SimplyThick has recalled its thickening gel for premature infants manufactured at its Stone Mountain Georgia plant due to a possible link to necrotizing enterocolitis (NEC) a life-threatening condition. SimplyThick manufactured at other sites has not been recalled. The FDA reported that the company failed to prevent harmful bacteria from being killed during the manufacturing process. No confirmed link has been made but an investigation into two reports of infant death allegedly connected to SimplyThick is being conducted. Those who use SimplyThick should not use the product with children born before 37 weeks of gestation currently in the hospital or that have been released from the hospital in the last month. Further information about the recall can be found on the FDA SimplyThick recall website. Replacements or refunds can be requested at the SimplyThick Recall Request website.
Commentary
Its always unfortunate when a drug or other type of medical product intended to help a person may cause harm to that person. As drug makers and medical product manufacturers know all too well they have a legal duty to ensure that their product is safe for consumers to use before releasing it to the public. However a number of issues can result in a product being rushed to market before full safety testing may have been conducted. When a possibly defective product causes injury or death to a person the manufacturer of that product may bear civil liability for the results of any accident resulting from their use of the product.
According to recent news reports from Dallas Texas 29-year-old Jose Castaneda has suffered serious head trauma after being struck by a suspected drunk driver on Saturday May 4 around 2:30 a.m. Castaneda and others were pushing his disabled vehicle off of I-35 near Oak Lawn Avenue when 19-year-old Stephanie Pruitt of Mesquite struck the car. Those who were helping Castaneda reported that Pruitt was speeding and driving recklessly and failed to apply brakes before the collision occurred. The impact caused Castanedas vehicle to skid for 66 feet before coming to a stop. Castaneda was thrown approximately 100 feet. He was taken to Parkland Memorial Hospital. Pruitt was arrested for intoxication assault and is being held on $25000 bail at the Dallas County Jail.
In Texas dram shop laws exist that work to hold negligent bars and restaurants accountable should their negligent behavior have contributed to a drunk driving wreck. If an alcohol-serving establishment over-serves alcohol to a patron and that patron then causes a wreck resulting in injury to themselves or others then that bar or restaurant can be held partially liable for the results of such an accident. However establishing such a chain of events often requires a thorough investigation to be conducted so that the proper liable parties can be identified. Additionally an alleged drunk driver can also be held civilly liable for their reckless behavior even if they may also be facing criminal charges.
According to recent news reports from Richardson Texas a police officer has suffered injury following a suspected drunk driving wreck that occurred on Wednesday June 1 around 12:30 a.m. on Central Expressway at Renner Road. The officer was inside of his patrol car on the shoulder of Central when a woman struck the back of his vehicle. Another patrol car was also on the shoulder as the two police officers were helping a stranded motorist. The other officer was outside of his vehicle at the time of the accident and did not suffer injury. The force of the initial collision caused the first patrol car to strike the second police cruiser sending it into the HOV lane. The woman who caused the wreck has since been charged with intoxication assault. It was also reported that she was driving with a suspended license.
Following an injury auto accident reportedly caused by a drunk driver a third party investigation may be conducted that can work to identify all liable parties for such an accident. While an alleged drunk driver can be held both civilly and criminally responsible for their actions a negligent bar or restaurant may also bear partial civil liability for such an accident should the suspected drunk driver have become intoxicated due to being over-served alcohol prior to an accident. Often establishing that such a chain of events occurred requires the work of an independent investigation so that all liable parties can be discovered and brought to justice for their respective roles in this unfortunate accident.
Bell Sports based out of Scotts Valley CA has recalled 31100 of their Bell Exodus full-face bicycle helmets. The buckle made of plastic that connects the chin straps can fail resulting in the helmet being able to come off of the wearers head. This could pose a serious hazard to a wearer in the event of an accident or fall. The affected models are all youth-sized and were sold nationwide through Walmart and via Amazon.com from August 2009 to March 2011. They cost from $50 to $60. The affected bike helmets have a removable sticker on the side of the helmet with the following model and part number:
Colors: Orange Grey Black 1003825/035011898025
Colors: Blue Grey Gold White Black 1006714/035011917719
Those with affected helmets are to immediately discontinue use of the helmet. Consumers can contact Bell Sports at 866-892-6059 for a refund or replacement.
The proper use of a helmet while riding a bike of any type is often vitally important in regards to the safety of the bike rider. When the helmet itself may fail and come off this can present a serious danger to the rider thats wearing such a helmet. Consequently consumers with these helmets are encouraged to stop their use so that such accidents dont have the opportunity to occur. While its unfortunate that such a recall has to be made due to a small piece of faulty plastic its fortunate that no injury reports have been received in connection to this product.
The Consumer Product Safety Commission has issued a recall for approximately 1 million pool drain covers due to inaccurate flow ratings. This recall could affect many thousands of public pools across the country which may have to close while the issue is investigated and fixed. After poring through 17000 pages of documents the CPSC has reported that the tests conducted on certain pool drain covers used poor standards. Not all public pool drain covers must be replaced such as those in pools with multiple main drains or gravity drainage systems. Additionally some drain covers may already be rated high enough for the pools they are in. The affected pool drain covers are made by:
A&A Manufacturing of Phoenix AZ
AquaStar Pool Products San Diego CA
Color Match Pool Fittings Surprise AZ
Custom Molded Products Tyrone GA
Hayward Pool Products Elizabeth NJ
Pentair Water Pool and Spa Sanford NC
Rising Dragon USA Sweetwater TN
Waterway Plastics Oxnard CA
Pool owners or operators are encouraged to contact The Association of Pool and Spa Professionals at 866-478-3521 or via the Pool Drain Cover Recall website to learn more about this recall.
The Virginia Graeme Baker Pool & Spa Safety Act was enacted in 2008 as a result of a tragic pool accident that claimed the life of Virginia Graeme Baker the granddaughter of a former Secretary of State James Baker III. She became the victim of a pool entrapment accident. The Pool and Spa Safety Act works to ensure that proper pool drains are used on all public pools and spas so that similar accidents do not befall other children or adults. Consequently this large-scale recall is important as it could have devastating effects if a pool owner or operator fails to take the necessary steps to fix the issues. If you or your family visits a particular public pool in the summer be sure to inquire as to whether or not the pool drains are safe and if the owner knows about this particular recall.
Stihl Inc. has recalled 2.3 million of its products ranging from trimmers brushcutters pole pruners backpack blowers edgers clearing saws and KombiEngine multifunction products due to possible fuel spills that can be caused by the effects of fuel additives and ethanol on the toolless fuel caps used on 25 models of Stihl products. The caps can become increasingly difficult to remove or install over time which could result in fuel spillage which could then result in possible burn injuries. No reports of injury have been received but Stihl has received 81 reports of difficult caps. The Stihl products were sold by authorized Stihl dealers from July 2002 to May 2011 for prices ranging from $190 to $650. Those with affected products should discontinue immediate use of those products. Affected products can be taken to an authorized Stihl dealer to have a newly designed fuel cap installed. Stihl can be contacted at 800-233-4729 or via their website (Stihl Recall).
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When a defective product leads to consumer injury the product manufacturer can bear liability for that injury. This is one of the reasons why many big companies attempt to be as proactive as possible in regards to their products which may cause injury even if such an injury may seem a remote possibility. However its important to pay attention to such recalls (many of which can be found on the Consumer Product Safety Commissions website) as they may affect a product you own and could conceivable cause injury to you or a loved one.
According to recent news reports from Montour Falls New York 56-year-old Daniel Hetzel of Montour Falls suffered a serious leg injury after the motorcycle he was riding was struck by an alleged drunk driver. The injury accident occurred around 7:20 p.m. on Friday May 20 when 40-year-old William V. Lynch reportedly turned into the path of Hetzels motorcycle at College Ave. and Turner Park. Hetzel was taken by air to Robert Packer Hospital located in Sayre. Lynch has been charged with DWI first-degree vehicular assault failure to keep right and failure to yield the right of way. He has since been remanded to Schuyler County Jail on a $7500 cash bail or a $15000 property bond.
Following an injury accident that may have been caused by an alleged drunk driver an independent investigation may be pursued that can look into certain issues of liability. For instance a suspected drunk driver can be held civilly liable for their actions in addition to facing any criminal charges that may have also been brought against that person. Additionally should the alleged drunk driver have become intoxicated due to being over-served alcohol at a bar or restaurant prior to the accident a negligent alcohol-serving establishment may be held partially liable for such an accident. However establishing the chain of events that may have resulted in this unfortunate accident can require an in-depth investigation to make sure that all liable parties are properly identified so that they can be held properly accountable for their negligent behavior which may have resulted in serious injury to the victim.
Maclaren USA Inc. has had to re-issue a recall first made in November of 2009 due to further reports of finger injuries to children caused by Maclaren strollers. Of the 149 total reports received by Maclaren 37 have been received following the first recall. Of the recent spate of reports five involved fingertip amputations 16 involved finger lacerations and 16 involved fingertip bruising or entrapment. The injuries have reportedly been caused by children getting their fingers stuck when the stroller is unfolded or opened. The affected Maclaren strollers were sold prior to November of 2009 and involve both single and double umbrella strollers. They were sold at mass retailers from 1999 to November of 2009 for prices between $100 and $360. Consumers with affected strollers are strongly encouraged to contact Maclaren at 877-688-2326 to receive a free repair kit.
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When injuries occur due to a product defect a manufacturer can be held civilly liable for such an incident. This is one of the reasons why concerted efforts are often made in order to recall dangerous or defective products. Its unfortunate that this particular company had to issue two recalls due to further reports of injury accidents especially considering that these accidents happened to children. If you happen to have this particular model of stroller or know someone who does be sure to contact the manufacturer so that an injury accident does not have an opportunity to occur to your young one.
According to recent news reports from Dacula Georgia one woman has suffered critical injury after her car was struck head-on by a suspected drunk driver around 8:30 p.m. on Saturday May 14 at Braselton Hwy and Hamilton Mill Rd. 30-year-old Daniel Mitchell of Sugar Hill was being followed by a police officer due to reports of his possible intoxication. He was pulled over by the officer but refused to do so and fled. Minutes later he struck a vehicle as he was attempting to pass it then crossed the centerline and hit a vehicle head-on. The woman driving the car became trapped and firefighters took over an hour to extricate her. She was taken by helicopter to a hospital and was last reported in critical condition in the ICU. Mitchell also suffered injury and was taken to Gwinnet Medical Center. Two people in the car that was first struck suffered non-life-threatening injuries and were also taken to a local hospital. Witnesses reported that Mitchell was traveling faster than 70 mph when the accident occurred. He has been charged with DUI serious injury by vehicle and driving with a suspended license.
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Following an injury auto accident in which drunk driving may have been involved a third party investigation may be conducted that can look into any issues that may have led up to this unfortunate accident. For instance if the alleged drunk driver was over-served alcohol prior to the accident a negligent bar or restaurant may be held partially liable for the accident. Additionally a suspected drunk driver can be held civilly liable in addition to any criminal charges they may also be facing.
General Motors has issued two separate recalls in connection to their Chevrolet Cruze line of automobiles. 154122 2011-year models are being recalled due to a possible issue in connection to steering shaft installation. Though reportedly unrelated to this recall GM issued a recall last month for 2100 2011 Cruzes after having received a report of a steering wheel becoming completely detached from the steering column.
120000 automatic transmission-equipped Cruzes have been recalled due to an issue in which the displayed gear may not match the actual gear that the car is in. GM dealers will inspect the possibly affected cars in order to determine if replacement or repair is necessary. Consumers should receive information regarding this recall in a month.
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If a defective product leads to an accident resulting in injury to a consumer such a consumer can hold a product manufacturer liable for their injuries. Consequently auto manufacturers and other product manufacturers may be quick to recall products that can lead to injury or fatal accidents so that such incidents have the least likelihood of occurring.
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