Plaintiff incurs traumatic brain injury, neck spasms drop foot, pain syndrome
On Dec. 29, 2011, plaintiff was driving westbound on Walnut Lake Road in West Bloomfield Township. Defendant was driving a GMC van — with permission and consent of its owner, northbound on Middlebelt Road.
At the intersection of Walnut Lake and Middlebelt, defendant ran the red light and crashed into plaintiffs vehicle. At the scene, defendant admitted to plaintiff and the officer that he was at fault, as he had been texting on his cellphone.
Plaintiff initially refused medical treatment at the scene, but over the next few days she experienced head, neck and lower back pain. On Jan. 3, 2012, she was examined by a physical medicine and rehabilitation specialist. He diagnosed her with neck spasms, minor traumatic brain injury, drop foot, exacerbation of lower back pain condition and chronic pain syndrome.
Defendants argued that there was no proximate cause and that plaintiffs injuries did not constitute serious impairment of body function.
Type of action: Third-party no-fault
Type of injuries: Neck spasms, minor traumatic brain injury, drop foot, exacerbation of lower back pain condition, chronic pain syndrome
Court/Case no./Date: Oakland County Circuit Court; 12-128835-NI; Sept. 13, 2013
Verdict amount: $1,143,795
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Tuesday, December 10, 2013
Viking Recalls Built-In Side-by-Side Refrigerator Freezers with In-Door Dispensers Due to Fire Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: November 19, 2013
Recall number: 14-023
Recall Summary
Name of product:
Viking built-in side-by-side refrigerator freezers with in-door dispensers
Hazard:
Electrical connectors in the refrigerator freezer wiring harness can overheat, posing a fire hazard.
Remedy:
View Details
Repair
Consumer Contact:
Viking toll-free at (877) 266-1086 from 8 a.m. to 5 p.m. ET Monday through Friday, or online at www.vikingrange.com and click on Safety Recall Information on the bottom right side of the page.
From the CPSC
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Recall date: November 19, 2013
Recall number: 14-023
Recall Summary
Name of product:
Viking built-in side-by-side refrigerator freezers with in-door dispensers
Hazard:
Electrical connectors in the refrigerator freezer wiring harness can overheat, posing a fire hazard.
Remedy:
View Details
Repair
Consumer Contact:
Viking toll-free at (877) 266-1086 from 8 a.m. to 5 p.m. ET Monday through Friday, or online at www.vikingrange.com and click on Safety Recall Information on the bottom right side of the page.
From the CPSC
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Thursday, December 5, 2013
$250,000 Settlement: Plaintiff seeks damages from two crashes
Defense claims symptoms are a natural progression of his prior back problems
On Dec. 18, 2009, defendant negligently drove an uninsured vehicle into the driver’s side front panel of plaintiff John Doe’s vehicle, forcing him into the guardrail. Doe’s car was totaled, and he suffered a torn scapholunate ligament in his left wrist, which cannot be repaired surgically; aggravation of a pre-existing back condition; a possible disc herniation of L4-L5; and aggravation of his pre-existing cervical symptoms.
Doe missed a total of 211 hours of work as a result of injuries from the accident, and defendant Insurance Company did not pay his $2,794.27 wage loss or his noneconomic damages
On May 14, 2010, Doe was stopped at a red light, when uninsured defendant ran his pickup truck into the rear of Doe’s vehicle. As a result of this crash, Doe suffered injuries, including aggravations of: his prior low back condition; his prior radicular pain, to the point where he was unable to sit, stand, walk or do anything for a sustained amount of time; his pre-existing disc bulge above L4, with nerve compression; and his underlying neck condition, which resulted in increased pain.
As a result of the second crash, Doe missed substantial additional work time. Two defense medical evaluations determined that Doe could return to work, but by then he had been terminated by his employer for missing work.
Plaintiff argued that defendant owed additional wage loss of approximately $42,000 through three years from the date of the May 2010 crash, in addition to out-of-pocket medical expenses, mileage, and noneconomic damages for pain and suffering, mental anguish and decreased enjoyment of life.
Defendants’ medical experts argued that plaintiff’s symptoms are a natural progression of his prior significant back problems, and a defense radiologist disputed plaintiff’s claim that his condition was aggravated by each of the crashes.
Defendants also contended that the second crash was less severe than the first because there was minor damage to plaintiff’s vehicle.
At mediation, a settlement was reached for $97,000 in uninsured motorist benefits for the December 2009 crash; $97,000 in uninsured motorist benefits for the May 2010 accident; and $56,000 in unpaid wage loss, mileage and medical bills not covered by plaintiff’s health insurance, for both crashes.
Type of action: First-party no-fault, uninsured motorist
Type of injuries: Torn ligament in left wrist, aggravation of pre-existing back condition and cervical symptoms
Court/Case no./Date: Washtenaw County Circuit Court; 11-1103-NI; April 17, 2013
Settlement amount: $250,000
Special damages: $56,000 wage loss
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On Dec. 18, 2009, defendant negligently drove an uninsured vehicle into the driver’s side front panel of plaintiff John Doe’s vehicle, forcing him into the guardrail. Doe’s car was totaled, and he suffered a torn scapholunate ligament in his left wrist, which cannot be repaired surgically; aggravation of a pre-existing back condition; a possible disc herniation of L4-L5; and aggravation of his pre-existing cervical symptoms.
Doe missed a total of 211 hours of work as a result of injuries from the accident, and defendant Insurance Company did not pay his $2,794.27 wage loss or his noneconomic damages
On May 14, 2010, Doe was stopped at a red light, when uninsured defendant ran his pickup truck into the rear of Doe’s vehicle. As a result of this crash, Doe suffered injuries, including aggravations of: his prior low back condition; his prior radicular pain, to the point where he was unable to sit, stand, walk or do anything for a sustained amount of time; his pre-existing disc bulge above L4, with nerve compression; and his underlying neck condition, which resulted in increased pain.
As a result of the second crash, Doe missed substantial additional work time. Two defense medical evaluations determined that Doe could return to work, but by then he had been terminated by his employer for missing work.
Plaintiff argued that defendant owed additional wage loss of approximately $42,000 through three years from the date of the May 2010 crash, in addition to out-of-pocket medical expenses, mileage, and noneconomic damages for pain and suffering, mental anguish and decreased enjoyment of life.
Defendants’ medical experts argued that plaintiff’s symptoms are a natural progression of his prior significant back problems, and a defense radiologist disputed plaintiff’s claim that his condition was aggravated by each of the crashes.
Defendants also contended that the second crash was less severe than the first because there was minor damage to plaintiff’s vehicle.
At mediation, a settlement was reached for $97,000 in uninsured motorist benefits for the December 2009 crash; $97,000 in uninsured motorist benefits for the May 2010 accident; and $56,000 in unpaid wage loss, mileage and medical bills not covered by plaintiff’s health insurance, for both crashes.
Type of action: First-party no-fault, uninsured motorist
Type of injuries: Torn ligament in left wrist, aggravation of pre-existing back condition and cervical symptoms
Court/Case no./Date: Washtenaw County Circuit Court; 11-1103-NI; April 17, 2013
Settlement amount: $250,000
Special damages: $56,000 wage loss
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Nantucket Distributing Recalls Clay Bowl Outdoor Fireplaces Due to Impact and Burn Hazards
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: November 14, 2013
Recall number: 14-022
Recall Summary
Name of product:
Clay Bowl Outdoor Fireplaces
Hazard:
When fire is lit, pieces of the clay fireplace bowl can blow off of the bowl posing impact and burn hazards
Remedy:
View Details
Refund
Consumer Contact:
Christmas Tree Shops toll-free at (888) 287-3232 any time, or online at www.christmastreeshops.com and go to the “Product Recalls” link at the bottom of the homepage for more information.
From the CPSC
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Recall date: November 14, 2013
Recall number: 14-022
Recall Summary
Name of product:
Clay Bowl Outdoor Fireplaces
Hazard:
When fire is lit, pieces of the clay fireplace bowl can blow off of the bowl posing impact and burn hazards
Remedy:
View Details
Refund
Consumer Contact:
Christmas Tree Shops toll-free at (888) 287-3232 any time, or online at www.christmastreeshops.com and go to the “Product Recalls” link at the bottom of the homepage for more information.
From the CPSC
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Tuesday, December 3, 2013
$1.825 million Settlement: Man helping driver in ravine hit by car on slick road
Plaintiff says defendant drove too fast for existing conditions; case settles
On a cold winter evening, plaintiff pedestrian went to the aid of a disabled motorist whose vehicle had slid off the roadway into a ravine. The road surface was slick because of freezing rain.
As plaintiff offered assistance, defendant driver came up the exit ramp at too great a speed for existing road conditions, and careened off the roadway. The car made impact with plaintiff, pinning him against the disabled motorist’s vehicle. Plaintiff suffered a fractured leg and a concussion that was ultimately diagnosed as a mild traumatic brain injury.
During the course of discovery, defendant and his employer, through counsel, argued that the crash was unavoidable because of inclement weather conditions. It was further contended that this constituted a sudden emergency, depriving plaintiff of the ability to prove actionable negligence against them.
The defendant vehicle operator denied liability even though he had pleaded no contest to a traffic ticket for speeding, and had paid the fine.
During discovery, plaintiff’s counsel moved aggressively to file successful motions to strike defendants’ multiple notices of non-party fault. Plaintiff counsel also took numerous discovery depositions that were designed to deprive defendants from having factual support for their numerous affirmative defenses.
Plaintiff’s treating physicians asserted that plaintiff’s working capacity was permanently diminished due not only to his lack of mobility, but also because of his changed personality, which was attributable to post-traumatic stress disorder.
Defendants’ examining physicians contended that plaintiff’s psychiatric disability was attributable to his pre-existing mental state and that, in any event, plaintiff should be able to perform gainful employment, albeit not in the same industry (sales) as previously.
The matter settled for $1.825 million prior to trial.
Type of action: Third-party tort liability
Type of injuries: Leg fracture and mild traumatic brain injury leading to chronic depression
Name of case: Confidential
Court/Case no./Date: Confidential; Confidential; Jan. 18, 2013
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On a cold winter evening, plaintiff pedestrian went to the aid of a disabled motorist whose vehicle had slid off the roadway into a ravine. The road surface was slick because of freezing rain.
As plaintiff offered assistance, defendant driver came up the exit ramp at too great a speed for existing road conditions, and careened off the roadway. The car made impact with plaintiff, pinning him against the disabled motorist’s vehicle. Plaintiff suffered a fractured leg and a concussion that was ultimately diagnosed as a mild traumatic brain injury.
During the course of discovery, defendant and his employer, through counsel, argued that the crash was unavoidable because of inclement weather conditions. It was further contended that this constituted a sudden emergency, depriving plaintiff of the ability to prove actionable negligence against them.
The defendant vehicle operator denied liability even though he had pleaded no contest to a traffic ticket for speeding, and had paid the fine.
During discovery, plaintiff’s counsel moved aggressively to file successful motions to strike defendants’ multiple notices of non-party fault. Plaintiff counsel also took numerous discovery depositions that were designed to deprive defendants from having factual support for their numerous affirmative defenses.
Plaintiff’s treating physicians asserted that plaintiff’s working capacity was permanently diminished due not only to his lack of mobility, but also because of his changed personality, which was attributable to post-traumatic stress disorder.
Defendants’ examining physicians contended that plaintiff’s psychiatric disability was attributable to his pre-existing mental state and that, in any event, plaintiff should be able to perform gainful employment, albeit not in the same industry (sales) as previously.
The matter settled for $1.825 million prior to trial.
Type of action: Third-party tort liability
Type of injuries: Leg fracture and mild traumatic brain injury leading to chronic depression
Name of case: Confidential
Court/Case no./Date: Confidential; Confidential; Jan. 18, 2013
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Step2 Recalls Ride-On Wagon Toys Due to Fall Hazard; Sold Exclusively at Toys R Us
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: November 13, 2013
Recall number: 14-020
Recall Summary
Name of product:
Step2® Whisper Ride Touring Wagon™
Hazard:
The removable blue seat backs can detach and allow the child in the wagon to fall out, posing a fall hazard.
Remedy:
View Details
Repair
Consumer Contact:
Contact Step2 toll-free at (866) 860-1887 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website at www.step2.com and click on “Product Recall” for more information.
From the CPSC
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Recall date: November 13, 2013
Recall number: 14-020
Recall Summary
Name of product:
Step2® Whisper Ride Touring Wagon™
Hazard:
The removable blue seat backs can detach and allow the child in the wagon to fall out, posing a fall hazard.
Remedy:
View Details
Repair
Consumer Contact:
Contact Step2 toll-free at (866) 860-1887 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website at www.step2.com and click on “Product Recall” for more information.
From the CPSC
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Monday, November 25, 2013
$2.5 million Settlement: Spinal conditions disputed as pre-existing
Defense says low-speed, low-impact accident could not have caused injuries
In a third-party auto negligence lawsuit, plaintiff driver sought compensatory damages from defendants for injuries sustained in an intersection accident.
The accident resulted in relatively minor damage to plaintiff’s SUV and to the defendants’ semi-truck.
Defendants disputed fault for the accident and argued that all of the plaintiff’s injuries were pre-existing. The defense further argued that this low-speed, low-impact accident that resulted in minor vehicle damage could not have caused the injuries, which, if anything, were minor.
Plaintiff was 38 years old at the time of the accident and underwent two spinal surgeries in the years thereafter.
The matter settled for $2.5 million.
Type of action: Third-party auto negligence
Type of injuries: Spinal injuries, herniated discs, cervical and lumber spine
Court/Case no./Date: Confidential; Confidential; Sept. 10, 2013
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In a third-party auto negligence lawsuit, plaintiff driver sought compensatory damages from defendants for injuries sustained in an intersection accident.
The accident resulted in relatively minor damage to plaintiff’s SUV and to the defendants’ semi-truck.
Defendants disputed fault for the accident and argued that all of the plaintiff’s injuries were pre-existing. The defense further argued that this low-speed, low-impact accident that resulted in minor vehicle damage could not have caused the injuries, which, if anything, were minor.
Plaintiff was 38 years old at the time of the accident and underwent two spinal surgeries in the years thereafter.
The matter settled for $2.5 million.
Type of action: Third-party auto negligence
Type of injuries: Spinal injuries, herniated discs, cervical and lumber spine
Court/Case no./Date: Confidential; Confidential; Sept. 10, 2013
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Dream On Me Recalls Cradle Gliders Due to Infant Fall Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: November 13, 2013
Recall number: 14-019
Recall Summary
Name of product:
Lullaby Cradle Glider
Hazard:
The mattress support board can fall out or slide out of the bottom of the cradle glider posing a risk that babies can fall out and suffer injuries.
Remedy:
View Details
Repair
Consumer Contact:
Dream On Me toll-free at (877) 201-4317 from 9 a.m. to 5 p.m. ET Monday through Thursday and 8 a.m. to 4 p.m. Friday or online at www.dreamonme.com and click on the Recalls tab for more information.
From the CPSC
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Recall date: November 13, 2013
Recall number: 14-019
Recall Summary
Name of product:
Lullaby Cradle Glider
Hazard:
The mattress support board can fall out or slide out of the bottom of the cradle glider posing a risk that babies can fall out and suffer injuries.
Remedy:
View Details
Repair
Consumer Contact:
Dream On Me toll-free at (877) 201-4317 from 9 a.m. to 5 p.m. ET Monday through Thursday and 8 a.m. to 4 p.m. Friday or online at www.dreamonme.com and click on the Recalls tab for more information.
From the CPSC
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Friday, November 22, 2013
“Stand By Your Pan”: Cook Safely This Thanksgiving to Prevent Kitchen Fires
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) is alerting consumers that the threat
of fires in the kitchen triples on Thanksgiving Day. From 2009 through
2011, there was an average of about 1,300 cooking fires on Thanksgiving
Day. This is more than three times the average daily rate from 2009
through 2011 of about 400 cooking fires a day.
“As fire safety experts have said for years, ‘Stand by your pan!’” said CPSC Chairman Inez Tenenbaum. “If you are frying, grilling or broiling food, stay in the kitchen. Not following this advice can be a recipe for disaster on Thanksgiving and throughout the year.” When it comes to fires in the home, cooking fires are number one. They accounted for nearly 150,000 fires (more than 40 percent of all annual unintentional residential fires) each year from 2009 through 2011. Unattended cooking is the top cause of cooking fires. Cooking fires also caused the most home fire-related injuries, with an estimated annual average of nearly 27 percent, or 3,450 injuries each year.
Overall, CPSC estimates an average of 362,300 unintentional
residential fires, 2,260 deaths, 12,820 injuries and nearly $7 billion
in property damage attended by the fire service occurring each year
between 2009 and 2011.
To stay safe in the kitchen, avoid wearing loose-fitting clothing with long sleeves near ranges or ovens, watch children closely so they don’t come into contact with cooking food or hot stovetops, turn pan handles toward the back of the stove to prevent kids and others from spilling a pan’s scalding contents onto themselves.
In the event of a fire, call
911. Cover a pan with a lid to smother the flames. Never pour water or
flour on a fire. That can make it worse. Keep a fire extinguisher in the
kitchen.
“Turkey fryer fires can be explosive and result in serious burns,” said Glenn Gaines, Deputy U.S. Fire Administrator for the United States Fire Administration (USFA). “Only use a turkey fryer outside and away from your home. Never use it in a garage or on a porch. Don’t overfill the oil or leave the turkey fryer unattended.”
Since 2003, there have been more than 125 turkey fryer-related fires, burns, explosions, smoke inhalations, or laceration incidents reported to CPSC staff. There were 55 injuries among these incidents, but none were fatal. For the incidents reporting a dollar value for the property loss, the total loss reported was around $6 million. Additional incidents involving turkey fryers may have occurred that were not reported to CPSC.
Consumers should also protect themselves by installing smoke alarms in their homes. “Roughly three out of five home fire deaths happen in homes with no smoke alarms or no working smoke alarms,” said Jim Shannon, President of the National Fire Protection Association. “Smoke alarms save lives. Having a working smoke alarm cuts the chances of dying in a fire in half.”
Change the batteries in smoke alarms at least once every year and test the alarms every month to make sure they are working.
To provide a better warning of a fire and more escape time, install more than one alarm and interconnect all smoke alarms in the home. Interconnected alarms speak to one another, so if there is a fire in one part of the house, the interconnected alarms sound throughout the house and alert consumers to the fire more quickly.
For the best protection, install alarms on every level of the home, outside sleeping areas and inside each bedroom, and use both ionization and photoelectric alarms. Alarms that are powered by house wiring should have a battery backup.
Smoke alarms provide the warning, but every family should have a fire escape plan as well. Practice the escape plan with everyone in the house so they can get out quickly. The escape plan should include two ways out of each room (as practical) and a family meeting place that is outside where everyone can meet if there is a fire in the home.
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products under the agency’s jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to help ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals -– contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.
Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.
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“As fire safety experts have said for years, ‘Stand by your pan!’” said CPSC Chairman Inez Tenenbaum. “If you are frying, grilling or broiling food, stay in the kitchen. Not following this advice can be a recipe for disaster on Thanksgiving and throughout the year.” When it comes to fires in the home, cooking fires are number one. They accounted for nearly 150,000 fires (more than 40 percent of all annual unintentional residential fires) each year from 2009 through 2011. Unattended cooking is the top cause of cooking fires. Cooking fires also caused the most home fire-related injuries, with an estimated annual average of nearly 27 percent, or 3,450 injuries each year.
To stay safe in the kitchen, avoid wearing loose-fitting clothing with long sleeves near ranges or ovens, watch children closely so they don’t come into contact with cooking food or hot stovetops, turn pan handles toward the back of the stove to prevent kids and others from spilling a pan’s scalding contents onto themselves.
“Turkey fryer fires can be explosive and result in serious burns,” said Glenn Gaines, Deputy U.S. Fire Administrator for the United States Fire Administration (USFA). “Only use a turkey fryer outside and away from your home. Never use it in a garage or on a porch. Don’t overfill the oil or leave the turkey fryer unattended.”
Since 2003, there have been more than 125 turkey fryer-related fires, burns, explosions, smoke inhalations, or laceration incidents reported to CPSC staff. There were 55 injuries among these incidents, but none were fatal. For the incidents reporting a dollar value for the property loss, the total loss reported was around $6 million. Additional incidents involving turkey fryers may have occurred that were not reported to CPSC.
Consumers should also protect themselves by installing smoke alarms in their homes. “Roughly three out of five home fire deaths happen in homes with no smoke alarms or no working smoke alarms,” said Jim Shannon, President of the National Fire Protection Association. “Smoke alarms save lives. Having a working smoke alarm cuts the chances of dying in a fire in half.”
Change the batteries in smoke alarms at least once every year and test the alarms every month to make sure they are working.
To provide a better warning of a fire and more escape time, install more than one alarm and interconnect all smoke alarms in the home. Interconnected alarms speak to one another, so if there is a fire in one part of the house, the interconnected alarms sound throughout the house and alert consumers to the fire more quickly.
For the best protection, install alarms on every level of the home, outside sleeping areas and inside each bedroom, and use both ionization and photoelectric alarms. Alarms that are powered by house wiring should have a battery backup.
Smoke alarms provide the warning, but every family should have a fire escape plan as well. Practice the escape plan with everyone in the house so they can get out quickly. The escape plan should include two ways out of each room (as practical) and a family meeting place that is outside where everyone can meet if there is a fire in the home.
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products under the agency’s jurisdiction. Deaths, injuries, and property damage from consumer product incidents cost the nation more than $1 trillion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to help ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals -– contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 40 years.
Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.
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$1.3 million Settlement: Motorcyclist hit, killed in highway exit collision
Plaintiff says driver who had diabetic seizure had chances to stop earlier
In a wrongful death action plaintiff sought compensatory damages from defendants.
On June 25, 2012, defendant was working in the scope of his employment. He was driving a van on eastbound Interstate 94 in Kalamazoo County when he began driving erratically.
He got off the highway at the Portage Road exit, where he collided with the vehicle in front of him. That vehicle, in turn, hit plaintiff motorcyclist who was killed instantly.
The police arrived and performed an investigation. Officials stated that Smith had suffered a diabetic seizure, causing him essentially to lose consciousness prior to the collision.
Defendants argued that a sudden emergency caused the accident.
Plaintiff’s accident reconstruction expert mapped out how many minutes defendant had been on the road when he first started having symptoms of an impending diabetic seizure. The report noted that defendant could have gotten off the highway sooner at the available exits before Portage Road, and that other evasive measures could have been taken to avoid the accident.
The matter settled in Kalamazoo County Circuit Court for $1.3 million.
Type of action: Wrongful death
Type of injuries: Death, loss of companionship and society
Court/Case no./Date: Kalamazoo County Circuit Court; 12-0649-NI; Jan. 11, 2013
Settlement amount: $1.3 million
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In a wrongful death action plaintiff sought compensatory damages from defendants.
On June 25, 2012, defendant was working in the scope of his employment. He was driving a van on eastbound Interstate 94 in Kalamazoo County when he began driving erratically.
He got off the highway at the Portage Road exit, where he collided with the vehicle in front of him. That vehicle, in turn, hit plaintiff motorcyclist who was killed instantly.
The police arrived and performed an investigation. Officials stated that Smith had suffered a diabetic seizure, causing him essentially to lose consciousness prior to the collision.
Defendants argued that a sudden emergency caused the accident.
Plaintiff’s accident reconstruction expert mapped out how many minutes defendant had been on the road when he first started having symptoms of an impending diabetic seizure. The report noted that defendant could have gotten off the highway sooner at the available exits before Portage Road, and that other evasive measures could have been taken to avoid the accident.
The matter settled in Kalamazoo County Circuit Court for $1.3 million.
Type of action: Wrongful death
Type of injuries: Death, loss of companionship and society
Court/Case no./Date: Kalamazoo County Circuit Court; 12-0649-NI; Jan. 11, 2013
Settlement amount: $1.3 million
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LED Candelabra Lights Recalled by Infinity Green Products Due to Fire Hazard (Recall Alert)
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: November 05, 2013
Recall number: 14-702
Recall Summary
Name of product:
Candelabra LED Bulbs
Hazard:
The bulbs can overheat and catch fire, posing a fire hazard.
Remedy:
View Details
Refund
Consumer Contact:
Infinity Green Products toll-free at (855) 376-3260 from 10 a.m. to 4 p.m. PT Monday through Friday or online at www.infinitygreenproducts.com and click on Recall for more information.
From the CPSC
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Recall date: November 05, 2013
Recall number: 14-702
Recall Summary
Name of product:
Candelabra LED Bulbs
Hazard:
The bulbs can overheat and catch fire, posing a fire hazard.
Remedy:
View Details
Refund
Consumer Contact:
Infinity Green Products toll-free at (855) 376-3260 from 10 a.m. to 4 p.m. PT Monday through Friday or online at www.infinitygreenproducts.com and click on Recall for more information.
From the CPSC
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Thursday, November 21, 2013
$925,000 Settlement: Woman fractures hip, Amputation of right leg in crash
On July 9, 2012, at approximately 3 p.m. plaintiff female driver was traveling on a busy road, approaching an intersection. The weather was clear, the roads were dry, and she was only about two miles from her home.
Defendant female driver was traveling eastbound on the same road, and as she approached the intersection, she realized that she missed her turn. In an effort to turn around, defendant began to make a left-hand turn, but failed to yield, turning directly in front of plaintiff’s vehicle. The two cars collided head on.
Plaintiff was trapped in her vehicle. First responders arrived at the scene of the crash and had to extricate plaintiff before she could be airlifted to University of Michigan Hospital in Ann Arbor.
There, her right leg was amputated and she underwent surgery to replace a fractured left hip. She continues to suffer from a foot drop that requires a brace.
Prior to the accident, plaintiff, a senior citizen, lived independently in a large white farmhouse situated on 75 acres. She drove her own car, shopped for her own groceries, and even mowed her expansive lawn and was otherwise self-sufficient.
Defendant admitted liability, leaving only the extent of plaintiff’s damages to be determined.
The matter settled for $925,000.
Type of action: Auto negligence
Type of injuries: Amputation of right leg, replacement of fractured left hip, extensive pain and suffering
Court/Case no./Date: Confidential; confidential; July 30, 2013
Settlement amount: $925,000
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Defendant female driver was traveling eastbound on the same road, and as she approached the intersection, she realized that she missed her turn. In an effort to turn around, defendant began to make a left-hand turn, but failed to yield, turning directly in front of plaintiff’s vehicle. The two cars collided head on.
Plaintiff was trapped in her vehicle. First responders arrived at the scene of the crash and had to extricate plaintiff before she could be airlifted to University of Michigan Hospital in Ann Arbor.
There, her right leg was amputated and she underwent surgery to replace a fractured left hip. She continues to suffer from a foot drop that requires a brace.
Prior to the accident, plaintiff, a senior citizen, lived independently in a large white farmhouse situated on 75 acres. She drove her own car, shopped for her own groceries, and even mowed her expansive lawn and was otherwise self-sufficient.
Defendant admitted liability, leaving only the extent of plaintiff’s damages to be determined.
The matter settled for $925,000.
Type of action: Auto negligence
Type of injuries: Amputation of right leg, replacement of fractured left hip, extensive pain and suffering
Court/Case no./Date: Confidential; confidential; July 30, 2013
Settlement amount: $925,000
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One World Technologies Recalls Ryobi Battery Chargers Due to Fire and Burn Hazards
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: November 05, 2013
Recall number: 14-014
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Recall Summary
Name of product:
Ryobi P113 Dual Chemistry Battery Chargers
Hazard:
The chargers can malfunction, posing fire and burn hazards to consumers.
Remedy:
View Details
Replace
Consumer Contact:
One World Technologies toll-free at (800) 597-9624 from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.ryobitools.com and click on Important Safety Information at the bottom of the page for more information.
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Recall date: November 05, 2013
Recall number: 14-014
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Recall Summary
Name of product:
Ryobi P113 Dual Chemistry Battery Chargers
Hazard:
The chargers can malfunction, posing fire and burn hazards to consumers.
Remedy:
View Details
Replace
Consumer Contact:
One World Technologies toll-free at (800) 597-9624 from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.ryobitools.com and click on Important Safety Information at the bottom of the page for more information.
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Wednesday, November 13, 2013
$4 million Settlement: Bicyclist suffers traumatic brain injury in truck accident
Defendant argues plaintiff did not have immediate family, wasn’t naturalized
Plaintiff, a 54-year-old non-U.S. citizen, was riding his bicycle on the gravel shoulder portion of a rural Michigan roadway. Defendant truck driver veered to the right, off the roadway, and onto the gravel shoulder portion of the roadway, colliding with plaintiff’s bicycle and knocking him to the ground.
The accident caused a traumatic brain injury, resulting in the necessity for multiple surgical interventions. Plaintiff was subsequently placed into a brain injury facility where he remains as an in-patient, undergoing occupational and speech therapy and other therapies.
Plaintiff was a seasonal farm worker who has been permanently disabled as a consequence of subject crash.
Deposition testimony of the investigating police officers reflected that defendant had a clear and unobstructed view of the roadway, and that the roadway, other traffic and weather conditions did not contribute to the crash. The officers also said that plaintiff did nothing to contribute to his injury.
Defendant argued that plaintiff’s lack of U.S. citizenship, spotty work history and lack of immediate family members should result in a minimal financial recovery.
The matter settled for $4 million prior to trial.
Type of action: Third-party tort liability
Type of injuries: Traumatic brain injury resulting in total and permanent disability
Name of case: Confidential
Court/Case no./Date: Confidential; confidential; March 11, 2013
Settlement amount: $4 million
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Plaintiff, a 54-year-old non-U.S. citizen, was riding his bicycle on the gravel shoulder portion of a rural Michigan roadway. Defendant truck driver veered to the right, off the roadway, and onto the gravel shoulder portion of the roadway, colliding with plaintiff’s bicycle and knocking him to the ground.
The accident caused a traumatic brain injury, resulting in the necessity for multiple surgical interventions. Plaintiff was subsequently placed into a brain injury facility where he remains as an in-patient, undergoing occupational and speech therapy and other therapies.
Plaintiff was a seasonal farm worker who has been permanently disabled as a consequence of subject crash.
Deposition testimony of the investigating police officers reflected that defendant had a clear and unobstructed view of the roadway, and that the roadway, other traffic and weather conditions did not contribute to the crash. The officers also said that plaintiff did nothing to contribute to his injury.
Defendant argued that plaintiff’s lack of U.S. citizenship, spotty work history and lack of immediate family members should result in a minimal financial recovery.
The matter settled for $4 million prior to trial.
Type of action: Third-party tort liability
Type of injuries: Traumatic brain injury resulting in total and permanent disability
Name of case: Confidential
Court/Case no./Date: Confidential; confidential; March 11, 2013
Settlement amount: $4 million
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Calphalon Recalls Blenders Due to Injury Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 31, 2013
Recall number: 14-012
Recall Summary
Name of product:
Blenders
Hazard:
A piece of the blender’s mixing blade unit can break off during use, posing an injury hazard.
Remedy:
View Details
Repair
Consumer Contact:
Calphalon at (800)-809-7267, from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.Calphalon.com and click on “XL 9 Speed Blender Recall Information” for more information.
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Recall date: October 31, 2013
Recall number: 14-012
Recall Summary
Name of product:
Blenders
Hazard:
A piece of the blender’s mixing blade unit can break off during use, posing an injury hazard.
Remedy:
View Details
Repair
Consumer Contact:
Calphalon at (800)-809-7267, from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.Calphalon.com and click on “XL 9 Speed Blender Recall Information” for more information.
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Monday, November 11, 2013
$259,205 Verdict: Woman wants carrier to pay nursing home expenses
She says back troubles from crash progressed to where she couldn’t walk
Plaintiff sought first-party no-fault benefits from defendant Auto Club of Michigan, for back injuries sustained in an accident.
On Nov. 22, 2010, crashed her car through the garage door of her Bay City home. She did not get medical attention for her back injuries, opting to take pain relievers instead.
On Jan. 24, 2011, she saw her family doctor for her back injuries. The doctor determined Wentworth had compression fractures in the thoracic region of her back.
The next day, she underwent a cardiac catheterization for an unrelated ailment. After the procedure, she was transferred from the hospital to a nursing home for recuperation. Her heart issues resolved within a month, but she remained in the nursing home because her back injuries progressed to the point where she could not walk anymore.
She submitted a claim to Auto Club, seeking reimbursement for her nursing home expenses. In April 2011, Auto Club sent her to a defense independent medical examiner, where the physicians opined that her back injuries were not related to the November 2010 accident.
Defendant argued that plaintiff’s nursing home stay was not the direct result of the injuries she suffered in the crash, and that defendant did not owe her reimbursement.
Plaintiff contended that her move to the nursing home was a direct result of the injuries she suffered in the accident. Plaintiff used anecdotal and photographic evidence to show that her health prior to the accident was very good, and that her posture and mobility had changed shortly after the crash.
In addition, plaintiff’s treating physician, who had treated her for 14 years prior to the accident, testified that plaintiff had no prior back problems.
A Bay County jury determined that plaintiff sustained bodily injury as a result of the November 2010 accident and was entitled to allowable expenses. The jury awarded $228,830 in expenses and $30,375 in interest.
Type of action: First-party no-fault
Type of injuries: back injuries, compression fracture in thoracic region
Court/Case no./Date: Bay County Circuit Court; 11-3957-NI; Sept. 19, 2013
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Plaintiff sought first-party no-fault benefits from defendant Auto Club of Michigan, for back injuries sustained in an accident.
On Nov. 22, 2010, crashed her car through the garage door of her Bay City home. She did not get medical attention for her back injuries, opting to take pain relievers instead.
On Jan. 24, 2011, she saw her family doctor for her back injuries. The doctor determined Wentworth had compression fractures in the thoracic region of her back.
The next day, she underwent a cardiac catheterization for an unrelated ailment. After the procedure, she was transferred from the hospital to a nursing home for recuperation. Her heart issues resolved within a month, but she remained in the nursing home because her back injuries progressed to the point where she could not walk anymore.
She submitted a claim to Auto Club, seeking reimbursement for her nursing home expenses. In April 2011, Auto Club sent her to a defense independent medical examiner, where the physicians opined that her back injuries were not related to the November 2010 accident.
Defendant argued that plaintiff’s nursing home stay was not the direct result of the injuries she suffered in the crash, and that defendant did not owe her reimbursement.
Plaintiff contended that her move to the nursing home was a direct result of the injuries she suffered in the accident. Plaintiff used anecdotal and photographic evidence to show that her health prior to the accident was very good, and that her posture and mobility had changed shortly after the crash.
In addition, plaintiff’s treating physician, who had treated her for 14 years prior to the accident, testified that plaintiff had no prior back problems.
A Bay County jury determined that plaintiff sustained bodily injury as a result of the November 2010 accident and was entitled to allowable expenses. The jury awarded $228,830 in expenses and $30,375 in interest.
Type of action: First-party no-fault
Type of injuries: back injuries, compression fracture in thoracic region
Court/Case no./Date: Bay County Circuit Court; 11-3957-NI; Sept. 19, 2013
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Snoopy Sno-Cone Machines Recalled by LaRose Industries Due to Risk of Mouth Injury
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 31, 2013
Recall number: 14-010
Recall Summary
Name of product:
Snoopy Sno-Cone Machines
Hazard:
A brass rivet can fall out of the sno-cone machine’s ice-shaving cylinder and into a sno-cone, posing a risk of injury to the mouth or the teeth.
Remedy:
View Details
Repair
Consumer Contact:
LaRose Industries toll-free at (855) 345-4693 between 8:30 a.m. and 5:30 p.m. ET Monday through Friday, email recall@laroseindustries or online at www.laroseindustries.com which takes consumers to the Cra-Z-Art website and click on the Recall tab more information.
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Recall date: October 31, 2013
Recall number: 14-010
Recall Summary
Name of product:
Snoopy Sno-Cone Machines
Hazard:
A brass rivet can fall out of the sno-cone machine’s ice-shaving cylinder and into a sno-cone, posing a risk of injury to the mouth or the teeth.
Remedy:
View Details
Repair
Consumer Contact:
LaRose Industries toll-free at (855) 345-4693 between 8:30 a.m. and 5:30 p.m. ET Monday through Friday, email recall@laroseindustries or online at www.laroseindustries.com which takes consumers to the Cra-Z-Art website and click on the Recall tab more information.
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Friday, November 8, 2013
$250,000 Settlement: Shipmate’s feet crushed when tractor, trailer don’t engage
It’s argued equipment passed its service life, not properly maintained
Plaintiff, 57, worked for defendant shipping company for three years. Defendant operated a single car ferry, which was a coal-fired vessel that would transport the “orphan” trailer section of a tractor-trailer to each port.
On September 7, 2011, while the vessel was unloading vehicles in Manitowac, Wis., the crew attempted to utilize the vessel’s white tractor to unload an asphalt trailer from the ferry. The tractor and trailer were of incompatible configurations, and would not mate.
The first mate appraised the situation, then went ashore to retrieve the black tractor normally assigned exclusively to maneuvering the vessel’s coal trailer and backed the vehicle aboard the vessel to engage it with the asphalt trailer. When the tractor and trailer appeared to engage, the mate attempted to perform the tug test.
Plaintiff then stepped in to hook up the air brake lines of the tractor to the trailer after gaining eye contact with the mate. The mate then unexpectedly attempted to move the tractor forward without warning or signaling plaintiff. The fifth wheel of the black tractor did not engage with the kingpin of the trailer, allowing it to move forward and roll over plaintiff’s feet, crushing them.
Plaintiff initially refused medical care because he wanted to stay on the vessel for its return trip and could obtain medical care in Ludington, Mich. There, he was diagnosed with a bilateral crush injury of the feet with an avulsion fracture of the right lateral talus and left tarsal bone.
Plaintiff argued that the incident and plaintiff’s injury and disability were caused by the malfunction of the fifth wheel of the black tractor, as a result of the failure to properly maintain the equipment and because it was beyond its reasonable service life.
The matter settled for $250,000.
Type of action: Seaman’s personal injury pursuant to the Jones Act
Type of injuries: Feet
Name of case: Confidential
Court/Case no./Date: U.S. District Court, Eastern District of Michigan; confidential; April 12, 2013
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Plaintiff, 57, worked for defendant shipping company for three years. Defendant operated a single car ferry, which was a coal-fired vessel that would transport the “orphan” trailer section of a tractor-trailer to each port.
On September 7, 2011, while the vessel was unloading vehicles in Manitowac, Wis., the crew attempted to utilize the vessel’s white tractor to unload an asphalt trailer from the ferry. The tractor and trailer were of incompatible configurations, and would not mate.
The first mate appraised the situation, then went ashore to retrieve the black tractor normally assigned exclusively to maneuvering the vessel’s coal trailer and backed the vehicle aboard the vessel to engage it with the asphalt trailer. When the tractor and trailer appeared to engage, the mate attempted to perform the tug test.
Plaintiff then stepped in to hook up the air brake lines of the tractor to the trailer after gaining eye contact with the mate. The mate then unexpectedly attempted to move the tractor forward without warning or signaling plaintiff. The fifth wheel of the black tractor did not engage with the kingpin of the trailer, allowing it to move forward and roll over plaintiff’s feet, crushing them.
Plaintiff initially refused medical care because he wanted to stay on the vessel for its return trip and could obtain medical care in Ludington, Mich. There, he was diagnosed with a bilateral crush injury of the feet with an avulsion fracture of the right lateral talus and left tarsal bone.
Plaintiff argued that the incident and plaintiff’s injury and disability were caused by the malfunction of the fifth wheel of the black tractor, as a result of the failure to properly maintain the equipment and because it was beyond its reasonable service life.
The matter settled for $250,000.
Type of action: Seaman’s personal injury pursuant to the Jones Act
Type of injuries: Feet
Name of case: Confidential
Court/Case no./Date: U.S. District Court, Eastern District of Michigan; confidential; April 12, 2013
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Southern Telecom Recalls A/C Adaptors for Polaroid Internet Tablets Due to Fire Hazard; Sold Exclusively at Big Lots
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 30, 2013
Recall number: 14-008
Recall Summary
Name of product:
A/C Adaptor (charger) included with Polaroid PMID 709 Internet Tablets
Hazard:
The adaptors can overheat, posing a fire hazard.
Remedy:
View Details
Replace
Consumer Contact:
Southern Telecom toll-free at (866) 450-4493 from 8 a.m. to 10 p.m. ET Monday through Friday or online at www.southerntelecom.com and go to Product Support and click on “PMID709 A/C Adaptor Exchange Program” for more information.
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Recall date: October 30, 2013
Recall number: 14-008
Recall Summary
Name of product:
A/C Adaptor (charger) included with Polaroid PMID 709 Internet Tablets
Hazard:
The adaptors can overheat, posing a fire hazard.
Remedy:
View Details
Replace
Consumer Contact:
Southern Telecom toll-free at (866) 450-4493 from 8 a.m. to 10 p.m. ET Monday through Friday or online at www.southerntelecom.com and go to Product Support and click on “PMID709 A/C Adaptor Exchange Program” for more information.
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Thursday, November 7, 2013
$70,000 Settlement: Dressing room rack falls, hits woman on head
Plaintiff claims neck pain from pre-existing fusion; case evaluation accepted
In 2012, plaintiff was in a fitting room at defendant department store, where her daughter was trying on dresses. A rack fell from the wall and struck her on the head.
Plaintiff asserted that her injuries included neck pain stemming from a pre-existing neck fusion. In addition, she complained of headache and head pain.
Plaintiff argued that defendant was negligent in failing to inspect and main the fixtures of the fitting room.
Defendant conceded liability, so the discussion concerned the amount and extent of the damages.
Type of action: Personal injury
Type of injuries: Head and neck
Court/Case no./Date: Oakland County Circuit Court; 2012-129921-NO; Sept. 12, 2013
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In 2012, plaintiff was in a fitting room at defendant department store, where her daughter was trying on dresses. A rack fell from the wall and struck her on the head.
Plaintiff asserted that her injuries included neck pain stemming from a pre-existing neck fusion. In addition, she complained of headache and head pain.
Plaintiff argued that defendant was negligent in failing to inspect and main the fixtures of the fitting room.
Defendant conceded liability, so the discussion concerned the amount and extent of the damages.
Type of action: Personal injury
Type of injuries: Head and neck
Court/Case no./Date: Oakland County Circuit Court; 2012-129921-NO; Sept. 12, 2013
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BreathableBaby Recalls Wearable Blanket Due to Choking Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 29, 2013
Recall number: 14-007
Recall Summary
Name of product:
BreathableSack wearable blanket for infants
Hazard:
The zipper pull tabs and sliders can detach posing a choking hazard to infants.
Remedy:
View Details
Replace
Consumer Contact:
BreathableBaby toll-free at (877) 827-4442 from 9 a.m. to 4 p.m. CT Monday through Thursday or online at www.breathablebaby.com and click on Recall Information.
From the CPSC
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Recall date: October 29, 2013
Recall number: 14-007
Recall Summary
Name of product:
BreathableSack wearable blanket for infants
Hazard:
The zipper pull tabs and sliders can detach posing a choking hazard to infants.
Remedy:
View Details
Replace
Consumer Contact:
BreathableBaby toll-free at (877) 827-4442 from 9 a.m. to 4 p.m. CT Monday through Thursday or online at www.breathablebaby.com and click on Recall Information.
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Tuesday, November 5, 2013
$90,000 Settlement: Driver incurs torn rotator cuff in collision
First-, third-party defense argue previous injuries, impairment threshold
On Oct. 11, 2011, plaintiff was driving northbound on Greenfield Road at the intersection of Lincoln Road in Oak Park. Defendant also heading northbound, tried to move from the outer lane into the inner lane, and hit plaintiff’s van. The impact pushed the van over the curb and onto the median.
Plaintiff had surgery for a torn rotator cuff and a supraspinatus tendon tear.
Defendants for the first- and third-party carriers argued that the serious impairment threshold had not been met and that plaintiff had pre-existing medical issues.
At facilitation the matter settled for $37,500 for the first-party claim and $52,500 for the third-party claim.
Type of action: First-party no-fault, third-party personal injury
Type of injuries: Torn rotator cuff, tear of supraspinitus tendon
Court/Case no./Date: Oakland County Circuit Court; 2012-128308-NI; Sept. 25, 2013
Settlement amount: $37,500 (first-party claim), $52,500 (third-party claim)
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On Oct. 11, 2011, plaintiff was driving northbound on Greenfield Road at the intersection of Lincoln Road in Oak Park. Defendant also heading northbound, tried to move from the outer lane into the inner lane, and hit plaintiff’s van. The impact pushed the van over the curb and onto the median.
Plaintiff had surgery for a torn rotator cuff and a supraspinatus tendon tear.
Defendants for the first- and third-party carriers argued that the serious impairment threshold had not been met and that plaintiff had pre-existing medical issues.
At facilitation the matter settled for $37,500 for the first-party claim and $52,500 for the third-party claim.
Type of action: First-party no-fault, third-party personal injury
Type of injuries: Torn rotator cuff, tear of supraspinitus tendon
Court/Case no./Date: Oakland County Circuit Court; 2012-128308-NI; Sept. 25, 2013
Settlement amount: $37,500 (first-party claim), $52,500 (third-party claim)
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Crate and Barrel Recalls Finley Hanging Pendant Lamps Due to Fire and Shock Hazards
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 24, 2013
Recall number: 14-004
Recall Summary
Name of product:
Hanging pendant lamps
Hazard:
The lamp’s wires can be connected incorrectly because the wires’ polarity labels can fall off or be mislabeled, posing fire and shock hazards to consumers.
Remedy:
View Details
Refund Replace
Consumer Contact:
Crate and Barrel at (800) 451-8217 from 7 a.m. to 9 p.m. CT every day or online at www.crateandbarrel.com and click on Safety Recall at the bottom of the page for more information.
From the CPSC
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Recall date: October 24, 2013
Recall number: 14-004
Recall Summary
Name of product:
Hanging pendant lamps
Hazard:
The lamp’s wires can be connected incorrectly because the wires’ polarity labels can fall off or be mislabeled, posing fire and shock hazards to consumers.
Remedy:
View Details
Refund Replace
Consumer Contact:
Crate and Barrel at (800) 451-8217 from 7 a.m. to 9 p.m. CT every day or online at www.crateandbarrel.com and click on Safety Recall at the bottom of the page for more information.
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Wednesday, October 30, 2013
$329,000 Verdict: Parties argue over which defendant caused collision
Liability admitted before trial, but plaintiff asks jury to make determination
On July 9, 2011 at approximately 3 p.m., plaintiff was driving her Honda Accord westbound on M-72 in Williamsburg. Defendants pulled out of the Turtle Creek Casino in their ¾-ton truck to turn left and go eastbound on M-72. They skirted around a car pulling into the casino, and the car struck the truck at 55 mph.
injuries included bone marrow edema of the right ankle, chest wall bruising, a fractured rib and neck pain. She had to leave her industrial job four months after the accident because of doctors’ work restrictions, and took a less physically demanding job for a lower wage. Two years later, she was diagnosed with post-traumatic stress disorder and depression.
Type of action: Third-party no-fault
Type of injuries: Bone marrow edema of the right ankle, chest wall bruising, fractured rib, neck pain, post-traumatic stress disorder, depression
Court/Case no./Date: Grand Traverse County Circuit Court; 12-29414-NI; Oct. 3, 2013
Tried before: Jury
Verdict amount: $329,000
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On July 9, 2011 at approximately 3 p.m., plaintiff was driving her Honda Accord westbound on M-72 in Williamsburg. Defendants pulled out of the Turtle Creek Casino in their ¾-ton truck to turn left and go eastbound on M-72. They skirted around a car pulling into the casino, and the car struck the truck at 55 mph.
injuries included bone marrow edema of the right ankle, chest wall bruising, a fractured rib and neck pain. She had to leave her industrial job four months after the accident because of doctors’ work restrictions, and took a less physically demanding job for a lower wage. Two years later, she was diagnosed with post-traumatic stress disorder and depression.
Type of action: Third-party no-fault
Type of injuries: Bone marrow edema of the right ankle, chest wall bruising, fractured rib, neck pain, post-traumatic stress disorder, depression
Court/Case no./Date: Grand Traverse County Circuit Court; 12-29414-NI; Oct. 3, 2013
Tried before: Jury
Verdict amount: $329,000
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Infinitoy Recalls Softimals Toy Sets Due to Choking and Aspiration Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 23, 2013
Recall number: 14-003
Recall Summary
Name of product:
Building Toy Playsets
Hazard:
The plastic hats found on playset figures pose a choking/aspiration hazard for children.
Remedy:
View Details
Replace
Consumer Contact:
Infinitoy, Inc. toll-free at (888) 558-0933 from 9 a.m. to 5 p.m. PT Monday through Friday, or online at www.infinitoy.com , then click on Safety/Recall at the bottom of the page for more information.
From the CPSC
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Recall date: October 23, 2013
Recall number: 14-003
Recall Summary
Name of product:
Building Toy Playsets
Hazard:
The plastic hats found on playset figures pose a choking/aspiration hazard for children.
Remedy:
View Details
Replace
Consumer Contact:
Infinitoy, Inc. toll-free at (888) 558-0933 from 9 a.m. to 5 p.m. PT Monday through Friday, or online at www.infinitoy.com , then click on Safety/Recall at the bottom of the page for more information.
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Tuesday, October 29, 2013
$100,000 Settlement: Cook deemed disabled after injury on ship
Co-worker says ice, slush and snow created hazard; nonskid surface removed
On Dec. 20, 2008, plaintiff merchant marine cook, then 67 years old, carried storage boxes aboard a steamer. He suffered an injury to his left shoulder and arm. He underwent surgery and received rotator cuff and left biceps tendon repairs.
Plaintiff contended that the evidence presented a case of clear negligence and unseaworthiness. A second cook testified that the captain ordered the storage boxes to be taken on the vessel during a snow storm, and that the galley and work area had ice, slush and snow.
The second cook further testified that the working surface did not have nonskid material, and that the deckhands had removed the nonskid matting, thus creating a slippery and hazardous working area.
Plaintiff argued that he would have worked for an additional three years following the date of injury. Plaintiff’s principal medical provider — an orthopedic surgeon — testified that, as of Sept. 17, 2009, plaintiff was permanently disabled from returning to his former occupation.
Defendant requested plaintiff to be evaluated by another orthopedic surgeon, who testified that plaintiff would be permanently restricted from lifting in excess of between 10 and 15 pounds. The surgeon also said plaintiff’s disability prevented him from working as a merchant marine cook.
Type of action: Seaman’s personal injury pursuant to the Jones Act
Type of injuries: Rotator cuff, biceps tendon
Court/Case no./Date: U.S. District Court, Eastern District of Michigan;confidential; March 20, 2013
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On Dec. 20, 2008, plaintiff merchant marine cook, then 67 years old, carried storage boxes aboard a steamer. He suffered an injury to his left shoulder and arm. He underwent surgery and received rotator cuff and left biceps tendon repairs.
Plaintiff contended that the evidence presented a case of clear negligence and unseaworthiness. A second cook testified that the captain ordered the storage boxes to be taken on the vessel during a snow storm, and that the galley and work area had ice, slush and snow.
The second cook further testified that the working surface did not have nonskid material, and that the deckhands had removed the nonskid matting, thus creating a slippery and hazardous working area.
Plaintiff argued that he would have worked for an additional three years following the date of injury. Plaintiff’s principal medical provider — an orthopedic surgeon — testified that, as of Sept. 17, 2009, plaintiff was permanently disabled from returning to his former occupation.
Defendant requested plaintiff to be evaluated by another orthopedic surgeon, who testified that plaintiff would be permanently restricted from lifting in excess of between 10 and 15 pounds. The surgeon also said plaintiff’s disability prevented him from working as a merchant marine cook.
Type of action: Seaman’s personal injury pursuant to the Jones Act
Type of injuries: Rotator cuff, biceps tendon
Court/Case no./Date: U.S. District Court, Eastern District of Michigan;confidential; March 20, 2013
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Trail Crest Recalls Children’s Hooded Sweatshirts Due to Strangulation Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 22, 2013
Recall number: 14-002
Recall Summary
Name of product:
Trail Crest boys and girls hooded sweatshirts and jackets
Hazard:
The hoodies and jackets have drawstrings through the hood or neck which pose a strangulation hazard to young children. In February 1996, CPSC issued guidelines about drawstrings in children's upper outerwear. In 1997, those guidelines were incorporated into a voluntary standard. Then, in July 2011, based on the guidelines and voluntary standard, CPSC issued a federal regulation. CPSC's actions demonstrate a commitment to help prevent children from strangling or getting entangled on neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts.
Remedy:
View Details
Refund
Consumer Contact:
Trail Crest at (800) 965-6550 between 9 a.m. and 5 p.m. ET Monday through Friday. Consumers can also email the firm at sales@trailcrest.net.
From the CPSC
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Recall date: October 22, 2013
Recall number: 14-002
Recall Summary
Name of product:
Trail Crest boys and girls hooded sweatshirts and jackets
Hazard:
The hoodies and jackets have drawstrings through the hood or neck which pose a strangulation hazard to young children. In February 1996, CPSC issued guidelines about drawstrings in children's upper outerwear. In 1997, those guidelines were incorporated into a voluntary standard. Then, in July 2011, based on the guidelines and voluntary standard, CPSC issued a federal regulation. CPSC's actions demonstrate a commitment to help prevent children from strangling or getting entangled on neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts.
Remedy:
View Details
Refund
Consumer Contact:
Trail Crest at (800) 965-6550 between 9 a.m. and 5 p.m. ET Monday through Friday. Consumers can also email the firm at sales@trailcrest.net.
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Tuesday, October 22, 2013
$520,000 Settlement: Woman suffers traumatic brain injury in auto accident
Social Security declares her disabled as result of accident; case is settled
On Dec. 1, 2009, plaintiff was injured when the car she was driving was struck from behind by defendant at a high rate of speed.
plaintiff suffered a traumatic brain injury and herniated discs in her neck, necessitating two surgeries and dozens of injections. She endured three years of continuous treatment and also was confined to a mental hospital on two occasions for depression and anxiety.
Plaintiff was 39 years old at the time of arbitration and had been declared disabled by Social Security as a result of her auto accident-related injuries.
Defendants argued that not all of plaintiff’s alleged injuries were related to the auto accident.
Type of action: First- and third-party auto negligence
Type of injuries: Traumatic brain injury, herniated discs, depression, anxiety, permanent scarring
Court/Case no./Date: Macomb County Circuit Court; 2010-004764-NI; Jan. 19, 2013
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On Dec. 1, 2009, plaintiff was injured when the car she was driving was struck from behind by defendant at a high rate of speed.
plaintiff suffered a traumatic brain injury and herniated discs in her neck, necessitating two surgeries and dozens of injections. She endured three years of continuous treatment and also was confined to a mental hospital on two occasions for depression and anxiety.
Plaintiff was 39 years old at the time of arbitration and had been declared disabled by Social Security as a result of her auto accident-related injuries.
Defendants argued that not all of plaintiff’s alleged injuries were related to the auto accident.
Type of action: First- and third-party auto negligence
Type of injuries: Traumatic brain injury, herniated discs, depression, anxiety, permanent scarring
Court/Case no./Date: Macomb County Circuit Court; 2010-004764-NI; Jan. 19, 2013
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Monday, October 14, 2013
$12,981,130 Verdict: Baby suffers nerve damage via birth trauma
When shoulder got stuck, resident pulled head too hard, plaintiff contends
On Dec. 28, 2007, plaintiff, who was 37 5/7 weeks’ pregnant, went to defendant with complaints of flu-like symptoms of fever, chills, nausea, vomiting and cough, in addition to foot swelling.
As her conditions improved, there was discussion of induction. After evaluation on Dec. 31, the physician initiated a plan to induce labor. An intern in his sixth month and an OB resident were left to attend Bryson, while the physician left for New Year’s Eve.
At approximately 9:12 p.m., the fetus’s heart tones worsened with minimal or absent beat-to-beat variability with repetitive, late decelerations and variable decelerations present. No action was taken by the obstetrical staff until approximately 3 a.m. Jan. 1, 2008.
The delivery notes of all who wrote them describe a “severe shoulder dystocia” — the shoulder being stuck at the pubic symphysis during delivery — and indicate the series of maneuvers employed to affect delivery.
Plaintiff asserted that the intern had his hands on the 8-pound, 8-ounce baby’s head when the dystocia was discovered, while the staff obstetrician and the OB resident were “supervising” at that point.
Defendants’ records confirm the baby’s right arm being flaccid. Subsequent evaluation showed a complete severing of the nerves, with an Erb’s palsy, rendering the arm and shoulder muscles virtually useless.
Plaintiff’s minor has required ongoing physical and occupational therapy since age 1 month. She is visibly disfigured, with a brace needed to be worn nightly to keep her arm straight as she sleeps.
Plaintiff contended that excessive traction on the baby’s head occurred in the inexperienced hands of the intern, but that the physicians in attendance and the physician who had left for New Year’s Eve also were responsible.
In addition, a C-section had not been offered to the diabetic plaintiff, which, along with the baby’s size, increased the risk of shoulder dystocia when delivering the baby vaginally.
Defendant asserted that the injuries occurred because of the natural child birth process, and were unrelated to any actions of the physicians.
Type of action: Medical malpractice, birth trauma
Type of injuries: Shoulder dystocia/brachial plexus, Erb’s palsy
Court/Case no./Date: Genesee County Circuit Court; 10-92893-NH; Sept. 27, 2013
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On Dec. 28, 2007, plaintiff, who was 37 5/7 weeks’ pregnant, went to defendant with complaints of flu-like symptoms of fever, chills, nausea, vomiting and cough, in addition to foot swelling.
As her conditions improved, there was discussion of induction. After evaluation on Dec. 31, the physician initiated a plan to induce labor. An intern in his sixth month and an OB resident were left to attend Bryson, while the physician left for New Year’s Eve.
At approximately 9:12 p.m., the fetus’s heart tones worsened with minimal or absent beat-to-beat variability with repetitive, late decelerations and variable decelerations present. No action was taken by the obstetrical staff until approximately 3 a.m. Jan. 1, 2008.
The delivery notes of all who wrote them describe a “severe shoulder dystocia” — the shoulder being stuck at the pubic symphysis during delivery — and indicate the series of maneuvers employed to affect delivery.
Plaintiff asserted that the intern had his hands on the 8-pound, 8-ounce baby’s head when the dystocia was discovered, while the staff obstetrician and the OB resident were “supervising” at that point.
Defendants’ records confirm the baby’s right arm being flaccid. Subsequent evaluation showed a complete severing of the nerves, with an Erb’s palsy, rendering the arm and shoulder muscles virtually useless.
Plaintiff’s minor has required ongoing physical and occupational therapy since age 1 month. She is visibly disfigured, with a brace needed to be worn nightly to keep her arm straight as she sleeps.
Plaintiff contended that excessive traction on the baby’s head occurred in the inexperienced hands of the intern, but that the physicians in attendance and the physician who had left for New Year’s Eve also were responsible.
In addition, a C-section had not been offered to the diabetic plaintiff, which, along with the baby’s size, increased the risk of shoulder dystocia when delivering the baby vaginally.
Defendant asserted that the injuries occurred because of the natural child birth process, and were unrelated to any actions of the physicians.
Type of action: Medical malpractice, birth trauma
Type of injuries: Shoulder dystocia/brachial plexus, Erb’s palsy
Court/Case no./Date: Genesee County Circuit Court; 10-92893-NH; Sept. 27, 2013
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Wednesday, October 9, 2013
$500,000 Settlement: Driver claims pain, depression from accident
Defense argues serious impairment threshold not met, pre-existing injuries
Plaintiff collided with defendant’s vehicle while exiting a shopping center parking lot in broad daylight. Plaintiff briefly lost consciousness at the scene.
Plaintiff returned to work but ultimately stopped several months later because of ongoing pain and depression. He was diagnosed with a closed head injury, bilateral knee injuries and a worsening of longstanding depression.
Defendants argued that plaintiff was more than 50 percent at fault in causing the accident because he was speeding and allegedly was not paying attention to what was ahead of him on the road.
It also was contended that plaintiff’s symptoms pre-existed, that he was a malingerer, that he failed to meet the serious impairment threshold, and that his knees had been degenerated for several prior years.
Both parties accepted the $500,000 unanimous case evaluation.
Type of action: Auto negligence
Type of injuries: Closed head injury, bilateral knee injuries
Court/Case no./Date: Macomb County Circuit Court; 2012-2355-NI; June 1, 2013
Settlement amount: $500,000
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Plaintiff collided with defendant’s vehicle while exiting a shopping center parking lot in broad daylight. Plaintiff briefly lost consciousness at the scene.
Plaintiff returned to work but ultimately stopped several months later because of ongoing pain and depression. He was diagnosed with a closed head injury, bilateral knee injuries and a worsening of longstanding depression.
Defendants argued that plaintiff was more than 50 percent at fault in causing the accident because he was speeding and allegedly was not paying attention to what was ahead of him on the road.
It also was contended that plaintiff’s symptoms pre-existed, that he was a malingerer, that he failed to meet the serious impairment threshold, and that his knees had been degenerated for several prior years.
Both parties accepted the $500,000 unanimous case evaluation.
Type of action: Auto negligence
Type of injuries: Closed head injury, bilateral knee injuries
Court/Case no./Date: Macomb County Circuit Court; 2012-2355-NI; June 1, 2013
Settlement amount: $500,000
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Tuesday, October 8, 2013
$4.55 million Settlement: Musician suffers traumatic brain injury in auto accident
She will require therapy for years; her settlement is set above policy limits
Plaintiff, a 31-year-old internationally renowned musician, was driving with her fiancé on westbound Interstate 94 in the Jackson area. She brought the car to a complete stop because of traffic conditions. Defendant driver, operating an empty tractor-trailer, rear-ended plaintiff’s vehicle, crushing it between the tractor-trailer and the semi-truck directly in front of plaintiff’s vehicle.
Plaintiff was airlifted from the scene to University of Michigan Hospital, where she was an inpatient for two months. She sustained a severe traumatic brain injury — including fractures to the base of the skull and severed cranial nerves — as well as some hearing loss. Though she recovered, she will require therapy for a number of years.
The procured settlement is above policy limits, and a significant portion of it is structured. Its present-day value is $4.55 million.
Type of action: Auto negligence
Type of injuries: Traumatic brain injury, skull fractures
Court/Case no./Date: Confidential; confidential; May 13, 2013
Settlement amount: $4.55 million
Special damages: Excess wage loss
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Plaintiff, a 31-year-old internationally renowned musician, was driving with her fiancé on westbound Interstate 94 in the Jackson area. She brought the car to a complete stop because of traffic conditions. Defendant driver, operating an empty tractor-trailer, rear-ended plaintiff’s vehicle, crushing it between the tractor-trailer and the semi-truck directly in front of plaintiff’s vehicle.
Plaintiff was airlifted from the scene to University of Michigan Hospital, where she was an inpatient for two months. She sustained a severe traumatic brain injury — including fractures to the base of the skull and severed cranial nerves — as well as some hearing loss. Though she recovered, she will require therapy for a number of years.
The procured settlement is above policy limits, and a significant portion of it is structured. Its present-day value is $4.55 million.
Type of action: Auto negligence
Type of injuries: Traumatic brain injury, skull fractures
Court/Case no./Date: Confidential; confidential; May 13, 2013
Settlement amount: $4.55 million
Special damages: Excess wage loss
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Monday, October 7, 2013
$630,000 Settlement: Trucker seeks economic damages after crash
Plaintiff argues that future earning capacity could not be same as it had been
On July 31, 2009, plaintiff was driving a fully loaded semi truck in Flat Rock. A Mazda CX-7, driven by defendant, disregarded a blinking red light and drove into the path of Vujasin’s truck.
The semi swerved to avoid the car but ended up striking the vehicle on the driver’s side, pushing it through the intersection, over a curb and into a brick wall. It took emergency crews several hours to extricate Carver from the Mazda.
Believing that he had killed defendant in the collision. He attempted to return to work one week after the accident, but a close call with a car running a yellow light resulted in him pulling his truck over, where he shook uncontrollably and vomited.
He was subsequently diagnosed with post-traumatic stress disorder, anxiety and depression related to the July 2009 accident. However, the report — made by a panel of medical providers, including physiatrists, physiotherapists, and psychologists —concluded that he did not suffer a complete inability to engage in any employment for which he was reasonably suited by education, training and/or experience.
At the time of the scheduled trial date, he was not able to return to work. Plaintiff asserted that the scope and width of his employment options had been narrowed, and he could not return to a job like trucking and earn what he did before.
Type of action: Automobile negligence
Type of injuries: Post-traumatic stress disorder, depression, anxiety
Court/Case no./Date: Wayne County Circuit Court; 2011-1829-NI; Feb. 28, 2013
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On July 31, 2009, plaintiff was driving a fully loaded semi truck in Flat Rock. A Mazda CX-7, driven by defendant, disregarded a blinking red light and drove into the path of Vujasin’s truck.
The semi swerved to avoid the car but ended up striking the vehicle on the driver’s side, pushing it through the intersection, over a curb and into a brick wall. It took emergency crews several hours to extricate Carver from the Mazda.
Believing that he had killed defendant in the collision. He attempted to return to work one week after the accident, but a close call with a car running a yellow light resulted in him pulling his truck over, where he shook uncontrollably and vomited.
He was subsequently diagnosed with post-traumatic stress disorder, anxiety and depression related to the July 2009 accident. However, the report — made by a panel of medical providers, including physiatrists, physiotherapists, and psychologists —concluded that he did not suffer a complete inability to engage in any employment for which he was reasonably suited by education, training and/or experience.
At the time of the scheduled trial date, he was not able to return to work. Plaintiff asserted that the scope and width of his employment options had been narrowed, and he could not return to a job like trucking and earn what he did before.
Type of action: Automobile negligence
Type of injuries: Post-traumatic stress disorder, depression, anxiety
Court/Case no./Date: Wayne County Circuit Court; 2011-1829-NI; Feb. 28, 2013
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CPSC Approves New Federal Safety Standard for Bassinets and Cradles
WASHINGTON, D.C. – To prevent deaths and injuries to children, the
U.S. Consumer Product Safety Commission (CPSC) has approved a new
federal mandatory standard to improve the safety of bassinets and
cradles. The vote was 4 to 1.
The new federal standard incorporates provisions in the voluntary standard (ASTM F2194-13), Standard Consumer Safety Specification for Bassinets and Cradles. CPSC staff recommended five modifications to F2194-13 standard. These modifications address risks not adequately covered by the voluntary standard. The modifications include:
The new standard defines “bassinet/cradle” as a small bed designed primarily to provide sleeping accommodations for infants, supported by free standing legs, a stationary frame or stand, a wheeled base, a rocking base, or swing relative to a stationary base. In a stationary (non-rocking or swinging) position, a bassinet/cradle is intended to have a sleep surface less than or equal to 10 degrees from horizontal.
A bassinet/cradle is not intended to be used beyond the age of about 5 months or when a child is able to push up on his hands and knees. Bassinet and cradle attachments for non-full-size cribs or play yards are considered to be part of the bassinet/cradle category, as are bedside sleepers that can be converted to four-sided bassinets not attached to a bed.
The effective date for the mandatory bassinet/cradle standard is 6 months after the final rule is published in the Federal Register. Manufacturers are allowed an additional 12 months to comply with the provision for removable bassinet beds.
From the CPSC
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The new federal standard incorporates provisions in the voluntary standard (ASTM F2194-13), Standard Consumer Safety Specification for Bassinets and Cradles. CPSC staff recommended five modifications to F2194-13 standard. These modifications address risks not adequately covered by the voluntary standard. The modifications include:
- a clarification of the scope of the bassinet/cradle standard;
- a change to the pass/fail criterion for the mattress flatness test;
- an exemption from the mattress flatness requirement for bassinets that are less than 15 inches across;
- the addition of a removable bassinet bed stability requirement; and
- a change to the stability test procedure, requiring the use of a newborn CAMI dummy rather than an infant CAMI dummy.
The new standard defines “bassinet/cradle” as a small bed designed primarily to provide sleeping accommodations for infants, supported by free standing legs, a stationary frame or stand, a wheeled base, a rocking base, or swing relative to a stationary base. In a stationary (non-rocking or swinging) position, a bassinet/cradle is intended to have a sleep surface less than or equal to 10 degrees from horizontal.
A bassinet/cradle is not intended to be used beyond the age of about 5 months or when a child is able to push up on his hands and knees. Bassinet and cradle attachments for non-full-size cribs or play yards are considered to be part of the bassinet/cradle category, as are bedside sleepers that can be converted to four-sided bassinets not attached to a bed.
The effective date for the mandatory bassinet/cradle standard is 6 months after the final rule is published in the Federal Register. Manufacturers are allowed an additional 12 months to comply with the provision for removable bassinet beds.
From the CPSC
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Friday, October 4, 2013
Patients of indicted Oakland Co. cancer doctor meet for support in weeks before trial
By: Oralandar Brand-Williams, The Detroit News
Rochester Hills— Cathy Bastian fears her future.
The Oakland Township woman says she is scared of what 21 rounds of chemotherapy she didn’t need did to her body.
The treatments, administered by indicted oncologist Farid Fata, went on for 18 months after she was told she no longer had any evidence of a deadly form of lung cancer in her body.
“He kept me on chemotherapy for a year and a half,” Bastian said during a meeting with other patients of the embattled oncologist. “I begged for my life. I said ‘Dr. Fata, I don’t think my body can take it anymore.’ ”
Bastian says she received 33 sessions of chemotherapy when medical tests indicated she needed 12 sessions to cure her early form of small-cell lung cancer, which has a low survival rate if not caught early.
Bastian is a member of a group of former patients and family members who say they are seeking justice in the wake of criminal charges filed against Fata for Medicare fraud.
The group plans to protest Wednesday outside U.S. District Court before the start of a bond hearing. Fata is being held on a $9 million bond and his lawyers are asking a judge to lower it so their client can be free pending trial later this month on multiple charges of health care fraud.
The doctor maintains he is innocent, according to his co-counsel, Christopher Andreoff.
The group of his former patients gathers regularly at a hotel near Crittenton Hospital’s Cancer Center in Rochester Hills, where some of them first met Fata. They hug each other and share tears as they recall their time as Fata’s patients.
They wonder aloud if their exposure to unnecessary chemotherapy will make them even sicker in the days, months or years to come.
Last month, they launched a letter-writing campaign to state lawmakers and county prosecutors, hoping officials will review state laws regarding licensing physicians. They want Fata to face state criminal charges along with the federal charges.
Many of them plan to follow the case and attend every court hearing involving the doctor.
Fata, the owner of Michigan Hematology Oncology P.C., which has offices in Rochester Hills and six other locations, including Bloomfield Hills and Oak Park, is charged with submitting false and fraudulent claims for medical treatments that were not medically necessary.
Among the allegations: Fata administered chemotherapy and other cancer treatments to patients who didn’t need them. He also is accused of engaging “in a scheme to unlawfully enrich himself” by soliciting and receiving kickbacks in exchange for referring patients for home health care and hospice services.
The federal charges, filed last month, allege that from August 2007 to July 2013, Fata’s MHO practice billed Medicare around $225 million, of which $109 million was for chemotherapy or other cancer treatments. Of the approximately $225 million, Medicare paid more than $91 million to Fata’s medical practice.
Kevin Brown, a Lake Orion resident, said he was very fond of Fata and credited the doctor with curing him of cancer in 2007. Brown said he was shocked when Fata suggested he have more chemotherapy as part of a “maintenance” plan.
“This guy told me I was going to see him the rest of my life,” said Brown.
Angry and filled with questions, Brown said he believes his recent onset of alopecia (hair loss that occurs when the immune system attacks hair follicles) can be attributed to the cancer drug Fata prescribed for him a year even after scans showed him to be cancer-free.
“I just want to meet him face to face ... man to man and ask him why did he do that to me?”
Fata has been in the Wayne County Jail under federal custody since last month, when he was arrested after federal authorities raided his home and medical offices in Oakland County.
His trial is set for mid-October. If convicted, Fata faces a maximum of 10 years for each count.
From The Detroit News:
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Rochester Hills— Cathy Bastian fears her future.
The Oakland Township woman says she is scared of what 21 rounds of chemotherapy she didn’t need did to her body.
The treatments, administered by indicted oncologist Farid Fata, went on for 18 months after she was told she no longer had any evidence of a deadly form of lung cancer in her body.
“He kept me on chemotherapy for a year and a half,” Bastian said during a meeting with other patients of the embattled oncologist. “I begged for my life. I said ‘Dr. Fata, I don’t think my body can take it anymore.’ ”
Bastian says she received 33 sessions of chemotherapy when medical tests indicated she needed 12 sessions to cure her early form of small-cell lung cancer, which has a low survival rate if not caught early.
Bastian is a member of a group of former patients and family members who say they are seeking justice in the wake of criminal charges filed against Fata for Medicare fraud.
The group plans to protest Wednesday outside U.S. District Court before the start of a bond hearing. Fata is being held on a $9 million bond and his lawyers are asking a judge to lower it so their client can be free pending trial later this month on multiple charges of health care fraud.
The doctor maintains he is innocent, according to his co-counsel, Christopher Andreoff.
The group of his former patients gathers regularly at a hotel near Crittenton Hospital’s Cancer Center in Rochester Hills, where some of them first met Fata. They hug each other and share tears as they recall their time as Fata’s patients.
They wonder aloud if their exposure to unnecessary chemotherapy will make them even sicker in the days, months or years to come.
Last month, they launched a letter-writing campaign to state lawmakers and county prosecutors, hoping officials will review state laws regarding licensing physicians. They want Fata to face state criminal charges along with the federal charges.
Many of them plan to follow the case and attend every court hearing involving the doctor.
Fata, the owner of Michigan Hematology Oncology P.C., which has offices in Rochester Hills and six other locations, including Bloomfield Hills and Oak Park, is charged with submitting false and fraudulent claims for medical treatments that were not medically necessary.
Among the allegations: Fata administered chemotherapy and other cancer treatments to patients who didn’t need them. He also is accused of engaging “in a scheme to unlawfully enrich himself” by soliciting and receiving kickbacks in exchange for referring patients for home health care and hospice services.
The federal charges, filed last month, allege that from August 2007 to July 2013, Fata’s MHO practice billed Medicare around $225 million, of which $109 million was for chemotherapy or other cancer treatments. Of the approximately $225 million, Medicare paid more than $91 million to Fata’s medical practice.
Kevin Brown, a Lake Orion resident, said he was very fond of Fata and credited the doctor with curing him of cancer in 2007. Brown said he was shocked when Fata suggested he have more chemotherapy as part of a “maintenance” plan.
“This guy told me I was going to see him the rest of my life,” said Brown.
Angry and filled with questions, Brown said he believes his recent onset of alopecia (hair loss that occurs when the immune system attacks hair follicles) can be attributed to the cancer drug Fata prescribed for him a year even after scans showed him to be cancer-free.
“I just want to meet him face to face ... man to man and ask him why did he do that to me?”
Fata has been in the Wayne County Jail under federal custody since last month, when he was arrested after federal authorities raided his home and medical offices in Oakland County.
His trial is set for mid-October. If convicted, Fata faces a maximum of 10 years for each count.
From The Detroit News:
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Votive Candle Holders Sold at Cracker Barrel Old Country Store Recalled Due to Fire
Hazard; Made by Mercuries Asia
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 25, 2013
Recall number: 13-291
Recall Summary
Name of product:
BBQ Ant Votive Candle Holders
Hazard:
The decorative ant’s arms, used to hold up the votive cup, can break. If this happens, a lit candle can tip over or fall out, posing fire and burn hazards.
Remedy:
View Details
Refund
Consumer Contact:
Mercuries Asia at (800) 828-9316 from 9 a.m. to 4 p.m. ET Monday through Friday or online at www.ma-recall.com.
From the CPSC
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Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 25, 2013
Recall number: 13-291
Recall Summary
Name of product:
BBQ Ant Votive Candle Holders
Hazard:
The decorative ant’s arms, used to hold up the votive cup, can break. If this happens, a lit candle can tip over or fall out, posing fire and burn hazards.
Remedy:
View Details
Refund
Consumer Contact:
Mercuries Asia at (800) 828-9316 from 9 a.m. to 4 p.m. ET Monday through Friday or online at www.ma-recall.com.
From the CPSC
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Thursday, October 3, 2013
$295,000 Settlement: Surveyor on dredging job slips, hurt on boat
Incident not reported for a month; plaintiff can’t go back because of disability
Plaintiff was working as a surveyor for defendant on the Kaskaskia River in Illinois, as part of a dredging contract issued by the U.S. Army Corps of Engineers.
Part of his duties included operating a “survey boat,” which was accessed from and moored to a “skidder barge.” Going against USACE’s safety requirements, the deck of the barge did not have any handholds, railings or nonskid material on its deck.
On April 22, 2011, during a crew change, Plaintiff tied the survey boat to the skidder barge. He slipped and fell. He reported the situation to the job superintendent. The superintendent testified that he was aware that the working surfaces of the skidder barge were not treated with nonskid prior to the accident.
Because of a lack of familiarity with the reporting procedures of the USACE and the defendant, the superintendent did not report the incident until May 20, 2011, when plaintiff told him he required medical attention for his back.
The matter settled for $295,000.
Type of action: Seaman’s personal injury pursuant to the Jones Act
Type of injuries: Back
Court/Case no./Date: U.S. District Court, Northern District of Illinois; 1:12-cv-02088; Feb. 13, 2013
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Plaintiff was working as a surveyor for defendant on the Kaskaskia River in Illinois, as part of a dredging contract issued by the U.S. Army Corps of Engineers.
Part of his duties included operating a “survey boat,” which was accessed from and moored to a “skidder barge.” Going against USACE’s safety requirements, the deck of the barge did not have any handholds, railings or nonskid material on its deck.
On April 22, 2011, during a crew change, Plaintiff tied the survey boat to the skidder barge. He slipped and fell. He reported the situation to the job superintendent. The superintendent testified that he was aware that the working surfaces of the skidder barge were not treated with nonskid prior to the accident.
Because of a lack of familiarity with the reporting procedures of the USACE and the defendant, the superintendent did not report the incident until May 20, 2011, when plaintiff told him he required medical attention for his back.
The matter settled for $295,000.
Type of action: Seaman’s personal injury pursuant to the Jones Act
Type of injuries: Back
Court/Case no./Date: U.S. District Court, Northern District of Illinois; 1:12-cv-02088; Feb. 13, 2013
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Schneider Electric Recalls APC Surge Protectors Due to Fire Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: October 03, 2013
Recall number: 14-001
Recall Summary
Name of product:
APC SurgeArrest surge protectors
Hazard:
The surge protectors can overheat, smoke and melt, posing a fire hazard.
Consumer Contact:
Schneider Electric IT Corp., toll-free at (888) 437-4007 from 8 a.m. to 5 p.m. ET Monday through Friday, or online at http://recall.apc.com, or www.apc.com and click on the Recall link to submit a claim and obtain more information.
From the CPSC
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Recall date: October 03, 2013
Recall number: 14-001
Recall Summary
Name of product:
APC SurgeArrest surge protectors
Hazard:
The surge protectors can overheat, smoke and melt, posing a fire hazard.
Consumer Contact:
Schneider Electric IT Corp., toll-free at (888) 437-4007 from 8 a.m. to 5 p.m. ET Monday through Friday, or online at http://recall.apc.com, or www.apc.com and click on the Recall link to submit a claim and obtain more information.
From the CPSC
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Wednesday, October 2, 2013
$350,000 Settlement: Knee injured, back aggravated when hotel stairs give way
Photos show deteriorated brackets, wood supports; wage loss is contended
Plaintiff, a 50-year-old Michigan resident, and her two sons had a room at defendant Hawthorn Suites. On July 18, 2009, at approximately 9 a.m., plaintiff attempted to walk down the exterior stairway of the hotel. Upon stepping on the third stair from the bottom, the step rolled forward, as it had not been properly secured. Plaintiff lost her balance, and upon being thrown forward, she hit the second step and landed on the concrete.
An ambulance was called, and plaintiff spoke to one of the inn’s maintenance workers, who showed up shortly after to repair the steps. The maintenance worker admitted that the steps had rotted and needed to be replaced. Photographs of the stairway showed the deteriorating condition of the remaining brackets and wood supports.
Plaintiff’s injuries included a right meniscal tear, which required surgery; an aggravation of a previous back injury, which was asymptomatic; and soft tissue injuries to shoulder, neck and ankles.
Plaintiff was self-employed, and one of her jobs involved managing her rental properties. She alleged that her injuries left her unable to properly perform her responsibilities, resulting in wage loss. Her medical bills were in excess of $60,000.
Plaintiff contended that defendant failed to: properly maintain the property; inspect the premises to discover the deteriorating condition of the wood steps; and warn its guests of the pending danger.
The matter settled for $350,000.
Type of action: Premises liability
Type of injuries: Meniscal tear, aggravation of prior back injury, soft tissue injuries to shoulder, neck and ankles
Court/Case no./Date: U.S. District Court, Northern District of Ohio; 3:11-cv-1350; April 5, 2013
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Plaintiff, a 50-year-old Michigan resident, and her two sons had a room at defendant Hawthorn Suites. On July 18, 2009, at approximately 9 a.m., plaintiff attempted to walk down the exterior stairway of the hotel. Upon stepping on the third stair from the bottom, the step rolled forward, as it had not been properly secured. Plaintiff lost her balance, and upon being thrown forward, she hit the second step and landed on the concrete.
An ambulance was called, and plaintiff spoke to one of the inn’s maintenance workers, who showed up shortly after to repair the steps. The maintenance worker admitted that the steps had rotted and needed to be replaced. Photographs of the stairway showed the deteriorating condition of the remaining brackets and wood supports.
Plaintiff’s injuries included a right meniscal tear, which required surgery; an aggravation of a previous back injury, which was asymptomatic; and soft tissue injuries to shoulder, neck and ankles.
Plaintiff was self-employed, and one of her jobs involved managing her rental properties. She alleged that her injuries left her unable to properly perform her responsibilities, resulting in wage loss. Her medical bills were in excess of $60,000.
Plaintiff contended that defendant failed to: properly maintain the property; inspect the premises to discover the deteriorating condition of the wood steps; and warn its guests of the pending danger.
The matter settled for $350,000.
Type of action: Premises liability
Type of injuries: Meniscal tear, aggravation of prior back injury, soft tissue injuries to shoulder, neck and ankles
Court/Case no./Date: U.S. District Court, Northern District of Ohio; 3:11-cv-1350; April 5, 2013
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Festool Recalls Plunge Cut Circular Saw Due to Laceration Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 30, 2013
Recall number: 13-293
Recall Summary
Name of product:
TS 55 REQ Plunge Cut Circular Saw
Hazard:
The plunge lock can engage when not intended, causing the saw blade to remain exposed from the housing following completion of the plunge cut and posing a laceration hazard.
Consumer Contact:
Festool USA toll-free at (855) 784-9727 from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.festoolusa.com and click on the “TS 55 REQ Recall” link for more information.
From the CPSC
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Recall date: September 30, 2013
Recall number: 13-293
Recall Summary
Name of product:
TS 55 REQ Plunge Cut Circular Saw
Hazard:
The plunge lock can engage when not intended, causing the saw blade to remain exposed from the housing following completion of the plunge cut and posing a laceration hazard.
Consumer Contact:
Festool USA toll-free at (855) 784-9727 from 8 a.m. to 5 p.m. ET Monday through Friday or online at www.festoolusa.com and click on the “TS 55 REQ Recall” link for more information.
From the CPSC
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Monday, September 30, 2013
$1.23 million Settlement: Estate seeks damages over wrongful death
Plaintiff says officials did not provide medical care for inmate in withdrawal
The personal representative for the Estate of the deceased, sought compensatory damages from defendants on claims of wrongful death and civil rights violation under Section 1983.
The deceased was in custody at the Lenawee County Jail for a parole violation. Plaintiff asserted that the deceased died in custody “due to the deliberate indifference of the defendants to her progressive and ultimately fatal medical distress caused by severe alcohol withdrawal.” It was contended that officials did not provide medical care for her as her condition deteriorated.
Type of action: Wrongful death, civil rights violation
Type of injuries: Death
Court/Case no./Date: U.S. District Court, Eastern District of Michigan; 2:09-cv-10648; Sept. 13, 2013
Name of judge: Judge David M. Lawson
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The personal representative for the Estate of the deceased, sought compensatory damages from defendants on claims of wrongful death and civil rights violation under Section 1983.
The deceased was in custody at the Lenawee County Jail for a parole violation. Plaintiff asserted that the deceased died in custody “due to the deliberate indifference of the defendants to her progressive and ultimately fatal medical distress caused by severe alcohol withdrawal.” It was contended that officials did not provide medical care for her as her condition deteriorated.
Type of action: Wrongful death, civil rights violation
Type of injuries: Death
Court/Case no./Date: U.S. District Court, Eastern District of Michigan; 2:09-cv-10648; Sept. 13, 2013
Name of judge: Judge David M. Lawson
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The Land of Nod Recalls Bed-Frames Due to Entrapment Hazard (Recall Alert)
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 19, 2013
Recall number: 13-751
Recall Summary
Name of product:
Iron Sleigh, Petal and Picket bed-frames
Hazard:
The openings in the headboard and footboard pose an entrapment hazard to young children.
Consumer Contact:
The Land of Nod toll-free at (855) 341-4325 from 9 a.m. to 4 p.m. CT Monday through Friday, e-mail recall@landofnod.com or online at www.landofnod.com and click on Product Recalls at the bottom of the page for more information.
From the CPSC
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Recall date: September 19, 2013
Recall number: 13-751
Recall Summary
Name of product:
Iron Sleigh, Petal and Picket bed-frames
Hazard:
The openings in the headboard and footboard pose an entrapment hazard to young children.
Consumer Contact:
The Land of Nod toll-free at (855) 341-4325 from 9 a.m. to 4 p.m. CT Monday through Friday, e-mail recall@landofnod.com or online at www.landofnod.com and click on Product Recalls at the bottom of the page for more information.
From the CPSC
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Friday, September 27, 2013
Waterlogic Recalls Water Cooling, Heating Systems Due to Fire Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 17, 2013
Recall number: 13-287
Recall Summary
Name of product:
Chiller-based water dispensers
Hazard:
The hot water tank can stop functioning and cause the machine to overheat, posing a fire hazard.
Consumer Contact:
Waterlogic Commercial Products toll-free at (855) 905-2002 from 9 a.m. to 5 p.m. CT Monday through Friday, or visit the website at www.waterlogic.us and click on the “Maintenance and Service” link to find the “Voluntary Recall” link for more information.
From the CPSC
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Recall date: September 17, 2013
Recall number: 13-287
Recall Summary
Name of product:
Chiller-based water dispensers
Hazard:
The hot water tank can stop functioning and cause the machine to overheat, posing a fire hazard.
Consumer Contact:
Waterlogic Commercial Products toll-free at (855) 905-2002 from 9 a.m. to 5 p.m. CT Monday through Friday, or visit the website at www.waterlogic.us and click on the “Maintenance and Service” link to find the “Voluntary Recall” link for more information.
From the CPSC
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Thursday, September 26, 2013
Shimano American Recalls Disc Brake Calipers Due to Collision Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 19, 2013
Recall number: 13-289
Recall Summary
Name of product:
Disc brake calipers
Hazard:
The calipers on the disc brakes can fail, posing a collision hazard.
Consumer Contact:
Shimano American at (800) 353-4719 from 8 a.m. to 5 p.m. PT Monday through Friday or online at www.shimano.com and click on “2013: Updated Voluntary Recall by Shimano” link on the bottom right corner of the page for more information.
From the CPSC
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Recall date: September 19, 2013
Recall number: 13-289
Recall Summary
Name of product:
Disc brake calipers
Hazard:
The calipers on the disc brakes can fail, posing a collision hazard.
Consumer Contact:
Shimano American at (800) 353-4719 from 8 a.m. to 5 p.m. PT Monday through Friday or online at www.shimano.com and click on “2013: Updated Voluntary Recall by Shimano” link on the bottom right corner of the page for more information.
From the CPSC
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Wednesday, September 25, 2013
$50,000 Settlement: Police sergeant disputes reason for his termination
Township says budgetary matters prompted firing; case settles at mediation
Plaintiff, acting police chief for defendant, sued the township on claims of Whistleblower Protection Act violation.
Plaintiff contended that his termination as police sergeant stemmed from his involvement in a campaign to oust two trustees from office. He had supported recall organizers with information on fundraising and counseled them when asked for help.
The township argued that Plaintiff’s termination was for budgetary reasons.
The matter settled before a three-person mediation panel for $50,000.
Type of action: Whistleblower Protection Act violation
Type of injuries: Job loss
Court/Case no./Date: Genesee County Circuit Court; 12-98257-CZ; Sept. 12, 2013
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Plaintiff, acting police chief for defendant, sued the township on claims of Whistleblower Protection Act violation.
Plaintiff contended that his termination as police sergeant stemmed from his involvement in a campaign to oust two trustees from office. He had supported recall organizers with information on fundraising and counseled them when asked for help.
The township argued that Plaintiff’s termination was for budgetary reasons.
The matter settled before a three-person mediation panel for $50,000.
Type of action: Whistleblower Protection Act violation
Type of injuries: Job loss
Court/Case no./Date: Genesee County Circuit Court; 12-98257-CZ; Sept. 12, 2013
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Frigidaire Recalls Professional Blenders Due to Laceration Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 19, 2013
Recall number: 13-288
Recall Summary
Name of product:
Frigidaire Professional blenders
Hazard:
The blender’s blade shaft assembly can break during use, posing a laceration hazard to consumers.
Consumer Contact:
Frigidaire toll-free at (888) 747-7637 from 8 a.m. to 7:30 p.m. CT Monday through Friday and from 10 a.m. to 6:30 p.m. CT on Saturday and Sunday, or online at www.frigidaire.com and click on Product Recall at the bottom of the page for more information or online at www.blenderrecall.com and enter the blender’s serial number to determine if the blender is part of the recall.
From the CPSC
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Recall date: September 19, 2013
Recall number: 13-288
Recall Summary
Name of product:
Frigidaire Professional blenders
Hazard:
The blender’s blade shaft assembly can break during use, posing a laceration hazard to consumers.
Consumer Contact:
Frigidaire toll-free at (888) 747-7637 from 8 a.m. to 7:30 p.m. CT Monday through Friday and from 10 a.m. to 6:30 p.m. CT on Saturday and Sunday, or online at www.frigidaire.com and click on Product Recall at the bottom of the page for more information or online at www.blenderrecall.com and enter the blender’s serial number to determine if the blender is part of the recall.
From the CPSC
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Tuesday, September 24, 2013
Drunken drivers keep Metro Detroit police officers on alert
Tony Briscoe
The Detroit News
A couple of alleged drunken drivers with wobbly legs and combative behavior made last week a bit more interesting for some Troy police.
Police say officers stopped a vehicle seen speeding and weaving between lanes at 12:52 a.m. Thursday near 14 Mile and Interstate 75. While talking with the officer, the 24-year-old Hazel Park driver, who smelled of booze, reached for a ¾ empty bottle of Southern Comfort and proceeded to wet his whistle one more time before his arrest, police said.
The last swig may have been too much as the driver couldn’t stand on his own while trying to take sobriety tests, police said.
He was arrested for operating while intoxicated and open alcohol in a motor vehicle. Police are awaiting blood alcohol content results from blood drawn after his arrest.
Twenty-four hours later and a little more than two miles away, officers observed a vehicle swerving and nearly strike the curb at Maple Road and Dequindre.
Behind the wheel, officers said they found a 28-year-old Sterling Heights man with slurred speech, bloodshot eyes and a temper. He admitted to drinking, they said, and failed field sobriety tests.
When asked to take a Breathalyzer, the man allegedly slapped an officer in the face.
He was arrested for assault and battery and operating while intoxicated. His blood alcohol content results are pending blood testing as well.
From The Detroit News
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The Detroit News
A couple of alleged drunken drivers with wobbly legs and combative behavior made last week a bit more interesting for some Troy police.
Police say officers stopped a vehicle seen speeding and weaving between lanes at 12:52 a.m. Thursday near 14 Mile and Interstate 75. While talking with the officer, the 24-year-old Hazel Park driver, who smelled of booze, reached for a ¾ empty bottle of Southern Comfort and proceeded to wet his whistle one more time before his arrest, police said.
The last swig may have been too much as the driver couldn’t stand on his own while trying to take sobriety tests, police said.
He was arrested for operating while intoxicated and open alcohol in a motor vehicle. Police are awaiting blood alcohol content results from blood drawn after his arrest.
Twenty-four hours later and a little more than two miles away, officers observed a vehicle swerving and nearly strike the curb at Maple Road and Dequindre.
Behind the wheel, officers said they found a 28-year-old Sterling Heights man with slurred speech, bloodshot eyes and a temper. He admitted to drinking, they said, and failed field sobriety tests.
When asked to take a Breathalyzer, the man allegedly slapped an officer in the face.
He was arrested for assault and battery and operating while intoxicated. His blood alcohol content results are pending blood testing as well.
From The Detroit News
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The Children’s Place Recalls Footed Pajamas Due to Violation of Federal Flammability Standard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 17, 2013
Recall number: 13-286
Recall Summary
Name of product:
Children’s one-piece footed pajamas
Hazard:
The footed pajamas fail to meet the federal flammability standard for children’s sleepwear, posing a burn hazard to children. The garments are being recalled because they do not meet the tight-fitting sizing requirements.
Consumer Contact:
The Children’s Place toll-free at (877) 752-2387 between 9 a.m. and
5 p.m. ET Monday through Friday, or online at www.childrensplace.com and click on Customer Service for more information.
The Children’s Place toll-free at (877) 752-2387 between 9 a.m. and 5 p.m. ET Monday through Friday, or online at www.childrensplace.com and click on Customer Service for more information.
From the CPSC
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Recall date: September 17, 2013
Recall number: 13-286
Recall Summary
Name of product:
Children’s one-piece footed pajamas
Hazard:
The footed pajamas fail to meet the federal flammability standard for children’s sleepwear, posing a burn hazard to children. The garments are being recalled because they do not meet the tight-fitting sizing requirements.
Consumer Contact:
The Children’s Place toll-free at (877) 752-2387 between 9 a.m. and
5 p.m. ET Monday through Friday, or online at www.childrensplace.com and click on Customer Service for more information.
The Children’s Place toll-free at (877) 752-2387 between 9 a.m. and 5 p.m. ET Monday through Friday, or online at www.childrensplace.com and click on Customer Service for more information.
From the CPSC
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Monday, September 23, 2013
Ceiling-Mounted Light Fixtures Recalled by Dolan Designs Due to Fire and Shock Hazards
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 12, 2013
Recall number: 13-285
Recall Summary
Name of product:
Ceiling-Mounted Light Fixture
Hazard:
The fixture's socket wire insulation can degrade and lead to charged wires becoming exposed, causing electricity to pass to the metal canopy of the fixture. This poses a fire and electric shock hazard to consumers.
Consumer Contact:
Dolan Designs Inc; toll-free at (855) 553-6526, from 8 a.m. to 5 p.m. PT Monday through Friday; or e-mail flushmountrecall@dolandesigns.com.
From the CPSC
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Recall date: September 12, 2013
Recall number: 13-285
Recall Summary
Name of product:
Ceiling-Mounted Light Fixture
Hazard:
The fixture's socket wire insulation can degrade and lead to charged wires becoming exposed, causing electricity to pass to the metal canopy of the fixture. This poses a fire and electric shock hazard to consumers.
Consumer Contact:
Dolan Designs Inc; toll-free at (855) 553-6526, from 8 a.m. to 5 p.m. PT Monday through Friday; or e-mail flushmountrecall@dolandesigns.com.
From the CPSC
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Friday, September 20, 2013
$375,000 Settlement: Pharmacy tech sues hospital for FLMA, ADA
She seeks relief from pain of standing due to lupus, is fired after seeking leave
Plaintiff worked as a pharmacy technician at defendant. She had been employed by the hospital for 24 years, and received good evaluations during her career there.
Because she had lupus, in 2011 took intermittent leave under the Family and Medical Leave Act. On July 14, 2011, She was required to work a particularly lengthy period of time standing up, causing her to suffer leg pain because of her lupus.
She informed her supervisor of needing relief from the constant standing and that, if not afforded relief, would take time off under FLMA. When her request was refused, She sought to take FLMA time, but was then discharged.
Type of action: FMLA and ADA violations
Type of injuries: Wage loss, emotional distress
Court/Case no./Date: U.S. District Court, Eastern District of Michigan; 12-CV-13704; Aug. 21, 2013
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Plaintiff worked as a pharmacy technician at defendant. She had been employed by the hospital for 24 years, and received good evaluations during her career there.
Because she had lupus, in 2011 took intermittent leave under the Family and Medical Leave Act. On July 14, 2011, She was required to work a particularly lengthy period of time standing up, causing her to suffer leg pain because of her lupus.
She informed her supervisor of needing relief from the constant standing and that, if not afforded relief, would take time off under FLMA. When her request was refused, She sought to take FLMA time, but was then discharged.
Type of action: FMLA and ADA violations
Type of injuries: Wage loss, emotional distress
Court/Case no./Date: U.S. District Court, Eastern District of Michigan; 12-CV-13704; Aug. 21, 2013
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Hachette Book Group Recalls Children’s Books Due To Choking and Laceration Hazards
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 11, 2013
Recall number: 13-284
Recall Summary
Name of product:
Children's books titled “Count my Kisses, 1, 2, 3” and “Red, Green, Blue, I Love You”
Hazard:
A metal rod holding small beads on the cover of books can detach and release small parts that present a choking hazard. A detached metal bar can expose a sharp edge posing a laceration hazard.
Consumer Contact:
Hachette Book Group at (888) 965-5802 from 8 a.m.to 5 p.m. ET Monday through Friday, or online at www.hachettebookrecall.com or www.hachettebookgroup.com and click on the link in the Recall/Important Safety Notice box on the home page for more
From the CPSC
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Recall date: September 11, 2013
Recall number: 13-284
Recall Summary
Name of product:
Children's books titled “Count my Kisses, 1, 2, 3” and “Red, Green, Blue, I Love You”
Hazard:
A metal rod holding small beads on the cover of books can detach and release small parts that present a choking hazard. A detached metal bar can expose a sharp edge posing a laceration hazard.
Consumer Contact:
Hachette Book Group at (888) 965-5802 from 8 a.m.to 5 p.m. ET Monday through Friday, or online at www.hachettebookrecall.com or www.hachettebookgroup.com and click on the link in the Recall/Important Safety Notice box on the home page for more
From the CPSC
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Thursday, September 19, 2013
Chobani Recalls Yogurt Cups Affected by Mold
Chobani Recalls Yogurt Cups Affected by Mold
For more than a week, Chobani customers have complained of bloated cups and foul-smelling or off-tasting yogurt, which Chobani blamed on “isolated quality concerns.”
Although the company originally began a voluntary withdrawal of the affected products, some claims of illness prompted Chobani to switch to a voluntary recall.
The affected products bear the code “16-012″ on their foil covers and have expiration dates between Sept. 11, 2013, and Oct. 7, 2013. Chobani says consumers who have purchased the product should discard it and contact their Customer Loyalty Team for a replacement or refund.
According to Chobani, the product in question comprises less than five percent of the company’s production and is limited to cups produced at their Idaho facility, which accounts for one-third of the company’s production capacity, and that over 95 percent of the products in question have already been identified and removed from retailer shelves.
© Food Safety News
$1 million Settlement: Woman burned over 21 percent of body when fuel gel ignites
Plaintiffs allege defendant had prior knowledge that flame could be invisible
Plaintiff, a 42-year-old married, middle school teacher, suffered severe burns over 21 percent of her body when a friend attempted to relight a citronella fire pot by pouring defendant’s fuel gel onto a smoldering flame.
As the refueling began, the fuel gel burst into flames and exploded onto Wilk, who was standing a few feet away.
Plaintiffs alleged that prior to this incident, defendant had been made aware that the burning flame may be invisible and that the fuel’s vapors could travel quickly to ignition sources. This, coupled with the design of the firepot, which plaintiffs alleged made the flame difficult — or, in some cases, impossible — to see, created an unreasonable danger to consumers.
Plaintiffs’ counsel said that the key to resolving this case was positioning themselves in the midst of a declaratory judgment action filed in the Washtenaw County Circuit Court, wherein it was alleged that defendant’s insurance and excess carrier policy limits could be far greater than what had been claimed.
Type of action: Product liability
Type of injuries: Second- and third-degree burns to hands, arms, chest, neck and face
Court/Case no./Date: Gratiot County Circuit Court; 12-11739; Feb. 4, 2013
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Plaintiff, a 42-year-old married, middle school teacher, suffered severe burns over 21 percent of her body when a friend attempted to relight a citronella fire pot by pouring defendant’s fuel gel onto a smoldering flame.
As the refueling began, the fuel gel burst into flames and exploded onto Wilk, who was standing a few feet away.
Plaintiffs alleged that prior to this incident, defendant had been made aware that the burning flame may be invisible and that the fuel’s vapors could travel quickly to ignition sources. This, coupled with the design of the firepot, which plaintiffs alleged made the flame difficult — or, in some cases, impossible — to see, created an unreasonable danger to consumers.
Plaintiffs’ counsel said that the key to resolving this case was positioning themselves in the midst of a declaratory judgment action filed in the Washtenaw County Circuit Court, wherein it was alleged that defendant’s insurance and excess carrier policy limits could be far greater than what had been claimed.
Type of action: Product liability
Type of injuries: Second- and third-degree burns to hands, arms, chest, neck and face
Court/Case no./Date: Gratiot County Circuit Court; 12-11739; Feb. 4, 2013
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Cambridge Metal & Plastics Recalls Motorcycle Training Wheels Due to a Crash Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 11, 2013
Recall number: 13-281
Recall Summary
Name of product:
Motorcycle Training Wheels
Hazard:
Bolts and nuts securing the wheel can loosen and cause the rider to lose control, posing a crash hazard.
Consumer Contact:
Cambridge Metal & Plastics at (800) 457-0580 from 8 a.m. to 5 p.m. CT Monday through Friday or online at www.cmp-wwm.com and click on Training Wheel Recall for more information.
From the CPSC
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Recall date: September 11, 2013
Recall number: 13-281
Recall Summary
Name of product:
Motorcycle Training Wheels
Hazard:
Bolts and nuts securing the wheel can loosen and cause the rider to lose control, posing a crash hazard.
Consumer Contact:
Cambridge Metal & Plastics at (800) 457-0580 from 8 a.m. to 5 p.m. CT Monday through Friday or online at www.cmp-wwm.com and click on Training Wheel Recall for more information.
From the CPSC
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Wednesday, September 18, 2013
$3.9 million Settlement: C-section delay led to baby’s brain damage
Defendants claim injuries came from herpes during pregnancy; case settles
Plaintiff next friend and mother, on behalf of plaintiff minor, sought compensatory damages from defendants’ hospital, doctors, and hospital residents on claims of birth trauma and medical malpractice.
Plaintiff mother treated prenatally with a hospital clinic, where she received full prenatal care and was a compliant patient. Ultrasounds showed two different gestational ages for the child one week apart, and one was signed and consistent with the last missed period.
At 25 weeks, the mother was diagnosed with genital herpes and received medication for treatment. At 29 weeks, the mother was diagnosed with gestational diabetes, which was treated with dietary restrictions. At 38 weeks, plaintiff reported scabies contact, presenting to a prenatal care appointment with a rash on her abdomen, hands and feet.
Because of the mother’s gestational diabetes, the resident testified that the plan was to induce labor between 39 and 40 weeks gestation. Plaintiff alleged that the doctors didn’t address the two different ultrasound ages when considering when to deliver.
Plaintiff alleged the fetus wasn’t able to tolerate labor and the mother needed a C-section. Meconium was present when the membranes ruptured, suggesting fetal distress. Nonreassuring heart tones were present near the end of labor. The fetal heart monitor showed the baby wasn’t doing well, and an emergency C-section was finally performed.
The baby was born with a low heart rate, wasn’t breathing at 1 minute of age, and needed to be resuscitated. At five minutes of age, she was doing much better. She had normal activity for the first four hours after birth. She experienced seizure activity at four hours of life.
Umbilical cord blood gases were in the normal range, and head imaging was abnormal and consistent with herpes infection or hypoxic ischemic event. Plaintiff minor was later diagnosed with cerebral palsy, speech deficits, and motor deficits.
Plaintiff asserted that the standard of practice required delivery for a mother with gestational diabetes between 39 and 40 weeks gestation. Further, plaintiff asserted that the fetal monitor tracing from plaintiff’s labor showed nonreassuring fetal heart tones and excessive uterine stimulation, which required earlier delivery of plaintiff minor.
In addition, it was argued that the resident managing the labor failed to warn the attending doctor that the baby was in distress, and thus a C-section was not timely performed. This delay caused a lack of oxygen to the baby’s brain and led to brain damage.
Defendants’ position was that plaintiff minor, although slightly depressed at birth, was fine by five minutes of age, had normal umbilical cord gasses and normal neurological findings during the first four hours of life, demonstrating a pre-existing injury and absence of a hypoxic ischemic event during labor.
In addition, it was argued that the normal cord gasses showed that the baby has not suffered hypoxic ischemic event in the birthing process. Defendants also claimed the baby’s injuries were the result of infection, as evidenced by the diagnosed herpes infection, the severe rash near the end of the pregnancy, and the head imaging which was consistent with a viral infection and not hypoxic ischemic event.
Type of action: Birth trauma, medical malpractice
Type of injuries: Cerebral palsy, cognitive deficits
Name of case: Confidential
Court/Case no./Date: Confidential; confidential; Aug. 1, 2013
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Plaintiff next friend and mother, on behalf of plaintiff minor, sought compensatory damages from defendants’ hospital, doctors, and hospital residents on claims of birth trauma and medical malpractice.
Plaintiff mother treated prenatally with a hospital clinic, where she received full prenatal care and was a compliant patient. Ultrasounds showed two different gestational ages for the child one week apart, and one was signed and consistent with the last missed period.
At 25 weeks, the mother was diagnosed with genital herpes and received medication for treatment. At 29 weeks, the mother was diagnosed with gestational diabetes, which was treated with dietary restrictions. At 38 weeks, plaintiff reported scabies contact, presenting to a prenatal care appointment with a rash on her abdomen, hands and feet.
Because of the mother’s gestational diabetes, the resident testified that the plan was to induce labor between 39 and 40 weeks gestation. Plaintiff alleged that the doctors didn’t address the two different ultrasound ages when considering when to deliver.
Plaintiff alleged the fetus wasn’t able to tolerate labor and the mother needed a C-section. Meconium was present when the membranes ruptured, suggesting fetal distress. Nonreassuring heart tones were present near the end of labor. The fetal heart monitor showed the baby wasn’t doing well, and an emergency C-section was finally performed.
The baby was born with a low heart rate, wasn’t breathing at 1 minute of age, and needed to be resuscitated. At five minutes of age, she was doing much better. She had normal activity for the first four hours after birth. She experienced seizure activity at four hours of life.
Umbilical cord blood gases were in the normal range, and head imaging was abnormal and consistent with herpes infection or hypoxic ischemic event. Plaintiff minor was later diagnosed with cerebral palsy, speech deficits, and motor deficits.
Plaintiff asserted that the standard of practice required delivery for a mother with gestational diabetes between 39 and 40 weeks gestation. Further, plaintiff asserted that the fetal monitor tracing from plaintiff’s labor showed nonreassuring fetal heart tones and excessive uterine stimulation, which required earlier delivery of plaintiff minor.
In addition, it was argued that the resident managing the labor failed to warn the attending doctor that the baby was in distress, and thus a C-section was not timely performed. This delay caused a lack of oxygen to the baby’s brain and led to brain damage.
Defendants’ position was that plaintiff minor, although slightly depressed at birth, was fine by five minutes of age, had normal umbilical cord gasses and normal neurological findings during the first four hours of life, demonstrating a pre-existing injury and absence of a hypoxic ischemic event during labor.
In addition, it was argued that the normal cord gasses showed that the baby has not suffered hypoxic ischemic event in the birthing process. Defendants also claimed the baby’s injuries were the result of infection, as evidenced by the diagnosed herpes infection, the severe rash near the end of the pregnancy, and the head imaging which was consistent with a viral infection and not hypoxic ischemic event.
Type of action: Birth trauma, medical malpractice
Type of injuries: Cerebral palsy, cognitive deficits
Name of case: Confidential
Court/Case no./Date: Confidential; confidential; Aug. 1, 2013
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Eco-Novelty Recalls Jumbo Size and Jumbo Multipurpose Cosmo Beads Toys Due to Serious Ingestion Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 10, 2013
Recall number: 13-278
Recall Summary
Name of product:
Water-absorbing polymer beads
Hazard:
The hard and colorful toy can be easily mistaken for candy by a child. When the bead is ingested, it expands and can cause intestinal obstructions inside a child’s body, resulting in severe discomfort, vomiting, dehydration and could be life threatening. The toys need surgery to be removed from the body. Similar toys have not shown up on x-rays.
Consumer Contact:
Eco Novelty Corp. at (231) 222-4200 from 9 a.m. to 5 p.m. ET Monday through Friday, or e-mail admin@econoveltycorp.com.
From the CPSC
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Recall date: September 10, 2013
Recall number: 13-278
Recall Summary
Name of product:
Water-absorbing polymer beads
Hazard:
The hard and colorful toy can be easily mistaken for candy by a child. When the bead is ingested, it expands and can cause intestinal obstructions inside a child’s body, resulting in severe discomfort, vomiting, dehydration and could be life threatening. The toys need surgery to be removed from the body. Similar toys have not shown up on x-rays.
Consumer Contact:
Eco Novelty Corp. at (231) 222-4200 from 9 a.m. to 5 p.m. ET Monday through Friday, or e-mail admin@econoveltycorp.com.
From the CPSC
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Monday, September 16, 2013
$365,000 Settlement: Employee slips, falls on ice near entrance of workplace
Defense: Claim barred under WCA, hazard open and obvious, lights bright
Plaintiff was an employee at a light-industrial facility in Detroit, which was operated by defandant. She did cutting, folding, inserting, collating and sorting mail for clients at their specification.
In 1987, another company was formed for purposes of assuming direct employment of all employees and personnel, except for its corporate officers. Defendant retained control over the times and places that the employees would provide services, as well as the benefits and compensation paid to them.
Plaintiff, was walking into the employee entrance at the workplace, when she fell on ice near the entrance and fractured her ankle. She described the scene as dark because the building lights were not on, and that she could not see the ice. However, a co-worker stated that he could see the ice and that the lighting in the area was bright.
Defendants argued that plaintiff’s claim was barred under the Workers’ Compensation Act and Economic Realty Test, and that the ice was open and obvious.
Type of action: Personal injury
Type of injuries: Fractured ankle
Court/Case no./Date: Wayne County Circuit Court; 11-022271-NO; Feb. 19, 2013
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Plaintiff was an employee at a light-industrial facility in Detroit, which was operated by defandant. She did cutting, folding, inserting, collating and sorting mail for clients at their specification.
In 1987, another company was formed for purposes of assuming direct employment of all employees and personnel, except for its corporate officers. Defendant retained control over the times and places that the employees would provide services, as well as the benefits and compensation paid to them.
Plaintiff, was walking into the employee entrance at the workplace, when she fell on ice near the entrance and fractured her ankle. She described the scene as dark because the building lights were not on, and that she could not see the ice. However, a co-worker stated that he could see the ice and that the lighting in the area was bright.
Defendants argued that plaintiff’s claim was barred under the Workers’ Compensation Act and Economic Realty Test, and that the ice was open and obvious.
Type of action: Personal injury
Type of injuries: Fractured ankle
Court/Case no./Date: Wayne County Circuit Court; 11-022271-NO; Feb. 19, 2013
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Baby Jogger Recalls Car Seat Adaptors for Strollers Due to Fall Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: August 28, 2013
Recall number: 13-272
Recall Summary
Name of product:
Car Seat Adaptor for Strollers
Hazard:
The car seat adaptor support bars can fail, posing a fall hazard to children.
Consumer Contact:
Baby Jogger® toll-free at (877) 506-2213 from 8:30 a.m. to 5:30 p.m. ET Monday through Friday or online at www.babyjogger.com and click on Recall Information tab at the bottom of the page for more information, or email recall@babyjogger.com.
From the CPSC
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Recall date: August 28, 2013
Recall number: 13-272
Recall Summary
Name of product:
Car Seat Adaptor for Strollers
Hazard:
The car seat adaptor support bars can fail, posing a fall hazard to children.
Consumer Contact:
Baby Jogger® toll-free at (877) 506-2213 from 8:30 a.m. to 5:30 p.m. ET Monday through Friday or online at www.babyjogger.com and click on Recall Information tab at the bottom of the page for more information, or email recall@babyjogger.com.
From the CPSC
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Thursday, September 12, 2013
Crosman Recalls Air Pistols Due to Explosion Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 06, 2013
Recall number: 13-277
Recall Summary
Name of product:
Air pistols
Hazard:
The air pistols can explode at high temperatures, propelling the pistol’s broken plastic pieces into the air, and posing a risk of serious eye and other injuries to users.
Consumer Contact:
Crosman Corp. toll-free at (866) 583-7340 anytime, or online at www.crosman.com and click on Important Safety Notice at the top of the web page.
From the CPSC
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Recall date: September 06, 2013
Recall number: 13-277
Recall Summary
Name of product:
Air pistols
Hazard:
The air pistols can explode at high temperatures, propelling the pistol’s broken plastic pieces into the air, and posing a risk of serious eye and other injuries to users.
Consumer Contact:
Crosman Corp. toll-free at (866) 583-7340 anytime, or online at www.crosman.com and click on Important Safety Notice at the top of the web page.
From the CPSC
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$140,919 Verdict: Woman says malignancy went undetected
Radiologist asserts study interpreted correctly, but jury finds him negligent
On Aug. 7, 2009, plaintiff had a bilateral screening mammogram. In his formal report, defendant, a diagnostic radiologist, noted that the mammogram study had been unchanged from her July 27, 2007, and July 31, 2008, studies.
Plaintiff argued that the study did show an abnormality in her right breast in the 10 o’clock position, and in May 2010, she found a lump. A right diagnostic mammogram and ultrasound revealed a malignant mass.
Type of action: Medical malpractice
Type of injuries: Breast cancer
Court/Case no./Date: Oakland County Circuit Court; 2012-124737-NH; July 16, 2013
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On Aug. 7, 2009, plaintiff had a bilateral screening mammogram. In his formal report, defendant, a diagnostic radiologist, noted that the mammogram study had been unchanged from her July 27, 2007, and July 31, 2008, studies.
Plaintiff argued that the study did show an abnormality in her right breast in the 10 o’clock position, and in May 2010, she found a lump. A right diagnostic mammogram and ultrasound revealed a malignant mass.
Type of action: Medical malpractice
Type of injuries: Breast cancer
Court/Case no./Date: Oakland County Circuit Court; 2012-124737-NH; July 16, 2013
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Gree Recalls 12 Brands of Dehumidifiers Due to Serious Fire and Burn Hazards; More Than $2 Million in Property Damage Reported
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 12, 2013
Recall number: 13-283
Recall Summary
Name of product:
Dehumidifiers
Hazard:
The dehumidifiers can overheat, smoke and catch fire, posing fire and burn hazards to consumers.
Remedy:
View Details
Refund
Consumer Contact:
Gree toll-free at (866) 853-2802 from 8 a.m. to 8 p.m. ET Monday through Friday, and on Saturday from 9 a.m. to 3 p.m. ET, or online at www.greeusa.com and click on Recall for more information.
From the CPSC
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Recall date: September 12, 2013
Recall number: 13-283
Recall Summary
Name of product:
Dehumidifiers
Hazard:
The dehumidifiers can overheat, smoke and catch fire, posing fire and burn hazards to consumers.
Remedy:
View Details
Refund
Consumer Contact:
Gree toll-free at (866) 853-2802 from 8 a.m. to 8 p.m. ET Monday through Friday, and on Saturday from 9 a.m. to 3 p.m. ET, or online at www.greeusa.com and click on Recall for more information.
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Wednesday, September 11, 2013
$750,000 Settlement: Renter falls through garage attic, fractures pelvis, wrist
Plaintiff claims dangerous condition presented with particle board as flooring
Plaintiffs Patrick and Sherry Cassasanta rented a residential property from defendants Dennis and Karen Saviano. Patrick Cassasanta was walking on the flooring in the attic above the garage when he fell through, suffering a fractured pelvis and wrist. In addition, impotence was argued as a result of the pelvic injuries.
Plaintiffs argued that defendants created a dangerous condition by installing particle board as flooring, as it was imbalanced and not secured or strong enough to use as a walkway.
Defendants contended that plaintiff Patrick Cassasanta was fully at fault, as he was familiar with the attic walkway and failed to exercise reasonable care for his own safety. In addition, defendants denied creating a dangerous condition and disputed the nature and extent of plaintiff’s injuries, including the claim of impotence.
An arbitration panel awarded $750,000 to plaintiffs, including $100,000 for loss of consortium, though the award was subject to a confidential high/low agreement. The matter settled for the full arbitration amount.
Type of action: Personal injury
Type of injuries: Fractured pelvis and wrist
Court/Case no./Date: Macomb County Circuit Court; 2011-1710-NI; Jan. 10, 2013
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Plaintiffs Patrick and Sherry Cassasanta rented a residential property from defendants Dennis and Karen Saviano. Patrick Cassasanta was walking on the flooring in the attic above the garage when he fell through, suffering a fractured pelvis and wrist. In addition, impotence was argued as a result of the pelvic injuries.
Plaintiffs argued that defendants created a dangerous condition by installing particle board as flooring, as it was imbalanced and not secured or strong enough to use as a walkway.
Defendants contended that plaintiff Patrick Cassasanta was fully at fault, as he was familiar with the attic walkway and failed to exercise reasonable care for his own safety. In addition, defendants denied creating a dangerous condition and disputed the nature and extent of plaintiff’s injuries, including the claim of impotence.
An arbitration panel awarded $750,000 to plaintiffs, including $100,000 for loss of consortium, though the award was subject to a confidential high/low agreement. The matter settled for the full arbitration amount.
Type of action: Personal injury
Type of injuries: Fractured pelvis and wrist
Court/Case no./Date: Macomb County Circuit Court; 2011-1710-NI; Jan. 10, 2013
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Target Recalls Threshold Floor Lamps Due to Fire and Shock Hazard
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
Recall date: September 03, 2013
Recall number: 13-275
Recall Summary
Name of product:
White 2-Bulb Floor Lamp
Hazard:
The lamp can short when a standard one-way bulb is fully tightened in the lamp’s three-way socket, posing a fire and shock hazard to consumers.
Remedy:
View Details
Refund
Consumer Contact:
Target at (800) 440-0680 from 7 a.m. to 6 p.m. CT Monday through Friday or online at www.target.com and click on Product Recalls under the Help tab, then click on Home & Kitchen for more information.
From the CPSC
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Recall date: September 03, 2013
Recall number: 13-275
Recall Summary
Name of product:
White 2-Bulb Floor Lamp
Hazard:
The lamp can short when a standard one-way bulb is fully tightened in the lamp’s three-way socket, posing a fire and shock hazard to consumers.
Remedy:
View Details
Refund
Consumer Contact:
Target at (800) 440-0680 from 7 a.m. to 6 p.m. CT Monday through Friday or online at www.target.com and click on Product Recalls under the Help tab, then click on Home & Kitchen for more information.
From the CPSC
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Tuesday, September 10, 2013
$1.05 million: Estate of teen seeks damages for post-party drowning
Plaintiff argues that boy would have died even if he hadn’t been drinking
Plaintiff’s decedent, 17, joined several other high school students at defendant homeowners’ property for a party the night before high school graduation. Alcohol was served and consumed and marijuana was smoked on the property.
When the defendants ordered the attendees home, the teen attempted to try and sleep in defendants’ house because it was cold outside, but was told to leave and was locked out.
Defendants’ property slopes down to a deep river, and many cars were parked on the sloped portion of the property. The teen went to sleep in his car because he didn’t want to drive home drunk. In the middle of the night, his car rolled into the river. Unable to escape, he drowned.
Plaintiff’s estate asserted that when the homeowners were notified that something had happened to the teen, rather than call the police, defendants cleaned up the party scene — removing the keg and other debris — while the teen was trapped inside his car at the bottom of the river. Only after the scene had been cleaned up did defendants call the police, but by that time it was too late.
Defendant’s homeowners insurance company disputed coverage by claiming the teen’s death arose from a criminal act or the supervision of a criminal act (i.e., the provision of alcohol to a minor).
Plaintiff overcame summary disposition on this argument by pointing out that the teen’s alcohol consumption was not the proximate cause of his death. There was a question of material fact as to whether the teen’s lack of sobriety played any role in his death, with evidence suggesting that even if he was sober, he would have died.
Plaintiff overcame summary disposition, and then prevailed at a declaratory action jury trial in Midland County. The case was submitted to arbitration shortly before trial on the underlying civil case, and the panel awarded $1.05 million.
Type of action: Negligent supervision, premises liability
Type of injuries: Death
Name of case: Confidential
Court/Case no./Date: Midland County Circuit Court; confidential; May 7, 2013
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Plaintiff’s decedent, 17, joined several other high school students at defendant homeowners’ property for a party the night before high school graduation. Alcohol was served and consumed and marijuana was smoked on the property.
When the defendants ordered the attendees home, the teen attempted to try and sleep in defendants’ house because it was cold outside, but was told to leave and was locked out.
Defendants’ property slopes down to a deep river, and many cars were parked on the sloped portion of the property. The teen went to sleep in his car because he didn’t want to drive home drunk. In the middle of the night, his car rolled into the river. Unable to escape, he drowned.
Plaintiff’s estate asserted that when the homeowners were notified that something had happened to the teen, rather than call the police, defendants cleaned up the party scene — removing the keg and other debris — while the teen was trapped inside his car at the bottom of the river. Only after the scene had been cleaned up did defendants call the police, but by that time it was too late.
Defendant’s homeowners insurance company disputed coverage by claiming the teen’s death arose from a criminal act or the supervision of a criminal act (i.e., the provision of alcohol to a minor).
Plaintiff overcame summary disposition on this argument by pointing out that the teen’s alcohol consumption was not the proximate cause of his death. There was a question of material fact as to whether the teen’s lack of sobriety played any role in his death, with evidence suggesting that even if he was sober, he would have died.
Plaintiff overcame summary disposition, and then prevailed at a declaratory action jury trial in Midland County. The case was submitted to arbitration shortly before trial on the underlying civil case, and the panel awarded $1.05 million.
Type of action: Negligent supervision, premises liability
Type of injuries: Death
Name of case: Confidential
Court/Case no./Date: Midland County Circuit Court; confidential; May 7, 2013
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