Product Liability

Published on: January 28, 2015

To prevent personal injury or death related to defective automated external defibrillators, the FDA just announced that manufacturers will now be required to submit premarket approval applications for their new products

When a person is injured or dies because of an automated external defibrillator failure, it is often the result of a defective design or a manufacturing flaw such as the inadequate quality control of outsourced components. Automated External Defibrillators (AEDs) are usually stored in public places and ready for use if someone suddenly suffers from a life threatening cardiac arrhythmia. Unfortunately these medical devices have a history of malfunctions. In the last 10 years the FDA received more than 72,000 medical reports associated with defective AEDs. During the same period of time, 111 recalls were conducted affecting more than two million defective products.

Therefore the FDA decided to take additional steps to improve the quality of these products. The agency issued a final order that will require AED manufacturers to submit premarket approval applications (PMAs), which undergo a more rigorous review than what was required to market these products in the past.

Read the FDA press release here

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Published on: January 14, 2015

Honda just got fined a record amount of $70 million for not reporting 1729 death and injury claims as well as warranty claims but the fine seems modest compared to the $1.5 billion operating profit the car company recorded between July and September

By GGCRBHS&M

Death, injury and warranty claims can serve as an early warning of defects or other problems in a car and manufacturers are required by law to submit this information to the government. For the last 11 years, Honda consistently under reported these claims and was fined $70 million for not doing so (see Honda Fined for Violations of Safety Law).Even though this penalty is the highest amount ever fined a car manufacturer by the federal regulators it still seems very modest in comparison to the revenue of the giant car manufacturers. The Obama administration wants to raise the maximum fine to $300 million but would that be enough?

Published on: January 12, 2015

A company selling products intended for medical training purposes is recalling some of its practice IV Bags as reports came out that they were being used on patients

By GGCRBHS&M

To administer non sterile products intended for training to patients is medical malpractice that can have very dangerous consequences. Recently Wallcur, a company that sells medical products intended for training purposes only, received reports that some of its training Sodium Chloride IV Bags had been used outside of their intended use and administered to patients. These bags are not sterile and are for simulation purposes only. To prevent these products from being injected in humans or animals, the company recently issued a product recall and is intending to improve the labels before to continue the distribution of these products..

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Published on: November 18, 2014

A motorsports manufacturer which allegedly failed to report defective minibikes and go-carts recently agreed to pay a $4.3 million civil penalty

By GGCRBHS&M

Baja%20Motorsports%20mini-bike1.jpg Baja Motorsports knowingly failed to report immediately defects and an unreasonable risk of serious injury involving 11 models of minibikes and go-carts said the Consumer Product Safety Commission in charges that were resolved by a settlement reached recently between the two parties.

The defective minibikes and go-carts were sold by Baja Inc., and its corporate affiliate, One World Technologies Inc., of Anderson, S.C. in the United States from 2004 to 2010. During that period of time Baja received several reports that people had been injured, including a child who was severely burned, after the gas cap leaked or detached from the fuel tank. Baja also received reports of stuck throttles. The CPSC charged that the the throttle could stick, due to an improperly positioned fuel line and throttle cable, posing a sudden acceleration hazard. The company didn’t file a full report with the CPSC until June 2010.

1.2 million Defective Smoke/CO Alarms Recalled by Kidde Because of Alarm Failure

By GGCRBHS&M

defective%20alarm.jpg Some Kidde alarms may be defective and fail to alert consumers of a fire or a CO incident. Kidde residential smoke alarm model i12010S with manufacture dates between December 18, 2013 and May 13, 2014, combination smoke/CO alarm il2010SCO with manufacture dates between December 30, 2013 and May 13, 2014, and combination smoke/CO alarm model KN-COSM-IBA with manufacture dates between October 22, 2013 and May 13, 2014 are being recalled by Kidde. The defective alarms are white and round (see picture) with the name Kidded engraved in front of the alarm. These alarms were sold at major retail stores such as Home Depot and also online through Amazon and other online retailers. Consumers who own this product should immediately contact Kidde to have it replaced.
Read more here

Published on: October 2, 2014

10 of our Personal Injury Lawyers selected for the 2014 New York Super Lawyers list

By GGCRBHS&M

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We are proud to announce that for the ninth consecutive year our attorneys have been named to the New York Super Lawyers list. In 2014 ten of our lawyers were selected. These are: Ben B. Rubinowitz, Anthony H. Gair, Howard Hershenhorn, Jeffrey B. Bloom, Richard M. Steigman, Jerome I. Katz, Ernest R. Steigman, Stephen H. Mackauf, Seymour Boyers and Christopher L. Sallay. Peter J. Saghir was again selected to the Rising Stars list.

Our firm is located in Manhattan and handles all types of catastrophic personal injury and wrongful death cases from traffic accidents, construction accidents, medical malpractice to product liability in New York and New Jersey.

Since 1919, the firm has built is reputation as one of the top injury law firms in the United States by limiting its practice to a select group of serious and substantial tort cases so that extensive personal attention and meticulous trial preparation are afforded to each of our clients on all matters. The results speak for themselves as for the last 10 years our firm has obtained verdicts or settlements exceeding $1 million for more than 425 cases.

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Published on: September 18, 2014

Lawmakers on Capitol Hills strongly criticize the National Highway Traffic Safety Administration for overlooking evidence and failing to identify the deadly defect in General Motors cars

By GGCRBHS&M

David Friedman, the head of the NHTSA who testified Tuesday at a Senate hearing about the NHTSA’s handling of the ignition switch defect in General Motor’s cars faced heavy criticism from both parties. The agency was accused of being irresponsible, of failing to use its full authority over automakers and of failing to discover defects that consumers had alerted the agency to.

Just before his testimony the House Committee on Energy and Commerce also released a Staff Report on the GM Ignition Switch Recall that concluded that the “NHTSA had ample information to identify a potential safety defect as early as 2007.”

Read more in the New York Times and in Automotive-Fleet.com

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Published on: September 9, 2014

After two children’s death from suffocating and choking, the Consumer Product Safety Commission and Ace Bayou Corp. announce a voluntary recall of 2.2 million dangerous bean bag chairs

By GGCRBHS&M

Two children died after they opened the zippers of an Ace Bayou bean bag chair , crawled inside the chair’s foam bed and got trapped. They suffocated from the lack of air and inhaled the foam beads.
The voluntary standard requires non-refillable bean bag chairs to have closed and permanently disabled zippers. The Ace Bayou Bean Bag Chairs don’t comply with this standard. The recalled products have two zippers, one on the exterior cover and one underneath on the bean bag itself. Both can be easily opened by children who can then crawl inside and get trapped.

The recalled products were manufactured in China and come in various shape colors and sizes. For more information click here

Published on: August 20, 2014

StarNetworks USA recalls its Magnicubes products because they can cause serious personal injury or death if they are ingested by children or teenagers

By GGCRBHS&M

As part of a settlement of an administrative case based on product defect filed by the U.S. Consumer Product Safety Commission (CPSC) in December 2012, the company Star Networks USA announced a voluntary recall of all Magnicubes Spheres sets and Magnicube Cubes sets. These sets contains high power rare earth magnets that create a substantial injury hazard. The CPSC received numerous reports describing teenagers or children who died or suffered serious personal injury requiring surgery after ingesting the small magnets.

To read more about this recall click here

To read more about product liability click here

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Published on: August 5, 2014

The Summer issue of the Impact Magazine from the Center for Justice and Democracy focuses on General Motors’ Product Liability

By GGCRBHS&M

For over a decade, GM knowingly kept 2.6 million defective cars on the road killing and injuring an untold numbers of road users. From the civil lawsuit brought by personal injury lawyer Lance Cooper who discovered that GM hid information about the defective ignition switch to the multiple recalls of 2014, Impact Magazine, the quarterly issue from the Center for Justice and Democracy focuses on General Motors’ product liability. The magazine looks at the history of the recalls as well as the bankruptcy shield, the issues with used and rented cars and also questions the NHTSA stand.
Download the complete issue of Impact here