suffered significant personal injuries as the result of a defective product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732. Our product liability attorneys are here to answer your questions and protect your legal rights.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Novartis Consumer Health, Inc. has announced a voluntarily recall, along with a temporary shutdown of its Nebraska production facility. The recall relates to the over-the-counter drugs Bufferin, Excedrin, Gas-X Prevention and NoDoz and results from reports of chipped and broken pills, as well as “inconsistent bottle packaging clearance practices” which can result in bottles being cross-contaminated with foreign tablets or capsules.

The recall was issued to prevent the possibility of a consumer taking incorrect medications, with the potential for overdosing as well as drug-related reactions such as allergies. According to reports, various combinations of oxycodone, acetaminophen, aspirin and seven other opiate products may have been placed into incorrect packaging. The FDA has warned health care professionals of the potential risks that are related to these incidents.

Pharmaceutical companies engaged in the profitable business of manufacturing and selling drugs, are constantly introducing new medications into the marketplace. Each year, thousands of people are injured or killed due to allegedly dangerous and defective characteristics of such products.

If you or a loved one has been victimized by the ingestion of a dangerous or defective prescription drug, and would like to speak with an attorney, please contact us. You can call us at (617) 742-1900, or if you are outside the Boston area, call toll-free at 1-800-545-3732. We are here to answer your questions and discuss how to protect your legal rights.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

In March, a simple tooth extraction procedure put 17-year-old Jennifer Olenicvk into cardiac arrest.  Allegations against the oral surgeon, Dr. Domenick Colleti, and anesthesiologist, Dr. Krista Mechelle Issacs, are based upon alleged negligence in addressing an apparent anesthesia error once Jennifer’s heart rate started to slow.

The medical malpractice lawsuit claims the doctors failed to adequately monitor Olenicvk while under anesthesia. Furthermore, it is alleged that the doctors neglected to make appropriate attempts to resuscitate their patient after her heart rate dropped to a fatal 40 beats per minute. Consequently, Jennifer’s brain suffered severe damage, leading to a slow death over a 10-day period. A chief medical examiner determined the exact cause of death to be a condition called hypoxia, or oxygen deprivation.

The standard of care for treating patients under anesthesia in such circumstances is to constantly monitor and regulate oxygenation levels. Failing to do so can result in catastrophic brain injury.

Medical malpractice can occur in any environment where a doctor, nurse, or healthcare provider provides treatment to a patient. It can occur in a doctor’s private office or in the operating room at a hospital. Surgical negligence includes errors due to carelessness by a surgeon during the procedure itself; the decision to proceed with surgery despite signs in the patient’s presentation or medical history that the procedure should not move forward; the improper choice of medical tools or equipment; negligence in the failure to be responsive to patient symptoms during and after surgery; or failing to remove a medical instrument, device or other surgical implement from a patient after surgery.

If you or a loved one has been the victim of medical malpractice and would like to speak with a medical malpractice attorney, please contact us. Our lawyers are here to answer your questions and discuss how to protect your legal rights. Call our Boston, Massachusetts office at (617) 742-1900, or toll-free at 1-800-545-3732.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Over 150,000 of Ikea’s children’s ANTILOP high chairs have been recalled by the U.S. Consumer Product Safety Commission (CPSC). The ANTILOP’s restraint buckle poses a hazard as it can release unexpectedly. Reports of such failures presenting a dangerous fall hazard prompted the recall. Three of the eight reports claimed injuries to children who fell from the high chair. The ANTILOP comes in red, blue and white with detachable silver matted metal legs.

The subject chairs were sold worldwide – the government has recommended that consumers no longer use these highchairs.
Many tragic deaths and serious injuries could be avoided if designers and manufacturers were more attentive to issues of preventive engineering and consumer education. Too often, such companies spend millions of dollars on self-serving public relations campaigns, rather than proper safety testing and design to better protect consumers who use their products.

If you or a family member have suffered serious personal injuries as the result of using a defective product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

After the death of their two year old son, Daniel and Katy Moore of Ellensburg, Washington claim Very Berry Strawberry to be the culprit in River Moore’s liver failure. The infant showed symptoms of infection only 30 seconds after ingestion of the medicine, when he started to cough up blood. Allegedly, the liquid medication contained excessive amounts of acetaminophen, which can be harmful to an infant’s organs. Testing was authorized by the family, which has ruled out viruses or other medical conditions as the cause of death.

According to USA Today, a lawsuit has been filed accusing Johnson & Johnson of “recklessness, negligence, breach of warranty, infliction of emotional distress, conspiracy” and more. In response to these allegations, Johnson & Johnson has publicly stated that it is “deeply concerned about all matters related to our medicines and will remains committed to providing safe and effective pediatric medicines.” If the family prevails in the civil suit, Johnson & Johnson faces unspecified compensatory damages.

Wrongful death actions are lawsuits brought on behalf of a deceased person’s beneficiaries, alleging that death was attributable to the willful or negligent act of another. States across the country have their own wrongful death statutes, providing causes of action that may be brought by the decedent’s personal representative, for the benefit of certain beneficiaries, such as spouses, parents and children.

If your family has experienced such a tragedy, please contact us. If you want to speak directly with one of our wrongful death attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are ready to answer your questions and discuss how you can protect your legal rights.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Two years ago, Shele Danishefsky Covlin, a UBS wealth manager, was found face-down dead in her bathtub. With a clearly cut scalp, Covlin’s death was allegedly ruled an accidental fall. Jewish Orthodox traditions prompted her family to refuse any autopsy and order an immediate burial a day after Covlin’s death.  After investigation, however, information of a bitter divorce rose to the surface and as The New York Daily News noted, “they dug deeper-literally.” Covlin’s body was exhumed in July, 2010 and the cause of death confirmed, strangulation. The prime suspect has been identified as her husband, Rod Covlin; he refuses to make any public comments regarding the scandal.

As the statute of limitations for filing a law suit was set to expire this week, a wrongful death suit has been filed against Rod. Reporters claim that without this lawsuit, Rod is due to inherit a share of Danishefsky $1.5 Million estate.

Wrongful death actions are lawsuits brought on behalf of a deceased person’s beneficiaries, alleging that death was attributable to the willful or negligent act of another. States across the country have their own wrongful death statutes, providing causes of action for the decedent’s personal representative, for the benefit of certain beneficiaries, such as spouses, parents and children.

If your family has experienced such a tragedy, please contact us. If you want to speak directly with one of our wrongful death attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are ready to answer your questions and discuss how you can protect your legal rights.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Deriek W. Crouse, a member of the Virginia Tech police force, was murdered Thursday after an encounter in a school parking lot. Mr. Crouse was an Army veteran and married father of five. Reportedly, the gunman shot the officer at close range, then ran from the scene before he committed suicide. The deceased suspect was not immediately identified; however, University spokesman, Larry Hincker, was able to confirm that the gunman was not a student. A lingering question regarding the motivation for the killing remains – whether there is any relationship between the shooter and Crouse.

Coincidentally, these events unfolded at the same time Virginia Tech officials were fighting a federal government fine over their handling of the 2007 campus massacre, when 33 people were killed. The Crouse killing occurred across the street from the dormitory where the 2007 massacre began.

Swartz & Swartz, P.C. has worked for decades to protect the rights of decedents’ family members, when the loss is attributable to a wrongful death caused by someone else’s negligence, including circumstances involving premises liability. If your family has experienced such a tragedy, please contact us. If you want to speak directly with one of our wrongful death or premises liability attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are ready to answer your questions and discuss how we can assist you in protecting your legal rights.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Hazing rituals can present serious problems at campuses across the country, undermining the value of school experiences for many students, and at times leading to serious injuries, even death. Hazing prevention has recently moved to the forefront of the minds of many concerned educators, coaches and parents. Key elements in addressing such issues include education about the serious potential hazards of such activities, as well as delineation of consequences for contravention of anti-hazing rules and laws.

Schools country-wide have cracked down on hazing. After the recent hazing-induced death of a band member from Florida A&M University, Governor Rick Scott is now calling for a reevaluation of universities’ hazing and harassment policies. Scott stated that, “Regardless of the conclusions following the investigation, hazing should be strictly condemned on our college and university campuses and by any organization associated directly or indirectly with our institutions.” He is requesting that Florida’s eleven public universities review their procedures to gain assurance that it is clear to everyone that “hazing and any other form of harassment will not be tolerated under any circumstance”. The school board currently requires that every school have an anti-hazing prevention program or policy; Scott, however, feels that current policies are insufficient. A study shows that nearly 50% of students experienced hazing before even stepping foot on college campuses.

 There are a wide variety of litigation claims that can serve to address grievances by those who have suffered from discrimination, including illegal treatment based upon one’s race, religion, ethnicity, sex, sexual orientation, and handicap. There are many federal and state laws that protect individuals against discrimination and sexual harassment, providing a means, through the civil justice system, to seek money damages for such violations.

 If you believe you have been a victim of hazing and/or harassment, and would like to speak with a personal injury litigation attorney, please contact us. We are here to answer your questions and discuss how to protect your legal rights. To learn more about what we can do for you, arrange an appointment with one of the litigation attorneys in our Boston office by calling (617) 742-1900, or toll-free at 1-800-545-3732.

 By James A. Swartz of Swartz & Swartz, P.C. – Permalink

The Food and Drug Administration (FDA) recently announced a national recall of the breast cancer drug, Avastin. After a careful review, FDA officials concluded that this medication, touted as a treatment for breast cancer patients, does not effectively slow the spread of the cancer or prolong the overall survival rate of patients. Instead, this potentially dangerous drug has been shown to contribute to a number of serious side effects. Conditions reportedly cased by Avastin include:

•             gastrointestinal (GI) perforation, or a hole in the stomach or intestines

•             Changes in vision or nervous system disturbances

•             Kidney dysfunction

•             Reduced white blood cell count

•             Severe bleeding

•             Severe high blood pressure

•             Slow or incomplete wound healing

•             Stroke, heart attack, blood clots, chest pain

 Until this announcement, patients and their doctors were unaware of Avastin’s potentially lethal side effects. If you or a loved one has been the victim of the side effects associated with Avastin or other potentially dangerous prescription drugs, and would like to speak with an attorney, please contact us. You can call us at (617) 742-1900, or if you are outside the Boston area, call toll-free at 1-800-545-3732. We are here to answer your questions and discuss how to protect your legal rights.

 By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Before you start your annual holiday toy shopping, be sure that you are aware of hazards to look for that are still appearing on toy shelves. Even with new regulations and testing requirements in place, potentially harmful toys can still be found. The U.S. Consumer Product Safety Commission (CPSC) reported recently that there were 17 toy-related deaths in children younger than 15 years old in 2010, whereas 15 such fatalities occurred in 2009.

Last Wednesday, the “Samurai Mega Blade” and nine other potentially dangerous toys were presented for WATCH’s annual “10 Worst Toys” list, which is representative of types of hazards found in the marketplace.  Our very own James Swartz, a Director of the non-profit group World Against Toys Causing Harm, Inc. (WATCH), demonstrated some of the dangers lurking on toy store shelves, as well as in schools and homes.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Lately, scientists and doctors have become more suspicious of the stop-smoking drug, Chantix, due to its reported side effects. They have continuously urged the Food and Drug Administration (FDA) to raise more awareness regarding the drug’s reported effect of increasing suicidal behavior and depression more than other related smoking-cessation remedies, including nicotine patches and gum. Since its launch in Britain, the reportedly dangerous drug has been prescribed to over a million smokers. As many as 39 of the 80 deaths in Britain alone were self induced.  Aside from suicide, however, other medical side effects reported include: heart attacks, strokes, unprovoked violence and blackouts.

Chantix has been hotly debated since 2007, when the first concerns were brought to the FDA’s attention. The FDA’s first cautionary step was to place a “black box” label on the drug, warning doctors and patients about its side effects. Researchers believe, however, that this did not resonate enough with the public.

Dr. Curt Furberg, a professor of public health sciences at Wake Forest Baptist Medical Center, stated that people trying to overcome their tobacco habits are generally at a higher risk for psychological symptoms. Chantix, he claims, makes matters even worse: “The dramatic increase of these symptoms is caused by the drug. Among all the treatments we have for smoking cessation, Chantix is the worst.”

In a study, Furberg and his colleagues analyzed more than 3,000 reports of suicidal behaviors or depression in people taking Chantix, Zyban, or other nicotine replacement drugs. Of those reports, 90 percent were linked to Chantix. In reports of suicides by people taking these stop-smoking treatments, the study noted 92 percent were associated with Chantix. Furberg expressed his concern that “he FDA’s own data show that Chantix is more dangerous than other treatments to stop smoking.”

Pharmaceutical companies are in the business of manufacturing and selling drugs to make a profit. Manufacturers are constantly introducing new drugs into the marketplace and, each year, thousands of people are injured or killed due to allegedly dangerous and defective characteristics.

If you or a loved one has been the victim of serious side effects from a dangerous drug and would like to speak with an attorney, please contact us; you can call us at (617) 742-1900, or if you are outside the Boston area, call toll-free at 1-800-545-3732. We are here to answer your questions and discuss how to protect your legal rights.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Home Gas Explosion Leads to Death

Two passing motorists pulled 84-year-old Robert Silvy from underneath the rubble of his burned-down home in Ponca City. A day later, Silvy passed away at Via Christi Hospital in Wichita, Kansas as a result of his severe burn injuries.

According to David VanBuskirk, Ponca City’s fire marshal, the explosion was sparked from a valve that was turned on for a gas line running into the kitchen, rather than directly to a wall heater. Ponca City’s Fire Chief Butch Herring also stated that the age of the house’s plumbing was a concern. Silvy’s bungalow-style home was located in an older neighborhood where many homes have been standing since the 1930’s.  The explosion also affected neighboring houses, as the house north of Silvy’s home sustained major surface damage from the explosion and fire, and the house to the south also had fire damage and had its windows blown out.

Factors causing or contributing to gas explosions resulting in burn injuries or death have included improper gas line locations, faulty parts and equipment, improper maintenance, and defectively designed stoves and other heating implements.

If you or a loved one has been the victim of a gas explosion and would like to speak with an attorney, contact us by email or call (617) 742-1900. If you are outside the Boston area, call toll-free at 1-800-545-3732. We are here to answer your questions and protect your legal rights.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

The Food and Drug Administration (FDA) just announced the recall of cantaloupe responsible for at least 18 deaths and 100 illnesses since August due to Listeria bacteria.

One company, Fruit Fresh Up, Inc. of Depew, New York, is recalling approximately 4,800 individual packages of Fresh Cut Cantaloupe, and Cut Mixed Fruit Containing Cantaloupe, distributed in and around Buffalo. Although no illnesses have been reported related to Fruit Fresh Up processed cantaloupe, the recall was initiated due to potential contamination by this dangerous bacteria. Recalled products include: Cantaloupe Chunks, Cantaloupe Slices, Gourmet Fruit Salad, Small Fruit Salad, Small and Large Fruit Salad with Pineapple, Fruit Salad with Kiwi, and Fruit Trays, according to the release says.

Symptoms of Listeria can be delayed for up to a month, therefore reports of deaths and illnesses are expected to increase. A big challenge that consumers currently face is determining which products may be contaminated. Many of the Cantaloupe-related products that purchased are pre-cut by the store or a third-party, and therefore do not carry original labels.

Due to the complexities of production chain for the fruit market, the FDA and the Centers for Disease Control and Prevention (CDC) advise any consumers suspecting contamination to contact stores directly to find out the source of the purchased cantaloupe.

Wyoming is already reporting another death, and Iowa is attributing a miscarriage to the outbreak. According to the CDC, the Jensen Farms-related cantaloupe outbreak has already spread across 20 states.

If you or a family member have suffered significant personal injuries or wrongful death as the result of a contaminated or defective product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900  in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

A Pittsburgh couple – Michael Yocabet and life partner, Christina Meccanic – has sued the University of Pittsburgh Medical Center (UPMC) regarding a transplant involving a Hepatitis C-infected kidney.

After finding out that the two are a match, Yocabet and Meccanic decided to move ahead with a kidney transplant from Meccanic to Yocabet.  Tests performed prior to the transplant indicated that Meccanic’s kidney was infected with the disease, however the hospital overlooked her serious condition and proceeded with the transplant. Now, Yocabet suffers from the same disease.

Since the operation, UPMC closed its kidney and liver transplant center for two months, and took disciplinary measures against associated medical officials, a surgeon and nurse.

Hepatitis C is categorized as one of the most dangerous of all the Hepatitis diseases. Activated by exposure to infected blood, the virus that causes this condition attacks the liver, leading to inflammation. Long terms affects include cirrhosis, liver cancer and liver failure.

Medical malpractice errors lead to thousands of deaths and serious injuries each year. Although healthcare providers have access to more medical devices, diagnostic tests and drugs than ever before, there remains a high rate of medical malpractice around the country, affecting thousands of unsuspecting patients who place their trust in their doctors, nurses, and hospitals.

If you or a loved one has been the victim of medical malpractice and would like to speak with a medical malpractice attorney, please contact us. Our lawyers are here to answer your questions and discuss how to protect your legal rights. Call our Boston, Massachusetts office at (617) 742-1900, or toll-free at 1-800-545-3732.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

The U.S. Consumer Product Safety Commission (CPSC) just announced the recall of specialized bicycle components due to a fall hazard. About 14,200 units of the “Advanged Group” manufactured components were recalled because the company received reports of the brake component disengaging from the carbon fork. The defect rests in the structure of the brake component, which can disengage from the fork and allow the brake assembly to contact the wheel spokes while rotating. Consumers are urged to immediately stop using these bicycles.

Many tragic deaths and serious injuries could be avoided if certain product designers and manufacturers were more focused on appropriate safety design and testing protocols, coupled with consumer education regarding potential hazards. Such companies must make safety and protection of the consumers who use their products the number one priority. Manufacturers must be proactive in identifying and remedying safety defects before hazardous products reach retail shelves and consumers.

If you or a family member has suffered serious personal injuries as the result of a defective product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

On September 19, 2011 a man died after his car was struck by a tire that came loose from a flatbed tractor-trailer just north of Boston. The truck was leased by Sullivan Tire.

Police stated that the truck, with four tires strapped on its bed, was on Interstate 93 south when a 400-pound tire came loose at about 3 p.m. The tire struck a car driven by 27-year-old Joseph LeBlanc of Lynn on the northbound side of the highway in Somerville, Massachusetts. Mr. LeBlanc’s car came to rest between the guardrails separating the lanes. The death remained under investigation by authorities.

Auto accidents are among the leading causes of deaths and injuries in our country. Victims of motor vehicle negligence may have a variety of legal remedies. The critically important investigation and preparation of a car accident case involving death and catastrophic injury requires a complete understanding of numerous issues, including:

• The complexities of insurance coverage, including liability insurance, excess or umbrella insurance, and insurance coverage to address particular losses such as medical care costs and lost wages
• Reconstruction of the automobile accident, which typically requires the involvement of expert witnesses
• Product liability matters involving design and manufacturing defects
• The National Highway Transportation Safety Administration (NHTSA) rules and regulations, as well as governmental oversight authority
• Liability for the negligent operation of a vehicle which was leased or rented by the operator, as well as vehicles used in the course of business, and vehicles operated within the scope of work for a state or local governmental agency.

If you or a family member have suffered significant personal injuries as the result of the negligent operation of a motor vehicle, and would like to speak with an experienced attorney, please contact us. We are available to answer your questions and discuss important steps in protecting your legal rights; you can call us at (617) 742-1900, or if you are outside the Boston area, call toll-free at 1-800-545-3732. You may also contact us online.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

The U.S. Consumer Product Safety Commission (CPSC) has announced that Pottery Barn Kids, a division of William-Sanoma Inc. of San Fransisco, CA, has issued a recallof certain of its dolls. The doll recall is based on a strangulation hazard presented by the hair on the Chloe, Sophie and Audrey dolls, which contains loops that are large enough to fit around the head and neck of a child. The headband on the Audrey doll also poses a strangulation hazard because if loosened from the doll’s body, it can form yet another loop that can potentially strangle a child.

About 81,000 dolls in the United States and 1,300 in Canada were recalled. There were five reported instances of dolls with looped hair, including one report in which a loop of the Chloe doll’s hair was found around the neck of a toddler.

If you or a member of your family has suffered serious injuries due to a defective toy or children’s product, please contact us. We are here to answer your questions and discuss how to protect your legal rights. You can set up an initial consultation with one of the product liability attorneys at our Boston office by calling (617) 742-1900, or toll-free at 1-800-545-3732.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

The family and friends of a 17 month old boy, Gabriel Josh-Cazir Pierre, are grieving over his tragic  death. During Monday’s high temperatures, the toddler was left unattended and unnoticed in a school transportation for close to seven hours. The facts revealed thus far suggest a number of allegedly negligent acts leading to such an unfathomable outcome. The van’s driver, Luis Matos, reportedly failed to check his vehicle for remaining passengers before leaving it in the hot sun for the day. Further, the owner of the day care facility also did not call anyone to inquire about Gabriel’s attendance that day. There is simply no excuse for the loss of an innocent life under such circumstances. Incidents like these, leading to wrongful death, test the faith of parents and caregivers not only in the competence of transportation companies and day care facilities, but also in state regulations presumably designed to prevent such tragedies.

In response to this case of alleged child abuse, Wayne Ysaguirre, president and CEO of Associated Early Care and Education, has proposed an additional safety measure – implementation of a special buzzer system in the back of each bus, requiring the driver to walk to the back of the van to turn it off. Such a system would “force the driver to check every seat to get to the back of the van.”

At Swartz & Swartz, P.C., we understand that a wrongful death recovery cannot make up for the loss of a family member, but we ensure that our clients’ rights are protected, and that they have the support needed during a very difficult time.

If have experienced the tragic loss of a child due to the negligence of others – including schools, school buses and transportation companies, and day care facilities – please contact us. If you want to speak with one of our wrongful death attorneys, we can be contacted at (617) 742-1900, or toll free at 1-800-545-3732. We are here to answer your questions and discuss how you can protect your legal rights.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Latest Story

American Girl Crafts Jewelry Recalled

The U.S. Consumer Product Safety Commission (CPSC) announced a recall by EKSuccess Brands and American Girl Crafts Pearly Beads & Ribbons Bracelets kits. These jewelry kits contain beads that have a surface coating with excessive levels of lead, which is prohibited under federal law.

75,000 of these kits have been recalled under the SKU number of 30-585331. The American Girl Crafts jewelry kits were sold at Michaels stores and other retailers nationwide from 2009-2011 for approximately $8. Consumers have been advised to immediately remove any recalled kits or finished bracelets from their homes and schools.

One concern regarding lead poisoning is that the effects of lead exposure are often not immediately seen. Lead found in products or homes can be inhaled through the air. Moreover, leaching lead can be ingested by small children if contained in paint chips or small toy parts that can be mouthed or ingested.

Every year, consumers are victimized by dangerous, defective products, with the potential to cause catastrophic and even fatal injuries. Many tragic deaths and serious injuries could be avoided if manufacturers and retailers were more attentive regarding safety issues associated with their products.

If you or a family member have suffered significant personal injuries as the result of a defective product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or if you reside in greater Boston, New England, or other states across the U.S., call toll-free at 1-800-545-3732.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink

Yesterday the U.S. Consumer Product Safety Commission (CPSC) announced the recall of about 447,000 Target Embark Resistance Cords. At least three injuries

were reported, including two persons suffering blindness, due to cord defects.

Consumers were advised to immediately terminate any use of the following products:

•    Embark Light (tension) Resistance Cord (Green)
•    Embark Medium (tension) Resistance Cord (Blue)
•    Embark Heavy (tension) Resistance Cord (Black)
•    Embark Resistance Cord Kit (set of 3 cords in green/blue/black stored in mesh bag)

The Resistance cords are made of rubber with black foam handles and a door attachment. The door attachment is supposed to serve as an anchor, however the reports indicate that plastic ball that serves as the anchor can unexpectedly released, allowing the cord tension to jettison the anchor toward unsuspecting consumers, pose a significant injury hazard.

At any point during the design and manufacturing process, failures regarding safety issues associated with products may contribute to a product’s hazards, including (1) missteps during the early design stages; (2) inadequate testing to ensure safe performance; and (3) marketing efforts that include inadequate instructions and warnings, or failure to include any relevant cautions. Even one act of negligence during the process from product’s conception to its sale can cause catastrophic injuries and even wrongful death once the product reaches homes, schools and workplaces of consumers.

If you or a family member have suffered significant personal injuries, including blindness and vision loss, as the result of a defective product, contact the law office of Swartz & Swartz, P.C. Call (617) 742-1900 in the Boston area, or for clients in greater Massachusetts, New England, or other states across the U.S., call toll-free at 1-800-545-3732.

By James A. Swartz of Swartz & Swartz, P.C. – Permalink