Every year thousands of infants sustain injuries or are wrongfully killed by dangerous and defective products. In addition, deaths, injuries and property damage from consumer product incidents in general cost the nation more than $900 billion annually. Unfortunately, many of these injuries are caused by the negligence or recklessness of manufacturers and distributors, meaning that many of these injuries and deaths could be avoided.
Infants are particularly vulnerable to dangerous and defective products, including but not limited to toys, clothing, and even drugs. According to a 2011 report produced by the U.S. Consumer Product Safety Commission (CPSIA), among children younger than 5 years of age, there were an estimated 74,100 emergency department-treated injuries, associated with, though not necessarily caused by, nursery products in 2011. In addition, for the 3-year period from 2007 through 2009, the Consumer Product Safety Commission (CPSC) received reports of 341 deaths, associated with, but not necessarily caused by, nursery products among children younger than age 5. Several recalls relating to products used by infants have been reported in the past few months, including but not limited to the following:
HALO SleepSacks Recalled
On August 21, 2013, the CPSC issued a recall of approximately 27,000 HALO SleepSacks Wearable Blankets sold exclusively at Babies R Us and babiesrus.com from December 2011 through July 2013. Citing a risk of a choking hazard to infants, the CPSC advised consumers to stop using the product immediately. The recall was issued after the CPSC received six separate reports of a pink satin flower on the blankets becoming detached from the blankets. In one case, the report complained that an infant was discovered gagging on the detached petal.
Motrin Infants Formula
According to the U.S. Food and Drug Administration (FDA), on September 6, 2013, McNeil Consumer Healthcare Division of McNEIL-PPC, Inc. voluntarily recalled about 200,000 bottles of Motrin Infants formula because they may contain tiny plastic particles that are used in Teflon coatings. The formula is used to treat fever and aches and pains in children 2 years old and younger. The recall covers three lots of Motrin Infants’ Drops Berry Flavor. Johnson & Johnson, the manufacturer of the drops, is asking retailers to remove the affected product from the shelves and asking customers t stop using the drops if their bottle is part of the recall.
Baby Einstein Musical Motion Activity Jumpers
On July 23, 2013, Kids II recalled 400,000 Baby Einstein Activity Jumpers after 100 reports of incidents, including injuries, were reported. According to the CPSC, the ‘sun’ toy on the jumper can snap backwards, injuring the infant and created an impact hazard. Reported injuries include bruises, lacerations to the face, a 7-month-old boy who sustained a lineal skull fracture, and a chipped tooth to an adult. The CPSC advised consumers to stop using the product immediately and to contact Kids II for a replacement toy attachment. The recall includes jumpers with the model number 90564, which were sold at Target, Toys R Us, Amazon.com, and other stores nationwide between May 2010 and May 2013.
In addition to the CPSC and the FDA, the Texas Department of State Health Services’ (DSHS) Hazardous Products program is responsible for ensuring that consumer products, including those used by children, are sufficiently manufactured, packaged and labeled to protect the public health and safety. The DSHS recommends that parents, guardians and childcare providers select toys or articles that are appropriate for that child’s age. Specifically, attention should be paid to toys and articles intended for use by children under 3 years of age that could present a choking, aspiration, or ingestion hazard, as these products can cause choking, suffocation, strangulation, and poisoning.
If you or your child sustain a serious injury or your child is wrongfully killed by a dangerous and defective product, you may be able to file a claim against the manufacturer to discover damages. Notably, in product liability claims, a claimant does not even have to prove that the manufacturer was negligent. Instead, a claimant can file a suit based on a theory of strict liability. A product liability claim can be established if you can prove the following:
1) The product was defective,
2) The defect existed prior to the manufacturer releasing the product; and
3) The defect caused your damages
The San Antonio product liability attorneys at Carabin & Shaw are committed to informing the public of dangerous products and recalls. Consumers can bring legal action against a company for any injuries suffered due to a defective product resulting from manufacturing error, defective design, or inadequate warnings. Carabin & Shaw will work hard to ensure that injured consumers or the family and heirs of deceased consumers receive fair treatment under Texas law for injuries caused by dangerous and defective products. If you have been injured by a dangerous or defective product, please contact us today at 1-800-862-1260.
Toys and Children’s Products, United States Product Safety Commission
Recalls, United States Consumer Product Safety Commission
200,000 bottles of Motrin recalled, by CNN Staff, CNN
Baby Einstein Musical Motion Activity Jumpers Recall: 400,000 Units Pulled Due To Impact Hazard, The Huffington Post