Washington DC Injury Lawyer Blog

As medical devices grow increasingly sophisticated, disputes have begun to arise between doctors and medical device manufacturers over who bears the responsibility when a patient is injured by a device. In some instances, manufacturers try to hold doctors liable for using a device improperly, and in others doctors try to hold manufacturers liable if the device did not function correctly. Disputes such as these bring two different theories of liability together in unforeseen ways: medical malpractice and products liability. How these disputes are resolved could have an important impact on how courts assess liability in future malpractice cases.

American Medical News, a publication of the American Medical Association, reported last month on an orthopedic surgeon in Kentucky who implanted a pain pump in a patient’s shoulder to administer painkillers after reconstructive surgery. The patient later returned, complaining of shoulder pain. An examination revealed that the patient had developed chondrolysis, a condition that causes significant deterioration of joint cartilage. It can be caused by certain types of anesthetic if they are continuously administered into or near the joint. The pain pump had evidently caused the chondrolysis because of the type of anesthetic administered.

The patient sued the pump manufacturer, alleging that the company failed to warn the doctor of the risks of complications from this particular use of the pain pump. The manufacturer brought the doctor in as a third-party defendant and alleged that the doctor used the pain pump “off-label,” meaning in a way not intended by the manufacturer or approved by the Food and Drug Administration (FDA). The case is still in progress in Kenton County, Kentucky.

Doctors have a duty to their patients to provide diligent care. Because of their special training, they occupy a particular position of trust under the law and have unique responsibilities. They must rely, however, on a wide range of products and equipment in order to provide state-of-the-art care, which means they must rely on various warranties and assurances from third-party companies. These include pharmaceutical companies and medical device manufacturers. Doctors can only provide care to the best of their ability with the knowledge available to them. They are responsible for learning how to use medical devices such as pain pumps, but in the event that something goes wrong, the question becomes whether or not they used a device correctly or if the device was somehow defective.

Continue reading "Doctors and Medical Device Companies Square Off on Questions of Liability" »

A Washington, DC-area dentist recently warned about the importance of protecting children’s teeth and jaws from injury as they participate in fall and winter sports, noting the potential for serious damage and complications from fairly common sports injuries. The dentist, of course, recommends obtaining a custom-made mouth guard with the assistance of a dental professional. His advice demonstrates the importance of ensuring safe and reliable protection for children (and adults) who participate in sports, whether the protective device is store-bought or professionally-made.

Sporting goods stores and other retailers sell a variety of protective equipment, including mouth guards, pads, and braces. Almost any of these types of equipment are also available custom-made from medical professionals. The recent article focuses on mouth protection, but its advice applies to protection for the head, limbs, back, and more. Manufacturers of products offered for sale to the public have a duty to take reasonable steps to ensure that their products are fit for their advertised use.

Consumers, under the legal theory of products liability, may be able to recover damages from the manufacturer of a product if that product causes them injury in certain circumstances. A manufacturing defect could be any sort of flaw occurring during the production of a product that makes it unsafe. A design defect is a problem inherent in the product that would have occurred before the product was ever produced or assembled. A marketing defect refers to the advertising of a product for some improper use. Any of these defects could cause an injury to a consumer, and could entitle the consumer to compensation for injuries.

Medical professionals, by virtue of their education, training, and unique position of responsibility to their patients, have a very high duty of care. Producing customized protective equipment for athletes places them into a position of responsibility for the design, manufacture, and marketing of these products. They therefore bear some potential liability for customized equipment along with the actual manufacturers.

The Consumer Product Safety Commission (CPSC), an agency of the federal government, monitors the safety of consumer products, issuing recalls for products it deems sufficiently unsafe. It enlists the cooperation of the manufacturers themselves when possible, but it has the legal authority to order a recall when necessary. The CPSC maintains records of recalls it has ordered or requested, organized by market segment. It has issued multiple recalls for sports equipment, including safety equipment for both adults and children, such as:

- Football helmet chin straps due to “laceration hazard,” November 3, 2011
- Ski helmets due to “head injury hazard,” July 21, 2011
- Baseball and softball gloves due to “presence of mold,” July 6, 2011
- Bicycle helmets due to “head injury hazard,” May 31, 2011
- Lacrosse gloves due to “violation of lead paint standard,” July 26, 2010

Continue reading "Washington DC Dentist Warns of Dangers of Sports Injuries" »

Football, as the saying goes, is a contact sport. It may therefore come as a surprise to learn that a number of professional football players have sued the National Football League and helmet manufacturer Riddell over concussions suffered during games. In all, 125 former players have filed suit in at least five separate complaints, alleging that the NFL failed to properly warn players of the risks of head injuries and to provide support for retired players. Concussions in sports, particularly professional football, have received heightened scrutiny recently in both the media and in Congress, with many statistics suggesting that the number of concussions has increased significantly.

A concussion is a common type of brain injury caused by an impact with the head making the brain collide with the inside of the skull. This can lead to both physical and cognitive symptoms, ranging from headache and dizziness to disorientation and attention deficits. A person who suffers from a concussion may not lose consciousness, and many concussions go undiagnosed because the injured person does not realize the injury’s severity. Multiple concussions over time can cause significant brain damage, including memory loss and dementia. The NFL began to pay serious attention to concussions in 2009, and in February 2011 it announced new guidelines to gauge whether an injured player should continue to play.

The lawsuits consist of a class action suit and three personal injury suits in California state court and a case in a federal court in Pennsylvania. The suits essentially allege that the NFL has a duty to inform players of all risks reasonably associated with their job duties and to support players injured in the course of their job duties. In this situation, the players’ “job duties” involve practicing for and playing football. Lawyers for the players say that they hope to use the lawsuits to improve safety standards for all players, to prevent future injuries, and to get compensation for the players’ injuries.

To prevail on their claim, the players would have to prove that the NFL had knowledge of risks inherent in the game not available to an ordinary prudent person, and that the players did not assume the risk of injury by agreeing to play the game. An argument in the players’ favor, perhaps, is that they did not have the ability to refuse to perform certain job functions, since these would occur in the middle of games and players are contractually obligated to play.

Continue reading "Players Sue NFL and Helmet Manufacturer over Head Injuries" »

The U.S. Food and Drug Administration (FDA) announced a series of initiatives in late September that it hopes will further ensure the safety of the food supply. The proposed measures, known as the Retail Food Safety Action Plan, would apply to food service establishments such as stores, restaurants, and schools. The Plan will focus on food safety rules at the state and local levels. It establishes a set of “model rules” to help managers in food service establishments handle food safety procedures, and standards for training personnel on food safety issues. The Plan follows a series of recent stories in the news about food contamination such as the recent cantaloupe recall.

The FDA is cooperating with the National Association of County and City Health Officials (NACCHO) to promote best safety practices at the local level. It hopes to get local governments to implement its Voluntary National Retail Food Regulatory Program, a series of standards developed by the FDA to encourage uniform food safety protocols nationwide.

The Plan also includes amendments to the 2009 Food Code, the most recent set of standards put out by the FDA. The Food Code is typically revised every few years. The proposed amendments include:
- Food establishments should have a plan for responding and cleaning up if an employee is phyiscally ill near where food is served, prepared, or stored.
- Food establishments should have clear standards about bare-handed contact with prepared food by employees.
- They should have consistent standards for how to display meat and poultry.

The FDA is an agency of the U.S. Department of Health and Human Services. It is responsible for promoting public health by supervising and regulating food products, pharmaceuticals, medical devices, cosmetics, and other products commonly used by the public. It also enforces various laws related to public health. It regulates safety for most food products, although many meat products fall under the Department of Agriculture’s jurisdiction. FDA review and approval is a critical step towards getting a product to market in the pharmaceutical and food industries.

Food safety and quality control are vital tasks in promoting public health and preventing certain diseases. Food-borne illnesses such as salmonella and E. coli can result from poor food quality or lack of standards. Injuries can be severe, ranging from sickness and lost time at work to serious hospitalization or death.

Continue reading "Food and Drug Administration to Take Action on Food Safety in Restaurants and Stores" »

The Consumer Product Safety Commission has approved new voluntary limits on cadmium levels in children’s jewelry. A move to regulate cadmium began in 2010 after a recall of bracelets and pendants at Wal-Mart stores. The new standards represent a national consensus among manufacturers and importers of children’s jewelry as to the need to address the toxic metal. A series of mandatory limits has already developed through state regulation and litigation, but this new standard represents the first national standard.

Cadmium is a metal element that occurs as a byproduct of various industrial processes. For years cadmium was used in steel and plastic production and as a pigment, but use has declined considerably. It is still used in some batteries and solar panels. Cadmium exposure has been linked to a number of health problems, including flu-like symptoms, acute kidney problems, pulmonary emphysema, bone disease, and possibly cancer. Dangerous exposure can occur even with trace amounts of cadmium.

Wal-Mart stores recalled children’s bracelets and pendants from their stores in January 2010 due to concerns that they might contain cadmium. Children could receive dangerous doses of cadmium if the jewelry were placed in a child’s mouth, even without actually swallowing the product. Some Chinese companies use cadmium in jewelry production because of prohibitions on using lead. An American company, Tween Brands, reached a settlement in California in March 2011 in which it has agreed to eliminate cadmium from all of its products by January 2012. The settlement agreement only applies to the state of California. Different standards among U.S. states may have led to repeated and inconsistent testing of products, which has led to the current push for national standards.

Continue reading "Children's Jewelry Manufacturers Agree to Limit Cadmium Levels" »

Recalls have been issued in the Washington, DC area for recreational vehicles from four different manufacturers: Spartan Chassis, Navistar, Dutchmen Manufacturing, and Winnebago Industries. The reasons for the recalls include problems with the exhaust system, defective headlight fuses, faulty ventilation, and possible fuel or propane leaks. Any of these conditions could severely impact the operation of the RV and threaten the safety, or even the lives, of drivers, passengers, and others on the road. Dangers include electrical failures, fires, and even carbon monoxide poisoning. RV owners should review the recall information carefully to see if their vehicles are affected.

An RV can be a great source of adventure and recreation, but RV's also carry their own unique risks. RV's are different from other automobiles: obviously they are larger and heavier, and they handle differently than other vehicles on the road. Automatic transmission and power steering may be standard features of today's RV's, but they require care and attention. An inexperienced driver should take care when operating an RV and take the time to learn how to operate the vehicle safely.

AllState recently ranked America's 200 largest cities based on frequency of car collisions, ranking Washington, DC 193rd out of 200. Auto accidents are a serious problem. Numerous accidents in the Washington, DC area and elsewhere have involved RV's. The past month has been an unusually dangerous one on DC-area roads, with multiple serious accidents and fatalities, so the news of the RV recalls is critical for driving safety.

If an RV is involved in an accident due to a defect in the vehicle's design, construction, or marketing, the manufacturer may be liable for damages caused by the defect under the theory of products liability. A design defect is one where the product may work, but is dangerous to use because of an error or omission that occurred before the product was ever built. A construction or manufacturing defect most likely happened when the product was assembled or produced, and may cause the product not to function correctly. A marketing defect involves incorrect or insufficient instructions or guidance on how to use the product safely, or a failure to warn consumers about some dangerous characteristic of the product. The defects noted in the RV recall appear to be design or manufacturing defects.

An injured person making a claim of products liability may recover damages due to product defects for property damage, medical expenses, lost wages, and pain and suffering. Products liability is often a matter of strict liability, meaning that a manufacturer may be liable for damages even if it did not know of the defect. In claiming products liability, an injured person should look at the manufacturer of the product as well as any distributors and retailers responsible for marketing the product.

Continue reading "Safety Recalls of RV's in Washington DC" »

The US Food and Drug Administration is proposing that surgical mesh products be subject to tougher regulations. The mesh products, which are placed in the vagina to treat pelvic organ prolapse and stress urinary incontinence, can cause serious injuries. In an update to its 2008 advisory warning that transvaginal mesh products can serious complication, last month the federal agency announced that these complications are not rare.

If you or someone you love has experienced bleeding, organ perforation, infection, urinary issues, and severe pain after undergoing a transvaginal mesh procedure, you may have reason for filing a Washington DC products liability case against the manufacture of the surgical mesh products. These medical devices are currently manufactured by about nine companies, including Boston Scientific Corp. and Johnson & Johnson.

Now that the FDA believes that the severity and rate of injuries related to surgical mesh to treat POP repair are serious enough to raise questions about the safety of these medical devices, the federal agency is proposing that new mesh products go through a premarket review process. This would require companies to conduct studies examining a product’s effectiveness and safety before it is approved. Right now, mesh products are subject to the 510(k) process, which is less rigorous.

According to consumer advocacy group Public Citizen, of the almost 300,000 women who underwent surgery for pelvic organ prolapse in 2010, nearly 67,500 women underwent procedures involving a mesh product that was implanted in their vaginas. From these transvaginal procedures, federal regulators received 1,503 reports of complications, such as mesh implant erosion and pelvic organ injuries. Also, surgical mesh-related complications may require a woman to undergo more surgeries, which can place her at risk of additional complications and decrease her quality of life.

Our Washington DC personal injury lawyers represent clients that have sustained injury, illness, infection, or died because the medical device they used proved unsafe, dangerous, defective, and/or worsened their condition or health.

Public Citizen calls for a ban of surgical mesh devices, NJ.com, August 25, 2011

FDA Planning Tougher Regulations For Surgical Mesh, The Wall Street Journal, August 31, 2011

Related Web Resources:
FDA

Pelvic Organ Prolapse, Web MD

Stress urinary incontinence, NIH

More Blog Posts:
Are Some Children Undergoing Unnecessary CT Scans?, Washington DC Injury Lawyer Blog, May 11, 2011

Dangerous Medical Device?: Woman Files Cold Therapy Lawsuit Against DeRoyal Industries Alleging Tissue Damage, Maryland Accident Law Blog, June 18, 2011

US Lawmakers Seek to Reinstate Right to Sue Medical Device Makers for Personal Injury and Wrongful Death, Maryland Accident Law Blog, February 19, 2009

Continue reading "Washington DC Defective Medical Device Cases: Surgical Mesh Can Cause Serious Side Effects" »

Police are saying that a tire blowout may have caused the deadly tour bus crash on I-390 that killed two people and injured several others—leaving at least three of them with severe injuries—on Sunday. The bus, which had left Washington DC, was headed to Niagara Falls. As of midday Monday, media sources were reporting that 20 people remain hospitalized. Injuries include internal injuries, fractures, and head wounds, which are consistent with injuries from a bus accident.

The bus driver reportedly lost control of the bus at around 4pm in the Avoca area. The vehicle left the road before going down an incline and tipping over in a wooded area.

Today, at a news conference, New York State Police Superintendent Joseph D’Amico said that driver fatigue and alcohol are not likely factors in the crash. Also, in addition to the driver’s log being “proper” the front tires on the bus had just been replaced with new ones in the last couple of months. It was one of these tires that appears to have blown out.

The two passengers that died, Shail Khanna, 66, and Sakina Kiazar, 52, and the 34 other passengers on the bus were with tour group from India. The two women were seated behind the driver’s seat, which was the only seat on the bus with a safety belt. Tour buses do not have to have seat belts for passengers.

According to state Department of Transportation staff, the bus passed its last inspection on June 28 and has a good safety record. Bedore Tours was given a “satisfactory” (which is the top) rating by federal inspectors last year.

Tire Blowouts
Tire blowouts can prove fatal—especially if they cause a driver to lose control of the vehicle. A tire manufacturer can be held liable if its tire's defects caused a DC traffic crash that resulted in injuries or deaths. If it was the driver who failed to replace or properly maintain the tires or a repair company that didn’t correctly check to make sure that a tire was in proper driving condition, either party could also be held liable.

In an accident such as the one discussed here, other possible liable parties—defending on the evidence found—might also include the tour operator, the tour bus driver, or the bus company owner.

Trip normal till tire blew out, Rochester bus driver says after I-390 crash, Democrat and Chronicle, July 18, 2011

Tour bus from D.C. crashes in N.Y.; 2 dead, The Washington Post, July 17, 2011

Related Web Resources:
Bedore Tours

SaferCar.gov

More Blog Posts:
Frederick County, School Bus Crash Involving Injuries Went Unreported, Say Maryland State Police, Maryland Accident Law Blog, October 28, 2010

Baltimore Personal Injury News: Six Hurt in Montgomery County Car-School Bus Accident on I-270, Maryland Car Accident Attorney Blog, June 3, 2011

Maryland Traffic Injury News: Car Hits City Bus in Baltimore County; 12 Passengers Hurt in Crash, Maryland Car Accident Attorney Blog, May 28, 2011

Continue reading "Tour Bus From Washington DC Involved in Deadly Crash May Have Been Derailed by Tire Blowout" »

The family of John Donald Rupp III, a DC Area teenager, is suing Phusion Projects, which manufactures the caffeinated alcoholic drink Four Loko, for his wrongful death. The 15-year-old died when a car hit him near his home last September. His family says that the collision happened after he drank Four Loko, which caused him to become disoriented.

In their wrongful death lawsuit, Rupp’s family accuses the drink maker of negligence and carelessness. They contend that Four Loko “desensitizes users to the symptoms of intoxication,” while upping the risk of injury related to alcohol.

The Food and Drunk Administration has warned that caffeine is not a safe food additive to mix with alcohol. Meantime, experts have said that drinks that have both alcohol and caffeine are associated with high-risk behavior. Weeks after Rupp’s passing, Phusion Project said it would take the stimulants, including caffeine, from its products.

Also a defendant in this wrongful death lawsuit is the RaceWay gas station, where Rupp bought the drink. Rupp’s parents say that the station clerk let their son, who is a minor, buy the drink.

DC Products Liability
If you believe that a food or beverage caused you to become sick or disoriented or behave in a strange manner, you may have reason to file a Washington DC injury claim against the party that sold, made, or provided you with the beverage. Food and drink manufacturers are supposed to make sure that the products that they make are not contaminated or spoiled or contain any substances that could cause serious injury or death.

Prior to the pedestrian accident, Rupp drank two cans of Four Loko. He had been attending a concert and staff there called his mom to ask that she get him because of his “erratic and agitated” behavior. Rupp then left on his own on foot. He either fell or sat on a highway where he was hit by a motor vehicle.

Family Sues Manassas Gas Station After Son's Death, ManassasPatch, May 27, 2011

Maker of Four Loko hit with wrongful death suit, Chicago Tribune, May 19, 2011

Related Web Resources:
Phusion Projects

Four Loko

More Blog Posts:
CPSC Recalls 1M Pool and Hot Tub Drain Covers Because They Pose Drowning and Entrapment Risks, Washington DC Injury Lawyer Blog, May 26, 2011

Wrongful Death Lawsuit Filed Over Elderly Nursing Home Resident’s Salmonella-Related Death from Allegedly Eating Peanut Butter, Maryland Accident Law Blog, January 29, 2009

Mother Sues Crocs for Personal Injury After Son’s Right Toe is Mangled While Riding Baltimore Aquarium’s Escalator, Maryland Accident Law Blog, December 4, 2008

Just two days before the Memorial Day holiday weekend, the Consumer Product Safety Commission has recalled approximately 1 million pool and hot tub drain covers because they could pose drowning and entrapment hazard to children and adults. Hundreds of thousands of pools and hot tubs, both private and public, may be affected. CPSC chairwoman Inez Tenenbaum is asking for public pools that have been using the recalled drain covers to temporarily shut down operation until the drain cover can be inspected, repaired, and/or replaced. However, she did also say that not all of the recalled drain covers will need to be changed or fixed.

The recall was announced because the CPSC found that many of the drain covers, which were supposed to meet the safety regulations that were implemented in 2008, were certified by labs that applied faulty standards. As a result, some of the drains have inaccurate flow ratings.

Our DC injury lawyers are familiar with the serious injuries that can result from pool drain covers that don’t meet the safety standards mandated by 2008 law. The vacuum effect of some drains can be so powerful that without the proper covering, a swimmer can get suctioned to a drain and drown. In 2007, one 6-year-old girl’s intestines were partially sucked out by a swimming pool drain. She had to have transplants of the small bowel, liver, and pancreas, and she eventually died.

The pool and hot tub drains included in the recall were made by a number of companies: A & A Manufacturing, Color Match, AquaStar Pool Products, Hayward Pool Products, Custom Molded Products, Rising Dragon USA, Pentair Water Pool and Spa.

Drain cover recall could close thousands of pools, USA Today, May 26, 2011

Drowning Risk Prompts Biggest Ever Recall Of Backyard Pool Drain Covers, ABC News, May 26, 2011

Eight Manufacturers Recall Pool and In-Ground Spa Drain Covers Due to Incorrect Ratings, CPSC, May 26, 2011

Related Web Resources:
Pool Safety

Virginia Graeme Baker Pool and Spa Safety Act

More Blog Posts:
CPSC Offers Tips to Prevent Washington DC Pool Drowning Accidents, Washington DC Injury Lawyer Blog, May 4, 2011

Pool Drain Sucks Small Intestine From Six-Year-Old Girl; Maryland Residents Push For Tougher Pool Safety Laws, Maryland Accident Law Blog, July 9, 2007

Continue reading "CPSC Recalls 1M Pool and Hot Tub Drain Covers Because They Pose Drowning and Entrapment Risks" »

According to a new study by UC Davis Health System, not all children who sustain minor blunt head trauma need to undergo CT scans. Yet, about half of those who do end up in hospital ERs for this type of injury get a head computed tomography scan. More about the study can be found in the June 2011 issue of Pediatrics.

Our Washington DC personal injury law firm represents children and adults who suffered unnecessary injury or health complications because of medical negligence. If you believe that unnecessary exposure to radiation from a medical device, do not hesitate to contact us and ask for your free consultation.

Researchers evaluated 40,113 under age 18 who went to 1 of 25 emergency rooms between June 2004 and September 2006. 5,433 of the kids were observed before medical staff decided to give them a CT scan. What researchers found is that not only was CT use was lower in the children who were observed, but also this did not affect the quality of care that they received. 3,744 of these kids went home without a scan and only 26 of them came back to have one. Of these children, four had traumatic results and just one had a clinically important injury that required hospitalization for two nights.

The fact that not all children with a minor head injury needs to undergo a head scan to get treated properly is good news, seeing as exposure to radiation through CT scans does carry some health risks—especially for children. A single CT scan to a child’s brain provides a dose of radiation equal to about six months to a year of “background radiation.” Radiation can increase the chances of a child developing cancer later in life.

Obviously some head injuries are serious enough to warrant a CT scan, but it is also important that children not be exposed to radiation from this type of test unnecessarily. It might be a good idea to ask your child’s doctor whether there are other medical imaging tests that can be used that wouldn’t expose your son/daughter to radiation.

UC Davis study examines need for CT scans in children, The Sacramento Bee, May 10, 2011

Observation After Head Injury Cuts Kids’ CT Scans, WebMD, May 9, 2011

Related Web Resources:
Pediatrics

Radiology

More Blog Posts:
Botox May Get Rid of More than Wrinkles, Says New Study, Washington DC Injury Lawyer Blog, April 23, 2011

US Lawmakers Seek to Reinstate Right to Sue Medical Device Makers for Personal Injury and Wrongful Death, Maryland Accident Law Blog, February 19, 2009

Walgreens Pharmacy Misfill Leaves Toddler With Dangerous Drug, Pharmacy Error Injury Lawyer, May 4, 2011

Continue reading "Are Some Children Undergoing Unnecessary CT Scans? " »

According to a new study, Botox not only smooths wrinkles, but it may also dull your ability to comprehend other people’s emotions. This latest finding was published in the Social Psychology and Personality Science this week. Our Washington DC Injury Lawyer Blog team will continue monitor this story in the event that there are more developments.

One of the cosmetic uses for Botox is to paralyze the muscles so as to reduce facial movements that can lead to wrinkles. USC psychology professor David Neal, who is the research’s lead author, says that if someone’s “muscular signals to the brain are dampened” he/she is likely “less able to read emotions.” He wants Botox users should think about whether getting injections of the botulinum toxin is decreasing their ability to comprehend people’s emotions and empathize. Another study published in the journal Emotion last year found that Botox might inhibit a person’s ability to feel emotions.

Controversy over whether the benefits of Botox outweigh the risks has been going on for some time now. While there are known medical benefits when Botox is used to treat certain conditions, serious side effects have included aspiration pneumonia, partial paralysis, and death.

Just this week, a federal jury started hearing one man’s products liability lawsuit against Allergan over his personal injuries that he claims are Botox-related. Douglas Ray Jr. claims that the drug, which he took to alleviate writer’s cramp, left him totally disabled and with brain damage.

Ray, 65, contends that the drug manufacturer promoted that Botox could be used to treat writer’s cramp and hand tremors—even though the US Food and Drug Administration had not approved Botox for these uses. He contends that he experienced a severe immune reaction to the drug, which resulted in his permanent injuries. Ray is seeking more than $20 million.

Washington DC Products Liability
A person who is injured or gets sick from taking a defective or dangerous drug, or one that has side effects that a manufacturer never warned about, may be able to file a Washington products liability lawsuit to recover damages.

Botox may deaden perception, study says, USA Today, April 21, 2011

Study: Botox cuts ability to read others, UPI, April 23, 2011

Federal jury in Va. begins hearing $20M lawsuit alleging Botox caused man's brain injury, CBS 6, April 20, 2011

Related Web Resources:
Social Psychology and Personality Science

Botox, Allergan

Botulinum Toxin, Overview, Medscape

More Blog Posts:
Mother Sues US Secretary of Health and Human Services in Washington DC Alleging Daughter Was Injured by HPV Vaccine, Washington DC Injury Lawyer Blog, May 4, 2010

Products Liability Lawsuits Cost Bausch & Lomb Over $250 Million, Maryland Accident Law Blog, June 1, 2009

ISMP—Prescribing Fentanyl Pain Medication for Short-Term Pain Be Deadly, Pharmacy Error Injury Lawyer, January 25, 2011

Continue reading "Botox May Get Rid of More than Wrinkles, Says New Study" »

Two months after recalling 144,000 Ford F-150 Pickup Trucks over concerns that the air bags might deploy inadvertently, Ford Motor Co. has expanded its recall to 1.2 million pickup trucks. Our Washington DC car accident lawyers are pleased to see that the automaker has decided call in these additional vehicles, a move that had been called for by the National Highway Traffic Safety Administration.

Following the original recall, NHTSA said that the recall of the 144,000 vehicles wasn’t enough to address the air bag safety issue, which had resulted in at least 269 inadvertent air bag deployments and about 98 injuries. Ford, however, insisted that only those vehicles were affected by the problem, which involves a possible short-circuit that could cause the safety device to suddenly go off. The wiring needs to be replaced. In addition to more F-150 pickup trucks (model years 2004, 2005, and 2006), Ford is now also recalling a number of Lincoln Mark LT trucks (model year 2006).

Air Bag Safety
Air bags are there to protect occupants during a DC car crash. They are supposed to deploy during accidents to prevent the people in the car from hitting the interior of the auto or objects outside. There are sensors that are supposed to measure when a collision is serious enough to warrant air bag deployment. According to the NHTSA, as of January 1, 2009, air bags have saved over 28,000 people.

That said, injuries can also result if an air bag doesn’t deploy when it should, inflates too quickly, or deploys when there is no need for an air bag. Injuries may include minor scrapes and bruises, eye injuries, hand and finger injuries, chest injuries, internal injuries, head injuries, or other serious injuries.

Our Washington DC auto products liability lawyers represent clients who have suffered serious injuries because of auto defects.

Ford expands recall of F-150 pickup truck to about 1.2 million vehicles, Los Angeles Times, April 15, 2011

Ford F-150 recall greatly expanded: safety regulators, Reuters, April 14, 2011

Related Web Resources:
Air Bags, Insurance Institute for Highway Safety

Air Bags, NHTSA

More Blog Posts:
Preventing Traffic Crashes: NHTSA Unveils Enhanced 5-Star Safety Rating System for New Vehicles, Washington DC Injury Lawyer Blog, October 5, 2010

Catastrophic Car Accident Victims and Their Families Ask Capitol Hill to Guarantee Products Liability Payments from Bankrupt General Motors and Chrysler, Maryland Accident Law Blog, June 4, 2009

NHTSA Examines 2.7 Million General Motors SUVs and Trucks for Potential Fire Hazard, Maryland Accident Law Blog, June 27, 2008

The National Highway Traffic Safety Administration says it is recalling nearly 800,000 child safety seats made by Dorel Juvenile Group. The recall, which affects infant, convertible, and booster seats, was issued because of concerns that the harnesses may not be able to keep children secure. Our Washington DC products liability law firm represents children injured because their child safety seat or another product failed or was defective and we are pleased to hear that steps are being taken to remedy a hazard that could potentially endanger kids and babies.

The recalled child safety restraints were manufactured between May 1, 2008 and April 30, 2009. They were sold under the brands Maxi-Cosi, Safety 1st, Julie Vallese, and Eddie Bauer. There is concern that because the harness locking and release button do not always go back to its locked position, the harness adjustment strap might slip back through the adjuster while a child moves around in the seat. This could loosen the harness, placing the child at serious risk of injury during a traffic crash.

While Dorel says it has received 143 complaints over the front harness loosening, the manufacturer was quick to say that it does not consider the issue to be a safety defect and that no related reports of injuries or deaths have been filed.

DJG says it will give consumers a repair kit to fix the safety issue. Consumers can keep using the DJC child safety restraints before the remedy has been applied, but they should make sure that the lock/release button is securely in the locked position and that the harness is properly adjusted and hasn’t come loose.

Washington DC Personal Injury
A child can die during a DC car crash because he/she was seated in a defective car seat. This is why it is so important that manufacturers make sure their child safety restraints are designed and made properly. Common child safety seat defects:

• Poor construction
• Design defects
• Shell separation
• Harness defects
• Mechanism failures
• Inadequate instructions
• Insufficient testing of seats

Nearly 800,000 Dorel Child-Safety Seats Are Recalled, NY Times, February 14, 2011

Consumer Advisory: Dorel Recalling Nearly 800,000 Child Safety Seats For Safety Harness Issue, NHTSA, February 14, 2011

Related Web Resources:
Dorel Juvenile Group

Child Safety Seats, US Department of Transportation

Related Web Resources:
Drop-Side Cribs No Longer Allowed, Rules CPSC, Washington DC Injury Lawyer Blog, December 22, 2010

Preventing Washington DC Injuries to Children: Graco Strollers, Fisher-Price Toys, and Drop-Side Cribs by Ethan Allen, Victory Land, and Angel Line Among Latest Recalls Issued, Washington DC Injury Lawyer Blog, October 23, 2010

CPSC Recalls “ChildESIGNS” and Generation 2 Worldwide Drop-Side Cribs Following Three Child Deaths, Washington DC Injury Lawyer Blog, February 10, 2010

Continue reading "Nearly 800,000 Dorel Child Safety Seats Recalled " »

Last year, our Washington DC wrongful death lawyers reported on a DC injuries to minors accident linked to a baby monitor cord. Savannah Caroline, 10 months, died last March after she became entangled in the cord. Eight months later, a 6-month old baby died after he too was strangled because of his video monitor’s cord.

Now, Summer Infant and the Consumer Product Safety Commission are recalling about 1.7 million video baby monitors. The recall will allow Summer Infant to provide new on-product warning labels and instructions so that parents and guardians will know where they can place the baby monitor so that it doesn’t pose an injury hazard to kids. Summer Infant is also recalling the rechargeable batteries of another 58,000 video monitors because they pose a possible burn hazard. These monitors were sold at Babies R Us in 2009 and 2010.

Injuries caused by products that malfunction, have design defects, or fail to provide instructions or warnings on proper use can be grounds for a Washington DC products liability lawsuit against the manufacturer. The supplier or seller can also be held liable for DC personal injury or wrongful death for making the defective or dangerous product available for purchase.

Strangulation is an all too common problem when it comes to babies and certain product defects. Manufacturers know this and it is their responsibility to prevent these types of accidents from happening.

Last year, the CPSC provided a Safety Alert warning parents of what to do to keep their kids from strangling in a baby monitor cord:

• Make sure that the cord and the monitor is placed far away enough that the baby cannot reach for it.
• Make sure that the cord is over three feet away from any crib, play yard, bassinet, or sleeping area.
• As your baby grows, constantly check to make sure that he/she still cannot reach the monitor cord.

Two Strangulation Deaths Prompt Summer Infant to Recall Video Baby Monitors with Cords; Firm to Provide New On-Product Label & Instructions, CPSC, February 11, 2011

Big recall of baby monitors linked to 2 deaths, AP/Google, February 11, 2011

Related Web Resources:
Baby Products, Consumer Reports

Recalls

Related Blog Posts:
Washington DC Injury: Strangulation Accident Involving Baby Monitor Cord Causes 10-Month-Old's Death, Washington DC Injury Lawyers Blog, October 28, 2010

Preventing Washington DC Injuries to Children: Graco Strollers, Fisher-Price Toys, and Drop-Side Cribs by Ethan Allen, Victory Land, and Angel Line Among Latest Recalls Issued, Washington DC Injury Lawyers Blog, October 23, 2010

Washington DC Injuries to Children: Banning Drop-Side Cribs, Washington DC Injury Lawyers Blog, August 17, 2010

Continue reading "Washington DC Strangulation Accident Prompts Baby Monitor Recall" »

The National Highway Transportation Safety Administration has a new rule that will hopefully help decrease the number of occupant ejections that occur in passenger vehicle crashes. U.S. Transportation Secretary Ray LaHood announced the final rule today. He said that the “new standard will help save lives and reduce injuries.”

Per the new rule, automakers must create a countermeasure for light passenger autos weighing less than 10,000 pounds that will keep the equivalent of an adult without a seat belt from moving over 4 inches past the side window opening during a traffic crash—especially during a rollover accident. The new standard applies to the side windows next to the first three rows of seats and to part of the cargo area behind rows one and two will start phasing in during 2013. All new vehicles will have to offer this ejection protection by 2018. NHTSA administrator David Strickland has said that once this standard is fully implemented, about 476 serious injuries and 374 fatalities will be prevented each year.

A person ejected from a vehicle during a Washington DC auto accident has a three times greater chance of dying than the person who was able to remain inside the vehicle. Partial ejections can also result in catastrophic injuries or wrongful death.

In some DC car accidents, a passenger is ejected from the vehicle because he/she was not using a seat belt. Still, other ejections happen because the seat belt malfunctioned, the vehicle’s roof was not well-structured, or the impact of the crash was so forceful that the person was inevitably thrown from the vehicle. There may be a negligent driver, car manufacturer, auto part manufacturer, or another liable party who can be held liable for Washington DC auto products liability.

Final rule aimed at reducing partial and complete vehicle ejections, NHTSA, January 13, 2011

Automakers face tough new rollover-crash rule, CNN, January 13, 2011

Related Web Resource:
Read More About the New Ejection Standard, NHTSA (PDF)

Continue reading "Will The New NHTSA Rule Prevent Passenger Ejections During Washington DC Car Accidents?" »

Consumer Product Safety Commission has voted to ban the manufacture and sale of drop-side cribs. Under the new government crib standards, which hadn’t been modified in almost three decades, all cribs must have fixed sides by June 2011. Hotels and daycare centers also have to get rid of any drop-side cribs that they have been using, which the CPSC estimates will affect about 935,000 drop-side cribs and could cost around $467.5 million. Some 43,303 inns and hotels and 59,555 day-care firms are expected to be impacted.

The new federal standards calls for better labeling on crib parts, tougher testing, which includes tests that mimic what its like to have an actual child in a crib, better mattress support, and sturdier crib hardware. While drop-sides have proved convenient for adults wanting to more easily reach their children that are in the crib, drop-side malfunctions, too big of a gap created between the drop side and the mattress, broken crib slats, and other defective crib parts have proven too dangerous.

The CPSC has recalled over nine million drop-side cribs since 2005 and over 11 million cribs since 2007. At least 32 child deaths have been linked to strangulation and suffocation accidents involving drop-side cribs. There have been other deaths linked to defective or faulty crib hardware.

Our Washington DC products liability lawyers are concerned over the number of injuries and deaths that continue to occur because of dangerous or defective products. Hopefully, the ban on drop-side cribs will reduce the injury and death rates of young children.

A few months ago, USA TODAY said that its analysis of data from CPSC found that prior to issuing crib recalls, 14 crib companies were named in over 900 incident reports involving drop-side crib-related deaths and injuries. Crib entrapment, strangulation, and suffocation are among the causes of serious crib injuries to a child. Fall accidents caused by a malfunctioning drop-side crib can also result in painful injuries.

Day Cares, Hotels Must Replace All Cribs on U.S. Safety Rules, Bloomberg/Businessweek, December 22, 2010

CPSC's ban on drop-side cribs takes effect in June, USA Today, December 16, 2010

CPSC Approves Strong New Crib Safety Standards To Ensure a Safe Sleep for Babies and Toddlers, CPSC, December 17, 2010

Drop-side crib ban 'a long time coming', Sun-Times, December 16, 2010

Related Web Resources:
Consumer Product Safety Improvement Act of 2008 (PDF)

Product Recall Finder, BabyCenter

Continue reading "Drop-Side Cribs No Longer Allowed, Rules CPSC" »

The US Public Interest Research Group has published its 25th annual toy safety report called “Trouble in Toyland.” The group is warning buyers to watch out for potentially dangerous or toxic toys that will be available on store shelves this holiday season.

Also, among the study’s findings:
• Choking is still the leading cause of toy-related deaths in the US.
• Despite the recall of millions of toys because of high levels of lead, there may still be children’s jewelry and toys being sold that contain unacceptable levels of lead.
• Even though there is now a ban on three classes of phthalates in kids’ products, PIRG still found products containing levels of phthalates that were too high.

Our Washington DC child injury lawyers know how much care you invest in protecting your child and we aware that it can be incredibly upsetting to discover that your son or daughter became sick, got hurt, or died because a manufacturer made a defective or dangerous toy.

Recently, World Against Toys Causing Harm (WATCH) Inc. put out its 2010 list of 10 Worst Toys:

• Buzz Magnets: Small magnet pieces can pose a choking hazard. If the magnets are swallowed, they can cause serious internal injuries.

• Spy Gear Split-Blaster: Darts used by this toy can cause serious eye injuries.

• Kung Fu Panda Sword of Heroes: The sword’s hard plastic can cause serious injuries upon impact.

• Big Bang Rocket: Loud noise made by the toy rocket can potentially cause hearing damage.

• Supasplat Splatblaster: High velocity toy gun can cause eye, facial, and other injuries.

• Animal Alley Pony: Fiber-like hair on the ponies can pose an aspiration or ingestion hazard.

• Walkaroo II Aluminum Stilts: WATCH questions whether it is realistic to expect kids as young as age 5 to stay balanced on the stilts. May cause head or other injuries during a fall.

• My First Mini Cycle: Can pose a head injury risk if toddler riding it falls off. Helmet use is strongly recommended.

• Ballzillion Tug Boat Play Center: Can cause injury or death if used as a flotation device.

• Pull Along Caterpillar: The breakaway pull string can pose a choking hazard to babies.

Trouble in Toyland: The 25th Annual Survey of Toy Safety, US PIRG, November 23, 2010

Trouble in Toyland: This Year's Dangerous Toys, Fox 8, November 23, 2010

WATCH's 10 most dangerous toys, Boston.com

Related Web Resources:
Read PIRG's Report (PDF)

World Against Toys Causing Harm

Maryland Accident Law Blog

Continue reading "Dangerous Toys Still Found on Store Shelves, Says PIRG" »

Four people were transported to the hospital on Saturday following a Washington DC escalator accident at the L'Enfant Plaza Metro station stop. Officials are trying to determine what happened.

The escalator injuries sustained by the victims are reportedly non-life threatening. However, according to MyFox.com, one person who was hurt says that 19 people reportedly ended up in a pile after they were thrown off the moving staircase when it suddenly accelerated out-of-control. Wtop.com quotes one witness as describing the incident as a “frightening carnival ride.” Another witness to the Washington DC injury accident noted the smell of “burning brakes.”

Escalator Accidents
Every day, hundreds of millions of people in this country ride escalators. In a 2005 CBS.com article, the news outlet reported that approximately 10,000 people a year end up in hospital emergency rooms because of escalator accidents. Some of these incidents have proven fatal.

Common causes of escalator accidents:
• Design flaws
• Escalator malfunction
• Manufacturing defect
• Missing escalator parts
• Step collapse
• Inadequate maintenance
• Installation errors
• Missing escalator teeth
• Worn escalator belt

Elderly seniors and young children are at higher risk of injury than teens and adults of becoming involved in and getting hurt during an escalator accident. Fall accidents, trip and fall accidents, and hand and foot entrapment accidents are some examples of accidents that can occur on an escalator. Broken bones, head injuries, asphyxiation injuries (from the victim’s clothing getting stuck in the escalator), head injuries, serious hand and foot injuries, and wrongful death can occur.

Questions remain after Metro escalator accident, wtop, November 1, 2010

4 Hurt in Metro Escalator Accident, MyFoxDC, November 1, 2010

Related Web Resources:
Deaths and Injuries Involving Elevators and Escalators, ELCOSH.org

Escalator Injury Articles, Science Daily

Washington Metropolitan Area Transit Authority

Continue reading "Escalator Malfunction at DC Metro Station Injures Four" »

The US Consumer Product Safety Commission wants parents and caregivers to know that placing a baby audio and video monitor cord too close to a crib can create a strangulation hazard for kids. It was just in March that 10-month old died in a Washington DC strangulation accident when she became entangled in the camera monitor cord.

According to the Savannah Caroline’s parents, Charlie Pereira and Lisa Rushton, their daughter grabbed for the monitor, which had been placed out of her reach, pulling the device into the crib with her. Although a recall has not been issued, the CPSC is cautioning adults and guardians to be careful and make sure the monitor is far away from a child’s grasp.

The CPSC says it has received six infant death reports involving this type of monitor since 2004. There have also been reports of three babies who became entangled in the cord but were rescued before they suffered serious injuries.

According to experts, kids and cords together can create a dangerous situation. Entanglement, choking, and strangulation can occur. The CPCS is offering a number of recommendations for how to make sure that your child doesn’t accidentally get caught in any type of cord:

• Use a wireless baby monitor.
• If you are using a corded monitor, keep the monitor and cord away from children.
• Keep other cords, such as drapery cords, lamp cords, and other electrical cords away from your child.
• Any type of long material (for example, long drawstrings on a piece of clothing) that your child can get entangled in may pose a strangulation hazard.

Product manufacturers can be held liable for products liability if their product is designed in such a manner that can cause injuries. Product malfunction and failure to warn of a hazard can also be grounds for a Washington DC products liability case.

Parents Say Baby Monitor To Blame For Daughter's Death, ClickOnDetroit, October 21, 2010

Keep Baby Monitor Cords Out of Reach, CPSC, October 12, 2010

Related Web Resources:
Most Childhood Injuries Occur at Home, The Children's Hospital

Children's Safety Network

Continue reading "Washington DC Injury: Strangulation Accident Involving Baby Monitor Cord Causes 10-Month-Old's Death " »