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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Volkswagen.jpg Volkswagen is recalling several popular models for the the following reasons:

– In order to prevent electric malfunctions 1.6 million VW, Audi, Skoda and Seat models with dual-clutch gearbox need to have their Synthetic Oil Lubricant replaced with Mineral Oil Lubricant

– 800,000 Tiguan SUV are being recalled to fix a potential defective lighting system

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Because Dietary supplements are available in health stores without prescriptions most consumers believe they are safe. But Some Body Building, Weight Loss and Sexual Enhancement dietary supplements contains hidden ingredients that can cause serious personal injury and sometimes lead to death.

Last week after 56 six cases of liver injuries and one death case were linked to the use of OxyElite Pro Dietary Supplements, the manufacturer USPlabs recalled all products containing Aegeline and VERSA -1, two illegal ingredients. (for more see USA Today)

The production of the sport supplement “Craze” was suspended by the manufacturer Driven Sports at the end of last month after tests conducted by the Harvard Medical School revealed the supplement contains potentially dangerous amounts of methamphetamine analog. The owner of Driven Sports, Matt Cahill was convicted in 2005 of felony charges for the sale of the weight-loss pills made from a highly toxic chemical pesticide banned from human consumption. He served two years in prison. (see Boston Globe)

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Seven car accidents and two injuries have been caused by a defective tie-rod assembly that became misaligned in some Chrysler Ram Trucks. The misalignment can lead to component fracture and steering loss. These accidents prompted a recall by Chrysler that will include an estimated 842,400 model-year 2003-2008 Ram 2500 and 3500 trucks. Two additional campaigns are being conducted to capture those vehicles known to have tie-rod assemblies linked to previous recalls. They comprise 294,000 model-year 2008-2012 Ram 2500 and 3500 pickups, chassis cabs and 2008 Ram 1500 4×4 Mega Cabs; plus 43,500 model-year 2008-2012 Ram 4500 and 5500 4×4 chassis cabs.

Ram%20Truck.jpg

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Cases of serious personal injury such as small holes in the stomach and colon, colon blockage, blood poisoning and death have been reported in recent years to the CPSC after children swallowed two or more tiny magnetic stacking balls that attracted one another internally.

High-powered magnetic stacking balls such as Buckyballs,® are marketed to adults as a desk toy and stress reliever. They are used to create patterns and build shapes. They are usually sold in sets of 200 pieces or more in stationery, office supply and gift stores, and also on the Internet.

Even though they are prohibited for children younger than 14, growing reports of incidents led the U.S. Consumer Product Safety Commission (CPSC) to recall Buckyball sets of tiny magnetic stacking balls declaring them a swallowing hazard to young children.

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Because a defective sensor may cause the car to brake on its own, Honda is recalling its Odyssey minivans from the 2007 and 2008 model years. Honda will install a new sensor on all recalled models. However new sensors will not be available until the spring of 2014.

In the meantime Honda recommends to minivan owners to start their vehicle with the wheels facing straight ahead, allowing the system to properly recalibrate. Drivers who experience unexpected braking should stop and restart the minivan. Tapping on the brake pedal “will immediately stop the self-braking action,” Honda said.

So far no injury or crash has been reported.

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salad%20kit.jpgFear of possible Listeria Contamination prompted several companies to recall their ready to eat salad kits as the Center for Disease Control and Prevention and the U.S. Department of Agriculture and the Food and Drug Administration are working together to monitor and prevent potential Listeria-related illnesses.

In a previous blog we announced that Milwaukee-based Garden-Fresh Foods Inc had recalled close to 100,000 pounds of food in September and October. Last week the FDA issued a third class I recall for the company that included an additional 103,080 pounds of products. A food safety assessment at the facility following the initial recall, indicated that additional products may have been contaminated due to harborage of Listeria monocytogenes within the facility.

Another Class I recall was issued on October 29 for Taylor Farms Maryland and Taylor Farms Texas. Approximately 22,849 pounds of broccoli salad kit products were recalled due to concerns about possible Listeria contamination in the salad dressing.

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Our partner Anthony Gair was invited by the New York State Bar Association to speak at their seminar LITIGATING THE PRODUCTS LIABILITY CASE: LAW AND PRACTICE in New York City on October 24th.

This is a video from his presentation. If you would like to see the complete program (with different speakers) a live webcast option will be available on Friday November 1st 2013 for the Albany Program. Click here for more info.

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2014-nissan-pathfinder-hybrid.jpg Defective brake control software may increase the risk of an accident for Nissan Pathfinders from model years 2013 and 2014, as well as Infiniti JX35 SUVs from model year 2013, and QX60 SUVs from model year 2014.

In the affected vehicles, on rough or uneven roads, software settings in the antilock braking system may lead to stopping distances that are longer than drivers expect, Nissan said.

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Last march Hyundai recalled its Genesis Sedan model manufactured between April 1, 2008 and March 16, 2012 to fix a defective brake system but only 60% have been repaired.

After the NHTSA received 23 complaints of incidents related to increased brake pedal travel and reduced brake effectiveness in model year 2009 Hyundai Genesis vehicles, including one crash, Hyundai is issuing a second recall the fix the other 40%.

Owners will be notified by mail but they can contact their dealer to have their car checked immediately if they wish.

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defective%20stent.jpg The defective stents may cause serious personal injury such as complications of bleeding, loss of limb, heart attack (myocardial infarction), stroke, vascular surgery, and/or death if they fail to deploy properly.

The LifeStent Solo Vascular Stent manufactured by Bard Peripheral Vascular is an implantable self-expanding stent and delivery system used to improve the inner open space of a blood vessel in patients who have lesions caused by abnormal narrowing of the affected blood vessel.

Defective products were manufactured and distributed from November 2011 to June 13, 2012 , the defective implants code information can be found on the FDA website

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