SOUND Devices Act Closes Product Liability Loophole

Scranton, PA, February 23, 2012 – Pennsylvania product liability lawyer Caroline Munley today called for passage of a bill that would enable the U.S. Food and Drug Administration to reject medical devices that are modeled after devices already known to be flawed.

“The SOUND Devices Act closes a loophole that allows medical device manufacturers to basically skirt the FDA approval process,” said Munley, a partner in the regional law firm of Munley, Munley & Cartwright, whose Pennsylvania product liability attorneys represent consumers and patients who are harmed by defective products, including flawed medical devices.

“A process that avoids scrutiny is wrong and should be unnecessary,” Munley said. “Every new medical device submitted for approval for the American marketplace should be able to stand on its own merits.”

The Safety Of Untested and New Devices Act of 2012 (SOUND Devices Act) eliminates a loophole in the Food and Drug Administration’s device-approval process known as section 510(k), […]

“Buckyballs” Magnets Pose Serious Risks to Young Children

Buckyballs magnets pose dangerous swallow hazard for young children

After learning that a 3-year-old child suffered from tears in her lower intestine and stomach after swallowing 37 Buckyballs, the company is once again warning consumers that the magnets are not toys.   The Buckyballs magnets were voluntarily recalled by the company in May 2010 after the U.S. Consumer Product Safety Commission (CPSC) warned of a swallowing hazard to young children.

The Los Angeles Times reported yesterday that the Oregon child underwent surgery to remove the magnets that had snapped together inside her stomach, resembling a bracelet.  She is expected to recover.  Last year, a sixth-grader in California underwent surgery after swallowing eight of the magnets.

Buckyballs are a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy.  However, a serious danger is raised when a child swallows more than one magnet. […]

Gas Furnaces Recalled Over Fire Hazard

The U.S. Consumer Product Safety Commission (CPSC), along with Health Canada, announced the recall of nearly 226,000 home furnaces. The furnaces are manufactured by Unitary Products Group (UPG) of York International Corp of York, Pennsylvania, and have been linked to home fires.

York issued a voluntary recall after reporting that the potential exists for the furnaces to overheat and cause the heat-exchanger to crack and create openings that allow flames to be exposed. This poses a fire and smoke hazard to consumers.

The same furnaces had previously been recalled in 2004 when the company received 27 reports of fires. As of the recall announced Feb. 3, the company had received nearly 400 reports of related incidents.  Although no injuries have been reported, extensive property damage has been reported.

The recall involves Coleman, Coleman Evcon and Red T brand furnaces.  […]

Ford Motor Company Found Negligent in $73 Million Lawsuit

The Sacramento Bee reports a Sacramento Superior Court jury found Ford Motor Company negligent in informing dealers and owners of defective tires on their E-350 Econoline van, and they must pay $73 million for a crash that killed two people and injured two.

The accident happened more than seven years ago in Kern County, CA after the tread on the rear right tire separated causing the van to skid off I-5 flipping at least four times.  Goodyear Tire and Rubber Company, who settled out of court, had contacted Ford alerting them of the tire defect.  Ford did not distribute that information to their dealers or customers.

The auto company must pay $50 million in punitive damages to the families in the suit.  The remaining amount in damages was distributed to the family of a man who died in the accident, and the two others injured.  […]

Woman Who Lost Arm To Receive $8.8 Million

In 2004, a 16-year-old girl got the pocket of her coat caught on a bolt protruding from the drive shaft of an auger-like post-hole digger operated by her stepfather.  Her arm wrapped around the auger resulting in the loss of her arm.

A New York jury hearing the case in State Supreme Court decided the manufacturer of the digger, Ford New Holland (now known as Case New Holland) sold a defective product and awarded the now 21-year-old girl $8.8 million.  The jury placed 35% of the blame on Case New Holland and 30% each on Peter A Smith, the owner of the digger and the person who loaned the digger to the stepfather, and on SMC Corp. from Sioux Fall, S.D., the company who assembled the digger.

The bolt that caught on the girl’s coat was supposed to be covered by a shield, but the shield broke and was removed by Smith, […]