Product Liability

As part of a national settlement with Abbott Laboratories over allegations of illegal drug marketing, Maryland is expected to receive a $1.8 million settlement. The Baltimore Sun reports that the Illinois-based company will pay $100 million to 44 U.S. states where officials claimed the company marketed the drug Depakote for uses other than those approved by the U.S. Food and Drug Administration (FDA). Depakote is used for the treatment of seizure disorders, migraines, and mania associated with bipolar disorder, but Abbott was accused of marketing the drug for autism, schizophrenia, and agitated dementia.

The Sun reports that the sizable settlement is considered the largest “multi-state consumer protection-based pharmaceutical settlement” ever reached. Abbott Laboratories has agreed to stop promoting Depakote’s unapproved uses and will stop making misleading and false claims about the drug. The company will also have its scientists, not sales staff, develop medical content for healthcare providers and will limit the distribution of studies which relate to the drug’s unapproved uses, in addition to other steps.

The Maryland Attorney General says MD consumers deserve to know the truth about the prescription drugs they’re using, and the office will continue to investigate the potentially illegal and inappropriate claims made by pharmaceutical companies.

Manufacturers of products that consumers rely on and use everyday are legally and ethically obligated to disclose truthful, accurate information regarding a product or drug. If a company fails to do so, an innocent consumer’s health and well-being may be put in danger. The product liability lawyers in Waldorf with the law firm of Alpert Schreyer are dedicated to protecting the rights of consumers and will work to hold any negligent parties responsible for the injuries and harm caused. Schedule your free consultation by calling (800) 489-1577 today.

The U.S. Consumer Product Safety Commission (CSPC), in conjunction with Todson, Inc., has announced a voluntary recall for their bicycle child carrier seat, which affects an estimated 40,000 units. The name of the recalled product, manufactured in Taiwan, is the Topeak Babyseat II Bicycle Carrier Seats made by the Massachusetts-based company. A child can place his or her fingers in the opening at the grab bar’s hinge mechanism, and when the consumer opens the bar to remove the child from the seat, the child’s fingertips may be caught in the hinge mechanism. This ultimately poses a fingertip amputation or laceration hazard to the child.

Presently, the firm has received two reports of serious incidents, including near amputations that resulted in stitches and a crushed finger. The model numbers of the recalled products, which can be found on the product’s packaging, include: TCS2100, TCS2101, and TCS2102. The plastic, gray bicycle child carrier seat was sold from January 2009 through April 2012 for $140 to $180 at a variety of retail stores and independent bicycle dealers across the country, including REI and J&B Imports. The CPSC is advising that consumers stop using the product immediately and contact Todson for a free hinge cover retrofit kit by calling (800) 250-3068 or visiting www.todson.com.

Families trust that the many products they use for their children each day will be safe and risk-free, but when a manufacturer fails to properly test an item or has inadequate manufacturing standards, a serious child injury can occur as a result. If your child has been hurt by a defective product, contact a knowledgeable Waldorf product liability lawyer at the law firm of Alpert Schreyer. Our legal team is committed to holding negligent manufacturers responsible for the harm their products have caused and will work to get your family the compensation you deserve. Call (800) 489-1577 for a free case evaluation.

According to Moderntiredealer.com, the National Highway Traffic Safety Administration (NHTSA) has issued a recall for approximately 12,289 light truck tires in conjunction with GTC North America, Inc. The name of the affected light truck tire is Advance Extra Grip AR215 and the tire size is P235/75R15. The tires were produced between September 2008 and December 2009. Light truck refers to any vehicle with a maximum combined curb and payload weight of 8,500 pounds, including minivans, pickup trucks, and sport utility vehicles (SUVs).

Some of the recalled tires may have been manufactured with an air bubble in the sidewall, which can cause blistering; this, in turn, may create tread chunking and a loss of air, possibly leading to a dangerous Maryland auto accident. Tread chunking occurs when small tire pieces are ripped off the tread, a defect that the NHTSA says is seen infrequently and typically stems from a manufacturing or quality control problem. The tires failed to conform to the requirements of a specific light tire Federal Motor Vehicle Safety Standard.

This safety recall is expected to begin this month, and GTC will notify tire owners and replace the noncompliant tires with a similar one free of charge. As applicable, free mounting and balancing may also be included. For more information regarding this recall, consumers may call GTC at (330) 498-5000. Currently, the Ohio-based manufacturer has received no reports of injuries or fatalities due to the use of the tire.

Manufacturers of motor vehicles and their respective parts have the responsibility to produce products completely safe for consumer use. However, if a product or vehicle isn’t thoroughly tested or shortcuts are taken in manufacturing, a hazardous defect may be discovered too late after it has already caused harm to an innocent consumer. If you have been injured by a defective product, the Bowie product liability lawyers of Alpert Schreyer will help you hold any negligent parties legally accountable. For a no-cost consultation, call (800) 489-1577.

The U.S Consumer Product Safety Commission (CPSC) has issued a number of household product recalls for the month of February. Each recalled product poses different personal injury risks to users, so all Maryland consumers should immediately stop use of these particular products and contact the manufacturer for either replacement parts, repairs, or refunds.

1. Improvements Catalog Adjustable Ottoman Bed: This product from an Ohio-based company poses a fall hazard to consumers when the ottoman is converted to a bed and weight is placed on it. The product was sold through Improvements and Sky Mall catalogs and websites from May 2011 to August 2011 for between $150 and $190. Any Improvements store can be contacted so customers can receive a full refund. For questions regarding the recall, consumers can call (800) 985-6044 or visit www.improvementscatalog.com.
2. Bosch Fire Alarm Control Panel: Bosch Security Systems, Inc. has recalled their Fire Alarm Control Panel as it can fail to sound the alarm if a fire occurs either when the alarm verification feature is turned on or if the loop for the fire alarm system is broken on systems with 50 or more reporting stations. Distributors and installers have been sent technical bulletins for repair, but consumers can contact Bosch for more information at (800) 289-0096 or by visiting http://www.boschsecurity.us/en-us/.
3. BSH Tassimo Single-Cup Coffee Makers: Affecting 835,000 units in the U.S., BSH Home Appliances Corp. has issued a recall for Tassimo brewers with the Bosch brand name and Tassimo Professional brewers. The T-Disc that holds the coffee or tea poses a burn hazard to users as it can burst and spray hot liquid, coffee grounds, or tea onto anyone near the product. Users should immediately stop using the product and order a free replacement disc holder by calling (866) 918-8763 or going to www.tassimodirect.com/safetyrecall.

Manufacturers have the responsibility of producing safe, hazard-free products for consumer use; however, if products, especially household products which are used daily, are not thoroughly tested for safety, innocent consumers may pay the price with serious injuries. The Annapolis product liability lawyers with Alpert Schreyer are dedicated to helping Maryland consumers obtain compensation when injured by a defective product. To see how our legal team can assist you with your product liability claim, call (800) 489-1577.

According to a Huffington Post report, the Ford Motor Company has issued a major recall for nearly half a million vehicles because of a pair of mechanical issues. The Michigan-based automaker is recalling 205,896 Mercury Monterey and Ford Freestar minivans made during 2004 and 2005 because the torque converter output shaft may potentially fail. If this occurs, there could be a sudden loss of power which could cause a dangerous automobile crash.

In addition, Ford is recalling more than 244,000 Escape SUVs made in model years 2001 and 2002. The reason for this recall is that the brake master cylinder reservoir cap could leak brake fluid, and if the fluid leaks, it could possibly corrode electrical connectors in the breaking system. This mechanical issue could lead to melting, smoke, or a fire.

Ford has stated that for both the SUV and minivan recalls, any affected owners will be informed and dealers will replace the parts at no cost. Escape owners will be notified by Ford starting the week of January 23, but because of a parts delay, they may not be able to fix all vehicles right away. In these cases, Ford will ask customers to park their SUV outside until the necessary parts become available.

Defective motor vehicles, including tires and any component parts, can kill or seriously injure unsuspecting drivers and passengers. A victim of an automobile defect has the right to seek compensation from any negligent parties, such as the manufacturer, if they have endured any personal injury as a result of a vehicle defect. The Waldorf product liability lawyers with the law firm of Alpert Schreyer have years of experience helping injury victims obtain compensation from at-fault parties responsible for accidents and injuries. Please call (800) 489-1577 for a free, confidential review of your case.

The holiday season is upon us, which means shoppers will be out in droves looking for gifts for their nearest and dearest. If you are fortunate enough to have little ones in the house, giving toys for your child to enjoy can be one of the best parts of the holidays; however, all toys are not created equal, and some may cause unintended injury to your child.

The U.S. Public Interest Research Group has issued its 26th annual Trouble in Toyland report, which lists the toys that may present a hazard to young children and helps parents choose safe gifts for their kids this holiday season. The leading dangers include toys with small pieces that children may choke on, toys that violate new lead and phthalate limits, and ones that may cause hearing damage with noise volumes that exceed the National Institute of Deafness and Other Communication Disorders’ recommended safety standards.

The following is a list of toys determined to be potentially dangerous:

• Toys with Choking Hazards: Sesame Street Oscar Doll (Sesame Workshop); wooden blocks set (ToySmith); Orange Bear (4M2U); Play ball x2 (Squishland); green rubber grape (iwako); and HABA fruit in a bag (HABA).
• Toys with Noise Hazards: Elmo’s World Talking Cell Phone (Fisher Price); Victorious Stereo Headphones (Nickelodeon); Hotwheels’ Super Stunt RAT BOMB (Hotwheels).
• Toys with Potentially Dangerous Levels of Lead or Other Toxic Chemicals: Little Hands Love Book (Piggy Toes Press); Hello Kitty eyeshadow/keychain (Hello Kitty); Sleep Mask (Claire’s); Tinkerbell Watch (Disney Fairies); Whirly Wheel (LL); and Funny Glasses (Joking Around).

The Trouble in Toyland report is an excellent starting off point for anyone buying gifts for children this year, but it is certainly not all inclusive. The U.S. Consumer Product Safety Commission (CPSC) has issued a number of child product recalls; in 2010, more than 200,000 toy units for violations of lead standards and more than 3.5 million for potential choking hazards, so shoppers are encouraged to do their research before buying toys.

However, if your child has already been injured due to a defective or unsafe product, the product liability lawyers in Waldorf at the law firm of Alpert Schreyer can help you seek compensation for his or her injuries and hold negligent manufacturers legally accountable. Please call (800) 489-1577 for a no-cost consultation and to see how our law team can help you.

Decorating your home for Halloween is a great way to get your kids excited for the holiday. However, some Halloween decorations pose a very real threat to the safety of your children and your home. The Consumer Product Safety Commission (CPSC) recommends taking several steps to reduce the risk of accidents caused by hazardous or defective Halloween decorations.

• Try to use battery-operated candles instead of candles with real flames. Costumes that droop, drag, or sag can get caught in the flames. If you do use real candles, keep them away from walkways, porches, steps, and landings. This will reduce the risk of fire and burn injuries.
• Do not overload outlets or power strips with plugs. Purchase additional power strips if you have a lot of plug-in decorations.
• Avoid putting decorations where trick-or-treaters may be walking. These decorations could act as obstacles and cause people to trip and fall.
• Never leave a burning candle unattended as it takes only seconds for a flame to ignite a curtain, costume, or other flammable material.
• Check all light sets for loose connections, frayed wires, broken sockets, and other product defects. Do this with both new and old light sets, as new sets can have defects due to the way they were manufactured or handled during shipping.
• Always examine decorations and novelty items before giving them to children.

Taking these simple steps can help prevent Halloween accidents at your home. Unfortunately, your child is at risk of injury if he or she trick-or-treats at homes where the owners do not take these precautions. If your child suffers an injury due to someone else’s negligence, the Maryland personal injury attorneys at Alpert Schreyer can help you seek justice. Call us at (800) 489-1577 or (301) 932-9997 to schedule a free case review.

Many people save their old toys in the hopes that they can pass them down to their children someday. While this is a nice sentiment, parents should be careful when allowing their kids to play with old toys. The safety standards in place several decades ago were not as strict as the safety standards in place today. The following are some examples of the top dangerous toys from the past.

The Spark Gun
The Spark Gun appealed to kids because it shot real sparks. Unfortunately, those sparks increase the risk for burn injuries and house fires.

Cabbage Patch Snacktime Kids
This addition to the popular Cabbage Patch Kids franchise allowed kids to feed the doll plastic vegetables. Instead of eating their vegetables, more than 30 of the dolls chomped on kids’ fingers and hair.

Creepy Crawlers
Creepy Crawlers appealed to kids who loved insects and other creepy crawly things. The product consisted of a small oven and hot metal plates, which allowed kids to bake their own plastic insects. The oven and plates caused several burns.

Atomic Energy Lab
Atomic Energy Lab was perfect for kids who had an interest in science. Unfortunately, it also came with uranium ore, making it too dangerous to keep on the market.

Clackers
Clackers consisted of glass balls attached to a piece of rope. The rope sometimes broke the glass balls, causing them to shatter. Shattering glass can cause cuts, lacerations, and other injuries.

Just because we have more stringent safety standards today does not mean parents do not have to worry about the safety of their children’s toys. Several toy manufacturers have recalled their products recently, sparking increased awareness of toy safety. If your child suffered a serious injury as the result of playing with a defective toy, the Waldorf personal injury lawyers at Alpert Schreyer can help you get the justice you deserve. We will work hard at every step of your case and make sure your rights are protected. Schedule a free and confidential review of your case by calling (301) 932-9997 or toll free at (800) 301-7172.

The U.S. Food and Drug Administration (FDA) regularly publishes information about product recalls and safety alerts to help American citizens keep themselves safe from defective products and unsafe foods, medications, cosmetics, and medical devices. Recent recalls include several food products, several brands of oral contraceptives, and a dangerous medical device.

Food Products

In September, the FDA released recall information for Del Bueno Casero Queso Fresco cheese, citing the presence of Listeria monocytogenes in some 16-oz. packages. Sweet Rocky and Colorado Fresh Rocky Ford varieties of whole cantaloupe from Jensen Farms were also recalled for the presence of Listeria bacteria. Food products are not always recalled for the presence of infectious agents. The FDA also issues recall notices for foods that contain undeclared allergens, as just a small amount of an allergen can lead to death in someone allergic to peanuts, milk, soy, wheat, and known allergens.

Quaker Chewy Smashbar Graham Pretzel snack bars, various chocolate products from Chocolate Decadence, and SoyNilla-flavored protein powder from Watkins Incorporated were recalled for undeclared milk, while Deer Golden raisins were recalled for undeclared sulfites.

Medications

On September 15, the FDA issued a recall for Cyclafem, Gildess, Emoquette, and several other contraceptives due to a package error that may reduce the efficacy of the drugs. The FDA also recalled Slim Forte, a slimming capsule produced by Intercharm Incorporated, due to the presence of undeclared sibutramine.

Medical Devices

Some medical devices harm more than they help. On August 31, the FDA recalled the ShoulderFlex massager produced by King International LLC because of the risk of strangulation and death associated with the product.

When companies release dangerous products into the marketplace, every consumer is at risk. If you suffered a serious injury due to a defective product, or became ill from eating foods with undeclared ingredients or contaminants, contact the Maryland defective product attorneys at Alpert Schreyer for a free consultation. Call (301) 932-9997 or toll free at (800) 301-7172 to speak with one of our experienced team members.

The U.S. Consumer Product Safety Commission (CPSC) announced a recall of metal futon bunk beds on June 16. The bunk beds were sold exclusively by Big Lots stores across the U.S. from January 2009 through April 2010. The recalled beds will have model number BFB1008 on a label on the support rail on the upper bunk.

The futon bunk beds are being recalled because of an entrapment hazard. The space between the last rung on the bunk bed ladder and the futon mattress is large enough for a child’s body to pass through, but not the head, making it possible for a child to get stuck. Children in the ladder area of the bunk bed or behind the futon can also become trapped when the futon is lowered from the seated to flat position. In March 2010, a 3 year old boy got his head and neck trapped by the futon. Because of the weight of the futon and metal frame, he was unable to get free and tragically died of compression asphyxiation.

Consumers who have purchased the recalled bunk bed should contact Big Lots for a free repair kit that can be installed at home. For more information contact Big Lots at (866) 244-5687 between 9 a.m. and 5 p.m. ET, Monday through Friday or visit their website at www.biglots.com.

The CPSC recently announced the grand opening of its new scientific testing facility. The state-of-the-art facility will allow the CPSC to test more products for safety and produce results more quickly.

If you or a loved one has been injured by a defective or dangerous product in Maryland, call the Maryland defective product lawyers at Alpert Schreyer, LLC. Our experienced personal injury lawyers can evaluate your case and help you get compensation you may be entitled to from negligent manufacturers. Call us today at 301-932-9997 or toll free at (800) 301-7172.