Monday, May 4, 2009

Defective Products from China

Tainted and defective imports from China have been in the headlines all year, and the problem seems to be growing, or at least becoming more publicized, rather than improving.

While the obvious answer would be to halt all imports from China, it's not as easy as it sounds. Many products are virtually unobtainable from any other source. For instance, China produces 90% of Vitamin C sold in America, and 50% of the penicillin in the world. Large retailers, such as Wal-Mart, purchase a large portion of their discounted goods from China and/or have operated factories there where the labor is cheap..

Pet food: The scandal that started it all, that first brought serious media attention to tainted products from China, was the melamine contamination of pet foods. Melamine was added to low quality wheat gluten to make it appear to have more protein. Melamine causes kidney failure, and the tainted pet food has killed thousands of dogs and cats.
Melamine tainted feed was also fed to hogs grown for human consumption.

Fresh ginger: July 29, 2007, the California Department of Public Health (CDPH) announced a recall of fresh ginger from China. The ginger is contaminated with a neurotoxin called aldicarb sulfoxide, which is used as a pesticide.

Read more about tainted Ginger from China

According to the CDPH, "Symptoms of aldicarb poisoning in humans are likely to occur within the first hour following exposure. Ingestion of foods contaminated with aldicarb at low levels can cause flu-like symptoms (nausea, headache, blurred vision) which disappear quickly, usually within 5 or 6 hours. However, at higher levels, ingestion of aldicarb contaminated food can also cause dizziness, salivation, excessive sweating, vomiting, diarrhea, muscle stiffness and twitching, and difficulty in breathing."

Fish: Beginning in September, 2006, over 6,000 pounds of puffer fish, from China, went to wholesalers in California, Illinois, and Hawaii, and was then sold to stores and restaurants. Puffer fish can cause tetrodotoxin poisoning, leading to severe illness and death. The boxes of puffer fish were mislabeled as monkfish, which is safe to eat.

Other fish, imported from China, has been found to be contaminated with antibiotics and cancer causing agents.

Toothpaste: Americans have been warned not to use any toothpaste that is made in China, because several brands have been found to contain diethylene glycol, a toxic solvent found in anti-freeze.

Sold as to European companies as glycerin, a harmless sweetener, diethylene glycol, has found its way into cough syrups around the world, killing hundreds of people and causing scares of new epidemic diseases.

Diethylene glycol causes acute kidney failure, and can be accompanied by symptoms including vomiting, fever, swelling throughout the body, respiratory failure, facial paralysis, and brain injury. For many it brings a slow and agonizing death.

Toys: Among the toys from China recalled this year, because they contain lead paint, are more than 1.5 million Thomas and Friends miniature railway sets, 83 types of toys from Mattel's Fisher-Price unit, millions of children's jewelry items, and over 100,000 military toys carried by Toys 'R' Us.

* Lead poisoning in children can cause: Learning disabilities
* Language and speech problems
* Hearing damage
* Behavioral problems
* Neurological damage
* Poor muscle coordination
* Decreased bone and muscle growth
* Damage to internal organs
* Seizures
* Death

Defective Machinery Lawyers

Industrial machinery is made up of moving parts such as reciprocating arms, rotating members, moving belts, cutting teeth and meshing gears. Contact with moving machine parts can be very hazardous to workers. And despite regulatory efforts designed to improve operator training and to protect those who work with and around these machines, mechanical equipment is involved in about 80% of industrial accident fatalities. Mechanical equipment accidents are the third leading cause of death and injury in the workplace.

Contact a defective machinery attorney today.

Many of the injuries were caused by defective machinery or equipment that was left improperly guarded, or during cleaning or maintenance work, when safety precautions are often disregarded. Other common causes of machinery accidents include:

* Machine is poorly designed or lacks safety features such as a shield to protect workers from moving parts
* Machine emits toxic fumes or chemicals without a proper shield to prevent leaks or splashes
* Machine lacks inadequate systems to shut down in the event of an accident or malfunction
* Machine’s maintenance schedule has not been followed (usually in an attempt to save costs)
* Machine is “past its prime” and should be replaced
* Poorly considered operational systems

Defective Lawnmower Injury Lawyers

In 2004, there were about 80,000 hospitalizations due to lawnmower accidents in the U.S. Each year, about 10,000 victims of lawnmower accidents are children. And while most manufacturers boast having safety features built into their lawnmowers, further safety improvements could have prevented many of these accidents. Defective lawnmowers are also largely to blame.

While the lack of lawnmower safety precautions may be construed as a design defect, a poorly made lawnmower, or one produced without appropriate testing and quality controls, can be just as dangerous. The most common lawnmower injuries result from debris such as branches and rocks being launched from the mower. Toe amputations and foot fractures are also relatively frequent.

If you or a loved one has suffered an injury as the result of a defective lawnmower, an experienced product liability attorney should be able to help you determine if the manufacturer, distributor or seller of the lawnmower can be held liable for the injury. Be aware, however, that statutes of limitations, or deadlines by which you must file a lawsuit, may apply. For this reason, you should consult with an attorney experienced in lawnmower accident cases sooner, rather than later.

Riding lawnmowers cause many of the most serious injuries for both adults and children. And despite recommendations by both the American Academy of Pediatrics and the American Academy of Orthopedic Surgery that anyone under 16 years of age should not operate riding lawn mowers, some of these accidents occur when children riding on the lap of on adult or as a passenger fall off and get caught under the mower while it is running. This can result in the child’s hands, feet, or other limbs being amputated or the child suffering a life-long debilitating injury. Among adults, a common type of injury from riding lawnmowers results when the mower tips onto the rider when going up a slope.

In fact, when using both riding and traditional power mowers, some studies suggest that because of the risk of debris being launched, children should not be in the yard at all. Bearing in mind that the majority of lawnmower accident injuries are preventable, here are some additional tips to increase safety in their use:

* Before mowing, clear the yard of debris, including sticks, rocks and children’s toys since many objects have the potential to fly up into the engine and be projected out like a missile.
* Wear long sleeve shirts, long pants, goggles, and sturdy gloves to minimize injury from flying debris. It is also best to avoid loose clothing and wear non-skid, steel-toed boots.
* Wear ear plugs or some other form of hearing protection since lawnmowers operate at an average of 95 decibels. Avoid portable music players, however, because these may distract you from potential dangers.
* Do not reach into the cutting area even after recently having turned off the lawnmower since moving parts may not have immediately come to a full stop. Hot cowlings may also burn with even the slightest touch.
* Remove the spark or disconnect if the lawnmower is electric before removing debris from the mower or making adjustments to it.
* Use extra caution when fueling the lawnmower since improper fueling can result in burns or explosions.
* Carefully read the owner’s manual for safety operating instructions.

Simplicity Baby Crib Recall Lawyers

On September 21, 2007, the U.S. Consumer Product Safety Commission (CPSC) and Simplicity Inc., a supplier of children's products to large retailers such as Wal-Mart, announced a voluntary recall of about one million baby cribs made in China. The cribs' drop-side can detach from the crib and create a gap that increases the risk of suffocation to infants.

At least three infants are known to have died of suffocation after becoming entrapped in their cribs. And, according to the CPSC, seven other infants have been entrapped in the cribs. There have also been more than 50 reports of the cribs' drop-sides detaching.

The problem with the cribs is due to a faulty design that can lead to consumers to accidentally install the drop-sides upside-down. This leads to a weakening of the hardware and eventual detachment of the drop-side from the crib. The infant can then fall into the resulting gap, and get stuck.

The recalled cribs were sold in children's stores, department stores, and mass merchandisers nationwide from January 1998 through May 2007 and carry both Simplicity and Graco logos. The recalled Simplicity brand crib models include:

* Aspen 3 in 1
* Aspen 4 in 1
* Nursery-in-a-Box
* Crib N Changer Combo
* Chelsea and Pooh 4 in 1

The recalled Graco brand crib models include:

* Aspen 3 in 1
* Ultra 3 in 1
* Ultra 4 in 1
* Ultra 5 in 1
* Whitney
* Trio

Jardine Crib Recall Attorneys

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Jardine Enterprises, of Taipei, Taiwan has recalled about 320,000 baby cribs made in China and Vietnam. The cribs are being recalled because their wooden slats and spindles can break, creating a gap that causes an entrapment and strangulation risk to infants.

Forty-two incidents of breaking crib slats and spindles have been reported. Four children became entrapped in the gap created by these broken parts, and two of them suffered abrasions and bruising.

The cribs were sold nationwide from 2002 to May 2008 at Babies "R" Us, Toys "R" Us, Geoffrey Stores, and Kids World stores, and at babiesrus.com. The recalled Mahogany Positano Lifetime Crib model number 0309K00 sold for $450, and the other recalled cribs sold for $150 – $300.

Cribs recalled include only certain models of the Berkley, Hilton, Positano, Spindle, and Windsor styles. The model numbers can be found inside of the bottom rail of the footboard or headboard and include:

0113B00, 0113K00, 0309K00, 0303B00, 0303C00, 0303G00, BC-007, BC-010, BC-010C, BC-010HP, BC-010W, BC-017, BC-107C, BC-107CR, BC-110C, BC-110HP, BC-110W, BC-23, BC-36B, BC-36G, BC-36P, DA617BC, DA620BC, DA770BC, DV730N, DV730W, DV830-N, DV830-W

If you own a crib with any of these model numbers, you are urged to stop using the crib immediately and contact Jardine for a full credit toward the purchase of a new crib at (800) 646-4106, or visit their web site at www.jardinecribrecall.com. Instructions are provided for you to receive a voucher that can be redeemed at any Toys "R" Us or Babies "R" Us store.

Defective High Chairs, Cribs, and Bassinets Lawyer

Each year, thousands of children suffer serious injuries due to defective products. Alarmingly, these incidents are on the rise.

The Consumer Product Safety Commission (CPSC) reported that there were over 66,000 injuries to children under age five from cribs, high chairs, and child walkers in 2006. This represented an 11% increase from the previous year. Head injuries accounted for approximately 42% of the total.

There were 241 infant deaths between 2001 and 2004. Of these, 40% involved cribs. The most common cause of infant death in cribs was due to the child getting trapped between the railings and suffocating.

The products most commonly associated with infant injuries are:

* Cribs
* Bassinets
* Strollers
* Infant carriers
* Car seats
* High chairs
* Walkers

Simplicity Bassinet Recall

Over 900,000 bassinets made by Simplicity, Inc. have been recalled in 2008. The recall involved 3-in-1 and 4-in-1 convertible "close-sleeper/bedside sleeper" bassinets. Three infants have died from a defect in this bassinet.

A Velcro strap needs to be fastened when converting the bassinet into a sleeper. If this is not done correctly, a baby can get trapped between the bassinet's metal bars and suffocate. The bassinet's metal bars are spaced farther apart than federal crib safety specifications dictate, resulting in these tragic injuries.

Simplicity, Inc. has a history of defective products. In 2007, one million cribs made by Simplicity and Graco (previously owned by Simplicity, Inc.) were recalled after three babies died of suffocation. The recall was for cribs sold in the United States between 1998 and May 2007. In June 2007, Simplicity recalled 40,000 Nursery in a Box cribs and in December 2005, they recalled 104,000 Aspen 3-in-1 cribs (made by Graco).

Defective Bicycle Helmets Attorney

By far, the single most critical factor in the prevention of head injuries to bicycle riders is the use of a safety helmet. Defective helmets, however, whether defective in design or in their manufacture, can actually contribute to serious injury or death in the event of an bicycle accident.

There are numerous agencies and organizations that test bicycle helmets and set bicycle helmet safety standards. Ultimate regulatory responsibility, however, rests with the Consumer Product and Safety Commission (CPSC). And with an estimated 30 firms manufacturing or importing approximately 200 different models of bicycle helmets that are presently marketed in the US, the Commission's burden is a formidable one.

Fortunately, the CPSC has many enforcement mechanisms at its disposal. Among them are the ability to order a recall if bicycle helmets fail to meet current standards. The CPSC can also levy substantial fines.

Despite this, defective helmets continue to make their way into the market, and even the best regulatory efforts are no consolation to someone who has, or is, suffering injuries as the result of a bicycle accident, especially if the injuries could have been lessened or prevented with a properly functioning helmet.

A common problem leading to serious injuries is that of the helmet being ejected in an accident due to its “positional instability.” This may be considered a helmet defect if the manufacturer did not provide 'suitable guidance' on adjustment and fit” (Snell B95). For more on what may constitute a product defect, please visit Product Liability Attorneys and Defective Consumer Product Lawyers.

Another danger was uncovered by Consumer Reports. After testing 24 popular bicycle helmets, they found that the buckles on half of them broke apart. And although the level of protection may be the same for these helmets during an initial impact, the helmet may then come off and leave the bicyclist's head unprotected. The tests were based on safety requirements of the American Society for Testing and Materials (ASTM) and the Snell Memorial Foundation.

Regardless of the bicycle helmet defect, from a shattering visor that can cut the rider, to a helmet that does not meet impact force standards, manufacturers are subject to civil and even criminal penalties. In at least one case, a bicycle helmet manufacturer went to jail for refusing to comply with a CPSC standard.

Bayside Youth Bed Recall Lawyer

In July 2008, over 9,300 Chinese-made youth beds were recalled because a toy chest that is attached to these beds can entrap children. According to the Consumer Product Safety Commission (CPSC), the lid supports on the toy chests do not work properly and can close too quickly.

Two youth beds imported by Bayside Furnishings (a division of Whalen) of San Diego, California are involved in the recall — the Pirates of the Caribbean Twin Trundle Bed and the LaJolla Boat Bed. Both beds were sold at Costco and retail furniture stores nationwide from January 2006 to May 2008. The pre-assembled beds, which sold for between $700 and $1,400, have the toy chests, which are designed in the shape of a boat's "bow", attached as footboards.

The reason for the recall is that young children could be entrapped or strangled because the lid support on these toy chests can fail to prevent the lid from closing too quickly. A 22-month-old boy in Roseville, California was strangled to death when the lid of a chest fell on the back of his head and entrapped his neck on the edge of the chest.

Bassettbaby Crib Recall Lawyers

On November 8, 2007, Bassettbaby and the Consumer Product Safety Commission (CPSC) jointly issued a press release announcing a voluntary recall of certain Wendy Bellissimo Collection convertible cribs. The recall applies to nearly 9,000 cribs sold exclusively at Babies "R" Us between July 2005 and October 2007 for approximately $500.

Not all Wendy Bellissimo Collection convertible cribs were named in the recall. For a list of model numbers involved in the recall, please read the press release from the CPSC. Model numbers can be found on the headboard of the cribs (on full-sized cribs, they can be found on the bottom rail of the headboard).

It was found that if the bushings in the top corners of the recalled cribs became stripped, they could loosen and create a gap that could pose an entrapment and strangulation hazard. By the time the recall was issued, Bassettbaby had received about 85 reports of loose bushings and one report of a 13 month-old child whose hand became entrapped between the railings.

If you own a Bassettbaby crib listed in the recall, you should immediately discontinue using it. For a free repair kit, you may contact Bassettbaby at (888) 897-4689, between 9 a.m. and 10 p.m. ET, or visit the company's web site at www.bassettbaby.com. The crib's Chinese factory has taken corrective measures to eliminate the problem, and the CPSC has tested and approved the arm replacement kit.

Additional safety measures recommended for Bassettbaby cribs in general include:

* The mattress should be at least 27-1/4 inches by 51-5/8 inches and less than 6 inches thick. Remove any plastic shipping bags and do not use plastic film mattress covers because they may pose a suffocation hazard. Do not use a waterbed mattress.
* Discontinue using the crib when a child reaches 35 inches in height or is able to climb out of it.
* Do not exceed your crib's weight limit.
* Place the crib away from windows where cords from drapes or blinds may strangle the child.
* Make sure the side of the crib is raised and locked whenever the child is in it.
* When the child is able to stand and pull, set the mattress support to the lowest position and remove the bumper pads and any large toys or other objects that the child can use to step or climb out of the crib.
* Periodically ensure that all of the crib's screws are securely tightened.