Chicago Accident and Injury Lawyer Blog

The Illinois wrongful death attorneys at the Law Offices of Jeffrey J. Kroll have helped numerous families deal with the untimely death of a family member due to someone else's negligence. Wrongful death lawsuits present numerous issues, one being obtaining the victim's medical records, especially to determine if negligence caused or contributed to the victim's death. In the past, the deceased person's legal representative, usually a family member, was required to open an estate for the victim before being granted access to the medical records of the person that passed away. However, last month, Illinois' Governor Quinn signed a law that may make the process of obtaining a loved one's medical records a bit easier. The bill has been codified as 735 ILCS 5/8-2001.5 (2011). It states, in pertinent part:

"Authorization for release of a deceased patient's records. (a) …When no executor, administrator, or agent exists, and the person did not specifically object to disclosure of his or her records in writing, then a deceased person's health care records may be released upon the written request of:

(1) the deceased person's surviving spouse; or

(2) if there is no surviving spouse, any one or more of the following: (i) an adult son or daughter of the deceased, (ii) a parent of the deceased, or (iii) an adult brother or sister of the deceased.

(b) Health care facilities and practitioners are authorized to provide a copy of a deceased patient's records based upon a person's payment of the statutory fee and signed "Authorized Relative Certification", attesting to the fact that the person is authorized to receive such records under this Section. *** "

Upon request for records of a deceased patient, the named authorized relative must furnish the medical facility or practitioner with a certified copy of the deceased person's death certificate. The statute provides direction for preparing the Authorized Relative Certification, detailing the specific language that the requesting party should use.

The Illinois wrongful death and injury attorneys at the Law Offices of Jeffrey J. Kroll think that this statute can provide some comfort for the deceased person's family. We applaud the Illinois legislature for simplifying what can be an otherwise cumbersome and time-consuming process. Families dealing with the loss of a loved one, especially when that loss may be attributed to another person's negligence, often suffer greatly.

Continue reading "ILLINOIS WRONGFUL DEATH ATTORNEYS: OBTAINING A DECEDENT'S MEDICAL RECORDS" »

Every month, Chicago personal injury lawyer Jeffrey J. Kroll contributes to the Chicago Daily Law Bulletin in his column Balancing Life and the Law.

In this month's article, "Lawyers should take the reins with future damages", Jeff puts a holiday spin on the discussion of maximize damages for client's future medical expenses, lost earnings, future pain and suffering, disability, disfigurement and loss of consortium damages in a light of the ever-changing American economy and political climate. Here is an excerpt from his article:

My firm represents individuals who have been severely injured as a result of someone else's negligent acts. One of the most difficult tasks we have is ensuring our clients receive full and fair compensation. Before entering into a settlement or suggesting an amount of compensation to a jury, we must determine a sufficient amount of money that will provide for the individual well beyond the date of trial. Often, our clients' lives have been shattered by unnecessary and unexpected injuries. Many can no longer work or care for themselves.

In my humble opinion (with the full disclosure that I am a plaintiff's attorney), the injured party deserves the benefit of the doubt. This isn't just a "holiday, be generous" message. (Although, I am in the spirit this year; Christmas music plays in my office even as I write this article.) Who will care for the injured if their settlement or verdict award does not cover medical and daily living costs well into the future? I have yet to hear of Santa and his elves stuffing stockings with prescription medications, physical therapy, joint replacement surgeries or checks to cover insurance premiums. No one can depend on the future of Medicare and Medicaid either — nor should they have to. The harm perpetrated on the injured will consistently ripple through the individual's family, emotionally and economically. Not only do family members live with the changed — depressed and likely disabled — person, but often they also must care for the victim of negligence. The cynic will say "Well, that's the family's job. They should take care of them." But how fair is that?

The only way to protect the victim and the family, and to provide them with some piece of mind when it comes to future finances, is to maximize damages for future medical expenses, lost earnings, even future pain and suffering, disability, disfigurement and loss of consortium. Speculative damages, you might say. But there is nothing speculative about the ongoing pain and suffering that my clients will endure. Nor is there anything speculative about the medical care that they will require for the rest of their lives.

Then, there is the whole business of future damages discounted to present cash value. All future damages, except for pain and suffering, disfigurement, disability and loss of society and consortium, must be reduced to present cash value. This has become the preferred method of determining future damages. While there is no requirement that the trial attorney present actuarial or statistical evidence to the jury to determine present cash value (Robinson v. Greeley & Hansen, 114 Ill.App.3d 720, 725 (2d Dist.1983)), it certainly can be helpful at times. Of course, mortality tables also help plot the course. But how do we plan for other economic and political changes? Right now, the future of health care in this country is unknown. Regardless of which side of the aisle you prefer, we will all be affected by the changing American medical infrastructure at some point. Medical costs seem to be rising as quickly and as steadily as the cost of college. Life-care planners and economists can help us plan for our clients' futures, but we are ultimately the clients' advocates and must direct the outcome.

Read the entire article.

Continue reading "BALANCING LIFE AND THE LAW" »

NPR recently reported that "[i]nstant cups of soup — the kind that often come in a Styrofoam cup full of noodles — send children to the hospital every day." As Chicago products liability attorneys, that got our attention. A closer look into the story revealed that cup design is the culprit, specifically certain cup-of-soups' "unstable base." NPR further reported that the most common cases [of injuries] are small children, often toddlers, accidentally tipping the cup over on to themselves." One doctor interviewed by NPR stated: "there's no other injury that he sees as regularly that can be so directly attributed to a product's design…."

A 2007 study cited by NPR -- Noodles Stay Hotter Longer -- found that a "[n]oodle soup [burn] causes a significantly longer hospital stay than other types of soup… present[ing] a greater danger to children than other types of soup." Another study highlighted by NPR -- Instant Cup of Soup: Design Flaws Increase Risk of Burns -- found that "tall cups with a narrow bottom tip over about three times more easily than short, squat containers with a wide, stable base." That seems to make sense. According to NPR, that same study found that Nissin's Cup Noodles, a very popular variety, is one of the most easily tipped brands of cup full of noodles. Researchers believe that if companies that manufacturer cup of soup products make simple design changes, they may tip less and cause fewer injuries.

Under Illinois law, an injured person is entitled to compensation for injuries resulting from a defective product if it was in an unreasonably dangerous condition at the time the product left the control of the manufacturer, and the unreasonably dangerous condition caused the victim's injury. There must be specific circumstances present to file a product liability claim. If you have been injured by a defective or dangerous product, contact the experienced products liability and burn injury lawyers at the Law Offices of Jeffrey J. Kroll. We will examine the details of your accident. The designer, engineer, manufacturer, component part manufacturer, wholesaler and retailer, or similar parties, may all potentially be liable for a victim's injuries. If a claim results in a monetary settlement or verdict, responsibility may be distributed among the different parties. Monetary settlements and verdicts will assist the injured person with the costs of future medical expenses and provide income in the event that the injured person is unable to work. Noneconomic recovery for physical pain, mental suffering, disability and disfigurement may also be available.

Continue reading "DANGERS OF STYROFOAM CUPS FULL OF NOODLES" »

Even though Black Friday and Cyber Monday are in our rearview mirror, many parents, grandparents, aunts and uncles have yet to purchase the perfect Holiday gift for their little ones. As Chicago products liability attorneys, and parents, we hope that everyone has a happy and safe holiday season. Before venturing to the mall or purchasing toys on line, it is a good idea to check the Consumer Product Safety Commission's recalled toys list. The list is comprised of recalled toys stemming all the back to February of 1974.

During the past three months, for example, Consumer Product Safety Commission (CPSC) has recalled the following items:

• Build-A-Bear's Teddy Bear Swimwear Set Due to Strangulation Hazard
• Battat's Toulouse-LapTrec Magnetic Sketchboards; Magnetic Pen Tip Poses Choking Hazards
• Guidecraft's Twist ‘n Sort Wooden Toys Due to Choking Hazard
• Battat's Musical Wooden Table Toys Due to Choking Hazard
• LM Import & Export's Toy Cars Due to Violation of Lead Paint Standard
• Little Tikes's Toy Workshop and Tool Sets Due to Choking Hazard
• Chloe, Sophie and Audrey Soft Dolls by Pottery Barn Kids Due To Strangulation Hazard
• Twirlla Wooden Rattle by Manhattan Group Due to Choking Hazard
• Scoot 'n Zoom Children's Riding Toy by Radio Flyer Due to Fall Hazard
• Toy Keys with Remote by Battat Due to Choking Hazard

Please visit CPSC's website for additional information, including pictures of the recalled products. The Chicago children's liability attorneys at the Law Offices of Jeffrey J. Kroll also find the Consumer Product Safety Commission's website, "On Safety," to be a useful resource for children's safety issues and dangerous or recalled products. "On Safety" is the CPSC's official blog.

Another important area of safety this time of year is Christmas decorations. According to CPSC, each year nearly 12,500 people are treated in emergency rooms for injuries, such as falls, cuts and shocks, related to holiday lights, decorations and Christmas trees. This does not include the 150 deaths, 1,200 injuries and $173 million in property loss attributed to the misuse of candles each year. Nor does it include the nearly 300 Christmas tree fires that result in an average of 10 deaths, 30 injuries and more than $10 million in property loss and damage each year. If you have an artificial tree, be sure that it is fire resistant. If you purchase a real tree, be sure that it is fresh, with needles that do not easily break off. At all costs, keep lighted candles away from real and fake trees.

Continue reading "CHICAGO PRODUCTS LIABILITY ATTORNEYS SAY HAVE A SAFE HOLIDAY SEASON" »

In recent weeks, we've heard the horrendous news that two Chicagoland area children suffered life-ending injuries when televisions fell on top of them. Many families, while aware that televisions are considered heavy furniture, do not understand the severe risk televisions present to young children if they fall from a wall or an unsecured television stand. As Chicago products liability and premise liability attorneys (and parents), we understand that this is a scary prospect. Many families own multiple televisions. It is imperative that these televisions are properly anchored so that children cannot tip them over.

The Consumer Product Safety Commission (CPSC) reports that between 2000 and 2010, "[o]n average, one child dies every two weeks when a TV, piece of furniture, or an appliance falls on him." However, more kids are killed in accidents involving television tip-overs than any other piece of furniture. CPSC also estimated "that more than 22,000 children 8 years old and younger were treated in hospital emergency rooms for injuries resulting from tip-over incident between 2008 to 2010," with the most common incidents involving toddlers who climbed, fell against or pulled themselves onto such furniture.

The Chicago Tribune recently exposed the fact that new TVs are missing a "simple tool that could save their child's life — safety straps or anchors to keep the television from tipping over — because manufacturers aren't required to include them." In fact, it is not that easy to find these safety straps in stores. Safety advocates are now bringing to light the need for manufacturers to include safety straps or device with the purchase of new television.

The Tribune provides the following tips for anchoring a television:

- Use nylon straps or mounting kits to anchor televisions, but do not use furniture safety straps to anchor televisions. Look for straps for televisions only.
- If utilizing a TV stand, make sure it is sturdy. If the base is too small for the TV, a tip-over may occur more easily.
- Do not place televisions on dressers.
- Televisions placed on furniture should be anchored to the wall and sit as far back on the piece of furniture as possible.
- Do not place remote controls or other items (including toys) on top of televisions or television stands. Also, refrain from placing other electronic devices, such as DVD players, on top of televisions.
- Keep cords out of reach.
- Recycle old TVs.
- Always supervise children around unanchored televisions.

Researchers are now looking at the risks posed by flat-screen televisions versus tube televisions. Of course, tube televisions are heavier, but flat screens are easier for children to grab and tip. The Chicago Accident and Injury Lawyer Blog discussed this very topic back in 2009, in a blog post, Hidden Household Hazards for Curious Tots. There, we discussed various household hazards and tips for keeping small children safe.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY: PREVENTING TV TIP-OVERS" »

Many of the personal injury clients that we serve at the Law Offices of Jeffrey J. Kroll must undergo MRIs prescribed by their doctors after becoming injured as a result of another person's negligence. An MRI, or magnetic resonance imaging, is a radiological technique that doctors use to see inside the body. MRIs are a common, diagnostic test, and typically make it easier for doctors to distinguish problematic tissues from normal tissues. MRIs differ from x-rays and CT scans by using magnetic fields opposed to radiation, which make x-rays and CT scans possible. MRIs are thought to be reasonably safe; however, as one recent CNN article pointed out, "if mistakes are made, they can hurt or even kill you."

CNN reported four main ways MRIs can go wrong:

(1) Projectiles: MRI machines contain powerful magnets that can attract other metal objects. Serious, injury-causing problems can occur if a patient is being scanned when a metal object collides with the MRI machine. CNN reported a New York child who "was killed in 2001 when the MRI machine sucked an oxygen canister into the machine where he was being scanned." Projectiles can be prevented if the MRI technicians follow proper policies and procedures.

(2) Burns: The RF transmitters in MRI can produce intense heat. Problems occur if a patient accidentally touches the walls of the MRI tunnel or is not checked properly for electrical conductors that can pick up concentrated RF frequencies. MRI technicians should make sure there is enough material between the patient and the wall to prevent burning.

(3) Hearing loss: If you have ever had an MRI, you know that the machines make a lot of noise. One CNN interviewee compared the MRI noise level to the level of noise exposure near a jet aircraft. Repeated MRIs raise the risk for hearing loss. Hearing loss can easily be prevented by providing patients with earplugs or earphones.

(4) Implants and medical devices: The magnetic fields in MRIs can move or damage metal devices implanted in a person's body, such as aneurysm clips and pacemakers. Although most current medical devices are MRI-safe, anyone undergoing an MRI should advise the MRI technician of the presence of a medical device before undergoing the scan.

To ensure your safety before undergoing an MRI, make sure you thoroughly complete MRI questionnaires or screening forms presented to you by the MRI facility. Review the answers with the MRI technician. You must also remove all metal from your body before an MRI. Any metal, such as a medical device or bullet, etc., which cannot be removed, must be discussed with a technician and a doctor. Be sure that you are provided ear protection that fits you properly. Notify the technician if you notice any open doors, loose wires or metallic objects that could be attracted to the magnetic field of the MRI machine. Avoid contact with the inside of the MRI machine's walls.

The Chicago personal injury and wrongful death attorneys at the Law Offices of Jeffrey J. Kroll are dedicated to serving injured individuals and their families in personal injury and wrongful death actions. For over twenty years, Jeffrey J. Kroll has assisted injured clients in Illinois and throughout the United States. Our personal injury and wrongful death attorneys have achieved many multimillion dollar verdicts and settlements in a wide variety of practice areas including trucking accidents, auto crashes, medical malpractice, workplace injuries, train accidents, barge accidents and bus and taxi cab collisions.

Continue reading "WHAT TO KNOW BEFORE YOUR MRI" »

The internet seems to provide a deluge of information when it comes to children's safety issues. Some good, some bad. Some useful, some ridiculous. The Chicago products liability attorneys at the Law Offices of Jeffrey J. Kroll find the Consumer Product Safety Commission's website, "On Safety," to provide comprehensive and very useful information, pictures and videos regarding children's safety issues and dangerous or recalled products. "On Safety" is the Consumer Product Safety Commission's official blog.

One of its recent blogs directs parents and caregivers on how to prevent injury and death in child play yards. Another lists the hazards associated with pourable gel fuels (which should be avoided at all costs since they have generally been recalled). It would be beneficial for parents to check the "On Safety" blog as frequently as you visit the Chicago Accident and Injury Lawyer blog.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY ON SAFETY" »

The Chicago products liability attorneys at the Law Offices of Jeffrey J. Kroll recently read the news that a type of Johnson & Johnson surgical mesh is the target of nearly 500 lawsuits across the country. The San Francisco Chronicle reported that close to "75,000 women a year have the devices inserted vaginally to treat pelvic organs that bulge, or prolapsed," also known as POP. Since 2008, the FDA has received over a thousand reports of complications due to the vaginal mesh implants, including injuries and death.

There are various levels of federal oversight for the many medical devices available on the market depending on the risks that the devices present. Devices are categorized into three classes with Class I devices (things like elastic bandages) subject to the lowest level of oversight, Class II devices subject to additional "special controls," and Class III devices subject to the highest form of federal oversight.

The surgical mesh at issue has been classified as a Class II device, which allows the devices to be cleared for market pursuant to the FDA's 510(k) approval process as long as they are "substantially equivalent" to existing products. Many oppose this approval process since it allows companies to avoid conducting safety studies that could otherwise protect consumers.

A panel of the U.S. Food and Drug Administration (FDA) Obstetrics & Gynecology Devices Advisory Committee has concluded that more clinical studies and more regulations are needed in this area. The Chicago products liability attorneys at the Law Offices of Jeffrey J. Kroll hope that surgeons stop using this risky product and that the FDA recalls the product.

Continue reading "JOHNSON & JOHNSON SURGICAL MESH PROMPTS NEARLY 500 LAWSUITS" »

The Chicago personal injury firm, The Law Offices of Jeffrey J. Kroll, obtained a $1.1 Million settlement on behalf of a Portage, Indiana man who suffered injuries to his lower leg. The products liability complaint alleged that the manufacturing company improperly designed a conveyer belt without sufficient safety devices. This million dollar Indiana personal injury settlement will assist the plaintiff - who continued to work in the same capacity - with future medical expenses and provide income in the event he is unable to work.

Our personal injury attorneys handle Indiana personal injury cases and have obtained significant settlements in the past on behalf of Indiana residents injured by the negligence of others. In 2002, Mr. Kroll obtained a $6.8 Million settlement on behalf of a 37-year old mother of two boys who suffered a tragic personal injury while she was looking at a home under construction in the Fox Run Estates subdivision in Schererville, Indiana. She fell eleven feet through an unsecured hole and is now paralyzed from the waist down.

In 2008, the recipient of the "Best Lawyer" in personal injury matters, Mr. Kroll obtained a settlement for $1.1 million for an Indiana personal injury matter involving an ironworker who fractured his left ankle and right heel after the scissors lift he had been operating toppled into a snow-covered excavation. Two other construction companies working on the jobsite participated in the 1.1 million dollar settlement.

Our personal injury law firm works tirelessly to achieve justice for Indiana residents. Please contact us today at (312)676-7222 and allow us to answer any questions you may have regarding your Indiana personal injury matter.

As Chicago products liability attorneys, the recent news that some child car safety seats may contain hazardous chemicals concerned us. A number of the attorneys and staff at the Law Offices of Jeffrey J. Kroll are parents as well, and we, like everyone else, do not want to expose our children to dangerous chemicals which may lead to permanent injuries.

The news derives from a report out of the Ecology Center, an Ann Arbor, Michigan-based nonprofit environmental organization, which found brominated flame retardants in 44% of the tested car seats with 60% of the car seats testing positive for one or more toxic chemicals. According to HealthyStuff.org, these substances, including bromine, chlorine, lead and other heavy metals and allergens have been linked to allergies, birth defects, impaired learning, liver toxicity, and cancer. Car seats found to have the most and least hazardous chemicals can be found on Healthystuff.org’s website.

What to do next? The Alliance for Toxic-Free Fire Safety and HealthyStuff.org have requested that the largest car seat retailers, Graco and Evenflo, phase out hazardous chemical flame retardant additives in their products. In the meantime, parents have options, such as purchasing a car seat in the “least hazardous chemical” category. However, no one should permit their child to ride in a car without a car seat. Proper car seat use is essential to keeping children safe and preventing injury.

Continue reading "CHEMICALS FOUND IN CHILD SAFETY SEATS" »

The U.S. Consumer Product Safety Commission (CPSC) has recalled approximately 1 million pool and spa drain covers manufactured and distributed by a number of companies in the U.S. and China, including A&A Manufacturing, of Phoenix, Ariz.; AquaStar Pool Products Inc., of San Diego, Calif.; Color Match Pool Fittings, of Surprise, Ariz.; Custom Molded Products, of Tyrone, Ga.; Hayward Pool Products, of Elizabeth, N.J.; Pentair Water Pool and Spa, of Sanford, N.C.; Rising Dragon USA, of E. Sweetwater, Tenn.; and Waterway Plastics, of Oxnard, Calif.

All of the recalled drain covers have been incorrectly rated to handle the flow of water through the cover, which could pose a possible entrapment hazard to swimmers and bathers.

ABC news ran a story regarding the recall, and urging pool owners to stop using the recalled items. The drain covers can created a vacuum effect that "is powerful enough to hold swimmers, especially children, to the bottom of a pool." When human skin comes in contact with a pool drain, it can cause a suction equal to many hundreds of pounds of pressure.

The CPSC urges pool owners/operators and consumers who have one of the recalled pool or spa drain covers to immediately contact the manufacturer to receive a replacement or retrofit, depending on their make and model.

More specific information, including pictures of the recalled drain covers, can be found on the CPSC's website.

Continue reading "LARGE RECALL OF POOL DRAIN COVERS" »

According to the U.S. Consumer Product Safety Commission (CPSC), over 200,000 people, including 16,200 minors, were injured in lawn mower-related incidents in 2007.

While summer is a busy time for preteens and teenagers who want to make a few extra bucks mowing lawns, a doctor out of the Loyola University Health System has warned that children under the age of 16 should not be permitted to ride or walk behind lawn mowers. Many children lose toes and suffer more severe injuries due to lawn mower misuse.

Children should be kept away from lawn mowers, even if the lawn mower is shut off. Devastating injury and disfigurement can occur if the lawn mower operator is not careful. Children are especially attracted to riding lawn mowers. The CPSC provides the following additional lawn mower safety tips:

1. Keep small children out of the mowing area, and in the watchful care of a responsible adult other than the lawn mower operator.
2. Be alert and turn the lawn mower off if a child enters the area.
3. Before and while backing up, carefully look behind and down to scan the area for small children.
4. Never carry children on riding lawn mowers, even with the blade(s) shut off. They may fall off and be seriously injured or interfere with safe mower operation. Children who have been given rides in the past may suddenly appear in the mowing area for another ride and be run over or backed over by the machine.
5. Never allow children to operate the machine.
6. Use extreme care when approaching blind corners, shrubs, and trees, or other objects that may block your view of a child.

If you or your child has been injured by a lawn mower, you may be eligible to file a product liability lawsuit.

Continue reading "PREVENTING LAWN MOWER INJURIES" »

You may not be aware that Congress has in place a regulatory scheme, which establishes various levels of oversight for medical devices, depending on the risks that the devices present. Riegel v. Medtronic, Inc., 552 U.S. 312, 315 (2008). The levels of oversight are broken down into three classes of devices. Class I devices, which include items such as elastic bandages and examination gloves, are subject to the lowest level of oversight. Class II devices, which include powered wheelchairs and surgical drapes, are subject to additional "special controls," such as performance standards and postmarket surveillance measures. Id. Class III devices, which are subject to the highest form of federal oversight, include devices used “in supporting or sustaining human life or for a use which is of substantial importance in preventing impairment of human health." Bausch v. Stryker Corp., 630 F.3d 546, 550 (7th Cir. 2010).

Although there are some preemption issues in this area of the law -- meaning, in the simplest form, that federal law takes precedence over state law when it comes to how these devices are regulated -- courts must allow claims to proceed when they are premised on the theory that the manufacturer of the device violated federal law. The U.S. Supreme Court specifically stated in Riegel: Section “360k [of the federal Food, Drug and Cosmetic Act] does not prevent a State from providing a damages remedy for claims premised on a violation of FDA regulations…." 522 U.S. 312, 330.

This was exactly the case in Bausch v. Stryker Corp., 630 F.3d 546 (7th Cir. 2010), where plaintiff claimed she was injured by a medical device, specifically the Trident hip replacement system (“Trident system”), a Class III medical device. In her complaint, plaintiff alleged defendants manufactured the device in violation of federal law. Unfortunately, doctors implanted the device in plaintiff’s body six days after the FDA informed defendants that a component of the Trident system was “adulterated” and that the companies’ manufacturing process failed to comply with federal standards. Id. at 549.

Once implanted in plaintiff, the Trident system failed, requiring surgical removal and replacement of the product and leading to a host of serious and painful medical problems for the plaintiff. Plaintiff filed suit under Illinois common law for negligence and strict liability for a defective product. Id.

The United States District Court for the Northern District of Illinois dismissed the suit pursuant to Rule 12(b)(6) of the Federal Rules of Procedure, holding that the plaintiff’s common law claims were preempted by federal law. Id.

The United States Court of Appeals for the Seventh Circuit reversed the judgment, finding the District Court erred, and holding that plaintiff stated a legally viable claim based on an alleged violation of federal law. The Court firmly stated:

The central issue in this appeal is whether federal law preempts product liability claims against manufacturers of Class III medical devices where a patient claims that she was harmed by the manufacturer’s violation of federal law. That statement of the issue may be a little startling. The idea that Congress would have granted civil immunity to medical device manufacturers for their violations of federal law that hurt patients is, to say the least, counter-intuitive. Nevertheless, manufacturers in this case and in others have asserted this theory of defense.... [T]he manufacturer's theory tries to stretch the Supreme Court's decisions in this field beyond the boundaries that were made clear in those decisions. Medical device manufacturers who subject their Class III devices to the rigorous premarket approval process are protected by federal law from civil liability so long as they comply with federal law. That protection does not apply where the patient can prove that she was hurt by the manufacturer's violation of federal law.

Id. at 549-550.

Continue reading "CASES DEALING WITH MEDICAL DEVICES" »

Sadly, the answer is yes; and, it happened right here in Chicago. Myxo ETlogix annuloplasty rings - that were different in design from previously approved devices - were implanted in patients at Northwestern Memorial Hospital (NMH) based on the approval of the doctor and the pharmaceutical company who both stood to profit from the product. Importantly, two critical links in the chain were missing before the device should have been implanted: (1) approval from the FDA and (2) consent from the patient to use an investigational device. As an investigational device that posed a significant risk, the doctor and NMH should have received approval from the FDA and an Internal Review Board (IRB) prior to the implantation of the myxo device for clinical testing. FDA approval is obtained by submitting an Investigational Device Exemption (IDE) application to the FDA.

Pursuant to FDA regulations, in order to conduct a significant risk device study, a sponsor must: (1) submit a complete IDE application to FDA for review and obtain FDA approval of the IDE; (2) submit the investigational plan and report of prior investigations to the IRB at each institution where the investigation is to be conducted for review and approval; and (3) select qualified investigators, provide them with all necessary information on the investigational plan and report of prior investigations, and obtain signed investigator agreements from them.

The FDA found that Edwards Lifesciences, who manufactured the ring, erred when it failed to seek clearance for the devices because the shapes and materials were different than other rings on the market. The Law Offices of Jeffrey J. Kroll and The Law Offices of Newman, Boyer & Statham currently represent a woman who had the ring implanted without knowing it was non-FDA-approved.

Contact the Law Offices of Jeffrey J. Kroll today at (312) 676-7222, if you have been injured by a doctor's negligence.

An interesting investigative piece out of the Boston Globe explains how the constantly-beeping monitors and other devices found in hospitals can negatively affect patients and staff. The article suggests that the incessant beeping of machines can cause “alarm fatigue,” numbing and desensitizing doctors and nurses to warnings and leading them to ignore serious and sometimes fatal medical issues.

The article provided a deadly example:

At one undisclosed US hospital last year, manufacturer Philips Healthcare, based in Andover, found that one of its cardiac monitors blared at least 19 dangerous-arrhythmia alarms over nearly two hours but that staff, for unexplained reasons, temporarily silenced them at the central nursing station without ‘providing therapy warranted for this patient.’ The patient died, according to Philips’s report to federal officials.

The non-for-profit organization ECRI Institute, which assisted the Boston Globe in its research on the issue, attributed over 200 deaths nationwide from 2005 to the middle of 2010 to monitor alarm problems. ECRI also acknowledged that hospitals in fact may underreport problems related to monitor alarms, finding 13 additional incidents in its own database.

How can you protect yourself and those you care about from becoming victim of alarm fatigue? The Boston Globe article advises: “patients and families … [should] ask nurses and doctors to explain what monitors are being used for, what types of alarms could sound, and which alarms they should be concerned about and which are minor.” You should also make sure that alarms are set to an audible decibel. In other words, be proactive.

It is crucial for families and friends of hospital patients to take the initiative to address areas of concern with hospital staff. Sadly, the critically ill are at the mercy of doctors and nurses who must make a better effort to deal with alarm fatigue before more patients experience untimely deaths. Moreover, the manufacturers of these devices must make a better effort to work out the flaws that cause unnecessary beeping and false alarms.

The Chicago Sun-Times reported that a shocking 9,500 babies and toddlers visit emergency rooms each year due to crib-, playpen- and bassinet-related injuries. This information comes from a 19-year study out of the Center for Injury Research and Policy at Nationwide Children’s Hospital in Columbus, Ohio.

On average, 113 children die each year from these accidents, with two out of three injuries caused by falls. The Consumer Product Safety Commission (CPSC) has recalled more than 11 million dangerous cribs since 2007.

In fact, in December of 2010, CPSC approved new mandatory standards for full-size and non-full-size baby cribs, which promise to (1) stop the manufacture and sale of dangerous, traditional drop-side cribs; (2) make mattress support stronger; (3) make crib hardware more durable; and (4) make safety testing more rigorous. All cribs manufactured, sold or leased in the United States must comply with these standards beginning June 2011.

As a parent of a toddler, crib safety is very important to me. I have addressed my concerns with unsafe drop-side cribs many times in this blog, and I am encouraged that CPSC has agreed to enforce tightened federal crib standards. Parents and caregivers should stop using drop-side cribs immediately.

Dorel Juvenile Group (Dorel) and the National Highway Traffic Safety Administration have recalled approximately 800,000 child car seats sold throughout North America. The recalled car seats were sold under the brand names Cosco, Maxi-Cosi, and Safety 1st child restraint systems. The specific models affected were manufactured between May 1, 2008 and April 30, 2009, and include convertible child restraints Alpha Omega, Alpha Omega Elite, Enspira, Priori, Prospect, and Vantage; Infant child restraints Mico and OnBoard. More information regarding the affected models may be found on Dorel's website.

There is potential for the harness adjustment straps in the recalled products to loosen during use. If this were to occur, the harness may become loose around the child, and possibly increase the risk of injury in a crash. Parents and care givers who use these products should contact Dorel immediately to receive a remedy kit. In the meantime, all caregivers must make sure the car seat's harness is properly adjusted during use and the lock/release button is fully in the locked position to prevent injury to young children.

Continue reading "PARENT PATROL: CHILD CAR SEAT RECALL" »

"From 1999 to 2009, federal regulators received reports of 94 entrapments, including a dozen deaths, in pools, hot tubs and whirlpool tubs. A federal law passed in 2007, after a 7-year-old girl died in a hot tub, requires public pools and spas to install anti-entrapment drain covers certified as having passed safety tests at one of three approved labs."

This quote comes from an excellent investigative piece in the Chicago Tribune, which highlights faulty drain covers that have made their way into hot tubs and pools despite failed safety evaluations. According to the article, the Consumer Product Safety Commission has received complaints for two years regarding such drain covers. The agency is currently investigating whether testing procedures at independent labs allowed drain covers to be sold even though they fail to comply with federal law.

The Tribune identified a particular manufacturer -- AquaStar Pool Products Inc. -- who after knowing that its drain covers failed tests did not issue warnings to the public or recall the products. Consumers that own AquaStar products should contact the company and/or its distributors immediately.

Regardless of the manufacturer of a particular drain cover, anyone using a pool or hot tub should take steps to prevent entrapment in pools and spas, such as:

Keep children away from drains, pipes and other openings.

If you see a loose or broken drain cover, leave the water and let the owner know that the pool or spa should be closed until fixed.

Hire professionals to replace broken drain covers.

Make sure whoever services your pool secures all drain covers.

Always keep long hair tied back.

Here are some concerning product recalls related to children's products that occurred this week:

Strangulation hazards have been identified on approximately 18,000 children’s hooded sweatshirts and jackets sold by Mejoong Corp, d/b/a Hot Kids. Consumers are advised to remove the drawstrings and return the jackets and sweatshirts to Hot Kids for a full refund.

Further, nearly 4000 battery-operated, red and blue plastic, toy mobile phones, labeled “Discovery Toys” have been recalled in the U.S. and Canada. It is advised that consumers prohibit small children from using this product as the toy antenna can break off and pose a choking hazard.

The attorneys at the Law Offices of Jeffery J. Kroll encourage all schools, parents and other caregivers to visit the Consumer Product Safety Commission website for additional information about the hazards posed by these and other products.

The Chicago Tribune reports that Toyota has moved to settle the lawsuit brought by relatives of California family killed in the accident "largely considered the starting point of Toyota's recall nightmare of the past year..." The crash involved a California Highway Patrol Officer who was killed, along with his wife, his 13 year-old daughter and his brother, when his Lexus ES 350 raced uncontrollably at speeds up to 120 miles per hour on the freeway. The vehicle had been loaned to him by the dealership, while his car was in for repair. The 911 call from that incident focused an intense spotlight on the issue of unintended acceleration in Toyota vehicles. However, recent reports from the National Highway Traffic Safety Administration have suggested that many other reported cases of unintended acceleration were the result of driver error. Toyota declined to say how much the settlement was for. Toyota has recalled nearly 8 million vehicles for accelerator issues, including both gas pedals and loose floormats.

A new industry rule on window blind cords does not address all strangulation risks to children and ignores input from consumer advocates. Cords on window blinds are the cause of death of roughly one child per month in the U.S. The voluntary standard recently published by the Window Covering Manufacturers Association (WCMA) prohibits accessible inner cords on Roman shades, but still allows long draw cords. Inner cords weave between the slats of horizontal blinds or attach to the back of Roman shades. Consumer groups and child safety advocates say this new rule does not go far enough to address strangulation risks. The WCMA enacted the rule despite this criticism from these groups.

The Consumer Product Safety Commission (CPSC) will review whether additional changes should be made to the Roman shade standard. The CPSC issued a warning earlier this year regarding the strangulation risks associated with window blind cords, which led to the recall of thousands of blinds sold in the U.S. The CPSC and consumer groups have long urged makers of blinds to eliminated cords altogether, cover them or even reduce them to 7.25 inches, which is too short to strangle a child. Some manufacturers have done this, however the industry rules fall short of this standard, which is why consumer groups and safety advocates continue to protest.

The Law Offices of Jeffrey J. Kroll successfully handles product liability cases for those injured by defective products, including those against window blind manufacturers. Contact the Law Offices of Jeffrey J. Kroll today at (312) 676-7222.

A recent case report in the New England Journal of Medicine details the story of a boy in Switzerland who suffered serious eye damage after playing with a laser pointer. The 15 year-old boy was attempting to create his own laser show using a laser pointer that he purchased on the internet and a mirror. As he was attempting his "light show" the laser hit the boy's eyes several times. He immediately noticed that his vision was blurry. Once doctors examined his eyes, they discovered that there had been significant internal bleeding in the left eye and there were several small scars in the right eye. The boy's vision has returned to near normal with treatment, however, he will have permanent scars in his left eye that will diminish his vision.

A more troubling fact may be that the boy in the case study wasn't aware that the laser was dangerous and did not know it could cause immediate eye damage. He told doctors that he purchased the laser pointer on the internet so that he could pop balloons from a distance, burn holes in paper cards, and burn holes in his sister's sneakers. The laser used by the boy produced an output of 150 milliwatts, which is far above the 5 milliwatt output of a typical laser pointer sold to the public. The authors of the case report noted that it is possible to purchase a laser pointer as strong as 700 milliwatts on the internet, and there are instructions on the internet for turning low-power devices into high-powered ones. Laser pointers sold in the U.S. are subject to a power limit imposed by the FDA, but laser pointers that exceed this limit are easily purchased on the internet.

According to the authors, every laser pointer capable of burning holes into paper, lighting matches, or popping balloons is highly dangerous to the eye and must not be used by non-professionals. Part of the problem, the authors say, is that all laser pointers are not labeled properly, so it is difficult to know if you have a pointer that could cause serious retinal injury and even blindness.

The Law Offices of Jeffrey J. Kroll can help if you have been injured by a defective or improperly labeled product. Contact Jeffrey J. Kroll today or visit our website at www.kroll-lawfim.com

Nearly half a billion eggs have been recalled due to an outbreak of salmonella. Egg producers Hillandale Farms and Wright County Egg, both of Iowa, recalled hundreds of millions of eggs produced at their farms. There have been about 1,300 reported cases of salmonella poisoning caused by eggs from these farms, which has prompted a recall in 17 states.

Salmonella enteritidis is a bacteria that causes infection in humans. Symptoms include: abdominal pain, chills, diarrhea, fever, muscle pain, nausea and vomiting. In severe cases there people may experience bloody stool. Complications can occur with Salmonella poisoning, including dehydration, especially in young children and infants. Other complications are meningitis and septicemia.

There are two likely causes of the Salmonella outbreak in eggs. Laying hens can be infected by human contact with farm workers who failed to follow proper sanitary procedures, or by consuming feed that has come into contact with rodent feces. The hens can transmit the bacteria to the egg before the shell forms and the egg is laid, making the egg's tainted status undetectable.

Here are CNN's tips for not getting infected:

• Don't eat recalled eggs or products containing recalled eggs. Recalled eggs might still be in grocery stores, restaurants and consumers' homes. Consumers who have recalled eggs should discard them or return them to their retailer for a refund. Individuals who think they might have become ill from eating recalled eggs should consult their health care providers.

• Keep shell eggs refrigerated at temperatures no higher than 45 degrees Fahrenheit (7 degrees Celsius) at all times.

• Discard cracked or dirty eggs.

• Wash hands, cooking utensils and food preparation surfaces with soap and water after contact with raw eggs.

• Eggs should be cooked until both the white and the yolk are firm, and should be eaten promptly after cooking.

• Do not keep eggs warm or at room temperature for more than two hours.

• Refrigerate unused or leftover egg-containing foods promptly.

• Avoid eating raw eggs.

• Avoid restaurant dishes made with raw or undercooked, unpasteurized eggs. Restaurants should use pasteurized eggs in any recipe (such as Hollandaise sauce or Caesar salad dressing) that calls for raw eggs.

• Consumption of raw or undercooked eggs should be avoided, especially by young children, the elderly and persons with weakened immune systems or debilitating illnesses.

If you have suffered a severe or life threatening infection from Salmonella poisoning, the Law Offices of Jeffrey J. Kroll may be able to help. Contact Jeffrey J. Kroll today at 312-676-7222 or visit him on the web at www.kroll-lawfirm.com

Toyota, who has recalled over 10 million cars and trucks since October of 2009, has issued yet another recall. Today, the company stated that 1.33 million Corolla sedans and Matrix hatchbacks engines may stall due to a defective engine control module.

The recall covers 2005-2008 Corolla sedans and Matrix hatchbacks sold in the U.S. and Canada. Toyota has received unconfirmed reports of three accidents and one minor injury related to the defect.

Interestingly, General Motor Co has also issued a recall on 199,163 Pontiac Vibes in North America due to the same problem.

Toyota and GM claim that they will replace the defective part at no charge.

The Consumer Product Safety Commission has voted to adopt new mandatory standards for cribs. These new standards would potentially go into effect next year after final approval by the Commission, and would make many of the cribs currently on the market not up to code. The vote comes on the same day that the CPSC announced that Pottery Barn Kids is recalling its drop-side cribs due to suffocation, entrapment and fall hazards. According to the CPSC, 36 infants and toddlers have died because of crib structural problems between November 2007 and April 2010. 35 of those fatalities occurred when crib components detached, disengaged, or broke ending in a tragedy that was entirely avoidable. The new standards aim to eliminate gaps, where babies could become entrapped and suffocate, and to prevent babies from falling out of the cribs. For some, like Michele Witte, these standards have been a long time in the making. Michele's 10 month-old son, Tyler, died when his neck became stuck between the side rail and headboard of his crib 13 years ago. Michele has been an advocate for strengthening crib product safety standards ever since. Read about Michele's story on CNN.

The company Campus Cruisers, LLC of Boulder, Colorado is recalling its Eastside Fix bicycle model due to a defect with the front fork of the frame, which connects to the front wheel. The bicycles front fork can crack or break, causing a sudden loss of steering control and posing a fall hazard to bicyclists. The bicycle has an aluminum frame and fork, and has been sold at bicycle retailers nationwide from March 2010 to May 2010. Consumers should immediately stop riding bicycles with recalled front forks and contact their local Campus Cruisers dealer. If you have been injured on a Campus Cruisers bicycle due to a sudden loss of steering control, the Law Offices of Jeffrey J. Kroll can help. Call Jeffrey J. Kroll today at (312) 676-7222 for a free consultation. The Law Offices of Jeffrey J. Kroll is experienced in all aspects of personal injury and product liability litigation. For additional information on the Campus Cruisers product recall follow the link to the Consumer Product Safety Commission.

Will we ever see the end of the sale of drop-side cribs? On Thursday, June 24, 2010, the Consumer Product Safety Commission (CPSC) recalled a sweeping two million cribs. Although most of the cribs subject to the recall have drop-sides, two recalled models do not. See the entire list of recalled cribs here

It seems that we are bombarded with daily reports of recalls of children's car seats, cribs, carriers, strollers and more due to the safety hazards that they pose to our children. Although many products are recalled, dangerous children's products seem to continually make their way into the market. According to the Chicago Tribune, who exposed the dangers of drop-side cribs in 2007, this recent recall will eliminate speculation that the problems with drop-side cribs injuring and killing small children "were isolated to a couple of companies that mass-produced cheap cribs in China." In fact, the newest recall includes cribs made in the U.S., Italy, Canada and seven other countries.

Including the June 24 recall, 9 million drop-side cribs have been recalled in recent years. Parents and caregivers should stop using these cribs immediately, and find an alternate safe sleeping environment for children.

Summer is almost officially here and the weather is warming up, which means that children of all ages will be asking their parents to take them to a pool or water park. Parents and children alike should be aware of the potential dangers posed by pools to ensure that children stay safe and everyone has a good time.

About 4,200 children suffer non-fatal submersions every year that require hospitalization. Some of these submersions result in permanent disability. Many of these submersions are caused by pool drains, which provide powerful suction to filter the water in the pool and are capable of causing injury or death to a child. Some children have suffered rectal prolapse or even small bowel evisceration after being sucked onto a pool drain. These injuries can result in short bowel syndrome and the need for long term parenteral nutrition. Other children, unfortunately, have died as a result of being held underwater by a pool drain. See the video of the ABC News investigative report on pool drains here.

As a parent of young children, I am aware that there is no fail-safe way to protect your child from danger. However, just adding an extra safety step in and around the water can make all the difference. Your greatest water safety assurance comes from adopting and practicing as many water safety measures as possible. Some examples of these safety measures include: (1) barriers that completely surround the pool with self-closing, self-latching gates; (2) staying close, being alert, and watching children at the pool; (3) learning and practicing water safety skills (knowing how to swim and perform CPR); and (4) having the appropriate equipment (compliant drain covers, alarms, barriers and sensors). Take it from me, you and your children can practice these safety tips and others, and still have a lot of fun this summer in the pool and at the water park.

Continue reading "POOL INJURY AWARENESS IS IMPORTANT TO HAVING A SAFE AND HEALTHY SUMMER" »

The popular Swedish home and furniture store, IKEA, announced today that it is recalling its Sultan Heidal spring mattresses. The mattresses fail to meet the federal mandatory open flame standard for mattresses, posing a fire hazard to consumers. The mattresses were sold exclusively at IKEA stores between June, 2007 and April, 2010. They were available in twin, full, queen and king, and retailed for $500 to $1,000 depending on size. If you own one of these mattresses, you should immediately stop using it and contact your local IKEA store for instructions on returning it and obtaining a replacement or full refund. More information can be found on the website of the Consumer Product Safety Commission.

Consumers who are aware of or become aware of defective products should report them to the Consumer Product Safety Commission. If you or a loved one have been injured as a result of a defective product, the Law Offices of Jeffrey J. Kroll can help. Contact Jeffrey J. Kroll by phone or internet to protect your legal rights today.

A 9-year-old boy from Chicago, Illinois and a 10-year-old boy from Milwaukee, Wisconsin both suffocated after a soft-plastic dart slipped into their throat. The small suction cup part of the dart cut off their breathing and the boys died. The “auto-fire” dart set was sold exclusively at Family Dollar stores nationwide. Family Dollar has agreed to voluntary recall approximately 1.8 million of the toys. Unfortunately, there are reports that Henry Gordy International, of Plainfield, New Jersey, the importer, refused to recall the dart set.

The Consumer Products Safety Commission (CPSC) has advised people to discard the dart set. Family Dollar will offer a refund for the dart set.

To fully become aware of which toys or products have been recalled, please visit the Consumer Product Safety Commission website.

The Consumer Product Safety Commission (CPSC) recently recalled a line of wooden baby cribs for safety reasons. The recalled cribs are Graco brand and are manufactured by LaJobi, Inc. The recalled cribs have a drop side, which can move or detach to allow access to the child. The reported hazard is that the hardware for the drop side can break or fail, creating a hazardous gap between the side of the crib and the mattress in which infants and toddlers can become wedged or entrapped. Potential injuries that may result are suffocation, strangulation or the child falling from the crib. There have been 99 reported incidents involving children being injured by these defective cribs. Injury or death caused by a defective product may lead to a product liability lawsuit. If your child has been injured by a defective crib, Jeffrey J. Kroll may be able to help. Call the Law Offices of Jeffrey J. Kroll at (312) 676-7222.

See a list of cribs included in the recall located on the website for the CPSC by clicking on this link.

Toyota has asked dealers to stop selling the new 2010 Lexus GX 460 after Consumer Reports issued a safety warning regarding an increased risk of rollover during a turn. Consumer Reports Magazine urged buyers to not purchase the SUV. The vehicle's electronic stability control (ESC) program failed to keep the vehicle in line during a severe handling maneuver at a speed in excess of 60 mph. Drivers of the Lexus GX 460 should be extremely careful when turning the vehicle and driving on exit ramps.

About 5,000 GX 460s have been sold.

U.S. Transportation Secretary, Ray LaHood, announced today that two major investigations are underway to examine why unintended acceleration occurs.

The National Academy of Sciences will examine unintended acceleration and electronic vehicle controls across the entire automotive industry.

Additionally, the National Highway Traffic Safety Administration (NHTSA), which is part of the Department of Transportation, is addressing the unintended acceleration issue, specifically in Toyotas, with the help of NASA engineers with expertise in areas such as computer controlled electronic systems, electromagnetic interference and software integrity.

Hopefully these experts will get to the root cause of this serious problem.

Parents and caregivers of newborns should be aware that sling-style infant carriers may be dangerous. The Consumer Product Safety Commission (CPSC) said it has investigated at least thirteen deaths associated with the sling-style carriers over the last twenty years, including three deaths in 2009.

According to the CPSC, the babies who died in slings were a low birth weight twin, were born prematurely, or had a cold.

The CPSC advised that slings can pose a suffocation hazard in the following ways:

* A sling's fabric can press against a baby's nose and mouth obstructing the baby's airway or

* A baby with insufficient neck control could flop its head forward resting its chin on its chest in a C-shaped carrier restricting the baby's ability to breathe.

If you are a parent or caregiver of a newborn, please consider the warning from the CPSC regarding infant carriers.

Continue reading "BABY SLINGS COULD CAUSE INFANT DEATH" »

A recent Senate Finance Committee report revealed that the diabetes drug, Avandia, is linked with tens of thousands of heart attacks across the U.S. as reported by CNN. According to the report, the manufacturer of the drug, GlaxoSmithKline, knew of the risks associated with the drug for years but worked to keep them from the public. The Senate report was developed over the past two years by investigators who reviewed hundreds of thousands of documents provided by GlaxoSmithKline, the FDA and several research institutes, in addition to conducting numerous interviews. The investigation stems from concerns that Avandia and other high-profile drugs put "public safety at risk because the FDA has been too cozy with drug makers and has been regularly outmaneuvered by companies that have a financial interest in downplaying or under-exploring potential safety risks," the report states. According to the Senate report: • FDA scientists estimated in July 2007 that Avandia was associated with approximately 83,000 heart attacks since it was put on the market. • GlaxoSmithKline undertook attempts to undermine information critical of Avandia, including the attempted intimidation of independent physicians by GSK executives and the development of strategies to minimize or misrepresent findings that Avandia may increase cardiovascular risk. The Senate report does not address the issue of whether Avandia should be removed from the market.

As a father and a products liability attorney in Chicago, I am concerned about one of the recent product recalls involving children's products. This recall involves 447,000 infant child restraints manufactured by Dorel Juvenile Group and sold under the following brand names: Safety 1st, Eddie Bauer, Cosco and Disney.

The handle on the infant carrier being recalled could detach because the bolts could loosen causing the handle to partially separate. If the handle separates, a fall hazard is created. The infant carriers that are affected by the recall were manufactured between January 6, 2008 through April 6, 2009.

According the the Consumer Product Safety Commission (CPSC), the car seat remains safe for use in a vehicle as it meets federal safety standards.

A free repair kit is available. Contact Dorel’s customer service department at 1-866-762-3316 or visit http://www.djgusa.com/safety_notice.

I have blogged about other recent recalls involving children's products, including crib recalls and toy recalls. If you own an item that has been recalled, discontinue using the product unless the appropriate modifications have been made.

When a safety recommendation is made by a federal agency or a product manufacturer, the recommendation should be taken seriously. In our homes, in the skies and on the roads, too often, recommendations are not followed and tragedies continue to occur.

In April of 2009, the National Transportation Safety Board (NTSB) urged the Federal Aviation Administration (FAA) to ground the Zodiac CH-601XL, an experimental amateur-built plane, until a flight control problem could be corrected. The plane was not grounded and it was involved in another fatal accident on November 6, 2009. The flight broke up near Agnos, Arkansas and killed the pilot who was the sole occupant. The debris scattered over an area more than 600-feet long. Both winds separated from the fuselage in flight.

In this situation, one governmental entity failed to heed the advice of another when the FAA failed to ground the planes based on the NTSB's recommendation.

It is unfortunate that as consumers, the products that we use are not always safe. Thus, when recommendations are made to remove unsafe products from our homes, backyards and cars, heed the warning to protect yourself and your family.

School children in Chicago and throughout the country may be at risk in certain school buses equipped with unsafe materials. Nearly 2,000 unsafe school buses, which are primarily used to transport disabled children, are out on the road, despite the knowledge of the problem. Some problems include seat backs that fail to meet strength requirements and seat belt anchors that may also detach from the floor or wall.

After involvement from the National Highway Safety Transportation Authority (NHTSA), a New York company named Transportation Collaborative Inc. (TCI) agreed to notify customers this month that the small buses have parts that must be recalled. TCI alleges that a different company, U.S. Bus Inc., is to blame for manufacturing the faulty bus parts, which were sold from 2001 to 2007. NHTSA officials maintain that TCI and U.S. Bus are essentially the same company with different names.

Continue reading "UNSAFE SCHOOL BUSES ON THE ROAD" »

A 4-year old boy died yesterday, October 26, 2009, from injuries he sustained while reportedly playing with a lighter on October 13, 2009. This is a tragic occurrence. It is unclear from media reports what style lighter he was using or if there was any safety function on the lighter.

The Consumer Product and Safety Commission (CPSC) approved a mandatory standard for child-resistant cigarette lighters in July of 1994. The standard applies to imported and domestically-manufactured disposable and novelty lighters. The number of children who have died as a result of playing with cigarette lighters has dropped since the mandatory standard for child-resistance came into effect. There were 230 total deaths from cigarette lighters in 1994 and 130 in 1998. Of those deaths, children under the age of five accounted for 170 of the deaths in 1994 and 40 in 1998. Of course, one death is too many. Sadly, in 2009, cigarette lighters continue to injure young children, like the recent death in Chicago and this Pennsylvania boy who died after a cigaretter lighter reportedly exploded.

Products liability attorney, Jeffrey J. Kroll, will speak at the ABA Section of Litigation Regional CLE Workshop: Women in Products Liability on Thursday, October 15, 2009. Kroll will be a member of the panel discussing "See It, Hear It, Feel It, Sense It! Handling Trial Themes in Difficult Cases." Jeff and the panel will discuss the development and use of themes at trial.

Nissan will recall as many as 143,000 2008 and 2009 Nissan and Infiniti products due to a faulty tire-pressure monitoring system nut that may fail in areas like Chicagoland where heavy amounts of road salt are used during the winter. A cracked nut could fall out the sensor-transmitter it secures. If a driver disregards the indicator on the dash alerting him to the problem, the tire could go flat, resulting in an accident.

The recall is focused on certain vehicles from the 2008-2010 model years originally sold or currently registered in a number of states, including Illinois.

Nissan will replace the nut on affected vehicles for free. For more information, contact Nissan at 800-647-7261 or Infiniti at 800-662-6200.

Many of us pass through automatic doors in our daily lives, trusting that store owners and contractors have inspected and maintained these doors properly. Automatic doors can injure individuals when they open too widely or operate too quickly. A body part, such as, an arm or a hand may get crushed in the malfunctioning door. Sadly, those people who often require the use of automatic doors, including the elderly and persons with disabilities, are often victims of faulty doors.

Typically, businesses install three main types of automatic pedestrian doors: swinging, sliding and/or folding doors. National standards define and govern the guidelines for installing and maintaining such doors and their sensing devices. The American Academy of Automatic Doors (AAADM) recommends that automatic pedestrian doors be inspected annually by an AAADM certified inspector and that the doors be checked daily by premises owners. Unfortunately, many businesses fail to properly check and inspect automatic doors.

Continue reading "INJURIES CAUSED BY A MALFUNCTIONING AUTOMATIC DOOR" »

The Associated Press has reported that Toyota will recall 3.8 million vehicles in the United States. Toyota and the U.S. government have warned owners of Toyota and Lexus vehicles about safety problems linked to removable floor mats that could interfere with the vehicle's accelerator and cause a crash.

Toyota admitted that it had been receiving complaints from consumers about uncontrollable acceleration due to the floor mats dating back to 2004. The company was moved recently to act on the complaints because of an accident in San Diego last month where a man and three passengers were killed in a high-speed crash of a Lexus ES sedan. Before the crash, the driver called 911 to report that his gas pedal was stuck causing his car to go 120 mph. Investigators are currently trying to determine whether the driver's floor mat actually caused or contributed to the accident.

This is the Japanese company's largest recall ever in the U.S. The company claims it will be the largest recall in its history. The recall will affect 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

More information about the recall should be forthcoming in the near future. However, in the meantime, owners of these vehicles should remove the floor mats on the driver's side and not replace them.

The Food and Drug Administration (FDA) has issued a warning that personal emergency-response buttons worn around the neck present a potential choking hazard. Typically, wearers of such devices can call for emergency button help to their home by pushing the monitored device wearer's "help" button. The FDA is aware of at least six reports between 1998 and 2009 of serious death or choking that occurred when the cord on the buttons became entangled with other objects.

There are more than 750,000 users of the Philips Lifeline Personal Help Buttons in the United States and Canada. The Philips Lifeline Help button is designed to not break away so that it does not fall off during an accident; however, this increases choking risks if the device catches on another object, such as a wheelchair, walker or bed.

The FDA recommends that users of this device, or any other personal emergency-response device worn around the neck, consult their healthcare providers to determine which style of emergency response button is most beneficial to them. The FDA also encourages users to report serious adverse events or product quality problems with the use of this product to the FDA's MedWatch Adverse Reporting program either online, by regular mail, fax or phone:

Online: www.fda.gov/MedWatch/report.htm
Regular Mail: Use postage-paid FDA form 3500 available at www.fda.gov/MedWatch/getforms.htm, and mail to MedWatch5600 Fishers Lane, Rockville, MD 20852-9787
Fax: (800) FDA-0178
Phone: (800) FDA-1088

Continue reading "CHICAGO PRODUCTS LIABILITY ATTORNEY SHARES WARNING" »

Vehicle Safety Information Resource Center, LLC (VSIRC) provides an online database at www.vsirc.com, which contains research tools and access to government data and documents on motor vehicle safety. As a personal injury attorney in Chicago who handles car accident cases, this is a great resource.

Some of the material available on the site is inaccessible through the government's online sites or is no longer available from the National Highway Traffic Safety Administration (NHTSA).

The website contains information on foreign recalls and also allows users to search whether car seat manufacturers are in compliance with safety regulations.

As an advocate of child safety in the home and safe products for consumers, I am asking everyone to check their window treatments to determine if they are part of a nationwide recall. Millions of window coverings are being recalled by Lewis Hyman, Pottery Barn Kids, IKEA, Lutron, Vertical Land and Victoria Classics. Additionally, some were sold at Target and Expo Design Center. The companies are recalling the products after the deaths of three children who were strangled by the product cords. The Consumer Product Safety Commission (CPSC) issued the warning on Wednesday, August 26, 2009.

Two deaths were attributed to window treatments from Lewis Hyman Inc. of Carson. The company recalled 4.2 million roll-up blinds with plastic slats, sold throughout the country from 1999 through 2003 and 600,000 Woolrich Roman shades, sold at Target from 2006 through 2008.

Another death was attributed to a product by a Panama City Beach, FL company called Vertical Land Inc., which recalled thousands of blinds and shades that were sold at its stores in Florida from 1992 to 2006.

Pottery Barn Kids/Williams-Sonoma Inc. recalled 85,000 Roman shades. The products were sold at Pottery Barn Kids from 2003 to 2007.

IKEA recalled 120,000 Melina Roman blinds, sold from 2006 to 2008.

About 245,000 fabric roller shades are being recalled. Distributed by Lutron Electronics Co. of Coopersburg, Pa., they were sold by dealers and Expo Design Centers from 2000 through this April.

About 163,000 Roman shades in two styles -- thermal sailcloth and matchstick bamboo -- from Victoria Classics of Edison, N.J., are being recalled. The shades were sold at Target from September to June of 2009.

Continue reading "BLINDS AND SHADES RECALLED AFTER CHILDREN FATALLY INJURED" »

The U.S. Consumer Product Safety Commission, in cooperation with Target, announced a voluntary recall earlier this week of Circo Booster Seats due to a fall hazard. Target, the exclusive seller of the defective seat, has received eight reports of the booster seat buckles opening unexpectedly. As such, consumers are urged to stop using the booster seat and return the item to a Target store to receive a full refund.

The recall involves Circo booster seats with manufacture date codes XJ0811, XJ0812, XJ0901 and XJ0902. You can find the manufacture date printed on the backside of the seat next to the consumer warning information. The recalled booster seat is blue with green trim and white straps.

At least 20 people have been infected with Hepatitis A after eating at a McDonald's located in Milan, Illinois. Health officials believe an infected employee worked for 7 days in July, thereby spreading the virus to patrons.

Hepatitis A is an acute liver disease transmitted by ingesting microscopic amounts of fecal matter or contaminated food or coming into close contact with an infected person. Health officials estimate that nearly 10,000 people who have eaten at the McDonald's in question will need to get preventative treatment.

Keep these tips in mind to prevent infection from contaminated foods:
* If you're eating out, check the restaurant for general cleanliness. An unclean restaurant may indicate a greater likelihood of dangerously unclean cooking conditions.
* Wash your hands before eating. Many suspected cases of food poisoning are caused by the patrons rather than the food, so keep antibacterial foams, gels or wipes available before eating and be sure to wash thoroughly before handling any food.
* Eat food while still hot. Once food cools, bacteria can multiply at an extraordinary rate.

The National Highway Traffic Safety Administration announced Friday that certain Dorel Juvenile Group's Maxi-Cosi Mico infant child restraints are being recalled. The recall was prompted because of attachment difficulties between the infant carrier and the base. If the carrier is improperly mounted to the base, the child could be injured in the event of a crash.

The affected models include the Maxi-Cosi infant child restraint systems, models 22-371 and 22-372, and Maxi-Cosi Mico infant child restraint system - base only, model 22-515, produced from July 2007 through February 17, 2008.

Consumers should stop using these products immediately. Dorel will replace the Mico base free of charge.

Parents and caregiver are urged to sign up with the NHTSA to automatically receive updates about child seat recalls via email. Sign up for recall notifications from the federal government by visiting www.safercar.gov and clicking on the "e-mail" or "RSS" option to register.

A Milan, Illinois McDonald's employee infected with hepatitis A, who worked while ill for seven days in July, possibly spread the virus to McDonald's patrons who consumed food or beverages at the restaurant from July 6-10 or July 13-14. Authorities are urging an estimated 10,000 people who ate at the Milan McDonald's during this time period to seek out preventive treatment for the virus.

Illinois Health officials reportedly did not know about the case until July 13. McDonald's corporate office released a statement that said the restaurant learned of the case from health officials on that day. Authorities are trying to learn why the case went unreported for more than three weeks. Rock Island County Officials in particular are asking for an investigation into the outbreak and handling of the situation, requesting the sheriff's department to look into the outbreak.

Rock Island County Health Department is currently administering free hepatitis A vaccinations to people ages 1 to 40, who may have been exposed to the virus. Others can receive immune globulin, a substance rich in antibodies that is given as a shot. Preventive treatments are most effective within two weeks of exposure, health officials said. With the public health and tax dollars at stake, county officials want to know whether the outbreak could have been avoided and who is at fault.

According to the National Institute of Health, hepatitis A is spread primarily through food or water contaminated by feces from an infected person. Thus, in restaurant outbreaks, hepatitis A is usually spread by a worker who didn't wash his or her hands properly after using the bathroom. The Illinois Department of Public Health regulates food service sanitation in Illinois, including when and where food service employees must wash hands while engaged in food preparation. Restaurant owners have a duty to make sure their restaurant maintains the highest of sanitary standards and remove employees affected by such highly communicable diseases like hepatitis A.

The hepatitis A virus can cause liver swelling. Symptoms include fatigue, abdominal pain, jaundice, vomiting and fever and can appear from 15 to 50 days after exposure. Very few cases of hepatitis A are fatal; however, if you are suffering from any of these symptoms, contact a doctor immediately.

The U.S. Consumer Product Safety Commission (CPSC) reports that nearly 400,000 Simplicity Drop Side Cribs have been voluntarily recalled due to a suffocation hazard.

According to the CPSC, the crib's plastic hardware can break or deform, causing the drop side to detach. When the drop side detaches, it creates space between the drop side and the crib mattress. Infants and toddlers can roll into this space and become entrapped which can lead to suffocation.

At least one child, an 8-month-old from Houston, has died after becoming entrapped and suffocating between the drop side and the crib mattress. The CPSC is also aware of 25 additional incidents involving the drop side detaching from the crib.

Simplicity previously recalled 600,000 drop side cribs with similar defects in September, 2008. In 2007, nearly 1 million older model drop side cribs were recalled after two children became entrapped and suffocated.

The CPSC urges consumers to immediately stop using the recalled cribs and find an alternative, safe sleeping environment for their baby. Purchasers of the recalled crib may return the crib to the place of purchase for a refund, replacement or store credit.

Continue reading "SIMPLICITY CRIBS RECALLED FOR SUFFOCATION RISK" »

An outbreak of illness that has affected at least 72 people in 30 states has been linked to tainted raw chocolate chip cookie dough. At a Nestle plant in Danville, Virginia, federal investigators found the E. coli O157:H7 bacteria in a 16.5-ounce cookie dough package that had a day code of 9041 and a "best before 10 JUN 2009." Food and Drug Administration researchers have tested the bacteria in the cookie dough and confirmed that it contains the same genetic fingerprint as the E. coli linked to the recent outbreak.

The Center for Disease Control has reported that among the 72 people affected, 51 have been confirmed to have the outbreak strain. Thirty-four people have been hospitalized and ten have reportedly developed a kidney disease called hemolytic uremic syndrome. No deaths have been linked to the outbreak.

Nestle's Danville, Virginia plant has been closed since June 18, 2009.

The U.S. Consumer Product Safety Commission (CPSC) recently announced that toy-maker Mattel Inc. and its wholly owned subsidiary, Fisher-Price Inc., have agreed to pay a $2.3 million civil penalty for violating the federal lead paint ban which has been in effect since 1978. The law prohibits toys and other children's articles from having more than 0.06 percent lead in paints or surface coatings. Lead can be toxic if ingested by young children and can cause adverse health consequences.

In 2007, about 95 Mattel and Fisher-price toy models were determined to have exceeded the federal limit. CPSC alleged that Mattel knowingly imported up to 900,000 non-complaint toys between September 2006 and August 2007 and distributed them to its retail customers for sale to US consumers. The toys were later recalled in August and September of 2007. The CPSC further alleged that Fisher Price knowingly imported up to 1.1 million non-complaint toys between July 2006 and August 2007. Theses toys were recalled in August, September and October of 2007.

The $2.3 million civil penalty is the highest for violations involving importation or distribution in commerce of a regulated product and is the third highest of any kind in CPSC history. CPSC Acting Chairman Thomas Moore hopes that the penalty serves as notice to toy makers that the CPSC is committed to the safety of children, to reducing their exposure to lead and to the implementation of the Consumer Product Safety Improvement Act.

The U.S. Consumer Product Safety Commission (CPSC) reported Wednesday that Macy's will voluntarily recall 33,000 children's hooded sweatshirts that pose a strangulation risk. While no injuries have been reported to the CPSC, the drawstring sewn at the base of the hood can pose a strangulation hazard.

The recall includes boys and girls Epic Threads sweatshirts and girls Greendog sweaters with nonfunctional ties in numerous styles. The Epic Threads sweatshirts are white, gray, maroon, yellow, blue, green, and black, with images on the front and/or back. The girls Greendog sweaters are brown and gray. Only sizes small and medium are subject to the recall.

The sweatshirts and sweaters were sold at Macy's stores nationwide from July 2008 through March 2009. Consumers are instructed to remove the ties from the sweatshirts to eliminate the hazard or return the garment to any Macy's for a full refund.

For more information, contact Macy's at 888.257.5949 between 10 a.m. and 10 p.m. ET Monday through Friday or visit Macy's website at www.macys.com.

Evenflo Company, Inc. voluntarily recalled its Evenflo Envision High Chairs after receiving 320 reports of seatbacks detaching or reclining unexpectedly, resulting in 19 reports of bumps and bruises to the head and 35 reports of other injuries including abrasions, pinches and bruises. Evenflo has also received 13 reports of recline fasteners and screws falling out of the high chair, resulting in one incident in which a fastener and/or screws were found in a child's hand or mouth but were removed before choking occurred.

The recall involves all Evenflo Envision high chairs, including model numbers: 2891321, 2891321A, 2891333, 2891351, 2891351A, 2891365, 2891375, 2891403, 2891403A, 2891466, 2891466A, 2891478, 2891356, 2891536A, 2891573, 2891586, 2892351, and 2892351A. The model number can be found on a white label on the seatback. "Evenflo" and "Envision" are printed on the front of the tray. The product has been sold nationwide at retailers including Toys 'R' Us, Babies 'R' Us, K-Mart and Burlington Coat Factory from December 2002 through April 2006 for between $80 and $110. If you purchased an Evenflo Envision high chair, stop using it immediately and contact Evenflo (1-800-233-5921) to receive a free repair kit.

Continue reading "EVENFLO RECALLS ENVISION HIGH CHAIRS DUE TO FALL & CHOKING HAZARDS" »

On May 22, 2009, Chicago personal injury attorney, Jeffrey J. Kroll, was a panelist on a program entitled “Key Word Searches: Have We Lost Our Way?” The program was presented by the American Bar Association, Section of Litigation. This is the Third Annual National Institute on e-discovery. The program addressed practical solutions for dealing with Electronically Stored Information.

Jeff addressed recent judicial opinions questioning the practice of searching for ESI based on a unilaterally-creative list of key words. Recent opinions show a change in the way searches are and should be conducted.

The Law Offices of Jeffrey J. Kroll has been involved with a number of complex cases involving e-discovery. Many product liability and medical malpractice cases are ripe with e-discovery issues.

Valley Meats LLC, a meat producer based in Coal Valley, Illinois, voluntarily recalled nearly 96,000 pounds of potentially contaminated beef. The U.S. Department of Agriculture (USDA) designated the recall "Class One," meaning the health risk associated with eating the meat is high.

The Ohio Department of Health first reported an outbreak of illness linked to the potentially deadly bacterium E. coli 0157:H4 to federal authorities on May 13. E. coli is a bacteria which can cause bloody diarrhea, dehydration and kidney failure. The most vulnerable victims include the very young, the elderly and those with weak immune systems. Clusters of illnesses have since been reported in Illinois and Pennsylvania.

All of the recalled products were produced on March 10 and distributed nationwide. The products were packaged under a variety of labels. A list of the recalled products is available here.

Memorial Day is the unofficial start of summer...and with summer comes the time-treasured cook-out. While grilling out is generally a pleasant (and delicious) experience, according to the National Fire Protection Association (NFPA), gas and charcoal grills caused an average of 3,400 structure fires and 4,900 outdoor fires in or on home properties in 2005, resulting in a combined direct property loss of $137 million.

To make sure your next barbecue doesn't go up in the flames, the Home Safety Council recommends the following safety tips:

* Designate the grilling area a "No Play Zone" keeping kids and pets well away until grill equipment is completely cool.

* Before using, position your grill at least 10 feet away from other objects, including the house and any shrubs or bushes.

* Always stay by the grill when cooking.

* Only use starter fluid made for barbecue grills when starting a fire in a charcoal grill.

* Before using a gas grill, check the connection between the propane tank and the fuel line to be sure it is working properly and not leaking.

* Never use a match to check for leaks. If you detect a leak, immediately turn off the gas and don't attempt to light the grill again until the leak is fixed.

* Never bring a barbecue grill indoors or into any unventilated space. This is both a fire and carbon monoxide poisoning hazard.

The U.S. Consumer Product Safety Commission (CPSC) has reported that Build-A-Bear Workshop has voluntarily recalled its Folding Toy Beach Chair for Stuffed Animals after receiving 8 complaints of injuries. The toy chair legs can bruise, pinch or cut fingers if caught while folding.

Build-A-Bear Workshop stores nationwide and online sold the product from March 2001 through October 2008. Customers are instructed to return the toy beach chair to any Build-A-Bear Workshop store to receive a coupon for the value of the chair (approximately $8). If it is not possible to return the chair to a store, you can contact the company for alternate instructions on receiving a refund. For more information, please contact the Build-A-Bear Workshop toll-free at (866) 236-5683.

The Chicago City Council voted Wednesday to make Chicago the first U.S. city to ban bisphenol-A (BPA) in baby bottles and sippy cups. I applaud the efforts of the City Council in protecting our smallest consumers from harm. The chemical has been linked to cancer, diabetes, reproductive harm and other ailments.

The shelves of many stores such as Target and Babies 'R' Us already contain products touting BPA-free products. Nonetheless, the City's stance on this product goes an extra step in ensuring that our little ones are protected from this chemical.

Treehugger.com has covered the dangers of BPA and other plasticizers in our products and is a good resource for consumers. Unfortunately, BPA is in many of our products, including, some canned foods and plastic water bottles.

Continue reading "CHICAGO BANS BPA IN BABY BOTTLES AND SIPPY CUPS" »

The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) are alerting the public to be wary of internet sites and other promotions for products that claim to diagnose, prevent, mitigate, treat or cure the 2009 H1N1 influenza virus (commonly known as "swine flu"). The FDA and FTC are also advising the website operators to take prompt action to correct and/or remove promotions of these fraudulent products or face enforcement action.

Michael Chappell, acting FDA Associate Commissioner for Regulatory Affairs said that, "the FDA has developed an aggressive strategy to identify, investigate, and take regulatory or criminal action against individuals or businesses that wrongfully promote purported 2009 H1N1 influenza products in an attempt to take advantage of the current flu public health emergency."

The offending web sites are taking advantage of the public's concern about swine flue and their desire to protect themselves and their families. The fraudulent products come in all varieties and could include dietary supplements or other food products, or products purporting to be drugs, devices or vaccines. Such fraudulent products will not prevent the transmission of the virus or offer effective treatments against infections caused by the swine flu, warns the FDA.

The FDA is urging the public to contact their health care providers if they have questions or concerns about medical products or personal preventive products.

The FDA has approved only two antiviral drugs for treatment and prevention of the 2009 swine flu: Tamiflu and Relenza. These two drugs have Emergency Use Authorizations that describe specific authorized uses during this public health emergency.

The US Food and Drug Administration (FDA) has received 23 reports of serious liver injuries linked to Hydroxycut products. Consequently, Hydroxycut products, which are dietary supplements used for weight loss and energy enhancement, are being recalled.

The FDA has warned consumers to immediately stop using 14 Hydroxycut products manufactured by Iovate Health Sciences: Hydroxycut Regular Rapid Release Caplets, Hydroxycut Caffeine-Free Rapid Release Caplets, Hydroxycut Hardcore Liquid Caplets, Hydroxycut Max Liquid Caplets, Hydroxycut Regular Drink Packets, Hydroxycut Caffeine-Free Drink Packets, Hydroxycut Hardcore Drink Packets (Ignition Stix), Hydroxycut Max Drink Packets, Hydroxycut Liquid Shots, Hydroxycut Hardcore RTDs (Ready-to-drink), Hydroxycut Max Aqua Shed, Hydroxycut 24, Hydroxycut Carb Control, and Hydroxycut Natural.

"The FDA urges consumers to discontinue use of Hydroxycut products in order to avoid any undue risks. Adverse events are rare, but exist. Consumers should consult a physician or other health care professional if they experience symptoms possibly associated with these products," said Dr. Linda Katz, interim chief medical officer of the FDA's Center for Food Safety and Applied Nutrition.

The FDA reports that at least one death has been linked to Hydroxycut. A 19 year old man from the southwestern United States died in 2007. His death was reported to the FDA in March. Other serious liver problems include liver damage that resulted in a transplant in 2002, liver failure, jaundice, seizures and cardiovascular problems. While liver damage is rare, people who have experienced problems were taking doses recommended on the product label. Symptoms include brown urine, nausea, vomiting, fatigue, stomach pain, itching, and light-colored stool.

Manufacturers do not need to register a product with the FDA or get approval before selling a supplement. Iovate, the manufacturer of Hydroxycut, has voluntarily agreed to the recall of products from the market until further determinations can be made.

Continue reading "FDA URGES CONSUMERS TO STOP USING HYDROXYCUT PRODUCTS IMMEDIATELY" »

With the warmer temperatures and sunnier days, many homeowners are starting to work on their gardens and spruce up their lawns. Unfortunately, with the annual rush to get yards in shape too often, there is also a rush... a rush to the emergency room to treat an injury. In 2007, there were 78,773 injuries treated in U.S. hospital emergency rooms for the use of lawnmowers. Chainsaws accounted for 26,669 injuries. Even the handheld trimmers and small powered garden tools accounted for close to 20,000 emergency room visits. Therefore, homeowners need to be careful. The tools and equipments used to make lawn care maintenance easier can be hazardous when not used safely. These products all require special care.

The Consumer Products Safety Commission offers safety tips for the use of outdoor power tools and equipment. For example, here are some of the tips they recommend:

1. Never allow young children to operate or play on powered equipment;

2. Always turn off the machine before leaving it unattended;

3. Always turn off the machine when refueling;

4. Always turn off the machine when clearing debris from in or around the machine;

5. Use caution when refueling. Ensure the fuel is kept in an appropriate, child-resistant container.

6. When using a ride-on lawnmower, mow up and down slopes and not across the slopes. This will help prevent tip-overs.

7. Eye and hand protection are essential to safeguard against stones, sticks and other flying debris.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY WISHES YOU A HAPPY EARTH DAY WITH TIPS FOR SAFE YARD CARE" »

The Campaign for Safe Cosmetics commissioned an independent laboratory to test 48 top-selling children's bath products, including shampoos, bubble baths and baby lotions, for 1,4-dioxane, a cancer-causing agent. Twenty-eight of these products were also tested for formaldehyde, which is also a carcinogen and can also cause skin rashes. Unlike many other countries, the federal government does not limit formaldehyde, 1,4-dioxane or most other hazardous substances in personal care products.

Campaign for Safe Cosmetics, in conjunction with Environmental Working Group (EWG) now reports that 17 of the 28 products tested contained both formaldeyhe and 1,4 dioxane; 23 of the 28 products contained formaldehyde at levels ranging from 54 to 610 parts per million (ppm); and 32 of 48 products contained 1,4-dioxane at levels ranging from 0.27 to 35 ppm.

Strikingly, the chemicals are not disclosed on product labels because they are contaminants, not ingredients, and are therefore exempt from labeling laws. Formaldehyde contaminates personal care products when common preservatives release fomaldehyde over time in the container. 1,4-dioxane is a byproduct of ethoxylation, a chemical processing technique in which cosmetic ingredients are processed with ethylene oxide. The report notes that manufacturers can easily remove the toxic byproduct, but are not requried by law to do so.

Keep these tips in mind when shopping for your family:
* Select products with fewer ingredients and no synthetic fragrances or dyes and use fewer products overall.
* Select products that don't contain PEG-100 stearate, sodium laureth sulfate, polyethylene and ceteareth-20, which are likely to be contaminated with 1,4-dioxane.
* Select products that don't contain quaternium-15, DMDM hydantoin, imidazolidinyl urea and diazolidinyl urea, which may release formaldehyde.
* Check out this parent's buying guide for more information.

A recent study reports that nearly 2,000 American children and teenagers are injured on elevators each year, typically by doors closing on them. Most injuries involved bruises, scrapes, sprains and strain on the arms, hands, elbows, wrists and/or fingers. Two percent of the injured were hospitalized.

More than one quarter of injured children were one or two years old. Kids that age have begun walking and are becoming more independent, but they they may not yet know how to stay safe on elevators. Pediatrician Joseph O'Neil, M.D., MPH authored the study and pointed out that "Young children, especially younger than 5 years of age, often lack the strength, coordination, balance and protective reflexes needed to avoid an elevator-related injury."

O'Neil offers the following tips for elevator safety:
* Young children should be closely supervised in or near elevators.
* Passengers of any age should use caution when entering or exiting an elevator.
* Parents and caregivers should be encouraged to set an example by not trying to prevent an elevator door from closing.
* Elevator doors should be adjusted to sense light pressure from a child and open in response.

The Chicago Tribune has revealed test reports from the National Highway Transportation Safety Authority (NHTSA) that demonstrate that many car seats exceed injury limits. The data comes from crash tests performed by the NHTSA using 2008 model vehicles. The tests were intended to rate the safety of the cars, not the child restraint systems found inside. However, some of the child restrain systems showed remarkable levels of failure. For example, the Graco SafeSeat flew off its base during a crash.

In 2007, 63 babies were killed and about 7,000 were injured in car crashes where they were strapped into infant restraints.

It is apparent that the safety testing that has been performed to date need to be reevaluated. This research reveals that there is a difference between "sled bench" testing and testing that is performed in an actual vehicle. Before being sold, car seats must pass a test that simulates a head-on crash at 30 mph on a sled bench. In the analysis of the tests unearthed by the Tribune, regulators crashed actual vehicles into a wall at 35 mph.

Claybrook said the crash tests suggest something that is common sense: The effectiveness of car seats can be more thoroughly judged when evaluated inside a real car as it is crashed.

This data reveals that more rigorous testing is necessary to protect our most precious cargo, our children.

The Consumer Product Safety Commission (CPSC) and Mad Dog concepts have voluntarily recalled Tony Hawk Boys' pajama sets. The pajamas, which failed to meet federal flammability standards, poses a risk of burn injuries to children. The pajamas were sold at Kohl's Department stores from September to October 2008.

The recall involves four skateboard-themed sets named "Boards Estate" (item #TH005LSB), "Heathen Skull" (item #TH006BSB), "Backspray" (item #TH007GSB) and "Stix Jester" (item #TH008RSB). The name of the product and item number are sewn in the neck and pant.

Consumers should stop using the recalled pajamas immediately and contact Mad Dog Concepts toll-free at (888) 623-3640 between 8:30 a.m. and 5 p.m. ET Monday through Friday for instructions on obtaining a full refund.

The presence of lead in children's toys is a major concern for parents. Lead poisoning can cause learning disabilities, behavioral problems, and, at very high levels, seizures, coma, and even death.

On February 10, 2009, the Consumer Product Safety Improvement Act (CPSIA) takes effect. The new law requires manufacturers, importers and retailers to not sell products containing more than 600 parts per million (ppm) total of lead. Certain children’s products manufactured on or after February 10, 2009 cannot be sold if they contain more than 0.1% of certain specific phthalates or if they fail to meet new mandatory standards for toys.

Under the new law, children’s products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009.

There was initially a question of whether the new law applied to seller's of used children's products; however, in a clarification issued by the U.S. Consumer Product Safety Commissuin (CPSC) on January 8, 2009, the CPSC stated that resellers, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards. Parents should be extremely cautious when purchasing used toys from a thrift store or a reseller; used children's toys may not meet the new lead limits.

When the CPSIA was signed into law on August 14, 2008, it became unlawful to sell recalled products. All resellers should check the CPSC website, which provides extensive information on on recalled products, prior to selling a product. Someone who resells recalled products could face civil and/or criminal penalties.

As has previously been posted on this site, cribs and bassinets have been the subject of recent recalls as they may pose a strangulation hazard to infants. Additionally, parents and caretakers should prevent their children from playing with toys with small parts or parts that could become loose as they could present a choking hazard.

Continue reading "NEW LAW REDUCES CHILDREN'S EXPOSURE TO LEAD FROM TOYS" »

In December 2007, President Bush signed a new federal law designed to prevent drain entrapments and eviscerations in pools and spas. Under this law, all public pools and spas were to have compliant drain covers installed and a second anti-entrapment safety device, like a safety vacuum release system, installed when there is only a single main drain, by December 2008. The Virginia Graeme Baker Pool and Spa Safety Act of 2007 was named after a 7-year old girl who was killed after getting entrapped in a hot tub.

According to Safe Kids USA, the statistics for entrapment are probably grossly underestimated - only 33 deaths have been officially listed as being caused by entrapment between 1984 and 2004. Since the death of Baker, however, her mother and other advocates have lobbied for a law so these deaths were not in vain.

Despite the the dangers posed by uncovered drain and the new federal law, many pools are not yet in compliance. Several pool operators claim they simply weren't given enough time to get the covers and claimed some models weren't available until weeks before the law went into effect. Others claim that the models they requested were on back order. Complicating matters is the different ways that states are enforcing the law. Because the agency overseeing the law (the Consumer Product Safety Commission) is so small, it is looking to state public health and safety departments for help, but some states are being more lenient than others enforcing the law. For example, the public health department in Riverside, California said it will not enforce the law until a similar law is passed by the California state legislature.

The CPSC knows that some pool operators have had problems obtaining the drain covers and is focusing its efforts on the most high-risk pools, such as wading pools, kiddie pools and the shallow end of larger pools. The CPSC has warned, however, that ultimately, a pool owner will be held liable if there is an injury or death at a pool lacking the proper drain covers.

The Food and Drug Administration (FDA) announced yesterday that PetSmart is recalling seven of its Great Choice dog biscuit products because they contain peanut products made by Peanut Corporation of America, which has been linked to a salmonella outbreak in 43 states and Canada. PetSmart removed the products from the shelves as a precautionary measure, but noted that it is not aware of any reported cases of illness related to the biscuits.

The FDA said that the risk to animals is minimal, but people who handle contaminated treats could come in contact with the bacteria. As such, it is important for people, particularly children and the elderly, to wash their hands after feeding treats to pets because salmonella could be on the surface.

This most recent salmonella outbreak has sickened at least 486 people, killing six, and has been linked to products manufactured by the Peanut Corp. of America in its Blakely, Georgia facility. The Center for Disease Control (CDC) reports that of those sickened, 107 have been hospitalized.

Peanut butter produced by Peanut Corp. is not sold in individual jars, but is sold to institutions such as schools, prisons and nursing homes. Peanut Corp. also produces peanut paste, which is used in cookies, crackers, cake, ice cream and other products. Some of these products have already been recalled.

About 125 products have been recalled due to the outbreak. For more information on what products have been recalled, please click < a href= "http://www.accessdata.fda.gov/scripts/peanutbutterrecall/index.cfm/" target= "_blank">here.

Continue reading "PET TREATS RECALLED" »

As reported last week on our blog, Kellogg has pulled a number of it peanut butter products from the shelves in response to a salmonella outbreak linked to peanut butter manufactured by the Peanut Corporation of America. Federal officials are now warning Americans to avoid any snack food that includes peanut butter in the ingredients as these foods may be contaminated with salmonella. This warning does NOT apply to jars of peanut butter.

To date, the outbreak has been linked to 470 illnesses and six deaths in 43 states. The investigation has expanded since officials confirmed salmonella contanimation at a Georgia facility owend by the Peanut Corporation of America, which ships peanut products to 85 companies including Kellogg's which produces Keebler and Famous Amos products.

The FDA is recommending that consumers avoid peanut crackers and candy bars until the companies are cleared by the FDA as not having used peanut butter from the contaminated facility. It will take time to determine the source of the outbreak, but the government must move as quickly as it can since Peanut Corp sold to compaies that distributed to schools, hospitals and nursing homes. Salmonella is particularly dangerous to the young, elderly and ill, so health officials have urged these institutions to throw out specific containers of peanut butter linked to the outbreak.

Starting tomorrow, January 20, you could be eligible for free cosmetics thanks to a large class action settlement. As part of the settlement, several department stores have been ordered to give away $175 million worth of free cosmetics. The lawsuit, which settled back in 2004, alleged that department stores and cosmetics companies conspired to sell products at the manufacturers' suggested price only - never at a discount. It also alleged that special promotions were coordinated in a way that ensured there would be no competition among stores.

Any person who purchased cosmetics from any of the defendant stores, which includes high end retailers such as Macy's, Nordstrom, Neiman Marcus and Dillards, among others, between May 1994 and July 2003 qualifies for the freebie. You do not need to show a receipt, but you will have to sign a form saying you received your free cosmetics. This offers is limited to one $25 product per person from only one of the stores. Free cosmetics will be distributed to class members for a maximum of seven days, while supplies last, on a first come, first served basis, beginning on January 20, 2009, so don't miss out!

Please click here for a list of retailer defendants that will be participating in the settlement product distribution and a list of the products that will be distributed.

Continue reading "YOU MIGHT BE ELIGIBLE FOR FREE COSMETICS!" »

The Kellogg Company announced Wednesday it is recommending that consumers not eat its peanut butter crackers because they may be tainted with salmonella.

The products affected are Austin- and Keebler-branded:
* Toasted peanut butter sandwich crackers
* Peanut butter and jelly sandwich crackers
* Cheese and peanut butter sandwich crackers
* Peanut butter-chocolate sandwich crackers

Peanut Corporation of America, a producer of peanut butter, is one of several peanut butter suppliers to Kellogg and has been linked to an outbreak of salmonella poisoning that has affected at least 434 people in 43 states.

While Kellogg has not received any consumer illness complaints about the products, the company is taking precautionary measures including putting a hold on any inventory in its control, removing product from retail store shelves and encouraging consumers to hold and not eat the products until regulatory officials complete their investigation of Peanut Corporation of America and Kellogg.

Though consumers are urged to hold the product until there is more information, anyone seeking a refund may call 888.314.2060 for details about how to get one.

The US Fire Administration reports that Christmas trees account for 200 fires annually, resulting in 6 deaths, 25 injuries and more than $6 million in property damage. These fires are most commonly started by shorts in electric lights and by open flame from candles, fireplaces and lighters. To properly protect your home and family, remember to water your Christmas tree!! A well-watered tree does not present the fire hazard that a dried out tree does.

If you are going to have a "real" Christmas tree (as opposed to an artificial tree), make sure you follow these tips:
* Buy your tree fresh. To check for freshness, tap the tree on the ground - a fresh tree should not lose many needles. If needles are falling off, consider finding a fresher tree.
* Ask the vendor to cut an additional inch off the bottom of the trunk - this will help the trunk absorb water.
* Make sure your tree stand can accommodate at least one gallon of water.
* Check the water level every day. A six foot tree will use one gallon of water every two days.
* Keep the tree away from floor heaters, fire places, or other heat sources.
* Turn off Christmas lights when you leave your house and when you go to sleep.
* Never use candles on real or artificial trees.

Be safe this holiday season and remember to water that tree!

Continue reading "'TIS THE SEASON FOR CHRISTMAS TREE SAFETY!" »

At least seven people, including several children, were injured Tuesday night after a carbon monoixde leak in a Humboldt Park apartment building. Officers are still investigating the incident as it was not immediately known what caused the leak, but a situation like this cautions us all to inspect our furnaces for carbon monoxide leaks. To protect your home and family even more, I suggest getting a carbon monoxide detector.

According to a Center for Disease Control report, carbon monoxide (CO) exposures and poisonings occur more often during the fall and winter, when people are more likely to use gas furnaces, heaters and generators in their homes. From 2001-2003, approximately 480 U.S. residents died each year from non-fire-related CO poisoning. In addition, an estimated 15,200 persons with confirmed or possible non-fire-related CO exposure or poisoning were treated annually in U.S. hospital emergency departments.

Carbon monoxide is an odorless, colorless gas. The Environmental Protection Agency recommends the following tips to prevent carbon monoxide poisoning in the home:

* Keep gas appliances properly adjusted.
* Consider purchasing a vented space heater when replacing an unvented one.
* Use proper fuel in kerosene space heaters.
* Install and use an exhaust fan vented to outdoors over gas stoves.
* Open flues when fireplaces are in use.
* Choose properly sized wood stoves that are certified to meet EPA emission standards. Make certain that doors on all wood stoves fit tightly.
* Have a trained professional inspect, clean, and tune-up central heating system (furnaces, flues, and chimneys) annually. Repair any leaks promptly.
* Do not idle the car inside garage.

Click here for more information about carbon monoxide poisoning and remember to protect your family by checking for leaks today!

Continue reading "CHECK YOUR FURNACE FOR CARBON MONOXIDE LEAKS" »

Illinois Attorney General Lisa Madigan filed a lawsuit against SFCA, Inc., a crib distributor, for allegedly ignoring a nationwide recall of bassinets that can cause babies to suffocate. Simplicity bassinets were recalled in August 2008 after at least one baby suffered a strangulation death. SFCA purchased the assets of Reading, Pa.-based Simplicity earlier this year. CNN has reported that SFCA has said that it is not responsible for products previously manufactured by Simplicity. I think it is a shameful business practice to not take the necessary steps to protect consumers, especially newborn babies.

"Our investigation revealed that SFCA continued to distribute recalled products that posed serious risks to children," Madigan said in a statement. "I will not allow this company to wash its hands of responsibility to Illinois families."

Attorney General Madigan has issued a guide called, Rest Assured, to help parents and caretakers determine if their crib, bassinet or playard is part of the recall.

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Listeria. E. coli. Salmonella. The mere mention of these words makes us uneasy. Lately, it seems that the media is frequently reporting on food borne illnesses. Spinach, tomatoes and jalapeno peppers were some of the latest casualties. Just today, the Illinois Department of Public Health (IDPH) issued a warning of E. coli risks from iceberg lettuce distributed by a Michigan-based company, Aunt Mid's Produce Company.

Health officials say at least five Illinois residents were hospitalized after contracting the bacteria between late August and mid-September. A sixth Illinoisan also was infected by E. coli.

Under Illinois law, an individual may have a cause of action for injuries sustained due to food poisoning. In Tiffin v. Great Atlantic & Pacific Tea Co., 18 Ill. 2d 48 (1959), the Illinois Supreme Court held that by furnishing food to the general public, the manufacturer and retailer both impliedly warrant that the product is fit for human consumption at the time it leaves their respective control, and where the food proves to be deleterious, either or both may be required to respond in damages to the injured consumer.

An Illinois Federal judge has held that an expert witness who was retained by a woman injured in a motorcycle accident was not required to identify the exact cause of the crash but was allowed to narrow the cause to one of three errors in the manufacturing process. McCloud v. Goodyear Dunlap Tire, 2008 WL 2323792 (C.D. Ill., June 2, 2008).

A woman was permanently disabled when the rear tire of her Honda Gold Wing Motorcycle blew out. Although the expert witness on behalf of the Plaintiff testified that the blow out occurred because the nylon cord became imbedded in the tire’s inner most layer rather than where it belonged, in the layer of rubber, this error could have occurred during three possible ways phases of the manufacturing process. Goodyear argued that the plaintiff’s expert had not pin pointed when or where the defect occurred in the manufacturing process. The three possible manufacturing errors identified by the expert where “not simply speculative guesses,” noted one of the judges.

It is unclear whether this rational will be carried over in other product liability cases. It appears that the expert’s opinions and basis of his opinions were appropriate and not based on speculation. This type of ruling is favorable for consumers who are injured by a product but cannot identify the specific cause of the product defect.

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Tainted milk in China has led to four deaths, eighteen arrests and at least eleven African and Asian countries have banned the importation of Chinese dairy products. Over 53,000 children have been sickened and that number is expected to rise. At the center of the scandal is the chemical melamine. Melamine is commonly used in coatings and laminates, wood adhesives, fabric coatings, ceiling tiles and flame retardants. Some Chinese dairy plants have added it to their milk products to create artificially high protein levels. But human consumption of a chemical used as flame retardant can have disastrous effects, leading to kidney stones, renal failure or even death.

According to a September 20, 2008 FDA Statement, there is no known threat of contamination in infant formula manufactured by companies that have met the requirements to sell such products in the United States. However, the FDA has begun a nationwide investigation to check Asian markets for Chinese manufactured infant formula that may have been brought into the United States. The FDA is also advising consumers not to purchase infant formula manufactured in China from internet sites or from other sources. For more information on this topic, please visit the US Food and Drug Administration (FDA) website.

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A voluntary recall was announced by the United States Consumer Product Safety Commission (CPSC) regarding MacGregor Folding Soccer Goals and Mitre Folding Soccer Goals (both manufactured by Regent Sports Corporation). Reportedly, the fixed knot flexible openings in the soccer goal net can pose a head and neck entrapment or strangulation hazard to young children.

The products were sold at Wal-Mart, Ace Hardware and sports and toy stores nationwide from May 2002 through May 2008 for $26.

The goals that are subject to the recall have squares that measure 5 inches. Regent Sports Corporation also distributes a goal with squares measuring 4 inches on the net; these goals are not involved in the recall.

According to a report on National Public Radio (NPR), the difference in cost between making a goal with the deadly 5-inch mesh and a goal made with the smaller, safer mesh is estimated at less than 20 cents of polyethylene cord. Twenty cents: such an incredibly small amount of money to protect young children from harm.

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One of the most popular bassinets in America has been linked to the death of at least two babies and an investigation is underway to determine whether or not the bassinet has a deadly design flaw. The U.S. Consumer Product Safety Commission (CPSC), which regulates many children’s products, actually had knowledge about the first baby’s death but did not recall the product. Eleven months later, another baby died in a similar bassinet. On August 28, 2008 federal regulators directed retailers across the country to stop selling the product and to recall roughly 900,000 dangerous bassinets. It is one of the largest child product safety recall actions in recent years.

Both deaths involved the Simplicity 4-In-One Winnie the Pooh Bassinet. The bassinet consists of a metal frame that contains fabric on the sides. At least one of the fabric sides is able to fold down so a parent can observe and easily reach the baby. Unfortunately, this design creates a gap. A baby’s chest or head can get caught between the metal support and the mattress. When this occurs, they are trapped and hang to death.

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