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. […]

Choking Hazard Causes American Eagle To Recall Toddler Girl’s Pants And Shorts

Clasp on the clothing can become detached and cause a choking hazard

According to Norwalkplus.com, clothing manufacturer American Eagle Outfitters has voluntarily recalled 1,200 pants and shorts for toddler girls due to the possibility of a choking hazard.

According to the Department of Consumer Protection, the Pittsburgh, PA-based clothing company and the U.S. Consumer Product Safety Commission announced the voluntary recall of several different girls’ clothing items.

Included in the recall were a variety of styles of jeans, pants, and shorts that have a metal clasp mounted at the waistline of the items. It is possible that the clasp can become detached from the waistline of the item and pose a choking hazard for toddler girls. Consumers have been urged to stop dressing their children in these items immediately and return them to the retailer.

American Eagle sold the items through www.77kids.com and their retail stores during the months of July and August 2010. […]

Toyota Set To Recall Sienna Mini-Vans Due To Possible Brake Failure

As if Toyota has not had its share of recall woes in recent months, the company is poised to announce another vehicle recall in January.

According to Reuters, Sienna mini-van owners are to be notified that there is a defect in the brake system that could reduce the vehicle’s ability to stop safely. Some 110,000 Sienna mini-vans will be involved in the recall, 92,000 of which are here in the U.S. The issue apparently involves the use of the parking brake which could damage the overall braking system.

According to Toyota officials, there have not been any accidents or injuries to date associated with this brake issue. However, a brake system failure is a critical issue and can result in fatalities for drivers of the vehicle and passengers.

The braking problem was supposedly corrected when Toyota installed differently designed parts on all Siennas that were manufactured after this past November 5. […]

New Jersey Man Receives $2 Million in Yamaha Snowmobile Accident

The Daily Record reports a Sparta man will receive $2 million from Yamaha following a snowmobile accident.  The judge added $900,000 to the $1.1 million award from the jury.

In February of 2005, when the now 61-year-old man borrowed his friend’s 1995 Yamaha VX600V-R snowmobile, the engine started to hesitate.  While he and another friend lifted the rear of the snowmobile, the owner revved the engine with the throttle in an effort to clear the spark plugs.  The metal track broke and shot out of the rear of the snowmobile and ripped through the victim’s right leg.

Efforts to save the 75 percent severed leg were not successful, and the man’s leg was amputated above the knee a few days after the accident.

In the product liability trial, the jury awarded $1,107,000 for pain and suffering, economic losses, and medical expenses.  The man’s attorney filed a motion for an “additur” with the judge which was granted and raised the award another $900,000. […]

Escalator Injury Involving Crocs Leads to Multimillion-Dollar Lawsuit

According to Knoxnews.com, the father of a 4-year-old girl whose foot was mangled in an escalator because she was wearing the popular shoe by Crocs, Inc. has settled his multimillion-dollar lawsuit against the company.

In 2006, the Colorado-based company began receiving complaints from parents over the rubber shoes and related escalator injuries.  Studies have shown Crocs and their imitators “appear to be prone to entrapment when pressed against the (side) skirt guard of step riser while standing on the yellow line of an escalator.”  Children are at greater risk because their shoes are smaller and thinner.

To the lawsuit was attached a letter by Crocs stating it intended to place warning tags on its shoes by Christmas 2006.  It didn’t.  Since that time there have been hundreds of accidents which may have been avoided had the warning been put on the shoes.

Injuries range from a bloody sock to severed toes. […]

Graco Drop Side Cribs Recalled Due to Entrapment and Suffocation Hazards

The U.S. Consumer Product Safety Commission (CPSC) and LaJobi announced a voluntary recall of 217,000 Graco®-branded drop side cribs. The recall includes Graco drop side wood cribs sold throughout the United States from February 2007 through March 2010. Owners of these cribs should stop using any of the recalled products immediately.

When a product is not safe and fails to contain an adequate warning, and you or a family member suffers personal injury, or death, as a result of these defects, you may be entitled to legal relief. You should be able to trust that the product you are using is safe and that you have been given proper warning of any risks the product poses.  At Munley, Munley & Cartwright we understand the complexity of product liability laws and the challenge of proving a case, and we can help you get the compensation you deserve.

The recall has been made due to the hazards posed to an infant or toddler in the crib if the drop side hardware breaks or fails resulting in the drop side detaching from the crib. […]

Family of City Worker Killed In Mower Accident Settles Lawsuit

A confidential last-minute settlement has been reached in the lawsuit brought by the family of a city Parks Department employee who was killed in 2003 by a runaway lawnmower, reports the Telegram & Gazette of Worcester, Mass.

Industrial and agricultural accidents can occur for a variety of reasons. One of the leading causes, however, is a manufacturing or design defect that makes heavy machinery dangerous to users. You should be able to trust that the product you are using is safe and that you have been given proper warning of any risks the product poses.  At Munley Law we understand the complexity of product liability laws and the challenge of proving a case, and we can help you get the compensation you deserve.

The 54-year-old man died from injuries he sustained when he was run over by a 6,000 lb. large capacity mower as it rolled down a hill.  […]

RVs and Fire Safety

Recreational vehicles or “RVs” are a fun way to travel and are used by thousands vacationers each year. Vacation is usually the last time you expect to have a disaster, and therefore, it is unsurprising that many RV owners are unprepared when an RV fire occurs.

News stories about RV fires are not uncommon. One 2009 article tells the story of an Arizona couple that was lucky enough to escape from their RV after it caught fire. According to the victims, a fired consumed the RV in a matter of seconds, and they remarked that it was “a miracle we got out of there alive.” Once an RV fire starts, it is difficult to put it out.

A number of product defects can potentially cause fires in RVs. Leaks in radiator hoses or other liquids spill onto hot engine parts and ignite. […]

Braking Override Rules Needed?

Toyota’s massive recall due to random acceleration issues begs question of potential brake override system

Automobiles, like many consumer products, are regulated by state and federal laws.  Since 1970, the National Highway Traffic Safety Administration (NHTSA) has been responsible for finding ways to reduce injuries and deaths related to automobile accidents.  The NHTSA uses a variety of methods to improve automobile safety; one of its most important activities is creating and enforcing standards for automobile safety and equipment.

The NHTSA acts a watchdog and ensures that companies produce safe and reliable motor vehicles.  Toyota’s recent motor vehicle recall is one example of when the NHTSA must be involved in an automobile safety concern.

Since 2006, Toyota drivers have been reporting a problem with spontaneous and random acceleration.  In addition, high profile news reports  about drivers who were unable to control their vehicles were released.  […]

Abbott Recalls Similac Powder Baby Formula

2022 Update: Abbott Nutrition recently issued another recall for one lot of its Similac PM 60/40 powdered infant formula after another report surfaced of a dangerous bacterial infection. Earlier in February, the baby formula company issued voluntary recalls of Similac, Alimentum and EleCare formulas after four infants were hospitalized with bacterial infections.

According to the U.S. Food and Drug Administration, the bacteria, Cronobacter sakazakii, causes a severe, life-threatening infection to the membranes that protect the brain and spine. It may also cause bowel damage. That bacteria may spread through the blood to other parts of the body.

Symptoms include:

• Fever
• Poor feeding
• Excessive crying
• low energy

The recall is for products that came from the Sturgis, Michigan, plant. It does not include any metabolic deficiency nutrition formulas.

The FDA advises not use the Similac, […]

Claim of Defective Seats Brings Wrongful Death Lawsuit Against Honda

Lawsuit claims Honda car allowed ejection of passenger who was wearing seatbelt in wrongful death case

A lawsuit has been filed in Texas against Honda Motor Co., Ltd. by the parents of a young woman who died in her 2005 Honda Civic in April of this year, reports the Southeast Texas Record.

The young woman died when she lost control of her car and skidded off the rain slick road. She hit several trees and even though she was wearing a seatbelt, she was killed when her seat collapsed and she was thrown into the back seat.

When you or a loved one gets behind the wheel of a vehicle, you should be able to count on the fact that it has been safely designed and is free from flaws that could result in serious injury, or even death.  At Munley, Munley & Cartwright we have successfully handled cases involving injury or death caused by alleged defects such as automobiles, […]

$1.5 Million Awarded for Post-Surgery Injury Caused by Hernia Patch

Defective product causes abdomen injuries after surgery

A North Carolina couple has been awarded $1.5 million by a federal jury for injuries the husband suffered when a hernia patch ruptured in his abdomen following surgery, reports The Providence Journal.

If you are using a medical product, a household product or a vehicle, you should be able to count on the fact that the product has been safely designed and works as it was designed.  At Munley Law we have successfully handled cases involving injury or death caused by alleged product defects.

The patch, made by the Cranston firm Davol Inc. was implanted in the 52-year-old man in 2005 to repair an abdominal hernia.  The mesh patches are folded in half and inserted behind the hernia through a small incision.  Once inserted the patch is supposed to open, but the man’s patch broke and traveled inside the body, […]

$1.8 Million Award Against Hyundai Following Teen’s Death

A jury in San Angelo (Texas) federal court has reached a $1.8 million award against Hyundai Motor Company in favor of the plaintiff – the father of a 19-year-old girl killed in 2007, reports GoSanAngelo.  The teenager was a passenger in a car driven by her sister when the car veered off the road and rolled over.  Although she was wearing a seatbelt at the time of the accident, she was thrown out through the back window of the car because her seat was too far reclined.  She was pronounced dead on arrival at the hospital.

In filing the lawsuit, the father of the dead girl hopes to call on the auto industry to correct the design which allows a car to be driven with the seat reclined.  Experts testified a car seat reclined past 45 degrees is unsafe and the safest position for the passenger seat is in the upright position. […]

Ford Motor Company to Pay Paralyzed Woman $23.4 Million

ABC News reports a woman has been awarded $23.4 million by a California jury against Ford Motor Company following a 2007 accident which left her a quadriplegic.

The woman lost control of her Ford Explorer when the tread separated from her rear tire causing her car to roll three times down an embankment. She was left with both of her legs and most of her body paralyzed.

The lawsuit alleged flaws in the 1997 Explorer’s design caused it to lose control when the tire treads separated. Ford argued the accident was caused by worn-out tires.

The jury returned a unanimous verdict for the plaintiff.

If you have been injured or a loved one killed in a vehicle accident that was caused by another person’s carelessness or recklessness, you may be able to recover damages that include medical costs, […]

Personal Injury Hazard Leads to Another Off-Road Utility Vehicle Recall

In cooperation with the CPSC, Bush Hog Off-Road Utility Vehicles have been recalled by the manufacturer, Bush Hog LLC, of Selma, Alabama. About 580 of these vehicles have been sold by Bush Hog dealers nationwide from April 2008 to December, 2008 and costs between $8.000 and $10,000. They were made in the United States.

The recall includes Models TH4400 (Trail Hand) and 4430 4X4 Off –Road utility vehicles and have Bush Hog printed on the cargo bed tail gate and on each side of the cargo bed. The hoods are red, green, or mossy oak.

The vehicle’s throttle cable can lock in freezing temperatures causing the engine not to return to idle when the driver takes his foot off the accelerator pedal, creating a potential loss of control of the vehicle.

Consumers should stop using the product immediately and contact a Bush Hog dealer to schedule a free inspection and repair. […]

Wisconsin Court Rules In Favor of Medtronic In Product Liability Case

The Wisconsin Supreme Court, following a U.S. Supreme Court decision, has ruled patients cannot sue the maker of a potentially unsafe medical device approved for sale by the FDA.

A suit was brought against Minneapolis-based Medtronic, Inc. by a man who had his defibrillator surgically removed after the company warned its battery could fail. The defibrillator was implanted in 2004 to try to prevent his heart from stopping.

The next year, Medtronic warned the devices’ batteries might fail in 1 out of 10,000 patients. The company knew of the problem more than two years earlier but kept selling the defective defibrillator, according to the Minneapolis Star Tribune. The FDA did not order a recall nor did it withdraw its 2002 approval.

The Wisconsin decision was not unanimous. Two of the justices warned, “the decision leaves Wisconsin residents at the mercy of the U.S. Food and Drug Administration, […]

Attack of the Killer Tomatoes

Salmonella outbreak causes restaurants to stop serving tomatoes

When I pulled up to my favorite restaurant last night, I noticed a sign on the door, “We, like many other restaurants, will not be serving fresh tomatoes due to the salmonella outbreak.” Now, I have heard about the outbreak in the news but hadn’t realized its scope until I got my favorite entrée sans tomatoes.

Since mid-April, there have been nearly 150 cases of salmonellosis, a rare type of Salmonella Saintpaul poisoning, linked to raw red plum, red Roma and/or round red tomatoes (according to the FDA, grape and cherry tomatoes as well as those still attached to the vine are still safe to eat). At least 23 have been hospitalized and illnesses have been reported across 17 states, making this the biggest food scare since the tainted spinach fiasco of ’06. The source of the tomato contamination has yet to be identified. […]

FDA’s Brain Drain

According to an article from the Associated Press, when Big Pharma has a job opening – the first place they look is the FDA.

The former stewards of public health are extremely valuable to drug companies, because of their crucial experience. But what is good for Big Pharma is not always good for America.

With the FDA coming under fire just about every week now and paychecks that pale in comparison to what the world’s largest drug-makers can provide, some of the agency’s top scientists are leaving for greener pastures.

The problem? The FDA is already stretched thin with the departure of many Baby-Boomers and increased competition for science graduates. Now that other top-level personnel are jumping ship to Big Pharma, the FDA is left with a leaner, less experienced and less-confident staff, and tasking them with keeping America safe. The scenario has been dubbed the “FDA brain drain.” […]