Month: October 2011

According to the U.S. Consumer Product Safety Commission manufacturer Smart Solar Inc. has issued a recall of Smart Jel Gel Fuel bottles for burn and flash fire risks. The pourable fuel can ignite without warning and splatter on those using the gel. The flame can be invisible making the risk greater. The recall covers model numbers SJ3200 and SJ3201. Smart Solar can be contacted at (813) 343-5770.

Commentary
This recall marks a long line of recalls issued at the beginning of September over various pourable gel fuels. While no incidents have been reported regarding this specific product other gel fuel accidents have occurred mostly resulting in serious burn injuries. Other manufacturers like Real Flame Fuel Barons and Bond have issued similar recalls over burn hazards. Again the overall incidents reported from these specific products is low but consumers should be advised of the dangers of pourable fuels. These recalls are issued in an effort to mitigate liability when a manufacturer discovers a flaw. Injuries resulting from use of the product could place liability in multiple personal injury claims.

Texas Product Liability Attorney Michael Grossman

According to the manufacturer Little Tikes has issued a recall on 1.7 million additional units of Little Tikes Workshop and Tool Sets. The recall supplements another recall issued roughly 2 years ago. The sets possess oversized toy nails which can pose a choking hazard to children. Relating to this recall and the August 2009 recall the manufacturer has received two additional complaints of children choking on the pieces. Both children made a full recovery. Little Tikes can be contacted at (800) 321-0183.

Commentary
Many recalls are issued for this very reason a small toy having a choking hazard. Not just with this item but parents should be aware of any small toy their children may have. The manufacturer notes a very small number of incidents related to the overall production of the product but consumers should still take this recall seriously. When a manufacturer learns of a defect with their product a recall will often be issued in an effort to mitigate the possible fault the company could assume if that defective product causes an injury. Readers are advised to contact Little Tikes if they believe they have purchased the product.

Texas Product Liability Attorney Michael Grossman

According to the U.S. Department of Agriculture Tyson Fresh Meats Inc. has issued a recall on roughly 131300 pounds of ground beef that could be contaminated with E. coli. The department became aware of the issue when a family in Ohio became ill from the beef which later tested positive for the bacteria. The beef was shipped to several states including: Tennessee Indiana North Carolina South Carolina Delaware Florida Georgia Maryland Illinois Missouri New York Ohio Texas and Wisconsin.

Commentary
Food contamination claims can be a delicate situation. On the one hand a producer has a responsibility to sell safe product and a consumer has a reasonable expectation that the product is indeed safe. However on the other hand damages in contamination cases can be difficult to prove as many a contaminated consumer may experience something as small as a one-day stomachache. Nevertheless when a consumer is exposed to tainted product the duty of the producer has been breached and there may be standing for a personal injury claim.

Texas Food Injury Attorney Michael Grossman

In November of 2010 the FDA issued a recall on prescription painkiller Darvocet but continues to monitor the drugs side effects. The prescriptions generic name propoxyphene has been linked with numerous issues including heart arrhythmia failure irregular heartbeat and atrial fibrillation. Lawsuits have begun due to injuries incurred from taking the medication.

Commentary
The news feeds list of symptoms from Darvocet fails to identify the strong potential for dependence upon the prescription drug as well as the problems associated with stopping use of the drug. In addition to the symptoms experienced from taking the medication withdraw of the drug can produce symptoms like: aggressiveness nausea vomiting and diarrhea. The withdraw is so serious that when the recall was first issued doctors were advising patients on the drug to use extended bed rest to ween themselves.
When a pharmaceutical company creates a product that proves to be unsafe for use that manufacturer has a responsibility to recall the product or face liability in the resulting injury claims. The claims can be difficult and technical as an expert in the field would have to directly correlate consumption of the product with the victims injuries but can go a long way in compensating a victim of the drug.

Texas Drug Injury Attorney Michael Grossman

The U.S. Food and Drug Administration has issued a warning on contraceptives Yaz and Yasmin following the death of a student who used the medication. Michelle A. Pfleger died in September of 2010 after collapsing on her way to a class. The FDA believes the risk of blood clots from the use of the prescriptions is greater than previously thought. Symptoms from the drugs include leg pain chest pain and shortness of breath.

Commentary
The administration expects to publish a full study on the contraceptives by December but attention should be paid towards the side effects listed above. My readers should also be advised when taking this medication during long airplane flights as increased inactivity can trigger clotting.
If an injury occurs from what is believed to be the use of the contraceptives a third party investigation is needed to prove this link. Drug injury cases are contingent upon a meticulous correlation of injury and medication consumption. The one job of a defense attorney is to decouple the two finding other causes for injuries.
If a relationship can be established between the two then a determination of reasonableness must occur. In other words is it reasonable for a consumer to assume the use of medication is safe? Most would say yes. This is the basis for a wrongful death or personal injury claim as most would think death is completely unreasonable.
From a claim like this a victim can begin the compensation process but perhaps more importantly a claim presses a manufacturer to fix their product and possibly prevent further harm.

Texas Drug Injury Attorney Michael Grossman

Local reports indicate four children were injured in a vehicle with their suspected drunk driving father in West Nyack New York. The accident happened Sunday afternoon September 25 when Matthew Ouseph was arrested on suspicion of drunk driving after crashing his vehicle into a tree. His four children ages 7 9 10 and 12 were taken to Nyack Hospital with what were thought to be non-life threatening injuries.

Approximate Site of the Accident

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Commentary
Drinking and driving is inexcusable enough but to do it with children in the car takes it to another level. I hope the children all experience full recoveries from their injuries. Many states including New York and Texas have added punishments for drivers who are found to be operating under the influence with children in the car. A third party investigation is needed to corroborate the police reports and determine liability. If the man was indeed found to be drinking and driving before the accident occurred he could face fault in personal injury claims presumably brought by the childrens mother. I understand this is a delicate familial situation but so is endangering children.
For a personal injury claim to commence a party must be able to show that a defendant breached their duty to provide a reasonably safe environment for their passengers or other vehicles on the roadway. Typically the law sees driving under the influence as a reckless act that usually breaches a persons duty to safety. From there a damages determination must be made in other words quantifying the injuries as a result of the accident. This usually comes from medical bills and rehabilitation incurred.
This is a tough situation to discuss but the fact of the matter is it happened and there are remedies available should an eligible claimant seek them.

Texas Personal Injury Attorney Michael Grossman

Local reports indicate a girl was injured after she was struck by an SUV in a parking lot in Waco Texas. The accident occurred Sunday afternoon September 25 when 2-year-old Kaedinse Saldierna was hit by the vehicle in the parking lot of Wacos Treasure City Flea Market. The vehicles front and back tires crossed over the toddlers body giving her pelvic and rib injuries and puncturing a lung. Kaedinse was taken to Hillcrest Hospital but was later flown to Scott and White hospital in Temple Texas.

Site of the Accident

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Commentary
I think I speak for everyone when I say I hope this young girl makes a full recovery from the accident. When young children are involved I do understand accidents will happen but the fact both axles of the SUV passed over the child bothers me. A third party investigation is needed to determine liability. I just wonder if someone was in a rush to leave the flea market and tried to speed out of the parking lot. This action could lay fault at the feet of a driver in a personal injury claim.
So in parking lots where there are typically no speed limit signs posted how do we know if the drivers actions were enough for a personal injury claim? Well in a legal sense every driver has a certain legal duty to safety. The parameters of this duty can fluctuate depending on circumstances. For example say a speeding car rear-ends your vehicle and you hit the car in front of you. Your legal duty to keep the car in front of you safe is probably not very high whereas the car behind you does have a greater responsibility to keep everyone safe. In a parking lot safe operation of a vehicle is dictated by what a reasonable person would expect in the area given the details of the situation. A vehicle that strikes a child with both axles is probably not what a reasonable person would view as safe. This kind of determination could give parents or guardians of the young child standing in a personal injury claim against the driver.
Why make a personal injury claim? Again I realize a situation like this is an accident. But why should a family struggle with the financial costs associated with a probable lengthy hospital stay and certainly a vast amount of rehab. Damages like medical bills and pain and suffering can be claimed in order to facilitate the recovery process in both a physical (the child) and mental (the parents) sense.

Waco Personal Injury Attorney Michael Grossman

According to several sources multiple lawsuits have begun linking the use of the birth control device NuvaRing with a risk of stroke blood clots pulmonary embolism and infarction. Many suits allege the manufacturer Organon USA failed to disclose the risk of higher hormone levels and thus have not adequately conveyed to consumers the difference between using the device and taking another contraceptive.

Commentary
Drug injury claims break down essentially into two forms a personal injury matter and a product liability matter. On the one hand if an injury can be directly linked to the use of some medication or device that could give standing to a party in a personal injury claim. That is because on the other hand a manufacturer has a responsibility to produce a safe product for their consumers. When they fail to do so and their product leads to injury that could give consumers standing in product liability claims. The FDA does attempt to force disclosure of known side effects however further effects could arise after the medications release.
A medication injury claim requires a very detailed investigation by an expert who can link symptoms a claimant incurs with the direct usage of that drug in question. Attorneys for the large drug companies are very good at decoupling these symptoms with their clients medication making it imperative that a proper examination is conducted.

Texas Drug Injury Attorney Michael Grossman

According to the manufacturer Evenflo has recalled child restraint systems due to a structural problem that could increase the risk of injury in an accident. The recall is aimed at systems with the model numbers beginning at 310 and were made between November 24 2009 to April 9 2010. For further information Evenflo can be contacted at 1-800-233-5921.

Commentary
This recall is geared towards only roughly 14000 restraint systems but should be treated with the highest regards. Any failure of a childs safety system in a crash is a serious defect that could implicate a manufacturer if an injury were to occur. When a manufacturer learns of a defect in their product they have a responsibility to recall the product in question in an effort to mitigate liability. Readers are encouraged to contact that number if they believe they own one of these devices.

Texas Product Liability Attorney Michael Grossman

According to the manufacturer Bridgeway International has issued a recall of 91000 bicycles due to a fall hazard. The company says the bicycle chain can break causing a rider to lose control of the bike and fall. The product was sold at Walmart from February 2011 through July 2011. Consumers should cease using the bike and contact the company for repair at (877) 934-3228.

Commentary
The recall cites 11 separate incidents of injury including contusions and lacerations from the chain breaking so this recall should be treated seriously. When a manufacturer sells a product with a known defect they could be held liable if that product causes an injury. Recalls are issued in an effort to mitigate this liability. Readers are encouraged to contact that number if they have purchased one of the bikes in question and have it repaired for free.

Texas Product Liability Attorney Michael Grossman