Recent Case Results
A new report from the consumer advocacy group Kids In Danger reveals that fewer children’s products were recalled in 2011 than the previous year, but parents aren’t necessarily heeding the recall warnings. Specifically, the report shows that recalls of children’s products decreased 24 percent from 2010, but the number of injuries associated with recalled products increased seven percent.
Pooh Poppin' Piano a diatonic one octave toy piano (Photo credit: Wikipedia)
Other noteworthy findings from the report include the following:
- Nursery products were the most-recalled category, accounting for 30% of children’s recalls, followed closely by toys at 26%.
- The most injurious product prior to recall during 2011 was girl’s Keds shoes with decorative stars that caused 27 reports of lacerations.
- There were three deaths in 2011 prior to recall in children’s products, with two strangulations involving a nursery monitor and one entrapment in a bunk bed.
- The Consumer Product Safety Commission (CPSC) imposed a total of $3.9 million in fines for companies who violated safety regulations, mostly for failing to report choking, poisoning and drawstrings in clothing and one for selling a banned substance.
- Seventy percent of recalling companies offered a full refund, replacement product or merchandise credit, 27 percent of recalling companies offered a repair kit or replacement parts and three percent offered only new labels or nothing at all.
- Eleven of the recalled products were reported to SaferProducts.gov prior to recall and 13 of the recalled products had reports after the recall was announced.
According to this article, Nancy Cowles, the advocacy group’s executive director, points to higher safety standards and new third party safety confirmations as part of the reason for the reduction in recalls. “New requirements to avoid lead in children’s products and for safer cribs went into effect about the same time,” Cowles said, which she suspects may be part of the reason that the number of recalls has decreased.
Unfortunately, consumers do not seem to be observing the recommendations of the CPSC. According to the report by Kids In Danger, the number of injuries associated with recalls of children’s products in 2011 increased seven percent from 2010. Moreover, only 15 percent of recalled children’s products are returned for repair, according to the CPSC.
Parents and other consumers are advised to register new products with the manufacturer so that they can get direct notification in the event that a product is recalled or there are other safety problems with the product. Parents and other consumers can also check their products for safety at www.SaferProducts.gov.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
Continue reading : Report Shows Fewer Children’s Products Recalled, but More Recalls Are Ignored
Tags : children's products,Consumer Product Safety Commission,CPSC,Kids In Danger,product liability,product recall,product safety,Toy,US Consumer Product Safety Commission,
Pfizer recently recalled about 1 million packets of birth control pills due to a packaging error that could increase the likelihood of pregnancy. The recalled pills included 14 lots of Lo/Ovral-28 birth control pills and 14 lots of generic Norgestrel and Ethinyl Etstradiol pills, all of which were marketed by Akrimax Rx Products and have expiration dates between July 31, 2013 and March 31, 2014.
Birth control pills typically contain 21 days of active pills and 7 days of placebo pills, but some of the recalled packets contained too many active pills, others contained too few active pills, and still other packets contained active and inactive pills that were out of sequence.
“As a result of this packaging error, the daily regimen for these oral contraceptives may be incorrect and could leave women without adequate contraception, and at risk for unintended pregnancy,” Pfizer said in a statement. “…Consumers exposed to affected packaging should begin using a non-hormonal form of contraception immediately.”
Pfizer first learned of the problems with the pills when a customer complained to the company last October that she noticed that her package of pills did not contain the right amount of active and placebo pills. Upon further investigation, Pfizer learned that some packages of pills contained an extra active pill at day 22 or 28, one pack lacked an active pill at day 10, and another pack lacked an inactive pill at day 24. Pfizer notified pharmacies and distributors of the affected birth control pills on December 28, 2011 that it was recalled the pills.
Neither the U.S. Food and Drug Administration (FDA), nor Pfizer, have received any reports of adverse events, such as unintended pregnancies, but the FDA is investigating the matter. Women who do not take the correct amount of active pills in a one month cycle risk unintended pregnancy because they could ovulate without the proper hormonal dosage designed to prevent ovulation. Pfizer is advising women who have used the affected pills to consult with their doctors.
Many experts have begun speculating about whether the Pfizer recall could potentially lead to individual or class action lawsuits for any unwanted pregnancies. Product liability laws protect consumers from dangerous or defective products, including unsafe pharmaceuticals, due to design defects, manufacturing errors, or failures to warn the public of a potential risk associated with the product.
The Chicago product liability and medical malpractice attorneys at Steinberg, Goodman & Kalish are dedicated to protecting victims of personal injury, medical malpractice and product liability claims, including medical device recalls and unsafe pharmaceuticals.
Source: Pfizer Cites Packaging Flaws in Birth-Control Pill Recall
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
The U.S. Consumer Product Safety Commission (CPSC) recently announced a voluntary recall of about 30,400 kids’ bike helmets. The helmets, which were manufactured by Triple Eight Distribution, Inc., of Port Washington, N.Y. and sold under the brand name Little Tricky, were recalled due to concerns that the helmets do not comply with CPSC safety standards for impact resistance, which could cause children to suffer head injuries in a fall.
The recalled bike helmets include a large Little Tricky logo on both sides of the helmet. The recall affects two varieties of Little Tricky bike helmets – the Triple Eight and Sector 9 helmets. The Triple Eight S/M EPS Liner helmets feature a hard black inner EPS foam liner and come in black, white, bone, blue and army green. The Sector 9 S/M EPS Liner helmets also feature an EPS liner and come in gray, white, black, blue and green. Both the types of helmets have an interior label indicating the size and the helmet’s manufacture date.
The recalled Little Tricky bike helmets were sold at bicycle stores, sporting goods stores, and other retailers throughout the United States and online from August 2006 through November 2011. The helmets retailed for about $40.
Consumers should stop using the helmets and contact Triple Eight for a full refund. For additional information, consumers can contact Triple Eight toll free at (888) 548-8518 between 9 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website at www.triple8.com.
Bike helmets are critical to preventing serious head injuries in children. As explained in a recent article in East County Magazine, bike helmets help prevent head injuries in the event of a fall by absorbing the force from one object, such as an automobile, and protecting the upper part of the forehead and back of the head.
In the article, Sue Cox, Director of Trauma Services for Rady Children’s Hospital, stated, “Head injuries have potentially the most severe consequences in the both the short and long term.”
If you own one of the recalled bike helmets, you should stop using the helmet immediately and make sure that your child wears another safe bicycle helmet. If your child has suffered a head injury as a result of a bike accident, you may be entitled to compensation for any injuries suffered. Contact the experienced Illinois product liability attorneys at Steinberg, Goodman & Kalish to learn about a possible personal injury or product liability claim.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
(Credit: U.S. Consumer Product Safety Commission)
Parents: Beware and Be Aware. The U.S. Consumer Product Safety Commission (CPSC) recently issued a warning regarding the risk of injuries to children placed in Bumbo baby seats placed on a table, countertop, chair or other elevated surface. Parents and caregivers are reminded to only place children in the Bumbo seats while the seat is on the floor. The Bumbo baby seat is an incredible popular children’s product, with approximately 3.85 million Bumbo seats sold in the U.S. since 2003.
Babies frequently escape free from the Bumbo seat by arching their backs, leaning forward or sideways, or rocking back and forth. Infants between 3 and 10 months have been known to suffer serious head injuries, including skull fractures and concussions, after falling from a Bumbo seat that is on an elevated surface. In fact, the CPSC and Bumbo International, the manufacturer of the Bumbo baby seat, are aware of at least 45 incidents since October 2007 in which children fell out of a Bumbo seat while elevated.
In October 2007, Bumbo International voluntarily recalled the Bumbo seat in order to add a product warning on the front of the baby seat warning against the use of the seat on elevated surfaces. Since the recall, CPSC and Bumbo International have received reports of 17 infants, ages 3 to 10 months, who suffered skull fractures. CPSC and Bumbo International are also aware of an additional 50 reports of infants falling or maneuvering out of Bumbo seats when used on the floor and at unknown elevations, including two reports of skull fractures and one report of a concussion that occurred even when the Bumbo seat was placed on the floor.
CPSC and Bumbo International are also aware of at least 46 falls from Bumbo seats prior to the 2007 recall, which resulted in 14 skull fractures, two concussions and one incident of a broken limb.
If your child has been injured as a result of falling from the Bumbo baby seat, you may wish to contact the experienced Illinois product liability attorneys at Steinberg, Goodman & Kalish to learn about a possible personal injury or product liability claim.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
J.M. Smucker Co. recently recalled 16-ounce jars of Smucker’s Natural Peanut Butter Chunky due to concerns about salmonella contamination. The recall does not affect Smucker’s creamy peanut butter varieties or other Smucker’s products.
Although no illnesses have been reported to date, Smucker’s voluntarily recalled the jars of chunky peanut butter based on “a routine sampling program which revealed these finished products may contain the bacteria.”
The recalled peanut butter was sold in 24 states and Washington, D.C., including Illinois, Wisconsin and Indiana, between November 8 and November 17, 2011. The recalled jars of peanut butter carry the UPC code 5150001701, production codes of 1307004 and 1308004, and “best-if-used-by” dates of August 3, 2012 and August 4, 2012.
If you have one of these jars of peanut butter, you should dispose of the product in a way that ensures that it will not be consumed by pets or other people. You may call Smucker’s at 888-550-9555 to receive a replacement coupon, and a proof of purchase may be necessary.
Symptoms of Salmonella
By some estimates, there are approximately 40,000 cases of salmonella in the United States each year. Salmonella infections usually cause diarrhea, fever, and abdominal cramps within 12 to 72 hours after consuming contaminated food, with symptoms lasting four to seven days. Most people recover fully without any treatment, but in some cases salmonella infections can cause serious, and possibly fatal, reactions. In some cases, salmonella bacteria can enter the blood stream and spread to other areas of the body.
Young children, the elderly, and those with weakened immune systems are the particularly vulnerable to salmonella infection.
If your or a loved one has suffered from salmonella infection, you may wish to contact the experienced Illinois product liability attorneys at Steinberg, Goodman & Kalish to learn about a possible personal injury or product liability claim.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
More than 438,000 B.O.B.® single and double strollers in the United States and Canada were recalled by the U.S. Consumer and Product Safety Commission (CPSC), in cooperation with the strollers’ manufacturer, on October 11, 2011. The strollers were recalled because the stroller canopy’s embroidered logo backing patch can detach, creating a choking hazard to babies and young children.
To date, the strollers’ manufacturer – B.O.B. Trailers, Inc. – has received six reports of children mouthing the detached patch, with gagging and choking occurring in two of the incidents. In each case, the child was seated in an infant car seat attached to the stroller and the backing patch was removed from the child’s mouth without injury.
The recall includes B.O.B. single and double strollers that were manufactured between November 1998 and November 2010. Strollers manufactured after October 2006 have a white label affixed to the back of the stroller’s leg that includes the manufacturing date. Strollers with no manufacturing date listed are still included in the recall. The recalled strollers have the brand name BOB®, Ironman® or Stroller Strides® embroidered on the canopy of the strollers.
The recalled strollers were sold at REI, Babies R’ Us and other children’s product and sporting goods stores throughout the United States, and via Amazon.com, from November 1998 to October 2011. The recalled strollers had a retail price of between $280 and $600.
If you own one of the recalled strollers, you should immediately stop using the stroller until the embroidery backing patch can be removed from the interior of the canopy’s logo. Consumers can contact B.O.B. Trailers for information on how to remove the backing patch and for any additional information by calling (855) 242-2245 between 8:30 a.m. and 5 p.m. MT Monday through Friday, or by visiting the firm’s website at www.bobnotices.com
If your child has been injured by one of the recalled strollers, you may wish to contact the experienced Illinois product liability attorneys at Steinberg, Goodman & Kalish to learn about a possible personal injury or product liability claim.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
Kroger Co., the nation’s largest grocery store operator, has recalled its Private Selection Extreme Moose Tracks ice cream due to mislabeling. The ice cream, which was sold in 10 states, could contain peanuts, but they were not mentioned on the label. The recall involves 16-ounce pints of the ice cream with a sell-by date of June 18, 2012 and a UPC code of 11110 52909.
The ice cream was sold at Kroger stores in Alabama, Georgia, Illinois, Indiana, Kentucky, Michigan, Missouri, Ohio, South Carolina and Tennessee, as well as the company's Jay C, Food 4 Less, Owen's, Pay Less and Scott's stores in Illinois and Indiana.
Consumers should return the product to the grocery store for a refund or replacement.
People with peanut allergies could have a serious or life-threatening reaction if they consume the ice cream, said Kroger in a statement. For those without a peanut allergy, the ice cream poses no danger.
Peanut allergies are a serious health concern and peanut allergies are the most common cause of food allergy-related deaths, according to the Asthma and Allergy Foundation of America. In fact, according to the American Academy of Allergy, Asthma and Immunology more than 3 million Americans are allergic to peanuts, tree nuts or both. Peanut allergies affect 1.2 percent of children, but 20 percent of them outgrow the allergy by age 6.
If your or a loved one has suffered an allergic reaction after consuming the recalled ice cream, you may wish to contact the experienced Illinois product liability attorneys at Steinberg, Goodman & Kalish to learn about a possible personal injury or product liability claim.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
Thousands of pounds of cantaloupes have been recalled in recent weeks due to concern about listeria contamination. The most recent recall includes nearly 600 pounds of fresh-cut cantaloupe shipped from Carol’s Cuts LLC in Kansas City. The cantaloupe was sold in 5-pound trays as chunks and as an ingredient in 8-ounce containers of mixed fruit medley.
This latest recall expands on the previous voluntary recall on September 14, 2011 of whole Rocky Ford cantaloupes that were grown and shipped by Jensen Farms in Colorado. Jensen Farms has ceased product and distribution of its cantaloupes while it, along with the U.S. Food and Drug Administration (FDA), conducts an investigation what may have caused the contamination. The recalled Jensen Farms cantaloupes were shipped between July 29th, 2011 and September 10th 2011, and distributed to a variety of states, including Illinois. The cantaloupes have a green and white sticker that reads: “Product of USA- Frontera Produce-Colorado Fresh-Rocky Ford-Cantaloupe” or a gray, yellow, and green sticker that reads: “Jensen Farms-Sweet Rocky Fords.” Jensen Farms has requested that consumers with one of the recalled cantaloupes destroy the product.
The cantaloupes have been recalled due to concerns that they are contaminated with listeria, a foodborne illness that can cause stillbirths, illness and death. To date, the listeria outbreak has been blamed for at least 84 illnesses and 15 deaths, according to the Centers for Disease Control and Prevention.
The Carol's Cuts products were shipped to customers on Aug. 26 and Sept. 12 and distributed to institutional food customers, including restaurants in Kansas, Missouri and Nebraska. Carol’s Cuts has notified all institutional customers of the recall, asking that the contaminated cantaloupe be returned or destroyed.
Del Monte Recall
Earlier this year – in March 2011 - Del Monte recalled nearly 5,000 cartons of whole cantaloupes grown and shipped from a farm in Guatemala based on the suspicion that they were contaminated with Salmonella. Shortly after the recall, however, questions regarding the accuracy of the recall began surfacing since the cantaloupes in question were already past their usable shelf life. The FDA imposed an import alert in July 2011 on fresh, frozen and sliced/chopped cantaloupes from the Guatemalan farm growing and shipping the suspect cantaloupes based on concerns that Salmonella contamination was likely caused by sewage-tainted irrigation water, contaminated wash water, worker hygiene issues, animals in the fields and/or unclean processing equipment.
Del Monte subsequently filed a lawsuit in August 22, 2011 against the FDA, alleging that “erroneous speculation, unsupported by scientific evidence,” led to the March 2011 recall of Guatemalan cantaloupes. Del Monte requested that the court deem the FDA’s actions restricting importation unlawful, set aside importation restrictions, and prohibit the FDA from enforcing the importation restrictions in the future.
Food Safety Recommendations
In an updated press release issued on September 30, 2011, the FDA advised consumers that, since listeria can grow at refrigerator temperatures, the longer ready-to-eat foods are stored in the refrigerator, the more opportunity the bacteria has to grow. The FDA recommends that consumers follow the following food safety tips:
- Wash hands with soap and warm water for at least 20 seconds before and after handling food.
- Wash the inside walls and shelves of the refrigerator, cutting boards and countertops and sanitize them with a solution of one tablespoon of chlorine bleach to one gallon of hot water. Use a clean cloth or paper towel that has not been previously used to dry the surfaces.
- Immediately clean up spills in the refrigerator.
- Always wash hands with warm water and soap following the cleaning and sanitization process.
The Chicago product liability attorneys at Steinberg, Goodman & Kalish are dedicated to protecting victims of personal injury, medical malpractice and product liability claims. If you would like more information on foodborne illnesses, contact one of our skilled Illinois product liability attorneys to discuss a possible personal injury or product liability claim.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
Amid growing concerns of the safety of fuel gel products, the Consumer Product Safety Commission (CPSC), in cooperation with nine manufacturers of fuel gel products, issued a recall of all pourable gel fuels. Fuel gel is a combustible liquid used in fire pots and ornamental vases in lieu of a candle and is commonly used to repel mosquitos and other outdoor insects.
The fuel gels pose serious risks of flash fire and burns when consumers pour additional fuel gel into an already burning fire pot, which can cause the fuel gel to ignite unexpectedly and splash onto people or objects nearby. The CPSC reports that it is aware of 65 incidents to date, resulting in two deaths and 34 victims who were hospitalized with second and third degree burns of the face, chest, hands, arms or legs. Twenty-eight of the incidents occurred with fuel gel products made by Napa Home & Garden, which recalled its products in June 2011.
The CPSC has instructed consumers to stop using all pourable fuel gel immediately, as all pourable gel fuel poses a flash fire hazard, regardless of the manufacturer.
Concerns about the safety of pourable fuel gels were first brought to the attention of the CPSC by Illinois Attorney General Lisa Madigan in June when she warned consumers about the risk of life-threatening burns associated with the fuel gels. At a news conference on August 10, 2001, Illinois Attorney General Lisa Madigan urged the CPSC to recall and ban fuel gel products.
In addition to the previous recall of fuel gel products manufactured by Napa Home & Garden, the most recent recall involves an estimated 2 million units of various pourable gel fuels that have been sold since 2008 for between $5 and $20, packaged in one-quart plastic bottles and one-gallon plastic jugs and made in both scented and non-scented formulations, and were manufactured by the following companies:
- Bird Brain Inc.
- Bond Manufacturing
- Sunjel Company (2 Burn Inc.)
- Fuel Barons Inc.
- Lamplight Farms Inc
- Luminosities Inc (Windflame)
- Pacific Décor Ltd.
- Real Flame
- Smart Solar Inc.
Consumers can contact the aforementioned manufacturers to obtain instructions on how to receive a refund of the product and how to return unused bottles and jugs of pourable fuel gel. Consumers can also contact the CPSC to report incidents or injuries that are directly related to the use of these products at www.saferproducts.gov.
If your or a loved one has been injured using one of the pourable fuel gel or a fire pot, you may wish to contact the experienced Illinois product liability attorneys at Steinberg, Goodman & Kalish to learn about a possible personal injury or product liability claim.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
On May 24, 2011, the Consumer Product Safety Commission (CPSC) reannounced its 2009 recall of approximately 22,000 Dream On Me full-size and portable drop-side cribs. The CPSC and the cribs’ manufacturer, Dream On Me, Inc. of Piscataway, N.J., have received 69 reports of injuries/incidents involving these cribs.
The full-size and portable drop-side cribs have rail hardware that can break, allowing the drop side to detach from the crib, creating a space between the drop side and the crib in which a child’s body can become entrapped. In addition, the portable drop-side crib mattress support hardware and drop-side release latch can break easily, causing the slats to loosen or break and detach from the crib. Children can also cut themselves on exposed hardware.
The recalled cribs are drop-side wooden cribs that are painted or stained in black, cherry, dark brown, natural, white, and pink. The recalled full-size cribs include model numbers 612, 613, 615, 616, 617, 619, 628, and 639. The recalled portable cribs include model numbers 621, 625 and 627.
The recalled cribs were sold at Toys R Us, Walmart and Target stores nationwide and online at Amazon.com. The full-size cribs were sold between January 2006 and December 2009 and retailed for approximately $200. The portable cribs were sold between September 2007 and December 2009 and retailed for approximately $150.
Consumers who own the recalled full-size cribs should contact Dream On Me to receive a free repair kit that will be available June 30, 2011. Owners of the recalled portable cribs can receive a free replacement portable crib beginning in mid-July 2011. Consumers should contact Dream On Me at (877) 201-4317 between 9 a.m. and 4:30 p.m. ET Monday through Friday, or visit the firm’s website at www.dreamonme.com to receive the free repair kit or replacement portable crib.
If your child has been injured using one of the recalled cribs, you may wish to contact the experienced Illinois product liability attorneys at Steinberg, Goodman & Kalish to learn about a possible personal injury or product liability claim.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
