Posts Tagged foreseeable risks

More than 4.8M Units of Potentially Dangerous Imported Products Discovered During Fiscal Year 2012 Government Screenings

29 July 2013

The U.S. Consumer Product Safety Commission (CPSC) ended fiscal year 2012 having stopped a total of about 4.8 million units of products that violated U.S. safety rules or were found to be hazardous during the fiscal year (October 2011 to September 2012). More than 18,000 different imported consumer products were screened, and about 1,500 of those products were found to be violations and were stopped from moving into the U.S. stream of commerce.

As in the previous fiscal quarters, children’s products with lead levels exceeding federal limits continued to make up the bulk of products stopped in the fourth quarter of 2012.  Toys and other articles with small parts that present a choking hazard for children younger than 3 years old and toys and child care articles with phthalate levels in excess of federal limits were also product categories with a high number of seizures.

Screening efforts intensified in 2008 with the creation of a government import surveillance division, and again in 2011 with the creation of the Office of Import Surveillance.

The Import Stoppage Report and the table of Violative Products Seized at the Port during 4th Quarter, FY 2012 are available at http://www.cpsc.gov/en/Newsroom/News-Releases/2013/More-than-48M-Units-of-Violative-Imported-Products-Kept-at-Bay-During-Fiscal-Year-2012/.

Toys and children’s products may be hazardous because of a defective design, or due to poor manufacturing, misleadingly advertised, inaccurate labels, or inadequate cautions or warnings. If you or a loved one has experienced personal injury as the result of using a defective product, speak with a personal injury lawyer at Swartz and Swartz PC to learn about the legal options available to you. Contact our Boston Law office – we are here to answer your questions and protect your legal rights. Call us at (617) 742-1900 or Toll Free at (800) 545-3732.

President of LM Import-Export Sentenced Prison and Fined for Importing Banned Children’s Products

6 June 2013

Florida Federal District Court Judge Kathleen M. Williams issued a significant sentenced Hung Lam, President of LM Import-Export Inc., to 22 months incarceration in federal prison, three years of supervised release and a $10,000 fine for pleading guilty to conspiracy to traffic and smuggle in banned children’s products that contained lead and small parts. Mr. Lam’s actions were deemed to have violated federal laws enforced by the U.S. Consumer Product Safety Commission (CPSC).  Mr. Lam was also convicted of one count of trafficking in counterfeit goods.

From about April 2000 through May 2011, defendant Lam and his related corporations LM Import-Export Inc., Lam’s Investment Corp., and LK Toys Corporation, conspired to sell and distribute in commerce banned children’s products imported from China.  These actions were in violation of the Consumer Product Safety Act and the Federal Hazardous Substances Act.  These products allegedly presented the risk of choking, aspiration, and ingestion, and some contained lead above the federal limits.

The dangers of catastrophic injury that these products can cause are severe, and manufacturers who ignore laws in place to help ensure safety of our children must be held accountable. Efforts by our courts and government in this regard are to be applauded.

Boston Bicyclist Struck and Killed

20 May 2013

A visiting scientist from Japan has been killed while riding her bicycle in Boston. Police say that the rider, who has been working at the Massachusetts Institute of Technology (MIT), was struck at the intersection of Beacon Street and Charlesgate West at about 3:30 pm Sunday.

The cyclist has been identified by MIT as 36-year-old Kanako Miura, who was pronounced dead at the scene. Police describe her death as a hit-and-run and are looking for a garbage truck that may have been involved.

As the use of bicycles on roadways grows, concerns have increased regarding the safety of riders and drivers, and the ability of existing roadways to handle the increased volume. If you or a family member have suffered significant personal injuries as the result of a bicycle or car accident and would like to speak with an experienced personal injury 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.

Papa Bear Loungeabouts Recalled for Flammability

1 March 2012
 The playful papa bear loungeabouts have been recalled due to flammability standard failure. The U.S. Consumer Product Safety Commission (UPCPSC) claims that about 10,000 of these pajamas have been recalled as they pose a burn injury risk to the kids who wear them. Fortunately, no one has been harmed by this hazard yet. These pajamas come is all shapes and sizes, including pajama pants, nightgowns, and more. Consumers are recommended to stop using this recalled sleepwear and return the product to the respective retailer for a refund, exchange, or store credit.

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.

At Swartz & Swartz, P.C., our injury attorneys pursue justice on behalf of victims of hazardous products and auto defects throughout the United States. Our firm has a national reputation for successfully representing consumers and their families who have been victimized by hazardous products, resulting in severe and catastrophic injuries.

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

 
 

Johnson & Johnson’s CEO Steps Down

24 February 2012

Following an embarrassing streak of recalls, Johnson & Johnson’s (J&J) longtime CEO, Bill Weldon, has announced his resignation as the health care giant’s top executive. Product recalls ranging from Tylenol to Benadryl have cost the company hundreds of millions of dollars and has eroded consumer trust. Though Weldon has decided to step down, he does not intend to end his 31 year career at J&J unless asked to do so.
 
Products recalled during under Weldon’s tenure resulted from claims of contamination. J&J’s Mcneil Consumer Healthcare unit alone announced 25 product recalls since September 2009. With all of these manufacturing defects has come increased scrutiny and suspicion of many J&J facilities – one facility in Fort Washington, Pa. is being completely rebuilt. The volume of affected products has alarmed industry insiders as well a government officials.
 
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.
 
Many tragic deaths and serious injuries could be avoided if corporations focused on preventive safety engineering and consumer education. Too often, manufacturers and distributors expend significant resources on self-serving public relations campaigns, rather than critical protection of the consumers who use 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 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

Lee Carter Co. Announces Voluntary Recall of Two Kids Products

30 January 2012

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

30 January 2012

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

Instant Soup: A Serious Burn Threat To Children

17 January 2012

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

 

A Simple Oral Procedure Leaves a Family in Mourning

11 January 2012

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

Johnson & Johnson: Not So Kid Friendly?

10 January 2012

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

 

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