Articles Posted in Product Liability

The U.S. Food and Drug Administration (FDA) has issued a rare “black box warning” on power morcellation devices for laparoscopic surgery to remove uterine fibroids or to perform a hysterectomy.

The warning cautions women considering undergoing fibroid removal surgery with the devices. The warning tells women that they may wish to choose an alternative type of surgery because surgery with the device could inadvertently spread undetected cancer.

The Wall Street Journal answers five questions about the device warning. You can read more here: 5 QUESTIONS ABOUT THE FDA WARNING ON MORCELLATORS, UTERINE FIBROIDS

According to the FDA, it is estimated that one in 350 women who undergo hysterectomy or fibroid removal surgery has a uterine sarcoma, a kind of cancer. Morcellators are devices that dissect the uterus or fibroids using a spinning blade. However, if the blades come into contact with a malignant cancer, cancer cells can spread in the pelvis and abdomen worsening a person’s likelihood of surviving.

If you or a loved one has had an onset of cancer after power morcellation surgery, you should contact a faulty medical devices attorney about the possibility of filing a lawsuit.

The Farber Law Group, a personal injury law firm in Bellevue, Washington, has represented cases involving faulty medical devices. Call us today for a free and confidential case evaluation.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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The U.S. Consumer Product Safety Commission reports that Graco Children’s Products has issued a recall for 4.9 million strollers because a folding hinge on the stroller’s die poses an amputation risk.

Graco reports they have received 11 reports of finger injury including six fingertip amputation and four reports of partial fingertip amputation.

The strollers involved in the recall includes 11 Graco and Century-brand strollers with a build date between August 2000 and September 2014.

The stillers were sold in a wide range of stores including Toys “R” Us Inc., Target and Wal-Mart Stores and have the names: Aspen, Breeze, Capri, Cirrus, Glider, Kite, LiteRider, Sierra, Solara, Sterling and TravelMate Model Strollers and Travel Systems.

Contact Graco Children’s Products at 1-800-345-4109 or at their website for more information and to receive a repair kit.

Baby and Child Product Liability Attorney

If a baby or a child is seriously injured due to a product that had defective design or manufacturer, parents may wish to seek damages by filing a product liability claim. Product liability claim can be made against manufacturers, distributors and suppliers.

The following list contains a representation of some of the products that were recalled after deaths or serious injury to children.

  • Drop-side cribs
  • Defective child restraints
  • Unsafe clothing or bedding
  • Adulterated food products
  • Magnetic toys
  • Airsoft guns
  • Bumbo Baby Seats
  • Pocket bikes
  • Nanny and Nap Nanny

Every year, thousands of children suffer injury or are killed due to defective or dangerous products. The Farber Law Group, a Bellevue personal injury law firm, has experience investigating and litigating cases involving dangerous products.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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airbag injury lawyer seattleThe National Highway Traffic Safety Administration (NHTSA) along with Toyota, Honda, Mazda, BMW, Nissan and General Motors vehicles have notified owners of millions of vehicles to replace airbags manufactured by Takata due to a manufacturing defect in the airbag. Toyota just expanded the recall with letters being sent to 247,000 auto owners.

The scope of the recall appears to be huge with 10 million or more vehicles affected worldwide.

The problem with the airbags, manufactured by Takata, a Japanese parts supplier, is that they have the potential to explode and shoot out shrapnel which may seriously injure or even kill occupants of the vehicle. The faulty airbags pose a serious safety issue.

An investigative report in the New York Times revealed that Honda and Takata knew about the defect for years but called the problem an “anomaly.”

What Cars are Affected

The recall affects potentially 14 million cars. Owners can use the website to determine if their vehicle is one of those installed with a defective airbag.

Right now, the recalls have been in certain areas that have humid conditions and the recalls appear to be expanding to other areas.

The airbag problem has the potential to affect more than five times the number of vehicles the General Motors faulty ignition switch recall. Expect to see more information about it in the press as the recall expands and gains more visibility.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured due to defective products. We have more than 40 years experience dealing with product liability claims.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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A Pennsylvania man, who was paralyzed in a rollover car accident, has been awarded a $55.3M product liability lawsuit against Honda Motors by a Pennsylvania jury.

The jury agreed with the plaintiff, Carlos Martinez, 57, that a faulty seat belt design in his Acura Integra was the cause of the paralyzing injuries he sustained in a car accident.

Martinez lost control of his vehicle when a tire blew and his seat belt did not restrain him, allowing his head to hit the roof of the car in the rollover accident.

Ken Feinberg, the attorney for General Motors who is administering the victims compensation fund related to the company’s ignition recall, says the company pledges to compensate all victims of car accident victims due to faulty ignition switches in vehicles they manufacture including Chevrolet Cobalt and HHR; Pontiac G5 and Solstice; Saturn Ion and Sky.

Damage claims can be submitted between August 1 and December 31. Click here for Ignition Recall information.

Feinberg pledges to compensate victims even if they were driving under the influence (DUI) or texting at the time of the accident.

The compensation fund will not provide any punitive damages.

ignition%20switch.jpgFeinberg said that if you had previously settled a claim before you knew of the faulty switches, that you can still open a claim.

Currently, there are more than 100 lawsuits against GM related to the faulty switches. Some people are suing claiming injuries caused by a car accidents. Others have filed claims saying that their vehicle has lost resell value because of the faulty ignition switches.

The United States Congress is investigating GM on why they waited ten years to recall and repair a known ignition defect. The defective switch has been linked to ten deaths.

Check with a Product Liability Attorney before you Sign Anything

If you have extraordinary damages such a serious injuries or death of a loved one due to a car accident involving a faulty ignition switch, you are advised to seek the counsel of a Product Liability Attorney to insure your rights are being protected.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents caused by negligence. We also represent product liability claims which involves injuries due to defective manufacture, design defect or defective marketing.
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carbon monoxide death lawyerWe just read a tragic story by KOMO News about twin brothers in their 80’s who died of carbon monoxide poisoning while working on an antique car in the garage at one of their homes.

The death of William Schofield and Walter Schoenfield comes but days after a
Carbon monoxide leak at a Long Island mall killed a restaurant managers and seriously injured a restaurant employee. In all 26 people had to be treated from exposure to carbon monoxide.

Carbon monoxide is a silent killer and is the leading cause poisoning death. According to the Centers for Disease Control and Prevention, approximately 400 Americans die from accidental carbon monoide poisoning every year.

Carbon monoxide is a odorless and colorless gas which is tasteless and at first exposure is non-irritating. Because of these characteristics carbon monoxide might not be detected until people become ill unless there is a carbon monoxide detector present.

State fire codes do not require carbon monoxide detectors except in places where people sleep.

Symptoms of carbon monoxide poisoning can include:

  • Confusion
  • Headaches
  • Vertigo
  • Flu-like symptoms
  • Shortness of breath
  • Lightheadedness

At higher levels of the gas, carbon monoxide can cause a person to lose consciousness and can prove fatal.

In Washington state, we have seen incidents of carbon monoxide during period during power outages and people try to heat their houses with their oven or bring a barbecue in the house to cook.

Washington Accident Attorney: Tips to Prevent Accidental Carbon Monoxide Poisoning

To prevent accidental death in your own home or business, follow these tips:

  • Make sure furnaces and appliances are installed correctly including proper venting.
  • Make sure chimney flues are not blocked.
  • Use precaution when service fuel-burning appliances.
  • Do not use portable generators or gasoline engine-powered tools in an enclosed space.
  • Do not run a car in a garage, even with the garage door open.
  • Do not burn charcoal inside a home.
  • Do not use gas powered appliances such as an oven to heat your home.
  • Install CO alarms in hallways and in sleeping areas of your home.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. We represent people who have become ill due to carbon monoxide poisoning due to defective products or through the negligence of another. We also assist families with their wrongful death lawsuits as a result of losing a family member due to a negligent or wrongful act.

Contact The Farber Law Group at 1-800-244-9087 or to schedule a free and confidential case evaluation. Our Bellevue office is here to assist you.
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Seattle DePuy Hip Replacement LawyerThe Farber Law Group, a personal injury law firm located in Bellevue, Washington, represents people who have been seriously injured by the now-recalled DePuy ASR hip replacements. We have been closely monitoring the couple of cases that have gone to trial and the settlements that each of the victims received.

DePuy may be considering settling cases rather than taking them trial after a Los Angeles jury awarded a plaintiff $8.3M.

In reading several blogs and reports in Bloomberg News and The National Law Journals, it appears that DePuy Orthopedics Inc., may be close to settling more than 10,000 lawsuits brought against it. Bloomberg News says that Johnson & Johnson, DePuy’s parent company, may have set aside $3 billion to compensate the victims of the defective implants.

Some blogs are even suggesting that several cases that were slated for trial have already been settled on the QT. One such case scheduled for California court appears to be settled and one in New Jersey has been recorded as resolved and the cases were removed from Bergen County District Court trial calendar.

In Ohio where several federal cases were consolidated, the September 24 trial date has been postponed. Perhaps there may be settlements in the works before this case goes to trial.

We will keep you apprised to what we learn about case settlements and are keeping our clients abreast of the fast changing legal landscape.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. Call us today for answers to your questions about your hip implant and your legal standing in regards to filing a lawsuit.
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seattle product liability attorneyThe Wall Street Journal reports that a 7-month old Florida boys has died after ingesting a All Mighty Pacs Free & Clear single load laundry detergent pack.

Detergent laundry packets have been one of the newest laundry cleaning innovations. The small packets of highly concentrated laundry detergent are convenient and prevent detergent waste. However, there have been reports that babies and toddlers have been poisoned after accidentally ingesting the product.

According to the National Poison Data System, 5,753 children, ages five and younger have been exposed to the laundry packets between January 1 and July 31 of this year. In 2012, there were 6,231 reports of accidental exposures. As the product becomes more popular, we may see the number of children injured increase. Therefore, it is imperative that parents and caregivers be warned of the danger and manufacturers warn people of the risks.

According to Poison Control centers, ingesting the product or coming into contact can cause vomiting, wheezing and gasping and serious breathing problems. Some children have even required ventilators to help them breathe. Other children have suffered eye injuries after the concentrated detergent got into their eyes.

The packets seems to be especially attractive to children because some are colored brightly and they are squishy and fun to play with them. Some of the laundry packets/pods are packagaged in colorful packs that might resemble toys or candy.

Poison control centers are warning parents of the dangers of these laundry packets.

  • Keep detergents locked up and out of reach of small children.
  • Follow product instructions.
  • Contact your Poison Control Center 1-800-222-1222 if you suspect your child has been in contact with these detergent packets.

This information is provided by Washington Injury Attorney blog, a service of The Farber Law Group. Our product liability lawyer is currently reviewing laundry detergent pack poisoning lawsuits for families who have had children who have been seriously injured after ingesting the product or after getting it into their eyes.

If your child suffered one of the following symptoms after coming into contact with these products, you may be seeking counsel of a product liability attorney:

  • nausea
  • loss of consciousness
  • respiratory distress
  • gastrointestinal damages
  • vision loss

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The Farber Law Group, a medical malpractice law firm located in Bellevue, Washington, recommends that all patients fitted with a DePuy metal-on-metal ASR hip implant seek legal counsel before statute of limitations run out.

Seattle DePuy Hip Replacement LawyerIf you are a patient with a ASR XL Acetabular and Hip Resurfacing Systems, you could literally be forfeiting hundreds of thousands of dollars if you wait too much longer to file a claim. If you are a loved one received a DePuy ASR hip implant and you have not yet filed a claim, you should call The Farber Law Group at 1-800-244-9087 as soon as possible to make sure you do not limit your recovery.

The DePuy ASR hip implant was recalled because of its high failure rate. The hip implant has been known to cause fractures and dislocations. Many patients have suffered considerable pain. One of the most worrisome side effects of the hip implant, however, is the metal debris of cobalt an chromium which can be shed in a patient’s tissue and blood stream when the metal parts of the hip implant rub. The Farber Law Group can recommend the specific blood test which measures levels of heavy metal in a patient’s blood stream. If a patient tests positive at certain levels, it is a good indication that the hip implant should be removed and replaced.

Heavy Metal Poisoning

Heavy metal poisoning such as chromium toxicity or cobalt toxicity may not immediately cause physical symptoms. However, the presence of heavy metals in the body can cause long-term damage. A build-up of Cobalt can cause nerve damages, thyroid problems, kidney failure, pulmonary syndrome, hemorrhage, skin problems and gastrointestinal distress. A build-up Chromium can elevate one’s cancer risk, cause reproductive problems, DNA mutations and can impair the liver.

What Concentration of Metal is Considered High?

DePuy Orthopedics, Inc. reports that 7 parts per billion of cobalt or chromium are high levels and should concern patients. The famous Mayo Clinic sets a different level. High Chromium levels are “blood serum concentrations greater than 1ng/mL in a patient with Cr-based implant suggest significant prosthesis wear.” Toxic levels of Cobalt are any levels greater than or equal to 5.0 ng/mL.Since metal can build up over time, any elevated level may cause concern. One should check with their doctor to verify what the actual numbers are.
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Seattle DePuy Hip Replacement Lawyer

Patients with the DePuy ASR XL hip implants that were implanted by orthopedic surgeons in Washington State between 2005 and 2010 should be aware that the statute of limitations is nearing. Patients with the defective hip implants are advised to seek the counsel of an attorney to protect their rights.

The ASR XL Acetabular hip implants were manufactured by DePuy Corporation, a subsidiary of the giant Johnson & Johnson. The ASR hip implants were manufactured using a metal-on-metal design which was found to have a high failure rate and injured many patients.

DePuy’s ASR XL implant system was implanted by Washington surgeons for use in total hip replacement surgeries between 2005 and until August, 2010. The hip implants were banned in some European countries and Australia long before DePuy Corporation removed them from the American marketplace and provided a warning to to orthopedic surgeons on August 24, 2010. The recall of the ASR XL hip implant system was reported in the media and the FDA issued warnings regarding its safety.

Washington law requires an injured party claiming damages from a harmful medical device product, such as the ASR XL, to file a lawsuit within three years from the date that the claimant discovered, or in the exercise of due diligence should have discovered, that the medical damages and harm suffered were caused by the device. An aggrieved patient suffering injury from the medical device must properly commence a lawsuit against its manufacturer within this three-year period or risk forever being barred from prosecuting the claim. The exact date that the three-year period begins to run for a given product is uncertain and will be determined based upon the specific facts involved in each case. Potential DePuy implant plaintiffs should be aware that the day before the three-year anniversary of the ASR XL’s recall is next month on August 23, 2013.

The statute of limitations does not run from the date the implant was used at surgery, but begins to run when the patient has sufficient knowledge that they have a defective implant and that it is probably causing them harm. The applicable statute requires the patient to use due diligence and to reasonably investigate the facts of their situation. Once a plaintiff knows that they have suffered harm from the product, they must file a lawsuit within three years.

During the five years that the ASR XL was in use, surgeons implanted approximately 93,000 implants in patients undergoing total hip replacement surgery. Approximately 1/3 of these implants were used in the United States.

There are currently more than 10,750 lawsuits pending against DePuy alleging that the implants were defective medical products and therefore subject to products liability claims by the receiving patients. The vast majority of the lawsuits are in federal court and centralized for pretrial matters in a multi-district litigation court in the Northern District of Ohio. A fewer number of cases have been filed in the state courts of California, Illinois, and New Jersey.

The first lawsuit tried against DePuy took place in Los Angeles, California in March of this year. The jury returned an $8.3 million verdict for the 64-year-old plaintiff who suffered tissue damage and kidney failure caused by the metal ions that had leached from the implant. In the second trial, which occurred in an Illinois state court in Chicago the following month, the jury sided with DePuy, finding that the plaintiff did not sufficiently prove that his medical injuries were caused by the defective implant instead of a pre-existing autoimmune disorder.

Trials are scheduled to start against DePuy in federal court this fall. Those involved in the litigation anticipate that after these cases are completed, DePuy and its parent corporation, Johnson & Johnson, will begin a process of systematically settling the filed cases.

The settlement amounts will be paid from a $3 billion reserve fund set aside by Johnson & Johnson and earmarked for this purpose. Because the implant lawsuits are not part of a class action, each individual settlement amount will be based upon the facts and merits of each separate claim.

Because both DePuy and Johnson & Johnson admit that approximately 50% of all of the ASR XL implants will fail within the first five years of their use, and other medical studies now project a failure rate of almost 90%, it is important for persons who have this implant to take steps now to protect their legal rights by commencing a lawsuit if they are having difficulties with the implant.
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