product liability

November 27, 2015

Popular “Hoverboards” May Be Dangerous

Every year, around the holiday season, a new product will hit the market, and it becomes a must-have for families across the county. This year, many think the so-called “hoverboard” will be that product.

First, it should be noted, these hoverboards do not hover by any stretch of the imagination. Most people associate the hoverboard with the fictional product Marty McFly used in Back to the Future II. This was the pink skateboard without wheels manufactured by Mattel in the movie. It allowed him to hover over the ground and ride on any surface other than water. Continue reading

August 5, 2015

Gluten Free Chicken Recalled – Food Poisoning Scare

by Jeffrey S. Glassman

These days, it is nearly impossible to walk down any aisle in the supermarket without seeing a product prominently labeled as being gluten free. This is because avoiding gluten is the lastest dieting/healthy-eating craze that is sweeping the nation.

For those that are not familiar with gluten, it is a protein compound found in wheat and other similar grains, such as rye and barley. Gluten is important in many baked goods, as it gives the elastic properties to dough and helps it rise. It also gives food a chewy texture that most people enjoy. Gluten is also an important source of protein for much or the world’s population and is added to a variety of foods. Continue reading

August 2, 2015

Chrysler Ordered to Pay Highest Fine Ever For Recall Issues

by Jeffrey S. Glassman

According to a recent news article from WSAV, the Fiat Chrysler Corporation was just ordered to pay a $105 million fine, based upon the results of a National Highway Traffic Safety Administration (NHTSA) investigation into how the company handled the recall of possibly dangerous automobiles.

According to the consent order, all parties agreed there was an issue as to how 23 separate recalls involving around 11 million potentially dangerous cars, trucks, and SUVs were handled. The citation that the carmaker agreed to accept was based on various claims that the company did not act quickly enough in notifying dealers and customers of the potential defects and in getting the recall process underway. Continue reading

June 23, 2015

Robotic Hip Surgery Purports to be Safer, Some Evidence Suggests Otherwise

by Jeffrey S. Glassman

In Minnesota, a local news article touted a new robotic surgery for total hip replacements at a nearby hospital. The article noted surgeons were relying less on the imperfect human eye and fallible human hand and instead leaning on the precision of robots.

The latest investment for the local surgical center costs millions of dollars. It’s an arm-assisted system, and promises to “take the guesswork” out of placement of hip replacement implants, allowing patients to receive fits that are customized. It’s one of two surgical centers in that state to use the robotic arm system, which was manufactured by Stryker – the same company at the center of hip replacement and knee replacement litigation for defective products.

Approximately 400 to 550 hip replacements are done at this surgical center alone each year. The hope is to reduce the number of additional surgeries sometimes needed to correct improper placement of hip replacements, which is largely attributed to “eyeballing techniques” used by surgeons to get the parts in the right place.

March 22, 2015

Graco to Pay $10 Million to Settle Defective Car Seat Claims

by Jeffrey S. Glassman

According to a recent news report from the New York Times, Graco has agreed to pay $10 million to settle a lawsuit alleging defendant took too long to settle claims that it failed to act quickly to recall 4 million defective car seats.

Plaintiffs alleged defendant’s car seats were manufactured with a defective buckle, making it hard for first responders and parents to free a child in the event of an emergency, and federal regulators confirmed the problem.

The National Highway Traffic Safety Administration (NHTSA) stated defendant would pay $3 million to plaintiffs and spend an additional $7 million to develop safety programs to prevent future injuries to children. Defendant was not required to accept liability as part of the settlement and has continued to allege any problem with the buckles was only caused by children spilling food and beverages on them.
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February 17, 2015

Boston Toy Injuries: 40 Percent Increase in 22 Years

by Jeffrey S. Glassman

The number of toy-related injuries in the U.S. has spiked by a stunning 40 percent over the past 25 years, and researchers say that’s likely a low-ball estimate.

According to a new study published by the journal Clinical Pediatrics, over 3 million children were treated in hospital emergency departments between 1990 and 2011. But what’s especially troubling is the fact the rate at which injuries occurred increased steadily during that time.

Today, a child is treated in a hospital emergency room every three minutes for a toy-related injury. Of those, more than half are younger than the age of six.
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February 15, 2015

2014 Had Highest Auto Recall Numbers in U.S. History

by Jeffrey S. Glassman

With the recent announcement by the National Highway Traffic Safety Administration that another 2.1 million vehicles are recalled due to faulty crash sensors that could result in sudden and unnecessary airbag deployment, we see a continuation of what was an especially awful year for the auto industry – and consumers.

Reports are that 2014 was a record year for auto recalls in the U.S., with 60 million vehicles recalled between Jan. 1 and Dec. 30. That is more than twice as many as the previous annual record number of recalls, which was set in 2004.

With a total of 700 vehicle recall announcements last year, it averaged out to about two every day, with one in five vehicles on the road affected.
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November 25, 2014

Protect Boston Kids from Defective Toys During Holidays

by Jeffrey S. Glassman

With the shopping holiday season underway, this is the time of year when many children throughout the Boston area will begin to receive gifts.

Toys are a common present for children, and often kids cannot wait to start playing. Before parents allow kids to enjoy their new toys, however, it is very important to make sure the items the children receive have not been subject to a recall.

A defective or dangerous toy could cause your child to suffer serious injury or even to become sick. While the Consumer Product Safety Commission has made a strong effort to keep unsafe products off store shelves, some toys with health risks slip through the cracks and end up being sold on store shelves. When this happens and your child is hurt or killed due to a defective product, it is important to consult with a Boston defective product lawyer for assistance.
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November 22, 2014

Massive Stroller Recall Due to Infant Fingertip Amputations

by Jeffrey S. Glassman

Around five million baby strollers manufactured by Graco have been recalled because there is a risk the strollers will amputate a user’s fingers. The recall affects 11 different models of Graco strollers that were made between August 2000 and September of 2014.

A Boston defective product lawyer knows when products are recalled, those who sell and own the defective items frequently do not receive proper notification. As a result, the dangerous product could remain in homes and on store shelves. Here, this means stroller owners could continue to be put at risk of serious injuries for a long time to come.
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November 10, 2014

In Kenser v. Premium Nail Concepts, Inc.: Products Liability involving Nail Salon Chemicals

by Jeffrey S. Glassman

Some occupations involve working with hazardous chemicals on a daily basis. In Kenser v. Premium Nail Concepts, Inc., a case from the Montana Supreme Court, plaintiff operated a nail salon from 1998 to 2009. In 1999, she began using a liquid nail product that was repackaged and distributed by defendant.

In 2008, plaintiff developed painful boils on her face, rashes, and had trouble breathing. She filed a workers compensation claim, and the commission’s doctor diagnosed her with ethyl methacrylate (EMA) sensitivity. EMA is an ingredient in the liquid nail product sold by defendant.

Plaintiff learned about defendant’s product at a trade show in 1999. She chose to use it exclusively in her shop. When making an acrylic nail, nail salon workers mix defendant’s powder with their liquid product and apply it to client’s nail with a brush. After the acrylic is dry, the worker files it and shapes it before applying nail polish. It is common for workers to get the product on their own hands during the process. Workers are also exposed to fumes and dust during the process.
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