Monthly Archives: June 2011

Women’s Dresses Recalled Due To Violation of Flammability Standard

30 June 2011

The U.S. Consumer Product Safety Commission (CPSC) announced a recall of women’s dresses by Topson Downs, sold exclusively at Macy’s stores nationwide. The dress brand is Bar III, lined with a sheer rayon outer layer, with a “Mint Chili Combo” checkered, multi-colored, and black pattern. These dresses violated the federal flammability standard for wearing apparel, posing a fire and burn hazard to consumers. As of June, 2011, approximately 2,100 dresses have been recalled.

Every year, consumers are victimized by dangerous, defective products, potentially leading to catastrophic and even fatal injuries.  Designers, manufacturers and distributors of such products are too eager to place the blame on individual purchasers and users, often claiming “accidents will happen,” or that safety measures would not have made a difference. Many tragic deaths and serious injuries could be avoided if more corporations would be responsible enough to manufacture their products within the confines of existing regulations, such as the Federal Flammability Standard, which is in place to protect consumers from catastrophic burn injuries caused by excessively flammable materials.

Severe burn injuries often involve damage to skin and nerve, requiring extensive treatment which may include skin grafts. Such injuries can be among the most painful for victims of negligence. It is critically important that such injuries be treated immediately by appropriate medical personnel, including pain specialists and plastic surgeons.

If you or a loved one has suffered a serious burn injury, contact the law office of Swartz & Swartz, P.C. in Boston, Massachusetts. We will answer your questions and protect your legal rights. Speak with a personal injury lawyer today by calling (617) 742-1900, or toll free outside of Boston, 1-800-545-3732.

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

Boston College Graduate Student Injured in Lab Explosion

27 June 2011

A Boston College doctoral student, identified as Hee Yeon Cho, suffered injuries in a chemical explosion in the lab where she was working.  On the morning of June 25, 2011 at about 10:25 a.m., a beaker containing thionyl chloride exploded in her hand.  When authorities found Cho at her home, they treated her for respiratory issues, burns on her hands, and cuts on her face from shattered glass.  Afterwards, they sent her to St. Elizabeth Hospital.  Authorities also decontaminated Cho, her car, and her apartment because she had come in contact with the dangerous chemical.

Chemical burns often are associated with industrial accidents which can occur as a result of reactions of chemical compounds such as cleaning products, battery fluid, pool chemicals, and drain cleaners. It is important to determine the nature and severity of the burn injury by assessing such factors as how hot the skin gets, how long the burn lasts, and the location of the burn. Such injuries have different affects on people, since skin thickness, water and oil content, fat, and even the number of blood vessels varies.  In all instances, it is important to seek immediate professional medical care.

 We have represented many people throughout the country who have suffered from severe burn injuries after exposure to chemicals, gas or electrical explosions, or fires, achieving record setting results for our clients. The attorneys at Swartz & Swartz, P.C. have the experience and resources to fully investigate such incidents. If you or a loved one has suffered a serious burn injury, contact the law office of Swartz & Swartz, P.C. in Boston, Massachusetts. We will answer your questions and protect your legal rights. Speak with a personal injury lawyer today by calling (617) 742-1900, or toll free outside of Boston, 1-800-545-3732.

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

Bunk Beds Recalled in Aftermath of Child’s Death

23 June 2011

According to the U.S. Consumer Product Safety Commission (CPSC), Big Lots is issuing a recall of approximately 30,000 metal futon bunk beds. The hazard identified related to the potential for children to be entrapped behind the futon,  or in the ladder of the bunk bed when the futon is lowered from the seated to flat position.

As of June, 2011, one death was reported as a result of the defective feature of the bunk bed. In that reported incident, a three-year-old boy died when his head and neck became entrapped in the bed. The weight of the metal frame prevented the young boy from breathing and freeing himself. Ultimately, he died of compression asphyxiation.

Another hazard associated with the bunk beds in question involves the space between the last rung on the bed’s ladder and the futon mattress, which is too small. Although a child’s body can pass through this gap, his or her head cannot, with the potential for head entrapment.

The recall involves metal futon bunk beds with model number BFB100. Consumers should stop using these bunk beds immediately.

While proper labeling, recalls and regulations are important for safety of children’s products, manufacturers have a responsibility to ensure only safe products reach the marketplace, avoiding the potential to cause catastrophic injury. The millions of dangerous products flooding retail store shelves before their hazards are identified highlight the inadequacy of current safety protocols. There is simply no excuse for companies to sell dangerous beds and other children’s products to consumers. The burden must be on manufacturers and retailers, not consumers, to identify hazards before products enter the channels of commerce.

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

American Girl Crafts Jewelry Recalled

16 June 2011

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

Massachusetts Boy Dies in Escalator Accident at Auburn Mall

9 June 2011

A 4-year-old Massachusetts boy died in an escalator accident at the Auburn Mall on March 11, 2011. His family has filed a wrongful death lawsuit on his behalf in Worcester Superior Court. Mark DiBona was shopping with his family in the Sears store at the Auburn Mall when he fell through the gap between the clear glass barrier and the escalator to the ground floor below.

The Complaint alleges that Sears, Roebuck & Co, Simon Property Group Inc., Schindler Elevator Corporation and Botany Bay Construction are responsible for the wrongful death of 4-year-old Mark DiBona.

Following the young boy’s death, two state inspectors were fired for failing to detect that the gap in question was wider than permitted. In the meantime, the Massachusetts state senate has approved measures that would toughen requirements on escalators and elevators.

Wrongful death actions are lawsuits brought on behalf of a deceased person’s beneficiaries, alleging that a death was attributable to the willful or negligent act of another.  The circumstances leading to wrongful death are varied, and can include such incidents as drowning in pools, oceans or other bodies of water; car, aircraft and other transportation accidents; medical malpractice including negligent medical care and treatment by doctors and hospitals; gas and electrical explosions or fires; construction and workplace accidents; nursing home abuse; product liability involving defective consumer or commercial products; and injury related to recreational vehicles such as ATVs and boats.

The emotional damage and economic losses caused by a wrongful death can be devastating. Families and loved ones of decedents should not make any major decisions without first contacting an attorney. At Swartz & Swartz, P.C., we understand that wrongful death litigation cannot make up for the loss of a loved one. Nevertheless, we have the experience necessary to make sure your rights are protected, and that you have the supports in place that will be needed to get through a very difficult time.

If a loved one has died due to someone else’s negligence, 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 prepared to answer your questions and discuss how you can protect your legal rights.

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