Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Product Liability

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Product Liability Litigation Product liability litigation is one of the only areas of litigation that companies spent more on in 2015.

A recent article in Law 360  provides an overview of the BTI Litigation Outlook 2016 report by BTI Consulting Group and indicates that companies have been spending more on product liability litigation in 2015 and will most probably continue to do so in 2016.

This increase in product liability litigation is mostly related to regulation on food safety such as food labeling and the use of genetically modified ingredients.

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Rubinowitz-Ben-B_12d7428b-27a7-4195-bebc-7788dce43088Lawyer of the yearCongratulations to our managing partner Ben Rubinowitz for being recognized by Best Lawyers® as the 2016 Product Liability Litigation – Plaintiffs “Lawyer of the Year” in New York City.

This is in recognition of his history of helping people injured by the negligence and carelessness of others.

Throughout his career, New York Product Liability Lawyer Ben Rubinowitz has made his mark as a leading trial lawyer combining hard work and dedication with his remarkable courtroom skills and presence. In 2013 Ben was voted ” Best Lawyers, Personal Injury Litigation-Plaintiff’s  ‘Lawyer of the Year’  New York City Area.” Mr. Rubinowitz began his career as a prosecutor, where he honed the trial skills that would become his hallmark. From there, he began serving as a trial lawyer representing severely injured plaintiffs in personal injury cases, eventually joining Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf in 1989. For the past 13 years Mr. Rubinowitz was featured in New York Magazines’ article on “Best Lawyers in New York” and was one of ten GGCSMB&R attorneys who were listed in “The Best Lawyers in America”. For the past 9 years Ben has been recognized in the New York Times as one of the “Top 100” lawyers in the New York Metro area, as evaluated by New York Super Lawyers.  Ben was honored by being elected to be a member of the prestigious Inner Circle of Advocates. The Inner Circle of Advocates is limited to 100 members considered among the best plaintiffs attorneys in the United States and also to be “lawyers of excellent character and integrity.”

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airbagThe National Highway Traffic Safety Administration (NHTSA) just announced that they were probing another company for defective airbags. According to the document posted on the NHTSA website, ARC Automotive is being investigated for airbag inflator rupture following two reports of incidents during which two people were injured.  A first incident of airbag inflator rupture was reported in 2009 but was considered an isolated case. However after KIA reported, this year, a product liability lawsuit for another airbag rupture from the same manufacturer, the US Safety regulators decided to probe ARC Automotive, Inc. The ARC probe will cover airbags in about 420,000 Fiat Chrysler Town and Country minivans from model year 2002, and 70,000 Kia Optima midsize sedans from model year 2004. Read more on the CNBC website

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Medtronic announced yesterday that certain lots of its neonatal and pediatric Covidien Shiley(TM) tracheostomy tubes are defective and can seriously injure children. The defective products were formed with a wider-angle bend than standard models, making it difficult for patients to breath.  In its press released Medtronic indicates that it already started to notify hospitals and distributors at the end of May. The company also asks that customers and distributors  notify primary care physicians and home care providers to whom they provided such devices. Read the press release 

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airbag1aOne in seven vehicles on American roads may have defective airbags that can potentially severely injured or even killed passengers as they violently deployed and send shrapnel flying into the car passenger’s compartment. Yesterday after more than 10 years of denial, Takata admitted that his products were defective and agreed to double the number of vehicles recalled in the Unites States to nearly 34 millions.

When a crash happens, pellets of a propellant based on ammonia nitrate are ignited and generate the nitrogen gas that inflates the airbag in a fraction of a second.  Takata said manufacturing problems, together with exposure to moisture in cars in humid regions, can cause the propellant to degrade. This can make the propellant burn too strongly when the airbag is deployed, rupturing the inflater and sending metal fragments into the car’s interior and injuring the driver or passengers.

Read more in the New York Times

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A defective surgical staple used to close tissue in the left atrial appendage of the heart is being recalled by the FDA after reports that patients suffered personal injuries such as tissue tears and bleeding  including a possible tear of the left atrial wall (top left chamber) during use of the device.   The manufacturer of the defective medical device, Maquet Medical Systems, sent an “Urgent Medical Device Recall (Removal) Immediate Action Required” letter to all affected customers asking them to immediately remove and quarantine the Tiger paw System II from their inventory.

Read the press release from the FDA

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window blindsSince 1981, the Consumer Product Safety Commission (CPSC) has identified window blind cords as a cause of strangulation deaths among children under five but not much has been done by the industry to develop safety measures to mitigate this risk.

Recently Parents for Window Blind Safety, Consumer Federation of America, Consumers Union, Kids in Danger, Public Citizen, U.S. PIRG, Independent Safety Consulting, Safety Behavior Analysis, Inc. and Onder, Shelton, O’Leary & Peterson joined together to petition the CPSC to create a rule that would ban new blinds with cords if the cords can’t be kept away from children.

Read more in FairWarning

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Beech-Nut Product recallAttention parents, some Beech-Nut products may potentially be dangerous for your children and should be returned to the manufacturer for a refund. After a consumer found a small piece of glass in a jar Beech-Nut Stage 2 Sweet potato & Chicken, the manufacturer issued a voluntary recall of the product. The recalled product is in a 4oz glass jar marked “DEC 2016” and includes product numbers “12395750815” through “12395750821” on the cap. It bears the establishment number “P-68A” inside the USDA mark of inspection.

 

 

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Wallcure simulation ssalineTwo patients were seriously injured in a New York urgent care facility after they were inadvertently administered non sterile simulation intravenous fluids. They both experienced a febrile illness during administration and had to be hospitalized. One of them developed sepsis. Both of them survived.

The cases were reported to the New York State Department of Health (NYSDOH)last year. The NYSDOH  began a collaborative investigation with the CDC in December.  The investigation found that four other New York outpatient facilities had received Wallcur simulation saline. All facilities said they had ordered the real product and weren’t aware that they had received a simulation product until they were were notified by the NYSDOH. Fortunately none of the facilities had used the product yet.

Wallcur recalled all its saline simulation products from the market at the beginning of the year (see previous blog). Investigation was pursued by the CDC at a national level. So far nationally 9 adverse events have been reported for 25 people including 11 hospitalizations. Two deaths occurred even though it wasn’t clear that they were related to the administration of the product.  All clinical facilities that received the products confirmed that they were not aware at time of purchase that the product was intended for simulation only. Read more on the CDC website

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LACTATED_RINGERS_IRRIGATIONHopsira announced a voluntary product recall after reports from customers indicated that a lot of Lactated Ringer’s Irrigation, 3000mL may be contaminated with mold. Lactated Ringers Irrigation is a sterile, nonpyrogenic solution of electrolytes in water for injection, intended only for sterile irrigation, washing and rinsing purposes. Contaminated solution can be  fatal if used on patients as it may cause bacteremia, sepsis, septic shock and endocarditis. This product is used on humans and animals. Read the press release from Hospira

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