product liability

Published on: July 15, 2017

Seniors with Dementia May Be at Risk of Poisoning from Laundry Detergent Pods

It’s not just young children who may be at risk of poisoning after ingesting brightly-colored and attractively packaged laundry pods. The Consumer Product Safety Commission (CPSC) is increasingly coming across cases involving seniors with dementia who have swallowed these pods by mistake, causing severe injuries, and in many cases, fatalities.

Laundry detergent pods are brightly packaged and come in several shiny hues. These qualities make them extremely endearing to children. The pods are designed to dissolve as soon as the packaging comes into contact with water. Children are naturally attracted to shiny, colorful things.

Children can be at risk of poisoning as soon as they put these pods into their mouths. In fact, the CPSC is aware of incidents involving persons who died after swallowing or ingesting these laundry detergent pods. Ingesting even one such pod could be dangerous, and even lethal.

Published on: October 31, 2011

CPSC Product Safety Database Hit with First Lawsuit – Effort to limit likelihood of Product Liability Claims

by Robert N. Katz, Esq.

This was something that Atlanta personal injury lawyers had been expecting.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.That is exactly what has now happened.An unidentified company has filed a lawsuit to block the Consumer Product Safety Commission from posting what it describes as “baseless allegations” about one of its products.

The database in question here is located on the website saferproducts.gov.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.That law had been passed after a tumultuous couple of years for product safety in the country.Millions of children’s products and toys had been recalled for high lead content levels, and a number of other deficiencies.The database serves as an early identifier of products which contain defects which may result in severe personal injury or wrongful death.

The database which was launched in March this year, allows consumers to upload complaints about products.These complaints are posted online, and are publicly accessible.Other consumers can view these complaints, and make informed decisions about the products they want to buy.Consumers can post complaints about thousands of products.Manufacturers are given the opportunity to review these complaints, and post their responses.

Published on: October 12, 2011

FDA Likely to Declare Surgical Mesh Devices as High-Risk Because of Injury Hazards – Product Liability Claims Likely

by Robert N. Katz, Esq.

Under pressure from consumer safety advocates and product liability attorneys, the Food and Drug Administration is likely to soon limit access to surgical mesh devices 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.In this condition, the uterus and other organs shift from their position, and protrude through the body.The condition is frequently seen in women after childbirth.A surgical mesh device is used to keep the protruding organs in place.These devices are implanted transvaginally.

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.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.In July, the agency issued a safety warning about the products.Most of the complaints alleged chronic pain after the insertion of the surgical mesh.Women have also reported complaints about painful sexual intercourse.

What has seemed really outrageous to Atlanta product liability attorneys 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.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. 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.The increased risk from the use of the surgical mesh does not translate into higher benefits for these patients.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.

Published on: June 21, 2011

Table Saw Injuries in Atlanta are Preventable making Product Liability Claims more likely

by Robert N. Katz, Esq.

Thousands of persons are injured every year in table saw accidents, many of them occurring in Georgia.These horrific injuries include amputations and involve not just woodworkers and other workers, but also DIY fans.Personal injury attorneysand Workers’ Compensation lawyers 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.However, the technology has been widely resisted by the manufacturer lobby.That might soon change.

Last week, the National Consumers League accompanied by injured workers traveled to Washington to meet with representatives of the Consumer Product Safety Commission.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.Unfortunately, the guarding technology that these manufacturers have developed is cumbersome to use and not very popular.

The technology that can actually prevent these injuries however has been developed by an inventor called Steven Gass.The technology, SawStop works by using electrical sensors to detect a human finger.When a finger is detected, the blade comes to a stop within a few one thousandths of a second.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.

Published on: May 29, 2011

NHTSA Acts to Prevent Injuries from Defective Motorcycle Helmets

by Robert N. Katz, Esq.

The National Highway Traffic Safety Administration is coming down hard on manufacturers of novelty helmets that do not protect motorcyclists.These novelty motorcycle helmets are not approved by the Department of Transportation, and do not protect motorcyclists from injuries in a motorcycle accident.As an Atlanta motorcycle accident attorney, I am well aware of many serious injuries arising after accidents in which the driver was wearing a novelty helmet.

Helmets are a motorcyclist’s first line of defense against injuries in an accident.It’s important that motorcyclists wear helmets that are approved by the Department of Transportation.The National Highway Traffic Safety Administration will soon require new motorcycle helmets to come with a label that contains the words “DOT FMVSS 218 Certified.”

Novelty helmets have recently become very popular, because of their designs.However, testing has found that these helmets do not meet safety standards set by the National Highway Traffic Safety Administration.Those safety standards are contained in the Federal Motor Vehicle Safety Standard 218.These standards cover a number of criteria, including impact absorption and penetration resistance.

Published on: April 20, 2010

Consumer Product Safety Database Available Next Year

by Robert N. Katz, Esq.

New CPSC Database Will Let Consumers Know of Product Injuries Before a Recall

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’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.

The final details of the database 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.

Published on: June 19, 2009

Father of Child Injured by Crocs at Atlanta Airport Sues Company

by Robert N. Katz, Esq.

The father of a boy who was injured when his Crocs shoes got caught in an escalator at an Atlanta Airport has filed a lawsuit against the company. The father Clark Meyer, is claiming $2 million in damages for injuries suffered by his son, identified only as “AM”.

According to the lawsuit, Meyer’s son was “severely and permanently injured” in the accident on July 15^th last year. On that day, the boy’s foot was snagged on an escalator at Hartsfield Jackson International Airport. The boy who was four years old at that time suffered at least three broken toes and cuts. In the lawsuit, Meyer alleges that the company was aware of the dangers to children wearing the popular Crocs shoes in 2005, but that didn’t stop the company from marketing the shoes targeting young children.

It is the second such lawsuit filed in Atlanta in 2005 involving children and escalator injuries linked to the popular shoes. Crocs meanwhile has denied that the shoes cause any injuries. The company blames faulty escalator design and the parents for the injuries suffered by children who wear their shoes.

Published on: May 29, 2009

Chrysler Bankruptcy Proceedings Could Leave Product Liability Lawsuits in the Cold

by Robert N. Katz, Esq.

Automaker Chrysler’s bankruptcy proceedings are leaving more than dealers and workers worried. There’s another class of people who have much to lose if the automaker goes under, and little attention has been paid to their plight.

We are talking about the people who have pending product liability lawsuits against the company. These people will find that their dreams of justice are shattered when the spoils are distributed. Plaintiffs who have filed product liability lawsuits against the company fall in the unsecured creditors’ group. While secured creditors include people who have collateral, unsecured creditors include plaintiffs and other corporations. These creditors are low on the pecking order when it comes to payouts. The secured creditors will get first preference, leaving the remainder of the funds to be distributed among the unsecured creditors. Corporations that are included in the unsecured creditors’ group are likely to demand priority for their funds; leaving plaintiffs with peanuts after all other debts are paid.

According to the New York Times, it’s still not clear how these pending lawsuits will be dealt with. They could be sent back to the original courts for a decision, after which the plaintiff who have won or settled may be able to go to the bankruptcy court for their money.

Published on: April 11, 2008

Product Liability Suit Fails Against Anti-Depressant Manufacturer

by Robert N. Katz, Esq.

Drug manufacturer GlaxoSmithKline won a significant ruling this week in the Third Circuit of the United States Court of Appeals in Colaccio vs. Apotex.SmithKline, the manufacturer of the anti-depressants Paxil and Zoloft, defended two separate state tort claims that the manufacturer failed to warn of the risk of suicide from taking the drug.Plaintiffs product liability suits failed.

In a split decision, the Third Circuit ruled that federal regulatory law pre-empted state tort law claims in cases against manufacturers of anti-depressants for failure to warn of the risk of suicide.

Anti-depressants are drugs known as selective serotonin re-upate inhibitors (SSRIs).The drugs block the re-absorption of serotonin into the brain.Serotonin is a natural body chemical that regulates mood, sleep and appetite.By blocking the re-absorption the brain cells get an extra dose of a feel-good chemical.Some experts believe that the increase in serotonin causes a drop in the natural chemical dopamine. Dopamine regulates cognition and behavior.