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 Tagged with dangerous products

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Chicken CoopIn 2018, 120 Americans died and 25,606 suffered illness after being contaminated by dangerous food. 5,893 of them had to be hospitalized to be treated. Produce caused half of the illnesses, then in order meat and poultry, dairy and eggs, fish and shellfish.

The infections are caused by 7 main bacteria ad 1 parasite:

  1. 9,084 cases of Salmonella caused 2,416 hospitalizations and 36 deaths. Salmonella is mainly found in eggs and chicken
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dangerous sleeper recalledThe Fisher Price rock’n play sleeper is dangerous as babies not only can roll over when unrestrained but they can also suffocate or die from strangulation. A recent investigation by Consumer Reports found that at least 32 babies died in accidents that occurred while they were resting in the Rock’n Play sleeper. A few days after the investigation was published, Fisher Price announced that it was recalling all 4.7 million Rock and Play sleepers.

Rock’n Play sleepers are inclined padded sleepers that automatically rock the babies to put them asleep. The product requires the baby to be inclined on its back and to be restrained which the American Academy of Pediatrics (AAP) doesn’t recommend. Safe sleep guidelines from the AAP recommend that babies be put in their bed alone on their back on a firm flat mattress, free form soft bedding.

Positional Asphixia

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Texting while driving can killApple recently dodged several  product liability lawsuits from families of victims of distracted driving crashes. The lawsuits claimed that Apple not only is aware that the Iphone triggers dangerous compulsive behaviors in some individuals but that the company has the technological means to prevent such behavior when a cellphone user is driving.

Back in 2008, the company submitted a patent for a lockout mechanism that disabled certain phone functions such as texting that could interfere with safe driving when the user is behind the wheel. In the patent, Apple indicated that it was fully aware of the dangers of its product by writing: “Texting while driving has become so widespread that it is doubtful that law enforcement will have any significant effect on stopping the process”.  Later on in 2017 Apple briefly introduced a “Do not Disturb while Driving App”. The app had to be activated by the user and critics said that compulsive users would not be the one activating it.

Despite being aware of the danger of its product, Apple still hasn’t implemented any technology to protect innocent people from being killed on the road on a daily basis. So far all product litigation against the popular company has been dismissed.  One of the most recent ones involved the family of 5 year old Moriah Modisette.  Back in 2014, Moriah was in a car with her parents and her sister on a highway in Dallas when Garrett Wilhelm crashed into their car.  Moriah died and her parents and sister were injured. The investigation found that at the time of the accident Wilhem was chatting on FaceTime.

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JohnsonTo defend  against the nearly 15,0000 product liability lawsuits over its talc products, Imerys Talc America, a main supplier of talc for Johnson & Johnson, recently  announced that it filed for bankruptcy.  Most of the lawsuits against the company alleged that the company continued to supply its products while knowing that they could cause ovarian cancer or  asbestos-related mesothelioma.

The company, a subsidiary of the French company Imerys SA, is denying all accusations that the company knew that the talc powder that it supplied mainly to Johnson & Johnson could cause cancer.

However while filing for bankruptcy the company also mentioned a multibilllion-dollar verdict against Johnson $ Johnson that attracted a lot of attention from  the media.  Last July, 22 women obtained a $4.69 billion verdict against Johnson and Johnson on allegations that the talc powder they used was tainted with asbestos and caused ovarian cancer.

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CBD can be a dangerous productSome CBD products sold over the counter can be dangerous for consumers. A recent investigation by the New York NBC I-Team found that some CBD products contained dangerous amounts of lead and pesticides.
CBD or cannabinol oil is a molecule found in the cannabis flower which therapeutic properties have been tested and confirmed by scientists. CBD doesn’t make people high and clinical research includes studies of anxiety, cognition, movement disorders and pain. A version of the drug called Epidiolex has been approved by the FDA for the treatment of epilepsy disorders in children. Another version that contains CBD and THC was approved by Health Canada to treat neuropathic pain in multiple sclerosis and cancer related pain.

Over the counter CBD products are not controlled by the FDA

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Asbestos_fibresAsbestos is a dangerous product that was used in construction materials decades ago. After it was found that exposure to asbestos could lead to lung cancer, mesothelioma and other respiratory diseases, its usage became strictly regulated in the US.

Now the Environmental Protection Agency is looking at options to use asbestos again in new uses such as “adhesives, sealants, roof and non-roof coatings; extruded sealant tape and other tape; high-grade electrical paper; millboard; pipeline wrap; reinforced plastics; roofing felt; asbestos floor tile and any other building material other than cement” according to a significant New Use Rule (SNUR) proposed by the agency.

Anyone who wishes to comment on this rule proposal can do it until August 10th.

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finger chicken is the most dangerous food in the US
Among all food products offered to American consumers, chicken products  are the most dangerous. They have the highest risk to be contaminated with salmonella or other pathogens and to cause illnesses to consumers according to a recently released study by the Center for Disease Control and Prevention (CDC).

Researchers at the CDC analyzed 5,760 reports of foodborne disease outbreaks that occurred between 2009 and 2015. These outbreaks resulted in 100,939 illnesses, 5,699 hospitalizations, and 145 deaths.

While fish recorded the highest number of contamination followed by dairy products and chicken, chicken was responsible for the most illnesses related to contamination. During the period under review, 3,144 consumers got ill after eating chicken, 2,670 after eating pork and 2,572 after eating seeded vegetables.

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3.3 million units of four varieties of Goldfish Crackers have been recalled over fears that the products might be contaminated with salmonella. Peperidge Farm, the manufacturing company, indicated the potential contamination was caused by whey powder used in the fabrication of the crackers. The varieties of Goldfish Crackers being recalled are:

  • Flavor Blasted Xtra Cheddar
  • Flavor Blasted Sour Cream & Onion
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keyless carMultiple owners of key-less cars have been dying of Carbon Monoxide Poisoning after mistakenly thinking that their car had stopped running. In most scenarios the car owner parks the vehicle in the house garage and takes the wireless key fob thinking that the car has shut down while it hasn’t. Overnight the garage and the house fills with odorless carbon monoxide gas, leaving the owner and other potential house residents dead or severely injured.

There are no exact records of how many people have died or how many people were left with serious injuries such as brain damage after inadvertently leaving their car running but 24 deaths nationwide were reported to the National Highway Traffic Safety Administration since 2006 when the first known case occurred. 70 year old Jeanette Colter, a Florida resident who  left her Toyota Avalon running in the garage ended up collapsing and dying between her kitchen and her living room. Her 89 year old husband died in the bedroom.

In 2009 after several other similar accidents were reported, the Society of Automotive Engineers formed a panel to develop recommended practices to address key-less ignition hazards. In 2011, the group recommended an externally audible or visual alert or automatic shut off of the engine if all doors are closed and the key fob is not present. That same year the NHTSA proposed a new rule with similar recommendations.

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JohnsonA New Jersey jury recently found that Johnson & Johnson baby powder contained asbestos and that the tainted product caused mesothelioma to a New Jersey banker. Mesothelioma is a deadly cancer linked to asbestos.

Stephen Lanzo was awarded $30 million for his pain and suffering and his wife was awarded $7 million in damages as well. 70% has to be paid by J&J and the other 30% by talc supplier Imery Talc America.

Both companies are planning to appeal. They pretend the banker developed cancer after being exposed to another asbestos source such as his school or childhood home.