Posts Tagged full damages

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

 

Rod Covlin Charged as Suspect for Wife’s Death

30 December 2011

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

Virginia Tech Suffers Yet Another Loss

9 December 2011

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

Kid’s Toys: Not Always that Friendly?

18 November 2011

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

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