Dangerous or Defective Products

Published on: March 24, 2013

How to Stay Safe this Easter

Easter can be a time for fun, great food, candy, little toys, and Easter egg hunts. However, certain safety issues arise each Easter. Specifically, from a food safety standpoint, Easter can be the single most dangerous holiday. To help ensure a safe Easter for all Texans this year, follow the safety tips provided below.

Candy & Toy Safety

Easter baskets are a big part of Easter. However, certain gifts inside these baskets may create safety hazards. To prevent choking, the University of Texas at San Antonio Police Department recommends refraining from putting the following candy and food in Easter baskets: (1) hard, round candy; (2) thick and/or sticky candy; (3) candy with nuts; (4) caramel; (5) sour candy; and (6) jaw breakers. Since children’s airways are higher and narrower than an adult’s, these candies can create a choking hazard.

Along those same lines, make sure that all Easter toys and dolls are free of choking hazards before placing them inside any Easter basket. In addition, as the fake grass often used in Easter baskets is not easily digestible, it is important to keep it away from young children. Finally, some children have nut allergies that are very serious, so be sure to check with parents before offering chocolate bunnies or other candies that may contain nuts. To protect those children with peanut allergies, be careful to read the label of contents of any chocolate included in the baskets. Even though many packages read “pure chocolate,” the chocolate may have been in contact with nuts or peanuts during their preparation or packaging.

Egg Safety

Many Easter celebrations involve Easter egg hunts. Although eggs are nutritious and a big part of this holiday celebration, it is important to remember that unbroken, clean, fresh shell eggs may contain Salmonella Enteritidis (SE) bacteria that can cause foodborne illness. In order to ensure that your children remain safe this Easter there are some important safe handling methods to remember when preparing, decorating, cooking or hiding Easter eggs.

First, when purchasing your eggs, always purchase from a refrigerated case. In addition, don’t buy out-of-date eggs and be sure to choose eggs with clean and uncracked shells. Eggs should be refrigerated as soon as possible after purchase. Once you bring your eggs home, they should be kept in their carton and placed in the coldest part of the refrigerator, not in the door. Raw in-shell eggs can be kept in the refrigerator a maximum of three to five weeks.

Continue reading →

Published on: February 11, 2013

Texas Supreme Court Rules that a Manufacturer Satisfies its Duty to Warn by Providing Sufficient Warning to a Doctor: Centocor, Inc. v. Hamilton

By Carabin Shaw

One key product liability issue to watch for in 2013 is reportedly the continued adoption of the learned intermediary doctrine by states. In June 2012, Texas joined 35 other states in holding that a sufficient warning to a treating doctor (the “learned intermediary”) satisfies a manufacturer’s duty to warn in product liability cases involving medicine and medical devices. Adoption of this rule essentially means that pharmaceutical manufacturers are not responsible for conveying drug risks to patients, even when the drug makers advertise their products directly to consumers.

With the Texas Supreme Court’s decision in Centocor, Inc. v. Hamilton, Texas became the largest remaining state where the Supreme Court had not adopted the learned intermediary rule, which requires warnings only to prescribing physicians–not to any health care provider with which the plaintiff may happen to come into contact. Unfortunately for future victims of negligent misbranding, negligent marketing, and fraud in drug/medical device product liability cases, the court all but did away with the direct-to-consumer exception to the rule, making it more difficult for plaintiffs to successfully bring suit against drug manufacturers.

In Centocor, Inc. v. Hamilton, the product at issue was Remicade, a prescription drug manufactured by Centocor, Inc. Patricia Hamilton suffered from Crohn’s disease and sought treatment from her physician, who informed her that her only treatment options were steroids or Remicade intravenous infusions. After her physician informed her of the risks and benefits of each approach, Patricia opted for the Remicade infusions. Following the treatment, Patricia claimed that the Remicade infusions caused her to suffer a serious drug-induced side effect called lupus-like syndrome.

Patricia and Thomas Hamilton brought suit, contending that the informational video shown to Hamilton by her physician in the course of her prescribed treatments provided “inadequate and inappropriate warnings and instruction for use” of its prescription drug Remicade, which made Remicade “defective and unreasonably dangerous.” More specifically, the couple alleged that Centocor’s video over-emphasized the benefits of Remicade and intentionally omitted warnings about the potential side effect of lupus-like syndrome. They argued that the video bypassed the physician-patient relationship and required Centocor to warn Patricia directly of Remicade’s potential risks and side effects, thereby making Centocor liable for Patricia’s injuries.

Continue reading →

Published on: October 21, 2012

23 Banana Boat Spray-On Sunscreen Products Recalled Over Fire Risks in Texas, Nationwide

By Carabin Shaw

The makers of Banana Boat sunscreen recently issued a voluntary recall of approximately 500,000 bottles of continuous spray-on canisters after at least five individuals allegedly caught fire while using the products. According to reports, Banana Boat UltraMist Sport, UltraMist Ultra Defense, and UltraMist Kids SPF 30 and SPF 50 may ignite if a consumer nears an open flame or other spark before the product fully dries. In response to safety concerns, the maker of Banana Boat products, Energizer Holdings Company, reportedly removed a total of 23 products from store shelves on October 19th. Additionally, the company urged anyone who has purchased the recalled products to immediately stop using them. The current recall does not apply to Banana Boat lotions which apparently contain fewer chemicals that may ignite when exposed to an open flame.

All five of the alleged consumer burn injuries occurred within the last year. Four Americans and one Canadian were reportedly injured as a result of using Banana Boat spray-on products. Following an internal investigation, Energizer Holdings purportedly discovered the company’s spray-on sunscreen applicator was delivering more sunscreen than the industry standard. As a result, the sunscreen allegedly became more likely to ignite because it took longer to dry. Banana Boat has reportedly sold in excess of 20 million spray-on sunscreen bottles since the company introduced the UltraMist line of products in 2010. The makers of Banana Boat stated the company expects to reintroduce modified spray-on sunscreen products again in the future.

According to Dan Dillard, the Executive Director at the Burn Prevention Network, the organization received two burn reports related to spray-on sunscreen products earlier this year. One man allegedly received second and third degree burns when he ignited while standing near a barbeque grill after applying a Banana Boat spray-on product. The other involved a woman who also received second and third degree burns when she reportedly ignited after using the products while working with welding equipment. Dillard stated the organization received no reports of sunscreen-related burn injuries prior to 2012.

Anyone who was injured by a Banana Boat spray-on sunscreen product is urged to file a MedWatch report with the nation’s Food and Drug Administration. Potential lawsuits against Banana Boat and other spray-on sunscreen manufacturers are currently being evaluated throughout the nation. If you or a family member was hurt after using a dangerous or defective product, it is a good idea to contact an experienced personal injury lawyer as soon as you are able.

Continue reading →

Published on: September 16, 2012

Ford Recalls Two SUV Models Over Potential Fire Hazards

By Carabin Shaw

Ford Motor Company has issued a recall for nearly 6,000 Ford Edge sport utility vehicles (SUVs) due to alleged safety hazards. According to the automaker, the SUVs pose a fire risk due to potential fuel leaks. 5,499 vehicles sold in the United States and 346 sold in Canada are reportedly part of the recall. The recall was issued after the company determined a metal housing on the fuel line pulse damper in 2012 Ford Edge SUVs manufactured with a 2.0-liter EcoBoost engine may crack and cause a steady leak that could ignite.

A Ford spokesperson, Susan Krusel, stated that the company used warranty claims data in order to identify 12 fuel leak claims. She also said no injuries or fires were reported as a result of potential leaks. Owners of the affected vehicles should receive recall notices in the mail after September 24th. Ford dealerships will reportedly replace faulty parts as well as provide Edge owners with a rental vehicle during repairs.

Meanwhile, Ford has also issued a second recall of approximately 7,600 Ford Escape SUVs over reported fire risks. 2013 Escape models built with a 1.6-liter EcoBoost engine may rapidly leak engine coolant if a cup plug in the cylinder head becomes dislodged. A chemical in the coolant can potentially ignite after coming into contact with an overheated engine. Although no customers have reported engine fires, one SUV was allegedly extinguished on a dealer’s lot in Nashville, Tennessee. About 6,150 vehicles in the United States and 1,300 vehicles in Canada are affected by the recall.

The recent Ford Escape recall followed closely behind another recall of the same model. In July, approximately 11,500 2013 Ford Escapes were recalled after three vehicle fires were reported. Ford Motor Company reportedly asked owners to immediately stop driving their new vehicle due to the dangers associated with the fire risk. Also in July, the automaker recalled nearly all 2013 Escape SUVs over a carpet padding safety issue. The carpet padding reportedly made it difficult for drivers to fully press the brake.

Thousands of consumers are injured or killed by defectively manufactured products every year. If you were hurt by a manufacturer or distributor’s unsafe product, you may be eligible to receive financial compensation for your medical costs, lost wages, suffering, pain, any resulting disability, and other damages. If you were injured by a defective or dangerous product, you should speak with an experienced Texas personal injury attorney who can help you protect your interests.

Continue reading →

Published on: August 19, 2012

More Than One-Quarter Million SUVs Recalled in North America Over Fire Hazard

By Carabin Shaw

Automobile manufacturers Isuzu and General Motors have issued a recall for more than one-quarter million sport utility vehicles (SUVs) in North America. Approximately 258,000 model year 2006 and 2007 SUVs sold or registered in 20 states, the District of Columbia, and Canada are being recalled over a power window and door lock switch defect that can potentially cause a fire in the vehicle. The recall includes the following models: Buick Rainier, Chevrolet Trailblazer, GMC Envoy, Isuzu Ascender, and Saab 97-X. Although several automobile brands are subject to the recall, each of the vehicles at issue was manufactured by General Motors.

According to documents published on the National Highway Traffic Safety Administration‘s (NHTSA) website, salt and chemical fluids used to clear icy winter roads may corrode the power window and lock circuit board located inside of the driver’s door. The power window switch in SUVs affected by the recall that are currently registered or were sold in Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia, and Wisconsin will be replaced by automobile dealerships at no cost to the owner. Additionally, General Motors spokesperson Alan Adler stated the company will replace the switch free of charge for anyone living in a state that is not subject to the current recall at the request of the owner.

According to General Motors, although the company has received reports of 28 vehicle fires caused by the faulty circuit boards no physical injuries resulted. The NHTSA has also received more than one dozen SUV fire complaints. The registered owner of any vehicle that is subject to the recall will reportedly receive a letter from General Motors requesting that an appointment be scheduled in order to replace the faulty switch.

Unfortunately, thousands of consumers are hurt or killed by dangerous or defectively manufactured products each year. Many such injuries are completely preventable. If you were the victim of an injury caused by a defective or dangerous product, you may be able to file a claim against the company that manufactured or distributed it. When a manufacturer or distributor fails to ensure their product is safe for consumer use, an individual who is injured may be eligible to receive financial compensation for medical expenses, lost wages, pain, suffering, and more. If you were hurt by a dangerous or defective product, you should contact a skilled Texas personal injury lawyer to discuss your right to recovery.

Continue reading →