Archive for the ‘Recent Product Recalls’ Category

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Wal-Mart Pulls Jewelry Off Shelves That Contain Cadmium

May 25, 2010

A Wal-Mart jewelry recall? High levels of the toxic metal cadmium have led Wal-Mart to pull its Miley Cyrus line of children and adult jewelry.

Wal-Mart’s reputation has taken a bath recently. This won’t help. Wal-Mart reportedly received information about the high cadmium levels in February and did nothing. In April, Wal-Mart said it were testing product not on the shelves but to test items already on the shelves would be “too difficult.” Wal-Mart also didn’t define the jewelry at risk, saying it was just jewelry for juniors. After the AP reported the story, Wal-Mart flipped its position and issued a recall of the jewelry.

Are their lawsuits coming here? I doubt it because it will be almost impossible to prove damages at this time from a high level of toxic metal cadmium. However, this clearly underscores that we need a strong, vibrant civil justice system to keep these Fortune 500 Companies in check!

Attorney Scott Edgett is a Texas Trial Attorney with Humphreys & Peterson Law Firm, PLLC in Dallas, Texas.

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Daycare Warning: Drop-Side Cribs To Be Banned

May 25, 2010

The Washington Post reported this weekend that the US will ban drop side cribs amid ongoing safety concerns.

The drop side crib has been on the US market since the 1950, although it is unknown how many are still in use. Because many cribs cost $1,000 or more, many are used repeatedly and handed down to family members, making it difficult to estimate their numbers. By the end of the year, it will be illegal in the U.S. to sell drop-side cribs and for places like daycare centers and hotels to use them. Repeat offenders of the ban, which comes after years of growing concern about the cribs, could face criminal penalties.

The Consumer Product Safety Commission has seen too many recalls and far too many deaths from defective drop side cribs in recent years. Since 2005, more than 7 million drop side cribs have been recalled because of suffocation and strangulation dangers. There have been at least 32 deaths from defective drop side cribs since 2000. Cribs are meant to be safe enough to leave a child unattended and when cribs malfunction, the infant is usually alone.

Safety advocates have been pushing for tougher crib regulations for nearly a decade, with little action. Federal safety standards for cribs have not been updated since 1982 (those infants are now nearly 30 years old).

Safety experts encourage anyone owning a drop side crib to examine it thoroughly. New cribs should be used without the drop side feature. Older or hand-me-down cribs should be discarded and replaced.

With defective cribs, it is absolutely important for crib manufacturers and CPSC to warn not only parents, but also caregivers and day care centers, which may not even know about these recalls. CPSC is warning parents not to give away the recalled cribs or sell it to a thrift store. The lives of innocent children is at risk here. It is absolutely important that these “death traps” be kept out of homes and daycare centers.

The tragedies caused by drop-side cribs must not be forgotten. It’s high time that federal officials finally decided to ban drop-side cribs and came up with strict regulations for safe crib design. Almost all children’s nursery products are made in other countries, a majority of them in China. These dangerous product defects occur because distributors and companies here have almost no control over the quality of products manufactured offshore. This is unacceptable. If your child has been injured by a nursery product, please contact Attorney Scott Edgett, a reputed Texas Trial Attorney, who will go after these defective product manufacturers and hold them accountable. www.TexasJusticeForAll.com

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Dallas Product Liability Attorney On What You Can Expect In Defective Product Litigation?

April 26, 2010

Most of us use manufactured products every day to improve our physical health, mental health and to make life a little easier. We rely on these products to help us in the way that they are supposed to. Products are tested for safety before being placed on the market. However, sometimes products that reach the open market and consumers are not safe for use. When this happens, people may be injured. Injuries may be caused by products that were defective when manufactured, or they may be inherently unsafe for use. Manufactures have a legal duty to test their products and ensure their safety before they are marketed and made available to the public. If a product has risks, the manufactured also has a duty to warn the general public of any dangerous associated with use. If companies do not adequately test their products or do not produce them correctly, injuries may occur when consumers use them. If this is the case, the victim (or victim’s family) may have a claim for injuries and litigation may be appropriate.

Responsible Parties:

There are different types of products on the market and factual situations that may determine the party liable for injuries from defective products. If the product is medical in nature, the liable party may be the manufacturer, the physician who prescribed the medication or medical product or the pharmacist who administered the drug or medical device. For other types of goods, such as machinery, tools, toys and electronics, the product manufacturer may be responsible for the product defect. The product (or market good) may have been defective in design or in manufacturing. The company liable depends on at what point in the product’s creation the defective condition occurred. The company that designed the product may be different from the company that manufactured it.

Additionally, product manufacturers are mandated to test all products for safety and they must meet government safety requirements before a product may enter the flow of commerce. If testing reveals that a product has the potential for harmful side effects or injuries, the manufacturer has a legal duty to warn consumers of these risks.

Possible Legal Claims:

If a person has been injured as a result of using a defective product, he or she may have remedies at law. The causes of action available to an injured party may differ depending on the product, the severity/or type of injury and other specific facts of the case. Defective product cases will generally involve legal claims of personal injury or product liability. In some cases, there may also be a claim for wrongful death. In a personal injury case, the plaintiff (injured party) must prove to the court that the manufacturer had a legal duty to the consumer, that duty was breached, the breach of duty was the direct (proximate) cause of the victim’s injury and that the injury occurred.

In contrast, if the cause of action is for product liability, the plaintiff must prove that the product was either defective in design, defective when manufactured or that the product’s manufacturer know of harmful risks associated with the product and failed to warn potential consumers. In cases of wrongful death, the victim’s family must prove that their loved one’s death was cased by using the product. There may also be wrongful death cases where the company failed to warn consumers of dangers associated with using the product, or, in cases of medical drugs or devices, the doctor failed to warn the victim of potential risks. Other potential claims in defective product cases include fraud, negligence and/or breach of warranty. It is important to discuss your case with an attorney prior to defective product litigation.

If you or a love one has been seriously injured from a defective product, time is of the essence to preserve the evidence and you should contact an experienced product liability attorney that can help you seek justice in the most efficient manner possible. Please contact our office anytime for a free consultation or visit our website: www.TexasJusticeForAll.com.

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General Compound Bows Recalled By BowTech Archery For Unexpected Breaks

February 19, 2009

The U.S. Consumer Product Safety Commission, in cooperation with BowTech Archery of Eugene, Oregon, today announced a voluntary recall of The General Compound Bows. Consumers should stop using recalled products immediately unless otherwise instructed.

 

The ends of the bow’s limbs can unexpectedly break during use and send fragments of the bow in the direction of the user or bystanders, posing a risk of injury.

 

To date, there have been 255 reports of the bow’s limbs breaking, including 11 reports of lacerations, abrasions, or contusions when pieces from the breaking bow struck the user.

 

Specifically, this recall involves approximately 8,000 of the “The General” compound bows hunting and target models with draw weights of 60 and 70 pounds that do not have a collet (see illustration below) in the limb. The bows measure about 31 inches long and have draw lengths of 26-30 inches. Hunting models were sold in real tree and mossy oak camouflage patterns. Target models were sold in gray, black, and wood-grain. The bows have laminated wood grips engraved with the word “BowTech” and a label with “The General” on the center pivot point of the bottom limb.

 

This product was sold at authorized BowTech Dealers nationwide from September 2007 through July 2008 for about $800.

 

Consumers should immediately stop using the recalled bows and contact their dealer to schedule a free repair. For more information, contact BowTech Archery at (888) 689-1289 anytime or visit the company’s Web site at www.bowtecharchery.com.

 

If you or a loved one has been injured by this defective product or any other defective product, it is imperative for you to contact an experienced defective products attorney, who will make sure that any negligent manufacturers are held accountable for any injuries caused from defective products and that you or loved one are fairly compensated for any injuries.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Evenflo Activity Centers For Children Recalled Due To Falling Hazard From Defective Leg

February 18, 2009

The U.S. Consumer Product Safety Commission, in cooperation with Evenflo Co. Inc. Of Miamisburg, Ohio, today announced a voluntary recall of the Evenflo Activity Centers. Consumers should stop using recalled products immediately unless otherwise instructed.

When used as an activity table, the cap on one end of the product can loosen and fall off, posing a fall hazard to a young child. To date, Evenflo has received 11 reports of dislodged end caps which resulted in nine minor injuries, including bumps and bruises. Additionally, Evenflo has received a report of a dislodged end cap that resulted in a child suffering a broken collarbone in Canada.

The recall involves approximately 213,000 units of the Evenflo ExerSaucer Triple Fun stationary activity centers made between October 2006 and December 2008. The model number is 6231711. Stage 3 position involves converting the product into an activity table. No other ExerSaucer models use end caps and, therefore, no other models are included in this recall.

This item is sold at juvenile product and mass merchandise stores nationwide, including Toys ‘R Us and Burlington Baby Depot. This items was sold to consumers from October 2006 through February 2009 for about $120.

Consumers should immediately stop using the activity table in Stage 3 and contact Evenflo to receive a free replacement end cap. The product may continue to be used in Stages 1 and 2 without any changes.

If you or a loved one has been injured by this defective product or any other defective product, it is imperative for you to contact an experienced defective products attorney, who will make sure that any negligent manufacturers are held accountable for any injuries caused from defective products and that you or loved one are fairly compensated for any injuries.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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3 Deaths Nationwide From Peanut Butter Tainted With Salmonella

January 15, 2009

Three deaths associated with a nationwide salmonella outbreak occurred in Virginia and Minnesota, officials for the U.S. Centers for Disease Control (CDC) have confirmed. According to this Associated Press, health officials are urging nursing homes, hospitals, universities and restaurants to throw out specific five-pound containers of King Nut peanut butter that has been linked to the salmonella outbreak, which has now sickened more than 400 people in 42 states. Texas has the third highest number of afflicted people with 39 victims now. However, no deaths have been reported yet in Texas.

The contaminated peanut butter was apparently not supplied to retailers. However, it was distributed to nursing homes, schools, universities and restaurants. Officials fear that hundreds of illnesses and these three deaths were caused by the salmonella-tainted peanut butter. Officials had earlier found a match between samples from a King Nut container and the strains of salmonella bacteria making people sick across the country. King Nut has also recalled its King Nut and Parnell’s Pride brands with a lot code that begins with the number “8.” CDC officials say the salmonella bacteria in the current outbreak have been genetically fingerprinted as the Typhimurium type.

As each day goes by, it is becoming increasingly clear that the contaminated peanut butter triggered this horrible salmonella outbreak. With food-borne illnesses, there could also be cross-contamination, which helps spread the illness even further. For example, if a knife that was used in the tainted peanut butter is also used in some other food, then that food becomes contaminated as well.

This salmonella scare is getting more widespread and extremely serious. I’m deeply concerned because this peanut butter, which was not sold through retail outlets, was distributed to schools and nursing homes where it can really affect the young and the elderly who may have already consumed the contaminated peanut butter. Young children and seniors are the most vulnerable to salmonella poisoning, which triggers extremely severe symptoms such as diarrhea, vomiting and fever. In cases where there is severe infection, as we see currently in Virginia and Minnesota, salmonella poisoning could become fatal.

If you have any questions about this peanut butter recall, please contact us. Through our experience, the attorneys at the Humphreys & Peterson Law Firm have built a strong track record of helping injury victims in Texas in their pursuit of justice and will assist each and every client in obtaining fair compensation for serious injuries sustained from defective products. The Humphreys & Peterson Law Firm is dedicated to providing quality service and personal attention to each and every one of our clients.

Our firm has experience in the area of food bourne illnesses. If you have been afflicted with salmonella infection as a result of this recalled, contaminated peanut butter, or by any other defective product in Texas, call us toll free at (866) 259-0661, email us at Scott@TexasJusticeForAll.com, or visit our website at http://www.TexasJusticeForAll.com. The Humphreys & Peterson Law Firm is here to answer your questions, explain your legal rights, and help you pursue justice.

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Kellogg’s Peanut Butter Crackers Removed From Store Shelves in Voluntary Recall

January 15, 2009

The US Food & Drug Administration (FDA) in accordance with The
Kellogg Company, today announced it has taken the precautionary measure of putting an immediate hold on Austin and Keebler branded Toasted Peanut Butter Sandwich Crackers, Peanut Butter and Jelly Sandwich Crackers, Cheese and Peanut Butter Sandwich Crackers, and Peanut Butter-Chocolate Sandwich Crackers.

FDA and other regulatory agencies have indicated that Peanut Corporation of America (PCA) is the focus of their investigation concerning a recent Salmonella outbreak thought to be caused by tainted peanut butter. PCA is one of several peanut paste suppliers that the company uses in its Austin and Keebler branded peanut butter sandwich crackers.

Kellogg Company’s investigation has not indicated any concerns, nor has the Company received any consumer illness complaints about these products.

Nonetheless, Kellogg Company is taking precautionary measures including putting a hold on any inventory in its control, removing product from retail store shelves, and encouraging customers and consumers to hold and not eat these products until regulatory officials complete their investigation of PCA and Kellogg provides further information as to the resolution of this issue.

While no additional consumer action is necessary at this time, consumers with questions or who would like a product refund can call the Kellogg Consumer Response Center at 888-314-2060.

As an attorney who advocates on behalf of injured and wronged consumers, it is nice to see when the government and corporations set the initiative that consumer health and safety is the top priority. The voluntary actions of Kellogg’s should be applauded since it is doing this out of an abundance of caution. I wish more corporations would take such drastic precautionary measures as this corporation has done.

If you or a loved one has been injured by any defective product, it is imperative for you to contact an experienced Texas Product Liability Attorney, who will make sure that any negligent manufacturers are held accountable for any injuries caused from defective products and that you are fairly compensated for your injuries.

Through our experience, the attorneys at the Humphreys & Peterson Law Firm have built a strong track record of helping injury victims in Texas in their pursuit of justice and will assist each and every client in obtaining fair compensation for serious injuries sustained from defective products. The Humphreys & Peterson Law Firm is dedicated to providing quality service and personal attention to each and every one of our clients.

If you, a family member, or a friend has been injured by a defective product in Texas, call us toll free at (866) 259-0661, email us at Scott@TexasJusticeForAll.com, or visit our website at http://www.TexasJusticeForAll.com. The Humphreys & Peterson Law Firm is here to answer your questions, explain your legal rights, and help you pursue justice.