- A Tier 1 Firm for Personal Injury Litigation – Plaintiff in New York City
- A Tier 1 Firm for Medical Malpractice Litigation – Plaintiff in New York City
A few months ago, a 9 year old girl was rushed to a New York ER after she swallowed dangerous high-powered tiny magnets that got stuck in her stomach. Doctors had to effectuate an emergency endoscopy on the little girl to remove the magnets. In another case, a Long Island doctor had to remove tiny magnets that ended up on each side of the lingual frenum, the fleshy part of tissues under the tongue, of a patient. The patient had to be sedated so the doctor could pull the whole tongue out to remove the magnets. Doctors are also seeing multiple cases of children having their ears, noses and genitalia pinched by the magnets. Cases of young children swallowing the magnets and suffering major injuries such as perforated intestines and bowels after they got stuck in their internal organs are also on the rise.
The small rare-earth magnets were recalled and banned from the American market by the US Consumer Safety Commission in 2012. However, Zen, a magnet manufacturer based in Denver fought back and engaged in a legal marathon with the CPSC that has so far allowed the tiny magnets to stay on the market.
In a recent study published in the Journal of Pediatric Gastroenterology and Nutrition and entitled “Magnet Ingestions in Children Presenting to Emergency Departments in the United States
16 people were injured after a defective pedal on their peloton bike broke. Five of them required medical care such as stiches in their lower leg. Peloton Interactive, Inc. a New York based company, received so far 120 complaints of defective pedal and announced on October 15 that it was recalling the PR70P Clip-In Pedals fitted on Peloton bikes which were sold between July 2013 and May 2016. The potentially defective pedal has a orange logo and the name Peloton is printed in white letters next to it. It was manufactured in Taiwan. While Peloton recommend consumers change their pedals every year, consumers who bought the PR70P Clip-In Pedals are being notified directly by the company that will let them know how they can receive free pedals with accompanying instructions on how to install them.
5,700 defective Extension Cord Splitters sold by Homerygardens at Walmart and Amazon.com recalled the same day
Are KN95 masks provided to healthcare workers reliable? The high demand of N95 masks has disrupted the usual supply chain. Therefore hospitals and other healthcare facilities had to turn to non traditional suppliers of PPE here in the US or in other countries. While things are not as bad as they used to be at the beginning of the covid-19 crisis, disruptions still occur and a lot a unscrupulous manufacturers are trying to sell counterfeit or defective products to hospitals.
When turning to non traditional suppliers how can healthcare providers make sure that they are buying masks that will protect their workers?
The ECRI institute recently published a video with recommendations form experts on how to vet a new mask supplier. Here are the top 10 recommendations:
75 dangerous hand sanitizers that are being sold at major retailers such as CVS, Wallmart and others have been recalled by the FDA. The dangerous products contained methanol, also known as wood alcohol. When absorbed by the skin or swallowed, methanol can lead to severe injury such as blindness neurological damage or even death. The FDA has received several reports of consumers including children who suffered personal injury or died after being exposed to these dangerous products.
Please check your hand sanitizer and make sure it is not part of the list released by the FDA.
Some of the products recalled were sold under the following brands: Good Gel, Lavar 70, Saniderm, CleanCare, All-Clean and Eskbiochem. All these brands are manufactured by the same Mexican company Eskbiochem SA de CV.
The sale of a dangerous product that has been used for years by American families and women is being discontinued in the US and in Canada. Johnson & Johnson announced yesterday that it was removing its talc based baby powder from the market. The decision to remove this product from the store shelves is coming after thousands of women sued the company claiming the powder that was tainted with asbestos was responsible for their ovarian cancer.
Johnsons & Johnson always denied the claims and announced in a statement yesterday that its decision to remove the talc baby powder from the market was based on a decline in sale that was due to changing consumer habits and a misinformation campaign about the safety of the product.
While the company always defended publicly that the baby powder was safe, internal documents dating from as early as 1973 and produced by attorneys in lawsuits, indicate that the company was worried about the carcinogenic effects of the product. A company official wrote in a memo “If Johnson’s Baby Powder contained asbestos at a concentration of 1 percent, how much of the cancer-causing substance might a baby inhale when dusted with the powder?”
Fire, poisoning and drowning are among the most common causes of accidents in the house
Defectives products are being sold on Amazon by third party vendors and the current Amazon policy is to decline any responsibility for defective merchandise sold by these vendors. Defective products sold on Amazon have lead to serious injuries and deaths. A man who bought a motorcycle helmet that was out of compliance with federal safety standards died after the helmet came off in an accident. Amazon settled the case for $5,000 and refused to accept any responsibility.
In another case, a third party seller sold a defective hover board to a family in Nashville. The defective hover board caught fire and the house burned down while two children jumped out of the window to escape death. In court papers it was proven that Amazon knew that the product was defective but didn’t prevent the third party vendor from selling it. An appeals court ruled that under state product liability law Amazon was not the seller but allowed the plaintiff’s claim of negligence against Amazon to go to trial.
Recent decision indicates Amazon could be held liable for defective products sold by third party vendors
A potentially defective fuel pump in some Toyota and Lexus models manufactured between 2013 and 2018 may cause the vehicle to stop operating. The defect was previously reported in January and 700,000 were recalled at that time. Yesterday the manufacturer announced that it was expanding the recall for the same defect to a total of 1.8 million vehicles. The models recalled are:
- 2013-2015 Model Year Lexus LS 460;
- 2013-2014 Model Year Lexus GS 350;