Topeka Personal Injury Lawyer - Defective Products

Lawsuit Over Lead in Thomas Toys Settled for $30 Million

Jenny Albano — Wed, 23 Jan 2008 21:14:23 GMT

RC2 Corp., the maker of Thomas & Friends Wooden Railways toys, has settled a class-action suit about last year's recalls because of lead paint for $30 million. The settlement, which received preliminary approval in the Circuit Court of Cook County, Ill., calls for reimbursements for all its consumers and improved safety.

Consumers can be reimbursed in cash for the recalled toys or they can receive a replacement and bonus toy. Customers who do not have the recalled toys and proof of purchase can receive $15 coupons.

The Thomas recall -- covering 1.5 million toys in June followed by 200,000 in September -- was the first to raise global concerns about excessive levels of lead paint in toys made in China. In the 12 months ended Sept. 30, 19 of 61 U.S. toy recalls were because of lead paint, the Consumer Product Safety Commission says.

Before the recalls RC2 had some quality controls but relied on what Chinese manufacturers told it. According to the settlement RC2 must improve testing and auditing of materials, better communication, and make sure contract manufacturers meet their standards.

Since the recall, RC2 has dropped the Chinese manufacturer. The company previously did random testing quarterly or twice a year, like many other companies do. RC2 has now increased testing of materials and toys, set stricter standards for manufacturers and paint suppliers, and increased random inspections and audits. The company also now requires lab test results for every batch of wet paint.

Final court approval of the RC2 settlement is expected in May.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Many Halloween Toy Recalls Question CPSC's Ability

Jenny Albano — Wed, 31 Oct 2007 17:48:20 GMT

In the past month the CPSC has recalled numerous Halloween toy products saying they are unsafe for children. Now the government is saying the the recalls aren't enough to secure consumer safety, they want new measures to protect people from foreign imported products.

The recalls include 142,000 purple witch buckets because of excess lead in the surface paint, 55,000 candy-filled skull pails because of the lead problem, 120,000 "Creepy Cape" costumes, 97,000 Mr. Potato Head "Make a Monster Pumpkin" due to a choke hazard, 63,000 Frankenstein cups, and today's new recall- "Ugly Teeth" which were recalled due to excess lead.

House Speaker Nancy Pelosi, D-Calif., and other members of Congress have called for the resignation of the acting chair of the Consumer Product Safety Commission, Nancy Nord, and are proposing legislation that will, among other things, make it illegal to knowingly sell products that could be subject to a recall.

Those who want to change the regulations of the CPSC say that since trade has opened with foreign countries, regulations on imports have become much more lax and funding has been cut. Also, other countries may not have the same standards when it comes to safety practices for manufacturing. These problems make it hard to know items are safe to use.

The problem with recalls has become so widespread that some parents have been buying lead-testing kits at hardware stores and completing their own analyses of their children's toys at home.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Warning Issued by Kansas AG on Faulty Tires

Matthew Bergmann — Fri, 03 Aug 2007 10:31:57 GMT

Faulty tires may be driving on Kansas roads, as Attorney General Paul Morrison issued a warning to consumers this week.

The potentially dangerous tires were manufactured by Hangzhou Zhongce Rubber Co. Ltd. in China and distributed in the U.S.A. under the names Westlake, Compass and YKS. Foreign Tire Sales, Inc., made the inital call that the tires were experiencing high rates of tread seperation, but an offical recall has yet to be made. The National Highway Traffic Safety Administrations does expect a recall to be issued by mid-August 2007. The warning focuses on tires sold between 2002 to 2006 for light trucks, sports utility vehicles and vans.

Additional information can be found FTS's Web site at www.foreigntire.com.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Matthew Bergmann

Home Depot Faces Lawsuits Due to Stand 'N Seal grout sealer

Jenny Albano — Thu, 12 Jul 2007 17:58:55 GMT

Stand 'N Seal Spray-On Grout Sealer has been generating complaints for months about adverse side effects that are sending consumers to the hospital. Now there are over 160 people across the country that have brought product liability suits against The Home Depot, seller of the product, and five other companies that helped manufacture and distribute the grout sealer. The plaintiffs claim the use of the grout sealer permanently damaged their health.

Stand 'N Seal is an aerosol chemical spray containing Flexipel -- an ingredient that should never have been produced in aerosol form. Two people have died after exposure to Stand 'N Seal

One plaintiff, James Flynn, has incurred permanent injuries to one of his lungs; he had to stay in the hospital for an extended period of time.

All the defendants are refuting the allegations against them. The companies are trying to turn the blame onto the consumers, who they say misused the product.

Flynn's attorney, Frank Ilardi, disagrees with the companies. He states that an ingredient in the grout sealer was changed, and before that there were no complaints about the Stand 'N Seal grout sealer. In April 2005, one of the ingredients, Zonyl, was replaced with Flexiple. The problem with the formula change was that the material data safety sheet said not to aerosolize Flexipel, but the manufacturing companies continued production of an aerosol spray.

The main manufacturer of Stand 'N Seal, Tile Perfect, eventually alerted Home Depot of a voluntary recall of 300,000 cans of the grout sealer. Those batches were removed from Home Depot stores, but the product continued to sell and cause injuries. Stand 'N Seal was finally removed from stores in March 2007 when Tile Perfect found out there were more batches with problems.

The companies included in the lawsuits are Home Depot, Tile Perfect, Innovative Chemical Technologies, Ortec Inc., and SLR Inc.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Contaminated Beef In Kansas?

Matthew Bergmann — Mon, 14 May 2007 10:27:46 GMT

A Michigan firm has recalled 129,000 pounds of beef products, due to possible contamination with E.coli. Some of this beef was shipped to food service distribution centers and "Marketplace" stores in Kansas.

The beef products were produced between March 1 and April 30, 2007. Included are boxes of mechanically tenderized steaks and ground beef of varying weights. Labels on the boxes bear the establishment number "Est. 1947A" inside the USDA mark of inspection and a date code (on the top right corner of the label) between "060" and "120." Only products with those date codes are subject to recall. Each box also bears a net weight declaration and the message "Manufactured for Gordon Food Service" or "Distributed by Gordon Food Service."

Originally posted at InjuryBoard by Matthew Bergmann

Cell Phone Toy Sold at Target Recalled

Shannon Weidemann — Mon, 07 May 2007 13:30:25 GMT

A Parent's Magazine toy cell phone has been recalled after reports of the hinge pin falling out and possibly causing injury. The toy cell phone was sold at Target stores and is the Record a Voice model.

Target stores nationwide sold the phone between September 2006 and January 2007.
Only items bearing the date codes 090106 through 101206 are being recalled. The date code can be found on the bottom of the product packaging and in the battery compartment.

If you have purchased or own this phone a replacement phone or a refund can be received from the manufacturer. You can contact them at 800-247-6144. If your child has been injured while playing with this phone and you would like to speak with an attorney, please use the contact form on the right.

Originally posted at InjuryBoard by Shannon Weidemann

Rice Protein in Pet Food Contaminated with Melamine

Shannon Weidemann — Thu, 19 Apr 2007 13:56:25 GMT

Another company has recalled dog and cat food now known to contain melamine. Natural Balance has recalled all lots of Venison and Brown Rice dog food and Venison and Green Pea cat food. The rice protein in the food has been tested posiive for melamine. The company was alerted to the problem when it was contacted by several pet owners last week.

"Recent laboratory results show that the products contain melamine," Natural Balance said in a press release posted on its Web site. "We believe the source of the melamine is a rice protein concentrate ... Natural Balance has confirmed this morning that some production batches of these products may contain melamine."
Melamine is a chemical used in plastics and fertilizers, but it is not allowed in human or pet food, according to the Food and Drug Administration (FDA).

Natural Balance just recently started using the rice protein in their food. Only the recalled foods contain the rice protein and all their other products are unaffected. The company asks pet owners to stop feeding their pet the recalled food.

Originally posted at InjuryBoard by Shannon Weidemann

Pet Owners Sue Over Poision Tainted Food

Matthew Bergmann — Tue, 27 Mar 2007 12:18:18 GMT

Angry and upset pet owners are determined to take legal action against Menu Foods, who has been linked to the production, distribution and sale of pet food laced with rat poision. Nearly 100 pet owners have joined a class-action lawsuit against the company and more claims are expected to surface in the coming weeks.

Attorneys for the class action are confident that they will prevail. The suit seeks an unspecified amount of damages and the courts will have to certify the class and determine what venue will hear the case.

Company representatives have declined to comment on the lawsuit, but said that Menu Foods has received tens of thousands of consumer inquiries. The recall specifically affects food manufactured between December 3 and March 6, and is limited to "cuts and gravy" style pet food in cans and pouches produced at its plants in Kansas and New Jersey.

Recalled cat foods
America's Choice, Preferred Pets; Authority; Best Choice; Companion; Compliments; Demoulas Market Basket; Eukanuba; Fine Feline Cat; Food Lion; Foodtown; Giant Companion; Hannaford; Hill Country Fare; Hy-Vee; Iams; Laura Lynn; Li'l Red; Loving Meals; Meijer's Main Choice; Nutriplan; Nutro Max Gourmet Classics; Nutro Natural Choice; Paws; Pet Pride; Presidents Choice; Price Chopper; Priority US; Save-A-Lot Special Blend; Schnucks; Science Diet Feline Savory Cuts Cans; Sophistacat; Special Kitty Canada; Special Kitty US; Springfield Prize; Sprout; Stop & Shop Companion; Tops Companion; Wegmans; Weis Total Pet; Western Family US; White Rose; and Winn Dixie.

Recalled dog foods
America's Choice, Preferred Pets; Authority; Award; Best Choice; Big Bet; Big Red; Bloom; Cadillac; Companion; Demoulas Market Basket; Eukanuba; Food Lion; Giant Companion; Great Choice; Hannaford; Hill Country Fare; Hy-Vee; Iams; Laura Lynn; Loving Meals; Meijer's Main Choice; Mighty Dog Pouch; Mixables; Nutriplan; Nutro Max; Nutro Natural Choice; Nutro Ultra; Nutro; Ol'Roy Canada; Ol'Roy US; Paws; Pet Essentials; Pet Pride - Good n Meaty; Presidents Choice; Price Chopper; Priority Canada; Priority US; Publix; Roche Brothers; Save-A-Lot Choice Morsels; Schnucks; Springfield Prize; Sprout; Stater Brothers; Stop & Shop Companion; Tops Companion; Wegmans Bruiser; Weis Total Pet; Western Family US; White Rose; Winn Dixie; and Your Pet.

More details on the products involved in the recall are available at www.menufoods.com/recall or by calling 866-895-2708.

Originally posted at InjuryBoard by Matthew Bergmann

Rat Poision Put in Pet Food

Matthew Bergmann — Sun, 25 Mar 2007 11:43:27 GMT

Rat poision has been identified as the deadly ingredient in pet food that has killed at least 16 cats and dogs. This information was released by the New York State State Department of Agriculture and Markets Friday morning, but no additional information was given as to the source of the chemicals or how it entered the food itself.

Initial investigations had focused on wheat gluten in the pet products, but sources now believe that such a common source is not the culprit for the numerous pet deaths. The scare prompted Menu Foods to recall more than 60 million cans and pouches of wet pet food, which has been sold under at least 95 brand names in North America. Most veterinarian reports show that kidney failure is the source of death thus far for the animals.

Initally, Menu Foods delayed announcing the recall until it could confirm that the animals had eaten its product before dying. Company executives have said that two prior complaints from pet owners whose animals had died, were situations where the pet had either lived outside or in garages and possibly had access to poision or other contaminated food sources.

A complete list of the recalled products along with product codes, descriptions and production dates was posted online by Menu Foods. The company also designated two phone numbers that pet owners could call for information: (866) 463-6738 and (866) 895-2708.

Originally posted at InjuryBoard by Matthew Bergmann

Ruling Against Big Tobacco Thrown Out

Matthew Bergmann — Fri, 23 Mar 2007 09:54:28 GMT

A ruling that awarded nearly $80 million to the family of an Oregon man who died from a smoking-related disease has been reversed by the U.S. Supreme Court in a 5-4 decision.

Arguments and ultimatley the decision, in the case of Phillip Morris USA v. Williams, focused on what amount of puntitive damages juries can award against tobacco and other well-off companies in product-liability suits. In making their determination, justices followed recent precedent that puntive damages should be viewed as "actual" damages.

The case came to the U.S. Supreme Court after an Oregon jury had awarded $79.5 million to the estate of Jesse Williams, a cleaning custodian who smoked three packs per day for 47 years, until his death in 1997. Prior to that award Williams' estate was granted $800,000 in compensatory damages in 1991. As a basis for the punitive damage award, jurors in Oregon concluded that Phillip Morris engaged in fraud and negligence, which affected numerous people over a span of more than fifty years. Initially, the trial judge had reduced the puntive damages amount to $32 million, but higher state courts found cause to award the original amount.

Attorneys for Phillip Morris argued that a jury should be allwoed to punish a tobacco company by giving damages to a smoker's widow, but not other smokers. Attorneys for Williams' estate contended that argued that the family of a longtime smoker deserved compensation based only on individual harm, not harm to the public at large.

Justice Stephen Breyer penned the majority opinion. He was aided by Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and David Souter.

Dissenting were Justices Ruth Bader Ginsburg, Antonin Scalia, John Paul Stevens and Clarence Thomas.

Originally posted at InjuryBoard by Matthew Bergmann