Portable Generators Recalled Due to Fire Hazard

This is the season for portable generators in Pennsylvania.

But anybody who owns or uses one should check to make sure it isn’t a Champion Power model, which can leak fuel and explode into flames.

On November 2, the U.S. Consumer Product Safety Commission announced a nationwide voluntary recall of close to 9,000 portable generators made by Champion Power Equipment.

Fuel can leak from the generator’s carburetor, creating a fire hazard. There have been 11 reported cases of leakage, including eight fires and two incidents of property damage.

Portable generator usage soared in the wake of Hurricane Sandy – as did awareness of their potential dangers. To date there have been four reported deaths due to carbon monoxide poisoning from portable generators, although it is uncertain that the generators in those cases were the recalled Champion models.

The Champion Power Equipment recall involves two models of portable generators sold at Costco Wholesale stores nationwide between December 2011 and July 2012 for about $699. […]

Air Bag Malfunction Prompts Ford Fiesta Recall

Ford recalls 150,000+ Fiesta models due to added danger caused by air bag deployment error

Ford is recalling more than 150,000 of its popular Fiesta subcompacts because the passenger side air bag does not work properly.

Air bags are one of the most important safety features in cars.

Ford says it is unaware of any crashes that have resulted from this defect, according to the Detroit Free Press.

The Pennsylvania injury lawyers at Munley, Munley & Cartwright represent victims in personal injury litigation, including those injured in accidents caused by auto defects. We are here to answer your questions and concerns. Call us toll-free at 877-763-2343 or use our online contact form.

According to the recall notice posted with the National Highway Traffic Safety Administration:

“The passenger side curtain air bag will not deploy in the event of a side impact collision when the front passenger seat is empty. […]

CPSC Reports “Button Battery” Injuries Increasing

Earlier this year we presented information regarding the dangers of children swallowing “button batteries.”  Now, according to a new report from the U.S. Consumer Product Safety Commission (CPSC), the number of children injured by batteries is growing.  Since 1998 the number of children treated for ingesting the batteries has increased 2.5-fold, from 1,900 in 1998 to 4,800 in 2010.  Thirteen children died from ingesting batteries from 2002 to 2010, compared to one in 1998.

The CPSC analyzed data from the National Electronic Injury Surveillance System. The researchers found an estimated 40,400 children younger than 13-years-old were treated in hospital emergency departments for battery-related injuries, including confirmed or possible battery ingestions, between 1997 and 2010. Nearly three quarters of the injuries involved children less than 4-years-old.

The CPSC urges the electronics industry and battery manufacturers to develop warnings and industry standards to prevent serious injuries and deaths from button batteries.  […]

Tire Blowout Injures Seven in Pennsylvania Car Accident

A two-vehicle crash last week on the Northeast Extension of the turnpike in Moosic, PA, resulted in injuries to seven people and left traffic tied up for more than an hour. A woman was driving in the left northbound lane of Interstate 476 near mile marker 119, when the car’s rear driver’s side tire blew out, according to news reports.

The driver lost control of the vehicle and it traveled into the right lane where it struck the rear of a minivan carrying seven occupants. The minivan rolled onto the passenger side and came to rest on a concrete barrier.  Police cited tire failure as the cause of the accident, and no charges were filed in the accident.

TireSafety.com, a website dedicated to educating the public about proper tire maintenance sponsored by Bridgestone, reports that under inflation is the leading cause of tire failure. […]

Ford and Toyota Issue Recalls

Ford Motor Company and Toyota Motor Sales have both issued recalls for vehicles.  Toyota issued a voluntary safety recall involving 2006 to early 2011 model year RAV4 and 2010 model year Lexus HS 250h vehicles sold in the U.S.  Ford’s recall is for its 2013 Escape SUVs.

Toyota Recall

Toyota reports in its press release of the recall:

“Toyota has determined if the nuts on the rear suspension arm are not tightened following the proper procedure and torque specification during a rear wheel alignment service, excessive play may occur at the threaded portion of the arm, followed by rust formation.  If this were to occur, the threaded portion of the rear suspension arm may wear and cause the arm to separate.”

 The National Highway Traffic Safety Administration (NHTSA) notes that failure of the rear tire rod could cause a loss of vehicle control, […]

CPSC Sues Buckyballs Maker to Pull the Dangerous Toys From the Market

We have reported on the warnings issued by both the U.S. Consumer Product Safety Commission (CPSC) and by health advocates in the UK regarding children ingesting Buckyballs, a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy.

When multiple magnets are swallowed, they often adhere through the intestines or bowel causing obstructions and/or tears in the intestinal lining.  Immediate surgery is necessary to prevent further damage and to remove the magnets and repair the damage.

Since the CPSC issued the warning in November, however, it has received over one dozen reports of children ingesting the magnets, many of which required surgical intervention. Now, the CPSC has filed an administrative complaint against Maxfield & Oberton Holdings LLC, the toymakers, “alleging that Buckyballs and Buckycubes contain a defect in the design, packaging, warnings, and instructions, which pose a substantial risk of injury to the public.”

While Maxfield & […]

Parents Urged to Keep Laundry Pods Away from Children

Once again, manufacturers of a product intended for use by adults have packaged a product in a way that appeals to children, leading to injury. We previously reported on Buckyballs, an adult stress-relieving toy that is made of small magnets, that appeals to young children who swallow the magnets, requiring surgery.  Now, ABC News reports that children are mistaking the new single-dose laundry detergent packets, such as Tide Pods, for candy.

An 18-month-old child had to be rushed to the emergency room with severe nausea, vomiting and diarrhea after he swallowed a pod believing it to be candy.  Five months later, according to ABC News, nearly 1,200 children have been treated for swallowing laundry detergent, and eleven of them are critically ill on ventilators.  The new laundry packets were first introduced in February.

The American Association of Poison Control Centers (AAPCC) issued a warning on May 17 “urging the public, […]

Small magnets pose risk to children if ingested

We previously published an article warning parents of the health hazards posed to children by Buckyballs, a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy.  Now, the dangers of small magnets are in the headlines again after an article in the Lancet reports two cases of children being injured after swallowing the small magnets in the U.K.

The authors were particularly concerned of the swallowing incidences, one by an 18-month-old and the other by an 8-year-old, since they both happened within the last 18 months and no other cases had occurred in the UK.  The 18-month old swallowed ten small, round magnets.  The older child swallowed two 2-cm long magnetic strips.  Both children had to have the magnets surgically removed, and both made a full recovery.  Although the US and Canadian governments have both issued health warnings regarding small magnets, […]

CDC Lowers Amount of Lead Considered Toxic in Children

CDC lowers toxicity level of lead by 50 percent

Our Pennsylvania product liability attorneys have reported on numerous occasions about the dangers posed to children from every-day products – including batteries and magnets.  While both of these pose swallowing hazards to children, some toys have been shown to contain lead which can lead to lead poisoning.

The U.S. Environmental Protection Agency reports that excess lead exposure affects the nervous system and can cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. The EPA reports that children six years old and younger are most at risk. Some of the adverse affects from lead exposure include: damage to the brain and nervous system; behavior and learning problems, such as hyperactivity; slowed growth; hearing problems; headaches; anemia; and in rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death. […]

Parents Urged to Keep Button Batteries Out of Kids’ Reach

In March we published an article regarding the choking hazards posed to children that swallow “Buckyballs,” or small, round magnets from an adult stress-relieving desk toy.  Now, health officials are targeting a new choking hazard for children – “button batteries.”

“Button batteries” are common, coin-sized batteries that are found throughout the house.  These batteries are found in electronic games and toys, flashlights, calculators, remote controls, key fobs and even in electronic greeting cards.  Unfortunately, children find the small, shiny objects appealing and are swallowing the batteries, holding them in their mouths, or inserting them in their ear canal or nasal cavity.

According to a study by the Center for Injury Research and Policy, an estimated 65,788 patients under 18-years-old have visited a hospital emergency room due to a battery-related exposure incident between 1990 and 2009.  That equates to nearly 3,289 battery-related emergency room visits annually.

An article in Reuters Health reports that the batteries can become lodged in a child’s esophagus and push against its walls. […]

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.  The family of the second man who died in the accident previously settled their lawsuit. […]

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, […]

Mitsubishi Faces Wrongful Death Suit After Rollover Crash

The parents of a 17-year-old boy who was killed in 2009 when the 2000 Mitsubishi Montero in which he was riding rolled over has filed a wrongful death suit against the automaker, reports The Salem News.

The Ipswich, MA, teen and a 16-year-old girl were thrown from the back seat when the young driver who was unfamiliar with the road, lost control and rolled over on a curve just north of Route 60 in Revere.  Both were killed.

The lawsuit claims the “unreasonably dangerous” design of the Montero is to blame and that Mitsubishi Motors North America is liable.  This lawsuit adds to the already numerous ones around the country filed against Mitsubishi which alleges the SUV is top heavy – thus making it more likely to roll – and the manufacturer should have put an electronic stability control on all of its models.  Claims of seat belts coming undone under stress and that the roof and pillars were more likely to collapse on Mitsubishi that on other vehicles have also been noted. […]

$1.36 Million Award Over Asbestos in Cigarette Filters

Man develops asbestos-related cancer from “healthier” cigarette filters produced in the 50’s

In a rare victory against the Lorillard Company and its “Micronite” cigarette filters, a San Francisco jury has awarded $1.36 million to an ex-smoker who claims he developed a form of cancer from the filters on Kent cigarettes in the 50s, reports FairWarning.

Lorillard produced its “Micronite” filter for Kent cigarettes from 1952 to 1956 claiming it was the “greatest health protection in cigarette history” because it removed more tar and nicotine than the competitor’s filters.  It was later disclosed the Micronite tip contained highly toxic crocidolite – “African blue” – asbestos.

The 73-year-old terminally ill man was diagnosed with mesothelioma, an asbestos-related cancer, in 2009 and had a lung removed last year.  The jury found he smoked Kents when they had the Micronite filter containing asbestos in the 50s and that both Lorillard and Hollingsworth & […]

Retailer Sued after Child Dies in Defective Crib

An Omaha retailer, Hayneedle, Inc., is being sued by the parents of a 1-year-old boy who was allegedly asphyxiated in a defective crib accident, reports BostonHerald.com.

Hayneedle operated as Netshops Inc. at the time of the child’s death in 2008.  The child was in a Simplicity Ellis Deluxe 4-in-1 Convertible Sleep System crib when he got trapped between the crib’s mattress and the frame.  He died at Sturdy Memorial Hospital in Attleboro on January 30, 2008.

The lawsuit alleges Hayneedle was grossly negligent in failing to warn them about the crib’s dangerous and defective characteristics, and of the proper method of assembling, using and maintaining the crib.

This death was a key factor in prompting the U.S. Consumer Product Safety Commission (CPSC) to recall full-size Simplicity cribs with tubular metal mattress-support frames in April.  This construction poses a risk of serious injury or death due to entrapment, […]

GlaxoSmithKline Sets Aside $3.4 Billion For Avandia Suits

GlaxoSmithKline will put aside $3.4 billion to pay for additional product liability charges over its drug Avandia.

Testing Reveals Hexavalent Chromium Present In Water Supply Of 31 Out Of 35 U.S. Cities

The Environmental Working Group (EWG) has released a report which indicates that the tap water in 31 out of 35 cities contains hexavalent chromium, a known carcinogen or cancer-causing agent. This means that millions of residents in the U.S. are being exposed to the toxic chemical that was made famous in the 2000 movie “Erin Brockovich.”

Of the 35 cities whose tap water was tested, the highest concentrations were found in Honolulu (HI), Norman (OK), and Riverside (CA). Other heavily populated cities such as Chicago (IL), Los Angeles (CA), Miami (FL), and Phoenix (AZ) were also included in the list, according to news reports.

For many decades, hexavalent chromium was a widely used industrial chemical and has evidently leached its way into the water supply of 31 out of 35 cities that were tested throughout the US. Bethesda (MD) and Washington, D.C. were also on the list of cities where the chemical is showing up. […]