Recently in Product Liability Category

February 12, 2010

Medical Product Manufacturer Announces Recall of AED Devices

Defibrillator.jpegLast week, the Cardiac Science Corporation notified the Food & Drug Administration (FDA) of the voluntary recall of approximately 12,200 automated external defibrillators (AEDs). Manufactured between October 19, 2009 and January 15, 2010, the devices began to fail under certain conditions, though these conditions were not listed. The company stated that the failure is being attributed to a manufacturing defect.

While the company claims that it has not received reports of the problem from external sources or customers- the problem was found through internal testing- a defect like this can lead to serious medical complications, including death. AEDs are used to treat victims thought to be experiencing cardiac arrest; the devices attach to the victim and then provide prompts to guide rescuers through rehabilitation steps. The devices also analyze heart rhythms and determine if defibrillation shock is necessary for resuscitation.

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February 1, 2010

Toyota Expands Recall on Top-Sellers, Honda Issues Voluntary Recall

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Over a week ago, Toyota raised concerns when it announced the recall of 2.3 million vehicles. These concerns were validated with the company's announcement later in the week of a massive recall in China, culminating with the announcement Friday that it also intended to recall 1.8 million vehicles in Europe as a "preventative measure". By this time, the company had also issued an order to halt production of the eight-best selling models in the U.S.

Citing problems with floor mat entrapment and sticky gas pedals that cause unexpected acceleration, Toyota's recall numbers have jumped to almost 9.5 billion since late last year. Both consumers and dealers were affected when Toyota halted the sales of the 2009 and 2010 RAV4, 2009 and 2010 Corolla, 2009 and 2010 Matrix, 2005 to 2010 Avalon, 2010 Highlander, 2007 to 2010 Tundra and 2008 to 2010 Sequoia.

These actions drew the attention of Congress, prompting the House Committee on Oversight and Government Reform to schedule a hearing next week to investigate the government's response to Toyota's problems. The National Highway Traffic Safety Administration (NHTSA) has an early warning system in place that provides statistical forecasting to identify trends and help signal problems such as the ones Toyota is experiencing. In this case, the system did not recognize the problem, causing the House to request extensive data reports from both the NHTSA and Toyota.

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December 22, 2009

Auto accident on Humbert Rd. kills young couple

An automobile accident took the lives of a young Godfrey, Illinois, couple on Sunday December 20. Nicole and Chad Thorpe, both 27, and parents to a young two year old son, were tragically killed on Humbert road near Richland Woods Dr.. It appeared their 2007 Ford Edge ran off the road, struck a tree and flipped over. Sheriff's Deputies said the vehicle was engulfed in flames when they arrived on the scene.

What caused the vehicle to swerve off the road is still unknown. The Madison County Sheriff's Department is conducting an investigation into the possible cause. Both occupants suffered severe burns and were identified by dental records Monday. The coroner stated both victims died from smoke inhalation.

The car apparently was traveling north on Humbert Road and drove off the east side of the road before striking the tree. At this point, there is no evidence or report as to why the vehicle caught on fire. According to the National Fire Protection Agency (NFPA), there were an average of 356,000 vehicle fires and 512 civilian deaths reported between 1998 and 2002. Per the NFPA report, 3 out of every 5 passenger road vehicle fire deaths occurred in fires caused by collisions or overturns.


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September 2, 2009

Granite City, Illinois Man Injured by Stop Snoring Product

A Granite City, Illinois man was injured using PureSleep's stop snoring solution in July of 2008. The product is a dental device which is worn while sleeping, to prevent snoring.

The user puts the device in hot water so it is malleable to fit your teeth. Once this is done the device fits securely in the mouth. 874558_kayhan.jpg

Here, the problem arose when the device was removed the next morning, it carried away the man's crown from a back molar. He now has to go to a dental specialist to undergo treatment to have a new crown put in-----costing significant dollars.

A claim has been made based on a product liability theory----that the product was unsafe as normally used and there was a failure to warn that this could happen.

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July 28, 2009

Missouri Woman Injured Using Zicam Medication

After using Zicam for congestion, a Missouri woman suffered permanent loss of smell and taste. Her doctors attributed it to the use of Zicam.


The FDA has alerted consumers that Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Nasal Swabs, and Zicam Cold Remedy Swabs, Kids Size-----have all been associated with long lasting or permanent loss of smell. These products are marketed by Matrixx Initiatives and contain zinc.



Many people have complained of loss of smell with just one use of the product. Loss of smell is often associated with loss of taste. Further, loss of smell can lead to dangerous situations where there is failure to smell smoke, gas, or spoiled food products.

If you or family members have similar problems seek medical attention immediately from an ear, nose, and throat specialist; save the product, any container and receipt. Check with the FDA website for specifics.


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July 21, 2009

Alton, Illinois Man Versus Gatorade

WWF&G recently obtained a settlement from Gatorade for an Alton, Illinois man.

Our client had purchased a bottle of Gatorade, when starting to drink it, noticed a foreign substance in the liquid resembling a thick gray cloud.

Fortunately, the client stopped ingesting the Gatorade and contacted WWF&G for assistance.

89069_gatorade.jpegA claim was made against the manufacturer and an early settlement satisfactory to our client was achieved. If you encounter a foreign substance in your food or drink, it is advisable to preserve the product as evidence, as well as any other evidence to support your potential claim, such as a product receipt, packaging or photos of the evidence. If you feel ill as a result of consumption, you should seek medical attention promptly.

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