Product Liability

House of Raeford has announced that they are voluntarily recalling more than 4,100 pounds of a cooked chicken breast product due to possible bacterial contamination. After conducting an investigation, the U.S. Department of Agriculture’s Food Safety and Inspection Service said that the chicken may be contaminated with Listeria monocytogenes, which can lead to listeriosis, a potentially fatal disease. The product was distributed to delicatessens and food service facilities in Florida, Georgia, North Carolina and South Carolina for further processing.

Consumers and foodservice workers are cautioned to look for 18- to 22-pound boxes containing two 9- to 11-pound “BONELESS OVEN ROASTED CHICKEN BREAST” products. The recalled chicken will carry the establishment number “P-239A” inside the USDA inspection mark along with a product code of “94268″ and a package date of “1270″ (September 27, 2011).

Orlando personal injury lawyer James O. Cunningham is especially concerned about this food recall as listeriosis can be fatal to people with compromised immune systems, such as young children and senior citizens. Most people who ingest this bacterium suffer from unpleasant but manageable symptoms such as nausea, vomiting, diarrhea, cramping, fever, muscle aches and other flu-like symptoms.

In children and older adults, listeriosis can lead to deadly conditions such as septicemia and meningitis, which can quickly overwhelm their immune systems. Even if they aren’t fatal, these conditions can severely compromise their health, independence and quality of life. Mr. Cunningham urges anyone who may have purchased and/or eaten this product to contact the establishment where it was purchased. For more information, they can also contact their local health department.

When we buy a product of any kind, we have a right to expect that it is safe to use. Sadly, a cursory glance at any newspaper or news program on television will reveal that this is frequently not the case. Whether they know that their product is unsafe to use or not, manufacturers of defective products can be held liable for damages by anyone who has suffered due to the product. If you have been injured due to a defective product and you would like to speak with an Orlando personal injury attorney who has a proven record of success in product liability cases, call Mr. Cunningham today at 888-425-2004 or 407-425-2000 to schedule a free consultation.

Orlando personal injury attorney James O. Cunningham was alarmed to learn recently that CooperVision, manufacturer of the Avaira line of contact lens products, has expanded an August recall after customers complained of hazy vision, eye discomfort and severe pain. CooperVision’s expanded recall now affects 6.6 million pairs of Avaira Sphere lenses in addition to the previous recall of 600,000 Avaira Toric lenses last summer. CooperVision urges customers who bought and used either type of lens anytime in the last 12 months to check the lot number of the lenses and call 855-526-6737 to see if the lenses are part of the recall.

The lot numbers can be found on the back of the packaging as well as on individual blister packs containing the products. Customers can also enter the lot numbers into a field on their special recall page at http://www.coopervision.com/recall to see if their lenses are part of the recall. If customers find that their lenses are affected by the recall, they are urged to stop using them immediately and return them to the store or eye care specialist where they bought them, and they will be replaced with new lenses that are not part of the recall free of charge.

In an odd turn of events that defies the usual protocols for a product recall, CooperVision has elected not to release the lot numbers of the recalled lens products publicly. However, the manufacturer has given this information to eye care specialists who sell their products and is asking them to contact their customers directly. CooperVision has acknowledged that 4.9 million of the Avaira Sphere lenses have been shipped to customers around the world. They claim that an excess of silicone oil residue left on the lenses from the manufacturing process is causing the eye problems.

Thus far, it appears that no one has suffered any permanent damage or impaired eyesight from using the lenses. However, Mr. Cunningham would like to remind readers that the most recent recall was just announced, and with nearly five million pairs distributed throughout the world, it may be some time before the true scope of the eye problems is known. If a defective product has harmed you or a close family member and you want to learn more about your rights and legal options, call Mr. Cunningham today at 888-425-2004 or 407-425-2000. He has used his skills and experience as an Orlando personal injury lawyer to help injured people since 1977 and has a proven record of success in product liability cases. Call today!

Orlando personal injury attorney James O. Cunningham would like to alert Florida parents and grandparents about a recall that affects children’s swimwear due to a potential strangulation hazard. Build-A-Bear Workshop of St. Louis, in connection with the U.S. Consumer Product Safety Commission (CPSC) and Health Canada, has recently announced that their Swimwear Set With Inflatable Inner Tube is being voluntarily recalled and parents who own these garments should stop using them immediately. Any retailers who have this product on their shelves are ordered by the CPSC to remove this product immediately as it is illegal to resell or attempt to resell any recalled product.

Build-A-Bear Workshop reports that it has sold nearly 20,000 units of the Swimwear Set With Inflatable Inner Tube in the U.S. and 1,100 units in Canada. The manufacturer and the CPSC report that the inner tube accessory, which was designed to be a built-in flotation device, can be pulled over a child’s head and potentially strangle him or her. Build-A-Bear has received at least one report of an incident where a three-year-old girl pulled the inner tube over her head and had a great deal of difficulty removing it before she was found by a parent.

The recalled product is part of the three-piece Fruit Tutu Bikini swimwear set for teddy bears, and the inner tube is around nine inches in diameter and mostly pink decorated with white and yellow flowers. The recalled swimwear was sold through the manufacturer’s website and national retailers for around $12.50 and is model number 017220. Parents and grandparents can locate the model number on the “Build-A-Bear” cardboard tag that came with the product. Customers are urged to stop using the product immediately and return it to any Build-A-Bear Workshop store to receive a $5 store coupon. If there isn’t a store nearby, parents can contact the company for more information at (866) 236-5683 between 8 a.m. and 6 p.m. CT Monday through Friday or between 9 a.m. and 4 p.m. CT Saturday, or visit the company’s website at www.buildabear.com.

Defective products that are intended to be used by children are especially frightening as it only takes a moment’s inattention by a parent or guardian for a child’s life to be imperiled. If you are the parent or guardian of a child who has been injured by a defective product, you have a right to seek damages against the manufacturer whether it has been the subject of a recall or not and should seek the counsel of an experienced Orlando personal injury lawyer. Mr. Cunningham has been helping families receive the fair and just compensation they deserve since 1977 and is quite skilled in helping clients receive damages through negotiated settlements and court awards. For more information and to schedule a free consultation, call 888-425-2004 or 407-425-2000 today.

On September 29, the U.S. Consumer Product Safety Commission (CPSC) issued a recall for around 2,300 drop-side cribs in the United States, and Health Canada has recalled another 800 in Canada. The recall affects drop-side cribs made by Sherman Inc. due to risks of entrapment, suffocation and fall hazards. The CPSC advises anyone who owns one of these cribs to stop using it immediately as the drop-side rail hardware used in construction of the cribs can break or fail, allowing the drop-side to become detached from the crib. If this occurs, a dangerous gap is created between the drop-side and the mattress, potentially trapping and hurting or suffocating an infant.

Some infants have also fallen out of these cribs after the drop-side hardware has failed due to incorrect assembly or everyday wear and tear caused by raising and lowering the drop-side. The CPSC reports on their site that:

“This recall involves wooden drop-side cribs with hidden drop-side hardware. The cribs were sold in various colors. Model numbers 202647, 211047 and 272547 are included in this recall. The cribs were sold separately and as part of the ‘City Lights,’ ‘Fairy Tales’ and ‘Dormez Vous’ furniture collections. ‘Shermag’ is printed on a tag on the mattress springs. The model numbers can be found on stickers and warning labels on the crib’s headboard or footboard.”

Anyone who owns one of these cribs can contact Shermag to receive a free repair kit that reportedly prevents the drop-side from dropping unexpectedly. For more information about the crib recall, owners can contact Shermag at (800) 567-3419 between 8 a.m. and 4 p.m. ET Monday through Friday, or visit http://www.shermag.com.

We expect products to be designed and constructed so that they are safe to use. We especially expect products designed for children to be over-engineered so that they pose no risk to a child’s health and life. Sadly, as this and other crib recalls in recent years have shown, these expectations are not always rewarded with sturdy products that are safe to use. When a product of any kind injures a child, parents have a right to seek damages against the manufacturer, distributor and retailers that sold the product.

If a defective product has injured your child and you want to speak with an Orlando personal injury lawyer, call James O. Cunningham today at 888-425-2004 or 407-425-2000 to schedule a free consultation. Mr. Cunningham has a proven record of success in product liability cases and has extensive experience helping parents receive damages through negotiated settlements or court awards. If you have questions about Florida product liability laws and your rights as a consumer, call today to get an aggressive Orlando product liability attorney on your side!

In another news item that will come as no surprise to Florida residents or Orlando personal injury attorney James O. Cunningham, the federal government reports that it has received a surge of complaints in recent months about failed hip replacement devices. Researchers are still studying the dangers of some models of artificial hip devices, particularly metal-on-metal types, but early indications suggest persistent and very serious health consequences in association with faulty artificial hips. The Food and Drug Administration has reportedly received more than 5,000 complaints about metal-on-metal hips since January, more than the FDA has received about hip devices in the previous four years combined.

This suggests what other studies of metal-on-metal artificial hips have found – that these types of devices begin to deteriorate soon after they are implanted and that the deterioration accelerates over time. Most hip replacement devices are designed to last 15 or more years without needing to be replaced. However, some experts are predicting that these devices will become the largest and most expensive medical implant problem in history. As the devices deteriorate, tiny particles of cobalt and chromium break off and enter the surrounding tissue, causing severe pain and reduced mobility and possibly entering the bloodstream where they can cause life-threatening health problems.

Until recently, metal-on-metal replacement hips accounted for around one-third of the approximately 250,000 replacement devices surgically implanted each year. As many as 500,000 people have had a metal-on-metal hip implanted. Johnson & Johnson’s Articular Surface Replacement, a hip replacement device that was recalled last year for similar problems, has been the target of 75 percent of the complaints received by the FDA.

One unfortunate 50-year-old woman from Delaware had both hips replaced with metal-on-metal hip devices at the same time and began experiencing sharp pain, persistent rashes and inflammation shortly after implantation. She had both devices replaced with different implants, but tissue damage from metal fragments from the deteriorating devices has sharply reduced her mobility and independence. She now needs a brace to walk and can no longer work to support herself.

Are you or a close family member experiencing problems from a metal-on-metal hip implant? If so, you may be able to seek damages against the manufacturer and others for making and selling a defective product. Product liability cases can be challenging, as manufacturers spare no expense to discredit litigation against them. That’s one of many reasons why you need experienced Orlando personal injury lawyer James O. Cunningham by your side to guide you through this ordeal and help you receive the fair and just compensation you deserve. Call 407-425-2000 or 888-425-2004 today to schedule a free consultation to discuss your case and get an aggressive, experienced Florida product liability lawyer on your side.

Public Citizen, a national consumer advocacy group, is urging the Food and Drug Administration to issue a recall for a surgical product designed to help women with a common condition called pelvic organ prolapse. The FDA issued a warning about the product in July, and Public Citizen urges stronger action because the mesh device exposes patients to serious health risks and “the potential for permanent life-altering harm.” On average, around 300,000 women have surgery to correct pelvic organ prolapse, which happens when the muscles holding the bladder, bowel and uterus in place are weakened or stretched and these organs drop into the vagina.

According to Public Citizen, in 2010, around 75,000 surgical procedures to correct this condition used the mesh device, which has resulted in some women experiencing infections, severe discomfort, urinary problems and perforations of the bowel, bladder and blood vessels. Some patients have experienced incontinence and recurrences of the prolapse, resulting in additional surgery to remove the mesh that had eroded the vaginal wall. Dr. L. Lewis Wall of Washington University in St. Louis and Dr. Daniel Elliott of the Mayo Clinic have joined Public Citizen’s petition for a recall of the mesh device.

“The end result [of using the mesh] is oftentimes physically and psychologically devastating for the unsuspecting patient,” Elliott wrote in a letter to the FDA.

Dr. Michael Carome of Public Citizen said the mesh treatment “needlessly exposes patients to a wide array of serious risks…Even the FDA seriously questions the safety and effectiveness of these mesh products.”

The FDA is notoriously slow in removing dangerous and/or defective medical devices from the market. Although the FDA has issued more than 30 recalls of medical devices since the first of the year, that is only a fraction of the potentially dangerous products that are brought to the agency’s attention each year for review and recall. If you are a prolapse patient who has had a mesh device implanted and you are experiencing problems, consult your physician as quickly as practical. If a mesh device has adversely affected your health and quality of life and you want to learn more about your rights and Florida product liability laws, call 888-425-2004 or 407-425-2000 to schedule a free consultation with Orlando personal injury lawyer James O. Cunningham. He has a proven record of success helping patients receive the compensation they deserve through settlements and court awards. Call today to get an experienced Orlando personal injury attorney on your side.

Nine people were injured recently in a July 1 single-vehicle accident on Interstate 4 near mile marker 57 near ChampionsGate golf course. Florida Highway Patrol officers say that a 2000 Ford Excursion was traveling eastbound on I-4 at the posted speed limit when one of the right tires burst, causing the large SUV to rotate counterclockwise and into the median. The SUV then rolled and came to a stop on top of a guardrail. Emergency response personnel closed all lanes of I-4 in both directions to render assistance, and traffic was reportedly backed up more than ten miles.
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Orlando personal injury attorney James O. Cunningham is very concerned about a new Florida law that limits injured people’s rights in product liability cases. On June 23, Governor Rick Scott signed a bill into law that will allow jurors in a product liability case to consider the cause of the accident that led to the case. This new law has potentially devastating effects on people injured in accidents caused by defective automobiles. Previous Florida product liability laws gave injured people greater freedom in pursuing damages against the manufacturers of defective products by limiting companies’ ability to protect themselves.
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Many automakers have come under fire in recent years due to safety defects, but the latest recall involving Mazda cars is something no automotive designer or manufacturer could have anticipated. Mazda has announced a recall for thousands of its vehicles because of a fuel line problem that could result in potentially dangerous cracks and leaks. The recall involves a spider species and its fondness for the smell of gasoline. The Yellow Sac spider, a species common here in the U.S., likes the smell of gasoline so much that it builds its webs in the emission systems of automobiles. The design of the fuel system in Mazda6 vehicles allows these gas-loving spiders to crawl in and build webs, which can lead to a restriction in the vent line that can cause the emission control system to increase pressure in the fuel tank.
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Nestle Prepared Foods has announced a recall after receiving reports of plastic particles found in their Lean Cuisine Simple Favorites, Spaghetti with Meatballs product. Nestle is recalling 10,260 pounds of the product after receiving complaints from buyers in three different states about pieces of hard plastic found in the food. Inspectors with the U.S. Department of Agriculture’s Food and Inspection Services also found chunks of plastic in Nestle’s Lean Cuisine Simple Favorites, Spaghetti with Meatballs product. They reported that the tainted food appears to have been sold in states west of the Rocky Mountains.
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