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<title>Product Liability - Georgia Injury Law Blog</title>
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<description>Atlanta Injury Lawyer &amp; Attorney : Auto Accidents, Injury, Truck Accidents : Georgia</description>
<language>en-us</language>
<copyright>Copyright 2012</copyright>
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<pubDate>Tue, 07 Feb 2012 09:40:06 -0500</pubDate>
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<title>FDA&apos;s Poor Oversight of Disposable Wipes Makers Poses Safety Risk to Consumers - Product Liability Claims Likely</title>
<description><![CDATA[<p>The Food and Drug Administration has failed in its responsibility to maintain oversight over companies that manufacture disposable wipes.&nbsp;As a result, sanitation and hygiene standards at these facilities have dropped, and the result has been several fatalities and infections across the country caused by contaminated wipes.&nbsp;An <a href="http://www.jsonline.com/watchdog/watchdogreports/fda-falls-short-on-safety-checks-on-disposable-wipes-makers-2o3ck29-136294978.html">investigation</a> by the Milwaukee-Wisconsin Journal Sentinel found poor hygiene standards at a facility operated by yet another Wisconsin-based company that manufactures wipes.</p>
<p>Product liability claims are likely from any serious infection or wrongful death which arises due these wipes. A personal injury arising out of a serious infection often results in long-term hospitalization and continuing issues for the individual. Product liability claims which arise out of the improper manufacturing of a product can be very difficult to prove. However, <a href="http://www.robertnkatz.com/injury-accident-lawyer-Atlanta-1277296.html"><span><font color="#800080">personal injury lawyers</font></span></a> have developed a variety of techniques of attacking these types of cases. The work of government agencies is often an important component in establishing civil liability in these matters.</p>
<p>That company, Rockline Industries manufactures baby wipes and other wipes that are used in hospitals and homes.&nbsp;According to the investigation, at least 5 years ago, employees of the company acting as whistleblowers wrote a letter to the Food and Drug Administration warning that thousands of contaminated wipes were being manufactured at the company's Arkansas facility.&nbsp;The whistleblowers alleged that the company was aware of the contamination of these wipes, but failed to take action, and continued to ship these wipes across the country.&nbsp;</p>
<p>In 2006, an investigator from the Food and Drug Administration arrived at the facility, and found shockingly unsanitary conditions.&nbsp;These conditions included poor sanitation standards and shoddy product testing.&nbsp;The inspection was triggered after consumers began complaining about the moldy odors on some of the wipes, as well as the presence of foreign objects, including blades and even a dead cockroach.</p>]]><![CDATA[<p>Later that year, Rockline announced a recall of the wipes.&nbsp;The recall included approximately 20 brands manufactured by the company.&nbsp;According to tests conducted by the Food and Drug Administration, the wipes were contaminated with a bacterium called Burkholderia cepacia.&nbsp;This is a potentially dangerous bacteria especially to persons who have weakened immune systems.&nbsp;The levels of bacteria found on the wipes were as much as thousands of times higher than any healthy immune system can handle.</p>
<p>However, the Food and Drug Administration was satisfied enough with the recall, and took no further enforcement action against the company.&nbsp;Rockline is the 2nd Wisconsin-based company that has been involved in the contaminated wipes scandal.&nbsp;The first company was Hartland-based Triad Group, which was forced to recall millions of contaminated alcohol prep pads and wipes last year.&nbsp;The Food and Drug Administration has so far received at least 11 reports of deaths that were caused due to the contaminated wipes manufactured by Triad Group.&nbsp;Hundreds of illnesses have been reported from the contaminated wipes.&nbsp;A New York-based company has also recalled alcohol prep pads and wipes because of bacterial contamination.</p>
<p>Alcohol prep pads, wipes and other such hygiene products are used across the country, and are very popular.&nbsp;These are very often sold as part of home kits too.&nbsp;The Food and Drug Administration has failed to factor in the growing popularity and use of these products.&nbsp;The agency needs to conduct regular inspections of facilities that manufacture these wipes, and has consistently failed to do so.</p>
<p><i>The </i><a href="http://www.robertnkatz.com/product-liability-lawyer-atlanta-1027219.html"><i><font color="#800080">Atlanta product liability attorneys</font></i></a><i> at the Katz Law Firm represent persons injured due to the use of defective products in the metro Atlanta region and across Georgia.</i></p>]]></description>
<link>http://www.georgiainjurylawblog.com/archives/product-liability-fdas-poor-oversight-of-disposable-wipes-makers-poses-safety-risk-to-consumers-product-liability-claims-likely.html</link>
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<category>Product Liability</category>
<pubDate>Tue, 07 Feb 2012 09:38:00 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>Company Recalls Dining Tables Due to Personal Injury Risks</title>
<description><![CDATA[<p>A California-based company and the Consumer Product Safety Commission are announcing a <a href="http://www.prnewswire.com/news-releases/west-elm-recalls-dover-dining-table-due-to-injury-hazard-136371748.html">recall</a> of dining tables, because of the risk that the tables could collapse, injuring consumers. As any <a href="http://www.robertnkatz.com/injury-accident-lawyer-Atlanta-1277296.html">personal injury attorney </a>who has handled a collapsing table or chair case can attest, the injuries from this type of incident are more significant than they may first appear. For instance, consider the possibility of a small child sitting at a table that collapses. The weight of the table could easily seriously injure or kill the child.</p>
<p>For adults, the risk of a collapsing table relates more to a leg or knee injury. If the heavy wooden table were to collapse on an individual&rsquo;s knee, then there is a significant potential for a knee replacement surgery. It is good that the company has taken the issue seriously and is recalling the tables. They will very likely avoid a number of product liability claims.</p>
<p>The table, the Dover Dining Table is manufactured in China and imported by West Elm, a division of Williams-Sonoma of San Francisco, California.&nbsp;According to the Consumer Product Safety Commission, West Elm is recalling approximately 830 dining tables in the United States.&nbsp;In Canada, 10 tables are being recalled.&nbsp;The recall is linked to a potential defect that could cause the wooden base of the table to collapse.&nbsp;This can cause the glass top to fall, posing serious injury hazards to consumers seated at the table.</p>
<p>The company is aware of at least 14 reports in which the tables collapsed or broke, and in at least one incident, a consumer suffered leg injuries.&nbsp;The dining table consists of a tempered glass top and a brown wooden base.&nbsp;The tables have the words West Elm and <span>SKU: 2188233 printed on the underside of the center beam.&nbsp;The tables were sold at West Elm stores, as well as online stores between July 2011 and October 2011 for about $500.</span></p>]]><![CDATA[<p>Consumers who have the dining table should contact West Elm to receive full store credit.&nbsp;They are also advised to contact West Elm toll-free at 855-369-4335 for more details.&nbsp;The Consumer Product Safety Commission is asking consumers who own the tables, and have been injured and experienced any collapse incidents in their own homes, to report these incidents to the agency.</p>
<p>Furniture-related accidents are not as unusual as people may think.&nbsp;People are injured in furniture-related accidents in the home every day.&nbsp;According to the Consumer Product Safety Commission, furniture tipover-related injuries are on the rise in spite of the best efforts of the agency to increase awareness about these injury risks.&nbsp;The agency says that approximately 1 child is killed every 2 weeks in a furniture-related accident.&nbsp;Also, tens of thousands of people are injured every year in these accidents.&nbsp;</p>
<p>Between 2000 and 2010, the Consumer Product Safety Commission says that it received reports of 245 furniture-related fatalities.&nbsp;These fatalities involved children below the age of 8.&nbsp;Out of these, approximately 90% involved children below the age of 5.&nbsp;In more than 50% of the fatalities, the child was killed from crushing injuries from the weight of the piece of furniture or appliance that toppled on them.&nbsp;In most cases, the cause of the fatality was a serious injury to the head.&nbsp;Televisions were the most common appliances that were linked to tip over-related accidents.</p>
<p>Apart from televisions, toy chests, dining tables, dressers, bureaus and other solid furniture can also be involved in accidents.&nbsp;Last week, Pottery Barn Kids recalled bed canopies because these were at risk of collapsing, posing injury risks to consumers, especially children.</p>
<p><i>The </i><a href="http://www.robertnkatz.com/product-liability-lawyer-atlanta-1027219.html"><i><font color="#800080">Atlanta product liability attorneys</font></i></a><i> at the Katz Law Firm represent persons injured due to the use of defective products in the metro Atlanta region and across Georgia.</i></p>]]></description>
<link>http://www.georgiainjurylawblog.com/archives/product-liability-company-recalls-dining-tables-due-to-personal-injury-risks.html</link>
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<category>Product Liability</category>
<pubDate>Mon, 06 Feb 2012 09:26:37 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>Georgia Appeals Court Overturns Yamaha Rhino Injury Verdict</title>
<description><![CDATA[<p>The Georgia Court Of Appeals has <a href="http://www.fairwarning.org/2011/11/georgia-court-restores-yamahas-perfect-record-in-defending-rhino-cases/">reversed a jury verdict</a> in favor of a Yamaha Rhino rider, who suffered a serious personal injury during an off-road vehicle accident.&nbsp;The victim, a gravedigger from Georgia had been riding his Yamaha Rhino off-highway vehicle when the vehicle flipped over.&nbsp;He suffered serious leg injuries.</p>
<p>A court had ordered Yamaha to pay damages of $317,000.&nbsp;However, the Georgia Court of Appeals has now reversed the verdict.&nbsp;According to the appeals court's decision, unlike a car accident, the victim had assumed the risk of injuries when he purchased the off-road vehicle in 2006.&nbsp;With this and to the dismay of many <a href="http://www.robertnkatz.com/injury-accident-lawyer-Atlanta-1277296.html"><span><font color="#800080">personal injury lawyers</font></span></a>, Yamaha's unblemished Rhino injury lawsuit record continues.&nbsp;The company has continually won lawsuits arising out injuries and fatalities resulting from accidents involving its off-road vehicle.&nbsp;However, the company has also entered into undisclosed settlements with several injured people, so the unblemished track record isn&rsquo;t that clean.&nbsp;Those settlements are confidential, however.</p>
<p>The Yamaha Rhino was introduced in 2003, and quickly became popular among a growing generation of off-road vehicle fans.&nbsp;These off-road vehicles are different from all-terrain vehicles, in that they do include some additional safety features like safety belts.&nbsp;However, consumer safety groups soon found that the Yamaha Rhino was linked to a number of accidents ending in injuries.&nbsp;Some of the injuries that have resulted from these off-road vehicle accidents have been severe.&nbsp;Yamaha Rhino riders, who were caught or trapped when the off-road vehicle flipped over, have suffered from severe crushing injuries, and arm and leg injuries.&nbsp;There have also been amputations and severe limbs.&nbsp;The Rhino weighs about 1,100 pounds, and any accident that results in the vehicle flipping over and landing on a person, can cause serious injuries.</p>
<p>The number of persons filing lawsuits against Yamaha over the Rhino off-road vehicle has increased.&nbsp;The lawsuits claimed that the Rhino is inherently defective.&nbsp;The off-road vehicle is susceptible to rollovers even when it was traveling at low speeds.&nbsp;Even Yamaha Rhino riders who were riding their off-road vehicle on relatively flat roads were injured in accidents.&nbsp;Additionally, the vehicle offered no protection against crushing injuries or amputations when limbs were trapped underneath the vehicle.&nbsp;Yamaha responded to criticism by saying that its vehicles were safely designed, and that these accidents and injuries were the result of riders&rsquo; failure to follow all safety instructions and use the vehicle according to manufacturer specifications.</p>]]><![CDATA[<p>However, under pressure from the Consumer Product Safety Commission, Yamaha has modified the design of the Rhino.&nbsp;It has included aids on the Rhino to keep riders&rsquo; legs and feet inside the vehicle. In 2009, Yamaha launched a free repair program that removed the sway bar, and placed doors on Rhinos that did not have doors.</p>
<p><i>The </i><a href="http://www.robertnkatz.com/product-liability-lawyer-atlanta-1027219.html"><i><font color="#800080">Atlanta product liability attorneys</font></i></a><i> at the Katz Law Firm represent persons injured by the use of defective products in the metro Atlanta region and across Georgia.&nbsp;If you have suffered injuries from the use of a defective product, speak with a product liability attorney at our firm.</i></p>]]></description>
<link>http://www.georgiainjurylawblog.com/archives/product-liability-georgia-appeals-court-overturns-yamaha-rhino-injury-verdict.html</link>
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<category>Product Liability</category><category>Rollover Accidents</category>
<pubDate>Wed, 01 Feb 2012 10:00:23 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>Honda Recalls Motorcycles Due to Braking Problem - High risk of Motorcycle Accident</title>
<description><![CDATA[<p>Honda has announced a recall of more than 100,000 motorcycles because of a potential braking problem.&nbsp;As <a href="http://www.robertnkatz.com/motorcycle-accident-lawyer-atlanta-1027215.html">personal injury lawyers</a> know well, braking problems with motorcycles significantly increases the risk of a motorcycle accident and serious personal injury. The National Highway Traffic Safety Administration which announced the <a href="http://www.washingtonpost.com/business/industries/subrau-recalls-3-car-models-honda-recalls-1-motorcycle-because-of-braking-problems/2011/12/05/gIQAi9YUWO_story.html"><font color="#0000ff">recall</font></a>, says that the recall covers the 2001-10 and 2012 GL1800 models of touring motorcycles marketed as GoldWings.</p>
<p>According to Honda, the problem lies with a potential rear brake issue - the rear brake may be at least partially applied even after it has been released.&nbsp;If the motorcyclist continues riding with a partially engaged brake, it may generate enough heat to cause a fire in the rear brakes.&nbsp;Also, when a motorcyclist rides with an engaged brake, it could increase the risks of an accident.&nbsp;</p>
<p>Honda informed the National Highway Traffic Safety Administration that it learned about the potential problem in July 2010.&nbsp;A Honda motorcycle user had just finished riding his motorcycle, when there was a small explosion a few minutes after he finished riding.&nbsp;He saw flames emerging from the rear brake area.&nbsp;There were no injuries in that incident, and the motorcyclist was able to use an extinguisher to put out the flames.&nbsp;</p>
<p>However, Honda took about 16 months to verify the existence of the problem, and to determine the appropriate course of action.&nbsp;In the United States alone, the company was aware of at least 26 similar complaints of rear brake problems, including dragging, and at least 2 fires.&nbsp;The recall is expected to commence in January.&nbsp;If you own a Honda motorcycle that has been included in the recall, you are advised to contact your dealer for details about repairs.</p>]]><![CDATA[<p>A motorcyclist involved in an accident may be at a higher risk of being injured or killed than motorists and occupants of cars involved in accidents.&nbsp;According to the data from the US Department of Transportation&rsquo;s Fatality Analysis Reporting System, 4,281 motorcyclists were killed in accidents in 2009.&nbsp;Out of these, more than 1,900 accidents did not involve another vehicle.&nbsp;</p>
<p>Shoddy repairs, inadequate maintenance or defective parts in a motorcycle can increase the risks of an accident.&nbsp;Proper maintenance of the motorcycle is a major part of safety training for motorcyclists.&nbsp;Make sure that the motorcycle wheels are in perfect condition and safe to ride on.&nbsp;Your motorcycle tires are the only parts of your vehicle that are in direct contact with the road surface, and it's important to make sure that they can handle wear and tear.&nbsp;</p>
<p>Check for tire tread depth, and weathering.&nbsp;Look out for bulges and embedded objects in a motorcycle tire.&nbsp;Don't forget to check for motorcycle tire pressure.&nbsp;Look out for bent, broken or missing spokes in a wheel, and cracked and worn-out seals.&nbsp;Make sure the battery, headlamp, and lights are in perfect condition.&nbsp;Make sure that your turn signals are flashing correctly and that the mirrors are crack-free and clean.&nbsp;&nbsp;</p>
<p><i>The </i><a href="http://www.robertnkatz.com/motorcycle-accident-lawyer-atlanta-1027215.html"><i>Atlanta motorcycle accident lawyers</i></a><i>at the Katz Law Firm represent persons who have been injured in motorcycle accidents in the metro Atlanta region and across Georgia. </i></p>]]></description>
<link>http://www.georgiainjurylawblog.com/archives/motorcycles-honda-recalls-motorcycles-due-to-braking-problem-high-risk-of-motorcycle-accident.html</link>
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<category>Motorcycles</category><category>Product Liability</category>
<pubDate>Wed, 11 Jan 2012 21:13:09 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>Indiana Offers $300,000 Wrongful Death Settlement to Families of Victims of Stage Collapse</title>
<description><![CDATA[<p>The state of Indiana has offered a settlement of $300,000 to families of each of the 7 people <a href="http://www.chicagotribune.com/news/local/sns-ap-in--indianafair-stagecollapse,0,4253433.story">who were killed during a stage collapse</a> at the Indiana State Fair in August. This amount is substantially below the settlement value of these types of wrongful death claims. &nbsp;The rest of the $5 million compensation fund will be paid out to people who suffered a personal injury during the stage collapse. As <a href="http://www.robertnkatz.com/injury-accident-lawyer-Atlanta-1277296.html"><span><font color="#800080">personal injury attorneys</font></span><span> are well aware, when a government entity is involved, victims are seldom fully compensated for their injuries or the death of their loved ones. </span></a></p>
<p>The stage collapse accident occurred at the Indiana State Fair in Indianapolis on August 13.&nbsp;Rigging on the stage collapsed in the late hours of the evening, killing 4 people immediately.&nbsp;One other person died the morning after the accident, and 2 other persons died in the days after the collapse.&nbsp;More than 40 persons were injured in the collapse.&nbsp;Just before the collapse, fair organizers and security officials had noticed strong winds measuring 77 mph, and had even been considering postponing the concert by Sugar Land that was due to take place.&nbsp;However, those plans to postpone the concert never materialized.</p>
<p>Under Indiana's liability laws, the state&rsquo;s liability in an accident like this is restricted to $5 million.&nbsp;Now, the state has proposed its plans to divide the $5 million.&nbsp;The state is offering a settlement of $300,000 to the families of each person killed in the collapse.&nbsp;Families of victims, who had been hospitalized before their deaths, are likely to receive additional compensation.&nbsp;More than 60 other persons were injured in the collapse, and they will be compensated from the remainder of the $5 million fund.&nbsp;The compensation for those were injured in the accident, is likely to depend on the severity of the injuries.&nbsp;Some of the injured are being offered settlements that amount to just about 60% of their total documented medical expenses.&nbsp;One of the injured, who was left paralyzed, has been offered compensation of $500,000.</p>
<p>According to the Indiana Atty. Gen., its office found it a challenge to decide on the amount of compensation to each of the victims.&nbsp;The Atty. Gen.'s Office has had some assistance in designing the compensation plan from Kenneth Feinberg, who helped design the compensation plans after the 9/11 terrorist attacks and the Virginia Tech Shootings.&nbsp;</p>]]><![CDATA[<p>Families of the victims who were killed and the people who were injured have not decided whether to accept the settlement.&nbsp;A decision on that is expected soon.&nbsp;However, if the settlement is accepted, then these victims will not be able to file any personal injury lawsuit or wrongful death lawsuit against the state in the future.&nbsp;However, some of the injured have already filed lawsuits against the state, challenging the liability cap, which restricts the amount of money that can be paid out to injured victims.&nbsp;Victims who have been injured and families of those killed in the Indiana State Fair stage collapse have also filed lawsuits against other entities that they claim were responsible for the accident.&nbsp;</p>
<p><i>The </i><a href="http://www.robertnkatz.com/injury-accident-lawyer-Atlanta-1277296.html"><i><font color="#800080">Atlanta personal injury lawyers</font></i></a><i> at the Katz Law Firm represent persons who have been injured due to the negligence of others in the metro Atlanta region and across Georgia.</i></p>]]></description>
<link>http://www.georgiainjurylawblog.com/archives/wrongful-death-indiana-offers-300000-wrongful-death-settlement-to-families-of-victims-of-stage-collapse.html</link>
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<category>Premises Liability</category><category>Product Liability</category><category>Wrongful Death</category>
<pubDate>Wed, 28 Dec 2011 10:55:23 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>More Than 300,000 Harley Motorcycles Recalled Due to Brake Light Failure - Product Liability Claims likely</title>
<description><![CDATA[<p>Harley-Davidson Inc. is <a href="http://www.google.com/hostednews/ap/article/ALeqM5g7sgp_UhUMV5swza_e_RYvnPJRRg?docId=b3ab529d66384bfcbfe41debe6c9bfb0">announcing a recall</a> of more than 308,000 motorcycles.&nbsp;The recall is being blamed on a potential brake light failure problem. These types of product defects can pose a significant risk to riders, greatly increasing the likelihood of motorcycle accident. Drivers often have trouble seeing motorcycles and, therefore, an inoperative brake light will make it even more difficult for them to observe a motorcycle stopping. Unfortunately, motorcycle accidents often result in severe personal injury and wrongful death.</p>
<p>According to the company, the brake light switches on its motorcycles can be exposed to excessive heat from the exhaust system, causing the brake lights to fail.&nbsp;This failure can cause a fluid leak, as well as the loss of the rear braking system. The loss of the rear braking system is likely to result in product liability claims since they are highly likely to cause a serious injury or death. <a href="http://www.robertnkatz.com/motorcycle-accident-lawyer-atlanta-1027215.html"><span><font color="#800080">Atlanta motorcycle accident lawyers</font></span></a> have regularly encouraged riders to get their bikes regularly checked, but this is the type of issue that could not have been identified through regular maintenance absence a warning from the manufacturer.</p>
<p>According to the company, the Touring, CEO and Trike motorcycles are included in the recall.&nbsp;These motorcycles are from the 2009 to 2012 model years.&nbsp;The motorcycles were manufactured between June 2008 and September 2011.&nbsp;The company has already begun the process of notifying all Harley motorcycle owners about the recall.&nbsp;Owners of Harley motorcycles that are included in this recall are advised to visit their dealers for installation of a new rear brake light switch kit.&nbsp;The recall involves approximately 241,000 motorcycles in the United States, with the remainder in other countries.&nbsp;</p>
<p>According to Harley-Davidson Inc., the problem came to light in June 2010, when it received a report of a Trike motorcycle losing its rear brake light.&nbsp;While the company was investigating this accident, it received a report of a similar incident in Louisiana.&nbsp;The Louisiana accident resulted in injuries to one person.&nbsp;The company began an investigation into the Louisiana accident, but has not yet been able to determine whether the rear brake light problem caused that accident.&nbsp;According to the company, it is not aware of any other accidents or injuries associated with the problem.</p>]]><![CDATA[<p>Most motorcycle accidents that <a href="http://www.robertnkatz.com/motorcycle-accident-lawyer-atlanta-1027215.html"><font color="#800080">Atlanta motorcycle accident lawyers</font></a> come across occur as a result of motorist negligence or failure to yield.&nbsp;Other accidents are caused by excessive speeding by motorists or drunk drivers.&nbsp;However, many motorcycle accidents every year are caused due to defective motorcycle parts, motorcycle malfunctioning or lack of maintenance.</p>
<p>Motorcycle accidents may occur because of brake and tire failures, failure of the shock absorbers, and chain failures.&nbsp;Motorcycles that come with defective parts, like defective pedals may also be at a higher risk of being involved in an accident.&nbsp;</p>
<p>Additionally, motorcyclists who wear defective helmets may have a higher risk of being injured in an accident.&nbsp;Only purchase motorcycle helmet laws that are approved by the Department of Transportation.&nbsp;<a href="http://www.robertnkatz.com/motorcycle-accident-lawyer-atlanta-1027215.html"><font color="#800080">Atlanta motorcycle accident lawyers</font></a> have been concerned to see a growing trend of using novelty motorcycle helmets that look sleek and stylish, but do nothing to protect the motorcyclist during an accident.&nbsp;Motorcyclists who are wearing a non-approved helmet may assume that they are protected from serious injuries, when the reality is otherwise.</p>
<p>What <a href="http://www.robertnkatz.com/motorcycle-accident-lawyer-atlanta-1027215.html"><font color="#800080">Atlanta motorcycle accident attorneys</font></a> would really like to see is motorcycles made safer with mandatory installation of antilock braking systems.&nbsp;Studies have indicated that the installation of these braking systems can reduce the number of serious motorcycle accidents.</p>
<p><i>The Atlanta motorcycle accident lawyers at the Katz Law Firm represent persons injured in motorcycle accidents in the Metro Atlanta region and across Georgia.</i></p>]]></description>
<link>http://www.georgiainjurylawblog.com/archives/motorcycles-more-than-300000-harley-motorcycles-recalled-due-to-brake-light-failure-product-liability-claims-likely.html</link>
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<category>Motorcycles</category><category>Product Liability</category>
<pubDate>Fri, 18 Nov 2011 08:10:39 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>CPSC Product Safety Database Hit with First Lawsuit - Effort to limit likelihood of Product Liability Claims</title>
<description><![CDATA[<p>This was something that <a href="http://www.robertnkatz.com/injury-accident-lawyer-Atlanta-1277296.html">Atlanta personal injury lawyers</a> had been expecting.&nbsp;Ever since the Consumer Product Safety Commission database that allows consumers to upload complaints about products went online, the attorneys at our law firm have been expecting manufacturers to challenge the manner in which the database allows consumers to publicly post complaints about products.&nbsp;That is exactly what has now happened.&nbsp;An unidentified company has <a href="http://www.washingtonpost.com/business/economy/cpsc-database-faces-first-legal-challenge/2011/10/18/gIQAtpKivL_story.html">filed a lawsuit</a> to block the Consumer Product Safety Commission from posting what it describes as &ldquo;baseless allegations&rdquo; about one of its products.</p>
<p>The database in question here is located on the website <a href="http://saferproducts.gov/">saferproducts.gov</a>.&nbsp;The website is operated by the Consumer Product Safety Commission, and the establishment of the website was one of the provisions of the Consumer Product Safety Improvement Act of 2008.&nbsp;That law had been passed after a tumultuous couple of years for product safety in the country.&nbsp;Millions of children's products and toys had been recalled for high lead content levels, and a number of other deficiencies.&nbsp;The database serves as an early identifier of products which contain defects which may result in severe personal injury or wrongful death.</p>
<p>The database which was launched in March this year, allows consumers to upload complaints about products.&nbsp;These complaints are posted online, and are publicly accessible.&nbsp;Other consumers can view these complaints, and make informed decisions about the products they want to buy.&nbsp;Consumers can post complaints about thousands of products.&nbsp;Manufacturers are given the opportunity to review these complaints, and post their responses.</p>
<p>Manufacturers have been against the establishment of the database from the word &ldquo;Go.&rdquo;&nbsp;According to them, the database does not give them enough time to respond to a complaint.<span>&nbsp;&nbsp; Manufacturer fears that these complaints will be used by personal injury attorneys during a product liability lawsuit, have been paramount.</span></p>]]><![CDATA[<p>Now, a company has filed a lawsuit against the Consumer Product Safety Commission.&nbsp;The lawsuit has been filed in a federal court in Maryland.&nbsp;The lawsuit seeks to stop the Consumer Product Safety Commission from making public a specific safety incident involving a product.&nbsp;A child was allegedly harmed in that safety incident.&nbsp;The company also wants to keep any relevant documentation and papers under seal.&nbsp;The Consumer Product Safety Commission has said that it will file a motion to have the documents unsealed.</p>
<p>For too long, <a href="http://www.robertnkatz.com/product-liability-lawyer-atlanta-1027219.html">Atlanta product liability attorneys</a> have found consumers using dangerous and sometimes deadly products, simply due to of lack of information.&nbsp;The Consumer Product Safety Commission's recall system has been set up in a manner that delays recalls.&nbsp;Years often can pass from the time a product causes an injury to a person, to the time a recall is announced.&nbsp;During this period of time, the products may be used by thousands of other consumers, placing them all at risk of serious injuries.&nbsp;The CPSC database allows consumers to get the information they need as quickly as possible.</p>
<p><i>The </i><a href="http://www.robertnkatz.com/product-liability-lawyer-atlanta-1027219.html"><i>Atlanta product liability attorneys</i></a><i> at the Katz Law Firm represent persons injured by the use of defective products across Georgia.</i></p>]]></description>
<link>http://www.georgiainjurylawblog.com/archives/product-liability-cpsc-product-safety-database-hit-with-first-lawsuit-effort-to-limit-likelihood-of-product-liability-claims.html</link>
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<category>Product Liability</category>
<pubDate>Mon, 31 Oct 2011 08:16:35 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>Man Receives $48 million Award for Motrin Related Injury Lawsuit</title>
<description><![CDATA[<p>A man, who suffered severe skin rashes and blood blisters from the use of the painkiller Motrin, <a href="http://www.azcentral.com/business/articles/2011/10/04/20111004MotrinLawsuit1004.html"><font color="#0000ff">has been awarded $48 million for his injuries</font></a>.&nbsp;The verdict came in California in a product liability lawsuit that has been closely watched by <a href="http://www.robertnkatz.com/injury-accident-lawyer-Atlanta-1277296.html"><font color="#0000ff">Atlanta personal injury lawyers</font></a>. There are significant number of product liability claims arising out of ibuprofen pending in the United States. These cases include both serious personal injuries and wrongful death claims.</p>
<p>The plaintiff, a 22-year-old Southern California man says that he was 16 years old when he took Motrin for the treatment of aches and fever.&nbsp;That was in October 2005.&nbsp;What happened next was something he did not expect in his wildest dreams.&nbsp;His skin quickly erupted into lesions, and his mouth started filling up with blood blisters.&nbsp;</p>
<p>The man filed a lawsuit against McNeil Consumer Healthcare, a subsidiary of Johnson &amp; Johnson and the manufacturer of Motrin.&nbsp;According to the lawsuit, the drug, which is easily available over the counter, did not come with enough warning about side effects.</p>
<p>The active ingredient in Motrin is ibuprofen, which is used for the management of mild pain and fever.&nbsp;Motrin belongs to a class of drugs called nonsteroidal anti-inflammatory drugs, which includes a number of other painkillers, including diclefenac.&nbsp;The health hazards associated with nonsteroidal anti-inflammatory drugs use have recently become clear.</p>]]><![CDATA[<p>Last month, a study found that persons may be at a high risk of developing heart disorders from the use of nonsteroidal anti-inflammatory drugs.&nbsp;The study found that taking a daily dose of these painkillers can increase the risk of a heart attack or stroke by almost 40%.&nbsp;</p>
<p>Some nonsteroidal anti-inflammatory drugs may be more dangerous than others.&nbsp;For instance, the researchers found that persons who used diclofenac regularly had a 2/5<sup>th</sup> &nbsp;higher risk of suffering heart problems.&nbsp;Persons on Ibuprofen had an 18% higher risk of suffering a heart attack or stroke. In fact, doctors have recommended that persons with a history of heart attacks, strokes or hypertension regulate their use of nonsteroidal anti-inflammatory drugs like ibuprofen, in order to reduce health risks.&nbsp;</p>
<p>Nonsteroidal anti-inflammatory drugs are used to lower low-temperature and for the treatment of mild pain.&nbsp;They are also used to reduce swelling.&nbsp;These drugs are commonly available over-the-counter.&nbsp;In recent years, there has been a lot of scrutiny of the health risks of over-the-counter painkillers.&nbsp;Most Americans don't think twice about popping a painkiller for a headache or backache.&nbsp;Such indiscriminate use of these painkillers may be ill-advised, even though they're easily available over-the-counter.&nbsp;</p>
<p>As this Motrin lawsuit shows, many of these nonsteroidal anti-inflammatory drugs come with side effects.&nbsp;Most of the side effects may not be dangerous or life-threatening, but some are.&nbsp;For instance, ibuprofen comes with side effects that include headaches, dizziness, and anxiety.&nbsp;Some persons may suffer from ear tinnitis or a ringing or buzzing sound in the ear.&nbsp;These are mild side effects, and may be no cause for alarm.&nbsp;However, if the side effects include blurred or double vision, disorientation, slurring, lack of focus, blood blisters, skin peels, and extensive rashes, <a href="http://www.robertnkatz.com/injury-accident-lawyer-Atlanta-1277296.html"><font color="#0000ff">Atlanta personal injury lawyers</font></a> recommend that you seek emergency medical help.</p>]]></description>
<link>http://www.georgiainjurylawblog.com/archives/product-liability-man-receives-48-million-award-for-motrin-related-injury-lawsuit.html</link>
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<category>Product Liability</category>
<pubDate>Tue, 18 Oct 2011 08:51:33 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>FDA Likely to Declare Surgical Mesh Devices as High-Risk Because of Injury Hazards - Product Liability Claims Likely</title>
<description><![CDATA[<p>Under pressure from consumer safety advocates and <a href="http://www.robertnkatz.com/product-liability-lawyer-atlanta-1027219.html"><font color="#0000ff">product liability attorneys</font></a>, the Food and Drug Administration is likely to soon <a href="http://www.bloomberg.com/news/2011-08-31/u-s-may-classify-surgical-mesh-devices-as-high-risk-fda-says.html">limit access to surgical mesh devices</a> because of the high risk of personal injury and complications resulting from the use of these. The Food and Drug Administration has confirmed that it will soon review the safety of the devices, which are used to treat pelvic organ prolapse in women.&nbsp;In this condition, the uterus and other organs shift from their position, and protrude through the body.&nbsp;The condition is frequently seen in women after childbirth.&nbsp;A surgical mesh device is used to keep the protruding organs in place.&nbsp;These devices are implanted transvaginally.</p>
<p>However, the Food and Drug Administration has been aware of complaints involving complications in women who had been implanted with surgical mesh products, for a while now.&nbsp;According to the Food and Drug Administration, between January 2008 and December 2010, it received more than 1,500 complaints of complications associated with the use of surgical mesh products.&nbsp;In July, the agency issued a safety warning about the products.&nbsp;Most of the complaints alleged chronic pain after the insertion of the surgical mesh.&nbsp;Women have also reported complaints about painful sexual intercourse.</p>
<p>What has seemed really outrageous to <a href="http://www.robertnkatz.com/product-liability-lawyer-atlanta-1027219.html"><font color="#0000ff">Atlanta product liability attorneys</font></a> is that many women, who have had these surgical mesh products implanted and now face chronic and consistent pain, could have been treated even without the use of these devices.&nbsp;Doctors now believe that an unknown number of women may have had surgical mesh produces implanted to treat pelvic organ prolapse, when there are noninvasive techniques that can help treat the condition. &nbsp;In fact, the Food and Drug Administration believes that the use of surgical mesh product exposes patients to more severe injury risks, compared to traditional non-mesh repairs.&nbsp;The increased risk from the use of the surgical mesh does not translate into higher benefits for these patients.&nbsp;The Food and Drug Administration says that it has not seen any evidence to indicate that the use of the surgical mesh treats the condition any better than non-mesh procedures.</p>
<p>Consumer safety groups have been vocal about appealing to the Food And Drug Administration&nbsp;to recall these products from the market.&nbsp;These devices are currently classified as moderate risk, but consumer groups want the products to be banned from the market altogether.&nbsp;These products were approved through the Food and Drug Administration&rsquo;s fast track 510 (k) approval process that is often used to approve medical devices that are similar to those already in the market.&nbsp;This controversial approval process has been used to approve hundreds of devices over the years, and is widely favored by medical device makers, because it allows them to get their devices approved without going through the usual procedures under traditional approval methods.</p>
<p><i>The </i><a href="http://www.robertnkatz.com/product-liability-lawyer-atlanta-1027219.html"><i><font color="#0000ff">Atlanta product liability lawyers</font></i></a><i> at the Katz Law Firm represent victims who have been injured through the use of defective products across Georgia.</i></p>]]></description>
<link>http://www.georgiainjurylawblog.com/archives/product-liability-fda-likely-to-declare-surgical-mesh-devices-as-highrisk-because-of-injury-hazards-product-liability-claims-likely.html</link>
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<category>Product Liability</category>
<pubDate>Wed, 12 Oct 2011 08:16:05 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>Table Saw Injuries in Atlanta are Preventable making Product Liability Claims more likely</title>
<description><![CDATA[<p>Thousands of persons are injured every year in table saw accidents, many of them occurring in Georgia.&nbsp;These horrific injuries include amputations and involve not just woodworkers and other workers, but also DIY fans.&nbsp;<a href="http://www.robertnkatz.com/injury-accident-lawyer-Atlanta-1277296.html">Personal injury attorneys</a>&nbsp;and <a href="http://www.robertnkatz.com/workers-compensation-lawyer-atlanta-1262751.html">Workers&rsquo; Compensation lawyers</a> have been regularly pointing out that the technology to prevent these accidents not only exists, but has also been widely proven to prevent amputations and other injuries from table saw accidents.&nbsp;However, the technology has been widely resisted by the manufacturer lobby.&nbsp;That might soon change.</p>
<p>Last week, the National Consumers League accompanied by injured workers traveled to Washington to meet with representatives of the Consumer Product Safety Commission.&nbsp;Also attending were manufacturers of table saws who took the opportunity to demonstrate the latest guarding technology that they have developed to prevent table saw-related injuries.&nbsp;Unfortunately, the guarding technology that these manufacturers have developed is cumbersome to use and not very popular.</p>
<p>The technology that can actually prevent these injuries however has been developed by an inventor called Steven Gass.&nbsp;The technology, SawStop works by using electrical sensors to detect a human finger.&nbsp;When a finger is detected, the blade comes to a stop within a few one thousandths of a second.&nbsp;The technology promises to virtually eliminate fingertip amputations from table saw-accidents, but the manufacturer lobby believes that mandating SawStop on all tools, would give its maker a monopoly.</p>
<p>SawStop is now in use in table saws that are manufactured by Gass&rsquo; own company.&nbsp;He has offered to license the technology out to other manufacturers, so they can use it in their table saws, but says he has been rejected every time.&nbsp;Manufacturers are simply not interested in investing more dollars in a feature that they don't believe can boost sales.</p>]]><![CDATA[<p>The National Consumers League wants that to change.&nbsp;It is pushing the Consumer Product Safety Commission to mandate SawStop to prevent these injuries.&nbsp;The Consumer Product Safety Commission has a unique opportunity here to place the safety of ordinary Americans above the concerns of the manufacturer lobby.&nbsp;Every year, an approximate 40,000 Americans are injured in table saw-related accidents.&nbsp;It's appalling that these people continue to be injured every day even though the technology to prevent table saw-accidents has been out there for a while now.&nbsp;The Consumer Product Safety Commission needs to pressure manufacturers to make their tools safer for all Americans to use.</p>
<p>Fingertip amputations can be serious injuries, and can have a devastating impact on a person's life.&nbsp;For instance, a person&rsquo;s ability to earn a living may be severely impacted by an injury like this.&nbsp;A woodworker, who relies heavily on finger coordination and finger dexterity in order to perform his duties, may be unable to return to work after a fingertip amputation.&nbsp;Even other workers, who rely on their hands to perform manual labor, may not be able to return to the same work that they were performing earlier, as a result of their injuries. See, <a href="http://www.npr.org/2011/06/18/137258370/if-table-saws-can-be-safer-why-arent-they">Table Saw Injuries Preventable</a>.</p>]]></description>
<link>http://www.georgiainjurylawblog.com/archives/product-liability-table-saw-injuries-in-atlanta-are-preventable-making-product-liability-claims-more-likely.html</link>
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<category>Product Liability</category>
<pubDate>Tue, 21 Jun 2011 11:26:12 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>Used Car Buyers in Atlanta Face Auto Accident Risks</title>
<description><![CDATA[<p>People who buy used cars in Atlanta may be at risk of a car accident when they purchase recalled cars, but have not been informed of the recall.&nbsp;Loopholes in federal policies allow used-car dealers to sell recalled cars without making buyers aware of this information.&nbsp;In fact, federal policies are so lax that they don't even require automobile manufacturers to inform used-car dealers about a recall.&nbsp;Manufacturers are only required to inform their franchise dealers about recalled vehicles.</p>
<p>Besides, even if used-car dealers and franchise dealers are made aware of any recall information, they are not required to fix these cars before they're sold.&nbsp;As a <a href="http://www.robertnkatz.com/car-accident-lawyer-atlanta-1027205.html"><font color="#0000ff">car accident lawyer</font></a>, the Government Accountability Office report which indicates the serious dangers facing people who unknowingly buy defective used cars is a call to action.</p>
<p>What should be even more shocking to Atlanta buyers is that these car dealers are not even required to inform consumers about the recall before these cars are sold.&nbsp;The National Highway Traffic Safety Administration does not even have the authority to order dealers to make repairs to the recalled cars, or inform consumers about the recalls before they sell the cars.</p>
<p>In this entire mess, it is buyers of used cars who suffer.&nbsp;With the number of auto recalls that are announced in the United States every year, it's not possible for a buyer to be aware of each and every recall bulletin.&nbsp;Such people may go ahead and buy a used car unaware that it has been included in a recall list for a potentially serious safety issue.&nbsp;These people may go ahead and buy the car, without getting it fixed, and without any idea of the safety hazards they face.</p>]]><![CDATA[<p>The Government Accountability Office minces no words when it outlines the clear dangers to consumers who buy these vehicles.&nbsp;According to the report, this is a serious risk to millions of people who buy used, and possibly defective, cars every year.&nbsp;The used-car business is a huge industry in the United States.&nbsp;In the year 2009 alone, an estimated 35 million cars were sold in the country, and of these, 11 million were bought at used-car dealers.</p>
<p>Dealers of used cars say that they do not have access to the kind of information they need to make consumers aware of a recall.&nbsp;For example, there is no database that they can check against to make sure that the vehicle has not been included in the recall.&nbsp;According to them, if there was a single database that they could go through using the Vehicle Identification Number, then they could find out if a particular model is slated for recall-related repairs.&nbsp;</p>
<p>The National Automobile Dealers Association is putting the onus for getting information about recalled vehicles on used-car dealers.&nbsp;According to the group, used-car dealers should check with the franchise dealers to see if all recall-related repairs have been made.&nbsp;This is a cumbersome process that is not likely to be popular in the industry.</p>]]></description>
<link>http://www.georgiainjurylawblog.com/archives/auto-accident-claims-used-car-buyers-in-atlanta-face-auto-accident-risks.html</link>
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<category>Auto Accident Claims</category><category>Product Liability</category>
<pubDate>Mon, 20 Jun 2011 11:09:12 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>Product Liability actions likely after Popular Diabetes Drug Avandia pulled from Shelves</title>
<description><![CDATA[<p>Soon the popular diabetes medication <i>Avandia</i> will <a href="http://yourlife.usatoday.com/health/medical/heartdisease/story/2011/05/Diabetes-drug-Avandia-to-be-pulled-from-retail-shelves/47316450/1">no longer be available</a> on the shelves of drugstores, says the U.S. Food and Drug Administration. As an Atlanta injury lawyer, I am glad to see the drug off the shelves. In my opinion, the risk of serious injury appears too great. <span>Formerly known as</span><em>Rosiglitazone, </em>GlaxoSmithKline began marketing the product under the trade name <i>Avandia</i> in 1999, following initial approval by the FDA. Annual sales reached a high of $3.2 billion in 2006, but declined after reports of adverse effects. In fact, the drug has been plagued with liability issues ever since 2007 when a study was released by Dr. Steven Nissen, chief of cardiovascular medicine at the Cleveland Clinic. The study showed the drug increased risk of heart attack by 40 percent in people who had Type II Diabetes, prompting the FDA to require that it be packaged with a Black Box Warning.</p>
<p>Between 60,000 to 200,000 people suffered heart attacks and/or death, during the 11 year span that <i>Avandia</i> monopolized the market, and millions were prescribed the drug.</p>
<p>Beginning November 18, 2011, the drug will only be available through doctors who have fully disclosed the risks to their patients and are certified to prescribe it.Under the new Avandia-Rosiglitazone Medicines Access Program, the FDA will limit the drug's use to patients who have already been safely treated with it, those whose blood sugar can't be controlled with other medications and those who, when informed of the risk, still prefer <i>Avandia</i> to other drugs. Rosiglitazone will only be available to enrolled patients by mail order from certified pharmacies participating in the programand <i>Avandia </i>and<i> Actos</i>, which was approved in 1999, will be offered as its alternative<i>.</i></p>
<p>Glaxo will start telling pharmacists and physicians about the new program within the 60 day window allowed by the FDA, and implement the changes at or before that time, said Mary Anne Rhyne, a company spokeswoman, in an e-mailed statement to <a href="http://www.bloomberg.com/news/2011-05-18/glaxo-s-diabetes-drug-avandia-pulled-from-u-s-pharmacies.html"><i>Bloomberg News</i></a>. Patients shouldn&rsquo;t abruptly stop taking their diabetes medicines without first discussing it with their doctors, she said.</p>
<p>More than 23 million Americans are thought to suffer from Type II Diabetes.</p>
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<link>http://www.georgiainjurylawblog.com/archives/product-liability-product-liability-actions-likely-after-popular-diabetes-drug-avandia-pulled-from-shelves.html</link>
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<category>Product Liability</category>
<pubDate>Mon, 30 May 2011 11:30:25 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>Nursing Home Residents At Risk from Overmedication</title>
<description><![CDATA[<p>A report by the Department of Health and Human Services finds that a shocking 80% of elderly nursing home residents in the country <a href="http://www.huffingtonpost.com/2011/05/10/big-pharmas-overmedicating-nursing-home_n_859947.html">have been administered antipsychotic medications, for off-label purposes</a>.&nbsp;Because these medications have a high risk of deaths, it is statistically likely that some of the patients died as a result of the use of these medications. The off-label use of these medications raises the likelihood of claims for nursing home abuse, medical malpractice and product liability. Atlanta injury attorneys will need to closely monitor the developments in this area and will likely get calls from families of patients who were treated with these medications.</p>
<p>According to the report, out of 300,000 nursing home residents studied in 2007, approximately 90% received powerful anti-psychotic medications that are typically used for the treatment of schizophrenia and bipolar disorder.&nbsp;There are studies to prove that elderly persons who receive antipsychotic medications can be at a high risk of death.&nbsp;In spite of this, these vulnerable persons were overmedicated, and there is no reason to believe that things have changed dramatically between 2007 and now.&nbsp;</p>
<p>Moreover, it seems highly likely that the pharmaceutical industry has been behind this overmedication of nursing home residents.&nbsp;One of the ways in which pharmaceutical companies increase their profits is by promoting off-label uses of their drugs.&nbsp;An off-label use of a drug is one which has not been approved by the Food and Drug Administration.&nbsp;Doctors can prescribe a drug for off-label uses, but a company is not allowed to market the drug for these purposes.</p>
<p>However, as <a href="http://www.robertnkatz.com/nursing-abuse-lawyer-atlanta-1314680.html">Atlanta nursing home abuse attorneys</a> have noted in the past, that hasn't really stopped pharmaceutical companies from aggressively promoting off-label uses of their drugs, especially among elders.&nbsp;The more numbers of uses these drugs are prescribed for, the higher the profits for the company.&nbsp;</p>
<p>In addition, the report also found that one in five residents in nursing homes have been administered these drugs in a manner that violates federal standards for their use.&nbsp;These patients were either given dosages that were too high or were on the medication for too long a period of time.</p>]]></description>
<link>http://www.georgiainjurylawblog.com/archives/nursing-home-abuse-nursing-home-residents-at-risk-from-overmedication.html</link>
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<category>Elderly</category><category>Medical Malpractice</category><category>Nursing Home Abuse</category><category>Nursing Homes</category><category>Product Liability</category>
<pubDate>Fri, 13 May 2011 08:18:50 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>Spotlight on Burn Injury Risks from Defective Car Seat Heaters</title>
<description><![CDATA[<p>During some of the freezing winter days that <a href="http://www.robertnkatz.com/">Atlanta personal injury lawyers</a> and residents suffered over the past few months, cars with seat heaters seemed akin to a blessing from above.&nbsp;However, there are serious burn injury risks linked to the car seat heaters found in many popular auto models.&nbsp;The burn injury risk is especially significant for the disabled and physically challenged persons. Car accidents may happen, but this is a preventable injury.</p>
<p>In fact, just about every other auto manufacturer has, at some point, recalled car seat heaters for malfunctioning.&nbsp;However, the National Highway Traffic Safety Administration has never found the need to act on incidents where the car seat heaters have heated to levels beyond human tolerance.&nbsp;Now, a group of safety advocates has <a href="http://www.usatoday.com/money/autos/2011-02-22-hotseats22_ST_N.htm"><font color="#0000ff">asked the federal administration to look closer at defective and malfunctioning car seat heaters that have caused serious burn injuries</font></a>.</p>
<p>The risk of burn injuries from defective car seat heaters is the highest among the disabled and physically challenged.&nbsp;These people may have limited or no sensation in their lower limbs, which means that when a car seat heater heats up to dangerously high levels, the person only finds out that he's being burnt when it is too late.&nbsp;Some of these people have ended up with third-degree burns.&nbsp;&nbsp;Currently, there are no federal standards in place for car seat heaters, and that has meant consumers are using seat heaters that are not required to meet any safety standards.&nbsp;&nbsp;Very often, car seat heaters do not come with a switch on/off mechanism that allows a person to switch off the heater when it is warming up to intolerable levels.&nbsp;</p>
<p>Now, safety advocates have sent a letter to the National Highway Traffic Safety Administration and the Alliance of Automobile Manufacturers, calling on them to treat this issue with the seriousness it deserves.&nbsp;They are specifically calling on the AAM to establish a maximum temperature for car seat heaters, and install automatic timers that switch off the heater when it becomes too hot.&nbsp;</p>]]></description>
<link>http://www.georgiainjurylawblog.com/archives/burn-injury-spotlight-on-burn-injury-risks-from-defective-car-seat-heaters.html</link>
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<category>Burn Injury</category><category>Product Liability</category>
<pubDate>Thu, 10 Mar 2011 06:00:41 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>Study Underscores Need for Side Impact Protection During Atlanta Accidents</title>
<description><![CDATA[<p>
<p>The Insurance Institute for Highway Safety has been issuing its much anticipated ratings for auto accident and injury protection for years now.&nbsp;A new analysis by the Insurance Institute <a href="http://wheels.blogs.nytimes.com/2011/01/19/crash-study-highlights-need-for-better-side-impact-protections/">shows that drivers of vehicles driving a car with a high rating by the Institute had an enhanced chance of surviving a side impact auto accident</a>, compared to drivers of vehicles that did not have a good rating.</p>
<p>The researchers in the analysis tested cars that had side airbags. The tests were conducted at 31 mph. The researchers found that a person's chances of dying in a side impact accident decreased by approximately 70% when his car was rated Good, compared to a car which was rated Poor. A person driving a car that was rated Acceptable was 64% less likely to die in a side impact crash, and a person driving a vehicle rated Marginal was 49% less likely to die in a side impact accident.</p>
<p>Side impact accidents are typically high-injury accidents, because there's little space between the occupant and the other car to cushion the impact. Approximately 23 percent of all auto accident deaths in the US every year are caused in side impact accidents.&nbsp;The serious injuries that <a href="http://www.robertnkatz.com/car-accident-lawyer-atlanta-1027205.html">Atlanta car accident lawyers</a> see in accidents like this are neck injuries, fractures, chest injuries, abdominal injuries, internal injuries and pelvic injuries.</p>
<p>According to the Insurance Institute, the analysis shows that while side airbags do have their role to play in preventing serious injuries or fatalities in side-impact accidents, the structural integrity of a vehicle also matters greatly in preventing these injuries.</p>
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<link>http://www.georgiainjurylawblog.com/archives/product-liability-study-underscores-need-for-side-impact-protection-during-atlanta-accidents.html</link>
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<category>Product Liability</category>
<pubDate>Tue, 25 Jan 2011 16:45:28 -0500</pubDate>
<dc:creator>Robert Katz</dc:creator>

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<title>Did Toyota Try to Mislead Public with WSJ Story</title>
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<p><b>Did Toyota Try to Mislead Public with WSJ Story?</b></p>
<p>The <a href="http://online.wsj.com/article/SB10001424052748703834604575364871534435744.html?mod=WSJ_auto_IndustryCollection">Wall Street Journal</a> ran a story last week, citing sources &ldquo;familiar with the findings&rdquo; that indicated that NHTSA investigations into Toyota&rsquo;s&nbsp;acceleration problems had found driver error had been to blame for most of the cases.&nbsp;According to the Wall Street Journal piece, federal data suggests that many drivers, who blamed defects in their Toyota for these accidents, possibly jammed the accelerator instead of slamming the brakes.</p>
<p>As expected, the Wall Street Journal article created a furor.&nbsp;The National Highway Traffic Safety Administration has been quick to distance itself from the article.&nbsp;An agency representative said that the information used by the WSJ came from Toyota itself, and not from the agency.&nbsp;In other words, the company had planted the story in order to develop a strong case for itself against the hundreds of acceleration-related personal injury and wrongful death lawsuits it's up against.</p>
<p>This week, Toyota retaliated by <a href="http://www.autoblog.com/2010/07/19/followup-toyota-strongly-objects-to-nhtsa-allegations-it-plan/">stressing that it had nothing to do with planting any story in the Wall Street Journal or any other media publication</a>.&nbsp;According to Toyota, it's independent investigations have revealed that so-called &rdquo;pedal misapplication&rdquo; is one of the factors involved in the accident.&nbsp;&ldquo;Pedal misapplication&rdquo; is Toyota's way of saying driver error was to blame for the accident.&nbsp;The company seems to be trying to build a case to blame motorists for all these accidents, and not any defects in the floor mats, accelerator or the electronic throttle control systems.</p>
<p>It has not been a great week for Toyota.&nbsp;On Tuesday, a <a href="http://www.nytimes.com/2010/07/21/business/global/21toyota.html?_r=1&amp;hp">federal grand jury subpoenaed Toyota</a>, and ordered it to submit audit records related to steering rod defects in a 2005 recall.&nbsp;That comes after a federal investigation into the delay in announcing the recall.&nbsp;The company had recalled several models including the Toyota 4Runners from the Japanese market in 2004, for steering rod defects.&nbsp;The company insisted that the same problem did not exist in American Toyota models, and that there was no reason for a recall here.&nbsp;However a few months later in 2005, Toyota recalled approximately 977,000 vehicles in the US for the same problem.</p>
<p><i>The </i><a href="http://www.robertnkatz.com/injury-accident-lawyer-Atlanta-1277296.html"><i>Atlanta personal injury lawyers</i></a><i> at the Katz Law Firm represent injured victims of car/auto/truck accidents in the Atlanta area and across Georgia.</i></p>
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<category>Product Liability</category>
<pubDate>Fri, 23 Jul 2010 15:55:51 -0500</pubDate>
<dc:creator>Lisa Siegel</dc:creator>

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<title>McDonald&apos;s Recall Throws Spotlight on Injury risk from Cadmium Exposure</title>
<description><![CDATA[<p>It doesn't look like McDonald's wants to be at the receiving end of injury claims resulting from parental ire over its massive recall of drinking glasses last week. It is no accident that the company is <a href="http://www.csmonitor.com/Money/new-economy/2010/0608/Small-bonus-in-McDonalds-Shrek-glasses-recall-3-refund-for-2-glass">offering a three dollar refund to parents who come in to return the glasses</a>. The glasses were initially sold for two dollars each. McDonald&rsquo;s clearly recognizes the risk of injury the glasses pose to children.</p>
<p>Last week, McDonald's announced a massive recall of approximately 13.5 million drinking glasses that were painted with characters from the Shrek movies. It was meant to be part of a promotional effort with McDonald's teaming up with the makers of the last of the Shrek movies, Shrek Forever After.&nbsp;Soon, testing showed that the paint, used in the designs of the glasses, contained cadmium, an injury causing substance. The designs featured four Shrek characters including Shrek, Fiona, Donkey and Puss in Boots. As soon as McDonald's found the high cadmium levels in the paint, it informed the Consumer Product Safety Commission, and announced the recall in an effort to stop any child from being injured.&nbsp;Parents who have bought these glasses can return these to the nearest McDonald's restaurant for a refund.</p>
<p>It's also the right time for <a href="http://www.robertnkatz.com/injury-accident-lawyer-Atlanta-1277296.html">Atlanta injury lawyers</a> to focus attention on the risks of cadmium. It seems like concerns over lead-tainted products are slowly declining, and cadmium-related hazards are coming up in their place. Cadmium is a known carcinogen, and is found in shellfish, cigarette smoke and industrial settings.</p>
<p>Studies have indicated that exposure to high levels of cadmium can injure the lungs. Exposure over a period of time, leads to the development of cancer, as well as accumulation of cadmium in the kidneys, possibly contributing to kidney disease. Prolonged exposure has also been linked to loss of bone mineral density. Excessive exposure to cadmium can cause severe stomach irritation. More alarmingly, injuries from the effects of cadmium exposure seem to be amplified in children compared to adults.</p>]]></description>
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<category>Product Liability</category>
<pubDate>Wed, 09 Jun 2010 08:44:30 -0500</pubDate>
<dc:creator>Lisa Siegel</dc:creator>

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<title>Yamaha Rhino Gets Product Liability Verdict for Plaintiff</title>
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</b>A Georgia jury this week awarded a couple, <a href="http://www.law.com/jsp/article.jsp?id=1202459113988&amp;rss=newswire">damages of $317,000 in the first product liability lawsuit related to injuries from Yamaha Rhino All-Terrain Vehicles</a>.</p>
<p>Roger McTaggart was injured in 2007 when his ATV flipped over, trapping his leg. He suffered crushing injuries in the accident. McTaggart filed a lawsuit against Yamaha, alleging defects in the Rhino ATV. According to his attorneys, the accident occurred on a flat piece of land on which it should have been safe to ride an ATV. McTaggart claimed in his lawsuit, that the Yamaha Rhino should've come with doors that would have contained the rider's legs, thereby preventing crushing injuries in case of a rollover..</p>
<p>Not surprisingly, Yamaha insisted that the injuries were caused not because of any inherent stability defect in the Rhino, but simply because the driver operated the vehicle in a reckless manner. It's highly likely that Yamaha will pursue this line of defense in most of the Rhino product liability lawsuits that are pending against it. Yamaha plans to appeal the verdict.</p>
<p>The verdict is likely to encourage plaintiffs&rsquo; attorneys representing clients who have suffered injuries in accidents involving Yamaha Rhino ATVs. This ATV accident resulted in no amputations or other serious injuries. It was considered a test case, and attorneys wanted to see how the case would proceed, and how juries would react to allegations that Yamaha failed to create a safe product.</p>
<p>Now that the jury has returned a verdict in favor of plaintiffs, it bodes well for several Yamaha Rhino product liability lawsuits that are still pending in the state. Most of these product liability lawsuits have been filed in Gwinnett County because Yamaha Motor Corp. USA's registered agent is located in Gwinnett County.</p>
<p><i>The </i><a href="http://www.robertnkatz.com/product-liability-lawyer-atlanta-1027219.html"><i>Atlanta product liability attorneys</i></a><i> at the Katz Law Firm represent injured victims of defective products around Georgia. </i></p>
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<category>Product Liability</category>
<pubDate>Sun, 06 Jun 2010 09:51:33 -0500</pubDate>
<dc:creator>Lisa Siegel</dc:creator>

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<title>Consumer Product Safety Database Available Next Year</title>
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<p><b>New CPSC Database Will Let Consumers Know of Product Injuries Before a Recall</b></p>
<p>The Consumer Product Safety Commission is investing more than $20 million in establishing a searchable database that will make information about product injuries available to consumers before any recall is announced. It&rsquo;s a development that was long overdue, and promises to offer American consumers the kind of information and knowledge they need to make safe choices for their families.</p>
<p>The final details of the <a href="http://newsblogs.chicagotribune.com/the-problem-solver/2010/04/cpsc-to-create-searchable-product-safety-database.html">database</a> have not been established yet. It is likely to be available on saferproducts.gov, and is expected to be online by this time next year. Once up, the database will contain information about literally thousands of consumer products, from gifts, cribs, and strollers to power tools and electronic appliances.</p>
<p>The database will contain information about injury complaints filed by consumers, consumer safety groups, healthcare professionals and other interested parties to the Consumer Product Safety Commission. Unlike the CPSC website, which only allows information about recalled products, the website would have details about injury complaints received from anywhere in the country. Once the database is up, all you have to do to verify the safety of your product is to look it up on the database.</p>
<p>Not everyone is happy with this new development, however. At least two members of the CPSC who voted against the establishment of the database are concerned about malicious information or wrong information making it to the database. Something like this, they argue, could permanently damage a brand&rsquo;s or product&rsquo;s reputation.</p>
<p>These are minor glitches however, and as <a href="http://www.robertnkatz.com/product-liability-lawyer-atlanta-1027219.html">Atlanta product liability attorneys</a>, we remain confident that the CPC will iron out these problems. This much is clear- it's finally time to put product safety power back in the hands of consumers.</p>
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<category>Product Liability</category>
<pubDate>Tue, 20 Apr 2010 16:26:02 -0500</pubDate>
<dc:creator>Lisa Siegel</dc:creator>

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<title>NASA Investigates Toyota Defects</title>
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<p><b><span style="font-size: 12pt; line-height: 115%;"><br />
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<p><span style="font-size: 12pt; line-height: 115%;">The investigation into the causes of acceleration in Toyota vehicles has taken a unexpected turn, with the Obama administration this week </span><a href="http://online.wsj.com/article/SB20001424052702303601504575153653009888036.html"><span style="font-size: 12pt; line-height: 115%;">announcing that it was bringing in NASA scientists to help with the investigation</span></a><span style="font-size: 12pt; line-height: 115%;">.</span></p>
<p><span style="font-size: 12pt; line-height: 115%;">There has speculation for quite a few weeks now that the causes for the acceleration go beyond floor mats or gas pedals. Space radiation experts have put forward the theory that modern vehicles with the massive amount of electronic circuitry they have on board, could be at risk from interference from space radiation. The effects of such radiation on consumer goods like cell phones and computers, have been known for a while now. These space radiation experts believe that Toyota cars, which come with massive amounts of electronics, could be at special risk for interference from cosmic rays. The announcement that the Toyota probe will now include NASA scientists has lent credence to those theories.</span></p>
<p><span style="font-size: 12pt; line-height: 115%;">The Obama administration has also asked the National Academy of Sciences undertake a separate study into computer technologies in vehicles. This study will last for 15 months. The study is expected to look into the potential of computer malfunctioning and electromagnetic interference as factors in acceleration in these vehicles.</span></p>
<p><span style="font-size: 12pt; line-height: 115%;">Toyota has thus far stubbornly refused to admit that there could be any problem with its electronics. In fact, it has all but ruled out any such electronic issues as a factor in the acceleration, and has consistently blamed the gas pedal and floor mats for the problem. This is, even as all evidence seems to point at electronic glitches.</span></p>
<p><span style="font-size: 12pt; line-height: 115%;">As the investigation progresses, one thing is clear - we are even further from finding out what is causing these vehicles to accelerate, than when the scandal first broke. That&rsquo;s definitely <i>not good</i>. </span></p>
<p><i><span style="font-size: 12pt; line-height: 115%;">The </span></i><a href="http://www.robertnkatz.com/car-accident-lawyer-atlanta-1027205.html"><i><span style="font-size: 12pt; line-height: 115%;">Atlanta car accident lawyers</span></i></a><i><span style="font-size: 12pt; line-height: 115%;"> at the </span></i><a href="http://www.robertnkatz.com/"><i><span style="font-size: 12pt; line-height: 115%;">Katz Law Firm</span></i></a><i><span style="font-size: 12pt; line-height: 115%;"> represent injured victims of car accidents in and around the metro Atlanta area, and across the state of Georgia.</span></i></p>
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<category>Product Liability</category>
<pubDate>Tue, 06 Apr 2010 13:43:26 -0500</pubDate>
<dc:creator>Lisa Siegel</dc:creator>

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