Articles Posted in Product Liability

These defective products, manufactured in China, have been recalled after 165 incidents, 46 fires and more than $2.15 million in property damage were reported in the United States and Canada.

The recalls include more than 60 different models of 12 different brands that have been sold at AAFES, HH Gregg, Home Depot, Kmart, Lowe’s, Menards, Mills Fleet Farm, Sam’s Club, Sears and other stores nationwide and in Canada, and online at Amazon.com and Ebay.com, from January 2005 through August 2013.

The complete list of recalled models can be found here.

The defective product, the OASYS Midline Occiput Plate, is a specific part of the OASYS system which is used in spinal surgery to promote fusion and provide stabilization at the junction between the occipital bone and the vertebrae in the cervical and thoracic spine (see picture below of the plate and of the whole OASYS system installed on the spine).

According to the FDA, the pin that connects the tulip head to the plate body can break after the surgery has been performed which may cause serious adverse health consequences including blood loss, nerve injury, and the need for revision surgery to replace the fractured implant.

Class I recalls are issued by the FDA for dangerous or defective products that predictably could cause serious health problems or death.

To assure the safety and the quality of their products manufactured abroad, Western companies are relying on factory inspections conducted by external monitoring companies. Audits not only monitor timing and quality of the production before it is shipped abroad but also make sure that working hours, compensation, management practices and health and safety are adequate so workers are protected and big companies can project a good corporate image to their consumers.
An extensive investigation by Stephanie Clifford and Steven Greenhouse from the New York Times, reveals that the inspection system intended to protect workers and make product safer is riddled by flaws.