Dangerous and defective products

Published on: March 3, 2022

Possible Side Affects of Paraquat

Vegetables spraying with pesticides in a garden

Paraquat is a popular herbicide used among agricultural workers and farmers because of its highly destructive nature towards unwanted grasses and weeds. This herbicide is so good at its job that it is one of the most widely used herbicides in the United States. However, It is highly poisonous to humans and wildlife, making it dangerous to use, necessitating numerous safety regulations. Paraquat is classified by the EPA as “restricted use” and can only be applied and purchased by a certified individual with a license. In addition, there are special agents added that cause vomiting if ingested, a blue dye, and a sharp odor added to Paraquat in the United States to differentiate it from beverages one might drink.

While using Paraquat is beneficial to the farmers because it reduces the need for labor and saves money, there are risks with using this product that can be fatal. For example, studies have shown an increased risk of developing Parkinson’s disease after using Paraquat. According to the mayo clinic, “Parkinson’s disease is a progressive nervous system disorder that affects movement.” This disease can have a range in symptoms. For example, you may have trouble with mobility, such as trouble with walking, your muscles may stiffen up, you may shake and have trouble with balance and coordination. Another example of possible symptoms is dementia, loss of smell, problems with speech, and difficulty writing.

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Published on: February 10, 2022

Paraquat Poisoning

By Carabin Shaw

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Paraquat, a toxic chemical herbicide used to exterminate unruly weeds and grass, has been highly popularized in its use and was first produced for commercial use in 1962. There are many brands of paraquat products, and some of these include, Gramoxone, Goldquat, Almoxone, and many more. Paraquat is extremely popular and is one of the most commonly used herbicides around the globe. However, due to its extremely high toxicity, many precautions have been taken to purchase and use this herbicide in the United States.

The United States Environmental Protection Agency (EPA) decided to put mitigation measures on the use of Paraquat to protect human health and the environment. Here’s a quote from the United States EPA website “In July 2021, after receiving and considering public comments on the Paraquat proposed interim decision, EPA released the interim decision for registration review. As part of this action, EPA requires mitigation measures to reduce risks associated with Paraquat in order to protect human health and the environment.”

Paraquat is so toxic that it can lead to death if accidentally ingested, and there is no antidote for it. Because it’s so toxic, in the U.S., precautions are taken, such as adding a dye to the substance and a sharp odor to deter an individual from accidentally ingesting it. Not only that, but only those with a commercial license can even purchase the product, let alone use it. In addition, An individual can not use this product even if they are under the supervision of a certified applicator.

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Published on: February 4, 2022

Paraquat and Parkinson’s Disease

By Carabin Shaw

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What is Paraquat? Paraquat, also known as Gramoxone, is an herbicide primarily used for weed and grass management. However, According to the CDC (Centers for Disease Control and Prevention), It is a toxic chemical. The CDC also states that the highly poisonous herbicide marketed to the United States has safeguards such as a blue dye, a sharp odor, and an added agent that induces vomiting if ingested. These safeguards are in place to warn potential users of its toxicity. Because this herbicide is so toxic and can lead to fatal poisoning, only licensed professionals can use it.

Why is Paraquat Used? The herbicide kills weeds and unwanted grasses because of its incredible effectiveness, which is why, in the United States, commercial farmers and agricultural workers have used this product to control their land’s unruly weeds and grass since 1964. Before harvest, it also is used as a defoliant on crops, such as cotton. There are many uses for this herbicide, but unfortunately, the consequences can be fatal.

How can you get poisoned by Paraquat? Acute poisoning can occur because of accidental ingestion, inhalation, or skin exposure by an individual. It can cause damage to the lungs, intestines, stomach, and mouth when ingested in small amounts, while in large quantities, it can damage multiple organs and lead to death within hours. The most common way of getting poisoning from this herbicide is by accidentally ingesting it. Unfortunately, there is no antidote after getting poisoned by this toxic chemical.

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Published on: January 5, 2022

Similac and Enfamil Face Lawsuits over Defective Baby Formula

By Carabin Shaw

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In premature infants, both Enfamil, a baby formula manufactured by Mead Johnson, and Similac, a baby formula manufactured by Abbott Laboratories, can cause necrotizing enterocolitis (NEC). This gastrointestinal condition, necrotizing enterocolitis (NEC), is severe and causes intestinal tissue death. It may even be fatal in as many as 50% of cases. In addition, the intestinal inflammation caused by this horrible condition may cause holes in the intestine. It is even possible for bacteria from the intestinal tract to leak into the abdomen or blood, causing severe illnesses or deadly blood infections. The condition can also cause severe health issues like sepsis, intestinal strictures, developmental problems, and cerebral palsy.

A study in Lancet, 1990, found that this horrendous condition NEC was up to 10 times more likely in premature infants given formula. In recent years, several studies have linked cow’s milk-based formula to an increased risk of NEC in premature infants, based on cases filed against baby formula products.

Similac and Enfamil manufacturers are facing lawsuits from parents because they were aware or should have been aware that their baby formula products could cause necrotizing enterocolitis (NEC) in premature infants. In addition, these companies did not warn parents or medical providers about the risk. According to the parents who sued, Enfamil and Similac failed to indicate that NEC is a possible side effect of their baby formulas or provide proper instructions or guidelines on using the product. As an added concern, these companies marketed their baby formula products as safe and beneficial for premature infants despite potential risks.

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Published on: January 4, 2022

What is Necrotizing Enterocolitis?

By Carabin Shaw

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You might be wondering what Necrotizing enterocolitis or NEC is. It is a common and severe intestinal condition among premature infants. It occurs when tissue in the large or small intestine is injured or inflamed. When the tissue gets damaged or inflamed, it may lead to the death of intestinal tissue and, sometimes, a hole (perforation) in the intestinal wall.

When an infant has NEC, the intestine can no longer hold waste. This may cause bacteria to find their way into the bloodstream and cause a deadly infection. In addition, waste could potentially enter into the infant’s abdomen and cause the infant to get critically ill. Because of all the damage sustained to the intestines, sections may die and need to get removed.

Symptoms of this potentially deadly disease include but are not limited to an unstable and low body temperature, apnea (pauses in breathing), being lethargic or less active, constipation, trouble feeding, and diarrhea.

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Published on: January 2, 2022

Toxic Baby Formula Causes Birth Defects in Premature Infants and Newborns

By Carabin Shaw

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Bringing new life into the world is one of the most joyous occasions an individual can experience. When someone becomes a parent, the world changes instantly and all prior priorities fade. That means that when something tragic happens to a baby, the pain is beyond description.

In recent years, several baby formulas have been linked to birth defects, especially in premature babies. One of the most commonly developed conditions is a serious gastrointestinal illness known as Necrotizing Enterocolitis [NEC]. According to the U.S. National Library of Medicine, 40% of babies with NEC die from it.

If your child is suffering from NEC, you may be eligible for a baby formula lawsuit. It is vital to contact the Carabin Shaw NEC attorneys as soon as possible.

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Published on: April 27, 2021

Comparative Negligence in Texas Car Accidents Involving Autonomous Vehicles

By Carabin Shaw

Self-driving, or autonomous cars, are revolutionizing the way the public looks at travel and car ownership. These vehicles turn active drivers into passive passengers, allowing motorists to rely on the car’s advanced computerized system to navigate the roads and avoid collisions. However, these cars may result in a serious Texas car accident, as the new technology is still being refined.

Autonomous vehicles rely on complex computer systems, sensors, actuators, and various algorithms to operate on the roads without an active driver. In theory, these cars provide a glimpse into a more environmentally friendly and safer future for road users. However, as it is, these features often present more dangers than benefits.

For example, recently, a national news report described a fatal Tesla crash involving a driverless vehicle. According to reports, the vehicle did not have a driver and was operating on high or full automation mode. As such, one of the occupants was in the front passenger seat, and the other occupants were in the back seat. The car was speeding along a dangerous curve when it slammed into a tree. Emergency responders used over 30,000 gallons of water to put out the massive fire that the collision sparked. Tesla did not respond to this incident but previously stated that their vehicles are intended to be used with an attentive driver who has their hands on the steering wheel. However, safety officials argue that the company does not do enough to deter drivers from depending too much on the vehicle’s features.

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Published on: March 8, 2021

Amazon Products Liability Case Could Affect Texas Consumers in Products Liability Claims

By Carabin Shaw

In light of COVID-19, everyone seems to be shopping online more frequently. Whether you’re shopping online to adhere to social distancing concerns or simply out of boredom, Amazon has become an important part of regular online shopping trips in many households. When a product purchased from the online retailer, however, injures someone in your family, is Amazon liable in a Texas products liability lawsuit? Or is the entity or individual who sold you the product responsible?

In a recent Fifth Circuit Court of Appeals opinion, the court had to consider a Texas products liability case involving a parent’s worst nightmare. The plaintiff’s husband purchased a remote control from Amazon.com. A year later, the couple’s 19-month-old baby girl swallowed the battery from the remote control. Surgeons had to remove the battery.

The plaintiff claimed that the battery’s fluid from its electrical charge resulted in severe, permanent, and irreversible damage to the child’s esophagus. After the plaintiff notified Amazon of the incident, Amazon notified the seller, who did not respond. The seller’s account was subsequently suspended. The plaintiff sued Amazon and the seller, alleging strict liability and negligence under a variety of product liability theories.

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Published on: February 25, 2021

Dangerous Baby Food May Affect Texas Infants and Toddlers

By Carabin Shaw

pexels-nelly-aran-1132688-300x200 Pre-prepared and packaged baby food has served as a convenient option for busy parents of infants and toddlers for decades. As parents, we only want what is best for our children, and we should be able to trust that the products we purchase for them to put into their bodies is safe and nutritious. When these food products contain contaminants that could be toxic, this oversight could lead to serious personal injury or even death to those most vulnerable. In certain cases, dangerous food products may give rise to a Texas product liability lawsuit.

According to a recent news report, federal investigators have found that some brands of baby food products contained several contaminants. Even products labeled as organic were found to be contaminated with heavy metals such as arsenic, lead, and cadmium. According to experts, exposure to these contaminants could pose significant risks to infants and toddlers, and heavy metals have been associated with brain damage, behavioral impairments, and even death. Because the FDA does not set limits on heavy metals specifically for baby foods, advocates argue that the agency needs to do more to regulate the industry to ensure our children’s safety.

If you have purchased baby food from any of the reported brands and your children have been injured as a result of the defective product, you may have a product liability claim against the manufacturer. In Texas, product liability is a strict liability offense, which means that negligence does not get the manufacturer off the hook. Thus, if there was a defect in the product and it caused the injury, then the defendant is liable. Texas recognizes three types of product defects.

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Published on: January 15, 2021

Texas Product Liability Lawsuits Following a Product Recall

By Carabin Shaw

When a consumer purchases a new product, they rightfully trust that the designer, manufacturer, and retailer took measures to ensure the product’s safety and efficacy. However, despite testing standards and federal oversight, some dangerous products make their way into the consumer stream. Products with a design or manufacturing defect or that are inherently dangerous may cause serious injuries and lead to a Texas product liability lawsuit. The United States Consumer Product Safety Commission (USCPSC) requires manufacturers, distributors, and similar entities to report any issues with their products and issue recalls if necessary. However, these parties may still face liability even if they issued a recall.

Texas product liability laws cover claims stemming from design defects, manufacturing defects, and warning defects. The law allows injury victims to recover damages against manufacturers or sellers of a defective product that causes personal injury, death, or property damage. Texas design defect claims are generally the most onerous product liability claim. In these cases, plaintiffs must establish that the victim suffered injuries because the product’s design was inherently dangerous. The law requires plaintiffs to present evidence of a safer and economically feasible alternative design. Manufacturing defects are relevant when the product’s design is appropriate, but something went awry during the manufacturing process that made a specific item dangerous. This type of claim may be appropriate when a manufacturer fails to meet safety or design standards. However, the claims do not apply to those who suffer injuries from a defective product manufactured before updated safety standards. Finally, failure to warn claims are applicable when a manufacturer did not provide appropriate instructions or warnings.

The New York Times recently reported that The Home Depot recalled a popular indoor/outdoor fan, after reports that the fans’ blades were detaching while spinning. The Home Depot issued a voluntary recall after nearly 50 consumer reports of detaching blades. The USCPSC, reported that The Home Depot voluntarily recalled the fans and ceased sales when they discovered the issue. They maintain that the fans are not inherently dangerous, and the hazard resulted from a manufacturing defect.

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