Massachusetts and New England Personal Injury Lawyer Blog

Consumer Product Safety Commission (CPSC) Patrols Borders For Unsafe Products

admin — Fri, 03 Feb 2012 22:05:46 +0000

In cooperation with border patrol officials, the Consumer Product Safety Commission (CPSC) has stopped millions of dangerous products from entering the United States. In the last two years alone, such efforts have yielded more than 6.5 million units of 1,700 different children’s products due to safety concerns and violations of standards. Chairman Inez Tenenbaum has reinforced her commitment to CPSC’s main mission of “[i]ntercepting dangerous products as quickly and as early as possible, well before they make their way into the hands of children and other consumers,” consistent with the vision for CPSC to “continue enhancing its protection of America’s families”.

The offending products have been varied in type and function, including mattresses, art materials, lighters screened for flammability, children’s items with lead content and more. While port surveillance is not a new tactic for border patrol security, CPSC’s enhanced role has steadily increased the size and effect of of its operations in the past few years. “The marketplace of imported consumer goods has expanded rapidly in recent years requiring CPSC to take an increasingly global view of consumer product safety,” claims the director of the office of import surveillance and inspection, Carol Cave. The CPSC has provided training and equipment that has proven very helpful in identifying the non-compliant products before they make their way across US borders and into the streams of commerce.

Many tragic deaths and serious injuries could be avoided if corporations became more attentive to preventive engineering and consumer education. Too often, manufacturers pour money into self-serving public relations campaigns, rather than into efforts for further protection of the consumers who use their products.

If you or a family member has suffered significant personal injuries, or if a loved one has suffered a wrongful death as the result of a dangerous 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

Obama Makes Nomination for the Fifth CPSC Commissioner

admin — Fri, 03 Feb 2012 22:01:43 +0000

President Obama has presented Marietta S Robinson as his nominee as a commissioner with the U.S. Consumer Product Safety Commission (CPSC). If confirmed, Ms. Robinson would be in place as the fifth commissioner now leading the government agency. The CPSC oversees the quality and safety of over 15,000 everyday consumer products. Ms. Robinson would represent an agency charged with protecting the public from unreasonable risks of injury or death potentially caused by many types of products manufactured, distributed and sold in the United States.

Ms. Robinson’s experience includes more than a decade of legal work in complex litigation, a Fellowship of the International Society of Barristers, as well as service as a fellow in both the American and Michigan Bar Foundations. If approved by the senate, Robinson will fill Democrat Thomas H. Moore’s vacated seat, allowing democrats to regain control of the commission. Robinson pronounced her excitement about being nominated, stating, “I’m very, very honored to be nominated, and I hope to get through Senate confirmation quickly.”

Many tragic deaths and serious injuries could be avoided if corporations paid less attention to their bottom line, and more attention to preventive engineering and consumer education. Too often, manufacturers pour money into self-serving public relations campaigns, rather than critical safety measures to protect the consumers who use their products. Although an underfunded and understaffed CPSC works diligently to uncover products that have the potential to inflict harm, the civil justice system remains an important check against the harm caused by defective products that nevertheless make their way into the streams of commerce.

If you or a family member has suffered significant personal injuries, or if a loved one has suffered a wrongful death 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

Lee Carter Co. Announces Voluntary Recall of Two Kids Products

admin — Mon, 30 Jan 2012 16:45:24 +0000

The U.S. Consumer Product Safety Commission (CPSC) announced a voluntary recall of Lee Carter Co.’s action figure toys and baby rattles, manufactured in Mexico. About 7,000 of the Super Luchamania Action Figures were sold. The recalled action figures, sold in packs of 12, are plastic with plastic capes, and are less than 5 inches tall. In an effort to brand the product, the logo “Super Luchamania” is printed on the action figures’ packaging. The manufacture of the toys reportedly included immersion in surface paints that contain excessive amounts of lead.

Another product distributed by Lee Carter co., infant rattles, have been recalled due to a choking hazard. The multi-colored, woven plastic rattles have a handle of a shape and size that could be ingested by a child.

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.

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

Costa Cruise Line Faces Charges

admin — Mon, 30 Jan 2012 16:34:21 +0000

It has been two weeks since the disastrous cruise ship accident that occurred off Giglio Island in Florence. Since then, there have been estimates of up to 16 casualties. Carnival Corp., the world’s largest cruise-line owner, was sued for at least $100 million for its alleged role in the wreck of the Costa Concordia. Allegations include negligence and breach of contract. In a separate claim, Captain Francesco Schettino has been accused of causing the accident by steering too close to shore, abandoning ship, and failing to “properly and timely notify all plaintiffs on board of the deadly and dangerous condition of the cruise ship as to avoid injury and death… [the passengers and crew] were abandoned by the captain.” Costa claims to have reached agreements with consumer groups in various countries to move forward with plans to pay passengers for damages.
If you or a family member have suffered significant personal injuries as the result of a the negligence of a transportation company such as a cruise line, railroad company, bus company or airline, and would like to speak with an experienced attorney at Swartz & Swartz, P.C., 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

History Repeats Itself: Italian Cruise Ship Follows In Titanic’s Wake

admin — Tue, 24 Jan 2012 17:44:45 +0000

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

Instant Soup: A Serious Burn Threat To Children

admin — Tue, 17 Jan 2012 19:36:32 +0000

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.

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

Drug Facility Malfunction: Are you Taking the Right Medication?

admin — Wed, 11 Jan 2012 18:23:11 +0000

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

A Simple Oral Procedure Leaves a Family in Mourning

admin — Wed, 11 Jan 2012 18:17:30 +0000

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

IKEA High Chairs Pose Dangers To Kids

admin — Wed, 11 Jan 2012 02:44:42 +0000

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

Johnson & Johnson: Not So Kid Friendly?

admin — Wed, 11 Jan 2012 02:35:16 +0000

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