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Products Liability Blog

Product Safety Overhaul Approved by House

Thursday, July 31st, 2008 by John Simon

The most sweeping federal product safety legislation since the Consumer Product Safety Commission was created in the late 1970s is one step closer to becoming law.
On Wednesday, the U.S. House of Representatives ratified The Consumer Product Safety Improvement Act of 2008. A few days earlier, House and Senate conferees reached a compromise agreement involving the […]

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Fatal rollover crash blamed on defective tire valve stem, recall announced

Tuesday, July 8th, 2008 by John Simon

A lawsuit claiming that a cracked stem on a tire valve led to a fatal rollover crash has triggered a federal investigation and the recall of six million valve stems, Lawyers Weekly USA reports.
In “Defective tire valve sparks suit,” reporter Nora Lockwood Tooher writes that up to 36 million of the allegedly defective tire stems […]

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Flimsy roofs linked to SUV rollover deaths

Monday, May 19th, 2008 by John Simon

When a sport utility vehicle rolls over in a crash, more than half of the people inside die, according to a recent study by the Insurance Institute for Highway Safety.
The weaker the SUV’s roof, the more likely it was that someone would be killed, the study concluded.
The strongest roof was found on the 2000 to […]

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Amusement park dangers

Thursday, May 15th, 2008 by John Simon

Last summer, the feet of a 13-year-old girl were severed when a cable on the Superman Tower of Power amusement ride snapped. As a recent article in Lawyers Weekly USA explains, the accident wasn’t an isolated one.
According to the last estimates compiled by the Consumer Product Safety Commission, 6,000 to 7,000 people each year seek […]

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Doctor awarded $24.2 million in asbestos suit

Monday, May 12th, 2008 by John Simon

A head and neck surgeon who claimed his work on asbestos-containing farm equipment as a teenager lead to a rare form of cancer has been awarded $24.2 million, the Miami Herald reports.
Stephen E. Guilder, 50, repaired tractors and other equipment on his stepfather’s farm in the 1970s and early 1980s. The work exposed him to […]

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Jeep Liberty’s safety investigation is upgraded

Thursday, April 24th, 2008 by John Simon

After receiving reports of drivers losing control while behind the wheel of the Jeep Liberty, the government has upgraded a safety investigation of the sport utility vehicle, the Associated Press reports.
The National Highway Traffic Safety Administration has received at least 22 reports of the upper ball joint separating on either side of the front wheels. […]

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Parents awarded $11 Million in Mitsubishi SUV rollover case

Tuesday, April 15th, 2008 by John Simon

A jury awarded nearly $11 million to the parents of a man who was killed when the Mitsubishi Montero sport utility vehicle in which he was riding crashed and rolled over, the Daily Business Review reports.
Peter and Donnal Laliberte alleged that a defective seatbelt and defective front passenger seat led to the death of their […]

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High Court’s 4-4 tie makes the latest preemption battle a draw

Thursday, March 6th, 2008 by Dawn Mefford

A handful of my posts have addressed the issue of federal preemption.  You can read past blog posts from March 4, 2008, December 17, 2007, August 7, 2007.  In general, preemption is a legal concept which dictates that state laws are inferior to federal law.  Within the last decade, there has been a legal battle […]

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Outlaw ATVs recalled

Tuesday, March 4th, 2008 by John Simon

Today, the U.S. Consumer Product Safety Commission announced a voluntary recall of the Outlaw IRS all-terrain vehicle.
Made by Polaris Industries Inc., of Medina, Minn., the retention bolt on the ATV can come loose and cause the rear wheels to lock. The CPSC has received 11 reports of drivers losing control of the vehicle as a […]

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Riegel v. Medtronic

Tuesday, March 4th, 2008 by Dawn Mefford

The United States Supreme Court voted 8-1 last week to find that plaintiffs cannot sue the manufacturers of certain medical devices because those suits are pre-empted by federal law. 
The ruling bars relief to those patients who are injured as a result of defective Class III medical devices.  Class III status is given to devices such […]

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Supreme Court blocks state court suits over faulty medical devices

Friday, February 22nd, 2008 by John Simon

A decision handed down by the U.S. Supreme Court this week effectively blocks consumers from suing the makers of federally approved medical devices for design defects in state court.
The case, Riegel v. Medtronic, Inc., was filed by the family of Charles Riegel. Riegel was seriously hurt and permanently disabled after a catheter burst during a medical procedure. […]

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Fentanyl Patch Recall

Wednesday, February 13th, 2008 by Brad Tompkins

On February 12, 2008, Johnson & Johnson and Novartis AG’s Sandoz unit recalled their 25 microgram per hour fentanyl patches because of a flaw that could cause patients or caregivers to overdose on the potent drug inside.
Sold in the United States under the brand name Duragesic and generically by Sandoz Inc., the recall includes all […]

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$30 million settlement in ‘Thomas the Tank Engine’ lawsuit

Friday, January 25th, 2008 by John Simon

The maker of Thomas the Tank Engine has agreed to pay $30 million to settle a class-action lawsuit brought by families who purchased lead-tainted products, the Associated Press reports.
In a press release, Oak Brook-based RC2 Brands, the manufacturer of “Thomas & Friends Wooden Railway” toys, announced the settlement of a nationwide, class-action suit filed in […]

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Manufacturer of hunting stand that fell from trees fined $420,000

Wednesday, January 23rd, 2008 by John Simon

The manufacturer of hunting tree stands that allegedly detached from trees without warning has agreed to pay the government a $420,000 penalty.
 
The manufacturer, Ardisam Inc. of Cumberland, Wis., agreed to pay the penalty in order to settle a lawsuit filed by the U.S. Consumer Product Safety Commission. The suit alleged that Ardisam failed to immediately […]

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Home Shopping Network pays $875,000 penalty

Wednesday, January 9th, 2008 by John Simon

According to the Consumer Product Safety Commission, the Welbilt Electronic Pressure Cooker was anything but well built. In 2005, the CSPC recalled the pressure cooker sold by the Home Shopping Network after 43 reports were made that the lids opened early, resulting in 37 burn injury reports, at least four of which caused third-degree burns.
Late […]

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Some waterproofing sprays tied to lung injuries

Monday, December 31st, 2007 by John Simon

Public health officials from several states are sounding the alarm about the dangers associated with some waterproofing sprays, Eric Lipton of the New York Times reports.
The cheap and widely-available sprays contain fluoropolymer. If inhaled, the lungs can become inflamed, making it difficult to breathe.
Thousands of consumers are believed to have suffered respiratory problems after using […]

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Medtronic settles defibrillator suits for $114.1 million

Thursday, December 27th, 2007 by John Simon

Medtronic Inc., the maker of a heart defibrillator recalled in 2005 after the batteries in some of the devices failed, has agreed to settle claims filed by patients for $96.5 million, the Minneapolis Star Tribune reports.
The settlement, reached on December 21, will resolve 2,682 lawsuits that were consolidated in the U.S. District Court in Minnesota. […]

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Dubious medical devices prey on the desperately ill

Monday, December 17th, 2007 by John Simon

Dubious and unproven medical devices used to treat desperately ill patients have come under intense scrutiny after a three-day Seattle Times series. The series looked at two devices that have emerged from “energy medicine” which asserts that health can be improved by manipulating the body’s energy fields.
The device makers and distributors claimed that the machines […]

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U.S. Supreme Court weighs federal preemption issue

Monday, December 17th, 2007 by Dawn Mefford

During its current term, the United States Supreme Court will hear at least five cases regarding of what is known as “federal preemption”. 
The first of these cases made it to the Supreme Court earlier this month when the Court heard arguments in the case of Riegel v. Medtronic, Inc.  Medtronic argued that provisions of the […]

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Ford settles consumer protection suits involving the Explorer

Wednesday, December 12th, 2007 by John Simon

Earlier this month, a judge tentatively agreed to accept a class-action settlement that would put to rest consumer protection lawsuits filed by Ford Explorer owners against Ford Motor Co.
According to the Associated Press, the owners had claimed that Ford falsely advertised the sport utility vehicles were safe even though it knew the vehicles had a […]

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Chrysler recalls nearly 600,000 trucks, vans and SUVs

Monday, December 10th, 2007 by John Simon

Last Friday, Chrysler recalled almost 600,000 Dodge trucks, vans and SUVs. According to the Associated Press, long-term wear on the gearshift assembly can cause the cars to shift out of park even if the key is not in the ignition. Nine incidents involving the defect have led to physical injuries.
The vehicles subject to the recall […]

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Girl’s family sues pool drain maker

Monday, November 19th, 2007 by John Simon

While playing in a wading pool this summer at the Minneapolis Golf Club, Abigail Taylor allegedly fell onto an uncovered drain then the sump created a vacuum and trapped the six-year-old girl. The suction was so powerful that it pulled Abigail’s intestines out of her body, the Associated Press reports.
Taylor now lives with a colostomy bag. […]

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Lawsuit filed over teen’s inhalant death

Tuesday, October 23rd, 2007 by John Simon

Simon Passanante filed a products liability lawsuit last month on behalf of a mother whose teenage son died after inhaling 3M Dust Remover.
On Dec. 23, 2006, the teen and a group of his friends went to the Wal-Mart store in Sullivan, Missouri to buy an aerosol can of 3M Dust Remover. Unlike other stores, the […]

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SUV side impact safety analyzed

Friday, October 12th, 2007 by John Simon

SUV owners who think that because they’re riding up high, they’re safer in a side impact crash should think again. That’s because an insurance industry report released yesterday asserts that some 2008 sport utility vehicles don’t offer as much protection in a side impact collision as the public might think.
According to the Associated Press, the […]

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Drug Manufacturers Withdraw Children’s Over-the-Counter Cold Medicines

Thursday, October 11th, 2007 by Dawn Mefford

Drugmakers pulled a series of children’s cold medications off store shelves today, and parents are advised to do the same if their home medicine cabinets include infant medications containing decongestants and antihistamines. 
Some of the withdrawn medicines include: Pediacare Infant Drops and Tylenol Concentrated Infant Drops (manufactured by Johnson & Johnson), Dimetapp Decongestant Infant Drops (manufactured […]

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Elevator mechanic settles case for $5 million

Friday, September 28th, 2007 by John Simon

An assistant elevator mechanic who was injured when the elevator he was servicing suddenly began to rise pulling him up six stories, has settled his product liability lawsuit against the elevator company for $5 million. He was represented by John G. Simon and Amy Collignon Gunn of Simon Passanante and Chris Dysart of the Dysart […]

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Three deaths and a newspaper investigation spur crib recall

Thursday, September 27th, 2007 by John Simon

Last Friday, the Consumer Product and Safety Commission recalled almost one million baby cribs made under both the Simplicity and Graco names.
The recall came after the Chicago Tribune began investigating the cribs made by Simplicity, Inc. Because of an allegedly defective design and allegedly defective hardware, three children died, seven infants became trapped in the […]

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$8.5 million verdict against polio vaccine maker upheld

Thursday, September 20th, 2007 by John Simon

Cortez Strong was born healthy. But a few days after he was given a second dose of an oral polio vaccine, he started having problems. Eventually, his left arm was permanently paralyzed and the strength in both of his hands was weakened.
The vaccine the boy had been given contained a live polio virus.  The virus […]

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U-HAUL: “TRAILER SWAY,” RENTAL TRAILER AND TOW DOLLY ACCIDENTS

Thursday, September 20th, 2007 by John Campbell

 When driving down any interstate or highway, one is likely to notice the familiar sight of a U-Haul rental trailer. They serve the needs of many families and persons moving from one place to another. Unfortunately, since the 1980s, U-Haul rental trailers have been involved in “trailer sway” accidents which occur when the trailer sways […]

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Mattel and CPSC spar over timely reporting

Thursday, September 6th, 2007 by John Simon

Is protecting children Mattel’s highest priority? That’s the question raised in a front-page article in Tuesday’s Wall Street Journal titled “Safety Agency, Mattel Clash over Disclosures.”
Last month, the toymaker announced the recall of nearly 18 million play sets with potentially dangerous magnets. The article notes in that case, as well as two other major ones, […]

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Federal jury in central Illinois awards brain damaged woman $15 million for injuries sustained as a result of defective motorcycle tire

Friday, August 31st, 2007 by Dawn Mefford

Last week, a jury seated in the Federal District Court of Central Illinois, decided that Goodyear owed plaintiff Trish McCloud more than $15 million for the brain injuries she suffered when the tire blew causing the motorcycle upon which she rode to flip.  To read the Peoria Journal Star’s article on the verdict click here. 
In […]

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$5.5 Million Award in First Federal Fentanyl Trial

Monday, August 27th, 2007 by Amy Gunn

Jury finds Johnson & Johnson subsidiaries liable in death of 28-year-old
The family of a Florida man has won a $5.5 million wrongful death verdict against two subsidiaries of pharmaceutical giant Johnson & Johnson in the nation’s first federal trial involving a patch form of the narcotic painkiller fentanyl.
Janssen Pharmaceutica Products, LP, and ALZA Corp. were […]

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Suit filed after worker was crushed in conveyor belt

Tuesday, August 21st, 2007 by John Simon

The family of a worker who died after his head and upper torso were caught in a conveyor belt has filed a wrongful death and product liability lawsuit.
On March 22, 2006, J.D. Croom, Jr. was cleaning a spray bond line machine at Mid America Fibers in East St. Louis, Ill. Croom was required to clean […]

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According to CNN, Lead Laced Bibs are Still for Sale at Toys ‘R’ Us

Monday, August 20th, 2007 by John Campbell

According to a recent CNN story, vinyl baby bibs which contain lead are continuing to be sold at Toy ‘R’ Us and Lisa Kline stores despite testing by two labs which revealed elevated levels of lead.  (To read the entire story, click here)  Both the New York Times and the Center for Environmental Health tested the bibs […]

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$41 Million Award in Non-Fire-Retardant Motorcross Clothes Case

Monday, August 20th, 2007 by Amy Gunn

When 13-year-old Joey Provenza went dirt bike riding with his uncle and cousin in his new motorcross clothing, he had no idea that by the end of the day, he would have third-degree burns over the majority of his body.  While doing jumps on his bike, gasoline spilled from the tank in a fall, causing […]

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Mattel toy recall - Part II

Tuesday, August 14th, 2007 by John Simon

Twelve days ago, Mattel recalled about 1.5 million Fisher-Price products after discovering the Chinese-made toys contained lead paint. Today, the news is that Mattel is recalling approximately 9 million additional toys made in China due to lead paint and hazards posed by small magnets.
The small magnets are found in a variety of toys including Polly Pocket […]

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Goodyear Load Range E Tires – Tread Separation

Sunday, August 12th, 2007 by John Campbell

In Clark County, Nevada, a jury awarded three families who lost loved ones due to tread separation and a resulting accident a $30 million judgment.  The verdict was against Goodyear tire and focused on problems with their Load Range E tires, size LT245/75R16.  These tires are designed for light trucks and may be used on […]

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Ford recalls 3.6 million vehicles due to cruise-control switch

Thursday, August 9th, 2007 by John Simon

On Aug. 3, Ford issued a voluntary recall of 3.6 million autos built between 1992 and 2003 to fix a cruise-control switch. In a press release, Ford indicated it was taking the action “to address continued customer concerns about the potential for fires in their vehicles. We cannot be confident in the long term durability […]

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Accutane Found to Cause Inflammatory Bowel Disease

Wednesday, August 8th, 2007 by John Campbell

In a recent New Jersey trial involving Accutane (a drug used primarily to treat acne), the jury returned a verdict of $2.62 million against Roche Holding AG, the makers of Accutane.  In the lawsuit, Andrew McCarrell, 36 years old, alleged that after taking Accutane, he suffered inflammatory bowel disease.  He alleged that Accutane caused severe […]

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FEDERAL FDA PREEMPTION LEGISLATION

Tuesday, August 7th, 2007 by Dawn Mefford

The issue of federal FDA preemption, the beloved safety net for pharmaceutical companies, has once again reared its ugly head as the Senate and House attempt to reconcile their differences in re-authorization bills for the Prescription Drug User Fee Act (FDUFA).  In a product liability suit relating to insufficient warnings for prescription drugs, a pharmaceutical […]

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Dangerous Helmets

Saturday, August 4th, 2007 by John Campbell

Whether it is a bike, a moped, a scooter, or a motorcycle, people wear helmets  to protect themselves from head injuries.  Unfortunately, not all helmets live up to consumers’ expectations.
There are a number of helmet defects that are cannot be discovered until an accident has already occurred.  These defects result in severe injuries and sometimes […]

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Lead paint taint hits Fisher-Price

Thursday, August 2nd, 2007 by John Simon

The Associated Press reported today that Fisher-Price recalled nearly one million plastic preschool toys including Big Bird, Elmo, Dora, Diego and 83 other toy brands because of excessive lead paint.
In an increasingly familiar scenario, the toys were made in China and contained excessive amounts of lead paint. In June, RC2 recalled 1.5 million Thomas the Tank Engine wooden railroad […]

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Sierra Club threatens suit over lead-laced products

Thursday, August 2nd, 2007 by John Simon

Last week, the Sierra Club put ten companies on notice that they failed to notify the Environmental Protection Agency of the health risks associated with lead in products they sold. The companies include Target Stores and Dollar General.
The companies notified the Consumer Product Safety Commission and requested a voluntary recall of the toxic products. However, the […]

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You Get What You Pay For?

Wednesday, August 1st, 2007 by John Campbell

My dad always said, “You get what you pay for.”  Unfortunately, consumers are learning that this isn’t always true.  If you are like me, all too often, you have bought a product, only to learn that it doesn’t work as advertised.  Put simply, you didn’t get what you paid for.  The “defective product” problem can […]

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Are Some Car-Seats Unsafe? Touriva and On My Way Models Raise Questions

Wednesday, August 1st, 2007 by John Campbell

According to a recent article in the Chicago Tribune, hundreds of thousands of Touriva car-seats that were sold at Cosco and manufactured by Dorel before 2005 pose a serious risk to children. (Click here to read the entire article and watch a video discussing potential problems with car-seat safety.)  The problem is that the car seat, […]

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Family settles after worker crushed in baler

Wednesday, August 1st, 2007 by Jim Lemonds

The family of a man who died after his skull was crushed in a baler has settled a products liability suit against the baler manufacturer for $1.25 million. (Crigler, et al. v. International Baler Corp.)
Louis Crigler III, 34, worked at Value Village Store in St. Louis County, Mo. On Dec. 17, 2003, Crigler was using […]

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$6.7 mil Award in Car Seat Case

Monday, July 30th, 2007 by Amy Gunn

Justice has finally come for Jessi and Chad Malcolm.  On July 7, 2000, Malcolm’s vehicle was forced off the road and crashed.  The couple’s 4-month-old son, Tyler was ejected from the vehicle and was found face down in a ditch–still strapped in his Evenflo car seat.  Tyler’s skull was fractured in three places and later […]

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Car seats, safety and commerce

Monday, July 30th, 2007 by John Simon

A recent Chicago Tribune investigation exposed lapses and loopholes exploited by car-seat makers when it comes to child safety.
The article by staff reporter Patricia Callahan is titled “When Car-Seat Safety, Commerce Collide: They’re meant to protect our most precious cargo, but limited oversight and testing leave potential dangers.”  The story noted that every parent is […]

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Lawsuits over toy trains gain steam

Monday, July 23rd, 2007 by John Simon

In books, television, and even the movie theater, Thomas the Tank engine has delighted young children with his adventures on the Island of Sodor. Fans, often under the age of six, not only collect the wooden train replicas of Thomas and his friends, they’ve been known to clutch, lick, bite and even bathe with their […]

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Infant dies after static spark ignites oxygen and baby oil

Friday, July 20th, 2007 by John Simon

The parents of a three-month-old infant who died after a mixture of oxygen and baby oil ignited settled a lawsuit against the oxygen concentrator manufacturer and the supplier for $3 million.
John Doe was born on Dec. 10, 2004. His mother went into labor early and the baby was delivered at Barnes Jewish Hospital at 32 weeks gestation. […]

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High court considers shield for medical device makers

Wednesday, July 11th, 2007 by John Simon

Does the Food and Drug Administration’s approval process shield medical device makers from lawsuits? That’s the question the U.S. Supreme Court has agreed to consider.
The lawsuit that set in motion the Supreme Court’s review was filed by Charles Riegel and his wife, Donna. While Riegel was undergoing angioplasty, a balloon catheter burst. As a result, […]

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Heart device case nears trial

Thursday, July 5th, 2007 by John Simon

A federal judge in Minnesota has allowed a lawsuit to proceed against Guidant Corp, the maker of the Prizm 2 implantable defibrillator.
According to an article in Lawyers Weekly USA, Leopoldo Duron Jr. sued Guidant alleging that company officials concealed information that the device contained a defect that caused it to short circuit.
Duron, 73, had his […]

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Chinese tire recall exposes safety problem

Wednesday, June 27th, 2007 by John Simon

Federal officials are demanding the recall of a half-million Chinese-made tires missing a safety feature linked to vehicle rollovers and blamed in three deaths.
The defect involves a missing or insufficient 0.6mm gum strip that prevents tire belts from separating. According to a press release issued by lawyers and the consumer group, Safety Research & Strategies, […]

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Lead paint loss

Monday, June 25th, 2007 by John Simon

In a 4-3 decision, the Missouri Supreme Court dealt the final blow to a lead paint lawsuit filed by the city of St. Louis against several paint makers.
In an attempt to recoup the money spent remediating the lead paint hazard found in many homes, the city of St. Louis filed a public nuisance lawsuit against […]

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Government warns Chinese ATV is unsafe

Wednesday, June 20th, 2007 by John Simon

A Chinese all-terrain vehicle (ATV) designed for kids and sold in the United States contains multiple safety defects, according to a government warning.
In a June 5 warning, the Consumer Product Safety Commission (CSPC) stated that children risk serious injury and death while riding the Kazuma Meerkat 50 Youth All-Terrain Vehicle.  The Meerkat 50 is designed […]

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Illinois Supreme Court ruling on “open and obvious” dangers

Friday, June 15th, 2007 by John Simon

The Illinois Supreme Court refused to adopt a rule that would give manufacturers an absolute defense in strict liability cases that apply the risk-utility test to “simple” products.
In Calles v. Scripto-Tokai Corp., a 3-year-old was killed after her twin sister started a fire using an Aim ‘n’ Flame utility lighter. The Illinois Supreme Court was […]

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Mother settles defective car seat suit

Wednesday, June 13th, 2007 by John Simon

The mother of a toddler whose right eye was impaled after a spring popped out of the car seat she was sitting in settled a lawsuit filed against the car seat maker and the retail store that sold the seat. (Benavidez v. Dorel Juvenile Group, et al.)
On July 13, 2004, three-year-old Maria Benavidez, her mother […]

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Lexus owner claims floor mats almost killed her daughter

Tuesday, June 12th, 2007 by John Simon

A carload of teens on their way to the mall experienced a frightening ride they won’t soon forget.
According to a June 8 article in the St. Louis Post-Dispatch, the owner of a Lexus ES 350 allowed her daughter and five friends to drive the car to a suburban St. Louis mall about 60 miles from […]

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Suit claims Ford SUV unsafe

Monday, June 11th, 2007 by John Simon

The sons of a Tongan royal couple who died after their Ford Explorer SUV was hit and then rolled over several times have filed a wrongful death suit against Ford Motor Co.
The suit, filed on June 4 in the Santa Clara County Superior Court in California, claims that Ford knew the 1998 Explorer was unsafe. […]

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Vioxx litigation update - Barnett

Thursday, June 7th, 2007 by Todd Hageman

The Vioxx litigation is back in the news.  On August 17, 2006, a jury in New Orleans returned a verdict in favor of Gerald Barnett for injuries he suffered as a result of taking Vioxx.  Mr. Barnett suffered a heart attack at age 58 and endured subsequent complications.  The verdict was for $51 million.  Of […]

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Update on Avandia

Saturday, May 26th, 2007 by Todd Hageman

The news about Avandia recently has been focused on the new analysis published in the New England Journal of Medicine which concluded that Avandia could pose an unreasonable risk of heart attack and other cardiovascular injury regarding diabetic patients for which the medication was prescribed.  However, it really isn’t that new.  John Buse, M.D., president-elect […]

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Consumer Alert: diabetes drug Avandia pulled from the market.

Thursday, May 24th, 2007 by Todd Hageman

As you know, the wildly popular drug Avandia may be in danger of being pulled from the market by FDA.  Many believe Avandia to be the next Vioxx.  It was mostly reported that Avandia may have presented an unreasonable risk of heart attack and death in patients for which it was prescribed.  As the following […]

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Simon Passanante’s Reputation as an Experienced Product Liability Law Firm

Wednesday, May 2nd, 2007 by Erich Vieth

Simon Passanante is well known for its success in handling product liability claims.  In the past, our cases have involved a wide array of products, including defective factory and construction equipment, harmful drugs, hazardous chemicals and dangerous recreational equipment.  In addition, we’ve handled medical device product liability claims both individually and as class actions.  In […]

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