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Articles Posted in Dangerous or Defective Products

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https://www.texasinjurylawyersblog.com/files/2020/09/Screen-Shot-2020-09-08-at-9.47.57-AM.pngWednesday September 2, 2020 Cameron County:  The Texas Department of Public Safety continues to investigate a two-vehicle head-on collision that left three people dead, including two children.

The accident happened at about 1:53 p.m. Wednesday September 2nd, on FM 803 North of St. Francis Street in Los Fresnos.

Killed in the accident was Maria Guadalupe Zamora, 49, who died at the scene. Zamora’s grandchildren, Ariel Castillo, 2 and Reynaldo Alvarado, 6, both of Port Isabel, who were traveling with her, were transported to local hospitals where they later died, the DPS reported.

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pexels-anna-shvets-3987150-200x300Following the initial COVID-19 outbreak in the United States earlier this year, thousands of Americans flooded stores in search of hand sanitizer and other cleaning supplies. Many stores were completely wiped out from the start of the pandemic of such supplies and have taken several months to restock these products because of demand. In preparation for the uncertainty associated with the pandemic, many Texans purchased large quantities of these products. However, recent FDA recalls indicate that some of these sanitizing products may be causing members of our community to become ill. These recalls may be the basis for a Texas product liability claim.

According to a recent article, federal regulators from the Food and Drug Administration (FDA) have been urging consumers to avoid more than 130 hand sanitizers that were previously available through stores such as Walmart and other national major retailers. The agency has cited that many of these products lack the sufficient level of alcohol necessary to effectively kill germs or that the products contain dangerous and potentially deadly levels of wood alcohol.

With hand sanitizer demand skyrocketing during COVID-19, a new rush of brands manufacturing hand sanitizer has entered the market. However, while many of these products claim to contain ethanol (otherwise known as ethyl alcohol), FDA tests have shown that they actually contain methanol, or wood alcohol. Methanol can potentially be toxic when absorbed through the skin and could even cause blindness or death if consumed. Because many products have been mislabeled, consumers would be unable to tell which items actually contain methanol. The FDA has kept an updated list of recalled products on its website for easy reference.

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medical-tools-placed-on-tray-in-modern-clinic-3884085-300x200A recent case provides insight for Texas plaintiffs suing manufacturers for injuries caused by their products. According to the court’s opinion, the plaintiff was injured after her dentist inappropriately used a product to clean her dentures. The plaintiff later suffered significant injuries when the dentures were placed in her mouth. After suing the dentist and the product’s manufacturer, the plaintiff’s claim against the manufacturer was dismissed by the United States 5th Circuit Court of Appeals.

The plaintiff’s claim against the manufacturer was based on a failure to warn. The theory underlying failure to warn claims is that a product’s manufacturer has a responsibility to warn users of harmful effects. As one court explained, “in a failure-to-warn case, the plaintiff must show that the warning was defective and that this…was the producing cause of the plaintiff’s injury.” These cases typically come down to a question of whether the warning was adequate. In other words, a plaintiff will generally be able to recover if the judge or jury believes that the manufacturer’s warning was not sufficient to warn the plaintiff against the type of injury that occurred.

In this case, the plaintiff’s claim was unsuccessful because the product’s label contained language warning against using the product in the manner that caused the plaintiff’s injury. The warning label on the product stated that it was not to be used to disinfect dentures or the surface of any other instrument that would come into contact with mucous membranes. By instructing his assistant to soak the dentures in the product for fifteen minutes before placing the dentures back in the plaintiff’s mouth, the dentist caused the plaintiff’s injury by using the product in the exact manner that the warning label prohibited. When a product’s warning warns against the very activity that causes injury, the warning is deemed adequate as a matter of law, and the plaintiff’s claim automatically fails. For this reason, the plaintiff’s claim was unsuccessful.

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https://www.texasinjurylawyersblog.com/files/2020/07/Screen-Shot-2020-07-03-at-10.05.14-PM.pngFriday, July 3, 2020, SAN ANTONIO, TEXAS–Fireworks are a time-honored and much beloved tradition on the July 4th Weekend.  But this year, fireworks celebrations across the country may be cancelled or reduced due to Covid-19. Many people will now celebrate the holiday at home or at a neighbor’s house. Here are suggestions for staying safe and avoiding a visit to the hospital from do-it-yourself-home fireworks.

Backyard fireworks can be dangerous, causing serious burns, eye injuries and even death. According to the American Academy of Pediatrics, fireworks should only be handled by a well-trained adult — and that includes sparklers.

Children under 15 account for more than a third of the injuries, which included burns and wounds to the hands, fingers and arms, the head and face, and eyes. Some of the most severe and fatal injuries happened when lit fireworks seemed not to work correctly and were being held by the victim when they exploded.

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chair-color-entertainment-fun-261348-scaledSummertime is here and that means travel season.  Staying in a hotel or resort is usually a big part of the vacation experience.  Before the family gathers up the towels and heads down to the pool for some fun remember to always be cautious and aware around the water.

Every year, hundreds of vacationers enjoy swimming at their hotel pools. A beautiful breeze and the refreshing water in these swimming pools makes for a relaxing day in the sun. Despite the benefits and many pleasures swimming pools provide to its users, there are also risks involved.

Hotel pool accidents are similar to apartment pool accidents when it comes to legal matters. Just like an apartment pool complex, a hotel pool complex must be properly maintained by staff and must be in proper working condition so that injury or harm is less likely to occur for a hotel resident or visitor. Furthermore, the maintenance staff must maintain pool safety standards by restricting dangerous areas for kids and putting restrictions around the pool so that children do not have access to the dangerous areas of the hotel pool. In addition, warning signs must be posted as well in the pool area.

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With the millions of visitors that throng to water parks each year, it is a statistical inevitability that accidents are destined to occur. Fractured bones, neck and back injuries, water-borne diseases, and even death are the type of injuries and tragedies that can unfold in the twinkling of an eye at these popular amusement places.

When water park mishaps or drownings take place, the injured victim or parent or guardian of an injured loved one can pursue compensation through a personal injury or wrongful death lawsuit against the responsible parties. Yet the process of determining just who is to blame for such water park accidents can be challenging because of the many legal complexities surrounding these water park accidents. 

 Water Park Accident Liability – Who is Responsible?

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close-up-photo-of-green-leafed-plants-1213859-scaledIndividuals who suffer a food borne illness in Texas may be able to recover for their damages against the company, restaurant, or grocery store who sold or distributed the contaminated food. Food poisoning is any illness that is the result of eating food that is contaminated with bacteria, toxins, or other pathogens. In some cases, these stomach illnesses are mild and can resolve relatively quickly; however, in other cases, they can have long-lasting consequences on a person’s health.

Studies from The Centers for Disease Control and Prevention (CDC) suggest that about 1 in 6 people in the United States suffer from food poisoning every year. Although many different food products can lead to food poisoning, spinach, beef, chicken, and peanut butter, are more frequently associated with outbreaks. Moreover, many restaurants engage in unsafe and unsanitary food processing and handling behaviors that may increase the likelihood of food poisoning. Individuals who suffer exposure may contract salmonella poisoning, Hepatitis A, E. coli, Listeria, and the Norovirus. These diseases and illnesses often cause diarrhea, cramps, nausea, fatigue, and vomiting. It can be particularly dangerous for vulnerable individuals such as young children, pregnant women, older adults, and those with compromised immune systems. In many instances, contaminated food can lead to widespread outbreaks.

For example, the Justice Department recently charged Chipolte, a popular Mexican chain fast-food restaurant, with “adulterating food while held for sale.” The company agreed to pay a $25 million fine to resolve criminal charges that they were facing for selling contaminated food. Chipolte admitted that they served tainted food between 2015 and 2018, which resulted in over 1,000 people falling sick with the Norovirus. The company stated that the foodborne illness was likely the result of unsafe food handling by their employees. In response to the illnesses, the company revamped its food safety policies and procedures to limit the likelihood of food poisoning.

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red-and-white-medication-pills-3683041-scaledApril 11, 2020 Earlier this month, the U.S. Food and Drug Administration (FDA) announced that manufacturers should withdraw all prescription and over-the-counter (OTC) drugs containing ranitidine. According to a recent news report, the announcement comes after a lengthy investigation of a contaminate commonly found in ranitidine medications, such as Zantac. Individuals who have suffered serious injuries, illnesses, or death after using this product may have a claim under Texas product liability laws.

The impurity is considered a likely human carcinogen, and although small amounts are commonly ingested through diet, higher levels of exposure could increase an individual’s cancer risk. At the outset of the FDA’s investigations, the agency did not have enough information to determine whether the product was safe or if consumers should continue to use the products. However, new FDA testing revealed that the impurity in these products increases over time or at higher temperatures, and may result in unacceptable consumer exposure. The FDA stated that many of their samples did not contain unacceptable levels; however, the product requires further testing to ensure consumer safety. The ongoing COVID-19 pandemic requires that consumers and patients dispose of their medication by following the specific disposal instructions found on the medication’s packaging, instead of returning their medicines at a drop-off location.

Despite extensive federal regulations, many unsafe drugs make it onto the market, and the consequences can be devastating. There are three main types of Texas pharmaceutical and prescription drug product liability lawsuits. The lawsuits typically stem from design errors, manufacturing defects, or improper marketing. Design error lawsuits generally arise when a product is unreasonably dangerous, despite proper use. These lawsuits do not frequently occur because many of these drugs do not make it onto the market. Manufacturing defect claims arise when the drug’s design is appropriate, but some manufacturing or handling error happens that renders the product unsafe. Finally, improperly marketed drug lawsuits arise when a company has inadequate or improper warning labels, that fail to warn consumers of potential side effects. However, in some cases, Texas’s learned intermediary doctrine works to shift the burden of liability from the company to the patient’s prescribing doctor.

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https://www.texasinjurylawyersblog.com/files/2020/02/Screen-Shot-2020-02-25-at-2.54.22-PM.png
(NATIONAL RECALL: February 2020) The Food and Drug Administration (FDA) has issued a recall for an insulin pump that thousands of people use with Type 1 diabetes. The recall is centered around certain Medtronic MiniMed 600 series insulin pumps.

One person has died, 2,175 people have received injuries and there have been more than 26,000 complaints, according to a statement released by the FDA.

Medtronic is recalling the specified insulin pumps due to a missing or broken retainer ring. That ring helps lock the insulin cartridge into place, according to the FDA.

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https://www.texasinjurylawyersblog.com/files/2020/02/Screen-Shot-2020-02-13-at-2.43.48-PM.png

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Bryan, Texas, February 8, 2020:  A  second explosion happened at one of Chesapeake Energy’s oil wells in the Eagle Ford Shale just two weeks after a Jan. 29 deadly explosion at a Chesapeake Energy oil well site in nearby Burleson County. Three men were killed and one man was left hospitalized in the Burleson incident. Bryan Maldonado, 25, and Windell Beddingfield died in what is the deadliest oilfield accident since January 2018.

Authorities are investigating the accident which occurred about 1 a.m. Saturday at a storage tank on the company’s Luther lease off Sandy Point and Old San Antonio Roads in a rural area of Brazos County about eight miles northwest of Bryan.

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