Product Liability

Published on: August 1, 2016

Multiple Child Deaths Force Ikea into Largest American Furniture Recall

Furniture related tip-over accidents occur throughout the household. The results of these accidents can be dangerous and in some cases life threatening, especially to the young small children of the household. Since 1989, at least six child deaths and over 70 injuries in tip-over furniture related accidents have occurred. Most recently, in the past three years there have been three child deaths and numerous reported and unreported injuries as a result of Ikea furniture related tip-over accidents. These accidents have forced Ikea to recall various free-standing furniture.

In 2016, Ikea struck an agreement with federal regulatory officials to announce a recall over their furniture related to tip-over accidents, specifically free-standing dressers and chests. The recall applies to over 29 million pieces of furniture in the United States, in what is the largest furniture safety recall in American history according to the Consumer Product Safety Commission. Elliot F. Kaye, the head of the Consumer Product Safety Commission, delivered a statement speaking to the dangerousness of the recalled Ikea furniture. Kaye emphasized the seriousness of the dangers in those households with young children because in many cases children attempt to climb or pull on the furniture, and if the furniture is free-standing, a tip-over related accident may occur.

According to the recall agreement, customers are able to choose from two options. The first option is Ikea will pick up all recalled furniture from the customer’s home and offer the customer a refund. According to the second option, Ikea is offering to install wall anchor kits to secure the recalled furniture to a wall or any other secure surface for those customers not looking to return their recalled dressers and chests.

Published on: August 1, 2016

Johnson & Johnson talc based products primarily used in feminine hygiene material and makeup, have been linked to both ovarian and lung cancer due to asbestos content

by Naumes Law

Are common talcum-powder products a leading cause of cancer? Over 1,200 current and former lawsuits would argue that the talcum-powder, also known as talc, products are doing just that, causing cancer. Among the lawsuits are allegations that a common talc product producer, Johnson & Johnson, had knowledge of their talcum-powder products’ potential cancer risks, yet chose not to give their customers any cautionary warning.

Talcum-powder is regularly used in the production of various feminine hygiene products, including but not limited to sanitary napkins, powders, makeups, shampoos, lotions, lipsticks, deodorants, face masks, shower products, and eye shadow. According to the Campaign for Safe Cosmetics, “Some talc may contain the known carcinogen asbestos, therefore it should be avoided in powders and other personal care products, unless it is known to be asbestos-free.” Johnson & Johnson’s Shower to Shower is recognized as one of the most popular talcum-powder based products. Also, the Cancer Prevention Research journals cite an increase of the association of genital powder use and epithelial ovarian cancer.

Since the use of talc products has been linked to lung cancer, various respiratory diseases and ovarian cancer many foreign nations have been taking the necessary steps towards barring health threatening talc cosmetic products. For instance, Canada has put in place strict regulations on talc use in baby products and the European Union has gone as far as banning the use of talc in cosmetic products all together. Currently, the United States has no such regulations or a ban of talc products.

Published on: August 1, 2016

Stryker Rejuvenate and ABG II Modular-Neck Hip Stems recall leading to multiple types of undesirable side effects and patient complications

by Naumes Law

The Michigan based Stryker Corporation, a medical technology firm, has been the under the spotlight due to their medical device recalls. In 2012, Stryker was forced to recall the popular surgical implant or replacement medical products Rejuvenate and ABG II Modular-Neck Hip Stems due to their connection to patient problems and negative side effects.

Rejuvenate and ABG II Modular-Neck Hip Stems were unlike any of the current hip implant technology on the market. At that time the market was known for using a one-piece neck and stem construction, but the Rejuvenate and ABG II Modular-Neck Hip Stems were constructed using a system of multiple stem and neck mechanisms. The multiple components were instrumental in allowing for a more custom fit for implant or replacement patients. The products’ qualities including the system of multiple components, coupled with theoretical stability, longevity and larger range of motion, allowed Stryker Corp. to advertise the Rejuvenate and ABG II Modular-Neck Hip Stems as one of the top of the line performance surgical products, especially to younger patients in need of implant procedures.

Stryker also made their Rejuvenate and ABG II Modular-Neck Hip Stems with an alloy that allegedly was stronger than other alloys being used on that time’s current market. Stryker additionally claimed that their alloy blend “resembles that of bone.” The alloy blend consisted of titanium, iron, molybdenum and zirconium. Stryker maintained that this blend would deter metal corrosion and fretting, which is where small metal flakes break off and enter into the body. Unfortunately, Stryker was incorrect and the alloy blend based products caused serious negative side effects, predominantly the release of combinations of toxic metals into the body of the implant or replacement patient.

Published on: March 3, 2016

Development in Takata Defective Airbag Recalls

by Naumes Law

Takata, one of the largest manufacturers of airbags in the world, was hit with another recall by Toyota and Lexis. The latest recall involves almost 198,000 vehicles. The Toyota airbag recall comes on the heels of a General Motors recall of more than 200,000 vehicles.

The alleged design defect in the airbags has been attributed to a dual stage front passenger inflator, which is susceptible to failure or rupture upon deployment in the event of an accident. The result of which can propel metal fragments into vehicle passengers causing serious personal injury.

Toyota and General Motors have both issued recall statements, in particular 2008-model year Corollas and Lexus SC 430’s manufactured between 2008 and 2010. According to GM, vehicles with Takata airbags may also impact SAABS, Saturn, and other vehicles in model years ranging from 2003 to 2011. More than 34 million vehicles with Takata airbags have recalled been in the United States.

Published on: February 3, 2016

BOSTON SCIENTIFIC TRANSVAGINAL MESH TRIALS

by Naumes Law

BOSTON SCIENTIFIC TRANSVAGINAL MESH TRIALS

Mesh trials against Boston Scientific for pelvic mesh products have been met with mixed results. To date twelve cases have gone to a jury against the manufacturer of the recalled Pinnacle system, the Uphold system, and the Obtryx sling. The Plaintiffs’ have won eight of these cases and the Defendant has won four.

Most recently in Missouri, Boston Scientific prevailed in a case in Kansas City, Missouri. A jury found that the Solyx mesh product, and a C.R Bard mesh product named the Align, were not defectively designed. This trial marked the first time that a mesh trial was conducted against the manufacturers of two different mesh products.

Published on: September 8, 2015

Transvaginal Mesh Update Regarding C.R. Bard & Johnson & Johnson

by Naumes Law

Transvaginal Mesh Update

As summer ends there is optimism regarding upcoming transvaginal mesh settlements. Recently firms have settled with C.R. Bard, and Coloplast for sums that exceed the previous settlements with American Medical Systems, (AMS).

Recently C.R. Bard settled approximately 3,000 cases for 200 million dollars. This number exceeds the previous per case average set by the American Medical Systems settlement from May of 2014. C.R. Bard manufactured Avaulta mesh for pelvic organ prolapse, and several other products for stress urinary incontinence, such as the Align, and the Ajust. The Naumes Law Group is optimistic that settlements for women who have been injured by products manufactured by Boston Scientific and Ethicon will occur in the near future.

Published on: February 3, 2015

Travelers Insurance Finally Agrees to Pay Asbestos Victims

by Naumes Law

Travelers Insurance Finally Agrees to Pay Asbestos Victims

Ten years after reneging on a settlement agreement with asbestos victims, Travelers Insurance has finally agreed to fund the settlement. On January 5, 2015 the U.S. Court of Appeals for the Second Circuit denied their latest motion for a rehearing and further review by the Circuit Court, ending a “fiendishly complex case”.

The litigation began in 2001, when a group of asbestos victim’s law firms filed lawsuits in Hawaii, West Virginia and Massachusetts state courts over Travelers unfair settlement practices. After the cases were removed to U.S. Bankruptcy Court for the Southern District of New York, Travelers settled following a mediation with Governor Mario Cuomo. The company agreed to pay the Statutory Settlement Claimants $ 360 million, in addition to payments for Common Law and Hawaii victims.

When other insurance companies attempted to intervene in the litigation, Travelers used that as an excuse to renege. The Plaintiff’s firms refused to give up and the case went from Bankruptcy Court to the District Court, U.S. Court of Appeals (twice), and the United States Supreme Court (twice). Thankfully thousands of asbestos victims will now get the compensation they deserve with millions of dollars of interest added to the settlements. Continue reading

Published on: January 13, 2015

How $50K Per Year Equates To Half A Billion Dollars – The Intentionally Defective guardrail.

by Naumes Law

Government contract awards can pay big money and be lucrative. But so can the cost of defrauding them. The jury of a Marshall, Texas court found defendant Trinity Industries, a leading guardrail manufacturer, liable for misrepresentation and fraudulent behavior. The suit brought by competitor Josh Harman on behalf of the state government claimed Trinity Industries fraudulently misrepresented safety modification Trinity Industries made to its guardrail design. Josh Harman claims states were receiving guardrails different than what was expected.

The intended design the government believed they were receiving was to ribbon out when impacted head-on by a vehicle. Unfortunately for many crash victims, the guardrail given by Trinity Industries and installed along roads from East to West “locked up” and cut through the vehicle injuring passengers and even severing limbs. The delivered design, ET-Plus, is only different from the intended design by one inch. At the head of the guardrail is a piece of metal that upon impact was intended to shrink five inches. However, for a $2 per head savings, approximately $50,000 per year for the mammoth Trinity Industries, internal email communications show Trinity industries reduced the shrinking distance by one inch to four inches.

Published on: January 13, 2015

Defective Airbags

by Naumes Law

Airbags are generally thought to protect drivers and passengers. However, when an airbag or car manufacturer defectively designs, manufacturers, or installs the life saving component, what is intended to prevent injury can become the real killer.

Take the example of Guddi Rathore. Guddi Rathore was killed when a defective airbag in her 2001 Honda Accord exploded after a minor fender bender. Upon defective deployment, the airbag violently deployed and projected debris and metal particles lacerating her neck and arteries. Another incident occurred only this month in Orlando, Florida. Like Rathore, Hien Tran was killed when defective airbag deployment also sent shrapnel into her neck. Tran bled to death.